HomeMy WebLinkAboutC2014-049 - 2/18/2014 - Approved THE STATE OF TEXAS §
COUNTY OF NUECES §
INTERLOCAL COOPERATION AGREEMENT
BETWEEN
THE CITY OF CORPUS CHRISTI &TEXAS A8M UNIVERSITY-CORPUS CHRISTI
CONCERNING THE
CITY OF CORPUS CHRISTI MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM (TPDES)
PERMIT No. WQ0004200000
This Agreement is entered into the .R4 ' day oftiTa.m.0 r , 2014 by and between
THE CITY OF CORPUS CHRISTI, a Texas home-rule municipal corporation ("City"), and
political subdivision of the State, acting by and through its duly authorized City Manager or
designee, and Texas A&M University - Corpus Christi, a member of The Texas A&M University
System, an agency of the State of Texas ("TAMU-CC"), each of which has been authorized by
its respective governing body through an appropriate Ordinance, Resolution, or Order to enter
into this agreement and is acting by and through its duly authorized agents, 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 the City of Corpus Christi Municipal Separate Storm Sewer System (MS4) Texas
Pollutant Discharge Elimination System (TPDES) Permit No. WO0004200000 (the "Permit");
and
WHEREAS, the Permit requires co-permittees to 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 TAMU-CC and City; it will further the Permit objectives, in a manner consistent with
their status as copermittees;
NOW THEREFORE, the Parties agree to the following:
1. 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
2014-049
2/18/14
Res. 030090
TAMU-CC INDEXED
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 interjurisdictional agreements allocating responsibility between
Permittees be dissolved or in default.
2. SHARED RESPONSIBILITIES.
a. Spill Prevention and Response. If either the City or TAMU-CC 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
TAMU-CC, 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.
• TAMU-CC shall notify City of any incident by calling the City's
Customer Service Call Center at(361) 826-2489.
• City shall notify TAMU-CC of any incident by calling TAMU-CC at
(361) 825-5555.
b. The City and TAMU-CC agree to use all reasonable efforts to regulate
and otherwise 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, TAMU-CC
shall reimburse the City for costs incurred by contributing material and/or
manpower to the City's Storm Water educational activities, providing
meeting space, and/or assistance with public surveys, as funding allows,
with written approval by both parties.
d. In the event that the costs for the goods and services provided by the City
are not covered by the exchange of services or materials described in
subparagraph c. above, the parties shall agree in writing to these costs
prior to incurring such cost.
3. TERM. This Agreement becomes effective upon approval of the Corpus Christi City
Council and final signatures of the City and TAMU-CC 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 TAMU-CC:
Texas A&M University-Corpus Christi
Attn: Director, Environmental, Health & Safety Department
Natural Resources Center, Suite 1100
6300 Ocean Drive, Unit 5876
Corpus Christi, TX, 78412-5876
TO CITY:
City of Corpus Christi
Attn: Environmental Services Superintendent
Storm Water Department or
P.O. Box 9277
Corpus Christi, TX, 78469-9277
6. LIABILITY. To the extent allowed by the Constitution and Laws of the State of
Texas, TAMU-CC, and City agree that each party assumes any and all risks of
liability, loss, damages, claims, or causes of action and related expenses, including
attorney fees, caused or asserted to have been caused directly or indirectly by or as
the result of the negligent acts or omissions of that party and the officers, employees,
and agents thereof.
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.
CITY
! 11 TAMU-CC
�s . LBy: � i
By: r2/ '1 ,4 Ct likj
Ron kli Ol son N me: ,. ../ �'.City - ager Title: ■ i' . .., • 105111 42 s : ''''i3 .
City of Corpus Christi Texas A: M University-Co •us Christi
ATTEST: °` 60I/ . r� �' 4.
-0,7,7%:� MARY E. GONZALEZ
By �T j -'1 Notary Commission Public,state p Texas
I {IL �" My Commission Expires
April 22,2014
Rebecca Huerta 3V
City Secretary NO TAIiY WITHOUT BOND
ACKNOWLEDGEMENT
Sworn and subscri d befor9 e, he i"undersigned authority, on this the 4 f� day of
J nikq 2i it, by J& ns /A. CAsi.4 (printed name) whose title is
• ...:..0 e r i Texas A&M `University-Corpus Christi, who on his oath
deposed that he did make the foregoing instrument on behalf of the University and that he has
the legal capacity to do so.
Approved as to form this `lay of , 2014:
Lisa Agui r, Interim • y Attorney
By: '!L
Veronica Ocanas
Senior Assistant City Attorney b
for City Attorney Q.e3 .OW Au t rse��� �i.•
it VSWIO l
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