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HomeMy WebLinkAboutC2008-551 - 7/8/2008 - ApprovedeNo g- 51 BEACH CLEANING AND MAINTENANCE ASSISTANCE AGREEMENT GLO CONTRACT NO. 09-017-006-3587 This Beach Cleaning and Maintenance Assistance Agreement (the "Contract ") is entered into by and between the General Land Office (the "GLO "), a state agency, and the City of Corpus Christi, Texas (the "Local Government ") as part of the Beach Cleaning and Maintenance Assistance Program (the "Program "), pursuant to the authority granted by and in compliance with the provisions of the Open Beaches Act of the Texas Natural Resources Code (the "Act "). I. FINANCIAL ASSISTANCE 1.01 APPLICATION The Local Govermnent has applied to the GLO for state funds for reimbursement of allowable expenses incurred by the Local Government for the purpose of cleaning and maintaining the condition of public beaches within its boundaries in accordance with Chapter 61, Subchapter C of the Texas Natural Resources Code and the GLO's regulations promulgated thereunder as set forth in Title 31, Texas Administrative Code, Chapter 25, as the same may be amended from time to time (hereinafter collectively referred to as the "Applicable Law "). A copy of the application (with all exhibits) submitted to the GLO by the Local Government is attached hereto as Attachment A (the "Application "). 1.02 SCOPE OF WORK The Local Government agrees to clean and maintain THIRTY -TwO THOUSAND THREE HUNDRED THIRTEEN AND SIX TENTHS (32,313.6) linear feet of public beaches, abutting the Gulf of Mexico and located within the jurisdiction of the Local Government, in accordance with the Application and the Applicable Law (the "Project "). The Local Government shall be responsible for procuring all appropriate licenses and permits which may be required by any competent authority for the performance of the work for the Project. II. TERM OF CONTRACT This Contract shall be effective September 1, 2008, and shall terminate on August 31, 2009. The GLO, at its own discretion, may extend this Contract subject to terms and conditions mutually agreeable to both parties. 2008 -551 07/08/08 Res. 027752 General Land Office GLO Contract No. 09- 017- 006 -3587 Page 1 of 9 III REIMBURSEMENT 3.01 REIMBURSEMENT DETERMINATION The regulations in Title 31, Texas Administrative Code, Chapter 25, will be applied by the GLO in determining the actual amount of the Local Government's reimbursement. In the event the GLO determines there are unclaimed or uncommitted funds available from funds appropriated for the Program, an additional amount may be available to the Local Government as a pro rata participant of any distribution of funds made by the GLO, in its sole discretion. 3.02 INELIGIBILITY If the GLO determines that the Local Government is no longer complying with the Applicable Law, the GLO shall notify the Local Government in accordance with the Applicable Law. The GLO may withhold funds until the GLO is satisfied that there is no longer a failure to comply by the Local Government. The GLO may require reimbursement for funds received in violation of the Applicable Law. 3.03 REIMBURSEMENT REQUESTS The Local Government shall submit itemized reimbursement requests in accordance with the Applicable Law, no more frequently than once per calendar quarter. GLO regulations for the Program stipulate that reimbursements to participants will be made semi - annually. Because the actual semi - annual reimbursement to participants is dependent upon the total reimbursable expenditures submitted by all participants, any participant who fails to submit complete and timely quarterly reports unfairly delays reimbursement to all other participants. Timely submittal means that the quarterly reports are received by the GLO no later than sixty (60) days after the end of each quarter of the state fiscal year in which the expenses are incurred. By entering this Contract, the Local Government agrees to timely submit complete and accurate quarterly reports. THE GLO MAY, AT ITS SOLE DISCRETION, DENY REIMBURSEMENT FOR EXPENDITURES IN A QUARTER IN WHICH THE QUARTERLY REPORT WAS NOT COMPLETELY AND TIMELY FILED WITH THE GLO. All requests for reimbursement shall prominently display "GLO Contract No. 09 -017- 006- 3587." FAILURE TO INCLUDE THIS NUMBER MAY SIGNIFICANTLY DELAY PAYMENT. 3.04 REIMBURSEMENT PAYMENTS The GLO agrees to reimburse the Local Government for allowable expenses incurred in connection with the beach maintenance activities from September 1, 2008 to August 31, 2009, not to exceed the Local Government's pro rata share of funds appropriated by the legislature for beach cleaning and maintenance less the GLO's administrative costs which equates to $846,000 available for distribution. The regulations in Title 31, TAC, Chapter 25 will be applied by the GLO in determining the actual amount of the Local Government's reimbursement. No city or county may receive as its state share an amount that is greater than two thirds of the amount of eligible expenses the city or county spends for the purpose of claiming and maintaining public beaches within its jurisdiction during the state fiscal year for which reimbursement is sought. The Local Government's authority is limited to the linear footage of beach approved within the application GLO Contract No. 09- 017 - 006 -3587 Page 2 of 9 and noted in Attachment A. All expenditures used in the calculation of Local Government's pro rate share of reimbursement must be eligible in accordance with TNRC 31 TAC 25.12. Reimbursement may not exceed the extent of state assistance as detailed in TNRC 31 TAC 25.13. The pro rata share shall be determined by the following two -part formula: (a) 25% of the $846,000 is determined based upon the ratio determined by dividing the length of public beach in the Local Government's jurisdiction by the total beach lengths maintained by all participating local governments (b) 75% of the $846,000 is determined based upon the ratio determined by dividing the amount of money spent in the Local Government's jurisdiction by the total amount of money spent by all participating local governments In the event the GLO determines there are unclaimed or uncommitted funds available from funds appropriated for the Program, an additional amount may be available to the Local Government as a pro rata participant of any distribution of funds made by the GLO, in its sole discretion. THE LOCAL GOVERNMENT ACKNOWLEDGES AND AGREES THAT IT WILL NOT RECEIVE REIMBURSEMENT FOR ANY ALLOWABLE EXPENSES INCURRED BY THE LOCAL GOVERNMENT IN CONNECTION WITH THE PROJECT DURING ANY TIME IN WHICH THE LOCAL GOVERNMENT WAS NOT IN COMPLIANCE WITH GOVERNING LAW. IV. COPYRIGHT AND PUBLICATION The Local Government shall not assert any rights at common law or in equity, or otherwise seek to establish any claim to statutory copyright in any material or information developed under this Contract. The parties expressly agree that the GLO shall own all right, title, and interest in and to any copyright or other intellectual property rights and any material or information developed under this Contract including, the right to use, reproduce, or publish any or all of such information and other materials without the necessity of obtaining permission from the Local Government, and without expense or charge. THIS PROVISION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS CONTRACT. V. STATE FUNDING This Contract shall not be construed as creating any debt on behalf of the State of Texas and/or the GLO in violation of Texas Constitution Article ]II, Section 49. In compliance with Texas Constitution Article VIII, SECTION 6, it is understood that all obligations of the GLO hereunder are subject to the availability of state funds. If such funds are not appropriated or become unavailable, this Contract may be terminated. In that event, the parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests, accrued up to the date of termination. GLO Contract No. 09- 017- 006 -3587 Page 3 of 9 VI. RECORDS, AUDIT, PROPRIETARY INFORMATION, AND PUBLIC DISCLOSURE 6.01 BOOKS AND RECORDS The Local Government shall keep and maintain under Generally Accepted Accounting Principles ( "GAAP ") full, true, and complete records necessary to fully disclose to the GLO, the Texas State Auditor's Office, the United States Government, and/or their authorized representatives sufficient information to determine compliance with the terms and conditions of this Contract and all state and federal rules, regulations, and statutes. 6.02 INSPECTION AND AUDIT The. Local Government agrees that all relevant records related to this Contract or any work product produced, including the practices of its subcontractors, shall be subject at any reasonable time to inspection, examination, review, audit, and copying at any location where such records may be found, with or without notice by the Texas State Auditor's Office, the GLO, its contracted examiners, or the Texas Attorney General's Office. With regard to any federal funding, the relevant federal agency, the Comptroller General, the General Accounting Office, the Office of Inspector General, or any of their authorized representatives shall also have this right of inspection. All subcontracts shall reflect the requirements of this section. 6.03 PERIOD OF RETENTION The Local Government shall retain all records relevant to this Contract for a minimum of two (2) years, following the termination of the state fiscal year in which the project expires. If any federal funds are used in the Contract, Local Government shall retain said records for a minimum of five (5) years. The period of retention begins at the date of payment by the GLO for the goods or services or from the date of termination of the Contract, whichever is later. The period of retention shall be extended for a period reasonably necessary to complete an audit and/or to complete any administrative proceeding or litigation that may ensue. VII. EVENTS OF DEFAULT AND REMEDIES 7.01 EVENTS Each instance of the Local Government's failure to comply with any term, covenant, or provision contained in this Contract shall constitute an event of default ( "Event of Default ") under this Contract. 7.02 REMEDIES; NO WAIVER Upon the occurrence of any such Event of Default, the GLO shall be entitled to avail itself of any equitable or legal remedy. A right or remedy conferred by this Contract upon either party is not intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given under this Contract, or hereafter legally existing upon the occurrence of an Event of Default. The failure of the GLO either to insist at any time upon the strict observance or performance of GLO Contract No. 09- 017 - 006 -3587 Page 4 of 9 any of the provisions of this Contract, or to exercise any right or remedy as provided in this Contract shall not impair any such right or remedy or be construed as a waiver or relinquishment thereof with respect to subsequent defaults. VIII. MISCELLANEOUS PROVISIONS 8.01 INDEMNITY EXCEPT FOR DAMAGES DIRECTLY OR PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OF THE GLO, THE LOCAL GOVERNMENT SHALL INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS, THE GLO, AND THE STATE OF TEXAS AND THE GLOSS OFFICERS, REPRESENTATIVES, AGENTS, AND EMPLOYEES, TO THE FULL EXTENT PERMITTED UNDER THE CONSTITUTION AND LAWS OF THE STATE OF TEXAS, FROM ANY LOSSES, CLAIMS, SUITS, ACTIONS, DAMAGES, OR LIABILITY (INCLUDING ALL COSTS AND EXPENSES OF DEFENDING AGAINST ALL OF THE AFOREMENTIONED) ARISING IN CONNECTION WITH: • THIS CONTRACT; • ANY NEGLIGENCE, ACT, OMISSION, NEGLECT, OR MISCONDUCT IN THE PERFORMANCE OF THE SERVICES REFERENCED HEREIN; OR ▪ ANY CLAIMS OR AMOUNTS ARISING OR RECOVERABLE UNDER FEDERAL OR STATE WORKERS' COMPENSATION LAWS, THE TEXAS TORT CLAIMS ACT, OR ANY OTHER SUCH LAWS. THE LOCAL GOVERNMENT SHALL BE RESPONSIBLE FOR THE SAFETY AND WELL BEING OF ITS EMPLOYEES, CUSTOMERS, AND INVITEES. THESE REQUIREMENTS SHALL SURVIVE THE TERM OF THIS CONTRACT UNTIL ALL CLAIMS HAVE BEEN SETTLED OR RESOLVED AND SUITABLE EVIDENCE TO THAT EFFECT HAS BEEN FURNISHED TO THE GLO. 8.02 ASSIGNMENTS AND SUBCONTRACTS The Local Government shall not assign, transfer, or delegate any rights, obligations, or duties under this Contract without the prior written consent of the GLO. Notwithstanding this provision, it is mutually understood and agreed that the Local Govemment may subcontract with others for some or all of the services or work to be performed. In any approved subcontracts, the Local Govemment shall legally bind any such subcontractors to perform and make such subcontractors subject to all the duties, requirements, and obligations of the Local Government specified herein. Nothing in this Contract shall be construed to relieve the Local Government of the responsibility for ensuring that the goods delivered and/or the services rendered by the Local Government and/or any of its subcontractors comply with all the terms and provisions of this Contract. The Local Government will provide written notification to the GLO of any such subcontractor performing fifteen percent (15 %) or more of the work under this Contract, including the name and taxpayer identification number of subcontractor, the task(s) being performed, and the number of subcontractor employees expected to work on the task. GLO Contract No. 09- 017- 006 -3587 Page 5 of 9 8.03 HISTORICALLY UNDERUTILIZED BUSINESSES (HUBs) / MENTOR PROTEGE (a) In accordance with State law, it is the GLO's policy to assist HUBs whenever possible, to participate in providing goods and services to the agency. The GLO encourages those parties with whom it contracts for the provision of goods and services to adhere to this same philosophy in selecting subcontractors to assist in fulfilling Local Governments obligations with the GLO. In addition to information required by this Contract, Local Government will provide the Purchasing Department of the GLO with pertinent details of any participation by a HUB in fulfilling the duties and obligations arising hereunder. (b) The GLO encourages Local Governments to partner with certified HUBs that participate in the Comptroller's Mentor Protege Program. For more information on the program, and how it can assist your firm in meeting good faith effort goals please visit: http: / /www. window. state. tx. us / procurement /prog/hub /mentorprotege/ 8.04 RELATIONSHIP OF THE PARTIES The Local Government is associated with the GLO only for the purposes and to the extent specified in this Contract, and, in respect to the Local Government's performance pursuant to this Contract, the Local Government is and shall be an independent contractor and, subject only to the terms of this Contract, shall have the sole right to supervise, manage, operate, control, and direct performance of the details incident to its duties under this Contract. Nothing contained in this Contract shall be deemed or construed to create a partnership or joint venture, to create relationships of an employer - employee or principal- agent, or to otherwise create for the GLO any liability whatsoever with respect to the indebtedness, liabilities, and obligations of the Local Government or any other party. The Local Government shall be solely responsible for, and the GLO shall have no obligation with respect to: (a) withholding of income taxes, FICA, or any other taxes or fees; (b) industrial or workers' compensation insurance coverage; (c) participation in any group insurance plans available to employees of the State of Texas; (d) participation or contributions by the state to the State Employees Retirement System; (e) accumulation of vacation leave or sick leave; or (f) unemployment compensation coverage provided by the state. GLO Contract No. 09- 017- 006 -3587 Page 6 of 9 8.05 COMPLIANCE WITH OTHER LAWS In the performance of this Contract, the Local Government shall comply with all applicable federal, state, and local laws, ordinances, and regulations. The Local Government shall make itself familiar with and at all times shall observe and comply with all federal, state, and local laws, ordinances, and regulations that in any manner affect performance under this Contract. 8.06 APPLICABLE LAW AND VENUE This Contract and the rights and obligations of the parties hereto shall be governed by, and construed according to, the laws of the State of Texas, exclusive of conflicts of law provisions. Venue of any suit brought under this Contract shall be in a court of competent jurisdiction in Travis County, Texas. Local Govemment irrevocably waives any objection, including any objection to personal jurisdiction or the laying of venue or based on the grounds of forum non conveniens, which it may now or hereafter have to the bringing of any action or proceeding in such jurisdiction in respect of this Contract or any document related hereto. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO. 8.07 SEVERABILITY If any provision contained in this Contract is held to be unenforceable by a court of law or equity, this Contract shall be construed as if such provision did not exist and the non- enforceability of such provision shall not be held to render any other provision or provisions of this Contract unenforceable. 8.08 DISPUTE RESOLUTION If a contract dispute arises that cannot be resolved to the satisfaction of the parties, either party may notify the other party in writing of the dispute. If the parties are unable to satisfactorily resolve the dispute within fourteen (14) days of the written notification, the parties must use the dispute resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to resolve the dispute. This provision shall not apply to any matter with respect to which either party may make a decision within its respective sole discretion. 8.09 ASSURANCES AND AFFIRMATIONS The Local Government represents that it is qualified and meets all the requirements of the Applicable Law for participation in the Program The Local Government covenants and agrees to comply with the Applicable Law related to the Program. Specifically, the Local Government covenants: (i) that, if entrance to public beaches under its jurisdiction is not free of charge, fees charged for beach access conform with the Local Government's beach/dune plan, adopted and certified pursuant to Texas Natural Resources Code Section 61.015 (the ` Beach/Dune Plan"); and (ii) that it is currently in compliance with and will remain in compliance with the beach user fee provisions in the GLO's rules for management of the beach/dune system, GLO Contract No. 09- 017 - 006 -3587 Page 7 of 9 Title 31, Texas Administrative Code, Chapter 15, during the fiscal year for which reimbursement is sought. The Local Government further agrees that all beach maintenance activities will be performed in compliance with its Beach/Dune Plan. 8.10 INTERPRETIVE PROVISIONS (a) The meanings of defined terms are equally applicable to the singular and plural forms of the defined terms; (b) The words "hereof," "herein," "hereunder," and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, Work Order, or schedule of this Contract unless otherwise specified; The term "including" is not limiting and means "including without limitation" and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent amendments and other modifications thereto, but only to the extent that such amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation; (d) The captions and headings of this Contract are for convenience of reference only and shall not affect the interpretation of this Contract; (e) All attachments within this Contract, including those referenced by incorporation, and any amendments are considered part of the terms of this Contract; (f) This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative and each shall be performed in accordance with its terms; (g) (c) Unless otherwise expressly provided, reference to any action of the GLO or by the GLO by way of consent, approval, or waiver shall be deemed modified by the phrase "in its /their sole discretion." Notwithstanding the preceding sentence, any approval, consent, or waiver required by, or requested of, the GLO shall not be unreasonably withheld or delayed; All due dates and/or deadlines referenced in this Contract that occur on a weekend or holiday shall be considered as if occurring on the next business day; All time periods in this Contract shall commence on the day after the date on which the applicable event occurred, report is submitted, or request is received; and Time is of the essence in this Contract. GLO Contract No. 09- 017 - 006 -3587 Page 8 of 9 8.11 ENTIRE CONTRACT AND MODIFICATIONS This Contract, its integrated attachment(s), and any purchase order issued in conjunction with this Contract constitute the entire agreement of the parties and are intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and other agreements that may have been made in connection with the subject matter hereof. Any additional or conflicting terms in such attachment(s) and/or purchase order shall be harmonized with this Contract to the extent possible. Unless such integrated attachment or purchase order specifically displays a mutual intent to amend a particular part of this Contract, general conflicts in language shall be construed consistently with the terms of this Contract. 8.12 PROPER AUTHORITY Each party hereto represents and warrants that the person executing this Contract on its behalf has full power and authority to enter into this Contract. The Local Government acknowledges that this Contract is effective for the period of time specified in the Contract. Any services performed by the Local Government before this Contract is effective or after it ceases to be effective are performed at the sole risk of the Local Government. 8.13 COUNTERPARTS This Contract may be executed in any number of counterparts, each of which shall be original, and each such counterpart shall together constitute but one and the same contract. If the Contract is not executed by the GLO within thirty (30) days of execution by the other party, this Contract shall be null and void. SIGNATURE PAGE FOLLOWS GLO Contract No. 09- 017- 006 -3587 Page 9 of 9 SIGNATURE PAGE FOR GLO CONTRACT No. 09- 017 - 006 -3587 GENERAL LAND OFFICE LanyL. Laine, Chief Clerk/ Deputy Land Commissioner Date of execution:2l 11CLL) MM S.A. Div. AGC CC. fkig CITY OF CORPUS CHRISTI Date of execution: ,—/61-0 °1 UTN1R12ti g SECRETARYp eY COUNCIL ATTACHMENT A GLO CONTRACT NO. 09-017-006-3587 APPLICATION Application for State Assistance in Cleaning and Maintaining Public Beaches for Fiscal Year 2009 Beginning September 1, 2008 Texas General Land Office Jerry Patterson, Commissioner P.O. Box 12873 Austin, Texas 78711 -2873 Attachment Contract No. Page J-- of City or county making application (applicant): Clt4 OF COYpYS Otvtbi1 Name and address of administrative body responsible for beach cleaning: City OF Corp -Y> Christi PanCS and t2etreatior O pa( +ma'„ p.o Cyx n'Ll1 COY (1)-5 CY-n5ri ,-n( 104(Ca -q2:11 Name, organization, and title of official with day-to-day responsibility for project: nChet tenor re ibebOn apa int -ctat, Pant ore AGCY cez cn P.o. 60X qt -n torpor ONN3ri , TX. l3Utdf- qt-n Name, address, and title of official authorized to receive state reimbursement: Gall'.{ C t\ks D'YeCsU, PaftibZrd Pcue6iion D ri n-e (Pant and PeueBnZr �W-Jr1 p�ennOel nt P.o . tt ox q2_--n cone t CVvYtbti 71c. "1& Roci- £1211 ) The applicant understands and agrees that the requirements set forth in Section 61.069 of the Texas Natural Resources Code must be met, and the applicant expressly pledges and represents that it has met or will meet the requirements through the following: 1. The applicant has a duly constituted beach park board or like body with adequate authority to administer an effective program of keeping the public beaches under its jurisdiction clean. (OBA §61.069 (1)) 2. The applicant shall provide for receipt of all project funds by its treasurer or like official who shall adequately safeguard such funds and assure same are expended solely for project purposes. The applicant agrees to reimburse the General Land Office for any project funds lost or spent for non - project purposes. (OBA §61.069 (2)) 3. The applicant shall submit such reports as to amounts and types of project expenditures as may be required by the General Land Office. (OBA §61.069 (3)) 4. The applicant provides free entrance to all public beaches within its jurisdiction. (OBA §61.069 (4)) 5. The applicant operates and maintains one or more coastal parks which are satisfactory to the General Land Office with respect to size and facilities. (OBA §61.069 (5)) Page 1 ' Application for State Assistance in Cleaning and Maintaining Public Beac 32,313. Total linear feet of beach to be cleaned 14 ,lthy. C) 1. Equipment rental, litter and debris remo 2. Labor, litter and debris removal 3. Signs, litter - related 4. Supervision, litter and debris removal 5. Solid waste collection and disposal, including purchase of containers 6. Portable toilet rental and servicing 7. Barricades, bollards, and traffic signs S. Lifeguard expenses 9. Litter patrol expenses 10. Beach patrol expenses 11. Administration TOTAL LLL Attachment • -mat Contract No. S Page of --14— 1QE AWE Pck Ml le TH0-9 CS.PeA H.1" 6.na $ alp 000. 00 41 0©O. CO C j of 1. Oo Co i5 r m<(YJ CHRISTI I ”CO . CY) ICI, attl. 12 OCC) . 00 1r5 ern 00 ip 00 2_,50. ODD. OO to �. $ gtflq -ton 00 Amount of state assistance requested for current state fiscal year (may not exceed two-t irds of amount shown in line above as provided by Section 61.076 of the Texas Natural Resources Code): $ lP4 IX 41Q . or) The General Land Office reserves the right to require of the applicant any additional evidence it may deem necessary for the approval of the application or management of the program. Supporting documents: (The application is incomplete unless the following documents are included) Mark the applicable box as the corresponding document is included with the application. ❑ A current resolution authorizing application for funds and vesting an official with full authority to act for purposes of the program. On a) G,'2c,oa CW CajrC t a ` AHaahed ❑ A Texas Department of Transportation county map upon which are delineated the public beaches to be cleaned and the linear feet of beach therin. Ati'c(red ❑ A site plan of applicant's beach park which meets the minimum requirements established by the state. PNVaCXit?A ❑ A certified copy of documentation establishing a beach park board or like body. On FLG ❑ A current written statement attesting that the maintenance to be provided is consistent with the applicants community adopted plan for Beach Access and Dune Protection. 1 kkacy,cj ❑ A current written statement acknowledging that compliance with the regulations for collection and expenditure of beach user fees, contained in Section 15.6 of the state's beach access and dune protection regulations, is a requirement of the program. ANw,.ecy ❑ A current written statement that the applicant will supply an adequate number of garbage and litter receptacles for that area of the beach which the applicant cleans and maintains in this program. Receptacles for recyclables are suggested, but not required. f\4k cy ed ❑ A current list, adopted by the governing body, of the equipment rates to be charged per hour or per day which also indicates whether with or without operator and which includes portable toilets, if provided -Wec eci ❑ A current beach - cleaning proposal describing the cleaning and maintenance operations at the beach. Pcg'aCred Q ' Of W flt7`J C ln(t —A Applicant duly authorized, submits this application and conditions. ( 07 /ro(0f Date acting by and through Iiy Cr V11K 'l Official' and certifies its contents are true and correct, and by . ad' rAi& {r,e Name and Title lit ,1 -tn(t hereunto agrees to the above terms traf I 6-ine k Attachment ...� Contract No. I1 Page 3 of _LL_. RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY TO REQUEST CONTINUED FINANCIAL ASSISTANCE FOR BEACH CLEANING AND MAINTENANCE ON NORTH PADRE ISLAND AND MUSTANG ISLAND DURING FY 2008 -2009 UNDER THE TEXAS GENERAL LAND OFFICE'S CLEANING AND MAINTENANCE ASSISTANCE PROGRAM. 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 all documents necessary to apply for continued financial assistance for cleaning and maintaining beaches under the City's jurisdiction on North Padre Island and Mustang Island during FY 2008 -2009 under the Texas General Land Office's Beach Cleaning and Maintenance Assistance Program. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: Armando Chapa City Secretary APPROVED: June 25, 2008 Lisa Aguil Assistant City Attorney for City Attorney THE CITY OF CORPUS CHRISTI Henry Ga ett Mayor 027752 Corpus Christi, Texas of 2008 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon � U ad 41 4 AAA 1 027752 Attachment Contract 4o. Page L/1 ilh City of Corpus Christi PARKS & RECREATION DEPARTMENT PO Box 9277 Corpus Christi Texas 78469 -9277 Phone 361-826-3461 Fax 361- 826 -3864 www.cctexas.com www.ccparkandrec.com SERVICES/PROGRAMS 78415 CYD Program Aquatics Athletics Beaches & Bayfront Parks Elderly Nutrition Program Golf Centers Juvenile Assessment Center Latchkey Marina Cultural Services Park Operations Recreation Centers Retired Senior Volunteer Program Senior Centers Senior Companion Program Summer Youth Program Tennis Centers Weed & Seed Program Youth Nutrition Program July 14, 2008 Texas General Land Office Attn: Conrad Swan P.O. Box 12873 Austin, TX 78711 -2873 Dear Mr. Swan: Attachment „ Contract No Page r of -Li- The signed application for state assistance for beach maintenance for fiscal year 2008 is attached. We presented the application to the City Council for their approval on July 8, 2008, and the resolution is attached. An estimate of expenditures is included in the application. A copy of our payroll burden rate methodology is also attached. A Current Equipment Rate Sheet A current equipment rate sheet is attached and is based on the current FEMA schedule of equipment rates. Garbage and Litter Statement An adequate number of garbage and litter receptacles are available on the beaches. The receptacles are positioned so that they are convenient for the beach user all along the city- maintained beaches but also not so many as to make maintenance too costly. Beach Dune Rule Compliance Statement The beach cleaning and maintenance performed by the city personnel is consistent with the plan our community adopted for Beach Access and Dune Protection. It relates to the City of Corpus Christi Code of Ordinances Chapter 10: Beachfront Management and Construction. Beach User Fees Regulations Compliance Statement The City of Corpus Christi is in compliance with State Regulation 31 TAC § 15.8 concerning the collection and expenditure of beach user fees. The City is collecting fees for beach parking on the gulf beach areas. A Texas Department of Transportation (TxDOT) County Map A TxDOT map is attached with the beaches maintained and the linear footage written on the map. RECEIVED JUL 17 2008 GENERAL LAND OFFICE City of Corpus Christi PARKS & RECREATION DEPARTMENT PO Box 9277 Corpus Christi Texas 78469 -9277 Phone 361-826-3461 Fax 361- 826 -3864 www.cctexas.com www.ccpadrandrec.com SERVICES/PROGRAMS 78415 CYD Program Aquatics Athletics Beaches & Bayfront Parks Elderly Nutrition Program Golf Centers Juvenile Assessment Center Latchkey Marina Cultural Services Park Operations Recreation Centers Retired Senior Volunteer Program Senior Centers Senior Companion Program Summer Youth Program Tennis Centers Weed & Seed Program Youth Nutrition Program GLO Beach Cleaning Application for FY 2008 Page 2 Attachment Contract No Page of 4 120 aft, A site map of all applicable beach parks Attached is a site map which shows the city, county, and state parks, maintenance areas and the user fee and free areas. Beach Cleaning Proposal 4 • The City of Corpus Christi welcomes visitors and residents alike to our carefully groomed beaches. The Parks and Recreation Department has a 3a,313,0k staff of 7 employees that maintain the- 41,7C4.891inear feet of beaches. They 4,f,n use motor - graders, loaders, tractors, pickups, garbage trucks, and dump trucks to remove the seaweed from above the mean tide line (MTL) and place in the fore dunes to reinforce the sand dunes with the organic material or . L grade the sand and bury the seaweed in windrows above the MTL. Every day 111 our staff empties the 130 trash barrels along the beach. The portable restrooms are serviced several times a week (depending on use.) The parks department also provides lifeguards at stands along the heavily used city beach areas. We have an interlocal agreement to provide 2 lifeguards at the county beaches, as well. Our beach maintenance crew, lifeguards, and beach parking permit sellers work out of Fire Station 16 on Mustang Island. The city police department makes regular patrols on the beach and the surrounding areas. There are several events on the beach for which our staff prepares and performs the clean -up afterwards. Among the events are: Easter, Spring Break, Memorial Day, July 4th fireworks cleanup (heavy resident displays), and Labor Day. Along with the City of Port Aransas and Nueces County, the city shares the revenues from a beach parking permit that is sold to beach users. The city has hired a Beach Parking Coordinator, that uses a city- identified vehicle and temporary canopies from which the sales of parking permits are made. The parking permit is required for parking on the beach in the areas identified as permit- required. There are areas that are free and do not need parking permits. The City of Corpus Christi realizes the valuable asset of the gulf beaches and the expectations of its users — clean and well- maintained beaches for recreational activities. City of Corpus Christi PARKS & RECREATION DEPARTMENT PO Box 9277 Corpus Christi Texas 78469 -9277 Phone 361- 826 -3461 Fax 361-826-3864 www.cctexas.com www.ccparkandrec.com SERVICES/PROGRAMS 78415 CYD Program Aquatics Athletics Beaches & Bayfront Parks Elderly Nutrition Program Golf Centers Juvenile Assessment Center Latchkey Marina Cultural Services Park Operations Recreation Centers Retired Senior Volunteer Program Senior Centers Senior Companion Program Summer Youth Program Tennis Centers Weed & Seed Program Youth Nutrition Program mastoCIV '1111' GLO Beach Cleaning Application for FY 2008 Page 3 Attachment Contract No. Page of We support the General Land Office's management of the Beach Maintenance Assistance Program. We also believe that the program should be expanded to more adequately support local efforts to maintain our beaches for tourism and local recreation activities. If you require any further information, please contact Michele Thomas, Beach and Special Events Superintendent, at (361) 826 -3494. Sincerely, kith;a azir ic, Sally Gavlik, Director Parks & Recreation Department aooq GLO Beach Cleaning Reimbursement FY2998- Equipment Rate List Attachment Contract No. Page __2— of _11-- Equipment / Vehicle Size Rate Maintenance Crane Carrier LET 46ft Garbage Truck 25 CY $41.50 Per Hour Crane Carrier LET 46ft Garbage Truck 25 CY $41.50 Per Hour Ford 4X4 Crewcab Pickups 3/4 Ton, up to 130 HP $0.45 Per Mile Ford 4X4 Crewcab Pickups 3/4 Ton, up to 130 HP $0.45 Per Mile Supervisor Pickup 1 Ton, up to 130 HP $0.45 Per Mile Ford 4X4 Crewcab Pickups 3/4 Ton, up to 130 HP $0.45 Per Mile Tractor 1 YD Bucket $10.00 Per Hour Front -End Wheel loader 3.5 Yd Bucket Front -End Wheel loader 3.5 Yd Bucket Motorgrader 14ft Blade Motorgrader 14ft Blade airleilleiglat Ford F900 Dump Truck 12 CY $31.00 Per Hour , Lifeguards Ford 4X4 Crewcab Pickups 3/4 Ton, up to 130 HP $0.45 Per Mile Ford 4X4 Crewcab Pickups 3/4 Ton, up to 130 HP $0.45 Per Mile Polaris Ranger 4X4 (Small Vehicle) to 10 HP $5.25 Per Hour Polaris Ranger 4X4 (Small Vehicle) to 10 HP $5.25 Per Hour Seadoo GTS 5521 Jet Ski 80 HP $14.45 Per Hour Seadoo GTS 5521 Jet Ski 80 HP $14.45 Per Hour Rib Craft Outboard Patrol Boat 150 HP $14.45 Per Hour It-eased per. M.thewas) citmsri 68.33% I Attachment Contract o Page of _ Payroll Burden Rate Methodology Total Benefits Total Benefits FY04 -05 Base Salary Cost Direct Cost Factors FY04 -05 Actuals Actuate wlo Exe payplan Total a of FTE's Employee Benefits 18,839,407 18,306.560 104,146,422 sow 3135 Liability Benefits 3,508,129 3,445,484 108.830,440 .e. 3192 Workers Comp Benefits 2,723,595 2,674.959 Retirement Bene's (14.03 %) 14,611,743 14,611.743 Federal Tax (7.65 %) 7,967,201 7,967,201 Direct Rate 47,450,075 47,005,948 104,148,422 45.13% Indirect Cost Factors Total FY04-05 Exps Adjusted FY04 -05 Exps Administration Human Resources • 1,311,875 Risk Management Admin • 1,050,205 Municipal Information Sys * 11,231.274 Maintenance Services • 16,080,029 • Does not Include 29,673,383 927,020 760,147 10,428,449 6,831,589 Retirement Group Health Maint Services Alloc MIS Allocation Self Ins Alio Maint Services- Capital Purchases Maint Services -Cost of Goods Sold 18,947,205 5.00% 0.89% 0.73% 10.01% 6.56% 104,146,422 23.19% Combined Direct/In- Direct Rate 2/17/ 20066:34 AMH:I BUD- DIRISHARED \2005- 20061Maximo1Burden Rate Template 3541 Attachment {gdilild ,y.Ai��e�_ Contract No. 6 Page of _... Designated Beach Area Fees, Maintenance Limits and Markers