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HomeMy WebLinkAboutRES 07-243 RESOLUTION NO. 07-243 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 amendment to the Interlocal Agreement with Jefferson County Drainage District No. 6 (DD#6)for the Hayes Gully Drainage Project approved by City Council, Resolution No. 06-176, on June 13, 2006. The agreement as amended is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of August, 2007. May Becky Ames - � w i INTERLOCAL AGREEMENT Amendment to Original Dated June 14, 2006 THE STATE OF TEXAS COUNTY OF JEFFERSON This Interlocal Agreement ("the agreement") is entered into between the City of Beaumont, a municipal corporation of Jefferson County, Texas and State of Texas (hereinafter called "City"), and Jefferson County Drainage District No. 6, a special district of the State of Texas (hereinafter called "District"). Both entities are authorized to enter into interlocal agreements in accordance with Title 7 of the Government Code of the State of Texas (Vernon 1996) Section 791.001 et Seq. The City and the District agree as follows: WITNESSETH The City and the District have agreed to share the workload and cost of the Hayes Gully drainage improvement project on the following basis: 1. The District agrees to provide the manpower and equipment necessary to install seven (7) crossings associated with Hayes Gully. The City will reimburse the District up to, but not to exceed, $50,000 for labor and equipment needed to install crossings at Lucas, Tyler, Taylor, Wilson, Fillmore, Pierce and Buchanan. 2. There is a possibility that the Lucas, Tyler, Wilson and Fillmore crossings can be redesigned to provide a cost savings in material and labor. The District will determine the feasibility of a redesign and be responsible for engineering and redesign of these four(4) crossings. 3. The other three (3) crossings will be constructed as shown on the Hayes Gully plans. 4. The City will provide all of the materials needed for these seven (7) crossings. 5. At the Tyler crossing (which also crosses Cleveland Street), a potential cost savings may be achieved by purchasing a vacant lot on the east side of Cleveland. EXHIBIT "A" Interlocal Agreement Amendment to Original Dated June 14,2006 Page 2 of 4 If the District does purchase this lot, the City will reimburse the District for the acquisition costs incurred. 6. The City will be responsible for coordinating all rip rap, concrete approaches and aprons. Any work the City may request DD6 to complete under this category, will be reimbursed to DD6 for labor and equipment. Ownership of Documents As related to Mitigation Plan Development, the Texas Water Development Board (TWDB) and FEMA shall have unlimited rights to technical or other data resulting from the performance of services under this contract. It is agreed that all reports, drafts of reports, or other material, data, drawings, computer programs and codes associated with this contract and developed by the Consultant shall become the joint property of the Consultant, the District, TWDB, and FEMA. These materials shall not be copyrighted or patented by the Consultant unless the EXECUTIVE ADMINISTATOR of TWDB approves in writing the right to establish copyright or patent; provided, however, that copywriting or patenting by the Consultant will in no way limit TWDB's or FEMA's access to or right to request and receive or distribute data and information obtained or developed pursuant to this contract. Any material subject to TWDB or FEMA copyright and produced by the Consultant, TWDB, or FEMA pursuant to this contract may be printed by the Consultant, or TWDB at their own cost and distributed by either at their discretion. The Consultant may otherwise utilize such material provided under this contract as it deems necessary and appropriate, including the right to publish and distribute the materials or any parts thereof under its own name, provided that any TWDB or FEMA copyright is appropriately noted on the printed materials. State Auditor Clause By executing this Contract, the District accepts the authority of the State Auditor's Office, under direction of the legislative audit committee, to conduct audits and investigations in connection with any and all state funds received pursuant to this contract. The DISTRICT shall comply with and cooperate in any such investigation or audit. The DISTRICT agrees to provide the State Auditor with access to any information the State Auditor considers relevant to the investigation or audit. The DISTRICT also agrees to include a provision in any subcontract related to this contract that requires the DISTRICT to submit to audits and investigation by the State Auditor's Office in connection with any and all state funds received pursuant to the subcontract. Financial Records The DISTRICT and its contracted parties shall maintain satisfactory financial accounting documents and records, including copies of invoices and receipts, and shall make them available Interlocal Agreement Amendment to Original Dated June 14,2006 Page 3 of 4 for examination and audit by the EXECUTIVE ADMINISTRATOR of the BOARD. Accounting by the DISTRICT and its contracted parties shall be in a manner consistent with generally accepted accounting principles. No Debt Against the State This SUBCONTRACT and Agreement shall not be construed as creating any debt by or on behalf of the State of Texas and the BOARD, and all obligations of the State of Texas are subject to the availability of funds. To the extent the performance of this SUBCONTRACT transcends the biennium in which this SUBCONTRACT is entered into, this SUBCONTRACT is specifically contingent upon the continued authority of the BOARD and appropriations therefore. Licenses Permit and Insurance For the purpose of this CONTRACT, the DISTRICT will be considered an independent DISTRICT and therefore solely responsible for liability resulting from negligent acts or omissions. The DISTRICT shall obtain all necessary insurance, in the judgment of the DISTRICT, to protect themselves, the CITY, the BOARD, and employees and officials of the BOARD from liability arising out of this CONTRACT. The DISTRICT shall indemnify and hold the BOARD and the State of Texas harmless, to the extent the DISTRICT may do so in accordance with state law, from any and all losses, damages, liability, or claims therefore, on account of personal injury, death, or property damage of any nature whatsoever caused by the DISTRICT, arising out of the activities under this CONTRACT. Task and Expense Budget Hayes Gully Ditch 0002 Project Task Budget Task 1 Admin Project Mgmt 0 Finalize engineering design and construction bid Task 2 documents 0 Task3 Project Construction $50,000 Total $50,000 To be shown as subcontract expense for City Expense Budget Salaries and Wages $20,000 Fringe& Overhead 7,500 Salaries and Wages(Contract) 0 Interlocal Agreement Amendment to Original Dated June 14,2006 Page 4 of 4 Subcontractor 0 Fuel 0 Equipment 22,500 ROW Land Acquision 0 Materials 0 Security Costs 0 Other Expenses 0 Total $50,000 Executed this day of , 2007. ATTEST: THE CITY OF BEAUMONT By: By: City Clerk City Manager JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 By: Sam O. Smith President i