R2011-126 - 2011-10-24A 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 24 day of October, A.D., 2011.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
RESOLUTION NO. R2011 -126
TOM REID
MAYOR
INTERLOCAL AGREEMENT
Exhibit "A"
Resolution No. R2011 -126
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, 2011, and shall expire on September
30, 2012
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 recycle 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 and Bases
Oxidizers Pool Chemicals
Household hazardous waste products continued:
Lead Acid Batteries
NiCad (Nickel Cadmium) Batteries
Mercury Batteries
Lithium Batteries
Motor Oil
Car Fluids
Latex Paint
Oil Based Paint
III.
CONSIDERATION FOR SERVICES
3.1 Friendswood shall pay the City of Pearland a total of' $8,000.
3.2 If Pearland fulfills the requirement 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.
3.4 If this agreement is terminated pursuant to section 4.1 prior to the expiration of
the term set forth above, Friendswood shall be entitled to a pro rata
reimbursement of any funds not used by the cancellation date.
IV.
DEFAULT AND TERMINATION
4.1 Either Party may terminate this Agreement prior to the expiration of the tern set
forth above, with or without cause, upon a 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 default and thirty (30) days
to cure. If the default is not cured within thirty (30) days, the non defaulting party
is authorized to terminate the 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 address:
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
3519 Liberty Drive
Pearland, TX 77581
Attn: City Manager
5.2 Either party 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 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.
City of Friendswood:
ATTEST:
ATTEST:
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.
Mayor, City of Friendswood
Melinda Welsh, TRMC
City Secretary
City of Pearland:
J as
Ye i gLor
Secrry
10/17/11
Date
By: 1(7-- �d -2a
Tom Reid Date
Mayor, City of Pearland