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R-96-06-13-10A - 6/13/1996Mayor Charles Culpepper Mayor Pro-tem Earl Palmer Council Members Robert Sttekn Rod Morgan Rick Steuart Martha Chute: Jemmy Joseph City Manager Robert L. Bennett. -h efty Attorney Stephan L Sheets June 18, 1996 Dart Pearson, Executive Director Texas Natural Resource Conservation Commission 12100 Park 35 Circle Austin, TX 78753 Dear Mr. Pearson: The Round Rock City Council approved Resolution No. R- 96 -06- 13-10A on June 13, 1996. Enclosed is a copy of the resolution and two original Interlocal Contracts. Please sign both contracts, retain one for your files and mail one to our office. If you have any questions, please do not hesitate to call. Thank you. Joanne Land Assistant City Manager/ City Secretary Enclosures THE CITY OF ROUND ROCK 221 East Main Street Round Rock, Texas 78664 512 -218 -5400 Fax 512- 218 -7097 1- 800 -735 -2989 (TDB) 1. 800 -735 -2988 (Voice) WHEREAS, the Edwards Aquifer is a vital source of water for municipal, agricultural, recreational and other purposes for the people of central Texas, and WHEREAS, both the Texas Natural Resource Conservation ( "TNRCC ") and the City of Round Rock ( "City ") have an interest in and a responsibility for maintaining and protecting the quality of water in the Edwards Aquifer, and WHEREAS, through the joint efforts of the TNRCC and the City, the level of groundwater quality protection will increase beyond the level which either the TNRCC or the City could achieve acting independently, and WHEREAS, an Interlocal Contract has been proposed whereby the City will assist the TNRCC in reviewing development plans to assure that they are in compliance with the rules and regulations protecting the Edwards Aquifer, and WHEREAS, the City Council wishes to approve said Interlocal Contract, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Interlocal Contract with the Texas Natural Resource Conservation, a copy of said contract being attached hereto and incorporated herein for all purposes. ATTEST: RESOLVED this 13th day of June, 1996. C \"PMOCS \RESOWrr \R66o61.A ]■P /R9 RESOLUTION NO. R- 96- 06- 13 -10A 0 CHARLES CULPEPp'ER, Mayor City of Round Rock, Texas THE STATE OF TEXAS COUNTY OF TRAVIS 1I. SCOPE OF WORK INTERLOCAL CONTRACT THIS AGREEMENT ( "AGREEMENT" OR "CONTRACT ") is entered into and beginning on JLii)E 6 , 1996, by and between the Governmental Entities shown below as Contracting Parties, pursuant to the authority granted and in compliance with the provisions of "The Interlocal Cooperation Act," Texas Government Code, Chapter 791. I. CONTRACTING PARTTES: The RECEIVING AGENCY: Texas Natural Resource Conservation Commission The PERFORMING PARTY: The City of Round Rock See "Attachment A" III. FEE COLLECTION: See "Attachment B" IV. ADDITIONAL CONTRACT PROVTSTONS See "Attachment C" Contract Number RECEIVING AGENCY further certifies that it has the authority to contract for the above services by authority granted in the TEX. WATER CODE § 5.229, TEX. WATER CODE § 26.175, and TEX. GOVT. CODE § 791.011. PERFORMING PARTY further certifies that it has authority to perform the services contracted for by authority granted in Tex. Water Code § 26.175, and TEX. GOVT CODE § 791.011. By: Date: VI. ATTACHMENTS Attachments "A -C" are attached to this Contract and are hereby incorporated herein and made a part of this Contract for all purposes. RECEIVING AGENCY PERFORMING PARTY Texas Natural Resource Conservation Commission (Nafie of Agency) 1 Executive Director 2 By: (Name of Agency) Dan Pearson Charles Culpepper Ma yor Co Date: ~/3 -9C0 ATTACHMENT A SCOPE OF WORK 3 ATTACHMENT A SCOPE OF WORK ARTICLE 1. SUMMARY AND GENERAL PROVISIONS (a) DEFINITIONS: (1) The terms and provisions of this Contract shall have the meanings set forth in 30 TAC § 313.3, unless otherwise provided herein. Otherwise, the terms defined 'in this Contract shall have the following meanings: (A) Boundaries of City: The corporate limits of the City as they may be changed from time to time. (B) Water Pollution Abatement Plan (WPAP): Any plan required to be submitted pursuant to 30 TAC §§ 313.4, (Water Pollution Abatement Plan for Regulated Development), 313.5, (Organized Sewage Collection �+ Systems), and 313.11, (Static Hydrocarbon Storage in Aboveground Storage Tanks). Any fiirther reference to WPAP, unless specifically stated otherwise, refers to the above three sections. (b) The RECEIVING AGENCY hereby delegates to the PERFORMING PARTY certain rights, duties and responsibilities, as described herein, to review and approve WPAP applications for regulated activity within any regulated development located within the boundaries of 4 the PERFORMING PARTY and to monitor compliance with the approved WPAP application. The RECEIVING AGENCY does not delegate to the PERFORMING PARTY and expressly reserves the duty to continue to review WPAP applications for compliance with 30 TAC §§ 313.5(c)(2)(ii) and 313.5(c)(3), concerning pressurized collections systems and lift stations, respectively. Nothing in this Contract is intended to restrict the powers of the RECEIVING AGENCY or any other governmental entity to prevent, correct, or curtail activities that result or might result in pollution of the Edwards Aquifer, or waters in the State. The RECEIVING AGENCY expressly reserves the right, duty, and responsibility to enforce compliance with the approved WPAP, the Texas Water Code, and all rules promulgated by the RECEIVING AGENCY. (c) The PERFORMING PARTY will assume the rights, duties, and responsibilities to review and approve WPAP applications for development within its boundaries and to monitor compliance with the +approved WPAP application. The PERFORMING PARTY does not assume the duty to review WPAP applications fdr compliance with 30 TAC §§ 313.5(c)(2)(ii) and 313.5(c)(3), concerning pressurized collections systems and lift stations, respectively. That duty remains with the Executive Director of the Texas Natural Resource Conservation Commission (the "TNRCC "). (d) For the purposes of this Contract only, wherever 30 TAC §§ 313.4, 313.5, and 313.11 contain the phrase "executive director" or 5 "district office," these terms shall be deemed to mean the PERFORMING PARTY. The PERFORMING PARTY agrees to undertake and perform the duties and assume the responsibilities of the executive director and the district office as set out in 30 TAC §§ 313.4, 313.5 and 313.11. (e) The PERFORMING PARTY shall review each WPAP application submitted, determine if it is administratively complete, and determine if the WPAP meets the'standards for water quality protection promulgated by the RECEIVING AGENCY, as set forth in chapter 313 of Title 30 of the Texas Administrative Code. If necessary, the PERFORMING PARTY shall require the applicant to make any and all changes in its WPAP so that the water quality protection standards are met. The PERFORMING PARTY shall approve no WPAP application which does not meet these standards. (f) The RECEIVING AGENCY and the PERFORMING PARTY agree that the executive director shall continue to have the responsibility to review and approve WPAP's for regulated development undertaken by the PERFORMING PARTY itself. (g) The PERFORMING PARTY shall have the right to defer the review and approval of any application for a WPAP to the executive director. The PERFORMING PARTY shall inform in writing both the executive director and the applicant of any decision to defer. 6 (h) The PERFORMING PARTY shall -make no determination of administrative completeness until it has received confirmation from the RECEIVING AGENCY that any draft or check used to pay the application fees has cleared the applicant's account and the RECEIVING AGENCY has received the funds. Once the PERFORMING PARTY determines that the required submission of the WPAP application is administratively complete, the PERFORMING PARTY must immediately notify the TNRCC and immediately provide that office with two copies of the application by mailing to the following address until further notice: Austin Regional Office Texas Natural Resource Conservation Commission 1921 Cedar Bend, Suite 150 Austin, Texas 78758 The TNRCC reserves the right to change the designated address for notification and application purposes as needed. The PERFORMING PARTY shall also submit a written initial site inspection report at this time. The report shall be in narrative form, describing the geological characteristics at the site compared with what was t described in the geologic assessment. RECEIVING AGENCY reserves ttie right to conduct spot checks of all site inspections. The TNRCC may review the WPAP approval and may provide recommendations to the PERFORMING PARTY concerning the application. The TNRCC will have 10 working days from receipt of the application to make such review and provide such recommendations to the PERFORMING PARTY and the PERFORMING PARTY shall follow these recommendations. This review by the RECEIVING AGENCY does not eliminate the PERFORMING PARTY'S obligation to conduct its own independent 7 (i) (j) review. Once the PERFORMING PARTY decides to approve a WPAP, the decision will not be effective as a final approval until five working days after the TNRCC has received two copies of the PERFORMING PARTY's approved WPAP application, including two copies of all correspondence. The RECEIVING AGENCY may review the PERFORMING PARTY'S approval. If the RECEIVING AGENCY makes such review of the PERFORMING PARTY's approval, it may direct the PERFORMING PARTY to amend the PERFORMING PARTY's WPAP approvals or deny the WPAP application, prior to the issuance of the final approval to the applicant. This review by the RECEIVING AGENCY of the PERFORMING PARTY'S approved WPAP application does not constitute approval of the WPAP by the Texas Natural Resource Conservation Commission. Upon approval of a WPAP by the PERFORMING PARTY, and subsequent approval by the RECEIVING AGENCY, the PERFORMING PARTY shall notify the RECEIVING AGENCY upon the initiation of any construction done in accordance with the approved WPAP. The PERFORMING PARTY shall also notify RECEIVING AGENCY upon the completion of any construction done in accordance with the approved WPAP. (k) The PERFORMING PARTY shall not issue an approval letter until the PERFORMING PARTY confirms that all fees have been paid in full. 8 (1) The PERFORMING PARTY shall designate staff to review plans in accordance with the terms of this Contract. Such designated staff shall be available for maintaining communication between the PERFORMING PARTY and the RECEIVING AGENCY, with regard to matters addressed in this contract. (m) Upon issuance of approval in accordance with section (i) of this attachment to this contract, the PERFORMING PARTY shall provide to the applicant the approval letter, with all related correspondence or plan amendments attached. In addition to the other provisions contained therein, the approval letter shall specify that the applicant must keep the approval letter, the WPAP application, and all related correspondence or plan amendments on - site during the execution of regulated activities. (n) The RECEIVING AGENCY and the PERFORMING PARTY agree that representatives of their staffs will meet biannually to exchange idea6 and information, review the past activities relative to this Contract, and review any concerns regarding 'the Edwards Aquifer Rules which the RECEIVING AGENCY or PERFORMING PARTY may wish to address. This Contract will be reviewed at the biannual meetings and modifications may be proposed based upon the review. However, nothing in this section shall prohibit the parties from modifying this document at any other time. (o) Upon acceptance of a WPAP application, the PERFORMING PARTY shall 9 forward the payment of fees to the following address: Texas Natural Resource Conservation Commission Fiscal Services Section P.O. Box 13087 Austin, Texas 78711 -3087 (p) In the event that an applicant discovers any significant recharge features and notifies either the RECEIVING AGENCY or PERFORMING PARTY, pursuant to 30 TAC §§ 313.4(d)(2), 313.5(d)(2), the party notified shall immediately notify the other of the discovery. (q) The PERFORMING PARTY shall prepare and submit a quarterly report for the RECEIVING AGENCY. The quarterly report shall be sent to the RECEIVING AGENCY by the fifth working day of the month following the close of the fiscal quarter. The quarterly report shall include the following information: (1) The number of WPAP applications reviewed by the PERFORMING PARTY for that quarter; (2) The number of WPAP applications approved by the PERFORMING ¥ PARTY for that quarter; i (3) The number of WPAP applications denied by the PERFORMING PARTY for that quarter; (4) The'number of initial site inspections by the PERFORMING PARTY for that quarter; (5) The number of WPAP follow -up site inspections by the PERFORMING PARTY for that quarter; and (6) The number of WPAP violations noted by the PERFORMING PARTY for that quarter. 10 Y f 11 ATTACHMENT B BASIS FOR CALCULATING REIMBURSABLE COSTS 12 i ATTACHMENT B BASIS FOR CALCULATING REIMBURSABLE COSTS ARTICLE 1. BASIS FOR CALCULATING REIMBURSABLE COSTS This contract has been executed by the PERFORMING PARTY and the RECEIVING AGENCY because the joint efforts of the RECEIVING AGENCY and the PERFORMING PARTY will increase the level of surface and groundwater quality protection beyond the level either the RECEIVING AGENCY or the PERFORMING PARTY could achieve independently. Section 26.0461 of the Texas Water Code and section 313.27 of Title 30 of the Texas Administrative Code provide for WPAP application fees for those plans required to be submitted for approval. The RECEIVING AGENCY is required by law to collect those application fees. THE RECEIVING AGENCY will reimburse the PERFORMING PARTY for its services in reviewing the submitted WPAP applications. The RECEIVING AGENCY shall pay the PERFORMING PARTY fifty percent r (50 %) of the amount of the fees collected by the RECEIVING AGENCY for those WPAP applications reviewed by the PERFORMING PARTY. Subject to the cap described in this Article 1. The amount paid by the RECEIVING AGENCY to the PERFORMING PARTY IS based upon the number of WPAP applications reviewed by the PERFORMING PARTY and the amount of fees collected. The RECEIVING AGENCY paying for the performance of governmental functions or services will make those payments from current revenues available to the RECEIVING AGENCY. 13 The amount paid by the RECEIVING AGENCY to the PERFORMING PARTY shall be capped at $10,000 for the State's 1997 fiscal year (September 1, 1996 September 1, 1997) with the cap for the remainder of the State's fiscal year 1996 calculated on a prorated share of $10,000 to reflect the portion of fiscal year 1996 remaining after the contract is signed. This contract is in an amount that fairly compensates the PERFORMING PARTY for the services or functions performed under the contract. ARTICLE 2. CONSIDERATION AND PAYMENT (a) At the end of each month, the PERFORMING PARTY shall submit an invoice for that month, in sufficient detail for audit thereof, itemizing and identifying each WPAP application reviewed by the PERFORMING PARTY. Invoices shall be submitted to the following address: Texas Natural Resource Conservation Commission 1921 Cedar Bend, Suite 150 Austin, Texas 78758 i Invoices shall be prepared by the PERFORMING PARTY and shall reflect the work and services performed in the course of work under this Contract. The RECEIVING AGENCY shall pay the PERFORMING PARTY fifty (50) per cent of the WPAP application fees collected by the RECEIVING AGENCY for those WPAP applications reviewed by the PERFORMING PARTY. Subject to the cap described in Article 1, above. (b) Upon satisfactory completion of the work performed hereunder and prior to the final payment under this contract for such work, or 14 (c) (d) Final payment under this Contract or settlement upon termination shat not constitute a waiver of the TNRCC's claims against the 1 PERFORMING PARTY or its sureties under this Contract. (f) prior to settlement upon termination of the Contract and as a condition thereto, the PERFORMING PARTY shall execute and deliver to the EXECUTIVE DIRECTOR a release of all claims against the TNRCC arising under or by virtue of this Contract. Upon satisfactory completion by the PERFORMING PARTY of all of the tasks identified under the terms of this Contract and upon acceptance of such tasks by the EXECUTIVE DIRECTOR, the PERFORMING PARTY will be paid the unpaid balance of any money due for such tasks. The PERFORMING PARTY agrees that the determination of satisfactory completion will be based entirely on the judgement of the staff of the TNRCC. The PERFORMING PARTY further agrees to exempt the TNRCC and its staff from damage or claims arising from the enforcement of this provision. (e) If the PERFORMING PARTY is a corporation, no payment shall be made while PERFORMING PARTY is delinquent in taxes owed the State of Texas under Chapter 171 of the Texas Tax Code. TNRCC reserves the right to suspend payment for any services or reports pending the PERFORMING PARTY'S completion, revision, or correction of services or reports identified in the Scope of Work attached as Attachment A. 15 ATTACHMENT C ADDITIONAL CONTRACT PROVISIONS 16 ATTACHMENT C ADDITIONAL CONTRACT PROVISIONS ARTICLE 1. RESPONSIBILITY OF THE PERFORMING PARTY (a) The PERFORMING PARTY shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services and other work furnished by the PERFORMING PARTY under this Contract. (b) The PERFORMING PARTY shall perform such professional services as may be necessary to accomplish the work required to be performed under this Contract, in accordance with this Contract and applicable EPA and RECEIVING AGENCY'S requirements and any and all applicable law. (c) The RECEIVING AGENCY'S approval or acceptance of the services shall not be construed to operate as a waiver of any rights under this Contract or of any cause of action arising out of the performance of this Contract; and the PERFORMING PARTY shall be, and remain, liable in accordance with applicable law for all damages to the RECEIVING AGENCY including reasonable attorneys' fees and court costs caused by the PERFORMING AGENCY's' negligent performance of any of the services furnished under this Contract. (d) In performing any services hereunder, the PERFORMING PARTY is, and 17 undertakes performance as, an independent contractor. (e) The PERFORMING PARTY shall be, and shall remain, liable in accor- dance with applicable law for any and all bodily injury, disease, or death of third persons or loss of or damage to property of third persons arising out of or incident to the work performance. (f) The PERFORMING PARTY agrees to indemnify and hold harmless TNRCC and all of its employees and officers against any and all liability, loss or damage arising out of or incident to the PERFORMING PARTY's work performance. (g) The obligations of the PERFORMING PARTY under this Article are in addition to the PERFORMING PARTY's other express or implied assurances under this Contract or applicable law. Y 4 ARTICLE 2. TERMINATION (a) This Contract shall terminate on August 30,'1997, unless extended in writing or terminated prior to that date. (b) The Executive Director of the RECEIVING AGENCY may rescind, terminate, or modify this Contract at any time, for any reason. A termination action must be in writing. (c) The Receiving Agency may terminate the contract, a termination 18 must be in writing, and with sixty days notice. (d) Upon receipt of a termination action, the PERFORMING PARTY shall (1) promptly discontinue all services affected (unless the notice directs otherwise) and (2) deliver or otherwise make available to the RECEIVING AGENCY all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the PERFORMING PARTY in performing this Contract, whether completed or in the process. (e) Upon termination, the RECEIVING AGENCY may take over the work and prosecute the same to completion by Contract with another party or otherwise. ARTICLE 3. EMPLOYMENT PRACTICES The PERFORMING PARTY agrees that in the performance of this Contract, 1 it will not discriminate against any employee or applicant because of race, religion, color, sex, age, or national origin and it will comply with Executive'Order 11246, entitled "Equal Employment Opportunity ", as amended by Executive Order 11375, and as supplemented in Department of Labor Regulations (Title 41 CFR Part 60). The PERFORMING PARTY assures that no person will, on' the grounds of race, creed, color, handicap, national origin, sex, political affiliation or beliefs, be excluded from, be denied the benefit of, or be subject to discrimination under any program or activity funded in whole or part under this Contract. 19 ARTICLE 4: AMERICANS WITH DISABILITIES ACT The PERFORMING PARTY shall comply with all applicable requirements of the Americans with Disabilities Act of 1990, Public Law 101 -336, 101 congress, 2nd Session, 104 Stat. 327 (July 26, 1990). ARTICLE 5. AUTHORIZED REPRESENTATIVES (a) The EXECUTIVE DIRECTOR hereby identifies the person authorized to give direction to the PERFORMING PARTY: Mr. Larry Smith, Regional Manager Texas Natural Resource Conservation Commission 1921 Cedar Bend, Suite 150 Austin, Texas 78758 Or, the acting regional manager as it may change from time to time. (b) The EXECUTIVE DIRECTOR hereby authorizes such identified person to further delegate his or her authority as necessary, including any delegation of authority to a RECEIVING AGENCS' employee who will act as the RECEIVING AGENCY's authorized representative. Written notice of any such delegation shall be provided to the PERFORMING PARTY. (c) The PERFORMING PARTY hereby identifies to the RECEIVING AGENCY the person authorized to receive direction from the RECEIVING AGENCY, to manage the work being performed, and to act on behalf of the PERFORMING PARTY: 20r eT L. %ame7T, sR 2 %lcP 20 (name) eJ - Ty (title) CZr4s ) o / ea/a) ,thd6 6 e6c7 /POuA)D ,ec6e, 7 . 7' (06 (d) The PERFORMING PARTY agrees to make whatever arrangements are necessary to ensure that the above - identified person, or someone to whom that person has delegated his or her authority, is available at all times for consultation with the RECEIVING AGENCY. Written notice of any such delegation shall be provided to the RECEIVING AGENCY. ARTICLE 6. REVIEW OF RECORDS Appropriate records shall be kept of all WPAP applications submitted, all WPAP applications reviewed by the PERFORMING ARTY or deferred to the RECEIVING AGENCY, and all WPAP applications approved or denied, all fees collected by the RECEIVING AGENCY pursuant to 30 TAC § 313.25. ARTICLE 7. PUBLICITY The PERFORMING PARTY agrees to notify and obtain the verbal approval of the RECEIVING AGENCY prior to releasing any written information to the news media regarding the activities being conducted under this Contract. The RECEIVING AGENCY agrees to notify the PERFORMING PARTY 21 prior to releasing any written information to the news media regarding the activities being conducted under this Contract. ARTICLE 8. LICENSES, PERMITS AND LAWS, The PERFORMING PARTY shall, except as otherwise provided in this Contract, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, State, and Municipal laws, codes and regulations, in connection with the work required by this Contract. ARTICLE 9 PUBLIC DATA Information gathered or reported by the PERFORMING PARTY as a part of this Contract shall be subject to public disclosure pursuant to the Texas Public Information Act, TEX. GOV. CODE TITLE 5. CHAPTER 552. (Vernon Sppp. 1995). All data and information developed under this i Contract shall be public data and information, and shall be furnished to the RECEIVING AGENCY as specified in the Scope of Work. Upon termination of this Contract, all data and information shall become the property of the RECEIVING AGENCY in accordance with the provisions of Article 3 of this Attachment. ARTICLE 10 HEADINGS The headings to sections contained in this Contract are for convenience and reference only and in no way define, describe, extend or limit the 22 scope or intent of the substantive provision to which the heading applies unless the context so requires. ARTICLE 11. ORDER OF PREFERENCE Unless otherwise stated, a listing of factors, criteria or subjects in the Contract does not constitute an order of preference. ARTICLE 12. SEVERABILITY If any provision of this Contract is held invalid, such invalidity shall not affect any other provision which can be given effect without the invalid provision, and to this end the provisions of this Contract are declared to be severable. ARTICLE 13. ASSIGNABILITY This Contract is not transferable or otherwise assignable by the PERFORMING PARTY. ARTICLE 14. NOTICE Unless otherwise stated in this Contract, any notice or .other written communication shall be considered delivered when postmarked provided such notice or written communication is sent by certified mail, return receipt requested, or delivered in person to the authorized representative of the party as follows: 23 RFCEIVING AGENCY RERFORMTNG PARTY Regional Manager, Austin Region Texas Natural Resource Conservation Commission 1921 Cedar Bend, Suite 150 Austin, Texas 78758 ARTICLE 15. ENTIRE AGREEMENT This Contract (Including the document entitled "Interlocal Contract," Attachments A -C thereto) represents the entire agreement between the parties hereto and supersedes any and all prior agreements between the parties, whether written or oral. ARTICLE 16. AMENDMENTS Any amendments, modifications or supplements to this Contract shall be in writing and shall be signed by both parties. c: /files/ p /rrinter.1c1 09/29/96 City Manager City of Round Rock 221 E. Main St. Round Rock, Texas 78664 24 DATE: June 10, 1996 SUBJECT: City Council Meeting, June 13, 1996 ITEM: 10A. Consider a resolution authorizing the Mayor to execute a contract with Texas Natural Resource Conservation Commission for review of water pollution abatement plans. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: This is a continuation of the agreement whereby the City may review Water Pollution Abatement Plans. Round Rock will receive 50% of fees collected up to $10,000. Staff recommends approval.