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Home My WebLink AboutR-2080-8-02RESOLUTION NO. 2080-8-02(R) ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF ALLEN, TEXAS AND THE CITY OF PLANO, TEXAS PURSUANT TO CHAPTER 791 OF THE TEXAS GOVERNMENT CODE TO PARTICIPATE IN A PESTICIDE APPLICATION FOR MOSQUITO CONTROL PROGRAM; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Interlocal Cooperation Act provided under chapter 791, Government Code, authorizes local govemnte:tts to contract with each other to the greatest extent possible to perform government functions and services under the temu thereof; and, WHEREAS, the City Council of the City of Allen, Collin County, Texas has been presented a proposed Interlocal Cooperation Agreement by and between the City of Allen, Texas, and the City of Plano, Texas to participate in Pesticide Application for Mosquito Control Program, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference; and, WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the City Manager should be authorized to execute the Agreement on behalf of the City of Allen, Collin County, Texas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1: The Agreement attached hereto as Exhibit "A" having been reviewed by the City Council of the City of Allen, Collin County, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved, and the City Manager is hereby authorized to execute the Agreement on behalf of the City of Allen, Collin County, Texas. 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 13TH DAY OF AUGUST. 2002. APPROVED: J;0 ej��' Stephen errell, MAYOR ATTEST: �reu-,r p n B-S.itio 0-' ^-- J y Mo on, CMC/MMCA, CITY SECRETARY INTERLOCAL AGREEMENT BETWEEN THE CITY OF PLANO, TEXAS AND THE CITY OF ALLEN, TEXAS FOR MOSQUITO CONTROL SPRAYING 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 the CITY OF ALLEN, a home-mle municipal corporation located in Collin County, Texas (hereinafter referred to as "ALLEN"). WHEREAS, Chapter 791 of the Texas Government Code provides authorization for local governments to contact with each other for the performance of governmental functions and services; and WHEREAS, it is a governmental function for City to control mosquito infestation for the health, safety and welfare of the its citizens; and WHEREAS, PLANO currently possesses spaying equipment (Ultra Low Volume ("ULV")) and health specialists trained in pesticide application licensed by the Texas Department of Health (TDH) to provide the pesticide application and is willing to offer this service at $160.00 per hour; and WHEREAS, ALLEN desires to retain PLANO for the pesticide application at the prescribed fee and has current revenues available to satisfy its fees pursuant to this Agreement; and NOW, THEREFORE, this Agreement is made and entered into by PLANO and ALLEN as permitted by Chapter 791 of the Texas Government Code and for the mutual consideration stated as follows: I. EFFECTIVE DATE/ TERMINATION The effective date of this Agreement shall be upon execution by the parties. This Agreement may be terminated at any time, with or without cause, by either party giving fifteen (I5) Cooperative Purchasing Agreement with City of Allen Resolution No. 2080-8-02(R), Page 2 days advance written notice to the other party. The obligation to pay for any services incurred prior ' to termination shall survive termination. II. TERM The initial term of this Agreement shall be for a period beginning with the effective date of this Agreement, and ending September 30, 2002. PESTICIDE APPLICATION SERVICE PLANO will use the Ultra Low Volume (ULV) aerosol generator in its application of low - toxic adulticides approved by Environmental Protection Agency. MSDS sheets and/or product labels are available to ALLEN upon request. Pesticide application activities by PLANO will be conducted between the hours of 12 midnight and 5:00 a.m. IV. PAYMENT PLANO will bill ALLEN for the cost of the pesticide application upon completion of the application or on a monthly basis based upon actual work performed during the month at ONE HUNDRED SIXTY DOLLARS ($160.00) per hour. ALLEN agrees to pay such billing within thirty (30) days of receipt of billing. In the event that additional funds are due frr funded items, PLANO will bill ALLEN, who agrees to fund and pay such amount within thirty (30) days of receipt of such billing. V. NOTICE Notice as required by this Agreement shall be in writing delivered to the parties via facsimile or certified mail at the addresses listed below. Each party shall notify the other in writing ' within ten (10) days of any change in the information listed in this paragraph. Coopemtive Purchasing Agreement with City of Allen Resolution No. 2080-8-02(R). Page 3 PLANO ALLEN ' Brian Collins Bret McCullough Environmental Health Director Chief Building Official City of Plano City of Allen P. O. Box 860358 305 Century Parkway Plano, Texas 75086-0358 Allen, Texas 75013 Telephone: (972) 941-7334 Telephone: (972) 727-0135 Facsimile: (972) 941-7142 Facsimile: (972) 727-0134 VI. INDEMNIFICATION To the extent allowed by law, each party agrees to release, defend, indemnify, and hold harmless the other (and its officers, agents and employees) from and against all claims or causes of action for injuries (including death), property damages (including loss of use), and any other losses, demands, suits, judgments and costs, including reasonable attorneys' fees and expenses, in any way arising out of, related to or resulting from its performance under this Agreement, or caused by its ' negligent acts or omissions (or those of its respective officers, agents, employees, or any other third parties for whom it is legally responsible) in connection with performing 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 we not intended to create or grant any rights, contractual or otherwise, to any other person or entity. VII. kCel DICE"'A PLANO and ALLEN 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 Cooperative Purchasing Agreement with City of Allen Resolution No. 2080-8-02(R). Page 4 those of its agents or employees in conjunction with the performance of work covered under this ' Agreement VIII. VENUE This Agreement and any of its temvs 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. 10 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. X. ' 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, in 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 fifteen (15) days written notice of its intent to terminate. I:Y 0 AUTHORITY TO SIGN / CITY COUNCIL AUTHORIZATION The undersigned officer and/or agents of the parties hereto are duly authorized officials and possess the requisite authority to execute this Agreement on behalf of the parries hereto. ALLEN has executed this Agreement pursuant to the duly authorized resolution of the ALLEN City Council Cooperative Purchasing Agreem nl wifi City of Allen Resolution No. 2080-8-02(R), Page 5 on AUGUST 13, 2002. PLANO has executed this Agreement pursuant to the duly authorized Plano City Council Resolution No. 20002-7-26 (R) dated JULY 26, 2002. XII. ASSIGNMENT AND SUBLETTING The parties agree that the rights and duties contained in this Agreement will not be assigned or sublet without the prior written consent of both parties. F4-1-1 INTERPRETATION OF AGREEMENT This is a negotiated Agreement, should any part of this Agreement be in dispute, the parties stipulate that the Agreement shall not be construed more favorably for either party. XIV. It is expressly understood and agreed that, in the execution of this Agreement, the parties do ' not waive, nor shall they be deemed hereby to have waived any immunity or defense that would otherwise be available to them against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligation, express or implied, other than those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. ,,'' 11'' EXECUTED in duplicate originals this Ahday of GSi" , 2002. CITY OF PLANO, TEXAS CITY OF ALLEN, TEXAS ay�� gvlBy: .i roman H. Muehle!' beck Peter H.'Vaxas CITY MANAGER CITY A,PER P. O. Box 860358 305 Century Parkway Plano, Texas 75086-0358 Allen, Texas 75013 APPROVED AS TO FORM: APPROVED AS TO FORM: Diane Wetherbee, CITY ATTORNEY -Peter Smitf, CITY ATTORNEY Cooperative Purchasing Agreement with City of Allen Resolution No. 2080-8-02(R), Page 6 ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF COLLIN ) CITY OF ALLEN, TEXAS This instrument was acknowledged before me on the L day of LLS t 2002, by PETER H. VARGAS, City Manager of the CITY OF ALLEN, TEXAS, a home -rule municipal corporation, on behalf of such corporation. ✓ .w.. ConnieS Schofield +'�'��q♦{�� t NOWry Pub l¢ Slake of Tens M, U.... Em. .L•-J� SEPTEMBER 18, 20101 �.v STATE OF TEXAS L '2Qy ' tPoC, Notary Public, State of Vkas CITY OF PLANO, TEXAS COUNTY OF COLLIN ) This instrument was acknowledged before me on the 01 / day of 2002, by THOMAS H. MUEHLENBECK, City Manager of the CITY OF PL ,TEXAS, a home -rule municipal corporation, on behalf of such corporation. 1 BARBARA NEWELL °., �9^E Notary Public State of Texas r.} � f MY ConNlYaalon Expires �+'.',,,,/ October OI, 2003 Cooperative Purchasing Agreement with City of Allen Resolution No. 2080-8-02(R), Page 7