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R2011-110 - 2011-09-26RESOLUTION NO. R2011-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN EXTENSION OF PUBLIC LIBRARY SERVICES AGREEMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Extension of Public Library Services Agreement by and between the City of Pearland and Brazoria County, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest an Extension of Public Library Services Agreement with Brazoria County. PASSED, APPROVED and ADOPTED this the 26th day of September, A.D., 2011. ATTEST: RPM L, SE ('ETARY TOM REID MAYOR APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY EXTENSION OF PUBLIC LIBRARY SERVICES AGREEMENT On April 26, 2010, the City of Pearland ("City") and Brazoria County ("County") entered into an agreement ("original agreement") providing a substation to the Pearland Branch of the Brazoria County Library System. A copy of that agreement is attached hereto as Exhibit "A" and is incorporated by reference as a part of this extension agreement. The City and the County wish to extend the agreement on the same terms and conditions as set out in the original agreement with a new term providing for an additional employee to be paid by the County to serve at the substation. This extension shall commence on October 1, 2011 and shall end on September 30, 2012. All terms set out in the original agreement are approved and ratified by the City and County. County further agrees to provide a full time clerk to work a maximum of forty hours weekly. The County also agrees to pay any cost of living adjustment for those positions set out in the original agreement to match that authorized by the Commissioners Court to County employees generally. This extension agreement and the terms and conditions it ratifies and adds may be renewed according to such conditions as may be agreed upon by City and County. Effective this a lei'' day of September, 2011. Approved: Tom Reid, Mayor, City of Pearland E. J. King, Brazor a 2bunty Judge PUBLIC LIBRARY SERVICES AGREEMENT In order to supplement the library services set. out in the Public Library Services contract dated April 26 ("Contract"), between the City of Pearland ("City") and Brazoria County ("County"), City and County have agreed to cooperate in providing a substation to the Pearland Branch of the Brazoria County Library System pursuant to Texas Local Government Code §323,008 for the mutual covenants and considerations herein set out: 1. GENERAL PURPOSE County and City wish to expand certain library services to the citizens of the western portions of City and its extraterritorial jurisdiction by providing a facility at which patrons can pick up library materials previously requested by Internet or at the Facility and return same. To this end, the parties have agreed to cooperate in providing such a facility at the City's West Side Event Center located at 2150 Countryplace Parkway, Pearland, Texas ("Facility"), II, COUNTY OBLIGATIONS A. The County shall provide a part time (a minimum of twelve hours per week) driver to deliver and return library materials circulated through the Facility. The County shall also provide a part time (a minimum of twenty hours per week) clerk to process the receipt and delivery of library materials at the Facility at the following times: Monday and Wednesday 3:00 PM until 8:00 PM Friday and Saturday 10:00 AM until 3:00 PM B. Within thirty (30) days following the execution of this Agreement by both parties, the County shall provide, maintain and operate the following equipment to accomplish the purpose of this Agreement • Computer(s) with receipt printers; and • Computer with laser barcode scanner; and O Book cart(s), required book shelving, desk and chair, telephone receiver, PAC stand, delivery tubs, cash box and supply storage cabinet; and • Book drop; and e Tabletop pamphlet display C. County shall provide City with quarterly reports detailing the usage and circulation of books at the f=acility. D. The County Librarian and the City Manager, or his designee, shall be the designated contacts for purposes of monitoring performance of this Agreement. 111, CITY OBLIGATIONS The City shall provide the following facilities and personnel costs: • A 10 by 10 foot room or space in the Westside. Event Center and appropriate janitorial services for the area; and G Appropriate signage for the Facility; and a City shall reimburse County for personnel costs, not to exceed $38,000 annually, within 30 days following the City's receipt of a monthly invoice from County itemizing the personnel costs for the preceding month. Personnel costs shall be those costs Identified in Section 11, A of this Agreement (20 hour part-time clerk and 12 hour parttime driver) as more specifically described in Exhibit ;'A" attached hereto. IV. GENERAL AUTHORITY The parties agree that the terms of the Contract shall apply to the pick-up/return substation Facility as are appropriate for the limited services provided. The County's library management authority as set out in the Contract shall remain in effect for this facility. V. TERM This agreement shall be for a term beginning May 1, 2010 and ending September 30, 2011, The term may be renewed according to such conditions as may be agreed upon by City and County. Vi. NIISCEU..ANEOUS A. City and County recognize and agree that nothing herein shall be construed to create any rights in third parties. Peariand Westside Center Pick up/drop off computers w/receipt printers 1 $ 1,030.00 $ 1,630.00 computer w/laser printer 1 $ 1,900.00 $ 1,900.00 barcode scanner 1 $ 125.00 $ 125,00 book cart r 1 $ 500.00 $ 500.00 shelving' from Brazoria desk / from admin desk chair / 1 $ 150.00 $ 160,00 telephone' 1 $ 25.00 $ 25.00 PAC stand i 1 $ 500.00 $ 500.00 delivefy tubs -' 25 $ 6.00 $ 160.60 book drop 1 $ 8,000.00 $ 8,000.00 cash box...- 1 $ 26.00 $ 25.00 supply storage cabinet r 1 $ 200.00 $ 200.00 tabletop pamphlet display 1 $ 30.00 $ 30,00 26% contingency fund $ 3,309,00 $ 3,309,00 $ 16,544.00 20 lir pt clerk 12 hr pt driver 1 $ 21,262.00 $ 21,252.00 1 $15,897.00 $16,897.00 $ 5.3,703,00 :.(.7t? ',L: _11,13;;. B. The Parties expressly agree that no party shall have the right to seek indemnification or contribution from any other party hereto for any losses, costs, expenses, or damages directly or indirectly arising, in whole or part from this Agreement. C. Whenever possible, each provision of this Agreement shall be interpreted in such a .manner as to be effective and valid under applicable law, but if any section, subsection, paragraph, sentence, clause, phrase, work or portion of this Agreement is, for any reason, held invalid unconstitutional or otherwise unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. D. The Rights and obligations of this Agreement shall not be assigned without prior written consent of City and County. E. This Agreement and all obligations created hereunder shall be performable in Brazorla County, Texas. F. This Agreement shall be construed and enforced in accordance with and governed by the laws of the State of Texas, G. This Agreement shall be binding upon and inure to the benefit of the parties and their administrators, agents, employees, successors and assigns permitted by this Agreement. H. City and County recognize and agree that County, in performance of this Agreement, shall act as an independent contractors and shall have control of its own work and the manner in which it is performed and all employees of County shall remain County employees and shall not be considered agents, employees or borrowed servants of City. VII EFFECTIVE DATE The effective date of this agreement shall be A�� 2010. APPROVAL . Y EAot TOMEI AYtDR , CITY OF PEARLAND • E. G BRA2O OUI�dTY JUDGE MARY ALDOUS �oFr JIM WIGINTON First Assistant Chief-Civil Division TRAVIS TOWNSEND * I) JOHN BLANKENSHIP Chief—Criminal Division \ � Chief Investigator N"`•of 8- JERI YENNE CRIMINAL DISTRICT ATTORNEY BRAZORIA COUNTY • sEP 2/2 VI September 20, 2011 ary IMO Mr. Darrin M. Coker City of Pearland 3519 Liberty Drive Pearland, Texas 77581-5416 Dear Mr. Coker: Enclosed please find two original copies of the Extension of Public Library Services Agreement between the City of Pearland and Brazoria County. Judge King has signed the agreement for Brazoria County. After you have executed the agreement for the City of Pearland, please return one original to our office for Brazoria County's records. If you have any questions please feel free to contact our office. Sincerely, - (�ar1'vYtA, Roxanne Nelson Enclosure COUNTY COURTHOUSE, 111 E.LOCUST,SUITE 408A,ANGLETON,TEXAS 77515 Angleton Area Brazosport Area Houston Area Fax-Criminal Division Fax-Civil Division Fax-CPS Division (979)864-1233 (979)388-1233 (281)756-1233 (979)864-1525 (979)864-1712 (979)-849-8914