HomeMy WebLinkAboutC2013-240 - 6/25/2013 - Approved INTERLOCAL COOPERATION AGREEMENT
FOR COMMUNITY SHELTER CONSTRUCTION PROJECT
This [nterlocal Cooperation Agreement ("Agreement") is entered into by and between the City of
Corpus Christi, Texas ("City"), a municipal corporation and home-rule city of the State of Texas,
acting by and through its governing body, the City Council, and the Calallen Independent School
District("District7)acting by and through its governing body,the Board of Trustees.
RECITALS
WHEREAS, District requests that City apply to the Texas Division of Emergency Management
("TDEM') of the Department of Public Safety for a federal grant under the Hazard Mitigation Grant
Program ("HMGP") from the Federal Emergency Management Agency ("FE A") of the United
States Department of Homeland Security on behalf of District for a Community Shelter or Safe
Room Construction Project("Project");and
WHEREAS, City agrees to apply to TDEM for the federal grant under the HMGP and distribute
grant funds it receives on behalf of District;and
WHEREAS, District agrees to comply with all terms and conditions of the grant, and in the event
District fails to comply with the terms and conditions of the grant, loses or misuses the grant funds,
District assures that the funds it I be returned, in full,to T M and FE A;and
WHEREAS, District agrees to solely use the grant funds to construct a 20,000 square foot domed
structure on District's property to be primarily used as a community shelter or safe room for
protection during extreme wind events, and District is solely responsible for the costs, construction,
and maintenance of the structure;and
WHEREAS, District and City agree to formulate each Party's responsibilities and rights with
respect to the Project.
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 follows:
SECTION 1. PURPOSE.
The purpose of this Agreement is to fon-nulate the responsibilities and rights of District and City
with respect to the application for and administration of a federal grant that is to be solely used by
District to construct a domed structure on District's property primarily for use as a community
shelter or safe room for protection during extreme wind events.
SECTION 2. CITY SCOPE OF SERVICES AND RIGHTS.
a) City wil I apply to TDEM for the federal grant under the HMGP from FE A.
b) City will submit District's Requests for Payment under the grant terms, to TDEM
for grant funds reimbursement on behalf of District.
2013-240
6/25/13
Ord. 029878
Calallen ISD WDEXED
c) City will distribute to District grant funds it receives fiom T M on behalf of
District within fifteen(15)days.
d) City will be allowed, upon request, to inspect or audit District's records,documents,
accounting books and methods to insure that grant funds are not lost or misused and
to insure District complies with all terms and conditions of the grant.
e) The City will create and submit the required Shelter Operation and Management
Plan to TD EM for FE MA approval.
City shall have use of the structure as needed during extreme wind events.
SECTION 3. DISTRICT SCOPE OF SERVICES AND RIGHTS.
a) District, its contractors and subcontractors shall comply with all terms and
conditions of the grant and all applicable codes and ordinances.
b) District is solely responsible for managing the grant funds it receives.
C) District shall supervise and construct Project, using grant and District's funds, on
District's property for primary use as a community shelter or safe roomduring
extreme wind events under an approved City and District Memorandum of
Understanding("MOU") user's agreement. District may contract services under this
Agreement. However, District shall remain solely responsible for the performance of
its obligations under this Agreement. District shall be responsible for all payments to
contractors and subcontractors.
d) District shall expend funds to construct Project and then submit Requests for
Payment under the grant. District shall provide all funds necessary to cover the costs
of constructing Project to the extent such costs exceed the amount of approved grant
funds. District shall provide funds necessary to cover the costs of operating and
maintaining the community shelter or safe room once construction is completed.
City is not obligated in any way to fund or construct Project under this Agreement.
C) District shall return grant funds to TDEM and FE MA if it fails to comply with the
terms and conditions of the grant,or if it loses or misuses grant funds.The District is
fully responsible for all funds due to T M or FE MA for failure to comply with
HMGP or TSSI Safe Room Project rules and regulations.
District is responsible for the twenty five percent (25%) matching funds including
in-kind match required under the grant.The City is not responsible for any matching
funds.
g) District shal I submit Requests for Payment under the grant terms to the City to request
reimbursement of fijnds from T M on behalf of District.
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h) District shall maintain accurate and adequate records to establish compliance with
this Agreement and the terms and conditions of the federal grant.
i) District shall grant access to City,as well as applicable state and federal agencies, to
all paper and electronic records, books, documents, accounting procedures, practices
and any other items relevant to the performance of this Agreement for the purposes
of inspecting, auditing and/or copying such books and records. District shall provide
copies and printouts requested by City,T M and F without charge. District's
records, whether paper or electronic, shall be made available during regular office
hours.
j) District shall have the exclusive right to use the structure for school purposes at all
times that the structure is not being used for emergency shelter.
SECTION 4. FUNDS AND PAYMENT.
Each Party which performs services under this Agreement shall do so with currently available
funds.
SECTION 5. NO THIRD PARTIES BENEFIT.
This Agreement, and all activities under this Agreement, is solely for the benefit of Parties and
not for the benefit of any third party, except for TDEM and FEMA.
SECTION G. INTERLOCAL COOPERATION ACT.
The Parties agree that activities contemplated by this Agreement are "governmental functions and
services" and that Parties are "local governments" as that to is defined in the Intcriocal
Cooperation Act. This Agreement is made under chapter 791 of the Texas Government Code.
SECTION 7. IMMUNITY NOT WAIVED.
Nothing in this Agreement, including the execution and performance of the covenants contained
in this Agreement, is intended to or may constitute a waiver or limitation of any governmental,
official, or other immunity, defense, or other protection afforded under state and federal law to
either Party or its officers, employees, representatives, and agents.
SECTION 8. LIABILITY.
In no event shall City, District, TDEM, 1=E A, their respective employees, officers,
representatives, or agents be liable to the other parties or 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 if the other parties have been
advised of the possibility of such damages.
SECTION 10. INSURANCE.
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The District, at its sole cost and expense, shall obtain and maintain insurance as described in
attached Exhibit A, including commercial general liability insurance and professional liability
insurance coverage in amount described in Exhibit A. The District, at its discretion, may choose
to self-insure and a letter of self-insurance is required to be filed with City. District shall ensure
that its contractor(s) maintain the types and amounts of insurance listed on Exhibit A (except that
District's contractor is not required to maintain professional liability coverage.)
SECTION 11. TERM OF AGREEMENT.
This Agreement shall begin on the final date of execution by all Parties and shall continue until
the grant to expires or for a term of two (2)years, whichever comes first.
The following terms shall survive termination or expiration of this Agreement without limitation
and remain in full force and effect:
a)The structure built using the federal grant("Hazard Mitigation Grant Program") funds shall be
used primarily as a community shelter or safe room during inclement weather and emergencies;
b) District shall provide funds to cover the costs of operating and maintaining the community
shelter or safe room;
c) The liability section;
d) City, state and federal agencies access and ability to inspect and audit the record keeping,
reporting,and accounting of grant funds; and
SECTION 12. AMEENDMENTS TO AGREEKENT.
Unless otherwise provided herein, this Agreement may only be amended by written instrument
duly executed on behalf of each party. The City authorizes the City Manager and the District
authorizes the Superintendent to execute subsequent amendments, limited to non-substantive
modifications that do not require the appropriation of funds, without further approval from the
governing body.
SECTION 13. NOTICES.
All notices required or permitted hereunder shall be in writing and shall be deemed properly
delivered when actually received or, if earlier, on the seventh (71') 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 Party:
City: District:
City of Corpus Christi Calallen ISD
Attn: City Manager Attn: Superintendent of Schools
Post Office Box 9277 4205 Wildcat Drive
Corpus Christi,Texas 78469-9277 Corpus Christi,TX. 78410
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SECTION 14. ENTIREA .
This Agreement, representing the entire agreement between Parties, supersedes any and all prior
agreements between Parties, whether written or oral, relating to the subject matter of this
Agreement. No officer or employee of either Party 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 15. SEVERABILITY.
In the event any ten-n, covenant, or condition herein contained shall be held to be invalid by any
court of competent jurisdiction, such invalidity shall not affect any other term, covenant, or
condition herein contained, provided that such invalidity does not materially prejudice either City or
District in their respective rights and obligations contained in the valid terms, covenants, or
conditions hereof. To this end, the remaining terms, covenants, and conditions hereof are severable
and continue in full force and effect.
SECTION 16. VALEDITY AND ENFORCEABILITY.
If any current or future legal limitations affect the validity or enforceability of any provision of this
Agreement, then the legal limitations are made a part of this 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. As so modified,this Agreement continues in fall force and effect.
SECTION 17. LAWS AND VENUE.
City and District shall comply with all federal, state, county, and local laws, ordinances, rules, and
regulations applicable to this Agreement and each Party's respective performance thereunder. This
Agreement shall be interpreted according to Texas laws governing the interpretation of contracts.
Venue for an action arising under this Agreement shall lie in Nueces County, Texas and be in
accordance with the Texas Rules of Civil Procedure.
SECTION 18. CAPTIONS.
Captions to provisions of this Agreement are solely for convenience and shall not be considered in
the interpretation of any provision.
SECTION 19. NON-ASSIGNMI4:NT.
District shall not assign or transfer, in whole or in part,directly or indirectly,any of its rights or
obligations hereunder without the prior written consent of City,and any attempt of assignment or
transfer without such consent shall be void. However,this Agreement is binding upon the parties to
this Agreement and their respective heirs,successors,and assigns.
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SECTION .
This Agreement has been officially authorized by the governing body of each Party. Each signatory
to this Agreement guarantees and warrants is that the signatory has full authority to execute this
Agreement and to legally bind their respective Party to the Agreement.
[Signatures on next page.]
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CITY OF S CMUSTI CALALLEN INDEPENDENT SCHOOL
DIST
real Olson t Paul Peel (Date)
Ci ager President, School Board of Trustees
EST:
A3 QLx r� Xk X. 13 13
Annando Chapa ( ate) A.rtnro Alnyer�d , Em m ate}
City Secrete Superintendent,
Lv J- .,. .2,9 K—, L K
of
� .
APPROVED AS TO FORM:
Buck rice (Date)
Assistant City Attorney
For City Attorney
Page 7 of 9
EXHIBIT A
INSURANCE REQUIRMENTS
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 of
Insurance with applicable policy endorsements, showing the following minimum
coverages by insurance company(s)acceptable to the City's Risk Manager.
TYPE OF INSURANCE MINIMUM INSURANCE
COVERAGE
COMMERCIAL GENERAL LIABILITY $500,000 Per Occurrence
including:
I. Broad For
2. Products/Completed Operations
3. Contractual Liability
4. Independent Contractors
5. Personal Injury/Advertising Injury
PROFESSIONAL LIABILITY including: $300,000 per claim 1$500,000 aggregate
Coverage provided shall cover all employees,
officers, directors and agents
I. Errors and Omissions
C. Public Entity's financial integrity is of interest to the City; therefore, shall obtain and
maintain in full force and effect for the duration of this Contract, and any extension hereof at
Public Entity's sole expense, insurance coverage written on an occurrence basis, by
companies authorized and admitted to do business in the State of Texas and with an A.M.
Best's rating of no less than A-VII.
D. The City shall be entitled, upon request and without expense, to receive copies of the policies,
declarations page and all endorsements thereto as they apply to the limits required by the
City, and may require the deletion, revision, or modification of particular policy terms,
conditions, limitations or exclusions (except where policy provisions are established by law
or regulation binding upon either of the parties hereto or the underwriter of any such
policies). Public Entity shall be required to comply with any such requests and shall submit a
copy of the replacement certificate of insurance to City at the address provided below within
10 days of the requested change. All notices under this Article shall be given to City at the
following address:
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City of Corpus Christi
Attn: Risk Management
P.O. Box 9277
Corpus Christi, TX 78469-9277
Fax: (361) 826-4555
E. Public Entity agrees that with respect to the above required insurance, all insurance policies
are to contain or be endorsed to contain the following required provisions:
i. Name the City and its officers, officials, employees, volunteers, and elected
representatives as additional insured by endorsement, as respects operations and activities
of, or on behalf of, the named insured performed under contract with the City.
ii. 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;
iii. 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)calendar 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. Without waiving the Public Entity's sovereign or governmental immunity and to the extent
permitted by the Constitution and laws of the State of Texas, 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.
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 for
liability arising out of operations under this contract.
1, 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 Agreement-FEMA Grant Submission
6-10-2013 djs Risk Management
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MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CORPUS
CMUSTI AND CALALLEN INDEPENDENT SCHOOL DISTRICT
WHEREAS, City of Corpus Christi ("City")applied for a federal grant on behalf of the Calallen
Independent School District("District")to the Texas Division of Emergency Management
("TDEM") of the Department of Public Safety for a federal grant under the Hazard Mitigation
Grant Program ("HMGP") from the Federal Emergency Management Agency ("FEMA") oft e
United States Department of Homeland Security for a Community Shelter or Safe Room
Construction Project;
WHEREAS, the City was awarded a grant for seventy five percent(75%)of the total estimated
cost of$2,400,000 for construction of a domed structure to be used as a Community Shelter or
Safe Room for protection during extreme wind events under Project Number DR-1791-347
("Project");
WHEREAS, there is a need to formulate the responsibilities of the District and the City with
respect to the Project;
BE ITT E EF E AGREED AS FOLLOWS:
The District will be responsible for costs of the Project that are not covered by the grant funds
including the twenty five percent(25%) matching funds
The District will be responsible for managing the grant.
The District will keep complete records of all work-, including but not limited to: receipts,
canceled checks,job orders, contracts, equipment usage documentation, and payroll information.
The District will provide the City with complete records of the project upon request and upon
completion of the project. The City shall retain the records for three years upon project close.
The District will submit the Requests for Payment under the grant terms to City to request
reimbursement of funds from T M on behalf of District. The Request for Payment must
include:
I. Quarterly Hazard Mitigation Project Payment Request Form
2. Recommended pay estimates by the architect or contractor for construction activities
and/or materials.
3. Cancelled checks for the activities performed.
4. Invoices for all the activities performed by the contractors(professional services and
construction).
5. If applicable, in-kind force account personnel cost calculation sheets and related
timesheets,and equipment cost calculation sheets and related time sheets.
City will submit District's Requests for Payment, under the grant terms, to T M for grant
funds reimbursement on behalf of District. City will distribute to District grant funds it receives
from T M on behalf of District within fifteen (15) days.
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The City authorizes the District to enter contracts with architects, contractors, and other service
providers necessary for the construction of the Project.
When participating in the State's Hazard Mitigation Grant Program for the Community Shelter,
Calallen IS D will be selected as the primary contractor without going through the City's normal
bid process.
The District must comply with all Federal, State, local and District's procurement policies, or
whichever is the most stringent. For procurement of Professional Services, applicant shall follow®
all Federal, State and local rules to ensure an open and fair competition is held.The District shall
submit the its procurement policies, evidence of procurement and confirmation of selection with
the service providers/vendors to the State for reimbursement evaluation.The District will notify
the City of the submittal and will provide the City with a copy of the documents submitted to the
State.
The District must check every vendor, contractor, and professional service provider through the
de-barred list using the System for Award Management(SAM) System.The District will provide
the State with a SAM form verifying the contracting party is not on the Excluded Parties List.
The District shall not delegate the submission of SAM forms to the contracting parties.
Additionally, the District will provide the State with Third Party Authorization forms for each
vendor, contractor, and professional service provider.The District will notify the City ofthe
submittal and will provide the City with a copy of the documents submitted to the State.
The District shall provide the State with 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 budget
shall identify the amount allocated for professional services, construction, and any other related
fees and budget line items. The District will notify the City of the submittal and will provide the
City with a copy of the documents submitted to the State..
The District shall be responsible for project design, engineering, administration and construction
activities.The project shall follow all Federal, State and local guidance on using professional
services. Project design,engineering, administration and construction activities must comply
with FEMA Publication 361, "Design and Consti-itclion Guidancefor Community Safe Rooms"
(Second Edition/August 2008).
Before breaking ground, the District will provide the State with the final construction plans and
specifications with a raised architect's seal, assuring that the safe room meets or exceeds the
criteria outlined in FEMA Publication 361..The District shall not delegate the submission of
the final construction plans and specifications.The District will notify the City of the submittal
and will provide the City with a copy of the documents submitted to the State.The State will
have the plans peer reviewed and will issue an approval before the District may proceed with
construction. In addition,the project must also comply with the additional State requirements
contained in the Texas Community Safe Room Policy.
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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 will provide the
City with a copy of the documents submitted to the State.Final project payments will be made
based upon the submission oft e 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 151',
January 151i,April 151h, and July 151h of each year until the project is complete.Failure to submit
reports or submitting a report with two consecutive quarters indicating no progress may result in
project funding being forfeited.The District will notify the City of the submittal and will provide
the City with a copy of the documents submitted to the State.
The City will create and submit the required Shelter Operation and Management Plan to the
Texas Division of Emergency Management for FEMA approval.
The City will execute documents to allow the District to communicate with Texas Division of
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 use
the property upon completion.The City agrees to sign any documents necessary to convey title
to the District.
The City and FE MA shall have use of the structure as needed during an extreme wind event.
Executed in duplicate originals this-E)i day of June,2013.
CITY OF CORP IS TI C N INDEPENDENT SCHOOL
DISTRICT
I son Dr. Arturo Alrnendarez
Ci Ma. er Superintendent
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Approved as to legal form: 2013
Buck Brice
Assistant City Attorney
For City Attomey
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