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HomeMy WebLinkAboutRES 21-325RESOLUTION NO. 21-325 BE IT RESOLA/E[D BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a contract between the City of Beaumont and Jefferson County related to potable drinking water services and sanitary sewer services to the Jefferson County Correctional Facility for a one (1 ) year term commencing from and after the date of execution and continuing thereafter year to year until either party gives thirty (30) days written notice of intent to terminate the contract. The contract is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSES BY THE CITY COUNCIL of the City of Beaumont this the 7th day of December, 2021. Mayor Robin Mouton - STATE OF TEXAS COUNTY OF JEFFERSON CITY OF BEAUMONT SERVICE CONTRACT BETWEEN City of Beaumont and Jefferson County, Texas WHEREAS, Jefferson County, Texas doing business in the State of Texas (herein "Owner"), and the City of Beaumont, a municipal corporation of the State of Texas (herein "City") entered into a Contract on for the City to provide potable drinking Water services and sanitary sewer services to the Jefferson County Correctional Facility, located at 5030 U.S. 69, Beaumont, Texas 77705. WHEREAS, the City and Jefferson County, Texas desire to adopt a Service Agreement Contract for the provision of potable drinking water services and sanitary sewer services to the Jefferson County Correctional Facility, located at 5030 U.S. 69, Beaumont, Texas 77705and agree as follows: WITNESSETH I. Owner agrees to maintain, free of charge to the City, the water and sewer lines within its property. II. The City shall have the right to enter on the Owner's property or premises with 24 hour prior notice, unless under an emergency situation, for any purposes reasonably incidental to or necessitated by the terms and provisions of this Contract. They City will abide by all Owner's site safety rules and other site access rules while on the Owner's property. EXHIBIT "A" Owner agrees to install and maintain all appropriate required backflow and backsiphonage prevention assembly devices deemed necessary by the Texas Commission on Environmental Quality regulations to protect the internal customers. The internal protection of the drinking water supplied to Owner's employees and/or customers is the responsibility of Owner. The City will provide guidance on proper cross connection prevention. IV. Owner agrees to comply with applicable City Code of Ordinances including the following restrictions and unacceptable practices prohibited by State regulations: 1. No direct connection between the public drinking water supply and a potential source of contamination is permitted. Potential sources of contamination shall be isolated from the public drinking water supply by an air -gap or a reduced pressure -zone backflow prevention device. 2. No cross -connection between the public drinking water supply and a private water system is permitted. These potential threats to the public drinking water supply shall be eliminated at the service connection by the installation of an air -gap or an approved backflow prevention device. 3. No connection which allows water to be returned to the public drinking water supply is permitted. 4. No pipe or pipe fitting which contains more than 8.0% lead may be used for the installation or repair of plumbing at any connection which provides water for human use. 5. No solder or flux which contains more than 0.2% lead shall be used for installation or repair of any water supply which provides water for human use. V. The Water Utilities Department will maintain a copy of this Contract as long as the Owner and/or the premises are connected to the Water Utilities Department. Additional requirements are listed below: Owner shall have their property inspected for possible cross -connections and other potential contamination hazards. These inspections shall be conducted by a qualified inspector acceptable to the Water Utilities Department annually, or when there is reason to believe the cross -connection or other potential contamination hazards exist due to changes to the private water distribution facilities. 2. Owner shall notify the Water Utilities Department in writing of any cross - connection or other potential contamination hazard which has been identified during the initial inspection or the annual re -inspection. 3. Owner shall immediately remove or adequately isolate any potential cross - connections or other potential contamination hazards on their premises. 4. Owner shall, at their expense, properly install, test annually, and maintain any backflow prevention device required by the Water Utilities Department. Copies of all testing and maintenance records shall be provided to the Water Utilities Department by July 30 of each year or date of annual testing schedule. Vl. Owner will be responsible for chlorine and coliform monitoring within each of the Units in accordance with State regulations and guidelines. The City will supply coliform sample bottles and perform the test. The Owner will perform the chlorine test and report results with the coliform sample collected to the City. If the Owner is identified as a Public Water System by the State then all testing and reporting requirements to the State as a Public Water Supply System will be the responsibility of the Owner. The City will provide annually the Consumer Confidence Report for its distribution. In the event of a change in treatment or distribution such as utilizing treated water other than City supply, Owner agrees to promptly report to the City. VII. Owner agrees to comply with applicable City Code of Ordinances including the sewer use ordinance regarding the discharge of industrial wastewater. Owner will only discharge wastewater when approved and authorized by the City in accordance with local, State, and Federal requirements as described in the wastewater discharge permit. VIII. Owner will have the same rates for water and sewer services as established from time - to -time by the City Council for inside the City of Beaumont. IX. This Contract shall be for a period of 12 months from and after the date of execution and shall continue there after year to year until either party gives 30 days written notice of intent to terminate this agreement. X. Owner may, from time to time, convey or assign this Contract with respect to all or any part of the land contained within Owner's property boundaries, and the assignee or assignees shall be bound by this Contract. Upon prior approval by the City Council, of the assignee or assignees, and only upon the condition that the assignee or assignees assume the liabilities, responsibilities and obligations under this Contract with respect to the land involved in the assignment or assignments, or as may be otherwise approved by the City Council. In connection with this Contract, official addresses for the notification shall be: A. City Manager City of Beaumont 801 Main Street Beaumont, Texas 77701 B. County Judge Jefferson County, Texas Any changes in said addresses may be made by notifying the other parties by certified mail. of the new or changed contact person and/or address. XI. This Service Agreement represents the entire and integrated Contract between the City of Beaumont and Jefferson County and supersedes all prior negotiation, representatives, or agreements, either oral or written. This Contract may be amended only by written instrument signed by both the City of Beaumont and Jefferson County, Texas. IN WITNESS WHEREOF, the City of Beaumont has lawfully caused these presents to be executed by the hand of the City Manager of said City, and the municipal corporate seal of said City to be hereunto affixed, and the Customer, Jefferson County, Texas acting by its Authorized Representative, does now sign, execute, and deliver this document. Executed this day of 72021. Kyle Hayes, City Manager Jefferson County, Texas Authorized Representative COUNTY OF JEFFERSON CITY OF BEAUMONT SERVICE CONTRACT BETWEEN City of Beaumont and Jefferson County, Texas WHEREAS, Jefferson County, Texas doing business in the State of Texas (herein "Owner"), and the City of Beaumont, a municipal corporation of the State of Texas (herein zo -I "City") entered into a Contract on teecem 4� for the City to provide potable drinking Water services and sanitary sewer services to the Jefferson County Correctional Facility, located at 5030 U.S. 69, Beaumont, Texas 77705. WHEREAS, the City and Jefferson County, Texas desire to adopt a Service Agreement Contract for the provision of potable drinking water services and sanitary sewer services to the Jefferson County Correctional Facility, located at 5030 U.S. 69, Beaumont, Texas 77705and agree as follows: WITNES SETH I. Owner agrees to maintain, free of charge to the City, the water and sewer lines within its property. H. The City shall have the right to enter on the Owner's property or premises with 24 hour prior notice, unless under an emergency situation, for any purposes reasonably incidental to or necessitated by the terms and provisions of this Contract. They City will abide by all Owner's site safety rules and other site access rules while on the Owner's property. KI Owner agrees to install and maintain all appropriate required backflow and backsiphonage prevention assembly devices deemed necessary by the Texas Commission on Environmental Quality regulations to protect the internal customers. The internal protection of the drinking water supplied to Owner's employees and/or customers is the responsibility of Owner. The City will provide guidance on proper cross connection prevention. [LIiVA Owner agrees to comply with applicable City Code of Ordinances including the following restrictions and unacceptable practices prohibited by State regulations: 1. No direct connection between the public drinking water supply and a potential source of contamination is permitted. Potential sources of contamination shall be isolated from the public drinking water supply by an air -gap or a reduced pressure -zone backflow prevention device. 2. No cross -connection between the public drinking water supply and a private water system is permitted. These potential threats to the public drinking water supply shall be eliminated at the service connection by the installation of an air -gap or an approved backflow prevention device. 3. No connection which allows water to be returned to the public drinking water supply is permitted. 4. No pipe or pipe fitting which contains more than 8.0% lead may be used for the installation or repair of plumbing at any connection which provides water for human use. 5. No solder or flux which contains more than 0.2% lead shall be used for installation or repair of any water supply which provides water for human use. V. The Water Utilities Department will maintain a copy of this Contract as long as the Owner and/or the premises are connected to the Water Utilities Department. Additional requirements are listed below: 1. Owner shall have their property inspected for possible cross -connections and other potential contamination hazards. These inspections shall be conducted by a qualified inspector acceptable to the Water Utilities Department annually, or when there is reason to believe the cross -connection or other potential contamination hazards exist due to changes to the private water distribution facilities. 2. Owner shall notify the Water Utilities Department in writing of any cross - connection or other potential contamination hazard which has been identified during the initial inspection or the annual re -inspection. 3. Owner shall immediately remove or adequately isolate any potential cross - connections or other potential contamination hazards on their premises. 4. Owner shall, at their expense, properly install, test annually, and maintain any backflow prevention device required by the Water Utilities Department. Copies of all testing and maintenance records shall be provided to the Water Utilities Department by July 30 of each year or date of annual testing schedule. Vl. Owner will be responsible for chlorine and coliform monitoring within each of the Units in accordance with State regulations and guidelines. The City will supply coliform sample bottles and perform the test. The Owner will perform the chlorine test and report results with the coliform sample collected to the City. If the Owner is identified as a Public Water System by the State then all testing and reporting requirements to the State as a Public Water Supply System will be the responsibility of the Owner. The City will provide annually the Consumer Confidence Report for its distribution. In the event of a change in treatment or distribution such as utilizing treated water other than City supply, Owner agrees to promptly report to the City. Owner agrees to comply with applicable City Code of Ordinances including the sewer use ordinance regarding the discharge of industrial wastewater. Owner will only discharge wastewater when approved and authorized by the City in accordance with local, State, and Federal requirements as described in the wastewater discharge permit. Owner will have the same rates for water and sewer services as established from time - to -time by the City Council for inside the City of Beaumont. This Contract shall be for a period of 12 months from and after the date of execution and shall continue there after year to year until either parry gives 30 days written notice of intent to terminate this agreement. Owner may, from time to time, convey or assign this Contract with respect to all or any part of the land contained within Owner's property boundaries, and the assignee or assignees shall be bound by this Contract. Upon prior approval by the City Council, of the assignee or assignees, and only upon the condition that the assignee or assignees assume the liabilities, responsibilities and obligations under this Contract with respect to the land involved in the assignment or assignments, or as may be otherwise approved by the City Council. In connection with this Contract, official addresses for the notification shall be: A. City Manager City of Beaumont 801 Main Street Beaumont, Texas 77701 B. County Judge Jefferson County, Texas Any changes in said addresses may be made by notifying the other parties by certified mail of the new or changed contact person and/or address. "I This Service Agreement represents the entire and integrated Contract between the City of Beaumont and Jefferson County and supersedes all prior negotiation, representatives, or agreements, either oral or written. This Contract may be amended only by written instrument signed by both the City of Beaumont and Jefferson County, Texas. IN WITNESS WHEREOF, the City of Beaumont has lawfully caused these presents to be executed by the hand of the City Manager of said City, and the municipal corporate seal of said City to be hereunto affixed, and the Customer, Jefferson County, Texas acting by its Authorized Representative, does now sign, execute, and deliver this document. Executed this day Kyle Hayes, City Manager of &4.e-✓1%t-Z, , 2021. ffe sin County, Texas A onzed Representative RESOLUTION NO.21-325 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a contract between the City of Beaumont and Jefferson County related to potable drinking water services and sanitary sewer services to the Jefferson County Correctional Facility for a one (1) year term commencing from and after the date of execution and continuing thereafter year to year until either party gives thirty (30) days written notice of intent to terminate the contract. The contract is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of December, 2021, •—'��"�`���� - Mayor Robin Mouton - MO�,�Nk y