HomeMy WebLinkAboutResolution No. 07-095
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 07-01~
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 lnterlocal 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 lnterlocal 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
5th day of November, 2007.
ATTEST:
, ":'J..
, Of THi>~\
., '.:
..l'-l.....oo.. . """. .'.
..,.,., ", ....0'
r~ .,' ',; "
, "'..' "'<0 "
lJJ :' . .' ". Z
:r.: : Q f"' ; ~ b
~~ \. 4.1~L .,~
\~-," - - --~
.~ .' ....-
c;, I~" A:j ,
('<:-;:'~r.:: f\
STATE OF TEXAS,
~
~
~
THE COLONY PUBLIC LIBRARY
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 "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 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 subject to the
provisions of V.T.C.A., Government Code Chapter 791, the lnterlocal 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:
L
The term of this Agreement shall be for the period from October 1, 2007, through
September 30, 2008.
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 issuance, 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:
1. Educational and reading incentive programs and materials for youth.
2007-2008 ICA-Library Agreement - City of The ColonyfThe Colony Public Library _
Page I of 6
NJDHS TM 21\ 75,76,000
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 oflife 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 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 City Manager or designee 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. City Manager or designee 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'S annual questionnaire as documentation
of MUNICIPALITY'S expenditures and provision of service.
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
2007-2008 ICA-Library Agreement - City of The ColonyfThe Colony Public Library _
Page 2 of 6
NJDHS TM21175,76,OOO
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 to provide a librarian who meets the requirements of the
MUNICIPALITY'S job description.
VII.
The COUNTY and 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.
The MUNICIPALITY agrees to hold harmless and unconditionally indemnify
COUNTY against and for all liability which MUNICIPALITY may at any time suffer in any
matter arising from the work performed hereunder, including but not limited to any negligent act
or omission of MUNICIPALITY, its officers, agents or employees.
The COUNTY and MUNICIPALITY acknowledge and agree that COUNTY or
MUNICIPALITY do not waive any sovereign or governmental immunity available to
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.
VIII.
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.
IX.
Any notice required by this Agreement shall be delivered, in writing, by either COUNTY
or MUNICIPALITY to the following addresses:
2007-2008 ICA-Library Agreement - City of The ColonyfThe Colony Public Library -
Page 3 of 6
NJDHS TM 21175,76,000
The address of COUNTY is: County Judge, Denton County
11 0 West Hickory
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, COUNTY agrees to pay
MUNICIPALITY fees as described herein, from current revenues available for such payment.
COUNTY shall pay MUNICIPALITY fees in the amount of FORTY SEVEN THOUSAND
ONE HUNDRED AND NO/I00 DOLLARS ($47,100.00), based upon North Central Texas
Council of Governments service population allocation figures provided to COUNTY by the
Library Advisory Board, payable in equal quarterly installments to MUNICIPALITY
commencing October 1, 2007. The Allocation chart setting forth said figures is attached hereto
and incorporated herein for all intents and purposes as Exhibit "A." In addition, COUNTY
agrees to pay MUNICIPALITY an amount not to exceed TEN THOUSAND AND NO/I00
DOLLARS ($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.
4. 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.
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 43.21 of the Texas Penal Code, or (2) contain pornography. The
2007-2008 ICA-Library Agreement - City of The ColonyfThe Colony Public Library _
Page 4 of 6
NJDHS TM 21175,76,000
technology protection measures shall be in compliance with the Children's Internet Protection
Act.
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 1,2007.
XL
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,
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 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, 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 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.
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.
XIV.
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,
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
2007-2008 ICA-Library Agreement - City of The ColonyfThe Colony Public Library -
Page 5 of 6
NJDHS TM21175,76,OOO
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 triplicate originals in Denton County, Texas, by the authorized
representatives,
ty Judge//___:lO..-o 7
, Texas
By
Name:
Title:
\\\\ll'1/111
Acting on behalf of and by the ",\,\\ C a U,R T JI/!II'..~
authority of the Commission~l$~ ~..:',:--' . P:-,..<?' 'l~ City C~'Y{ Meeting ~ 7
Court of Denton County, Te~.:,{,<,: ,;:..<% "3:>ated tJ\/. ~
~ ~ .....Q::.ll '-'~-;,'~"'" ~ ~,
= c./) : r:p;.-' <~.. ': 0 ::::-
= 0) :~" .z: .' ,t;.~~: Z 'i.'(!LT
::: ::;::- :o~;.; "''';':, \. ,,',,'(I;:l1 :
'-,C. . ,,:. ,,; ,J,' c-.., ... . .
:;: ~ '."'.' ./ ~ "'~: c::5::::- W~
" ~ ..... '~, /::f,.... s::....' ::
::. ., ,.....~.fB M-
~;.. ':{. ,,~"~ City Secretary
-7-1... '1' ",
"'/I,,"lll\"
:PR~~=
Assistant District Attorney
BY
'"
BY
AUDITOR'S CERTIF ATE ~rl
I hereby certify that funds are available in the /llIlount of $ 5'.4 / d;) Y to
accomplish and pay the obligation of Denton County i nder this contract. .
2007-2008 ICA-Library Agreement - City of The ColonyfThe Colony Public Library -
Page 6 of 6
NJDHS TM 21175.76.000
09/25/2007 05:02
't:
ell
t.i
c:
oS!
ii
. 0
~=:::
~oq:
;a 1;;0
... .....
~'}i;
Ll.l:;
g.
Q:,
CD
.u
~
CD
l'J)
Ci)
c
o
C)I
.....
o
Q
~
(!)
z
is
z
=>>
u..
~
:::)
o
(J
IX
o
L&.
I-
w
w
:J:
CI),
:lI::
IX
o
:!:
z
o
~
....
:J
o
-I
()
...-0
LOO
r-. .
.Q
00
o
o
.....
~~
~ ..
~<!)
a:~
0:(:J:
Uu
~i
9403492751
DISTRICT ATTORNEY
CI)
ill
a:
~
.. t:D
z::i
g~~
(")(0""
ai'llfcr)
~~~
o
<;I
en
rj;l
~
000
QlDln
00. <:T. ~
NN~
i!i
o
CD
i:::
g
ii
:;
o
0..
EE~
--0
wWQ._
~~~S
;::=1;1l
::i::JO~
00000
LnOLOlDln
'<t'<tCOC\lI:n
ai'c-.i(l)'NC
.... C'1
co
lD
~
(")
lD
l.(')
en
l.(')
d
!;;
,9
1i:i
"5
&. ii rg
t/j ~!g 5
CI) {)-.r:;
E >."'ia (f.I
U;5 j:...'Cl>>
.... s:: 0 .." "0
~'c't3.x I;1l
I;1l 0 .- m J::
....1<) J: ...J en
OOI(.lID
lD,...C\I'<t
Mr.oOO
N .,..:~
~~
1;1l=
>-e~
l!!l!!enm"",
.c.c:g0l~
~~u~~
PAGE 01/01
ONco
10m."
~N"'!.
.... ....
m (J)
o
()
en
m~.!!
=~~
in III
'~ ~ i
Q)~lll
....I .....
Ot--.C"'.I
10 ~ =
"'''=tco
000;
N LO CD
......
.eo
s:
::l
o
CJ
.z:.C
r::.:3
;:::s II:
o cb
00
en -
r;: J2 !;;
oiiij
~c_
Olt)e
t:: 1Il ...
I;1l m C'II
u-o