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2004-360ORDINANCE NO. dLg~/-~ff,~7 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL COOPERATION AGREEMENT WITH THE CITY OF IRVING, CITY OF CARROLLTON, CITY OF FORT WORTH, CITY OF NORTH RICHLAND HILLS, CITY OF PLANO, CITY OF FRISCO, AND CITY OF EULESS FOR THE SHARING OF iNTERACTIVE VIRTUAL REFERENCE LIBRARY SERVICES; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, the City of Denton and the cities of Irving, Carrollton, Fort Worth, North Richland Hills, Plano, Frisco, and Euless are political subdivisions of the State of Texas that are authorized to enter into interlocal contracts under TEX. GOV'T CODE, ch. 791; and WHEREAS, the City of Denton wishes to join a consortium of these cities to share in the use of interactive virtual reference library services; and WHEREAS, the cost of such services shall be taken from current revenues available to the paying parties and fairly compensates for the services rendered, and WHEREAS, the City Council deems it in the public interest to enter into this interlocal contract with the cities of Irving, Carrollton, Forth Worth, North Richland Hills, Plano, Frisco, and Euless to provide sharing of interactive virtual reference library services for the cities; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and a copy of this ordinance shall be attached to the contract. SECTION 2. That the Mayor, or in her absence, the Mayor Pro Tem, is authorized to execute an Interlocal Cooperation Agreement for Interactive Virtual Reference Library Services with the City of Irving, City of Carrollton, City of Fort Worth, City of North Richland Hills, City of Plano, City of Frisco, and City of Euless substantially in the form of the contract which is attached hereto and made a part of this ordinance for all purposes. SECTION 3. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /~'~ dayof ~~ ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Interlocal Agreement North Texas Virtual Reference Library CONSORTIUM This Interlocal Agreement ("Agreement") is made and entered into by and between the libraries of the municipalities of Irving, Texas in Dallas County; Carrollton, Texas in Dallas and Denton Counties; Denton in Denton County; Fort Worth in Tarrant County; North Richland Hills, Texas in Tarrant County; Plano, Texas in Collin and Denton Counties; Frisco, Texas in Collin County; and Euless, Texas in Tarrant County (hereinafter referred to as MUNICIPALITY individually or MUNICIPALITIES when referring to all eight cities) for the mutual interest in providing expert library reference assistance to citizens in their municipalities. WHEREAS, each MUNICIPALITY is a duly organized political subdivision of the State of Texas engaged in the administration of municipal government and related services for the benefit of the citizens; and WHEREAS, Chapter 791 of the Texas Government Code authorizes municipalities to contract with each other to the greatest extent possible to perform government functions and services; and WHEREAS, Section 217.102 of the Local Government Code permits a municipality to participate in cooperative purchasing programs with other municipalities; and WHEREAS, the MUNICIPALITIES are engaged in the provision of library service for the benefit of the citizens of these cities; and WHEREAS, the MUNICIPALITIES hereby join in forming the North Texas Virtual Reference Library CONSORTIUM (hereinafter referred to as the CONSORTIUM); and WHEREAS, the CONSORTIUM has agreed to provide shared interactive virtual reference service over the Internet; and WHEREAS, the CONSORTIUM and each MUNICIPALITY agree to comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. NOW, THEREFORE, this Agreement is made and entered into by the MUNICIPALITIES as permitted by law. I. The term of this agreement shall begin upon execution of the agreement by the MUNICIPALITIES and shall end on September 30, 2005. Additional annual renewals may be approved in accordance with paragraph IV and V and upon receipt of additional funding. II. For the purposes and consideration herein stated and contemplated, the CONSORTIUM shall provide interactive virtual reference service over the intemet without regard to race, religion, color, age, disability and/or national origin. The CONSORTIUM shall develop and maintain through the libraries one or more of the following programs of service: Interactive virtual reference service over the Intemet. Remote access to each library's website. ages. Trained reference librarians or reference paraprofessionals to assist patrons of all III. The CONSORTIUM shall designate the Director of Library Services, or his or her designee, of each MUNICIPALITY to act on behalf of the MUNICIPALITY to insure the performance of all duties and obligations of the MUNICIPALITY as herein stated. Further each Director 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 software, hardware, equipment, supplies, employees, agents, contractors, subcontractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of the agreement; and WHEREAS, the Director of Library Services of each MUNICIPALITY will form the Executive Committee to which each member MUNICIPALITY will participate and have an equal vote. IV. The CONSORTIUM shall designate the City of Irving as fiscal agent for grant funding purposes. Administration of funding, if applicable, will be provided by Irving. During the last 30 to 60 days of the funding year, service will be evaluated by the Executive Committee as to its effect. Consideration may be made to apply for additional funding from state, federal and/or private sources, which may become available, but approval and consent to apply for such funding will be required from each MUNICIPALITY based on each MUNICIPALITY's funding process. Each MUNICIPALITY will share in paying operating costs during the term of the Agreement in an amount not-to-exceed the amount set forth in the attached Exhibit "A" for each MUNICIPALITY respectively. Other cities may be permitted to join and share in operating costs after full approval of the Executive Committee. V. Any party to this Agreement may withdraw at any time, by giving sixty (60) days advance written notice to the other parties. Notice shall be sufficient if delivered by hand or via certified mail to the representative members of the Executive Committee. In the event of such withdrawal by the Cities of Carrollton, Denton, Euless, Fort. Worth, Frisco, Irving, North Richland Hills, or Plano, the other members of the Executive Committee may agree to continue service and act as the Executive Committee. If any city chooses to withdraw, the remaining MUNICIPALITIES may agree to terminate the CONSORTIUM Agreement with no fiscal penalties. VI. This agreement represents the entire and integrated agreement between the CONSORTIUM cities and supersedes all prior negotiations, representations and/or agreements, either written or oral. This agreement may be amended only by written instrument signed by the governing bodies of each MUNICIPALITY in the CONSORTIUM. VII. 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. VIII. 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. Each party paying for the performance of governmental functions or services must make these payments from current revenues available to the paying party. X. The MUNICIPALITIES agree that each MUNICIPALITY will be independently responsible for any liability or damages that MUNICIPALITY may suffer as a result of claims, demands, costs or judgments, including reasonable attorney fees, against it, including workers compensation claims, arising out of the performance of this agreement, or arising from any accident, injury or damage, whatsoever, to any person or persons, or to the property of any person(s) or corporation(s) occurring during the performance of the agreement and caused by the sole negligence of that MUNICIPALITY, its agents, officers and/or employees. The MUNICIPALITIES further agree that any liability or damages as stated above occurring during the performance of this agreement caused by the joint or comparative negligence of them, their employees, agents and officers shall be determined in accordance with the comparative responsibility laws of the State of Texas. XI. 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 ordinances or resolutions extending said authority have been duly passed and are now in full force and effect. Executed in duplicate originals by the authorized representatives. MUNICIPALITY: City of Denton Name: Euline Brock Title: Mayor Ordinance -Re~l~6~m # 2004-360 Dated November I6, 2004 ATTESTED: ) By. _~.~ r~t !~ APPROVED AS TO FORM: City Attorney ~~NT: Director, Libr~y Services EXHIBIT "A" Billing Exhibit (2004-2005) Please invoice accordingly: Library Invoice Amount Carrollton Public Library $5,948 Lucile Dade, Director 1700 Keller Springs Road Carrollton, TX 75006 972-466-3362 lucile.dade @ cityofcarrollton.com North Richland Hills Public $5,037 Library Steve Brown, Director 6720 NE Loop 820 North Richland Hills, TX 76180 817-427-6813 sbrown@nrhtx.com Plano Public Library $8,182 Joyce Baumbach, Director 2501 Coit Road Plano, TX 75075-3892 972-964-4208 io¥ceb@plano.gov Irving Public Library $7,379 Patty Landers, Director P.O. Box 152288 Irving, TX 75015-2288 972-721-2628 planders @irvinglibrary.org Frisco Public Library $5,140 Ron Heezen, Director 8750 McKinney Road Frisco, TX 75034 972-335-5510 rheezen @friscotexas.gov Euless Public Library $4,858 JoAnn W. Rogers, Director 201 N. Ector Euless, TX 76039 817-685-1482 irogers @ ci.euless.tx.us Fort Worth Public Library $15,085 Gleniece A. Robinson, Director 500 W. 3~d Street Fort Worth, TX 76102-7305 817-871-7706 robinsG @ ci.fort-worth.tx.us Denton Public Library $6,371 Eva Poole, Director 3020 N. Locust Street Denton, TX 76201 940-349-8750 eva.poole @ cityofdenton.com Total $58,000