2001-038 ORD CE NO 001-
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL
COOPERATION AGREEMENT WITH DENTON COUNTY FOR LIBRARY SERVICES,
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, both the City of Denton and Denton County are political subdivisions of the
State of Texas that are anthonzed to enter into lnterlocal contracts under TEX GOV'T CODE,
ch 791 and TEX LOCAL GOV'T CODE, ch 323, and
WHEREAS, the City Council deems it in the public interest to enter into this interlocal
contract w~th Denton County to provide library services for Denton County, NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION 1 That the Mayor, or m her absence, the Mayor Pro Tern, is authorized to
execute an Interlocal Cooperation Agreement for Library Services with Denton County
substantially in the form of the contract which is attached hereto and made a part of this
ordinance for all purposes
SECTION 2 That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED thls the ~'~ dayof '.~/tS~.Z,/~ ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
F \shared~dept~LGL\Our Docum~nts\Ordmances\00\Coun ty Library Agreement doc
STATE OF TEXAS, )
)
COUNTY OF DENTON )
INTERLOCAL COOPERATION AGREEMENT FOR LIBRARY SERVICES
THIS AGREEMENT is made and entered into by and between
Denton County, a political subdivision of Texas, hereinafter
referred to as "COUNTY," and the City of Denton, a municipality
of Denton County, Texas, hereinafter referred to as
"MUNICIPALITY "
WHEREAS, COUNTY lSa duly organized politIcal subdivision of
the State of Texas engaged in the administration of COUNTY
government and related services for the benefit of the citizens
of Denton County, and
WHEREAS, the City of Denton is a duly organized MUNICIPALITY
of Denton County, Texas engaged in the provision of library
service and related services for the benefit of the citizens of
MUNICIPALITY, and
WHEREAS, both MUNICIPALITY and COUNTY are legally authorized
to perform individually the functions or services set forth in
this Contract in full compliance w~th V T C A , Local Government
Code § 791 011(e) (2), and
WHEREAS, COUNTY has requested and MUNICIPALITY has agreed to
provide library services for all residents of Denton County, and
WHEREAS, COUNTY and MUNICIPALITY mutually desire to be
subject to the provisIons of V T C A , Government Code Chapter
INTERLOCAL COOPERATION AGREEMENT 1
LIBRARY SERVICES 2000 2001
CITY OF DENTON
791, the Interlocal Cooperation Act, and V T C A , Local
Government Code Chapter 323, COUNTY Libraries
NOW, THEREFORE, COUNTY and MUNICIPALITY, for the mutual
consideration hereinafter stated, agree and understand as
follows
I
The term of th~s agreement shall be for the per~od from
October 1, 2000 through September 30, 2001
II
For the purposes and consideration here~n stated and
contemplated, MI3NICIPALITY shall provide library services for the
residents of COUNTY without regard to race, religion, color, age,
d~sab~llty and/or national orlg~n Upon proper proof by
individual(s) of residence in Denton County, Texas, such
individual(s) shall be entitled to be ~ssued, at no cost, a
l~brary card to be used in connection with said library services
MUNICIPALITY shall develop and maintain through the Library
one or more of the following programs of service
Educational and reading incentive programs and
materials for youth
Functional literacy materials and/or tutoring programs
for adults
Job training/career development programs and/or
materials for all ages
Outreach services to eliminate barriers to l~brary
services
Educational programs designed to enhance quality of
life for adults
INTERLOCAL COOPERATION AGREEMENT 2
LIBRARY ~IERVICES 2000 200'1
CITY OF DENTON
III
COUNTY designates the County Judge to act on behalf of
COUNTY and serve as liaison officer for COUNTY with and between
COUNTY and ~JNICIPALIT¥ The County Judge or his designated
substitute shall insure the performance of all duties and
obligations of COUNTY herein stated and shall devote sufficient
time and attention to the execution of said duties on behalf of
COUNTY in full compliance with the terms and condItions of th~s
agreement, and shall provide immediate and d~rect supervision of
COUNTY's employees, agents, contractors, sub-contractors, and/or
laborers, if any, in the furtherance of the purposes, terms and
conditions of this agreement for the mutual benefit of COUNTY and
MUNICIPALITY
IV
MUNICIPALITY shall designate D~rector of L~brary Services
to act on behalf of MUNICIPALITY and to serve as liaison officer
of MUNICIPALITY w~th and between MUNICIPALITY and COUNTY to
insure the performance of all duties and obligations of
MUNICIPALITY as herein stated and shall devote sufficient time
and attention to the execution of said duties on behalf of
MUNICIPALITY in full compliance with the terms and condltzons of
this agreement, and, shall provide management of MUNICIPALITY's
employees, agents, contractors, sub-contractors, and/or laborers,
if any, in the furtherance of the purposes, terms and conditions
of this agreement for the mutual benefit of MUNICIPALITY and
COUNTY
INTERLOCAL COOPERATION AGREEMENT 3
LIBRARY SERVICES 2000 200t
CITY OF DENTON
MUNICIPALITY shall provide to COUNTY a copy of the annual
report submitted to the Texas State Library and shall respond to
COUNTY's annual questionnaire as documentation of expenditures
and provision of service
V
The ~U~ICIPA~IT¥ shall be solely responsible for all
techniques, sequences, procedures, and means and for the
coordination of all work performed under the terms and conditions
of this agreement, shall ~nsure, dedicate and devote the full
time and attention of those employees necessary for the proper
execution and completion of the duties and obligations of the
~u'NICI~A~IT¥ stated in this agreement and give all attention
necessary for such proper supervzszon and dzrectzon
VI
The ~'NICI~A~ITY agrees that its library department shall
assume the functzons of a COUNTY lzbrary and agrees to provide a
llbrarzan who holds or secures a COUNTY lzbrarzan's certzfzcate
from the Texas State Library and Archives Commzsszon Local
Government Code, sectzon 323 011(b)
VII
COUNTY agrees to 'and accepts full responsibility for the
acts, neglzgence and/or omissions of all COUNTY's employees,
agents, sub-contractors, and/or contract laborers and for those
of all other persons doing work under a contract or agreement
w~th the COUNTY
VIII
INTERLOCAL COOPERATION AGREEMENT 4
LIBRARY SERVICEE 2000 2001
CITY OF DENTON
The ~UNICIPALITY agrees and accepts full responsibility for
the acts, negligence, and/or omissions of all the M-u'NICIPALIT¥'s
employees, agents, sub-contracts, and/or contract laborers, and
for those of all other persons doing work under a contract or
agreement with sald~UNICIPALIT¥
IX
This agreement zs not intended to extend the lIability of
the parties beyond that provided by law Neither ~ICIPALITY
nor COUNTY waives any immunity or defense that would otherwzse be
available to it against claims by third parties
X
~-U-NICIPALIT¥ understands and agrees that the MUNICIPALITY,
its employees, servants, agents and representatives shall at no
time represent themselves to be employees, servants, agents
and/or representatives of COUNTY
XI
COD'NTY understands and agrees that COUNTY, its employees,
servants, agents and representatives shall at no t~me represent
themselves to be employees, servants, agents, and/or
representatives of MUNICIPALITY
XII
The address of County is
County Judge, Denton County
110 West Hickory
Denton, Texas 76201
Telephone 940-565-8687
The address of Munlczpallty is
C~ty of Denton
215 East McKlnney
INTERLOCAL COOPERATION AGREEMENT 5
LIBRARY SERVICES 2000 200t
CITY OF DENTON
Denton, Texas 76201
Attention Director of Library Services
Telephone 940-349-8200
XIII
For the full performance of the services above stated,
COUNTY agrees to pay ~UNICIPALITY fees as described herein
COUNTY shall pay ~NICIPALiTY fees in the amount of $1 25 per
capita, for a total of ONE HUNDRED TWENTY-FOUR THOUSAND NINE
HUNDRED SEVENTY-ONE DOLLARS AND NO/100 ($124,971.00), based upon
North Central Texas Council of Governments population figures
provided to Denton County by the Library Advisory Board, payable
in equal quarterly installments to MUNICIPALITY commencing
October 1, 2000 In addition, the COUNTY agrees to pay
MUNICIPALITY an amount not to exceed TEN THOUSAND DOLLARS
($10,000) in matching funds upon the following conditions
MUNICIPALITY shall attempt to secure funding from sources other
than Denton County Upon receipt of additional funding,
MUNICIPALITY shall provide proof of the receipt of such funds to
the Denton County Auditor on a quarterly basis Denton County
shall match MUNICIPALITY's additional funding in an amount not to
exceed $10,000.00 Payment by COUNTY to MUNICIPALITY shall be
made in accordance with the normal and customary processes and
business procedures of COUNTY, and payment shall be satisfied
from current revenues of the COUNTY
XIV
This agreement may be terminated at any time, as stated in
Local Government Code 323 011 ( c ), by e~ther party giving SlX
(6) months advance written notice to the other party In the
INTERLOCAL COOPERATION AGREEMENT 6
LIBRARY SERVICE8 20006001
CI~ OF DENTON
event of such termination by either party, MUNICIPALITY shall be
compensated pro rata for all services performed to termination
date, together with reimbursable expenses then due and as
authorized by this agreement In the event of such termination,
should ~'g~ICIPALIT¥ be overcompensated on a pro rata basis for
all services performed to termination date or be overcompensated
for reimbursable expenses as authorized by this agreement, then
COUNTY shall be reimbursed pro rata for all such
overcompensatlon Acceptance of such reimbursement shall not
constltute a waiver of any claim that may otherwise arise out of
th~s agreement
XV
Thms agreement represents the entire and mntegrated
agreement between ~-glqICIPA~IT¥ and COUNTY and supersedes all
prior negotmatmons, representatmons and/or agreements, either
written or oral This agreement may be amended only by written
instrument smgned by both ~ICIPALIT¥ and COUNTY
XVI
The valmdmty of thms agreement and any of its terms or
provmsmons, as well as the r~ghts and duties of the partmes
hereto, shall be governed by the laws of the State of Texas
Further, this agreement shall be performable and all compensation
payable mn Denton County, Texas
XVII
In the event that any portion of this agreement shall be
found to be contrary to law, mt ls the intent of the partmes
INTERLOCAL COOPERATION AGREEMENT 7
LIBRARY :SERVICEE 2000-2001
CITY OF DENTON
hereto that the remaining portions shall remain valid and in full
force and effect to the extent possible
XVIII
The underszgned officers and/or agents of the part~es hereto
are the properly authorIzed officials and have the necessary
authority to execute th~s agreement on behalf of the parties
hereto and each party hereby certifies to the other that any
necessary orders or resolutIons extending sa~d authorzty have
been duly passed and are now ~n full force and effect
INTERLOCAL COOPERATION AGREEMENT 8
LIBRARY SERVICE8 2000 200'1
CITY OF DENTON
Executed on ~ ~ , 2001 in duplicate
originals ~n Denton County, Texas by the authorized
representatives
COUNTY MUNICIPALITY
By S'CSt[ Armey/ '~ By ~
Eul lne Brock
County Judge Mayor
Acting on behalf of~..~ ~% 0rdlnanc0
authority of the --~'~'-'"~'~' o ¢,-~so~o~ %~ 2001-038
Court of Denton C~~ Daged F0br~ary 6~ 2001
)enton County Clerk ~it~-~cretary
APPROVED AS TO FORM APPROVED AS TO FORM
Assistant D~strlct At y / C~ty Attorney Herbert L Prouty
APPROVED AS TO CONTENT
D~rector, L~brary Services
INTERLOCAL COOPERATION AGREEMENT 9
LIBRARY SERVICES 2000 200'1
CITY OF DENTON