R2002-0196 12-09-02RESOLUTION NO. R2002,196
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A CONTRACT AMENDMENT WITH ECO RESOURCES, INC.,
FOR PROVISION OF METER READING SERVICES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract amendment by and between the City of Pearland
and ECO Resources, Inc., a copy of which is attached hereto as Exhibit "A" and made a
part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a contract amendment with ECO Resources, Inc., for
provision of meter reading services.
PASSED, APPROVED and ADOPTED this the 9th dayof
A.D., 2002.
Decemher ,
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
R2002-196
ADDENDUM TO A PROFESSIONAL SERVICE CONTRACT
BETWEEN THE CITY OF PEARLAND AND ECO RESOURCES, INC.
(Exhibit "A" to Resolution No. R2002-196)
This Agreement is entered into this 1~9t~ day of ~EDD ~c'?.f , 2002, by and between the CITY
OF PEARLAND, TEXAS, (hereinafter "PEARLAND"), and ECO RESOURCES, INC. (" ECO").
WHEREAS, A Professional Service Contract was executed between the City of Pearland and
ECO Resources on July 3, 2001; and
WHEREAS, Pearland has since moved forward with plans to transition from its current visual
and touch pad water meter system to an Automatic Radio Read System; and
WHEREAS, Pearland and ECO desire tc~ amend the existing Professional Service Contract to
accommodate Pearland's transition to the Automatic Radio Read SYstem.
WITNESSETH:
NOW THEREFORE, in consideration of the foregoing premises and other good and valuable
consideration, the receipt of which is hereby acknowledged, it is hereby agreed as follows:
Article VI. COMPENSATION, ADJUSTMENTS, AND BILLING, Section B of the
agreement is amended to read as follows:
B. Annual Adjustments in Monthly Compensation for Base Contract Services On the
beginning date of the second Contract Year and on the beginning date of every succeeding Contract
Year of this Agreement, the monthly compensation to be paid by PEARLAND to ECO for Base
Contract Services shall be adjusted by adding thereto an amount determined by multiplying $0.71 times
the total number of water meter connections added to that portion of the Water Utility located within
PEARLAND's Water Utility during the preceding Contract Year. However, once PEARLAND
transitions to an Automatic Radio Read System, as outlined in Article VII.A., the monthly
compensation to be paid by PEARLAND to ECO for Meter Reading Services shall be detemfined by
multiplying $0.664 cents times the total number of water meters read for the previous month.
2. Article VII. TERM AND TERMINATION, Section A of the agreement is amended to
read as follows:
A. Term. It is contemplated that PEARLAND, will ultimately transition from its current
visual and touch pad water meter reading system to an Automatic Radio Read System. Therefore,
this Agreement shall be effective on August 1, 2001, and shall remain in effect until
PEARLAND notifies ECO, in writing, that all water meters in the City have been converted to an
Automatic Radio Read System, but in no event shall this contract remain in effect beyond July 31,
~ Wherever this Contract specifies that ECO will perform any act or acts in a Contract
Year, ECO's obligation to perform the act or acts shall begin with the first Contract Year following
the effective date of this Agreement.
3. The effect of this Addendum is limited to the terms above and all other terms of the
original Agreement endure as previously agreed. This Agreement may only be amended,
modified, or supplemented by written agreement and signed by all parties.
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IN WITNESS WHEREOF, the Parties have duly executed this Agreement pursuant to all
requisite authorizations as of the date first above written:
CITY:
CITY OF PEARLAND, TEXAS, a home rule
municiPality ·
By: (/Y)~'
Mayor
ATTEST:
COUNTERSIGNED:
City Manager
Date countersigned:
APPROVED AS TO FORM:
City Attorney
'Date:
ECO ~d~, INC.
Title: '?r_.~o.dq~.
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