Loading...
HomeMy WebLinkAboutResolution No. 2021-26RESOLUTION NO. 112021-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE, AND THE CITY SECRETARY TO ATTEST, AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY AND THE FRIENDSWOOD INDEPENDENT SCHOOL DISTRICT TO WAIVE PERMIT AND INSPECTION FEES FOR THE CONSTRUCTION OF NEW FACILITIES AND RENOVATIONS OF EXISTING FACILITIES IN CORRELATION TO THE FISD 2020 BOND PROJECTS. WHEREAS, the City recognizes a need to contract with Friendswood Independent School District. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: Section 1. That an Interlocal Agreement by and between the City and the Friendswood Independent School District waiving permit and inspection fees for the 2020 FISD bond projects is hereby approved. Section 2. That the Mayor and City Secretary are authorized and directed to execute and attest, respectively, the Interlocal Agreement by and between the City and the Friendswood Independent School District in substantially the same form as is attached hereto as Exhibit "A" and made a part hereof for all purposes. I1 PASSED, APPROVED AND RESOLVED on BRYSCH, City APPROVED AS TO FORM',../ MAY Y FiSCHER, City Attorney day of NOVEMBER, 2021. EXHIBIT A Interlocal Agreement This Interlocal Agreement (this "Agreement") is made and entered into between the Friendswood Independent School District (the "District") and the City of Friendswood (the "City") pursuant to the Interlocal Cooperation Act, Tex. Gov't Code § 791.001 el seq. The parties have agreed to cooperate in certain development activities, set forth in detail below. A. Permit and Inspection ;tees The City of Friendswood will waive all permit and inspection fees for newly constructed or renovated district facilities funded from the 2020 Bond, including building (plan review and permit fees), electrical, mechanical, plumbing, gas, and sign permit fees for the following projects: • New Cline Elementary School • Westwood Elementary Classroom Addition ( 4 classrooms) • Bales Intermediate Classroom Addition (4 classrooms) • Windsong Intermediate Classroom Addition (6 classrooms) • Friendswood High School Additions & Renovations New auditorium Renovation of existing auditorium and Fine Arts wing Renovation of existing CTE spaces New competition gym with storage and locker rooms Renovation of existing locker rooms Reconfigure and add athletic field space • District -wide Safety & Security • District -wide Technology • District -wide Priority Maintenance In lieu of city -provided plan reviews and inspections, third party plan review and inspections will be provided by the District for the new Cline Elementary and Friendswood High School new auditorium. The City will issue no -charge permits, maintain inspection records, inspection documentation including engineer letters and issue a Certificate of Occupancy upon completion of construction. B. Miscellaneous Provisions 1. The failure of any party hereto to insist, in any one or more instances, upon performance of any of the terms, covenants or conditions of this Agreement, shall not be construed as a waiver or relinquishment of the future; performance of any such term, covenant or condition by the other party hereto; the obligation of such party with respect to such future performance shall continue in full force and effect. 2. This Agreement may not be altered or amended except in writing executed on behalf of all the parties. EXHIBIT A 3. This Agreement is made subject to and shall be construed in accordance with the laws, rules, orders, regulations and ordinances of the State of Texas, the County of Galveston, the City of Friendswood and the Board policies of the District. In performing the obligations required of it under the terms of this Agreement, the District will comply with all applicable federal, state, county and city ordinances, rules and regulations. 4. This Agreement shall bind and benefit the respective parties and their legal successors and shall not be assignable in whole or in part or bestow any rights or benefits upon any third parties. 5. The District will require any contractor performing work on behalf of the District to maintain and provide proof of general liability insurance covering the construction or installation of any improvements that the District or its contractors are obligated to construct or install herein. The policies shall provide for minimum coverage of One Hundred Thousand Dollars ($100,000.00) for injuries or death to any one person, not less than Three Hundred Thousand Dollars ($300,000.00) for injuries or death to more than one person in any one accident or occurrence, and not less than One Hundred Thousand Dollars ($100,000.00) for any single occurrence for injury to or destruction of property. Nothing herein shall constitute a waiver or limitation of any defense or immunity to which the City or the District is entitled under law. 6. This Agreement contemplates the future execution of various and additional written agreements and instruments, including a facility sharing agreement, certain licensing agreements and easement documents. In the event that the parties fail to agree upon or execute such contemplated agreements or instruments, neither party shall have the right to seek or pursue any equitable relief or monetary damages with respect to any obligation herein or intended by the parties to be further memorialized or clarified in a subsequent agreement or instrument. 7. Unless otherwise stated, obligations undertaken by a party hereunder shall be at that party's sole expense and paid for from current budgeted funds. EXECUTED on the dates below written. FRIENDSWOOD INDEPENDENT SCHOOL DISTRICT President, Board of Trustees Date EXHIBIT A CITY OF FRIENDSWOOD Attest: Name: Mike Foreman Date Title: ��awr Name: L,ettie Brysch Date Title: City Secretary