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HomeMy WebLinkAboutLibrary ILA 02-22-06 Olivia Burnside - Library ILA 02-22-06.DOC 1 - 1 - INTERGOVERNMENTAL CONTRACT BETWEEN BRYAN AND COLLEGE STATION This agreement is entered into by and between the City of College Station (hereinafter referred to as “COLLEGE STATION”) and the City of Bryan (hereinafter referred to as ”BRYAN”) and shall be effective on the 1st day of October 2006. RECITALS WHEREAS, BRYAN and COLLEGE STATION are home rule municipalities as defined by the Texas Local Government Code; WHEREAS, home rule cities are authorized to enter into contracts with one another for the performance of any governmental service, activity or undertaking; WHEREAS, by voter approval of a referendum on the 25th day of March, 1995, COLLEGE STATION expanded library services and constructed its own library facility, hereinafter referred to as the Larry J. Ringer Library, within its city limits; WHEREAS, BRYAN has operated a community library since 1903 and has received accreditation by the Texas State Library; and WHEREAS, BRYAN has the expertise to manage a library system that is accredited by the Texas State Library; and WHEREAS, BRYAN and COLLEGE STATION desire to partner together through a mutual agreement to provide a Bryan + College Station Library System: NOW, THEREFORE, in consideration of the promises and mutual agreements contained herein, the entities agree as follows: ARTICLE I. PREMISES 1.01COLLEGE STATION shall lease, own or otherwise provide premises to BRYAN suitable for use as a library. The premises shall, at a minimum, include 15,000 square feet of heated / air conditioned floor space. Said premises shall be located within the City limits of College Station as provided by the terms of this agreement. 1.02In the event that COLLEGE STATION requires the relocation of the library, COLLEGE STATION shall pay the cost of said relocation. 1.03In the event of termination of this agreement, COLLEGE STATION shall pay the 1 Olivia Burnside - Library ILA 02-22-06.DOC 2 - 2 - cost of a final inventory and shall return to BRYAN any BRYAN Library system materials on the premises. 1.04COLLEGE STATION shall be responsible for maintenance, repairs, and expansion of the grounds and the structures on the premises. 1.05BRYAN shall be responsible for the routine janitorial service of the interior of the Larry J. Ringer Library building and any other buildings over which it has control. 1.06BRYAN shall promptly notify COLLEGE STATION in the event any grounds or structural defect or flaw is discovered. ARTICLE II. EMPLOYEES 2.01All employees engaged in such library service, whether working within BRYAN or COLLEGE STATION, shall be considered employees of BRYAN. Such employees shall work under the supervision and direction of the Community Librarian. 2.02Upon the termination of this agreement, BRYAN’s employees in good standing located at the Larry J. Ringer Library may elect to apply for employment with BRYAN, if positions are available. In any event, the said employees may apply for employment as library employees with COLLEGE STATION. Upon transfer of employment to COLLEGE STATION, COLLEGE STATION shall provide to its library employees the same benefits as provided to other COLLEGE STATION employees. COLLEGE STATION shall waive any waiting period for any and all benefits, unless otherwise required by law. . ARTICLE III. BOOKS AND OTHER MATERIALS 3.01All books (hereinafter referred to as materials) and other items of personal property (hereinafter referred to as physical assets) purchased with the designated Larry J. Ringer Library budgeted funds shall belong to and remain the property of COLLEGE STATION. 3.02BRYAN shall exercise the same degree of care in the keeping, preservation, and maintenance of materials and other physical assets as it exercises in the keeping, maintenance, and preservation of its own public library property. 2 Olivia Burnside - Library ILA 02-22-06.DOC 3 - 3 - 3.03The final authority for the selection of library materials rests with the Community Librarian. 3.04The Larry J. Ringer Library will maintain a permanent book stock. ARTICLE IV. PROGRAMS AND OTHER SERVICES 4.01BRYAN shall operate the Bryan + College Station Library System including operation of the Twin City Inter-Library Loan Program, under direction of the BRYAN Division Manager of Library Services, herein referred to as the “Community Librarian”. 4.02BRYAN will house, operate, and maintain the main computer system used by the Bryan + College Station Library System to check in and out items, track book collections, and other collections, etc. BRYAN will perform system back-ups, generate overdue notices and other reports as necessary. Replacement of the main computer system and any other shared information technology may occur only with mutual agreement of both Cities. ARTICLE V. HOURS OF OPERATION 5.01The Larry J. Ringer Library shall maintain opening hours as the parties shall mutually agree upon, subject to appropriations made by the COLLEGE STATION City Council. ARTICLE VI. INSURANCE AND LIABILITY 6.01COLLEGE STATION shall maintain insurance on the premises, including the structures, as well as insurance for personal injury or property damage as it requires for other municipal property. 6.02Hold Harmless. The parties agree to hold each other harmless from and against any and all claims, losses, damages, causes of action, suits and liabilities of every kind, including all expenses of litigation, court costs and attorney’s fees, for injury or death of any person, for damage to any property, or for any breach of contract, arising out of or in connection with the work done under this Agreement, as permitted by law. 3 Olivia Burnside - Library ILA 02-22-06.DOC 4 - 4 - 6.03The insurance benefits provided by BRYAN to the employees retained under the terms of this agreement shall be the same as provided to all other BRYAN employees 6.04BRYAN shall, to the extent permitted by law, indemnify and hold COLLEGE STATION harmless from any liability incurred from the hiring, employment or termination of any employee under this agreement. ARTICLE VII. CONSIDERATION 7.01During the term of this agreement, COLLEGE STATION shall pay BRYAN a sum to be determined by the annual COLLEGE STATION budget for the operation of the Larry J. Ringer Library by BRYAN. 7.02.COLLEGE STATION will incorporate in its annual budget the proposed budget for the operation of the Larry J. Ringer Library. It is understood by the parties that the approval of the budget is a legislative function. ARTICLE VIII. BUDGET th 8.01By April 30 of each year, BRYAN shall submit to COLLEGE STATION an annual budget request, in such reasonable detail as COLLEGE STATION may require. Said budget request shall include all costs necessary to operate the Larry J. Ringer Library in a professional manner, including those expenditures associated with operating the library and maintaining proper staffing levels. Projected expenditures shall be offset by credits as described below in section 8.04 8.02Expenditures shall include a funding allocation to BRYAN as compensation for administering the Bryan + College Station Library System. This funding allocation will represent the indirect costs associated with operation of the Larry J. Ringer Library as computed by BRYAN using the same methodology applied to the computation of indirect costs for all other cost centers in BRYAN. A portion of the indirect costs paid to BRYAN shall be used to purchase Bryan Library materials as provided in §9.02 herein. 4 Olivia Burnside - Library ILA 02-22-06.DOC 5 - 5 - 8.03Total Bryan + College Station Library System revenues will be allocated to each City respectively based upon the ratio of the present number of each City's books to the total number of books in the Bryan + College Station Library System. Restricted gift revenue will be excluded from this calculation. 8.04At the time the budget is submitted, the BRYAN City Manager or his representative shall include a cover letter indicating what amounts, if any, remain unspent or unencumbered from the funds allocated to the Larry J. Ringer Library in the most recently closed fiscal year. Said funds shall be applied as a credit against the next fiscal year’s allocation of funds. COLLEGE STATION's portion of actual revenue from the most recently closed fiscal year shall also be applied as a credit against the next fiscal year's allocation of funds. In the event the contract is terminated, all unspent or unencumbered funds and all remaining revenue allocations shall be promptly remitted to COLLEGE STATION. The computation of the actual amount to be paid by COLLEGE STATION to BRYAN each fiscal year shall be as described in "Exhibit A", which is attached hereto. 8.05BRYAN will be responsible for staffing costs associated with the maintenance and operation of the main computer system. Bryan + College Station Library System shared information technology equipment, software and related maintenance costs shall be paid 50% by BRYAN and 50% by COLLEGE STATION. Information technology equipment specific to each location will be funded by each City respectively. 8.06Funds provided to BRYAN for the operation of the Larry J. Ringer Library shall include funding for janitorial service. 8.07COLLEGE STATION will be responsible for facility and grounds maintenance, repairs, and expansion costs for the Larry J. Ringer Library including costs associated with liability and property damage insurance as stated in Section 6.01. 8.08COLLEGE STATION will be responsible for operation and equipment costs associated with the Twin City Inter-Library Loan Program. 8.09COLLEGE STATION shall maintain an account for restricted gifts. The Community Librarian shall have access to the funds in that account; however, 5 Olivia Burnside - Library ILA 02-22-06.DOC 6 - 6 - any expenditure that exceeds Five Hundred Dollars ($500.00) which is not for library materials, shall be cleared through the COLLEGE STATION City Manager or his representative. 8.10Funds appropriated for the Larry J. Ringer Library shall be applied to the Larry J. Ringer Library operation only, unless otherwise authorized by the COLLEGE STATION City Manager or his representative. 8.11The proposed budget shall be submitted in a format prescribed by BRYAN and approved by COLLEGE STATION. 8.12COLLEGE STATION will advise BRYAN of the approved annual budget promptly upon approval by the COLLEGE STATION City Council. 8.13No budgetary transfer of funds involving capital accounts shall be made without the approval of the COLLEGE STATION City Manager or his representative. ARTICLE IX. MANNER OF PAYMENT 9.01In addition to the consideration paid herein, COLLEGE STATION shall pay to BRYAN the amount of forty thousand dollars ($40,000) to be used by BRYAN for the purchase of Larry J. Ringer Library materials. Such amount shall be paid to BRYAN in four (4) equal payments due on the first day of October, January, April and June of each year. 9.02The first forty thousand dollars ($40,000) of the computed indirect costs paid to BRYAN shall be restricted for the purchase of BRYAN Library materials, and stst shall be paid 50% on October 1 and 50% on December 1 of each year. BRYAN Library materials purchased with these funds will remain the property of BRYAN. 9.03The remaining amount to be paid to BRYAN as calculated by formula, which is attached hereto as "Exhibit A", shall be paid in twelve equal monthly payments on the first day of each month. ARTICLE X. REPORTING AND ACCOUNTING 10.01 BRYAN, within twenty (20) days of the end of the previous month, shall send to the COLLEGE STATION City Manager or his representative a monthly expense 6 Olivia Burnside - Library ILA 02-22-06.DOC 7 - 7 - budget report and account activity report. 10.02BRYAN shall submit a semi-annual report of receipts and expenditures from the COLLEGE STATION restricted gifts accounts. 10.03Promptly after the close of the BRYAN fiscal year, BRYAN shall furnish to COLLEGE STATION, in such reasonable detail as COLLEGE STATION may require, an accounting of the expenditures made and revenues generated hereunder as well as any credits remaining. 10.04The COLLEGE STATION City Manager or his representative shall conduct an annual review of the Larry J. Ringer Library with the Community Librarian in February. The annual review shall include, but is not limited to, Library performance measures, Library goals, Library operation changes, and renewal of this agreement. Performance measures will be reported quarterly to the COLLEGE STATION City Manager or his representative ARTICLE XI. ADVISORY BOARD 11.01A Bryan + College Station Library Advisory Board was established effective January 1, 1998. The Advisory Board is comprised of eight (8) members serving two year terms with each respective City appointing four (4) members. To provide for continuity within the Advisory Board, the term of two (2) board members appointed by each City shall expire annually, leaving two (2) experienced board members appointed by each City on the Advisory Board. 11.02The duties of the Bryan + College Station Library Advisory Board will be to encourage the development of the Bryan + College Station Library System; recommend to the City Councils policies and programs for the advancement of the Bryan + College Station Library System; cooperate with all other public and private groups in advancing the best interest of the Bryan + College Station Library System; and render to the City Councils all recommendations it considers advisable regarding the Bryan + College Station Library System. ARTICLE XII. TERM 12.01This agreement shall renew annually and be effective from October 1st of each 7 Olivia Burnside - Library ILA 02-22-06.DOC 8 - 8 - year until September 30th of each year. 12.02Either party may terminate this agreement by written notice sent not less than six (6) months prior to the annual expiration date. 12.03This agreement is the entire agreement of the parties and may be changed or amended only by written agreement of both parties. CITY OF COLLEGE STATIONCITY OF BRYAN By: ______________________By: ______________________ Ron Silvia, Mayor Ernie Wentrcek, Mayor ____________________________________________ DateDate ATTEST:ATTEST: ___________________________________________________ City SecretaryCity Secretary ____________________________________________ DateDate APPROVED AS TO FORM:APPROVED AS TO FORM: ____________________________________________________ City AttorneyCity Attorney ____________________________________________ DateDate 8 Olivia Burnside - Library ILA 02-22-06.DOC 9 - 9 - Exhibit A P = Amount COLLEGE STATION will pay BRYAN in upcoming fiscal year B =Approved Budget to operate Larry J. Ringer Library in upcoming fiscal year CB =Larry J. Ringer Library books & materials allocation. (payment schedule is defined in section 9.01 of the agreement) I = Estimated Indirect Costs in upcoming fiscal year BB = BRYAN library book and materials allocation (payment schedule is defined in section 9.02 of the agreement) R = Revenues from Bryan + College Station Library System in last closed fiscal year X = percentage of books in the Bryan + College Station Library System belonging to College Station in last closed fiscal year LB = Estimated Budget to operate Larry J. Ringer Library for the last closed fiscal year LE = Actual expenditures to operate the Larry J. Ringer Library in last closed fiscal year P = ((B-CB) + (I-BB)) – ((R * X) + (LB - LE)) Example Computation using FY 2006 budget and applicable credits from FY 2004: P =((B - CB) + (I - BB)) - ((R * x) + (LB - LE)) P = ((801,744 - 40,000) + (63,560 - 40,000)) - ((45,295*.31) + (726,191 - 722,161)) P = (761,744 + 23,560) - (14,041 + 4,030) P = 785,304 - 18,071 P = 767,233 Monthly Payment amount = P/12 = 767,233/12 = 63,936 9