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HomeMy WebLinkAboutResolution No. 2012-014 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2012- 6 tit, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE INTERLOCAL COOPERATION AGREEMENT BETWEEN DENTON COUNTY AND THE CITY OF THE COLONY ASSOCIATED WITH WIDENING AND EXPANSION OF MEMORIAL DRIVE; PROVIDING AN EFFECTIVE DATE WHEREAS, The Colony City Council approved Resolution No. 2011-047 on July 19, 2011 approving an Interlocal Cooperation Agreement between the City of The Colony and Denton County for reimbursing the city's local match funding costs associated with the widening and expansion of Memorial Drive from Main Street to Morning Star Drive; and WHEREAS, the First Amendment to said Interlocal Cooperation Agreement authorizes the change in the scope of work for the project; and, WHEREAS, the City Council has determined it to be in the City's best interest to authorize the mayor to execute said First Amendment to the Interlocal Cooperation Agreement between Denton County and the City of The Colony, attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Council of the City of The Colony, Texas hereby authorizes the mayor to execute the First Amendment to the Interlocal Cooperation Agreement between Denton County and the City of The Colony, attached hereto as Exhibit "A". Section 2. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 7th day of February, 2012. Z Jo McC r ayor ity of The olony, Texas ;i ATTE 0 Christie Wilson, TRMC, City Secretary APPROVED AS TO FORM: VO Jeff Moore„ ity Attorney THE STATE OF TEXAS ) COUNTY OF DENTON ) FIRST AMENDED INTERL.OCAL. COOPERATION AGREEMENT BETWEEN THE CITY OF THE COLONY. TEXAS AND DENTON COUNTY. TEXAS THIS Interlocal Cooperation Agreement ("AGREEMENT") is made and entered into by and between Denton County, Texas, a political subdivision of the State of Texas, hereinafter referred to as the "COUNTY," and the City of The Colony, a political subdivision located within Denton County, Texas, duly organized and authorized under the laws of the State of Texas, hereinafter referred to as the "CITY." WHEREAS, the COUNTY is a duly organized and political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County, Texas; and WHEREAS, the CITY is a duly organized political subdivision in Denton County, Texas engaged in the administration of CITY government and related services for the benefit of the citizens of the area serviced by the CITY: and WHEREAS, the COUNTY and the CITY intend to enter into this AGREEMENT pursuant to the provisions of Texas Government Code, Chapter 791, "Interlocal Cooperation Act" which provides authorization for any local government to contract with one or more local governments for the purpose of performing governmental functions and services under the terms of the Act; and WHEREAS, the "State Highway 121 Funding Strategy" MEMORANDUM OF UNDERSTANDING', hereinafter referred to as "MOU", has been executed and outlines the I That certain "MEMORANDUM OF UNDERSTANDING- S.H. 121 Funding Strategy" by and between Texas Department of Transportation, North Central Texas Council of Governments, Denton County, Collin County, City of The Colony, City of Carrollton, City of Coppell, City of Lewisville, City of Plano, City of Grapevine and City of Frisco, was executed March 24, 2005. Article I "Near Neighbor Near Timeframe Policy" addresses in the "De-federalization of Projects" Section and The "City of The Colony" Section funding availability for eligible projects. This PROJECT is an eligible project under the "City of The Colony" Section. Amendment to the ICA - The Colony - Memorial Drive Page 1 of 7 duties, obligations and agreements between the Parties concerning the construction of State Highway 121 as an electronic toll facility from the southern end of State Highway 121 Bypass at Denton Creek generally eastward to the Dallas North Tollway and includes funding agreements for certain projects. ARTICLE I "Near Neighbor Near Timefr~ame Policy" of the MOU enumerates local projects that become eligible for funding based upon reprioritization of the $18.25 million of Denton County commitments to federal projects pursuant to "De-federalization of Proiects". PARAGRAPH 2 of "De-federalization of Projects" delineates how the $18.25 million is dedicated to certain enumerated local projects of the City of The Colony; and WHEREAS, the COUNTY and the CITY did agree to and are signatory of that certain MEMORANDUM OF UNDERSTANDING, "State Highway 121 Funding Strategy" wherein in ARTICLE I, "Near Neighbor Near Timef ame Policy", SECTION 3 "De-federalization of Projects". PARAGRAPH 2 thereof provides that the extension and improvement Memorial Drive is an enumerated project to be funded by Denton County: "Memorial Drive (three sections)... totaling $4.75 million; " and WHEREAS the CITY proposes to improve and widen Memorial Drive from Main Street to Morning Star Drive as a six-lane divided roadway, including related design, engineering, inspection fees, right-of-way acquisition, drainage, utility improvements, signalization, associated street illumination, necessary landscaping, and costs associated therewith, which is hereinafter referred to as the "PROJECT," and WHEREAS, based upon approval of final design and construction plans for the PROJECT and acceptance thereof, the CITY intends to build and construct the project; and WHEREAS, Denton County did acknowledge in the MOU (ARTICLE I, "City of The Colony" Section) and has agreed to fund, as an enumerated local project, those certain improvements and enhancements to Memorial Drive within the municipal limits of the CITY; and WHEREAS, the PROJECT to improve and widen Memorial Drive from Main Street to Morning Star Drive as a six-lane divided roadway, including related design, engineering, inspection fees, right-of-way acquisition, drainage, utility improvements, signalization, associated street illumination, necessary landscaping and costs associated therewith are enumerated local projects Amendment to the ICA - The Colony - Memorial Drive Page 2 of 7 agreed to among the participating entities and encompassed within the MOU that was executed and agreed to by the Parties, March 24, 2005; and NOW, THEREFORE, the COUNTY and the CITY, for the mutual consideration hereinafter stated, agree and understand as follows: I. This AGREEMENT becomes effective when signed by the last party whose signing makes the respective agreements fully executed. II. The CITY and the COUNTY hereby agree that the scope of the PROJECT is to improve and widen Memorial Drive from Main Street to Morning Star Drive as a six-lane divided roadway, including related design, engineering, inspection fees, right-of-way acquisition, drainage, utility improvements, signalization, associated street illumination, necessary landscaping, and costs associated therewith within the city limits of the CITY. The PROJECT costs are currently estimated to be ONE MILLION NINE HUNDRED THOUSAND ONE SIX HUNDRED THIRTY- SEVEN AND NO/100 DOLLARS ($1,901,637.00) which includes, but is not limited to, construction (including environmental clearance) and plans, specifications, and estimates ("PS&E"). III. The COUNTY agrees to contribute and fund ONE MILLION NINE HUNDRED THOUSAND ONE SIX HUNDRED THIRTY-SEVEN AND NO/100 DOLLARS ($1,901,637.00) for the completion of the PROJECT. The CITY will utilize generally accepted accounting principles (GAAP) to adequately record expenditures associated with the PROJECT, which will be included in the CITY's annual audit, until completion of the PROJECT. Documentation of expenditures will be available to the COUNTY, or their Auditor, upon request. The City shall submit all invoices for reimbursement to the Denton County Auditor, James Wells, 401 W. Hickory Street, Suite 423, Denton, Texas 76201, and at the same time, submit a copy of all invoices to Mr. John Polster, c/o Innovative Transportation Solutions, Inc., 2701 Valley View Lane, Farmers Branch, Texas 75234. The invoices shall be submitted on a monthly basis and the County shall reimburse the City, based on the relative funding obligations of the Parties, for all approved expenses related to the Project within thirty (30) calendar Amendment to the ICA - The Colony - Memorial Drive Page 3 of 7 days of receipt of an invoice from the City, provided that all expenditures are made in a manner which is consistent with the terms of this Agreement. Upon satisfactory completion of the Project, the County and the City shall prepare and complete a full audit of the Project. Said amount to be paid by the COUNTY to the CITY for the PROJECT shall not exceed ONE MILLION NINE HUNDRED ONE THOUSAND SIX HUNDRED THIRTY-SEVEN AND NO/100 DOLLARS ($1,901,637.00). Any amount of the ONE MILLION NINE HUNDRED ONE THOUSAND SIX HUNDRED THIRTY- SEVEN AND NO/100 DOLLARS ($1,901,637.00) not expended by the CITY on this PROJECT shall remain available for related costs or additional local projects enumerated in the MOU referenced herein. IV. The CITY will oversee the construction and acceptance of the PROJECT. The CITY shall acquire and oversee all necessary environmental documentation, preliminary engineering and plans, specifications, and estimates (PS&E). V. The CITY understands and agrees that the CITY, its employees, servants, agents and representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of the COUNTY. VI. The COUNTY understands and agrees that the COUNTY, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agent and/or representatives or the CITY. VII. The COUNTY agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all COUNTY employees and agents, subcontractors, and/or c o n t r a c t laborers, and for those of all other persons doing work under a contract or agreement with the COUNTY. VIIl. The CITY agrees to and accepts full responsibility for the acts, negligence and/or omissions Amendment to the ICA - The Colony - Memorial Drive Page 4 of 7 of all CITY employees and agents, subcontractors and/or contract laborers and for those of all other persons doing work under a contract or agreement with the CITY. IX. This AGREEMENT is not intended to extend the liability of the parties beyond that provided by law. Neither the COUNTY nor the CITY waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims made by third parties. X. This AGREEMENT represents the entire agreement between the COUNTY and the CITY and supersedes all prior negotiations, representations and/or agreements, either written or oral for the PROJECT defined herein. This AGREEMENT may be amended only by written instrument signed by the governing bodies of both the COUNTY and the CITY, or those authorized to sign on behalf of those governing bodies. COUNTY and CITY acknowledge this Amendment to the AGREEMENT to fund other direct costs associated with the PROJECT, not otherwise provided for, may be considered. Xl. The validity of this AGREEMENT and of any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. Further, this AGREEMENT shall be performable in Denton County, Texas. XII. 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 shall remain valid and in full force and effect to the fullest extent possible. XIII. The undersigned officer 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. Amendment to the ICA - The Colony - Memorial Drive Page 5 of 7 XIV. Pursuant to Texas Government Code §791.011, the Parties hereto agree that the purpose of this AGREEMENT is to ensure that certain governmental functions and services in the area of streets, roads, utilities and drainage are performed. The parties hereto further agree that each of them is authorized to perform the functions and services individually. XV. This AGREEMENT is not intended to extend the liability of the parties beyond that provided for by law. Neither the COUNTY nor the CITY waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising by third parties. r1 Executed in triplicate originals this ~day of 201 DENTON COUNTY, TEXAS CITY OF THE COLONY 110 West Hickory, 2ND Floor 6800 Main Street Denton, T16201 The Colon Texas 75056 00, By: °4. , By: Honorable Mary Horn' Hono able Joe McC rry Denton County Judge May r of the City of The Colony, Teelty Acting by and on behalf of the authority Act g by and on behalf of the autho the Denton County Commissioners Court of the City of The Colony, Texas ATTEST: ATT~ By: By: Denton County e City 'Secretary 0 APPROVED AS TO FORM: APPR VED AS O 2 ~ By: ~ - By Assistan D trict Attorney City Attorney COUNTY AUDITOR'S CERTIFI ATE I hereby certify that funds will be available to accompl' nd p y the obligation of Denton County, Texas, under this Agreement. Dento ty Auditor Amendment to the ICA - The Colony - Memorial Drive Page 6 of 7 APPROVAL OF FIRST AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT BETWEEN DENTON COUNTY, TEXAS, AND THE CITY OF THE COLONY, TEXAS Denton County, Texas, acting by and through the Denton County Commissioners Court, having been advised of the Project, with a total cost of completion to Denton County in an amount which shall not exceed ONE MILLION NINE HUNDRED ONE THOUSAND SIX HUNDRED THIRTY-SEVEN AND NO/100 DOLLARS ($1,901,637.00) 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 type of Project to be undertaken and its location is to improve and widen Memorial Drive from Main Street to Morning Star Drive as a six-lane divided roadway, including related design, engineering, inspection fees, right-of-way acquisition, drainage, utility improvements, signalization, associated street illumination, necessary landscaping, and costs associated therewith within the city limits of the City of The Colony. The local government which requested the PROJECT with which the County of Denton has contracted is the City of The Colony. By vote on this date, the Denton County Commissioners Court has approved the Project identified above and authorized execution of this document by the presiding officer on behalf of Denton County, Texas. Date: Presiding Officer of the Denton County. Commissioners Court Amendment to the ICA - The Colony - Memorial Drive Page 7 of 7