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Home My WebLink AboutRES 17-012RESOLUTION NO. 17-012 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an annual Service Agreement, with the option to renew on October 1" of each year, between the City of Beaumont and Lucite International, Inc., substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes, for potable drinking water services. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of January, 2017. G M yor Becky Ames - BEAUMONT TEXAS City of Beaumont SERVICE AGREEMENT CONTRACT STATE OF TEXAS § COUNTY OF JEFFERSON § CITY OF BEAUMONT § CONTRACT BETWEEN City of Beaumont • Lucite WHEREAS, Lucite (formerly DuPont) doing business in the State of Texas (herein "Customer"), and the City of Beaumont, a municipal corporation of the State of Texas (herein "City") entered into a Contract on August 14, 2008, for City to provide potable drinking water services to Lucite; WHEREAS, the City and Customer desire to adopt a Service Agreement for the provision of potable drinking water services to Lucite and agree as follows: WITNESSETH Customer agrees to maintain, free of charge to the City, the water lines within its property. 1I The City shall have the right to enter on the property or premises with 24 hour prior notice for any purposes reasonably incidental to or necessitated by the terms and provisions of this Contract. The City will abide by all Customer site safety rules and other site access rules while on Customer property. III Customer agrees to install and maintain a UL approved RPZ (reduced pressure zone) backflow prevention device at the point of service (the meter). The City will give a variance of several feet so that the RPZ can be placed inside the fence for protection. The RPZ must be installed according to the Page 1 of 7 EXHIBIT "A" requirements in City Ordinance 01-032, Section 28-57.12. The assembly must be tested upon installation and semi-annually by a certified tester. IV Customer 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 Customer's employees and/or customers is the responsibility of Customer. The City will provide guidance on proper cross connection prevention. MA Customer 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 0.25% 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. Page 2 of 7 VI The Water Utilities Department will maintain a copy of this agreement as long as the Customer and/or the premises are connected to the Water Utilities Department. Additional requirements are listed below: I . Customer shall have his 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. Customer 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 reinspection. 3. Customer shall immediately remove or adequately isolate any potential cross -connections or other potential contamination hazards on his premises. 4. Customer 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. VII Page 3 of 7 If the Customer is identified as a Public Water Supply 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 Customer. In the event of a change in treatment or distribution such as utilizing treated water other than the City supply, Customer agrees to promptly report to the City. This is to include any violations of chlorine and/or coliform monitoring. VIII The Customer is authorized to use a maximum of 21,000 gallons per hour on a daily average or 504,000 gallons per day. The rates applied by the City can be negotiated if the demand of the Customer changes. Ix Customer agrees to pay to the City all charges for water service within thirty (30) days from date of the statement from the City. In the event of failure of Customer to so pay said charges, City shall have the right, upon thirty (30) days' written notice to Customer, to refuse to provide potable water service to Customer. M Customer will pay the same rate for water services as established from time -to -time by the City Council for outside the City of Beaumont. In the event said rates are altered or amended by City Ordinance, Customer agrees to pay said amended rates. Page 4 of 7 XI Customer agrees to: 1. Adopt a resolution or take some other official action agreeing to the terms and conditions of this agreement; 2. Adopt a resolution or take some other official action ratifying, affirming and accepting the benefits and agreeing to the terms, conditions and requirements of this agreement; and 3. Enter into such other or additional contracts or agreements as may be reasonably required to carry out the purpose and intent of this agreement. XII This Contract shall expire on October 1 of every year or if either party gives 30 days written notice of intent to terminate this agreement. XIII Customer may, from time to time, convey or assign this Service Agreement with respect to all or any part of the land contained within Customer's boundaries, and the assignee or assignees shall be bound by this agreement. 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 Service Agreement with respect to the land involved in the assignment or assignments, or as may be s I otherwise approved by the City Council. Page 5 of 7 In connection with this agreement, official addresses for notification shall be; A. Dr. Joseph Majdalani, Public Works Director City of Beaumont 801 Main St, STE 200 Beaumont, Texas 77701 B. Lucite Intemational, Inc. Attn. Randy Wooline 6350 North Twin City Hwy. Nederland, TX 77627 C. Lucite International, Inc. Procurement 7275 Goodlett Farms Pkwy Cordova, TN 38016 Any changes in said addresses may be made by notifying the other parties by certified mail of the new or changed address. XIV This Service Agreement represents the entire and integrated Contract between the City of Beaumont Water Utilities Department and Lucite 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's City Manager and Lucite. IN WITNESS WHEREOF, the City of Beaumont Water Utilities Department 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 said Customer, acting by hand of the President and/or Manager whereunto Authorized Representative, does now sign, execute and deliver this document. Page 6 of 7 Executed in duplicate originals at Beaumont, Texas, on this Customer day of A.D., 2017. CITY OF BEAUMONT /CITY MANAGER By (✓aQA/ )(4N� # /Ig/17 By: (PRINT) Authorized Representative Date Kyle Hayes, City Manager Date By: Signature of Authorized Representative Date Attest: G'i & ('?Attest: Date Date Page 7 of 7