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HomeMy WebLinkAboutRES 07-152 RESOLUTION NO. 07-152 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Lease Agreement with C. Sherman S. Parker, LLC (Landlord)for EMS Med No. 1 operations for a three (3) year term effective July 1, 2007 through June 30, 2010 for a monthly amount of $1,425. The property is located at 2510 North 11 th Street. The Agreement is substantially in the form attached hereto as Exhibit "A." PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of May, 2007. i r�Ep,UMp �,t, - tayor Becky Ames - I / RESOLUTION NO. 07-152 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Lease Agreement with C. Sherman S. Parker, LLC (Landlord)for EMS Med No. 1 operations for a three (3) year term effective July 1, 2007 through June 30, 2010 for a monthly amount of $1,425. The property is located at 2510 North 11th Street. The Agreement is substantially in the form attached hereto as Exhibit "A." PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of May, 2007. r�Ep,UMph,,1 - Kayor Becky Ames - 1W to 1 *Staab X 1 s STATE OF TEXAS § COUNTY OF JEFFERSON § USE AGREEMENT ti This Agreement is made and entered into this day of , 2007, by and between the City of Beaumont, a municipal corporation of the State of Texas, hereinafter called "City," and Southwestern Bell Telephone, L.P. d/b/a AT&T Texas, a Texas limited partnership, hereinafter called-"AT&T Texas." IN CONSIDERATION of the mutual covenants and agreements herein set forth and other good and valuable consideration,AT&T Texas agrees to allow the use of its premises at 220 Main Street, Beaumont, Texas, for use by the City as an Emergency Operations Center (EOC) in times of imminent peril. The parties agree as follows: 1. AT&T Texas will license to City access on a non-exclusive basis that portion of AT&T Texas's central office facilities located at 220 Main Street in Beaumont, Texas, ("Owner's Property")and described and depicted in Exhibit"A", including certain rights to use certain common areas and accessways as designated by Owner from time to time(the "Premises")for certain authorized personnel of the City of Beaumont for use as a twenty- four(24) hour Emergency Operations Center in the event of and in anticipation of a natural disaster, more particularly an anticipated hurricane strike to the region. City hereby agrees to accept the Premises in its and their "as-is" condition without the benefit of any representations or warranties of any kind whatsoever, including fitness for a particular purpose. Licensee shall not expand the physical footprint of the Premises to which it has 1 EXHIBIT "A" rights. Notwithstanding anything contained herein to the contrary, this License shall not confer or be deemed to confer any property interest or right in Owner's Property and City hereby acknowledges that the rights conferred hereunder shall constitute merely a non- exclusive license to use the Premises solely for the purposes set forth herein. 2. The City agrees that the Center will be staffed by no more than sixty(60)City employees on a twenty-four (24) hour basis. A list of authorized City employees will be submitted to Chuck Kalkbrenner, Area Manager, External Affairs, for AT&T Texas no later than twenty-four (24) hours prior to occupancy of the facility. AT&T Texas shall have the right in its sole discretion to deny access to the Premises to anyone on such list for any reason or no reason. This list will identify those persons who will be authorized to enter the premises, shelter in the building, and staff the Center. All City of Beaumont personnel will have proper credentials and must present such credentials in order to gain access into the facility at 220 Main Street in Beaumont, Texas. A City employee's name must appear on the list provided by the City to AT&T Texas, and he/she must present a city identification card, in order to access the facility. 3. AT&T Texas agrees that upon notification by the City of its intent to activate the Emergency Operations Center, AT&T Texas will allow a representative from the City to enter the premises for purposes of making the facility ready for EOC operations. Subject to the approval of AT&T Texas, the City's representative is authorized to make the facility ready for EOC operations. Those preparations include, but are not limited to, activation of pre-wired communication lines, make ready break rooms, kitchen, etc., designation of 2 areas where City employees will be allowed access for sleeping quarters, kitchen, break room, restrooms, and other authorized access areas. Any costs incurred in making the above preparations will be the responsibility of the City of Beaumont. 4. AT&T Texas recognizes and agrees that City will maintain and keep ready in the facility the City's basic furniture, i.e. tables, chairs, cabinets, telephone and general office supplies. The City agrees that AT&T Texas is not responsible for any damage to the City's furniture. 5. AT&T Texas acknowledges and agrees that City will maintain and staff an Emergency Operations Center and it will be continuously maintained for a reasonable period of time after the calamity or emergency has subsided. This period of time may range from one (1) day to three (3) weeks, depending on the nature and degree of the severity of the occurrence. The City will demobilize the Emergency Operations Center as soon as practicable so as to not disrupt continuity of government. 6. The City of Beaumont will notify AT&T Texas of its intent to activate a hurricane EOC as soon as the need becomes apparent, but in no event less than seventy- two (72) hours prior to predicted gale force winds reaching the Southeast Texas Regional Gulf Coast. 7. City and AT&T Texas agree that each will provide to the other current contact information, i.e. home telephone numbers, cell phone numbers, office telephone numbers, pager numbers, etc., for those persons critical to facilitating emergency access to the premises. 3 8. The City will assume responsibility for providing food, drinks and other supplies for its employees. 9. City will maintain the premises in a safe, clean and orderly manner and condition during the operation of the EOC. Upon deactivation, it will return the facility free of all trash and debris caused by its personnel during occupancy. In addition, City shall repair any damage to the Premises determined to be caused by City at its sole cost. AT&T Texas shall provide written notice to the City of the need to address any maintenance or damage that requires repair. The City shall within seven (7) days of receipt of the written notice acknowledge or dispute responsibility for the damage. If the City agrees that the identified damage is to be repaired by the City, it shall schedule the repairs within thirty(30) days of its acceptance ce of the responsibility. In the event the City disputes responsibility for the damage and does not accept responsibility therefor, AT&T Texas may take whatever action available to it by law to remedy the situation. 10. City represents and AT&T Texas acknowledges that City is limited in the manner in which it may assume responsibility for second party liability. To the extent allowed by law and the Texas Constitution, the City will hold harmless AT&T Texas from any claims, damages, costs and expenses arising from the conduct or action of its employees in or upon the premises resulting from or by reason of the operation of the Emergency Operations Center. City hereby covenants to exercise all due care so as not to interfere with any operations of AT&T Texas or AT&T Texas's licensees, tenants or occupants. 4 11. City hereby agrees that AT&T Texas is voluntarily providing the City with this access, and that AT&T is doing so without compensation. The Premises are intended to be used by the City as an emergency operations center in the event of a natural or man- made disaster. As such, the City agrees that the provisions of section 2-42 of Ordinance 87-25 of the City of Beaumont's Code of Ordinances applies, and that neither AT&T Texas, nor its successors in interest, nor any corporate parent companies, affiliated or subsidiary companies, agents, or employees will be civilly liable for the death of or injury to any person, or the property damaged suffered by any person, while on or about the premises under the terms of this Use Agreement. The foregoing language applies regardless of whether such damage or injury is caused by, or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning, power, or lighting fixtures, or from any other cause whether said damage or injury results from conditions arising upon the Premises, or from new construction or the repair, alteration or improvement of any part of the Premises fixtures or a pp urtenances a pp licable thereto and regardless o f whether the cause of such damage or injury or the means of repairing the same is inaccessible, or whether it arises from any act or neglect of any other tenant, City, or occupant of the Owner's Property, from the failure of AT&T Texas to enforce the provisions of any other license, lease, or other contract of any other occupant of Owner's Property, or from the termination of the License and removal of the City's equipment, or any other right or remedy exercised by AT&T Texas pursuant to the terms of this License. 5 Additionally, AT&T Texas seeks to invoke and the City acknowledges the liability protection afforded it by Civil Practice and Remedies Code Section 79.003, DISASTER ASSISTANCE, in that AT&T Texas is a corporation providing assistance at the request of the City of Beaumont at a time of a natural disaster that endangers or threatens to endanger individuals, property, or the environment. 12. Insurance. City shall obtain and maintain, at its sole cost, throughout the use of the Premises, the following insurance: (1) Commercial General Liability with limits of $5,000,000.00 per occurrence, (2) Automobile Liability with a combined single limit of $1,000,000.00 per accident, (3)Workers Compensation as required by law, (4) Employer's Liability with limits of $1,000,000.00 per occurrence, and (5) standard form property insurance ("All Risk"coverage) equal to 100% replacement cost covering City's property. City shall name AT&T Texas as an additional insured with respect to the above Commercial General Liability insurance. City waives any rights of recovery against AT&T Texas for injury or loss due to hazards covered by its insurance and City shall require such insurance policies to contain a waiver of recovery against AT&T Texas, its parent, affiliates and its and their directors, officers, and employees. All insurance policies carried by City shall be with companies that have a general policy holder's rating of not less than"A"and a financial rating of not less than Class "X" in the most current edition of Best's Insurance Reports. City shall furnish AT&T Texas within twenty (20) days of the date of this License written evidence of insurance as required above to AT&T Texas's reasonable satisfaction, including a statement providing for written notification to AT&T Texas by the insurer not 6 less than thirty (30) days prior to cancellation or reduction of any required coverage. The above referenced insurance requirements are met if the City can demonstrate that it is a self-insured entity. 13. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement, and the parties hereby agree that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement or any amendments hereto. 14. THIS AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE TRANSACTIONS CONTEMPLATED HEREIN AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. 15. THIS AGREEMENT MAY BE MODIFIED OR AMENDED ONLY UPON WRITTEN CONSENT BY BOTH PARTIES. IN WITNESS WHEREOF,the parties have executed this Agreement on the date set forth above. 7 Southwestern Bell Telephone, L.P., d/b/a AT&T TEXAS By: CLIFFORD E. AGEE President, Network Services THE CITY OF BEAUMONT, TEXAS By: Kyle Hayes City Manager 8 V aCity Council Agenda Item � I TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Frank C. Coffin, Jr., Chief of Police MEETING DATE: May 29, 2007 AGENDA MEMO DATE: May 16, 2007 REQUESTED ACTION: Council authorize the City Manager to sign a memorandum of agreement with Southwestern Bell Telephone,L.P.(AT&T Texas)for the use of 220 Main Street building for the City of Beaumont as an alternate Emergency Operations Center (EOC). RECOMMENDATION Administration recommends Council approval. BACKGROUND Current operating procedures are for emergency operations to be conducted from the Police Department headquarters; however, in high category storms or due to other potential catastrophes, an alternate facility is necessary to maintain smooth continuity of government. The AT&T facility at 220 Main street is built to high level engineering standards and has backup power in place. This will increase the safety of the first responders and command and control elements for the city. BUDGETARYIMPACT None MAIN ST (`y l x Ms Y r� G� s B a• 5 x 6 r _ w . A n f a �tl RsInM R jje�(s,t. No �nor:.:: Yq �na 4? +�Micd a -- Air Naar oa - E.dk L .s..� - �► E r Tdghnr Nq Li PEARL ST EXHIBIT `A'