2002-230AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND
NORTH CENTRAL TEXAS COLLEGE (NCTC) TO PROVIDE CLASS TRAINING
AND ASSISTANCE TO VOLUNTEER COORDINATOR 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 North Central Texas College (NCTC) to provide
class training and assistant to volunteer coordinator 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 th .~_ ~ day of (~,' ~d .4..- ,2002.
EUL1NE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
HERBERT L. PROUTY, CITY ATTORNEY
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INTERLOCAL AGREEMENT
THIS AGREEMENT is made and entered into by and between the NORTH CENTRAL
TEXAS COLLEGE (hereinafter "NCTC"), a Texas Public Junior College, 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, NCTC 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 provides funds for the training of volunteers;
and
WHEREAS, NCTC can provide these training services; and
WHEREAS, this Agreement serves important public purposes in providing library and
public information services to the constituents of the CITY; and
WHEREAS, NCTC 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
WI-IEREAS, the Interlocal Cooperation Act, now contained in Chapter 791 of the Texas
Government Code (Vernon 1994), authorizes the NCTC 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 NCTC and CITY, for and in consideration 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
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PURPOSE
The purpose of this Agreement is, as described in the preamble, to evidence the
agreement of the NCTC and CITY to provide for training services which is 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 until terminated in accordance
with Article 8.
ARTICLE 4
SCOPE OF SERVICES
The CITY hereby contracts with NCTC as an independent contractor, and that NCTC
hereby agrees to provide the services herein described.
Providing a project evaluation of the community network system as required 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 NCTC's provision of volunteer training, CITY will pay to NCTC a
fee not to exceed EIGHTEEN THOUSAND DOLLARS AND NO CENTS to be paid pursuant
to terms listed in Exhibit A and B which are incorporated herein.
ARTICLE 6
iNDEPENDENT CONTRACTOR
NCTC shall provide services to CITY as an independent contractor, not as an employee
of the CITY. NCTC shall not have or claim any right arising from employee status. Nothing in
this Agreement shall be interpreted or construed so as to make NCTC 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 NCTC. 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 NCTC.
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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
Notwithstand'mg 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 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 opportmfity 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, 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 NCTC :North Central Texas College
1525 W. California St.
Gainesville, TX 76240
Donna King
Dean of ContinuingEducation
To CITY:
City of Denton
Eva Poolc
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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ARTICLE 10
ENTIRE AGREEMENT
This Agreement, consisting of ~ pages and o,~ 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 from 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
NCTC 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, NCTC 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
NCTC 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. NCTC 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. Donna King will the main employee assigned to do the
evaluation.
All services required hereunder will be performed by NCTC 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 1 $
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 a part of this Agreement:
Exhibit "A"
Exhibit "B"
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, and NCTC_h, as executed this Agreement through its duly
authorized undersigned officer on this the ~..~__g~Z. day of ~c~.~-, ,2002.
NORTH CENTRAL TEXAS COLLEGE
CITY OF DENTON
Euline Brock
Mayor
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ATTEST:
Secret~ryl ~)
North Central Texas College
State of Texas
APPROVED AS TO LEGAL FORM
, General Counsel
By:
ATTEST:
tgity of D~nton
APPROVED AS TO LEGAL FORM
Herbert L. Prouty, City Attorney
EXHIBIT A
As specified in this grant, North Central Texas College will provide training for Denton
Community Network Volunteers 12 instructional hours per quarter. Additionally, fees
paid to NCTC will manage curriculum development cost, class preparation costs,
instructional costs, troubleshooting, and volunteer consultation and mentoring.
Volunteer training will be divided into three topic areas:
· CTC organization
o Set up and Organization
o Working with participants and dealing with demands
o Denton Community Network house rules
o Record keeping
Direct Services
o Foundation series
· First Time Users
· Care & Feeding of your Computer
· Email basics
o Introduction to the Internet
o Office Applications
o Other topics as requested or needed by DCN volunteers
· Volunteer consultation and mentoring
In consideration for NCTC's provision of volunteer training, CITY will pay to NCTC
a fee not to exceed EIGHTEEN THOUSAND DOLLARS AND NO CENTS to be
hilled quarterly with the initial 25% due on signing date.
Exhibit B
ANNUAL COST: ................................................ $18,000
Volunteer CTC Staff Training
$4,500 per quarter X 4 quarters
PER QUARTER COST: ......................................... $4,500
CTC Organization .......................................................... $1,260
Direct Services .............................................................. $1,260
Volunteer Consultation and Mentoring ..................................... $1,050
All Class Preparations/Curriculum Development- .......................... $930
and Consultation/Mentoring Response