Resolution 2015-20 RESOLUTION NO.2015-20(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 AN INTERLOCAL
AGREEMENT BY AND BETWEEN THE CITY OF WYLIE AND COLLIN
COUNTY FOR GIS SERVICES.
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, an Interlocal Agreement by
and between COLLIN COUNTY and the City of WYLIE, Texas for GIS Services,
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 22°d day of September,2015.
ERIC HOGUE, Yay r
ATTEST TO:
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C ROLE E , City Secretary
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Resolution No.2015-20(R)—Interlocal
Agreement for GIS Services
between the City of Wylie and
Collin County; W2015-80-1 Page I of I
AGREEMENT BY AND BETWEEN THE CITY OF WYLIE AND
COLLIN COUNTY,TEXAS
FOR GIS SERVICES
This Interlocal Agreement (the "Agreement") is made and entered into by and
between Collin County, a political subdivision of the State of Texas (hereinafter referred to as
the "Cour ") and the City of Wylie, Texas, a Texas home rule municipal corporation,
(hereinafter referred to as the "Ci '), to be effective upon October 1, 2014 with approval of the
Wylie City Council and subsequent execution of this Agreement by the Wylie City Manager or
her duly authorized designee.
WHEREAS, both the City and County have the authority to enter into this Agreement
pursuant to Chapter 791 of the Texas Government Code and;
WHEREAS, it has been determined mutually beneficial to both Parties to execute this
agreement which sets forth the parameters under which and;
WHEREAS, the County wants to ensure that the City has the most current geographic
information at their disposal.
NOW, THEREFORE, for and in consideration of the mutual representations, terms and
covenants hereinafter set forth, it is understood and agreed by and between the parties hereto as
follows:
I.
Purpose
The purpose of this Interlocal Agreement is to set forth the parameters under which the
County will provide GIS Services to the City to include creating, managing and mapping specific
spatial layers to aid in service to the City constituents.
II.
Services
County will prepare the Wylie Fire Rescue, services as outlined in Exhibit"A" (which will be
updated annually). The work listed within the Exhibits provides up to 160 hours of
development, management and mapping for the City. All of the work listed will be completed
within the term of the Agreement and the City's fiscal budget year. County will maintain and
update the data created from this project for the duration of the most current Agreement term.
Requests for additional work will be mutually agreed upon in writing by both Parties; and work
shall not begin until such written changes to the Agreement are executed by an authorized
representative of each Party.
Agreement between City of Wylie and Collin County,Texas
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613317.1
III.
Effective Date/Term
County and City recognizes that this Agreement shall commence upon the effective date
of October 1, 2014 and continue in full force and effect for a period of one (1) year (or until
termination in accordance with its provisions); and shall renew annually upon written mutual
agreement of both Parties.
IV.
Termination/Breach
This Agreement may be terminated by either Party with or without cause upon ninety (90) days
written notice to the other Party. Upon termination, County will reimburse any unused
maintenance fees paid.
The Parties hereto expressly covenant and agree that in the event either party is in default of its
obligations herein, the party not in default shall provide to the party in default thirty (30) days
written notice to cure said default before exercising any of its rights as provided for in this
Agreement.
V.
Funding
County and City herein recognize that the continuation of the Agreement after the close of any
given fiscal year of the City of Wylie, which fiscal year ends on September 30th of each year,
shall be subject to Wylie City Council approval of funding. In the event that the Wylie City
Council does not approve the appropriation of funds for this Agreement, the Agreement shall
terminate at the end of the fiscal year for which funds were appropriated and the parties shall
have no further obligations hereunder.
VI.
Payment
Payments hereunder shall be made to County in accordance with Exhibit "A" and the
Texas Prompt Payment Act; within thirty (30) days of receiving a correct invoice for the
products and services delivered.
VII.
Warranty
County warrants and covenants to the City that all goods and services provided by
County, subcontractors, and/or agents under this Agreement shall be free of defects and
produced and performed in a skillful and workmanlike manner and shall comply with the
specifications for said goods and services as set forth in this Agreement.
Agreement between City of Wylie and Collin County,Texas
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613317.1
VIII.
Notice
Any notice provided or permitted to be given under this Agreement must be in writing
and may be served by depositing same in the United States mail, addressed to the party to be
notified, postage pre-paid and registered or certified with return receipt requested, or by
delivering the same in person to such party via a hand-delivery service, Federal Express or any
courier service that provides a return receipt showing the date of actual delivery of same, to the
addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the
address of the addressee. For purposes of notification, the addresses of the parties shall be as
follows:
If to County, to: Collin County
Attn: Purchasing Agent
2300 Bloomdale, Suite 3160
McKinney,TX 75071
If to City,to: City of Wylie
Attn: Glenna Hayes, Purchasing Mgr.
300 Country Club Rd., Bldg 100
Wylie, Texas 75098
Wylie Fire Rescue
Attn: Asst. Chief Brandon Blythe
300 Country Club Road
Wylie, TX 75098
IX.
Liability
The Parties to this Agreement and their respective officers, agents and employees shall
not be deemed to assume any liability for the acts, omissions and negligence of the other party.
X.
Amendments
This Agreement may be amended from time to time in writing,when mutually agreed upon by
both Parties and executed by an authorized representative.
XI.
Severability
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.
Agreement between City of Wylie and Collin County,Texas
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613317.1
XII.
Entire Agreement
The Agreement documents contain the entire agreement of the parties with respect to the
matters contained herein; and supersedes all other negotiations, representations, or agreement,
wither written or oral relating to this Agreement. All provisions of the Agreement documents
shall be strictly complied with and conformed to by the Parties, and no amendment to the
Agreement documents shall be made except upon the written agreement of the parties, which
shall not be construed to release either party from any obligation of the Agreement documents
except as specifically provided for in such amendment.
XIII.
Compliance with Applicable Laws Set Forth Herein
County shall at all times observe and comply with all Federal, State and local laws,
ordinances and regulations including all amendments and revisions thereto, which in any manner
affect County or the work. If County observes that the work is at variance therewith, County
shall promptly notify City in writing.
IVX.
Counterparts
This Agreement may be executed in a number of identical counterparts, each of which
shall be deemed an original for all purposes.
XV.
Venue
This Agreement shall be construed under and in accordance with the laws of the State of
Texas and venue shall only be in Collin County, Texas.
XVI.
Binding Effect
This Agreement shall be binding on and inure to the benefit of the Parties and their
respective heirs, executors, administrators, legal representatives, successors, and assigns when
permitted by this Agreement.
XVII.
Authority to Execute
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
Agreement between City of Wylie and Collin County,Texas
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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.
XVIII.
Assignment
County agrees to retain control and to give full attention to the fulfillment of this
Agreement, that this Agreement shall not be assigned or sublet without the prior written consent
of City, and that no part or feature of the work will be sublet to anyone objectionable to City.
County further agrees that the subletting of any portion or feature of the work, or materials
required in the performance of this Agreement, shall not relieve County from its full obligations
to City as provided by this Agreement.
IXX.
Sovereign Immunity
The parties agree that the City has not waived its sovereign immunity by entering into
and performing its obligations under this Agreement.
XX.
Force Majeure
If the performance of any covenant or obligation to be performed hereunder by any party
is delayed as a result of circumstances which are beyond the reasonable control of such party
(which circumstances may include, without limitation, pending litigation, acts of God, war, acts
of civil disobedience, fire or other casualty, shortage of materials, adverse weather conditions
[such as, by way of illustration and not of limitation, severe rain storms or below freezing
temperatures, or tornados] labor action, strikes or similar acts, moratoriums or regulations or
actions by governmental authorities), the time for such performance shall be extended by the
amount of time of such delay, but no longer than the amount of time reasonably occasioned by
the delay. The party claiming delay of performance as a result of any of the foregoing "force
majeure" events shall deliver written notice of the commencement of any such delay resulting
from such "force majeure" event not later than seven (7) days after the claiming party becomes
aware of the same, and if the claiming party fails to so notify the other party of the occurrence of
a "force majeure" event causing such delay and the other party shall not otherwise be aware of
such "force majeure" event, the claiming party shall not be entitled to avail itself of the
provisions for the extension of performance contained in this subsection.
Agreement between City of Wylie and Collin County,Texas
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IN WITNESS,WHEREOF,we,the contracting parties, by our duly authorized agents,
hereto affix our signatures and seals as of the date listed above.
CITY OF WYLIE,TEXAS
a Texas municipality
By:
Mindy Manson, City Manager
COLLIN COUNTY:
A Political Subdivision of the State of Texas
By:
Printed Name, Title
Agreement between City of Wylie and Collin County,Texas
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STATE OF TEXAS §
L §
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; she acknowledged to me she is the duly authorized representative for the City of
Wylie, Texas and she executed said instrument for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, 2015.
Notary Public in and for the State of Texas
My Commission Expires:
STATE OF TEXAS §
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, on this day personally appeared
, known to me to be one of the persons whose
names are subscribed to the foregoing instrument; he acknowledged to me he is the duly
authorized representative for Collin County, Texas, and said person executed said instrument
for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, 2015.
Notary Public in and for the State of Texas
My Commission Expires:
Agreement between City of Wylie and Collin County,Texas
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EXHIBIT `A'
Services and Fees
Effective 10/1/2014
2015 SERVICES:
• District 4: 100 hours $5,000.00
o Develop scenarios for a new district
o Develop Final presentation for District 4
o Add District 4 to the map products
• Geocode All Calls: 60 hours $3,000.00
o Geocode all data provide by Wylie FD
o Add data to new call boxes
o Demonstrate various ways to display
ANNUAL MAINTENANCE—Option A $7,000.00
As detailed in Exhibit"A-1"; to include the following:
o Twelve(12)months of data updates
o Storage of data
o Web Access and design along with a routine backup and recovery strategy for the
work above
o Software upgrades
o Web upgrades
o Map Book and Wall Map Updates
o Additional Training
o Mapping(includes annual sex offender buffer map, 10 wall maps, 10 smaller
maps and map books)
City will provide to County the information needed to perform the work.
Agreement between City of Wylie and Collin County,Texas
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613317.1