HomeMy WebLinkAboutC2010-232 - 7/6/2010 - ApprovedINTERLOCAL 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. '
2010-232 Page 1 of 6
Res. 028470
07/06/10
RTA ~N~Eyc~
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.
$. 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 "local
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 nat 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.
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15. Not for Benefit of Third Parties. This Agreement and ail 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 persans 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 Ano#her. 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 far 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 maiE as follows:
City:
City of Corpus Christi
Attn: City Manager
P.O. Box 9277
Corpus Christi, Texas 78469-9277
RTA:
Corpus Christi Regional Transportation Association
Attn: Chief Executive Officer
5658 Bear Lane
Corpus Christi, Texas 784D5
b. The parties to this agreement may specify to the other party in writing.
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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.
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PARTICIPATIQN NOTICE
I 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.
r
'Ang .Escobar
City anager
Ap~~011~8R10~Of1~ ~ .3u ~<<<.
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Firs Assistant Cliy A
-~~~- rity Attorney
4TTEST: .. _ .~ ,~.
AH(vfANE70 CHAPA
(:IlY SECNE7AR"
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Date
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SECR ARY . .
70 Fueling Services 0677
PARTICIPATION NOTICE
I 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.
!fJ ~~ J
Jorge C z edo Da e
Acting ntenm Chief Executive Officer
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