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Home My WebLink AboutC2014-149 - 5/22/2014 - NA FY 2014 Work Plan and Budget Water Planning, Protection, Development, and Data Management Services Provided by Nueces River Authority to City of Corpus Christi Amendment#1 This Contract and Agreement, made and entered on September 18, 2013, is hereby amended as follows: 1. Contract Expiration Date The contract will be extended from July 31, 2014 to September 30, 2014 to coincide with the City of Corpus Christi's revised fiscal year, passed by the City Council at their January 21, 2014 meeting. 2. Basic Services Billing NRA will invoice the City for its"Basic Services"on a quarterly basis, through July 31, 2014, at the fixed rate of$8,333 per month for salaries, fringe benefits, overhead, equipment, supplies and computer use, and travel. The final invoice will be for the two month extension period, August and September 2014. All other terms and conditions of the FY 2014 Work Plan and Budget are unchanged and remain in effect. Nueces River Authority 2 Approvals Approval by NRA: This FY 2014 work plan workplan Amendment#1 is acceptable to NRA and is hereby approved under terms of the Interlocal Agreement between the City and the NRA(City of Corpus Christi Resolution Number 026340 dated 7-12-05). c-1Z JL Qu2 05/09/020111 Rocky Freund I Date Deputy Executive Director Approval by the City: This FY 2014 work plan Amendment#1 is acceptable to the City and is hereby approved under terms of the Interlocal Agree -• .- • een the City and NRA(City of Corpus Christi Resolution Number 026340 dated 7-12-05). t, _.1 -2 ix' Rona d L. G son Date C' anager ArLiewA. 21 Gustavo Gonzalez, .E. Date Assistant City Ma :ger for Public Works and Utilities Sli zia•0/5< Willis . Green,P.E. Date Interim Head,Environmental and Strategic Initiatives 5 / 9- Barney L. Knight Date Interim City Attorney 1 ' , s ■ FY 2014 Work Plan and Budget Water Planning, Protection, Development,and Data Management Services Provided by Nueces River Authority to City of Corpus Christi During the Period of August 1, 2013 through July 31, 2014 FY 2014 Work Plan BASIC SERVICES All NRA services will be provid ecl on a best effort basis within the scope of work and budget provided, herein. Regional and Inter-regional Coordination and Resource Development and Protection • NRA staff will monitor regional and inter-regional water resource issues and keep the City informed on matters that may affect the City's water supplies or conveyance facilities. • NRA will with prior approval from the City and before discussion with other agencies,attend meetings as appropriate with other water providers and users throughout the South Texas area to assess and promote opportunities to enhance the City's water supplies and derive economic benefits from its investments in water purchases, water rights and water conveyance facilities within guidelines and direction established by City staff. Such services will include actively developing ideas for consideration by City staff to enhance these water supplies and economic benefits. • NRA will assist City staff in establishing a long-term plan to provide a dependable,affordable water supply for the City's service area. Activities will include, with City staff concurrence and direction, interacting with state and federal agencies, elected officials, and environmental interests. • NRA will monitor legislative changes and administrative rulemakings that could affect the City's water resources,provide timely advice to the City concerning same,and assist in providing information on these issues to legislators and other key officials. These services will be provided in close consultation with the City's staff and outside legal counsel. • NRA will monitor and support the City in evaluating and responding to existing and proposed Edwards Aquifer recharge structures. • NRA will monitor water marketing proposals in the region. • NRA will monitor groundv rater district planning as it may impact on the City's and NRA's surface water rights in the Nueces 13asin. • Selection and use of consultants will be coordinated with and agreed upon by the City and NRA. Monitor, Investigate and Coordinate Water Rights,Water Quality and Environmental Issues • NRA will assist the City in monitoring, investigating and coordinating activities on environmental issues related to watershed protection such as drinking water source protection, freshwater inflows for bays and estuaries, and opportunities for beneficial re-use of wastewater effluents. • NRA staff will assist the City in protecting City and NRA water rights by forwarding to the City any public notices it receives regarding applications for new or amended water rights permits. Regional Water Management NRA will continue to: • Maintain a website and provide support for: • Choke Canyon/Lake Corpus Christi Reservoir System Daily Pass-Thru Status Report http://www.nucces-ra.orutCPCITY/passthrui ; • Choke Canyon/Lake Corpus Christi Reservoir System Daily and Monthly Statistics database and WebPages http://www.nueces-ra.orgiCP/C'ITY/montlutit) p http://www.nueces-ra.org!CP/CITYlday.php; • Choke Canyon/Lake Corpus Christi Reservoir System. Mary Rhodes Memorial Pipeline, water usages summaries http://www.nucces-ra.orgICP/CITY/pipeline.php • Water Quality at O. N. Stevens Water"Treatment Plant http:-1www.nueces-ra.ojg,;C'P-CITYsteven 'index.php • Rincon Pump Real-Time Data http://www.nueces-ra.org/CP/CITY/stevens/rincon • Create the Effluent Monitoring Report in August for the previous calendar year. • Create the Summary Reports for Reservoir Statistics, Passthru Statistics. and Water Use. • Maintain the Valero Discharge Database and provide reports. • Provide technical assistance with web applications to provide information on the City's water system to the City's customers and the public. • Provide technical assistance with website design, modification, and implementation of report(s) for internal use by the City Water Department Note: All web-based work will he coordinated with the City's Water and E-Government Departments, to ensure content or links are appropriate and comply with city policies. 3 Outreach • Give presentations on water issues relevant to the Nueces and adjoining coastal basins. • Attend Water Advisory Committee meetings and assist with implementation of ideas as requested. • Provide briefings, as req'ested, to the City Manager, the City Council, Port Industries, and other boards on water quality and water supply issues of the area, including the Lower Nueces River Watershed Protection Plan and regional water planning. Other Services In addition to the basic services described above, NRA will provide additional services if requested by the City. Projects will be designed using City specifications. Separate scopes of work and budgets will be developed in consultation with the City. All work will stop, and be deemed completed, if the finally approved budget is reached unless the City chooses to amend the budget and extend the work. Reporting • NRA will provide a summary of all work performed with each invoice. • NRA will provide a yearly summary of all work performed during the fiscal year. Basic Services Billing NRA will invoice the City for its"Basic Services"on a quarterly basis, at the fixed rate of$8,333 per month for salaries, fringe benefits,overheed,equipment, supplies and computer use, and travel. NBA's expenses related to"Other Services",except for subcontractor fees,will be added to each quarterly invoice. Subcontractor fees, if any, will be billed monthly. Payment Payment is due upon receipt of an invoice. Payments should be made to: Nueces River Authority P.O. Box 349 Uvalde,Texas 78802-0349 Effective Date: This Work Plan and Budget is effective August 1, 2013. 4 Approvals Approval by NRA: This FY 2014 work plan and budget is acceptable to NRA and is hereby approved under terms of the Interlocal Agreement between the City and the NRA(City of Corpus Christi Resolution Number 026340 dated 7-12-05). 7-4,.[L,, A.. 'tLt�Lim, j' .;t Rocky FreunK Date Deputy Executive Director Approval by the City: This FY 2014 work plan and budget is acceptable to the City and is hereby approved under terms of the Interlocal Agreement bet • the City and NRA(City of Corpus Christi Resolution Number 026340 dated 7-12-05). 4„,„ f Ad Ronald Clip " Date City Manage Mark Van Vleck Date Interim Assistant City M, alter for Public Works and Utilit' 0W- ' igmaria Gustavo G nzalez, P.E. Date Director o Water Opera ions•( 1I / Carlos Valdez di Date City Attorney ATM". • ,• �. ARMANDO CHAPA • CITY JECA£TAR, 2^ 2) krAUinunisL. 61 CORM — »..._..._.SFt'!ETAARR`'j�-'' INTERLOCAL AGREEMENT FOR REGIONAL WATER PLANNING, PROTECTION, AND DEVELOPMENT SERVICES This Interlocal Agreement is entered into by and between the City of Corpus Christi, Texas ("City"), a Texas home rule municipal corporation, and the Nueces River Authority "NRA"), a conservation and reclamation district created pursuant to Article XVI, Section 59 of the Texas Constitution, and the laws of Texas, particularly Water Code Auxiliary Laws, Article 8280-115, as amended. WHEREAS, the City and NRA have historically cooperated in projects for the benefit of citizens within their overlapping boundaries, including joint ownership of water rights related to the Choke Canyon Reservoir, the construction of the Mary Rhodes Pipeline from Lake Texana to Corpus Christi, the Garwood water rights acquisition and other regional water development projects; and WHEREAS, the City and NRA are presently cooperating in regional water planning activities under Senate Bill 1 through the Interlocal Agreement for Regional Water Planning Activities; and WHEREAS, the City and NRA wish to engage in the additional cooperative activities. 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 ensure the continuation of the long term cooperative efforts of the City and NRA to develop and protect water resources in the Nueces River basin and Coastal Bend region, and to enhance current and future regional water planning, protection, and development through the cooperative efforts of the City and NRA. 2 Scope of Services. a. The specific services to be performed by the NRA and fee schedule for those services are set forth in a separate annual workplan and budget. b. NRA shall meet with representatives of the City each year prior to the initiation of the City's budget preparation process to develop a specific work plan and budget for the upcoming fiscal year. The annual work plan and budget, as approved by the City Council during the budget process, shall establish payments by the City to NRA for that year. c. NRA shall report its activities under this Agreement to the City's Director of Water Operations through monthly briefings and written quarterly reports. NRA shall provide written reports and oral presentation on activities under this Agreement to the City Council as requested. 2005-396 07/12/05 1 Res026340 R.1 3 Other Agreements, Supplementary Agreements, and Protocols. The Parties are encouraged to enter into additional agreements and protocols governing regional water planning. protection, and development services. 4 implementation. The City Manager and Executive Director are authorized and directed to take all steps necessary or convenient to implement this Agreement and the annual workplan and budget. They shall cooperate in developing a plan for the implementation of the activities provided for in this Agreement. 5 Participation Notice. Each Party shall notify the other Party of its participation in this Agreement by furnishing an executed original of the attached Participation Notice. 6 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. 7 Administrative Services. NRA agrees to provide administrative services necessary to coordinate this Agreement, including providing Parties with a current list of contact information for each Party. 8 Expending Funds. Each Party that 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. 9 Term of Agreement. a. This Agreement becomes effective as to each Party when approved and executed by that Party. b. Once approved by all Parties, the term of this Agreement is for one year, and shall be automatically renewed annually, unless any party withdraws its participation by giving written notice to the other party at least sixty days before the end of each annual term. 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 Cooperation Act, Chapter 791, Texas Government Code. R53804A3 doc 2 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, to 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. 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 or self-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 the other Party. Each Party to this Agreement waives all claims against the other Party to this Agreement for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement. 19. Notices. 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 NRA: Nueces River Authority Attn: Executive Director P.O. Box 349 Uvalde, Texas 78802-0349 20. Amendments to Agreement. a. This Agreement may not be amended except by written agreement approved by the governing bodies of the Parties. R53804A3.doc 3 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. c. The governing bodies may, but are not required to, specifically approve the adoption of the annual workplan and budget. 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 under the Texas Rules of Civil Procedure. R53804A3-doc 4 PARTICIPATION NOTICE I hereby notify the Parties that City of Corpus Christi has approved participation in the Interlocal Agreement for Regional Water Planning, Protection, and Development Services, by lawful.action of its governing body, a true copy of which is attached and incorporated in this Agreement. Geo - oe Date City - •ager Attest: Approved as to form: Armando Chapa R. JayR99'fiing City Secretary First Assistant City Attorney For City Attorney n AA;,MAW-. 1Y t'AOCII..,,,_._ - � R53804A3.dac 5 PARTICIPATION NOTICE hereby notify the Parties that the Nueces River Authority has approved participation in the Interlocal Agreement for Regional Water Planning, Protection, and Development Services. by lawful action of its governing body, a true copy of which is attached and incorporated in this Agreement. JA_ 8-ii-0‘ Con Mims Date Executive Director R53804A3 doc 6 Z RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH THE NUECES RIVER AUTHORITY FOR REGIONAL WATER PLANNING, PROTECTION, AND DEVELOPMENT SERVICES NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager is authorized to execute an interlocal cooperation agreement with the Nueces River Authority for regional water planning, protection, and development services. SECTION 2. The City Manager is authorized to make editorial and non-substantive modifications and execute amendments to the interlocal cooperation agreement without the further approval of the City Council that do not require the appropriation of additional funds or exceed the City Managers authority to amend contracts, including, but not limited to, time extensions, modifications to schedule, modifications in scope of work, and any changes dictated by entities providing grant funding for the project. ATTEST: THE ITY OF CO-P S CHRI TI A-art.4114L4 Arlidladigla Armando Chapa H=my Garre City Secretary Mayor APPROVED: 27th day of June, 2005. ning First Assistant City Attorney For City Attorney R5380481.dac 1 026 340 Y • Corpus Ch i ti, Texas of \ , 2005 The above resolution was pas d by the following vote: Henry Garrett I Brent Chesney 1 Melody Cooper afrzivk Jerry Garcia Bill Kelly Rex A. Kinnison V John Marez 14! I Jesse Noyola v. Mark Scott /'1 R53804B1.doc 026340 2 FY 2014 Work Plan and Budget Water Planning, Protection, Development, and Data Management Services Provided by Nueces River Authority to City of Corpus Christi Amendment#1 This Contract and Agreement, made and entered on September 18, 2013, is hereby amended as follows: 1. Contract Expiration Date The contract will be extended from July 31, 2014 to September 30, 2014 to coincide with the City of Corpus Christi's revised fiscal year,passed by the City Council at their January 21, 2014 meeting. 2. Basic Services Billing NRA will invoice the City for its"Basic Services" on a quarterly basis, through July 31, 2014, at the fixed rate of$8,333 per month for salaries, fringe benefits, overhead, equipment, supplies and computer use, and travel. The final invoice will be for the two month extension period, August and September 2014. All other terms and conditions of the FY 2014 Work Plan and Budget are unchanged and remain in effect. 2 Approvals Approval by NRA: This FY 2014 work plan workplan Amendment#1 is acceptable to NRA and is hereby approved under terms of the Interlocal Agreement between the City and the NRA(City of Corpus Christi Resolution Number 026340 dated 7-12-05). ►cam !{ „(-„J 4S /01 /c" 1 Rocky Freu Date Deputy Executive Director Approval by the City: This FY 2014 work plan Amendment#1 is acceptable to the City and is hereby approved under terms of the Interlocal Agr-- - ,: ween the _. and NRA(City of Corpus Christi Resolution Number 026340 dated 7-12A). r I Ot7A / -4 1 /Y Ro a d L. b 1" Date 4 Cit k I . %.1 ter ° ■ dj 2l. (Li Gustavo onzalez, '.E. Date City Mana,:er for Public Works and Utilities Willia J. Green,P.E. Date Interim Head,Environmental and Strategic Initiatives 1 Barney L. Knight Date Interim City Attorney