ORDER NO. 29382 LIBRARY CONTRACT Came to be heard this the 19a' day of September 2005, with a motion made by Commissioner Letz, seconded by Commissioner Williams. The Court unanimously approved by vote of 4-0-0 to approve the Library Contract with the changes as discussed to change item number eight to June, and change the wording to read, "The parties agree that the County's minimum contribution for Fiscal Year 2005-2006 shall be $300,000." i I o`t ~-3 ~~ COMMISSIONERS' COURT AGENDA REQUEST ~ 3 J3 a o PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Dave Nicholson OFFICE: Commissioner, Pct. 4~ MEETING DATE: September 19, 2005 TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action on the Library Contract between the City of Kerrville and Kerr County. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Commissioner, Pct. 4 ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. PUBLIC PARTICIPATION FORM FOR KERR COUNTY COMMISSIONERS' COURT Instructions: Fill out all appropriate blanks. Please print or write legibly. Present to the County Clerk prior to the time that the Agenda Item (or Items) you wish to address are discussed. Address: ~ ~,~~~~ G ~,L! (,~'' l~ ~1~ Telephone: ,~~~-' L!7> Z'~ Place of Employment: j f`~ f~ Employment Telephone: Do you represent any particular group or organization? Yes ~ No If you represent a group or organization, please state the name, address and telephone number of such group or organiz{ation. .,~ 7~ ~~V~iA Ii~C ~ ~y~~~~d_`12 ~, ~o t Which agenda Item (or Items) do you wish to address? ~~p In general, are you for or against such Agenda Item (or Items)? For ^ Against /~ `~ J~ yam---' ~'t' Si re NOTE: This Public Participation Form must be presented to the County Clerk prior to the time the agenda item(s) are discussed. Once youu reach the podium, please state your name and who/what you represent clearly for the court reporter to accurately record who you are. LIBRARY AGREEMENT THIS AGREEMENT by and between the City of Kerrville, Texas ("City") and County of Kerr, State of Texas ("County"). WHEREAS, City owns and administers the Butt-Holdsworth Memorial Library ("Library"); and WHEREAS, the Library provides services to all Kerr County residents including those who reside within the City; NOW THEREFORE, for and in consideration of the premises and the mutual benefits, covenants, and promises hereinafter set forth, City and County agree: City assumes the function of a County free library system in accordance with V.T.C.A., Local Government Code, §323.011. 2. Ownership, control and management of the Library and its resources and equipment shall be vested in and remain the sole responsibility of the City. The librarian of the Library shall hold or secure a county librarian's certificate from the Texas State Library and Archives Commission. 4. A Library Advisory Board ("Board") shall be created to provide oversight of Library operations. The composition of the Boazd shall be as follows: a. One (1) Board Member shall be a member of the City Council for the City of Kerrville; b. One (])Board Member shall be a member of the Ken County Commissioners Court; c. Two (2) Board Members shall be residents of Kerr County and shall be appointed by the Commissioners Court; d. Two (2) Board Members shall be residents of the City and shall be appointed by the City Council. e. One (1) Board Members shall be a member of the "Friends of the Library," and shall be appointed by that group. 5. Boazd Members shall be appointed for a term of three (3) years on a staggered basis so that the terms of two (2) Board Members shall terminate in each of yeazs one (I ) and two (2) of a three-year cycle, and the terms of the three (3) remaining Board Members shall terminate in yeaz three (3). No Board Member shall-serve more than two consecutive three-yeaz terms. 6. When a vacancy occurs by means other than the expiration of the term of a Board Member, the entity who originally appointed the Board Member shall appoint a person or persons to be appointed to fill the vacancy for the remainder of the unexpired term and such person shall be made a Board Member. 7. The duties and responsibilities of such Boazd shall be as provided for in the "Library Bylaws" attached hereto as Exhibit A and made a part hereof by reference, and as such bylaws may be amended from time to time by agreement of the Board, with approval by the City Council and the Commissioners Court. Should any conflict azise between the Library Bylaws and this Agreement, this Agreement shall control. 8. On or before June 30 of each yeaz, beginning June 30, 2006, the Library Board shall present a proposed operational expense budget for the next fiscal year to the Kerr County Commissioners Court and the Kerrville City Council. The operational expense budget shall include a forecast of fines and fees to be collected by the Library. Neither capital improvement expenses for the Library nor operating or capital improvement expenses for the History Center or any other ancillary facilities shall be included in the budget. 9. The Parties agree that the County's minimum contribution for fiscal year 2005-2006 shall be $300,000.00. In future years the parties agree that it is the intent of both the City and the County to evenly participate in the proposed net operational expenses as recommended by the Library Boazd, subject to and as approved by both the City Council and the Commissioners Court. The County's portion of the approved budgeted amount shall be paid by the Kerr County Commissioners Court into the City's Library Fund in twelve (12) equal monthly installments on or before the 15~' day of each month during the term of the Agreement, beginning October 15, 2005. 10. In the event that either Party fails to approve the proposed Library budget for any given fiscal year prior to the first day of that fiscal yeaz (October 1), then the Parties agree that the budget for the previous fiscal year just completed shall be deemed approved and shall become the Library budget for the current fiscal year. This failure to agree before October 1 of any given fiscal year shall constitute notice of the Parties' intent to terminate the joint operation of the Library pursuant to pazagraph 11, below. Payment by the County hereunder shall be made only out of current budgeted revenues. 11. This Agreement shall remain in full force and effect for a period of one (1) year beginning October 1, 2005. It shall continue automatically for each successive year unless either party gives notice in writing by July 1st, of any year, that they want to terminate the Agreement at the end of the then cun•ent yeaz. In no event, however, shall this Agreement be renewed for more than five (5) successive years without being reviewed or renegotiated, nor shall the scope of services or budget be changed during any fiscal year unless mutually agreed to in writing between the parties. 12. Default: a. In the event of default by City in the performance of its obligations hereunder, and City fails to cure such default within thirty (30) days after receipt of written notice from County, County, at its option, and without prejudice to any other remedy County 2 may have for City's breach of this Agreement, may terminate this Agreement not earlier than thirty (30) days after delivering written notice of termination to City. b. In the event that County fails to make the monthly payments required hereunder and such failure is not cured within thirty (30) days after receiving written notice from City, City, at its option, and without prejudice to any other remedy City may have for County's breach of this Agreement, may terminate this Agreement not earlier than thirty (30) days after delivering written notice of termination to County. 13. No Assignment: This Agreement shall be binding upon parties hereto: provided, however, that neither the City nor the County shall assign, sublet, or transfer their interest in this Agreement without the prior written consent of the other. 14. Applicable Law: This Agreement has been made in and shall be construed in accordance with the laws of the State of Texas. Venue shall be in Kerr County, Texas. 15. Notice: Notices to City provided herein shall be sufficient if sent by first class mail, postage prepaid to City Manager's Office City of Kerrville 800 Junction Highway Kerrville, Texas 78028 and notices to County, if sent by first class mail, postage prepaid addressed to: County Judge Kerr county Courthouse 700 Main Street Kerrville, Texas 78028 or to such other addresses as the parties may designate to each other in writing. 16. Public Information: This Agreement is subject to the Texas Public Information Act. PROV AND ADOPTED by the City Council for the City of Kerrville on the o77 day of D~ i , 2005, and by the Commissioners Court of Kerr County, State of Texas, on the ~g~day of 5 ~'~I