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HomeMy WebLinkAboutResolution No. 86-10 CITY 'OF THE COLONY 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 Section 1. Taat 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. 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 the ~'~ day of ~~_~ 1986. J ity 6 ~Colon~, Texas ATTEST: ' y Secretar ,~/City of The Colony, Texas APPROVED AS TO FORM: City Attorney, City The Colony, Texas THE STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT THIS AGREEMENT is made and entered into this day of .~ , 1986, by and between DENTON COUNTY, a political subdivision of the S~/ate of Texas, hereinafter referred to as "DENTON" and the CITY OF THE COLONY, also a political subdivision of the State of 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 political subdivision of the State of Texas engaged in the administration of Municipal Government, including provision of library service through the The Colony Public Library, and related services for the benefit of the citizens of The Colony, 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 and collection, persounel 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. 1985), the Interlocal Cooperation Act; and, NOW THEREFORE; DENTON and AGENCY, for the mutual consideration hereinafter stated, agree and understand as follows: I. The effective date of this Agreement shall be the 1st day of October, 1985. II. The initial term of this Agreement shall be for the period of October 1, 1985 to and through September 30, 1986. Thereafter, this Agreement shall automatically be renewed for period 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 shall provide the following necessary and appropriate services for the residents of Denton County through AGENCY to the maximum extent authorized by this Agreement and by law, without regard to race, religion, color, age and national origin, to wit: 1. Library services and library related services for the benefit and to serve the public conveniences and necessity of the citizens of Denton County, Texas. IV. Pursuant to this Agreement, the The Colony Public Library is for the use, benefit and enjoyment of all citizens of Denton County, Texas, and 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, and in accordance with the rules and regulations of the The Colony Public Library. V. DENTON shall designate Honorable Buddy Cole to act of behalf of DENTON, and to serve as "Liaison Officer" for DENTON with and between DENTON and AGENCY. Honorable Buddy Cole 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 DENTON'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 DENTON and AGENCY. VI. AGENCY shall designate Joan L. Sveinsson to act on behalf of AGENCY, and to serve as "Liaison Officer" for AGENCY with and between AGENCY and DENTON to insure the performance of all duties and obligations of AGENCY as herein stated; 0100X --2-- 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'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 AGENCY and DENTON. VII. AGENCY agrees to 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 the negligent acts and/or omissions of any employee or officer of AGENCY, or that of a sub-contractur of AGENCY or anyone employed by or contracted with AGENCY for whose acts AGENCY is liable. VIII. AGENCY hereby assumes responsibility for and agrees to reimburse DENTON for any and all liabilities, obligations, losses, damages, penalties, claims, actions, costs and expenses (including reasonable attorney's fees) of whatsoever kind or nature, imposed on, or incurred by DENTON that arise out of a claim, suit or proceeding based upon the negligent conduct of AGENCY, its officers, employees and agents, to the maximum extent permitted by law. IX. AGENCY 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 this Agreement, shall insure, dedicate and devote full time and attention of those employees necessary for the proper execution and completion of the duties and obligations of the AGENCY to administer the The Colony Public Libeary 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 0100X --3-- work under a contract or agreement with DENTON. DENTON hereby assumes responsibility for and agrees to reimburse AGENCY for any and all liabilities, obligations, losses, damages, penalties, claims, actions, costs and expenses (including reasonable attorney's fees) of whatsoever kind or nature, imposed on, or incurred by AGENCY that arise out of a claim, suit or proceeding based upon the negligent conduct of DENTON, its officers, employees and agents, to the maximum extent permitted by law. XI. DENTON agrees to and accepts the duty and responsibility for and overseeing all safety orders, precautions, programs and equipment necessary to the reasonable safety of DENTON'S employees and agents, DENTON'S sub-contractors and]or contract laborers, and all other persons doing work under a contract with said DENTON. XII. AGENCY agrees to and accepts the duty and responsibility for and overseeing all safety orders, precautions, programs and equipment necessary to the reasonable safety of AGENCY'S employees and agents, AGENCY's sub-contractors and]or contract laborers, and all other persons doing work under a contract or agreement with said AGENCY. XIII. AGENCY understands and agrees that AGENCY, its employees, servants, agents and representatives shall at no time represent themselves to be employees, servants, agents and]or representatives of DENTON. XIV. 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. XV. "DENTON" is a political subdivision of the State of Texas. The address of "DENTON" is: Commissioners Court of Denton County Carroll Courts Building 401 West Hickory Denton, Texas 76201 Telephone: (817) 565-8586 Attention: Honorable Buddy Cole Denton County Judge OlOOX -4- "AGENCY" is a political subdivision of the State of Texas. The address of "AGENCY" is: The Colony Public Library 5201 Colony Boulevard, Suite 540 The Colony, Texas 75056 Attention: Joan L. Sveinsson Director of Library Services XVI. Foe the seeviees hereinabove stated, DENTON agrees to pay to AGENCY foe the full peefovmanee of this ageeement, $1.00 pee capita of 26,994 oe the sum of TWENTY-SIX THOUSAND NINE HUNDI~ED NINETY-FOUR AND NO/100 DOLLARS ($26,994.00) to be paid in equal quarteely installments of SIX THOUSAND SEVEN HUNDRED FORTY-EIGHT AND 50/100 DOLLARS ($6,748.50) commencing Oetobee 1, 1985, with additional installments due on January l, Apeil 1, July 1, and October ! of ~aeh year for the life of the Ageeement. In addition, DENTON agrees to pay to AGENCY up to TEN THOUSAND AND NO/lO0 ($10,000,000) DOLLARS in matching funds upon receipt of proof from AGENCY that revenue from sources other than D.enton County has been received. AGENCY shall provide such information each quarter to DENTON and such revenue from other sources shall be matebed by DENTON in full for each quarter. DENTON shall make eveey reasonable effort and proceed in the regular course of County business to pay AGENCY the matching funds due to AGENCY within thirty (30) days after receiving notice from AGENCY that such matching funds are due until such time that $10,000.00 has been paid. DENTON understands and agrees that payment by DENTON to AGENCY shall be made in accordance with the normal and customary processes and business proeeduces of DENTON. XVII. This Agreement may be terminated at any time, by either party giving sixty (60) day advance weitten notice to the other party. In the event of such termination by either party, AGENCY shall be compensated pro rata for all seeviees 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 overeompensated on a pro eata basis for all services performed to termination date, and/or be overeompensated for reimbarsable expenses as authorized by this Ageeement, then DENTON shall be reimbursed pro rata foe all such OIOOX --5-- overeompensation. Acceptance of said reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. XVIIL This Agreement represents the entire and integrated agreement between AGENCY and DENTON and supereedes 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. XIX. 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. XX. 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. " XXI. 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 than any necessary resolutions extending said authority have been duly passed and are now in full force and' effect. Executed In duplicate originals at Denton County, Texas on the day and year first written above. "DENTON" "AGENCY" DENTON COUNTY, TEXAS THE CITY OF THE COLONY, TEXAS 401 West Hickory 5576 North Colony Boulevard Denton, Texas 7620! The~, Texas 7~. HONORABLE BUDDY COLE //J~NICE CARROLL DENTON GOUNTY JUDGE //CITY MANAGER Il ATTEST: ATTEST: By: By: ~ ~ MARY JO HILL Name: DENTON COUNTY CLERK Title: C'~,r~ ~'~r~ 0100X --6-- STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, the undersigned authority, on this day personally appeared the Honorable Buddy Cole, Denton County Judge, known to me to the be person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the foregoing Interlocal 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 , 1986. Notary Public in and for the State of Texas. My Commission expires: (Notary's Printed Name) [SEAL] STATE OF TEXAS § COUNTY OF DENTON § ;,:i:'A~'iY~,.- B_EF_ORE ME, the undersigned authority, on this day personally appeared, -~J~'~~'/~.,~l~: of the City of The Colony, Texas, known to me to the be person ~vh-'~s'eV~ame is subscmbed to the foregoing instrument and acknowledged to me that he executed the foregoing Interlocal Cooperation Agreement for the purposes and Consideration therein expressed, in the capacity stated, and as the act and deed of said City. GIVEN under my hand and seal of office this the o-~ ~ day of ~_ , 1986. ~,,~[x~Y Pl'~?*,. Notary Public in and g,~ the State o~ Texas. ~ '~'~ ~ My Commission expires: ~;'/c~'~'//~7 · .,,~.,,.,.; (Nora's Printed Nme) [SEAL] 0100X --7--