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HomeMy WebLinkAboutC2006-259 - 7/11/2006 - Approved if 2oobOOOc q 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 S 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. 2006-259 07/11/06 Res026855 ParkBoard\06 0605DC Changes Intrlocl KNueces Co Beach SrvsLife Guard Clean (2).doc N ueces << ounh ~ .",,., Page 2 of 4 Ill. 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\Documents and Settings\BPersohn7280\My DocumentslParkBoard\06 0605DC Changes Intrlocl KNueces Co Beach SrvsLife Guard Clean (2).doc Page 3 of 4 EXECUTED IN DUPLICATE ORIGINALS on the day of1fL (\"" 2006. t-- (j A nEST CITY F CORPUS CHRISTI By: G By: Armando Chapa, Ci Secretary ,eS !. , [ ^-=.IN (F" i om. o. .-' 1"{ BY CITY COUNCIL.J..l day of ROVED 6 June 200619 M3Y 2006 Doyle D. Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney EXECUTED on 91-<4L~. ;? ! NUECES COUNTY , 2006, at Nueces County, Texas. , /.yT-'. By: &<1" /.{~ ,"L, /' />~;. ::.1:':::-"( n . NUECES COUNT'{.(JUI)G~< '(' (1(Y'r<" r'c \ :; Attested: ~ ~ By: GtiJ.~. ~- ~. NYIOCIOS COUN~Y ('I ERK_ ~d~., c:1o.n~Clw-k "--,/~'>'// ',,', :.,:;~......_~ ~S\ONERS" lZ.$'tO~~,~o~ to't /1 It\ \\ ~ '\ :0,' /i' . t, :..\'2). . '~::..>~.//'1; ,,/ /'r' :, " <</" ;:;{;,:ft} lY '~ '<<<'~z./..:~p.. .,) H. ~ " ,,---... j'V -,rt "2.~ Ces ,.11,F ~.-.:.,':~:::~o-/ 7.' 'r. _.,:/.:")'-,f C\Documents and Settings\BPersohn7280\My DocumentslParkBoard\06 0605DC Changes Intrlocl KNueces Co Beach SrvsLife Guard Clean (2),doc Page 4 of 4 EXHIBIT A LIFEGUARD 1. The following will be provided/performed by the City of Corpus Christi Parks & Recreation Department: ------T FICA Total Salary 6,518.40 $ 404.14 $ 6,922.54 6,518.40 404.14 6,922.54 J3,03~_~~~ 808.28 $13,845.08 .------- --.-- --. -T- - i S..ff Provided (7 days/week) ..~ _ ~.. Lifeguard (112 days/6 hrs/day) -..J! -.......$. ' Lifeguard OJ 2 days/6 hrs/dm __ _ Total $ -~" ----... ----- ---- .----- ,---_.. -- ... 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 \Documents and Settings\BPersohn7280\My Documents\ParkBoard\06 0605DC Changes Intrlocl KNueces Co Beach SrvsLife Guard Clean (2).doc ,:'~~rt. :A. :":ran.as . . '. .... '.