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:
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APPROVED AS TO FORM:
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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
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TOM REID
MAYOR
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I Y SE TARY
