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Res 2357 7/3/1979 RESOLUTION NO. 3S 7 RESOLUTION APPROVING SEWAGE SERVICE CONTRACT WITH THE UNITED STATES OF AMERICA, CONTRACT NO. F41612-79-S-0001. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain Sewage Service Contract, Contract No. F41612-79-S-0001, a copy of which is attached hereto, between the City of Wichita Falls and the United States of America, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED this the 3rd day of July, 1979. A Y 0 R ATTEST: aCity Clerk UTILITY SALES CONTRACT DEPARTMENT OF THE AIR FORCE Sewage Service Contract Contract Number: F41612-79-S-0001 Issued by: Base, Contracts Office Sheppard AFB, Tx 76311 Estimated Annual Receipts $41,975 This contract is entered into as of 01 Nov, 1979, by and between the United States of America, ereinater called the Government, represented by the contracting officer executing this contract, and City of Wichita Falls whose address is Wichita Falls, Tx hereinafter called the purchaser. Witnesseth That: Whereas, the Government has Sewage service(s) (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 See attached map; and Whereas, such utility service is not available from local, private, or public sources; and Whereas, such utility service is confined to sales for con- sumption, not for resale; 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: Page 1 I Contract Number: F41612-79-S-0001 Page 2 GENERAL PROVISIONS 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 Provision Sewage Service attached hereto and made a part hereof. 2 . RATES AND PAYMENTS . For and in consideration of the per- formance of the stipulations of this contract, the Purchaser shall pay the Government for service contracted for, at the rate and under the terms and conditions set forth in attached Special Provision Sewage Service. The Government will render monthly statements to the purchaser and all bills for utility services will be due and payable fifteen days after the delivery of said bills. 3. USE OF SERVICE. 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 Purchaser, as the Government service is presently available, service is not otherwise readily obtainable by the Purchaser, and the furnishing of such service under the existing conditions is deemed to be in the public interest. Purchaser 's use of such service is limited to such time as service can be supplied by the Government as surplus to its own needs and is not readily 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 may be served by the Government. Such services shall be for use by Purchaser and shall not be purchased for resale. 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 Purchaser agrees to take and pay for, such services at the adjusted rates from and after the date when such adjusted rates are made effective. 5. LIABILITY. The purchaser shall hold and save the Government, its 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. Contract Number: F41612-79-S-0001 Page 3 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. 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, or 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 . DISPUTES . 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 I Government property for any proper purpose 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 its expense, shall furnish, install, operate, and maintain all facilities required to obtain service. The construction and maintenance of such facilities shall be subject to the approval and super- vision of the contracting officer. Contract Number: F41612-79-S-0001 Page 4 12 . REMOVAL OF FACILITIES . Upon termination of this contract, the Purchaser, at its 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. 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 an agreement or under- standing for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established selling agencies maintained by the Contractor for 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 Sheet and General Provisions - 4 pages, Special Provisions Sewage Service 1 page. 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 SUNATUKEw SIGNATURE OF CONTRACTING OFFICER BY Gerald G. Fox, City Manager BY _ TYPED NAME AND TITLE TYPED NAME OF CONTRACTING OFFICER P.O. Box 1431, Wichita Falls, Tx 76307 BUSINESS ADDRESS Attached to and made a part of Contract No F41612-79-5-0001 SPECIAL PROVISIONS SEWAGE SERVICE 1. Estimated Requirements: Estimated daily maximum demand 500 KGAL.* Estimated annual consumption 182, 500 KGAL. (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 shall be the point of connection with the Governments sewer mains and 1 located at the Base Sewer plant. I 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: $ . 23 for each KGAL. I5. Metering and Billing: Sewage service will be measured by meter installed and maintained by City of Wichita Falls, and bills will be rendered monthly to the purchaser by the Government. Meters will be tested annually and a copy of the test furnished to the Contracting Officer. 1000 Gallons. 501 Attached to and made a . part of Contract F41612--79- M N Ira/p D / .yy W � r . a or, MN Af 0� 1 qr CM tL 4 OD W l / / W Ar ID � ( to j \\\ 00 4pr U _— •!•• Jim ��. .-.� m m � u• � ce ,®r��+ to ., m �' , •r 4i lj i'r �_' _"t-_ .i• r.•.. / ? (U wAl - `!,� 40 Uri fv � --- �+ . ff" Kj Aft 4I m X t 1 n \ cn t LL m to r I{ U : •• IN,x — —_—.. — — LO $$$ N 0040 05"E� ._,� i F T — �' '