HomeMy WebLinkAboutC2008-253 - 7/9/2008 - NAREIMBURSEMENT AGREEMENT
THIS AGREEMENT (the "Agreement') is made and entered this 4 41-day of ` /u
2008 (the "Effective Date "), by and between CITY OF CORPUS CHRISTI, T
( "CONTRACTOR ") and COASTAL BEND BAYS & ESTUARIES PROGRAM, INC.
( "CBBEP "), a non - profit corporation organized and existing under the laws of the State of Texas
(individually "Party" and together ( "Parties ").
Whereas, CONTRACTOR has agreed to:
• Delineate launching site through use of bollards.
• Relocate selected rip rap and improve the upland area with use of fill sand.
• Create dedicated parking site (2 -3 parking spaces).
• Install, with help from CBBEP, interpretative signage (once project is complete) at kayak
launch site. Signage to be provided by CBBEP
• Provide a picnic table with shade at the kayak launch.
(Please see Attachment A for further description of project.)
NOW THEREFORE, CBBEP and CONTRACTOR, intending to be and being legally bound, do
hereby agree as follows:
1. CONTRACTOR OBLIGATIONS. CONTRACTOR shall be obligated to construct in a timely
manner the above mentioned kayak launching pad and picnic table at the Dimmit Pier.
2. CBBEP REIMBURSEMENT PAYMENT. Upon completion of the construction, Contractor
shall submit request for reimbursement to CBBEP. CBBEP agrees to reimburse Contractor up to
TEN THOUSAND AND NO /000 DOLLARS ($10,000.00) for construction materials and labor.
Any additional expenses must be acknowledged in writing by the CBBEP and CONTRACTOR.
3. AGREEMENT TERM. The term of this agreement begins upon execution of this Agreement, and
shall terminate 180 days from execution, unless terminated early in accordance with the terms of this
Agreement.
4. INSURANCE REOUIREMENTS. CONTRACTOR is a self insured entity.
5. GOVERNING LAW. This Agreement is declared to be a Texas contract, and all of the terms
hereof shall be construed according to the laws of the State of Texas.
6. SUSPENSION; TERMINATION.
a. For Cause. In the event of CONTRACTOR's failure to perform the services as required by the
Agreement, violation of applicable law, substantial or material default, or other cause, CBBEP
may suspend the services or terminate this Agreement for cause.
b. Force Majeure. In the event of delay or failure of performance caused by force majeure, CBBEP
may terminate this Agreement in whole or part upon thirty (30) days written notice.
c. For Convenience. CBBEP may terminate this Agreement for convenience and without cause upon
thirty (30) days notice.
d. Payment Adjustment. If the CBBEP terminates for convenience or because of force majeure,
2008 -253
07/09/08
CB Bays & Estuaries
CONTRACTOR shall be paid only for goods and services provided and necessary expenses
incurred prior to termination.
7. NOTICES. All notices, demands, requests and other communications required or permitted to be
given or made upon either Party shall be in writing, shall be deemed to be given for purposes of this
Agreement on the date such writing is received by the intended recipient thereof, and shall be delivered
personally, by registered or certified mail (postage prepaid), reliable overnight delivery service (fees
prepaid), facsimile, or other electronic means, acceptable to the Party receiving same, addressed to the
Party to whom such notice is directed:
If to CBBEP:
Coastal Bend Bays & Estuaries Program
Attn: Jake Herring
1305 North Shoreline Boulevard, Suite 205
Corpus Christi, TX 78401
Telephone: (361) 885 -6209 Facsimile: (361) 883 -7801
E -Mail: jherring @cbbep.org
If to CONTRACTOR:
City of Corpus Christi
Attn: Sally Gavlik, Director of Parks & Recreation
1201 Leopard Street
Corpus Christi, Texas 78401
Telephone: (361) 826 -3464 Facsimile: (361) 826 -3864
Email: sallyg @cctexas.com
8. ENTIRE AGREEMENT. This Agreement and attachments constitutes the entire agreement
between the parties hereto and no further modification of the Agreement shall be binding unless
evidenced by an agreement in writing signed by CBBEP and CONTRACTOR.
EXECUTED as of the Effective Date set forth above.
Coastal Bend Bays & Estuaries Program, Inc.,
a non- profifOmnztion under t l the State of Texas
By:
Name:
Title:
Executive Director
ATTEST.
ARMANDO CHAPA
CITY SECRErAR"
Title:
Approved as to ibrm:
Lisa Aguilar
Assistant Ci ttorney
For City Attomey
045 /Harr