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Home My WebLink AboutResolution 2001-045 RESOLUTIONl NO. 2001-045 WHEREAS, the City Council has heretofore authorized the North Richland Hills Library to enter into a Consortium with the libraries of Carrollton and Irving; and WHEREAS, THE Director of the North Richland Hills Library has executed that Consortium Agreement which is attached to this Resolution and marked Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The action of the Director of Library Service in executing the Consortium Agreement attached hereto as Exhibit "A" be, and is hereby, ratified and approved by the City Council. PASSED AND APPROVED this 2ih day of August, 2001. APPROVED: , 1~),,'j. '<_r~,...l\Jif <" f' ""~~,'~, "£;è~~\rlJJ>~Æ :..."í:f...· m\ }7 \ ,..-;In '.n.\ ," nr,,"""i' Á:m-'; ESTf( ¡r~,,'~ ~'; '~ ¡ y ,\t'"'::, \ ,(., 0" ~\ ,n¡"ç- (ß 'A ~ /~ ..J-_ Ø:t/vðl¿¿ ~ Patricia Hutson, City Secretary Exhibit A to Resolution No. 2001-045 Interlocal Agree}. LST A Library Cooperation Grant North Texas Virtual Refen~nce Library CONSORTIUM This Interlocal Agreement ("Agreement") is made and entered into by and between the libraries of the municipalities of Irving, Texas in Dallas County, Carrollton, Texas in Dallas and Denton Counties, and North Rich!and Hills, Texas in Tarrant County (hereinafter referred to as MUNICIPALITY individually or MUNICIPALITIES when referring to all three cities) for the mutual interest in providing expert library reference assistance to citizens in their municipalities. WHEREAS, each MUNICIPALITY is a duly organized political subdivision of the State of Texas engaged in the administration of municipal government and related services for the benefit of the citizens; and WHEREAS, the MUNICIPALITIES are engaged in the provision of library service for the benefit of the citizens of these cities; and WHEREAS, the MUNICIPALITIES hereby join in fornling the North Texas Virtual Reference Library CONSORTIUM (hereinafter referred to as the CONSORTIUM); and WHEREAS, the CONSORTlIUM has agreed to provide shared interactive virtual reference service over the Internet; and WHEREAS, the CONSORTIUM agrees to be subject to the provIsIons of CFDA #45.310, the Institute of Museum and Library Services, State Library Program, and the funding thereof for the year 0 f this grant; and WHEREAS, the CONSORTIUM and each MUNICIPALLITY agree to maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this agreement and shall make such materials available to Federal, State, and local representatives for audit, review and inspection; and WHEREAS, the CONSORTIUM and each MUNICIPALITY will cause to be perfoffiled the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations." WHEREAS, the CONSORTIUM and each MUNICIPAALITY agree to comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. 1. The term of this agreement shall be for the period from September 1, 200] through August 3 I, 2002. Additional annual renewals may be approved in accordance with paragraph IV and V and upon receipt of additional funding. However, if the CONSORTIUM does not receive notification of award of the LSTA Library Cooperation Grant by September 1, 2001 this agreement should be null and void. II. For the purposes and consideration herein stated and contemplated, the CONSORTIUM shall provide interactive virtual reference service over the internet without regard to race, religion, color, age, disability and/or national origin. The CONSORTIUM shall develop and maintain through the libraries one or more of the following programs of service: Interactive virtual reference service over the Internet. Remote access to each library's website. Trained reference librarians or reference paraprofessionals to assist patrons of all ages. 2 III. The CONSORTIUM shall designate the Director of Library Services, or their designee, of each MUNICIPALITY to act on behalf of the MUNICIPALITY to insure the performance of all duties and obligations of the MUNICIPALITY as herein stated. Further each Director shall devote suftìcient time and attention to the execution of said duties on behalf of MUNICIPALITY in full compliance with the tem1S and conditions of this agreement, and shall provide management of software, hardware, equipment, supplies, employees, agents, contractors, subcontractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of the agreement; and WHEREAS, the Director of Library Services of each MUNICIPALITY will form the Executive Committee to which each member MUNICIPALITY will participate and have an equal vote. IV. The CONSORTIUM shall designate the City of Irving as fiscal agent. Administration of funding will be provided by Irving and will include the payment of grant-related bills, contractual labor costs and related expenses. Only costs pre-approved by the full Executive Committee will be allowed. Towards the end of the funding year, service will be evaluated by the Executive Committee as to its effect. Consideration may be made to apply for additional funding from state, federal and/or private sources which may become available, but approval and consent to apply for such funding will be required from each MUNICIPALITY based on each MUNICrp ALITY's funding process. v. 3 The CONSORTIUM shall designate the City of Irving to be the sole proprietor of LSSI Corporation's Virtual Reference Desk software purchased through initial grant funding. The ownership of additional software and/or hardware acquired through grant monies shall be determined by the Executive Committee. "Seats" will be purchased through grant funding. A seat constitutes one proprietor to 24- hour login access for the use of the LSSI Corporations Virtual Reference Desk software. The seats will be owned by the individual cities in the CONSORTIUM with the exception of Irving owning an additional seat required for purchase of the interactive software. Other cities may be permitted to join and share in participating seats after full approval of the Executive Committee. Funding for additional purchased seats and/or statY for new members will not be provided for by this original grant. VI. This agreement is not intended to extend the liability of the parties beyond that provided by law. None of the CONSORTIUM MUNICIPALITIES waives any immunity or defense that would otherwise be available to it against claims by third parties. VIr. This agreement may be terminated at any time, by any party giving thirty (30) days advance written notice to the other parties in the event that a MUNICIPALITY believes the funding of the grant will require filtering internet access by a MUNICIPALITY. Additional1y, for any other reason this agreement may be terminated at any time by any party giving sixty (60) days advance written notice to the other parties. In the event of such termination by the Cities of North Richland Hills or Carrollton, the other two members of the Executive Committee may agree to continue service and act as the Executive Committee. If the city of Irving chooses to 4 terminate, the cities of North Richland Hills and Carrollton may agree to absolve their CONSORTIUM agreement with no fiscal penalties. After the grant is discontinued the equipment purchased with grant monies may then be used for another federal grant program per the Uniform Grant Management Standards. VIII. This agreement represents the entire and integrated agreement between the CONSORTIUM cities and supersedes all prior negotiations, representations and/or agreements, either written or oral. This agreement may be amended only by written instrument signed by the goveming bodies of each MUNICIPALITY in the CONSORTIUM. IX. 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 govemed by the laws of the State of Texas. x. 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. XI. 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 ordinances or resolutions extending said authority have been duly passed and are now in full force and effect. Executed in duplicate originals by the authorized representatives. 5 MUNICIPAUTY CITY OF IRVING, TEXAS By: Name: Title: Resolution # Dated ATTESTED: By: City Secretary APPROVED AS TO FORM: City Attomey APPROVED AS TO CONTENT: Director, Library Services MUNICIP ALITY CITY OF CARROLL TON, TEXAS By: Name: Title: Resolution # Dated ATTESTED: By: City Secretary APPROVED AS TO FORM: City Attomey 6 APPROVED AS TO CONTENT: Director, Library Services MUNICIP ALITY CITY OF NORTH RlCHLAND HILLS, TEXAS By: ~¿~_ Name: ~ev~... L . Bro...,a.o, Title: L;Jor.rj Þlr~~ Resolution # <; N J... () 0 I - f9 2... "1- Dated .:2 - ., {, - ð ! ATTESTED: BØ~éI~ ~t!J--- City Secretary c TOF~ ( APPROVED AS TO CONTENT: \S~ ¿~ Director, Library Services dise LSTA Library Cooperation Grant North Texas Virtual Reference Library CONSORTIUM 2IJO 1-201J I ---- 7