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HomeMy WebLinkAbout04/13/2021 PACKETBEAUM©NT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, APRIL 13, 2021 1:30 PM CONSENT AGENDA Approval of minutes — April 6, 2021 Confirmation of board and commission member appointments A) Authorize the settlement of the lawsuit styled Beverly Colomb v. The City of Beaumont; Cause No. B-203,757 BEAUM©NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: April 13, 2021 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the lawsuit styled Beverly Colomb v. The City of Beaumont; Cause No. 13-203,757. BACKGROUND The lawsuit styled Beverly Colomb v. The City of Beaumont; Cause No. B-203,757 was presented and discussed in Executive Session held on March 30, 2021. The City Attorney is requesting authority to settle this suit in the amount of $20,000.00. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the lawsuit styled Beverly Colomb v. The City of Beaumont; Cause No. B-203,757, was discussed in Executive Session properly called and held Tuesday, March 30, 2021; and, WHEREAS, the City Attorney is requesting authority to settle the lawsuit; and, WHEREAS, the City Council has considered the merits of the request and is of the opinion that it is in the best interest of the City to settle the suit; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Attorney be, and he is hereby, authorized to settle the matter of Beverly Colomb in the lawsuit styled Beverly Colomb v. The City of Beaumont; Cause No. B-203,757, for the sum of Twenty Thousand and XX1100 Dollars ($20,000.00); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the lawsuit. 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 13th day of April, 2021. - Mayor Becky Ames - BEAUM©NT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, APRIL 13, 2021 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognitions + Public Comment: Persons may speak on scheduled agenda items 1-4/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider an ordinance granting a new solid waste franchise agreement to G&H Solutions, LLC 2. Consider a resolution authorizing the City Manager to award a contract to Brystar Contracting, Inc. for the Lift Station & W WTP Repair Tropical Storm Harvey W WTP Influent Lift Station (REBID) Project Consider a resolution approving the purchase of additional nodes for the virtual server system from CDW Government, LLC of Vernon Hills, IL 4. Consider a resolution authorizing additional compensation to the Beaumont Independent School District (BISD) related to the School Crossing Guard Program COMMENTS * Public Comment (Persons are limited to 3 minutes) • Councilmembers/City Manager/City Attorney comment on various matters EXECUTIVE SESSION • Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Proposed satisfaction and release of a City lien on property located at 3565 College Street Docket No. 2021-0039-MWD-E, City of Beaumont, TPDES Permit No. W00010501020 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 April 13, 2021 Consider an ordinance granting a new solid waste franchise agreement to G&H Solutions, LLC BEAUM©NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager ^� PREPARED BY: Todd Simoneaux, Chief Financial Officer / MEETING DATE: April 13, 2021 REQUESTED ACTION: Council consider an ordinance granting a new solid waste franchise agreement with G&H Solutions, LLC. BACKGROUND According to City Ordinance 22.05.101, no person shall engage in the business of collecting, hauling or transporting, in the city, any garbage, waste or refuse, without first having obtained a franchise from the City. Eleven entities currently have nonexclusive franchise agreements with the City, G&H Solutions, LLC has requested that the City Council grant the company such franchise agreement. G&H Solutions is a new locally owned business renting roll off boxes and offering waste hauling services with its Nederland office located at 2560 N. 31" Street. The franchise agreement would provide for a term of one year from its effective date and a franchise fee of seven percent (7%) of gross revenues received for service. It also requires the entity to indemnify the City of Beaumont and provide insurance which names the City of Beaumont as a named insured. According to City Charter, franchise ordinances require readings at three separate Council meetings, with the third not less than thirty (30) days from the first reading. The ordinance does not take effect until sixty (60) days after its adoption on the third and final reading. After passage, the ordinance must be published for four consecutive weeks in a newspaper of general circulation in the City. All publication costs are paid by the applicant. Attached is a copy of the proposed agreement. This is the first reading. FUNDING SOURCE A franchise fee of seven percent (7%) of gross receipts will be paid to the City. RECOMMENDATION Approval of the ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO G&H SOLUTIONS, LLC. WHEREAS, G&H Solutions, LLC (the "Company') has requested a franchise to operate a solid waste collection and transportation service within the City of Beaumont, Texas (the "City"); and, WHEREAS, the City desires to grant such franchise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. Grant of Authority There is hereby granted by the City to G&H Solutions, LLC the right and privilege to operate and maintain within the City a solid waste collection and transportation service (the "service"). For purposes of this franchise, the term "solid waste collection and transportation service" shall mean the business of collection, hauling or transporting any garbage, rubbish, waste or refuse from locations in the City, and the disposal of such material in accordance with law. The franchise granted herein is nonexclusive, and franchises may be granted to other persons for service. Section 2. Term of Franchise The franchise herein granted shall take effect and be in force sixty (60) days after the final passage hereof as required by law and upon the filing by the Company of an acceptance with the City Clerk, and shall continue in force and effect until one (1) year thereafter. The acceptance required hereunder must be in writing and filed with the City Clerk within thirty (30) days after final passage hereof. Upon the expiration of the term hereof, this franchise shall continue on a month -to -month basis until terminated by either party or extended or replaced. Section 3. Rates The Company shall establish rates for service which are uniform as to customer class based upon such criteria as type of waste, container size, frequency of collection, and distance of travel. The Company shall file its initial rates for service with its acceptance as required herein. Such rates shall, unless modified by the City, be effective with the effective date of this franchise. Any modifications in rates by the Company shall first be filed with the City Clerk and City Attorney and shall be effective thirty (30) days after such filing unless modified by City as provided herein. Nothing herein shall prevent the Company from charging uniform rates which are less than the rates filed with the City. The City shall have the right to establish rates charged by Company for services performed hereunder, after notice and hearing. Rates established by the City shall be sufficient to allow the Company an opportunity to earn a reasonable return on its invested capital used in providing such services. Section 4. Franchise Fee The Company shall pay to the City, on or before the fifteenth (15th) day of each month, a sum equal to SEVEN PERCENT (7%) of the gross revenues received for service in the previous month as payment for the use of the City's streets, alleys and rights-of- way. The payments herein provided do not relieve Company from the payment of ad valorem taxes, special assessments, charges, or other fees applicable to the public generally. City shall have the right, at any reasonable time, to audit the books and records of the Company and the Company is hereby required to make such books and records available at the request of City. Upon written acceptance, the Company shall furnish to the City a listing of customers served, including customer name, address, frequency of pick-up, size of container or type of service and charge for same. The following reports shall be filed monthly with the City Manager or his designee along with the street rental payment required herein: 1. Upon written request and within thirty (30) days of receipt, the Company shall furnish to the City adequate reconciliation of reported revenues which would include: a listing of names and addresses of all customers served, frequency of pick-up, size of container or type of service and charge for same, and date service was initiated and discontinued. Section 5. Indemnity. Insurance and Bond The Company shall at all times during the effective period of this franchise, carry liability insurance as provided herein. The Company covenants and agrees at all times to indemnify and save harmless the City, its officers, agents, employees, and any member of the public against any and all injuries, damages, claims, causes of action or loss of compensation arising or resulting from Company's operations under this franchise, whether or not such loss was caused by the negligence of the City, its agents, servants or employees. Upon notice given Company by City, Company must defend at its own expense, any action or suit brought against the City because of any work or other acts done by the Company under the terms of this franchise. Counsel chosen by Company to defend City must be satisfactory to City. Company will pay any final judgment which might be obtained against City by reason of any work or acts done hereunder by Company, its agents, servants or employees, and Company will pay all damages occurring to any person or property, public or private, resulting from any fault or neglect on its part or on the part of its agents or employees. The Company agrees to carry insurance as follows 1) Workers' Compensation The Company shall furnish the City Clerk a certificate of insurance indicating workers' compensation coverage as required by the State of Texas. 2) Automobile Liability Insurance The Company shall carry, in its own name, a policy in comprehensive form to insure the automobile liability of its operation with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury and, in addition, not less than One Hundred Thousand Dollars ($100,000.00) property damage. This policy shall name City as an additional insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise, and it shall be maintained in force during the term of the franchise. 3) General Liability The Company shall carry, in its own name, a comprehensive liability insurance policy including contractual coverage for operations other than automobile with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury, and One Hundred Thousand Dollars ($100,00.00) per occurrence for property damage. The policy shall name the City as named insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise and maintained in force during the term of the franchise. Section 6. Compliance with Laws and Ordinances The Company shall, at all times during the term of this franchise, be subject to all lawful exercise of police power by the City and to such reasonable regulations as the City shall hereafter by ordinance provide. In addition, the Company will observe all city, county, state, and federal laws regulating the collection and disposal of solid waste. Section 7. Service Standard and Equipment The Company shall maintain and operate its collection system and equipment in good order to render efficient service subject to the terms of this franchise. All vehicles, containers, and equipment used for the collection and transportation of solid waste shall be constructed, operated and maintained to prevent loss of liquid or solid waste material and to minimize health and safety hazards to solid waste management personnel and the public. Such vehicles, containers, and equipment used shall be maintained in a clean, sanitary condition and free from odors at all times. All vehicles and equipment shall comply with federal, state, and local regulations. Collection vehicles and all bulk, commercial, and roll -off type containers shall be painted and numbered and shall have the Company's name and telephone number painted in letters of a contrasting color. Such containers may not be placed on any street or right-of-way within the City. All collections shall be made directly from the premises of the customer and any emptied containers returned directly to such premises. Section 8. Providing Services The Company shall provide service to any person, firm, corporation, association or entity inside the City of Beaumont who requests such service and is not delinquent in the payment of collection charges due the Company. Section 9. Office The Company shall establish and maintain an office with telephone service and shall keep said office open for business from 9:00 A.M. to 5:00 P.M. each and every day except Saturday, Sunday and holidays. Section 10. Interruption of Service In the event that service shall be interrupted for any reason for more than forty- eight (48) hours, the City shall have the right to make temporary independent arrangements for the purposes of continuing this necessary service to its residents in order to provide or protect the public health and safety. If the interruption in service mentioned herein continues for a period of seventy-two (72) hours, then the City shall have the right to terminate the rights and privileges granted in this franchise. Section 11. Termination In the event that any provision of this franchise is violated by the Company, the City may serve written notice upon the Company of its intention to terminate this franchise. The notice shall contain the reasons for such intention to terminate the franchise. Unless within ten (10) days after mailing such notice by City to the Company, such violation shall cease, or satisfactorily arrangements for correction be made by Company, the City Council may, after a public hearing in which Company is provided an opportunity to present evidence concerning such violation, declare the franchise terminated and serve written notice upon the Company of the termination and the termination of the franchise shall be effective upon the mailing of such notice. Section 12. Transfer of Franchise Rights Franchise rights granted hereunder shall not be transferred to another without the approval of City. A single transfer or a series of transfers of Company's stock which constitute a transfer of a majority interest in Company is subject to the prior approval of City Section 13. Notices Where written notices are provided for in this ordinance, same shall be sufficient to notify Company when provided by certified mail to: G&H Solutions, LLC 2560 N. 318' Street Nederland, TX 77627 Notice to City is sufficient if mailed by certified mail to: City Manager City of Beaumont P.O. Box 3827 Beaumont, TX 77704 Section 14. If any section, sentence, clause, paragraph or phrase of this ordinance, other than Section 4, is for any reason held to be invalid or illegal, such invalidity shall not effect the remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any reason, the ordinance shall be immediately invalid. Section 15. It is agreed by City and Company that venue of any legal proceedings under this franchise agreement shall be in Jefferson County, Texas. Section 16. Vehicle Permits Twenty (20) days prior to the effective date of this franchise, the Company shall furnish to the City a list of all vehicles to be providing solid waste collection and disposal service under this franchise. Such list shall include state license number, year, make, model and manufacturer's rated capacity for each vehicle. Vehicles not having a valid City of Beaumont landfill permit will not be allowed to operate under this agreement nor utilize the City refuse disposal facility. If at any time a vehicle or equipment is found to be in noncompliance with Section 7 of this franchise, the Company will be notified of its violation and said equipment or vehicle shall be removed from service upon receipt of written notification. Failure to comply with this provision or to falsify the information concerning the location of the service of the vehicle shall be a material breach of this franchise. Should City decide not to terminate this franchise because of any violation of this Section, Company's disposal fee at City's landfill shall be doubled for all of Company's vehicles for a period of sixty (60) days. The meeting at which this ordinance 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 on first reading this the 13th day of April, 2021. PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this the day of 12021. PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this the day of 2021. - Mayor Becky Ames - ACCEPTANCE: G&H Solutions, By: (Company Owner/Representative) NJ April 13, 2021 Consider a resolution authorizing the City Manager to award a contract to Brystar Contracting, Inc. for the Lift Station & W WTP Repair Tropical Storm Harvey W WTP Influent Lift Station (REBID) Project BEAUM©NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: April 13, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a contract to Brystar Contracting, Inc., of Beaumont. BACKGROUND The Lift Station & W WTP Repair Tropical Storm Harvey W WTP Influent Lift Station (REBID) Project shall provide flood mitigation for the Influent Lift Station at the City of Beaumont's Wastewater Treatment Plant and provide for drainage work along Lafin Road. On March 25, 2021, two (2) bids were received for furnishing all labor, materials, equipment, and supplies for the project. The bid totals are indicated in the table below: Contractor Location Total Award Amount Brystar Contracting, Inc. Beaumont, TX $169,430.00 BDS Constructors, LLC dba MK Constructors Vidor, TX $267,347.00 Based on a review of the bids and required documents received, the Water Utilities staff agrees with Schaumburg & Polk, Inc., and recommends awarding the project to the lowest bidder, Brystar Contracting, Inc., in the amount of $169,430.00. A total of 120 calendar days are allocated for the completion of this project. FUNDING SOURCE Harvey Fund in the amount of $16,943.00 and Federal Emergency Management Agency (FEMA) in the amount of $152,487.00. RECOMMENDATION Approval of the resolution. March 29, 2021 Amalia "Molly" Villarreal, P.E. City of Beaumont City Engineer 801 Main Street Beaumont, Texas 77701 Re: City of Beaumont Lift Station & W WTP Repair Tropical Storm Harvey WWTP Influent Lift Station Rebid Bid No. WU0221-15 / FEMA Project No. 13335 Recommendation of Award Dear Ms. Villarreal, Based on a review of the bids received Thursday, March 25, 2021, and verification of the references, it is our recommendation that the above referenced project be awarded to Brystar Contracting, Inc. for the Base Bid Items 1 thru 13 in the amount of $169,430.00. See attached Bid Tabulation. Sincerely, SCHAUMBURG & POLK, INC. At 2roata Project Manager S M � M 0 W G w w w 84Ow zta�a go ya � 02 m:Sa7w F LL W Z O mC W� m o LL LL N E5i 08 IL Z C C O 2 F p FH m LL 8 8 8 8 8 8 N j8j �qpi! qp8 ¢8 Y $8 a! ry8ry n d L X tO N M ryP N (Nl M N W N� M 1V N N N G O O"m 8 N 8 y A 0 8 8 a 8 8 8 8 8 on "�j o {7y�� {p�yi m s � 8 88 g 8 8 88 88 8$ 88 Qg Ep 0 u g gE $g 585�� 25 585�� 25 58Q� 8 5Q8� E � ¢8 25 p8 25 8 8 OS c '? 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WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, equipment, and supplies for the Lift Station & WWTP Repair Tropical Storm Harvey WWTP Influent Lift Station (REBID) Project; and, WHEREAS, Brystar Contracting, Inc., of Beaumont, Texas, submitted a bid in the amount of $169,430.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by Brystar Contracting, Inc., of Beaumont, Texas, is the lowest responsible bidder providing services at 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 Brystar Contracting, Inc., of Beaumont, Texas, in the amount of $169,430.00, for the Lift Station & WWTP Repair Tropical Storm Harvey WWTP Influent Lift Station (REBID) Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Brystar Contracting, Inc., of Beaumont, 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 13th day of April, 2021. - Mayor Becky Ames - 3 April 13, 2021 Consider a resolution approving the purchase of additional nodes for the virtual server system from CDW Government, LLC of Vernon Hills, IL BEAUM©NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: April 13, 2021 REQUESTED ACTION: Council consider a resolution approving the purchase of additional nodes for the virtual server system from CDW Govemment, LLC of Vernon Hills, IL. BACKGROUND Pricing was obtained through the State of Texas Department of information (DIR). DIR provides cities and political subdivisions with the means to purchase information technology at volume prices contracted under the procurement statutes of the State of Texas. The City uses a server system that allows for many servers to be created virtually instead of having to buy, house, and maintain a physical piece of hardware for each server. The current system was purchased in November 2019 and has reached its maximum capacity of servers that there is space available for. the additional nodes were budgeted in the amount of $103,000. FUNDING SOURCE General Fund — Information Technology. 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 additional virtual server system nodes, for use by all City departments, from CDW Government, LLC, of Vernon Hills, Illinois, in the amount of $103,000.00 through the State of Texas Department of Information (DIR) contract. 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 13th day of April, 2021. Mayor Becky Ames - E, April 13, 2021 Consider a resolution authorizing additional compensation to the Beaumont Independent School District (BISD) related to the School Crossing Guard Program TEXAS TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: April 13, 2021 REQUESTED ACTION: Council consider a resolution authorizing additional compensation to the Beaumont Independent School District (BISD) related to the School Crossing Guard Program. BACKGROUND The City Council authorized an interlocal agreement (ILA) with BISD on September 15, 2020 that obligated the City to compensate the School District for specific amounts related to the crossing guard program through 2023. The executed ILA is attached for your review. This item was placed on the agenda for consideration by Councilmember Mouton and Councilmember Samuel, to specifically discuss the City's funding amounts in future years. RESOLUTION NO. 20-187 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Interlocal Agreement with the Beaumont Independent School District (BISD) relating to the School C Crossing Guard Program. The Interocal Agreement is substantially in the form attached hereto as Exhibit "A" 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 September, 2020. INTERLOCAL AGREEMENT BHIwEEN: CITY OF BEAUMONT, TEXAS & BEAUMONT INDEPENDENT SCHOOL DISTRICT This Interlocal Agreement ("the Agreement') is entered into by and between the City of Beaumont, (-City-), and the Beaumont Independent School District, ("District") (collectively referred to herein as the "Parties"), entities that are authorized to enter into interlocal agreements in accordance with Section 791.001, et. seq., of the Texas Government Code. WHEREAS, the District, currently operates a School Crossing Guard program (the "Program"), WHEREAS, the purpose of the program is to ensure students' safety as they come and go to the District's campuses using city road ways, WHEREAS, the Board of Trustees determines that student safety and student transportation are important educational and public purposes, and the program benefits these educational and public purposes, NOW THEREFORE the parties agree as follows: Article I: Purpose of the Agreement The purpose of this Agreement is to provide the terms and conditions of the Program. Article II: Terms of the Agreement This Agreement will be in effect for a three-year term coinciding with the District's fiscal year beginning July 1, 2020 and expiring September 30, 2023. Unless otherwise stated herein, any notice under this Agreement shall be in writing and directed to the following individuals: To City: City of Beaumont Kyle Hayes, City Manager P.O. Box 3827 Beaumont, Texas 77704 Telephone: 409-880-3725 Email: kyle.hayes®beaumonttexas.gov To District: Beaumont Independent School District Dr. Shannon Allen, Superintendent 3395 Harrison Avenue Beaumont, Texas 77706 Telephone: (409) 617-5000 Email: spier@bmtisd.com Interlocal Agreement Regarding School Crossing Guards: City of Beaumont & Beaumont ISO Page 1 of 3 Email: kyle hayes®beaumonttv=.gov To District Beaumont Independent School District Dr. Shrum Allen, Superintendent 3395 Harrison Avenue Beaumont Texas 77706 Telephone: (409) 617-SON Email: spier®bmtisd.com Article DI: Obligation of District District agrees to provide overall management and administration of the program and its employees, including documentation m support invoices submitted to the City. District will provide training for all Crossing Guards in traffic directions as defired by the basic peace officer Bourse curriculum established by the Commission on Law Enforcement Standards and Education Article IV: Obligation of City The City agrees to compensate the District pursuant to the below payment structure for all expenses related to the crossing guard program. 2020-2021: $90,O00 2021-2022• $45,000 7A22-2o23: $2Z500 The City will reimburse the District via a biannual invoice. The first invoice will be submitted by January 15 and due no later than February 15. The second invoice will be submitted by June 15 and due no later than July 15. Article V: Indemnity To the extent permitted by Texas law, the parties agree to hold harmless one another and to not be liable to the other party for any and all claims, causes of action, Suits, damages, including but not limited to, lest profits, special, incidental, consequential or punitive damages, whether in tot for breach of contract breach of warranties, express or implied, or otherwise. Neither party warrants 0nat any duties and obligations performed hereunder will be without defect or Interruption. The parties agree to work cooperatively and to use best efforts to execute the Pmgrsan. reed«al Agreuan Regar"khool cmwftGrdW City afe80amont&eeaaawatl6D Page 2of e Article VI: Venue & Applicable taw The parties agree that the venue in my legal action brought pureuant to this agreement dull He in Jefferson County, Texas. The validity of this agreement and its terms and provisions, as well as the rights and duties of the parties, shaE be governed by the law of the State of Texas. Article VD: Merger & Severabflity This Agreement constitutes the entire agreement between the parties with respect to the subject matter of school creasing guards, and supersedes any prior understanding or agreements, whether written or oral between the parties with respect to the subject matte of this Agreement No amendment modiBcatIM or alteration of the terms of this Agreement will be binding on either party unless the same is bn wrid% dated subsequent to the dace of this document and is duly executed by an authorized person acting for the party against whom enforcement is sought Should any clause become unenforceable due to illegality, It shall be stricken and the remainder of the agreement enforceable. Article Vnh Intended Parties and Authority Thee shall be no third party benefidaries with any rights whatsoever as to either party under this Agreement Both parties acknowledge they have the legal authority to enter into this Agreement and commit to the terms herein, and the parties hereby agree to be bound by web terms. This Agreement is effective on the data of the last signature obtained below. AGREED: City of Beaumont B. L Kyle Ilayee, City Manager Dam: %0 - 2 g Z D AGREED. BesumontlSD Shannon Allan, Superintendent Dam: io�T Intarlocd Agheemuu RegardmgSchool CranngCuMU City of Beftueont & Bemmont ISD Pageaof3 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT- THAT the City Manager be and he is hereby authorized to execute an Interlocal Agreement with the Beaumont Independent School District (BISD) relating to the School Crossing Guard 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 13th day of April, 2021. - Mayor Becky Ames -