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HomeMy WebLinkAbout2001-002ORDINANCE NO / OO - 0A AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION TO PROVIDE INTERLIBRARY LOAN SERVICES TO MULTITYPE LIBRARIES IN TEXAS, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The City Manager is hereby authorized to execute an agreement with the Texas State Library and Archives Commission to provide interlibrary loan services to multitype libraries in Texas in substantially the same form as Exhibit A, which is incorporated by reference as if fully set forth herein SECTION 2 approval PASSED AND APPROVED this the _ , day of 2001 That this ordinance shall become effective immediately upon its passage and EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY AWROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY S WurMcumenuWNNMWOIWSWC lntedbre ben Semi"Gec Contract # 306-01-8107 TSLAC's coding: Index 17722 Agency Object Code: 7210 TEXAS STATE LIBRARY AND ARCHIVES COMNIISSION CONTRACT FOR SERVICES This Contract and Agreement is entered into by and between the Texas State Iabrary and Archives Commission (TSLAC) and Denton Public Library, pursuant to the authority contracted and in compliance with the provisions of the Texas Government Code Chapter 441 CONTRACTING PARTIES The Receiving Agency Texas State Library and Archives Commission (TSLAC) The Performing Agency Denton Public Library II STATEMENT OF SERVICES TO BE PERFORMED A The Contracting Parties agree that the following services will be performed under this contract 1 The Performing Agency will fill requests for the loan or photocopying of library materials to all Texas public, academic, and special libraries without charge to the individual libraries when those requests are received on the OCLC interlibrary loan system from the ten interlibrary loan centers that make up TexNet Abilene Public Library, Amarillo Public Library, Austin Public Library, Corpus Christi Public Library, Dallas Public Library, Fort Worth Public Library, Houston Public Library, Lubbock City -County Library, San Antonio Public library, and, Texas State Library and Archives Commission (TSLAC) 2 The Performing Agency will fill requests for the loan or photocopying of library materials to Texas public libraries that are members of the Texas Group (TX@G) when those requests are received on the OCLC interlibrary loan system 3 The Performing Agency will be reimbursed by the TSLAC for a maximum of 250 net loans at $4 00 each The number of loans will be determined by analyzing the lending and borrowing activity reported in the customized OCLC statistical reports III PAYMENT FOR SERVICES The Receiving Agency shall pay for services provided from appropriated items or accounts of the Receiving Agency from which like expenditures would normally be paid, based upon reports received from OCLC by the Receiving Agency Page 1 of 7 TSLAC, in accordance with the State of Texas purchasing procedures, State of Texas Laws (Article 601B, Vernon's Texas Civil Statutes) and General Services Coni nission (GSC) Rules has issued the Purchase Order for this procurement IV TERM OF CONTRACT This contract is to begin September 1, 2000, and shall terminate August 31, 2001 V BASIS FOR CALCULATING PAYABLE COSTS The Receiving Agency will reimburse the Performing Agency $4 00 for each net qualifying interlibrary loan request received on the OCLC system, or from members of the Texas Group libraries, up to a maximum of 250 net loans The number of loans will be determined by analyzing the lending and borrowing activity reported in the OCLC statistical reports Reimbursements for these services will be made in a single payment on or before October 31, 2001 VI CONTRACT AMOUNT The total amount of this contract shall not exceed $1,000 In order to redistribute unspent funds to higher performing libraries, the Receiving Agency shall automatically adjust the amount of this contract based on verification of total net loans made by the Performing Agency as reported in the OCLC statistical reports during the first nine months of this contract Should the revised final net loan activity beat least $100 less than the original estimated performance, the Receiving Agency shall provide written notification to the Performing Agency of the contract reduction amount within 30 days of receiving the OCLC activity report for the first nine months Should the revised final net loan activity be at least $100 more than the original estimated performance, and provided funds are available, the Receiving Agency shall provide written notification to the Performing Agency of any contract increase amount within 30 days of receiving the OCLC activity report for the first nine months This contract is subject to availability of funds Source of funds will be Federal Fund CFDA #45 310, Institute of Museums and Library Service, State Library Program, Federal Fiscal Year 2000 Carryover, State AY 2001 A breakdown of the funding is provided below, in accordance with requirements from the Institute of Museum and Library Services • Percentage of the total costs of the program which will be financed with Federal money 100% ■ Dollar amount of Federal funds for the project $1,000 Page 2 of 7 ■ Percentage and dollar amount of total costs of the project that will be financed by non - government sources 0 00% vII TERMS AND CONDITIONS A General Terms and Conditions These General Terms and Conditions shall be made a part of and govem this contract 1 No substitutions or cancellations shall be permitted without written approval of TSLAC 2 The Performing Agency affirms that it has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with this contract The Performing Agency further affirms that its employees or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to subagreements 3 The Contracting Parties may terminate this contract by giving written notice at least thirty (30) days pnor to the effective dates of such ternvnation (See Paragraph C regarding Dispute Resolution procedures ) B Governing Law This agreement shall be construed and governed by the laws of the State of Texas B Alternative Dispute Resolution Unless an applicable state statute or applicable federal law establishes another procedure for the resolution of disputes, the dispute resolution process provided for in Title 13, TAC shall be used, as further described herein, by TSLAC and the contractor to attempt to resolve all disputes arising under the contract 1 All disputes between the parties under this contract that cannot be resolved by the parties in the ordinary course of business, including, but not limited to, those concerning the scope and interpretation of contractual requirements, their enforcement and performance, and any costs associated therewith, must be submitted to the dispute resolution process provided in Texas Administrative Code, Title 13, Part I, Chapter 2, subchapter A For the purposes of initiating the process, the person to whom written notice of such dispute must be subrmtted is Ms Peggy D Rudd, Director and Librarian Said notice must also be given to all other representatives of TSLAC and the contractor otherwise entitled to notice under the panties' contract 2 The contested case process provided in chapter 2, subchapter A, of the Texas Administrative Code is the contractor's sole and exclusive remedy for an alleged breach of contract by TSLAC if the parties are unable to resolve their dispute 3 Compliance with the contested case process provided in subchapter A is a condition precedent to seeking consent to sue from the Legislature under Ch 107 of the Civil Practices and Remedies Code Neither, the execution of this contract by TSLAC, nor Page 3 of 7 any conduct of any representative of TSLAC thereafter shall be considered a waiver of sovereign immunity to suit D Default In the event that the Performing Agency fails to carry out or comply with any of the terms and conditions of the agreement with TSLAC, TSLAC may notify the Performing Agency of such failure or default in writing and demand that the failure or default be remedied within ten (10) days In the event that the Performing Agency fails to remedy such failure or default within the ten (10) day period, TSLAC shall have the right to cancel the agreement upon thirty (30) days written notice or immediately The cancellation of the agreement, under any circumstances whatsoever, shall not effect or relieve Performing Agency from any obligation or liability that may have been incurred or will be incurred pursuant to this agreement, and such cancellation by TSLAC shall not limit any other right or remedy available to TSLAC at law or in equity E Definitions Whenever the following terms are used in these General Terms and Conditions, or in other documents, the intent and meaning shall be interpreted as follows TSLAC shall mean Texas State Library and Archives Commission Performing Agency shall mean the library or other entity awarded an agreement for services under this contract in accordance with the terms, conditions, and requirements herein F Independent Performing Agency Status Performing Agency agrees that Performing Agency and Performing Agency's employees and agents have no employer -employee relationship with TSLAC TSLAC shall not be responsible for the Federal Insurance Contribution Act (FICA) payments, federal or state unemployment taxes, income tax withholding, Workers Compensation insurance payments, or any other insurance payments, nor will TSLAC furnish any medical or retirement benefits or any paid vacation or sick leave G Sales and Use Tax TSLAC, as an agency of the State of Texas, qualifies for exemption from State and Local Sales and Use Taxes pursuant to the provisions of the Texas Limited Sales, Excise, and Use Tax Act The Performing Agency may claim exemption from payment of applicable State taxes by complying with such procedures as may be prescribed by the State Comptroller of Public Accounts H Observance of TSLAC Rules and Regulations Performing Agency agrees that at all times its employees will observe and comply with all regulations when accessing the TSLAC facilities, including, but not limited to, parking and security regulations Page 4 of 7 D Publicity Performing Agency agrees that it shall not publicize this agreement or disclose, confirm or deny any details thereof to thud parties or use any photographs or video recordings of TSLAC's name in connection with any sales promotion or publicity event without the prior express written approval of TSLAC E Severability If one or more provisions of the resultant agreement, or the application of any provision to any party or circumstance is held invalid, unenforceable, or illegal in any respect, the remainder of the agreement and the application of the provision to other parties or circumstances shall remain valid and in full force and effect F Non -Waiver of Defaults Any failure of TSLAC at any time, to enforce or require the strict keeping and performance of any of the terms and conditions of this agreement shall not constitute a waiver of such terms, conditions, or rights, and shall not affect or impair same, or the right of TSLAC at any time to avail itself of same G Property Rights For purposes of this contract, the tern "work" is defined as all reports, work papers, work products, materials, approaches, designs, specifications, systems, documentation, methodologies, concepts, intellectual property or other property developed, produced or generated in connection with the services provided under the contract The TSLAC and Performing Agency intend this contract to be a contract for services, and each considers the work and any and all documentation or other products and results of the services to be rendered by Perfommng Agency to be a work made for hire By execution of a contract for these services, Performing Agency acknowledges and agrees that the work (and all rights therein) belongs to and shall be the sole and exclusive property of the TSLAC If, for any reason, the work would not be considered a work -for -hire under applicable law, Performing Agency does hereby sell, assign, and transfer to the State Library, its successors and assigns, the entire right, title and interest in and to the copyright in the work and any registrations and copyright applications relating thereto, and any renewals and extensions thereof, and in and to all works based upon, denved from, or incorporat- ing the work, and in and to all income, royalties, damages, claims and payments now or hereafter due or payable with respect thereto, and in and to all causes of action, either in law or in equity for past, present, or future infringement based on the copyrights, and in and all to rights corresponding to the foregoing Performing Agency agrees to execute all papers and to perform such other property rights as the TSLAC may deem necessary to secure for the TSLAC or its designee the rights herein assigned Copynghtable material made by the Performing Agency for TSLAC shall be considered work -made -for -hire for TSLAC within the meaning of the copyright laws Performing Agency shall assign all rights, title and interest in such copyrightable materials to TSLAC Should this work product prove to be patentable, Performing Agency will Page 5 of 7 assign all patent rights to TSLAC upon request The TSLAC shall have the right, at its discretion, to keep such work product as a trade secret Any publication or presentation resulting from or primarily related to the work conducted under this contract shall contain the following disclaimer The activity that is the subject of this repot was supported in whole or in part by the Institute of Museum and Library Services However, the opinions expressed herein do not necessarily reflect the position or policy of the Institute of Museum and Library Services, and no official endorsement by the Institute of Museum and Library Services should be inferred Promotional materials, bibliographies, and other such short pieces should give the following acknowledgement Published with funds granted by the Texas State Libranes and Archives Commission under the Library Services and Technology Act, Public Law 104-208, as amended D Acceptance of Products and Services All services performed under this agreement shall be to the satisfaction of TSLAC and in accordance with the specifications, terns, and conditions of this agreement TSLAC reserves the right to inspect the services performed, and to determine the quality, acceptability, and fitness of such products or services Page 6 of 7 THE UNDERSIGNED RECEIVING AGENCY Hereby certifies that: (1) services specified above are necessary and essential for activities that are properly within the statutory functions and programs of the affected agencies of State Government; (2) the services, supplies or materials contracted for are not required by Section 21, Article 16, of the Constitution of Texas to be supplied under contract given to the lowest responsible bidder; (3) that the arrangements and payments contracted for will be conducted in compliance with library Services and Technology Act (LSTA), Public Law 104-208, and the State Plan for LSTA in Texas. RECEIVING AGENCY Texas State Library and Archives Commission — [" gt�� Edward Seidenberg, Assistai t State Librarian 01-1 �-01 Date Approved: , il"(� Donna Osborne, Chief Fiscal Officer PERFORMING AGENCY Denton Public Library to 6(er into contracts) Michael W. Jez Typewritten or Printed Name Above City Manager Title January 2, 2001 Date Type or print name of local fiscal officer responsible for account into which these funds are to be paid. Gary Calmes Name of Fiscal Officer Controller . Title (Must be an official of the Performing Agency) 215 E. McKinney, Denton, TX 76201 Address 940.349.7281 Telephone Number Page 7 of 7