HomeMy WebLinkAbout12464 ORD - 02/05/1975MLM:VMR:2 -14 -75 ;15T AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE TEXAS WATER QUALITY BOARD BY THE TERMS OF WHICH CONTRACT THE CORPUS CHRISTI - NUECES COUNTY HEALTH DEPART- MENT LABORATORY WILL PROVIDE LABORATORY SERVICES ON A CHARGE -FOR- SERVICES BASIS AT A MAXIMUM COST OF $17,500 FOR THE TERM OF SAID CONTRACT, COMMENCING JANUARY 1, 1975 AND TERMINATING AUGUST 31, 1975, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS. SECTION 1. THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH THE TEXAS WATER QUALITY BOARD BY THE TERMS OF WHICH CONTRACT THE CORPUS CHRISTI - NUECES COUNTY HEALTH DEPARTMENT LABORATORY WILL PROVIDE LABORATORY SERVICES ON A CHARGE -FOR- SERVICES BASIS AT A MAXIMUM COST OF $17,500 FOR THE TERM OF SAID CONTRACT, COMMENCING JANUARY 11 1975 AND TERMINATING AUGUST 31, 1975, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A ". SECTION 2. THE PUBLIC IMPORTANCE OF MAINTAINING THE QUALITY OF WATERS IN THE STATE CONSISTENT WITH THE PUBLIC HEALTH AND ENJOYMENT, THE PROPAGATION AND PROTECTION OF TERRESTRIAL AND AQUATIC LIFE, THE OPERATION OF EXISTING INDUSTRIES AND THE ECONOMIC DEVELOPMENT OF THE STATE AND THE NECESSITY TO REQUIRE THE USE OF ALL REASONABLE METHODS TO IMPLEMENT THIS POLICY CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION BUT THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTERITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE 15 DAY OF FEBRUARY, 1975. ATTEST: C SECRET WIRY MAYOR - THE CITY OF CORPUS CHRISTI, TEXAS APP OVED: DAY OF FEBRUARY, 1975 12464 CITY ATTORNEY THE STATE OF TEXAS CONTRACT FOR SERVICES COUNTY OF TRAVIS I. CONTRACTING PARTIES: The Receiving Agency: Texas Water Quality Board The Performing Agency: Corpus Christi - Nueces County Health Department. II. STATEMENT OF SERVICES TO BE PERFORMED: PREAMBLE The Texas Water Quality Act of 1967 as amended states that "it is . . . the policy of the State of Texas to maintain the quality of the waters in the State consistent with the public health and en- joyment, the propagation and protection of terrestrial and aquatic life, the operation -of existing industries and the economic develop- ment of the State . . . and to require the use oe all reasonable methods to implement this policy." A. PERFORMANCE OF SERVICES In keeping with the foregoing, the receiving agency employs the performing agency and the performing agency agrees to perform analytical services on the parameters listed in the attached schedule sheet. The Texas Water Quality Board estimates an average of 100 samples per month will be collected and delivered to the laboratory for analysis. It is understood that these samples will be properly collected and preserved in accordance with applicable sections of A Practical Guide To Water Quality Studies Of Streams, Federal Water Pollution Control Administra- tion publication and Methods for Chemical Analysis for Water and Wastes, EPA manual, as well as the latest edition of Standard Methods for the Examination of Water and Wastewater. A chain of custody procedure shall be maintained in the field and the laboratory in accordance with Attachment B. The Texas Water Quality Board will furnish chain of custody tags. The Corpus Christi- Nueces County Health Department will perform all analyses according to the procedures set forth in Standard Methods for the Examination of Water and Wastewater, current edition or the latest edition of _Methods for Chemical Analysis of Water and Wastes, EPA manual. If a standard method is not available, the analytical method used should be an adopted method approved by the Executive Director of the Texas Water Quality Board. Samples will be analyzed by these methods on . a production basis, to include appropriate analytical quality assurance procedures. Unusual interferences and problems will be reported to the Texas Water Quality Board. Research into specific techniques to overcome these difficulties will be under -1 taken when practical and by mutual agreement. The sample infor- mation sheet submitted with each sample will designate the par- ticular analysis or analyses to be made of each sample submitted. The laboratories will be operated in such a manner as to insure the legal sufficiency of the sample handling; analytical and reporting procedures; and to remedy defects in the procedures 11� (t N\, Pago 2 should such be discovered. The various laboratory personnel should be directed, as required, to appear and testify in enforcement actions arising from the enforcement of the Texas Water Quality Act. In such event, travel and per diem expense for such employees shall be paid by the receiving agency. Travel and per diem for court appearances hereunder shall be based on current State laws. B. TERMINATION Either party to this contract may terminate the contract by giving the other party thirty days notice in writing. Upon delivery of such notice by either party to the other and before expiration of the thirty -day period, the performing agency will proceed promptly to cancel all existing orders, contracts, and obligations which are chargeable to this contract. As soon as practicable after notice of termination is given, the performing agency will submit a voucher for work performed under this con- tract to the date of termination. The receiving agency will then pay the performing agency for the work performed less all Prior payments. Copies of all completed or partially completed reports, documents, and studies prepared under this contract will be delivered by the performing agency to the receiving agency when and if this contract is terminated prior to the completion of the prescribed work. C. AMENDING THE CONTRACT The - parties hereto without invalidating this contract may alter or amend this contract upon advance written agreement of both parties to exclude work being performed or to include additional work to be performed and to adjust the consideration to be paid hereunder by virtue of alterations or amendments. III. BASIS FOR'CALCULATING REIMBURSABLE COSTS: The financial basis for calculating reimbursable costs shall be as outlined in the attached schedule sheet. The expenditures by the Corpus Christi - Nueces County Health Depart- ment of funds paid to it under this contract shall be subject to such State or Federal audit procedures as may be required by law and by accepted practices of the State or Federal auditor. All records shall be made available to either the State or Federal auditor, or both, if requested. The Corpus Christi - Nueces County Health Department shall be responsible for maintaining books of account -that clearly, accurately, and currently reflect financial transactions involving State funds, and also transactions financed with matching funds from other sources. The financial records must include all documents supporting entries on the account records which substantiate costs. The Corpus Christi - Nueces County Health Department must keep the records readily available for examination by duly authorized representatives of the Board, State Auditor's Office, or the Federal government fora period of three (3) years after the close of the last expenditure. Reimbursement for the above analytical costs and cost for any travel and per diem expenses shall not exceed $17,500.00 for the period of this contract. Page 3 The cost for transportation of samples and the return of special shipping cases and containers to the person submitting the samples will be paid directly by the Texas Water Quality Board. IV. CONTRACT AMOUNT: The total amount of this Contract shall not exceed: Seventeen Thousand and Five Hundred Dollars($17.500) V. PAYMENT FOR SERVICES: The Performing Agency shall bill the Receiving Agency monthly for analytical services performed. Charges for these services shall be based on .the attached cost schedule. Payments for service performed shall be billed monthly according to the attached schedule VI. TERM OF CONTRACT: This Contract is to begin January 1, 1975 and shall terminate August 31, 1975. (Term of Contract cannot transcend the biennium) RECEIVING AGENCY Texas Water Quality Board BY: (Authorized Signature) (Title) DATE: PERFORMING AGENCY Corpus Christi- Nueces Count Health Department BY: (Authorized Signature) City Manager (Title) DATE: ATTEST: r City Secretary APPROVED AS TO LEGAL FORM: DAY OF FEBRUARY, 1975: City Attorney STATE JJEALTH DEPARTMENT ANALYTICAL SERVICES WATER AND WASTE WATER Analyses Acidity Areobic Plate Count Alkalinity (Total) Aluminum Ammonia -N (distillation) Ammonia (Ness.) Arsenic (sediment) Arsenic (water) Barium Bicarbonate Biochemical Oxygen Demand Biochemical Oxygen Demand (Filtered) Biochemical Oxygen Demand' (7 -Day) Boron Bromide cadmium Calcium Carbon (Total) Carbon (Total Organic) Carbonate Chemical Oxygen Demand (sediment) Chemical Oxygen Demand (water) Chloride Chlorophyll A Chlorophyll (All types) Chromium (Hexavalent) Chromium (Total) Coliform (Fecal) Coliform (Total) Color Conductance (Specific) 'Copper Cyanide Dissolved (Oxygen) Fluoride Gross Alpha Particles Gross.Beta Particles Hardness (Total as CaCO3) Herbicide Hydrocarbons Insecticides (sediment) Insecticides (water) Iodide I. R. Screening (disposal Barrels) -Iron Lead Lithium Rate Analysis 0.56 Magnesium (sediment) 4.52 Magnesium (water) 0.56• Manganese (sediment) 11.32 Manganese (water) 5.65 Mercury (sediment) 1.12 Mercury (water) 13.92 Mercury (tissues) 11.32 Methylene blue active 5.65 substances 0.56 Molybdenum 5.65 Nickel Nitrate 7.64 Nitrite Nitrogen (Kjeldahl sediment) 58.29 Nitrogen (organic water) 2.82 Oil (chloroform extractable) 5.65 Oil and Grease (hexane 5.65 extractable•sediment) 0.56 Oil and Grease (hexane 1.39 extractable water) 6.74 pH 0.56 Phenol Phendphthalein Alkalinity 8.25 as 'CaCO3 Phosphate (ortho) 5.65 Phosphate (total sediment) 0.56 *Phosphate (total water) 2.91 Polychlorinated biphenyls 4.69 Potassium 1.12 Radium 1.67 Residue (total) 2.79 Salmonella - Shigella 2.79 Selenium 1.12 Silica (dissolved) 1.22 Silver •3 -95 Sodium .13.61 Solids (total dissolved 1,12 calculated) 1.69 Solids (total dissolved 2,25 determined) 2.25 Solids ('total suspended) 0.56 Solids (volatile sediment) 45:40 Solids (volatile water) 13.59 Staphylococcus count 46.22 Streptococcus (fecal) 39,72 Strontium 5.65 Sulfate Sulfide 28.33 sulfite 2.26 Tanins and lignins 5.65 Turbidity 5.67 Vanadium Zinc (sediment) Zinc (water) Corpus Christi, Texas -day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff 4t:: Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Lub James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark