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Home My WebLink AboutR-1868-8-00RESOLUTION NO. 1868-8-00 (R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTER- LOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF ALLEN AND THE CITY OF PLANO PROVIDING THE TERMS AND CONDITIONS FOR THE LIBRARY COURIER SERVICES BETWEEN THE ALLEN PUBLIC LIBRARY AND SCHIMFi PFENIG LIBRARY IN PLANO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, authorizes govem nantal entities to contract with each other to perform government functions and services under the terns thereof; and, WHEREAS, the City Council has been presented a proposed Interlocal Cooperation Agreement by and between the City of Allen, Texas, and the City of Plano, Texas, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference (hereinafter called "Agreement'), providing terns and conditions for using a courier service in order to share library resources between Allen Public Library located at Two Allen Civic Plaza, Allen, Texas, and City of Plano Public Library system located at Schimelpfenig Library, 5024 Custer Road, Plano, Texas; and, WHEREAS, such sharing of library resources is possible by utilizing courier services to transport materials between libraries; and, ' WHEREAS, upon full review and consideration of Agreement, and all matters attendant and related thereto, the City Council is of the opinion that the terms and conditions thereof should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1: The terms and conditions of the Agreement, having been reviewed by the City Council of the City of Allen and found to be acceptable and in the best interest of the City of Allen and its citizens, are hereby in all things approved. SECTION 2: This resolution shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 17TH DAY OF AUGUST, 2000. APPROVED: Stephe Terrell, MAYOR ATTEST: Jud Iorri IC/AAE, CITY SECRETARY CITY COUNCIL AGENDA COMMUNICATION AGENDA DATE: SUBJECT: STAFF RESOURCE: PREVIOUS COUNCD. ACTION: ACTION PROPOSED: BACKGROUND August 17, 2000 Adopt a Resolution Authorizing an Interlocal Cooperation Agreement with the City of Plano for Library Courier Services Barbara Buehler, Library Director None Adopt a Resolution Authorizing an Interlocal Cooperation Agreement with the City of Plano for Library Courier Services The Allen Public Library and Plano Public Library have enjoyed an Interlocal Cooperation Agreement for automated services including a shared catalog for more than eight years, providing their customers with access to a broad range of library materials. To further enhance the sharing of resources, the two library systems propose to offer courier services between their libraries to provide delivery and return of those shared resources. STAFF RECOMMENDATION Staff recommends that the City Council adopt a resolution authorizing an Interlocal Cooperation Agreement with the City of Plano for library courier services. RITDGETARY IMPACT Funds of $4,200 have been requested in the fiscal year 2000 budget to support this service. MOTION I make a motion to adopt Resolution No. authorizing an Interlocal Cooperation Agreement with the City of Plano for library courier services for a one year term that may be renewed for five successive one year terms. ATTACFIbIENT Proposed Resolution Interlocal Cooperation Agreement INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF PLANO, TEXAS AND THE CITY OF ALLEN, TEXAS FOR LIBRARY COURIER SERVICES THIS AGREEMENT is made and entered into by and between the CITY OF PLANO, a home -rule municipal corporation located in Collin and Denton Counties, Texas (hereinafter referred to as "PLANO"), and CITY OF ALLEN, a home -rule municipal corporation located in Collin County, Texas (hereinafter referred to as "ALLEN"). WHEREAS, PLANO and ALLEN are both engaged in the provision of library services and maintenance which are governmental functions and the parties frequently share library resources; and WHEREAS, such sharing of library resources is possible by utilizing courier services to transport materials between libraries; and WHEREAS, PLANO will provide courier service for the transportation of library resources and ALLEN will pay certain specified charges for these services and both parties agree to enter into a contract for these services pursuant to the Intedocal Cooperation Act, Chapter 791 of the Texas Government Code; and WHEREAS, sharing of library resources by PLANO and ALLEN serves the welfare of the citizens, promotes efficiency and effectiveness of both local governments; and WHEREAS, ALLEN has current funds available to satisfy any fees owed pursuant to this Agreement. NOW, THEREFORE, PLANO and ALLEN, for the mutual consideration hereinafter stated, agree as follows: I. TERM The initial term of this Agreement shall be for the period beginning September 1, 2000, and ending August 31, 2001. Thereafter, upon mutual agreement of the parties hereto, this Agreement may be renewed for five (5) successive one (1) year terms commencing on September 1 of each year. LIBRARY COURIER SERVICES AGREEMENT PAGE t II. DUTIES OF PARTIES Plano agrees to provide library courier services using its own personal equipment, between Allen Public Library located at 2 Allen Civic Plaza, Allen, Texas and Schimelpfenig Library located at 5024 Custer Road, Plano, Texas, two times per week. This courier service is limited to transportation of books, films and other library materials and excludes the transportation of personnel. The number of van runs may be altered upon a mutual agreement of both library directors. Upon termination of this Agreement, the courier service shall immediately be terminated. Ill. PAYMENTTERMS The total compensation that ALLEN shall pay PLANO for the cost of the courier service will be based on a rate per mile. In the first year the total compensation is Three Dollars and Nineteen Cents ($3.19) per mile. A new rate will be determined each year beginning September 1 of that year. The total compensation each subsequent year will be based on the following formula: Driver Annual Salary (including benefits) / total miles driven in a year = driver rate per mile Driver rate per mile + Equipment Service on per mile basis (includes fuel costs, maintenance and vehicle depreciation) x 12.8 miles = total compensation. The number of miles round trip from the Schimelpfenig Library to the Allen Public Library is not to exceed 12.8 miles. The number of miles is calculated by Mapquest. ALLEN agrees to pay PLANO within thirty (30) days of receipt of the invoice. The Library Director for the City of Allen will be invoiced by Plano on a quarterly basis. Payments made pursuant to this Agreement shall be from current revenues available to each party. LIBRARY COURIER SERVICES AGREEMENT PAGE 2 IV. RELEASE AND HOLD HARMLESS Each party does hereby agree to waive all claims against, release, and hold harmless the other party and its respective officials, officers, agents, employees, in both their public and private capacities, from any and all liability, claims, suits, demands, losses, damages, attorneys fees, including all expenses of litigation or settlement, or causes of action which may arise by reason of injury to or death of any person or for loss of, damage to, or loss of use of any property arising out of or in connection with this Agreement. In the event of joint or concurrent negligence of the parties, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without, however, waiving any governmental immunity available to either party individually under Texas law. PLANO shall be responsible for its sole negligence. ALLEN shall be responsible for its sole negligence. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. V. FISCAL FUNDING ALLEN agrees that no payments owed by it to PLANO, including payment in advance for service charges or any sums of any character whatsoever, are or shall become delinquent or in arrears. Each party paying for the performance of governmental functions or services under this Agreement must make those payments from current revenues available to the paying party. VI. ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between PLANO and ALLEN 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 parties. LIBRARY COURIER SERVICES AGREEMENT PAGE 3 VII. VENUE 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, and this Agreement is performable in Collin County, Texas. Exclusive venue shall be in Collin County, Texas. VIII. SEVERABILITY The provisions of this Agreement are severable. In the event that any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement shall be found to be contrary to the law, or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of this Agreement. However, upon the occurrence of such event, either party may terminate this Agreement by giving the other party sixty (60) days written notice of its intent to terminate. Ix. NONWAIVER It is expressly understood and agreed that, in the execution of this Agreement, PLANO does not waive nor shall PLANO be deemed hereby to have waived any immunity or defense that would otherwise be available to it. It is further agreed that one (1) or more instances of forbearance by Piano in the exercise of its rights herein shall in no way constitute a waiver thereof. X. ASSIGNMENT AND SUBLETTING The parties each bind themselves, their respective successors, executors, administrators and assigns to the other party to this Agreement. Neither Plano nor Allen will assign, sublet, subcontract or transfer any interest in this Agreement without the written consent of the other party. No assignment, delegation of duties or subcontract under this Agreement will be effective without the written consent of Plano. Subject to the provision regarding assignment, this Agreement shall be binding on the administrators, legal representatives, successors, and assigns of the respective parties. LIBRARY COURIER SERVICES AGREEMENT PAGE 4 XI. INTERPRETATION OF AGREEMENT Although this Agreement is drafted by PLANO, this is a negotiated document. Should any part of this Agreement be in dispute, the parties agree that the Agreement shall not be construed more favorably for either party. XII. REMEDIES No right or remedy granted herein or reserved to the parties is exclusive of any right or remedy given hereunder. No covenant or condition of this Agreement may be waived without the express written consent of the parties. It is further agreed that one (1) or more instances of forbearance by either party in the exercise of its respective rights under this Agreement shall in no way constitute a waiver thereof. XIII. TERMINATION This Agreement may be terminated at any time, with or without cause, by either party giving 30(thirty) days advance written notice to the other party. In the event of such termination by either party, ALLEN shall pay immediately all fees which may be due and owing up to the effective date of termination of this Agreement. XIV. NOTICE OF TERMINATION Notice as required by this Agreement shall be in writing delivered to the Director of Libraries via facsimile or certified mail at the addresses listed below: PLANO Joyce Baumbach Director of Libraries 2501 Coit Road Plano, Texas 75075 Telephone: (972) 964-4208 Facsimile: (972) 964-4256 ALLEN Barbara Buehler Director of Allen Public Library 2 Allen Civic Plaza Allen, Texas 75013 (972)727-0190 (972)727-0295 LIBRARY COURIER SERVICES AGREEMENT PAGE 5 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. CITYOFPLANO, TEXAS �1� � "r�� ( �ihomas H. uehl nbeck Date: T Ir o CITY MANAGER U111*1A a -,Q- zc-e' � Elaine Bealke, CITY SECRETARY APPROVED AS TO (FORM: /- 4eROjand C. VVetherbhe, CITY ATTORNEY CITY OF ALLEN, TEXAS BY: Peter H. rgafi Date: CITY MAA R ATTEST: �1.d Jheo e-�— �u Mo on, CITY SECRETARY APPROVED AS TO FORM: PLRer G. Smith, TY ATTORNEY LIBRARY COURIER SERVICES AGREEMENT PAGE 6 ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF COLLIN § This instrument was acknowledged before me on the day of 2000 by THOMAS H. MUEHLENBECK, City Manager of the CITY OF PL EXAS, a home -rule municipal corpation, on be If of said corporation. VA" ARP NEWELL iY'�` £ NU, o i, ygk MT. -s �''�M,.- m n Erolres otaryPublic , ate of Texas IdMwr 47, zoos STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on the le day of 2000 by PETER H. VARGAS, City Manager of CITY OF ALLEN, TEM, a home -rule municipal corporation, for and on behalf of said corporation. LIBRARY COURIER SERVICES AGREEMENT LM, 'B. '" I 4CA-C(o Notary Public ,State of Texas r7_CH4h ANsMAAS W" P SWM W Te MY CvEW,n w 1x.200 LIBRARY COURIER SERVICES AGREEMENT LM, 'B. '" I 4CA-C(o Notary Public ,State of Texas r7_CH4h CITY OF ALLEN August 18, 2000 Ms. Mary Ann Dunnavant Administrative Coordinator Plano Public Library System 2501 Coit Road Plano, TX 75075-3892 Dear Ms. Dunnavant: At their August 17 meeting, the City Council adopted Resolution No. 1868-8- 00(R) approving the terms and conditions of an Interlocal Cooperation Agreement between the City of Allen and the City of Plano to provide library courier services between the Allen Public Library and Schimelpfenig Library in Plano. An executed original of the Interlocal Cooperation Agreement is enclosed. The City of Allen is looking forward to continuing our successful working relationship with the City of Plano. This agreement benefits both of our communities. Please contact Ms. Barbara Buehler, Library Director, at 972/727- 0196 or me at 972/727-0110 with any questions or concerns you might have. Sincerely, Peter H. VP City Mane cs cc: Barbara Buehler, Library Director enclosure ONE ALLEN CIVIC PLAZA • ALLEN, TEXAS 75013 9721727-0100 • PAX 972/727-0165 EMAIL: coa@cLaII..U.m