Title
Proposed Amendment No. 4 to Water Service Contract with Charter Township of Shelby
Body
Agenda of: January 27, 2021
Item No.: 2021-030
Amount: Revenue Contract
TO: The Honorable
Board of Directors
Great Lakes Water Authority
FROM: Sue F. McCormick
Chief Executive Officer
Great Lakes Water Authority
DATE: January 27, 2021
RE: Proposed Amendment No. 4 to Water Service Contract with Charter Township of Shelby
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 Amendment No. 4 to the 30-year water service contract with Charter Township of Shelby; and authorizes the CEO to take such other action as may be necessary to accomplish the intent of this vote.
BACKGROUND
On 12/1/2020, the Shelby Township ("Member Partner") Board agreed to the terms of Amendment No. 4 ("Amendment") to the Water Service Contract with GLWA.
During the summer of 2020, Member Partner experienced exceedances of its contractual peak hour flow rate. As a result, the parties discussed how Member Partner can best manage its usage to the contract limits. In this Amendment, Member Partner has agreed to the modification of certain terms and conditions of the contract to provide for more oversight and management of Member Partner's peak hour flow rate, including annual meetings with GLWA to review usage for calendar years 2021 and 2022, and, if necessary, beyond. Member Partner also agreed to a corrective action plan in which an irrigation ordinance meant to achieve compliance with the contract peak hour value will be enacted by March 1, 2021.
Moreover, as set forth in the attached Exhibit B, GLWA and the Member Partner agreed to increase the peak hour value for calendar year 2021 and beyond. No other contract values are modified by this Amendment.
JUSTIFICATION
Approval of this Amendment provides a mutually...
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