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