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Home My WebLink AboutO-2011-3312 administration/implementation of regional watershed protection education program w/Harris County F REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: Januarv 10. 2011 Source of Funds: GEN530 Requested By: Tim Tietiens Account Number: 001-7070-530-5007 Department: Plannin{! Amount Budgeted: $17.000.00 Report: _Resolution: _Ordinance:-X- Amount Requested: $16.896.40 Exhibits: Ordinance Budgeted Item: ---X..- YES _NO Exhibits: Interlocal Agreement SUMMARY As part of the Texas Commission on Environmental Quality storm water general permit operators of Municipal Separate Storm Sewer System (MS4) are required to provide minimum control measures to eliminate illicit discharges into their storm sewer system. One of those measures is to provide public education and outreach. Harris County along with other partners such as City of Houston, City of Seabrook, and City of Webster have developed a program for public outreach. The City of La Porte has participated in this program over the previous year to meet some of the control measures eliminating the need for consultant or contracting to administer public outreach and education. Staff recommends renewing the lnterlocal Agreement with Harris County to administer the outreach program. Action Required bv Council: Approve ordinance and authorize Interlocal agreement with Harris County. I/q/( Date ORDINANCE NO. 2011- 63,.~ AN ORDINANCE APPROVING AND AUTHORIZING RENEWAL OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY, FOR ADMINISTRATION AND IMPLEMENTATION OF A REGIONAL WATERSHED PROTECTION EDUCATION PROGRAM, APPROPRIATING $16,896.40, TO FUND SAID CONTRACT, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT 7 FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The city Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the City Secretary. The Mayor is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the city to all such documents. city Council appropriates the sum of $16,896.40 from Fund 001-7070-530-5007, to fund said contract. Section 2. The city Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The city Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 10th day of January, 2011. By: ATTEST: ~ d. r#tf1/l Martha . Gi! t City Secretary APPROVED: c~sr ~ City Attorney 2 INTERLOCAL AGREEMENT THE STATE OF TEXAS S S COUNTY OF HARRIS S THIS INTERLOCAL AGREEMENT, hereinafter referred to as "Interlocal Agreement", is made, entered into, and executed pursuant to the Interlocal Cooperation Act (TEX. GOVT CODE ANN., ch. 791) by and between Harris County, a body corporate and politic under the laws of the State of Texas, hereinafter referred to as the "County" and the City of La Porte, a municipal corporation and city of the State of Texas and acting by and through its governing body, the City Council, hereinafter referred to as "City", WITNESSETH THAT: WHEREAS, the United States Environmental Protection Agency ("EPA") has promulgated regulations requiring operators of discharges from certain municipal separate storm sewer systems (MS4's) to obtain National Pollutant Discharge Elimination System ("NPDES") permits for storm water discharges to waters of the United States; and WHEREAS, pursuant to Part III (A)(1) of General Permit No. TXR040000 of the Texas Pollutant Discharge Elimination System, subject MS4s are required to implement a public education and outreach program on storm water impacts; and WHEREAS, the County and the City are responsible under the regulations and permits applicable to each for public education programs; and WHEREAS, the City and the County desire that the County administer, in accordance with this Interlocal Agreement, a regional public education services program related to storm water quality and other related issues that impact the water quality of our local watersheds in regard to, but not limited to dissemination of information regarding (a) prevention of litter, (b) proper management of pesticides, herbicides, and fertilizers, (c) public reporting of illicit discharges, (d) proper management of used oil and household hazardous wastes, and (e) proper construction methods, hereinafter called the "Program". NOW THEREFORE, for and in consideration of the mutual covenants, agreements and benefits to the Parties herein named, the County and the City agree to the following: I. On or before the 60th day after execution of this Agreement, the City shall submit payment in the amount of ~16.896.40 to the County. II. Within 90 days of the effective date of this agreement, Harris County will provide information, in electronic format, related to major outfalls previously located by Harris County within t~e City's jurisdiction. The County shall not be responsible for the completeness or accuracy of the information. III, The County will administer the Program, which may include tasks such as: . Development and production of color and black-and-white newspaper advertisements in the Houston Chronicle and local newspapers, including ethnic-based news publications. . Development and production of full color newspaper inserts focusing on key regional issues related to watershed protection and storm water quality. Password-protected, web-based access to electronic versions of program related brochures, flyers, direct mail postcards, booklets, newspaper advertisements, newspaper inserts, . Phase II "hot button" on the front page of the regional website with links to all participating Phase II City homepage(s) or page of their choice. . Frequent RWPP program announcements via e-mail. . Stakeholder group meetings (as needed for special announcements). Harris County will provide the City with a written summary of all regional public education campaign activities provided under this agreement within 30 days of any request by the City. If the City chooses to use this information to demonstrate permit compliance in their annual report to the Texas Commission on Environmental Quality or for any other purpose, it will be the City's responsibility to determine appropriateness of that usage. IV. The County may use funds provided by the City under Section I of this agreement to pay costs of the Program. At the end of this Agreement, the County shall deliver to the City an accounting of all funds expended under this Interlocal Agreement. If the funds provided by the City are in excess of the costs of the Program, the County shall refund the amount of the excess to the City. V. All notices and communications to the City under this Interlocal Agreement except as otherwise specifically provided, shall be in writing and either mailed by certified mail, return receipt requested, postage prepaid, or delivered to the following address, or such other address as the City may designate by notice: City of La Porte Rodney Slaton, P.E., CFM 604 W. Fairmont La Porte, TX 77571 All notices and communications to the County under this Interlocal Agreement, except as otherwise specifically provided, shall be in writing and either mailed by certified mail, return receipt requested, postage prepaid, or delivered to the following address, or such other address as the County may designate by notice: Harris County Public Infrastructure Department Architecture & Engineering Division Communications 10555 Northwest Freeway, Ste. 220 Houston, Texas 77092 Attention: Dimetra K Hamilton, MPA Public Information Officer VI. This Agreement shall remain in effect for a term of one year beginning upon the latter of either the execution of this Interlocal Agreement by the County or the City, provided that either party may terminate this Agreement upon thirty days written notice to the other Party. IN TESTIMONY OF WHICH, this Interlocal Agreement has been executed as follows: a. It has been executed on behalf of the County on the day of MAR 2 2 2011 2010, by the County Judge of Harris County, Texas, pursuant to an Order of the Commissioners' Court of Harris County, Texas authorizing such execution; and b. It has been executed on behalf of the City on the /4 of , 201x, by its Mayor, pursuant to authorization by its City Council. cUl APPROVED AS TO FORM: HARRIS COUNTY Vince Ryan Harris County Attorney A By -L" C l� L ' By 14L— Don C. Whitley ED EMMETT, County Judge Assistant County Attorney A EST: CITY OF r. j "TE JO 'fd By r 1 A eritet / k' Loin Magi, igby, Presented to Commissioner's Court MAR 2 2 2011 COUNTY OF HARRIS § APPROVE 1 ' 1 M STATE OF TEXAS § Recorded Vol Page The Commissioners Court of Harris County, Texas, convened at a meeting of said Court at the Harris County Administration Building in the City of Houston, Texas, on the day of , with the following members present, to- wit: � + Ed Emmett County Judge El Franco Lee Commissioner, Precinct No. 1 Sylvia Garcia Commissioner, Precinct No. 2 Steve Radack Commissioner, Precinct No. 3 C . l u . •• 1 - - '• , and the following members absent, to -wit: CJ. L 14 ; 1.0(k9 constituting a quorum, when among other business, the following was transacted: ORDER AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF LA PORTE FOR ADMINISTRATION AND IMPLEMENTATION OF A REGIONAL WATERSHED PROTECTION EDUCATIONAL PROGRAM Commissioner introduced an order and made a motion that the same be adopted. Commissioner t \OcL✓v\ �. seconded the motion for adoption of the order. The motion, carrying with it the adoption of the order, prevailed by the following vote: Yes No Abstain Judge Emmett R✓ n ❑ Comm. Lee ✓ ❑ ❑ Comm. Garcia P' ❑ ❑ Comm. Radack ❑ ❑ - The County Judge thereupon announced that the motion had duly and lawfully carried and that the order had been duly and law -fully adopted. The order thus adopted follows: IT IS ORDERED that the County Judge is authorized to execute for and on behalf of Harris County an Interlocal Agreement between Harris County and the City of La Porte for administration and implementation of a regional watershed protection educational program, said Interlocal Agreement being attached hereto and incorporated herein by reference for all purposes as though fully set forth verbatim herein. HARRIS COUNTY PUBLIC INFRASTRUCTURE DEPARTMENT 10555 Northwest Frwy, Ste. 220 Architecture & Engineering Division Houston, Texas 77092 (713) 685 -7355 April 1, 2011 City of La Porte Mayor Louis R. Rigby 604 W. Fairmont Parkway P.O. Box 1115 La Porte, TX 77572 Subject: Transmittal of Agreement between Harris County and the City of La Porte for administration and implementation of a regional watershed protection education program Dear Mayor Rigby: Attached please find one fully executed agreement between Harris County and the City of La Porte. In accordance with the agreement, please forward a check made payable to Harris County in the amount of $16,896.40, by May 2, 2011. Should you have any questions or comments, feel free to contact Veronica Celis at (713) 685 -7355. Sincerely, / RayMond Anderson, P.E. Manager of General Services RA:vc Attachments — 1- original agreement cc: Central File