1995-226 E:\WPDOCS\ORD\LIBRARY.CON
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 is authorized to execute an agree-
ment between the City of Denton and the County of Denton for the
provision of library services under the terms and conditions con-
tained in the agreement attached hereto.
SECTION II. That this ordinance shall become effective immed-
iately upon its passage and approval.
PASSED AND APPROVED this the~day of~, 1995.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
HERBERT L. PROUTY, CITY ATTORNEY
ORIGINAL
STATE OF TEXAS,
SS.
COUNTY OF DENTON.
INTERLOCAL COOPERATION AGREEMENT 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 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 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 CONTRACT 1995-96
The term of this agreement shall be for the period from
October 1, 1995 through September 30, 1996.
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
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.
III.
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 time and
attention to the execution of said duties on behalf of County in
DENTON LIBRARY CONTRACT 1~395-96
9~
fu~l 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 this agreement for the mutual benefit of County and
Municipality.
IV.
Municipality shall designate Eva D. Poole 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, and,
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 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
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 give all attention
necessary for such proper supervision and direction.
VI.
The 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. Local
Government Code, section 323.011(b).
VII.
County agrees to and accepts full responsibility for the
acts, negligence 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 Municipality agrees and accepts full responsibility for
the acts, negligence, and/or omissions of all the Municipality's
employees, agents, sub-contracts, and/or contract laborers, and
for those of all other persons doing work under a contract or
agreement with said Municipality.
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.
County waives any immunity or defense that would otherwise be
available to it against claims by third parties.
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.
The address of County is:
County Judge, Denton County
110 West Hickory
Denton, Texas 76201
Telephone: 817-565-8687
The address of Municipality is:
City of Denton
215 East McKinney
Denton, Texas 76201
Attention:Lloyd V. Harrell
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 FOURTEEN THOUSAND SEVEN HUNDRED NINETY-ONE DOLLARS
($114,791.00) based upon North Central Texas Council of
addition, the County agrees to pay Municipality an amount not to
exceed TEN THOUSAND DOLLARS ($10,000) in 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
basis. 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 with the normal and
customary processes and business 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 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, together with reimbursable expenses 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 for reimbursable expenses as authorized by this
agreement, then 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.
DENTON LIBRARy CONTRACT 1995-96
6
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.
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.
DENTON LIBRARY CONTRACT 1995-96
7
Executed in duplicate originals in Denton County, Texas by
the authorized representatives.
COUNTY MUNICIPALITY
t /vi ~-,~-~- 'L_/, '! ~tle: ~,~'~-~ y ~'~,~.~
authority of the Co~.io~[~fs
Court of Denton County, "~'~as Dated
ATTEST: ATTEST:
B~ ~ B
Denton County Clerk C~ ~ar:
APPROVED AS TO FORM: APPROVED AS TO FORM:
Assistant District AttorneV C*ity Attorney
APPROVED AS TO CONTENT:
Dzrector, Library~Servlces
DENTON LIBRARY CONTRACT 1995-96