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Home My WebLink AboutResolution No. 92-16 CITY OF THE COLONY, TEXAS soLtmON NO. A RESOLUTION OF THE CITY OF THE COLONY, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY AND DENTON COUNTY FOR THE PROVISION OF LIBRARY SERVICES TO THE RESIDENTS OF DENTON COUNTY; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Manager 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. 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. ff'~SSED AND APPROVED by the City Council of the City of The Colony, Texas this Y'~day of '~--)~ ~. , 1992. William W. Manning, Mayor <~x ATTEST: Patti A. Hicks, CMC/AAE, City Secretary STATE OF TEXAS, ) )SS. COUNTY OF DENTON. ) INTERLOCAL COOPERATION AGREEMENT FOR LIBR/LRY 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 THE COLONY, 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 gov- ernment 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 Municipality; 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. NOW, THEREFORE, County and 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, 1992 through September 30, 1993. INTERLOCAL COOI'ERATION AGREENIEN'I' - I.IBRAI,IY DF~NTON CO[~'TY - CITY OF 'lq~: COI,ONY II. For the purposes and consideration herein stated and contem- plated, Municipality shall provide Library -services for the residents of County without regard to race, religion, color, age and/or national origin. Upon proper proof by individual(s) of residence in Denton County, Texas, such individual(s) shall be entitled to be issued, at no cost, a library card to be used in connection with said library services. III. County shall designate the County Judge to act on behalf of County and serve as liaison officer for County with and between County and Municipality. The County Judge or his designated substitute shall insure the performance of all duties and obliga- tions 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 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 ~ ~ ~ ~ ~ ~ to act on behalf of Municipality and to serve as liaison officer of Municipality with 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 IN~RLOCAL COOi'ERA'i]ON AGREI~XlI{NT - I.IBRAI(Y D~NTON COL~'FY- CI'IA' OF 'i~IE COI.ONY 2 execution of said duties on behalf of Municipality in full compliance with the terms and conditions of this agreement, and, shall provide immediate and direct supervision 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. V. The Municipality shall be solely responsible for all tech- niques, sequences, procedures, and means and for the coordination of all work performed under the terms and conditions of this 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 Municipality stated in this agreement and give all attention necessary for such proper supervision and direction. INTERLOCAL COOPERATION AC. REF~IENT - I.IBRARY DENTON COUNTY - Cf'i%' OF TIlE COI.ONY 3 VI. The Municipality agrees that its library department shall assume the Yunctions of a county library and agrees to provide a librarian who holds or secures a county 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 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 with the County. 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, its employees, servants, agents and representatives shall at no time represent themselves to be employees, servants, agents and/or IN~RLOCALCOOPERA~ONA¢;REEMENT-I,1BRARY D~TONCOL~-CI~ OF~IECOI.ONY 4 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 representa- tives of Municipality. XII. The address of County is: County Judge Denton County Courthouse-on-the-Square 110 West Hickory Denton, Texas 76201 Telephone: 817-565-8687 The address of Municipality is: City of The Colony 5151 North Colony Blvd. The Colony, Texas 75056 Attention: Joan Sveinsson Telephone: 214-625-1756 INTF. RLOCAI. COOI'ERATION A(;RF. ENIENT- I.IBRARY DENTON COUNTY - ClT',' O1: TIlE COI.ONY 5 XIII. For the services hereinabove stated, County agrees to pay Municipality for the full performance of this agreement, THIRTY- FOUR THOUSAND THREE HUNDRED FIFTEEN DOLLARS ($34,315.00) to be payable in equal quarterly installments to the City of The Colony commencing October 1, 1992. In addition, the County agrees to pay Municipality an amount not to exceed SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500) 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 $7500.00. 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, by either party giving sixty (60) days' advance written notice 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 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 INTERLOCAL COOPERATION AGREF..MI'~N'F- I.IBRARY DENTON COL~'I~' - CITY OF TIlE COI.ONY 6 services performed to termination date or be overcompensated for reimbursable expenses as authorized by this agreement, then County shall be reimburse~ 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. XV. This agreement represents the entire and integrated agreement between Municipality and County and supersedes all prior negotiations, representations and/or agreements, either written or oral. This agreement may be amended only by written instrument signed by both Municipality and County. XVI. 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. XVII. In the event that 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 extent possible. INTERLOCAL COOI'I{RATION AGREF..'%IENT - I.IBR:XRY DENTON COL.,~'l'¥ - CiTY O1: TIlE COLONY 7 XVIII. The undersigned officers and/o~ 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. Executed in duplicate originals in Denton County, Texas by the authorized representatives. COUNTY MUN ICI PALITY Title: /~/~Fo~ D~t~: /-~ -o~ ~ -~D-- [ / Date: 1.2-7'~L Aqt~n ~ ~--~f of an~ ~.y the Acting on behalf of and authority of the Commis~ioners by the authority of the Court of Denton County, Texas Municipality ATTEST: ATTEST: Denton Cou~Dty Clerk Maycr or City Secretary APPROVED AS TO FORM: Ass-ist-a-nt Di-~trict Attorney INTF, RLOCAI, COOPERATION A(iI~.I.',I.',MI'~NT- i.IBRARY DF~NTON COUNTY - CITY O1: Tile COI.ONY 8