HomeMy WebLinkAboutAgenda_GWUAB_11.11.2021Notice of Meeting for the
Georgetown Water Utility B oard
of the City of Georgetown
Nov ember 11, 2021 at 2:00 P M
at West Side Serv ice Center, 5501 Williams Dr., Georgetown, T X, 78633
T he C ity of G eorgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you
require as s is tance in partic ipating at a public meeting due to a disability, as defined under the ADA, reas onable
as s is tance, adaptations , or ac commodations will be provided upon request. P leas e c ontact the C ity S ec retary's
O ffic e, at leas t three (3) days prior to the sc heduled meeting date, at (512) 930-3652 or C ity Hall at 808 Martin
Luther King Jr. S treet, G eorgetown, T X 78626 for additional information; T T Y users route through R elay
Texas at 711.
Geor getown Water U tility B oard is now me eting in-per son at We st Side
Se rvic e Ce nte r (W S S E ), 5501 Williams Dr., Ge orge town, TX. 78633.
The public is welcome to atte nd.
Regular Session
(T his R egular S es s ion may, at any time, be rec es s ed to c onvene an Exec utive S es s ion for any purpose
authorized by the O pen Meetings Act, Texas G overnment C ode 551.)
A C all to O rder
B P ublic Wishing to Address the Board
O n a subject that is posted on this agenda: P leas e fill out a s peaker registration form which c an be found
on the counter at the entranc e to the Board Meeting. C learly print your name and the letter of the item on
whic h you wis h to s peak and pres ent it to the S taff Liais on, prior to the start of the meeting. You will
be called forward to s peak when the Board c onsiders that item. O nly persons who have delivered the
speaker form prior to the meeting being called to order may speak.
O n a subject not posted on the agenda: P ers ons may add an item to a future R egular sc heduled Board
agenda by filing a written reques t with the S taff Liaison no later than one week prior to the Board
meeting. T he request mus t inc lude the speaker’s name and the spec ific topic to be addres s ed with
sufficient information to inform the board and the public. Only those persons who have submitted a
timely request will be allowed to speak. P lease s end comments to G T W U Board Liais on,
at tina.davis@georgetown.org
C G W UB Minutes O c tober, 2021.
D Direc tors R eport
E C ons ideration and possible action to approve the renewal of c ontract S C O N-2000183 for the purc hase of
Bioxide from Evoqua Water Technologies LLC of S arasota, F lorida in an amount not to exc eed
$100,000, from O c tober 1, 2021, to S eptember 30, 2022. (F isc al Year 2022)- C hris G raham, Water Utility
S upport Manager
Page 1 of 12
Adjournment
Ce rtificate of Posting
I, R obyn Densmore, C ity S ecretary for the C ity of G eorgetown, Texas, do hereby c ertify that this Notic e of
Meeting was posted at C ity Hall, 808 Martin Luther King Jr. S treet, G eorgetown, T X 78626, a plac e readily
acc es s ible to the general public as required by law, on the _____ day of _________________, 2021, at
__________, and remained s o posted for at leas t 72 c ontinuous hours prec eding the s cheduled time of said
meeting.
__________________________________
R obyn Dens more, C ity S ec retary
Page 2 of 12
City of Georgetown, Texas
Water Utility Board
November 11, 2021
S UB J E C T:
G W UB Minutes O ctober, 2021.
IT E M S UMMARY:
R eview and possible action to approve the minutes from the O ctober, 2021 Water Board Meeting.
F IN AN C IAL IMPAC T:
.
S UB MIT T E D B Y:
Tina Davis, Board Liaison
AT TAC H ME N T S:
Description Type
Minutes _GWUB 10.2021 Backup Material
Page 3 of 12
Georgetown Water utility Advisory Board Meeting
October 14, 2021
Board Members Present: Stuart Garner, Vice Chair; Steve Fought, Michael Morrison,
Scott Macmurdo
Board Members Absent: Thomas Glab; Board Chair – resigned 10/12/2021
Staff Members Present: Chelsea Solomon, Director of Water Utilities; Wesley Wright,
System Engineering Director; Chris Pousson, Project Manager; Nathan Parras, Assistant
Finance Director; Tina Davis, Board Liaison
Regular Session
(This Regular Session may, at any time, be recessed to convene an Executive Session
for any purpose authorized by the Open Meetings Act, Texas Government Code 551.)
A. Public Wishing to Address the Board – no one signed up to speak at the
meeting.
B. Call to Order - Meeting was called to order by Garner, Vice Chair at
2:06 PM.
C. Review and possible action to approve the minutes from the September,
2021 Water Board Meeting – no discussion. Motion to approve minutes by
Macmurdo, Seconded by Morrison 4-0-0; Glab resigned 10/12/2021
D. Updates from Water Utility Directors – Customer statistics show growth of
approximately 600 new customers. Fiscal year numbers increased. Wastewater
had less new customers. Brief discussion on Customer Assistance Program that
began in April 2020 to assist customers who were negatively affected by the
pandemic and could not qualify for traditional assistance. Electric and Water
Utility each put up $500K. To date have helped 275 customers with $100K.
applications for assistance ended September 2021. Disbursements will end
December 31, 2021. Remaining funds will split back to Electric and Water.
Collection agency has collected approximately $75K since May from outstanding
customer accounts. 3rd Quarter report shows projections for 2022. Revenue
charges made up of Water, Electric and some Irrigation. Looking to hit 75% target
rate on revenue expense and 85% on operating revenue. Projected conservatively
on expense and revenue side. Rate increase, customer growth and charge on
usage shows water usage up. Non-operating revenue will hit around the 100%.
Water fund expense budget is trending at 75%. Operating cost is 70.6%. Current
revenue is strong, expenses are slightly under budget. 4th quarter report will be
ready November or December. In Operations, at 38 million gallons daily peak
City of Georgetown, Texas
Georgetown Water Utility Board Meeting
Minutes
Thursday, October 14, 2021 at 2:00 p.m.
Page 4 of 12
Georgetown Water utility Advisory Board Meeting
October 14, 2021
production for September. Annual wastewater production is up. Metric efficiency
is going back up. A pumps and motors team is now designated to be hands on
with pumps and motors to increase and maintain corrective measures. The wrong
day watering program was moved from Customer Care to the Water Department.
3 interns were hired for the summer. 1771 wrong day watering cases were opened
this year. Transitioning water meters to AMI-a read where we drive by and get
usage totals. Not much collected in wrong day watering fines but approximately
½ million gallons of water saved. Exceptions are made for new landscape by the
customer applying for a variance that will give the customer the ability to water
for 14 days without receiving a fine. Lake Georgetown was at 78% last month,
currently at 69%. Cimarron Hills WWTP expansion under design, about 30% on
the plans. Initial developer agreement was expected to be $3-3/12 million. The
30% estimate was $12 million. That is with 25% contingency and 10% inflation
cost. Reaching out to other contractors to verify cost. May look at a lift station
alternative or abandon the expansion of the plant and pump to an existing
interceptor. Finalizing easement appraisals on Berry Creek Interceptor. Assessing
the ability to double the size of Pecan Branch WWTP. If approved by TCEQ will
bring task order to Board in early 2022 to expand Pecan Branch. Brief discussion
on Multi-family development at Westinghouse and Rockride to own and manage
a WWTP. City has requested a contested case hearing because there is a
wastewater line 1000 ft. away they can tie into. The dispute is over land usage.
Moving forward with South Lake Plant. Two pre-bid meetings held. Expect bid to
open before Christmas and bring to Board and Council in January or February.
Southside WTP pilot study complete. CDM reviewing report. Plant will come
offline next week for tank rehab work to begin. Foundational work to begin in
December. Plan to go back online next summer for peak demand and back off for
rehab.
E. Consideration and possible recommendation to approve Task Order No. CDM-
21-007 TO with CDM Smith Inc. for phase four of the Aquifer Storage and
Recovery (ASR) Assessment Project in the amount of $198,648.00 – Chelsea
Solomon, PE; Water Utilities Director – Phase one and two complete. BRA doing
phase three and will share the data with COG. Phase four looks at where the fault
lines are and is ground penetrating where a smaller footprint and see what’s
under there as it relates to the Aquifer. A pilot drilling plan will be compiled to
later test the chemistry of the Aquifer. Motion to approve Staffs recommendation
to approve Task Order No. CDM-21-007 TO by Macmurdo, Seconded by
Morrison. 4-0-0; Glab absent (resigned)
F. Consideration and possible recommendation to approve the fourth renewal for
contracted wastewater laboratory services by Pollution Control Services
Laboratory (Wallgren) in the estimated amount of $150,000. – Mike Welch,
Treatment Manager – Contractor goes above and beyond currently and would
like to renew their contract. There are other labs but will look at other options
when contract runs out. Motion to approve 4th renewal by Macmurdo, Seconded
Page 5 of 12
Georgetown Water utility Advisory Board Meeting
October 14, 2021
by Morrison. 4-0-0; Glab absent (resigned)
G. Consideration and possible recommendation to approve a 6-month contract
extension for provision of water and wastewater treatment chemicals by Brenntag
Southwest, Inc., in as estimated amount of $246,966. – Mike Welch, Treatment
Manager. – Motion to approve by Macmurdo, Seconded by Morrison. 4-0-0; Glab
absent (resigned)
H. Consideration and possible recommendation to approve a 6- month contract
extension for provision of water and wastewater sludge transportation and
disposal services by AllWaste-Walker (formerly Sheridan), in an estimated
amount of $278,117. – Mike Welch, Treatment Manager – Motion to approve 6
month contract extension by Macmurdo, Seconded by Morrison. 4-0-0; Glab
absent (resigned)
I. Consideration and possible recommendation to approve a 6-month contract
extension for grounds maintenance services by Elk Ridge Mowing in an estimated
amount of $28,423.71. – Mike Welch, Treatment Manager – Motion to approve 6
month contract extension by Macmurdo, Seconded by Morrison, 4-0-0; Glab
absent (resigned)
Adjournment
Meeting adjourned at approximately 3:25 PM.
Thomas Glab, Chair Scott Macmurdo, Secretary
Board Liaison
Page 6 of 12
City of Georgetown, Texas
Water Utility Board
November 11, 2021
S UB J E C T:
Directors R eport
IT E M S UMMARY:
Water Utility Direc tors give updates on highlighted areas.
F IN AN C IAL IMPAC T:
.
S UB MIT T E D B Y:
C helsea S olomon, Water Utilities Direc tor
Page 7 of 12
City of Georgetown, Texas
Water Utility Board
November 11, 2021
S UB J E C T:
C onsideration and pos s ible ac tion to approve the renewal of contrac t S C O N-2000183 for the purchas e of
Bioxide from Evoqua Water Tec hnologies LLC of S aras ota, F lorida in an amount not to exceed $100,000,
from O ctober 1, 2021, to S eptember 30, 2022. (F is cal Year 2022)- C hris G raham, Water Utility S upport
Manager
IT E M S UMMARY:
Bioxide purchas e from Evoqua Water Tec h. In May 1998, C amp, Dresser and Mc Kee, Inc performed a
wastewater odor control s tudy. T his study was performed as a res ult of Hydrogen S ulfide (H2S ) odor
complaints in certain areas of the C ity. T he study evaluated different methods to mitigate the H2S problem
with a rec ommendation being made to use Bioxide, a product patented by Evoqua Water Technologies .
S inc e July 1999, the C ity has s uc cessfully used Bioxide to c ontrol odor problems . S taff has determined
that it is still c onsidered the most effec tive method to mitigate the H2S problem in the c ollection s ystem at
this time.
S P E C IAL C O N S ID E R AT ION S :
Evoqua Water Tec hnologies is a s ole source provider of Bioxide and is the only loc ation that bids will be
received and proc es s ed for Bioxide.
F IN AN C IAL IMPAC T:
F unds for this expenditure will impact the Water S ervices Budget.
F und C os t C enter F Y 22 Budget
Water 660 C C 0530-O dor C ontrol $100,000
AT TAC HMENT S :
S ole S ource Letter
P ricing S heet
S UB MIT T E D B Y:
C hris G raham, Water Utility S upport Manager
AT TAC H ME N T S:
Description Type
Pricing Sheet Backup Material
Sole Source Letter Backup Material
Page 8 of 12
2650 Tallevast Road
Sarasota, FL 34243 USA
Tel: +1 (800) 345-3982
Fax: +1 (941) 359-7985
Page 1 of 3
September 14, 2021
Mr. Chris Graham
Water Services Supervisor
City of Georgetown
300-1 Industrial Avenue
Georgetown, TX 78627
Phone: (512) 930-4811
Fax: (512) 930-0232
Email: chris.graham@georgetown.org
Cc:Isaac.conde@georgetown.org
RE: 2021-2022 BIOXIDE® FSOC PRICING
CITY OF GEORGETOWN, TX
Evoqua Quote No. Q210610SB06
Dear Mr. Graham:
Evoqua Water Technologies LLC thanks you for your continued support of the BioxideFull-Service Odor
Controlsm (FSOC) program, which includes two seasonal service visits by your area Service Center,
technical support and web-based level indication. Sulfide sampling at the control point is not included.
Your current price for BIOXIDE delivered in minimum 3,800-gallon shipments is $2.75 per gallon. The new
price for BIOXIDE delivered in the same minimum quantities will be $2.89 per gallon, effective October 1,
2021, and will remain firm through September 30, 2022. This price is good with split deliveries of 3,800
gallons or more with other customers in your area.
As you know, BIOXIDE, BIOXIDE-AQ and BIOXIDE AE are proprietary processes developed by Evoqua
Water Technologies LLC. A license to use Bioxide products is included with the product sale. Patents that
cover aspects of the use of Bioxide products include, but are not necessarily limited to, United States Patent
Nos. 5,500,368, 6,309,597, 7,087,172 and 7,553,420 B2. Bioxide, Bioxide-AQ, Bioxide AE, AQUIT and
Full-Service Odor Control are trademarks of Evoqua Water Technologies LLC.
The attached Evoqua Terms and Conditions are considered part of this notice and shall prevail. Any
applicable taxes due are not included.
Evoqua appreciates your business and support and looks forward to continuing to provide you the quality
products, services and lowest cost solutions. If you have any questions, comments, or if I can be of service
to you in any way, please contact me at (941) 248-5405 or via email at fitz.moles@evoqua.com.
Sincerely,
Evoqua Water Technologies LLC
Fitz Moles
Technical Sales Representative
Page 9 of 12
(May 2015)
EVOQUA WATER TECHNOLOGIES LLC
Standard Terms of Sale
1.Applicable Terms. These terms govern the purchase and sale of equipment, products, related services, leased products, and media goods if
any (collectively herein "Work"), referred to in Seller’s proposal ("Seller’s Documentation"). Whether these terms are included in an offer or an
acceptance by Seller, such offer or acceptance is expressly conditioned on Buyer’s assent to these terms. Seller rejects all additional or different terms
in any of Buyer’s forms or documents.
2.Payment. Buyer shall pay Seller the full purchase price as set forth in Seller’s Documentation. Unless Seller’s Documentation specifically
provides otherwise, freight, storage, insurance and all taxes, levies, duties, tariffs, permits or license fees or other governmental charges relating to the
Work or any incremental increases thereto shall be paid by Buyer. If Seller is required to pay any such charges, Buyer shall immediately reimburse
Seller. If Buyer claims a tax or other exemption or direct payment permit, it shall provide Seller with a valid exemption certificate or permit and
indemnify, defend and hold Seller harmless from any taxes, costs and penalties arising out of same. All payments are due within 30 days after receipt
of invoice. Buyer shall be charged the lower of 1 ½% interest per month or the maximum legal rate on all amounts not received by the due date and
shall pay all of Seller’s reasonable costs (including attorneys’ fees) of collecting amounts due but unpaid. All orders are subject to credit approval by
Seller. Back charges without Seller’s prior written approval shall not be accepted.
3.Delivery. Delivery of the Work shall be in material compliance with the schedule in Seller’s Documentation. Unless Seller’s
Documentation provides otherwise, delivery terms are ExWorks Seller’s factory (Incoterms 2010). Title to all Work shall pass upon receipt of
payment for the Work under the respective invoice. Unless otherwise agreed to in writing by Seller, shipping dates are approximate only and
Seller shall not be liable for any loss or expense (consequential or otherwise) incurred by Buyer or Buyer’s customer if Seller fails to meet the
specified delivery schedule.
4.Ownership of Materials and Licenses. All devices, designs (including drawings, plans and specifications), estimates, prices, notes,
electronic data, software and other documents or information prepared or disclosed by Seller, and all related intellectual property rights, shall
remain Seller’s property. Seller grants Buyer a non-exclusive, non-transferable license to use any such material solely for Buyer’s use of the
Work. Buyer shall not disclose any such material to third parties without Seller’s prior written consent. Buyer grants Seller a non-exclusive,
non-transferable license to use Buyer’s name and logo for marketing purposes, including but not limited to, press releases, marketing and
promotional materials, and web site content.
5.Changes. Neither party shall implement any changes in the scope of Work described in Seller’s Documentation without a mutually agreed
upon change order. Any change to the scope of the Work, delivery schedule for the Work, any Force Majeure Event, any law, rule, regulation, order,
code, standard or requirement which requires any change hereunder shall entitle Seller to an equitable adjustment in the price and time of performance.
6.Force Majeure Event.Neither Buyer nor Seller shall have any liability for any breach or delay (except for breach of payment obligations)
caused by a Force Majeure Event. If a Force Majeure Event exceeds six (6) months in duration, the Seller shall have the right to terminate the
Agreement without liability, upon fifteen (15) days written notice to Buyer, and shall be entitled to payment for work performed prior to the date of
termination. “Force Majeure Event” shall mean events or circumstances that are beyond the affected party’s control and could not reasonably have
been easily avoided or overcome by the affected party and are not substantially attributable to the other party. Force Majeure Event may include, but
is not limited to, the following circumstances or events: war, act of foreign enemies, terrorism, riot, strike, or lockout by persons other than by Seller
or its sub-suppliers, natural catastrophes or (with respect to on-site work), unusual weather conditions.
7.Warranty. Subject to the following sentence, Seller warrants to Buyer that the (i) Work shall materially conform to the description in
Seller’s Documentation and shall be free from defects in material and workmanship and (ii) the Services shall be performed in a timely and workmanlike
manner. Determination of suitability of treated water for any use by Buyer shall be the sole and exclusive responsibility of Buyer. The foregoing
warranty shall not apply to any Work that is specified or otherwise demanded by Buyer and is not manufactured or selected by Seller, as to which (i)
Seller hereby assigns to Buyer, to the extent assignable, any warranties made to Seller and (ii) Seller shall have no other liability to Buyer under
warranty, tort or any other legal theory. The Seller warrants the Work, or any components thereof, through the earlier of (i) eighteen (18) months from
delivery of the Work or (ii) twelve (12) months from initial operation of the Work or ninety (90) days from the performance of services (the “Warranty
Period”). If Buyer gives Seller prompt written notice of breach of this warranty within the Warranty Period, Seller shall, at its sole option and as
Buyer’s sole and exclusive remedy, repair or replace the subject parts, re-perform the Service or refund the purchase price. Unless otherwise agreed
to in writing by Seller, (i) Buyer shall be responsible for any labor required to gain access to the Work so that Seller can assess the available remedies
and (ii) Buyer shall be responsible for all costs of installation of repaired or replaced Work. If Seller determines that any claimed breach is not, in fact,
covered by this warranty, Buyer shall pay Seller its then customary charges for any repair or replacement made by Seller. Seller’s warranty is
conditioned on Buyer’s (a) operating and maintaining the Work in accordance with Seller’s instructions, (b) not making any unauthorized repairs or
alterations, and (c) not being in default of any payment obligation to Seller. Seller’s warranty does not cover (i) damage caused by chemical action or
abrasive material, misuse or improper installation (unless installed by Seller) and (ii) media goods (such as, but not limited to, resin, membranes, or
granular activated carbon media) once media goods are installed. THE WARRANTIES SET FORTH IN THIS SECTION 7 ARE THE SELLER’S
SOLE AND EXCLUSIVE WARRANTIES AND ARE SUBJECT TO THE LIMITATION OF LIABILITY PROVISION BELOW. SELLER MAKES
NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR PURPOSE.
8.Indemnity. Seller shall indemnify, defend and hold Buyer harmless from any claim, cause of action or liability incurred by Buyer as a result
of third party claims for personal injury, death or damage to tangible property, to the extent caused by Seller's negligence. Seller shall have the sole
authority to direct the defense of and settle any indemnified claim. Seller’s indemnification is conditioned on Buyer (a) promptly, within the Warranty
Period, notifying Seller of any claim, and (b) providing reasonable cooperation in the defense of any claim.
Page 10 of 12
(May 2015)
9.Assignment. Neither party may assign this Agreement, in whole or in part, nor any rights or obligations hereunder without the prior written
consent of the other party; provided, however, the Seller may assign its rights and obligations under these terms to its affiliates or in connection with
the sale or transfer of the Seller’s business and Seller may grant a security interest in the Agreement and/or assign proceeds of the agreement without
Buyer’s consent.
10.Termination. Either party may terminate this agreement, upon issuance of a written notice of breach and a thirty (30) day cure period, for a
material breach (including but not limited to, filing of bankruptcy, or failure to fulfill the material obligations of this agreement). If Buyer suspends an
order without a change order for ninety (90) or more days, Seller may thereafter terminate this Agreement without liability, upon fifteen (15) days
written notice to Buyer, and shall be entitled to payment for work performed, whether delivered or undelivered, prior to the date of termination.
11.Dispute Resolution. Seller and Buyer shall negotiate in good faith to resolve any dispute relating hereto. If, despite good faith efforts, the
parties are unable to resolve a dispute or claim arising out of or relating to this Agreement or its breach, termination, enforcement, interpretation or
validity, the parties will first seek to agree on a forum for mediation to be held in a mutually agreeable site. If the parties are unable to resolve the
dispute through mediation, then any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement,
interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by
arbitration in Pittsburgh, Pennsylvania before three arbitrators who are lawyers experienced in the discipline that is the subject of the dispute and shall
be jointly selected by Seller and Buyer.The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures.
The Arbitrators shall issue a reasoned decision of a majority of the arbitrators, which shall be the decision of the panel. Judgment may be entered upon
the arbitrators’ decision in any court of competent jurisdiction. The substantially prevailing party as determined by the arbitrators shall be reimbursed
by the other party for all costs, expenses and charges, including without limitation reasonable attorneys’ fees, incurred by the prevailing party in
connection with the arbitration. For any order shipped outside of the United States, any dispute shall be referred to and finally determined by the
International Center for Dispute Resolution in accordance with the provisions of its International Arbitration Rules, enforceable under the New York
Convention (Convention on the Recognition and Enforcement of Foreign Arbitral Awards) and the governing language shall be English.
12.Export Compliance. Buyer acknowledges that Seller is required to comply with applicable export laws and regulations relating to the sale,
exportation, transfer, assignment, disposal and usage of the Work provided under this Agreement, including any export license requirements. Buyer
agrees that such Work shall not at any time directly or indirectly be used, exported, sold, transferred, assigned or otherwise disposed of in a manner
which will result in non-compliance with such applicable export laws and regulations. It shall be a condition of the continuing performance by Seller
of its obligations hereunder that compliance with such export laws and regulations be maintained at all times. BUYER AGREES TO INDEMNIFY
AND HOLD SELLER HARMLESS FROM ANY AND ALL COSTS, LIABILITIES, PENALTIES, SANCTIONS AND FINES RELATED TO NON-
COMPLIANCE WITH APPLICABLE EXPORT LAWS AND REGULATIONS.
13.LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY, SELLER SHALL NOT BE
LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, AND SELLER’S TOTAL
LIABILITY ARISING AT ANY TIME FROM THE SALE OR USE OF THE WORK, INCLUDING WITHOUT LIMITATION ANY LIABILITY
FOR ALL WARRANTY CLAIMS OR FOR ANY BREACH OR FAILURE TO PERFORM ANY OBLIGATION UNDER THE CONTRACT,
SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE WORK. THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS
BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY.
14.Rental Equipment / Services.Any leased or rented equipment (“Leased Equipment”) provided by Seller shall at all times be the property
of Seller with the exception of certain miscellaneous installation materials purchased by the Buyer, and no right or property interest is transferred to
the Buyer, except the right to use any such Leased Equipment as provided herein. Buyer agrees that it shall not pledge, lend, or create a security interest
in, part with possession of, or relocate the Leased Equipment. Buyer shall be responsible to maintain the Leased Equipment in good and efficient
working order. At the end of the initial term specified in the order, the terms shall automatically renew for the identical period unless canceled in writing
by Buyer or Seller not sooner than three (3) months nor later than one (1) month from termination of the initial order or any renewal terms. Upon any
renewal, Seller shall have the right to issue notice of increased pricing which shall be effective for any renewed terms unless Buyer objects in writing
within fifteen (15) days of issuance of said notice. If Buyer timely cancels service in writing prior to the end of the initial or any renewal term this shall
not relieve Buyer of its obligations under the order for the monthly rental service charge which shall continue to be due and owing. Upon the expiration
or termination of this Agreement, Buyer shall promptly make any Leased Equipment available to Seller for removal. Buyer hereby agrees that it shall
grant Seller access to the Leased Equipment location and shall permit Seller to take possession of and remove the Leased Equipment without resort to
legal process and hereby releases Seller from any claim or right of action for trespass or damages caused by reason of such entry and removal.
15.Miscellaneous. These terms, together with any Contract Documents issued or signed by the Seller, comprise the complete and exclusive
statement of the agreement between the parties (the “Agreement”) and supersede any terms contained in Buyer’s documents, unless separately signed
by Seller. No part of the Agreement may be changed or cancelled except by a written document signed by Seller and Buyer. No course of dealing or
performance, usage of trade or failure to enforce any term shall be used to modify the Agreement. To the extent the Agreement is considered a
subcontract under Buyer’s prime contract with an agency of the United States government, in case of Federal Acquisition Regulations (FARs) flow
down terms, Seller will be in compliance with Section 44.403 of the FAR relating to commercial items and those additional clauses as specifically
listed in 52.244-6, Subcontracts for Commercial Items (OCT 2014). If any of these terms is unenforceable, such term shall be limited only to the extent
necessary to make it enforceable, and all other terms shall remain in full force and effect. The Agreement shall be governed by the laws of the
Commonwealth of Pennsylvania without regard to its conflict of laws provisions. Both Buyer and Seller reject the applicability of the United Nations
Convention on Contracts for the international sales of goods to the relationship between the parties and to all transactions arising from said relationship.
Page 11 of 12
2650 Tallevast Road
Sarasota, FL 34243 USA
Tel: +1 (800) 345-3982
Fax: +1 (941) 359-7985
Page 1 of 1
November 4, 2021
Mr. Chris Graham
Water Services Supervisor
City of Georgetown
300-1 Industrial Avenue
Georgetown, TX 78627
Phone: (512) 930-4811
Fax: (512) 930-0232
Email: chris.graham@georgetown.org
Cc:Isaac.conde@georgetown.org
RE: YOUR SOLE SOURCE FOR BIOXIDE PRODUCTS
Dear Mr. Graham:
Evoqua Water Technologies LLC is the sole source provider of Bioxideproducts (Bioxide, Bioxide-AQ,
Bioxide AE, Bioxide Plus 71 and AQUIT solutions). Related services that we offer to our customers are
provided under the Full Service Odor Controlsm program.
A license to use Bioxide products is included with the product sale. Patents that cover aspects of the use
of Bioxide products include, but are not necessarily limited to, United States Patent Nos. 6,309,597,
7,087,172, 7,186,341 B2, US 7,779,224 B2, US 7,799,215 B2 and 7,553,420 B2. Bioxide, Bioxide-AQ,
Bioxide AE, Bioxide Plus, AQUIT and Full Service Odor Control are trademarks of Evoqua Water
Technologies LLC.
Should you have any questions or require additional information, please contact me at (941) 248-5405 or
via email at fitz.moles@evoqua.com.
Sincerely,
Evoqua Water Technologies LLC
Fitz Moles
Technical Sales Representative
Page 12 of 12