HomeMy WebLinkAboutPR 23557: (MOA) LAMAR UNIVERSITY AND THE CITY OF PORT ARTHUR TO ADDRESS COASTAL MANAGEMENT PLAN GOALS C'irttti n/
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www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: January 12, 2024
To: The Honorable Mayor and City Council
Through: Ronald Burton, CPM, City Manager
From: Flozelle C. Roberts, EIT, MEng, MBA, CPM, Director of Public Work
RE: P. R.No. 23557—Memorandum of Agreement (MOA) Lamar Universit and
the City of Port Arthur to address Coastal Management Plan Goals
Introduction:
This agenda item seeks the City Council's authorization to enter into a Memorandum of
Agreement(MOA)with Lamar University of Beaumont, Texas, to install and monitor.
Background:
The Department of Energy awarded Lamar University's Center for Resiliency a grant for the
Southeast Texas Urban Integrated Field Laboratory(SETx-Urban IFL)project,which will install
and monitor AWARE flood sensor equipment throughout southeast Texas, including Port
Arthur.The equipment will be a part of a public/private network of sensors throughout the region
that will also serve as rain gauges.
At its August 29, 2023, meeting, the Council authorized participation in the project following a
presentation by the project manager. Staff met with project representatives over the next two
months to determine the proposed locations for the project's remaining sensors.
A Memorandum of Agreement (MOA) is required to establish a partnership between Lamar
University and the City of Port Arthur to participate in the project and receive regional data via
an online dashboard. Lamar University requests a four-year period for this MOA,with the option
to renew for three (3) additional periods.
Lamar University will own and maintain the sensors within the City's right-of-way for the
duration of the project and after the project's completion. The sensors will remain at the
"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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approved locations in perpetuity following the project's culmination unless the City provides
Lamar University with a 90-day notice to terminate the agreement.
Budget Impact:
Funding has been granted by the Department of Energy to Lamar University's Center for
Resiliency. There will be no budgetary impact on the City's funds.
Recommendation:
The City Council is recommended to authorize the Memorandum of Agreement with Lamar
University's Center for Resiliency of Beaumont, Texas, to establish a partnership to improve
early flood warning alerts by using the AWARE flood sensor equipment within the City.
"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.23557
01/12/2024 FCR
Page 1 of 3
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY OF PORT ARTHUR
TO ENTER INTO A MEMORANDUM OF AGREEMENT (MOA)
WITH LAMAR UNIVERSITY'S CENTER FOR RESILIENCY OF
BEAUMONT,TEXAS,TO IMPROVE EARLY FLOOD WARNING
ALERTING. THERE WILL BE NO FUNDING IMPACT.
WHEREAS, Lamar University's Center for Resiliency of Beaumont, Texas,was awarded
a grant from the Department of Energy to implement the AWARE flood sensor systems project;
and,
WHEREAS, at its August 29, 2023, meeting, the City Council authorized participation in
the project following a presentation by the project manager, and staff met with project
representatives over the next two months to determine the proposed locations for the project's
remaining sensors; and,
WHEREAS, a memorandum of agreement (MOA), Exhibit A, is required to establish a
partnership between Lamar University and the City of Port Arthur to participate in the project and
receive regional data via an online dashboard; and,
WHEREAS, Lamar University requests a four-year period for this MOA, with the option
to renew for three (3) additional periods; and,
WHEREAS, Lamar University will own and maintain the sensors within the City's right-
of-way for the duration of the project and after the project's completion; and,
WHEREAS,the sensors will remain at the approved locations in perpetuity following the
project's culmination unless the City provides Lamar University with a 90-day notice to terminate
the agreement; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
P. R.23557
01/12/2024 FCR
Page 2 of 3
THAT,the facts and opinions in the preamble are true and correct; and,
THAT,the City Council hereby authorizes the memorandum of agreement between Lamar
University and the City of Port Arthur to establish a partnership to improve early flood warning
alerts by using the AWARE flood sensor equipment within the City; and,
THAT, funding for the project will be borne by the project's grant awardee; and,
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.
2024, at a meeting of the City of Port Arthur, Texas, by the following vote:
AYES: Mayor
Councilmembers:
Noes:
Thurman Bill Bartie
Mayor
ATTEST:
Sherri Bellard, TRMC
City Secretary
P. R.23557
01/12/2024 FCR
Page 3 of 3
APPROVED AS TO FORM:
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Valecia R. Ti eno, Esq.
City Attorney
APPROVED FOR ADMINISTRATION:
Ronald Burton, CPM
City Manager
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Dinof Pu li orks
P. R. 23557
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 30th
day of January 2024 between Lamar University("UNIVERSITY"),a member of The Texas State University
System and an institution of the State of Texas with its business operations located at 4400 S M L King
Pkwy.,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 improve early flood warning
alerting by installing AWARE flood sensor equipment in the City of Port Arthur.
AWARE flood sensor equipment(hereinafter AWARE sensor)includes the transmitter,rain tipping bucket,
water level transducer,camera,any attached wiring,conduit,junction boxes,electrical tape,zip-ties,metal
stakes,mounting supports,posts,brackets,and all other miscellaneous hardware used to fasten the
equipment.The transmitter is mounted to a post or flat surface that is anchored to the ground.The rain
tipping bucket is mounted to threaded rod that is connected to a post.The water level transducer,rain tipping
bucket,and camera are connected to the transmitter.The water level transducer measures water level and is
housed inside of a junction box and placed at low spots including ditches,streams,ponds,or catchment
basins,other bodies of water.The wiring is protected by flexible or rigid conduit.The conduit is stabilized
with metal stakes that are anchored into the ground.The data collected (water level,rain increment,
temperature,pressure,and camera images) are transmitted to a data repository.
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.Participation in the Department of Energy sponsored project: Southeast Texas Urban Integrated
Field Laboratory(SETx Urban IFL)
2. Site selection,installation,and maintenance of AWARE flood sensor systems.
3. Commitment to the proposed activities listed in Article 2.3
4. Seek additional opportunities through stakeholder engagement.
2.2 Participating parties:
1. City of Port Arthur
2.Lamar University—through the Center for Resiliency(CfR)
2.3 Activities and commitments listed below include,but are not limited to:
1. City of Port Arthur:
• Commits to granting identified project parties'access to City of Port Arthur property for all
work required by the scope of the project.
• Commits to hold and maintain all permits,real estate easements,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 with site selection,AWARE sensor installation,and site maintenance.
3.Lamar University—Center for Resiliency
• Commits to purchasing AWARE sensors and pay for recurring maintenance fees.
• Commits to installing and maintaining AWARE sensors.
• Commits to provide access to AWARE sensor data via a web dashboard (flashflood.info and
SRA setexasrain.org) to all the parties involved in the project.
• Commits to sharing the AWARE sensor data with Federal and State Agencies (National
Weather Service and Texas Department of Transportation).
ARTICLE 3:DURATION AND EVALUATION
3.1 This MOA shall be in effect for a period of 4 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 of both parties.
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 University will own the AWARE sensors both throughout this agreement and after the
completion of this agreement.
4.3 At the conclusion of this Agreement,all the AWARE sensors will remain at the site locations.
4.4 If the AWARE sensors are to be removed from a site location,notice must be given to both the
University and Company at least 90 days prior to the removal date.
4.5 Points of Contact
1. City of Port Arthur:
Flozelle C.Roberts
Director of Public Works
(409)—983-8501
flozelle.roberts@portarthurtx.gov
2.Lamar University—through the Center for Resiliency(CfR):
Nicholas Brake
Associate Professor
(409)-880-8665
nbrake@lamar.edu
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 Institutions may refer
to the other in public information materials regarding the relevant collaboration provided such materials are
preapproved in writing by the designated official of the other.Partnering Institutions may refer to the
affiliation with the other in 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 information 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
Jerry Lin DDate:I2023.10 02Y10:8:0-0500.
Associate Provost for Research&Sponsored Programs,Jerry Lin
DATE: 10/2/23