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2008-031-RES-Authorizing and approving an interlocal cooperation agreement by and between the city of Paris and the PISD to share costs on o lightning detection systemRESOLUTION N0. 2008-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AND APPROVING AN INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF PARIS, TEXAS AND THE PARIS INDEPENDENT SCHOOL DISTRICT TO SHARE COSTS ON A LIGHTNING DETECTION SYSTEM TO BE LOCATED AT OR ABOUT THE PROPOSED NEW PARIS HIGH SCHOOL CAMPUS AND THE CITY'S LOVE CIVIC CENTER AND DRAGON PARK COMPLEX; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Chapter 791 of the Texas Government Code authorizes local governmental entities, such as the City of Paris and Paris Independent School District, to participate in interlocal cooperation contracts; and, WHEREAS, Section 791.001 of Chapter 791 of the of the Texas Government Code establishes as a matter of state policy cooperation by local governments to increase the efficiency and effectiveness of local governments, thereby permitting governments to share services, equipment, resources, and generally participate in arrangements mutually beneficial not only to the governmental entities themselves, but to the citizens and constituents they serve; and, WHEREAS, the City of Paris and Paris Independent School District have had a long history of working together cooperatively to the mutual benefit of each entity; and, WHEREAS, City of Paris and Paris Independent School District desire to enter into an Interlocal Cooperation Agreement to share costs for lightning detection units to be located on or about the proposed new Paris High School Campus and the City's Civic Center and Dragon Park Complex on the terms and conditions described substantially in accordance with the form attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1, That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the City Council of the City of Paris does hereby approve an Interlocal Cooperation Agreement with the Paris Independent School District to share costs for lightning detection units to be located on or about the proposed new Paris High School Campus and the Love Civic Center and the City's Dragon Park Complex under the terms and conditions as set out in said agreement a copy of which is attached hereto and for all purposes incorporated herein as Exhibit A, Section 3. That the City Manager be, and he is hereby authorized to execute any and all documents needed to implement this Agreement under the terms and conditions as shown in Exhibit A, attached hereto. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 14th day April, 2008. ATTEST: . J ice Ellis, City Clerk APPROVED AS TO FORM: esse Jam s Freelen, Mayor W. Kent McIlyar, City Attorney INTERLOCAL COOPERATION AGREEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR § This Interlocal Cooperation Agreement ("Agreement) is entered into by and between the City of Paris, Texas ("CITY") and the Paris Independent School District ( PISD effective as of the _ day of 2008. WITNESSETH: WHEREAS, Chapter 791 of the Texas Government Code authorizes local governmental entities, such as the City s for the urpose o performsng govDernmental enter into interlocal cooperation cont act P functions and services; and, WHEREAS, Section 791.001 of Chapter 791 of the Texas Government Code encourages, as a matter of state policy, cooperation between local governments to increase the efficiency and effectiveness of local governments, by authorizing therrt to contract with one another to share services, equipmet t the eS ntt ies themselves but to arrangements mutually beneficial, not only gOVernmental e the citizens and constituents they serve; and, WHEREAS, preserving and protecting the health and safety of the students, teachers inistrators of the City of and administrators of PISD and the citizens, em and the CITY. Paris, Texas is a governmental function of both P SD WHEREAS, the City of Paris and Paris Independent School District desire to enter g into an Interlocal Cooperation Agreement ("Agr~o' Paris H gh S hool1Campus, detection sys te m t o b e l o c a t e d o n o r a b o u t t h e p posed new the Love Civic Center and Dragon Park Complex. NOW, THEREFORE, in consideration of the promises and mutual covenants contained herein, the parties agree as follows: 2008 and shall have an initial 1. This Agreement shall be effective term of 12 months, ending one year from the effective date herein; thereafter this Agreement shall automatically renew for successive 12 month terms until such time that this Agreement is terminated on 30 days written notice by either party. Any costs, fees or expenses incurred up through the date of termination of the Agreement shall be the shared responsibility of the parties as set out herein. -1- EXHIBIT ,.Q 2, The CITY agrees to contract with a mutually agreeable Vendor of lightning detection system units to provide as many lightning detection units as are required by CITY and PISD to cover the area around the proposed site for the new PISD High School and the City's Love Civic Center and Dragon Park Complex. 3. The CITY and PISD agree that Paris Fire Station No. Four, 2010 SE 24th Street, Paris, Texas, shall serve as the equipment center for locating all necessary electrical, digital, mechanical or wireless equipment that Vendor deems necessary to connect and/or operate the lightning detection system. 4. The CITY and PISD agree to share all costs, fees and expenses connected with the lightning detection system equally fifty percent (50%) each. The CITY shall serve as the primary contact for Vendor and all bills or invoices from Vendor shall be directed to the Ciry of Paris, P. 0. Box 9037, Paris, Texas 75461-9037. Upon receipt and approval of a vendor inT tolthe C TYf on alloinvoices invoice received from vendor. PISD shall make Payment received within thirty (30) days of receipt of invoice from the CITY. 5. The CITY and PISD agree to be responsible for their own acts of negligence or wrongdoing related to the performance of this Agreement, if any, and to the extent allowed by law, and without waiving their sovereign or governmental immunity or other rights or protections under the a 1 c from suchbnegl gencebor for any claims, damages, lawsuits or fees that mY arie wrongful acts and relating to or arising from this Agreement. This obligation must be construed for the benefit of the parties hereto, and not for the benefit of any third parties, nor to create liability for the benefit of any third parties, nor to deprive the parties hereto of any defenses each may have as against third parties under the laws and court decisions of the State of Texas or any other jurisdiction. 6. Any notice required by this Agreement shall be in writing and may be geyvered in person or by certified mail, return receipt requested, addressed accordin 1 CITY . PISD City Clerk Paul Trull City of Paris Superintendent P. 0. Box 9037 Paris Independent School District Paris, TX 75461-9037 1920 Clarksville St. Paris, TX 75460 EXECUTED on the dates shown in the acknowledgments below. CITY OF PARIS, TEXAS By: Kevin Carruth, City Manager -2- ATTEST: Janice Ellis, Ciry Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney PARIS INDEPENDENT SCHOOL DISTRICT By: Paul Trull, Superintendent ATTEST: Secretary STATE OF TEXAS ) ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authoriry, on this day personally appeared Kevin Carruth, City Manager of the City of Paris, Texas, known to me to be the person whose same is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of April, 2008. Notary Public, State of Texas -3- STATE OF TEXAS § § COUNTY OF LAMAR § BEFORE ME, the undersigned autho cihool Dist ict~known to me to be the person Trull, Superintendent of Paris Independent S whose name is subscribed to the foregn d cons derationdthere n acknowledged ed a din t e he/she executed the same for the purpo es a capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of April, 2008. Notary Public, State of Texas -4-