HomeMy WebLinkAboutC2008-231 - 6/24/2008 - Approved~~~ D Ib~
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INTERLOCAL AGREEMENT FOR
LIFEGUARD BEACH SERVICES
This Interlocal Cooperation 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.
WHEREAS, the County and the City entered into an Interlocal Cooperation Agreement for
Lifeguard Beach Services on July 11, 2006;
WHEREAS, the County and the City now desire to terminate the July 11, 20061nterlocal
Agreement and enter into a new Interlocal Cooperation Agreement for Lifeguard Beach
Services;
NOW THEREFORE, the July 11, 2006 Interlocal Cooperation Agreement is terminated and
superceded by this Interlocal Agreement, and the parties agree to the Terms and Conditions as
set out herein:
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 3, 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 specifically agrees that said employees are the employees of the City and
that the City shall retain all liability for workers compensation and other liabilities that may
arise from such employment. The County agrees to use supervisors provided by the City 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 §
2008-231
06/24/08
Nueces County, Texas
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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.
III. TERM
This Agreement shall be effective from the date of execution through September 3, 2008, 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 3, 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.
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EXHIBIT A: LIFEGUARD EXPENSES for 2008
1. The following will be provided/pertormed by the City of Corpus Christi Parks & Recreation
Department:
Staff
~ Cost Total
395.20 $7,320.00
395.20 $7,320.00
790.40 $14,640.00
2. Lifeguards will guard two stands at Bob Hall Pier on Thursday, Friday, Saturday, Sunday,
and Monday. Tuesday and Wednesday will be patrolled by lifeguard vehicles only.
3. The following will be provided/pertormed by the Nueces County Parks & Recreation
Department:
A. Lifeguard stands (2)
B. First Aid Equipment and Materials (2 bags)
C. Radios (2)
D. Lifesaving board and float (2)
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NOW THEREFORE, this Interlocal Agreement is entered into by and between the City of
Corpus Christi and Nueces County, Parks and Recreation Department. This Agreement takes
effect on date of last signature.
CITY OF CORPUS CHRISTI
By
Title
Date oC
Attest:
Approved as to form: 6 f~ , 2008
NUECES COUNTY
By
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Title
Date lv
Attest:
Approved as to form: ~ 2 d , 2008
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By: o~„(iyi By: ~~-
Lisa Aguilar, s stant City Attorney /Uue~1 ~/ 1 ~Yt
for City Attorney
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