Resolution 2022-21 L RESOLUTION NO.2022-21(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,
HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE,
TEXAS, TO EXECUTE THE INTERLOCAL COOPERATION AGREEMENT
BETWEEN THE CITY OF WYLIE, TEXAS, AND COLLIN COUNTY, TEXAS
FOR COUNTY ROAD AND BRIDGE IMPROVEMENTS LOCATED WITHIN
CITY LIMITS IN ACCORDANCE WITH COURT ORDER NO.2021-109-02-01.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE,TEXAS:
SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on
behalf of the City Council of the City of Wylie,Texas, the Interlocal Cooperation Agreement between the
City of Wylie and Collin County, Texas concerning county road and bridge improvements located within
city limits in accordance with Court Order No. 2021-109-02-01. See Exhibit"A"- Interlocal Cooperation
Agreement.
SECTION 2: This Resolution shall take effect immediately upon its passage.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 9th
Lday of August,2022.
/ (..9-
._
Matthew Porter, Mayor
ATTEST TO: /`,,
dip id
Stephanie Storm,City Secretary
\ ''' ''.1-1L%'`7;-: ,,/ 7
L
Resolution No.2022-21(R)—ILA with Collin County for Road&Bridge Improvements Page 1 of 2
EXHIBIT"A"
Interlocal Cooperation Agreement
Resolution No.2022-21(R)—ILA with Collin County for Road&Bridge Improvements Page 2 of 2
JNTERLOCAL COOPERATION AGREEMENT
Whereas, the Interlocal Cooperation Act, Title 7, Chapter 791, Vernon's Texas
Statutes and Codes Annotated (the "Act"), and the Constitution of the State of Texas,
Article III, Section 64(b) (the "Constitution") specifically authorizes counties and other
political subdivisions comprised or located within the county, to contract with one
another for the performance of governmental functions and/or services required or
authorized by the Constitution, or the laws of this State, under the terms and
conditions prescribed in the Act: and
WHEREAS, the functions and/or services contemplated to be performed by
Collin County, Texas, as set out herein, are governmental functions and/or services
contemplated by the terms of the Act and are functions and/or services which each
of the parties hereto have independent authority to pursue, notwithstanding this
Agreement; and
WHEREAS, both the county and the political subdivision named herein are
desirous of entering into this Interlocal Cooperation Agreement, as is evidenced by
the resolutions or orders of their respective governing bodies approving this
Agreement which are attached hereto and made a part hereof.
NOW, THEREFOR, THIS AGREEMENT is hereby made and entered into by and
between Collin County, Texas a political subdivision of the State of Texas, and the City
of Wylie, political subdivision of the State of Texas, which is wholly or partially located
within Collin County, Texas . Consideration for this Agreement consists of the mutual
covenants contained herein, as well as any monetary consideration, which m a y be stated
herein. This agreement is as follows, to wit:
I.
As requested by the political subdivision named herein, Collin County, Texas,
acting by and through its duly authorized agents and employees, agrees to provide
said political subdivision with the following described governmental functions and/or
services:
ROAD IMPROVEMENTS IN ACCORDANCE WITH
COURT ORDER NO. 2021-109-02-01 (Copy Attached)
II.
As consideration for the above-described governmental functions and/or
services, said political subdivision agrees to timely pay to Collin County, Texas,
in accordance with the advance cost estimate submitted to them for work they have
requested in the amount and upon the following terms and conditions:
1) PAYMENT IN FULL UPON COMPLETION OF WORK AND RECEIPT OF BILL
FOR SAME.
1
2) PAYMENT TO EQUAL REIMBURSEMENT IN FULL FOR LABOR, EQUIPMENT, AND
MATERIAL EXPENDED BY COLLIN COUNTY.
Any payments for Work performed under this Agreement that are not made within thirty
days from when such payments are due shall accrue interest as prescribed by the Texas
Prompt Payment Act (Tex. Gov't Code ch. 2251).
Each party agrees to perform all other acts and execute and deliver all other documents as
may be necessary or appropriate to carry out the intent and purposes of this Agreement.
III.
To the fullest extent allowed by law, each party hereto agrees to defend and
indemnify the other from any claims, demands, costs or judgments arising out of
any negligent act or omission of their respective employees or agents in the
performance of the governmental functions and/or services under this Agreement.
Failure of a Party to exercise any right or remedy in the event of default by any other Party
shall not constitute a waiver of such right or remedy for any subsequent breach or default.
Should any provision of this Agreement or the application thereof be held invalid or
unenforceable to any extent, the remainder of this Agreement and the application thereof shall
not be affected thereby and shall continue to be valid and enforceable to the fullest extent,
consistent with the intent of the Parties as evidenced by this Agreement.
IV.
This Agreement shall be effective October 1 ,2022, or from the passage of enabling
resolutions or orders by the governing bodies of the parties hereto and the execution
hereof by each of the authorized representatives of the political subdivision who are
parties hereto and shall remain in effect through September 30, 2026 unless
terminated by either party upon giving thirty (30) days written notice to the other party
of its intent to terminate the agreement.
Notices, correspondence, and all other communications shall be addressed as follows;
However, the Parties hereto shall have the right from time to time to change their respective
addresses by giving at least fifteen (15) days' written notice to the other Party.
If to Collin County:
Public Works Purchasing Administration
Jon Kleinheksel Gina Zimmel Bill Bilyeu
700A Wilmeth Rd. 2300 Bloomdale Rd., #3160 2300 Bloomdale Rd., #4192
McKinney, TX 75069 McKinney, TX 75071 McKinney, TX 75071
972-548-3700 972-548-4119 972-548-4698
jkleinheksel anco.collin.tx.us gzimmel(aco.collin.tx.us bbilyeu a(�.co.collin.tx.us
2
If to City:
City Manager Public Works Purchasing
Brent Parker Tommy Weir Glenna Hayes
300 Country Club Road 300 Country Club Road 300 Country Club Road
Wylie, TX 75098 Wylie, TX 75098 Wylie, TX 75098
brent.parker@wylietexas.gov tommy.weir@wylietexas.gov glenna.hayes@wylietexas.gov
972-516-6012 972-516-6150 972-516-6140
V.
Notwithstanding the foregoing, it is understood that each party paying for the
performance of governmental functions or services must make those payments from
current revenues available to the paying party. In the event of a non-appropriation
by the paying party, the performing party shall be relieved of its responsibilities
hereunder as of the first day of the fiscal year of such non-appropriation. All payments
must be in an amount that fairly compensates the performing party for the services or
functions performed under this agreement.
Force Majeure: No party shall be liable or responsible to the other party, nor be deemed
to have defaulted under or breached this Agreement, for any failure or delay in fulfilling
or performing any term of this Agreement, when and to the extent such failure or
delay is caused by or results from acts beyond the affected party's reasonable control,
including, without limitation: acts of God; flood, fire or explosion; war, invasion, riot or other
civil unrest; actions, embargoes or blockades in effect on or after the date of this
Agreement; or national or regional emergency ( each of the foregoing, a "Force Majeure
Event"). A party whose performance is affected by a Force Majeure Event shall give notice
to the other party, stating the period of time the occurrence is expected to continue and shall
use diligent efforts to end the failure or delay and minimize the effects of such Force
Majeure Event. VI.
Dispute Resolution
Notice & Conference
If a party believes that the other party has not met, or is not meeting, an obligation under
this agreement, the party will contact the other's representative to discuss the issue. If
the aggrieved party does not believe that this informal contact, discussion, and ensuing
efforts have fixed the issue, then the party will notify the other party's representative in
writing of the party's belief or complaint with reasonable detail to permit the other party
to address the issue. The other party will then have a reasonable time to address the
issue and improve its performance. This initial process will take no more than 14
calendar days, unless the parties agree otherwise.
If discussions between the parties' representatives do not resolve the issue, then the
County Judge, or County Administrator from Collin County and the Mayor, City Manager,
from the City of Wylie will meet in person to discuss and try to resolve the issue. This
process will take no more than five (5) business days, unless the parties agree
otherwise.
3
Prerequisites to Filing for ADR or a Lawsuit
Neither party may file a claim or lawsuit in any forum before the parties are finished
using the cooperation procedures set forth above.
Expenses for Enforcement. In the event either Party hereto is required to employ an attorney
to enforce the provisions of this Agreement or is required to commence legal proceedings to
enforce the provisions hereof, the prevailing Party shall be entitled to recover from the other,
reasonable attorney's fees and court costs incurred in connection with such enforcement,
including collection.
This agreement will be governed and construed according to the laws of the State of Texas.
This agreement is performable in Collin County, TX.
VII.
By entering into this Agreement, the parties do not intend to create any
obligations, express or implied, other than those specifically set out in this Agreement.
The Parties represent that the individuals signing this Agreement on their behalf possess full
power and authority to enter into this Agreement from their respective governing boards in
compliance with the laws of the State of Texas.
By signing this agreement, no party waives any immunity or defense that would otherwise
be available to it against claims arising in the exercise of governmental powers and
functions.
Nothing in this Agreement shall create any rights or obligations as to any party who is
not a signatory to this Agreement. This agreement does not confer any rights or
remedies upon any person or entity other than the Parties.
Should any provision of this Agreement or the application thereof be held invalid or
unenforceable to any extent, the remainder of this Agreement and the application thereof shall
not be affected thereby and shall continue to be valid and enforceable to the fullest extent,
consistent with the intent of the Parties as evidenced by this Agreement.
A party will not assign its rights or obligations under this agreement, in whole or in part,
to another person or entity without first obtaining the other party's written consent.
This Agreement is the entire agreement of the Parties. This Agreement may not be altered
or amended except by mutual written agreement as provided herein.
If the Parties desire to modify this Agreement during or after the initial term, any modifications
may be either incorporated herein by written amendment or set forth in a new written
agreement.
This Agreement may be executed in one or more identical counterparts, each of which will be
deemed an original for all purposes.
4
COLLIN COUNTY, TEXAS
Date: By:
Title: County Judge
CITY OF WYLIE
Date: By:
Title:
5