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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