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Home My WebLink AboutC2010-243 - 8/17/2010 - ApprovedINTERLOCAL AGREEMENT FOR LED LIGHTING OF ORION'S BELT SCULPTURE ON CORPUS CHRISTI BAYFRONT This fnterlocal Agreement is entered into by and between the City of Corpus Christi, Texas ("City") and the Corpus Christi Downtown Management District ("DMD"}. Recitals NOW, THEREFORE in consideration of the mutual covenants in this Agreement, the participating local governments {the "Parties"), authorized by appropriate actions of their governing bodies, hereby agree as follows: 1. Purpose. The purpose of this Agreement is to install LED lighting for the Orion's Belt sculpture on the Corpus Christi Bayfront. 2. Scope of Services. The services to_be performed by.the_City.and.-DMD are_outlined..-.-..-..........- in Exhibit A, which is attached to and incorporated into this Agreement. 3. Implementation. The City Manager and Executive Director are authorized and directed to take ail steps necessary or convenient to implement this Agreement, and shall cooperate in developing a plan for the implementation of the activities provided for in this Agreement. 4. Participation Notice. Each Party shall notify the other Parties its participation in this Agreement by furnishing an executed original of the attached Participation Notice. 5. Warranty. The Agreement has been officially authorized by the governing body of each Party, and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind their respective Party to this Agreement. 6. Administrative Services. The City agrees to provide administrative services necessary to coordinate this Agreement, including providing Parties with a current list of contact information for each Party. 7. Federal and State Participation. Federal and state entities and other local governments may participate in this Agreement, to the extent of any limitations of their authority, by furnishing an executed original of the attached Participation Notice to the City. 8. Expending Funds. Each Party which performs services under this Agreement will do so with funds available from current revenues of the Party. No Party shall have any liability for the failure to expend funds to provide aid under this Agreement. 2014-243 Res. 02$71.5 08/17/10 orlon --os~ ~20~ o.do~ CC Downtown Mngmt. Distr. ~~~~ 9. Term of Agreement. a. This Agreement shall become effective as to each Party when approved and executed by that Party. b. Once approved by all Parties, this Agreement shall be for a term of one year, and shall be automatically renewed annually, unless any party its participation by giving written notice to the other parties at least sixty days before the end of each annual term. c. Termination of participation in this Agreement by any Party does not affect the continued operation of this Agreement between and among the remaining Parties, and this Agreement shall continue in force and remain binding on the remaining Parties. 10. Oral and Written Agreements. All oral or written agreements between the parties relating to the subject matter of this Agreement, which were developed prior to the execution of this Agreement, have been reduced to writing and are contained in this Agreement. 11. Entire Agreement. This Agreement, including Attachments, represents the entire Agreement between the Parties and supersedes any and all prior agreements between the parties, whether written or oral, relating to the subject of this agreement. 12. Interlocal Cooperation Act. The Parties agree that activities contemplated by this Agreement are "governmental functions and services" and that the Parties are "local governments" as that term is defined in the Interlocal Coopers#ion Act. 13. Severability. If any provision of this Agreement is held invalid for any reason, the invalidity does not affect other provisions of the Agreement, which can be given effect without the invalid provision. To this end the remaining provisions of this Agreement are severable and continue in full force and effect. 14. Validity and Enforceability. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement continue in full force and effect. 15. 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. 16. Immunity not Waived. Nothing in this Agreement is intended, nor may it be deemed, #o waive any governmental, official, or other immunity or defense of any of the Parties or their officers, employees, representatives, and agents as a result of the execution of this Agreement and the performance of the covenants contained in this Agreement. INTERLOCALAGREEMENT -- DMD Orion --08112010.doc 17. Civil Liability to Third Parties. Each Responding Party will be responsible for any civil liability for its own actions under this Agreement, and will determine what level, if any, of insurance orself-insurance it should maintain for such situations. 18. No Liability of Parties to One Another. One Party may not be responsible and is not civilly liable to another for not responding, or for responding a# a particular level of resources or in a particular manner. Each Party to this Agreement waives all claims against the other Parties to this Agreement for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement, except those caused in whole or in part by the negligence of an officer, employee, or agent of another Party. 19. Notices. a. Notices under this agreement may be delivered by mail as follows: City: City of Corpus Christi Attn: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 DMD: Corpus Christi Downtown Management District Attn: Executive Director 223 N. Chaparral St. Corpus Christi, TX 78401 b. The parties to #his agreement may specify to the other party in writing. 20. Amendments to Agreement. a. This Agreement may not be amended except by written agreement approved by the governing bodies of the Parties. b. No officer or employee of any of the Parties may waive or otherwise modify the limitations in this Agreement, without the express action of the governing body of the Party. 21. Captions. Captions to provisions of this Agreement are for convenience and shall not be considered in the interpretation of the provisions. 22. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under this Agreement shall be in accordance with the Texas Rules of Civif Procedure. INTERLQCALAGREEMENT -- DMD Orion --08112010.doc PARTICIPATION NOTICE hereby notify the Parties that the City of Corpus Christi City Council has approved participation in the Interlocal Agreement for LED lighting of the Orion's Belt sculpture on the Corpus Christi Bayfront, by lawful action of its governing body, a true copy of which is attached and incorporated in this Agreement. ~;:~f/i~ 'Ang .Escobar City anager 1'~ D Date • ~~~ 7« I~i11'##ORI~k1~ ~ ctrrar~c~~ ~ ~~7 I~' iNTERLOCALAGREEMENT -- DMD Orion --08112010.doc PARTICIPATION NOTICE I hereby notify the Parties that the Board of Directors, Corpus Christi Downtown Management District, has approved participation in the Interlocal Agreement for LED lighting of the Orion's Belt sculpture on the Corpus Christi Bayfront, by (awful action of its governing body, a true copy of which is attached and incorporated in this Agreement. / ~° _ ~~/~-/1 Gf c' John idaurri Date Exe five Director WTERLOCALAGREEMENT -- DMD Orion --08112010.doc EXHIBIT A This exhibit details the services to be performed by the City of Corpus Christi ("City") and Corpus Christi Downtown Management District ("DMD") to provide LED lighting of the Orion's Belt sculpture on the Corpus Christi Bayfront. The City will provide up to $24,755.00 toward the project. DMD will obtain in-kind contribution of equipment, supplies, and service valued at $24,985 toward the project. DMD will contract with Naismith Engineering for project management, who will in turn subcontract with other contributors. The City will be responsible for the power necessary to light the sculpture. Service City Match DMD Match Value Spectrum Lighting will provide all the equipment and fnctiues $16,500.DD $1 D,DOO.DO $26,5DD.DD NRG Engineering Corfor design $4,755.00 $0.00 $4,755.00 FSG Elediical Conhac~orinstallation $0.00 $4,500.00 $4,500.00 AEP providing power to the site $0.00 $5,DOD.00 $5, 000.00 Naismith Engineering services for project (15 hrs JAM 22 hrs TKO) $0.00 $5,485.00 $5,485.D0 Lighting Foundation $2,OOO.DO $0.00 $2,000.00 Contingency $1,500.00 $0.00 $1,500.00 Tota! Project Costs $24,755.00 $24,985.00 $49,740.DD INTERLOCALAGREEMENT -- DMD Orion --08112010.doc