Loading...
HomeMy WebLinkAboutC2010-027 - 3/9/2010 - ApprovedPage 1 of 3 City of Corpus Christi The University of Texas Marine Science Institute INTERLOCAL AGREEMENT TO PROVIDE FOR TURTLE MONITORING This Interlocal Agreement f `Agreements is entered into pursuant to the Interlocal Cooperation Act, Chapter 791, Texas Government Code by and between, the City of Corpus Christi, f`Cit~~ an incorporated, home-rule municipality of the State of Texas, having its principal administrative offices at 1201 Leopard Street, Corpus Christi, Texas 78401; and The University of Texas at Austin on behalf of its Marine Science Institute, fUTMSI~ having its principal administrative offices at 750 Channel View Drive, Port Aransas, Texas 78373. NOW, THEREFORE, the parties above agree as follows: I. Purpose of Agreement. The purpose of this Agreement is to provide for the daily monitoring of the North Jetty of Packery Channel to the Port Aransas city limits for turtles during daylight hours. A. UTMSI will: 1. Perform daily patrols during daylight hours on the Gulf of Mexico beaches from the North Jetty to the Port Aransas City limits to monitor turtles from March 15 to September 30, for each year of this agreement. 2. Provide written monthly reports on observations to City of Corpus Christi Director of Parks and Recreation or designee. 3. Utilize UTMSI vehicles, equipment and employees to perform all of its services under this agreement. B. The City of Corpus Christi shall: 1. Pay $10,000 to UTMSI for all services provided by UTMSI during each year of this agreement. Payment shall be made within 45 days after execution of this agreement by both Parties and annually thereafter on the one year anniversary date of the Effective Date of this Agreement. 2. Provide fuel for the vehicle used by UTMSI to provide beach turtle patrols under this agreement. II. Term of Agreement. This Agreement begins on the date of last signature f Tffective Datd~. This Agreement shall renew each year on the anniversary date of this Agreement up to a maximum often (10) years, and subject to annual appropriations of each of the parties listed above as part of their regular budget process. After the period of automatic renewals, this agreement may be renewed for additional one year terms by mutual written agreement of the parties. Each party may terminate their participation in this Agreement without cause and without recourse as follows: Upon providing 90 days -written notice to the other party at the addresses indicated below: 2010-027 Res. 028500 03/09/10 rk\Interlocal Agreement Turtle Patrol-R (final).doc UT-Austin ~ ~[~E»N-~ Page 2 of 3 Director of Parks & Recreation City of Corpus Christi 1201 Leopard Street. Corpus Christi, TX 78401 University of Texas Marine Science Institute Attn: Lee A. Fuiman, Director 750 Channel View Port Aransas, TX 78373 With a copy to: The University of Texas at Austin Main Building, 102 Inner Campus Drive Austin, Texas 78712 Attention: Kevin P. Hegarty Vice President and Chief Financial Officer III. Compliance with All Laws. All parties to this Agreement shall act, at all time, in compliance with all applicable City, State and Federal laws and regulations. IV. Independent contractor. UTMSI shall perform all services as an independent contractor and shall furnish such services in its own manner and method, and under no circumstances or conditions shall an agent, servant, or employee of UTMSI be considered an employee of the City of Corpus Christi. Accordingly, UTMSI shall be responsible for payment of all applicable taxes including Federal, State and local taxes arising out of UTMSPs activities in accordance with this Agreement, including but not limited to Federal and State income tax, Social Security tax, unemployment insurance taxes, or any other applicable taxes. V. Entire Agreement. This instrument contains the entire agreement between the parties relating to the rights herein granted and obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force or effect, excepting a subsequent modification in writing signed by the party to be charged. VI. Breach of Obli ag tion. This Agreement is entire as to all of the performances to be rendered under it. Breach of any obligation to be performed by either party shall constitute a breach of the entire Agreement and shall give the other party the right to terminate this Agreement upon ten days written notice and opportunity to cure. Notwithstanding the above, neither party shall have the right to terminate this agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, weather, wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected. VII. Law Governin Vg enue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. The obligations and undertaking of each of the parties to this Agreement shall be performable in Nueces County, Texas. VIII. Severability. In case any one or more of the provisions contained in this Agreement shall be held to be invalid, illegal or unenforceable in any respect, such invalidity or unenforceability shall not affect any other provisions thereof and this Agreement shall be construed as if such invalidity, illegal or unenforceable provision had never been contained herein. H:\LEG-DIR\Lisa\2010 Park\Interlocal Agreement Turtle Patrol-R (final).doc Page 3 of 3 IX. Amendments. Any and all changes to this Agreement may be enacted by written amendment or addendum properly executed by the appropriate representative of each party. The Corpus Christi City Manager is authorized to execute, on behalf of the City of Corpus Christi, amendments which do not change the substance of this Agreement. X. 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. XI. 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 any of the parties to this Agreement, or their officers, employees, representatives, and agents as a result of the execution of this Agreement and the performance hereunder. XII. Civil Liability to Third Parties. Each party shall be responsible for any civil liability for its own actions under this Agreement, and shall determine what level, if any, of insurance or self- insurance it should maintain for such situations. XIII. Appropriation of Funds. Performance of each party is subject to the ability of the parties to provide or pay for the services required under this Agreement. The parties acknowledge any payments made pursuant to the terms of this Agreement shall be made from current revenues available to the paying party, and any future payments are subject to appropriations. XIV. Neither party may assign nor subcontract the Agreement without the prior written consent of the other party. NOW THEREFORE, this Interlocal Agreement is entered into by and between the City of Corpus Christi and The University of Texas Marine Science Institute. This Agreement takes effect on date of last signature. CITY OF CORPUS CHRISTI THE UNIVERSITY OF TEXAS i By W p~no~ei Escobar Tit e '~ GI..YI Ag4.fr' Date ~~ ~ (~ ~ I ,e3 Attest: rrwn © 'fy secrc A roved as to form: 0 pp AT AUSTIN (MA E~SCIENCE INSTITUTE) By ~ Title: Business Contracts Administrator Date o2 ~a 6 - I D Attest: W~ Approved as to form: ,~--v2-(p -' , 2010 Lisa Aguilar,~kistant City Atto y g~O~ Lee Smith, Attorney for for City Attorney ....,... AUTHORI~e University of Texas at Austin QY COtlNCII ( O SF~~tET'ARIr ~i . H:\LEG-DIR\Lisa\2010 Park\Interlocal Agreement Turtle Patrol-R (final).doc