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HomeMy WebLinkAboutC2009-416 - 10/27/2009 - ApprovedTHE STATE OF TEXAS ~ COUNTY OF NUECES § INTERLOCAL COOPERATION AGREEMENT This Interlocal Cooperation Agreement ("Agreement") is made by and between the PORT OF CORPUS CHRISTI AUTHORITY ("Port"), acting by and through its governing body, and the CITY OF CORPUS CHRISTI ("City"), a municipal corporation and home-rule city of the State of Texas for its CORPUS CHRISTI POLICE DEPARTMENT ("Police 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 Parties desire to share personnel for the purposes of staffing a joint search and recovery dive team. SECTION 2. SERVICES, OBLIGATIONS, OR RIGHTS OF THE PORT. a) Provide two Port employee divers and personal diving equipment necessary for each diver to participate as team members in all dive operations conducted by the Police Dive Team, subject to availability of the personnel. b) Provide use of watercraft resources, as needed and subject to availability. SECTION 3. SERVICES, OBLIGATIONS, OR RIGHTS OF THE CITY OR POLICE DEPARTMENT. a) Allow Port divers to participate in all training and operational exercises conducted by the Dive Team. b) Provide use of watercraft resources, as needed and subject to availability. SECTION 4. FUNDS. 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 and/or amendments to this Agreement. This Agreement shall automatically renew annually, unless one of the participating parties provides a thirty (30) days written notice of termination to the other party. 2009-416 Res. 028369 10/27/09 Port of CC Authority SECTION 6. 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, if any, caused by the acts or omissions of such party's own officers, agents, and employees. The liability, if any, of either party, shall be that prescribed by the laws of the State of Texas. SECTION 8. MISCELLANEOUS. (a) Severability. 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 Port in their respective rights and obligations contained in the valid terms, covenants or conditions hereof. (b) 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. (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 following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified 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 p~Y• C~ Angel Escobar, P.E. City Manager City of Corpus Christi Port John P. LaRue Executive Director Port of Corpus Christi 1201 Leopard P.O. Box 1541 Corpus Christi, Texas 78401 Corpus Christi, Texas 78403 (e) 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. (f) 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, agent, or employee of the City or Port. (g) No Waiver of Immunity. No party hereto waives or relinquishes any governmental, official, 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) 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. (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) 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. (k) 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 the Agreement and to legally bind their respective party to this Agreement. City of Corpus Christi u A 1 scobar, P.E. (Date City Manager __.... ~dq Troy Riggs, (Date) Chief of Police ATTEST: t /may Armando Chapa ( ate) City Secretary APPROVED AS TO FORM: l0~l~llo ~ T. risha Dang (Date) Port of Corpus Christi ~ l~ 6~ John P. ue, (Da e) Executive Director . E. Archambo, (Date Chief of Port Security Q.S: ~~ ~~ AUTHORIZ~E9 n c~aRaiL a ~ a ~ .c~ ~NYUn~uR~ SECRETARY ~~ ' Assistant City Attorney For City Attorney