R-2409-6-05RESOLUTION NO. 2409-6-05(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, APPROVING AN INTERLOCAL COOPERATION AGREEMENT
AMONG THE CITIES OF ALLEN, FRISCO, AND PLANO PERTAINING TO THE
ADDITIONAL FUNDING OF SERVICES RELATING TO THE ARTS OF COLLIN
COUNTY COMMISSION, INC.; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the cities of Allen, Frisco and Plano, collectively referred to as "Cities" previously entered into an
Interlocal Cooperation Agreement for funding services related to the Arts of Collin County Commission, Inc. in
January 2005 (the "prior agreement'); and,
WHEREAS, the Cities desire to enter into an Interlocal Cooperation Agreement for funding additional services
related to the Arts of Collin County Commission, Inc. that will be in addition to the prior agreement.
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 Interlocal Cooperation 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 Interlocal Cooperation Agreement on
behalf of the City of Allen, substantially according to the terms and conditions set forth in the Interlocal
Cooperation Agreement and this Resolution.
SECTION 3. Any non -substantive changes in the Interlocal Cooperation 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 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 14TH DAY OF .TUNE, 2005.
APPROVED:
Stephen errell, MAYOR
ATTEST:
Shelley B. Geo C, CITY SktRETARY
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 cites 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, in 2004, the Cities previously approved funding for design and
related services, whereby each City was to contribute FOUR HUNDRED THOUSAND
AND 00/100 DOLLARS ($400,000); and
WHEREAS, the Cities find that it is in the public interest that additional
schematic design 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 THREE
HUNDRED FIVE THOUSAND ONE HUNDRED AND ELEVEN DOLLARS
($305,111) for the additional schematic design 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:
1. 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 tern and corresponding obligations are set forth in
the Interlocal. In order to submit a Project to the Owners for approval, it is necessary to
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complete the conceptual design, and this work requires funds not currently allocated to
the ACC.
H. OBLIGATIONS
The Cities agree to provide funding for their proportionate share, up to
THREE HUNDRED FIVE THOUSAND ONE HUNDRED AND
ELEVEN DOLLARS ($305,111) each under the terms and conditions set
forth in this Agreement for the purpose of retaining schematic design
services, including but not limited to architectural, 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
conceptual design services described in Ms. 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 to Plano
and Frisco 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 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 each City.
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 To CITIES
In consideration of Plano, Frisco, and Allen each providing up to an additional
THREE HUNDRED FIVE THOUSAND ONE HUNDRED AND ELEVEN
DOLLARS ($305,111) 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 11, 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.
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IV. 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; the right to
inspect and copy records shall survive the termination of this Agreement.
V. 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.
VI. NOTICES
Unless otherwise instructed in writing, each party will send 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 PRISCO, 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
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'atrexecuted written instrument.
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VIII. 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.
IX. GovERNING LAw I VENOE
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.
X. 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.
XI. EFFEcTIvE DATE
The effective date of this Agreement shall be the latest date of any signatory.
SIGNED AND ExECOTED on the dates indicated below
CI^TY OF��Muhlenheek�PLANO, TEXAS
Date: - Thomas
CITY MANAGER
APP OVED AS TO FORM:
Z
Mane C. Wetherbee, CITY ATTORNEY
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Date: 02 - 0
APPRQ,VED A� FORM:
Richard Abernathy, CITY ATTORNEY
Date: 7'1410S'
APPROVED AS TO FORM:
Peter G. Smith, dry ATTORNEY
CITY OF FRISCO, TEXAS
BY:Ber
Geer urefo
CITY MANAGER
CITY OF ALLEN, TEXAS
BY: —�
Peter Vargas
CITY MAN GE
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ACKNOWLEDGMENTS
STATE OF TEXAS
COUNTY OF COLLIN
instrument was acknowledged before me on the —/Y—day of
y2005 by THOMAS H. MUEHLENBECK, City Manager of the
OF ANO, TEXAS, a home -rule municipal corporation, on behalf of said
orp rah
STATE OF TEXAS '
COUNTY OF COLLIN ,
This instrument was
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FRISCO, TEXAS, a
KATHY WAN
Notify Public, SMI
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STATE OF TEXAS
COUNTY OF COLLIN
acknowledged before me on the I day of
y EORGE PUREFOY, City Manager of the CITY OF
corporation, on behalf of said corporation.
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of Texas
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Thi instrument was acknowledged before me on the 1- day of
2005 by PETER VARGAS, City Manager of the CITY OF
ALLE--- � , TgiAS, ah eme-Ar;&�orporation, on behalf of said corporation.
KAY DRESCHER
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BARBARA NEWELL
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Notary Public, State of Texas
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0010ber 07, 2007
STATE OF TEXAS '
COUNTY OF COLLIN ,
This instrument was
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FRISCO, TEXAS, a
KATHY WAN
Notify Public, SMI
i d my Commi
ust 12.
STATE OF TEXAS
COUNTY OF COLLIN
acknowledged before me on the I day of
y EORGE PUREFOY, City Manager of the CITY OF
corporation, on behalf of said corporation.
co
of Texas
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Thi instrument was acknowledged before me on the 1- day of
2005 by PETER VARGAS, City Manager of the CITY OF
ALLE--- � , TgiAS, ah eme-Ar;&�orporation, on behalf of said corporation.
KAY DRESCHER
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JUNE 15, E 15,n 2008 008
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