HomeMy WebLinkAboutPR 24727: MOU WITH TEXAS A&M UNIVERSITY-CORPUS CHRISTI, HARTE RESEARCH INSITUTE FOR GULF OF MEXICO STUDIES AND PA TO INDENTIFY BEST PRACTICES FOR FLOODPLAIN AND WATER POLLUTION FOR PA AND PLEASURE ISLAND 4*V e
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www.Po rtArt h u rTx.gov
INTEROFFICE MEMORANDUM
Date: January 20, 2026
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: George Davis, Director of Pleasure Island
RE: P. R. No. 24727—Memorandum of Understanding(MOU)between the Texas A&M
University—Corpus Christi, on behalf of its Harte Research Institute for Gulf of Mexico
Studies and the City of Port Arthur to identify best practices for floodplain and water pollution
management in the City of Port Arthur, Texas, including Pleasure Island.
Introduction:
The intent of this agenda item is to seek the City Council's authorization to enter into a Memorandum of
Understanding (MOU) with the Texas A&M University — Corpus Christi, on behalf of its Harte Research
Institute for Gulf of Mexico Studies and the City of Port Arthur to identify best practices for floodplain and
water pollution management in the City of Port Arthur, Texas, including Pleasure Island.
Background:
An MOU is required to establish a partnership between the Texas A&M University—Corpus Christi, on behalf
of its Harte Research Institute for Gulf of Mexico Studies and the City of Port Arthur to establish a collaborative
working partnership to develop the policies, plans and critical infrastructure needed in coastal communities to
assist with managing economic and environmental risks associated with coast hazards.
Budget Impact:
None
Recommendation:
It is recommended that the City Council authorize the Memorandum of Understanding with the Texas A&M
University—Corpus Christi, on behalf of its Harte Research Institute for Gulf of Mexico Studies and the City
of Port Arthur to identify best practices for floodplain and water pollution management in the City of Port
Arthur, Texas, including Pleasure Island.
"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. 24727
1/20/26 gd
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A MEMORANDUM OF UNDERSTANDING (MOU) WITH
TEXAS A&M UNIVERSITY — CORPUS CHRISTI, ON BEHALF OF
ITS HARTE RESEARCH INSTITUTE FOR GULF OF MEXICO
STUDIES, OF CORPUS CHRISTI, TEXAS, TO IDENTIFY BEST
PRACTICES FOR FLOODPLAIN AND WATER POLLUTION
MANAGEMENT IN THE CITY OF PORT ARTHUR, TEXAS,
INCLUDING PLEASURE ISLAND.
WHEREAS, Texas A&M University — Corpus Christi, on behalf of its Harte Research
Institute for Gulf of Mexico Studies is an agency of the State of Texas and a member of The Texas
A&M System with a desire to collaboratively identify best practices for floodplain and water
pollution management in the City of Port Arthur, Texas, including Pleasure Island; and
WHEREAS, the agency would like to develop an effective organizing framework to
enhance cooperation and coordination between both parties; and
WHEREAS, Texas A&M University — Corpus Christi, on behalf of its Harte Research
Institute for Gulf of Mexico Studies is hereby requesting the City Council's approval in
collaborating to develop the policies, plans and critical infrastructure needed in coastal
communities to assist with managing economic and environmental risks associated with coast
hazards; and
WHEREAS, Texas A&M University — Corpus Christi, on behalf of its Harte Research
Institute for Gulf of Mexico Studies find that efforts under this MOU shall serve to benefit the
water quality in the surrounding waters of the City; and
WHEREAS, no direct funds are to be committed by the City or required on behalf of the
City in the fulfillment of this MOU; and
WHEREAS, this MOU commences on the Effective Date through September 30, 2027,
with an option to renew an additional two (2) years (the "Term"), unless sooner terminated as
P. R.24727
1/20/26 gd
provided herein. Initial Term with renewal(s) may not exceed a final expiration date of no later
than September 30, 2029; and
WHEREAS, Either Party may terminate this MOU effective upon thirty (30)days'written
notice to the other Party. Either Party may terminate this MOU effective upon written notice to the
other Party if the other Party materially breaches any term of this MOU and fails to cure such
breach within ten(10) days after receiving written notice of the breach; 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 hereby authorizes the City Manager to enter into a
Memorandum of Understanding between the Texas A&M University—Corpus Christi, on behalf
of its Harte Research Institute for Gulf of Mexico Studies and the City of Port Arthur, in
substantially the same form attached hereto as Exhibit"A"; 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 , 2026 at a
Regular Meeting of the City of Port Arthur, Texas by the following vote:
AYES: (Mayor) •
Councilmembers:
Noes:
P.R. 24727
1/20/26 gd
Charlotte M. Moses
Mayor
ATTEST: APPROVED AS TO FORM:
Sherri Bellard Roxann Pais Cotroneo
City Secretary City Attorney
APPROV,, : OR ADMINISTRATION:
‘1P416•1.-- -
Ronald Burton George avis, MA, CPM
City Man. _-r Director of Pleasure Island
APPROVED AS TO THE AVAILABILITY OF FUNDS:
Lynda(Ly well, MA, ICMA-CM Clifton E. Williams, Jr.,
Director of Finance Purchasing Manager
P. R. 24727
1/20/26 gd
Exhibit "A"
it44
w TEXAS A&M UNIVERSITY
`ORPUS CHRISTI
Memorandum of Understanding
This Memorandum of Understanding ("MOU") is entered into and shall become effective
final signature (the "Effective Date"), by and between Texas A&M University - Corpus Christi
("TAMU-CC") on behalf of its Harte Research Institute for Gulf of Mexico Studies ("HRI"), an
agency of the State of Texas and a member of The Texas A&M University System, and the City of
Port Arthur, Texas ("Collaborator" and/or "City"). Member and Collaborator are sometimes
hereafter referred to as "Party" individually and as "Parties" collectively.
This MOU consists of two articles. Article 1 is a non-binding portion of this MOU containing the
general understandings and intentions of the Parties. Article 2 contains terms to which the Parties
agree to be bound. The Parties agree as follows:
Article 1
1.1 This Article 1 is not intended to be legally binding on either Party.
1.2 The Parties desire to collaboratively identify best practices for floodplain and water pollution
management in the City of Port Arthur, Texas, including Pleasure Island, and develop an
effective organizing framework to enhance cooperation and coordination between both
parties.
1.3 HRI has a contract with Texas General Land Office dated September 27,2024(GLO Contract
No. 24-099-002-E376) titled "The Clean Coast Texas Collaborative, Years 5 and 6". This
MOU between TAMU-CC/HRI and the City of Port Arthur, Texas supports GLO Contract
No. 24-099-002-E376 in collaborating to develop the policies, plans, and critical
infrastructure needed in coastal communities to assist with managing economic and
environmental risks associated with coastal hazards. HRI and the City find that the Texas
General Land Office, Clean Coast Texas Collaborative program shall serve as the platform
for this MOU. HRI and the City find that efforts under this MOU shall serve to benefit the
water quality in the surrounding waters of City.
1.4 No direct funds are to be committed by the City or required on behalf of the City in the
fulfillment of this MOU.
1.5 HRI,through the Clean Coast Texas Collaborative, intends to:
1.5.1 Provide services, staff, and resources to City elected officials, staff, homeowners,
businesses, residents and other stakeholders to support best practices for a
comprehensive suite of hydrologic and water quality improvements which may include
benefits to floodplain management, stormwater management, point source and
nonpoint source water pollution management.
MOU between TAMU-CC and the City of Port Arthur, (OGC template effective 10/5/23)
Texas Clean Coast Texas (updated 11/3/23)
Page 1 of 6
1.5.2 Deliver workshops, planning services, and/or presentations to the City which may
include: sustainable stormwater management,water pollution management, floodplain
management, regulatory and non-regulatory approaches to protect water resources,
comprehensive planning/smart growth, and/or community resilience at times and
locations mutually agreed to by HRI and the City.
1.5.3 Provide technical assistance to the City which may include: engineering strategies
and/or engineering design services that address water pollution and seek sustainable
stormwater management solutions.
1.5.4 Provide assistance to the City in pursuit of strategic funding and financing services that
support The Clean Coast Texas Collaborative goals for water pollution and sustainable
stormwater management.
1.5.5 Facilitate information sharing and new partnerships for the City that promote water
pollution management education, training and management.
1.6 Collaborator intends to:
1.6.1 Share publicly available information and data with HRI that will aid in the evaluation
or development of future water pollution management and Clean Coast Texas
Collaborative projects and programs, upon request.
1.6.2 Respond in a timely manner to communication between HRI through its key staff
members to support the development and implementation of Clean Coast Texas
Collaborative projects and initiatives within the City.
1.6.3 Facilitate opportunities for TAMU-CC through its HRI to provide Clean Coast
Texas Collaborative updates /reports/actions/approvals to City Council and/or other
City sponsored committees, boards, commissions, etc. as mutually agreed to by HRI
and the City.
1.6.4 Consider the formal adoption of all or selected sections of: GUIDANCE FOR
SUSTAINABLE STORMWATER DRAINAGE ON THE TEXAS COAST (For
Nonpoint Source Pollution and Flood Management).
1.6.5 Consider new ordinance(s) or selected revisions to existing ordinance(s) that address
water pollution and/or flood management while promoting the goals of both the City
and HRI through the Clean Coast Texas Collaborative.
1.6.6 Assist HRI with the development of grant applications and other financial strategies in
support of future Clean Coast Texas Collaborative projects,programs and/or initiatives
that demonstrate clear benefits to the City.Assistance from the City may include letters
of support, resolutions,project reports, financial reports, other documents, etc.
MOU between TAMU-CC and the City of Port Arthur, (OGC template effective 10/5/23)
Texas Clean Coast Texas (updated 11/3/23)
Page 2 of 6
Article 2
2.1 This Article 2 is intended to be legally binding on the Parties.
2.2 Each Party acknowledges that neither Party will have any legal rights or obligations as to the
understandings and intentions in Article 1, and neither Party should or may take any action
or fail to take any action in detrimental reliance on Article 1.
2.3 Nothing in this section precludes the provisions of the Texas Public Information Act. The
Parties anticipate that under this MOU it may be necessary for a Party(the"Disclosing Party")
to transfer information of a confidential nature("Confidential information")to the other Party
(the "Receiving Party"). The Disclosing Party shall clearly identify Confidential information
at the time of disclosure by(i)appropriate stamp or markings on the document exchanged, or
(ii)written notice,with attached listings of all material,copies of all documents,and complete
summaries of all oral disclosures(under prior assertion of the confidential nature of the same)
to which each notice relates, delivered within thirty (30) days of the disclosure to the other
Party.
(a) "Confidential information"does not include information that: (i)is or becomes publicly
known or available other than as a result of a breach of this MOU by the Receiving
Party; (ii) was already in the possession of the Receiving Party as the result of
disclosure by an individual or entity that was not then obligated to keep that information
confidential; (iii) the Disclosing Party had disclosed or discloses to an individual or
entity without confidentiality restrictions; or(iv)the Receiving Party had developed or
develops independently before or after the Disclosing Party discloses equivalent
information to the Receiving Party.
(b) The Receiving Party shall use the same reasonable efforts to protect the Disclosing
Party's Confidential information as it uses to protect its own confidential information
of a similar nature. The Receiving Party may use Confidential information only for the
Purpose under this MOU and may disclose Confidential information only to its
directors, regents, officers, employees, agents, consultants, advisors, or other
representatives("Representatives")having a need to know the Confidential information
for the Purpose, provided that they are subject to confidentiality obligations not less
restrictive than those set forth herein,and that the Receiving Party remains responsible
for its Representatives' compliance with such obligations.
(c) If the Receiving Party is legally required to disclose Confidential information, the
Receiving Party shall,to the extent allowed by law,promptly give the Disclosing Party
written notice of the requirement so as to provide the Disclosing Party with a
reasonable opportunity to pursue appropriate process to prevent or limit the disclosure.
If the Receiving Party complies with the terms of this Section,disclosure of that potion
of the Confidential information, which the Receiving Party is legally required to
disclose,will not constitute a breach of this MOU.
MOU between TAMU-CC and the City of Port Arthur, (OGC template effective 10/5/23)
Texas Clean Coast Texas (updated 11/3/23)
Page 3 of 6
(d) The Receiving Party shall, upon request of the Disclosing Party, promptly return or
destroy all materials embodying Confidential Information other than materials in
electronic backup systems or otherwise not reasonably capable of being readily located
and segregated without undue burden or expense, except that the Receiving Party may
securely retain one(1)copy in its files solely for record purposes.The Receiving Parry's
obligations as to Confidential Information will survive the termination or expiration of
this MOU for a period of three (3)years.
2.4 Each Party acknowledges that all rights in any trademarks, service marks, slogans, logos,
designs, and other similar means of distinction associated with that Party (its "Marks"),
including all goodwill pertaining to the Marks, are the sole property of that Party. Neither
Party may use the Marks of the other without the advance written consent of that Party,except
that each Party may use the name of the other Party in factual statements that, in context, are
not misleading or imply an endorsement by that Party or its employees. The Parties will
mutually agree in advance upon any public announcements, or communications to the media
regarding this MOU to be provided pursuant to this MOU.
2.5 Each Party shall be responsible for its own costs,risks,and liabilities as a result of its activities
under this MOU without expectation of reimbursement from the other Party. There will be no
exchange of funds or other resources among the Parties.
2.6 This MOU commences on the Effective Date through September 30, 2027, with an option to
renew an additional two (2)years (the "Term"),unless sooner terminated as provided herein.
Initial Term with renewal(s) may not exceed a final expiration date of no later than
September 30, 2029.
Should GLO Contract No. 24-099-002-E376 terminate during any period that this MOU is in
effect due to loss of funding or GLO determines that the Grant Project has been completed in
their estimation and terminates Contract No.24-099-002-E376,TAMU-CC or HRI will notify
the City immediately and this MOU will automatically terminate effective upon GLO
Contract termination
Either Party may terminate this MOU effective upon thirty (30) days' written notice to the
other Party. Either Party may terminate this MOU effective upon written notice to the other
Party if the other Party materially breaches any term of this MOU and fails to cure such breach
within ten(10) days after receiving written notice of the breach.
2.7 Each Party shall conduct all activities in connection with this MOU in compliance with all
applicable federal, state, and local laws,rules, and regulations.
2.8 The validity of this MOU and all matters pertaining to this MOU, including but not limited
to, matters of performance, breach, remedies, procedures, rights, duties, interpretation or
construction, shall be governed and determined in accordance with the laws of the State of
Texas. Pursuant to Section 85. 1 8(b), Texas Education Code, mandatory venue for all legal
proceedings against TAMU-CC is to be in the county in which the principal office of TAMU-
CC's governing officer is located.
MOU between TAMU-CC and the City of Port Arthur, (OGC template effective 10/5/23)
Texas Clean Coast Texas (updated 11/3/23)
Page 4 of 6
2.9 Any notice required or permitted under this MOU must be in writing and in English, and is
deemed given: (a)three(3)business days after it is deposited and post-marked with the United
States Postal Service, postage prepaid, certified mail, return receipt requested, (b) the next
business day after it is sent by overnight carrier, (c) on the date sent by email transmission
with electronic confirmation of receipt by the party being notified, or (d) on the date of
delivery if delivered personally. Parties can change their respective notice address by sending
to the other Party a notice of the new address. Notices should be addressed as follows:
(a) TAMU-CC: Greg Stunz, Senior Executive Director
Harte Research Institute
6300 Ocean Drive,Unit 5869
Corpus Christi,Texas 78412
Email: greg.stunz@tamucc.edu
With an electronic copy to: Texas A&M University-Corpus Christi
Attn: Contracts Administration
Email: contracts@,tamucc.edu
(b) Collaborator: Ronald Burton
City Manager
444 4t Street,Port Arthur,TX 77640
shanell.perkins(&,portarthurtx.gov
2.10 This MOU is not intended to create a partnership or joint venture between the Parties.Neither
party may bind the other or otherwise act in any way as the representative of the other,unless
specifically authorized, in advance and in writing, to do so, and then only for the limited
purpose stated in such authorization.
2.11 This MOU contains the entire understanding of the Parties as to its subject matter and
supersedes all other written and oral agreements between the Parties as to that subject matter.
2.12 This MOU is assignable only with the written consent of both Parties.
2.13 Each provision of this MOU is severable.If any provision is rendered invalid or unenforceable
by statute or regulations or declared null and void by any court of competent jurisdiction,the
remaining provisions will remain in full force and effect if the essential terms of this MOU
remain valid, legal, and enforceable.
2.14 Neither Party is liable or responsible to the other Party for any loss or damage or for any
delays or failure to perform under this MOU due to causes beyond its reasonable control,
including,but not limited to, acts of God, employee strikes, epidemics,war, riots, flood, fire,
sabotage, terrorist acts or any other circumstances of like character (force majeure
occurrence).
2.15 Member is an agency of the State of Texas and under the Constitution and the laws of the
State of Texas possesses certain rights and privileges, is subject to certain limitations and
restrictions, and only has authority as is granted to it under the Constitution and the laws of
MOU between TAMU-CC and the City of Port Arthur, (OGC template effective 10/5/23)
Texas Clean Coast Texas (updated 11/3/23)
Page 5 of 6
the State of Texas. Collaborator expressly acknowledges that Member is an agency of the
State of Texas and nothing in this MOU will be construed as a waiver or relinquishment by
Member of its right to claim such exemptions, remedies, privileges, and immunities as may
be provided by the Constitution and the laws of the State of Texas.
2.16 Prior to performing any specific projects or work contemplated by this MOU,the Parties will
enter into a separate agreement containing definitive statements of work and associated
budgets. Notwithstanding the foregoing, this MOU does not bind the Parties to negotiate or
consummate any such later agreement(s).
Each Party enters into this MOU as of the Effective Date.
Texas A&M University-Corpus Christi City of Port Arthur, Texas
By: By:
Catherine Rudowsky Ronald Burton
Provost&VP for Academic Affairs City Manager
Dated: Dated:
Recommended by:
By:
Michael Wetz
HRI Endowed Chair
Coastal Ecosystem Processes
Dated:
MOU between TAMU-CC and the City of Port Arthur, (OGC template effective 10/5/23)
Texas Clean Coast Texas (updated 11/3/23)
Page 6 of 6