HomeMy WebLinkAboutContract 48660 CITY SECRETARY
CONTRACT NO.
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is made and entered into this 511 day of
DPS+ b:n 2016, by and between the Tarrant Regional Water District (TRWD), acting
herein by and through its General Manager, hereinafter referred to as TRWD, and the
City of Fort Worth, acting herein by and through its Assistant City Manager, hereinafter
referred to as the CITY.
WHEREAS, the TRWD may require, under the authority of a joint Municipal
Separate Storm Sewer System (MS4) permit and as a condition of development
permitting over which TRWD has jurisdiction, the installation of devices by private
landowners for the management of stormwater and its runoff quality, when such runoff
discharges into the Trinity River; and
WHEREAS, the CITY, in conjunction with the TRWD, may require the
execution of a Stormwater Facility Maintenance Agreement with landowners for the
purpose of ensuring inspection and maintenance of any stormwater control device that
conveys private water and is connected to the CITY'S stormwater network; and
WHEREAS, the CITY'S Stormwater Facility Maintenance Agreement requires
the submittal to the CITY of annual inspection reports documenting performance of the
required inspection and maintenance activities by the landowner, its successors or
assigns, as well as copies of any third party contracts for said inspection and maintenance.
NOW, THEREFORE, in order to facilitate cooperation and coordination between
agencies with regard to the installation and maintenance of private stormwater control
devices, TRWD and the CITY agree as follows:
I.
The TRWD has determined that it shall cause, as a condition of development, the
installation of private stonnwater management devices by landowners for controlling
stormwater runoff and its quality whenever such runoff conveys private water and
discharges into the Trinity River; and
The CITY, whenever such water quality device is required and connects to the CITY'S
stormwater network, shall require that the property owner enter into a Stormwater Facility
Maintenance Agreement for same.
OFFICIAL RECORD
t FY SECRETARY
II. IFT, WORTH TX
In addition to requiring inspection and maintenance of private stormwater control devices
by the owner and reporting on same, in order to ensure the devices are maintained in good L
working condition in accordance with executed Stormwater Facility Maintenance
Agreements, the CITY will inspect the devices annually and anytime that the owner's
inspection report indicates a problem with the devices; and
In the event that the landowner, its successors or assigns, fails to maintain the device(s) in
good working condition as specified in an executed Stormwater Facility Maintenance
Agreement, CITY shall take whatever steps are necessary, to correct such deficiencies
within 45 or fewer working days of becoming aware of said deficiencies, and shall charge
the costs of such maintenance and repair to the landowner, its successors or assigns.
III.
Any changes to this Memorandum of Understanding must be mutually discussed and
agreed to by all parties in writing.
IV.
Nothing contained in this MOU is intended by the parties to create a partnership or joint
venture between the parties and any implication to the contrary is hereby expressly
disavowed. It is understood and agreed that this MOU does not create a joint enterprise,
nor does it appoint any party as an agent of any other party, for any purpose whatsoever
By entering into this MOU, the parties do not intend to create any obligations express or
implied other than those set out herein; further, this MOU shall not create any rights in
any party not a signatory hereto.
21,311-7r
Fernando Costa Date
Assistant City Manage
City of Fo
James M. Oliver
General Manager Date ®F FOS
Tarrant Regional Water District
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ASSISTANT CITY ATTORNEY ary J , r, Secretary
OFFICIAL RECORD
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Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract,including
ensuring all performance and reporting requirements.
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