Ordinance No. 14,750ORDINANCE NO. 14,750
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN EXTENSION OF
THE AGREEMENT FOR EMERGENCY PROTECTION SERVICES WITH
CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 1; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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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
and directs the City Manager and City Clerk of the City of Baytown to execute and attest to an
Extension of the Agreement for Emergency Protection Services with Chambers County
Improvement District No. 1. A copy of said extension is attached hereto, marked 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 241h day of June, 2021.
HEATHER BETA COURTH, Mayor Pro Tern
ATTEST:
APPROVED AS TO FORM:
L. HORNER, City Attorney
RAKaren Horne6l)ocuments\Files City Council Ordinances\202 I Vune24 CCID I Renewal.doc
Exhibit "A"
EXTENSION OF THE AGREEMENT FOR EMERGENCY PROTECTION
SERVICES
STATE OF TEXAS
COUNTY OF HARRIS
This EXTENSION AGREEMENT is made, entered into and effective as of the 131 day of July,
2021, by and between the CITY OF BAYTOWN, Texas, a municipal corporation located in Harris County
and Chambers County, Texas (the "CITY'), and Chambers County Improvement District No. 1, (the
"DISTRICT'), having a territory and facilities in Chambers County, Texas.
WHEREAS, the City Council approved the Agreement for Emergency Protection Services between
the CITY and the DISTRICT on October 8, 2015, for the CITY to provide emergency support and backup
protection to the DISTRICT's territory and facilities therein (the "Agreement"); and
WHEREAS, the Agreement will expire July 31, 2021; and
WHEREAS, the CITY and the District desire to extend the Agreement for a one-year period in
order to continue the development of a payment structure to recoup costs expended for fire and emergency
medical services within the DISTRICT;
NOW THEREFORE, in consideration of the promises and of the mutual covenants and agreements
herein contained, the CITY and the DISTRICT agree as follows:
1. That the CITY and the DISTRICT agree to extend the term of the Agreement for Emergency
Protection Services, which is attached hereto as Exhibit "A" and incorporated herein for all intents
and purposes, until June 30, 2022, under the same terms.
2. It is agreed and understood that the DISTRICT is responsible for the safety of its personnel and
persons performing emergency services for fire, chemical and medical emergencies at the Territory.
3. In the event of any ambiguity in any of the terms of this Extension Agreement, it shall not be
construed for or against any party hereto on the basis that such party did or did not author the same.
4. This Extension Agreement shall in all respects be interpreted and construed in accordance with and
governed by the laws of the State of Texas, regardless of the place of its execution or performance.
The place of making and the place of performance for all purposes shall be Baytown, Harris County,
Texas.
5. This Extension Agreement shall bind and benefit the CITY and the DISTRICT and shall not bestow
any rights upon any third parties.
6. This Extension Agreement contains all the agreements of the parties relating to the subject matter
hereof and is the full and final expression of the agreement between the parties. This Agreement
shall not be amended or modified without the express written consent of both parties hereto.
7. The officers executing this Extension Agreement on behalf of the parties hereby represent that such
officers have full authority to execute this Extension Agreement and to bind the party he/she
represents.
IN WITNESS WHEREOF, the parties have executed this Extension Agreement as of the date first
set forth above in multiple copies, each of which shall be deemed to be an original, but all of which shall
constitute but one and the same agreement.
Extension Agreement. Page 1
ATTEST:
Signature
Craig Cavalier
Printed Name f
Secretary, Board of Directors
Title
ATTEST:
ANGELA 7ACKSON
Interim City Clerk
APPROVED AS TO FORM:
KAREN L. HORNER
City Attorney
CHAMBERS COUNTY
IMPROYEMENT 0.1
Authorized Agent's Signature
William F. Scott
Authorized Agent's Printed Name
President, Board of Directors
Authorized Agent's Title
CITY OF BAYTOWN
RICHARD L. DAVIS
City Manager
R:\xaren Homai\Documents\Files\Contracic\Fire protection AgreemenAthambers County Improvement DiMot No. I\CCWNlBxteneionAgreement2021.docx
Extension AweeMent, Page 2
EXHIBIT W
AGREEMENT FOR EMERGENCY PROTECTION SERVICES
STATE OF TEXAS § ;
COUNTY OF HARRIS
THIS AGREEMENT is made, entered into and effective as of the 3e day of October,
2015, by and between the.GITY OF BAYTOWN,.Texas, a municipal' corporation located in
Harris County and Chambers County, Texas (the. "CITY'), and Chambers County Improvement
District No. 1, (the. "DISTRICT"), having a territory and facilities in Chambers County, Texas;
and . . . . .
WHEREAS, the CITY will'provide fire fighting suppgrt and backup *protection to the
DISTRICT's territory and facilities therein, but shall not be obligated to purchase any additional
equipment .or . build 'any additional facilities in order to provide such support and -backup
prgtection,'It.being the intent of the'parties•that the level of Orotection be that which was bbfng
provided by the CITY as of the date of said Agreement, October 29, 2015; and
. WHEREAS the DISTRICT's territory. Includes real and personal property used in the'
logistics, warehousing, distribution, manufacturing, refining and chemical manufacturing,
research; support, and office facilities used. in direct support of these operations situated either•
contiguous thereto or separated' liy roads, which territory is more specifically identified in
Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes
(hereinafter referred to as the "Territory"); and
WHEREAS, the DISTRICT desires the CITY to provide fire fighting and rescue services
to the Territory in support 6f which the DISTRICT shall make certain payments to the CITY to
enable the CITY's Fire Department to improve fire fighting and rescue response capabilities; and
NOW THEREFORE, in consideration df the promises and of the mutual'covenants and
.agreements herein contained, the CITY and the DISTRICT agree as follows:
l . The CITY will' respond, at the request of the DISTRICT or landowners and tenants in the
DISTRICT, with emergency services for fire, chemical and, medical emergencies at the
Territory which esc&late above the incipient or internal response oipability' of the
personnel of the landowners and tenants within the Territory, which services will be
provided with reasonable promptness to the extent the equipment, facilities, personnel,
training and other resources available to the CITY will, from time to time, permit.
• 2. The CITY represents that Exhibit "B f" attached hereto Is, to the best of its knowledge and
belies; a complete listing of the CITY'§ fire and chemical protection equipment, facilities,
materials, training, personnel and other emergency response resources, which, as of the
effective date of this Agreement, may be utllized •fur response in the event of an
emergency within the Territory as described heroin. Upon the written request of the
DISTRICT is described hereinbelow, the CITY shall amend Exhibit `B" annually to
reflect all such resources which have been acquired and/or retired during. the CITY's
prior fiscal year, Irrespective of the sourde of such resources. The CITY shall prepare.
Agreement for Emereenov Protection Services. Page i
C
this amended- Exhibit "B" .within thirty (30) • days after the DISTRICT makes a written
request therefor.
3. The CITY's Rules and Regulations for Baytown Fire and Rescue Services and ;
Operations Manual ("Standard Operating Procedtires") governing' the response to the
various emergencies, in conjunction with the availability of resources, shall dictate the .
Cf] Y's• initial response' to emergbnoy -situations reported by the DISTRICT to the CITY.
The Chief of the CITY's Fire Department or the senior Fire Officer on the scene, i.e., the
Incident Commander, shall, with the assistance and cooperation of plant/facility officials
within the Territory and•analys'is of the stand-by resources.required, determine the level
of additional CITY, Mutual Aid Mont Belvieu ("MAMB"), Channel Industries Mutual • '
Aid ("CIIVIA") and/or other'outside response required.
4. In additidn. to the obligation of the DISTRICT, its landowners or tenants- to pay all
reimbursable expenses required herein, the DISTRICT shall make annual payments to the
CITY during the term or terms of this •Agieement,'as provided in this Paragraph.
For the services required to be. rendered herein, 'the DISTRICT shall pay quarterly'
payments equal to the folloWing based upon the fair market 'value of all of the land and
all other tangible property, real, personal or mixed; within- the DISTRICT'S territory as
most recbntly certified by the chief appraiser of the Chambers County Appraisal District:
> $ 1000 060
to '
' <$io 000 000
$ 2,506
> $10 000;o0o
to
5$S%000'000
$ i6000
>' $ 30 000 000
to
< $100 000 j000
$ 15,000
> $' 100 000,000
to
< $ 200,000,000
$25 000
$25,000
> $200,000,000 •
to
5 $ 400,000,000
or
(Actual Market Value x .04%)/.4
whichever Is greater
$40,000 .
>$ 400,000,000
to
•<$ 800,000,000
or
(Actual Market Value x•.03%)!4•
whichever Is grgater
$60,000 '
>$ 800,000,000
to
< $1;200,000,000
oi
(Actual Market Value x .025%)/4
whichever Is eater .
.$7S,000.
>$1,200,000;000
to..
c $3,000,000,000
or
(Actual Market Value x .02%)/4
whichever Is Preater
$150,000.
>$3,000,000,000
to
5$5,000,000,000
or.
(Actual Market Value x .015%)!4 .
whichever is greater
$187,500
45,000,000,000 ,
or
(Actual Market Value x .01 %)/4
whichever Is greater
AgMement for Emergenox Protection Services, Page 2
The parties agree that to determine the fair market value of all of the land, -Improvements,
and tangible -property located within .the- DISTRICT'S territory in accordance with the
market value computation contemplated in the Texas Property Tax Code for the purpose
of'calculating'the DISTRICT's -payment in the manner described above. The calculation
of fair market value shall:
a•: be made without reference to the exemption for pollution control property. -
in Section 11.31, Texaq Property • Code, and 'Article VIII, Section 1-1,•
Texas Constitution, as• the same * presently exist or may hereinafter be
amended, using the fair market value of pollution cbatrol equipment as
-.certified by -the Chambers County Appraisal District. '
b. nqt be.'limited to. only properties for which a -rental market exists if the
income method of appraisal as described in Section 23.012 of tha Texas
Property Tait Code is used, instead• if.such method is used, the chief
appraiser shall:
(1) use jncoriie and expense data pertaining -to the property, if possible .
and applicable;
(2) make any projections of future income and Expenses only from .
oloar and appropriate evidence; ;
(3) use data -from generally aecepied.sources in determining an
appropriate capitalizatiodrate; arid
(4) 'determine a capitalization'rate for Income -producing property that
Inbludes a reasbnable return on invgstrnent; taking into account the
risk-associated'with the investment.
c.. be calculated without reference to any new tax exemption or any increase
in an existing tax -Exemption enacted after•Januaty 1, 2015. .
The griarterly-payments for each Contract Year will be -due on the first (1st) day of April,
July, October, and January of such Contract Year. Failure of the DISTRICT to make
payments In a. timely marmar will be considered a material breach of this Agreement and
will result in interest In the amount of IVo, per month being accessed on all.delinquent
amounts.' Additionally' for. such.a••material breach, the CITY, irr Its We•diseretion, shall
have the rI'ght,*brlt•not the obligation, (1) to suspend services until the DISTRICT makes
payment in full or (ii) to. terminate tlils Agreement. In the event of suspension or.
termination, the CITY shall provide'the DISTRICT written notice of the same.
5. The DISTRICT agrees that in receiving assistance from Ilia CTTy'•or other MAMB or
CH -AA members, the DISTRICT shall replace material used, and -shall repair or -replace
equipment lost or damaged in the control of a fire or emergency situation within the
Territory, in cash based on qurrent replacement cost or in kind; in the'samo manner as.
specified in Section 2.6 of the C.U%4A Bylaws'adopted August 18, 2004, or Article TV-- '
VI of MAMBE Bylaws, unless otherwise specified herein, which bylaws are -by this
Agreement for Emereencv protection Services. Page 3
reference ' incorporated . herein by this .reference for, all Intents and' purposes.
Reimbursement of damaged or lost equipment is required without regard to the cause or
causes thereof (including damage or loss caused by .preexisting conditions)' or the
negligence of any party or parties, including, but not limited to'the owner, the operator,
the CITY and any CIMA member or MAMB member, as well as their respective officers,
..agents or employees, whether such negligence be sole,.joint or concurrent active'or
passive. Material used includes, but is not limited to, fire fighting foam, hazardous
materials containment .or absorbent materials and chemical protective clothing and
equipment. 'Reimbursement of monies expanded is required -without regard to the -cause'
or causes thereof or the negligencb of any party or parties, whether such negligence be.
sole, ,joint, or concurrent, active or passive.
-The obligations in this Paragraph 5 'shall be in addition to and. shell remain in effect
notwithstanding termination of the payments described in Paragraph 4 or the termiiation
of this Agreement. The reimbursements required. pursuant to this. Paragraph 5 shallbe
'due within thirty (30) days. after 'the CITY -renders the services resulting in the
I)ISTRIC.T's obligation to replace material used, and/or to repair or replace equipment
lost or damaged in the control of • a fire or emergency situation within the Territory.
Failure of the DISTRICT to make payments in a timely, manner will be considered a
y material breach of this Agreement and will result in- interest in 'the amount of 1% per
-month being assessed. on all delinquent amounts.: Additionally, for such' a material"
breach, the CITY, in its sole discretion, shall have the right, but not'the• obligation; (1) io
suspend services untii the DISTRICT makes payment .in full or @) to terminate this
Agreement. In the event of suspension or teiYatnation, •the. CITY shall provide the.
DISTRICT written notice'of the same.
'6. The DISTRICT understands and agrees that should the CITY seek assistance from CIMA
or MAMB• for ftre-fighting, re'seue; Hazmat'and/or medical manpower and facilities or
any'other assistance'in an emorgency,situailon within the Territory, the DISTRICT shall
sign a CIMA Non-member Emergency Incident Assistance and Reimbursement and
Indemnification Agreement (the "CRAA Agreement') .dnd any MAMB agreement and
shall abide by the • terms thereof. Should the DISTRICT fail for any reason to sign the -
CIMA Agreement, the DISTRICT shall still be responsible for all •expettses'the CITY
inpurs • in complying _with Section .2.6 of the CIMA Bylaws, passed on December 12;
2012, and with Artiele.V-VI of the MAMB Bylaws. 'The DISTRICT understands and
agrees that all CIMA and/or 1Vj M- reimbursement •cbste incurred by the CITY, for
whatever reason, shall be borne -by the DISTRICT. Should any. bathe provisions of this
Agreement conflict with the term's of the CM Agreement and/or any MAMB
Agreement, irrespective of. whether the DISTRICT signs such agreement, •those
provisions providing the most protection to. the CITY, as determined by the CITY, shall' -
control.
.ALL" PROVISIONS CONCERNING RIBRvMURSEMENT OBLIGATIONS UNDER
THIS 'AGREEMENT SHALL SURVIVE THE TERMINATION OR EXPIRATION
HEREOF.
Agreement for cage= Protection Services, Page 4
T. The term of this Agreement shall continence on the effective date of this Agreement and
shall continue for an Initial term of six (6) years from such date ("Initlal.Term"), unless .
'terminated pursuant to Paragraph 4 or 5 hereinabove. Following the Initial Term, this
Agreement may be renewed for an additional .four-year term upon agreement of the
parties. Each year during the Initial •Term and any successive 'term of this Agreement,
commencing on August 1 -of each year and ending- July 31 of the following year, shall be
deemed a "C•ontract Year" hereunder.
8. The parties understand and agree that the sgspension or termination of this Agreement for
any reason has no effect on any Industrial District Agreement between the CITY; and the
entity lying within the Territory. All such agreements'shall remain in full force and effect
pursuant to its teim and conditions thereof.
9. The parties understand and agree that -this Agreement shall remain In fail force and effect
pursuant to its terms and conditions, throughout the tern or terms hereof; provided,
however, that if: '
(a) • the CITY and/or the DISTRICT are unsuccessful in preventing an annexation or
incorporation by another municipality or
(b) the CITY annexes a portion of the Territory,
the CITY or the DISTRICT may, in its sole discretion, terminate this'Agreeinent only for
•that portion -of the Territory affected by the annexation or'incorporation at any time after
the effective date of such annexation or incorporation. The DISTRICT may terminate
this Agreement on one hundred eighty (180) days notice if it determines, in -good faith,
that the CITY is not providing an adequate level of fire, chemical and medical' emergency
services to the DISTRICT.
10. In the event the terms and conditions of this Agreement are rendered ineffective or that
their effect is changed by the constitution, any Legislative changes, or any interpretation
of Texas law, both parties agree that this Agreement shall be renegotiated to accomplish
the intent and purposes of this Agreement.
I I. 'THE DISTRICT AGREES TO INDEMNIFY AND DEFEND -THE -CITY IN
ACCORDANCE WITH THE INDEMNIFICATION PROVISIONS CONTAINED IN (1)
THE C1MA AGREEMENT, DEFINED IN PARAGRAPH 6, SAID AGREEMENT
BEING ATTACHBD HERETO AND INCORPORATED HEREIN AS E)MIBIT "C"
AND (II)' THE MAMB BYLAWS.
12. The DISTRICT shall procure and maintain at its sole cost and expense for the temi(s) of
the Agreement* insurance against claims for- injuries to -person or damages' to property
which may. arise from or in connection with the performance of the work -hereunder by
the CITY, its agents', representatives, volunteers, employees or subcontractors.
12.1 The DISTRICT's insurance coverage shall be primary insurance with respect to
the CITY, its officials, employees and agents. Any insurance or self-insurance
,Ag[Cament OrEmUgngy_Pmtection Services, Page 5
maintained by the CITY, its officials, empldyees or agents shall be considered in
excess of the DISTRICT's insurance and shall not contribute to it.
12.2 The following is a lint of standard insurance policies along with "their respective .
minimum colgagd amounts required in this Agreement:
a. Commercial General•Liability'
■.' . , General Aggregate: $2,000,000
■ Per Occurrence: $1,000,000
■ Coverage shall be broad forra CGS,.
■ Waiver of subrogation required:
■ No coverage shall be deleted flom "standard policy without
notification of.individual'exclusions being attached for roviow and
• '. acceptance.
b.. Businbss Automobile.Policy
■ Comlrined'SingleLImits: ,$1,000,60P
■ • • • Coverage for "Any Auto"
ii •' Waiver of subrogation required..
12.3 ' The following is applicable to all, policies of insurance required in Paragraph 12.2: '
a. Insurance carrier for all liability. policies must have an A:M. Best Racing
of B+:VIIf dr better,.
b. Only insurance carriers' licensed and admitted to do business •Iit the State
of,Texas will be accepted.
c:. . • Liability'policies musi.be on occurrence form.
d. Each insurance' policy shall be endorsed 'to stafe that coverage shalknot be
'suspended, voided, canceled or reduced in Coverage or'in.,limits'except
after thirty (30) days' prior written notice liy certified mail, return receipt
requested, has been given to the CITY.
e. The CITY, . its officers, agejits and • employees' are to be added 'as
Additional Insureds to all liability goliciess 'If the- DISTRICT chooses to
Self -Insure, the General Liability and Autorhobile. Liability Insurance
requirements of Paragraph 12.2, then. the DISTRICT's extension of
Additional Insured Status to •the CITY, its officers, agents and employees
shall be governed by the applicable Indemnity Agreement in the By-I,aWs
of C1MA Section 2.6.
f. Upon request and without cost to the CITY; certified• copies of all
Insurance policies sn&or certificates of histirance shall be furnished to the
CITY.
Aereemen't for Emergency Protection Services Page 6
g. DISTRICT shall file with the CITY -valid Certificates of. Insurance and
endorsements• acceptable to the . CITY and shall provide updates of the sarne
throughout the term hereof. •
13. A11 notices required to be given hereunder shall be given •iri writing by overnight,. or
facsimile transmission, or by certified or.registered mail at the respective addresses of the
parties set forth herein or'at such other address as may be designated in writing by either
party. Notice given by mail shall be deemed given three days .after the date of mailing.
thereof to the following addresses:
.12ISMELT
Chambers County. Improvement District No. 1
Attn; James D. Bonham
Smith, Murdaugh, Little & Bonham, L.L.P.
2727 Allen Parkway, Suite 1100•
Houston 77019
Fax No. (713) 652.6515
City of Baytown
Attn: City inager
P.O. Box 424 .
Baytown, TX 77522'
Fax No. (281) 420-6586 '
14. It is 'agreed and understood that the DISTRICT is responsible for the safety pf. its
personnel and persons performing emergency services for fire, chemical and medical
emergencies `at the Territory.
15. 'The DISTRICT shall not sell, assign, or transfer any. of its.rights or obligations under this
Agreement in Whole or in part without the prior written consent•of CITY, which consent
shall not be unreasonably withhold.
16. •Notwithstanding anything to the contrary contained in this Agreement, the CITY and the
DISTRICT hereby agree that -no claim or dispute between the CITY and -the DISTRICT
arising out•of or relating to this Agreement shall be decided by any arbitration proceeding . .
including, without limitation, any proceeding under the Federal Arbitration. Act (9 U.S.C.
Sections 1-14), or any applicable State arbitration statute, including, but not limited, to
the' Texas General Arbitration Act, provided that in the event that the CITY Is subjected
to an arbitration proceeding notwithstanding this provision, fhe •DISTRICT consents to be
joined in the -arbitration proceeding if the DISTRICT's.presence is required or requested
by the CITY of complete relief to be recorded in the arbitration proceeding.
17. In the. event. of any ambiguity• in any' of the terms of this Agreement; • it shall not be
construed for or against any party hereto on the basip that such party, did or did not author
the same.
18. This Agreement shall in.all respects be interpreted.and construed in accordance wlth and
governed by the laws of the State of Texas, regardless of the place of its execution or
Agreement for Emergency Protection Services. Pagel
performance. The place of making and the place of performance for all purposes shall be
Baytown, Harris County, Texas.
19. This Agreement shall bind and benefit the CITY and the DISTRICT and shall not bestow
any rights upon any third parties.
20, Failure of either party hereto to insist on the strict performance of any of the agreements
herein or to exercise any rights or remedies accruing thereunder upon default or failure of
performance shall not be considered a waiver of the right to insist on and to enforce, by
an appropriate remedy, strict compliance with any other obligation hereunder or to
exercise any right or remedy occurring as a result of any future default or failure of
performance.
21. This Agreement contains all the agreements of the parties relating to the subject matter
hereof and is the full and final expression of the agreement between the parties. This
Agreement shall not be amended or modified without the express written consent of both
parties hereto.
22. The officers executing this Agreement on behalf of the parties hereby represent that such
officers have full authority to execute this Agreement and to bind the party he/she
represents.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
set forth above in multiple copies, each of which shall be deemed to be an original, but all of
which shall constitute but one and the same Agreement.
CH ERS CO Y
I ICT NO. I
Authorized Agent's Signature
William F. Scott
Authorized Agent's Printed Name
President
Authorized Agent's Title
A ST:
S' t
Craig Cavalier
Printed Name
Secretary
Title
Agreement for Emergengy Protection Services, Page 8
City Clerk
APPROVED AS TO FORM:
di*ACIO RAMMEZ, SR.
City Attorney
CITY OF BAYTOWN
,,a,ow�
RICHARD IS
City Manager
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Agreement for meMongy Protection Services, Page 9