R2002-0056 04-08-02RESOLUTION NO. R2002-56
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
PERMITTING THE COUNTY TO FURNISH A HERBICIDE SPRAY TRUCK
WITH OPERATOR TO THE CITY OF PEARLAND FOR THE PURPOSE OF
SPRAYING STREET RIGHTS-OF-WAY IN THE CITY.
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, 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's furnishing of a
herbicide spray truck with operator to the City of Pearland for spraying street rights-of-
way in the City.
PASSED AND APPROVED on this the ,
A.D., 2002.
ATTEST:
8 day of Apri 1
-rOM- D
MAYOR
RESOLUTION NO. R2000-56
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
Exhibit "A"
R2002-56
THE STATE OF TEXAS
COUNTY OF BRAZORIA
INTERLOCAL AGREEMENT BETWEEN
BRAZORIA COUNTY AND THE CITY OF PEARLAND
02-0012
This Agreement is made between BRAZORIA COUNTY and the CITY OF PEARLAND,
hereinafter referred to as the COUNTY and the CITY respectively.
RECITALS
WHEREAS, the CITY wishes to control growth of :weeds and grass on street rights-of-way
located ~vithin the municipal limits of the CITY; and
WHEREAS, the CITY has requested the COUNTY's assistance in providing a spray track with
operator to spray street rights-of-~vay; and
WHEREAS, the COUNTY has agreed to utilize Brazoria County Road & Bridge equipment and
employees to perform this work pursuant to the authority of Tex. Transp. Code §251.015, and the
Interlocal Cooperation Act, Tex. Gov. Code Sec. 791.001 et. seq., subject to the conditions and limitations
of this Agreement;
NOW THEREFORE, the CITY and COUNTY agree as follows:
1.01 COUNTY agrees to supply a herbicide spray track with operator, for a total of three workweeks
during the spraying season, beginning in April 2002, to spray street rights-of-way, with all materials to be
provided by the CITY.
1.02 The CITY agrees to furnish all materials, design and engineering studies which may be needed in
the project, and in the event COUNTY costs in performing above-described ~vork exceed $5,000, the CITY
shall pay, from the point in time that COUNTY's costs equal the sum of $5,000, the labor costs and the
hourly value of equipment used, plus any other costs associated with the use of the equipment including the
fuel used by the equipment. Though it is contemplated by this agreement that CITY will have obtained the
necessary design and engineering studies required by the project prior to the commencement of the work,
CITY agrees to pay the reasonable cost of any design or engineering ~vork obtained by COUNTY if it
exceeds the sum of $5,000. The value of equipment shall be those hourly rates which have been previously
established by the COUNTY for each item of its equipment, multiplying the same by the number of hours
such equipment has been utilized in excess of the point in time when COUNTY's costs equaled the sum of
$5,000. COUNTY equipment utilized on site for the project shall be charged to CITY on a daily rate for
each day that it is on-site.
2. The parties intend that 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. COUNTY is not to
be considered an agent or employee of CITY.
3. COUNTY does not warrant the suitability for this project of any material purchased by CITY from
a third party, which maintains a continuing contract with COUNTY. Any cost estimate made in connection
with this project is only an estimate and is not a warranty of the final cost of the project.
4. To the extent permitted by law, CITY agrees to assume the risk of, fully indemnify, hold harmless
and defend COUNTY, its agent, officers and employees from any and all loss, damage, cost demands and
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.
5. COUNTY executes this Agreement by and through the County Judge acting pursuant to Order of
the Commissioners Court so authorizing, and the CITY executes this Agreement by and through its Mayor
acting pursuant to authorization of its City Council.
6. Nothing herein shall be construed to make either party a purchaser or consumer of goods or
services from the other.
7. Nothing herein shall be construed to create any rights in third parties.
IN TESTIMONY OF WHICH, ~vitness our signatures o~n the execution dates herein below.
CITY OF PEARLAND/~ B~
MAYOR
,ffRAZOmA/~OUN't'Y, TEXAS
Date signed: 04-09-02 Date signed:
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
INTERLOCAL AGREEMENT BETWEEN
BRAZORIA COUNTY AND THE CITY OF PEARLAND
02-0012
This Agreement is made between BRAZORIA COUNTY and the CITY OF PEARLAND,
hereinafter referred to as the•COU\TY and the CITY respectively.
RECITALS
WHEREAS, the CITY wishes to control growth of weeds and grass on street rights -of -way
located within the municipal limits of the CITY; and
WHEREAS, the CITY has requested the COUNTY's assistance in providing a spray truck with
operator to spray street rights -of -way; and
WHEREAS, the COUNTY has agreed to utilize Brazoria County Road & Bridge equipment and
e mployees to perform this work pursuant to the authority of Tex Transp. Code §251.015, and the
Intetlocal Cooperation Act, Tex. Gov. Code Sec. 791.001 et. seq., subject to the conditions and limitations
e f this Agreement;
NOW THEREFORE, the CITY and COUNTY agree as follows:
1.01 COUNTY agrees to supply a herbicide spray truck with operator, for a total of three workweeks
during the spraying season, beginning in April 2002, to spray street rights -of -way, with all materials to be
provided by the CITY.
1.02 The CITY agrees to furnish all materials, design and engineering studies which may be needed in
the project and in the event COUNTY costs in performing above -described work exceed S5,000, the CITY
shall pay, from the point in time that COUNTY's costs equal the sum of S5 000, the labor costs and the
hourly value of equipment used, plus any other costs associated with the use of the equipment including the
fuel used by the equipment. Though it is contemplated by this agreement that CITY will have obtained the
necessary design and engineering studies required by the project prior to the commencement of the work,
CITY agrees to pay the reasonable cost of any design or engineering work obtained by COUNTY if it
e xceeds the sum of S5 000. The value of equipment shall be those hourly rates which have been previously
e stablished by the COUNTY for each item of its equipment, multiplying the same by the number of hours
such equipment has been utilized in excess of the point in time «hen COUNTY's costs equaled the sum of
S5,000 COUNTY equipment utilized on site for the project shall be charged to CITY on a daily rate for
e ach day that it is on -site,
2. The parties intend that 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. COUNTY is not to
be considered an agent or employee of CITY.
3. COUNTY does not warrant the suitability for this project of any material purchased by CITY from
a third party, which maintains a continuing contract with COUNTY. Any cost estimate made in connection
with this project is only an estimate and is not a warranty of the final cost of the project.
4. To the extent permitted by law, CITY agrees to assume the risk of, fully indemnify, hold harmless
and defend COUNTY, its agent, officers and employees from any and all loss, damage, cost demands and
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.
&TT 1k E-t-•
5. COUNTY executes this Agreement by and through the County Judge acting pursuant to Order of
the Commissioners Court so authorizing, and the CITY executes this Agreement by and through its Mayor
acting pursuant to authorization of its City Council.
6. Nothing herein shall be construed to make either party a purchaser or consumer of goods or
services from the other.
7. Nothing herein shall be construed to create any rights in third parties.
•
IN TESTIMONY OF WHICH, witness our signatures on the execution dates herein below.
CITY OF PEARLAND
MAYOR
Date signed: 6 - 2-
BRAZ
CJU
BRAZJRIA OUNTY, TEXAS
Date signed: 4