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Home My WebLink AboutPACKET APR 10 2007 EL City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 10, 2007 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Approve the purchase of a backhoe for use in the Streets and Drainage Division B) Authorize the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-MI Project for"extra work" C) Approve a contract for the City of Beaumont's Fourth of July Celebration fireworks display A .a. City Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max Duplant, Chief Financial Officer MEETING DATE: April 10, 2007 AGENDA MEMO DATE: April 2, 2007 REQUESTED ACTION: Council approval of the purchase of a loader backhoe. RECOMMENDATION Administration recommends the purchase of a Case 580 Super M Loader Backhoe for the Public Works Department, Streets and Drainage Division,through the Houston-Galveston Area Council (H-GAC)cooperative purchasing program in the amount of$57,112.76. BACKGROUND The tractor loader backhoe will be used by the Streets and Drainage Division for the removal and replacement of deteriorated sections of concrete pavement and for the repair of storm sewer pipe throughout the City. The contracted vendor is Equipment Support Services, Inc. of Houston. The cost of the unit, including the H-GAC administrative fee of$844.03 is $57,112.76. Warranty service will be provided by the local Case dealer. The standard warranty is one(1)year. Delivery of the unit will be within ninety(90) days. Unit 5131, a 1998 Ford tractor backhoe, will be replaced and disposed of according to the City's surplus equipment disposal policies. BUDGETARYIMPACT Funds are budgeted for this purchase in the Capital Reserve Fund. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of a Case 580 Super M Loader Backhoe for the Public Works Department, Streets and Drainage Division, through the Houston-Galveston Area Council(H-GAC)Cooperative Purchasing Program in the amount of$57,112.76. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of April, 2007. - Mayor Guy N. Goodson - B City Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Hani J. Tohme, Water Utilities Director MEETING DATE: April 10, 2007 AGENDA MEMO DATE: April 3, 2007 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XII Project for"extra work". RECOMMENDATION Administration recommends approval of increasing the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XII Project amount by$31,670.The proposed changes to the contract will rehabilitate approximately 710 linear feet of 8-inch sanitary sewer lines, remove approximately 420 linear feet of existing deteriorated 4-inch liner pipe,install one manhole in the street, install one end of line clean out,pre-televise and post televise the rehabilitated lines, replace two service connections and increase the contract time 45 calendar days. The proposed extra work will represent an increase of 2.12%of the original contract amount. The proposed extra work is for the areas on Fort Drive and Lufidn Avenue. BACKGROUND The existing sewer lines built in the 1950's have deteriorated and require major rehabilitation. The primary goals of the project are to restore the integrity ofthe sanitary sewer lines,restore the carrying capacity, provide customers with uninterrupted and adequate service and meet the Sanitary Sewer Overflow Initiative agreement requirements with the state. Previous actions include: Resolution 07-005 in the amount of$1,491,195.00 was passed by City Council on January 9, 2007. This Change Order is recommended for approval by the City Manager and the Water Utilities Director. BUDGETARY IMPACT Funds for the project are available in the Capital Improvement Program. APPROVAL OF CONTRACT CHANGE Change Order No. 1 Date:March 30,2007 Project: City of Beaumont Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XII Project Owner: City of Beaumont P.O.Box 3827 Beaumont,Texas 77704 Contractor: Allco,Ltd. P.O. Box 3684 Beaumont,TX 77704-3684 To the Owner: Approval of the following contract change is requested. Reason for Change: To increase the contract amount for"extra work" performed by the Contractor to rehabilitate approximately 710 linear feet of 8-inch sanitary sewer lines,remove approximately 420 linear feet of existing deteriorated 4-inch liner pipe,install one manhole in the street,install one end of line clean out,pre-televise and post televise the 710 linear feet of rehabilitated lines,replace two service connections and increase the contract time 45 calendar days. ORIGINAL CONTRACT AMOUNT $ 1,491,195. THIS CHANGE ORDER: Description Net Chance Rehabilitate 710 linear feet of 8-inch sanitary sewer line. $20,590. Remove 420 linear feet of deteriorated 4-inch liner pipe. 4,200. Install one manhole in the street. 2,745. Install one end of he clean out. 595. Pre-televise 710 linear feet of the rehabilitated lines. ' 2,130, Post televise 710 linear feet of the rehabilitated lines. 710. Replace two service connections. $ 700. TOTAL AMOUNT OF THIS CHANGE ORDER: $31,670. TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $1,522,865. CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost of,and the time required to perform the entire work under Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive, mutually agreed upon adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." Recommended By: Approved By: Accepted By: Dr.Hani Tohme,P.E. City of Beaumont Allco,Ltd. Water Utilities Director Owner Contractor Date: Date: Date: RESOLUTION NO. WHEREAS, on January 9, 2007, the City Council of the City of Beaumont, Texas, passed Resolution No. 07-005 awarding a contract in the amount of$1,491,195 to Allco, Ltd. for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XII Project; and, WHEREAS, Change Order No. 1 is required for extra work to rehabilitate approximately 710 linear feet of 8-inch sanitary sewer lines,remove approximately 420 linear feet of existing deteriorated 4-inch liner pipe, install one manhole in the street, install one end of line clean out, pre-televise and post-televise the rehabilitated lines, replace two service connections and increase the contract time 45 calendar days, increasing the contract amount by $31,670 thereby increasing the contract amount to $1,522,865. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute Change Order No. 1 increasing the contract amount by $31,670 for a total amount of $1,522,865 for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XII Project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of April, 2007. - Mayor Guy N. Goodson - c ....., City Council Agenda Item �Z . • TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer MEETING DATE: April 10, 2007 AGENDA MEMO DATE: March 30, 2007 REQUESTED ACTION: Council approval of a contract for the City of Beaumont's Fourth of July Celebration fireworks display. RECOMMENDATION Administration recommends the approval of a contract with Alpha-Lee Enterprises,Inc. for the City of Beaumont's Fourth of July Celebration fireworks display on July 4, 2007 in the amount of $25,000. BACKGROUND Alpha-Lee Enterprises,Inc.of Friendswood,Texas has provided the City's Fourth of July fireworks display for the past twenty-two (22) years. This service is exempt from competitive bidding since it is a personal service of an artistic nature. Alpha-Lee provides an aerial fireworks display which lasts approximately 16-18 minutes and includes the firing of more than 1,000 various size shells. The $25,000 fee includes all labor, equipment, transportation, insurance, and permits necessary to produce a professional fireworks display on July 4, 2007. The contract includes a rain date of July 5, 2007. BUDGETARY IMPACT Funds are available for this service in the General Fund. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves a contract in the amount of$25,000 with Alpha- Lee Enterprises, Inc., of Friendswood, Texas, for the City of Beaumont's Fourth of July Celebration fireworks display. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of April, 2007. - Mayor Guy N. Goodson - �r t7i ,jsLAAAAA2A=V@WmL City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 10, 2007 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-6/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider repealing Chapter 17 of the Code of Ordinances related to massage parlors 2. Consider amending Chapter 18 of the Code of Ordinances related to offenses and miscellaneous provisions 3. Consider approving a resolution terminating the collective bargaining agreement between the City of Beaumont and International Association of Firefighters' Local Union No. 399 effective September 30, 2007 and instructing the City Manager to communicate in writing to the Union that the City stands ready, willing and able to negotiate a new agreement 4. Consider authorizing the City Manager to execute an agreement with the Texas Health and Human Services Commission to participate in the Summer Food Service Program 5. Consider approving the purchase of an excavating and grading machine for use by the Streets and Drainage Division 6. Consider approving a one(1)year contract for the purchase of corrugated polyethylene pipe for use by the Streets and Drainage Division 7. PUBLIC HEARING: Receive comments on the Public Services, Emergency Shelter Set-Aside and Public Facilities& Improvements line items of the 2007 Consolidated Grant Program COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting. 1 April 10,2007 Consider repealing Chapter 17 of the Code of Ordinances related to massage parlors �� ...... City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Jim Thompson, Parks and Recreation Director MEETING DATE: April 10, 2007 AGENDA MEMO DATE: April 4, 2007 REQUESTED ACTION: Council consider repealing Chapter 17 of the Code of Ordinances. RECOMMENDATION Administration recommends repealing Chapter 17 of the Code of Ordinances. BACKGROUND At a worksession on January 16, staff discussed the process to be used to update the Code of Ordinances. The process includes the repeal of codes that are no longer needed. Information related to Chapter 17 was provided to Council for review. In accordance with the plan, staff is proposing that Chapter 17, related to massage parlors, be repealed. These services are now regulated by the Texas Department of State Health Services under Chapter 455 of the Occupations Code. The city's zoning requirements and similar regulations will not be affected by this action. Additional chapters will be brought forward in subsequent weeks until the full review is complete. BUDGETARY IMPACT The recodification will cost an estimated $20,000. Funds are available in the FY 2007 Operating Budget. Chapter 17 Reserved. RMARRAGE, PARLORS* - - - - - --flm or-ItWAR Vw ---- - - .............. 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MIN" ......... ........ ........... ---—--- ........ M-MV1 r-T-'Illr-r-TO-1-11 M-W-1 MET' 1M M.M.—M-MIRMC7 TVN'.T".MUMCMVI V, UnTw"Emm. a) ct: -u (b cr lk m 70 X ch & -T Cc tt 4mp d -V C-5 co a All I W 0-------- ............. 3n Ilml. . . ..... .r-wfflrm. .W_ . ........................ . . ........... .......... --- -- --W."72M r r.W r.M Mr-T.0 M.,0. M"Will ............... WORPOOM myl. ............... ....... M Ir IV __r M. ROOM. &N. one -"M 1—WOMMM. ir.0.0~_. . ............ n MIN ............. cwr.mm —---------- ................. r.T=.'M ".T.�_ . ROM-1 .......------ c arm r-9cT=., r.,0 V T 7 orr.TME lm:r.orP." .101012 J" 0.0 MOM-"M mr- Cwt, A&PIN - WO1-M]"T.�. ------------ ....... I N.W_. I M. mff�. rzrzwr- 01".4-ft.......... .............. r.Uff'.T7-MMr.rTMVMl IV W.Tz.v-" ......... Z�w I MEL-Mmm F 'T=Zr. eT .:Md SeG. 17 7-4. Name and place of bu Ser. 17-7-6. TFansleF Of license. rae-r.. 17-7-6. Violatien, penalty. who ---Fates a massage 96tabli&FR9M OF aRy 9f the 6eFViGe__G UGM the Gity of Beaument OF shall violate aRy PFGV*SiGRS of aFt*G!9 shall be guilty of a Sec. 17-77. Severability; effect. theFee#: , PFGfesr,,ffieR G4 massage, at the time ef the 9RaGtFABRt of this aFtiGle shall have 6WY (60) days DR WhGh W G9FRPIY With the !*G9R6mRg PFGVi6iGR6 of this aFtiGI9. Sam. 17-78. Repealer. 77) i ORDINANCE NO. ENTITLED AN ORDINANCE REPEALING CHAPTER 17, MASSAGE PARLORS, OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. WHEREAS, the City of Beaumont endeavors to maintain a clear, comprehensible, and cohesive Code of Ordinances; and, WHEREAS, the City is therefore revising its Code to comport with current law and court interpretation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That Chapter 17, Massage Parlors, be and the same is hereby repealed. Section 2. That if any section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to a particular set of persons. or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 10th day of April, 2007. - Mayor Guy N. Goodson - 2 April 10,2007 Consider amending Chapter 18 of the Code of Ordinances related to offenses and miscellaneous provisions �- •,•,,, City Council Agenda Item ML TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Jim Thompson, Parks and Recreation Director MEETING DATE: April 10, 2007 AGENDA MEMO DATE: April 4, 2007 REQUESTED ACTION: Council consider amendments to Chapter 18 of the Code of Ordinances. RECOMMENDATION Administration recommends approval of the amendments proposed for Chapter 18 of the Code of Ordinances. BACKGROUND At a worksession on January 16, staff discussed the process to be used to update the Code of Ordinances. In accordance with the process that was put in place,the proposed changes to Chapter 18, related to the offenses and miscellaneous provisions, were provided to the City Council for review. Following the plan, Chapter 18 is being brought forward for consideration and approval. Additional chapters will be brought forward in subsequent weeks until the full review is complete. BUDGETARYIMPACT The recodification will cost an estimated $20,000. Funds are available in the FY 2007 Operating Budget. Chapter 18 OFFENSES AND MISCELLANEOUS PROVISIONS Art. I. In General,§§ 18-1--18-13.1 Art. II. Imitation Controlled Substances,§§ 18-14--18-18 Art. III. Prostitution Loitering,§§ 18-19--18-21 Art. IV. Smoking,§§18-22--18-24 Art.V. Graffiti,§§ 18-25--18-28 Art. VI. Solicitation to Purchase or Acquire A Controlled Substance,Controlled Substance Analogue, Dangerous Drug or Volatile Chemical,§§ 18-29--18-31 ARTICLE 1. IN GENERAL Sec. 18-1. Fireworks—Prohibited generally. It shall be unlawful for any person to give away, sell, offer or expose for sale, or have in possession with intent to give away, sell or to use, discharge or cause to be discharged, ignited, fired or otherwise set in action, or to possess with the intent to discharge or cause to be discharged, ignited, fired or otherwise set in action within the limits of the city, any fireworks, firecrackers, rockets, sparklers, torpedoes, Roman candles, fire-balloons or other fireworks or substances of any combination whatsoever designed or intended for pyrotechnic display except as hereinafter provided. (Code 1958, §23-10) Cross references: Fire protection and prevention, Ch. 10. State law references: See VTCS, Art. 9205. Sec. 18-2. Same—Exceptions from prohibition. Section 18-1 shall not apply to the sale of any such article or articles by wholesalers to each other, or to the sale of any such article or articles at wholesale to merchants conducting business entirely without outside the city, or to the sale by wholesalers for private or public demonstrations as hereinafter provided, or to the storage of any such article or articles by such wholesalers for any of such purposes, or to the sale, storage or use of colored flares or railroad track torpedoes or other transportation signaling devices, or to the sale, storage or use of flashlight composition by photographers or dealers in photographic supplies, or to the sale, storage or use of blank cartridges for theatrical purposes or for signal purposes in athletic contests or sports events, for the use of any police organization or federal or state militia. (Code 1958, §23-11) Sec. 18-3. Same—Supervised displays; permit required, contents of application. Permits for the public or private display of fireworks may be issued by the fire chief, provided, a person desiring to display any fireworks shall apply in writing to the fire chief for a permit at least fifteen (15) days in advance of the date of the proposed display and shall set forth: (1) The name of the organization sponsoring the display together with the names of persons actually in charge of the firing of the display. (2) The date and time of day at which the display is to be held. (3) The exact location planned for the display. (4) A description setting forth the age, and experience in the display of fireworks, of the persons who are to do the actual discharging of the fireworks. (5) The number and kinds of fireworks to be discharged. (6) The manner and place of storage of such fireworks prior to the display. (7) A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways, telegraph, telephone or other overhead obstructions and trees located within two hundred (200) yards from the point at which the fireworks are to be discharged and the lines behind which the audience will be restrained. Such permit shall not be granted unless such display shall be of such a character and so located, discharged or fired as in the opinion of the said fire chief, after proper study of the application and proper inspection of the proposed premises, shall not be hazardous to property or endangering to any person. (Code 1958, §23-12) Sec. 18-4. Same—Presence of fire chief at demonstration. IThe fire chief or his designee shall have the right to be present at the discharge of any public or private display of fireworks for which a permit has been issued hereunder and shall have the right to cause the same to be stopped unless it is conducted in strict accordance with the statements made in the application for the permit. (Code 1958, §23-13) Sec. 18-5. Radio, tuning to police or fire department frequency. It shall be unlawful for any person to install, or permit to be installed, use or permit to remain in any automobile, including any taxicab, wrecker or ambulance or other vehicle, any radio tuned to the shortwave radio frequency of the police department, or the shortwave frequency of the fire department, without first having obtained the permission of the chief of police or the fire chief of the city respectively. (Code 1958, § 23-26) Sec. 18-6. Telephonic alarm systems. (a) It shall be unlawful for any person to install, operate or maintain a telephonic alarm system which automatically transmits a signal, message or warning to any telephone line of the police department or fire department of the city. (b) A "telephonic alarm system" is defined to mean any mechanism, equipment or device which is designed to operate automatically through the use of public telephone facilities, to transmit a signal, message or warning to another location. (Code 1958, §23-45) Cross references: Alarm systems, Ch. 2 1/2. Sec. 18-7. Weapons—Discharging firearm. It shall be unlawful for any person, except a peace officer in the discharge of his official duties, to discharge any firearm within the city. It is an exception to this prohibition if the firearm is discharged within an indoor firearm range, operated by a person or entity with all permits or licenses required to operate such a facility, that meets the following requirements: (1) The structure must be constructed in such a manner that a bullet of the maximum caliber allowed to be fired within the range may not escape from the structure. (2) The range must utilize bullet traps that prevent the bullet from escaping from the structure and, in addition, minimize the escape of lead particles into the air, both inside and outside the structure. (3) The ventilation of the structure must meet all regulations applicable to such use, including, but not limited to, the regulation of the Environmental Protection Agency and the state commission on environmental quality. (4) The structure must be constructed such that noise from the structure during use will not cause a disturbance to those across the real property boundary of the facility. (5) The building official is charged with enforcement of this section and may not issue a certificate of occupancy for the structure and other properties associated with the use of the structure until it meets the requirements of this section and all other applicable codes of the city. (6) Any interpretation of this section by the building official may be appealed to the building board of adjustment in accordance with the ordinances applicable to such appeal. (Code 1958, §23-37; Ord. No. 04-010, § 1, 2-10-04) Cross references: For prohibition against bringing firearms into parks, §20-7. State law references: Firearms, VTPC, §43.01 et seq.; weapons, §46.01 et seq. Sec. 18-7.5. Unlawful to carry firearms on vehicles operated by Beaumont municipal transit. It shall be unlawful for a person intentionally, knowingly or recklessly to enter a vehicle owned or operated by the Beaumont municipal transit with a handgun or other firearm capable of being concealed on the person. It is a defense to prosecution that the actor possessed a firearm while traveling to or from the actor's place of assignment or in the actual discharge of duties as: (1) A peace officer; (2) A member of the armed forces or National Guard; (3) A guard employed by a penal institution; or, (4) A security officer commissioned by the Texas Board of Private Investigators or Private Security Agencies if: a. The actor is wearing a distinctive uniform; and, b. The firearm is in plain view. (Ord. No. 95-76, § 1, 12-12-95) Editor's note: Ord. No. 95-76, § 1, adopted Dec. 12, 1995, amended the Code by adding provisions designated as section 18-32. In order to group provisions pertaining to similar subject matter together, the editor has redesignated the provisions of Ord. No. 95-76 as Section 18-7.5. Sec. 18-8. Same--Discharging missiles. It shall be unlawful for any person to discharge gravel, marbles, shot or any projectile, missile, object or material out of a gravel shooter, blowgun, air gun, rubber sling or compressed gas, compressed air or spring device; provided, however, that this section shall not be construed to prevent the use of a compressed air device for the delivery of handbills, circulars or newspapers; and provided that this section shall not apply to the sport of archery when it is practiced on the property of the participant or on property upon which the participant has permission to practice archery, nor shall it apply to organized sports or adventure games employing the use of a low velocity gas powered gun or air gun, so long as the game is played or practiced under supervision, and on private property owned or leased by the participant or sponsor of the game, without the use of any metallic pellet or projectile, and no closer than three hundred (300) feet to any place of human habitation, and employing marker pistols or marker guns, with nonmetallic chalk-type pellets or paint pellets. It shall, however, be unlawful for any person to propel an arrow or any other projectile onto or over the property of another who has not given permission to the participant to propel an arrow or other projectile onto or over this property. (Code 1958, §23-38; Ord. No. 76-26, § 1, 2-24-76; Ord. No. 85-37, § 1, 3-26-85) Sec. 18-9. Wounds or injury received under suspicious circumstances-- Report by doctors, nurses and ambulance drivers. Whenever any person has been shot and wounded, or killed, through the discharge of firearms of any character, whether such discharge shall be accidental or otherwise, or has suffered an injury of any character as a result of any affray, assault or accident, it shall be the duty of all doctors, surgeons, nurses and ambulance drivers, having such information, to immediately report the fact of such injury or death and all information they may have of the cause of, and circumstances surrounding, such injury or death, with the person's name and address, if known, to the police department. (Code 1958, §23-41) State law references: See VTCS, Art. 4447p. Sec. 18-10. Same—Report by hospital attendants. All persons in charge of any hospital, clinic or similar institution located within the city, receiving any person so shot, wounded or killed or otherwise injured, as set forth, in section 18-9, whether living or dead at the time of admission, shall immediately report to the police department the fact of the admission of any such person to the institution, the time of admission, character of injury or cause of death, name and address of such person, and any other information or knowledge they may have of the cause of and circumstances surrounding such injury or death. (Code 1958, §23-42) Sec. 18-11. Same--Applicability of requirements as to reports. The provisions of sections 18-9 and 18-10 shall apply to all cases where persons are shot, wounded, killed or injured, as set forth in section 18-9 within the city, as well as in all cases where such persons are brought into the city for treatment at any hospital, clinic or similar institution, located within the city. (Code 1958, § 23-43) Sec. 18-12. Reserved. . , PF96GFibiR9, if he 06 F9qWiFed by law to be s9 Fe&WF8d. The per4sen filling the the PF96GFiPti9A. The PF96GFiPtiGR 6hall -he retained n_R file -by the PF9PFiet9F G4 the entern-A-Ment of this (G) It shall likewise he --imi-amd-W far any peFsen to PUFGhase or reneive A-wh „ „ phaFaaeist: (9) The tGFFA „ , , AM 4 476 15. Sec. 18-13. Reserved. , Gements and paintsm (a) F=xGept as etheFwise pFe;x*d-R-d- be-re-in, no peFson shall sell, 9#9F foF sale, delive (1) To'!" (2) 14exaRe (3) T-FiGhlOF99thy'9RO (4) AGetGRe e (6) Ethyl n a (7) Methyl Eithyl K8tGRe (8) TFiGhI9FG9thaR9 (9) ISOPFOPaRg' (10) Methyl Isebutyl K9t9R9 (14) Methyl Gelloselve AGetate (12) GyGl9h9XanGR9 s sold, deliveFed OF gwY8R simultaReously with and as paFt of a kit used for the GORStF6lGte9R of model aoFp!aReS, Fnedel beats, model automobiles, model tr-WAS Q_F Sec. 18-13.1. Reserved. ; Plus, (2) or-(3) if appliGablG of amilo 1,200.0-0 Ewelir,, Ch ditGF'S ARTICLE II. Reserved. IMITATION CONTROLLED CI IQCTA CESA forth. ManufaGtuFe,. The V.G.T.S. > PF9paFatmeR, Gompeunding, PF , , Of th9 GORtF011ed 61-09-t-ARG-9- it is alleged to imitate, , , 64 92) . , , u• n n made" whetheF the substaRGe is an n n 6869; , (Aril AID. 82 59 § i 66 1 82) ARTICLE 111. PROSTITUTION LOITERING* *Editor's note: Ord. No. 84-92, § 1, adopted July 10, 1984, amended the Code by adding provisions designated as Art. III, §§ 18-19, 18-20; and § 2, thereof has been included herein as § 18-21. Sec. 18-19. Definitions. In the interpretation of this article, the following words and terms are to be used and interpreted as defined hereafter: Act of prostitution. Offers to engage, agrees to engage, or engages in sexual conduct for a fee or solicits another in a public place to engage with him or her in sexual conduct for hire. Known prostitute or panderer. A person who, within one (1) year previous to the date of arrest for violation of this section, has within the knowledge of the arresting officer been convicted of violating the statute of the State of Texas defining and punishing acts of soliciting, committing, or offering or agreeing to commit an act of prostitution. Loiter. Remaining idle in essentially one place and shall include the concepts of spending time idly, loading or walking about aimlessly. Inducing. To invite or appeal to someone to engage in illicit sexual activity. Enticing. To wrongfully solicit, persuade, attract, coax, seduce, lure or tempt someone to commit an act of prostitution. Soliciting. To accost, lure or tempt someone with immoral intentions into unlawful conduct by seduction. Procuring. To get and make available a person for an act of prostitution. Hailing. To call out or greet someone with enthusiasm in an effort to solicit an act of prostitution. Beckons. To summon or signal by a wave of the hand, a nod or other gesture with the intent of soliciting an act of prostitution. Thoroughfare. A street or passage through which one can travel. Assignation. The making of any appointment or engagement for prostitution or lewdness or any act in furtherance of such appointment or engagement. Sexual conduct. Includes homosexual relations, deviate sexual intercourse, sexual contact, and sexual intercourse. (Ord. No. 84-92, § 1, 7-10-84) Sec. 18-20. Prohibiting acts of loitering for purposes of prostitution. It shall be unlawful for any person to intentionally, knowingly, or recklessly loiter in or near any thoroughfare, street, highway, or place open to the public in a manner and under circumstances manifesting the intent of inducing, enticing, soliciting, or procuring another to commit an act of prostitution or assignation. Among circumstances which may be considered in determining whether such purpose is manifested are: That such person is a known prostitute or panderer; repeatedly beckons to, stops or attempts to stop, or engages passers-by in conversation; or repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms, or any other bodily gesture. No arrest shall be made for a violation of this subsection unless the arresting officer first affords such person an opportunity to explain such conduct, and no one shall be convicted of violation this section if it appears that at trial the explanation given was true and disclosed a lawful purpose. (Ord. No. 84-92, § 1, 7-10-84; Ord. No. 86-11, § 1, 2-18-86) Sec. 18-21. Violation; penalty. Every person who violates the provisions of this article shall be guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than the maximum fine prescribed by section 1-8 of this Code for each offense. (Ord. No. 84-92, § 2, 7-10-84; Ord. No. 92-41, § 1, 5-5-92) ARTICLE IV. Reserved. SMOMI6► et#er�ise: Sea— 4 8-23. PFGhiblted sm9king weas designated within the Gity; . e*sept+ens. be previded URdeF this 69069R may be fUFR66hed ii; aRy 9R9 9F mere of the feilewffiRg pmhibited. (3) If the 9R49ty 9f the eRG1069d aFea has beeR designated as an exGeptieR thereir;. ARTICLE V. GRAFFITI Sec. 18-25. Graffiti—Prohibited. It shall be unlawful for any person to write, paint or draw upon any wall, rock, bridge, fence, gate, other structure, tree or other real or personal property either publicly or privately owned, any drawing, inscription, figure or mark of the type commonly known and referred to as graffiti without the permission of the owner or operator of such property. (Ord. No. 93-52, § 1, 8-24-93) Sec. 18-26. Same—Violation; penalty. (a) Every person who violates the provisions of section 18-25 shall be guilty of a misdemeanor and punished by a fine of not less than one dollar ($1.00) nor more than five hundred dollars ($500.00). (b) Upon second or subsequent conviction for a violation of this article the person shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). (c) For purposes of this section "conviction" includes a charge dismissed or disposed of by deferred adjudication or similar probation. (Ord. No. 93-52, § 1, 8-24-93) Sec. 18-27. Entrance by police for investigation. Upon detecting the existence of graffiti upon private property, which graffiti is visible from any area open to the public, a police officer may at any reasonable hour enter upon the private property within his jurisdiction for the purpose of inspecting and documenting the existence and nature of the graffiti and determining the ownership of the premises upon which the graffiti is located. (Ord. No. 93-52, § 1, 8-24-93) Sec. 18-28. Removal of graffiti. If the chief of police or his designated representative determines that the graffiti is located on a publicly or privately owned structure on public or private property within the city and is visible from any public place or public right-of-way then the chief of police or his designated representative may provide for the removal of the graffiti at city expense if: (1) The structure is owned by a public entity other than the city and removal of the graffiti is authorized with the consent of the public entity having jurisdiction over the structure; or (2) The structure is privately owned and the city obtains consent and waiver of liability from the owner; or (3) The owner of the property cannot be found or will not respond to notification by the city. (Ord. No. 93-52, § 1, 8-24-93) ARTICLE VI. SOLICITATION TO PURCHASE OR ACQUIRE A CONTROLLED SUBSTANCE, CONTROLLED SUBSTANCE ANALOGUE, DANGEROUS DRUG OR VOLATILE CHEMICAL* *Editor's note: Ord. No. 93-68, § 1, adopted Nov. 16, 1993, amended the Code by enacting provisions designated as Art. V, §§ 18-25--18-27. In order to avoid duplication of article and section numbers, the editor has redesignated the provisions of Ord. No. 93-68 as a new Art. VI, §§ 18-29--18-31. Cross references: Imitation controlled substances, § 18-14 et seq. Sec. 18-29. Definitions. As used in this section, the following words and terms shall have the meanings ascribed to them in this subsection, unless the context of their usage clearly indicates another meaning: (a) Controlled substance shall have the meaning ascribed to it by Section 481.002.(5), Texas Health and Safety Code, or any amendments thereto. (b) Controlled substance analogue shall have the meaning ascribed to it by Section 481.002.(6), Texas Health and Safety Code, or any amendment thereto. (c) Dangerous drug shall have the meaning ascribed to it by Section 483.001.(3), Texas Health and Safety Code or any amendments thereto. (d) Volatile chemical shall mean any of the chemicals, or an isomer of any of the chemicals, listed in Section 484.002., Texas Health and Safety Code or any amendments thereto. (e) Prohibited substance shall mean a controlled substance, controlled substance analogue, dangerous drug, volatile chemical, or any combination thereof. (Ord. No. 93-68, § 1, 11-16-93) Sec. 18-30. Offenses. (a) A person commits an offense if, with intent to acquire a prohibited substance, he requests, commands or attempts to induce another to sell, donate or otherwise transfer or deliver a prohibited substance to the person. (b) It is no defense to prosecution under this section that: (1) No monetary or other consideration was tendered to the person solicited; or (2) That the person solicited was unable or unwilling to transfer or deliver a prohibited substance. (c) It is an affirmative defense to any prosecution under this section that: (1) The solicitation is made in furtherance of a transaction which would not constitute a violation of any applicable law; or (2) The solicitation is made by a peace officer or federal law enforcement officer in the lawful discharge of his duties or by a law enforcement agent acting in the lawful discharge of an official duty. (d) Violation of this section shall constitute a misdemeanor punishable, upon conviction, by a fine of not less than one hundred dollars ($100.00) nor more than two thousand dollars ($2,000.00). However, any conduct prescribed hereunder which also constitutes an offense under State law shall not be prosecuted under this section, but shall be prosecuted pursuant to and punishable as provided by the applicable State law. An offense under this section is not a lesser included offense under Chapter 481., or Chapter 484., Texas Health and Safety Code. (Ord. No. 93-68, § 1, 11-16-93) Sec. 18-31. Findings. (a) In setting the amount of penalty for violation of this article, the city council affirmatively finds that this article governs conduct involving trafficking in illegal and dangerous chemical substances that poses a serious threat to the public health, and that it is therefor appropriate to prescribe a maximum fine of two thousand dollars ($2,000.00) for a violation of this article pursuant to the authority granted by Section 2 of Acts 1987, 70th Legislature, Chapter 680 (Section 54.001 of the Local Government Code as amended by Chapter 1, Acts of the 71 st Legislature, regular session, 1989). (Ord. No. 93-68, § 1, 11-16-93) ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 18, ARTICLE I, SECTIONS 18-2 AND 18-4 AND REPEALING CHAPTER 18, ARTICLE I, SECTIONS 18-12, 18-13 AND 18-13.1, ARTICLE II, SECTIONS 18-14, 18-15, '18-16, 18-17 AND 18-18, AND ARTICLE IV, SECTIONS 18-22, 18-23 AND 18-24 OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. WHEREAS, the City of Beaumont endeavors to maintain a clear, comprehensible, and cohesive Code of Ordinances; and, WHEREAS, the City is therefore revising its Code to comport with current law and court interpretation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That Chapter 18, Article t, Section 18-2, be and the same is hereby amended to read as follows: Sec. 18-2. Same--Exceptions from prohibition. Section 18-1 shall not apply to the sale of any such article or articles by wholesalers to each other, or to the sale of any such article or articles at wholesale to merchants conducting business entirely outside the city, or to the sale by wholesalers for private or public demonstrations as hereinafter provided, or to the storage of any such article or articles by such wholesalers for any of such purposes, or to the sale, storage or use of colored flares or railroad track torpedoes or other transportation signaling devices, or to the sale, storage or use of flashlight composition by photographers or dealers in photographic supplies, or to the sale, storage or use of blank cartridges for theatrical purposes or for signal purposes in athletic contests or sports events, for the use of any police organization or federal or state militia. Section 2. That Chapter 18, Article I, Section 18-4, be and the same is hereby amended to read as follows: Sec. 18-4. Same--Presence of fire chief at demonstration. The fire chief or his designee shall have the right to be present at the discharge of any public or private display of fireworks for which a permit has been issued hereunder and shall have the right to cause the same to be stopped unless it is conducted in strict accordance with the statements made in the application for the permit. Section 3. That Chapter 18, Article I, Sections 18-12, 18-13, and 18-13.1, be and the same are hereby repealed. Section 4. That Chapter 18, Article II, Sections 18-14, 18-15, 18-16, 18-17 and 18- 18, be and the same are hereby repealed. Section 5. That Chapter 18, Article IV, Sections 18-22, 18-23, and 18-24, be and the same are hereby repealed. Section 6. That if any section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 7. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 8. That any person who violates any provision of this ordinance shall, upon conviction be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 10th day of April, 2007. - Mayor Guy N. Goodson - 3 April 10,2007 Consider approving a resolution terminating the collective bargaining agreement between the City of Beaumont and International Association of Firefighters' Local Union No. 399 effective September 30, 2007 and instructing the City Manager to communicate in writing to the Union that the City stands ready, willing and able to negotiate a new agreement tl-!w City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: April 10, 2007 AGENDA MEMO DATE: April 5, 2007 REQUESTED ACTION: Council consider approving a resolution terminating the collective bargaining agreement between the City of Beaumont and International Association of Firefighters' Local Union No. 399 effective September 30, 2007 and instructing the City Manager to communicate in writing to the Union that the City stands ready, willing and able to negotiate a new agreement. RECOMMENDATION The Administration recommends approval of the City Council adopting the resolution. BACKGROUND The City of Beaumont desires to negotiate a new agreement with the Fire Union that would commence October 1, 2007. Fire protection will not be compromised in any manner should there be a period of time where there is not a contract in place due to the fact that State law prohibits firefighters from striking. The City's main priority of providing quality public safety protection for the citizens of Beaumont will continue. Furthermore, the City will not make any changes to firefighter pay and benefits prior to October 1, 2007 and until the City has offered to the Union an opportunity to bargain a new contract. The City of Beaumont and International Association of Firefighters' Local Union No. 399 have had collective bargaining since 1974. Collective bargaining expects the two parties to negotiate the wages and benefits package provided to firefighters. During the past 33 years, the parties have regularly been unable to resolve their differences and have consistently deferred the hard choices to arbitrators. The Fire and Police Employee Relations Act makes submission of new collective bargaining agreements to binding arbitration only voluntary. The current agreement between the City and Union makes arbitration mandatory. The Administration believes mandatory binding arbitration, as it relates to the replacement of a collective bargaining agreement, is not in the best interests of the citizens of the City of Beaumont. The system is simply broken. The present collective bargaining agreement contains provisions which prohibit arbitrators from considering the basic work schedule of firefighters. This hinders the efficient deployment of the workforce within the Fire Department. The Union, for many months, has been advocating that first responder fire engines be staffed with four personnel instead of three. The City and the Union would be able to negotiate a new agreement providing equitable firefighter compensation while continuing excellent fire protection, but which is affordable to the citizens who must pay for that protection. A discussion and change to the basic work schedule for Beaumont firefighters has to occur to achieve greater productivity. The Union has refused to discuss their work schedule in prior negotiations. The facts show that Beaumont firefighters work the second fewest hours in the State of Texas, second only to Houston, requiring many more firefighters to be on the payroll at great expense to taxpayers. The facts also prove that Beaumont has approximately 70 more firefighters on the payroll than does the average of our peer cities with similar population (see attached). Contracts can be terminated with reasonable notice by either party. The new fiscal year budget will begin October 1, 2007 and budget preparations are currently underway. There is adequate time to negotiate a new agreement with the Union. The City has always had a primary goal of maintaining one of the best trained, best equipped and most professional fire departments in the State. The Administration is committed to this goal and believes negotiating a new collective bargaining agreement is the best way to ensure success. Population per Firefighter For Similar Sized Cities Square Miles Number of Population Population of City Firefighters per Firefighter McAllen 123,622 46 152 813 Waco 120,465 84 190 634 Carrolton 116,714 37 134 871 Abilene 114,889 110 171 672 Wichita Falls 102,340 71 148 691 Average population per Firefighter for above cities is 736 Beaumont 112,000 84 228 491 RESOLUTION NO. WHEREAS, since adoption of the Fire and Police Employee Relations Act by the City of Beaumont, the City and Firefighter Union Local No. 399 have been unable to resolve their differences through collective bargaining because of the improvident but apparently consistently repeated decision to defer the hard choices to arbitrators; and, WHEREAS, the Fire and Police Employee Relations Act itself makes submission of new collective bargaining agreements to binding arbitration voluntary only and the City feels it is important to return to the spirit of the Act, particularly in connection with avoiding unconstitutionally and illegally attempting to obligate future City Councils to binding arbitration if they prefer negotiating instead; and, WHEREAS, the present collective bargaining agreement, which expired on September 30, 2005, contains Article XXXIV, which binds the City and the Union to the replacement of the collective bargaining agreement through binding arbitration. The Council no longer feels that such a commitment is in the best interests of the people of the City of Beaumont and the Union and the firefighters it represents; and, WHEREAS, the use of binding arbitration to resolve grievances arising under the collective bargaining agreement has not presented the same difficulties as impasse arbitration, and the City sees no reason why the use of binding arbitration to resolve contract interpretation and personnel disciplinary grievances should not continue; and, WHEREAS, the present collective bargaining agreement contains provisions which prohibit arbitrators from considering the basic work schedule which hinders the efficient deployment of the workforce of the department; and, WHEREAS, the recent community discussion regarding the City's discharge of its municipal responsibilities has highlighted the fact that the present work schedule and deployment of the department are antiquated and hinder the accomplishment of two highly desirable and not necessarily inconsistent goals, namely, equitable compensation and cost effective fire protection services to the citizens; and, WHEREAS, if the City and the Union, which represents its firefighters, are going to be able to negotiate a collective bargaining agreement which continues to provide equitable firefighter compensation and excellent fire protection, but which is affordable to the citizens who must pay for that protection, the prohibition against discussion of the basic work schedule and the deployment of firefighters in the department must be removed from the agreement; and, WHEREAS, the present collective bargaining agreement also purports to contain a provision which retains all terms and conditions of the collective bargaining agreement unless and until it is replaced with a successor agreement by negotiation or mandatory binding arbitration. This "evergreen" provision unnecessarily hinders a transition to a more modern and cost-effective work schedule and deployment of firefighters across the City, and unnecessarily propagates a system of deferring the resolution of all of these issues to 2 arbitrators rather than to the well-accepted system of collective bargaining between the City and its firefighter Union. WHEREAS, the City and the fire union membership has benefited and will continue to benefit from the representation of the firefighters by the International Association of Fire Fighters Local Union No. 399. It is the clear goal of the City Council to create the conditions whereby the City will always be signatory to a collective bargaining agreement with IAFF Local No. 399 reached by the longstanding and customary process of collective bargaining. WHEREAS, the City has always had a primary goal of maintaining one of the best trained, best equipped and most professional fire departments in the State. The constant resort to binding impasse arbitration has not fostered that goal at all; to the contrary, it has diverted precious resources away from the department. The City has no desire to abandon its goal of maintaining the level of excellence of the department. WHEREAS, the City is presently involved in litigation with the Union over the status of the collective bargaining agreement for fiscal years 2006, 2007 and 2008. Therefore it is not possible to state with certainty the status of the agreement, the status of the clauses in the agreement which commit to binding arbitration, the status of the clauses in the agreement which restrict the authority of arbitrators to deal with the work schedule and deployment of the department, and the status of the "evergreen" clause which appears to force this Council to illegally and unconstitutionally bind future City Councils. NOW, THEREFORE BE IT RESOLVED BY THE 3 CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the collective bargaining agreement between the City of Beaumont and International Association of Fire Fighters Local Union No. 399 is terminated effective September 30, 2007, and that the City Manager is instructed to communicate in writing to the Union that the City stands ready, willing and able to negotiate a successor agreement; BE IT FURTHER RESOLVED that the City Manager is further instructed to retain in place and to make no alterations to any pay, benefits, or other employment terms and conditions contained in the present collective bargaining agreement, until the City has offered to the Union an opportunity to bargain a successor collective bargaining agreement; and that the City Manager administer grievances under the collective bargaining agreement from the bargaining unit which arise prior to October 1, 2007, including disciplinary grievances, by the methods provided in the present collective bargaining agreement; BE IT ALSO RESOLVED that the City Manager is further instructed to seek through the traditional process of collective bargaining with the Union a replacement to the present collective bargaining agreement prior to October 1, 2007, if possible, it being the goal and intention of the Council that the City always have in place a collective bargaining agreement with the Union which represents its firefighters; in the discharge of this instruction, the City Manager is authorized to pursue this activity as the City Manager, in his discretion, deems will most efficiently accomplish the goal, including the selection of those individuals specifically charged to conduct the negotiation process, whether paid 4 staff or consultants; the City Manager, in negotiating such a contract, should make no commitments to submit the resolution of the bargaining over a replacement contract to binding arbitration. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of April, 2007. - Mayor Guy N. Goodson - 5 4 April 10, 2007 Consider authorizing the City Manager to execute an agreement with the Texas Health and Human Services Commission to participate in the Summer Food Service Program � ti 7911 City Council Agenda Item �l K TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Jim Thompson, Parks and Recreation Director MEETING DATE: April 10, 2007 AGENDA MEMO DATE: April 4, 2007 REQUESTED ACTION: Council consider authorizing the City Manager to execute an agreement to participate in the Summer Food Service Program. RECOMMENDATION Administration recommends approval of this action. BACKGROUND Since 1992, the City has participated in the Summer Food Service Program with funding provided by the U.S. Department of Agriculture through an agreement with the Texas Health and Human Services Commission. An application to participate, completed by staff, along with an agreement for services, signed by the City Manager, are required for participation. The proposal for this summer will generally provide about 780 lunches per day, Monday to Friday, from June 4 to August 10. The program will operate from 9 locations throughout the city. The Recreation Division, which oversees the program, will sponsor a variety of games and activities, suitable for each site, to make it an enjoyable experience for the children that participate. This program is well established and helps to ensure the well-being of the children in our community. BUDGETARYIMPACT The costs associated with this program will be reimbursed to the City. The locations in Beaumont to which meals will be delivered are as follow: SITE ADDRESS L.L. Melton Y.M.C.A. 3455 Sarah Sprott Park 4325 Usan Roberts Park 2755 Avenue C Alice Keith Park 4050 Reed SE TX Family Resource Center 2060 Irving Magnolia Park 2930 Gulf Tracewood Apartments 4925 Concord North Ridge Apartments 4155 Maida Concord Homes Apartments 2020 Cottonwood TEXAS HEALTH AND HUMAN SERVICES COMMISSION SPECIAL NUTRITION PROGRAMS AGREEMENT STATE OF TEXAS§ COUNTY OF TRAVIS§ The Texas Health and Human Services Commission,hereinafter referred to as HHSC, AND hereinafter referred to as the Contractor,do hereby make and enter into this contract,as required by the National School Lunch Act and the Child Nutrition Act, as amended, and the following program regulations: the National School Lunch Program(NSLP), 7 Code of Federal Regulations (CFR) Part 210; the Special Milk Program (SMP), 7 CFR Part 215; the School Breakfast Program (SBP),7 CFR Part 220;the Summer Food Service Program(SFSP),7 CFR Part 225;and the Child and Adult Care Food Program (CACFP)7 CFR Part 226. This agreement establishes or continues the rights and responsibilities of HHSC and the Contractor pursuant to the Contractor's participation in one or more of the above named programs as stipulated herein. If this agreement continues as an existing agreement, all existing terms, conditions, liabilities and obligations of the parties under the prior agreement remain in full force and effect, except to the extent that those terms,conditions, liabilities and obligations conflict with this agreement,in which case this agreement takes precedence. By signing this agreement, both parties are bound by its terms and conditions from its beginning effective date, or the beginning effective date of any prior agreement/s continued by this agreement,until terminated in accordance with this agreement. I. MUTUAL AGREEMENTS The Parties mutually agree: A. If the Contractor fails to provide services in accordance with the provisions of this contract,HHSC may,upon written notice of default to the Contractor, immediately terminate the whole or any part of this contract, including refusal to pay claims for reimbursement,and such termination shall not be an exclusive remedy but shall be in addition to any other rights and remedies provided by law or under this contract. B. If federal or state laws or other requirements are amended or judicially interpreted so that the continued fulfillment of this contract,on the part of either party,is substantially unreasonable or impossible,or if the parties are unable to agree upon any amendment which would therefore be needed to enable the substantial continuation of the services contemplated by this contract then,the parties shall be discharged from any further obligations created under the terms of this contract, except for the equitable settlement of the respective accrued interest of obligations, including audit findings, incurred up to the date of termination. II. CONTRACTOR PROGRAM ADMINISTRATION AND FINANCIAL MANAGEMENT A. The Contractor will comply with the applicable regulations for its designated program,as well as 7 CFR Parts 245 and 250,as amended, the Uniform Federal Assistance Regulation(7 CFR, Part 3015, as amended), Audits of State, Local Governments, and Non-Profit Organizations(7 CFR 3052,as amended)and state policies and procedures as issued and amended by HHSC. II. CONTRACTOR PROGRAM ADMINISTRATION AND FINANCIAL MANAGEMENT (Continued) The Contractor further agrees to perform as described in its application(including its Policy statement and supporting documents,and approved amendments to the application)for participation in the designated program. B. The Contractor accepts final administrative and financial responsibility for food service operations in each school, summer feeding site,and child and/or adult care facility,hereinafter referred to as a site,operated or sponsored by the Contractor.The responsibility includes any audit exceptions or payment deficiency in the program covered by this contract, and all subcontracts hereunder, which are found after monitoring or auditing by HHSC or USDA and will be responsible for the collections and payback of any amount paid in excess of the proper claim amount. C. The Contractor submits for HHSC approval only those applications for sites which have delegated the authority for the administration of food service operations to the Contractor or which have executed sub agreements with the Contractor for the administration of food services operations. D. Contractors participating in the NSLP agree: 1. That the official signing the Claim for Reimbursement will be responsible for reviewing and analyzing meal counts to ensure accuracy and compliance with federal regulations 2. To enter into an agreement to receive donated foods as required by federal regulations 3. To price the lunch as a unit 4. To claim reimbursement at the assigned rates only for reimbursable free,reduced price and paid lunches served to eligible children in accordance with 7 CFR part 210 5. Count the number of free, reduced price and paid reimbursable meals served to eligible children at the point of service,or through another counting system if approved by HHSC 6. Limit its net cash resources to an amount that does not exceed 3 months average expenditures for its nonprofit school food service or such other amount as may be approved in accordance with 7 CFR§210.19(a); and 7. Maintain a financial management system as prescribed under 7 CFR§210.14(c) E. Contractors participating in the CACFP shall provide or accept responsibility for the provision of organized, non-residential child day care and will immediately report to the Texas Department of Family and Protective Services (DFPS) Licensing or Child Protective Services staff, any suspected violations of DFPS Licensing standards or suspected abuse of children in sponsored centers or day homes. F. CONTRACTOR understands that acceptance of funds under this Contract acts as acceptance of the authority of the State Auditor's Office ("SAO"), or any successor agency, to conduct an investigation in connection with those funds. CONTRACTOR further agrees to cooperate fully with the SAO or its successor in the conduct of the audit or investigation, including providing all records requested. CONTRACTOR will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through CONTRACTOR and the requirement to cooperate is included in any subcontract it awards. III. RECORD KEEPING A. The Contractor will keep financial and supporting documents, statistical records, and any other records pertinent to the services for which a claim was submitted in the manner and detail prescribed by HHSC.Unless otherwise provided by state or federal law,the records and documents will be kept for a minimum of 3 years and 90 days after the termination of the federal fiscal year for the relevant program.If any litigation,claim,or audit involving these records begins before such period expires, the Contractor will keep the records and documents for not less than 3 years and 90 days and until all litigation, claims or audit findings are resolved. The case is considered resolved when there is a final order issued in litigation, or a written agreement is entered into between HHSC and the Contractor. The Contractor will keep records of non-expendable property acquired under the contract for 3 years and 90 days after final disposition of the property. B. The Contractor and its subcontractors will allow HHSC and USDA officials and other appropriate officials determined by HHSC to inspect facilities and records and to audit,examine,and copy records at any reasonable time.This includes access to all records of costs paid,even in part,by HHSC. III. RECORD KEEPING (Continued) C. The Contractor and its subcontractors will establish a method to secure the confidentiality of records and other information relating to clients in accordance with the applicable federal law,rules,and regulations,as well as the applicable state law and regulations.The provision shall not be construed as limiting the Department's right of access to recipient case records or other information relating to clients served under this contract. IV. CIVIL RIGHTS POLICY COMPLIANCE A. The Contractor agrees to comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-352) and all requirements imposed by the regulations of the Department of Agriculture(7 CFR Part 15),Department of Justice(28 CFR Parts 42 and 50) and FNS directives or regulations issued pursuant to that act and the regulations.Section 504 of the Rehabilitation Act of 1973 (public Law 93-112), the Americans with Disabilities Act of 1990 (public Law 101-336), Title IX of the Education Amendments of 1972 (7 CFR Part 15a), the Age Discrimination Act of 1975 (Public Law 94-135), and all amendments to each, and all requirements imposed by the regulations issued pursuant to these acts. In addition the contractor agrees to comply with Title 40,Chapter 73,of the Texas Administrative Code. These provide in part that no person in the United States shall, on the ground of race, color, national origin, sex, age, disability, political beliefs, or religion be excluded from participation in, or denied any aid, care, service or other benefits provided by federal and/or state funding, or otherwise be subjected to discrimination. The contractor also agrees to comply with Health and Safety Code Section 85.113 (relating to workplace and confidentiality guidelines regarding AIDS and HIV). Additionally,Title VI of the Civil Rights Act of 1964,and its implementing regulations at 45 CFR,Part 80 or 7 CFR,Part 15, prohibit a contractor from adopting and implementing policies and procedures that exclude or have the effect of excluding or limiting the participation of clients in its programs,benefits, or activities, on the basis of national origin. Also,40 TAC, Part 1, §73.206 requires contractors to provide alternative methods for ensuring access to services for applicants and recipients who cannot express themselves fluently in English. Accordingly,the contractor agrees to ensure that its policies do not have the effect of excluding or limiting the participation of persons in its programs and activities, on the basis of national origin. The contractor also agrees to take reasonable steps to provide services and information, both orally and in writing, in appropriate languages other than English, in order to ensure that persons with limited English proficiency are effectively informed and can effectively participate in and benefit from its programs. The Contractor accepts final administrative responsibility for ensuring that its subcontractors take reasonable steps to provide services and information,both orally and in writing, in appropriate languages other than English, in order to ensure that persons with limited English proficiency are effectively informed and can effectively participate in and benefit from that subcontractor's programs and services. The contractor hereby gives assurance that it will immediately take any measures necessary to comply with this subsection. . B. This assurance is given in consideration of and for the purpose of obtaining any and all federal financial assistance,grants and loans of federal funds,reimbursable expenditures, grant or donation of federal property and interest in property, the detail of federal personnel, the sale and lease of, and the permission to use, federal property or interest in such property or the furnishing of services without consideration or at a nominal consideration, or at a consideration which is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale, lease or furnishing of services to the recipient,or any improvements made with federal financial assistance extended to the program applicant by the HHSC. This includes any federal agreement, arrangement, or other contract that has as one of its purposes the provision of cash assistance for the purchase of food, and cash assistance for purchase or rental of food service equipment or any other financial assistance extended in reliance on the representation and agreements made in this assurance. C. The Contractor agrees to compile data, maintain records, and submit reports as required, to permit effective enforcement of the above Acts and permit authorized HHSC,USDA and FNS personnel during normal working hours to review such records, books, and accounts as needed to ascertain compliance with the above Acts. If there are any violations of this assurance, HHSC, USDA and FNS have the right to seek judicial enforcement of this assurance. This assurance is binding on the Contractor, its successors, transferees, and assignees as long as it receives assistance or retains possession of any assistance from the department. The person whose signature appears on this contract is authorized to sign this assurance on the behalf of the Contractor. IV. CIVIL RIGHTS POLICY COMPLIANCE (Continued) D. A religious or charitable organization is eligible to be a contractor on the same basis as any other private organization. The contractor retains its independence from State and local governments, including the contractor's control over the definition, development,practice,and expression of its charitable or religious beliefs. Except as.provided by federal law,HHSC shall not interpret this contract to require a charitable or religious organization to alter its form of internal governance or remove religious art, icons, scripture, or other symbols. Furthermore, if a religious or charitable organization segregates the government funds provided under the contract, then only the financial assistance provided by these funds will be subject to audit. However, neither HHSC's selection of a charitable or faith-based contractor of services nor the expenditure of funds under this contract is an endorsement of the contractor's charitable or religious character,practices,or expression.The purpose of this contract is the provision of services; no State expenditures have as their objective the fimding of sectarian worship, instructions,or proselytization. A charitable or faith-based provider of services under this contract shall reasonably apprise all assisted individuals of the following: "Neither HHSC' s selection of a charitable or faith-based provider of services nor the expenditure of funds under this contract is an endorsement of the provider's charitable or religious character, practices, or expression. No provider of services may discriminate against you on the basis of religion, a religious belief, or your refusal to participate in a religious practice. If you object to a particular provider because of its religious character, you may request assignment to a different provider. If you believe that your rights have been violated, please discuss the complaint with your provider or notify your local HHSC Special Nutrition Programs office. Section 104 of The Personal Responsibility and Work Opportunity Reconciliation Act of 1996. 42 U.S.C. § 604a, sets forth certain additional rights and responsibilities for charitable and faith-based providers of services, certain additional rights of assisted individuals, and certain additional responsibilities of HHSC to these providers and assisted individuals. This contract is subject to those additional rights and responsibilities. V. HHSC CLAIMS PAYMENT A. HHSC will, subject to the federal appropriation and availability to HHSC of sufficient funds for the applicable program,make program payment to the Contractor in accordance with the terms of this agreement No reimbursement shall be made for performance under this agreement occurring prior to (a) the beginning effective date of this agreement or (b) a later date established by HHSC based on the date of receipt of a fully executed copy of this agreement B. This paragraph is pursuant to §2252.903 of the Government Code. Any payments owing to the contractor under this contract will be applied toward elimination of the contractor's indebtedness to the state,delinquency in payment of taxes to the state,or delinquency in payment of taxes that the comptroller administers or collects until the indebtedness or delinquency is paid in full VI. IMMIGRATION The Contractor-agrees to comply with the requirements of the Immigration Reform and Control Act of 1986 regarding employment verification and retention of verification forms for any individuals hired after November 6, 1986, who will perform any labor or services under this contract. VII. CERTIFICATION A. Regarding Debarment, Suspension, Ineligibility, or Voluntary Exclusion For Covered Contracts - The contractor certifies,by execution of this agreement,that neither it nor its principals is presently debarred,suspended,proposed for debarment,declared ineligible, or voluntarily excluded from participating in this contract by any federal department or agency or by the State of Texas.By making this certification the contractor agrees to the following terms: VII. CERTIFICATION (Continued) 1. The above certification is a material representation of fact upon which reliance was based when this contract was entered into. If it is later determined that the contractor knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the Department of Health and Human Services, United States Department of Agriculture or other federal department of agency, or the Texas Health and Human Services Commission may pursue available remedies, including suspension and/or debarment. The contractor shall provide immediate written notice to the person to which this certification is submitted if at any time the contractor learns that the certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 2. The words "covered contract," "debarred," suspended," "ineligible," "participant," "person," "principal," "proposal," and voluntarily excluded," as used in this certification have meanings based upon materials in the Definitions and overage sections of federal rules implementing Executive Order 12549.Usage is defined in the attachment. 3. The contractor agrees by submitting this certification that, should the proposed covered contract be entered into, it shall not knowingly enter into any subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department of Health and Human Services, United States Department of Agriculture or other federal department or agency, and/or the Texas Health and Human Services Commission,as applicable. 5. The contractor further agrees by submitting this certification that it will include HHSC Form titled "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion for Covered Contracts" without modification,in all covered subcontracts and in all solicitation for all covered subcontracts. 6. A contractor may rely upon a certification of a subcontractor that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered contract,unless it knows that the certification is erroneous.A contractor must, at a minimum, obtain certificates from its covered subcontractor upon each subcontractor's initiation and upon each renewal. Nothing contained in all the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this certification document.The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 7. Except for contracts authorized under paragraph 4 of these terms, if a contractor in a covered contract knowingly enters into a covered subcontract with a person who is suspended,debarred, ineligible,or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, Department - of Health and Human Services, United States Department of Agriculture, or other federal department or agency, as applicable, and/or the Texas Health and Human Services Commission may pursue available remedies, including suspension and/or debarment. B. Regarding Federal Lobbying - This certification applies only to this contract and is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,U.S.Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. The contractor certifies,to the best of his or her knowledge and belief,that: No federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency,a member of Congress,an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, or the extension, continuation,renewal,amendment,or modification of any federal contract,grant,loan,or cooperative agreement. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federally funded contract, subcontract, sub grant, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. VII. CERTIFICATION (Continued) The contractor shall require that the language of this certification be included in the award documents for all covered sub awards at all tiers(including subcontracts,sub grants,and contracts under grants, loans,and cooperative agreements)and that all covered sub recipients shall certify and disclose accordingly. C. Regarding Conflicts of Interest—The contractor agrees to comply with applicable state and federal laws,rules and regulations regarding conflicts of interest in the performance of its duties under this Agreement. Contractor warrants that it has no interest and will not acquire any direct or indirect interest that would conflict in any manner or degree with its performance under this Agreement. Contractor will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest,or personal gain. Contractor will operate with complete independence and objectivity without actual,potential or apparent conflict of interest with respect to the activities conducted under this Agreement with the State of Texas. An organizational conflict of interest is a set of facts or circumstances, a relationship, or other situation under which a contractor, or a subcontractor has past, present, or currently planned personal or financial activities or interests that either directly or indirectly: 1. Impairs or diminishes the offeror's, contractor's, or subcontractor's ability to render impartial or objective assistance or advice to HHSC;or 2. Provides the contractor or subcontractor an unfair competitive advantage in future HHSC procurements. Except as otherwise disclosed and approved by HHSC prior to the Effective Date of the Agreement,Contractor warrants that, as of the Effective Date and to the best of its knowledge and belief,there are no relevant facts or circumstances that could give rise to organizational conflict of interest affecting this Agreement. Contractor affirms that it has neither given,nor intends to give, at any time hereafter,any economic opportunity, future employment,gift, loan,gratuity, special discount,trip, favor,or service to a public servant or any employee or representative of same, at any time during the procurement process or in connection with the procurement process except as allowed under relevant state and federal law. Contractor agrees that, if after the Effective Date, Contractor discovers or is made aware of an organizational conflict of interest, Contractor will immediately and fully disclose such interest in writing to the HHSC Special Nutrition Programs. In addition, Contractor must promptly disclose any relationship that might be perceived or represented as a conflict after its discovery by Contractor or by HHSC as a potential conflict. HHSC reserves the right to make a final determination regarding the existence of conflicts of interest,and Contractor agrees to abide by HHSC's decision. The disclosure will include a description of the action(s) that Contractor has taken or proposes to take to avoid or mitigate such conflicts. If HHSC determines that an organizational conflict of interest exists,HHSC may, at its discretion,terminate the contract. If HHSC determines that Contractor was aware of an organizational conflict of interest before the award of this Agreement and did not disclose the conflict to the contracting officer, such nondisclosure will be considered a material breach of the Agreement. Furthermore, such breach may be submitted to the Office of the Attorney General, Texas Ethics Commission, or appropriate State or Federal law enforcement officials for further action. Contractor must include the provisions of this Section C in all subcontracts for work to be performed similar to the service provided by Contractor and the terms "Agreement," with the terms "Contractor" and "HHSC" modified appropriately to preserve the State's rights. Contractor has not retained or promised to retain any person or company, or utilized or promised to utilize a consultant that participated in HHSC's development of specific criteria of the Agreement or who participated in the approval of the Contractor for this Agreement. Contractor will not recruit or employ any HHSC professional or technical personnel who have worked on projects relating to the subject matter of this Agreement, or who have had any influence on decisions affecting the subject matter of this Agreement,for two(2)years following the completion of this Agreement. VII. CERTIFICATION (Continued) Contractor certifies to its understanding and agreement regarding Conflicts of Interest. The contractor certifies that if it is a corporation,it is either a for-profit corporation that is not delinquent in its franchise tax payments to the State of Texas,or is a non-profit corporation or is otherwise not subject to payment of franchise taxes to the State of Texas. D. The contractor certifies that all information submitted pursuant to this agreement is true and correct. The contractor understands that the deliberate misrepresentation or withholding of information is a violation of this contract and may result in prosecution under applicable state and federal statutes. E. Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application, and any individual who is a partner, shareholder, or owner with at least 25% interest in the business entity, is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. VIII. TERM AND TERMINATION In addition to other provisions of this article allowing termination,this Agreement will terminate upon the Expiration Date unless extended in accordance with the terms of this Agreement,or terminated sooner under the terms of this Agreement.Prior to completion of the Initial Term and any extensions or renewal thereof,all or a part of this Agreement may be terminated for any of the following reasons: (a)Termination by mutual agreement of the Parties. This Agreement may be terminated by mutual agreement of the Parties. Such agreement must be in writing. (b)Termination in the best interest of the State. HHSC may terminate the Agreement at any time when,in its sole discretion,HHSC determines that termination is in the best interests of the State of Texas.The termination will be effective on the date specified in HHSC's notice of termination. (c)Termination for cause. HHSC reserves the right to terminate this Agreement,in whole or in part,upon the following conditions: (1)Assignment for the benefit of creditors,appointment of receiver,or inability to pay debts. HHSC may terminate this Agreement if CONTRACTOR: (A)Makes an assignment for the benefit of its creditors; (B)Admits in writing its inability to pay its debts generally as they become due;or (C)Consents to the appointment of a receiver,trustee,or liquidator of CONTRACTOR or of all or any part of its property. (2)Failure to adhere to laws,rules,ordinances,or orders. HHSC may terminate this Agreement if a court of competent jurisdiction finds CONTRACTOR failed to adhere to any laws,ordinances,rules,regulations or orders of any public authority having jurisdiction and such violation prevents or substantially impairs performance of CONTRACTOR's duties under this Agreement. (3)Breach of confidentiality. HHSC may terminate this Agreement if CONTRACTOR breaches confidentiality laws with respect to the Services and Deliverables provided under this Agreement. (4)Failure to maintain adequate personnel or resources. HHSC may terminate this Agreement if,after providing notice and an opportunity to correct,HHSC determines that CONTRACTOR has failed to supply personnel or resources and such failure results in CONTRACTOR's inability to fulfill its duties under this Agreement. VIII. TERM AND TERMINATION (Continued) (5)Termination for gifts and gratuities. (A) HHSC may terminate this Agreement following the determination by a competent judicial or quasi-judicial authority and CONTRACTOR's exhaustion of all legal,remedies that CONTRACTOR,its employees, agents or representatives have either offered or given any thing of value an officer or employee of HHSC or the State of Texas in violation of state law. (B)CONTRACTOR must include a similar provision in each of its subcontracts and shall enforce this provision against a subcontractor who has offered or given any thing of value to any of the persons or entities described in this Section,whether or not the offer or gift was in CONTRACTOR's behalf. (C)Termination of a subcontract by CONTRACTOR pursuant to this provision will not be a cause for termination of the Agreement unless: (1)CONTRACTOR fails to replace such terminated subcontractor within a reasonable time;and (2)Such failure constitutes Cause as described in this Section. (D)For purposes of this Section,a"thing of value"means any item of tangible or intangible property that has a monetary value of more than$50.00 and includes,but is not limited to,cash,food,lodging,entertainment,and charitable contributions.The term does not include contributions to holders of public office or candidates for public office that are paid and reported in accordance with State and/or Federal law. (6)Termination for non-appropriation of funds. Notwithstanding any other provision of this Agreement,if funds for the continued fulfillment of this Agreement by HHSC are at any time not forthcoming or are insufficient,through failure of any entity to appropriate funds or otherwise, then HHSC will have the right to terminate this Agreement at no additional cost and with no penalty whatsoever by giving prior written notice documenting the lack of funding. (7)Judgment and execution.) (A)HHSC may terminate the Agreement if judgment for the payment of money in excess of$500,000.00 that is not covered by insurance,is rendered by any court or governmental body against CONTRACTOR,and CONTRACTOR does not: (1)Discharge the judgment or provide for its discharge in accordance with the terms of the judgment; (2)Procure a stay of execution of the judgment within 30 days from the date of entry thereof;or (3)Perfect an appeal of such judgment and cause the execution of such judgment to be stayed during the appeal, providing such financial reserves as may be required under generally accepted accounting principles. (B)If a writ or warrant of attachment or any similar process is issued by any court against all or any material portion of the property of CONTRACTOR,and such writ or warrant of attachment or any similar process is not released or bonded within 30 days after its entry,HHSC may terminate the Agreement in accordance with this Section. (S)Termination for insolvency. (A)HHSC may terminate the Agreement if CONTRACTOR: (1)Files for bankruptcy; (2)Becomes or is declared insolvent,or is the subject of any proceedings related to its liquidation,insolvency,or the appointment of a receiver or similar officer for it; (3)Makes an assignment for the benefit of all or substantially all of its creditors;or (4)Enters into an Agreement for the composition,extension,or readjustment of substantially all of its obligations. (B)CONTRACTOR agrees to pay for all reasonable expenses of HHSC including the cost of counsel,incident to: (1)The enforcement of payment of all obligations of the CONTRACTOR by any action or participation in,or in connection with a case or proceeding under Chapters 7, 11,or 13 of the United States Bankruptcy Code,or any successor statute; VIII. TERM AND TERMINATION (Continued) (2)A case or proceeding involving a receiver or other similar officer duly appointed to handle the CONTRACTOR's business;or (3)A case or proceeding in a State court initiated by HHSC when previous collection attempts have been unsuccessful. (9)Termination for CONTRACTOR'S material breach of the Agreement. HHSC will have the right to terminate the Agreement in whole or in part if HHSC determines,at its sole discretion,that CONTRACTOR has materially breached the Agreement. IX. EFFECTIVE DATE AND SIGNATURES The parties hereto in their capacities stated,affix their signatures and bind themselves for the faithful performance of the terms of this contract pursuant to participation in the following program or programs: National School Lunch Program Child and Adult Care Food Program School Breakfast Program Summer Food Service Program Special Milk Program cam Name of o acting Organization Signature of chairman of the board of directors (Please print or type) or other official who has been authorized to sign contracts on behalf of the contracting organization. Name of Official Signing Title of Official (Please print or type) (Please print or type) TEXAS HEALTH AND HUMAN SERVICES COMMISSION Effective from: until terminated. By: Date: HHSC Representative Approved for Form by OGC: Signature on file Revised July 2005 Texas Health and Human Form H4608 Services Commission Special Nutrition Programs February 2007 Certificate of Authority This is to certify that the following person(s): Name of Authorized Representative(Type or print in the following order.prefix, Title first name, ' le name or initi st name and suffix.) 00 \4 l \Y_0 I E-mail Address I Area Code and Telephone Number Signature-Authoriz tative --Date Signature Name of Authorized Representative(Type or print in the following order.prefix, Title first name,middle name or in ,last name and suffix.) E-mail Address Area Code and Telephone Number ON �-A 0 -D0 onz sentativ Date of Signature is(are)designated as an Authorized Representative of Name of Contracting Organization Address(Street,City,State,ZIP Code) The representative(s)designated above,and myself,acknowledge that each is individually authorized on behalf of the contracting organization to make written agreements with the Texas Health and Human Services Commission(HHSC)to operate a food program,to sign documents or reports about the agreement and to present claims for reimbursement,when appropriate, to the agency. By signing this document,we certify individually and collectively that to the best or our knowledge and belief,all documents submitted physically or electronically on behalf of the above named contracting organization pursuant to our participation in any and all programs administered by Special Nutrition Programs,HHSC,aretwvi be true and correct in all respects,that they aretwill be completed according to the terms and conditions of existing agreements,including amendments,that records aretwill be available to support any and all claims and that we will not submit claims(excluding amendedladjusted claims)for goods or services for which we have already received payment.We recognize that we are fully responsible for any excess amounts which may result from errors made in relation to the completion and submission of claims.We are also aware that.deliberate misrepresentation or withholding of information may result in prosecution under applicable state and federal statutes. Name of Official of Contracting Organization(Type or print in the following order. Title prefix,firpt n e middle name or' itial,last name and sufrox.)re S4 U E-mail Address Me Code and Telephone Num r Signature—Official of Contracting Organization Date of Signature Deleted Authorized Representatives:A contracting organization may not have more than three(3)authorized representatives, including the official of the contracting agency.N you are deleting an authorized representative,list the name(s)of the individual(s)to be removed as authorized representative(s)below: Name of Deleted Representative Name of Deleted Representative Name of Deleted Representative 1 . For HHSC Use Onl Contract No. Received By Date Received 75— RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an agreement with the Texas Health and Human Services Commission for the City of Beaumont to participate in the Summer Food Service Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of April, 2007. - Mayor Guy N. Goodson - 5 April 10, 2007 Consider approving the purchase of an excavating and grading machine for use by the Streets and Drainage Division City Council Agenda Item sl � � K TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max Duplant, Chief Financial Officer MEETING DATE: April 10, 2007 AGENDA MEMO DATE: April 2, 2007 REQUESTED ACTION: Council consider the purchase of an excavating and grading machine. RECOMMENDATION Administration recommends the purchase of one(1)excavating and grading machine for the Public Works Department, Streets and Drainage Division,through the Houston-Galveston Area Council (H-GAC)cooperative purchasing program for$224,261.21. BACKGROUND The excavating and grading machine to be furnished is a Gradall Model XL3100. The telescoping boom excavator is capable of digging, lifting, and moving earthen materials. The excavator is primarily used in the maintenance of ditches to alleviate drainage problems. The contracted vendor is Hi-Way Equipment Company, Inc of Houston. The cost of the unit, including the H-GAC administrative fee of$3,314.21, is $224,261.21. Warranty service will be provided by Hi-Way Equipment Company in Houston. The standard warranty is one (1)year. Delivery of the unit is expected within ninety(90)days. Unit 5055, a 1984 Gradall, will be replaced and disposed of according to the City's surplus equipment disposal policies. BUDGETARYIMPACT Funds are budgeted for this purchase in the Capital Reserve Fund. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of one (1) excavating and grading machine(Gradall Model XL3100) for the Public Works Department, Streets and Drainage Division, through the Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program in the amount of$224,261.21. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of April, 2007. - Mayor Guy N. Goodson - 6 April 10,2007 Consider approving a one(1)year contract for the purchase of corrugated polyethylene pipe for use by the Streets and Drainage Division City Council Agenda Item � = . . OL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max Duplant, Chief Financial Officer MEETING DATE: April 10, 2007 AGENDA MEMO DATE: April 2,2007 REQUESTED ACTION: Council approval of a one(1)year contract for the purchase of corrugated polyethylene pipe. RECOMMENDATION Administration recommends award of a contract for purchasing corrugated polyethylene pipe to Coburn Supply at the unit costs reflected in the attached bid tabulation. BACKGROUND The contract specifies that the successful bidder shall provide approximately 13,100 feet of various size corrugated polyethylene pipe at fixed unit costs for one(1)year from date of award for use by the Public Works Department, Streets and Drainage Division. The estimated total expenditure is $167,640 for the contract period. The award is to the overall low bidder and not the low bidder per item in order to streamline the procurement process for the user department. This will eliminate complications which could arise from a multiple vendor award. The pipe is utilized by the Streets and Drainage Division to replace driveway culverts during clean out of City ditches. Existing pipe which is damaged, improperly sized, or not set at a correct grade is replaced as needed. Fifteen (15) vendors were notified with six (6) submitting bids as reflected in the attached bid tabulation. The product bid by Coburn Supply has been utilized previously and meets specifications set forth in the bid. BUDGETARYIMPACT Funds are available for this expenditure in the Streets and Drainage Division's operating budget. BID TABULATION: ANNUAL CONTRACT FOR CORRUGATED POLYETHYLENE PIPE BID OPENING DATE: THURSDAY, MARCH 29,2007 @ 2:00 PM BID NUMBER: TF0307-48 LVendor Coburn Supply �_C uver s of SETX Golden Triangle Pipe Ferguson Waterworks City/State 71 Beaumont,TX Lumberton, TX Beaumont, TX Houston, TX TY. Fax Number 409.839.8157 _ 409.755.3636 �, 409.842.2736 713.676.0803 per foot total er foot -total_ =der f --total -', -9 per foot total �I 1,000 12 pipe $33.78 $3,780 00 F $3.71 $3,710.001111 3.70 3,700.00 r 3.78 $3,780.00 6,000 15" pipe _ $5.07 $30,420.00 $4.97 $29,820.00 $5.05 ', $30,300.00 $5.08 $30,480.00 C 2,000 18"pipe $7.16 $14,320.00 $6.97 $13,94---- $7.05 $14,100.00 $7.14 $14,280.00 1,500 124" pipe $11.10 $16,650.00: $10.88 $16,320.00 $11.05 $16,575.00 $11.17 $16,755.001 k700 30" pipe _ $17.30 $12,110.00, $16.96 $11,872.00 : $17.20 $12,040.00 $17.391 $12,173.00 500 36" pipe $21.06 $10,530.00 $20.70 $10,350.00 $21.05 $10,525.00 $21.29 $10,645.00 1,200 60 pipe $60.72 $72 864.00',1 $62.82 $75,384.00 $63.75 $77,592.00 200 48" pipe $34.83 $6 966.00 $34.54 $6,908 00 $35.10 $7,020.00 $35.56 $7,112.00 - iIL '1' $76,500.00 $64.66 Totalp �r X167,640.00 $168,304.00 $170,760.00 $172,817.00 IL Delive Time _' 3 days 1 to 2 days =5 to_10 days iL-_3 days -] �� -- - [Vendor Stte �'�-Seabreeze Culvert, Lufkin, rt, Inc. j H.D. Supply TXrWorks 11 - ' per foot dotal-- -! er foot total- QTY. Fax Number _ 409.296.4099 936.632.7834 - 850.00 1,000 12"pipe � $3.85 3,850.001E $3.85 $3, 6,000 15"pipe $5.20 $31,200.00 $5.18 , $31,080.001, 2,000 18"pipe $7.28 $14,560.00 $7.281 $14,560.00 1 11.40 17 100.00 $11.40 $17,100.00 1 500 24 pipe $ $ 70�i 30"pipe {i $17.751 $12,425.0011 $17.75 $12,425.00 ii 500 3611 pipe _ �I $21.75 $10,875.00 $21.741 $10,870.00 200 48 pipe $36.30 $7,260.00 $36.31 ' $7,262.00 j--1,200- 60"pipe $65.40 $78,480.001 $66.02 L_ $79,224.001 f -II --- _ J ---_-- -- __��_ _- ---N/A Total $175,750.00 $176,371 00 Delive Time N/A N/A �� RESOLUTION NO. WHEREAS, bids were received for a one (1) year contract for the purchase of corrugated polyethylene pipe for use by the Public Works Department, Streets and Drainage Division; and WHEREAS, Coburn Supply, Beaumont,Texas, submitted a bid in the unit amounts shown below for an estimated total expenditure of$167,640: QTY. Per Foot Total 1,000 12" pipe $3.78 $3,780.00 6,000 15" pipe $5.07 $30,420.00 2,000 18" pipe $7.16 $14,320.00 1,500 24" pipe $11.10 $16,650.00 700 30" pipe $17.30 $12,110.00 500 36" pipe $21.06 $10,530.00 200 48" pipe $34.83 $6,966.00 1,200 60" pipe $60.72 $72,864.00 Total $167,640.00 Delivery Time 3 days and WHEREAS, City Council is of the opinion that the bid submitted by Coburn Supply of Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Coburn Supply of Beaumont, Texas, in the unit amounts shown above for an estimated total expenditure of $167,640 for a one (1) year contract for the purchase of corrugated polyethylene pipe for use by the Public Works Department, Streets and Drainage Division, be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of April, 2007. - Mayor Guy N. Goodson - 7 April 10,2007 PUBLIC HEARING: Receive comments on the Public Services, Emergency Shelter Set-Aside and Public Facilities& Improvements line items of the 2007 Consolidated Grant Program City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: April 10, 2007 AGENDA MEMO DATE: April 4, 2007 REQUESTED ACTION: Council conduct a Public Hearing to receive public comments on Public Services, which includes the Public Facilities and Improvements and the Emergency Shelter Set-Aside line items of the 2007 Annual Action Plan. RECOMMENDATION: Administration recommends Council conduct a Public Hearing to receive public comments on Public Services,which includes the Public Facilities and Improvements and the Emergency Shelter Set-Aside line items of the 2007 Annual Action Plan. BACKGROUND: As mandated by the U. S.Department ofHousing and Urban Development(HUD),City Council has conducted public hearings and work sessions in previous years prior to adopting the City's Annual Action Plan. To date,the Community Development Advisory Committee(CDAC)has held three(3) meetings, of which one (1) meeting consisted of site visits to local non-profit agencies. Recommendations from the CDAC and Staff will be provided to City Council prior to the adoption of the 2007 Consolidated Grant Program Annual Action Plan. BUDGETARY IMPACT: The preliminary 2007 budget, comprised of federal allocations of $1,826,075 in Community Development Block Grant funds, $755,215 in HOME funds and $150,000 of estimated program income was adopted on March 6, 2007. The Public Services line item is comprised of$125,000 for Public Services and Public Facilities and Improvements and $85,000 for Emergency Shelter Set- Aside.