HomeMy WebLinkAboutRes 17-41 Entering into a Interlocal Agreement with Roanoke for Water Quality Anlysis TOWN OF WESTLAKE
RESOLUTION NO. 17-41
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN
INTERLOCAL AGREEMENT WITH THE CITY OF ROANOKE TEXAS FOR
THE PROVISION OF DRINKING WATER QUALITY ANALYSIS IN THE
TOWN OF WESTLAKE.
WHEREAS, the Town owns and operates a public drinking water system; and
WHEREAS, the Texas Commission on Environmental Quality requires public
drinking water systems to perform water quality testing to protect the life, safety, and
welfare of the public; and
WHEREAS, Westlake encourages Interlocal government/regional cooperation
for provision of certain service deliveries; and
WHEREAS, Westlake desires to enter into an Interlocal Agreement with the City
of Roanoke to perform the required Chloramine Effectiveness/Nitrification Action Plan
water quality testing within the Town of Westlake; and
WHEREAS, the City of Roanoke is willing and has the personnel and equipment
necessary to perform the Chloramine Effectiveness/Nitrification Action Plan testing
within the Town of Westlake; and
WHEREAS, the Town Council finds that the proposed Interlocal Agreement
promotes regional cooperation and provides sound infrastructure maintenance and
planning; and
WHEREAS, the Town Council finds that the proposed Interlocal Agreement
with the City of Roanoke benefits the public and is in the best interest of the public.
NOW, THEREFORE,BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF WESTLAKE, TEXAS:
SECTION 1: That, all matters stated in the Recitals hereinabove are found to be
true and correct and are incorporated herein by reference as if copied in their entirety
SECTION 2: That the Town of Westlake Town Council does hereby authorize
the Town Manager to enter into the Interlocal Agreement, attached as Exhibit "A".
Resolution 17-41
Page 1 of 2
SECTION 3: If any portion of this Resolution shall, for any reason, be declared
invalid by any court of competent jurisdiction, such invalidity shall not affect the
remaining provisions hereof and the Council hereby determines that it would have
adopted this Resolution without the invalid provision.
SECTION 4: That this resolution shall become effective from and after its date
of passage.
PASSED AND APPROVED ON THIS 27th DAY OF NOVEMBER 2017.
ATTEST: � �.4",z
Laur L. Wheat, Mayor
( Qo 1
J-Y--
Kelly t dwards, Town Secretary Tomas E. Bry 'o n Manager
:t' �OF•wFS,T
APPROVE AS TO FP-RM: 0�•. �9
S ton L wr own Attorney _,� 7`'E�x AS
Resolution 17-41
Page 2 of 2
INTERLOCAL AGREEMENT FOR THE PROVISION OF
DRINKING WATER QUALITY ANALYSIS
IN THE TOWN OF WESTLAKE
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS AGREEMENT is made and entered into by and between the Town of Westlake,
Texas, a Type A general law municipal corporation, located in Tarrant County, Texas (hereinafter
referred to as "Westlake") and the City of Roanoke, Texas, a home rule municipal corporation,
located in Denton County, Texas (hereinafter referred to as "Roanoke").
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government
Code, authorizes city governments in the State of Texas to contract with one another for the
provision of various governmental functions and the delivery of various governmental services,
including those in the area of public health, sanitation, and utility services; and
WHEREAS,to ensure Public Water Systems are providing safe drinking water,the Texas
Commission on Environmental Quality (TCEQ) has implemented requirements for all Public
Water Systems to test drinking water to determine the effectiveness chloramine disinfection; and
WHEREAS, the provision of safe and reliable water throughout the Town of Westlake is
of vital importance to the health, safety, and welfare of the citizens of Westlake; and
WHEREAS, Westlake desires to secure and maintain adequate water quality resources to
ensure for the health, safety, and welfare of the citizens of Westlake; and
WHEREAS, Chloramine disinfection effectiveness testing requires special laboratory
equipment and training; and
WHEREAS, the Westlake desires to foster and promote region cooperative efforts; and
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Town of Westlake Res 17-41
WHEREAS, The Town of Westlake has requested assistance from the City of Roanoke to
provide the chloramine effectiveness testing; and
WHEREAS, the Roanoke is desirous of furnishing the chloramine effectiveness testing
services to the Westlake; and
WHEREAS, Westlake and Roanoke have concluded that this Agreement fairly
compensates the performing party for services being provided hereunder; and
NOW,THEREFORE, for the mutual consideration herein stated, Westlake and Roanoke
agree as follows:
1
Water Quality Analysis Services
Roanoke agrees to provide all personnel, equipment, and supplies necessary to perform the
chloramine disinfection effectiveness testing approved by applicable state and federal regulatory
standards. Chloramine disinfection effectiveness testing will be conducted in accordance with
"Exhibit A".
2
Billing
Roanoke shall bill Westlake monthly for the costs of services provided according to the rates
prescribed in "Exhibit B". Roanoke shall document in an itemized monthly invoice the
number of hours spent by staff, including equipment and supplies used when conducting
chloramine effectiveness testing on behalf of Westlake. Within thirty (30) days of receipt of
the itemized bill, Westlake shall remit payment to Roanoke.
Page 2 of 11
Town of Westlake Res 17-41
Westlake will pay Roanoke for actual costs (direct labor, employee benefits, equipment rental,
materials and supplies, utilities, permits, and administrative overhead costs) for the services
provided by Roanoke as set forth in"Exhibit B". Administrative overhead costs for each work
item shall be charged at a rate of 10% percentage of direct labor costs. Roanoke shall receive
compensation for the performance of services and its duty related to chloramine effectiveness
testing in accordance with of this Agreement.
3
Payment for Services
Each party paying for the performance of governmental functions or services hereunder
shall make those payments from current revenues available to the paying party.
4
Applicable Law
This Agreement and any of its terms and provisions, as well as the rights and duties of the
parties hereto shall be governed by the laws of the State of Texas. This Agreement is fully
performable in Denton County, Texas, and in the event that any cause of action is filed by either
party arising out of the terms of this Agreement, the exclusive venue for said lawsuit shall be in
Denton County, Texas.
5
Severability
In the event that any portion of this Agreement shall be found to be contrary to law, it is
the intent of the parties hereto that the remaining portions shall remain valid and in full force and
effect to the extent possible.
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Town of Westlake Res 17-41
6
Authority
Each party certifies that the undersigned officers and/or agents of the parties hereto are the
properly authorized officials and have the necessary authority to execute this Agreement on behalf
of the parties hereto, and each party hereby certifies to the other that any necessary resolutions or
orders extending said authority have been duly passed and are now in full force and effect.
7
Term and Termination of A14reement
The term of this Agreement shall begin on January 1, 2018 and shall be effective for twelve
(12) months from that date, and it shall renew automatically thereafter for another twelve (12)
months, said renewals continuing indefinitely, PROVIDED, that any party herein shall have
the right to terminate this Agreement at the end of any calendar year only, for any reason
whatsoever, upon giving the other party a minimum of ninety (90) days written notice in
advance of the date sought for such termination. Any notice required or permitted to be given
under this Agreement shall be deemed sufficient if given in writing and sent by registered or
certified mail to the official mailing address of Westlake or Roanoke.
8
No ioint enterprise
No provision of this Agreement shall be construed to create any type of joint ownership of
any property,to create a partnership,joint venture or other agreement of any kind, or to create any
right of partial control, ownership of or equity in the other municipalities' facilities described
herein. Furthermore, the parties hereto acknowledge and agree that the doctrine of respondent
superior shall not apply between the municipalities.
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Town of Westlake Res 17-41
9
Notice
Any notice, communication or request provided or permitted to be given by either party to
the other party must be in writing and addressed as follows:
If to Roanoke:
City of Roanoke
Attn: City Manager
108 S Oak Street
Roanoke, Texas 76262
Telephone: (817) 491-2411
Facsimile: (817) 491-2411
and to:
City of Roanoke
Attn: Director of Community and Business Development
265 Marshall Creek
Roanoke, Texas 76262
Telephone: (817) 491-6099
Facsimile: (817) 491-3114
If to Westlake:
Town of Westlake
Attn: Town Manager
1500 Solana Blvd., Building 7, Suite 7200
Westlake, Texas 76262
Telephone: (817) 430-0941
Facsimile: (817) 430-1812
and to:
Town of Westlake
Attn: Director of Public Works
1500 Solana Blvd., Building 7, Suite 7200
Westlake, Texas 76262
Telephone: (817) 490-5717
Facsimile: (817) 430-1812
or to such other addresses as may be provided for in writing from time to time.
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Town of Westlake Res 17-41
10
Other agreements unaffected
This Agreement shall govern the provision of all chloramine effectiveness testing
performed by Roanoke for Westlake. All other interlocal agreements between Westlake and
Roanoke not changed in whole or in part by this Agreement shall continue in effect.
11
No waiver of immunity or defenses
This Agreement is made pursuant to Chapter 791 of the Texas Government Code. It is
expressly understood and agreed that in the execution of this Agreement, neither municipality
waives nor shall be deemed hereby to waive any immunity or defense that would otherwise be
available to it against claims arising in the exercise of governmental powers and functions, or any
damage limitation or other protection provided to municipalities under any applicable law. This
section shall be liberally construed to carry out the intent of each municipality's governing body,
and the municipalities do hereby invoke said governmental immunity to the extent possible under
the law.
12
No third party beneficiaries
It is understood by the parties that this Agreement is entered into for the mutual
convenience and public purposes of the municipalities which are parties hereto,and it is the parties'
intent that no other parties shall be construed as beneficiaries of this Agreement, including the
owners, residents, or operators of property connected to the N-1 collection main, regardless of
whether such persons are provided wastewater services under this Agreement.
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Town of Westlake Res 17-41
13
Section or Other Headings
Section or other headings contained in this Agreement are for reference purposes only and
shall not affect in any way the meaning or interpretation of this Agreement.
14
Amendment
This Agreement may only be amended, altered, or revoked by written instrument signed by
both parties.
15
Interpretation
Regardless of the actual drafter of this Agreement, this Agreement shall, in the event of
any dispute over its meaning or application, be interpreted fairly and reasonably, and neither more
strongly for nor against any party.
16
Counterparts
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument. This Agreement may be
executed in multiple originals.
17
Force Maieure
If, by reasons of Force Majeure, any party will be rendered wholly or partially unable to
carry out its obligations under this Agreement after its effective date, then such party will give
written notice of the particulars of such Force Majeure to the other party or parties within a
reasonable time after the occurrence of such event. The obligations of the party giving such notice,
to the extent affected by such Force Majeure, will be suspended during the period of the inability,
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Town of Westlake Res 17-41
provided that both parties agree to use good faith and exercise reasonable efforts to remove and
overcome such inability.
18
Mutual Assistance
The parties hereto agree to take all reasonable measures which are necessary or appropriate
to carry out the terms and provisions of this Agreement and to aid and assist each other in carrying
out such terms and provisions.
19
Exhibits
All exhibits to this Agreement are incorporated herein by reference for all purposes
wherever reference is made to the same.
Approved as to form and legality
CITY ROAN TOWN OF WESTLAKE
S ampbell, City Maria r Thomas BI wn anager
iCity Atto6 St&rton L. o Attorney
ATS ESZ T.
ATTEST:
om-1=���Q
April S. Hill, City Secretary Kelly'Edward's; Town Secretar
�a -r✓ 02�� t 4 1.�_t � t <y"�pF WEST
Date O O9 Date
to �
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7'E'A
Page 8 of 1 I
Town of Westlake Res 17-41
Exhibit "A"
Westlake Chloramine Effectiveness Sampling Plan
1. Chloramine Effectiveness Sampling
Rule Basis: Additional activities for source water under chloramine effectiveness requirements(30 TAC
§290.110(c)(5)(A)) are reported in an attached Nitrification Action Plan(NAP)(30 TAC §290.46(z)).
Frequency.-
To
requency:To establish baseline date for ammonia, mono-chloramine, nitrite and nitrate (all measured as
nitrogen), the monitoring will occur at the following frequency determined from the NAP and
process management criteria. Additional parameters such as temperature and pH will be determined
from the NAP.
Sample Frequency at Source Water
Total Chlorine Dail
Mono-chloramine Weekly
Free ammonia Weekly
Nitrite and Nitrate Weekly
Temperature Weekly
H Weekly
After baseline data is determined for ammonia, mono-chloramine, nitrite and nitrate (all measured
as nitrogen), the monitoring will occur at the following frequency determined from the NAP and
process management criteria. Additional parameters such as temperature and pH will be determined
from the NAP.
Sample Frequency at Source Water
Total Chlorine Dail
Mono-chloramine Weekly
Free ammonia Weekly
Nitrite and Nitrate Monthly
Daily Test shall be completed by Westlake as mandated by the State. Roanoke will conduct
this test weekly in concurrence with all other test.
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Town of Westlake Res 17-41
Location
The location of sample sites for chloramine effectiveness testing is contained in the table below.
Chloramine Effectiveness Sample Site Location Table
Disinfectant Address (Suggested subdivision, Reason for Representative Site
Residual Number ma sco,etc.
RT-1 2203 Kingfisher Vaquero "Located at a residence on an 8-inch distribution
loop representing average water age."
RT-2 13345 Thornton Southwest "Located on an 8-inch line in an area of
relatively low water age,one of the first
subdivisions near the Fort Worth interconnect."
RT-3 1810 Broken Bend Glenwyck Farms(Low "Located in the Low PP furthest from the Fort
PP) Worth I/C and represents a relatively high water
age.
RT-4 2341 Ottinger Rd. Centrally located in the "Located in an older rural area,off an 8-inch line
Town representing average water age."
RT-5 2111 Cedar Elm Vaquero South "Located on an 8-inch distribution lateral
representing a water age greater than the average
age."
DR-1 1900 Us Hwy 377 POE Point of Ent —automated Cl readings
DR-2 1481 Knox Keller EST centrally located in distribution system—
automated Cl readings
DR-3 Hwy 377 PS Pump Station Discharge header at Pump Station
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Town of Westlake Res 17-41
Exhibit"B"
City of Roanoke
Rate Schedule
Utility Maintenance Technician ..................................... $40/hr x 2
Utility Maintenance Supervisor ...................................... $80/hr x 2
Laboratory equipment/supplies....................................... $9.57/sample x 8 samples
Administrative Overhead............................................... 10%
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Town of Westlake Res 17-41