HomeMy WebLinkAboutResolution - 2021-R0443 - Interlocal Wholesale Wastewater Contract with TTU 11.1.21Resolution No. 2021-R0443
Item No. 6.4
November 1, 2021
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, an Interlocal Wholesale Wastewater
Contract by and between the City of Lubbock and the Texas Tech University for the
provision of wastewater collection, treatment, and disposal/reuse services. Said Agreement
is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
Passed by the City Council on the 1 st
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Re a ca Garza, City Secr ar
APPROVED AS TO CONTENT:
day of _ November _ , 2021.
DANIEL M. PO E, MAYOR
Jesica McEachern, Assistant City Manager
APPROVED AS TUFORM:
Deputy City Attorney
Interlocal Agreement-TTU-Wastewater
(10-15-21)
Resolution No. 2021-R0443
INTERLOCAL WHOLESALE WASTEWATER CONTRACT
STATE OF TEXAS §
CITY OF LUBBOCK §
This Contract is made and entered into this, the 1 St day of November, 2021 between the City of
Lubbock, a home rule municipal corporation located in Lubbock County, acting by and through
its Mayor as authorized by specific action of its City Council; and the Texas Tech University
(herein called "Customer"), a State of Texas public institution of higher education, acting by and
through its Board of Regents.
WITNESSETH
WHEREAS, the Customer is a public institution of higher education of the State of Texas,
operating, in part, within the municipal limits of Lubbock;
WHEREAS, citizens of the City of Lubbock will conduct research, take classes, and benefit
from the Customer facilities located outside of the incorporated limits of LUBBOCK as depicted
on in Exhibit "A", attached hereto (the "East Loop Research Building");
WHEREAS, the public health, welfare and safety of the residents of Lubbock and tenants
and residents of the Customer require the development of adequate systems of sewage collection
and disposal, the elimination of water pollution and the preservation of the water resources of the
State of Texas; and
WHEREAS, Lubbock is required to comply with standards and treatment methods for
wastewater, as set forth in federal, state and local laws and regulations and permits; and
WHEREAS, Lubbock and Customer have an interest in maintaining and restoring
integrity of waters and the chemical, physical and biological integrity of waters and water
resources and ensuring the reduction of pollution in said waters and water resources and planning
the use, development, restoration, preservation, and enhancement of said waters and water
resources; and
WHEREAS, Customer desires to enter into a contract for wastewater collection,
treatment, and disposal/reuse services and Lubbock desires to provide these wastewater services
to Customer; and
WHEREAS, Chapter 791 of the Government Code, authorizes Lubbock and Customer to
enter into this Contract for goods and services;
NOW, THEREFORE, Lubbock and Customer, in consideration of the terms, covenants and
conditions herein contained, hereby agree as follows:
ARTICLE 1
PROVISIONS OF WASTEWATER
1.1 TERMS, PROVISIONS, AND CONSIDERATIONS
Lubbock agrees to collect, treat, and reuse or dispose of wholesale wastewater received from the
Customer, subject to the conditions precedent and under and pursuant to the terms, provisions,
and conditions of this Contract.
1.2 DEFINITIONS
When used in this Contract, these terms shall be defined as follows:
Act — The Clean Water Act, as amended. (33 U.S.C. 1251, et seq.)
Biochemical Oxygen Demand (BOD) — The quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedure, as specified in "Standard
Methods" in five (5) days at twenty (20) degrees Centigrade expressed as milligrams per liter
(mg/1).
Calibration — Verification of primary measuring device and secondary instrumentation accuracy
utilizing standard primary device procedures and calibration signals and/or a separate flow
measurement instrument.
Customer System — The facilities of Customer used for pretreatment, collection and
transportation of wastewater to the point of entry.
Delivery Facilities — All facilities necessary for the transmission of wastewater to the Lubbock
System that are on the Customer's side of the point of entry that are constructed specifically to
allow Lubbock to serve Customer.
Director — The Director of Water Utilities of the City of Lubbock.
Lubbock System — Lubbock's wastewater collection and treatment system, also defined as
"publicly owned treatment works" as provided in Title 40 of the Code of Federal Regulations.
Industrial User — Any industry that discharges industrial processing wastewater, including
sanitary wastewater in the City of Lubbock's sanitary sewer system.
Industrial Wastes — All water -borne solids, liquids or gaseous substances resulting from any
commercial, industrial, manufacturing or food processing operations, or from the development of
a natural resource, or any mixture of these with water or domestic sewage.
Infiltration — Water that has migrated from the ground into the wastewater system.
Inflow — Water other than wastewater that enters a sewerage system (including sewer service
connections) from sources such as, but not limited to, roof leaders, cellar drains, yard drains, area
drains, drains from springs and swampy areas, manhole covers, cross connections between storm
sewers, and sanitary catch basins, cooling towers, storm waters, surface runoff, street wash
waters of drainage. Inflow does not include, and is distinguished from, infiltration water.
Liquid Waste — The water -borne solids, liquids, and gaseous substances derived from certain
sources including, but not limited to, grease trap, septic tank, chemical toilet waste, and sand trap
waste.
Metering and Sampling Facility — The meter, meter vault, and all metering and telemetry
equipment required to measure and/or sample wastewater flows of the Customer at the point of
entry or other such locations, as may be mutually agreed upon in writing.
Non -metered Area — Areas within the Customer's statutory boundaries that generate wastewater
that do not drain into a part of the Customer System for which wastewater now is measured by
an approved metering and sampling facility.
Point of Entry — Collectively, the metering facilities or, where no metering facilities are utilized,
the points of connection to the Lubbock System, as set forth in Section 2.2, below, unless
otherwise mutually agreed upon in writing.
Pretreatment or Treatment — The reduction of the amount of pollutants, the elimination of
pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful
state prior to or in lieu or discharging or otherwise introducing such pollutants into a Publicly
Owned Treatment Works ("POTW"). The reduction of alteration can be obtained by physical,
chemical or biological processes, or process changes by other means, except as prohibited by 40
CFR Section 403.6(d). Pretreatment or treatment shall also include, without limitation, such
devices as grease, oil, or sand interceptors, and hydrocarbon removal units.
Pretreatment Requirements — Any substantive or procedural requirement related to
pretreatment, other than a national pretreatment standard, imposed on an industrial user.
Significant Industrial User - Any user which discharges industrial wastes directly or indirectly
into the Customer System or Lubbock System that:
(1) Is subject to National Pretreated Standards or categorical pretreatment Standards of the
U.S. Environmental Protection Agency or Texas Commission on Environmental Quality,
or the successors thereof; or
(2) Discharges an average of twenty-five thousand (25,000) gallons per day or more of
process wastewater (excluding sanitary, non -contact cooling, and boiler blowdown
wastewater);
(3) Contributes a process waste stream which makes up five percent (5%) or more of the
average dry weather hydraulic or organic capacity of the Lubbock System treatment plant;
or
(4) Has a reasonable potential, in the opinion of the Director, for adversely affecting the
Lubbock System due to discharge or wastewater or for violating any pre-treatment
standard or requirement.
Standard Methods — The examination and analytical procedures set forth in the latest edition
of "Standard Methods for the Examination of Water and Wastewater," as prepared, approved and
published jointly by the American Public Health Association, The American Water Works
Association and the Water Pollution Control Federation.
System Access Fee — A capital contribution (impact fee, capital recovery fee, system
development charge) which represents a proportional capital cost of the capacity of Lubbock
facilities that provide utility services and benefits common to all customers, less depreciation,
outstanding debt, and appropriate contributions paid to Lubbock, required to provide service for
new connections, whether located within the jurisdictional limits of Lubbock or Customer.
Total Suspended Solids (TSS) or Suspended Solids — The solids that either float on the surface
of, or in suspension in water, sewage or other liquids, and which are largely removable by
laboratory filtration. Quantitative determination of suspended solids shall be made in accordance
with procedures set forth in "Standard Methods."
Wastewater — Liquid or water -carried waste products and sewage from whatever source,
including without limitation, residential dwellings, commercial buildings, industrial and
manufacturing facilities, and institutions, whether treated or untreated, which are discharged into
or permitted to enter the Lubbock System. The terms wastewater and sewage are
interchangeable.
ARTICLE 2
CONDITIONS OF SALE OF WASTEWATER SERVICES
2.1 CONNECTION TO THE LUBBOCK SYSTEM
Subject to the terms hereof, Lubbock hereby grants to Customer, upon compliance with the terms
and conditions contained herein, permission to connect its System to the Lubbock System.
Lubbock agrees to accept all wastewater from Customer at the point of entry as designated on
Exhibit "A", attached hereto and incorporated herein.
The cost of all delivery facilities necessary to convey wastewater to the designated point of entry,
whether shown on Exhibit "A" or mutually agreed upon at a later date, together with the cost of
connection of the Customer System to the Lubbock System, including metering and sampling
facilities, shall be the responsibility of the Customer. All such metering and delivery facilities
shall be approved by Lubbock. In the event Lubbock requires Customer to increase the size of
any such delivery facility, the difference in the cost of the delivery facility of Customer
previously approved by Lubbock, and the cost of the delivery facility as requested by Lubbock,
shall be at Lubbock's expense and may be allocated as a system cost if so determined in future
cost -of -service studies.
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Customer shall be responsible for the design and construction of additional delivery facilities.
All designs, materials and specifications shall conform to Lubbock's requirements. Plans and
specifications for any additional delivery facility which actually connects to the Lubbock System
shall be submitted to the Director for written approval. Such approval shall not be unreasonably
withheld. No construction shall begin until such approval has been given. Customer agrees that
Lubbock has the right to make periodic inspections during the construction phase of the delivery
facilities and final acceptance of same is subject to written approval of Director. Final
acceptance of such facility from the point of connection up to and including the metering and
sampling facility is subject to the inspection and written approval of the Director.
2.2. SERVICE AREA
Customer agrees not to provide wastewater service to or contract or subcontract with any new
customer who needs wastewater service. The Customer may provide sewer service solely to the
facilities associated with the facilities described in Exhibit A. No other customer, geographic
area or premises, of any kind or nature, shall be served by Customer, directly or indirectly.
2.3 WASTEWATER SYSTEM MAINTENANCE
Customer agrees to maintain its system in good condition and to make repairs in a timely
manner. Lubbock shall not have any responsibility or liability now or ever for the operation of
the Customer's System.
Lubbock agrees to maintain its system in good condition and to make repairs in a timely manner.
Customer shall not have any responsibility or liability now or ever for the operation of the
Lubbock System, except as otherwise provided herein.
2.4 METERING AND SAMPLING
Customer shall be responsible for providing metering, if required by Lubbock, and sampling
facilities at the point of entry in accordance with the Lubbock Code of Ordinances, Sec
22.04.212, as may be amended from time to time.
All flow discharged into the Lubbock System by Customer shall be metered, unless specifically
agreed to by both parties in writing. Should both parties agree in writing that metering is not
possible, the agreed upon method for determining the volume shall include an adjustment for
infiltration and inflow. The City Council of Lubbock hereby delegates the authority to approve
such alternative flow measurement to the City Manager of Lubbock, or his or designee. The
Customer and Lubbock may agree to differing methods of volume determination for each point
of entry.
All readings of the meter will be maintained by Customer. Lubbock shall have access to such
records during reasonable business hours and shall be furnished with monthly totalizer reading
for the point of entry metering and sampling facility.
Customer shall calibrate and routinely service the meter not less than once during every one -
year (1) period. Copies of the results of such calibration and all related information shall be
provided to Lubbock. Customer shall notify Lubbock at least seventy-two (72) hours in advance
of the date and time for any calibration and Lubbock may observe, if so desired.
Upon any calibration, if it is determined that the accuracy envelope of such meter is found to be
lower than ninety-five percent (95%) or higher than one hundred five percent (105%) expressed
as a percentage of the full scale of the meter, the registration of the flow as determined by such
inaccuracy began, if such time is ascertainable; or, if such time is not ascertainable, then for a
period extending back one-half 1/2) of the time elapsed since the date of the last calibration, but
in no event further back than a period of six (6) months.
If any meter used to determine volume from Customer is out of service or out of repair so that
the amount of wastewater metered cannot be ascertained or computed from the reading thereof,
the wastewater delivered through the period such meter is out of service or out of repair shall be
estimated and agreed upon by the parties hereto upon the basis of the best data available. This
basis for estimating such flow includes, but is not limited to, extrapolation of past patterns of
flow for said metering station under similar conditions.
Lubbock may periodically determine the quality of the wastewater at the metering and sampling
facilities or other agreed upon sampling points for the purpose of billing for the strength of the
wastewater and relating to compliance with pre-treatment requirements. To determine the
quality of the wastewater, in the event Lubbock desires to conduct sampling activities, Lubbock
shall collect twenty-four (24) hour composite samples or other sampling methods as deemed
necessary or advisable by Lubbock. If, at the request of Customer or at the request of the
Director, more extensive monitoring is desired, such additional monitoring shall be paid for by
the party making the request and shall be done in compliance with Paragraph 2.5.
Lubbock shall analyze the samples collected in accordance with standard methods. Customer
may be present during the initial setup of sampling equipment and at the time of pickup for the
sample. Lubbock agrees, if requested, to split said wastewater samples with Customer.
If in the opinion of the Director compliance monitoring is required, the Director may order that
additional monitoring be performed with or without prior notice to Customer. Wastewater
sampling costs incurred under this section will be at the sole cost and expense of Lubbock.
2.5 BILLING PROCEDURES
A monthly statement of the amount of wastewater determined to be discharged to Consumer/User
at the point of delivery during the preceding month shall be mailed to:
Operations Division
Business Office Box 43171
Lubbock, Texas 79409
(806) 834-1401
All such bills shall be due and payable by the Customer not more than thirty (30) days from the
billing date. The bill will show current charges, as well as past -due charges, if any. Current
charges shall be the amount due for wastewater collection, treatment and disposal service
provided since the prior billing period. Past -due shall be the total amount unpaid from all prior
billings as of the current billing date. Payments received by Lubbock shall first be applied to the
past -due charges, if any, and thereafter to the current charges.
In the event a payment is not paid as specified in the Agreement, a late charge of four- and one-
half percent (4.5%), or the maximum amount allowable by Texas law, per annum will be
calculated from the date which the payment was required to be made.
The parties hereto agree that services obtained pursuant to this Contract are essential and
necessary to the operation of Customer's waterworks and wastewater facilities and that all
payments made by each Customer hereunder shall constitute reasonable and necessary operating
expenses of Customer's waterworks and wastewater systems.
2.6 TERMS OF CONTRACT
The term of this Contract shall be for a period of four (4) years commencing upon execution of
the contract and ending four (4) years thereafter.
In the event of continued and mutual interest of the terms of this Contract, a new contract shall be
negotiated, developed, approved, and executed for the period after the expiration of this contract.
However, in the event that a new contract is not or cannot be agreed upon, there shall be no further
discharge or responsibilities of the City of Lubbock and the Customer.
Customer or the City of Lubbock may terminate this Contract for any reason by providing each
other one hundred twenty (120) days prior written notice.
ARTICLE 3
CONDITIONS OF RECEIVING SERVICE
3.1 RATES AND PAYMENTS
Customer shall pay Lubbock, in a timely manner as provided in this Contract, those charges for
wastewater services provided to Customer pursuant to the terms of the contract. The base
monthly rate for the meters installed at the Point of Delivery shall be equal to the rate established
by the City Council of Lubbock for meter of equal size as set forth in Section 22.04.041 of Code
of Ordinances of the City of Lubbock, as may be amended from time to time. The volume rate
charges for wastewater services provided shall be equal to the rate established by the City
Council of the City of Lubbock charged to wholesale customers as set forth in Section 22.04.041
of Code of Ordinances of the City of Lubbock, as may be amended from time to time.
The setting of wastewater rates is a legislative function of Lubbock. To the extent the Customer
has any protest to the rates charged pursuant to this Contract, Customer understands and agrees
that it has the right to ask to address the City Council of the City of Lubbock as to said rates, but
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that the City Council of the City of Lubbock ultimately has the legislative authority to determine
such rates.
3.2 CONNECTIONS AND MONITORING
Customer agrees that it will not permit any significant industrial user within its jurisdiction to
connect directly or indirectly either to its system or to the Lubbock System.
Customer agrees to conduct any and all monitoring, sampling and inspection of Customer
System necessary to ensure that industrial waste introduced into the Customer System meets the
quality standards set out in Section 9.2 hereof. Upon request to Customer, a representative of
Lubbock will be permitted to observe Customer's collection of samples, and Customer agrees to
furnish Lubbock separate duplicate samples for independent testing, and, upon request, to
provide the Director sample analysis results and pretreatment records.
Customer agrees that Lubbock shall have the right to sample wastewater at the point of entry and
such other locations as may be needed for the purpose of determining the volume and quality of
wastewater entering the Lubbock System. Customer agrees to disconnect from its system any
user found to be in violation of allowable discharges or who refuses access to its facilities for the
purpose of sampling wastewater being discharged into the Customer System; provided, however,
that said disconnected user shall be afforded the same rights privileges of appeal and deficiency
cure periods as are industrial users operating within Lubbock's jurisdiction.
Customer grants to Lubbock the right to enter Customer's jurisdiction or property if Lubbock
determines that questionable discharges or prohibited discharges are entering the Lubbock
System emanating from the Customer System. Customer agrees to assist Lubbock in locating
and eliminating such prohibited discharges.
3.3 WASTEWATER QUALITY
Customer agrees that on or before thirty (30) days from date of execution of this Contract it shall
enact and cause to be enforced rules, regulations or ordinances at least as stringent as (i) Division
4 and Division 5 of Article 22.04 of Chapter 22 of the Lubbock Code of Ordinances, as may be
amended from time to time; and (ii) applicable state and federal regulations relating to (a)
discharged substances; (b) prohibited discharges; (c) pretreatment requirements; (d) industrial
discharge permitting systems; and (e) industrial self -monitoring reports.
Customer agrees that the quality of the wastewater discharge into the Customer System shall be
equal to or better than the quality standards established by Division 3 of Article 22.04 of Chapter
22 of the Lubbock Code of Ordinances, as may be amended from time to time.
Customer shall not, at any time during the term of this Contract, conduct any activity or
discharge any wastewater to the Lubbock System which would cause it to be classified as a
significant industrial user.
3.4 INFILTRATION AND INFLOW
Customer agrees that it has an obligation to prevent infiltration and inflow into its System and
then into the Lubbock System. Customer further agrees that all sewer connections within its
jurisdiction which ultimately enter into the Lubbock System will be constructed in accordance
with applicable specifications and standards at least equal to those of the Lubbock System.
Further, Customer covenants and agrees to maintain strict supervision and maintenance of its
System to prevent connections through which surface drainage can enter ultimately into the
Lubbock System. Customer shall not make, nor shall it permit to be made, any connection
which will contribute storm water run-off of any kind, including without limitation, from
rainwater spouts, rainwater areas, streets, gutter drain or other source, into its sanitary sewer
system.
3.5 WASTE HAULER PROHIBITION
Customer agrees to prohibit the introduction of liquid waste or wastewater from waste haulers
into the Customer System, directly or indirectly.
3.6 INSPECTION AND AUDIT
Complete records and accounts shall be maintained by each party hereto for a period required by
law or five (5) years, whichever is greater. Each party shall at all times, upon notice, have the
right at reasonable times to examine and inspect said records and accounts during normal
business hours. Further, if required by any low, rule or regulation, make said records and
accounts available to federal and/or state auditors.
3.7 COMPLIANCE AND PERMIT CONDITIONS
Customer acknowledges that Lubbock is the holder of discharge permits issued by the United
States and/or the State of Texas and is subject to regulations and requirements related to the
collection and treatment of wastewater (collectively the "Permit"). Customer agrees that it will
comply with all Permit conditions in any way relating to the collection system and the discharge
into the collection system.
3.8 REPORTS AND RECORDS
If requested by the Director, the Customer shall provide quarterly data that may assist Lubbock
in developing methodology for cost -of -service studies, planning studies for analyzing federal
grants, and system access fees.
ARTICLE 4
MUTUAL CONDITIONS
4.1 SYSTEM ASSISTANCE
In the event Customer requests assistance with its System, Lubbock may, at its option, assist
Customer. Customer agrees to pay Lubbock its actual costs incurred, including, but not limited
to, labor and material expended. Nothing herein shall be construed to require Lubbock to assist
Customer. Such costs will be invoiced to Customer and payment made within ten (10) days after
receipt of invoice.
4.2 NOTICES
Any notice, communication, request, reply or advice herein provided or permitted to be given,
made or accepted by either party to the other party must be in writing to:
LUBBOCK
City of Lubbock
Attn: Aubrey Spear
Director of Water Utilities
P.O. Box 2000
Lubbock, Texas 79457
Facsimile: (806) 775-3027
Email: aspear@mylubbock.us
CUSTOMER
Texas Tech University
Attention: Carey Hewett
Contracting
Box 43171
Lubbock, Texas 79409
Phone: (806) 834-1657
Email: carey.hewett@ttu.edu
w/copy to:
Procurement Services
Contracting
Box 41094
Lubbock, TX 79409
Email: contracting@ttu.edu
The parties hereto shall indicate in writing any change that may occur in such respective
addresses from time to time.
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4.4 CONSENT
Whenever, under the terms of this Agreement, either party is permitted to give its written consent
or approval, either party, in its discretion, may give or may refuse such written consent or
approval and, if given, may restrict, limit or condition such consent or approval in any manner it
shall deem advisable.
4.5 WAIVER, REMEDY, SEVERABILITY
No waiver by either party hereto of any term or condition of this Agreement shall be deemed or
construed to be a waiver of any other term or condition or subsequent waiver of the same term or
condition.
In addition to any other remedy as may be provided by law, this Agreement shall be specifically
enforceable by the parties hereto. Laws of the State of Texas shall govern the terms,
performance, and enforcement of the Agreement. Sole and exclusive venue for any action shall
be in Lubbock County, Texas.
It is agreed that, in the event any term or provision herein contained is held to be invalid by any
court of competent jurisdiction, the invalidity of such term or provision shall in no way affect
any other term or provision contained herein. In such event, this Agreement shall continue as if
such invalid term or provision had not been contained herein.
4.6 OWNERSHIP AND LIABILITY
No provision of this Agreement shall be construed to create any type of joint or equity ownership
of any property, any partnership or joint venture nor shall same create any other right or
liabilities and customer payments (whether past, preset, or future) will not be construed as
granting Customer partial ownership of, pre -paid capacity in, or equity in the Lubbock System.
Each party to this agreement will be responsible for its own actions in providing services under
this agreement.
Contracts made and entered into by Customer for the construction, reconstruction or repair of
any delivery facility shall include the requirements that the independent contractor(s) must
provide adequate insurance protecting both the Customer and Lubbock as insured. Such contract
must also provide that the independent contractor covenant to indemnify, hold harmless and
defend both the Customer and Lubbock against any and all suits or claims for damages of any
nature arising out of the performance of such contract.
4.7 FORCE MAJEURE
No party hereto shall be considered to be in default in the performance of any of the obligations
hereunder (other than obligations of either party to pay costs and expenses) if such failure of
performance shall be due to an uncontrollable force beyond the control of the parties, including
but not limited to, the failure of facilities, flood earthquake, tornado, storm, fire, lightening,
epidemic, war, riot, civil disturbance or disobedience, labor dispute and action or non -action by a
failure to obtain the necessary authorizations and approvals from any governmental agency or
authority of the electorate, labor or material shortage, sabotage, or restraint by a court order or
public authority, which by the exercise of due diligence it shall be unable to overcome. Either
parity rendered unable to fulfill any obligation by reason of an uncontrollable force shall exercise
due diligence to remove such inability with all reasonable dispatch.
4.8 DEFAULT AND REMEDIES
The dispute resolution process provided for in the Texas Government Code, Chapter 2260 will
be used by Lubbock in an attempt to resolve any unresolved claim for breach of this Agreement
arising under this Agreement.
a. The dispute resolution process provided for in Government Code Chapter 2260 will not,
at any time, affect Customer's right of ability to bring suit against Lubbock for disputes
arising under this Agreement, nor will it affect Customer's ability to assert all claims and
defenses in a lawsuit. Customer reserves its right to seek redress in the courts for any
matter it deems appropriate; and
b. Notwithstanding any other provision of this Agreement to the contrary, unless otherwise
requested or approved in writing by Customer, Lubbock shall continue performance and
shall not be excused from performance during the period any breach of contract claim or
dispute is pending under either of the above processes; however, Lubbock may suspend
performance during the pendency of such claim or dispute if it has complied with all
provisions of Section 2251.051, Texas Government Code, and such suspension of
performance is expressly applicable and authorized under that law.
NEITHER THE EXECUTION OF THIS AGREEMENT BY CUSTOMER NOR ANY OTHER
CONDUCT OF ANY OF CUSTOMER'S REPRESENTATIVES RELATING TO THE
AGREEMENT CONSTITUTES OR IS INTENDED TO CONSTITUTE A WAIVER OF
TTU'S OR THE STATE'S SOVERIGN IMMUNITY TO SUIT; AND TTU HAS NOT
WAIVED ITS RIGHT TO SEEK REDRESS IN THE COURTS.
In the event a condition arises that creates a danger to health and safety of the public, the City shall
have the right to immediately suspend service without liability until such time as the condition is
remedied. City shall give notice to CONSUMER/USER of such suspension of service as soon as
practical; however, the City shall not have any liability for failure to give notice and such a failure
to give notice shall not abrogate the City's authority to take any action to abate a danger to health
and safety of the public.
4.9 EFFECTIVE DATE
This Contract, together with all terms and conditions and covenants, shall be effective as of the
date of the execution hereof by Lubbock.
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4.10 CONDITION PRECEDENT
The obligation of Lubbock to perform under this Agreement is subject to the condition precedent
that, prior to accepting any liquid waste, wastewater or other water pursuant to the terms hereof,
Lubbock and Customer shall have received written approval and authorization to perform
hereunder by the Environmental Protection Agency of the United States of America, the Texas
Commission of Environmental Quality and any other governmental or regulatory body or
authority having jurisdiction over such matters.
4.11 MISCELLANEOUS
This Agreement is subject to all applicable federal and state laws and any applicable permits,
rules, or amendments adopted pursuant to Section 3.3 rules, orders, and regulations of any state
of federal governmental authority having or asserting jurisdiction.
The Customer agrees to abide by and comply with any changes in this Agreement made
necessary by an amendment or revision to state or federal regulations.
Upon prior notice by Lubbock, any duly authorized employee of Lubbock bearing proper
credentials and identification shall notify Customer of need for access to any premises located
within Customer's jurisdiction as may be necessary for the purpose of inspections and
observation, measurement, sampling and texting and/or auditing, in accordance with the
provisions of this Contract. Upon such notice Customer shall immediately allow access to the
Lubbock representative. Customer may elect to accompany the Lubbock representative.
In each instance herein where reference is made to a federal or state statute regulation or rule, it
is the intention of the parties that, at any given time, the current federal or state statute, regulation
or rule shall apply.
If a publication or reference work referred to herein is discontinued or ceases to be the general
accepted work in its field, or if conditions change, or new methods or processes are implemented
by Lubbock, new standards shall be adopted which are in compliance with state and federal laws
and any valid rules and regulations pursuant thereto.
Lubbock must comply with all federal, state and local government requirements to obtain grants
and assistance for system design, system construction and studies. Customer agrees to assist
Lubbock in compliance by setting adequate rates, establishing proper user charges and
complying with governmental requirements.
Section headings in this Agreement are for convenience only and do not purport to accurately or
completely describe and contents of any section. Such headings are not to be construed as part
of this Agreement or any way defining, limiting or amplifying the provision hereof.
4.12 CURRENT REVENUES
Each party paying for performance under this Agreement shall make all payments from current
revenues available to the pay party.
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IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their
respective officers thereunto duly authorized.
LUBBOCK:
City of Lubbock
BY:
—�n=
Daniel M. Pope, Mayor
ATTEST:
i19WccaGarza, City Se ret y
APPROVED AS TO FORM:
Amy Sims, Assistant City Attorney
CUSTOMER:
Texas Tech University
BY:
Noel Sloan, Senior Vice President of
Administration & Finance and Chief Financial
Officer
'Public Works
lities
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Exhibit A
Texas Tech East Research Building