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Home My WebLink About028088 ORD - 03/10/2009Page 1 of 1 RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A MEMORANDUM OF AGREEMENT WITH THE U.S. DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE, TO PROVIDE FOR THE MONITORING OF THE GULF OF MEXICO BEACHES FROM THE SOUTH JETTY OF PACKERY CHANNEL TO THE NORTH BOUNDARY OF PADRE ISLAND NATIONAL SEASHORE (PINS) FOR TURTLES DURING SEA TURTLE NESTING SEASON, MARCH 15TH TO SEPTEMBER 30TH BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager or designee is authorized to execute a Memorandum of Agreement with the U.S. Department of the Interior, National Park Service, Padre Island National Seashore (PINS), to provide for the monitoring of the Gulf of Mexico beaches from the South Jetty of Packery Channel to the North boundary of PINS for turtles during sea turtle nesting season, March 15th to September 3e. A copy of the Agreement is on file in the City Secretary's Office and a copy is attached. ATTEST: Armando Chapa City Secretary APPROVED February 27, 2009 Lisa Agui Assistant ity Attorney For City Attorney CI • F CORPUS CHRISTI Henry Garr Mayor 028088 Corpus Christi, Texas �n MIAofid�"Q� l ,2009 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 2L Nelda Martinez Michael McCutchon 028088 Agreement No. (NPS) RA7492M0001 MEMORANDUM OF AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND THE UNITED STATES DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE FOR SEA TURTLE MONITORING PATROLS Article I - Background and Objectives This memorandum of agreement is entered into by and between the City of Corpus Christi (hereinafter "City") an incorporated, home -ruled municipality of the State of Texas, having its principal administrative offices at 1201 Leopard Street, Corpus Christi, Texas 78401, and the U.S. Department of the Interior, National Park Service, Intermountain Region, acting through the Division of Sea Turtle Science and Recovery of Padre Island National Seashore (hereinafter "PAIS") having its principal administrative offices at 20301 Park Road 22, Corpus Christi, Texas 78418 (Mailing address: P.O. Box 181300, Corpus Christi, Texas, 78480). Throughout this agreement the City and PAIS may be referred to collectively as "the parties" or "the agencies." This agreement is entered into by and between the City and PAIS for the purpose of monitoring the Gulf of Mexico beaches from the south jetty of Packery Channel to the north boundary of PAIS for sea turtles and their nests during sea turtle nesting season, March 15 to September 30. The City of Corpus Christi will provide funding to PAIS to enable PAIS to conduct these activities. Article II - Authority 16 U.S.C. § lb(5) Article III - Statement of Work A. PAIS agrees to: 1. Perform daily patrols during daylight hours on the Gulf of Mexico beaches from Bob Hall pier to the northern boundary of PAIS to monitor turtles from March 15th to August 31st. 2. Perform single morning daily patrols on the Gulf of Mexico beaches from Bob Hall pier to the northern boundary of PAIS to monitor turtles from September 1st to September 30th. 3. Perform daily foot patrols from Bob Hall Pier to the South Jetty of Packery Channel to monitor turtles from March 15th to September 30th. 4. Report findings as requested by the City Director of Parks and Recreation or designee. B. The City of Corpus Christi agrees to: 1 Agreement No. (NPS) RA7492M0001 1. During the time frame of March 15th to September 30th, for each year of this Agreement, City will provide funding for fuel to PAIS for utility terrain vehicles ("UTVs") for the turtle monitoring services described herein, with City costs not to exceed $2,000.00 per year of this agreement. 2. During the time frame of March 15th to September 30th, for each year of this Agreement, City will provide funding to PAIS for salary and benefits for staff providing the turtle monitoring services described herein with City costs not to exceed $30,860.00. 3. City will issue payment to PAIS on reimbursement basis within thirty (30) days of receipt of invoice for services provided. 4. City costs may increase by no more than 3% per year. Article IV - Term of Agreement This agreement shall be effective for a period of five years from the date of final signature, unless it is terminated earlier by one of the parties pursuant to article VIII below. This agreement shall renew each year subject to annual appropriations of each of the parties as part of the budget process. Article V - Key Officials All communications and notices regarding this agreement will be directed to the following key official(s) for each party: For the City of Corpus Christi: Director of Parks & Recreation City of Corpus Christi Mailing Address: P.O. Box 9277 Corpus Christi, Texas 78469 Physical Address: 1201 Leopard Street Corpus Christi, TX 78401 Telephone: (361) 826-3460 Fax: (361) 826-3864 Article VI - Award and Payment For the NPS: Superintendent Padre Island National Seashore Mailing Address: P.O. Box 181300 Corpus Christi, TX 78480-1300 Physical Address: 20301 Park Road 22 Corpus Christi, TX 78418 Telephone: (361) 949-8173, extension 222 Fax: (361) 949-8286 A. City will provide payment to PAIS with costs not to exceed $32,860.00 as described in Article II. City will issue payment to PAIS on reimbursement basis within thirty (30) days of receipt of invoice of services provided. City costs may increase by no more than 3% per year. Upon termination of Agreement, PAIS will end billing to City. Article VII - Prior Approval Not applicable. 2 Agreement No. (NPS) RA7492M0001 Article VIII - Reports and/or Deliverables PAIS will report findings as requested by the City Director of Parks and Recreation or designee. Article IX - Property Utilization Not applicable. Article X - Modification and Termination A. This agreement may be modified only by a written instrument executed by the parties. B. Either party may terminate this agreement by providing the other party with thirty (30) days advance written notice. Article XI - Standard Clauses A. Civil Rights During the performance of this Agreement, the participants agree to abide by the terms of USDI- Civil Rights Assurance Certification, non-discrimination, and will not discriminate against any person because of race, color, religion, sex, or national origin. The participants will take affirmative action to ensure that applicants are employed without regard to their race, color, religion, sex, or national origin. B. Promotions The City will not publicize, or otherwise circulate, promotional material (such as advertisements, sales brochures, press releases, speeches, still and motion pictures, articles, manuscripts or other publications) which states or implies Governmental, Departmental, bureau, or Government employee endorsement of a product, service, or position which the repository represents. No release of information relating to this Agreement may state or imply that the Government approves of the City's work product, or considers the City's work product to be superior to other products or services. The NPS will not publicize, or otherwise circulate, promotional material (such as advertisements, sales brochures, press releases, speeches, still and motion pictures, articles, manuscripts or other publications) which states or implies the City, or any City employee endorsement of a product, service, or position which the repository represents. No release of information relating to this Agreement may state or imply that the City approves of PAIS' s work product, or considers PAIS's work product to be superior to other products or services. C. Public Information Release City will obtain prior Government approval from the PAIS NPS Superintendent for any public information releases which refer to the Department of the Interior, any bureau, park unit, or employee (by name or title), or this Agreement. The specific text, layout, photographs, etc. of 3 Agreement No. (NPS) RA7492M0001 the proposed release must be submitted with the request for approval. The NPS Superintendent will do the same before releasing any information associated with the City. D. Compliance with Laws All parties to this Agreement shall act, at all times, in compliance with all applicable City, State, and Federal laws and regulations. Article XII - Authorizing Signatures In witness hereof, the following authorized representatives of the parties have signed their names on the dates indicated, thereby executing this agreement. For City of Corpus Christi: Angel R. Escobar, City Manager, Title Attest By: Armando Chapa, City Secretary Approved as to form By: 4r>Z Lisa Aguilar, (J Assistant City Attorney For the City Attorney For National Park Service: Date Date 7fru44 / 27 2ooc Date 2 ink /D Joe E oto, Date Superintendent, Padre Island National Seashore C7" j�z�a 4/ 09 Donna Shay Date Chief of Division of Sea Turtle Science and Recovery, Padre Island National Seashore 4