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HomeMy WebLinkAboutPACKET JAN 15 2019BEAUMONT REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 15, 2019 1:30.PM * Approval of minutes — January 8, 2019 Confirmation of board and commission member appointments A) Authorize the City Manager, City Attorney and the City's Chief Financial Officer to register and participate in an on-line. auction for the purchase of the former AT&T Call Center Building and property located at 555 Main Street, Beaumont, Texas B) Approve the purchase of two defibrillators for use in the Fire Department C) Authorize the City Manager to apply for and receive funding through the U. S., Department of Homeland Security, 2019 Emergency Management performance Grant Program D) Authorize the City Manager to execute Change Order No. 1, accept maintenance and authorize final payment for the Keith Road 16" Water Line (From Phelan Boulevard to Dishman Road) Project E) Approve amendments to the Industrial District Agreements with Air Liquide Large Industries U.S. and Natgasoline, LLC in relation to language regarding abated property under construction F) , Authorize the execution of four Utility Crossing Agreements with Exxon Mobil Oil Corporation G) Authorize the Mayor, City Manager, City Attorney, Emergency Management Coordinator and other designees to execute a Mutual Aid Agreement, and four addendums, with the Beaumont Independent School District BEAUMONT TEXAS TO: I - City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: January 15, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager, City Attorney and the City's Chief Financial Officer to register and participate in an on-line auction for the purchase of the former AT&T Call Center Building and property located at 555 Main Street, Beaumont, Texas. BACKGROUND The former AT&T Call Center Building is being sold through an on-line auction process. That process requires bidders to register on-line by providing financial documents and assertions about the buyer's financial condition, proof of authority from the buying entity authorizing the purchase and placing a deposit in escrow in the amount of $25,000. The deposit is fully refunded should the bidder be unsuccessful in purchasing the property. Bidding will commence on February 11, 2019 and will end on February 13, 2019. FUNDING SOURCE General Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager, City Attorney and the City's Chief Financial Officer, as representatives of the City of Beaumont, be and they are hereby authorized to take the necessary action to pursue the purchase of the former AT&T Call Center building and property located at 555 Main Street, Beaumont, Texas. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of January, 2019. - Mayor Becky Ames - I� TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux Chief Financial Officer MEETING DATE: January 15, 2019 REQUESTED ACTION: Council consider a resolution approving the purchase of two defibrillators for use in the Fire Department. BACKGROUND The defibrillators are used by the Fire Department as a complete acute cardiac care response system designed for basic and advanced life support. Pricing was obtained from Physio -Control, of Redmond, Washington in the amount of $67,483.74. The two old units will be traded in because they exceeded their expected service life and will qualify for a credit of $5,000, which is reflected in the total price. Physio -Control is a sole source provider, that manufactures, services and provides the warranty on all defibrillators within the City. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of two (2) LP15V4 Monitor/Defibrillators for use by the Fire Department from Physio -Control, Inc., of Redmond, Washington, a sole source provider, in the amount of $67,483.74. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of January, 2019. - Mayor Becky Ames - c BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: January 15, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to apply for and receive funding through U. S. Department of Homeland Security, 2019 Emergency Management Performance Grant (EMPG) program. BACKGROUND The Department of Homeland Security EMPG funding is provided to assist state and local governments in enhancing and sustaining all -hazards emergency management capabilities. It directly supports developing and carrying out emergency management programs. This includes mitigating costs of compliance with National Incident Management System, Incident Command System, planning, and training mandates, as well as reducing the personnel costs to manage the program. The federal funding guidelines are envisioned to cover up to half the anticipated operating expenses which are currently funded through the city's budget. The City was awarded $40,480.14 from this funding source in fiscal year 2018, and we anticipate the City receiving a similar amount in 2019. 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 apply for and receive funding for the City of Beaumont through the U.S. Department of Homeland Security, 2019 Emergency Management Performance Grant (EMPG) in an amount not to exceed $118,765.25 to assist in developing and carrying out various emergency management programs. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of January, 2018. - Mayor Becky Ames - 1 BEAUMONT D TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: January 15, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 1, accept maintenance and authorize final payment for the Keith Road 16" Water Line (From Phelan Boulevard to Dishman Road) Project. BACKGROUND On November 21, 2017, by Resolution No. 17-248, City Council awarded a, contract to Allco, LLC, of Beaumont, Texas, for the construction of a 16" water line along Keith Road in the amount of $726,162.75. Proposed Change Order No. 1, in the amount of $30,945.25, is required to adjust the estimated quantities to reflect the actual quantities used in the completion of the project, and the addition of 93 calendar days which were needed due to weather and utility coordination delays during construction. If approved, the final contract amount will be $757,108.00. The project has been inspected by Water Utilities and found to be complete in accordance with the provision and terms set forth in the contract. Acceptance of maintenance and final payment in the amount of $37,855.40 is recommended. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 17-248 BE IT RESOLVED BY THE CITY COUNCIL OF THE C�L�T�: n�l►�i[�7►��1 THAT the City Council hereby approves the award of a contract to Allco, LLC, of Beaumont, Texas, in the amount of $726,162.75 to furnish all labor, materials, and equipment for the Keith Road (from Phelan Boulevard to Dishman Road) 16" Water Line Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a Contract with Allco, LLC, of Beaumont, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in I strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of November, 2017. Mayor Becky Ames - APPROVAL OF CONTRACT CHANGE CHANGE ORDER No. One (1) & Final January 15, 2019 Page 1 of 1 PROJECT: City of Beaumont, Texas 188.00 Keith Road 16 -Inch Water Line (From Phelan Blvd to Dishman Rd) OWNER: City of Beaumont, Texas 006 801 Main Street $217.50 / EA. Beaumont, Texas 77704 CONTRACTOR: Allco, Ltd. 018 6720 College Street $0.50 / L.F. Beaumont, Texas 77707 TO THE OWNER: Approval of the following contract change is requested. Reason for Change: To adjust the contract time to provide for weather and utility delays during construction, and to adjust the existing bid item quantities of the project. $1,175.00 / EA. ORIGINAL CONTRACT AMOUNT: $ 726,162.75 THIS CHANGE ORDER Item No. Description: Unit Price ADD $ 13,144.25 188.00 004 Furnish & Install - 16" C-905 Water Line Bore $64.75 /,L.F. 006 Furnish & Install - 16" Class 165 C-905 Water Line Bore $217.50 / EA. 014 24" x 3/8" Steel Casing $73.00 / L.F. 018 Trench Safety System $0.50 / L.F. DELETE 012 Furnish & Install - 16" MJ 45° Bend $1,175.00 / EA. 013 Furnish & Install - 16" x 6" MJ Reducer $950.00 / EA. 015 Furnish & Install - 3" Air Release Valve $5,000.00 / EA. 016 Furnish & Install - Asphalt Pavement Replacement $50.00 / S.Y. 017 Trench Safety Plan $750.00 / L.S. 019 6" Wide Steel Brackets $1,600.00 / EA. TOTAL AMOUNT OF THIS CHANGE ORDER: TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: CONTRACT TIME Original Contract Time: 240 Calendar Days Additional Time Requested: 93 Calendar Days Revised Contract Time per this Change Order: 333 Calendar Days uanti Net Change 203.00 $ 13,144.25 188.00 $ 40,890.00 51.00 $ 3,723.00 456.00 $ 228.00 (3.00) $ (3,525.00) (1.00) $ (950.00) (0.20) $ (1,015.00) (240.00) $ (12,000.00) (1.00) $ (750.00) (5.50) $ (8,800.00) $ 30,945.25 $ 757,108.00 CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost of, and the time required to.perform the entire work under the Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive, mutually agreed upon adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." Recommended by.- -�P-D_re 1,74 A., X-VI w City o eaumont Publ c Works Director Date: Approved by: City of Beaumont Owner Date: E.%WocWr %Wmc WinC irec Wth emmenmrac�sarevgeo�der_Kd�hrta Accepted by: Allco, Ltd. Contractor Date: /— r� AFFIDAVIT ON BEHALF OF CONTRACTOR STATE OF Texas COUNTY OF Jefferson CONTRACT: City of Beaumont Keith Road 16 -inch Water Line (From Phelan Blvd to Dishman Rd) DATED: Januga 18, 2018 ALLCO BY AND THROUGH T. W. HARRISON, ITS PRESIDENT DOES HEREBY AND HEREWITH DECLARE THAT ALL LABOR, BILLS FOR MATERIALS, FOR SUPPLIES, UTILITIES AND FOR ALL OTHER THINGS FURNISHED OR CAUSED TO BE FURNISHED BY THE ABOVE NAMED CONTRACTOR AND USED IN THE EXECUTION OF THE CONTRACT NUMBERED AND DATED ABOVE BETWEEN CITY OF BEAUMONT AND ALLCO HAVE BEEN FULLY PAID, AND THAT THERE ARE NO UNPAID CLAIMS OR DEMANDS OF SUBCONTRACTORS, MATERIAL MEN, MECHANICS, LABORERS, OR ANY OTHER RESULTING FROM OR ARISING OUT OF ANY WORK DONE OR ORDERED TO BE DONE BY SAID CONTRACTOR UNDER THE ABOVE IDENTIFIED CONTRACT; AND DECLARES: THAT ALL FEDERAL AND STATE PAYROLL TAXES AND CONTRIBUTIONS FOR UNEMPLOYMENT INSURANCE, OLD AGE PENSIONS, ANNUITIES, AND RETIREMENT BENEFITS IMPOSED OR ASSESSED UNDER ANY PROVISION OF ANY LAW, STATE OR FEDERAL, AND MEASURED BY WAGES, SALARIES, OR OTHER REMUNERATION PAID BY SAID CONTRACTOR TO EMPLOYEES OF HIS OWN OR SUBCONTRACTORS ENGAGED IN SAIDWORK, OR IN ANY OPERATION INCIDENTAL THERETO HAVE BEEN PAID. ALL BY: SUBSCRIBED AND SWORN TO BEFORE ME THIS q* DAY (-6W l (q 20 11 t �pPY PGm MARY BETH DELORD Notary Public, State Of Texas NOTARY"PUBLIC t My C mmissi o19 pyres STATE OF TEXAS MY COMMISSION EXPIRES: PROJECT: Keith Road Waterline Installation Invoice #: 8711 OWNER City of Beaumont CONTRACTOR: Allco, LLC TX -806 ENGINEER: City of Beaumont Contract: PERIOD END: December 31, 2018 ESTIMATE NO.: Seven(7) SUMMARY OF PAYMENT VALUES FROM ATTACHED SCHEDULES Original Contract Amount Approved Change Orders Current Contract Amount Total Value of Contract Performed Extra Work on Approved Change Orders Material on Hand Total Value of Work to Date Less Amount Retained at 0% Net Amount Earned on Contract Less Amount of Previous Invoices BALANCE DUE THIS INVOICE 726,162.75 726,162.75 757,108.00 r 757,108.00 757,108.00 719,252.60 i 37,855.40 Percentage of Contract Invoiced to Date 104% The undersigned contractor certifies that all work, including materials on hand, covered by this Periodic Payment have been completed of delivered in accordance with the Contract Documents, that all amounts have been paid by him for work, materials, and equipment for which previous Periodic Payments were issued and received from the Owner, and that the current payment shown herein is now due. CONTRACTOR,ALL L BY: DATE: T.W. Harrison - President 31 -Dec -18 Subscribed and sworn to before me this 3lst day of December, 2018 t "'""------— —m —,�� ...,, 1 �aaY p�� MARY BE f Ii DELORD '[� A (� z Notary Public, Stale Of Texas t Notary Public: I�Q My Commission Expires t t�N^ V�� 0412.2019 1 My Commission expires: April 12, 2019 ----•"•' -- Recommended for Payment by: Approved for Payment by: iuv Date Date Approved for Payment by: Approved for Payment by: Date Date PROJECT: Keith Road Waterline Installation OWNER City of Beaumont CONTRACTOR A.11co, LLC ENGINEER City of Beaumont PPRTMPWT)- TI -1-11 MIA Contract RCTIMATE' M() - A - VIA ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE PER QTY QTD VALUE COMPLETED 1 Mobilbation - not to exceed 3% 1 LS 20,000.00 20,000.60 1 20,000.00 2 Connect new 16" to existing 16' waterline 2 EA 5,050.00 10,100.00 2 10,100.00 3 6' Class 150 C900 PVC waterline 180 LF 19.25 3,465.00 180 3,465.00 4 16" Class 165 0905 PVC waterline - install 6,711 IF 32.38 217,302.18 6,914 223,87532 4b 16" Class 165 C905 PVC waterline - accept 6,711 LF 32.37 217,235.07 6,914 223,806.18 5 16" PVC waterline by direetional drill/slick bore - install 60 LF 84.38 5,062.80 60 5,062.90 Sb 16" PVC waterline by directional drill/slick bore - accept 60 LP 84.37 5,062.20 60 5,062.20 6 16" PVC waterline by directional drill/slick bare -install 140 LF 108.75 15,225.00 328 35,670.00 6b 16' PVC waterline by directional ddWsltek bora weppt 140 LF 108.75 15,225.00 328 35,670.00 7 16' PVC waterline by directional drilYslick bore -install 60 LF 94.13 5,647.80 60 5,647.80 7b 16' PVC waterline by directional drill/slick bore -accept 60 LF 94.12 5,647.20 60 5,647.20 8 16" Class 165 Ductilie iron waterline 8 bridge 65 LF 229.00 14,885.00 65 14,885.00 9 Fire hydrant assy 9 EA 4,800.00 43,200.00 9 43,200.00 10 16"Gas valve -install 12 EA 3,000.00 36,000.00 12 36,000.00 10b 16' Gate valve - accept 12 EA 3,000.00 36,000.00 12 36,000.00 11 16" NII tee 1 EA 2,000.00 2,000.00 1 2,000.00 12 16' )AI 45 16 EA 1,175.00 18,8OD.00 13 15,275.00 13 16" x 6" NIT reducer 1 EA 950.00 950.00 14 24"x 3/8" Steel casing 260 LF 73.00 18,980.00 311 22,703.00 15 Air release valve 1 EA 51000.00 5,000.00 0.797 3,985.00 16 Asphalt pavement replacement 240 SY 50.00 12,000.00 17 Trench Safety Plan i IS 750.00 750.00 18 Trench Safety System - install 7,151 IF 0.25 1,787.75 7,607 1,901.75 18b Trench Safety System - accept 7,151 LF 0.25 1,787.75 7,607 1,901.75 19 6' Wide steel bracket 8 EA 1,600.00 12,800.00 2.5 4.000.00 20 2" Temporary flushout 1 EA 1,250.00 1,250.00 1 1,250.00 TOTAL FOR PROJECT 726162.75 757108.00 RESOLUTION NO. WHEREAS, on November 21, 2017, the City Council of the City of Beaumont, Texas passed Resolution No. 17-248 awarding a contract in the amount of $726,162.75 to ALLCO, Inc., of Beaumont, Texas, for the Keith Road 16" Water Line (from Phelan Boulevard to Dishman Road) Project; and, WHEREAS, Change Order No. 1, in the amount of $30,945.25, is required to adjust the estimated quantities to reflect,the actual quantities used in the completion of the project, and the addition of ninety-three (93) calendar days which were needed due to weather and utility coordination delays during construction, thereby increasing the total contract amount to $757,108.00; and, WHEREAS, the project has been inspected by the Water Utilities Division and found ,to be complete in accordance with the provisions and terms set forth in the contract; 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 Manager be and he is hereby authorized to execute Change Order No. 1, in the amount of $30,945.25, for additional work described above, thereby increasing the total contract amount to $757,108.00 for the Keith Road 16" Water Line (from Phelan Boulevard to Dishman Road) Project; and, BE IT FURTHER RESOLVED THAT the Keith Road 16" Water Line (from Phelan Boulevard to Dishman Road) Project be and the same is hereby accepted; and, BE IT ALSO RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of $37,855.40 to ALLCO, Inc., of Beaumont, Texas. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL "of the City of Beaumont this the 15th day of January, 2019. - Mayor Becky Ames - E BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: January 15, 2019 REQUESTED ACTION: Council consider a resolution approving an amendment to the Industrial District Agreement (IDA) with Air Liquide Large Industries U.S. and Natgasoline, LLC in relation to language regarding abated property under construction. BACKGROUND On December 8, 2015, City Council approved an IDA with Air Liquide Industries. That agreement contained language regarding an assignment of abated property which was originally granted to Natgasoline which was transferred to Air Liquide. The intent.of the abatement was to give a 100% tax abatement for newly constructed property known as an Air Separation Unit (ASU). The original language in both IDA's was written for a term of payments due in years 2015 through 2024. However, since construction did not start until 2014 there would have been no assessed values on the books until January 1, 2015, thus no taxes would have been due until February of 2016. Accordingly, there was no actual abatement for the tax due in 2015. An amendment to both IDA's is being proposed to amend the terms of the abatement period from years 2015 through 2024 to read as tax years 2015 through 2024 (fiscal years 2016 through 2025). This would ensure that the actual abatement of f assessed values is covered for a period of 10 years as intended. FUNDING SOURCE Payments are accounted for in the General Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, on December 8, 2015, the City Council of the City of Beaumont, Texas passed Resolution No. 15-259 authorizing the City Manger to execute an Industrial District Agreement with Air Liquide Large Industries U.S.; and, WHEREAS, on February 18, 2014, the City Council of the City of Beaumont, Texas passed Resolution No. 14-038 authorizing the City Manager to execute an Industrial District Agreement with Natgasoline, LLC, a wholly-owned subsidiary of OCI N.V.; and, WHEREAS, due to a delay in the completion of construction an amendment to the Industrial District Agreements with Air Liquide Large Industries U.S. and Natgasoline, LLC is necessary to amend the terms of the tax abatement period from years 2015 through 2024 to read as tax years 2015 through 2024 (fiscal years 2016 through 2024) to reflect an abatement of the new construction for a period of ten (10) years as intended; and; WHEREAS, City Council is of the opinion that it is in the best interest of the citizens of the City of Beaumont for the City to enter into amendments to the Industrial District Agreements between the City of Beaumont and Air Liquide Large Industries U.S. and Natgasoline, LLC; 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 Manager be and. he is hereby authorized to execute an amendment to the Industrial District Agreements between the City of Beaumont and Air Liquide Large Industries, U.S. and Natgasoline, LLC to amend the terms of the tax abatement period from years 2015 through 2024 to read as tax years 2015 through 2014 (fiscal years 2016 through 2025), substantially in the form attached hereto as Exhibits "A" and "B," respectively, and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of January, 2019. - Mayor Becky Ames - r -- THE STATE OF TEXAS COUNTY OF JEFFERSON AGREEMENT This Agreement is made under the authority of §42.044 of the Texas Local Government Code. The parties to the Agreement are The City of Beaumont, a municipal corporation and a home -rule city located in Jefferson County, Texas, hereinafter called "City," and Air Liquide Large Industries US L.P, a Delaware limited partnership, hereinafter called "Company." WHEREAS, City has established an industrial district comprising a certain part of the extra -territorial jurisdiction of City, such industrial district being known as City of Beaumont Industrial District (the "District") WHEREAS, Company and/or its Affiliates (as hereinafter defined) owns and/or leases land and improvements which are part of the manufacturing and industrial facilities of Company and/or its Affiliates located within District, such land and improvements (the "Property"). WHEREAS, Company recognizes the benefits of this Agreement and an obligation to contribute to the revenue needs of said City in an amount commensurate with the burdens placed upon City and benefits derived by Company by reason of being located immediately adjacent to City. Page i EXHIBIT "A" WHEREAS, Company and City desire to base the industrial district payment on assessed value to ensure equity among the companies. WHEREAS, City desires to encourage the addition of new improvements to the Company's property located within the City of Beaumont Industrial District. In view of the above and foregoing reasons, and in consideration of the mutual agreements herein contained, Company and City hereby agree as follows: ARTICLE 1. COMPANY'S OBLIGATION 1. The City of Beaumont granted Natgasoline, LLC 100% abatement for a term of tax years 2015 through 2024, (Fiscal years 2016 through 2025) on all new construction and improvements to existing, facilities on the herein described property. In November 2014, Natgasoline made a partial Assignment of the abatement to Company through which after executing a ground lease with Natgasoline, Company will construct, own, and operate an air separation unit ("ASU") as part of Natgasoline's methanol project. The estimated value of the ASU is $115 million. Such an assignment was allowed by the industrial district agreement between the City of Beaumont and Natgasoline. Such new construction and improvements will be abated at 100% through tax year 2024 (Fiscal year 2025). 2. The abatement does not include the value of the existing property owned by Company and in the City's extraterritorial jurisdiction related or unrelated to this new construction. Company shall be responsible for the payment in lieu of taxes based upon the existing value of the property and improvements currently existing on property leased Page 2 from Natgasoline or any other unrelated property in the ETJ as determined by the Jefferson County Appraisal District. 3. Company will make an annual payment to City on or before February 1 't of each such year computed based on 100% of the Assessed Value of the Company's facilities and property, real, personal, and mixed, located on Company's land covered by this Agreement (herein "the property") as provided herein (the "Annual Payment"). Upon expiration of the abatement period, the Annual Payment shall include all property covered by this Agreement. 4. "Assessed Value" means the 100% valuation of Company Property and improvements thereon as determined by the Jefferson County Appraisal District for the previous tax year. 5. "Assumed City Taxes Due" means the number obtained by the following for mul a: Assessed Value Less Improvement Value Subject to Abatement/ I Wx Current City Tax Rate = Assumed City Tax Due 6. In October of each year the Finance Officer for City shall obtain the most recent Assessed Value as set by the Jefferson County Tax Appraisal District and such valuation shall be used for the Annual Payment due the following February; by way of example, October 2015 Assessed Values would be used for the February 1, 2016 payment. Page 3 J If the assessed values are in question and/or under litigation, with the Jefferson County Appraisal District, payment shall be computed on the most recent certified values from the Jefferson County Appraisal District. The Company shall notify the City following resolution of the appraised value question and an adjustment for the payment, without interest, will be made within thirty (30) days following such resolution. a) After the assessed value of the Company's properties has been determined, the payments due hereunder shall be calculated in accordance with the following schedule: The Fiscal years 2016-2018 payments shall be 100% of assumed taxes due. The Fiscal years 2019-2021 payments shall be 80% of assumed City taxes due. The Fiscal years 2022-2025 payments shall be 75% of assumed City taxes due. b) City shall bill Company for payments due hereunder on or before January 1 each year. Company shall pay to City the amount billed on or before February 1 each year. Upon receiving the final payment, the Finance Officer shall issue an official receipt of said City acknowledging full, timely, final and complete payment due. by said Company to City for the property involved in this Agreement for the year in which such payment is made. If payment is not made on or before any due date, the same penalties, interest, attorneys' fees and costs of collection shall be recoverable by City as would be collectible in the case of delinquent ad valorem taxes. Further, if payment is not timely made, all payments which otherwise would have been paid to City had Company been in the city limits of City will be recaptured and paid to City within 60 days of any such event. Page 4 ARTICLE 11. PROPERTY COVERED BY AGREEMENT This Agreement will reflect the intention of the parties hereto that this Agreement shall govern and affect the properties of Company and/or its Affiliates (facilities, real, personal, and mixed) located on the Property more particularly described in Exhibit "A," which are within the extra -territorial jurisdiction of the City of Beaumont. "Affiliates" shall mean any entity owned entirely or in part by Company. ARTICLE Ill. SALE BY COMPANY (a) Company shall notify City of any sale of any or all of Company's facilities to any person or entity. It is the intent of the parties that no sale of any of Company's facilities will affect the amount to be paid to City as provided under this Agreement. Accordingly, and as to payments due under this Agreement, no such sale shall reduce the amount due City under this Agreement until the purchaser of such facility has entered into a contract in lieu of taxes with City that provides for a continuation of like payments to City. (b) Company shall have the right to assign, transfer or convey all, or any part of, its rights, title and interest in the Agreement in connection with any transfer or conveyance of title to all or any part of the properties subject to this Agreement to any person or entity at any time of this Agreement; provided, however, that Company shall provide City with written notice of such assignment. Company shall be relieved of its obligations under this Agreement to the extent that an assignee expressly assumes Company's obligations in a written instrument binding such assignee to City. Subject to Page 5 the preceding, this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. ARTICLE IV. CITY'S OBLIGATIONS 1. City agrees that it will not annex, attempt to annex or in any way cause or permit to be annexed any portion of lands or facilities or properties of said Company covered by this Agreement for the period of the Agreement except as follows: (a) If the City determines that annexation of all or any part of the properties covered by this Agreement belonging to said Company is reasonably necessary to promote and protect the general health, safety and welfare of persons residing within or adjacent to the City, the City will notify Company in accordance with state law of the proposed annexation. In the event ,of such annexation, Company will not be required to make further payment under this Agreement for any calendar year commencing after such annexation becomes final with respect to the property so annexed, but shall nevertheless be obligated to make full payment for the year during which such annexation becomes effective if the annexation becomes effective after January 1st of said year. (b)In the event any municipality other than the City attempts to annex separately or in the event the creation of any new municipality shall be attempted so as to include within its limits any land which is the subject matter of this Agreement, City shall, with the approval of Company, seek immediate legal relief against any such attempted Page 6 annexation or incorporation and shall take such other legal steps as may be necessary or advisable under the circumstances with all costs of such action being borne equally by the City and by the said Company or companies with Company's portion allocated on the basis of Assessed Values. 2. The City further agrees that during the term of this Agreement, there shall not be extended or enforced as to any land and property of Company within said City of Beaumont Industrial District, any rules, regulations, or any other actions: (a) seeking in any way to control the platting and subdivisions of land, (b) prescribing any buildings, electrical, plumbing or inspection standards or equipment, or (c) attempting to regulate or control in any way the conduct of Company's activities, facilities or personnel thereof. 3. It is understood and agreed that during the term of this Agreement or any renewals thereof, City shall not be required to furnish any municipal services to Company's property located within the City of Beaumont Industrial District; provided, however, City agrees to furnish fire protection to Company should such protection be requested by Company in the event an unusual emergency situation occurs. ARTICLE V. TERMINATION FOR BREACH It is agreed by the parties to this Agreement that only full, complete and faithful performance of the terms hereof shall satisfy the rights and obligations assumed by the parties and that, therefore, in addition to any action at law for damages which either party may have, Company shall be entitled to enjoin the enactment or enforcement of any ordinance or charter amendment in violation of, or in conflict with, the terms of this Agreement and shall be entitled to obtain such other equitable relief, including specific Page 7 performance of the Agreement, as is necessary to enforce its rights. It is further agreed that should this Agreement be breached by Company, City shall be entitled, in addition to any action at law for damages, to obtain specific performance of this Agreement and such other equitable relief necessary to enforce its rights. ARTICLE VI A FFTT T A TF C The benefits accruing to Company under this Agreement shall also extend to Company's "parent," "affiliates" and to any properties owned or acquired by said parent and affiliates within the area described in Exhibit "A" to this Agreement, and where reference is made herein to land, property and improvements owned by Company, that shall also include land, property and improvements owned by its parent and/or affiliates. The word "affiliates" as used herein shall mean all companies with respect to which Company directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise the control over fifty percent (50%) or more of the stock having the right to vote for the election of directors. The word "parent" as used herein shall mean all companies which directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise control over fifty percent (50%) of the stock having the right to vote for the election of directors of Company. 31, 2025. ARTICLE Vll. TERM OF AGREEMENT The term of this Agreement shall be for ten (10) years, expiring December Page 8 NOTICES Any notice provided for in this Agreement, or which may otherwise be required by law shall be given in writing to the parties hereto by certified mail addressed as follows: TO CITY TO COMPANY City of Beaumont Air Liquide Large Industries US L.P. Attn: City Manager Attn: Property Tax 801 Main Street P. O. Box 460149 Beaumont, Texas 77704 Houston, Texas 77056-8149 IN WITNESS THEREOF, this Agreement, consisting of ten pages plus Exhibit "A" is executed in duplicate counterparts as of this day of , 2019. ATTEST: Tina Broussard City Clerk City of Beaumont pan Page 9 Kyle Hayes City Manager ATTEST: Air Liquide Large Industries US L.P w Page 10 Legal Description: 24.0000 Net Acre Tract or Parcel of Land Pelham Humphrey Survey, Abstract No. 32 Jefferson County, Texas BEING a 25.0000 acre gross tract or parcel of land situated in the Pelham Humphrey Survey, `Abstract No. 32, Jefferson County, Texas and being out of and part of that certain tract of land as described in a deed from the Beaumont Pasture Company, to Wm. McFaddin, W.P.H. McFaddin, V. Wiess and W.W. Kyle as recorded in Volume 11, Page 174, Deed Records, Jefferson County, Texas and also being out of and part of that certain called 366,58 acre tract of land as described in a deed from W.P.H. McFaddin and wife, Ida Caldwell McFaddin to W:P.H. McFaddin, W,P.H. McFaddin, Jr. and J.L.C. McFaddin, Trustees of the McFaddin Trust as recorded in Volume 387, Page 208, Deed Records, Jefferson County, Texas, the same ,,that certain called 366.58 acre McFaddin-Wiess-Kyle Land Co. tract as shown on the Partition Map No. I of the McFaddin-Wiess-Kyle Land Co. as in Volume 4, Page 198, Map Records, Jefferson County, Texas and also being out of and part of that certain called 298.90 acre tract of land, identified as Tract 3, as recorded in a "Special Warranty DeedB from Mary Kyle, et al. to Judy Waldo, et al. as recorded in Film Code No. 105- 20-0357, Official Public Records of Real Property, Jefferson County, Texas, and also being out of and part of that certain called 60 acre tract of land as described in a "Special Warranty Deed" from Kyle White to Mary Kyle as recorded in Clerk's File No. 2007030761, Official Public Records of Real Property, Jefferson County, Texas, save and except that certain called one acre tract, identified as Second Tract, as described in a deed from the McFaddin Wiess & Kyle Land Company to W,E. Brice as recorded in Volume 55, Page 222, Deed Records, Jefferson County, Texas, the same being that certain called 1.0 acre tract of land as described in a "Deed without Warranty" from IPLLC Centennial Partnership, IPLLC Centennial Partnership Il and Spindletop Renaissance, LP to EeGp Cordts, Jr. as recorded in Clerk's File No. 2008022302 and Clerk's File No. 2008022303, Official Public Records of Real Property, Jefferson County, Texas, therefore leaving 24.0000 acres net, said tract being more particularly described as follows: NOTE: All bearings are referenced to the Texas State Plane Coordinate System South Central Zone NAD83(CORS). All distances and acreages shown are surface. All set 5/8" iron rods set with a cap stamped "M. W. Whiteley & Associates". BEGINNING at a 5/8" iron rod found for the most Northerly corner of the tract herein described, said corner being the most Northerly corner of the said 366.58 acre McFaddin-Wiess-Kyle Land Co. tract, the most Northerly comer of the said 60 acre Kyle tract and said corner also being in the Southwesterly rightof-way line of a L.N.V.A. canal (formerly known as McFaddin Canal No. 3) and said corner being in the common line between the said Pelham Humphrey Survey and the John A. Veatch Survey, Abstract No. 55, Jefferson County, Texas and said corner also being in the Southeasterly line of Block 40 � of Spindletop Heights Subdivision as recorded in Volume 1, Page 27, Map Records, Jefferson County, Texas and said Block 40 being abandoned by the Commissioner's Court of Jefferson County on March 19, 1953 and recorded in Volume 890, Page 633, Deed Records, Jefferson County, Texas; THENCE SOUTH 51 °3444" EAST, along and with the Southwesterly right-of-way line of the above referenced L.N.V.A. canal and the Northeasterly line of the said 366.58 acre McFaddin-Wiess-Kyle Land Co. tract and the Northeasterly line of the said 60 acre Kyle tract, for a distance of 242.54 feet to a 5/8" iron rod set for comer, and from said corner a I 1' iron pipe found for the most Northerly comer of that certain called 67.9106 acre tract, identified as Tract Two, as described in a "Special Warranty Deed" from Barco Crushed Concrete, Inc. to Martin Operating Partnership L.P. as recorded in Clerk's File No. 2007001379, Official Public Records of Real Property, Jefferson County, Texas bears SOUTH 51 034144" EAST a ! I distance of 954.54 feet; 25.0000 Acre Tract C •rttKc.�•af� _ . .��:�1TIt`FF'� .iLrtlC�7tt -1'`t�� :�bSS(�f l�,I•'!.'h:5 C�1'� THENCE SOUTH 41 056102" WEST, for a distance of200.38 feet to a 5/8'! iron rod set for corner; THENCE SOUTH 02°4334" EAST, for a distance of 1350.05 feet to a 5/8" iron rod set for corner, said being in the Southeasterly line of the said 60 acre Kyle tract; THENCE SOUTH 42006146" WEST, along and with the Southeasterly line of the said Kyle tract, passing at a distance of 180.85 feet a 5/8" iron rod set for reference and continuing for a total distance of 432.00 feet to a point for corner (unable to set due to water); THENCE NORTH 87°58 148" WEST, for a distance of 3 54.3 9 feet to a point for corner (unable to set due to water); THENCE NORTH 04°34' 19" WEST, for a distance of 126524 feet to a point for corner (unable to set due t( water), said comer being in the Northwesterly line of the said 3 66.5 8 acre McFaddin-Wiess-Kyle Land _Cc tract and the Northwesterly line of the said 60 acre Kyle tract and being in the common line between the saic Pelham Humphrey Survey and the said John A. Veatch Survey, and said corner also being in the Southeasterly line of Block 39 of the said Spindletop Heights Subdivision and said Block 39 being abandonec by the Commissioner(s Court of Jefferson County on March 19, 1953 and recorded in Volume 890, Page 633 Deed Records, Jefferson County, Texas, and said corner bears NORTH 41 056102" EAST a distance o 1828.60 feet from a 3/4" iron rod found for the most Easterly corner of that certain called 47.3482 acre trac of land as described in a "Special Warranty Deed with Vendor's Lien" from Sabine Gas Operating Compan] to Coastal Caverns, Inc. as recorded in Clerk's File No. 2004031764, Official Public Records of Rea Property, Jefferson County, Texas and an exterior ell corner of that certain called 15.7893 acre tract of land a described in a "Special Warranty Deed" from PCS Phosphate Company, Inc. to Centana Intrastate Pipelin( Company as recorded in Clerk's File No. 9519110, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 41 056102" EAST, for the boundary between the said Pelham Humphrey Survey and the said John A. Veatch survey, the same being the Southeasterly line of former Blocks 39 and 40 of the said Spindletop Heights Subdivision and also along and with the Northwesterly line of the said 298.90 acre Waldo, et al. tract, the same being the Northwesterly line of the said 3 66.5 8 acre McFaddin-Wiess- Kyle Land Co. tact and the Northwesterly line of the said 60 acre Kyle tract, passing at a distance of 384.34 feet a 5/8" iron rod set for corner and continuing for a total distance of 934.34 feet to the POINT OF BEGINNING and containing 25.0000 acres gross, more or less, save and except the above referenced one acre W.E, Brice tract as recorded in Volume 55, Page 222, Deed Records, Jefferson County, Texas, the same being that certain called 1.0 acre tract of land as described in a "Deed without Warranty" from IPLLC Centennial Partnership, IPLLC Centennial Partnership Il and Spindletop Renaissance, LP to E.G. Cordts, Jr. as recorded in Clerk's File No, 2008022302 and Clerk's File No. 2008022303, Official Public Records of Real Property, Jefferson County, Texas, therefore leaving 24.0000 acres net, more or less. Surveyed on November 21, 2007. This legal description is being submitted along with a plat based on this survey. -8 6 OF Thomas S. Rowe, RPLS No. 5728 Wt,200707-MM-986TIU24acmD 25.0000 Acre Tract Page 2 of 2 Legal Description: . I .000 Acre Tract or Parcel of Land Pelham Humphrey Survey, Abstract No. 32 Jefferson County, Texas BEING a 1,000 acre tract or parcel of land situated in the Pelham Humphrey Survey, Abstract No, 32, -Jefferson County, Texas and being all of that certain called one acre tract, identified as Second Tract, as described in a deed from the McFaddin Wiess & Kyle Land Company to W.E. Brice as recorded in Volume 55, Page 222, Deed Records, Jefferson County, Texas, the same being that certain called acre fract of land as described in a "Deed without Warranty" from IPLLC Centennial Partnership, IPLLC Centennial Partnership Il and Spindletop Renaissance, LP to E.G. Cordts, Jr. as recorded in Clerk's File No. 2008022302 and Clerk's File No. 2008022303, Official Public Records of Real Property, Jefferson County, Texas, said 1.000 acre tract being more particularly described as follows: NOTE: All bearings are referenced to the Texas State Plane Coordinate System South Central Zone NAD83(CORS). All distances and acreages shown are surface. COMMENCING at a 5/8" iron rod found for the most Northerly corner of that certain called 366.58 acre McFaddin-Wiess-Kyle Land Co. tract as shown on the Partition Map No. 1 of the McFaddinWiess-Kyle Land Co. as recorded in Volume 4, Page 198, Map Records, Jefferson County, Texas and also being the most Northerly comer of that certain called 60 acre tract of land as described in a "Special Warranty Deed" from 'Kyle White to Mary Kyle ag recorded in Clerk's File No. 200703 076 1, Official Public Records of Real Property, Jefferson County, Texas and said corner also being in the Southwesterly right-of-way line of a L.N.V.A. canal (formerly known as McFaddin Canal No. 3) and said corner being in the common line between the said Pelham Humphrey Survey and the John A, Veatch Survey, Abstract No. 55, Jefferson County, Texas and said corner also being in the Southeasterly line of Block 40 of Spindletop Heights Subdivision as recorded in Volume 1, Page 27, Map Records, Jefferson County, Texas and said Block 40 being abandoned by the Commissioner's Court of Jefferson County on March 19, 1953 and recorded in Volume 890, Page 633, Deed Records, Jefferson County, Texas; THENCE SOUTH 41 ° 56'02'' WEST, for the boundary between the said Pelham Humphrey Survey and the said John A. Veatch survey, the same being the Southeasterly line of former Blocks 39 and 40 of the said Spindletop Heights Subdivision and also along and with the Northwesterly line of the said 366.58 acre McFaddin-Wiess-Kyle Land Co. tract and the Northwesterly line of the said 60 acre Kyle tract, for a distance of 703.40 to a point; THENCE SOUTH 4800358" EAST, over and across the said 366.58 acre McFaddin-WiessKyle Land Co. tract, and the said 60 acre Kyle tract, for a distance of 396.99 feet to a 5/8" iron rod found for the most Northerly corner and the POINT OF BEGINNING of the tract herein described; THENCE SOUTH 30°03158" EAST, continuing for the boundary between the tract herein described and the said 60 acre Kyle tract, for a distance of 208.71 feet to a 5/8" iron rod found for comer; 1.000 Acre Tract Pelof2 THENCE SOUTH 41 °56102" WEST, continuing for the boundary between the tract herein described and the said 60 acre Kyle tract, for a distance of 219.47 feet to a 5/8" iron rod found for corner; THENCE NORTH 30°0358" WEST, continuing for the boundary between the tract herein described and the said 60 acre Kyle tract, for a distance of 208.71 feet to a 5/8" iron rod found for corner; THENCE NORTH 41 056102" EAST, continuing for the boundary between the tract herein described and the said 60 acre Kyle tract, for a distance of 219.47 feet to the POINT OF BEGINNING and containing 1.000 ACRES, more or less. Surveyed on November 21, 2007. This legal description is being submitted along with a plat based on this survey. Thomas S. Rowe, RPLS No. 5728 //.JCO .cf.Q• . •-2.1K.Q .9 1.000 Acre Tract Pa e20f2 THE STATE OF TEXAS COUNTY OF JEFFERSON AGREEMENT This Agreement is made under the authority of §42.044 of the Texas Local Government Code. The parties to the Agreement are The City of Beaumont, a municipal corporation and a home -rule city located in Jefferson County, Texas, hereinafter called "City," and Natgasoline, LLC, a Texas limited liability company and a wholly-owned subsidiary of OCI N.V., hereinafter called "Company." PREAMBLE WHEREAS, City has established an industrial district comprising a certain part of the extra -territorial jurisdiction of City, such industrial district being known as City of Beaumont Industrial District (the "District") WHEREAS, Company and/or its Affiliates (as hereinafter defined) owns and/or leases land and improvements which are part of the manufacturing and industrial facilities of Company and/or its Affiliates located within District, such land and improvements being more particularly described in Exhibit "A" attached hereto (the" Property") WHEREAS, Company recognizes the benefits of this Agreement and an obligation to contribute to the revenue needs of said City in an amount commensurate with the burdens placed upon City and benefits derived by Company by reason of being located immediately adjacent to City. WHEREAS, Company and City desire to base the industrial district payment on assessed value to ensure equity among the companies. WHEREAS, City desires to encourage the addition of new improvements to the Page 1 EXHIBIT "B" Company's property located within the City of Beaumont Industrial District. In view of the above and foregoing reasons, and in consideration of the mutual agreements herein contained, Company and City hereby agree as follows: ARTICLE L COMPANY'S OBLIGATION 1. The Company will receive 100% tax abatement for payments due in the years of 2016 through 2025, on all new construction and improvements to existing land herein described property. This abatement does not include the value of the existing property described in Exhibit "A." The Company shall be responsible for the payment of ad valorem taxes based upon the existing value of the property and improvements currently existing in Exhibit "A" as determined by the Jefferson County Appraisal District. The Company shall notify City in writing at least thirty (30) days prior to the date any construction that will be subject to abatement is scheduled to commence 2. Company will make an annual payment to City on or before February 1 "of each such year computed based on 100% of the Assessed Value of the Company's existing real property covered by this Agreement (herein 'the property") as provided herein (the "Annual Payment"). Upon expiration of the abatement period, the Annual Payment shall include all property covered by this Agreement. 3. "Assessed Value" means the 100% valuation of existing Company property as determined by the Jefferson County Appraisal District for the previous tax year. 4. "Assumed City Taxes Due" means the number obtained by the following formula: Assessed Value Less Improvement Value Subject to Abatement/100 x Current City Tax Rate = Assumed City Tax Due Page 2 5. In October of each year the Finance Officer for City shall obtain the most recent Assessed Value as set by the Jefferson County Tax Appraisal District and such Valuation shall be used for the Annual Payment due the following February; by way of example, October 2013 Assessed Values would be used for the February 1, 2014 payment. If the assessed values are in question and/or under litigation with the Jefferson County Appraisal District, payment shall be computed on the most recent certified values from the Jefferson County Appraisal District. The Company shall notify the City following resolution of the appraised value question and an adjustment for the payment, without interest, will be made within thirty (30) days following such resolution. 6. Payments for each year of the agreement shall be equal to 100% of the Assumed City Taxes Due, as defined above, on real property during the tax years of abatement, 2015 thru 2024 (Fiscal years 2016 through 2025). City shall bill Company for payments due hereunder on or before January 1 each year. Company shall pay to City the amount billed on or before February 1 each year, Upon receiving the final payment, the Finance Officer shall issue an official receipt of said City acknowledging full,. timely, final and complete payment due by said Company to City for the property involved in this Agreement for the year in which such payment is made, If payment is not made on or before any due date, the same penalties, interest, attorneys' fees and costs of collection shall be recoverable by City as would be collectible jn the case of delinquent ad valorem taxes. Further, if payment is not timely made, all payments which otherwise would have been paid to City had Company been in the city limits of City will be recaptured and paid to City within 60 days of any such event. ARTICLE II. PROPERTY COVERED BY AGREEMENT Page 3 This Agreement will reflect the intention of the parties hereto that this Agreement shall govern and affect the properties of Company and/or its Affiliates (facilities, real, personal, and mixed) located on the Property more particularly described in Exhibit "A," which are within the extra -territorial jurisdiction of the City of Beaumont, "Affiliates" shall mean any entity owned entirely or in part by Company. ARTICLE III. SALE BY COMPANY (a) Company shall notify City of any sale of any or all of Company's facilities to any person or entity. It is the intent of the parties that no sale of any of Company's facilities will affect the amount to be paid to City as provided under this Agreement. Accordingly, and as to payments due under this Agreement, no such sale shall reduce the amount due City under this Agreement until the purchaser of such facility has entered into a contract in lieu of taxes with City that provides for a continuation of like payments to City. (b) Company shall have the right to assign, transfer or convey all, or any part of, its rights, title and interest in the Agreement in connection with any transfer or conveyance of title to all or any part of the properties subject to this Agreement to any person or entity at any time of this Agreement; provided, however, that Company shall provide City with written notice of such assignment. Company shall be relieved of its obligations under this Agreement to the extent that an assignee expressly assumes Company's obligations in a written instrument binding such assignee to City. Subject to the preceding, this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Page 4 0 ARTICLE IV. CITY'S OBLIGATIONS 1 . City agrees that it will not annex, attempt to annex or in any way cause or permit to be annexed any portion of lands or facilities or properties of said Company covered by this Agreement for the period of the Agreement except as follows: (a) If the City determines that annexation of all or any part of the properties covered by this Agreement belonging to said Company is reasonably necessary to promote and protect the general health, safety and welfare of persons residing within or adjacent to the City, the City will notify Company in accordance with state jaw of the proposed annexation, In the event of such annexation, Company will not be required to make further payment under this Agreement for any calendar year commencing after such annexation becomes final with respect to the property so annexed, but shall nevertheless be obligated to make full payment for the year during which such annexation becomes effective if the annexation becomes effective after January 1st of said year. (b) In the event any municipality other than the City attempts to annex separately or in the event the creation of any new municipality shall be attempted so as to include within its limits any land which is the subject matter of this Agreement, City shall, with the approval of Company, seek immediate legal relief against any such attempted annexation or incorporation and shall take such other legal steps as may be necessary or advisable under the circumstances with all costs of such action being borne equally by the City and by the said Company or companies with Company(s portion allocated on the basis of Assessed Values. 2. The City further agrees that during the term of this Agreement, there shall not be extended or enforced as to any land and property of Company within said City of Beaumont Industrial District, any rules, regulations, or any other actions: (a) seeking in any Page 5 way to control the platting and subdivisions of land, (b) prescribing any buildings, electrical, plumbing or inspection standards or equipment, or (c) attempting to regulate or control in any way the conduct of Company's activities, facilities or personnel thereof. 3. It is understood and agreed that during the term of this Agreement or any renewals thereof, City shall not be required'to furnish any municipal services to Company's property located within the City of Beaumont Industrial District; provided, however, City agrees to furnish fire protection to Company should such protection be requested by Company in the event an unusual emergency situation occurs. AQriri G v TERMINATION FOR BREACH It is agreed by the parties to this Agreement that only full, complete and faithful performance of the terms hereof shall satisfy the rights and obligations assumed by the parties and that, therefore, in addition to any action at law for damages which either party may have, Company shall be entitled to enjoin the enactment or enforcement of any ordinance or charter amendment in violation of, or in conflict with, the terms of this Agreement and shall be entitled to obtain such other equitable relief, including specific performance of the Agreement, as is necessary to enforce its rights. It is further agreed that should this Agreement be breached by Company, City shall be entitled, in -addition to any action at law for damages, to obtain specific performance of this Agreement and such other equitable relief necessary to enforce its rights. ARTICLE VI. Arch IAT9:C The benefits accruing to Company under this Agreement shall also extend to Company's "parent," "affiliates" and to any properties owned or acquired by said parent and affiliates within the area described in Exhibit "A" to this Agreement, and where reference is made herein to land, property and improvements owned by Company, that shall also include Page 6 land, property and improvements owned by its parent and/or affiliates. The word "affiliates" as used herein shall mean all companies with respect to which Company directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise the control over fifty percent (50%) or more of the stock having the right to vote for the election of directors. The word "parent" as used herein shall mean all companies which directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise control over fifty percent (50%) of the stock having the right to vote for the election of directors of Company. 2025. ARTICLE VII. TERM OF AGREEMENT The term of this Agreement shall be for te-4 eleven years, expiring December 31, NOTICES Any notice provided for in this Agreement, or which may otherwise be required by law shall be given in writing to the parties hereto by certified mail addressed as follows: TO CITY City of Beaumont Attn: City Manager 801 Main Street Beaumont, Texas 77704 TO COMPANY Natgasoline LLC PO Box 2008 Nederland, TX 77627 IN WITNESS THEREOF, this Agreement, consisting of 9 pages plus Exhibit "A" is executed in duplicate counterparts as of this 19th day of January, 2019. Page 7 ATTEST: Tina Broussard City Clerk ATTEST: City of Beaumont Kyle Hayes City Manager Natgasoline, LLC. Page 8 EXHIBIT "A" The proposed project is to construct a new Chemical Plant. The ability to construct this plant will enable Company to increase its productivity and marketing ability. The facility would be constructed on approximately 514 acres of land (the defined boundary of the OCI Reinvestment Zone is attached). Significant components of the facility will include: The project provides for the design and construction of one (1) methanol unit and one (1) methanol to gasoline unit (MtG), related utility, infrastructure and logistics improvements. The proposed investment (or construction) for which the tax limitation is sought will include one (1) methanol unit and one (1) methanol to gasoline unit (MtG), along with all process auxiliaries including but not limited to packaged systems, blowers and fans, furnaces, heat exchangers, electrical heaters, , rotary valves, vessels, reactors, scales, trolleys and hoists pipe ways, utility service lines, raw material pipelines, storage tanks, compressors, drums,. heat exchangers, pumps, filters piping, insulation, electrical switchgear, transformers, instrumentation equipment, equipment and structural foundations and supports, control equipment and facilities, warehouses, raw material and utility distribution improvements, flare, shipping facility improvements, inter -plant piping, other chemical processing equipment, modifications, tie-ins, upgrades and revamps to existing facilities, air compressors, electrical sub -stations, road improvements, utilities (including all lines), flares, tankage, pipe connections, cooling towers, waste water units, control, administration and other plant buildings, water and sewer treatment facilities, fire prevention and safety equipment, any other tangible personal property utilized in the process, storage, quality control, shipping, waste management and general operation of the methanol and MtG units and any other infrastructure additions, upgrades and modifications related to the methanol unit, The qualified investment and qualified property will also include any other necessary equipment to construct a fully functioning manufacturing plant. Page 9 F BEAUMONT TEXAS TO: City Council FROM: - Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: January 15, 2019 REQUESTED ACTION: Council consider a resolution authorizing the granting of four (4) Utility Crossing Agreements outside the City of Beaumont. BACKGROUND ExxonMobil Oil Corporation has requested permission to install four (4) 10.75" pipelines to transport light cycle oil. The 10.75" pipeline will cross an existing 6" water line and an 8" gravity sewer line along Spindletop Road however; there are no city improvements along Sulphur Drive and Amoco Road. The pipelines will be constructed in accordance with City requirements. 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 four (4) Utility Crossing Agreements to ExxonMobil Oil Corporation, substantially in the form attached hereto as Exhibit 'A," to install a ten and three quarter inch (10.75") pipeline which is intended to transport light cycle oil. This pipeline will cross one (1) six inch (6") water line and one (1) eight inch (8") gravity sewer line located along Spindletop Road. Said pipeline is to be constructed in compliance with City requirements. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of January, 2019. - Mayor Becky Ames - APPLICATION FOR UTILITY CROSSING AGREEMENT OUTSIDE THE CORPORATE LIMITS OF THE CITY OF BEAUMONT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name:.- -ExxonMobil Oil Corporation Business Phone: ( 601) 672-9376 Business Address: 22777 Springwood Village Parkway, Spring, Texas 77399 The City of Beaumontohereinafter called "City", for and in consideration ,of the sum specified herein $500.00 application fee plus $409.50 (182 linear feet for a total of $909.50 hereby grants to ExxonMobil Oil Corporation hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of Oil, gas, water, or light cycle Oil products, on or across the following City easement and/or property situated outside the City of Beaumont, Jefferson County, Texas, but being within our Extra -Territorial Jurisdiction (ETJ) and/or Certificate of Convenience and Necessity (CCN) and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Nearest Street Distance to Easement Length ,(Linear Foot) of Crossing Sulphur Drive 182 linear foot 1 EXHIBIT "A" 0 51 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 for linear foot usage shall be made to the Water Utilities Department 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: 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. All pipelines crossing City of Beaumont utility easements, water or sanitary sewer easements shall be bored from easement line to easement line. Within these limits, the pipeline shall be protected by casing or other method approved by the City Water Utilities Department. 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. The pipeline shall be installed a minimum of three (3) feet below ground and 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. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 3). 2 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 Water Utilities Department. Operations along easements shall be performed in such a manner that 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 structures. The cost of any repairs to structures, sanitary sewer lines, water lines or other easement features as a result of this installation will be borne by the owner of this line. 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. • Any licenses, permits or agreements required by another governmental entity (County, State or Federal) to adjoining property shall be obtained and a copy of such document shall be provided to the City. • 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. • The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to the City 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 Water Utilities 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. • Installation will be done in accordance with all City standards and statutes of the State of Texas. 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: • Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident • Property Damage: $1,0001000.00 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. J 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 a period of one (1) year from the date of completion of construction of the pipeline. 4 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, its 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 PROPERTY: 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 property involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the property 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 (Water Utilities Department) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City property 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 the property. 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 the property occupied by Licensees' pipeline, 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, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; 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 within City property. NOTIFICATION/INSPECTION: Any and all work to be performed on City property 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. Licensee shall provide the City (Water Utilities Department) forty-eight (48) hours prior to the installation of the lines permitted by this license. 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 Water Utilities Department 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 shallgive 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 ExxonMobil Oil Corporation P.O. Box 3827 22777 Springwood Village Parkway Beaumont, Texas 77704 Spring, Texas 77399 Attn: City Manager Attn: Matthew Horneman 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. 7 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 LO -A ATTEST: City Clerk Kyle Hayes, City Manager APPLICANT'S COMPANY NAME: (Licensee) ExxonMobil Oil Corporation Represented by: Matthew Horneman Agent and Attorney in Fact Title AT"Secretary By: JEFFERSON COUNTY, TEXAS !� `VIEf1�1T�Y-WASP JOHN A. BEATCH SURVEY, ABSTRACT NO. 55 t,T?� c ITE LOCA710N 1 i O k r 'R=16A ,r p0 IL -10, �`4��a� FQOPO Q`tJ�o�; ' J� F�OPo d, NED2,lE-005.000 �• �y 4. F� �G OF O J� y6 P O O G� I �Op oQ�� COQ O GAO COQ �OG`c G�5 pw O�OQ �x`LR �x•\�,�x��Q/�'� NED2,lE-004.000 I ' / /� ' 37 _ FLOW �/ 1 0+00 / 1+00 Z i -//.. 2+00 21' EXISTING FOREIGN PIPELINE 1 LAT.' 30°01'39"N [:7 LONG, 94'04'01 "W > � �o 7d w co z J N .....--'U co 10 0 dCD O O Z m MINIMUM TEST PRESSURE: 2160 PSIG KWEFOR PERAGF MAXIMUM OPERATING PRESSURE: 1440 PSIG A MEEfBORE](CEED9 THE REWRENENTB OFTHE CODE OF FEDERAL REOULAT '%TNLE x qq Q0 LL 0 tz NO. O6 DATE APPR SCALE DATE DRAWN I CHEMED APPROVED 40' ......... w ASNGTED . 0 ......-1 24245 1 BMT-N2-IVIRI6-UP-HID-0001 1 OF 1 ....... U O C7 11 C`7 O N C7 O � �o 7d w ce x m LL. LL O O 0- (D 0 .............. 0 H W J N .....--'U co 10 O O O 'VERT: 1"=10' `CL PROPOSED 10" MR -16A (LCO) PIPELINE z NED2-JE-005.000 00 Z 0 Q Z LLI40' LL...... .. ....... C141 m t } 20'pr.,Rn, L7-'1' ............................................... _ ..........................r......0 UN D ....�20' OL........25'CLR.................................................. I ..................................... I....................1-20' 0' 53' CLR. ............................I................ ....... .......... 6.. I.................... CL PROPOSED 10" MR -16A (LCO) PIPELINE -�-- -60'.......................................................................................................................... PRODUCT: LIGHT CYCLE OIL CROSSING PIPE: 10.75" O.D. X 0.469° W.T., API 5L, PSL 2, PLAN AND PROFILE SMLS, WM2 TO 16 MILS FUSION BONDED EPDXY AND HORIZ 1"=40' 20 TO 24 MILS ARO 'VERT: 1"=10' MINIMUM TEST PRESSURE: 2160 PSIG KWEFOR PERAGF MAXIMUM OPERATING PRESSURE: 1440 PSIG k8UNOHOON LEE.APROFESSN] ENGD✓EEI NIT"EVATEOFTEX %HERE9Y0IXTIFY THATTHECNRANDMECHANICALDMONOFTHEPO'ELNEAND MLATEDA58E1 UES A MEEfBORE](CEED9 THE REWRENENTB OFTHE CODE OF FEDERAL REOULAT '%TNLE INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL 'T CER;7=MN$ N "GU�R""iEe CoNTAMco NOTES: ATLTMS RAWjN -E' T"E �AiE`DNEEG 'SYSTENPRIORTOOE=AVATION.THESEOOWMENT ARR NO. RELFABED FOR TN6 PUIa'08P OP PERADTTNG ONLY AND ARE NOTTO BE USED FOR CONBTRUCTION. 1. CROSSING PIPE SHALL EXTEND TO RIGHT-OF-WAY LIMITS. 2. REVIEW CROSSING AGREEMENT FOR ADDITIONAL REQUIREMENTS 3. PROPOSED PIPELINE WILL MAINTAIN MINIMUM 2' CLEARANCE FROM UfILTT1ES AND FOREIGN PIPELINES. 4. COORDINATE SYSTEM: NAD83 TEXAS STATE PLANE, SOUTH CENTRAL ZONE, US FOOT R83 -SCF) SUNOH00N ME DATE TEXAS PE NO.11] E&onMobil EXXONMOBIL MR -164 PIPELINE PROJECT -00' -60' ROAD CROSSING DETAIL DRAWING G ISUEFORPERMR =7018 FA PROPOSED 10" MR -16A PIPELINE B KWEFOR PERAGF mQTnme FA SULPHUR DRIVE CROSSING A SRE FOR APPROVAL W14018 FA NED2�lE-005.900 NO. REVISION DATE APPR SCALE DATE DRAWN I CHEMED APPROVED PRm. Na GNUMBER SHEET ASNGTED momma TN I - FA 24245 1 BMT-N2-IVIRI6-UP-HID-0001 1 OF 1 APPLICATION FOR UTILITY CROSSING AGREEMENT OUTSIDE THE CORPORATE LIMITS OF THE CITY OF BEAUMONT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: ExxonMobil Oil Corporation Business Phone: ( 601) 672-9376 Business Address: 22777 Springwood Village Parkway, Spring, Texas 77399 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $500.00 application fee plus $90.00 (40 linear feet for a total of $590.00 hereby grants to ExxonMobil Oil Corporation hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of Oil, gas, water, or light cycle Oil products, on or across the following City easement and/or property situated outside the City of Beaumont, Jefferson County, Texas, but being within our Extra -Territorial Jurisdiction (ETJ) and/or Certificate of Convenience and Necessity (CCN) and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Nearest Street Distance to Easement Length (Linear Foot) of Crossing Amoco Road 40 linear foot 1 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 for linear foot usage shall be made to the Water Utilities Department 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: 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. All pipelines crossing City of Beaumont utility easements, water or sanitary sewer easements shall be bored from easement line to easement line. Within these limits, the pipeline shall be protected by casing or other method approved by the City Water Utilities Department. • The pipelineshall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. • The pipeline shall be installed a minimum of three (3) feet below ground and 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. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 3). 2 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 Water Utilities Department. Operations along easements shall be performed in such a manner that 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 structures. The cost of any repairs to structures, sanitary sewer lines, water lines or other easement features as a result of this installation will be borne by the owner of this line. 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. • Any licenses, permits or agreements required by another governmental entity (County, State or Federal) to adjoining property shall be obtained and a copy of such document shall be provided to the City. • 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. • The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to the City 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 Water Utilities 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. Installation will be done in accordance with all City standards and statutes of the State of Texas. REQUERED 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: Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident 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 a period of one (1) year from the date of completion of construction of the pipeline. 4 • 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, its 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 PROPERTY: • 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 property involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the property 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 (Water Utilities Department) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City property 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. 61 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 the property. 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 the property occupied by Licensees' pipeline, 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, Licensee shall be reimbursed fully by the person or, corporation desiring or occasioning such change for any expense arising out of such change; 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 within City property. NOTIFICATION/INSPECTION: Any and all work to be performed on City property 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. Licensee shall provide the City (Water Utilities Department) forty-eight (48) hours prior to the installation of the lines permitted by this license. 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 Water Utilities Department 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. D 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 parry 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 ExxonMobil Oil Corporation P.O. Box 3827 22777 Springwood Village Parkway Beaumont, Texas 77704 Spring, Texas 77399 Attn: City Manager Attn: Matthew Horneman 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. 7 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 VVHEREOF, 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) ExxonMobil Oil Corporation Represented by: Matthew Horneman Agent and Attorney in Fact Title ATTES T - BY: JEFFERSON COUNTY TEXAS r rc1N TFXMA' T s� e W JAMES INGALLS SURVEY, ABSTRACT NO. 157 t ��apGP� - �SPUR380uj �� ti/�'srtE�'ioN CL Lu Lu Q Lu W W W p Z pir CL co 0 ) C7 V LL W W W O V m o O W -' .5., '�,s J in J a? O O C3-0 w I N m W D y Oo a a o aO a o� o� UOx �OCn. I- I- t- o a w CD + a+�a+ o 00 C3 + + ¢O±± CD II _ J w LAT. 30°09'30"N NED2,lE-009.000 �+ o I LONG: 94°03'50" W FLOW LU .85° z 0+00 1+00 2+00 19' I I CL PROPOSED 10" MR -16A NED2-JE-009.000 i I A(L CO) PIPELINE D I J T z EXISTING FOREIGN PIPELINE LU' n a z o z WFL a Y U W ¢ Q ¢ C7 W O z§ O O O co D ¢ OCJ of OCD C3 O m zC u. OoLL02 z Ll- LL_O O O o z L -L- O N O o Z Of 0 Lu 40' ¢ - • • • ¢ - _ _ _ AIR LIQUIDE PIPELINE of 0 0 o v Lu or w o N 18.5' COVER) .� . o o ...................................... . 0 0 + + + + + + ++ CD AIR LIQUIDE PIPELINE NATURAL (16.9' COVER) GROUND 20' ------------- - NATURAL• GROUND............. ..... ... ...................;..... 20' 21' CLR. 18' CLR. _ - - -- 25'C LR. - Z 39CLR. - - z 21'C R. 22' CLR. - Z -20' . -.................................................. ................................................... 20' CL PROPOSED 10" MR -16A (LCO) PIPELINE 401............................................................................................................................... .40' o-00'L...............................................................................................................................J-00' PLAN AND PROFILE $ PRODUCT: LIGHT CYCLE OIL LF R 1° = 40' CROSSING PIPE: O.D. X 0.469° W.T., API 5L, PSL 2, VERT: 1°=10' VE SMLS, WM2 TO 16 MILS FUSION BONDED EPDXY AND zF 20 TO 24 MILS ARO Z MINIMUM TEST PRESSURE: 2160 PSIG � MAXIMUM OPERATING PRESSURE: 1440 PSIG I, SUNOHDON LEE, A PROFEBSM)NAL ENGU®i 01 THE STATE OPTEXAS. HEREBY CERTRY TRATTHECV AND MEC JCALDESIGN°F THE WE E AND RELATED ASSZMSIl INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL'2. MEETS OR EXCEEDS THE REOUIRENENTS OF THE CODE OF FEDERAL REGULATIONS. TIRE LATEST ,DSP � To'GA;�N GUARANTNIEETTHAT E' ZI NOTES: M� NO T1MDRAWtNG� CCOIN�LE OR CONCLUSIVE WORYATION. WE CONSTRUCTION CONTRACTOR MUST CONTACT THE STATE'ONE CALL- SYSTEM PRIOR TO ANY EXCAVATION. THESE DOCUMENTS ARE RELEASED FOR THE PURPOSE OF P ITDMG ONLY AND ARE NOT TO Be USED FOR caHsrnDcrroN. 0 1. CROSSING PIPE SHALL EXTEND TO RIGHT-CF•WAY LIMITS. ' 2 REVIEW CROSSING AGREEMENT FOR ADDITIONAL REQUIREMENTS 3. PROPOSED PIPELINE WILL MAINTAIN MINIMUM Z CLEARANCE FROM o UTILITIES AND FOREIGN PIPELINES. 4. COORDINATE SYSTEM: NAD83 TEXAS STATE PLANE, SOUTH CENTRAL ZONE, US FOOT (TX&3SCF) SUNGHOON LEE DATE TEXASm No.11]me WO �I ♦�,�Tp � �l/auYcl➢a11 C�IIS 1wTP�T,DNAL E&onMobil 0 EXXONMOBIL ROAD CROSSING DETAIL DRAWING PROPOSED 10" MR -16A PIPELINE D &SUE FOR PERMR DBR7WI8 FA .MR -16A PIPELINE § AMCO ROAD CROSSING B ISSUE FOR FEW 07D712018 FA PROJECT A 6SUEFORAPPRWAL o5/4Ro15 FA NED2-JE-009.900 N0. REVISgN DATE APFR. a SCALE DATE I DRAWN CHEtlSD I APPROVED PROJ. NO. DRAVANGNUMBER SHEET z L� ASNGTED DwcrAne TN sra FA 24245 BMT-N2-MR16-UP-HD-0003 1 0171 APPLICATION FOR UTILITY CROSSING AGREEMENT OUTSIDE THE CORPORATE LIMITS OF THE CITY OF BEAUMONT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: ExxonMobil Oil Corporation Business Phone: ( 601) 672-9376 Business Address: 22777 Springwood Village Parkway, Spring, Texas 77399 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $500.00 -application fee plus $92.25 (41 linear feet for a total of $592.25 hereby grants to ExxonMobil Oil Corporation hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of Oil, gas, water, or light cycle Oil products, on or across the following City easement and/or property situated outside the City of Beaumont, Jefferson County, Texas, but being within our Extra -Territorial Jurisdiction (ETJ) and/or Certificate of Convenience and Necessity (CCN) and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Nearest Street Distance to Easement Length (Linear Foot) of Crossing Amoco Road .41 linear foot 1 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 for linear foot usage shall be made to the Water Utilities Department 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: 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. • All pipelines crossing City of Beaumont utility easements, water or sanitary sewer easements shall be bored from easement line to easement line. Within these limits, the pipeline shall be protected. by casing or other method approved by the City Water Utilities Department. • 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. • The pipeline shall be installed a minimum of three (3) feet below ground and 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. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 3). 2 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 Water Utilities Department. • Operations along easements shall be performed in such a manner that 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 structures. The cost of any repairs to structures, sanitary sewer lines, water lines or other easement features as a result of this installation will be borne by the owner of this line. 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. • Any licenses, permits or agreements required by another governmental entity (County, State or Federal) to adjoining property shall be obtained and a copy of such document shall be provided to the City. • 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. • The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to the City 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 3 Department and Nater Utilities 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. Installation will be done in accordance with all City standards and statutes of the State of Texas. 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: Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident 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 a period of one (1) year from the date of completion of construction of the pipeline. 4 • 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, its 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 PROPERTY: 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 property involved with this license. Notification, 'to Licensee, of other construction and/or maintenance permitted by the City and within the property 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 (Water Utilities Department) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City property 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. 5 • 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 the property. 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 the property occupied by Licensees' pipeline, 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, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; 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 within City property. NOTIFICATION/INSPECTION: • Any and all work to be performed on City property 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. • Licensee shall provide the City (Water Utilities Department) forty-eight (48) hours prior to the installation of the lines permitted by this license. 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 Water Utilities Department 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 ExxonMobil Oil Corporation P.O. Box 3827 22777 Springwood Village Parkway Beaumont, Texas 77704 Spring, Texas 77399 Attn: City Manager Attn: Matthew Horneman 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 IM ATTEST: City Clerk Kyle Hayes, City Manager APPLICANT'S COMPANY NAME: (Licensee) ExxonMobil Oil. Corporation Represented by: Matthew Horneman . Agent and Attorney in Fact Title ATTEST: By: WA 14 t Secretary z 0 NED2-JE-011.000 JEFFERSON COUNTY, TEXAS PILHAM HUMPHREYS SURVEY, ABSTRACT NO. 32 Us 69 zz s zzz MI / `JJ J � u Lu J�7J -0 o:?,m�? 0.4 �� as a -c aaa ?�o�� 2QfC;il oQ o a w a w� o O� �w>mZ �U ��5� CROSSING PIPE: 10.75° O.D. X 0.469° W.T., API 5L, PSL 2, 300�� QAW�X-(w9d�awwo-s w O www �a�awa Qu'F�ar°00'u0'0- — O 000 b o cn 117 a aas m •'- r� rn N co m N �J r LL HLA'fOa ............................................ LLAT 30°01'08"N LONG: 94G03'13W a ala NED2,lE-012.000 -- FLOC I }r 80° 2+00 P LCL I I z PROPOSED 10" MR -1 6A (LCD) PIPELINE MI / (L(L CD)PIPELINE ////�/ 'Lu all�° PRODUCT: LIGHT CYCLE OIL C7 ¢ O O (D7 e CROSSING PIPE: 10.75° O.D. X 0.469° W.T., API 5L, PSL 2, Cq 0 OZtL w O O �. C',z w O — O U_ O 2 LL%Zm OQ LL MINIMUM TEST PRESSURE: 2160PSIG LL MAXIMUM OPERATING PRESSURE: 1440PSIG LL HLA'fOa ............................................ Lu v o 040 w. f c olcl 93v ,- NATURAL 20' GROUND ...........................-t� ENTERPRISE PIPELINE + (O.T COVER) NATURAL ....... ..................... GRQUNP.. .... ... ENTERPRISE PIPELINE (6.0' COVER) 26' 22 p ENTERPRISE PIPELINE .. .... 23' .. CLR. 51' CLR. CLR. CLR. � 57' CLR. 55' CLR. 45' CLR. (5.5' COVER) 40' 20' 0' ..- ..............:....... -20' _............................................................. -40' 1. CROSSING PIPE SHALL EXTEND TO RIGHT-OF-WAY LIMITS. 2 REVIEW CROSSING AGREEMENT FOR ADDITIONAL REQUIREMENTS 3. PROPOSED PIPELINE WILL MAINTAIN MINIMUM T CLEARANCE FROM UTILITIES AND FOREIGN PIPELINES. 4. COORDINATE SYSTEM: NADB3 TEXAS STATE PLANE, SOUTH CENTRAL ZONE, US FOOT (TX83SC9 s"GHooN LEE DATE TEXAS PE NO. ll] ��►Uma�egams 1NTERRR7IORxL EXXONMOBIL MR -16A PIPELINE PROJECT B ME FOR PMW A MEFORAPPRO-VAL 40.1 REVISION SCALE I ATS DRAWN AS NOTED OW2018 iN 017/1018 FA OM4=8 FA DATE APP0. aiEc�G APPROVED SHL FA ftonMobil ROAD CROSSING DETAIL DRAWING PROPOSED 10" MR -16A PIPELINE ,MOCO ROAD EXTENSION CROSSIN( NED2-JE-012.900 PRO.I. NO. DRAWNGNUMBEN SHEEP 24245 BMT -N241116 -UP -HD -0004 1 1 OF 1 `— PROPOSED 10" MR -16A 607 (L(L CD)PIPELINE ............................................•............. -00, PRODUCT: LIGHT CYCLE OIL PLAN AND PROFILE CROSSING PIPE: 10.75° O.D. X 0.469° W.T., API 5L, PSL 2, SMLS, W112 TO 16 MILS FUSION BONDED EPDXY AND HORIZ: 1"=40' VERT: 1'= 10' 20 TO 24 MILS ARO MINIMUM TEST PRESSURE: 2160PSIG MAXIMUM OPERATING PRESSURE: 1440PSIG LBUNOHOONLEF•APROFEBSONA ENGBEEAbTHESTATEOFTEGSNEP®YCERFY TNATTNEGrauGraauNKA�GESGNGFn�PwE"mAmREATmAssEemuEs INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL 49.P OR %-rRASTHETAMX F11 011 COGS OF BY PIPEL REGUUTtON3,TIILE TH„"CERTr ATIONxx BNo auFARAN 8T0}IAYVIIiiBRAWPNG CE'OWMS 00 NOTES: 'OOR F6YSTE4 OMMEUSTM9A EE NE CALL-IVE STATE PRIOR TO ANYNYT VANTIOOON, T"HAE50fE RELFAS®FORTNE PURPOSE OF PERYITRNG ONLY ANG ARE NOTTO BE UBEO FOR CONSTRu,mBN. 1. CROSSING PIPE SHALL EXTEND TO RIGHT-OF-WAY LIMITS. 2 REVIEW CROSSING AGREEMENT FOR ADDITIONAL REQUIREMENTS 3. PROPOSED PIPELINE WILL MAINTAIN MINIMUM T CLEARANCE FROM UTILITIES AND FOREIGN PIPELINES. 4. COORDINATE SYSTEM: NADB3 TEXAS STATE PLANE, SOUTH CENTRAL ZONE, US FOOT (TX83SC9 s"GHooN LEE DATE TEXAS PE NO. ll] ��►Uma�egams 1NTERRR7IORxL EXXONMOBIL MR -16A PIPELINE PROJECT B ME FOR PMW A MEFORAPPRO-VAL 40.1 REVISION SCALE I ATS DRAWN AS NOTED OW2018 iN 017/1018 FA OM4=8 FA DATE APP0. aiEc�G APPROVED SHL FA ftonMobil ROAD CROSSING DETAIL DRAWING PROPOSED 10" MR -16A PIPELINE ,MOCO ROAD EXTENSION CROSSIN( NED2-JE-012.900 PRO.I. NO. DRAWNGNUMBEN SHEEP 24245 BMT -N241116 -UP -HD -0004 1 1 OF 1 APPLICATION FOR UTILITY CROSSING AGREEMENT OUTSIDE THE CORPORATE LIMITS OF THE CITY OF BEAUMONT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: ExxonMobil Oil Corporation . Business Phone: ( 601) 672-9376 Business Address: 22777 Springwood Village Parkway, Springy, Texas 77399 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $500.00 application fee plus $90.00 (40 linear feet for a total of $590.00 hereby grants to ExxonMobil Oil Corporation hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of Oil, gas, water, or light cycle Oil products, on or across the following City easement and/or property situated outside the City of Beaumont, Jefferson County, Texas, but being within our Extra -Territorial Jurisdiction (ETJ) and/or Certificate of Convenience and Necessity (CCN) and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Nearest Street Distance to Easement Length (Linear Foot) of Crossing Spindletop Road 42 linear foot 1 I 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 for linear foot usage shall be made to the Water Utilities Department 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: 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. All pipelines crossing City of Beaumont utility easements, water or sanitary sewer easements shall be bored from easement line to easement line. Within these limits, the pipeline shall be protected by casing or other method approved by the City Water Utilities Department. 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. The pipeline shall be installed a minimum of three (3) feet below ground and 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. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 3). 2 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. Borepits 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 Water Utilities Department. Operations along easements shall be performed in such a manner that 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 structures. The cost of any repairs to structures, sanitary sewer lines, water lines or other easement features as a result of this installation will be borne by the owner of this line. 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. • Any licenses, permits or agreements required by another governmental entity (County, State or Federal) to adjoining property shall be obtained and a copy of such document shall be provided to the City. • 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. • The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to the City 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 Water Utilities 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. Installation will be done in. accordance with all City standards and statutes of the State of Texas. 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: Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident 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 a period of one (1) year from the date of completion of construction of the pipeline. 4 • 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, its 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 PROPERTY: • 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 property involved with this license. Notification, to Licensee, of other construction and/or. maintenance permitted by the City and within the property 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 (Water Utilities Department) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City property 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. 5 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 the property. 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 the property occupied by Licensees' pipeline, 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, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; 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 within City property. NOTIFICATIONANSPECTION: Any and all work to be performed on City property 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. Licensee shall provide the City (Water Utilities Department) forty-eight (48) hours prior to the installation of the lines permitted by this license. 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 Water Utilities Department 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: Nonassiggable 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 ExxonMobil Oil Corporation P.O. Box 3827 22777 Springwood Village Parkway Beaumont, Texas 77704 Spring, Texas 77399 Attn: City Manager Attn: Matthew Homeman 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. 7 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 ATTEST: City Clerk ATTEST: Lin Secretary M. CITY OF BEAUMONT, TEXAS IM Kyle Hayes, City Manager APPLICANT'S COMPANY NAME: (Licensee) ExxonMobil Oil Corporation Represented by: XXI'IV /611-�^ — - — — e Matthew Horneman Agent and Attorney in Fact Title 0 JEFFERSON COUNTY, TEXAS 77-7: JOHN A. BEATCH SURVEY, ABSTRACT NO. 55 -, 0 C LLz? . a' ti{Y,5 W � C. O a ¢ o� ~ a Sao t Q o o C)ir L� o Pizo h is U Q O m o IDA y wo Ow (L ':C: E`s SeiM z a oaoo (0 U3 0 w �aw Iwy �a- W O U w O dao O co O O N M + u7 0 0 o O p O O L6 0 0 NED2,lE-005.000 I 8 i NED2,lE-006.200 _ FLOW 1 „ } '- 0+00 1 1 z I/ 1 a 1+00 "—CL PROPOSED 10" MR -16A LAT. 30°01'37"N x 31' LONG: 94°03'59"W SMLS, Wl12 TO 16 MILS FUSION BONDED EPDXY AND HORIZ: 1'=40' x I EXISTING FOREIGN PIPE E E I ~ In NED2TE-006.000 W 0 1 0 CD O cn o i O W u. O $N "F"�""OT Eµ "Q4 OG fAUW9 Z O W 40' ........................................... w o O m 0 0 O 0 e- + z ¢ w .ID + 1+00 NATURAL o CD CDI CD CD o CD o NATURAL 20' GROUND ................................ 1 GROUND 20' 0. ........................................... ......... I........ 1***'* .................................................... 0. -20' ............................................... 74'CLR..78'CLR...... ............................................. -20' CL SED ao'� .\`\ �........ I...................I...(LCO)PPOELINE10"MR-16A......... I 40' -60'L ....................... I ................. "—CL PROPOSED 10" MR -16A PROPOSED 10" MR -16A PIPELINE CROSSING PIPE: 10.75° O.D. X 0.469° W.T., API 5L, PSL 2, (LCO) PIPELINE SMLS, Wl12 TO 16 MILS FUSION BONDED EPDXY AND HORIZ: 1'=40' 20 TO 24 MILS ARO VERT: 1'= 10' IW NED2TE-006.000 i I 24245 o i O W $N "F"�""OT Eµ "Q4 OG fAUW9 O z a CAT0 ATiHR�ORAWWo�O CO PL"E OR CONCLMI E INFORMATION. THE CONMUC ION CONTRACTOR NU3T CONTACTTHE J O CONSFRUCTM 1. CROSSING PIPE SHALL EXTEND TO RIGHT -0F -WAY LIMITS. c—LI- co 3. PROPOSED PIPELINE WILL MAINTAIN MINIMUM 2' CLEARANCE FROM co UTILITIES AND FOREIGN PIPELINES. 1 CV O i V Lu W 0 Lu O (D iCD Z = 11 w o ..o . ¢ o ......................................... 40' iv+ � + �Lo NATURAL o CD CDI CD CD o CD o NATURAL 20' GROUND ................................ 1 GROUND 20' 0. ........................................... ......... I........ 1***'* .................................................... 0. -20' ............................................... 74'CLR..78'CLR...... ............................................. -20' CL SED ao'� .\`\ �........ I...................I...(LCO)PPOELINE10"MR-16A......... I 40' -60'L ....................... I ................. PRODUCT: LIGHT CYCLE OIL PROPOSED 10" MR -16A PIPELINE CROSSING PIPE: 10.75° O.D. X 0.469° W.T., API 5L, PSL 2, _ PLAN AND PROFILE SMLS, Wl12 TO 16 MILS FUSION BONDED EPDXY AND HORIZ: 1'=40' 20 TO 24 MILS ARO VERT: 1'= 10' MINIMUM TEST PRESSURE: 2160PSIG PRO1 Na MAXIMUM OPERATING PRESSURE: 1440 PSIG I,MNOHOONLEE- APROFESSION"N"REERINTHESTATEOFTMCk%HEREBYCERTIFY THAT THE CML ANO NECK"CAL ll S N OF THE PU'ELINE AND RELATED Ei 24245 la:EfS ORE CEEDSTHE REQu"ENENTSOFTHE CODE OF FEOERALREODUTNklS, TFILE INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL;„,PCMTl $N "F"�""OT Eµ "Q4 OG fAUW9 NOTES: CAT0 ATiHR�ORAWWo�O CO PL"E OR CONCLMI E INFORMATION. THE CONMUC ION CONTRACTOR NU3T CONTACTTHE STA ONE CALL' SYSTEN PRIOR TOANY EYCAVATION.THESE OOCUNEHTSRE A REL REB FOR THE PURPOSE OF PERNRTWO ONLY ANO ARE NOT TO BE USED FOR CONSFRUCTM 1. CROSSING PIPE SHALL EXTEND TO RIGHT -0F -WAY LIMITS. 2. REVIEW CROSSING AGREEMENT FOR ADDITIONAL REQUIREMENTS 3. PROPOSED PIPELINE WILL MAINTAIN MINIMUM 2' CLEARANCE FROM UTILITIES AND FOREIGN PIPELINES. 4. COORDINATE SYSTEM: NAD83 TEXAS STATE PLANE, SOUTH CENTRA. ZONE, US FOOT (TX83SCF) SUNGFIOCN IZE DATE TE%A9PP N0.111N4 mm Universelegasus . � INTes}ATPwAL A>•AYq �k'u EXXONMOBIL MR -164 PIPELINE PROJECT ISSIIEFORPOW ME FOR PERMIT 15511E FOR APPRWAL REVLSAN SCALE I DATE ORA4I1 ASNOTEO aEusrmle TN E&onMobil ROAD CROSSING DETAIL DRAWING OM70018 FA PROPOSED 10" MR -16A PIPELINE 070Q/7078 FA SPLINDLETOP AVENUE CROSSING OB FA NED2-JE-006.900 DAIIE DATE APPR 3=7 APPROVED PRO1 Na DRAVM NUMEER SHEET sa I FA 24245 BMT-N2-MR16-UP-HD-0002 I 1 OF 1 G BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: January 15, 2019 REQUESTED ACTION: Council consider a resolution authorizing the Mayor, City Manager, City Attorney, Emergency Management Coordinator and other designees to execute a Mutual Aid Agreement (MAA) and four addendums with the Beaumont Independent School District. Mutual aid agreements provide a mechanism for local governments to seek assistance when emergencies present equipment and manpower requirements beyond the capacity of an individual jurisdiction. A number of the City plans and Hurricane Harvey operations and recovery efforts reflect collaboration between the City and BISD for facility, manpower, transportation, and other anticipated resource sharing needs. This revision will update language and account for changes in resources and personnel. Four addendums are provided to support the agreement by providing standard procedures for common coordination functions. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. MUTUAL AID AGREEMENT BETWEEN CITY OF BEAUMONT AND BEAUMONT INDEPENDENT SCHOOL DISTRICT State of Texas § County of Jefferson § This Mutual Aid Agreement (the "Agreement") is entered into by and between the City of Beaumont (City) and the Beaumont Independent School District (BISD) that by their signatures on duplicate original copies of this Agreement have consented to the terms of this Agreement (individually, a "Party", and collectively, the "Parties"). WHEREAS, the Parties recognize the vulnerability of the people and the community to damage, injury, and loss of life and property resulting from Emergencies and recognize that Emergencies may present equipment and manpower requirements beyond the capacity of each individual Party; and, WHEREAS, the Parties to this Agreement recognize that in the past Mutual Aid has been provided between or among the Parties in the form of personnel, equipment, and other resources during Emergencies and to help with recovery; and, WHEREAS, the governing officials of the Parties desire to secure for each Party the benefits of Mutual Aid and protection of life and property in the event of an Emergency; and, WHEREAS, the Parties wish to make suitable arrangements for furnishing Mutual Aid in coping with Emergencies and are so authorized and make this Agreement pursuant to Chapter 791 of the Texas Government Code (Interlocal Cooperation Act), Chapter 418 of the Texas Government Code (Texas Disaster Act of 1975), Chapter 421 of the Texas Government Code (Homeland Security), and Chapter 362 of the Local Government Code; and, WHEREAS, the Parties recognize that a formal agreement for Mutual Aid would allow for better coordination of effort, provide that adequate equipment is available, and help ensure that Mutual Aid is accomplished efficiently. The Parties desire to enter into this Agreement to provide Mutual Aid consistent with the mutual aid plans developed by the respective jurisdictions and approved by the governing bodies of the' jurisdictions. NOW, THEREFORE, the Parties agree as follows: Terms 1. RECITALS The recitals set forth above are true and correct. 2. DEFINITIONS For purposes of this Agreement, the terms listed below shall have the following meanings: a. Agreement — this Mutual Aid Agreement between the City of Beaumont and BISD. b. Emergency — Any incident, whether natural or human -caused, that requires responsive action to protect life and property. c. Mutual Aid — a homeland security activity, such as an activity related to the prevention or discovery of, response to, or recovery from a terrorist attack, natural or man-made disaster, hostile military or paramilitary action, or extraordinary law enforcement emergency and also includes personnel, equipment, and other resources. d. NIMS — the National Incident Management System. e. Point of Contact — the individual or individuals authorized by the governing body of each Party to request or respond to a request for Mutual Aid on behalf of the Party. A Party's Emergency Management Director or Chief Executive Officer is always a Point of Contact, in addition to those designated as the Point of Contact. f. Requesting Party,— the Party requesting Mutual Aid under this Agreement. g. Respondin�agy — the Party providing Mutual Aid assistance under this Agreement. 3. POINT OF CONTACT DESIGNATION Each party shall provide to the other written protocol by which its' designated Point of Contact may be contacted twenty-four hours a day, ,seven days a week. This protocol shall designate, by name or position, the person or persons authorized to request or respond to a request for Mutual Aid on behalf of a Party under this Agreement. Each Party must notify the other party in writing of any change in its Point of Contact protocol as soon as practicable. 4. ACTIVATION OF AGREEMENT This Agreement is activated when a request is made for mutual aid assistance. Mutual Aid Agreement Page 2 of 11 5. INITIATION OF REQUEST A request under this Agreement may be made by a Point of Contact after one of the following occurs: 1. After a declaration of a local state of Disaster pursuant to Chapter 418 of the Texas Government Code, as amended; or, 2. After a finding of an Emergency as defined in this Agreement. 6. PROCEDURES FOR REQUESTS Subject to the conditions in this Section, a Point of Contact may request Mutual Aid assistance by: (1) submitting a written request for assistance to a Point of Contact of a Responding Party, or (2) orally communicating a request for Mutual Aid assistance to a Point of Contact of a Responding Party, which shall be followed up by written documentation within thirty days. a. The written request shall state that the request is made pursuant to this Agreement. b. Mutual Aid shall not be requested by a Party unless it is directly related to the Emergency and resources available from the normal response to the stricken area are deemed to be inadequate, or are predicted to be expended prior to the resolution of the Emergency. c. All requests for Mutual Aid shall be transmitted by a Point of Contact of the Requesting Party to a Point of Contact of the Responding Party or in accordance with the terms of this Agreement. d. Each request for assistance shall be accompanied by the following information, to the extent known: i. A general description of the Emergency and the damage or injury sustained or threatened; ii. Identification of the general emergency, service function or functions for which assistance is needed (e.g. fire, law enforcement, emergency medical, search and rescue, transportation, communications, public works and engineering, , building, inspection, planning and information assistance, mass care, resource support, health and other medical services, etc.) and the particular type of assistance needed; iii. The amount and type of personnel, equipment, and other resources needed and a reasonable estimate of the length of time that each will be needed; iv. The location(s) to which the resources are to be dispatched and the specific time by which the resources are needed; and, Mutual Aid Agreement Page 3 of 11 V. The name and contact information of a representative of the Requesting -Party, if available, to meet the personnel and equipment of any Responding Party at each location to which resources are dispatched. 7. THE PROVISION OF MUTUAL AID Subject to the conditions of this Section, upon request of the Requesting Party, the assisting Party hereto shall furnish Mutual Aid in coping with an Emergency. a. Assessment of Availability of Resources and Ability to Render Assistance. When contacted by a Requesting Party, a Point of Contact of the Party from which aid is requested agrees to assess local resources to determine availability of personnel, equipment and other assistance to respond to the request. A Responding Party is not required to provide Mutual Aid assistance unless the Responding Party determines that the Responding Party has sufficient resources to provide assistance, based on current or anticipated events in its jurisdiction. b. Information Required of the Responding Party. A Point of Contact who determines that the Responding Party has available personnel, equipment, and other resources, shall so notify the Requesting Party and provide the following information, to the extent known: i. A complete description of the personnel and their expertise and capabilities, equipment, and other resources to be furnished to the Requesting Party; ii. The estimated length of time that the personnel, equipment, and other resources will be available; iii. The name of the person or persons to be designated as supervisory personnel; and, iv. The estimated time of arrival for provided assistance to arrive at the designated location(s). c. Supervision and Control. When providing assistance under the terms of this Agreement, the response effort must be organized and function in accordance with NIMS guidelines. The personnel, equipment, and resources of a Responding Party being used in the response effort will be under the operational control of the Requesting Party. Direct supervision and control of personnel, equipment and resources, as well as personnel accountability, shall remain the responsibility of the designated supervisory personnel of the Responding Party. Emergency Medical Services organizations providing assistance under this Agreement will utilize medical protocols authorized by their medical director. The designated supervisory personnel of the Responding Party shall: maintain daily personnel time records, material records and a log of equipment hours; be responsible for the operation Mutual Aid Agreement Page 4 of 11 and maintenance of the equipment and other resources furnished by the Responding Party; and, report work progress to the Requesting Party. d. Food, Housing, and Self -Sufficiency. The Requesting Party shall have the responsibility of providing food and housing for the personnel of the Responding Party from the time of their arrival at the designated location(s) to the time of their departure. However, Responding Party personnel and equipment should be, to the greatest extent possible, self-sufficient while working in the Emergency area. The Requesting Party may limit its request for assistance to only self-sufficient personnel and resources in its request for assistance. e. Rights and Privileges. Personnel who are assigned, designated or ordered by their Party's governing body to perform duties pursuant to this Agreement shall continue to receive the same wages, salary, pension and other compensation including injury or death benefits, disability payments, and workers' compensation benefits, for the performance of those duties as though the services had been rendered for the Party employing the personnel. The Responding Party employing the person is responsible for the payment of wages, salary, pension, and other compensation and benefits associated with the performance of duties under this Agreement. Requesting party will reimburse Responding Party upon submission of request for reimbursement as outlined in section eight, "Costs." f. License Portability. If the assistance of a person who holds a license, certificate, permit, or other document evidencing qualification in a professional, mechanical, or other skill is requested by a Party under this Agreement, the person is considered licensed, certified, permitted, or otherwise documented in the Requesting Party's jurisdiction in which the service is provided as long as the service is required, subject to any limitations imposed by the chief executive officer or governing body of the Requesting Party. g. The Duration of Aid. The provision of Mutual Aid under this Agreement may continue until the services of the Responding Party are no longer required, or the Responding Party determines that further Mutual Aid should not be provided. Resources of the Responding Party shall remain subject to recall by the Responding Party at any time, subject to reasonable notice to the Requesting Party. h. Training. An appointed public officer whose position description, job duties, or assignment includes emergency management responsibilities or who plays a role in emergency preparedness, response, or recovery shall complete a course of training provided or approved by the division of emergency management in the office of Mutual Aid Agreement Page 5 of 11 C the governor of not less than three hours regarding the responsibilities of state and local governments in accordance with Government Code Chapter 418. i. Technology. BISD will provide camera surveillance access via VPN to Beaumont Emergency Management and select law enforcement personnel designated by Emergency Management to support tactical and emergency management operations. The Office of Emergency Management will request VPN access to surveillance cameras through the BISD IT Director. The BISD IT Department will maintain the list of authorized users. This list will be audited jointly on a yearly basis. Access will only be used to support official law enforcement and emergency management activities. 8. COSTS All costs associated with the provision of Mutual Aid exceeding twelve consecutive hours shall be paid by the Responding Party and reimbursed by the Requesting Party at actual cost, to the extent permitted by law. Such costs include but are not limited to: compensation for personnel; operation and maintenance of equipment; damage to equipment; and food, lodging and transportation expenses. a. Requests for reimbursement must be submitted as soon as practicable but no later than sixty days after the return of all personnel deployed under this Agreement. Submission will follow the standard billing practices as pre -established by each jurisdiction. Failure to submit a request for reimbursement within the specified time frame will result in the Responding Party not being reimbursed for the Mutual Aid provided unless the Requesting Party extends the deadline for filing requests for reimbursement or the Federal or State Government extends the deadline for filing request for reimbursement. Such requests shall specifically identify all personnel, equipment, and resources provided; dates of issuance or duration of deployment, and the unit cost and total costs associated with each. b. The Responding Party shall be responsible for creating and maintaining a record of all costs incurred, both reimbursed and unreimbursed costs, in providing Mutual Aid under this Agreement. The record shall be kept for a period,of three years from the date the incident is closed. c. In the event federal funds are available for costs associated with the provision of Mutual Aid, the Parties agree that the Requesting Party may make the claim for the eligible costs of the Responding Party on its subgrant application and will disburse the federal share of funds to the Responding Party. d. Reimbursement under this Section will. be made by the Requesting Party no later than: (1) one -hundred eighty days after receipt of the request for reimbursement; or (2) ninety days after the Requesting Party receives reimbursement from the federal or state government, whichever is sooner. Mutual Aid Agreement Page 6 of 11 e. The provision of Mutual Aid will be considered non -reimbursable if the Responding Party does not request reimbursement within the time specified in this Section. 9. INSURANCE a. Workers' Compensation Coverage.- Each Party shall be responsible for complying with the Texas Workers' Compensation Act. b. Automobile Liability Coverage. Each Party shall be responsible for complying with the Texas motor vehicle financial responsibility laws. c. General Liability, Public Officials Liability and Law Enforcement Liability. Each Party agrees to obtain or continue its general liability, public official's liability and law enforcement liability insurance, if applicable, or maintain a comparable self-insurance program. d. Other Coverage: The Responding Party shall provide and maintain its standard packages of medical and death benefit insurance coverage while its personnel are assisting the Requesting Party. 10. EXPENDING FUNDS a. Each Responding Party which performs services or furnishes aid pursuant to this Agreement shall do so with appropriated funds from current revenues available to the Responding Party, to the extent permitted by law. No Party shall have any liability for the failure to expend funds to provide aid hereunder. b. Each Requesting Party which reimburses costs of a Responding Party shall do so with appropriated funds from current revenues available to the Requesting Party, to the extent permitted by law. 11. EMERGENCY ASSISTANCE AND LAW ENFORCEMENT ASSISTANCE Notwithstanding any other provisions herein, any Party hereto may provide emergency assistance or law enforcement assistance to another Party as provided in Section 791.027 of the Texas Government Code or Section 362.002 of the Texas Local Government Code. 12. TERM This Agreement shall become effective as to each Party when approved and executed by that Party and shall be binding on each and every Party through December 31 of the year signed. This Agreement shall automatically renew for a period of one year upon the completion of the initial term and each subsequent term unless and until such time as the governing body of a Party terminates its participation in this Agreement pursuant to Section 21 of this Agreement. Termination of participation in this Agreement by a Party(ies) shall not affect the continued operation of this Agreement between and among Mutual Aid Agreement Page 7 of 11 the remaining Parties and this Agreement shall continue in force and remain binding on r the remaining Parties. 13. LIABILITY IN FIRE PROTECTION CONTRACT OR PROVISION OF LAW 1 ENFORCEMENT SERVICES To the extent that this Agreement is considered an Agreement under Section 791.006 of the , Texas Government Code, the Responding Party under this Agreement is not responsible for any civil liability that arises from the furnishing of services described in Section 791.006. 14. LIABILITY UNDER INTERLOCAL CONTRACT A Party that furnishes a service related to a homeland security activity, as defined in Chapter 421 of the Texas Government Code, under this Agreement is immune from civil liability for any act or omission resulting in death, damage, or injury while acting under this Agreement if the act or omission was in good faith and in the course and scope of its functions to provide a service related to a homeland security activity. 15. ENTIRETY This Agreement - contains all commitments and agreements of the Parties regarding Mutual Aid to be rendered during or in connection with an Emergency. Included as a component of this Agreement are four (4) addendums providing specific procedures for common resource sharing operations. They are provided for continuity and general coordination purposes at an operational level. All previously entered into Mutual Aid Agreements are superseded by this Agreement. No other oral or written commitments of the parties shall have any force or effect if not contained herein. Notwithstanding the preceding sentence, it is understood and agreed that the Parties may have heretofore contracted or hereafter contract with other entities for Mutual Aid in Emergencies or the provision of other government services and functions, and it is agreed that this Agreement shall be of no effect to any such individual agreement. 16. INTERLOCAL COOPERATION ACT The Parties agree that Mutual Aid in the context contemplated herein is a "governmental function and. service" and that the Parties are "local governments" as those terms are defined in the Interlocal Cooperation Act. 17. CONFIDENTIALITY The Parties recognize that the provision of Mutual Aid under this Agreement may result in the transfer of confidential medical information between them. The- Parties shall guard the confidentiality of such information as required by the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Texas Medical Practice Act, and other state privacy laws pertaining to the confidentiality of medical records. Mutual Aid Agreement Page 8 of 11 18. SEVERABILITY If a provision contained in this Agreement is held invalid for any reason, the invalidity does not affect other provisions of this Agreement that can be given effect without the invalid provision, and to this end the provisions of this Agreement are severable. 19. VALIDITY AND ENFORCEABILITY If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement shall continue in full force and effect. . 20. AMENDMENT. This Agreement is effective immediately upon signature by all parties and will only be terminated after one party notifies the other party 30 days in advance of its intent to terminate. The Agreement will be reviewed every year from the effective date by the designated points of contact. The parties agree that this agreement may be amended with the mutual consent and approval of the parties in writing, but may require Council or School Board approval if applicable. 21. TERMINATION The governing body of a Party which is a signatory hereto, shall, by order, ordinance, or resolution, give notice as provided herein of termination of participation in this Agreement and submit a certified copy of such order, ordinance, or resolution to the other Party. Such termination shall become effective not earlier than 30 days after providing such notice. 22. THIRD PARTIES This Agreement is intended to inure only to the benefit of the Parties hereto. This Agreement is not intended to create, nor shall be deemed or construed to create, any rights in third parties. 23. NOTICES Any notice required or permitted between the Parties must be in writing, addressed to the attention of the respective Point of Contact, and shall be delivered in person, or mailed certified mail, return receipt requested, or may be transmitted by facsimile transmission. 24. AUTHORIZATION The Agreement has been officially authorized by the governing or controlling body of Mutual Aid Agreement Page 9 of 11 each Party hereto by order, ordinance or resolution and each signatory to this Agreement represents that the signatory has full authority to execute this Agreement on behalf of and to legally bind the respective Party to this Agreement. 25. IMMUNITY RETAINED The Parties to this Agreement do not waive or relinquish any immunity or defense on behalf of itself, officers, employers, agents, and volunteers as a result of its execution of this Agreement and the performance of the covenants contained herein. 26. GOVERNING LAW AND VENUE The laws of the State of Texas shall govern this Agreement. Mandatory and exclusive venue of any dispute between the Parties to this Agreement shall be in Jefferson County, Texas. EXECUTED by the Parties hereto, each respective entity acting by and through its duly authorized official as required by law, on multiple counterparts each of which shall be deemed to be an original, effective among the parties who sign it at the time of their signature, on the date specified on the multiple counterpart executed by such entity. ATTEST/SEAL: City or County Clerk APPROVED: City Manager APPROVED AS TO FORM: City of Beaumont, TEXAS Signed by: Mayor COUNTERSIGNED BY: Emergency Management Coordinator DATE COUNTERSIGNED: City Attorney L.D. File No. ATTEST/SEAL: Beaumont Independent School District, TEXAS Signed by: Mutual Aid Agreement Page 10 of 11 Agency Clerk APPROVED:. Superintendent APPROVED AS TO FORM: BISD Attorney President, Board of Managers/Trustees COUNTERSIGNED BY: Associate Superintendent, Secondary Schools DATE COUNTERSIGNED: Mutual Aid Agreement Page 11 of 11 Addendum #1 to Mutual Aid Agreement between Beaumont and BISD (Strategic National Stockpile (SNS)) ADDENDUM #1 TO MUTUAL AID AGREEMENT BETWEEN BEAUMONT INDEPENDENT SCHOOL DISTRICT AND THE CITY OF BEAUMONT This Addendum #1 is agreed to and executed by and between the Beaumont Independent School District ("BISD" or "the District") and the City of Beaumont ("the City" or "Beaumont"). The following clarification is provided for continuity and specificity purposes to provide an understanding of anticipated roles, procedures, and requests in relation to the Mutual Aid Agreement ("MAA"), specifically Paragraph 15. To the extent that the terms of this Addendum are contrary to the terms of the MAA, the terms of this Addendum shall control and, be binding on the parties, as follows: I. PURPOSE Under a grant from the Department of State Health Services, the Beaumont Public Health Department ("Department") is required to plan and prepare for a public health emergency that may result from natural or manmade causes. During such an emergency, it may be necessary to immunize or treat all or large numbers of people in the area served by the District and the Department. Prior public health experience with mass immunizations has shown that schools are well suited to this activity because: 1) Their location is known to large numbers of individuals within the community; 2) They are central within sectors of the community; 3) They have large assembly areas; 4) They have other necessary facilities such as refrigeration and restrooms. The Department has concluded that the District possesses facilities that are qualified to serve if mass immunization or treatment is necessary. The District desires to be as helpful as possible in the event of a public health emergency, and agrees to make its facilities available for purposes of mass immunization or treatment, under the terms set out below. A. The District and the Department have concluded that this contemplated use of the facilities is a "governmental function" as defined in the Interlocal Agreement Act. 1. 1. Public Health Emergency B. This Agreement will go into effect only if: 1. The Commissioner of Health or the local health authority declare that large scale immunization or treatment is necessary as a control measure for an outbreak of communicable disease; and 2. Classes at the facility are either not scheduled, or are canceled, or if other arrangements are mutually agreed upon based on the specific circumstances at the time the need arises. II. OBLIGATIONS OF THE DEPARTMENT A. The Department will supply or arrange for all equipment, vaccine, medicine and personnel necessary to administer the vaccine or medication. B. The Department will supply or arrange for all equipment and personnel necessary for staffing, security, crowd control and other tasks, except as described in section IV below Addendum 1 of Mutual Aid Agreement Page 1 of 3 Addendum #1 to Mutual Aid Agreement between Beaumont and BISD (Strategic National Stockpile (SNS)) C. The Department will be responsible for disposal of medical waste and disinfection at the facility following its use for the emergency. The health authority will provide written assurance of its safety for use as a school facility following its use. D. The Department will be responsible for any damage to property belonging to the District as a result of its use during the public health emergency, and to the extent they can be determined, costs for utilities described in section IV below. This compensation is mutually agreed to be "an amount that fairly compensates the performing party" as stated in the Interlocal Cooperation Act. The amounts to be paid to the District will be paid from current revenues available to the Department. E. The Department is responsible for the acts and negligence of its employees or volunteers, to the extent allowable under state and federal law. 111. -OBLIGATIONS OF THE DISTRICT A. The District is responsible for allowing the use of the facility and utilities (gas, electric, water, and telecommunications) normally associated with its use as a school facility. B. The District is responsible for providing use of all rooms, fixtures, and equipment existing at the facility that the Department regards as necessary for on-site use during the period of the emergency. C. The District will provide at least one person on-site during the period of emergency use with access to the rooms, fixtures and equipment described above. D. The District will provide nursing and other staff support as available and based on mutual agreement based on the specific circumstances at the time the need arises. E. The District is responsible for the acts and negligence of its employees or volunteers, to the extent allowable under state and federal law. F. The District will track all appropriate costs related to provision of mutual aid specific to supporting the response to the public health emergency and will provide appropriate documentation to the City sufficient to meet FEMA standards and requirements for reimbursement. IV. PRIMARY CONTACTS: A. Sherry Ulmer, City of Beaumont, Public Health Director, 950 College St, Beaumont, Texas 77705, (409)832-4000 B. Jenny Angelo, BISD Executive Director of Curriculum and Instructions, 4315 Addendum 1 of Mutual Aid Agreement Page 2 of 3 Addendum #1 to Mutual Aid Agreement between Beaumont and BISD (Strategic National Stockpile (SNS)) Concord Rd., Beaumont, TX 77703, (409) 617-5053 C. Tim Ocnaschek, City of Beaumont, Emergency Management Coordinator, 700 Orleans, Beaumont, Texas 77701. Phone numbers: work (409) 980-7275, or (24/7 Dispatch- (409) 880-3865) D. Dr. Shannon Allen, BISD Associate Superintendent, Secondary Schools, 3395 Harrison, Beaumont, Texas 77706; (409) 617-5006. APPROVED: COUNTERSIGNED BY: City of Beaumont Beaumont Independent School District Emergency Management Coordinator Associate Superintendent, Secondary Schools City of Beaumont Beaumont Independent School District Public Health Director Director of Curriculum and Instruction, Supervisor for BISD Nurses Addendum 1 of Mutual Aid Agreement Page 3 of 3 Addendum #2 to Mutual Aid Agreement between Beaumont and BISD (Evacuation) ADDENDUM #2 TO MUTUAL AID AGREEMENT BETWEEN BEAUMONT INDEPENDENT SCHOOL DISTRICT AND THE CITY OF BEAUMONT This Addendum #2 is agreed to and executed by and between the Beaumont Independent School District ("BISD" or "the District") and the City of Beaumont ("the City" or "Beaumont"). The following clarification is provided for continuity and .specificity purposes to provide an understanding of anticipated roles, procedures, and requests in relation to the Mutual Aid Agreement ("MAA"), specifically Paragraph 15. To the extent that the terms of this Addendum are contrary to the terms of the MAA the terms of this Addendum shall control and be binding on the parties, as follows: I. PURPOSE In the event evacuation of the City is required, the City anticipates a need for coordination between the City Office of Emergency Management ("OEM") and BISD with regard to transportation and with the following expectations: II. EVACUATION PROCEDURE A. Beaumont anticipates approximately 3,500 general population evacuees based on triage guidance established by current Function Need Support Services ("FNSS") guidelines. Approximately 200 pets are expected to accompany this population. B. For planning purposes, the City has traditionally initiated mandatory evacuation in coordination with the countywide phased approach which begins at 8:00 AM for the coastal communities, and at 10:00 AM for Beaumont. C. Once the evacuation process begins, the Parties intend on continuing the evacuation without stopping until evacuation is complete. Evacuation will be concluded prior to onset of tropical force winds with enough time preceding those wind speeds to clear evacuating buses from the storm's wind field. Current U.S. Army Corp of Engineers (USAGE) evacuation time estimates reflect 32 hours to conduct an evacuation from within the City of Beaumont. III. ASSEMBLY SITES D. West Brook High School will serve as the main evacuation point for general population. A number of other schools will serve as assembly sites, including: a. Beaumont United High School b. MLK and Smith Middle Schools, and c. Charlton Pollard, Guess, Jones -Clark, Lucas, Martin and Pietzch-Macarthur Elementary Schools Addendum 2 of Mutual Aid Agreement Page 1 of 4 Addendum #2 to Mutual Aid Agreement between Beaumont and BISD (Evacuation) E. Buses will be available to transport community members from the assembly site to the evacuation point. During the period of evacuation community members will be able to leave their vehicles in the parking lots of the assembly sites. Bathrooms will be made available on site. F. BISD buses will be assigned to each assembly site and make trips carrying people and luggage to the Evacuation Point as frequently as safely possible. G. The evacuation point will serve both as an assembly site, and as an embarkation site where citizens board transport vehicles to be taken out of Beaumont. Both gyms and the hallway to the cafeteria, as well as all parking lots will be used for processing. H. West Brook High School may also serve as a reception site upon the return of the evacuees and operate in reverse. I. BISD police officers will support Beaumont PD officers assigned to provide security and parking oversight at the assembly sites and evacuation point. IV. EVACUATION DESTINATION J. Designated reception site OEM will facilitate hotel arrangements for drivers and authorized immediate family members. K. Personnel will be on per -diem status during deployment and any meals provided to all staff should be documented to ensure assessment of appropriate per -diem rates. Each will be required to submit an ICS 214 form for each shift to the Beaumont EOC. V. TRANSPORTATION OF EVACUEES L. Beaumont anticipates using State aid for transportation of general population evacuees out of Beaumont; however, if those assets are unavailable, BISD school buses will be requested. BISD will provide volunteer bus drivers when available. In case sufficient State buses are unavailable, and BISD volunteer bus drivers are insufficient to cover the need, BISD will provide City approved drivers with "just -in -time -training" to operate the remaining buses needed and submit documentation for reimbursement as required in the Agreement. M. Maintenance and sheltering of transportation assets from the City and/or the BISD will be facilitated by the designated reception site OEM if needed. The designated reception site OEM will facilitate bus staging/parking/security, driver lodging, and transportation of the drivers from the bus staging location to the lodging facility. Drivers will remain on per - diem status from the respective agency/jurisdiction. Drivers will not be sheltered with general population. Addendum 2 of Mutual Aid Agreement Page 2 of 4 Addendum #2 to Mutual Aid Agreement between Beaumont and BISD (Evacuation) N. Maintenance and sheltering of transportation assets provided through State Contract will be managed as per contract upon unloading evacuees. O. The City of Beaumont Public Health Department will make ambubus conversion kits for buses available to accommodate non-ambulatory passengers. The average capacity for non-ambulatory riders per bus is twelve (12) patients plus two medics. At least one bus will be outfitted with a conversion kit to provide more immediate use for periodic mass casualty emergencies that arise or for use during Hurricane Season. P. The City may coordinate with BISD to make a bus available for the transportation of caged pets. The City personnel will remove and store the seats and replace them once use is complete. VI. EVACUATION TRAVEL PLAN Q. A primary and alternate route for northbound evacuation will be determined based on the reception site identified. R. Beaumont will request State aid for rest stops at appropriate locations along the identified evacuation route. S. The City will provide route and site maps documenting the traffic management plan for each of the planned primary and alternate reception locations. T. Beaumont will provide a communication plan for BISD which will, at a minimum, include landline, email, cellular, and satellite contact methods. U. Command and coordination for the convoy will remain with the Beaumont Emergency Operations Center ("EOC") and Disaster District Committee 15/Beaumont ("DDCI5Beaumont") until the convoy enters the receiving jurisdictions of responsibility at which time command and coordination will transfer to the designated reception site EOC and DDC. Route assistance and support needs will be coordinated between the appropriate EOCs and DDCs. At a minimum, a convoy progress update/status check will be provided by Beaumont to the designated reception site once the convoy reaches a midpoint, regardless of remaining route taken. V. Beaumont anticipates authorizing re-entry immediately upon a determination that public health and safety hazards warrant return. In the event that the emergency has passed, return of evacuees will commence immediately or at such time as agreed upon between the City and the designated reception site EOCs. If a disaster does impact the City, a short time is required for assessments of the highly industrialized area to ensure critical infrastructure and key resources are sufficient to authorize complete or partial reentry. Additional sheltering of at least 1-3 days should be anticipated and available. VII. COMMUNICATION Addendum 2 of Mutual Aid Agreement Page 3 of 4 Addendum #2 to Mutual Aid Agreement between Beaumont and BISD (Evacuation) W. During any EOC evacuation or major incident, all public information messages from the City and the South East Texas Regional Planning Committee Council of Government ("SETRPC COG") are posted on the City's Public Safety Website. This information is available for re -posting and will include general assessment information. Additionally, all applicable situation reports for the EOC will be provided to the designated reception site OEM and will be maintained as "For Official Use Only." Re -posting of any information contained therein will be coordinated through the City's EOC and/or Public Information Office. The City will also provide direct access to the City's WebEOC account upon request. This enables an alternate source for situational awareness, power outage reports, and other information as well as an alternate communication link. VIII. COST X. BISD will track all appropriate costs related to provision of mutual aid specific to providing transportation for and supporting the Beaumont evacuees and will provide appropriate documentation to the City of Beaumont sufficient to meet FEMA standards and requirements for reimbursement. IX. PRIMARY CONTACTS A. Tim Ocnaschek, City of Beaumont, Emergency Management Coordinator, 700 Orleans, Beaumont, Texas 77701. Phone numbers: work (409) 980-7275, or (24/7 Dispatch- (409) 880-3865) B. Dr. Shannon Allen, BISD Associate Superintendent, Secondary Schools, 3395 Harrison, Beaumont, Texas 77706; (409) 617-5006. APPROVED: City of Beaumont Emergency Management Coordinator COUNTERSIGNED BY: Beaumont Independent School District Associate Superintendent, Secondary Schools Addendum 2 of Mutual Aid Agreement Page 4 of 4 Addendum #3 to Mutual Aid Agreement between Beaumont and BISD (General) ADDENDUM #3 TO MUTUAL AID AGREEMENT BETWEEN BEAUMONT INDEPENDENT SCHOOL DISTRICT AND THE CITY OF BEAUMONT This Addendum #3 is agreed to. and executed by and between the Beaumont Independent School District ("BISD" or "the District") and the City of Beaumont ("the City" or "Beaumont"). The following clarification is provided for continuity and specificity purposes to provide an understanding of anticipated roles, procedures, and requests in relation to the Mutual Aid Agreement ("MAA"), specifically Paragraph 15. To the extent that the terms of this Addendum are contrary to the terms of the MAA, the terms of this Addendum shall control and be binding on the parties, as follows: I. PURPOSE The City anticipates a need for general coordination and collaboration with BISD to promote overall all phases of emergency management, to include prevention, preparedness, response, recovery and mitigation. To that end, coordination between Beaumont Office of Emergency Management ("OEM") and BISD is outlined with the following expectations: II. OBLIGATIONS OF DISTRICT A. Designated BISD representative(s) will be pre -approved for direct access, sheltering, and partnership with the City Emergency Operations Center ("EOC") for routine planning, training, and EOC activations. BISD will provide a representative in the City of Beaumont EOC during relevant emergencies. B. BISD will provide parking and facility space for City responders and equipment as available. It is understood that certain hardened parking sites are prioritized for Entergy which has first right of refusal. The City requests the first right of refusal prior to authorizing use of space by other entities or agencies, except for those areas pre -designated for use as Entergy staging sites. C. BISD will track all appropriate costs related to the provision of mutual aid specific to supporting City operations and will provide appropriate documentation to the City of Beaumont sufficient to meet FEMA standards and requirements for reimbursement. III. OBLIGATIONS OF CITY A. The Beaumont Police Department will provide immediate armed emergency response or full tactical emergency response if needed within any BISD facility. B. Personnel assigned by the City EMO will staff any operations conducted within BISD facilities, and may request assistance from BISD employees if available. At a minimum, Addendum 3 of Mutual Aid Agreement Page 1 of 3 Addendum #3 to Mutual Aid Agreement between Beaumont and BISD (General) this assistance will include BISD personnel with facility keys, knowledge of facility security and layout, building services, etc. C. The City will conduct a security plan and ADA worksheet on each site identified for potential use for City sponsored operations which will be maintained as security sensitive information at the EMO. D. Notification by City EMO of desire to initiate coordinated operations at a BISD facility will be made as early as the need becomes evident, or when mandatory evacuations are announced for hurricane -related disasters. E. Beaumont and BISD officers will coordinate communications through existing interoperable radio talkgroups, as well as landline, email, and cellular contact methods as appropriate. F. Beaumont Emergency Management will provide a communication plan for BISD, which will at a minimum include 800mhz radio, landline, email, fax, cellular, and satellite contact methods. G. During any EOC evacuation and/or evacuation, all public information messages from the City of Beaumont and the South East Texas Regional Planning Committee Council of Government ("SETRPC COG") ' are posted on the City of Beaumont Public Safety Website. This information is available for re -posting. This will include general assessment information. Additionally, all applicable situation reports for the EOC will be provided to BISD and will be maintained as For Official Use Only. Re -posting of any information contained therein will be coordinated. through the City of Beaumont EOC/PIO. H. BISD will also be provided direct access to the City's WebEOC account for key personnel upon need or request. This enables an alternate source for situational awareness, power outage reports, and other information as well as an alternate communication link. IV. PRIMARY CONTACTS A. Tim Ocnaschek, City of Beaumont, Emergency Management Coordinator, 700 Orleans, Beaumont, Texas 77701. Phone numbers: work (409) 980-7275, or (24/7 Dispatch- (409) 880-3865) B. Dr. Shannon Allen, BISD Associate Superintendent, Secondary Schools, 3395 Harrison, Beaumont, Texas 77706;. (409) 617-5006. Addendum 3 of Mutual Aid Agreement Page 2 of 3 Addendum 43 to Mutual Aid Agreement between Beaumont and BISD (General) APPROVED: COUNTERSIGNED BY: City of Beaumont Beaumont Independent School District Emergency Management Coordinator Associate Superintendent, Secondary Schools Addendum 3 of Mutual Aid Agreement Page 3 of 3 Addendum 44 to Mutual Aid Agreement between Beaumont and BISD (Closed POD) ADDENDUM #4 TO MUTUAL AID AGREEMENT BETWEEN BEAUMONT INDEPENDENT SCHOOL DISTRICT AND THE CITY OF BEAUMONT This Addendum #4 is agreed to and executed by and between the Beaumont Independent School District ("BISD" or "the District") and the City of Beaumont ("the City" or "Beaumont"). The following clarification is provided for continuity and specificity purposes to provide an understanding of anticipated roles, procedures, and requests in relation to the Mutual Aid Agreement ("MAA"), specifically Paragraph 15. To the extent that the terms of this Addendum are contrary to the terms of the MAA, the terms of this Addendum shall control and be binding on the parties, as follows: I. PURPOSE In the event of a Public Health Emergency event in the State of Texas, local and regional health and medical infrastructure and associated resources will be quickly committed to providing the necessary treatment and supporting strategies to effectively respond to a potential evolving event or to support the response to an actual event. Expectations are that the existing local and regional medical and health infrastructure will also be compromised due to lack of adequate staff, equipment, and pharmaceutical support available due to the impacts and demands of the event. Therefore, resources from the state, federal, and private sector will be quickly mobilized to augment local and regional medical and health resources and support the effective management and distribution of the Strategic National Stockpile ("SNS"). Large employers can assist in this endeavor by providing employees and their families direct support that reduces the number of citizens having to use general population points of distribution. Specifics required to participate in this function are set out below. A. Definitions Push Site - During a public health emergency that requires preventive medications be provided to large numbers of people, a Push Site is a facility within a jurisdiction that is designated to either receive medication or to pick up medication in order to provide it to a group of people who would otherwise have to travel to a point of dispensing ("POD") to receive the preventive medication. Push sites must have medical or pharmaceutical personnel and volunteers capable of providing the preventive medications to the facility population, staff, and others as locally determined. i. RSS Push Site — Receives medications directly from the State Receive, Store and Stage ("RSS") warehouse facility. ii. Local Push Site — Picks up medications from a pre -determined site away from the general public. May receive a delivery of the medications from the initial delivery site, IF such delivery plans have been made by the local health department. Addendum 4 of Mutual Aid Agreement Page 1 of 4 Addendum #4 to Mutual Aid Agreement between Beaumont and BISD (Closed POD) B. Use of Facility and Staff 1. As a Local Push Site, the District agrees to send designated staff to a pre -determined location that has been agreed to by the City and the District, to pick-up the SNS materials, supplies, antibiotics, and/or vaccines. The District agrees to provide the City with names and identifying information of those staff who are designated to pick-up the SNS materials, supplies, antibiotics, and/or vaccines. 2. As a Local Push Site, the District agrees to make arrangements to provide security escorts for their staff if appropriate and available. 3. The District agrees to provide the City with the estimated total number of people (adults and children) who will receive preventive medications at the District so that an appropriate amount of SNS material may be ordered. 4. The District agrees to be responsible for maintaining the physical security and integrity of the SNS materials received and to comply with the handling instructions provided by the City. 5. The District agrees to return unopened, unused antibiotics and/or vaccine to the City. 6. The District agrees to use the Health History forms provided by the City Public Health Department and to submit copies of the completed Health History forms to the City following the public health emergency. 7. The District agrees to develop a detailed plan and/or Standard Operating Guideline ("SOG") for providing preventive medications to its population, staff, and others during a public health emergency that requires preventive medications be provided to large numbers of people in the jurisdiction where the District is located and further agrees to allow the City to review its plan and/or SOG. C. City of Beaumont 1. The City agrees to ship preventive medications for the District to the pre -designated location where staff of BISD, a Local Push Site, will pick up the materials, based on the apportionment and pre -determined, estimated number of people (children and adults) to receive preventive medication at the District. Addendum 4 of Mutual Aid Agreement Page 2 of 4 Addendum #4 to Mutual Aid Agreement between Beaumont and BISD (Closed POD) 2. The City agrees to provide training on mass dispensing/mass vaccination to the District medical or pharmaceutical personnel and other staff and volunteers, prior to a public health emergency, if the training is requested. 3. The City agrees to provide instructions and standing delegation orders to the District. 4. The City agrees to provide Health History forms to the District and to accept completed Health History forms from the District following the public health emergency. 5. The City agrees to receive unopened, unused antibiotics and/or vaccine from the District following the public health emergency. D. Contact Information 1. The District agrees to provide the City with the appropriate facility 24-hour per day 7 -day per week contact information, and update this information as necessary. 2. The City agrees to provide the District with the contact information of those who are authorized to notify the District in the event of an emergency requiring the use of the District as a Push Site. E. Confidentiality 1. To the extent allowed by the law, the District and the City agree that they will not disclose this agreement and that the subject matter of this agreement is sensitive and confidential. This document is maintained by or for a governmental entity for the purpose of responding to an act of terrorism and relates to a tactical plan of governmental providers and thus should be confidential under Government Code §418.176(a)(2). F. Costs 1. BISD will track all appropriate costs related to the -provision of maintaining a Local Push Site and will provide appropriate documentation to the City sufficient to meet FEMA standards and requirements for reimbursement. G. Primary Contacts 1. The District and the City intend that the work under this agreement shall be carried out in the most efficient manner possible. To that end, the parties intend to designate individuals that will serve as primary contacts. The District and the City intend that, to the maximum extent possible and unless otherwise approved by the other, all significant communications shall be made through the primary contacts or their designees. The designated primary contacts for each party are the City of Beaumont Public Health Director Addendum 4 of Mutual Aid Agreement Page 3 of 4 Addendum #4 to Mutual Aid Agreement between Beaumont and BISD (Closed POD) or EMC and the Executive Director of Curriculum and Instruction, Supervisor for BISD Nurses and Associate Superintendent for Secondary Schools. . i. Sherry Ulmer, City of Beaumont Public Health Director, 950 College St., Beaumont, Texas 77705, (409) 832-4000 ii. Jenny Angelo, BISD Executive Director of Curriculum and Instructions, 4315 Concord Rd., Beaumont, TX 77703, (409) 617-5053 iii. Tim Ocnaschek, City of Beaumont Emergency Management Coordinator, 700 Orleans, Beaumont, Texas 77701. [Work] (409) 980-7275, or [24/7 Dispatch] (409) 880-3865 iv. Dr. Shannon Allen, BISD Associate Superintendent, Secondary Schools, 3395 Harrison, Beaumont, Texas 77706; (409) 617-5006. APPROVED: COUNTERSIGNED BY: City of Beaumont Emergency Management Coordinator Beaumont Independent School District Associate Superintendent, Secondary Schools City of Beaumont Beaumont Independent School District Public Health Director Director of Curriculum and Instruction, Supervisor for BISD Nurses Addendum 4 of Mutual Aid Agreement Page 4 of 4 RESOLUTION NO. WHEREAS, previously the City Council of the City of Beaumont, Texas approved resolutions authorizing the Mayor, City Manager, City Attorney,. Emergency Management Coordinator and other designees to execute mutual aid agreements between the City of Beaumont and the Beaumont Independent School District (BISD) for the purpose of emergency management and disaster planning to provide for the protection of life and property in the event of an Emergency; and, WHEREAS, a request has been made to revise the previous mutual aid agreements and replace them with one (1) Mutual Aid Agreement and Addendums; 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 Mayor, City Manager, City Attorney, Emergency Management Coordinator and other designees be and they are hereby authorized to execute a new Mutual Aid Agreement and Addendums between the City of Beaumont and the Beaumont Independent School District (BISD) for the purpose of emergency management and disaster planning to provide for the protection of life and property in the event of an Emergency. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of January, 2019. - Mayor Becky Ames - BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 15, 2019 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-2/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a resolution authorizing the City Manager to award a contract to Chief Solutions, Inc., of Houston for the Sewer Evaluation -Work Order Contract — Phase H Project 2. Consider a resolution approving the purchase and installation of bleacher covers at the Beaumont Athletic Complex COMMENTS * Public Comment (Persons are limited to 3 minutes) * Councilmembers/City Manager comment on various matters WORK SESSION * Review and discuss authorizing the sale of Temporary Housing Units following Hurricane Harvey EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Edna Hornsby Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit: Specifically city -owned property at 3455 Sarah Street Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. i January 15, 2019 Consider a resolution authorizing the City Manager to award a contract to Chief Solutions, Inc., of Houston for the Sewer Evaluation Work Order Contract — Phase II Project J r BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: January 15, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a contract to Chief Solutions, Inc., of Houston, Texas for the Sewer Evaluation Work Order Contract — Phase II Project. BACKGROUND The Sewer Evaluation Work Order Contract — Phase II will be used to clean, televise, and evaluate the City's sewer collection system to identify cost effective methods to rehabilitate defective manholes and mainlines. On December 20, 2018, two (2) bids were received for furnishing all labor, materials, equipment, and supplies for the project. The bids are indicated in the table below: Contractor Contractor Location Total Bid Amount Chief Solutions, Inc. Houston, TX $499,926.95 CSI Consolidated LLC DBA Aims Companies Pearland, TX $572,575.00 Engineer's Estimate $458,060.00 Based on a review of the bids and required documents received, the Water Utilities Engineer recommends awarding the project to Chief Solutions, Inc., the low bidder, in the amount of $499,926.95. Chief Solution, Inc., is a certified MBE with the City of Beaumont. A total of 730 calendar days are allocated for completion of the project. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. BID TABULATION Sewer Evaluation Work Order Contract -Phase O Bid No. WU111945 BID OPENING DATE December 20, 2018 The Bid Proposals s;�? revl �d and to the best of my knowledge this is an rate tabulation of the bids received iicirven ois NguyenE, Wa UtiFJugineer Date: 12 2 812 01 8 ITEM NO. QUANTITY UNIT DESCRIPTION Bid Schedule (Engineers Estimate) Chief Solutions Chief Davis Houston, TX 77088 Bid Ad ustmeM Factor 1.1026 CSI Consolidated LLC DBA Alms Companies Kent Ford Pearland, TX 77581 Bid Adiustment Factor 1.25 BASE BID ITEMS UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 1 1 LS Mobilization, including payment bond, performance bond, Insurance, and moving equipment to pro)ect (Not to exceed 5% of Total Base Unit Prices S 15,000.00 $ 15,000.00 S 16,539.00 $ 18,539.00 S 18,750.00 S 18,750.00 2 30 ODO LF Clean 6'-10' Sewer All Depths S 1.71 S 51 300.00 S 1.89 S 58,563.3B S 2.14 S 64 125.00 3 15,C00 LF Cleaning 12'-15' Sewer An Depths S 1.97 $ 29 550.00 S 2.17 S 32 581.83 2.48 S 38 937.50 4 7,500 LF Cleaning Vr-24" Sewer Ail Depths $ 2.63 $ 19 725.00 S 290 S 21 748.79 $ 3.29 S 24 65625 5 2,000 LF Cleaning 26°JD" Sewer All Depths $ 525 S 10 500.00 S 5.79 S 11 577.30 $ 6.56 S 13 125.00 6 1,0D0 tF Cleaning 32"-96" Sewer An Depths S 10.50 S 10 500.00 $ 11.58 $ 11 577.30 17-_ 13.13 $ 13 125.00 7 7,500 LF Cleaning 42"-48' Sewer All De $ 15.75 $ 118 125.00 S 17.37 S 130 44.63 S 19.69 S 147 65625 8 1,0D0 LF Cleaning 54"-72" Sewer Ali Depths S 18.00 $ 18 000.00 19.85 S 19 846.80 $ 22.50 S 22 500.00 9 30,000 lF TV Inspection 8'-10" Sewer All Depths S 1.31 S 39 300.00 S 1.44 S 43,332.18 S 1.84 S 49125.00 10 15 O00 LF TV In 'on 12"-15' Sewer All Depths $ 1.31 $ 19 650.00 S 1.44 $ 21 666.09 S 1.64 S 24.562-50 11 7500 LF TV Inspection 16"-24"Sewer, All Depths S 1.97 $ 14775.00 S 2.17 S 18 90.92 $ 2.46 S 18468.75 12 ZODO LF TV Inspection 26"-W Sewer An Depths S 2.83 $ 5,260.00 290 S 5,799.68 $ 3.29 $ 8,575.00 13 1 DDO LF TV Inspection 32"-36" Sewer All Depths S 4.59 S 4 590.00 $ 5.08 $ 5,080.93 S 5.74 S 5,737.50 14 7 500 LF TV Inspection 42"-48' Sewer All Depths S 5.25 $ 39 375.00 S 5.79 $ 43 414.88 $ 6.56 S 49 18.75 15 1,M0 LF TV Inspection 54"-72' Sewer All Depths $ 6.58 $ 6,560.00 $ 7.231S 7,233.06 820 S 8,200.00 16 20 EACH Barricades Skins and Traffic Handling $ 200.00 $ 4,000M S 220.52 $ 4A10.40 S 250.00 S 5,000.00 17 1 LS Obstruction Removal b Excavation Alt Sizes An Depths S 1 SD0.00 $ 1500.00 S 11.653.1 . S 1653.90 $ 1 875.00 S 1,875.00 18 1 LS Obstruction Removal Remote Method (Set-upfor each Manhole Section All Sizes, All Depths) $ 350.00 S 350.00 S 385.91 S 385.91 S 437.50 S 437.50 BASE BID QUANTITIES TOTAL S 408 060.001 S 449.926.9S I S 510 075.00 ALLOWANCE ITEM NO. QUANTITY UNIT DESCRIPTION UNIT PRICE I TOTAL I UNIT PRICE 1 TOTAL I UNIT PRICE I TOTAL 1 1 1 1 ALLOW Unforseen Work as directed by the Owner I S 50 000.00 1 $ 50 000.00 1 S 50,0D0.00 I S 50.D00.00 1 $ 62,500.00 1 S 62,500. ALLOWANCE TOTAL TOTAL BASE ITEMS + ALLOWANCE S 458,060.00 $ 499,926.95 1 $ 672,575.00 Page 1 of 1 CITY OF BEAUMONT SCHEDULE OF MBE PARTICIPATION NAME CERTIFIED MBE CONTRACTOR ADD SS TYPE OF WORK AGREED PRICE Clue So ic�s�•+c, w111 Sal Q0 O'ran KBE 11500 !+0- 05s y,,, R goo.$ &,/ 7-k 7oSS Grp`' TTl/ A-S�✓a � The undersigned will enter into a formal agreement with MBE Contractors for work listed in this schedule conditioned upon execution of a contract with the City of Beaumont. NOTE: 1. This schedule should be submitted with your bid. i SI ATU Pres t, J TITLE 53 Finance City of Beaumont, Texas Certifies that CHIEF SOLUTIONS, INC Meets all the criteria established by the City of Beaumont, .And thereby is duly registered as a Minority Business Enterprise, To do business with the City of Beaumont and its agents as such. This certification is valid until _ April 13, 2019 Todd A. Simoneaux, CPA, Chief Financial Officer April 13, 2017 Certification Date RESOLUTION NO. WHEREAS, the City of Beaumont solicited bids for the Sewer Evaluation Work Order Contract -Phase II Project; and, WHEREAS, Chief Solutions, Inc., of Houston, Texas, submitted a complete bid meeting specifications in the amount of $499,926.95; and, WHEREAS, the City Council is of the opinion that the bid submitted by Chief Solutions, Inc., of Houston, Texas, is the lowest responsible bidder providing the best value to the City and should be accepted; 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 Council hereby approves the award of a contract to Chief Solutions, Inc., of Houston, Texas, in the amount of $499,926.95, for the Sewer Evaluation Work Order Contract -Phase II Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a Contract with Chief Solutions, Inc., of Houston, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of January, 2019. - Mayor Becky Ames - 2 January 15, 2019 Consider a resolution approving the purchase and installation of bleacher covers at the Beaumont Athletic Complex BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: January 15, 2019 REQUESTED ACTION: Council consider a resolution approving the purchase and installation of bleacher covers at the Beaumont Athletic Complex. BACKGROUND On December 11, 2018, a work session was held to discuss the need for bleacher covers at Complex 2. The covers are a shade structure that will be installed to cover the softball field bleachers at fields D, E and F. Kraftsman Commercial Playgrounds and Water Parks of Spring, Texas will provide and install the bleacher covers for $124,069.28. Pricing was obtained from Buyboard, a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. Buyboard complies with the State of Texas procurement statutes. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase and installation of bleacher covers for use by the Parks & Recreation Division at the Beaumont Athletic Complex from Kraftsman Commercial Playgrounds and Water Parks, of Spring, Texas, in the amount of $124,069.28 through the Buyboard Cooperative Purchasing Program. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of January, 2019. - Mayor Becky Ames - WORK SESSION * Review and discuss authorizing the sale of Temporary Housing Units following Hurricane Harvey BEAUMONT TEXAS Work Session TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: January 15, 2019 REQUESTED ACTION: Council conduct a Work Session to review and discuss authorizing the sale of Temporary Housing Units (THUS) following Hurricane Harvey. BACKGROUND Following the flooding caused by Hurricane Harvey, The Texas General Land Office (GLO) and The Federal Emergency Management Agency (FEMA) worked to provide temporary housing in the form of Temporary Housing Units (THUS) or portable, manufactured home vehicles. City Council allowed the placement of these temporary units by authorizing a temporary suspension of the zoning rules that normally prohibit such units (currently extended until March, 2019). Under this temporary exemption, the City has permitted approximately 100 THUS within the city. In June, 2018, the GLO and FEMA asked for each jurisdiction's policies on extensions and/or the possibility of selling THUS to individual residents. At that time, a Council Work Session was conducted and as a result, the City's response was that there was support for an extension of the use of THUs but an objection to the sale of THUS, given problems in the past. In November, 2018, the GLO opened their local offices to begin processing applications for the Homeowner's Assistance Program (HAP), the primary program for the repair and replacement of flooded homes. Also in November, 2018, FEMA and the GLO announced that the "period of assistance" for use of the THUs would be extended until August 25, 2019. However, FEMA also indicated that following the end of the original eighteen (18) month "period of assistance" (February 25, 2019), FEMA will begin charging monthly rent for the units and/or offering to sell the units to individuals, assuming local jurisdictions approve of the sale. Given the recent series of events, the Administration believes that there should be further discussion as to whether or not to allow the sale of THUs. If the City were to allow the sale of the THUS, staff could pursue their removal through enforcement of the zoning ordinance at a certain time in the future.