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HomeMy WebLinkAboutResolution - 2013-R0128 - Agreement - Virginia Fuller - Drinking Water Supply Protection - 05/01/2013Resolution No. 2013-RO128 May 1, 2013 Item 5.8 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Retail Service Agreement by and between the City of Lubbock and Virginia Fuller, principal. on behalf of Franklin Mobile Home Park, for drinking water supply protection, and related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council on M,,y 1. gn 13 2013. 14eZ11- GLWe, ROBERTSON, MAYOR ATTEST: Rw eca Garza, Cita; Secretary APPROVED AS TO CONTENT: kf maj R. Keith Smith., PE, Chief Operating Officer ms Agrmnt Retail Sry Franklin Mobile Home Park.res 4.18.13 Resolution N0. 2013-RO128 RETAIL SERVICE AGREEMENT BETWEEN THE CITY OF LUBBOCK AND FRANKLIN MOBILE HOME PARK This Retail Service Agreement ("Agreement") is entered into this 1st day of May, 2013 by and between the City of Lubbock, Texas ("WATER SYSTEM") and Virginia Fuller, principal, on behalf of Franklin Mobile Home Park ("CUSTOMER"). NOW, THEREFORE, for and in consideration of the premises, and the mutual promises, and agreements set forth herein, the parties agree as follows: 1.0 PURPOSE The CITY OF LUBBOCK ("WATER SYSTEM") is responsible for protecting its drinking water supply from contamination or pollution which could result from improper system construction, configuration, operation, or maintenance on FRANKLIN MOBILE HOME PARK'S ("CUSTOMER") side of the meter or point of delivery. The purpose of this service agreement is to notify the CUSTOMER of the restrictions which are in place to provide this protection. The WATER SYSTEM enforces these restrictions to ensure the public health and welfare. The CUSTOMER must sign this agreement before the WATER SYSTEM will begin service. In addition, when service to an existing retail connection has been suspended or terminated, the WATER SYSTEM will not re-establish service unless it has a signed copy of this agreement. 2.0 RESTRICTIONS The following unacceptable practices are prohibited by State regulations as outlined in 30 TAC Subchapter D Rule 290.47(b). A. 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 water system by an air -gap or an appropriate backflow prevention device. B. 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 a reduced pressure -zone backflow prevention device. C. No connection which allows water to be returned to the public drinking water supply is permitted. D. 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. E. No solder or flux which contains more than 0.2 % lead can be used for the installation or repair of plumbing at any connection which provides water for human use. 3.0 SERVICE AGREEMENT The term of this Agreement shall be for five (5) years from the effective date hereof, and shall only be renewed or extended upon mutual written consent of the parties. The following are additional terms of the service agreement between the WATER SYSTEM and the CUSTOMER. A. The WATER SYSTEM will maintain a copy of this agreement as long as the CUSTOMER and/or the premises is connected to the WATER SYSTEM. B. A Reduced Pressure Zone (RPZ) prevention device or air gap shall be maintained at all times by the CUSTOMER at the point of delivery. All costs associated with the installation, maintenance, and testing of this backflow prevention device shall be the sole responsibility of the CUSTOMER. The plans of such RPZ prevention device or air gap shall be approved in writing by the WATER SYSTEM and any and all regulatory agencies with appropriate jurisdiction, including the Texas Commission of Environmental Quality (TCEQ). At no time shall a by-pass be installed on or around the backflow prevention device. C. The CUSTOMER shall permit WATER SYSTEM personnel or designated agents to enter upon the property of the CUSTOMER for the purpose of inspecting any and all facilities of both parties relating to and regarding necessary sanitary control. Should the WATER SYSTEM have reasonable grounds to believe that any condition exists which might result in contamination of the WATER SYSTEM's water supply or jeopardize any of their certifications with the TCEQ and/or any other federal, state, or local regulatory permits or certifications, then the WATER SYSTEM shall notify the CUSTOMER. The CUSTOMER shall immediately correct such condition. D. In the event the CUSTOMER fails to correct such condition then the WATER SYSTEM may, at its sole discretion, either correct the condition, at the CUSTOMER'S expense, and include the cost of materials and labor in subsequent billing statements, or cease delivering water until such condition is corrected to the satisfaction of the WATER SYSTEM. E. In the event the WATER SYSTEM determines that contamination of CUSTOMER'S water supply actually exists, the WATER SYSTEM shall have the absolute right to discontinue service to the CUSTOMER until such time as said contamination has been eliminated by the CUSTOMER. F. Nothing herein shall be construed to impose upon the WATER SYSTEM the duty and obligation to make any inspection or to regulate the quality of water beyond the point of delivery to the CUSTOMER, and the CUSTOMER shall be solely responsible for the operation, maintenance, regulation, employment and prudent management of all facilities beyond the point of delivery and the use and delivery of water herein to the CUSTOMER'S Users. 4.0 ENFORCEMENT If the CUSTOMER fails to comply with any of the terms of this Retail Service Agreement, the WATER SYSTEM shall, at its option, either terminate service or properly install, test, and maintain an appropriate backflow prevention device at the service connection. Any expenses associated with the enforcement of this agreement shall be billed to the CUSTOMER. 5.0 MISCELLANEOUS A. Indemnity/Hold Harmless. CUSTOMER agrees to indemnify, protect, defend, and hold harmless WATER SYSTEM, its officers, elected officials, agents, representatives, and employees from all suits, actions, losses, damages, claims, or liability of any character, type, or description, including without limiting the generality of the foregoing, all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received by or sustained by any person or persons or property arising out of, or occasioned by, CUSTOMER, its agents, or employees in connection with the performance or underlying subject matter of this Agreement. B. Authority. The undersigned represent that they have the authority to execute this instrument, and bind their respective parties to all obligations undertaken in this Agreement. C. Severability. The parties hereto agree that should any provision herein be declared invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall not be affected, and shall remain in full force and effect. D. Force majeure. In the event that WATER SYSTEM shall be prevented from performing any of its obligations due under the terms of this Agreement by an act of God, by acts of war, riot, or civil commotion, by an act of State, by strikes, fire, flood, or by the occurrence of any other event beyond the control of the parties hereto, WATER SYSTEM shall be excused from any further performance of the obligations and undertakings set forth under the terms of this Agreement. E. Venue. The parties agree that venue for any dispute arising under or related to this Agreement shall be in Lubbock County, Texas. F. Non -arbitration. The WATER SYSTEM reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the WATER SYSTEM shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, the former shall control. CITY OF LUBBOCK, TEXAS FRANKLIN MOBILE HOME ARK By. Date: OBERTSON, MAYOR ATTEST: f� . 0�,� �0 _0 er� _51K Rebe ca Garza, City Secretary APPROVED AS TO CONTENT: R. Keith Smith, P.E., Chief Operations Officer ms Retail Sery Agrmnt. 04 18.13