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Res 068-91 4/16/1991RESOLUTION NO. 1p yl RESOLUTION TO APPROVE CONTRACT WITH DEPARTMENT OF AIR FORCE (SHEPPARD AIR FORCE BASE) FOR TREATMENT OF MUNICIPAL AIRPORT SEWAGE WHEREAS, the City of Wichita Falls operates the Municipal Airport on land leased from the Federal Government at Sheppard Air Force Base; WHEREAS, sewage from the Municipal Airport is pumped to the Sheppard Air Force Base sewage collection system and is treated in the Sheppard Air Force Base Wastewater Treatment Plant, said utility service being provided under contract between the City and the Base; WHEREAS, the utility rates for the service have been recalculated and Sheppard Air Force Base desires to enter a new contract for the purposes stated; and, WHEREAS, the Council desires to approve the attached proposed contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The said attached contract as amended is hereby approved and the City Manager is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED THIS THE 16TH • OF AP' L 199 M A O R ATTEST: A1'1W4Z(Melybed-// CITY4 RK P UTILITY SALES CONTRACT DEPARTMENT OF THE AIR FORCE Issued by: Base Civil Engineering, Sheppard AFB, Texas Estimated Annual Receipts: $ 2,377.58 This contract is entered into as of 19 March 1991, by and between the United States of America, hereinafter called the Government, represented by the Base Civil Engineer executing this contract, and hereinafter called the Government, and City of Wichita Falls (Municipal Airport) whose address is Route 4, Box 8, Wichita Falls, Texas 76301, hereinafter called the purchaser. Witnesseth That: Whereas, the Government has sewage service, (hereinafter called utility service) established on or near Sheppard Air Force Base; and whereas, the purchaser desires to obtain such utility service from the Government; as for Municipal Airport Facilities, and Whereas, such utility service is not available from local, private, or public sources; and Whereas, the sale of such utility service is in the interest of national defense or in the Public interest; and Whereas, the sale of such utility service is authorized by Title 10 USC 2481. Witnesseth that the parties hereto do mutually agree as follows: This contract will cancel any previous contract (dated 18 Oct. 71) and amendments. I I I 11 I I Page 3 of 8 pages NAgent Item No. 10.d. ii GENERAL PROVISIONS MI 1. SERVICES TO BE RENDERED: Subject to the terms and conditions hereinafter set forth, the Government will furnish, subject to the limitations provided herein, and the purchaser will receive and pay for, such utility service as described in Special Provisions: Sewage, attached hereto and made a part hereof. 1 II 2. RATES AND PAYMENTS. For and in consideration of the performance of the 1stipulationsofthiscontract, the Purchaser shall pay the Government for service herein contracted for, at the rate(s) and under the terms and conditions set forth in attached Special Provisions Sewage. The Government IIIwillrendermonthlystatementstothepurchaserandallbillsforutilityIserviceswillbedueandpayablefifteendaysafterthedeliveryofsaidbills. 3. USE OF SERVICES. The Government, by reason of this contract, is not obligated to permanently supply the Purchaser with utility service. The services described herein are temporarily supplied as an accommodation to NJ Purchaser, as the Government service is presently available, service is not otherwise readily obtainable by the Purchaser, and the furnishing of such Mimiserviceundertheexistingconditionsisdeemedtobeinthepublicinterest. Purchaser's use of such service is limited to such time as service can be .1119suppliedbytheGovernmentassurplustoitsownneedsandisnotreadily available to the Purchaser from another source. Purchaser shall use the services provided herein in such a manner as not to, in anyway disrupt or interfere with the requirements of the Government or any other Purchaser that III! may be served by the Government. Such service shall be for use by Purchaser 1 and shall not be purchased for resale.J 4. CHANGE OF RATES: If, during the life of this contract, there should be a change in cost to the Government, plus or minus 10%, the contract rates set forth herein will be adjusted as required to conform therewith and the Government agrees to furnish, subject to the conditions set forth herein, and IIIIPurchaseragreestotakeandpayforsuchservicesattheadjustedratesfrom and after the date when such adjusted rates are made effective. 5. LIABILITY. The Purchaser shall hold and save the Government, it's officers, agents and employees harmless from liability of any nature or kind, for or on account of any claim or action that may be asserted in connection with the services furnished under this contract. 6. TERMINATION. Services under this contract may be terminated by either party by written notice not less than thirty (30) days in advance of the effective date of termination. 7. RECAPTURE. In the event of a national emergency the Government shall have the right to recapture any facilities that may have been provided incident to the furnishing of any utility service to Purchaser, and to immediately terminate the supplying of such service. Page 4 of 8 pages AgendaIttem No. 10.d. 8. SUSPENSION. The Government shall have the right to suspend or terminate the utility service in whole or in part if the Government utility service is interrupted or curtailed, of if such utility service becomes available from other local sources. The Government shall not be held liable for such suspension or termination, and shall not be required to continue the utility service for the necessity of the Purchaser. 9. DISPUTE. Except as otherwise specifically provided, the installation commander or his designated representative will decide all disputes concerning questions of fact that arise under the contract and are not disposed of by mutual agreement. The commander will put his decision in writing and mail a copy to the purchaser who, within 30 days from mailing, may appeal to the Secretary of the Air Force. The Secretary's decision, or that of his designated representative, or representatives, will be final and conclusive upon both parties. Pending decision of such dispute, the purchaser will proceed diligently with the performance of the contract. 10. LICENSE FOR FACILITIES. The Government hereby grants to the Purchaser a license to enter any service location on Government property for any proper purchase under this contract, including use of the site or sites agreed upon by the parties hereto for the installation, operation and maintenance of the facilities of the Purchaser. It is expressly understood, however, that proper military or Governmental authority may limit or restrict the license herein granted in any manner considered by such authority to be necessary for the national security. 11. PURCHASER'S FACILITIES. The Purchaser, at it's expense, shall furnish, install, operate, and maintain all facilities required to obtain service, including suitable metering and regulating equipment and service connections to the Government's utility system. The construction and maintenance of such facilities shall be subject to the approval and supervision of the Base Civil Engineer. 12. REMOVAL OF FACILITIES. Upon termination of this contract, the Purchaser, at it's expense, shall promptly remove all facilities installed by the Purchaser, and restore Government land and facilities to their original condition. If the Purchaser fails to remove such facilities within ninety 90) days after the effective date of termination, they shall be considered abandoned and title thereto shall vest in the Government without further action. 13. OFFICIALS NOT TO BENEFIT. No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract, or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. Page 5 of 8 pages Agenda Item No. 10.d. n 1 14. COVENANT AGAINST CONTINGENT FEES: The Purchaser warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon any agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona established commercial or selling agencies maintained by the Contractor of the purpose of securing business. For breach or violation of this warranty the Government shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration the full amount of such commission, percentage, brokerage, or contingent fee. 15. ALTERATIONS. None. 16. CONTRACTUAL CONTENTS. This contract consists of the following: Cover I sheet and General Provisions, three (3) pages, Special Provisions Sewage Service — one (1) page. I i I IN WITNESS WHEREOF, the parties hereunto have executed this contract as of the day and the Year first above written. NAME OF PURCHASER UNITED STATES OF AMERICA City of Wichita Falls, Municipal Airport SIGNATURE SIGNATURE OF BASE CIVIL ENGINEER 1"-- 9.?"-; - BY TYPED NAME AND TITLE TYPED NAME OF BASE CIVIL ENGINEER HOWARD E. SELHEIMER, Colonel, USAF Commander, 3750 Civil Engineering Squadron I BUSINESS ADDRESS Route 4, Box 8 Wichita Falls. TX 76301 I U I p Page 6 of 8 pages AgendaIttem No. 10.d_ SPECIAL PROVISIONS SEWAGE SERVICE 1. Estimated Requirements: Estimated annual consumption 1760 K Gal. The parties hereto are not obligated to deliver or receive, nor are they restricted to, the above amounts.) 2. Point of delivery: The point of delivery of Sewage service shall be the point of connection with the Government's Sewage mains and located near the Sewage lift station. r 3. Quality of Service: The Government will supply the same quality of service as supplied to Sheppard Air Force Base. 4. Rate: The rate to be charged the Purchaser by the Government for the- sewage service described herein, is as follows: a. $ 1.3509 for each K Gal. 5. This rate will be updated in October of each year. 6. Metering and Billing: Water usage for the municipal airport and the readiness area will be determined by meter readings where meters exist and by estimation where meters do not exist. For sewage service the Purchaser shall be charged for the difference in 70% on the municipal airport water usage minus 70% of the readiness area water usage. If meters are found to be in error, the billings will be estimated by BCE pending meter repair. a. Bills will be rendered monthly to the Purchaser by the Government. b. Usage for above point(s) of delivery determined by Civil Engineering, Sheppard AFB, Texas. 1000 Gallons Page 7 of 8 pages Agentem No. 10.d.