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Home My WebLink AboutR-2343-10-04RESOLUTION NO. 2343-10-04(R) ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT BY AND AMONG THE CITY OF ALLEN, TEXAS, CITY OF FRISCO, TEXAS, AND CITY OF PLANO, TEXAS, PERTAINING TO THE FUNDING OF SERVICES RELATING TO THE ARTS OF COLLIN COUNTY COMMISSION, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; APPROVING NON -SUBSTANTIVE CHANGES IN DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Allen, Texas, has been presented a proposed Interlocal Agreement by and among the City of Allen, Texas, City of Frisco, Texas, and City of Plano, Texas, pertaining to the funding of services related to the Arts of Collin County Commission, Inc.; 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, Texas. 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, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference, having been reviewed by the City Council of the City of Allen and found to be acceptable and in the best interests of the City of Allen and its citizens, be, and the same is hereby, in all things approved. SECTION 2. The City Manager is hereby authorized to execute the Agreement on behalf of the City of Allen, substantially according to the terms and conditions set forth in the Interlocal Agreement and this Resolution. SECTION 3. Any non -substantive changes in documents may be approved by the City Manager without the passage of a new resolution. SECTION 4. The City Secretary shall forward a certified copy of this Resolution to the City Secretary of the City of Plano and the City of Frisco. SECTION 5. This Resolution shall become effective from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 12r" DAY OF OCTOBER 2004. APPROVED: ' ATTEST: tepheu Terrell, MAYOR Shelley B. SECRETARY AGREEMENT BETWEEN THE CITIES OF ALLEN, FRISCO, AND PLANO FOR FUNDING SERVICES RELATED TO THE ARTS OF COLLIN COUNTY COMMISSION, INC. THE STATE OF TEXAS COUNTY OF COLLIN WHEREAS, the cities of Allen, Frisco, and Plano, collectively referred to as "Cities" wish to enter into this Agreement to set forth the terms and conditions for providing initial funding for services related to the Arts of Collin County Commission, Inc. "ACC'; and WHEREAS, the Cities have previously entered into an Interlocal Agreement "Interlocal" attached hereto, to form the ACC, and are deemed Owners as that term is used in the Interlocal, and as joint Owners of the ACC, the Cities have participated in the cost sharing for the various services and expenses necessary for the ACC's existence; and WHEREAS, the Cities find that it is in the public's interest that design services be performed before an Approved Project can be considered, and such services will require funding from the Cities; and WHEREAS, the City of Plano, "Plano" agrees under the terms and conditions set forth in this Agreement to provide the initial funding up to ONE MILLION TWO HUNDRED THOUSAND DOLLARS ($1,200,000) for the design work necessary in order for the ACC to recommend an Approved Project to be considered by the Cities. NOW, THEREFORE, in consideration of the recitals set forth above, the Cities agree to the terms and conditions set forth below: I. SCOPE OF THE AGREEMENT The Cities, as joint Owners of the ACC, have agreed to share equally in the capital costs for an Approved Project as that term and corresponding obligations are set forth in the Interlocal. In order to submit a Project to the Owners for approval, work is necessary to complete the conceptual design, and this work requires additional funds not currently allocated to the ACC. II. OBLIGATIONS Plano agrees to provide funding up to ONE MILLION TWO HUNDRED THOUSAND DOLLARS (51,200,000) under the terms and conditions set forth in this Agreement for the purpose of retaining conceptual design services, including but not limited to architectural, engineering, acoustical, etc. Plano's offer to provide funds and the repayment or crediting to Plano under the terms of this Agreement, shall not be construed as the Cities approval of an Approved Project; such approval shall be by separate action. b. The City of Allen "Allen" will administer the funding provided by Plano and services that are approved by the ACC Board of Directors for the conceptual design services described in a. above. Plano shall provide funding for services described in this Agreement upon Plano's receipt of a copy of the vendor's invoice from Allen. The forwarding of the invoice copy to Plano represents that, to the best of Allen's knowledge, the services and/or goods, and expenses that are described in the invoice are valid and have been reviewed by the ACC Treasurer, President, or Executive Director. Plano shall make payment to Allen within fifteen (15) days of receipt of invoice and Allen shall pay the invoice within fifteen (15) days of receipt of funds from Plano. C. Allen agrees to make all accounting records, transactions and reports, including audit reports, related to the conceptual design services available for inspection and copying by either Frisco or Plano during normal business hours. III. CREDIT/REIMBURSEMENT TO PLANO In consideration of Plano advancing up to ONE MILLION TWO HUNDRED THOUSAND DOLLARS ($1,200,000) of its bond funds for this Agreement, the parties agree to the following: a. Upon all Cities entering into a Contribution Agreement for an Approved Project as set forth in Article II, section 2 of the Interlocal, and this event occurs not later than October 1, 2007, Plano shall receive a credit for its capital contribution for the Approved Project in the amount it has furnished under this Agreement. C:\Documents and Setfings\kwingo\Local Setdngs\Temporary Internet Files\OLK856\Funding AgreemenWth Frisco Allen 1A1-0 final.doc(1011/04-DW) b. In the event, there is no Approved Project and Contribution Agreement executed by all Cities by October 1, 2007, or any party terminates this Agreement as set out in Art. VI, below, the parties agree that Plano shall be reimbursed by Allen and Frisco for the funds advanced by Plano herein; however, Allen and Frisco shall each be responsible for one-third (1/3) of the funding provided by Plano, including their proportionate share of the interest charges on the funds advanced. Reimbursement shall be made within thirty (30) days of receipt of a statement from Plano which shows the funding provided and associated interest charges. A failure to make payment on that date shall result in additional interest charges as allowed by law, and all other relief as allowed by law. IV. FUNDS AVAILABILITY By entering into this Agreement, Allen and Frisco agree to issue their respective bonds to make repayment as may be required herein; alternatively both Allen and Frisco agree to pledge sufficient financial resources in which to make their respective repayments as needed. V. TERMINATION Any party may terminate this Agreement by providing thirty (30) days written notice to the other parties at the addresses shown in the Notice Provision; however, the repayment of monies owed Plano and right to inspect and copy records shall survive the termination of this Agreement. In the event of termination, any funds advanced by Plano as indicated in HI(b) above, shall be due and owing within thirty days following the termination and after Plano has issued the statement of amount owed. VI. IMMUNITY In the execution of this Agreement, neither party waives nor intends to waive any immunity or defense otherwise available against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein, and this Agreement does not create any rights in parties who are not signatories to this Agreement. VII. NOTICES Unless otherwise instructed in writing, each party will send via certified mail all contractual notices or communications to the other party at the following respective address: CITY OF PLANO, TEXAS P.O. Box 860358 (3:0=nrents and Settlngs*Wngo\Local Settings\Temporary Internet Files\01_1<856\Funding AgreemenWth Frisco Allen 10.144 final.doc(10/1/04-DW) Plano, Texas 75086-0358 Attn: Thomas H. Muehlenbeck, City Manager CITY OF FRISCO, TEXAS 6891 Main Street Frisco, Texas 75034 Attn: George Purefoy, City Manager CITY OF ALLEN, TEXAS 305 Century Parkway Allen, Texas 75013 Attn: Peter Vargas, City Manager VIII. ENTIRE AGREEMENT OF PARTIES This Agreement supercedes any and all other agreements, either oral or in writing, between the parties with respect to the subject -matter of this Agreement. Any other agreement, statement, or promise that is not contained in this contract is not valid or binding. The parties agree that this Agreement and its attachments constitute the entire understanding of the parties. Further, the parties may only amend, supplement, modify, or cancel this Agreement through an executed written instrument. IX. SEVERABILITY OF PROVISIONS In the event a term, condition, or provision of this Agreement is determined as void, unenforceable, or unlawful by a court of competent jurisdiction, the parties agree that such term, condition or provision is severable, and that the remainder of the Agreement shall remain in full force and effect. X. GOVERNING LAw/VENUE The laws of the State of Texas govem the validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties. The parties agree that exclusive venue shall lie in Collin County, Texas. XI. WAIVER Neither party may waive any covenant or condition of this Agreement without the express written consent of the other party. Failure by either party to enforce a breach of any provision of this Agreement will not constitute a waiver of any subsequent breach of such provision. XII. EFFECTIVE DATE CADocuments and Settings\kWngo\Local SeNngs\Temporary Intemet Flles\01-1<85MFunding AgreemenWth Fnsw Allen 10.1-04 final.doc(10/1/04-DW) The effective date of this Agreement shall be the latest date of any signatory. SIGNED AND EXECUTED on the dates indicated below Date: l p Pa 104 - APPROVED AS TO FORM: Diane C. Wetherbee, CITY ATTORNEY Date: 1011 APPROVED Richard Abernathy, CITY ATTORNEY Date: APPROVED AS TO FORM: PeterG. SmATTORNEY STATE OF TEXAS CITY OF PLANO, TEXAS BY: � mas H. MuehUkb&k C MANAGER CITY OF FRISCO, TEXAS BY: Cs" 147 ;A George Porefoy CITY MANAGER CITY OF ALLEN, TEXAS BY: ns—� Peter Varga CITY MANA C.Tmments and SeNngs*Wngo\Local Settings\TernWmry Intemet Files\OLKaWFunding AgmemenWth Frisco Allen 10-1-04 final.Coc(10{1/04-DW) COUNTY OF COLLIN This instrument was ac ledged before me on the 1, day of &A6F-1.L A , 2004 by City Manager of the CITY OF PLANO, TEXAS, a home -rule municipal corporation, on behalf of said corporation. °wk ELAINEA. BEALI(E Notary Publi State of Texas jZq�'P Comm. Expv,. 01-25-2008 STATE OF TEXAS COUNTY OF COLLIN Notary Public, State of Texas This instrument was acknowledged before me on the 'I'u" day of M ctk� , 2004 by GEORGE PUREFOY, City Manager of the CITY OF FRISCO, TEXAS, a ;,)~ .;.t,. corporation, on behalf of said corporation. ,;.:•% q'::AugusID1,2006 RI L. NiCCORD P Olk Stara of Tom, Commission Espues ;`?;i:• STATE OF TEXAS COUNTY OF COLLIN Notary Public, State of Texas //�� This instrument was acknowledged before me on the /3�' day of ILL.bLE'iAeh/ 2004 by PETER VARGAS, City Manager of the CITY OF ALLEN, TEXAS, a �,n;r� corporation, on behalf of said corporation. " e KAY DRESCWR s, g Naay PUEle. abb arW yy %,j aYCCIMif411� ♦bpd JUNE 15, 2008 Notary Puglic, State of Texas CADmumenfs and Sidtngs\ ngo\Local Settings\Temporary Internet Files\01-1<8581Funding Agreementvnth From Allan 10-1-04 final.doc(10/1/04-DW)