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08-097 - RTOWN OF PROSPER, TEXAS RESOLUTION NO. 08 -097 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE TOWN OF PROSPER AND THE PROSPER INDEPENDENT SCHOOL DISTRICT REGARDING LIBRARY SERVICES. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, an interlocal agreement between the Town of Prosper and the Prosper Independent School District regarding library services. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 28`x' day of October, 2008. ATTEST TO: atthew D. Denton, TRMC Town Secretary harles Niswanger, Mayor O F P r INTERLOCAL AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND THE PROSPER INDEPENDENT SCHOOL DISTRICT This Agreement (the "Agreement") is made and entered into as of this day of A)o1/e-P4,e,f' , 2008, by and between the town of Prosper, Texas, a home rule municipality ("Town") and the Prosper Independent School District ( "PISD "), on the terms and conditions hereinafter set forth. Whereas the Town and the PISD enter and engage into this Agreement under the general provisions of the Interlocal Cooperation Act, Texas Government Code Chapter 791; Whereas the Town does not own or operate a library for public use; Whereas the PISD owns school facilities which currently house PISD library facilities; Whereas the Prosper Town Council ("Town Council") has a legitimate interest in providing a public library for the citizens for Prosper, Texas. Many of the Town's citizens have children enrolled in PISD schools and they, their children, and those citizens without children in the district's schools will be able to reap the educational benefits and recreational enjoyment that access to a public library will provide. Additionally, the Town will conserve public resources by contracting with the PISD; and Whereas the Town Council hereby finds that a legitimate public purpose shall be served in the expenditure the subject of this agreement and in making the public library available to residents of the Town. Now, Therefore, in consideration of the promises, covenants and agreements set forth in this Agreement, the receipt of which are hereby acknowledged, the Town and the PISD, agree as follows: 1. Use and Operation of the Library. The PISD agrees to operate a library for public use at 300 Eagle Lane, Prosper, Texas in accordance with the following schedule: Monday and Wednesday Tuesday and Thursday Friday Saturday Sunday a. Additional Summer Hours: Monday and Thursday Tuesday Wednesday and Friday Saturday Sunday 8:15 a.m. — 7:00 p.m. 8:15 a.m. — 7:00 p.m. 8:15 a.m. — 3:30 p.m. 9:00 a.m. —1:00 p.m. Closed 8:00 a.m. — 4:00 p.m. 12:00 p.m. — 800 p.m. 8:00 a.m. — 4:00 p.m. 9:00 a.m. — 1:00 P.M. Closed b. Additional Books: $6,000 (bestsellers, etc.) c. Summer Reading Program: $1,500 (performers, supplies, etc.) Interlocal Agreement Between Town of Prosper and Prosper ISD [Library Agreement] Page 1 PISD will provide an annual report to Town Council by the first Council Meeting of November, detailing library use including, but not limited to, statistics on the number of community patrons utilizing the library, number of volumes in circulation, success of the summer reading program, and other pertinent data on the operations of the community library. The Town of Prosper and the PISD will cooperate in the development and implementation of an ongoing customer satisfaction survey. This survey will be conducted by May of each year. The survey will include questions addressing customer satisfaction with community library services, timeliness and availability of holdings and services, helpfulness of staff and the attractiveness, accessibility and convenience of the facility. The PISD will be solely responsible for staffing the library, for the facility, insurance and the maintenance of the building, and for setting the policies that govern the schedule, programs and the materials for the library. 2. Library Board. The PISD agrees that the library board will include one member of the Town staff or Town Council. Such member shall be appointed by the Town Council. 3. Duration of the Agreement. The duration of the Agreement is from October 1, 2008 through September 30, 2009. Upon written request by the Town, the agreement may be extended on an annual basis. This Agreement may be terminated by either party at its sole option and without prejudice by giving ninety (90) days written notice of termination to the other Party. 4. Costs. The Town shall pay ten thousand dollars ($10,000) to the PISD by January 31, 2009. If this agreement is terminated early, PISD shall return a pro-rata portion of the $10,000 to the Town, based upon the number of days remaining in the calendar year, within fourteen (14) days of the effective date of termination. In accordance with the Interlocal Agreement between Collin County and the Prosper Community Library, signed on September 3, 2008, additional funds will be paid to the Community Library as appropriated through Collin County. 5. Liability. Both parties expressly recognize that as political subdivisions they are not responsible or liable for misrepresentation to third parties, nor for errors or omissions, negligence, or disputes with the third parties which through the fault of the other party may arise during the terms of this Agreement. Nor does either party agree to indemnify the other for such errors and omissions. Accordingly, in the event such a dispute arises, each party agrees to bear its own cost in defending the action that may arise as a result of the dispute, including, but not limited to attorney's fees. 6. Miscellaneous Provisions. A. Notices. Any notice required or permitted under this Agreement shall be given when actually delivered or when deposited in the United States mail as certified mail addressed as follows: Interlocal Agreement Between Town of Prosper and Prosper ISD [Library Agreement] Page 2 To PISD: Prosper Independent School District Superintendent P.O. Box 100 Prosper, Texas 75078 Telephone: 972-346-3316 Facsimile: 972-346-9247 To Town: Town of Prosper Town Manager P.O. Box 307 Prosper, Texas 75078 Telephone: 972-346-2640 Facsimile: 972-346-9335 B. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. C. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and exclusive venue shall be in Collin County, Texas. D. Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. E. Sovereign Immunity. Nothing in this Agreement shall be deemed a waiver of the governmental, sovereign, or official immunity afforded by law to either the Town of PISD. F. Non-Transferable. Neither party hereto shall sublet, transfer or assign any of its rights hereunder to a third party. G. Waiver of Breach. A waiver by either Town or PISD of a breach of the Agreement by the other party does not constitute a continuing waiver or a waiver of any subsequent breach of the Agreement. H. Parties Bound. The Agreement shall be binding upon, and inure to the benefit of, the parties to the Agreement and their respective heirs, executors, administrators, legal representatives, successors, and assigns when permitted by this Agreement. I. Legal Construction. In case any one or more of the provisions contained in the Agreement shall for any reason be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of the Agreement, and the Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been included in the Agreement. J. Equal by all Parties. The Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of the Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Interlocal Agreement Between Town of Prosper and Prosper ISD [Library Agreement] Page 3 K. Amendment. No amendment, modification, or alteration of the terms of the Agreement shall be binding unless it is in writing, dated subsequent to the date of the Agreement, and duly executed by the parties to the Agreement, L. Force Majeure. Neither Town nor PISD shall be required to perform any term, condition, or covenant in the Agreement so long as performance is delayed or prevented by force majeure, which shall mean acts of God, strikes, lockouts, material or labor restrictions by any governmental authority, civil riots, floods, and any other cause not reasonably within the control of the Town of PISD and which the exercise of due diligence Town or PISD is unable, wholly or in part, to prevent or overcome. M. No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the Parties do not intend to create any third party beneficiaries by entering into this Agreement. IN WITNESS WEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest date as reflected by the signatures below. TOWN OF P TEXAS t%;11111111/1 PRO By Charles Niswanger, Mayor Date: ld !(k8 AT M tftgthew Denton, Town Secretary 'rEX A'S 'o'N PRO SPE"DEPEND F,NT SC OOL DISTRICT By. rew Watkins, Sup4intendent STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Charles Niswanger, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me, that he is the duly authorized representative of the Town of Prosper, the he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated, GIVEN UNDER MY HAND SEAL OF OFFICE, this day ofc.1, 2008. PAMELA WEBS Notary Public, State of Texas My COMMISSION EXPIRES -7 July 17, 2009 Z/o -Notary's Printed Name My Commission Expires: Interlocal Agreement Between Town of Prosper and Prosper ISD [Library Agreement] Page 4