R-3518-9-17RESOLUTION NO. 3518-9-17(R)
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN
INTERLOCAL AGREEMENT WITH THE NORTH TEXAS MUNICIPAL WATER
DISTRICT (NTMWD), CITY OF ANNA, TEXAS, TOWN OF FAIRVIEW, TEXAS,
CITY OF FORNEY, TEXAS, CITY OF FRISCO, TEXAS, CITY OF HEATH, TEXAS,
CITY OF LUCAS, TEXAS, CITY OF MCKINNEY, TEXAS, CITY OF MELISSA,
TEXAS, CITY OF MESQUITE, TEXAS, CITY OF PARKER, TEXAS, CITY OF
PLANO, TEXAS, CITY OF PRINCETON, TEXAS, TOWN OF PROSPER, TEXAS,
CITY OF RICHARDSON, TEXAS, CITY OF ROCKWALL, TEXAS, CITY OF
SEAGOVILLE, TEXAS, REGARDING REGIONAL CAPACITY, MANAGEMENT,
OPERATIONS AND MAINTENANCE (RCMOM) PROGRAM; AUTHORIZING ITS
EXECUTION BY THE CITY MANAGER OR DESIGNEE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Allen, Texas, has been presented a proposed Interlocal Agreement
by and between the City of Allen, Texas, and the North Texas Municipal Water District (NTMWD), City of Anna,
Texas, Town of Fairview, Texas, City of Forney, Texas, City of Frisco, Texas, City of Heath, Texas, City of
Lucas, Texas, City of McKinney, Texas, City of Melissa, Texas, City of Mesquite, Texas, City of Parker, Texas,
City of Plano, Texas, City of Princeton, Texas, Town of Prosper, Texas, City of Richardson, Texas, City of
Rockwall, Texas, City of Seagoville, Texas, a copy of which is attached hereto as Exhibit "A" and incorporated
' herein by reference (herein called "Agreement') Regarding Regional Capacity, Management, Operations And
Maintenance (RCMOM) Program; and,
WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City
Council finds that the terns and conditions thereof are found to be acceptable and in the best interests of the City
of Allen and its citizens;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The Agreement is hereby approved, and the City Manager, or designee is hereby authorized to
execute the Agreement and all other documents in connection therewith on behalf of the City of Allen,
substantially according to the terms and conditions set forth in Exhibit "A" hereto.
SECTION 2. This Resolution shall take effect immediately from and after its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE Wit DAY OF SEPTEMBER 2017.
APPRO�D:
Stephen Terrell, MAYO
ATTEST:
Shelley'B. Ge e, SEC T�
INTERLOCAL AGREEMENT REGARDING REGIONAL CAPACITY,
MANAGEMENT, OPERATIONS AND MAINTENANCE (RCMOM)
PROGRAM
THIS AGREEMENT is made by and between the Member and Customer
Cities of the North Texas Municipal Water District Regional Wastewater System
(RWWS) listed herein: CITY OF ALLEN (ALLEN), the CITY OF ANNA (ANNA),
the TOWN OF FAIRVIEW (FAIRVIEW), the CITY OF FORNEY (FORNEY), the
CITY OF FRISCO (FRISCO), the CITY OF HEATH (HEATH), the CITY OF
LUCAS (LUCAS), the CITY OF McKINNEY (McKINNEY), the CITY OF
MELISSA (MELISSA), the CITY OF MESQUITE (MESQUITE), the CITY OF
PARKER (PARKER), the CITY OF PLANO (PLANO), the CITY OF
PRINCETON (PRINCETON), the TOWN OF PROSPER (PROSPER), the CITY
OF RICHARDSON (RICHARDSON), the CITY OF ROCKWALL (ROCKWALL),
the CITY OF SEAGOVILLE (SEAGOVILLE), and the NORTH TEXAS
MUNICIPAL WATER DISTRICT (NTMWD), acting by and through their City
Managers and Executive Director, respectively, or their duly authorized
representatives.
WHEREAS, in or near September of 2015, ALLEN, FORNEY, FRISCO,
HEATH, McKINNEY, MESQUITE, PLANO, PRINCETON, PROSPER,
RICHARDSON, ROCKWALL, SEAGOVILLE AND NTMWD entered into a
Memorandum of Understanding making agreements to work together in good
faith to establish a model written Regional Capacity, Management, Operations
and Maintenance (CMOM) program. A true and correct copy of that
Memorandum of Understanding (hereinafter "MOU") is attached hereto as
Exhibit A and is incorporated by reference herein; and
WHEREAS, the parties to the MOU did undertake and substantially
complete the tasks outlined in the MOU and have developed a Regional
Capacity, Management, Operation, and Maintenance Coordination Plan
(RCMOM) as described therein. The RCMOM prepared by NTMWD on or about
December 14, 2016 is incorporated herein by reference; and
WHEREAS, the MOU was executed by all Member Cities of the NTMWD
RWWS (specifically, ALLEN, FORNEY, FRISCO, HEATH, McKINNEY,
MESQUITE, PLANO, PRINCETON, PROSPER, RICHARDSON, ROCKWALL,
and SEAGOVILLE); and
WHEREAS, Customer Cities of the NTMWD RWWS are participating in
the RCMOM developed in connection with aforementioned MOU (specifically,
ANNA, FAIRVIEW, LUCAS, MELISSA, AND PARKER); and
INTERLOCAL AGREEMENT PAGE
WHEREAS, each of the Member Cities and Customer Cities who are
parties to this Agreement shall hereinafter be referred to as "Communities" within
this Agreement; and
WHEREAS, in order to implement portions of the RCMOM, it will be
necessary for NTMWD representatives and its contractors to access wastewater
pipelines and other wastewater facilities owned by the Communities; and
WHEREAS, in order to implement portions of the RCMOM, it will be
necessary for NTMWD to expend funds and other NTMWD resources; and
WHEREAS, the Interlocal Cooperation Act (Texas Government Code
Chapter 791) authorizes any local government to contract with one or more local
governments to perform governmental functions and services under the terms of
the Act; and
WHEREAS, implementing the RCMOM is a governmental function which
will benefit the citizens of all parties to this Agreement; and
WHEREAS, the Communities and NTMWD have determined that the
RCMOM may be implemented most expeditiously and economically through this
Agreement.
NOW, THEREFORE, this Agreement is made and entered into by and
between the Communities and NTMWD for the mutual consideration stated
herein.
ARTICLE ONE
The Project
1.01 The RCMOM identifies roles and responsibilities for NTMWD and
Communities. Each of the Communities and NTWMD shall endeavor to
implement the components of RCMOM as appropriate for their respective
systems.
1.02 This Agreement is necessary to execute the capacity coordination
approach, developed in cooperation with Communities and NTMWD, as identified
in the RCMOM. The purpose of the capacity coordination is to jointly establish a
collaborative process and approach to capacity planning that will provide a
common basis and understanding of regional system capacity, and foster
interface between Communities and NTMWD systems.
1.03 The goals of the regional capacity coordination are to meet the
level of service goals identified in the RCMOM, understand community system
plans and operation impacts on the regional system, optimize capital and
INTERLOCAL AGREEMENT PAGE
operational improvements based on community considerations, and assist
NTMWD and Communities in planning sewer capacity improvements,
maintenance, and operation with an increased understanding of existing and
future conditions of the regional system.
1.04 For Communities that execute this ILA, NTMWD representatives
and its contractors will coordinate with signatory representatives to perform
fieldwork at mutually agreeable locations within Communities' infrastructure for
purposes such as field survey at critical Communities locations, installation and
monitoring of rain gauges and flow meters, and other appropriate field activities
to support the execution of the RCMOM plan. For Communities that do not
execute this ILA, similar fieldwork will be conducted within NTMWD infrastructure
at locations as near as reasonably possible to critical Communities locations.
1.05 NTMWD shall coordinate with Communities' representatives and
obtain permits where required at least 14 days prior to entering Community
infrastructure, and provide plans for work to be completed with the Communities'
infrastructure. NTMWD shall provide, or cause its contractors to provide,
adequate general liability and motor vehicle insurance protecting the
Communities when conducting work within or at the Community's wastewater
pipelines and other wastewater facilities; and to provide certificates of insurance
and policy endorsements as applicable prior to such work.
1.06 Communities shall provide NTMWD representatives and its
contractors reasonable access to each Community's wastewater pipelines and
other wastewater facilities.
1.07 NTMWD and Communities will coordinate master planning efforts
on a consistent and regular 5 -year cycle to identify capacity needs early and
prioritize Capital Improvement Plan efforts.
ARTICLE TWO
Duties and Payment
2.01 Each of the Communities participates in one or more of the
following NTMWD wastewater systems and are responsible for payment of
system costs in accordance with the contracts governing same:
a. Forney Wastewater Interceptor System;
b. Lower East Fork Wastewater Interceptor System;
C. Buffalo Creek Interceptor System;
d. Mustang Creek Wastewater Interceptor System; and
e. Upper East Fork Wastewater Interceptor System.
2.02 These existing contracts define the allocation of charges between
and among the Communities, based on metered volumes and others contractual
INTERLOCAL AGREEMENT PAGE
bases. The costs expended by NTMWD in furtherance of the RCMOM work
contemplated by this Agreement will be funded by NTMWD through the normal
budgeting process, which includes budget approval by the NTMWD Board.
These RCMOM costs shall be charged to the appropriate system set forth in
Section 2.01 and shall be reimbursed by Communities in accordance with said
contracts.
ARTICLE THREE
Funding
3.01 The Parties agree that the payments for the performance of
governmental functions or services shall be made only from funds legally
available to the paying party at the time the payment becomes due.
ARTICLE FOUR
Term and Termination
4.01 This Agreement shall become effective on the earlier of either a.)
the date of the last signature, or b.) November 30, 2017. It is contemplated that
every Community listed in this Agreement may not execute the Agreement. In
that event, the Agreement shall be valid and enforceable only as to each of the
parties executing the Agreement. Unless terminated in accordance with Section
4.02, herein, This Agreement shall continue in effect annually until all obligations
hereunder are completed and each party has given final acceptance of duties
contemplated by this Agreement, in writing, to the other parties. This Agreement
shall automatically renew annually during this period, if not terminated.
4.02. Any signatory to this Agreement may withdraw from the Agreement
and terminate all duties, rights, and obligations hereunder by providing sixty (60)
days' notice to each Party by providing a written notification to each signatory or
their successor(s) at the applicable Town or City.
ARTICLE FIVE
Immunity
5.01 It is expressly understood and agreed that, in the execution of this
agreement, no party waives, nor shall be deemed hereby to have waived, any
immunity or defense that would otherwise be available to it against claims arising
in the exercise of governmental powers and functions. By entering into this
Agreement, the parties do not create any obligations, expressed or implied, other
than those set forth herein, and this Agreement shall not create any rights in
parties not signatories hereto.
INTERLOCAL AGREEMENT PAGE
ARTICLE SIX
Successors and Assigns
6.01 This Agreement shall be binding upon the parties hereto, their
successors, heirs, personal representatives and assigns. No party will assign or
transfer an interest in this Agreement without the written consent of each of the
other parties.
ARTICLE SEVEN
Venue
7.01 The laws of the State of Texas shall govern the interpretation,
validity, performance and enforcement of this Agreement. The parties agree that
this Agreement is performable in Collin County, Texas, and that exclusive venue
shall lie in the District Courts of Collin County, Texas.
ARTICLE EIGHT
Interpretation
8.01 This is a negotiated document and should any part of this
Agreement be in dispute, the parties agree that the Agreement shall not be
construed more favorably for either party.
ARTICLE NINE
Remedies, Non -Waiver
9.01 No right or remedy granted herein or reserved to the parties is
exclusive of any right or remedy granted by law or equity, but each shall be
cumulative of every right or remedy given hereunder. No covenant or condition
of this Agreement may be waived without the express written consent of each of
the parties. It is further agreed that one or more instances of forbearance by any
party in the exercise of its respective rights under this Agreement shall in no way
constitute a waiver thereof.
ARTICLE TEN
Entire Agreement
10.01 This Agreement, including the MOU and the RCMOM incorporated
by reference herein, embodies the entire agreement between the parties as to
the matters contained within it and may only be modified in writing executed by
all parties to the Agreement.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
INTERLOCAL AGREEMENT PAGE
CITY OF ALLEN, TEXAS
BY: PETE H. A AS
TITLE: CITY MANAGER
DATE:
ADDRESS: 305 CENTURY PARKWAY, ALLEN, TEXAS 75013
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority on this day personally appeared
Peter H. Vargas, City Manager of the City of Allen, Texas, known to me to be the
person whose name is subscribed to the foregoing instrument, and
acknowledged and swore to me that he executed the same for the purposes and
the consideration therein expressed, and as the act and deed of said entity.
Notary Public, State of xa
[Notary Seal}
_ ROCIO C. GONZALEZ
Note yPublic
BTATE OF TEXAS
„'��• Comm R Nov�� 4020
INTERLOCAL AGREEMENT PAGE
CITY OF ANNA, TEXAS
BY: PHILIP SANDERS
TITLE: CITY MANAGER
DATE:
ADDRESS: P.O. BOX 776, ANNA, TEXAS 75409
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority on this day personally appeared
Philip Sanders, City Manager of the City of Anna, Texas, known to me to be the
person whose name is subscribed to the foregoing instrument, and
acknowledged and swore to me that he executed the same for the purposes and
the consideration therein expressed, and as the act and deed of said entity.
Notary Public, State of Texas
[Notary Sea])
INTERLOCAL AGREEMENT PAGE
TOWN OF FAIRVIEW. TEXAS
BY: JULIE COUCH
TITLE: TOWN MANAGER
DATE:
ADDRESS: 372 TOWN PLACE, FAIRVIEW, TEXAS 75069
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority on this day personally appeared
Julie Couch, Town Manager of the Town of Fairview, Texas, known to me to be
the person whose name is subscribed to the foregoing instrument, and
acknowledged and swore to me that he executed the same for the purposes and
the consideration therein expressed, and as the act and deed of said entity.
Notary Public, State of Texas
(Notary Seal)
I NTERLOCAL AGREEMENT PAGE
CITY OF FORNEY, TEXAS
BY: JAMES FISHER
TITLE: CITY MANAGER
DATE:
ADDRESS: P.O. BOX 826, FORNEY, TEXAS 75126
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF KAUFMAN
Before me, the undersigned authority on this day personally appeared
James Fisher, City Manager of the City of Forney, Texas, known to me to be the
person whose name is subscribed to the foregoing instrument, and
acknowledged and swore to me that he executed the same for the purposes and
the consideration therein expressed, and as the act and deed of said entity.
Notary Public, State of Texas
[Notary Sea[)
INTERLOCAL AGREEMENT PAGE
CITY OF FRISCO, TEXAS
BY: GEORGE PUREFOY
TITLE: CITY MANAGER
DATE:
ADDRESS: 6101 FRISCO SQUARE BLVD., FRISCO, TEXAS 75064
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority on this day personally appeared
George Purefoy, City Manager of the City of Frisco, Texas, known to me to be
the person whose name is subscribed to the foregoing instrument, and
acknowledged and swore to me that he executed the same for the purposes and
the consideration therein expressed, and as the act and deed of said entity.
Notary Public, State of Texas
[Notary Seal)
INTERLOCAL AGREEMENT PAGE 10
CITY OF HEATH. TEXAS
BY: BRIAN BERRY
TITLE: MAYOR
DATE:
ADDRESS: 200 LAURENCE DRIVE, HEATH, TEXAS 75032
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF ROCKWALL§
Before me, the undersigned authority on this day personally appeared
Brian Berry, Mayor of the City of Heath, Texas, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged and
swore to me that he executed the same for the purposes and the consideration
therein expressed, and as the act and deed of said entity.
Notary Public, State of Texas
[Notary Seal}
INTERLOCAL AGREEMENT PAGE 11
CITY OF LUCAS, TEXAS
BY: JOE GORFIDA
TITLE: CITY ATTORNEY
DATE:
ADDRESS: 665 COUNTRY CLUB ROAD, LUCAS, TX 75002-7651
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority on this day personally appeared Joe
Gorfida, City Attorney of the City of Lucas, Texas, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged and
swore to me that he executed the same for the purposes and the consideration
therein expressed, and as the act and deed of said entity.
Notary Public, State of Texas
[Notary Seal}
INTERLOCAL AGREEMENT PAGE 12
CITY OF McKINNEY. TEXAS
BY: PAUL GRIMES
TITLE: CITY MANAGER
DATE:
ADDRESS: P.O. BOX 517. McKINNEY. TEXAS 75069
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority on this day personally appeared
Paul Grimes, City Manager of the City of McKinney, Texas, known to me to be
the person whose name is subscribed to the foregoing instrument, and
acknowledged and swore to me that he executed the same for the purposes and
the consideration therein expressed, and as the act and deed of said entity.
Notary Public, State of Texas
[Notary Seal)
INTERLOCAL AGREEMENT PAGE 13
CITY OF MELISSA, TEXAS
BY: JASON LITTLE
TITLE: CITY MANAGER
DATE:
ADDRESS: 3411 BARKER AVENUE, MELISSA, TEXAS 75454
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority on this day personally appeared
Jason Little, City Manager of the City of Melissa, Texas, known to me to be the
person whose name is subscribed to the foregoing instrument, and
acknowledged and swore to me that he executed the same for the purposes and
the consideration therein expressed, and as the act and deed of said entity.
Notary Public, State of Texas
[Notary Sea])
INTERLOCAL AGREEMENT PAGE 14
CITY OF MESQUITE, TEXAS
BY: CLIFFORD V. KEHELEY, JR.
TITLE: CITY MANAGER
DATE:
ADDRESS: P.O. BOX 850137, MESQUITE, TEXAS 75185.0137
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DALLAS
Before me, the undersigned authority on this day personally appeared
Clifford V. Keheley, Jr., City Manager of the City of Mesquite, Texas, known to
me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged and swore to me that he executed the same for the purposes and
the consideration therein expressed, and as the act and deed of said entity.
Notary Public, State of Texas
[Notary Seal}
INTERLOCAL AGREEMENT PAGE 15
CITY OF PARKER, TEXAS
BY: JEFFRY FLANIGAN
TITLE: CITY ADMINISTRATOR
DATE:
ADDRESS: 5700 E PARKER RD PARKER, TEXAS 75002.6767
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority on this day personally appeared
Jeffry Flanigan, City Administrator of the City of Parker, Texas, known to me to
be the person whose name is subscribed to the foregoing instrument, and
acknowledged and swore to me that he executed the same for the purposes and
the consideration therein expressed, and as the act and deed of said entity
Notary Public, State of Texas
[Notary Seal}
I NTERLOCAL AGREEMENT PAGE 16
CITY OF PLANO, TEXAS
BY: BRUCE D. GLASSCOCK
TITLE: CITY MANAGER
DATE:
ADDRESS: P.O. BOX 860358, PLANO, TEXAS 75086-0358
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority on this day personally appeared
Bruce D. Glasscock, City Manager of the City of Plano, Texas, known to me to
be the person whose name is subscribed to the foregoing instrument, and
acknowledged and swore to me that he executed the same for the purposes and
the consideration therein expressed, and as the act and deed of said entity.
Notary Public, State of Texas
[Notary Seal}
INTERLOCAL AGREEMENT - PAGE 17
CITY OF PRINCETON, TEXAS
BY: DEREK BORG
TITLE: CITY MANAGER
DATE:
ADDRESS: 123 W. PRINCETON DRIVE, PRINCETON, TEXAS 75407
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority on this day personally appeared
Derek Borg, City Manager of the City of Princeton, Texas, known to me to be the
person whose name is subscribed to the foregoing instrument, and
acknowledged and swore to me that he executed the same for the purposes and
the consideration therein expressed, and as the act and deed of said entity.
Notary Public, State of Texas
[Notary Sea])
INTERLOCAL AGREEMENT PAGE 18
TOWN OF PROSPER, TEXAS
BY: HARLAN JEFFERSON
TITLE: TOWN MANAGER
DATE:
ADDRESS: P.O. BOX 397, PROSPER, TEXAS 75078
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority on this day personally appeared
Harlan Jefferson, Town Manager of the Town of Prosper, Texas, known to me to
be the person whose name is subscribed to the foregoing instrument, and
acknowledged and swore to me that he executed the same for the purposes and
the consideration therein expressed, and as the act and deed of said entity.
Notary Public, State of Texas
(Notary Seal)
INTERLOCAL AGREEMENT PAGE 19
CITY OF RICHARDSON. TEXAS
BY: DAN JOHNSON
TITLE: CITY MANAGER
DATE:
ADDRESS: P.O. BOX 830309, RICHARDSON, TEXAS 75083
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DALLAS
Before me, the undersigned authority on this day personally appeared
Dan Johnson, City Manager of the City of Richardson, Texas, known to me to be
the person whose name is subscribed to the foregoing instrument, and
acknowledged and swore to me that he executed the same for the purposes and
the consideration therein expressed, and as the act and deed of said entity.
Notary Public, State of Texas
[Notary Seal}
INTERLOCAL AGREEMENT PAGE 20
CITY OF ROCKWALL, TEXAS
BY: RICHARD CROWLEY
TITLE: CITY MANAGER
DATE:
ADDRESS: 385 S. GOLIAD, ROCKWALL, TEXAS 75087
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF ROCKWALL§
Before me, the undersigned authority on this day personally appeared
Richard Crowley, City Manager of the City of Rockwall, Texas, known to me to
be the person whose name is subscribed to the foregoing instrument, and
acknowledged and swore to me that he executed the same for the purposes and
the consideration therein expressed, and as the act and deed of said entity.
Notary Public, State of Texas
[Notary Seal}
I NTERLOCAL AGREEMENT PAGE 21
CITY OF SEAGOVILLE, TEXAS
BY: PATRICK STALLINGS
TITLE: CITY MANAGER
DATE:
ADDRESS: 702 N. HIGHWAY 175, SEAGOVILLE, TEXAS 75159
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DALLAS
Before me, the undersigned authority on this day personally appeared
Patrick Stallings, City Manager of the City of Seagoville, Texas, known to me to
be the person whose name is subscribed to the foregoing instrument, and
acknowledged and swore to me that he executed the same for the purposes and
the consideration therein expressed, and as the act and deed of said entity.
Notary Public, State of Texas
[Notary Seal}
INTERLOCAL AGREEMENT PAGE 22
NORTH TEXAS MUNICIPAL WATER DISTRICT
BY: THOMAS W. KULA
TITLE: EXECUTIVE DIRECTOR
DATE:
ADDRESS: 501 E. BROWN STREET, WYLIE, TEXAS 75098
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority on this day personally appeared
Thomas W. Kula, Executive Director of the North Texas Municipal Water District,
known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged and swore to me that he executed the same for
the purposes and the consideration therein expressed, and as the act and deed
of said entity.
Notary Public, State of Texas
[Notary Seal}
INTERLOCAL AGREEMENT PAGE 23
EXHIBIT A
MEMORANDUM OF UNDERSTANDING REGARDING
DEVELOPMENT OF A REGIONAL CAPACITY, MANAGEMENT,
OPERATIONS, AND MAINTENANCE (CMOM) PROGRAM
INTERLOCAL AGREEMENT PAGE 24
NORTH TEXAS MUNICIPAL WATER DISTRICT
MEMORANDUM OF UNDERSTANDING REGARDING
DEVELOPMENT OF A REGIONAL CAPACITY, MANAGEMENT,
OPERATIONS, AND MAINTENANCE (CMOM) PROGRAM
WHEREAS, the City of Allen, the City of Forney, the City of Frisco, the City of Heath, the
City of McKinney, the City of Mesquite, the City of Plano, the City of Princeton, the Town
of Prosper, the City of Richardson, the City of Rockwall and the City of Seagoville,
(individually and collectively the "Communities"), have entered into various contracts (the
"Contracts") for the collection, conveyance, and treatment of wastewater from their
various systems (the "Systems"); and
WHEREAS, the Contracts do not include explicit provisions related to maintenance,
management, and operation of the Systems; and
WHEREAS, each entity has its own unique collection system and appropriations approval
by their respective governing body, the program will be implemented consistent with the
needs and appropriated funding of each entity; and
WHEREAS, North Texas Municipal Water District ("NTMWD") and the Communities have
a goal to improve wastewater collection capacity, management, operations, and
maintenance programs of the Systems; and
NOW THEREFORE, NTMWD and the Communities agree to the following:
NTMWD and the Communities shall work together in good faith to establish a model
written Regional Capacity, Management, Operations, and Maintenance (CMOM) program
related to the following aspects of NTMWD's and Communities' practices, assets, and
programs.
a. Emergency response and mitigation plan,
b. Collection system cleaning program,
c. Comprehensive Fats, Roots, Oil, and Grease (FROG) program,
d. Condition assessment: Force mains, lift stations, manholes, gravity sewers, and
service laterals,
e. Hydraulic modeling capacity assessment,
f. Formalized operation and maintenance ("O&M") training program including
standard operating procedures and classroom training,
g. Point of entry and flow metering program,
h. Maintenance management system, and
i. Framework for identification and implementation of NTMWD and Community
capital project needs resulting from condition and capacity assessments.
This Memorandum of Understanding will be effective the date of the last signature with
an awareness all Communities may not participate.
MEMORANDUM OF UNDERSTANDING: REGIONAL CMOM PROGRAM
PAGE
AGREED:
Thomas W. Kula
Executive Director, NTMWD
Peter H. Vargas
City Manager, City of Allen
9/r y12v if
Date
Date
--------_
Brian Brooks Date
City Manager, City of Forney
George Purefoy Date
City Manager, City of Frisco
Ed Thatcher
City Manager, City of Heath
Tom Nluehlenbeck Date
Interim City Manager, City of McKinney
Ted Barron Date
City Manager, City of Mesquite
MEMORANDUM OF UNDERSTANDING: REGIONAL CMOM PROGRAM
PAGE 2
AGREED:
Thomas W. Kula
Executive Director, NTMWD
Peter H. Vargo
City Manager,V4 of Allen
Brian Brooks
City Manager, City of Forney
George Purefoy
City Manager, City of Frisco
Ed Thatcher
City Manager, City of Heath
Tom Muehlenbeck
Interim City Manager, City of McKinney
Ted Barron
City Manager, City of Mesquite
Date
Date
Date
Date
MEMORANDUM OF UNDERSTANDING: REGIONAL CMOM PROGRAM
PAGE 2
AGREED:
Thomas W. Kula
Executive Director, NTMWD
Peter H. Vargas
City Manager, City of Allen
Brian
City Manager, City of Forney
George Purefoy
City Manager, City of Frisco
Ed Thatcher
City Manager, City of Heath
Tom Muehlenbeck
Interim City Manager, City of McKinney
Ted Barron
City Manager, City of Mesquite
Date
&/ S
Date
Date
Dale
Date
Dale
MEMORANDUM OF UNDERSTANDING: REGIONAL CMOM PROGRAM
PAGE 2
AGREED:
Thomas W. Kula
Executive Director, NTMWD
Peter H. Vargas
City Manager, City of Allen
Brian Brooks
City Manager, City of Forney
George Purefoy'
City Manager, City of Frisco
Ed Thatcher
City Manager, City of Heath
Tom Muehlenbeck
Interim City Manager, City of McKinney
Ted Barron
City Manager, City of Mesquite
Date
Date
Date
September 1, 2015
Date
Date
Date
MEMORANDUM OF UNDERSTANDING' REGIONAL CMOM PROGRAM
PAGE 2
AGREED:
Thomas W. Kula
Executive Director, NTMWD
Peter H. Vargas
City Manager, City of Allen
Brian Brooks
City Manager, City of Forney
George Purefoy Date
City Manager, City of Frisco
�/ v< ZG Zo
Ed TI atcher Date
City Manager, City of Heath
Tom Muehlenbeck Date
Interim City Manager, City of McKinney
Ted Barron Date
City Manager, City of Mesquite
MEMORANDUM OF UNDERSTANDING: REGIONAL CMOM PROGRAM
PAGE 2
AGREED
Thomas W. Kula
Executive Director, NTMWD
Date
Peter H. Vargas Date
City Manager, City of Allen
Brian Brooks Date
City Manager, City of Forney
George Purefoy
City Manager, City of Frisco
Ed Thatcher
City Manager, City of Heath
Ted Barron
City Manager, City off Mesquite
Tom Muehlenbeck
Date
Interim City Manager, City of McKinney
Ted Barron
City Manager, City off Mesquite
MEMORANDUM OF UNDERSTANDING: REGIONAL CMOM PROGRAM
PAGE 2
AGREED:
Thomas W. Kula Date
Executive Director, NTMWD
Peter H. Vargas Date
City Manager, City of Allen
Brian Brooks Date
City Manager, City of Forney
George Purefoy Date
City Manager, City of Frisco
Ed Thatcher Date -
City Manager, City of Heath
Tom Muehlenbeck Date
Interim City Manager, City of McKinney
`t -r -7
Ted B n Date
City Manager, City of Mesquite
MEMORANDUM OF UNDERSTANDING: REGIONAL CMOM PROGRAM
PAGE
Bruce D. Gla s ck Date
City Manager, ty of Plano
Derek F. Borg
City Manager, City of Princeton
Harlan Jefferson Date
Town Manager, Town of Prosper
Dan Johnson
City Manager, City of Richardson
Rick Crowley Date
City Manager, City of Rockwall
Pat Stallings
Acting City Manager, City of Seagoville
MEMORANDUM OF UNDERSTANDING: REGIONAL CMOM PROGRAM
PAGE
Bruce D. Glasscock
Date
City Manager, City of Plano
9-8-/5s
Dere c F. Borg
Date
City Manager, City of P inceton
Harlan Jefferson
Date
Town Manager, Town of Prosper
Dan Johnson
Date
City Manager, City of Richardson
Rick Crowley Date
City Manager, City of Rockwall
Pat Stallings Date
Acting City Manager, City of Seagoville
MEMORANDUM OF UNDERSTANDING. REGIONAL CMOM PROGRAM
PAGE 3
Bruce D. Glasscock Date
City Manager, City of Piano
Derek F Borg
City Manager, City of Princeton
Harlan J� --
Town Manager, rospor
Dan Johnson
City Manager, City of Richardson
Rick Crowley
City Manager, City of Rockwall
Pat Staiiings
Acting City Manager, City of Seagoville
Date
Date
Data
MEMORANDUM OF UNDERSTANDING: REGIONAL CMOM PROGRAM
PAGE 3
Bruce D. Glasscock
City Manager, City of Plano
Derek F. Borg
City Manager, City of Princeton
Harlan Jefferson
Town Manager, Town of Prosper
Dan Jo son
City Manager ty of Richardson
Rick Crowley
City Manager, City of Rockwall
Pat Stallings
Acting City Manager, City of Seagoville
Date
Date
Date
Date
MEMORANDUM OF UNDERSTANDING: REGIONAL CMOM PROGRAM
PAGE 3
Bruce D. Glasscock
City Manager, City of Plano
Derek F. Borg
City Manager, City of Princeton
Harlan Jefferson
Town Manager, Town of Prosper
Dan Johnson
City Manager, City of Richardson
X4 ,)1'C
Rick Crowley
City Manager, City of Rockwall
Pat Stallings
Acting City Manager, City of Seagoville
Date
Date
Date
Date
Date
MEMORANDUM OF UNDERSTANDING: REGIONAL CMOM PROGRAM
PAGE 3
Bruce D. Glasscock Date
City Manager, City of Plano
Derek F. Borg Date
City Manager, City of Princeton
Ray Smith
Mayor, Town of Prosper
Dan Johnson
City Manager, City of Richardson
Rick Crowley Date
City Manager, City of Rockwall
caS/io �za�.�
a Stallings Date
Interim City Manager, City Zreagoville