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09-C PJC Cooperative AgmtAGENDA INFORMATION SHEET PROJECT: Approval of a new intergovernmental cooperation agreement between the City ofParis and Paris Junior College. BACKGROUND: As the City Council is aware, the City of Paris and Paris 7unior College have had a long standing history of cooperation to the mutual benefit of each governmental entity and the constituents and citizens they serve. Currently, the City and the College cooperate pursuant to an interlocal agreement between the two entities effective August of 1997. That agreement has expired, and as a matter of formality, the City and the College should enter into a new agreement on essentially the same terms as the previous one. Changes have been made to the agreement to reflect changes in the Interlocal Cooperation Act, Chapter 791, of the Government Code; otherwise, the agreement between the two parties remains essentially the same as it has been for the last five years. This agreement has been discussed with President Bobby Walters of Paris Junior College, and President Walters supports renewal of the agreement. DESCRIPTION: The proposed agreement incorporates essentially the same terms as the previous agreement between the two entities, providing for the City and the College to participate in the performance of services mutually beneficial to the other, at cost. Where appropriate, the cost of these services are offset by the exchange of other services with the other entity; if there is an excess of cost to one or the other parties, the paying party is billed for any excess. COST: The only costs to the City are reimbursement of any costs actually incurred by the College in providing services, unless the City provides an exchange of services, in which case there would be no cost. RECOMMENDED ACTION: Consideration of the resolution approving the agreement. STAFF CONTACT: City Attorney Larry Schenk and City Manager Michael E. Malone SCHEDULE: The agreement would be effective beginning September 1, 2002, and continue in effect for five consecutive one-year terms, ending on August 31, 2007. COUNCII, DATE: Consider for approval at City Council's September 9, 2002, regular Council meeting. ADDITIONAL MATERIALS: See enclosed resolution and accompanying agreement for approval. DRAFT J:\Attorney\ALICE\RESWORK\CiJRRENT\PJGCoop Agr 2002 Res.wpd September 6, 2002 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING AN INTERLOCAL COOPERATION AGREEMENT FOR SERVICES BY AND BETWEEN THE CITY OF PARIS AND PARIS JUNIOR COLLEGE TO PERPETUATE AND CONTINUE AN ONGOING SUCCESSFUL CONTRACTUAL ARRANGEMENT BETWEEN THE CITY AND THE COLLEGE FOR THE SHARING OF SERVICES BETWEEN THE TWO GOVERNMENTAL ENTITIES TO THE MUTUAL BENEFIT OF BOTH; 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 Junior College, to participate in interlocal cooperation contracts; and, WHEREAS, Chapter 791.001 of Chapter 791 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 Junior College have had a long history of working cooperatively to the mutual benefit of each entity; and, WHEREAS, by adoption of Resolution No. 97-090 on August 11, 1997, the City Council of the City of Paris acknowledged receipt of a request from Paris Junior College for an exchange of services between the two entities, and authorized an interlocal cooperation agreement in furtherance of said exchange of services to the mutual benefit of each entity; and, WHEREAS, the aforesaid agreement between the two entities has recently expired, and the City of Paris and Paris Junior College desire to enter into a new agreement on essentially the same terms and conditions as the prior agreement, to perpetuate the mutually successful and beneficial agreement between the two entities; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, 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 Mayor is hereby authorized to execute and the City Clerk to attest to an Interlocal Cooperation Agreement for Services, a copy of which is attached hereto and for all purposes incorporated herein as Exhibit A, by and between the City of Paris and Paris Junior College to perpetuate and continue an arrangement of mutually beneficial services between the two entities under the terms and conditions as set out in said agreement. Section 3. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 9th day September, 2002. Michael J. Pfiester, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney INTERGOVERNMENTAL COOPERATIVE AGREEMENT FOR SERVICES STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR § RECITALS WHEREAS, Chapter 791 ofthe Texas Government Code authorizes local governmental entities, such as the City of Paris and Paris Junior College, to participate in interlocal cooperation contracts; and, WHEREAS, Chapter 791.001 of Chapter 791 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 Junior College have had a long history of working cooperatively to the mutual benefit of each entity; and, WHEREAS, by adoption of Resolution No. 97-090 on August 11, 1997, the City Council of the City of Paris acknowledged receipt of a request from Paris Junior College for an exchange of services between the two entities, and authorized an interlocal cooperation agreement in furtherance of said exchange of services to the mutual benefit of each entity; and, WHEREAS, the aforesaid agreement between the two entities has recently expired, and the City of Paris and Paris Junior College desire to enter into a new agreement on essentially the same terms and conditions as the prior agreement, to perpetuate the mutually successful and beneficial agreement between the two entities. AGREEMENT THAT, the CITY OF PARIS, PARIS, TEXAS, a municipal corporation, acting by and through its Mayor, Michael J. Pfiester, duly authorized, hereinafter called CITY, and PARIS JLTNIOR COLLEGE, acting by and through its President, Bobby Walters, duly authorized, hereinafter called PJC, do hereby contract and agree as follows: -1- CITY and PJC agree to perform services for the other, at cost. Such services shall include any service which can be performed or any accommodation which can be provided by each respective entity or any other service agreed upon by the parties. 2. The cost of any such services performed by one entity shall be offset by the other entity providing services equaling a like sum. Each entity shall bill the other for any excess amounts as agreed; furthermore, each party paying for the performance of governmental functions or services shall make said payments from current revenues available to the paying party. This agreement shall continue in full force and effect for a period of five (5) consecutive one (1) yearterms, commencing on September 1, 2002, and renewing annually thereafter on September 1 of each year, ending on August 31, 2007. 4. CITY and PJC have the right to unilaterally terminate this agreement at any time. In the event of unilateral termination of this agreement by either party hereto, such amounts still owing shall be paid in full within thirty (30) days of cancellation hereof. EXECUTED on the dates shown in the acknowledgments below. CITY OF PARIS By: Michael J. Pfiester, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney PARIS JUNIOR COLLEGE By: Bobby Walters, President -2- ATTEST: Secretary STATE OF TEXAS COUNTY OF LAMAR BEFORE ME, the undersigned authority, on this day personally appeared Michael J. Pfiester, Mayor of the City of Paris, 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 9th day of September, 2002. Notary Public, State of Texas STATE OF TEXAS § § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, on this day personally appeared BOBBY WALTERS, President of Paris Junior College, known to me to be the person whose name 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 September, 2002. Notary Public, State of Texas -3-