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Home My WebLink About026855 RES - 07/11/2006Page 1 of 2 RESOLUTION AUTHORIZING CITY MANAGER OR DESIGNEE TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH NUECES COUNTY TEXAS FOR CITY OF CORPUS CHRISTI, TEXAS TO PROVIDE LIFEGUARD SERVICES ON NUECES COUNTY GULF BEACHES IN NEWPORT PASS AND PADRE BALLI PARKS OWNED BY COUNTY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager or designee is authorized to execute an Interlocal Cooperation Agreement with Nueces County Texas for the City of Corpus Christi, Texas to provide Lifeguard Services on Nueces County Gulf Beaches in Newport Pass and Padre Balli Parks owned by County. A copy of the Agreement is on file in the City Secretary's Office and a copy is attached. ATTEST: _ CITY • CORPUS CHRISTI Armando Chapa City Secretary A - - - OVED 6 June 2006 oyle D. Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney ar/<■. Al&A.A � enry Ga - ett Mayor C:\(Doyle.03.06\ PARK &REC.27\ Beach\ 06. 0606DC. Intrlocl. KNueces.Co.Beach.SrvsLife.Guard. Res.doc 6 S35 INDEXED Corpus Christi, Texas f day of l , 2006 The above resolution was passed by the following vote: Henry Garrett. Brent Chesney Melody Cooper Jerry Garcia William Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott C: \(Doyle.03.06\ PARK &REC.27\ Beach \06.0606DC.I ntrlocl.KN ueces.Co.Beach.SrvsLife.Guard. Res.doc Page 1 of 4 INTERLOCAL COOPERATION AGREEMENT FOR LIFEGUARD BEACH SERVICES This Agreement (including Exhibits) is entered into between Nueces County, Texas (County) and the City of Corpus Christi, Texas (City) for purposes of the Texas Interlocal Cooperation Act, Texas Government Code, Chapter 791, to achieve efficiency in meeting intergovernmental responsibilities. I. SERVICES PROVIDED (a) City and County agree to provide services (described in detail on attached Exhibit A) on the public Gulf beach in parks owned by County at Padre and Mustang Islands, as shown on map attached as Exhibit B ( "County Beach "). The Exhibits are made a part of this Agreement for all purposes. The provided services are generally described as follows: Lifeguards & Stations: City shall provide Lifeguards and County shall provide Lifeguard Stations. Stations shall be positioned and Lifeguards shall be deployed to provide coverage of the County Gulf Beach during the period on or about May 25 through September 5, or Labor Day, whichever is sooner, for each year this Agreement is in effect; however, for the initial term of this agreement, this service shall begin on a date mutually agreed on by the parties; (b) The County and City specifically agree that the Lifeguards are the employees of the City and that the City shall retain all liability for workers compensation and other liabilities that may arise from this employment. The County and City agree that the City shall use City supervisors to control and supervise said employees. II. CONSIDERATION This Agreement recognizes that the City collects beach parking permit fees in the County Gulf Beach area. The form of consideration to be provided by County to City for beach services provided by City shall be paid in cash, credit for revenue allocated to County for County's share of beach parking permit fees under the Interlocal Agreement between City, County, and the City of Port Aransas, or mutually agreed upon in -kind goods and services provided at mutually agreed market prices. The bill shall be for City services, including the cost of the two (2) lifeguards, as described in detail on the attached Exhibit A. The City shall send a monthly bill to County for services rendered. County shall pay City in the manner set out above within ten (10) days after receipt of each monthly bill. As required by § 791.011(d)(3) Texas Government Code, this Agreement specifies that each party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying party. C: \(Doyle.03.061PARK &REC.27\ Beach\ 06. 0606DC. Intrlocl. KNueces. Co .Beach.SrvsLife.Guard.Clean.doc Page 2 of 4 III. TERM This Agreement shall be effective from the date of execution through September 9, 2006, and shall automatically renew each year for a new specified term under the same conditions (except for cost increases described below) if neither party has notified the other of its desire to terminate the Agreement thirty (30) days prior to each September 9, or as provided for in paragraph IV. Cost increases for future years after the initial term of this Agreement shall be limited to increases in the cost of fuel and lubricants plus an adjustment for inflation based on the past 12 month increase in the Consumer Price Index for all other line items (e.g., staff, etc.). The City acknowledges County's authority and capacity to be bound to the renewal terms depends upon County's budgeting to cover or fund this contract for each successive renewal term. IV. DEFAULT If the City fails to perform or comply with any terms or conditions of the Agreement, the County may terminate the Agreement after giving the City thirty (30) days notice in writing of the failure to comply with the Agreement. The City shall have thirty (30) days to cure any default. If the County fails to perform or comply with any terms or conditions of the Agreement, the City may terminate the Agreement after giving the County thirty (30) days notice in writing of the failure to comply with the Agreement. The County shall have thirty (30) days to cure any default. V. GOVERNMENTAL SERVICES This Agreement is between City and County for the purpose of providing governmental services and is not for the benefit of any third party or individual. VI. ENTIRETY CLAUSE This Agreement expresses the entire Agreement between the parties. Any modification, amendment, or addition to this Agreement shall not be binding upon the parties unless reduced to writing and signed by persons authorized to make these agreements on behalf of the respective party. C: \(Doyle.03.06 \PARK &REC.27\ Beach \06.0606DC.Intrlocl. KNueces. Co .Beach.SrvsLife.Guard.Clean.doc J Page 3 of 4 EXECUTED IN DUPLICATE ORIGINALS on the day of , 2006. ATTEST: CITY OF CORPUS CHRISTI By: By: Armando Chapa, City Secretary George K. Noe, City Manager Ord. No. AUTHORIZED BY CITY COUNCIL day of , 2006 Secretary APPROVED 6 June 2006 Doyle D. Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney EXECUTED on , 2006, at Nueces County, Texas. By: NUECES COUNTY NUECES COUNTY JUDGE Attested: By: NUECES COUNTY CLERK C: \(Doyle.03.06 \PARK &REC.27\ Beach\ 06. 0606DC. Intrlocl. KNueces .Co.Beach.SrvsLife.Guard. Clean.doc Pge4of4 EXHIBIT A LIFEGUARD 1. The following will be provided /performed by the City of Corpus Christi Parks & Recreation Department: Staff Provided (7 days /week) Salary FICA Total Lifeguard (112 days /6 hrs /day) $ 6,518.40 $ 404.14 $ 6,922.54 Lifeguard (112 days /6 hrs /day) 6,518.40 404.14 6,922.54 Total $13,036.80 $ 808.28 $13,845.08 2. The following will be provided /performed by the Nueces County Parks & Recreation Department: A. Lifeguard stands (2) B. First Aid Equipment and Materials (2 bags) C. Radios (2) D. Automatic Defibrillator (2 units) E. Lifesaving board and float (2) C: \(Doyle.03.06 \PARKBREC.27\ Beach \06.0606DC.Intrlocl.KNueces.Co. Beach.SrvsLife.Guard.Clean.doc 04 ::Ma%t.. Reap. PortAiansas Cit o cospos eh fi OJOS County . State of Texas y. hen ■:ntY