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Home My WebLink AboutR-2290-5-04RESOLUTION NO. 22911-5-00R) ' A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE ATTACHED INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF ALLEN AND THE CITY OF LUCAS PERTAINING TO INSPECTION SERVICES FOR SCHOOL FACILITIES LOCATED WITHIN THE CITY OF LUCAS; AUTHORIZING EXECUTION OF THE INTERLOCAL AGREEMENT BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, authorizes governmental entities to contract with each other to perform government functions and services under the terms thereof; and, WHEREAS, the City Council has been presented with the attached Interlocal Cooperation Agreement ("Agreement') by and between the Cities of Allen and Lucas for Allen to provide on-site building, electrical, plumbing, mechanical and fire inspections (the `Inspection Services") for Lucas for the new Lovejoy Independent School District facility to be constructed in Lucas; and, WHEREAS, upon Poll review and consideration of the attached Agreement, and all matters attendant and related thereto, the City Council is of the opinion that the terms and conditions of the attached Agreement should be approved, and that the City Manager should be authorized to execute the attached Agreement on ' behalf of the City of Allen. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECTION 1: The terms and conditions of the attached Agreement having been reviewed by the City Council of the City of Allen, Texas, and is hereby in all things approved. SECTION 2: The City Manager is hereby authorized to execute the attached Agreement and all other documents in connection therewith on behalf of the City of Allen, Texas. SECTION 3: 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 THIN 25ro DAY OF MAY, 2004. APPROVED: Stephen Terrell, MAYOR ATTEST: Shelley B. George TRMC, CIVT SECRETARY STATE OF TEXAS § § INTERLOCAL COOPERATION AGREEMENT COUNTY OF COLLIN § THIS AGREEMENT, (the "Agreement'), is made and entered into by and between the City of Allen, Texas a home -rule municipal corporation located in Collin County, Texas (hereinafter referred to as "Allen') and the City of Lucas, Texas, a general law municipality located in Collin County, Texas (hereinafter referred to as "Lucas"). WHEREAS, this Agreement is being entered into pursuant to the Interlocal Cooperation Act, V.T.C.A., Government Code, Section 791,001, et seq. (the "Act'); and WHEREAS, Allen and Lucas are both units of local governments as defined by Section 791.003(a) of the Act engaged in the provision of governmental functions and services to their citizens which includes on-site building inspection: and WHEREAS, Allen has agreed to perform building, electrical, plumbing, mechanical and fire inspections for Lucas; and WHEREAS, these fanctions and services serve the public health, safety and welfare, promote efficiency and effectiveness of local government and are of mutual concern to the parties; and WHEREAS, Allen has the staff to perform building, electrical, plumbing, mechanical and fire inspections, and Lucas has a need for such services; and WHEREAS, Lucas has current revenues available to satisfy the fees and/or expenses incurred pursuant to this Agreement; NOW THEREFORE, for mutual consideration hereinafter stated, Allen and Lucas agree as follows: I. TERM The term of this Agreement shall be for a period of one year commencing on the last date all paries have executed this Agreement ("Effective Date"), and shall thereafter automatically continue for successive terms of one year each, unless sooner terminated as provided herein. IL SERVICES Allen agrees to provide on-site building, electrical, plumbing, mechanical and fire inspections (the "Inspection Services") for Lucas for the new Lovejoy Independent School District school facility to be constructed in Lucas, and for other new Lovejoy Independent School District facilities when requested, subject to the following conditions: Page 1 A. Allen's Building Official will coordinate Allen staff to provide these services to Lucas on an "as available" basis. Allen's own building, electrical, plumbing, mechanical and fire inspection requirements shall take precedence over Lucas' projects. B. Allen will perform building Inspection Services for Lucas by following the requirements of the 2000 International Code Series ("ICS'), with Appendices, and the National Electrical Code, 1999 edition, and any amendments to the foregoing made by Lucas. Lucas shall furnish the Allen Building Official with an updated copy of Lucas' amendments prior to Allen performing any work under this agreement. C. Allen will conduct on-site inspections only as specifically requested by Lucas with a minimum of 24-hour advance notice to the Allen Building Official. III. PAYMENT FUNDING Lucas shall compensate Allen at the rate of $70.00 per hour for the time that Allen spends conducting on-site building inspections of the school for Lucas. Allen will invoice Lucas for services rendered once a month. Allen will invoice Lucas in increments no smaller than one- quarter of an hour. Lucas shall make payment to Allen within thirty (30) days of receipt of invoice. All charges incurred by Lucas as a result of its obligations hereunder shall be paid from current revenues legally available to Lucas. The parties recognize that the continuation of any services under this Agreement after the end of any given fiscal year of the parties shall be subject to the appropriation of funds, if any, for payment of the services under this Agreement . In the event that either the Allen City Council or the Lucas City Council does not appropriate funds for payment of the services provided under this Agreement, then this Agreement shall terminate at the end of the fiscal year for which funds were appropriated and the parties shall have no further obligations hereunder. IV. TERMINATION This Agreement may be terminated at any time, with or without cause, by either party giving thirty (30) days advance written notice to the other party. In the event of such termination by either party, Lucas shall immediately pay all fees which may be due and owing to Allen for work performed through the date of termination of the agreement. V. NOTICE Notice as required by this Agreement shall be in writing delivered to the paries via facsimile or certified mail at the addresses listed below: Page 2 ALLEN City Manager City of Allen One Allen Civic Plaza 305 Century Parkway Allen, Texas 75013 Telephone: (972) 727-0110 Facsimile: (972) 727-7502 LUCAS Mayor City of Lucas 151 Country Club Road Lucas, Texas 75002 Telephone: (972)727-8999 Facsimile: (972)727-0091 Each, party shall notify the other in writing within ten (10) days of any change in the information listed in this paragraph. VI. HOLD HARMLESS Each party does hereby 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 contract. In the event ofjoint 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. Allen shall be responsible for its sole negligence. Lucas 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. VII. ENTIRE AGREEMENT; AMENDMENT This Agreement represents the entire and integrated agreement between Allen and Lucas 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. VIH. GOVERNING LAW This Agreement and any of its terms or provisions, as well as the rights and duties of the patties hereto, shall be governed by the laws of the State of Texas, and exclusive venue shall be in Collin County, Texas. Page 3 IX. 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 thirty (30) days written notice of its intent to terminate. X. AUTHORITY TO SIGN / CITY COUNCIL AUTHORIZATION The undersigned officer and/or agents of the parties hereto are the duly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto. XI. ASSIGNMENT This Agreement may not be assigned without the prior written consent of the parties. XII. EXECUTED in duplicate originals this ,fJ9% day of R< , 2004. APPROVED AS TO FORM: CITY ATTORNEY (PGS:tc 427/04 64539) Page 4 City of Allen, Texas By Peter Varga(City anager City of Luca ,Texas By: Tom'Ftps, Mayor APPROVED AS TO FORM: Pfd &WM CITY ATTORNEY (W34) Page 5