HomeMy WebLinkAboutResolution No. 2007-40 RESOLUTION NO. R2007-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS, AUTHORIZING THE MAYOR TO
EXECUTE AN INTERLOCAL AGREEMENT WITH THE CITY
OF BAYTOWN, TEXAS FOR REGIONAL STORM WATER
TRAINING FOR DEVELOPERS AND CONTRACTORS.
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD,TEXAS:
SECTION 1. That certain agreement by and between the City of Baytown and the City
of Friendswood regarding the provision of storm water training for developers and
contractors as to requirements for containing debris and silt on construction projects, 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 Mayor is hereby authorized to execute documents for and on
behalf of the City of Friendswood.
PASSED,APPROVED,AND RESOLVED this 17th day of December, 2007.
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D loris McKenzie, RMC u o
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INTERLOCAL AGREEMENT
FOR
STORM WATER EDUCATION
STATE OF TEXAS §
§
COUNTY OF HARRIS §
This Interlocal Agreement for Inspection Services for the Storm Water Education (the
"Agreement") is made and entered into pursuant to the Interlocal Cooperation Act by and between the
CITY OF BAYTOWN, a municipal corporation located in Harris and Chambers Counties, Texas, (the
"City") and THE CITY OF FRIENDSWOOD, a governmental body, organized and existing by virtue of
the laws of the State of Texas,(the"Participating Entity").
WHEREAS,the City received a grant from the Texas Commission on Environmental Quality for
regional storm water training in order to educate local developers and contractors about storm water
requirements for construction projects(the"Grant");and
WHEREAS, through the Galveston Bay Construction Alliance, the City and the Participating
Entity will create a Regional Storm Water Training Video for the construction industry;and
WHEREAS, the City will provide the Participating Entity with dedicated equipment for
education purposes associated with the training program under the terms and conditions specified herein;
NOW THEREFORE, the City and the Participating Entity, in consideration of the mutual
covenants,agreements and benefits herein contained,do mutually agree as follows:
I.
CITY'S RESPONSIBILITIES
1.01 Dedicated Equipment. The City will provide the following equipment to the Participating Entity
to be used solely for educational purposes associated with the Galveston Bay Estuary Program's
Regional Storm Water Training Project:
a. Television:
Size: 24"
Brand: Dynex 24"
Serial Number: 167500TQ2426H04939,and
b. VCR/DVD player:
Brand: Phillips
SerialNumber: NW1A0720109021
(the"Equipment"). The provision of equipment is expressly contingent upon the sufficient funds
received by the City pursuant to the above-referenced Grant.
Interlocal A�reement Page 1
1 A2 Inspection Ri�hts. The City will have the right to enter onto Participating Entity's premises
where the Equipment is kept to ensure that it is being maintained as required in Section 2.03
hereinbelow and that it is being used for the purposes of the Grant.
II.
PARTICIPATING PARTY'S RESPONSIBILITIES
2.01 Service Hours. The Participating Entity agrees to provide a minimum of 25 in-kind service hours
in furtherance of the purposes of the Grant.
2.02 Video. The Participating Entity agrees to require the viewing of the Regional Storm Water
Training Video as a condition precedent to obtaining a permit for construction subject to storm
water regulations; provided that an individual shall not be required to watch the video more than
once per twelve-month period.
2.03 Use and Maintenance of the Eauipment.
a. Use. The Participating Entity agrees that the Equipment will be dedicated to viewing the
Regional Storm Water Training Video in order to educate local developers and
contractors about storm water requirements for construction projects. The Equipment
must be available during all regular working hours for persons required to view the video.
b. Maintenance. The Participating Entity shall maintain the equipment in a good,
operating condition. The Participating Entity shall be responsible for all damage to the
Equipment other than damages caused by ordinary wear and tear or by manufacturer's
defects.
c. Notification. The Participating Entity shall notify the City in accordance with Section
5.04 within ten days of the date
(1) the Equipment becomes damaged to such an extent that it can no longer serve its
intended use as specified hereinabove;or
(2) the Participating Entity determines that it no longer desires to use the Equipment
as required herein.
2.04 Ins ections. The Participating Entity understands and agrees that the City may conduct
inspections at the Participating Entity's facilities without notice to ensure that the Equipment is
being used as required herein. Should the City determine that the Equipment is not being
appropriately used,the City may request that the Participating Entity either return the Equipment
or commence using the Equipment for its intended use.
III.
TERM AND TERMINATION
3.01 Term. Except as otherwise provided herein, this Agreement is effective on the date the CiTy
signs this Agreement and continues thereafter for an initial term of one year. Thereafter the
Interlocal A�reement Page 2
Agreement will be automatically renewed for consecutive one-year periods unless otherwise
terminated in accordance with Section 3.02.
3.02 Termination. This Agreement may be terminated after the initial one-year period with or without
cause by either party upon (60) days' prior written notice. Upon termination of this Agreement,
the Participating Entity may retain the Equipment and use it for a governmental purpose;
provided that another Participating Entity has not requested the same. If such a request has been
received by the City or the Participating Entity,the Participating EntiTy agrees that it shall deliver
or cause to be delivered at the expense of the requesting Participating Entity the Equipment.
IV.
PAYMENTS FROM CURRENT FUNDS
The City and the Participating Entity agree that each will pay for all expenses associated with this
Agreement for which it is responsible from then current revenues available to each entity.
V.
MISCELLANEOUS PROVISIONS
5.01 Entire Agreement. This instrument contains the entire Agreement between the parties
relating to the rights hereunder granted and the obligations herein assumed. Any oral representation or
modification concerning this Agreement shall be of no force or effect, excepting a subsequent
modification in writing signed by all parties hereto.
5.02 Compliance with Anplicable Laws. The Participating Entity and the City shall comply
with all rules, regulations, and laws of the United States of America, the State of Texas, and all laws,
regulations, and ardinances of the City of Baytown as they now exist or may hereafter be enacted or
amended.
5.03 Assi nment. The Participating Entity may not sell or assign all or part interest in
activities to another party or parties without the express written approval of the City Manager of such sale
or assignment.
5.04 Notices. Except as otherwise provided herein, all notices required to be given hereunder
shall be given in writing either by telecopier, overnight, or facsimile transmission, certified or registered
mail at the respective addresses of the parties set forth herein or at such other address as may be
designated in writing by either party. Notice given by mail shall be deemed given three(3) days after the
date of mailing thereof to the following addresses:
PARTICIPATING ENTITY
City of Friendswood
Attn:City Manager
910 S.Friendswood Drive
Friendswood,TX 77546
Fax No.:281-482-3722
Interlocal A�eement Page 3
CITY
City of Baytown
Attn: City Manager
P.O.Box 424
Baytown,TX 77522
FaY No.(281)420-6586
5.05 Non-waiver. Failure of either party hereto to insist on the strict performance of any of
the agreements herein or to exercise any rights or remedies accruing thereunder upon default or failure of
performance shall not be considered a waiver of the right to insist on and to enforce by an appropriate
remedy, strict compliance with any other obligation hereunder to exercise any right or remedy occurring
as a result of any future default or failure of performance.
5.06 Governing Law. This Agreement shall in all respects be interpreted and construed in
accordance with and governed by the laws of the State of Texas and the City,regardless of the place of its
execution or performance. The place of making and the place of performance for all purposes shall be
Baytown,Harris County,Texas.
5.07 Severabilitv. All parties agree that should any provision of this Agreement be determined
to be invalid or unenforceable, such determination shall not affect any other term of this Agreement,
which shall continue in full force and effect.
5.08 No Ri�ht to Arbitration. Notwithstanding anything to the contrary contained in this
Agreement, the City and the Participating Entity hereby agree that no claim or dispute between the City
and the Participating Entity arising out of or relating to this Agreement shall be decided by any arbitration
proceeding including, without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C.
Sections 1-14), or any applicable State arbitration statute, including,but not limited to,the Texas General
Arbitration Act, provided that in the event that the City is subjected to an arbitration proceeding
notwithstanding this provision,the Participating Entity consents to be joined in the arbitration proceeding
if the Participating Entity's presence is required or requested by the City of complete relief to be recorded
in the arbitration proceeding.
5.09 No Third Partv Beneficiaries. This Agreement shall not bestow any rights upon any third
party,but rather,shall bind and benefit the Participating Entity and the City only.
5.10 Headin�s. The article and section headings are used in this Agreement for convenience
and reference purposes only and are not intended to define, limit or describe the scope or intent of any
provision of this Agreement and shall have no meaning or effect upon its interpretation
5.11 Ambi�uities. In the event of any ambiguity in any of the terms of this Agreement, it shall
not be construed for or against any party hereto on the basis that such party did or did not author the same.
5.12 A�reement Read. The parties acknowledge that they have read, understand and intend to
be bound by the terms and conditions of this Agreement.
5.13 Authoritv. The officers executing this Agreement on behalf of the parties hereby
represent that such officers have full authority to execute this Agreement and to bind the party he/she
represents.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies,
each of which shall be deemed to be an original, but all of which shall constitute but one and the same
Agreement on the 17 day of December , 200 7, the date of execution by the City
Manager of the City of Baytown.
CITY OF FRIENDSWOOD CITY F A
VID J. . S ITH GARRISO .BRUMBACK
Mayor City nager
Date: 12/17/07 Date: �/ o
ATTEST: ATT T:
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D LORIS MCKENZIE ��6� TIc -�-
City Secretary City Clerlc���' .I
Date: 12/17/07 Date: �� ��/ ,�'.,�
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