1996-231A \LIBRARY CON
ORDINANCE NO ~
AN ORDINANCE 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 ORDAINS
SECTION I. That the Mayor ms authorized to execute an agree-
ment between the City of Denton and the County of Denton for the
provzs~on of lzbrary servzces under the terms and condltzons con-
tanned zn the agreement attached hereto
SECTION II That th~s ordinance shall become effectIve immed-
iately upon its passage and approval
PASSED AND APPROVED thls the /~day of ~, 1996
JACK MILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
STATE OF TEXAS, )
)ss
COUNTY OF DENTON )
INTERLOPer COOPERATION AGREEMENT FOR LIBIq~.RY SERVICES
THIS AGREEMENT is made and entered into by and between
DENTO~ 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 polltlcal subdivision of
the State of Texas engaged ~n 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 ~n the provision of l~brary service
and related services for the benefit of the c~tlzens of
Municipality, and
WHEREAS, County has requested and Municipality has agreed to
provide l~brary services for all residents of Denton 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
DENTON LIBRARY 1996 1
I
The term of this agreement shall be for the period from
October 1, 1996 through September 30, 1997
II
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 Denton County, Texas, such
individual(s) shall be entitled to be issued, at no cost, a
l~brary card to be used in connection w~th said library services
Municipality shall develop and maintain through the L~brary
one or more of the following programs of service
Educational and reading incentive programs and materials
for youth
Functional l~teracy materials and/or tutoring programs
for adults
Job training/career development programs and/or
materials for all ages
Outreach services to eliminate barriers to l~brary
services
Educational programs designed to enhance quality of life
for adults
III
County designates the County Judge to act on behalf of County
and serve as liaison offzcer for County with and between County
and Municipality The County Judge or his designated substitute
shall insure the performance of all dutzes and oblzgatzons of
County herein stated and shall devote sufficient t~me and
DENTON LIBRARY 1996 2
attention to the execution of said duties on behalf of County
full compliance with the terms and conditions of th~s agreement,
and shall provide ~mmedlate and direct supervision of County's
employees, agents, contractors, sub-contractors, and/or laborers,
· f any, ~n the furtherance of the purposes, terms and conditions
of this agreement for the mutual benefit of County and
Municipality
IV
Municipality shall deslgnate Ewa Poole to
act on behalf of Municipality and to serve as llalson officer of
Municipality with and between Mun~clpal~ty and County to insure
the performance of all duties and obligations of Municipality as
herein stated and shall devote sufficient t~me and attention to
the execution of said duties on behalf of Municipality in full
compliance w~th the terms and conditions of th~s agreement, and,
shall provide management of Municipality's employees, agents,
contractors, sub-contractors, and/or laborers, if any, ~n the
furtherance of the purposes, terms and conditions of this
agreement for the mutual benefit of MunicIpality and County
Munlclpallty shall provide to County a copy of the annual
report submitted to the Texas State L~brary and shall respond to
County's annual questlonna~re as documentation of expenditures and
provlszon of service
V
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
DENTON LIBRARY 1996 3
of thzs agreement, shall insure, dedzcate and devote the full tzme
and attentmon of those employees necessary for the proper
execution and completion of the dutmes and obligations of the
Municipality stated zn thms agreement and gmve all attentmon
necessary for such proper supervision and direction
VI
The Munlcmpalmty agrees that mts lmbrary department shall
assume the functzons of a county lzbrary and agrees to provzde a
lzbrarzan who holds or secures a county llbrarman's certzflcate
from the Texas State Lzbrary and Archmves Commmsslon Local
Government Code, sectzon 323 011(b)
VII
County agrees to and accepts full responszbmlmty for the
acts, neglzgence and/or ommsszons 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 with
the County
VIII
The Munzczpallty agrees and accepts full responsmbmlzty for
the acts, neglzgence, and/or ommssmons of all the Munzclpalmty's
employees, agents, sub-contracts, and/or contract laborers, and
for those of all other persons dozng work under a contract or
agreement wzth samd Munmclpallty
IX
This agreement ms not intended to extend the lzabmlmty of the
partzes beyond that provided by law Nezther Munlczpalmty nor
DENTON LIBRARY 1996 4
County waives any immunity or defense that would otherwise be
available to it against claims by third parties
X
Munlclpallty understands and agrees that the Munlclpal~ty,
· ts employees, servants, agents and representatlves shall at no
t~me represent themselves to be employees, servants, agents and/or
representatives of County
XI
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 Munlclpallty
XII
The address of County ls
County Judge, Denton County
110 West Hickory
Denton, Texas 76201
Telephone 817-565-8687
The address of Municipality ~s
C~ty of Denton
215 East McK~nney
Denton, Texas 76201
Attention -%ed Benavtdes
Telephone 817-566-8200
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 20 per capita totaling
ONE HUNDRED FIVE THOUSAND SIX HUNDRED FORTY-FOUR DOLLARS
($105,644 00) based upon North Central Texas Council of
DENTON LIBRARY 1996 5
Governments population figures provided to Denton County by the
Denton County Library Advisory Board, payable in equal quarterly
· nstallments to Municipality commencing October 1, 1996 In
addition, the County agrees to pay Municipality an amount not to
exceed TEN THOUSAND DOLLARS ($10,000) ~n matching funds upon the
following conditions Municipality 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 in an amount not to exceed $10,000 00 Payment by County
to Municipality shall be made in accordance w~th the normal and
customary processes and bus~ness procedures of County, and payment
shall be satisfied from current revenues of the County
XIV
This agreement may be terminated at any time, by either party
giving sixty (60) days' advance written not~ce to the other party
In the event of such termination by e~ther party, Municipality
shall be compensated pro rata for all services performed to
termination date, together w~th reimbursable expenses then due and
as authorized by this agreement In the event of such
termination, should MunIcipality be overcompensated on a pro rata
bas~s for all services performed to termination date or be
overcompensated for reimbursable expenses as authorized by this
agreement, then County shall be reimbursed pro rata for all such
overcompensatlon Acceptance of such reimbursement shall not
DENTON LIBRARY 1996 6
constitute a waiver of any clalm that may otherwise arlse out of
th~s agreement
XV
Th~s agreement represents the entire and Integrated agreement
between Munlclpallty and County and supersedes all prior
negotiations, representations and/or agreements, e~ther written or
oral This agreement may be amended only by written instrument
signed by both Munlclpallty and County
XVI
The validity of this agreement and any of its terms or
provisions, as well as the rights and dutles 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 port,on of this agreement shall be
found to be contrary to law, it is the ~ntent 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 Dassed and are now ~n full force and effect
DENTON LIBRARY 1996 7
Executed in duplicate originals ~n Denton County, Texas by
the authorized representatives
COUNTY MUNICIPALITY
COUNTY JUDGE Name
Tztle
authorzty of the Commissioners
ATTEST ATTEST
By B~
Denton County Clerk
APPROVED AS TO FORM APPROVED AS TO FORM
Asslstant Dlstrzct Attorney City Attorney ~
APPROVED AS TO CONTENT
D~rector, L~brary Services
DENTON LIBRARY 1996 8