The URL can be used to link to this page

Home My WebLink AboutContract 58194 CSC No. 58194 iNTERLOCAL AGREEMENT BETWEEN THE CITY OF BLUE MOUND,TEXAS AND THE CITY OF FORT WORTH,TEXAS THIS Interlocal Agreement ("AGREEMENT"} is by and between the City of Blue Mound, Texas, a Type A general law municipality with its principal office at 301 S. Blue Mound Road, Tarrant County,Texas, 76131, ("BLUE MOUND"), and the City of Fort Worth, a Texas home-rule municipality,with its principal office at 200 Texas Street, Fort Worth,Tarrant County,Texas 76102 ("FORT WORTH"). WITNESSETH: WHEREAS, the Texas Legislature has authorized the execution of Interlocal Cooperation Agreements between and among governmental entities pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as amended; and WHEREAS, each governing body, In performing governmental functions or in funding 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 performance of this AGREEMENT is in the common interest of both parties, that the undertaking will benefit the public and that the division of costs fairly compensates the performing party for the services or functions under this AGREEMENT, and WHEREAS, FORT WORTH and BLUE MOUND entered into that certain Agreement for Wastewater Service (Fort Worth City Secretary No. 49266) effective June 2, 2017 ("Wholesale Agreement"); and WHEREAS, the Wholesale Agreement provides that Fort Worth will accept Blue Mound wastewater at one or more designated points for a fee as established therein;and WHEREAS, Blue Mound has the responsibility to maintain its sanitary sewer lines within its defined city limits,including those that interconnect to the Fort Worth System(as thatterm is defined in the Wholesale Agreement); and WHEREAS, on or about August 22, 2022, a severe rain event caused damage to wastewater facilities maintained and operated by Blue Mound; and WHEREAS, Blue Mound does not have the ready capabilities to provide emergency services such as bypass pumping,around the damaged facilities; and WHEREAS, Blue Mound requested the services of Fort Worth to provide such emergency services,to capture and re-route Blue Mound wastewater such that it continues to flow into the Fort Worth System; and NOW THEREFORE, in consideration of the above recitals and the premises and OFFICIAL RECORD City of Fort Worth-City of Blue Mound--Emergency Sewer Services CITY SECRETARY FT.WORTH, TX 4 agreements, covenants and promises herein set forth, it is agreed as follows: Section 1. OBLIGATIONS OF BLUE MOUND A. BLUE MOUND shall reimburse Fort Worth for the costs of all emergency services associated with the failure of a BLUE MOUND aerial sanitary sewer crossing. Those emergency services includes but are not limited to: a. By-pass pumping BLUE MOUND's wastewater into FORT WORTH's system b. Pumping contaminated water from Little Fossil Creek downstream of failed aerial crossing into FORT WORTH's system. c. installing temporary sanitary pipe to restore BLUE MOUND's aerial sanitary sewer crossing, until such time that a permanent replacement can be performed, which work shall be undertaken by Blue Mound as quickly as possible. d. Costs are documented in Attachment A -- totaling $45,505.04, including labor, equipment,and material costs for the above referenced activities performed by Fort Worth Utility staff. e. Reimbursement of costs documented in Attachment A shall be within 30 days of receipt of invoice. B. BLUE MOUND agrees to compensate FORT WORTH for unmetered sewage during the interruption of metering due to the failed aerial sanitary sewer crossing,which shall be incorporated into Blue Mound's monthly wastewater Invoices; Section 2. OBLIGATIONS OF FORT WORTH A. FORT WORTH will construct BLUE MOUND's aerial crossing as required to move wastewater to the existing wholesale wastewater meter,with the understanding that Blue Mound will replace this temporary piping with an engineered permanent installation in the near future. FORT WORTH will not be responsible or assume liability for the performance of the temporary aerial crossing needed to suspend bypass pumping operations. B. FORT WORTH will continue by-pass pumping BLUE MOUND's wastewater into FORT WORTH's system until the temporary aerial crossing has been installed. C. FORT WORTH shall use average three year billing to determine BLUE MOUND's wastewater service for sewage by-passed for the period of August 22,2022 through September 6, 2022, the date that the temporary aerial sanitary sewer crossing was in place and bypass pumping operations ceased. Section 3. OTHER TERMS OF AGREEMENT C. A. NOTICES. Formal notices provided for herein may be delivered to BLUE MOUND and/or FORT WORTH via electronic communication or, if sent by mall, shall be addressed to BLUE MOUND and/or FORT WORTH at their respective principal office addresses of the parties as indicated below: BLUE MOUND: City of Fort Worth-City of Blue Mound—Emergency Sewer Services Page 2 of 6 City of Blue Mound 301 S. Blue Mound Rd. Blue Mound,Texas 76131 Attention: Mayor FORT WORTH: City of Fort Worth 200 Texas Street Fort Worth,Texas 76102 Attention: Roy Taal Assistant Director, Field Operations Division, Water Department Roy.Teal@fortworthtexas.gov B. IMMUNITY, It is expressly understood and agreed that, in the execution of this AGREEMENT, no party waives, nor shall be deemed hereby to waive, any governmental or sovereign immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. Neither party is acting as a subcontractor, agent, or employee of the other.The doctrine of respondeat superior shall not apply. C. SEVERABILITY. if any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants or conditions of this AGREEMENT are for any reason held to be invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, or conditions in this AGREEMENT shall remain in full force and effect and shall in no way be affected, impaired or invalidated. D. GOVERNING LAW. The validity of the AGREEMENT and of any of its terms or provisions, as well as the rights and duties hereunder, shall be governed by the laws of the State of Texas. E. PLACE OF PERFORMANCE. In the event that any legal proceeding is brought to enforce this AGREEMENT or any provision hereof, the same shall be brought in Tarrant County,Texas. F. ENTIRE AGREEMENT. This AGREEMENT contains all the terms, commitments and covenants of the parties for this AGREEMENT. Any verbal or written commitment not contained In this AGREEMENT or expressly referred to in this AGREEMENT and incorporated by reference shall have no force or effect. This AGREEMENT may be executed in multiple I counterparts,each,when taken collectively,shall be deemed to form an original,whole document. k City of Fort Worth-City of Blue Mound—Emergency Sewer Services Page 3 of B 3 i ACCORDINGLY, the parties acting under authority of their respective governing bodies have caused this AGREEMENT to be duly executed, to be effective upon the date subscribed by the last party to make this AGREEMENT fully executed. CITY OF FORT WORTH CITY OF BLUE MOUND 15aW_L5=L�) y 1�0_1 By: Dana Burghdoff( t4,202 1:48 CDT) By; Zj V,44X W,,/ (� 7 Dana Burghdoff Assistant City Manager Mayor Date: Date: � � ATTEST: ATTEST: By: J ette&Gooda H(Oct 4,202220:0 DT) B\l Jannette S. Goodall ] City Secretary City 5ecre ry (CITY'S. SEAL) (AUTHORITY'S SEAL) a �,00�°F OR T�� d 0 P~ ° °��d �vo °=d d °000 ICY 00000 ICY ,- Asap i OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth-City of Blue Mound—Emergency Sewer Services Page 4 of 6 E Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. R Tea(Sep 30,2022 08:12 CDT) Name: Roy Teal Title:Assistant Director APPROVED AS TO FORM and Legality Approved as to Form and Legality �I Diilack(Oct 3,2022 12:02 CDT) Douglas W Black Name: Sr.Assistant City Attorney City Attorne i I I { i OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth-City of Blue Mound--Emergency Sewer Services Page 6 of 6