HomeMy WebLinkAboutContract 42108 STATE OF TEXAS §
COUNTIES OF TARRANT § CITY $ECRETARY4a
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DENTON, PARKER CN` ►CT
AND WISE §
MEMORANDUM OF AGREEMENT
THIS MEMORANDUM OF AGREEMENT ("MOA") is entered into by and between the
City of Fort Worth, Texas, a home-rule municipal corporation situated in Tarrant, Denton, Parker
and Wise Counties, Texas, hereinafter called "City," acting herein by and through Fernando Costa,
its duly authorized Assistant City Manager, and Tarrant Regional Water District, hereinafter called
"District", acting herein by and through, its duly authorized Director of Environmental Services.
City and District are collectively referred to herein as the "Parties".
WITNESSETH :
WHEREAS, on August 28, 2001, the City Council authorized the City Manager to execute
all necessary documents to purchase property located at 301 N.E. 6`h Street, known as Technicoat
(M&C L-13134);
WHEREAS, the property is subject to the amended Texas Natural Resource Conservation
Commission, now the Texas Commission of Environmental Quality, agreed order docket No. 98-
0723-IHW-E("Agreed Order");
WHEREAS, in the contract of sale of the Technicoat property, the City agreed to satisfy
the requirements of the Agreed Order, specifically the payment of the remaining administrative
penalties;
WHEREAS, the City has also worked to satisfy TCEQ's environmental requirements of
the Agreed Order;
WHEREAS, the District now owns Technicoat in fee and has requested that the City pay
the administrative penalty to satisfy the Agreed Order pursuant to the contract of sale; and
WHEREAS, the City is amenable to pay the administrative penalty up to the amount of
$45,000 as authorized by the City Council (M&C G-17313).
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Jas- 11 — I
NOW THEREFORE, for and in consideration of the mutual covenants contained herein,
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged and confessed, the Parties hereto agree as follows:
1. Administrative Penalty
The City hereby agrees to pay the administrative penalty related to the Agreed Order in the
amount of $45,000 as shown on Exhibit A. In consideration of such payment, the District
agrees and acknowledges that the City shall have no other duty to fulfill either financially or by
performance, any requirement related to the Agreed Order and Technicoat.
2. Discharge,Release and Hold Harmless
Upon payment of the administrative penalty in the amount of $45,000, the District hereby
forever discharges and releases the City from any and all claims, liabilities and orders related to
Technicoat or the former Technicoat property.
3. No Third-Party Beneficiaries
This MOA shall inure only to the benefit of the Parties hereto and third persons not privy
hereto shall not, in any form or manner, be considered a third party beneficiary of this MOA.
Each Party hereto shall be solely responsible for the fulfillment of its own contracts or
commitments.
4. Assignabilitv
Neither the City nor the District may assign this Agreement without the written consent of
the other Party.
5. Entirety
This MOA and all attachments incorporated herein by reference constitute the entire MOA
by the Parties and any prior or contemporaneous oral or written agreements shall be replaced
or superseded by this MOA.
6. Severability
In case any one or more of the provisions contained in the MOA shall for any reason be held
to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision of this MOA, and this MOA shall be
construed as if such invalid, illegal, or unenforceable provisions had never been contained
herein.
Technicoat MOA Paoc 2 46
7. Venue
This MOA shall be construed under and in accordance with the laws of the State of Texas,
and the venue for any litigation arising from this MOA shall be in Tarrant County, Texas.
8. Notices
Any notices (unless otherwise specified herein), bills, invoices or reports required by this
MOA shall be sufficient if sent by the Parties in the United States mail, postage paid, to the
address noted below:
If to City: City Manager's Office
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
Copy to: City Attorney's Office
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
If to District: Woody Frossard
Tarrant Regional Water District
800 E. North Side Drive
Fort Worth, Texas 76102
Copy to: Lee F. Christie
Pope, Hardwicke, Christie, Schell, Kelly & Ray, L.L.P.
306 W. 7th St., Suite 901
Fort Worth, Texas 76102-4995
9. Governmental Powers
By execution of this MOA neither the City nor the District waive or surrender any of their
respective governmental powers, immunities, or rights. Nothing in this section shall waive
any claims, defenses, or immunities that the parties may have against suit.
EXECUTED in triplicate in, on or about in Tarrant County, Texas.
CITY OF FORT WORTH TARRANT REGIONAL WATER DISTRICT
Fernando Costa BY: W y rossard
rechnicoat N10A Page A of 6 OFFICIAL RECiOM
CITY SECRETARY
FT. WORTH, TX
ASSISTANT CITY MANAGER ITS: DIRECTOR OF ENVIRONMENTAL SERVICES
DATE: S101e DATE: 19 a
APPROVED AS TO FORM AND LEGALITY
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Technicnat NIDA Pai*c 4 of 6
EXHIBIT A
TCEQ Invoice
Technicom RIOA Pm-,c 5 of 6
AMMAN
TEXAS COMMISSION ON COMPANY: TECHNICOAT INC
ENVIRONMENTAL QUALITY INVOICE ACCOUNT: 23700999
IRISH
DETACH BOTTOM PORTION AND RETURN WITH PAYMENT-KEEP TOP PORTION FOR YOUR RECORDS- PAGE 1
ACCOUNT NO. INCLUDES PAYMENTS THROUGH: COLL COST RECOVERY LATE FEES BALANCE DUE
23700999 APR08,11 0.000.00 45,000.00
INVOICE DATE INVOICE NO. DESCRIPTION AMOUNT BALANCE
MAY12, 10 WDV9999059 DOCKET# 980723IHWE E AT C 45,000.00 45,000.00
PER 1998 AGREED ORDER DU 1
Please return coupon with payment. For questions concerning this fee, please
call 512-239-5136 or 512-239-0355. 45,000.00
See REVERSE SIDE for Explanation of Charges and TCEQ Contact Telephone Numbers. PLEASE PAY THIS AMOUNT 'r'r"*-
TCEQ VIPP Form AR41A 02-77-2011
INCLUDE ACCOUNT NUMBER ON CHECK
APR08, 11
DETACH THIS PORTION AND RETURN WITH ACCOUNT NO. BALANCE DUE
CHECK OR MONEY ORDER PAYABLE TO: 23700999 45 , 000 . 00
z'- TEXAS COMMISSION ON CHECK HERE IF YOUR ADDRESS HAS CHANGED.
NINE
ENVIRONMENTAL QUALITY PLEASE INDICATE ADDRESS CHANGE ON BACK
INVOICES NOT PAID WITHIN
30 DAYS OF INVOICE DATE WILL
ACCRUE PENALTIES
TECHNICOAT INC
C/O CITY OF FORT WORTH
1000 THROCKMORTON ST 0023700999 0033025 00045000000430112
FORT WORTH TX 76102
PAYMENT INFORMATION
INVOICES NOT PAID BY DUE DATE WILL ACCRUE PENALTIES
DETACH PAYMENT COUPON FROM BOTTOM OF FORM AND RETURN WITH PAYMENT IN THE ENVELOPE ENCLOSED.
71
Your check,certified check or money order should be made payable to the Texas Commission on Environmental Quality.Please include your
account number on your check to ensure that payment is properly credited.You may also pay this account in full by credit card or electronic check
using the following internet address: www.tceg.texas.poy/epay/
If you think your billing is wrong,or if you need more information about a transaction,please address your questions to:
Texas Commission on Environmental Quality
Financial Administration Division,MC-214
P.O.Box 13088
Austin,Texas 78711-3088
In your correspondence,please give us the following information:
1.Your name and account number 3.The date and reference number of the transaction(s)in question
2.The dollar amount of the suspected error 4.Description of the suspected error
The payment due date is 30 days from the invoice date Penalty and interest charges assessed will be adjusted for fees not due Failure to
pay by the due date may result in return or denial of applications for licenses permits registrations and certifications
*** For technical questions,please call the telephone number on the front of bill.For accounting questions,please call: ***
Petroleum Storage Tank Fees (UST&AST)---------------------- --_-.512/239-0366
------------------------------------------------------------
(HWG,NWG,HWF,NWF,RLA)---------------------------------------------------------------512/239-0365
Waste Fees (SWD,WMS,WSS)------------------------------------------------------------------------------ 512/239-0366
(WMB,BLP,SDP)--------------------------------------------------------------------------------512/239-0344
(TOX,VCP,ILP)---------------------------------------------------------------------------------- 512/239-0355
(GPS,GPW,CWQ,WQA,WWI,WWIR,WUF)---------------------------------------------512/239-0344
Water Fees
(CRW,RGR,STX)--------------------------------------------------------------------------------512/239-0343
(PFS,WTR)----------------------------------------------------------------------------------------512/239-0343
(PHS)------------------------------------------------------------------------------------------------512/239-0366
AirFees (AEF,EIF)------------------------------------------------------------------------------------------512/239-0343
Admin Penalties (CAV,DCP,WDV,WQV,QWV)---------------------------- --- -- - 512/239-0355 or 512/239-5136
DryCleaning Fees (DCR)----------------------------------------------------------------------------------------------- 512/239-0365
TCEQ VIPP FORM AR41A1 02-17-2011
EXPLANATION OF CHARGES
The basis for each charge is identified by the facility,permit,application or other appropriate activity. The state fiscal year(FY)and the quarter of the
year(QTR)to which the payment will be credited are shown where applicable. Delinquent fees are subject to a penalty of 5%per month for the first
two months after the due date,after which an interest charge for CY 2011 of 4.25%per annum will be assessed. Delinquent administrative penalties
are assessed interest charges at a rate of 6%per annum beginning 30 days after the due date.
In accordance with Government Code 2107.003(d),collection costs up to 30%may be assessed
TCEQ understands the account party may be a debtor in a pending bankruptcy proceeding.The portion of this invoice,if any,that represents pre-petition
fees due is sent for informational purposes only and is not an attempt to recover a claim against the debtor.TCEQ will file an appropriate proof of claim
with the bankruptcy court for such pre-petition fees.Any post-petition fees due and owing as shown on this invoice should be paid in accordance with
this invoice.
IMPORTANT: TO CHANGE A PLEASE INDICATE BILLING ADDRESS CHANGE BELOW
BILLING ADDRESS FOR A GPS
OR GPW FEE(SEE INVOICE
DESCRIPTION ON FRONT SIDE), Address:
CALL 512/239-4671 FOR GPW&
CALL 512/245-0130 OR EMAIL City:
S WPERMIT@TCEQ.TEXAS.GOV
FOR GPS State&Zip Code:
Phone:
FAX:
TEXAS COMMISSION ON (Note: NAME CHANGE MUST BE SUPPLIED IN WRITING)
ENVIRONMENTAL QUALITY
PO BOX 13089
AUSTIN TX 78711-3089
M&C Review Page 1 of 2
official site of the City of Fort Worth,Texas
FORT WORTH
CITY COUNCIL AGENDA y`�
COUNCIL ACTION: Approved on 7/12/2011 -Ordinance Nos. 19745-07-2011 & 19746-07-2011
DATE: 7/12/2011 REFERENCE NO.: **G-17313 LOG CME: 20TECHNICOAT
CODE: G TYPE: CONSENT PUBLHEARING: NO
SUBJECT: Authorize Execution of Memorandum of Agreement Between the City and Tarrant
Regional Water District for the Payment of a Penalty to the Texas Commission on
Environmental Quality in the Amount of$45,000.00 to Finalize the Agreed Order
Associated with 301 NE 6th Street and Adopt a Supplemental Appropriation Ordinance
Increasing Appropriations in the Environmental Protection Operating Fund by $45,000.00
and Decreasing the Unaudited, Unreserved, Undesignated Environmental Protection
Operating Fund Balance by the Same Amount and Authorize the Transfer of Funds
from the Environmental Protection Operating Fund to the Environmental Protection
Project Fund (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the Execution of Memorandum of Agreement between the City and Tarrant Regional
Water District for the Payment of a Penalty to the Texas Commission on Environmental Quality in the
Amount of$45,000.00 to Finalize the Agreed Order Associated with 301 NE 6th Street;
2. Adopt the attached supplemental appropriation ordinance increasing appropriations in the
Environmental Protection Operating Fund by $45,000.00 and decreasing the unaudited, unreserved,
undesignated fund balance by the same amount;
3. Authorize the transfer of$45,000.00 from the Environmental Protection Operating Fund (R103) to
the Environmental Protection Project Fund (R101);
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Environmental Protection Project Fund (R101) in the amount of$45,000.00; and
5. Authorize the Can an Agreed Order associated City Manager to pay a penalty to the Texas ' with the Former
on on al Quality,
in
m the amount $45,000.00 for settlement of
Technicoat property located at 301 NE 6th Street.
DISCUSSION:
The former Technicoat property located at 301 NE 6th Street was purchased by the City on
November 2, 2001 as authorized by City Council (M&C L-13134 on August 28, 2001). A requirement
of this purchase was that the City satisfy the terms set forth in the Agreed Order between Technicoat
Operating, Inc., Felton Havins, Sr., and the Texas Natural Resource Conservation Commission.
Since 2001, the City has worked with the Texas Commission on Environmental Quality (TCEQ)
regarding the technical aspects of the Agreed Order. The property has been assessed for
environmental impacts to both groundwater and soil. In late 2010, the TCEQ agreed that the technical
aspects of the Agreed Order had been satisfied. The only remaining action is to pay the penalty
associated with the Agreed Order in the amount of$45,000.00.
The land was sold to the BLG Northside Development, LP, on August 16, 2007 who subsequently
sold the land to the Tarrant Regional Water District (TRWD) on June 28, 2010. The City's contractual
obligations to Mr. Havins, Sr. regarding the Agreed Order have remained through the property
transactions. However once the penalty is paid to TCEQ, the TRWD will take over any future
l,tt„•//anrn_cfwnet.orp-/council packet/mc_review.asp?ID=15248&councildate=7/12/2011 8/10/2011
M&C Review Page 2 of 2
environmental actions at the property. The Memorandum of Agreement shall stipulate that upon
receipt of the $45,000.00 to TCEQ, the City shall have no further obligation related to the property
either to TRWD or to TCEQ.
The project is physically located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations and adoption of the supplemental appropriation ordinance, funds will be available
in the current operating Budget, as appropriated, of the Environmental Protection Project Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
11-R103538040 0201100 $45,000.00 2) R103 538040_0201100 $45,000.00
3) R101 476103 020211006000 45 000.00 4) R101 539120 020211006000 $45,000.00
3) R101 539120 020211006000 $45_000.00
Submitted for City Manager's Office by. Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Michael Gange (6569)
ATTACHMENTS
20TECHNICOAT Rec1.doc
20TECHNICOAT Rec3.doc
Map TECHNICOAT.pdf
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