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Home My WebLink AboutPR 23466: INTERLOCAL AGREEMENT WITH THE PORT OF PORT ARTHUR fttt- '-- nrt rt www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: November 15, 2023 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager From: Calvin Matthews, P.E., Water Utilities Director RE: P.R. 23466—Interlocal Agreement with the Port of Port Arthur Introduction: The intent of this Agenda Item is to seek the City Council's approval for the City Manager to execute an interlocal agreement for the Port of Port Arthur's Logo to be painted on the Thomas and Rail Road Elevated Storage Tank. Background: The Port of Port Arthur wishes to have the Port's logo applied to the Thomas and Rail Road Elevated Storage Tank and enter into an interlocal agreement with the City of Port Arthur. The agreement is to reimburse the City for 100% of the project costs relating to the logo and the annual fee of$4,000.00. 1 Budget Impact: Annual revenue of $4,000.00 in Account No.410-40-000-4740-00-00-000, Miscellaneous Income. Recommendation: I recommend that the City Council approve Proposed Resolution No. 23466, authorizing the Interlocal Agreement between the City of Port Arthur and the Port of Port Arthur. "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. No. 23466 11/15/2023 JL Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT (COST REIMBURSEMENT AGREEMENT) WITH THE PORT OF PORT ARTHUR NAVIGATION DISTRICT FOR THE PAINTING OF THE PORT'S LOGOS ON THE WATER TOWER LOCATED AT RAILROAD AVENUE AND THOMAS BOULEVARD WHEREAS,the Port of Port Arthur Navigation District wishes to have their logos applied to the newly rehabilitation water tower located at Thomas Boulevard and Railroad Avenue; and, WHEREAS,the interlocal agreement(attached as Exhibit"A")provides for a one hundred percent(100%)cost reimbursement and an annual fee of$2,000.00 per logo($4,000 for two logos) for a twenty(20) year period paid by the Port of Port Arthur; and, WHEREAS, the City of Port Arthur will manage all aspects of the painting of the logos on the elevated storage tank; and, WHEREAS,the annual fee from the Port of Port Arthur will be deposited to Account No. 410-40-000-4740-00-00-000, Miscellaneous Income. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the City Manager is hereby authorized to execute on behalf of the City, an Interlocal Agreement with the Port of Port Arthur Navigation District for the purpose of reimbursing the cost of the project. THAT,the Port of Port Arthur shall pay the City an annual fee in the amount of$2,000.00 per logo ($4,000 for two logos)per year for a twenty (20) year period. THAT,the Port of Port Arthur agrees to pay promptly to the contractor or to reimburse the City, as the case may be for the project. P.R. No.23466 11/15/2023 JL 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 day of , 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: APP OVED AS TO FORM: e,h,t4690 Sherri Bellard Valecia T. o City Secretary City Attorney P.R. No. 23466 11/15/2023 JL Page 3 of 3 APPROVED FOR ADMINISTRATION: Ronald Burton City ana er t— /...A___. Calvin thews P.E. Utilities Director APPROVED FOR AVAILABILITY OF FUNDS: (` )?CC cti 669. -tit.te,17 Lynda Boswell Finance Director - Lta Clifto Williams, CPPB Purchasing Manager EXHIBIT A STATE OF TEXAS § COUNTY OF JEFFERSON § INTERLOCAL AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND THE PORT OF PORT ARTHUR NAVIGATION DISTRICT OF JEFFERSON COUNTY,TEXAS This Interlocal Agreement (the "Agreement") is made this day of , 2023 between the City of Port Arthur,a unit of local government duly existing under and chartered in conformity with the laws of the State of Texas(the"City"),and the Port of Port Arthur Navigation District of Jefferson County, Texas, a political subdivision of the State of Texas (the "Port"). The City and Port are at times collectively referred to hereinafter as the"Parties"or individually as the"Party". WHEREAS,the Port seeks an agreement from the City for the City to paint the Port's logo on the City's water tower located at W.Thomas Boulevard near Houston Avenue,Port Arthur,Texas("Tower"); and WHEREAS,subject to the terms and conditions set forth below,the City agrees to paint the Port's logo on the Tower. NOW,THEREFORE,in consideration of the mutual promises contained herein,the Parties to this Agreement agree as follows: 1. LOGO.Attached hereto and incorporated herein as Attachment"A"is a depiction of the logo that the City and/or its Contractors will paint on the Tower(the"Logo")for the benefit of the Port. 2. LICENSE.The City hereby grants license to the Port to display the Logo on the Tower. 3. INSTALLATION. The City and/or its Contractor shall paint two (2) Logos in accordance with plans and specifications and at a price to be approved in writing by the Port prior to painting. 4, TERM. This Agreement shall be effective as of the date of execution by both Parties ("Commencement Date"). The term of this Agreement shall end twenty (20) years from the Commencement Date. 5. PRICE AND FEES. 5.1 All costs for painting the Logo shall be evidenced by invoices and/or receipts to be provided by the City to the Port, which the Port agrees to pay promptly to the Contractor or to reimburse the City, as the case may be. Page 1 of 4 5.2 The Port shall pay to the City an annual fee in the amount of$2,000.00 per Logo($4,000.00 total for two Logos). 5.3 The first annual payment shall be due upon completion of the Logo installation, with the remaining nineteen(19) annual payments due on January 15 of each year thereafter. 6. MAINTENANCE. 6.1 From time to time,preventative maintenance will be necessary for the Logo.The City and/or its Contractor shall perform all preventative maintenance,and the price of such preventative maintenance shall be borne by the Port. Preventative maintenance costs include,but are not limited to:any and all labor,equipment,and materials used for or in connection with Logo maintenance during the term of this Agreement. 6.2 The Port acknowledges and agrees that conditions may arise which require the City to perform maintenance or repairs to the Tower which may damage,mar,cover,obliterate,or otherwise damage all or part of the Logo. The City agrees to take reasonable steps in performing any repairs and/or maintenance,and agrees to bear the cost to repair any damage to the Logo resulting from such repairs and/or maintenance. 7. COATING PROTOCOL. The City and/or its Contractor shall complete the painting using the following protocol: 7.1 Pre-treat/pressure wash Logo location on the Tower. 7.2 Paint Logo per attached design in two locations. Size and orientation as agreed to by the Parties. 7.3 Water and 220v/110v 20A power to be provided at no cost to the Contractor by the City with the cooperation and assistance of the Port, if requested. 8. INSURANCE AND IMMUNITY. 8.1 Immunities Preserved. It is the intention of the Parties to preserve any and all statutory immunities available to them under the Constitution and laws of the State of Texas. Accordingly, this Agreement shall be implemented and interpreted consistent with that intention. 8.2 Insurance. The City covenants to require its painting and any maintenance Contractors to obtain and maintain such insurance coverage as customarily required by the City for similar contracts,which insurance shall name both the City and the Port as additional insureds. 9. MISCELLANEOUS PROVISIONS. 9.1 Authority. Each Party warrants to the other that it is authorized to execute, deliver and perform this Agreement. Each Party warrants to the other that execution, delivery and. performance of this Agreement does not constitute a breach or violation of any other agreement,undertaking, law,or ordinance by which that Party is bound. Page 2 of 4 9.2 Binding Effect. This Agreement shall be binding on the Parties and their respective successors. It may not be assigned. 9.3 Severability. If any provision, covenant, agreement, or portion of this Agreement or its application to any person,entity,or property,is held invalid,each invalidity shall not affect the application or validity of any other provisions,covenants,agreements,or portions of this Agreement, and to that end, all provisions, covenants, agreements, or portions of this Agreement are declared to be severable. 9.4 Further Acts. Each Party shall, at the request and the expense of the other, execute and deliver any further documents and do all acts and things as that Party may reasonably require to carry out the true intent and meaning of this Agreement. 9.5 Governing Law. This Agreement is governed by and shall be interpreted and enforced in accordance with the laws of the State of Texas. 9.6 Waivers and Modifications.No waiver of any term or condition of this Agreement shall be binding or effective for any purpose unless expressed in writing and signed by the Party making the waiver, and then shall be effective only in the specific instance and for the purpose given. This Agreement shall not in any other way be modified except in writing signed by all Parties. 9.7 Notice. Any notice, payment, request, instruction, or other document to be delivered hereunder shall be deemed sufficiently given if in writing and delivered personally or sent by certified mail. 9.8 Entire Agreement. This Agreement expresses the complete and final understanding of the Parties with respect to its subject matter. 9.9 Execution.This Agreement may be executed in duplicate counterparts,each of which shall be as effective as the others upon approval and execution. IN WITNESS WHEREOF,the Parties each have executed this Intergovernmental Agreement on the dates indicated by each signature. CITY OF PORT ARTHUR,TEXAS PORT OF PORT ARTHUR NAVIGATION DISTRICT OF JEFFERSON COUNTY,TEXAS "CITY" "PORT" By: By: Name: Name: Its: Its: Page 3 of 4 Date: Date: Page 4 of 4 71 IID m z70 CD z Q D G 0 = I— Tr g .,, .-= = O D G rp 7 a Q z • --I ro CD N D Li: . N = w' O C coU N CD 3 cQ 7 j O O 4,4 ma XI 0 713 I / 0 i.9 XP X C, 0 � \ -I 0 0 0/ -ri*I \ 0 I 7 n XIXI _ I C 7v