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PACKET APR 28 2015• r*1 TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 28, 2015 1:30 P.M. CONSENT AGENDA Approval of minutes — April 21, 2015 Confirmation of committee appointments A) Authorize the City Manager to execute all documents necessary for an affiliation agreement between the City of Beaumont and Lamar State College -Orange B) Authorize the City Manager to execute all documents necessary for a Data Use Agreement between the City of Beaumont and Texas Health and Human Services Enterprise C) Approve the granting of six Pipeline License Agreements with Enterprise Beaumont Marine West. L.P. D) Approve the settlement of the claim of Baptist Hospitals of Southeast Texas to TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Sherry Ulmer, Public Health Director MEETING DATE: April 28, 2015 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute all documents necessary for an affiliation agreement between the City. of Beaumont and Lamar State College — Orange. BACKGROUND Lamar State College - Orange is requesting an agreement with the City of Beaumont's Emergency Medical Services Division to provide clinical experience to its students majoring in the Emergency Medical Services Program. The responsibilities of Lamar State College - Orange will include but not be limited to the following: - provision of classroom theory; - preparation of students assignments; - continuous communications with Beaumont EMS regarding student performance; and - supervision of students. The responsibilities of Beaumont EMS will include but not be limited to the following: - acceptance and reasonable orientation of students; - coordination of the college's assignment schedule; - assistance in evaluation of each student; - designation of an individual to serve as liaison with the college; - provision of reasonable opportunities for students to observe and assist in various aspects of patient care; and - ultimate control of responsibility of patient care. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. AFFILIATION AGREEMENT AN AGREEMENT FOR THE USE OF CLINICAL FACILITIES FOR THE EDUCATION ,6)a EMERGENCY MEDICAL SERVICES CREDIT COURSE STUDENTS between LAMAR STATE COLLEGE - ORANGE M CITY OF BEAUMONT EMS 2015-2016 AFFILIATION AGREEMENT EMERGENCY MEDICAL SERVICES PROGRAM The following Affiliation Agreement is entered into between Lamar State College - Orange, Orange, Texas, for and on behalf of the Emergency Medical Services Program, hereinafter referred to as "College", and City of Beaumont EMS hereinafter referred to as "Clinical Affiliate," on behalf of "College" students enrolled in the Emergency Medical Services Program. It is agreed by both parties to be of mutual interest to give students an opportunity to utilize the hospital as a clinical facility for educational purposes. The "College" and "Clinical Affiliate" agree to accept the responsibilities and duties stated herein. It is mutually agreed by the "Clinical Affiliate" and the "College" that the educational program and curricula of the Emergency Medical Services Program is and shall be the responsibility of, and shall be carried out under the direction of personnel of the "College." 2. It is mutually agreed that clinical experiences and supervision for students enrolled in the Emergency Medical Services Program will be provided at "Clinical Affiliate," by the "College." 3. It is mutually agreed that the "College" will select and assign learning experiences for students, and will further provide for teaching, evaluation, overall supervision, and record keeping of students. "Clinical Affiliate" instructors will adhere to policies as agreed upon by the two parties and will monitor students' adherence to policies mutually agreed upon. 4. It is mutually agreed that "College" and "Clinical Affiliate" do not, and will not discriminate against any student, employee or applicant for participation in the learning experience because of race, religion, sex, color, creed, marital status, age or national origin. 5. It is mutually agreed that the period of assignment, and the number and distribution of students among divisions of the "Clinical Affiliate" will be determined by representatives of the "College" and "Clinical Affiliate." 6. It is mutually agreed that representatives of the "College" and "Clinical Affiliate" shall meet regularly to discuss issues of mutual concern, and to make such suggestions and changes as are needed. Both parties will share information pertinent to the Affiliation Agreement. II To carry out these general areas of agreement, the "College" is responsible for and agrees to: Protect the health and safety of all parties by: a. Requiring student to obtain professional liability insurance of no less that $1,000,000 per occurrence and in the aggregate and to provide "Clinical Affiliate" proof of such insurance: b. Requiring an annual health and physical examination at no cost to "Clinical Affiliate"; C. Requiring compliance with Center for Disease Control, Texas Department of State Health Services, and "Clinical Affiliate" rules as regarding health, safety, dress, and conduct and d. Providing, or otherwise arranging for, faculty and student orientation to "Clinical Affiliate," its major policies, rules and regulations. 2. Make arrangements with the Medical Director, and specified designates, for clinical learning experiences needed for students prior to each semester. The "College" representative will provide these parties with: a. Name(s) of students; b. Name(s) of faculty; C. Dates, days, times of clinical learning experience as previously agreed upon (in I, 5.). 3. Arrange for clinical personnel to participate in evaluation of student performance. 4. Make the individual student responsible for equipment damaged or broken due to the student's negligence 5. Make the individual student responsible for their own health needs including emergency care or follow-up in any accidents (i.e. needle sticks) at the clinical sites. 6. Assure that each instructor and student signs an agreement (see Attachment A, incorporated herein by reference) which states that "Clinical Affiliate" has the absolute right and responsibility to terminate an individual's clinical rotation at "Clinical Affiliate" based on attitude and behavior. Such right of "Clinical Affiliate" is not negotiable or subject to discussion. Withdrawal from "Clinical Affiliate" of a student or faculty of the "College" may be requested by "Clinical Affiliate." "Clinical Affiliate" has the right to remove a student from participation under this agreement with or without cause. 7. Make the following affirmations to ensure Fair Labor Standards Act requirements are met: • The special regulations in the Fair Labor Standards Act covering "student - learners" enrolled in a bona fide technical program are applicable to Program students; • The "College" is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools to award associate of arts, associate of science, associate of applied science degrees and certificates of completion; • No hourly compensation is applicable to the student -learner while in the Program in the learning experience at "Clinical Affiliate's " site and • A student is not considered an employee of "Clinical Affiliate," and not eligible for Workers' Compensation. 8. Assure confidentiality of patient and "Clinical Affiliate" matters by: • Instructing faculty and students to maintain the confidentiality of patient and "Clinical Affiliate" information and records: • Assuring each student and faculty member execute a confidentiality agreement (Attachment A, incorporated herein by reference) before beginning rotation at "Clinical Affiliate" and • Agreeing that any breach of confidentiality will result in the immediate expulsion from "Clinical Affiliate" of the person(s) responsible for the breach and may result in termination of the entire affiliation. III The "Clinical Affiliate" is responsible for, and agrees to: Permit the use of clinical facilities by students enrolled in the Emergency Medical Services Program for the purpose of clinical education. 2. Maintain approval by the appropriate state and/or properly designated accrediting body, and inform the "College" of any changes in that approval. 3. Inform the "College" and participate in joint planning, prior to accepting Emergency Medical Services students from any other institutions. 4. Provide to the extent possible, conference rooms for student counseling, and locker rooms or other secure space for students to store coats, books, etc., while on duty. Allow students and faculty access to, and use of , facilities maintained by the "Clinical Affiliate" following its specific policies, fees or charges, such as Library and Cafeteria. 6. Charge no fees for clinical laboratory experience. 7. Collaborate with Emergency Medical Services educators to influence curricula, including clinical and/or managerial learning experiences, when "Clinical Affiliate" provides clinical facilities for the Emergency Medical Services education program. 8. Assist in evaluating student performance. IV TERMS OF AGREEMENT: Only insofar as it is authorized by law to do so, the "College" agrees to hold the "Clinical Affiliate" harmless from and against any and all liability for personal injury, including injury resulting in death, or damage to property, or both, resulting directly or indirectly from the use by the College of the "Clinical Affiliate's" clinical facility. Nothing in this Affiliation Agreement is to be construed as transferring financial responsibility from one party to another. The terms of this Agreement may be modified upon mutual consent of the parties. Plans to initiate termination of the Agreement may be instituted by either party upon no less than ninety (90) days written notice by mail of its intent to terminate the agreement at the end of a current program session. The plans for termination must include specific procedures to assure that there will be no adverse affect to the rights and privileges of students actually enrolled in the program, as long as they are making normal progress toward completion. No new students will be accepted into the program after notice of termination has been given. Annual review of the Agreement will be made. FOR THE COLLEGE: -6 - LS -O President Director of llied Health mergenkourse Ie ical Services Program Coordinator Date Completed FOR THE CLINICAL AFFILIATE: Chief Administrator Date Completed q 113 / 45 PlYyllis Crow, Notary Date ��i���iiiltQ6C++Mfa4+bV 6Ab+ir6iiAddtrA0A4t¢ P�HYLUS CROW 2 ,; Z4" l Notary Public STATE OF TEXAS I PWy Commission �•'.:„,„.,��`,' Expires 10/15/2015 �aaaoaaaaa+waaasaavaaaaaaaaagaaaaoaaa+� [ATTACHMENT "A" STATEMENT OF AGREEMENT AND UNDERSTANDING I, , a (select one) [ ] student [ ] faculty member of the Emergency Medical Services Program at Lamar State College -Orange ("College"), as a condition of participation in the clinical rotation at City of Beaumont EMS, ("Clinical Affiliate" ), agree as follows: Attitude and Behavior: I understand and agree that, based on unacceptable attitude and/or behavior, "Clinical Affiliate" has the absolute right and responsibility to terminate my clinical rotation. I understand and agree that "Clinical Affiliate's" right is not negotiable or subject to discussion. Confidentiality: I shall maintain the confidentiality of and shall not disclose any information relating to patients or the "Clinical Affiliate." I understand and agree that any breach in confidentiality will result in my immediate expulsion from the clinical rotation at "Clinical Affiliate." Signature: Printed name: Date: ANNUAL REVIEW OF AFFILIATION AGREEMENT between LSC -O EMERGENCY MEDICAL SERVICES CREDIT COURSE PROGRAM and CITY OF BEAUMONT EMS The Affiliation Agreement existing between City of Beaumont EMS and the Emergency Medical Services Program has been thoroughly reviewed. The terms of agreement continue to be satisfactory. FOR THE COLLEGE: LSC -O President Director of Allied Health Emergency Medical Services Course Coordinator Date Completed FOR THE CLINICAL AFFILIATE: Chief Administrator Date Completed 2015-2016 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute all documents necessary to enter into an Affiliation Agreement between the City of Beaumont EMS Division and Lamar State College - Orange for clinical experience and educational purposes under the supervision of the Beaumont EMS Division. The Affiliation Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. 2015. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of April, - Mayor Becky Ames - No Text The following Affiliation Agreemient is exitered.into between Lamar State College - Orange, Orange, Texas, for and ori,behalf of the Emergency Medical Services Program; hereinafterreferred to as "Cbllege", and City of Beaurn. nt EMS hereinafter referred to as "Clinical Affiliate," on behalf of "College' students enrolled.in the Emergency Medical Services Program... It is agreed by both parties to: be of mutual interest to give students an opportunity to utilize the hospital as a Clinical. facility for educational purposes;:The "Co1.llege" and "Clinical Affiliate" agree to accOj the responsibilities and duties stated herein. 1. It is mutually agreed by the"Clinical, Affiliate" and the "College" that the educational program:andcurricula of the Emergency Medical' Services Program' is and shall -be the responsibility of, and shalibe.carried out under the direction of personnel of the: "College:" 2.: ltds mutually agreed that clinical experiences :and supervision for students enrolled i' the Emergency. Medical Services Program will be provided -at "Clinical, Affiliate,"'by the "College." 3. It is mutually agreed that the "College" will. select and assign'learning experiences for students, and will further provide for teaching, evaluation, overall supervision;:and record keeping -of students: "Clinical; Affiliate" instructors will adhere to policies as agreed upon by the .two parties and. Will monitor-stude.nts' adherence to policies mutuallyagreed upon. rp 4 It. is mutually agreed -that ".College" and "Clinical Affliate" do not, and will, not discriminate against-anystudent, employee orapplicant for participation in the learning -experience because of race, religion, sex, color, creed, marital status, age ornational origin: 5 it is mutually agreed that the period of assignment, and the number, and' distribution of students among divisions:of.the' Clinical. Affiliate"will be determined by representatives of the "College" and "Clinical Affiliate:" 6 Itis mutually agreed that representatives of the "College" and "Clinical Affiliate." shall meet regularly to discuss issues of mutual concern, and to make such suggestions and changes as are needed. Both parties will share information pertinent to...the Affiliation Agreement: II To carry out these -general areas of agreement, the "College" is responsible for and agrees to. 1., Protect'thelealth and safety of all :parties by a. Requiring student to obtain professional liability irisurance of:ria Tess that $:1,000,000 per occurrence and in. the aggregate; and to provide "Clinical. Affiliate" proof of such insurance: b. Requiring an annual health and physical examination at no cast to "Clinical Affiliate" C. `:Requiring compliance with Center for Disease Control, Texas Department of State Health Services, and, "Clinical Affiliate" rules as regarding health; safety, dress, and conduct and d: Providing, or otherwise arranging for, .faculty and student ;orientation -to "Clinical Affiliate," its major,pol cies, rules and regulations, 2. Make a r=gements:with,the Medical Director, and specified designates, for clinical learnmg'exper en,ces needed for students prior to -each semester. The "College" representative - ill provide tl ese.parties with: a. Name(s): of students b. Names) of faculty; C. Dates, days, times of clinical learning experience as :previously agreed upon (in L. 5:). 3: Arrange for clinical personnel to participate in evaluation of 'student performance. 4. Make the individual ;student responsible for equipment damaged or broken. due to the student's negligence 5,. Make theindividual student, responsible: for their own heitth needs including emergency care or follow-up in any accidents (i.e. needle. sticks). `at the clinical sites: 6. Assure that each instructor and student signs an agreement ("see Attachment A, incorporated herein by reference.) :which.states: that "Clinical Affiliate" has the absolute right and responsibility to terminate an individual's clinical rotation at "Clinical Affiliate based, on attitude and behavior. Such right, of "Clinical Affiliate is not negotiable or subject to discussion. Withdrawal from "Clinical Affiliate" of a stucierat or faculty of'the "College" may be requested by "Clinical Affiliate." "C1ii%ical . Affiliate" has the right.to remove a.student from participation under this agreement with or without cause: 7. Make the:following affirmations to ensure Iair Labor Standards Act requiremmhts, are met: The special regulations in the Fair Labor Standards Act .covering "student learners" enrolled iri a bona fide. technical,program are appl-icable to Program students; The "College". is accredited by the Comiriission on;Colleges-of the Southern Association of Colleges and Schools.:to award associate of arts, associate of science,.: associate of applied science degrees and certificates of completion; No -hourly eornpensation is_applicable to°the student -learner while in the .Program in the learning experience at "Clinical Affiliate's " site and o A student is not -considered an employee of "Clinical Affiliate," and not eligible for Workers' Compensation. 8 Assure confidentiality of patient and "Clinical Affiliate" matters by: Instructing faculty and students to :maintain the; confidentiality of patient I.and "Clinical Affiliate" information and records: a Assuring each student and faculty member execute a confidentiality ✓ agreement (Attachment A, incorporated herein by eeference) before beginning rotation at "Clinical Affiliate and Agreeing that any breach of confidentiality will result.'n the immediate expulsion from "Clinical Affiliate" of the persons) responsible for the breach and may'result in termination of the entire affiliation. The "Clinical _ Affiliate" is responsible for, and agrees to. 1. Permit'the- use of clinical facilities 'by students: enrolled in the Emergency Medical Services Program.for the -purpose of clinical, education.` 2. Maintain approval by the appropriate state and/or properly designated. accrediting body, and .inform the "College" of any changes in that approval. 3. Inform4the "College":and.participate in joint planning,:prior to accepting. Emergency Medical .Services students from any other -institutions. 4: Provide :to the extent possible, conference rooms. for student: counseling; and locker rooms or other secure space for students to store coats, books, etc.; while on duty: 5. Allow, students and faculty access !to, and.use of., facilities maintained by the "Clinical Affiliate" following its specific pblicies, fees or charges, such as Library and Cafeteria. 6. Charge no fees for clinical laboratory -experience 7. Collaborate with ,Emergency Medical Services educators to influence curricula, including clinical and/or managerial learning experiences, when "Clinical. Affiliate" provides clinical facilities for the•.Emergency Medical Services:educatioh program. S.. Assist in evaluating student performance. IV TERMS OF AGREEMENT Only"insofar as; it is.authorized by law to do so, the "College" agrees to hold the "`Clinical -Affiliate' harmless from and against -any arid; all liability for personal iniury, including,injury zesulting in.deat.h or damage to property; or both,;resuhing directly or indirectly" from the use by the College of the "Clinical Affiliate's" clinical facility. Nothing in this Affiliation Agreement is to. be construed as transferring financial responsibility from one party to another. The terms of this Agreement may be modified upon mutual consent of the parties. Plans to initiate: termination of the. Agreement maybe instituted by- either party upon noless than ninety (90) days written notice by mail of its intent to terminate the agreement at the end of a current program session. The plans for termination must include specific.procedures to assure that there will be no adverse- ffect to the rights andprivileges of students .actually enrolledin the program, as.long as they are malting normal progress toward completion. No new students will be accepted into the program after notice of termination has been given. Annual review of theAgreementwill be made. FOR THE COLLEGE: FOR THE CLINICAL AFFILIATE:. LS = O President Director of flied Health mergencg� '' edical Services rograni Course Coordinator Date Completed. Chief Administrator Date Completed GlAiYUj> _ 113 PIyyiiis Crow, Notary Date �4,t�arlat+bbm.�a t,�s.s�ra;►�a�s+b�+s,maoa+setrrae. ��j.AYFA'V� PHYLU CROW Notary Potsiic s _" .STATE OF TEXAS r •''FqF My C0- missiv11 Exolitei 101/512015 ,.. .�,°, $+suaxwanua cwa+ataawavaaaevauaaaaaaaeaoo� No Text No Text TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Sherry Ulmer, Public Health Director MEETING DATE: April 28, 2015 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute all documents necessary for a Data Use Agreement between the City of Beaumont and Texas Health and Human Services Enterprise. BACKGROUND Changes to federal law are now requiring the Texas Department of State Health Services (DSHS) contractors to execute a Data Use Agreement (DUA).for its contracts under which DSHS provides, gives access to, or transmits confidential information. This service is provided by DSHS to the Vital Statistics Division. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. 1111S Contract No 2014-044055-001 DATA USE AGREEMENT BETWEE\ TIm TEXAS HEALTH AND HUMAN SERVICES ENTERPRISE AND BEAUMONT CITY HEALTH[ DEPARTMENT ("CONTRACTOR") This Data Use Agreement ("DUA"), effective as of the date signed below ("Effective Date"), is entered into by and between the Texas Health and Human Services Enterprise agency Department_of State Health Services_("IIHS") and BEAUMONT CITY HEALTH DEPARTMENT ("CONTRACTOR"), and incorporated into the terms of HHS Contact No.2014-044055-001, in Travis County, Texas (the "Base Contract"). ARTICLE L PURPOSE; APPLICABILITY; ORDER OF PRECEDENCE The purpose of this DUA is to facilitate creation, receipt, maintenance, use, disclosure or access to Confidential Information with CONTRACTOR, and describe CONTRACTOR's rights and obligations with respect to the Confidential Information and the limited purposes for which the CONTRAC 1'OR may create, receive, maintain, use, disclose or have access to Confidential Information. 45 CFR 164.508(2)(ii)(A) This DLA also describes I WS's remedies in the event of CONTRACTOR's noncompliance with its obligations under this DUA, This DUA applies to both Business Associates and contractors who are not Business Associates who create, receive, maintain, use, disclose or have access to Confidential Information on behalf of I IHS, its programs or clients as described in the Base Contract. As of the Effective Date of this DUA, if any provision of the Base Contract. including any General Provisions or Uniform Tcnns and Conditions, conflicts with this DUA, this DUA controls. ARTICLE 2. DEFINITIONS For the purposes of this DUA, capitalized, underlined terms have the meanings set forth in the following: Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (42 U.S.C. _ § 1320d, er seq.) and regulations thereunder in 45 CPR Parts 160 and 164. including all amendments, regulations and guidance issued thereafter: The Social Security Act, including Section 1 137 (42 U.S.C.- §§ .S.C:§§ 1320b-7), Title XVI of the Act: The Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988.5 U.S.C. § 552a and regulations and guidance thereunder. Internal Revenue Code, Title 26 of the United States Code and regulations and publications adopted under that code, including IRS Publication 1075. OMB Memorandum 07-18: Texas Business and Commerce Code Ch. 52 l: "Ccxas Government Code, Ch. 552, and Texas Government Code §2054.1125. In addition. the following terms in this DUA are defined as follows: "Authorized PuU=1' means the specific purpose or purposes described in the Scope of Work of the Base Contract for CONTRACTOR to fulfill its obligations under the Base Contract, or any other purpose expressly authorized by HHS in writing in advance. "Authorized IJser" means a Person: (1) Who is authorized to create, receive, maintain, have access to. process, view. handle. examine, interpret, or analyze Confidential Information pursuant to this DUA: " (2) For whom CONTRACTOR warrants and represents has a demonstrable need to create, receive, maintain, use, disclose or have access to the Confidential Information: and (3) Who has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information as required by this DUA. HHS Data [ se Ab eement V.8.2 JJlPAA Omnibus Compliant February 6.2015 Page I of I I HHS Contract No 2414-044055-001 " 'onfidential In fi=ation" means any communication or record (whether oral, written, electronically stored or transmitted, or in any other form) provided to or made available to CONTRACTOR or that CONTRACTOR may create, receive, maintain, use, disclose or have access to on behalf of HHS that consists of or includes any or all of the following: (1) Client Information; (2) Protected Health information in any form including without limitation, Electronic Protected Health Information or Unsecured Protected Health Information; (3) Sensitive Personal Information defined by "fexas Business and Commerce Code Ch. 521; (4) Federal Tax Infotination; (5) Personaiiy Identifiable Information; (6) Social Security Administration Data, including, without limitation. Medicaid information; (7) All privileged work product; (8) All information designated as confidential under the constitution and laws of the State of Texas and of the United States, including the Texas Elcalih & Safety Code and the "Texas Public Information Act. Texas Government Code, Chapter 5S2. "Molly, Authorized Representative" of the Individual, as defined by Texas law. including as provided in 45 CFR 435.933 (Medicaid); 45 CFR 164.502(8)(1) (HIPAA). Tex. Oce. Code § 151.002(6); Tex. I1. & S. Code § 166.164; Estates Code Ch. 752 and 'Texas Prob. Code § 3. ARTICLE 3.CONTRACTOR'S Dt:TiES i2FCARDING CONFiDENTIAL INFOttMATiON Benign 3.Ot Obfigwions of CONTRACTOR CONTRACTOR agrees that; (A) CONTRACTOR will exercise reasonable care and no less than the same degree of care CONTRACTOR uses to protect its own confidential, proprietary and trade secret information to prevent any portion of the Conftdentialinforrnation from being used in a manner that is not expressly an Authorized Purpose -under this DUA or as Regu_ired by I,a"-. 45 CFR.504(e)(2)(i) (I3) CONTRACTOR will not, without 1414S's prior written consent, disclose or allow access to any portion of the Confidential Information to any Person or other entity, other than Authorized User's Workforce or Subcontractors of CONTRACTOR who have completed training in confidentiality, privacy, security and the importance of promptly reporting any Event or Breach to CONTRACTOR's management, to carry out the Authorized Puraose or as Required by Law. HHS, at its election. may assist CONTRACTOR in training and education on specific or unique HMS processes, systems and/or requirements. CON'T'RACTOR will produce evidence of completed training to HHS upon request. 45 C.F.R. 164.308(a)(5)(i); Texas Health & Safety Code §18I.101 (C) CONTRACTOR will establish, implement and maintain appropriate sanctions against any member of its �1'nrkforce,_or Subcontractor who fails to comply with this DUA. the Base Contract or applicable law. CONTRACTOR will maintain evidence of sanctions and produce it to HITS upon request,45 CER. 164.308(a)(ii)(C), 164.530(e), 164.410(b) (D) CONTRACTOR will not, without prior written approval of I.1HS, disclose or provide access to any Confidential Information on the basis that such act is Required by I,aw without notifying 11I4S so that HHS may have the opportunity to object to the disclosure or access and seek appropriate relief. If HHS objects to such disclosure or access, CONTRACTOR will refrain from disclosing or HI Data Use Agreement V.8? HIPAA Omnibus Compliant February 6, 2015 Page 2 of I I HHS Contract No 2014-044055-001 providing access to the Confidential Information until IIHS has exhausted all alternatives for relief. 45 CFR 164.SO4(a),(c)(e) ajad (f) (E) CONTRACTOR will not attempt to re -identify or further identify Confidential Information or De -identified Information, or attempt to contact any Individuals whose records are contained in the Confidential Information, except for an Authorized Purpose, without express written authoriaation from HEIS or as expressly permitted by the Base Contract. 45 CFR 164.502(d)(2)(1) and (ii) CONTRACTOR will not engage in prohibited marketing or sale of Confidential Information. 45 CFR 164 S01, 164.508(a)(3) and (4); Texas Health & Safe0i Code Ch. 181.002 (F) CONTRACTOR will not permit, or enter into any agreement with a Subcontractor to, create, receive, maintain, use, disclose, have access to or transmit Confidential Information, on behalf of CONTRACTOR without express written approval of HHS, in advance. HHS prior approval, at a minimum will require that Subcontractor and CONTRACTOR execute the Form Subcontractor Agreement, Attachment 1, which ensures the subcontract contains identical terms, conditions, safeguards and restrictions as contained in this DUA for PI If and any other relevant Confidential Information and which permits more strict limitations; and 45 CFR 164504(e)(2)(ii)(A), (B), (D) and (e)(5) (G) CONTRACTOR is directly responsible for compliance with, and enforcement of, all conditions for creation, maintenance, use, disclosure, transmission and Destruction of Confidential Information and the acts or omissions of Subcontractors as may be reasonably necessary to prevent unauthorued use. 45 CFR 164.304(e)(5); 42 CFR 431.300, et seq. (II) If CONTRACTOR maintains Pill in a Desi Hated Rccord Set, CONTRACTOR will make PI11 available to HHS in a Designated Record Set or, as directed by WIS. provide Pfttto the Individual, or Legally Authorized. ReLrrescntative of' the Individual who is requesting PI it in compliance with the requirements of the HIPAA Privacy Regulations. CONTRACTOR will make other Confidential lnformation_in CONTRACTOR's possession available pursuant to the requirements of HIPAA or other applicable lave upon a determination of a Breach of Unsecured PHI as defined in HIPAA. 45 CFR 164.524and 164.SO4(e)(2)(ii)(E) (1) CONTRACTOR will make PHI as required by IIIPA.A available to I111S for amendment and incorporate any amendments to this information that IMS directs or agrees to pursuant to the HIPAA. 45 CFR 164.504(e) (2)(M) (E) and (F) (J) CONTRACTOR will document and make available to HHS the Pill required to provide access, an accounting of disclosures or amendment in compliance with the requirements of the IIIPAA Privacy Regulations. 45 CFR 164.504(e)(2)(M)(G) and 164.5.28 (K) If CONTRACTOR receives a request for access, amendment or accounting of PHI by any Individual subject to this DUA, it will promptly forward the request to HEIS; however, if it would violate HIPAA to forward the request, CONTRACTOR will promptly notify HHS of the request and of CONTRACTOR"s response. finless CONTRACTOR is prohibited by law from forwarding a request. HHS will respond to all such requests. 45 CFR 164.504(e)(2) (L) CONTRACTOR will provide, and will cause its Subcontractors and agents to provide, to 1-fHS periodic written certifications of compliance with controls and provisions relating to information privacy; security and breach notification, including without limitation information related to data transfers and the handling and disposal of Confidential Information. 45 CFR 164.308; 164.530(c); 1 2AC 202 (M) Except as otherwise limited by this Dt:A, the Base Contract, or law applicable to the Confidential Information. CONTRACTOR may- use or disclose PHI for the proper management and administration of CONTRACTOR or to carry out CONTRACT'OR's legal responsibilities if: 45 CFR 164.504(e)(11/0)(A) 11IfS Data Use Agreement V.8.2 HIPAA Omnibus Compliant February 6.2015 Paye .i of I 1 HHS Contract No 2014-044055-001 (1) Disclosure is Required by Law, provided that CONTRACTOR complies with Section 3.01(D); (2) CONTRACTOR obtains reasonable assurances from the Person to whom the information is disclosed that the Person will: (a) Maintain the confidentiality of the Confidential Information in accordance with this DI !A; (b) Use or further disclose the information only as Required by Law or for the Authorized Purpose for which it was disclosed to the Person; and (c) Notify CONTRACTOR in accordance with Section 4.01 of any Event or Breach of Confidential Information of which the Person discovers or should have discovered with the exercise of reasonable diligence. 45 CFR 164.SO4(e)(4)(U)(B) (N) Except as otherwise limited by this DUA, CONTRACTOR will, if requested by 1I11S, use Pill to provide data aggregation services to 1-111S, as that term is defined in the HIPAA, 45 C.F.R. § 164:501 and permitted by HIPAA. 4S CFR 164.504(e)(2)(i)(B) (0) CONTRACTOR will, on the termination or expiration of this DUA or the Base Contract, at its expense. return to HITS or Destroy, at IIIiS's election, and to the extent reasonably feasible and permissible by law. all Confidential Information._ received from IVIS or created or maintained by CONTRACTOR or any of CONTRACTOR's agents or Subcontractors on HHS's behalf if that data contains Confidential Information. CONTRACTOR will certify in writing to 1411S that all the Confidential Information that has been created, received, maintained, used by or disclosed to CONTRACTOR, has been Destraed_or returned to IIHS. and that CONTRACTOR and its agents and Subcontractors have retained no copies thereof. Notwithstanding the foregoing. CONTRACTOR acknowledges and agrees that it may not Destrok any Confidential Information if federal or state law. or 1114S record retention policy or a litigation hold notice prohibits such Destruction. If such return or Destruction is not reasonably feasible, or is impermissible by law, CONTRACTOR will immediately notify'IlIIS of the reasons such return or Destruction is not feasible, and agree to extend indefinitely the protections of this DUA to the Confidential Information and limit its further uses and disclosures to the purposes that make the return of the Confidential Information not feasible for as long as CONTRACTOR maintains such Confidential Information. 45 CFR 164.SO4(J) (P) CONTRACTOR will create. maintain, use, disclose, transmit or Destroy Confidential Information in a secure fashion that protects against any reasonably anticipated threats or hazards to the security or integrity of such information or unauthorized uses. 45 CFR 164.306; 164.530(c) (Q) 1f CONTRACTOR transmits, stores, and/or maintains Confidential Information on non -1111S systems or networks, CONTRACTOR completed the IIIIS initial security assessment at http:Hhhscx.hhsc.state.tx_us/tech/defauIt.slitmI to identify and mitigate identified risks prior to execution of this Dl1A. CONTRACTOR's initial security assessment will document security controls within CONTRACTOR's system that protect HHS Confidential Information. CONTRACTOR will comply with periodic security controls compliance assessment and monitoring by HUIS as required by state and federal law, based on the type of Confidential Information CONTRACTOR creates, receives, maintains, uses, discloses or has access to and the Authorized Purpose and level of risk. CONTRACTOR's security controls will be based on the National Institute of Standards and Technology (NISI") Special Publication 500-53. CONTRACTOR will update its security controls assessment whenever there are significant changes in security controls for 1414S.Confidential Information and will provide the updated document to 1I11S. HHS also reserves the right to request updates as needed to satisfy state and federal monitoring requirements. 45 CFR 164.306 (R) CONTRACTOR will establish, implement and maintain any and all appropriate procedural. administrative, physical and technical safeguards to preserve and maintain the HHS Data Use Agreement V.8.2 HIPAA Omnibus Compliant Februar}-6.2015 Page4 of 1 1 H11S Contract No 2014-044055-001 confidentiality, integrity, and availability of the Confidential Information, and with respect to PHI, as described in the HIPAA Privacy and Security Regulations, or other applicable laws or regulations relating to Confidential Information to prevent any unauthorized use or disclosure of Confidential Information as long as CONTRACTOR has such Confidential Information in its actual or constructive possession. 45 CFR 164.308 (administrative safeguards); 164.310 (physical safeguards); 164.312 (technical safeguards); 164.530(c)(privacy safeguards) (S) CONTRACTOR will designate and identify, subject to MHS approval, a Person.. -or Persons, as Privacy Official 45 CFR 164.530(a)(1) and Information Security Official, each of whom is authorized to act on behalf of CONTRACTOR and is responsible for the development and implementation of the privacy and security requirements in this DUA. 45 CFR 164.308(x)(2) (T) CONTRACTOR represents and warrants that its Authorized Users each have a demonstrated need to know and have access to Confidential Information solely to the minimum extent necessary to accomplish the Authorized Purpose pursuant to this DUA and the Base Contract, and further, that each has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information contained in this DUA. 45 CFR 164.502; 164.514(d) (i;) CONTRACTOR and its Subcontractors will maintain an updated, complete, accurate and numbered list of Authorized Users, their signatures, titles and the date they agreed to be bound by the terms of this DILA, at all times and supply it to I114S. as directed, upon request. (V) CONTRACTOR will implement. update as necessary. and document reasonable and appropriate policies and procedures for privacy, security and Breach of Confidential -Information and an incident response plan for an 'vent or Breach., to comply with the privacy, security and breach notice requirements of this DUA prior to conducting work under the DUA. 45 CFR 164.308; 164.514(eg (W) CONTRACTOR will produce copies of its information security and privacy policies and procedures and records relating to the use or disclosure of Confidential Information _,received from, created by, or received, used or disclosed by CONTRACTOR on behalf of 111{S for I If IS's revie« and. approval within 30 days of execution of this DUA and upon request by III IS the following business day or other agreed upon time frame. 45 CFR 164.308; 164.S14(d) (X) CONTRACTOR will make available to Ill IS any information HI -IS requires to fulfill HHS's obligations to provide access to, or copies of, Plii in accordance with HIPAA and other applicable laws and regulations relating to Confidential Information. CONTRACTOR will provide such information in a time and manner reasonably agreed upon or as designated by the Secretary, or other federal or state law, 45 CFR 164.504(E)(1)(1) (Y) CONTRACTOR will only conduct secure transmissions of Confidential Information whether in paper, oral or electronic form. A secure transmission of electronic Confidential Information in 17701ion includes secure File Transfer Protocol (SFTP) or Encryption at an appropriate level or otherwise protected as required by rule, regulation or lain. 1114S Confidential Information Wrest requires EncD!Ption unless there is adequate administrative, technical, and physical security, or as otherwise protected as required by rule, regulation or law. All electronic data transfer and communications of Confidential Information will be through secure systems. Proof of system, media or device security and!or Encrvntion must be produced to HHS no later than 48 hours after HHS's written request in response to a compliance investigation, audit or the Discovery of an Event or Breach. Otherwise, requested production of such proof will be made as agreed upon by the parties. De -identification of HI -IS Confidential Information is a means of security. With respect to de -identification of PH[, "secure" means de4dentified according to HIPAA Privacy standards and regulatory guidance. 4S CFR 164.312; 164.530(d) (7_) CONTRACTOR will comply with the following laws and standards if applicable to file type of Cnrtlideniial Information and Contractor's Authgar gd Pu&pos : HliS Data Use Agreement V.8.2 I4IPAA Omnibus Compliant February 6, 2015 Page 5 of I I HHS Contract No 2014-044055-001 o Title 1, Part IO Chapter 202, Subchapter B, Texas Administrative Code; • The Privacy Act of 1974; • OMB Memorandum 07-16; • The Federal Information Security Mana eg ment Act of 2002 (FISMA); a The Health Insurance Portability and Accountability Act of 1996 (HIPAA) as defined in the DUA; • Internal Revenue Publication I075 — Tax Information Security Guidelines for Federal, State and Local Agencies; • 'rational Institute of Standards and Technology ('DIST) Special Publication 800-66 Revision l — An Introductory Resource Guide for Implementing the Health Insurance Portability and Accountability Act (HIPAA) Security Rule; • NIST Saecial Publications 800-53 and _500-53A — Recommended Security Controls for Federal Information Systems and Organisations, as currently revised; • NIST Special Publication 800-47 — Security Guide for Interconnecting Information Technology Systems; • NIST Special Publication 800-88, Guidelines for Media Sanitization, • NIST Special Publication 800-111, Guide to Storage of Encryption 'Technologies for End User Devices containing Pill. and • Any other State or Federal law. regulation, or administrative rule relating to die specific I If IS program area that CONTRACTOR supports on behalf of I ITIS. ARTICLE 4. BREACH NOTICE, REPORTING AND CORRECTION REQi;IRENTE1V'TS S etion 4.01. Breach or fjXULIVotiftcation to HH.S 45 Cr-)? 164.400-414 (A) CONTRACTOR will cooperate fully with HHS in investigating. mitigating to the extent practicable and issuing notifications directed by f It IS, for any Event or Breach of Confidential Information to the extent and in the manner determined by HHS. (B) CONTRACTOR'S obligation begins at the Discovery of an Event or Breach and continues as long as related activity continues. until all effects of the Event are mitigated to IIHS"s satisfaction (the "incident response period"). 45 CFR 164.404 (C) Breach Notice: Initial Notice. a_ For federal infonnation, including without limitation. Federal Tax Information. Social Security Administration Data, and Medicaid Client Information, within the first, consecutive clock hour of Discovery, and for all other types of Confidential Information not more than 24 hours after Discovery, or in a rimefranie otherwise approved by HHS in writing, initially report to IiHS`s Privacy and Security Officers via email at: privacy�HIIS.state.tx.us; and IRS Publication 1075; Privacy Act of 1974, as amended by the Computer Vatching and ,Privacy Protection Act of 1988, S US. C § SS2a; DMB Uemorandanr 07-16 as cited in HHSC-CMS Contracts for information exchange. b. Report all information reasonably available to CONTRACTOR about the liven or Breach of the privacy or security of Confidential Information. 45 CFR 164.410 HHS Data Use Agreement x'.8.2 HIPAA Omnibus Compliant February 6, 2015 Page 6 of I 1 HHS Contract Xo 2014-044055-001 c. Name, and provide contact information to HHS for, CONTRACTOR's single point of contact who will communicate with HITS both on and off business hours during the incident response period. 2. 48 -Hour Formal ?'Notice. No later than 48 consecutive clock hours after Discovery, or a time within which Discovery reasonably should have been made by CONTRACTOR of an Event or fireach of Onfidential Information, provide formal notification to the State, including all reasonably available information about the Event or Breach, and CONTRACTOR's investigation, including without limitation and to the extent available; For (a) - (m) below. 45 CFR 164,400- 414 64400- 414 a. The date the Event or Breach occurred; b. The date of CONTRACTOR's and, if applicable, Subcontractor's Dscove�; c. A brief description of the Event or Breach: including how it occurred and who is responsible (or hypotheses, if not yet determined); d. A brief description of CONTRACTOR's investigation and the status of the investigation; e. A description of the types and amount of Confidential Information involved; f Identification of and number of all Individuals reasonably believed to be affected, including first and last name of the individual and if applicable the, I.eaally authorized representative, last known address. age, telephone number, and email address if it is a preferred contact method- to the extent known or can be reasonably determined by CONTRACTOR at that time; g. C'OiNTRAC7'DR's initiai'risk assessment of the Cvcnt or .Breach demonstrating whether individual or other notices are required by applicable law or this DUA for 11115 approval, including an analysis of whether there is a low probability of compromise of the Confidential lnf nmationor whether any legal exceptions to notification apply; h. CONTRACTOR's recommendation for IIIIS's approval as to the steps individuals and/or CONTRACTOR on behalf of individuals, should take to protect the Individuals from potential harm. including without limitation CONTRACTOR's provision of notifications. credit protection, claims monitoring, and any specific protections for a Legally Authorized Rcrtrescntative to take on behalf of an Individual with special capacity or circumstances: i. The steps CONTRACTOR has taken to, mitigate the harm or potential harm caused (including without limitation the provision of sufficient resources to mitigate); j. The steps CONTRACTOR has taken, or will take, to prevent or reduce the likelihood of recurrence of a similar Fvent or Breach: k. Identify, describe or estimate of the Persons, Workforce. Subcontractor, or Individuals and any law enforcement that may be involved in the Event or Breach: 1. A reasonable schedule for CONTRACTOR to provide regular updates to the foregoing in the future for response to the Event or Breach. but no less than every three ,(3) business days or as otherwise directed by HHS, including information about- risk estimations., reporting, notification, if any, mitigation, corrective action, root cause analysis and when such activities are expected to be completed; and m. Any reasonably available, pertinent information, documents or reports related to an 17vent-or Breach that IiHS requests following Discovery. ' IMS Data Use Agreement V.8.2 HIPA.A Omnibus Compliant February 6. 20 t; Page ; of I 1 HHS Contract No 2014-044055-001 Vection 4.02 Investigation, .Response and Mitigation For A -F below: 45 CFR 164.308, 310 and 312 (A) CONTRACTOR will immediately conduct a full and complete investigation, respond to the Event or Breach, commit necessary and appropriate staff and resources to expeditiously respond, and report as required to and by I i1IS for incident response purposes and for purposes of HIIS's compliance with report and notification requirements, to the satisfaction ofI-IIIS. (B) CONTRACTOR will complete or participate in a risk assessment as directed by HHS iS following an Event or Breach, and provide the final assessment, corrective actions and mitigations to ifIIS for review and approval. (C) CONTRACTOR will fully cooperate with MHS to respond to inquiries and/or proceedings by state and federal authorities, Persons _and/or Individuals about the Event or Breach. (D) CONTRACTOR will fully cooperate with HHS's efforts to seek appropriate injunctive relief or otherwise prevent or curtail such Event or Breach, or to recover or protect any Confidential information, including complying with reasonable corrective action or measures, as specified by I IHS in a Corrective Action Plan if directed by III IS under the Base Contract. &ption 4.03 Breach Notification to d g and Reporting to Authorities T= Bus. & Comm. Code §521.053; 4S CFR 164.404 (Individuals), 164.406 (Meditt); 164.408 (Authorities) (A) HMS may direct CONTRACTOR to provide Breach notification to Individuals. regulators or third -parties, as specified by I IHS following a Breach. (B) CONTRACTOR must obtain HIIS's prior written approval of the time, manner and content of any notification to Individuals. regulators or third -parties, or any notice required by other state or federal authorities. Notice letters will be in CONTRACTOR's name and an CONTRACTOR's letterhead, unless otherwise directed by HHS, and will contain contact information, including the name and title of CONTRACTOR's representative, an email address and a toll-free telephone number, for the Individual to obtain additional information. (C) CONTRACTOR will provide HITS with copies of distributed and approved communications. (D) CONTRACTOR will have the burden of demonstrating to the satisfaction of 11I1S that' any notification required by EIHS was timely made. If there are delays outside of CONTRACTOR's control, CONTRACTOR will provide ~,mitten documentation of the reasons for the delay. (E) If f IHS delegates notice requirements to CONTRACTOR, HITS shall, in the time and manner reasonably requested by CONTRACTOR, cooperate and assist with CONTRACTOR's information requests in order to make such notifications and reports. ARTICLE 5. SCOPE OF WORK Scope of '4'i'ork means the services and deliverables to be performed or provided by CONTRACTOR, or on behalf of CONTRACTOR by its.Subcontractors or agents for I MS that are described in detail in the Base Contract. The Scope of kVork, including any future amendments thereto, is incorporated by reference in this DI:A as if set out word-for-word herein. HHS Data Use Agreement V.8.2 111PAA Omnibus Compliant February 6, 2015 Page 8 of) I H14S Contract No 2014-044055-001 ARTICLE 6. GENERAL, PROVISIONS Sect i o n 6.01 Ownersh ip of Con/idential Information CONTRACTOR acknowledges and agrees that the Confidential Information is and will remain the property of HHS. CONTRACTOR agrees it acquires no title or rights to the Confidential Infonrtation. Section G.02 HHS Commitment and Obligations HIIS will not request CON''TRACTOR to create, maintain, transmit, use or disclose PHI in any manner that would not be permissible under auplicablc law if done by MIS. ctian 6,03 HHS Right to Inspection At any time upon reasonable notice to CONTRACTOR, or if HI IS determines that CONTRACTOR has violated this DUA, 1114S, directly or through its agent, will have the right to inspect the facilities, systems, books and records of CONTRACTOR to monitor compliance with this DUA. For purposes of this subsection, HHS's agent(s) include, without limitation, the III IS Office of the Inspector General or tate Office of the Attorney General of Texas. outside consultants or legal counsel or other designee. Sectign 6.0 Term; Termination of DUA; Survival This DUA will be effective on the date on which CONTRACTOR executes the DUA, and will terminate upon termination of the Base Contract and as set forth herein . If the Base Contract is extended or atnended, this DUA is updated automatically concurrent with such extension or amendment. (A) HITS may immediately terminate this DUA and Base Contract upon a material violation of this DUA. (B) Termination or Expiration of this DUA will not relieve CONTRACTOR of its obligation to return or Destroy -the Confidential Information as set forth in this DUA and to continue to safeguard the Confidential Information until such time as determined by HIM (D) If HHS determines that CONTRACTOR has violated a material term of this DUA: MIS may in its sole discretion: I . Exercise any of its rights including but not limited to reports. access and inspection under this DUA andtor the Kase Contract. or 2. Require CONTRACTOR to submit to a corrective action plan, including a plan for monitoring and plan for reporting, as IIHS may determine necessary" to maintain compliance with this DUA: or 3. Provide CONTRACTOR with a reasonable period to cure the violation as determined by HIM. or 4. Terminate the DUA and Base Contract immediately, and seek relief in a court of competent jurisdiction in Travis County, Texas. Before exercising any of these options. MIS will provide written notice to CONTRACTOR describing the violation and the action it intends to take. (F,) If neither termination nor cure is feasible. MIS shall report the violation to the Secretary. (F) The duties of CONTRACTOR or its Subcontractor under this DUA survive the expiration or termination of this DUA until all the Confidential Information is Destroyed or returned to HHS, as required by this DUA. HHS Data Use Agreement V.8? HiPAA Omnibus Compliant February 6, 3015 Page 9 of I I �,, HHS Contract No 2014-044055-001 Section 6.05 Governing Law, Venue and Litigation (A) The validity, construction and performance of this DUA and the legal relations among the Parties to this DUA will be governed by and construed in accordance with the laws of the State of Texas. (B) The Parties agree that the courts of Travis County, Texas, will be the exclusive venue for any litigation, special proceeding or other proceeding as between the parties that may be brought, or arise out of, or in connection with, or by reason of this DUA. Section 6.06 Injunctive Relief (A) CONTRACTOR acknowledges and agrees that HHS may suffer irreparable injury if CONTRACTOR or its Subcontractor fails to comply with any of the terms of this DUA with respect to the Confidential_ Information or a provision of HIPAA or other laws or regulations applicable to Confidential Information. (B) CONTRACTOR further agrees that monetary damages may be inadequate to compensate MIS for CONTRACTOR's or its Subcontractor's failure to comply. Accordingly, CONTRAC'T'OR agrees that IIHS will, in addition to any other remedies available to it at law or in equity, be entitled to seek injunctive relief without posting a bond and without the necessity of demonstrating actual damages, to enforce the terms of this DUA. CONTRACTOR w1k indemnify, de Commissioner, emplo)ees, , hcontr d other members of its V1'ork rce again t all actual and direct loss' t from o in connection with any bre: CONT 'TOR or its employees, Work -force. 'he duty to indemnify - continues to a _ ly even in the event and hold harmless 111 S (including other state ag each of the%or hereinafter refer 'fered by thefied Party and all h of this DUm any acts or omi t ctors, officers. ld and hold and its respectiv Executive cies acting on behaI f E lI IS) r to as '-Indemnified rty") lia " Ry to third parties an ' g ssion related to this DUA b yrs. or agents or thcr members of its independent of the uty to insure and coverage required, any, in the DUA of 3ase Contract is denied, or cover. *e rights are reserved by Xy insurance carrier. ' on demand, CON] ACTOR will r 'rnburse HHS for and all losses. liabilities. ost profits, fines. lien, ies. costs or expens (including r nable attorneys' f which may for any reas be imposed upon any demnifred Party by cason of any s ' , claim, action, pro eding or demand by any ird party to the extent c used by and whic results from th 'ONTRACTOR's 'lure to meet any of its bligations under this bQA. CONTRA C OR's obligation defend, indemnify a d hold harmless any In nnified Party will survive the expiration or termination of is DUA. Scetfon 6.08 Insurance (A) In addition to any insurance required in the Base Contract. at HHS's option. MIS may require CONTRACTOR to maintain, at its expense. the special and/or custom first- and third -party insurance coverages, including without limitation data breach. cyber liability, crime theft and notification expense coverages, with policy limits sufficient to cover any liability arising under this DUA, naming the State of Texas, acting through IIHS, as an additional named insured and loss payee, with primary- and non-contributory status, with required insurance coverage, by the Effective Date. or as required by I IHS. (B) CONTRACTOR will provide 1111S with %witten proof that required insurance coverage is in effect, at the request of BITS. HITS Data Use Agreement 1%.8.2 HIPAA Omnibus Compliant February 6. 2015 Pagc 10 of I I HHS Contract No 2014-044055-001 Section 6,09 Fees and Costs Except as otherwise specified in this DUA or the Base Contract, including but not limited to requirements to insure and/or indemnify HHS, if any legal action or other proceeding is brought for the enforcement of this DUA, or because of an alleged dispute, contract violation, Event. Breach, default, misrepresentation, or injunctive action, in connection with any of the provisions of this DUA, each party will bear their own legal expenses and the other cost incurred in that action or proceeding. Section 6.10 Entirety of the Contract This Data Use Agreement is incorporated by reference into the Base Contract and, together with the Base Contract, constitutes the entire agreement between the parties. No change, waiver, or discharge of obligations arising under those documents will be valid unless in writing and executed by the party against whom such change, waiver, or discharge is sought to be enforced. Section 6,11 Automatic Amendment and Interpretation Upon the effective date of any amendment or issuance of additional regulations to HIPAA, or any other law applicable to Confidential Information, this DUA will automatically be amended so that the obligations imposed on HHS and/or CONTRACTOR remain in compliance with such requirements. Any ambiguity in this DUA will be resolved in favor of a meaning that permits f 111 and CONTRACTOR to comply with I4IPAA or any other law applicable to Confidential Information. ARTICLE 7. AUTHORITY TO EXEcuTE . The Parties have executed this DUA in their capacities as stated -below with authority to bind their organizations on the dates set forth by their signatures. IN WITNESS HEREOF, HHS and CONTRACTOR have each caused this DUA to be signed and delivered by its duly authorized representative: TExAS HEALTH AND HUMAN SERVICES BY: NAME: TITLE: DATE: , 2011 CONTRACTOR BY: NA.MVI E: TITLE: DATE: , 201 _. IMS Data Use Agreement V.8.2 HIPAA Omnibus Compliant Februar} 6. 201 Page 11 of 1 l RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL ' OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute all. documents necessary to enter into a Data Use Agreement between the City of Beaumont and Texas Department of Health and Human Services to provide, give access to, or transmittal of confidential information. The Date Use Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. 2015. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of April, - Mayor Becky Ames - i' illS'Conwact,Nd 2014-04405,54011 DATA (:.SSE AGk2EEXE'tiT BJ','l EE -S T1IE TEit15 1EAL?'H AN �l:t<NIAN S E R V I CES F:'+ T FRPRTS S: xta;ND BEAUMONT CITY HEALTRA)EPARTMENT" ("C:ONTRACTOW') Ibis Iata.t€segrecrneat (`I�t'"); efft*ti1c a> a# tic date stgtes3� !o�v (<ffectve L3ate''j; is enis red`iritcr 17y aaad-taetween the;Texas l>%alEf and'I urnan Services nteri?rise agency .-uartment ci . lZlwP..PF- HK �Frvirer f"I:IW: ``l anci.BE.rLI�t,NION°TCIV- HFAt IH I ,I�ART7v_IB'tT.;: - oNTitACTow. },anis i:itc;orpgriifGd iztiti the.terms of l ll-iS Conhai t i�'o 2t? i 4 04 ',Q5,5--00 is in Travis County; Texas tthe: "Base Contract A.RTfCL I. i'URPOSL AP'PLiCARTLiTY; GROEA- OT PRF.OEDENCE The purp6se of this DL;A'is-to facilitate creation, receipt mainttinance -use, disclosure or access to. Confidential lnfortitatibri with CONTRACTOR * and :dagribe C()1+T`RAC7`C)lo's righEs artd titiltg�ttiosis: ss illi respect to the Confirleritial; fnforrrtatfon.and the Iimhed purposes for which the C{?, '}tAC'l`C rx€ay: crt ate; rGc yo, maintwn, usr , c inclose or have access to ::oraf�deniial Information., 4S CSR 164a08(2)00(A) This t)i✓A.also.describcs 1`lliS's:remt dies.in event .o CO.,NI.jiAC`T.0 's noncompliance Nvith its obligations under. -this l: UA. ,Th Z?.t:tl app lids to. both Bus,i=ess.Associates and contractors wl,o arc riot Business Associates who create; receive, maintain, use, disclose or have access to Cq fedenj al Infor_rtationon behalf of.lfifS; its programs or clients as deseribed in the Base:( witract, A, of the.i lf`ect vi'Date of'this IX;A, iflany"provision Ofthe Base; Contract.. including any (;cnemll ,ftvisions or Uniforin 'l7enlis'and Conditions, cintgiets with this M A_ this DDA controls, ART`TC i;.E 2, ilk f INUTit).NS l�W the Purposes o#this D.OA, capitAized, unootoined terrns h ave the.rnean ngs set forth in #tic following:: Health Insurance Portability and Aceduntahility Act oi' 19 6 Pb�,Iic I au 1 04-19.1- (42 t:.S.' #2�2f3d. t=t,rcc�.}and t�.gulations iht;n;ursdc.r'.n d'+5 C Fi';P3�t5 ,ltifi and ln� .iticfudingall ante€rd€rents, regulations•and guidance issued thereafter ,The Soc€al.Sccurib, fact, including $ectit�r� I137 (4" U -S C, tf ii 7.1.'i'itle �£ 'I of'ih6-Act: Tare' P ivacy� Act of 14:71, as amended by he.0 omptitcr Matching and Privacy,Notection Aci of 198x ? U.:S.0 4.552a and e'gulations and guidance "thereunder; internal Xdvenue. Code, Title 16 ofthe, United.States Code and rcgulaiions and publications adapted utzder khat code, incittrtinl IRS- Publication 107. (}€'vli� Memos dur7 07-183: Texas Business and:.Corntncrcc Code O!, 52 i TeX? Gouernrbent Code,.C'h 552Nand Ti s Gtiverrtrnent:Ctrdc . 0354, I t ?S In addition: the iAt Ilovv ng terms in this l)C1A are defined as Nlows, , " ;riltot ireri t7irrnn�e" rmans the specific purpose or purposes described in the Scoire of ��ctrk' cif' the Base Contract for CONTRACTOR to fulfill its obligations under the Base Contract, .or any other purpose expressly authorized by 1411S in writing in advance °' j or'rzed i;sdr" rneans,a Person: Who is .authoi[zed to create, receive, maintain, have access to, process, vieNN.. handle. examine, .iriterprel. or ariaiyze Confidential. fnforrnakidn pursuant to thisDUA, (2) For vNhotti.CONTRACTOR slmants and represents has 'a dcmons(rable teed, to create., rec.arm.mai`ntain, use: disclose or tjave acccss to-the,C,onfdential lnfiorrnation: and (3) Who Ilan agreed in biting to.be:horrnd b the d4scia itrt and use limitations pertairittg 10 :hc,Confd m;ial Information -:as required b,, this D A: I I I I S Data Use Agre�men r is `S.2 I I'PAA Omnibus Compliant c6rua:y 5.201 W< _ Pa"c 1. of i;l EXFIlBiT�"R"� Nils Coniraer N 2014.044055-001 :G_nt1tp�ttrtinn" means any communication or record. (whether oral, written, elearonics, Ny stored or transrniacd, or in any other form) provided to or made available to -CONTRACTOR or that CONTRACTOR may, create, receive, niainia.in; usc. disclose or.have access to on behalf of H14S that consists-ofor inc.ludes.any or all of the following:: { I.;) 'Client Informatjsn; (2) Protected Health Information .in anv: form .includi lig wyithout, !imitation, Electronic Protected `t.lealth Infnrtnation or Unsecured Protected Flealth infcirmsti h; - (3j S rtsitive Pets�na� inforrrtation dd ner4-'ay Te4-a Business and Commercc Cock Ch, 521; (4) federal ' a� infoi rnat on; (5) Personally Ident faLic bfprm„a'Lion- .(6) ion . . (b)S +c a# 5cc rrit _ _administration Qgia, including, Without limitation, Medicaid information; (7). All privileged work product; - {8) All. information designated as cnrif sten#ial undcr4hc eonsiitt€tion and t ws oftlrc tott of Texas and of the i n'ited States;'including- the ;Tms Healih & Safer}, Code and the Texas Public In formation Act, Texas Governrneat:C'dde, Chapter 552 "Legally Authorized Renresentative" of the li dividual. as defined bi Texas "laic: including as provided in 45 CFR 435.923 (Medicaid), 44 UR 164.502(g)()) (tffPAA); Tex. Occ. Code § t s 1.002(6); t'cv. IL t`t S, Codc § 166 164-, Estates Cttd€: Ch. 752 and`l'exas I'rob. Codc,§ 3. AR-TICLE`3.C(>.tiI?RA.rlcOR'5 DUTIES tzRGAIMING C.ctNilDE.N'11At. i�;FORNt,�T taaiorrrniCONTRAi~TOR CON,tTRAC`l`OR n is es that; (raj CONTRACTOR ticillc;�ejvlsc rcascynafilc care and nc5 leas titan #hc sttttie decree a"care CONTRA(TOR uses :to -{protect its omn..confidential. proprietary and trade secret irtfonriation to prevent' ary portion .of tete, C6itlidt fitral lnformation from being used in a')rtau:ter that. is�rtot expressii ,an at tltr rued _Purpo se under this- DUA or Ias R_e u�irt t) (aw, 45 CFR_5ft4fr_)(2}(j), (13) CONtRACTOR Will not, without fit,S's prior griffon consent, disclose .or allow access to any porltcn of tateC sn�dett ral:3t�ft�rrrt4ttttt;_ttt any Pgrson or ether:entiq..other ;lion Authorized User`s Kgrkf' roe or Subcontractors of Co N"7'1 A(. f'OR who liave:completed training in co6f derttiality., pr vacy._ security and the im,961ance of promptly reporting -am Fent �or Be6ach to ((,1 E}'RAC*r'0R's management. to carr a out the Authciri�eci Fumrpose or as Requi�ecl big I.atii. l -1r15, at its election. ma}• assist C(.) TRACTC)R tri training and education on specific or unique IfIIS Processes, s}sfcrns and/or requirements. CONTPAiTOR will produce evidericc of completed training to H14S upon request. 45 C:FR. 764 30S(a)(5)(r`) Tea-asHealfh & Safety' Code§1,81.101- (C) 01- (C) CONTRACTOR will establish, implement and maintain zpproprriate. sanctions against -any member of its wori.foice or Subcontractor. who fails to comply withthis D A.,the Base Contract or applicable' law. CON*TR.AC'1'(,)R..will maintain evidence of sanctions and produce it to: 1-11IS upon requezt.45 C'RK 16-4:.308( )t'ii)(Cj, 164.530(:'), 164.40(b) (D):. CONTRACTOR will not,, without. prion w ritten approval of. HHS, disclose or provide :access to ani,. Conf'dential'Informat on on file oasis that such act is'Required 6t I,ativwithout notifying IN 15 50. that kIrIS :'may have the, opportunity to object to the 'disclosure or access' and'seek- appropr We relief. If Flt 5 objects to such disclosure or access.. C.ON'TRAC1 OR, u it) refrain train disclosing or I [its Data UwAAgreemeni V.8.2 HtPAA'C m'gibus Cornplianr,Februarg 6, 2015 Page 2ofII 1;1HS Contract `o 20,)4-044(155-00; tsrapiding access to the>Confii citttal Irifor, cation until MIS has; haunted all alternatives for relief: 45 C'1'1t 16A,SO4(271 ee)(e} urrd ^ (F) . CONTRACTOR will not attempt to re-i4enti'nf or further identify forinatCocrfxdential; 1nior or ` i LWIintif"red, 'Information, or, attempt to cna, act .any Indtu d+:tals whose records are; contained in the Confidential Infornmation, 09dept :for an Authorized_ Purbose., wvithout ekpress written authorization from HIJS or as expressly permitted: by rhe BaseContract. 4'S C -FR 164.S02(d)(Z)() and (i1j CONTRAC OR; will not .engage in prohibited marketing or sale of Confidentiaj_L f6rrtiatian, 45' CFR 164.501 .164.50(iii)(1) acid (4);,T' xas Hea[fb & Safe0l Code eh. 181:00j {F}. CONTRACTOR will not, penrtit, o enter intra any, agreement' with a :S rrbcontractor,to, create ,receive, rrtaintain;, use, disclosc; have. access to or a-ans;z ii Caiifttientiai .Infarrnation, on Eiehatf .of CONTRACTOR`'Without express written apptacal of 1411S, in adsjanc.e. YIHS prior approval, at a fiinImbrri will require; that Si bcorttractar arid C:ONTRAC`TOR execute the Form Subcor actor Agreement, Attachnzerit 1, which ensures the subcontract contains identical terms; conditions, safeguards anfi restrictions as contained in Phis DDA for Ptif and afty bthdr relevant Confidential IrMfQtritatib_qi end which pctm.its. inure strict Iimitations; and 45 CER 164_504(e)(�)(V) (),, (0j irr:ci (e)( i (Cx} CON -7 is direct v responsible for compliance wird; 'arrd en fgrc�ment of, all conditions for creation inAintenance ,.rise, diselasure, transmissionand;Destruccn df!17.0 Gde CWI t forma to ,And the, acts ar:vmissions of'.Subcontractorsas'may be reasbrigbly. nec;essary,tcr prevent unauthorized use. 45 CJt1! I6d,5114%}(SJ; CSR 4'31;3(10, aseq. {II j Il` COI `t'RAC TOR' maintains Pill in s Desi is t d Retard Set,. CONTRACTOR will make f?lkf_ava.ilahle to MIS. in :a Dcsignated RLecrd_ S t oi; a .directzt by Ifll _pros idc F?'If',to thi> laid vidua1, or iwe r ll,. Authorized• T2arescntatl r. of the Individual who 'is• rct;uesting PHI in complittiic{e with the requirements of thL 1 iilr h ?i is acv I_ tcgulatioll <„CUiv'I RA("YOR witl mike other nn'rttlent tl Information_in C't) I'IZAt `T`t it',i:lrusscssiczn available pursuant to cite requirements: of ,t.ia'AA or ether ali{ilrcablt Iaw ulratr a d tcrtttinaticart cif a Breach. of .t}ttsecureti PifL,as defined iitII:iE't�f 4.5' Cott 16.4.52 4an 1116 4. S 0.4(e) f2) (i i) (E) (1) CONTRACTOR �k ill, macre P : as required kN i1jPAA avi lab(c.. o 1111.3 for aamendrr eM and incorporate. any :arni ncliirettts tc�.this irrfiartaation tli ii I:{llS directs car agrees tt�.ptrrsu«nt to the IIIMlt. - (1), CONTRACTOR will docunte:nt and mane available to'I II IS the l'fll required to provide access, ;an accnurtiirfg of :dtscictsutes. or ainendrrtent in compliance with the requ;irerr eats of the off AA Privacy• Regulations 45 CSR 164:504(e)(2)(11)(G) arid 16.4.528 (K i If CO��TRAC I'()ft; receives a request for access. anrc iftent ,or accounting cif Pl-ts by aq. tndiv dual subject to [his DI/1; it will promptly,.Torward.the'rcgucst 1.0 I IIiS.; however. if it uf•ould . vioiate HIPAA tri fnrward the- request, CONTRACTOR ,ill promptK notify ffHS of the request and of (.'O1N'T'RAC,TOR's response, Unless 'CONTRACTOR—is prohibited b, (a%.\from for=warding a request. HTIS will respond.to all sacci requests. 43 CER 1.64.9)4(e)(?J (t.)„ CONTRACTOR will orovide. and will cause its Subtarztia tars and agents to pro>ide, to. IMS periodic wrirten certifications of compliance with controls anti provisions rclati:ng to information privacy, .security and'breach riwi ication, including without limitation information related to data transfers and the handling and disposal ofConfidential Inforrra, ion. 4,Y -CFR 1:64'.:308,• 164_530( q); i ?AC202 (.M) Except as. oihervv1se limited by this bt;& the Base (;itntract,,or laws applicable to the Confidential .infbrma(iori, CQN' TR:AUI'OR ma) use of disclose. PHI for the propel° management and: adrnirtis;ration of CONTRACTOR or to cam•• out (O.NTit'ACTORs legal responsibil tics if: 4s ,'CTR 14115 Data Usc Agrtetnent V S_2 HIPAA'Onttibus:Compl:ala,:r'ebrua)- 6,1015' Pane 3 of t I HHS Cootract No 2014-044W�5.60 i; (1), Disclosure is R gtli$e lay Law, provided that CONTRACTOR complies wiTh Section 3.Q 1(D) (2) CONTRACTOR obtains reasonable assurances from, the Persgnto wltotri the information Is disclosed thaLthe Person Lvill: (a):'�fairit�+in,the can#idestt>aflty ciftlte Canfidert":al ttzfi�i-n��tt oil ir}.accordar{,.c,;vEth.tlzss l?T.A; (b) t.'se or fur~her,disclose the information only as 12equiret# bv. Lary or -for the Authorized pwose: 6r which it was disclosed to the Terson; Hind (c} tiotify CEtNT'KACTOR in accordance with Section 4,{}l of ally Euen ".QT f3I a.ch of CC onf dential .l pformatioA.._of which the, P andiscovers. or should leave discovered -with the. exercise of reasonable diligence. 45 CFR 16.4.Sd4(e)(4)(iii(B) ( ;} f xc sFpt as otherwise pit ted by ths5;.DUA, CONTRACTOR will, €}` requested by I411S, use Plf to prok'ide clata:algregation Services to IMS, a that term is. defined inthe I-iIPA. , '4.5 C:1 -':R. -164.5U'l and permitted by I�llt?AA 45 CFR 164. 5#4(e) (2) (i) (B) (0) . CONTRACTOR s+ill, on the .terinination or expiration of this T}i:fA-"dr the Base Contract, at its expense.. return to II11S or la strov, at 11II)S4s.election, and to the feasible and permissible by laws. all Con_fi_dential Information.jeceived from I131S of created or rnaimained by CONTRACTOR oir any of G014TI2AC?C)R`s agents or Sabcarltractors on IMSs behalf if that data contains C` Afildq!lw J Information-C'()N]"RACTOR will certify in writing to (Ib. that all the (nfidentint Inforrnat on.: that has been created. receiv d. maintained, used 1),, or etiscl sed to C' NTRACTOR, hasbeen 1)estn�'c or returned to 011.3 -and that'CONTRACTOR and its agents and SIuhjcontrectars,haxe rctainod no copies thereof; NO'twithstandin' the: R)rcoolnf.. C'0191-RACrIY?il ackfiowlcdges and agrees that it iiia}` not, Destro;;an} t nrsfidential Informattcr�t ,f'Ueral or stats: law. or I3l'IS zecord retention policy ��r Iitigation hold notice pro ii its such 13tstrtii tictr , If sus rt return car Oestructiun_is not reasonably feasible. or is impermissihlc bs. law, CONTRACTOR .will immediaely flotifv i II -IS of the reasons, such return or Destruction is not (easiblc, and al rec to ixternd indefinite))- the prsitections of this DLII: to the, Contuterttirl tilrmation and limit. its further wises ad disclosures to the purptyses that rrialte tlic rotor t of the C ontidential InCnrrn,ition not feasible fcsr- tis loiag res Ct) ''fRAC1'C}R l niatntains such C:orifirlential lnrormntipin, 4S CFR 1.f4.S(td(1j E (II) CONTRACTORX0,1-crcaie..rnaintain, use, disclose, (ransmit lir Destri�� Ct7lri ticn`tiai infonriptianin asecurs: fashion that protects against any ,reasonably anticipated th'r`eats of hazards to. the Sedurifyor integrity of such ini"e timation :or unauthorized uses. 4S C "3C 64 306; lfi4 53f1(sj. (Q) If CONTRACTOR transmits, stores, and/or maintains�_t�itfidential Inforfnat;an oil non=l lilS syr tents or ,networks, CONTRACTOR completed the WHS initial Security nssesstlien I at htto•Y/h hscx.litscstat x us •tech default.slitrni to identify and mitigate sdcntifzed risks prior to execution of this D A. CONTIUCTJR's initial securit)- assessment will document security eontrsals within CONTRACTOR`s system that protect I -I1 -I.5 Confidential Information. C'ONTKAC TbR' w°itl comply with periodic security controls compliance assessmcnt and monitoring by 111.15 as required by state and federal law. based on the=type of CC nfidentiat._Inforttiat-ion CONTRACTOR creates_ receives, maintains, lues. ,diselnscs or has -access to.anAu!(d the ori— oL. c Pur _antl level of risk. CCJ TRAC°TE3Rs .security contcots a°ill lte based ori ttie l`iational institute of Standards end, T'cc lirtology (I� lS"I'j. Spc al Publication SUU-53. Cf} "IRAC l C)R_�*�i]I update its security controls asscssrnent whencvcr thele are significant changes in security controls.for H14S C btilidentiai' Information and w�ili peo.vide the updated document jo. liliS` FI {;S':also reserves the ri"Ilit to req udst updates as needed to satN6 state and federal monitoring' requirements: 45 CFR 164306 (R) Cts\TRACTOR vtisil establish,r implement. and maintain altand all appropriate procedixral.f administrative. physical rind tecii€iical. safeguards to (aieserire and tiiairitain the 7i.�-Tfi i?ata t.'s: �'�greemc:rit �.R? ttli'.�;r1 (7innlous C:rrnpi.art,re.6ruarg 5:"GSI � i'aae 4 df 11 i iwais CQntract N'o 2014 -044055 -GO I ,confidentiality, integrity, and availability: of the Confidential Information, and with respect to PHL as described in: the L?L1_PAL_Privacy and Security Regulations, or ether applicable laws or regalations relating to ConfidcntiaL_hifQnrLaCjpTj..to prevent any unauthorized use or disclosure of.Confidential-Informanj on as long as CONIAACTOR. has such Confidential Information.in its actual or constructive possession, 45 CPR .164-308 (04milds'Itative Sdfeguards); 1-44-'.310 physicat sqfgguq.rds)j 164.312 (technicat safeguards) CONTRACTO , It will designate and identiry; subj6ct to IIHS approval, -a. Person or Persons; as -Privacy Official 4.5 CFR 164,531il)('I) and Information Se unity Official. each of whom is '011 and is responsible fb. the develo merit and beh IF of C1 - authorize to act -a CONTM r p mp.16menta,flio'nof Lhe,privacy:and security reQLffrcmenuq in this DUA. 45,CRR J64.3P,8(q)(2) i (T)_ COINTTRACTOR represents and warrants that its Autlibriz ds�ers-earh have a demonstrated Ineed to knowandhavcaccess to Conticf mtial Information solely to the minimutnextent necessary -to accomplish the Authorized: Pur�c put -suaritto this,DUA and the; Nse.Contract, and further, _.p p_ thateach has a d i the,disclostire and uJse11Mitat1_ons'.pC grco a writing be�'bourid 13) rtaining, to the CFR I 64 ConfiLeIL6cont 1 -5, .-S 02; I64;S14(d) al _InfonnaCion contained in this WA. 4 ((;7) :CONTRACTOR.and its Subcontractors will mainWn.,an updatcd, corripletc, accurate and numbered list, of Authorized Users.,1heir sigria[r6reg, tillpisand the,date they igreedto bebound by the terms ofthis DUA, at all Ornes.and supply it to MIS. as directed. upon request. (V) C(,)NTRACI;QR vivill.implenient. update as necessary. and document reasonable and ,appropriate polieiesand procedures lbr privacy, security and Rreach of Confidential Information and an incident response plan for an Lvqgt, or Breach. to comply vN.ith the privacy. securif} and breach notice -ork under the DUA, 45 CFR 164208; 16,4,514(d) vs of this DUA prior to conducting Nk (-W). COWRACTOR will produce copies of its hiforrn:atiob security ant privacy policies and procedures and reeords relating to, the use or disclosure of' Q° nfrkb!ial infort ion received firom. created bv, or received,: used. or d is. closed by CONTRACTOR on behalf of 11,16 for IIHS`s TcvimA and appToval within 30 days M"execution of-1his DDA and up"M request by 1.11 IS, the fialljolving busincss day orotheragreedupon-.(i ef'ramc. 45 &R 1.64308; 164.514(q) (X) . CON—MACTORwill make available tollflS any ib.futmati0fl fills requires to fulfill, ITTIS's obligations to provideaccess to, or copies of, PI If in accordance. with LLI�IA andbierapplicsibtel;iws:git.d regulations relating to, CMfidential Information. CONTRACTOR such intl6n-noition in a tirTl'c and manner reasonably. agreed upon or as: designated b} I he Secretary. or rather 1e.dcra) or state law, 4S CIER (Y) 'CONTRACTOR will only conduct Slecure tr1ah.srinissions of Lonfidentiai JnLQrLnation 14 heth ar inr4l r LTop lit Paper, oral or clectronicArm, A,sc�ute.tran,tmissio.n.,�),fpl'cct Onic CoMidgritial In.[nr-Vjjz motion includes. secure File Transfer Protocol (.Sff P) or Lritryption at an appropriate level or otl ervvisa protected as required by rule, regulationor lax, IVIS ConfiderLtialinforMation arrest requires Encry Oon unless there is. adequate administrative., technical. and physical security, or as otherwise protected as required by rule. regulation or law. All electronic data transfer and: communications of Conrid LaLgCM o will be through secure systems. . Proof of system, media or device securAy andlor EncryL)tiqli must be produced to OBS ni:ilnter,thari .4.8 �hotirs after FIHS's written rcqucst in response to acpmpliance investigation, audit.or the )2�iscover�of an Event or Breach. Otherwi se, requested production Of -Such proof-wPI be made as agreed upon b flic.partics, Information is .a means of sccurity, With. re''e:cl to dawidentificaticn of*, PHL, "secure'" means de.identified according to LfjjP.�A Privacy standards and regulator] guidance.. 4..!.CF)Z 164,312; 164:S36(d) (7)- cox TRACTO R will tornilph k0uh the fb! lawing laws an d si.andhrds if applicable (a the, type of HJiS Data (:seAgreementV,9.2 I I IPAA Omnibus Compliant Februar;A 205 !',age : of II Pf fS Cort act No 2614--044655-001 0 Title 1, ,Part I Qphapter 202,ju chatater_B, Texas Admin:istrative�Code . a The -Privacy Act,of+ 1974; C),W .�tlemorattdwit U7 -t.6;. The FcdeLal lnforiiatis n 5o:­1uriry lAanagcment Act of 2002:-(FFSMA)z. ' 7he;fiealtfi InG trance'Poriability anti Accountability Ac(, of 1 06 (141PA11} 8s d - in the l: -W, - Internal Revenue P blication 1*075 �:TO Information Sec it} Oil I for Federal; State and Local.A"gencies; National Institute of Standards and ` t!chrtology (NIST)S,rjt csal PiF62:tc anon $fit} �G `Revision Ems—,fin; Iintroductoty lZesotnce Guide for. fmol6m ntirg the f~Fealth. Insurance Portability and Accountability Act 041PAA) Security Ruin: NIST ecial Publications _80M'3 and 00-53A..._,_ Recornrnended Sccuri y Controls for Federal Inf*�or'rnation;5wstems.and C)rganizatipns,'as ct rmmtly revised I IS`T Special Publication00-47 ;:- .Security Guide for 'Interconnecting Irzfoirnation Technology Systems; MIST' Special Publication 900-88,Ctjgioicltn Z� lq MediaSan tizatipn� INIST Special E'ublication 800-1-11, C aide to Storage of'-Encrt•:ption Tech"nologics for Eittf User Devices containing 11111; and Any.other Stag or Fad.eral law, regulation-, or administrative tafie re€atim-, to tile. Spec if f3hFS pr r rain area.that C ON.1'RAC'F'f)Ft supports 6rt behalfof,111 ,5. ARTIC ,4 - OREACH :VO T1C , REPORTING AND CORRECTION RFQC 1Rk.NIVNTS 1 section !?ratt . nr !doff. , & 4S CrR 164.40041W (AY CONtTUC'TOR will ofboperate fully with HIJS in investigating. mitigating to the extent prac;ticablc.ane# issuing notifications. diredttyJl b}' FIE 1S, ftir'an�y 1 ti++int or E3rea4Et {l't�on€iticttilk) Ltfoematin to the extent An, in tlernanrtei deferuiined b� f,iFIS: (13) CY}NMACTOR'S obligation begins at .the Discakery of an, Ektnt or F3rcach :site! cbntinues as long as related jaetivity cc+titinties, until all, effects of the Fent are mitigatctl to Fil IS's satisfaction (the "incident response perrod"").,45 G`.Fdd4.404 (C:) Breach Notice", !. rnitial:I;atice_ a For federal information, including without limitation. Federal Tax tn€orrrtattoir. Socil Se acurity A_dministratim Data; and Medicaid Client Infomation. m ithi'n the first, c onsecutivc clock hour tff'I L-gvety,-and fvr all other types. of Confidential information not mole tlrar "24 hours after Discovers,, or in a 0neframe otherwise rrppr61' of 61, X HS rrr rvriti)uiitially mport.to 1111s'!S y Privacy and Security c��cets via;email a.t:.prjY_gq,'cuHEiSstate tx, iroarid IJRS PubtzccrrxRrr 1075; Pig%t?rrc#+ Act. of 1 74, as amend& 'b)• the 'Computer ;Vatefaiieg -fm> Privacy' 1?rnterriarr tier, of 49E8,, S _C'.S: C §_552a,_ -OAA i' a emormi um 07-16 as cit,td HHSCt CM3' Contrays Jttr iMfr�rmatr`ora rtxeltange: G: Report all: infor nation reasonably available to CONTRACTOR about. the 1`zcot_or. ceaeh of thc.privacv:or security of C 6.of idential Inforrnatlow 45 CPR 164.4.111: F�HS";iiata C'sc fi�recrrtLnr ir:;�,� 1t1P,x.;.C)mr'rl;u< ComAliazrt Febrtsac} G.2i1; €'age 6:oF t t MiS ContraCt.NO,M4-0:44-055-001 provide contae-1: i c. Narbe�, an nformatiori to H148 for, C NTRACTOR's single point of contact vyh'o will communicate with `HUS both on and off bisiness.hours during the incident response Period, 2. 48--tiour Forrnkf, N' (ice. N'o later than 4& consecutive clock .hours, after Disco -v, 0 Le —i 'r a Time within which j2i,�qqv- -�y reasonably should have been made by CONTRACTOR of�anlfivt�nt yqL or flrcAqh_of Confi dilljffo atift�', -i& formal not kation td.the State, including all I ' 1 _41#1_ . -tn_ pro',v if reasonably a�vailablc inforiiiation:about the 8vent or R_reach, and CONTRACTOR's ipyesti-gat'ion, i,nciuding, without limitation arid to the extent availableFor' (a) - (m) below. 4S.CFW 164.-400- a. The date thin agt Loi:. j3each occbrrg& b. T tracts r )Lsqovm; hedate of CONTRA TOks and. il'applicable, Su tit2 -c. A. 6rief description of the f,�1Lant or 8 rea i: including WCv it. occurred and who is responsible (or hypotheses, if notyet determined): d, A brief description of CONTRACTOR Isin"Vestigation and, the stalus:zbf the in.vestigition., e. A de§criptlort, of the, types and arnouriv OF -mationinvolve& confiden6al lard) f', Identification of and numbcr of all .Individuals .rcaso ably'lielieved w firstand last name of the , individual and d i f I applicable h 6, Le be arfected, 49cluding -gq!ly:aL8hpi Eqp gq iy�q' last j? - Kqs t�g known address. ago-, telephone, iluniber, and email address iF it is :a: prefe. ed conta6 method; eth W. to the extent,known or can lie: reasonably determined bN C:ONTRAC-YOR at that tirric g, CONTRACTOR's initial risk 2Rsessllell OF the Lml-or eac dvnionsirating tyhcthcr ,individual to other aptices are required by applicable law or this DUA for III IS approval. including, all anafysis-or whether there is a lowl probability of compromise sof the (,()nf dint of tVhether any legal exceptions to notification apply: h-CONTRACTOR's recommendation for UJIS's approval as to the steps hiLlyLiddaN 'andior. CONTRA("PUR- on IndiNidUals, should take` to [JrOtect .1he hidi'vi . d1ill", rroln potential harm. including.ivithout linlitatitin CONTRA(�TOR's provisio - n-pfrimilications. credit protectioll, claiins morlitoiing, and,any specific protect6m, J'(ir a j. rl -4,411Y-6AJ11144e1— JZ -Iatkc-io take onibcliMfol'an LrLd dti i ctiith-special capacity c)reircut stances - i. The sic - steps C NTRACTOR, has taken to mitigate [lie harm Or potential hann caused without fimitation the prqvision of, sufficient resources. to miti . gate). (.including. I ding j. The steps CONTIRAC]"OR lies taken, or take., to prevent or redtjcw the likelihood of recurrence cp, 4imilar f,��prij or Breach, I k. ,'dent"', describe bit estirnateof the -actor. - Ind y.duals and an,, Persons qj�L�, �k�rk—fo�cc: -Su-bcor, ' tf or --l"JI-j- — taw-etiforcement that may be involve(] in the Evcni or ac 1. A reasonable -schedule for'CONITRACTOR uoprovide rcgular updates. To [lie foregoing in dic future for response to the Liv—em or Breach. but no iess than even, three businessoras da� othciwise directed by WIS. including, information -about riskellidnuuions. repoijil-m" noti5cotioll, if any, mitigation, con-ective action, root cause anaivsis and \\hen such acovii' be completed; and tes are expeewd to nm Any,reasonahly.avai fable. pertinent informaltion., documents or reports, refamd to an 1,1cill or Breach that MIS requests f6flow-ing Discoverv. IiIIS Data L.'se Agreement V.S.2 I lIPAA Ginhib0s, Compliant FEbruarN- 6.-20 15 Pagc -1 of I I HHS:Contract :No 2014.0,44035-001 Sectiott_4"Q Investigation, For;4-F ba/dr'v 45 CFR ,64,308 31# and.312 (A) C:t ji\'f RAC"rO R1 u ilf itzunediatety' coiicluct a ft Cl and complete .investigaticin, respond to. the 1,>gttt ,(Ir Ljy�h,' commit necessary: and appropriate .staff and resources'to expcditiously respanc3 and report as required to and by til IS for incideizt response purposes and .ior purposes of 11115`s compliance, with reppri and notificatior:- requirements, to the satisffictior.'.oflff3S. . (,B) CONTRACTOR will complete: ,or participate in a risk assc3sment'as, directed by III IS following an FYent'. or Breach; artd provide the final asscssmcnt., corrective actions and mitigations to MIS Pert review and approval. (C) CONITRACTOR. Will fully cooperate with 11115 to respond to inquiries `8nd/or proceedings by state and, federal authorities, Persons _aricllor :ladividu is,;about the :lent._, or breach. C()IYiRACT'UR WNI €tall'coo crate > 'with HFlTs cf'i'orts`to sock appropriate injt,itctiYe relief or, athertx:ise prevent or curtail such lQv_gLor S3reatili, or to recover or prtrtect any GotzP%denttal,lnfcinrzatictn, including complying wilhr rea'.sonahle.corrective act atz o- measures, as speciPaed'hy J FfS. in a C:orreetive Action Plan ii directed liy:111IS under rite Base. ('ontrai t. �03 Breack Notificatian to &d„an`rl Roo) -ling to rirrthori"Ciet". Tex. Bqs. comm. Code §52, j53; 4S CFR' 164.404 (Irdi idrwl ), 1".406 (Medica); i'61,408 (AutfioHi es) (n} 1'IFiS' may direct CONTRACTOR C)R to provide.. Breath notii atiora. to ltzdii tdtlal4,. regulators orthird-panics, as speeificd by:1 it{S fallowing a lirtac h, (B) C'ONTRACTCOR. must. obtain 1{115'x,prior ztiriktcn approval or the time, manner and content. of any notification ;to Iuals, regulators or fhird_p'arncs, or, any°. nvticc required by other state -or federal authorities. Notice letters will be tri: C-t).lu`1'1ZAC i'(}R`s. !zarne and on C ONFIRAU17OR's letterhead- unless otherwise directed h MIS, and- "wt`Il contain contact infbrmarion, iirctudirtj;; the name and tide lof C.'ON P'R CTOR s representative, an email address and <a toll-iree:,telephone nurriber•, for the Individuaa to obtain addidowl inPorr atittn. (C) CONTRACTOR dill proN,jde. 1111:5 with ccaptes :of distributed and apptc>ted cotnmun icaticzris. (D) C()NTRACT'UA-will have the burden of:dernonsiratittg,to the satisfaction of`111IS that any notification ;°required by Irl};S was timely made...If there are del$}s outside of Coo I RAC711 OR's ,control. CONTRACTOR will provide WHttert documentation of the reasbns for the delayt. (F'} If )IRS delegates notice requirements to CONTRACTCOR. fiIIS: sltali in t1tc: time area manner reasonable requested hv ({,1NTRAC"'lOR, cooperate and "assist with (.(}h'i RACl` )RIC : - information requests.in order o make such notifications -anti reports. ARTJCLI� OF WORK Scope of 'fork means the: servites and deliucrables to beperformed ormed or provided b C'QN'l R CTOR, or on behalf o:f CON C~ ACCMR by its Subcc ntracttors cr agents for I.fHS drat are -described in dctai? in the Base Contract. The Senpc of. SA'jrlt: including ar y fbwre.arnendments thereto, is incorporated.' by reference in ihi IOi;A as if set czar word-f<zr-ti>ord herein. ARTICLE 6. %GR.NFR.A:t.PRovis(oN.� a P of COtzf1dznti1W'1)zfOrn2 I tian., i�'.ONTRACTOR acknowledges and Agrecs-that'ihe Confidential lnfi4-TPqt-iO is alld will remain ain the- Oroporty of HHS: -C )NNTRACTOR agrees it abquires7no title or tighfsto theCan ftnation, I HHS vvill not request CONTRACTOR, to create; rnaintaln,, traosrni�, use or disclose P1111 in anv manner lilac would not be permissible under �� li-qg!Ljqjqy�,;ifdone by 1111S. 1 HHS Right to'InVaction - at Many time upbri.,reasnnablenotice to CONTRAM'OR, or iNIHS determirm sthi CONTRAc',rm hasGiolatod this:[)U/k; fill -5, directly or through its ag nt, %611 have•ihe right to inspect thefacilities; systems, ems, books°and records with this QUIA. For ou f this rpses 6 Subsection; FS's agenks) without 1iMitatioh, the [116,0FficeofthcInspector Generator the tlffice 7bis DUA Will, bo'elTbotive on the date on i hiclt CONTRACTOR executes the D M 'A. and Will terminate ate, upon termination of the Ba ontract and as sa toi t herein., If the 13as& (:ontract i, ;amen dod,;. this l)(: A is updaied automatically concurrent VA"itth such excc nsionoramenda*11t, jllav7i m , m ediatch terminate this on <ifD0,A-andS4§e Contract upon a qlateriai Jolan th is, DUA. (13) ermination or r pira tion of this. DL)X will not r0le-vd, CONTRACTOR of i is oblig 'a;ion to return or Dcstrov the Cot alL��ion as set f�rth in this DUA and to co safeguard the —1164-1 1 ,68 — plinoc to, Copfit'e#itial Itiftinnation until such 1fnnc tis determined by I INS. (D) 101`14S.-deterinines that CONTRACTOR has_-iolalcd a material icrin of this DUA: I fJ I& may in, its sole discretion-. 1', Exercist any of its rights including but no, lit6itcd, to rep ,orts, access and insppction under ibis DUA andior the llpc Coritmel. or 2, Require CONTRACTOR to Sbbrnh to a pfan. inclu -ding i plan' for .monitoring and plan 1lor-rep.011ing, as HMS may determine :ries cssar,} to maintain t arrtp'Iianec .with this DC;A* or 3. Provide. CONTRACT)R with a. reasonable pqriod.t Q cure the violation as rlsteirttirted or C Terininate the DUA and. Base Contrai t e immedi tly7 and, seek: relief in a coui -t of mediately? C.PMpetentjurisd16tJon in Travis, CpunN-- Texas., Before exercising any of these options. 1118 kill providt v�rjtlen no CO,\ !TR ACTOA. describing the violation,and the:,acrion itintendsto take, '(F) If neither termi . ne tion Por cure is feasible. 1:11 fS shall report the violation lo:ihe Sgqcttarv, (F) The duties of CONTRACTOR or its Subcontractor under r rhis D1.'A survivc the expiration or termination of this DUA until all the C-_onfjdcndgLjjLLo. �.gtiqjjjs Dostro_yed or reful-ned to HHS, as� requi red, b� this DUA. HHS'Data Use Agyecmencv,81 HIPAA Omnibus Compliant Febwy6,20 ; 5 pa' -t 4 of I hm Conti-act,\o.2bzj4x044055'-(f(YI: sit gfj2p fi.05 Governing Law, Venue and Litigation (Al 7'he-validity� con"stiUctitla-and perfoj�manceofthis DLIA.a.nd'ih.e,le%zal.relgtiorts aWon g, the Parties to this DGA.will bigov6ted by,and'coristrttedin- accordance with the laws of the State p,f Texas. "MePartids-a' ethat the court's of Travis C6tmty,.Tc;xP$, -will be4hcc'xcJusiYe,,venue for gre any litigation, -special: prddeed:ing or I oilier prodd6ding as between the Parties, that may be hrought, or arise,, ouvof, or in connection with, or 6y reason of this, DIJA. S1di2A_0& Injanefive Relief (A) CONTRACTOR acknowledges and agrees that HHS may suffer irreparable injury if CONTRACTOR or its,Subco actor fails to comply with any of the terms of this DUA with respect to the Cortfdential I forMa_tion or a provision of NIPAA.or other laws or rtgUlations applicable to (0) CONTRACTOR further agrees that monetary damages inaybe ina.d.Cquate to compensate THIS :for, CQNITRACTOW,5 or its Subcontractor's failure to, comply. Accordingly, CONTRACTOR agrees, that Lil IS will_iri acddi(ion.tp::'any other remedies avail6le W it at law or in equity, beentitted to seek injunctive reli With put pasting:. a bond and without the necessity of -demoh§tratip g actual damages, toeftfbrte thelehms of1his DUA. CONTRA(70R xi, indemnify detc I and hold harmless Iif 1; and its resoectiv E.-,,,,ccutjvc Nmmissioncr. employees: ilidef Ys- It9li .:1includ'ing other state. ag icie's acting.on be 't' I ii 3S) to ,r mem ers its Amp rdc (each ofthe,�, -goin - hereinafter r( efe to as "Indicinnifie'd A (V ottic b of 9 parties tes "a .1 los ut ity to tbli-d parties � A t all actual M14 direct loms ufferad by unified Party and all Ii Uri, from t in connection with any bre h 6ft'hit DUA.or to any acts oromissi0v. related to this DU�A (.0N1kX(-'TOR or its, yods -R)W—M or its, plo di °c tors, officers. 5utf:i_ _t ms, or agents *or h r It. c members . of' its Wforkforc ic cult} 0 i -I ticnirl.i.,Y. 00 0 arid hold bannIcs, itidepc-.1dent of t1lu 11bry 16 insure arid c . ontfrtu,cs e'o a ly"even in Lite event insura -c covcrac rcquired. any, in the DPA of ­iasc Contract is 'R will '0' vvil denied." ic rights are reserved by , n irlRiraiicc carrier on demand, CON, 1 ACI lillursoe� I CIIETS fo r, �and iiii losses. liabilities, aq profits. fines., licn., res. costs or expel (including uding ex liable attorneys' f which may for any reas— bc, imposed upon an delmlit rel )s fled PArty by cason of an): st claim, �action, pr6, ding or demand by any ird ppnv to the extent, used by and whin results from th NITR,4 V 'lure to meet any of its bligations—under this :A, C0PsFFRAC OR's' obligation defend, inddnini�fy a l hold harmless any Ili, nified Party will stiryive the expiration Or €eminatio'n .a# is DUA. (A) In addition to. any Insurance. required' in the Base C6qfl-Acl.t. at HKS's option. HIM may require. CONTRACTOR. to maintain, at its expense, the special ataior M S'. `custom first- and third -party p p insurance coverages, including -without limitation data breach. eyber liability, eriinc 'theft and notification expense qbvcrgts.Witl frolic' lirbit�.sufftcieitto:overatviia.biliN:AtisinAuid et thisDUA_ naming the State of Texas', acting. through IMS. as an additional'named. insured and loss payee, -.,Yithc primary and cion -contributory status, uti,ithrequired insurance coverage. bythe Effective Date, orasrequired by IHS, (8) CONTRACTOR will provide MIS vvith written proof that required insurance"coverage is.: ineffect t, au the request of lil ls. 1114S Data Ulte Agreement V'8'2 111PAA, t)myiibus.Coinpliatit-F.ebi-uar, 6.1.2015 Pa.& 10 of'.1 I 214S. Contract No 2014-044055-00) Pees.dafd;Costs E ; ept as otherwise specified:in.this UL`A or, the;i3ase Col trac€,<ittelttding l?ut not limited to- re.uirements-to insure andlor indctrnifp.YXHS, if'any legal action or ather,proceeding,is brought for`tf e enforcement of this DIA, or because of an alleged dispute, contract vioJafan, Event: Breach, defatilt misrepresentation, of irijunctive'action, in connec€ion With any ofthe provisions cif this t)L'n, each party will bear.theiz .awn legal expenses and the other cost incurred. in that action or:proceeding. tats 6;x(6 Ent mi-ty of the Contract This Data Use -Agreement is incorporated by reference into the Base Contract and, together with the- Base.Corttract; t imstitut' the chtire:a&reement between (lie -parties No, change, watver, ter discharge of obi igations.arising under those documents will be,valid�unless in valtingand executed by the.partyagainst Whhmni such change, waiver, or discharge is sought to be enforced. LeLtIanjUl Attiomatr"tAmendment and, Interpretation Upon the eMcdv' a date of any amendment or issuance of additional regi lations,to;HIPAA, or any other,law applicable to,Confidential Inf6rrhation, this DDA will automatically be an-wmded so that the obligations iml>osed an:I4HS and/or t;ONTRACTO.R.ramain in compliance with. such requirements. Any ambig�.tiry, in ihis DLJA will be resolved in favor of ine6o4 g that. permits IMS and:C.ONTRA CTOR to comply %. vif MOXA nr an}. other law applicabic ta;C'errrfidcntial Information: ARTICLE 7.- Au_TitnRrTY`To, FvxEE *UTE The`l�artics laave`.ezecuted this l.)tltt+ itt theft capac t os as Ota€ed.:belctyc° vvitli authority €c> bind their organilat'ions on the dates set %rth'b}^ their Signatures. IN WITNESS HERE04 HH8 and COMRACTOIL have each caused this DI 'A to be. sighed and delivered b} its ct.uly autharizcd.represut f ti 'c: TE, s .l;- EA r" A..NDA4v)4A'N SERVICES CONTRACTOR OR NAm E: NAME. Trrr c, DATE TITM ITATF;_ c TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: April 28, 2015 REQUESTED ACTION: Council consider a resolution authorizing the granting of six (6) Pipeline License Agreements with Enterprise Beaumont Marine West. L.P. BACKGROUND Enterprise Beaumont Marine West. L.P. has requested permission to install four (4) pipelines and two (2) utility conduits. The first pipeline will be a 36" crude pipeline which will cross a 20" water line within TXDOT's West Port Arthur Road Right of Way and both a 12" and 16" sanitary sewer line within Union Pacific Railroad Right of Way on West Port Arthur Road. The second pipeline will be a 30" crude pipeline which will cross a 12" water line on the west side of US 69, an eight inch (8") water line on the east side of SH 347, and a two inch (2") sanitary sewer Force Main (FM) line on the west side of SH 347 within TXDOT Right of Way. The third pipeline will also be a 30" crude pipeline which will cross a 12" water line on the west side of US 69, an eight inch (8") water line on the east side of SH 347, and a two inch (2") sanitary sewer FM line on the west side of SH 347 within TXDOT Right of Way. The fourth pipeline will be to install one 12" process water line to be used for the two (2) 30" crude pipelines that will be crossing a 12" water line on the west side of US 69, an eight inch (8") water line on the east side of SH 347, and a two inch (2") sanitary sewer FM line on the west side of SH 347 within TXDOT Right of Way. The first utility conduit is a four inch (4") that will cross a 20" water line within TXDOT's West Port Arthur Road Right of Way and both a 12" and 16" sanitary sewer lines within Union Pacific Railroad Right of Way on West Port Arthur Road. The second utility conduit is a four inch (4") that will cross a 12" water line on the west side of US 69, an eight inch (8") water line on the east side of SH 347, and a two inch (2") sanitary sewer FM line on the west side of SH 347 within TXDOT Right of Way. There is a one-time fee of $500 for each Pipeline License Agreement. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to grant six (6) Pipeline License Agreements to Enterprise Beaumont Marine West, LP, substantially in the form attached hereto as Exhibits 'A," "B," "C," "D," "E," and "F" to install four (4) pipelines and two (2) utility conduits. These agreements are described as follows: As described and shown in Exhibit "A," being a 36" crude pipeline which will cross a 20" water line within TXDOT's West Port Arthur Road right-of-way and- both a 12" and 16" sanitary sewer lines within Union Pacific Railroad right-of-way on West Port Arthur Road; and, As described and shown in Exhibit "B," being a 30" crude pipeline which will cross a 12" water line on the west side of US 69, an eight inch (8") water line on the east side of SH 347, and a two inch (2") sanitary sewer Force Main (FM)line on the west side of SH 347 within TXDOT right-of-way; and, As described and shown in Exhibit "C," being a 30" crude pipeline which will cross a 12" water line on the west side of US 69, an eight inch (8") water line on the east side of SH 347, and a two inch (2") sanitary sewer FM line on the west side of SH 347 within TXDOT right-of-way; and, As described and shown in Exhibit "D," being a one 12" process water line to be used for the two (2) 30" crude pipelines that will be crossing a 12" water line on the west side of US 69, an eight inch (8") water line on the east side of SH 347, and a two inch (2") sanitary sewer FM line on the west side of SH 347 within TXDOT right-of-way; and, As described and shown in Exhibit "E," being a four inch (4") utility conduit that will cross a 20" waterline within TXDOT's West Port Arthur Road right- of-way and both a 12" and 16" sanitary sewer lines within Union Pacific Railroad right-of-way on West Port Arthur Road; and, a four inch (4") utility conduit that will cross a 12" water line on the west side of US 69, an eight inch (8") water line on the east side of SH 347, and, As described and shown in Exhibit "F," being a two inch (2") sanitary sewer FM line on the west side of SH 347 within TXDOT right-of-way. ;and, BE IT FURTHER RESOLVED THAT these Pipeline License Agreement are for the purpose of transporting refined products and the pipelines are to be constructed in compliance with City requirements. 2015. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of April, - Mayor Becky Ames - CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: Enterprise Beaumont Marine West. L.P. Business Phone: 7713 381-8368 Business Address: Attn:. Marc Tausend, Land Department 13.12, 1100 Louisiana Street, Houston, TX 77002 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $500.00 for the 36" Crude Pipeline crossing West Port Arthur Road hereby grants to . Enterprise Beaumont Marine West.. L.P. hereinafter called "Licensee", the license io lay, maintain, operate, replace, or remove a pipeline for the transportation of oil, gas, water, or their products, on or across the following property situated in the City of Beaumont, Jefferson County, Texas, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Street Name or R.O.W. Description Length (Linear Feetl West Port Arthur Road - east side in UPRR ROW -12"&16" sanitary sewer and 20" water (no ROW) 1 EXHIBIT "A" COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: o License Agreement fee - $500.00 o Annual fee of $2.25 per linear foot ofpipeline located within City property. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the Engineering. Division and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: o Licensee does not intend to sell product for resale from the covered pipeline to. customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. o All pipelines crossing public rights -of --way shall be bored from right-of-way line to right-of-way line. Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. o The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. 1-1 2 The. pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural - drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working - thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. o Operations along roadways shall be performed in such. a manner that all excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line. o Barricades, warning signs and lights, and flagpersons shall be provided by the contractor or owner when necessary. Only under extreme circumstances, 'as deemed necessary by the City Engineer, will open cutting of a street or roadway be allowed. All barricading must be by permit and approved by the City (Public Works Department) in advance. o Any construction which takes place in, on under, above, or across property not owned by the City shall require additional permission by the _,_owriq s). oft q.property involved. Written, proof of said permission is to be provided to the City as partof the application process. Approval of this license agreement excludes permission to do any construction on property which is not owned by the City of Beaumont. 3 o Any licenses, permits or agreements required by another governmental entity (County, State or Federal) shall be obtained and a copy of such document shall be provided to the City. If agreement is not required by said governmental entity, then documentation regarding such will be provided to the City of Beaumont. o Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. o Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. o A map showing the location of the proposed pipeline shall be provided. (1 "=2,000' City of Beaumont map or United States Geological Survey Map) o The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to any City streets, alley, easements or other property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Public Work's Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all he notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. o The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. o The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City and/or the Texas Department of Transportation. o Permits which allow lines to be maintained or constructed in City right-of- way shall be obtained by Licensee or it's contractor prior to beginning maintenance or construction. The fee for such permits is in addition to this License_Agreement..fee. (See ,Cost _of License)_.... Installation will be done in accordance with all City standards and statutes of the State of Texas. 4 REQUIRED COVERAGE: o Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: o Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident o Property Damage: $1,000,000.00 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. o Licensee shall have in force with the City a surety bond in the principal amount of $1,000,000.00. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall provide that it may not be cancelled, altered, or otherwise modified without giving fifteen (15) days prior written notice to the City. The bond shall be good and in effect for a period of one (1) year from the date of completion of construction of the pipeline. o Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. o If the pipeline or any part thereof installed by Licensee shall be in any or employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: 5 Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damage or injuries so sustained by it; however, said conditions shall not prevent 'Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION/MAINTENANCE WITHIN R.O.W.: o City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the R.O.W. involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the R.O.W. involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Department of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate the responsibility of the person(s) requiring the lines to be relocated. o City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor_or third party_who . may.be responsible for damages to Licensee's facilities. 2 o Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction of a new street or highway along or over said street, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is in a City street, alley, easement or other right-of- way. NOTIFICATIONANSPECTION: o Any and all work to be performed on City right-of-way (R.O. W.) shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. 0 Licensee shall provide the City (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. o Licensee shall notify the Engineering Division at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. 7 SPECIAL CONDITIONS: Nonassi able This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty (3 0) days prior to the termination date therein specified. 'Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name -of Licensee: Enterprise Beaumont Marine West. L.P. P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: 1100 Louisiana St. Attn: Marc Tausend Attn: City Manager City and State of Licensee: Houston, TX 77002 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the City Engineer. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. 8 n Commencement of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of , A.D. 20 CITY OF BEAUMONT, TEXAS By: Kyle Hayes, City Manager ATTEST: City Clerk APPLICANT'S COMPANY NAME: (Licensee) Enterprise Beaumont Marine West. L.P. Represented by: Marc D. Tausend, as Agent and Attorney -in -Fact Title ATTEST: By: Secretary \pipelines\\pipeline license _a gree 9 Revised 12-14-2007 CITY OF BEAUMONT \\ r•y JE•'MRSON COUNTY. TEXAS fi✓vr:�h���?j�� S' ., / 'v .�:'. �1 vly`'A . - a' kf yt,1• 92 i T•^ :�� �,yp' ,� qty \ PROPOSED Project LN35-05 PIPELINE Locatloy,) ; L1'd :�,.�'_ ly a0 \ L S `�4��'ur;"—' (y�• �YG at of Beaumont �2t^ is It scale 1"=1 mile GOROSSING WATER LINE i t2 A S CROSSING A aRY SEWERS m i q PROPOSED 36" N� y, LN36-06 PIPELINE \ 'ypYri^e it m PiPE[INE CROSSING � EXIST, f 6 N7T Si•'RRR 1 3. RAST OF RAY 93 AND II P R R E:3528063,06 COYER 46 t ` `1 ng 03tanld PIPELL4E CROSSING \\ �Bl l� y 7Ci4T Iz' SANITARY SERRR OILTANKING BEAUMONT PARTNERS, L.P. BAST OF R1fY 93 ANO U P R R 9 _ 0't G E:3 28068.49 COVER 46't CITY OF BEAUMONT U ILITY CROSSING PIPELRiR eRossRZG PROPOSED CRUDE OIL EXPA SION PIPELINE SYSTEM kxlsT, zo"' AATRR UTNE CROSSING HWY. 93 (W. PORT ARTHUR RD.) (2) SEWER LINES & (1) WATER LINE 3 RAST OF RAY 94 AND WEST OF U Y R R HORIZONTAL GRAPHIC SCALE o' CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS r 200 10D 0 20D 400 600 feet 0 E:3627999,46 com 4e'� OFYlCC1ACAT1aN5: nNc°o��"oz' `re DRAWN BY: PK SHEET: OF I _c_=-� CHECKED BY: DES II SCALE :1'=200' r Q" Po1 eNO�VS1aN>=ACLL?Y-'1Z _ ° Morr3s P. Hebmtti" uc.s ,°,n,soma m¢mwnY. APPROVED BY: -- DATE: 01/23/15 B 1 23 5 ISSUED O HOOSTON,tE%AS.RO>4 ICAD FILE: 11923-01.DWG s NO. DATE REVISION 8Y APP asaawlormm�sn 14n JEFFERSON COUNTY, TEXAS PLAN i6f PDATE:RELIMINAR :Y] o2/13/is 66 gang g 9 tt 1111A 6 OILTANKING BEATMONT PARTNERS, L.P. alI I M -I M yl Ifl ITMut ........ .... MW ... ....... .... ......... ...... ... .. ...... .. 09409 99409 994Po 91490 93+99 52+w 01499 PROMLE PDATE:RELIMINAR :Y] o2/13/is 66 gang g 9 tt 1111A 6 OILTANKING BEATMONT PARTNERS, L.P. CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON - § Business Name: Enterprise Beaumont Marine West. L.P. Business Phone:__ 0713 381-8368 Business Address: Attn: Marc D. Tausend, Land Department 13.12, 1100 Louisiana, Houston, TX 77002 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $500.00 for the 30" Crude Pipeline crossing Hwy 69 & Hwy 347(A) Enterprise Beaumont Marine West. L.P. hereby grants to hereinafter called "Licensee", the license io lay, maintain, .operate, replace, or remove.a pipeline for the transportation of oil, gas, water, or their products, on or across the following property situated in the City of Beaumont, Jefferson County, Texas, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Street Name or R.O.W. Description Length Linear Feet) TTS 69- west side in TXDOT RQW-12" water (no R(1W) SH 347- east side in TXDOT ROW- 8" water (no ROWI SH 347 - west side in TXDOT ROW - 2" sanitary sewer (no ROS) 1 EXHIBIT "B" COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: o License Agreement fee - $500.00 o Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31, 2011' and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the Engineering Division and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply -with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: o Licensee does not intend to sell product for resale from the covered pipeline to. customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfally required to do so, pay a street rental fee based on revenues. The - annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. All pipelines crossing public rights-of-way shall be bored from right-of-way line to right-of-way line. Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. o The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. 1-1 2 o The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. o Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working - thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. o Operations along roadways shall be performed in such a manner that all excavated materials will be kept, off the pavements at all times, as well as all operating equipment and materials. All property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line. o Barricades, warning signs and lights, and flagpersons shall be provided by the contractor or owner. when necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a street or roadway be allowed. All barricading must be by permit and approved by the City (Public Works Department) in advance. o Any construction which takes place in, on under, above, or across property not owned by the City shall require additional permission by the owner(s)_ of the_.properiy involved. Written proof of said permission is to be provided to the City as part of the application process. Approval ofthis license agreement excludes permission to do any construction on property which is not owned by the City of Beaumont. j 3 Any licenses, permits or agreements required by another governmental entity (County, State or Federal) shall be obtained and a copy of such document shall be provided to the City. If agreement is not required by said governmental entity, then documentation regarding such will be provided to the City of Beaumont. 0 Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. 0 Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. A map showing the location of the proposed pipeline shall be provided. (I 11=2P000' City of Beaumont map or United States Geological Survey Map) 0 The pipeline shall be niaintained and operated in such a manner as not to leak and/or cause damage to any City streets, alley, easements or 'other property. Once the pipeline is in operation, any damage that 'occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Public Work's Department. ent. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects 'are to be repaired immediately by Licensee at it's own cost. The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. o The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City and/or the Texas Department of Transportation. Permits which allow lines to be maintained or constructed in City right-of- way shall be obtained by Licensee or it's contractor prior to beginning maintenance or construction. The fee for such permits is in addition to this License.Agre.ementfiee. (See ClOst.of License) Installation will be done in accordance with all City standards and statutes of the -State of Texas. rd REQUIRED COVERAGE: o Licensee shall fiirnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: o Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident o Property Damage: $1,000,000.00 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. 0 Licensee shall have in force with the City a surety bond in the principal amount of $1,000,000.00. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall provide that it may not be cancelled, altered, or otherwise modified without giving fifteen (15) days prior written notice to the City. The bond shall be good and in effect for a period of one (1) year from the date of completion of construction of the pipeline. o Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. If the pipeline or any part thereof installed by Licensee shall be in any or, employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: 5 Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for *any such damage or injuries so sustained by it; however, said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION/MAINTENANCE WITHIN R.O.W.: City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the R. O.W. involved with this license. .1 Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the R. O.W. involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its hues within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Department of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate -the responsibility of the person(s) requiring the lines to be relocated. - City reserves the right to lay, and to. permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or propeir by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood, that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any Qontraqtor2Qz-tbiKdp.arty-wkq.may ,bq responsible for damages to Licensee's facilities. R o Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction of a new street or highway along or over said street, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary. by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is in a City street, alley, easement or other right-of- way. 11 NOTIFICATIONANSPECTION: o Any and all work to be performed on City right-of-way (R.O.W.) shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. 0 Licensee shall provide the City (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. o Licensee shall notify the Engineering Division at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. 7 SPECIAL CONDITIONS: Nonassi ng able This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty (3 0) days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name. of Licensee: Enterprise Beaumont Marine West. L.P. P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: Attn: Marc Tausend, 1100 Louisiana St. Attn: City Manager City and State of Licensee: Houston, TX 77002 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the City Engineer. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. 8 \ Commencement of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of , A.D. 20 CITY OF BEAUMONT, TEXAS Kyle Hayes, City Manager ATTEST: City Clerk APPLICANT'S COMPANY NAME: (Licensee) Enterprise Beaumont Marine West. L.P. Represented by: Marc D. Tausend; as Agent and Attomey-in-Fact Title ATTEST: By: Secretary \pipelines\\pipeline license agree 9 Revised 12-14-2007 CITY OF BEAUMONT . RIMERSON COUNTY TEXAS •Ii rOA > ?0 '60 '., Prokat . 7. y�i i Vicinity Map SC010 1rr=1 R1118 PH>fiL1NE CROSSING FRIST WATERWNE EAST OF HflY 947 'AY/ Ef 3534853.44 COYER 83.02' /I / D E353486i.30 COVER09 19't00.0 r •3534859.02 COVER 83.02 / '.#r._ PIPELINE CROSSING EXIST SERER IM WE51 OF RR7 347 F ` D_ •3 0 19 9't 534 32.38 COVER 03.02 f tp \ Y R A 0 N D E F n y i/ 3#'GNe dR)s Nps O O 9 � 4NF •1i \ PROPOSED 30" LN30-05 PIPELINE ro;yp� ` PROPOSED 12" LN12-12 PIPELINE 1©sy E - .c. 9.9t /, G Et 3s34740.45 COYER t00.D3 m �\ .s PROPDSED 30" LN30-Oi PIPELINE >yoS .C. 9.N' f `\ G F Ev3534748.88 COYER 83.02' Ay 3- \ MUM t'ROSRR4G EXIST WATERLINE WEST OF HiTY Woe yf/ %G� `1G T �2Fi�}�y0'Ah E: 3534173.44 COVER 40.31 N _ .c. 9•t yf \\\�,, L/ ai+ s, `S`O ���L" 0G4i E:3534 79.00., COVER 44.80 �, hOO2 GJs oG •pq 9 N.C. 1.9.9'4: 'Y I E:3534184.88 COx0.31 �Yf �O 2Q �fq on KIP �s 011#{N$dng OILTANKING BEAUMONT PARTNERS, L.P. CITY OF BEAUMONT UTILITY CROSSING PROPOSED CRUDE OIL EXPANSION PIPELINE SYSTEM HORIZONTAL GRAPHIC SCALE CROSSING HWY. 69/93 AND HWY 347 & (2)WATERLINES & (1)SEWER LINE 200 100 0 200 400 600 feet CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS • aU eF CHECKED BY. DES II • :1"=200' Morns P. ReL9rt�Inc, WWI$QMIWT—e AY. APPROVED Y DATE01/ /15 nmuR.uvuxnman+�.wur">rxm,.•�uru. u• -.r. su Emo A 01 15 15 ISSUED FOR ..K aiia°ria'.inoeTnw�iih, _ _-.._._.. �,�„ CAD FILE: 11925-01.DWG b —u 2.0 -a. ¢Dat •�'•`, ,..t, {tI •.. .a,lpp;_ -. .�+.'.:t,{1 ,uDueo6—ulf�aDcxi¢se iyt ) 77f`4f�x5� yYsff,X,:4 lr" c- - v ., wry a• F •fl . _+"f_ S 3,y1>jt iat a. .. '"J' r.c� uqusoino^iws°8�..�y.,r....S tl. 30 vm°ncDt 6:um6c'swc E L� � � � � d g 9g7 3rf98 23 Y � H � S� h it f[ .•S '�`i S£u�-S7 Yhjj{{ �+ # $ g �rDT�J 8 d R y�� q y ep �i jp y y y y �yh.�yag b k3 b h e h w b b k &p Rn q D� hh b, h�k tl ae k a~ d 1 P fig C D 1111111 D C RDAaW 8 PW PN R AW 9 a W-OSR 0 RR W Ila W $ n $ $a s a$a$ a ..a .ss aa.: is a a dFfi € as rr= � € � ............... . ............ . • •59400 .6NOtl 01400• • 02400 4 400 O,i00 6a10q 06100 0]400 60400 ♦ I—D ]1400 13100 ]0400 ]NOtl 1N00 i0t00 >1400 10. 1.100 —00 0141D 03400 8,400 0,4op ON00 0400 0100 ON00 W. 3v - v }YtN a g0' -O5, 2566 V. HD0 POP. i0•-01 LH. 1{.e L{'. !DO MR•WAThYN p>Q• p„ ,o -o» pru �oow'. v]roaa,tass. Tta+m+tt2o9.sa, a .am'aa' PNDPOSCD 7Y-13 Pft. h 2' t@PE U1fUtt tASCT Ft3CAED PROPGAD 70'-01 AND W—W FAD DWALLAltOti ©a-• n4 _ n Axoius:aDOD.w•12accm:4lDfie. nxcu++rxo9.ro, a oecvoD- 8ngq:.0" •^-ma Rwuma0w.o0' , 41Acm:,Is.eS'. tulcDlc2o.,1a', o- oaW'DD' W 4- UTIUTT CONDUIT HDD WSTA G( (HOD PR0 = AT SANE EIEV. W/2D PT. HMZONTAL S°ALINO) ,. p, 50- n,+ ma AAOIufi<—w , L6.Wm:H8.0', TxNDDrt:209.].', o- 00tl0'aM u` ,y��}n� 21 AMN5:120800' , 1TN00Ct60.a5, TANCENT.810,', tr 08.MOY et - t MI0st200.WY, t0+01�Ct61S5. Tw0O0:eS91'. b 08UC00• nd� IT nu 1> t 0u tx to A LEGEND: - REFERENCE DRAWINGS REVISIONS APPROVALS4*2i"�'' �e.w., ., m. .D DD�nA.Ann —1 DRAWN DNK APPR _ -P9 A. P. ii.b w Imo, OILTANI{ING BItiAUMONT PARTNERS, L.P. . • :. ��� �aoe n m "®mm � Mm a�.��r�I�I�Ii�I�ms� CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: Enterprise Beaumont Marine West. L.P. Business Phone: -(13) 381-8368 Business Address: Attn: Marc D. Tausend, Land Department 13.12, 1100 Louisiana, Houston, TX 77002 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $500.00 for the 30" Crude Pipeline crossing Hwy 69 & Hwy 347 (B) Enterprise Beaumont Marine West. L.P hereby grants to hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove apipeline for the transportation of oil, gas, water, or their products, on or across the following property situated in the City of Beaumont, Jefferson County, Texas, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. i Street Name or R.O.W. Description Length (Linear Feet) US •' • • X -D• :•. •• :•.1 SH '7- cast side in TXDOTC• w, •• :•M SH 347 - west •e in TX -DOT '•W t• C•M1 1 EXHIBIT "C" COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: o License Agreement fee - $500.00 o` Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the Engineering Division and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply -with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: o Licensee does not intend to sell product for resale from the covered pipeline to. customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. o All pipelines crossing public rights-of-way shall be bored from right-of-way line to right-of-way line. Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. o The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. 1-1 2 o The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. o Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working - thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. Operations along roadways shall be performed in such a manner that all excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line. o Barricades, warning signs and lights, and flagpersons shall be provided by the contractor or owner when necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a street or roadway be allowed. All barricading must be by permit and approved by the City (Public Works Department) in advance. o Any construction which takes place in, on under, above, or across property not owned by the City shall require additional permission by the owner( s).o£the_.property involved. Written proof of said permission is to be provided to the City as part of the application process. Approval ofthis license agreement excludes permission to do any construction on property which is not owned by the City of Beaumont. Any licenses, permits or agreements required by another governmental entity (County, State or Federal) shall be obtained and a copy of such .document shall be provided to the City. If agreement is not required by said governmental entity, then documentation regarding such will be provided to the City of Beaumont. Q Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. o Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. o A map showing the location of the proposed pipeline shall be provided. (1 "=2,000' City of Beaumont map or United States Geological Survey Map) o The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to any City streets, alley, easements or other property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Public Work's Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, . any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City and/or the Texas Department of Transportation. o Permits which allow lines to be maintained or constructed in City right-of- way shall be obtained by Licensee or it's contractor prior to beginning maintenance or construction. The fee for such permits is in addition to this License_Agreement.fee. (See._ Cost, of License).. Installation will be done in accordance with all City standards and statutes of the State of Texas. 0 REQUIRED COVERAGE: o Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: o Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident o Property Damage: $1,000,000.00 Such insurance shall be . maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision .that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. o Licensee shall have in force with the City a surety bond in the principal amount of $1,000,000.00. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall provide that it may not be cancelled, altered, or otherwise modified without giving fifteen (15) days prior written notice to the City. The bond shall be good and in effect for a period of one (1) year from the date of completion of construction of the pipeline. o Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property .occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. o If the pipeline or any part thereof installed by Licensee shall be in any _ _..._.. _.__._.respect. damaged.or.._injured _by.,City,.orany of its agents or employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: 5 Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for 'any such damage or injuries so sustained by it; however, said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION/MAINTENANCE VVITBINR.O.W.: 0 City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the R. O.W. involved with this license. Notification, to Licensee., of other construction and/or maintenance permitted by the City and within the R. O.W. involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be Called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Department of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within' the required time frame shall alleviate- the responsibility of the person(s), requiring the lines to be relocated. - 0 City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or_third party who _ xnay be .9n@jkle for damages to Licensee's facilities. R c Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction of a new street or highway along or over said street, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is in a City street, alley, easement or other right-of- way. NOTIFICATIONANSPECTION: o Any and all work to be performed on City right-of-way (R.O.W.) shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. 0 Licensee shall provide the City (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. o Licensee shall notify the Engineering Division at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. 7 SPECIAL CONDITIONS: Nonassi ngYable This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty (3 0) days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name. of Licensee: Enterprise Beaumont Marine West. L.P. P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: Attn: Marc Tausend, 1100 Louisiana St. Attn: City Manager City and State of Licensee: Houston, TX 77002 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the City Engineer. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. 8 , Commencement of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of , A.D. 20 CITY OF BEAUMONT, TEXAS By: Kyle Hayes, City Manager ATTEST: City Clerk APPLICANT'S COMPANY NAME: (Licensee) Enterprise Beaumont Marine West. L.P. Represented by: / /�--..� off- Marc D. Tausend; as Agent and Attorney -in -Fact Title ATTEST: By: Secretary \pipelines\\pipeline license agree 9 Revised 12-14-2007 Y25 - GUY or BEAUMONT WFERSO-W COUNTY. TEXAS It•�? It,TS 11(AF r11-1,1 01 ]DI CORPoAATRDRIYD pW vt Idd P. Hebert, Iuc. APPROVED BY. -- DATE: 01/15/1 nOztVdaoenxrnutwwlf CAD FILE: 11925-01.DWG dr Vicinity Map scale : 1"=1 mile 0 0 00& on N. PIPIRUM CROSSING TIMM FATEIRLTNE EAST OF HWY 347 F-3534853.44 COVER 893"OT E3534889.02 COVER 83A2' /4r - PIPIRTME CROI MST OF M 30 2�G COV Vn - PROPOSED 30" LN30-05 PIPELINE .38RR 83.02, PROPOSED I:r LN12-12 PIPEIJNE D COVER & PROPOSED 30' LN30-01 PIPELINE 2-2L .,p E:3534748.64 COVER 83A2 ,p p 6"9 61 -p '00 S 0% MUNE CROSSING MOST, YATMNE WEST OF HWY 69/96 C, AV/H & '110, �k COVER Nip 7-3 �44 N.C. 194( L31' 6 10. d, "P"p 1por, % E353 179.00 COVER 44.50' 0(f, % e*%-vOF o 06 1po p 1p HORIZONTAL GRAPHIC SCALE 200 100 0 200 400 500 feet i - ti 'DRAWN BY. PK SHEET* 1 OF 1 ]DI CORPoAATRDRIYD CHECKED BY: DES 11 SCALE :1"--20( vt Idd P. Hebert, Iuc. APPROVED BY. -- DATE: 01/15/1 nOztVdaoenxrnutwwlf CAD FILE: 11925-01.DWG dr I OILTANKING BEAUMQNT PARTNERS, L.P. I CITY OF BEAUMONT UTILITY CROSSING PROPOSED CRUDE OIL EXPANSION PIPELINE SYSTEM CROSSING HWY. 69/93 AND HWY 347 & (2)WATERLINES & (1)SEWER LINE CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS 'DRAWN BY. PK SHEET* 1 OF 1 ]DI CORPoAATRDRIYD CHECKED BY: DES 11 SCALE :1"--20( vt Idd P. Hebert, Iuc. APPROVED BY. -- DATE: 01/15/1 nOztVdaoenxrnutwwlf CAD FILE: 11925-01.DWG s �',.-`*x {, r +. "5�" � '*'r ,Fr`¢�,r '>F '`f. 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Business Phone: (713) 381-8368 Business Address: Attn: Marc D. Tausend, Land Department 13.12, 1100 Louisiana, Houston, TX 77002 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $500.00 for the 12" Process Water Line crossing Hwy 69 & Hwy 347 Enterprise Beaumont Marine West. L.P. hereby grants to hereinafter called "Licensee", the license io lay, maintain, operate, replace, or remove a pipeline for the transportation of •oil, gas, water, or their products, on or across the following property situated in the,_C,ijy of Beaumont, Jefferson County, Texas, and being more particularly described in Exhibit:"A attached hereto and made a part hereof for all purposes. Street Name or R.O.W. Description Leritg_Il (Linear F6et) . - US 69- west side in TXD0 T ROW -19." water(nn RQM1) SH 347- east side in TXDOT ROW- 8" water (no ROWI SH 347 -west side in TXDOT ROW - 2" sanitary sewer (no ROW) n 1 EXHIBIT "D" COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: o License Agreement fee - $500.00 o Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the Engineering Division and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply -with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: o Licensee does not intend to sell product for resale from the covered pipeline to. customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established - by the ordinances of the City. o All pipelines crossing public rights-of-way shall be bored from right-of-way line to right-of-way line. Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. o- The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. 2 The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be. backfilled according to City standards. o Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working - thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. o Operations along roadways shall be performed in such a manner that all excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line. o Barricades, warning signs and lights, and flagpersons shall be provided by the contractor or owner when necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a street or roadway be allowed. All barricading must be by permit and approved by the City (Public Works Department) in advance. o Any construction which takes place in, on under, above, or across property not owned by the City shall require additional permission by the owners) of the property involved. Written. proof of said permission is to be provided to the City as part of the application process. Approval ofthis license agreement excludes permission to do any construction on property which is not owned by -the City of Beaumont. o Any licenses, permits or agreements required by another governmental entity (County, State or Federal) shall be obtained and a copy of such document shall be provided to the City. If agreement is not required by said governmental entity, then documentation regarding such will be provided to the City of Beaumont. o Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. o Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. A map showing the location of the proposed pipeline shall be provided. (1 "=2,000' City of Beaumont map or United States Geological Survey Map) o The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to any City streets, alley, easements or other property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Public Work's Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. o The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City and/or the Texas Department of Transportation. Permits which allow lines to be maintained or constructed in City right-of- way shall be obtained by Licensee or it's contractor prior to beginning maintenance or construction. The fee for such permits is in addition to this License_Agreement..fee. ($ce,Cost _of License). o Installation will be done in accordance with all City standards and statutes of the State of Texas. .19 REQUIRED COVERAGE: o Licensee shall fiumish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident o Property Damage: $1,000,000.00 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. Licensee shall have in force with the City a surety bond in the principal amount of $1,000,000.00. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall provide that it may not be cancelled, altered, or otherwise modified without giving fifteen (15) days prior written notice to the City. The bond shall be good and in effect for aperiod of one (1) year from the date of completion of construction of the pipeline. o Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license - agreement. o If the pipeline or any part thereof installed by Licensee shall be in any _ _ .................respect. damaged . or_ _injured _by,. City or.. any., of its agents or employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: W Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for 'any such damage or injuries so sustained by it, however, said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTIONMAINTENANCE WHUNR.O.W.: 0 City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be 'done by City forces or by contract for the City, within the R.O.W. involved with this license. .1 Notification, . to Licensee, of other construction and/or maintenance permitted by the City and within the R.O.W. involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Department of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate - the responsibility of the person(s) requiring the lines to be relocated. 0 City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or prope'r by City in, across, along, or under any of the streets, alloys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's lights to recover damages against any responsible for damages to Licensee's facilities. ON 0 Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction of a new street or highway along or over said street, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the" City for the benefit of any other person or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reimbursed (ally by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing,, boring, or changing in any manner of the pipeline where same is in a City street, alley, easement or other right-of- way. NOTIFICATIONANSPECTION: o Any and all work to be performed on City right-of-way (R.O.W.) shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. 0 Licensee shall provide the City (Public Works Department Engineering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. o Licensee shall notify the Engineering Division at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. 7 SPECIAL CONDITIONS: Nonassi ng able This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty (3 0) days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name. of Licensee: Enterprise Beaumont Marine West. L.P. P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: Attn: Marc Tausend,1100 Louisiana St. Attn: City Manager City and State of Licensee: Houston, TX 77002 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the City Engineer. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. 8 . A Commencement of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above - set forth. IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of , A.D. 20 CITY OF BEAUMONT, TEXAS Kyle Hayes, City Manager ATTEST: City Clerk APPLICANT'S COMPANY NAME: (Licensee) Enterprise Beaumont Marine West. L.P. Represented by: off• ��� Marc D. Tausend; as Agent and Attomey-in-Fact Title ATTEST: By: Secretary \pipelines\\pipeline license agree 9 Revised 12-14-2007 t. -- I'll, GUY OF BEAUMONT JEFFERSON COUNTY, IMS Projec 'Ar Location W. 'Ay Vicinity Map 'A scale : 1"=1 mile Xk�]R RAST OF EMXI 347 'Ay - " W+ AT (D-.' B,3�053,44 COVER 03.02''Ar EPML-M—f-3534861.30 COVER lor+0.031 COVER ROZ PIPE= CROSSING Ma M SEWER !�T UST OF HIM 347 o 0& 044, N, 0 -I`�E:-3534732.38 COVER 83.02'PROPOSED 3W LN30-05 PIPEUNE PROPOSED 12" LN12-12 PIPEUNE PROPOSED 30" LN30-01 PIPEUNE lqol —..7-0M--A.VER �1%;l i''p 3534748.89.O��N 01 G 'pup" PIPELINE OROSSINC ST. ffATEELME WEST OF MIX 69/96 / ) ZH —2S' —E.3&14173.44 COVER 40.31' COVER 44.60 b (D—LHn--D1—F-3534184.88 COVER 40.31' 0. 011�afi'ldng OILTANKING BEAUMONT PARTNERS, L.P. CITY OF BEAUMONT UTILITY CROSSING. PROPOSED CRUDE OIL EXPANSION PIPELINE SYSTEM HORIZONTAL GRAPHIC SCALE CROSSING HWY. 69/93 AND HWY 347 & (2)WATERLINES & (1)SEWER LINE 200 100 0200 400 600 feet CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS P. --gee HOUMNFACI�- w=fw—wxy. DRAWN BY: PK SHEET -1 OF 1 CHECKED BY; DES It SCALE :1" =200 APPROVED BY: DATE: 01/15/1! CAD FILE: 11925-01.DWG 1 M1f UNI t�dw t r '.. ��f f�s•1 �tj r F<� i Y,,, P kn� 7' 113. `tZj ' 'ti` ��F''+"4t,�•�,I-..E ar �0000000� ks- r p 4ei' !I ? h A f� =' (� I < r •fry ! r t i Y':Y fry �` `,C. � {" z {�ppy 'a" H��j•^!* 5 i 'fit' aL u f — slar •re wr w wcaa e.vt�r-an xmrsrell\s+aurmaso xnmwo oaoc\w�wNln nox un smll\m•rdA CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: Business Phone:, Enterprise Beaumont Marine West LP (713) 381-8368 , Business Address: Attn: Marc D. Tausend, Land Department 13.12, 1100 Louisiana, Houston, TX 77002 The City of Beaumont, hereinafter called "City", for and in consideration of the sum $500.00 for the 4" Utility Conduit crossing West Port Arthur Road; specified herein hereby grants to Enterprise Beaumont Marine West LP hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of oily gas, water, or their products, on or across the following property situated in the City of Beaumont, Jefferson County, Texas, and being more particularly described inExhibit "A" attached hereto and made a part hereof for all purposes. Street Name or R.O.W. Description Len tg_h {Linear Feet) West Port Arthur Road - east side in UPRR ROW -12"&16" sanitary sewer and 20" water (no ROW) EXHIBIT "E" COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: License Agreement fee - $500.00 Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee fox linear foot usage shall be made to the Engineering Division and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply -with the following may result in termination of agreement (see page 8). GENERAL, CONDITIONS: o Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to - report such distribution and when lawfullyrequired to do so, pay a street rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established, by the ordinances of the City. All pipelines crossing public rights-of-way shall be bored from right-of-way line to right-of-way line. Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. o The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or stone drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines; or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which . it existed prior to construction or maintenance. Bore pits sliall be backfilled according to City standards. o Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working - thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. Operations along roadways shall be performed in such a manner that all excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line. Barricades, warning signs and lights, and flagpersons shall be provided by the contractor or owner when necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a street or roadway be allowed. All barricading must be by permit and approved by the City (Public Works Department) in advance. o Any construction which takes place in, on under, above, or across property not owned by the City shall require additional permission by the owner(s) of the property involved. Written proof of said permission is to be provided to the City as part of the application process. Approval of this license agreement excludes permission to do any construction on property which is not owned by the City of Beaumont. J Q Any licenses, permits or agreements required by another governmental entity (County, State or Federal) shall be obtained and a copy of such document shall be provided to the City. If agreement is not required by said governmental entity, then documentation regarding such will be provided to the City of Beaumont. o Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private properly. o A map showing. the location of the proposed pipeline shall be provided. (1 11=2,000' City of Beaumont map or United States Geological Survey Map) o The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to any City streets, alley, easements or other property. Once the pipeline is in operation, any damage. that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Public Work's Department. Licensee shall (ally cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. o The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. The -Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City and/or the Texas Department of Transportation. Permits which allow lines to be maintained or constructed in City right-of- way shall be obtained by Licensee or it's contractor prior to beginning maintenance or construction. The fee for such permits is in addition to this License Agreement fee. (See Cost of License) Installation will be done in accordance with all City standards and statutes of the State of Texas. REQUIRED COVERAGE: o Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident o Property Damage: $1,000,000.00 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. Licensee shall have in force with the City a surety bond in the principal amount of $1,000,000.00. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surely will pay all damages to any person caused by, or arising from, or growing out of `any violation of the terms of this agreement. The bond shall provide that it may not be cancelled, altered, or otherwise modified without giving fifteen (15) days prior written notice to the City. The bond shall be good and in effect for a period of one (1) year from the date of completion of construction of the pipeline. Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. If the pipeline or any part thereof installed by Licensee shall be in any respect damaged or injured by City or any of its agents or employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damage or injuries so sustained by it; however, said conditions. shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION/MAINTENANCE WITHIN R.O.W.: o City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the R.O.W. involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the R.O.W. involved . with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Department of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate -the responsibility of the person(s) requiring the lines to be relocated. City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction of a new street or highway along or over said street, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is in a City street, alley, easement or other right-of- way. NOTIFICATIONANSPECTION: o Any and all work to be performed on City right-of-way (R.O.W.) shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection" to ensure compliance with construction standards. 0 Licensee shall provide the City (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. Licensee shall notify the Engineering Division at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. SPECIAL CONDITIONS: Nonassignable This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty (30) days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name of Licensee: Enterprise Beaumont Marine West, L.P. P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: 1100 Louisiana St. Attn: Marc Tausend Attn: City Manager City and State of Licensee: Houston, TX 77002 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the Water Utilities Director. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. Commencement of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS. WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of , A.D. 20 CITY OF BEAUMONT, TEXAS By: . Kyle Hayes, City Manager ATTEST: City Clerk APPLICANT'S COMPANY NAME: (Licensee) Enterprise Beaumont Marine West. L.P. Repre ented by: Marc D. Tausend, As Agent and Attorney -in -Fact Title ATTEST: By: Secretary CPPV OF BEAUMONT JHFFEBRON COUNTY TEXAS NX N 1'13'wwUonl'�F yy(�}� .\ {� •Cit tSmtt� r . _Swsu� 'i,: \-X\0 ' u `l. \y. `���:�..•'..�w�"�" yirt�U Gid;; �.•�i / • 1 '"l ?\ ;� ;-+Sc uUf• �/•rs anr;��y� LN6� Projec3-06PPELINE Locationul \ L\ ori-f�"" k • � t • . b' ,'• �p/. ii •o �y A ..-- 1 o Q • m` ° "%�OH WORT- .y lr 0p at of B ..;d. Brits •}f ! Vicinity4 %50 scale : 1"=1 mile QCRossINC � WATER LINE \ fQJCR¢SAINiNTARY SEWERS rr� 10, „ a1. PROP LN36—O6 PIPEWNE MOST, 1 CROSSING / RXicm. IB” SANITARY SEER � RAST 4F RftY 99 AND UPR R n.JN36-06 ' E3526063A5 COVER 46'* \ f� � \\ Ol1ttMititi9 PIPELTNR CROSSING RRIST 12" SANITARY SMR OILTANKING BEAUMONT PARTNERS, L.P. FACT OF H1tY 94 AND U.P.R.R. s _cf E:3528068.49 COVER 4 46 t CITY OF BEAUMONT UITILITY CROSSING PIPHUNN CROSSING PROPOSED CRUDE OIL EXPANSION PIPELINE SYSTEM BAST ofF 94 AND YfATER D sr of U.p RR CROSSING HWY. 93 (W. PORT ARTHUR RD.) (2) SEWER LINES & (1) WATER LINE HORIZONTAL GRAPHIC SCALE HAST BwY w 200 100 0 200 400 Soo c - a o•3 CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS E3527999.45 COYER 48 t Ori2L4WCA1YOli5: -lova+Arncarrc. DRAWN BY. PK SHEET: 1 OF 1 m mxroxnYeuarve ��_ _ — "°N"A•�+^+'"J9'6D i CHECKED BY: DES SI SCALE :1'--200' �L^L' �� 9aS-si9Ti3t Pn1UYl58T6A01S i — iT18 P. Hebefit IIIC. Nousroxrncanv Mo •apd1 tomisovsisrraeiwnr, 'APPROVED 8Y: — DATE: 01/23/15 A Oi 23 15 ISSUED FOR K trousmN,mxns,rrota A DATE REVISION RY APP siwva"rornx:voatswa CAD FILE: 11923—O1.DWG 0 /tee y wN aT f 3 i •[` . /`i�.'. � � 45�� �� { -71M t PROPOSED 36-06, PIgE4- UIILFTY F . • J' .J'i. ai...s h ,I. � ,M' � 1 {6•Np . __ • � .. .w � 4.. i}.. �� •1 �+P� P � y �ry iFe� '�; {1 ��16N `4' b.n .ytStNC LPb�al �..r [�,!` M1i _ [ lf• �L • y, CTI 0 1JIn�t6�p qCP Ste. I M L •� t � •I '�L '} �+¢_ Auu,m�lup� � 4. n eVt Nl ; ' �1 � ♦ . ti i:_r�---•"+� +� T 31t� Ig -7 6. �' CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: Enterprise Beaumont Marine - Business Phone: West LP (713) 381-8368 ,, ,._ Business Address: Attn: Marc D. Tausend, Land Department 13.12, 1100 Louisiana, Houston, TX 77002 The City of Beaumont hereinafter called "City", for and in consideration of the sum. $500,00 for the 4" Utility Conduit crossing Hwy 69 & Hwy 347 specified herein hereby grants to Enterprise Beaumont Marine.West LP hereinafter called "Licensee", the license fo lay, maintain, operate, replace, or remove apipeline for the transportation of oil, gas, water, or their products, on or across the following property situated in the City of Beaumont, Jefferson County, Texas, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Street Name or R.O.W. ]Description Length (Linear Feet)_ US 69- west side in TXDOT ROW -12" water (no ROW) SH 347- east side in TXDOT ROW- 8" water (no ROW) SH 347 - west side in TXDOT ROW - 2" sanitary sewer (no ROW) EXHIBIT "F" COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: License Agreement fee - $500.00 Annual fee of $2.25 per linear foot ofpipeline located within Cityproperty. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the Engineering Division and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply -with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: o Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. o All pipelines crossing public rights-of-way shall be bored from right-of-way line to right-of-way line. Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. o The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working • thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. o Operations along roadways shall be performed in such a mariner that all excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line. Barricades, warning signs and lights, and flagpersons shall be provided by the contractor or owner when necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a street or roadway be allowed. All barricading must be by permit and approved by the City (Public Works Department) in advance. o Any construction which takes place in, on under, above, or across property not owned by the City shall require additional permission.' by the owner(s) of the property involved. Written proof of said permission is to be provided to the City as part of the application process. Approval of this license agreement excludes permission to do any construction on property which is not owned by -the City of Beaumont. o Any licenses, permits or agreements required by another governmental entity (County, State or Federal) shall be obtained and a copy of such document shall be provided to the City. If agreement is not required by said governmental entity, then documentation regarding such will be provided to the City of Beaumont. o Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. o Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. o A map showing the location of the proposed pipeline shall be provided. (1"=2,000' City of Beaumont map or United States Geological Survey Map) a The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to any City streets, alley, easements or other property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Public Work's Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. o The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. o The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City and/or the Texas Department of Transportation. o Permits which allow lines to be maintained or constructed in City right-of- way ight-ofway shall be obtained by Licensee or it's contractor prior to beginning maintenance or construction. The fee for such permits is in addition to this License Agreement fee. (See Cost of License) o Installation will be done in accordance with all City standards and statutes of the State of Texas. t � + REQUIRED COVERAGE: Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: a Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident 0 Property Damage: $1,000,000.00 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. Licensee shall have in force with the City a surety bond in the principal amount of $1,000,000.00. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall provide that it may not be cancelled, altered, or otherwise modified without giving fifteen (15) days prior written notice to the City. The bond shall be good and in effect for aperiod of one (1) year from the date of completion of construction of the pipeline. Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. If the pipeline , or any part thereof installed by Licensee shall be in any respect damaged or injured by City or any of its agents or employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damage or injuries so sustained by it; however, said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION/MAINTENANCE WITHIN R.O.W.: o City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the R.O.W. involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the R.O.W. involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Department of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate- the responsibility of the person(s) requiring the lines to be relocated. o City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to L'icensee's facilities. 0 Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction. of a new street or highway along or over said street, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by .the City for the benefit of any other person or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is in a City street, alley, easement or other right-of- way. NOTIFICATIONANSPECTION: o Any and all work to be performed on City right-of-way (R.O.W.) shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. 0 Licensee shall provide the City (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. Licensee shall notify the Engineering Division at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. SPECIAL CONDITIONS: Nonassignable This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty (3 0) days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name of Licensee: Enterprise Beaumont Marine West. L.P. P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: 1100 Louisiana St. Attn: Marc Tausend Attn: City Manager City and State of Licensee: Houston, TX 77002 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the Water Utilities Director. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. Commencement of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS. WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of , A.D. 20 CITY OF BEAUMONT, TEXAS Kyle Hayes, City Manager ATTEST: City Clerk APPLICANT'S COMPANY NAME: (Licensee) Enterprise Beaumont Marine West. L.P. 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Vicinity Map "Ay scale : 1"=1 mile r-4 PIPELINE CROSSING MST, WATE![!E!AST OF M 247 'Ay E 53485 .44COVER 83.0Z .1e �Ay suaaaxo 8 e3534881.30 COVER I=- ,Ar 1-:353486$.02 COVER 83.07 PIPELINE CROSSING MOM SWER LINE 4tEST OF M 847 "a-M—L-3W4732135 COVER nor PROPOSED 3(r LN30-05 PIPELINE I'* PROPOSED 12" LN12-12 PIPELINE ��E`3531�740.45 COVER 100.03" PROPOSED 30" LN30-01 PIPELINE 'T 'T PIPELINE CROSSING MST, WATERLINE Imn or Hn 09/00 p 1-:3534174 42 W941,01,111 0& 139513 .1 N.G. 19.9'3 0 1-:3534178.00. ' COVER 44.60 No1g :L -E3534184 &B COVER '400.31' 'po .011tonidng OILTANKING BEAUMONT PARTNERS, L.P. CITY OF BEAUMONT UTILITY CROSSING PROPOSED CRUDE OIL EXPANSION PIPELINE SYSTEM HORIZONTAL GRAPHIC SCALE CROSSING HWY. 69/93 AND HWY 347 & (2)WATERLINES & (1)SEWER LINE 200 100 0 200 400 600 feet CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS 'DRAWN BY: PK SHEET. 1 OF 1 CHECKED BY: .APPROVED BY: DATE; 01/15/15 .CAD FILE: 11925-01.DWG suaaaxo 'DRAWN BY: PK SHEET. 1 OF 1 CHECKED BY: .APPROVED BY: DATE; 01/15/15 .CAD FILE: 11925-01.DWG D TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorneyc:j MEETING DATE: April 28, 2015 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Baptist Hospitals of Southeast Texas. BACKGROUND This matter was presented and discussed in Executive Session held on April 21, 2015. The City Attorney is requesting authority to settle this claim in the amount of $32,607.42. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the claim of Baptist Hospitals of Southeast Texas was discussed in Executive Session properly called and held Tuesday, April 21, 2015; and, WHEREAS, the City Attorney is requesting authority to settle this claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Attorney be, and he is hereby, authorized to settle the claim of Baptist Hospitals of Southeast Texas for the sum of Thirty -Two Thousand Six Hundred Seven and 42/100 Dollars ($32,607.42); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the claim. 2015. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of April, - Mayor Becky Ames - TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 28, 2015 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 4 and 5/Consent Agenda * Consent Agenda GENERAL BUSINESS Consider a request to rezone a portion of the property from R -S (Residential Single Family Dwelling) to GC -MD (General Commerical -Multiple Family Dwelling) or a more restrictive district and a specific use permit to allow a commercial dump truck business at 2340 East Lucas 2. Consider a request for a Specific Use Permit to allow a gaming room in a NC (Neighborhood Commercial) District at 3890 Avenue A 3. Consider a request for a Specific Use Permit to allow a real estate office in an RCR-H (Residential Conservation Revitalization -Historic) District at 2597 McFaddin Street 4. Consider an appeal of the Historic Landmark Commission's decision to deny the request for demolition and allow new construction at 2104 Pecos 5. Consider approving a resolution accepting the Automated Metering Infrastructure and Leak Detection project and authorizing final payment PUBLIC HEARING * Receive comments from applicants for Public Services and Public Facilities Program funding from the 2015 Community Development Block Grant Program COMMENTS Councilmembers/City Manager comment on various matters Public Comment (Persons are limited to 3 minutes) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting. 1. No commercial use of R -S property, including parking vehicles. 2. Full compliance with United States Army Corp of Engineers requirements. 3. Parking areas must be paved. 4. Obtain a Certificate of Occupancy. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance, subject to the following conditions: 1. No commercial use of R -S property, including parking vehicles. 2. Full compliance with United States Army Corp of Engineers requirements. 3. Parking areas must be paved. 4. Obtain a Certificate of Occupancy. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND APPLICANT'S NAME: .�� i 6 APPLICANT'S ADDRESS: (V.:2 :2-1 APPLICANT'S PHONE #: ; 7` NAME OF OWNER: bo" �' O ADDRESS OF OWNER: ,_'_),- ) & '1 I t LOCATION OF PROPERTY:' LEGAL DESCRIPTION OF PROPERTY: LOT NO. BLOCK NO. ADDITION COUNCIL, CITY OF BEA (" i - 8L ,r OR TRACT PLAT SURVEY FAX #: NUMBER OF ACRES NUMBER OF ACRES TEXAS 4 For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED ZONE: GC, - ru> ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8 %" X II" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN ''/Z ACRE.................................................................$250.00 ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall .be adhered to as anjended and approved by City Council. SIGNATURE OF APPLICANT: �. 1 f l I -_ f DATE: SIGNATURE OF OWNER: t i (IF NOT APPLICANT) DATE: 7> ,. It m� PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 FILE NUMBER: Z2�G BEAUMONT, TX 77701 DATE RECEIVED: 2-1 i 5 Phone - (409) 880-3764 Fax - (409) 880-3133 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. APPLICATION FOR AMENDMENT OF THE ZONING ORDINANCE BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME AND ADDRESS: APPLICANT'S PHONE #: _ .'w - l FAX #: t. I i) L1 -C) SIT S NAME OF OWNER: ADDRESS OF OWNER:.— { ` LOCATION OF PROPERTY: ("}. (a - LEGAL LEGAL DESCRIPTION OF PROPERTY: LOT NO. OR TRACT BLOCK NO, PLAT ADDITION SURVEY NUMBER OF ACRES NUMBER OF ACRES `2-° For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed to be changed, and a complete legal field note description. CURRENT ZONING DISTRICT: ZONING DISTRICT REQUESTED: .a HAS THE REQUEST BEEN MADE BEFORE? O IF SO, DATE: ACTION: SUBMIT A LETTER STATING REASONS FOR REQUEST. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN 1/2 ACRE...........................................................$250.00 1/2 ACRE OR MORE AND LESS THAN 5 ACRES.............$450.00 5 ACRES OR MORE...............................................................$650.00 I HEREBY ACKNOWLEDGE THAT THE APPLICATION IS MADE FOR THE REQUESTED DISTRICT ORA MORE RESTRICTIVE DISTRICT..........._ _. __ .... _.. _.. - . _ .... SIGNATURE OF APPLICANT: ° 1 I j 1 IL _DATE: SIGNATURE OF OWNER j 1 (IF NOT .APPLICANT): PLEASE TYPE OR PRINT AND SUBMIT TO: PLANNING DIVISION, ROOM 201 CITY HALL, 801 MAIN STREET BEAUMONT, TX 77701 FILE NUMBER: P.O. BOX 3827 77704 DATE RECEIVED: (409) 880-3764 RF.CFIPT NUMBER: FAX (409) 880-3133 CEASER'S CONCRETE CONSTRUCTION 2340 E LUCAS BEAUMONT, TEXAS 77703 plat D-27 H Williams jr. subdv. 8.681 acres 409-898-3051 March 31, 2015 City of Beaumont Zoning Board Re: Specific Use Application, 2340 E Lucas Street, Beaumont Proposed.Use:b This land for commercial use = dump truck businsss, store equipment, dump trucks, and trailors, work trucks - hauling dirt from dirt .pit to clients and pick up concrete debris from job sites and haul to city dump site. We do not see clients at this office. We are adding 150' to the existing 150' of commercial use property to a full depth of 3oo feet total. We are open about 7:15 am to 4:00 pm. The proposed specific use: 1. Will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity. 2. Will not impede the normal and orderly development and improvement of surrounding vacant property 3. Will have adequate utilities, access roads,'drainage, and other necessary supporting facilities. 4. The design, location, and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development 5. Will have adequate nuisance prevention measures taken in order to prevent or control offensive odor, fumes, dust, noise and vibration. 6. Directional lighting will be provided so as not to disturb or adversely affect neighboring properties 7. There will be sufficient landscaping and screening to insure harmony and compatibility with adjacent property 8. The proposed use is in accordance with the Comprehensive Plan. --- ---- -Respectfully,-- William Res ectfull William Ceaser Ceaser's Concrete C ns uction faz� /0� � m T m ADDITIONAL PROPERTY NOT ZONED COMMERCIAL NEW FETICE', CORiGATED METAL 8' TALL NEW GATT 10 WIDE LUCAS SREPIDA'S DRAWIN& ARD PROPOSED ADDITIONAL Tl0 6ladya Gutta G B�LumoM, T! •17706 898.3051 Phoma-. /SOW 866$100 Raw NO9J 866.8101 3'SS E WGAB 190' QF PROPERTY BEAIMOHT 77b T70D TO BE ZONED COMMERCIAL SUSAN 840.9944 FOR STORING ECUJIPMENT U AN TRAILORS AND WORK VEHICLES TOTALING $00' COMMERCIAL ZONE �y FOR COMMERCIAL USE 0� o 0 00, EXI9TNG kTAL B' TALL u� _-1c NEW CsAT0 WIDE 1 STY 01 EXISTING OFFICE 24' 25' 9 • Pve er SHED T SITE PLAN SCALE: 1% 50' ryry gpop 2340 E LUCAS p?# IOD' OF COMMFRCIALLY BEAUMONT TQC. @ S PLAT 0-21 TRACT 26 TONID PROPE ROPE -Tr Q4 Ln H WILLIAMS JR 5UBDV,$ k 8,618 Acres z O Q DATE, 3-26-15 a $ REV 331-15 E MG 0TALL WY PFW— GILD=N:G:J)Bn104GKLRS § . APrROx. 6- 6' TALL OAK TNG p{GNiS LAWS=MF -9 4 PROPFRir LM p Imc� TA E7E9TN3 WArgi TAP LUCAS SREPIDA'S DRAWIN& ARD rvsW�o��c�_� nox Tl0 6ladya Gutta G B�LumoM, T! •17706 898.3051 Phoma-. /SOW 866$100 Raw NO9J 866.8101 3'SS E WGAB E -11 bda,hw b.01.wLML BEAIMOHT 77b T70D CITY OF BMT JCAD SUSAN 840.9944 .f 2230-Z/P: 1 • No commercial use of R -S property, including parking vehicles. 2• Full compliance with United States Army Corp of Engineers requirements. 3• Parking areas must be paved. 4• Obtain a Certificate of Occupancy. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED R -S (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 2340 EAST LUCAS DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY;,PROVIDING FOR REPEAL AND PROVIDING A PENALTY. ` BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned R -S (Residential Single Family Dwelling) District to GC - MD (General Commercial -Multiple Family Dwelling) District for property located at 2340 East Lucas Drive, being the north 150' of the south 300' of Plat D-27, Tract 28, H. Williams Survey, Abstract 268427, Beaumont, Jefferson County; Texas, containing 0.32 acres, more or less, as shown on Exhibit 'A " attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. 2015. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of April, - Mayor Becky Ames - File 2230-Z/P: A request to rezone a portion of the property from RS (Residential Single Family Dwelling) to GC-NID(General Commercial-Multiple Family Dwelling) or a more restrictive district and a Specific Use Permit to allow a commercial dump truck business. Location: 2340 East Lucas William Ceaser 0 100 200 1 i 1 I Feet ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A COMMERCIAL DUMP TRUCK BUSINESS GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT AT 2340 EAST LUCAS DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, William Ceaser has applied for a specific use permit to allow a commercial dump truck business in a GC -MD (General Commercial -Multiple Family Dwelling) District at 2340 East Lucas Drive, being the south 300' of Plat D-27, Tract 28, H. Williams Survey, Abstract 268427, Beaumont, Jefferson County, Texas, containing 0.65 acres, more or less, as shown on Exhibit 'A" attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a commercial dump truck business in a GC -MD (General Commercial -Multiple Family Dwelling) District at 2340 East Lucas Drive, subject to the following conditions: ; and, • No commercial use of R -S property, including parking vehicles. • Full compliance with United States Army Corp of Engineers requirements. • Parking areas must be paved. • Obtain a Certificate of Occupancy. WHEREAS, the City Council is of the opinion that the issuance,of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a commercial dump truck business in a GC -MD (General Commercial -Multiple Family Dwelling) District at 2340 East Lucas Drive, being the south 300' of Plat D-27, Tract 28, H. Williams Survey, Abstract 268427, Beaumont, Jefferson County, Texas, containing 0.65 acres, more or less, as shown on Exhibit "A," is hereby granted to William Ceaser, his legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following conditions: • No commercial use of R -S property, including parking vehicles. • Full compliance with United States Army Corp of Engineers requirements. • Parking areas must be paved. • Obtain a Certificate of Occupancy. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. 2015. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of April, - Mayor Becky Ames - File 2230-Z/P: A request to rezone a portion of the property from RS (Residential Single Family Dwelling) to GC -MD. (General Commercial -Multiple Family Dwelling) or a more restrictive district and a Specific Use Permit to. allow a commercial dump truck business. Location: 2340 East Lucas :William 0 100 200 1 1 1 1 Feet m ADDITIONAL PROPERTY NOT ZONED COMMERCIAL NEW FENCE', CORIGATED METAL 8' TALL r \N911 GATrz IV WIDE PROPOSED ADDITIONAL 150' OF PROPERTY TO 6E ZONED COMMERCIAL FOR STORNG E041PMENT TRAILORS AND WORK VEHICLES TOTALING 100' COMMERCIAL ZONE FOR COMMERCIAL USE EXISTNG ETAL 9' x--& 1C..X XYX. X.X..X,L X_1L1S_ .J LUCAS 223 0-Z/P: 1 • No commercial use of R -S property, including parking vehicles. LEA5S39 COHzL5E 'aN91Po,�nON 2• Full compliance with United States BRENDA 5 DRAIUINC€ flDARD ww.w1 rrnns-�z rvyN_�x Ti70 400 it G B�RNn * 09J snob 899-3051 phprie, ({per g5b-8100 FLt. ({091 8668101 3355E ml y Corp of Engineers requirements. ctnellbmshln�bcgtobN.mt 0Z&N0NTTX.Tn0$1 3. Parking areas must be paved. 4 OF BMT J EXHIBIT "B" CITY Obtain a Certificate of Occupancy. SUSAN 940-91 NEW GATE IV. WIDE I STY DCISTING OFFICE 24' 25' Exp SHF SITE PLAN dad SCALE: 1% 50' �gK 2340 E LUCAS? 100' OF COMMERCIALLY ISEAUMONT TX. �8 PLAT 0-21 TRACT 213 ZONED PROPERTY 14 WILLIAMS JR 5UBDV.8It 8,618 Acres 0 a�u u DATE: 326-15 $� n REY 3 31-15 - FX151N'6 e• t R16DA= M6 - n-fHACK U!ffi —i —3V 1C W,E ,V A�,RCX. 5-5'TAM OAK 1R 2W -E O(15Trtt5 �� � E Ima G: �i TA - ,W,— wA TAP .J LUCAS 223 0-Z/P: 1 • No commercial use of R -S property, including parking vehicles. LEA5S39 COHzL5E 'aN91Po,�nON 2• Full compliance with United States BRENDA 5 DRAIUINC€ flDARD ww.w1 rrnns-�z rvyN_�x Ti70 400 it G B�RNn * 09J snob 899-3051 phprie, ({per g5b-8100 FLt. ({091 8668101 3355E ml y Corp of Engineers requirements. ctnellbmshln�bcgtobN.mt 0Z&N0NTTX.Tn0$1 3. Parking areas must be paved. 4 OF BMT J EXHIBIT "B" CITY Obtain a Certificate of Occupancy. SUSAN 940-91 2 April 28, 2015 Consider a request for a Specific Use Permit to allow a gaming room in a NC (Neighborhood Commercial) District at 3890 Avenue A BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager Ll6 PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: April 28, 2015 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a gaming room in a NC(Neighborhood Commercial) District at 3890 Avenue A. I: t K ' 11011.1 Son Tran of Van's'Grocery would like to operate a convenience store and gaming facility containing 12 "eight -liner" machines at 3890 Avenue A. Customers would only be able to receive gifts under $5 in value, as prizes. Hours of operation will be from 9am till Bpm seven days a week. As long as the game room does not exceed 35% of the gross floor area, parking will be sufficient. If parking should exceed 35% of the gross floor area, parking will need to be increased for the use to be in compliance. The applicant has requested a waiver to the eight (8) foot screening fence and landscaped buffer at the West property line. At a Joint Public Hearing held April 20, 2015, the Planning Commission recommended 6:2 to approve a Specific Use Permit to allow a gaming room in an NC (Neighborhood Commercial) District at 3890 Avenue A. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: \I -A s C2C�� i sz-AeJ APPLICANT'S ADDRESS: APPLICANT'S PHONE #: FAX #: NAME OF OWNER: `�•,.! fi't? �� 1 �� —1AL,,0QCr- ADDRESS OF OWNER: - LOCATION OF PROPERTY: 4A110 � LEGAL DESCRIPTION OF PROPERTY: LOTNO. q-10 BLOCK NO. 2 - ADDITION �� NUMBER OF ACRES o-��d� 'o O , ?�`' OR TRACT I PLAT SURVEY NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. C®1 a �t� ccru�� rc PROPOSED USE: &-m ( 6:! fA4 i J® (�'� � _ ZONE: 0L ATTACH A LETTER describing all processes and activities involved with the proposed uses. 'ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8 %Z" X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN'/2 ACRE.................................................................$250.00 ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amended and approved by City Council. SIGNATURE OF APPLICANT: SIGNATURE OF NOT APPLICANT) DATE: PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 Z BEAUMONT, TX 77701 FILE NUMBER: DATE RECEIVED: -S Z Phone - (409) 880-3764 Fax - (409) 880-3133 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE NET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. Van's Grocery 3890 Ave. A Beaumont TX 77705 (409) 835-5283 DATE: 3/25/15 TO: City of Beaumont Planning Commission FROM: Son Tran SUBJECT: Specific Use Application 3890 Ave. A, Beaumont TX The business is a convenience store that does not sell gas and has been in business for about 25 plus years. It is family owned and was purchased from family. My business is the only one in about a 6 block square area. We carry all of the normal inventory of a convenience store. I am the only employee and I have one register. My normal operating hours are 9AM to 8PM seven days a week. We also sell lottery tickets and I am an authorized SNAP retailer. Eight Conditions that need to be addressed 1) I ani applying for a specific use permit because of a change of city ordinance requiring this permit if there are entertainment machines (commonly know as 8 - liners) in my store. These machines will not be injurious, not significantly diminish or impair property values of the immediate vicinity and also because I am a neighborhood type convenience store, the residents of the vicinity are the very ones using the machines. 2) The issuance of this permit will not impede the development/improvement of surrounding vacant property. The fact that I have entertainment machines in my store should have no bearing at all on surrounding property, vacant or occupied. 3) Again the adequate utilities and other necessary supporting facilities have been provided and these entertainment machines should have no bearing this. 4) Driveways and parking spaces are existing. My business is located on the corner of Avenue A and Brockman, which allows traffic to enter from Avenue A or the side street. 5) The entertainment machines do not add any type of nuisance that would have to be controlled 6) These machines are located on the inside of my building. There. are currently fluorescent lights running the length of my building on the outside as well as a flood light located on a tall pole at the front corner of the parking area shining on the parking lot and the front of the building. 7) The business is existing and we have a privacy fence separating the back of our building with the resident behind us. This fence is 6 feet tall. There is a vacant lot on the other side of our business. 8) This building is secure and sound. I am requesting a variance to an 8 feet fence that is required and a variance to a 10 feet landscape barrier. My neighbor behind me has ,no problem with the fence that is constructed. I also own the undeveloped property to the right of my store all the way to Edwin Street. Respectfully Submitted, Son Tran ®® 6 9000'0" w 100 FLO T PLAN SCALE: V'= 20' 3890 AVENUE A IBEAUt" VONT TX. 11105 LOT 0 10 5LK 2 15ROCK VAN SUBDY, FIRE LANE DATE: 3-2(o-15 2229-P AVENUE- A IB RENDWS DRAU11NG 330ARD VAN'S GROCERY ii10 Gladys Suite G Beaumont, Texas 1110fo 38SO AVENUE A Phone: (409) $66-8100 Fax: (4O9) 866-8101 SON TRAM 835-5283 E-mail babshiriDsbcglobal.net BEAUMONT TX. 11105 1'-2" 0 0 z ' N I FENCED AREA i LOT 10 L T S I LOT S i 32'-0" YAWS CxROCERy 1 STT _ Z STORAGE 13 ! I 1 STT 04 01 . 1'r 6 i AF, ROX. ROOF HT 12' CIA v I STIORE SIGN ON ALL OF BUILDING I j --- 3 I urI�rED COVERED PORCH1LAzJ CONCRETE RAMP I 1---(3 m O O 2 PK SP lifRf� ADA / LE SIGt,I 1 l 9' X W AN PARK. PK P — ADDITIONAL PARK GRAVEL AREA I SP. 9'X I I 1 I 11'-0" g' -O" I ^ f� CQNC. DRIVEWAY SECURITY LT, CJ 90o0'O" E 100.00' ' NO EXISTING LANDSCAPE BUFFER AND NO SIDE WALK AVENUE- A IB RENDWS DRAU11NG 330ARD VAN'S GROCERY ii10 Gladys Suite G Beaumont, Texas 1110fo 38SO AVENUE A Phone: (409) $66-8100 Fax: (4O9) 866-8101 SON TRAM 835-5283 E-mail babshiriDsbcglobal.net BEAUMONT TX. 11105 1'-2" 0 0 z File 2229-P: A request for Specific Use Permit to allow coin operated amusements in an NC (Neighborhood Commercial) District. Location: 3890 Avenue A Applicant:Van's Grocery 0 100 200 1 1 1 1 Feet ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A GAMING ROOM IN A NC (NEIGHBORHOOD COMMERCIAL) DISTRICT AT 3890 AVENUE A IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Son Tran; on behalf of Van's Grocery, has applied for a specific use permit to allow a gaming room in a NC (Neighborhood Commercial) District at 3890 Avenue A, being Lots 8-10, Tract 1, Block 2, Brockman Addition, Beaumont, Jefferson County, Texas, containing 0.265 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a gaming room in a NC (Neighborhood Commercial) District at 3890 Avenue A; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a gaming room in a NC (Neighborhood Commercial) District at 3890 Avenue A, being Lots 8-10, Tract 1, Block 2, Brockman Addition, Beaumont, Jefferson County, Texas, containing 0.265 acres, more or less, as shown on Exhibit "A," is hereby granted to Van's Grocery, its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. 2015. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of April, - Mayor Becky Ames - File 2229-P: A request for Specific Use Permit to allow coin operated amusements in an NC (Neighborhood Commercial) District. Location: 3890 Avenue A Applicant:Van's Grocery 0 100 200 1 1 1 1 Feet Legend ® 2229P RLS R -S EDWIN ST R R -S NC NC R -S IF M 7R--s]T NC :z NC R_S R -S m ,a BROCKMAN ST F71 -- - - R -S _ fl� R -S F,4S EXHIRIT-'FN I m z CZm I .z z v CA n A m N 41 z 0 v =� 0M. m$ .Eo i A P w t- (p W Q O [D � M o� Vj UJ O bG Np M m V1 m N C) C� T r 7 eROCKMAN ST. �. s 0,00'01, w so.00' EXHIBIT "B" N 0°01o" to so.00' ; - • N cn O O O 3 April 28, 2015 Consider a request for a Specific Use Permit to allow a real estate office in an RCR-H (Residential Conservation Revitalization -Historic) District at 2597 McFaddin Street BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, Ci Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: April 28, 2015 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a real estate office in an RCR-H (Residential Conservation Revitalization -Historic) District at 2597 McFaddin Street. BACKGROUND SSR Real Estate Investments L.L.C., has applied for a specific use permit to allow a real estate office in an RCR-H (Residential Conservation Revitalization - Historic) District. The property is located at 2597 McFaddin Street. The property was previously used as a dentist office. Parking in the rear yard was accessed by permission of the neighbor to the West. Access by these means is no longer possible, and the property is not wide enough to accommodate a driveway in the side yard. For this reason, staff is recommending approval subject to the applicant receiving a special exception to allow no off-street parking. At a Joint Public Hearing held April 20, 2015, the Planning Commission recommended 8:0 to approve a specific use permit to allow a real estate office in an RCR-H (Residential Conservation Revitalization -Historic) District at 2597. McFaddin and waive the landscaping and screening requirements along the east property line, subject to the following condition: The applicant apply for and receive a special exception to parking requirements to require no off-street parking. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance, subject to the following condition: The applicant apply for and receive a special exception to parking requirements to require no off-street parking. SPECIFIC USE PERMIT APPLICATION ]BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: ` .1-1 ;; ? : c; . i L APPLICANT'S ADDRESS: `i(.4 ! t iiv ;`'%6fl` �4'C �Y% ,=rir (rrl r ? -( `: APPLICANT'S PHONE #: 1 # ��"1� ��"Y''i FAX #: NAME OF OWNER: rO-T' ADDRESS OF OWNER: x, r� l`' i i�! Y lam,> `ii �<<i r� lt.' r! (`:.. LOCATION OF PROPERTY: LEGAL DESCRIPTION OF PROPERTY: LOT NO. . OR TRACT. BLOCK NO PLAT ADDITION SURVEY NUMBER OF ACRES NUMBER OF ACRES For properties not in a recorded subdivision,.submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. `- !%'9T PROPOSED USE:ZONE: ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8'/z" X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN'/2 ACRE.................................................................$250.00 ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE.........:.........................................................$650.00 I, being the undersigned applicant, understand that all ofthe conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be agliered to as amended and approved by City Council. SIGNATURE OF APPLICANT: o DATE: .2�- .-1-7 � SIGNATURE OF OWNER: ` w• (IF NOT APPLICANT) DATE: PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 FILE NUMBER: BEAUMONT, TX 77701 2Z�7� ' 1� DATE RECEIVED: Phone - (409) 880-3764 Fax - (409) 880-3133 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE NET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. Mel W. Shelander Attorney at Law P.C. 245 N. Fourth Beaumont, Texas 77701 (409) 833-2165 Fax (409) 833-3935 Match 27, 2015 City of Beaumont Planning Division 801 Main Street, Room 201 Beaumont, Texas 77701 Gentlemen: I represent SSR Real Estate Investments, LLC to assist it in its application for a specific use permit to have its office at 2597 McFaddin. This office is just basically a one person operation that buys and sells real estate in the area. It is not an office that will have regular traffic, such as a licensed realtor's office. Unfortunately, the building next to him was built 3" from the property line, rather than a normal 5' set back. This leaves 7-1/2' for a driveway in order to have access to his back parking area for 4 spots. I understand this is narrower than the normal width the City requests or requires. The applicant is requesting the variance (permission) in order to be able to use the 7-1/2' as a driveway in addition to the ability to use this building as an office. If the driveway cannot be resolved, the applicant is requesting. an exemptio for the parking requirement for his building. This building was a dental office for many years in the past and my client's expected use will be much less traffic than has been on that property for years. Sincerely,. MEL W. SHELANDER IVVWNI DATE: 3/19/2015 EIGHT CONDITIONS FOR ZONING ORDINANCE ANSWERS ADDRESS: 2597 MCFADDIN ST, BEAUMONT, TX 77702 1. This office will be used only for two persons, will not be a lot of activities to bother the peace and enjoyment of other properties. 2. We will not do any improvement to the property except a driveway. 3. All facilities have been provided. 4. Building has a parking space, we are designing the driveway according to the city code. 5. N/A 6. Any lighting will not be disturbing any neighbors, only our property for the parking and the driveway. 7. Landscaping is only attached at the front of the building, will not be any other landscaping around the building. 8. YES The proposed use is in accordance with the Comprehensive Plan. M c Fa of d i n A -v e Benchmark Designs Proposed Driveway—_ A/C Fd. Ir"n 11S .. " Rnd • v.' w '. Fnd.1 " Iron 0 .. ! side K i Lot 12 N I I Wal Parking j r of Parllon Zj L o 1 1 2 °O 0. 0 9 A r. r e > C5 i 3 o ° 5 "Asphalt I o j Parking i p ' Fndj 1/2° °• Fnd. 1/2" 1 iron] Rod Iron Rod 1 Neighboring 1 Story �_2• N z� [� �...i Building '�tCommerclal Q a- i I b�o � � Lot 12 Bulldirig 1 n=20' m Go • r+ .:®n, j,:. ti !. CC3 Dn•n Ry: R.S. Datc:03-26-15 Rcricivcd& I ! Concrete AppmedRy: TA he applicant apply for and receive a special exception to parking requirements to wire no off-street parking. A 14 � Lot 15 � Lot 16 I ! i I . 1 I sheet W A/C ! i Residual 0 K i Lot 12 N -Asphalt e•,l o.' -,�- Lot 11 Parking j r of Parllon Zj L o 1 1 2 °O 0. 0 9 A r. r e > C5 i 3 o ° 5 "Asphalt I o j Parking i p ' Fndj 1/2° °• Fnd. 1/2" 1 iron] Rod Iron Rod 1 bi) Cd ------'33' — i --- ---- —41.21' ----:----- N z� , > ! Q Residual i b�o Lot 12 1 n=20' Go • r+ ""44"!j !. Dn•n Ry: R.S. Datc:03-26-15 Rcricivcd& I AppmedRy: TA he applicant apply for and receive a special exception to parking requirements to wire no off-street parking. A 14 � Lot 15 � Lot 16 I ! i I 1 sheet l r. ® is In V '� 1� ,; r*� .3•'= °� � [ , ``s� f— _ • � } r t_ry.. £' y. •�y�`- : � 11.)v ice. � � :•- N SCORE END OF CURB SIDEWALK (NT SIDEWALK 9, PROPOSED CP) J,DRIVE yo 1" BOARD EXP. OR 12" EXISTING CURB NOWEXTRUDING (TYP•) PREFORMEDJI,r. . GUTTER LINE - FACE OF CURB SAW & EXPOSE STEEL ON CONC. STREET (MIN, SAW CUT 1-12° DEEP) DRIVEWAY DETAILS & NOTES Comply With the City of Beaumont Public Works Details PRELIMINARY FOR REVIEW 03-26-15 O d Ln Fnd. Iron Pipe In Concrete Concret Drvewa r L i 1 I File 2228-P: A request for a Specific Use Permit to allow a real estate office in an RCR-H (Residential Conservation Revitilization-Historic) District. Location: 2597 McFaddin Street Applicant:SSR Real Estate Investments, LLC 0 100 200 1 1 1 I Feet ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AREAL ESTATE OFFICE IN AN RCR-H (RESIDENTIAL CONSERVATION REVITALIZATION - HISTORIC) DISTRICT AT 2597 MCFADDIN STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, SSR Real Estate Investments, L.L.C. has applied for a specific use permit to allow a real estate office in an RCR-H (Residential Conservation Revitalization - Historic) District at 2597 McFaddin Street, being the northwest 41' x 91' of Lot 12, Block 44, Averill Addition, Beaumont, Jefferson County, Texas, containing 0.086 acres, more or less, as shown on Exhibit 'A" attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a real estate office in an RCR-H (Residential Conservation Revitalization -Historic) District at 2597 McFaddin Street, subject to the following condition: ; and, • The applicant apply for and receive a special exception( to parking requirements to require no off-street parking. WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a real estate office in an RCR-H (Residential Conservation Revitalization -Historic) District at 2597 McFaddin Street, being the northwest 41' x 91' of Lot 12, Block 44, Averill Addition, Beaumont, Jefferson County, Texas, containing 0.086 acres, more or less, as shown on Exhibit "A," is hereby granted to SSR Real Estate Investment, L.L.C., its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following condition: • The applicant apply for and receive a special, exception to parking requirements to require no off-street parking. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations' contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. 2015. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of April, - Mayor Becky Ames - File 2228-P: A request for a Specific Use Permit to allow a real estate office in an RCR-H (Residential Conservation Revitilization-Historic) District. Location: 2597 McFaddin Street Applicant:SSR Real Estate Investments, LLC 0 100 200 1 I I Feet -EXHI-BIT rA N17:Ili1VC-1 I EXISTING BUILDING Ir M M c F a d d i n A v e M Fnd. Iron Pipe Proposed Driveway -.x In Concrete 41.15---- -- --- - -- END OF LURE AT SIDEWALK &DEWALK ITYP.1 q PROPOSED DRNE 1' BOARD EAP. OA 1Q• EKISTIN NON-EMRUDING ITYF') PREFORN,EDJNi. GUTTER LINE TALE OF OVRB GAW 6 E%POSE STEEL CONL. D ST E LUi i1-DEEP)EP) SAWW DRIVEWAY DETAILS & NOTES Comply with the City of Beaumont Public Works Details PRELIMINARY FOR REVIEW 03-26-15 ?S I side i Neighboring w I1Stor i Building I I Commerc al ♦ h x M6fidet' Slab , r1♦ Concrete I Residual VJ Drveway Lot 12 Asphalt Ni Lot 11 Parking of of �> ,, r � I D r. d• Zi D o n.oa E o -o Lot 13 Asphalt Parking V, o Fnd! 1/2,Fnd. > 1/2" Ironi Rod 6.. Iron Rod ----------------- ---------- 41.21' Residual Lot 12 yr I 1„- O �44 �44” I Lot 14 Lot Lot 15 Lot 16 i i I m F— m W 20' 11 April 28, 2015 Consider an appeal of the Historic Landmark Commission's decision to deny the request for demolition and allow new construction at 2104 Pecos TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: April 28, 2015 REQUESTED ACTION: Council consider an appeal of the Historic Landmark Commission's decision to deny the request for demolition and allow new construction at 2104 Pecos. BACKGROUND URS, a contractor for the State's Ike Disaster Recovery Program, appeared before the Historic Landmark Commission on March 9, 2015, requesting a certificate of appropriateness for demolition and new construction of the property at 2104 Pecos. URS had previously applied for, and was granted a certificate of appropriateness to rehabilitate the property. Since that time, URS discovered that the property was a duplex and, according to Disaster Recovery Program rules, only one side of the structure could be rehabilitated. Their solution was to demolish the entire structure and build a new single-family residence on the property. The Historic Landmark commission determined that the structure was in stable condition and demolition was not necessary. The certificate of appropriateness was denied by a vote of 8:0. Following this decision, Planning staff issued a letter to URS, informing them of the Historic Landmark Commission's action, and informed them of their options to either appeal to City Council or rehabilitate the structure. As the rules of the program will not allow them to rehabilitate the structure, URS has elected to appeal the decision. FUNDING SOURCE Not applicable. RECOMMENDATION Denial of the appeal. ,- �� Sic t`d���tii t' k< r 5 a1y � a 5 4.77 ty J -r`` y o'6 `_.^'' y ``•:*�.,.. la c#""�'ars. a h„�`"�� i �,,,.ys, "v t .•-.>.' •-•.'P-""' r „r$y a v. OWE I`. s `^3 j({ .[ 1( p k t+}} y ` ` March 31, 2015 Adina Ward City of Beaumont Planning Division Beaumont, TX 77701 South East Texas Regional Planning Commission Hurricane Ike Disaster Recovery Housing Program — Round 2: Application for Certificate of Appropriateness Application ID: SET205129 2104 Pecos, Beaumont, TX 77701 (Jefferson County) Dear Ms. Ward: On Monday March 9, 2015, the Historic Landmark Commission met to consider a request from AECOM/URS for a certificate of appropriateness for the demolition and new construction of the property at 2104 Pecos in Beaumont. This request was denied. URS previously applied for, and was granted; a Certificate of Appropriateness for this property as a rehabilitation project in July 2014. At that time, the City of Beaumont and the Texas Historical Commission coordinated to find no adverse effect for the rehabilitation work. Since that time, the program found that because the home is a duplex and since this is an owner - occupied program, only the interior of the one side of the duplex, which the homeowner lives in, would be eligible for the program. This would leave potential code and safety issues with not bringing the entire structure up to electrical and plumbing codes. For these reasons, AECOM/URS has determined that the only way to serve the applicant would be to demolish the existing structure and build a new home on the same lot. Based on previous reconstruction projects in the Oaks Historic District, the plans include: • A pier and beam foundation with a finished floor elevation 3'5" above grade 0 Craftsman style columns 0 Roof overhangs of 12" • 6 over 1 windows As with other reconstruction in the district, paint colors would be selected from the approved color palette for the Oaks Historic District and the lot would be fully sodded upon completion of construction. Without approval for the request for Certificate. of Appropriateness for the demolition and new construction of this property, the applicant's home will no longer be eligible for the program. Attached is a signed statement from the Homeowner agreeing to the demolition and new construction of the home in order to continue to participate in the program. If demolition and new construction is approved by the City of Beaumont City Council, AECOM/URS will then coordinate the project with the Texas Historical Commission (THC) under the terms of Section 106 of the National Historic Preservation Act as an adverse effect to historic structures and determine the appropriate mitigation of the adverse effect. At minimum; THC will review the plans for new construction and request digital photo documentation of the existing structure prior to demolition. AECOM/URS requests the City Council to grant this appeal and approve the request for the Certificate of Appropriateness for the demolition and new construction of the property at 2104 Pecos in Beaumont. Please let us know if you need any additional information. Sincerely, Jennifer Mattingly, J.D. Deputy Project Manager AECOM/URS I, Carmen Gama, understand and agree that in order to participate in the SETRPC Hurricane Ike Disaster Recovery Program, my home at 2104 Pecos Street in Beaumont, Texas, will be demolished and the program will build me a new home on that site. I understand the SETRPC and URSJAECOM are seeking a Certificate of Appropriateness from he City of Beaumont to allow for the demolition of my home. Thanks, s ,!— Carmen Gama April 1, 2015 March 11, 2015 UR5COPORAT[}N ATTNADRIENNE VAUGHANCAMPBELL 1021 61ST STREET STE7OO GALVESTON TX 77551 RE: CA -2472 Dear Ms. Campbell: Please be informed that at the meeting of March 9, 2015, the Historic Landmark Commission denied CA - 2472. Any appeal may besubmitted to Beaumont[itvCouncii _ Enclosed isacopy ofthe certificate ofappropriateness. AdknaNard Planner 11 End. ^r Cc Anna Varela, Code Enforcement Officer Katrina Purcell, Zoning Permit Coordinator Boyd Meier, Building Official PLANNING, & COMMUNITY ft DEVELOPMENT W T 408.880.3100 P 4098803133 POBox 38271Beaumont, T%77784 beammontb»zme.goy :S.INapavoa uOjsslwwO3 31HOJsm asya 'da-DVNI IAI OrIINIK"d oN say =aanoxaav �.________���____�---_______e_______ IWYI-� :ajLv(l -X NOI.aPlowaa NOI.IanusSNOa 1lAaN :HaNAoiar mvalzaavJo aufuvNols ONIama3 ZNI�d asaa?)au Ao ad'u PAa,. SSC v=a.Lva `say.M VmNaw "P-�(N/A) auoaa$ as N Naas imabax sVH F-5 Vf a �m NmLvmjOudav Ao asval.Uivaa V ao Jmabau uoa Nosvazr AHAMIS MOI,LIaaV ivria 'Om ?Ia03g IDVRL 210 { •ON loz WOILa msaQ Boaz uaaKam xva . uaomfiN amoxa sl.LvalzaEav /j (uaNMO soN ,U) ZKVN S,ZNvaIZdav acliurJ Sd77 s - � q �� xaNnc�o ao ssauaa� btu ll��wa 3NVu S,uaNnclO Cl o dL 1_,01 �7 - SS.auaaV A.Luaaoua (Imola uo aaA.LasvarId) :aatuaaau a.Lva Z L W a'IId ££T£-088 (60V) :tea M£-088 (60t) (saPoa f4za `0£ aa;d7a'{a) SVXML `J.Nowlivau SKINHZVIudOuad ao a,LV3IAaH2 a vu03 NOI.LvaI'IadSV . ful��cre:ic February 18, 2015 Adina Ward City of Beaumont Planning Division Beaumont, TX 77701 South East Texas Hurricane Ike Disaster Recovery Housing Program -Round 2: Application for Certificate of Appropriateness Application ID: SET205129 2104 Pecos, Beaumont, TX 77701 (Jefferson County) Dear Ms. Ward: URS previously applied for, and was granted, a Certificate of Appropriateness for this property as a rehabilitation project in July 2014. The house is.a duplex in the Craftsman style and was coordinated with the City of Beaumont and the Texas Historical' Commission as posing no adverse effect for the rehabilitation work. Since this coordination, the South East Texas Regional Planning Commission has determined that although- the full exterior scope of work for rehabilitation of this property is covered by the program, we will only be able to rehabilitate the interior of the owner occupied unit. Since the exterior work included foundation repairs, the foundation work will likely result in or exacerbate existing interior damage in the second unit that we will not be able to correct. We will also not be able to bring the house up to electrical and plumbing code if we are only working on half of the interior. For these reasons, URS has determined that the best way to serve the applicant is to demolish the existing structure and build a new house on the same lot. The plans for new construction and site plan are attached. Based on previous reconstruction projects in the Oaks Historic District, the plans include: o A pier and beam foundation with a finished floor elevation 3'5" above grade. O Craftsman style columns 0 Roof overhangs of 12" 0 6 over 1 windows Due -to the proximity of an existing two story garage apartment on the lot, the layout of the home requires the rear entrance to be located toward the rear on one of the side elevations in order to construct an ADA accessible ramp. The ramp runs to the rear of the new house with steps from the side porch landing leading.toward.the -front._ As with other reconstruction in the district, paint colors will be selected from the approved color palette for the Oaks Historic District and that the lot be fully sodded upon completion of construction. If demolition and new construction is approved by City of Beaumont Historic Landmark Commission, URS will then coordinate the project with the Texas Historical Commission (THC) under the terms of Section 106 of the National Historic Preservation Act as an adverse effect to historic structures and URS Corporation 1021 61st Street, Suite 700 Galveston, TX 77551 M determine the appropriate mitigation of the adverse effect. At minimum, THC will review the plans for new construction and request digital photo documentation of the existing structure prior to demolition. Please let us know if you need any additional information. Sincerely, C 6, Adrienne Vaughan Campbell Senior Historic Preservation Specialist URS Corporation URS Corporation 1021 61St Street, Suite 700 Galveston, TX 77551 • ESI � e v °�G9IIE1�� I ODD I aopi Glace UaDRG OM R4 i ©I rd O BEDROOM IIJ O I • r Yd CII O! DI s � ••m m• IC — rd–Y rptK.r e I 'I I I I CORRIDOR I n _ I 6'd m% UTINY ROOM <s m d vWn®e ce x I ' I I I L_J ON r.ID�' rr sd I� BEDROOM Y4 I ill CD �I [e. bC R 0 x F b OVF LNEOFRDDF _TJB INTERIOR ELEVATION 2 VANITY INTERIOR ELEVATION 3 TUB INTERIOR ELEVATION 4 VANITY INTERIOR ELEVATION �JscuE: vr. rd oru�r eue ua seas v.•.,•a• o.—r: oou[rc.]•o Dom]• t I R Imlll I Y a Y LP Ir o i I •q „ Ic i i * y� I, n I , \ 1 r x, J — J L f� UTILITY INT ELEVATION - R ' / ICNEI Ur.9•d C. R. A. �A�"DR,°° M � KITCHEN INTERIOR ELEVATIONS • x 00 E49: II.3}• Y.9f AREA CmA"��f10N5 Y ->i' -� II' -1l' oat�vwlrulx tt 1 M O.H. FLOOR PLAN acuE: ur•,w owls—r Room Nn E R� xxa]r _ x.. waD R,!� 0 11• as wal In• eD f.w �E — R. wm s,ws R ].• ac K �,] .nwm.. leer Ir,IRR RD[ wD In- cD a v nwD°v sa su inunmu ow.oc9, � smo x . u .eoD mama foo wo o.Rs FINISH SCHEDULE FLOOR PIAN KEYNOTES (NOT ALL USED - REFER TO PLANS) ID mm Rwa D[ wa"m aam pm , Yn awrn ❑R • S UODFR, is"w'. R vfx,. o IY.iI, R Po ,RU,[D woo D[e0wo./�. e]iwrto mxa ❑ DR'M nwx w ❑ IP s uq, ED, ia•' ac[ Ulu aa[[ca O anuc'u]"DD„ax'I• .f/. ® sf,w R.� .��. � u I • xu waD exs[Ks '❑° xD.E was e• oc., I.IncD ©e ncxw alw � R w�xn"0R noo4num°o of � z sloo�i ro ani WINDOW SCHEDULE ©[tu,Re rwu x4,u R Val ervoe o n' o.e. Om uj P. nm, aeVa zxuWt p , Rxa / .Dm Ra mwe p Y -a..• -o• Iwo. wsw.nn suss xn[s: is '[i :fwon a'�w[ B[ Om9�iuLCR�ri�-i fm.pic [SRffN NW Nyi1RNs f0'�RR�'IIWI pEs41 uN viT[RN. PUFF N aK,uf 6/n FW N0. .au0.w s4 DnNS. • INTERIOR ELEVATION KEYNOTES ❑' iDe.m�s nw/vortR swva.m. ux 0 esxnnvf wu[nax raR .rnau R' s,w.[b SIFFL LR.O 0.4 o t� �E«�DI J I�ER awl I❑ 4 ❑J RIPDonW swa[is n[D a],e DN 49 O REc[Tnn[ fm 0� (]]ah �„ �,fD_,D� o D R] E ❑3 wll 9ROxc[ ©[i[cmv. n¢E9,.as faa warns ❑0 xMDR O Y0..w D M ❑T W, Wx xt��ni�1f114`ms W 11<M][�maous. o Raa . I.• o � waD 4a,f. O Sus,c ].ww� DDUN,FR ,w ;D; P o D Dw�.,x]R Dfawxa I❑D tt DrvKu RUViKf iM DmiR []»w o,ON • ONR-1i'•nrWn[DEi EL s2Rxa1 DD°`o+w"] olmosiwL o+ °c:m�n xlwp11'ur•]'e']wu � xxro xno sw.eo w'0`xD 4s Rmuwu( norzz cR.D aws ntoawco n xe-I• xe-] wD xc-D ca.Dnwxs FI6ER N� PR RE11-DO TPIMETY6XWELE9�TP. 61TIMI epnen oaoP OMOH�,fYPN� D —PE WORCEOCEKW WP PIDPICAlE0oK116W ^ VnxoOW TNM1GTYP. PPP,IYP. � fOER REwroR[ED �COMINC.SXIRRP6. b CEUFMSNWO,TN. %1 FRONT ELEVATION scuN ,u•o r! .�!S.FLL OREAR ELEVATION CUE. ,m.,! m 1...11• QSIDE ELEVATION n SIDEELEVATION 6C.LLE Ill••,'! pr��l• GENERAL NOTFS 1. THIS PROPERTY IS SUBJL•CT TO ADDITIONAL EASEMENTS OR RESTRICTI01`S OP RECORD. 2 THIS PLAT IS FOR EXCLUSIVE USE BY CLIENT. USE BY THIRD PARTIES IS ATTHEIR OWN RISK. 3. DIMENSIONS FROI•I HOUSE TO PROPERTY LINES SHOULD NOT BE USED TO ESTABLISH FENCES. 4, Tit IS PLAT HAS BEEN CALCULATED J70 CLOSURE AND IS FOUND TO BE ACCURATE WITIIIN ONE, FOOT IN 1,000,000= FEET, 5, THE FIELD DATA UPON WHICH THIS PLAT IS BASED HAS A CLOSURE PRECISION OF ONE FOOT IN 10,000 FEEL' AND AN ANGULAR ERROR OF 7 SECONDS PER ANGLE POINT AND WAS ADJUSTED USING THE COMPASS RULE. 6. Ef1UIPMENT USED: TOPCON APLI TOTAL ROBOTIC STATION. SCALE: I" =301 30" 15' 0' 30' lUV GRAF'FiIG SCALE I - R/w 20' ALLEY l PP N 86°40'39" E 5.00 1 RBF I i 1.0 R/w "— — 1/2"1111F 1. %" a I 2 STO RY APART ME p 15' Mtty RL / a F ' y 25' 1A . 8L ' r to 00� M w C ­GRAVEL a DRIVE z i to = m o VI W Ut 11 2 tj 11 1� AC III / - I EXISTING •• m 1 HOUSETO BE Y OREMOVED o O� 02104/ o PORCH " PPO ?0. w 0 .f w �1 12' BF R/w 1/2"RBF S 86"40 39' W 75-00 :.. "CONC' LEGEND: �p RBF- Rebar rotmd RBS- Rebar Set FP- Feum Pest BOC MAG NAIL- Nlaooctie.Nall . OTF- Open Top Pipe Found CTF- Crimp Top Pipe Found IUNV- Right of Way STREET BL -Building Linc PECOS PA_ Properly Line p SOC-BackofCarL 80.t R/W EP -Edge orravement ' D£- Drainage Eosement SSE- Sanitary Sewer Easement UF, L'titity F-asement -P- Posver Line . BOC j -X- Fence j -D- Drainage EAsement S- Scsvcr Eascrtwgt 811 -Benchmark ' AGAir Conditioning Unit NOTE: WATER METER NOT VISIBLE AREA: 10,500 SF « 0.24 ACRES CR - Catch Basin CO -Sanitary Se»er Cleanout MAP VOL. 1, PAGE 122 1 + PP-PowrPole OWNER: CARMEN GAMA (APP-#SET205129) DEED INSTRUMENT: 2009048710 W11 -Water Meter Ilj ADDRESS: .2104 PECOS STREET -CO.NC-•, Coacmte-- - - .... DK -Deck _._ _ .. .-- _.. -'_---._ ._ _ _ _ _ _ GOVERNINGAUT}10RITV: CITY OF BEAUMONT PA'r- Patio POR- Porch S -Stoop IN MY OPINION, THIS PLAT IS A CORRECT REPRESENTATION OF THE LAND PLATTED AND BM- Benchmark HAS BEEN PREPARED WITHIN THE MINIMUM STANDARDSAND REQUIREMENTS OF LAW, SURVEY FOR: CARTER LAND S.E. TEXAS REGIONAL if PLANNING COIEVIISSION. SURVEYORS AND PLANNERS q4is E. I 5 ' SUBDIVISION: PARKDALE ADDITION 2780 Peachtree Industrial Boulevard LOT. 12 & EAST IP_ OF 1 I BLOCK. 9 Duluth, GA 30097 D 1. CITY OF BEAUMONT Ph: 770.495.9793 JEFFERSON COUNTY, TEXAS Toll Free: 866.6373048 FIELDWORKDATE: 072/12015www.carterland.com Cy °"Os stgNt` OQ DRAFTED BY: GS FIELD CREW: AS �+v ft suav 2015010346 SETRPC URS FIRM LICENSE: 10193759 �R APPIACX110N FORA CF,RTLvICATE ()-F APPROPRIATENESS BEAMM0 N % TEX-S (Chapter 30, C -W Codes) (4-09)880-3764 - -FAx: (409) 880-3133 RECE7ED: DAAB (PLEASE TYPE OR PM -1) I. ROPER Re -as 0W1'4BR'8NA-TvlE e�OfMf-0 A DDRESS 07 OWNER z2f QqPeCts 's -AMICAINT'S NAME (H NOT OWNER) A.MaCANT'S P1101-0- NUMBER -1(09 - _LR(5te FAX W-IMBER LEGALDESCIRPrION: LOTL O. OR TRACT— BLOmm). FMT ADDITION SURV i Y— REASON FOR REQUEST OFA CERTMCAM OF APPROPRIXM."'TESS: Lie -4!!5 C EU',S R AZ. AYES, OF PXQW-ST-, J>A,�-N— -UCTION L NEW CONSTR DEMOLITION FENCING -NEOUS VffSCELLA SIGNATURE OF APP 11CA NITIO WZ'MP-- APPROVED: YES NO ze) L-- July 24, 2014 Adina Ward City of B mumont Planning Division Beaumont, TY 77701 South East Texas Hurricane Ike Disaster Recovery Housing Program -Round 2: Application for Certificate of Appropriateness Application ID: SET205129 2104 Pecos, Beaumont; TX 77701 (Jefferson County) Dear Ms. Ward: URS is applying for a Certificate of Appropriateness to make repairs to the house located at 2104 Pecos in the Oaks Local Historic District. The major exterior changes proposed in the scope of work are: o Replacement of composite shingle roof in kind. o Repair of siding, selective replacement to match existing where missing, deteriorated or damaged beyond repair. Repair of trim, selective replacement to match existing where.missing, deteriorated or damaged beyond repair. Repair cast top plate on front porch. Replace rear precast concrete steps with wood stairs. D Foundation leveling and reinforcement. e Refurbish 1 wood door. ® Exterior painting. Colors have not been selected at this time, but homeowner will be given choice of pre -approved colors for the Oaks District. ® Light landscaping in the form of new sod and mulch. URS is also coordinating the scope of work with the Texas Historical Commission under the terms of Section 106 of the National Historic Preservation Act_ We submitted the scope to them with the determination that it would pose no adverse effect to historic structures, and we expect that they will concur with that determination. Under the programmatic agreement for this program, URS historic preservation staff will meet with the contractors before work begins, monitor the work during construction and document the completed work to ensure that it meets Section 106 requirements. Any adjustments to the scope during construction that pertain to the historic preservation standards and guidelines will be brought to your attention as well as the attention of the THC for additional review. ` URS Corporation 1029 614 Street, Suite 700 Galveston, TX 77551 Please let us know if you need any additional information. Please also let us know if the proposed work can be approved administratively or if we will need to present the scope at the next commission meeting. URS Goryoraiion 102161 Street, Suite 700 Galveston, TX 77551 alist BEAUMONT, TEXAS HISTORIC SITES INVENTORY FORM - BEAUMONT HISTORICAL LANDMARK COMMISSION UEF 1. County JEFFERSON City/Rural BEAUMONT BMT 2. Name Address 2104 Pecos 3. Owner Saumer, Andrew Ronald Address 980 Lockwood Drive Beaumont, 77706-5548 4. Block/Lot Parkdale Lot 12 Block 9 SE 2-3 10. Description: 5. USGS Quad No. 3094-111 Site No. 872 6. Date: Factual Est. c. 1930 7. Architect/Builder % Contractor 1 8. Style/Type Vernacular Craftsman 9. Original Use DOMESTIC/Single Dwelling Present Use DOMESTIC/Multiple Dwelling One story frame structure.. Hip roof -covered-with asphalt shingles. Overhanging eaves, exposed rafters. Gable front dormer with louvered vent in gable. Two sets of three one -over -one sash. Recessed portico with two wood panel doors and two one -over -one sash. Wood porch. Brick pilasters. 11. Present Condition The roof is deteriorating. The house needs to be painted. 12. Significance: The structure is an example of multiple housing built in the 1920's and 1930's in Beaumont. 13. Relationship to Site: Original Moved Date (Describe Original Site) 14. Bibliography 15. Informant 16. Recorder S. Skarbowski Date 06-19-90 PHOTO DATA Black and White 35 mm negative YEAR DRWR ROLL FRME ROLL FRME 90 11 1 28 to m l VIEW: RECORDED BY: S. Skarbowski DATE: ORDINANCE NO. ENTITLEDAN ORDINANCE CONSIDERING AN APPEAL OF THE HISTORIC LANDMARK COMMISSION'S DECISION TO DENYTHE REQUEST FOR DEMOLITION AND ALLOW NEW CONSTRUCTION OF 2104 PECOS STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, in July 2014 URS, a contractor for the State's Ike Disaster Recovery Program, applied for and was granted a Certificate of Appropriateness to rehabilitate , property located at 2104 Pecos Street; and, WHEREAS, URS discovered that the property was a duplex and, according to Disaster Recovery Program rules, only one side of the structure could be rehabilitated; and, WHEREAS, on February,1 9,2015, URS applied fora Certificate of Appropriateness to demolish the entire structure and build a new single-family residence on the property; and, WHEREAS, on March 9, 2015, the Historic Landmark Commission voted 8:0 to deny the Certificate of Appropriateness for the demolition and construction of a new single- family residence at 2104 Pecos Street; and, WHEREAS, the City Council is of the opinion that the Historic Landmark Commission's decision to deny the request for demolition and allow new construction of 2104 Pecos Street is/is not in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, THAT an appeal of the Historic Landmark Commission's decision to deny the request for demolition and allow new construction at 2104 Pecos Street is hereby granted/denied to URS, its legal representatives, successor and assigns. 2015. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of April, - Mayor Becky Ames - 5 April 28, 2015 Consider approving a resolution accepting the Automated Metering Infrastructure and Leak Detection project and authorizing final payment a TEXAS TO: City Council FROM: Kyle -Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: April 28, 2015 REQUESTED ACTION: Council consider a resolution accepting the Automated Metering Infrastructure (AMI) and Leak Detection project and authorizing final payment in the amount of $425,114. BACKGROUND The City entered into a performance contract with Johnson Controls, Inc., on September 27, 2012 and issued a Notice to Proceed on February 21, 2013 for a project to install an Automated Metering Infrastructure (AMI) and Leak Detection in the City of Beaumont for reading water meters and identifying leaks in the meter. The project included replacing 29,644 5/8" water meters installed prior to 2006 and retrofitting the existing 5/8", 1", 1.5", 2" and select large meters with the appropriate register from the original water meter manufacturer compatible with the Itron AMI system, in addition to a permanent leak detection system. FUNDING SOURCE Capital Program. The total project cost is $15,300,295. Payments made to date to Johnson Controls, Inc. total $14,875,181, leaving a balance of $425,114. RECOMMENDATION Approval of resolution. CERTIFICATE OF FINAL COMPLETION PARTIES JOHNSON CONTROLS, NC.,(JCI") 3021 West Bend:Drive. Irving, TX 75063 and CITY OF BEAUMONT ("Customer°) 801 Main Street, Suite 100 Beaumont, TX 77701-3548 PROTECT': .City of Beaumont, Performance Contract.dated September 30 , 2012 between JCI and Customer By executing this Certificate .of Final Completion, Customer acknowledges the following: a. The work set forth. in the Performance Contract has been reviewed and determined by Customer to.be fully complete b. Customer accepts the workas complete and hereby releases JCL's obligations under any performance and payment bonds posted: for:the:project as of the date set forth below. Dated April 21, 201'5. >CUSTOMER: Signature: Printed Name:. JOHNSON CONTROI.:S, IN. C. Signature_ Printed Name: Justin Raner Title:. Title:. Houston. Market Tear Operations Manager APPLICATION AND CERTIFICATION FOR PAYMENT AM DOCUMENT: G702 Total changes approved in previousmonths by Owner Paget of TO OWNER: City of Beaumont PROJECT: W-US006 APPLICATION NO: 24 Distribution to: 801 Main Strcet PROJECT MOR: Ju:;tin Raner FEDERAL ID: 39-0380010 =OWNER Bc;aurnont, `t'x 7770°1 PERIOD TO 21 -Apr -'15 FROM CONTRACTOR: VIA ARCHITECT: INVOICE%NO: 377818913 Johnson Controls. Inc, R:EWI T`i`O: INVOICE! DATE: 21 -Apr -15 CONTRACTOR'S APPLICATION FOR PAYM-E Application is made for payment, as shown _below, in connection with the Contract. Continuation Sheet, AIA Document G703, is attached, 1. ORIGINAL' CONTRACT SUM 2. Net change by Change Orders 3. CONTRACT SUIvt TO DATE (Line 1.# 2) 4. TOTAL COMPLETED &STORED TO DATE (Column G on G703) 5. RETAINAGE: a % of Completed Work (Cohmin D + E onG703) b. % of Steed Material (Column,F on G703) Total Retainage (Lines 5a.+ 5b or Total in:Coluini 1.ofG703) 6. TOTAL:EARNED LESS RETAINAGE (Line 41ess Line 5'Total) 7. LESSTREVIOU'S CERTIFICATES FOR from PAYMENT (Line 6 prior Certificate) S. CURRENT PAYMENT DUE S 14,4874402. S '812,893 S 15,300,295 Is - 15;30(1,""295 $ 0.0a $ 15,300,295 14,875.181 $ 425,119: 9. BALANCE TO FINISH, INCLUDING RET:UNAGE $ 0 (Line3 less Line 6) E i Total changes approved in previousmonths by Owner 5606.962;00 $0,00 Total a" roved this Month 8205,931,14... '50M- 0:00..TOTALS: TOTALS, 58:12,893:14 $0.00 NET'CHA\AGES by Change Order, $812,893.14 NOS: 2PN'N-0007 20 -o-0104 vo i The undersigned Contractor certifies that to the best ofthe .Contractor's knowWge, information and belief theWork covered by this Application for Payment has'been completed ui,accordance With the Contract Documents, that all amounts have been paid by the ContractorTor Work for which previous Certificates for Payment were issued and payments reccived'frotn the0wner, and that current payment shown hcreinis,now due. JOHNSON' CONTROLS; INC. By: _ ` y ' ' Date d State: :Texan County of: Subscribed and'sworn to before me tuns day of Notary Public: NlyCommission expires: comprising the apphcation;:the Owner: Owners's knowledge, inforination and the quality of the Work is,in accordant is entitled to payment of the AMOUN' ou-site. observations and the:data lest of the has progressed as indicated, i•act Documents. and the Contractor AMOUNT CERTIFIED . ....... • ...... • .. .. ... S (Attach explanation if amount certified deers front the amount applied. Initial all figures on this Application•and onthe Continuation Sheet that are changed to conform with the atnount certified.) City of Beaur ont Tetras By: Date: This Certificates not negotiable; The AMOUNT CERTIFIED is payable only to the Contractor gamed herein, Issuance, payment and acceptance of payment are .without prejudice to at y rights ofthe Owder or Contractor under this Contract. AIADOOUMENT 0702.-APPLICATION'A40 CERTIFICATION FOR PAYMENT - 1992 'EDITION - AIAZ- C)19V THE 'AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW-YORKAVE;•.N.W.• WASHINGTON, Do 2M-5292 Users may obtain validation of this document by requesting a completed AIA Documeint:C1401- Certification of,Document's Authenticity from the Licensee.. CONTINUATION : SHEET IIIADOCIMEYN'TG702 PMe 2 of 5, AIA Document CY701 APPLIC.PaIONAND CERTIFICATION FOR PAYMENT. contairulliz JCEPROJECT NO: 2PYN-0005 APPLICATION NO: 23 Contrado6sigipd certifi6don is athoht&JCI INVOICE NNO: APPLICATION DATE: 21'atpr-l3 Im tabulatiam below; amounts are stal:W-to the nearwt: adflan'. I PERIOD TO: l Use Cott= I on Cont=ts where variable retain4gc for Uno i1cmalziaYapply. A B C F Q H WORK COMPLETED MATERIALS TOTAL ITEM SCHEDULED PRESEN PRESENTLY COMPLETED M BALANCE, Mote 3 FRA0P1PvfLFrCAETV1I001N NO. DESCRIPTION OF WORK VALUE THIS PERIOD: Shipped to Date STORED AND STORED (G C) IISH TOFIN Iiistalls I (NOT.IN TO DATE (c q) CLUTerit D OR III) (D+E+n Month 1 Previously Billed Development -Costs $130,000,00 130,000 130,000 100% 0 2 JCI Mobilization $400,000.00 400,000 400,000 100% 0 3 ltron Wbfflzati6n $250'000.00 250,000 250000 100% 0 4 Bronco Mobilization $300,000.00 :300,000 30b:00b 100°h 0 s 32;4.87 ERT Encoder Modules (Radios) $ $,354,302,00 3.3.54,302 3,3-64j302 100% 0 �i %743 Leak Sensor Modules (Radios) $ 1,407,883.06 1,407,333 1,407,333 100% 0 7 43,231 Remote Mount Antehm( $ 11660,468100 11060,468 11060j468 100% 0 ia 43,;31 Cable Whine Connector $ 717,035.00 7.17-035 7117,086 100114 0 54 Leak 06tector Mounting.Kh $ 16,470.00 16,470 1-6470 100% 0 le 2 Collector 100 Cell $ 14j364,00 14,364 14,364 100% 0 11 21.abor 3 116',604 PO 116,684 116j694 1100% 0 42 3100;Tower $� 605o'00 5.4.' 1 W 541150 100% 0 13 3.L'866r $ 178,023.00 1'18;023 178,100 1000% 0 14 28 Repeater Direct Mount $ 128i912.00 129,912 128912 100% 0 15 Uibor $ 204,000.00 204,000 204:000 100% 0 16, 1 Repeater Remote, Mount $ 4,820.00 4,00 44820 10.0% 0 17 Labor $ 7,150,09 7,150 7,150 10.00/0 0 18 1 FC 1300 Blue Tooth/Single.Doo $ 4,480V00 4,480 4,480 100% 1 0 0- 1 FC.300 Single, Dock,includes Power Sup $ 600 600 10 0% a 20 1 Zcorr Logger Kit $ 13,140.00 13,140 13,140 100%0 21 I'DLD Audio.Processor $ 4,024.00 .4,024 4.1024 1,60% 0 22 1. ltron Data Analvtic6 Software $ 45,000.00 45,000 45j000 100% 0 n Wipgonline Hotted Service $ 11,500.00 111 , 5.00 1..1,500 1.00% 0 2d Billing Interface $ 16j367.00 16j367 16,367 100% 0 25 Hardware Server $ 20,034.00 20,034 20,034 100% .0 26 Project. Mangt/Training/Travel $- 1601541,00 154,054 .6,487 1.60i541 100% 0 27 Software Implementation andi'training $ 70,600 ki3o 78,750 100% 0 28 29,644- New 518 X,3/4 Meters $ .2,786,536.00 2,7$0,536 2,786,53.6 100% 0 29 Installation , 3 � i 644- W0 X 314 M 29 ei�r lfittaijon $ 770,744.00 761,254 9,490 770;,744 100% 0 3o 6,789- 5/8 X:3/4,. Retrofit Meters I I $ 49559700' 495,597 05597 1,0, 9/6 Q 0 31 bfit installation 617891- 5/8, Retrofit $ 176:54i00 176,514 176:514 100% 0 32 4,379-1" Retrofit Meters 4;379-1" Retii6fit I rist4a.tion 28405:00 $ 113,854.00 284,636, 80,991 32,863 284,635 113,854 100% 100%� 0 0 33 34 95'1-1 1/2" R&bfit:Meters $ 61,815.00 61,815 10 1 5 61,81'5 100% 0 35 95.1-1 . 1/Z Retrofit Insta I Ilation $ 37,089.00 68 31,668 5,421 31.089 100% 0 36 11,206-2" Retrofit, Meters $ 130,348.00 1.10,348 130,348 100% 0 r 1i206-2" Retrofit installation $ 47,034.00 47,034 47;034 100% 0 40;- 3" Compound Meters 40- Zi" Mete I � Installation $ 85;280.85;280.85;280.80 $ 66,720100, 85'* 66720 85,280 66.720 1.00% 100% 0 0 3s 40 8., 8" Turbine Meters t 8:704,00 $1,704 81104 100% 0 41 8-3' Turbine Installation $ 6;240.00 6,240 6,2.410 10.0%. 0 42 24- 3" Retrofit Meters S 30,300,00 30,3100 30,360 100% 0 43 14- 4" Compound Meters $ 36,512.100 36,512 36,512 160% 0 M 114- 4"Meter-Install6tioh $ 20,468.00 9 20,468 20,468 100% 0 45 1- 4" Fire Service Meter $ 8,364,00 '8,364 8,364 100% 0 46 1- 4" Meter Installation $ 6,6206 6,618 6'628 100°l0 0 47 Z 4" Turbine Meters $ 2,618.00' 2,618 2;618 100% 0 48 2-:4" Meter.installation $ 3,250.00" 3,250 3250 100% 0' 43 12.4" Retroft Meters $' 12;100:00 12,100 1.2;1.00' 100% 0 5o 5-:6" Compound Meters'; 23,030.00 23,030 23,036 100°l° 0; 54 5- 6`' Meter Installation' $ 12;500,00' .12,500 12,50.0 100% 0'. s2 90 6" Fire Service Meters $ 65,784.00 65,784 65;784 100% 0 ss 9- 6" Meter Installation $ 17,700:00. 17,700 17;700 100% 0 34 20 6" Turbine Meters $ 5;26U0 5;260 5,260 100% 0 s5 2- e' Meter Installation 11500.00 11500 1,500 100%; 0 56 23-6" Retrofit Meters$ 12;0¢0.00 12,000 12;000 100% 0 57 1- 8" Turbine Meter $ 2;£360,00 2X0 2;860 100% . 0 55 1- 8" Meter Installation $ 2,080.00 2;080 2,680 100% 0 39 Project Management ($28,126 a month) $ 450;000.00 .131,804 18,196 450;000 100°G 0 6o 1-2" Neptune Horizontal Turbine $ 423,00 423, 423 100% 0 6z 1-1,1/2,Neptune HP $ 1,200:00 1,200 1;200 100°!0 0 ,iz 1- Neptune 1 1/23-10 PO $ 600.00 600' 600 100% 0. 14;487,402 1 14,382,095:1 1:05,307 1 i o 1 14,49.7.402.1 1rX�'51a1 0 1 o CONTINUATION SHEET AIA DOCUMENT G702 Page 3of5 Contractar's signed certification i&attached. In tabulations below; amounts are stated to the nearest dollar. Use Column,I on Contracts where variable retainage, for line items may apply. JCI 1NVOICF., NO: 37815913 APPLICATION DATE: 21-Apr=15 PERIOD TO: 2l -Apr -15 A B C D E F. G H; I WORK COMPLETED MATERIALS TOTAL ITEM SCHEDULED Shipped COMPLETED 1 BALANCE Meter FROM PREVIOUS NO, DESCRIPTION OF WORK VALUE APPLICATION THIS PERIOD to Date AND STORED (G .;_ C) TO FINISH Installs (D + E) TO DATE (C - G) Cun cnt (D+E+F) Month ange. Order 64 1283- New 1" Meters 291,121 291.121 291,121 100% Q 65 1283- New 1" Meter Installations 9$,225 2=1,600 71-625 96,225 100% 0 66 Credit for 1283 1" retrofits ('165,9.35) (165,935] (165,935) 100% 0 67 134 - New 1.5" Meters 81,674 8 1,674 8.1,674 100% Q 68 134- New 1.5" Meter installations 16,750 2;403 14,347 16,750 100% .0 69 Creditfor 134 1.5"'retrofits (19;`117.) (19,117) (1.9,1,17) . 100% 0 '70 389 - New 2' Meters 252,850 2:52,950, 252,850 100% 0 71 389- New 2" Meter Installations 108, 91 1.9,233: 39,658 108,891 100% 0 7i. Credit for 389.2" retrofits {55,497) (55,4417) (55,497) 100% 0 SUBTOTALS: 15,094,364 _ 14,813,427 _ 280,937 0 15 094,364 100% 0 0. uAQI D IIIRy muLQ111 YQIIug11u11 ul MR), 11uGu l llnlfi uy-I U4llC 1,1119 ul ulr ncellbV d'c(7jnpteWa AiA uvcumeni U4u"1 Cerartcation ot.uccumenTS Hut:nenumEy Contractbes'signed certifteat on is attaclied. In tabulations below, amounts are stated tothe nearest dollar. Use Column I on Contracts where variable retainage for line items mai" apply; AIA DOCUMENT G702 1CI I'wOTCE NO: APPLICATION DATE: 21 -Apt• -I5 PERIOD TO: 21 -Apr -IS A B C D E F G H i WORK:COEWLETED 'NIATERIALS TOTAL ITEN1 SCHEDULED PRESENTLY COMPLETED "'o BALANCE Meter 'FROMPREVIOUS N0:: DESCRIPTION OF WORK VALUE APPLICATIdti THIS -PERIOD STORED ANT) STORED (G + C) TO FINISH Installs (D +E) (NOT IN TO.DATE (C - G) Current U OR E) (D +F) Month Change Qrder Field Condltion'Change Items 72 5/8"X3/4"-1" Dig:up Box 140;856 140,855 140,856 1000/0 0 73 5%8"X3/4"- 1" Replace Box 32;380 3 ,380- 32,380 100% 0 74 6/&%3/4,,- 1" ke=plurnbi 18,700 18,700. 18,700 100% 0 75 5/8"X3/4"- 1" Replace Curb Stop 11,100 11,100 11,1.00 1:00%0 0 76 1:5" - 2" Dig up Box 15,513 15,513 151,513 1,00%a 0 77 1;5" - 2" Replace, Box 6,933. 6,933 6;9.33 100% 0 78 1.5' 2" Re -plumb 700. 700 700 1:00%d 0 79 1.5 - 2" Replace Curb Stop 333: 333' 333 100% 0 Replaced oamaged.EgUipment so Replace Damaged Registers 23;819 23,819 23,818 100?o 0 si Replace. Damaged Antennas 5,339 5,339 51339 1.00% 0 82 Replace Damaged ERT's'302 6;248 E3,248 6;248 100% D 83 ma Replace-Daged ERT's,303 3;833 $833 3,833 1'00% 0 Changes in Meter Scope 5t8" X 3/4"' E hange Water Met (97,061) -07;061 (97;061)1-009/0 0 5/8" X 3t4" Retr fit VitaterMeters 57,333 57,333 57;333 100% 0 1" Exchange Water Meters (8,453) -8453 (8,453) 100% 0 V Retrofit Water /meters 46;689 46,688 461.688 100% 0 1.5" Exchange Water Meters (3,673) (31672) (3,672) 100%% 0 1.6'' Retr5tit Wat& Me ers 4,566 4,565 4;565 900%0 0 2" Exchange VNIater Meters (69, 74 i.) -69,745 (69,745) 100% 0 2" .Retrofit Water Meters 43,372 431372 43,372 10.0% 0 Large. Meter Deduct City Installed 3"'Compound Meters (19,710); -19710 (19,710) 100% 0 3' Turbine Meters (4,380) (4,380) (4;380) 100% 0 4" Compound Meters (10;950,) (10,950) (10,950) 100% 0 (,ur1iPUUr1U rruilrr barye ivreter sow 3040 2,19.0 2,190 2,190 100% 0 SUBTOTALS: 1b,3UU,'L9 5 14,bl,J,421 4db,bfjb U „15,3UU,24b 1UU;UU% ., U, U .45CIS Indy U14-vam valluatlyn 01 [AIS UUjumenG-uy regw:*un9 01 we nuen5e-a wrnpwteu H1H UQcumen[ U4u'1 - l;eRilca[IOn Or w9cumenL:s Auinenncity RESOLUTION NO. WHEREAS, on September 25, 2012, the City Council of the City of Beaumont, Texas passed Resolution No. 12-225 authorizing the City Manager to execute a Performance Contract with Johnson Controls, Inc., in the amount of $14,487,402, for installation and implementation of an Automated Metering and Leak Detection Infrastructure for the Water Utilities Department; and, WHEREAS, on August 26, 2014, the City Council of the City of Beaumont, Texas passed Resolution No. 14-181 authorizing Change Order No. 1, in the amount of $606,962, for replacement of one thousand two hundred eighty-three (1,283) 1" water meters with a credit for register retrofit of one thousand two hundred eighty-three (1,283) 1" meters; replacement of one hundred thirty-four (134) 1.5" water meters with a credit for register retrofit of one hundred thirty-four (134) 1.5" meters; and, replacement of three hundred eighty-nine (389) 2" water meters with a credit for register retrofit of three hundred eighty-nine (389) 2" meters, thereby increasing the contract amount to $15,094,364; and, WHEREAS, on April 7, 2015, the City Council of the City of Beaumont, Texas passed Resolution No. 15-066 authorizing Change Order No. 2, in the net amount of $205,931.14, to dig up, replace, or re -plumb eight thousand forty-nine (8,049) existing meter boxes; replacement of equipment damaged after installation; and, final reconciliation of meter replacements and retrofits, thereby increasing the contract amount to $15,300,295.14; WHEREAS, Johnson Controls, Inc. completed the Automated Metering Infrastructure (AMI) and Leak Detection Project on April 21, 2015 and passed inspection from the City of Beaumont Finance Department; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the Automated Metering Infrastructure (AMI) and Leak Detection Project be and the same is hereby accepted; and, BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of $425,114 to Johnson Control, Inc. 2015. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of April, - Mayor Becky Ames - PUBLIC HEARING * Receive comments from applicants for Public Services and Public Facilities Program funding from the 2015 Community Development Block Grant Program BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager 0 (13 PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: April 28, 2015 REQUESTED ACTION: Council conduct a Public Hearing to receive comments from applicants for Public Services and Public Facilities Program funding from the 2015 Community Development Block Grant Program. BACKGROUND Applicants for Public Services and Public Facilities and Improvements funding will have the opportunity to present details of their applications. FUNDING SOURCE U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant funds. RECOMMENDATION Council conduct the Public Hearing. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2015 APPLICATIONS RECEIVED Submitted; Organization Address Contact Person Phone Number Amount Requested 2/12/15 , AARP/Experience Corp. 2210 Eastex Freeway (03) Stephanie Pearson 924-7905 20,000 1/8/15 Anayat House Inc.., 1025 N. I e Street (02) Bel Lamb 833-0649 8,500 2/13/15 1"CASA 2449 Calder (02) Christopher Kirksey 832-2272 .20,000 2/13/15 Catholic -Charities of SETX 2780 Eastex Fwy. (03) Carolyn Fernandez 924-4412 '9,275 2/13/15 Child Abuse & Forensic 810 Hospital Dr. #190 O1 Brenda Garison 832-0421 20,000 2/11/15 Family Services of SETX 3550 Fannin (01) Janet Walker 833-2668 20,000 2/11/15 ,Girl's Haven/The Erhart School 3380 Fannin (01) L n Ho (Mr.) 839-8200 10,945 1/20/15 Henry's Place/Some Other Place 590 Center (04) Paula Oneill 832-7976. :,16,000 2/13/15 _ ; Hope Women's Resource Clinic * 3740 Laurel Ave. (07) Jada Kam 898-4005 23,915 2/13/15 1 IEA — Inspire, Achieve, Encourage 20 N. 11th (02) Angeli ueca Avery 839-8778 10,000 2/13/15 ;Julie Rogers "Gift of Life" 2390 Dowlen Rd. (06) Norma Sampson 833-3663 10,000 2/11/15 Nutrition & Services 4590 Concord (03) Elaine Shellenber er 892-4455 17,345 2/13/15 S.I.S.T.A.S. (Mind, Body, Spirit), * 5690 Catherine.(08) Sharlene Rhone 201-1489 18,180 .2/11/15 'Steps Along The Way, CD Ctr., * 1178 Ave_ A (01) Adrian Hopkins 673-9963 7,500 1/28/15 1 Southeast Texas Family Resource Ctr. 2060 Irvin (01) Paula Hall 833-4155 20,000 2/13/15. ... 1, Southeast Texas Food Bank P. O. Box 21012 (77720) Daniel J. Maher 839-8777 8,530 12/12/15 1 Spindletop Center 2750 S. 8 (O1) Robin Meek 839-2233 . 5,550 2/13/15 Tender Loving. Care/Leac CDC 620. Pearl (0 1) Vivian Ballou 832-2723 20,000 2/13/15 i The H.O.W. Center 2509 Cable (03) Daniel Jeans 832-7102 12,750 12/11/15 The Salvation Army 2350 IH -10 East (03) Captain Alan Gonzalez 896-2361 36,000 12/13/15 YWCA Beaumont 700 North (01) Bridget Johnson 899-1011 -20,000 1 Total Requests $334,490 *Has never been funded with CDBG Summary of Proposed Activities Submitted for 2015 CDBG Funding AARP/Experience Corp. $20,000 - Funding will be used to reimburse the salaries of staff/tutors that participate in a mentoring and tutoring program for BISD elementary school students from low/moderate income households. Anayat House, Inc. $8,500 Funding will be used to reimburse the utility expenses (electrical, gas and water) for the medical hospitality house that accommodates families during medical crisis. 57% of the guests are from low/moderate income households and are unable to pay the nominal nightly suggested donation of $20.00. CASA $20,000 Funding will be used to reimburse the costs to rehabilitate their office building. This agency serves as an advocate for children who have entered the foster care system due to abuse, neglect or abandonment. Catholic Charities $9,275 Funding will used to reimburse the cost to provide a free income tax preparation services through the Volunteer Income Tax Assistance (VITA) Program of their Asset Building Case Management Program. These expenses include but are not limited to personnel costs, allocated management and general expenses, printing, materials and supplies, and volunteer training. Child Abuse and Forensic Services $20,000 -Funding will be used to reimburse a portion of salary costs associated with the on call services and examinations provided to low/moderate income victims of sexual assault after hours and weekends. Family Services of Southeast Texas - (HOMELESS PROVIDER) $20,000 Funding will be used to reimburse operating expenses, including care of building and grounds, utilities, office supplies and household supplies for the shelter that houses victims of domestic abuse and their children.- Girl's Haven/The Ehrhart School $10,947 Funding will be used to purchase a 16' x 24' portable stage that will enhance the overall educational experience of our students that are economically disadvantaged. Henry's Place/Some Other Place — (HOMELESS PROVIDER) $16,000 Funding will be used to pay for operational costs at a facility that serves homeless, mentally disabled persons. Costs to include: assistance with utility bills, repair/maintenance of equipment, office/custodial supplies, salaries and professional fees. Hope Women's Resource Clinic $23,915 Funding will be used to purchase and replace seven (7) air conditioning units for the . clinic that provides services to low to moderate income clients that that are in a crisis or unplanned pregnancy. I.E.A. (Inspire, Encourage, Achieve) $10,000 Funding will be used to pay for transportation expenses associated with transporting youth to weekly individual group mentoring sessions, supplies for job training sessions, and uniform attire for youth to wear during site visits to businesses that provide opportunities for youth to acquire j ob readiness skills. These youth are under the supervision of the Jefferson County Juvenile Probation Department and are at -risk of delinquency. Julie Roger's Gift of Life Program $10,000 Funding will be used to purchase educational literature and materials, anti-smoking curriculum and presentation materials, literature outreach bags, healthy lifestyles flyers and pamphlets for youth, and nutrition tips to a healthier life and items to facilitate healthy behavior reaching low to moderate income youth and other individuals. Nutrition and Services for Seniors $20,000 Funding will be used to reimburse a portion of the purchase of a meal delivery van for the Meals on Wheels Program which provides a hot meal to the homebound senior citizens of our community that are low to moderate income. S.I.S.T.A.S. $18,180 Funding will be used to purchase food, personal clothing items (gloves, hats, socks, sweaters, coats, scarves blankets/throws) for the homeless population during the colder winter months and to provide assistance with utility bills for the low to moderate income individuals. Steps Along The Way Community Development Center $7,500 Funding will be used to purchase computers, science and mathematics software that will be used for a program that will tutor and/or train students from low to moderate income households. Southeast Texas Family Resource Center $20,000 Funding will be used to facilitate an after-school and summer enrichment program, building and vehicle maintenance costs and repairs, supplies for the Jazzy Seniors Program, costs to include (health screenings, family activity nights, food distribution, and resource referrals, kitchen supplies, and paper/plastic goods). Funding will also enhance educational programs, computer literacy (ink/paper, educational & learning software and copier machine toner), GED library (books, books on tape, music and equipment). All services provided to benefit the low to moderate income areas of Beaumont. Southeast Texas Food Bank $8,530 Funding will be used to purchase food that will be distributed to low to moderate income diabetic clients in Beaumont. This program will provide food designed to emphasize healthy eating alternatives such as low sodium, low sugar, and whole wheat substitutes. Funding will also. help to partially pay for the quarterly stipend ($750) required of agencies accepting placement of a VISTA worker through Feed Texas. Spindletop Center $5,550 Funding will be used to purchase monthly and daily passes for consumers to use with the Beaumont Municipal Transit Service. The consumers are low to moderate income and suffer from mental health issues, substance abuse and intellectual developmental disabilities and need transportation to and from treatment centers and personal business appointments. Tender Loving Care/Legacy CDC $20,000 Funding will be used to cover the costs of the 8 hour certification course required for 1" Time Homebuyers and portion of the salary for a full time Counselor to provide hands on financial and credit counseling to low income families and residents of Beaumont that desire to purchase a permanent home. The H.O.W. Center — $12,750 Funding will be used to renovate a facility that houses and provides educational opportunities, job training and other services to low to moderate income men who are recovering from substance and/or alcohol addiction. Project consists of replacing the existing A/C and heating units for Dorm #1, #2, and 43. The Salvation Army - $36,000 Funding will be used to assist clients with rent and utility payments, shelter food and transportation costs for the shelter that houses homeless individuals and families. YWCA Beaumont $20,000 Funding will be used to assist middle and high schools students with reading and math comprehension issues through the D.I.A.L. Program. Costs to include: program supplies, classroom rental costs, printing costs, snacks, and a portion of the tutors' salaries. CDBG 2015 Applicants for Public Services/Public Facilities Community Public Services/Housing/Educational I. AARP/EXPERIENCE CORP. $20,000 Funding will be used to reimburse the salaries of staff/tutors that participate in a mentoring and tutoring program for BISD elementary school students from low/moderate income households. 2_ ANAYAT HOUSE, INC $8,500 Funding will be used to reimburse the utility expenses (electrical, gas, and water) for the medical hospitality house that accommodates families during medical crisis. 57% of the guests are from low/moderate income households and are unable to pay the nominal nightly suggested donation of $20.00. 3. CASA $20,000 Funding will be used to reimburse the costs to rehabilitate their office building. This agency serves as an advocate for children who have entered the foster care system due to abuse, neglect or abandonment. 4-L 4. CATHOLIC CHARITIES $9,275 Funding will be used to reimburse the cost to provide a free income tax preparation services through the Volunteer Income Tax Assistance (VITA) Program of their Asset Building Case Management Program. These expenses include but are not limited to personnel costs, allocated management and general expenses, printing, materials and supplies, and volunteer training. 5. CHILD ABUSE AND FORENSIC SERVICES $20,000 Funding will be used to reimburse a portion of salary costs associated with the on call services and examinations provided to low/moderate income victims of sexual assault after hours and weekends. 6. FAMILY SERVICES OF SOUTHEAST TEXAS $20,000 Funding will be used to reimburse operating expenses, including care of building and grounds, utilities, office supplies and household supplies for the shelter that houses victims of domestic abuse and their children. 7_ GIRL'S HAVEN/THE EHRHARTSCHOOL $10,947 Funding will be used to purchase a 16' x 24' portable stage that will enhance the overall educational experience of our students that are economically disadvantaged. 8. HENRY'S PLACE/SOME OTHER PLACE $16,000 Funding will be used to pay for operational costs at a facility that serves homeless, mentally disabled persons. Costs to include: assistance with utility bills, repair /maintenance of equipment, office/custodial supplies, salaries and professional fees. 9. HOPE WOMEN'S RESOURCE CLINIC $23,915 Funding will be used to purchase and replace seven (7) air conditioning units for the clinic that provides services to low to moderate income clients that are in a crisis or unplanned pregnancy. 10. I.E.A. (INSPIRE, ENCOURAGE, ACHIEVE) $10,000 Funding will be used to pay for transportation expenses associated with transporting youth to weekly individual group mentoring sessions, supplies for job training sessions, and uniform attire for youth to wear during site visits to businesses that provide opportunities for youth to acquire job readiness skills. These youth are under the supervision of the Jefferson County Juvenile Probation Department and are at - risk of delinquency. 11. JULIE ROGER'S GIFT OF LIFE PROGRAM $10,000 Funding will be used to purchase educational literature and materials, anti-smoking curriculum and presentation materials, literature outreach bags, healthy lifestyles flyers and pamphlets for youth, and nutrition tips to a healthier life and items to facilitate healthy behavior reaching low to moderate income youth and other individuals. 12. NUTRITION AND SERVICES FOR SENIORS $20,000 Funding will be used to reimburse a portion of the purchase of a meal delivery van for the Meals on Wheels Program which provides a hot meal to the homebound senior citizens of our community that are low to moderate income. Public Facilities 13. S.I.S.T.A.S. $18,180 Funding will be used to purchase food, personal clothing items (gloves, hats, socks, sweaters, coats, scarves, and blankets/throws) for the homeless population during the colder winter months and to provide assistance with utility bills for the low to moderate income individuals. 14. STEPS ALONG THE WAY COMMUNITY DEVELOPMENT CENTER $7,500- Funding 7,500Funding will be used to purchase computers, science and mathematics software that will be used for a program that will tutor and/or train students from low to moderate income households. 15. SETX FAMILY RESOURCE CENTER $20,000 Funding will be used to facilitate an after-school and summer enrichment program, building and vehicle maintenance costs and repairs, supplies for the Jazzy Seniors Program, costs to include (health screenings, family activity nights, food distribution, and resource referrals, kitchen supplies, and paper/plastic goods). Funding will also enhance educational programs, computer literacy (ink/paper, educational & learning Certification of compliance with National Objectives in accordance with subpart C of CFR part 570 projected use of funds meet one National Objective: 1) benefits low and moderate income families, 2) aids in prevention or elimination of slums or blighted conditions, and 3) meet other community development needs having a particular urgency. CDBG 2015 Applicants for Public Services/Public Facilities Community Public Services/Housing/Educational >�r �T owe '4 'i software and copier machine toner), GED library (books, books on tape, music and equipment). All services provided to benefit the low to moderate income areas of Beaumont. 16. SOUTHEAST TEXAS FOOD BANK $8.530 Funding will be used to purchase food that will be distributed to low to moderate income diabetic clients in Beaumont. This program will provide food designed to emphasize healthy eating alternatives such as low sodium, low sugar, and whole wheat substitutes. Funding will also help to partially pay for the quarterly stipend ($750) required of agencies accepting placement of a VISTA worker through Feed Texas. l7. SPINDLETOP CENTER $5,550 Funding will be used to purchase monthly and daily passes for consumers to use with the Beaumont Municipal Transit Service. The consumers are low to moderate income and suffer from mental health issues, substance abuse and intellectual developmental disabilities and need transportation to and from treatment centers and personal business appointments. 18. Tender Loving Care/Legacy CDC $20,000 Funding will be used to cover the costs of an 8 hour certification course required for the 1 n Time Homebuyers Program. Also, a portion of the salary for a full time Counselor who will provide hands on financial and credit counseling to low income families and residents of Beaumont that desire to purchase a home_ 19. The H.O. W. Center $12,750 Funding will be used to purchase new A/C and heating units to replace the old, wom out existing unit at a facility that houses and provides educational opportunities, job training and other services for low to moderate income men who are recovering from substance and/or alcohol addiction_ Project will replace the existing A/C and heating units for Dorm # 1, #2, and #3. 20. THE SALVATION ARMY $36,000 Funding will be used to assist clients with rent and utility payments, shelter food and transportation costs for the shelter that houses homeless individuals and families. 21. YWCA BEAUMONT $20,000 - Funding will be used to assist middle and high school students with reading and math comprehension issues through the D.I.A.L_ Program. Costs to include: program supplies, classroom rental costs, printing costs, snacks, and a portion of the tutors' salaries. Public Facilities Certification of compliance with National Objectives in accordance with subpart C of CFR part 570 projected use of funds meet one National Objective: 1) benefits low and moderate income families, 2) aids in prevention or elimination of slums or blighted conditions, and 3) meet other community development needs having a particular urgency.