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Home My WebLink AboutC2009-321 - 7/28/2009 - Approved1 HE STATE OF TEXAS ~ COUNTY OF NUECES § INTERLOCAL CU~PERATIUN AGREEMENT This Interlocal Cooperation Agreement ~"Agreement"} is made by and between the DEL MAR COLLEGE ~"College"}, acting by and through its governing body, the Board of Regents, and the CITY OF CORPUS CHRISTI ~"City"}, a municipal corporation and home-rule city of the State of Texas for its CORPUS CHRISTI FIRE DEPARTMENT ~"Fire Department"}, acting by and through its governing body, the City Council. NOw, THEREFORE, in consideration of the mutual covenants in this Agreement, the participating local governments ~"Parties"}, authorized by appropriate actions of their governing bodies, hereby agrees as follows: SECTION 1. PURPOSE. The Fire Department desires to have access to, and use of, College's fire-training field located at 4101 Old Brownsville Road, Corpus Christi, Nueces County, Texas 78405, for training purposes. SECTION 2. SERVICES, OBLIGATIONS AND RIGHTS OF THE COLLEGE. a} Provide Fire Department with access to, and use of, College's fire-training field for training purposes; said access will be scheduled through the College, averaging no Less than eighty X80} hours per month at no cost or charge to the City or Fire Department. b} Maintain a schedule of College's f re-training field resources and their availability, c} Provide a qualified technician or technicians, as required by College, to operate College's fire-training props during Fire Department training exercises or drills at the rate specified in 3} e} except when properly trained Fire Department personnel, as noted in 3} g} below, are present to operate Callege's fire-training props. d} Provide Fire Department with parking at College's fire-training field, as available. College assumes no responsibility for damage or theft to vehicle as a result of being placed on College property. e} Purchase all parts to be used by Fire Department in maintaining and repairing College's Self Contained Breathing Apparatus ~SCBA} and pumps on College's fire apparatus as referenced in 3} c} and 3} d} below; or reimburse the Fire Department for the cost of all aforementioned parts if provided by Fire Department. 2009-321 Fire Department with software necessary for the repair of College's Ord. 028241 o~i2sio9 I N DEX~ Del Mar College Self Contained Breathing Apparatus as referenced in 3} c}. g} College may request the removal of any Fire Department personnel, students or instructors whose conduct or work may have a detrimental effect on safety or student learning. SECTION 3. SERVICES, aBLIGATICNS, AND RIGHTS OF THE CITY QR FIRE DEPARTMENT. a} Provide water and natural gas to the College's training field as defined ar outlined in Attachment "A" at no cost to College. b} Provide supervision, in conjunction with the faculty from the College, for Fire Department training participants. c} Provide maintenance and repair services for College's Self Contained Breathing Apparatus ~SCBA}, College will purchase all parts used in maintaining and repairing said equipment and bringing it to working condition; or reimburse the Fire Department for the cost of all aforementioned parts if provided by Fire Department. d} Provide maintenance and repair services, excluding major rebuild, for pumps on College's fire apparatus. College will purchase all parts used in maintaining and repairing said equipment and bringing it to working condition; or reimburse the Fire Department far the cost of all aforementioned parts if provided by Fire Department. e} Pay College the current adjunct faculty lab hourly rate approved by the College's Board of Regents for the qualified technician provided by College as referenced in 2} c}above for the Fire Department training exercises or drills. ~} Reimburse College for consumables provided by College which are used by Fire Department in fire, emergency medical, or haz-mat training ~e.g. hay, LPG, exce sior}. g} Designate at least two Fire Department personnel, with College consent, to be trained by College as technicians to operate fire props on College's fire-training f eld. SECTION 4. PAYMENT AND FUNDS. Payment shall be made within thirty ~3 0} days from receipt of the other party's request for reimbursable expenses incurred in the performance of this Agreement, provided the request for payment is properly prepared, executed, and documented ~i.e. valid invoices or receipts; andlor verified statement or supporting documentation}. Each party which performs services under this Agreement will do so with funds available from its current revenues. SECTION 5. TERM OF AGREEMENT. This Agreement shall begin on the final date of execution by all Parties for an initial term of one year, and the City Manager is authorized to execute any and all subsequent renewals andlor amendments to this Agreement. This Agreement shall automatically renew annually, unless one of the participating parties provides a thirty X30} days written notice of termination to the other party. SECTION G. INTERLOCAL COOPERATION ACT. The Parties agree that activities contemplated by this Agreement are "governmental functions and services" and that the Parties are "local governments" as that term is defined in the Interlocal Cooperation Act. This Agreement is made pursuant to Chapter 791 of the Texas Government Code. SECTION 7. LIABILITY, Each party to this Agreement will be responsible for any civil liability for its own actions under this Agreement. Neither party shall be responsible to the other for personal injuries, losses, claims, or demands caused by the acts or omissions, if any, of such party or its agents, employees, invitees, or subcontractors. The liability, if any, of either party, shall be that prescribed by the laws of the State of Texas. The City and Fire Department liability to the College is limited to its employees action during its use of the College while conducting training exercises or drills and in accordance with the Texas Tort Claims Act. SECTION $. MISCELLANEOUS. ~a} Severabilit~ In the event any term, covenant or condition herein contained shall be held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other term, covenant, or condition herein contained, provided that such invalidity does not materially prejudice either City or College in their respective rights and obligations contained in the valid terms, covenants or conditions hereof. ~b~ Entire A reement. 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. ~c} written Amendment. Unless otherwise provided herein, this Agreement may be amended only by written instrument duly executed on behalf of each party. 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. ~d) Notices. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third ~3rd~ day fallowing deposit in a United States Postal Service post office ar receptacle with proper postage affixed ~certif ed mail, return receipt requested} addressed to the respective other party at the address prescribed below, or at such other address as the receiving party may have theretofore prescribed by notice to the sending party. C Angel Escobar, P.E. City Manager City of Corpus Christi 1201 Leopard Corpus Christi, Texas 7$401 College Marjorie Villani Interim Vice President of Instruction Del Mar College 1 ~ 1 Baldwin Blvd. Corpus Christi, Texas 7$404 fie} Non-Waiver. Failure of any party hereto to insist on the strict performance of any of the Agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on, and to enforce by any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. ~~ Successors. This Agreement shall bind and benefit the parties and their legal successors. This Agreement does not create any personal liability on the part of any officer or agent of the City or College or any of its officer, agent or employee. fig} No Waiver of Immunit . No party hereto waives or relinquishes any governmental, off cial, or other immunity or defense on behalf of itself, its officers, employees, and agents as a result of its execution of this Agreement and performance of the covenants contained herein. ~h} Validit and Enforceabilit . 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. ~i} No Third Parties Benefit. This Agreement and all activities under this Agreement are solely for the benefit of the Parties and not the benefit of any third party, ~j} Governin 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. (k} Participation Notice. Each party to this Agreement shall execute a Participation Notice Exhibit 1 or 2}, and the Notice shall be incorporated as an attachment to this Agreement. ~1} warrant .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 the Agreement and to legally bind their respective party to this Agreement. Del Mar College 1-~ ~ . Z 2.a q Dr ark Escamilla, (Date) President 9I~.~/py Marjorie illani, (Date) Interim Vice President of Instruction City of Corpus Christi /Fi~> ng 1 Escobar, (Date) City Manager Richard Hooks, ~ ate} Fire Chief ATTEST: Armando Chapa (Date) City Secretary APPROVED AS TO FORM: 7121 ~~ T. Tris a Dang (Date) Assistant City Attorney For City Attorney Revised ]une 10, 2009 crb .~~-~ a..~a.~-1.. ~~THORI2ED srr c~oaRCi~ .~~,,° I~..~Z- s~~~ ~. EXHIBIT I PARTICIPATION NOTICE I hereby notify the Parties that the City of Corpus Christi City Council has approved participation in the Interlocal Agreement for the City of Carpus Christi Fire Department to have access and use of the Del Mar College's Fire Training Field as outlined in Attachment "A" for training purposes, by lawful action of its governing body, a true copy of which is attached and incorporated in this Agreement. . i An R. Escobar Date City Manager EXHIBIT 2 PARTICIPATII)N NOTICE I hereby notify the Parties that the Del Mar College Board of Regents has approved participation in the Interlocal Agreement for the City of Corpus Christi Fire Department to have access and use of the Del Mar College's Fire Training Field as outlined in Attachment "A" for training purposes, by lawful action of its governing body, a true copy of which is attached and incorporated in this Agreement. Dr ark Escamilla P esident ~' Z~ `~~ Date Attachment "A" "Training Field" is defined as everything inside the yellow box. r. -• ~ r '--.. r -,. `"~-.. r ~~ t ' `~~ -, _~y y ~ V +.~~ ~ • ~~ +r ~~ ..._ ~~ t ~~ 1 ~ ~ ~~~ •r j }4 ~.~;~,