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HomeMy WebLinkAbout028811 RES - 10/26/2010RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL AGREEMENT WITH NUECES COUNTY, TEXAS TO ALLOW FOR NUECES COUNTY TO SECURE GOODS AND SERVICES UNDER A DISASTER RECOVERY CONTRACT COMPETITIVELY PROCURED BY THE CITY OF CORPUS CHRISTI WHEREAS, the City of Corpus Christi, Texas and Nueces County, Texas desire to enter into an Interlocal Agreement under the Texas Interlocal Cooperation Act (Tex gov't code ann. §791.001. et seq.) to allow Nueces County to secure goods and services under a disaster recovery contract competitively procured by the City of Corpus Christi; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to execute an Interlocal Agreement with Nueces County, Texas to allow Nueces County to secure goods and services competitively procured by the City of Corpus Christi. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED AS TO FORM:13-Oct-10 f Veronica Ocanas Assistant City Attorney for City Attorney Joe A ame Mayor 028811 C:\DOCUME-1WERONI-11LOCALS-11Temp1XPgrpwise1101310 - RESO for Interlocal with Nueces CountyR-1-10-20-10.DOCX 1 OF 2 INDEXED p{ ? day of t9e, 2010. The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott a(1 f4SaCf- 028811 C:iDOCUME-1IVERONI-1tLOCALS-11TempIXPgrpwise1101310 - RESO for interioeQI with Nueces CountyR-1-10-20-10.DOCX 2 OF 2 INTERLOCAL AGREEMENT BETWEEN THE COUNTY OF NUECES AND CITY OF CORPUS CHRISTI THE STATE OF TEXAS § COUNTY OF NUECES § This Agreement made this the 5`- day of " '"' , 2010, between the COUNTY OF NUECES, TEXAS, a political subdivision of exas ("County"), and the CITY OF CORPUS CHRISTI, a Texas home -rule municipal corporation located in Nueces County, Texas ("City"). WITNESSETH Pursuant to the authority granted by the Texas Interlocal Cooperation Act (Tex Gov't Code Ann. §791.001. et seq.) providing for the cooperation between local governmental bodies, the parties hereto, in consideration of the premises and mutual promises contained herein agree to as follows: I. County hereby designates its Purchasing Agent to act under the direction of and on behalf of County in coordinating provision of EOC Emergency Response Services, pursuant to City's service agreement with GARNER ENVIRONMENTAL SERVICES, INC. ("Contractor") under City's Bid Invitation No. BI -0217-07 (attached and incorporated herein as Exhibit "A") which was let in accordance with Chapter 252 of the Texas Local Government Code (substantively comparable to Chapter 262 of the Texas Local Government Code) and all other applicable laws, and agreements, comprised of the following Exhibits, attached and incorporated herein for all intents and purposes: (1) Bid Invitation No. BI -0217-07 .. (Exhibit "A') (2) Sole Response to Bid Invitation No. BI -0217-07 (Exhibit 'B,) (3) Service Agreement No. SA08-003 (Exhibit "C') (4) Contractor's commitments to allow County third -party status (to be treated the same as City, under all terms and conditions as set forth hi that certain agreement) .(Exhibit "D') IL By execution of this Agreement, County agrees to pay the Contractor subsequent to provision of the commodity or service and in compliance with the stipulations set forth for same in the Agreement, including, but not limited to, receipt of a proper invoice, submitted to County, showing an amount based upon the unit pricing detailed in the attached Agreement. Neither City nor County shall assume any responsibility or liability to pay for materials or services purchased for the benefit of the other entity. County's payment for the Contractor's services required by this Article shall be made from current, available revenues. Furthermore, both parties agree that the payment required herein fairly compensates City for any services or functions required to be performed under this Agreement. In obtaining the services of the Contractor through City, County has relied solely on its own inspections, investigations and due Page 1 of 2 diligence regarding the services and County acknowledges that City has made no representations or warranties expressed or implied with respect to the products or services to be provided. III. TMs Agreement shall take effect upon execution by both signatories, and shall serve as each governmental body's commitment pertaining to purchases of the services referenced in Article I hereof. This Agreement has been authorized by the governing bodies of the parties hereto. IV. This Agreement shall be in effect from and after the day of , 2010, the date of execution by County. CITY OF CORPUS CHRISTI NUECES COUNTY by: by: ANGEL R. ESCOBAR SA Et. LOYD CITY MANAGER COUNTY JUDGE CONCUR: CONCUR: by: by: -r MICHAEL BARRERA ELSA N. SA ASSISTANT DIRECTOR, FINANCIAL SERVICES PURCHASING AGENT ATTEST: ATTEST: by: - by: ARMANDO CHAPA, CITY SECRETARY DIANA BARRERA, COUNTY CLERK APPROVED AS TO FORM: APPROVED AS TO FORM: for the City Attorney by: VERONICA OCANAS ASSISTANT CITY ATTORNEY COUNTY ATTORNEY Page 2 of 2