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Res 1472 10/8/1973F I RESOLUTION NO. /1/7,1i RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. P00003 WITH THE UNITED STATES CONCERNING RECONSTRUCTION OF LAKE KEMP. WHEREAS, the City of Wichita Falls, Wichita County Water Improvement District No. 2 and the United States entered into Contract DACW56-67-C-0252 concerning the reconstruction of the dam and spillway at Lake Kemp; and, WHEREAS, the parties desire to clarify the expenditure and reimbursement of City of Wichita Falls and Wichita County Water Improvement District No. 2 funds in the operation and maintenance of Lake Kemp by the United States. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Supplemental Agreement No. P00003 , a copy of which is attached hereto, between the City of Wichita Falls, Wichita County Water Improvement District No. 2 and the United States is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED THIS THE 8TH DAY OF OCTOBER, 1973. i M A Y O R ATTEST: City lerk l v! , 1 Contract No. DACW56-67-C-0252 Supplemental Agreement No. P00003 SUPPLEMENTAL AGREEMENT Lik THIS SUPPEEWENTAL AGRFITENT, entered into this- day of 1973 by and between the UNITED STATED OF AMERICA, represented by the cnriI: actit'1 officer executing this agreement, and the CIri OF WICFTTA FALLS, 1•i:'iA , a body politic and corporate existing uncle,: the laws •of_ the State of Texas, and .UICNI''A COUNTY WATER IMPROVEMENT DI3TR.ICT NO. 2, a body Ituli+: ao.i corporate existing .under the lows of the State. of Texas, with its v.:i.n,if:ill offke and place of business in the City of Wichita Falls, State e: . exas . WTTUESSETH THAT: 0 i':' 'R1':';,. or 5 Sc:pt: r,,,er 1967, the parties hereto entered into C^^.tract o. 655--67-C-025:'. fur the Reconstruction of Lake Kemp on the Wichita Rive:: in La Lor County. Texas; and f;rji+c'':t-'er:t and Owners now desire to change the navrtent rerlt:E.ncv ;:Or the Ccr rr ^..:r:t 's share of actual operation, rmaintenance_, and costs; :ir1•J the Cevcrnmeut: and Owners Further desire to chance 1•1t• (.C•' t_, _ _t to '1"c'»•(,1c fcr reimiuriii I:}'c- owner for sul'er Ji.sion and aOr.ei11iSt..rat'].On e:.he!t:-;ti• '-v '' n.ivin a t xec percent to direct ope'iation_ ann i.1.i.ht:..._.1C••' e:•:pC;1sc. r":1•.;ire adv r:ce .'.Iprrovel of the contracting officer fur rt_i.i o r . ail•': j.•rovii;c' ?o r.ctit_vi112 owner when fiscal year funds are a\-ai:l.ahi: for paymc-,ut of operation and maintenance expense; and ii: I?E1iS, the C: 'c'rn^.ent and the ('1.:ncr.; pow desire to change SW ro:?t;.r.. indic::icd and f'a'de agreed to• :..:di change upon the icrr.;, c irivatioru; herci_il.1f t:ei Sec out: l ::TORY, the Lavcrn:r.ent and the Owners lnl)tually agree that- said contract s:l c+.i.l. he c_hang'. in the following partir•ulars: Pa;,.ePa;,. i., i'rt i.clr ?.. :'l'1 the col l owf ng: t?'i'rvicAol ahi E:d1:''iniitrati.Je c:`.pen,e as it applies to this contract .i c:1nridc) .. a be :) ) cost_ of super-v i iOn admtinistrative upi! -n t :-u( h .2'77 h i i i r.; :.s Is, r•C;::ird Luc ni n,, , supplies, cost of procuv-m , :.rl!i ni.tler cost of edr01.nie rjtinn. 4, p•:1-n. cl. 1ar:.graph in Its entirety anal subst.itut4-? ci. "' Il (=overn:nont shall, subject to the avct .lrhi?.ity of funds, pay t:1 Iuwn.:rs i•'cric•c;.ca.l.)•y but no more often Ulan rltol:th .y as tFe. share allocated to flared c.untcol 51.6 r:.:rcent of actual operation, maintenance, and 1•,'p.l acemeat cost , incurred by owners during .ire previous month and/or h:'!ljllg period, upon c01'?C•enceuent of 'pt'rati.on of reconstructed project. 1 s. Payment will be made upon receipt of invoices, 4n quadruplicate, supported. by such evidence of actual costs incurred by the Owners as may he required by the contracting officer. If it becomes apparent that the frequency of1 iii billings creates en administrative burden, the billing cycle may be changed by mutual agreement. 1) Supervisicr and administrative expense shall he recovered by allnlyins a 5X burden on the Government's share of all direct operation and 3air.tenanre charges. This percentage can be chap: ed by mutual agreement after operation and maintenance has generated enough experienced cost to substantiate such a change. 2) The following shall require the advance written approval of the con tracting officer: a) Salary increases for operation and maintenance personnel, which shall he consistent with the owner's usual practises. b) Purchase of equipment (costing in excess of $].00) . r*; c) Najor maintenance or construction of new structures and/ortifacilities. JP4II 1) h'hc' (h,ner will he pdvi scc in t.7ritiriz e,(7h .t'ea'r, ',,}ion c' r,:e t 1ir::,1 yc:or funds are available for payment of operation and maintenance expense . wi Except as herein changed, the terms an= conditions of Contract No. DAC;J56-67-C-0252 shall remain in full force and effect. THE UNITED STATES OF AMERICA 1 I By 0/L.. 611:H:; G. DRISKILL jclonel, CE i Pi st riot Engineer Contracting Office;- w i J 1 CITY OF WICHITA FALLS, TEXAS J fittest: By WICHITA COUNTY WATER IMPROVE)•WNT tnsC //_, L<,,--, DISTRICT !<0. 2