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HomeMy WebLinkAboutContract 15687-SA1 CITY SECRETARY CONTRACT NO. SUPPLEMENTAL AGREEMENT TO THE WHOLESALE WASTEWATER AGREEMENT BETWEEN FORT WORTH AND LAKE WORTH CITY SECRETARY CONTRACT NO. 15687 WHEREAS, the cities of Fort Worth and Lake Worth entered into a wholesale contract for the provision by Fort Worth of wastewater service known as City of Fort Worth City Secretary Contact No. 15687 (the "Wholesale Contract"); and WHEREAS, on or about April 18, 2012, the City of Lake Worth issued a letter to the City Fort Worth granting Fort Worth access to the Marina Lift Station to make sewer connections for the Woodvale Sewer Project; and WHEREAS, Section 3 1.10 of the Wholesale Contract allows for Lake Worth to serve additional Fort Worth retail customers upon mutual agreement; and WHEREAS, Fort Worth has identified approximately 100 customers to be served by Lake Worth through the Marina Lift Station and Lake Worth agrees to provide such service pursuant to the terms and conditions in this supplemental agreement. NOW, THEREFORE, THE CITIES OF FORT WORTH AND LAKE WORTH AGREE AS FOLLOWS: 1. PURPOSE Pursuant to Section 31.10 of the Wholesale Contract, the purpose of this agreement is to allow Fort Worth to make retail sewer connections to the Marina Lift Station ("Connections"), and for Lake Worth to serve the Fort Worth retail customers identified in EXHIBIT A ("Customers"). 2. SEWER CONNECTIONS Lake Worth agrees to allow Fort Worth to make the Connections and Lake Worth agrees to serve the Customers. Both parties agree to amend EXHIBIT A if additional connections are mutually agreed upon. Fort Worth shall send a monthly report to Lake Worth identifying the number and date of each connection made to the Marina Lift Station. 3. PAYMENT A. Both parties agree that Lake Worth's billing rate for the Customers s consistent with Section 7.2 of the Wholesale Contract. Specific llyuid® REC -NED SEP 1 6 201 ��f�uG�.1�A�F1'�'�7 sewage shall be determined by adding the product derived from multiplying the number of domestic accounts identified in EXHIBIT A times 10,500 to the sum total metered water of all non-domestic accounts. B. Fort Worth shall credit Lake Worth on its monthly sewer bill for the amount determined in Section A above. C. On Lake Worth's first monthly sewer bill received after full execution of this agreement, Fort Worth shall credit Lake Worth for the Connections for the period following April 18, 2012 to the date of this agreement as follows: FY 2012: $2,624.95 FY 2013: $16,354.21 FY 2014: $16,386.08 (Total: $35, 365.24) 4. CONTRACT CONTROLLING This agreement shall not amend or modify the Wholesale Contract in any way and no terms or conditions shall be amended. 5. TERMINATION This agreement may be terminated by Fort Worth at any time in its sole discretion by giving written notice to Lake Worth at least sixty (60) days prior to the date of termination. 6. EFFECT OF TERMINATION If this agreement is terminated, and the Customers continue to remain connected to the Marina Lift Station, Fort Worth agrees to place a deduction meter at the Marina Lift Station to record the flow from the Connections within thirty (30) days. Fort Worth agrees to credit Lake Worth on its monthly sewer bill for the amount of flow recorded at said meter on a monthly basis, and Lake Worth agrees to provide Fort Worth with a monthly statement of the flow recorded at said meter. Fort Worth's obligation to install a deduction meter is an ongoing obligation which will survive the termination of this agreement. In all other respects, the Cities shall revert to the status and contractual relations that were in effect prior to the execution of this agreement. 7. SEWER CONNECTIOM BILLING AGREEMENT MARINA LIFT STATION Page 2 of 4 NOTICES All written notices called for or required by this agreement shall be sufficient if forwarded to the parties below, or such other party or address as either party designates in writing,by certified mail, postage prepaid, or by hand delivery: City of Fort Worth: City of Fort Worth with a copy to: City of Fort Worth Attn: City Manager Attn: Water Director 1000 Throckmorton 1000 Throckmorton Fort Worth,TX 76102 Fort Worth,Texas 76102 City of Lake Worth City of Lake Worth with a copy to: City of Lake Worth Attn: City Manager Public Works Director 3805 Adam Grubb 3805 Adam Grubb Lake Worth, Texas 76135 Lake Worth, Texas 76135 8. DEFAULT In the event either party defaults on any obligation under this agreement, the parties agree that the non-defaulting party may be entitled to any relief available in law or equity 9. GOVERNMENTAL POWERS It is understood that by execution of this agreement, none of the parties hereto waive or surrender any of it governmental powers. APPROVAL RECOMMENDED: CITY OF FORT WORTH SEWER CONNECTION,BILLING AGREEMENT MARINA LIFT STATION Page 3 of 4 r4�S. Frank Crumb, P. E. . Fernando Costa Water Department Dirccto Assistant City Manager F P S�©O OOQQq°0� ° Approved as to Form and Legality: Attest °O° 40 C I IG Chn .sta Lopez-Re olds U Mary ser °°°° Sr. Assistant City Attorney City Secre ry Date: APPROVAL REC ENDED: CITY OF LAKE WORTH r By: Sean Densmore Brett E. McGuire Public Works Director City Manager Approved o Fo d Legality: Attest: t Cit Att ey Linda Rhodes City Secretary Date: 1 y NO 1VM&Eft �IR�� - c;1 FIMAL WeCoRD SEWER CONNECTION:BILLING AGREEMENT SIECREMIRIV MARINA LIFT STATION ll Page 4 of 4 8 u X L_.. � A t�y �.-��---- • TAAAlN—� W W � r F4 W 2 Fi Ia _ i W 14. i .• '�,.' 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