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Resolution 2020-121 RESOLUTION NO. 2020-12(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, OR HIS DESIGNEE, TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF MURPHY AND THE CITY OF WYLIE TO PROVIDE FOR THE CITY OF WYLIE'S OPERATION AND MAINTENANCE OF THE SIGNALIZED INTERSECTION AT MCCREARY ROAD AND MCMILLEN DRIVE, A LOCATION WITHIN THE JURISDICTIONS OF WYLIE AND MURPHY, AND THE CITY OF MURPHY'S MAINTENANCE OF MEDIANS IN THE AREA OF THE DESIGNATED INTERSECTION, AND TO TAKE ANY AND ALL OTHER ACTIONS NECESSARY TO EFFECTUATE THE SAME; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, the City of Murphy, Texas ("Murphy") and the City of Wylie, Texas ("Wylie") have the authority to enter into an interlocal agreement pursuant to the Texas Interlocal Cooperation Act, Chapter 791 of the Texas Government Code; and WHEREAS, Murphy and Wylie desire to enter into an interlocal agreement regarding the operation and maintenance of the traffic signals and traffic signal system at the intersection at McCreary Road and McMillen Drive and maintenance of medians in the area of such intersection, as described in the Interlocal Agreement attached hereto as Exhibit 1 (the "Agreement"); and WHEREAS, Wylie is authorized by law to perform the services it is required to perform under the Agreement; and WHEREAS, the City Council finds that adopting this resolution and approving the Agreement will promote the health, safety and welfare of Wylie's citizens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. The findings set forth above are incorporated into the body of this resolution as if fully set forth herein. SECTION 2. The Wylie City Manager, or his designee, is hereby authorized to execute, on behalf of Wylie, the Agreement, in the form attached hereto as Exhibit 1, and to take any and all other actions necessary to effectuate the same. Should the final, executed version of the Agreement be modified from the version attached as Exhibit 1, such final, executed version shall replace Exhibit 1 of this resolution for all purposes. SECTION 3. A copy of this resolution shall be forwarded to Murphy. SECTION 4. This resolution shall be effective immediately upon its passage. Resolution No. 2020-12(R) Interlocal Agreement with City of Murphy Page 1 of 3 2976482 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 25th day of February, 2020. Eric Hogue, ATTEST TO: Stephanie Storm, City Secretary Resolution No. 2020-12(R) Interlocal Agreement with City of Murphy Page 2 of 3 2976482 1 1 1 1 Exhibit 1 Form of Agreement [8 pages attached hereto] Resolution No. 2020-12(R) Interlocal Agreement with City of Murphy Page 3 of 3 2976482 1 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF WYLIE, TEXAS, AND THE CITY OF MURPHY, TEXAS, FOR THE OPERATION AND MAINTENANCE OF A DESIGNATED SIGNALIZED INTERSECTION AND MEDIAN LANDSCAPING This Interlocal Agreement ("Agreement") is entered into to be effective on the date that the last approving Party executes the Agreement, under and in accordance with the provisions of the Interlocal Cooperation Act, Chapter 791, Texas Government Code, by and between the City of Wylie, Texas, a Texas home -rule municipality, ("Wylie"), and the City of Murphy, Texas, a Texas home -rule municipality, ("Murphy"). Wylie and Murphy are sometimes referred to collectively as the "Parties" or individually as a "Party." WITNESSETH WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, authorizes units of local government to contract with one or more units of local government to perform governmental functions and services; and 'WHEREAS, this Agreement is entered into pursuant to the authority, under the provisions of, and in accordance with, Chapter 791 of the Texas Government Code, for the performance of governmental functions and services; specifically, operation and maintenance of a signalized intersection and median landscaping, as further identified herein; and WHEREAS, Wylie has the requisite personnel to effectively and efficiently operate and maintain a signalized intersection, including its traffic signals and traffic signal system; and WHEREAS, Murphy has determined that it will be more effective and efficient for Wylie to operate and maintain the designated signalized intersection at McCreary Road and McMillen Drive ("Designated Intersection"), a location within the jurisdictions of Wylie and Murphy; and WHEREAS, in consideration for Wylie operating and maintaining the Designated Intersection, Murphy, pursuant to the terms and conditions set forth in this Agreement, agrees to maintain all median area landscaping for the area of McCreary Road from East Farm to Market Road 544 to McWhirter Road (collectively, "Designated Medians"); and WHEREAS, Murphy and Wylie deem it to be in the best interest of both Parties to enter into this Agreement; and WHEREAS, Wylie and Murphy have adopted a resolution or ordinance by their respective governing bodies that authorizes Wylie and Murphy to enter into this Agreement, which are all attached hereto as Exhibit "A", and incorporated herein by reference for all purposes. NOW, THEREFORE, this Agreement is made and entered into by Wylie and Murphy, upon and for the mutual consideration hereinafter stated, which Parties hereby agree and understand as follows: ILA for the Operation and Maintenance of Traffic Signal and Median Landscaping Page 1 of 8 2973254 Article 1— Contract Period This Agreement becomes effective when fully executed by the last Party whose signing makes this Agreement fully executed and shall renew annually, subject to the availability of funding. This Agreement shall remain in full force and effect unless terminated by mutual agreement of the Parties or terminated in accordance with Article 6, Termination. Article 2 — Wylie's Responsibilities Wylie shall fulfill the following responsibilities, obligations and duties pursuant to this Agreement. Wylie shall: (A) Provide trained staff to maintain and operate the traffic signals and traffic signal system at the Designated Intersection; and (B) Maintain and operate the traffic signals and traffic signal system at the Designated Intersection; and (C) Inspect the traffic signal system at the Designated Intersection a minimum of once every twelve (12) months; and (D) Repair or replace any and all components of the traffic signals and traffic signal system at the Designated Intersection that malfunction or become damaged as soon as practicable and without unreasonable delay; and (E) Provide alternate traffic control during a period of failure or repair of the traffic signals and/or traffic signal system at the Designated Intersection (barricades and warning signs shall be provided in accordance with the requirements of the latest edition of the Texas Manual on Uniform Traffic Control Devices); and (F) Perform administrative activities and provide administrative services necessary to perform this Agreement; and (G) Prioritize its duties under this Agreement based on the public's safety, taking into account such criteria as the order in which Wylie received a complaint about the Designated Intersection and the amount of traffic at the Designated Intersection. Article 3 — Murphy's Responsibilities: General Murphy shall fulfill the following responsibilities, obligations and duties pursuant to this Agreement. Murphy shall: (A) Provide all labor, equipment, and materials necessary to perform routine maintenance of the landscaping in the Medians; and (B) Perform routine maintenance of the landscaping in the Medians including mowing, weed eating, edging, trimming, pruning, planting, moving or removing vegetation, as well as application of fertilizers and herbicides in accordance with landscaping best practices; and (C) Keep the Medians free of litter and debris; and ILA for the Operation and Maintenance of Traffic Signal and Median Landscaping Page 2 of 8 2973254 1 1 (D) Perform routine maintenance of the irrigation system in the Medians including main line repairs, lateral line repairs, and sprinkler head repairs (routine maintenance under this Agreement does not include maintenance or repair of streetlights, fences, retaining walls, and hard surfaces including, but not limited to, concrete and asphalt). Article 4 — Compensation Neither Party shall receive compensation for any items set forth under this Agreement. Article 5 — Independent Contractors; Liability Wylie and Murphy are not agents, servants, or employees of the other Party and each Party is responsible for its own acts and deeds, errors, and omissions during the performance of this Agreement. Wylie and Murphy further acknowledge that nothing in this Agreement creates, grants, or assigns rights or responsibilities to act as a joint venture or partnership with the other Party to this Agreement. Article 6 — Termination This Agreement may be terminated by mutual written agreement and consent of all Parties or by either Party upon thirty (30) days written notice for failure of the other Party to fulfill the terms and conditions of this Agreement. In the event this Agreement is terminated by any of the above methods, the maintenance and operation of the traffic signals and traffic signal system at the Designated Intersection shall become the shared responsibility of Wylie and Murphy as will maintenance of the Medians. Any Murphy -owned signal equipment being held by Wylie shall be promptly returned within thirty (30) days to Murphy upon termination of this Agreement. Article 7 — Notices Any notice required or permitted to be delivered hereunder shall be deemed received three (3) days thereafter sent by the United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the Party at the address set forth below: City of Wylie Attn: City Manager 300 Country Club Road Wylie, Texas 75098 City of Murphy Attn: City Manager 206 N. Murphy Road Murphy, Texas 75094 ILA for the Operation and Maintenance of Traffic Signal and Median Landscaping Page 3 of 8 2973254 Article 8 — Transfer of Responsibilities Wylie shall not transfer its responsibilities for the work under this Agreement unless specifically approved in writing by Murphy. Article 9 — Amendments Changes in the character, costs, provisions, attached Exhibits, responsibilities or obligations authorized herein shall be enacted by written amendment. Any amendment to this Agreement must be executed by all Parties. Article 10 — 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. Article 11— Prior Agreements Superseded This Agreement constitutes the sole and only Agreement of the Parties hereto and supersedes any prior understanding, written or oral agreements between the Parties respecting the within subject matter. Article 12 — Current Revenues Each Party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying Party. Article 13 — Signature Warranty The signatories to this Agreement warrant that each has the authority to enter into this Agreement on behalf of the Party they represent. ILA for the Operation and Maintenance of Traffic Signal and Median Landscaping Page 4 of 8 2973254 1 Article 14 — Independent Parties; Immunity The Parties agree and acknowledge that each entity is not an agent of the other entity and that each entity is responsible for its own acts, forbearance, negligence and deeds, and for those of its agents or employees, except as expressly set forth to the contrary in this Agreement. This Agreement does not and shall not be construed to entitle either party or any of their respective employees, if applicable, to any benefit, privilege or other amenities of employment applicable to the other party. The Parties acknowledge and agree that, in executing and performing this Agreement, neither Party has waived, nor shall be deemed to have waived, any defense or immunity, including governmental, sovereign and official immunity, that would otherwise be available to either Party 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 than those set forth herein. Article 15 — Governing Law; Venue The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Agreement, without regard to conflict of law principles. This Agreement is performable in Collin County, Texas, and the exclusive venue for any action arising out of this Agreement shall be a court of appropriate jurisdiction in Collin County, Texas. Article 16 — Recitals The recitals to this Agreement are incorporated herein. Article 17 — Exhibits Any exhibits to this Agreement are incorporated herein by reference for all purposes wherever referred is made to the same. Article 18 — Headings The headings to the various clauses of this Agreement are for informational purposes only and will not alter the substance of the terms and conditions of this Agreement IN WITNESS WHEREOF, the Parties have executed multiple counterparts to effectuate this Agreement. This Agreement becomes effective when it is last signed. CITY OF WYLIE: APPROVED BY THE CITY COUNCIL FOR THE CITY OF WYLIE, TEXAS, in its meeting held on the 25th day of February 2020, and executed by its authorized representative. ILA for the Operation and Maintenance of Traffic Signal and Median Landscaping Page 5 of 8 2973254 CITY OF WYLIE, TEXAS a home -rule municipality By: ATTEST: Stephanie Storm, City Secretary Chris Halsted, City Manager ILA for the Operation and Maintenance of Traffic Signal and Median Landscaping Page 6 of 8 2973254 1 1 1 CITY OF MURPHY: APPROVED BY THE CITY COUNCIL FOR THE CITY OF MURPHY, TEXAS in its meeting held on the day of , 2020, and executed by its authorized representative. CITY OF MURPHY, TEXAS a home -rule municipality By: Mike Castro, City Manager ATTEST: Susie Quinn, City Secretary ILA for the Operation and Maintenance of Traffic Signal and Median Landscaping Page 7 of 8 2973254 EXHIBIT A RESOLUTIONS OF THE CITY OF WYLIE AND THE CITY OF MURPHY ILA for the Operation and Maintenance of Traffic Signal and Median Landscaping Page 8 of 8 2973254 1 RESOLUTION NUMBER 20-R-945 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MURPHY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF WYLIE, TEXAS AND THE CITY OF MURPHY, TEXAS FOR THE OPERATION AND MAINTENANCE OF A DESIGNATED SIGNALIZED INTERSECTION (MCCREARY RD./BETSY LN.) AND MEDIAN LANDSCAPING (MCCREARY RD.). WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, authorizes units of local government to contract with one or more units of local government to perform governmental functions and services; and WHEREAS, this Agreement is entered into pursuant to the authority, under the provisions of, and in accordance with, Chapter 791 of the Texas Government Code, for the performance of governmental functions and services; specifically, operation and maintenance of a signalized intersection and median landscaping, as further identified herein; and WHEREAS, Wylie has the requisite personnel to effectively and efficiently operate and maintain a signalized intersection, including its traffic signals and traffic signal system; and WHEREAS, Murphy has determined that it will be more effective and efficient for Wylie to operate and maintain the designated signalized intersection at McCreary Road and McMillen Drive ("Designated Intersection"), a location within the jurisdictions of Wylie and Murphy; and WHEREAS, in consideration for Wylie operating and maintaining the Designated Intersection, Murphy, pursuant to the terms and conditions set forth in this Agreement, Murphy agrees to maintain all median area landscaping for the area of McCreary Road from East Farm to Market Road 544 to McWhirter Road (collectively, "Designated Medians"); and WHEREAS, Murphy and Wylie deem it to be in the best interest of both Parties to enter into this Agreement; and WHEREAS, Wylie and Murphy have adopted a resolution or ordinance by their respective governing bodies that authorize Wylie and Murphy to enter into this Agreement, which is attached hereto as Attachment "A", and incorporated herein by reference for all purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MURPHY, COLLIN COUNTY, TEXAS, AS FOLLOWS: SECTION 1. The City Council hereby authorizes Mike Castro, City Manager of the City of Murphy, Texas, to execute the Interlocal Cooperation Agreement and scope of services attached hereto as Attachment "A". SECTION 2. This resolution shall become effective from and after its passage. DULY RESOLVED by the City Council of the City of Murphy, Texas, on this 3rd day of March 2020. Resolution Number 20-R-945 - Page 1 of 12 ATTEST: Susie Quinn, City Secretary City of Murphy, Texas APPROVED AS TO FORM: Andrew Messer, City Attorney APPROVED: City of Murphy, Texas kva," E r n Number L 112