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Home My WebLink AboutContract 51971 CITY SECRETARY CONTRACT NO. ,mal 7 EMERGENCY WATER SUPPLY AGREEMENT TRINITY RIVER AUTHORITY OF TEXAS CITY OF FORT WORTH STATE OF TEXAS COUNTY OF TARRANT THIS CONTRACT AND AGREEMENT is made, executed, and entered into thi&.��day of 2019,by and between the TRINITY RIVER AUTHORITY OF TEXAS,a conservation and reclamation district created by and functioning under Chapter 518,Acts of the 541 Legislature of the State of Texas,Regular Session, 1955, as amended,pursuant to Article XVI, Section 59 of the Texas Constitution(hereafter called"AUTHORITY"),and the CITY OF FORT WORTH, a municipal corporation of the County of Tarrant, State of Texas(hereafter called"CITY")acting by and through Jesus J. Chapa, its duly authorized Assistant City Manager. WITNESSETH WHEREAS,this Interlocal Agreement is made under the authority granted by and pursuant to V.T.C.A, Government Code, Chapter 791,known as the Interlocal Cooperation Act;and; WHEREAS,the AUTHORITY has provided at its own expense and now owns, operates, and maintains the Tarrant County Water Supply Project, for the purpose of supplying treated water to Bedford,Euless,Colleyville, and portions of Grapevine and North Richland Hills;and, WHEREAS,the CITY has provided at its own expense, and now owns, operates, and maintains facilities for processing and distributing a large supply of surface water, and is qualified to furnish and deliver treated water,both within and without the corporate boundaries of the City of Fort Worth;and, WHEREAS, in 1984,the AUTHORITY constructed a metered interconnect between the Fort Worth water supply and the Tarrant County Water Supply Project, designed with the ability to provide water to either party in the event of an emergency; and, WHEREAS, in 1997,the CITY and AUTHORITY entered into a twenty-year supplemental water supply agreement for the purpose of using the metered interconnect to provide an emergency water supply to either party. Over the course of this twenty-year contract,the interconnect was utilized on numerous occasions to provide water supply during emergency events,which improved reliability to both parties' customers; and, WHEREAS, in 2018 the CITY and AUTHORITY jointly funded an Emergency Water Supply Interconnect Analysis,which quantified water supply flowrates that can be provided to each party under existing average day conditions; and, WHEREAS,due to the interconnection of the AUTHORITY'S and CITY's system,the AUTHORITY and CITY desire to enter into a mutually satisfactory agreement whereby either party may assist the other to meet their future supplemental water supply needs. NOW THEREFORE,the foregoing parties to this AGREEMENT agree as follows: Section 1. CONDITIONS PRECEDENT. At the request of the Regional Manager,Northern Region, RECEIVE the AUTHORITY,or the Director of the Fort Worth Water Department,water may be provided on a FEB 2 6 2019 1 CITY OF FORT WORTH CITY SECRETARY supplemental basis to either party. The determination of the extent that water is available shall be in the sole discretion of the party which will provide the water supply. Both parties shall agree in writing on the volume, rate of delivery,duration of any event,and the method of compensation. Compensation shall be based on either of the following methods. (1) An exchange of a like volume of water to be repaid in a subsequent time period which is mutually agreed upon at the time of activation,or (2) Payment within 30 days of billing, on a unit cost per 1000 gallons at a rate which does not exceed either parties' then current wholesale treated water costs or official wholesale rates. Section 2. TERM OF AGREEMENT,NOTICES A. TERM OF AGREEMENT. This AGREEMENT shall be effective upon execution hereof and shall continue in force and effect for a period of 20 years. B. NOTICES. All notices or communications provided herein shall be delivered to AUTHORITY and CITY or, if mailed shall be sent to AUTHORITY and CITY at their respective address. For the purpose of notices,the addresses of the parties, until changed by written notice, shall be as follows: AUTHORITY: Trinity River Authority of Texas P.O.Box 240 Arlington,Texas 76004-0240 Attention:Northern Region Manager CITY: City of Fort Worth 200 Texas Street Fort Worth,Texas 76012 Attention: Water Director Section 3. STATE AGENCY APPROVAL.The water systems of both the AUTHORITY and CITY shall be approved by the Texas state agency having jurisdiction and authority to inspect such systems during the life of this contract. If at any time the water system of either party is not approved by said state agency, or if either of the parties does not have an active cross-connection control program,there shall not be any direct physical connection between the two systems unless an approved backflow prevention device has been provided and installed on the system not approved and this installation has been approved by the state agency.As of the date of execution of this contract,the state agency having jurisdiction and authority is the Texas Commission on Environmental Quality. Section 4. TERMINATION.Either party,with 90 days prior written notice,may terminate this AGREEMENT. In the event of such termination, if either party has received a supplemental water supply from the other that has not been repaid in kind or at an agreed upon rate,the receiving party shall repay the providing party within the 90 day notice period. 2 Section 5. LEGAL CONSTRUCTION. In case any one or more of the provisions contained in the AGREEMENT shall be for any reason held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision has never been contained herein. Section 6. RELEASE. CITY and AUTHORITY do hereby release each other and their respective officials, agents, and employees, in both their public and private capacities, from any and all liability, claims, costs, and expenses arising out of the performance of the AGREEMENT due to their own respective negligence or that of their officials,officers, or employees. Section 7. IMMUNITY. It is expressly understood and agreed that in the execution of this AGREEMENT,no party waives nor shall be deemed to waive any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. Section 8. GOVERNING LAW. The validity of this 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. Section 9. PLACE OF PERFORMANCE. All amounts due under this AGREEMENT, including damages for its breach, shall be paid in 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 inTarrant County,Texas. IN WITNESS WHEREOF,the parties' action 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 first written above. TRINITY RIVER AUTHORITY OF TEXAS General Manager ATT S 1111,f 44, • , Secretary PUTHQ �i�� of Directors .�•``��;••''��'•••.R ' = � • • •�- • + } • STI = 00 ,� ••.......•• 5 ''''''��! 3 CITY OF FORT WORTH esus J. Chapa, Assistant City Manager - _ City Secretary •,Q Contract Authorization: Date: PROVED AS LEGALITY: U4-A Christa R.L - eynolds, Sr.Assistant ity Attorney CITY SECRETARY CONTRACT NO. 4 ADDENDUM TO THE AGREEMENT FOR EMERGENCY WATER SUPPLY BETWEEN THE CITY OF FORT WORTH AND TRINITY RIVER AUTHORITY NOT TO EXCEED AMOUNT Both parties agree that in accordance with Chapter 791 of the Texas Government Code,the not to exceed amount for this Agreement shall be $100,000. If the parties determine the need to supply water to the other in a cost amount more than $100,000, the parties shall seek the appropriate approval from each party's governing body. City of Fort Worth Jesus "Jay" Chapa Assistant City Manager a - 7 - Date Trinity River Authority J ZL- 24n/ ',., it General Manager 2z,(-e Date