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Home My WebLink AboutC2011-019 - 2/8/2011 - ApprovedINTERLOCAL AGREEMENT FOR ACQUISITION, MANAGEMENT, OPERATION, AND MAINTENANCE OF A VEHICLE FOR THE LEPC This Interlocal Agreement is entered into by and between the City of Corpus Christi, Texas {"City"} and the Corpus ChristilNueces County Local Emergency Planning Committee ("LEPC"). 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 acquire, manage, operate, and maintain a vehicle for the use of the LEPC's Administrator, and other users authorized by the LEPC Administrator. 2. Scope of Services. a. The following services to be performed by the City: {1}The City, with funds provided by the LEPC, will purchase a vehicle through the Houston Galveston Area Council procurement system, for the use of the LEPC Administrator, and other users authorized by the LEPC Administrator, b. The following services to be performed by the LEPC: (1) LEPC will pay the City up to a maximum of $28,OQQ for the purchase vehicle. The purchase price will include the costs of the vehicle with title and registration. (2} LEPC will use the vehicle for public presentations, meetings, and training programs, and will allow the vehicle to be used by the City's Fire Department for City business. (3) LEPC will pay for the vehicle's fuel, oil changes, maintenance, and other needed work. 3. Implementation. The City Manager and LEPC Administrator 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. 2011-019 Page 1 of 4 Res. 028942 =EMEIV7 01202011.doc 02~osn1 CCINueces Cnty LEPC ryCC~~ ~~ V G/~~~ 4. Participation Notice. Each Party shall notify the other Parties its participation in this Agreement by furnishing an executed original of the attached Participation Notice. 5. 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. 6. Administrative Services. The City agrees to provide administrative services necessary to coordinate this Agreement, including providing Parties with a current list of contact information for each Party. 7. 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. 8. Term of Agreement. a. This Agreement shalE 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 no#ice 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. 9. Orai 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. 1fl. 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. 11. 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. 12. Severability. If any provision of this Agreement is held invalid for any reason, the invalidity does not affect other provisions of the Agreement, which can be given effect Page 2 of 4 LEPC VEIiIGLE INTERLOCALAGREEMENT 01202011.doc without the invalid provision. To this end the remaining provisions of this Agreement are severable and continue in full force and effect. 13. Validity and Enforceability. If any current or future legal limitations affect the validity or enfiorceability of a provision of this Agreement, then the legal limitations are made a part ofthis-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. 14. Not for Benefit of Third Parties. This Agreement and all activities under this Agreement are solely for the benefit of the Parties and not the benefit of any third party. 15. 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 persons and the Parties shall not have nor be deemed to have any duty to any particular person or persons. 16. 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. 17. 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 i# should maintain fof such situations. 1$. No Liability of Parties to One Another. Qne 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 for 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. 19. Notices. a. Notices under #his agreement may be delivered by mail as follows: City: City of Corpus Christi Attn: City Manager P.O. Box 9277 Corpus Christi, Texas 7$4fi9-9277 Page 3 of 4 LEPC VEHICLE INTERLQCALAGREEMENT Qi202011.doc Corpus Christi/Nueces County Local Emergency Planning Committee: [OTHER PARTY'S ADDRESS] b. The parties to this agreement may specify to the other party in writing. 20. Amendments to Agreement. a. This Agreement may not be amended except by written agreement approved by the governing bodies of the Parties. b. No officer or employee of any of the Parties may waive or otherwise modify the limitations in this Agreement, without the express action of the governing body of the Party, 2'I. Captions. Captions to provisions of this Agreement are for convenience and shall not be considered in the interpretation of the provisions. 22. Governing I_aw and Venue. This Agreement shall be governed by the laws ofi the State of Texas. Venue for an action arising under this Agreement shall be in accordance with the Texas Rules of Civil Procedure. Page 4 of 4 LEPC VEHICLE INTERLOGALAGREEwMItNT 01202Q11.doc PARTICIPATION NOTICE I hereby notify the Parties that Corpus ChristilNueces County Local Emergency Planning Committee has approved participation in the Interlocal Agreement for Acquisition, Management, Operation, and Maintenance of a Vehicle for the LEPC, by lawful action of its governing body, a true copy of which is attached and incorporated in this Agreement. 'Ang R. Escobar Date ~~~~~ _ City Manager . ~$ ~ ~c,T~v~~~~p ~ c°~eblrrll. ~... O~Dg~.~._._ MIIAY~~MYpl~j~~~~ SEC~ETA~y~j Glow ~`Li1~ ~ c~7!,~" LEPC VEHICLE 1NTERLOCALAGREEMENT 01202011.doc PARTICIPATION NOTICE I hereby notify the Parties that Corpus ChristilNueces Coun#y Local Emergency Planning Committee has approved participation in the Interlocal Agreement for Acquisition, Management, Operation, and Maintenance of a Vehicle for the LEPC, by lawful action of its governing body, a true copy of which is attached and incorporated in this Agreement. ~~ (J~- ' ~ ~ ~Z~r ~GI [T T E] ~C/1~u.~ces u.~`~ I.~P Date LEPC VEHICLE INTERLOCALAGREEMENT 01202091.doc