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R82-12 03-08-82 RESOLUTION NO. R82-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY OF PEARLAND AND BRAZORIA COUNTY, TEXAS. BE IT RESOLVED by the City Council of the City of Pearland, Texas that the Mayor be, and he is hereby authorized to execute for and in behalf of the City, a Contract by and between the City of Pearland and Brazoria County, Texas for the purpose of furnishing Public Library Services to all Pearland City residents. PASSED AND APPROVED this ,?~ day of ~,_~fT~.~. , Ao D. , 1982. CITY OF PEARLAND, TE~ / ! Mayor ATTE ST: 'C'~ t y Se c re t ar,.~~ TELEPHONE (713) POST OFFICE BOX 1157 PEARLAND, TEXAS 77581 March 18, 1982 Mr. John A. Moorman, Director Brazoria County Library System 401 E. Cedar Angleton, Texas 77515 Re: Contract Between Brazoria County and City of Pearland for Library Services. Dear Mr. Moorman: Attached are two copies of the contract approved by the City Council in a regular meeting on March 8, 1982~.relating to Library Services in the City of Pearland. Please return one copy of this agreement to'the City after it has been executed by the prober County official. For your information, we are attaching excerpts of the Minutes of the Meeting of March 8, 1982 wherein the City Council requested a letter from you clarifying Section VII of the Yours very truly, CONTRACT BETWEEN CITY OF PEARLAND AND BRAZORIA COUNTY PERTAINING TO PUBLIC LIBRARY SERVICE STATE OF TEXAS ~ COUNTY OF BRAZORIA I This is a Contract by and between BRAZORIA COUNTY, TEXAS acting herein through the County Judge of Brazoria County, Texas, being duly authorized by the action of the Commissioners' Court of Brazoria County and the CITY OF PEARLAND acting herein through its Mayor, hereunto duly authorized by resolution of the City Council, for the furnishing of Public Library Services and privileges to all persons residing in the city limits of Pearland. This Contract is entered into pursuant to the authority granted by Article 1691, Texas Revised Civil Statutes interpreting said legislative enactment; and pursuant to all other statutory authority related to supply County Library Services. I. The County of Brazoria covenants and agrees to render free public library service under the authority of Article 1691, Texas Revised Civil Statutes, within the City of Pearland, and to make available to all citizens of Pearland free pgblic library service. It is agreed that all books, reading materials, and all equipment purchased by the Brazoria County Library Central Headquarters and in the possession of the Brazoria County Library Central Headquarters or any of its branches shall be equally accessible to the residents of the Cities and County during the terms of this contract. All books, reading materials, and all equipment purchased with local Pearland funds and in the possession of the Pearland Library shall be equally accessible to the residents of Brazoria County when used from that branch location during the terms of this contract. II. It is agreed by and between the parties during the terms of this contract that the library in the City of Pearland becomes part of the County Free Library System and is subject to the rules and regulations set forth in the Texas Revised Civil Statutes, Articles 1677-1696a. It is agreed by and between parties during the terms of this contract that the library in the City of Pearland be named the Pearland Library and that this name along with the wording "Branch of the Brazoria County Library System" be placed on the building or on a sign near the building by the City of Pearland. III. The County of Brazoria covenants and agrees to provide the personnel~ library materials, including periodicals, books, A-V materials; the cataloging and processing of the materials; the necessary supplies pertaining to personnel, circulation, and the running of the library; and circulation equipment and other equipment as approved by Commissioners' Court to the Pearland Library during the term of this Contract. The County further agrees to provide and keep in force at all times a policy of insurance covering all library books. IV. The overall management of library operation of the Pearland Library, including policies of service, shall be the responsibility of the County Librarian working under the supervision and the direction of the Brazoria County Commissioners' Court as set forth in Article 1685 and 1687 of the Texas Revised Civil Statutes. The County Librarian shall submit to the City Council of Pearland copies of all policies pertaining to library service. V. All employees engaged in such public library service, whether working within the City of Pearland or outside the City of Pearland in service for other parts of the County, shall be considered employees of Brazoria County, and not employees of the City. Such employees shall work exclusively under the supervision and direction of the County Librarian of the Brazoria County Library. Such employees shall be subject to employment, removal, and all rights and benefits in the same manner as other Brazoria County employees. VI. It is agreed by and between the parties that the County Librarian of the Brazoria County Library System shall hold or secure from the State Board of Library Examiners, a Certificate of Qualification as a County Librarian. VII. The City of Pearland covenants and agrees to provide a climate controlled building, furnishings, its maintenance and utilities for the Pearland Library. Furnishings are defined as those §oods not to include office machines, useful for the efficient operation of the library which may include such items as: 1. Shelving for magazines and books 2. Desks for librariam and staff 3. Reading tables 4. Chairs for tables, desks, and reading areas 5. Atlas and dictionary ~tands 6. Index tables 7. Filing cabinets 8. Circulation desk 9. Card catalog 10. Display racks ll. Outside book drop 12. Wastebaskets 13. Copy machines These furnishings must be coordinated by the County Librarian working in conjunction with the Branch Librarian and the Pearland Library Board. It is understood, in interpretation of this article, that all equipment, furnishings, books, and reading materials purchased or procured by the Pearland Library Board with Pearland City funds remain the property of the Pearland Library. Any remodeling, .enlargement, or plans for a new library building must be :coordinated"by the County Librarian working in conjunction with the Branch Librarian and the Pearland Library Board. Provided however, final decisions concerning furnishings or buildings remain the responsibility of the Pearland Library Board. The City of Pearland further agrees to provide and keep in force at all times insurance on the building, furnishings, exhibits and displays. VIII. It is agreed by both parties that all furnishings, decorative items, and equipment given as gifts to the Pearland Library or purchased by the City of Pearland shall become property of the City of Pearland and be maintained by the City of Pearland. (Decorative items include such articles as wall hangings, paintings, and sculpture.) Acceptance of gifts of furnishings, decorative items, or equipment shall be coordinated with the County Librarian working in conjunction with the Branch Librarian and the Pearland Library Board. Provided however, final authority over such gifts remains the responsibility of the Pearland Library Board. Furnishings and equipment given to the Pearland Library by Brazoria County shall remain property of Brazoria County and will be maintained by Brazoria County. All equipment purchased with County funds shall be made equally accessible to all residents of Brazoria County and will be used according to the policy of service of the Brazoria County Library System. Equipment purchased with other funds shall be used according to the policy established by the Pearland Library Board. IX. It is agreed by both parties that alt gifts of money to the Pearland Library shall be administeredin accordance with the financial management policies of the City as determined by the City's Library Board. Such gifts shall be administered as designated by the donor; if no donor designation, such gifts shall be administered by the Pearland Library Board. It is agreed by both parties that acceptance of gifts of books and A-V materials and equipment given to the Pearland Library will be determined by the Librarian on the basis of their suitability to the library's purposes and needs in accordance with the Library System's stated selection policy. Gifts of books, A-V materials, and equipment which meet the above criteria will become property of the Pearland Library with the equipment to be maintained by the Pearland Library Board. These gifts will be designated to the Pearland Library as long as they meet the above criteria. Library materials will circulate according to the use policies of The Brazoria County Library system. On termination of contract, all of said items still housed in the Pearland Library shall be the property of the City of Pearland. The City of Pearland agrees and covenants to establish a City Library Board. One member of the City Library Board shall be appointed by the Brazoria County Commissioners' Court to the Brazoria County Library Board. This member shall act as liaison between the City Library Board and County Library Board. The County Librarian and Librarian of the Peartand Library shall be ex-officio members of the Pearland Library Board. The purpose of the Pearland Library Board will be to advise the County Librarian and Branch Librarian of community needs; act as liaison between the City of Pearland and the County Library; to handle monies given to the Library Board for use in support of the Library; and to recommend building, furnishing, and maintenance needs to the City of Pearland. XI. Once each year the County Librarian of Brazoria County shall submit to the Commissioners' Court of Brazoria County and to the City Council of the City of Pearland, a complete financial status ofthe Brazoria County Library System and all of its operations, and shall submit therewith a proposed budget of anticipated needs for the ensuing year to the County and the adopted County budget to the City of Pearland. Such financial statement shall be based upon the contribution made by the City of Pearland and by the County of Brazoria. The City of Pearland, upon completion of the annual City budget, shal'l submit to the County Librarian a copy of the final budget for the Library. XII. The City of Pearland further covenants and agrees to defend and indemnify Brazoria County against any claims brought or actions filed against Brazoria County with respect to any defects in the structure of the building or related maintenance of the building to be designated for the Pearland Library. Brazoria County agrees to indemnify and save harmless the City of Pearland against any and all claims, liability, demands, damages and costs for or arising out of the use and operation of the building as a Library to be designated for the Pearland Library. XIII. This Contract shall be reviewed every two (2) years from the date of execution thereof by the County Library Board Committee. In the event that notice of intention to terminate has not been given prior to the expiration date given two (2) years from this'date, then said Contract shall continue in full force and effect and be renewable in the same manner every two (2) years thereafter. However, this Contract may be terminated at any time in accordance with Article 1692 of the Revised Texas State Statutes. Dated this 8 day of March , A. D. 1982. CITY OF PEARLAND, TEXAS ATTEST: By: Mayor City Secretary LIBRARY BYBTEM ~ LIBRARY LOCATIONS 4ol E. CEDAR ALVIN ANGLETON, TEXAS ??SLY ANGLETON PH. S49-O591 O~ 849-5711 BRAZORIA CLUTE EXT. 4~1 FREEPORT LAKE JACKSON JOHN A. MOORMAN PEARLAND DIRECTOR SWEENY WEST COLUMBIA BRAZORIA COUNTY AN'6~TON, ,'r ~ XA~ February 25, 1982 Ron Wicker, City Manager Pearland City Hall 2337 N. Texas Avenue Pearland, Texas 77581 Dear Mr. Wicker: Enclosed you will find an original and one copy of the proposed City-County Contract for the provision of public library services as revised after the February 9, 1982 meeting in Angleton. I respectfully request that the contract be placed upon the Pearland City Council agenda for action at your next meeting. If you have further questions concerning the contract or wish me to meet with council on the matter, please let me know. After favorable action by your City Council please have both the original and the copy executed and returned to me. I will then have both executed by the appropriate county officials and return a completed copy of the contract to you. Sincerely, ~a~ Director JAM:gjh Eric. (2) cc: Tom Reid, Mayor