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HomeMy WebLinkAboutC2007-280 - 8/28/2007 - ApprovedINTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE COUNCIL ON ALCOHOL AND DRUG ABUSE-COASTAL BEND This Interlocal Agreement is entered into by and between the City of Corpus C#~risti, Texas ("City") and The Council on Alcohol and Drug Abuse-Coastal Bend (°CBCDA"), collectively known as the "Parties". Recitals The Parties recognize that an underage drinking problem exists in the impacted area. The Parties want to achieve the common goal of reducing underage drinking by increasing enforcement acti~ities regarding the sale of alcohol to minors, increasing publici#y of underage drinking laws, artd enhancing awareness of persortal liability in regards to ad~lts pro~iding alcohol to t~nderage drinkers. NOW, THEREFORE in consideration of the mutua! covenants in this Agreement, the participating loca! governments, authorized by appropriate actions of their governing bodies and pursuant to the terms of Texas Government Code, Secfion 79~.001 et seq., ~ereby agree as follows: 1. Purpose. The purpose of this Agreement is to pro~ide a framework by which the Parties will achieve their stated goai of increasing e~forcement and awareness acti~ities with regard #o ur~derage drinking. 2. Scope of ServicES. The City will provide CBCDA funding in the amo~nt o# $9,256 and CBCDA will use the funds to carry out acti~ities associated with achie~ing tl~e stated goal. A CBCDA representative will be required to attend monthly meetings and report the progress of the inEtiati~e. Receipts for expenditures using the provided funds shall be kept and submitted back to the City. 3. Implementation. The Parties, and their designees, are authorized and directed to take all steps necessary or con~enient to implement this Agreement. 4. Warran#y. The Agreement has been officially authorized by the go~erning bady of each Party, and each signatory to this Agreement g~arantees and warrants that the signatory has full authority to execute this Agreement and to legaliy bind t~eir respecti~e Party to this Agreement. ~. Expending Funds. Each Parky which performs services under this Agreement will do so with funds available from current revenues of the Party. No Party shall have any liab+lity for the failure to expend funds to pro~ide aid under this Agreement. 6. Term of Agreement. a. This Agreement sha[1 become effective as to each Party when a~proved and executed by that Party. 2007-284 D8128/07 Res. 027383 Council on Alcohol & Drug Abuse b. Once approved by all Parties, the term of this agreemen# will expire upon 90 days written notice of either ~arty. c. Termination of participation in this Agreemen# by any Party does not affect t~te continued operation of this Agreement between and among the remaining Parties, and tl~is Agreement shaEl contin~e in force and remain binding on the remaining Parties. 7. Oral and Written Agreements. Ail oral or written agreements between the parties relating to the subject matte~ of this Agreement, which were developed priar to the execution of this Agreement, ha~e been reduced to writing and are contained in this Agreement. 8. Entire Agreement. This Agreement, including Attachmen~s, represer~#s the entire Agreement between the Parties and supersedes any and al~ prior agreements between the parties, whether written or oral, relating to the subject of this agreement. 9. Interlocal Coopera#ion Act. The Parties agree that activities contemplated by tl~is Agreement are "governmenta! functions and services" ar~d that the Parties are "local governmen#s" as that term is clefined in the Interlocal Cooperation Act. ~ 0. Severability. If any provision of this Agreement is held invalid for any reason, the invalidity does not affect o#her provisions of the Ag~eement, which can be given effect without the in~alid provision. To this end the remaining pro~isions of this Agreement are se~erable and continue ir~ full force and effecf. 11. Validity and Enforceability. If any current or future legal limitations affect the validity or enforceability of a provision of #his 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 limitafions, and so modified, this Agreement continue in full force and effect. 12. Not for Benefit of Third Parties. This Agreement and a[1 activities under this Agreement are solely for fhe benefit o# the Parties and nat the benefit of any third party. 13. Immunity not Waived. Nothing in this Agreement is intended, nor may it be cfeemed, ~o waive any governmental, official, or other immunity or defense of any of the Parties or their officers, employees, representatives, and agen#s as a result of the execution of this Agreement and the performance of the co~enartts contained in this Agreement. 14. Civil Liability to Third Parties. Each Responding Party will be responsible for any civil [iability for i#s awn actions iander this Agreement, and will determine what le~el, if any, of insurance or self-insurar~ce it should maintain for such situations. 15. No Liability of Parties to 4ne Another. One Party may not be responsible and is not civilly liable to another for nof responding, or for responding at a particular level of resources or in a particular manner. Each Party to #his Agreemer~t waives all claims against the other Parties to this Agreement for compensation for any loss, damage, ~ersonal injury, or death occurring as a consequence of the performance of this Agreemenf, except t~ose caused in whole or in part by the negligence of an officer, employee, or agent of another Party, ~ 6. Notices. a. Notices under this agreement may be delivered by mail as fol~ows: Ci#y: City of Corpus Christi Attn: Ci#y Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 CBCDA: Council on Alcohol and Drug Abuse-Coastal Bend Attn: Executive Direcfor ~ 801 So. Alameda, Ste. 150 Corpus Christi, Texas 78404 b. The parties to this agreement may specify to the other party in writing. 17. Captions. Captions to pro~isions of this Agreement are for convenience and shafl not be considered in the interpretation of fhe provisions. 18. Governing Law and Ven~e. This Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under thES Agreement shall be in accordance with the Texas Rules of Civil Procedure. Exec~ted in duplicate originals this the ~~day of ~VI Ul , 2007. City f Corpus Christi orge K. Noe City Manager Attest: Armando Chapa City Secretary Cauncil on Alcohof and Drug Abuse-CB ~ Dee Ogle, MA, M.Ed., . .(ABD) Executive Director ~itle ~-~~ AUT41~tiZ~ ~ ~#fGit .....~...,,,,~..,,.......- S~CRfT1t~