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Home My WebLink About027345 RES - 07/24/2007Page 1 of A RESOLUTION AUTHORIZING ING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A FIRST AMENDMENT TO THE INTERLOCAL LOCAL COOPERATION AGREEMENT T FOF DISASTER OPERATIONS WITH THE CITY OF PORT ARANSAS WHEREAS, EAS, the City of Corpus Christi entered into an interlocal agreement with the City of Port Aransas for disaster operations, and WHEREAS, the City of Port Aransas now desires to provide for storm debris services directly through the contracts arranged by Corpus Christi or from other sources. NOW, THEREFORE, E, BE IT RESOLVED ED Y THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is authorized to execute the first amendment to the Interlocal Cooperation Agreement for disaster operations with the City of Port Aransas, which is attached hereto. ATTEST: Armando Chapa City Secretary APPROVED ED as to form: July 18, 2007 6tObliik) Ga W. . ith Assistant City Attorney For the City Attorney CITY OF CORP 8 CHRISTI Mayor 027345 FIALEG-DIR‘SharediGarySkagenda\2007V-24‘Res-AmendinterlocalPortAdoc Gar -ft Page2of Corpus Christi, Texas 2,4of JVIU _ , 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Cqe (A4_ aye_ Oir Ct (AT- etti-c 027345 HALEG-DIR\Shared‘GaryS‘agenda\2007‘7-24kRes-AmendinterloCalPortA,doc FIRST AMENDMENT TO THE INTERLOCAL C004PERATfON AGREEMENT FOR DISASTER OPERATIONS WITH THE CITY OF PORT ARANSAS This first amendment "First Amendment" to the Interlocal Cooperation Agreement for Disaster Operations with the City of Port Aransas "Interlocal Agreement") is made by and between the City of Corpus Christi ("Corpus Christi") and the City of Port Aransas ("Port Aransas"). WHEREAS, Corpus Christi and Port Aransas executed the Interfocal Agreement for the purpose of providing disaster and/or civil emergency response and relief services between the parties; WHEREAS, the Interlocal Agreement provided for Corpus Christi to provide storm debris services to Port Aransas; WHEREAS, Port Aransas desires to provide for storm debris services directly through the contracts arranged by Corpus Christi or from other sources; and WHEREAS, the parties to the Interlocal Agreement desire to amend Section 12 of the Interlocal Agreement to allow Port Aransas to so provide storm debris services. NOW, THEREFORE, the patties to the Interlocal Agreement agree to amend the Interlocal Agreement as follows: Section 1. Section 12 of the Agreement entitled "Storm Debris" is deleted in its entirety and is replaced with the following language: "12. Storm Debris. Corpus Christi shall be the true and lawful purchasing agent for Port Aransas for the purchase of its annual emergency storm debris reduction and transfer services, pursuant to Corpus Christi's Agreement with D &J Enterprises, Inc., 3495 Lee Road 10, Auburn, AL 36832, for Debris Clearing, Removal, val, and Disposal Services Post-Hurricane/Disaster Recovery Operations and the Agreement with Ashbritt, Inc., 480 S. Andrews Ave., Suite 103, Pompano Beach, FL 33069, for Collection, Characterization, Packaging, Transportation and Disposal of Hazardous Waste During Post- Hurricane/Disaster st- Hurri ane/Disaster Recovery Operations, which were let in accordance with Chapter 252 of the Texas Local Government Code and all other applicable laws. Corpus Christi agrees to manage the overall debris contract and rebid the contract as necessary. Contingent upon Port Aransas election to employ the contractors under this Agreement, Port Aransas, by execution of this Agreement, agrees to directly pay D J Enterprises, Inc., 3495 Lee Road 10, Auburn, AL 36832, and Ashbritt, Inc., 480 S. Andrews Ave., Suite 103, Pompano Beach, FL 33069, after completion and acceptance of the work specified by Port Aransas and H. LSE -DI I F a ediGa nda Yr00l kr -1 7\A endmenirtPortAinterlo al 628.dcc Page 1 of of proper invoice therefore in an amount based upon the after receipt pricing detailed in the attached agreement. Port Aransas will provide oversight contractors to work within the Port Aransas debris zone, track reimbursable and other costs, develop its own project worksheets, and provide assistance to Corpus Christi with debris and paperwork issues for the island areas as needed. Port Aransas shall enter into letter agreements with Enterprises, Inc. and Ashbritt, Inc., to confirm each party's agreement Aransas'participation in the contracts through this Interlocal with Port� p . nt. Such Tetter agreements shall contain details unique to Port Agreement. Aransas' participation, as waste collection sites. Neither Corpus Christi nor Port Aransas shall assume any responsibility or for materialspurchased or services performed for the benefit of liability to pay entity. Port Aransas' payment required by this section shall be the othert p current,available revenues. In obtaining the services o made fromf Enterprises, inc.,3495 Lee Road 10, Auburn, AL 36832 and Ashbritt, Inc., 480 S. Andrews Ave. Suite 103, Pompano Beach, FL 33069 through Corpus Christi, Port Aransas has relied solely on its own inspections, investigations due diligence regarding the services and Port Aransas acknowledges and g 9 that CorpusChristi has made no representations or warranties expressed or implied with respect to the services to be rendered" Section 2. By execution of this First Amendment, the parties agree to be bound by term provision. All otherprovisions, obligations, and conditions of the the amended Interlocal Agreement not changed by this First Amendment remain the same and in full force and effect. EXECUTED IN DUPLICATE,each of which is considered an original, on this the day of , 2007. CITY OF PORT ARANSAS Michael Kovacs CiSecretary City Manager Date: Date: APPROVED AS TO FORM: Mike Morris City Attorney H:1LE-DIRkSharedl ary la end 1 0 717-17I n ndment-PortAlnterin al 070628.doc Page 2 of 3 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa George K. Noe City Secretary City Manager Date: Date: APPROVED S To FORM Gary W. Smith Assistant City Attorney for the City Attorney H:\LEG-DIR\Shared\ ry lagendal 00717-1 1Am ndrn nt-PortAInterlo al 07062B.doc Page 3 of 3 FIRST AMENDMENT TO THE INTERLOCAL COOOPERATION AGREEMENT FOR DISASTER OPERATIONS WITH THE CITY OF PORT ARANSAS This first amendment ("First Amendment") to the Interlocal Cooperation Agreement for Disaster Operations with the City of Port Aransas ("Interlocal Agreement") is made by and between the City of Corpus Christi ("Corpus Christi") and the City of Port Aransas ("Port Aransas"). WHEREAS, Corpus Christi and Port Aransas executed the Interlocal Agreement for the purpose of providing disaster and/or civil emergency response and relief services between the parties; WHEREAS, the Interlocal Agreement provided for Corpus Christi to provide storm debris services to Port Aransas; WHEREAS, Port Aransas desires to provide for storm debris services directly through the contracts arranged by Corpus Christi or from other sources; and WHEREAS, the parties to the Interlocal Agreement desire to amend Section 12 of the Interlocal Agreement to allow Port Aransas to so provide storm debris services. NOW, THEREFORE, the parties to the Interlocal Agreement agree to amend the Interlocal Agreement as follows: Section 1. Section 12 of the Agreement entitled "Storm Debris" is deleted in its entirety and is replaced with the following language: "12. Storm Debris. Corpus Christi shall be the true and lawful purchasing agent for Port Aransas for the purchase of its annual emergency storm debris reduction and transfer services, pursuant to Corpus Christi's Agreement with D & J Enterprises, Inc., 3495 Lee Road 10, Auburn, AL 36832, for Debris Clearing, Removal, and Disposal Services Post-Hurricane/Disaster Recovery Operations and the Agreement with Ashbritt, Inc., 480 S. Andrews Ave., Suite 103, Pompano Beach, FL 33069, for Collection, Characterization, Packaging, Transportation and Disposal of Hazardous Waste During Post- Hurricane/Disaster Recovery Operations, which were let in accordance with Chapter 252 of the Texas Local Government Code and all other applicable laws. Corpus Christi agrees to manage the overall debris contract and rebid the contract as necessary. Contingent upon Port Aransas election to employ the contractors under this Agreement, Port Aransas, by execution of this Agreement, agrees to directly pay D & J Enterprises, Inc., 3495 Lee Road 10, Auburn, AL 36832, and Ashbritt, Inc., 480 S. Andrews Ave., Suite 103, Pompano Beach, FL 33069, after completion and acceptance of the work specified by Port Aransas and C:IDocuments and Settings\Pat Garrett% Documents\COUNCIL PACKETSI7-19-071Amendment-PortA-CC-Interlocal.doc Page 1 of 3 after receipt of a proper invoice therefore in an amount based upon the pricing detailed in the attached agreement. Port Aransas will provide oversight contractors to work within the Port Aransas debris zone, track reimbursable and other costs, develop its own project worksheets, and provide assistance to Corpus Christi with debris and paperwork issues for the island areas as needed. Port Aransas shall enter into letter agreements with D & J Enterprises, Inc., and Ashbritt, Inc., to confirm each party's agreement with Port Aransas' participation in the contracts through this Interlocal Agreement. Such letter agreements shall contain details unique to Port Aransas' participation, as waste collection sites. Neither Corpus Christi nor Port Aransas shall assume any responsibility or liability to pay for materials purchased or services performed for the benefit of the other entity. Port Aransas' payment required by this section shall be made from current, available revenues. In obtaining the services of D & J Enterprises, Inc., 3495 Lee Road 10, Auburn, AL 36832 and Ashbritt, Inc., 480 S. Andrews Ave., Suite 103, Pompano Beach, FL 33069 through Corpus Christi, Port Aransas has relied solely on its own inspections, investigations and due diligence regarding the services and Port Aransas acknowledges that Corpus Christi has made no representations or warranties expressed or implied with respect to the services to be rendered." Section 2. By execution of this First Amendment, the parties agree to be bound by the amended term provision. All other provisions, obligations, and conditions of the Interlocal Agreement not changed by this First Amendment remain the same and in full force and effect. EXE UTED IN DUPL ICAATTE, each of which is considered an original, on this the day of , 2007. ther Arzola City Secretary Date: 72041_4)07 CITY OF PORT ARANSAS AP ROVED AS TO FORM: 7/1 y 0 7 Mike Morris City Attorney Michael Kovacs City Manager -7 Date: C:IDocuments and Settings1Pat Garrett\My Documents\COUNCIL PACKETSI7-19-071Amendment-PortA-CC-Interlocal.doc Page 2 of 3 ATTEST: Armando Chapa City Secretary Date: 106 10611C/ APPROVED AS TO FORM: Aop5l $.2o07 ay04_3 C5evititt-, . Smith Assistant City Attorney for the City Attorney CITY OF CORPUS CHRISTI Georgi K' Noe City anager Date: e 3 Dit0451AuTIIORIZ ®Y COUNCIL .. SECREiARV C:1Documents and SettingslPat GarrettlMy Documents\COUNCIL PACKETSI7-19-07Amendment-PortA-CC-Interlocal.doc Page3of3