Loading...
R2000-107 10-09-00 RESOLUTION NO. R2000-107 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 FOR CONSTRUCTION, IMPROVEMENT, MAINTENANCE, OR REPAIR OF STREETS OR ALLEYS WITHIN THE CITY LIMITS OF PEARLAND, BE IT HEREBY 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 the original of the attached agreement for and on behalf of the City of Pearland, to cooperate with Brazoria County for construction, improvement, maintenance, or repair of streets or alleys within the City limits of Pearland. PASSED, APPROVED and ADOPTED this the 9 day of October , A.D., TOM REID MAYOR ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY App~d.~5~0 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 CITY OF PEARLAND, TEXAS, acting through its Mayor (hereinafter "City"). NOW THEREFORE, THE COUNTY AND THE CITY agree as follows: 1.0 The term of this agreement shall be from October 1, 2000, to September 30, 2001. 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 subgrade 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 for these Apprvd. 9/5/00 projects. All such materials shall be paid for by the City, and may be purchased through the County's suppliers. The cost of any work performed or obtained by the County which is determined to be beyond the scope of this agreement shall be reimbursed by the City 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. Apprvd. 9/5/00 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) days written notice to the other party. 3.1 Nothing herein shall be construed to make either party a purchaser of consumer of goods or services from the other. 3.2 Nothing herein shall be construed to create any rights in third parties. Apprvd. 9/5/00 SIGNED AND ENTERED this the /O day of O~ ~t~ ,'.1-999. By: Jo ge By: Mayor ATTEST: