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HomeMy WebLinkAboutC2010-387 - 10/19/2010 - ApprovedINTERLOCAL COOPERATION AGREEMENT FOR USE OF SCHOOL BUILDINGS DURING HURRICANE EMERGENCY This Interlocal Cooperatian Agreement {"Agreement"} is entered into by and between the City of Corpus Christi, Texas ("City"), a municipal corporation and home-rule city of the State of Texas, acting by and through its governing body, the City Council, and the Del Mar College ("College"}, acting by and through its governing body, the Board of Regents. RECITALS WHEREAS, the city of Corpus Christi is located in the coastal area of Texas and is subject to inclement weather conditions such as huraxcanes from June 1 to November 30 of each year. WHEREAS, the City desires to access and use College's facilities as shelters of last resort for first responders incase of an emergency or hurricane. WHEREAS, the College agrees to designate and authorize City to access and use its facilities, Del Mar East Campus (101 Baldwin Blvd.), Del Mar West Campus {4101 Old Brownsville Rd.), and their parking lots ("Facility"), as shelters of Iast resort for first responders in case of an emergency or hurricane. 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 agree as follows: SECTION 1. PURPOSE. The purpose of this Agreement is to allow City to access and use College's Facility, including parking lots; as shelters of last resort for first responders incase ofan emergency or hurricane. SECTION 2. SERVICES, OBLIGATON5, AND RIGHTS OF CITY. a) Request and coordinate with College, either by vernal or written communication, for access to Facility as soon as a declaration of disaster has been declared by the City. City and College will determine which Facility will be appropriate to be used in the emergency. b) Inspect Facility with College to document each Facility condition before and after usage. c} Use designated Facility as shelters of last resort for first responders in case of an emergency or hurricane. d) Designate a Facility manager or person in-charge of the shelter operation and provide the person's name and contact number to College. e) Return Facility to College in the same condition as on the date of entry. SECTION 3. SERVICES, OBLIGATIONS, AND RIGHTS OF COLLEGE. a} Coordinate and allow City to access and use College's Facility as soon as a declaration of disaster hoc hr~an rlPrlar~d 1,V the City. College and City will determine which Facility will be appropriate to 2010-3$i. Res. 02880 i 10/19/1[ De! Mar College ~~M~E~~ b) Inspect Facility with City to document each Facility condition before and after City's usage. c) Provide City with a contact person name and information. SECTION 4. FUNDS AND PAYMENT. Each party which performs services under this Agreement will do so with funds available from its current revenues. Fayment shall be made within fo~~ty-five (45} 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, receipts, and/or verified statement or supporting documentation}. SECTION 5. TERM OF AGREEMENT. This Agreement shall begin on the final date of execution by all Parties far an initial term of one year, and the City Manager and College President are authorized to execute any and all subsequent renewals and/ar amendments to this Agreement. This Agreement shall automatically renew annually, unless one of the participating Parties provides a written notice of termination to the other party at least thirty (30) days prior to the expiration of each annual term. SECTION 6. LIABILITY. Each party to this Agreement will be responsible for any civil liability for its awn actions under this Agreement, except that nothing in this Agreement shall constitute a waiver or limitation on any immunity, defense, or other protection afforded either party under state or federal law. 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 ar its agents, employees, invitees, or subcontractors. The liability, if any, of either party shall be that prescribed by laws of the State of Texas. The City liability to College is limited to its employee's- action during its use of the Facility as shelters of last resort for first responders and in accordance with the Texas Tart Claims Act. SECTION 7. ENTIRE AGREEMENT. This Agreement 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. 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 or its duly authorized agents. SECTION 8. 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. SECTION 9. NOTICES. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the seventh {7th) 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• City: City Manager P.O. Box 9277 Corpus Christi, Texas 7$469-9277 College: College President 101 Baldwin Blvd. Corpus Christi, Texas 78404-3897 SECTION 10. WARRANTY. The Agreement has been ot~icially 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. IN WITNESS HEREOF, the City and College have made and executed this Agreement in multiple copies, each of which is an original. CITY O~ CORPUS CHRISTI ~ D zo~d An .Escobar ~ ) Ci Manager DEL MAR COLLEGE O / ~/c7 ark Escamilla, PhD (Date) President Ric ar Hooks (Date} Chief, Fire Department -- - ~ l~ Troy Riggs {Date} Chief, Police Department ATTEST: G x~ /~ Armando Chapa {Date) City Secretary APPROVED AS TO FORM: __ IJ I! tJ T. ish ang (Date) Assistant City Attorney ~~ ~ Dr. Lee Sloan, Vice President (Date) Administration, Finance, and Student Services °~ ~ ~ AUTK9RI~,~ ~r col~l~cl~ ...~ O~~ j ~ Ye9Y-ryypy~~~' SECRF'~A~Y /~' ,For City Attorney