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Home My WebLink AboutC2009-003 - 1/13/2009 - ApprovedINTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI & THE PORT OF CORPUS CHRISTI AUTHORITY CONCERNING THE CITY OF CORPUS CHRISTI MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM (TPDES) PERMIT NO. W40004200000 oZOD°( This Agreement is entered into the ~ ~ day of N ,~90$ by and between THE CITY OF CORPUS CHRISTI, a Texas home-rule municipal cor oration ("City") and political subdivision of the state, and PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS ("PORT"), sometimes collectively referred to herein as the "Parties," "co-permittees," or "permittees." WHEREAS, on August 11, 2008, the Texas Commission on Environmental Quality (TCEQ) issued TPDES Permit No. WQ0004200000 (the "Permit"); and WHEREAS, the Permit contemplates that the co-permittees will enter into an agreement that sets forth their respective rights, responsibilities, and obligations as co-permittees, the subsequent operation of their respective MS4, and the implementation of their respective storm water management programs pursuant to said TDPES Permit; and WHEREAS, the Interlocal Cooperation Act, Chapter 791, Texas Government Code authorizes local governments to contract to the greatest possible extent, with one another and with agencies of the state; and WHEREAS, the support contemplated by this agreement is of mutual interest and benefit to PORT and City; it will further the Permit objectives, in a manner consistent with their status as co- permittees; NOW, THEREFORE, the Parties agree as follows: RESPONSIBILITIES OF THE PERMITTEES. Each permittee is individually responsible for: a. Compliance with permit conditions relating to discharges from portions of the MS4 for which they are the operator; b. Storm Water Management Program (SWMP) implementation on portions of the MS4 for which they are operator; c. Compliance with annual reporting requirements; d. Collection of representative wet weather monitoring data, according to such agreements established between Permittees; and e. A plan of action to assume responsibility for implementation of the storm water management and monitoring programs on their portions of the MS4 should inter- jurisdictional agreements allocating responsibility between Permittees be dissolved or in default. 2. SHARED RESPONSIBILITIES. a. Spill Prevention and Response. If either the City or PORT becomes aware of a spill, disposal, leak, discharge, or other release of oil, pollutant or any hazardous substance in an amount that may be harmful, and that may flow, leak, enter, or otherwise be introduced, or threaten to be released, into the MS4 operated by the other (an "Incident"), the City or PORT, as the case may be, shall promptly notify the other party of the Incident, describing the location and source of the release, the type of substance, the concentration and the volume (if known), and any corrective action known to have been taken. PORT shall notify City of any Incident by calling the City's Customer Service Call Center at (361) 826-2489. 2009-003 Ill notify PORT of any Incident by calling PORT at (361J 885-6163. Res. 028009 01/13/09 Port of Corpus Christi b. In exchange for any goods or services provided by the City, the PORT shall reimburse the City for costs incurred by providing meeting space and/or training opportunities, as funding allows. 3. TERM. This Agreement becomes effective upon approval of the Corpus Christi City Council and final signatures of the City and PORT and will renew annually unless terminated by either Party under the terms of this Agreement. 4. TERMINATION. This Agreement may be terminated by any of the following methods: a. By mutual consent of the signatories or their designees, with the approval of the TCEQ. b. By either party, upon failure of the other party to fulfill its responsibilities and obligations as set forth in this Agreement, and with the approval of the TCEQ. c. If termination is due to the failure of either party to fulfill its obligations under this Agreement, the other party shall be notified in writing that a possible breach of contract has occurred. The noncomplying party shall then have 30 days after such notice to respond and/or cure such alleged breach of contract before this Agreement may be terminated. If 30 days elapses after notice without a cure of such alleged breach, the TCEQ shall be notified that a possible termination may occur. 5. NOTICES. Except for the calls required under the Spill Prevention and Response Notification under § 2A of this Agreement, all notices to parties under this Agreement shall be in writing and sent to the names and address stated below. Either party to the Agreement may change the name and address by notice to the other in accordance herewith, and any change shall take effect immediately upon receipt of the notice. TO PORT: Port of Corpus Christi Authority Attn: Environmental Compliance Manager 222 Power Street (78401) P.O. Box 1541 (78403) Corpus Christi, Texas TO CITY: City of Corpus Christi Attn:-Environmental Services Superintendent Storm Water Department P.O. Box 9277 Corpus Christi, TX, 78469-9277 6. LIABILITY. It is understood that City shall not be liable for any claims against PORT, its officers, agents, representatives, employees, contractors, subcontractors, or other third persons, for damage resulting from or arising out of the activities of PORT officers, agents, representatives, employees, contractors, subcontractors, or other third persons under this Agreement, and PORT agrees, to the extent permitted by the Constitution of the State of Texas, to hold City harmless from any and all claims. It is also understood that PORT shall not be held liable for any claims against City, its officers, agents, representatives, employees, contractors, subcontractors, or other third persons, for damage resulting from or arising out of activities of the City officers, agents, representatives, employees, contractors, subcontractors, or other third persons, and City agrees, to the extent permitted by the Constitution of the State of Texas, to hold PORT harmless from any and all claims. 7. TCEQ. All references herein to the TCEQ shall be deemed to mean any successor agency to it, if its successor is delegated authority to administer the TDPES permit program. 8. SUCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the Parties and their respective successors and assigns, but this provision shall not be considered to permit any assignment by a party of any of its rights or obligations under this Agreement as expressly provided in this Agreement. 9. SEVERABILITY. Each provision of this Agreement shall be considered to be severable, and if any one or more of the provisions herein are for any reason held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 10. VENUE. This agreement shall be construed in accordance with the laws of the State of Texas. SIGNATORIES: CITY ~ ay: '.cl.~s~ei e R. Escobar, P.E. iry Manager City of Corpus Christi By: Armando Chapa City Secretary PORT OF CO S I TI AUTHORITY By: John P. LaRue Executive Director Port of Corpus Christi Authority (6, ~ o Acknowledgement Sworn and.~sr ~lbscribed before me, the undersigned authority, on this the~~day of 2008, by JO4Fnl P ~ QcLF (printed name) whose title is 7U2~ Port of Corpus Christi Authority, who on his oath deposed that he did make the foregoing instrument on behalf of the Port and that he has the legal capacity to do so. Approved as to form this'~'/~' day of;~~~~ 2008: Mary K y ischer, ttorney By: Veronica Ocanas Assistant City Attorney for City Attorney I C""' 0 ~~~ AUINUNIt« 6Y C-0UROIL _ I ~ 3 ---~----~--_......... ~G SEORRTARM ((/l PEIiUY ELAN MEfTLEN y ~ Notary Publlc STATE OF TEXAS My Comm. Fey. 07-09-2009 ~ ~~~ RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH THE PORT OF CORPUS CHRISTI AUTHORITY IN CONNECTION WITH THE CITY OF CORPUS CHRISTI MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM (TPDES) PERMIT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to execute an Interlocal Cooperation Agreement with the Port of Corpus Christi Authority of Nueces County, Texas in connection with the City of Corpus Christi Municipal Separate Storm Sewer System (MS4) Texas Pollutant Discharge Elimination System (TPDES) Permit. ATTEST: Q YL~~-rvC., -- Armando Chapa City Secretary G1VTY F CORPUS CHRISTI Henry Ga ett Mayor A R'Off ,VED 1'TO F/(1#21VI: 30-Dec-08 W~"" ~-~-6~° Veronica Ocanas Assistant City Attorney For City Attorney ~h~c~r~g H:\lEG-DIR\Veronica0\4. STORMWATER\.... ,agenda items\71309\11309 RESO Interlocal Porl Copermittee, TPDES Permit.doc i OF 2 day of <~~~e~U~h ~,~„ 2009. The above resolution was passed by the following vote: Henry Garrett lJ~ Melody Cooper ~Q _~ Larry Elizondo, Sr. Mike Hummel) ~. Bill Kelly Q ~~ ~~ Priscilla G. Leal ~Q. John E. Marez Nelda Martinez Michael McCutchon ~~p -~ ,~~~~~~ H:\LEG-DIR\Veronica0\4. STORMWATER\..... a g e n d a items\11309\11309 RESO Interlocal Port Copermittee, TPDES Permit.doc 2 OF 2