09-091 - R TOWN OF PROSPER,TEXAS RESOLUTION NO. 09-091
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER,TEXAS,TO EXECUTE A INTERLOCAL
AGREEMENT FOR LIBRARIAN SERVICES BETWEEN THE CITY OF
CELINA AND THE TOWN OF PROSPER.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS:
SECTION 1: The Town Manager of the Town of Prosper,Texas, is hereby authorized to
execute, on behalf of the Town Council of the Town of Prosper, Texas, an Interlocal Agreement
for Librarian Services between the City of Celina and the Town of Prosper, as hereto attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 28th day of July,2009
2 i
a s Nis anger,Mayor
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,:tthew D.Denton,TRMC -,,1 .{/
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INTERLOCAL AGREEMENT BY AND BETWEEN
THE TOWN OF PROSPER,TEXAS AND THE CITY OF CELINA, TEXAS
(Librarian Services)
THIS Agreement ("Agreement"), made and entered into this day of
, 2009, by and between the Town of Prosper, Texas, a municipal
corporation ("Town"), and the City of Celina, Texas, a municipal corporation ("City").
WHEREAS, the Town has investigated and determined that it would be
advantageous and beneficial to the Town and its citizens to employ a Librarian for the
purpose of, among other things, establishing and implementing policies and procedures
needed to administer the daily operations of the Prosper Community Library; and
WHEREAS, the City currently employs a Librarian for the purpose of, among
other things, establishing and implementing policies and procedures needed to
administer the daily operations of the Celina Public Library; and
WHEREAS, the Town and the City desire to utilize the same individual in carrying
out the duties of a Librarian as the Town and the City have investigated and determined
that the same individual is capable of performing the duties for each entity; and
WHEREAS, the City desires to maintain the employment of the Librarian and
further desires to subcontract the services of this individual to the Town for the purpose
of fulfilling the duties of a Librarian; and
WHEREAS, the Town and the City desire to enter into this Agreement for the
purpose of establishing the administration and compensation, including benefits, of the
individual hired as the Librarian for each entity; and
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government
Code ("Act"), provides the authority to political subdivisions for contracts by and
between each other to facilitate the governmental functions and services of said
political subdivisions under the terms of the Act.
NOW, THEREFORE, in consideration of the covenants and conditions contained in
this Agreement, the Town and the City agree as follows:
1. Employment of the Librarian. The City currently employs a Librarian as a
full time employee of the City. The City will subcontract the services of the individual
hired as the Librarian of the City for the purpose of fulfilling the duties of a Librarian.
2. Description of Duties of the Librarian. The City will employ the Librarian
to perform the functions and duties specified in the job description attached hereto as
Exhibit "A", and incorporated herein for all purposes, and to perform such other lawful
duties and functions as the City Manager shall from time-to-time assign, or cause to be
assigned. The City will subcontract the services of the individual hired as the Librarian
to the Town to perform the functions and duties specified in the job description
attached hereto as Exhibit"A", and to perform such other lawful duties and functions as
the Town Manager shall from time-to-time assign.
3. Reimbursement Structure of the Librarian.
a. Reimbursement. On or before the 15th day of each month,
beginning August 15, 2009, the Town will reimburse the City
$2,750.00 per month.
4. Hours of Work. The parties agree that the Librarian will be an exempt
employee under the Fair Labor Standards Act who is expected to engage in those hours
of work which are necessary to fulfill the obligations of the position of Librarian for the
Town, a minimum of twenty-hours (20 hrs) per week, distributed between Monday,
Tuesday, Wednesday, Thursday and Saturday of each week and, therefore, does not
have set hours of work and is available at all times. The Librarian will be required to
acknowledge that the proper performance of duties as Librarian will often require the
performance of necessary services at other times and for more extended periods. The
parties agree that the Salary outlined herein constitutes full compensation to the
Librarian for all services provided under this Agreement, including without limitation,
any additional hours or extended periods of service outlined herein. The Librarian will
be required to acknowledge he/she is not entitled to any additional compensation for
extended hours or periods of service provided under this Agreement. The Librarian will
be required to agree to devote such additional time as is necessary for the full and
proper performance of duties and that the compensation herein provided for includes
compensation for the performance of all such services; however, it is the desire of the
City that reasonable compensatory time off be permitted the Librarian, such as is
customary for all other exempt employees, so long as such compensatory time off does
not interfere with the normal conduct of the Librarian.
5. Supervision of the Librarian. The Librarian will be employed solely by the
City and will report directly to the City Manager. The City will be solely responsible for
any disciplinary action taken against the Librarian, including without limitation,
termination. In the event the Town experiences any problems, difficulties and/or issues
with the Librarian, the Town Administrator will notify the City Manager. Once the City
Manager receives notice from the Town Manager under this Paragraph, the City
Manager will consult with the Town Manager and take any action, and/or cause any
action to be taken, against the Librarian as deemed necessary by the City Manager in
his/her sole discretion. Any action taken, and or caused to be taken, by the City
Manager will be in accordance with applicable law, the City policies and any contract
between the Librarian and the City and will be final. Should the Town Manager
disagree with any action taken by the City Manager pursuant to this Paragraph, the
Town Manager may terminate this Agreement in accordance with Paragraph 10 below.
6. Independent Contractor. The Librarian is and at all times shall also be
deemed to be an employee of the City and a subcontractor to the Town, and the City
shall be wholly responsible for the manner in which the Librarian performs the services
required by the terms of this Agreement. Nothing herein shall be construed as creating
the relationship of employer and employee, or principal and agent, between the
Librarian and the Town, or any of the Town's agents or employees. The City assumes
exclusive responsibility for the acts of the Librarian as they relate to the services
provided during the course and scope of his/her employment under this Agreement.
The Librarian shall not be entitled to any rights or privileges of Town employees,and
shall not be considered in any manner to be a Town employee. Neither the City nor the
Town shall be responsible under the Doctrine of Respondeat Superior for the acts and
omissions of its officers, members, agents, servants, employees, or officers of the
other.
7. Availability of Funds. It is expressly understood and agreed by and
between the parties hereto that this Agreement is wholly conditioned upon the actual
receipt by the City of funds from the Town and that if such funds from the Town are
not timely forthcoming, in whole or in part, the City may, at its sole discretion,
terminate this Agreement immediately.
Further, funds are not presently budgeted for the City's performance under this
Agreement beyond the end of the 2008-2009 fiscal year. The City shall have no liability
for payment of any money for services performed after the end of any fiscal year unless
and until such funds are budgeted in accordance with applicable law.
8. Applicable Policies/Procedures. The Librarian will be required to comply
with, among other requirements, the personnel policies of the City and the library
policies and procedures of the Town.
9. Term/Renewal/Termination. The term of this Agreement shall commence
on the date set forth above and shall continue in effect for six (6) months so long as
the Town subcontracts the services of the Librarian for the purpose of performing the
duties of the Librarian. This Agreement may be renewed for an additional six (6)
months upon the same terms and conditions unless the City notifies the Town in writing
of the City's intention not to renew this Agreement at least ninety (90) days prior to the
expiration of the existing term. Either party may terminate this Agreement, with or
without cause, upon ninety (90) days written notice to the other party.
10. Notice. Any notice required or permitted to be delivered hereunder shall
be deemed to be delivered, whether or not actually received, when deposited in the
United States Mail, postage pre-paid, certified mail, return receipt requested, addressed
to either party, as the case may be, at the addresses contained below:
Town: Town of Prosper
Attn: Town Manager
P.O. Box 307
Prosper, Texas 75078
City: City of Celina
Attn: City Manager
142 North Ohio Drive
Celina, Texas 75009
11. Miscellaneous.
a. Assignment. This Agreement is not assignable without the prior
written consent of the other party.
b. Entire Agreement. This Agreement contains the entire agreement
of the parties with respect to the matters contained herein and may not be modified or
terminated except upon the provisions hereof or by the mutual written agreement of
the parties hereto.
c. Venue. This Agreement shall be construed in accordance with the
laws of the State of Texas and shall be performable in Collin County, Texas.
d. Consideration. This Agreement is executed by the parties hereto
without coercion or duress and for substantial consideration, the sufficiency of which is
forever confessed.
e. Counterparts. This Agreement may be executed in a number of
identical counterparts, each of which shall be deemed an original for all purposes.
f. Authority to Execute. The individuals executing this Agreement on
behalf of the respective parties below represent to each other and to others that all
appropriate and necessary action has been taken to authorize the individual who is
executing this Agreement to do so for and on behalf of the party for which his or her
signature appears, that there are no other parties or entities required to execute this
Agreement in order for the same to be an authorized and binding agreement on the
party for whom the individual is signing this Agreement and that each individual affixing
his or her signature hereto is authorized to do so, and such authorization is valid and
effective on the date hereof.
g. Savings/Severability. In case any one or more of the provisions
contained in this Agreement shall for any reason be held to be invalid, illegal or
unenforceable in any respect, such invalidity, illegality or unenforceability shall not
affect any other provision thereof, and this Agreement shall be construed as if such
invalid, illegal or unenforceable provision had never been contained herein.
h. Representations. Each signatory represents this Agreement has
been read by the party for which this Agreement is executed and that such party has
had an opportunity to confer with its counsel.
Miscellaneous Drafting Provisions. This Agreement shall be
deemed drafted equally by all parties hereto. The language of all parts of this
Agreement shall be construed as a whole according to its fair meaning, and any
presumption or principle that the language herein is to be construed against any party
shall not apply. Headings in this Agreement are for the convenience of the parties and
are not intended to be used in construing this document.
j. Pursuit of a Governmental Function. Both the Town and the City
have determined by their execution of this Agreement that this Agreement and the
obligations of the parties contained herein are in discharge of a governmental function
as set forth in the Interlocal Cooperation, Chapter 791, Texas Government Code, and
the participation by either party in the terms of this Agreement shall not make such
party an agent or representative of the other party.
k. Sovereign Immunity. The parties agree that neither the Town nor
the City has waived its sovereign immunity by entering into and performing its
respective obligations under this Agreement.
I. Binding Agreement. This Agreement shall be binding upon and
shall inure to the benefit of the parties hereto and their respective successors and
assigns. No third party shall have any rights herein.
[SIGNATURE PAGE TO FOLLOW]
IN WITNESS WHEREOF, the parties have executed this Agreement and caused
this Agreement to be effective on the latest date as reflected by the signatures below.
THE TOWN OF PROP TEXAS
By: Date: l 30 0 c,
Mike Land, Town Manager
THE CITY OF CELINA, TEXAS
By: kr�� Date: 1 I 15 I Cl
on Gray, City'Manager
STATE OF TEXAS *
COUNTY OF COLLIN *
BEFORE ME, the undersigned authority, on this day personally appeared Mike
Land, known to me to be one of the persons whose names are subscribed to the
foregoing instrument; he acknowledged to me he is the Town Manager and duly
authorized representative for the Town of Prosper, Texas, and he executed said
instrument for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEA, OF OFFICE this 319 day of
5 ee'emf3ei 2009.
ii mai' ',a TA Val I ir
ary Public in and for the State of Texas
My Commission Expires:
1et."u,`"�,�x1w1A1THEW D.DENTON I
K, § Notary Publics
vaf'a*, State of TexasI. ,�n Comm.Exp.08-21-12
STATE OF TEXAS *
COUNTY OF COLLIN *
BEFORE ME, the undersigned authority, on this day personally appeared Jason
Gray, known to me to be one of the persons whose names are subscribed to the
foregoing instrument; he acknowledged to me he is the City Manager and duly
authorized representative for the City of Celina, Texas, and he executed said
instrument for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 13 day of
1 2009.
L-04, -4QL' s- , CO-c-t-JP- L-d-,
Notary Public in a for the State of Texas
My Commission Expires:
EXHIBIT"A"TO INTERLOCAL AGREEMENT BETWEEN
THE TOWN OF PROSPER, TEXAS AND THE CITY OF CELINA, TEXAS
,.1; ,
POSITION DESCRIPTION
TITLE: Library Manager LAST February 3,
UPDATED: 2009
DEPARTMENT: Library Services JOB CLASS: 37
REPORTS TO: City Manager FLSA Exempt
DESIGNATION:
Summary: Under the general direction of the City Manager, oversees and directs the daily operation of
the Celina Public Library in order to carry out the directives of the City Council, Administration, and the
Library Advisory Board. May supervise assigned professional,technical,support, and volunteer staff.
The intent of this position description is to provide a representative summary of the major duties and
responsibilities performed by incumbent(s) in this position. Incumbent(s) may not be required to perform
all duties in this description and incumbent(s) may be required to perform position-related tasks other
than those specifically listed in this description.
Essential Job Functions:
• Defines and implements annual goals and objectives for departmental programs.
• Directs and manages the Library Services Department staff.
• Supervises and evaluates the work of staff including hiring, training, disciplining, and termination of
employees.
• Plans,reviews, assigns and prioritizes departmental activities and projects.
• Creates, develops and implements special projects for the acquisition,preservation, and conservation
of Public Library materials and resources.
• Prepares, reviews, edits and modifies staff reports to the Library Advisory Board and the City
Council.
• Conducts meetings with public and special interest groups for input,identification of issues,problems
or conflicts regarding the delivery of Public Library services.
• Conducts special research projects and initiates special studies related to the delivery of Library
Services.
• Prepares and administers annual department budget.
• Prepares and presents memos and reports regarding technical issues and devises alternative solutions
to existing problems for the delivery of Public Library services.
• Prepares informational packets for City Council and Library Advisory Board meetings.
• Serves as the primary staff liaison to the Library Advisory Board.
• Plans, develops, and administers special programs such as Summer Reading Programs, Book Clubs,
etc.
• Classifies and catalogs library materials.
• Prepares and presents Library Services related reports and presentations to management, boards,
commissions,and the public.
Other Important Duties:
• Travels to conduct scheduled and non-scheduled meetings,conferences,and training.
• Performs other related duties and tasks as assigned.
Library Manager Page 1
Position Description
Required Knowledge and Skills:
• Theoretical and technical knowledge of Library Science concepts, laws,regulations,and ordinances.
• Knowledge of customer service and public relations techniques.
• Knowledge of research, analysis, interpretation and application techniques for statistical and
informational data related to the delivery of Public Library Services.
• Knowledge of computers and related equipment,hardware and software for development and tracking
of statistical information,research and analysis,and preparation of formal presentations.
• Knowledge of generally acceptable City policies and procedures.
• Skill in effective oral and written communications.
• Skill in reviewing vendor proposals.
• Skill in working with elected and appointed officials.
• Skill in planning, developing and implementing departmental procedures and objectives.
• Skill in effectively supervising and delegating duties to assigned staff.
• Skill in mediating,negotiating and resolving customer complaints and concerns.
Preferred Education,Experience,and Certifications:
• Bachelor's Degree in Library Science or related field, and a minimum of seven (3) years Public
Library experience,or equivalent combination of education and experience.
• Must pass a pre-employment drug screening and/or post-offer physical exam.
• Must possess State of Texas Drivers License.
Environmental Factors and Conditions/Physical Requirements:
• Work is generally performed in an office environment, but also may be subject to tasks performed
outdoors and in potentially inclement weather.
• May be subject to repetitive motion such as typing,data entry and vision to monitor.
• May be subject to exposure to extended periods of communication during attendance and
presentations or meetings with civic and community groups.
• May be subject to bending, reaching and lifting such as setting up audiovisual equipment for formal
presentations and training.
• May be exposed to hostile or angry citizens and business owners.
• Must be able to work extended hours,nights and weekends to attend meetings and special events.
Equipment and Tools Utilized:
• Equipment utilized includes personal computer, copier, calculator, fax machine, audiovisual
equipment,mobile and desk telephones,and department vehicles.
Library Manager Page 2
Position Description