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HomeMy WebLinkAbout2005-Intergovt agreeINTERGOVERNMENTAL AGREEMENT TlW Agreement, made and entered into this day of February, 2004, by and between IkkAZOS COUNTY, TEXAS, hereinafter referred to a "BRAZOS COUNTY", and the CITY OF IXON VALLEY, herein after referred to a "WIXON VALLEY". EREAS, Government Code §791.011 et seq., Interlocal Cooperative Act provides that agree ents to provide services between governmental units are permitted; and , both parties have the authority to maintain roadways; and WEREAS, BRAZOS COUNTY has the necessary equipment and personnel to provide such mai nance: and it is more efficient and economical for BRAZOS COUNTY to provide such services; W EREAS, the parties wish to enter into an arrangement for the maintenance of roadways at is economical and fair to both parties. N THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that for an in ra n of the mutual covenants herein set forth, the parties agree as follows: 1. Upon the request of the Mayor of WIXON VALLEY, BRAZOS COUNTY will blade, with its graders, Wixon Road, Welch Road, Creek Shadows Drive, and Cedar Oaks Drive. 2. BRAZOS COUNTY shall also mow, clear and maintain the drainage of Dilly Shaw Tap Rd., Kurten Cemetery Road and Andert Road free of charge, when the County is performing similar services on County roads in the area. 3. The timing of maintenance work to be done will be at the discretion of BRAZOS COUNTY. Generally this will be at a time the equipment is in the vicinity of Wixon Valley. 4. BRAZOS COUNTY shall, upon WIXON VALLEY'S request, install culverts in the roads described in paragraph 2 above. WIXON VALLEY agrees to reimburse BRAZOS COUNTY the actual cost of such installation, which the parties agree and acknowledge will vary with the size of the culvert, the depth of the installation and other similar conditions. 5. WIXON VALLEY will reimburse BRAZOS COUNTY for the expenses incurred in furnishing said grader services at a rate of NINETY-SEVEN AND NO/DOLLARS ($97.00) per trip. 01-30061ntergrrnmenta!_Agreement.WV.2004 Page I of3 6. 7. 8 9. WIXON VALLEY will reimburse BRAZOS COUNTY at a rate of FORTY- FOUR AND NO/DOLLARS ($44.00) per hour for additional motor grader work such as spreading gravel or pulling ditches should this service be required by WIXON VALLEY. WIXON VALLEY will reimburse BRAZOS COUNTY at the rate of SEVENTY- FIVE AND NO/DOLLARS ($75.00) per hour for patching of potholes with a minimum time of one hour on roads described in paragraph 2 above. WIXON VALLEY will reimburse BRAZOS COUNTY at a rate of TWENTY CENTS ($0.20) per square yard for dust control should this service be required by WIXON VALLEY. The parties agree that the rates stated herein fairly compensate BRAZOS COUNTY for the services to be provided. BRAZOS COUNTY will submit a bill to WIXON VALLEY each month that work is performed and WIXON VALLEY shall pay said bill within fifteen (15) days of the date on which the bill is submitted. 11 12. 13. 14.1 15. WIXON VALLEY agrees to request only those services described herein that it can pay for out of currently available fund and to make payments out of such funds. WIXON VALLEY does hereby release, relinquish and discharge BRAZOS COUNTY from any and all claims, damages or causes of action, for damage to underground utilities caused by BRAZOS COUNTY while performing the work contracted for herein and WIXON VALLEY does hereby assume full responsibility for such damage. WIXON VALLEY does hereby agree to hold BRAZOS COUNTY harmless from and against any and all claims, losses, damages, causes of action, suits and liabilities of every kind for injury or death to any person or damage to property, arising out of or in connection with the work to be performed under this Agreement. This Agreement may be amended at any time with the approval of both parties. This Agreement amends all prior Interlocal Agreements. This Agreement shall be in full force and effect until one (1) year from the anniversary date hereof. Thereafter, such contract shall be automatically renewed, subject to termination by either party on 30 days written notice. WIXON VALLEY agrees to not to continue this contract if it has not, on an annual basis, budgeted funds sufficient to pay the costs stated herein. 01-3006 IntergottnmentaLAgreement. WV.2004 Page 2 of 3 S[PNED THIS day of .2004. A' BRAZOS COUNTY, TEXAS Karen M f ~ueen, County Clerk ATTES By: Randy Sims, County Judge CITY OF WIXON VALLEY By: Mayor 01-30061ntergoltnmenta!_Agreement.WV2004 Page 3 of3