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File #: 2022-587    Version: 1 Name:
Type: Resolution Status: Passed
File created: 12/12/2022 In control: Board of Directors Workshop Meeting
On agenda: 12/14/2022 Final action: 12/14/2022
Title: Wastewater Disposal Services Contract with Evergreen-Farmington Sanitary Drain Drainage District
Sponsors: Randal Brown
Indexes: General Counsel

Title

Wastewater Disposal Services Contract with Evergreen-Farmington Sanitary Drain Drainage District

 

Body

Agenda of:                      December 14, 2022

Item No.:                     2022-587

Amount:                     Revenue Contract                                                                                                                                                                                             

 

TO:                                          The Honorable

Board of Directors

Great Lakes Water Authority

 

FROM:                     Suzanne R. Coffey, P.E.

                                          Chief Executive Officer

                                          Great Lakes Water Authority

 

DATE:                     December 14, 2022

 

RE:                     Wastewater Disposal Services Contract with Evergreen-Farmington Sanitary Drain Drainage District

 

MOTION

 

Upon recommendation of Randal Brown, General Counsel, the Board of Directors (“Board”) of the Great Lakes Water Authority (“GLWA”), authorizes the Chief Executive Officer (“CEO”) to execute the Wastewater Disposal Services Contract with Evergreen-Farmington Sanitary Drain Drainage District; and authorizes the CEO to take such other action as may be necessary to accomplish the intent of this vote.

BACKGROUND

On 12/13/2022, the Evergreen Farmington Sanitary Drain Drainage District (“Member Partner”) Board agreed to the terms of a thirty-year Wastewater Disposal Services Contract.

 

The parties utilized the model contract that resulted in several communities executing 30-year wastewater contracts between 2014-2015. The model contract was modified to reflect GLWA as the regional service provider and address sections of the contract that were not applicable to Evergreen-Farmington Sanitary Drain Drainage District because of its legal status as a drainage district. No other changes were made to model contract to preserve equity in contracting.

 

This contract increases Evergreen-Farmington Sanitary Drain Drainage District’s Maximum Allowable Flow Limit from 170 cfs to 227 cfs. The Wastewater Contract should be tie-barred to the approval of the Maximum Allowable Flow Limit/Capital Contributions Agreement.

JUSTIFICATION

The contract with Evergreen-Farmington Sanitary Drain Drainage District reflects the model contract language developed collaboratively between GLWA and its wholesale customers. Approval of this contract provides a mutually beneficial, stable, long-term framework for interactions between GLWA and Evergreen-Farmington Sanitary Drain Drainage District.

 

BUDGET IMPACT

Budgetary impacts will be addressed through the SHAREs process.

COMMITTEE REVIEW

This matter is being presented to the Legal Committee for consideration at its meeting on December 14, 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.