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Home My WebLink About2004-359ORDINANCE NO. 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 TEX. LOCAL GOV'T CODE, ch. 323; and WHEREAS, the City Council deems it in the public interest to enter into this interlocal contract with Denton County to provide library services for Denton County; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. That the Mayor, or in her absence, the Mayor Pro Tern, 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 2. That this ordinance shall become effective immediately upon its passage and approval. //AA PASSED AND APPROVED this the /c day of Agmk2 , 2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: W �/ APPR ED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: z FAshamd\dept\LGL\Our Documents\0rdinances\03\County Library Agreement.doc STATE OF TEXAS, ) COUNTY OF DENTON ) INTERLOCAL COOPERATION AGREEMENT FOR LIBRARY SERVICES THIS AGREEMENT is made and entered into by and between -Demon County, --a poriticaI subdivision of Texas, einafter referred to as "COUNTY," and the Denton Public Library 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, the Denton Public Library 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, COUNTY has requested and MUNICIPALITY has agreed to provide library services for all residents of COUNTY; and WHEREAS, COUNTY and MUNICIPALITY mutually desire to be subject to the provisions of V.T.C.A., Government Code Chapter 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: LIBRARY AGREEMENT 04-05 1 1* The term of this Agreement shall be for the period from October 1, 2004 through September 30, 2005. low 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 COUNTY, such individual(s) shall be entitled to be issued, at no cost, a library card to be used in connection with said 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. COUNTY designates the County Judge to act on behalf of COUNTY and 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 and shall devote sufficient LIBRARY AGREEMENT 04-05 2 time and attention to the execution of said duties on behalf of COUNTY in full compliance with the terms and conditions of this Agreement. The County Judge 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 the 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 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. The Director of Library Services 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 COUNTY's annual questionnaire as documentation of expenditures and provision of services. V. MUNICIPALITY shall be solely responsible for all techniques, sequences, procedures, and for the coordination of all work LIBRARY AGREEMENT 04-05 3 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 shall give all attention necessary for such proper supervision and direction. 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 pursuant to Local Government Code, Section 323.011(b). VII. COUNTY shall have full responsibility for the acts, and negligence of all COUNTY's employees, agents, sub -contractors, and/or contract laborers, performing work under this Agreement. V9890 MUNICIPALITY shall have responsibility for the acts and, negligence, of all the MUNICIPALITY's employees, agents, sub- contracts, and/or contract laborers performing work under this Agreement. 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. LIBRARY AGREEMENT 04-05 4 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. XI. 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. Any notice required by this Agreement shall be delivered in writing by either County or Municipality to the following addresses. The address of County is: Mary Horn, County Judge, Denton County 110 West Hickory Denton, Texas 76201 Telephone: 940-349-2820 The address of Municipality is: Denton Public Library 3020 N. Locust St. Denton, Texas 76209 Attention:Eva Poole Telephone: 940-349-8756 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 $1.10 per capita, for a total of $126,501.00, based upon North Central LIBRARY AGREEMENT 04-05 5 Texas Council of Governments population figures provided to COUNTY by the Library Advisory Board, payable in equal quarterly installments to MUNICIPALITY commencing October 1, 2004. The payments will be made from current revenues available to the COUNTY. This amount fairly compensates the MUNICIPALITY for the services performed under this agreement. -- - -- XIV. This Agreement may be terminated at any time, as stated in Local Government Code 323.011(c), by either party giving six (6) months 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 termination date 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, as authorized by this Agreement, 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. LIBRARY AGREEMENT 04-05 6 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. XVII. 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. 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 Denton County, Texas by the authorized representatives. COUNTY By Mary Horn County Judge Acting on behalf of and by the authority of the Commissioners Court of Denton County, Texas MUNICIPALITY Bla44d— Name: Mine Brock Title: t4avor City Council Meeting Dated November 16, 2004 LIBRARY AGREEMRNT 04-05 7 ATTEST: By C!E:- j Denton Coun y Clerk APPROVED AS TO ATTEST: By Cit ecre ary APPROVED AS TO FORM: stant Distr ct ttorney City Attorney . Cam,• :°". F . CD APPROVED AS TO CONTENT: Director, Library Services LIBRARY AGRBBMERT 04-05 $