Ordinance No. 14,613ORDINANCE NO. 14,613
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AN AGREEMENT WITH THE BAY AREA COASTAL
PROTECTION ALLIANCE FOR COMPLETION OF A FINANCE STUDY RELATED
TO THE REGIONAL COASTAL BARRIER SYSTEM; AUTHORIZING PAYMENT
BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWELVE
THOUSAND FIVE HUNDRED AND NO1100 DOLLARS ($12,500.00); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and
directs the City Manager to execute and the City Clerk to attest to an Agreement with the Bay Area
Coastal Protection Alliance for Completion of a Finance Study related to the Regional Coastal Barrier
System. A copy of said agreement is attached hereto as Exhibit "A" and incorporated herein for all
intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to Bay Area
Coastal Protection Alliance in an amount not to exceed TWELVE THOUSAND FIVE HUNDRED AND
NO!100 DOLLARS ($12,500.00) in accordance with the agreement authorized in Section 1 hereinabove.
Section 3: That the City Manager is hereby granted general authority to approve a decrease
or an increase in costs by FIFTY THOUSAND AND NO.' 100 DOLLARS ($50,000.00) or less, provided
that the amount authorized in Section 2 hereof may not be increased by more than twenty-five percent
(25°•b).
Section 4: 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 10"' day of December, 2020. �
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APPROVED AS TO FORM: ,►%
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KAREN L. HOMER, City Attorney
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Exhibit "A"
AGREEMENT WITH THE BAY AREA COASTAL PROTECTION ALLIANCE
FOR COMPLETION OF A FINANCE STUDY
RELATED TO THE REGIONAL COASTAL BARRIER SYSTEM
STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement ("Agreement') is entered into between the City of Baytown ("City") and the Bay
Area Coastal Protection Alliance ("Organization"), collectively referred to as the "Parties" on the date set
forth below.
RECITALS
WHEREAS, on September 13, 2008, Hurricane Ike caused devastation and destruction across the
Houston -Galveston region with massive flooding from storm surge waters, with Galveston Island and the
Bolivar Peninsula being the hardest hit areas; and
WHEREAS, the City Council has been asked to provide funding to the Organization for
completion of a finance study related to the regional coastal barrier system.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the parties hereto hereby agree to the following terms.
TERMS
1. Recitals. The above -listed recitals are true and correct and are hereby incorporated into this
Agreement.
2. Term. The term of this Agreement shall commence upon execution of this Agreement and
terminate upon the completion of the financial study described in Section 3 of this Agreement.
3. Scope of Work. The Organization shall create or cause to be created a financial study of the
coastal barrier project, which is further described in Exhibit A, attached and incorporated herein.
The Organization will provide the City a copy the final financial report referenced in Exhibit A.
4. Compensation. The City shall provide up to TWELVE THOUSAND FIVE HUNDRED AND
NO'100 DOLLARS ($12,500.00) for the completion of the work described in Section 3 of this
Agreement. The City shall provide the funding to the Organization as a lump -sum within thirty
days (30) from the execution of this Agreement.
Rights to Work. The work described in Section 3 of this Agreement shall remain, at all times,
the sole and exclusive property of the Organization. Once the work is completed, the
Organization hereby grants to the City a non-exclusive license to use the work described in
Section 3 of this Agreement for educational purposes only; provided, however, that the City shall
not in any way modify or alter the work and shall at all times include any and all copyright marks
reflecting the ownership of the work.
Tax -Exempt Status. The Organization shall maintain its status as a legal non-profit tax-exempt
organization, comply with any federal or state requirements applicable by virtue of the
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Organization's legal status, and comply with any other laws, regulations or requirements
applicable by virtue of the Organization's legal status. During the term of this Agreement,
Organization will notify the City within three (3) days of any loss of its tax-exempt status.
Independent Organization. This Agreement shall not be construed to create a partnership, joint
venture, or other agency relationship between the Parties, who are independent of one another.
The relationship of the Organization to City is and shall continue to be that of an independent
organization, and no liability or benefits such as workers' compensation, pension rights or
liabilities, insurance rights or liabilities, arising out of or related to an employer.; employee
relationship, shall arise or accrue to either party or either party's agent, sub -contractor or
employee, as a result of this Agreement or its performance. No relationship, other than that of
independent organization, shall be implied between the parties or between either party and the
other party's agent, employee, or sub -contractor. This provision shall survive the termination of
this Agreement.
Assignability. The Parties recognize that this Agreement is based upon the skill and expertise of
the Parties and therefore agree that the Agreement and the obligations thereunder may not be
assigned or delegated without the written consent of the other party, except as expressly allowed
by this Agreement; provided, however, the City expressly agrees and acknowledges that the
Organization has retained a third -party production company to create the video described in
Section 3 of this Agreement.
Termination. The City may terminate this Agreement for any reason upon seven (7) days
written or electronic notice to the Organization. In the event the City terminates the Agreement,
the Organization will be entitled to retain any portion of the funding provided by the City to cover
costs and expenses incurred by the Organization on or prior to the date the Organization receives
such notice of termination. Within thirty (30) days of termination, the Organization will give an
accounting of City funds expended pursuant to this Agreement and shall refund all unused funds
provided by the City. Interest on late payments will accrue pursuant to Section 2251.025 of the
Texas Government Code.
1 f]. Severability. If at any time after the date of this Agreement, any clause or provision of this
Agreement is held by any court of competent jurisdiction to be illegal, void or unenforceable,
such provision shall be of no force and effect. In addition, the invalidation of any clause or
provision of the Agreement will have no effect on the remaining provisions of this Agreement,
and as such, the remaining Agreement will remain in full force and effect and will be interpreted
as consistently as possible.
11. Non -Waiver. The failure of either party hereto to insist in any instance upon the strict
performance of any provision of this Agreement or to exercise any election contained herein shall
not be construed as a waiver or relinquishment for the future of such provision or election. No
waiver or modification by any party shall have been deemed to have been made unless expressed
in writing by such party.
12. Choice of Law/Venue. This Agreement is performable in Harris County, Texas, and will be
construed in accordance with the laws of the State of Texas. The parties agree that any lawsuit
filed claiming any breach of this Agreement or seeking to enforce or declare any rights under this
Agreement shall be brought exclusively in a court of proper jurisdiction in Harris County, Texas.
13. Entire Agreement. This Agreement constitutes the final and complete understanding of the
Parties regarding the subject matter hereof, superseding any prior agreements or understandings
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between them. This Agreement may not be amended or modified except by a subsequent written
instrument evidencing the express consent of each of the Parties, duly executed by the Parties.
14. Prohibition on Boycotting Israel: Pursuant to Section 2271.002 of the Texas Government Code,
by executing this Agreement, Organization verifies that Organization: (1) does not boycott Israel;
and (2) will not boycott Israel during the term of this Agreement.
15. Prohibition Against Business with Iran, Sudan or Foreign Terrorists Organizations:
Organization warrants, covenants, and represents that Organization is not engaged in business
with Iran, Sudan, or any company identified on the list referenced in Section 2252.152 of the
Texas Government Code.
Executed this day of , 2020.
0WIM19
(Signature)
(Printed Name)
(Title)
BAY AREA COASTAL PROTECTION
ALLIANCE
(Signature)
(Printed Name)
(Title)
Page 3 of 4
THE CITY OF BAYTOWN, TEXAS
RICHARD L. DAVIS, City Manager
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED A TO FORM:
KAREN L. HORNER, City Attorney
R:\Karen HomerlDoc umentsTileslContracts\Bay Area Coastal Protection All ianc6]3aytownAgreement with BACPA.docx
Page 4 of 4
Exhibit A
SCOPE OF PROJECT
Proiect Overview
The focus of this Project is to design and develop a set of financing options for coastal protection
measures in the Houston/Galveston region, including meeting local funding match and cost -share
requirements for anticipated federally supported coastal protection projects. The main elements of this
work will include:
• A preliminary quantitative analysis on the insurance and financial value of improved coastal
protection for key beneficiaries, industries, and communities;
• Working sessions with potential public -private partners, such as the GLO, key drainage districts,
major insurance brokers, and P3 construction firms to develop a framework for implementation;
• Engagement with large-scale asset holders to assess options for pooling risk and aggregating
private benefits of public investments;
• Identification of additional predevelopment funding opportunities (e.g., FEMA BRIC grant); and
• Development of final recommendations on project financing and implementation options for
increasing the level of protection across the region.
By working closely with State and local partners and private -sector leaders, we aim to help Houston,
Galveston, and neighboring communities fill critical funding gaps for priority social and environmental
resilience investments along the coast.
Dates Proiect to be Performed
Contractor shall start the Project on or about September 1, 2020 and shall complete the Project not later
than May 31, 2021.
Fees
$100,000 lump sum to be paid in two installments: $60,000 upon contract execution and $40,000 upon
acceptance of final deliverables.
Scope of Work & Schedule
• September -October 2020
o Preliminary analysis
o Outreach to potential insurance industry and capital markets partners
• October -December 2020
n Engagement with major at -risk industrial asset holders and key public sector entities
o Preparation of materials for additional predevelopment funding applications, as appropriate
(e.g. FEMA BRIC grant)
• (TBD) January 2021 FEMA application deadline
• January -March 2021
Iterative refinement of proposed financing approach with all partners
❑ State -level engagement and action on establishing risk pool
• March -May 2021 Delivery of final recommendations and transition to implementation
Deliverables
• Summary of preliminary analysis insights and results
• Interim presentations and/or materials for key stakeholder discussions
• Final presentation and/or report with recommendations on:
o Risk pool design, validated by insurance industry leaders;
o Financing & payment structures, validated by capital markets leaders;
o Strategies for securing participation of exposed asset holders; and
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Exhibit A
SCOPE OF PROJECT
o Options for public sector implementation.
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