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HomeMy WebLinkAboutContract 33698 CITY SECRETARY CONTRACT NO. SUPPLEMENTAL ENVIRONMENTAL PROJECT AGREEMENT between CITY OF FORT WORTH, TEXAS and TEXAS COMMISSION ON ENVIRONMENTAL QUALITY WHEREAS, pursuant to TEXAS WATER CODE SECTION 5.051, the Texas Commission on Environmental Quality ("TCEQ") 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 TCEQ 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, Texas ("Performing Party") is a home-rule municipal corporation situated in the State of Texas acting herein by and through Libby Watson, its duly authorized Assistant City Manager; and WHEREAS, the Performing Party's project described in Attachment A meets the definition of a supplemental environmental project("SEP"),pursuant to TEXAS WATER CODE SECTION 7.067 and the TCEQ guidance regarding supplemental environmental projects; 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: 1. Approvable SEP: The TCEQ agrees the project described in Attachment A constitute an approvable supplemental environmental project in compliance with the TCEQ guidance regarding supplemental environmental projects and that funds voluntarily contributed as part of a settlement of a TCEQ enforcement action may be used to fund the project. 2. Maintenance of SEP Monies: Performing Party agrees to maintain funds,which are approved by the TCEQ and contributed by respondents in enforcement actions brought by the TCEQ, in an interest-bearing account used exclusively for such funds. The contribution shall be referred to in this Agreement as "SEP monies." (; s ?r '.� 1 �V �1f v 5v�'71( lLn!IJ(ggq1� i The City of Fort Worth, Texas Third Party Agreement Page 2of11 3. Use of SEP Monies: Performing Party agrees to expend SEP monies which it receives solely for the project described Attachment A.Performing Party agrees that it shall not use any SEP monies, nor interest from such monies, for administrative expenses associated with the implementation of the SEP project. 4. Accounting: Performing Party shall specifically account for the receipt and expenditure of SEP monies, including all interest earned on such funds. 5. Timely Expenditure: Performing Party agrees to spend all SEP monies received prior to expiration or termination of this Agreement and to ensure the expenditure of such monies results in adequate and timely work performed or purchases made in accordance with this Agreement. Performing Party agrees to spend SEP monies within one year of contribution and will provide the TCEQ with timely notice and justification for the inability to spend such monies. 6. Other Contributors: Nothing in this Agreement shall be construed to prevent Performing Party from accepting funds from charitable contributors or other sources to the extent permitted by law. 7. Additional Funds Request Limitation: Performing Party agrees that it will not request additional contributions from any TCEQ contributor within six months of receiving funding from them through the SEP. 8. TCEQ Enforcement Actions: This Agreement does not create any rights on behalf of Performing Party or contributing respondents in TCEQ enforcement actions. Performing Party shall have no role in the TCEQ enforcement process other than to receive approved, voluntary SEP contributions from respondents and perform SEP projects according to the terms of this Agreement. 9. Project Performance: Performing Party 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,TCEQ rules,and SEP policies. 10. Reporting: Performing Party agrees to provide the TCEQ 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. The City of Fort Worth, Texas- Free Fare Transit Day 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 TCEQ does not waive any rights it may have under the Texas Public Information Act,TEXAS. GOV. CODE Chapter 552,or other law;Performing Party agrees to provide to a representative of the TCEQ,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. Performing Party shall require that such contractors, subcontractors and grantees provide Performing Party or to a representative of the TCEQ, upon request, access to the site of any work being financed in whole or in part by SEP monies. 12. Publicity: Performing Party shall not publicize the name of contributors of SEP monies without notice to the TCEQ, consent of the contributor(s), and without including the following statement or its equivalent: "The company's contribution to this project was made voluntarily as part of the settlement of an enforcement action brought by the Texas Commission on Environmental Quality." 13. Effective Date: This Agreement is effective on the date of last signatory. 14. Agreement Term: This Agreement automatically renews, in one year increments, unless terminated with or without cause, by any party, in writing, at least thirty (30) days in advance. 15. Termination: Within 30 days after the termination date of this Agreement, Performing Party shall make a written accounting to the TCEQ 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. 16. Refund of SEP Monies: If at any time the TCEQ determines that SEP monies have been spent in a manner that has not resulted in adequate and timely work performed or purchases made in accordance with this Agreement,the TCEQ is entitled to payment from Performing Party of the total remaining amount of contributions, including any interest earned on those contributions, to the General Revenue Fund of the State of Texas. 17. Effective Delivery: Any notice or other written communication shall be considered delivered: (1) when postmarked,provided it is sent by either regular or certified mail; or(2)when delivered, if delivered in person to the TCEQ SEP Coordinator,the TCEQ Executive Director, or the responsible official of Performing Party. _t The City of Fort Worth, Texas- Free Fare Transit Day Third Party Agreement 18. Addresses: The initial addresses of the parties,which one party may change by giving written notice to the other party, are as follows: City of Fort Worth, Texas Haily Summerford, Public Education Specialist City of Fort Worth, Texas 1000 Throckmorton Street Fort Worth, Texas 76102 Texas Commission On Environmental Quality Litigation Division Attention: SEP Coordinator, MC 175 Texas Commission On Environmental Quality P.O. Box 13087 Austin, Texas 78711-3087 19. Point of Contact for Respondents: Performing Party's designated point of contact to receive SEP monies from contributing respondents shall be: Haily Summerford, Public Education Specialist City of Fort Worth, Texas 1000 Throckmorton Street Fort Worth, Texas 76102 20. Amendments: Any amendments, modifications, or supplements shall be in writing, signed and executed on behalf of Performing Party and the TCEQ. It is anticipated by the parties that this Agreement may incorporate projects not presently listed in the attached project description(Attachment A). Additional projects, approved in writing after the date of this Agreement by the Litigation Division Director, will be bound by this agreement and all the terms and conditions it contains. 21. Severable 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. H. .d��l�`UUII� Tu , i � r The.City of Fort Worth, Texas-Free Fare Transit Day Third Party Agreement 22. Governing Law: This Agreement shall be subject to and governed by the laws of the State of Texas. 23. 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 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. 24. 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 or implied), or other terms of any kind, exist between the parties regarding this project. ®r)0)'U 'uAR ;��� •n nc'7 1 i The City of Fort Worth, Texas- Free Fare Transit Day Third 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. i Stephanie Bergeron-Perdue Date Deputy Director, Leeal Services Texa Commission on Environmental Quality G Libby WatVon Date Assistant City Manager City of Fort Worth, Texas C�� M R . _ b� aI c � Assistant ity Attorney Date City of Fort Worth, Texas Marty Hendrix Date City Secretary Contract nuthorizatloA L&QU Date +i i% 4+6�VV. V j, pR The City of Fort Worth, Texas- Free Fare Transit Day Third Party Agreement Attachment A Supplemental Environmental Projects Project Description I. FREE FARE TRANSIT DAY 1. Project Title: City of Fort Worth, Texas' Free Fare Transit Day Description: The Performing Party will schedule, coordinate, and manage a cooperative effort involving the Transportation Authority(the"T"),City of Fort Worth, Texas, the Dallas Area Regional Transit Authority (DART), the Denton County Transportation Authority(DCTA), the North Texas Clean Air Coalition (NTCAC),the Texas Environmental Education Partnership Fund,(TEEP),and the Trinity Railway Express(TRE),to reduce the levels of air pollution in the nine-county area identified by the Environmental Protection Agency as being in an eight-hour ozone non-attainment area in North Texas. The project will help reduce the levels of harmful air pollution in that region by promoting and executing a "Free Fare Transit Day" event for all passengers in the three-transit-agency area(DART, the T, and DCTA.) The three transit agencies will offer passengers free fare on a sponsored event day. The City of Fort Worth will work with the transit agencies and use SEP funds to: • Reduce levels of nitrogen oxides (NOx) and volatile organic compounds (VOC)s in the non-attainment region; • Promote the use of transit systems as a method of reducing air contaminants in the region; • Educate the public about the causes of sources of air pollutants; • Educate the public about what can be done to help reduce the levels of contaminants in the region. Estimated Cost: $77,643 Benefits: Project will provide an immediate reduction of NOx and VOC contaminants for the non-attainment region, and will have a future impact by increasing the use of public transportation and educating the public about the importance of and ways to reduce air pollution. Counties directly involved: Collin, Dallas, Denton, and Tarrant. Counties potentially impacted: Collin, Dallas, Ellis, Johnson, Kaufman, Parker, Rockwall, and Tarrant. 1p :rUo :'d1iS� Uf19 US�Lo The City of Fort Worth, Texas- Free Fare Transit Day Third Party Agreement Records and Reporting The Performing Party shall maintain records of the costs of the SEP. The Performing Party shall submit quarterly reports. The reports shall contain the following information: A. The total amount of contributions received under the SEP program during each half year, including interest accounted to each contribution; B. A description of each project to which SEP funds were allocated and progress made to date; C. A list of actual expenditures paid by SEP monies for each project; D. The total balance of the SEP Account, including interest earned to date; E. Projected expenditures of SEP monies remaining in the account; and F. Any additional information the Performing Party believes will demonstrate compliance with the SEP agreement. The final report is due within 30 days of the conclusion of the fiscal year. Any final reports for completed projects shall be due within 30 days of completion of that particular SEP. The Performing Party agrees to provide additional information requested by the SEP Coordinator. All SEP reports and information shall be submitted to the following address: Litigation Division Attention: SEP Coordinator, MC 175 Texas Commission on Environmental Quality P.O. Box 13087 Austin, Texas 78711-3087 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/20/2006 - Ordinance No. 17012-06-2006 DATE: Tuesday, June 20, 2006 LOG NAME: 52FREEFARE REFERENCE NO.: **C-21526 SUBJECT: Authorize Entering a Third Party Agreement with the Texas Commission on Environmental Quality for Supplemental Environmental Project Funding and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to enter into a third party agreement with the Texas Commission on Environmental Quality (TCEQ) to receive voluntary Supplemental Environmental Project contributions for a City environmental project with a not to exceed amount of$77,643.00; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund by $77,643.00, subject to receipt of an executed agreement. DISCUSSION: Under Texas Commission on Environmental Quality (TCEQ) regulations, a party involved in an enforcement action with the TCEQ may negotiate an agreement to perform or fund a Supplemental Environmental Project in return for a reduction in the assessed administrative penalty. The TCEQ defines a SEP as a project that prevents pollution, reduces the amount of pollution reaching the environment, or enhances the quality of the environment. Although the City of Fort Worth is not currently a party to a SEP, TCEQ regulations allow the City to receive SEP monies to fund local environmental projects. The money received under the terms this third party agreement will be used to fund a "Free Fare Transit Day" in North Texas. The region's three transit agencies, DART, The T and the Denton County Transportation Authority (DCTA), have committed to the event. The Trinity Railway Express (TRE), a branch of the DART and The T, will be included in the Free Fare Transit Day event. The City of Fort Worth, North Texas Clean Air Coalition (NTCAC) and the region's transit agencies will host a "Free Fare Transit Day" July 18, 2006. The transit agencies and the NTCAC will provide project coordination event promotion and media relations. The City of Fort Worth will act as the fiscal agent. The money received through the SEP will be used to reimburse the transit agencies for fares and additional security up to $74,643, and fund an education event item in the amount of$3,000. The transit agencies and the NTCAC will provide invoices to the City of Fort Worth in order to receive reimbursement of their costs. The Free Fare Transit Day will capture media attention and has the potential to increase the region's transit ridership and reduce air emissions. This regional effort is a first for North Texas and will allow North Texans an opportunity to try transit FREE. http://www.cfwnet.org/council_packet/Reports/mc_print.asp 7/13/2006 Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon adoption of the attached appropriation ordinance and approval of the above recommendation funds will be available in the current operating budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by: Libby Watson (6183) Originating Department Head: Brian Boerner(6647) Additional Information Contact: Michael Gange (6569) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 7/13/2006