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Home My WebLink About1998-365ORDINANCE NO % f' AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL COOPERATION AGREEMENT WITH DENTON COUNTY FOR LIBRARY SERVICES, AND PROVIDING AN EFFECTIVE DATE WHEREAS, both the City of Denton and Denton County are political subdivisions of the State of Texas that are authorized to enter into interlocal contracts under TEX GOV'T CODE ch 791 and ch 323, and WHEREAS, the City Council deems it in the public interest to enter into this mterlocal contract with Denton County to provide library services for Denton County, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION I That the Mayor, or in his absence, the Mayor Pro Tem, is authorized to execute an Interlocal Cooperation Agreement for Library Services with Denton County substantially in the form of the contract which is attached hereto and made a part of this ordinance for all purposes SECTION II That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 116leffl4a 1998 �7 MILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY GL APPR D AS LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY F \sh=a epTt\L\L(i__L\our Documents\0rdmances\98\Comriy Library Agreement doc STATE OF TEXAS, ) )ss COUNTY OF DENTON ) THIS AGREEMENT is made and entered into by and between DENTON COUNTY, a political subdivision of Texas, hereinafter referred to as "County," and the CITY OF DENTON, a municipality of Denton County, Texas, hereinafter referred to as "Municipality " WHEREAS, County is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County, and WHEREAS, Municipality is a duly organized municipality of Denton County, Texas engaged in the provision of library service and related services for the benefit of the citizens of Municipality, and WHEREAS, Both Municipality and County are legally authorized to perform individually the functions or services set forth in this Contract in full compliance with V T C A , Local Government Code §791 011(e)(2), and WHEREAS, County has requested and Municipality has agreed to provide library services for all residents of Denton County, and WHEREAS, County and Municipality mutually desire to be subject to the provisions of V T C A , Government Code Chapter DENTON LIBRARY 1998-99 1 791, the Interlocal Cooperation Act, and V T C A Local Government Code Chapter 323, County Libraries NOW, THEREFORE, County and Municipality, for the mutual consideration hereinafter stated, agree and understand as follows I The term of this agreement shall be for the period from October 1, 1998 through September 30, 1999 II For the purposes and consideration herein stated and contemplated, Municipality shall provide library services for the residents of County without regard to race, religion, color, age, disability and/or national origin Upon proper proof by individual(s) of residence in Denton County, Texas, such individual(s) shall be entitled to be issued, at no cost, a library card to be used in connection with these library services Municipality shall develop and maintain through the Library one or more of the following programs of service Educational and reading incentive programs and materials for youth Functional literacy materials and/or tutoring programs for adults Job training/career development programs and/or materials for all ages Outreach services to eliminate barriers to library services Educational programs designed to enhance quality of life for adults DENTON LIBRARY 1998-99 2 III County designates the County Judge to act on behalf of County and to serve as liaison officer for County with and between County and Municipality The County Judge or his designated substitute shall insure the performance of all duties and obligations of County herein stated who shall devote sufficient time and attention to the execution of said duties on behalf of County in full compliance with the terms and conditions of this agreement, and shall provide immediate and direct supervision of County's employees, agents, contractors, sub -contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of County and Municipality IV Municipality shall designate its Director of Library Services to act on behalf of Municipality and to serve as liaison officer of Municipality with and between Municipality and County to insure the performance of all duties and obligations of Municipality as herein stated who shall devote sufficient time and attention to the execution of said duties on behalf of Municipality in full compliance with the terms and conditions of this agreement, and, shall provide management of Municipality's employees, agents, contractors, sub -contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of Municipality and County Municipality shall provide to County a copy of the annual report submitted to the Texas State Library and shall respond to DENTON LIBRARY 1998 99 3 County's annual questionnaire as documentation of expenditures and provision of service V The Municipality shall be solely responsible for all techniques, sequences, procedures, and means and for the coordination of all work performed under the terms and conditions of this agreement, shall insure, dedicate and devote the full time and attention of those employees necessary for the proper execution and completion of the duties and obligations of the Municipality stated in this agreement and give all attention necessary for such proper supervision and direction VI The Municipality agrees that its library department shall assume the functions of a county library and agrees to provide a librarian who holds or secures a county librarian's certificate from the Texas State Library and Archives Commission Local Government Code, section 323 011(b) VII County agrees to and accepts full responsibility for the acts, negligence and/or omissions of all County's employees, agents, sub -contractors, and/or contract laborers and for those of all other persons doing work under a contract or agreement with the County VIII The Municipality agrees and accepts full responsibility for the acts, negligence, and/or omissions of all the Municipality's employees, agents, sub -contracts, and/or contract laborers, and DENTON LIBRARY 1998-99 4 for those of all other persons doing work under a contract or agreement with said Municipality IX This agreement is not intended to extend the liability of the parties beyond that provided by law Neither Municipality nor County waives any immunity or defense that would otherwise be available to it against claims by third parties X Municipality understands and agrees that the Municipality, its employees, servants, agents and representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of County V10M County understands and agrees that County, its employees, servants, agents and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of Municipality XII The address of County is County Judge, Denton County 110 West Hickory Denton, Texas 76201 Telephone 940-565-8687 The address of Municipality is City of Denton 215 East McKinney Denton, Texas 76201 Attention Michael Jez Telephone 940-349-8307 DENTON LIBRARY 1998-99 5 XIII For the full performance of the services above stated, County agrees to pay Municipality fees as described herein County shall pay Municipality fees in the amount of $1 20 per capita totaling ONE HUNDRED NINE THOUSAND ONE HUNDRED NINETY-NINE DOLLARS ($109,199 00) based upon North Central Texas Council of Governments population figures provided to Denton County by the Denton County Library Advisory Board, payable in equal quarterly installments to Municipality commencing October 1, 1998 In addition, the County agrees to pay Municipality an amount not to exceed TEN THOUSAND DOLLARS ($10,000) in matching funds upon the following conditions Municipality shall attempt to secure funding from sources other than Denton County Upon receipt of additional funding, Municipality shall provide proof of the receipt of such funds to the Denton County Auditor on a quarterly basis Denton County shall match Municipality's additional funding in an amount not to exceed $10,000 00 Payment by County to Municipality shall be made in accordance with the normal and customary processes and business procedures of County, and payment shall be satisfied from current revenues of the County Municipality agrees that the fees paid by the County herein fairly compensate it for the services to be performed XIV This agreement may be terminated at any time, by either party giving sixty (60) days' advance written notice to the other party In the event of such termination by either party, Municipality shall be compensated pro rata for all services performed to DENTON LIBRARY 1998 99 6 termination date, together with reimbursable expenses then due and as authorized by this agreement in the event of such termination, should Municipality be overcompensated on a pro rata basis for all services performed to termination date or be overcompensated for reimbursable expenses as authorized by this agreement, then County shall be reimbursed pro rata for all such overcompensation Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this agreement XV This agreement represents the entire and integrated agreement between Municipality and County and supersedes all prior negotiations, representations and/or agreements, either written or oral This agreement may be amended only by written instrument signed by both Municipality and County XVI The validity of this agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas Further, this agreement shall be performable and all compensation payable in Denton County, Texas P.1r7i*� In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible DENTON LIBRARY 1998-99 7 XVIII The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary orders or resolutions extending said authority have been duly passed and are now in full force and effect Executed in duplicate originals in Der}ton County, /� Texas by �uU the authorized representatives on this day of 4lel-n—A&C, om COUNTY By J V jklseley, County Ju e Acting on behalf of and by the authority of the Commissioners ATTESTA, By dfi �� Denton County Clerk APPROVED AS TO FORM Assistant District Attorney MUNICIPALITY By Ja t filler, Mayor ATTEST By e.�d'Qeo� City cretary APPROVED%Y/ AS TO FORM By (�J .5;L � l for City Attorney APPROVED AS CON ENT Director, Library Services DENTON LIBRARY 1998-99 8