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HomeMy WebLinkAbout025664 RES - 03/02/2004RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH TEXAS A & M UNIVERSITY - CORPUS CHRISTI TO PARTICIPATE AND OVERSEE QUALITY CHECKING, DATA COLLECTION AND DATA PROCESSING OF THE CITY'S CADASTRAL BASE MAPS 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 participate and oversee quality checking, data collection, and data processing of the City's cadastral base maps. A copy of the agreement is attached. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: February 27, 2004 By: Lisa Ag uil~r) Assistant City Attorney "'Samuel L. ~1~, Mayor 2 Corpus Christi, Texas ,2004 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott March 2 2004 TAMU CC Interlocal doc January 23, 2004 INTERLOCAL AGREEMENT for GIS Research Proiect Texas A&M University-Corpus Christi and City of Corpus Christi This Interlocal Agreement is made by and between the City of Corpus Christi (the City) and Texas A&M University - Corpus Christi,(TAMU-CC), a component of The Texas A&M University System, an agency of the State of Texas pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. The parties agree as follows: 1. Statement of Services to Be Performed By TAMU-CC. Dr. Stacey D. Lyle and Dr. Gary Jcffrcss of the Geographic Information Science Program, Texas A&M University- Corpus Christi will participate and oversee quality checking, data collection and data processing of the City's cadastral base maps. Dr. Lylc and GIS degree students will assist thc City Surveyor and City GIS Group to collect and inspect spatial data via GPS on a minimum of 50 property monuments in areas throughout thc City in which there are spatial inaccuracies. Dr. Lyle and Dr. Jeffrcss will determine the best method to make thc final adjustments to portions of thc City basemap utilizing the GPS data and will make said adjustments on a subdivision by subdivision basis as required. Throughout thc project, GPS and adjusted basemap data will bc delivered to the City for each area as completed. All field work will be complete and final results and report will be submitted to the City by September I, 2004. 2. Contract Amount. City shall pay TAMU-CC twenty-two thousand dollars ($22,000.00) for services provided by TAMU-CC under this Agreement, as itemized in Budget below. TAMU-CC shall be responsible for paying its costs listed in the budget below. Any payment made by either party for the services provided in this Agreement shall be made out of current revenues available to the paying party as required by the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. City shall pay TAMU-CC fifty percent of the contract price, $11,000.00, at the beginning of the project and fifty percent of the contract price at the end of the project. 3. Term of Contract. This contract shall begin on March 1, 2004 and shall remain in effect until November 1, 2004. This Agreement shall take effect upon date of last signature. Dr. Stacey D. Lyle, Dr. Gary Jeffress Two Research Assistants & Benefits $12,000 $7,500 Travel $1,000 Equipment $1,500 Total City of Corpus Christi GPS Equipment 10 months ~ $1,000/Month Computer Cost 10 months ~ $350/Month ESRI Software 10 months ~ $50fMonth Total Cost Sharing $22,000 $10,000 $3,500 $500 $14,000 5. Dispute Resolution Process. (a) The dispute resolution process provided for in Chapter 2260 of the Government Code shall be used, as further described herein, by TAMU-CC and City to attempt to resolve any claim for breach of contract made by City: (b) A claim for breach of this Agreement that the parties cannot resolve in the ordinary course of business shall be submitted to the negotiation process provided in Chapter 2260, subchapter B, of the Government Code. To initiate the process, City shall submit written notice, as required by subchapter B, to the other party by and through the appropriate individual designated to receive notice under this agreement. Said notice shall specifically state that the provisions of Chapter 2260, subchapter B, are being invoked. A copy of the notice shall also be given to all other representatives of TAMU-CC and City otherwise entitled to notice under the Agreement. Compliance by City with subchapter B is a condition precedent to the filing of a contested case proceeding under Chapter 2260, subchapter C, of the Government Code. (c) The contested case process provided in Chapter 2260, subchapter C, of the Government Code is City's sole and exclusive process for seeking a remedy for any and all alleged breaches of the Agreement by TAMU-CC if the parties are unable to resolve their disputes under subparagraph (A) of this paragraph. (d) Compliance with the contested case process provided in subchapter C is a condition precedent to seeking consent to sue from the Legislature under Chapter 107 of the Civil Practices and Remedies Code. Neither the execution of this contract by TAMU-CC nor any other conduct of any representative of TAMU-CC relating to the contract shall be considered a waiver of sovereign immunity to suit. (e) The submission, processing and resolution of City's claim is governed by the published rules adopted pursuant to Chapter 2260, as currently effective, hereafter enacted or subsequently amended. (f) Neither the occurrence of an event nor the pendency of a claim constitutes grounds for the suspension of performance by City, in whole or in part. (g) The designated individual responsible on behalf of TAMU-CC for examining any claim or counterclaim and conducting any negotiations related thereto as required under §2260.052 of H.B. 826of the th 76 Texas Legislature shall be Judy Harral, Director of Purchasing. (h) Dr. Lyle and Dr. Jeffress shall have the right to disperse the monies as necessary for the completion of the contract. 6. Severability. If any term, covenant or condition contained in this Agreement 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. 7. 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. 8. Written Amendment or Modifications. Unless otherwise provided herein, this Agreement may be amended or modified only by written instrument duly executed on behalf of each party. 9. 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 parties, 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 10. 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. 11. Successors. This Agreement shall bind and benefit thc parties and their legal successors. This Agreement does not create any personal liability on thc part of any officer or agent of the City or TAMU-CC or any officer, agent or employee of TAMU-CC. 12. Warranty. This Agreement has been officially authorized by the governing body of the City and TAMU- CC, and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind their respective party to this Agreement. 13. Administrative Services. The City and TAMU-CC agree to provide administrative services necessary to coordinate this Agreement, including providing the other party with a current list of contact information for each party. 14. Validity and Enforcement. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a party of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement continues in full force and effect. 15. Not for Benefit of Third Parties. This Agreement and all activities under this Agreement are solely for the benefit of the Parties and not the benefit of any third party. 16. Immunity not Waived. Nothing in this Agreement is intended, nor may it be deemed, to waive any governmental, official, or other immunity or defense of either party or their officers, employees, representatives, and agents as a result of the execution of this Agreement and the performance of the covenants contained in this Agreement. 17. Entire Agreement. This Agreement represents the entire Agreement between the parties and supersedes any and all prior Agreement between the parties, whether written or oral, relating to the subject of this Agreement. 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 6300 Ocean Drive Corpus Christi, Texas 78412 George K. Noe, City Manager Date: Attest: Armando Chapa City Secretary Approved as to form: Lisa Aguilar 0 Assistant City Attorney for City Attorney ,2004 Dr. Gary Jeffress Professor of GIS 361-825-2720 Dr. Stacey Lyle Assistant Professor 361-825-3712 Dr. Harvey Knull Dean of Graduate Studies and Associate Vice President of Research Date: 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 apprepdate 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: March 2, 2004 AGENDA ITEM: Resolution authorizing the City Manager, or his designee, to execute an interlocal governmental agreement with Texas A&M University - Corpus Christi, (TAMU- CC to participate and oversee quality checking, data collection and data processing of the City's cadastral base maps. Amount Required: $22,000 Fund Name Fund No. Org. No. Account Project Amount No. No. MIS Fund 5210 40470 530000 22,000 Total 22,000 Certification Required Yes Direct~ of Financial Services Date: