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HomeMy WebLinkAboutO-2002-2547-A Requested By: UNCIL AGENDA ITEM Agenda Date Requested: October 14 2002 Appropriation Stephen Barr urce of Funds: Sylvan Beach Escrow Fund Department: Account Number: 001-0000-202-0623 Report: Resolution: Ordinance: X Amount Budgeted: -0- Exhibits: Orrlin::mr.p. AW::lreling Riel Amount Requested: $12,750 Exhibits: Coastal Cooperation AQreement Budgeted Item: YES NO Exhibits: Letter from Harris County SUMMARY & RECOMMENDATION In April of 2002 the City Council approved a Project Cooperation Agreement with the Texas General Land Office to study the erosion problems at Sylvan Beach Park and make a recommendation as to remediation. As discussed in the previous item, that portion of the project is complete and the Texas General Land Office is ready to begin final design and permitting of the project. The amendment to the agreement approved in April will add an additional $85,000 to the existing agreement to fund the permitting process through the U.S. Army Corps of Engineers, develop the final design for the project, and complete the bidding process. The TGLO will provide $72,250, or 85% of the addtional estimated cost of the project. The City will contribute $12,750, or 15% of the total estimated cost of the project. Sylvan Beach Park is Harris County property. Harris County has agreed to participate in the project and an agreement is being drawn up to be presented to Council that will reimburse the City for % of its match, or $6,375. Participation in this project does not obligate either the City or Harris County to any future activity regarding actual construction of the project. The City and Harris County jointly constructed and have operated Sylvan Beach Fishing Pier since 1995. There are funds set aside in the Sylvan Beach Pier Escrow Fund to cover the cost of rebuilding the pier, should it become necessary, as well as additional funds that could be used to fund the City's share of this Project Cooperation Agreement. The balance of funds in this account, over the amount required for pier replacement, is expected to be approximately $43,000 at year-end. Staff Recommendation: Staff recommends that Council consider approval of the proposed Project Cooperation Agreement between the Texas General Land Office and the City of La Porte, with $12,750 for the City's share to be funded from the Pier Revenue Escrow fund. Action Required by Council: Consider approval of the Project Cooperation Agreement Amendment as described above. Availability of Funds: General Fund Water/Wastewater _ Capital Improvement _ General Revenue Sharing --2L Escrow Funds N/A Account Number: 001-0000-202-0623 Funds Available: XX YES NO Approved for City Council Aaenda ns, Acting City Manager /1~-Z Date ORDINANCE NO. 2002- ~5tf'7~A AN ORDINANCE AUTHORIZING AND APPROVING AN AMENDMENT TO THE PROJECT COOPERATION AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE TEXAS GENERAL LAND OFFICE, APPROVED APRIL 15, 2002, REGARDING SYLVAN BEACH SHORELINE EROSION REMEDIATION; APPROPRIATING $12,750.00 TO FUND SAID AGREEMENT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that \. a sufficient written notice of the date, hour, place, and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves, and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 14TH day of October 2002. CITY OF LA PORTE ~:&~~ No an L. Malone, . Mayor ATTEST: lJl!1iHbJli~ Mart a Gillett, City Secretary ) 'X~)'li U. Knox W. Askins, City Attorney ( APPROVED AS TO FORM: GLO Contract No. 02-436C Coastal Projects No, 1114 PROJECT COOPERATION AGREEMENT FOR EVALUATING EROSION RESPONSE ALTERNATIVES BETWEEN GENERAL LAND OFFICE AND CITY OF LA PORTE FOR SYL VAN BEACH THIS PROJECT COOPERATION AGREEMENT (Agreement) is made and entered into by and between the General Land Office (GLO) and the City of La Porte (the Qualified Project Partner) pursuant to the Coastal Erosion Planning and Response Act (the Act), Texas Natural Resources Code Ann. gg33.601-12 (Vernon 2001 & Supp. 2002). WHEREAS, pursuant to the Act, the GLO is authorized to implement a program of coastal erosion avoidance, remediation, and planning; and WIJEREAS, if the GLO receives legislative appropriations or other ftmding~ the GLO will undertake coastal erosion studies, demonstration projects, and response projects in conjunction with qualified project partners; and WHEREAS, ftmds may be expended from the Coastal Erosion Response Account (the Account) to finance erosion response activities authorized by the Act and approved by the Commissioner of the GLO; and WHEREAS, ifthe,GLO and the Qualified Project Partner enter into a project cooperation agreement to undertake an erosion response study or project, the Act requires the Qualified -Project Partner to pay at least 15% of the shared project costs; and WHEREAS, the Qualified Project Partner has filed a Project Goal Summary with the GLO in accordance with 31 Texas Administrative Code 915.21 (Vernon Supp. 2001); and WHEREAS, both the GLO and the Qualified Project Partner desire to cooperatively undertake an evaluation of the alternatives to determine the feasibility, cost, and financing of different methods of avoiding, slO'vving, or remediating coastal erosion as identified in the Project Goal Summary; , NOW THEREFORE, in consideration of the benefits to the State of Texas, the GLO and the Qualified Project Partner enter into this Agreement and hereby agree as follows: I.' ALTERNATIVES ANALYSIS 1.01. ALTERNATIVES ANALYSIS. The parties agree to cooperatively evaluate alternatives for addressing erosion problem(s) identified in the Project Goal Summary, attached hereto and incorporated herein by reference as Attachment A, t~ assess the feasibility, cost, and financing of different methods of avoiding, slowing, or remedyin.g coastal erosion at Sylvan Beach, City of La Porte, Harris County, Texas (the Alternatives Analysis). The parties shall complete the Alternatives Analysis in accordance with the Work Plan, attached hereto as Attachment B and incorporated herein for all purposes. 1.02. NO COMMITMENT. The parties agree and acknowledge that by undertaking of this Agreement the GLO neither expresses nor implies any commitment to fund construction of any erosion response projects that may be evaluated in the Alternatives Analysis pursuant to this Agreement. 1.03. COASTAL BOUNDARY SURVEY. The Qualified Project Partner agrees and acmowledges that in the event a coastal boundary survey is required for the Alternatives Analysi.s, the survey will be conducted in conformance with Section 33.136 of the Texas Natural Resources Code. Maps, sUlYeys and/or profiles to be completed under this Agreement shall not include delineating or mapping vegetation, the line of vegetation or the landward boundary of the public beach. Work products provided under this Agreement shall not include any mention of the location of the line of vegetation or the boundary of the. public beach. For any work funded in whole or part by. funds from the Account, vegetation, the line of. vegetation and/or the landward boundary of the public beach can only be mapped, delineated, or described with specific written authorization from the GLO. A coastal boundary survey performed pursuant to this Agreement must contain the following statement: "This survey does not nor is it intended to be used to identify, delineate or fix the line of vegetation or the landward boundary of the public beach. " II. TERM. 2.01. DURATION. This Agreement shall be effective on the date the last party executes this Agreement, and shall terminate upon the completion of the Work Plan or August 31, 2003, whichever is earlier. i02. EARLY TERMINATION. This Agreement may be terminated by either party by giving written notice specifying a termination date at least thirty (30) days subsequent to the date of the notice. . 2 2.03. DISPUTE RESOLUTION. If a contract dispute arises that cannot be resolved to the satisfaction of the parties, either party may notify the other party in writing of the dispute. If the parties are unable to satisfactorily resolve the dispute within fourteen (14) days of the Written notiiication, the GLO may require the issue(s) be mediated. In sUQh event, the GLO shall so notify the Qualified Project Partner and furnish the Qualified Project Partner ,with the names of three mediators acceptable to the GLO. Within ten (10) days of such notice, the Qualified Proj ect Partner shall select a mediator from the list provided by the GLO and notify the GLO. The mediation shall occur within thirty (30) days of such notification. Prior to the mediation, each party will provide the mediator with a statement of issues to be mediated, along with any other information/releases required by the mediator. Cost of the 'mediator shall be borne equally by the parties. Any dispute resolution shall be conducted in accordance with Chapter 2260 of the Texas Government Code 01 emon 2001). ID. FUNDING. 3.01. PARTNER MATCH. (a) The Act requires the Qualified Project Partner to pay at least 15% of the shared project costs. In-kind goods or services provided by the Qualified Project Partner after entering into this Agreement may be used to offset the Qualified Project Partner's shared costs for the project provided the Qualified Project Partner presents the GLO with reasonable basis for estimating the monetary value of those goods or services. The decision to allow any in-kind goods or services to offset cost-sharing requirements is in the sole discretion of the GLO. (b). The parties agree that all expenses associated with the performance of this Agreement will be paid by the parties in accordance with the Budget attached hereto and incorporated herein by reference as Attachment C. in an amount not to exceed the sum of Fifty Thousand and No/IOO Dollars ($50,000.00). In the event the parties agree that additional tasks and/or funds are required, the parties shall execute an amendment to this Agreement. ' The Qualified Project Partner acknowledges that no costs incurred by. the Qualified Project Partner before entering into this Agreement or not in accordance 'with the Budget can be used to offset the cost-sharing requirement. Further, the Qualifie~ Project Partner acknowledges that it may be subject to cost-sharing requirements exceeding the minimum 15% share required by the Act. b. For an in-kind Partner Match, valuing and accounting determinations should be provided to the GLO within thirty (30) days of execution of this Agreement, and inclll:de a description of the Partner Match, how it is to be provided, and a timeline for providing it over the course of the Agreement. All in-kind Partner Match determinations are subject to the review and approval of the GLO. All in-kind Partner Match requirements must be accounted for before the expiration of this Agreement. Funds equaling to the in-kind match valuation will be retained until the accounting for the match is provided to and approved by the GLO. c. For a cash Partner Match, the full amount is due within thirty (30) days of the execution of this Agreement. This match contribution should be submitted to the following: 3 Texas General Land Office Coastal Erosion Planning and Response Act (CEPRA)-MATCH Mail Code 127 P.O. Box 12873 Austin-, TX 78711-2873 Attn: Dianna Gordon 3.02. ALTERNATIVE SOURCE FUNDING. The parties agree to work cooperatively to investigate and secure funding from sources other than the Account. Alternative sources of funding acquired by the Qualified Proj,ect Partner after the execution of this Agreement may be used to meet the Partner Match, subject to the approval of the GLO. Financial assistance from the Beach Cleaning and }.1aintenance Assistance Program pursuant to 31 Texas Administrative Code Chapter 25 (Vernon 2001) may not be used to meet the Qualified Project Partner's cost- sharing requirement. 3.03. STATE FUNDING. This Agreement shall not be construed as creating any debt on behalf of the State of Texas and/or the General Land Office in violation of Sec. 49, Art. ill of the State Constitution. In compliance with Sec. 6, Art. VITI of the Constitution, it is understood that all obligations of the State hereunder are subj ect to the availability of State funds. If such :funds are not appropriated or become unavailable, this Contract may be terminated. In that event, the parties shall be discharged from :further obligations, subject to the equitable settlement of their respective interests accrued up to the date of termination. 3.04. AUDIT. The GLO reserves the right to audit any Qualified Project Partner account related to the subject project and to verify any expense item submitted for reimbursement by the Qualified Project Partner, who will permit the GLO to inspect, and MIl make available for inspection, any and all pertinent records, files, information, and other written materials pertaining to the expenditure of funds on the Alternatives Analysis. The Qualified Project Partner further agrees to maintain, keep, and preserve at its principal office all. such records, and all other records associated with this Agreement, for a period of four (4) years following the completion or termination of this Agreement and to make the same .available to the GLO or other agencies of the state or federal government for purposes of audit - IV. :MISCELLANEOUS PROVISIONS. 4.01. OTHER LAW. Incorporated by reference the same as if specifically written here~ are the rules, regulations, and other requirements imposed by law, including but not limited to compliance with those pertinent statutes, rules, and regulations of the State of Texas and those of federal agencies providing funds to the State of Texas, all of which shall apply to the performance of the services hereunder. 4.02. PARTNER COMPLIANCE. This paragraph applies only to a local governmental entity subject to the provisions of the Open Beaches Act (Texas Natural Resources Code, Chapter 61) and the Dune Protection Act (Texas Natural Resources Code, Chapter 63). The Qualified Project Partner acknowledges that it will reimburse the Account for any costs to the erosion response 4 project, whether in the form of increased project costs or decreased benefits, resulting from any action or activity which has occurred or is occurring that is not in compliance "vith the relevant local beach/dune planes). . 4.03. POINTS OF CONTACT. a The GLO's point of contact for this Agreement shall be: Jimmy Tyree Project 11anager . Resource 11anagement Prograin Area 1700 N. Congress Ave. Austin, Texas 78701-1495 (512) 475-1552 . (512) 475-0680 -- fax b. The Qualified Project Partner's point of contact for this Agreement shall be: Stephen Barr City of La Porte 604 W. Fairmont Parkway La Porte, Texas 77571 (281) 470-7275 (281) 470-1361 - fax 4.04. NOTICES. Any notice required or permitted to be delivered under this Agreement shall be deemed delivered when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the point of contact for the GLO or the Qualified Proj ect Partner, a,s the case may be, at the address set forth in Section 4.03 of this Agreement. 4.05. VENUE. This Agreement shall be governed and construed in accordance with the laws of Texas. Venue of any suit brought for breach of this Agreement is fixed in any court of competent jurisdiction in Travis County, Texas; provided, however, the foregoing shall not be construed as a waiver of sovereign immunity by the GLO. 4.06. SEVERANCE. Should anyone or more provisions of this Agreement be hel4 to be void, voidable, or for any reason whatsoever of no force and effect, such provision(s) sh<;l.l1 be construed as severable from the remainder of this Agreement and shall not affect the validity of all other provisions of this Agreement, which shall remain of full force and effect. 4.07. FORCE MAJEURE. Any delays in or failure of performance by either party, except in respect of the obligation to make payments under this Agreement, shall not constitute default hereunder if and to the extent such delays or failure of performance are caused by occurrence(s) beyond the reasonable control of the party affected, and which by the exercise of due diligence such party is unable to prevent, herein called "Force Majeure," including but not limited to: acts of God or the public enemy, sabotage, war, mobilization, revolution, civil commotion, riots, strikes, lockouts, fires, accidents or breakdowns, floods, hurricanes or other actions 0.[ 5 governmental authorities. In any such event, the party claiming Force Majeure shall notify the other party in writing and, if possible, of the extent and duration thereof and shall exercise due diligence to prevent, eliminate or overcome such cause where it is possible to do so and resume performance at the earliest possible date. 4.08. ENTIRE AGREEl\1ENT. This Agreement constitutes. the entire agreement of the parties. No other agreement, statement, or promise that is not contained in this Agreement shall be binding except a subsequent written modification signed by both parties. GENERAL LAND OFFICE CITY OF LA PORTE (U2Jl LarryR. Sow d, ChiefClerkl" Senior Deputy Land com1oner Date of execution: ~ (/0L- G?~T~ N.ame:~-,- ~?ex<t TItle: I\f.Q no. Q Date of execution: l..{-c;.....o "L. q f FJe {) f,J~!:;]j lts -rz; B;C/}1: /7 . 1 -R/ ) - /; : Vit~c-l.-Zu. U:~-;0.. . ~ </#=---/ 6 A.TTA.C~"NT C , BtJDG"E1 9 BUDGET PAGE Sylvan Beach Shore Protection: Beach Nourishment CEPRA PROJECT #1114 PROJECT COSTS CONTRACTUAL AMOUNT Task l.Alternatives Analysis $50,000.00 " TOTAL PROJECT COST NOT TO EXCEED $50,000.00 COSTS~GS~Y QUALIFIED PROJECT PARTNER (QPP): 15 % of total project costs $7,500.00 QPP Cash Commitment $7,500.00 QPP In-kind Commitment $0.00 QPP's TOTAL CONTRIBUTION* .. - $7,500.00 CEPRA: 85% oitotal project costs , CEPRA's TOTAL CONTRIBUTION $42,500.00 , TOl'AL PROJECT CONTRIBUTIONS $50,000.00 ... PleaSe specify when using historically underutilized business as required by state law. Texas General Land Office i iI l! ... IJ OCT 2 2 PAR~ Ri..r;TlON DEPT. October 18,2002 David Dewhurst Commissioner Mr. Stephen Barr City of La Porte PO Box 1115 La Porte TX 77572 Re: Amendment to GLO Contract No. 02-436 C Dear Mr. Barr: Please find enclosed for your files one fully executed amendment to the above-referenced contract with the General Land Office. If you have any questions, please do not hesitate to contact me at (512) 475-2225, or via electronic mail at iudv.coover@glo.state.tx.us. Sincerely, ~contracts Liaison Legal Services Division JC/bt enclosure Stephen F. Austin Building 1700 North Congress Avenue Austin, Texas 78701-1495 512-463-5001 PROJECT COOPERATION AGREEMENT GLO CONTRACT NO. 02-436C AMENDMENT NO.1 STATE OF TEXAS ~ ~ COUNTY OF TRAVIS ~ The General Land Office and the City of La Porte (Qualified Project Partner), parties to that certain Project Cooperation Agreement entered into effective as of April 15, 2002 and denominated GLO Contract No. 02-436C (Agreement), now desire to amend the Agreement. WHEREAS, the parties desire to modify the Work Plan of the Agreement by adding additional tasks to be performed by Qualified Project Partner; and WHEREAS, the parties desire to modify the Budget of the Agreement to reflect the additional tasks; NOW, THEREFORE, the parties have agreed to amend the Agreement as follows: 1. Attachment B to the Agreement is hereby deleted and substituted by Attachment B-1 attached hereto, reflecting the amended Work Plan. 2 Attachment C to the Agreement is hereby deleted and substituted by Attachment C-l attached hereto, reflecting the amended Budget. 3. Except as amended and modified by this Amendment, the terms and conditions of the Agreement shall remain in full force and effect. GENERAL LAND OFFICE CITY OF LA PORTE . . IJI..,* .JJ ~~ Senior Deputy Land Commissioner Date: fJ!i~ N~~: Tit e: 4ct'~ ~V; )(~a.fje.lt 1'1 - Date: 0/ - 0 ~yED AS TO E r U-t1/;i.r;J./ .! c~ (, ..'. "" ,~. ... Ji. ~ ... . .. . , .' ,- ".", ... *.,....- .)\ ~ ...."'...",. "" Knox W. Askins, City Attorney ~ AM-B"NDBD woRR PLAN .- - - . . . .- ;00""""''''' . .- . - - ..,....'... 11""''''''''''''': . . ""...."""'" ----------// . . ........""'''~ SYLVAN BEACH SHORELINE PROTECTION, CEPRA # 1114 PERMITTING, FINAL DESIGN, BID PACKAGE DEVELOPMENT WORK PLAN 1. To address erosion at Sylvan Beach, the GLO shall: a. Identify, document, and confer with the Qualified Project Partner, the location and extent of the project area. b. Contract with a professional services provider to: document existing conditions/applications and confirm project site location and dimensions; review and summarize historical data and engineering studies; collate data as required to prepare permit application, final design, bid package; conduct site surveying as required; determine all permit requirements and obtain permits; conduct supporting modeling (e.g., SBEACH) for engineering design; develop construction drawings; develop engineering plans and specifications; recommend a post-project monitoring program develop bid package; and estimate construction costs. c. Identify legal requirements for the use of state-owned submerged land. d. Confirm with the Qualified Project Partner, the preferred alternative(s) for erosion response at the project site. e. Estimate total project costs of implementation of preferred alternatives and cost-sharing requirements. f. Provide financial point of contact. 2. To address erosion at Sylvan Beach, the Qualified Project Partner shall: .....""... a. Confer and cooperate with the GLO, the location and extent of the area. b. Confer and cooperate with the GLO on the selection of the professional service provider, scopes of work, and preferred alternatives. c. Identify, document, and coordinate with the GLO any in-kind services that will count toward the cost-sharing requirement under this Agreement: labor; contractual; volunteers; equipment; and supplies. d. Document local support (local associations, foundations, and others). e. Provide data from local appraisal districts and taxing entities as needed. f. Confer and cooperate with the GLO to establish a process for obtaining landowner consent, if needed. g. Disclose any other contractual relationship between the Qualified Project Partner and the selected professional service provider (or their subcontractors) during the Agreement term. h. Provide financial point of contact. &~ .. ..... . .. ... ... .,..,.... ""... ~': .....~.; . ........... _:oh.._: ATTACHMENT C-l AMENDED BUDGET . . ~ 410 -<c,,,", .. ""'.... . . ......"""'-: ....... ....."'... .:~~..: AMENDED BUDGET PAGE Sylvan Beach Park - Shoreline Protection & Beach Nourishment CEPRA PROJECT #1114 PROJECT COSTS CONTRACTUAL AMOUNT Task 1. Alternatives Analysis $50,000.00 Task 2. Permitting ( new task) $7,000.00 Task 3. Final Design (new task) $70,000.00 Task 4. Bid Package Development (new task) $8,000.00 TOTAL PROJECT COST NOT TO EXCEED $135,000.00 QUALIFIED PROJECT PARTNER (QPP): 15 % of total project costs QPP Cash Commitment (original) $7,500.00 QPP Cash Commitment (amended additional) $12,750.00 QPP In-kind Commitment $0.00 QPP's TOTAL CONTRIBUTION (amended) $20,250.00 CEPRA: % of total project costs CEPRA's CONTRIBUTION (original) $42,500.00 CEPRA's CONTRIBUTION (amended additional) $72,250.00 CEPRA's TOTAL CONTRIBUTION (amended) $114,750.00 PROJECT CONTRIBUTION (original) $50,000.00 TOTAL PROJECT CONTRIBUTIONS $135,000.00 COST SHARING SUMMARY .. .. " .. "- .......... ......'10"" . Oo. .. " "" "'", -::.~.: ......... ........... _...........: fUn :Few/ow COMMISSIONER NORlH CHANNEL ANNEX #26 14350 W ALUSVILLE ROAD HOUSTON, TEXAS 77049 (713) 455-8104 August 8, 2002 ~1lJ1I. V6- Mr. Stephen Barr, Parks Supervisor City of La Porte 1322 South Broadway La Porte, Texas 77571 Re: Sylvan Beach Shoreline Restoration Dear Mr. Barr: The Harris County Precinct Two Parks Department is very interested in moving forward with the Sylvan Beach Park shoreline restoration project. Although this project is in the early stages of development we feel the opportunity to participate in a one million-dollar shoreline restoration, at a cost of 7.5 percent to Harris County, is a great benefit to the citizens of Harris County. The Precinct Two Parks Department would like to proceed with the necessary legal agreements between the City of La Porte and Harris County to keep this project on line. If you have any questions please call me at (713) 455-8104 or Mike Greer at (281) 326-6539. Sincerely, ~L4 Gilbert Smith, Harris County Precinct Two General Superintendent of Parks GS/bb cc: Mike Greer ~FCFrvED AUG 1 2 2002 Parks ailQ h='l' . . D"" t "'... ed.'....1I "S~ i4 ()et/t 'P~"