HomeMy WebLinkAboutContract 42283 CITY SECRETARY -
CONTRAC"T Na
AN AGREEMENT AMONG
THE CITY OF DALLAS, THE CITY OF FORT WORTH, THE NORTH TEXAS
MUNICIPAL WATER DISTRICT, AND THE TRINITY RIVER AUTHORITY OF TEXAS
CONTINUING THE UPPER TRINITY BASIN WATER QUALITY COMPACT
STATE OF TEXAS §
COUNTY OF TARRANT §
This Agreement is made and entered into as of the last date of execution below among the
CITY OF DALLAS, TEXAS, a home-rule municipal corporation; the CITY OF FORT WORTH,
TEXAS, a home-rule municipal corporation; the NORTH TEXAS MUNICIPAL WATER DISTRICT, a
conservation and reclamation district created by and functioning under Chapter 62, Acts of the 52nd
Legislature of the State of Texas, Regular Session, 1951, as amended; and the TRINITY RIVER
AUTHORITY OF TEXAS, a conservation and reclamation district created by and functioning under
Chapter 518, Acts of the 54th Legislature of the State of Texas, Regular Session, 1955, as
amended. Each of the foregoing entities is a "PARTY" for purposes of this Agreement, and
together they are the "PARTIES" hereto.
WITNESSETH:
WHEREAS, the PARTIES are each major providers of wastewater collection and treatment
services in the upper Trinity River basin; and
WHEREAS, each of the PARTIES produces high-quality reclaimed water from the treatment
of wastewater, and has rights to the reuse of that water within the basin; and
WHEREAS, in 1975, the PARTIES first constituted the Upper Trinity Basin Water Quality
Compact (the "COMPACT'), and has from time-to-time continued its existence by official
action; and
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WHEREAS, through the COMPACT, the PARTIES have cooperated successfully for thirty-
five (35) years to protect mutual interests in the quality of water in the upper Trinity River basin
through water quality monitoring, studies, and related activities; and
WHEREAS, the PARTIES wish to further continue the COMPACT through this Agreement;
NOW, THEREFORE, the PARTIES agree as follows:
Section 1. NAME
The name of the entity continued by this Agreement is the "Upper Trinity Basin Water
Quality Compact."
Section 2. PURPOSE AND SCOPE OF COMPACT
The COMPACT shall facilitate cooperative monitoring, studies and related activities by its
members, and shall be primarily interested in water quality, wastewater collection and treatment,
discharge and reuse of reclaimed water, and related regulatory matters in the lower West Fork,
lower East Fork, and main stem of the Trinity River. The COMPACT may address additional topics
and geographic areas related to those listed above at the direction of the PARTIES as specified
herein.
Section 3. MEMBERSHIP
The members of the COMPACT are the four PARTIES to this Agreement. Additional parties
may become COMPACT members upon the unanimous consent of the members of the COMPACT
MANAGEMENT COMMITTEE and upon the prospective member's execution of an agreement to
abide by the terms of this Agreement.
Section 4. MANAGEMENT COMMITTEE
A. Creation and Duties. A MANAGEMENT COMMITTEE is hereby created to govern the
COMPACT.
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B. Membership. The members of the MANAGEMENT COMMITTEE are: the Director of
the Dallas Water Utilities; the Director of the Fort Worth Water Department; the Executive Director
of the North Texas Municipal Water District; and the General Manager, Trinity River Authority of
Texas; or their official designees. The membership of the TECHNICAL COMMITTEE shall be
determined by the MANAGEMENT COMMITTEE.
C. Unanimous Consent. Action by the MANAGEMENT COMMITTEE may be taken only
upon unanimous consent of all its members.
Section 5. TECHNICAL COMMITTEE
A. Creation and Duties. A TECHNICAL COMMITTEE is hereby created to implement the
WORK PLAN. Subsequent to authorization from the MANAGEMENT COMMITTEE, the
TECHNICAL COMMITTEE shall be empowered to authorize the ADMINISTRATOR to enter into
contracts with third parties on behalf of the COMPACT in order to carry out the WORK PLAN.
B. Membership. The membership of the TECHNICAL COMMITTEE shall be determined
by the MANAGEMENT COMMITTEE.
C. Unanimous Consent. Action by the TECHNICAL COMMITTEE may be taken only upon
unanimous consent of all of its members.
Section 6. ADMINISTRATION
The administrative activities associated with the COMPACT shall be performed by the Trinity
River Authority (hereinafter called "ADMINISTRATOR"), subject to the limits and obligations of law,
the Trinity River Authority's administrative policies, and actions of the MANAGEMENT or
TECHNICAL COMMITTEE.
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Section 7. FISCAL PROVISIONS
A. Costs Shared Equally. COMPACT expenses shall be shared equally by the PARTIES
as approved by the governing bodies of each Party.
B. Budget. Annually, the TECHNICAL COMMITTEE shall prepare a draft WORK PLAN
and a draft proposed budget to accomplish the draft WORK PLAN for consideration by the
MANAGEMENT COMMITTEE. The MANAGEMENT COMMITTEE shall annually approve a final
COMPACT WORK PLAN and final budget to accomplish the WORK PLAN. The final budget and
WORK PLAN shall function on a fiscal year beginning October 1 and ending on September 30 of
the following year. The draft proposed budget shall be available in time for consideration in each
PARTY'S annual budget preparation. Funds for the operation of the COMPACT are subject to
availability and annual appropriation. Following adoption of the PARTIES' budgets, the
MANAGEMENT COMMITTEE shall adopt a final COMPACT budget and WORK PLAN. The
budget and WORK PLAN may be amended at any time by the MANAGEMENT COMMITTEE.
Annually, the ADMINISTRATOR shall present a budget report to the MANAGEMENT COMMITTEE.
Nothing herein shall require a PARTY to contribute more than the amount approved by each
PARTY'S governing body.
C. Funding and Accounting. Within thirty (30) days after finalization of each annual
COMPACT budget, each PARTY shall deposit with the ADMINISTRATOR its one-fourth share of
the total adopted budget amount. These funds will be accounted for as a separate account and
shall be used solely to pay COMPACT expenses. At the end of each fiscal year, the
MANAGEMENT COMMITTEE shall advise ADMINISTRATOR to either: return one-fourth of any
balance to each PARTY, or to apply the balance toward the next year's work plan and budget.
D. Special Studies. When occasional special studies related to the purpose and scope of
the COMPACT arise, the MANAGEMENT COMMITTEE shall designate a TECHNICAL TEAM to
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formulate a special study work plan and budget. Upon unanimous approval by the MANAGEMENT
COMMITTEE, each PARTY shall deposit with the ADMINISTRATOR an amount equal to one-fourth
of the total special study cost.
E. Expenses. The ADMINISTRATOR shall pay COMPACT expenses from the COMPACT
account.
F. In-Kind Activities. Some COMPACT activities may be performed or supported by the
PARTIES with their own staffs and equipment pursuant to each PARTY'S administrative
regulations. Such in-kind activity and cost thereof will not be considered part of the COMPACT
budget, COMPACT funding, or COMPACT expenses. The MANAGEMENT COMMITTEE may
authorize payments to a PARTY or PARTIES in the event it determines that a PARTY or PARTIES
have performed additional tasks above and beyond the other PARTIES' efforts and what has been
customary during previous COMPACT agreements. Each PARTY may reasonably deny a request
for in-kind activity, or deny such a request at the direction of a PARTY'S governing body.
Section 8. LIABILITY
Each PARTY shall be solely responsible and liable for its own acts or omissions in activities
involving the COMPACT. No PARTY shall be liable for the acts or omissions of any other PARTY.
Section 9. NOTICES
All notices or communications provided for herein shall be provided to the PARTIES at their
respective addresses. At present the addresses, which may be changed by written notice, are:
DALLAS: Dallas Water Utilities
City of Dallas
1500 Marilla, Room 4A North
Dallas, Texas 75201
Attention: Director Water Utilities
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FORT WORTH: Fort Worth Water Department
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
Attention: Water Director
NTMWD: North Texas Municipal Water District
P. O. Box 2408
Wylie, Texas 75098-2408
Attention: Executive Director
TRA: Trinity River Authority of Texas
P. O. Box 60
Arlington, Texas 76004
Attention: General Manager
Section 10. MISCELLANEOUS
A. This Agreement replaces and supersedes all prior agreements regarding the
establishment of the COMPACT.
B. 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 11. TERM OF AGREEMENT
The term of this Agreement shall be ten years beginning on the latest day of execution by
the four PARTIES. This Agreement may be renewed for two additional ten-year periods upon
unanimous consent of the PARTIES.
IN WITNESS WHEREOF, the PARTIES, 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.
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CITY OF DALLAS, TEXAS
Attest:
By:
Title:
Date:
Attested by:
CITY OF FORT WORTH, TEXAS I'
A At Urty Hendrix,tity Secreetwy
By:
Fernando Costa
Title: Assistant City Manager
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Date: /SLI
NORTH TEXAS MUNICIPAL WATER DISTRICT ,,
J
(Attest:
By. Ja es M. Parks Ct_J
Title: Ex ut i ve Director
Date: l y 11 , 2011
TRINITY RIVER AUTHORITY OF TEXAS
By; V J. Kevin Ward �• �, �—
Title: General Manager
Date:
con t"ac L�Authorization
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M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
FORT
CITY COUNCIL AGENDA
COUNCIL ACTION: Approved on 9/13/2011
DATE: 9/13/2011 REFERENCE NO.:**C-25155 LOG NAME: 60UPPER TRINITY
BASIN WQ COMPACT
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of an Agreement with the City of Dallas, the North Texas Municipal
Water District and the Trinity River Authority of Texas to Continue the Upper Trinity Basin
Water Quality Compact with City Participation in the Amount of$30,000.00 (ALL COUNCIL
DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of an agreement with the City of Dallas, the North Texas Municipal Water
District and the Trinity River Authority of Texas to continue the Upper Trinity Basin Water Quality
Compact; and
2. Authorize the payment of the City's share of the cost for Fiscal Year 2011-2012 Compact Budget
in the amount of$30,000.00 for water quality monitoring, studies and related activities.
DISCUSSION:
On October 15, 1975, (M&C C-3219) the City Council authorized the City Manager to execute an
Agreement providing for the City to join other wastewater agencies in the region to form the Upper
Trinity River Basin Water Quality Compact(the Compact). The previous Agreement has expired. The
City has participated in the Compact since the group's inception.
The purpose of the Compact is to protect the agencies mutual interest through cooperative water
quality monitoring, wastewater collection and treatment, discharge and reuse of reclaimed water and
related regulatory matters in the upper Trinity River basin.
Terms of the Compact Agreement include the following:
1. The term of the Agreement commences upon execution by the four parties for 10 years. The term
may be renewed for two additional 10-year periods upon unanimous consent of the parties;
2. The Compact expenses will be shared equally (one-fourth) by the parties; within 30 days after
finalization of each annual Compact budget, each party shall deposit with the administrator its one-
fourth share of the total adopted budget amount. Funds for the operation of the Compact are subject
to availability and annual appropriation;
3. The funds will be administered by the Trinity River Authority of Texas and accounted for in a
separate account and will be used solely to pay Compact expenses. At the end of each year the
Compact administrator will either return any balance to each party or apply the balance toward the
next year's work plan and budget;
4. When special studies related to the purpose and scope of the Compact arise, a work plan and
budget will be formulated and approved and each party will pay one-fourth of the total special study
cost, and
5. The budget and work plan shall function on a fiscal year beginning October 1 and ending on
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15679&councildate=9/13/2011 9/14/2011
M&C Review Page 2 of 2
September 30 of the following year.
The City's share of the cost for the monitoring studies and related activities related to the annual
Compact budget during the period October 1, 2011 through September 30, 2012, is $30,000.00. The
total cost allocations are as follows:
AGENCY 11CONTRIBUTION11
Fort Worth $ 30,000.00
Dallas $ 30,000.00
North Texas Municipal Water District $ 30,000.00
Trinity River Authority 1$ 30,000.00
TOTAL $ 120,000.00
The Compact Agreement will benefit the entire City (ALL COUNCIL DISTRICTS).
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Water and Sewer Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
PE45 539120 0703000 $30.000.00
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: S. Frank Crumb (8207)
Additional Information Contact: Richard Talley (8203)
ATTACHMENTS
60UPPER TRINITY BASIN WQ COMPACT MAP.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15679&councildate=9/13/2011 9/14/2011