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.