22-1760ORDINANCE NO. 22-1760
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPALCORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTSREGARD[NG PARTNER AGENCY PROGRAM SERVICES FOR IN HOUSE LIBRARY
SERVICES AND OUTREACH PROGRAMMING FOR THE DENTON PUBLIC LEBRARY; ANDPROVIDING AN EFFECTIVE DATE.
WHEREAS, the Denton Public Library (the “Library”) coordinates with local organizations
and businesses (each, a “Partner Agency”) to provide services for the Library;
WHEREAS, the City Council recognizes that the services provided by each such Partner
Agency meet a public purpose and provide a governmental function; and
WHEREAS, the City Council recognizes the Library’s need to execute these agreements
from time to time without additional City Council authority; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference and are made a part of this ordinance.
SECTION 2. The City Council approves the form agreements, attached hereto as Exhibit A
(in House Library Programming) and Exhibit B (Outreach Library Programming), for use in
formalizing Partner Agency relationships to further Library programs, subject to all applicable
federal, state, and local laws.
SECTION 3. Upon finalizing a program with a Partner Agency, the Library will prepare a
contract, substantially in the same form as Exhibit A or Exhibit B, as applicable, for execution by the
City Manager or their designee without any further authority, guidance, or direction from the City
Council. The City Manager, or their designee, is further authorized to carry out the rights, duties,
obligations, and responsibilities of the City related thereto.
SECTION 4. The City Council of the City of Denton, hereby expressly delegates the
authority to take any additional actions that are deemed necessary or advisable by the City Manager,
or their designee, or 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 5. The Library will provide a report to City Council in the Friday Report, or other
appropriate method, regarding programs that are contracted for using this delegated authority.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinanceseconded by bGS e {bAAA Sfollowing vote U - U :
made by BrIan e>edc and
. This ordinance was passed and approved by the
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:Vicki Byrd, District 1 :a
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Brian Beck, District 2:Jesse Davis, District 3 :
Alison Maguire, District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
PASSED AND APPROVED this the IS-y- day of hI,JeFf,her ' 2022.
TH;mmRT–oRa
ATTEST:
ROSA RIOS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by MarcellaLunn
DN: cn=Marcella Lunn, o,
A BEnton.cd#i:c;IJF–––
Date: 2022.1 1.04 1 1 :33:57
-05'OO'
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Exhibit A
Partner Agency Agreement
Denton Public Library coordinates with registered non-profit organizations and other local
businesses and organizations in the North Texas area to offer services and programs to Denton
community members. Services and programs must support the Denton Public Library mission and
prrorltles.
Whereas, Denton Public Library recognizes that the services provided by Partner Agency meet a
public purpose and provide a governmental function;
NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants and conditions
contained herein and pursuant to the authority permitted under the laws of the State of Texas,
promise and agree as follows:
This agreement (the “Agreement”) is intended to outline the service/program site-based agreements
between Denton Public Library and (Partner Agency), pertaining
b (Program Name). This agreement begins on
and ends on . The agreement may be renewed annually if
agreed upon by both parties by completing a new agreement form. The agreement may be cancelled
by either party with at least 30 days notice of cancellation.
Direct case management or mental health counseling or treatment may not be conducted as part of
library/partner agency services or programs.
Denton Public Library am agree to collaborate and
communicate regularly to ensure the success of the coordinated services and programs. Partner and
Library representatives will meet at minimum once prior to each library programming season
(January-April, May-August, September-December) to discuss priorities, goals, performance, and
logistics.
Meeting Dates :
LOGISTICS
Denton Public Library will provide the partner agency with indicated items below as part of
the service/program :
[] Use of a Study, Conference, or Meeting Room during scheduled service/program times
[] Use of a library laptop while providing service (Note: user files will not be retained on the laptop)
LI VUP y lvla\Plllll\#/llllIL\Pl tV lllaDL\d bILI by
provided services/programs to patrons.
D Space on library “Community Information” bulletin board for service/program announcements
[] Inclusion of the provided services/programs in library Classes & Events flier
a Inclusion of the provided services/programs in library social media marketing
D Equipment (please list)
[] Notify provider at least
n
bVbllUO/ L!/lllILD UtSIg as part of
weeks in advance of planned library closures.
Other:
The partner will provide Denton Public Library with the following as part of the
service/program:
a Administration and operational planning and fiscal oversight of the service or program
[] Fiscal responsibility for the service/program
[] Responsibility for selecting, vetting, and supervising service/program team members
[] Service/program descriptions for requested marketing
n Monitor the progress of the services/programs and provide regular updates to the library. Update
reports will be submitted a monthly D quarterly D during scheduled Library/Partner meetings
D
Other:
SERVICE/PROGRAM INFORMATION
Service/program description :
Number of hours and schedule when service/program will be provided :
Types services provided to the public by partner agency as part of the service/program:
The service/program will be held at:
a Emily Fowler Central Library
Library
a North Branch Library a South Branch
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.
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.
CONTACT INFORMATION
Library Site Contact Information:
Partner Agency Contact Information :
LIABILITY
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 the laws of
the State of Texas.
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
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 II.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.
1. 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.
[Signature Page fo Follow\
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.
SIGNATURES OF BOTH PARTIES
Library Site Coordinator
Signature
Director of Libraries
Printed Name Date
Signature Printed Name
Partner Agency Supervisor/Administrator
Date
Signature Printed Name Date
Exhibit B
Partner Agency Outreach Agreement
Denton Public Library coordinates with local organizations and businesses in Denton to provide
library DPL2Go (Denton Public Library 2 Go) outreach services to targeted Denton community
groups or individuals.
Whereas Denton Public Library recognizes that the services provided by Partner Agency meet a
public purpose and provide a governmental function;
NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants and
conditions contained herein and pursuant to the authority permitted under the laws of the State of
Texas, promise and agree as follows:
This agreement (the “Agreement”) is intended to outline the DPL2Go outreach service/program
agreements between Denton Public Library and
(Partner Agency), pertaining to
(Program Name). This agreement
begins on and ends on . The agreement may be
renewed annually if agreed upon by both parties by completing a new agreement form. The
agreement may be cancelled by either party with at least 30 days notice of cancellation.
Denton Public Library and agree to collaborate
and communicate regularly to ensure the success of the coordinated services and programs.
Partner and Library representatives will meet at minimum once prior to each library
programming season (January-April, May-August, September-December) to discuss priorities,
goals, performance, and logistics.
Meeting Dates :
DPL2Go services and programs must remain free to the public. No admission or participant fees
may be charged.
LOGISTICS
Denton Public Library will provide the partner agency with indicated items below as part
of the service/program :
n Present a prepared literacy, educational, or enriching class or event for a specified audience
D Information table about Denton Public Library
n Library card sign up
[] Coordinate with the partner organization to host a partner organization prepared and executed
event at the partner location as a DPL2Go event.
[] Manage StoryWalk® displays
n Have print and or audiovisual materials delivered for the Book Stop program
n quarterly a bi-monthly
a Inclusion of the provided services/programs in library Classes & Events flier
D Inclusion of the provided services/programs in library social media marketing
[] Supplies/Equipment (please
list)
a Other:
The partner will provide the following as part of the service/program:
a A safe and appropriate location to conduct DPL2Go activities
n Table and chairs for DPL2Go activities
D Display StoryWalk® pages in a prominent storefront location using library provided display
supplies
a Provide dedicated shelving or space for Book Stop materials with signage about the program
[] Responsibility for selecting, vetting, and supervising partner organization service/program
team members engaged with DPL2Go activities
D Marketing and promotion of DPL2Go services/programs
n Service/program descriptions for requested marketing
[] Supplies/Equipment (please
list)
D
Other:
SERVICE/PROGRAM INFORMATION
Service/program description :
Number of hours and schedule when service/program will be provided :
Types services provided to the public by Denton Public Library as part of the
service/program :
Types services provided to the public by
Organization) as part of the service/program:
(Partner
Location where the service/program will be held or displayed:
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.
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.
CONTACT INFORMATION
Library Site Contact Information :
Partner Agency Contact Information:
LIABILITY
D 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.
E.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.
F.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 the laws of
the State of Texas.
MISCELLANEOUS
J. 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
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.
K. 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.
L. 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.
M. 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.
N. 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.
0.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 II.A, and if appropriate, recorded as an amendment of this Agreement.
P.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.
Q. 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.
R. 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.
[Signature Page fo Follow\
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.
SIGNATURES OF BOTH PARTIES
Library Coordinator
Signature
Director of Libraries
Printed Name Date
Signature
Partner Organization
Printed Name Date
Signature Printed Name Date