O-2010-3286 Interlocal Agreement with Harris County, Texas for Circulator Bus Service in La Porte

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3.3 FT A funds can only be accessed on a reimbursement basis, the expenditure of County and La Porte funds will be required prior to seeking any reimbursement from the FTA. Notwithstanding any provision of this Agreement that might be construed to the contrary, the County shall not be obligated by this Agreement to expend any funds, but it is understood and agreed that the funds provided by La Porte may only be expended by the County to the extent that th~ C()lInty, Cititl; sQL~optionL eXRend~_d matching funds for the purpose of seeking FTA reimbursement. La Porte's funding hereunder will be used for payment of the Local Share. All FTA reimbursement will be the property of the County. ARTICLE 4 liability La Porte and the County are governmental units under the Texas Tort Claims Act. La Porte is not an agent, servant, nor employee of the County. The County is not an agent, servant, nor employee of La Porte. The parties expressly agree that the transportation services provided pursuant to this Agreement are not a joint venture or enterprise. It is not the intent of the parties that a joint enterprise relationship is being entered into and the parties specifically disclaim such relationship. This Agreement does not constitute a joint enterprise, as there are no pecuniary interests, no common purpose, and no equal right of control between the parties. ARTICLE 5 Termination and Default 5.1 Termination by LA PORTE or the County. Notwithstanding any other provision of this Agreement, either La Porte or the County may, in its sole discretion, terminate the provisions of services under this Agreement, if it determines that it is in its best interest to do so, providing, however, that the party seeking to terminate the provision of services under this Agreement gives written notice to the other party at least 90 calendar days prior to the expected date of the termination of services. 5 10/4/2010