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HomeMy WebLinkAboutC2006-428 - 9/26/2006 - Approved INTERLOCAL AGREEMENT FOR USE OF SCHOOL BUSES DURING HURRICANE EMERGENCY This Interlocal Agreement is entered into by and between the City of Corpus Christi, Texas ("City") and the Corpus Christi Independent School District ("District"). RECITALS The Corpus Christi area IS subject to emergencies created by the approach and landfall of hurricanes The American Red Cross now refuses to undertake its traditional role of establishing and operating shelters during hurricanes because of its determination that buildings in coastal areas cannot assure the safety of their volunteers and users of the shelters. While ideally individuals would evacuate themselves to inland areas upon the approach of a hurricane, many will not do so either because of physical or economic inability. Consequently, after Hurricanes Katrina and Rita in 2005, there has been strong public demand for the City to provide the means to evacuate residents before hurricanes make landfall in this area In response to the desire expressed by the public, the City wishes, in the exercise of its police power, to operate school buses to evacuate needy residents for the general health, safety, and welfare of the public The District owns a fleet of school buses that could be used to evacuate residents prior to a hurricane making landfall. The City desires to use the District's school buses on an AS IS, WITH ALL FAULTS basis. NOW, THEREFORE, in consideration of the mutual covenants herein exchanged, the City and the District agree as follows A. LEASE OF SCHOOL BUSES A-1. The District hereby agrees to lease to the City, upon the occurrence of the events described herein, certain of its school buses, for use to evacuate City residents to shelters located outside the City before a hurricane makes landfall in the area, and to return the re8idents after landfall of the hurricane a. In the event of a declaration of disaster declared by the City as a result of the Imminent threat of a hurricane, the City Manager of the City will notify the Superintendent of the District, and the Superintendent will make the school buses available for use by the City for the duration of the declaration of disaster. b. The Superintendent and the City Manager are delegated the authority, in their complete discretion and judgment under the circumstances existing at that time, to determine which c;chnol buses should be made available. 2006-428 09/26106 Res027006 A-1 C( 'ISO - .- A-2. Exhibit A, which is attached to and incorporated by reference into this agreement, sets out the services and commitments each party agrees to perform to implement this agreement A-3. THE DISTRICT LEASES THE SCHOOL BUSES TO THE CITY AS IS, WITH ALL FAULTS. THE DISTRICT EXPRESSLY DISCLAIMS ALL WARRANTIES \lVHATSOEVER, EXPRESS OR IMPLIED, AS TO THE SUITABILITY OF THE SCHOOL BUSES FOR THE PURPOSES UNDERTAKEN BY THE CITY. A-4. The City shall be solely responsible for the operation of the School buses leased hereunder. During evacuation operations, the City shall have sole authority to direct all persons and activities connected with such operations, including bus drivers and any other personnel furnished by the District. The City shall have sole authority to communicate to the public regarding the availability of the school buses and the conditions governing their use A-5 The City shall pay to the District all costs incurred by the District resulting from the City's use of the school buses, including but not limited to the District's actual cost of personnel and fuel. The City will return the school buses to the District in a condition equal to or better than the condition in which the City received the buses. Provided, however, at the District's option, the District may provide for cleanup of the buses and any repairs resulting from the City's use of the school buses, and charge the actual cost of same to the City. The City will pay to the District the costs resulting from the City's use of the school buses within 30 days of receipt of the District's invoice therefore. B. GENERAL PROVISIONS B-1. Once approved, thiS Agreement shall be for a term of one year commencing June 1, 2006, and shall be automatically renewed annually unless either party cancels by giving to the other party written notice no later than October 1 of the preceding year. B..2. Any costs incurred by the District in addition to those provided for elsewhere in this Agreement shall be paid by the City within 30 days of the District's invoice therefore. B-3. The City Manager and Superintendent are authorized and directed to take all steps necessary or convenient to implement this Agreement, and shall, prior to the commencement of the hurricane season, cooperate in developing a plan for the implementation of the activities provided for in this Agreement. 6-4. This Agreement is for the sole benefit of the City and the District, and is not for the benefit of any third party 8-5. All activities undertaken under this Agreement shall be solely for the benefit of the health, safety, and welfare of the public generally, and are not for the benefit or any particular person s..6. All financial obligations in this Agreement shall be payable from current revenues available to the paying party. R6290382 doc A-2 .......,_..:...:l:_ B-7. Notices pursuant to this agreement may be delivered by mail as follows: a. Notice to the City must be addressed to City Manager POBox 9277 Corpus Christi. Texas 78469-9277 b. Notices to the District must be addressed to: Superintendent of Schools 801 Leopard Corpus Christi. Texas 78401 c. Or notice may addressed to such other address as either party may specify to the other party in writing. B-8. With the exception of minor modification agreed to in writing by the City Manager and Superintendent, this Agreement may not be amended, except by written agreement a~roved by the governing bodies of the City and the District. In particular, but without limitation, the City's sole responsibility for operations and activities provided for in this Agreement may not be modified in any respect by any act or omission by any officer, employee, or agent of the City or the District. Agreed 10 IhisL'fiL day of 5<1) b t;.. " 2006, ATTEST ~ Armandfchapa - - City Secretary APPROVED: //~ --~~----- R.Ja~e~ /' First Assistant City Attorney For City Attorney S CHRISTIIND~DENT L DISTRICT ~ Of. Manuel Flores Pflesident, Board of R62903B2 doc -...- CORPUS CHRISTI G rge K. Noe City Manager -, I ) KfS DZ-loo~ ~'KU*<W.~ ;;~~:=~g.l1k~ _~_. ... ..........fJ::J:, SEClHARV -rI'<..-- Approval as to legal form: A;:';~:C~ A-3 EXHIBIT 'A' SCHOOL BUS USE The following is the basic understanding regarding the agreement between the City of Corpus Christi and the Corpus Christi ISO: 1. The CCISD will provide as many buses as available at the departure points located at Cabaniss Field and Oveal Williams Senior Center. 2. The CCISD buses will drive evacuees to a designated shelter outside the city limits. 3. The CCISD buses will return with evacuees when it is declared safe to return to the city. 4. The CCISD will provide a supervisor to the EOC to communicate with bus drivers until drivers return back to the city. 5. The City will provide staff at each location to provide: a. Registration. b. Security\Traffic control. c. Water & Snacks. d. Health services. 6. The City will reimburse the CCISD the following in full: a. CCISD employee's compensation for requested services will be determined/negotiated by the City Manager and Superintendent of Schools. Recommended compensation is as follow: CCISD hourly/mileage reimbursement rates: Administrators -- $72/hour. Bus drivers - $25/hour Mileage rate -- $2.50/mile b. Bus charges at the established rate. to include fuel cost. c. Damages to buses as a result of abuse, vandalism, etc. as a result of bus usage during the agreement period. d. Supplies used on the bus. 7. The City will include CCISD and staff in all training and exercises in the areas of emergency operations, shelter management, etc., at no cost to the District. R6Z90382 doc A-4 ~m.__,_