HomeMy WebLinkAboutResolution - 2002-R0460 - Interlocal Cooperative Agreement - TX Dept. Of Mental Health - 10/24/2002Resolution No. 2002-RO460
October 24, 2002
Item No. 29
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, an Interlocal Cooperative
Agreement, by and between the City of Lubbock and the Texas Department of Mental
Health Mental Retardation (TDMHMR), and related documents. Said Agreement is
attached hereto and incorporated in this Resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
Passed by the City Council this 24th day of October 2002.
ATTEST:
'Q-&, _ -,
Rebecca Garza _—
City Secretary
APPROVED AS TO CONTENT:
ZE
lerbr ook
ing Director of Public Works
APPROVED AS TO FORM:
'f,,�, __.._..
William de Haas
Contract Manager/Attorney
CCdocs/kb/MHMRbackflow. res
October 23, 2002
as
Resolution No. 2002-80460
October 24, 2002
Item No. 29
INTERLOCAL COOPERATIVE AGREEMENT
BETWEEN
CITY OF LUBBBOCK AND THE
TEXAS DEPARTMENT OF MENTAL HEALTH MENTAL RETARDATION
This Interlocal Cooperative Agreement, ("Agreement"), between the City of
Lubbock ("City"), a Texas Municipal Corporation and the Texas Department of Mental
Health Mental Retardation ("TDMHMR'), an agency of the State of Texas for the
construction of a ten inch backflow assembly, is made and entered between the parties
October 24, 2002, ("Effective Date"). This agreement is authorized pursuant to Texas
Government Code §791.011 et. seq.
WHEREAS, City has determined that it is in the best interest of the City of
Lubbock to construct a ten -inch backflow assembly for TDMHMR, and
WHEREAS, TDMHMR has authority as a state agency of the State of Texas to
enter into this interlocal agreement; and
NOW THEREFORE, for and in consideration of the mutual covenants herein, the
parties mutually agree as follows:
SCOPE OF SERVICE:
A. City Responsibilities:
City agrees to construct a ten -inch backflow assembly for TDMHMR at
property located at 3401 North University, Lubbock, Texas.
B. TDMHMR Responsibilities:
1. TDMHMR shall reimburse the City, not to exceed Sixty Thousand
Five Hundred and no/100 Dollars, for the cost of design, construction,
and inspection of the ten -inch backflow assembly at 3401 North
University Lubbock, Texas.
2. TDMHMR agrees that if any unforeseen circumstances that cause the
City's costs or expenses related to this project to exceed Sixty
Thousand Five Hundred and no/100 Dollars that both parties agree to
negotiate in good faith the additional costs or expenses.
Interlocal Cooperative Agreement
City of Lubbock and MHMR
Page 1 of 2
II. GENERAL CONDITIONS:
A. Compliance:
Both TDMHMR and City agree to comply with all applicable federal,
state and local laws and regulations.
B. Independent Contractor:
Nothing contained in this Agreement is intended to, or shall be construed
in any manner, as creating or establishing the relationship of
employer/employee, and/or any type or form of agency, between the
parties.
C. Hold Harmless:
To the extent authorized by the Constitution and laws of the State of
Texas, TDMHMR shall indemnify and hold City harmless against
any and all claims, demands, damages, costs and liabilities
incurred by City which directly or indirectly result from, or arise in
connection with, any negligent act or omission of TDMHMR or its
employees, pertaining to its activities and obligations under this
Agreement.
2. City shall indemnify and hold TDMHMR and its employees harmless
against any and all claims, demands, damages, costs and liabilities
which directly or indirectly result from, or arise in connection with,
any negligent act or omission of City, its agents or employees,
pertaining to activities and obligations under this Agreement.
D. Amendments:
The City or TDMHMR may amend this Agreement at any time, provided
that such amendments make specific reference to this Agreement, and are
executed in writing, signed by a duly -authorized representative of both
organizations and approved by the City Council if required by law. Such
amendment shall not affect or invalidate the provisions of this Agreement,
nor relieve nor release the City or TDMHMR from its obligations under
this Agreement.
E. Revenues:
Interlocal Cooperative Agreement
City of Lubbock and MHMR
Page 2 of 2
The City agrees hereto that all payments to this Agreement must be made
from current revenues available to the City pursuant to Section 791.011 of
the Government Code.
EXECUTED as of the Effective Date.
CITY OF LUBBOCK
ATTEST:
i� '-Q& 'Ne 4-1� -
Rebecca Garza
City Secretary
APPROVED AS TO CONTENT:
erry E erbrook
Managing Director of Public Works
APPROVED AS TO FORM:
'A 4 /vr�
William de Haas
Contract Manager/Attorney
TEXAS DEPARTMENT OF MENTAL
HEALTH AND MENTAL
RETARDATION
KAREN F. HALE
COMMISSIONER
Interlocal Cooperative Agreement
City of Lubbock and MHMR
Page 3 of 2