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HomeMy WebLinkAbout028120 ORD - 04/21/2009Page 1 �f 1 RESOLUTION AUTHORIZING CITY MANAGER OR DESIGNEE TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH NUECES COUNTY TEXAS REGARDING PARK PLAYGROUND EQUIPMENT FOR CORPUS CHRISTI BEACH. 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 regarding park playground equipment for Corpus Christi Beach. A copy of the Agreement is on file in the City Secretary's Office and a copy is attached. Armando Chapa City Secretary APPROVED�pFebruary 4, 2009 ce.-4 Yt Lisa Aguilar, Assistant City Attorney For City Attorney CI • CORPU CHRISTI my Garr Mayor 028120 r Corpus Christi, Texas cC of ,2009 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal /CfrP John E. Marez —4-41 Nelda Martinez Michael McCutchon A b 028120 STATE OF TEXAS COUNTY OF NUECES INTERLOCAL AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND NUECES COUNTY FOR RECREATIONAL EQUIPMENT WHEREAS, the City of Corpus Christi, hereinafter "City," has need of playground equipment, identified on Exhibit A, herein "Equipment," WHEREAS, the County of Nueces, hereinafter "County," can provide Equipment consistent with the City's needs; WHEREAS, the City has requested such Equipment from the County; WHEREAS, the City and the County desire to enter into an agreement to permit the County provide such Equipment to the City; and WHEREAS, Chapter 791 of' the Texas Government Code, as amended authorizes contracts between local governmental agencies to perform governmental functions and services such as Parks and Recreation. NOW, THEREFORE, THIS AGREEMENT is hereby made an entered into by City and County upon and for the mutual consideration stated herein: 1. City and County contract and agree that County will provide City the Equipment consisting specifically of those items as shown on Exhibit "A" herein attached and incorporated in its entirety. 2. The City agrees to install said Equipment at the following City location: The north end of Corpus Christi Beach, 4801 North Shoreline Blvd. 3. The Equipment becomes City property for all purposes upon installation on City property. 4. As consideration for providing this Equipment to City, City agrees to install and maintain the Equipment in a City public park at the north end of Corpus Christi Beach, 4801 North Shoreline Blvd., within two months from date of last signature of this Agreement, and ensure that the equipment is available for use without charge by the general public, including Nueces County residents. 5. City has sole responsibility for maintenance and upkeep of the Equipment. 6. Should City in the sole discretion of its Parks Director decide that the Equipment is beyond reasonable repair, City has no duty to replace said Equipment. 7. The Parties agree that all expenditures under this agreement shall be paid with current revenues of the paying party. 8. This contract shall be in effect for as long as the Equipment is being maintained by the City at a public park for use by the general public, including Nueces County residents 9. If City ceases to use or maintain equipment provided under this Agreement for general public use within first five years of this Agreement, the County at its option may require the return of the Equipment. Any expense to remove the Equipment and deliver to a location within Nueces County upon County's direction will be borne by the City. 10. The City and County agree that the County does not ensure the safety, condition, or security of the Equipment and assumes no responsibility or liability for such. 11. BINDING AGREEMENT:AUTHORITY: PARTIES BOUND This Agreement has been duly executed and delivered by both parties and constitutes a legal, valid and binding obligation of the parties. Each person executing this Agreement on behalf of each party represents and warrants that they have full right and authority to enter into this agreement. 12. AMENDMENT This Agreement may not be amended except in a written instrument specifically referring to this Agreement and signed by the parties hereto. The City Manager is authorized to execute amendments which do not change the essential purpose of this agreement. 13 APPLICABLE LAW. This Agreement shall be expressly subject to City and County's Sovereign Immunity, Title 5 of the Texas Civil Practice and Remedies Code and all applicable state law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas and venue of any legal action filed by either the City or County shall be in Nueces County, Texas. 14 SEVERABILITY. In the event that one or more of the provisions contained in the Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability of the Agreement shall be construed as if such invalid, illegal or unenforceable provision has never been contained herein, but shall not affect the remaining provisions of this Agreement, which shall remain in full force and effect. 15 NOTIFICATION Any and all notices which may be required under the terms of the Agreement shall be delivered by registered or certified United States mail or by a recognized commercial carrier or delivery service as follows: NUECES COUNTY: Nueces County Judge 901 Leopard, Room 303 CITY OF CORPUS CHRISTI: Director of Parks and Recreation 1201 Leopard Street Corpus Christi, Texas 78401 Corpus Christi, Texas 78401 AGREED TO BY: NUECES COUNTY CITY OF CORPUS CHRISTI Samuel Loyd Neal, Jr. County Judge `Angel R. Escobar, City Manager Date: Date: EXHIBIT "A" Stainless Steel Wave Slide Extra Heavy Duty 3 -way Swing with 4 Rubber Strap Seats with chains Double Level Arch Climber 6' Bench Supervision Safety Kit & Play Structure Maintenance Kit Age Appropriate Playground Sign Plastic Stone borders Playground Wood fiber mulch Wheelchair access ramp with end caps