R2024-088 2024-05-20 DocuSign Envelope ID.7CB5CBCF-3E02-4416-924C-2173E43ECBFF
RESOLUTION NO. R2024-88
A Resolution of the City Council of the City of Pearland,Texas, authorizing a
contract with Olsson Studio,for planning and engineering services associated
with the Old Town Revitalization Plan,in the estimated amount of$350,000.00,
and authorizing a Reimbursement Agreement between the City and the
Pearland Economic Development Corporation
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS
Section 1 That certain contract for planning and engineering services associated with
the Old Town Revitalization Plan, 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 certain Reimbursement Agreement by and between the City of Pearland
and the Pearland Economic Development Corporation, a copy of which is attached hereto as
Exhibit"B" and made a part hereof for all purposes, is hereby authorized and approved
PASSED, APPROVED and ADOPTED this the 20th day of May, A.D , 2024
IN COLE
MAYOR
ATTEST
Dom:Signed by:
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FRANCES AGUILAR, TRMC, MMC „��%%%%,,,,,
CITY SECRETARY `oQFjaRI.�11�0
APPROVED AS TO FORM cL; V-" ;cn
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DARRIN M COKER
CITY ATTORNEY
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REIMBURSEMENT AGREEMENT
CITY OF PEARLAND
OLD TOWN REVITALIZATION STUDY
This Agreement is entered into this day of r 2324, by and between the
CITY OF PEARLAND, TEXAS (hereinafter "City"), and the Peariand Economic
Development Corporation (hereinafter "PEDC").
WHEREAS, the PEDC is a Type B economic development corporation, created
pursuant to Chapter 505 of the Texas Local Government Code, as amended; and
WHEREAS, the City and PEDC have approved the Pearland Prosperity Strategic Plan
encompassing a strategy for Old Town Revitalization and including recommended actions
to enhance quality of place and gathering spaces while pursuing the development of a
master plan for the Old Town area. The Old Town revitalization is recognized as a catalyst
for development recommended by the SH35 Corridor Redevelopment Plan designed to
activate Old Town as a center for dining and shopping; improve the environment of Old
Town for pedestrians, and pair redevelopment in Old Town with strategies to support
housing development; and
WHEREAS, Section 501.103 of the Texas local Government Code (hereinafter"Code"),
in pertinent part, defines the term "project" to mean "expenditures that are found by the
board of directors to be required or suitable for infrastructure necessary to promote or
develop new or expanded business enterprises, limited to: (1) streets and roads, rail
spurs, water and sewer utilities, electric utilities, or gas utilities, drainage, site
improvements, and related improvements; (2) telecommunications and Internet
improvements . . ."; and
WHEREAS, certain PEDC Projects contribute to the improvement of the City's
commercial development areas, and the PEDC desires to fund a portion of the expenses
associated with master planning revitalization of the City's Old Town area; and
WHEREAS, the City has requested PEDC contribute funds towards the Old Town
Revitalization Study; and
WHEREAS, PEDC approved funding a contribution towards an Old Town
Revitalization Study at its April 25, 2024, Board of Directors' meeting; and
WHEREAS, City and PEDC desire an agreement to set forth their respective
responsibilities with regard to the Old Town Revitalization Study.
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WIT NESSETH:
NOW THEREFORE, in consideration of the foregoing premises and other good and
valuable consideration the receipt and sufficiency of which Is hereby acknowledged, it is
hereby agreed as follows:
1. The City shall contract for planning services for preparation the Old Town
Revitalization Study as described in RFQ# 0124-08, and as scoped in attached
proposal shown as Exhibit "A".
2. PEDC shall fund an amount, estimated to be $350,000, as depicted on Exhibit"A",
which shall be paid to City in a lump sum amount. The timing and amount of the
payment shall be determined at sole discretion of the City, but in no event shall the
total payments exceed $350,000. Any unexpended funds that remain upon the
close of the Study shall be returned to PEDC.
3. The initial term of this Agreement shall be for a period of twelve (12) months,
commencing on the day of 2024, and may be renewed as
needed.
4. This Agreement may only be amended, modified, or supplemented by written
agreement and signed by both parties.
5. No assignment by a party hereto of any rights under or interests in this agreement
will be binding on another party hereto without the written consent of the party
sought to be bound; and specifically but without limitation moneys that may
become due and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and
unless specifically stated to the contrary in any written consent to an assignment
no assignment will release or discharge the assignor from any duty or responsibility
under this Agreement.
6. Nothing herein is intended to supersede or waive any City ordinance or regulation
pertaining to such project.
7. Whenever possible, each provision of this Agreement shall be interpreted in such
manner as to be effective and valid under applicable law, but if any provision of
this Agreement is prohibitive or invalid under applicable law, such provision shall
be ineffective to the extent of such provision or invalidity, without invalidating the
remainder of such provision or the remaining provisions of this Agreement.
8. This Agreement shall be construed and enforced in accordance with and governed
by the laws of the State of Texas.
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9. To accomplish execution of this Agreement, it may be executed in multiple
counterparts.
10. The Parties agree that any suit arising out of or related to this Agreement shall be
filed in Brazoria County Texas,
11, All notices which are required or may be given pursuant to this Agreement shall be
in writing and shall be sufficient if delivered personally or by first class mail, postage
prepaid, return receipt requested, or by a nationally recognized courier, to the
parties and their attorneys at the addresses set out below or such other addresses
as the parties or their attorneys may hereafter notify one another:
If to City: City of Pearland
Attn: Trent Epperson, City Manager
3519 Liberty Drive
Pearland, TX 77581
If to PEDC: Pearland Economic Development Corporation
Attn: Chair
3519 Liberty Drive, Suite 350
Pearland, TX 77581
Notice delivered in accordance with the terms hereof shall be effective upon receipt.
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In witness whereof, the parties have hereunto set their hands and signatures on the date
first above mentioned.
PEARLAND ECONOMIC DEVELOPMENT
CORPORATION
a Texas non-pro#it corporation
By:
Je o r.
ai
CITY OF PEARLAND,
a Texas municipal corporation
DocuSigned by:
By:
Trent Epperson,
City Manager
� DFAT.by:
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Frances Aguilar
City Secretary
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CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into on May 29, 2024 by and between the City of Pearland
("CITY") and Olsson Studio ("CONSULTANT").
The CITY engages the CONSULTANT to perform professional services for a project known and
described as the Old Town Revitalization Plan ("PROJECT").
SECTION I -SERVICES OF THE CONSULTANT
The CONSUL TANT shall perform the following planning services to CITY standards and in
accordance with the degree of care and skill that a professional in Texas would exercise under
the same or similar circumstances:
A.The CONSULT ANT shall perform professional services associated with drafting
the Old Town Revitalization Plan. See Exhibit A, attached, for a detailed SCOPE
OF WORK and PROJECT schedule. The PROJECT schedule shall be submitted
in digital and hard copy form in the Microsoft Project for Windows format.
B.The CONSULT ANT shall prepare and submit a detailed opinion of estimated cost
of the PROJECT.
C.The CONSULTANT acknowledges that the CITY (through its employee
handbook) considers the following to be misconduct that is grounds for
termination of a CITY employee: Any fraud, forgery, misappropriation of funds,
receiving payment for services not performed or for hours not worked,
mishandling or untruthful reporting of money transactions, destruction of assets,
embezzlement, accepting materials of value from vendors, or consultants, and/or
collecting reimbursement of expenses made for the benefit of the CITY. The
CONSULT ANT agrees that it will not, directly or indirectly; encourage a CITY
employee to engage in such misconduct.
D.The CONSULTANT recognizes that all work, notes, reports, estimates and any
and all other documents or work product generated by the CONSULT ANT under
the CONTRACT shall be delivered to the CITY upon request, shall become
subject to the Open Records Laws of this State.
E.The CONSULT ANT shall procure and maintain for the duration of this
Agreement, insurance against claims for injuries to persons, damages to property,
or any errors and omissions relating to the performance of any work by the
CONSULT ANT, its agents, employees or subcontractors under this Agreement,
as follows:
(1)Workers' Compensation as required by law.
(2)Professional Liability Insurance in an amount not less than $1,000,000 in
the aggregate.
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recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent
fee that has been paid.
SECTION VIII- SUCCESSORS AND ASSIGNS
This CONTRACT shall not be assignable except upon the written consent of the parties hereto.
The parties have executed this CONTRACT this 29 day of May, 2024.
CITY OF PEARLAND, TEXAS
Ken Boone, • ce President
CONSULTAN
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