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HomeMy WebLinkAbout2021-05-17-I01L Termination_Water Service Enhancement AgreementAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: May 17, 2021 AGENDA ITEM:Consideration of approval of a resolution approving Termination of Third Amendment to Water Service Enhancement Agreement FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: When the City of Waukee took on the task of meter reading and utility billing of our own customers, the Third Amendment to the Water Service Enhancement Agreement with Des Moines Water Works was not officially terminated. The Third Amendment has been fully performed and deemed to be of no further force and effect. All payment and contract performances due under the Third Amendment have been fully made and satisfied and there is no remaining obligation. DMWW and the City of Waukee mutually agree to terminate the Third Amendment. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Resolution II. Termination of Third Amendment to Water Service Enhancement Agreement PREPARED BY: Beth Richardson REVIEWED BY: Rudy Koester RK PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: I1L THE CITY OF WAUKEE, IOWA RESOLUTION 2021- APPROVING TERMINATION OF THIRD AMENDMENT TO WATER SERVICE ENHANCEMENT AGREEMENT IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee is a duly organized municipality within Dallas County; AND, WHEREAS, the City of Waukee operates a municipal water utility; AND, WHEREAS, the City of Waukee (“Waukee”) and Des Moines Water Works (“DMWW”) are parties to a Water Service Enhancement Agreement dated May 26, 1992, which Waukee joined by addendum dated August 24, 1992 (the “Water Service Enhancement Agreement”). DMWW and Waukee have subsequently entered into five amendments thereto as they affect such parties, including a Third Amendment dated June 24, 2003 (the “Third Amendment”). In the Third Amendment the parties terminated the First Amendment and the Second Amendment as defined in the Third Amendment and have subsequently entered into a Fourth Amendment and Fifth Amendment; AND, WHEREAS, the parties desire to document that the Third Amendment has been fully performed by the parties and is no longer of ongoing force or effect, except insofar as it terminated the First Amendment and the Second Amendment. NOW THEREFORE BE IT RESOLVED 1.The Third Amendment to the Water Service Enhancement Agreement is hereby terminated and is acknowledged and agreed by the parties to have been fully performed by the parties. The Third Amendment shall be deemed to be of no further force and effect as of this date, except to cause the termination of the First Amendment and Second Amendment as set forth in the Third Amendment. 2.All payments and contract performances due under the Third Amendment between DMWW and Waukee have been fully made and satisficed and there are no remaining further obligations thereunder. The parties mutually release each other from all claims under the Third Amendment. 3.Except as amended hereby, the Water Service Enhancement Agreement, as previously amended, shall remain in full force and effect. For avoidance of doubt this means that the Water Service Enhancement Agreement, as amended by the Fourth Amendment and the Fifth Amendment shall remain in full force and effect. BE IT FURTHER RESOLVED, by the City Council of the City of Waukee, Iowa, that the Termination of Third Amendment to Water Service Enhancement Agreement are hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved this the 17th day of May, 2021. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman Pierce R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair TERMINATION OF THIRD AMENDMENT TO WATER SERVICE ENHANCEMENT AGREEMENT TERMINATION OF THIRD AMENDMENT TO WATER SERVICE ENHANCEMENT AGREEMENT made and entered into as of the day of________________, 2021, by and between the CITY OF WAUKEE, IOWA ("WAUKEE") and the BOARD OF WATER WORKS TRUSTEES OF THE CITY OF DES MOINES, IOWA ("DMWW"). RECITALS: A. DMWW is a duly constituted utility board under the laws of Iowa, and as such, it manages and controls the water works system serving the City of Des Moines, Iowa and environs. B. Waukee is a city that operates a municipal water utility. C. DMWW and Waukee are parties to a Water Service Enhancement Agreement dated May 26, 1992, which Waukee joined by addendum dated August 24, 1992 (the “Water Service Enhancement Agreement”). DMWW and Waukee have subsequently entered into five amendments thereto as they affect such parties, including a Third Amendment dated June 24, 2003 (the “Third Amendment”). In the Third Amendment the parties terminated the First Amendment and the Second Amendment as defined in the Third Amendment amendment and have subsequently entered into a Fourth Amendment and Fifth Amendment. D. The parties desire to document that the Third Amendment has been fully performed by the parties and is no longer of ongoing force or effect, except insofar as it terminated the First Amendment and the Second Amendment. NOW THEREFOR THE PARTIES AGREE AS FOLLOWS: 1.The Third Amendment to the Water Service Enhancement Agreement is herby terminated and is acknowledged and agreed by the parties to have been fully performed by the parties. The Third Amendment shall be deemed to be of no further force and effect as of this date, except to cause the termination of the First Amendment and Second Amendment as set forth in the Third Amendment. 2.All payments and contract performances due under the Third Amendment between DMWW and Waukee have been fully made and satisficed and there are no remaining further obligations thereunder. The parties mutually release each other from all claims under the Third Amendment. 3.Except as amended hereby, the Water Service Enhancement Agreement, as previously amended, shall remain in full force and effect. For avoidance of doubt this means that the Water Service Enhancement Agreement, as amended by the Forth Amendment and the Fifth Amendment shall remain in full force and effect. Dated: _______________________, 2021. CITY OF WAUKEE, IOWA By: _________________________________ ATTEST: ____________________________________ BOARD OF WATER WORKS TRUSTEES OF THE CITY OF DES MOINES, IOWA By: _________________________________ ATTEST: ____________________________________