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INTERLOCAL AGREEMENT BETWEEN
THE CITY OF CORPUS CHRISTI AND
TEXAS A &M UNIVERSITY- KINGSVILLE
REGARDING O. N. STEVENS WATER TREATMENT PLANT
THIS INTERLOCAL AGREEMENT, hereinafter referred to as "the Agreement ", is made by
and between the City of Corpus Christi (hereinafter referred to by name or as "the City "), a
home rule city, and Texas A &M University - Kingsville (hereinafter referred to by name or as
"TAMU -K "), pursuant to Chapter 791 of the Texas Government Code.
ARTICLE 1. - CONTRACT TERM.
This Agreement is for a term of six months. The effective date of this Agreement is
defined as the latest date of signature on this Agreement by the City and TAMU -K. Upon
written agreement of the City Manager and authorized representative of TAMU -K, this
Agreement shall be renewed for additional six - month. At least sixty days prior to the end
of each term, the parties agree to meet to review the services provided and received under
this Agreement, and request as necessary any amendments to accomplish each party's
respective goals.
ARTICLE 2. — PURPOSE.
The purpose of this Agreement is to allow supervised students from the TAMU -K
environmental engineering program to evaluate existing City processes at the O. N.
Stevens Water Treatment Plant for sludge extraction process and also provide options for
sludge handling and disposal. The students will be doing a mixture of field and office work.
They will be taking photos, and possibly conduct surveying type activities. If any type of
physical /chemical sampling is required, City staff will perform the work as students
observe.
ARTICLE 3. AUTHORIZED REPRESENTATIVES.
Each party to this Agreement shall designate one or more employees ( "Authorized
Representatives ") who shall be the point of contact for this Agreement.
ARTICLE 4. — COSTS.
Each party shall be responsible for its respective costs to accomplish the purpose of this
Agreement. City has no responsibility for payment of any funds under this Agreement.
ARTICLE 5 — INSURANCE.
Prior to beginning performance under this agreement, TAMU -K shall provide the insurance
required in Exhibit A.
ARTICLE 6. - ADDITIONAL REQUIREMENTS AND RESTRICTIONS.
The City reserves the right to require criminal background investigations for the TAMU -K
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students and representatives prior to providing access to City facilities. TAMU -K shall
present a completed waiver, which is attached as Exhibit, for each student participant
under this Agreement. TAMU -K students, supervising professor, and representatives shall
participate in City safety training programs and comply with all applicable City safety
policies.
ARTICLE 7. NON- DISCLOSURE OF CITY RECORDS. Neither TAMU -K, its employees,
nor any of the TAMU -K students participating under this Agreement shall release or
disclose to the public, or any third party, any records or information of the City provided
under this Agreement
ARTICLE 8. — ANTICIPATED DELIVERABLES.
TAMU -K students shall complete and deliver their recommendations to the City Director of
Water Operations in the form of a written report at the end of the Fall 2012 semester.
ARTICLE 9 — TERMINATION.
This Agreement may be terminated by any of the following occurrences:
A. By mutual agreement and consent in writing by both parties;
B. By either party upon thirty (30) days written notice to the other party;
C. By either party upon the failure of the other party to fulfill its obligations as set forth
in this Agreement.
ARTICLE 10. —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.
ARTICLE 11. — ASSIGNMENT.
Neither party shall assign, sublet or transfer its interests in this Agreement without the prior
written consent of the other party.
ARTICLE 12. — NOTICES.
All notices from either party to the other required under this Agreement shall be personally
delivered or mailed to such party at the following address:
For the City: City of Corpus Christi
Attn: Director of Water Operations
P. O. Box 9277
Corpus Christi, Texas 78469 -9277
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For TAMU -K: Texas A &M University at Kingsville
Attn: Dr. Shane Creel
Director of Risk Management
133 Lewis Hall
Kingsville, Texas 78363
ARTICLE 13. - DUPLICATE ORIGINALS.
The parties to this Agreement have signed duplicate original counterparts.
ARTICLE 14. - APPROPRIATION OF FUNDS.
The City and TAMU -K agree that the performance of each is subject to the ability of the
parties to provide or pay for the services required under this Agreement. The City and
TAMU -K acknowledge that this Agreement between them is entered into in accordance
with the Interlocal Cooperation Act, Chapter 791, Texas Government Code. In accordance
with said Act, the parties hereto acknowledge that 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.
WHEREAS, the City of Corpus Christi and Texas A &M University - Kingsville agree to
the terms as set forth above, this Agreement shall be effective upon full execution of the
Agreement by the proper authorities of each entity, after approval by the governing bodies
of such entities.
AGREED TO BY:
CITY OF CORPUS CHRISTI
By: -'Z a,
Ronald L. Olson, City Manager
Date: ] 1 ` �k- - 1 --�-
Attest:
By:
Armando Chapa, City Secretary
TEXAS A &M UNIVERSITY — KINGSVILLE
By:
Name: Dr. Shane Creel
Title: Director, Risk Management
�U�i% I &A
SEt'11R�'
Date: /Z' r-Z
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EXIBIT A
INSURANCE REOUIREMENTS
I. TAMU -K'S LIABILITY INSURANCE
A. TAMU -K Environmental Engineering students shall not be allowed to evaluate existing City
processes at the O. N. Stevens Water Treatment Plant sludge extraction process and also provide
options for sludge handling and disposal under this agreement until all insurance required herein has
been obtained and approved by the City's Risk Manager or designee.
B. TAMU -K shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance,
with applicable policy endorsements showing the following minimum coverage by an insurance
company(s), or an official letter of Self - Insurance indicating governmental immunity and limited
liability protection through the Texas Tort Claims Act.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 -Day Notice of Cancellation required on all
Bodily injury and Property Damage
certificates or policy endorsement(s), if policies
per Occurrence 1 aggregate
purchased from commercial carrier.
GENERAL LIABILITY
$250,000 for each person
( Purchased from Commercial Carrier or
$500,000 for each single occurrence for BI or Death.
through Self Insurance).
$100,000 for each single occurrence for injury or
destruction of property.
AUTOMOBILE LIABILITY
$100,000 Combined Single Limit
( Purchased from Commercial Carrier or
through Self Insurance).
1. Hired & Non -owned
WORKERS' COMPENSATION
( Purchased from Commercial Carrier or
through Self Insurance).
WHICH COMPLIES WITH THE TEXAS WORKERS'
COMPENSATION ACT.
C. In the event of accidents of any kind related to this project, TAMU -K shall furnish the Risk Manager
with copies of all reports of such accidents within ten (10) days of the accident.
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EXHIBIT B
REQUEST AND WAIVER OF LIABILITY FORM TO BE EXECUTED BY TAMU -K
ENGINEERING STUDENT
In signing this form, I
understand and agree to the following:
am requesting permission to access facilities at the O. N. Water Treatment Plant for my
participation in an engineering project under supervision of Texas A &M University at
Kingsville.
I acknowledge that the Interlocal Agreement executed between the City of Corpus Christi
and TAMU -K includes requirements for criminal background investigations, and prohibits
disclosure of City records. I authorize the City of Corpus Christi to conduct such criminal
background investigation and I consent for individuals and organizations to provide
accurate and complete responses to the City of Corpus Christi background investigation.
understand that unauthorized access to City property and unauthorized disclosure of City
records and data are strictly prohibited. I acknowledge that unauthorized access to City
property or unauthorized disclosure of City records may subject me to civil and criminal
penalties.
I fully understand that I am not an employee of the City of Corpus Christi. I agree to abide
by policies of the City (including but not limited to safety policies) and all applicable
statutes and ordinances. I agree to wear safety equipment as directed by City staff and
City safety training coordinator.
know and realize that my participation in the engineering project may involve exposure to
certain risks. I may also be around in fact make use of certain equipment. If any activity
presents risks that I do not want to take, it is my responsibility to state that concern and
make a decision not to engage in that activity. I hereby personally accept and assume
all risk and responsibility for any harm, injury, or damage that may befall me while I
am on City property. I further agree to indemnify and hold harmless the City of
Corpus Christi from any lawsuit by me, or my family, heirs, or assigns, arising
because of my presence on City owned property or my participation in the
engineering project.
I agree to RELEASE AND FOREVER DISCHARGE the City of Corpus Christi and its
elected officers, employees, officials, and agents, from any and all claims, suits, liability,
demands or causes of action on account of personal injury, death, or property damage,
incurred by me or a third party, that may arise from or in connection of my participation in
the engineering project or my presence on City property. In executing this document, I am
expressly binding myself, my heirs, executors, administrators, and assigns by the terms of
this release for any claim or cause of action of any kind that may arise as a result of my
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work, whether caused by a negligent, grossly negligent, or reckless act of the City of
Corpus Christi, or its employees, elected officers, officials, agents, or caused by the use of
any tangible personal property or equipment.
IN SIGNING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT I have read it,
understand it, and sign it voluntarily as my own free act and deed; no oral representations,
statements or inducements, have been made; and 1 execute this Release for full, adequate
and complete consideration, fully intending to be bound by the same.
Signed by:
Printed Name:
Address:
TDL #:
Emergency Contact information:
Date: