R2010-116 - 2010-10-110 0 0 0
Section 1. That certain interlocal agreement by and between the City of Pearland
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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 1 lth day of October, A.D., 201 a
TOM REID
MAYOR
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C
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resoicition No, R2 010-116
THE STATE OF TEXAS
COUNTY OF BRAZORIA
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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, 2010, to
September 30, 2011. 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 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.
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.
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.
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3.0 Either party may terminate this, agreement upon thirty- (30) day's
3.1 Nothing hercin shall be construed to make either party a purchaser
3.2 Nothing herein shall be construed to create any rights in third
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SIGNED AND ENTERED this the day of 2010.
Mt y: Joe King
Brazoria County judgs
CITY OF PEARLAND, TEXAS
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By: Mayor
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