R-2013-022-2013-02-11RESOLUTION NO. R2013-22
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
TO COORDINATE THE EXPENDITURE OF COASTAL IMPACT
ASSISTANCE PROGRAM (CIAP) FUNDS TO CONSTRUCT
IMPROVEMENTS TO THE JOHN HARGROVE ENVIRONMENTAL
CENTER.
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, to coordinate the expenditure of Coastal Impact Assistance
Program (CIAP) funds to construct improvements to the John Hargrove Environmental
Center 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 said Interlocal Agreement with Brazoria County.
PASSED, APPROVED and ADOPTED this the 11th day of February, A.D., 2013.
ATTEST:
Yo NG
Y SEETARY
APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
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TOM REID
MAYOR
MARY ALDOUS
First Assistant
TRAVIS TOWNSEND
Chief — Criminal Division
Mr. Darrin M. Coker
City Attorney
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
JERI YENNE
CRIMINAL DISTRICT ATTORNEY
BRAZORIA COUNTY
December 27, 2012
RE: Interlocal Agreement for the Delores Fenwick Nature Center
Dear Darrin:
JIM WIGINTON
Chief - Civil Division
JOHN BLANKENSHIP
Chief Investigator
RECEIVED
DEC 3 12012
City of Pearland
LEGAL
Enclosed please find two original Interlocal Cooperation Agreements relating to the
improvements to the Delores Fenwick Nature Center. Please present this agreement to your City
Council for approval and signature. Please return one original to this office upon final execution.
Do not hesitate to contact me if you have any questions.
cc: Richard Hurd
Brazoria County Parks Director
Angleton Area
(979) 864-1230
Sincerely,
Mary C e Shine
Assistant District Attorney
COUNTY COURTHOUSE, 111 E. LOCUST, SUITE 408A, ANGLETON, TEXAS 77515
Brazosport Area
(979) 388-1230
Houston Area
(281) 756-1230
Fax -Criminal Division
(979) 864-1525
Fax -Civil Division Fax -CPS Division
(979) 864-1712 (979)-849-8914
Resolution No. R2013-22
Exhibit "A"
INTERLOCAL COOPERATION AGREEMENT
THIS AGREEMENT is entered into between the COUNTY OF BRAZORIA, TEXAS,
hereinafter referred to as "County" and the CITY OF PEARLAND, hereinafter referred to as
"City", pursuant to V.T.C.A., Government Code, Chapter 791, whereby:
NOW THEREFORE, THE CITY AND THE COUNTY agrees as follows:
1. Each Party agrees that any payments for the performance of governmental
functions or services shall be from current revenues available to the paying party and further that
such payments shall fairly compensate the performing party for the service or materials it
supplies provided for the other party's benefit.
2. City warrants that its City Council approved this agreement by Resolution
82012-22, dated February 11 , 2013 authorizing its City Manager to execute it on
City's behalf.
3. County warrants that its Commissioners' Court approved this agreement by Court
Order No. VI.A.2.d dated December 26, 2012, authorizing its County Judge to execute it on the
County's behalf, and specifically approving each project listed in this Interlocal Agreement.
4. PURPOSE OF INTERLOCAL: To collaboratively construct and maintain an
interpretive trail, boardwalk and observation deck observation deck overlooking a pond, wetland
habitats and gardens in Delores Fenwick Nature Center, a city park in Pearland, Texas.
5. TERMS: This Interlocal Cooperation Agreement ("Agreement") will become
effective upon execution of both parties. Construction activities will be completed by June 30,
2015. Maintenance and repair of the constructed features will continue for the useful life of the
features.
6. RESPONSIBILITIES: The Parties agree to provide the following services, either
directly or by contracting and the following levels of funding subject to the conditions and
exceptions described hereinabove.
a. City Responsibilities:
(1) Coordinate and negotiate this partnership's relationship with any other entities.
(2) Design the improvements which are contemplated in this agreement,
(3) Obtain all necessary permits.
(4) Provide all design documentation to County to enable County to conduct the
procurement and prepare all reporting required for the CIAP funding.
(5) Provide the construction manager and perform all construction activities;
1
(6) As construction manager, City will approve the contractors pay applications and
forward to Brazoria County Parks Director for payment within the time frame set
forth in the construction contract;
b. County Responsibilities:
(1) Provide construction funding, not to exceed $475,000.00, under Grant No.
F 12AF01190, awarded to the County under the Coastal Impact Assistance
Program, administered through the United States Department of the Interior- Fish
And Wildlife Services.
(2) Conduct procurement procedures including selecting the contractor to ensure
compliance with Coastal Impact Assistance Program.
(3) Bid the City's standard contract documents into the procurement procedure in
order to meet City requirements for the construction;
(4) Process contractor payment requests only after City has approved contractor's pay
application;
(5) Prepare all reporting and/or documentation related to the Coastal Impact
Assistance Program.
7. All constructed features will become the sole property of the City, who will
maintain and repair such features, as needed, at no cost to the County.
8. The rules, regulations and orders of the County shall govern this Agreement, and
the parties agree that the County shall supervise the performance of the Agreement.
9. This Agreement shall have no legal force or effect until such time as it is properly
adopted and approved by the Brazoria County Commissioners Court and the City of Pearland.
Intending to be legally bound, the parties hereto have executed this Agreement effective
as of the effective date of the Agreement, February 1 1 , , 2013 .
CITY OF PEARLAND, TEXAS
By:
Print Name: Bill Eisen
Title: City Manager
BRAZORIA COUNTY
By:
Print Name: E. J. "Joe" King
Title: County Jude
Date: February 1 1 , 201 3 Date: o1(,,
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PEARLAND
February 15, 2013 - T E X A s J
Mary Cheline Shine,
Assistant District Attorney
Brazoria County
County Courthouse
111 E. Locust,Suite 408A
Angleton,Texas 77515
Re: Resolution No. R2013-22
Interlocal Agreement for the Delores Fenwick Nature Center
Ms. Shine,
Enlcosed please find an Original Interlocal Agreement and copy of the Resolution in the above reference
for your records.
Thank you for your kind attention to this matter.
Maria E. Rodriguez
Deputy City Secretary
281-652-1840
•
3519 LIBERTY DRIVE • PEARLAND,TEXAS 77581-5416 • 281-652-1600 • www.cityofpearland.org
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