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12-08-2025 Agenda (FULL) NEDERLAND CITY COUNCIL AGENDA NOTICE is hereby given of a regular meeting of the Nederland City Council to be held Monday, December 8, 2025, 5:30 p.m., at the Nederland City Hall, 207 North 12th Street, Nederland, Texas, for the purpose of considering the following agenda items. The City Council reserves the right to retire into Executive Session concerning any of the agenda items whenever it is considered necessary and legally justified pursuant to Texas Government Code, Chapter 551. Members of the public can participate remotely via Zoom Teleconferencing. Citizens may join the Zoom Meeting by clicking on the Virtual Council Meeting https link on the City of Nederland’s website or calling the Zoom Call in Number and entering the Meeting ID# on the City of Nederland’s website. The City of Nederland's Council meeting will be live on the city's Facebook page (https://www.facebook.com/CityofNederlandTX) and the city's YouTube Channel (https://www.youtube.com/@CityofNederlandTX). PUBLIC COMMENT ON AGENDA ITEMS. Citizens may provide comments regarding the items listed on the Consent or Regular Agenda. Citizens will address the City Council from the podium after providing their name and address. Comments shall not exceed three minutes. 1. CALL THE MEETING TO ORDER 2. INVOCATION AND PLEDGES OF ALLEGIANCE 3. CITIZEN COMMENTS At this time, members of the audience may comment on any city-related subject not on the agenda. Anyone wishing to speak shall sign in before the meeting with their name and address. Comments are limited to three minutes unless otherwise allowed by City Council. The Texas Open Meetings Act prohibits the Council from discussing items not listed on the agenda. A member of the audience that desires to speak during City Council’s consideration of any specific agenda items is requested to notify City staff prior to the start of the meeting. 4. CONSENT AGENDA – All consent agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a councilmember so requests, in which event the item will be removed from the Consent agenda and considered separately. a. Minutes – November 17, 2025 regular meeting 5. REGULAR AGENDA NEW BUSINESS a. Proclamation for Interim City Manager, Cheryl Dowden. b. Receive update from Nederland Economic Development Corporation regarding current projects. Requested by Mayor Pro Tem Ortiz. AGENDA December 8, 2025 Page 2 c. Discussion and possible action to approve the Nederland Economic Development Corporation’s $75,000 matching-funds commitment to support Workforce Solutions Southeast Texas and Associated Building and Contractors of Southeast Texas in their application for the High Demand Job Training Grant. d. Discussion and possible action to approve payment to Samaritan Counseling Center of Southeast Texas for the Nederland High School Wellness Screening Program. e. Receive an update from Schaumburg & Polk, Inc. regarding Smoke Testing. Requested by Councilmember Jones. f. Discussion and possible action approving Amendment to Ord. 107 – installation of stop signs at intersections. g. Discussion and possible action approving Resolution 2025-21, authorizing the Nederland Police Department to participate in a Mutual-Aid Agreement with the City of Groves and City of Port Neches. h. Discussion and possible action approving Ord. No. 2025-24, authorizing the settlement of Texas Gas Service Company. i. Discussion and possible action to approve purchase of Hydra Stop insertion valves for Public Works Department. j. Discussion and possible action to approve purchase of excavator, trailer and 2024 Caterpillar double wheel roller for Public Works Department. k. Discussion and possible action approving an amendment to contract with Griffith, Moseley, Johnson & Associates for grant administration services for Hurricane Harvey grant funds. 6. EXECUTIVE SESSION (No Public Discussion on These Items) The City Council will announce that it will go into Executive Session, pursuant to Chapter 551 of the Texas Government Code, to discuss matters as specifically listed on the agenda, or as authorized by law. Consultation with Attorney, pursuant to Section 551.071 of the Texas Government Code, regarding pending or contemplated litigation, a settlement offer, and/or on a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code. Personnel Matters, pursuant to Section 551.074 of the Texas Government Code, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee, regarding the City Manager. 7. RECONVENE Reconvene into regular session and discuss and take action, if any, on items discussed in Executive Session. 8. Discussion and possible action regarding the selection of an executive search firm to assist with the recruitment of a City Manager. AGENDA December 8, 2025 Page 3 9. ADJOURN Jeffrey P. Darby, Mayor City of Nederland, Texas ATTEST: Joni Underwood, City Clerk City of Nederland, Texas “PURSUANT TO SECTION 30.07, PENAL CODE (TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGUN), A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN LICENSING LAW), MAY NOT ENTER THIS PROPERTY WITH A HANDGUN THAT IS CARRIED OPENLY” "CONFORME A LA SECCIÓN 30.07, DEL CÓDIGO PENAL (ENTRADA SIN AUTORIZACIÓN POR TITULAR DE LICENCIA CON UNA PISTOLA VISIBLE), UNA PERSONA CON LICENCIA BAJO EL SUBCAPÍTULO H, CAPÍTULO 411 DEL CÓDIGO DE GOBIERNO (LEY DE LICENCIAS DE PISTOLAS), NO PUEDE ENTRAR EN ESTA PROPIEDAD CON UNA PISTOLA VISIBLE” December 8, 2025 Meeting ITEM 4. CONSENT AGENDA All consent agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of the items unless a councilmember so requests, in which event the item will be removed from the Consent agenda and considered separately. I would recommend acceptance of all the below-listed items. a. Attached are the minutes of the November 17, 2025 regular meeting. REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 5:30 p.m. November 17, 2025 1. MEETING The meeting was called to order at 5:30 p.m. by Mayor Darby at the Nederland City Office Building, 207 N. 12th Street, Nederland, Texas. See attached for quorum. The following statement was posted: “PURSUANT TO SECTION 30.07, PENAL CODE (TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGUN), A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN LICENSING LAW), MAY NOT ENTER THIS PROPERTY WITH A HANDGUN THAT IS CARRIED OPENLY.” 2. INVOCATION AND PLEDGES OF ALLEGIANCE The invocation and Pledges of Allegiance were led by Councilmember Sonnier. 3. CITIZEN COMMENTS David Stone, a 61-year-old native of Nederland and chairman of the Jefferson County Texas Alamo Letter Society and president of the Sons of the Republic of Texas, presented a request for funding support for an Alamo Letter monument project. The project aims to place a replica of the Alamo bronze letter in every county courthouse in Texas. Stone reported that his organization has already raised $5,000 for the bronze plaque, which weighs 203 pounds, but needs an additional $5,000 to $8,000 for a pink granite monument made from the same material as the Texas Capitol. He emphasized the importance of a permanent installation, noting concerns about potential damage from hurricanes or floods if a less substantial material were used. Stone requested donations from incorporated cities in Jefferson County, with checks to be made payable to Sons of the Republic of Texas at P.O. Box 8251, Lumberton, Texas 77657. He mentioned that donations are tax-deductible and referenced the website ‘alamoletter.com’ for more information, though noted that donations must go through their organization to be designated for Jefferson County. 4. CONSENT AGENDA - All consent agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a councilmember so requests, in which event the item will be removed from the Consent Agenda and considered separately. Minutes continued, November 17, 2025 2 A motion was made by Councilmember Duplant and seconded by Councilmember Sonnier to approve the Consent Agenda Items “a through d” as presented. MOTION CARRIED. AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz. NOES: None. a. Minutes – November 10, 2025 regular meeting b. October 2025 Departmental Reports c. Tax Assessor Collection Report – October 2025 d. Consider action authorizing the closure of 21st Street from Detroit Avenue to Nederland Avenue, Detroit Avenue from 17th Street to 21st Street, Nederland Ave from 21st Street to 12th Street, 12th Street from Nederland Avenue to Boston Avenue, and Boston Avenue from 12th Street to 17th Street on Tuesday, December 9th for the Nederland Chamber of Commerce’s Annual Lighted Christmas Parade. 5. REGULAR AGENDA NEW BUSINESS a. A motion was made by Councilmember Sonnier and seconded by Councilmember Jones to postpone taking action on the engineering agreement with Westwood for the Wastewater Treatment Plant Facility Assessment project until the December 8, 2025 council meeting to allow time to receive the requested revisions from the City Attorney. MOTION CARRIED. AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz. NOES: None. b. A motion was made by Councilmember Sonnier and seconded by Councilmember Jones to postpone taking action on the engineering agreement with Westwood for the Centrifuge Rehabilitation project until the December 8, 2025 council meeting to allow time to receive the requested revisions from the City Attorney. MOTION CARRIED. AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz. NOES: None. c. The regular meeting was recessed and a Public Hearing was called to order at 5:43 p.m. by Mayor Darby for the purpose of discussing and receiving comments regarding the City’s completion and closeout of its Hurricane Harvey Infrastructure Grant. No comments were received. There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 5:43 p.m. by Mayor Darby. d. A motion was made by Councilmember Duplant and seconded by Councilmember Sonnier to approve Resolution No. 2025-20, authorizing the Nederland Police Department to participate in the 1033 Program regarding federal assets to law enforcement. MOTION CARRIED. Minutes continued, November 17, 2025 3 AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz. NOES: None. 6. EXECUTIVE SESSION The regular meeting was recessed at 5:46 p.m. by Mayor Darby for the purpose of conducting an Executive Session as authorized by Texas Government Code, Consultation with Attorney, pursuant to Section 551.071 of the Texas Government Code, regarding pending or contemplated litigation, a settlement offer, and/or on a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code; and Personnel Matters, pursuant to Section 551.074 of the Texas Government Code, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee, regarding the Interim City Manager. 7. RECONVENE The regular meeting was reconvened at 6:46 p.m. by Mayor Darby. He announced the Executive Session was held for informational purposes only and no action is necessary. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tem Ortiz to reconsider Item 5.a, an engineering agreement with Westwood for the Wastewater Treatment Plant Facility Assessment project. MOTION CARRIED. AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz. NOES: None. A motion was made by Mayor Pro Tem Ortiz and seconded by Councilmember Duplant to approve the engineering agreement with Westwood for the Wastewater Treatment Plant Facility Assessment project, in the amount of $66,300, pending legal review. MOTION CARRIED. AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz. NOES: None. A motion was made by Councilmember Sonnier and seconded by Councilmember Jones to reconsider Item 5.b, an engineering agreement with Westwood for the Centrifuge Rehabilitation project. MOTION CARRIED. AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz. NOES: None. A motion was made by Councilmember Sonnier and seconded by Councilmember Duplant to approve the engineering agreement with Westwood for the Centrifuge Rehabilitation project, in the amount of $239,609.20, pending legal review. MOTION CARRIED. AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz. NOES: None. Minutes continued, November 17, 2025 4 The mayor announced that a delegation from the Netherlands would visit Nederland the following day. The delegation includes the Vice Mayor of Rotterdam, the First Secretary from the Embassy of the Kingdom of the Netherlands in Washington D.C., an official from the Port of Rotterdam, the International Affairs Director from Rotterdam's mayor's office, and the Director of the Netherlands Business Support Office in Houston. The visit will include a meeting at city hall, a visit to see the city's windmill, and lunch with community representatives. 8. Mayor Darby stated the selection of an executive search firm to assist with the recruitment of a City Manager will be considered at a later date. 9. ADJOURN There being no further business Mayor Darby adjourned the meeting at 6:51 p.m. __________________________ Jeffrey P. Darby, Mayor City of Nederland, Texas ATTEST: ___________________________ Joni Underwood, City Clerk City of Nederland, Texas December 8, 2025 Meeting 5. REGULAR AGENDA NEW BUSINESS a. Attached is a proclamation recognizing Cheryl Dowden for her tenure as Interim City Manager. b. Kay DeCuir will present an update on the Nederland Economic Development Corporation’s current projects. c. On November 19, 2025, the Nederland Economic Development Corporation (NEDC) Board approved a $75,000 matching-funds commitment to support Workforce Solutions Southeast Texas and Associated Builders and Contractors of Southeast Texas (ABC SETX) in their application for the High Demand Job Training Grant through the Texas Workforce Commission. If the grant is awarded, NEDC, Workforce Solutions Southeast Texas, and ABC SETX will enter into a Memorandum of Understanding outlining their respective roles and responsibilities. Grant funding would be used to acquire new heavy-equipment simulators and related training curriculum designed to expand workforce development and increase job opportunities for residents of the 77627 zip code. Workforce Solutions Southeast Texas and ABC SETX will jointly prepare and submit the grant application. Workforce Solutions Southeast Texas will contribute $75,000 in matching funds to complement the NEDC’s $75,000 incentive. The heavy-equipment simulators will be housed at ABC SETX, located on Twin City Highway in Nederland, Texas. All financial commitments are contingent upon the successful award of the High Demand Job Training Grant, which is anticipated to be announced in 2026. In addition to expanded job-training resources, the initiative provides several added benefits to the City of Nederland and Nederland ISD: • The City of Nederland will receive four years of free “seat time” for heavy- equipment training at ABC SETX. • ABC SETX will document and report participation in all training modules completed by individuals residing within the 77627 zip code. • Three additional scholarships will be added to the current three trade-based scholarships awarded annually to graduates of Nederland ISD. This grant effort marks the first of its kind for the local area, and all partnering entities recognize the critical need for enhanced operator training to support continued growth in regional industries. This is the first of two readings. d. At the December 9, 2024 council meeting, council authorized the dedication of $50,000 to the Nederland Independent School District for funding the Samaritan Counseling Center of Southeast Texas mental health services. There are currently no ARPA funds available due to the expiration of this grant. These funds would need to be paid from the city’s general fund. These funds were previously committed and I recommend approval of this item. e. A representative from Schaumburg & Polk, Inc. will provide an update on the 2025 City- Wide Sanitary Sewer System Study. Requested by Councilmember Jones. f. Attached is the proposed Amendment to Ordinance No. 107, adding two stop signs on Eastbound and Westbound Avenue D at 23rd Street, making this intersection a four-way stop. After investigation by the police department, it was observed that there is heavier traffic on Eastbound and Westbound Ave D due to drivers utilizing 23rd Street as a cut through street to avoid traffic control devices on 27th Street and Nederland Avenue. Police Chief Carroll recommends approval of this item. I concur with his recommendation. g. During an audit of possible liabilities and weaknesses at the Police Department, it was discovered that the Mid-County cities do not have a formal memorandum of understanding for mutual aid for law enforcement. Since the inception of Central Dispatch (in the 1980’s) there has only been a verbal agreement between law enforcement agencies as compared to the Fire Departments that have a written agreement. Attached is Resolution 2025-21 and the proposed agreement which has been reviewed by City Attorney, Chris Leavins. Police Chief Carroll recommends approval of this item. I concur with his recommendation. h. Attached is proposed Ordinance No. 2025-24, authorizing the settlement of Texas Gas Service Company, a division of One Gas, Inc’s Statement of Intent to increase gas rates, filed on June 30, 2025. Texas Gas filed a Statement of Intent to increase gas rates within the Central-Gulf Service Area, West North Service Area, and Rio Grande Valley Service Area, increasing its revenue requirement by $41.1 million per year and to consolidate its three service areas into one statewide service area. TGS agreed to settle the rate request at an overall rate increase level of $15 million per year for the Central-Gulf, West North, and Rio Grande Valley Service Areas combined. The City’s utility consultant, Dan Lawton recommends approval of the partial settlement. I recommend approval of Ordinance No. 2025-24. i. Due to bad water line valves throughout the city, five insertion valves are needed. Insertion valves are necessary in situations where the water in a water line cannot be turned off. The installation of the valves will enable the city to repair and replace broken valves. The city’s water crew will dig and prep the areas for installation and JZ Southern Boys Services will install each valve at a total cost of $47,500. Staff recommends approval of this item. j. A new excavator with breaker/jack hammer and trailer was approved in the 2025 budget for $66,000. However, the recent pricing came in higher at $82,000. Staff will review fund balances but feel available funds will cover the difference in cost. This purchase was needed for repairing water/sewer breaks throughout the city as well as completing excavations more efficiently. It will replace an older unit that is approximately 15 years old and has met its life expectancy. A 2024 Caterpillar double wheel roller was also approved in the 2025 budget for $50,000. This equipment will be used for asphalt utility cuts and small asphalt road base failures and will provide for improved results when repairing roadways. Staff recommends approval of this item. k. Attached is the amended contract between the City and Griffith, Moseley, Johnson, & Associates. The contract has been amended to include additional funding for completed grant administration duties provided for the street improvement project funded through the Hurricane Harvey grant. The initial contract amount was $248,528.66 and has been amended to $254,528.66, for an increase of $6,000.00. This includes additional funding to cover an environmental re-evaluation that was required by the General Land Office. The re-evaluation was done after the GLO’s review of the Street Improvement Project. Also attached is the final invoice from GMJ, reflecting the amended total contract amount as well as the final draw on the initial contract in the amount of $7,627.66 for the grant closeout. The final draw plus the $6,000.00 environmental re-evaluation results in a final payment due in the amount of $13,627.66. I recommend approval of the contract amendment and the final payment. CITY OF NEDERLAND “PROGRAMMED FOR PROGRESS” Nederland, Texas Proclamation WHEREAS, the City of Nederland entrusted Cheryl Dowden with the responsibilities and high duties of Interim City Manager, guiding the city through a period of transition with steadiness and professionalism, and integrity; and WHEREAS, during her tenure, Ms. Dowden provided strong leadership, clear direction, and a commitment to transparency that strengthened public trust and supported the continuity of city operations; and WHEREAS, Ms. Dowden worked collaboratively with the Mayor, City Council, city staff, community partners and residents to ensure that essential services remained uninterrupted and that the City of Nederland continued to move forward; and WHEREAS, Ms. Dowden demonstrated exceptional skill in managing complex issues, fostering a positive workplace culture, and upholding the highest standards of public service; and WHEREAS, the City of Nederland recognizes and deeply appreciated Ms. Dowden’s dedication, leadership, and contributions that have left a lasting, positive impact on the community and city organization; and THEREFORE, I, Jeffrey P. Darby, Mayor of the City of Nederland, on behalf of the City Council and the residents of our community, do hereby express our sincere gratitude and appreciation to Cheryl Dowden for her outstanding service as Interim City Manager. The City extends its best wishes to Cheryl Dowden in all future endeavors and hereby commends her for her exemplary commitment to public service. IN TESTIMONY WHEREOF, witness my hand and Seal of the City of Nederland this the 8th day of December, 2025. Jeffrey P. Darby, Mayor Attest: Joni Underwood, City Clerk ( SAMARITAN COUNSELING CENTER OF SOUTHEAST TEXAS 7980 Anchor Dr Ste 500 Port Arthur, TX 77642 USA 4097276400 samaritancenter@sccset.org www .sccset.org INVOICE 1418 DATE 08/26/2025 Pay invoice SIU TO J. Underwood City of Nederland PO BOX 967 Nederland, Texas 77627 ] DATE 08/26/2025 ACTIVITY Wellness Program Invoice t SHIP TO J. Underwood City of Nederland PO BOX 967 ._, \.\li\H.rI.\~ < C>l'\:Sl·:l.l~(; CF~"II I{ Nederland, Texas 77627 TOTAL DUE $50,000.00 DESCRIPTION DUE DATE 09/25/2025 High School Wellness Screening Program SUBTOTAL TAX TOTAL BALANCE DUE TERMS Net 30 QTY ENCLOSED RATE AMOUNT 50,000.00 50,000.00 50,000.00 0.00 50,000.00 $50,000.00 Samaritan is a 501 (c)(3) organization. All donations are tax deductible. Tax ID 76-0068922 SAMARITAN COUNSELING CENTER November 13, 2025 Bruce Mills, Interim City Manager City ofNederland 207 N. 12th Street Nederland, TX 77627 Dear Mr. Mills, ...__, • ....,,.......,u· .. 11_., ,....,. T-.,, ....., Over the past seven years it has been a truly humbling experience to witness what began as a small pilot program grow into a district wide wellness initiative. Samaritan Counseling Center of Southeast Texas, in partnership with Nederland ISO, Hamshire-Fannet ISO and Port Neches-Groves ISO initially set out to improve the mental wellness of individual students. What started as that focused effort has evolved into something far greater -bringing hope and healing not only to the students but also to the campus staff and the students entire family. As an active member of the Southeast Texas community, I am aware of the recent leadership transition in the City of Nederland. As the President/CEO of a nonprofit organization I value City Council's commitment to transparency and its interest in how funds are being allocated. After learning that funds previously contracted to SCCSETX by Nederland ISO and the City of Nederland were being discussed at the Monday, November I 0, 2025 meeting, I attended on line to better understand why payment had not been issued to Samaritan Counseling Center following our initial invoice. r believe in the importance of understanding how funds are allocated and evaluating the success in the outcomes intended. With the recent leadership changes, this seven year program may not be fully known to those now involved in the funding process for Samaritan's initiatives. We would have gladly participated in any community discussion about the program and how the City of Nederland partnership with Nederland TSO in supporting it. After viewing the City Council meeting, I felt it was important to take a proactive approach by providing information that can help clarify the purpose and impact of the funds. Dr. Steven Beagle, Mrs. Madison Hardisty and [ have scheduled to attend the Monday, December 8, 2025 City Council meeting in order that we may answer any clarifying questions with regards to this partnership. r will be out of the office Friday, November 14, returning Monday, November 17 if l can be of any assistance before December 8th. We are looking forward to visiting about a vision I believe we all have in creating space for the young people of Nederland ISO to have a place they can find hope and healing. Talk soon- ~ rl'l.c.-Cu±~ Robin McCutcheon, President/CEO CC: Dr. Steven Beagle, Assistant Superintendent of Curriculum Mr. Jeff Darby, City of Nederland Mayor Mrs. Madison Hardisty, Wellness Program Director 7980 Anchor Dr. Bldg. 500, Port Arthur, Texas 77642 Email: samaritancenter@sccset.org Phone: (409)727-6400 Website: sccset.org SAMARITAN COUNSELING CENTER -_, __ ,,_ ·---- Wellness Screening Program Nederland ISD Program Data The transition from childhood to early adolescence is marked by an increase in social pressures and changes in health behavior that result in the development of new adaptation skills. When this transitional period is coupled with a series of traumatic events, there is a high probability of adolescents experiencing an increase in psychological problems such as depression, anxiety, suicidal ideation, post-traumatic stress, self-harm, etc. In 2019, Samaritan Counseling Center of Southeast Texas (SCCSETX) decided to conduct a pilot program in Southeast Texas high schools. This was to determine the value and the impact of education, prevention, and intervention with a Wellness Screening Program. Providing Wellness Screenings within 3 districts, to 9th grade students SCCSETX was able to begin a journey ofhope and healing at point of service model. For the 2025-2026 school year, the screening program is being offered across 4 districts, 20 grade levels, and expanding each day. The SCCSETX Wellness Screening Program is a 3 Tier system: The first tier focuses on creating a culture of mental health and wellness through prevention and education. The activities in this tier include training for campus, clinical, and administrative staff, gaining knowledge and a perspective on the current mental health needs from the community, and gathering parental consent and student data. The second tier identifies and supports students and families with mental health needs. After they are screened with the 5 assessments, SCCSETX' s team gathers and analyzes the data to determine the needs and urgency of each case. There are 2 questions that addressastudent'ssuicidality.Ifa student answers that they have seriously considered suicide in the past month and/or attempted suicide before, a trained mental health professional provides a Risk Assessmentwithin24 hours to determine the student's level of risk and the services recommended. The third tier provides intervention services that improve school performance and overall mental wellness. Students receive case management on campus or counseling from a licensed professional. The level of service is determined by the students' scores on depression, anxiety, stress, and other behavioral factors. They are also connected with social service resources to support their home life needs. Samaritan's Wellness Screening Program reflects the mission of the Center with an integrated care model of service. We focus not only on behavioral mental strategies, but also on social services and family connections. With a tiered approach to support, we ensure healing for the whole child and family. Sum mer 2 024 presented Wellness Program along side Dr. Steven Beagle, Principal Erica Gauthier, and Emily Allport, High School Counselor at Texas Elementary Principals and Supervisors Association State Conference showcasing success and importance of mental wellness services on school camp uses. Data Academic Year Notation Wellness Screening Funding Social Services Funding Pilot Begins Samaritan and 2019-2020 9th Grade only Episcopal Health Foundation United Board of Missions Pilot: Samaritan and 2020-2021 9th and 10th Grade Episcopal Health Foundation Junior League of Beaumont Pilot: Samaritan and 2021-2022 9th, 10, 11th Grade Episcopal Health Foundation United Way Mid-South Jeff Pilot: City of Nederland COBG and 2022-2023 9th, 10, 11th, and 12th Episcopal Health Foundation United Way Mid-South Jeff Nederland ISO and 2023-2024 9th -12th Grades City of Nederland United Way of Mid-South Jeff. Selected 6th -8th, Nederland ISO and 2024-2025 9th -12th City of Nederland United Way of Mid-South Jeff. 2025-2026 Selected 6th -8th, Nederland ISO and (Fall only) 9th -12th City of Nederland United Way of Mid-South Jeff. Academic Wellness Screening Funding Social Services Funding Year 2019 EHF $84,344 $28,114 Samaritan and UBM $2,000 2020 EHF $88,000 $29,333 Samaritan and UBM $3,000 2021 EHF $100,000 $33,000 Samaritan and UW $5,000 City of Nederland COBG 2022 EHF $137,800 $45,933 and UW $15,000 Nederland ISO and United Way of 2023 City of Nederland $79,948 Mid-South Jeff. $10,000 Nederland ISO and United Way of 2024 City of Nederland $88,000 Mid-South Jeff. $10,000 2025- 2026(Fall Nederland ISO and United Way of $400 only) City of Nederland $93,472 Mid-South Jeff. (Allocated $10,000) $397,800 $55,000 Risk Social Services Screening Risk Case Nederland ISO Assessment * cost of social Assessment Management Percentage services 2019-2020 22 6 27% 20 $2,000 2020-2021 108 24 22% 65 $3,000 2021-2022 255 63 24% 190 $5,000 2022-2023 1434 166 12% 338 $8,000 2023-2024 1036 100 10% 278 $10,000 2024-2025 1302 170 13% 753 $10,000 2025-2026 (Fall only) 466 62 18% 117 $400 4623 591 18% 1737 $40,000 Social Services include but are not limited to: • School t-shirts, backpacks and supplies (folders, pencils, notebook paper) • Food backpacks (mostly shelf-stable items) • Blankets, Socks • Towels, detergent packs • Hygiene kits (toothbrush, toothpaste, face wipes, tongue scrapers) • Plastic, reusable water bottles • Feminine hygiene products • Sensory items (fidgets), Journals • Smoke detectors and carbon monoxide alarms • Long-term food provision for school breaks (Thanksgiving, Christmas, spring break, summer) Timeline of F25 services** HB 12 delayed start of services • October 5: Confirmation to begin services at MS • October 8: Confirmation to begin services at HS from assistant superintendent • October 15: Meeting with NHS principal and counselors • October 28 -November 4: High School bulk screening completed • October 7, 9, 22, November 1: Middle school bulk screening completed • October 13 -Present: approximately 12 0 student check-ins conducted ( excluding screening and risk assessment students) AN AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS AMENDING ORDINANCE NO. 107 WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, ADDING STOP SIGNS AT AVENUE D AT 23rd STREET, AND PROVIDING A PENALTY. WHEREAS, the City Council of the City of Nederland is of the opinion that traffic control is required in order to properly regulate traffic and maintain safety on the roads and streets of the City; and WHEREAS, the City Council of the City of Nederland originally approved an amendment to Ordinance 107 on June 12, 1961; the City Council proposes to add stops signs on Avenue D at 23rd Street and WHEREAS, the Nederland Police Department received a request to add stops on Avenue D at 23rd Street, making the intersections a 4-way stop, due to speeding along Ave D, making the intersection a 4-way stop, due to previous traffic accidents and lack of traffic control at this intersection. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: Ordinance No. 107 is hereby amended by adding the following language: ARTICLE VII. SECTION 54.1 – STOP SIGNS The intersections at Avenue D at 23rd Street, shall be designated as a “4-Way Stop Intersection”. Stop signs shall be erected and maintained at all four corners in accordance with local and state law. All vehicles must come to a complete stop before entering the intersection. ARTICLE XVI. SECTION 122 – PENALTY Any person who intentionally, knowingly, or recklessly violates any provision of this ordinance shall be deemed guilty of a misdemeanor and shall on conviction thereof be fined as provided in Sec. 102-323, Nederland Code of Ordinances. ARTICLE XVII. SECTION 133 – EFFECTIVE DATE This amendment to the ordinance shall be in full force and effect after publication as provided by law. PASSED AND APPROVED BY THE CITY COUNCIL of the City of Nederland, Texas this the ______ day of __________, 2025. Jeffrey P. Darby, Mayor City of Nederland, Texas ATTEST: Joni Underwood, City Clerk City of Nederland, Texas APPROVED AS TO FORM: Chris Leavins, City Attorney City of Nederland, Texas RESOLUTION NO. 2025-21 A RESOLUTION OF THE CITY OF NEDERLAND, TEXAS, AUTHORIZING THE NEDERLAND POLICE DEPARTMENT TO ENTER INTO A MUTUAL AID AGREEMENT WITH THE CITY OF GROVES AND CITY OF PORT NECHES, MAKING FINDINGS OF FACT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City of Nederland is committed to ensuring the safety and welfare of its residents, pedestrians, and motorists; and WHEREAS, the Nederland Police Department desires to enter into a Mutual Aid Agreement with the City of Groves and City of Port Neches; and WHEREAS, the City Council finds that the Mutual Aid Agreement will enhance public safety. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: Section 1. The City Council hereby authorizes the Nederland Police Department to enter into the Mutual Aid Agreement. Section 2. The City Council finds that the Mutual Aid Agreement is in the best interest of public safety. Section 3. This Resolution shall take effect immediately upon passage. PASSED AND APPROVED by the City Council of the City of Nederland this the 8th day of December 2025. Jeffrey P. Darby, Mayor City of Nederland, Texas ATTEST: Joni Underwood, City Clerk APPROVED AS TO FORM: Chris Leavins, City Attorney 1 Mutual-Aid Agreement for Cooperation on Law-Enforcement Efforts between Mid-County Law Enforcement Agencies 1. Purpose and Authority. By their authority the City of Groves, City of Nederland and the City of Port Neches through their respective Police Departments (collectively, the “Members”) form a Mutual Aid Agreement (the “Agreement”) to assist each other in the protection of their respective communities. The Members shall cooperate and support each other in criminal investigations, law enforcement, and training. The Members intend to extend to the deputies and officers employed by the other municipalities the authority to investigate possible crimes and to make arrests throughout the region or area covered by this Agreement. The Members may also assist the other Members in times of civil emergency. 2. Joint Efforts, the Lead Agency and Cooperation The basic unit of cooperation between agencies under this Agreement is the joint effort. The Lead Agency shall be the agency with jurisdiction of the incident. Each agency will provide reports in a form acceptable by the Office of the District Attorney or City Prosecutor to host a prosecution or other proceedings. 3. Supervision For each joint effort, the lead agency will designate a lead deputy/officer. While a deputy/officer is engaged in the actual performance of official duties as part of the joint effort, then the deputy/officer will be under the lead deputy/officer’s supervision and the higher supervision of the lead deputy/officer’s chain of command 4. A Deputy’s/Officer’s Authority and Obligations While performing duties under this Agreement, a deputy/officer may exercise all the authority and fulfill all of the obligations of a peace officer, under the law, within the jurisdictions of all agencies who are Members to this Agreement. This includes the authority to investigate possible or suspected crimes, including traffic violations, and to arrest persons throughout the region or area covered by this Agreement. A deputy’s/officer’s qualification for office in the deputy’s/officer’s home jurisdiction constitutes qualification for office with the other agencies who are Members of this Agreement, and no additional cost, bond, or compensation is required. 5. Responsibilities a. Deputies/Officers and Personnel Despite the personnel and resource commitments in section 2, each agency has the final authority and discretion in assigning its deputies/officers and other personnel or resources to a joint effort. An agency is not obligated to join each joint effort. Each agency will remain the sole employer of all its deputies/officers and employees who participate in efforts under this Agreement. Each agency alone will be responsible for all compensation, benefits, insurance or coverage for its deputies/officers. 2 Each agency will be responsible for the defense and indemnification of its deputies/officers and employees under its usual insurance or coverage for general liability and law-enforcement claims. A deputy’s/officer’s or employee’s assignment to a specific joint effort, or performance of duties, under this Agreement, will not constitute service to another agency so as to make the assigned deputy/officer or employee a borrowed servant of another agency. Each agency’s deputies/officers and employees will not become, nor act, as the employees, agents, or representatives of another agency. The jurisdictions and agencies will not be joint or co- employed. Each agency alone is responsible for its deputies’/officers’ fitness for duty and for taking all acts necessary to maintain its deputies’/officers’ licenses and appointments, including training, continuing education, and firearms qualification. Each agency alone is responsible for ensuring that its deputies/officers meet its physical-fitness policies. Each agency alone is responsible for its deputies’/officers’ discipline. b. Vehicles and Equipment Each agency has the final authority and discretion in assigning its vehicles, equipment, and other resources to a joint effort under this Agreement. Each agency will be responsible for all costs associated with its vehicles and other equipment used in joint efforts, including fuel and maintenance. Each agency alone is responsible for the safekeeping, care, and maintenance of its vehicles and equipment, as well as protecting them with insurance or warranty coverage. c. Expenses Each agency will bear all expenses and costs of providing its deputies, vehicles, equipment, supplies, and resources for joint efforts under this Agreement d. Citations and Cite-and-Release Programs Each agency will follow state law and its own agency’s policies and procedures with respect to any decision to issue a citation in lieu of an arrest. An agency may permit the deputies/officers it assigns to a specific joint effort to follow the policy of the lead agency on the effort in this regard. 8. Policies Deputies/officers of Member agencies shall follow their agency’s policies and procedures. 9. Video and Audio Recordings Any video or audio recording, such as a recording made by a body-worn camera or in- vehicle camera or other recording device, will remain the sole property of the agency that owns the camera or recording device. Each agency’s policy will require deputies/officers to record all traffic stops, including traffic violations, CMVE stops, stranded-motorist assistance, and vehicle pursuits, and to retain all 3 recordings as potential evidence for a reasonable time and in accordance with applicable law. See, e.g., Occupation Code, § 1701.660. The agencies will confer about the handling and public release, if any, of a recording or related information that is, or may be, relevant to a joint effort or incident under this Agreement. See, e.g., Occupation. Code, §§ 1701.661–1701.663; Gov’t Code, chapter 552 (Public Information Act); Code of Crim. Proc., art. 2.139 (recordings of arrests for intoxication offenses). The agency owning the recording will provide to the supervisors, deputies, county officials, attorneys, and experts of other Member agencies under this Agreement with reasonable viewing of any relevant recording. The agency which owns a recording\ will have the final authority regarding a decision to release the recording. 10. Press and Social Media The agencies will reasonably cooperate about communicating with the press, press releases, and social media. 11. Civil Liability a. Duties and Risks Each jurisdiction and agency will be responsible for its own defense and liability—and for those of its Chief’s and Marshal’s, supervisors, deputies, officers and other employees—in the event of any claim, dispute, or lawsuit related to a joint effort under this Agreement. If a deputy/officer is a named defendant or other party to a claim or lawsuit related to a joint effort under this Agreement or the deputy’s/officer’s acts or omissions as part of a joint effort, then the deputy/officer is entitled to the same defense, indemnification, and other services and benefits to which the deputy/officer would be entitled had the claim or lawsuit arisen out of the deputy’s/officer’s acts or omissions in the deputy’s/officer’s home jurisdiction in the absence of this Agreement. The agency who assigns a deputy, officer, or other employee to participate in a joint effort under this Agreement will remain solely responsible and liable for the deputy, officer, or employee’s actions, omissions, and violations of the law, including violations of statutes, civil rights, and the Tort Claims Act, Civil Practice & Remedies Code, chapter 101. The assigning agency will also be solely responsible and liable for the deputy, officer, or employee’s health and safety and for providing worker’s compensation, disability, or similar coverage or insurance for the deputy/officer or employee. A Member (including its agency) will not bring a claim or lawsuit against another Member (including its agency) for any type of damage or injury to its personnel or property related to a joint effort under this Agreement. In the event that a Member bring an action against another Member in violation of this paragraph and a court or other authority determines that the Member is liable for any type of damage or injury to another Member’s personnel or property related to a joint effort, then the Member who is the beneficiary of the determination, agrees to indemnify, and hold harmless, the other Member(s) for the type and amount of liability determined. This paragraph does not prevent a city from fully litigating the question of proportionate responsibility or liability, especially as it may arise in the proceedings on a claim by a person, who is not a party to this Agreement. 4 A Member will not request reimbursement from another Member for compensation or other benefits paid to the county’s deputies, officers or employees, including under Tex. Local Gov’t Code § 362.003(c). Nonetheless, if a Member provides another Member with emergency assistance under Tex. Local Gov’t Code § 362.002(a), then the Member may request reimbursement from the other under section Texas Local Gov’t Code § 362.003(c). “Person” means all legal entities, including an individual, corporation or other artificial entity, state or federal government, a governmental department or agency, or a political subdivision. “Claim or lawsuit” means any type of claim, including a demand, dispute, or claim in a lawsuit, arbitration, or other proceeding. “Any type of damage or injury” means all types of damages and injuries, regardless of nature, including property damage, personal injury, civil-rights violation, economic loss, and loss or infringement of privacy, intellectual-property, or contract rights. In the context of a duty to be responsible for liability or to indemnify or hold harmless, “damage” and “liability” also includes attorney’s fees and costs, including expert and other litigation costs. The terms “acts or omissions” should be interpreted broadly to include all manner of actionable conduct, including intentional acts or omissions, gross negligence, negligence, inadvertence, and other acts or omissions sufficient for liability. Phrases like “claim,” “any type of damage,” “any type of injury,” and “related to” do not require a determination before a related duty applies or is triggered and should be interpreted broadly as if they read “alleged claim,” any type of “alleged damage” or “alleged injury,” or “allegedly related to, or arising out of, in whole or in part.” b. Cooperation Each Member will reasonably cooperate with the other Members in defending a claim or lawsuit, including providing access to, and copies of, documents or data, evidence, reports, or recordings, and access to witnesses or other persons with discoverable knowledge such as deputies, officers, employees, or other persons under the Member’s supervision or control. The agencies will also enter into a joint defense agreement where appropriate to protect confidential information. No Members waives any immunity, heightened liability requirement, liability limit, or liability cap available under any law or statute, including the Texas Tort Claims Act, Civil Practice & Remedies Code, chapter 101 or other applicable state or federal law. c. Limitation of Extraordinary Remedies Each Member is entitled only to its benefit of the bargain under this Agreement. The Members are not liable to each other for consequential, incidental, indirect, special, punitive, or exemplary damage or damage that arise from special circumstances. This provision does not affect either party’s rights to a defense or indemnification or other amount under section 11. 12. Records Each Member will maintain the required records for its participation in activities under this Agreement, including reports required for motor-vehicle stops, see Code of Crim. Proc., art. 2.133–2.135, 2.139, and incident-based crime statistics, see Gov’t Code, § 411.054. 5 The Members will reasonably cooperate on exchanging information or keeping joint records of their activities under this Agreement. A Member will reasonably cooperate with the others in responding to audits. 13. New Members Upon written approval by the then current Members to this Agreement, a new county and/or city and its agency may join the mutual aid created by this Agreement by a resolution or order of its governing body, within the meaning of section Tex. Local Gov’t Code § 362.002(b), which agrees to the terms of this Agreement in a form substantially similar to that in Exhibit “A.”, including execution by an authorized representative of the new county or city. 14. Other a. Term This Agreement shall become effective on the date when the second party executes the Agreement. The Agreement’s first term will end on November 1, 2026, and will automatically renew for successive two year terms every two (2) years thereafter on November 1 of the applicable year), unless otherwise terminated or notice of nonrenewal is provided by any Member. b. Withdrawal and Termination A Member may withdraw or terminate their participation in this Agreement for any reason by providing the other parties with thirty (30) days’ written notice. Withdrawal or termination of this Agreement does not affect a withdrawing Member’s obligations to be the employer of its own deputies/officers and personnel, to be responsible for its own expenses, or to be responsible for its obligations under section 11.For so long as at least two (2) cities and/or counties are Members of this Agreement, this Agreement will remain effective between those Members.. c. Notice, Opportunity to Cure, Alternative Dispute Resolution If a Member believes that another Member has not complied with a duty under this Agreement or has a dispute related to a joint effort, then the Member will notify the other Member(s) in writing of the default and/or dispute, and the parties will attempt to resolve the dispute. The parties agree that they shall provide a reasonable time for such attempted informal resolution, as reasonably determined under the circumstances. Before a Member may file a claim or lawsuit, the Members must meet in person in an informal conference to attempt to resolve the dispute(s). If the parties are unable to resolve the dispute(s), the Members will submit the dispute(s) to mediation as set out in section Tex. Civ. Practice & Rem. Code §154.023. Information exchanged and communicated will be confidential under sections Tex. Civ. Practice & Rem. Code §§ 154.053 and 154.073 and Tex. and Tex. Gov’t Code § 2009.054. This section does not affect a Member’s right to file a claim in a lawsuit or proceeding initiated by a person who is not a party to this Agreement. If a Member files a claim in contravention of this section, a court or other authority may stay the case or proceeding to permit the Members to comply with this provision. 6 d. Notices A party may send a written notice under this Agreement by email or U.S. Postal Service, Certified Mail, to: Marshal Christopher Robin Chief Rod Carroll City of Groves City of Nederland 4201 Main Ave 1400 Boston Ave Groves, Texas 77619 Nederland, Texas 77627 409.962.0244 409.723.1525 Chief Cheri Griffith City of Port Neches 1201 Merriman St, Port Neches, TX 77651 409.722.1424 A party may change the address or individual for notice by providing such change to the other Members, which will be effective three (3) days’ after such notice. e. Interpretation In general, this Agreement should be interpreted: (a) to extend to the deputies/officers from each Member the authority to enforce all applicable laws in all cities who are Members of this Agreement, including the authority to investigate possible or suspected crimes and to arrest persons; (b) so that each Member is responsible for its own chiefs, officers, deputies, and other employees and agents, as well as its own vehicles, equipment, and resources, including, being responsible for paying all of their compensation of whatever nature and for being responsible for any liability arising from their conduct; and (c) so that the Members share the costs and benefits of joint efforts equitably throughout the term of this Agreement. If any part of this Agreement is held to be invalid, illegal, or unenforceable in any respect, such determination shall not affect any other provision of this Agreement, and this Agreement shall then be construed as if the invalid, illegal, or unenforceable provision had not been included in this Agreement. Further, the failure of either party in any one or more instances to insist upon strict performance of any of the terms and provisions of this Agreement or to exercise any option herein conferred shall not be construed as a waiver or relinquishment to any extent of the right to assert or rely upon any such terms, provisions or options on any future occasion f. Governing Law This Agreement is governed by and is to be construed and enforced in accordance with the laws of the State of Texas and of the United States. The parties agree and consent to the jurisdiction of and venue in the District Courts of Jefferson County, Texas, and of the United States District Court for the Eastern District of Texas and acknowledge that such courts shall constitute proper and convenient forums for the resolution of any actions among the parties with respect to the subject matter hereof. 7 g. Entirety This Agreement constitutes the full and complete Agreement of the parties, and all other prior and/or contemporaneous Agreements between the parties have been merged herein. Any future amendment of this Agreement shall be in writing and shall require the written consent of both parties. h. Headings. All section headings or other titles used in this Agreement are used solely for convenience and shall not affect or be used in connection with the interpretation or construction of this Agreement. i. Amendments. This Agreement may be changed or modified at the request of a Member, provided all parties agree to the requested change, and a written amendment or modification of this Agreement is prepared and executed by the parties. j. Assignment: A Member may not assign or transfer its interest in this Agreement without the written consent of the other Members. 15. Definitions a. Each city’s authority under chapter 362 of the Local Government Code refers to the authority to form a mutual-aid law-enforcement task force under section Tex. Local Gov’t Code §362.002(b). Where the conditions for an emergency are met, then the cities also intend to draw on their authority under section 362.002(a). See Tex. Att’y Gen. Op. No. JC-0532, at 1 (2002) (concluding that subsections (a) and (b) operate independently). b. References to Codes, such as the Local Government Code, Code of Criminal Procedure, Civil Practice & Remedies Code, Government Code, Occupations Code, and Penal Code, are to these Texas Codes. c. Deputy, law-enforcement officer, or officer means a licensed peace officer under article 2.12 of the Code of Criminal Procedure or section 362.001(2) of the Local Government Code, including a deputy, city police officer, and city marshal. Generally, the parties expect deputies or officers who hold a permanent peace-officer’s license to participate in joint efforts under this Agreement. But a city or county may assign a deputy/officer who holds another license or who serves under an appointment as a reserve deputy/officer under Tex. Local Gov’t Code § 85.004. d. The phrase “all tasks related to a joint effort” includes training, making appropriate reports to TCOLE, investigating possible crimes, conducting surveillance, applying for warrants, conducting searches, issuing citations, arresting persons, seizing vehicles or property, taking custody of arrested persons and observing their rights, handling seized vehicles or property, preparing reports, keeping records, handling evidence, providing testimony or evidence, cooperating in prosecutions or other proceedings, and cooperating in audits or reviews. f. The phrase “cooperate in taking custody of arrested persons and meeting the legal obligations for presenting the person before a magistrate” means taking custody of arrested persons and meeting the obligations set out in provisions like articles 14.03(d), 14.03(g)(3), 14.06, 15.06, 15.08, 15.16–15.20 of the Code of Criminal Procedure and Tex. Local Gov’t Code § 362.002(c). 8 g. The phrase “exercise all of the authority and fulfill all of the obligations of a peace officer” includes (i) preserving the peace, preventing or suppressing crime, and summoning aid, (ii) enforcing all laws applicable to or in the cities, including chapter 644 of the Transportation Code, (iii) investigating suspected or possible crimes, including traffic violations, (iv) pursuing persons and vehicles, (v) stopping and searching persons, vehicles, trailers, containers, and other property with and without warrants, (vi) issuing citations, including citations for traffic violations, (vii) conducting surveillance, (viii) applying for warrants, (ix) serving or executing warrants, writs, or other processes, (x) arresting persons, (xi) using force, (xii) seizing vehicles or other property, (xiii) initiating or participating in forfeiture proceedings, and (xiv) assisting in the prosecution of criminal cases, forfeiture proceedings, or other proceedings. See Code of Criminal Procedure; Tex. Local Gov’t Code, § 85.004(d); Penal Code, chapter 9; Transportation Code, title 7, subtitle C (rules of the road), and subtitle F (commercial motor vehicles); 37 Tex. Admin. Code, Part 1, chapter 4 (commercial vehicle regulations); Occupations Code, chapter 1701; Tex. Civ. Practice & Rem. Code, chapters 34 and 61–66; and the Texas Rules of Civil Procedure. h. The phrase “all compensation, benefits, and insurance or coverage” means all forms of compensation, including employment-related benefits or rights under the FLSA or civil- service rules, if any, including salary, overtime, and other benefits; pension contributions or payments; workers compensation payments or benefits; disability payments; medical-expense payments; uniform, firearm, and equipment allowances; insurance or other coverage to its employees and deputies; and all forms of vacation or leave time, including paid time off, compensatory time, and FMLA leave. The clause is designed to meet the requirement of Tex. Gov’t Code §362.002(b), and includes all rights and benefits set out in section Tex. Gov’t Code §362.003(b). i. Lead Agency is the agency with the primary responsibility and authority for a specific joint effort. The agencies who are Members of a joint effort, will designate the lead agency for the joint effort. j. Host Agency is the agency who, in the absence of this Agreement, would have state-law authority over the city or county where a specific event, such as a traffic stop, a search, an arrest, or a seizure occurs. Also, one city may be the Lead Agency in a particular joint effort, while another agency is the Host Agency with respect to a particular event. k. Home Agency is the agency that regularly employs a particular deputy/officer and carries the deputy’s/officer’s regular appointment or commission under section Tex. Local Gov’t Code §85.003. If a deputy/officer has a regular appointment under Tex. Local Gov’t Code §85.003 in one jurisdiction and a reserve appointment under Tex. Local Gov’t Code §85.004 in another jurisdiction, then the deputy’s/officer’s home agency is the one that carries the deputy’s/officer’s regular appointment. l. Region and area mean the geographic or jurisdictional area in which a deputy or officer may exercise the authority set out in section 4 of this Agreement, as “region” is used in Tex. Local Gov’t Code §362.002(b) and as “area” is used in Tex. Gov’t Code §362.002(c). m. TCOLE means the Texas Commission on Law Enforcement under chapter 1701 of the Occupations Code. 9 n. The phrase “any decision to issue a citation in lieu of an arrest” refers to citation options set out in statutes, such as article 14.06(b), (c), and (d) of the Code of Criminal Procedure. In light of House Bill 2391, 80th Texas Legislature, R.S. (2007), which amended article 14.06. o. Vehicles and equipment mean the motor vehicles and other equipment used by the agency in the performance of their duties. Vehicles and equipment may include, without limitation, SUVs, sedan, motor cycles, canines, density meters, automated license-plate readers, crime-scene- reconstruction or analysis equipment, equipment for rapid DNA analysis, gun scanners, and UASs or drones. AGREED TO: CITY OF Groves CITY OF Nederland ________________________________ _____________________________ Mayor Chris Borne Date Mayor Jeff Darby Date 3947 Lincoln Avenue 207 N. 12th St Groves, TX 77619 Nederland, TX 77627 CITY OF Port Neches ________________________________ Mayor Date 1005 Merriman, Port Neches, TX 77651 1 ORDINANCE NO. 2025-24 AN ORDINANCE BY THE CITY OF NEDERLAND, TEXAS, AUTHORIZING THE SETTLEMENT OF TEXAS GAS SERVICE COMPANY, A DIVISION OF ONE GAS, INC.’S STATEMENT OF INTENT TO INCREASE GAS RATES, FILED ON JUNE 30, 2025; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE WHEREAS, on or about June 30, 2025, Texas Gas Service Company, a Division of ONE Gas, Inc. (“TGS” or “Company”) filed a Statement of Intent with the City of Nederland (“City”) and concurrently with the Railroad Commission of Texas (“Railroad Commission”) to increase gas rates within the Central-Gulf Service Area, West North Service Area, and Rio Grande Valley Service Area; and WHEREAS, in its Statement of Intent, TGS proposed to increase its revenue requirement by $41.1 million per year and to consolidate its three service areas into one statewide service area; and WHEREAS, the City of Nederland joined the Steering Committee of Cities to intervene and participate in the Railroad Commission proceedings; and WHEREAS, the Company has moved or will move to consolidate municipal proceedings with the concurrent Statement of Intent proceedings pending at the Railroad Commission; and WHEREAS, TGS, Railroad Commission Staff, and other intervening parties including the Steering Committee of Cities participated in settlement discussions to resolve all contested rate case issues without litigation, except the Company’s request to consolidate service areas; and WHEREAS, TGS agreed to settle the rate request at an overall rate increase level of $15 million per year for the Central-Gulf, West North, and Rio Grande Valley Service Areas combined; and WHEREAS, the Railroad Commission Staff, the Lawton Law Firm, and counsel for other cities participating in this proceeding have recommended approval of the Partial Settlement terms as a reasonable alternative to resolve all but one of the contested rate case issues without the need for prolonged litigation. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: Section 1. The statement and findings set out in the preamble to this Ordinance are hereby in all things approved and adopted. 2 Section 2. The City of Nederland hereby authorizes the settlement of the TGS rate case proceeding at an overall rate increase level of $15 million per year. Section 3. 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. Section 4. This ordinance shall become effective from and after its passage. PASSED AND APPROVED this 8th day of December, 2025. ________________________ Jeffrey P. Darby, Mayor City of Nederland, Texas ATTEST: Joni Underwood, City Clerk APPROVED AS TO FORM: Chris Leavins, City Attorney CONFIDENTIAL/ATTORNEY-CLIENT COMMUNICATION 1 November 14, 2025 Via E-Mail Ms. Sharae Reed City Attorney – City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 Mr. Kenneth R. Williams City Manager – City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 Mr. Brandon Monk City Attorney – City of Groves 4875 Parker Drive Beaumont, TX 77705 Mr. Kevin Carruth City Manager – City of Groves 3947 Lincoln Avenue Groves, Texas 77619-4604 Mr. Chris Leavins City Attorney – City of Nederland P.O. Box 4915 Beaumont, Texas 77704-4915 Ms. Cheryl Dowden Interim City Manager – City of Nederland P.O. Box 967 Nederland, Texas 77627 Ms. Roxann Cotroneo City Attorney – City of Port Arthur P.O. Box 1089 Port Arthur, Texas 77641 Mr. Ronald Burton City Manager – City of Port Arthur P.O. Box 1089 Port Arthur, Texas 77641 Mr. Lance Bradley City Attorney – City of Port Neches P.O. Box 1148 Port Neches, Texas 77651 Mr. Andre’ Wimer City Manager – City of Port Neches P.O. Box 758 Port Neches, Texas 77651 Re: 2025 Statement of Intent of Texas Gas Service Company, a Division of ONE Gas, Inc. (“TGS” or “Company”) to Change Gas Utility Rates within the Central-Gulf, West North, and Rio Grande Valley Service Areas Dear Cities: This letter is to update you on the status of TGS’s statement of intent to increase rates in its Central-Gulf, West North, and Rio Grande Valley Service Areas, which is still pending with the Railroad Commission (“Commission”) and at the municipal level. THE LAWTON LAW FIRM, P.C. 12600 Hill Country Blvd., Suite R-275 • Austin, Texas 78738 • 512/322-0019 CONFIDENTIAL/ATTORNEY-CLIENT COMMUNICATION 2 The parties have reached a settlement in principle in the rate case before the Commission, which we recommend that the Cities approve. As we will describe further below, we believe the settlement represents a reasonable outcome given the potential expense and risk of litigating contested issues. We are providing a proposed settlement approval ordinance for your consideration. If your City takes no action, we will assume your City is unopposed to the settlement. Our Review and Analysis of the Statement of Intent TGS requested a total rate increase of $41.1 million annually, representing a 9.83% increase in non-gas revenues. TGS also requested to consolidate its three existing service areas into one statewide service area. The Company’s proposed rate increase would have a widely disparate impact between residential and non-residential customer classes as well as within the residential classes depending on their current service area. The proposed increase would go entirely to residential customers, whereas commercial, industrial, and other non-residential rate classes would receive rate decreases. In addition, residential customers in the West North Service Area would see increases of 24.5% to 27% over current rates, whereas residential customers in the Rio Grande Valley Service Area would see decreases of 5.8% to 21.9%. The impact on customers in the Central-Gulf Service Area, which includes all the cities in our coalition, is mixed. If approved, the average increase for Central-Gulf small residential customers would be $3.98 for usage of 17 Ccf per month, or an 8.9% increase over current rates. Large residential customers in the Central-Gulf Service Area using 46 Ccf per month would see an average decrease of $2.89 per month, which is a 3.7% decrease from current rates. Railroad Commission rules require similarly situated cities to coordinate efforts; therefore, we worked with the Cities Served by Texas Gas Service Company (“TGS Cities”), 1 the Alliance of Texas Gas Service Municipalities (“ATGM”),2 and the City of El Paso in reviewing TGS’s request. The combined recommended adjustments of all the city groups would reduce the Company’s $41.1 million request by $52.2 million, resulting in a rate reduction of approximately $11.1 million from current rates. Commission Staff recommended adjustments that would reduce the Company’s request by about $2.7 million. Although we either support or do not oppose the adjustments of Commission Staff and the other city groups, our focus in this case was on allocation and rate design issues such as those 1 The TGS Cities include the Cities of Alton, Austin, Bayou Vista, Bee Cave, Brownsville, Cedar Park, Cuero, Donna, Dripping Springs, Edinburg, Elsa, Galveston, Georgetown, Gonzales, Harlingen, Hidalgo, Hutto, Kyle, Lakeway, Lockhart, Los Fresnos, Luling, Marble Falls, McAllen, Mission, Palm Valley, Pflugerville, Pharr, Port Isabel, Rancho Viejo, Raymondville, Rollingwood, San Benito, Shiner, Weslaco, West Lake Hills, and Yoakum. 2 The ATGM includes the Cities of Andrews, Anthony, Borger, Bryson, Clint, Horizon City, Graham, and San Elizario. CONFIDENTIAL/ATTORNEY-CLIENT COMMUNICATION 3 mentioned above. We also objected to a pilot program TGS proposed that would create a separate residential rate class for low-income customers. These customers would receive a 25% discount on their rates and the revenue shortfall of $3 million would then be collected from the rest of the residential customers. While we do not have a problem with helping low-income customers, we argued that it is unfair and contrary to basic ratemaking principles for one group of customers to subsidize a program that solely benefits a different group of customers. The other city groups and Commission Staff raised similar concerns with this program. Settlement The partial settlement in principle resolves all contested issues except the question of consolidating service areas. The parties are still litigating the consolidation issue, which will be decided by the Commission in January 2026. The Commission has a long-standing policy favoring consolidation of service areas, so we expect the Company’s consolidation request to be granted. Key terms of the proposed settlement include: • A revenue requirement increase of $15 million, which is approximately 64% lower than the Company’s requested revenue requirement increase of $41.1 million. • Both small and large residential customers in the current Central-Gulf Service Area are expected to have rate decreases if the Company’s consolidation request is approved. • A 9.8% return on equity rather than the Company’s requested 10.4% return on equity. • Revenue allocation such that no customer class will receive a rate decrease while other classes receive a rate increase. • The pilot program for low-income customers will be withdrawn. The Company’s existing Share the Warmth program will be expanded to provide more assistance for low-income customers. The cost of this program will be shared between the Company, residential customers, and commercial customers. CONFIDENTIAL/ATTORNEY-CLIENT COMMUNICATION 4 The rates resulting from the proposed settlement are shown below: Customer Class Customer Charge Commodity Charge/Ccf Residential – Small3 $19.50 $0.92290 Residential- Large4 $35.00 $0.35926 Commercial – Small $75.00 $0.49457 Commercial - Large $150.00 $0.19457 Industrial $1,250.00 $0.18947 Public Authority $200.00 $0.17511 Transportation $500.00 $0.09470 Electric Generation Transportation $1,000.00 Demand Charges $0.72542 Usage $0.02000 Compressed Natural Gas $380.00 $0.09470 Unmetered Gas Light - Residential $0.00 $0.92290 Unmetered Gas Light - Commercial $0.00 $0.49457 Unmetered Gas Light - Industrial $0.00 $0.18947 Unmetered Gas Light – Public Authority $0.00 $0.17511 Assuming the Company’s consolidation request is approved, Central-Gulf customers in the Small Residential Class with average usage of 15 Ccf per month will see a $1.82 decrease to their monthly bills. Customers in the Large Residential Class with average usage of 43 Ccf per month will see a $4.89 decrease to their monthly bills. Consolidation is expected to benefit residential customers in the Central-Gulf Service Area, so if the Company’s consolidation request is not approved, they may experience increases rather than decreases. As stated earlier, however, we do not expect the Commission to go against its long-standing policy supporting consolidation of service areas. Recommendation We recommend that Cities approve the partial settlement. As we balanced the costs and benefits of settlement versus continued litigation risk, we evaluated the strength of TGS’s revenue increase request compared to the litigation issues and proposed adjustments raised by the various city groups. Based on precedent, we expected significant downward adjustments to the Company’s request. This downward assessment is supported by TGS’s agreement to settle for $15 million versus the requested $41.1 million request. However, given the uncertainty of successfully 3 Applies to residential customers with annual normalized volume less than 331 Ccf. 4 Applies to residential customers with annual normalized volume of 331 Ccf or greater. CONFIDENTIAL/ATTORNEY-CLIENT COMMUNICATION 5 litigating each issue and litigation cost, a settlement of $15 million annual increase—that will result in a rate decrease to Central-Gulf residential customers—is reasonable. We are attaching for your consideration a proposed ordinance approving the settlement. In terms of timeline, we are asking each City to make a final decision at its next available meeting. The deadline for Cities to pass a Final Rate Ordinance is November 17, 2025, but the proposed ordinance approving the settlement can be passed after this deadline. After November 17, the Company will move to consolidate all municipal actions with the proceedings at the Railroad Commission, including Cities who do not act before the November 17 deadline. If your City does not take action regarding the proposed settlement, we will assume your City is unopposed to the settlement. Please forward copies of passed ordinances to danlawtonlawfirm@gmail.com and molly@mayhallvandervoort.com. If you have any questions or concerns, please do not hesitate to call. Sincerely, /s/ Daniel J. Lawton ----- I JZ Sout�em Boyz Services, LLC "It's choice, not chance that determines your destiny!" P.O. Box 1420 Quitman, TX 75783 (903)850-9403 TO Joey Mitchell City of Nederland 207 N 12th St Nederland, TX 77627 (409)543-2206 Jmitchell@ci. nederland. tx. us SALESPERSON RUSTY LAWHORN QTY SIZE 2 6" 8" 2 10" ,. � JOB NAME CITY OF NEDERLAND DESCRIPTION HYDRA STOP INSTA VALVE (NON·AIS) HYDRA STOP INSTA VALVE (NON-AIS) HYDRA STOP INSTA VALVE (NON·AIS) MOBILIZATION THANK YOU FOR YOUR BUSINESS If you have any questions concerning this quote, please contact Rusty Lawhorn. Phone: (903) 850-9403 Email: rusty@jzsouthernboyz.com PIPE TYPE TBD TBD TBD Quotation prepared by: JZ Southern Boyz Services, LLC QUOTE DATE:11/11/2025 P.O.# UNIT PRICE $6,800 $7,500 $13,000 $450 SUBTOTAL SALES TAX 8.25% TOTAL LINE TOTAi. $13,600 $7,500 $26,000 $450 $47,550 $0 $47,550 November 21, 2025 City of Nederland ATTN: Ph Fax 4430 College Street Beaumont, TX 77707 Phone:409-866-3360 Fax: 409-866-5884 Here is the quote you requested: QTY. DESCR. 1 Orange Line EQ14, 14K, 20', 5' Stand up Ramps 83" X 20' Trailer Totals QTY. DESCR. 1 Orange Line TT14-20BK, Tilt Deck, 16' + 4' Deck 83" X 20' Trailer Totals TOTAL $8,200.00 TOTAL $10,200.00 If you have any questions please give me a call. Thank you for the opportunity! Sincerely, Kyle Lee Outside Sales www.BeaumontTractor.com Contract Numbers: GM-V06-23 CE ,H65-22 KX040-5R1 WEB QUOTE #2923665 Date: 11/13/202511:17:39 AM -Customer Information - Leanord, Kendal City of Nederland kmorrison@ci.nederland.tx.us 409-723-1543 Quote Provided By -Standard Features - (© l(•Ji:>':>t'l~ K Series KX040-5R1 ***EQUIPMENT IN STANDARD MACHINE••• FEATURES ENGINE 7" LCD color display • standard 01803 Kubota DI Turbo CRS Tier 4 Auto Idler Diesel Engine Rubber Track Model 3 Cylinder, 4 Cycle ROPS/OPG (Top Guard. Level 38.9 Net HP @ 2200 rpm I) 4-Posl Canopy 40.4 Gross HP Suspension Seat Kubota 1 HydrauHc Pump Load OPERATIONAL Sensing System DIMENSIONS 1 Variable Displacement Pump All Controls Hydraulic Pilot Controls Two Operating Pattern Selection System Accumulator Digltal Control Panel Attachment Flow Presets, Service Alerts Standard Front Dozer Blade wl Float Max Digging Depth 11' 2. 7" Max Digging Radius @ Ground Level 17' 9" Max Vertical Digging Depth 7' 4.8" Max Dumping Height 12' 9.5" DOZER BLADE DIMENSIONS Width 66.9" Height 15. 75" Lift Above Ground 15.17" Drop Below Ground 15.94" 360 Degree Fuff Rotation 70 Degree Len, 55 Degree Righi Boom Swing 17.2 gpm Adjustable Auxiliary PERFORMANCE Hydraulics Port 1 Auxiliary Hydraulics Diverter Vat-le Thumb Bracket and Relief Valves Five Second Quick Preheat System Key Switch Stop System Half Pitch Rubber Tracks Se~ Bleed Fuel System Aut~O'M1Shi!t Two Speed Travel System Swivel Negative Brake Travel Negative Brake Thi"d Line DIMENSIONS AND OPERA TING V1,£IGHT KX040-5R1, Rubber Tracks, 4- Post ROPS/OPG (Top Guard, Level I) Canopy. Dozer Blade Overall Length 16' 8.2" Overall IMdlh 5' 6.9' Overall Height 8' 1.8' Operating Weight 9,195 lbs." Ground Clearance 12.9" • Includes operato~s weight, 175 lbs. Digging Force @ Bucket (K7875) 9,535 lbs. Digging Force @ Dipper Arm 4, 112 lbs. Travel Speed (Low) 1.8 mph Travel Speed (High) 3.1 mph Climbing Ability 36% / 20' Lill Capacity 4,080 lbs. Over Front Blade Grounded 2.0 fl. Load Point Height 8.0 ft. Load radius Beaumont Tractor Company, Inc. Kyle Lee 4430 College St. Beaumont , TX 77707 email: kyle@beaumonttractor.com phone:409866336D -Custom Options - KX040-5R1 Base Price: $66,765.00 Selected Kubota Attachments (1) AT&T TIER 3 TELEMATICS MODEM $475.00 OCU6770-AT&TTIER 3 TELEMATICS MODEM ( 1) 12" QA TRENCHING BUCKET $1,497.00 K7872A-12" QA TRE~NG BUCKET (1) QUICK COUPLER $1 ,464.00 K7870A-OUCK COUP..ER (1) 24" QA TRENCHING BUCKET $2,026.00 K7875A-2◄" QA TRENCHING BUCKET (1) 36" Q.A. DRAINAGE BUCKET $1 ,843.00 K7877B-36" OA DRAINAGE BUCKET (1) HYO THUMB KIT $4,145.00 K791 DA-HYO 11-iUMB KIT (1) CANOPY IM)RK LIGHT KIT $178.00 K79◄1}-CANOPY 'M'.JRK UGlfT KIT Total Kubota Attachments: $11,628.00 Total Attachments: $11,628.00 CQnfig!.!red Price· H6 J9J QQ BUY BOARD Discounts: Kubota Items: ($18,814.32) Total Discount ($18,814.32) SUBTOTAL S59,f.i78.!i!l Kubota Item Fees: Dealer Assembly: $275.00 Freight Cost: $850.00 POI: $400.00 Total Unit Price: $61 ,103.68 Quantity Ordered: 1 Utilitough uraso 850lbs. Hyd. Hammer $10,400.00 Final Sales Price: $71 ,503.68 Purchase Order Must Reflect the Final Sales Price To order equipment-purchase orders must be made out and returned to: Kubota Tractor Corporation Attn: National Accounts 1000 Kubota Crtve Grapevine, TX 76051 or email NA.Support@kubota.com or call 817-756-1171 or fax 844-582-1581 •All equipment specifications are .11s complete as possible as of the date on the quote. Additional attachmenb, options, or accessories may be added (or deleted) at the discounted price. All specifications and pricas ar• subject to change. Taxes are not 1nduded. The POI rees and freight for anachments and accessories. quoted may have 1ddilionol d'larges added by the delivemg dealor. These chariias w,11 be billed separately. Prices for product quoted are good for 60 days from th• date shown on the quote. All equipment as quoted is subject to avi:aNabi11ty. C 2018 Kubota Tractor Corporation. AN rights reserved. MUSTANG New Machine Sales Agreement I I Rental '11 I REF# Q-38466 MUSTANG MACHINERY COMPANY, LLC. D/8/A MUSTANG CAT, 12800 NORTHWEST FREEWAY, HOUSTON TX 77040 I PHONI;; (800) Z5G -1001 SOLD TO CUSTOMER STREET ADDRESS CITY/STATE POSTAL CODE COUNTY/ COUNTRY PHONE NUMBER EMAIL CUSTOMER CONTACT INDUSTRY CODE PRINCIPAL WORK CODE CUSTOMER NUMBER: 0588260 MAKE: Caterpillar ID NUMBER: CB25 GC 03A UT COMP DCA 1 0 CB25 GC 03A UTILITY COMPACTOR ENGINE, CAT C17T 0 NC HYDRAULICS, STD 0 NC LIGHTS, WORKING, LED 0 NC SWITCH BATTERY DISCONNECT 0 SEAT, WITH SAFETY SWITCH 0 SUPPORT, FIXED FOR SEATO NC SEAT BELT, 3" 0 ROPS FOLDABLE LOCKABLE 0 TRAVEL CONTROL COVER 0 NC PRODUCT LINK, CELLULAR PL243 0 NC PLUG /NON SINGLE LIFT) 0 NC PLUG (NO GUARDS, BUMPER) 0 NC DRUM SCRAPER, FIXED OIL, HYO, STANDARD 0 NC INSTRUCTIONS, ANSI 0 NC SERIALIZED TECHNICAL MEDIA KIT 0 NC LANE 1 ORDER 0 NC PACKING, LAST MILE PROGRAM 0 NC INSTRUCTIONS, ISO 0 NC Quote Notes City Of Nederland SHIP TO Po Box 967 Nederland/TX 77627 409-723-1541 jlancaster@ci.nederland.tx.us EQUIPMENT Jim Lancaster F.O.B.AT: I PRODUCT SUPPORT I SHIPVIA: I SALES TAX EXEMPTION CUSTOMER PO NUMBER (IF NUMBER: APPLICABLE): DESCRIPTION OF EQUIPMENT ORDERED/ PURCHASED MODEL: CB2.5GC YEAR: 2024 I SERIAL NUMBER: 64000261 , SMU: 614-2114 $58,880.00 574-2842 $0.00 564-8160 $0.00 559-1655 $0.00 568-5154 $0.00 565-3708 $0.00 573-5962 $0.00 364-2278 $0.00 542-6995 $0.00 574-6088 $0.00 432-8451 $0.00 577-1414 $0.00 503-1603 $0.00 569-8105 $0.00 603-5146 $0.00 574-6039 $0.00 574-6030 $0.00 421-8926 $0.00 0P-9001 $0.00 0P-4299 $0.00 574-6024 $0.00 Total Machine List Price: $58,880.00 Dealer Discount: $17,732.09 Non-Discounted Items: Make Readv $460.00 Freii:iht Charges $500.00 Warrantv $1 ,508.00 Miscellaneous $0.00 Sourcewell Contract #060122-CAT. COi. Quote valid 30 days. I TRADE-IN EQUIPMENT MODEL: YEAR: SERIAL NUMBER: PAYOUT TO: AMOUNT: $0.00 PAID BY: MODEL: YEAR: SERIAL NUMBER: PAYOUT TO: AMOUNT: PAID BY: MODEL: YEAR: SERIAL NUMBER: PAYOUT TO: AMOUNT: PAID BY: ALL TRADE-INS ARE SUBJECT TO EQUIPMENT BEING IN "AS INSPECTED CONDITION" BY MUSTANG CAT AT TIME OF DELIVERY. CUSTOMER HEREBY STATES THE ABOVE LISTED EQUIPMENT EMISSIONS HAVE NOT BEEN ALTERED OR CHANGED. CUSTOMER HEREBY SELLS THE TRADE-IN EQUIPMENT DESCRIBED ABOVE TO MUSTANG CAT AND WARRANTS IT TO BE FREE AND CLEAR OF ALL CLAIMS, LIENS. MORTGAGES AND SECURITY INTEREST EXCEPT AS SHOWN ABOVE. PREVENTATIVE MAINTENANCE AGREEMENT CVAI500 Hours! EQUIPMENT WARRANTY Customer acknowledges that he has received a copy of the manufacturer's warranty and has read and understood said warranty. All used equipment is sold as is where is and no warranty is offered or implied except as specified herein. WARRANTY TERM 84 Month J 1000 HoursJPowertrain +Hydraulics+ TechlParts & Labor CAT Work Tools Warranty 12 Months/Unlimited Hours TERMS OF SALE SUB TOTAL $43,615.91 HEAVY EQUIPMENT TAX I $82.87 SALES TAX $0.00 DOC FEE $0.00 DIESEL SURCHARGE $0.00 TOTAL CASH PRICE $43,698.78 CASH WITH ORDER $0.00 TRADE IN ALLOWANCE $0.00 TOTAL DOWN PMT. & TRADE IN ALLOWANCE UNPAJD BALANCE OF TRADES 0.00 Invoice -Downpayment + Trade in Allowance $43,698.78 TOTAL AMOUNT TO BE $43,698.78 FINANCED CUSTOMER INITIAL. IT IS MUSTANG CAT's INTENT THAT THIS AGREEMENT REFLECTS THE FULL AND FINAL TERMS OF THIS TRANSACTION. HOWEVER, DUE TO CHANGING CIRCUMSTANCES, MUSTANG CAT MAY NOT BE ABLE TO HONOR THE EXACT PRICING OR DELIVERY DATES HEREIN. EXAMPLES OF THOSE CIRCUMSTANCES INCLUDE, BUT ARE NOT LIMITED TO, LIMITED PRODUCT AVAILABILITY, EXTENDED LEAD TIMES, AND SUPPLIER PRICING CHANGES. CUSTOMER ACCEPTS AND ACKNOWLEDGES THAT IF MUSTANG CAT IS NOT ABLE TO HONOR THE TERMS OF THIS AGREEMENT, THIS AGREEMENT WILL BE VOIDED, AND BOTH PARTIES RELEASED FROM THIS AGREEMENT'S BINDING EFFECT. VOIDING OF THIS AGREEMENT DOES NOT PREVENT THE PARTIES FROM ENTERING INTO A NEW AGREEMENT, NOR IMPACT OTHER AGREEMENTS AMONG THE PARTIES HERETO. DISCLAIMER OF WARRANTIES AND WAIVER OF CLAIMS MUSTANG CAT IS NOT A MANUFACTURER OF THE EQUIPMENT. ALTHOUGH MUSTANG CAT MAY ADMINISTER WARRANTIES ISSUED BY THE MANUFACTURER, CUSTOMER ACKNOWLEDGES AND AGREES THAT: (1 ) ANY EXPRESS WARRANTIES BY THE MANUFACTURER FOR THE EQUIPMENT ARE NOT THE RESPONSIBILITY OF MUSTANG CAT; AND (2) THE MANUFACTURER'S WARRANTY CONTAINS LIMITATIONS AND CUSTOMER MAY INCUR CERTAIN REPAIR, TRANSPORTATION, OR OTHER CHARGES BY MUSTANG CAT WHICH ARE NOT COVERED BY THE MANUFACTURER'S WARRANTY. ANY AND ALL IMPLIED WARRANTIES ARE EXCLUDED. MUSTANG CAT, BY VIRTUE OF HAVING SOLD THE EQUIPMENT UNDER THIS AGREEMENT, HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO CONDITION, COMPLIANCE WITH SPECIFICATIONS OR REGULATIONS, QUALITY, DURABILITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR USE OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT. MUSTANG CAT IS NOT LIABLE FOR ANY DAMAGES (WHETHER ORDINARY, SPECIAL OR PUNITIVE) ARISING FROM ANY FAILURE OF THE EQUIPMENT TO OPERATE OR THE FAUL TY OPERATION OF THE EQUIPMENT, OR THE INSTALLATION, OPERATION, REPAIR OR USE OF THE EQUIPMENT. OTHER TERMS AND CONDITIONS ADDITIONAL TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE HEREOF OR ATTACHED HERETO (AS APPLICABLE) CONSTITUTE AN IMPORTANT PART OF THIS AGREEMENT AND ARE INCORPORATED HEREIN VERBATIM FOR ALL PURPOSES. PLEASE REVIEW SUCH OTHER TERMS AND CONDITIONS BEFORE SIGNING THIS AGREEMENT. THESE TERMS AND CONDITIONS SUPERSEDE ALL OTHER TERMS AND CONDITIONS PRESENTED BY OR TO CUSTOMER UNLESS PROVIDED IN A DOCUMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF BOTH PARTIES AND CONTAINING REFERENCE TO THIS SALES ORDER AGREEMENT. DATE O RD ER RECEIVED BY SIGNATURE TITLE THIS AGREEMENT IS SUBJECT TO THE TERMS AND CONDITIONS ATTACHED ------------- Stuart Newton ------------- -------------Governmental Sales Representative DATE CUSTOMER NAME ----------------CUSTOMER SIGNATURE ---------------- TITLE I TERMS AND CONDITIONS 1. DEFl~ITION OF MUSTANG: MUSTANG and Seller are defined as Mustang Machinery Company, LLC. d/b/a MUSTANG CAT, Mustang Rental Services of Texas., L...:C. d/b/a MUSTANG RENTAL SERVICES, and their subsidiaries, affiliates and related entities. 2. AGREEMENT: This Agreement becomes binding on MUSTANG CAT only upon MUST ANG CA T's execution of this Agreement, and subject to the availability of the equipment from the manufacturer. Customer shall inspect the equipment immediately upon its receipt, and shall be conclusively deemed to have accepted the equipment in good and operating condition unless the customer promptly notifies MUSTANG CAT of any defects, in writing and via telephone. MUSTANG CAT shall have the right, at its option, to either repair or replace the equipment, or terminate this Agreement, in which event the equipment shall be returned to MUSTANG CAT. Delays in delivery shall be excused if caused by any cause beyond the reasonable control of MUSTANG CAT. 3. TITLE TO EQUIPMENT: Title to the equipment shall pass to the customer only upon MUSTANG CA T's actual receipt of funds in the total amount of the Purchase Price and other sums due to MUSTANG CAT hereunder. 4. TAKEN IN TRADE: Customer does hereby irrevocably sell, assign, transfer and convey possession, ownership and title unto MUSTNAG CAT to the Trade-in Equipment described above. Customer warrants that it is the sole owner of the Trade-in Equipment, has full power and authority to sell the Trade-in Equipment, and that there is no lien or any encumbrance of any kind or nature against the Trade-in Equipment, of record or otherwise. 5. TAXES: Customer shall promptly pay all taxes, fees, transportation and other costs, assessments and all governmental charges of any kind or character, and any penalties, fines or interest thereon relating to the equipment. 6. CUSTOMER'S WARRANTIES AND USE: In addition to the other warranties contained herein, customer warrants that (i) if customer is an entity, it is duly organized and validly existing in good standing, and (ii) is duly authorized to execute, deliver, and perform under this Agreement. Customer further agrees and warrants, at its cost, that: (1) the equipment shall at all times be used solely for customer's business and not for personal, family, or household use, and in accordance with the use, and/or instructional materials, solely for the purpose for which it was intended; (2) only customer's employees (who must be skilled, trained and certified to do so) shall use the equipment. Customer hereby further agrees and warrants that (i) any payments made pursuant to this Agreement are intended by the customer to be a contemporaneous exchange for new value given to customer and it is a substantially contemporaneous exchange and (ii) each payment made of a debt incurred by customer under this Agreement is in the ordinary course of business or financial affairs of customer and MUSTANG CAT, and such payment was made in the ordinary course of business or financial affairs of customer and MUSTANG CAT, or made according to ordinary business terms. 7.SOLE AND EXCLUSIVE REMEDY: Customer further agrees that his SOLE AND EXCLUSIVE remedy, if any, against MUSTANG CAT, shall be as contained in any express, written warranty applicable hereto. Customer acknowledges that he has received, read, understands and accepts the terms contained herein. The customer agrees that no other remedy (including, but not limited to, claims for INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY CAUSE, LOSS, ACTION, CLAIM OR DAMAGE WHATSOEVER OR INJURY TO PERSON OR PROPERTY OR ANY OTHER CONSEQUENTIAL, ECONOMIC OR INCIDENTAL LOSS) shall be available to him. 8. LOSS AND DAMAGE: Customer assumes all liability and risk of, and shall be solely responsible for, all damage and loss to the equipment from any cause whatsoever, whether or not such loss or damage is or could have been covered by insurance. Until the equipment is paid in full, Customer shall promptly give MUSTANG CAT written notice of any loss or damage and reimburse MUSTANG CAT for the value of the equipment if damaged or stolen. MUSTANG CA T's sole responsibility for shipments shall be to deliver the equipment to a public carrier company. 9. SECURITY AGREEMENT: Unless the product(s) is paid for in full in cash at the time of delivery, MUSTANG CAT retains and customer hereby grants to MUSTANG CAT a security interest in such product(s) within the meaning of the Uniform Commercial Code together with all and any substitutions, additions, or accessions to such product(s), and in any and all proceeds from the sale, exchange or disposal thereof to secure payment of the purchase price of such product(s). Customer, prior to or after delivery, specifically agrees to enter into and execute a financing statement, or statements, and an additional security agreement setting forth the terms and conditions of the Agreement between the parties in relation to the security interest of MUSTANG CAT. Customer further appoints MUSTANG CAT as its attorney-in-fact to execute any such financing statement or security agreement in the place and stead of customer. In the event customer fails to execute any such financing statement or security agreement upon request by MUSTANG CAT, the entire balance of the purchase price shall be at MUSTANG CAT's option become due and payable and customer shall execute any notes or other evidences of indebtedness that may be required by MUSTANG CAT. However, any note taken herewith shall be evidence of customer's obligation to pay the unpaid time balance only and is not to be considered or construed to be payment for the product(s). 10. EVENTS OF DEFAULT: The following are events of default by Customer. (1) failure to pay any amount due hereunder or otherwise; (2) Customer's ceasing to do business, becoming insolvent, taking advantage of any law for the relief of debtors or filing bankruptcy, making an assignment for the benefit of creditors; (3) when MUSTANG CAT deems itself insecure with respect to customer's performance; (4) Customer fails to perform any of customer's other obligation hereunder or otherwise; (5) Customer's representation or warranty is false or misleading . 11. REMEDIES ON DEFAULT: In the event of any default by customer, MUSTNAG CAT is entitled to any one or more of the following remedies, without any notice of default: (a) take possession of the equipment or any other equipment, including enter premises where its located; (b) terminate this Agreement; (c) seek specific performance or injunction or recover damages; (d) stop delivery of the equipment or any other equipment; (e) surrender any insurance policies and receive the unearned premiums; (f) without terminating this Agreement, MUSTANG CAT may take possession of the equipment and sell, relet or otherwise dispose of the equipment as a secured party under UCC and deduct all expenses, costs, reasonable attorneys fees, and other charges incurred by MUSTANG CAT; (g) recover deficiency from customer; and/or (h) perform by itself, or cause performance of, customer's obligation, at customer's cost. In no event shall MUSTANG CAT be required to sell or relet the equipment, nor required to rebate or pay back any gain or profit as a result of leasing the equipment. MUSTANG CAT's remedies hereunder shall not be exclusive, but shall be cumulative and in addition to all other remedies existing at law or in equity. 12. COLLECTIONS: In the event any action either to collect payment or enforce the terms and provisions of this agreement becomes necessary, CUSTOMER agrees to pay reasonable cost of collection and attorney's fees to MUSTIANG CAT should this matter be placed in the hands of a collection agency or an attorney for collection. 13. INDEMNITY: CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS MUSTANG CAT AND MUSTANG CAT's PARTNERS, EMPLOYEES, AGENTS, REPRESENATIVES, SUCCESSORS AND ASSIGNS FROM ANY AND ALL CLAIM, EXPENSE, CAUSE OF ACTION, DAMAGE, LIABILITY, COST, PENAL TY, TAX, ASSESSMENT, CHARGE, PUNITIVE DAMAGE OR EXPENSE BY REASON OF ANY ACT OR OMISSION OF CUSTOMER OR ITS EMPLOYEES, AGENTS, CONTRACTORS, SUBCONTRACTORS, AFFILIATES OR INVITEES, WHILE THE EQUIPMENT IS IN THE POSSESSION OR UNDER THE CONTROL OF THE CUSTOMER OR ITS AGENTS. 14. INSURANCE COVERAGES: Customer shall maintain Equipment insurance and General Liability insurance, Auto Liability insurance, and Workers Compensation and Employer's Liability Insurance, each with minimum $1 ,000,000 per occurrence and shall deliver to MUSTANG CAT a Certificate of Insurance evidencing same. Such insurance obtained by customer shall be primary. 15. NOTICES: All notices hereunder shall be in writing and shall be deemed delivered if delivered personally or mailed, by certified mail, return receipt requested, to the respective addresses of the parties set forth above or any other address designated by written notice. By signing this Agreement, customer represents that it has read and agrees to the Terms and Conditions applicable to communications made by MUSTANG CAT to customer by Text or Email and which are found at https://www.mustangcat.com/legal-notices/ 16. MISCELLANEOUS: This Agreement may only be modified by a written agreement signed by MUSTANG CAT. If any provision of this Agreement is hereafter held invalid or unenforceable, the remainder of the Agreement shall not be affected and the provisions are declared severable. If there is more than one customer, the obligations of customers hereunder are joint and several. Subject to the terms hereof, this Agreement shall be binding upon and inure to the benefit of MUSTANG CAT and customer and their respective personal representatives, successors and assigns. This Agreement shall be governed by the laws of Texas, each party hereby irrevocably consents to submit to the exclusive jurisdiction of the courts of the state of Texas in Harris County, Texas. I agree and acknowledge that to the extent equipment is equipped with a telematics system (e.g., Product Link), that data concerning such equipment, including condition, and operation are being transmitted to Caterpillar Inc., and its affiliates. The full privacy statement applicable to the transfer of telematics information, including instructions on how to ask questions about telematics and how to revoke your consent, is available at: https://www.caterpillar.com/en/legal-notices/data-govemance-statement.html. THE PARTIES HEREBY WAIVE THEIR RIGHT TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. THE STATE OF TEXAS § § THE COUNTY OF JEFFERSON § AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT between THE CITY OF NEDERLAND, TEXAS and GRIFFITH, MOSELEY, JOHNSON & ASSOCIATES, INC. 1. The Parties City of Nederland, Texas ("City") and Griffith Moseley Johnson & Associates, Inc. ("GMJ") entered into a Professional Services Agreement (the "Agreement") on March 13, 2023 whereby GMJ would provide the City with grant administration services in connection with the City's Community Development Block Grant-Disaster Recovery projects as part of the City's recovery from the impacts of Hurricane Harvey. 2. The Agreement pertained only to those projects that were open and in progress on the date the Agreement was executed. The Agreement provides that any new or additional projects or amendments the City might wish to add to the Scope of Work would be the subject of a separate Agreement. 3. The City has erected to execute additional projects ("Additional Projects") and the Parties have mutually agreed to amend the Agreement to include these Additional Projects in the Scope of Work. The Scope of Work as addressed in the City's RFP and GMJ's response, the Agreement and the GLO's Grant Administration Services Scope of Work (as it relates to infrastructure projects) shall apply to the Additional Projects and are all incorporated by reference for all purposes. 4. The Additional Projects will include street improvements in the area of the Nederland Avenue and Hilldale Street drain drainage projects being completed as part of the original Scope of Work. 5. For Environmental Services, the City now agrees to compensate GMJ an amount not to exceed $6,000. This is in addition to the not to exceed $248,528.66 for the projects subject to the original Agreement (the projects that were open and in progress at the time the Agreement was executed) and the additional project, for a total amended contract amount of $254,528.66. (SIGNATURES ON THE NEXT PAGE) EXECUTED ____ day of ________________, 2025 CITY OF NEDERLAND, TEXAS: GRIFFITH MOSELEY JOHNSON & ASSOC., INC. _______________________________ __________________________________ _______________________________ __________________________________ Invoice Invoice Date 12/1/2025 Invoice # 15407 City of Nederland P. O. Box 956 Nederland, TX 77627 Griffith Moseley Johnson & Associates, Inc. 2901 Turtle Creek, Suite 445 Port Arthur, Texas 77642 P.O. No.Terms Due on receipt Due Date 12/1/2025 Total Balance Due Payments/Credits CLIENT Item Description Qty Rate Amount City of Nederland GMJ professional services agreement dated 13 March 2023 and amended 14 November 2023 GLO contract 17460017688 CDBG program Fixed Grant Administration for Drainage Projects, draw #6, Final Draw Balance $13,627.66. Billings to date on grant administration, including draw #6 = $240,901 Required Total Contract Value: | Item | Amount | | :------------------------------------------ | :-------------- | | GMJ Contract Amount (Initial + Street Imp.) | $248,528.66 | | Environmental Clearance Fee (Unamended) | $6,000.00 | | **Required Agreement Total** | **$254,528.66** | Amended to faciliate grant closeout. To date, GMJ has drawn $240,901. This final invoice for the remaining balance of $13,627.66 is due upon approval of amendment. 1 13,627.66 13,627.66 $13,627.66 $13,627.66 $0.00