Title
Proposed Amendment No. 4 to Water Service Contract with City of Eastpointe
Body
Agenda of: June 22, 2022
Item No.: 2022-252
Amount: Revenue Contract
TO: The Honorable
Board of Directors
Great Lakes Water Authority
FROM: Suzanne R. Coffey, P.E.
Interim Chief Executive Officer
Great Lakes Water Authority
DATE: June 22,2022
RE: Proposed Amendment No. 4 to Water Service Contract with City of Eastpointe
MOTION
Upon recommendation of Randal Brown, General Counsel, the Board of Directors (“Board”) of the Great Lakes Water Authority (“GLWA”), authorizes the Interim Chief Executive Officer (“ICEO”) to execute Amendment No. 4 to the 30-year water service contract with City of Eastpointe; and authorizes the ICEO to take such other action as may be necessary to accomplish the intent of this vote.
BACKGROUND
On 5/17/2022, the Eastpointe (“Member Partner”) City Council agreed to the terms of Amendment No. 4 (“Amendment”) to its water service contract with GLWA. This Amendment is one of several regularly occurring amendments required by the terms of GLWA’s model 30-year water service contract.
This Amendment incorporates the following changes:
Section 5.06 is deleted. Section 5.06 was known as the “minimum take or pay” clause. Previously, on January 26, 2022, this Honorable Body agreed to the removal of this clause from all member partner contracts because the 60% fixed cost component of the GLWA charge structure eliminates its need.
Section 5.07 is modified to establish the universal 4-year reopener schedule now standard in the model water service contract.
Exhibit A is modified to update certain information which may include the Member Partner’s service area boundaries, meter locations, emergency connections, the list of retail customers outside the Member Partner’s corporate limits, and each party’s respective ownership and maintenance responsibilities. Exhibit A is not attached for homeland security reasons.
Exhibit B, attached, is affirmed and/or modified regarding (a) the pressure range at directly metered locations for calendar years 2023 to 2026, (b) the maximum day and peak hour values for calendar years 2023 to 2026, and (c) the projected annual volume for system planning purposes for fiscal years 2024 to 2027.
JUSTIFICATION
Approval of this Amendment provides a mutually beneficial, stable, long-term framework for interactions between GLWA and the Member Partner and incorporates annual system planning volumes, pressures, and maximum day and peak hour values that better reflect future Member Partner usage.
BUDGET IMPACT
The revenues expected to result from this Amendment will be reflected in the FY 2023-2024 schedule of charges.
COMMITTEE REVIEW
This matter was presented to the Legal Committee at its meeting on June 22, 2022. The Legal Committee unanimously recommended that the GLWA Board adopt the resolution as presented.
SHARED SERVICES IMPACT
This item does not impact the shared services agreement between GLWA and DWSD.