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Home My WebLink AboutContract 57133 CSC No.57133 STATE OF TEXAS § COUNTIES OF TARRANT § DENTON,PARKER AND WISE § AGREEMENT FOR MAINTENANCE OF WATERGOATS THIS AGREEMENT is entered into by and between the City of Fort Worth,Texas, a home- rule municipal corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas, hereinafter called "City," acting herein by and through Valerie Washington, its duly authorized Assistant City Manager, and Presbyterian Night Shelter, acting herein by and through Kirsten Ham its duly authorized Vice-president of Workforce and Career Development; hereinafter called "Benefitted Party". City and Benefitted Party are collectively referred to herein as the"Parties". WHEREAS, the Benefitted Party wished to address the plight of garbage and debris near their property and within the Trinity Watershed; and WHEREAS, the Benefitted Parry purchased and installed six (6) Watergoats at locations approved by the City; and WHEREAS, the City is a co-permittee of the municipal stormwater sewer system by TPDES Permit No. Q0004350000 and wishes to protect the Trinity Watershed; and WHEREAS, the Parties now wish to establish certain maintenance responsibilities and liabilities. NOW THEREFORE, for and in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed,the Parties hereto agree as follows: 1. Definitions Watergoat shall mean a system placed around stormwater outfalls or channels to collect litter.The system is composed of a floating surface net that prevents floating debris from traveling down a waterway. 2. Locations The City has approved the installation of the Watergoats at the following locations: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Site Number Name Latitude Longitude I Foster Park 32.683053 -97.373922 2 Fort Worth Trail @ Unnamed 32.703889 -97.393102 Tributary 3 Edwards Ranch 32.708536 -97.408033 4 Watercourse 32.697862 -97.415730 5 Oakmont Park 32.670030 -97.431402 6 Malaga Park 32.809616 -97.447481 3. Required Maintenance by Benefitted Party In exchange for the City allowing for the installation of the Watergoats in the City's stormwater system, the Benefitted Party shall properly maintain and clean each Watergoat at least once every two (2) weeks, and within three (3) days after each rain event. The Benefitted Party shall keep a maintenance log for each location and shall provide the logs and other collection data to the City at its request. 4. Consideration by City Provided the Benefitted Party maintain the Watergoats as described above, the City shall release the Benefitted Party from liability from any other conditions which may occur in relation to the operation, condition and maintenance of the Watergoats, provided the Benefitted Party do not cause any personal or property harm intentionally or recklessly. The City shall have the right to remove or have removed the Watergoats if in the City's sole discretion the removal is necessary to protect the health and safety of human health and or the environment; or if the City determines the removal is necessary to maintain the City's stormwater system and or watershed. 5. Other Charles for Wastewater Connection and Service This Agreement does not in any way affect the City's right or obligation to collect all other charges for service as established by the Fort Worth City Council, or other governmental agencies,including but not limited to the City's Stormwater Utility Fee. 6. No Third-Party Beneficiaries This Agreement shall inure only to the benefit of the Parties hereto and third persons not privy hereto shall not be considered a third party beneficiary of this Agreement, save and except as otherwise provided for in Section 7 below. AGREEMENT WATERGOAT MAINTENANCE Page 2 of 5 7. Assignability The Benefitted Party shall be prohibited from assigning this Agreement, in whole or in part, without the express written consent of the City. 8. Entirety This Agreement and all attachments incorporated herein by reference constitute the entire Agreement by the Parties and any prior or contemporaneous oral or written agreements shall be replaced or superseded by this Agreement. 9. Severability In case any one or more of the provisions contained in the Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. 10. Venue This Agreement shall be construed under and in accordance with the laws of the State of Texas, and the venue for any litigation arising from this Agreement shall be in Tarrant County, Texas. 11. Authorization The undersigned officers and/or agents of the Parties hereto are properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties hereto, and each party hereby certifies to the other that any necessary actions extending such authority have been duly passed and are now in full force and effect. 12. Notices Any notices (unless otherwise specified herein), or reports required by this Agreement shall be sufficient if sent by the Parties in the United States mail, postage paid, or sent by email to the address noted below: If to City: Brandon Bennett Code Compliance Director City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 brandon.bennett@fortworthtexas.gov AGREEMENT WATERGOAT MAINTENANCE Page 3 of 5 Copy to: City Attorney's Office City of Fort Worth 200 Texas, Street Fort Worth, Texas 76102 If to Benefitted Party: Kirsten Ham Vice-president Workforce & Career Development Presbyterian Night Shelter 2400 Cypress St. Fort Worth, Texas 76102 kham@joumeyhome.org 13. Governmental Powers By execution of this Agreement the City does not waive or surrender any of its respective governmental powers, immunities, or rights. 14. Effect of Agreement A. Nothing in the performance of this Agreement shall impose any liability for claims against the City other than claims for which the Texas Tort Claims Act may impose liability. B. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. C. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those stated in the Agreement. D. The terms and conditions of this Agreement shall remain until the Watergoats are removed or this Agreement is mutually terminated in writing. This Agreement shall be effective on the date executed by the City Secretary. CITY OF FORT WORTH PRESBYTERIAN NIGHT SHELTER Valerie Washington Y hington(Feb 12,2022 07:59 CST) Valerie Washington Kirsten Ham ASSISTANT CITY MANAGER VICE-PRESIDENT WORKFORCE& CAREER DEVELOPMENT DATE: Feb 11, 2022 AGREEMENT WATERGOAT MAINTENANCE Page 4 of 5 RECOMMENDED BY: By: Julianne Ragland Environmental Manager APPROVED AS TO FORM AND LEGALITY Christopher Austria ASSISTANT CITY ATTORNEY ATTEST �a��Fon00000000 r��,_aa �J60 o-°�� Jannette S.Goodall(Fe 16,2022 08:11 CST) � 00�.1 Jannette S. Goodall 000 o= CITY SECRETARY �d ° Date: Feb 16,2022 Y4 a 00°OppO°00 p a�hEXASoAp No M&C Required 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. NlXaliS RP.nYYP.7 x=u mi�IF�v zmay.v csr) By:Nixalis Benitez Title: Code Compliance Environmental Supervisor OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX AGREEMENT WATERGOAT MAINTENANCE Page 5 of 5