R-2012-082-2012-06-11 RESOLUTION NO. R2012-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A LIBRARY SERVICES AGREEMENT WITH BRAZORIA
COUNTY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Library Service 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 a Library Service Agreement with Brazoria County.
PASSED, APPROVED and ADOPTED this the 11th day of June, A.D., 2012.
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TOM REID
MAYOR
ATTEST:
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Y SE ETARY
APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
EXHIBIT "A"
Resolution No. 2012-82
PUBLIC LIBRARY SERVICES CONTRACT
BETWEEN THE CITY OF PEARLAND, TEXAS AND
BRAZORIA COUNTY,TEXAS
To provide public library services to its citizens, the CITY OF PEARLAND,
TEXAS ("City") acting through its mayor as authorized by its City Council and
BRAZORIA COUNTY, TEXAS ("County") acting through its County Judge pursuant to
an order of its Commissioners Court agree to establish a branch library of the County on
the west side of the City pursuant to Sect. 323.008 of the Texas Local Government Code.
The City and County have, for the mutual covenants and considerations contained herein,
agreed to the following definitions, terms and conditions:
I. DEFINITIONS
1. COMMISSIONERS mean the Commissioners Court of Brazoria County, Texas.
2. COUNTY LIBRARIAN means a person who is qualified to act as a County
Librarian pursuant to Local Government Code Sect. 323.005(b) and has been
employed as such by the Commissioners. The County Librarian shall carry out
such policies and procedures as the Commissioners determine to be appropriate
for public library services.
3. FURNISHINGS means those goods necessary for the operation of the library, the
selection of which have been made in consultation with the County Librarian,
Branch Librarian, and the city council or its designee including but not limited to
the following items:
a) desks, tables, and chairs for staff use and reading area use;
b) chairs and tables for common meeting areas and rooms;
c) tables, stands, and counter to allow use of atlases,
dictionaries, computers, index tables and card catalogs;
d) counters to facilitate the circulation of library materials to
the public;
e) display racks;
f) outside book drop; and
g) waste baskets.
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4. LIBRARY means the Brazoria County Library System branch library located on
the west side of Pearland, Texas.
5. LIBRARY MATERIALS means books, periodicals, audio-visual equipment,
computer software and hardware, Internet access and equipment necessary to
facilitate the circulation to the public of these items.
6. PERSONNEL means all employees engaged in public library service. They are
employees of the County and not of the City and shall work exclusively under the
direction and direction of the County Librarian. They are subject to employment,
removal, and all rights and benefits in the same manner as other County
employees.
II. COUNTY OBLIGATIONS
1. The County shall make free library service available to all of the City's citizens.
2. The County shall make available all of the County's library materials to residents of
the City and of the County.
3. The County will accept the City library into the County Library System.
4. The County will provide personnel to operate the library and necessary supplies for
such personnel and for the operation of the library subject to the approval of the
Commissioners.
5. The County will provide overall management of the library through the County
Librarian as set out below.
6. The County will provide library materials as needed for the library subject to the
provision of an initial collection as set out in Section III-4.below and subject to the
approval of the Commissioners.
7. The County may, subject to the approval of the Commissioners, provide furnishings,
maintenance and utilities for the library from time to time. Such provision shall not
waive the County's right to require the City to provide such items as set out in
provision III-4. Any furnishings provided by the County shall remain the property of
the County.
8. The County will provide computers and related data lines for use at the library.
III. CITY'S OBLIGATIONS
1. The City shall make available all its library materials to County residents. The City
will fund the acquisition of a beginning collection by providing $320,000 in funding.
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The City shall utilize the Library's current book bid in determining the unit price of
the books. In the event City terminates this agreement within ten years of its approval
by both City and County those books purchased through the City's initial funding
shall be placed with the City for its use. The library shall track these particular books
with its Integrated Library System program to determine which of the initially funded
books are still in the collection and are to be placed with the City at the time of any
termination by the City..
2. The City agrees to place its library into the County Library System.
3. The City agrees to name the building housing the library the Pearland Westside
Library and place the words "Branch of the Brazoria County Library System" on the
library building or on a sign near the library building.
4. The City shall provide a building or buildings, necessary renovations, furnishings,
including shelving and related items, maintenance and utilities for the library subject
to the approval of the City council. Unless otherwise set out, such property shall
remain the property of the City. The building shall encompass 6,000 square feet of
which 1000 square feet shall be dedicated to meeting areas as determined by the
Library Director.
5. Any computers, supporting equipment, software, or networking devices purchased or
accepted by the City for use in the library shall comply with specifications issued by
the County's Information Services Department. The City will be responsible for
maintenance on any such equipment unless it is accepted by the County, at which
time the County becomes responsible for such maintenance.
6. The City shall provide to the County Librarian, upon its Council's adoption of the
annual budget, a copy of the final budget for the library.
7. The City shall maintain insurance in an amount sufficient to replace the library
building and its contents. The City shall also maintain additional insurance coverage
for exhibits and displays temporarily placed in the library. The City shall name the
County as an additional insured for contents coverage. The City shall at all times
provide proof of insurance to the County.
8. The City shall provide telephones and related equipment and telephone service for use
at the library.
IV. LIBRARY MANAGEMENT
1. County Librarian's general authority: Subject to the Commissioners general rules
and periodic consultations between them and the County Librarian, the County
Librarian shall make all decisions on the following aspects of library
management:
a) determining the number of employees required to operate the
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library;
b) hiring and dismissing employees working at the library;
c) distributing books, other printed matters, and other educational
materials in a manner commensurate with such distribution to all
other areas of Brazoria County;
d) developing all rules for the operation of the library; and
e) operating the library in accordance with accepted rules of library
management.
2. County Librarian's specific authority: the County Librarian shall, subject to the
oversight of the Commissioners, be responsible for the following matters:
a) The County Librarian or its designee shall be solely responsible for
the selection of materials offered in the library;
b) The County Librarian or its designee shall establish policies
governing the scheduling and use of meeting rooms and common
areas of the library;
c) In the event that the City proposes to make structural or decorative
changes to the library building or store or present certain items in a
manner which would, in the County Librarian's opinion, interfere
with normal and reasonable use of the library by the public the
County Librarian may modify or reject such proposals;
d) The County Librarian or its designee shall establish a retention
policy for all materials offered in the library for public use and
shall be solely responsible for determining when an item, where
donated through or from the City or not, shall be withdrawn from
circulation or discarded pursuant to County procedures.
3. Duty to Report: The County Librarian shall submit each year a report of the
financial status of the County Library System to the Commissioners and the City
Council. The County Librarian shall submit on or before December 31 of each
year an annual report of the financial status of the County Library System to the
Commissioners and the City's council. It shall include a report on the condition
and operation of the system, financial and book statistics as customarily kept by
libraries and reflect the contributions made by the County and the City. The
County Librarian shall also present a proposed budget of anticipated needs to the
County and the ensuing adopted budget to the City.
V. GIFTS AND FUND RAISING
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1. All tangible property given to and accepted by the City for use in the library shall
become property of and be maintained by the City. The City shall receive input from
the County Librarian, Branch Librarian, and the City's Library Board as to the
advisability of accepting such gift or gifts.
2. All tangible property given to and accepted by the Commissioners for use in the
library shall become property of and be maintained by the County. All such accepted
gifts shall be administered as designated by the donor.
3. The County Librarian shall make the final determination on the acceptance of donated
library materials based on their suitability to the library's purpose and needs. The
display of any gifts at the library will be determined by the County Librarian.
4. Gifts of money to the library shall be deposited into a special account dedicated to
this library which is maintained by the County. The acceptance of any items
purchased with such funds shall be determined by the provisions of Paragraph V,
Sections 1 and 3.
VI. CITY LIBRARY BOARD
The existing Library Board for the City of Pearland shall serve the new Westside
Pearland Library.
VII. INDEMNITY
1. To the extent authorized by law, City shall defend County against any claims brought
or actions filed against County with respect to the maintenance and furnishings of the
library building.
2. To the extent authorized by law, County shall defend and indemnify City against any
and all claims brought or actions filed against the City arising out of the use and
operation of the library building.
VIII. TERMS OF AGREEMENT
1. This agreement begins October 1, 2012 and shall be reviewed by the Commissioners
or their designee two years from that date.
2. The City may withdraw from this agreement after two years participation in the
County Library System if it gives six months' notice pursuant to Sect. 323.008(c) of
the Texas Local Government Code. The County may withdraw from this agreement
if it gives six- (6) months' notice to the City.
3. If notice to terminate has not been given prior to two years from the date this
agreement began then the agreement shall continue in full force and effect and be
renewable in the same manner every two years thereafter.
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4. At termination, City will take possession of all furnishings accepted by the City for
use in the library except for those items subsequently accepted by the County and
maintained by the County. The County will take possession of all of library materials
and furnishings provided to or accepted by the County for use in the library.
EXECUTED in the manner and on the dates as set out below:
CITY OF PEA ' •4 D BRAZORIA COUNTY
By: / By: < 5Z2Z,,12.
Title: City Manager Title: C t, n. t7u e
Date: June 11, 2012 Date: 7 - .2. — I 1 —
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