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Home My WebLink AboutContract 26681CIiY SEC�E�A�iy C�IVYRACT N� e �_�� % �' I SUPPLEMENTAL ENVIRONMENTAL PROJECT AGREEMENT between CITY OF FORT WORTH, TEXAS and THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION WHEREAS, pursuant to TEXAS WATER CODE SECTION 5.051, the Texas Natural Resource Conservation Commission ("TNRCC") is created as an agency of the state, with the authority under TEXAS WATER CODE SECTION 5.229 to enter into contracts and with the authority under TEXAS WATER CODE SECTION 5.102 to perform acts specifically authorized or necessary and convenient to the exercise of its jurisdiction and powers; and WHEREAS, pursuant to TEXAS WATER CODE SECTION 7.067, the Texas Natural Resource Conservation Commission may consider the willingness of a respondent in an administrative enforcement matter to contribute to supplemental environmental projects that are approved by the Commission; and WHEREAS, the City of Fort Worth is a municipality in the State of Texas; and WHEREAS, the City of Fort Worth's projects described in the Project Description (Attachment A) meet the definition of a supplemental environmental proj ect ("SEP"), pursuant to TEXAS WATER CODE SECTION 7.067 and the SEP policy statement dated October 26, 1995; and WHEREAS, the signatories to this Agreement have been authorized to enter into agreements and to execute contracts in furtherance of the mission of their respective organizations; NOW, THEREFORE, the parties agree as follows: Approvable SEP: The TNRCC agrees the project described in Attachment A constitutes an approvable supplemental environmental proj ect in compliance with the TNRCC Supplemental Environmental Proj ect Statement dated October 26,1995 and that funds voluntarily contributed as part of a settlement of a TNRCC enforcement action may be used to fund the project. 2. Maintenance of SEP Monies: The City of Fort Worth agrees to maintain funds which are approved by the TNRCC and contributed by respondents in enforcement actions brought by the TNRCC in an interest-bearing account used exclusively for such funds. Such contributions shall be referred to in this Agreement as "SEP monies." ;. _ .._-__.__.,..._..___ -�--_ ; ,�_:��r�� c�c�� Page 1 of 8 � r f��i �j�� ;�� ,�1� � , i �;i�L,.: -�� ,; ';, �,fI �If � ,._..�L Iy �,;�;;II.._�iUU� U��'Uu City of Fort Worth THIRD PARTY AGREEMENT 3. Use of SEP Monies: The City of Fort Worth agrees to expend SEP monies which it receives solely for the project described in the attached project description (Attachment A). The City of Fort Worth agrees that it shall not use any SEP monies, nor interest from such monies, for educational materials or administrative expenses associated with the implementation of the SEP project. 4. Accounting: The City of Fort Worth shall specifically account for the receipt and expenditure of SEP monies, including all interest earned on such funds. 5. Timely Expenditure: The City of Fort Worth agrees to ensure the expenditure of SEP monies results in adequate and timely work performed or purchases made in accordance with this Agreement. The City of Fort Worth agrees to spend SEP monies within six months of contribution and will provide the TNRCC with timely notice and justification for the inability to spend such monies. 6. Other Contributors: Nothing in this Agreement, shall be construed to prevent the City of Fort Worth from accepting funds from charitable contributors or other sources to the extent permitted by law. 7. Additional Funds Request Limitation: The City of Fort Worth also agrees that it will not solicit additional funds from a contributing respondent within six months of receiving the SEP monies from such respondent. This shall not be construed to restrict any pledges, grants or agreements with the respondent in place prior to the SEP contribution. 8. TNRCC Enforcement Actions: This Agreement does not create any rights on behalf of the City ofFort Worth or contributing respondents in TNRCC enforcement actions. The City of Fort Worth shall have no role in the TNRCC enforcement process other than to receive approved, voluntary SEP contributions from respondents according to the terms of this Agreement. 9. Project Performance: The City of Fort Worth agrees that the project described in Attachment A funded with SEP monies shall be performed in accordance with this Agreement and all applicable State and Federal laws, TNRCC rules, and SEP policies. 10. Reporting: The City of Fort Worth agrees to provide the TNRCC SEP coordinator with reports according to the requirements in Attachment A. The timely submittal of complete reports shall be considered an essential element of performance under this Agreement. �� G�i1�G0�� u��D Page 2 of 8 � I� f�,7 C�i;rCj �� .: i� �� ., � ��-��1� { ��o U'•�4��'::)�`I'��ri,��p ��!/Uo City of Fort Worth THIRD PARTY AGREEMENT 11. Right to Audit: To the extent permitted by law, the parties mutually agree to provide to each other any further documentation required that is directly pertinent to performance under this Agreement. The TNRCC does not waive any rights it may have under the Texas Public Information Act, TEX. GOV'T CODE ANN. CH. 552, or other law; the City of Fort Worth agrees to provide to a representative of the TNRCC, upon request, access to all financial records, grant documents, invoices and contracts related to the receipt of SEP monies, the expenditure of those monies, and performance of the project under this Agreement. The City of Fort Worth shall require that such contractors, subcontractors and grantees provide the City of Fort Worth or to a representative of the TNRCC, upon request, access to the site of any work being financed in whole or in part by SEP monies. 12. Publicity: The City of Fort Worth will not publicize the name of any contributing respondent without notice to the TNRCC, consent of the contributar(s), and without including the following statement or its equivalent: "The company's contribution to this proj ect was made voluntarily as part of the settlement of an enforcement action brought by the Texas Natural Resource Conservation Commission." This provision does not address any obligations under the Texas Public Information Act. 13. Agreement Term: Irrespective of the date of execution of this agreement, this agreement shall be effective on February 1, 2001 and remain in effect for two years, unless renewed in writing by mutual agreement of the parties. Within 30 days of the effective date of termination, the City of Fort Worth shall make a written accounting to the TNRCC of all SEP monies received, interest accrued, and expenditures made under this Agreement, and shall pay to the General Revenue Fund of the State of Texas any such monies that will not be spent in accordance with this Agreement, including any interest earned on such monies. 14. Early Termination: Either party may terminate this Agreement at any time by giving 30 days written notice to the non-terminating party. 15. Refund of SEP Monies: If at anytime the TNRCC determines that SEP monies have been spent in a manner that has not resulted in adequate and timely wark performed or purchases made in accordance with this Agreement, the TNRCC shall be entitled to require payment from the City of Fort Worth of the total remaining amount of contributions, including any interest earned on those contributions, and any monies spent on unallowable expenses to the General Revenue Fund of the State of Texas. 16. Effective Delivery: Any notice or other written communication shall be considered delivered: (1) when postmarked, provided it is sent by certified mail, return receipt requested; or (2) when delivered, if delivered in person to the TNRCC SEP ; ��_�.... _� Page 3 of 8 ;�J)I�I�V��',:i� U'��U��:�� `,�� U e��U��Sll-;li��i�f ��i� � �';� i °:.� if If'�,�;7 � t� _ll� `!� I�Z r v . �._0 '1lcU✓C1h City of Fort Worth THIIZD PARTY AGREEMENT Coordinator, the TNRCC Executive Director, or the responsible official of the City of Fort Worth. 17. Addresses: The initial addresses of the parties, which one party may change by giving written notice to the other party, are as follows: Citv of Fort Worth Department of Environmental Management City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102-6311 Texas Natural Resource Conservation Commission Litigation Division Attention: SEP Coordinatar, MC 175 Texas Natural Resource Conservation Commission P.O. Box 13087 Austin, Texas 78711-3087 18. Point of Contact for Respondents: The City of Fort Worth's designated point of contact to receive SEP monies from contributing respondents shall be: Department of Environmental Management City of Fort Worth 1000 Throckrriorton Street Fort Worth, Texas 76102-6311 19. Amendments: Unless otherwise specified, this Agreement maybe amended onlyby written instrument signed and executed on behalf of the City of Fort Worth and the TNRCC. 20. Several Provisions: The provisions of this Agreement are declared to be severable such that if any part of this Agreement is for any reason found to be unenforceable, all other parts remain enforceable. 21. Governing Law: This Agreement shall be subj ect to and governed by the laws of the State of Texas. 22. Authorities Incorporated by Reference: Incorporated by reference, the same as if specifically written herein, are the rules, regulations, and all other requirements imposed by law; including but not limited to compliance with the pertinent rules and ��-__ _._,.� .�� - - �._.� Page 4 of 8 ��9�Ir��C��'�;i�. i;'(�G��D E �� 'f 5,�,,=�� j�G?"� ; �; u � �: ��,. . � � S �,I��f; � �:1zi'� i S� �M y_� G�� _ u`��,: �� u C�ln�o � City of Fort Worth THIlZD PARTY AGREEMENT regulations of the State of Texas and those of federal agencies providing funds to the State of Texas, all of which shall apply to performance hereunder. 23. Full Integration: This Agreement, the attachments, and laws incorporated by reference merge the prior negotiations and understandings of the parties and embody the entire agreement of the parties. No other agreements, assurances, conditions, covenants (express ar implied), or other terms of any kind, exist between the parties regarding this project. --�---�..r , �,v�� 0�� G'��D Page 5 of 8 �� f�� N�^��:�1U�ll� �: .. � i �,� �1;� , � , l ?r ° r U lJ� E r � L�'��'i � 'r.'' �" ' ,��1��} >a City of Fort Worth THIIZD PARTY AGREEMENT I, the undersigned, have read and understand this Supplemental Environmental Project Agreement. I am authorized to execute this Supplemental Environmental Project Agreement on behalf of the entity indicated below my signature, and I do hereby agree to the terms and conditions specified herein. This Agreement is binding only after all parties listed below have signed this Agreement. � , Ji P 'llips De Director, Legal Services Texas Natural Resource Conservation Commission C'.�� _ Assistant City Manager City of Fort Worth , �,. } �ssistai��,C Attorney City of Foi=t Worth Page 6 of 8 u�ID OI Date � �a o I Date i --�- � Date � �!��U�� G�',�TG`''�'G�� ?�— � r�� ;�sG%�� . 1 r, .� � ,: �� ,�r,k,;��,�� `� � ��v!._�J�p �,�� '�1'EST: I� 1 �; � ,. � ��C �C�,�, �, C�loria Pearson,� ity Secretary �_�._��) M& C C-18503, dated 3-20-01 .� CCxitract Authoriza�ian bate �� 6�c0�1� ��G ��D �� : G?��; r�� o �Znl��ii:�� U �'Gi10 } �' � ,:F ' City of Fort Worth THIIZD PARTY AGREEMENT Attachment A Supplemental Environmental Project 1. Project Descri�tion Project Title: Household Hazardous Waste Collection Facility Description: The City of Fort Worth schedules, coordinates and manages a household hazardous waste (HHW) collection facility for the City of Fort Worth and surrounding communities. The project will be administered in accordance with the TNRCC guidance document on HHW collection projects and in compliance with federal, state and local environmental laws and regulations. SEP monies contributed under this agreement to the City of Fort Worth will be used to cover the direct costs of HHW disposal, treatment or recycling. Benefits: This project will provide a discernible environmental benefit by providing a means of properly disposing of household hazardous waste that might otherwise be disposed of in storm drains, the sewage system or other means, which may be detrimental to the environment. Eligible Counties: Tarrant Estimated Cost: Minimum of $500 Project Title: Purchase of Electric Powered Lawn Mowers Description: The City of Fort Worth will purchase electric powered lawn mowers to be used by the city's parks and recreation department instead of fuel powered lawn mowers. Benefit: Reduce air emissions that are generated by fuel powered lawn mowers which contribute to ozone problems in the Dallas-Fort Worth non-attainment area. Eligible Counties: Tarrant Estimated Cost: $400.00 per lawn mower 2. Records and Reporting The City of Fort Worth shall maintain records of the SEP program and shall submit reports regarding the SEP program quarterly. The reports shall contain the following information: i. The total amount of contributions received under the SEP program during the quarter itemized by respondent's name and contribution amount; ii. A description of the projects to which SEP monies were allocated and progress made to date; iii. A detailed list of actual expenditures paid by SEP monies with receipts or other verifying documentation attached; �_t��..�,.,_�_. � �} 5r5�� I;' � �� '^�� (c�i i) Page 7 of 8 i L�UV��-;� �s`��Ji�:_� � �� I'11'f C1��i, =Ci��, f�'iP�,/i7 � �:��J � :.'��Sv��;ry�IJ:U r� in.��'�'- —r', r iq�,:�,1 i,�,�� .'•l l�!1� I.c,��;�.�_'':rG..i� 5i-�o °>' , '� City of Fort Worth THIRD PARTY AGREEMENT iv. A list of specific items paid for with SEP monies, identifying the check number, recipient name, and project; v. The balance of the SEP Account, including interest earned to date; vi. The environmental benefit, in quantifiable terms; and vii. Any additional information the City of Fort Worth believes will demonstrate compliance with this Agreement. The quarterly reports are due within 30 days of the end of each quarter. The City of Fort Worth agrees to provide additional information concerning the SEP project as required by the SEP coordinator. All SEP reports and information shall be submitted to the following address: Litigation Division Attention: SEP Coordinator, MC 175 Texas Natural Resource Conservation Commission P.O. Box 13087 Austin, Texas 78711-3087 � ��rCG�:� G-_'�C�G�D Page 8 of 8 �(��f �N(�iv, �1� ',�J�� Jp ��o V��1��Ir��IJ U � ��lNa L.�,.r....�� I� --v --�. City of Fort Wo�th, Texas �I�A�ar Attd Caunc�l Camn�un�cAt�an DATE REFERENCE NUMBER LOG NAME PAGE 3/20/01 **C-18503 52TNRCC 1 of 2 SUBJECT INTERLOCAL AGREEMENT FOR SUPPLEMENTAL ENVIRONMENTAL PROJECT PROGRAM WITH THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an Interlocal Agreement with the Texas Natural Resource Conservation Commission (TNRCC) for renewal of the City's participation in the Supplemental Environmental Project (SEP) program. The term of the agreement is from February 1, 2001, through January 31, 2003. DISCUSSION: On January 5, 1999 (M&C C-17212), the City Council approved an Interlocal Agreement with the TNRCC authorizing the City's participation in the TNRCC's SEP program. The TNRCC defines a SEP as a project that prevents pollution, reduces the amount of pollution reaching the environment, enhances the quality of the environment, or contributes to public awareness of environmental matters. Under this agreement, the City of Fort Worth is eligible to receive funds from various entities when they are assessed administrative penalties by the TNRCC. Entities that elect to participate in the SEP program may give up to 50% of assessed fines to an environmental cause in their local area. The agreement provides that, irrespective of the date of execution, the term of the agreement will be February 1, 2001, to January 31, 2003. During the initial agreement period, the City received $9,920. The agreement specifies that the City will use money received either for the cost of disposal services of household hazardous waste at the Environmental Collection Center, or for the purchase of additional electric lawn mowers for the Parks and Community Services Department. Due to the late submission of the program participation renewal agreement by the TNRCC, City staff was unable to process the contract before the expiration date. City of Fort Wo�th, Texas �1►�Ayor And Caunc�! Can��»un�cAt�an