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."
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The City of Fort Worth, Texas
Third Party Agreement
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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.
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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.
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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.
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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
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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.
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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
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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
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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