2001-469 O CENO
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 authorized 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 lnterlocal
contract with 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 in her absence, the Mayor Pro Tem, is authorized to
execute an Interlocal Cooperation Agreement for Library Services with Denton County
substantially m 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 th~s the //~ ~ day of ~~.~:~, 2001
EULINE BROCK, ~I~XYOI~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
F \sharcdXdept\LGL\Our Documents\Ordmances\01\County L~brary 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 "COI/NTY," and the City of Denton, a municipality
of Denton County, Texas, hereinafter referred to as
"MUNICIPALITY "
WHEREAS, COUNTY is a duly organized political subdivision of
the State of Texas engaged in the administration of COI/NTY
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
M-u-NICIPALITY, and
WHEREAS, both M%INICIPALITY and COUNTY are legally authorized
to perform individually the functions or services set forth in
this Contract in full compliance with 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, COLTNTY and M'u-NICIPALITY mutually desire to be
subject to the provIsions of V T C A , Government Code Chapter
INTERLOCAL COOPERATION AGREEMENT 1
LIBRARY SERVICES 2001-2002
CITY OF DENTON
791, the Interlocal Cooperation Act, and V T C A , Local
Government Code Chapter 323, COUNTY LibrarIes
NOW, THEREFORE, COUNTY and MI/NICIPALITY, for the mutual
conszderatlon hereinafter stated, agree and understand as
follows
I
The term of this agreement shall be for the period from
October 1, 2001 through September 30, 2002
II
For the purposes and conslderatzon herein stated and
contemplated, MUNICIPALITY shall provide l~brary servzces for the
residents of COUNTY without regard to race, religion, color, age,
d~sabzl~ty and/or national origin Upon proper proof by
zndlvmdual(s) of reszdence in Denton County, Texas, such
zndlv~dual(s) shall be entztled to be issued, at no cost, a
lmbrary card to be used zn connectmon wmth sazd lmbrary servzces
MUNICIPALITY shall develop and mazntazn through the Library
one or more of the followzng programs of servzce
Educatmonal and readzng ~ncentmve programs and
materials for youth
Functzonal lzteracy materials and/or tutorzng programs
for adults
Job training/career development programs amd/or
matermals for all ages
Outreach services to eliminate barrmers to library
services
Educational programs designed to enhance quality of
life for adults
INTERLOCAL COOPERATION AGREEMENT 2
LIBRARY SERVICES 200t-2002
CiTY OF DENTON
III
COUNTY designates the County Judge to act on behalf of
COUNTY and serve as liaison officer for COUNTY w~th and between
~OUNTY and MUNICIPALITY The County Judge or h~s 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 sa~d duties on behalf of
COUNTY in full compliance with the terms and conditions of this
agreement, and shall provide immediate and direct 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 Eva Poole to act on
~ehalf of MUNICIPALITY and to serve as l~a~son officer of
MUNICIPALITY with and between MUNICIPALITY and COUNTY to insure
the performance of all duties and obligations of MUNICIPALITY as
here~n stated and shall devote suffIcient time and attention to
the execution of sa~d duties on behalf of MUNICIPALITY in full
compliance with the terms and conditions 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 th~s
agreement for the mutual benefit of MUNICIPALITY and COUNTY
MUNICIPALITY shall provide to COUNTY a copy of the annual
report submitted to the Texas State Library and shall respond to
[NTERLOCAk COOPERATION AQREEMENT 3
LIBRARY SERVICES 2001-2002
CI~ OF DENTON
COUNTY's annual questionnaire as documentation of expenditures
and provision of service
V
The MUNICIPALITY 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 th~s agreement, shall insure, 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
~UNICIPALITY stated in this agreement and give all attention
necessary for such proper supervision and d~rectzon
VI
The MUNICIPALITY agrees that its library department shall
assume the functions of a COUNTY library and agrees to provide a
librarian who holds or secures a COLrNTY librarian's certificate
from the Texas State Library and Archives Commission Local
Government Code, section 323 011(b)
VII
COUNTY agrees to and accepts full responsmblllty for the
acts, negligence and/or ommssmons 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
The MUNICIPALITY agrees and accepts full responsibility for
the acts, negligence, and/or omissions of all the MUNICIPALITY's
INTERLOCAL COOPERATION AGREEMENT 4
LIBRARY SE~ICES 2001 2002
CI~ OF DENTON
employees, agents, sub-contracts, and/or contract laborers, and
for those of all other persons doing work under a contract or
agreement with said MUNICIPALITY
IX
This agreement is not intended to extend the lIability of
~he parties beyond that provided by law Neither MUNICIPALITY
nor COD-NT¥ waives any immunity or defense that would otherwise be
available to it against claims by third parties
X
MUNICIPALITY 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 COUI~TY
XI
COUI~fY understands and agrees that COUNTY, its employees,
servants, agents and representatives shall at no time represent
hemselves to be employees, servants, agents, and/or
representatives of MZ~NICIPALITY
XII
The address of County ms
County Judge, Denton County
110 West H~ckory
Denton, Texas 76201
Telephone 940-349-2820
The address of Munmclpallty is
Cmty of Denton
502 Oakland Street
Denton, Texas 76201
Attention Eva Poole
Telephone 940-349-8566
INTERLOCAL COOPERATION AGREEMENT 5
,BRARY SERVICES 2001 2002
,TY OF DENTON
XIII
For the full performance of the services above stated,
COUNTY agrees to pay ~U~ICIPALITY fees as described herein
COUNTY shall pay MUNICIPALITY fees in the amount of $1 25 per
capmta, for a total of ONE HUNDRED THIRTY-TWO THOUSAND THREE
HUIN'DRED NINE DOLLARS A_ND NO/100 ($132,309 00), based upon North
Central Texas Councml of Governments population fmgures provided
~o Denton County by the Library Advisory Board, payable mn equal
quarterly mnstallments to ~3NICIPALITY commencing October 1, 2001
In addltmon, the COUNTY agrees to pay MUNICIPALITY an amount not
to exceed TEN THOUSAND DOLLARS AND NO/100THS ($10,000) in
matching funds upon the followIng condmt~ons 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
Thms agreement may be terminated at any time, as '~tated in
Local Government Cod 323 011 ( c ), by either party giving slx
(6) months advance written notmce to the other party In the
event of such termination by either party, MUNICIPALITY shall be
compensated pro rata for all services performed to termination
INTERLOCAL COOPERATION AGREEMENT 6
LIBRARY SERVICES 200t 2002
CITY OF DENTON
date, together with reimbursable expenses then due and as
authorized by this agreement In the event of such termination,
should MUNICIPALITY 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 remmbursed pro rata for all such
overcompensatmon Acceptance of such reimbursement shall not
constmtute a wamver of any claim that may otherwise armse out of
thms agreement
XV
This agreement represents the entire and integrated
agreement between MUNICIPALITY and COUNTY and supersedes all
prior negotmatlons, representations and/or agreements, emther
written or oral This agreement may be amended only by wrmtten
instrument smgned by both MUNICIPALITY and COUNTY
XVI
The valmdmty of thms agreement and any of its terms or
provmsmons, as well as the rights and duties of the partmes
hereto, shall be governed by the laws of the State of Texas
Further, thms agreement shall be performable and all compensatmon
payable mn Denton County, Texas
XVII
In the event that any portmon of thms agreement shall be
found to be contrary to law, it ms the mntent of the partmes
hereto that the remamnmng portions shall remamn valid and mn full
force and effect to the extent possible
INTERLOCAL COOPERATION AGREEMENT 7
LIBRARY 8ERVICES 2001-2002
CITY OF DENTON
XVIII
The undersigned officers and/or agents of the parties hereto
are the properly authorized officials and have the necessary
authority to execute this agreement on behalf of the parties
hereto and each party hereby certIfies to the other that any
necessary orders or resolutions extending said authority have
been duly passed and are now ~n full force and effect
INTERLOCAL COOPERATION AGREEMENT 8
LIBRARY SERVICES 2001 2002
CITY OF DENTON
Executed on December 18~ 2001 , 2001 in duplicate
originals in Denton County, Texas by the authorized
representatives
COUNTY MUNICIPALITY
g~ty Judge /-- /5-O'~ Name Roni
Tltle Mayor Pro Tern
Acting on behalf of an~,~,,z Ordinance
authority of the Com~%'=~ ~ ~ 2001-469
of Denton Cou~~~%~Dated December 18~ 2001
Court
ST =~: S ~TTEST
~~ ~ ~ecr~t ar~
APPROVED AS TO FORM APPROVED AS TO FORM
Asslst/nt Dlstr~ct Attorney City Attorney
APPROVED AS TO CONTENT
Director, Llb~v~ces
INTERLOCAL COOPERATION AGREEMENT 9
LIBRARY EERVICEE 200t 2002
CiTY OF DENTON