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HomeMy WebLinkAboutContract 26377 CITY SECRETARY r� CONTRACT NO. � � q I INTERLOCAL AGREEMENT BETWEEN THE CITY OF FORT WORTH AND TARRANT COUNTY FOR AN AIR POLUUTION CONTROL PROGRAM THIS AGREEMENT is entered into by and between the City of Fort Worth, Texas, a home-rule municipal corporation situated in Tarrant and Denton Counties, Texas, ("City"), acting herein by and through Charles Boswell, its duly authorized Assistant City Manager and Tarrant County, Texas, ("County") acting herein by and through Tom Vandergriff, its duly authorized County Judge, as directed by the Commissioners Court of Tarrant County, Texas. WHERAS, Article 3, Section 64, of the Texas Constitution and the Interlocal Cooperation Act (Chapter 791 of the Texas Government Code) authorize counties and cities in the State of Texas to contract with one another for the performance of various governmental functions and services, including those in the area of public health and welfare; and WHEREAS, the City of Fort Worth and Tarrant County, pursuant to the Constitution and the laws of the State of Texas, desire to make and enter into a contract whereby the City of Fort Worth will retain its Air Pollution Control Program and make available to the County certain air pollution testing for Fiscal Year 2001; NOW THEREFORE, IT IS AGREED AS FOLLOWS: 1. City shall provide the following services to County: A. New Source Reviews/Permits — provide comment on permit applications submitted to the Texas Natural Resource Conservation Commission (TNRCC) and monitor permit compliance; B. Field Inspection — conduct inspections on all emission sources and new source performance standards. Investigate all complaints and send reports to the TNRCC; C. Respond to citizen complaints associated with air pollution from industrial activities, construction projects, vehicle emissions and other outdoor containments; D. Provide, on a daily basis, the pollutant standard index for ozone to local media; and E. Conduct monitoring for particulate emissions for compliance with the standard and report the index to the local media. � 0�� � ���0ED 2. This Agreement covers the unincorporated areas of the County. Services specified in Section 1 will be provided as requested by the County Judge or the Judge's designee. The City shall submit the names of the violators to the TNRCC to take any enforcement action the TNRCC believes is warranted. 3. This Agreement shall be valid from October 1, 2000 through September 30, 2001. 4. As fair compensation to City for providing the services pursuant to this Agreement for the County, County hereby agrees to pay to City the sum of thirty-six thousand two hundred sixty dollars ($36,260.00), which shall be paid in equal quarterly installments of nine thousand sixty-five ($9,065.00) due on December 31, 2000, March 31, 2001, June 30, 2001 and September 30, 2001. Payment hereunder shall be made from current revenues available to the County. 5. City will provide County with quarterly reports of activities performed pursuant to this Agreement. 6. City is an independent contractor under the terms of this Agreement and is not an officer, agent, servant or employee of the County. 7. This Agreement contains all commitments and Agreements of the parties hereto, and no other oral or written commitments shall have any force or effect if not contained herein, except that this Agreement can be amended or modified by the parties if such amendment or modification is in writing and signed by City and County. EXECUTED IN TRIPLICATE in Fort Worth, Tarrant County, Texas CITY OF FORT WORTH TARRANT COUNTY Charles Boswell Tom Vandergriff, ' ;' Assistant City Manager County Judge Date Signed: ( � Date Signed: oZ bC� 1_0G°�gD 2 KP ATTEST ATTEST Gloda Pearson ,//-/(P_p�) ounty Auditor City Secretary Certified as to availability of Funds in amount not to Exceed $ 3 ��z Contract Authorization Date APPROVED AS TO FORM: Cynthia Gar ' / Kevin Kapitan Assistant City Attorney �, ir. �; r�lkk [����D l �,u r Y APPROVAL FOR DISTRICT ATTORNEY r By: Appr v as to Form* *By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s). NCO N 21 COMMISSIONERS COURT REFERENCE NUMBER ' PAGE 1 OF 4 COMMUNICATION •.•,• DATE• 09 i 26 i 99 SUBJECT: FY 2001 RENEWAL OF THE AIR QUALITY INTERLOCAL BETWEEN TARRANT COUNTY AND THE CITY OF FORT WORTH 11-1 -00 A , , :, I , COMMISSIONERS COURT ACTION REQUESTED: It is requested that the Commissioners Court approve the FY 2001 renewal of an interlocal agreement with the City of Fort Worth to provide air quality monitoring services in unincorporated Tarrant County in the amount of$36,260.00. BACKGROUND: For the past several years, Tarrant County has participated in the City of Fort Worth's Air Pollution Control Program. The City's air quality testing is provided both inside and outside the city limits of Fort Worth in Tarrant County. This program supplements the activities of the Texas Natural Resource Conservation Commission (TNRCC). Renewal of this interlocal agreement will continue service levels to Tarrant County at the same rate as FY00 for the period October 1, 2000 through September 30, 2001. This interlocal requires that quarterly reports be made to the County. Other than the term of the agreement, no other changes have been made to this agreement. This interlocal has been approved by the District Attorney's Office as to form. FISCAL IMPACT: Total funding, in the amount of $36,260.00, is to be paid in quarterly payments of $9,065.00. Funds have been included in the proposed FY2001 budget. "JMCIAd PECORD CON RNMEY �o 'm TV. DISPOSITION BY COMMISSIONERS COURT ❑APPROVED 1:1 OTHER [describe] SUBMITTED BY[DEPT.]: Administrator PREPARED BY: Judi Scott City of Fort Worth, Texas 4tayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 10/31/00 **C-18326 52POLLUTION i of 2 SUBJECT APPROPRIATION ORDINANCE AND CONTRACT WITH TARRANT COUNTY FOR AIR POLLUTION CONTROL PROGRAM RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund by $36,260; and 2. Authorize the City Manager to execute a contract with Tarrant County in an amount not to exceed $36,260 to assist Tarrant County with air pollution issues in unincorporated areas of Tarrant County during FY2000-2001. DISCUSSION: For the past several years, the City and Tarrant County have entered into an Interlocal Agreement for air pollution control services. Tarrant County has approved a contract for the period October 1, 2000 through September 30, 2001. During the period of the contract, the City will make the following services available to Tarrant County: • New sources review/permits; and • Field inspections; and • Response to citizen complaints associated with air pollution; and • Provide the Pollutant Standard Index for ozone to the local media; and • Conduct monitoring for particulate emissions. The services specified will be provided as requested by the County Judge or his designee. Tarrant County has agreed to pay the City $36,260 for these services. City of Fort Worth, Texas "Agar andCommunication Councii DATE REFERENCE NUMBER LOG NAME PAGE 10/31/00 **C-18326 52POLLUTION 2 of 2 SUBJECT APPROPRIATION ORDINANCE AND CONTRACT WITH TARRANT COUNTY FOR AIR POLLUTION CONTROL PROGRAM FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Fund. The Environmental Management Department will be responsible for the collection of funds due to the City under this agreement. CBJ Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) GR76 451335 052422672000 $36,260.00 APPROVED Charles Boswell 8511 GR76 (5)Various 052422672010 $36,260.00 CITY COUNCIL Originating Department Head: Brian Boemer 8079 (from) OCT 31 pppp' Additional Information Contact: A.. City 5ecTetary of the Brian Boerner 8079 City of Fort Worth,T%xas Adopted Ordinance No. I&I