R2009-006 - 2009-01-12RESOLUTION NO. R2009-6
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.
APPROVED AS TO FORM:
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 12'h day of January, A.D., 2009.
TOM REID
MAYOR
ATTEST:
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DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution No. R2009-6
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, 2008, to
September 30, 2009. 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, Texas, 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, mowing,
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 the 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.
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 To the extent authorized by law, the City hereby agrees to hold
harmless the County, its officers, agents and employees from any
and all loss, damage, cost demands or causes of action of any
nature or kind for loss or damage to property, or for injury or death
to persons, arising in any manner from the performance of the
above-referenced work.
2.1 Payment for services or materials under this agreement shall be
payable from current revenues available to the paying party.
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 ~ stn day of January , ~'C~~,Q!2009.
BRAZORIA COUNTY, TEXAS
By: Joe Ki
Brazoria County Judge
CITY OF PEARLAND, TEXAS
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By: Mayor Tom Rei d
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