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Res 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 Page 1 of 11 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. Page 3 of 11 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. Page 4 of i l 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. Page 5 of 11 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. Page 6 of 11 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, Page 7 of 11 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 � ` 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. Page 9 of I 1 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 Page 10 of 11 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% Page 11 of 11 Town of Westlake Res 17-41