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Home My WebLink AboutO-2012-3418 renewal-administration/implementation of regional watershed protection education programORDINANCE NO. 2012- � q j b 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 $17,914.00, TO FUND SAID CONTRACTy MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT] FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW1 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 $17,914.00 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 25th day of June, 2012. By: ATTEST: pat7ue'16 Patrice Foga City Secreta APPROVED: i r C ark T. Askins City Attorney CITY OF/ MVORTE Lou-ys 4. 'Ri jbp,1 Mayor INTERLOCAL AGREEMENT THE STATE OF TEXAS § COUNTY OF HARRIS § 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, HAT: 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: On or before the 60th day after execution of this Agreement, the City shall submit payment in the amount of $17,914.00 to the County. 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 the City's jurisdiction. The County shall not be responsible for the completeness or accuracy of the information. Ill. 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. 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. 2 \y/ 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. IOU This Agreement is governed in all respects by the laws and Constitution of the State of Texas. Exclusive venue is in Harris County, Texas. City affirmatively consents to the disclosure of its e-mail addresses that are provided to County. County affirmatively consents to the disclosure of its e-mail addresses that are provided to City. This consent is intended to comply with the requirements of the Public Information Act, Section 552.137 of the Texas Government Code and shall survive the termination of the Agreement. This consent shall apply to e-mail addresses provided by the City or County and agents acting on behalf of the City or County and shall apply to any e-mail address provided in any form for any reason related to this Agreement. VII. City and County expressly acknowledges that City and County are subject to the Texas Public Information Act, Chapter 552 of the Texas Government Code, and notwithstanding any provision in this Agreement to the contrary, City and County will make any information related to this agreement or otherwise available to third parties in accordance with the Public Information Act. VIII. Nothing in this Agreement may be construed as creating any personal liability on the part of any officer, director, employee or agent of any public body that may be a party to this Agreement and the parties expressly agree that the execution of this Agreement does not create any personal liability on the part of any officer, director, employee or agent of County or City. 3 This Agreement is intended solely for the benefit of County and City, and no provision of this agreement shall be construed or interpreted to convey or grant to any person not a named party to this Agreement any benefits or rights. IX. This instrument constitutes the entire agreement between the Parties hereto relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning the Agreement shall be of no force or effect except a subsequent modification in writing signed by the Parties. X. 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 604 West Fairmont Parkway La Porte, Texas 77571 Attn: Rodney Slaton, P.E., CFM 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 4 XI. 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 MAY 2 2 2i 12 20 , 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 > qday of(.l�rilt 2012, by its Mayor, pursuant to authorization by its City Council APPROVED AS TO FORM: Vince Ryan Harris County Attorney By Trevor Smith Assistant County Attorney 1,96,&,10-5-Y3 ,•� a �Zfif G HARRIS COUNTY ED EMMETT, County Judge lot COUNTY OF HARRIS § STATE OF TEXAS § 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 EI Franco Lee Commissioner, Precinct No. 1 Jack Morman Commissioner, Precinct No. 2 Steve Radack Commissioner, Precinct No. 3 R. Jack Cagle Commissioner, Precinct No. 4 and the following members absent, to -wit: �Q 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 Qk introduced an order and made a motion that the same be adopted. Commissioner C � �, seconded the motion for adoption of the order. The motion, carry g with it the adoption of the order, prevailed by the following vote: Judge Emmett Comm. Lee Comm. Morman Comm. Radack Comm. Cagle Yes No Abstain 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. C.A. File No.: 12GEN0553 Presented to Commissioner's Court MAY 2 2 2012 APPROVE t~1 Q -- Recorded Vol Page