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HomeMy WebLinkAboutContract 42108 STATE OF TEXAS § COUNTIES OF TARRANT § CITY $ECRETARY4a U� DENTON, PARKER CN` ►CT AND WISE § MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT ("MOA") 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 Fernando Costa, its duly authorized Assistant City Manager, and Tarrant Regional Water District, hereinafter called "District", acting herein by and through, its duly authorized Director of Environmental Services. City and District are collectively referred to herein as the "Parties". WITNESSETH : WHEREAS, on August 28, 2001, the City Council authorized the City Manager to execute all necessary documents to purchase property located at 301 N.E. 6`h Street, known as Technicoat (M&C L-13134); WHEREAS, the property is subject to the amended Texas Natural Resource Conservation Commission, now the Texas Commission of Environmental Quality, agreed order docket No. 98- 0723-IHW-E("Agreed Order"); WHEREAS, in the contract of sale of the Technicoat property, the City agreed to satisfy the requirements of the Agreed Order, specifically the payment of the remaining administrative penalties; WHEREAS, the City has also worked to satisfy TCEQ's environmental requirements of the Agreed Order; WHEREAS, the District now owns Technicoat in fee and has requested that the City pay the administrative penalty to satisfy the Agreed Order pursuant to the contract of sale; and WHEREAS, the City is amenable to pay the administrative penalty up to the amount of $45,000 as authorized by the City Council (M&C G-17313). OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Jas- 11 — I 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. Administrative Penalty The City hereby agrees to pay the administrative penalty related to the Agreed Order in the amount of $45,000 as shown on Exhibit A. In consideration of such payment, the District agrees and acknowledges that the City shall have no other duty to fulfill either financially or by performance, any requirement related to the Agreed Order and Technicoat. 2. Discharge,Release and Hold Harmless Upon payment of the administrative penalty in the amount of $45,000, the District hereby forever discharges and releases the City from any and all claims, liabilities and orders related to Technicoat or the former Technicoat property. 3. No Third-Party Beneficiaries This MOA shall inure only to the benefit of the Parties hereto and third persons not privy hereto shall not, in any form or manner, be considered a third party beneficiary of this MOA. Each Party hereto shall be solely responsible for the fulfillment of its own contracts or commitments. 4. Assignabilitv Neither the City nor the District may assign this Agreement without the written consent of the other Party. 5. Entirety This MOA and all attachments incorporated herein by reference constitute the entire MOA by the Parties and any prior or contemporaneous oral or written agreements shall be replaced or superseded by this MOA. 6. Severability In case any one or more of the provisions contained in the MOA 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 MOA, and this MOA shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. Technicoat MOA Paoc 2 46 7. Venue This MOA shall be construed under and in accordance with the laws of the State of Texas, and the venue for any litigation arising from this MOA shall be in Tarrant County, Texas. 8. Notices Any notices (unless otherwise specified herein), bills, invoices or reports required by this MOA shall be sufficient if sent by the Parties in the United States mail, postage paid, to the address noted below: If to City: City Manager's Office City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 Copy to: City Attorney's Office City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 If to District: Woody Frossard Tarrant Regional Water District 800 E. North Side Drive Fort Worth, Texas 76102 Copy to: Lee F. Christie Pope, Hardwicke, Christie, Schell, Kelly & Ray, L.L.P. 306 W. 7th St., Suite 901 Fort Worth, Texas 76102-4995 9. Governmental Powers By execution of this MOA neither the City nor the District waive or surrender any of their respective governmental powers, immunities, or rights. Nothing in this section shall waive any claims, defenses, or immunities that the parties may have against suit. EXECUTED in triplicate in, on or about in Tarrant County, Texas. CITY OF FORT WORTH TARRANT REGIONAL WATER DISTRICT Fernando Costa BY: W y rossard rechnicoat N10A Page A of 6 OFFICIAL RECiOM CITY SECRETARY FT. WORTH, TX ASSISTANT CITY MANAGER ITS: DIRECTOR OF ENVIRONMENTAL SERVICES DATE: S101e DATE: 19 a APPROVED AS TO FORM AND LEGALITY 2 Christa . Reynolds j contract Authorization SR. ASSISTANT CITY ATTORNEY i a-I tate ATTEST WITNESS MARTY HEN IX By. CITY SECRETARY cY�G F1'IR r F�a� °000000+�oal►O+' u p O % ~O O O ,�ty 0000 000.0 Ay a�n Ax4a� OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Technicnat NIDA Pai*c 4 of 6 EXHIBIT A TCEQ Invoice Technicom RIOA Pm-,c 5 of 6 AMMAN TEXAS COMMISSION ON COMPANY: TECHNICOAT INC ENVIRONMENTAL QUALITY INVOICE ACCOUNT: 23700999 IRISH DETACH BOTTOM PORTION AND RETURN WITH PAYMENT-KEEP TOP PORTION FOR YOUR RECORDS- PAGE 1 ACCOUNT NO. INCLUDES PAYMENTS THROUGH: COLL COST RECOVERY LATE FEES BALANCE DUE 23700999 APR08,11 0.000.00 45,000.00 INVOICE DATE INVOICE NO. DESCRIPTION AMOUNT BALANCE MAY12, 10 WDV9999059 DOCKET# 980723IHWE E AT C 45,000.00 45,000.00 PER 1998 AGREED ORDER DU 1 Please return coupon with payment. For questions concerning this fee, please call 512-239-5136 or 512-239-0355. 45,000.00 See REVERSE SIDE for Explanation of Charges and TCEQ Contact Telephone Numbers. PLEASE PAY THIS AMOUNT 'r'r"*- TCEQ VIPP Form AR41A 02-77-2011 INCLUDE ACCOUNT NUMBER ON CHECK APR08, 11 DETACH THIS PORTION AND RETURN WITH ACCOUNT NO. BALANCE DUE CHECK OR MONEY ORDER PAYABLE TO: 23700999 45 , 000 . 00 z'- TEXAS COMMISSION ON CHECK HERE IF YOUR ADDRESS HAS CHANGED. NINE ENVIRONMENTAL QUALITY PLEASE INDICATE ADDRESS CHANGE ON BACK INVOICES NOT PAID WITHIN 30 DAYS OF INVOICE DATE WILL ACCRUE PENALTIES TECHNICOAT INC C/O CITY OF FORT WORTH 1000 THROCKMORTON ST 0023700999 0033025 00045000000430112 FORT WORTH TX 76102 PAYMENT INFORMATION INVOICES NOT PAID BY DUE DATE WILL ACCRUE PENALTIES DETACH PAYMENT COUPON FROM BOTTOM OF FORM AND RETURN WITH PAYMENT IN THE ENVELOPE ENCLOSED. 71 Your check,certified check or money order should be made payable to the Texas Commission on Environmental Quality.Please include your account number on your check to ensure that payment is properly credited.You may also pay this account in full by credit card or electronic check using the following internet address: www.tceg.texas.poy/epay/ If you think your billing is wrong,or if you need more information about a transaction,please address your questions to: Texas Commission on Environmental Quality Financial Administration Division,MC-214 P.O.Box 13088 Austin,Texas 78711-3088 In your correspondence,please give us the following information: 1.Your name and account number 3.The date and reference number of the transaction(s)in question 2.The dollar amount of the suspected error 4.Description of the suspected error The payment due date is 30 days from the invoice date Penalty and interest charges assessed will be adjusted for fees not due Failure to pay by the due date may result in return or denial of applications for licenses permits registrations and certifications *** For technical questions,please call the telephone number on the front of bill.For accounting questions,please call: *** Petroleum Storage Tank Fees (UST&AST)---------------------- --_-.512/239-0366 ------------------------------------------------------------ (HWG,NWG,HWF,NWF,RLA)---------------------------------------------------------------512/239-0365 Waste Fees (SWD,WMS,WSS)------------------------------------------------------------------------------ 512/239-0366 (WMB,BLP,SDP)--------------------------------------------------------------------------------512/239-0344 (TOX,VCP,ILP)---------------------------------------------------------------------------------- 512/239-0355 (GPS,GPW,CWQ,WQA,WWI,WWIR,WUF)---------------------------------------------512/239-0344 Water Fees (CRW,RGR,STX)--------------------------------------------------------------------------------512/239-0343 (PFS,WTR)----------------------------------------------------------------------------------------512/239-0343 (PHS)------------------------------------------------------------------------------------------------512/239-0366 AirFees (AEF,EIF)------------------------------------------------------------------------------------------512/239-0343 Admin Penalties (CAV,DCP,WDV,WQV,QWV)---------------------------- --- -- - 512/239-0355 or 512/239-5136 DryCleaning Fees (DCR)----------------------------------------------------------------------------------------------- 512/239-0365 TCEQ VIPP FORM AR41A1 02-17-2011 EXPLANATION OF CHARGES The basis for each charge is identified by the facility,permit,application or other appropriate activity. The state fiscal year(FY)and the quarter of the year(QTR)to which the payment will be credited are shown where applicable. Delinquent fees are subject to a penalty of 5%per month for the first two months after the due date,after which an interest charge for CY 2011 of 4.25%per annum will be assessed. Delinquent administrative penalties are assessed interest charges at a rate of 6%per annum beginning 30 days after the due date. In accordance with Government Code 2107.003(d),collection costs up to 30%may be assessed TCEQ understands the account party may be a debtor in a pending bankruptcy proceeding.The portion of this invoice,if any,that represents pre-petition fees due is sent for informational purposes only and is not an attempt to recover a claim against the debtor.TCEQ will file an appropriate proof of claim with the bankruptcy court for such pre-petition fees.Any post-petition fees due and owing as shown on this invoice should be paid in accordance with this invoice. IMPORTANT: TO CHANGE A PLEASE INDICATE BILLING ADDRESS CHANGE BELOW BILLING ADDRESS FOR A GPS OR GPW FEE(SEE INVOICE DESCRIPTION ON FRONT SIDE), Address: CALL 512/239-4671 FOR GPW& CALL 512/245-0130 OR EMAIL City: S WPERMIT@TCEQ.TEXAS.GOV FOR GPS State&Zip Code: Phone: FAX: TEXAS COMMISSION ON (Note: NAME CHANGE MUST BE SUPPLIED IN WRITING) ENVIRONMENTAL QUALITY PO BOX 13089 AUSTIN TX 78711-3089 M&C Review Page 1 of 2 official site of the City of Fort Worth,Texas FORT WORTH CITY COUNCIL AGENDA y`� COUNCIL ACTION: Approved on 7/12/2011 -Ordinance Nos. 19745-07-2011 & 19746-07-2011 DATE: 7/12/2011 REFERENCE NO.: **G-17313 LOG CME: 20TECHNICOAT CODE: G TYPE: CONSENT PUBLHEARING: NO SUBJECT: Authorize Execution of Memorandum of Agreement Between the City and Tarrant Regional Water District for the Payment of a Penalty to the Texas Commission on Environmental Quality in the Amount of$45,000.00 to Finalize the Agreed Order Associated with 301 NE 6th Street and Adopt a Supplemental Appropriation Ordinance Increasing Appropriations in the Environmental Protection Operating Fund by $45,000.00 and Decreasing the Unaudited, Unreserved, Undesignated Environmental Protection Operating Fund Balance by the Same Amount and Authorize the Transfer of Funds from the Environmental Protection Operating Fund to the Environmental Protection Project Fund (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the Execution of Memorandum of Agreement between the City and Tarrant Regional Water District for the Payment of a Penalty to the Texas Commission on Environmental Quality in the Amount of$45,000.00 to Finalize the Agreed Order Associated with 301 NE 6th Street; 2. Adopt the attached supplemental appropriation ordinance increasing appropriations in the Environmental Protection Operating Fund by $45,000.00 and decreasing the unaudited, unreserved, undesignated fund balance by the same amount; 3. Authorize the transfer of$45,000.00 from the Environmental Protection Operating Fund (R103) to the Environmental Protection Project Fund (R101); 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Environmental Protection Project Fund (R101) in the amount of$45,000.00; and 5. Authorize the Can an Agreed Order associated City Manager to pay a penalty to the Texas ' with the Former on on al Quality, in m the amount $45,000.00 for settlement of Technicoat property located at 301 NE 6th Street. DISCUSSION: The former Technicoat property located at 301 NE 6th Street was purchased by the City on November 2, 2001 as authorized by City Council (M&C L-13134 on August 28, 2001). A requirement of this purchase was that the City satisfy the terms set forth in the Agreed Order between Technicoat Operating, Inc., Felton Havins, Sr., and the Texas Natural Resource Conservation Commission. Since 2001, the City has worked with the Texas Commission on Environmental Quality (TCEQ) regarding the technical aspects of the Agreed Order. The property has been assessed for environmental impacts to both groundwater and soil. In late 2010, the TCEQ agreed that the technical aspects of the Agreed Order had been satisfied. The only remaining action is to pay the penalty associated with the Agreed Order in the amount of$45,000.00. The land was sold to the BLG Northside Development, LP, on August 16, 2007 who subsequently sold the land to the Tarrant Regional Water District (TRWD) on June 28, 2010. The City's contractual obligations to Mr. Havins, Sr. regarding the Agreed Order have remained through the property transactions. However once the penalty is paid to TCEQ, the TRWD will take over any future l,tt„•//anrn_cfwnet.orp-/council packet/mc_review.asp?ID=15248&councildate=7/12/2011 8/10/2011 M&C Review Page 2 of 2 environmental actions at the property. The Memorandum of Agreement shall stipulate that upon receipt of the $45,000.00 to TCEQ, the City shall have no further obligation related to the property either to TRWD or to TCEQ. The project is physically located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the supplemental appropriation ordinance, funds will be available in the current operating Budget, as appropriated, of the Environmental Protection Project Fund. TO Fund/Account/Centers FROM Fund/Account/Centers 11-R103538040 0201100 $45,000.00 2) R103 538040_0201100 $45,000.00 3) R101 476103 020211006000 45 000.00 4) R101 539120 020211006000 $45,000.00 3) R101 539120 020211006000 $45_000.00 Submitted for City Manager's Office by. Fernando Costa (6122) Originating Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Michael Gange (6569) ATTACHMENTS 20TECHNICOAT Rec1.doc 20TECHNICOAT Rec3.doc Map TECHNICOAT.pdf 11ttn-//5knnC! rfilm nt nrrr/n n..r.nib r.nnLo+/w... .-o...o.,. ---')TTl-1 CIIA0 1 a_--^7/in/I%n1 i nig n^nl I