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1993-008-RES WHEREAS, the Texas Parks and Wildlife Department is in need of an Interlocal Agreement for refuse RESOLUTION NO. 93- 008 WHEREAS, the Texas Parks and Wildlife Department is in need of an Interlocal Agreement for refuse collection and grass control at the Lake Gibbons boat ramp on Lake Gibbons, 0,3 miles nor th of FM Road 2820, 1. 4 mi les wes t of FM Road 79, the City of Paris and the City of Paris and the City Council is agreeable to provide such service; and, WHEREAS, in order necessary for the City Wildlife Department to services; and, to furnish such services it of Paris and the Texas Parks enter into an Agreement for is and said WHEREAS, the form of agreement attached hereto as Exhibit A, should be City Manager, Michael E. Malone, should execute the same; NOW, THEREFORE, for such services approved, and the be authorized to BE IT RESOLVED BY THE CITY COUNCIL OF THE PARIS, that the Interlocal Agreement from Texas Wildlife Department for the collection of refuse control in the amount of $1,200.00 yearly, accepted; and, CITY OF Parks and and grass is hereby 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 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 11th day of January, 1993. *F~or ATTEST: Mattie Cunningham, City APPROVED AS TO FORM: Contract Number: INTERLOCAL SERVICES AGREEMENT fHIS Agreement made and entered into this 1st day of September. 1992. by and between the TEXAS PARKS AND WILDLIFE DEPARTMENT ("Department") and City of Paris, 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: 1. 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 at Exhibit A, attached hereto made a part hereof for all 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 feet of the improvements (boat ramp and parking lot). The above-described area shall be mowed to maintain grass at a height not to exceed six inches. 3, The term of this Agreement is from September 1. 1992 to August 31. 1994, 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, per year payable in equal quarterly payments, all such payments due after services have been performed for that calendar quarter. All such payments shall be remitted to the address of the Contractor shown at 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. 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: . "lji8"r ' t_,\r-, ! A If to the Contractor: City of Paris P.O. Box 1037 Paris, Texas 75460 If to the Department: Grants-in-Aid Program/Boat Ramp 4200 Smith School Road Austin, Texas 78744 The parties have the right to change their addresses by glvlng at least fifteen 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 the breach by the Contractor of any of the condit ions conta i ned herei n; provided however that the Department sha 11 gi ve the contractor written notice as provided herei n, of such intention to terminate and the reason(s) therefore, and Contractor shall have thirty days after such notice is mailed to rectify the breach to the satisfaction of the Department. 8. The contractor shall indemnify and hold the Department harmless from and against any claims of any character of all persons whomsoever which result directly or indirectly from the activities by the Contractors 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 & WILDLIFE DEPARTMENT By Michael E. Malone, C1ty Manager By January II, 1993 Date Date EXHIBIT "A" TO SERVICES AGREEMENT The City/County 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 2B20, 1.4 mile west of FM Road 79.