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Home My WebLink AboutC2013-125 - 4/23/2013 - Approved1 STATE OF TEXAS § COUNTY OF NUECES § INTERLOCAL AGREEMENT This lnterlocal Agreement made and entered into this .20 day g day of eb+2 , 2013, by and between Texas A &M University - Corpus Christi actin through its Natio al Spill Control School, and the City of Corpus Christi, a Texas home -rule municipal corporation hereinafter referred to as "City ", under the authority and in accordance with the lnterlocal Cooperation Act, as set out in Chapter 791, Texas Government Code WHEREAS, Texas Government Code, Chapter 791, authorizes local governments of the state to enter into contracts for governmental functions and services to increase their efficiency and effectiveness; and WHEREAS, the Texas A &M University — Corpus Christi ( "TAMU -CC ") and the City are local governments as defined in Texas Government Code, Section 791.003(4), have the authority to enter into this agreement, and have each entered into this agreement by the action of its governing body in the appropriate manner prescribed by law; and WHEREAS, both the City and TAMU -CC represent to one another that each respective party has the authority to enter into this agreement and perform the obligations and duties stated herein; and WHEREAS, the National Spill Control School at TAMU -CC (NSCS) and the City of Corpus Christi Marina (CCM) envision an era of expanded cooperation building upon the many years of successful collaboration already appreciated by both organizations; and WHEREAS, the National Spill Control School at Texas A &M University Corpus Christi TAMU -CC has been using the City of Corpus Christi Marina boat ramps, a small area of L -Head space adjacent to the boat ramps, storage spaces, and waters inside the protective bulkhead to conduct periodic spill response training exercises for over 10 years; and WHEREAS, these facilities have been used only during the NSCS course exercises; and WHEREAS, all NSCS spill response equipment is currently mobilized for each course to the CCM from the TAMU -CC campus; WHEREAS, prior the 9111 events in 2001, since its inception in 1977, the NSCS had conducted some spill response exercises inside the harbor of the Port of Corpus Christi and the shift of location to the CC Marina was in the interest of homeland security; and 2013 -125 4123113 Res. 029794 TAMU -CC UNDEXED 2 WHEREAS, in 2011 and 2012 the CC Marina experienced a period of expanded services that now include a tenant -owned marine fueling facility and a bilge oil collection station sponsored by the Texas General Land Office (TGLO); and as a result of these developments, the CC Marina now desires to store spill response equipment on the CCM premises and certain CCM staff must be trained in spill response and oil spill safety; and WHEREAS, in 2012 the NSCS was the recipient of a large beneficial contribution which includes about 4000 feet of spill containment boom, skimmers, pumps, and other spill response equipment, and the volume of the contribution has exceeded the existing storage capacity assigned to the NSCS at the TAMU -CC campus; and WHEREAS, the TAMU -CC and the City specify that each party paying for the performance of said functions of government shall make those payments from current funds available to the paying party. NOW THEREFORE, this contract is made and entered into by TAMU -CC and City in consideration of the aforementioned recitals and for the mutual consideration stated herein ( "The Agreement "): 1. PURPOSE OF AGREEMENT The purpose of this agreement is to establish a framework for collaboration between the NSCS and the CCM which assures mutually beneficial conditions but involves no exchange of funds between the two organizations. The NSCS will provide equipment and training. The CCM will provide storage space and access to utilities (fresh rinse water). 1 2. NSCS RESPONSIBILITIES The NSCS will provide the following: A. The NSCS will train the staff of the CC Marina in proper spill response techniques. The CCM will be informed of each oil spill course provided by the NSCS. The CCM will be allowed to register 1 to 3 individuals in each course. The only exception may be that some proprietary courses are offered for specific industrial clients and even these could include CCM personnel if acceptable to the client. B. A secured spill response storage container of approximate size of 20 feet by 8 feet by 8 feet high will be provided and staged at the CCM by the NSCS, at a mutually agreed upon location . The container and its contents will be maintained in good condition by the NSCS. Keys to the container locks will be held by both the CCM and the NSCS. Contents of the container will include: 1) At least 500 feet of oil spill containment boom, 2) Sufficient anchor systems with anchors, chain, rope, and floats to support the deployment of the stored boors, 3) One or more oil spill skimmers and associated motors and hoses, 4) At least one gasoline or diesel or hydraulically powered pump. C. The NSCS will allow free access to the storage container and its contents, and the free use of NSCS equipment, by the CCM in the event of oil or fuel spill emergency or regulatory inspection. D. An inventory of equipment will be conducted semi- annually by the NSCS. NSCS will immediately notify CCM if any equipment is missing or damaged. E. Maintenance and replacement of equipment will be the responsibility of the NSCS. Repair or replacement of damaged equipment will be made by the party causing the damage, subject to appropriation of funds. 3. City of Corpus Christi Marina Responsibilities A. The CC Marina will send staff members to the NSCS for spill response training. B. The CCM will allow the NSCS to store a secure marine container in a mutually agreeable location on the Cooper's Alley L -Head. One possible location is west of the boat ramps and across the boat ramps from the bilge oil and fuel storage facilities, which is the same location where the NSCS usually sets up a command post during spill response exercises. C. The CCM will include observation of this storage container in routine inspections of the L -Head. The CCM will advise the NSCS of any indications of unauthorized intrusion, vandalism, or natural degradation. D. The CCM will allow the NSCS to utilize vacant boat storage stalls on the L -Head for overnight boat storage at no charge during courses for approximately 1-3 nights per course. 4. TERM AND TERMINATION This Interlocal Agreement shall have an initial term of three (3) years and shall be effective upon its date of execution by the last party to execute the Agreement. The agreement shall automatically renew for successive one -year terms. This agreement may be terminated at any time with or without cause by either party upon ninety (90) days written notice to the other parties. Within thirty (30) days of expiration of this Agreement, TAMU -CC shall cause the removal of all of its equipment and storage facility from Corpus Christi Marina. 2 5. NOTICE Official notice shall be by written notice and delivery to all of the parties to this Agreement. Delivery shall be by deposit in the United States Postal Service, first class, return receipt requested to: TO TAMU -CC Texas A &M University - Corpus Christi Attn: Director of National Spill Control School 6300 Ocean Drive Corpus Christi, Texas 78412 TO THE CITY: City of Corpus Christi Attn: Marina Superintendent P.O. Box 9277 Corpus Christi, Texas 78469 -9277 6. INDEMNIFICATION TAMU -CC and the City agree that both TAMU -CC and the City shall each be responsible for their own negligent acts or omissions or other tortuous conduct in the courts of performance of this Agreement, without waiving any sovereign governmental immunity available to either TAMU -CC or City under Texas law and without waiving any available defenses under Texas law. Nothing in this paragraph shall be construed to create or grant any rights, contractual or otherwise, in or to any third persons or entities. 7. FISCAL FUNDING Notwithstanding anything to the contrary herein, this Agreement is expressly contingent upon the availability of funding for each item and obligation contained herein. In the event of insufficient funding, or if funds become unavailable in whole or part, either party, at its sole discretion, may provide funds from a separate source or terminate this Agreement. In the event that payments or expenditures are made, they shall be made from current funds as required by Chapter 791, Texas Government Code. 8. VENUE Venue to enforce this Agreement shall lie exclusively in Nueces County, Texas. 9. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties hereto and may not be modified except by an instrument in writing executed by the parties hereto as herein provided. 10. SEVERABILITY If any provision of this Agreement shall be held invalid, void or unenforceable, the remaining provisions hereof shall not be affected or impaired, and such remaining provisions shall remain in full force and effect. 11. DEFAULTIWAIVER It is not a waiver of default if the non - defaulting party fails to declare immediately a default or delays in taking any action. 12. COUNTERPARTS This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. IN WITNESS WHEREOF this Agreement has been executed on behalf of the City of Corus Christi and Texas A &M University — Corpus Christi in the manner provided by law. THE CITY OF CORPUS CHRISTI By: Rona d L. Olson J&49� City Manager Date: ATTEST: By: 4�2� Armando Chapa City Secretary TEXAS A &M UNIVERSITY CORPUS CHRISTI By: �' Bruce A. Payne Ir2�or onirnt�g prooe4y • V �MgR1� i