No preview available
Ordinance No. 16,125 ORDINANCE NO. 16,125 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN AMENDMENT TO THE MEMORANDUM OF AGREEMENT BETWEEN THE GALVESTON BAY FOUNDATION AND THE CITY OF BAYTOWN REGARDING THE BAYTOWN NATURE CENTER OYSTER REEF RESTORATION AND SHORELINE PROTECTION PROJECT; DESIGNATING AN AUTHORIZED REPRESENTATIVE; ASSURING PROPER USE AND MAINTENANCE OF GRANT FUNDS; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED ONE HUNDRED TWENTY THOUSAND, EIGHT HUNDRED FIFTY-SEVEN AND 35`100 DOLLARS ($120,857.35); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************************************** WHEREAS, on September 12, 2019, the City Manager of the City of Baytown (City) accepted a grant in the amount of EIGHTY THOUSAND AND NO.'100 DOLLARS ($80,000.00) from the Natural Resource Trustee Program (NRTP) for the construction of the Baytown Nature Center Oyster Reef Restoration and Shoreline Protection Project (Project); and WHEREAS, on September 1, 2022, the City Manager of the City of Baytown accepted a grant in the amount of NINETY-FIVE THOUSAND AND NO 100 DOLLARS($95,000.00)from the Texas Commission on Environmental Quality (TCEQ) for the construction of the Baytown Nature Center Oyster Reef Restoration and Shoreline Protection Project (Project); and WHEREAS, on April 8, 2020, the City entered into an agreement with the Galveston Bay Foundation to oversee the Project and administer the grants (Agreement); and WHEREAS the Agreement signed on April 8, 2020 needs to be amended and updated; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1: That the recitals set forth hereinabove are hereby found to be true and correct and are hereby adopted. Section 2: That the City Council of the City of Baytown approves the Amendment to the Memorandum of Agreement entered on April 8, 2020, which is attached as Exhibit "A" and is incorporated by reference as if fully set forth herein. Section 3: That the City Council of the City of Baytown hereby authorizes payment to, modifies, and raises the amount not to exceed from the Natural Resource Trustees Program for reimbursement to the Galveston Bay Foundation from TWENTY-SEVEN THOUSAND ONE HUNDRED AND NO 100 DOLLARS ($27,100.00) to FIFTY-TWO THOUSAND NINE HUNDRED FIFTY SEVEN AND 35: 100 DOLLARS ($52,957.35) for work on the Baytown Nature Center Oyster Reef Restoration and Shoreline Protection Project, and authorizes payment thereof. Section 4: That the City Council of the City of Baytown hereby authorizes reimbursement payments from the Texas Commission on Environmental Quality to the Galveston Bay Foundation for additional work on the Baytown Nature Center Oyster Reef Restoration and Shoreline Protection Project, in an amount not to exceed NINETY-FIVE THOUSAND AND NO: 100 DOLLARS ($95,000.00) and authorizes payment thereof. Section 5: That the City Manager is hereby designated as the authorized representative of the City of Baytown for all purposes under the NRTP and TCEQ grants, including the acceptance, affirmation, rejection, alteration, or termination of any grant award that may result from the above grants. Section 6: That in the event of loss or misuse of the grant funds from the Natural Resource Trustee, the City Council of the City of Baytown hereby assures the Natural Resource Trustee Program that such grant funds will be returned to the Natural Resource Trustee Program in full. Section 7: That in the event of loss or misuse of the grant funds from the Texas Commission on Environmental Quality, the City Council of the City of Baytown hereby assures the Texas Commission on Environmental Quality that such grant funds will be returned to the Texas Commission on Environmental Quality in full. Section 8: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 24th day of April, 2025. ARLES JO SON, Mayor TEST: 1;4�Rvl O`000°e000000eo s • e ANGE A A erke ° ° e ° o � 00 °e APPROVED Im `V SCOTT L OND, City Attorney R:%Ordinances and Resolutions'Ordinance Drafts%2025-04-24%Resolution Authorizing Amendment to MOA for Oyster Reef Project-khvh_docx 2 Docusign Envelope ID:3029E91A-7084-48B4-A95E-E4 EXHIBIT "A" AMENDMENT To the MEMORANDUM OF AGREEMENT between GALVESTON BAY FOUNDATION and CITY OF BAYTOWN regarding BAYTOWN NATURE CENTER OYSTER REEF RESTORATION AND SHORELINE PROTECTION PROJECT The above referenced Agreement dated the 8`h day of April 2020 is modified to update the scope of work, include additional reimbursement funds to GBF, and update the points of contact. The Agreement is hereby modified as follows: A. Article I— Scope of Work. is modified to reflect the language below. B. Article IV Agreement Amount from the Natural Resource Trustees is modified and the amount not-to-exceed for reimbursement amount to GBF will be raised from $27,100.00 to$52,957.35. Additionally,the COB received funding in the amount of$95,000.000 from the Texas Commission on Environmental Quality (TCEQ) to implement the Project. The COB will reimburse GBF for additional project management expenses from this new fund as they occur, in an amount not-to-exceed $95,000.00. C. Article VII Communications. is modified to the new contact persons listed below. Article IX- Indemnification is modified to add the following language: "GBF AGREES TO AND SHALL INDEMNIFY AND HOLD HARMLESS AND DEFEND THE CITY,ITS OFFICERS,AGENTS,AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR ALLEGED VIOLATIONS OF CHAPTER 252 OF THE TEXAS LOCAL GOVERNMENT CODE OR THE TEXAS GRANT MANAGEMENT STANDARDS. All other terms and conditions of the original Agreement remain unchanged. ARTICLE I—SCOPE OF WORK GBF's responsibilities will include: • GBF will oversee the administration of the agreement with the NRDA Trustees as well as all subcontract agreements; • GBF will oversee the administration of the agreement with TCEQ as well as all subcontract Page I of Docusign Envelope ID:3029E91A-7084-48B4-A95E-E40E6F62554C agreements; • GBF will prepare design documents for use in the permitting and construction phases of the project; • GBF will prepare all required permit and lease documents to be submitted to the appropriate organizations and agencies; • GBF will serve as the permittee and lease on all project-related permits; • Upon receipt of all approved leases and permits, GBF will coordinate with the COB to procure a construction contractor, schedule the delivery of supplies, and plan volunteer workdays; • GBF will secure and manage associated construction contracts; • Upon completion of construction,GBF will coordinate with the COB to plan one volunteer workday to help with the planting; • Upon completion of construction, GBF will commence three years of post-construction monitoring on all sections of the reef, and • GBF will provide COB with regular progress updates and other information needed to prepare and submit any necessary deliverables as required by the agreement with the NRDA Trustees and the agreement with the TCEQ. • GBF shall comply with Chapter 252 of the Texas Local Government Code and Texas Grant Management Standards involving contracts and vendors for the project. COB's responsibilities will include: • COB will prepare and submit all necessary financial and progress reports to the NRDA Trustees and to the TCEQ; • COB will coordinate with GBF on project related activities. Furthermore, the Parties agree that information gathered from this project can be used for publication, with acknowledgement of the other Party. The Parties agree to share any news releases,published materials,or media articles that result from this data with other Party members. ARTICLE VII—COMMUNICATIONS All communications to GBF under the AGREEMENT must be addressed to the GBF contract manager: Sally Clark Director of Habitat Restoration Galveston Bay Foundation 1725 Highway 146 Kemah, TX 77565 (832) 536-2280 sclark(u galvbay.o Page 2 of Docusign Envelope ID:3029E91A-7084-48B4-A95E-E40E6F62554C All communications to COB under the AGREEMENT must be addressed to the COB contract manager: Tracey Prothro Assistant Director of Parks and Recreation City of Baytown 1724 Market Street Baytown, Texas 77520 281-420-7101 Traced.Prothro(&baytown.org Page 3 of Docusign Envelope ID:3029E91A-7084-48B4-A95E-E40E6F62554C IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date last written below. GALVESTON BAY FOUNDATION D—S,gnad by By: Date: 3/27/2025 Printed Name: Robert stokes Title: President CITY OF BAYTOWN By: Date: Printed Name: Title: Page 4 of 4