HomeMy WebLinkAboutC2019-699 - 12/17/2019 - Approved ?-0 (9 (73 39 5 . i4 • C ,
INTERLOCAL COOPERATION AGREEMENT
FOR LOCAL EMERGENCY RESPONSE PLANNING
SPECIFIC TO EXTREMELY HAZARDOUS SUBSTANCES
STATE OF TEXAS }
}
COUNTY OF NUECES }
On October 27, 1992, the Nueces County (County), the City of Corpus Christi (City), and Port of
Corpus Christi Authority(Port)entered into the first agreement for the purpose of providing for the
administration of the Local Emergency Planning Committee for Nueces County.
This Agreement continues the terms of the prior agreements, and is made by and between the
County,City,and Port,hereafter referred to collectively as the "Participants,"to further implement
the Federal Emergency Planning and Community Right-to-Know Act (Act), 42 U.S.C. 11001, et.
seq.
On June 24, 1987,the State Emergency Response Commission(SERC), as required by 42 U.S.C.
11001(b) and (c), designated each county as an emergency planning district and authorized the
county judges to appoint the members of the local emergency planning committee for their districts.
The Nueces County Judge has designated the City's Fire Chief as Chairman of the City of Corpus
Christi/Nueces County Local Emergency Planning Committee(LEPC). Section 11003(c)(3)of the
Act,Comprehensive Emergency Response Plans,requires designation of a Community Emergency
Coordinator. The LEPC Chairman has been designated as the Community Emergency Coordinator
for this emergency planning district. The Community Emergency Coordinator, makes the
determinations necessary to administer and implement the local emergency response plan.
This Agreement (1) further facilitates implementation of the Act by creating an administrative
position to assist the LEPC Chairman/Community Emergency Coordinator with extensive Federal
compliance requirements; (2) identifies the leading role of the City as the Administrator for the
LEPC; and(3)provides funding for training and administrative assistance to the LEPC.
I. TEXAS DISASTER ACT
This Agreement is in harmony with the requirements of the Texas Disaster Act of 1975,Government
Code, Sec. 418.107(b),which allows political subdivisions to make agreements for the purpose of
organizing emergency management services, and allows the creation of local emergency
management groups to meet broad emergency and disaster management challenges. While both the
County and City have independent emergency management programs,which are designed to respond
to a broad range of disasters, the LEPC provides a mechanism for the coordination of emergency
management efforts responding to incidents involving hazardous materials. The LEPC supports,but
does not supplant the efforts or authority of the City and County emergency management programs.
The City and County have committed to cooperate and coordinate their emergency response efforts,
including the operation of a unified emergency operation center.
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SCANNED
II. PARTICIPANT FUNDING
The Participants agree to support activities of the LEPC for emergency response to extremely
hazardous substances,with funds and in-kind contributions committed by each totaling at least the
value of$30,000.00 per year. The Port and County shall each contribute$10,000.00 to the fund each
year this Agreement is in effect. These monies shall be deposited with the LEPC Administrator
(City) for each fiscal year, which year runs from October 1 through September 30, as shall be
reflected in the LEPC by-laws. The City shall provide office space, telephone, utility, and all
appurtenant services,including legal,to enable the Administrator and an Administrative Assistant to
fulfill obligations of the Participants under State and Federal law.
III. CITY ADMINISTRATOR
The Participants further acknowledge that the City serves as Administrator of the LEPC for purposes
of implementing the Federally mandated plan and required training under the Community Right-to-
Know Act.
The City shall employ an Administrative Assistant to assist the LEPC Chairman/ Community
Emergency Coordinator. The Administrative Assistant shall be a paid City employee, whose
position shall be civilian managerial,funded as described in paragraph II,for so long as the City acts
on behalf of the LEPC as Administrator. The Administrative Assistant shall also serve as the LEPC
Information Coordinator.
Compensation for the Administrative Assistant may be further supplemented, as necessary, from
anticipated voluntary contributions made by private industry members of the LEPC.
The City reserves the discretionary right to relinquish the position of Administrator upon thirty days'
written notice to the County and the Port, and should the County Judge fail to reappoint the Fire
Chief as LEPC Chairman/Community Emergency Coordinator,the City may,at its option,withdraw
from this Agreement upon thirty days'notice to the County and the Port.
IV. FISCAL PROVISIONS
This Agreement is subject to the annual availability of current revenues by the local governments,
who are parties to this Agreement.
The City shall keep accurate accounts of receipts and disbursements. All monies will be deposited in
the name and to the credit of LEPC in an interest bearing account. The LEPC Chairman, or his
designee, will approve all disbursements, taking proper vouchers for such,disbursements. An
account of all transactions and the financial condition of the LEPC shall be rendered at the regular
LEPC meetings or whenever requested.
Although the LEPC fund shall be separate and custodial in nature,the annual LEPC budget drawn
from such fund shall be approved by the City Council in the form of an appropriation.
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V. ADMINISTRATIVE DECISIONS
Section 11003(c) of the Act provides that the Community Emergency Coordinator "shall make
determinations necessary to implement the [local emergency response] plan." However, the
Participants agree that any major policy or administrative decisions will be made jointly by the LEPC
and Community Emergency Coordinator/LEPC Chairman.
VI. DURATION OF AGREEMENT AND RENEWAL
The term of this Agreement is five years, beginning on August 1, 2019. This Agreement shall be
automatically extended for a subsequent year, unless any party gives written notice to the other
Participants of its intent to withdraw from the agreement or requests an amendment to the agreement.
A notice of withdrawal or request for amendments should be submitted before the first day of
September.
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Nueces County -•x s
By: i. 13 l9
Barbara Canales, County Judge Date
APPROVED:
Laura Garza Jimenez, County Attorney
By:
ounty Attorneyfic914/L) Date
Port of C us C is;• uthority of Nueces County _ na
By: ►1� lit
\°/
Sean Strawbridge, Chie xecutive Officer Date
City of Corpus Christi
By: ,12/20 2�j
P _. - ; -• _ . . . Date `
ATTEST:
By: ./J
' -becca L. Huerta, City Secretary
APPROVED:
By: die, 4151.1" / //3l
) b
aeriel A. Rodriguez, A• t City Attorney Date
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