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HomeMy WebLinkAboutResolution No. 08-092 CITY OF THE COLONY, TEXAS RESOLUTION NO. 08- rYI:;2 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 Interlocal 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 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 6th day of October. 2008. ATTEST: ~ %~~d2~ , ;;~C:~;~~~'..~,~ \__,r T; ,. ~ ...~\. ....q~...::~ (';~~~ ", () \", 00 ~ -... t.:.), '"'' (-. ,().~ j- ~ L )~' t. t ~ ~~ ~ 4 , 8' , . " . ". 'j" ".. .0"'- r~x'i~ " 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 MUNICIP ALITY 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 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: 1. The term of this Agreement shall be for the period from October I, 2008, through September 30,2009. 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: I. Educational and reading incentive programs and materials for youth. 2008.2009 ICA-Library Agreement - City of The Colony/The Colony Public Library _ Page I of 7 NJDHS TM 21175,76,000 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 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 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 2008-2009 ICA-Library Agreement - City of The ColonylThe Colony Public Library . Page 2 of 7 NJDHS TM 21175,76,000 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. V1. 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 ofthe 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: 2008-2009 ICA-Library Agreement ~ City of The ColonylThe Colony Public Library - Page 3 of 7 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 -SIX THOUSAND SIX HUNDRED AND NO/lOO DOLLARS ($46,600.00), 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, 2008. 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/IOO 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 $10,000.00. 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 ''lilters'') 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 2008-2009 leA-Library Agreement - City of The ColonylThe Colony Public Library - Page 4 of 7 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 1,2008. XI. 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 2008-2009 ICA-Library Agreement - City of The ColonylThe Colony Public Library - Page 5 of 7 NJDHS TM 21175,76,000 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 on the day and year first written above. Mary Ho , ounty Judge Denton Co ty, Texas () -'1- V g" John Dillard City of The Colony By Acting on behalf of and by the authority of the Commissioners "\11111',, City Council Meeting \\\\ 1111 Court of Denton County, Tex~\~~~~~.~e~.i;""~ Dated 10/06/2008 ATTEST: !~./r../I.~.~.....?t~TT~T:~ . ;/ If" J::k ~.~ By ~6~ .~~ ~:X~". ~~~y~U fOd/j~, 'hu:::rt~ . .0-. .I i' ~... 1~, - "I.: ~ ~ Clt ecretary ~~%W:fPl:f..':~~~~ .f ORM?~/,/, *" "\..\" ........,........... APPROV ,'!',!,.tt,.,...._"'~,\'" .~ BY BY Assistant District Attorney ( AUDITOR'S CERTIFICATE I hereby certify that funds are available in the amount of $ 5' /, IOf). ~ accomplish and pay the obligation of Denton County under this contract! to 2008-2009 ICA-Library Agreement - City of The ColonylThe Colony Public Library - Page 6 of 7 NJDHS TM21175,76,OOO ..., o o '" , ..., o o ..., Exhibit "A" Service Population Allocation Chart CALCULATION WORKSHEET. FOR COUNTY FUNDING (2008"2009) t' H ~ ~ :>l tzl ~ tzl ~ PER CAPITA: MATCHING: $ 0,732 $ 10,000,00 DENTON COUNTY POPULATION: POPULATION OF CmES WITH LIBRARIES REMAINING POPULATION County Pop ratio: 0.598153926 614,650 384,600 . 230,050 Goal: 549900 ~ - --~ ---~ -- - ---- - --- ---- ------- - --- -- ~ - - - - .. . - - , . - - ____ __~__ _u_ _ __ ___ __ _ _ __ _ _ _ ____ ~______ _ _ _ _ ~_ AUBREY 6,704 4,195 2,509 $ 4,907 $ 10,000 $ 14,907 CARROU TON 111,839 69,980 41,859 $ 81,862 $ - $ 81,862 FLOWER MOUND 99,805 62,450 37,355 $ 73,053 $ - 1$ 73,053 FRISCO 54,272 33.959 20,313 $ 39,725 $ 5,000 $ 44,725 JUSTIN 4,954 3.100 1,854 $ 3,626 $ 10,000 $ 13,626 KRUM 6,073 3,800 2.273 $ 4,445 $ 10,000 $ 14,445 LAKE CITIES 52,419 32,800 19,619 $ 38,369 $ 10,000 $ 48,369 LEWISVlLLE 147,922 92,558 55,364 $ 108,273 $ - $ 108,273 LITTLE ELM 40,194 25,150 15,044 $ 29,420 $ 10,000 $ 39,420 PILOT POINT 6,393 4,000 2,393 $ 4,679 $ 10,000 $ 14,679 PLANO 8,467 5,298 3,169 $ 6,198 $ 5,000 $ 11,199 PONDER 1,215 760 455 $ 889 $ 10,000 $ 10,888 SANGER 10,708 6,700 4,008 $ 7.838 $ 10,000 $ 17,838 THE COLONY 63,686 39,850 23,836 $ 46,616 $ 10,000 $ 56,616 ----- - -- - - ~ --- -- - ~ ~ . - ., - - - - . -- AubffiY Population: Lake Cities Population: LlttIe Elm Population: AubffiY 2,500 Corinth 19,650 UtIle Elm 22,650 Crossroads 670 Hickory Creek 3,750 Oak Point 2,500 KrugeIVille 1,025 Lake Dallas 7,000 Total 25,150 Total 4,195 Shady Shores 2,400 32,800 Lewlsville 92,850 Carrollton less Dallas county Carrollton (Denton Cc 120,550 50,570 69,980 less Dallas Co, Lewisville 292 92,558 'tI III lQ CD ..... o .... .....