2002-228FILE REFERENCE FORM I 2002-228 I
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First Amendment to Agreement - 2003-180 06/17/03 ) P~
ORm ANCE NO. o r2OR - g
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND
UNIVERSITY OF NORTH TEXAS TO PROVIDE A VOLUNTEER COORDINATOR
FOR THE DENTON COMMUNITY NETWORK TO BUILD A TRAINING
PROGRAM FOR VOLUNTEERS; AUTHORIZING THE EXPENDITURE OF
FUNDS; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the Mayor, or in her absence the Mayor Pro Tem, is hereby
authorized to execute, on behalf of the City, an Interlocal Cooperation Agreement
between the City of Denton, Texas and the University of North Texas to provide a
Volunteer Coordinator for the Denton Community Network to build a training program
for volunteers, substantially in accordance with the lnterlocal Cooperation Agreement
which is attached hereto and incorporated by reference herein.
SECTION 2. That the expenditure of funds by the City as set forth in the
Interlocal Cooperation Agreement is hereby authorized.
SECTION 3. That this ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the,c~/'~day of ~ff~&g,- ,2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
HERBERT L. PROUTY, CITY ATTORNEY
S:\Our Documcnts\Ordinanccs\02\Intcrlocal Agrmt-UNT-Library community network.doc
INTERLOCAL AGREEMENT
THIS AGREEMENT is made and entered into by and between the UNIVERSITY OF
NORTH TEXAS (hereinafter "UNT"), a Texas State University, and the CITY OF DENTON,
TEXAS, a Texas Municipal Corporation (hereinafter "CITY"), acting by and through, and under the .
authority of their respective governing bodies; and
WHEREAS, the LINT and CITY are governmental entities both of whom have the authority
to perform the services set forth in this Agreement individually and who mutually desire to enter into
an interlocal agreement, which is authorized by Chapter 791 of the Texas Government Code (Vernon
1994), in order to maximize the benefits derived from each taxpayer dollar; and
WHEREAS, the CITY is a member of a collaborative effort to develop a community network
that provides increased access to shared information resources and its application for grant money to
help develop the community network was granted; and
WHEREAS, the application of grant money projected that volunteers would be a focal point
for being able to reach out and deliver the services to allow more members of the community access
to current technology; and
WHEREAS, the ability to develop a sustainable volunteer training program to train
volunteers in order to sustain continued volunteer involvement is essential; and
WHEREAS, LINT through its Center for Public Service can provide qualified personnel to
provide these services; and
WHEREAS, this Agreement serves important public purposes in providing library and public
information services to the constituents of the CITY; and
WHEREAS, UNT and CITY agree that all payments made in connection with the
governmental functions provided for by this Agreement shall be made from current revenues
available to the paying party and the payments received are adequate and fairly compensate the
parties for the services performed; and
WHEREAS, the Interlocal Cooperation Act, now contained in Chapter 791 of the Texas
Government Code (Vernon 1994), authorizes the UNT and CITY to enter into this Agreement for the
purpose of achieving the governmental functions and providing the services represented by this
collective, cooperative undertaking.
NOW THEREFORE, the UNT and CITY, for and inconsideration of the premises and the
mutual covenants set forth herein do hereby AGREE as follows:
ARTICLE 1
INCORPORATION OF PREAMBLES
All matters and recitations stated in the preamble of this Agreement are true and correct and
are hereby incorporated by reference into the provisions of this Agreement for all purposes.
ARTICLE 2
PURPOSE
The purpose of this Agreement is, as described in the preamble, to evidence the agreement of
· the UNT and CITY to provide for the FTE Volunteer Coordinator whose duties being generally
described in Exhibit "A" attached hereto and incorporated herein by reference.
ARTICLE 3
TERM
The term of this Agreement shall commence on the date on which all parties hereto have
executed this Agreement (the "Effective Date") and shall continue for a period of 12 months or until
terminated earlier in accordance with Article 8.
ARTICLE 4
SCOPE OF SERVICES
The CITY hereby contracts with UNT, as an independent contractor, and that UNT hereby
agrees to provide the services herein described.
Providing FTE Volunteer Coordinator to be responsible for building a sustainable volunteer
training program for the community network project.
If there is any conflict between the terms of this Agreement and the exhibits attached to this
Agreement, the terms and conditions of this Agreement will control over the terms and conditions of
the attached exhibits.
ARTICLE 5
COMPENSATION
In consideration for UNT's provision of a volunteer coordinator, CITY will pay to UNT a fee
not to exceed TWELVE THOUSAND DOLLARS AND NO CENTS to be paid on a monthly basis
at ONE THOUSAND DOLLARS AND NO CENTS. If contract terminated earlier pursuant to
Article 8 UNT shall be paid on for services provided at a pro rata rate.
ARTICLE 6
INDEPENDENT CONTRACTOR
UNT shall provide services to CITY as an independent contractor, not as an employee of the
CITY. UNT shall not have or claim any right arising from employee status. Nothing in this
Agreement shall be interpreted or construed so as to make UNT an employee, agent, or borrowed
servant of the CITY. Nothing in this Agreement shall be interpreted or construed so as to make the
employees of the CITY the servants, agents, or employees of UNT. CITY and the employees of the
CITY shall not be eligible for the employment benefits, including health and unemployment
insurance, and worker's compensation coverage, which are provided to employees of UNT.
ARTICLE 7
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties may agree to settle any disputes under this Agreement by submitting the dispute
to arbitration or other means of alternate dispute resolution, such as mediation. No arbitration or
· alternate dispute resolution arising out of or relating to this Agreement, involving one party's
disagreement, may include the other party to the disagreement without the other's approval.
ARTICLE 8
TERMINATION OF AGREEMENT
Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty
(30) days' advance written notice to the other party.
This Agreement may be terminated in whole or in part in the event of either party substantially
falling to fulfill its obligations under this Agreement. No such termination will be affected unless
the other party is given (1) written notice (delivered by certified mail, return receipt requested) of
intent to terminate and setting forth the reasons specifying the non-performance, and not less than
thirty (30) calendar days to cure the failure; and (2) an opportunity for consultation with the
terminating party prior to termination.
This Agreement shall terminate automatically upon either party's loss oflicensure or certification, or
upon the effective date of any change in statute, ordinance, role or regulation or action of
governmental authority prohibiting this arrangement or the services contemplated hereunder.
ARTICLE 9
NOTICES
All notices, communications, and reports required or permitted under this Agreement shall be
personally delivered or mailed to the respective parties by depositing same in the United States mail
to the address shown below, certified mail, return receipt requested, unless otherwise specified
herein. Mailed notices shall be deemed communicated as of three (3) days' mailing:
To UNT : To CITY:
City of Denton
Eva Poole
Denton Public Librat~
502 Oakland Street
Denton, Texas 76201
All notices shall be deemed effective upon receipt by the party to whom such notice is given,
or within:three (3) days' mailing.
ARTICLE 10
ENTIRE AGREEMENT
This Agreement, consisting of__(~___ pages and / exhibit, constitutes the complete and
final expression of the agreement of the parties, and is intended as a complete and exclusive
statement of the terms of their agreements, and supersedes all prior contemporaneous offers,
promises, representations, negotiations, discussions, communications, and agreements which may
have been made in connection with the subject matter hereof.
ARTICLE 11
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent jurisdiction to
be invalid or unenforceable, it shall be considered severable fi.om the rema'mder of this Agreement
and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall
reform this Agreement to replace such stricken provision with a valid and enforceable provision
which comes as close as possible to expressing the intention of the stricken provision.
ARTICLE 12
COMPLIANCE WITH LAWS
UNT shall comply with all federal, state, and local laws, rules, regUlations, and ordinances
applicable to the work covered hereunder as they may now read or hereinafter be amended.
ARTICLE 13
DISCRIMINATION PROHIBITED
In performing the services required hereunder, UNT shall not discriminate against any person
on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap.
ARTICLE 14
PERSONNEL
UNT represents that it has or will secure, at its own expense, all personnel required to
perform all the services required under this Agreement. Such personnel shall not be employees or
officers of, or have any contractual relations with the CITY. UNT shall inform the CITY of any
conflict of interest or potential conflict of interest that may arise during the term of this Agreement.
All services required hereunder will be performed by UNT or under its supervision. All
personnel engaged in work shall be qualified, and shall be authorized and permitted under state and
local laws to perform such services.
ARTICLE 15
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, or limitation
herein contained shall be valid unless in writing and duly executed by the party to be charged
therewith, and no evidence of any waiver or modification shall be offered or received in evidence in
any proceeding arising between the parties hereto out of or affecting this Agreement, or the fights or
obligations of the parties hereunder, and unless such waiver or modification is in writing and duly
executed; and the parties further agree that the provisions of this section will not be waived unless as
set forth herein.
ARTICLE 16
MISCELLANEOUS
The following exhibits are attached to and made a part of this Agreement:
Exhibit "A"
Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County,
Texas. This Agreement shall be construed in accordance with the laws of the State of Texas.
Force Majeure. Neither party shall be in violation of this Agreement if either party is, or if either
party reasonably determines that it is, prevented from performing its obligations for any reason
beyond its control, including without limitation, flood, storm, strikes, acts of God or the public
enemy.
The captions of this Agreement are for informational purposes only, and shall not in any way affect
the substantive terms or conditions of this Agreement.
IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its
duly authorized City Manager, an~d ~ has execs{ed tl~ Agreement through its duly authorized
undersigned officer on this the ~ day of ~ff~ , 2002.
UNIVERSITY OF NORTH TEXAS
CITY OF DENTON
Phillip C. Diebel
Vice President for Finance and Business Affairs
Euline Brock
Mayor
ATTEST:
ATTEST:
Secretary,
University of North Texas
State of Texas
~]y S~r~fary,
~ty of D6nton .,
APPROVED AS TO LEGAL FORM
~Ccncr.~l ...... '
APPROVED AS TO LEGAL FORM
Herbert L. Prouty, City Attorney
By. ~
Exhibit A
University of North Texas
Volunteer Coordination Implementation for Denton
Community Network
The Center for Public Service at the University of North Texas will contract the services
listed below to the Denton Coml~nnity Network for 12 months. The contract will
employ 24% of UNT's Service Learning Coordinator's time for an estimated $9500.00.
UNT Service-Learning Office (Center for Public Sen, ice) will do the following:
1. Devalop sustainable volunteer program through creation of volunteer committee
(August 2002)
2. Create a plan for recruiting volunteers (August 2002)
3. Create policies, procedures, .and record keeping systems (September 2002)
4. Create risk management policy for volunteers (September 2002)
5. Create Volunteer Manual (October 2002)
6. Schedule Volunteer Orientations and Trainings (as needed by Network sites)
7. Plan Volunteer Recognition event (April 2003)
8. Handle calls pertaining to volunteerism
9. Report volunteer activity as required
10. Publicize volunteer opportunities regularly as determined by committee