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HomeMy WebLinkAboutInterlocal Agreement C ,-- 1 6.1-7 6 / Le INTERLOCAL AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND TEXAS A &M UNIVERSITY FOR THE WHOLESALE TREATMENT OF DOMESTIC SANITARY WASTE WHEREAS, CHAPTER 791 OF THE TEXAS GOVERNMENT CODE also known as the INTERLOCAL COOPERATION ACT authorizes all local governments to contract with each other to perform functions or services that each party to the contract is authorized to perform individually; WHEREAS, the City of College Station, a home rule municipality incorporated under the laws of the State of Texas (hereinafter referred to as "CITY") desires to enter into an Interlocal Agreement with Texas A &M University, a land grant University and agency of the State of Texas (hereinafter referred to as "TAMU") for the purpose of authorizing TAMU to treat wastewater on behalf of CITY on a wholesale contract basis under the rates, terms and conditions set forth in this Agreement; and WHEREAS, CITY is authorized to provide wastewater collection and treatment services for customers within its municipal limits pursuant to Section 13.242 of the Texas Water Code; WHEREAS, any property to be served will be within CITY's certificated service area for retail sewer service; and WHEREAS, the CITY considers it in its best interests to direct the sanitary wastewater flow from the property to TAMU for treatment, and WHEREAS, TAMU currently has sufficient capacity within its Texas Natural Resource Conservation Commission Permit at its wastewater treatment plant to treat the quantities of domestic sanitary sewer wastewater contemplated in this Agreement, and TAMU currently has, and expects to maintain for the term of this contract, sufficient capacity to treat this wastewater, and WHEREAS, TAMU is willing to accept and treat this sanitary wastewater under the terms and consideration provided herein as long as the hydraulic and constituent characteristics of the wastewater do not cause its TNRCC Permit to be violated. NOW THEREFORE, for and in consideration of the promises and agreement contained herein and the recitations set forth herein above, the parties enter into this Agreement pursuant to the above -named act to authorize CITY to contract with TAMU for wholesale domestic sanitary wastewater treatment services on behalf of CITY under the following terms and conditions. 1. Description of the Waste Water gm- 15 O UP iv 1.01 The estimated daily wastewater flow is 39,900 gallons. W1tl1 1.02 The estimated peak wastewater flow rate is 117,000 gallons per day. Page 1 of 8 Contract No. 97 -183 Iahle: lusufilelcontractltamultla.doc 10/8/98 CC , vet , s wb.• : f �/tMGI o k a GA e s e Q ss f% 4 >L Clcc % ? C i' 1.03 The estimated wastewater strength will be typical domestic waste with an average five -day biochemical oxygen demand of less than 200 milligrams per liter and suspended solids of less than 200 milligrams per liter. 1.04 The wastewater will comply in every regard with the Industrial Waste Regulations of the CITY, specifically including, but not limited to, prohibited discharges and 1 stormwater and unpolluted discharges, 1.05 The CITY will remit to TAMU any surcharge for wastes of abnormal strength as defined in the ('TTY Industrial Waste Regulations. �� 1.06 Compliance with the wastewater hydraulic and constituent characteristics of this section will normally be established by a twenty -four hour flow composite sample performed by the CITY taken before the end of the third month following initia flow of wastewater to TAMU and annually thereafter. TAMU may, at its own expense, take flow, grab or composite samples of this waste stream at any time. 2. Term & Termination 2.01 The initial term of this Agreement shall be for three years, from /v4l'C'fL(i 1 / , kP� 199 8 , until N4Ve/,1bet' 1/, „ . Thereafter this contract will automatically 410 / ooh renew upon the same terms and conditions until the Agreement is terminated according to the provisions of Paragraph 2.02. i 2.02 Subject to the provisions of Paragraph 2.07 either party may terminate this Agreement by providing written notice to the other party. Such termination shall not be effective, and TAMU shall continue to provide domestic sanitary wastewater treatment services, until CITY is able to find an alternate method of treating said wastewater, or one (1) year from the date of receipt of notice of termination, whichever occurs first. 2.03 In the event the constituent characteristics of the domestic sanitary sewer wastewater as described herein, causes a violation of the TAMU TNRCC permit, TAMU may immediately disconnect, or plug, the connection to its sewer system until the condition is cured. Further, under these conditions, the CITY agrees to be liable for regulatory fines to TAMU associated with each such permit violation. 2.04 During the term of this agreement, TAMU agrees to and shall treat the quantities of domestic sanitary sewer wastewater described herein. 2.05 If the average daily wastewater flows exceed those estimated herein by more than 50% over a three -month period, either party may initiate termination. 2.06 If the TAMU wastewater flows approach the planning for expansion threshold established in the TNRCC permit either party may initiate termination. 2.07 For either of the hydraulic situations described in paragraphs 2.05 or 2.06 above, TAMU and the CITY agree to explore other alternatives to termination such as a CITY offsetting contribution toward costs associated with planning for and providing additional treatment capacity. t. Page 2 of 8 Contract No. 97 -183 lahlc: luserf lelconfracflfamulda.doc 10/8/98 3. Terms and Conditions of Service 3.01 CITY will furnish to TAMU at the point of delivery designated by TAMU during the term of this Agreement domestic sanitary sewer waste in the amounts and constituent characteristics as described in Section 1 above and facilities contained thereon. 3.02 At the point of delivery designated herein, title and responsibility for the domestic sanitary sewer wastewater shall pass from CITY to TAMU. 3.03 CITY will 'design, construct own and maintain an 8 -inch gravity sewer line to connect the facility to the point of delivery. The diagram attached hereto as Exhibit "A" depicts the layout for the location of the improvements on each party's respective property. The parties hereto agree that the sanitary sewer line constructed shall be according to CITY's plans and specifications in compliance with TNRCC requirements. 3.04 Prior to connection to the TAMU sewer the CITY shall show the point of delivery in a scaled drawing and deliver it to TAMU. No construction upon TAMU property will be initiated prior to written authorization from TAMU, which authorization shall not be unreasonably withheld. 3.05 The City and TAMU mutually agree to the normal and customary practice in restoring any service interruption. 3.06 CITY agrees to obtain TAMU concurrence for any construction or maintenance activities with this connection. 3.07 CITY agrees to restore any damaged landscaping, paving, irrigation etc. disturbed as a result of construction or maintenance of this connection. 4. Wholesale Contract Rate The rate charged by TAMU and paid by CITY on a monthly basis shall be the rate TAMU charges Auxiliary Enterprises on campus. 5. Metering The parties agree that the monthly quantity of domestic sanitary sewer waste for billing purposes will be equal to 100% of the quantity of potable water delivered by CITY to any facility served by this connection, as metered and billed to the facility by CITY. CITY will furnish, install, operate, and maintain at its expense the necessary equipment and devices of standard type required for properly measuring the quantity of potable water furnished to the facilities. TAMU shall have access to such metering equipment at all reasonable times for inspection and examination. If CITY is unable to read any meter at the end of a month, CITY shall estimate the quantity of potable water furnished to the facility in accordance with its standard billing practice. Reconciliation of actual to estimated billing will be made within three months of the estimated billing. Page 3 of 8 Contract No. 97 - 183 lahlc:lurerf letcontraclttamulaa.doc /0/8/98 6. Payment 6.01 CITY shall provide TAMU with metered monthly quantities on or about the /611t day of each month. Billing shall be rendered by TAMU on or about the�f{1 day of each month. CITY shall make payment not later than 30 days after the billing date of each month. 6.02 The obligation of the CITY to make payments under this Agreement shall constitute an operating expense of its wastewater system payable solely from the revenues and receipts of such system. 7. Capacity TAMU represents that it currently has sufficient capacity at its wastewater treatment plant to accept and treat the domestic sanitary sewer wastewater, of hydraulic and constituent characteristics described herein. Additionally, TAMU represents that accepting the additional estimated flows, of the hydraulic and constituent characteristics described herein, will not violate any current terms of their wastewater permit issued by the TNRCC or the EPA. 8. Hold Harmless CITY and TAMU agree to hold each other harmless from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or for any breach of contract, arising out of or in connection with the work done under this Agreement to the extent authorized by the laws and Constitution of the State of Texas. 9. Force Majeure If for any reason of "force majeure," either CITY or TAMU shall be rendered unable, wholly or in part, to carry out its obligation under this Agreement, other than the obligation of CITY to make the payments required under the terms of this Agreement, then if the party shall give notice of the reasons in writing to the other party within a reasonable time after the occurrence of the event, or cause relied on, the obligation of the party giving the notice, so far as it is affected by the "force majeure," shall be suspended during the continuance of the inability then claimed, but for no longer period. The term "force majeure" as used in this Agreement shall means acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemy, orders or actions of any kind of government of the United States or of the State of Texas, or any civil or military authority, insurrections, riots, epidemics, land slides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraints of government and people, civil disturbances, explosions, breakage or accident to machinery, pipelines, or other structures, partial or entire failure of wastewater collection and treatment system including pollution (accidental or intentional), and any inability on the part of TAMU to transport or treat wastewater on account of any other cause not reasonably within the control of the Nifty claiming the inability. Page 4 of 8 Contract No. 97 -183 rah lc: lu serfs lelcontractllam uW a. doc 10/8/98 10. Invalidity If any provision of this Agreement shall be held to be invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 1 1. Notices and Payriients 11.01 Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person to the individual listed in Paragraph 11.02 herein, or if it is delivered or sent certified mail to the address listed in Paragraph 11.02 herein. 11.02 All notices and payments shall be sent and provided to the parties at the addresses and\telephone numbers listed below: CITY OF COLLEGE STATION Attention: Director of Public Utilities 1601 Graham Road College Station, Texas 77845 TEXAS A &M UNIVERSITY Attention: Vice President for Administration Mail Stop 1247 TAMU College Station, Texas 77843 11.03 The parties may change addresses for billing and payment upon thirty (30) days written notice sent certified mail, return receipt requested. Any other notices provided or required in this Agreement, except for change of address for billings and payments, may be provided by written notice or other means as provided in this Agreement. 12 Entire Agreement It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent or employee of CITY, either before or after the execution of this Agreement, shall affect or modify any of the terms or obliga- tions hereunder. Page 5 of 8 Contract No. 97 -183 lahlc: fuser filelcontrac(tamulila.doc 10/8/98 13. Amendment The parties may amend this agreement upon mutual agreement of the parties. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing, approved by the appropriate authority of each respective entity, and signed by duly authorized representatives of both parties. 14. Texas Law • This Agreement has been made under and shall be governed by the laws of the State of Texas. 15. Place of Performance Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 16. Authority to Enter Contract Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective entities. 17. Waiver Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in any way affect the validity of this Agreement, any part hereof, or the right of either party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 18. Agreement Read The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 19. Assignment This Agreement and the rights and obligations contained herein may not be assigned by TAMU or CITY without the prior written approval of thg other party. Page 6 of 8 Contract No. 97 -183 lahk:luse le contractltamultla.doc 10/8/98 20. Multiple Originals It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. SIGNED this the /1544 day of //'/?'4- , 1998. TEXAS A &M UNIVERSITY CITY OF COLLEGE STATION Qi BY: \kL,..;- BY: " ..... William B. Krum, is - President Lynn Ilhaney, Mayor Finance Department • }TEST: . i J.. , ' lit l' o ie Hoo s, ity • ecretary Date: / • AP OVED: Ge g K. Noe, City Manager D t • t —/ 2 a City A ttorn IN Date: v Charles Cryan, D' for of Fiscal Services Date: /( / - 1 7 STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF BRAZOS § This in me was acknowledged before me on the 416:1- dray ok © C - o o e{L , Y 1998 b :I v .r- • ' � c.�n -in , i hi capacity as V P. tat_ ►"i )iiA)ce of the Texas A &M University, an agency of the State of Texas, on its behalf. WANDA R TAYLOR :( 0 NOTARY PUBLIC State of Texas tary Public in and 1 A � c � Comm. Exp. 07- 25.2001 the State of Texas Page 7 of 8 Contract No. 97 -183 lahic :4uufiklcontracAtamuVla.doc 10/8/98 STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF BRAZOS § This instrument was acknowledged before me on the /I day of 70 1998, by Lynn Mcllhaney, in her capacity as Mayor of the City of College Station, a Texas home - rule municipality, on behalf of said municipality. I g .. I ' ► Notary Public in and for CONNIE HOOKS • `0•":4 Notary Pub'to State of Texas 1 the State of Texas 4 g ' v MY Commission Expires i ' . • FEBRUARY 18, 2002 Page 8 of 8 Contract No. 97 -183 aahlc:luse filetoontractitamuVla.doc 108 EXHIBIT "A" DIAGRAM FOR THE LAYOUT FOR THE LOCATION OF THE IMPROVEMENTS �G I \ 0 or° S 167 • Page 9 of 8 Contract No. 97 -183 laltkAuse fiklcortractltamullla.doc 10/898 A(jg 26 -99 09:04 - P.O1 ., • u ' r / \ TEXAS A &M UNIVERSITY Physical Plant Department College Station. Texos 77843 -1371 (409)845.1232 FAX (409) 845 -0051 Assistant Vice President for Physical Plant 18 June 1999 MEMORANDUM TO: SUBJECT: Utility Rates FY 2000 For your budgeting purposes, we have established the following utility rates for FY 2000: FY00 Units Electrical Power $ 0.056 per Kwh Heat $ 0.95 per Sq. Ft. Domestic Hot water $12.00 per 1,000 gal. Domestic (Potable) Water $ 1.06 per 1,000 gal. Chilled Water $ 1.62 per Sq. Ft. Wastewater (Sewer) $ 2.36 per 1,000 gal. Steam $ 7.26 per 1,000 lbs. vr i / 6-?, 4 Charles • X. . .ial, Sr. cc: Dr. Jerry Gaston Mr. Tom Hagge Ms. Janet Durrant Mr. Fred Navarrete