HomeMy WebLinkAboutResolution No. 2014-068 CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2014 - Q( 1
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
COOPERATION AGREEMENT BETWEEN THE CITY OF THE COLONY
AND DENTON COUNTY FOR THE PROVISION OF LIBRARY SERVICES
TO THE RESIDENTS OF DENTON COUNTY AS PROVIDED IN
ATTACHMENT "A", WHICH IS ATTACHED HERETO AND
INCORPORATED HEREIN; AND PROVIDING AN EFFECTIVE DATE.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
Section 1. That the Mayor of the City of The Colony, Texas, is hereby authorized and
empowered to execute an Interlocal Cooperation Agreement with Denton County for the provision of
Library Services to the residents of Denton County as defined in the Agreement,which is attached
hereto and incorporated herein by reference as Attachment"A".
Section 2. That a true and correct copy of the Interlocal Cooperation Agreement is
attached hereto and incorporated herein.
Section 3. That this resolution shall take effect immediately from and after its passage.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this
7th day of October, 2014.
oe McCou Mayor
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Christie Wilson, TRMC, City Secretary �1a` p' •� �
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APPROVED AS TO FORM:i�
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Jeff Moor-, City Attorney
THE COUNTY OF DENTON §
§ THE COLONY PUBLIC LIBRARY
THE STATE OF TEXAS §
INTERLOCAL COOPERATION AGREEMENT
FOR LIBRARY SERVICES
THIS AGREEMENT is made and entered into by and between Denton County, a
political subdivision of the State of Texas, hereinafter referred to as ("the COUNTY"), and the
City of The Colony, a municipality of Denton County, Texas, hereinafter referred to as ("the
MUNICIPALITY"), and has an effective date of October 1, 2014.
WHEREAS, the 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 the COUNTY; and
WHEREAS, the MUNICIPALITY is a duly organized municipality in Denton County,
Texas, engaged in the provision of library and related services for the benefit of the citizens of
the.MUNICIPALITY; and
WHEREAS, the COUNTY has requested, and the MUNICIPALITY has agreed to
provide library services for all residents of the COUNTY; and
WHEREAS, the COUNTY and the MUNICIPALITY mutually desire to be subject to
the provisions of Chapter 791 of the Texas Government Code, the Interlocal Cooperation Act
and Chapter 323 of the Texas Local Government Code, regarding County Libraries.
NOW, THEREFORE, the COUNTY and the MUNICIPALITY, for the mutual
consideration hereinafter stated, agree and understand as follows:
I.
The term of this Agreement shall be for the period from October 1, 2014, through
September 30, 2015.
II.
For the purposes and consideration herein stated and contemplated, the
MUNICIPALITY shall provide library services for the residents of the COUNTY without
regard to race, religion, color, age, disability and/or national origin. Upon proper proof by
individual(s) of residence in the COUNTY, Texas, such individual(s) shall be entitled issuance,
at no cost, a library card to be used in connection with said library services.
2014-2015 ICA-Library Agreement—The Colony Public Library- Page 1 of 7
The MUNICIPALITY shall develop and maintain through the Library one or more of
the following programs of service:
1. Educational and reading incentive programs and materials for youth.
2. Functional literacy materials and/or tutoring programs for adults.
3. Job training/career development programs and/or materials for all ages.
4. Outreach services to eliminate barriers to library services.
5. Educational programs designed to enhance quality of life for adults.
III.
The COUNTY designates the County Judge to act on behalf of the COUNTY and serve
as liaison officer for the COUNTY with and between the COUNTY and the MUNICIPALITY.
The County Judge or his designated substitute shall insure the performance of all duties and
obligations of the COUNTY herein stated and shall devote sufficient time and attention to the
execution of said duties on behalf of the COUNTY in full compliance with the terms and
conditions of this Agreement. The County Judge shall provide immediate and direct supervision
of the 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 the
COUNTY and the MUNICIPALITY.
IV.
The MUNICIPALITY shall designate the City Manager or designee to act on behalf of the
MUNICIPALITY and to serve as liaison officer for the MUNICIPALITY with and between
the MUNICIPALITY and the COUNTY to insure the performance of all duties and obligations
of the MUNICIPALITY as herein stated and shall devote sufficient time and attention to the
execution of said duties on behalf of the MUNICIPALITY in full compliance with the terms
and conditions of this Agreement. The City Manager or designee shall provide management of
the 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 the MUNICIPALITY and the COUNTY.
The MUNICIPALITY shall provide the COUNTY with a copy of the annual report
submitted to the Texas State Library and shall respond to the COUNTY'S annual questionnaire
as documentation of the MUNICIPALITY'S expenditures and provision of service.
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V.
The MUNICIPALITY shall be solely responsible for all techniques, sequences,
procedures and coordination of all work performed under the terms and conditions of this
Agreement. The MUNICIPALITY 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 MUNICIPALITY as stated in this Agreement and shall give all attention
required for proper supervision and direction of their employees.
VI.
The MUNICIPALITY agrees that its established library shall assume the functions of a
county library within Denton County, Texas, and to provide a librarian who meets the
requirements of the MUNICIPALITY'S job description.
VII.
The COUNTY and the MUNICIPALITY agree and acknowledge that each entity is not
an agent of the other entity and that each entity is responsible for its own acts, forbearance,
negligence and deeds and for those of its agents or employees. This Agreement does not and
shall not be construed to entitle either party or any of their respective employees, if applicable, to
any benefit, privilege or other amenities of employment applicable to the other party. The
MUNICIPALITY understands and agrees that the MUNICIPALITY, its employees, servants,
agents and representatives shall not represent themselves to be employees, servants, agents
and/or representatives of the COUNTY.
To the fullest extent permitted by law, the MUNICIPALITY agrees to hold harmless
and indemnify the COUNTY from and against any and all claims and for all liability arising
out of resulting from or occurring in connection with the performance of the work hereunder,
including but not limited to, any negligent act or omission of the MUNICIPALITY, its
officers, agents or employees.
The COUNTY and the MUNICIPALITY acknowledge and agree that the COUNTY
does not waive any sovereign or governmental immunity available to the COUNTY under Texas
law and does not waive any available defenses under Texas law. Nothing in this paragraph shall
be construed to create or grant any rights, contractual or otherwise, in or to any third persons or
entities.
2014-2015 ICA-Library Agreement—The Colony Public Library- Page 3 of 7
VIII.
This Agreement is not intended to extend the liability of the parties beyond that provided
by law. Neither the MUNICIPALITY nor the COUNTY waives any immunity or defense that
would otherwise be available to it against claims by third parties.
IX.
Any notice required by this Agreement shall be delivered, in writing, by either the
COUNTY or the MUNICIPALITY to the following addresses:
The address of the COUNTY is: County Judge, Denton County
110 West Hickory Street, 2nd Floor
Denton, Texas 76201
Telephone: 940-349-2820
The address of the MUNICIPALITY is: The City of The Colony through
The Colony Public Library
6800 Main Street
The Colony, Texas 75056
Attention: Joan Sveinsson
Telephone: 972-624-3184
X.
For the full performance of the services above stated the COUNTY agrees to pay the
MUNICIPALITY fees as described herein from current revenues available for such payment.
The COUNTY shall pay the MUNICIPALITY fees in the amount of TWENTY-NINE
THOUSAND SEVEN HUNDRED FIFTY AND NO/100 DOLLARS ($29,750.00), based
upon North Central Texas Council of Governments service population allocation figures
provided to the COUNTY by the Library Advisory Board, payable in equal quarterly
installments to the MUNICIPALITY commencing on October 1, 2014. The Allocation chart
setting forth said figures is attached hereto and incorporated herein for all intents and purposes as
Exhibit "A." In addition, the COUNTY agrees to pay the MUNICIPALITY an amount not to
exceed TEN THOUSAND AND NO/100 DOLLARS ($10,000.00) in matching funds upon the
following conditions:
1. The MUNICIPALITY shall attempt to secure funding from sources other than
the COUNTY.
2. Upon receipt of additional funding, the MUNICIPALITY shall provide proof of
the receipt of such funds to the Denton County Auditor on a quarterly basis.
3. The COUNTY shall match the MUNICIPALITY'S additional funding in an
amount not to exceed $10,000.00.
2014-2015 ICA-Library Agreement—The Colony Public Library- Page 4 of 7
4. Payment by the COUNTY to the MUNICIPALITY shall be made in accordance
with the normal and customary processes and business procedures of the
COUNTY and payment shall be satisfied from current revenues of the
COUNTY.
All funding by the COUNTY to the MUNICIPALITY is subject to the condition that
the MUNICIPALITY shall have in place technology protection measures (commonly referred
to as "filters") with respect to any computers used by the public that have Internet access
which are designed to block access through such computers to visual depictions that are (1)
obscene, as defined by Section 43.21 of the Texas Penal Code, or (2) contain pornography.
The technology protection measures shall be in compliance with the Children's Internet
Protection Act.
The MUNICIPALITY hereby certifies that its libraries have either installed and are
using the required technology protection measures during use of its computers that have
Internet access by the public at the present time or will have such protection measures in place
and operational by October 1, 2014.
XI.
This Agreement may be terminated, at any time, by either party by giving sixty(60) days
advance written notice to the other party. In the event of such termination by either party, the
MUNICIPALITY shall be compensated pro rata for all services performed to the termination
date, together with reimbursable expenses then due and as authorized by this Agreement. In the
event of such termination, should the MUNICIPALITY be overcompensated on a pro rata basis
for all services performed to the termination date or be overcompensated for reimbursable
expenses as authorized by this Agreement, the COUNTY shall be reimbursed pro rata for all
such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any
claim that may otherwise arise out of this Agreement.
XII.
This Agreement represents the entire integrated Agreement between the
MUNICIPALITY and the COUNTY and supersedes all prior negotiations, representations
and/or Agreements, either oral or written. This Agreement may be amended only by written
instrument signed by both the MUNICIPALITY and the COUNTY.
XIII.
The validity of this Agreement and any of its terms or provisions, as well as the rights
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 in Denton County, Texas.
2014-2015 ICA-Library Agreement—The Colony Public Library- Page 5 of 7
XIV.
In the event any portion of this Agreement shall be found to be contrary to law it is the
intent of the parties hereto that the remaining portions shall remain valid and in full force and
effect to the fullest extent possible.
XV.
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 in full force and effect.
EX/ U 'ED in triplicate originals on the dates set forth below.
The COj' / The MUNICIPALITY
By: ' L. ._ 1. _, By: 411 f/l/ ,
Mary Horn, f f my Judge Name. t .C +A r
Denton Coun , Texas Titl:. OA ,
Acting on behalf of and by the Acting on behalf of and by the authority
authority of the Commissioners of the City Council of The Colony,
Court of Denton County, Texas Texas
DATED: %.L``\ ,,,,,,
DATED: ODbc,`r 1, =)--0 )`4,
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ATTEST: .:1°: i `''', . „,ATT .ST
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Dento my erk ' -1 City Secretary
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APPR 0 VED AS T. ORM: 11 " D AS TO FO
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Apnt District Attorney City Attney
A' i"-ED AS TO C/a NTENT:
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By: ,�o A. X11 fig-
Director, Library Services
2014-2015 ICA-Library Agreement—The Colony Public Library- Page 6 of 7
AUDITOR'S CERTIFICAT
I hereby certify that funds are available in the amount of$ ) / to
accomplish and pay the obligation of Denton County under th s agreement.
1
James W De o _ 3�nuditor
•
•
2014-2015 ICA-Library Agreement—The Colony Public Library- Page 7 of 7
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CALCULATION WORKSHEET FOR COUNTY FUNDING ADOPTED (2014-2015)
PER CAPITA: $ 0.384405
MATCHING: $ 10.000.00
DENTON COUNTY POPULATION: 713,200
POPULATION OF CITIES WITH LIBRARIES 338.400
REMAINING POPULATION 374.800
'
TOTAL CITY COUNTY PER CAPITA MATCHING TOTAL ROUNDED
LIBRARY POP , POP allocation ALLOCATION FUNDS
'
AUBREY 20.6129.780 10.832 $ 7,511 $ 10.000 $ 17.611 I 17,560-
CARROLLTON
7` -CARROLLTON 155,273 73,674 81,599 $ 56,582 $ - ' $ 56,58256.500
FLOWER MOUND 139,37365,130 73,243 $ 50,788 $ - $ 50.788 50.800
FR|SCO - - | - $ - - 8 '
JUGTNti85O 3,250 3,600 $ 2,496 $ 10,000 $ 12�Q6 12.500
-- -
KRUM 10.011 4,750 5,261 $ 3,648 $ 10,000 $ 13.648 13.0501
UkKEC[OE8 ~ - - $ - $ - $ -
LEVVSV|LLE 206/617 0\036 108,581 $ 75,292 $ - $ 75,292 75,300
LITTLE ELM 65,798 31,220 34,578 $ 23,977 $ 10,000 $ 33,977 34.000
PILOT POINT 8,177 3,880 4,297 $ _ 2,980 $ 10.000 $ 12.980 13,000
PONDER 3,077 1,460 1,617 $ 1,121 $ 10.000 $ 11,121 11.150
SANGER 15.786 7,490~ 8,296 $ 5,752 $ 10.000 $ 15.752 ' 15.750
THE COLONY 81.628 38`730 42,896 $ 29,745 $ 10.000 $ 39.745 39,750
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TOTAL 713,300 338,400 374800 $ 259,994_ $ 80.000 _$ 333.894 $ 340.000
Aubrey Population: Lewisville 88.330
Aubrey 2,670 less Dallas Co 294
Crossroads 1,710 Lewisville 88.036
Providence Village 5,400
'Total 9,780
-
Carrollton 124,400
less Dallas Co. 50,726
Carrollton(Denton Co4 73,674 �
1i47)14/14;'es',1:1441 11.1
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