HomeMy WebLinkAboutC2011-482 - 12/13/2011 - ApprovedAGREEMENT
fAGREEMENT (the "Agreement ") is made and entered this 1 3 T' day of
(the "Effective Date "), by and between the CITY OF CORPUS CHRISTI.
( "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 provide services necessary to plan and
implement a wetland restoration project through GLO Contract 12 -146 -000 -4836 for Coastal
Management Program Cycle 16, located on the 162 -acre Oso Bay Learning Center and
Wetland Preserve bordering Oso Parkway, between Holly Rd. and Williams Dr. in Nueces
County. The CONTRACTOR shall develop, implement and monitor wetland restoration
activities. CBBEP will reimburse the CONTRACTOR for the expenses occurred while
developing, implementing, and monitoring wetland restoration for the agreed amount (see
CBBEP PAYMENT). CONTRACTOR must furnish a written final report to CBBEP upon final
payment for reimbursable services. .
NOW THEREFORE, CBBEP and CONTRACTOR, intending to be and being legally
bound, do hereby agree as follows:
1. CONTRACTOR OBLIGATIONS CONTRACTOR shall develop, implement and monitor
wetland restoration activities at the Oso Bay Learning Center and Wetland Preserve. The
CONTRACTOR is not obligated to perform any other actions.
2. CBBEP PAYMENT. CBBEP agrees to pay Twenty Thousand and No /OOO Dollars
($20,000.00) for the engineered plans and specifications, and permits and clearances as
described in paragraph L
3. AGREEMENT TERM The term of this agreement begins upon execution of this Agreement,
and shall terminate 365 days from execution, unless terminated early in accordance with the
terms of this Agreement.
4. INSURANCE REQUIREMENTS CONTRACTOR must certify the minimum insurance
coverage and provide proof of insurance upon request by CBBEP.
5. INDEMNIFICATION. TO THE EXTENT AUTHORIZED BY LAW, CONTRACTOR HEREBY
BINDS HIMSELF, ALL SUCCESSORS, ASSIGNS, AGENTS, AND LICENSEES TO
INDEMNIFY AND HOLD HARMLESS CBBEP FROM AND AGAINST ANY AND ALL
CLAIMS, ACTIONS, CAUSES OF ACTION, DEMANDS, LIABILITIES, COSTS, LOSSES,
EXPENSES, AND DAMAGES, IN CONTRACT, STRICT LIABILITY, OR IN TORT, FOR
INJURY TO ANY PERSON (INCLUDING DEATH) OR DAMAGE TO ANY PROPERTY
ARISING OUT OF OR IN ANY WAY CONNECTED WITH IMPLEMENTATION OF THIS
AGREEMENT, WHERE SUCH INJURY OR DAMAGE IS CAUSED BY THE SOLE, JOINT,
CONCURRENT, CONTRIBUTING OR COMPARATIVE NEGLIGENCE OR FAULT OF
CBBEP, ITS AGENTS OR EMPLOYEES.
6. 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.
2011 -482 INATION.
12/13/111 the event
M201.1 -277
Coastal Send Bays and Estuaries
of CONTRACTOR's failure to perform the services as
INDEXED
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, CONTRACTOR shall be paid only for goods and services provided and
necessary expenses incurred prior to termination.
8. 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
therof, 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:
If to CONTRACTOR:
Coastal Bend Bays & Estuaries Program
Attn: Jake Herring
1305 N. Shoreline Blvd, Suite 205
Corpus Christi, TX 78401
Telephone: (361) 885 -6202 Facsimile: (361) 881 -5168
City of Corpus Christi
Attn: Reba George
P.O. Box 9277
Corpus Christi, TX 78469
Telephone: (361) 826 -3466
Facsimile: (361) 826 -3864
9. ENTIRE AGREEMENT. This Agreement and attachments constitute 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- profit corporation u r the laws of the State of Texas
By: Date
Name: RaU n
�Za I'aBHORI�E Title: Executive Director
� rZ l3 c
rat+Ot� CONTRACTOR
RMUT AV By: Date
Name: Ronald L. Olson
Title: City Manager