R-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