HomeMy WebLinkAbout029366 RES - 02/14/2012Resolution authorizing the City Manager, or designee, to execute a
Memorandum of Agreement with the United States Naval Air Station,
Corpus Christi, Texas (NASCC) to provide Type II reclaimed water
service to irrigate the on -base Gulf Winds Golf Course.
WITNESSETH THAT:
WHEREAS, City has proposed to provide Type II reclaimed water from the
Laguna Madre Wastewater Treatment Plant (WWTP) through a newly constructed City
Effluent Reuse Force Main and Pump Station which brings Type II reclaimed water from
the WWTP to the property line of NASCC; and
WHEREAS, NASCC has agreed to accept the Type II reclaimed water via an
agreed upon off -base connection point to be pumped onto the installation for use in
filling the retention pond and irrigating the Morale, Welfare, and Recreation (MWR)
operated on -base golf course, the Gulf Winds Golf Course (hereinafter Gulf Winds Golf
Course); and
WHEREAS, Texas Commission on Environmental Quality (TCEQ) Authorization
No. R10401-008 issued November 15, 2006 for City's TCEQ Permit No. 1041-008
approves City's transmission of Type 11 reclaimed water for, among other matters, the
irrigation of golf courses, in compliance with a series of conditions/restrictions; and
WHEREAS, City's permit for the use of Type II reclaimed water and TCEQ
Authorization No. R10401-008, for City's TCEQ Permit No. 1041-008, does not affect or
require the end-user of Type II reclaimed water (NASCC and MWR Gulf Winds Golf
Course) to obtain separate authorization from TCEQ for use of Type II reclaimed water
for the purpose of filling a retention pond and irrigating the Gulf Winds Golf Course; and
WHEREAS, TCEQ Authorization No. R10401-008, for City's TCEQ Permit No.
1041-008, does require City to ensure any end-user adheres to the requirements of
City's authorization for Type 11 reclaimed water and the terms of the governing permit;
and
WHEREAS, the City's Agreed Order with the Texas Natural Resource
Conservation Commission (now the Texas Commission on Environmental Quality
[TCEQ]), which amends the operational procedures and continuing an Advisory Council
pertaining to Special Condition 5.B., Certificate of Adjudication No. 21-3214; Docket No.
2001 -0230 -WR, credits the City with return flows of 54,000 acre feet per annum, based
on the assumption that return flows delivered to Corpus Christi Bay and other receiving
estuaries of 54,000 acre-feet per annum, which credit could be lost if the actual return
flows are less than 54,000 acre-feet, and additional water may need to be released from
the Lake Corpus Christi/Choke Canyon Reservoirs System to make up the shortfall in
effluent discharges; and
J:11.ENG11 AGENDA ITEM S\12\021412\021412 RESO MOA NASCC Type II Reclaimed Water
Service.docx
029366
INDEXED
WHEREAS, the City and NASCC recognize that the return flows to Corpus
Christi Bay and other receiving estuaries currently exceed 54,000 acre-feet, and it is
assumed that return flows will remain in excess of 54,000 acre-feet during the term of
this Agreement. The Parties recognize that if the return flows do not exceed 54,000
acre-feet, that the terms of the Memorandum of Agreement may need to be modified;
and
WHEREAS, the City currently provides Type 11 reclaimed water or effluent to
customers without charge, but is considering the adoption of a Type 11 reclaimed water
or effluent utility system that will finance the costs of construction, operation, and
maintenance of Type 11 reclaimed water or effluent delivery systems throughout the City;
and
WHEREAS, when, and if, an effluent utility rate is established, and subject to the
provisions of Paragraph 3.c.(2) of the Memorandum of Agreement, the City will continue
to provide Type II reclaimed water to NASCC/MWR Gulf Winds Golf Course at the
established rate for Type!! reclaimed water or effluent, which is equal to the lowest
charge made to any other recipient of Type II reclaimed water or effluent from the City,
other than the City; and
WHEREAS, City and NASCC agree that NASCC and MWR Gulf Winds Golf
Course as the end-user of Type 11 reclaimed water will adhere to the requirements of
City's authorization for Type 11 reclaimed water; and
WHEREAS, this project will promote the conservation, development, and proper
utilization of Type 11 reclaimed water and ground water by both parties to this
agreement; and
WHEREAS, the City Council of the City of Corpus Christi desire to authorize the
City Manager to enter into and execute a Memorandum of Agreement with the United
States Naval Air Station, which provides terms and conditions for City and NASCC and
MWR Gulf Winds Golf Course to participate in the use of City's Type 11 reclaimed water
for the purpose of filling the retention pond and irrigating the Gulf Winds Golf Course,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
Section 1. The City Manager or designee is authorized to execute a
Memorandum of Agreement with the United States Naval Air Station, Corpus Christi,
Texas (NASCC) to provide to NASCC Type!! reclaimed water to fill the retention pond
and irrigate the Gulf Winds Golf Course.
Section 2. The City Manager or designee is authorized to execute all related
documents necessary to administer said Agreement, including non substantial
amendments thereto.
J:11.ENG11 AGENDA ITEM S1121021412\021412 RESO MOA NASCC Type II Reclaimed Water
Service.docx
ATTESTS THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED A TO FORM: 19 -Jan -12
ULA (i1A‘
Veronica Ocana
Assistant City Attorney
for City Attorney
Joe Ada
Mayor
J:11.ENG11 AGENDA ITEM S11210214121021412 RESO MOA NASCC Type II Reclaimed Water
Service.docx
Corpus1.01
Christi, Texas
of re t
, 2012
The above resolution was passed by the following vote:
Joe Adame
Chris N. Adler
Kelley Allen
Larry Elizondo, Sr.
Priscilla G. Leal
David Loeb
John E. Marez
Nelda Martinez
Mark Scott
029366
City of CC NASCC Effluent Water MOA
MEMORANDUM OF AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRISTI, TEXAS
AND
COMMANDER, NAVY REGION SOUTHEAST
NAVAL AIR STATION CORPUS CHRISTI,
CORPUS CHRISTI, TEXAS
THIS Memorandum of Agreement (MOA) is entered into by and between the City of
Corpus Christi, Texas (City), by its City Manager, and the Naval Air Station Corpus Christi, Texas
(NASCC), by its Commanding Officer. The purpose of this MOA is to establish the terms and
conditions under which City will provide and NASCC will accept Type II reclaimed water service
from the Laguna Madre Wastewater Treatment Plant (WWTP). This project will promote the
conservation, development, and proper utilization of Type II reclaimed water and ground water
by both parties to this agreement.
WITNESSETH THAT:
WHEREAS, in consideration of NASCC agreeing to provide a place for City to dispose of
their Type II reclaimed water and constructing the requisite infrastructure, City has proposed to
provide Type II reclaimed water from the WWTP through a newly constructed City Effluent
Reuse Force Main and Pump Station which brings Type II reclaimed water from the WWTP to
r the property line of NASCC, see Attachment A;
WHEREAS, in consideration of City proposing to provide Type II reclaimed water to irrigate
the Gulf Winds Golf Course and constructing the requisite infrastructure, NASCC has agreed to
accept the Type II reclaimed water via an agreed upon off -base connection point to be pumped
onto the installation for use in filling the retention pond and irrigating the Morale, Welfare, and
Recreation (MWR) operated on -base golf course, the Gulf Winds Golf Course (hereinafter Gulf
Winds Golf Course) of. which MWR owns the maintenance Unit Identification Code (UIC);
Attachment A to this agreement shows the connection point just outside the property line of
NASCC, as well as the Type II reclaimed water lines extending to the Gulf Winds Golf Course
and retention pond;
WHEREAS, Texas Commission on Environmental Quality (TCEQ) Authorization No.
R10401-008 issued November 15, 2006 for City's TCEQ Permit No. 1041-008 approves City's
transmission of Type II reclaimed water for, among other matters, the irrigation of golf courses,
in compliance with a series of conditions/restrictions; Attachment B to this agreement sets forth
TCEQ's specific conditions and/or restrictions for use of Type II reclaimed water;
WHEREAS, City's permit for the use of Type II reclaimed water and TCEQ Authorization
No. R10401-008, for City's TCEQ Permit No. 1041-008, does not affect or require the end-user
of Type II reclaimed water (NASCC and MWR Gulf Winds Golf Course) to obtain separate
authorization from TCEQ for use of Type II reclaimed water for the purpose of filling a retention
pond and irrigating the Gulf Winds Golf Course;
1
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City of CC NASCC Effluent Water MOA
WHEREAS, TCEQ Authorization No. R10401-008, for City's TCEQ Permit No. 1041-008,
does require City to ensure any end-user adheres to the requirements of City's authorization for
Type II reclaimed water and the terms of the governing permit;
WHEREAS, The City's Agreed Order with the Texas Natural Resource Conservation
Commission (now the Texas Commission on Environmental Quality [TCEQ]), which amends
the operational procedures and continuing an Advisory Council pertaining to Special Condition
5.B., Certificate of Adjudication No. 21-3214; Docket No. 2001 -0230 -WR, credits the City with
return flows of 54,000 acre feet per annum, based on the assumption that return flows delivered
to Corpus Christi Bay and other receiving estuaries of 54,000 acre-feet per annum, which credit
could be Iost if the actual return flows are less than 54,000 acre-feet, and additional water may
need to be released from the Lake Corpus Christi/Choke Canyon Reservoirs System to make up
the shortfall in effluent discharges.
WHEREAS, the City and NASCC recognize that the return flows to Corpus Christi Bay and
other receiving estuaries currently exceed 54,000 acre-feet, and it is assumed that return flows
will remain in excess of 54,000 acre-feet during the term of this Agreement. The Parties
recognize that if the return flows do not exceed 54,000 acre-feet, that the terms of this
Agreement may need to be modified.
WHEREAS, the City currently provides Type II reclaimed water or effluent to customers
without charge, but is considering the adoption of a Type II reclaimed water or effluent utility
system that will finance the costs of construction, operation, and maintenance of Type II
reclaimed water or effluent delivery systems throughout the City.
WHEREAS, when, and if, a effluent utility rate is established, and subject to the provisions of
Paragraph 3.c.(2) the City will continue to provide Type II reclaimed water to NASCC/MWR
Gulf Winds Golf Course at the established rate for Type II reclaimed water or effluent, which is
equal to the lowest charge made to any other recipient of Type II reclaimed water or effluent
from the City, other than the City.
WHEREAS, City and NASCC agree that NASCC and MWR Gulf Winds. Golf Course as the
end-user of Type II reclaimed water will adhere to the requirements of City's authorization for
Type II reclaimed water, see Attachment B;
WHEREAS, TCEQ and City acknowledge NASCC is a component of the United States
Government (Government), Department of the Navy, and is subject to limitations of liability and
immunity per the Constitution and applicable statutes of the United States;
WHEREAS, TCEQ and City acknowledge City is a political subdivision of the State of Texas
and is subject to Iimitations of liability and immunity per applicable statutes and the Constitution of
the State of Texas;
NOW, THEREFORE, in consideration of the above, City and NASCC and MWR Gulf Winds
Golf Course hereby agree to participate in the use of City's Type II reclaimed water for the
purpose of filling the retention pond and irrigating the Gulf Winds Golf Course.
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City of CC-NASCC Effluent Water MOA
1. keareemeni.
a. CITY will:
(1) To the extent permitted by law, maintain sole responsibility for funding, operation, and
maintenance of the WWTP, pipelines, pump stations, and any associated equipment or
facilities, specifically including the City Effluent Reuse Force Main and Pump Station, by
which Type II reclaimed water is carried to the connection point at the property line of NASCC,
see Attachment A.
(2) To the extent permitted by law, permit NASCC to connect to City's pipeline and
equipment at the connection point, see Attachment A, where Navy owned equipment will
receive the Type II reclaimed water and convey it to a retention pond for irrigation of the Gulf
Winds Golf Course.
(3) To the extent permitted by law, provide Type II reclaimed water to and authorize
NASCC to receive Type II reclaimed water from the WWTP in accordance with the terms,
conditions, and restrictions applicable to Type II reclaimed water set forth in Attachments 13 and
C.
(4) Comply with the terms, conditions, and restrictions on transfer of Type II reclaimed
water to an end-user contained in Attachments B and C; including but not limited to:
(a) Test and sample the Type II reclaimed water twice a week and make those test and
sample results known to NASCC/ Gulf Winds Golf Course;
(b) Immediately notify NASCC of any problems with operation of the WWTP,
pipeline, pump station, or any associated equipment or facilities, specifically including the City
Effluent Reuse Force Main and Pump Station, that may negatively impact the transfer of Type
II reclaimed water to NASCC; and
(c) Immediately notify NASCC of any indications of changes to the quality (i.e.
contaminant levels) of the Type II reclaimed water to be transferred to NASCC.
(5) Not hold or claim liability against NASCC for any non-compliance by City with the
terms, conditions, and restrictions for transfer of Type II reclaimed water to an end-user
contained in Attachments B and C.
(6) To the extent permitted by law, provide Type II reclaimed water from WWTP to
NASCC on an as needed, end-user demand basis for filling the retention pond and irrigating the
Gulf Winds Golf Course, upon completion of NASCC's Type II reclaimed water project.
(7) Periodically review NASCC/ Gulf Winds Golf Course's Type II reclaimed water
operations to ensure compliance with the terms, conditions, and restrictions for such end-user
operations identified in Attachments B and C.
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City of CC-NASCC Effluent Water MOA
(8) Provide instructions/procedures on the operation of the Type II reclaimed water delivery
system to NASCC/ Gulf Winds Golf Course to incorporate into their Operation and
Maintenance Manual, see Attachment D.
(9) To the extent permitted by law, provide Type II reclaimed water to NASCC at no cost.
If there is any change to this requirement, City must provide advance notice to NASCC per
paragraph 3.c.
(10) Notify NASCC as soon as practicable but no later than 30 days after City's notice of any
proposed changes to policy, legislation, and terms, conditions, or restrictions in the governing
permits/authorizations, Attachments B and C, that may impact deliver of Type II reclaimed
water or the conditions under which the end-user may accept or use Type II reclaimed water.
b. NASCC/ MWR Gulf Winds Golf Course will:
(1) To the extent permitted by law and appropriation of the United States government,
complete development, funding, and construction of the Type II reclaimed water forced main, lift
stations, and pipeline connection to the Gulf Winds Golf Course irrigation system and notify City
when Gulf Winds Golf Course operations are ready for irrigation.
(2) Maintain responsibility for funding, operation, and maintenance of the pipeline, lift
station, and any associated equipment or facilities by which Type II reclaimed water is conveyed to
the retention pond and the Gulf Winds Golf Course irrigation system from City's Effluent Reuse
Force Main and Pump Station. MWR is the owner of the maintenance UIC/operator of the Gulf
Winds Golf Course and therefore solely responsible for the funding for_ operation, maintenance,
environmental compliance, and all environmental fines and/or penalties; operation; and
maintenance related to this Type II reclaimed water system after the connection point at the
property line of NASCC.
(3) Operate the on -base Type II reclaimed water system in accordance with the terms,
conditions, andrestrictions for end-users contained in Attachments B and C; including but not
limited to:
(a) Test and sample the ground water associated with the Type II reclaimed water
retention pond leak detection system of the Gulf Winds Golf Course and provide City the results
of these tests as required by City, City's Permit, or by TCEQ;
(b) Comply with applicable TCEQ variance requirements, and specifically with the
requirements under the Letter from TCEQ to M. Lee Niles, P.E., of Pape -Dawson Engineers
dated December 12, 2011, signed by Dex Dean, E.LT., and Louis C. Herrin, III, P.E., of the
Wastewater Permits Section (MC148), Water Quality Division, TCEQ (also referred to as " the
Variance" or the "Design Approval"), see Attachment C;
(c) Permit City access to NASCC, upon request, for review of the operation and
testing/sampling procedures - subject to NASCC security requirements;
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City of CC-NASCC Effluent Water MOA
(d) Provide City for review/approval, and implement an Operations and Maintenance
Manual for the Type II reclaimed water system onboard NASCC, see Attachment D;
(e) Comply with Attachment B regarding no human contact with Type II reclaimed
water; and
(f) Comply with Attachment B regarding proper signage near the retention pond.
(4) Receive water from City on an as -needed basis and inform City of Type II reclaimed
water requirements on a routine basis.
(5) Maintain the right and ability, per Attachment B, to refuse delivery of Type II reclaimed
water at any time for any reason.
(6) Notify City within 30 days of NASCC's receipt of notice of any policy, funding, or
operational issues which could negatively impact NASCC's ability to accept Type II reclaimed
water and/or comply with the terms, conditions, and restrictions for an end -user's receipt of
Type II reclaimed water set forth in Attachments B and C.
2. Attachments. The following attachments are referenced throughout this MOA and the contents
of each are hereby incorporated by reference as a term and condition of this MOA by agreement of
the parties unless specifically set forth otherwise in this agreement:
a. Attachment A: NASCC design drawing dated 29JUN2011.
b. Attachment B: TCEQ Authorization for Reclaimed Water No. R10401-008 w/attachment,
issued November 15, 2006.
c. Attachment C: TCEQ Variance issued for MWR Gulf Winds Golf Course irrigation system
(Letter from TCEQ to M. Lee Niles, P.E., of Pape -Dawson Engineers dated December 12, 2011,
signed by Dex Dean, E.I.T., and Louis C. Herrin, III, P.E., of the Wastewater Permits Section
(MC 148), Water Quality Division, TCEQ).
d. Attachment D: NASCC'S Operation and Maintenance Manual.
3. Administrative Provisions:
a. Effective Date and Duration. This MOA shall be effective on the date upon which the last
party to this Agreement executed and dated the same. This MOA shall remain in effect for one year
subject to nine one year renewals; provided NASCC/ MWR Gulf Winds Golf Course receive
appropriations to comply with this MOA as required by paragraph 3.i..
b. Termination. The City acknowledges Commanding Officer of NASCC has the right to
terminate the MOA, in whole or in part, without cost or liability to the Government, when it is in
the interest of the Government or required for compliance with any law, regulation or
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City of CC-NASCC Effluent Water MOA
appropriation statute. The parties further agree that either party may terminate the MOA, for any
reason, upon giving 30 day written notice to the other party of the intent to do so.
c. Changes or Modifications.
(1) Excluding Type II reclaimed water fees or charges, changes or modifications to this
MOA may be proposed by either party at any time following the effective date of the
agreement. Proposed changes must be submitted to the other party in writing and allow for a
minimum 60 day review period. Changes may only be incorporated in this MOA upon
written agreement and signature execution of both parties.
(2) Should City intend to modify and impose a Type I1 reclaimed water fee or charge to
NASCC/ MWR Gulf Winds Golf Course that is different from paragraph l.a.(9), NASCC/
MWR Gulf Winds Golf Course reserves the right to unilaterally terminate this MOA. A new
utility service with fees by City is subject to the contract requirements of 48 CFR Part 41.
d. Review and Renewal This MOA shall be reviewed annually prior to renewal to ensure
accuracy and to incorporate any changes proposed by either party not previously addressed.
Subject to agreement by both parties, renewal of this MOA should be initiated at least 60 days
prior to expiration.
e. Notices. All notices to each party shall be in writing and shall be either hand -delivered or
sent via U.S. certified mail to the respective party's designated representative as specified herein
below. Except as otherwise provided herein, notices may be sent via e-mail or fax, which shall
be deemed delivered on the date transmitted and received
f. Primary Contacts.
(1) CITY of CC:
Representative: Oscar Martinez
Title: Assistant City Manager for Public Works
Address: 1201 Leopard Street, City Hall Building
Corpus Christi, TX 78401
Telephone: (361) 826-3897
Email: oscarmncctexas.com
Representative: Foster Crowell
Title: Director of Wastewater Operations
Address: P.O. Box 9277
Corpus Christi, TX 78469-9277
Telephone: (361) 857-1800
Email: fosterc(a7cctexas.com
(2) NASCC:
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City of CC-NASCC Effluent Vater MOA
Representative: LCDR Craig A. Clutts
Title: NASCC Public Works Officer
Address: 8851 Ocean Dr, Building 19
Corpus Christi, TX 78419
Telephone: (361) 961-3665
Email: craig.clutts@navy.mil
(3) MWR Gulf Winds Golf Course:
Representative: David Sullivan
Title: Director, MWR
Address: 385 5th Street, Building 39
Corpus Christi, TX 78419
Telephone: (361) 961-2267
Email: david.sullivan2@navy.mil
g. Insurance. City is self-insured and does not normally carry insurance, except for a large
umbrella policy.
h. Disputes: This MOA is subject to the Contracts Disputes Act of 1978 as amended (41
U.S.C. 601-613) and all disputes arising under or related to the MOA shall be resolved pursuant
to 48 C.F.R. 52.233-1 and 52.233-4.
i. Anti -Deficiency Act. The execution and compliance with the MOA by NASCC and
MWR Gulf Winds Golf Course are subject to the provisions of the Anti -Deficiency Act, as
amended, 31 U.S.C. §1341 et. seq., 10 U.S.C. §2783 (Nonappropriated fund instrumentalities:
financial management and use of nonappropriated funds), and requisiteregulations which control
funding of operations set forth in Attachment D. Nothing in this MOA is intended to make or
authorize an expenditure or obligation exceeding an amount or purpose available in a United
States Government (Government) appropriation or fund for the expenditure or obligation in
violation of the Anti -Deficiency Act. Furthermore, this MOA is not intended to involve the
Government in a contract or obligation for payment or any other expense before an appropriation
is adopted unless otherwise authorized by law.
j. Environmental Compliance and Liability:
(1) City shall be responsible for environmental remediation, impacts, claims, liabilities,
fines, penalties, or damages arising under Environmental Laws, as defined below, to the extent
caused by or resulting from any negligent action of City (including actions not in accordance
with applicable laws and permits or not in accordance with industry standard) with respect to
City's undertaking to provide Type II reclaimed water pursuant to this MOA.
(2) Government is only responsible for the requirements applicable to all end users of Type
II reclaimed water from City per Attachment B, including requirements related to the operation
and maintenance of any Type II reclaimed water facilities located on NASCC or operated by
NASCC/MWR Gulf Winds Golf Course. City will at all times comply with alI Environmental
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City of CC-NASCC Effluent Water MOA
Laws, as defined below, that are applicable to City's activities to provide Type II reclaimed
water pursuant to this MOA. The term "Environmental Laws" means all statutes, standards,
prohibitions, obligations, schedules, plans, permits and timetables having the force of law that
are contained in or promulgated pursuant to any federal, state or local laws, regulations or
ordinances whether existing now or hereinafter enacted, relating to pollution, protection of the
environment, or drinking or domestic water supply, in each case to the extent applicable to City's
activities to provide Type II reclaimed water to NASCC and MWR Gulf Winds Golf Course,
including but not limited to laws relating to safe drinking water, emissions, discharges, releases
or threatened releases of environmental hazards into ambient air, surface water, ground water,
drinking or domestic water supply, or lands or otherwise relating to the manufacture, processing,
distribution, use, treatment, storage, disposal, refinement, production, disposal, transport or
handling of environmental hazards, including, but not limited to, Comprehensive Environmental
Response, Compensation and Liability Act of 1980, as amended by Superfund Amendments and
Reauthorization Act of 1986, 42 U.S.C. § 9601 et seq.; Solid Waste Disposal Act, as amended by
Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901, et seq.; Toxic Substances
Control Act, 15 U.S.C. § 2601, et seq.; Federal Water Pollution Control Act, 33 U.S.C. § 1251,
et seq.; Hazardous Materials Transportation Act, 49 U.S.C. § 5101; Safe Drinking Water Act, 42
U.S.C. § 300f, et seq.; Occupational Safety and Health Act, 29 U.S.C. § 651, et seq.; Emergency
Planning and Community Right to Know Act of 1986, 42 U.S.C. § 11001, et seq.; Atomic
Energy Act, 42 U.S.C. § 2014, et seq.; Endangered Species Act, 16 U.S.C. § 1531, et seq.;
Marine Mammal Protection Act of 1972, 16 U.S.C.,§ 1361, et seq.; Federal Insecticide,
Fungicide, and Rodenticide Act, 7 U.S.C. § 136, et seq.; Clean Air Act, 42 U.S.C. § 7401, et
seq.; and their state analogs, counterparts, and other state laws, regulations, and statutes relating
to protection of human health and the environment.
(3) City will be responsible for obtaining at its cost and expense any environmental permits
and approvals required for its operations under this MOA. No existing permits issued to the
Government will be used by City without the express written consent of the Government. City
will provide notice to the Government of any environmental reports related to the provision of
Type II reclaimed water to NASCC/MWR Gulf Winds Golf Course which City 'submits to any
environmental regulatory agency. Copies of all permits and regulatory notices obtained by City,
related to the provision of reclaimed water to NASCC/MWR Gulf Winds Golf Course, will be
provided to the Government. City shall not commence the provision of Type II reclaimed water
to NASCC/MWR Gulf Winds Golf Course until any required permits or approvals are formally
obtained from the permit issuing authority, as applicable, and will promptly notify the
Government if it has actual knowledge of any activity that may constitute a permit violation.
(4) To the extent authorized by law, City will maintain and make available to the
Government, at the request of the Government, all records required to be maintained by
Environmental Laws, relating to environmental compliance, clean-up, and/or remediation action
by City with respect to provision of Type II reclaimed water to NASCC/MWR Gulf Winds Golf
Course. The Government reserves the right to inspect all such records. Any City violations of
Environmental Law may be reported by the Government to appropriate regulatory agencies, to
the extent required by Environmental Law.
(5) Except for those matters for which the Government is responsible, to the extent
authorized by law, City shall be responsible for, and indemnify, defend, and hold harmless the
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City of CC-NASCC Effluent Water MOA
Government, its agents, employees, contractors, subcontractors, officers, successors and assigns
from any actions, operations, claims for damages, notices of violation, notice of non-compliance,
notice of deficiency or other costs, expenses, liabilities, fines, or penalties to the extent resulting
from generation, manufacture, presence, release, discharge, emissions, spills, use, storage,
handling or disposal of Environmental Hazards by City, its officers, agents, employees,
contractors, subcontractors or any sub -lessees or licensees, or the invitees of any of them from
and after the effective date of the MOA giving rise to civil or criminal liability or any
responsibility under Environmental Laws with respect to provision of Type II reclaimed water to
NASCC/MWR Gulf Winds Golf Course. The term "environmental hazards" shall mean asbestos
or any substance containing asbestos, polychlorinated biphenyls (PCB), PCB contaminated
material and equipment as defined in 40 C.F.R. 761.3, lead, lead based paint materials,
flammable explosives, radioactive materials; petroleum based products, chemicals known to
cause cancer or reproductive toxicity, or that pose a risk to human health or safety or the
environment or that are regulated under Environmental Laws, pollutants, effluents, residues,
contaminants, emissions or related materials, natural gas liquids, and any items defined or
regulated as "hazardous waste," "hazardous materials," "hazardous substances," "toxic waste,"
"toxic materials," or "toxic substances" or words of similar import, all under any applicable
Environmental Law. The term "environmental hazards" shall not include items that are
"household hazardous waste" including chemicals, lubricants, refrigerants, household supplies,
materials for common residential purposes, and other substances kept in amounts typical for, and
used as, standard janitorial supplies,. office supplies, and the like in connection with the routine
maintenance and operation of residential projects, to the extent kept, used, and maintained in a
manner consistent with their intended uses. The term "environmental hazards" also shall not
include any substance or material that is identified herein in concentrations that do not require an
action, including release reporting, monitoring or investigation under Environmental Laws.
(6) Per OPNAVINST 5090.1C (w/ CH -1) section 1-2.2, NASCC and MWR Gulf Winds
Golf Course shall comply with all applicable Federal, State, and local environmental, natural
resource and cultural resource statutes and regulations; as well as the requirements of
Presidential E.O.'s; Navy policies, regulations, and requirements. City acknowledges NASCC
and MWR Gulf Winds Golf Course are prohibited from indemnifying City per the Anti-
Deficiency Act. To the extent authorized by law, City may file a claim under the Federal Torts
Claim Act.
k. Construction of Agreement. This MOA shall not be construed more strictly against one
party than against the other as both parties have contributed substantially and materially to the
preparation hereof. NASCC has and operates from time to time a waste water treatment plant
and sewage system which may provide Type II reclaimed water to areas on NASCC. It is agreed
by the parties that NASCC may continue to operate such facilities in parallel with the City as
required and as appropriate.
4. Entire Agreement. This Agreement and the Attachments, which are hereby incorporated in
their entirety by reference, upon execution by City and NASCC, constitute the entire agreement
of the parties. The parties are not bound by any stipulations, representations, agreements, or
promises, oral or otherwise, not printed or inserted herein. This Agreement cannot be changed
orally or by any means other than as specified in section 3.c.
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5. Executed. This
City of CC-NASCC Effluent Water MOA
day of 2012 by:
NAVAL AIR STATION CORPUS
CITY OF CORPUS CHRISTI CHRISTI
Is/
1st
Ronald L. Olson D.M. Edgecomb, CAPT, USN
City Manager Commanding Officer
Date: / 1 Date: / /
ATTEST
/s/
NAVY REGION SOUTHEAST
Armando Chapa
City Secretary Is/
S.H. Blaisdell, CAPT, USN
Approved as to Form Chief of Staff
/5/ t\JA PACIA,QUAW44
Veronica Ocanas
Assistant City Attorney
For City Attorney Date: / /
Is/
Wade Rice
Comptroller
Date: / /
6. Concurrence.
/s/
Naval Air Station Corpus Christi,
Morale, Welfare, and Recreation Dept. MWR,
Gulf Winds Golf Course
Name : David Sullivan
Title: Director
Date: / /
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