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HomeMy WebLinkAboutC2017-556 - 11/16/2017 - NA i.1I X^, .A& UN1V1?1.S11 Y CORPUS CI IRISH FIRST AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT between TEXAS A&M UNIVERSITY-CORPUS CHRISTI and THE CITY OF CORPUS CHRISTI re: City of Corpus Christi Municipal Separate Storm Sewer System (MS4); and Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0004200000 THIS FIRST AMENDMENT is made and entered into this 11TH day of October, 2017, by and between TEXAS A&M UNIVERSITY- CORPUS CHRISTI, an agency of the State of Texas ("TAMU-CC"), and 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, WHEREAS, this Amendment is to the Interlocal Cooperation Agreement between TAMU-CC and City entered into January 8, 2014 (See, attached); and WHEREAS, the Parties; mutually agree to amend the Agreement as follows: 1) §2.a Shared Responsibilities: Remove "City shall notify TAMU-CC of any incident by calling TAMU-CC at (361) 825-5555", and replace with "City shall notify TAMU-CC's University Police Department of any incident by calling UPD at(361) 825-4444, which is a 24 hour telephone line. UPD shall contact TAMU-CC's Environmental Health & Safety office to relay incident to be addressed". NOW THEREFORE, all other terms and conditions of the Agreement not modified herein shall remain in full force and effect. TEXAS A&M UNIVERSITY THE CITY OF CORPUS CHRISTI - CORPUS CHRISTI I By: 1,, ,--, By: 'ft) e ' I-b°-') 7( Ter Tatum Margie C. Rose Executive VP for Finance &Administration City Manager LA Dated: 01 ao (/ Dated: II. 142. 11 ATTEST: BY: ► ' _? . Illi • / . . ebecca L. Huerta City Secretary Dated: is ) l� 11 /waived as -_to f�xs�n: ?al7 2017-556 11/16/17 ae iAl Li gu ni TAMU-CC Assistant C' rney For city Attomy IND ED THE STATE OF TEXAS § COUNTY OF NUECES § INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI&TEXAS ASM UNIVERSITY-CORPUS CHRISTI CONCERNING THE CITY OF CORPUS CHRISTI MUNICIPAL SEPARATE STORM SEWER SYSTEM(MS4) TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM(TIDES) PERMIT No.WQ0004200000 This Agreement is entered into the 12,'h day ofOh uo.r`1 2014 by and between THE CITY OF CORPUS CHRISTI, a Texas home-rule municipal corporation ("City"), and po0tical subdivision of the Stale, 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 ("TAMUCC'), each of which has been authorized by Its respective governing body through an appropriate Ordnance, 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"pemrtttees." 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-pennittees, 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 PermiCobjectives, in a manner consistent wi0t their status as copermi0ees; 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 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 intejurisdictional 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 c. In exchange for any goods or services provided by the City, TAMU-CC shall reimburse the City for costs incurred by contributing material andlor 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 shal 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 andlor 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§M of this Agreement, ell 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 kr accordance herewith, and any change shall take effect immediately upon receipt of the notice. TO TAMU-CC: Texas AMM University-Corpus Christ Atm: Director, Environmental,Health&Safety Department Natural Resources Center, Suite 1100 6300 Ocean Drive, Unit 5876 Corpus Christi,TX,78412-5878 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 Iiabdity, 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. SEVERABILRY. 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 reaped, such Invalidity, illegality, or unenforceabuity 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 TAMU-CC By: 'IL �� By: ((�,/ I4 ,4 Ct L. •Ison Nome: g.t City Manager Title: b .0 r figg, � �d • City of Corpus Christi Texas A:M University-Co .us Christi • tuary l4 y I S i# ([- ATTEST: MARY E.GONZALEZ ' {•• Notary Public,State of Texas By: ,�_f Zl Al ) £1y Contmission apes TI % April 22,20 4 Rebecca Huerta City Secretary NO fT AY WITHOUT BONO ACKNOWLEDGEMENT Sworn and subscribed beforeme, Shen undersigned authority, on this the gf� day of J nllcq n 2 by D 1r3 14, l�A$e (printed name) whose title is fiRE , • (to��AA F 4 . 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 th.. '11,6—day of , 2014: Lisa A. i ar, Interi ity Attomey By: IA Veronica Ocanas Senior Assistant City Attorney for City Attorney taLrc 1 v i at 0 MUNCUL --� ��SECA£TAAv eos w INFORMAL STAFF REPORT (1ii' • MEMORANDUM To: Margie C. Rose, City Manager Thru: Mark Van Vleck, Assistant City Managers cc" Gabriel Ramirez, Assistant Director of Water Quality and Treatment V From: Crystal Ybanez, Water Quality Manager C- Date: October 24, 2017 Subject: Interlocal Agreement between City &TAMU-CC Issue TAMU-CC is requesting an update to the current Interlocal Agreement (ILA) concerning the City of Corpus Christi Municipal Separate Storm Sewer System (MS4). Background & Findings The MS4 Texas Pollutant Discharge Elimination System (TPDES) permit was issued by TCEQ on August 11, 2008. In January 2009, Interlocal Agreements were established with TAMU-CC, Del Mar, Port of Corpus Christi Authority, and TXDOT. The ILA established a contract to ensure each individual group is responsible for their MS4 jurisdiction and upholding permit conditions, compliance, and implementation of Stormwater Management Programs. The ILA also ensures that each entity will contact one another if spills occur that could threaten the MS4 in each separate jurisdiction. The original ILA in 2009 was set to expire after a 5-year term, which coincides with the permit expiration. However, due to TCEQ backlog, the permit set to expire in 2013 is still the valid permit being followed. The revised 2014 ILA removed the 5-year term limit. It is expected that when TCEQ issues a new permit, a new ILA will be established with each co-permittee, however at this time TCEQ does not have an expected date of completion for the renewed permit. The amendment to the 2014 ILA that TAMU-CC is requesting remains the same in content with only the contact number for TAMU-CC changing. Conclusion The amendment to the TAMU-CC ILA should be made to update the contact phone number of the co-permittee. No other changes are being proposed and jurisdiction and responsibilities remain the same.