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07-056 - RTOWN OF PROSPER, TEXAS RESOLUTION NO. 07-056 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, (HEREAFTER REFERRED TO AS THE "TOWN") HEREBY DESIGNATING THE INTERIM TOWN MANAGER OR HIS DESIGNEE AS PROJECT OFFICIAL/REPRESENTATIVE TO ACT ON BEHALF OF THE TOWN IN DEALING WITH COLLIN COUNTY (HEREAFTER REFERRED TO AS THE "COUNTY") FOR THE PURPOSE OF PARTICIPATING IN THE COLLIN COUNTY PARKS AND OPEN SPACE PROJECT ASSISTANCE PROGRAM (HEREAFTER REFERRED TO AS THE "PROGRAM"); AND AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR PROGRAM ASSISTANCE. WHEREAS, the Town of Prosper has in the past successfully cooperated with the Collin County Park and Open Space Funding Assistance Program in providing needed recreational facilities for the citizens of Prosper and Collin County; and WHEREAS, the Town of Prosper has in the past and continues successful cooperation with the Prosper Independent School District (PISD) in providing needed public recreational facilities for the citizens of Prosper and Collin County; and WHEREAS, the Town of Prosper is desirous of authorizing an official to represent the Town in dealing with Collin County concerning the Open Space Funding Assistance Program. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: That the Interim Town Manager of the Town of Prosper, Texas, is hereby designated as the Project Official/Representative to act on behalf of the Town in dealing with Collin County concerning the County's Parks and Open Space Project Funding Assistance Program. SECTION 2: That the Interim Town Manager of the Town of Prosper, Texas, is hereby authorized to make application to the County for funding assistance under the Program for development of the project known as Folsom Park. SECTION 3: That this Resolution shall take effect immediately upon its passage. Introduced, read and passed by affirmative vote of the Town Council on the 26th day of June, 2007. Z04�-� Charl s Niswanger ayor ATTEST: 4�h4ewDenton, TRMC Town Secretary `e��� OF PR ®�B 0 0�o0ooppoOO ®® o p o � O U dip o � BOop°p0' 0 .0000000vpO� 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 Folsom Park 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 Folsom 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 $780,000.00. The County agrees to fund a portion of the total cost to construct improvements described in Exhibit "A" in an amount not to exceed $390,000.00. 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 $390,000.00 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. 4 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 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: COUNTY 0 By: .. Vv^4- BY: Name: Name: Keith Self Title: Title: County Judge Date: Date: 1;q !9%0"1 Executed on this jqth day of Lit3bfi^ 200_q, by the County of Collin, pursuant to Commissioners' Court OrderNo.a.601— ATTEST:4 TOWN OF PRQ�PER Bye By:5< i N 0 �, d.� �✓y .�/ Name;tit(.e6 c�-�-1 Title: Title: Date: / 0(—/q-7 Date: `7 Executed on behalf of the Town of Prosper pursuant to Town Council Resolution No. ©� — APPROVED AS TO FORM: By:_ Name: Title: Date: 12 EXHIBIT "A" The County will provide funding assistance for the following: ❑ Construction of sports fields including grading, irrigation and sod ❑ Relocation of playground 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 ❑ Parking lot construction ❑ Hike and bike trail Submission of electronic photos and quarterly reports: Teresa Nelson `tnelsonacollincounWexas. ov $390900.00 Project Manager Contact: (must be able to answer specific, questions regarding project) Name: C-c J,a�n 1,4e-zoep,✓ Address: ,z( C,) �2o.4rJw� Phone: 9-7-2- 3 `f G 7S v z_ Fax: F ? 2 3 `t <-- 53 3s-- Email: E COURT ORDER NO. 2007- 1150 -12-18 THE STATE OF TEXAS COUNTY OF COLLIN Subject: Interlocal Agreement, Town of Prosper, Folsom Park -- Special Projects On December 18, 2007, the Commissioners Court of Collin County, Texas, met in regular session with the following members present and participating, to wit: Keith Self County Judge, Presiding Phyllis Cole Commissioner, Precinct 1 Jerry Hoagland Commissioner, Precinct 2 Joe Jaynes Commissioner, Precinct 3 Jack Hatchell Commissioner, Precinct 4 During such session the court considered approval of an Interlocal agreement with the Town of Prosper. Thereupon, a motion was made, seconded and carried with a majority vote of the court authorizing the attached Interlocal agreement between Collin County and the Town of Prosper for improvements to Folsom Park through the Collin County Parks/Open Space Project Funding Assistance Program (NTE $390,0000) and further authorize the County Judge to finalize and execute same. Same is hereby approved as per;he,yttached,documentation. �00���1'CY �'OI�,Q'• ti �• • • � M •0 M � • Y / h•• � �Vi DIY rA�C�r```ti� T: �''►f f t f� 1ti�1 acey em , Ex- icio erk Co ' sioners Court Collin County, T E X A S a e W� s c;p, commissioner, , Pct. 2 TM Word DatalCourt 20071COURT ORDERS112-18.0718Igned Court Ordersl27652 - Parks -Open Space Grant- Town of Prosper 1218.doc