INTERLOCAL AGREEMENT
FOR USE OF RTA BUSES
DURING HURRICANE EMERGENCY
This Interlocal Agreement is made by and between Nueces County (“County”) and
Corpus Christi Regional Transportation Authority (“RTA”).
WHEREAS, the County includes the areas of Agua Dulce, Driscoll, Petronila and
unincorporated areas subject to emergencies created by the approach and landfall of
hurricanes;
WHEREAS, the RTA is a metropolitan transit authority that provides quality, accessible
and affordable transportation service for residents of Nueces County and parts of San
Patricio County;
WHEREAS, the County is an evacuation county during hurricane warnings which
evacuates to an inland area for sheltering needs, and the County has established an
Evacuation HUB site for medical special needs & transportation-dependant residents for
evacuation assistance to a sheltering community;
WHEREAS, many individuals are able to evacuate themselves to inland areas upon the
approach of a hurricane, but others are not able to do so either because of physical or
economic inability; consequently, after Hurricanes Katrina and Rita in 2005, there has
been strong public demand for the County to provide the means to evacuate residents
before hurricanes make landfall in this area; and
WHEREAS, in response to the desire expressed by the public, the County wishes, to
utilize RTA’s transportation assets to evacuate County residents to the Evacuation HUB
Site for the general health, safety, and welfare of the public subject to the terms and
conditions hereinafter set out;
NOW, THEREFORE, in consideration of the mutual covenants herein exchanged, the
County and RTA agree as follows:
1.
Use of Buses. The RTA agrees to provide to the County certain
transportation assets, upon the occurrence of events described herein, for
use to evacuate County residents to the Evacuation Hub Site before a
hurricane makes landfall in the area and return the residents after landfall.
a. In the event of a declaration of disaster declared by the County and/or
County Judge as a result of the imminent threat of a hurricane, the
County Judge will notify the RTA’s CEO, and the CEO will make buses
available for use by the County for the duration of the declaration of
disaster.
b. The CEO and the County Judge are delegated the authority, in their
complete discretion and judgment under the circumstances existing at
that time, to determine which buses should be made available.
Exhibit A, which is attached to and incorporated by reference into this
Agreement, sets out the services and commitments each party agrees to
perform to implement this Agreement.
2.
Term. This Agreement shall remain in effect for a term of (1) year,
commencing June 1, 2009, and shall be automatically renewed annually
unless either party cancels by giving written notice no later than ninety (90)
days before Agreement renewals expiration.
3.
INDEMNIFICATION. RTA HEREBY WAIVES ALL CALIMS AND DEMANDS
AGAINST THE COUNTY FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND
TO ANY PERSON OR PROPERTY ARISING FROM ANY USE OR ACT
OCCURRING ON OR UPON THE PREMISES. RTA FURTHER AGREES TO
PROTECT, INDEMNIFY AND HOLD HARMLESS THE COUNTY, ITS
DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST
ANY CLAIMS, CAUSES OF ACTIONS, SUITS, JUDGMENTS, LOSSES,
DAMAGES AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS AND ATTORNEYS’ FEES FOR INJURIES, DEATH
OR PROPERTY DAMAGES (INCLUDING INJURIES, DEATH OR PROPERTY
DAMAGE SUFFERED BY RTA’s EMPLOYEES OR THE EMPLOYEES OF ITS
AGENTS OR CONTRACTORS) RESULTING FROM THE ACTIVATION OF
TRANSPORTATION ASSETS, WHICH OCCURRED, OR ARE ALLEGED TO
HAVE OCCURRED DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART,
FROM ANY ACT, OMMISSION, OR NEGLIGENCE OF RTA OR ANY OF ITS
EMPLOYEES, CONTRACTORS OR AGENTS.
4.
Notices. All notices shall be in writing and shall be delivered to the
following addresses or at such different addresses as shall be directed by
the parties in writing from time-to-time.
If to the RTA:
If to the County:
Corpus Christi Regional
Transportation Authority
5658 Bear Lane
Corpus Christi, Texas 78405
Attn: CEO
County Judge
Nueces County Courthouse
901 Leopard Street, Suite 303
Corpus Christi, Texas 78401
Attn: Director, OCCA
Attn: Emergency Management
5.
Assignment. Neither party may assign this Agreement to any other person
or party without the prior written consent of the other party to this
Agreement.
6.
Entire Agreement. This Agreement constitutes the entire agreement
between the parties with respect to the subject matter hereof and all prior
agreements, representations and negotiations between the parties
regarding the subject matter are hereby superseded. This Agreement shall
not be altered or amended except by the agreement in writing executed by
both parties hereto.
7.
Survival. Termination of this Agreement shall not relieve either party of any
obligation that by its nature should survive termination, including but not
limited to all guarantees and promises of indemnity.
8.
Governing Law. This Agreement has been executed and delivered and
shall be interpreted and enforced in accordance with the laws of the State
of Texas.
9.
Venue. Venue for resolution by a court of competent jurisdiction of any
dispute arising under the terms of this Agreement, or for the enforcement of
the provisions of this Agreement, is specifically set by Agreement of the
parties in Nueces County, Texas.
10.
Signatory Warranty. The undersigned signatories represent and warrant
that they are an officer of the organization for which he or she has executed
this Agreement.
11.
Severability. If a court of competent jurisdiction determines that any term of
this Agreement is invalid or unenforceable to any extent under applicable
law, the remainder of the Agreement (and the application of this Agreement
to other circumstances) shall not be affected thereby, and each remaining
term shall be valid and enforceable to the fullest extent permitted by law.
12.
Interlocal Cooperation Act. This Agreement is being executed pursuant to
Texas Interlocal Cooperation Act, Chapter 791, Texas Government Code, in
order to provide for such services and improvements, and the obligations of
the respective parties hereunder shall be payable out their current revenues.
EXECUTED AND MADE EFFECTIVE ON THE DATE LAST SIGNED BELOW.
REGIONAL TRANSPORTATION ATHORITY (RTA)
NUECES COUNTY
By: _________________________________
CEO
By: __________________________
County Judge
Date:________________________________
Date: ________________________
Attest: _______________________
County Clerk
Date: ________________________
Exhibit A
BUS USE
The following is the basic understanding regarding the agreement between the
County and RTA:
1.
2.
3.
4.
5.
6.
7.
The RTA will provide as many buses as available for rotational pick up at
the pre designated departure points located in Robstown, Driscoll, and
Bishop.
The RTA will provide an appropriate number of Bus for Special needs
Transportation in Agua Dulce, Driscoll, Petronila, and the unincorporated
areas of Nueces County.
The RTA buses will drive evacuees to designated Evacuation Hub site
located at Richard M. Borchard Fairgrounds, 1213 Terry Shamsie Blvd,
Robstown, TX 78380.
The RTA buses will pick up evacuees from HUB site and return evacuees
when it is declared safe to return to the County areas.
The County will provide staff at each location to provide:
a. Registration.
b. Security\Traffic control.
c. Water & Snacks.
d. Health services.
The County will reimburse the RTA the following in full:
a. The RTA’s direct allocated capital cost for its bus operations on an
hourly basis as authorized by federal regulations;
b. The RTA’s actual cost for employee hours, including operators and any
required maintenance or supervisory personnel.
c. Fuel costs.
d. Damages to buses as a result of abuse, vandalism, etc. as a result of
bus usage during the agreement period.
e. Supplies used on the buses.
The County will include RTA staff in all training and exercises in the areas
of emergency operations, shelter management, etc., at no cost to the RTA.
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