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Home My WebLink AboutResolution No. 05-101 CITY OF THE COLONY, TEXAS RESOLUTION NO. 05- 10 ( A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE MAYOR 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 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. 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 ofthe City of The Colony, Texas, this 7th day of November 2005. ATTL ~ . ~2tl4 'stie Wilson, TRMC, City Secretary STATE OF TEXAS, ) ) ) COUNTY OF DENTON INTERLOCAL COOPERATION AGREEMENT FOR LIBRARY SERVICES THIS AGREEMENT is made and entered into by and between Denton County, a political subdivision of Texas, hereinafter referred to as II COUNTY, II and the City of The Colony, a municipality of Denton County, Texas, hereinafter referred to as IlMUNICIPALITY.1I WHEREAS, COUNTY is a duly organized poli tical 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, the City of The Colony 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 has requested and MUNICIPALITY has agreed to provide library services for all residents of COUNTY; and WHEREAS, COUNTY and MUNICIPALITY mutually desire to be subj ect 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: LIBRARY AGREEMENT 05-06 I. The term of this Agreement shall be for the period from October I, 2005 through September 30, 2006. II. For the purposes and consideration herein stated and contemplated, MUNICIPALITY shall provide library services for the residents of COUNTY without regard to race, religion, color, age, disability and/or national origin. Upon proper proof by individual(s) of residence in 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. MUNICIPALITY shall develop and maintain through the Library one or more of the following programs of service: Educational and reading materials for youth. incentive programs and Functional literacy materials and/or tutoring programs for adults. Job training/career development materials for all ages. programs and/or Outreach services to eliminate barriers to library services. Educational programs designed to enhance quality of life for adults. III. COUNTY designates 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 LIBRARY AGREEMENT 05-06 2 obligations 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. The County Judge 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 Library Director Joan L. Sveinsson 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 execution of said duties on behalf of MUNICIPALITY in full compliance with the terms and conditions of this Agreement. Ms. Sveinsson shall provide management 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. MUNICIPALITY shall provide to COUNTY a copy of the annual report submitted to the Texas State Library and shall respond to COUNTY 1 S annual questionnaire as documentation of expenditures and provision of service. LIBRARY AGREEMENT 05-06 3 V. The MUNICIPALITY shall be solely responsible for all techniques, sequences, procedures, 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 shall give all attention necessary for such proper supervision and direction. VI. The MUNICIPALITY agrees that its library department shall assume the functions 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 pursuant to Local Government Code, Section 323.011(b) VII. COUNTY shall have full responsibility for the acts, and negligence of all COUNTY's employees, agents, sub-contractors, and/or contract laborers, performing work under this Agreement. VIII. MUNICIPALITY shall have responsibility for the acts and, negligence, of all the MUNICIPALITY's employees, agents, sub- contracts, and/or contract laborers performing work under this Agreement. IX. This Agreement is not intended to extend the liability of the parties beyond that provided by law. Neither MUNICIPALITY LIBRARY AGREEMENT 05-06 4 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 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. Any notice required by this Agreement shall be delivered in writing by either County or Municipality to the following addresses. The address of County is: County Judge, Denton County 110 West Hickory Denton, Texas 76201 Telephone: 940-349-2820 The address of Municipality is: The Colony Public Library 6800 Main St. The Colony, Texas 75056-1133 Attention: Joan L. Sveinsson Telephone: 972-625-1900 ext. 3184 XIII. For the full performance of the services above stated, COUNTY agrees to pay MUNICIPALITY fees as described herein. LIBRARY AGREEMENT 05-06 5 COUNTY shall pay MUNICIPALITY fees in the amount of $.805 per capita, for a total of $47,465.00, based upon North Central Texas Council of Governments population figures provided to COUNTY by the Library Advisory Board, payable in equal quarterly installments to MUNICIPALITY commencing October I, 2005. In addition, COUNTY agrees to pay MUNICIPALITY an amount not to exceed $10,000.00 in matching funds upon the following conditions: 1) MUNICIPALITY shall attempt to secure funding from sources other than COUNTY. 2) Upon receipt of additional funding, MUNICIPALITY shall provide proof of the receipt of such funds to the Denton County Auditor on a quarterly basis. 3) COUNTY shall match MUNICIPALITY's additional funding in an amount not to exceed $10,000.00. 4) PaYment by COUNTY to MUNICIPALITY shall be made in accordance with the normal and customary processes business procedures of COUNTY, and paYment shall satisfied from current revenues of the COUNTY. and be All funding by COUNTY to MUNICIPALITY is subject to the condition that MUNICIPALITY will 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 LIBRARY AGREEMENT 05-06 6 43.21 of the Texas Penal Code, or (2) contain pornography. The technology protection measures shall be in compliance wi th the Children's Internet Protection Act. Libraries which do not have technology protection measures in place as of October 1, 2005, may receive funding for fiscal year 2006 but only upon agreement to have such measures installed and operational prior to October 1, 2006. 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, 2006. 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 services performed to termination date or be overcompensated for reimbursable expenses as authorized by this agreement, COUNTY shall be reimbursed pro rata for all such overcompensation. Acceptance LIBRARY AGREEMENT 05-06 7 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. XVIII. 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. LIBRARY AGREEMENT 05-06 8 .. .. Executed in duplicate originals in Denton County, Texas by the authorized representatives. COUNTY MUNICIPALITY By f(~ /~4( Mary Horn County Judge ~~~~~~ I [) Acting on behalf of and by the authority of the Commissioners Court of Denton County, Texas City Council Meeting Dated fu~~ "1 ~- j ATTEST: \\\\lIi!111/11111 ATTEST: ,,'\\\~WS C Ou 1///// l ~ \:J~ "...........;: /' ~ C' . LJ ~ r~ " . O~ ~ ~ ,--..).... ',*"""'-::" .. L ~~: ~o- , ::: -...: : : rT'\ ~y A ~ 'Vr- County _ ~ ~ ~ g Ci ty Secretary :0: :0;: -0. _~_ ~ UJ...... ...... ~ ~ t5..- '" ,..... ~<J ~ ill'. ~1,. ~'~'V~ ~-r.y/ '.,....,to' "'\\." ~ /" -<. * l}\"" ""'I /.... \\\,,,, APPROVED AS TO FORM: 1IIIIIIIIl"\\\\ By Ci APPROVED AS TO CONTENT: AUDITOR'S CERTIFICATE I he~Bpy c~rtify that funds are availa $ .5 Ii Lit:s; tJ}5 to accomplish and pay; Denton County under this contract. of of LIBRARY AGREEMENT 05-06 9