2011-06-20 Special Meeting of La Porte City Council minutes

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Any notice permitted or required to be given in this section 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. Operating with the La Porte Police Department's Operating Procedures, it is expressly understood and agreed that any DETECTIVE assigned to work at the ICAC shall be subject to the exclusive control and supervision of the CHIEF and to the same extent as all other DETECTIVES, and shall have no duty or obligation to the ICAC other than those duties or obligations which the DETECTIVE would have to the public generally, to enforce state and federal laws and CITY ordinances. V. It is expressly agreed and understood between ICAC and the CITY, that if, in the opinion of the CHIEF, it is necessary to use the DETECTIVE assigned to carry out this agreement for other duties due to an emergency, or other reasons as determined solely by the CHIEF, that the CHIEF may temporarily suspend the assignment of the DETECTIVE to comply with the agreement. It is, however understood by both the CITY and ICAC that ICAC will be credited on a pro -rata basis for the charges hereunder if the DETECTIVE is temporarily assigned to other duties at the direction of the CHIEF. VI. Both parties mutually 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 ICAC. VIi. Should any litigation be commenced between the parties hereto concerning this agreement, or the rights and duties of either party in relation thereto, the party prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for its attorney's fees in such litigation. Nothing in the paragraph shall be construed so as to limit or waive the sovereign immunity of either the CITY or ICAC. VIII. This agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties hereunder shall be performed in Harris County, Texas. • ° IX. If any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. X. This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding of written or oral agreements between the parties respecting the subject matter within. XI.