450 Civic Center Plaza, Richmond, CA 94804-1630
Telephone: (510) 620-6594 Fax: (510) 307-8195 www.ci.richmond.ca.us Water Resource Recovery Division
PUBLIC WORKS DEPARTMENT
October 17, 2023
West County Wastewater District
2910 Hilltop Dr,
Richmond, CA 94806
Dear Andrew Clough:
West County Wastewater District, Richmond Municipal Sewer District, and the City of Richmond (collectively “Parties”) entered into a Joint Exercise of Powers Agreement (the "Agreement") on February 15, 1977, forming the West County Agency. The Parties the n entered an Amended and Restated Joint Exercise of Powers Agreement as of June 15, 1984, then thereafter amended the Agreement on April 2, 1990, November 23, 1992, December 21, 1993, July 2, 1996, and July 21, 2020.
The Agreement was amended as an “Amended and Restated Joint Exercise of Powers Agreement as of September 15, 2022”. West County Wastewater District approved the Amended and Restated Agreement as of September 15, 2022. The City of Richmond City Council has not yet voted to approve it.
The purpose of this letter is to confirm the Parties’ mutual understanding in regard to the Agreement, the amendments to the Agreement, the Amended and Restated Agreement of September 15, 2022, and the schedules attached thereto (collectively “Agreement Version s”), specifically that nothing in the Agreement Versions has been intended by either party to lengthen the term of any contract by any Party or by the JPA with Veolia Water West Operating Services, Inc. (“Veolia”) or any Veolia entity including but not limited to Veolia North America, LLC, Veolia Group, Veolia Environmental Services, Veolia Environment, or Veolia Water Technologies; nor shall any of the Agreement Versions be construed to adversely impact the Parties’ rights to terminate any agreement with V eolia. The City of Richmond, Richmond Municipal Sewer District, and West County Wastewater District also mutually agree that there are no intended third -party beneficiaries to any of the Agreement Versions. This letter does not amend or supersede any of the Agreement Versions.
The Parties warrant that they have the authority to execute this letter agreement concerning intent. The Parties agree that this side letter agreement concerning intent may be cited to and relied upon by any of the Parties to demo nstrate that that there are no intended third -party beneficiaries to any of the Agreement Versions and that nothing in the Agreement Versions has been intended by either party to lengthen the term of any contract by any Party or by the JPA with Veolia. Pa rties may also cite this letter agreement to demonstrate that the Agreement Versions were not intended to adversely impact the Parties’ rights to terminate any agreement with Veolia.
WEST COUNTY WASTEWATER
DISTRICT
_________________, 20_____ By: _______________________
Andrew Clough, General Manager
CITY OF RICHMOND
_________________, 20_____ By: _________________________ City Manager, Shasa Curl
RICHMOND MUNICIPAL SEWER
DISTRICT
___________________ , 20_____ By: _______________________ Public Works Director, Daniel Chavarria