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HomeMy WebLinkAboutC2013-203 - 6/25/2013 - ApprovedQ111 tKOM) IORMI VWV If, 161 ft V DI "IlKileb-'11 I (In IN This Interlocal Cooperation Agrecrnent'C'AgreemenV) is entered into by and between he City Ite Texa Corpus Chn'sti, Texas , a municipal corporation and home-rule city of the Sta Of a acting by and through its governing body, the City Council, and the Del Mar College (College),11 political subdivision of the State of Texas, acting by and through its governing body, the Board Regents. WHEREAS, College requests that City apply to the Texas Division of EmergencynTianagement ("TDEM') of the Department of Public Safety for a federal grant C'Hazard Mitigation Giant Prograno from the Federal Emergency Management Agency C'FEMA") of the United States Department of Homeland Security on behalf of College for a Community Shelter or Safe Room Construction Project CProject! ); and WHEREAS, City agrees to apply to TDEM for the federal grant C'Hazard Mitigation Grant ProgranV') and distrib6te grant funds it receives on behalf of College; and WHEREAS, College agrees to comply with all terms and conditions of the grant including assurances, and in the event College fails to comply with the terms and conditions of the grant, losim or misuses the ermt. funds. Colleae assures that the funds will be returned. in full. to TDEM FTIT-13:074M, = N 11 ! 1 1 . -#- 1 1, T It - on College's property to be primarily used as a community shelter or safe room during inclement weather conditions and emergencies, and College is solely responsible for the costs, construction, maintenance of Project; and WHEREAS, College and City agree to formulate each Party's responsibilities and rights with resR` ct to Project. 10(04. agree as follows: I I f I �I DIN V Is The purpose of this Agreement is-to formulate the responsibilities and rights of College and City iry College to construct a structure on College's property primarily for use as a community shelter or as needed during inclement weather conditions and emergencies. �I X44y 1 REW-41 V ST-EXII ' Ml WKI 01 IN IN WO 11"Li Wt 2013-203 6/25/13 *rd.029879 Del Mar College INDEX SEMON 3. 2+ 2:2 G£S ±2 OF SERVICES AND RIGHIS. a) College, its contractors and subcontractors shall comply with all terms and conditions - of the grant, including assurances, and all applicable codes aril ordinances. 11T <. e) College shall return grant funds to TDEM and FEMA if it %§<4<»« /< with ©` terms and conditions of the, grant, or 2242 »i» ©es grant funds. The College is fully responsible for all funds due to TD?dam FEMA for failure to comply with HMGP, TSSI Safer Roqrn Project ©l and regulations. �IMVVC [-�ach Party which performs services under this Agreement shall do so with funds available from its current revenues. �j DEN I CSJ / V 1!,03 V.11s This Agreement, and all activities under this Agreement� is solely for the benefit of Parties and not for the benefi . t of any third party, except for TDEM and FEMA. SECTION6. INTERLOCAL COOPERATION ACT. The Parties agree that actives- contemplated by this Agreement are "governmental functions and services" and that Parties are "local governmen&' as that term is defined in the Interlocal Cooperation Act. This Agreement is made'under chapter 791 of the Texas Government Code. 101j) tIVIV 6,411 11 11 Mrriff T JW MUMILT WSW YWOMMI - kVFj7Uj V7_V in this Agreement, is intended'to or may constitute a waiver or limitation of any governinental, official, or other immunity, defense, or other protection afforded under state and federal law to either Party or its officers, employees, representatives, and agents. �4 Dreg V 57M.011 Eno 14 Un no event shall City, TDEM, FEMA, its employees, officers, representatives, or agents be liable to College qr any person at any, tirnefor any special, incidental, or consequential damages, arising from brea6h'of warranty, breach of contract, negligence, strict liability in tort, or any ulier legal theory, even.if City, TDEM, or FEMA hits been advised of the possibility of such lamages. 031MUNURRi" M Wr V ( This f*axme© shall begin on the final ¥£<+<< «§on by all Parties and shall continue until the grant term expires or for a term of two (2 years, whichever comes first. �Iplfty( Unless otherwise provided herein, this Agreement may only be amended by written instrume duly executed on behalf of each party, The ©w authorizes the City Manager and the Collej authorizes the Superintendent to execute subsequent amendments, limited to non-substanti z modifications that do not require the appropriation of funds, without further approval from governing body. RE City of Corpus Christi Attn: City Manager Post Office Box 9277, Corpus Christi, Texas 784669277 Del Mar College Pj Attn: President 101 BaldLwin Boulevard ti 1 DNKIXAMI 2 Each sipatorx to this Agreement guarantees and wartants that the signatory has full authority to execute this Agreement and to legally bind their respective Party to the Agreement. MI A=T- . e aw) D. te) niy M� T 11 Chair, De ar Ilege Board of Regents Buck Brice (Date) Assistant City Attorney For City Attorney IM91 I W11111,11 I I fz&j"L-,jg Lei Ao 0141111 "12,M) MMV 611W A. Public Entity must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. B. Public Entity must furnish to the City's Risk Manager, two (2) copies of Certificates Insurance with applicable policy endorsements, showing the following minitnu coverages by insurance company(s) acceptable to the City's Risk Manager. I OTSM� City of Corpus isti Attn: Risk Management P.• . Box 9277 Corpus Christi, TX 78469-9277 Fax: (361) 826-455S E. Public Entity agrees that With respect to the above required insurance, all insurance policies are to contain or be endorsed to contain th& following required provisions: Name the City and its officers, officials, employees, volunteers, and elected i f actwitles of, or on behalf of, the named insured performed under contract with the City. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 4i. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendir days advance written. notice'for nonpayment of premium. F. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Public Entity shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Public Entity's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. G. Nothing herein contained shall be construed as limiting in any way the extent to which the Public Entity may be held responsible for payments of damages to persons or property resulting from Public Entity's, or its subcontractors' performance covered under this agreement. 5 H. It is agreed that Public Entity's insurance shall be deemed primary and non-contributory with respect to, any insurance or self insurance carried by the City of Corpus Christi fof liability arising out of operations under this contract. , I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2013 Fire Department Inter local Aereement-FEMA QnmLSvbmLgsion 6-10-2013 djs Risk Management 4K 1114 U IRK01 411 'N &I VIR110 1213-01ROKEMIKI III RX" ONt =011sidalAtigad L t-1, 0 40 it Project ("Project"); kl,TIMA 111 C the construction of the new multipurpose building; MOUR I C-1-1 1.1 N, -70190XI I lig id LIJ 1 .1 toy 0 1461*14=930-0 Tff Raw- 4" to] 1117,111414 k1r. 1!1.�.L41414111 I I U&I I I Ir. I 4TITIV.- T-17470TIM I E I The City authorizes the College to enter contracts with architects, contractors, and other service providers necessary for the construction Project. When participating in the State's Hazard Mitigation Grant Program for the Community Shelter, Del Mar College will be selected as the primary contractor without going through the City's n4 rmal bid process. City acknowledges that it is not claiming any ownership Interests in the property or right to use the property upon completion. The City agrees to sign any documents necessary to convey title to the College. The City and FEMA shall have use of the structures as needed during inclement weather conditions and emergencies. M1 For City Attorney Jim FWNISXIJ114 �'� Kfi-ft Escamilla, Ph. D. President, Del Mar College L4 V7 2013