HomeMy WebLinkAboutC2010-388 - 10/19/2010 - ApprovedINTERLOCAL COOPERATION AGREEMENT
FOR USE OF SCHOOL BUILDINGS
llURING EMERGENCY
This Interlocal Cooperation Agreement {"Agreement"} is entered into by and between the City of
Corpus Christi, Texas ("City"}, a municipal corporation and horne~rule city of the State of Texas,
acting by and through its governing body, the City Council, and the West Oso Independent School
District ("District"), acting by and through its governing body, the Board of Trustees.
RECITALS
WHEREAS, the city of Corpus Christi is located in the eoasta,l area of Texas and is subject to
inclement weather conditions such as hurricanes from June 1 to November 30 of each year.
WHEREAS, the City desires to access and use District's facility as shelter of last resort.
WHEREAS, the District agrees to designate and authorize City to access and use its facility, West
Oso Junior High School {5202 $ear Lane) and its parking lots ("Facility"), as shelter of last resort.
NOW, THEREFORE, in consideration vfthe mutual covenants in this Agreerent, 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 District's Facility, including
garlcing lots, as shelter of last resort in case of an emergency or hurricane.
SECTION 2. SERVICES, OBLIGATONS, AND RIGHTS OF CITY.
a) Request and coordinate with District, either by verbal or written communication, for access to
Facility as soon as a declaration of disaster has been declared by the City.
b) Inspect Facility with District to document Facility condition before and after usage_
c) Use designated Facility as shelter of last resort.
d) Designate a Facility rnanager or person in-charge of the shelter operation and provide the
person's name and contact number to District.
e} Return. Facility to District in the same condition as on the date of entry.
SECTION 3. SERVICES, OBLIGATIONS, AND RIGHTS OF DISTRICT.
a) Coordinate and allow City to access and use District's Facility as soon as a declaration of disaster
has been declared by the City.
b} Inspect Facility with City to document Facility condition before and after City's usage.
2014-388
Res. 02880b
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West Oso ISD ~~~~~
c) Provide City with a contact person name and informatian,
SECTION 4. FUNDS AND PAYMENT.
.Each parry which performs services under this Agreement will do sa with funds available from its
current revenues. Payment shall be made within forty-five (45) days from receipt of the other
party's request.far reimbursable expenses incurred in the performance of this Agreement, provided
...the request .far 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 for an initial term of one
year, and the City Manager and Superintendent are authorized to execute any and all subsequent
renewals and/or arztendments to this Agreement. This Agreement shall automatically renew
annually, unless ane of the participating Parties provides a written notice of termination to the
other party at least thirty {30) days priar to the expiration ofeach annual terra,
SECTION ~. LIABILITY.
Each party to this Agreement will be responsible for any civil liability for its own actions under
this Agreement, except that nathing 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 outer 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 laws of the State of
Texas. The City liability to District is limited to its employee's action during its use of the
Facility as shelter of last resort and in accordance with the Texas Tort CIaims 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
instnzment duly executed on behalf of each party. No officer or employee of any of the Parties
may waive ar otherwise modify the limitations in this Agreement, without the express action of
the governing body of the party or its duly authorized agents.
SECTION S. 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 (7a') 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 78469-9277
District:
Superintendent
5050 Rockford Drive
Corpus Christi, Texas 78416
SECTION 10. 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.
IN WITNESS HEREOF, the City and District have made and executed this Agreement in multiple
copies, each of which is an original.
CITY Of' CORPUS CHRISTI
g R. Escobar (Date)
ity Manager
Ric ar ooks ( ate)
Chief, Fire Department
WEST OSO INDEPENDENT
SCHO L DISTRIC
Velma Rodriguez (Dat ~ ~2?lJ~
President; Board of Trustees
~r~~r~~
Michael r. oussi (Date)
Superintendent
ATTEST:
_ ~~.
Armando Chapa (Date}
City Secretary
APPROVED AS TO FORM:
Iv~~/tea/ ~
~] T. T ' ang (Date)
~/ Assistant City Att rney
S, ~~~~; A~T4i0Rtt1~
....~~Wr.r~:~.
For City Attorney