08-116 - RTOWN OF PROSPER, TEXAS
RESOLUTION NO. 08-116
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE AN
INTERLOCAL AGREEMENT REGARDING THE 2008 COLLIN
COUNTY PARKS AND OPEN SPACE GRANT, BY AND BETWEEN
COLLIN COUNTY, TEXAS AND THE TOWN OF PROSPER.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS:
SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby authorized to
execute, on behalf of the Town Council of the Town of Prosper, Texas, an Interlocal
Development Agreement regarding the 2008 Collin County Parks and Open Space Grant, by and
between Collin County, Texas and the Town of Prosper, as hereto attached.
SECTION 2:- This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 251h day of November, 2008.
ATTEST
Vatthew D. Denton, TRMC
Town Secretary
harles anger, Mayor
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40
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INTERLOCAL AGREEMENT
BETWEEN
COLLIN COUNTY
AND THE
TOWN OF PROSPER
WHEREAS, the County of Collin, Texas ("County") and the Town of Prosper ("Town")
desire to enter into an agreement concerning improvements to Community Park - Phase I
in the Town of Prosper, 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 Town and County have determined that the improvements may be
constructed most economically by implementing this agreement; and
WHEREAS, the Town 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
Town upon and for the mutual consideration stated herein.
WITNESSETH:
ARTICLE I.
The Town shall arrange for improvements to develop Community Park,
hereinafter called the "Project". The Project shall consist of the installation or
construction of items described in Exhibit "A".
ARTICLE II.
The Town 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 Town 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 Town. Changes to the project which
alter the initial funding request referenced in Exhibit "A" must be reviewed by the Parks
Foundation Advisory Board and approved by Commissioners Court.
1
ARTICLE III.
The Town will not expend assistance funds to acquire easements or real property
for use as right-of-way.
ARTICLE IV,
The Town estimates the total actual cost of the project to be $3,303,600.00. The
County agrees to fund a portion of the total cost to construct improvements described in
Exhibit "A" in an amount not to exceed $400,000.00. The County shall reimburse the
Town for invoices paid by the Town for cost related to the Project on a dollar for dollar
matching basis. Alternative payment schedules would require Commissioners Court
approval.
ARTICLE V.
Collin County's participation in this project shall not exceed $400,000.00 as
indicated in Article IV above. The Town shall be responsible for any costs, which exceed
the total estimated project cost.
ARTICLE VI.
The Town shall install a project sign identifying the project as being partially
funded by the Collin County 2003 Parks and Open Space Bond Program. The Town 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 Town 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 2003 Parks and Open Space Bond
Program must remain open and accessible to all County residents.
ARTICLE VII.
The Town 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.
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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 shall lie in Collin County,
Texas.
ARTICLE X.
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 XIH.
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.
APPROVED AS TO FORM:
By:
Name:
Title:
Date:
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Name:044-ffKEtir
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APPROVED AS TO FORM:
By:
Name: tow ,AU 4,ftouil
Title: Town n
Date: 11-1 f-of
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CO Y I , XAS
By:
Name: Keith S f
Title: ty Judge
Date: —
Executed on this XI day of�ayt �
200a, by the County of Collin,
Pursuant to Commissioners' Court
Order No. Aoul - OS4-01 •-27
TOWN OF PROSPE
By:
Name: W1 t l�tz t.n+, �•.� 9
Title: T.wr-( m dwr +tom � ti-
Date: 1 I-- ('t-- (P$
Executed on behalf of the Town of
Prosper pursuant to Town
Council Resolution No. 081( 6
EXHIBIT "A"
The County will provide funding assistance for the following:
❑ Construction of baseball, softball
and multi -use fields including
lighting, grading, sod, irrigation,
fencing, etc.
Total funding
Contact Information
Request for reimbursement submitted to:
Collin County
Special Projects
Teresa Nelson
825 N. McDonald Street, Suite 145
McKinney, Texas 75069
972-548-3744
❑ Playground
❑ Landscaping and irrigation
Submission of electronic photos and quarterly reports:
Teresa Nelson
tnelson mollincountytexas.gov
$4009000.00
Proiect Manager Contact: (must be able to answer specific questions regarding project)
Name:
Address:
Phone:
Fax:
Email: