R-2361-1-05RESOLUTION NO.2361-1-05(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
FUNDING OF SERVICES RELATING TO THE ARTS OF COLLIN COUNTY
COMMISSION, INC. THAT SUPERCEDES THE PRIOR FUNDING AGREEMENT
AMONG THE CITIES OF ALLEN, PLANO AND FRISCO; 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.
on October 12, 2004 (the `prior agreemenf'); and,
WHEREAS, the Cities desire to enter into a new interlocal cooperation agreement for funding services related
to the Arts of Collin County Commission, Inc. that will supercede 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 terns and conditions set forth in the Interlocal
Cooperation Agreement and this Resolution.
SECTION 3. Any non -substantive changes in the Interlocal Cooperation Agreement 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 Secretaries of
the City of Plano and 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 I1r" DAY OF JANUARY 2005.
APPROVED:
Stephen Terrell, MAYOR
ATTEST:-
_
Shelley B. Georkb, TRMC, CITY CRETARY
I ] AGREEMENT BETWEEN THE CITIES OF ALLEN, FRISCO, AND
PLANO FOR FUNDING SERVICES
COUNTY, ACTED TO THE ARTS OF
COLLI
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 Ponding for services related to the Arts of Collin County, Inc. "ACC";
and
WHEREAS, the Cities have previously entered into an Interlocal Agreement
,luterlocal" attached hereto, to form the ACC, and are deemed Owners as that term is
used in the Interlocal, and as joie. Owners of the s cc, the Cities have necessary for the ACC'sseexistence; and
cipated in the
cost sharing for the various services and expense
WHEREAS, the Cities find that it is in the public interest that design services be
performed before an Approved Project can be considered, and such services will require
funding from the Cities; and
— -�_
WHEREAS, each City agrees under the temvs and conditions set forth in this
Agreement to provide its share of initial funding up to FOUR HUNDRED THOUSAND
AND 00/100 DOLLARS ($400,000) for the preliminary 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:
J
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 Protect as that term and corresponding obligations are set forth in
the huerlocal., In order to submit a Project to the Owners for approval, it is necessary to
complete the conceptual design, and this work requires funds not currently allocated to
the ACC.
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In consideration of Plano, Frisco, and Allen each providing up to FOUR
HUNDRED THOUSAND AND 00/100 DOLLARS ($400,000) of their
i bond fu d on
for
this Agreement, the parties agree that upon all Cities entering
,Agreement for an Approved Project as set forth in Article U, 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
famished under this Agreement.
IV. TERNEWATION
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.
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H. OBLIGATIONS
The Cities agree to provide f roding for their proportionate share, up to
a
FOUR HUNDRED THOUSAND AND 00/100 DOLLARS ($400,000)
under the terms and -conditions set forth in this Agreement for the
each
purpose of retaining conceptual design services, including but not limited
acoustical, etc. The Cities' offer to provide
to architectural, engineering,
funds and the crediting under the tams 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 finding provided herein and
services that are approved by the ACC Board of Directors for the
design services described in Ila. The City of Plano "Plano"
conceptual
the City of Frisco "Frisco" shall provide frmding for their share of
and
services described in this Agreement upon receipt of a ropy f the
forwarding of the invoice copy Plano
vendor's invoice from Allen. The
Frisco represents tbat, to the best of Allen's knowledge, the services
and
and/or goods, and expenses that are described in the invoice are valid and
have been reviewed by the ACC Treasurer, President, or Executive
Frisco shall make payment to Allen within fifteen
Director. Plano and
(15) days of receipt of invoice and Allen shall pay the invoice within
fifteen (15) days of receipt of funds from each City.
--_. - o -A11en agrees to -make -alt-acCuuming-rec°rft transactions and -reports'
to the conceptual design services available
including audit reports, related
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 FOUR
HUNDRED THOUSAND AND 00/100 DOLLARS ($400,000) of their
i bond fu d on
for
this Agreement, the parties agree that upon all Cities entering
,Agreement for an Approved Project as set forth in Article U, 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
famished under this Agreement.
IV. TERNEWATION
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.
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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 patties who are not signatories to this
Agreement
VL 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
plane, Texas 75086-0358
Attn: Thomas H. Mueblenbeck, City Manager
CITY OF FRISCO, TEXAS
'1 6891 Main Street
J Frisco, Texas 75034
Attm George Purefoy, City Manager
CITY OF ALLEN, TERAS
305 Century Parkway
Allen, Texas 75013
Attn:Peter Vargas, City Manager
VII. ENTIRE AGREEMENT OF PARTIES
This Agreement supersedes 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 se�that is not contained in this contract is not valid or
binding. The parties agree 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 i ctrumc t.
VIII SEVERAEnxrY OF PROVISIONS
In the evert a term, condition, or provision of this Agreement is determined as
void, unenforceable, or unlawful by a court of competent jurisdiction, the parties agree
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J that such term, condition or provision is severable, and that the remainder of the
Agreement shall remain in fall force and effect.
M GOVERNING LAW I Venus
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 He in Collin County, Texas.
X. WAIVER
Neither party may waive any covenant Or condition of this Agreement without the
a breach of
express written consent of the other party. Failure by either party
to enforceany provision of this Agreement will not constitute a waiver of any subsequent breach of
such provision. -
X1. EF",CTIVE 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 tll LO BY
Thomas H Muehlenbkclr
CITY MANAGER
APPROVED AS TO FORM:
d
Diane C. Wetherbee, CITY ATTORNEY
Date:
AP= FORM:
Richard Abernathy, CITY ATTORNEY
CITY OF FR1SCO, TEXAS
BY:' -�f
Geor urefoy
CITY MANAGER
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AppROVED AS TO FORM:
STATE OF TEXAS
CITY OF ALLEN, TEXAS
BY:
Peter Vgas
CITY ER
ACKNOQVLEDGMENTS
COUNTY OF COLLIN )
en t y�acknowledged before me on the /`/ f the
20�by THOMAS H M[JEHLENBECK CiTy Mang
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EWELLtate of Texassion ExpresW. P007
STATE OF TEXAS
Notary PUbhe, State of Texas
COUNTY OF COLLIN )
of
mstnmment was acknowledged before me on theday
o CITY OF
2004 by GEORGE PUREFOY, City Mang
TEXASa k u o.0 c oration, on behalf of said corporation.
PRISCO, ,
".17V ANGELA H. LUNSFORD
Notary Publm, State of Teus
3 }, My Comm ssion 200
res
November DJ.
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STATE OF TERAS )
COUNTY OF COLLIN )
This instrument ww��SS acknowledged before me on the /a�' day of
200,4-1y PETER VARGAS, City Manager of the CITY OF
AL EN, TEI ', a) o ne rr l-- aa'a"1ejr co:Poratr°n on behalf of said corporation.
Notary Public tate of Texas
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KAY DRESCHER
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JUNE 15, 20D8
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