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April 8, 2024 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. April 8, 2024 1. MEETING The meeting was called to order at 4:30 p.m. by Mayor Albanese 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 PLEDGE OF ALLEGIANCE The invocation and Pledge of Allegiance was led by Mayor Pro Tem Sonnier. 3. 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 motion was made by Councilmember Root and seconded by Councilmember Guillot to approve the Consent Agenda Item "a" as presented. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot. NOES: None. ABSENT: Councilmember Duplant. a. Minutes - March 25, 2024 regular meeting 4. REGULAR AGENDA a. A motion was made by Councilmember Guillot and seconded by Mayor Pro Tern Sonnier to approve a proclamation in regard to National Fair Housing Month. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot. NOES: None. ABSENT: Councilmember Duplant. b. A motion was made by Councilmember Root and seconded by Mayor Pro Tern Sonnier to receive the quarterly financial report from the Nederland Historical Society. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot. NOES: None. ABSENT: Councilmember Duplant. c. A motion was made by Mayor Pro Tern Sonnier and seconded by Councilmember Root to approve Resolution No. 2024-05, authorizing participation in the Equalis Group Purchasing Cooperative program. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot. NOES: None. Minutes continued, April 8, 2024 ABSENT: Councilmember Duplant. d. A motion was made by Mayor Pro Tern Sonnier and seconded by Councilmember Guillot to approve Ordinance No. 2024-09, setting the calendar for regular City Council meetings - May 2024 to April 2025. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot. NOES: None. ABSENT: Councilmember Duplant. Mayor Pro Tern Sonnier asked that the City include a Veterans' Day component on the November 11th City Council meeting agenda. e. A motion was made by Mayor Pro Tern Sonnier and seconded by Councilmember Guillot to approve an Interlocal Agreement with the Nederland Independent School District regarding financial assistance for the summer recreation program. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot. NOES: None. ABSENT: Councilmember Duplant. Chris Duque, City Manager, stated that prior to 1995, the City funded a similar program. After that year, the City ceased funding the program. NISD operated and funded the program after this. Last year, NISD requested the City provide financial assistance for the summer rec program; the City Council authorized the assistance to not exceed $25,000 (NISD advised the City staff that the summer rec program costs approximately $50,000 to operate). The invoice for last year's financial assistance was $17,785.07. f. Discussion was held regarding delaying the 2024 HMAC (hot mix overlay) Street Program due to the Nederland High School construction. Chris Duque stated the planned HMAC (hot mix overlay) Street Program includes the following road work: • Canal Ave from 27th Street to the HWY 69 frontage road (approx. 3,0501f) • Seattle from 18th St to the dead end (approx. 9751f) • 19th St from Queen to Seattle (approx. 5251f) • 20th St from Queen to Seattle (approx. 5251f) • 20th St from Queen to Canal (approx. 2751f) • Queen from dead end to dead end (approx. 6001f) Excluding Canal Ave, the other street projects are directly related to the impacts from the high school construction. Last fall, staff advised the City Council that the street construction would begin once the school year ended to ensure completion prior to the new school year, which starts on August 15th. When this street construction schedule was formulated, staff was under the impression that the new NHS construction would be completed in February. Thus, there would be minimal conflict by the first week of June. The latest schedule for substantial completion is May with on-going concrete work and site work planned throughout the summer. HB Neild has indicated that construction is scheduled for completion by August 1St, but due to possible weather days and hurricane season, they have conservatively estimated any conflicts (from the closure of Seattle and closed to heavy truck traffic) would be cleared by mid-September. NISD is requesting the City delay the roadwork on Seattle until September. The HMAC bid award was scheduled for the April 22nd City Council meeting; following the discussion with NISD, the bid award was pushed back to the May 13th City Council meeting. The greatest concern with NISD's request is the possibility that construction is not completed by September and pushed back further which could result in the possibility of hard freezes and a Minutes continued, April 8, 2024 cold winter limiting the timeframe to complete the Seattle road work. Chris Duque stated the large trucks will still be utilizing our streets for the continued construction of the school and it would be best to wait until after the school's completion before beginning our street program. Council agreed that the city does not want to repair the roads twice so the best decision would be to delay the street program until the completion of the high school's construction. Rob Woods, Director of Public Works, stated we will know more in June/July and we do have some flexibility in our timeline. Mr. Woods will prepare an addendum and Mr. Duque will speak to Stuart Kieschnick, Superintendent, in the morning. No action is necessary at this time. g. Discussion was held regarding Ordinance No. 2023-19 and utility rates and regulations (water line maintenance fee applied to apartment complexes and multi- family dwellings with a single water meter). Chris Duque stated the Finance Department staff discovered an issue with the application of the water line maintenance fee to utility customers of apartment complexes, trailer parks, and other multi-family dwellings that utilize a single water meter. Section 9 of Ordinance No. 2023-19 prescribes the water rates to include the maintenance fee ($0.36 per 1,000 gallons), which should be charged to each account above the first 2,000 gallons of water used (the minimum). Staff discovered that within our billing software (INCODE) a misapplication of the maintenance fee was being applied. This week the cycle 1 utility bills were mailed out. Staff was instructed to charge the maintenance fee without the averaged per unit consumption calculation. Staff believes the erroneous calculation method may have been implemented in 2007 following significant revisions to the utility rates and regulations ordinance. Staff did not calculate any back charge of the water line maintenance fee since the error occurred on the City-side and the resolution is properly applying the fee in accordance with the Ordinance. The water bills have very limited space for extra characters so there is no information concerning the adjustment on the bills. The city will post information regarding the adjustment on our website for customers. No action is necessary at this time. h. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember Root to approve an ad valorem tax abatement request from Energy Transfer GC NGL Marine Facilities LLC. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Root, Sonnier, and Guillot. NOES: None. ABSENT: Councilmember Duplant. 5. EXECUTIVE SESSION The City Manager, Chris Duque, stated that Executive Session was not necessary. 6. COMMUNICATION City Manager's Report: a. Miscellaneous: • Chris Duque thanked the Parks Department for hosting the Eclipse event. • The Chamber Coffee will be held tomorrow morning at the Golden Cup. 7. ADJOURN There being no further business a motion was made by Mayor Albanese to adjourn the meeting at 5:04 p.m. Minutes continued, April 8, 2024 /// D'nibanese, Mayor City of Nederland, Texas ATTEST: 1>•4t Joniti nderwood, City Clerk City of Nederland, Texas \cft NED•F, fog ,,„\' CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Don Albanese Mayor ✓ Bret Duplant _ _ __ Council Member-Ward I ;✓ Sylvia Root Council Member-Ward II ✓ Randy Sonnier Council Member-Ward III +✓ David Guillot Council Member-Ward IV Chris Duque City Manager Joni Underwood City Clerk Sin d� 1-tocutipd G A-v t'n e/ Chris Leavins City Attorney Heather Stucker Director of Finance ✓ Gary Porter Police Chief .� Terry Morton Fire Chief Robert Woods Director of Public Works George Wheeler Building Official ✓ • Molli Hall Librarian Holly Guidry Human Resources Director Toby Latiolais Parks Director 6✓ as Don Albanese, Mayor 'WQ'f/a-a Joni U^derwood, City Clerk 4-8-24 Date • • • NEDERLAND HISTORICAL SOCIETY- City Account 9568235020 January— December 2023 BEGINNING BALANCE 1/1/23 $8,656.85 JANUARY 1/3 2179 Setzer's Supplies for Museums 30.18 1/12 2180 Post Master Renewal of Postal Box/stamps 198.00 1/13 DEPOSIT 1,502.09 1/27 2181 Neils Items for resale 392,35 1/18 2182 Bill Clark Pest Control 85.00 1/27 2183 Jiffy Name Tag 21.00 * 2184 February Bank Statement 1/24 2185 Setzer's Supplies for Museums 59.16 ENDING BALANCE $9,373.25 FEBRUARY 2/7 2184 Office Depot 149.48 2/1 2186 Market Basket—coffee, etc. 32.98 2/10 2187 Noack—Keys for Musemuns 18.00 2/16 2188 Carol Culp—.Reimbur. supplies 110.54 2/17 2189 Office Depot 128.99 2/16 2190 Johnson's Florist—flowers etc 367.75 • i 2/28 2191 Jiffy Trophy—name tags 75.50 ENDING BALANCE $8,490.01 MARCH 3/2 2192 Post Master stamps 126..00 2193 VOID 3/3 2194 Office Depot 237.34 3/9 2195 Drago—printing 127.00 3/20 2196 Nelis Imports--Resale Items 827.49 3/13 2197 Setzer's—supplies 44.00 3/29 2198 Kristy's Korner—Framing 268.80 ENDING BALANCE $6,859.38 APRIL 4/2 2199 Setzer's—supplies 21.56 4/10 2200 Hafco—candy for resale 234.01 4/6 2201 G. Poppke—Yard Work 28.19 4/3 2022 Office Depot 127.25 4/4 2203 HEB - supplies 64.59 4/14 2204 Triangle Locksmith— keys 64.95 DEPOSIT 404.56 4/19 2205 Setzer's 22.49 ENDING BALANCE $6,700.90 1 MAY 5/1 2206 Post Master- stamps 126.00 5118 2207 Cook's 10.8.23 5/5 2208 Office Depot 180.62 5/4 2209 Carol Culp—Reimb. 23.49 5/17 2210 Setzer's 75.96 5/12 DEPOSIT 586.55 5/12 Best Buy -Debit Card - copy machine 541.24 2211 VOID 2212 VOID 5/16 2213 HEB—supplies 40.01 5/18 2214 Johnson's Flowers - resale items 325.20 5/30 Post Master Debit Card - stamps 17.40 ENDING BALANCE $5,849.30 JUNE 6/2 2215 Orville Dombrosky—yard 178.09 6/15 2216 Greg Poppke 63.25 6/8 2217 Carol Culp—Reimbursement 93.00 2218 July Statement 2219 July Statement 2220 VOID 6/22 2221 Wayne Grahamn—sand 320.00 ENDING BALANCE $5,194.96 JULY 7/7 2218 Cook's 73.94 7/5 2222 Greg Poppke 138.24 7/5 2223 O. Dombrosky -yard 368.36 7/6 2224 Drago's—printing 122.60 7/10 2219 Gloria Blackman —Reimb. 72.00 7/10 2225 Debor Lighting—Acadian House 1,290.00 7/15 2226 Setzer's 11.65 2227 September Statement 7/31 2228 Classic Forms— Cups 175.09 7/24 2229 Dollar General -supp. 54.00 ENDING BALANCE 2,889.08 AUGUST 8/1 2230 Orville Dombrosky—yard 128.77 2231 VOID 2232 September Statement 8/8 2234 Greg Poppke 228.06 8/17 HEB—Debit Card 46.33 ENDING BALANCE $2,485.92 SEPTEMBER 9/13 2227 Drago's 98.00 9/5 HEB—Debit Card 36.78 9/5 2232 Office Depot—supplies 268.85 9/12 Johnson's—Debit Card 146.75 2233 VOID 2234 -August Statement 9/3 2235 Setzer's 61.18 9/15 2236 Greg Poppke 174.41 9/10 2237 VOID 9/22 DEPOSIT 427.69 ENDING BALANCE 2,127.64 OCTOBER 10/13 2238 Orville Dombrosky—yard 378.44 HEB Debit Card 81.40 ENDING BALANCE BEFORE HACK $1,667.40 10/30 B ANK ACCOUNT HACKED - ( 1660.00) CANCELLED ALL CARDS BANK ACCOUNT CLOSED NOVEMBER 11/2 ACCOUNT TRANSFERRED to —5020 7.40 11/14 REIMBURSEMENT- HACK—BANK 5020 1,660.00 ENDING BALANCE 1,667.40 DECEMBER 12/4 DEPOSIT (sales from Credit Cards) 2,632.11 12/12 2374 Office Depot 47.32 12/11 2375 Hernandez Office Supply 106.79 12/8 2376 Office Depot 164.64 12/21 2377 Greg Poppke Ch. Dec. 40.00 12/22 2378 Orville Dombrosky Ch. Decc 40.00 12/22 2379 Debbie Dombrosky Ch Dec 40.00 12/22 2380 Greg Allport Ch Dec 40.00 12/22 2381 Carol Culp Ch Dec/ 40.00 ENDING BALANCE $3,780.76 RESOLUTION NO. 2024-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, AUTHORIZING PARTICIPATION IN THE EQUALIS GROUP PURCHASING COOPERATIVE PROGRAM WHEREAS, it is the intent of the City of Nederland to join and participate in the Equalis Group Purchasing Cooperative Program, being organized and administered by the Equalis Group Lead Agencies; and WHEREAS, authority for this commitment is authorized by Article 791.011 - the Interlocal Cooperation Act as amended and would allow for substantial savings to be realized by volume purchasing of specific commodity items. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: Section I. The City Manager is hereby authorized to execute such documents as are appropriate and necessary to implement the City's participation in said Equalis Group Purchasing Cooperative Program. PASSED AND APPROVED BY THE CITY COUNCIL of the City of Nederland, Texas this the 8TH day of APRIL, 2024. Don Albanese, Mayor ATTEST: `► (, deitdda, Joni U 1.erwood, City Clerk APPROVED AS TO FORM AND LEGALITY: & * Chris Leavins, City Attorney `‘°"" .31 ,,/,, =Uteti)g4 /`' �1= �TOF.0„ ORDINANCE NO. 2024-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS SETTING REGULAR DATES FOR CITY COUNCIL MEETINGS TO BE HELD FROM MAY 6, 2024 THROUGH APRIL 28, 2025 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: Section 1. The following dates will be and are hereby regular meeting dates for the meetings of the City Council of the City of Nederland, Texas. All of the below regular meeting shall begin at 4:30 p.m. on each of the following dates: May 6 and 20, 2024 June 10 and 24,2024 July 8 and 22,2024 August 12 and 26,2024 September 9 and 23, 2024 October 14 and 28, 2024 November 11 and 18, 2024 December 9 and 16, 2024 January 13 and 27, 2025 February 10 and 24, 2025 March 10 and 24, 2025 April 7 and 14, 2025 Section 2. ANY AND ALL ordinances of the City of Nederland, Texas which conflict with any provisions of this Ordinance are hereby expressly repealed. PASSED AND APPROVED by the City Council at a regular meeting this 8TH day of APRIL, 2024. Pon Albanese, Mayor City of Nederland, Texas ATTEST: Cod Got c kv�4 & \-1E::9•§9*////'' Joni U derwood, City Clerk City of Nederland, Texas ti �� �� u1§9*N APPROVED AS TO FORM AND LEGALITY• ",•=c) ,/:. !)41, �p� /OF]C ,0 day Chris Leavins, City Attorney City of Nederland, Texas INTERLOCAL GOVERNMENT AGREEMENT BETWEEN THE CITY OF NEDERLAND AND NEDERLAND INDEPENDENT SCHOOL DISTRICT FOR SUMMER RECREATION PROGRAM FINANCIAL ASSISTANCE This Agreement is entered into by the following parties: the City of Nederland, a municipality located in Jefferson County, Texas ("City"), and the Nederland Independent School District, a political subdivision and independent school district located in Jefferson County, Texas ("NISD" or"District") on this 8th day of April, 2024. WHEREAS, the City has the authority under Texas Government Code, Chapter 791 to contract with other local governments for government functions and services. The City is a"local government" as defined by Texas Government Code § 791.003(4)(A); the District is also a"local government"as defined by Texas Government Code §791.003(4)(A); and, WHEREAS, the City of Nederland, by and through its City Council and the Nederland Independent School District, for the mutual benefit of the citizens they serve, desire to enter into an agreement to provide certain services to each other; and, WHEREAS,the City finds that the expenditure of public funds in support of the operations of the District accomplishes a valid public purpose; and WHEREAS, NISD requested financial assistance for NISD Summer Recreation Program; and WHEREAS, the City of Nederland previously funded a summer recreation program with the last financial support for this program in 2023. NOW, THEREFORE, IT IS AGREED that the City shall provide financial assistance for the NISD Summer Recreation Program under the following terms and conditions, and the parties hereto agree with said conditions: 1) TERM. The term begins on the day this Agreement is last executed by the Parties and continues until August 31, 2024 or until all services have been rendered, the funding under this Agreement is distributed and all audits and reviews of the expenditures of funding are completed by the City, unless terminated earlier under any provision of it. 2) DEFINITIONS. a. Summer Recreation Program includes a variety of activities such as team sports, arts &crafts, and quiet games;the goal of the program is to develop and improve physical skills, help develop socialization skills, and allow students to be active and mentally stimulated during the summer break. Elementary school students will attend the Program at Central Middle School, and Middle school students will attend the Program at Nederland High School. There is no cost for students to attend the Program. b. Eligible Expenditures means necessary Program expenditures to include salary and benefits, supplies, etc. c. Expense Documentation means complete, accurate itemized invoices, receipts for services, goods, or benefits, and other appropriate supporting documentation. d. Public Information Act means Texas Government Code, Chapter 552. e. Records means any invoices, receipts, and other appropriate supporting documentation, papers, reports, records, books, data, and other documents that are reasonably pertinent to the fulfillment of the requirements of this Agreement. 3) REPRESENTATIONS AND WARRANTIES OF DISTRICT. The District represents and warrants that the donated funds will be utilized for reimbursement of necessary expenditures incurred due to the Summer Recreation Program. The District represents and warrants that District does not intend to and will not use the donated funds being transferred to it to fill shortfalls in the District's revenue to cover expenditures that would not otherwise qualify as an eligible expenditure. 4) DISTRICT'S SCOPE OF SERVCES AND OBLIGATIONS. a. The District must send requests for reimbursement with all necessary Expense Documentation to: Christopher Duque, City Manager City of Nederland P.O. Box 967 Nederland,Texas 77627 b. The District shall submit all required documentation to show expenses and payment for the Summer Recreation Program. c. The District shall reimburse and return to the City within thirty days of notice by City any portion of the donated funds that the City deem was not used pursuant to the terms of this Agreement. The District shall document and justify that each expenditure was an eligible expenditure in compliance with the Agreement. The District shall allow inspection of all Expense Documentation and Records related to its expenditure of its donated funds under this Agreement upon reasonable request. The District shall pay City's reasonable and necessary attorney's fees and costs if City is required to undertake litigation against District to enforce the terms of this Agreement to the extent allowed by law. 5) SUPERVISION OF DONATED FUNDS. The City shall donate to the District in an aggregate amount up to$25,000.00 for the Summer Recreation Program if the District: a. Provides supporting documentation to show expenses incurred for the Summer Recreation Program; b. Complies with the reporting requirements in this Agreement on a timely basis; 6) REPORTING REQUIREMENTS AND ACCOUNTABILITY. a. Required Documentation. The District must submit complete, accurate Expense Documentation as required by the City,following the completion of the services or activity and disbursement of the funds related to them. b. Maintenance and Retention of Records. The District shall keep and maintain its Records that are reasonably pertinent to the fulfillment of the requirements of this Agreement in standard accounting form. c. Access to Records and Audit. The District grants City and any of its duly authorized representatives the right to timely and unrestricted access to any District Records that are pertinent to the fulfillment of the requirements of this Agreement, to perform audits, examinations, excerpts, transcripts, and to substantiate the provision of services under this Agreement. District shall furnish all Records to authorized City personnel, at reasonable times and within reasonable periods. This right also includes the right to timely and reasonable access to District's personnel for the purpose of reviewing, interviewing, evaluating, monitoring and making copies of Records related to these audits and examinations. d. Requirement to Address Audit Findings. If any audit, monitoring, investigations, review of awards, or other compliance review reveals any discrepancies, inadequacies, or deficiencies which are necessary to correct in order to maintain compliance with this Interlocal Agreement, applicable laws, regulations, or the District's obligations hereunder, District agrees to propose and submit to City a corrective action plan to correct such discrepancies or inadequacies within thirty calendar days after the District's receipt of the findings. District's corrective action plan is subject to the approval by the City, District understands and agrees that District must make every effort to address and resolve all outstanding issues, findings, or actions identified by the City through the corrective action plan or any other corrective plan. District agrees to complete any corrective action approved by City within the time period specified by City and to the satisfaction of City, at the sole cost of District. District shall provide to City periodic status reports regarding District's resolution of any audit, corrective action plan, or other compliance activity for which District is responsible. 7) CONFIDENTIALITY. The Parties acknowledge that City and District are subject to the Texas Public Information Act. Despite any other provision,the Parties agree that if any provision of this Agreement, or other documents related to this Agreement, including any exhibit, attachment, amendment, addendum, or other incorporated document, is in conflict with the Public Information Act, that provision shall not have any force or effect. The Party that receives a Public Information Act request for documents related to this Agreement or any program undertaken pursuant to this Agreement shall handle that request. 8) GENERAL FISCAL TERMS AND CONDITIONS. a. Not to Exceed Amount. The District understands and agrees that the maximum total amount reimbursable for the services and funds distributed through the Summer Recreation Program under this Agreement shall not exceed the$25,000. City shall not pay for any services nor distribute any funds that would cause the amounts paid under this Agreement to exceed the Not to Exceed Amount. b. Prevention of Fraud and Abuse. The District shall establish, maintain and use internal management procedures sufficient to provide for the proper, effective management of all activities funded under this Agreement. District shall report any known or suspected incident of fraud or program abuse involving Districtls employees or agents immediately to the City in writing. City and District agree that every person who, as part of their employment, receives, disburses, handles or has access to funds reimbursed pursuant to this Agreement does not participate in accounting or operating functions that would permit them to conceal accounting records and the misuse of said funds. 9) AMENDMENTS AND CHANGES IN THE LAW. a. A modification, amendment, novation, renewal or other alteration of this Agreement shall not be effective unless mutually agreed upon in writing, approved by City and executed by the Parties. b. Any alteration, addition or deletion to this Agreement which is required by changes in federal law, federal guidance, or state law are automatically incorporated into this Agreement without written amendment to it and are effective on the date designated by that Iaw or guidance. c. The District may not assign its rights and duties under this Agreement. Any assignment attempted shall be null and void. 10)REMEDIES FOR NON-COMPLIANCE AND TERMINATION. If the City determines that the District materially fails to comply with any term of this Interlocal Agreement, the City, in its sole discretion may take actions including: • Disallowing or denying use of funds for all or part of the cost of the activity or action not in compliance; • Wholly or partially suspending or terminating this Interlocal Agreement; • Requiring return or offset of previous reimbursements; • Terminating this Interlocal Agreement; • Imposing a corrective action plan; • Taking other remedies or appropriate actions. a. Upon the occurrence of an Event of Default, the non-defaulting party shall deliver written notice of said default, in accordance with the notice provisions contained in this Agreement, specifying the specific Events of Default and the action necessary to cure such defaults. The defaulting party shall have fourteen (14) calendar days after receipt of the written notice to cure such default. If the defaulting party fails to cure the default within such cure period, or take steps reasonably calculated to cure such default, the non-defaulting party shall have the right, without further notice,to terminate this Agreement. b. Termination. At its option,the City may terminate this Agreement, in whole or part, with or without cause, by giving thirty(30) days prior written notice to District. The City's termination of this Agreement shall not subject City to liability for any reason 11)NOTICE. a. Method. Any notice to be given under this Agreement is deemed to have been given if given in writing and delivered in person or mailed by overnight or Registered Mail, postage pre- paid,to the party who is to receive the notice at the addresses included herein. Such notice is deemed to have been given three (3) Working Days after the date it was delivered or mailed. b. Addresses for Notice. TO DISTRICT: TO CITY: Dr. Stuart Kieschnick Christopher Duque Superintendent, Nederland ISD City Manager 220 17th Street P. O. Box 967 Nederland,Texas 77627 Nederland,Texas 77627 c. Change of Address. Each Party may change its address for notice by giving Notice of the new address. 12)IMMUNITY. a. City Immunity. This Agreement is expressly made subject to City's Sovereign Immunity,Title 5 of the Texas Civil Practices and Remedies Code and all applicable federal and state law.The Parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver of any immunities from suit or from liability that the City has by operation of law b. District Immunity. This Agreement is expressly made subject to District's Sovereign Immunity,Title 5 of the Texas Civil Practices and Remedies Code and all applicable federal and state law.The Parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver of any immunities from suit or from liability that the District has by operation of law. 13)MISCELLANEOUS. a. The District shall comply with all federal, state, and local statutes, ordinances, rules, regulations applicable to the performance of this Agreement. District is responsible for ensuring this compliance. b. This Agreement is binding upon City and District and their respective heirs, successors, executors, administrators and assigns. c. Severability. If any portion of this Agreement is ruled invalid or unenforceable by a court of competent jurisdiction, the remainder of the Agreement remains valid and enforceable. d. This Agreement including the Exhibits incorporated as a part of it are the entire agreement relating to the subject matter of it between the Parties and supersedes any other agreement about the subject matter of this transaction, whether oral or written, and except otherwise provided herein, this Agreement may not be modified. Each Party acknowledges that the other Party, or anyone acting on behalf of the other Party has not made any representations, inducements, promises or agreements, orally or otherwise, unless those representations, inducements, promises or agreements are stated in this Agreement, expressly or by incorporation. e. The District, including its employees, agents and licensees, is an independent contractor and not an agent, servant,joint venture or employee of City. District is responsible for its own acts, omissions, forbearance, negligence and deeds, and for those of its agents or employees in conjunction with the performance of services or disbursement of funds under this Agreement. District is specifically responsible for sufficient supervision and inspection to ensure compliance in every respect with the requirements of this Agreement. There shall be no contractual relationship between City and any subcontractor, agent, employee or supplier of District by virtue of this Agreement. 14)SIGNATURES AND EXHIBITS. This Agreement may be executed in duplicate originals and is effective when executed by both Parties. The persons signing this Agreement for the Parties represent and warrant that they are officers of entity for which they have executed this Agreement and that they have full and complete authority to enter into this Agreement on behalf of their respective entity and that their executions are the acts of the Parties involved and have been delivered and constitute legal, valid and binding obligations of the respective Parties. PASSED AND APPROVED by the City Council of the City of Nederland on this the 8t' day of April, 2024. ut—a4P-4'v"-f on Albanese, Mayor City of Nederland, Texas ATTEST: 4 t' takAii/OW Joni U �•erwood, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: eitia .fir- l3� 1%.‘t u�uurrrrrruq��'',� Chris Leavins, City Attorney `��� C-----�F,� �- City of Nederland, Texas ••�'-- °0- �Ir Oj v= PASSED AND APPROVED by the Board of Trustees of the Nederland Independent School District on this 1st,day of. Avrii I , 2024. . _...,407 _doge Nederland Independent S« cot District I