HomeMy WebLinkAboutInterlocal Agreement AMENDMENT NO. 'I
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; and
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
amend the Interlocal Agreement dated November 11, 1998, with Texas ABM 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 13242 of the
TEXAS WATER CODE; and
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 Commission
on Environmental Quality 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 TCEQ Permit to be violated; and
WHEREAS, CITY desires to increase the number of connections provided for
under the Interlocal Agreement dated November 11, 1998, (the "original Agreement");
NOW, THEREFORE, for and in consideration of the promises and agreements
contained herein and the recitations set forth hereinabove, the parties hereby amend
the original Agreement pursuant to the above-named act to authorize CITY to increase
the number of connections and the amount of wastewater to be discharged under the
original Agreement and to increase the amount of wholesale domestic sanitary
wastewater treatment services on behalf of CITY under the following terms and
conditions.
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1. Description of the Waste Water
1.01 The estimated daily average wastewater flow rate for each designated
point of delivery is as follows:
1.01,1 Delivery Point ACallaway House) 39,000 gallons
1.01.2 Delivery Point B (Pornada Tract) 48,000 gallons
1.02 The estimated daily peak wastewater flow rate for each designated point
of delivery is as follows:
1.02.1 Delivery Point A (Callaway House) 117,000 gallons
1.02.2 Delivery Point B (Pomade Tract) 144,000 gallons
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 stormwater and unpolluted discharges,
1.05 The CITY will remit to TAMU any surcharge for wastes of abnormal
strength as defined in the CITY 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 initial 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 Agreement was automatically renewed for three (3) years, on
November 12, 2001, and will continue until November 11, 2004.
Thereafter this contract will automatically renew every three (3) years
upon the same terms and conditions until the Agreement is terminated
according to the provisions of Paragraph 2.02. This amendment does not
alter the term of the original Agreement as renewed and shall take effect
immediately after it is full executed in accordance with Section 13 herein.
2.02 Subject to the provisions of Paragraph 2.07, either party may cancel 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 TCEQ
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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 fity percent (50%) over a three-month period, either party may
initiate termination.
2.06 If the TAMU wastewater flaws approach the planning for expansion
threshold established in the TCEQ permit, either patty 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.
3. Terms and Conditions of Service
3.01 CITY will deliver to TAMU at each 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 each 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 adequately sized sewer
system to connect to each point of delivery. The diagrams attached
hereto as Exhibits "A" and "B" depict the layouts for the location of the
improvements required for Delivery Points A and B respectively. The
parties hereto agree that the sanitary sewer line constructed shall be
according to CITY's plans and specifications in compliance with TCEQ
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.
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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 (3) months of the estimated billing.
6. Payment
6.01 CITY shall provide TAMU with metered monthly quantities on or about the
5 day of each month. Billing shall be rendered by TAMU on or about the
25' day of each month. CITY shall make payment not later than thirty
(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 TCEQ or the EPA.
8. Hold Harmless
To the extent permitted by law and subject to the limitations as to damages in
the Texas Tort Claims Act, 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
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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 dunng 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 YAMU to
transport or treat wastewater on account of}any other cause not reasonably within the
control of the party claiming the Inability.
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.
11. Notices and Payments
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
With a copy to: City Manager and City Attorney
1101 Texas Avenue
College Station,TX 77840
TEXAS A&M UNIVERSITY
Attention: Vice President for Administration
Mail Stop 1247
TAMU
College Station, Texas 77843
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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 obligations
hereunder.
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 wilting, 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 and Venue
Performance and all matters related thereto shall be in Brazos County, Texas,
United States of America and venue shall lie in a court of competent jurisdiction in
Brazos County, Texas.
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.
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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 the other party.
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 q1L- day of Aram 2001k
TEXAS_ &M UNIV CITY OF COLLEGE STATION
. l „
...
By. By: g'11. 4
1. K. Sue Redms Ron : via, Mayor
Senior Vice-President & CFO
ATTEST:
adzfrg,
Connie Hooks, City Secretary
APPROVED:
ROV-4A4'We92,144,1
City Attorney
j/v7,594: 11„=475-6-L„'-----d
omas E. Brymer, City Manager
47P4
C arles Cryan, Di for/Fiscal Services
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STATE OF TEXAS )
ACKNOWLEDGMENT
COUNTY OF BRAZOS )
T ' 14; t e _yam acknowledged before me on this day of Jug 1 �
2Q0+' by �9� rir t"r ' p y _ __ _ :,..,.
edm n in her capacity as Senior VI' & CFO . '
University, an agency of the State of Texas, on its behalf,
`�r-
/
I.
. : "uilic and for
the tate of Texas /
SUSAN H.WAGER
'+E my CCMIA1S5P N FXP1RES
Ootbar 7,2005
STATE OF TEXAS )
ACKNOWLEDGMENT
COUNTY OF BRAZOS )
This instrument was acknowledged before me on thiI day of
2003, by Ron Silvia in his capacity as Mayor of the City of College Station, a Texas
home-rule municipal corporation, on its behalf.
0.411/2„...e 4.94...2_,...
Notary Public in and for
the State of Texas
.•:.
COWNIE ti0OKS
a ., ....„-..i_-'„.yk wary pugwc,Sias or Texas
OP I My mibolas 4 i
• FEBRU,SAY 18,200•5
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