HomeMy WebLinkAboutPR 23201: COLLABORATION FOR NORTH PLEASURE ISLAND RESTORATION AND ENHANCEMENT FOR COMMUNITY RESILIENCY 'ii
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INTEROFFICE MEMORANDUM
Date: May 30, 2023
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: Dr.Albert T. Thigpen, CAS, IPMA-SCP
Assistant City Manager—Administration
RE: Memorandum of Agreement for Collaboration for North Pleasure Island Restoration and
Enhancement for Community Resiliency.
Introduction:
The intent of this Agenda Item is to seek the City Council's authorization for the City Manager to enter a
Memorandum of Agreement for collaboration with Jefferson County and Lamar University—Center for Resiliency
in a project to restore North Pleasure Island.Whereas,the City of Port Arthur will commit$150,000.00 in matching
funds, grant identified project parties and GLO access to the property, parcel 85097, and maintain all permits, real
estate easements,and coastal lease instruments as well as any other authorizations required by state, federal or local
law to implement the project and ensure compliance with all general and special conditions.
Background:
The City of Port Arthur plans to collaborate with Jefferson County and Lamar University— Center for Resiliency
toward restoring the eroded north end of Pleasure Island, Port Arthur, Texas, and enhancement to create a marsh
complex of up to 600 acres. The proposed project'is sized to yield meaningful benefits to industry, navigation,
national security, community resiliency, the Sabine Lake Ecosystem, education, and cultural values of Southeast
Texas.
Budget Impact:
The amount of $150,000 is budgeted and available in Account No. 001-01-005-5470-00-10-000, Project No.
MA0030.
Recommendation:
It is recommended that City Council authorize the City Manager to enter a Memorandum of Agreement for
collaboration with Jefferson County and Lamar University— Center for Resiliency by committing $150,000.00
in matching funds, granting identified project parties and GLO access to the property, parcel 85097, and
maintaining all permits, real estate easements, and coastal lease instruments as well as any other authorizations
required by state,federal or local law to implement the project and ensure compliance with all general and special
conditions.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8188 X FAX 409.982.6743
P.R.No. 23201
05/25/23 ATT
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM
OF AGREEMENT WITH THE LAMAR UNIVERSITY—CENTER FOR RESILIENCY IN
COLLABORATION WITH JEFFERSON COUNTY FOR SUPPORT AND COLLABORATION IN
REGARD TO PLEASURE ISLAND EROSION, MITIGATION, RESTORATION AND
ENHANCEMENT AS WELL AS ECOSYSTEM PROTECTION AND INCREASED PORT
ARTHUR COMMUNITY RESILIENCY WITH A PROJECTED BUDGETARY IMPACT OF
$150,000.00, FUNDS AVAILABLE IN ACCOUNT NO. 001-01-005-5470-00-10-000, PROJECT NO.
MA0030
WHEREAS, the City of Port Arthur is a chartered municipality located in Jefferson County,
Texas; and,
WHEREAS, Port Arthur, Texas, in addition to its global economic impact via its petro-chemical
industrial complex, is also nationally known as a popular destination for sport fishing, birding, crabbing.
boating and related nature activities; and,
WHEREAS, a unique feature of the topography of Port Arthur, Texas is Pleasure Island, an 18.5
mile long man-made island immediately adjacent to Sabine Lake and the Sabine Neches Intracoastal
Waterway; and,
WHEREAS, the protection of the various ecosystems, animal and plant life as well as the
positive development of Pleasure Island are key concerns and priorities of the City Council; and,
WHEREAS, in furtherance of such priorities the City Council deems it advantageous and prudent
to collaborate with the Lamar University—Center for Resiliency and Jefferson County in resiliency
programming, ecosystem protection,and grant activities; and,
WHEREAS, such collaboration will yield manifold benefits such as habitat protection for plants,
wildlife and fish, a living laboratory in environmental science for primary through collegiate students,and
preservation of recreational and nature-based sporting activities; and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PORT ARTHUR,TEXAS:
Section 1. That,the facts and opinions in the preamble are true and correct.
Section 2. That, the City Council strongly supports the goals and objectives of the Lamar
University—Center for Resiliency in general and especially in regard to Pleasure Island and authorizes the
City Manager to enter into a Memorandum of Agreement with Lamar University along with Jefferson
County, in substantially the same form as attached hereto as Exhibit"A".
Section 3. That, the City Council authorizes commitment of $150,000 to the matching funds
supporting the first biennium budget for this project as provided in the City' 2022-2023 budget.
Section 4. That, the City of Port Arthur hereby authorizes commitment to granting identified
project parties and GLO defined project entities access to the property, parcel 85097, Jefferson County,
Texas, for all work required by the scope of the project.
Section 5. That, the City of Port Arthur agrees it will hold and maintain all permits, real estate
easements, and coastal lease instruments as well as any other authorizations required by state, federal or
local law to implement the project and ensure compliance with all general and special conditions.
Section 6. That, a copy of this Resolution be spread upon the minutes of the City Council.
READ,ADOPTED,AND APPROVED this day of ,AD,2023,at a
Regular Meeting of the City Council of the City of Port Arthur,Texas,by the following vote: AYES:
Mayor
Councilmembers
NOES:
Thurman Bill Bartie, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
/Va1 Tizeno,Efiq.
City Attorney
APPROVED AS TO AVAILABILITY OF FUNDS:
Ciki .A-ArL)
Kandy Daniel \e/
Director of Finance
APPROVED FOR ADMINISTRATION:
Ron Burton
City Manager
EXHIBIT "A"
Memorandum of Agreement
Between
City of Port Arthur, TX
And
LAMAR UNIVERSITY
Beaumont,TX
This Memorandum of Agreement(also sometimes referred to as either MOA or Agreement)is made this 31st
day of May 2023 between Lamar University("UNIVESITY"),a member of The Texas State University
System and an institution of the State of Texas with its business operations located at 4400 MLK Blvd.,P.O.
Box 10119,77710(hereinafter Lamar or Lamar University) and the City of Port Arthur,Texas,
("COMPANY")located at Port Arthur City Hall,444 4th St,Port Arthur,TX 77640,each of the
aforementioned being referred to individually as the "Party" or collectively as the "Parties."
The Parties have a mutual interest in cooperation,and enter into this MOA to explore restoration and
enhancement of the eroded north end of Pleasure Island,Port Arthur,TX,and agree to the following terms:
ARTICLE 1:AUTHORITY
Authority for cooperation in areas of research and development, and resultant intellectual property and
patents will be in accordance with the regulations and practices of the Texas State University System. The
governing ownership and commercialization rights of applications and products will be in accordance with
U.S.patent laws and negotiated under separate written agreement.
ARTICLE 2: SCOPE OF COLLABORATION
2.1 Areas of collaboration may be proposed by either institution and include,but are not limited to:
1.Submission of Application to Texas GLO CEPRA Program for Cycle 13 funding to initiate Phase-
1 (engineering, design,permitting) of a three-phase grant process to restore and enhance the
eroded north end of Pleasure Island,Port Arthur,Texas,identified in Texas Coastal Resiliency
Master Plan 2023 as Tier-1 #457 ("North Pleasure Island").
2. Seek additional opportunities through stakeholder engagement for support and additional
matching funding toward the goat#North Pleasure Island Restoration.
3. Develop a project with parties lister £Article 2.2.
4. Commitment to the proposed activities and matching funds listed in Article 2.3.
2.2 Participating parties:
1.Jefferson County
2. City of Port Arthur
3.Lamar University—through the Center for Resiliency(CfR)
2.3 All activities and commitments listed below shall be subject to the awarding of funds from Texas
GLO CEPRA Program.
1.Jefferson County:
• Commitment to financial support of$150,000 for Phase-1 project matching funds to be paid
in full to the GLO no later than thirty(30) days after receiving the GLO's written request to
LU CfR for payment.
• Provide a representative to attend stakeholder meetings during Phase-1.
2. City of Port Arthur:
• Commitment to financial support of$150,000 for Phase-1 project matching funds to be paid
in full to the GLO no later than thirty(30) days after receiving the GLO's written request to
LU CfR for payment.
• Commits to granting identified project parties and GLO defined project entities access to
City of Port Arthur property,parcel 85097,Jefferson County,TX,for all work required by
the scope of the project.
• Commits to hold and maintain all permits,real estate easements,and coastal lease
instruments as well as any other authorizations required by state,federal or local law to
implement the project and ensure compliance with all general and special conditions.
• Assist in identifying and engaging stakeholder entities.
• Provide a representative to attend stakeholder meetings during Phase-1.
3.Lamar University—Center for Resiliency
• Commits to writing and submission of grant applications to the GLO CEPRA Program for
all three project phases.
• Inform parties contributing matching funds immediately upon receipt of GLO's written
request for payment of matching funds
• Commits to writing and submission of grant applications to other funding opportunities to
support Phase-2 match and other project needs.
• Commits to soliciting additional matching funds,in cash or eligible in-kind contribution,
from Stakeholder entities.
• Commits to leading stakeholder interactions and public engagement in gathering information
for consideration in project design in Phase-1
• Commits to lead the process of negotiation,development,and preparing application for any
real estate easements,coastal leases,and permits in collaboration with the City of Port
Arthur for their submission as holder of these instruments.
• Will explore financial sponsors and mechanisms to facilitate Carbon Credit revenues for a
long-term project maintenance fund.
• Commitment to perform all project tasks proposed for the Phase-1 project design process,
including: 1) gathering data from stakeholders and public used as input for final project
design,2) bathymetry and topography survey of site;3)vegetation and elevation survey for
desired plant species for fish and wildlife habitat;4) sampling sediment/soil and performing
grain size,bulk density,and organic content analyses as needed;5) collect wave data and
model storm event wave dynamics. These data will be collected as needed by the GLO
CEPRA approved contractor performing the design.
• Commitment of in-kind matching funds in the amount of the 15% eligible TMDC
ARTICLE 3:DURATION AND EVALUATION
3.1 This MOA shall be in effect for a period of 2 years from the last date of signature. Either party
may request termination of this agreement,in writing,ninety(90) days prior to the proposed
termination date.Any activities in progress at the time of termination shall be permitted to conclude
as planned unless otherwise agreed in writing by both Parties.
3.2 This MOA may be renewed three (3) times if both Parties agree in writing to continue the
collaboration.
3.3 Amendments to this MOA may be requested,in writing,by either party and approved by the
authorized signatories.
ARTICLE 4: IMPLEMENTATION OF AGREEMENT
To facilitate and enable collaboration,the Parties agree to hold meetings as necessary.Both the University
and Company will identify individuals at their respective institutions to serve as the primary point of contact
responsible for implementing and coordinating the articles of this MOA. In addition,the Parties will:
4.1 Jointly prepare and approve all joint proposal materials (e.g.white papers, statements of work,
briefings,etc.),and any presentations or submissions will be in accordance with University's policies
and procedures through the Office of Research and Sponsored Programs Administration.
4.2 Develop a separate written agreement that will be negotiated through the University's Office of
Research and Sponsored Programs Administration if any specific project results from the
collaboration initiated through this MOA. Such future agreements will establish project goals,
timeline,costs and funding arrangements;and be summarized in a detailed statement of work prior
to project initiation.
ARTICLE 5:USE OF NAME
None of the parties shall use the name,logo,likeness,trademarks,image,or other intellectual property of
either of the other parties for any advertising,marketing,endorsement or any other purposes without the
express written consent of an authorized representative of the other party.Partnering Institution may refer to
the affiliation with Lamar University in public information materials regarding the relevant collaboration
provided such materials are preapproved in writing by Lamar University. Partnering Institution may refer to
the affiliation with Lamar University in its brochures and other public information materials having to do
with the collaboration resulting from this MOA.
ARTICLE 6: INDEPENDENT CONTRACTORS
Each party is separate and independent,and this Agreement shall not be deemed to create a relationship of
agency,employment,or partnership between or among them. Each party understands and agrees that this
Agreement establishes an independent contractor relationship and that the agents or employees of each
respective party are not employees or agents of any other party.
ARTICLE 7: SEVERABILITY
If any of the provisions of this Agreement are rendered or declared illegal for any reason,or shall be invalid
or unenforceable,the invalid,unenforceable, or illegal provisions shall be modified to the minimum extent
necessary in keeping with the Parties'intentions as set forth herein.To the extent that such modification is
not possible,the invalid,unenforceable, or illegal provisions shall be severed from the Agreement,and the
remainder of this Agreement shall remain in full force and effect.
ARTICLE 8:WAIVER
The waiver of any breach of any term of this Agreement does not waive any subsequent breach of that or
another term of this Agreement.
ARTICLE 9:ASSIGNMENT
This Agreement shall not be assignable by either Party without the prior written consent of the other Party.
Any and all assignments not made in accordance with this section shall be null and void.
ARTICLE 10: GOVERNING LAW
This Agreement,and any and all claims,disputes,allegations,proceedings,or causes of action arising out of
or relating to this Agreement,shall be interpreted and construed in accordance with the laws of the State of
Texas,without regard to its conflict of laws principles. To the extent applicable,the dispute resolution
process provided in Chapter 2260,Texas Government Code,and the related rules adopted by the Texas
Attorney General pursuant to Chapter 2260,shall be used by COMPANY and UNIVERSITY to attempt to
resolve any claim for breach of contract made by COMPANY that cannot be resolved in the ordinary course
of business.Any claims,disputes,allegations,proceedings,or causes of action between the Parties arising out
of or relating to this Agreement shall be brought,in the federal or state courts located in Jefferson County,
Texas,the place of this Agreement.
ARTICLE 11:ENTIRE AGREEMENT
Unless otherwise specified,this Agreement,and all Work Orders hereto,which are incorporated herein in full
by reference,embody the entire agreement between UNIVERSITY and the COMPANY for the Research
Project contemplated hereby,and any prior or contemporaneous representations,either oral or written,are
hereby superseded.No amendments or changes to this Agreement shall be effective unless made in writing
and signed by authorized representatives of the Parties.
ARTICLE 12:NOTICES
Any consent,waiver,notice,demand,request or other instrument required or permitted to be given under
this Agreement or any related agreements shall be,in writing and shall be delivered by hand,postage prepaid,
by registered,certified or express mail,reputable overnight courier service or electronic communication and
shall be deemed given when so delivered by hand or transmitted,or if mailed, five (5) days after the notice is
delivered to the courier service,addressed to the addresses set forth herein,or to such other address as may
later be specified in writing by either party.
ARTICLE 13:NO WAIVER OF SOVEREIGN IMMUNITY
Notwithstanding any provision of this Agreement nothing herein shall be construed as a waiver by Lamar
University of its constitutional, statutory or common law rights,privileges,immunities or defenses.To the
extent the terms of this paragraph conflicts with any other provision in this MOA,the terms of this
paragraph shall control.
ARTICLE 14.PUBLIC INFORMATION
The System strictly adheres to all statutes,court decisions and the opinions of the Texas Attorney General
with respect to disclosure of public information under the Texas Public Information Act,Chapter 552,Texas
Government Code. Parties are required to make any infortion created or exchanged with the state
pursuant to this Order,that is not otherwise excepted from'disclosure under the Texas Public Information
Act,available in a format that is accessible by the public at no additional charge to the state.The following
format(s) shall be deemed to be in compliance with this provision: electronic files in Word,PDF,or similar
generally accessible format.
For City of Port Arthur,Texas
City Manager,Ronald Burton
DATE:
For Lamar University
Provost,Dann Brown
DATE: