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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 Page 1 of 10 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. Page 2 of 10 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. Page 3 of 10 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; Page 4 of 10 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 Page 5 of 10 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: Page 6 of 10 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 Page 7 of 10 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 Page 8 of 10 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. Page 9 of 10 T 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: / / Page 10 of 10