Loading...
22-19322-193ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TOEXECUTE AN INTERLOCAL AGREEMENT WITH THE CITY OF CORINTH FOR THE CITYOF CORINTH TO SUBSIDIZE HALF THE COST OF THE ANNUAL FULL-SERVICE NON-RESIDENT CARD AT THE DENTON PUBLIC LIBRARY FOR CORINTH RESIDENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING ANEFFECTIVE DATE. WHEREAS, City of Denton’s operations include the provision of public library services for its residents and for non-residents paying a non-resident fee for a library account; and WHEREAS, the City of Corinth, though lawfully authorized to do so, does not presently operate a public library; and WHEREAS, the City of Corinth has requested, and the City of Denton has agreed, to provide HbIwy services for residents of Corinth under the terms of this Interlocal Agreement; and WHEREAS, each party is authorized by Chapter 791 of the Texas Government Code (the “Interlocal Cooperation Act”), to enter into joint contracts and agreements for the performance of governmental functions and services including administrative functions normally associated with the operation of government, such as purchasing necessary materials and supplies; and WHEREAS, the parties, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Manager, or their designee, is hereby authorized to execute the Interlocal Cooperative Agreement with the City of Corinth under Section 791 of the Texas Government Code, a copy of which is attached hereto and incorporated by reference herein (the “Agreement”). SECTION 2. The City Manager, or her designee, is further authorized to carry out all duties and obligations to be performed by the City under the Agreement. SECTION 3. The City Council of the City of Denton hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under this ordinance to the City Manager of the City of Denton, or their designee. SECTION 4. This Ordinance shall become effective immediately upon its passage and approval The motion to approve this ordinance was made by Br,'++, Beck_ and seconded by [\\ is,,\ FI,.\. tie . This ordiry the following vote n - A Aye V ./ I \/ £ ,/ ~/ Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck, District 2: Jesse Davis. District 3 : Alison Maguire, District 4: Deb Armintor, At Large Place 5 : Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the ISt-day of tV ++2022 .Mid„* ATTEST: ROSA RIOS, CITY SECRETARY LaSt tIll JIll .J?az _al/ APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Marcella nuN: IDN: cn=Marcella Lunn, o, BY, \XP,UrdU I HIIL :HI::in@)ciwdQ) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized officers thereon the day and the year first above written. CITY OF CORINTH, TEXAS CITY OF DENTON, TEXAS A r=ex Z BOB LT CITY MANAGER SARA HENSLEYCITY MANAG b\\\ 11111111/ LANA WYLIE. ATtEST:ATrEST: ROSA RIOS, CITY SECRETARYa APPROVED AS TO LBGAfWh.:PATRICIA A. ADAMS, XTt§)KMEV APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATFORNEY Digitally signed by MarcellaLUnn DN: cn=Marcella Lunn. o. By. \N\kath\ \jul, ::=iII:',::T::."i.@„„, Date: 2022.02.08 09:58:08 -06'OO' BY: F214ar£;dAn MIo Signature Page to Intertocat Cooperative Agreement for Library Services INTERLOCAL COOPERATIVE AGREEMENT FOR LIBRARY SERVICES BETWEEN THE CITY OF CORINTH, TEXAS AND CITY OF DENTON, TEXAS STATE OF TEXAS COUNTY OF DENTON THIS INTERLOCAL COOPERATIVE AGREEMENT FOR LIBRARY SERVICES (the “Agreement”) is made on the day of , 2022, between the City of Denton, a Texas home-rule municipality (“Denton”), and the City of Corinth, Texas, a Texas home-rule municipality (“Corinth”); jointly referred to herein as “parties” and each separately as a “party.” WHEREAS, each party is authorized by Chapter 791 of the Texas Government Code (the “Interlocal Cooperation Act”), to enter into joint contracts and agreements for the performance of governmental functions and services including administrative functions normally associated with the operation of government such as purchasing necessary materials and supplies; WHEREAS, Denton operations include the provision of public library services for its residents and for non-residents on a reciprocal or contractual basis with other municipalities; WHEREAS, Corinth, though lawfully authorized to do so, does not presently operate a public library WHEREAS, Corinth has requested, and Denton has agreed, to provide library services for residents of Corinth under the terms of this Agreement; and WHEREAS, the parties, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants and conditions contained herein and pursuant to the authority permitted under the Interlocal Cooperation Act, promise and agree as follows: I Duration of Agreement A. This Agreement shall be in full force and effect from the date it is duly executed by all parties until terminated by either party to this Agreement. Any party may modify and/or terminate this Agreement in accordance with the following terms and conditions: • The terms and conditions of this Agreement may be modified upon the mutual consent of all parties. Mutual consent will be demonstrated by approval of the governing body of each party hereto. No modification to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of all parties. This Agreement may be terminated at any time by either party, with or without cause, upon thirty days’ written notice to the other party. If notice of termination is provided by Corinth, upon the receipt of the notice of termination, Denton shall immediately begin charging the then current full non-resident fees for non-resident Denton Library Cards and non-resident Denton Library Card renewals to Corinth residents unless the notice directs otherwise, in which case such cards shall be issued until the date of termination. If notice of termination is provided by Denton, upon the date of termination, Denton shall continue to issue non-resident Denton Library Cards and non-resident Denton Library Card renewals to Corinth residents; however, Denton shall charge the then current full non-resident fees for Corinth residents unless Corinth notifies Denton otherwise. Notwithstanding termination of this Agreement pursuant to this Section, Denton shall continue to provide library services to each Corinth resident who was issued a Denton Library Cards prior to the date of termination until said resident’s card has expired. •If Corinth fails to timely pay Denton for Denton Library Cards issued to Corinth residents pursuant to this Agreement, Denton may suspend library services to theCorinth residents who were issued library cards for which payment was not received until payment is received by Denton. Suspension of library services pursuant to this Section shall not result in an extension of the renewal date of the library card issued for which payment had not been received. • Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person, sent (i) as an attachment to an email, (ii) by fax with a successful send confirmation, or (iii) by certified mail to the address as listedherein City of Denton:Jennifer Bekker Director of Libraries, City of Denton Emily Fowler Central Library502 Oakland St. Denton, TX 76201 jennifer .bekker@cityofdenton.com Kimberly Wells Emily Fowler Central Library Manager, City of Denton Emily Fowler Central Library502 Oakland St. Denton, TX 76201 kimberly .wells(a),cityofdenton.com 2 City of Corinth:Bob Hart City Manager, City of Corinth Corinth City Hall 3300 Corinth ParkwayCorinth, TX 76208 Bob.Hart((4cityofcorinth.com Lee Ann Bunselmeyer Director of Finance, Communication & Strategic Services, City of Corinth Corinth City Hall 3300 Corinth ParkwayCorinth, TX 76208 LeeArm.Bunselmeyer@,cityofcorinth.com 11. Relationship of Parties A.It is agreed that the parties, in receiving products and/or services specified in this Agreement, shall each act as an independent party and shall have control of its needs. Neither party is an agent, employee or joint enterprise of the other, and each party is responsible for its own actions, forbearance, negligence and deeds, and for those of its agents or employees, in conjunction with the utilization of this Agreement in accordance with Texas law. B. Each party shall ensure that all applicable laws and ordinances have been satisfied with respect to any action taken by such party pursuant to this Agreement. 111 Terms of Library Services; Denton and Corinth Responsibilities A. Denton agrees to provide public library services in the same manner as Denton provides to its residents to Corinth residents who obtain a new non-resident Denton Library Card or non- resident Denton Library Card renewal under the terms of this Agreement. B.Denton shall from time to time establish by resolution or ordinance the fees for new non- resident Denton Library Cards and non-resident Denton Library Card renewals. Said fees, as applicable to cards issued to residents of Corinth, shall be subject to change by the City Council for Denton, provided that Denton shall give Corinth written notice of Denton’s intent to increase fees on or before August 1 of each year during the term of this Agreement. C. On or before September 1 of each of Corinth’s fiscal years occurring during the term of this Agreement, Corinth shall provide Denton written notice of the dollar amount appropriated by 3 Corinth in Corinth’s budget for the following applicable fiscal year for the provision by Denton of library services under this Agreement. D.Denton agrees to issue non-resident Denton Library Cards and non-resident Denton Library Card renewals to Corinth residents upon showing by said Corinth residents of proper proof of residency in Corinth, Texas, at half the cost of the then current non-resident account registration or renewal fees. Valid proof of residency in Corinth shall include a driver’s license, government-issued identification card or license, or utility bill, or other documentation bearing a residential address located within Corinth, Texas. Corinth will be responsible for the other half of the cost of the then current non-resident account registration or renewal fees. Without requiring an amendment to this Agreement, Corinth may from time to time approve or reject additional types of proof of residency by providing written notice to Denton. E.Denton shall provide Corinth written notice when the number of non.'resident Denton Library Cards and non-resident Denton Library Card renewals issued to Corinth residents by Denton multiplied by the fee established by Denton reaches the dollar amount appropriated by Corinth for the applicable fiscal year. Failure to provide notice under this Section shall not constitute a default of this Agreement by Denton, nor shall said failure preclude Denton from receiving payment from Corinth for any and all non-resident Denton Library Cards and non-resident Denton Library Card renewals issued beyond the dollar amount appropriated by Corinth for the applicable Term. F Residency of a person issued a non-resident Denton Library Cards and non-resident Denton Library Card renewals shall be determined as of the date of issuance of the card. Denton, its officers, employees, and contractors shall not be required to investigate the validity of any proof of residency presented with respect to issuance of a non-resident Denton Library Cards or non-resident Denton Library Card renewal, and shall be entitled to payment for all cards issued based on the proof of residency described in Section 3.4, above, even if it is later determined that such proof was falsified or that the person to whom the card was issued was not, at the time of issuance, as resident of Corinth. G.Corinth shall pay Denton for the library services provided to each Corinth resident by Denton under the terms of herein. Unless otherwise agreed by the parties, Denton shall submit invoices to Corinth on a monthly basis indicating the applicable amount due for that billing period and the number of non-resident Denton Library Cards and non-resident Denton Library Card issued to Corinth residents by Denton during that applicable billing period. Corinth shall pay said invoiced amounts within thirty (30) days after receipt, unless otherwise provided herein. H. All payments herein shall be made from current revenues available to Corinth. Denton acknowledges that this Agreement is subject to annual appropriation by Corinth, and Corinth agrees to use good faith efforts to secure through appropriations the funding agreed to for the services to be provided by Denton. I. Denton shall keep a record of the number of all non-resident Denton Library Cards and non- resident Denton Library Card renewals issued to Corinth residents by Denton under the terms 4 of this Agreement, including the resident’s full name, full residential address, and date of issuance. Corinth shall have the right to audit such records kept by Denton. Denton has determined that disclosure of records to Corinth herein is reasonably necessary for the operation of the Denton Public Library and that said records are not confidential under other state or federal law. Corinth hereby agrees to hold records obtained from Denton confidential, unless disclosure is required by law. IV. Liability and Immunity Provisions A.It is understood and agreed between the parties that each party hereto shall be responsible for its own and its employees’ acts of negligence in connection with this Agreement. Neither party shall be responsible for any negligent act or omission of the other party or its employees in connection with this Agreement. It is specifically agreed that, as between the parties, each party to this Agreement shall be individually and respectively responsible for responding to, dealing with, insuring against, defending, and otherwise handling and managing liability and potential liability of itself and its employees pursuant to this Agreement. B.Notwithstanding the foregoing, each party hereto reserves and expressly does not waive any immunity or defense available at law or in equity, including governmental immunity, for any claim or cause of action whatsoever that may arise or result from the services provided and/or any circumstances arising under this Agreement. These provisions are solely for the benefit of the parties hereto and are not for the benefit of any person or entity not a party hereto; this Agreement shall not be interpreted nor construed to give any claim or cause of action to any third party. Neither party shall be held legally liable for any claim or cause of action arising pursuant to or out of the services provided under this Agreement, except as specifically provided by law. Where injury or property damages results from the joint or concurrent negligence of both parties, liability, if any, shall be shared by each party based on comparative responsibility in accordance with the applicable laws of the State of Texas, subject to all defenses available to them, including governmental immunity. C.This Agreement is expressly made subject to the parties’ governmental immunity under the Texas Civil Practice and Remedies Code and all applicable federal, state, and local laws, rules, regulations, ordinances, and policies. Nothing in this Agreement shall be deemed to waive, modify, or amend any legal defense available at law or in equity to either party or to create any legal rights or claim on behalf of any third party. Neither party waive, modify, or alter, to any extent whatsoever, the availability of the defense of governmental immunity under thelaws of the State of Texas. V. Miscellaneous A. Each party has the full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and 5 empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective party. B.In the event any one or more of the provisions contained in this Agreement shall be held, for any reason, to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the other provisions and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. C. This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives, and assigns. Neither party will assign or transfer an interest in this Agreement without the prior written consent of the other party. D. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein, and this Agreement shall not create any rights in, or claims by, third parties who are not signatories to this Agreement. E. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any cause of action concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton County, Texas. F.This Agreement, together with any referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understanding, or other commitment occurring during the term of this Agreement, or subsequent thereto, has no legal force or effect whatsoever, unless properly executed in writing in accordance with Section 1. A, and if appropriate, recorded as an amendment of this Agreement. G.Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision nor in any way affect the validity of this Agreement or the right of either party thereafter to enforce each provision hereof. No term of this Agreement shall be deemed waived or any breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver or excuse of any other different or subsequent breach. H. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. I. Each party agrees that this Agreement and any other documents to be delivered in connection herewith may be electronically signed, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility. 6 J.It is expressly understood and agreed by the parties that if the performance of any provision of this Agreement is delayed by reason of war, civil commotion, act of God, governmental restrictions, regulations or interferences, fire or other casualty, court injunction, or any circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated herein, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the period of time applicable to such requirement shall be extended for a period of time equal to the period of time such party was delayed. [Signature Page fo Follow\