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HomeMy WebLinkAboutR2023-136 2023-07-24DocuSign Envelope ID: C2E4E4D8-BBOF-4EE4-9A19-C1ECFBB9A703 RESOLUTION 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. DocuSigned by: 9z `—B4881 kS-& F -4F2 J. KEVIN COLE MAYOR ATTEST: Lr cuSigned by: alAtt,S a ItAiLar E8 FFr415 FRANCES AGUILAR, TRMC, MCC CITY SECRETARY APPROVED AS TO FORM: r DocuSigned by: E43EkeF •1 F-4Ef5... DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: C3A1666B-097A-42FE-9C6C-399203B57EB3 Matt Hanks, P.E., CFM COUNTY ENGINEER 979.864.1265 ANGLETON July 28, 2023 City of Pearland ATTN: Mayor 3519 Liberty Drive Pearland, TX 77581 979.388.1265 CLUTE 281.756.1265 HOUSTON BRAZORIA COUNTY ENGINEERING 451 N VELASCO, SUITE 230 ANGLETON, TEXAS 77515 Karen McKinnon, P.E. ASST. COUNTY ENGINEER Wael Tabara, P.E., CFM ASST. COUNTY ENGINEER 979.864.1270 FAX RE: Interlocal Agreement with Brazoria County and the City of Pearland Please find two copies of the above referenced Interlocal Agreement between Brazoria County and the City of Pearland. Please carefully review the conditions of the agreement and have it signed by the Mayor of the City of Pearland. Please return one signed copy back to the Brazoria County Engineer's Office. If you have any questions please feel free to contact me at 979.864.1265 or by email at engineer-interlocals@brazoriacountytx.gov. Sincerely, f_arylf n one Tricia L. Simmons Interlocal Coordinator DocuSign Envelope ID: C3A1666B-097A-42FE-9C6C-399203B57EB3 THE STATE OF TEXAS § COUNTY OF BRAZORIA § 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, 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, 2023, to September 30, 2024. The AGREEMENT may be renewed annually by the written approval of COUNTY and CITY. 1.1 Pursuant to the Interlocal 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, 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 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 DocuSign Envelope ID: C3A1666B-097A-42FE-9C6C-399203B57EB3 a benefit to the County by Commissioners' Court. 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 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. DocuSign Envelope ID: C3A1666B-097A-42FE-9C6C-399203B57EB3 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 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. 2.1 Payment for services or materials under this agreement shall be payable from current revenues available to the paying party. DocuSign Envelope ID: C3A1666B-097A-42FE-9C6C-399203B57EB3 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 9 day of August , 2023. BRAZOI COUNTY, TEXAS a— DocuSigned by:: 9. LPL B4RR1 AR15QRE4F2 By: L.M. "Matt" Sebesta Jr. By: Mayor Brazoria County Judge 8/9/2023 I 3:33 PM CDT DATE: ATTEST: [rws DocuSigned by: Q�l utr' 90 C22531rrr415 CITY SECRETARY l�N Matt Hanks, P.E. COUNTY ENGINEER (91'9) 864-1265 (979) 3889-1265 ANGII: E TON Cil, UTF July 28, 2022. City. of Pearland 3519 Liberty lierty Pearland, TX. 77581-5416 .ttn: :Mayor yrr ofPearland. Exhibit A Trey Haskins,. P.E. CFM ASST. COUNTY ENGINEER. Karen McKinnon, RE,. ASST, COUNTY ENGINEER, (281) 7.58-1285 I OUS ON BRAZORIA COUNTY ENGINEERING 4b1 N VELA:SCO, SUITE 230 ANGLETON,. ON, "T"EXAS 71515 1,-(t7,, lilted( l Agreement with Brazoria County and the .rity of eturl nt:I (979) 8 412/0 FAX Please :find two copies of the above referenced Iruterloeal Agreement between llrazor'ia County and the City of l'euurlarutl. Please carefully evie the eonclithms of the agreement and have it signed by the Mayor of the City of Pearland. Please return one signed copy back to the Br°azoria County I:gin er's Office If you have any questions, please contact Mandie Kelly at 979) 864-1265, incen Mutt I tanks, 1'1 County I :nitmees THE STATE OF TEXAS COUNTY OF BRAZORIA INTERLOCAL AGREEMENT This agreement is made at Angleton, Braforia County, Texas between BRAZORIA COUNTY, TEXAS acting through its Commissioners' Court (hereinafter "COUNTY"), and the CITY OF PEARLAND, 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, 2022, to September 30, 2023. The AGREEMENT may be renewed annually by the written approval of COUNTY and CITY. 1.1 Pursuant to the Interlocal Cooperation Act., Texas Government Code, Chapter 791 and the Texas Transportation Code, Section 251.0 12, 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, 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 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, 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 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 ❑rder 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 CI'T'Y. 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 acknowledge that t:h.e 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 Agrce.went requires that either the City ❑r County incur debt, assess ❑r collect funds, or create a sinking fund. 2„:1 Payment for services or materials under this agreement shall be payable from current revenues available to the paying party. ,�; Either party r a y terminate this agreement .nt Maur thirty (30) day's written notice to the other party, .3J Nothing heroin. construed to make either party a. purchaser or consumer of goods or services from the other. 3.2 Nothing herein shall be trLied to create any rights parties. f A ()Rt a()UNIT, TEXAS By: 1 , tt" Sebesta st,au Jr. 13ra aria (, ruur ..t,➢u,udge By: DATE: : ATTEST: CITY SECRETARY yor