R2023-136 2023-07-24RESOLUTION NO. R2023-136
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 paving services, for the period of July 25, 2023 through
July 24, 2024.
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 24th day of July, A.D., 2023.
________________________________
J. KEVIN COLE
MAYOR
ATTEST:
________________________________
FRANCES AGUILAR, TRMC, MCC
CITY SECRETARY
APPROVED AS TO FORM:
________________________________
DARRIN M. COKER
CITY ATTORNEY
DocuSign Envelope ID: C2E4E4D8-BB0F-4EE4-9A19-C1ECFBB9A703
DocuSign Envelope ID: C3A1666B-097A-42FE-9C6C-399203B57EB3
DocuSign Envelope ID: C3A1666B-097A-42FE-9C6C-399203B57EB3
DocuSign Envelope ID: C3A1666B-097A-42FE-9C6C-399203B57EB3
DocuSign Envelope ID: C3A1666B-097A-42FE-9C6C-399203B57EB3
9AugustDocuSign Envelope ID: C3A1666B-097A-42FE-9C6C-399203B57EB38/9/2023 | 3:33 PM CDT
Exhibit A
( , r
'Trey Haskins, PaIF""., CFM
Matt Hanks, P.E. ASST COUNTY ENGINEER
u �.y Karen McKinnon, R.E.
SST.CwOL.INTY ENGINEER
(979)ur d,1265 t979)38,842165 (281)756.1 65 (979)864-1270
ANGII,N=°1ON GLUM IaO1aSION FAX
AZO IA COUNTY ENGINEERING
451 N VELASCO, SUITE 230
ANGLE]ON ..4"EXAS J"751°
July 28, 202
city Of fl'earlaurrrl.
35,19 1.i lx�rty
Peaurla11c1, °1"K 77 1.- 416,
Attn: Mayor ofl)ea rlalid
R F, fraterlooal Agreement Witb Buwu,or ia(,"ou.my and the City of Pearlaurd
lllcwa c firi.l two u)pic,s ail"the above i' �u,�ra�1 ced lrltedc),ca l n'e r-nont betwec:.n lllaazoria�� Coultlty �°nd the
City cal°1' I�u�laiad, Plu�aw carefullyevi,u the c ci'i lilic ns, oi.the a recr runt and baw lit sigiie l by the
Mayor ofthe City,of earl-lalrl . Please return orie signed, u;opy l)aclu to the Br°a zorin County ll,rlgiti er"s
:):f Q( �.
If y()r1 have any q.Uestions, please a onla ct M-ariulie Kelly at 979) 8164-l26,5,
ilrcffdy�
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matt 1lur49's, Pl.'
THE STATE OF Il EX S
COUNTY OF BRA'ZORTA q
INTERLOCAL AGREEMENT
This agreement is made at Angleton, Braforia County, Texas
between BRAZORIA COUNTY, 'TEXAS acting through its Commissioners'
Court: (hereinafter "COUNTY"), sand the CITY OF PEARLAND, acting
through its Mayor (hereinafter "CITY").
NOW THEREFORE, THE COUNTY AND THE CITY agrees as
hollows:
1.0 The terin. of this agreement shall be from. October 1, 2022, to
September 30, 2023. The AGREEMENT may be renewed annually by the
written approval of COUNTY and CITY.
L l Pursuant to the Interlocal Cooperat:ion Act., Texas Government:
Code, Chapter 791. and the Texas Trransport,)t:ion Conte, Section 251.012,
the COUNTY agrees to provide personnel and cquipmerit at its own
cxpensc to assist in the construction, improvement, rnaintcriancc mid/or
repair of a st:rect or alley located within. the corporate, limits of the CITY
OF PEARLAND, 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, painting
and striping roads, installation of perrriancn.t: traffic signs, and other
routine road maintenance operations. Aray work performed on the Cit.y
streets and. alleys which are not ar7 integral part: of, or a corinecting link
to, other mods and highways is allowed if such work is dcterrnined to be
a benefit to the County by Cornrnissioncrs' Co-trt. The CITY will provide
materials, including fuel used by the equipment: 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 agrccrn.cn.t, to the County.
1.2 The county work authorized by this AGREEMENT may be done-
(1) By the COUNTY through t:ise of county c:clt;[ipment;
(2) By an. independent contractor with whom the COUNTY h��.s
contracted for the provision of certain services and materials,
conditioned on the CITY providing a purchase order to such
indcperident contractor for the full amotznt: 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 uniting to the
County Engineer. The Cotarit.y 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 scrvzce or work on any city street or alley not so agreed to in writing.
The County ;engineer is authorized to sign an 3c.c:eptance staternent for
each project: at: the appropriate time and authorize the work subject to be
completed a.s the load and Bridge Department schedules permit.
1.4 The part es intend that the CO(JN'1Y in performing such services
shall act as an independent contractor ,and shall have, control of the work
and the manner in which it is perforrned. 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 The Parties expressly a.cknowlcdgc that: the City's and th.e County's
authority to indemnify and hold harmless any third party is governed by
Article Xl, Section 7 of the Texas Constitution, and any provision that:
puirport:s to require indemnification by the City or the County is invalid.
Nothing in this Agrec:.rnent: requires that either the City or County incur
debt:, assess or collect furads, or create a sinking fund.
2, J, Payinent for scrviecs or matc.rials Linder this agreement sliall tx
p,,,kyalA(,- from, (,,,,uIrreTA r(WetIllf"S, awAJU.i,ble to the paying party.
Ill.
3,,0 Either party may terininate this agreemen't upor), thift,
y (30) dEiy's
err itteri-notice to the othet- party,
3.1 Nothing la.cau c.iur shy ll be co,u,.stl'uicd to make either party a
pt,irclmscr or consuincr of goods or scrviccs froin the ot'hen
3.2 Nclhirig twreiri, sholl tv cons(rued to create tiny right-,s, hi, 11filrd.
BRAZ(")T?IA U I NIT I TiAl"XAS,
4vv;l�l
................ .............................................................. ................................................................
By: L.M. 'Mad," Sc esta Jr, BY: Maycar
Brzizoria Co't,'trfl,y Ttu]�,,Tc
DATE:
ATFEST:
..............................................................................................................
CITY SECRI ARY