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R2005-0139 09-12-05 RESOLUTION NO. R2005-139 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 ROAD MAINTENANCE AND REPAIR. 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 an interlocal agreement with Brazoria County for road maintenance and repair. PASSED, APPROVED and ADOPTED this the 12th day of September A.D., 2005. ~~~~ TOM REID MAYOR ATTEST: APPROVED AS TO FORM: 6~ a1- DARRIN M. COKER CITY ATTORNEY Exhibit "A" Resolution 2005-139 THE STATE OF TEXAS 9 9 COUNTY OF BRAZORIA 9 INTERLOCAL AGREEMENT This agreement is made at Angleton, Brazoria 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 agrees as follows: 1.0 The term of this agreement shall be from October 1, 2005, to September 30, 2006. The AGREEMENT may be renewed annually by the written approval of County and City. 1.1 Pursuant to the InterIocal 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 PearIand, Texas, subject to the approval of the County Engineer as set forth in Section 1.3, including sub grade 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) day's 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 13th day of September By: ,2005. :;:rLXAS By: Mayor, Tom Rei d ATTEST: ~d~Orfing TRMC MATTHEW HANKS, P.E. ASSISTANT COUNTY ENGINEER (979) 864-1265 ANGLETON (979) 388-1265 CLUTE (281) 756-1265 HOUSTON (979) 864-1270 FAX GERALD L. ROBERTS, P.E. COUNTY ENGINEER KEVIN SHERRODD, P.E. ASSISTANT COUNTY ENGINEER BRAZORIA COUNTY 451 N VELASCO, SUITE 230 ANGLETON, TEXAS 77515 August 24, 2005 Tom Reid, Mayor City of Pearland 3519 Liberty Drive Pearland, TX 77581-5416 Re: Interlocal Agreement Fiscal Year 2006 Dear Mayor Reid: Enclosed please find two "original" copies of the interlocal agreement approved by Commissioner's Court and signed by Brazoria County Judge John Willy. This agreement covers construction, improvement, maintenance, or repair activities on streets or alleys within your municipality during Brazoria County's Fiscal Year 2006, which begins October 1, 2005. Upon approval of the interlocal agreement by action of your City Council, please have your Mayor sign and return one "original" (with both parties' signatures) to my office by September 30, 2005. In addition, we are asking you to fill out the enclosed Project Request Summary, listing all street and alley projects for which you are requesting the County's assistance this fiscal year. Each request submitted requires the approval of your Mayor. It is very important for our Superintendent to be involved in the negotiation and planning process with your City to determine the level of work the County can accomplish for you. Please return this list as soon as possible. We encourage you to consider that the County would prefer to do only overlays for "road construction". We already have this verbal agreement with Alvin, Angleton, Lake Jackson, and Pearland. Application of sub-base, base, and stabilization of road materials is quite time consuming and ties up many of our resources needed for other projects. The County Road and Bridge Act authorizes commissioners court to expend county funds and utilize county equipment to do road and street work within incorporated cities and towns, provided the governing body of the city or town consents. Therefore, work under this interlocal agreement must be initiated by submitting a written request signed by your Mayor to the Engineer's Office. If such work is determined to be a benefit to the County by Commissioners Court, work will be performed as quickly as our Road Superintendent is able to schedule in coordination with other projects and commitments. If unexpected projects come up during the year, please follow the same process of involving our appropriate Service Center Road Superintendent prior to submitting a written request to my office. FY 2006 Interlocal Agreement Cover Letter Page 1 of 2 It is not necessary to involve the Superintendent in the planning process for driveways to be set or pothole patching. However, in order to serve your needs, please list name and contact number of the person requesting the work. Culverts should be on site with area staked out. The County will assist in spreading material providing material is on site prior to our arrival to perform the work. If you have any questions, please contact Sherri Stanford, our Interlocal Agreements Coordinator, in the Engineering office. Sincerely, i()"t) lihiv'r- Gerald L. Roberts, P.E. County Engineer GR/ss Encl. FY 2006 Interlocal Agreement Cover Letter Page 2 of 2