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HomeMy WebLinkAboutRES 94-070 RESOLUTION NO. � BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Agreement for Cooperation and Joint Sponsorship Regional Water Study for Portions of Hardin and Jefferson Counties, Texas. The Agreement, attached hereto as Exhibit "A", names the Lower Neches Valley Authority as the lead agency and defines each participants contribution toward the local match monies. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of c/ ) 1994. - Mayor - AGREEMENT FOR COOPERATION AND JOINT SPONSORSHIP REGIONAL WATER STUDY FOR PORTIONS OF HARDIN AND JEFFERSON COUNTIES, TEXAS STATE OF TEXAS COUNTY OF JEFFERSON WHEREAS, the Lower-Neches Valley authority and the undersigned entities, collectively referred to as Parties, wish to cooperate in and provide funding for a joint study ("Study") to prepare a plan for regional water distribution and treatment for portions of Jefferson and Hardin Counties, Texas; and WHEREAS,the Lower-Neches Valley Authority has applied to the Texas Water Development Board ("TWDB"), for planning grant funds on behalf of the Parties and has agreed to serve as the contracting and coordinating agency for the Parties and to provide in-kind services; and WHEREAS, the estimated cost of the Study is $126,000.00; and WHEREAS,the Lower-Neches Valley Authority has applied to the Texas Water Development Board ("TWDB") for a planning grant of$63,000.00 to fund the Study; and WHEREAS, the Parties have agreed to contribute funds to provide for the local share of funding for the Study, said contributions to be in the amounts listed below; Schaumburg & Polk, Inc. 1 of 6 CONSULTING ENGINEERS EXHIBIT "A" Lumberton M.U.D. $-.404.40 Bevil Oaks $ 1.000.00 City of Beaumont $ 20.000.00 Nome $ 1.000.00 City of Nederland $ 1.000.00 China $ 1.000.00 Port Neches $ 1.000.00 West Jefferson WCID $ 1.000.00 City of Groves $ 1.000.00 City of Port Arthur $ 6.000.00 LNVA $ 25.000.00 Kountze $ 1,000.00 Sour Lake $ 1.000.00 I. 1. The Parties mutually agree upon the selection of qualified consultants ("Consultants") to conduct, prepare and present the Study. 2. The Parties agree with the scope of work which is attached hereto as Exhibit "A". The Parties will mutually agree upon any changes to the scope of work. Each Party will participate in all progress meetings with the Consultants. Il. The Parties hereto agree that the Lower-Neches Valley Authority will serve as the contracting and coordinating agency for the Study. The Lower-Neches Valley Authority is authorized to accept, hold and disburse funds for the Study. III. 1. The funding for the Study is as follows: The Parties will provide funds and in-kind services as agreed and TWDB will provide $63,000.00. Payments from the Parties will be made to the Lower-Neches Valley Authority in accordance with a schedule to be agreed to. Payments to the Lower-Neches Valley Authority by the Parties will be made in a timely Schaumburg & Polk, Inc. 2 of 6 CONSULTING ENGINEERS manner so that funds will be available at least seven days prior to the date of proposed disbursement by the Lower-Neches Valley Authority. The Parties are committed to the full payment of their obligations and provision of in-kind services as agreed; 2. The Study is contingent upon receipt of the TWDB grant in the amount of $63,000.00. Lower Neches Valley Authority's liability under this contract is for the total amount of its contribution only, i.e. $25,000 in cash or in kind services. IV. The Parties hereto agree that the Consultant(s) selected, his employees and subcontractors, will be independent contractors and not employees of any of the Parties hereto. A contract with the Consultant(s) for the Study will be subject to approval by TWDB and the Parties. V. The Study report and any data or product of such data will be the joint property of all the Parties hereto and any Party may utilize such report and data and product of such data in any manner deemed necessary at the Party's sole discretion. Until the report is complete, the Parties must unanimously agree before any information or data that is developed in the course of the Study is released to the public. IV. This agreement may be amended with the mutual agreement of the Parties. This agreement shall be effective until the completion of Study and its final acceptance by TWDB. Each person executing this agreement on behalf of a Party represents that he or she is a duly authorized officer of such Party. Schaumburg & Polk, Inc. 3 of CONSULTING ENGINEERS WHEREFORE, witness our signatures binding the respective Parties this the _ day of 1994. ATTEST CITY OF NEDERLAND ATTEST CITY OF PORT NECHES ATTEST CITY OF GROVES ATTEST LNVA ATTEST CITY OF BEAUMONT Schaumburg & Polk, Inc. 4 of 6 CONSULTING ENGINEERS ATTEST KOUNTZE ATTEST SOUR LAKE ATTEST CHINA ATTEST BEVIL OAKS ATTEST NOME ATTEST LUMBERTON M.U.D. Schaumburg & Polk, Inc. 5 Of 6 CONSULTING ENGINEERS ATTEST WEST JEFFERSON COUNTY MUNICIPAL WATER DISTRICT ATTEST CITY OF PORT ARTHUR Schaumburg & Polk, Inc. 6 of 6 CONSULTING ENGINEERS