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HomeMy WebLinkAboutPR 24249: 1 YEAR LEASE WITH THE OPTION TO RENEW FOR 9 ADDITIONAL 1 YEAR TERMS WITH TEXAS PARKS AND WILDLIFE DEPT. VIA rfk u _ T.a. www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: March 27, 2025 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: George Davis, Director of Pleasure Island AD RE: P.R. 24249—Execute a one-year lease agreement with the option to renew for nine (9)additional one (1)year terms with the Texas Parks and Wildlife Department Introduction: The intent of this Agenda Item is to request the City Council's approval of P.R. No. 24249 authorizing the City Manager to execute an interlocal agreement between the City of Port Arthur and the Texas Parks and Wildlife Department for a fifty-foot boat slip in the marina on Pleasure Island. Background: The Texas Parks and WildlifeDepartment currently leases a fifty-foot boat slip in the marina on Pleasure Island. The lease will expire on April 30, 2025 and they wish to enter into a one-year lease agreement with the option to renew for up to nine (9)additional one(1)year terms. The initial term of this agreement shall be for a one-year period, commencing on May 1, 2025, at a rate of$560.00 (five hundred sixty dollars)per month. Budget Impact: None Recommendation: It is recommended that the City Council approve P.R.No.24249 authorizing the City Manager to execute an interlocal agreement between the City of Port Arthur and the Texas Parks and Wildlife Department for a fifty-foot boat slip in the marina on Pleasure Island. "Remember, we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 FIF P. R. #24249 03/27/2025 gd RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR THE STORAGE OF A PATROL BOAT IN A BOAT SLIP AT THE MARINA ON PLEASURE ISLAND WHEREAS, the City of Port Arthur owns and opereates a three-hundred-boat slip at the Marina on Pleasure Island; and, WHEREAS, the Texas Parks and Wildlife Department currently leases a fifty-foot (50') boat slip at the Marina, with the lease set to expire on April 30, 2025; and, WHEREA, the Texas Parks and Wildlife Department has agreed, through an interlocal agreement,to enter into a one (1) year lease, with an option to renew for up to nine (9) additional one (1)year terms, as delineated in Exhibit"A". NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: THAT, the facts and opinions in the preamble are true and correct; and, THAT, the City Council hereby authorizes the City Manager to enter into an interlocal agreement between the City of Port Arthur and the Texas Parks and Wildlife Department, in substantially the same form as attached hereto as Exhibit"A"; and, THAT, the initial term of this agreement shall be for a one-year period, commencing on May 1, 2025, at a rate of$560.00 (five hundred sixty dollars)per month. THAT, a copy of the caption of this resolution be spread upon the minutes of the City Council. READ,ADOPTED,AND APPROVED, this day of 2025 AD, at a regular meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Councilmembers: P. R. #24249 03/27/2025 gd NOES: Thurman"Bill" Bartie Mayor ATTEST: APPR Sherri Bellard Roxann Pais Cotroneo City Secretary City Attorney APPRO.O' ADMINISTRATION: A $14601e Ronal,Irrr, e'er Geor Da • City Manage Direc r of Pleasure Island APPROVED AS TO THE AVAILABILITY OF FUNDS: AA Ye) Lynda(Lyn)Boswell, MA, ICMA-CM Clifton . Williams, r., Director of Finance Purchasing Manager P. R. # 24249 03/27/2025 gd Exhibit "A" TPWD Contract #: INTERLOCAL AGREEMENT BETWEEN THE TEXAS PARKS AND WILDLIFE DEPARTMENT & CITY OF PORT ARTHUR, PLEASURE ISLAND MARINA This Interlocal Agreement("Agreement") is made and entered into by and between Texas Parks and Wildlife Department, an agency of the State of Texas ("Lessee"), and City of Port Arthur, Pleasure Island Marina ("Lessor"), collectively referred to as the "Parties." RECITALS: WHEREAS, the City of Port Arthur owns and operates marina facilities ("Facility") located at 520 Pleasure Pier Blvd, Port Arthur, Texas 77640; and WHEREAS, TPWD desires to store patrol boat at the Facility and the City of Port Arthur agrees to provide the storage space to TPWD; and WHEREAS, Chapter 791, Texas Government Code authorizes agreements between agencies and entities of the state and local entities related to governmental functions, NOW, THEREFORE, in consideration of all of the foregoing, the parties hereby agree as follows: I. Purpose The purpose of this Agreement is to specify the terms and conditions under which TPWD may use the City of Port Arthur's Facility. II. Responsibilities of the Parties A. The City of Port Arthur agrees to allow TPWD the use of one (1 ) 50' wet slip to store patrol boat and equipment according to the terms set forth in this Section. TPWD staff will be provided access to the Facility at all times. B. As rental for use of the Facility, TPWD agrees to pay the City of Port Arthur the initial sum of $560.00 (five hundred sixty dollars) per month. TPWD acknowledges and agrees that the rental rate stated above shall remain at the fixed rate for the initial term of (1 ) one year. Thereafter the City of Port Arthur reserves the right to modify the rental rate upon providing TPWD written notice 30 days prior to the effective date of such modification. Any modification shall me mutually agreed upon in writing. Payments shall be made in advance at the beginning of each month. September payments are issued during the month due to Texas Comptroller processes. Page 1 of TPWD Contract#: C. City of Port Arthur Director of Pleasure Island shall administer this Agreement on behalf of the City of Port Arthur. D. TPWD shall use the Facility for its lawful purpose and for no other purpose. TPWD personnel shall observe Facility rules and all applicable state and local law at all times while using the Facility. E. The City of Port Arthur will maintain and repair the Facility to the standards set by the City of Port Arthur. F. During the term of this Agreement, TPWD shall not commit any voluntary or permissive waste. At the end of the term of this Agreement, TPWD shall deliver the Facility to the City of Port Arthur in the same condition and state as existed at the commencement of the Agreement term, allowance being made for reasonable wear and tear and such alterations as are authorized herein. TPWD shall promptly repair and/or replace any damage to the Facility in excess of normal wear and tear and will replace or repair all fixtures and improvements that are damaged or in a state of disrepair because of TPWD's possession and use of the Facility. G. The City of Port Arthur shall not be responsible for any damage due to vandalism, burglary, collision, or any other act committed by a third party or any natural disaster or occurrence, to any property owned by TPWD. H. To the extent permitted by law and without waiving sovereign immunity, each Party is responsible for any and all liabilities and costs that arise as a result of the actions of their respective employees. The City of Port Arthur will pay for all water and electricity use, metered and billed to the Facility. J. TPWD's right to use of the Facility is expressly subject and subordinate to the right of the City of Port Arthur to construct, install, maintain, operate, or renew any public utilities facilities, franchised public utilities, or streets or park facilities in the immediate vicinity of the Facility. Nothing in this Agreement shall be construed to limit in any way the power of the City of Port Arthur to use, alter, or improve the Facility pursuant to official action by the City of Port Arthur's governing body. This Agreement does not obligate the City of Port Arthur to provide a suitable substitute facility if the Facility is not available for the TPWD's use. III. Term, Termination A. This Agreement shall remain in full force for an initial term of one (1 ) year beginning May 1, 2025, or from date of last signature, whichever is later. The Agreement may be renewed up to nine (9) additional one (1 ) year terms provided both parties agree in writing prior to agreement expirations. Renewal shall be in accordance with the original terms and conditions plus any changes made by mutual parties' written agreement. B. Amendments to this Agreement may be proposed by any party and shall become effective upon approval by all parties in writing. Page 2 of 4 TPWD Contract#: C. This Agreement may be terminated upon convenience and without penalty by either party upon at least 60 days written notice to the other party. IV. Special Provisions A. Funding. Any endeavor involving reimbursement or contribution of funds between parties to this Agreement will be handled in accordance with applicable laws, regulations, and procedures. Any expenditure of resources must be from current revenues available to the paying party. This contract is subject to cancellation, without penalty, either in whole or in part, if funds are not appropriated by the Texas Legislature or otherwise made available to TPWD. B. Modification. This Agreement may not be altered, amended, or modified except in writing and approved by the parties. C. No partnerships. This Agreement shall not make or be deemed to make any party to this Agreement an agency for or the partner of any other party. D. Dispute Resolution. Any disputes arising from this Agreement shall be resolved using Chapter 2260 of the Texas Government Code, if applicable. E. Attorney's Fees. If any action at law or equity including any action for declaratory relief is brought to enforce or interpret the provisions of this Agreement, each party to the litigation shall bear its own attorneys' fees and costs. F. Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the matters covered by this Agreement, and no other Agreement, statement, or promise made by any party, or to any employee, officer, or agent of any party, which is not contained in this Agreement shall be binding or valid. G. Severability. If any term or provision of this Agreement shall, to any extent, be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each term and provision of the Agreement shall be valid and enforced to the fullest extent permitted by law. H. Executive Head of a State Agency Affirmation: In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Lessor certifies that it is not (1) the executive head of TPWD, (2) a person who at any time during the four years before the date of the contract or grant was the executive head of TPWD, or (3) a person who employs a current or former executive head of TPWD. Open Meetings: If Lessor is a governmental entity, Lessor represents and warrants its compliance with Chapter 551 of the Texas Government Code which requires all regular, special or called meeting of a governmental body to be open to the public, except as otherwise provided by law. J. Reporting Suspected Fraud and Unlawful Conduct: Lessor represents and warrants that it will comply with Section 321.022 of the Texas Government Code which requires suspected fraud and unlawful conduct be reported to the State Auditor's Office. Page 3 of 4 TPWD Contract#: list as described in Executive Order 13224. L. Contacts. Principal contacts for the parties are as provided in this section. Notices or requests for assistance under this Agreement shall be in writing, and may be given by hand delivery, U.S. mail, email or fax sent to the parties at the contract addresses designated herein. Notice shall be deemed effective upon receipt in the case of hand delivery and three days after deposit in the U.S. Mail in case of mailing. The address of the parties for all purposes shall be: Texas Parks and Wildlife Department: TPWD Leasing 4200 Smith School Road Austin, Texas 78744 Phone: 512-389-4578 Email: TPWDLeasinq(a�tpwd.texas.gov City of Port Arthur: Ron Burton, City Manager 444 4th Street Port Arthur, Texas 77640 Phone: 409-983-8101 Email: ron.burton@portarthurtx.gov WHEREFORE. Facility considered, this Interlocal Agreement is executed to be effective May 1, 2025. or the date of the last party to sign. whichever is later. CITY OF PORT ARTHUR By: Date: Ron Burton City Manager TEXAS PARKS AND WILDLIFE DEPARTMENT By: Date: Amber Davis. CTCD, CTCM Contract Specialist Page 4 of 4