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HomeMy WebLinkAboutC2007-279 - 8/28/2007 - ApprovedINTER~OCA~AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE WEST OSO INDEPENDENT SCHOOL DiSTRICT This Interlocal Agre~m~nt is entered into by and between the City of Corpus Christi, Texas ("City") and the West Oso Independen# Schoof District ("W~ISD"), collectively known as the ~Parties". Recftals The Parties recognize that an underage drinlcing problem exis#s in the impac#ed area. The Parties wan# to achie~e the common goal of reducing underage drinki~g by increasing enforcement ac#ivities regarding #he sale of alcohol to minors, increasing p~ablicity of undetage drinking laws, and enhancing awareness of personal Gability ir~ regards to adults pro~idi~g alcoi~ol to underage drinkers. N4W, THEREFORE ir~ considerat~on of ti~e mutual covenants in this Agreement, the participating loca~ go~ernmer~#s, authonzed by appropriate actions o# their goveming bodies and pursuant to the terms of Texas Go~err~mer~# Code, Section 791.00~ et seq., hereby agree as follows: 1. Purpose. The purpose of this Agreement is to provide a framework by which the Parties w~ll ac~ieve their stated goal of increasing enforcement and awareness activities with regard to underage drinking. 2. Scope of Services. Tf~e City wili proWide WOISD #unding ir~ the amount of $2,000 and WOISD will use #he funds to carry aut acti~ities associated with achie~ing the stated goal. A W~ISD representatiw~ will be required to attend mo~thly meetir~gs and repbrt th~ progress of the inifiative. Receipts for expendi#ures using the provided funds shalf be fcept and submitted back #o the City. 3. Impfementation_ The Parties, and t~eir designees, are authorized and directed to take atl steps necessary or cor~venient to imp~ement this Agreement. 4. Warranty. The Agreement has been offieially authorized by #he go~erning body o# each Party, and eac~ signatory to this Agreemen# guarantees and warran#s that the signa~ory has ful! au#hority fo exec~ate this Agreement and to legally bind their respective Party to t~is Agreement. 5. ExpendiRg F~r-ds. Each Party which performs serv~ces under this Agreement will do so with funds a~ai~able from current re~enues of the Party. No Party shall ha~e any liab~li#y for the failure to expend funds #o pro~ide aid under this Agreement. 6. Term af Agreement. a. This Agreement shall become effective as to each P~rty when approv~d and exec~ted by that Party. ~ 2007-279 • 08/28/07 Res. 0273$1 West Osa ISD b. Qnce approved by al# Part#es, the term of this agreement wi#I expire ~apon 90 days written notice o~ either party. c. Termination of participation in this Agreement by any Party does not affect the continued opera#ion of this Agreement betweer~ ar~d among the remaining Parties, ar~d this Agreement shall continue in #orce and remain binding on #he remaining Parties. 7. Oral and Written Agreements. AII oral or written agreements between #he parties relating to the subject matter of this Agreement, which were devefoped prior to the execution of this Agreement, ha~e been reduced to writi~g and are contained in this Agreement. 8. Entire Agreement. This Agceement, including Attachments, represents the entire Agreemen# between the Parties and supe~sedes any and all prior agreements betw~en the parties, whether writter~ or oral, relatir~g to the subjec# of this agreement. 9. Interlocal Cooperation Act. The Parties agree that act~~ities contemplat~d by this Agreemen# are "go~ernmental functions and services" and #hat the Parties ar~ "local go~ernmer~ts" as #hat term is de€ined ir~ t~e Interlocal Cooperatio~ Act. 10. Severabil~ty. If any pro~ision of this Agreement is held in~a~id for any reasor~, the ir~validity does not affect other pro~isions of the Agreement, which can be given eff~ct without the in~alid pro~ision. To #his end ti~e remaining prv~isior~s of this Agreement are se~erable and continue in #ull €orce and effe~t. 11. Vafidity and Enforceability. Ifi any current or f~ture lega! I~mitations affect the validity or en#orceability of a provision of this Agreement, the~ the legal limitations are made a part of this Agreement and shal) opera#e to amend th~s Agreement to tfite minimum extent necessary to bring this Agreement into conformity with the requiremen#s of ~he limitations, and so modified, this Agreement continue in full force and effect. '12. Not for Bene~it of Third Parties. This Agreement and al~ acti~i#ies under this Agreement are salely for the benefit of tF~e Parties and not the beneft of any third party. 13. ~mmunity not Wai~ed. NothEng in this Agreemer~t is intended, nor may it be deemed, to waive any go~ernmental, vfficiai, or o#her immuni~y or defense of any of the Parties v~ their officers, empioyees, representati~es, and agen~s as a result of the execution of this Agreement ar~d the performance of the couenants contained in this Agreemen#. '~4. Civil Liability ta Third Parties. Each Responding Party will be responsible for any ci~il liabiGty #or its own actions under this Agreement, ar~d will determine what ~~vel, if any, of ir~surance or self-insurance it should maintain fo~ suc#~ situa#ions. 15. No Liability of Parties to 4r~e Another. One Party may not be responsibl~ and is not c~~illy liable to another for not respor~ding, or for responding at a pa~tic~lar leve! o# resources or in a particular manner. Each Party to this Agreement wair-es afl claims against the other Parties ta this Agreeme~t #or compensation for any ~oss, damage, personal injury, or death occurring as a consequence of #he performance of tt~is Agreement, except those caused in whole or in part by the negligence of an officer, empfoyee, or agent of ano#her Party. 16. Notices. a. Notices under ~his agreement may be delivered by mail as fiollows: City: City of Corpus Cfiristi Attn: City Manager P.4. Box 9277 Corpus Chris#i, Texas 78469-9277 WOISD: West Oso Independent School Dis#rict Attn: 4ffice of the S~perir~tender~t 5050 Rockford Dri~e Corpus Christi, Texas 78416 b. The par#ies to this agreement may specify to the other parly in writing. 17. Cap#ions. Captions to pro~isions of ~his Agreemer~# are ~or con~enience and sMall no# be considered in the interpre#atfan of the provisions. 18. Gaverning Law and Venue. This Agreemer~t sf~all be govemed by the laws of the State of Texas. Venue fior an actior~ arising under this Agreement shall be in accordance with the Texas Rules of Civil Procedure. Executed in duplicate originals this th day of , 2QQ7. City f Corpus Chrtsti eorge K. Noe City Manager Attest: Armando Chapa CiEy Secretary West ~so Independ School Dis#rict ~~ Dr. Cra rd H. elms, Ed.D. Superin ~dent A~t t: am /Title ~u2~3~ ~~r~~~« sr ~ou~rciE.~ s~~,