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R2003-0141 09-29-03RESOLUTION NO. R2003-141 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 29th dayof A.D., 2003. September MAYOR ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Exhibit "A" Resolution No. R2003-141 ADDENDUM TO A PROFESSIONAL SERVICE CONTRACT BETWEEN THE CITY OF PEARLAND AND ECO RESOURCES, INC. (Exhibit "A" to Resolution No. R2003-141) This Agreement is entered into this 29th day of September ,2003, 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 to 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 prenfises and other good and valuable consideration, the receipt of which is hereby acknowledged, it is hereby agreed as follows: 1. 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 ~"'~; ........ ~ ~,,~, **,; .... ,,.~,, .... ;~ ;~ ~cc~ ~, ..... ~ T,,~,, ~ ~n~ ~,,~v ........ 20, 2003. 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. 2. 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. 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 municipalitYBy: <Z2~ ~)f-~ Mayor ATTEST: COUNTERSIGNED: City Manager Date countersigned: /d- g'- APPROVED AS TO FORM: City Attorney Date: /a.. 6- ECO P~CE~. Title: '~,,~. 2