1999-456AN 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 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 semees for Denton County, NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
.~ That the Mayor, or in his absence, the Mayor Pro Tern, IS authorized to
execute an Interloeal 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
~ That this orchnanee shall become effective immediately upon its passage
and approval
PASSED ANDAPPROVEDthIsthe /'-/¢ dayof ~/~//.J] ,1999
JACK N~R~ MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
F \shared~ep6LOL\Our Documents\Ordmances\99\County Dbrary Agreement doc
STATE OF TEXAS, )
)ss
COUNTY OF DENTON )
INTERLOCAL COOPERATION AGREEMENT FOR LIBP~%RY 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 is a 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, Municipality 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
Munlclpal~ty, and
WHEREAS, Both Municipality 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 llbrary 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
791, the Interlocal Cooperation Act, and V T C A , Local
Government Code Chapter 323, County Libraries
DENTON LIBRARY 1999-00 I
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, 1999 through September 30, 2000
II
For the purposes and consideration herein stated and
contemplated, Municipality shall provide l~brary servlces for the
residents of County without regard to race, religion, color, age,
dlsabil~ty and/or national or~g~n Upon proper proof by
individual(s) of residence an Denton County, Texas, such
· nd~v~dual(s) shall be entitled to be ~ssued, at no cost, a
library card to be used in connection w~th these l~brary
services
Municipality shall develop and maintain through the L~brary
one or more of the following programs of service
Educational and reading ~ncentive programs and
materials for youth.
Functional l~teracy 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
servzces
Educational programs designed to enhance quality of
l~fe for adults
DENTON, LIBRARY 1999-00 2
III
County designates the County Judge to act on behalf of
county and to serve as llaison officer for County with and
between County and Munlclpallty The County Judge or h~s
designated substitute shall insure the performance of all duties
and obligations of County herein stated who shall devote
sufficient time and attention to the execution of sa~d duties on
behalf of County in full compliance w~th the terms and condltlons
of this agreement, and shall provide ~mmediate and direct
supervision of County's employees, agents, contractors, sub-
contractors, and/or laborers, ~f any, in the furtherance of the
purposes, terms and conditions of this agreement for the mutual
benefzt of County and Municipality
IV
Municipality shall designate ~ts D~rector of Library
Services to act on behalf of Municipality and to serve as l~alson
officer of Municipality w~th and between Municipality and County
to ~nsure the performance of all duties and obligations of
Mun~cipality as herein stated who shall devote sufficient time
and attention to the executlon of said dutles on behalf of
Munlcipality in full compllance w~th the terms and condlt~ons of
th~s agreement, and, shall provide management of Mun~clpallty'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 Municlpal~ty and
County
DENTON LIBRARY 1999-00 3
Municipality shall provide to County a copy of the annual
report submitted to the Texas State L~brary and shall respond to
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
t~me and attention of those employees necessary for the proper
execution and completion of the duties and obligations of the
Mun~o~pality stated in th~s agreement and g~ve all attention
necessary for such proper supervision and d~rect~on
VI
The Municipality agrees that ~ts l~brary department shall
assume the functions of a county l~brary and agrees to provide a
l~brar~an who holds or secures a county l~brar~an's certificate
from the Texas State Library and Archives Commission Local
Government Code, section 323 011(b)
VII
County agrees to and accepts full responsibility for the
acts, negligence 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
DENTON, LIBRARY 1999-00 4
VIII
The Municipality agrees and accepts full responsibility for
the acts, negligence, and/or omissions of all the Municipality's
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
the parties beyond that provided by law Neither Municipality
nor County 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,
1ts employees, servants, agents and representatives shall at no
time represent themselves to be employees, servants, agents
and/or representatives of County
XI
County understands and agrees that County, its employees,
servants, agents and representatives shall at no time represent
themselves to be employees, servants, agents, and/or
representatives of Municipality
XII
The address of County ~s
County Judge, Denton County
110 West Hickory
Denton, Texas 76201
Telephone' 940-565-8687
DENTON LIBRARY 1999-00 5
The address of Municipality is
City of Denton
215 East McKlnney
Denton, Texas 76201
Attention Michael W Jez
Telephone 940-349-8307
XIII
For the full performance of the services above stated,
County agrees to pay Municipality fees as described here~n
County shall pay Munlclpallty fees in the amount of $1 25 per
capita totaling ONE HUNDRED NINETEEN THOUSAND THREE HUNDRED
SEVENTY-TWO DOLLARS ($119,372 00) based upon North Central Texas
Council of Governments population figures provided to Denton
County by the Denton County Library Advisory Board, payable in
equal quarterly ~nstallments to Municipality commencing October
1, 1999 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 Munzc~pallty 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 bas~s Denton County shall match Munlclpallty's
additional funding ~n an amount not to exceed $10,000 00
Payment by County to Municipality shall be made ~n accordance
with the normal and customary processes and bus,ness procedures
of County, and payment shall be satzsf~ed from current revenues
of the County Municipality agrees that the fees pald by the
County herein fairly compensate ~t for the services to be
performed
DENTON LIBRARY 1999-00 6
XIV
This agreement may be terminated at any time, by either
party g~ving sixty (60) days' advance written notice to the other
party In the event of such termination by either party,
Mun~clpallty shall be compensated pro rata for all services
performed to termination date, together w~th reimbursable
expenses then due and as authorized by th~s agreement In the
event of such termination, should Munlc~pal~ty 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 overcompensat~on Acceptance of such
reimbursement shall not constitute a waiver of any claim that may
otherwise arise out of th~s agreement
XV
Th~s agreement represents the entire and 1ntegrated
agreement between Municipal~ty and County and supersedes all
prior negotiations, representations and/or agreements, e~ther
written or oral This agreement may be amended only by written
instrument s~gned by both Municipality and County
XVI
The validity of this agreement and any of ~ts terms or
provzs~ons, as well as the r~ghts and duties of the parties
hereto, shall be governed by the laws of the State of Texas
Further, this agreement shall be performable and all compensation
payable ~n Denton County, Texas
DENTON LIBRARY 1999-00 7
XVII
In the event that any portzon of thzs agreement shall be
found to be contrary to law, bt is the ~ntent of the parties
hereto that the remalning portlons shall remain valid and in full
force and effect to the extent possible
XVIII
The undersigned offlcers 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 certlf~es to the other that any
necessary orders or resolutions extending said authority have
been duly passed and are now in full force and effect
DENTON LIBRARY 1999-00 8
Executed in duplicate originals ~n Denton County, Texas by
the authorized representatives on this //~.w day of /~,
COUNTY ~ ~~ICIPALITY
County
K~r~&Uflson, Judge
Acting on behalf of and by the
authority of the Com~,~ners Ordinance
ATTEST ~~% ~% ATTEST
By~ By
Secretary
APPRO~D AS TO FORM ....... APPROVED AS TO FO~
DENTON LIBRARY 1999-00 9