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R2002-0117 08-12-02 RESOLUTION NO. R2002-117 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 BRAZORIA COUNTY FOR THE CONSTRUCTION, IMPROVEMENT, MAINTENANCE, AND REPAIR OF DESIGNATED STREETS OR ALLEYS WITHIN THE CITY OF PEARLAND. 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 Brazoria County, 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 the interlocal agreement with Brazoria County for the construction, improvement, maintenance, and repair of designated streets or alleys within the City of Pearland. PASSED, APPROVED and ADOPTED this the 12 dayof August , A.D., 2002. ATTEST: APPROVED AS TO FORM: DARRIN M. COI~ER CITY ATTORNEY TOM REID MAYOR Exhibit "A" R2002-'i 'i 7 THE STATE OF TEXAS § COUNTY OF BRAZORIA § INTERLOCAL AGREEMENT This agreement is made at Angleton, Brazofia County, Texas between BRAZORIA COUNTY, TEXAS acting through its Commissioners' Court (hereinafter "County"), and THE CITY OF PEARLAND, TEXAS, acting through its Mayor (hereinafter "City"). NOW THEREFORE, THE COUNTY AND THE CITY agree as follows: 1.0 The term of this agreement shall be from October 1, 2002, to September 30, 2003. The AGREEMENT may be renewed annually by the written approval of County and City. 1.1 Pursuant to the Inteflocal Cooperation Act, Texas Government Code, Chapter 791 and the Texas Transportation Code, Section 251.012, the County agrees to provide personnel and equipment at its own expense to assist in the construction, improvement, maintenance and/or repair of a street or alley located within the corporate limits of the City of Pearland, Texas, subject to the approval of the County Engineer as set forth in Section 1.3, including subgrade preparation, base preparation, asphalt paving, culverts and ditch work, herbicide spraying, mowing, painting and striping roads, installation of permanent traffic signs, and other routine road maintenance operations. Any work performed on the City's streets and alleys which are not an integral part of, or a connecting link to, other roads and highways is allowed if such work is determined to be a benefit to the County by Commissioners Court. The City will provide materials for these projects. All such materials shall be paid for by the City, and may be purchased through the County's suppliers, The City shall reimburse the cost of any work performed or obtained by the County, which is determined to be beyond the scope of this agreement, to the County. 1.2 The county work authorized by this AGREEMENT may be done: (1) By the County through use of county equipment; (2) By an independent contractor with whom the County has contracted for the provision of certain services and materials, conditioned on the City providing a purchase order to such independent contractor for the full amount of such services or materials. 1.3 During the term of this AGREEMENT when County work is requested, the Mayor of the City shall submit a request in writing to the County Engineer. The County Engineer and the Mayor of the City shall agree in writing as to the location and type of assistance to be provided pursuant to this AGREEMENT. It is expressly understood between the parties that the County shall have no authority or obligation to provide any service or work on any city street or alley not so agreed to in writing. The County Engineer is authorized to sign an acceptance statement for each project at the appropriate time and authorize the work subject to be completed as the Road and Bridge Department schedules permit. 1.4 The parties intend that the County in performing such services shall act as an independent contractor and shall have control of the work and the manner in which it is performed. The County shall not be considered an agent, employee, or borrowed servant of the City. 1.5 For and in consideration of the above agreement by the County, the City agrees to provide all warning and safety signs and other safety protections as required when such work is being performed by the County. 1.6 The parties further agree that such work and materials are provided by the County without warranty of any kind to the City or any third party, and that the County has no obligation to provide any supplemental warranty work after a project's completion. The City agrees to provide any engineering or design work required for work done pursuant to this agreement. II. 2.0 To the extent authorized by law, the City hereby agrees to hold harmless the County, its officers, agents and employees from any and all loss, damage, cost demands or causes of action of any nature or kind for loss or damage to property, or for injury or death to persons, arising in any manner from the performance of the above-referenced work. 2.1 Payment for services or materials under this agreement shall be payable from current revenues available to the paying party. III. 3.0 Either party may terminate this agreement upon thirty- (30) days written notice to the other party. 3.1 Nothing herein shall be construed to make either party a purchaser or consumer of goods or services from the other. 3.2 Nothing herein shall be construed to create any rights in third parties. SIGNED AND ENTERED this the __ ,2002. day of ~ BRAZORIA COUNTY, TEXAS By: ~ge CITY OF PEARLAND, TEXAS GERALD L ROBERTS, P E COUNTY ENGINEER BRIAN COURTS, P E ASSISTANT COUNTY ENGINEER BRAZORIA COUNTY 200 EAST LOCUST, ROOM 10 ANGLETON, TEXAS 77515 July 11, 2002 Tom Reid, Mayor City of Pearl'und 3519 Liberty Drive Pearland, TX 77588 5416 Re: Interlocal Agreement Fiscal Year 2003 Dear Mayor Reid: (979) 864-1265 ANGLETON (281) 756-1265 HOUSTON (979) 864-1270 FAX Enclosed, please find two copies of the interlocal agreement covering construction, improvement, maintenance or repair activities on streets or alleys within your municipality during Brazori•i County's Fiscal Year 2003, which begins October 1, 2002 Upon Zpproval of the interlocal agreement by action of your City Council, please have youu Mayor sign one copy and return it to my office. Also, we are asking you to fill out the enclosed Interlocal Agreement Project Request Summary listing all the projects for which you 'ire requesting the County's assistance this fiscal year. Again, it is very important to me for our Superintendent to be involved in the negotiation and planning process with your Administration as to some level of work the County can accomplish for you. Work under this interlocal agreement must be initiated as a result of a written request by your Mayor, following which Commissioners Court must determine if the county will receive benefits as a result of the work requested If so, the work can be completed as quickly as our Road Superintendent is able to schedule the work in cooidination with other projects rind commitments. This year, we have provided a place on the enclosed Interlocal Agreement Project Request Summary for the Mayor to sign for work requested. Please do not send a written letter request for streets' listed on this form. If unexpected projects come up during the ) ear, please follow the same process of involving our 1ppropruate Service Center Road Superintendent prior to submitting a written request to my office, with the exception of culverts. It is not necessary to involve the Superintendent in the planning process for driveways to be set, hove\ er, in order to better serve your needs, please provide a name and phone number of the person requesting the culverts. The area should be staked out with culverts on site. The County will assist in spreading materiell providing it is on site prior to our arrival to perform the work. If you have any questions, please contact Sherri Thomas in my office. Gerald L. Roberts, P E County Engineer GR/st. Encl.