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HomeMy WebLinkAboutContract 39741-A1 CSC No. 39741-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 39741 CITY OF ARLINGTON AGREEMENT FOR RECLAIMED SERVICES WHEREAS, on the 5t' day of May, 2009,the City of Fort Worth and the City of Arlington entered into City of Fort Worth City Secretary Contract No. 39741 (the "Contract"), providing for Reclaimed Water Service; and WHEREAS, Section 2.5 provides for the City of Arlington to designate an Annual Amount to reflect the total annual Reclaimed Water use estimate by the City of Arlington; and WHEREAS,Section 7.5 of the Contract details the Charges to be made to Arlington for Reclaimed Water Services based off the Annual Amount to be applied to the City of Arlington to include a Minimum Monthly Charge as well as a credit when the City of Arlington incurs a Minimum Monthly Charge for a month, but its annual withdrawal is equal to or greater than its Annual Amount; and WHEREAS, Section 7.5.2 and Section 7.5.4 of the Contract refer to Exhibit D which provides three examples for calculation of the charges and credits to the City of Arlington; and WHEREAS, on June 23, 2020, the parties participated in a Reclaimed Water Wholesale Advisory Committee and agreed that Section 7.5 did not accurately express actual procedures and that Exhibit D contained erroneous examples; and WHEREAS, the Reclaimed Water Wholesale Advisory Committee agreed to execute this amendment to revise the Contract language and Exhibit D. NOW,THEREFORE,KNOW ALL BY THESE PRESENTS: 1. Section 7.5.2 Minimum Chance shall be amended to now be: 7.5.2 Minimum Charge. If the Reclaimed Water withdrawn from the System at the Customer's point of delivery for any one monthly billing OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX period is less than half of the Customer's Annual Amount, divided by twelve (12), then the Customer shall pay a Minimum Monthly Charge instead of the § 7.5.1 Volume Charge. The Minimum Monthly Charge is calculated as: a. fifty percent(50%)of the Customer's Annual Amount (in gallons x 1000) divided by twelve (12) months, multiplied by b. the Rate in effect for that monthly billing period. The parties agree that this monthly minimum charge is just and reasonable, and is necessary to establish a minimum cash flow to meet the operating expenses and debt service for the System. Exhibit D presents examples of how the monthly minimum and any credit shall be calculated. 2. Section 7.5.4 Credits shall be amended to now be: 7.5.4 Credits. In any Fiscal Year that Customer incurs a Minimum Monthly Charge for a month, and its Fiscal Year total charges exceed 50% of the combined Annual Amount at the Agreement rate, Fort Worth will credit the Customer's account with a credit (in dollars) calculated as: a. the total charges for that Fiscal Year, minus b. the combined Actual Annual usage x the Rate. Second Amendment to Wholesale Reclaimed Water Exhibit D 2 of 5 Examples of this calculation are shown in Exhibit D. Fort Worth will first apply the credit to past-due charges, if any, and thereafter to current charges. 3. Exhibit D Volume Charge Calculation Example: shall be amended to now be as shown in the attachment to this First Amendment. 4. All other terms, conditions, and covenants contained in City Secretary Contract No. 39741 not amended herein shall continue in full force and effect. Executed on this day, Dec 9,2020 2020. CITY OF FORT WORTH CITY OF ARLINGTON b�8cc`•a�ir7af� Dora o��hdou t�e,zvz rzs CT) Dana Burghdoff By: ,rA>_-4<7 ley ASSISTANT CITY MANAGER Deputy City Manageq Date: Recommended By: L�6 �°°� �� APPROVED AS TO FORM, Christopher P. Harder,PE WATER DEPARTMENT DIRECTOR 13 CITY ATTORNEY J e r i 5 APPROVED AS TO FORM AND LEGALITY _&TTF,S T Chi iA,R.Lopez-Reynold;(Dec 8,2020 09.6 CST, -- Christa R. Lopez-Reynolds SR. ASSISTANT CITY ATTORNEY: By: �- LITY SECRETARY. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Second Amendment to wholesale Reclaimed Water Exhibit D 3 of 5 ATTEST a444�nn�� a °pORT��a� ° o� d �0��0l7 C�0l1T.dl�I °=a 'for Ronald P.Gonzales(Dec 8,20201359 CST o° °o Icy Mary Kayser d� °°o°°°°°°° p CITY SECRETARY ���nEXASoAp OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Second Amendment to Wholesale Reclaimed Water Exhibit D 4 of 5 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. *AVA """' 12/8/2020 Alexander Pierce Engineering Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX EXHIBIT D Volume Charge Calculation Example This example illustrates the calculation of Customer Charges under the Agreement and resulting FY credits for a hypothetical Reclaimed Water Use scenario. If Customer uses less than the Minimum Monthly in any month during the FY and its FY total charges exceed 50%of the combined Annual Amount at the Agreement rate (Minimum Annual Charge), Fort Worth subtracts the actual annual usage x the Rate from the actual amount paid and applies the remainder to the Customer's account for the next FY. Annual Amount (kgal) 240,000 (x 1,000) Gal Minimum Monthly Use (kgal) 10,000 (x1,000) Gal = 50% of Combined Annual Amount/ 12 Rate $/1,000 Gal $1.45 Monthly Minimum Charge $14,500 = Rate x Min. Monthly Use Minimum Annual Charge: $174,000 = 50% Annual Amount x Rate Monthly Example Year X Usage (kgal) Bill October 30,000 $43,500 November 15,000 $21,750 December 0 $14,500 January 4,000 $14,500 February 0 $14,500 March 6,000 $14,500 April 15,000 $21,750 May 20,000 $29,000 June 35,000 $50,750 July 35,000 $50,750 August 40,000 $58,000 September 30,000 $43,500 FY TOTAL 230,000 $377,000 AMOUNT BASED ON ACTUAL USAGE 230,000 @ $1.45 per kgal $333,500 FY Total minus Amount Based NEXT FY CREDIT on Actual Usage $43,500 Second Amendment to Wholesale Reclaimed Water Exhibit D 5 of 5