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HomeMy WebLinkAboutC2010-389 - 10/19/2010 - ApprovedINTERLOCAL COOPERATION AGREEMENT FOR USE OF SCHOOL BUILDINGS DURING HURRICANE EMERGENCY This Interlocal Cooperation Agreement ("Agreement") is entered into by and between the City of Carpus Christi, Texas ("City"}, a municipal corporation and home-male city of the State of Texas, acting by and through its governing body, the City Council, and the Calallen 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 coastal area of Texas and is subject to inclement weather conditions such as hurricanes from June 1 to November 3a of each year. WHEREAS, the City desires to access and use District facilities as shelters of last resort in case of an emergency or hurricanes. WHEREAS, the District agrees to designate and authorize City to access and use its facilities, High School (4001 Wildcat Dr.), Middle School (4402 Cornett Dr.), Magee Intermediate School (4201 CalaUen Dr.), and their parking lots ("Facility"), as shelters of last resort in case of an emergency or hurricanes. 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 faliows: SECTION 1. PURPOSE. The purpose of this Agreement is to allow City to access and use District's Facility, including parking lots, as shelters of last resort in case of an emergency or hurricanes. 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. City and District will determine which Facility will be appropriate to be used in the emergency. b) Inspect Facility with District to document each Facility condition before and after usage. c) Use designated Facility as shelters of last resort in case of an emergency or hurricanes. d) Designate a Facility manager 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. 2010389 Res. 028805 10/19/10 Calallen ISD ~~a~~~ 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. District and City will determine which Facility will be appropriate to be used in the emergency. 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. Payment shall be made within thirty {30) 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, andlor verified statement or supporting documentation). SECTION 5. TERM OF AGREEMENT. Tbis Agreement shall begin on the final date of execution by all Parties for an initial term of one year, and the City Manager and District Superintendent are 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 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 own 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 ar federal law. Neither party shall be responsible to the other for personal injuries, losses, claims or demands caused by the acts ar 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 Iiability to District is limited to its employee's action during its use of the Facility as a shelter of last resort and in accordance with the Texas Tort 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 ar oral, relating to the subject of this Agreement. Unless otherwise provided herein, this Agreement may be amended only by written instrument duly executed an 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 (7~'} 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 Carpus Christi, Texas 78469-9277 District: Superintendent of Schools 4205 Wildcat Dr. Corpus Christi, Texas 78410 SECTION i0. WARR.ANTY. 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 io execute the Agreement and to legally bind their respective parry to this Agreement. ATTEST: CITY OF CORPUS CHRISTI CALALLEN INDEPENDENT SCHOOL DISTRICT l I .Escobar. _ _ _ ate _ _ Richard "Butch" Roecker (Date} City Manager President, School Board of Trustees ~TtEsr. ~ -- ~:~ ~.~~o rr~Ap~. Gl1Y ~CR~'E'A~" APPROVED AS TO FORM: ~: s~ o•+o Dr. Arturo Almendarez .. (Date) Superintendent, Calalle g 1 ~~ T. T sha Dang (Date} Assistant City Attorney For City Attorney ~aur~omz~~ ~ Ct1tE#~C11 ~~`~ Q ..~,