no minutes at the 5/18/09 cc meeting were approved - following is workshop item #13 only

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Any notice permitted or required to be given in this paragraph to the DISTRICT shall be given by registered or certified United States mail, postage prepaid, return receipt requested, and addressed to the DIS'IRICT 81301 East Fairmont Parkway, LaPorte, Texas 77571. Any notice permitted or required to be given in this paragraph to the CITY shall be given by registered or certified United States mail, postage prepaid, return receipt requested, and addressed to the CITY, Attention: City Manager, at 604 West Fairmont Parkway, La Porte, Texas 77571. IV. It is expressly understood and agreed that any PATROL OFFICERS assigned to work at the DISTRICT shall be subject to the exclusive control and supervision of the CHIEF and to the same extent as all other PATROL OFFICERS, and shall have no duty or obligation to the DISTRICT other than those duties or obligations which the PATROL OFFICERS would have to the public. generally, to enforce state laws and CITY ordinances, specifically, PATROL OFFlCERS shall not be required to enforce DiSTRICT roles and regulations. The CHIEF shall set the working times (hours and days) for the P AIROL OFFICERS after consulting with a designated agent of the DISTRICT. . V. It is expressly agreed and understood between the DIS'IRICT and the CITY, that if, in the opinion of the CHlEF, it is necessary to use the PATROL OFFICERS assigned to carry out this agreement for other duties due to an emergency, or other reasons as detennined solely by the CHIEF, that the CIDEF may temporarily suspend the assignment of PA1ROL OFFICERS to comply with this agreement. It is, however understood by both the CITY and the DIS'IRICT that the DISTRICT will be credited on a pro-rata basis for charges hereunder if an officer is temporarily assigned to other duties at the direction of the CHIEF. . VI. Both parties .t;llutually agree that the CITY is an independent contractor, and shall have exclusive control of performance hereunder, and that employees of the CITY are in no way to be considered employees of the DISTRICT. VII. Should any litigation be commenced between the parties hereto conceming this agreement, or the rights and duties of either party in relation thereto, the party prevailing in such litigation shall be en.titled, in addition to such other relief as may be gFdllted, to a reasonable swn as and for its attorney's fees in such litigation. Nothing in this paragraph shall be construed so as to limit or waive the sovereign immunity of either the CITY of the DISTRICT.