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Home My WebLink AboutR90-0022874L RESOLOTON A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE COUNTY OF DENTON FOR THE PROVISION OF LIBRARY SERVICES, AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES. SECTION I. That the Mayor is authorized to execute an agreemeht between the City of Denton and the County of Denton for the provision of library services under the terms and conditions contained in the agreement attached hereto. SECTION II. That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the/~"~day of ~~,~, 1990. RAY ST~HENS, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY PIINAL THE STATE OF TEXAS )( COUNTY OF DENTON )( INTERLOCAL COOPERATION AGREEMENT FOR LIBRARY SERVICES dayTHISAGREEMENTismadeandenteredintothis of~/by and between DENTON COUNTY, a pohtlcal subdivision of the Great State of Texas, hereinafter referred to as "County", and the CITY OF {)EMTON a municipality of Denton County, Texas, hereinafter referred to as "Municipality" WHEREAS, COUNTY is a duly organized polltlca{ 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 l~ 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 Denton County, Texas, and WHEREAS, COUNTY and MUNICIPALITY desire to improve the efficiency and effectivenes~ of local governments by authorizing the fullest possible range of intergovernmental contracting authority at the local level for all or part of the functions and services of police protection and detention services, fire protection, streets, roads, and drainage, public health and welfare, parks, recreation, hbrary services, museum services, waste disposal, planning, engineering, and administrative functions such as tax assessment and collection, personnel services, purchasing, data processing, warehousing, equipment repair, and printing, and WHEREAS, COUNTY and MUNICIPALITY mutually desire to be subject to the provisions of TEX. REV. CIV. STAT. Art. 4413 (32c), (Vernon Supp.), the Interlocal Cooperation Act, and NOW THEREFORE, COUNTY and MUNICIPALITY, for the mutual consideration hereinafter stated, agree and understand as follows I. The effective date of this agreement shall be the 1st day of October, 1989. II. The initial term of this Agreement shall be for the period of October l, 1989 to and through September 30, 1990. III. For the purposes and consideration here~n stated and contemplated, COUNTY shall provide the following necessary and appropriate services for the residents of Denton County MUNICIPALITY to the maximum extent authorized by th~s agreement, w~thout regard to race, religion, color, age, and national origin, to wit 1 Library services and other related services for the benefit and to serve the public conveniences and necessity of the citizens of Denton County, Texas IV. During the term of this contract, upon presentation of proper proof by lndlwdual(s) of residence of Denton County, Texas, such lndiv~dual(s) shall be entitled to be issued, at no cost, a "library card" to be used in connection with said l~brary services to be valid for a term to coincide with the term of this contract V COUNTY shall designate Honorable We Burgess to act on behalf of COUNTY, and to serve as "Liaison Officer" for COUNTY with and between COUNTY and MUNICIPALITY. Honorable Vie Burgess or his designated substitute shah ~nsure the performance of all duties and obligations of COUNTY herein stated, and, shall devote suffiment time and attention to the execution of said duties on behalf of COUNTY in 2) 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. VI. MUNICIPALITY shall designate Lloyd V Harrell to act on behalf of MUNICIPALITY, and to serve as "Liaison" for MUNICIPALITY with and between, MUNICIPALITY and COUNTY to Insure the performance of all duties and obligations of MUNICIPALITY as herein stated, and, 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 immediate and direct supervision of the 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. VII MUNICIPALITY agrees to indemnify and hold harmless COUNTY, its agents, and employees, from and against all claims, damages, losses, and expenses, including reasonable attorney's fees In ease it shall be necessary to pursue legal action, arising out of performance of the services and duties herein which are, or are alleged to have been caused in whole or In part by COUNTY or MUNICIPALITY, including but not necessarily limited to any negligent act and/or omission of any employee of MUNICIPALITY, its directors, members, or that of a sub-contractor of MUNICIPALITY, or that of anyone employed by or contracted with MUNICIPALITY for whose acts COUNTY and/or MUNICIPALITY is liable. 3) VIII. MUNICIPALITY agrees to indemnify and hold harmless COUNTY, its agents, and employees, from and against all claims, damages, losses, and expenses, including reasonable attorney's fees in case it shall be necessary to file an action, arising out of performance of the services and duties herein stated, which are (1) for bodily injury, Illness, or death, or for property damage, including loss of use, and (2) caused m whole or in part by MUNICIPALITY'S negligent act and/or omission, or that of a sub-contractor of MUNICIPALITY, or that of anyone employed by or contracted with MUNICIPALITY for whose acts the MUNICIPALITY is hable IX 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 X. COUNTY agrees to and accepts full responsibility for the acts, negligence, and/or ommslons of all COUNTY'S employees, and agents, COUNTY'S sub-contractors, and/or contract laborers, and for those of all other persons doing work under a contract or agreement with said COUNTY XI The MUNICIPALITY agrees to and accepts full responslbl~ty for the acts, neghgence, and/or omissions of all the MUNICIPALITY'S employees, and agents, the MUNICIPALITY'S sub-contractors, and/or contract laborers, and for those of all other persons doing work 4) under a contract or agreement w~th said MUNICIPALITY. XII Thru agreement ~s not ~ntended to extend the ]~ab~llty of the parties beyond that prowded by law Neither Agency MUNICIPALITY nor County wmves any ~mmumty or defense that would otherwise be available to ~t against claims by third part~es XIII. MUNICIPALITY understands and agrees that the MUNICIPALITY, ~ts employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of COUNTY XIV COUNTY understands and agrees that COUNTY, ~ts employees, servants, agents, and representatives shall at no t~me represent themselves to be employees, servants, agents, and/or representatives of MUNICIPALITY. XV COUNTY", Denton County m a pol~t~eal subd~vm~on of the State of Texas The address of "COUNTY" is Commissioners Court of Denton County Courthouse on the Square 110 W. H~ekory Denton, Texas 7620l Telephone (817) 383-0298 Attn Honorable V~c Burgess Denton County Judge XVI MUNICIPALITY lsa pubhe serwee organization of Denton County, Texas. The address of "MUNICIPALITY" ~s 5) City of Denton 215 E. McKlnney Denton, Texas 76201 Telephone (817) 566-8200 Attn' LLOYD V. HARRELL XVII For the services heremabove stated, COUNTY agrees to pay to MUNICIPALITY for the full performance of this agreement, $1 1718 per capita of 88,353 or the sum of ONE HUNDRED THREE THOUSAND FIVE HUNDRED THIRTY-TWO AND NO/100 103,532.00) DOLLARS to be paid in equal quarterly installments of TWENTY-FIVE THOUSAND EIGHT HUNDRED EIGHTY THREE AND 00/100 ($25,88300) DOLLARS commencing October 1, 1989. In addition, COUNTY agrees to pay to MUNICIPALITY up to SEVEN THOUSAND FIVE HUNDRED AND NO/100 ($7,500.00) DOLLARS in matching funds upon receipt of proof from the MUNICIPALITY that revenue from sources other than Denton County has been received and that this information shah be provided each quarter to COUNTY and wfi! be matched in full each quarter until ~uch time that 7,500.00 has been paid COUNTY understands and agrees that payment by COUNTY to the MUNICIPALITY shah be made in accordance with the normal and customary processes and business procedures of COUNTY. XVIII This agreement may be terminated at any time, by either party gIving s~xty (60) day advance written notice to the other party. In the event of such termination by either party, MUNICIPALITY shah be compensated pro rata for al! services performed to 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 a!! serwces performed to termination date, and/or be overcompensated for rmmbursable expenses as authorized by this agreement, then COUNTY shah be reimbursed pro rata for a!! such overcompensatlon. Acceptance of sa~d reimbursement shall no constitute a waiver of any claim that may otherwise arise out of this Agreement. XIX. 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. XX The validity of this agreement and of 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 Texa~ Further, this agreement shall be performable and all compensation payable in Dent~n County, Texas. XXI 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. XXII. The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf (~f the parties hereto, and each party hereby eertlhes to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect 7) STATE OF TEXAS )( COUNTY OF DENTON X BEFORE ME, the undersigned authority, on this day personally appeared the Honorable Vie Burgess, Denton County Judge, known to me to be the person whose name is subseribed to the foregoing instrument and acknowledged to me that he executed the forego, rig Interloeal Cooperation Agreement for the purposes and eons,deration therein expressed, in the rapacity stated, and as the art and deed of said County. GIVEN under my hand and seal of office this the ~L~ day of My Commms~on expires [~/~0 )~ Notary's Printed Name) STATE OF TEXAS )( COUNTY OF DENTON )( BEFORE ME, the undersigned authority, on this day personally appeared 7-EP#~'~/,5 , known to me to be the person whose nalne is subscribed to the foregoing instrument and acknowledged to me that he exeeuted the foregoing lnterloeal Cooperation Agreement of the purposes and eonslderatlon therein expressed, and in the eapaeity stated, and as the act and deed of said and this the /~ day of JVota y d~ ayFfl fo th State of Texas Commission ex, res SEAL ~C'Z / Z/:) ~ .~'- Y-h/ .~"~' Notary's Printed Name)