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Home My WebLink AboutC2009-004 - 1/13/2009 - ApprovedINTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI & DEL MAR COLLEGE CONCERNING THE CITY OF CORPUS CHRISTI MUNN:IPAL SEPARATE STORM SEWER SYSTEM (MS4) TEXAS POLLUTANT gSCHARGE ELIMINATION SYSTEM (TPDES) PERMR No. W40004200000 ~~~ This Agreement is entered into the f 3 day of f~l ~ X008, by and between THE CITY OF CORPUS CHRISTI, a Texas home-IUIe muniapal co ration (°City°) and polttical subdivision of the state, and DEL MAR COLLEGE ('DEL MARS, some0mes collectively referted to herein as ihe'Parties,° °co-permittees; or °pertnittees.° WHEREAS, on August 11, 2008, the Texas Commission on Environmental Quality (TCEQ) issued TPDES Permit No. WQ0004200000 (the °PermiP'); and WHEREAS, the Permit contemplates that the co-permitt@es will enter into an agreement that sets forth their respective rights, responsibilities, and obligations as co-pertntttees, the subsequent operation of their respective MS4, and the implementation of them respective stone water management programs pursuant to said TPDES Penntt; and WHEREAS, the Intedocal Cooperation Ad, Chapter 791, Texas Government Code authorizes local governments to contract to the greatest possible extent, with one another and with agendas of the state; and WHEREAS, the support contemplated by this agreement is of mutual interest and benefd to DEL MAR and City; tt will further the Permit objectives, in a manner consistent with their status as co- permittees; NOW, THEREFORE, the Parties agree as follows: 1. RESPONSIBILITIES OF THE PERMITTEES. Each pertnittee is individually responsible for: a. Compliance with permit conditions relating to discharges from portions of the MS4 for which they are the operator, b. Stone Water Management Program (SWMP) implementation on portions of the MS4 for which they are operator, c. Compliance wtth annual reporting requirements; d. Collection of representative wet weather monitoring data, according to such agreements established between Pemtiltees; and e. A plan of action to assume responsibilky for implementation of the storm water management and monttoring programs on their portions of the MS4 should inter- jurisdictional agreements allocating responsibility between Pertnittees be dissolved or in default. 2. SHARED RESPONSIBILITIES. a. Spill Prevention arld Response. If either the City or DEL MAR 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 'Inadent7, the City or DEL MAR, 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 (rf known), and any collective action known to have been taken. DEL MAR shall notify Cily of any Incident by calling fhe City's Customer Service Call Center at (361) 82&2489. 2009-004 'll nobly DEL MAR of any Incident by calling DELMAR at Res. 028008 1-1641or Securffy at (361) 698-1199. 01/13/09 Del Mar College b. The City and DEL MAR agree to use all reasonable efforts to regulate and othervvise control, to the extent of the jurisdiction and authority of each, contaminated storm water discharged onto the property of the other party. c. In exchange for any goods or services provided by the City, which may indude the City providing assistance to DEL MAR with Wet-Weather Field Screening, DEL MAR shall reimburse the City for costs incurred by sharing expenses or contributing material and/or manpower to the City's Stone Water educational activities, and/or providing meeting space, as funding allows. 3. TERM. This Agreement becomes effective upon approval of the Corpus Christi City Coundl and final signatures of the City and DEL MAR and will renew annually unless terminated by either Pady 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 notfied in writing that a possible breach of contract has occurred. The noncemptying party shall then have 30 days after such notice to respond and/or cure such alleged broach of contract before this Agreement may be terminated. ff 30 days elapses after notice without a cure of such alleged breach, the TCEQ shall be notfied that a possible termination may occur. 5. NOTICES. Except for tfie calls required under the Spill Prevention and Response Notfication 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 DELMAR: DEL MAR COLLEGE 6. Attn: Director of Environmental Health, Safety and Risk Management MB 106, 101 Baldwin BNd. Corpus Christi, Texas 784043897 TO CITY: City of Corpus Christi Attn: Environmental Services Superintendent Storm Water Department P.O. Box 9277 Corpus Christi, TX, 78469-9277 7. LIABILITY. It is understood that City shall not be liable for any daims against DEL MAR, its officers, agents, representatives, employees, contractors, subcontractors, or other third persons, for damage resulting from or arising oM of the activities of DEL MAR officers, agents, representatives, employees, contractors, subcontractors, or other third persons under this Agreement, and DEL MAR agrees, to the extent permitted by the Constitution of the State of Texas, to hold City harmless frwn any and all daims. It is also understood that DEL MAR shall not be held liable for any daims against City, its officers, agents, representatives, employees, contractors, subcontractors, or other thircl 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 DEL MAR hamtless from any and all claims. 8. 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. 9. SUCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefd 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. 10. 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 respell, such invalidity, illegality, or unentorceability 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. 11. VENUE. This agreement shall be construed in accordance with the laws of the State of Texas. SIGNATORIES: CITY ~ DQE~L M~A_R COLLEGE R. Escobar, P.E. Name Stephen Megregian Ity Manager Tdle Interim Vice President of Admin.& City of Corpus Christi DEL MAR COLLEGE ATTEST• sy: Armando Chapa City Secretary l?i~:..c~a.~vv.s~ SECkE'fAR ~- Acknowledgement Swom and subscri before me, the undersigned authority, on this the /`f day of ~~- , 2008, by llla~fit~c~ua./-,fACdiSon/ (printed name) whose title is~ti Pahli ~ DEL MAR, who on his oath deposed that he did make the foregoing instrument on behalf of DEL MAR and that he has the legal capacity to do so. tIM L ~ Nol9r f •:ali'~~~py I~r,., `' ' ' STATE OFFTElQws` .,. Approved as to form this day of 08. a;" My Comm. Erp. ov-18•zd72~ Mary ay r ermey - sy: ~V/ Veronica Oran s Assistant City Attomey for City Attomey RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH DEL MAR COLLEGE DISTRICT 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 Del Mar College District in connection with the City of Corpus Christi Municipal Separate Storm Sewer System (MS4) Texas Pollutant Discharge Elimination System (TPDES) Permit. ATTES~T: /~, f,) Armando Chapa City Secretary CITY OF CORPUS CHRISTI enry rrett Mayor AP~ROVED AS JQ FOR : 30-Dec-08 Veronica Ocanas Assistant City Attorney For City Attorney rz+i' ~ ,: ~lr~~ H:\LEG-DIR1VeronicaOl4. STORMWATER\..... a g e n d a items\t t309\17309 RESO Interlocal Del Mar Cooermittee. TPDES Peanit.doc 1 OF 2 ~_day of c~~, 2009. The above resolution was passed by the following vote: Henry Garrett ~~ Melody Cooper _ P Larry Elizondo, Sr. Mike Hummell Bill Kelly ~9 Priscilla G. Leal /~~~ John E. Marez (J~-(iV' Nelda Martinez Michael McCutchon ~- l ~% H:\LEG-DIR\VeronicaOkt. STORMWATER\..... a g e n d a i t e m s17 7309\11309 RESO Interlocal Del Mar Cooermittee. TPDES Permit.doc 2 OF 2