HomeMy WebLinkAbout11-10-88-26 - Resolution - 11/10/1988 , '-.-/ · '& A RESOLUTION AMENDING THE PERSONNEL POLICY MANUAL TO ·
INCLUDE SECTION A, SUBSECTION VI (L), WITH REGARD TO .:::' ..' /
~ ~ COUNCIL CONTACTS, AND CHANGING SECTION A, SUBSECTION
? .'-' A VII (D), WITH REGARD TO THE CITY GRIEVANCE POLICY. '
~:.. ~.:..:..'Pk WHEREAS, the City Council met on the 10th day of
November, 1988, to consider proposed changes to the
!!:~ determined that it should be amended as follows:
"Subsection VI (L) shall be amended to read:
,- Employees of the City of College Station '
-:: '.~- assigned directly or indirectly to the City --~ (
, '..-?~:'-:'." Manager do not have the need or authority to .:. '
....~.~ discuss matters affecting their employment '
City Council. Employees with problems of
this nature should follow their department's
/ i;:~? established organizational chart, chain of
command, and/or the grievance procedure as ' :-
)~!!.~ established in the personnel manual. Em- ~..:~.
1~ ployees are not prohibited from discussing
%~'~.. matters of public concern. :',
' · Appointed employees are those employees who
'... work directly for the City Council. They . ~.
(~~ ~i are the City Manager, City Secretary, City
, Attorney, Municipal Judge, and Municipal °
~' Subsection VII (D) shall be amended to read as follows: · ....
"-':..~.., A grievance is defined as something that . ...:.~-
~...F-I.;.~"~ causes distress or gives reason to corn- .'~:'~...:....
~/~-'>~ tions and situations which the employee
~'~ ~.~' would file a grievance concerning a working
~':::~:>'~ condition or situation he felt was unfair
/ '~.~. Employees are encouraged to handle all dif- ,:.~
I ~:...~ Division Head then the .I ~ '~'
~r..~?- the employee is still unsatisfied. If the
~:~(~'..'~":"~ ,.~,, decision of the Department Head is not sat-
isfactory, the employee shall within five .:,. T-f-:.
(5) working days of recelvlng a written de- ':.,(' [.(
cision, request from the Personnel Director -. ,,.'.::::~,.-.' \
a hearing before the City Grievance Commit-
tee.
The City Grievance Committee will consist of <':
three (3) staff members selected by the City "'
Manager or his delegate. The grievant, for
good cause, may request substitution of one
of the three chosen committee members. The
decision to substitute any member shall be
at the discretion of the City Manager.
The Grievance Committee shall hold informal .!~
meetings at which all parties shall have the
opportunity to present their case to ascer-
tain the facts surrounding the grievance.
The committee shall make a written report
and render a recommendation to the City Man-
ager within five (5) working days of the
hearing. The City Manager shall review the
recommendations of the Grievance Committee
and provide a final written response to the
grievant. The decision of the City Man-
ager shall be final."
NOW, THEREFORE, BE IT RESOLVED By the City Council of I~ ,?:. -'~,
the City of College Station that the designated changes ":":'"
are approved on this date. .~'~------/..'~.':~::!
RESOLUTION NO. 11-10-88-31
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE IN-
TERLOCAL GOVERNMENTAL AGREEMENT BETWEEM THE CITIES OF
BRYAN AND COLLEGE STATION AND TEXAS A&M UNIVERSITY FOR
A LONGTERM REGIONAL WATER RESOURCES PLAN.
WHEREAS, the Cities of Bryan and College Station and
Texas A&M University are each members of the Texas A&M
University/Bryan/College Station Regional Water Re-
sources Committee; and
WHEREAS, the Cities of Bryan and College Station and
Texas A&M University have agreed to participate in a
study for a long-term regional water resources plan;
and
WHEREAS, the City Council of the City of College Sta-
6~~!!i tlon has determined that it is in the best interest of
the City of College Station to participate in the joint
study;
NOW, THEREFORE, BE IT RESOLVED By the City Council of
the City of College Station that the Mayor is hereby
authorized to execute the Interlocal Governmental
Agreement between the Cities of Bryan and College eta-
ti on and Texas A&M University authorizing the st udy, a
copy of which agreement Is attached hereto.
PASSED and APPROVED this 10th day of November, 1988.
INTERLOCAL GOVERNMENTAL AGREEMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS THAT:
COUNTY OF BRAZOS
WHEREAS, the City of Bryan (CITY) is a Home Rule City duly
organized and existing under the laws of the state of Texas; and
WHEREAS, the City of College Station (CITY)
City duly organized and existing under the laws
Texas; and
is a Home Rule
of the state of
WHEREAS, Texas A&M University is a state
university situated in Brazos County, Texas;and
supported
WHEREAS~ the cities and the university are each members of
the Texas A&M University/Bryan/College Station Regional Water
Resources Committee (COMMITTEE);and
WHEREAS, each city and the university are empowered under
the Texas Interlocal Cooperation Act, Article 4413 (32c)V.T.C.S.
to enter into agreements with other governmental entities for
governmental services and functions; and
WHEREAS, the City Councils of Bryan and College Station find
that it is in the best interest of their citizens for a long-term
regional water resources plan for the area to be accomplished;
NOW THEREFORE,
FOR AND IN CONSIDERATION of the mutual benefits and
covenants contained hereinafter, the undersigned parties agree as
follows:
1. Texas A&M University shall be and is hereby designated
the Agent for both cities for the administration of that certain
agreement between the COMMITTEE and the engineering firm of
Espey, Huston,& Associates, Inc. A copy of the agreement is
attached hereto as Exhibit "A" and is incorporated herein by this
reference for all purposes. Texas A&M University shall
administer the agreement for the study, Exhibit "A".
2. Each CITY shall pay upon the Agent's demand, its share
of the cost of the long-term regional water resources plan, not
to exceed FIFTEEN THOUSAND AND NO/lO0 DOLLARS ($15,000) per CITY.
The total cost for the study and the pro-rata amount due to the
Agent from each entity is as follows:
The City of Bryan ............... $15,000
The City of College Station ..... 15,000
Texas A&M University ............ 15,000
$45,000 Total
3. Each of the undersigned shall be entitled to a full and
complete copy of the completed study and its report.
4. Each CITY and the Agent agree to hold the other harmless
and indemnify it against any claims or causes of action of any
third party which may arise out of the actions or omissions of
their respective agents) officers) or employees in the
fulfillment of that party's portion of this agreement. Such
claims or causes of action shall be the sole responsibility of
the party incurring the same. No CITY shall be responsible for
any costs exceeding the total sum of its pro-rata share as set
forth in 2. above.
5. Unless expressly extended in writing) this agreement
shall terminate upon the later to occur of the final payment to
the Agent or the delivery to the cities of a completed study
report.
DATED:
TO EVIDENCE OUR AGREEMENT WITNESS OUR SIGNATURES:
CITY OF COLLEGE STATION
~ttest:
City S~tary
Approved as to Form:
City Attorney
CITY OF BRYAN
MarVki~q Tare) Mayor
Attest:
City Secretary
Approved as to Form:
City Attorney
Approved as to Substance:
Ron Ragland, City Manager
as ~ubstance:
Ernest R. Clark
City Manager
TEXAS A&M UNIVERSITY
Willia~ Mobleg)' ~resi
Attest:
Secretary
CWIIR/~CI fUR ENUIUEER 5F. RVlCES
/~ RF. GIUIi/~L W/~IER PLfiIIIIIHG SIUU¥
IEX/~$ /V,!! UNIVERSII¥/gR¥/~U/CULLE(~E SIAl
REI]IUH^L 14/~II?R RESUURCES CUXXI1IEE
IIIIS AGllEEr. IEIII .md. thl.~ day of September, 19811, by a.d I)el:weerl the lexas
U. lvers I ty/Brya./Col leg. Stat I~iTe.qlo.al Water Resources Co,,,Ittee, herel.arter
called the "CUI-IHIIIEE" and ESPEY, IIUSIUII & ASSUCIAIE5, INC., AUSllll, 1EXAS hereinafter
called the "EHGIHE£1I";
YlIIIESSEIII, that ~h.fras the CUIIIIlIIEE I.~e.ds to have certain phases or a
proposal for n Lo.~-term R~glo.al ~ater Resources Pla. for the Brazos River Valley,
lexas prepared fur the Mr~a./C.11ege Statlo. Chamber of Commerce, by Espe~, Ilu~ton ~
Associates, lftc. a.d R.N. Ilard~tt ~ ~ssoclates, Inc. duly 1986 ami a,mnded b~ letter
dated dmte is 198B fro.t ~slmy Iltl~tO. & h~soclate~, lflc. Lo Xr. t~rth flardell, Regional
HaLer Co,~,lttee; ami each d~cume.t Is her~l,y made a part of this Co.trace for
Engineering Services. llu~ever, tills documen~ ~111 ~vern In case of conill, ct;
HU~4, IIIEREFURE, the CUI1HIlIEF. affd tile EIIGIIIEER, for tile co.slderations
herel.ar~er ~lamecl, ~yrf, e n.~ follo~.~:
the CUI.If41IIEE aylees lo pay the EIIGIIIEER, provide cer~alfr servlces~ furrfish
I.fo~matlo. a.d do other thl.gs ~equIred or the CUHHIIIEE as set forth
herein:
Pay tile F. III;IIIEER uI,On ~ecelpt of payme.t ~eq. ests which will not be
.~ul.,Itted ,,rre orte~ fha. ,to.thly. lea perce~ft will be withheld from
ear. h pa},me.t tmtll completlotl affd alq.'oval of the Study by Lite
CUHUIIIEE at which th, e the t'emallflng bala.ce of tile fee will be paid.
I) o
rm'.l~h tho EUGIIIEEI! available maps, records ami docut, etfts pert l~m.t te
Lite I" o Jeer.
life EUGINEEIt n~Jlr, r.s tn pelform professloflal services for the above named
work Ill accorda.ce ami ~111:
/TI. La.ri ftpr. r,~nl y cf)ufereftcPs ~ recold notes, arid itt-,par e arid {listf'il)ffl. e
cml [ el-elite, iitpm[Jran(la.
Ilave a.~soclated Hlth hh, experlellced pftglfteers arid constJItants,
acc.ptable to the CUIIHIlIEE~ for I.'eparatlo. or all work.
I'fovldp flvn (5) C.l, le.~ of Lite dra[t of Lite study for' review and
approval af.I provide twa.fy (2U) capias of the cot,plated study.
de
Ce.till-La thr, df alt rPI,oft Hlthl. three' (3) moltths after ftotice to
Itroceed.
EXHIBIT "A"
TO
INTERLOCAL GOVERNMENTAL AGREEMENT
$. SCOPE OF WORK:
The Scope of this Regional Water Planning Study includes:
(al Phase I--Water Demand Study.
(bi Phase II--Groundwater Supply Study.
lc) TDWB Planning Grant Application.
All as set forth in the "Proposal" contained in the documents cited
above.
4. CONTRACT AMOUNT:
The amount of this contract is Forty Five Thousand Dollars ($45,000.00).
5. ADDITIONAL WORK:
Additional work will be authorized, if required, only through a written
scope of work with time of performance and a negotiated fee all clearly
stated and signed by tile Chairman of the Texas A&M University/Bryan/
College Station Regional Water Resources Committee.
6. TERMINATION OF AGREEMENT:
This AGREEMENt may be terminated by either party upon seven (7) day's
written notice, should the other party fail to perform substantially, in
accordance with its terms, through no fault of the other. In the event
of termination, the ENGINEER shall be paid his compensation for services
performed to termination date; however, payment shall not exceed the
stipulated fee for tile scheduled phase in which the contract is
terminated.
7. SUCCESSORS AND ASSIGNMENT:
The COMMITTEE and the ENGINEER each binds Itself/himself, their partners,
successors, executors, administrators, and assigns to the other party of
this agreement and to the partners, successors, executors,
administrators, and assigns of such other party in respect to all
covenants of this agreement. Neither the COMMITTEE nor the ENGINEER
shall assign, sublet or transfer its/his interest in this agreement
without written consent of the other.
The COMMITTEE and the ENGINEER I~ereby agree to the full performance of the
covenants contained herein.
IN WITNESS WHEREOF the parties hereto have executed this agreement, the day and
year first above written.
TEXAS A&M UNIVERSITY/
BRYAN/COLLEGE STATION
REGIONAL WATER RESOURCE COHMITTEE
(TltE COMMITTEE)
ESPEY, IIUSTON & ASSOCIATES, INC.
AUSTIN, TEXAS
(THE ENGINEER)
BY
Chairman
BY
EXHIBIT "A"
TO
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