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HomeMy WebLinkAboutC2013-204 - 6/25/2013 - ApprovedU*4TERLOCAL COOPERATION AGREEMENT WIT = W=IrMlnly TM I MIM-11901dill W11EREAS, District agrees to comply with all terms and condi6ons of the grant including ,7�ssurances, and in the event District fidls to comply with the terms and conditions of the grant f,osses or misuses the gmnt funds, District assures that the fimds will be returned, in M, to TDEM =-d FEMA; and V'P!W,4c�AS, District agrees to solely use the grant funds to construct a 20,000 and a 12,000 sq foot structures ■ District's property to be primarily used as a community shelters or safe r•o during inclement weather conditions and emergencies, and District is solely responsible for costs, construction, maintenance of Projects; and .1 WHEREAS, District intends to use the facilities for school purposes when not needed as community shelters; and WHEREAS, District and City agree to formulate each Party's responsibilities and rights A respect to Project. 011, 10C:L 90,;eProp wtims ), dulkaorl=U py appropinafe acuons or Ilej. A 100 '"1 agree as follows: • IHMJ�t4 I-VIL-DISfIv - IV lmm=z lot 2013-2C11 6/25/13 itord. 02998 Tuloso-Midway ISD MEMO] of I 1-301dot s - 4r. I I R4 �M, g) District shall submit reimbursement packages under the grant terms «hich include, but not firnited to, invoices and canceled checks, to City to request reimbursement of funds from d# ?M on behalf of District. District shall have the exclusive right to use the facilities for school purposes at au times that the facilities are not be? »» k for emergency shelter. 14 +2 « 222 +1x2$ 1! 11 11111 ig w ROOM Q 51411 111 �I-Rs" In no event shall City, TDEM, FEIMA, its employees, officers, representatives, or agents b; Hable to District ® any person at any time for any special, incidental, or consequential damages, arising from breach of warranty, breach of contract. negligence, strict liability in tort, or any other legal theory, even 2 City, TDEM, or FEMA has been advised of the possibility of such b3 3(441 Wwtaq nflm +\\?2* � �94 U, 3101311 Unless otherwise provided herein, this Agreement may only be amended by written 4?«©e duly executed on behalf of each party. The City authorizes the City Manager and the Distri j authorizes the Superintendent to execute subsequent amendments, Umited to non-substanti modifications that do not require the appropriation of funds, without fin-ther approval from governing bodies. ;3 M City of Corpus Christi Attn: City Manager Post Office Box 9277 Corpus Christi, Texas 78469-921 310 r I Attn: Superintendent of Schools 9760 La Branch Street Corpus Christi, Texas 78410 ins ff YOM or He governing 5 uy Will F duty authorized agen �I I I re-ity and District shall comv-Ly Yith all federal sta e-c-si-k-r* regulations applicable to this Agreement and each Party's respective performance thereunder. This Agreement shall ■ interpreted according to Texas laws governing the interpretation ■ contracts. Venue for an action arising under this Agreement shall He in Nucces County, Texas and be in accordance with the Texas Rules of Civil Procedure. Captions to provisions of this Agreement are solely for convenience and shall not be considered the interpretation of any provision. i I DIQ . 11 1 . 9. aim District shall not assign or transfer, in whole or in part, directly or indirectly, any of its rights or obligations hereunder without the pr4 <» « ©m t consent of City, and any attempt «\m\ men or transfer without such consent sh-sM ' this Agreement and their respective successors in office. �I OEM V This Agreement has been officially authorized by the governing body of each Party. 'Each signatory to this Agreement guarantees and warrants that the signatory \§!\<d authority to execute this Agreement and to legally bind their respective Party to the Agreement. 111 R AM-41 . /.: /Chap:.. (Date) City Secretary FTII 3 J wj gt�' 7-m* Buck Brice (Date) Assistant City Attorney For City Attorney I s. Dr. Sue Nelson ^ (Date) Superintendent, Pursuant to Board vote on '711's-113 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 minim coverages by insurance company(s) acceptable to the City's Risk Manager. I PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions C. Public Entity's financial integrity is of interest to the City; therefore, shall obtain maintain in full force and effect for the duration oft : Contract, and any extension hereof, Public Entity's sole expense, insurance coverage written on an occurrence basis, lb companies authorized and admitted to do business in the State of Texas and with an A. Best's rating of no less than A-VU. City of Corpus Christi I Attn: Risk Management P.O. Box 9277J Corous Christi ll E. Public Entity agrees that with respect to the above required insurance, all insurance polici are • contain or • endorsed to contain the following required provisions: i i. Name the City and its officers, officials, employees, volunteers, and electc. representatives as additional insured by endorsement, as respects operations and activiti of, or on behalf of, the named insured performed under contract with the Cit i iii. Provide thirty (30) calendar days advance written notice directly to City of arn suspension, cancellation, non-renewal or material change in coverage, and not less thj ten (10) calendar days advance written notice for nonpayment of premium. F. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverag Public Entity shall provide a replacement Certificate of Insurance and applicab endorsements to City. City shall have the option to suspend Public Entity's performan should there be a lapse in coverage at any time during this contract. Failure to provide and 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 Public Entity may be held responsible for payments of damages to persons • prope resulting from Public Entity's or its subcontractors' performance covered under th agreement. 1 Fl. It is agreed that Public Entity's insurance shall be deemed primary and non-contributoQ—L with respect to any insurance or self insurance carried by the City of Corpus Christi liability arising out of operations under this contract. F. 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 wig VaRl &3V WRO M UJI14111413011 1"XIM&IO 1101201011pla W,190=9191 S�11 WHEREAS, City of Corpus Christi ("City") applied for a federal grant on behalf of the Tuloso- Midway Independent School District ("District") for the Texas Safe Shelter Initiative (TSSI) Safe Room Project; 'VT-A-ffA-EM--,Th—e-Uty was awarded a grant jF5r—/Y!7o 7oUe costs of1he Jome Construction Projects ("Projects"); L 1 1 • 11 • 11 1 RNIMST T the construction of the new multipurpose building; WHEREAS, Project DR- 1791-349, which has a total estimated costs of $1,440,000 consists of the construction of the new multipurpose building; LY"V-qUIIIIifJ �J. purposes when not in use as safety shelters, and also in weather emergencies; II!III WUMT171 =— ri I rmegeme,-Tli 1 70, 1 C tie i1pismUt 7-1 respect to the Projects; The District will be responsible for costs of the Projects that are not covered by the grant funds including the 25% match. ­­ �'V .. C FIJ ect Kpon WMVffTeT upon completion of the project. The City shall retain the records for three years upon project close. ... . ....... 1111 n7c ;Ivi= IIIII I !'IIC'J 1111111111,11111111' 1 ii.� L L • providers necessary for the construction projects. The District shall provide the State a finalized budget for the project before the start of construction. The budget shall clearly identify all hard and soft costs for the project. The District will notify the City of the submittal and provide a copy. The District will submit the Certificate of Completion along with a final quarterly report containing a recap of all project expenditures, an elevation certificate, and certificate of occupancy to the State. The District will notify the City of the submittal and provide a copy. Final project payments will be made based upon the submission of the Certificate of Completion, final programmatic inspection, and the financial compliance review by the State. The District will submit Quarterly Progress reports to the State no later than October lanuary 15 Ih April 15 Ih , and July 15 Ih of each year until the Projects are complete. Failure to submit reDorts or submittine a renort witbaffimiiaims 41 16!- provide a copy. The City will create and submit the required Safe Operation and Management Plan to the Texas Division of Emergency Management for FEMA approval. 5 communicate witTYURMY vision or Emergency Management when applicable. The District will provide the City with copies of communications with all parties including the State that relate to the TSSI Project. City acknowledges that it is not claiming any ownership Interests in the property or right to tisr, the property upon completion. The City agrees to sign any documents necessary to convey title to the District. The City, the District, and FEMA shall have use of the structures as needed ittring inclement weather conditions and emergencies. Executed in duplicate originals this �r' day of June, 2013. Dr. Sue Nelson Superintendent Approved as to legal forrn: 2013 all- lip" Susan G. Ivfo--A�oA The Fowler Law Finn, PC General Counsel for TMISD I