HomeMy WebLinkAboutPR 23595: MOU (RATES), AND THE CITY OF PA TO ADDRESS COASTAL MANAGEMENT PLAN GOALS City of
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www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: February 2, 2024
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: George Davis, Director of Pleasure Island
RE: P. R. No. 23595 —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, the 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, 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.
Pursuant to Resolution No. 21-444, the Council authorized the City of Port Arthur to enter into
an MOU with RATES for twenty-four months. The MOU has expired and RATES, Inc. is
requesting for the City to enter into a new MOU with a new term period of 72 months to continue
addressing coastal management plan goals with no budgetary impact.
"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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Budget Impact:
Funding has been granted by the General Land Office (GLO) to RATES, Inc. There will be no
budgetary impact on the City's funds.
Recommendation:
It is recommended that the 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. 23595.
"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. 23595
2/2/24 gd
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER 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 WITH NO BUDGETARY
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,pursuant to Resolution 21-351,the City Council authorized the installation of
the high-frequency radar network at the Pleasure Island pier to continuously measure surface
current with real-time access to the surface current maps on the National Oceanic and Atmospheric
Administration' s (NOAH)high frequency radar national data buoy centers; and,
WHEREAS, pursuant to Resolution 21-444, the City Council authorized the City of Port
Arthur to enter into a memorandum of understanding (MOU) with RATES of Edinburg, Texas to
address coastal management plan goals,which include the protection,preservation,and restoration
of the quality,quantity,and function of the State's estuaries goals with a term period of 24 months;
and
WHEREAS,the MOU has expired and RATES, Inc. is requesting for the City to enter into
a new MOU with a new term period of 72 months to continue addressing coastal management plan
goals with no budgetary impact; 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.
P.R.23595
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Section 2. That the City Council hereby authorizes the City Manager to enter into a
Memorandum of Understanding between RATES,Inc. and the City of Port Arthur,in substantially
the same form attached hereto as Exhibit "A", to continue addressing coastal management plan
goals at no budgetary cost to the City; and,
Section 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 , 2024 at a
Regular Meeting of the City of Port Arthur, Texas by the following vote:
AYES: (Mayor)
Councilmembers:
Noes:
Thurman Bill Bartle
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
latkay
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q
City Attorney
P. R. 23595
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APPROVED AS TO ADMINISTRATION:
Ron Burton
City Manager
George Davis
Director of Pleasure Island
APPROVED AS TO AVAILABILITY OF FUNDS:
(4, ) -
LyndaBoswell
Director of Finance
Clifton Williams, CPPB
Purchasing Manager
P. R. 23595
2/2/24 gd
Exhibit "A"
MOU: City of Port Arthur and RATES January 22, 2024
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
subrecipient 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" scheduled to end in March 2024. Under the RATES subaward
agreement (226551061 B) 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.
WHEREAS, RATES is the owner and the party responsible for the HF radar equipment installed
and operated in the City of Port Arthur pursuant to CITY Resolution 21-444.
Now,therefore,RATES and CITY enter into this MOU to continue a mutually beneficial working
relationship providing 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;afid as well as providing support for search and rescue operations.
1.0 PURPOSE
The purpose of the MOU between the CITY and RATES is to maintain the partnership between
and among RATES and CITY to enable continued operation of a High Frequency Radar Network
on Sabine Lake that has this past year been operational collecting near-real time surface current
data, available on National Data Buoy Center HF Radar server at https://hfradar.ndbc.noaa.gov/
Page 1 of 5
MOU: City of Port Arthur and RATES January 22,2024
2.0 COLLABORATION
RATES and CITY will, at no financial cost to either Party, continue 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;
b) Provide access to the CITY properties at:
600 Pleasure Pier Blvd.
Port Arthur, Texas
c) Authorize the continued 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,remain 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 renewal deadline (May 18, 2024) 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.
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MOU: City of Port Arthur and RATES January 22, 2024
5.0 COORDINATORS
Each Party shall designate a coordinator to oversee and facilitate the implementation of the MOU.
For RATES: Christopher Fuller, Ph.D.
Chief Operations Officer
P.O. Box 697
Edinburg,TX 78540
(518) 570-4078
cfuller@office.ratesresearch.org
For City of Port Arthur: City of Port Arthur, TX
Flozelle Roberts
Director of Public Works
444th Street
Port Arthur,TX 77640
(409) 983-8140
flozellesoberts@portarthultx.gov
The coordinators, working in conjunction with the 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 email 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 is not intended to be legally binding nor is it 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 an 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 obligations of the Parties established under this MOU.
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.
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MOU: City of Port Arthur and RATES January 22, 2024
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.
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
This 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. Parties further understand that,
apart from the insurance policies contemplated in Section 3.0, neither 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 of 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 not less than 72
months unless terminated earlier by either party, or if the HF Radar installation in the City
becomes subject to operation and maintenance funding from the National Oceanic and
Atmospheric Administration, this MOU will remain in effect until such funding expires. Such
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MOU: City of Port Arthur and RATES January 22, 2024
termination by one party will be effective by giving the other party at least thirty 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.
EXECUTED by the CITY and RATES in duplicate copies, each of which will be deemed an
original.
EXECUTED the day of , 2024 by RATES, by its duly authorized agent
and evidenced below.
"CITY" CITY of Port Arthur
By:
Ronald Burton
City Manager
ATTEST:
By:
Sherri Bellard
City Secretary
EXECUTED the day of , 2024 by RATES, by its duly authorized agent
and evidenced below.
"RATES" Research. Applied Technology, Education. And Services
By:
Andrew N. Ernest,P.E., PhD.
President and CEO of RATES
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