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: