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R-11-07-28-12A1 - 7/28/2011RESOLUTION NO. R -11-07-28-12A1 WHEREAS, Seton Medical Center Williamson ("Seton") is currently receiving wastewater services from the City of Round Rock ("City") and is billed for such services utilizing the winter average in accordance with Chapter 44, Round Rock Code of Ordinances, and WHEREAS, the City Council wishes to enter into an Alternative Wastewater Service Billing Agreement with Seton to provide an alternative method of calculating the amount of water that Seton discharges into the City's wastewater system, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City said Agreement with Seton, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 28th day of July, 2011. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: 4144A,..R.C604- SARA L. WHITE, City Secretary O:\wdoz\SCCIms\0112\ 1104\MUNICIPAL100227959.DOC/nnc EXHIBIT „A» ALTERNATIVE WASTEWATER SERVICE BILLING AGREEMENT THIS ALTERNATIVE WASTEWATER SERVICE BILLING AGREEMENT (hereinafter the "Agreement"), is hereby entered into on the 43 day of Pcy , 2011 by and between the Seton Medical Center Williamson (hereinafter "Seton"), and the City of Round Rock, Texas (hereinafter "City"), a home -rule municipality and political subdivision of the State of Texas with offices at 221 East Main Street, Round Rock, Texas 78664. In this Agreement, the City and Seton are sometimes referred to individually as "a Party" and collectively as "the Parties." WHEREAS, Seton is the owner of the Seton Medical Center Williamson which is located at 201 Seton Parkway, Round Rock, Texas 78665, (hereinafter the "Property"); and WHEREAS; Seton currently is billed for wastewater services utilizing the winter average method in accordance with Chapter 44, Round Rock Code of Ordinances, 2010 Edition; and WHEREAS, Seton utilizes a cooling tower air-conditioning system that results in a significant amount of water being lost to evaporation that does not get discharged into the City's wastewater system; and WHEREAS, Seton desires to enter into this Agreement with the City for the purpose of more accurately calculating Seton's monthly wastewater usage as a result of the aforesaid evaporation loss; and WHEREAS, the City is agreeable to enter into this Agreement with Seton to provide an alternative method of calculating the amount of water that Seton discharges into the City's wastewater system; NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained in this Agreement, the Parties agree as follows: ARTICLE I. PURPOSE OF THIS AGREEMENT Pursuant to Chapter 44, Round Rock Code of Ordinances, 2010 Edition, wastewater usage is generally determined by averaging the monthly water usage for the months of December, January, and February of each fiscal year. The purpose of this method is to remove the amount of water that is generally utilized for irrigation of landscaping which does not enter into the City's wastewater system. Seton utilizes a water cooling tower for its air-conditioning system that utilizes a significant amount of water that is lost through evaporation and is therefore not discharged into the City's wastewater system. The purpose of this Agreement is to provide an agreed alternative 00222775.DOC; 00222775.DOC method of calculating wastewater usage by Seton that takes into account the water that is lost through evaporation. In order to utilize this alternative method of calculation, the amount of water lost through evaporation must be determined. To assist in this determination, Seton agrees to install a Blow - Down Meter and a Make-up Meter on its cooling tower system. The Make-up Meter measures the amount of water flowing into the cooling tower system. The Blow -Down Meter measures the amount of water discharged from the cooling tower to the City's wastewater collection and treatment system. The difference is the amount of water that is lost through evaporation. The amount of water lost through evaporation shall be calculated by determining the total water usage measured by the Blow -Down Meter less the amount of water measured by the Make-up Meter. The calculated amount of water lost to evaporation is referred to herein as the "Cooling Tower Water Usage." ARTICLE II. ALTERNATE METHOD OF CALCULATING WASTEWATER USAGE From the effective date of this Agreement until April 1, 2012, the Cooling Tower Water Usage is agreed by the Parties to be 618,596 gallons per month. Thereafter, on or before March 1, 2012 and for each succeeding year of this Agreement, Seton shall provide the City with the monthly meter readings for the Blow -Down Meter and the Make-up Meter for the previous twelve month period beginning with the previous March and ending with the following February. Using this data, the City shall determine the average monthly Cooling Tower Water Usage for the previous twelve month period. Beginning in April of each year, the City shall calculate Seton's monthly wastewater usage by deducting Seton's average monthly Cooling Tower Water Usage for the previous twelve month period from Seton's total monthly water usage. The result of the foregoing calculation will be the basis for determining Seton's monthly wastewater bill. ARTICLE III METER CALIBRATION Seton shall cause the Make-up Meter and the Blow -down Meter to be calibrated annually between October 1 and December 1 of each year. The annual calibration shall be by an independent, outside contractor who has been approved in writing and in advance by the City. 2 ARTICLE IV METERING AND REPORTING In addition to the historical meter reading data described in Article II above, Seton agrees to provide the City with the monthly meter readings from the Make-up Meter and the Blow - down Meter. The City shall have the right to enter onto Seton's Property at all reasonable times to take readings from the Make-up Meter and Blow -down Meter. ARTICLE V. EFFECTIVE DATE AND TERM The term of this Agreement shall be until March 31, 2013, provided however, it shall renew automatically for successive twelve (12) month periods unless one of the Parties gives notice to the other Party on or before March 1 that it does not wish to renew the Agreement. ARTICLE VI TERMINATION If Seton defaults in the undertaking of any of its obligations under this Agreement or breaches any of its provisions, the City shall have the right to terminate this Agreement by giving Seton thirty (30) days written notification of its decision to terminate. City has the right to terminate this Agreement, in whole or in part, for convenience and without cause, at any time upon ninety (90) days' written notice to Seton. ARTICLE VII REVERSION TO WINTER AVERAGE In the event that either Party elects to not renew this Agreement or the City elects to terminates this Agreement as provided in Article VI above, the Parties shall discontinue all obligations in connection with the performance of this Agreement, and the wastewater usage shall be determined in accordance with the winter average method set forth in the Round Rock Code of Ordinances, 2010 Edition. Notice to Seton: Rich Carlton Chief Facility Engineer Seton Medical Center Williamson 201 Seton Parkway Round Rock, Texas 78665 ARTICLE VII NOTICE 3 Notice to City: Steve Norwood City Manager 221 East Main Street Round Rock, TX 78664 with copy to: Stephan L. Sheets City Attorney 309 E. Main St. Round Rock, TX 78664 IN WITNESS WHEREOF, the City and Seton have executed this Agreement on the dates indicated below. CITY OF ROUND ROCK, TEXAS By: Alan McGraw, Mayor Dated this day of , 2011 SETON MEDIC. CENTE - 1 LIAMSON By: Rod Loc e, Executive, Director for Support Services Dated this .3.3'Way of May, 2011 4 ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. Agenda Item No. 12A1. City Council Agenda Summary Sheet Agenda Caption: Meeting Date: Consider a resolution authorizing the Mayor to execute an. Alternative Wastewater Service Billing Agreement with Seton Medical Center Williamson. July 28, 2011 Department: Utilities and Environmental Services Staff Person making presentation: Michael Thane, P.E. Utilities Director Item Summary: Seton Medical Center Williamson (SETON) is a water and wastewater utility customer of the City of Round Rock. They have a cooling tower serving their buildings. They requested that the evaporated water for the cooling tower be accounted for when calculating their wastewater bill since the evaporated water is not placed back into the City's wastewater system. This agreement represents a deviation from the City's ordinance for wastewater billing under Chapter 44, Section 44-30 of the city's Code of Ordinances. The agreement will more accurately reflect the quantity and therefore the wastewater billing for the HEC. Their cooling tower has two water meters installed on it. One, the make-up water meter, measures the amount of potable water flowing into the cooling tower. The other water meter, the blow -down meter, measures the amount of water leaving the cooling tower and then flowing into the City's wastewater collection system. The difference between the readings of these two meters represents evaporative loss. Since the evaporated water goes out into the atmosphere, (and does not enter the wastewater collection system) it should not be included in the amount of wastewater billed. This agreement formulates a straight -forward method for accounting for the evaporation loss, and more fairly allocates the number of gallons per month that the SETON should pay for wastewater. Strategic Plan Relevance: 28.0 Protect public health and protect the environment through proper waste disposal. Cost: Source of Funds: N/A N/A Date of Public Hearing (if required): N/A Recommended Action: Approval EXECUTED DOCUMENTS FOLLOW ALTERNATIVE WASTEWATER SERVICE BILLING AGREEMENT THIS ALTERNATIVE WASTEWATER SERVICE BILLING AGREEMENT (hereinafter the "Agreement"), is hereby entered into on the'- day of liv , 2011 by and between the Seton Medical Center Williamson (hereinafter "Seton"),"end the City of Round Rock, Texas (hereinafter "Ci a home -rule municipality ), and political subdivision of the State of Texas with offices at 221 East Main Street, Round Rock, Texas 78664. In this Agreement, the City and Seton are sometimes referred to individually as "a Party" and collectively as "the Parties." WHEREAS, Seton is the owner of the Seton Medical Center Williamson which is located at 201 Seton Parkway, Round Rock, Texas 78665, (hereinafter the "Property"); and WHEREAS; Seton currently is billed for wastewater services utilizing the winter average method in accordance with Chapter 44, Round Rock Code of Ordinances, 2010 Edition; and WHEREAS, Seton utilizes a cooling tower air-conditioning system that results in a significant amount of water being lost to evaporation that does not get discharged into the City's wastewater system; and WHEREAS, Seton desires to enter into this Agreement with the City for the purpose of more accurately calculating Seton's monthly wastewater usage as a result of the aforesaid evaporation loss; and WHEREAS, the City is agreeable to enter into this Agreement with Seton to provide an alternative method of calculating the amount of water that Seton discharges into the City's wastewater system; NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained in this Agreement, the Parties agree as follows: ARTICLE I. PURPOSE OF THIS AGREEMENT Pursuant to Chapter 44, Round Rock Code of Ordinances, 2010 Edition, wastewater usage is generally determined by averaging the monthly water usage for the months of December, January, and February of each fiscal year. The purpose of this method is to remove the amount of water that is generally utilized for irrigation of landscaping which does not enter into the City's wastewater system. Seton utilizes a water cooling tower for its air-conditioning system that utilizes a significant amount of water that is lost through evaporation and is therefore not discharged into the City's wastewater system. The purpose of this Agreement is to provide an agreed alternative 00222775.DOC; 00222775.DOC -1tkCq--24D -12A1 method of calculating wastewater usage by Seton that takes into account the water that is lost through evaporation. In order to utilize this alternative method of calculation, the amount of water lost through evaporation must be determined. To assist in this determination, Seton agrees to install a Blow - Down Meter and a Make-up Meter on its cooling tower system. The Make-up Meter measures the amount of water flowing into the cooling tower system. The Blow -Down Meter measures the amount of water discharged from the cooling tower to the City's wastewater collection and treatment system. The difference is the amount of water that is lost through evaporation. The amount of water lost through evaporation shall be calculated by determining the total water usage measured by the Blow -Down Meter less the amount of water measured by the Make-up Meter. The calculated amount of water lost to evaporation is referred to herein as the "Cooling Tower Water Usage." ARTICLE II. ALTERNATE METHOD OF CALCULATING WASTEWATER USAGE From the effective date of this Agreement until April 1, 2012, the Cooling Tower Water Usage is agreed by the Parties to be 618,596 gallons per month. Thereafter, on or before March 1, 2012 and for each succeeding year of this Agreement, Seton shall provide the City with the monthly meter readings for the Blow -Down Meter and the Make-up Meter for the previous twelve month period beginning with the previous March and ending with the following February. Using this data, the City shall determine the average monthly Cooling Tower Water Usage for the previous twelve month period. Beginning in April of each year, the City shall calculate Seton's monthly wastewater usage by deducting Seton's average monthly Cooling Tower Water Usage for the previous twelve month period from Seton's total monthly water usage. The result of the foregoing calculation will be the basis for determining Seton's monthly wastewater bill. ARTICLE III METER CALIBRATION Seton shall cause the Make-up Meter and the Blow -down Meter to be calibrated annually between October 1 and December 1 of each year. The annual calibration shall be by an independent, outside contractor who has been approved in writing and in advance by the City. 2 ARTICLE IV METERING AND REPORTING In addition to the historical meter reading data described in Article II above, Seton agrees to provide the City with the monthly meter readings from the Make-up Meter and the Blow - down Meter. The City shall have the right to enter onto Seton's Property at all reasonable times to take readings from the Make-up Meter and Blow -down Meter. ARTICLE V. EFFECTIVE DATE AND TERM The term of this Agreement shall be until March 31, 2013, provided however, it shall renew automatically for successive twelve (12) month periods unless one of the Parties gives notice to the other Party on or before March 1 that it does not wish to renew the Agreement. ARTICLE VI TERMINATION If Seton defaults in the undertaking of any of its obligations under this Agreement or breaches any of its provisions, the City shall have the right to terminate this Agreement by giving Seton thirty (30) days written notification of its decision to terminate. City has the right to terminate this Agreement, in whole or in part, for convenience and without cause, at any time upon ninety (90) days' written notice to Seton. ARTICLE VII REVERSION TO WINTER AVERAGE In the event that either Party elects to not renew this Agreement or the City elects to terminates this Agreement as provided in Article VI above, the Parties shall discontinue all obligations in connection with the performance of this Agreement, and the wastewater usage shall be determined in accordance with the winter average method set forth in the Round Rock Code of Ordinances, 2010 Edition. Notice to Seton: Rich Carlton Chief Facility Engineer Seton Medical Center Williamson 201 Seton Parkway Round Rock, Texas 78665 ARTICLE VII NOTICE 3 Notice to City: Steve Norwood City Manager 221 East Main Street Round Rock, TX 78664 with copy to: Stephan L. Sheets City Attorney 309 E. Main St. Round Rock, TX 78664 IN WITNESS WHEREOF, the City and Seton have executed this Agreement on the dates indicated below. CITY OF ROUND ROCK, TEXAS B hti /1-----' Alan McGraw, Mayor Dated this day of:Tull , 2011 SETON MEDICI CENTS WILLIAMSON By: o s ocke, Executive, Director for Support Services Dated this a 3 &clay of May, 2011 4