R-1541-10-97RESOLUTION NO. 1541-10-97(R)
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS,
APPROVING THE TERMS AND CONDITIONS OF AN ADMINISTRATIVE
SERVICES AGREEMENT BY AND BETWEEN THE CITY OF ALLEN, TEXAS AND
ALLEN ECONOMIC DEVELOPMENT CORPORATION; AUTHORrMG ITS
EXECUTION BY TBE MAYOR; AND PROVIDING AN EFFECTIVE DATE.
L
WHEREAS, the City Council has been presented with a proposed Administrative Services Agreement by and
between the City of Allen, Texas and Allen Economic Development Corporation, a copy of which is attached
hereto 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 Mayor
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 Agreement attached hereto having been reviewed by the City Council of the City of Allen,
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 Mayor is hereby authorized to execute the Agreement on behalf of the City of
Allen, Texas.
Section 2. This Resolution shall become effective immediately from and after its passage
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 2ND DAY OF OCTOBER , 1997,
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Stephen Terrell, MAYOR
AT1'ES'T:
L rR� rIY SE /R
J � y Mo ' on, CMC, CITY SECRETARY
Resolution No. 1541-10-97 (R) Page 1 SS12 03
STATE OF TEXAS §
§ ADMINISTRATIVE SERVICES AGREEMENT
COUNTY OF COLLIN §
This Agreement ("AGREEMENT") is by and between the City of Allen, Texas, a Texas
municipal corporation ("CITY"), and the Allen Economic Development Corporation, a Texas
non-profit corporation ("AEDC").
WITNESSETH:
WHEREAS, the AEDC requests the CITY, to provide certain administrative services;
and
WHEREAS, the AEDC staff and personnel are employees of the AEDC; and
WHEREAS, the CITY agrees to provide the AEDC with administrative services as
provided herein; and
NOW THEREFORE, for and in consideration of the mutual covenants set forth herein,
the parties hereto hereby agree as follows:
Section 1: CITY's Obligations
(a) CITY agrees to review the AEDC annual budget of expected revenues and
proposed expenses and to incorporate the same into the CITY's annual budget.
(b) CITY shall approve an outside, independent auditing and accounting firm to cause
the books, records accounts, and financial statements of the AEDC to be audited once each year
at the expense of the AEDC.
(c) CITY shall provide AEDC with financial services to include an annual audit,
payroll, investment of funds, accounts payable, and certain functions related to budget preparation
and review.
Section 2. AEDC's Obligations
(a) AEDC shall use its best efforts to promote economic development within the
CITY.
(b) AEDC shall provide an annual report to the City Council on its activities and
expenditures to promote economic development within the CITY. AEDC shall keep adequate
Administrative Services Agreement - Page I
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records of all its activities and expenditures incurred hereunder sufficient to satisfy the auditing
firm that conducts the annual audit that the sales tax and funds provided under this
AGREEMENT were expended in accordance with law. Including Articles of Incorporation,
Bylaws, Minutes of Organizational Meetings and Agendas of AEDC Board of Directors meeting.
(c) On or before July 31st of each year, the AEDC shall prepare or direct the
preparation of.
(1) an annual performance review and evaluation;
(2) a projection of goals and programs for the coming year; and,
(3) an annual budget of expected revenues and proposed expenses.
The report shall be submitted to the City Council and the City Manager of the CM at either a
regular or special meeting of the City Council.
Section 3. AEDC Operating Procedures
(a) AEDC shall operate in accordance with the policies and procedures approved by
the CITY from time to time.
Section 4. Compensation
AEDC agrees to pay to the CITY an annual fee for the services provided herein, such fee
to be established the CITY and AEDC on an annual basis. If additional services not covered by
this AGREEMENT are required, the AEDC shall pay to the CITY the reasonable cost of such
services.
Section 5. Mutual Cooperation
CITY and AEDC agree to cooperate fully with one another and to coordinate their
efforts in order to ensure that the conditions of this contract are fulfilled and to ensure optimal
economic development within the CITY. In order to expedite the conditions of the contract and
to effect economies of scale, the parties agree to keep each other fully informed of thew plans,
operations and activities and wherever possible to coordinate fully their efforts to promote and
otherwise undertake economic development within the CITY.
Section 6. No Obligation for Additional Funds
Nothing in this AGREEMENT shall in any way place any obligation on any other funds
or sources of revenue of the CITY and nothing herein shall create any lien or other obligation on
any other sources of income, revenues or funds of the CITY. The obligations of the CITY
provided by this AGREEMENT are payable from sales tax revenue received by the CITY. The
Administrative Services Agreement - Page 2 WIN"
CITY, at its sole option, may further subordinate the obligations of the CITY hereunder to other
present and future obligations of the CITY.
Section 7. Ability to Contract with Others
Nothing in this AGREEMENT shall in any way limit either party to this AGREEMENT
from contracting with other persons or organizations for administrative services.
Section 8. Term
The initial tens of this contract shall expire on September 30, 1999. This AGREEMENT
shall automatically renew thereafter in two year increments unless either party gives written notice
to the other party ninety (90) days prior to the expiration of the then current tens.
Section 9. Termination
Any party may terminate by giving ninety (90) days written notice to the other party of its
intent to terminate. All cost of administrative services shall be paid up to the effective date of
termination.
Section 10. Assienment
This AGREEMENT is not assignable by either party without the prior written consent of
the governing body of the other party.
Section 11. Notices
All written notices must be made by certified mail, return receipt requested, addressed to
the parties, or their successors in office, at the following addresses:
City Manager
City of Allen
One Butler Circle
Allen, Texas 75002
Section 12. Aoolicable Law
President
Allen Economic Development Corporation
One Butler Circle
Allen, Texas 75013
This AGREEMENT is governed by the laws of the State of Texas; and venue for any
action shall be in Collin County, Texas.
Administrative Services Agreement - Page 3 SSIN"
Section 13. Severability
In the event any section, subsection, paragraph, sentence, phrase or word herein is held invalid,
illegal or unconstitutional, the balance of this AGREEMENT shall be enforceable and shall be read as
if the parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase
or word.
Section 14. Cancellation of Prior Agreement
This AGREEMENT supersedes any prior written or oral Agreements by and between the
CITY and the AEDC. This AGREEMENT constitutes the entire AGREEMENT and
understanding between the parties and may not be amended without the prior written approval of
the governing body of each entity.
EXECUTED this day of _.1997,
CITY OF ALLEN, TEXAS
By: "�
STEPHEN TERRELL, MAYOR
ATTEST:
ALLEN ECONOMIC DEVELOPMENT CORPORATION
ATTEST:
By:
�StCRETARY
Operational Agreement - Page 4 ssiu
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ATTEST:
By:
�StCRETARY
Operational Agreement - Page 4 ssiu