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.