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Home My WebLink AboutC2011-374 - 9/28/2011 - NAastt�a.�� INTERLOCAL AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND COUNTY OF NUECES THE STATE OF TEXAS § COUNTY OF NUECES § This Agreement made this the 28th day of September 2011, between the City of Corpus Christi, ( "CITY") and COUNTY OF NUECES, TEXAS, a political subdivision of Texas ( "COUNTY "). WITNESSETH WHEREAS, COUNTY and CITY are governmental entiies and have the same governmental functions, to provide for the safety of its citizens during an emergency; WHEREAS, COUNTY owns property in Nueces County, namely the Richard M. Borchard Regional Fairgrounds; WHEREAS, CITY wants to use the Richard M. Borchard Regional Fairgrounds before, during, after a hurricane or other emergency; WHEREAS, CITY and COUNTY desire to share their resources in addressing the needs of its citizens during an emergency; WHEREAS, pursuant to the authority granted by the Texas Interlocal Cooperation Act (Tex Gov't Code Ann. §791.001. et seq.) providing for the cooperation between local governmental bodies, the parties hereto, in consideration of the premises and mutual promises contained herein agree to as follows: I. CITY has requested the use of the COUNTY'S Richard M. Borchard Fairgrounds, hereinafter "premises ", located in Robstown, Texas and use areas are described in Exhibit " A " for a City of Corpus Christi ,Staging Site. The use of the premises as described in Exhibit "A" is triggered by the CITY'S written request to the County Judge for use pre - disaster, disaster, and post - disaster or other emergency. County Judge will review the request and make a determination to grant or deny the use of the premises. COUNTY shall inspect the premises when COUNTY receives a written request for the use of the premises, at the conclusion of the event, and at the time of notice of termination. COUNTY shall have similar staging site agreements such as this agreement with other entities and shall have the sole discretion for determining premises usage as described in Exhibit "A" during staging site operations including a determination of the location of parking and/or storing of equipment and parking of vehicles, including whether or not to allow certain types of equipment or personnel. In the event that a staff/personnel shelter is required, COUNTY shall designate a "Shelter Manager" to direct operations as appropriate. 2011 -374 0912$111 County of Nueces, Texas INDEXED Page 2 H. A. To the extent authorized by Iaw. CITY, by execution of this Agreement, agrees to pay COUNTY directly for any damages incurred in the use of the premises, by CITY representative, employee or agent. B. COUNTY shall not assume any responsibility or liability to any CITY representative, employee or agent who has a claim or cause of action as a result of the use of the premises. C. In the event of a dispute or claim between COUNTY and CITY resulting from CITY's use of the premises as a staging site, CITY agrees to: 1. Provide written notice to COUNTY within two (2) business days of any dispute or claim or cause of action brought by CITY representative, employee or agent; 2. Use good faith efforts and attempt to quickly resolve any and all disputes, claims, and causes of action with CITY representative, employee or agent; 3. Pay to COUNTY all direct and indirect costs associated with any and all actions required for resolution of any dispute or claim or cause of action related to this Agreement; 4. In the event of any mediation, arbitration, obligation or other actions resulting from CITY's use of premises and resulting contract, CITY will, at its sole cost and expense, enter and defend such actions, including the interest of COUNTY, and shall pay all costs and expenses, including attorney's fees, court costs, claims, causes of action, demands or judgments arising in any way from any actions related to this Agreement. D. CITY, by execution of this Agreement, agrees to allow a COUNTY representative the authority to move the equipment as needed if a CITY representative is not available. E.. COUNTY and CITY acknowledge that neither party is an agent, employee or joint enterprise of the other, and that each party is responsible for its own actions, forbearance, negligence and deeds, and for those of its employees, in conjunction with the use of the premises. III. The term of this Agreement is for two (2) years with two (2) one (1) year automatic renewals unless either parry gives a ninety (90) day written notice of termination. Said written notice will be given pursuant to paragraph W.H. of this Agreement. Page 3 "W A. Binding Agreement and Authority. This Agreement has been duly executed and delivered by both parties and constitutes a legal, valid and binding obligation of the parties. Each person executing this Agreement on behalf of each party represents and warrants that they have full right and authority to enter into this Agreement. B. Amendment and Assignment. This Agreement may not be amended except in a written instrument specifically referring to this Agreement and signed by the parties hereto. This Agreement shall not be assigned to any Third Parry. C. Applicable Law. This Agreement shall be governed by and construed in accordance with the applicable state laws and venue of any legal action filed by either COUNTY or CITY shall lie in Nueces County, Texas. Nothing herein is intended to benefit any third party beneficiaries. D. Immunity. This Agreement shall be expressly subject to COUNTY'S Governmental Immunity and Sovereign Immunity, Title 5 of the TEXAS CIVIL PRACTICES AND REMEDIES CODE, and all applicable federal and state law. E. Indemnification. THE CITY HEREBY WAIVES ALL CLAIMS AND DEMANDS AGAINST COUNTY FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND TO ANY PERSON OR PROPERTY ARSING FROM ANY USE OR ACT OCCURRING ON OR UPON THE PREMISES. TO THE EXTENT PERMITTED BY LAW, CITY FURTHER AGREES TO PROTECT, INDEMNIFY AND HOLD HARMLESS THE COUNTY, ITS GOVERNING BODY, COMMISISONERS, OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY CLAIMS, CAUSES OF ACTIONS, SUITS, JUDGEMENTS, LOSSES, DAMAGES AND LIABILITY OF EVERY KIND, INCLUDING ALL EXEPNSES OF LITIGATION, PROPERTY DAMAGES (INCLUDING INJURIES, DEATH OR PROPETY DAMAGES SUFFERED BY CITY EMPLOYEES OR THE EMPLOYEES OF ITS AGENTS OR CONTRACTORS) RESULTING FROM THE USE OF THE PREMISES, WHICH OCCURRED, OR ARE ALLEGED TO HAVE OCCURRED DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM ANY ACT, OMISSION, OR NEGLIGENCE OF CITY OR ANY OF ITS EMPLOYEES, CONTRACTORS OR AGENTS. F. Severability. In the event that one (1) or more of the provisions herein shall be held invalid, illegal or unenforceable in any respect, this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein, and shall not affect the remaining provisions of this Agreement, which shall remain in full force and effect. G. This Agreement shall take effect upon execution by both signatories, and shall serve as each governmental body's commitment pertaining to the use of the premises referenced Page 4 in Article I hereof. This Agreement has been authorized by the governing bodies of the parties hereto. H. All notices to either party by the other, required under this Agreement shall be personally delivered or mailed by certified mail return receipt requested to such party at the following respective address: COUNTY County Judge 901 Leopard, Suite 303 Corpus Christi, Texas 78401 CITY OF CORPUS CHRISTI City Manager 1201 Leopard, City Manager's Office Corpus Christi, Texas 78401 THIS REMAINING PAGE IS INTENDED TO REMAIN BLANK Page 5 EXECUTED THIS 28th DAY OF SeptembE W11. NUECESCOUNTY ,z I 1�e - 2&1-/ 01 Sa uel . Neal, Jr., County Judge ATTE ED : By: Diana Barrera, County Clerk Vm D ek ckt' Z' O Y A I ATTESTED: By: Armando Chapa, City Secr tart' II 11 0 JL II r Exhibit A Richard M. Borchard Regional Fairgrounds 1213 Terry Shamsie Blvd. Robstown, TX 78380