Resolution 2012-11 RESOLUTION NO. 2012-11(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF
WYLIE, TEXAS TO EXECUTE AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF WYLIE AND THE WYLIE ECONOMIC
DEVELOPMENT CORPORATION FOR THE PROVISION OF CERTAIN
SERVICES; AND PROVIDING AN EFFECTIVE DATE.
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 to execute an
Interlocal Cooperation Act Agreement between the City of Wylie and the Wylie Economic
Development Corporation for the provision of certain services, and a copy of said Agreement
copy is attached hereto as Exhibit"A" and incorporated herein for all purposes.
SECTION 2. This Resolution is effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS on this 27 day of March, 2012.
Eric Hogue,Ma o
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Resolution No.2012-11(R)
WEDC ILA—General Administrative Services
Exhibit"A" ��
(Agreement)
Resolution No.2012-]](R)
WEllC ILA—General Administrative Services
INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF WYLIE,TEXAS AND THE WYLIE
ECONOMIC DEVELOPMENT CORPORATION
THIS AGREEMENT (the "Agreement"), made and entered into this 27th day of March, 2012, by
and between the CITY OF WYLIE, a municipal corporation (the "City"), and the WYLIE
ECONOMIC DEVELOPMENT CORPORATION, a political subdivision organized under the
Development Corporation Act of 1979 through the auspices of the City of Wylie, Texas
(WEDC').
WHEREAS, the City has investigated and determined that it would be advantageous and
beneficial to the City and its citizens to provide personnel, Information Systems, accounting and
other services to the WEDC; and
WHEREAS, the City and the WEDC desire to enter into this Agreement for the purpose of
establishing the administration and compensation to be paid pursuant to the use of City's
personnel; and
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code (the
��,, "Act"), provides the authority to political subdivisions for contracts by and between each other
to facilitate the governmental functions and services of said political subdivisions under the
terms of the Act.
NOW, THEREFORE, in consideration of the covenants and conditions contained in this
Agreement, the City and the WEDC agree as follows:
1. Term. The term of this Agreement shall be from March 27th, 2012 to March 27tn,
2017 ("Term").
2. Citv's Obli�ations. City shall provide WEDC with:
A. Accounts payable, payroll, audit, and other financial services requested by the
Executive Director; and
B. Those services provided by the IS Technician which are considered to be
standard and customary for the day-to-day operations of the WEDC computer systems; and
C. Access to all other City departments which can provide assistance to the WEDC
in its effort to attract and secure business relocations and expansion.
N� D. Access to Insurance and benefits per Local Government Code Sec. 501.067.
3. WEDC's Obli�ations. WEDC shall:
INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF WYLIE AND THE WEDC
Page 2 of 5
A. Pay City Five Thousand ($5,000.00) per annum for all services provided in
accordance to paragraph 2 above; and
B. Reimburse the City those funds directly attributable to the audit of WEDC
accounts and transactions; and
C. Pay City for portion of general liability and errors and omissions insurance
attributed to the WEDC; and
D. Correspond with the City Manager to seek approval of requests for assistance
which go beyond standard and customary or which require an excessive amount of staff time.
A lump sum payment, per Section 3 A will be made by WEDC on the effective
date of this Agreement and subsequent anniversary dates thereafter.
4. Termination. Either party may terminate this Agreement, with or without cause,
upon ninety (90) days written notice to the other party.
5. Notice. Any notice required or permitted to be delivered hereunder shall be
deemed to be delivered, whether or not actually received, when deposited in the United States ---�
Mail, postage pre-paid, certified mail, return receipt requested, addressed to either party, as
the case may be, at the addresses contained below:
City: City of Wylie
Attn: Ms. Mindy Manson
300 Country Club Road
Wylie,TX 75098
WEDC: Wylie Economic Development Corporation
Attn: Mr. Sam Satterwhite
250 South Hwy. 78
Wylie,TX 75098
6. Miscellaneous.
A. Assi�nment. This Agreement is not assignable.
B. Entire A�reement. This Agreement contains the entire agreement of the parties
with respect to the matters contained herein and may not be modified or terminated except
upon the provisions hereof or by the mutual written agreement of the parties hereto.
INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF WYLIE AND THE WEDC
Page 3 of 5
C. Venue. This Agreement shall be construed in accordance with the laws of the
State of Texas and shall be performable in Collin County,Texas.
D. Consideration. This Agreement is executed by the parties hereto without
coercion or duress and for substantial consideration, the sufficiency of which is forever
confessed.
E. Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
F. Authoritv to Execute. The individuals executing this Agreement on behalf of the
respective parties below represent to each other and to others that all appropriate and
necessary action has been taken to authorize the individual who is executing this Agreement to
do so for and on behalf of the party for which his or her signature appears, that there are no
other parties or entities required to execute this Agreement in order for the same to be an
authorized and binding agreement on the party for whom the individual is signing this
Agreement and that each individual affixing his or her signature hereto is authorized to do so,
and such authorization is valid and effective on the date hereof.
G. Savin�s/Severabilitv. In case any one or more of the provisions contained in
`°`�"` this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any
respect, such invalidity, illegality or unenforceability shall not affect any other provision
thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable
provision had never been contained herein.
H. Representations. Each signatory represents this Agreement has been read by
the party for which this Agreement is executed and that such party has had an opportunity to
confer with its counsel.
I. Miscellaneous Draftin� Provisions. This Agreement shall be deemed drafted
equally by all parties hereto. The language of all parts of this Agreement shall be construed as a
whole according to its fair meaning and any presumption or principle that the language herein
is to be construed against any party shall not apply. Headings in this Agreement are for the
convenience of the parties and are not intended to be used in construing this document.
J. Pursuit of a Governmental Function. Both the City and the WEDC have
determined by execution of this Agreement and the obligations of the parties contained herein
are in discharge of a governmental function as set forth in the Interlocal Cooperation, Chapter
791, Texas Government Code, and the participation by either party in the terms of this
Agreement shall not make such party an agent or representative of the other party.
_ __
INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF WYLIE AND THE WEDC
Page 4 of 5
K. Soverei�n Immunitv. The parties agree that neither the City nor the WEDC has
waived its sovereign immunity by entering into and performing their respective obligations
under this Agreement.
L. Bindin�A�reement. This Agreement shall be binding upon and shall inure to the
benefit of the parties hereto and their respective successors and assigns. No third party shall
have any rights herein.
IN WITNESS WHEREOF, the parties have executed this Agreement and caused this
Agreement to be effective on the latest date as reflected by the signatures below.
THE CITY OF WYLIE,TEXAS
MINDY MANSON, City Manager
Date: ,2012 --�-
WYLIE ECONOMIC DEVELOPMENT CORPORATION
SAMUEL SATTERWHITE, Executive Director
Date: ,2012
INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF WYLIE AND THE WEDC
Page 5 of 5
STATE OF TEXAS §
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, on this day personally appeared MINDY
MANSON, known to me to be one of the persons whose names are subscribed to the foregoing
instrument; he/she acknowledged to me he/she is the duly authorized representative for the
CITY OF WYLIE, TEXAS, and he/she executed said instrument for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ,
2012.
Notary Public in and for the State of Texas
STATE OF TEXAS §
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, on this day personally appeared SAMUEL
SATTERWHITE known to me to be one of the persons whose names are subscribed to the
foregoing instrument; he/she acknowledged to me he/she is the duly authorized representative
for the WYLIE ECONOMIC DEVELOPMENT CORPORATION, and he/she executed said
instrument for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
2012.
Notary Public in and for the State of Texas