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R2009-144 - 2009-08-31RESOLUTION NO. R2009-144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF FRIENDSWOOD. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain interlocal agreement by and between the City of Pearland and the City of Friendswood, 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 an interlocal agreement with the City of Friendswood. PASSED, APPROVED and ADOPTED this the 31St day o Au ust, A.D., 2009. ~~ ~ TOM REID MAYOR ATTEST: YO G L N~, CI SE ETARY APPROVED AS TO FORM: o:• M? ,~, . DARRIN M. COKER CITY ATTORNEY Exhibit "A" Resolution No. R2009-144 INTERLOCAL AGREEMENT THIS AGREEMENT is made and entered into by and between City of Friendswood, Texas, a home rule municipality (Friendswood) and the City of Pearland, Texas, a home rule municipality (Pearland), each acting through their respective governing bodies. RECITALS: This agreement is made pursuant to chapter 791 of the Texas Government Code, which authorizes contracts between local governments for the performance of governmental functions and services; and The purpose of this Interlocal Agreement is to define the terms under which citizens of Friendswood may utilize Pearland's recycling facility for the purpose of disposing household hazardous waste products. NOW THEREFORE, Friendswood and Pearland, in consideration of the mutual covenants and agreements herein contained, mutually agree as follows: TERMS: I. TERM 1.1 This Agreement shall begin on October 1, 2009, and shall expire on September 30, 2010. 1.2 This Agreement may be extended for an additional one-year term, upon mutual consent of the parties hetero. II. SERVICES 2.1 Pearland agrees to provide the following services: (1) Allow Friendswood residents to bring up to 10,000 pounds of household hazardous waste products (approximately 100 Friendswood residents @ 100 pounds each) to the Pearland recycling facility located at 5800 Magnolia in Pearland, Texas. 2.2 Household hazardous waste products shall include the following items: Flammables and Combustibles -Liquids and Solids Poison -Liquids and solids Corrosives -Acids & Bases Oxidizers -Pool Chemicals Lead Acid Batteries NiCad (Nickel Cadmium) Batteries Household hazardous waste products continued: Mercury batteries Lithium batteries Motor Oil Car Fluids Latex Paint Oil Based Paint III. CONSIDERATION FOR SERIVCES 3.1 Friendswood shall pay the City of Pearland a total of $5,625. 3.2 If Pearland fulfills the requirements in 2.1 before the end of the term of this Agreement, the parties may agree on additional compensation or terms to allow the service to continue until the end of the Agreement term. 3.3 If fewer than 100 Friendswood residents use the program, Pearland shall still be entitled to the consideration in section 3.1, with no pro-ration required. IV. DEFAULT AND TERMINATION 4.1 Either party may terminate this Agreement prior to the expiration of the term set forth above, with or without cause, upon thirty (30) days prior written notice to the other party. 4.2 If either party defaults in any obligation in this Agreement, the non-defaulting party shall provide the defaulting party with notice of the default and thirty (30) days to cure. If the default if not cured within the thirty (30) days, the non-defaulting party is authorized to terminate this Agreement without notice. V. NOTICE 5.1 Any notice required to be given under the provisions of this Agreement shall be in writing and shall be duly served when it shall have been deposited, enclosed in a wrapper with the proper postage prepaid thereon, and duly registered or certified, return receipt requested, in a United States Post Office, addressed to the parties at the following addresses: To the City of Friendswood: City of Friendswood 910 S. Friendswood Drive Friendswood, TX 77546 Attn: City Manager To the City of Pearland: City of Pearland 3 519 Liberty Drive Pearland, TX 77581 Attn: City Manager 5.2 Either pay may designate a different address by giving the other party ten days' written notice. VI. MERGER 6.1 The parties agree that this Agreement contains all of the terms and conditions of the understanding of the parties relating to the subject matter hereof. All prior negotiations, discussions, correspondence and preliminary understandings between the parties and others relating hereto are superseded by this Agreement. VII. MISCELLANEOUS 7.1 This instrument contains the entire Agreement between the parties relating to the rights granted and the obligations assumed. Any oral or written representations or modifications concerning this instrumental shall be of no force and effect excepting a subsequent modification in writing signed by both parties. 7.2 This Agreement may be executed in multiple counterparts, each having equal force and effect of an original. 7.3 This Agreement is not in effect until it has received the approval of the governing bodies and been executed by both parties hereto. 7.4 Any expenditure made pursuant to this Agreement by either party hereto shall be from current revenues, as required by the Interlocal Cooperation Act §791.011(d)(3) of the Texas Government Code. City of Friendswood: By: -~ vi J. .Smith Mayor, City of Friendswood ATT v eloris McKenzie, TRMC City Secretary _ CITY OF PEARLAND: By:~ ~(d1 Tom Reid Mayor, City of Pearland ATTEST: Y ng Lor g, C ~~c ~. ~.- t Secre y ~~ ~ 9 Date F F R~EpO ~O O v ~F OF '~~~ T` :ZoO f Date : .`` .3 " CITY OF FRIENDSWOOD , pi e H :; 1©x 1';-: 1EXA:t- August 19, 2009 Ms. Michelle A. Smith Director of Parks and Recreation City of Pearland 3519 Liberty Drive Pearland, TX 77581-5416 Re: Fulfillment of Interlocal Agreement for Household Hazardous Materials Dear Ms. Smith: We are in receipt of your letter dated July 28, and we understand that Friendswood has once again reached our Household Hazardous Waste limit per our current contract. Your e-mail that you sent to me on August 13 confirms that Pearland has received our check in the amount of $1,875 for the disposal of another 5,000 pounds of materials that is intended to cover our residents' HHW disposal at your facility until October 1, 2009. Our City Council recently voted to enter into the new Interlocal Agreement that we have been discussing. As you know, this new agreement will pay Pearland $5,625 for 10,000 pounds of Household Hazardous Materials, while also realigning the annual contract terms with our annual operating budget (October 1-September 30). Two original copies of this new Interlocal Agreement from the City of Friendswood are attached to this letter and are ready for your City's signature. Once your City has signed the agreements, please return one original back to our City Secretary's office. - In addition, at our City Staffs request, our City Council authorized us to give formal notification to the City of Pearland that we wish to terminate the current Interlocal Agreement. Therefore, please also accept this letter as formal notification that the City of Friendswood wishes to terminate our current Interlocal Agreement for Household Hazardous Waste Disposal Services, pursuant to Section 4.1 of the current contract. We ask that you indicate in writing your mutual acknowledgment of the cancellation of this contract at your earliest convenience. CITY MANAGER'S OFFICE 910 S.FRIENDSWOOD DR. FRIENDSWOOD,TX 77546 281-996-3250 PHONE 281-482-3722 FAX Ms.Michelle Smith August 19,2009 Page Two We look forward to continuing this successful program with Pearland and continuing with another one-year agreement effective October 1. Should Pearland approve this new contract, we will be sending a check in the amount of$5,625 as soon as we receive an executed copy of the contract from the City of Pearland. Thank you again for your help through this process. Sincerely, /t,,1 /.. ---- Nick Haby Assistant to the City Manager Enclosures cc: Roger C. Roecker, City Manager