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Ordinance No. 16,317 (Item 9.s.)ORDINANCE NO. 16,317 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN EQUIPMENT DONATIONS AGREEMENT WITH GREATER BAYTOWN LOCAL EMERGENCY PLANNING COMMITTEE FOR THE FIRE DEPARTMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the City Manager to execute and the City Clerk to attest to an Equipment Donations Agreement with Greater Baytown Local Emergency Planning Committee for the Fire Department. A copy of said agreement is attached hereto as Exhibit "A," and incorporated herein for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 131h day of November, 2025. �/ ) L- 2 ARLES JO N, ayor ATTEST: �NN ANGELA CKS"ON, City,C k co j 1 \ \fie of 1-1 Se SCOTT I,EMOND, City Attorney R:\Ordinances and Resolutions\Ordinance Drafts\2025-11-13\9.s. - Ordinance Authorizing Equipment Donations Agreement with Greater Baytown Local Emergency Planning Committee for Fire.docx EXHIBIT "A" Equipment Donation Agreement This Equipment Donation Agreement (this "Agreement") is entered into by and between the Greater Baytown Area Local Emergency Planning Committee ("Donor") and the City of Baytown ("Donee") for use by the Baytown Office of Emergency Management (OEM) and Baytown Fire Department (BFD). The equipment donated in this agreement was purchased by Covestro, LLC in accordance with a U.S. Environmental Protection Agency (EPA) Supplemental Environmental Project (SEP). 1. AGREEMENT: Donor hereby donates, conveys, and transfers to Donee all rights, title, and interest in and to the following equipment acquired by Covestro, LLC as part of an EPA SEP project in 2025 to include the following: a. 2 Accusense Gas Meters b. 1 Autel alpha drone and kit c. 1 Autel EVO drone and kit d. 5 FAA Part 107 and Public Safety COA Courses e. 5 FAA Part 107 Test Exam Fees f. Perry Weather — Weather Station at Emergency Operations Center g. Perry Weather — Weather Station at 911 Communications Center h. Perry Weather — Weather Station at Fire South Command i. 10 Kestrel Fire Weather Meter j. 2 Honda EU700is Portable Inverter Generators k. (collectively the "equipment") 2. DELIVERY AND ACCEPTANCE: By taking possession of the Equipment, with such possession of the Equipment being acceptance of same, Donee acknowledges that the Equipment is in its current order and condition. 3. TAXES, LICENSES, AND FEES: All additional taxes, licenses, and fees for services, maintenance, or subscriptions, if any, and other expenses associated with the donation of equipment shall be paid by Donee. 4. CONDITION OF EQUIPMENT: Donor makes no warranties regarding the condition of the Equipment or the suitability of such Equipment for a particular purpose. The Equipment is donated as new equipment in a "as is- where is" condition. Donor recommends immediate servicing of the Equipment by qualified personnel before any use and to ensure manufacturer warranty. 5. GOVERNING LAW: VENUE: This agreement is executed in Texas, and all rights and liabilities under this Agreement shall be determined in accordance with the laws of Texas. Venue for any legal proceedings shall lie in the Harris County, Texas. EFFECTIVE as of the day of 2025. Donor: Greater Baytown Area LEPC LEPC Chair 3200 N. Main Street Baytown, Texas 77044 Equipment Donation Agreement.vh.docx Donee: City of Baytown, Texas Jason Reynolds, City Manager 2401 Market Street Baytown, TX 77520