SWM-CS071223
(9/7/2010) Keith Marvin - Fwd: interlocalPage 1
From: Keith Marvin
To:brusk@ndmce.com; mdaniel@ndmce.com
CC:Garza, Michael; Griffin, Ken; rmehta
Date: 12/23/2007 9:42 PM
Subject: Fwd: interlocal
Attachments:interlocal coppell flood control.doc
Mike/Brad
Attached is a draft of the interlocal agreement.
Let us know what you think.
Thanks.
Keith Marvin, P.E.
Project Engineer
(972) 304-3681
>>> Ken Griffin 12/20/2007 5:06 PM >>>
Keith
I've attached a first draft interlocal. There is no pride of ownership, so feel free to revise any way you see fit.
Thanks
ken g
STATE OF TEXAS§
§ INTERLOCAL AGREEMENT
COUNTY OF DALLAS §
AGREEMENT
This Interlocal Agreement ("") for the joint submission of a Storm Water Management
Plan to satisfy the requirements of the permit application to the Texas Commission on Environmental
Quality (TCEQ) for compliance with Phase II municipal storm water discharges to waters of the U.S.
“PLAN”
(hereafter referred to as the ) is made and entered into by and between the City of Coppell, Texas,
"CITY"
a municipal corporation located in Dallas County, Texas (), and the Northwest Dallas County
th
Flood Control District as created by the Texas Legislature (H. B. 2390, Act 69 Legislature, Regular
“DISTRICT”
Session, 1985) (hereafter referred to as the ).
CITYDISTRICTAGREEMENT
WHEREAS, the and the mutually desire to enter into an to
partner with each other in the joint submission of a Storm Water Management Plan to the TCEQ for
compliance with Phase II requirements of Section 402(p0 of the Clean Water Act; and
"ACT"
WHEREAS, Chapter 791, TEXAS GOVERNMENT CODE, as amended (the ), provides
authorization for Local Governments to contract with each other for functions in which both entities are
mutually interested; and
CITY
WHEREAS, by definition in Chapter 791, Texas Government Code, the and the
DISTRICT
are both defined as Local Governments; and
AGREEMENT
Whereas it has been determined that approval of this will be mutually
CITYDISTRICT;
advantageous to the and the and
NOW, THEREFORE, for and inconsideration of the mutual covenants, terms and conditions set
forth herein, and the mutual benefits to each party, the receipt and sufficiency of which are hereby
CITYDISTRICT
acknowledged, the and the hereby contract, covenant, warrant and agree as follows:
I
ADOPTION OF PREAMBLE
AGREEMENT
All of the matters stated in the preamble of this are true and correct and are
AGREEMENT
hereby incorporated into the body of the as though fully set forth in their entirety herein.
II
OBLIGATIONS OF THE PARTIES
CITYDISTRICT
2.01 The and the have independently contracted and paid for Engineering
Services related to the preparation of the Storm Water Management Plan.
CITYDISTRICT
2.02 The and the agree that services related to the inspection and
DISTRICT
maintenance of facilities within the boundaries will continue to be the financial responsibility
DISTRICT.
of the
CITYDISTRICTCITY
2.03 The and the agree that the will perform the required portions of
the Storm Water Management Plan in regards to: the minimum control measures.
CITYDISTRICT
2.04 The and the agree that each respective entity will be responsible any
required training of its employees or representatives.
CITYDISTRICTDISTRICT
2.05 The and the agree that the will provide detailed
DISTRICTCITY CITY
information on activities within the boundaries to the as needed so that the may
complete its annual report to the TCEQ.
III
INDEMNIFICATION AND HOLD HARMLESS
DISTRICTCITY
3.01 THE AGREES TO INDEMNIFY AND HOLD THE HARMLESS
FROM ANY CLAIM BY A THIRD PARTY FOR DAMAGES ARISING FROM OR RESULTING
FROM THE IMPLEMENTATION OF THE STORM WATER MANAGEMENT PLAN.
CITYDISTRICT
3.02 THE AGREES TO INDEMNIFY AND HOLD THE HARMLESS
FROM ANY CLAIM BY A THIRD PARTY FOR DAMAGES ARISING FROM OR RESULTING
FROM THE IMPLEMENTATION OF THE STORM WATER MANAGEMENT PLAN.
3.03 HOWEVER~ THE INDEMNIFICATION AND HOLD HARMLESS CONTAINED
HEREIN SHALL NOT BE DEEMED A WAIVER OF ANY SOVEREIGN IMMUNITY ALLOWED
PURSUANT TO TEX. CIV. PROC. & REM. CODE, SECTION 101.001 ETSEQ., OR OTHERWISE.
IV
NOTICES
Any notice required to be given under this Agreement shall be deemed to have been adequately
given if deposited in the United States mail in an envelope with sufficient postage and properly addressed
to the other party as follows:
DISTRICTCITY
If to the : If to the :
__________________ _________________
__________________ _________________
__________________ _________________
__________________ _________________
A change of address may be made by either party upon the giving of ten (10) days prior written
notice.
V
MISCELLANEOUS PROVISIONS
AGREEMENT
5.01 This shall be binding upon and inure to the benefit of the parties hereto
and their respective successors and assigns.
AGREEMENT
5.02 This constitutes the sole and only agreement of the parties hereto and
supersedes any prior understandings or written or oral agreements between the parties respecting the
subject matter hereof.
5.03 No amendment, modification or alteration of the terms hereof shall be binding unless the
same be in writing, dated subsequent to the date hereof and duly executed by the parties.
AGREEMENT
5.04 This may be executed concurrently in one or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same instrument.
AGREEMENT
5.05 If, in case anyone or more of the provisions contained in this shall for
any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
AGREEMENT
unenforceability shall not affect any other provision hereof and this shall be construed as if
such invalid, illegal or unenforceable provision had never been contained herein.
AGREEMENT
5.06 The obligations and undertakings of each of the parties to this are and
shall be performable in Dallas County, Texas.
5.07 Each party hereto warrants that it has received authority from its governing body to enter
AGREEMENT
into this .
EXECUTED this ___ day of ______, 2008.
By:
ATTEST:
By:
APPROVED AS TO FORM:
By:
ATTEST:
By:
APPROVED AS TO FORM: