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1994-102-RES WHEREAS, the City Council of the City of Paris has been made aware of the Texas Parks and Wildlife RESOLUTION NO. 94-102 WHEREAS, the City Council of the City of Paris has been made aware of the Texas Parks and Wildlife Department's need for an Interlocal Agreement for refuse collection and grass control at the Lake Gibbons boat ramp on Lake Gibbons, 0.3 mile north of FM Road 2820, 1.4 mile west of FM Road 79, and the City of Paris is agreeable to providing such service; and, WHEREAS, in order to furnish such services, it is necessary for the City of Paris and the Texas Parks and Wildlife Department to enter into an Agreement for said services; and, WHEREAS, the form of agreement for such services, attached hereto as Exhibit A, should, in all things, be approved, and the City Manager, Michael E. Malone, should be authorized to execute the same; NOW, THERE.'ORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the Interlocal Agreement with the Texas Parks and Wildlife Department for the collection of refuse and grass control, payable to the City of Paris in the amount of $1,200.00 yearly, in the form shown in Exhibit A, attached hereto, be, and the same is hereby, accepted; and, BE IT FURTHER RESOLVED, that the City Manager of the City of Paris, Michael E. Malone, be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the Interlocal Agreement with the Texas Parks and Wildlife Department, for collection of refuse and grass control, in the form shown in Exhibit A, attached hereto. PASSED AND ADOPTED this 8th day of August, 1994. ~ ATTEST: ~~,~.. ~>-r--M'- ~~ M~.ttie Cunningham, City Clerk APPROVED AS TO FORM: ~~{~ Contract Number: INTERLOCAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into this 1st day of September, 1994, by and between the TEXAS PARKS AND WILDLIFE DEPARTMENT ("Department") and the City of Paris, Paris, Texas ("Contractor"), each acting by and through duly authorized officials, WITNESSETH: WHEREAS, the Department requires the services indicated below to adequately operate and maintain the boat ramp facility described herein for the benefit of the public; and, WHEREAS, the Contractor is willing to provide such services under the terms and conditions set out below; NOW, THEREFORE, In consideration of the premises and the mutual covenants hereof, the parties hereto agree as follows: I. The Contractor shall, during the term hereof, remove and dispose of any and all trash, garbage and litter, of every description, located on the boat ramp premises described in Exhibit A, attached hereto and made a part hereof for all necessary purposes ("Premises "). The Contractor shall visit and inspect the Premises as often as necessary to ensure a clean and litter-free condition, but, in any event, at least once a week. 2. The Contractor shall, during the term hereof, mow the portion of the grassy area of the Premises situated within fifty (50) feet of the improvements (boat ramp and parking lot). The above-described area shall be moved to maintain grass at a height not to exceed six (6) inches. 3. The term of this Agreement is from September I, 1994, to August 31, 1996, unless sooner terminated as provided herein. 4. As full compensation for the above-described services of the Contractor, the Contractor agrees to accept and the Department agrees to pay the sum of $1,200.00 (One Thousand Two Hundred and no/lOO Dollars) per year, payable in quarterly payments, all such payments due after the services have been performed for the calendar quarter. All such payments shall be remitted to the address of the Contractor shown in Paragraph 6, below. 5. This Agreement is subject to cancellation, without penalty, if funds are not appropriated by the Texas Legislature, or otherwise made available, to the Texas Parks and Wildlife Department. UH1Blt A 6. All notices required hereunder shall be deemed to have been duly given if and when the same are reduced to writing and enclosed in a properly sealed envelope and deposited, prepaid, in a United States post office, addressed as follows: If to the Contractor: City of Paris P. O. Box 9037 Paris, TX 75461-9037 If to the Department: Grants-in-Aid Program/Boat Ramp 4200 Smith School Road Austin, TX 78744 The parties have the right to change their addresses by giving at least fifteen (15) days written notice to the other party of the new address. 7. It is understood and agreed that the Department shall have the right, and the right is expressly reserved to declare this Agreement terminated at the option of the Department upon breach by the Contractor of any of the conditions contained herein; provided, however, that the Department shall give the Contractor written notice, as provided herein, of such intention to terminate and the reason(s) therefor, and Contractor shall have thirty days after such notice is mailed to rectify the breach to the satisfaction of the department. 8. Contractor shall indemnify and hold harmless the Department from and against any claims of any character of all persons whomsoever which result directly or indirectly from the activities by the Contractor of the Premises covered by this Agreement. 9. The parties agree that suit may be brought for the purpose of enforcing any of the provisions of this Agreement in any court of Travis County, Texas. CITY OF PARIS TEXAS PARKS AND WILDLIFE DEPARTMENT By: MICHAEL E. MALONE. CITY MANAGER By: Date Date EXHIBIT" A" TO SERVICES AGREEMENT The City agrees to arrange for the disposal of trash and garbage, of every nature and description, on a weekly basis, or more often, if necessary, and agrees to maintain grass at a height not to exceed six (6) inches at the following described boat ramp(s): PROJECT NUMBER LOCATION SBF 68-1-101-139 On Lake Gibbons, 0.3 mile north of FM Road 2820, 1.4 mile west of FM Road 79.