R-2460-11-05RESOLUTION NO. 2460-11-0
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, APPROVING A FUNDING AGREEMENT AMONG THE CITIES
OF ALLEN, FRISCO, AND PLANO FOR ADDITIONAL FUNDING IN THE
AMOUNT OF $705,698 EACH FOR DESIGN SERVICES FOR A PROPOSED
PROJECT PERTAINING TO THE ARTS OF COLLIN COUNTY COMMISSION,
INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT;
AND PROVIDING AN EFFECTIVE DATE.
IEREAS, the cities of Allen, Frisco and Plano, collectively referred to as "Cities,"
WEpreviously entered into an
hrterlocal Cooperation Agreement for funding services related to the Arts of Collin County Commission, Inc. in
July, 2005 (the `prior agreement"); and,
WHEREAS, the Cities desire to enter into a new interlocal cooperation agreement for additional funding design
services and costs related to the Arts of Collin County Commission, Inc.
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 Funding 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, is hereby, in all
things approved.
SECTION 2. The City Manager is hereby authorized to execute the Funding Agreement on behalf of the City
of Allen substantially according to the terms and conditions set forth in the Agreement and this Resolution.
SECTION 3. Any non -substantive changes in the Agreement maybe 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 Secretaries of
the City of Plano and City of Frisco and the Arts of Collin County.
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 22ND DAY OF NOVEMBER, 2005.
APPROVED:
Stephen terMl, MAYOR
ATTEST:
Shelley B. Geor , TRMC, CITY SECRETARY
AGREEMENT BETWEEN THE CITIES OF ALLEN, FRISCO, AND
PLANO FOR FUNDING PROJECT COSTS 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 project costs related to the Arts of Collin County
Commission, Inc. "ACC"; and
WHEREAS, the Cities have previously entered into an Interlocal Agreement 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 project development; and
WHEREAS, the Cities find that it is in the public interest that additional design
development services be performed before an Approved Project can be considered, and
such services will require additional funding from the Cities; and
WHEREAS, each City agrees under the terms and conditions set forth in this
Agreement to provide its share of initial funding up to an additional SEVEN HUNDRED
FIVE THOUSAND SIX HUNDRED NINETY-EIGHT AND 00/100 DOLLARS
($705,695.00) for the additional design development services 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:
L 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, it is necessary to
complete the design development process, and this work requires funds not currently
allocated to the ACC.
Agne nfslCepbl Funding Agreernant-Ada of Collin County.doo(11110/05-0w)
H. OBLIGATIONS
a. The Cities agree to provide funding for their proportionate share, up to
SEVEN HUNDRED FIVE THOUSAND SIX HUNDRED NINETY-
EIGHT AND 00/100 DOLLARS ($705,698.00) each under the terms and
Conditions set forth in this Agreement for the purpose of retaining design
development services, including but not limited to architectural, landscape
architecture, engineering, acoustical, cost estimation, etc. The Cities' offer
to provide funds and the crediting 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 herein and
services that are approved by the ACC Board of Directors for the design
development services described in II.a. The City of Plano "Plano" and the
City of Frisco "Frisco" shall provide funding for their share of services
described in this Agreement upon receipt of a copy of the vendor's invoice
from Allen. The forwarding of the invoice copy 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 and Frisco skull 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 finds from each
City.
C. All accounting records, transactions and reports, including audit reports,
related to the design development services are available for inspection and
copying during normal business hours.
III. CREDIT TO CITIES
In consideration of Plano, Frisco, and Allen each providing up to an additional
SEVEN HUNDRED FIVE THOUSAND SIX HUNDRED NINETY-EIGHT AND
00/100 DOLLARS ($705,698.00) of their bond funds for this Agreement, the parties
agree that 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, Frisco and Allen shall each receive a credit for its capital
contribution for the Approved Project in the amount it has furnished under this
Agreement.
N9C0NTfMCTStFunding AgnemeMMCapital Funding Agreement -Arts of Collin County.doc(11/10/OSDM
FV. TERMUNATION
Any pity may terminate this Agreement by providing thirty (30) days written
notice to the other parties at the addresses shown in the Notice Provision; the right to
inspect and copy records shall survive the termination of this Agreement.
V. 11101hIUNITv
In the execution of this Agreement, no 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. .
VI. 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
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
VII. ENTIRE AGREEMENT OF PARTIES
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.
N: ICONTRACTSFund ing Agreements\Capftal Funding Agreement -Arts of Collin County.doc(11/10105-DM
VIII. SEVERAIRIM 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.
IIZ GOVERNINGLAw/VENUE
The laws of the State of Texas govern 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.
K WAIVER
No 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.
M. EFFECTIVE DATE
The effective date of this Agreement shall be the latest date of any signatory.
SIGNED AND EXECUTED on the dates indicated below
CITY OF PLANO, TEXAS
Date: 11661D5 BY:
Thomas . Muehlenbeck
CITY MANAGER
APPR VED AS TO FORM:
Diane C. Wetherbee, CITY ATTORNEY
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Date: 01106 OL
APPROVED AS TO FORM:
Richard Abernathy, CITY ATTORNEY
Date:lj—�a -Q 5
APPROVED AS TO FORM:
Peter G. Smith ATTORNEY
STATE OF TEXAS
COUNTY OF COLLIN
CITY OF FRISCO, TEXAS
BY:
George P efoy �—
CITY MANAGER
CITY OF ALLEN, TEXAS
BY:
Peter Vargas
CITY MAN
This instrument was acknowledged before me on the I LJE day of
2005 by THOMAS H. MUEHLENBECY, City Manager of the
CITY OF PIANO, TEXAS, a home -rile municipal corporation, on behalf of said
corporation.
SXERRY NOLES
j+ NotrnY Publk. 51ote of Tums
NN Commission EWires
„w ;;�„ March 20, 2006
Notary Pub&, Statij of Texas,_
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STATE OF TEXAS
COUNTY OF COLLIN
This instrument acknowledged before me on the V, day of
:Tanuo-� 200 GEORGE PUREFOY, City Manager of the CITY OF
FRISCO, , a ro,.r t 6 %\ corporation, on behalf of said corporation.
f;:,�(;�
iERRI L MCCORD
Notarymmistab of Texas
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My CommiExExpires
Aupu,10101, 3006
STATE OF TEXAS
COUNTY OF COLLIN
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Notary Public, State of Texas
This instrument was acknowledged before me on the X�r�tlay of
o J C 2005 by PETER VARGAS, City Manager of the CITY OF
LEN, TEXAS, a,MVc, i cant.-- corporation, on behalf of said corporation.
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