HomeMy WebLinkAboutContract 30363 INTERLOCAL AGREEMENT BETWEEN THE CITY OF FORT WORTH AND
TARRANT COUNTY FOR AN AIR POLLUTION MONITORING AND TESTING
THIS AGREEMENT is entered into by and between the City of Fort Worth,Texas, a home-rule
municipal corporation situated in Tarrant and Denton Counties, Texas, ("City"), acting herein by
and through Charles Boswell, its duly authorized Assistant City Manager and Tarrant County,
Texas, ("County") acting herein by and through Tom Vandergriff, its duly authorized County
Judge,as directed by the Commissioners Court of Tarrant County,Texas.
WHEREAS, Texas Government Code, § 791.011 provides that a local government may contract
with another to perform governmental functions and services, and the definition of"governmental
functions and services"under§ 791.003(3)includes the areas of public health and welfare as well as
comprehensive health care;
WHEREAS,the City of Fort Worth and Tarrant County, pursuant to the Constitution and the laws
of the State of Texas, desire to make and enter into a contract whereby the City of Fort Worth will
retain its Air Pollution Control Program and make available to the County certain air pollution
testing for Fiscal Year 2004;
WHEREAS,the parties mutually desire to be subject to the provisions of Texas Government Code,
Chapter 791,also(mown as the Interlocal Cooperation Act;
NOW THEREFORE,IT IS AGREED AS FOLLOWS:
1.
Scope of Services
A. The City will provide comment on permit applications submitted to the Texas
Commission on Environmental Quality (TCEQ) and monitor permit compliance
for New Source Reviews/Permits;
B. The City will conduct field inspections on all emission sources and new source
performance standards, investigate all complaints and send reports to the TCEQ as
required by law;
C. The City will respond to citizen complaints associated with air pollution from
industrial activities, construction projects, vehicle emissions and other outdoor
containments;
D. The City will provide, on a daily basis, the pollutant standard index for ozone to
local media;
E. The City will conduct monitoring for particulate emissions for compliance with
the standard and report the index to the local media; and
F. City will provide County with quarterly reports of activities performed pursuant to
this Agreement.
INTERLOCAL FOR AIR POLLUTION CONTROL PROGRAM
2.
Unincorporated Area
This Agreement covers only the unincorporated areas of the County. Services specified in Section
1 will be provided as requested by the County Judge or the Judge's designee.The City shall submit
the names of the violators to the TCEQ to take any enforcement action the TCEQ believes is
warranted.
3.
Term
This Agreement shall be valid from October 1,2003 through September 30, 2004.
4.
Compensation
As fair compensation to City for providing the services pursuant to this Agreement for the County,
County hereby agrees to pay to City at a rate of$135.00 per hour not to exceed the sum of thirty-six
thousand two hundred sixty dollars ($36,260.00). Billings will be provided quarterly and will
include a description of the services rendered and the amount of time expended.
5.
Independent Contractor
City shall operate under this agreement as an independent contractor and not as an officer, agent,
servant, or employee of County. City shall have the exclusive right to control the details of the
work and the services performed hereunder,and all persons performing same. County shall have
no right to exercise any control over or to supervise or regulate City personnel in any way. The
doctrine of Respondeat Superior shall not apply as between the parties,and nothing herein shall be
construed as creating a partnership or joint enterprise between the parties.
6.
Immunity and Liability
The County expressly waives its right to assert immunity from suit for a claim forming the basis
of a suit between the City and County alleging a breach of this Contract. The County does this as
consideration for the City's offer to enter into this Contract with the County. No third party may
use this waiver in any way and no waiver of immunity in favor of a third party is intended by this
Contract.
INTERLOCAL FOR AIR POLLUTION CONTROL PROGRAM 2°f 4
7.
Non-assignability
Except as otherwise expressly provided herein, this agreement is non-assignable, and any
unauthorized purported assignment or delegation of any duties hereunder,without the prior written
consent of the other party, shall be void and shall constitute a material breach of this agreement.
8.
Entir
This Agreement contains all commitments and Agreements of the parties hereto, and no other
oral or written commitments shall have any force or effect if not contained herein, except that this
Agreement can be amended or modified by the parties if such amendment or modification is in
writing and signed by City and County.
9.
Severability
In case any one or more of the provisions contained in the Agreement 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 Agreement, and this Agreement shall be construed as if
such invalid, illegal, or unenforceable provisions had never been contained herein.
10.
Venue
This agreement shall be construed under and in accordance with the laws of the State of
Texas, and the venue for any litigation arising from this agreement shall be in Tarrant County,
Texas.
11.
Authority
This agreement is made for City and County as an Interlocal Agreement pursuant to Chapter
791 of the Government Code of Texas.
INTERLOCAL FOR AIR POLLUTION CONTROL PROGRAM 3 of 4
12.
Authorization
The undersigned officers and/or agents ofthe parties hereto are properly authorized officials
and have the necessary authority to execute this agreement on behalf of the parties hereto,and each
party hereby certifies to the other that any necessary actions extending such authority have been
duly passed and are now in full force and effect.
CUTED IN TRIPLICATE in Fort Worth,Tarrant County,Texas on this day,
2004.
CITY OF FORT WORTH TARRANT COZ�A /i'l/Y�
LiNTY
vV'_
Charles Boswell tom Vandergriff
Assistant City Manager County Judge �7r
Date Signed: Ca Date Signed: obi
J
ATTEST ATTEST
��
Sylvo Glover Coun uditor
Acting City Secretary Certified as to availability of
Funds in amount not to
Exceed S ?4 26 o-
APPROVED AS TO FORM:
Nl�IN 2--P
Assistant Ck Attorney
CRP06.08.04v4
Contract Huth rization
Date
r
INTERLOCAL FOR AIR POLLUTION CONTROL PROGRAM "'' r F•;'
*APPROVED AS TO FORM:
By:
District Atto ey4Offfiri
*By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its
clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this
document was conducted solely from the legal perspective of our client. Our approval of this document was offered
solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and
approval by their own respective attorney(s).
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CITY SECRETARY .
C �ONTRACT NO . � 3
'i coUlvhj.. REFERENCE NUMBER
Y COMMISSIONERS COURT PAGE I OF 5
x • ' COMMUNICATION
DATE: 06/29/04
SUBJECT: FY 2004 RENEWAL OF THE INTERLOCAL AGREEMENT BETWEEN
TARRANT COUNTY AND THE CITY OF FORT WORTH FOR AIR QUALITY
MONITORING SERVICES IN THE UNINCORPORATED AREAS
***CONSENT AGENDA***
COMMISSIONERS COURT ACTION REOUESTED:
It is requested that the Commissioners Court approve the FY 2004 renewal of an interlocal agreement with the
City of Fort Worth for the provision of air quality monitoring services in the unincorporated areas of Tarrant
County at a cost not to exceed $36,260.00.
BACKGROUND:
For the past several years, Tarrant County has participated in the City of Fort Worth's Air Pollution Control
Program. The City's air quality testing is provided both inside and outside the city limits of Fort Worth and
Tarrant County. This program supplements the activities of the Texas Commission on Environmental Quality
(TCEQ). Renewal of this interlocal agreement will continue service to Tarrant County for the period October 1,
2003 through September 30, 2004, at the same maximum amount as the FY03 agreement. The scope of
services and basic terms of the agreement remain the same as past year agreements. County and City staff are
currently in discussions regarding modifications to the scope of services and form of payment for these services.
However, in the interest of continuing air quality monitoring service for the unincorporated areas, it was
recommended that we renew the contract at basically the same terms as previous years and work to make
changes in the coming months for the next fiscal year agreement. While the maximum amount of payment for
these services remains the same as in past years, the FY 2004 agreement now provides for the billing of actual
services rendered at a rate of$135.00 per hour,not to exceed the sum of$36,260.00.
This interlocal has been approved by the District Attorney's Office as to form.
FISCAL IMPACT:
Total compensation not to exceed$36,260.00 is to be paid to Fort Worth for the services noted in the agreement.
Billings will be provided by the City of Fort Worth quarterly and will include a description of services rendered
and the amount of time expended. The County will in turn make payment to the City of Fort Worth for these
services on a quarterly basis after receipt of billing. Funds have been included in the FY 2004 budget.
DISPOSITION BY COMMISSIONERS COURT
❑ APPROVED ❑ OTHER[describe]
SUBMITTED BY: Administrator's Office PREPARED BY: Lisa McMillan
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/5/2004 - Ordinance No. 16058
DATE: Thursday, August 05, 2004
LOG NAME: 52TARRANT COUNT REFERENCE NO.: **C-20180
SUBJECT:
Authorization to Enter Into a Contract with Tarrant County for the Air Pollution Control Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute an interlocal agreement with Tarrant County in an amount not
to exceed $36,260 for the Air Pollution Control Program for FY2003-2004 for the period of October 1, 2003,
through September 30, 2004; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by $36,260.
DISCUSSION:
For the past several years, the City and Tarrant County have entered into an Interlocal Agreement for air
pollution control services in the unincorporated areas of Tarrant County_ On June 29, 2004, Tarrant County
approved this agreement for the period of October 1, 2003, through September 30, 2004.
During the period of the contract, the City will make the following services available to the unincorporated
areas of Tarrant County:
New sources review/permits
Field inspections
Response to citizen complaints associated with air pollution
Provide the Pollutant Standard Index for ozone to the local media
Conduct monitoring for particulate emissions
The services specified will be provided as requested by the County Judge or his designee. Tarrant County
has agreed to pay the City at the rate of $135.00 per hour for these services with the agreement not to
exceed amount set at $36,260.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon execution of the interlocal agreement and adoption of the attached
appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the
Grants Fund. The Environmental Management Department is responsible for the collection of funds due to
the City under this agreement.
Logname: 52TARRANT COUNT Paget of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 451335 052422956010 $36,260.00
GR76 5(N ARIOUS� 052422956000 $36,260.00
Submitted for Citi Manager's Office by: Charles Boswell (8511)
Originating-Department Head_ Brian Boerner (6647)
Additional Information Contact: Brian Boerner (6647)
Logname: 52TARRANT COUNT Page 2 of 2