HomeMy WebLinkAboutR2021-097 2021-05-10RESOLUTION NO. R2021-97
A Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter into an Amended Interlocal
Agreement with the Brazoria County Toll Road Authority regarding law
enforcement and Public Safety Activities.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Amended Interlocal Agreement by and between the City of
Pearland and the Brazoria County Toll Road Authority, 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 Amended Interlocal Agreement with the Brazoria County Toll
road Authority.
PASSED, APPROVED and ADOPTED this the 10th day of May, A.D., 2021.
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EVIN COLE
AYO R
CR TAL ROAN, TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
PEARLANI] -
BRAZORIA COUNTY TOLL ROAD AUTHORITY
INTERLOCAL AGREEMENT
CONCERNING LAW ENFORCEMENT AND PUBLIC SAFETY ACTIVITIES
This Agreement is made between the CITY OF PEARLAND, a municipal body politic,
acting through its City Council (the "City") and BRAZORIA COUNTY TOLL ROAD
AUTHORITY ("BCTRA"), a local government corporation created pursuant to and authorized
by chapter 43 I, subchapter D of the Texas Transportation Code, acting through its Board.. City and
BCTRA may collectively be referred to as the "Parties".
RECITALS:
A. This Agreement is made pursuant to Texas Government Code section 791.011 in
that it contemplates the furnishing of governmental functions and services between the parties as
defined by Texas Government Code subsections 791.003(3)(A) and (N).
B. Each party agrees that any payments for the performance ofgovernmental functions
or services shall be from current revenues available to the paying party and further that such
payments shall fairly compensate the performing party for the services it provides for the other
party's benefit.
C. The City warrants that its City Council approved this Agreement by Resolution
1eW - 26O, dated t1o.rernlaer 3 , 2020 authorizing its City Manager to execute it on the
City's behalf.
D. BCTRA warrants that its Board approved this Agreement by Brazoria County Toll
Road Authority Board Order date l , 2020 and authorized its Chairman to execute on
BCTRA's behalf.
E. Each Party acknowledges and agrees that it shall furnish the services promised, in
compliance with State, City and County guidelines and timely provide such monies as promised
herein, subject to the following:
(1)
Funding is subject to the availability of current fiscal year revenue or bond
revenue and the appropriation of such revenue by the party's governing
body to the services.
F. This Agreement covers the following area (the "Service Area"):
(I) Service Area:
BCTRA is authorized by Chapter 2$4 of the Texas Transportation Code (the
"Code") to construct, acquire, improve, operate, and maintain certain
transportation projects in Brazoria County. BCTRA has constructed, owns,
and operates the Brazoria County TolI Road System located in Brazoria
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County (the "Project"). The Project consists of a 4 -lane managed toll mad
within the existing median ❑f State Highway 288 which currently extends
two hundred feel south of the south abutment of the Clear Creek Bridge to
County Road 58 for a total length of approximately 5.1 miles (the "Managed
Lanes"). A significant portion of the Managed Lanes is located within the
jurisdictional limits of the City for purposes of law enforcement and public
safety activities. The Service Arca for the purposes of law enforcement, fire
and emergency services will consist of the Managed Lanes that are within
the City of PearIand city limits.
NOW, THEREFORE, in consideration of the premises and other good and valuable
consideration and the mutual benefits, covenants and agreements set forth below, the City and
RCTRA agree as follows:
I. SERVICES AND FUNDING
1.1 The parties agree to provide the following services, and the following levels of
funding subject to the conditions and exceptions in this Agreement.
1.2 The City shall be responsible for the following:
(1)
Law Enforcement and Public Safety Activities: The City shall provide
law enforcement services and public safety activities within the Service
Area on an as needed basis. Services consist of, but arc not limited to items
included in "Scope of Services" attached as Exhibit "A",
These services shall he provided on the Managed Lanes of the Project as
well as any adjacent road that provides direct access to the Managed Lanes
and may affect the Project. If an incident such as an accident or other non -
construction issue arises that closes any section of the Managed Lanes, the
City shall provide enough personnel to ensure traffic can continue to move
through the affected area unless an emergency arising elsewhere requires
the City to divert personnel to such emergency.
(2) Criminal Offenses: The City may issue criminal citations and make arrests
as allowed by law on the Managed Lanes of the Project.All citations and
arrests shall be filed in the appropriate jurisdiction. The City shall require
the appropriate personnel to: attend trials and hearings, appear as a witness,
offer supporting testimony, provide necessary documentation of the
offense, including audio and vide❑ files, and provide other reasonable
support to the Brazoria County District Attorney's Office or other
governmental entity in order to prosecute the offense in accordance with the
law.
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(3)
Repor₹ing: The City shall provide RCTRA with a quarterly report not later
than 60 days after the close of each quarter which includes the following
information related to the Project:
a) Number of crash investigations
h) Number of citations issued
c) Number of motorist assists
d) Number of fire incidents
e) Number of EMS incidents
#) Number of debris removal incidents
g) Additional incidents to which the City responded
1.3 RCTRA shall be responsible for the following:
(1) Costs of Services: BCTRA shall pay $20,000 to the City for the costs of
providing law enforcement and public safety activities for the Project as
described above.
(2) The Cost of Services will be reviewed annually based on the actual response
data reported in Section 1.1.2(3)
II. GENERAL TERMS
2.1 The Parties recognize and agree that nothing herein shall be construed to create any
rights in third parties.
2.2 The Parties expressly agree that no party shall have the right to seek indemnification
or contribution from any other party hereto for any losses, costs, expenses, or damages directly or
indirectly arising in whole or part from this Agreement.
2.3 The Parties recognize and agree that the City's employees, agents, or assignees are
not employees of BCTRA. The law enforcement and public safety personnel will be governed by
the policies and procedures of the City.
2.4 Whenever possible, each provision of this Agreement shall be interpreted in such a
manner as to he effective and valid under applicable law, hut if any section, subsection, paragraph,
sentence, clause, phrase, word, or portion of this Agreement is, for any reason, held invalid
unconstitutional or otherwise unenforceable by any court of competent jurisdiction, such portion
shall he deemed a separate, distinct, and independent provision and such holding shall not affect
the validity of the remaining portions thereof.
2.5 The rights and obligations of this Agreement shall not be assigned without prior
written consent of the Parties.
2.6 This Agreement and all obligations created hereunder shall he performable in
Brazoria County, Texas.
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2.7 This Agreement: shall be construed and enforced in accordance with arid governed
by the laws of the State ❑f Texas.
2.8 This Agreement shall be binding upon and inure to the benefit of the Parties and
their administrators, agents, employees, successors, and assigns permitted by this Agreement.
2.9 This Agreement may he modified or amended only upon the mutual written
agreement of the Parties.
If t❑ City of Pearland:
City of .Pearland
35I 9 Liberty Drive
Pearland, Texas 77581
Attention: Clay Pearson, City Manager
Phone Number: 281-652-1600
Email: cpearson(apcarlandtx.gov
With a copy to:
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Attention: Ron Fraser, Assistant City Manager
Phone Number: 281.652-1600
Email: rfraser(crfpearlandtx.gov
If to 13C1'1LA:
Kent Burkett
13raLoria County Toll Road Authority
111 E. Locust Street
Angleton, Texas 77515
Phone Number: (979) 864-I265
Email: IentB(abrazoria-county.com
With copy to:
Rrazoria County Engineer
I3raLoria County Engineering Department
111 E. Locust Street
Angleton, Texas 77515
Phone Number: (979) 864-1265
Email: ClayF(bbrazoria-county,coin
matth u)hrazorio-county.corn
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2.12 intending to be legally bound, the parties hereto have executed this Agreement
effective as of the effective date of the Agreeme ,v I , 2021
CITY OF PEARLAND, TEXAS
By:
Print Name: fiteP,2.a/ •J, /:;:2-c e
Title: , .74 - G 7r7
Date: /-- -ze52. J
BRAZORIA COUNTY TOLL ROAD AUTHORITY
By:
Print Name: Gary Idoux
Title: Chairman
Date:
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EXFHEI I' A
SCOPE OF SERVICES
The following list of services is intended to efficiently manage the transportation needs of the
public and f3CTRA on and around the Managed I of the Project. This list is not exclusive and
other services may be required in order to manage transportation needs.
I Respond to vehicle accidents on the Managed Lanes or any adjacent road that provides
direct access to the Managed Lanes.
2. Facilitate roadside assistance to the public via approved wrecker service providers.
3. Remove debris from the Managed Lanes that impacts traffic flow. Debris removal does
not include street: sweeping.
4. Report safety concerns or issues to I3CI'RA
Excluded services include but are not limited to:
1. Street sweeping
2. Traffic sign maintenance, repairs, or replacement
3. Street Lighting or High Mast Lighting maintenance, repairs or replacement
4. Pavement Markings maintenance, repair or replacement
S. Vegetation Control
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DocuSign Envelope ID: 2C31 E1AF-454C-4EA8-A108-8B3F6234D580
AMENDMENT TO
PEARLAND -
BRAZORIA COUNTY TOLL ROAD AUTHORITY
INTERLOCAL AGREEMENT
CONCERNING LAW ENFORCEMENT AND PUBLIC SAFETY ACTIVITIES
This Amendment to Pearland — Brazoria County Toll Road Authority Interlocal Agreement
Concerning Law Enforcement and Public Safety Activities is made between the CITY OF
PEARLAND, a municipal body politic, acting through its City Council (the "City") and
BRAZORIA COUNTY TOLL ROAD AUTHORITY ("BCTRA"), a local government
corporation created pursuant to and authorized by chapter 431, subchapter D of the Texas
Transportation Code, acting through its Board. City and BCTRA may collectively be referred to
as the "Parties".
RECITALS:
A. The City and BCTRA previously entered into an Interlocal Agreement Concerning
Law Enforcement and Public Safety Activities (the "Agreement") (attached hereto as Exhibit "1").
B. In order to correct clerical errors and add additional reporting responsibilities under
Section 1.2, the Parties wish to enter into this Amendment.
C. The City warrants that its City Council approved this Amendment by Resolution
R2021-97, dated May 10, 2021 authorizing its City Manager to execute it on the City's behalf.
D. BCTRA warrants that its Board approved this Amendment by Brazoria County Toll
Road Authority Order dated March 25, 2021 and authorized its Chairman to execute on BCTRA's
behalf.
NOW, THEREFORE, in consideration of the premises and other good and valuable
consideration and the mutual benefits, covenants and agreements set forth below, the City and
BCTRA agree as follows:
A. Section 1.2. (4) is hereby made part of the Agreement:
(4) Facility Damages: In addition to the quarterly reporting required above,
the City shall provide notice to BCTRA of damage to the Project facilities within
48 hours of City learning of such damage.
B. Section 2.10 is hereby made part of the Agreement:
2.10 This Agreement shall remain in full force and effect for one year from the date of
execution. Upon expiration of the initial year, this Agreement shall renew automatically in one (1)
year terms for ten years unless either party hereto provides written notice of nonrenewal at least
one hundred and eighty (180) days prior to the end of the then -current term (each a "Renewal
Term").
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DocuSign Envelope ID: 2C31 E1AF-454C-4EA8-A108-8B3F6234D580
C. Section 2.11 is hereby amended to read:
2.11 Any notices and communications required or permitted hereunder, shall be
addressed as follows:
If to City of Pearland:
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Attention: Clay Pearson, City Manager
Phone Number: 281-652-1600
Email: cpearson@pearlandtx.gov
With a copy to:
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Attention: Ron Fraser, Assistant City Manager
Phone Number: 281-652-1600
Email: rfraser@pearlandtx.gov
If to BCTRA:
Kent Burkett
Brazoria County Toll Road Authority
111 E. Locust Street
Angleton, Texas 77515
Phone Number: (979) 864-1265
Email: KentB@brazoria-county.com
With copy to:
Brazoria County Engineer
Brazoria County Engineering Department
111 E. Locust Street
Angleton, Texas 77515
Phone Number: (979) 864-1265
Email: ClayF@brazoria-county.com
MattH@brazoria-county.com
D. Except as otherwise specifically modified in this Amendment, the Agreement shall
remain in full force and effect.
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DocuSign Envelope ID: 2C31 E1AF-454C-4EA8-A108-8B3F6234D580
E. "Phis Amendment contains the entire understanding and agreement between the City
and BCTRA, their assigns and successors in interest, as to the matters contained herein.
This Amendment is executed by the Parties in multiple originals, each having full force
and effect, and the effective date of this Amendment is the date of the countersignature of the
Chairman of BCTRA.
CITY 9F b.4ND, TEXAS AT
1 L PCif/N' JDI/l.
BY: —-3BS�0400
Print Name:
Ealgignedd by:
CLLLL //
rud
ED10C/3064Gk4F-A
Clay Pearson Print Crittenden
I rint Name:
Title: City Manager
Date: 5/13/2022 I 4:17 PM CDT
BRAZRIA COUNTY TOLL ROAD AUTHORITY
By:
Print Name: Gary Idoux
Title: Chairman
Date: t9 - o
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Title: City Secretary