R-2013-094-2013-06-10 FAILEDRESOLUTION NO. R2013-94
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 FORT BEND
COUNTY FOR THE ENVIRONMENTAL REVIEW AND DESIGN OF THE
FM 521 PROJECT.
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 Fort Bend 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 Fort Bend County.
PASSED, APPROVED and ADOPTED this the day of
A.D., 2013.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
THE STATE OF TEXAS
COUNTY OF FORT BEND
COST-SHARING INTERLOCAL AGREEMENT
BETWEEN FORT BEND COUNTY
AND THE CITY OF PEARLAND
RESOLUTION NO. R2013-94
Exhibit "A"
This Cost -Sharing Interlocal Agreement is made and entered into pursuant to the Interlocal Cooperation Act (the
"Act"), Chapter 791 of the TEXAS GOVERNMENT CODE, between Fort Bend County, ("County") a body
corporate and politic, acting by and through its Commissioners Court, and The City of Pearland, Texas, ("City"), a
municipal entity under the laws of the State of Texas, by and through its City Council.
RECITALS
WHEREAS, County and City desire to cooperate to prepare engineering plans and obtain an environmental
clearance for the expansion of FM 521 to benefit the residents of County and City and serves a public purpose; and,
WHEREAS, the governing body of County and City have duly authorized this agreement.
NOW, THEREFORE, in consideration of the foregoing and further consideration of the mutual promises, covenants
and conditions herein, County and City hereby agree as follows:
SECTION I
SCOPE OF AGREEMENT
County and City desire to engage certain consultants to provide the engineering and environmental services for the
expansion of FM 521 from FM 2234 to SH 6, hereinafter referred to as "the Project."
SECTION II
COST SHARING
2.01 County shall provide Project coordination and administration through the County Engineer and shall
contribute 77% of the cost of the Project by providing funding in an amount not to exceed $1,262,800.00.
County shall contract directly with appropriate consultants to complete the Project.
2.02 City shall contribute 23% of the cost of the Project by providing funding in an amount not to exceed
$377,000.00.
2.03 City shall provide funding to County upon thirty (30) days written request from County, only after County
has entered into an agreement(s) with a consultant to provide the services for the Project.
2.04 County shall provide a complete accounting of the Project within 90 days of the completion of the Project.
In the event that City's share of the Project costs are less than $377,000.00, County shall refund to the City
any excess funds for the Project within 60 days of complete accounting.
SECTION III
TERM
The terms of this Agreement shall commence upon execution of this Agreement by County and shall terminate on
December 31, 2013, or upon completion of the Project, whichever occurs first. Either party may terminate, with or
without cause, by giving at least ten (10) days written notice to the other party; however, in the event City terminates
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this Agreement after the Project has commenced, City shall not be entitled to any refund of any costs, other than as
provided in Section 2.04.
SECTION IV
APPLICABLE LAWS
County and City agree to conduct all activities under this agreement in accordance with all applicable rules,
regulations, ordinances and laws in effect or promulgated during the term of this Agreement.
SECTION V
WHOLE AGREEMENT
This Interlocal Agreement, as provided herein, constitutes the complete Agreement between the parties hereto, and
supersedes any and all oral and written agreements between the parties relating to matters herein. Except as
otherwise provided herein, this Agreement cannot be modified without written consent to the parties.
SECTION VI
CHANGES AND AMENDMENTS
Any alterations, additions, or deletions to the terms of this Agreement which are required by changes in federal
and/or state law or regulations are automatically incorporated into this Agreement without written amendment
thereto, and shall become effective on the date designated by such law or regulation.
SECTION VII
NOTIFICATION
Unless otherwise provided herein, any notice, tender or delivery to be given hereunder by either party to the other
may be effected by personal delivery in writing or by registered or certified mail, postage prepaid, return receipt
requested. Mailed notices shall be addressed as set forth below, but each party may change its address by written
notice in accordance with this section.
To County:
To City:
Richard W. Stolleis, P.E.,
County Engineer
1124-52 Blume Road
Rosenberg, Texas 77471
City of Pearland
Attn: City Manager
3519 Liberty Drive
Pearland, Texas 77581
SECTION VIII
SEVERABILITY
Both parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such
determination shall not effect any other term of this agreement, which shall continue in full force and effect.
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SECTION IX
FORCE MAJEURE
To the extent that either party to this Agreement shall be wholly or partially prevented from the performance within
the time specified of any obligation or duty placed on such party by reason of strikes, stoppage of labor, riot, fire,
flood, acts of war, insurrection, accident, judgment, act of God, or specific cause reasonably beyond the party's
control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such
obligation or duty shall be suspended until disability to perform is removed.
SECTION X
EXECUTION
This Agreement shall not become effective until executed by all parties hereto.
FORT BEND COUNTY:
Robert E. Hebert, Board of Director Date
Attest:
Dianne Wilson, County Clerk
APPROVED:
By:
Richard W. Stolleis, P.E., Date
County Engineer
CITY OF PEARLAND
Mayor Date
Attest:
City Secretary
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