2002-229AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND
TEXAS WOMAN'S UNIVERSITY TO PROVIDE A FINAL PROJECT
EVALUATION FOR THE DENTON COMMUNITY NETWORK; 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 Texas Woman's University to provide a final
project evaluation for the Denton Community Network, substantially in accordance with
the Interlocal 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_ .~A dday of ~ 1~- , 2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
HERBERT L. PROUTY, CITY ATTORNEY
By:
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INTERLOCAL AGREEMENT
TH/S AGREEMENT is made and entered into by and between the TEXAS WOMAN'S
UNIVERSITY (hereinafter "TWU"), 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 TWU 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 inteflocal 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 resoumes and its application for
grant money to help develop the community network was granted; and
WHEREAS, the application of grant money required a project evaluation; and
WHEREAS, TWU 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, TWU 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 Inteflocal Cooperation Act, now conta'med in Chapter 791 of the Texas
Government Code (Vernon 1994), authorizes the TWU 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 TWIJ 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
1
The purpose of this Agreement is, as described in the preamble, to evidence the
agreement of the TWU and CITY to provide for final project evaluation which is generally
described in Exhibit "A" attached hereto and incorp.orated herein by reference.
ARTICLE 3
TERM'
The term of this A~reement shall commence on the date on which all parties hereto have
executed this Agreement (the "Effective Date") and shall continue until terminated in accordance
with Article 8.
ARTICLE 4
SCOPE OF SERVICES
The CITY hereby contracts with TWU, as an independent contractor, and that TWU
hereby agrees to provide the services herein described.
Providing a project evaluation of the community network systeTM as r~quired by the grant
application.
........ 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 I~tU's provision, ora volunteer coordinator, CITY.will pay to TWU
a fee not to exceed'FOUR THOUSAND DOLLARS AND NO CENTS.
ARTICLE 6
INDEPENDENT CONTRACTOR
- TWU shall provide services to CITY as an independent contractor, not as an employee of
the CITY. TWU shall not have or claim any right arising f~om employee status. Nothing in this
Agreement shall be interpreted or construed so as to make TWU 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 TWU. 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 TWU.
ARTICLE 7
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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
...... failing to ill!fill its .ob!iga!!o~s..under tNS Agreeme~nL..No..suc~h t~atio.~.will _be.affe~ed..
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 00) 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 of licensure or
certification, or upon the effective date of any change in statute, ordinance, rule or regulation or
action of governmental authority prohibiting this arrangement or the services contemplated
hereunder.
ARTICLE 9
NOTICES
All notices, communications, and repons required or permitted under this A~reement
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' m~iling:
To TWU: To CITY:
Dr. Sondra Ferstl
Office of Research & Grants Administration
Texas Woman's University
P.O. Box 425619 TWU Sta.
Denton, Texas 76204
City of Denton
Eva Poole
Denton Public Library
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 ....
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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 remainder 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
TWU 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, TWU 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
TWU 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. TWU shall inform the CITY of
any conflict of interest or potential conflict of interest that may arise during the term of this
Agreement. It is expected that Dr. Susan Ward will the main employee assigned to do the
evaluation.
All services required hereunder will be performed by TWU 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.
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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
rights 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 apart of this Agreement:
Exhibit "A"
Venue of any suit or cause of action under this Agreemem 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.inf°rmational purposes..onlyi~ 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, and ~'r~v~,.jhas execute~this ~greement through its duly
: ".' authorizedun~ersignedoffice~0nthisth~Yxc/-- dayof ~q~.P'~_ ,2002.
· TEXAS WOMAN'S UNIVERSITY CITY OF DENTON
Lois.C. Smith- Euline Brock
Interim Provost Mayor
.... ' :A~FTEsT: Al'TEST:
Susan Ward
Texas Woman's University
State of Texas
~ty of Denton
APPROVED AS TO LEGAL FORM
John Lawhon, General Counsel
APPROVED AS TO LEGAL FORM
Herbert L. Prouty, City Attorney
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Denton Community Network
Evaluation Plan
Attachment
Evaluation Questions, Strategies, and Specific Tasks
Including
The Individuals Responsible and Schedule of Reports.
Purpose of the Contract
Process (Planning), impact (short-term), and outcome (long-term) evaluations will be
conducted to measure the success of the Denton community Network project. An
evaluation team from Texas Woman's University will conduct the external evaluation
work. The Project Director will conduct internal evaluations. Dr. Susan Ward, Professor
and Chair of the Department of Health Studies at Texas Woman's University will oversee
the project evaluation. The evaluation questions follow:
Evaluation Questions
Process (Planning and operation)
1. Were public meetings well publicized throughout the community?
2. Were comments received from individuals representing all community subgroups7
and living areas?
3. Were survey translations conducted in such a way that instrument validity and
reliability were maintained?
4. Are the access sites maintained adequately?
5. What perceptions do Denton citizens hold about the Denton Community Network?
Impact 1. What is the increase in the number of public use Internet workstations bom
beginning to end of the project.
2. How many community organizations are linking or sharing information on the
Denton Community Network?
3. How many onsite training sessions including the number of people involved have
been conducted?
4. How many online training sessions have been utilized?
5. Were participants satisfied with their training?
Outcome 1. How many citizens access information through the Denton Community Network?
2. How has Denton Community Network served individuals in the community?
Data Collection
Data will be collected in a variety of ways using a combination of qualitative and
quantitative methods. The proposed evaluation methods corresponding to the evaluation
questions follow. The evaluation team will comply also with any evaluation requirements
determined by the Telecommunications Infrastructure Fund Board.
1. All advertising and survey distribution sites will be tracked and mapped. Any
areas of the community that have been left out will be identified and the
Leadership Committee will be notified. The Leadership Committee will then
make certain that the problem is resolved. Dr. Susan Ward, Dr. Roger Shipley
and a work study student from TWU will perform the following tasks.
a. Identify individual who will be conducting the advertising.
b. List advertising strategies and target populations.
c. Map areas of community covered by distribution plan.
d. Identify areas of community that might have been missed.
e. Report to Leadership Committee on a quarterly basis beginning September
30, 2002.
2. BaCk translation will be utilized to ensure the validity of the survey instruments
that are translated. This is a process in which bilingual individuals first translate
the instrument to the target language and then others translate it back to English.
A valid instrument will retain the same meaning throughout the process, Other
measures that will be used to ensure the validity and reliability of the survey
instruments will include reviews by panels of experts and estimation of interual
consistency through a pilot study. Instruments will be adjusted until they are
reliable and valid. Dr. Susan Ward, Dr. Roger Shipley and a work study student
from TWU will perform the following tasks.
a. Descn'be the instrument development process for the initial instrument in
report format. Identify the strategies used to determine validity.
b. List instruments (surveys) that will be used in the future and the
individuals responsible for the development.
c. Assist instrument developers in determining validity.
d. Report to the leadership committee on a quarterly basis beginning on
September 30, 2002.
3. A record oflnternet workstation problems will be kept so that an appropriate
maintenance schedule can be identified. Once the schedule has been identified,
maintenance records will he kept. The Leadership Committee will be informed if
schedules are not met or if more frequent maintenance is required at specific sites.
They will oversee changes in maintenance schedules. Dr. Susan Ward, Dr. Roger
Shipley and a work study student from TWU will perform the following tasks.
a. Create a workstation problem log or assist in its creation.
b. Disseminate log at workstation sites.
c. Identify individuals who will complete the logs and return them to TWU.
d. Analyze problem types and create a maintenance schedule.
e. Report to the Leadership Committee on a quarterly basis.
4. Four focus groups will be conducted though out the grant period, The purpose of
the focus groups will be to ascertain the level of awareness of the project and the
perceptions held about it. Volunteer Denton citizens will be used in the focus
groups. Should focus group data show that Denton citizens are not aware of the
project, the Leadership Committee will be notified so that they can improve
promotion of the network. Dr. Susan Ward, Dr. Roger Shipley and a work study
~tudent from TWU will perform the following tasks.
a. Conduct one focus group in the fall of 2002 and one in the spring of 2003.
b. Analyze the results of the discussions
c. Report them to the Leadership Committee beginning in December 20021.
Impact
1. The number of operational Interuet workstations will be tracked. Pre and post
program numbers will be compared. This number should increase over time.
Dr. Susan Ward, Dr. Roger Shipley and a work study student from TWU will
perform the following tasks.
d. Create a paRicipation log or assist in its creation.
e. Disseminate log at workstation sites.
f. Identify individuals who will complete the logs and return them to TWU.
g. Analyze paRrticipation rates.
h. Report to the Leadership Committee on a quaRerly basis.
5. The number and types of community organizations linking with the Denton
Community Network will be tracked monthly. The number should increase over
time. Dr. Susan Ward, Dr. Roger Shlpley and a work study student from TWU
will perform the following tasks.
a. Create a create a community organization participation chaRrt or assist in its
creation.
b. Identify the individual who will complete the chert and return it to TWU..
c, Report to the Leadership Committee on a quaRerly basis beginning in
September 2002.
6. The number ofonsite training sessions will be tracked and the number of
individuals participating in the training sessions will be recorded, Dr, Susan
Ward, Dr. Roger Shlpley and a work study student from TWU will perform the
following tasks.
a. Create a create a training session paRrticipation log or assist in its creation.
b. Identify the individuals who will complete the char and return it to TWU..
c. Report to the Leadership Committee on a quarterly basis beginning in
September 2002.
7. The number of individuais utilized online training sessions will be recorded
automatically when the program is accessed. Dr. Susan Ward, Dr. Roger Shipley
and a work study student from TWU will perform the following tasks.
a. Identify the individuals who will collect data on online use and forward it
to TWU_
b. Report to the Leadership Committee on a quarterly basis beginning in
September 2002.
8. Satisfaction surveys will be used aRer each training session. Future training
sessions will be revised according to participant comment. Dr. Susan Ward, Dr.
Roger Shipley and a work study student from TWU will perform the following
tasks.
a.
b.
Create a participant satisfaction survey or assist in its creation.
Identify the individuals who will make certain that participants give our
surveys and return them to TWU,
Analyze satisfaction data.
Report to the Leadership Committee on a quarterly basis beginning in
September 2002.
Outcome
1. The number of individuals using the workstations will be recorded and reported
on a monthly basis.
2, At least 20 citizens who have accessed a workstation will be interviewed to
ascertain their perceptions of the benefits of the Denton Community Network to
them as individuals.
This portion of the project will be conducted al[er the first year of the project.
Evaluation Results and Reports
Quantitative data will be analyzed using SPSS PC. Descriptive statistics will be used
primarily but t-tests or ANOVAs will be used when necessary to make statistical
comparisons. A quarterly evaluation report will be written and 8~ven to the Leade ship
Committee. The first report will be due on September 30, 2002 and then a report will be
due at the end of each 3-month period.
Evaluation Budget
Total Amoum $4,000.
Personnel
Dr. Susan Ward
Fringe Benefits
Total personnel
Wages
Temp
6% of 9 month salary 2554.
17% of salary 434
100 hours at $10.O0/hour $1000