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HomeMy WebLinkAboutResolution No. 87-26 CITY OF THE COLONY, TEXAS R SOLOTIO..0. 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 Agreements. 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 APPRO~ by the City Council of the City of The Colony, Texas this ~-- day of ~7-D~~ , 1987. Don Am-ic}~, Ma~hS~- ''v --, ATTEST: Patti A. Hicks, City Secretary THE STATE OF TEXAS )( COUNTY OF DENTON )( INTERLOCAL COOPERATION AGREEMENT THIS AGREEMENT is made and entered into this ~-~day of October, 1987, by and between DENTON COUNTY, a political subdivision of the Great State of Texas, hereinafter referred to interchangeably as "Denton". or "County", and the CITY OF THE COLONY PUBLIC LIBRARY, also a public service organization of Denton County, Texas, hereinafter referred to as "AGENCY". WHEREAS, Denton 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, AGENCY is a duly organized public service organization of Denton County, Texas engaged in the provision of library service and related services for the benefit of the citizens of Denton County, Texas; and WHEREAS, Denton and AGENCY desire to improve the efficiency and effectiveness of local governments by authorizing the fullest possible range of intergovernmental contracting authority at the local level for all or part of the functions and services of police protection and detention services; fire protection; streets, roads, and drainage; public health and welfare; parks; recreation; library services; museum services; waste disposal; planning; engineering; and administrative functions such as tax assessment ~nd collection, personnel services, purchasing, data processing, warehousing, equipment repair, and printing; and WHEREAS, Denton and AGENCY mutually desire to be subject to the provisions of TEX. REV. CIV. STAT. Art. 4413 (32c), (Vernon Supp. ), the Interlocal Cooperation Act; and, NOW THEREFORE; Denton and AGENCY, for the mutual consideration hereinafter stated, agree and understand as follow~ I. The effective date of this agreement shall be the 1st day of October, 1987. II. The initial term of this Agreement shall be for the period of October 1, 1987 to and through September 30, 1988. Thereafter, this agreement shall automatically be renewed for periods of twelve (12) month increments from the termination date unless written notice of intent to terminate is given by either party to the other within sixty (60) days of such termination. III. For the purposes and consideration herein stated and contemplated, Denton shah provide the fo{lowing necessary and appropriate services for the residents of Denton County AGENCY to the maximum extent authorized by this agreement, without regard to race, religion, color, age, and national origin; to wit: 1. Library services and other related services for the benefit and to serve the public conveniences and necessity of the citizens of Denton County, Texas. IV. Inasmuch as the CITY OF THE COLONY PUBLIC LIBRARY is for the use, benefit and enjoyment of all citizens of Denton County, Texas, upon proper proof by individual(s) of residence of 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. V. DENTON shall designate Honorable Vie Burgess to act on behalf of DENTON, and to serve as "Liaison Officer" for Denton with and between DENTON and AGENCY. Honorable Vie Burgess or his designated substitute shall insure the performance of all duties and obligations of DENTON herein stated; and, shall devote sufficient time and attention to the execution of said duties on behalf of DENTON in full compliance with the terms and conditions of this agreement; and, shall provide immediate and direct supervision of DE NTO N'S em ployees, agents, contractors, sub-cont ractors, and/or laborers, if any; in the futherance of the purposes, terms and conditions of this Agreement for the mutual benefit of Denton and AGENCY. VI. AGENCY shall designate ~"'O{~K ~Yf'~Ir~SSO}~ to act on behalf of AGENCY, and to serve as "Liaison" for AGENCY with and between, AGENCY and Denton to insure the performance of all duties and obligations of AGENCY as herein stated; and, shall devote sufficient time and attention to the execution of said duties on behalf of AGENCY in full compliance with the terms and conditions of this agreement; and, shall provide immediate and direct supervision of the AGENCY 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 AGENCY and Denton. VII. AGENCY agrees to indemnify and hold harmless Denton, its agents, and employees, from and against all claims, damages, losses, and expenses, including reasonable attorney's fees in case it shall be necessary to pursue legal action, arising out of performance of the services and duties herein which are, or are alleged to have been caused in whole or in part by Denton or AGENCY, including but not necessarily limited to any negligent act and/or omission of any employee of AGENCY, its directors, members, or that of a sub-contractor of AGENCY, or that of anyone employed by or contracted with AGENCY for whose acts Denton and/or AGENCY is liable. VIII. AGENCY agrees to indemnify and hold harmless DENTON, its agents, and employees, from and against all claims, damages, losses, and expenses, including reasonable attorney's fees in case it shall be necessary to file an action, arising out of performance of the services and duties herein stated, which are (1) for bodily injury, illness, or death, or for property damage, including loss of use, and (2) caused in whole or in part by AGENCY'S negligent act and/or omission, or that of a sub-contractor of AGENCY, or that of anyone employed by or contracted with AGENCY for whose acts the AGENCY is liable. IX. The AGENCY shall be soley 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 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 AGENCY stated in this agreement, and give all attention necessary for such proper supervision and direction. X. DENTON agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all DENTON'S employees, and agents, DENTON'S sub-contractors, and/or contract laborers, and for those of all other persons doing Work under a contract or agreement with said DENTON. XI. The AGENCY agrees to and accepts full responsiblity for the acts, negligence, and/or omissions of all the AGENCY'S employees, and agents, the AGENCY'S sub- contractors, and/or contract laborers, and for those of all other persons doing work under a contract or agreement with said AGENCY. XII. DENTON agrees to and accepts the duty and responsiblity for and overseeing all safety orders, precautions, programs, and equipment necessary to the reasonable safety of DENTO N'S employees, and agents, DENTON'S sub-contractors, and/or contract laborers, and all other persons doing work under a contract with said DENTON. XIII. The AGENCY agrees to and accepts the duty and responsiblity for and overseeing all safety orders, precautions, programs, and equipment necessary to the reasonable safety of the AGENCY'S employees, and agents, the AGENCY'S sub-contractors, and/or contract laborers, and all other persons doing work. under a contract or agreement with said AGENCY. XIV. AGENCY understands and agrees that the AGENCY, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of DENTON. XV. DENTON understands and agrees that DENTON, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of AGENCY. XVI. "DENTON", Denton County is a political subdivision of the State of Texas. The address of "DENTON" is: Commissioners Court of Denton County Commissioners Court Building 212 W. Sycamore Denton, Texas 76201 Telephone (817) 383-8399 Attn: Honorable Vic Burgess Denton County Judge XVII. AGENCY is a public service organization of Denton County, Texas. The address of "AGENCY" is: CITY OF THE COLONY 5151 NORTH COLONY BLVD. THE COLONY, TEXAS 75056 Telephone (214)370-1756 XVIII. For the services hereinabove stated, DENTON agrees to pay to AGENCY for the full performance of this agreement, $1.00 per capita of 27,915 or the sum of TWENTY- SEVEN THOUSAND NINE HUNDRED FIFTEEN AND 00/100 AND NO/100 ($27,915) DOLLARS to be paid in equal quarterly installments of SIX THOUSAND NINE HUNDRED SEVENTY- EIGHT AND 75/100 DOLLARS commencing October 1, 1987. In addition, DENTON agrees to pay to AGENCY up to FIVE THOUSAND AND NO/~00 ($5,000.00) DOLLARS in matching funds upon receipt of proof from the AGENCY that revenue from sources other than Denton County has been received and that this information shall be provided each quarter to DENTON and will be matched in full each quarter until such time that $5,000.00 has been paid. DENTON understands and agrees that payment by DENTON to the AGENCY shall be made in accordance with the normal and customary processes and business procedures of DENTON. XIX. This agreement may be terminated at any time, by either party giving sixty (60) day advance written notice to the other party. In the event of such termination by either party, AGENCY 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 AGENCY be overcompensated on a pro rata basis for all services performed to termination date, and/or be overcompensated for reimbursable expenses as authorized by this agreement, then DENTON shall be reimbursed pro rata for all such overeompensation. Acceptance of said reimbursement shall no constitute a waiver of any claim that may otherwise arise out of this Agreement. XX. This agreement represents the entire and integrated agreement between AGENCY' and Denton 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 AGENCY and Denton. XXI. The validity of this agreement and of 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. XXII. 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 effeet to the extent possible, XXIII. The undersigned officer 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 resolutions extending said authority have been duly passed and are now in full force and effect. Executed in duplicate originals at Denton, Denton County, Texas on the day and year first written above. "DENTON" "AGENCY" DENTON COUNTY, TEXAS AGENCY 212 W. Sycamore Denton, Texas 76201 HONORABLE VIC BURGESS Name: w DENTON COUNTY JUDGE Title: ~IT~/ Acting on behalf of, and by Acting on behalf of, and by the authority of the the authority of the Commissioners Court of AGENCY Denton County, Texas ATTEST: ATTEST: MARILYN ROBINSON Name: ~._~ DENTON COUNTY CLERK Title: APPROVED AS TO FORM AND CONTENT: Rob Morris DENTON COUNTY ATTORNEY STATE OF TEXAS )( COUNTY OF DENTON X BEFORE ME, the undersigned authority, on this day personally appeared the Honorable Vie Burgess, Denton County Judge, known to me to be the person whose name is subscribed to the foregoing instrument and aekowledged to me that he executed the foregoing Interloeal Cooperation Agreement for the purposes and consideration therein expressed, in the capacity stated, and as the act and deed of said County. GIVEN under my hand and seal of office this the day of October, 1987. Notary Public in and for the State of Texas. My Commission expires: (Notary's Printed Name) SEAL THE STATE OF TEXAS X COUNTY OF DENTON )( BEFORE ME, the undersigned authority, on this day personally appeared , President '~ of AGENCY, known to me to be the person whose name is subscribed to the foregoing ~. instrument and acknowledged to me that he executed the foregoing Interloeal Cooperation Agreement for the purposes and consideration therein expressed, and in the capacity stated, and as the act and deed of said AGENCY. ' GIVEN under my. h, and and seal of office this the day of October, 1987. Notary Public in and for the State of Texas. My Commission expires: (Notary's Printed Name)