10-076 R - Agreement with Denton County for Parvin Road from Good Hope to North Legacy improvements TOWN OF PROSPER,TEXAS RESOLUTION NO. 10-076
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 COOOPERATION AGREEMENT BETWEEN DENTON
COUTNY FOR PARVIN ROAD IMPROVEMENTS, GOOD HOPE ROAD
TO NORTH LEGACY ROAD 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, to execute an Interlocal
Cooperation Agreement between Denton County for Parvin Road Improvements, Good Hope
Road to North Legacy Road and the Town of Prosper, as hereto attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 14th day of September, 2010
Ray S&th, M� or
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THE STATE OF TEXAS §
COUNTY OF DENTON §
INTERLOCAL COOPERATION AGREEMENT BETWEEN
DE'NTON COUNTY TEXAS AND THE TOWN OF PROSPER, TEXAS
THIS AGREEMENT is made, entered into and executed by and between Denton
County, Texas, a duly organized political subdivision of the State of Texas, engaged in the
administration of county government and related services for the citizens of Denton County,
Texas, hereinafter "the County;" and the Town of Prosper, Texas, a corporate and political body
duly organized and existing under the laws of the State of Texas, engaged in the administration
of municipal government and related services for the citizens of the Town of Prosper, Texas,
hereinafter "the Town." The County and the Town are collectively referred to herein as "the
Parties."
WHEREAS, the County and the Town mutually desire to enter into this Agreement for
the purpose of providing for improvements to Parvin Road from Good Hope Road to North
Legacy Drive for a distance of approximately 10,000 linear feet at a width of approximately 20
feet. The improvements shall consist of adding 6 inches of flexbase to the roadway which is
located entirely within the municipal limits of the Town and Denton County Commissioner
Precinct#1, hereinafter"the Project;"and
WHEREAS, the Interlocal Cooperation Act, Texas Government Code Chapter 791,
hereinafter"the Act," provides authorization for a local government to contract with one or more
local governments to perform governmental functions and services under the terms of the Act
and the County and the Town hereby mutually agree to be subject to the provisions of the Act;
and
WHEREAS, the County and the Town value the timely completion of the Project which
involves roads which are an integral part of the County's road system and the Parties are
undertaking the Project to improve safe travel on an improved roadway; and
NOW, THEREFORE, this Agreement is hereby made and entered into by the County
and the Town upon and for the mutual consideration stated herein:
Prosper ICA—Parvin Road from Good Hope Road to North Legacy Page] of 6
WITNESSETH:
I.
Pursuant to Texas Government Code §791.011, the County and the Town hereby enter
into this Agreement in order to perform certain governmental functions and services in the area
of streets, roads and drainage. The purpose of this Agreement is to provide a governmental
function or service that each party is authorized to perform individually.
II.
The County and the Town hereby agree that the scope of the Project shall be limited to
providing for improvements to Parvin Road from Good Hope Road to North Legacy Drive for a
distance of approximately 10,000 linear feet at a width of approximately 20 feet. The
improvements shall consist of adding 6 inches of flexbase to the roadway and shall be performed
entirely within the municipal limits of the Town and Denton County Commissioner Precinct #1,
at a total estimated cost which shall not exceed FIFTY ONE THOUSAND AND NO/100
DOLLARS ($51,000.00).
III.
The County hereby agrees to provide all necessary labor, materials and machinery
required for satisfactory completion of the Project. In addition, the County will provide all
inspections of the Project.
IV.
The Town agrees to reimburse the County for the cost of all materials required for
satisfactory completion of the Project in an amount which shall not exceed FIFTY ONE
THOUSAND AND NO/100 DOLLARS ($51,000.00).
V.
As the County proceeds with the Project, the County shall submit invoices to the Town
on a monthly basis for reimbursement of the Town's contribution for all materials used in the
satisfactory completion of the Project, unless otherwise authorized by the governing body of the
County, to the Town of Prosper, Texas, Attention: Town Manager, P.O. Box 307, Prosper, Texas
75078, and the Town shall reimburse the County for all expenditures related to materials
required for the Project within thirty [30] days of receipt of all invoices.
Prosper ICA—Parvin Road from Good Hope Road to North Legacy Page 2 of 6
VI.
As required by Texas Transportation Code §251.012 and as evidenced by the signature of
the Town's representative below, the governing body of the Town by the execution of and
approval of this Agreement hereby approves of the expenditure of Town money to finance the
construction, improvement, maintenance and/or repair of a street or alley in the County that is
located in the Town.
VII.
This Agreement may be terminated in whole or in part by the County or the Town upon
thirty [30] days written notice to the other party setting forth a substantial failure by the
defaulting party to fulfill its obligations under this Agreement through no fault of the terminating
party. No such termination may be affected unless the defaulting party is given: (1) written
notice of intent to terminate, setting forth the substantial failure to perform, delivered via
certified mail, return receipt requested; (2) not less than thirty [30] calendar days to cure the
failure; and (3) an opportunity for consultation with the terminating party prior to termination. In
the event of termination by the County, the Town shall pay all approved invoices submitted up to
and including the date of termination.
VIII.
This Agreement represents the entire integrated agreement between the County and the
Town and supersedes all prior negotiations, representations and/or agreements, either oral or
written. This Agreement may only be amended by written instrument signed by both of the
Parties. Notices shall be directed as follows:
For Town: Honorable Ray Smith, Mayor
Town of Prosper, Texas
P.O. Box 307
Prosper, Texas 75078
Copy To: Mr. Mike Land, Town Manager
Town of Prosper, Texas
P.O. Box 307
Prosper, Texas 75078
For County: Honorable Mary Horn
Denton County Judge
110 West Hickory Street, 2nd Floor
Denton, Texas 76201
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Copy To: Denton County District Attorney's Office—Civil Division
1450 East McKinney Street, Suite 3100
Denton, Texas 76209
IX.
The covenants, terms and conditions herein are to be construed under the laws of the
State of Texas and are performable by the Parties in Denton County, Texas. The Parties
mutually agree that venue for any obligation arising from this Agreement shall lie in Denton
County, Texas.
X.
The County agrees and understands that the County, its employees, servants, agents
and/or representatives shall at no time represent themselves to be employees, servants, agents
and/or representatives of the Town.
XI.
The Town agrees and understands that the Town, its employees, servants, agents and/or
representatives shall at no time represent themselves to be employees, servants, agents and/or
representatives of the County.
XII.
The County agrees to accept full responsibility for the acts, negligence and/or omissions
of all County employees, agents, subcontractors and/or contract laborers and for all other persons
doing work under a contract or agreement with the County.
XIII.
The Town agrees to accept full responsibility for the acts, negligence and/or omissions of
all Town employees, agents, subcontractors and/or contract laborers and for all other persons
doing work under a contract or agreement with the Town.
XIV.
This Agreement is not intended to extend the liability of the Parties beyond that provided
for by law. Neither the County nor the Town waive, nor shall be deemed to have hereby waived,
any immunity or defense that would otherwise be available to it against claims made by third
parties.
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XV.
In the event that any portion of this Agreement shall be found to be contrary to law, it is
the intent of the Parties hereto that the remaining portions of this Agreement shall remain valid
and in full force and effect to the fullest extent possible.
XVI.
The undersigned officers and/or agents of the Parties hereto are the properly authorized
officials and have the necessary authority to execute this Agreement on behalf of the Parties
hereto, and each party hereby certifies to the other that any necessary resolutions extending said
authority have been duly passed and are now in full force and effect.
XVII.
This Agreement becomes effective when signed by the last party whose signing makes
the respective agreement fully executed and the term of this Agreement is for the life of the
Project beginning on the date of execution of this Agreement and continuing until the Project is
completed.
Executed in triplicate originals this day of,............. ... ......._.... t , 2010.
DENTON COUNTY, TEXAS TOWN OF PROSPER, TEXAS
110 West Hickory Street, 2°d Floor P.O. Box11
Denton, Te , 7C1, 01 Prosper,"'1; ,gas 75078
BY: .. _ By:
Honorable MaryHorn
Denton County.Mudge Town of Prosper, Texas
Acting by and on behalf of the � „�� Acting by and on behalf of the
Denton County C ou �r� �ssirls Cblut` Town of Prosper
ATTEST:
TEST: ATTEST:.
BDe ton C Iti y `l� � �, ��� � f� n 'ecretary
APPROVED ST FORM: APPROVED AS TO FORW
By; BY _...
Assistant Di rice Attorney To `attorney
Prosper ICA P v m Road from Good Hope Road to North Legacy Page 5 o1`6
APPROVAL OF INTERLOCAL COOPEILATION AGREEMENT PROJECT
Denton County, Texas, acting by and through the Denton County Commissioners Court,
having been advised of the Project, with a total cost for materials of FIFTY ONE THOUSAND
AND NO/100 DOLLARS ($51,000.00), which shall be paid to Denton County, Texas, herein
gives its specific written approval to the Project prior to beginning the Project in satisfaction of
Texas Government Code §791.014.
The description of the Project to be undertaken and its location are as follows: of
providing for improvements to Parvin Road from Good Hope Road to North Legacy Drive for a
distance of approximately 10,000 linear feet at a width of approximately 20 feet. The
improvements shall consist of adding 6 inches of flexbase to the roadway which is located
entirely within the municipal limits of the Town and Denton County Commissioner Precinct#1.
The local governments which requested the Project and with whom the Agreement is by
and between are Denton County, Texas, and the Town of Prosper, Texas.
By vote on the date below, the Denton County Commissioners Court has approved the
Project identified above and authorized execution of this document by the presiding officer of the
Denton County Commissioners Court.
Date:
By
Presiding Officer oe Denton
County Commission r•s Court
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