HomeMy WebLinkAbout06-26-86-12 - Resolution - 06/26/1986 RESOLUTION -~2
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A LIBRARY
MANAGEMENT CONTRACT WITH THE CITY OF BRYAN, TEXAS.
WHEREAS, the City Council of the City of College Station,
Texas has considered the feasibility of providing
municipal library facilities to meet the needs of
the growing population of the city; and,
WHEREAS, the City Council acted on November 8, 1984, to
determine criteria and local support for such a
library, by appointing an ad hoc Library Committee
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NOW, THEREFORE· BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEGE STATION· TEXAS,
That the need for the establishment of a branch library
having been determined, and a site for the library having
been selected, the implementation of this project should be
pursued without delay, and that the Mayor is hereby
authorized to execute on behalf of the City of College
Station an agreement with the City of Bryan, Texas, whereby
Bryan will operate a branch library in College Station,
Texas, according to the terms and conditions set forth in
said Agreement.
PASSED AND APPROVED ON THIS THE 26thOF June
APPROVED:
· 1986.
ATTEST:
C~ty Secre~z~
005760
INTERGOVERNMENTAL CONTRACT
BETWEEN BRYAN AND COLLEGE STATION
FOR LIBRARY CREATION~ MANAGEMENT & USE
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 July, 1986.
RECITALS
WHEREAS, BRYAN and COLLEGE STATION are home rule
municipalities as defined by Article 1165, Texas Revised Civil
Statutes;
WHEREAS, home rule cities are authorized to enter
contracts with one another for the performance of any
governmental service, activity or undertaking;
WHEREAS, by voter approval of a referendum on the 6th day
of April, 1985, COLLEGE STATION has decided to create a library
within the city limits;
WHEREAS, BRYAN has operated a library since 1903 and has
received accreditation by the State of Texas; and
WHEREAS, BRYAN has the expertise to start and manage a
library that will ultimately allow COLLEGE STATION to apply for
State accreditation;
NOW, THEREFORE, in consideration of the promises and
mutual agreements contained herein, the entities agree as
follows:
ARTICLE I. CONSIDERATION
1.01 During the term of this agreement College Station shall
pay Bryan a sum to be determined by the annual College
Station budget for the creation and operation of a branch
library by Bryan, said library shall be located within
the City limits of the City of College Station as
provided by the terms of this agreement.
1.02
COLLEGE STATION will put in its annual budget the
proposed budget for the operation of the College Station
branch library. It is understood by the parties that the
approval of the budget is a legislative function.
: .: oo576
2.01
ARTICLE II. BUDGET
BRYAN shall submit to COLLEGE STATION an annual budget by
March 30th of each year. Said budget shall include a
breakdown of funds according to projected COLLEGE STATION
branch library expenses, including a fundinq allocation
to Bryan based upon the indirect cost computation table,
which is attached hereto as Exhibit "A", and revenues,
which revenue shall be based upon the ratio of the
present number of College Station books to the total
number of books in the Bryan Library system. At the time
the budget is submitted, the BRYAN City Manager shall
also include a cover letter indicating what amounts, if
any, remain unspent or unencumbered from the funds
allocated to the COLLEGE STATION branch library in the
previous year. Said funds shall be applied as a credit
against the next fiscal year allocation of funds. In the
event that the contract is terminated, said funds shall
be promptly remitted to the CITY OF COLLEGE STATION.
2.02
The proposed budget shall be submitted in a format
prescribed by BRYAN and approved by COLLEGE STATION.
3.01
ARTICLE III. MANNER OF PAYMENT
Payment shall be made by COLLEGE STATION on a monthly
basis with the exclusion of book capital.
4.01
ARTICLE IV. TERM
This agreement shall be for a term of five year. COLLEGE
STATION shall have the option to renew this agreement for
an additional five (5) years subject to approval of the
BRYAN City Council. COLLEGE STATION shall send notice of
the exercise of its option in writing to the City Manager
of BRYAN not less than six (6) months before the date of
termination of this agreement.
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.. 005762
5.01
ARTICLE V. PREMISES
COLLEGE STATION shall lease, own or otherwise provide
premises to BRYAN suitable for use as a library. The
premises shall, at a minimum, include 3,000 square feet
of heated/air-conditioned floor space.
5.02
In the event that COLLEGE STATION requires the relocation
of the library, COLLEGE STATION shall pay the cost of
said relocation. In the event of termination of this
agreement, COLLEGE STATION shall pay the cost of a final
inventory and removal of any Bryan Library system books
from the premises.
5.03
COLLEGE STATION shall be responsible for maintenance of
the grounds and the structures on the premises.
5.04
BRYAN shall be responsible for the routine janitorial
maintenance of the interior of the library building and
any other buildings over which it has control.
5.05
BRYAN shall promptly notify COLLEGE STATION in the event
of any grounds or structural defect or flaw.
5.06
6.01
Upon the notification by COLLEGE STATION that the
premises, as set out in section 5.01 above have been
secured, BRYAN shall open and operate the branch library
within one hundred and twenty (120) days.
ARTICLE VI. BOOKS AND OTHER MATERIALS
Ail books, (hereinafter referred to as materials) and
other items of personal property, (hereinafter referred
to as physical assets) purchased with the designated
budgetary funds shall belong to and remain the property
of COLLEGE STATION.
6.02
BRYAN shall exercise the same degree of care in the
keeping, preservation, and maintenance of books and other
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005763
items of personal property as it exercises in the
keeping, maintenance, and preservation of its own public
library property.
6.03
The final authority for the selection of library
materials rests with the City Librarian of the CIT~ 'OF
BRYAN.
6.04
The branch library will maintain a permanent book stock.
While a permanent collection of books is being developed,
BRYAN will provide a temporary on-site collection,
representative of the needs of a non-university student
population.
7.01
ARTICLE VII. EMPLOYEES
Ail employees engaged in such library service, whether
working within the CITY OF BRYAN or the CITY OF COLLEGE
STATION, shall be considered employees of the CITY OF
BRYAN. Such employees shall work under the supervision
and direction of the City Librarian of the City of Bryan.
7.02
Upon the termination of this agreement, BRYAN's employees
located at the branch library may elect to stay with the
CITY OF BRYAN as employees if positions are available.
In any event the said employees shall be entitled to
employment with the CITY OF COLLEGE STATION for a period
of not less than six (6) months. Upon transfer of
employment to the CITY OF COLLEGE STATION, the CITY OF
COLLEGE STATION shall provide commensurate benefits to
the branch library employees.
8.01
ARTICLE VIII. HOURS OF OPERATION
The COLLEGE STATION branch library shall maintain opening
hours as the parties shall mutually agree upon, subject
to budgetary allocations.
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005764
9.01
9.02
9.03
ARTICLE IX. REPORTING AND ACCOUNTING
BRYAN, at the end of each month, shall send to the
COLLEGE STATION City Manager a monthly budget and expense
report.
Promptly after the close of the BRYAN fiscal year, B~YAN
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. Revenues will be
determined by calculating the ratio of the present number
of COLLEGE STATION books to the total number of books in
the Bryan library system.
COLLEGE STATION shall set up an account for restricted
gifts. The librarian of the CITY OF BRYAN shall have
access to the funds in that account; however, any
expenditure that exceeds Five Hundred Dollars ($500.00)
and is not for books, shall be cleared through the City
Manager. BRYAN shall submit a semiannual report of
receipts and expenditures from the restricted gifts
account.
9.04
9.05
No budgetary transfer of funds involving the capital
account shall be made without the approval of the COLLEGE
STATION City Manager.
This agreement is the entire agreement of the parties and
may be changed or amended only by written agreement of
both parties.
ARTICLE X. INSURANCE AND LIABILITY
10.01 COLLEGE 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. BRYAN shall provide insurance
benefits to the employees retained under the terms of
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005765
this agreement. COLLEGE STATION shall hold harmless
BRYAN from any liability as a result of any damage or
injury caused by reason of some defect of the premises.
BRYAN shall indemnify and hold the CITY OF COLLEGE
STATION harmless from any liability incurred from the
hiring, employment or termination of any employee ~nder
this agreement.
ATTEST:
~ity Sec
ATTEST
City Seq~etar¥
APPROVED AS TO FORM:
City Attorney
CITY OF COLLEGE STATION
BY:~or
CITY OF BRYAN
Marvin Tare, Mayor
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00576
EXHIBIT "A"
INDIRECT COST COMPUTATION TABLE
(1)-CJD Project Cos~ (Round to nearest amount on schedule)
(2).Maximum Indirect Cost Allowable- CJ Funding
(1) (2) (1) (2) (1) (2)
$ $ $ $ $ $
1,000 50 31,000 1,285 61,000 2,252
2,000 100 32,000 1,320 62,000 2,280
3,000 150 33,000 1,355 63,000 2,307
4,000 200 34,000 1,390 64,000 2,335
5,000 250 35,000 1,425 65,000 2,362
6,000 295 36,000 1,460 66,000 2,390
7,000 340 37,000 1,495 6?,000 2,417
8,000 385 38,000 1,530 68,000 2,445
9,000 430 39,000 1,565 69,000 2,472
10,000 475 40,000 1,600 70,000 2,500
11,000 505 41,000 1,632 71,000 2,525
12,000 555 42,000 1,665 72,000 2,550
13,000 595 43,000 1,697 ?3,000 2,575
14,000 635 44,000 1,730 74,000 2,600
15,000 675 45,000 1,762 75,000 2,625
16,000 715 46,000 1,795 76,000 2,650
17,000 755 47,000 1,827 77,000 2,675
18,000 795 48,000 1,860 78,000 2,700
19,000 835 49,000 1,892 79,000 2,725
20,000 875 50,000 1,925 80,000 2,750
21,000 912 51,000 1,955 81,000 2,772
22,000 950 52,000 1,985 82,000 2,795
23,000 987 53,000 2,015 83,000 2,817
24,000 1,025 54,000 2,045 84,000 2,840
25,000 1,062 55,000 2,075 85,000 2,862
26,000 1,100 56,000 2,105 86,000 2,885
27,000 1,137 57,000 2,135 87,000 2,907
28,000 1,175 58,000 2,165 88,000 2,930
29,000 1,212 59,000 2,195 89,000 2,952
30,000 1,250 60,000 2,225 90,000 2,975
(1)
$
91,000
92,000
93,000
94,000
95,000
96,000
97,000
98,000
99,000
100,000
110,000
~120,000
130,000
140,000
150,000
160,000
170,000
180,000
190,000
200,000
210,000
220,000
230,000
240,000
250,000
260,000
270,000
280,000
290,000
300,000
(2)
$
2,995
3,015
3,035
3,055
3,075
3,095
3,115
3,135
3,155
3,175
3,350
3,525
3,~75
3,825
3,950
4,075
4,175
4,275
4,350
4,425
4,475
4,525
4,575
4,625
4,675
4,725
4,775
4,825
4,875
4,925
(Above 300.000 = 4,925 + .50% of excess above 300,000)
005767