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HomeMy WebLinkAboutContract 63197CSC No. 63197 INTERLOCAL AGREEMENT BETWEEN THE CITY OF FORT WORTH, TEXAS AND THE TRINITY RIVER AUTHORITY OF TEXAS STATE OF TEXAS § COUNTY OF TARRANT § This nterlocal Agreement (Agreement) is made and entered into as of the A-'3 r_� day of 2025, by and between the Trinity River Authority of Texas, a conservation and r lamation district (Authority) with its principal office at 5300 South Collins Street, Arlington, Tarrant County, Texas 76018, and the City of Fort Worth, a Texas home -rule municipal corporation, with its principal office at 100 Fort Worth Trail, Fort Worth, Tarrant County, Texas 76102 (City). The Authority and City are singularly and collectively referred to as a "Party" and "Parties," respectively. WITINESSETH: WHEREAS, the Texas Legislature has authorized the execution of Interlocal Cooperation Agreements between and among governmental entities pursuant to the Interlocal Cooperation Act, Texas Government Code Chapter 791; and WHEREAS, the Authority owns and operates the Central Regional Wastewater System (CRWS); and WHEREAS, the City owns and operates the Village Creek Water Reclamation Facility (VCWRF) that receives and processes wastewater from the City and its customers; and WHEREAS, the Authority is authorized to only treat and dispose of the Authority's municipal sewage sludge, currently meeting Class A biosolids requirements; and WHEREAS, the City is authorized to only treat and dispose of the City's municipal sewage sludge; and WHEREAS, the Authority currently contracts with a third -party, Renda Environmental Incorporated (REI), for the processing of Class A/B biosolids via lime stabilization at the CRWS Treatment Plant; and WHEREAS, the City desires, through an independent contract with REI, to transport the City's sewage sludge, on an as -needed basis, to the CRWS Treatment Plant for processing to Class A/B biosolids requirements; and WHEREAS, the City will maintain ownership and control of all VCWRF sewage sludge through their contract with REI, and will ensure proper disposal of all sludge, waste, biosolids, and all other byproducts in accordance with the City's Texas Pollutant Discharge Elimination Systems permit; and WHEREAS, water and wastewater testing are critical to the maintenance of public health and such testing is therefore, a governmental function and service; and OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX WHEREAS, the City will maintain all regulatory testing requirements of the VCWRF sewage sludge in accordance with the City's Texas Pollutant Discharge Elimination Systems permit; and WHEREAS, the Authority will allow for the processing of Village Creek Water Reclamation Facility sewage sludge at the CRWS Treatment Plant; and WHEREAS, the governing bodies of the Parties believe that this Agreement is necessary for the benefit of the public and that each Party has the legal authority to provide governmental function as described in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the Authority and City agree as follows: ARTICLE I AUTHORITY SERVICES The Authority shall: (A) Provide City, through City's third -party contractor REI, access to the Central Regional Wastewater Systems lime stabilization operations area between the hours of 4:OOAM — 3:OOPM; (B) Provide chemical lime to REI for use on behalf City; (C) Upon request, provide sewage sludge analysis for pH and fecal coliform (MPN) only; and (D) Maintain compliance with each of the Authority's Texas Pollutant Discharge Elimination Systems permit. The Authority shall not comingle sewage sludge produced by the CRWS Treatment Plant with that of the Village Creek Water Reclamation Facility. ARTICLE II CITY'S RESPONSIBILITIES Under this Agreement, the City agrees to the following: (A) The City shall not store sewage sludge at the CRWS Treatment Plant for more than 24 hours prior to further processing to meet the VCWRF's Texas Pollutant Discharge Elimination System permit. (B) The City shall not store lime stabilized Class A/B biosolids at the CRWS Treatment Plant for more than 48 hours prior to off -site disposal in accordance with the VCWRF's Texas Pollutant Discharge Elimination System permit. 2 (C) Requests for additional onsite storage time from the Authority must be approved by the Authority in writing. (D) The City shall be limited to sending 20 truckloads of sewage sludge daily from the VCWRF to the CRWS Treatment Plant. (E) The City shall provide all sampling services to ensure compliance with the VCWRF's Texas Pollutant Discharge Elimination System permit. (E) The City and its third -party contractor, REI, shall not comingle sewage sludge produced by the VCWRF with that of the CRWS Treatment Plant. ARTICLE III VILLAGE CREEK WATER RECLAMATION FACILITY'S SEWAGE SLUDGE OWNERSHIP It is agreed and understood by the Parties that the City shall at all times bear full legal and regulatory responsibility for the VCWRF's sewage sludge. It is further agreed and understood that the Authority does not and shall not assume any liability whatsoever for regulatory compliance for any VCWRF's sewage sludge at the CRWS Treatment Plant. All products produced by the VCWRF shall be and remain City's property. The Authority disclaims any rights, ownership, or otherwise over any product produced by or at the VCWRF. ARTICLE IV COMPENSATION City agrees to commit funds to defray necessary costs associated with the operational support of the processing of VCWRF sewage sludge at the CRWS Treatment Plant. The City shall pay the Authority $1,000 per day for each day it sends sewage sludge from VCWRF to the CRWS Treatment Plant. Both parties agree that compensation hereunder shall cover maintenance, road usage, electric, water, and security costs. City shall pay for any requested testing separate from the aforementioned payment in accordance with Attachment A. The City shall pay for the actual cost of chemical lime used by REI on behalf of City to treat sewage sludge produced by the Village Creek Water Reclamation Facility. Such payment for the chemical lime shall be billed to and paid directly by REI. The Authority shall submit invoices on a monthly basis to the City. City shall pay such invoices with 30 days of receipt. ARTICLE V TERMINATION Notwithstanding anything herein to the contrary, participation in this Agreement may be terminated by any party upon 30 days' written notice to the other Party. ARTICLE VI NOTICES All notices or communications provided for herein shall be delivered to Authority and City or, if mailed, shall be sent to Authority and City at their respective addresses. For the purpose of notices, the addresses of the Parties, until changed by written notice, shall be as follows: Authority: City: Trinity River Authority of Texas 5300 South Collins Arlington, Texas 76018 Attention: Matthew S. Jalbert, P.E. Executive Manager, Northern Region City of Fort Worth Water Department 100 Fort Worth Trail Fort Worth, TX 76102 Attention: Chris Harder, P.E. Water Director ARTICLE VI DEFAULT In the event that either City or the Authority shall breach or fail to perform any of the provisions of this Agreement, the aggrieved Party shall promptly notify the other Party of the breach or failure to perform ("Default Notice"). In the event such breach or failure to perform is not cured within 30 days after the receipt of such notice, the Party sending the notice, at its discretion, may notify the other Party of its intention to declare this Agreement terminated. Upon receipt of such notice the violating Party shall have 30 days to cure such violation or if the violation cannot reasonably be cured in 30 days, such longer time as is reasonably required not to exceed 90 days if within 15 days of receiving the notice the defaulting Party commences to cure the default and thereafter continuously and diligently pursues the cure prior to final action by the other Party declaring this Agreement terminated. No failure on the part of either Party to this Agreement to require the performance by the other Party of any provision of this Agreement shall in any way affect either Party's right to enforce such provision, nor shall any waiver by either Party be held to be a waiver of any other provision. No rights under this Agreement may be waived and no modification or amendment to this Agreement may be made except by written amendment executed by the Parties. 4 ARTICLE VIII CAPTION The captions to the various clauses of this Agreement are for informational purposes only and in no way alter the substance of the terms and conditions of this Agreement. ARTICLE IX 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 immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied other that those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. ARTICLE X INDEMNIFICATION To the extent allowed by law and subject to and without waiving any defenses or immunities under Texas law, the Authority and the City do hereby release, indemnify, and hold each other and their respective officials, agents, and employees, in both their public and private capacities, harmless from any and all liability, claims, costs and expenses arising out of the performance of this Agreement due to their own respective negligence or that of their officials, officers, and employees. Nothing contained in this section shall require the City to create a sinking fund. ARTICLE XI 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. ARTICLE XI 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. 61 ARTICLE XIII ASSIGNMENT The Parties understand and agree that this Agreement may not be assigned without the express written consent of other Party except to a successor entity created by law to take over substantially all of the functions for which a Party now has responsibility. ARTICLE XIV PLACE OF PERFORMANCE All amounts due under this Agreement, including damages for its breach, shall be paid in Tarrant County, Texas, said Tarrant County, Texas, being the place of performance as agreed to by the Parties to this Agreement. 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. ARTICLE XV CURRENT REVENUES The Parties hereto shall make payments called for hereunder only from current revenues legally available to each Party. ARTICLE XVI FORCE MAJEURE In the event that the performance by the Parties hereto of any of the Parties' obligations or undertakings hereunder shall be interrupted or delayed by an occurrence beyond the reasonable control of that Party (the "Affected Party") and not occasioned by the conduct of or the failure to take action by either Party hereto, whether such occurrence be an act of God or the common enemy or the result of war, riot, civil commotion, sovereign conduct or the act or conduct of any person or persons not party or privy hereto ("Force Majeure Event"), then the Parties shall be excused from such performance for such period of time as is reasonably necessary after such occurrence to remedy the effects thereof. Notwithstanding the preceding sentence, economic conditions that render a Party's performance of this Agreement unprofitable or otherwise uneconomic will not be a Force Majeure Event. Additionally, the Affected Party: (A) shall give prompt notice to the other Party of any Force Majeure Event; (B) use its best efforts to mitigate the effects of such Force Majeure Event as promptly as reasonably practicable; (C) furnish weekly reports to the other Party regarding the progress in overcoming the adverse effects of such event or circumstance of the Force Majeure Event; and (D) resume the performance of its obligations under this Agreement as soon as is reasonably practicable after the Force Majeure Event is remedied or ceases to exist. 0 ARTICLE XVII STATE OR FEDERAL LAWS, RULES, ORDERS, OR REGULATIONS This Agreement is subject to all applicable federal, state, and local laws and any applicable ordinances, rules, orders, and regulations of any local, state, or federal governmental authority having or asserting jurisdiction. Nothing contained herein shall be construed as a waiver of any right to question or contest any such law, ordinance, order, rule, or regulation in any forum having jurisdiction, and each Party agrees to make a good faith effort to support such proposed laws and regulations which would be consonant with the performance of this Agreement in accordance with its terms. ARTICLE XVIII ENTIRE AGREEMENT This Agreement contains all the terms, commitments, and covenants of the Parties pursuant to 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. No amendment, modification or alteration of the terms hereof shall be binding unless the same is in writing, dated subsequent to the date hereof and duly executed by the Parties. ARTICLE XIV REMEDIES All remedies provided for in this Agreement are in addition to, not in substitution of, all remedies of the Parties at law or in equity. All remedies are intended to be cumulative, and a Party to this Agreement may pursue the remedies provided for in this Agreement and all remedies at law or in equity at the same time. ARTICLE XV TERM OF AGREEMENT This Agreement shall become effective on the day and year first written above (the "Effective Date"), and shall continue in full force and effect for one year. IN WITNESS WHEREOF, the Parties hereto acting under authority of their respective governing bodies have caused this Agreement to be duly executed in several counterparts, each of which is deemed to be an original and as of the day and date written above. [SIGNATURES ON THE FOLLOWING PAGE] 7 CITY OF FORT WORTH cpl�- - -1 Jesica McEachern Assistant City Manager q4 nnb ATTEST: f...o Od Fo ° tt OVo g=d * °°° JaCnnette Goodall, City Secretary (SEAL) APPROVED AS TO FORM: Douglas Black (Apr 16, 2025 13:24 CDT) Douglas W. Black Sr. Assistant City Attorney Christopher HaFder (Apr 15, 2025 15:22 CDT) TRINITY RIVER AUTHORITY OF TEXAS EVIN`WARD General Manager ATTEST: ArEXIS S. (O S /cretarey Board of Directors (SEAL) 0111111111111 PQTHo 4 Q. m By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including all performance and reporting requirements. Christopher Hafder (Apr 29, 2025 15:08 CDT) $ OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Attachment A REGULATORY SERVICES AND COMPLIANCE FEE SCHEDULE WN LABORATORY ANALYSES, INDUSTRIAL INSPECTIONS AND INDUSTRIAL SAMPLING FISCAL YEAR 2025 December 1, 2024 through November 30, 2025 NELAP CERTIFICATE T104704287-10-TX CHEMICAL ANALYSES Parameter 20 4 2025 Parameter 2024 2025 Coliform - Fecal - MPN $56.15 $48.12 H —Solids *** (**�) p ( ) $20.83 $20.21 GENERAL SERVICE INFORMATION Effective Date: December 1, 2024. All prices listed are per sample and subject to review. 2. All analyses are performed in accordance with "Standard Methods for the Examination of Water and Wastewater," 201h Edition, 1998 or most recently approved and/or EPA "Manual of Methods for Chemical Analysis of Water and Wastes," 1983 and the "3rd Edition of Solid Waste Manual SW 846." 3. Prices include charges required to maintain the normal quality assurance program. 4. Sample analysis Turn -Around -Time (TAT) day count begins on the next business day after the sample is submitted. Every attempt will be made to meet requested TAT, however should samples submitted for Rush TAT fail to be reported within the stated time frame but still meet Priority TAT, charges will be adjusted to reflect the lower Priority TAT Fee. Turnaround Time Time Frame* Cost (TAT) Rush :55 business Routine Fee X days 2 Priority :59 business Routine Fee X 1 days 1.5 Standard :515 business Routine Fee days *business days excludes weekends and TRA holidays 5. The Laboratory will follow instructions as stated on the Chain -of -Custody submitted with samples. The Customer may be contacted by the lab representative on any variance issues and written instruction may be requested concerning the variance. 6. For EPA624 VOC 3-day analysis, do not lower the pH of the sample. 7. Sampling supplies will be provided upon request at a reasonable charge. Bacteriological sampling supplies are included in the cost of analyses. 8. Samples other than bacteriological samples should be delivered to the laboratory before 4:00 p.m. on weekdays. Samples cannot be accepted on weekends or holidays unless special arrangements are made in advance. Bacteriological samples should be delivered prior to 2:00 p.m. unless special arrangements are made in advance. For after -hour samples, please call and arrange for leaving in cold storage vault with analyses request form. 10 9. A monthly invoice for completed analyses is mailed the following month. 10. Laboratory Services hours are Monday through Friday 7:00 a.m. to 4:30 p.m. To contact the lab about emergency samples, use the contact number(s) below. 11. Environmental Services office hours are Monday through Friday, 7:00 a.m. to 4:00 p.m. For after -hour emergencies, leave a message with computer operator or use the contact numbers below. 12. Environmental Services are requested to be scheduled a minimum of 72 hours in advance. 13. Laboratory Certificate Number T104704287-10-2. FOR MORE INFORMATION, CONTACT: METRO: (972) 263-2261 FAX: (972) 975- 4414 JOSEPH K. FIELDING Manager, Regulatory Services and Compliance 972-975-4374 JENNIFER WHITAKER Manager, Laboratory Services 972-975-4333 11 Attachment B CHAIN OF CUSTODY PROCEDURES Sample Collection and Shipment All samples should be handled by the minimum possible number of persons. 2. Stream and effluent samples shou[d be obtained using standard field sampling techniques and preservation procedures. 3. Chain -of -Custody sheets should be attached to each sample at the time of collection. Sample containers must be appropriate for requested testing with legible labels and appropriate preservation. The tag or sheet contains basically laboratory (requested parameters) information; however, certain identifying items including city, city code, contact name and phone number, type sample matrix, material sampled, and method of preservation must be completed by the field personnel collecting the sample. In completing the chain -of -custody tag or sheet, care should be utilized to ensure that all necessary information is correctly and legibly entered onto the form. A black ballpoint pen with waterproof ink should be used at all times. 4. During shipment, samples should be appropriately cooled. The Authority laboratory technician receiving the sample will check the temperature. Transfer of Custody and Storage All samples should be handled by the minimum possible number of persons. 2. All incoming samples shall be received by the laboratory technician, or their alternate, and logged into a database. Information to be entered into the database shall include the client sample number, date received, source, times sampled, dates sampled, analyses requested and chain -of -custody comments. 3. Promptly after logging, the custodian technician will distribute the sample to an analyst or place the sample in the secure sample vault, which will be locked at all times except when samples are removed or returned by analysts. The sample will be tracked internally in the laboratory. 4. Samp[es shall be kept in the sample storage security area at all times when not actively being used by analysts, such as during overnight absences. The technician shall ensure that heat sensitive samples, or other sample materials having unusual physical characteristics or requiring special handling, are properly stored and maintained. 5. A log of sample removal and replacement will be kept in the secure sample vault and retained as a permanent record of the laboratory. The original chain -of -custody and a sample evaluation/variance record shall be furnished by the laboratory to the appropriate Customer control point as part of the final data report. 12