R2020-074 2020-04-27RESOLUTION NO. R2020-74
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 relocation of a City waterline along County Road 101
(Bailey Road).
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.
PASSED, APPROVED and ADOPTED this the 27th day of April, A.D., 2p20.
TOM REID
MAYOR
ATTE
CRYS AL ROAN, TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
�C'l O F T FXgJ
OG�rY OF BRP�0
CERTIFIED COPY
BRAZORIA COUNTY COMMISSIONERS' COURT
ORDER NO. 6.F.1 RE: INTERLOCAL AGREEMENT WITH THE
CITY OF PEARLAND FOR CR 101
WATERLINE (PRECINCT 2)
Interlocal Agreement with the City of Pearland for the construction of a waterline
within the CR 101 Widening project, pursuant to Texas Transportation Code Sec. 251-
015, and the Interlocal Cooperation Act, Tex. Gov. Code Sec. 79 1 -00 1 et. Sep.;
The County Judge is authorized to sign the above -referenced Interlocal Agreement on
behalf of the County.
A certified copy of this order shall be forwarded to the County Engineer.
RESULT: PASSED BY CONSENT VOTE [UNANIMOUS]
MOVER: Ryan Cade, Commissioner
SECONDER: Donald "Dude" Payne, Commissioner
AYES: Judge Sebesta, Commissioner Payne, Commissioner Cade,
Commissioner Linder
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CERTIFIED COPY - COMMISSIONERS' COURT MAY 26, 2020
STATE OF TEXAS §
COUNTY OF BRAZORIA §
I, Joyce Hudman, Clerk County Court and Ex -Officio Clerk of the
Commissioners' Court of Brazoria County, Texas, do hereby certify that the
foregoing is a true and correct copy of that certain:
ORDER NO. 6.F.1 RE: INTERLOCAL AGREEMENT WITH THE
CITY OF PEARLAND FOR CR 101
WATERLINE (PRECINCT 2)
as passed by the Commissioners' Court on the 26th day of MAY, A.D., 2020, Special
Meeting Term of Commissioners' Court and as the same appear(s) in the
Commissioners' Court Records of Brazoria County, Texas.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 27th DAY OF
MAY, A. D., 2020.
JOYCE HUDMAN, Clerk County Court
and Ex -Officio Member of the Commissioners'
Court of Brazoria County, Texas "'' ••..
T. Reynolds eput p'
ol
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DocuSign Envelope ID: AD67E3B1-1024-4795-9248-B6773674E6FA
RESOLUTION NO. R2020-74
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 relocation of a City waterline along County Road 101
(Bailey Road).
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.
PASSED, APPROVED and ADOPTED this the 271h day of April, X20. {�
TOM REID
MAYOR
AT ;
"L2
CRYS AL ROAN, TRMC, CMC "�QEPRLA
Nd'o,,
CITY SECRETARY
i
APPROVED AS TO FORM;
Q�, JV
DARRIN M. COKER
CITY ATTORNEY
DocuSign Envelope ID: AD67E3131-1024-4795-9248-B6773674E6FA
EXHIBIT A
Resolution No. R2020-74
INTERLOCAL AGREEMENT BETWEEN BRAZORIA COUNTY, TEXAS, AND
THE CITY OF PE, ARLAND, TEXAS, FOR WATERLINE IMPROVEMENTS ALONG
COUNTY ROAD 101 FROM FM 1128 TO CULLEN (PRECINCT 2)
This Interlocal Agreement (this "Agreement") is made effective as of the Effective Date
(as defined below), by and between BRAZORIA COUNTY, TEXAS, acting through its
Commissioner's Court (the "County"), and the CITY OF Pearland , TEXAS, acting
through its Mayor and/or City Manager (the "City"). The City and the County may be referred to
individually as a "Party" and collectively as the "Parties."
WHEREAS, Texas Transportation Code §311.001 authorizes the City to exercise
exclusive control over and under the public highways, streets, and allays of the municipality; and
WHEREAS, The Interlocal Cooperation Act, Texas Government Code § 791.001 el seq.,
authorizes the City to enter into an interlocal agreement with the County subject to the conditions
and limitations of this Agreement; and
WHEREAS, Texas Transportation Code §251.012 provides that with the approval of the
City, the County may spend County money to finance the construction, improvement,
maintenance, or repair of a street or alley in the City, including the provision of County
equipment, materials, and labor as set forth therein; and
WHEREAS, City warrants that it's City Council approved this agreement by Resolution
R2020-74 dated April 27 , 2020 authorizing its Mayor and/or City Manager to execute it on
City's behalf.
WHEREAS, County warrants that its Commissioners' Court approved this agreement by
Court Order No. 6, F. 1, dated 5 126/202-0 , authorizing its County Judge to
execute it on the County's behalf, and specifically approving the Project listed in this Interlocal
Agreement.
NOW, THEREFORE, the County and the City agree as follows:
1. Payments from Current Revenues. Each Party paying for the performance of
governmental functions or services agrees to make those payments from current revenues
available to that paying Party.
2. Term. This Agreement shall commence on the Effective Date and shall terminate
under the conditions set forth herein.
3. Pr_ oiect. Waterline improvements along CR 101 fi-om FM 1128 to Cullen
Boulevard including installation of proposed 12" waterline and all appurtenances and removal of
existing 8" waterline and appurtenances ("Project"),
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4. County's Covenants, County shall be responsible for the following pertaining to
the Project;
a. Development of design of the project;
b. Bid of the project;
C. Perform full-time inspection and provide daily reports during construction
of the project;
d. Management of construction contractor and construction cost including
approval of change orders;
C. Coordinate with City of Pearland during design and construction.
5. City's Covenants. City shall he responsible for the following pertaining to the
Project.
a. Provide review of design plans;
b. Provide review of construction change orders;
c. Provide 100% of the necessary funds for construction including any
approved change orders of the project;
d. Estimated construction cost is $394,782.80;
e. The City will be invoiced in one lump sum once the project is completed.
6. Independent Contractor. The Parties intend that 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. County is not considered an agent or employee of Department.
7. Fair Compensation, The Parties acknowledge and agree that each of the
payments contemplated by this Agreement fairly compensate the performing Party.
8. Termination. At any time and for any reason, either Party may terminate this
Agreement by providing thirty (30) days' written notice of termination to the other Party.
9. +undin . The Parties understand and acknowledge that the funding of this
Agreement is contained in each Party's annual budget and is subject to the approval of each
Party in each fiscal year. The Parties further agree that should the governing body of any Party
fail to approve a budget that includes sufficient funds for the continuation of this Agreement, or
should the governing body of any Party fail to certify funds for any reason, then and upon the
occurrence of such event, this Agreement shall automatically terminate as to that Party and that
Party shall then have no further obligation to the other Party. When the funds budgeted or
certified during any fiscal year by a Party to discharge its obligations under this Agreement are
expended, the other Party's sole and exclusive remedy shall be to terminate this Agreement.
10. No Joint Enterprise. The Agreement is not intended to, and shall not be
construed to, create any joint enterprise between or among the Parties.
11. Venue and Applicable Law. This Agreement is subject to all present and fixture
valid laws, orders, rules, ordinances, and regulations of the United States of America, the State of
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Texas, the Parties, and any other regulatory body having jurisdiction. This Agreement shall be
construed and governed according to the laws of the State of Texas. The sole venue for any
action, controversy, dispute, or claim arising under this Agreement shall be exclusively in a court
of appropriate jurisdiction in Brazoria County, Texas.
12. Public Information. This Agreement is public information. To the extent, if any,
that any provision of this Agreement is in conflict with Texas Government Code Chapter 552 et
seq., as amended (the "Texas Public Information Act"), such provision shall be void and have no
force or effect.
13. No Third -Party Beneficiaries. This Agreement is entered solely by and between,
and may be enforced only by and among the Patties. Except as set forth herein, this Agreement
shall not be deemed to create any rights in, or obligations to, any third parties.
14. No Personal Liability. Nothing in this Agreement shall be construed as creating
any personal liability on the part of any employee, officer, or agent of any Party,to this
Agreement.
15. No Indemnification by City or County. The Parties expressly acknowledge that
the City's and the County's authority to indemnify and hold harmless any third party is governed
by Article XI, Section 7 of the Texas Constitution, and any provision that purports to require
indemnification by the City or the County is invalid. Nothing in this Agreement requires that
either the City or County incur debt, assess or collect funds, or create a sinking fund.
16. Sovereign Immunity Acknowledged and Retained. THE PARTIES
EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO PROVISION OF THIS
AGREEMENT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY ANY
PARTY OF ANY IMMUNITY FROM SUIT OR LIABILITY THAT A PARTY MAY
HAVE BY OPERATION OF LAW. THE CITY AND THE COUNTY RETAIN ALL
GOVERNMENTAL IMMUNITIES.
17. No Assignment. This Agreement shall not be assigned by either Party without the
express written consent of the other Party.
18. Entire Agreement. This Agreement, including the exhibits, contains the entire
agreement between the City and the County pertaining to the project contemplated hereby and
fully supersedes all prior agreements and understandings between the City and the County
pertaining to such transaction.
19. Modification. The Agreement cannot under any circumstance by modified orally,
and no agreement shall be effective to waive, change, modify, or discharge this Agreement in
whole or in pail unless such agreement is in writing and is signed by both the City and the
County.
20. Effeetive Date. The Effective Date of this Agreement shall be the date on which
the second of the two Parties executes this Agreement.
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DocuSign Envelope ID: AD67E3B1-1024-4795-9248-B6773674E6FA
AGREED and SIGNED to be effective as of the Effective Date,
COUNTY:
BRAZORIA COUNTY, TEXAS
CITY:
THE CITY OF PEARLAND, TEXAS
Docuftned by:
By: aff'ia' By: X 41 - llrzl�'
j5'8'jA" a Ahesta, Jr.
Brazoria County Judge Mayor/ it)ypManager
DATED: �/ U te63—r' 2--1)
DATED: May 28, 2020
V
ATTEST:
By: .4
City Secretary ,tie—calcjn
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