1997-325 O ANCENO 4%
AND PROVID~G AN EFFECTIVE DATE
~AS, bo~ ~e C~ of Denton ~d Denton Co~ty ~e pohucal subd~ws~ons of the
State of Texas ~at ~e au~onzed to ~nter rotc mtedocal contracts under TEX GOV'T CODE
ch 791 ~d eh 323, ~d
WHE~AS, ~e C~ Co~cfl deems ~t m ~e pubhc interest to enter ~nto th~s mterlocal
con. act ~ Denton Co~ty to prowde hbr~ seduces for Denton Co~, NOW,
THE~FO~,
THE CO~CIL OF THE CITY OF DENTON, TEXAS HE.BY O~AINS
~ ~at ~e Mayor, or m h~s absence, the Mayor Pro Tern, ~s authorized to
execute ~ Interlocal CooperaUon Agreement for L~br~ Sew~ces w~ Denton Co~
subst~t~ly m ~e fo~ of ~e coneaet which ~s a~ched to ~d mMe a p~ of th~s ordm~ce for
all p~o$~s
~ T~t th~s ordinate shall become effective ~edmtely upon ~ts passage
~d approval
PASSED ANDAPPROVED~s~e ~-~ dayof ~ff~ ,1997
' JACK MILLER, MAYOR
JE~IFER WAL~RS, CITY SEC~T~Y
Api~JoVED J~S TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
e \docs\ord\eo~nty hbrary s6rvloes ~
STATE OF TEXAS, )
)ss
COUNTY OF DENTON )
ImTm~LOCAL COOPERATION AG~m~mNT FOR LIBRARY SERVICES
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 l~brary 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 0ii(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 provlslons of V T C A , Government Code Chapter
DENTON LIBRARY 1997 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, 1997 through September 30, 1998
II
For the purposes and consideration herein stated and
contemplated, Munlc~pallty shall provide l~brary services for the
residents of County wlthout regard to race, religion, color, age,
d~sabll~ty and/or national or~g~n Upon proper proof by
~ndlv~dual(s) of residence ~n Denton County, Texas, such
individual(s) shall be entitled to be issued, at no cost, a
l~brary card to be used ~n connection with these library services
Mun~clpallty shall develop and maintain through the L~brary
one or more of the following programs of service
Educational and readlng lncent~ve programs and materials
for youth
Functional l~teracy materials and/or tutoring programs
for adults
Job tralnlng/career development programs and/or
materials for all ages
Outreach services to eliminate barriers to library
services
Educational programs designed to enhance qualzty of life
for adults
2
DENTON LIBRARY 1997
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 t~me 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 thls agreement for the mutual benefit of County and
Municipality
IV
Municipality shall deslgnate its Director of Library Services
to act on behalf of Municipality and to serve as liaison officer
of Municipality with and between Munmclpal~ty and County to insure
the performance of all duties and obligations of Munmclpallty 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, zf 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
DENTONLIBRARY1997 3
County's annual cluestlonna~re as documentation of expenditures and
provision of service
V
The Munlczpallty shall be solely responsible for all
techniques, sequences, procedures, and means and for the
coordlnatzon of all work performed under the terms and conditions
of th~s agreement, shall ~nsure, dedicate and devote the full t~me
and attention of those employees necessary for the proper
executzon and completion of the dutzes and oblzgatlons of the
Munzczpallty stated ~n th~s agreement and give all attention
necessary for such proper supervzs~on and d~rectlon
VI
The Munlczpallty agrees that ~ts llbrary department shall
assume the functions of a county lzbrary and agrees to provlde a
lzbrar~an who holds or secures a county librarian's certzflcate
from the Texas State Library and Archives Commlsszon Local
Government Code, section 323 011(b)
VII
County agrees to and accepts full responszbzllty for the
acts, negllgence 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 Munlclpallty agrees and accepts full responszblllty for
the acts, negligence, and/or omlsslons of all the Munlclpallty's
employees, agents, sub-contracts, and/or contract laborers, and
4
DENTON LIBRARY 1997
for those of all other persons doing work under a contract or
agreement with said Munlclpallty
IX
This agreement is not lntended to extend the llabllzty of the
partzes beyond that provlded by law Neither Municipality nor
County wazves any zmmunlty or defense that would otherwise be
avazlable to it against claims by third partles
X
Munlclpallty understands and agrees that the Munzclpallty,
its employees, servants, agents and representatives shall at no
t~me represent themselves to be employees, servants, agents and/or
representatives of County
XI
County understands and agrees that County, its employees,
servants, agents and representatlves shall at no t~me represent
themselves to be employees, servants, agents, and/or
representatives of Municipality
XII
The address of County zs
County Judge, Denton County
ll0 West Hickory
Denton, Texas 76201
Telephone 940-565-8687
The address of Municipality
City of Denton
215 East McK~nney
Denton, Texas 76201
Attention Ted Benav~des
Telephone 940-349-8307
5
DENTON LIBRARY 1997
XIII
For the full performance of the services above stated, County
agrees to pay Municipality fees as described herein County shall
pay Mun~clpal~ty fees ~n the amount of $1 20 per capita totaling
ONE HUNDRED SEVEN THOUSAND FIVE HUNDRED EIGHT-EIGHT DOLLARS
($107,588 00) based upon North Central Texas Council of
Governments population figures provided to Denton County by the
Denton County Library Advisory Board, payable ~n equal quarterly
installments to Munlc~pallty commencing October 1, 1997 In
addition, the County agrees to pay Munlc~pallty an amount not to
exceed TEN THOUSAND DOLLARS ($10,000) ~n matching funds upon the
following conditions Mun~clpallty 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
bas~s Denton County shall match Municipality's additional
funding ~n an amount not to exceed $10,000 00 Payment by County
to Municipality shall be made in accordance w~th the normal and
customary Drocesses and bus,ness procedures of County, and payment
shall be satisfied from current revenues of the County
Municipality agrees that the fees pa~d by the County here~n fairly
compensate it for the services to be performed
XIV
This agreement may be terminated at any time, by either party
giving slxty (60) days' advance written not~ce to the other party
In the event of such termlnat~on by e~ther party, Municipality
shall be compensated pro rata for all services performed to
DENTON,LIBRARY 1997 6
termmnatmon date, together wmth remmbursable expenses then due and
as authormzed by thms agreement In the event of such
termlnatmon, should Munlcmpallty be overcompensated on a pro rata
bas~s for all servmces performed to termmnatzon date or be
overcompensated for remmbursable expenses as authorized by thzs
agreement, then County shall be remmbursed pro rata for all such
overcompensatlon Acceptance of such remmbursement shall not
constmtute a waiver of any clamm that may otherwise arise out of
thms agreement
Thms agreement represents the entire and zntegrated agreement
between Munmc~palzty and County and supersedes all prior
negotmatmons, representatmons and/or agreements, e~ther written or
oral Thms agreement may be amended only by written znstrument
smgnedby both Munlc~palmty and County
XVI
The valmdmty of th~s agreement and any of ~ts terms or
provlsmons, as well as the rmghts and dutzes of the partmes
hereto, shall be governed by the laws of the State of Texas
Further, thms agreement shall be performable and all compensatzon
payable mn Denton County, Texas
XVII
In the event that any portmon of thms agreement shall be
found to be contrary to law, mt ms the mntent of the partmes
hereto that the remamnmng portmons shall remamn valmd and mn full
force and effect to the extent possmble
DENTON LIBRARY 1997 7
The undersigned officers and/or agents of the parties hereto
are the properly authorized officials and have the necessary
authorl,ty 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
1997
COLrNTY MUNICIPALITY
By _ Jack Miller, Mayor
Acting on behalf of and by the ~
authority of the Commissioners % q ~- 3~
ATTEST
By ~. ~(~ By ~lt~ Secretary
~ bent~ County Clerk ~v
APPROVED AS TO F~ORM
Assistant D~strlct
DirectOr, Library Services
DENTON LIBRARY 1997 8
DENTON PUBLIC LIBRARY