R2019-178 201-07-22 RESOLUTION NO. R2019-178
A Resolution of the City Council of the City of Pearland,Texas,authorizing the
City Manager or his designee to enter into an Interlocal Agreement with the
City of Missouri City for Missouri City's purchase of Pearland's Waste Water
Treatment Package Plant for the amount of$2,300,000.00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Interlocal Agreement by and between the City of Pearland and
the City of Missouri City, a copy of which is attached hereto as Exhibit"A"and made a part hereof for
all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest an Interlocal Agreement with the City of Missouri City.
PASSED, APPROVED and ADOPTED this the 22nd day of July, A.D., 2019.
TOM REID
` = MAYOR
ATTEST: ''��''�i►�ii�����``��`•
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MARIA RODRIGUEZ U
INTERIM CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Resolution No.
R2019-178
INTERLOCAL AGREEMENT BETWEEN THE CITY OF MISSOURI CITY, TEXAS,
AND THE CITY OF PEARLAND, TEXAS, FOR THE PURCHASE OF A CERTAIN
WASTEWATER PACKAGE PLANT
This Agreement is made and entered into pursuant to the Interlocal Cooperation Act, Chapter 791
of the Texas Government Code by and between the City of Pearland, Texas (hereinafter,
"PEARLAND"), a municipal corporation of the State of Texas, acting herein by and through its
City Council, and the City of Missouri City (hereinafter, "MISSOURI CITY"), a municipal
corporation of the State of Texas, acting herein by and through its City Council.
WHEREAS, PEARLAND owns a one million gallon per day wastewater treatment
package plant, as specifically described in Exhibit "A," Package Plant Description
(hereinafter, "Package Plant"); and
WHEREAS, PEARLAND no longer needs the Package Plant; and
WHEREAS, PEARLAND has determined that the Package Plant is surplus
property; and
WHEREAS, MISSOURI CITY operates a wastewater treatment system; and
WHEREAS, MISSOURI CITY has a need for additional wastewater capacity and desires
to purchase the Package Plant from PEARLAND;
NOW, THEREFORE, for and in consideration of the foregoing and further consideration
of the mutual promises, covenants and conditions herein, MISSOURI CITY and PEARLAND
(collectively referred to as "Parties") hereby agree as follows:
Section 1. Purpose: The purpose of this Agreement between MISSOURI CITY and PEARLAND
is to effectuate the sale of the Package Plant by Pearland and the purchase of the Package Plat
by Missouri City.
Section 2. Duties and Responsibilities of Pearland
a. PEARLAND agrees to sell and convey all of PEARLAND's right, title, and interest in all
personal property used, equipment or hardware used and/or owned by PEARLAND in connection
with the Package Plant to MISSOURI CITY for the amount of two million and three hundred
thousand dollars ($2,300,000) (the "Payment").
b. PEARLAND agrees to accept the Payment in two (2) one million, one hundred and fifty
thousand dollars ($1,150,000) installments as provided in Section 3 of this Agreement. .
c. PEARLAND agrees to keep and maintain the Package Plant in its current condition until
MISSOURI CITY takes possession of the Package Plant. Further, PEARLAND agrees to notify
MISSOURI CITY within 24 hours if PEARLAND identifies or addresses any damage or
Interlocal Agreement between the City of Missouri City and the City of Pearland for the Purchase of a Certain Package
Plant Page 1 of 4
maintenance issues with the Package Plant before MISSOURI CITY takes possession of the
Package Plant.
Section 3. Duties and Responsibilities of Missouri City
a. MISSOURI CITY agrees to purchase the Package Plant from PEARLAND for two million
and three hundred thousand dollars ($2,300,000).
b. MISSOURI CITY agrees to make the first installment of the Payment, in the amount of
one million, one hundred and fifty thousand dollars ($1,150,000) on or before July 31, 2019 and
the second installment on or before December 31, 2019.
c. MISSOURI CITY agrees to take possession of the Package Plant, on or before December
31, 2019, in "AS IS" condition and without warranty.
Section 4. Insurance and Liability: Each party shall be responsible for its own negligent actions
and the actions or omissions of its employees, officers, volunteers and agents, regardless of
geographical location. Each party shall procure and maintain, at its sole and exclusive expense,
insurance coverage, including comprehensive liability, personal injury, property damage, and
workers compensation, with such limits of coverage and deductibles as are prudent and
reasonable for the protection of itself, its personnel and its equipment. No party hereto shall have
any obligation to provide or extend insurance coverage for any of the services or events resulting
from services or physical equipment required to provide services, as enumerated herein, to any
other party or its personnel.
By this paragraph, neither party waives or relinquishes any immunity from liability, limitation of
liability, or defense on behalf of itself, its officers, employees, volunteers and agents provided by
the Constitution and laws of the State of Texas as a result of its execution of this Agreement and
the performance of the covenants contained herein.
MISSOURI CITY shall not be responsible for any damages due to vandalism, burglary, collision,
or any other act committed by a third party or any natural disaster or occurrence, to any property
owned by PEARLAND in transporting the Package Plant from PEARLAND's possession to
MISSOURI CITY's possession.
Section 5. No Partnership: It is agreed that nothing herein contained is intended nor should be
construed as creating or establishing a relationship of co-partners or partnership between the
Parties, or as creating or establishing the relationship by either party as agent, representative,
or employee of the other party for any purpose, or in any manner, whatsoever.
Section 6. Severability: The provisions of this Agreement are severable. If any paragraph,
section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held to be
invalid or contrary to the law by a court of competent jurisdiction or contrary to any rule or
regulation in the remaining portions of the Agreement, it shall not affect, impair, or invalidate this
Agreement as a whole or any provision hereof not declared to be invalid or contrary to law.
Interlocal Agreement between the City of Missouri City and the City of Pearland for the Purchase of a Certain Package
Plant Page 2 of 4
However, upon the occurrence of such event, either party may terminate this Agreement forthwith
upon the delivery of written notice of termination to the other party.
Section 7. Entire Agreement; Requirement of a Writing: It is understood and agreed that the
entire Agreement of the Parties is contained herein and that this Agreement supersedes all oral
Agreements and negotiations between the Parties relating to the subject matter hereof as well as
any previous Agreement presently in effect between the Parties relating to the subject matter
hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement
shall be valid only when expressed in writing and duly signed by the Parties.
Section 8. Compliance with Laws and Regulations: It is understood that the terms and
conditions of this Agreement are governed by the laws of the State of Texas.
Both Parties shall abide by all statutes, ordinances, rules, and regulations pertaining to, or
regulating the respective obligations of each party herein, including those now in effect and
hereafter adopted. Any violation of said statutes, ordinances, rules or regulations shall constitute
a material breach of this contract, and shall entitle either party to terminate this contract
immediately upon delivery of written notice to the other party.
Section 9. Term: It is expressly understood and agreed that this Agreement is and will be
effective from the date signed by the last party hereto, until the final Package'Plant is delivered to
Missouri City and the final payment due under this agreement is made.
Section 10. Notices:
a. Notice to Pearland shall be sent to: With a copy to:
City of Pearland City of Pearland Public Works Department
Attn: City Manager Attn: Director of Public Works
3519 Liberty Drive 3519 Liberty Drive
Pearland, Texas 77581 Pearland, Texas 77581
b. Notice to the City shall be sent to: With a copy to:
City of Missouri City Missouri City Public Works Department
Attn: City Manager Attn: Utilities Manager
1522 Texas Parkway 1522 Texas Parkway
Missouri City, Texas 77489 Missouri City, Texas 77489
Section 11. Current Revenues and Fair Compensation: Each party understands and agrees
that each party paying for the performance of governmental functions or services under this
Agreement must make those payments from current revenues available to the paying party. If, for
any reason, funds are not appropriated to continue this Agreement in the new fiscal year, said
agreement shall become null and void on the last day on which the funds are appropriated. The
Contract will then be terminated without penalty of any kind or form to MISSOURI CITY.
Interlocal Agreement between the City of Missouri City and the City of Pearland for the Purchase of a Certain Package
Plant Page 3 of 4
By entering into this Agreement, each party hereby declares that any payment furnished under
this Agreement is in an amount that fairly compensates the performing party for the services or
functions performed under this Agreement.
Section 12. Beneficiaries: This Agreement is solely for the benefit of MISSOURI CITY and
PEARLAND and shall not be construed to confer any benefit on any other person except as
expressly provided for herein.
Section 13. Choice of Law and Venue: This Agreement shall be governed by the laws of the
State of Texas, except any conflict of law provisions, with venue in Fort Bend County, Texas. The
Parties hereby consent to such jurisdiction and venue.
Section 14. Assignment: Neither party may assign any rights or obligations under this
agreement without the prior written consent of the other party to the agreement.
EXECUTED this_day of July, 2019.
CI • MISS' S I CITY CITY OF PEARLAND
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Interlocal Agreement between the City of Missouri City and the City of Pearland for the Purchase of a Certain Package
Plant Page 4 of 4
Exhibit "A"
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City of Pearland Reflection Bay Water Reclamation Facility / i —= �• —
1.0 MGD Package Plant s = ;kid► " :: „..,‘,..„
1.0 MGD PACKAGE WASTEWATER TREATMENT PACKAGE PLANT AS LISTED BELOW: ' _ r %-
0 (4)32'Clarifiers complete with internal components and drive unit,with clarifier i - --1-:_ _.1 - -. \$.
control panels. l • 2�,
0 (16) 52'x 12'x 12'2"Aeration basins with qu: : :
k -CO Four two way splitter boxes splitting the floin each of the four ;{ - i �•:
trains. ;� ''.- ..
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'0 All air bridges provided the full length of all(8)sets of aeration tanks- �� ' • i;L.” -- . .Y -•e*- r'+
Drop pipes and diffusers complete with individual ball valves. � {_
0 Interconnecting access bridges with grating,handrail and kick plates in addition -.� a .", �"" ' +4
to the air bridges
0 (4)set of access stairs to the aeration trains ',mow`.ismor'�'`si7.'.�`= jir r 1 -
�'ii (5)Centrifugal blowers with all accessories including local panels _ .'- i J j•
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CD (2) Five Star Disk Filters,with backwash pumps and control panels. , :f.- • — _
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WAS/RAS Tank,stair,and walkway ,,�� !'.'
m Headworks platform,influent splitter and stair x .,_ „,!t -• _4 r
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® Five Star Disk filters,walkway,stair,pumps,and panel -' - +- 1V
® Huber Step Screen Vertical SSV&Wash Press WAP Size 2 _ ' I 1
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September 2018 ,..,,..._ -
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