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Home My WebLink AboutRes 2016-10-242 ILA Natural Springs Park TrailCITY OF ANNA, TEXAS RESOLUTION No.c;{a I to -fl() -cP..L/!)..... A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY, TEXAS, AND THE CITY OF ANNA, TEXAS WHEREAS, the lnterlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the City Council of the City of Anna, Texas ("City Council") has approved the lnterlocal Agreement between Collin County and the City of Anna ("Agreement") concerning the Natural Springs Park Trail Construction Project; and WHEREAS, the City Council has determined that the Agreement with Collin County, Texas (the "County") will benefit the residents of both the County and the City of Anna, Texas (the "City"); and WHEREAS, the City Council has determined that it is in the best interest of the City and its citizens to authorize, ratify and approve the City Manager's execution of said Agreement; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. The City of Anna City Council hereby approves the Agreement, attached hereto as Exhibit 1, incorporated herein for all purposes and authorizes the City Manager to execute same on its behalf. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 25th day of October, 2016. ATTEST: /} -~ ,;-}) <l :0"'""""'""""'' ~ 0), ;/JJ74 'fi!s::;~' OF r.// Carrie L. Smith City Secretary / ¢:····~.-_..M_"'t'..1 n..~.-:--f'~-t-M_a_y_o_r _______ _ $ (j .·_J \_ ·."? ~ Exhibit 1 -Agreement r ( ~r;r .} * [ . * . . .;: ... . . .::-~ ·.. .·" * ~ ~ .. .. .. -~ ~ ··~····' ·~ ~ .,.. . c... :-.' .... ,,.~ EX ~ "";;) \,,,,, ''fft1111 Ill \ 11 I I I\\\ INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF ANNA WHEREAS, the County of Collin, Texas ("County") and the City of Anna ("City") desire to enter into an Agreement concerning improvements to Natural Springs Park in the City of Anna , Collin County, Texas; and WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the City and County have determined that the improvements may be constructed most economically by implementing this Agreement; and WHEREAS, the City · and the County find that this Agreement will benefit the residents of the County and provide additional park and recreational facilities and open space for all County residents; and WHEREAS, this Agreement will support or advance the mission of the Collin County Parks and Open Space Strategic Plan; · NOW, THEREFORE, this Agreement is made and entered into by the County and the City upon and for the mutual consideration stated herein. WITNESSETH: ARTICLE I. The City shall arrange for improvements to Natural Springs Park, hereinafter called the "Project". ARTICLE II. The City shall prepare plans and specifications for improvements, accept bids, award a construction contract and administer the construction contract in accordance with all state statutory requirements. The City shall provide the county with a copy of executed construction contract(s) for the Project. All improvements shall be in accordance with the plans and specifications approved by the City. Changes to the Project which alter the initial funding set forth in Exhibit "A" must be reviewed by the Parks Foundation Advisory Board and approved by Commissioners Court. ARTICLE III. The City will not expend assistance funds to acquire easements or real property for use as right-of-way. 1 ARTICLE IV. The City estimates the total actual cost of the Project to be $579,000.00. The County agrees to fund a portion of the total cost to constrnct improvements described in Exhibit "A" in an amount not to exceed $45,000.00. The County shall reimburse the City for invoices paid by the City for costs related to items described in Exhibit "A" on a dollar for dollar matching basis. Should the City receive funding or reimbursement from third party sources for items described in Exhibit "A", then the County's matching obligations shall be calculated so as to exclude such third-party funding amounts. Alternative payment schedules would require Commissioners Court approval. ARTICLEV. Collin County's dollar for dollar matching participation in this project shall not exceed $45,000.00 as indicated in Article IV above. The City shall be responsible for any costs, which exceed the total estimated project cost. ARTICLE VI. The City shall install a project sign identifying the project as being partially funded by the Collin County 2007 Parks and Open Space Bond Program. The City shall also provide before, during and after photos and quarterly progress reports in electronic format or via US mail to the contact identified on Exhibit "A". Following completion of the project, the City shall provide an itemized final accounting of expenditures including in-kind services or donations for the project. All projects for which the County has provided funds through its 2007 Parks and Open Space Bond Program must remain open and accessible to all County residents. ARTICLE VII. The City and County agree that the party paying for the performance of governmental functions or services shall make those payments only from current revenues legally available to the paying party. ARTICLE VIII. INDEMNIFICATION. To the extent allowed by law, each party agrees to release, defend, indemnify, and hold harmless the other (and its officers, agents, and employees) from and against all claims or causes of action for injuries (including death), property damages (including loss of use), and any other losses, demands, suits, judgements and costs, including reasonable attorneys' fees and expenses, in any way arising out of, related to, or resulting from its performance under this Agreement, or caused by its negligent acts or omissions (or those of its respective officers, agents, employees, or any other third parties for whom it is legally responsible) in connection with performing this Agreement. 2 ARTICLE IX. VENUE. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Agreement. The parties agree that this Agreement is performable in Collin County, Texas and that exclusive venue for any disputes arising under this Agreement shall lie in Collin County, Texas. ARTICLEX. SEVERABILITY. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law, the remaining portions of the Agreement shall be enforced as if the invalid provision had never been included. ARTICLE XI. ENTIRE AGREEMENT. This Agreement embodies the entire Agreement between the parties and may only be modified in writing executed by both parties. ARTICLE XII. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. Neither party will assign or transfer an interest in this Agreement without the written consent of the other party. ARTICLE XIII. IMMUNITY. It is expressly understood and agreed that, in the execution of this Agreement, neither party waives, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it 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 that those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. ARTICLE XIV. TERM. This Agreement shall be effective upon execution by both parties and shall continue in effect annually until final acceptance of the Project. ARTICLE XV. The declarations, determinations and findings declared, made and found in the preamble to this Agreement are hereby adopted, restated and made part of the operative provisions hereof. 3 APPROVED AS TO FORM: By: ________ _ Name: ---------Title: ----------Date: ---------- ATTEST: By: ________ _ Name: Carrie L. Smith Title: City Secretary Date: October 25, 2016 APPROVED AS TO FORM: By: _________ _ Name: Clark McCoy Title: City Attorney Date: October 25, 2016 4 COUNTY OF COLLIN, TEXAS By: _________ _ Name: Title: Date: Keith Self County Judge ----------Executed on this __ day of __ _ 20 _, by the County of Collin, pursuant to Commissioners' Court Order No. ---------County Bond Project 07PG85 CITY OF ANNA By: __________ _ Name: Philip Sanders Title: City Manager Date: October 25, 2016 Executed on behalf of the City of Anna pursuant to City Council Resolution No. ----- EXHIBIT "A" The County will provide funding assistance for the following: Q Trail construction (Item 1) Total funding Contact Information Request for reimbursement submitted to: Collin County Special Projects Teresa Nelson 4690 Community A venue, Suite 200 McKinney, Texas 75071 972-548-3744 Submission of electronic photos and quarterly reports: Teresa Nelson tnelson @collincountytexas.gov $45,000.00 Project Manager Contact: (must be able to answer specific questions regarding project) 5