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HomeMy WebLinkAbout028670 RES - 07/06/2010Page f of 2 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH THE CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY FOR USE OF FUELING FACILITIES NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager is authorized to execute an interlocal cooperation agreement with the Corpus Christi Regional Transportation Authority for use of fueling facilities. SECTION 2. The City Manager is authorized to make editorial and non -substantive modifications and execute amendments to the interlocal cooperation agreement without the further approval of the City Council that do not require the appropriation of additional funds or exceed the City Manager's authority to amend contracts, including, but not limited to, time extensions, modifications to schedule, modifications in scope of work, and any changes dictated by entities providing grant funding for the project. ATTEST: Armando Chapa City Secretary APPROVED: 30th day of June, 2010. R. > R ening First A istant City Attorney For City Attorney THE CITY OF CORPUS CHRISTI M -Fad -0414E Joe Ada Mayor 028670 InterrocalRESOLUTION -- RTA Fueling Facilities 06302010 ininIYFn Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry G. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott 028£70 lnterlocalRESOLUTION -- RTA Fueling Facilities 06302010 Page'2 of 2 ' INTERLOCAL AGREEMENT FOR USE OF FUELING FACILITIES This Interlocal Agreement is entered into by and between the City of Corpus Christi, Texas ("City") and the Corpus Christi Regional Transportation Authority ("RTA"). Recitals NOW, THEREFORE in consideration of the mutual covenants in this Agreement, the participating local governments (the "Parties"), authorized by appropriate actions of their governing bodies, hereby agree as follows: 1. Purpose. The purpose of this Agreement is to allow the parties to use the other parties fueling facilities in situations where their own fueling facilities are inoperable. 2. Scope of Services. The services to be performed by the City and RTA are: a. If a party's fueling facilities are inoperable, and the party is unable to fuel its vehicles at its facilities, the party may take their vehicles to the other party's facilities and fuel their vehicles at that facility. b. The party fueling a vehicle shall reimburse the party providing the fuel at the price the party providing the fuel charges its own vehicles. c. Each party will bill the other party using the party's normal billing processes, and the other party will pay the fuel charges within the time period normally allowed for payment. 3. Other Agreements, Supplementary Agreements and Protocols. The Parties are encouraged to enter into additional agreements and protocols governing other operations of mutual interest. Operating departments of the Parties (for example, fire and police) are authorized and encouraged to enter into specific emergency protocols with their counterparts to enhance coordination in providing needed public services. 4. Implementation. The City Manager and Chief Executive Officer are authorized and directed to take all steps necessary or convenient to implement this Agreement, and shall cooperate in developing a plan for the implementation of the activities provided for in this Agreement. 5. Participation Notice. Each Party shall notify the other Parties its participation in this Agreement by furnishing an executed original of the attached Participation Notice. 6. Warranty. The Agreement has been officially authorized by the governing body of each Party, and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind their respective Party to this Agreement. Page 1 of 6 10 Fueling Services 0617 7. Federal and State Participation. Federal and state entities and other local governments may participate in this Agreement, to the extent of any limitations of their authority, by furnishing an executed original of the attached Participation Notice to the City. 8. Expending Funds. Each Party which performs services under this Agreement will do so with funds available from current revenues of the Party. No Party shall have any liability for the failure to expend funds to provide aid under this Agreement. 9. Term of Agreement. a. This Agreement shall become effective as to each Party when approved and executed by that Party. b. Once approved by all Parties, this Agreement shall be for a term of one year, and shall be automatically renewed annually, unless any party its participation by giving written notice to the other parties at least sixty days before the end of each annual term. c. Termination of participation in this Agreement by any Party does not affect the continued operation of this Agreement between and among the remaining Parties, and this Agreement shall continue in force and remain binding on the remaining Parties. 10. Oral and Written Agreements. All oral or written agreements between the parties relating to the subject matter of this Agreement, which were developed prior to the execution of this Agreement, have been reduced to writing and are contained in this Agreement. 11. Entire Agreement. This Agreement, including Attachments, represents the entire Agreement between the Parties and supersedes any and all prior agreements between the parties, whether written or oral, relating to the subject of this agreement. 12. Interlocal Cooperation Act. The Parties agree that activities contemplated by this Agreement are "governmental functions and services" and that the Parties are "focal governments" as that term is defined in the Interlocal Cooperation Act. 13. Severability. If any provision of this Agreement is held invalid for any reason, the invalidity does not affect other provisions of the Agreement, which can be given effect without the invalid provision. To this end the remaining provisions of this Agreement are severable and continue in full force and effect. 14. Validity and Enforceability. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement continue in full force and effect. Page 2 of 6 10 Fueling Services 0617 15. Not for Benefit of Third Parties. This Agreement and all activities under this Agreement are solely for the benefit of the Parties and not the benefit of any third party. 16. Exercise of Police Power. This Agreement and all activities under this Agreement are undertaken solely as an exercise of the police power of the Parties, exercised for the health, safety, and welfare of the public generally, and not for the benefit of any particular person or persons and the Parties shall not have nor be deemed to have any duty to any particular person or persons. 17. immunity not Waived. Nothing in this Agreement is intended, nor may it be deemed, to waive any governmental, official, or other immunity or defense of any of the Parties or their officers, employees, representatives, and agents as a result of the execution of this Agreement and the performance of the covenants contained in this Agreement. 18. Civil Liability to Third Parties. Each Responding Party will be responsible for any civil liability for its own actions under this Agreement, and will determine what level, if any, of insurance or self-insurance it should maintain for such situations. 19. No Liability of Parties to One Another. One Party may not be responsible and is not civilly liable to another for not responding, or for responding at a particular level of resources or in a particular manner. Each Party to this Agreement waives all claims against the other Parties to this Agreement for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement, except those caused in whole or in part by the negligence of an officer, employee, or agent of another Party. 20. Notices. a. Notices under this agreement may be delivered by mail as follows: City: RTA: City of Corpus Christi Attn: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 Corpus Christi Regional Transportation Association Attn: Chief Executive Officer 5658 Bear Lane Corpus Christi, Texas 78405 b. The parties to this agreement may specify to the other party in writing. Page 3 of 6 10 Fueling Services 0617 21. Amendments to Agreement. a. This Agreement may not be amended except by written agreement approved by the governing bodies of the Parties. b. No officer or employee of any of the Parties may waive or otherwise modify the limitations in this Agreement, without the express action of the governing body of the Party. 22. Captions. Captions to provisions of this Agreement are for convenience and shall not be considered in the interpretation of the provisions. 23. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under this Agreement shall be in accordance with the Texas Rules of Civil Procedure. Page 4 of 6 10 Fueling Services 0617 PARTICIPATION NOTICE hereby notify the Parties that City of Corpus Christi has approved participation in the Interlocal Agreement for Use of Fueling Facilities, by lawful action of its governing body, a true copy of which is attached and incorporated in this Agreement. 'Angel R. Escobar Date City Manager Approved as to to= R. J ei ng Firs Ass t City =n1• City Attorney 10 Fueling Services 0617 Page 5 of 6 PARTICIPATION NOTICE hereby notify the Parties that Corpus Christi Regional Transportation Authority has approved participation in the Interlocal Agreement for Use of Fueling Facilities, by lawful action of its governing body, a true copy of which is attached and incorporated in this Agreement. Jorge Cruz -Redo Date Acting Interim Chief Executive Officer Page 6 of 6 10 Fueling Services 0617