HomeMy WebLinkAboutContract 38705 (2)c1TY SECRETAr:.
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EXTENSION OF INTERLOCAL AGREEMENT
BETWEEN
DALLAS / FORT WORTH INTERNATIONAL AIRPORT BOARD
AND THE CITY OF FORT WORTH
THIS EXTENSION AGREEMENT is entered into as %J the date set forth below by and
between the CITY OF FORT WORTH, a home rule municipal corporation of the State of
Texas located within Tarrant, Denton, Parker and Wise Counties, Texas (hereinafter referred to
as the "City"), and the DALLAS / FORT WORTH INTERNATIONAL AIRPORT BOARD,
A Joint Airport Board of the Cities of Dallas and Fort Worth (hereinafter referred to as "the
Board").
WHEREAS the City and the Board entered in an Interlocal Agreement ("City of Fort
Worth Contract No. 35362"), pursuant to Chapter 791 of the Texas Government Code, for the
City to perform oil and gas inspection services at the Airport for a Term of May 1, 2007 through
April 30, 2009;
WHEREAS, the City and the Board wish to continue in their relationship and desire to
amend the Agreement for the purpose Q f extending the term;
WHEREAS Fort Worth M&C G23520, approved May 19, 2009 and Airport Board
Resolution No. 2009-04-063, approved April 2, 2009, approved a two-year extension thereof;
NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS:
That the City and the Board do hereby agree to amend and renew the Agreement as
follows:
1.
That City Secretary Contract No.35362, is hereby amended to extend the term of the
Agreement. ARTICLE 4 —TERM is hereby amended to add a second paragraph to read as
follows:
§4.02 In addition, by agreement of the Parties, this Agreement is extended through April
30, 2011, subject to earlier termination as provided herein.
That all other terms and conditions of City Secretary Contract No.35362, not expressly
amended herein, shall remain in full force and effect throughout the term of this Agreement.
IN WITNESS WHEREOF, the parties hereto have made and entered into this Agreement
this 17�ay of , 2009, in Fort Worth, Tarrant County, Texas
CITY OF FORT WORTH
By:
T.M. Higgins vv
Assistant City Manager
Fort Worth
Date: S�Zo�D q
Approved as to form and legality:
Assistant City Attorney
Fort Worth
Attested:
Fort Worth City Secretary
M&C C-23520
DALLAS /FORT WORTH INTERNATIONAL AIRPORT BOARD
Approved aslo form and legality:
By:��
dqffrOy P. Vegan �
Chief Executive Officer
DFW Airport General Counsel
Attested:
Airport B
Secretary
2
M&C Review
Page 1 of 2
DATE: 5/19/2009
CODE: C
REFERENCE NO.: **C-23520
TYPE:
CONSENT
LOG NAME:
PUBLIC
HEARING:
Offcia[ site of the CRy tit Fork. k-,)tth, I exas
12GAS WELL
INSPECTIONS
SUBJECT: Authorize a Two Year Extension to the Interlocal Agreement Between the Dallas/Fort
Worth International Airport Board and the City of Fort Worth to Provide Gas Well Inspector
Service at Dallas/Fort Worth International Airport
RECOMMENDATION:
It is recommended that the City Council authorize a two year extension to the Interlocal Agreement,
City Secretary Contract No. 35362 between the Dallas/Fort Worth International Airport Board and the
City of Fort Worth to provide Gas Well Inspector Service at Dallas/Fort Worth International Airport.
DlscussloN:
On May 22, 2007, Council authorized an Interlocal Agreement with Dallas/Fort Worth International
(DFW) Airport providing gas well inspector service at DFW. This Interlocal Agreement provided for
two two-year extensions. DFW Airport has requested the first of these two-year extensions.
In 2006, Dallas/Fort Worth International Airport Board (the Board), together with the Cities of Dallas
and Fort Worth, entered into a lease with Chesapeake Energy Corporation for natural gas exploration
in the Barnett Shale that lies beneath DFW Airport's 18,000 acres.
Board Resolutions Nos. 2006-03-068 and 2006-06-207 were approved by City of Dallas Ordinance
No. 26410 and City of Fort Worth Ordinance No. 17049-07-2006. These documents established the
DFW Airport Construction and Fire Prevention Standards, Part Nine — Oil and Gas Exploration and
Production, for oil and gas exploration and uniform limitations, safeguards and requirements for
drilling operations to protect the health, safety and general welfare of the public. The Board
Resolution No. 2007-02-30, approved by City of Dallas Ordinance No. 26607 and City of Fort Worth
Ordinance No. 17444-03-2007, amended Part Nine to add a variance procedure for gas drilling at the
Airport.
Chapter 791 of the Texas Local Government Code authorizes local government entities to enter into
Interlocal Agreements for the performance of governmental functions, including administrative
functions such as the inspection of oil and gas production operations and facilities.
The City and the Board have determined that the continuation of this Interlocal Agreement is in the
common interest of both parties and that the division of costs fairly compensates the performing party
for the services or functions to be provided under this agreement.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on
City funds.
http://apps.cfwnet.org/council�acket/mc_review.asp?ID=11778&councildate=5/19/2009 6/17/2009
M&C Review
Page 2 of 2
TO Fund/ACCOUnt/Centers
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
FROM Fund/Account/Centers
Karen Montgomery (6222)
David Yett (7623)
Charlene Sanders (7611)
http://apps.cfwnet.org/council�acket/mc review.asp?ID=11778&councildate=5/19/2009 6/17/2009
TO: Cathy Nevans, Legal Department
FROM: Allison Tidwell, City Secretary's Office
DATE: May 27, 2009
SUBJECT: GAS WELL INSPECTOR SERVICE AT D/FW INTERNATIONAL
AIRPORT
These documents are being forwarded to you for original signatures from the Dallas/Fort Worth
International Airport Board. All signed copies of the contract must be returned with original
signatures for final processing.
Failure to return the documents will delay the final processing of the contract. Once we have
received all of the documents, we will assign a contract number. Thank you in advance for your
cooperation.
If you have any questions, please call me at 817-392-6090.
Attached: 4 sets
:.
Sim
INTERLOCAL AGREEIVIENT
BETWEEN
DALLAS / FORT WORTH INTERNATIONAL AIRPORT BOARD OF DIRECTORS
AND THE CITY OF FORT WORTH
THIS AGREEMENT is made entered into this theak;L'� day of , 2007, by and
between the CITY OF FORT WORTH, a home rule municipal corporation of t e State of Texas
located within Tarrant, Denton, Parker and Wise Counties, Texas (hereinafter r ferred to as the
"City"), acting herein by and through its duly authorized Assistant City Manager, and the
DALLAS / FORT WORTH INTERNATIONAL AIRPORT BOARD OF DIRECTORS, A
Joint Airport Board of the Cities of Dallas and Fort Worth (hereinafter referred to as "the
Board").
'WHEREAS this Agreement is made under the authority granted by and pursuant to
Chapter 791 of the Texas Government Code; and
WHEREAS, in 2006, the Board, together with the Cities of Dallas and Foxt Worth,
entered into a lease with Oklahoma Citywbased Chesapeake Energy Corporation for the natural
;as exploration in the Barnett Shale that lies beneath the Dallas / Fort Worth International
Airport's 18,000 acres; and
WHEREAS Board Resolution Nos. 2006-03-068 and 2006-06-207, approved by Ciiy of
Dallas Ordinance No. 26410 and City of Fort Worth Ordinance No. 17049-07-2006, adopted the
DFW Airport Construction and Fire Prevention Standards, Fart Nine - Oil and Gas Exploration
and Production, for ail and gas exploration and uniform limitations, safeguards, and requirements
for drilling operations to protect health, safety, and general welfare of the public as well as
minimize the potential impact to property, protect the quality of the environment, and encourage
the orderly production and transportation of available mineral and natural gas resources; and
WHEREAS Board Resolution No. 2007-02-30, approved by City of Dallas Ordinance
No. 26607 and City of Fort Worth Ordinance No. 17444-03-2007, amended Part Nine to add a
variance procedure for gas drilling at the airport; and
WHEREAS
Chapter 791 of the Texas Government Code authorizes local government
entities to enter into agreements for the perfarrnance of gaverzzznental fitnetions, including
administrative functions such as the inspection of oil and gas production operations and facilities,
and
WHEREAS the City and the Board desire that the City pez•%nn such oil and gas
inspection services at the Airport; and
WHEREAS each governing body, in performing government functions or in paying for
the performance of governmental functions hereunder, shall make that performance ox those
payments from. current revenues legally available to that party; and
WHEREAS each governing body rinds that the subject of this Agreement is necessary
for the benefit of the public and that each has the legal authority to perform and to provide the
government function or service which is the subject matter of this Agreement; and
WHEREAS each governing body finds that the performance of this Agreement is in the
common interest of both parties and that the division of costs fairly compensates the performing
party for the services or functions under this agreement;
NOW, THEREFORE, in consideration of the mutual benefits and promises contained
herein and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
ARTICLE 11
CITY OBLIGATIONS
§ 1.01 The City shall:
1. Provide all labor, 'materials; equipment, personnel, supervision and
management for gas well inspecting service at the Airport, pertaining to,
a. Site inspection log'and pad site case file for each location;
b. Maintenance of computer file records;
c. Attendance at staff meetings of the Board as requested; and
d. Reply to related public information requests.
2. Maintain a gas well inspector available on an "on -call" 2417 schedule.
3. Notify designated Board personnel and well operator and driller personnel
of emergencies known to the City; provided that the City shall not be
required to provide emergency response services.
4. Provide general site inspections to commence as the drilling starts on each
pad site.
S. Carry out general site inspections generally one day per week as follows:
a. Compliance with DFW Ordinances, Part-9 Oil and Gas Exploration and
Production, Sections 1447 as regards surface conditions;
b. Compliance with the rules of the Texas Administrative Code (TAC) Title Mop
Economic Regulation, Part l-Railroad Commission of Texas, Chapter 3-Oil and
Gas Division;
Q. Onsite equipment conditions for damage, saltwater leaks and general
maintenance;
d, Wellhead pressure;
e. Impromptu check of tank contents for sour gas;
f Check for NORM (Naturally Occurring Natural Radiation); and
g, Site conditions recdgnized as a potential public safety hazard.
6. Report hazardous �or,�A environmental conditions associated with surface
contamination to designated Board personnel.
§2,O1. The Board shall provide:
1. Access to the airport and each pad site on a 24 hour, seven day a week basis;
2. Seeuriiy clearance, badge, driving classes and other required training and,
if needed, an escort to secured areas;
3. Assistance and advice by Fire, Security, Environmental and other DFW
departments involved with gas well drilling and production activities,
�a
�#. Relevant Dl?W staff Iist with title, name, phone, email and location map to
office sites;
5, 24whour emergency contact numbers and names for airport personnel and
Chesapeake;
6, Designated no fee parking during site inspection and management
conferences;
7. Location coordinates and attribute information for each pad site and well;
�. pile sharing as necessary to complete the scope of services;
9. Coordinate with the City for office space for one inspector with necessary
equipment DFW and the City mutually agree is necessary to facilitate
communication and project control by DFW;
10. Cost sharing of use of laptop for DFW; and
11. Issuance of Airport permits for:
a. Gas well pad sites located on the airport,
b. Gas wellbore and tank facilities,
c. T'reshwater and other related pits,
d, Natural gas compressor substations,
e. Natural gas gathering and transmission pipelines,
f Saltwater waste pipelines and disposal facilities,
g. Any other permits required by airport ordinances.
a>r��rzcLE ss
FEES
§3.01. The Board shall pay:
1. A commencement fee of $b50 per well, as each well is commenced;
2. An annual gas well inspection fee of $175 for each wellbore that exists on
the first of January of each calendar year;
3. Emergency overtime costs, four (4) hour minimum, of $125 per hour,
commencing at the time the inspector receives the call for onsite assistance from
authorized Airport officials; and
4. The cost of training and equipment utilized exclusively for the Airport well site
I
nspections.
§3.02. The fees schedule maybe amended by mutual agreement'of the City and The Board.
§303. The City shall submit invoices quarterly to the Board, mailed an or about the 1S` of
March, June, September and December of each year. Invoices shall be submitted to the Finance
Department of the Board, at the address indicated below.
§104, Current Revenues. Pursuant to-1791.011 of the bterlocal Cooperation Act, each party
paying for performance of governmental functions or services must make those payments from
current revenues available to the paying party. Payments will be due within 30 days from receipt
of invoice,
3
IVY&C'Review
Page 1 of 2
Official site of the City of Fort Worth, Texas
DATE: 5/19/2009
CODE: C
REFERENCE NO.: **C-23520
TYPE:
CONSENT
LOG NAME:
PUBLIC
HEARING:
12GAS WELL
INSPECTIONS
SUBJECT: Authorize a Two Year Extension to the Interlocal Agreement Between the Dallas/Fort
Worth International Airport Board and the City of Fort Worth to Provide Gas Well Inspector
Service at Dallas/Fort Worth International Airport
RECOMMENDATION:
It is recommended that the City Council authorize a two year extension to the Interlocal Agreement,
City Secretary Contract No. 35362 between the Dallas/Fort Worth International Airport Board and the
City of Fort Worth to provide Gas Well Inspector Service at Dallas/Fort Worth International Airport.
DISCUSSION:
On May 22, 2007, Council authorized an Interlocal Agreement with Dallas/Fort Worth International
(DFW) Airport providing gas well inspector service at DFW. This Interlocal Agreement provided for
two two-year extensions. DFW Airport has requested the first of these two-year extensions.
In 2006, Dallas/Fort Worth International Airport Board (the Board), together with the Cities of Dallas
and Fort Worth, entered into a lease with Chesapeake Energy Corporation for natural gas exploration
in the Barnett Shale that lies beneath DFW Airport's 18,000 acres.
Board Resolutions Nos. 2006-03-068 and 2006-06-207 were approved by City of Dallas Ordinance
No. 26410 and City of Fort Worth Ordinance No. 17049-07-2006. These documents established the
DFW Airport Construction and Fire Prevention Standards, Part Nine —Oil and Gas Exploration and
Production, for oil and gas exploration and uniform limitations, safeguards and requirements for
drilling operations to protect the health, safety and general welfare of the public. The Board
Resolution No. 2007-02-30, approved by City of Dallas Ordinance No. 26607 and City of Fort Worth
Ordinance No. 17444-03-2007, amended Part Nine to add a variance procedure for gas drilling at the
Airport.
Chapter 791 of the Texas Local Government Code authorizes local government entities to enter into
Interlocal Agreements for the performance of governmental functions, including administrative
functions such as the inspection of oil and gas production operations and facilities.
The City and the Board have determined that the continuation of this Interlocal Agreement is in the
common interest of both parties and that the division of costs fairly compensates the performing party
for the services or functions to be provided under this agreement.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on
City funds.
TO Fund/Account/Centers
FROM Fund/Account/Centers
http://www.fortworthgov.org/council�acket/mc review.asp?ID=11778&councildate=5/19/2009 5/19/2009
IVI&C`Review
Submitted for City Manager's Office bv:
Karen Montgomery (6222)
Page 2 of 2
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
David Yett (7623)
Charlene Sanders (7611)
http://www.fortworthgov.org/council�acket/mc review.asp?ID=11778&councildate=5/19/2009
5/19/2009