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HomeMy WebLinkAboutContract 47149 (2)kECEIVED env t,t7f-774RETAItYly COM feusi. sis NO. CCT 0 2015 G11Y OF PORT WORTH CITYSECR [ARY INTERLOCAL AGREEMENT BETWEEN CITY OF COLLEGE STATION AND THE CITY OF FORT WORTH THIS AGREEMENT 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 "CFW"), acting herein by and through its duly authorized Assistant City Manager, and the CITY OF COLLEGE STATION (hereinafter referred to as "CCS"). WHEREAS this Agreement is made under the authority granted by and pursuant to Chapter 791 of the Texas Government Code; and WHEREAS, in 2015, the CCS, approved an amended oil and gas ordinance, Code of Ordinances, Chapter 4, Section 4-13 Oil and Gas Regulation, the CCS city engineer may retain an independent contract inspector (s) that serve(s) as the city oil and gas inspector(s). WHEREAS Chapter 791 of the Texas Government Code authorizes local government entities to enter into agreements for the performance of governmental functions, including administrative functions such as the inspection of oil and gas production operations and facilities; and WHEREAS the CFW and the CCS desire that the CFW perform such oil and gas inspection services at the CCS; and WHEREAS each governing body, in performing government functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS each governing body finds 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 1 CFW OBLIGATIONS § 1.01 The CFW shall: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 1. Provide all labor, materials, equipment, personnel, supervision and management for oil and gas well inspecting service at the CCS, pertaining to site inspection for each oil and gas location; 2. Make an oil and gas well inspector available on an "on -call" schedule, at the CFW's earliest reasonable availability; 3. Notify designated CCS personnel and well operator and driller personnel of emergencies known to the CFW; provided that the CFW shall not be required to provide emergency response services* 4. Provide general site inspections to commence as the drilling and completion operations starts on each pad site; 5. Carry out general site inspections annually: a. Compliance with CCS Ordinances, Chapter 4 Oil and Gas Exploration and production, Sections 4-13 as regards surface conditions, as amended; b. Compliance with the rules of the Texas Administrative Code (TAC) Title 16-Economic Regulation, Part 1-Railroad Commission of Texas, Chapter 3-0i1 and Gas Division, as amended; c. Onsite equipment conditions for damage, saltwater leaks and general maintenance; d. Impromptu check of tank contents for sour gas (H2S); e. Check for NORM (Naturally Occurring Radioactive Material); and f. Site conditions recognized as a potential public safety hazard. 6. Report hazardous or environmental conditions associated with surface contamination to designated CCS Engineer. 7. CFW shall report the inspection results directly to CCS, and CFW shall not be responsible for enforcing any of CCS's regulations or city code. ARTICLE 2 CCS OBLIGATIONS §2.01. The CCS shall provide: 1. Access to each pad site on a 24 hour, seven day a week basis; 2. A single point of contact for CFW who will coordinate with all involved CCS departments; 3. Relevant CCS staff list with title, name, phone, email and location map to office sites; 4. 24-hour emergency contact numbers and names for Oil and Gas Operators; 5. Location coordinates and attribute information for each pad site and well; and 6. File sharing as necessary to complete the scope of services; ARTICLE 3 FEES §3.01. The CCS shall pay: 1. An inspection fee of $1000 per new well, for each required new well inspection, per the ordinance* 2. An annual permit renewal inspection fee of $850 for each wellbore existing on January 1st of each calendar year; 3. Emergency overtime costs, eight (8) hour minimum, of $125 per hour, commencing at the time the inspector receives the call for onsite assistance from authorized CCS officials and 2 4. Reimbursement for the actual cost of travel to and from College Station including lodging, transportation and meals as allowed by CFW travel policy (Le. no reimbursement for alcohol or entertainment purchases). Cost of travel estimated at $300.00 for each visit that requires an overnight stay. §3.02. The fees schedule may be amended by mutual agreement of the CFW and The CCS. §3.03. The CFW shall submit invoices annually to the CCS, mailed on or about the 1st of February each year, or as necessary. Invoices shall be submitted to the City of College Station City Engineer, at the address indicated below. §3.04. Payment for CFW's services shall be due within 30 days from receipt of invoice. ARTICLE 4 TERM AND TERMINATION §4.01. This Agreement shall be effective when signed by the last party who's signing makes the Agreement fully executed and will remain in full force and effect until December 31, 2016. This Agreement shall renew for successive one-year terms automatically unless sooner terminated in accordance with the provisions of this Agreement. The conditions set forth below shall apply to the initial term and all renewals. Notwithstanding this provision, either party may modify or terminate this Agreement as provided herein. §4.02. Either Party may terminate this Agreement at any time for convenience, upon thirty (30) days written notice to the other Party ARTICLE 5 CLAIMS/WAIVER OF IMMUNITY §5.01. Notice of Claims. The parties agree to notify each other promptly upon the receipt of any claim or lawsuit brought in connection with any injury death or damages related to this Agreement. The parties agree to make their officers, agents, and employees available to each other at all reasonable times for any statements and case preparation necessary for the defense of any claims or litigation for which they may be responsible hereunder. §5.02. Governmental Immunity. It is expressly understood and agreed that, in the execution of this Agreement, neither of the parties waives nor shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. §5.03. No Third-Partv Causes of Action. Nothing herein shall be construed in any manner to create a cause of action for the benefit of any person not a party to this Agreement, or to create any rights for the benefit of any person not a party to this Agreement not otherwise existing at law. §5 04 Liability of Claims Nothing in the performance of this Agreement shall impose any liability for claims against the CCS other than claims for which liability may be imposed by the Texas Tort Claims Act. Nothing in the performance of this Agreement shall impose any liability for claims against the CFW other than claims for which liability may be imposed by the Texas Tort Claims Act. 3 ARTICLE 6 GENERAL PROVISIONS §6.01. Addresses for Notices. Any notice provided for or permitted under this Agreement shall be made in writing and may be given or served by (i) delivering the same in person to the party to be notified, (ii) depositing the same in the mail, postage prepaid, certified with return receipt requested, at the addresses shown below unless and until the Parties are otherwise notified in writing of a new address by any Party or (iii) sending by telecopy, with a copy thereof sent by registered mail on the same day. All notices required or permitted under this Agreement shall be personally delivered or mailed to the respective Parties by depositing same in the United States mail, postage prepaid. Mailed notices shall be deemed communicated as of five days after mailing. The CFW: City of Fort Worth Planning and Development Department Support Services Division Gas Drilling Section 1000 Throckmorton Street Fort Worth, Texas 76102 With copy to: Christa Lopez -Reynolds Sr. Assistant City Attorney 1000 Throckmorton Street Fort Worth, Texas 76102 The CCS: City of College Station City Engineer P.O. Box 9960 College Station, Texas 77842 (979) 764-5007 AGibbs(ivcstx.aov With copy to: City of College Station Legal Department P.O Box 9960 College Station, Texas 77842 The parties may from time to time change their respective addresses, and each to specify as its address any other address upon at least ten days written notice §6.02. Nondiscrimination. Neither the CFW nor the CCS, nor any of their agents, employees, program participants, or subcontractors, while engaged 4 shall have the right to the other party officers, members, in performing this Agreement, shall in connection with the employment, advancement, or discharge of employees, or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age, except on the basis of a bona fide occupational qualification, retirement plan, or statutory requirement. The CFW and the CCS agrees that in the execution, performance or attempted performance of this Agreement they will not discriminate against any person or persons because of gender, religion, color, sexual orientation, or national origin, nor will they permit their respective agents, employees, subcontractors or program participants to engage in such discrimination §6.03. No Partnership or Joint Venture. The CFW shall operate hereunder as an independent contractor and not as an officer agent, servant, partner or employee of the CCS. The CFW shall have the exclusive control of the work designated to be performed by it under this Agreement and all persons performing the same shall be solely responsible for the acts and omissions of their officers agents servants, contractors subcontractors and employees. Neither the CFW nor the CCS shall be responsible under the doctrine of respondent superior for the acts or omissions of the officers agents, servants, contractors subcontractors, or employees of the other party. §6.04. Force Maieure. If performance of any covenant or term of this Agreement is delayed by reason of war, civil commotion, act of god, governmental restrictions regulations, or interference, fire or other casualty, or any other circumstances beyond the CFW's or the CCS's control, or that of the party obligated or permitted under this Agreement to do or perform the term or covenant, regardless of whether the circumstance is similar to any of those enumerated or not, each party so delayed is excused from performance during the delay period. §6.05. Successors and Assigns. Subject to the limitations contained herein, the covenants, conditions and agreements made and entered into by the parties hereto are declared to be for the benefit of and binding upon their respective successors representatives and assigns, if any. §6.06. Severability. It is agreed that in the event any covenant, condition or provision of this Agreement is held to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall in no way affect any other covenant, condition or provision; provided, however, that the invalidity of any such covenant, condition or provision does not materially prejudice either the CFW or the CCS in connection with the rights and obligations contained in the valid covenants, conditions or provisions of this Agreement. §6.07. Applicable Laws. The laws of the State of Texas shall govern this license agreement and the relationship created hereby. Venue for any action brought to interpret or enforce, or arising out of or incident to, the terms of this agreement shall be in Tarrant County Texas. §6.08. No Individual Liability. To the extent allowed by law, no officer, agent, employee, or representative of any of the Parties shall be liable in his or her individual capacity nor shall such person be subject to personal liability arising under this Agreement. §6.09. Non -Liability for Other Parties Obligations. Costs and Attornev's Fees. Each Party hereunder shall only be responsible and liable for its own obligations costs, and attorneys fees in connection with the performance of this Agreement, or any dispute or litigation that may arise in connection with this Agreement. §6.10. Captions. The captions to the various clauses of this Agreement are for informational purposes only and shall not alter the substance of the terms and conditions of this Contract. 5 §6.11. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. §6.12. No Third Party Beneficiaries. The provisions of this Agreement are solely for the benefit of the Parties hereto; and nothing in this Agreement, express or implied, shall create or grant any benefit, or any legal or equitable right, remedy, or claim hereunder, contractual or otherwise, to any other person or entity. §6.13. Sole Agreement. This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding or written or oral agreements between the parties respecting the subject matter. EXECUTED this the (-) day of Or�lJ� 2015. CITY OF FORT WORTH By: Fernando Costa Assistant City Manager By: M. y Kayseil City Secretary APPROVED AS TO FORM AND LEGALITY UIAA By: YI/L6L/ Assistant City Attorney r?"76Dip Yam_ • -..::..:.: _�. � �a�� contract .. Author 4 Date 6 CITY • COLLEGE STATION Kelly E. Tem • n City Manager ATTEST: Ma • burn City Secretary APPROVED AS TO FORM AND •, E .ALITY • • OFFICIAL RECORD CITY SECRETARY FT, WORTH, TX M&C Review Page 1 of 2 [k Official site of the City of Fort Worth, Texas FORT WORTII c UNCIL ACTION: Approved on 10/13/2015 DATE: 10/13/2015 REFERENCE C-27506 LOG NAM NO.: CODE: C SUBJECT: E' INTERLOCAL AGREEMENT NON- PUBLIC CONSENT HEARING: Authorize Interlocal Agreement to Provide Gas Well Inspections and Related Services to the City of College Station (ALL COUNCIL DISTRICTS) 06CITY OF COLLEGE STATION TYPE: NO RECOMMENDATION: It is recommended that the City Council authorize an Interlocal Agreement with the City of College Station to provide gas well inspections and related services. DISCUSSION: In 2015, the City of College Station, Texas adopted oil and gas regulations which allow the city engineer to retain an independent contract inspector(s) that serve(s) as the city oil and gas inspector (s) Similar to Fort Worth's own regulations, College Station's code of ordinances provide for uniform limitations, safeguards, and requirements for drilling operations to protect the health, safety and general welfare of the public. The intent of these standards is to minimize the potential impact to property, protect the quality of the environment, and resources. Chapter 791 of the Texas Local Government Code authorizes local governmental entities to enter into Interlocal Agreements for the performance of the governmental functions, including administrative functions such as the inspection of oil and gas production operations and facilities. This Agreement authorizes the Gas Well Section of the City's Planning and Development Department to perform oil and gas inspections and related services in the City of College Station and establishes related fees. However, the Agreement specifically states that Fort Worth shall have no responsibility for enforcing College Station's regulations. The cities have determined that 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 of functions to be provided under this Agreement. It is anticipated that inspections at College Station will be possible with existing City of Fort Worth Staff. Any future resource enhancements will also be fully offset through appropriate fees. Annual inspections will generate approximately $14,000.00 in revenue, based upon 16 wells at $850.00 per well, and will require approximately 40 hours of inspection time per year. Travel and overnight stay will be reimbursed on an actual cost basis, with the estimated cost per visit being $300.00. Call out inspections are $1,000.00 per inspection with an eight -hour minimum, but this is estimated to occur no more than twice per year. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendation, funds will be available in the Fiscal Year 2016 Operating Budget, as appropriated, of the General Fund, Planning and Development Department for expenses associated with this Agreement. Estimated receipts are projected at $14,000.00 annually. TO 1 i http://apps.cfwnet.org/council_packet/mc_review.asp?ID=21504&councildate=l 0/13/2015 10/19/2015 M&C Review Fund FROM Fund Department ID Department ID Account Account P roject ID P roject ID Submitted for Citv Manager's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS P rogram P rogram Activity Activity Budget Year Budget Year Fernando Costa (6122) Randle Harwood (6101) Alondra Salas (2851) Tom Edwards (2314) Reference # (Chartfield 2) Reference # (Chartfield 2) Page 2 of 2 Amount Amount http://apps.cfwnet.org/council_packet/mc review.asp?ID=21504&councildate=10/13/2015 10/19/2015