The URL can be used to link to this page

Home My WebLink About025608 RES - 01/13/2004RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH TEXAS A & M UNIVERSITY - CORPUS CHRISTI TO PROVIDE A PORTION ($25,000) OF THE LOCAL MATCH REQUIRED PER GLO CONTRACT 03-021 WHICH CONSISTS OF IN-KIND SERVICES TO PERFORM BEACH SURVEYS, MONITOR THE BEACH, AND CONDUCT SEDIMENT GRAIN SIZE ANALYSIS AS PART OF THE UNIVERSITY MARINA BEACH PARK PROJECT PHASE 2 LOCATED ON OCEAN DRIVE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to execute an interlocal cooperation agreement with Texas A & M University-Corpus Christi to provide a portion ($25,000) of the local match required per GLO Contract 03-021 which consists of in-kind services to perform beach surveys, monitor the beach, and conduct sediment grain size analysis as part of the University Marina Beach Park Project Phase 2 located on Ocean Drive. A copy of the agreement is attached. ATTEST: THE CITY OF CORPUS CHRISTI City Secretary Samuel L. Neal, Jr. Mayor APPROVED: January 9, 2004 Mary Kay Fischer City A(~r n~y By: ~--~ ~.~ shn Burke sistant City Attorney Corpus Christi, Texas¢%, The above resolution W~s passed by the following vote: Samuel L. Neal, Jr.( ~(,t.~Z_¢,~~ Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott Jan 13 TAMU CC Intedocal doc 0 2:5 6 0 8 THE STATE OF TEXAS COUNTY OF NUECES INTERLOCALAGREEMENT THIS INTERLOCAL AGREEMENT ("Agreement") is made by and between the CITY OF CORPUS CHRISTI, TEXAS (the "City"), a municipal corporation and home- rule city of the State of Texas, acting by and through its governing body, the City Council, and TEXAS A& M UNIVERSITY-CORPUS CHRISTI ("TAMU-CC"). This Agreement is made pursuant to Chapter 791 of the Texas Government Code for TAMU-CC to provide a portion of the local match for GLO Contract #03-021 University Marina Beach Park to consist of $25,000 of in-kind services. SECTION 1. PURPOSE FOR PARTICIPATION. The City and TAMU-CC desire to use the total funds awarded by the Coastal Management Program Grant Cycle 7 to develop final engineering plans and specifications for Phase II of the University Marina Beach Park Project in accordance with the terms of the General Land Office (GLO) Contract #03-021. The grant requires a local match of $40,000 from TAMU-CC and this agreement governs a portion of the local match or $25,000. The $25,000 of in-kind services by TAMU-CC of the total required $40,000, per the GLO Subrecipient Grant Agreement is to conduct beach profile surveys to monitor the beach and to conduct sediment grain size analysis. The City and TAMU-CC are in partnership to complete this Phase II of the University Marina Beach Park Project, for their mutual benefit and the benefit of local citizens. SECTION 2. OBLIGATIONS OF CITY AND TAMU-CC. (a) Beach Surveys. For and in consideration of the agreements of the parties set forth herein, TAMU-CC agrees to conduct and document the beach profile surveys and the sediment analysis at least twice a year over the course of the project period in compliance with GLO Contract #03-021 Work Plan. Such documentation will establish the degree of beach erosion to determine changes in sand volume and distribution and will be submitted to the City for use in future beach nourishment. (b) Proiect Administration. The City agrees to perform the tasks of project administration consisting of negotiation of the engineering services contract, monthly project reporting, review deliverables of the engineering services contract, execute testing agreements, comply with the requirement of the GLO Contract #03-021 and to coordinate with TAMU-CC and GLO. The City will charge the costs for manhours, direct costs involved inherent to these tasks to the grant to the extent allowed by GLO. (c) Payments. Any payment made by either party hereto for any of the services provided pursuant to the Agreement shall be made out of current revenues available to the TAMU-CC and City as required by the Interlocal Cooperation Act. (d) Maintenance. The City will submit all documentation to the GLO on the H ~,LEG-DIR~LISA\1800\1-5-04 REVISED BY TAMU&MFT-CCINTERLOCAI., AGREEMENT DOC 1 beach surveys and sediment analysis. SECTION 3. TERM OF AGREEMENT. (a). Initial Term. This Agreement shall be for an initial term of one year. This agreement is subject to renewal by either party upon written request, prior to expiration of initial term. (b). Unforeseen Termination. If the project to be undertaken pursuant to the Plan is not undertaken, is discontinued, or is terminated, all monies paid by City in conjunction with this project shall be returned to City. SECTION 4. MISCELLANEOUS. (a). Severability. In the event any term, covenant or condition herein contained shall be held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other term, covenant or condition herein contained, provided that such invalidity does not materially prejudice either TAMU-CC or the City in their respective rights and obligations contained in the valid terms, covenants or conditions hereof. (b). Entire Agreement. This Agreement merges the prior negotiations and understandings of the parties hereto and embodies the entire agreement of the parties, and there are no other agreements, assurances, conditions, covenants (express or implied) or other terms with respect to the covenants, whether written or verbal, antecedent or contemporaneous, with the execution hereof. (c). Written Amendment. Unless otherwise provided herein, this Agreement may be amended only by written instrument duly executed on behalf of each party. (d). Notices. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third (3rd) day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address prescribed below, or at such other address as the receiving party may have theretofore prescribed by notice to the sending party. The initial addresses of the parties1 which one party may change by giving written notice of its changed address to the other party, are as follows: City TAMU-CC George K. Noe City Manager City of Corpus Christi 1201 Leopard Corpus Christi, Texas 78401 Dr. Robert R. Furgason President Texas A&M University- Corpus Christi 6300 Ocean Drive Corpus Christi, Texas 78412 H:~LEG-DIR~LISA\1800\1-5-04 REVISED BY TAMU &MFT -CCINTERLOC AL AGREEMENT DOC 2 (e). Non-Waiver. Failure of any party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on, and to enforce by any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. (f). Successors. This Agreement shall bind and benefit the parties and their legal successors. This Agreement does not create any personal liability on the part of any officer or agent of the City or TAMU-CC or any officer, agent or employee of TAMU-CC. (g). No Waiver of Immunity. No party hereto waives or relinquishes any immunity or defense on behalf of itself, its officers, employees, and agents as a result of its execution of this Agreement and performance of the covenants contained herein. IN WITNESS HEREOF, the City and TAMU-CC have made and executed this Agreement in multiple copies, each of which is an original. CITY OF CORPUS CHRISTI TEXAS A&M UNIVERSITY- CORPUS CHRISTI George K. Noe Date Dr. Robert R. Furgason Date City Manager President ATTEST: (Name of City Secretary) City Secretary Date C. Ray Hayes Date Executive Vice President For Finance & Administration APPROVED AS TO FORM: Mary Kay Fischer City Attorney Cn~[~urke istant City Attorney Date Dr. James S. Bonner Executive Director Conrad Blucher Institute Date [I \LEG-D[R\LISA\I800\I 5-04 REVISED BY TAMU&MFT-CCINTERLOCAL AGREEMENT DOC 3 CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Finance of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officer that the money required for the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. City Council Action Date: January 13, 2004 lb. Resolution authorizing the city manager, or his designee, to execute an interlocal governmental agreement with the Texas A&M University--Corpus Christi to provide a portion ($25,000) of the local match required per GLO Contract 03-021 which consist of in- kind services to perform beach surveys, monitor the beach and to conduct sediment grain size analysis as part of the University Marina Beach Park Project Phase 2 located on Ocean Drive. Amount Required: NIA Fund Name Fund No. Org. Account Project Amount No. No. No. -Total X Certification Not Required Print on Green Paper] Director-of FinarY~ial Services Date: / / ~.//~