1998-365AN 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 lnterlocal contracts under TEX GOV'T CODE
ch 791 and eh 323, and
WHEREAS, the City Council deems it m the public interest to enter into this lnterlocal
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 Tern, is authorized to
execute an Interloeal Cooperation Agreement for Library Serwces 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 thlsthe j/~t~ dayof //~/t~{//~/9~/~'- ~1998
J~fVI1LLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
F \share~'d~pt~LOL~-Our Documonts\Ordmanoos~gg\County Lsbrary Agreement doc
STATE OF TFDfAS, )
)SS
COUNTY OF DENTON )
INTERLO~a~ COOPERATION AGREEMENT FOR LIBRARY SERVICES
THIS AGREEMENT Ks made and entered ~nto 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 c~t~zens of
Denton County, and
WHEREAS, Municipality is a duly organized municIpality of
Denton County, Texas engaged in the provision of l~brary service
and related services for the benefit of the c~tlzens of
Municipality, and
WHEREAS, Both Municipality and County are legally authorized
to perform ~ndlv~dually 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
sub3ect 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 th~s agreement shall be for the per~od from
October 1, 1998 through September 30, 1999
II
For the purposes and consideration here~n stated and
contemplated, Municipality shall provide l~brary services for the
residents of County w~thout regard to race, religion, color, age,
d~sabll~ty and/or natlonal or~gln Upon proper proof by
~ndzvzdual(s) of reszdence ~n Denton County, Texas, such
zndzvzdual(s) shall be entitled to be issued, at no cost, a
l~brary card to be used zn connection w~th these lzbrary servzces
Munzcmpallty shall develop and ma~ntazn through the Lzbrary
one or more of the followang programs of service
Educatmonal and readzng ~ncentlve programs and materials
for youth
Functmonal lmteracy materials and/or tutoring programs
for adults
Job trazn~ng/career development programs and/or
materials for all ages
Outreach services to eliminate barriers to lzbrary
Educatzonal programs designed to enhance quality of lzfe
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 thzs 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, an the
furtherance of the purposes, terms and condltzons 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 documentatzon of expenditures and
provision of service
V
The Municipality shall be solely responsible for all
techniques, sequences, procedures, and means and for the
coordznat~on of all work performed under the terms and condltzons
of thzs agreement, shall mnsure, dedicate and devote the full tzme
and attention of those employees necessary for the proper
execution and completion of the dutzes and obligations of the
Municipality stated zn this agreement and g~ve all attention
necessary for such proper supervms~on and d~rect~on
VI
The Munzc~palzty agrees that ~ts lzbrary department shall
assume the functions of a county l~brary and agrees to provzde a
llbrarzan who holds or secures a county lzbrarzan's certificate
from the Texas State L~brary and Archzves Comm~sszon Local
Government Code, sectmon 323 011(b)
VII
County agrees to and accepts full responslbllzty for the
acts, neglzgence and/or omzsszons of all County's employees,
agents, sub-contractors, and/or contract laborers and for those of
all other persons domng work under a contract or agreement w~th
the County
VIII
The Mun~czpal~ty agrees and accepts full respons~b~lzty for
the acts, neglmgence, and/or omzsszons of all the Munzc~pal~ty'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 wath saad Munacapalaty
IX
Thas agreement is not ~ntended to extend the laab~l~ty of the
parties beyond that provaded by law Neither Mun~capal~ty nor
County waaves any ~mmunaty or defense that would otherwase be
available to at agaanst claims by third parties
X
Munacapalaty understands and agrees that the Mun~capalaty,
· ts employees, servants, agents and representataves shall at no
t~me represent themselves to be employees, servants, agents and/or
representataves of County
XI
COunty understands and agrees that County, its employees,
servants, agents and representataves shall at no t~me represent
themselves to be employees, servants, agents, and/or
representataves of ~un~capal~ty
XII
The address of County as
County Judge, Denton County
310 West Hickory
Denton, Texas 76201
Telephone 940-565-8687
9~e address of Mun~capalaty as
Caty of Denton
215 East McKanney
Denton, Texas 76201
Attentlon Michael Jez
Telephone 940-349-8307
DENTON blBRARY 1998-99 5
XIII
For the full performance of the services above stated, County
agrees to pay ~unlcapalaty fees as described herean County shall
pay ~unac~palaty fees an the amount of $1 20 per capita totalang
ONE HUNDRED NINE THOUSAND ONE HUNDRED NINETY-NINE DOLLARS
($109,199 00) based upon North Central Texas Councal of
Governments population fagures provided to Denton County by the
Denton County L~brary Advzsory Board, payable ~n equal quarterly
anstallments to Mun~capalaty commenczng October 1, 1998 In
add~taon, the County agrees to pay Mun~capalaty an amount not to
exceed TEN THOUSAND DOLLARS ($10,000) an matchzng funds upon the
followang cond~taons Munacapalaty shall attempt to secure
fundang from sources other than Denton County Upon receapt of
addztaonal fundzng, Munacapallty shall provzde proof of the
receapt of such funds to the Denton County Audator on a quarterly
basas Denton County shall match Munzcapal~ty's addztaonal
funding an an amount not to exceed $10,000 00 Payment by County
to Munzcapallty shall be made an accordance wath the normal and
customary processes and bus.ness procedures of County, and payment
shall be satasfaed from current revenues of the County
Munacapalaty agrees that the fees pazd by the County herezn faarly
compensate ~t for the servaces to be performed
XIV
Thas agreement may be termanated at any tzme, by eather party
gavang szxty (60) days' advance wrztten notice to the other party
In the event of such term~nataon by ezther party, Munaclpalzty
shall be compensated pro rata for all servaces performed to
DENTON LIBRARY 1998 89 6
termznatlon date, together wzth rezmbursable expenses then due and
as authorlzed by th~s agreement In the event of such
termznatzon, should Mun~czpal~ty be overcompensated on a pro rata
basks for all servzces performed to termlnatzon date or be
overcompensated for rezmbursable expenses as authorized by th~s
agreement, then County shall be rezmbursed pro rata for all such
overcompensatzon Acceptance of such rezmbursement shall not
constztute a wazver of any claim that may otherwmse armse out of
thzs agreement
XV
This agreement represents the entire and zntegrated agreement
between Municipality and County and supersedes all prior
negotlatzons, representations and/or agreements, either wrmtten or
oral Thzs agreement may be amended only by written znstrument
s~gnedby both Munlcmpalzty and County
XVI
The val~dlty of th~s agreement and any of zts terms or
provisions, as well as the r~ghts and dutmes of the parties
hereto, shall be governed by the laws of the State of Texas
Further, th~s agreement shall be performable and all compensatzon
payable ~n Denton County, Texas
XVII
In the event that any port~on of thas agreement shall be
found to be contrary to law, ~t zs the ~ntent of the partles
hereto that the remazn~ng portions shall remain valzd and ~n full
force and effect to the extent posslble
DENTON LIBRARY 1998-99 7
]{VIII
The undersigned officers and/or agents of the part~es hereto
are the properly authorized off~caals and have the necessary
authoraty to execute th~s agreement on behalf of the part~es
hereto and each party hereby certifies to the other that any
necessary orders or resolutions extendang sa~d authoraty have been
duly passed and are now an full force and effect
Executed an duplicate or~glnals an De~ton County, Texas by
the authorized representatives on this 3~-~ day of ~,
1998
COUNTY MUNICIPALITY
J~ ~seley, County J~- Ja~/~aller, Mayor
Actang on behalf of and by the
authority of the Co~ss~oners
ATTEST ATTEST
Denton County Clerk ~'~y ~cretary
APPROVED AS TO FORM APPROVED AS TO FORM
Assistant Dastract Caty Attorney
APPROVED AS T~ COIgTENT
Director, -Library Services
DENTON LIBRARY 1998-99 8