HomeMy WebLinkAboutR2009-073 - 2009-05-11 RESOLUTION NO. R2009-73 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. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Interlocai 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 11th day of May, A.D., 2009. TOM REID MAYOR ATTEST: . ``O Q~~RLgN _>.. Y NG L , T MC '~~z .~~~.. C SE ETARY APPROVED AS TO FORM: Gt:.la..._' ~ f . DARRIN M. COKER~ CITY ATTORNEY Exhibit "A" Resolution No. R2009-73 THE STATE OF TEXAS ~ COUNTY OF BRAZORIA ~ INTERLOCAL AGREEMENT This AGREEMENT is made between BRAZORIA COUNTY, TEXAS, hereinafter referred to as the COUNTY, acting through its Commissioners Court, and the CITY OF PEARLAND, hereinafter referred to as the CITY, acting through its City Council. Pursuant to the Interlocal Cooperation Act, Texas Government Code, Chapter 791, the COUNTY agrees to expend grant funds allocated through the COUNTY'S Method of Distribution for Disaster Recovery to accomplish eligible disaster recovery activities on behalf of the CITY as described in any Community Development Block Grant Disaster Recovery Fund Contract awarded to the COUNTY by the Office of Rural Community Affairs (ORCA), hereinafter referred to as the GRANT. The term of this Agreement shall begin May 27, 2009. Agreement shall terminate upon COUNTY'S receipt of the GRANT close-out letter from ORCA. The COUNTY shall: 1. Execute its responsibilities in accordance with its Method of Distribution. 2. Serve as applicant and contractor with ORCA for all GRANT activities. 3. Endeavor to execute its GRANT responsibilities in a timely and efficient manner. 4. Be responsible to maintain compliance with GRANT contract terms and conditions in the completion of all GRANT activities, including those undertaken by or for the CITY. 5. Gain CITY approval before awarding a construction contract that exceeds the funds available in the GRANT budget; see item 5 below for CITY responsibilities in funding amounts exceeding the GRANT budget. 6. Require that CITY review and approve change orders prior to COUNTY approval. The CITY shall: 1. Comply with all COUNTY requests for information required to fulfill the COUNTY'S obligations under the GRANT. 2. Gain COUNTY approval during engineering design and prior to bid for any changes to the GRANT project scope. 3. Provide unfettered access by the COUNTY and its representatives to the construction site throughout the term of this AGREEMENT. 4. Be solely responsible for the continued maintenance and operation of any proposed improvements upon acceptance by the COUNTY of the Certificate of Construction Completion. 5. Pay for any cost overruns attributable to construction contract award, change orders, project redesign, or additions to the GRANT scope of work. 6. Pay for any GRANT project-related costs which are not reimbursable from the GRANT or are required to be repaid to ORCA. The parties further agree that any GRANT funds provided by the COUNTY are without warranty of any kind to the CITY or any third party, and the CITY hereby agrees, to the extent allowable by law, to defend, hold harmless, and indemnify the COUNTY, its officers, agents, and employees for any claims for injury or death of any person .or any property damage arising out of the COUNTY'S performance of its obligations under this Agreement. Nothing herein shall be construed to create any rights in third parties. SIGNED and ENTERED this 11'h day of May, 2009. BRAZORIA COUNTY, TEXAS c E. J. COUNTY JUDGE ATTEST: JO E H DMAN COUNTY LERK CITY OF PEARLA ~~t-dC.~ TOM REID MAYOR NG LO I Y SE TARY