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HomeMy WebLinkAbout08/17/2021 PACKET BEAUM© NT TEXAS MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY,AUGUST 17, 2021 6:00 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call + Presentations and Recognitions-Receive an update from the Public Health Director related to COVID-I9 + Public Comment: Persons may speak on Items 1-8 and 10 CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non-controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) 1. Approval of the August 10, 2021 City Council Meeting Minutes 2. Authorize the Chief Financial Officer to execute all documents necessary to accept funding from the Texas Department of State Health Services awarded to the Beaumont Public Health Department 3. Approve a maintenance agreement for use in Fire and EMS operations 4. Authorize the City Manager to enter into an Agreement with the Southeast Texas Flood Control District to receive 33 flood sensors and to have the data hosted by Jefferson County Drainage District No. 6 5. Authorize the City Manager to sign a Memorandum of Understanding with ExxonMobil Oil Corporation related to the installation of one flood sensor along the Neches River on ExxonMobil property 6. Authorize the City Manager to execute Change Order No. 3,to the contract with King Solutions Services, LLC for the Pipe Bursting Work Order Contract-Phase III Project 7. Authorize the settlement of the claim of Enterprise Rent-A-Car REGULAR AGENDA 8. Consider approving the purchase of a high water vehicle for use in the Fire Department PUBLIC HEARING Receive comments on a determination of the Public Health Director that public health nuisances exist on the property owned by Ian Culbertson at 8465 Frazier Drive 9. Consider a resolution finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property owned by Ian Culbertson at 8465 Frazier Drive DISCUSSION ITEM 10. Review and discuss various building codes adopted by the City Council and the permitting and inspection process COMMENTS Public Comment(Persons are limited to 3 minutes) Councilmembers/City Manager/City Attorney comment on various matters 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 August 17, 2021 Approval of the August 10. 2021 City Council Meeting Minutes BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tina Broussard, TRMC, City Clerk MEETING DATE: August 17, 2021 REQUESTED ACTION: Council consider approval of the August 10, 2021 City Council Meeting Minutes. BEAUM © NT T E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert"A.J." Turner Jr.,At-Large ROBIN MOUTON, MAYOR Randy Feldschau,At-Large Taylor Neild,Ward I CITY COUNCIL MEETING Michael Getz,Ward II Audwin Samuel, Mayor Pro Tem AUGUST 10, 2021 Chris Durio,Ward IV Tyrone Cooper, City Attorney Kyle Hayes, City Manager Tina Broussard, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 on August 10, 2021, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING Invocation Pledge of Allegiance Roll Call * Presentation and Recognition Public Comment: Persons may speak on items 1-9 * Consent Agenda Mayor Mouton called the council meeting to order at 1:30 p.m. Pastor David Hudson with Scott Olive Baptist Church gave the invocation. Mayor Mouton led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Mouton, Councilmembers Durio, Getz, Turner, Feldschau and Neild. Absent: Councilmember Samuel. Also, present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions Presentation — Dena Hughes, CEO TAN Healthcare "National Farmers Market Week" — August 9-13, 2021; Proclamation read by Councilmember Turner; accepting—Jerry McMillan, Vice President of the Board of Directors for the Beaumont Farmers Market Mayor Mouton read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Public Comment: Persons may speak on items 1-9 Alto Watson 2615 Gladys Beaumont TX Spoke regarding Item #8 on the agenda; Consider establishing and taking a record vote on the proposed 2021 tax rate and schedule a public hearing Minutes—August 10 2021 CONSENTAGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non-controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) 1. Approval of the July 27, 2021, City Council Meeting Minutes 2. Approve a contract for the purchase of liquid chlorine for use in the Water Utilities Department - Resolution 21-182 3. Authorize the City Manager or his designee to execute a Memorandum of Understanding between the Beaumont Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives - Resolution 21-183 5. Approve a contract for the emergency repair of a storm sewer line at the Port of Beaumont- Resolution 21-185 Councilmember Feldschau moved to approve the Consent Agenda excluding Item #4. Councilmember Neild seconded the motion. AYES: MAYOR MOUTON,COUNCILMEMBERS DURIO,GETZ,TURNER,FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED 4. Authorize the City Manager to execute Change Order No. 1, accept maintenance, and authorize a final payment to Placo, Ltd. for the Astor Street Lift Station Repairs Project - Resolution 21-184 Councilmember Neild moved to approve item #4 on the Consent Agenda. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, COUNCILMEMBERS DURIO, GETZ, TURNER, AND NEILD NAYS: NONE ABSTAIN: COUNCILMEMBER FELDSCHAU MOTION PASSED GENERAL BUSINESS 6. Consider a resolution receiving the proposed FY 2022 Budget and schedule a public hearing. Article VI, Section 2 of the City Charter requires that the proposed budget be submitted to the Council at least 45 days prior to the beginning of the newfiscal year. In addition, Section 4 requires Council to schedule a public hearing on the proposed budget. Minutes—August 10,2D21 The Administration recommends that a public hearing be held on August 24, 2021, at 1:30 p.m. in Council Chambers, located at 801 Main Street. The City Clerk will publish the notice of the public hearing. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE PROPOSED FY 2022 BUDGET HAS BEEN RECEIVED AND A PUBLIC HEARING IS HEREBY SCHEDULED FOR AUGUST 24,2021, AT 1:30 P.M., IN THE CITY COUNCIL CHAMBERS, CITY HALL, 801 MAIN STREET, BEAUMONT,TEXAS; AND THAT THE CITY CLERK IS TO PUBLISH NOTICE OF SAID HEARING PURSUANT TO THE CHARTER OF THE CITY OF BEAUMONT. Councilmember Durio seconded the motion. AYES: MAYOR MOUTON,COUNCILMEMBERS DURIO,GETZ,TURNER,FELDSCHAUAND NEILD NAYS: NONE MOTION PASSED Resolution 21-186 7. Consider a resolution receiving the proposed 2022 Capital Program and schedule a public hearing. The proposed 2022 Capital Program was originally submitted to Council on May 14, 2021. Article VI, Section 20 of the City Charter requires Council to schedule a public hearing on the proposed Capital Program. The Administration recommends that a public hearing be held on August 24, 2021, at 1:30 p.m. in Council Chambers, located at 801 Main Street. The City Clerk will publish the notice of the public hearing. Councilmember Turner moved tO APPROVE A RESOLUTION THAT THE PROPOSED FY 2022 CAPITAL PROGRAM HAS BEEN RECEIVED AND A PUBLIC HEARING IS HEREBY SCHEDULED FOR AUGUST 24, 2021, AT 1:30 P.M., IN THE CITY COUNCIL CHAMBERS, CITY HALL, 801 MAIN STREET, BEAUMONT, TEXAS,AND THAT THE CITY CLERK IS TO PUBLISH NOTICE OF SAID PUBLIC HEARING PURSUANT TO THE CHARTER OF THE CITY OF BEAUMONT. Councilmember Durio Seconded the motion. AYES: MAYOR MOUTON,COUNCILMEMBERS DURIO,GETZ,TURNER,FELDSCHAUAND NEILD NAYS: NONE MOTION PASSED Resolution 21-187 8. Consider establishing and taking a record vote on the proposed 2021 tax rate and schedule a public hearing. Minutes—August 10,2021 Chapter 26 of the Property Tax Code requires taxing units to comply with truth-in-taxation laws in adopting their tax rate and requires the governing bodyto hold a public hearing when the proposed tax rate exceeds the lower of the no-new revenue or voter-approval tax rate. Administration recommends Council establish a tax rate required to support the City Manager's proposed budget equal to the tax rate of $0.705000/$100 of valuation. In accordance with Chapter 26 of the Property Tax Code, if the proposed rate exceeds the no- new revenue rate of$0.647582/$100 or the voter-approval tax rate of$0.706322/$100, the City Council must take a record vote to place the proposal to adopt the rate on the agenda of a future meeting. The no-new revenue tax rate is the rate that would produce the same amount of taxes in FY 2022 as was produced in FY 2021 if it was applied to the same properties taxed in both years. The proposed tax rate of$0.705000/$100 exceeds the no- new revenue tax rate of $0.647582/$100 by $0.057418/$100 or 8.87%. If the motion passes, a public hearing must be scheduled. It is recommended that the public hearing be held on September 14, 2021, at 1:30 p.m. in the Council Chambers. The Administration recommends that a public hearing be held on September 14, 2021, at 1:30 p.m. in Council Chambers, located at 801 Main Street. The City Clerk will publish the notice of the public hearing. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE 2021 TAX RATE IS PROPOSED TO BE$0.705000/$1 OO OF VALUATION;AND THAT THE DATE OF SEPTEMBER 14, 2021 BE AND THE SAME IS HEREBY SET AS THE DATE AT WHICH THE CITY COUNCIL WILL CONDUCT A PUBLIC HEARING ON THE PROPOSED TAX RATE,THE MEETING WILL BE HELD IN THE CITY COUNCIL CHAMBERS, CITY HALL, 801 MAIN STREET, BEAUMONT,TEXAS AT 1:30 P.M.,AT WHICH TIME THE COUNCIL WILL RECEIVE PUBLIC COMMENTS ON THE PROPOSED TAX RATE OF$0.705000/$100 OF VALUATION AND THAT THE CITY CLERK IS TO PUBLISH NOTICE OF SAID PUBLIC HEARING PURSUANT TO V.T.C.A.,TAX CODE §26.06. Councilmember Neild seconded the motion. AYES: MAYORMOUTON,COUNCILMEMBERS DURIO,GETZ,TURNER,FELDSCHAUAND NEILD NAYS: NONE MOTION PASSED Record Vote: Mayor Mouton Councilmember Feldschau Councilmember Durio Councilmember Neild Councilmember Getz Councilmember Turner Mayor Pro Tem Samuel -Absent Resolution 21-188 9. Consider authorizing publication of a notice of intention to issue Certificates of Obligation in an amount not to exceed $33 Million. On July 20, 2021, Council discussed the proposed 2022-2026 Capital Program. The proposed Capital Program included $16 Million for the Street Rehabilitation Program; $4 Million for City-Wide Ditching, $2 Million for Storm Water Point Repairs; $4 Million for Minutes—August 10,2D21 Threadneedle Storm Water Line Repairs; and $7 Million for an Asphalt Overlay on 411 Street. The proposed issue in an amount not to exceed $33 Million would be used to fund those projects. Issuance of the Certificates is tentatively scheduled for September 28, 2021, with the delivery and receipt of the proceeds by the City on October 26, 2021. All debt and other expenses related to the Certificates of Obligation shall be incurred by the Debt Service Fund. Approval of the resolution. Councllmember Neild moved to APPROVE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT,TEXAS,AUTHORIZING THE PUBLICATION OF THE NOTICE OF INTENTION TO ISSUE CITY OF BEAUMONT, TEXAS, CERTIFICATES OF OBLIGATION IN A PRINCIPAL AMOUNT NOT TO EXCEED $33,000,000 FOR THE CONSTRUCTION OF PUBLIC WORKS AND ANY ITEMS RELATED THERETO AND FOR THE PAYMENT OF CONTRACTUAL OBLIGATIONS FOR PROFESSIONAL SERVICES;AUTHORIZING THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT RELATING TO SUCH CERTIFICATES; AND CONTAINING OTHER PROVISIONS RELATING THERETO. COuncllmember Turner seconded the motion. AYES: MAYOR MOUTON,COUNCILMEMBERS DURIO,GETZ,TURNER,FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 21-189 EXECUTIVE SESSION — Recessed into Executive Session at 2:24 p.m. * To discuss and or deliberate economic development negotiations in accordance with Section 551.087 of the Government Code to wit, specifically: Arbor Renewable Gas, LLC is seeking incentives for the creation and potential future expansion of their facility situated between Highway 347 and Highway 69 South, to the southwest of the OCI Methanol Plant property + Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Enterprise Rent-A-Car Council reconvened at3:24 p.m. PUBLIC HEARING Receive comments on a Tax Abatement Agreement with Arbor Renewable Gas, LLC Public Hearing Open: 3:26 p.m. Minutes—August 10,2021 Nicholas Hungry 9155 Mapes Beaumont TX Stated that the read about the tax abatement and it's very confusing, asked if these types of tax abatements are good for small and big companies alike and how much the big corporations pay to the city, still doesn't know how much the big corporations pay to the city Public Hearing Close: 3:30 p.m. 10. Consider authorizing the City Manager to enter into a Tax Abatement Agreement with Arbor Renewable Gas, LLC. The City was recently approached by Arbor Renewable Gas, LLC requesting tax abatements in order to move forward with investments, of up to $1.15 billion for the creation of a plant situated between Highway 347 and Highway 69 South,to the southwest of the OCI Methanol Plant property. In July 2021, the City created the Arbor Reinvestment Zone, allowing for tax abatements in accordance with Chapter 312 of the Texas Tax Code. An application was received from Arbor Renewable Gas, LLC., outlining their proposal. The initial investment is estimated to be $325 million, creating 20 permanent jobs and approximately 300 construction jobs. With key infrastructure and product demand along the Gulf Coast, the company could build an additional three units at the same site, for approximately$275 million each, with an additional 300 construction jobs and 12 permanent employees at each of the three units. In regard to the successive investments, this project could be a total estimated investment of$1.15 billion. The proposed abatement agreement would result in an abatement of City taxes on the new development in the amount of 90%for 10 years towards Unit 1. In addition, Units 2 through 4 would result in an abatement of City taxes on new improvements in the amount of 100% for 10 years. The proposed abatement meets the criteria and conditions set forth in the City's Reinvestment Zone Tax Abatement Policy, adopted in September 2020. All area taxing entities have been notified of the proposed agreement. Council to conduct the Public Hearing and approve the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT APPROVAL OF AN APPLICATION FOR CHAPTER 312 ECONOMIC DEVELOPMENT INCENTIVES FOR ARBOR RENEWABLE GAS, LLC FOR THE CREATION AND MAINTENANCE OF THEIR PLANT FACILITY SITUATED BETWEEN HIGHWAY 347 AND HIGHWAY 69 SOUTH, TO THE SOUTHWEST OF THE OCI METHANOL PLANT IS HEREBY APPROVED AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A TAX ABATEMENT AGREEMENT WITH ARBOR RENEWABLE GAS,LLC GRANTING A 90%AD VALOREM TAX ABATEMENT FOR TEN(10)YEARS TOWARDS UNIT 1 AND A 100%AD VALOREM TAX ABATEMENT FOR TEN (10) YEARS TOWARDS UNITS 2 THROUGH 4 FOR THE CREATION AND MAINTENANCE OF THEIR PLANT FACILITY SITUATED BETWEEN HIGHWAY 347 AND HIGHWAY 69 SOUTH,TO THE SOUTHWEST OF THE OCI METHANOL PLANT PROPERTY. COuncilmember Durio seconded the motion. AYES: MAYOR MOUTON,COUNCILMEMBERS DURIO,GETZ,TURNER,FELDSCHAU AND NEILD NAYS: NONE Minutes—August 10,2021 MOTION PASSED Resolution 21-190 COMMENTS * Public Comments (Persons are limited to three minutes) Eric K. Petry 3705 E. Lucas Dr. Beaumont TX. Read a petition regarding removing a bus bench located in front of the senior citizen resident where he resides at 3705 E. Lucas, stated that there's prostitutes and drug dealers hanging around the bus bench, the individuals commit crimes, drug deals run rapid throughout the day, the Beaumont Police Department has to be called to this location on a regular basis, stated that there are two other bus benches that are relatively close to the bench in front of the residence that can be utilized to transport citizens to their destination, there's a bus bench to the left of the residence in front of the John Davis Community Center and one to the left on the corner of Lucas and Concord, residents would appreciate the Council's help regarding this issue Alto Watson 2615 Gladys Beaumont TX Spoke to Council regarding bringing the Battleship Texas to Beaumont, stated that he's been in conversation with the Executive Director who contacted him on Monday,August 10, 2021, who stated that he hadn't gotten a call from the City, stated that he's called the Mayor's office three times as well as leaving the number of the Executive Director and no one from the City has reached out to ED, the Battleship Texas Foundation wants to come to Beaumont to sit down and talk with Council about the ability to put the battleship here, he would be willing to go to Houston and bring the Foundation back to Beaumont, if the Foundation could reflect the cost too Council and then if it's too much then the city could turn them down, if the city wants to redevelop downtown what better than to have the battleship, also mentioned the Foundation might be interested in the AT&T building and making it a Naval Museum, also said it could be named Battle Ship W.L. Pate or Battle Ship Museum, Sherrene Cook was due to speak on today but is out of town • Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER NEILD- STATED THAT A LOT OF THE CITIZENS ARE LED TO BELIEVE THAT COUNCIL DOESN'T CARE ABOUT BATTLESHIP TEXAS, STATED THAT SEVERAL MONTHS AGO PRIOR TO COUNCILMEMBER GETZ BRINING THIS UP, HE FORWARDED AN EMAIL TO THE CITY MANAGER WHICH DISCUSSED SOME OF THE FACTS ABOUT BATTLESHIP TEXAS, ENCOURAGED THE CITY MANAGER TO REACH OUT TO THE FOUNDATION TO CONFIRM SOME OF THE FACTS THAT HE'S PROVIDED HIM, STATED THAT BATTLESHIP TEXAS RIGHT NOW COST ABOUT $2 MILLION DOLLARS A YEAR TO OPERATE, WHERE THE SHIP IS LOCATED NOW THEY ARE RECEIVING APPROXIMATELY 80,000.00 Minutes—August 10,2021 VISITORS A YEAR AND TO MAKE THIS THING WORK THEY NEED ABOUT 350,000 VISITORS A YEAR TO GET CLOSE TO OR BREAK EVEN TO MAKE IT WORK,THE STATE OF TEXAS HAS SPENT$85 MILLION DOLLARS AND IS IN THE PROCESS OF SPENDING ANOTHER $35 MILLION DOLLARS TO GET THE SHIP TO A CONDITION THAT IT NEEDS TO BE IN, THIS IS NOT A CHEAP THING AND ALL OF THE NUMBERS AREN'T GETTING PUT OUT TO THE CITIZENS, ASKED THAT THE CITY MANAGER REACH OUT AND CONFIRM THE NUMBERS THAT HE'S SHARED WITH COUNCIL AND TO PUT THOSE FACTS OUT TO THE CITIZENS MAYOR PRO TEM SAMUEL- ABSENT COUNCILMEMBER FELDSCHAU - NONE COUNCILMEMBER TURNER- SPOKE ABOUT THE RISE OF COVID, ASKED THAT EVERYONE TAKE PRECAUTIONS, AS EVERYONE MAY KNOW THERE'S A MEMBER OF COUNCIL THAT HAS COVID AS WELL AS OTHER COUNCILMEMBERS THAT HAVE FAMILY MEMBER'S THAT HAVE COVID, HIS PRAYERS GO OUT TO THEM AND THEIR FAMILIES, ALSO STATED THAT AYOUNG MAN THAT HE MENTORS,CALLED HIM LATE MONDAY NIGHT TO TELL HIM THAT HIS MOTHER DIED OF COVID,ASKED THAT EVERYONE TAKE COVID SERIOUSLY, THE NUMBERS ARE ON THE RISE AND THE HEALTH DIRECTOR HAS ASKED THAT WE AS COUNCIL ENCOURAGE CITIZENS TO PROTECT THEMSELVES AS WELL AS OTHERS BY WEARING THEIR MASK, ANNOUNCED THE HARLEM GLOBE TROTTERS WILL BE AT FORD PARK ON AUGUST 10, 2021, THANKED NIGEL PEARSON WHO IS A PROFESSIONAL BASKETBALL PLAYER WHO JUST FINISHED A BASKETBALL CAMP, THERE WAS 125 KIDS THAT ATTENDED THE CAMP WHICH WAS FREE TO THE COMMUNITY COUNCILMEMBER DURIO- COMMENTED ON COVID, STATED THAT EVERYONE HAS TO PROTECT THEMSELVES, DESPITE THE MANDATES THAT WE CAN'T MANDATE,WE STILL HAVE TO PROTECT OURSELVES AND OUR CITIZENS, ASKED THAT EVERYONE BE SMART BECAUSE COVID IS KILLING PEOPLE EVERYDAY COUNCILMEMBER GETZ- STATED THAT HIS WIFE IS FEELING BETTER,SHE TOOK A TEST ON YESTERDAY AND SHE'S STILL POSITIVE,HE TOOK ONE AND IT SHOWED HE WAS NEGATIVE, THEY ARE ISOLATING IN THEIR HOME,MADE COMMENTS REGARDING THE BATTLESHIP TEXAS, STATED THAT THERE NEEDS TO BE A WORKSHOP ON THE BATTLESHIP TEXAS, THE FOOD TRUCK PARK AND THE HOMELESS SITUATION CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES- NONE Minutes—August 1D,2021 MAYOR MOUTON - SPOKE REGARDING COVID, ASKED KENNETH COLEMAN, HEALTH DIRECTOR TO SPEAK ABOUT THE RISE IN COVID NUMBERS, ENCOURAGED ALL CITIZENS TAKE THE NECESSARY PRECAUTIONS, NO ONE CAN MANDATE OR MAKE CITIZENS WEAR A MASK,ASKED THAT ALL CITIZENS MAKE THE DECISION TO WEAR THEIR MASK, ALSO COMMENTED ON COUNCILMEMBER SAMUEL AND COUNCILMEMBER GETfS WIFE TESTING POSITIVE FOR COVID With there being no other business to come before Council,the meeting was adjourned at 3:56 p.m. Robin Mouton, Mayor Tina Broussard, City Clerk Minutes—August 10,2021 2 August 17, 2021 Authorize the Chief Financial Officer to execute all documents necessary to accept funding from the Texas Department of State Health Services awarded to the Beaumont Public Health Department BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kenneth Coleman, Public Health Director MEETING DATE: August 17, 2021 REQUESTED ACTION: Council consider a resolution authorizing the Chief Financial Officer to execute all documents necessary to accept funding from the Texas Department of State Health Services (DSHS) in the amount of$600,000.00 awarded to the Beaumont Public Health Department. BACKGROUND The Texas Department of State Health Services has awarded the Beaumont Public Health Department a COVID-19 Grant in the amount of$600,000.00. This funding will assist the Beaumont Public Health Department to increase vaccination rates to the underserved population. This contract will be begin on signature date and end on 06/30/2023. FUNDING SOURCE Not Applicable RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager or the Chief Financial Officer be and they are hereby authorized to execute all documents necessary to accept funding from the Texas Department of State Health Services (DSHS) for a COVID-19 Grant in the amount of $600,000.00, effective upon signature through June 30, 2023, to assist the Beaumont Public Health Department with increasing vaccination rates to the underserved population. 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 17th day of August, 2021. - Mayor Robin Mouton - 3 August 17, 2021 Approve a maintenance agreement for use in Fire and EMS operations BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: August 17, 2021 REQUESTED ACTION: Council consider a resolution approving a maintenance agreement for use in Fire and EMS operations. BACKGROUND Currently, two separate maintenance agreements with Stryker Medical of Chicago, Illinois, provides onsite technical service and repair,inspection, and preventative maintenance of Lift Pack cardio monitors utilized by the City's Fire and EMS operations. The four-year agreement with EMS covers service for 13 units at a total cost of$79,256.86.Another agreement for Fire covers 11 units for four years at a total cost of$71,151.82. The new agreement will combine service agreements for the Fire and EMS operations and add service agreements for 10 Power-Loading ambulance cots, 10 Power-Loading ambulance bed lifts and nine Stair-Pro chair systems which were under the original purchase warranty and will now require service agreements moving forward. The new agreement will service the equipment at an annual cost of$74,025.95 with a total four year cost of$296,103.80 Stryker Medical is the manufacture of the equipment and is a sole source provider for the maintenance. The agreement is attached. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. stryker 4 Yr Plan for Fire and Rescue and EMS Departments (without the LP 15 V2s) -Annual Billing Quote Number: 10398990 Remit to: Stryker Medical P.O. Box 93308 Version: 1 Chicago,It 60673-3308 Prepared For: CITY OF BEAUMONT FIRE AND RESCUE Rep: Trish Lundeen Attn: Brian Hebert Email trish.lundeen@strykeccom brian.hebert@beaumonttexas.gov Phone Number: 425-867-4785 (409) 880-3904 Quote Date: 07/29/2021 Fvnlrarmn nary inn7n011 Delivery Address End User-Shipping-Billing Bill To Account Name: CITY OF BEAUMONT FIRE AND Name: CITY OF BEAUMONT FIRE AND Name: CITY OF BEAUMONT RESCUE RESCUE Account# 1459646 Account#: 1459646 Account#: 1193036 Address: 400 WALNUT ST Address: 400 WALNUT ST Address: PO BOX 3827 BEAUMONT BEAUMONT BEAUMONT Texas 77701 2344 Texas 77701-2344 Texas 77704 ProCare Products: yy�� st11YuAgh1- 78000008 ProCare LIFEPAK 15 Prevent Service: 24 10/01/2021 09/30/2025 5.0% $6,840.00 $164,160.00v Annual onsite preventive maintenance ins ection and unlimited repairs including parts, labor and travel with battery coverage 77501002 ProCare Power-LOAD Prevent Service: 10 10/01/2021 09/30/2025 5.0% $6,577.80 $65,778.00 Annual onsite preventive maintenance inspection and unlimited repairs including parts, labor and travel with battery coverage 77101002 ProCare Power-PRO Prevent Service: 10 10/01/2021 09/30/2025 5.0% $5,008.40 $50,084.00 Annual onsite preventive maintenance inspection and unlimited repairs including parts, labor and travel with battery coverage 7710000S ProCare Power PROPreventive 2 10/01/2021 09/30/2022 $249.00 $498.00 Maintenance: Annual onsite preventive (PM Only due to these two Power Pros being in warranty) maintenance inspection 77101002 ProCare Power-PRO Prevent Service: 2 10/01/2022 09/30/2025 5.0% $3,756.30 $7,512.60 Annual onsite preventive maintenance inspection and unlimited repairs including parts, labor and travel with (Proration from 3/8/23 due to warranty) battery coverage 77307002 ProCare Stair Chair Prevent Service: 9 10/O1/2021 09/30/2025 5.0% $896.B0 $8,071.20 Annual onsite preventive maintenance inspection and unlimited repairs including parts, labor and travel . . . . . ... .. . .._.- ......-..-.. 1 Stryker Medical-Account Receivable-accouutvec 'vable/dsvvkcreom-PO BOX 93308-Chicago,IL 60673-130R Stryker 4 Yr Plan for Fire and Rescue and EMS Departments (without the LP 15 V2s) -Annual Billing Quote Number: 10398990 Remit to: Stryker Medical P.O.Box 93308 Version: 1 Chicago, IL 60623-3308 Prepared For: CITY OF BEAUMONT FIRE AND RESCUE Rep: Trish Lundeen Attn: Brian Hebert Email trish.lundeen@stryker.com brian.hebert@beaumonttexas.gov Phone Number: 425-867-4785 (409)880-3904 Quote Date: 07/29/2021 Fvn—u— naft lmn7nml ProCare Total: $296,103.80 Price Totals: Estimated Sales Tax (0.000%): $0.06 Freight/Shipping: $0.00 Grand Total $296,10380 Comments: Please see attached serial number list. (Please review the serial number list and provide feedback if there are missing units or if any changes are needed. '.(The 4 LP 15 V2 models are not listed on this Quote as they are listed on their own separatei.. 1 yr plan quote.) '.. Annual billing invoice schedule: October 2021 $74,025.95 October 2022 $74,025.95 October 2023 $74,025.95 October 2024 $74,025.95 Prices: In effect for 60 days. Terms: Net 30 Days Contact your local Sales Representative for more information about our flexible payment options. 2 SYyker Medical-Accounts Rcccivable-aeenumseceivabior.,dr keccom-POBOX9330E-CMczgq IF 60693-3308 stryker 4 Yr Plan for Fire and Rescue and EMS Departments (without the LP 15 V2s) - Annual Billing Quote Number: 10398990 Remit to: Stryker Medical P.O. Be.93308 Version: 1 Chicago, IL 60673-3308 Prepared For: CITY OF BEAUMONT FIRE AND RESCUE Rep: Trish Lundeen Attn: Brian Hebert Email trish.lundeen@strykeccom brian.hebert@beaumonttexas.gov Phone Number: 425-867-4785 (409) 880-3904 Quote Date: 07/08/2021 P—i—Iinn nary tnmr✓?m, AUTHORIZED CUSTOMER SIGNATURE This purchase is governed by the Stryker Terms and Conditions as negotiated between the parties in April 2020, reasserted July 2021, and attached to this quote. 3 Sh kerMedical-Acooume Receivable-a«ountvc :val,ke suvkeccom-PO BOX 93308-Chica ,H-606v3-330S 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 a four (4) year Onsite Preventative Maintenance Agreement with Stryker Medical, of Chicago, Illinois, a sole source provider, in the annual amount of $74,025.95 and total amount of $296,103.80, for onsite technical service and repair, inspection, and preventative maintenance of Lift Pack cardio monitors, Power-Loading ambulance bed lifts, Stair-Pro chair systems and Power Pro ambulance cots for use by the Fire Department and EMS. 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 17th day of August, 2021. - Mayor Robin Mouton - 4 August 17, 2021 Authorize the City Manager to enter into an Agreement with the Southeast Texas Flood Control District to receive 33 flood sensors and to have the data hosted by Jefferson County Drainage District No. 6 BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works &Technology Services MEETING DATE: August 17, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to enter into an Agreement with the Southeast Texas Flood Control District (SETxFCD)to receive 33 flood sensors and to have the data hosted by Jefferson County Drainage District No. 6 (DD6). BACKGROUND The Department of Homeland Security(DHS) is collaborating with Intellisense Systems, Incorporated (Intellisense) for the testing and evaluation of flood sensors developed by Intellisense under a DHS contract. The DHS will use the data resulting from this testing and evaluation activity to assess the functionality of the flood sensors for commercial viability, durability, and research. On June 14, 2021, the SETxFCD signed the Cooperative Research and Development Agreement (CRADA), along with Intellisense and DHS, stating that the DHS will be providing 125 flood sensors to the SETxFCD for a 120-month testing and evaluation activity. The 120-month period will consist of a 36-month technical evaluation and an 84-month durability evaluation. Upon the completion of the 120-month testing and evaluation,the DHS will collaborate with the SETxFCD on the future of the flood sensors. The City, through this resolution, is indicating its willingness to enter into an Agreement with the SETxFCD to take on the allotted 33 flood sensors to be placed at outfall structures, underpasses, and ditches throughout the City, and will commit to the project's development, implementation, construction maintenance, and management. The data from the sensors will be hosted on DD6's website for public access. The flood sensors will be provided to the City at no cost. The only cost associated with this project would be the purchase of materials needed for installation, an estimated amount of$3,000.00. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENT(CRADA) 21-TCSP-004 The Department of Homeland Security("DHS") Sponsor and the Collaborators(collectively referred to as the"Parties")enter into this CRADA("Agreement")under the authority of the U.S. Federal Technology Transfer Act of 1986(codified at 15 U.S.C. § 3710a). The Parties will work collaboratively to execute the Statement of Work in Appendix A.The utilization of DHS personnel,resources,facilities,equipment,skills,know-how, computer software and information will be consistent with its own policies,missions,and requirements. Article 1. PARTIES a. Sponsor: DHS Science and Technology Directorate Mr.Jeffrey Booth Director, Sensors and Platforms Technology Center Jeffrey.Booth@hq.dhs.gov (202)2546347 b. Collaborators Southeast Texas Flood Control District,LGC Fred Jackson President,Southeast Texas Flood Control District,LOC fiackson(alco jefferson.tx us Office: (409) 835-8466 Mobile: (409) 791-1783 Southeast Texas Flood Control District is a Texas Local Government Corporation established by the following Texas counties: Chambers,Hardin,Jasper,Jefferson, Liberty,Newton,Orange,and Tyler("Member Counties'j. In addition, Southeast Texas Flood Control District works with the City of Beaumont,Jefferson County Drainage District Number 6,Jefferson County Drainage District Numher 7,Lower Neches Valley Authority,Orange County Drainage District, Sabine River Authority, and Trinity Bay Conservation District to accomplish its mission,including the goals of this CRADA ("Affiliated Entities"). Intellisense Systems Inc. Ryan Guerrero Business Development Manager—Environmental SensingRGuerrero@intellisenseino.com 21-TCSP-004 l Article 2. DEFINITIONS Definitions of terms used in this Agreement are located on the DHS website at: bas:/Iwww.dhs.eov/publication/st-om&defit itions. dated August 2018 and are incorporated by reference herein. Article 3. RIGHTS IN EQUIPMENT Any Party may provide Equipment to another Party for purposes ofjoint research,development, test and evaluation.Unless otherwise specified,each Party shall retain title to all Equipment to which it held title prior to the Effective Date of this Agreement or that it purchased for purposes of this Agreement.Any directions regarding the return or disposal of Equipment after test and evaluation activities are completed shall be included in the Statement of Work in Appendix A. All Equipment intended for use under this Agreement will be listed by the appropriate Party in Appendix B spreadsheet and Appendix C. The Party providing Equipment hereby asserts that it owns or possesses sufficient property rights in the Equipment for the test and evaluation activities conducted under this Agreement. Article 4. RIGHTS IN PROPRIETARY INFORMATION a Each Party shall identify and list in Appendix C any Proprietary Information,which shall be marked with appropriate markings,before sharing with any other Party. No Party shall disclose to the public my Proprietary Information obtained from any other Party without prior written approval of that Party. b. License to Background Intellectual Property (IP). Solely for the purpose of and for the duration of this Agreement,each Party grants to each other Party a temporary, nonexclusive,nontransferable,paid-up license to use its Background IP.Background IP shall also be identified and listed in Appendix C. Article 5. RIGHTS IN TECHNICAL DATA Each Party shall grant each other Party unlimited rights in any Technical Data,including copyrighted materials, first created as a result of the activities conducted under this Agreement, unless specifically provided otherwise in the Statement of Work in Appendix A. Article 6. RIGHTS IN INVENTIONS a. Each Party shall disclose to each other Party any Inventions conceived or reduced to practice as a result of the activities conducted under this Agreement within 60 days of the Conception or Reduction to Practice of the Invention. b. A Party that solely conceives an Invention or reduces the Invention to practice shall retain all rights allowed by applicable laws.For any Invention arising from this Agreement made by employees,Collaborator agrees to grant to the U.S.Government on Collaborator's Inventions a nonexclusive,nontransferable,irrevocable,paid-up license to practice the 21-TCSP-004 2 Invention or have the Invention practiced throughout the world by or on behalf of the Government for research or other Government purposes. c. If Parties jointly conceive an Invention or jointly reduce it to practice,those Parties shall retain all rights allowed by applicable laws and shall work together to prosecute a patent application. d. If a Party elects not to continue prosecution of a patent application,that Party shall notify each other Party with sufficient time to allow it/them to continue to pursue a patent based on the application. Article 7. RESTRICTIONS ON COLLABORATOR PUBLICATIONS Publications produced by any of the Collaborators as a result of this Agreement,as well as publication of this Agreement,shall carry the following notices: a. Acknowledgement. "This publication is based upon work conducted under the U.S. Department of Homeland Security Cooperative Research and Development Agreement No.21-TCSP-004." b. Disclaimer."The views and/or conclusions contained in this document are those of the author(s)and should not be interpreted as necessarily representing the official policies, either expressed or implied,of the U.S. Department of Homeland Security (DHS),and do not constitute a DHS endorsement of the equipment tested or evaluated." Article 8. EXPORT CONTROLS Nothing in this Agreement shall be construed as an approval of,certification of,or waiver for an export's compliance with applicable laws and regulations regarding Export-Controlled Items.Each collaborator maintains the responsibility for its own due diligence regarding its compliance with export control regulations. Article9. WARRANTY The Parties make no representations and extend no warranty of any kind,either expressed or implied,as to any matter associated with this Agreement. There are no expressed or implied warranties of merchantability or fitness for a particular purpose. For purposes of the activities described in Appendix A of this Agreement,DHS S&T assumes no liability associated with the sensors,their installation,or operational performance. Article 10. LIABILITY a. DHS shall be liable for any damages incurred as a result of activities conducted under this Agreement only to the extent provided under the Federal Tort Claims Act,28 U.S.C. §§ 2671 through 2680. 21-TCSP-004 3 b. Each Collaborator shall be liable for any damages incurred solely as a result of its activities conducted under this Agreement in accordance with applicable Federal and State laws. Article 11. FORCE MAJEURE No Party shall be liable for any unforeseeable event beyond its reasonable control.A Party unable to perform shall promptly notify each other Party. Article 12. GOVERNING LAW This Agreement shall be governed by applicable Federal and State laws. Article 13. DHS SPONSOR CONTRACTOR SUPPORT DHS reserves the right to use contractor support to fulfill its obligations under this Agreement and agrees to notify each Collaborator in writing 15 days prior to doing so. Article 14. GUESTS OR ATTENDEES Each Party shall require that its employees,guests,or attendees associated with the engagement appropriately sign Non-Disclosure Agreements to protect and prevent disclosure to the public of - any Proprietary Information or Technical Data. Article 15. FUNDS No U.S.Government funds will be transferred to any Collaborator under this Agreement.The Statement of Work in Appendix A will address all funding requirements and processes,if any, for funds that any Collaborator transfers to DHS.All expended fonds provided by any Collaborator to DHS Sponsor are nonrefundable. Article 16. DATES,MODIFICATIONS,EXTENSIONS,TERMINATION, SURVIVABILITY,AND DISPUTE RESOLUTION a This Agreement is effective upon the date of signature of the last Party to sign. It will remain in effect for 120 months from that date. b. The Parties must agree in writing to all modifications to this Agreement and to any extensions or changes to the termination date of this Agreement. c. A Party may unilaterally terminate this Agreement at any time by providing written notice to each other Party. d. The Articles of this Agreement shall survive its termination. c. The Parties agree that the signatories to this Agreement wiil resolve all technical disputes arising from the Agreement. 21-TCSP-004 4 Article 17. POINTS OF CONTACT DHS Technical POC: Mr.Jeffrey Booth Director,Sensors and Platforms Technology Center DHS Science and Technology Directorate Phone(202)254-6347 Jefficy.Boolh@hg.dhs.gov hg.dhs.eov DHS Technology Transfer POC: Patricia Reichenbach,DHS CRADA Program Manager Science and Technology Directorate Department of Homeland Security CRADA a a.dhs nov DHS Office of the General Counsel POC: Technology Programs Law Division DHS Science and Technology Directorate Lavanv&Ratnam@ha dhs.¢ov Collaborator POCs: Fred Jackson President Southeast Texas Flood Control District,LCG f ackson@co.j efferson.tx.us Ryan Guerrero Business Development Manager—Environmental Sensing Intellisense Systems Inc. RGuerrem(aljntellisenseinc.com 2l-TCSP-W 5 Article 18. SIGNATURES FOR 21-TCSP-004 Accepted for Local Collaborator: I.the undersigned,am duly authorized to bind the Southeast Texas Flood Control District,LGC to this Agreement and do so by affixing my signature hereto. Fred son Date Re dent Accepted for Intellisense: 1,the undersigned,am duly authorized to bind Intellisense Systems,Inc.to this Agreement and do so by affixing my signature hereto. Frank T. Willis President and CEO Date: Accepted for DHS Sponsor: 1,the undersigned,am duly authorized to bind DHS S&T to this Agreement and do so by affixing my signature hereto. KALPANA B ^"° •"'""""' REDDY m..mzi.onz n:oz:.waa Kalpana Reddy Branch Chief,DHS Technology Transfer and Commercialization 21-TCSP-004 6 APPENDIX A STATEMENT OF WORK I. Background The Department of Homeland Security(DHS)Science and Technology Directorate(S&T) funded Small Business Innovation Research(SBIR)contracts to design,develop,deploy,test, evaluate and deliver operational Internet of Things (IoT),low-cost flood inundation sensors. DHS S&T intends to foster the use and adoption of these flood sensor products by working with the sensor developer and municipal,State,Federal,and international communities to test and evaluate the sensors in operational field deployments. Flooding is the nation's leading natural disaster,accounting for the greatest loss of life,property damage and economic impact. Current flood damage for the 30-year period(1985-2015)is estimated at$8.2 billion in damages and more than 105 fatalities per year. In support of the Federal Emergency Management Agency,DES S&T is evaluating low-cost flood sensors to determine their utility in preparing communities to become more resilient from flood disasters. Mitigation measures like flood sensors will prepare communities to respond by providing alerts, warnings and notifications of flooding. Deployable flood sensors can monitor flood-prone areas in real time for rapid detection to alert officials,industry and citizens to potential flood hazards. II. Purpose The purpose of this Agreement is to facilitate collaborative testing and evaluation(T&E)of the flood sensors developed by Intellisense Systems,Incorporated(hereafter Intellisense)under a DHS SBIR contract.The DHS S&T Sponsor will use the data resulting from this T&E activity to assess the functionality of the flood sensors for commercial viability and broad adoption. .Local Collaborator will receive flood sensors to promote community resilience while performing operational T&E in their local field environments over a 36-month evaluation period. In turn, Intellisense will be able to determine any needed enhancements to the flood sensors based on feedback provided by Local Collaborator during the 36-month T&E period. III. Expected Results By testing the flood sensor equipment in an operational field environment,Local Collaborator will be able to evaluate the performance of the equipment as it meets their needs for flood alerts, warnings and notifications within their jurisdictions,while also identifying any potential deficiencies and/or vulnerabilities in the sensors. The results of this evaluation will enable DHS S&T to gain further knowledge of the performance of the flood sensors and allow Intellisense to develop enhancements to mitigate deficiencies in sensor performance.This collaboration will result in improved sensor capabilities that increase community resilience to flood hazards, potentially leading to commercial availability and adoption of the sensors by Local Collaborator and other users. 21-TCSP-004 7 IV. Obligations of DHS S&T: DHS S&T is responsible for the following specific activities: a. Flood Sensors—Work with Intellisense to provide a total of one hundred twenty-five (125)flood sensors to Local Collaborator in an initial distribution. Additional sensors will be considered in a subsequent distribution if the Parties concur. S&T will work with Local Collaborator to inventory and track the flood sensors on a quarterly basis using the format provided in Appendix D. b. Flood Sensor Ownership—Maintain ownership of the flood sensors per DHS policy during the period of this Agreement. c. Privacy Requirements—Complete requisite privacy risk analysis and ensure implementation of privacy protections by completing appropriate privacy compliance documentation as required by law and DHS policy. DHS S&T may request information from Local Collaborator to inform the privacy risk analysis. d. Data Rights—DHS S&T shall use any data first produced by Intelliseme under this Agreement for Croverminent purposes only and shall not publicly disclose any such data without the written permission of Intellisense. e. Coordination—Conduct quarterly status meetings with Local Collaborator and Intellisense to review the operational performaince and status of the flood sensors. f. Flood Sensor Signage—Ensure that notification is affixed to each sensor to alert the public that the flood sensors belong to DHS. g. Telecommunications—Cover the telecommunication costs for the first 24 months associated with the operation of the flood sensors under this Agreement. Local Collaborator will be responsible for all communication costs after 24 months. It. Flood Sensor Evaluation—Provide a flood sensor evaluation form(see Appendix E) for use by Local Collaborator in assessing the performance of the flood sensors. i. PE Data Deletion or Destruction—After the testing and evaluation of the flood sensors is completed,acknowledge receipt of email from Local Collaborator containing the Certificate of Data Disposal(see Appendix F). This Certificate conf um that all imagery data containing personally identifiable information(PII)captured during the testing and evaluation of the flood sensors has been deleted or destroyed from all Local Collaborator systems and equipment such that there is reasonable and consistent assurance that the data cannot be easily retrieved or reconstructed. j. Flood Sensor Disposition Determination-Review the final quarterly status report with Local Collaborator to assess operational status of the flood sensors.Pursuant to the DHS property disposition and evaluation process,DHS will determine if the sensors are to be returned by Local Collaborator. In the event DHS determines the property has no commercial or monetary value,or the cost of care,handling and preparation of the property for sale would be greater than the expected sales proceeds,then DHS will collaborate with Local Collaborator to dispose of the sensors. it. Flood Sensor Disposal/Excess Property-DHS S&T shall execute the disposal/excess property process based upon DHS policy. DHS will collaborate with Local Collaborator to determine the appropriate disposition for the sensors including the possible disposal of the sensors in accordance with the National Environmental Policy Act of 1969(or equivalent state or local requirements),the Solid Waste Disposal Act of 1965,as amended by the Resource Conservation and Recovery Act,and guidelines found in Appendix G. 21-TCSP-004 8 V. Obligations of Intellisense: a. Shipping- Ship the flood sensors directly to Local Collaborator's primary office location and/or other location(s)designated by Local Collaborator. b. Flood Sensor Signage—Prior to shipment, affix notification to each sensor to alert the public that the flood sensors belong to DHS. c. Installation&Deployment-Provide the flood sensor Instailation Guide and User Guide documentation and videos(see links below)to ensure that Local Collaborator has the necessary information to independently install and operate the flood sensors. i. httos://www.intellisenseinc com/thank-you/aware-flood-installation- guide-download/ ii. httos://voutu.be/v6zF1UAPZGk . iii. bttps://www.intellisemeinc.wmlresources/document-library/awwr flood-user-euide! iv. httos://voutu.be/gwE1SSG-PsA This documentation shall preclude the need for in-person training and limit the amount of technical support consultation. d. Flood Sensor Data i. Intellisense grants the Local Collaborator permanent ownership and control of any flood sensor data obtained from the normal operation of the flood sensors that the Local Collaborator stores on computer systems that the Local Collaborator controls. I For any flood sensor data obtained from the normal operation of the flood sensors but stored on servers that Intellisense controls, Intellisense grants the Local Collaborator permanent ownership and control of any Technical Data that the Local Collaborator exports from such servers to computer systems that the Local Collaborator controls. iii. Intellisense agrees that,if any of the flood sensor data is stored on Intellisense servers, Intellisense shall restrict its use of such data to customer support and/or product development and commercialization. e. Technical Consultation-Provide technical consultation to Local Collaborator as needed but not to exceed 40 hour;,to ensure proper installation and operation of the sensors. Level of support,if deemed necessary,shall be determined and agreed to by the Parties. f. Coordination and Reporting—Participate in quarterly conference calls with DHS S&T and Local Collaborator to discuss the use and performance of the flood sensors. VI. Obligations of Local Collaborator: For purposes of this section,"Local Collaborator"includes the Southeast Texas Flood Control District and its Member Counties and Affiliated Entities,as identified in Article I of this Agreement. 21-TCSP-004 9 Local Collaborator shall deploy,install,operate,maintain and evaluate the flood sensors and be responsible for all aspects of the sensor field deployment and operation. Responsibilities include the following specific activities: a. Receipt of Sensors—Receive shipments)of the flood sensors at office location(s) determined in advance by the Local Collaborator and provide to DHS S&T and Intellisense in agreed-upon format by all Parties. b. Flood Sensor Data-Local Collaborators shall maintain control over any flood sensor data, obtained from the normal operation ofthe flood sensors,that the Local Collaborator stores on computer systems that the Local Collaborators control, including a) water height, environmental and related sensor performance data, and b)imagery data, if any, captured by the attached camera. c. Privacy Requirements—if requested by DHS,provide information to DHS S&T to inform the privacy risk analysis. d. Data Rights —Local Collaborators shall not publicly disclose any data first produced by Intellisense under this Agreement without the written permission of Intellisense. e. Sensor Site Location—Identify and gain access to all site locations where the flood sensors will be installed f. Authorized Site Access and Permits—Secure all necessary rights-of-way access for easement and encroachment requirements including any permits if necessary,for the selected site locations(e.g.,government and/or private landowner requirements). g. hmstallation/Deployment—Install the flood sensors at the selected site locations using the Intellisense-provided Installation Guide and User Guide documentation and videos. Local Collaborators are responsible for purchasing supplies and materials(e.g.,t-posts, conduit, fasteners,etc.)necessary to install the sensors. h. Maintenance and Operation—Operate and maintain the flood sensors and be responsible for all aspects of the sensor field operation. i. Coordination and Reporting—Participate in quarterly conference calls with DHS S&T and Intellisense to discuss the use and performance of the flood sensors and provide reports using the spreadsheet in Appendix D. j. Flood Sensor Evaluation—Evaluate the flood sensors using the DHS-provided evaluation form in Appendix F at the beginning and end of the Period of Performance of this Agreement.Local Collaborators also may perform their own internal evaluation of the flood sensors and provide the findings to DHS S&T. k. PH Data Deletion or Destruction-After the testing and evaluation of the flood sensors is completed,Local Collaborator shall delete or otherwise destroy all imagery containing PII captured during the testing and evaluation period from all systems and equipment. Local Collaborator shall send the Certificate of Data Disposal(see Appendix F)via email to DHS S&T confirming that all PH images captured during the testing and evaluation of the flood sensors were deleted or destroyed such that there is reasonable and consistent assurance that the data cannot be easily retrieved or reconstructed. 1. Flood Sensor Disposition-Prepare and provide a final sensor inventory and operational status report to DHS S&T 90 days prior to the end of the period of performance of this Agreement.DHS S&T will collaborate with Local Collaborator to determine the appropriate disposition for the sensors including the possible disposal of the sensors in accordance with the National Environmental Policy Act of 1969 (or equivalent state or local requirements)and the Solid Waste Disposal Act of 1965,as amended by the 21-TCSP-004 10 Resource Conservation and Recovery Act. As such,and pursuant to the DHS property disposition and evaluation,Local Collaborator will collaborate with DHS to dispose of the sensors according to DHS disposal/excess property policy and the guidance in Appendix G. VII. Outputs • Quarterly coordination calls and operational status reports(Appendix D)involving all the Parties to address the use and performance of the flood sensors during the technical evaluation period of 36 months. During the 84-month durability evaluation period,these coordination call will occur annually. • Flood Sensor Evaluation Form(Appendix E)completed by Local Collaborator at the beginning and and of the 36-month technical evaluation period of this Agreement. VQL Period of Performance The period of performance shall be one hundred twenty(120)months from the date of execution of this Agreement, defined by a 36-month technical evaluation period and an 84- month durability evaluation period. IX. Other Considerations a. Delivery of Equipment Local Collaborator is responsible for transporting the flood sensors received from Intellisense and all necessary flood sensor equipment, supplies and materials for installation to and from the selected site locations. Local Collaborator shall retain control of the sensors and any installation equipment during installation and for the one hundred twenty (120)month test and evaluation period. b. Return and Disposition of Equipment/Material Due to the environmental conditions at each of Local Collaborators' field sites,there is potential that a portion or all of the flood sensors will be damaged by debris associated with rising water events.The Parties are also aware that, despite manufacturing processes to deter theft and vandalism,these activities may occur. Defective,damaged,vandalized,stolen or non-functioning flood sensors will neither be replaced,repaired or refurbished by the DHS Sponsor or any Party,nor will there be a responsibility or obligation by any Party to replace/repair the flood season. On a quarterly basis,Local Collaborator will coordinate with DHS S&T on the status and performance of each of the deployed flood sensors using the spreadsheet shown Appendix D. DHS S&T, Intellisense and Local Collaborator shall review the£nail quarterly status report of the 36-month technical performance period to assess operational status of the flood sensors. Based upon the assessment,DHS S&T shall 21-TCSP-M 11 execute the disposal/excess property process based upon DHS policy at the end of the 84-month durability evaluation period. c. Other Conditions Per Article 3.a: Rights in Equipment. Without express written permission by DHS S&T,Local Collaborator shall ensure that neither it nor its state and local government entities/partners re-distribute,disseminate,loan or lose possession of the flood sensors. Per Article 4.a: Rights in Proprietary Information. The Parties agree that they will not disclose any of the Proprietary Information outside their respective organizations without prior written permission from the other Parties unless required to do so pursuant to the law. Per Article 4.a: Rights in Proprietary Information and Article 5,Rights in Technical Data. DHS S&T may designate information resulting from activities conducted under this Agreement as For Official Use Only information.The Parties shall not release,disclose,publish,promote,or otherwise share with the public or third parties any DHS-provided information or any information related to the activities conducted under this Agreement(including but not limited to the field site location,installation activities,evaluation materials or results,and equipment performance)without the prior written approval of DHS S&T and/or prior coordination among all the Parties. Per Article 4.a:Rights in Proprietary Information.Local Collaborator granted permission to retain any user-related documentation(e.g., Installation Guide,User Guide, etc.)for the flood sensors beyond the term of this Agreernem.DHS S&T and Local Collaborator agrees they will not disseminate any non-publicly available user- related documentation provided by Intellisense outside their entity,Member Counties, and Affiliated Entities without prior written permission from Intelbsense. Per Article 4.b:Rights in Proprietary Information.Local Collaborator is not permitted to,and must protect against,the reverse engineering of the flood sensors including the units computer hardware and firmware. 21-TCSP-004 12 APPENDIX B EQUIPMENT DHS S&T will provide the following flood sensors' to Local Collaborator for the period of performance of this Agreement. 125 flood sensor packages:Each Intellisense flood sensor package includes an upper node /communications module,a camera,and an in-stream pressure transducer. Any additional flood sensors or ancillary materials(e.g.,extension cables)provided to Local Collaborator will be tracked and categorized in Appendix D. Flood Sensor includes(unless otherwise noted):Flood node and Antenna;water level pressure(WLP)sensor and 15 meter cable;camera sensor and 2 meter cable;and incidentals such as a node mounting bracket,two hose clamps, torn screws,and torx driver(•i for every 10 nodes).All are delivered within a custom packaging. 21-7CSP-004 13 APPENDIX C PROPRIETARY INFORMATION AND BACKGROUND INTELLECTUAL PROPERTY L DHS Proprietary Information N/A D. Intellisense Proprietary Information Flood sensor doc>mmentation. III. Local Collaborator Proprietary Information N/A IV. DIES Background Intellectual Property N/A V. Intellisense Background Intellectual Property Flood sensors and associated sensor documentation. VI. Local Collaborator Background Intellectual Property N/A 21-TCSP-004 14 4J r 'lllllllllllllllliilllllllll 11111111111111111111111111111111111111 �Illllillllllllillllllllllli 11111111111111111111111111111111111111 '�111111111111111111111111111 11111111111111111111111111111111111111 - ' Illllilllllllllllllllllllll 11111111111111111111111111111111111111 - u �111111111111111111111111111 11111111111111111111111111111111111111 �111111111111111111111111111 11111111111111111111111111111111111111 '��111111111111111111111111111 11111111111111111111111111111111111111 ;`IIIIIIIilllllllllllllllllil 11111111111111111111111111111111111111 i 111111111111111111111111111111111111111111111111111111111111 11111111111111111111111111111111111111�I I I I I I i l l l l l l l l l l l l l l 111111111111111111111111111111111111111111111111111111111111 111111111111111111111111111111111111111111111111111111111111 111111111111111111111111111111111111111111111111111111111111 111111111111111111111111111111111111111111111111111111111111 111111111111111111111111111111111111111111111111111111111111 Illlllllllllllllllllllliiilllilillllllillllllillllllllllllll Flood Starer includes(unless otherwise noted):Flood node and Antenna;water level pressure(WLP)senaer and 15 merer cable;cameraseosor®d 2 meter cable;and incidentals such as anode mounting brackce two hose clamps,tom screws,and torn driver(al for every 10 nodes).All em delivered within a custom packaging. 21-TCSP-W 17 APPENDIX E DHS S&T Flood Sensor Evaluation Form Thank you for your participation in this evaluation of the DHS S&T low-cost IoT flood sensors deployed in your community. If you have any questions during the evaluation period,please contact the DHS Technical Point of Contact. Name of Local Collaborator: Organization: Address: Address: Contact Name: Contact email: Contact phone: Date of Evaluation: Operational Evaluation * RaMon=provided et the begimdne ofthe agmewet(Questiom 1&2) **Respovsea provided w the and ofthe agreement(Qucadom 3-9) Please provide a summary of your experiences for each of the Sections below. Identify issues and opportunities to improve the support function listed. 1. Shipping*: Local Collaborator's experience may include but is not limited to: receiving the flood sensors from the DHS S&T support contractor;clear communications for shipping expectations(e.g,Tracking number,Number of expected packaging,Shipment size and delivery);accuracy of Bill of Materials;damage to the sensors during transport;any return shipping of sensors back to the DHS S&T support contractor. ANSWER: 2. Documentation&Support*: DHS S&T support contractor's documentation or instructions (e.g.,user guides,videos,etc.)provided Local Collaborator with clear/concise path forward (similar to receiving a commercial product via on-line provider)for installation,mounting, calibration,operational use and monitoring of sensors,and data format documentation. DHS 21-TCSP-e04 18 S&T support contractor's support included responsiveness via phone or email and resolution of the issues presented. ANSWER: 3.DHS S&T Support Contractor Website: As appropriate per Local Collaborator installation, DHS S&T support contractor's website was easy to use and provided the information needed, satisfactory interaction for Settings changes,and data accessibility. ANSWER: 4. field Installation:Local Collaborator's experience may include,but is not limited to:level of effort,materials,tools,mobile application,cameras, antennes,etc. with installing,re-installing or taking corrective actions with DHS S&T support contractor's sensors at various site environments. ANSWER: 5.Power: Local Collaborator's experience may include but is not limited to: sensor's ability to maintain power in various light and weather conditions to send data to the Local Collaborator's preference for a data aggregation site. ANSWER: 6.Calibration: Local Collaborator's experience may include but is not limited to:default parameter adequacy;sensor triggers;remote trigger setting functionality;accuracy compared to higher order sensor readings(e.g.,USGS,NONA,other). ANSWER: 7.Communications: Local Collaborator's experience may include but is not limited to: cellular signal strength,communications sufficiency of data and imagery,and sufficiency of sensor antenna. ANSWER: 21-TCSP-004 19 8. Data &Transmission:Local Collaborator's experience may include but is not limited to: Transmission of data from sensors and viewable by the DHS S&T support contractor's website (or by 3v°party website), suitability of data ingest to the Local Collaborator's software solution (i.e.,Contrail)from DHS S&T support contractor's/sensor's environment. ANSWER: 9. Capabilities: Local Collaborator's experience may include but is not limited to: suitability of sensors camera/imagery, suitability of"on-demand"functionality,imagery setup via DHS S&T support contractor mobile application,retrievability of past imagery,and GPS capabilities that proved adequate for Local Collaborator's needs. ANSWER: CONCLUSIONS: Local Collaborator's candid assessment of DHS S&T support contractor's sensor operational performance and interest in acquiring additional sensors. ANSWER: Final Remarks:Please provide final remarks and commentary on any topic that may or may not have been included in the survey questions above. 21-TCSP-004 20 APPENDIX F CERTIFICATE OF DATA DELETION OR DESTRUCTION FOR TESTING AND EVALUATION OF FLOOD SENSORS 9r Homeland Security CERTIFICATE OF DATA DISPOSAL The undersigned Local Collaborator hereby certifies that all copies,both physical and electronic, of the imagery data containing PU captured during the testing and evaluation of flood sensors has been deleted or destroyed such that there is reasonable and consistent assurance that the data cannot be easily retrieved or reconstructed.Description of files that were deleted or destroyed: Imagery data Electronic containing personally identifiable information' Submitter: Please Print or Type Name and Job Position Signature Date t Eaanples of imagery thn conmins Pn include but are not limited to,paticipating and tart-participating individual;any belongings of Individuals dw Identify the Individual(mg.,name tag),end license plates. Note:See MST Media Senitiration,SP 800-88 guidetinea for consideration 21-TCSP-004 21 APPENDIX G Sensor Disposal Guidelines: In the event the flood sensors stop working,first contact Intell sense to determine if the technology can be repaired for continued use. If it is determined irreparable,please follow these steps to dispose of the equipment in a thoughtful and environmentally sensitive manner. Early Warning Flood Sensors come equipped with a variety of parts and technologies that must be managed in different ways. These parts include: • Various plastics and metals Standard E-material • PV (solar)panel(s) Lithium Ion Battery Do not dispose of PV panels or the lithium-ion batteries in a landfill;both contain reactive and environmentally damaging heavy metals.To recycle the flood sensor's lithium battery,simply locate your community's nearest drop-off location for"used rechargeable batteries."It is likely that this facility will also accept the electronic waste(c-waste)generated from the flood sensor. If not,locate a nearby location that does accept a-waste and drop off at that location. These facilities can be identified through a simple Internet search—common a-waste and used battery receptors include hardware stores,battery retailers,and municipal/county recycling facilities. To recycle the PV panel, first contact the local waste/recycling authority,waste services of nearby localities,or an independent PV recycling organization to inquire about options. Should now of these be viable,contact Intellisense for direction. Plastics and metals that make up the casing and structure of the flood sensor can likely be recycled in your city's general recycling services.If uncertain,be sure to call and ask about a specific material.Dispose of nomecyclable parts according to general landfill waste guidelines. For more information on disposal options,contact Intellisense. 21-TCSP-M 22 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 Agreement (Memorialization of Transfer of Custody of Flood Sensors and Agreement to Abide by Cooperative Research and Development Agreement (CRADA)) and a Data Plan Agreement with the Southeast Texas Flood Control District, LGC to receive thirty-three (33) flood sensors and for flood sensor data to be hosted by Jefferson County Drainage District No. 6 (DD6). The Agreements are substantially in the form attached hereto as Exhibits "A" and "B" 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 17th day of August, 2021. - Mayor Robin Mouton - AGREEMENT (Memorialization of Transfer of Custody of Flood Sensors and Agreement to Abide by CRADA) THE STATE OF TEXAS § COUNTY OF JEFFERSON § This Agreement is made and entered into by and between CITY OF BEAUMONT, a body corporate and politic under the law of the State of Texas ("Local Collaborator") and the Southeast Texas Flood Control District, a local government corporation organized under the laws of the State of Texas (the "District"), together collectively referred to as the "Parties". RECITALS: The Parties desire to enter this Agreement to evidence the Local Collaborator taking custody of its allotted flood sensors and agreement to abide by the Cooperative Research and Development Agreement ("CRADA") attached to this Agreement; and The Local Collaborator is in receipt of its allotment of flood sensors. FOR GOOD AND VALUABLE CONSIDERATION of the mutual covenants, agreements, and benefits to the parties, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Purpose The purpose of this Agreement is to evidence the transfer of_Low-Cost Flood Sensors to Local Collaborator from the District. It is also to evidence the Local Collaborator's agreement to abide by the CRADA to facilitate collaborative testing and evaluation(T&E)of the flood sensors developed by Intellisense Systems, Incorporated(hereafter Intellisense)under a DHS SBIR contract. Local Collaborator is in receipt of the flood sensors per the CRADA to promote community resilience while performing operational T&E in their local field environments. In turn, EXHIBIT "A" Intellisense will be able to determine any needed enhancements to the flood sensors based on feedback provided by Local Collaborator during the 36-month T&E period. IL Responsibilities The Local Collaborator adopts all terms, obligations, covenants, and requirements of the CRADA as if fully set forth herein. The Local Collaborator will be responsible for the following_Low-Cost Flood Sensors: The Local Collaborator agrees to install these Low-Cost Flood Sensors and to share data and the GPS location of each sensor with the District, the Sabine River Authority, Jefferson County Drainage District No. 6, Lamar University and any other state agency as requested, and the West Gulf River Forecasting Center, the National Weather Service and any other federal agency as requested. The Local Collaborator agrees that the District may share data with any of its Member Counties and Affiliated Entities. The Local Collaborator agrees to bear responsibility for the cost of installing, maintaining, and monitoring its assigned Low-Cost Flood Sensors and will be responsible for safe-keeping of any spares assigned to it. [EXECUTION PAGE FOLLOWS] SOUTHEAST TEXAS FLOOD CITY OF BEAUMONT CONTROL DISTRICT,LGC By: By: FRED JACKSON KYLE HAYES PRESIDENT CITY MANAGER Date: Date: DATA PLAN AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § This Agreement is made and entered into by and between CITY OF BEAUMONT, and the Southeast Texas Flood Control District, a local government corporation organized under the laws of the State of Texas (the "District'), together collectively referred to as the "Parties". RECITALS: The Parties desire to enter this Agreement to create and memorialize a Data Plan pursuant to the Cooperative Research and Development Agreement ("CRADA") attached to this Agreement; and FOR GOOD AND VALUABLE CONSIDERATION of the mutual covenants, agreements, and benefits to the Parties, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Purpose The purpose of this Agreement is to lay out the specific data requirements the Local Collaborators agree to meet under the CRADA. II. Data Plan A. Servers. Each Local Collaborator agrees that its sensors will be hosted by one of the two local servers available: 1. htto://www.setexasrain.org/ administered by the Sabine River Authority ("SRA") will also host all sensors in Jasper, Liberty, Newton, Orange, and Tyler counties. EXHIBIT "B" 2. his://dd6.onerain.com/ administered by the Jefferson County Drainage District No. 6. ("DD6") will also host all sensors in Chambers, Hardin, and Jefferson counties. The individual entities (deployers) acquiring, installing, and maintaining the sensors will coordinate with its corresponding host local server about whether the Local Collaborator would like a separate map view of only their sensors or would like their sensors to be displayed together with other Intellisense sensors on the site. All sensors will also be displayed on an overall map of the region for each local server. B. Data bridge. DD6 and the SRA will discuss and coordinate how they will share all sensor information from each local server and display it on each site. The Parties agree that only DD6 will be able to edit the local server site it administers and that the SRA will be able to edit the local serve site it administers. C. Data displayed. DD6 and the SRA agree that location and stage data will be displayed publicly on the local servers. The Parties further agree that any camera images may contain personally identifiable data, so access to camera images, if any, will be limited to the local server host with a user login. D. Data transmission. Local Collaborators will discuss and coordinate with the administrator of their corresponding local servers about transmitting data to the Onerain(Contrail)cloud site and then to the corresponding local server or to transmit the data first through Intellisense before transmitting the stage information to the Onerain (Contrail) cloud site, and then to the local server. The Parties understand that transmission of photographs to the Onerain cloud site will entail an annual cost per sensor. If the Local Collaborator chooses to transmit the data (including photographs) first through Intellisense, and if the Local Collaborator does not pay the annual fee per sensor to Onerain,the Local Collaborator must make arrangements to obtain photos from Intellisense.. The Local Collaborator may choose to only have camera images for select sites. The Parties understand that cameras are not required to be attached to the units. E. Data frequency.The Parties understand that two options for data frequency exist--either once per hour or once every 15 minutes. The Parties further understand that each unit has a threshold level where a transmission takes place. Local Collaborators may customize data frequency based on the various sensor applications and needs. [ACKNOWLEDGMENT PAGE FOLLOWS] SOUTHEAST TEXAS FLOOD CITY OF BEAUMONT CONTROL DISTRICT,LGC By: By: FRED JACKSON KYLE HAYES PRESIDENT CITY MANAGER Date: Date: 5 August 17, 2021 Authorize the City Manager to sign a Memorandum of Understanding with ExxonMobil Oil Corporation related to the installation of one flood sensor along the Neches River on ExxonMobil property BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: August 17, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to sign a Memorandum of Understanding with ExxonMobil Oil Corporation (ExxonMobit) related to the installation of one(1) flood sensor along the Neches River on ExxonMobil property. BACKGROUND The Department of Homeland Security (DHS) is collaborating with Intellisense Systems, Incorporated(Intellisense) for the testing and evaluation of flood sensors developed by Intellisense under a DHS contract. The DHS will use the data resulting from this testing and evaluation activity to assess the functionality of the flood sensors for commercial viability,durability, and research. On June 14, 2021, the SETxFCD signed the Cooperative Research and Development Agreement (CRADA), along with Intellisense and DHS, stating that the DHS will be providing 125 flood sensors to the SETxFCD for a 120-month testing and evaluation activity. The 120-month period will consist of a 36-month technical evaluation and an 84-month durability evaluation. Upon the completion of the 120-month testing and evaluation,the DHS will collaborate with the SETxFCD on the future of the flood sensors. The City has been allotted 33 flood sensors to use in various parts of the city. Under this MOU both parties agree to the installation of(1) flood sensor along the Neches River, on ExxonMobil property. This location will be beneficial to both the City and ExxonMobil to gather data on the water level of the Neches River during natural disasters and other events. ExxonMobil will be providing the costs of material to install the sensor and will inspect the sensor on a quarterly basis. The data from the sensor will be hosted on DD6's website for public access. FUNDING SOURCE. Not applicable. RECOMMENDATION Approval of the 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 execute a Memorandum of Understanding between the City of Beaumont and ExxonMobil Oil Corporation relating to the installation of one (1) flood sensor along the Neches River on ExxonMobil property. The Memorandum of Understanding 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 17th day of August, 2021. - Mayor Robin Mouton - BEAUM©NT TEXAS MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("Memorandum"), dated August , 2021, sets forth certain nonbinding understandings between EXXONMOBIL OIL CORPORATION,a New York corporation(hereinafter called "PERMITOR") and the City of Beaumont, a home rule city of the State of Texas acting by and through its duly authorized Agent (hereinafter called "PERMITEE"),wimesseth: PERMITEE and the PERMITOR have reached an understanding wherein the PERMITOR authorizes the PERMITEE to occupy, on a non-exclusive basis, the following locations for the installment of one(1) Low-Cost Flood Sensor("LCFS"): 1. On PERMITOR property, along the Neches River, in TRACT 8 EXXON MOBIL - (Exhibits Al &A2) This Memorandum is not intended to constitute a legally binding or enforceable agreement or commitment on either party and the understandings between the parties are fully listed and stated below: 1. The PERMITOR will allow the PERMITEE to have one (1) LCFS installed on PERMITOR property at no additional cost to the PERMITEE. 2. The PERMITEE will provide the LCFS unit to the PERMITOR for installation. 3. The PERMITOR will provide all pertinent material needed for the installation of the LCFS at no additional cost to the PERMITEE and on an as-is basis with no warranties. 4. The PERMITOR will install the LCFS at no additional cost to the PERMITEE and on an as-is basis with no warranties. 5. The PERMITEE will retain ownership of the LCFS. 6. The PERMITOR will handle the maintenance and quarterly inspections of the LCFS at no additional cost to the PERMITEE and on an as-is basis with no warranties. 7. The PERMITOR will supply inspection findings to the PERMITEE. 8. The PERMITOR will notify the PERMITEE if any work being performed by the PERMITOR requires the removal of the LCFS; no prior notification will be required in the event of PERMITOR's emergency response efforts. Pagc I of3 EXHIBIT "A" 9. PERMITEE hereby voluntarily releases and forever discharges PERMITOR(as well as its related entities and officers/directors/employees) from any and all claims, demands, or causes of action which are in any way related to, arising out of, or connected with this Memorandum. 10.The provisions of this Memorandum are intended for PERMITOR and PERMITEE and are not intended to and do not create rights in any person or confer upon any other person any benefits, rights or remedies, and no person is or is intended to be a third party beneficiary of any of the provisions of this Memorandum. IT IS FURTHER AGREED THAT ALL TERMS AND CONDITIONS OF UNDERSTANDING ARE FULLY STATED HEREIN AND NO VERBAL AGREEMENTS ARE AUTHORIZED. This Memorandum is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less than thirty (30)days prior to the termination date, therein specified. This Memorandum is neither assignable nor transferable except in conjunction with, and as part of, PERMITOR's conveyance of all the abutting property this agreement serves, through probate or warranty deed or lease. In any such event, PERMITEE shall be notified of such occurrence by being delivered a copy of the document or documents conveying or leasing the same. Any notice to PERMITEE shall be sufficient if it is mailed or hand delivered to the Office of the City Engineer,City of Beaumont,P.O.Box 3827,801 Main Street,Beaumont,Texas 77701. Any notice to PERMITOR or their successors shall be sufficient if mailed or hand delivered to ExxonMobil Oil Corporation, 1795 Burt Street,Beaumont,Texas 77701. [Signature Page Follows] Page 2 of3 EXXONMOBIL 0H, CORPORATION WITNESS OUR HANDS effective this day of 2021. David Gorsich ExxonMobil Beaumont SHE Manager ExxonMobil Oil Corporation ATTEST: By: Printed Name: Title: CITY OF BEAUMONT WITNESS OUR HANDS effective this day of 2021. Kyle Hayes City Manager City of Beaumont ATTEST: Tina Broussard City Clerk City of Beaumont Page 3 of3 EXHIBIT NECHES RIVER Exxon�.lcbil , i y `� S4\ oo 6 August 17, 2021 Authorize the City Manager to execute Change Order No. 3, to the contract with King Solutions Services, LLC for the Pipe Bursting Work Order Contract-Phase III Project BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: August 17, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 3,to the contract with King Solutions Services, LLC for the Pipe Bursting Work Order Contract—Phase III Project. BACKGROUND On June 2, 2020, by Resolution 20-113, City Council awarded a contract to King Solutions Services, LLC, of Houston, in the amount of$1,833,508.00 for the Pipe Bursting Work Order Contract—Phase III Project. Previous Change Order Nos. 1-2, in the amount of$40,152.00, are attached for your review. Proposed Change Order No. 3,in the amount of($2,772.00),is required to add quantities to seven (7) existing bid items and to delete quantities from three (3) existing bid items. These changes are needed in order to accommodate for unforeseen field conditions when creating Work Order No. 3. A total of 123 calendar days will be added to the contract due to inclement weather days, system surcharging, and project coordination. If approved, Change Order No. 3, will result in a new contract amount of$1,870,888.00 with 523 calendar days to complete the project making the new estimated substantial completion date January 8,2022. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 21-027 WHEREAS, on June 2, 2020, the City Council of the City of Beaumont, Texas passed Resolution No. 20-113 awarding a contract in the amount of $1,833,508.00 to King Solutions Services, LLC, of Houston, Texas, for the Pipe Bursting Work Order Contract—Phase III Project; and, WHEREAS, on December 2, 2020, the City Manager executed Change Order No. 1, in the amount of $0.00, for furnishing and installing an end of line cleanout, thereby having no effect on the total contract amount of$1,833,508.00; and, WHEREAS, Change Order No. 2, in the amount of $40,152.00, is required to Increase quantities to six (6) existing bid items and the deletion of two (2) existing bid items, thereby increasing the total contract amount to $1,873,660.00; 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. 2, in the amount of $40,152.00 for additional work described above, thereby increasing the total contract amount to $1,873,660.00 for the.Pipe Bursting Work Order Contract— Phase III Project; and, 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. 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Ture ARCPeNmlertleye AODIUNAIRONDERCONO.1 0 REVINREDCDOONTRAOT TIME ACC[wEC nYr PRBPMMD". �d .ml----�=12020Yr wnn qNe R�re'MXYWWeRq but RRVISVIS 1 pRNRW inrixirnw mnepangrruelwapMee TewMplwrwAaen APPROVEDBYI I ANTE no BYlmuckil e 3 to RnrexAwul gaalmx CITY OF BEA UMONT, TEXAS PIPE BURSTING - PHASE III WORK ORDER CONTRACT-3 BID NO. WU1120-05 C[TY COUNCIL I �gA� aoe aooroa soma '' INDEX OF SHEETS I4V®0.9A9LA10 I ` �•_ IEfEIO 'mly . .... WOXlal61®l IT-111166 l - ' �.J 1tn21laT CW1191m®1�!W I PREPARED BY: Perna evo-TAI Jowl xw ek�m Tan umTnea veawxen v covPaum��w ry - �� J�uTon,o 8°� aru wTv _I rrR Pwca APPROVED BY ' iLE_1i BEAUM©NT cw,udk n -�i— I r r -�+'—x o or vowm WAMRUJ]LI M I - 1ND TRw01A0Y � 13501.INGHAYFO..BPAUMONI;TF ITM - -' (IWM6JI8H-PAX � \^,�.` - JULY 2021 TO I P A A i Q'tIUH'J DI 2i�13d�. ! 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Pi3daN.� H F vo 'ss—� bb ah I I I I " I I $ 0 a.121 H Pl3dOHZl I H 9 is cr a�Oct ozP% I of Irl I °°Pnl ° au iS o e I I ,. P.-� __ �i A �i I I v 1ST 9NnBI I 0 i_ 6 � aau,91C a 90L6 ■� P a �� .9 _ro�C°� c � BrmgoH P° 'pY ©oary w I u ��fddu.e �% 3AV UNtl 01H I 93 4�9 F 1.91 9 ��� III yyy lad p�Tl @@ ae I — d F s d A �ol�oal CRY OF BURSTING-PHTE7WB �j Plff BURSTING-PHASE III WORK ORDER CONTRACT-9 BID NO.WU1120-05 eunud V. a L F.E. Y Cltt P'GINEER RESOLUTION NO. WHEREAS, on June 2, 2020, the City Council of the City of Beaumont, Texas passed Resolution No. 20-113 awarding a contract in the amount of $1,833,508.00 to King Solutions Services, LLC, of Houston, Texas, for the Pipe Bursting Work Order Contract— Phase III Project; and, WHEREAS, on December 2, 2020, the City Manager executed Change Order No. 1, in the amount of $0.00, for furnishing and installing an end of line cleanout, thereby having no effect on the total contract amount of $1,833,508.00, and, WHEREAS, on February 9, 2021, the City Council of the City of Beaumont, Texas passed Resolution No. 21-027 authorizing the City Manager to execute Change Order No. 2, in the amount of$40,152.00, to increase quantities to six (6) existing bid items and for the deletion of two (2) existing bid items, thereby increasing the total contract amount to $1,873,660.00; and, WHEREAS, Change Order No. 3, in the amount of ($2,772.00), is required to increase quantities to seven (7) existing bid items and to delete quantities from three (3) existing bid items, thereby decreasing the total contract amount to $1,870,888.00; 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. 2, in the amount of ($2,772.00) to increase quantities to seven (7) existing bid items and to delete quantities from three (3) existing bid items, thereby decreasing the total contract amount to $1,870,888.00 for the Pipe Bursting Work Order Contract— Phase III Project. 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 17th day of August, 2021. - Mayor Robin Mouton - August 17, 2021 Authorize the settlement of the claim of Enterprise Rent-A-Car BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: August 17, 2021 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Enterprise Rent-A-Car. BACKGROUND This matter was presented and discussed in Executive Session held on August 10, 202L The City Attorney is requesting authority to settle this claim in the amount of$10,767.75. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the claim of Enterprise Rent-A-Car was discussed in Executive Session properly called and held on Tuesday, August 10, 2021, and, WHEREAS, the City Attorney is requesting authority to settle this claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Attorney be, and is hereby, authorized to settle the claim of Enterprise Rent-A-Car for the sum of Ten Thousand Seven Hundred Sixty-Seven and 75/100 Dollars ($10,767.75); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the claim. 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 17th day of August, 2021. - Mayor Robin Mouton - 8 August 17, 2021 Consider approving the purchase of a high water vehicle for use in the Fire Department BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: August 17, 2021 REQUESTED ACTION: Council consider a resolution approving the purchase of a high water vehicle for use in the Fire Department. BACKGROUND The Acela high water rescue vehicle will be purchased from General Truck Body Mfg. Company, of Houston, in the amount of$185,019.00.The new unit will be an addition to the current fleet under Fire Operations and the second high water vehicle they will have if approved. This will be used for the rescue of citizens in the event of rising waters. This is a non-budgeted purchase. Pricing was obtained through the GoodBuy contract, a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. GoodBuy complies with State of Texas' procurement statutes. Manufacturer's warranty is twelve(12) months. Quote is attached. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. * * * Custom Division Date: Wednesday,August 11,2021 GE�ERA� 6901 Also— TX77 Guam Number:bar: 3 cG Haustan,TX]]till Revision: D TRUCK BODY MFG COMPANY (Orace) 713.923.7338 Customer: Beaumont FimlReewe Services * runs * (Fax) 713.9237515 Attn: Chief Ead White Location: 400 Walnut St Beaumont,Texas 77701 PHONE# 409-880-3905 Product Description GTY PRICE Good Buy Co-Op Contract Number Contract Number.218F000 'Area Montana 4X4 Chassis Cab Deep Water Fording Kit(Up to 50 inches of water) GVWR 23,600lbs,Package(04 SWB). High Speed Dealing(Top Speed 74 MPH) Catepillar(C713126)TurboCharged Diesel Engine Allison]Speed Transmission Dual Voltage,12124VDC,Central Power Distribution Panel 100 AMP Alternator,12124V 8 24V Starter,Both Waterproof 'Differentials and CTIS Vents are Booklet 'Shut-Off Switch for Transmission and Engine Cooling Fans,Water Monterra 4X4 Chassis Fording Mode 1 $127,227.00 'Central Tire Inflation System(CTIS) 'Center Passenger Seat 'Air Ride(Driver 8 Passenger)Seats 'Air Conditioning 8 Heat Front license plate bracket. Power Heated Mirrors. 'Roof Bow Kit,Bows,Rails,Cross Pipes,Painted. 12-Fool Bed,Rails,Seating,Ladder,Painted. Safety-Style Cab Entry Steps 'Whelan Freedom II Emergency Strobe Ligonier (RedM4lite) '(1)Heavy Duty"Level Ride"Tuck-Away Lift Gate 'Knurled Aluminum Platform,Dimensions'.L60'X W84' 24V Wiring,All Electrical and Hydraulic Lines are Water Tight and Contained in the Forward Portion of the Apparatus. Tuck-Al-Way Lift Gate '(4)Pull Pins,(2)Hydraulic Disconnects,and(1)Electrical Disconnect 1 $10,012.00 Aid in the Removable of the Lifigate,in the Event that the Gate Needs to be Removed from the Apparatus. '(2)Removable Safety Handrails holsters,Install on the Lingua Platform. (1)on the Driver,(1)on the Passenger Side.Stow Position is in Holsters Located on the Operators Deck Hydraulic Pump Relocation Relocate the Litigate's Hydraulic Power Plant to the exterior Bulkhead of 1 $250.00 the Apostates Cargo body. 'Custom fitted rear operators deck W allow proper housing of lift gate,this will also act as a pladoml for all operators on the apparatus. *Install(2)removable safety hand rails with kickplate,that insert into rear Extended Operator DeckB Extended Handrail operators deck for apparatus rear safety protection and passenger See Description $2,025.00 stability.The handrails will also be transferable from the rear operators 1 of deck to the lift gate,where holsters vdll be on each side for hand mil positioning,and passenger stability. (4)Knuded grab rails will be mounted to the slide ladders steel frame to LED Knurled Grab Rail provide additional hand support for entrylexit.(2)0n the driver side,and 4 $420.00 (2)on the passenger side. Cargo Cover '(1)Custom cargo covet color to the customers specifications(2) 1 $3,215.00 Emergency exits,roof markings I LD.). DOT Lighting DOT Iightng will be installed throughout M clu e apparatus and wall inde See Description $295.00 Stop,Turn,Tail,with Reverse Lighting. Protective coating(Color TBD by Department)will be applied to the floor Protective Coating and bulkhead of the cargo body's interior. NIA $3,100.00 Protective Coating(Color to match floor and bulkhead In cargo body)will be applied to the top side of the extended operators deck. Closed Cell roam Fill all liftgate commands with dosed cell foam to prevent water train NIA $210.00 entering the lift gate's internals. Weather Resistant,High-Tone Back Up I Reverse Alarm with Speakerwill Back Up Alarm be installed at the rear of the unit and be actuated when the vehicle is 1 $498.00 switched into reverse. Paint(BLACK)wil also be applied to the underbody of the extended operators deck,and lift gate mounting brackets and required hardware. Paint The cab and cargo body and side panels will undergo a complete color NIA $8,345.00 change to the Departments specifications(Pierce Red).The safety handreails will be painted OSHA yellow. A decal package will be accounted for on this apparatus.Decals will consist of Department ID on driver and passenger entry door,Department Decal name,stripe,and'righ Water Rescue"ID will be positioned on the driver See Description $3,534.00 and passenger side of the cargo body,and the rear Irtgate,slide ladders and ladder frames will be chevmned win yellow and red 3M material.The safety handrails will be chevroned on their respective kick plate. A total of four side panels will be installed on the cargo body of the apparatus.Two on the driver side and two on the passenger side.The Side Panels purpose ofthe side panels is to ensure the safety of the passengers 4 $1,383.00 inside the cargo body,along with porviding a good footprint for Department decals.Side panels will be painted to match the body color. Positioned throughout the apparatus will be high entinsity LED scene light bars.A total of four scene lights will the installed,One 12 inch light will be positioned on the dnverside at the highest point of the cargo body, another 12 inch light will he positioned on the passenger side at the See Description $1,432.00 Scene Lights highest point of the cargo body finality two high intensity led light bars wit be positioned on the rear of the apparatus.One led light will be installed on the highest point of the driver side ladder frame,and one led light will be installed on the highest point of me passenger side ladder frame Six Whelan Emergency lights will be positioned throughout the apparatus. Two on the driver dominate side(one on cab and one on cargo body). Two on the passenger dominate side(one on cab and one on cargo Emergency Lights body).Finally,two will be positioned on the rear of the unit(one on the See Description $1,963.00 base of the ladder frame on the driver side,and one on the base of the frame on the passenger side).All lighting will be RED.The interface controls will be positioned in the cab easily accessible by both the driver and operator. 2 of [.01'9:.bnody ed per the sped6ction of the end user,a total of 74 small flush Cargo Body Tie Downs d tl-ring style securtnent latches will be installed in the Aoor of the 14 $840.00 . Labor&Overhead $19,570.00 Sub-Total $185,019.00 CONTACT CHRIS MAIKRANZOR JIM BRADEN.(PHONE:71103b1877) The price quoted above does not include local,slate,or federal sales tax. Delivery as noted,F.O.B.Our Plant,6901 Avenue V.Houston,TX 77011 This proposal is hereby accepted at the pnces and upon the terms and conditions named heden. Unit is quoted to GTB standard construction materials and manufacturing practices. Chns Marini Jim Baden BUYER GTB 3 of RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of an Acela high water rescue vehicle for use by the Fire Department from General Truck Body Mfg. Company, of Houston, Texas, in the amount of $185,019.00 through the GoodBuy 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 17th day of August, 2021. - Mayor Robin Mouton - PUBLIC HEARING * Receive comments on a determination of the Public Health Director that public health nuisances exist on the property owned by Ian Culbertson at 8465 Frazier Drive 9 August 17, 2021 Consider a resolution finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property owned by Ian Culbertson at 8465 Frazier Drive BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kenneth Coleman, Public Health Director MEETING DATE: August 17, 2021 REQUESTED ACTION: Council consider holding a public hearing and then consider a resolution finding and ratifying the determination of the Public health Director that public health nuisances exist on the property owned by Ian Culbertson at 8465 Frazier Drive. BACKGROUND According to Beaumont's Code of Ordinances, Chapter 10 Health and Sanitation, Sec 10.01.001 a nuisance is defined as whatever is dangerous to human life or welfare or whatever renders the ground, the water, the air or food a hazard or injury to human health is hereby declared to be a nuisance. The City's Code of Ordinances further states in Chapter 12 Offenses &Nuisances Section 12.07.033 that a person who owns or occupies property commits an offense if that person allows litter to accumulate on that person's property. The Legal description and violations of this property are: • 8465 Frazier Drive, FRAZIER Place L19 Rodent Harborage Chapter 10 Health &Sanitation, Article 10.04, Section 10.04.001 & Section 10.04.003 Excessive Litter Chapter 12 & Nuisances, Article 12.07, Section 12,07.002 Weeds Chapter 10 Health& Sanitation, Article 10.06, Section 10.06.001 If the property owners fail to comply within ten (10) days, staff is requesting the authorization of City Council to clean the property and/or authorize the City Attorney to seek legal action to have the nuisance abated. FUNDING SOURCE General Fund—Public Health. RECOMMENDATION Approval of the resolution. izoz Isngnd 3DNesinN Hllb'3H DIl9fld 8465 Frazier Drive Violations: Excessive Litter Rodent Harborage Violation of Weed Ordinance � \���ƒ y� �: *� 0 V y�% /%«§y\�\� > � � � �x§�� ��� \\\� \ \�:\ /\\ ���\\�� (� /\\\ �/\ y « 2 . ? « ` ? : » \ . � \ � m. > . - ��� , m »« a �v , .. . � . . : - �° : »« ^ � � � \ \��� �� d�\ � — � ._ .� �: . f \��` ° � �§ � > > &� ��� . j � �3/ ° d ` ��/�� ® � � \ � � . � � � � � y r > r � . . \ % . � � ��\�� 9 Yy �, ee y ` � �� � h 4 4 .,r vW _ d ipt Fes.,r Qs, i=� '' ,Pr � ( �;.. . \' ,. .f a - ter. a. J � c • 11 • +F I it N F f 1 1 °II>iiiiil�l 11°IIIil�i ��ari i°f ORDINANCE NO. ENTITLED AN ORDINANCE FINDING CERTAIN PROPERTIES TO BE A PUBLIC HEALTH NUISANCE AND ORDERING ABATEMENT; AUTHORIZING CLEANUP, AUTHORIZING SUIT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the City Council of the City of Beaumont hereby finds and declares the property located at: 8465 Frazier Drive FRAZIER Place L19 Owned by Ian Culbertson to be a public health nuisance in that said property is in violation of Chapter 10, Article 10.04, Section 10.04.001 & Section 10.04.003; Chapter 10, Article 10.06, Section 10.06.001; and, Chapter 12, Article 12.07, Section 12.07.002 of the Code of Ordinances of the City of Beaumont and is for want of retrieval and allowance of the accumulation of trash, litter, debris, weeds, and water in an unsafe and unsanitary condition so as to allow for the breeding and proliferation of infectious mosquitoes and rats, or otherwise likely to endanger the health, safety or general welfare of the citizens of the City. Section 2. In accordance with Chapter 10, Articles 10.04 and 10.06 and Chapter 12, Article 12.07 of the Code of Ordinances of Beaumont, Texas, it is hereby ordered that the owner of the following described property cut weeds where necessary, retrieve and remove all litter, trash, or debris which may become the harborage for rats or any standing or stagnant water that may became the breeding place for mosquitoes within ten (10) days of the effective date of this ordinance. If the property owner fail(s) to comply within ten (10) days, Council orders that the property be cleaned at the owner's expense without further notification to the property owners or City Council action.A lien will be placed against the property as an assessment of expenses incurred for the work performed. Section 3. That the City Attorney is hereby authorized to file and prosecute a lawsuit against the owner to compel compliance with the City's Health and Safety Codes. Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. 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 this the 17th day of August, 2021. - Mayor Robin Mouton - DISCUSSION ITEM 10. Review and discuss various building codes adopted by the City Council and the permitting and inspection process