HomeMy WebLinkAboutPR 22202: MOU BETWEEN RESEARCH, APPLIED TECHNOLOGY, EDUCATION AND SERVICES City of
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INTEROFFICE MEMORANDUM
Date: October 16, 2021
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: Flozelle C. Roberts, EIT, MEng, MBA, Director of Public Work
RE: P. R. No. 22202—Memorandum of Understanding (MOU) between Research,
Applied Technology, Education, and Services(RATES), Inc. and the City of
Port Arthur to address Coastal Management Plan Goals
Introduction:
The intent of this agenda item is to seek the City Council's authorization to enter into a
Memorandum of Understanding (MOU) with Research, Applied Technology, Education, and
Services (RATES), Inc. of Edinburg, Texas, to provide metocean data products to address
coastal issues on Sabine Lake.
Background:
Research, Applied Technology, Education, and Services, Inc. (RATES) received a grant from
the Texas General Land Office to implement the special merit project, High Frequency Radar
(HFR) Network for Texas Bays and Ports. At its August 31, 2021, meeting, Council authorized
the installation of a high frequency radar network for Texas bays and ports at the Pleasure Island
pier through resolution number 21-351.
An MOU is required to establish a partnership between RATES, Inc.,the City, and other project
participants, Lamar University and the University of Texas at El Paso to address coastal
management plan goals, which include the protection, preservation, and restoration of the
quality, quantity, and function of the State's estuaries.
Budget Impact:
Funding has been granted by the General Land Office (GLO) to RATES, Inc. There will be no
budgetary impact to the City's funds.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
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Recommendation:
It is recommended that City Council authorize the Memorandum of Understanding with RATES,
Inc. of Edinburg, Texas, to establish a partnership to address coastal management plan goals as
detailed in P. R.No. 22202.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
P. R.22202
10/16/2021 FCR
Page 1 of 3
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY OF PORT ARTHUR
TO ENTER INTO A MEMORANDUM OF UNDERSTANDING
(MOU) WITH RESEARCH, APPLIED TECHNOLOGY,
EDUCATION, AND SERVICES (RATES), INC. OF EDINBURG,
TEXAS, TO ADDRESS COASTAL MANAGEMENT PLAN
GOALS. THERE WILL BE NO FUNDING IMPACT.
WHEREAS, Research, Applied Technology, Education Services, Inc. (RATES) of
Edinburg, Texas, the University of Texas at El Paso in El Paso, Texas, and Lamar University in
Beaumont, Texas, were awarded a grant from the Texas General Land Office to implement the
special merit project, High Frequency Radar(HFR)Network for Texas Bays and Ports; and,
WHEREAS, at its August 31, 2021 meeting, the City Council authorized the installation
of the high frequency radar network at the Pleasure Island pier through resolution number 21-351;
and,
WHEREAS, a memorandum of understanding (MOU) is required to establish a
partnership between RATES, Inc., the City of Port Arthur, and other project participants, Lamar
University and the University of Texas at El Paso to address coastal management plan goals,which
include the protection, preservation, and restoration of the quality, quantity, and function of the
State's estuaries; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT, the facts and opinions in the preamble are true and correct; and,
THAT, the City Council hereby authorizes the memorandum of understanding between
RATES, Inc. and the City of Port Arthur to address coastal management plan goals; and,
THAT, funding for the project will be borne by the project's grant awardees; and,
P. R. 22202
10/16/2021 FCR
Page 2 of 3
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
READ,ADOPTED, AND APPROVED this the day of , A.D.
2021 at a meeting of the City of Port Arthur, Texas by the following vote:
AYES: Mayor
Councilmembers:
Noes:
Thurman"Bill" Bartie
Mayor
ATTEST: APPROVED AS TO FORM:
V hi-Ail
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Sherri Bellard 1146Valecia izeno
City Secretary City Attorney
P. R. 22202
10/16/2021 FCR
Page 3 of 3
APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY OF
FUNDS:
KA \,_,,c,N) 0 _..,L,______D
Ron Burton Kandy Daniee
City Manager Interim Director of Finance
ti U.
Flozelle C. Roberts Clifton Williams
Director of Public Works Purchasing Manager
P. R.22202
EXHIBIT A
MOU: City of Port Arthur and RATES October 21, 2021
MEMORANDUM OF UNDERSTANDING (MOU)
By and between the
City of Port Arthur, Texas
And
RESEARCH, APPLIED TECHNOLOGY,EDUCATION, AND SERVICES (RATES),
INC.
This Memorandum of Agreement(MOA) is made by and between Research, Applied
Technology, Education, and Services, Inc., a State of Texas 501(c)(3) non-profit organization
hereinafter referred to as "RATES" and"City of Port Arthur", a political subdivision of the State
of Texas, hereinafter referred to as"CITY". This MOU is effective on the date of execution by
the last signatory. Collectively, RATES and CITY are hereinafter referred to as the "Parties"to
this MOU.
WHEREAS, CITY is entrusted with the welfare of its citizens;
WHEREAS, CITY is concerned with the impacts of marine pollution, coastal flooding, and the
overall safety of its citizens; and
WHEREAS,RATES is coastal and water resources engineering organization that is a sub-
recipient to the University of Texas at El Paso (UTEP), the prime recipient of a Texas General
Land Office ("Prime Sponsor") Prime Award No. 21-155-002-C874, entitled"High Frequency
Radar for Texas Bays and Ports."Under the RATES subaward agreement (226551061B) with
UTEP, RATES is responsible for the commissioning and operation, inclusive of securing
property access instruments, for High Frequency (HF)radar equipment in City of Port Arthur.
Now,therefore, RATES and CITY enter into this MOU to establish a mutually beneficial
working relationship to provide metocean data products to address coastal issues including, but
not limited to: non-point source pollutant modeling; coastal flooding and storm surge; oil spill
trajectory modeling; and search and rescue operations.
1.0 PURPOSE
The purpose of the MOU between the CITY and RATES is to establish a partnership between
and among RATES, CITY, and other project participants Lamar University and UTEP to address
Coastal Management Plan(CMP) goals including: to protect,preserve, and restore the quality,
quantity, and function of the State's valuable estuaries; and balance the benefits of economic
development and multiple human uses of the coastal zone. This collaboration will enable the
establishment of High Frequency Radar Network on Sabine Lake that will provide near-real time
surface current data, available on National Data Buoy Center HF Radar server at
https://hfradar.ndbc.noaa.gov/ .
2.0 COLLABORATION
To achieve CMP goals, RATES and CITY will, at no financial cost to either Party, consider
doing the following:
a) Coordinate site visits in accordance with CITY policies and procedures for RATES staff,
students, and researchers to visit properties owned by CITY;
Page 1 of 5
MOU: City of Port Arthur and RATES October 21, 2021
b) Provide access to the CITY properties at:
Pleasure Island Pier
Lake Front Dr. and Basin Rd.
Port Arthur, Texas
c) Authorize the installation, operation, and maintenance of HR Radar equipment and
required associated utilities on CITY properties described in 2.0 COLLABORATION b).
3.0 LIABILITY INSURANCE
RATES shall furnish proof of insurance in at least the following limits, to be in place prior to
commencing with activities under this MOU and continue at all times in force in effect during
the term of this MOU:
1. Automobile liability insurance policy with limits of at least Three Hundred Thousand
Dollars($300,000)per person and $500,000 per occurrence, consistent with potential
exposure to City of Port Arthur under Texas Tort Claims Act. Coverage should include
injury to or death of persons and property damage claims (with limits up to $500,000)
arising out of activities conducted under this MOU;
2. Uninsured/Underinsured motorist coverage in an amount equal to the bodily injury
limits set forth immediately above;
3. A Five Hundred Thousand Dollar($500,000) Comprehensive General Liability
insurance policy providing additional coverage to all underlying liabilities of City of
Port Arthur consistent with potential exposure of City of Port Arthur under the Texas
Tort Claims Act;
4. Workers compensation insurance in amounts established by Texas law.
Certificates of insurance naming City of Port Arthur as additional insured shall be submitted to
CITY for approval prior to commencement of activities under this MOU. Each insurance policy
required hereunder shall extend for a period equivalent to, or longer than the term of the MOU,
and any insurer shall be required to give at least thirty (30) days written notice to CITY prior to
cancellation of any such coverage on the termination date, or otherwise. This MOU shall be
automatically suspended upon cancellation, or other termination, of any required insurance
policy hereunder, and such suspension shall continue until evidence of adequate replacement
coverage is provided to CITY.
4.0 INDEMNITY AND HOLD HARMLESS
Indemnification according to Texas law.
5.0 COORDINATORS
Each Party shall designate a coordinator to oversee and facilitate the implementation of the
MOU.
Page 2 of 5
MOU: City of Port Arthur and RATES October 21, 2021
For RATES: RATES
Christopher Fuller, Ph.D.
Chief Operations Officer
P.O. Box 697
Edinburg, TX 78540
(518) 570-4078
cfuller@offlce.ratesresearch.org
For City of Port Arthur: City of Port Arthur, TX
Flozelle Roberts
Director of Public Works
444 4th Street
Port Arthur, TX 77640
(409) 983-8140
flozelle.roberts@portarthurtx.gov
The coordinators, working with appropriate personnel at their respective parties, shall have the
following responsibilities: i)to act as principal contacts for each party and to assist with the
planning and coordination of proposed activities and meetings; (ii)to distribute to the other party
information about his or her party; and (iii)to meet periodically, in person, by telephone, or e-
mail to discuss and clarify project activities, respective party needs, and future events and/or
meetings.
6.0 NON-BINDING AGREEMENT
The MOU is not a contract. This MOU serves only as a statement of the general intention of the
Parties and in not intended to be legally binding nor intended to be construed as an agreement on
any matters mentioned. No oral agreement or conduct of the Parties (including partial
performance) in respect to matters stated in the MOU shall be deemed to impose in obligation of
liability on either Party, financial or otherwise.
7.0 NON AGENCY/PARTNERSHIP
This MOU is not intended to constitute, create, give effect to, or otherwise form a joint venture,
or other business entity of any kind. Neither Party shall act as an agent for, or partner of the other
Party. There are neither any rights nor obligation of the Parties established under this MOU
MOA.
8.0 NON-EXCLUSIVE RELATIONSHIP
Although the intention of the MOU is to address issues with respect to a working relationship
between the Parties,the relationship is non-exclusive, and the Parties shall have the ability to
form similar or different business relationships with other companies or entities of their choice.
9.0 PUBLICATIONS
All publications resulting from the coordination between the two Parties should give recognition
to this MOU. Likewise, the MOU should also be mentioned in all courses and formal
presentations that result from cooperation between the Parties.
Page 3 of 5
MOU: City of Port Arthur and RATES October 21, 2021
10.0 COMPLIANCE WITH APPLICABLE LAWS
The Parties agree to comply with all applicable: federal, state, and local laws; ordinances, rules,
and regulations; and all applicable requirements of any accreditation authority.
11.0 MODIFICATIONS
The MOU should be identified in the parent document of any program agreement executed
between the Parties, if any. No modification, alteration or amendment of this MOU will be
effective unless in writing and signed by the Parties.
12.0 FURTHER AGREEMENTS
Further agreements concerning any programs and/or projects, if any, will provide details
concerning the specific responsibilities of each party and will not become effective until they
have been put down in writing and executed by the duly authorized representatives of the Parties.
13.0 NO COST MOA
The is a no cost MOA. Neither party will incur any cost or financial obligations to the other
Party under the terms of this MOA.
14.0 PRESS RELEASES
The Parties may discuss or address this MOU in press releases.
15.0 NO LIABILITY
The Parties understand that they are proceeding at their own risk. With the exception of the
insurance policies contemplated in Section 3.0,the parties further understand that they do not
intend to incur any costs associated with this MOU.
Nothing contained in the MOU is to be construed as providing for the sharing of profits or losses
arising out of the efforts of either or both Parties. Neither Party will be liable to the other for any
costs, expenses, risks, or liabilities arising out the other Party's efforts in connection with this
MOU.
16.0 TERM
Upon approval by each party, this MOU will remain in effect for a period of 24 months unless
terminated earlier by either party. Such termination by one party will be effective my giving the
other party at least thirty(30) days advance written notice of its intention to terminate.
Termination will be without penalty. If this MOU is terminated, neither CITY nor RATES, will
be liable to the other for any monetary or other losses, which may result.
Notwithstanding the above,the period of this MOU will, if necessary, be extended with consent
in writing from the Parties.
Page 4 of 5
MOU: City of Port Arthur and RATES October 21, 2021
EXECUTED by the CITY and RATES in duplicate copies, each of which will be deemed an
original.
EXECUTED the day of , 2021, by CITY,by its duly
authorized agent and evidenced below.
"CITY"
CITY of Port Arthur
By:
Mayor Bill Bartie
Mayor
ATTEST:
By:
Insert Name
Insert Title
EXECUTED the day of , 2021, by RATES,by its duly
authorized agent and evidenced below.
"RATES"
By:
Andrew N. Ernest, P.E.,Ph.D.
President and CEO of RATES
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