HomeMy WebLinkAboutPACKET MAR 04 2008 VOW�
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MARCH 4, 2008 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
i
* Confirmation of committee appointments
A) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary
sewer improvements in Wolf Creek Subdivision
B) Authorize the acceptance of an exclusive ten(10) foot wide water line easement for fire
hydrants across the Southern Fasteners site located at 7428 College
C) Authorize the acceptance of a ten(10) foot wide general utility easement [adjacent to 20
foot Water and Sanitary Sewer Easement] across the Broussard 200 acre tract located on
Dishman Road
D) Amend Resolution 08-052 to reflect the correct amount of the weed liens to include
interest and fees, against properties described as Lots 2 and 3 Block 25 Van Wormer
Addition,Lots 8, 9, and a fraction of Lot 7 Block 30 Van Wormer Addition, and Lot 12
Block 24 Van Wormer Addition
E) Authorize the City Manager to execute all documents necessary to accept funding from
the Department of State Health Services(D.S.H.S.)for the Tuberculosis Elimination
Division
F) Authorize the City Manager to join with Jefferson County in approving the Final
Rebanding Agreement for the 800 MHz Reconfiguration
A
11!. 1City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
4.69 ,
PREPARED BY: Tom Warner, Director of Public Works��G
MEETING DATE: March 4, 2008
REQUESTED ACTION: Council consider a resolution accepting maintenance of the street,
storm sewer, water and sanitary sewer improvements in Wolf
Creek Subdivision.
RECOMMENDATION
Administration recommends approval of the following:
• Wolf Creek Drive from existing Washington Village Parkway, approximately 380 feet
west to proposed Dylan Drive..
• Dylan Drive from proposed Canyon Circle, approximately 800 feet north to the 3-OM-4P,
end of roadway markers.
• Canyon Circle from proposed Dylan Drive approximately, 180 feet west of the cul-de-
sac.
• Ridgeline Circle from proposed Dylan Drive approximately, 210 feet west of the cul-de-
sac.
• Elk Run Circle from proposed Dylan Drive approximately, 210 feet west of the cul-de-
sac.
Also, recommended for approval are the water and sanitary improvements for Lots 1 and 2,
Block 2 and Lot 1, Block 3.
BACKGROUND
The aforementioned improvements in the subdivision passed final inspection by all entities
involved on February 27, 2008.
BUDGETARY IMPACT
None.
WolfCreekcg.wpd
02/27/2008
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ECTION - ONE
BLOCK 1 - LOTS 1 THROUGH 9
BLOCK 2 - LOTS 1 THROUGH 27
BLOCK 3 - LOTS 1 THROUGH 3
RESOLUTION NO.
WHEREAS, construction of the street, storm sewer, water and sanitary sewer
improvements constructed in the Wolf Creek Subdivision, have been completed as follows:
Street. Storm Sewer.
o Wolf Creek Drive from existing Washington Village Parkway,
approximately 380 feet west to proposed Dylan Drive.
o Dylan Drive from proposed Canyon Circle, approximately 800 feet
north to the 3-OM-4P, end of roadway markers.
o Canyon Circle from proposed Dylan Drive approximately, 180 feet
west of the cul-de-sac.
o Ridgeline Circle from proposed Dylan Drive approximately, 210 feet
west of the cul-de-sac.
o Elk Run Circle from proposed Dylan Drive approximately, 210 feet
west of the cul-de-sac.
Water and Sanitary Sewer Improvements
Lots 1 and 2 , Block 2
Lot 1, Block 3
WHEREAS, the developers of said street desire to have these improvements
accepted and maintained by the City; and,
WHEREAS, the director of the Public Works and Engineering Department have
determined that said improvements meet city standards and qualify for acceptance for
permanent maintenance, and the City Council is of the opinion that said improvements
should be accepted and maintained by the City of Beaumont;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the above-referenced street, storm sewer, water and sanitary sewer improvements
in the Wolf Creek Subdivision, with the exception of streetlights, are hereby accepted by
the City of Beaumont and shall be continuously maintained by the City contingent upon
filing of the final plat, complete with filings of dedication of all rights-of-way and easements
required on the preliminary and final plats and installation of the streetlights.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of
March, 2008.
- Mayor Becky Ames -
...... City Council� Y Agenda Item g
TO: City Council
FROM: Kyle Hayes, City Manager
-If LZO-
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: March 4, 2008
REQUESTED ACTION: Council consider a resolution authorizing the acceptance
of an exclusive ten (10) foot wide water line easement for
fire hydrants across the Southern Fasteners site located at
7428 College.
RECOMMENDATION
Administration recommends acceptance of the above named easement.
BACKGROUND
LST Capital, LLC, has agreed to convey an exclusive ten (10) foot wide water line easement to
the City of Beaumont. The easement is located across the Southern Fasteners site located at
7428 College and will provide mandatory access for fire prevention services for the property.
It would also allow for the construction, alteration, operation and maintenance of the said
water line and appurtenances:
Being a ten foot (10') wide exclusive water line easement, [0.0028 acre tract of
land] out of Lot 4, Block 4 of the Dishman Addition.
BUDGETARY IMPACT
None.
engfasteners-ib.wpd
28 January 0
2 0
8
RESOLUTION NO.
WHEREAS, LST Capital, LLC, has offered to convey an exclusive ten-foot (10')
wide water line easement across the Southern Fasteners site located at 7428 College,
being a ten foot (10) wide exclusive water line easement, (0.0028 acre tract of land) out
of Lot 4, Block 4 of the Dishman Addition, Jefferson County, Texas, to the City of
Beaumont as described in Exhibit"A and shown on Exhibit"B" attached hereto and made
a part hereof for all purposes for the purpose of providing access for fire prevention
services; and,
WHEREAS, the City Council has considered the purpose of said conveyance and
is of the opinion that the acceptance of said conveyance is necessary and desirable and
that same should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the easement conveyed by LST Capital, LLC, be and the same is hereby, in all
things, accepted.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of
March, 2008.
- Mayor Becky Ames -
EXHIBIT "A"
EX----- 2
FIELD NOTE DESCRIPTION
OF A
0.0028 ACRE TRACT
FOR A
WATER LINE EASEMENT
OUT OF LOT 4, BLOCK 4 OF
DISHMAN ADDITION
JEFFERSON COUNTY, TEXAS
DECEMBER 20, 2007
That certsin 0.0028 acre tract for a water line easement out of Lot4; Block 4 of the Dishman Addition, a
plat recorded in Volume 5, Page 172 of the Map Records of Jefferson County, Texas, and being out of a
called 0.630 acre tract conveyed to LST Capital, LLC as recorded in Clerks File No.2006043758 of the
Official Public Records of Jefferson County, Texas, said 0.0028 acres being more particularly described
by metes and bounds as follows:
Note: The Basis of Bearings is the north right-of-way line of College Street and the south line of the said
0.630 acre tract having been called West 165.20 feet.
COMMENCING at a PK nail found in the north right-of-way line of College Street for the southeast corner
of the said 0.630 acre tract from which a iron rod found for the southeast corner of Lot 1 of said Block 4
bears East 280.50 feet (called East 280.50 feet);
THENCE West along the said north right-of-way line of College Street and the south line of the said
0.630 acre tract a distance of 47.04 feet to a point for the southeast comer of the said 0.0028 acre tract
and the POINT OF BEGINNING;
THENCE West continuing along the said north right-of-way line of College Street and the said south line
of the 0.630 acre tract a distance of 10.00 feet to a point for the southwest corner of the said 0.0028 acre
tract from which a "X" found in concrete for the southwest corner of the said 0.630 acre tract bears West
108.16 feet (called West);
THENCE North along the west line of the said 0.0028 acre tract a distance of 12.00 feet to a point for the
northwest corner of the said 0.0028 acre tract;
THENCE East along the north line of the said 0.0028 acre tract a distance of 10.00 feet to a point for the
northeast corner of the said 0.0028 acre tract;
THENCE South along the east line of the said 0.0028 acre tract a distance of 12.00 feet to the POINT
OF BEGINNING and containing 0.0028 acres of land, more or less.
This description is ba d on a survey and plat made by Fittz & Shipman, Inc. during August 2000.
Walter J. Ksiazek
Registered Professiona and Sury or No. 5321 .E
FITTZ&SHIPMAN INC.
Page 1 of 1 �#_`g
Project No. 07150UE
Plat&Description
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FOUND "X"
IN CONCRE (CALLED S 89'46'52" E 164.89') FOUND 1/2"'
89'46'52" E 164.94' IRON ROD
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Pl P PL PL PL
EN TE% GLAS PIPELINE to I (CALLED EAST 280.5')
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IN CONCRETE (CALLED WEST 165.20') P.O.B. POINT(BASIS OF BEARINGS) FOUND
COLLEGE STREET
FOUND RON ROD
NUMBER DIRECTION DISTANCE NAIL
U WEST 47.04 (U.S. HWY 90)
L2 WEST 10.00
L3 NORTH 12.00
L4 EAST 10.00 n
LS SOUTH 12.00
L6 IWEST 1108.16
SURVEYOR'S CERTIFICATION: 0 15 30
I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF,
THAT THIS IS AN ACCURATE PLAT OF A SURVEY h DESCRIPTION MADE $ C A L E
ON THE GROUND UNDER MY SUPERVISION.
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WALTER J. KSIAZEK
REGISTERED PROFESSIONAL LA URVEYOR N0. 53
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0:\PROJECTS\07150\07150UE.DWG Jan 09, 2008 02:38pm --
WATER LINE EASEMENT SHEET NO.
Fittz�Shipman
INC. PROJECT NAME: LST PARTNERS, LLC 2
Consu lgrngEngmers and Land Surveyors 7398 COLLEGE STREET
1405 CORNERSTONE COURT, BEAUMONT. TEXAS BEAUMONT, TEXAS 77708 PROJECT NO.
(409) 832-7238 FA%(409) 832-7303 DATE:1-08-08 07150'0000
...... City g Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: March 4, 2008
REQUESTED ACTION: Council consider a resolution authorizing the acceptance
of a ten (10) foot wide general utility easement [adjacent
to 20 foot Water and Sanitary Sewer Easement] across the
Broussard 200 acre tract located on Dishman Road.
RECOMMENDATION
Administration recommends acceptance of the above named easement.
BACKGROUND
A. Huston Properties, LLC, Eloi Developments, LLC and the Beaumont Metropolitan YMCA
have agreed to convey a ten (10) foot wide general utility easement [adjacent to 20 foot Water
and Sanitary Sewer Easement] to the City of Beaumont. The easement is to be used to
accommodate the construction, alteration, operation and maintenance of the utility
improvements and their appurtenances on the property located on Dishman Road from the
Drainage District#6 property west to the LNVA Canal.
BUDGETARY IMPACT
None.
engdishman_broussard2-ib.wpd
28 January 2008
RESOLUTION NO.
WHEREAS,A. Huston Properties, LLC, Eloi Developments, LLC and the Beaumont
Metropolitan YMCA have conveyed a ten (10)foot wide general utility easement[adjacent
to 20 foot Water and Sanitary Sewer Easement] across the Broussard 200 acre tract
located on Dishman Road to the City of Beaumont as described in Exhibit "A and shown
on Exhibit "B" attached hereto and made a part hereof for all purposes; and,
WHEREAS,the City Council has considered the conveyance of said easement and
is of the opinion that the delivery and receipt of said easement of property is necessary and
desirable and that same should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the ten (10) foot wide general utility easement [adjacent to 20 foot Water and
Sanitary Sewer Easement] across the Broussard 200 acre tract located on Dishman Road
be and the same is hereby in all things accepted.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of
March, 2008.
- Mayor Becky Ames -
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EKIIBIT"A"
UTILITY EASEMENT
All that certain tract or parcel of land lying and being situated in Jefferson County,
Texas,a part of the southeast one quarter of the A.HOUSTON LEAGUE,ABSTRACT NO.
33 and being a part of that certain tract of land herein referred to as the`Broussard"Tract,
which said Broussard tract is described as"Exhibit A" in that certain Partition Deed dated
August 7, 1998 and recorded in County Clerk's-File No. 98-9829841 of the Real Property
Records of Jefferson County, Texas, with said tract or parcel herein described being more
particularly described as follows:
CONRAENCING at a Jefferson County Drainage District No. 6 monument found in
the south right of way line of Dishman Road,a 60 foot wide right of way,for the northeast
comer of the said Broussard tract and being the northwest comer of that certain tract of land
herein referred to as the"11.80 acres"tract,which said 11.80 acres is described in that certain
instrument from A.Huston Properties,LLC to Jefferson County Drainage District No.6 dated
December 19,2003 and recorded in County Clerk's File No.2003051955 of the Real Property
Records of Jefferson County,Texas;
THENCE South 02°56'12" East (called South 00°02'22" East) along and with the
west line of said 11.80 acre tract and the east line of said Broussard tract a distance of 20.00
feet to a 12 inch iron rod with cap stamped"SPI-INC"set for the POINT OF BEGINNING
of the herein described tract;
THENCE South 87°08' 41"West parallel and 20.00 feet south of the south right of
way line of Dishman Road for a distance of 2536.63 feet to a 12 inch iron with cap stamped
"SPI-INC"set for the northwest comer of the tract herein described,said comer being in the
west line of said Broussard tract and the east line of that certain tract of land herein referred to
as the "LNVA" tract, which said LNVA tract is described as "Strip No. 2" in that certain
instrument from the Lanman Company to Lower Neches Valley Authority dated September
10, 1954 and recorded in Volume 948,Page 160 of the Deed Records of Jefferson County,
Texas;
THENCE South 020 43'05"East(called South 00° 10' 19"West)along and with the
east line of the said LNVVA tract and the west line of said Broussard tract for a distance of
10.00 feet to a 12 inch rod with cap stamped"SPI-INC"set for the southwest corner of the
tract herein described;
THENCE North 87° 08' 41" East parallel with the north line of the said Broussard
tract and the south right of way line of Dishman Road for a distance of 2536.67 feet to a 12
inch iron rod with cap stamped "SPI-INC" set for the southeast comer of the tract herein
described,and said comer being in the east line of the said Broussard tract and the west line of
said 11.80 acre tract;
THENCE North 02°56' 12"West(called North 000 02'22"West)along and with the
west line of the said 1 1.80 acre tract for a distance of 10.00 feet to the Point of Beginning and
Containing 0.582 acres of land,more or less.
1 7-14-07 .........�................«»
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10' UTILITY EASEMENT
ACROSS THE
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City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager ,fir
PREPARED BY: Laura Clark, Chief Financial Officer"'
MEETING DATE: March 4, 2008
REQUESTED ACTION: Council consider a resolution to amend Resolution 08-052
to reflect the correct amount of the weed liens to include
interest and fees, against properties described as Lots 2 and
3 Block 25 Van Wormer Addition, Lots 8, 9, and a fraction
of Lot 7 Block 30 Van Wormer Addition, and Lot 12 Block
24 Van Wormer Addition.
RECOMMENDATION
Administration recommends approval of a resolution to amend Resolution 08-052 to reflect the
correct amount of the weed liens to include interest and fees, against properties described as Lots
2 and 3 Block 25 Van Wormer Addition, Lots 8, 9, and a fraction of Lot 7 Block 30 Van
Wormer Addition, and Lot 1.2 Block 24 Van Wormer Addition.
BACKGROUND
On Tuesday, February 26, 2008, the City Council approved a resolution authorizing the release
of weed liens against properties described as Lots 2 and 3 Block 25 Van Wormer Addition, Lots
8, 9, and a fraction of Lot 7 Block 30 Van Wormer Addition, and Lot 12 Block 24 Van Wormer
Addition. Resolution 08-052 did not include interest and fees also assessed on those properties.
The total amount of the weed liens including principal, interest, and fees is $4,692.13 and is
allocated below.
Description Principal Interest Fees
Lots 2 and 3 Block 25 Van Wormer Addition $ 185.00 $ 217.14 $ 3.00
Lots 8, 9, and a fraction of Lot 7 Block 30
Van Wormer Addition 65.00 156.80 --
Lot 12 Block 24 Van Wormer Addition 1,554.94 2,465.25 45.00
Totals $ 1,804.94 $ 2,839.19 $ 48.00
BUDGETARY IMPACT
None.
RESOLUTION NO.
WHEREAS, City Council approved Resolution No. 08-052 on February 26, 2008,
authorizing the City Manager to release weed liens in the amount of$1,404.94; and,
WHEREAS, interest in the amount of$2,839.19 and fees in the amount of$48 were
not included; and,
WHEREAS, City Council wishes to release the weed liens as shown below:
Description Principal Interest Fees
Lots 2 and 3 Block 25 Van Wormer Addition $ 185.00 $ 217.14 $ 3.00
Lots 8, 9, and a fraction of Lot 7 Block 30
Van Wormer Addition 65.00 156.80 --
Lot 12 Block 24 Van Wormer Addition 1,554.94 2,465.25 45.00
Totals $ 1,804.94 $ 2,839.19 $ 48.00
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT Resolution No. 08-052 be and the same is hereby amended and the City Manager
is authorized to execute all documents necessary to evidence the release of the weed liens
in the total amount of$4,692.13 as shown above.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of
March, 2008.
- Mayor Becky Ames -
E
City Council Agenda Item
� c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Ingrid Holmes, Public Health Director
MEETING DATE: March 4, 2008
REQUESTED ACTION: Council consider authorizing the City Manager to execute all
documents necessary to accept funding from the Department
of State Health Services(D.S.H.S.)for the Tuberculosis
Elimination Division.
RECOMMENDATION
Administration recommends Council approval.
BACKGROUND
The City of Beaumont Public Health Department develops and provides basic services and associated
activities for tuberculosis (T.B.) prevention and control. The Health Department also expands
outreach services to individuals of identified special populations who have T.B. or who are at high
risk of developing T.B. The Department of State Health Services (D.S.H.S.) will provide the
Beaumont Public Health Department grant funds in the amount of$95,000.00 to provide the services.
This contract begins on 09/01/2007 and ends on 08/31/2008.
BUDGETARY IMPACT
None. There is not a match requirement.
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 all documents
necessary to accept funding in the amount of$95,000 from the Department of State Health
Services (D.S.H.S.) for the Tuberculosis Elimination Division.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of
March, 2008.
- Mayor Becky Ames -
CONTRACT NO. 2008-025323
PROGRAM ATTACHMENT NO. 001
PURCHASE ORDER NO.0000334831
CONTRACTOR: BEAUMONT PUBLIC HEALTH DEPARTMENT
DSHS PROGRAM: HEALTH SERVICE REGION 6/5S-TBPC
TERM: 09/01/2007 THRU: 08/31/2008
SECTION I. STATEMENT OF WORK:
Throughout the Contractor's defined service area of Jefferson Beaumont Public Health Department,
the Contractor shall develop and provide(1)basic services and associated activities for tuberculosis
(TB)prevention and control;and(2)expanded outreach services to individuals of identified special
populations who have TB or who are at high risk of developing TB.
Contractor shall provide basic and expanded outreach services in compliance with the following:
• Diagnostic Standards and Classification of Tuberculosis in Adults and Children,
(American Journal of Respiratory and Critical Care Medicine, Vol. 161,pp. 1376-1395,
2000);
• Treatment of Tuberculosis, (ATS/CDC/IDSA), 2003 available at
http://www.cdc.gov/tb/pubs/mmwr/Maj_guide/default.htm;
• Targeted Tuberculin Testing and Treatment of Latent TB Infection(LTBI),Morbidity and
Mortality Weekly Report, Vol. 49,No. RR-6, 2000;
• Updated: Adverse Event Data and Revised American Thoracic Society/CDC
Recommendations Against the Use of Rifampin and Pyrazinamide for Treatment of
Latent Tuberculosis Infection—United States, 2003, MMWR 52 (No. 31); and
• Controlling Tuberculosis in the United States,MMWR, Vol. 54,No. RR-12, 2005.
Contractor shall comply with all applicable federal and state,regulations and statues,including,but
not limited to, the following:
• Texas Tuberculosis Code, Health and Safety Code, Chapter 13, subchapter B;
• Communicable Disease Prevention and Control Act, Health and Safety Code, Chapter 81;
• Screening and Treatment for Tuberculosis in Jails and Other Correctional Facilities,
Health and Safety Code, Chapter 89;
• Texas Administrative Code TAC, Title 25, Part 1, Chapter 97, Subchapter A, Control of
Communicable Diseases; and
• Texas Administrative Code TAC, Title 25, Part 1, Chapter 97, Subchapter H,
Tuberculosis Screening for Jails and Other Correctional Facilities.
PROGRAM ATTACHMENT—Page 1
Contractor must receive written approval from DSHS before varying from applicable policies,
procedures and protocols,and must update its implementation documentation within forty-eight(48)
hours of making approved changes so that staff working on activities under this contract knows of
the change(s).
DSHS reserves the right,where allowed by legal authority,to redirect funds in the event of financial
shortfalls. DSHS will monitor Contractor's expenditures on a quarterly basis. If expenditures are
below that projected in Contractor's total Contract amount, as shown in SECTION VI. BUDGET,
Contractor's budget may be subject to a decrease for the remainder of the Contract term. Vacant
positions existing after ninety(90) days may result in a decrease in funds.
Because of the inherent time to complete treatment for tuberculosis disease and latent tuberculosis
infection in relation to the period of this Contract,required reporting under this Contract will show
results for work performed under previous versions of this Contract.
Contractor shall provide an annual narrative report, in the format provided by DSHS, on their
performance goals,objectives,and screening activities. That report shall include a detailed analysis
of performance related to the performance measures listed below.A progress report of activities in
January through December shall also be submitted in a format provided by DSHS. The narrative
program report shall be sent to the Texas Department of State Health Services, Infectious Disease
Intervention and Control Branch,Mail Code 1939,P.O.Box 149347,Austin,Texas 78714-9347 via
regular mail, fax, or e-mail. Contractor shall maintain the documentation used to calculate
performance measures as required by the General Provisions Article VIII"Records Retention"and
by the Texas Administrative Code Title 22, Part 9 Chapter 165, §165.1 regarding the retention of
medical records. Report periods and due dates are as follows:
PERIOD COVERED DUE DATE
January—December 2007 March 1, 2008
Contractor shall send all initial reports of confirmed and suspected TB cases to DSHS within
seven(7)working days of identification or notification. Any updates to initial DSHS'Report of
Cases and Patient Services Form (TB-400) (e.g., diagnosis, medication changes, x-rays, and
bacteriology) and case closures shall be sent to DSHS, Attention: Maria G. Rodriguez, at P.O.
Box 149347, Mail Code 1939, Austin, Texas 78714-9347.
Contractor shall send an initial report of contacts on all Class 3 TB cases and smear-positive
Class 5 TB suspects within thirty Y
(30) days of identification using DSHS' Report of Contacts
Form(TB-340 and TB-341). Any new follow-up information(not included in the initial report)
related to the evaluation and treatment of contacts shall be sent to DSHS on the TB-340 and TB-
341 at intervals of 90 days, 120 days, and 2 years after the day the Contractor became aware of
the TB case.
Electronic reporting to DSHS for Class 3 TB cases,smear positive Class 5 TB suspects,and their
contacts may become available during the term of this Contract. Once notified of this option by
PROGRAM ATTACHMENT—Page 2
DSHS, Contractor may avail itself of this option if it adheres to all the electronic reporting
requirements (including system requirements)provided at that time.
Contractor will begin collecting information no later than January 1,2008 to determine the number
of persons who received from the Contractor at least one TB service, including but not limited to:
tuberculin skin tests; chest radiographs;health care worker services; or treatment with one or more
anti-tuberculosis medications.
SECTION II. PERFORMANCE MEASURES:
The following performance measures will be used to assess, in part, Contractor's effectiveness in
providing the services described in this Contract, without waiving the enforceability of any of the
other terms of the Contract or any other method of determining compliance.
1. 90% of cases and suspected cases under treatment in 2007 are on directly observed
therapy(DOT);
2. 92% of eligible* TB cases reported in 2006 complete a course of curative TB treatment
within twelve(12)months of initiation of treatment;
3. 95% of TB patients reported in 2006 with initial positive cultures are tested for drug
susceptibility and have those test results documented in their medical record;
4. 92% of smear positive TB cases reported in 2007 have at least one(1) contact identified;
5. 72% of identified contacts to smear-positive TB cases reported in 2006 shall be evaluated
for TB infection or disease;
6. 63%of infected contacts(to smear-positive cases reported in 2006)who are started on
treatment for LTBI shall complete therapy;
7. 73% of adults (age>14)with TB disease reported in 2007 are tested for HIV;
8. 83% of adults (age 25-44) with TB disease reported in 2007 are tested for HIV;
9. 90% of immigrants and refugees with a class A notification** to the Contractor's service
area during 2006 will complete treatment for TB disease;
10. 56% of immigrants and refugees with a class B1 notification*** to the Contractor's
service area during 2006 will complete evaluation for LTBI or TB disease;
11. 85% of immigrants and refugees with a B1 notification to the Contractor's service area
during 2006 that are diagnosed with TB disease will complete treatment;
12. 56% of immigrants and refugees with a class B2 notification**** to the Contractor's
service area during 2006 will complete evaluation for LTBI or TB disease;
13. 85% of immigrants and refugees with a B2 notification to the Contractor's service area
during 2006 that are diagnosed with TB disease will complete treatment; and
14. Number of TB cases in US-born non-Hispanic African-Americans.
II
*Exclude TB cases 1) diagnosed at death, 2) who die during therapy, 3) who are resistant to
rifampin,4)who have meningeal disease, and 5)who are younger than 15 years with either miliary
disease or a positive blood culture for TB.
**Class A notification— overseas screening indicates radiograph compatible with active TB and
sputum smear microscopy is positive for acid-fast bacilli.
***Class B1 notification—overseas screening indicates radiograph compatible with active TB.
PROGRAM ATTACHMENT—Page 3
****Class B2 notification—overseas screening indicates radiograph compatible with inactive TB.
If the Contractor fails to meet any of the performance measures,the Contractor shall furnish in the
narrative report due March 1, 2008, a written explanation including a plan(with schedule)to meet
those measures.
The Infectious Disease Intervention and Control Branch Tuberculosis Prevention and Control
Program shall calculate compliance with performance measures based on: information maintained in
databases kept at the Tuberculosis Prevention and Control Program; audits and/or inspections;
scheduled program reviews; and using any other information available to DSHS.
SECTION III. SOLICITATION DOCUMENT:
N/A
SECTION IV. RENEWALS:
DSHS may renew the Program Attachment for up to one (1) additional one-year term, at DSHS's
sole discretion.
SECTION N V. PAYMENT METHOD:
I
Cost Reimbursement
SECTION VI. BILLING INSTRUCTIONS:
Contractor shall request payment using the State of Texas Purchase Voucher (Form B-13) and
acceptable supporting documentation for reimbursement of the required services/deliverables.
Vouchers and supporting documentation should be mailed or submitted by fax or electronic mail to
the addresses/number below.
Department of State Health Services
Claims Processing Unit, MC 1940
1100 West 49th Street
PO Box 149347
Austin, TX 78714-9347
The fax number for submitting State of Texas Purchase Voucher (Form B-13) to the Claims
Processing Unit is (512)458-7442. The email address is invoices(adshs.state.tx.us.
SECTION VII. BUDGET:
SOURCE OF FUNDS: STATE
SECTION VIII. SPECIAL PROVISIONS:
PROGRAM ATTACHMENT—Page 4
General Provisions, are revised to include the following:
General Provisions, FUNDING Article, is revised to include the following:
Funding from this Contract shall not be used to supplant(i.e.,used in place of funds dedicated,
appropriated or expended for activities funded through this Contract) state or local funds, but
Contractor shall use such funds to increase state or local funds currently available for a particular
activity. Contractor shall maintain local funding at a sufficient rate to support the local program.
If the total cost of the project is greater than DSHS' share set out in SECTION VII. BUDGET,
Contractor shall supply funds for the remaining costs in order to accomplish the objectives set
forth in this Contract.
All revenues directly generated by this Contract or earned as a result of this Contract during the
term of this Contract are considered program income; including income generated through
Medicaid billings for TB related clinic services. Contractor may use the program income to
further the scope of work detailed in this Contract,and must keep documentation to demonstrate
such to DSHS's satisfaction. This program income may not be used to take the place of existing
local, state, or federal program funds.
General Provisions,PAYMENT METHODS AND RESTRICTIONS Article,Billing Submission
Section, is hereby revised to add:
Quarterly Financial Status Reports(Form 269A)from Contractor shall be provided to DSHS in
the format provided by the DSHS. These reports shall be mailed to Texas Department of State
Health Services,Attention:Accounting Section,Claims Processing Unit, 1100 West 49`h Street,
Austin,Texas 78756. One(1)copy of each quarterly financial status report shall be mailed to the
Texas Department of State Health Services, Attention: David Godwin, Mail Code 1960, 5425
Polk St. Suite J,Houston,Texas 77053. These reports shall be submitted on a quarterly basis as
follows:
PERIOD COVERED DUE DATE
September, October,November December 31, 2007
December, January,February March 31, 2008
March, April, May June 30, 2008
June, July, August October 31, 2008
PROGRAM ATTACHMENT—Page 5
20OA-025323-001
Categorical Budget:
EE E t 3ay� B'.z� ✓ r / 3 EB" 5 - �
r
f 3(g8 £ Y L. 1 CSR
FRINGE BENEFITS $24,800.00
f a r OWky�b
0 Y, OWN,,
EQUIPMENT $0.00
CONTRACTUAL $14,000.00
tB a dntyy -�8 P BE _ ELY A�x3 lei€BCE
�`Y � 6 PAIR,
Yom.
E E
TOTAL DIRECT CHARGES $95,000.00
-$P,00:
TOTAL $95,000.00
W4 sl .9S%s € $' •00
CONTRACTOR SHARE $0.00
u0 pz Os00
i
Total reimbursements will not exceed $95,000.00
Financial status reports are due: 12/31/2007, 03/31/2008, 06/30/2008, 10/31/2008
DEPARTMENT OF STATE HEALTH SERVICES
q A.
ip
This contract, number 2008-025323 (Contract), is entered into by and between the Department
of State Health Services (DSHS or the Department), an agency of the State of Texas, and
BEAUMONT PUBLIC HEALTH DEPARTMENT (Contractor), a Government Entity,
(collectively, the Parties).
1. Purpose of the Contract. DSHS agrees to purchase, and Contractor agrees to provide,
services or goods to the eligible populations as described in the Program Attachments.
2. Total Amount of the Contract and Payment Method(s). The total amount of this Contract
is $95,000.00; and the payment method(s) shall be as specified in the Program Attachments.
3. Funding Obligation. This Contract is contingent upon the continued availability of funding.
If funds become unavailable through lack of appropriations, budget cuts, transfer of funds
between programs or health and human services agencies, amendment to the Appropriations Act,
health and human services agency consolidation, or any other disruptions of current appropriated
funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract.
4. Term of the Contract. This Contract begins on 09/01/2007 and ends on 08/31/2008. DSHS
has the option, in its sole discretion, to renew the Contract as provided in each Program
Attachment. DSHS is not responsible for payment under this Contract before both parties have
signed the Contract or before the start date of the Contract, whichever is later.
5. Authority. DSHS enters into this Contract under the authority of Health and Safety Code,
Chapter 1001.
6. Documents Forming C ontract. The Contract consists of the following:
a. Core Contract(this document)
b. Program Attachments:
2008-025323-001 HSR 6/5S-TBPC
c. General Provisions (Sub-recipient)
d. Solicitation Document(s), and
e. Contractor's response(s) to the Solicitation Document(s).
f. Exhibits
Any changes made to the Contract, whether by edit or attachment, do not form part of the
Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein.
92648-1
7. Conflicting Terms. In the event of conflicting terms among the documents forming this
Contract, the order of control is first the Core Contract, then the Program Attachment(s), then the
General Provisions, then the Solicitation Document, if any, and then Contractor's response to the
Solicitation Document, if any.
8. Payee. The Parties agree that the following payee is entitled to receive payment for services
rendered by Contractor or goods received under this Contract:
Name: CITY OF BEAUMONT
Address: P.O. BOX 3827
BEAUMONT, TX 77704
Vendor Identification Number: 17460002789023
9. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of
the Parties and that there are no agreements or understandings, written or oral, between them
with respect to the subject matter of this Contract, other than as set forth in this Contract.
By signing below, the Parties acknowledge that they have read the Contract and agree to its
terms, and that the persons whose signatures appear below have the requisite authority to execute
this Contract on behalf of the named party.
DEPARTMENT OF STATE HEALTH SERVICES BEAUMONT PUBLIC HEALTH
DEPARTMENT
By: By:
Signature of Authorized Official Signature
Date Date
Bob Burnette, C.P.M., CTPM
Printed Name and Title
Director, Client Services Contracting Unit
Address
1100 WEST 49TH STREET
AUSTIN, TEXAS 78756 City, State, Zip
(512)458-7470
Telephone Number
Bob.Bumette@dshs.state.tx.us
E-mail Address for Official Correspondence
92648-1
FISCAL YEAR 2008 PERFORMANCE CONTRACT
GENERAL PROVISIONS
(Core/Subrecipient)
TABLE OF CONTENTS
ARTICLE I COMPLIANCE AND REPORTING 1
1.01 Compliance with Statutes and Rules 1
1.02 Compliance with Requirements of Solicitation Document 1
1.03 Reporting 1
1.04 Client Eligibility 1
1.05 Applicable Contracts Law and Venue for Disputes
1.06 Applicable Laws and Regulations Regarding Funding Sources 2
1.07 Statutes and Standards of General Applicability
1.08 General Provisions Applicable to Interagency & Interlocal Contracts 4
ARTICLE II SERVICES 5
2.01 Education to Persons in Residential Facilities 5
2.02 Disaster Services 5
2.03 Consent to Medical Care 5
2.04 Telemedicine Medical Services 6
2.05 Fees for Professional Health Services 6
2.06 Cost Effective Purchasing of Medications 6
ARTICLE III FUNDING 6
3.01 Debt to State and Corporate Status 6
3.02 Application of Payment Due 7
3.03 Use of Funds 7
3.04 Use for Match Prohibited 7
3.05 Program Income 7
3.06 Nonsupplanting 7
ARTICLE IV PAYMENT METHODS AND RESTRICTIONS 8
4.01 Payment Methods 8
4.02 Billing Submission 8
4.03 Final Billing Submission 8
4.04 Working Capital Advance 8
4.05 Financial Status Reports (FSRs) 8
4.06 Third Party Payors 9
ARTICLE V TERMS AND CONDITIONS OF PAYMENT 9
5.01 Prompt Payment 9
5.02 Withholding Payments 9
5.03 Condition Precedent to Requesting Payment 9
5.04 Acceptance as Payment in Full 10
ARTICLE VI ALLOWABLE COSTS AND AUDIT REQUIREMENTS
General Provisions (Core Subrecipient 2008)Table of Contents 6/12/2007 1
10
6.01 Independent Audit 10
6.02 Allowable Costs 10
6.03 Submission of Audit 11
ARTICLE VII CONFIDENTIALITY 12
7.01 Maintenance of Confidentiality 12
7.02 Use of PHI 12
7.03 Disclosure to Department 12
7.04 Department Access to PHI 12
7.05 Exchange of Client-Identifying Information 12
7.06 Security of Patient or Client Records 13
7.07 HIV/AIDS Model Workplace Guidelines 13
ARTICLE VIII RECORDS RETENTION 13
8.01 Retention 13
ARTICLE IX ACCESS AND INSPECTION 14
9.01 Access 14
9.02 State Auditor's Office 14
9.03 Responding to Deficiencies 14
ARTICLE X NOTICE REQUIREMENTS 15
10.01 Child Abuse Reporting Requirement 15
10.02 Significant Incidents 15
10.03 Litigation 15
10.04 Action Against Contractor 15
10.05 Insolvency 16
10.06 Misuse of Funds 16
10.07 Criminal Activity and Disciplinary Action 16
10.08 Retaliation Prohibited 16
10.09 Documentation 16
ARTICLE XI ASSURANCES AND CERTIFICATIONS 16
11.01 Certification 16
11.02 Child Support Delinquencies 17
11.03 Authorization 17
11.04 Gifts and Benefits Prohibited 17
11.05 Ineligibility to Receive the Contract 18
11.06 Antitrust 18
11.07 Initiation and Completion of Work 18
ARTICLE XII GEN. BUS. OPERATIONS OF CONTRACTOR 18
12.01 Board Training 18
12.02 Duty of Compliance 18
General Provisions (Core Subrecipient 2008)Table of Contents 6/12/2007 2
12.03 Management and Control Systems 19
12.04 Insurance and Bonding 19
12.05 Fidelity Bond 19
12.06 Liability Coverage 20
12.07 Overtime Compensation 20
12.08 Program Site 20
12.09 Cost Allocation Plan 20
12.10 Reporting for Unit Rate and Fee for Service Contracts 21
12.11 Historically Underutilized Businesses(HUBS) 21
12.12 Buy Texas 21
12.13 Contracts with Subrecipient Subcontractors 21
12.14 Status of Subcontractors 22
12.15 Incorporation of Terms 22
12.16 Independent Contractor 22
12.17 Authority to Bind 22
12.18 Tax Liability 22
12.19 Notice of Organizational Change 23
12.20 Quality Management 23
12.21 Equipment and Controlled Assets Purchases 23
12.22 Supplies 23
12.23 Changes to Equipment List 23
12.24 Property Inventory and Protection of Assets 24
12.25 Bankruptcy 24
12.16 Title to Property 24
12.27 Property Acquisitions 24
12.28 Disposition of Property 24
12.29 Closeout of Equipment 25
12.30 Assets as Collateral Prohibited 25
ARTICLE XIII GENERAL TERMS 25
13.01 Assignment 25
13.02 Lobbying 25
13.03 Conflict of Interest 25
13.04 Transactions Between Related Parties 25
13.05 Intellectual Property 25
13.06 Other Intangible Property 27
13.07 Severability and Ambiguity 28
13.08 Legal Notice 28
13.09 Successors 28
13.10 Headings 28
13.11 Parties 28
13.12 Survivability of Terms 28
13.13 Direct Operation 28
13.14 Customer Service Information 28
13.15 Amendment 28
13.16. Contractor's Notification of Change to Certain Contract Provisions 29
General Provisions (Core Subrecipient 2008)Table of Contents 6/12/2007 3
13.17 Contractor's Request for Revision of Certain Contract Provisions 29
13.18 Immunity Not Waived 30
13.19 Hold Harmless 30
13.20 Waiver 30
13.21 Contracting with Executive Head of State Agency 30
13.22 Technology Accessibility 31
ARTICLE XIV BREACH OF CONTRACT AND REMEDIES FOR
NON-COMPLIANCE 31
14.01 Actions Constituting Breach of Contract 31
14.02 General Remedies and Sanctions 32
14.03 Notice of Remedies or Sanctions 34
14.04 Emergency Action 35
ARTICLE XV CLAIMS AGAINST THE DEPARTMENT 35
15.01 Breach of Contract Claim 35
15.02 Notice 35
15.03 Sole Remedy 36
15.04 Condition Precedent to Suit 36
15.05 Performance Not Suspended 36
ARTICLE XVI TERMINATION 36
16.01 Expiration of Contract or Program Attachment(s) 36
16.02 Effect of Termination 36
16.03 Acts Not Constituting Termination 36
16.04 Termination Without Cause 37
16.05 Termination For Cause 37
16.06 Notice of Termination 39
ARTICLE XVII VOID,SUSPENDED AND TERMINATED
CONTRACTS 39
17.01 Void Contracts 39
17.02 Effect of Void, Suspended or Involuntarily Terminated Contract 39
17.03 Appeals Rights 39
ARTICLE XVIII CLOSEOUT AND CONTRACT
RECONCILIATION 39
18.01 Cessation of Services at Closeout 39
18.02 Administrative Offset 40
18.03 Deadline for Closeout 40
18.04 Payment of Refunds 40
18.05 Disallowances and Adjustments 40
18.06 Contract Reconciliation 40
General Provisions (Core Subrecipient 2008)Table of Contents 6/12/2007 4
Fiscal Year 2008 Performance Contract
General Provisions
(Core/Subrecipient)
ARTICLE I COMPLIANCE AND REPORTING
Section 1.01 Compliance with Statutes and Rules. Contractor shall comply,
and shall require its subcontractor(s) to comply, with the requirements set forth in
the Department's rules of general applicability and other applicable state and
federal statutes, regulations and rules as such statutes, regulations and rules
currently exist and as they may be lawfully amended. The Department rules are set
forth in the Texas Administrative Code, Title 25 (Rules). To the extent this
Contract imposes a higher standard, or additional requirements beyond those
required by applicable statutes, regulations or the Rules, the terms of the Contract
shall control.
Section 1.02 Compliance with Requirements of Solicitation Document.
Except as specified in these General Provisions or the Program Attachment(s),
Contractor shall comply with the requirements, eligibility conditions, assurances,
certifications and program requirements of the Solicitation Document (including
any revised or additional terms agreed to in writing by Contractor and DSHS prior
to execution of this Contract) for the duration of this Contract or any subsequent
renewals. The Parties agree that the Department has relied upon the Contractor's
response to the Solicitation Document. The Parties agree that any
misrepresentation contained in the Contractor's response to the Solicitation
Document s hall constitute a breach of this Contract.
Section 1.03 Reporting. Contractor shall submit reports in accordance with the
reporting requirements established by the Department and shall provide any other
information requested by the Department in the format required by DSHS. Failure
to submit a required report or additional requested information by the due date
specified in the Program Attachment(s) or upon request constitutes a breach of
contract, may result in delayed payment, and may adversely affect evaluation of
Contractor's future contracting opportunities with the Department.
Section 1.04 Client Eligibility. Where applicable, financial eligibility criteria,
financial assessment procedures, and standards developed by the Department shall
be utilized by Contractor to determine client eligibility.
Section 1.05 Applicable Contracts Law and Venue for Disputes. Regarding
all issues related to contract formation, performance, interpretation, and any issues
that may arise in any dispute between the Parties, the Contract shall be governed by,
and construed in accordance with, the laws of the State of Texas. In the event of a
dispute between the Parties, venue for any suit shall be Travis County, Texas.
General Provisions (Core Subrecipient 2008) 6/12/2007 1
Section 1.06 Applicable Laws and Regulations Regarding Funding Sources.
Where applicable, federal statutes and regulations, including federal grant
requirements applicable to funding sources, shall apply to this Contract. Contractor
agrees to comply with applicable laws, executive orders, regulations and policies as
well as Office of Management and Budget(OMB) Circulars,the Uniform Grant and
Contract Management Act of 1981 (UGMA), TEX. Gov'T. CODE ch. 783, as
amended, and Uniform Grant Management Standards (UGMS) as amended by
revised federal circulars and incorporated in UGMS by the Governor's Budget and
Planning Office. UGMA is located on the Internet at
http://tlo2.tic.state.tx.us/statutes/statutes.html;the UGMS are located on the Internet
at
http://www.govemor.state.tx.us/divisions/state&mts/euidelines/files/UGMS062004
.doc. Contractor also shall comply with all applicable federal and state assurances
contained in UGMS, Part III, State Uniform Administrative Requirements for
Grants and Cooperative Agreement §_.14.
Section 1.07 Statutes and Standards of General Applicability. It is
Contractor's responsibility to review and comply with all applicable statutes, rules,
regulations, executive orders and policies. To the extent applicable to Contractor,
Contractor agrees to comply with the following:
a) The following statutes and DSHS policy that collectively prohibit
discrimination on the basis of race, color, national origin, limited English
proficiency, sex, sexual orientation (where applicable), disabilities, age, substance
abuse or religion: 1)Title VI of the Civil Rights Act of 1964, 42 U.S.C.A. §§ 2000d
et seq.; 2) Title IX of the Education Amendments of 1972, 20 U.S.C.A. §§ 1681-
1683, and 1685-1686; 3) Section 504 of the Rehabilitation Act of 1973, 29
U.S.C.A. § 794(a); 4) the Americans with Disabilities Act of 1990, 42 U.S.C.A. §§
12101 et seq.; 5) Age Discrimination Act of 1975, 42 U.S.C.A. §§ 6101-6107: 6)
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, 42 U.S.C.A. § 290dd (b)(1); 7) 45 CFR Parts 80, 84, 86
and 91; 8) U.S. Department of Labor, Equal Employment Opportunity E.O. 11246,
as amended and supplemented; 9) TEx. LAB. CODE. ch. 21; and 10) DSHS Policy
AA-5018,Non-discrimination Policy for DSHS Programs;
b) Drug Abuse Office and Treatment Act of 1972, 21 U.S.C.A. §§ 1101 et
seq., relating to drug abuse;
C) Public Health Service Act of 1912, §§ 523 and 527, 42 U.S.C.A. § 290dd-
2, and 42 C.F.R. pt. 2, relating to confidentiality of alcohol and drug abuse patient
records;
d) Title VIII of the Civil Rights Act of 1968, 42 U.S.C.A. §§ 3601 et seq.,
relating to nondiscrimination in housing;
e) Immigration Reform and Control Act of 1986, 8 U.S.C.A. § 1324a,
regarding employment verification;
fl Pro-Children Act of 1994, 20 U.S.C.A. §§ 6081-6084, regarding the non-
use of all tobacco products;
g) National Research Service Award Act of 1971, 42 U.S.C.A. §§ 289a-1 et
seq., and 6601 (P.L. 93-348 and P.L. 103-43), as amended, regarding human
General Provisions (Core Subrecipient 2008) 6/12/2007 2
subjects involved in research;
h) Hatch Political Activity Act, 5 U.S.C.A. §§ 1501-1508 and 7321-26,
which limits the political activity of employees whose employment is funded with
federal funds;
i) Fair Labor Standards Act, 29 U.S.C.A. §§ 201 et seq., and the
Intergovernmental Personnel Act of 1970, 42 U.S.C.A. §§ 4701 et seq., as
applicable,concerning minimum wage and maximum hours;
j) TEX. Gov'T CODE ch. 469 (Supp. 2004), pertaining to eliminating
architectural barriers for persons with disabilities;
k) Texas Workers' Compensation Act, TEX. LABOR CODE, chs. 401-406 28
TEX.Amm CODE pt. 2,regarding compensation for employees' injuries;
1) The Clinical Laboratory Improvement Amendments of 1988, 42 USC §
263x,regarding the regulation and certification of clinical laboratories;
m) The Occupational Safety and Health Administration Regulations on Blood
Borne Pathogens, 29 CFR § 1910.1030, or Title 25 Tex. Admin. Code ch. 96
regarding safety standards for handling blood borne pathogens;
n) Laboratory Animal Welfare Act of 1966, 7 USC §§ 2131 et seq.,
pertaining to the treatment of laboratory animals;
o) Environmental standards pursuant to the following: 1) Institution of
environmental quality control measures under the National Environmental Policy
Act of 1969, 42 USC §§ 4321-4347 and Executive Order 11514 (35 Fed. Reg.
4247), "Protection and Enhancement of Environmental Quality;" 2) Notification of
violating facilities pursuant to Executive Order 11738 (40 CFR Part 32), "Providing
for Administration of the Clean Air Act and the Federal Water Pollution Control
Act with respect to Federal Contracts, Grants, or Loans;" 3) Protection of wetlands
pursuant to Executive Order 11990, 42 Fed. Reg. 26961; 4) Evaluation of flood
hazards in floodplains in accordance with Executive Order 11988, 42 Fed. Reg.
26951 and, if applicable, flood insurance purchase requirements of Section 102(a)
of the Flood Disaster Protection Act of 1973 (P.L. 93-234); 5)Assurance of project
consistency with the approved State Management program developed under the
Coastal Zone Management Act of 1972, 16 USC §§ 1451 et seq; 6) Federal Water
Pollution Control Act, 33 USC §1251 et seq.; 7) Protection of underground sources
of drinking water under the Safe Drinking Water Act of 1974, 42 USC §§ 300f-
300j; 8) Protection of endangered species under the Endangered Species Act of
1973, 16 USC §§ 1531 et seq.; 9) Conformity of federal actions to state clean air
implementation plans under the Clean Air Act of 1955, 42 USC §7401 et seq.; 10)
Protection of underground sources of drinking water under the Safe Drinking Water
Act of 1974, 42 USC §§300f-330j; 11) Wild and Scenic Rivers Act of 1968 (16
U.S.C. §§ 1271 et seq.) related to protecting certain rivers system; and 12) Lead-
Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) prohibiting the
use of lead-based paint in residential construction or rehabilitation;
P) Intergovernmental Personnel Act of 1970 (42 USC §§4278-4763
regarding personnel merit systems for programs specified in Appendix A of the
federal Office of Program Management's Standards for a Merit System of
Personnel Administration(5 C.F.R. Part 900, Subpart F);
Relocation Assistance and Real Property
Titles II and III of the Uniform R p Y
General Provisions (Core Subrecipient 2008) 6/12/2007 3
Acquisition Policies Act of 1970 (P.L. 91-646), relating to fair treatment of persons
displaced or whose property is acquired as a result of Federal or federally-assisted
programs;
r) Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), the Copeland Act (40
U.S.C. § 276c and 18 U.S.C. § 874), and the Contract Work Hours and Safety
Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-
assisted construction subagreements;
S) National Historic Preservation Act of 1966, §106 (16 U.S.C. § 470),
Executive Order 11593, and the Archaeological and Historic Preservation Act of
1974 (16 U.S.C. §§ 469a-1 et seq.) regarding historic property to the extent
necessary to assist DSHS in complying with the Acts;
t) Financial and compliance audits in accordance with Single Audit Act
Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local
Governments, and Non-Profit Organizations;"and
U) requirements of any other applicable statutes,executive orders, regulations
and policies.
If this Contract is funded by a grant, additional requirements found in the Notice of
Grant Award are imposed on Contractor and incorporated herein by reference.
Section 1.08 General Provisions Applicable to Interagency and Interlocal
Contracts. Certain sections or portions of sections of these General Provisions shall
not apply to Contractors that are State agencies or units of local government; and
certain additional provisions shall apply to such Contractors.
a) The following sections or portions of sections of these General Provisions shall
not apply to interagency or interlocal contracts:
1) Hold Harmless;
2) Independent Contractor(delete the third sentence in its entirety; delete the
word"employees"in the fourth sentence;the remainder of the section applies);
3) Insurance and Bonding;
4) Liability Coverage;
5) Fidelity Bond;
6) Board Training; and
7) Historically Underutilized Businesses (Contractor, however, shall comply
with HUB requirements of other statutes and rules specifically applicable
to that entity).
b) The following additional provisions shall apply to interagency contracts:
1) This Contract is entered into pursuant to the authority granted and in
compliance with the provisions of the Interagency Cooperation Act, Gov.
Code Chapter 771.
2) The parties hereby certify that (1) the services specified are necessary and
essential for the activities that are properly within the statutory functions
and programs of the affected agencies of State government; (2) the
proposed arrangements serve the interest of efficient and economical
administration of the State government, and (3) the services, supplies or
materials contracted for are not required by Section 21 of Article 16 of the
General Provisions (Core Subrecipient 2008) 6/12/2007 4
Constitution of the State of Texas to be supplied under contract given to the
lowest responsible bidder.
3) DSHS certifies that it has the authority to enter into this Contract granted in
Health and Safety Code Chapter 1001, and Contractor certifies that it has
specific statutory authority to enter into and perform this Contract.
(c) The following additional provisions shall apply to interlocal contracts:
1) This Contract is entered into pursuant to the authority granted and in
compliance with the provisions of the Interlocal Cooperation Act, Gov.
Code Chapter 791.
2) Payments made by DSHS to Contractor shall be from current revenues
available to DSHS.
3) Each party represents that it has been authorized to enter into this
Contract.
(d) Contractor agrees that Contract Revision Requests, when signed by a duly
authorized representative of Contractor, shall be effective as of the effective date
specified by the Department, whether that date is prior to or after the date of any
ratification by Contractor's governing board.
ARTICLE II SERVICES
Section 2.01 Education to Persons in Residential Facilities. If applicable,
Contractor shall ensure that all persons, who are housed in Department licensed
and/or funded residential facilities and who are twenty-two (22) years of age or
younger, have access to educational services as required by TEX. EDUC. CODE §
29.012. Contractor shall notify the local education agency or local early
intervention program as prescribed by TEX.EDUC.CODE § 29.012 not later than the
third calendar day after the date a person who is twenty-two (22) years of age or
younger is placed in Contractor's residential facility.
Section 2.02 Disaster Services. In the event of a local, state, or federal
emergency, including natural, man-made, criminal, terrorist, and/or bioterrorism
events, declared as a state disaster by the Governor, or a federal disaster by the
appropriate federal official, Contractor may be called upon to assist DSHS in
providing services, as appropriate, in the following areas: community evacuation,
health and medical assistance; assessment of health and medical needs; health
surveillance; medical care personnel; health and medical equipment and supplies;
patient evacuation; in-hospital care and hospital facility status; food, drug, and
medical device safety; worker health and safety; mental health and substance abuse;
public health information; vector control and veterinary services; and victim
identification and mortuary services. Disaster services shall be carried out in the
manner most responsive to the needs of the emergency, be cost effective, and be
least intrusive on the primary services of the Contractor.
Section 2.03 Consent to Medical Care. If Contractor provides medical,dental,
psychological or surgical treatment to a minor under this Contract, either directly or
through contracts with subcontractors, the treatment of a minor shall be provided
only if consent to treatment is obtained pursuant to TEX. FAM. CODE, Chapter 32
General Provisions(Core Subrecipient 2008) 6/12/2007 5
relating to consent to treatment of a child by a non-parent or child or pursuant to
other state law. If requirements of federal law relating to consent directly conflict
with TEX.FAM.CODE,Chapter 32, federal law shall supersede state law.
Section 2.04 Teeemedicine Medical Services. Contractor shall ensure that if a
provider uses telemedicine/telepsychiatry that the services are implemented in
accordance with written procedures and using protocol approved by the
Contractor's medical director and utilizing equipment that complies with the
equipment standards as required by the Department. Procedures of telemedicine
service provision must include the following requirements:
a) clinical oversight by the Contractor's medical director or designated
physician.responsible for medical leadership;
b) contraindication considerations for telemedicine use;
c) qualified staff members to ensure the safety of the individual being served by
telemedicine at the remote site;
d) safeguards to ensure confidentiality and privacy in accordance with state and
federal laws;
e) use by credentialed licensed providers providing clinical care within the scope
of their licenses;
f) demonstrated competency in the operations of the system by all staff members
who are involved in the operation of the system and provision of the services prior
to initiating the protocol;
g) priority in scheduling the system for clinical care of individuals;
h) quality oversight and monitoring of satisfaction of the individuals served; and
i) management of information and documentation for telemedicine services that
ensures timely access to accurate information between the two sites.
Telemedicine Medical Services does not include treatment services provided by
electronic means under Rule §448.911.
Section 2.05 Fees for Personal Health Services. Contractor may develop a
system and schedule of fees for personal health services in accordance with the
provisions of Health and Safety Code §12.032, DSHS Rule §1.91 covering Fees for
Personal Health Services, and other applicable laws or grant requirements. The
amount of a fee shall not exceed the actual cost of providing the services. No
patient may be denied a service due to inability to pay.
Section 2.06 Cost Effective Purchasing of Medications. Contractor shall make
needed medications available to clients at the lowest possible prices and use the
most cost effective medications purchasing arrangement possible.
ARTICLE III FUNDING
Section 3.01 Debt to State and Corporate Status. Pursuant to TEX. Gov'T.
CODE § 403.055, the Department will not approve and the State Comptroller will
not issue payment to Contractor if Contractor is indebted to the State for any reason,
General Provisions(Core Subrecipient 2008) 6/12/2007 6
including a tax delinquency. Contractor, if a corporation, certifies by execution of
this Contract that it is current and will remain current in its payment of franchise
taxes to the State of Texas or that it is exempt from payment of franchise taxes
under Texas law (Texas Tax Code §§171.001 et seq, as amended). Contractor, if a
corporation, further certifies that it is and will remain in good standing with the
Secretary of State's office. A false statement regarding franchise tax or corporate
status is a material breach of this Contract. If franchise tax payments become
delinquent during the Contract term, all or part of the payments under this Contract
may be withheld until Contractor's delinquent franchise tax is paid in full.
Section 3.02 Application of Payment Due. Contractor agrees that any
payments due under this Contract will be applied towards any debt, including but
not limited to delinquent taxes and child support that is owed to the State of Texas.
Section 3.03 Use of Funds. Contractor agrees that it shall expend Department
funds only for the provision of approved services and for reasonable and allowable
expenses directly related to those services.
Section 3.04 Use for Match Prohibited. Contractor agrees funds provided
through this Contract shall not be used for matching purposes in securing other
funding unless directed or approved by the Department in writing.
Section 3.05 Program Income. Gross income directly generated from
Department funds through a project or activity performed under a Program
as a result of a Program Attachment during the term
Attachment and/or earned only gr B
of the Program Attachment are considered program income. Unless otherwise
required under the terms of the grant funding this Contract,the addition alternative,
as provided in UGMS §_.25(g)(2), for the use of program income shall be used by
Contractor to further the program objectives of the state or federal statute under
which the Program Attachment was made, and it shall be spent on the same
Program Attachment project in which it was generated. Contractor shall identify
and report this income in accordance with the Compliance and Reporting Article of
these General Provisions and the Special Provisions of the Program Attachment(s).
Contractor shall expend program income during the Program Attachment term and
may not carry forward to the succeeding term. Program income not expended in the
term in which it is earned shall be refunded to DSHS. DSHS may base future
funding levels, in part, upon Contractor's proficiency in identifying, billing,
collecting, and reporting program income, and in utilizing it for the purposes and
conditions set forth in this Contract.
Section 3.06 Nonsupplanting. Contractor shall not supplant(i.e.,use funds from
this Contract to replace or substitute existing funding from other sources that also
supports the activities that are the subject of this Contract) but rather shall use funds
from this Contract to supplement existing state or local funds currently available for
a particular activity. Contractor shall make a good faith effort to maintain its current
level of support. Contractor may be required to submit documentation
General Provisions (Core Subrecipient 2008) 6/12/2007 7
substantiating that a reduction in local funding, if any, resulted for reasons other
than receipt or expected receipt of funding under this Contract.
ARTICLE IV PAYMENT METHODS AND RESTRICTIONS.
Section 4.01 Payment Methods. Except as otherwise provided by the Special
Provisions of this Contract, the payment method for each program shall be one of
the following methods:
(a) cost reimbursement. This payment method is based on an approved
budget in the Program Attachment(s) and successful submission of a request for
reimbursement;
(b) unit rate. This payment method is based on the set unit rate stated in the
Program Attachment(s) and successful submission of all required forms; or
(c) fee-for-service. This payment method is based on the agreed fee stated in
the Program Attachment(s) and successful submission of all required forms.
Section 4.02 Billing Submission. Contractors shall bill the Department in
accordance with the Program Attachment(s) in the form and format prescribed by
DSHS. Unless otherwise specified in the Program Attachment(s), Contractor shall
submit requests for reimbursement or payment monthly within thirty (30) calendar
days following the end of the month covered by the bill.
Section 4.03 Final Billing Submission. Unless otherwise provided by the
Department, Contractor shall submit a reimbursement or payment request as a final
close-out bill not later than sixty(60)calendar days following the end of the term of
the Program Attachment for goods received and services rendered during the term.
If necessary to meet this deadline, Contractor may submit reimbursement or
payment requests by facsimile transmission. Reimbursement or payment requests
received in DSHS's offices more than sixty(60) calendar days following the end of
the applicable term will be denied. Consideration of requests for an exception will
be made on a case-by-case basis subject to the availability of funding.
Section 4.04 Working Capital Advance. If allowed under the Contract, a
single one-time working capital advance per term of the Program Attachment may
be granted at the Department's discretion. Contractor must submit documentation
to the Division Contract Management Unit assigned to the Program Attachment to
justify the need for a working capital advance. The working capital advance must
be liquidated as directed by the Department. The requirements for the
documentation justifying the need for an advance and the directions for liquidating
the advance are found in the Contractor's Financial Procedures Manual located at
hU://www.dshs.state.tx.us/contracts.
Section 4.05 Financial Status Reports (FSRs). Except as otherwise provided,
for contracts with categorical budgets, Contractor shall submit quarterly FSRs to
Accounts Payable by the thirtieth calendar day of the month following the end of
each quarter of the Program Attachment term for Department review and financial
assessment. The final FSR must be submitted not later than 60 days following the
General Provisions (Core Subrecipient 2008) 6/12/2007 8
end of the applicable term.
Section 4.06 Third Party Payors. A third party payor is any person or entity
who has the legal responsibility for paying for all or part of the services provided,
including commercial health or liability insurance carriers, Medicaid, or other
federal, state, local, and private funding sources. Except as provided in the
Contract, Contractor shall screen all clients and shall not bill the Department for
services eligible for reimbursement from third party payors. Contractor shall: (a)
enroll as a provider in Children's Health Insurance Plan and Medicaid if providing
approved services authorized under the Contract that may be covered by those
programs, and bill those plans for the covered services; (b) provide assistance to
individuals to enroll in such programs when the screening process indicates possible
eligibility for such programs; (c) allow clients that are otherwise eligible for
Department services,but cannot pay a deductible required by a third party payor,to
receive services up to the amount of the deductible and to bill the Department for
the deductible; (d) not bill the Department for any services eligible for third party
reimbursement until all appeals to third party payors have been exhausted; (e)
maintain appropriate documentation from the third party payor reflecting attempts
to obtain reimbursement; (f) bill all third party payors for services provided under
this Contract before submitting any request for reimbursement to Department; and
(g)provide third party billing functions at no cost to the client.
ARTICLE V TERMS AND CONDITIONS OF PAYMENT
Section 5.01 Prompt Payment. Upon receipt of a timely, undisputed invoice
pursuant to this Contract, Department will pay Contractor. Payments and
reimbursements are contingent upon a signed Contract and will not exceed the total
of authorized funds under this Contract. Contractor is entitled to payment or
reimbursement only if the service, work, and/or product has been authorized by the
Department and performed or provided pursuant to the Contract. If those
conditions are met, Department will make payment in accordance with the Texas
prompt payment law (TEx. GOV'T. CODE, Chapter 2251). Contractor must comply
with TEx. GOVT. CODE, Chapter 2251 regarding its prompt payment obligations to
subcontractors. Payment of invoices by the Department shall not constitute
acceptance or approval of Contractor's performance, and all invoices and
Contractor's performance is subject to audit or review by the Department.
Section 5.02 Withholding Payments. Department may withhold all or part of
any payments to Contractor to offset reimbursement for any ineligible expenditures
or overpayments that Contractor has not refunded to Department, or if financial
status report(s) required by the Department are not submitted by the date(s) due.
Department may take repayment from funds available under this Contract, active or
expired, in amounts necessary to fulfill Contractor's repayment obligations.
Section 5.03 Condition Precedent to Requesting Payment. Contractor shall
disburse program income, rebates, refunds, contract settlements, audit recoveries,
and interest earned on such funds before requesting cash payments including any
General Provisions (Core Subrecipient 2008) 6/12/2007 9
advance payments from Department.
Section 5.04 Acceptance as Payment in Full. Except as permitted in the Fees
for Personal Health Services section, Contractor shall accept reimbursement or
payment from DSHS as payment in full for services or goods provided to clients,
and Contractor agrees to not seek additional reimbursement or payment for services
or goods from clients.
ARTICLE VI - ALLOWABLE COSTS AND AUDIT
REQUIREMENTS
Section 6.01 Independent Audit. If Contractor within Contractor's fiscal year
expends a total amount of at least $500,000 in state funds awarded or at least
$500,000 in federal funds awarded, Contractor must have a single audit or program-
specific audit in accordance with the Office of Management and Budget (OMB)
Circ. No. A-133, the Single Audit Act of 1984, Pub. L. 98-502, 98 Stat. 2327, and
the Single Audit Act Amendments of 1996, Pub. L. 104156, 110 Stat. 1396. The
$500,000 federal threshold amount includes federal funds passed through by way of
state agency awards. The audit shall be conducted by an independent certified
public accountant and in accordance with applicable OMB Circulars, Government
Auditing Standards, and Uniform Grant Management Standards (UGMS) located
on the Internet at
httv://www.governor.state.tx.us/divisions/state rgrants/guidelines/files/UGMS062004
.doc. Contractor shall procure audit services in compliance with state procurement
procedures,as well as with the provisions of UGMS. Contractor, unless Contractor
is a local government, shall not use the same accountant or accounting firm to
conduct the independent audit for more than five consecutive years.
Section 6.02 Allowable Costs. For services.satisfactorily performed pursuant
to this Contract, DSHS will reimburse Contractor for allowable costs. Contractor
must have incurred a cost within the applicable term to be eligible for
reimbursement under this Contract and prior to claiming reimbursement. DSHS
shall determine whether costs submitted by Contractor are allowable and
reimbursable. If DSHS has paid funds to Contractor for unallowable or ineligible
costs, Contractor shall return the funds to DSHS within thirty (30) calendar days of
written notice. DSHS may withhold all or part of any payments to Contractor to
offset reimbursement for any ineligible expenditures that Contractor has not
refunded to DSHS, or if financial status report(s) required under the Financial
Status Reports Section are not submitted by the date(s) due. DSHS may take
repayment from funds available under any term of the Contract, active or expired,
in amounts necessary to fulfill Contractor's repayment obligations. Applicable cost
principles, audit requirements,and administrative requirements include:
General Provisions (Core Subrecipient 2008) 6/12/2007 10
Applicable Entity Applicable Cost Principles Audit Requirements Administrative
Requirements
State,Local and OMB Circular A-87 OMB Circular A-133 UGMS, OMB
Tribal and UGMS Circular A-102,
Governments and applicable
Federal awarding
agency common
rule
Educational OMB Circular A-21 OMB Circular A-133 OMB Circular
Institutions and UGMS A-110 and
applicable
Federal awarding
agency common
rule
Non-Profit OMB Circular A-122 OMB Circular A-133 UGMS; OMB
Organizations and UGMS Circular A-110
and applicable
Federal awarding
agency common
rule
For-profit 48 C.F.R. Part 31, Program audit UGMS and
Organization other Contract Cost Principles conducted by an applicable
than a hospital and Procedures,or uniform independent certified Federal awarding
an organization cost accounting standards public accountant in agency common
named in OMB that comply with cost accordance with rule
Circular A-122 as principles acceptable to the Governmental
not subject to that federal or state awarding Auditing Standards.
circular. I agency
OMB Circulars will be applied with the modifications prescribed by UGMS with
effect given to whichever provision imposes the more stringent requirement in the
event of a conflict.
Section 6.03 Submission of Audit. Within thirty (30) calendar days of receipt
of the audit reports required by this section, Contractor shall submit one copy to the
Department's Contract Oversight and Support Section, and one copy to the Texas
Health and Human Services Commission (HHSC), Office of Inspector General
(OIG),at the following addresses:
Department of State Health Services
Contract Oversight and Support, Mail Code 1326
1100 West 49`x' St.
Austin Texas 78756-3199
Texas Health and Human Services Commission
Office of Inspector General
Compliance/Audit Mail Code 1326
General Provisions (Core Subrecipient 2008) 6/12/2007 11
P.O. Box 85200
Austin,Texas 78708-5200
ARTICLE VII CONFIDENTIALITY.
Section 7.01 Maintenance of Confidentiality. Contractor must maintain the
privacy and confidentiality of information and records received during or related to
the performance of this Contract, including patient and client records that contain
protected health information (PHI), and any other information that discloses
confidential personal information or identifies any client served by DSHS, in
accordance with applicable federal and state law and Rules, including but not
limited to 7 CFR Part 246; 42 CFR Part 2, 45 CFR Parts 160 and 164; Health and
Safety Code Chapters 12, 47, 81, 82, 85, 88, 92, 161, 181, 241, 245, 251, 534, 576,
577, 596, 611, and 773; and Occupations Code, Chapters 56 and 159 and all
applicable Rules.
Section 7.02 Use of PHI. If Contractor is subject to HIPAA privacy regulations
at 45 CFR Parts 160 and 164, Contractor may receive, use and disclose PHI, as
defined in 45 CFR §164.501, only to carry out Contractor's duties under this
Contract in accordance with the regulations. When using or disclosing PHI or when
requesting PHI from another entity, Contractor must make reasonable efforts to
limit the PHI to the minimum necessary to accomplish the intended purpose of the
use, disclosure or request.
Section 7.03 Disclosure to Department. Contractor is required to disclose PHI
of patients or clients provided services funded through this Contract and other
confidential information to Department upon request, or as otherwise required in
other contract provisions or laws governing the release of client records or other
confidential information.
Section 7.04 Department Access to PHI. Contractor shall cooperate with
Department to allow Department to request, collect and receive PHI under this
Contract, without the consent of the individual to whom the PHI relates, for
funding, payment and administration of the grant program, and for purposes
permitted under applicable state and federal confidentiality and privacy laws,
including the Health Insurance Portability and Accountability Act (HIPAA) and the
Privacy Standards adopted to implement HIPAA at 45 C.F.R. pts. 160 and 164, at §
164.512,and TEx.Occ.CODE ch. 159, at§§ 159.003 and 159.004.
Section 7.05 Exchange of Client-Identifying Information. Except as
prohibited by other law, Contractor and DSHS shall exchange PHI without the
consent of clients in accordance with 45 CFR § 164.504(e)(3)(i)(B), Health and
Safety Code § 533.009 and Rule Chapter 414, Subchapter A or other applicable law
or rules. Contractor shall disclose information described in Health and Safety Code
§ 614.017(a)(2) relating to special needs offenders, to an agency described in
Health and Safety Code §614.017(c) upon request of that agency, unless Contractor
documents that the information is not allowed to be disclosed under 45 CFR Part
General Provisions (Core Subrecipient 2008) 6/12/2007 12
164 or other applicable law.
Section 7.06 Security of Patient or Client Records. Contractor must maintain
patient and client records in compliance with state and federal law relating to
security and retention of medical or mental health and substance abuse patient
records. Department may require Contractor to transfer original or copies of patient
and client records to Department, without the consent or authorization of the patient
or client, upon termination of this Contract or a Program Attachment to this
Contract, as applicable, or if the care and treatment of the individual patient or
client is transferred to another entity. Prior to providing services funded under this
Contract to a patient or client, Contractor shall attempt to obtain consent from the
patient or client to transfer copies of patient or client records to another entity
funded by DSHS upon termination of this Contract or a Program Attachment to this
Contract, as applicable, or if care or treatment is transferred to another DSHS-
funded contractor.
Section 7.07 HIV/AIDS Model Workplace Guidelines. If providing direct
client care, services, or programs,Contractor shall implement Department's policies
based on the HIV/AIDS (human immunodeficiency virus/acquired
immunodeficiency syndrome) Model Workplace Guidelines for Businesses, State
Agencies, and State Contractors, policy No. 090.021, and Contractor shall educate
employees and clients concerning HIV and its related conditions, including AIDS,
in accordance with the TEX. HEALTH & SAFETY CODE § 85.112-114. A link to the
Model Workplace Guidelines can be found at
hLtR://www.dshs.state.tx.us/hiv std/policy/ndf/090021.ydf.
ARTICLE VIII RECORDS RETENTION.
Section 8.01 Retention. Contractor shall retain records in accordance with the
Department's State of Texas Records Retention Schedule, located at
=://www.dshs.state.tx.us/records/schedules. Department Rules and other
applicable state and federal statutes and regulations governing medical, mental
health, and substance abuse information. At a minimum Contractor shall retain and
preserve all other records, including financial records that are generated or collected
by Contractor under the provisions of this Contract, for a period of four (4) years
after the termination of the Contract. If services are funded through Medicaid, the
federal retention period, if more than four (4) years, shall apply. Contractor shall
retain all records pertaining to this Contract that are the subject of litigation or an
audit until the litigation has ended or all questions pertaining to the audit are
resolved. Legal requirements for Contractor may extend beyond the retention
schedules established in this section. Contractor shall retain medical records in
accordance with Tex Admin Code Title 22, Part 9, §165.1(b) and (c) or other
applicable statutes and regulations governing medical information. Contractor shall
ensure that this provision concerning records retention is included in any
subcontract it awards. If Contractor ceases business operations, it shall ensure that
records relating to the Contract are securely stored and are accessible by the
Department upon Department's request for at least four years from the date
General Provisions (Core Subrecipient 2008) 6/12/2007 13
Contractor ceases business or from the termination date of the Contract, whichever
is sooner. Contractor shall provide the name and address of the party responsible for
storage of records to the Division Contract Management Unit assigned to the
Program Attachment.
ARTICLE IX ACCESS AND INSPECTION.
Section 9.01 Access. In addition to any right of access arising by operation of
law, Contractor, and any of Contractor's affiliate or subsidiary organizations or
subcontractors shall permit the Department or any of its duly authorized
representatives, as well as duly authorized federal, state or local authorities,
including the Comptroller General of the United States, Office of the Inspector
General at HHSC (OIG), and the State Auditor's Office (SAO),unrestricted access
to and the right to examine any site where business is conducted and all records
(including client and patient records, if any), books, papers or documents related to
the Contract. If deemed necessary by the Department or the OIG, for the purpose of
investigation or hearing, Contractor shall produce original documents related to the
Contract. Further, Contractor will ensure that information collected, assembled or
maintained by the Contractor relative to this Contract is available to the Department
for the Department to respond to requests that it receives under the Public
Information Act. The Department and HHSC will have the right to audit billings
both before and after payment. Payments will not foreclose the right of Department
and HHSC to recover excessive or illegal payments. Contractor will ensure that this
provision concerning the right of access to, and examination of, information related
to the Contract is included in any subcontract it awards.
Section 9.02 State Auditor's Office. Contractor shall, upon request, make all
records, books, papers, documents, or recordings related to this Contract available
for inspection, audit, or reproduction during normal business hours to any
authorized representative of the SAO. The Contractor understands that the
acceptance of funds under this Contract acts as acceptance of the authority of the
SAO, or any successor agency, to conduct an audit or investigation in connection
with those funds. The 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, and providing access to any information the SAO considers
relevant to the investigation or audit. Contractor will ensure that this provision
concerning the authority to audit funds will apply to funds received indirectly by
subcontractors through the Contractor, and the requirement to cooperate, is included
in any subcontract it awards.
Section 9.03 Responding to Deficiencies. Any deficiencies identified by DSHS
or HHSC upon examination of Contractor's records will be conveyed in writing to
Contractor. Contractor will submit, by the date prescribed by DSHS, a resolution to
the deficiency in a program review or management or financial audit to the
satisfaction of DSHS. A DSHS or HHSC determination of either an inadequate or
inappropriate resolution of the findings may result in contract remedies or sanctions
under the Breach of Contract and Remedies for Non-Compliance Article of these
General Provisions(Core Subrecipient 2008) 6/12/2007 14
General Provisions.
ARTICLE X NOTICE REQUIREMENTS.
Section 10.01 Child Abuse Reporting Requirement. This section applies to
mental health and substance abuse contractors and contractors for the following
public health programs: HIV/STD; Family Planning(Titles V,X and XX); Primary
Health Care; Maternal and Child Health; and WIC Nutrition Services. Contractor
shall make a good faith effort to comply with child abuse reporting guidelines and
requirements in TEX. FAM. CODE ch. 261 relating to investigations of reports of
child abuse and neglect. Contractor shall develop, implement and enforce a written
policy that includes at a minimum the Department's Child Abuse Screening,
Documenting, and Reporting Policy for Contractors/Providers and train all staff on
reporting requirements. Contractor shall use the Checklist for Monitoring as
required by the Department located at www.dshs.state.tK.us/chil&busere 2g rtins.
Contractor shall retain reporting documentation on site and make it available for
inspection by DSHS.
Section 10.02 Significant Incidents. In addition to notifying the appropriate
authorities, Contractor shall report to the Division Contract Management Unit
assigned to the Program Attachment significant incidents involving substantial
disruption of program operation or potentially affecting Department funded clients
or participants within seventy-two (72)hours of discovery.
Section 10.03 Litigation. Contractor shall notify the Division Contract
Management Unit assigned to the Program Attachment of litigation related to or
affecting this Contract and to which Contractor is a party within seven (7) calendar
days of becoming aware of such a proceeding. This includes, but is not limited to
an action, suit or proceeding before any court or governmental body, including
environmental and civil rights matters, professional liability, and employee
litigation. Notification shall include the names of the parties, nature of the litigation
and remedy sought,including amount of damages, if any.
Section 10.04 Action Against the Contractor. Contractor shall notify the
Division Contract Management Unit assigned to the Program Attachment if
Contractor has had a contract suspended or terminated for cause by any local, state
or federal department or agency or nonprofit entity. Such notification shall include
the reason for such action that includes the name and contact information of the
local, state or federal department or agency or entity, the date of the contract, and
the contract or case reference number. If the Contractor, as an organization, has
surrendered its license or has had its license suspended or revoked by any local,
state or federal department or agency or non-profit entity, it shall disclose this
information to the Department by submitting a one page description of the reason(s)
for such action that includes the name and contact information of the local, state or
federal department or agency, or entity, the date of the license action, and a license
or case reference number.
General Provisions(Core Subrecipient 2008) 6/12/2007 15
Section 10.05 Insolvency. Contractor shall notify in writing the Division Contract
Management Unit assigned to the Program Attachment of Contractor's insolvency,
incapacity, or outstanding unpaid obligations to the Internal Revenue Service (IRS)
or Texas Workforce Commission (TWC) within three (3) working days of the date
of determination that Contractor is insolvent, incapacitated, or the date Contractor
discovered an unpaid obligation to the IRS or TWC. Contractor shall notify in
writing the Division Contract Management Unit assigned to the Program
Attachment of its plan to seek bankruptcy protection within three (3) working days
of such action by the Contractor's board of directors.
Section 10.06 Misuse of Funds. Contractor shall report to the Division Contract
Management Unit assigned to the Program Attachment and to the State Auditor's
Office (SAO), any knowledge of debarment, suspected fraud, program abuse,
possible illegal expenditures, unlawful activity, or violation of financial laws, rules,
policies and procedures related to performance under this Contract. Contractor
shall make such report no later than three (3) working days from the date that the
Contractor has knowledge or reason to believe. such activity has taken place.
Contractor shall make the report to the SAO at (800) TX-AUDIT, or by Internet at
b=://www.sao.state.tx.us.
Section 10.07 Criminal Activity and Disciplinary Action. Contractor shall notify
in writing the Division Contract Management Unit assigned to the Program
Attachment if it has reason to believe Contractor, or a person with ownership or
controlling interest in the organization or who is an agent or managing employee of
the organization, an employee or volunteer of Contractor, or a subcontractor has
engaged in any activity that would constitute a criminal offense equal to or greater
than a Class A misdemeanor or if such activity would reasonably constitute grounds
for disciplinary action by a state or Tederal regulatory authority, or has been placed
on community supervision, received deferred adjudication, or been convicted of a
criminal offense relating to involvement in any financial matter, federal or state
program or felony sex crime. Contractor shall make the reports required by this
section no later than three (3) working days from the date that the Contractor has
knowledge or reason to believe such activity has taken place.
Section 10.08 Retaliation Prohibited. Contractor shall not retaliate against any
person who reports a violation of, or cooperates with an investigation regarding,
any applicable law, rule, or standard to the SAO, the Department, another state
agency, or any federal, state or local law enforcement official.
Section 10.09 Documentation. Contractor shall maintain appropriate
documentation of all notices.
ARTICLE XI ASSURANCES AND CERTIFICATIONS.
Section 11.01 Certification. Contractor certifies by execution of this Contract to
the following:
General Provisions(Core Subrecipient 2008) 6/12/2007 16
a) it is not ineligible for participation in federal or state assistance
programs;
b) neither it, nor its principals, are presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by any federal or state department
or agency;
c) it has not knowingly failed to pay a single substantial debt or a
number of outstanding debts to a federal or state agency;
d) it is not subject to an outstanding judgment in a suit against
Contractor for collection of the balance of a debt;
e) it is in good standing with all state and/or federal agencies that have
a contracting or regulatory relationship with Contractor;and
f) that no person who has an ownership or controlling interest in
Contractor or who is an agent or managing employee of Contractor has
been convicted of a criminal offense related to involvement in any
program established under Medicare,Medicaid, or a federal block grant.
Where Contractor is unable to certify to any of the statements in this Article,
Contractor shall submit an explanation to the Division Contract Management Unit
assigned to the Program Attachment. If Contractor's status with respect to the items
certified above changes during the Contract,Contractor shall immediately notify the
Division Contract Management Unit assigned to the Program Attachment.
Section 11.02 Child Support Delinquencies. As required by TEX.FAM.CODE §
231.006, a child support obligor who is more than thirty (30) calendar days
delinquent in paying child support and a business entity in which the obligor is a
sole proprietor, partner, shareholder, or owner with an ownership interest of at least
twenty-five percent (25%) is not eligible to receive payments from state funds
under a contract to provide property, materials, or services or receive a state-funded
grant or loan. If applicable, Contractor agrees to maintain its eligibility to receive
payments under this Contract, certifies that it is not ineligible to receive the
payments specified in this Contract, and acknowledges that this Contract may be
terminated and payment may be withheld if this certification is inaccurate.
Section 11.03 Authorization. Contractor certifies that it possesses legal authority
to contract for the services set forth in this Contract and that a resolution, motion or
similar action has been duly adopted or passed as an official act of the Contractor's
governing body, authorizing the binding of the organization under this Contract
including all understandings and assurances contained in this Contract, and
directing and authorizing the person identified as the authorized representative of
the Contractor to act in connection with the Contract and to provide such additional
information as may be required.
Section 11.04 Gifts and Benefits Prohibited. Contractor certifies that it has not
given, offered to give, nor intends to give at any time hereafter, any economic
opportunity, present or future employment, gift, loan, gratuity, special discount,
General Provisions(Core Subrecipient 2008) 6/12/2007 17
trip, favor, service or anything of monetary value to a DSHS or HHSC official or
employee in connection with this Contract.
Section 11.05 Ineligibility to Receive the Contract. Pursuant to TEx. Gov'T.
CODE Section § 2155.004 and federal law, Contractor is ineligible to receive this
Contract if the Contract includes financial participation by a person who received
compensation from DSHS to participate in developing, drafting or preparing the
specifications, requirements, statement(s) of work or Solicitation Document on
which this Contract is based. Contractor certifies that neither Contractor, nor its
employees, nor anyone acting for the Contractor has received compensation from
DSHS for participation in the development, drafting or preparation of
specifications, requirements or statement(s) of work for this Contract or in the
Solicitation Document on which this Contract is based. Contractor further certifies
that the individual or business entity named in this Contract is not ineligible to
receive the specified Contract. Contractor acknowledges that this Contract may be
terminated and payment withheld if these certifications are inaccurate.
Section 11.06 Antitrust. Pursuant to 15 U.S.C.A. Sec. 1, et seq. and TEx. Bus. &
Comm. CoDE Section § 15.01, et seq. Contractor certifies that neither Contractor,
nor anyone acting for the Contractor has violated the antitrust laws of this state or
federal antitrust laws, nor communicated directly or indirectly regarding the bid
with any competitor or any other person engaged in such line of business for the
purpose of substantially lessening competition in such line of business.
Section 11.07 Initiation and Completion of Work. Contractor certifies that it
shall initiate and complete the work under the Contract within the applicable time
frame prescribed in the Contract.
ARTICLE XH GENERAL BUSINESS OPERATIONS OF
CONTRACTOR
Section 12.01 Board Training. If they have not already done so within the
preceding two (2) years, a majority of the board of directors of Contractor shall
review the Department's board training in the format provided by the Department
and shall verify in writing to the DSHS Contract Oversight and Support Section that
the review took place. Written verification shall be submitted no later than the end
of the first'quarter of the Contract and shall be in the form required by the
Department. This review shall be completed at least every two (2) years of
consecutive funding from the Department, except that each member of the
governing board of a Contractor that provides mental health services shall complete
the board training review initially and then annually. The training may be viewed
through the Contractor Board Training link on the DSHS website at
http://www.dshs.state.tx.us/contractor.shtm.
Section 12.02 Duty of Compliance. Contractor and its governing board, shall bear
full responsibility for the integrity of the fiscal and programmatic management of
the organization. This provision applies to all organizations, including Section
General Provisions(Core Subrecipient 2008) 6/12/2007 18
501(c)(3) organizations as defined in the Internal Revenue Service Code as not-for-
profit organizations. The responsibility of Contractor's governing board shall
include: accountability for all funds and materials received from Department;
compliance with Department Rules,policies, procedures, and applicable federal and
state laws and regulations; and correction of fiscal and program deficiencies
identified through self-evaluation and Department's monitoring processes. Further,
Contractor's governing board shall ensure separation of powers, duties, and
functions of board members and staff. Staff members, including the executive
director, shall not serve as voting members of the Contractor's governing board.
Ignorance of any Contract provisions or other requirements contained or referenced
in this Contract shall not constitute a defense or basis for waiving or appealing such
provisions or requirements.
Section 12.03 Management and Control Systems. Contractor shall maintain an
appropriate contract administration system to insure that all terms, conditions, and
specifications are met. Contractor shall develop, implement, and maintain financial
management and control systems that meet or exceed the requirements of UGMS
and adhere to procedures detailed in Department's Contractor's Financial
Procedures Manual available at the Department's web site:
hqp•//www dshs.state.tK.us/contracts. Those requirements shall include at a
minimum:
a) financial planning, including the development of budgets that
adequately reflect all functions and resources necessary to carry out
authorized activities and the adequate determination of costs;
b) financial management systems including accurate, correct, and
complete accounting records that identify the source and application of
funds provided under each Program Attachment of this Contract, and
that support the information contained in required financial reports; and
cost source documentation;and
c) effective internal and budgetary controls; determination of
reasonableness, allowableness, and allocability of costs; timely and
appropriate audits and resolution of any findings; billing and collection
policies; and a mechanism capable of billing and making reasonable
efforts to collect from clients and third parties.
Section 12.04 Insurance and Bonding. Contractor shall maintain insurance or
other means of replacing assets purchased with Department funds.
Section 12.05 Fidelity Bond. Contractor is required to carry a fidelity bond or
insurance coverage equal to the amount of funding provided under this Contract up
to $100,000 that covers each employee of Contractor handling funds under this
Contract, including person(s) authorizing payment of such funds. The fidelity bond
or insurance shall provide for indemnification of losses occasioned by: (1) any
fraudulent or dishonest act or acts committed by any of Contractor's employees,
either individually or in concert with others, and/or (2) failure of Contractor or any
of its employees to perform faithfully his/her duties or to account properly for all
General Provisions (Core Subrecipient 2008) 6/12/2007 19
monies and property received by virtue of his/her position or employment.
Section 12.06 Liability Coverage. Contractor shall also maintain liability
insurance coverage, referred to in TEX. GOV'T. CODE § 2261.102, as "director and
officer liability coverage,"where Contractor is a legal entity that is required to have
directors and/or officers. This provision applies to entities that are organized as
non-profit corporations under the Texas Non-Profit Corporation Act; for-profit
corporations organized under the Texas Business Corporations Act; and any other
legal entity that is required under Texas law to have directors and/or officers.
Contractor shall maintain liability insurance coverage in an amount not less than the
total value of this Contract and that is sufficient to protect the interests of
Department in the event an actionable act or omission by a director or officer of
Contractor damages Department's interests.
Section 12.07 Overtime Compensation. Except as provided in this section,
Contractor shall not use any of the funds provided by this Contract to pay the
premium portion of overtime. Contractor shall be responsible for any obligations of
premium overtime pay due employees. Premium overtime pay is defined as any
compensation paid to an individual in addition to the employee's normal rate of pay
for hours worked in excess of normal working hours. Funds provided under this
Contract may be used to pay the premium portion of overtime only under the
following conditions: 1) with the prior approval of DSHS; 2) temporarily, in the
case of an emergency or an occasional operational bottleneck; 3) when employees
are performing indirect functions, such as administration, maintenance, or
accounting; 4) in performance of tests, laboratory procedures, or similar operations
that are continuous in nature and cannot reasonably be interrupted or otherwise
completed; or 5)when lower overall cost to DSHS will result.
Section 12.08 Program Site. All Contractors shall ensure that the location where
services are provided is in compliance with all applicable local, state and federal
zoning,building,health,fire,and safety standards.
Section 12.09 Cost Allocation Plan. Contractor shall submit a Cost Allocation
Plan in the format provided in the Department's Contractor's Financial Procedures
Manual to the Department's Contract Oversight and Support Section at Mail Code
1326, 1100 W. 49 . St. Austin, Texas 78756, except under the circumstance where
a Contractor has a current Cost Allocation Plan on file with the Department.
Contractor shall implement and follow the applicable Cost Allocation Plan. If
Contractor's plan is the same as in the previous year, by signing this Contract,
Contractor certifies that its current Cost Allocation Plan for the current year is the
same as that submitted to DSHS for the previous year. In the event that the Cost
Allocation Plan changes during the Contract term, Contractor must submit a new
Cost Allocation Plan to the Contract Oversight and Support Section within 30
calendar days after the effective date of the change. Cost Allocation Plan must
comply with the guidelines provided in the Department's Contractor's Financial
Procedures Manual located at http://www.dshs.state.tx.us/contracts.
General Provisions (Core Subrecipient 2008) 6/12/2007 20
Section 12.10 Reporting for Unit Rate and Fee For Service Contracts.
Contractor shall submit reports concerning unit rate and fee-for-service contracts to
the Department in accordance with the requirements stated in the Department's
Contractor's Financial Procedures Manual located at
h!W://www.dshs.state.tK.US/Contracts.
Section 12.11 Historically Underutilized Businesses (HUBs). If Contractor was
not required to submit a HUB subcontracting plan and if subcontracting is permitted
under this Program Attachment, Contractor is encouraged to make a good faith
effort to consider subcontracting with HUBS as set forth in TEX. Gov'T CODE ch.
2161 and 1 TEX ADM. CODE § 111.12. Contractors may obtain a list of HUBS at
bq://www.tbN.state.tx.us. If Contractor has filed a HUB subcontracting plan, the
plan is incorporated by reference in this Contract. If Contractor desires to make a
change in the plan, Contractor must obtain prior approval from the Department's
HUB Coordinator of the revised plan before proposed changes will be effective
under the Contract. Contractor agrees to make a good faith effort to subcontract
with HUBs during the performance of this Contract and will report HUB
subcontract activity to the Department's HUB Coordinator by the 15`h day of each
month for the prior month's activity, if there was any such activity, in accordance
with 1 TEX. ADM CODE §111.16(c).
Section 12.12 Buy Texas. Contractor shall purchase products and materials
produced in Texas when the products and materials are available at a price and time
comparable to products and materials produced outside of Texas as required by
TEX.Gov'T CODE § 2155.4441.
Section 12.13 Contracts with Subrecipient Subcontractors. Contractor may
enter into contracts with subrecipient subcontractors unless restricted or otherwise
prohibited in a specific Program Attachment(s). Prior to entering into an agreement
equaling $25,000 or twenty-five percent (25%) of a Program Attachment amount,
whichever is greater, Contractor shall obtain written approval from DSHS.
Contracts with subcontractors shall be in writing and include the following:
a) Name and address of all parties;
b) A detailed description of the services to be provided;
c) Measurable method and rate of payment and total amount of contract;
d) Clearly defined and executable termination clause;
e) Beginning and ending dates that coincide with the dates of the applicable
Program Attachment(s) or cover a term within the beginning and ending dates
of the applicable Program Attachment(s);
f) Access to inspect the work and the premises on which any work is performed,
in accordance with the Access and Inspection Article in these General
Provisions; and
General Provisions(Core Subrecipient 2008) 6/12/2007 21
g) A copy of these General Provisions and a copy of the Statement of Work and
any Special Provisions in the Program Attachment(s) applicable to the
subcontract.
Contractor is responsible to DSHS for the performance of any subcontractor.
Contractor shall monitor both financial and programmatic performance and
maintain pertinent records that shall be available for inspection by DSHS.
Contractor shall ensure that subcontractors are fully aware of the requirements
placed upon them by state/federal statutes and regulations and under this Contract.
Contractor shall not contract with a subcontractor, at any tier, that is debarred or
suspended or excluded from or ineligible for participation in federal assistance
programs.
Section 12.14 Status of Subcontractors. Contractor shall require that all
subcontractors certify that they are in good standing with all state and federal
funding and regulatory agencies; are not currently debarred, suspended, or
otherwise excluded from participation in federal grant programs; are not delinquent
on any repayment agreements; have not had a required license or certification
revoked; and have not had a contract terminated by the Department. Contractors
shall further require that subcontractors certify that they have not voluntarily
surrendered within the past three(3)years any license issued by the Department.
Section 12.15 Incorporation of Terms. Contractor shall ensure that all written
agreements with subrecipient subcontractors incorporate the terms of this Contract,
and provide that the subcontractor is subject to audit by DSHS, HHSC and the
SAO.
Section 12.16 Independent Contractor. Contractor is an independent contractor.
Contractor shall direct and be responsible for the performance of its employees,
subcontractors, joint venture participants or agents. Contractor is not an agent or
employee of the Department or the State of Texas for any purpose whatsoever. For
purposes of this Contract, Contractor acknowledges that its employees,
subcontractors, joint venture participants or agents will not be eligible for
unemployment compensation from the Department or the State of Texas.
Section 12.17 Authority to Bind. The person or persons signing and executing
this Contract on behalf of Contractor, or representing themselves as signing and
executing this Contract on behalf of Contractor, warrant and guarantee that they
have been duly authorized by Contractor to execute this Contract for Contractor and
to validly and legally bind Contractor to all of its terms.
Section 12.18 Tax Liability. Contractor shall comply with all state and federal tax
laws and is solely responsible for filing all required state and federal tax forms and
making all tax' payments. In the event that the Department discovers that
Contractor has failed to remain current on a delinquent liability to the IRS, the
Contract will be subject to remedies and sanctions under this Contract, including
immediate termination at the Department's discretion. In the event of Contract
General Provisions (Core Subrecipient 2008) 6/12/2007 22
termination under this section, the Department will not enter into a Contract with
Contractor for three (3)years from the date of termination.
Section 12.19 Notice of Organizational Change. Contractor shall submit
written notice to the Division Contract Management Unit assigned to the Program
Attachment within ten business days of any change to the following: Contractor's
name; contact information; key personnel, officer, director or partner;
organizational structure; legal standing; or authority to do business in Texas. A
change in Contractor's name requires an amendment to the Contract in accordance
with the Amendments section of these General Provisions.
Section 12.20 Quality Management. Contractor shall comply with quality
management requirements as directed by the Department.
Section 12.21 Equipment and Controlled Assets Purchases. Equipment means
an article of nonexpendable, tangible personal property having a useful lifetime of
more than one year and an acquisition cost of $5,000 or more. Contractor must
inventory equipment, and controlled assets,which include firearms regardless of the
acquisition cost, and the following assets with an acquisition cost of$500 or more:
desktop and laptop
computers, non-portable printers and copiers, emergency
.
management equipment, communication devices and systems, medical and
laboratory equipment, and media equipment. Contractors on a cost reimbursement
payment method shall comply with the requirements of the provisions in this
Article concerning equipment. If purchase of equipment is approved in writing by
the Department, Contractor is required to initiate the purchase of that equipment in
the first quarter of the Contract or Program Attachment term; as applicable. Failure
to initiate the purchase of equipment may result in loss of availability of funds for
the purchase of equipment. Requests to purchase previously approved equipment
after the first quarter of the Program Attachment must be submitted to the Division
Contract Management Unit assigned to the Program Attachment.
Section 12.22 Supplies. Supplies are defined as consumable items necessary to
carry out the services under this Contract including medical supplies, drugs,
janitorial supplies, office supplies, patient educational supplies, software, and any
items of tangible personal property other than those defined as equipment above.
Section 12.23 Changes to Equipment List. All items of equipment purchased
with funds under this Contract shall be itemized in Contractor's equipment list as
finally approved by the Department in the executed Contract. Any changes to the
approved equipment list in the executed Contract shall be approved in writing by
Department prior to purchase of equipment. Contractor shall submit to the Division
Contract Management Unit assigned to the Program Attachment, a written
description including complete product specifications and need justification prior to
purchasing any item of unapproved equipment. If approved, Department will
acknowledge its approval by means of a written amendment or by written
acceptance of Contractor's Contract Revision Request, as appropriate.
General Provisions (Core Subrecipient 2008) 6/12/2007 23
Section 12.24 Property Inventory and Protection of Assets. Contractor shall
maintain a nonexpendable personal property (equipment and controlled assets)
inventory and submit an annual cumulative report to the De9artment's Contract
Oversight and Support Section, Mail Code 1326, 1100 W. 49 St., Austin, Texas
78756, no later than October 15s' of each year. The form for this report (Form GC-
11) is located on the DSHS website at
hM://www.dshs.state.tx.us/contracts/forms.shtin, Contractor shall administer a
program of maintenance, repair, and protection of assets under this Contract so as to
assure their full availability and usefulness. In the event Contractor is indemnified,
reimbursed, or otherwise compensated for any loss of, destruction of, or damage to
the assets provided under this Contract, it shall use the proceeds to repair or replace
said assets.
Section 12.25 Bankruptcy. In the event of bankruptcy, Contractor shall sever
Department property, equipment, and supplies in possession of Contractor from the
bankruptcy,and title shall revert to Department.
Section 12.26 Title to Property. At the conclusion of the contractual relationship
between the Department and the Contractor, for any reason, title to any remaining
equipment and supplies purchased from funds under this Contract reverts to
Department. Title may be transferred to any other party designated by Department.
The Department may, at its option and to the extent allowed by law, transfer the
reversionary interest to such property to Contractor.
Section 12.27 Property Acquisitions. Department funds may not be used to
purchase buildings or real property. Any costs related to the initial acquisition of
the buildings or real property is not allowable.
Section 12.28 Disposition of Property. Contractor shall follow the procedures in
the American Hospital Association's (AHA's) "Estimated Useful Lives of
Depreciable Hospital Assets" in disposing, at any time during or after the Contract
term, of equipment or controlled assets purchased with the Department funds,
except when federal or state statutory requirements supersedes, or when the
equipment requires licensure or registration by the state, or when the acquisition
price of the equipment or controlled asset is equal to or greater than $10,000. All
other equipment and controlled assets not listed in the AHA reference (other than
equipment that requires licensure or registration or that has an acquisition cost equal
to or greater than $10,000) shall be controlled by the requirements of UGM. If,
prior to the end of the useful life, any item of equipment is no longer needed to
perform services under this Contract, or becomes inoperable, or if the equipment
requires licensure or registration or had an acquisition price equal to or greater than
$10,000, Contractor shall request disposition approval and instructions in writing
from the Dexartment's Contract Oversight and Support Section, Mail Code 1326,
1100 W. 49 St., Austin, Texas 78756. After an item reaches the end of its useful
life, Contractor must ensure that disposition of any equipment is in accordance with
Generally Accepted Accounting Principles, and any applicable federal guidance.
General Provisions (Core Subrecipient 2008) 6/12/2007 24
Section 12.29 Closeout of Equipment. At the end of the term of a Program
Attachment that has no additional renewals or that will not be renewed (Closeout),
Contractor shall submit to the Divisions Contract Management Unit assigned to the
Program Attachment, an inventory of property purchased with Department funds
and request disposition instructions for such property. All property purchased with
Department funds shall be secured by the Contractor at the time of Closeout and
shall be returned to the Department as required by the Department's disposition
instructions or at the request of the Department at the Contractor's expense.
Section 12.30 Assets as Collateral Prohibited. Contractors on a cost
reimbursement payment method shall not encumber property purchased with
Department funds without prior written approval from the Department.
ARTICLE XIII GENERAL TERMS.
Section 13.01 Assignment. Contractor will not transfer, assign, or sell its interest,
in whole or in part, in this Contract, or in any equipment purchased with funds from
this Contract,without the prior written consent of the Department.
Section 13.02 Lobbying. 'Contractor shall comply with GOV. CODE §556.0055,
which prohibits contractors who receive state funds from using those funds to pay
lobbying expenses. Further, Contractor shall not use funds paid under this Contract
to pay any person for influencing or attempting to influence an officer or employee
of any agency, federal or state, a member of Congress, an officer or employee of
Congress, or an employee of a member of Congress in connection with the
or the
extension, continuation, renewal, amendment, or
contract �
awarding of an co
aw g y
modification of any contract (31 U.S.C.A. § 1352, as amended, and UGMS). If at
any time this Contract exceeds $100,000 of federal funds, Contractor shall file with
the Division Contract Management Unit assigned to the Program Attachment a
declaration containing the name of any registrant under the Lobbying Disclosure
Act of 1995 who has made lobbying contacts on behalf of Contractor in connection
with the Contract, a certification that none of the funds provided by Department
have been or will be used for payment to lobbyists, and disclosure of the names of
any and all registered lobbyists with whom Contractor has an agreement.
Contractor shall file the declaration, certification, and disclosure at the time of
application for the Contract; upon execution of the Contract unless Contractor
previously filed a declaration, certification, or disclosure form in connection with
the award; and at the end of each calendar quarter in which there occurs any event
that materially affects the accuracy of the information contained in any declaration,
certification, or disclosure previously filed. Contractor shall require any person who
requests or receives a subcontract to file the same declaration, certification, and
disclosure with the Division Contract Management Unit assigned to the Program
Attachment. Contractor shall also comply, as applicable, with the lobbying
restrictions and requirements in OMB Circulars A-122 Attachment B paragraph 25;
A-87 Attachment B section 27; A-110 section .27 and A-21 paragraphs 17 and 24.
Contractor shall include this provision in any subcontracts.
General Provisions (Core Subrecipient 2008) 6/12/2007 25
Section 13.03 Conflict of Interest. Contractor represents to the Department that it
does not have nor shall it knowingly acquire any financial or other interest that
would conflict in any manner with the performance of its obligations under this
Contract. Potential conflicts of interest include,but are not limited to,an existing or
potential business or personal relationship between Contractor, its principal (or a
member of the principal's immediate family), or any affiliate or subcontractor and
Department or HHSC, their commissioners, officers or employees, or any other
entity or person involved in any way in any project that is the subject of this
Contract. Contractor shall'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.
Section 13.04 Transactions Between Related Parties. Contractor shall identify
and report to DSHS any transactions between Contractor and a related party that is
part of the work that the Department is purchasing under this Contract before
entering into the transaction or immediately upon discovery. Contractor shall
submit to the Division Contract Management Unit assigned to the Program
Attachment the name, address and telephone number of the related party, how the
party is related to the Contractor and the work the related party will perform under
the Contract. A related party is a person or entity related to the Contractor by blood
or marriage, common ownership or any association that permits either to
significantly influence or direct the actions or policies of the other. The Contractor,
for purposes of reporting transactions between related parties, includes the entity
contracting with the Department under this Contract as well as the chief executive
officer, chief financial officer and program director of the Contractor. Contractor
shall comply with TEX.GOVT CODE ch. 573. Contractor shall maintain records and
supply any additional information requested by the Department, regarding a
transaction between related parties, needed to enable the Department to determine
the appropriateness of the transaction pursuant to applicable state or federal law,
regulations or circulars, which may include 45 C.F.R. part 74, OMB Circ. No. A-
110 (Rev. 11/19/93, as further amended 09/30/99), 2 CFR§215.42, and UGMS.
Section 13.05 Intellectual Property. Texas Health and Safety Code §12.020
authorizes DSHS to protect intellectual property developed as a result of this
Contract.
(a) "Intellectual property" means created property that may be protected under
copyright,patent, or trademark/service mark law.
(b) For purposes of this Contract intellectual property prepared for DSHS use, or a
work specially ordered or commissioned through a contract for DSHS use is
"work made for hire." DSHS owns works made for hire unless it agrees
otherwise by contract. To the extent that title and interest to any such work may
not, by operation of law, vest in DSHS, or such work may not be considered a
work made for hire, Contractor irrevocably assigns the rights, title and interest
therein to DSHS. DSHS shall have the right to obtain and hold in its name any
and all patents, copyright, registrations or other such protections as may be
appropriate to the subject matter, and any extensions and renewals thereof.
General Provisions(Core Subrecipient 2008) 6/12/2007 26
Contractor must give DSHS and the State of Texas, as well as any person
designated by DSHS and the State of Texas, all assistance required to perfect the
rights defined herein without charge or expense beyond those amounts payable to
Contractor for goods provided or services rendered under this Contract.
(c) If federal funds are used to finance activities supported by this Contract that
result in the production of intellectual property, the federal awarding agency
reserves a royalty-free, nonexclusive, and irrevocable license to reproduce,
publish, or otherwise use, and to authorize others to use, for federal government
purposes (1) the copyright in any intellectual property developed under this
Contract, including any subcontract and (2) any rights of copyright to which a
Contractor purchases ownership with contract funds. Contractor shall place an
acknowledgment of federal awarding agency grant support and a disclaimer, as
appropriate, on any publication written or published with such support and, if
feasible, on any publication reporting the results of or describing a grant-
supported activity. An acknowledgment shall be to the effect that "This
publication was made possible by grant number from (federal awarding
a enc or"The project described was supported by grant number from
(federal awarding agency)"� and "Its contents are solely the responsibility of the
authors and do not necessarily represent, the official views of the (federal
awarding agency)."
(d) In the event the terms of a federal grant award the copyright to Contractor, DSHS
reserves a royalty-free, nonexclusive, worldwide and irrevocable license to
reproduce, publish or otherwise use, and to authorize others to use, for DSHS,
public health, and state governmental noncommercial purposes (1) the copyright,
trademark, service mark, and/or patent on an invention, discovery, or
improvement to any process, machine, manufacture, or composition of matter;
products; technology; scientific information; trade secrets; and computer
software, in any work developed under a grant, subgrant, or contract under a grant
or subgrant; and (2) any rights of copyright, service or trade marks or patents to
which a grantee, subgrantee or a Contractor purchases ownership with contract
funds.
(e) If the results of the contract performance are subject to copyright law, the
Contractor cannot publish those results without prior review and approval of
DSHS. Contractor shall submit requests for review and approval to the Division
Contract Management Unit assigned to the Program Attachment.
Section 13.06 Other Intangible Property. At the conclusion of the contractual
relationship between Department and the Contractor, for any reason, Department
shall have the sole ownership rights and interest in all non-copyrightable intangible
property that was developed, produced or obtained by Contractor as a specific
requirement under the Contract or under any grant that funds this Contract, such as
domain names, URLs, etc. Contractor shall cooperate with Department and
perform all actions necessary to transfer ownership of such property to the
Department or its designee, or otherwise affirm Department's ownership rights and
interest in such property. This provision shall survive the termination or expiration
of the Contract.
General Provisions(Core Subrecipient 2008) 6/12/2007 27
Section 13.07 Severability and Ambiguity. If any provision of this Contract is
construed to be illegal or invalid, the illegal or invalid provision will be deemed
stricken and deleted to the same extent and effect as if never incorporated, but all
other provisions will continue. Parties represent and agree that the language
contained in this Contract is to be construed as jointly drafted, proposed and
accepted.
Section 13.08 Legal Notice. Any notice required or permitted to be given by the
provisions of this Contract shall be deemed to have been received by a Party on the
third business day after the date on which it was mailed to the Party at the address
first given above (or at such other address as the Party shall specify to the other
Party in writing)or,if sent by certified mail, on the date of receipt.
Section 13.09 Successors. The Contract shall be binding upon the Parties and their
successors and assignees, except as expressly provided in this Contract.
Section 13.10 Headings. The articles and section headings used in the Contract
are for convenience of reference only and shall not be construed in any way to
define, limit or describe the scope or intent of any provisions.
Section 13.11 Parties. The Parties represent to each other that they are entities
fully familiar with transactions of the kind reflected by this document, and are
capable of understanding the terminology and meaning of its terms and conditions
and of obtaining independent legal advice pertaining to this Contract.
Section 13.12 Survivability of Terms. Termination or expiration of this Contract
or a Program Attachment for any reason shall not release either party from any
liabilities or obligations set forth in this Contract that (a) the parties have expressly
agreed shall survive any such termination or expiration, or (b) remain to be
performed or (c) by their nature would be intended to be applicable following any
such termination or expiration.
Section 13.13 Direct Operation. The Department may temporarily assume
operations of a Contractor's program or programs funded under this Contract when
the continued operation of the program by Contractor puts at risk the health and
safety of clients and/or participants served by the Contractor, and there are no
reasonable alternatives available.
Section 13.14 Customer Service Information. If requested, Contractor shall
supply such information as required by the Department to comply with the
provisions of TEX.GOV'T CODE ch.2114 regarding Customer Service surveys.
Section 13.15 Amendment. Parties agree that the Department may unilaterally
reduce funds pursuant to the terms of this Contract without the written agreement of
Contractor. All other amendments to this Contract must be in writing and agreed to
by both Parties, except as otherwise specified in the Contractor's Notification of
Change to Certain Contract Provisions section or the Contractor's Request for
Revision to Certain Contract Provisions section of these General Provisions.
General Provisions (Core Subrecipient 2008) 6/12/2007 28
Contractor's request for certain budget revisions or other amendments must be
submitted in writing, including a justification for the request, to the Division
Contract Management Unit assigned to the Program Attachment; and if a budget
revision or amendment is requested during the last quarter of the Contract or
Program Attachment term, as applicable, Contractor's written justification must
include a reason for the delay in making the request. Revision or amendment
requests may be granted at the discretion of DSHS. Except as otherwise provided
in this Article, Contractor shall not perform or produce, and DSHS shall not pay for
the performance or production of, different or additional goods, services, work or
products except pursuant to an amendment of this Contract that is executed in
compliance with this Section; and DSHS may not waive any term, covenant, or
condition of this Contract unless by amendment or otherwise in compliance with
this Section.
Section 13.16 Contractor's Notification of Change to Certain Contract
Provisions. The following changes may be made to the Contract without a written
amendment or the Department's prior approval:
1) Contractor's contact person and contact information.
2) Contact information for key personnel, as stated in the application.
3) Cumulative budget line item transfers that exceed 10% among direct cost
categories other than the equipment category, of cost reimbursement contract
Program Attachments of less than $100,000, provided that the total budget
amount is unchanged.
4) Minor corrections or clarifications to the Contract language that in no way alter
the Contract scope of work, objectives or performance measures.
5) A change in the Contractor's share of the budget concerning non-DSHS funding
of the amount of the change,
other than program income and match, regardless
provided that in changing the budget,Contractor is not supplanting DSHS funds.
Contractor within ten days shall notify in writing the Division Contract
Management Unit assigned to the Program Attachment of any change enumerated
in this section. The notification may be by letter, fax or email.
Section 13.17 Contractor's Request for Revision of Certain Contract
Provisions. The following changes to the Contract may be made through a
Contractor's Revision Request, rather than through the amendment process:
1) Cumulative budget line item transfers among direct cost categories other than the
equipment category that exceed 10% of cost reimbursement contract Program
Attachments of $100,000 or more, provided that the total budget amount is
unchanged.
2) Line item transfer of funds for direct payment of training allowances for any cost
reimbursement contract.
3) Change in clinic hours or location.
4) Change in equipment list substituting an item of equipment equivalent to an item
of equipment on the approved budget, (Ex. purchase of XYZ brand computer
General Provisions(Core Subrecipient 2008) 6/12/2007 29
instead of approved ABC brand computer with essentially identical features as the
XYZ computer).
5) Changes in the equipment category of a previously approved equipment budget
(other than acquisition of additional equipment, which requires an amendment to
the Contract).
6) Changes specified in applicable cost principles as requiring prior approval,
regardless of dollar threshold.
7) Changes to community sites, independent school districts or schools, in substance
abuse Program Attachments.
In order to request a revision of any of the enumerated provisions, Contractor shall
obtain a Contract Revision Request form from the DSHS website and complete the
form as directed by the Department. Two copies of the completed form must be
signed by Contractor's representative who is authorized to sign contracts on behalf
of Contractor, and both original, signed forms must be submitted to the Division
Contract Management Unit assigned to the Program Attachment. Any approved
revision will not be effective unless signed by the DSHS Director of Client Services
Contracting Unit. A separate Contractor Revision Request is required for each
Program Attachment to be revised. Circumstances of a requested contract revision
may indicate the need for a Contract amendment with written justification rather
than a contract revision.
Section 13.18 Immunity Not Waived. THE PARTIES EXPRESSLY AGREE
THAT NO PROVISION OF THIS CONTRACT IS IN ANY WAY INTENDED
TO CONSTITUTE A WAIVER BY DEPARTMENT OR THE STATE OF
TEXAS OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY THAT
DEPARTMENT OR THE STATE OF TEXAS MAY HAVE BY OPERATION OF
LAW.
Section 13.19 Hold Harmless. Contractor, as an independent contractor, agrees to
hold Department, the State of Texas, individual state employees and officers, and
the federal government harmless and to indemnify them from any and all liability,
suits, claims, losses, damages and judgments, and to pay all costs, fees, and
damages to the extent that such costs, fees, and damages arise from performance or
nonperformance of Contractor, its employees, subcontractors, joint venture
participants or agents under this Contract.
Section 13.20 Waiver. Acceptance by either party of partial performance or failure
to complain of any action, non-action or default under this Contract shall not
constitute a waiver of either party's rights under the Contract.
Section 13.21 Contracting with Executive Head of State Agency. If Contractor
currently or subsequently employs a current or former executive head of DSHS,
Texas Department of Health, Texas Department of Mental Health and Mental
Retardation or Texas Commission on Alcohol and Drug Abuse, Contractor shall
submit the following information to the Division Contract Management Unit
assigned to the Program Attachment:
General Provisions (Core Subrecipient 2008) 6/12/2007 30
(a) Name of Executive;
(b) Name of State Agency;
(c) Date of Separation from State Agency, if separated;
(d) Date of Employment with Contractor; and
(e) Other information as required by DSHS to comply with TEE. GOV'T. CODE §
669.003.
Section 13.22 Technology Accessibility. If performance under this Contract
includes the development, modification or maintenance of a website for DSHS, or
for the public on behalf of DSHS, Contractor expressly acknowledges that state
funds may not be expended in connection with the purchase of an automated
information system unless that system meets certain statutory and regulatory
requirements relating to accessibility by persons with blindness,visual impairments,
visual accuity less than 20/70, deafness, diminishing hearing, inability to speak or a
lack of fine motor control (collectively "affected persons"). Accordingly,
Contractor represents and warrants to DSHS that the technology provided to DSHS
for purchase is capable, either by virtue of features included within the technology
or because it is readily adaptable by use with other technology,of:
a. Providing equivalent access for effective use by affected persons;
b. Presenting information, including prompts used for interactive
communications, in formats intended for use by affected persons; and
c. Being integrated into networks for obtaining,retrieving, and disseminating
information used by affected persons.
For purposes of this section, the phrase "equivalent access" means a substantially
similar ability to communicate with or make use of the technology, either directly by
features incorporated within the technology or by other reasonable means such as
assistive devices or services that would constitute reasonable accommodations under
the Americans with Disabilities Act or similar state or federal laws. Examples of
methods by which equivalent access may be provided include, but are not limited to,
keyboard alternatives to mouse commands and other means of navigating graphical
displays, information retrieval provided in an enhanced auditory fashion, voice
commands,touch screen capacity, and customize display appearance.
ARTICLE XIV BREACH OF CONTRACT AND REMEDIES
FOR NON-COMPLIANCE.
Section 14.01 Actions Constituting Breach of Contract. Actions or inactions
that constitute breach of contract include,but are not limited to,the following:
General Provisions (Core Subrecipient 2008) 6/122007 31
a) failure to properly provide the services and/or goods purchased
under this Contract;
b) failure to comply with any provision of this Contract, including
failure to comply with all applicable statutes,rules or regulations;
c) failure to pay refunds or penalties owed to the Department;
d) failure to comply with a repayment agreement with the Department
or agreed order issued by the Department;
e) failure by Contractor to provide a full accounting of funds expended
under this Contract;
f) discovery of a material misrepresentation in any aspect of
Contractor's response to the Solicitation Document;
g) any misrepresentation in the assurances and certifications in the
Contractor's application or response to the Solicitation Document or in
this Contract; or
h) Contractor is on or is added to the Excluded Parties List System
(EPLS).
Section 14.02 General Remedies and Sanctions. The Department will monitor
Contractor for both programmatic and financial compliance. The remedies set forth
below are available to the Department against Contractor and any entity that
subcontracts with Contractor for provision of services or goods. HHSC OIG may
investigate, audit and impose or recommend imposition of sanctions to Department
for any breach of this Contract and may monitor Contractor for financial
compliance. The Department may impose one or more sanctions for each item of
noncompliance and will determine sanctions on a case-by-case basis. Contractor is
responsible for complying with all of the terms of this Contract. The listing of or
use of one or more of the remedies listed below does not relieve Contractor of any
obligations under the Contract. A state or federal statute, rule or regulation, or
federal guideline will prevail over the provisions of this Article unless the statute,
rule, regulation, or guideline can be read together with the provision(s) of this
Article to give effect to both. If the Contractor breaches this Contract by failing to
comply with one or more of the terms of this Contract, including but not limited to
compliance with applicable statutes, rules or regulations, the Department may take
one or more of the actions listed below:
General Provisions (Core Subrecipient 2008) 6/12/2007 32
a) terminate the Contract or a Program Attachment of the Contract as it
relates to a specific program type. In the case of termination, the
Department will inform Contractor of the termination no less than thirty-
one (31) calendar days before the effective date of the termination in a
notice of termination. The notice of termination will state the effective
date of the termination, the reasons for the termination, and, if
applicable, alert the Contractor of the opportunity to request a hearing on
the termination pursuant to TEX. GOV'T CODE ch. 2105 regarding
administration of Block Grants. The Contractor agrees that it shall not
make any claim for payment or reimbursement for services provided
from the effective date of termination;
b) suspend all or part of this Contract. Suspension is, depending on the
context, either (1) the temporary withdrawal of Contractor's authority to
obligate funds pending corrective action by Contractor or its
subcontractor(s) or pending a decision to terminate or amend the
Contract, or (2) an action taken by a suspending official in accordance
with Department rules to immediately exclude a person from
participating in contract transactions for a period of time, pending
completion of an investigation and such legal or debarment proceedings
as may ensue. Contractor may not bill DSHS for services performed
during suspension, and Contractor costs resulting from obligations
incurred by Contractor during a suspension are not allowable unless
expressly authorized by the notice of suspension;
c) deny additional or future contracts or renewals with Contractor;
d) reduce funding if the Contractor fails to provide services or goods
consistent with performance expectations described in the Contract;
e) disallow(deny both use of funds and matching credit for) all or part
of the activities or action not in compliance;
f) temporarily withhold cash payments. Temporarily withholding cash
payments means the temporary withholding of a working capital
advance, if applicable, or reimbursements or payments to Contractor for
proper charges or obligations incurred, pending resolution of issues of
noncompliance with conditions of this Contract or indebtedness to the
United States or to the State of Texas;
g) permanently withhold cash payments. Permanent withholding of
cash payment means that Department retains funds billed by Contractor
for (1) unallowable, undocumented, disputed, inaccurate, improper, or
erroneous billings; (2) material failure to comply with Contract
provisions; or (3) indebtedness to the United States or to the State of
Texas;
h) declare the Contract void upon the Department's determination that
the Contract was obtained fraudulently or upon the Department's
determination that the Contract was illegal or invalid from the Contract's
inception and demand repayment of any funds paid under the Contract;
General Provisions(Core Subrecipient 2008) 6/12/2007 33
i) request that Contractor be removed from the Centralized Master
Bidders List (CMBL) or any other state bid list, and bar it from
participating in future contracting opportunities with the State of Texas;
j) delay contract execution with Contractor while other imposed or
proposed sanctions are pending resolution;
k) place Contractor on probation. Probation means that Contractor will
be placed on accelerated monitoring for a period not to exceed six (6)
months at which time items of noncompliance must be resolved or
substantial improvement shown by Contractor. Accelerated monitoring
means more frequent or more extensive monitoring will be performed by
Department than would routinely be accomplished;
1) require Contractor to obtain technical or managerial assistance;
m) establish additional prior approvals for expenditure of funds by
Contractor;
n) require additional, more detailed, financial and/or programmatic
reports to be submitted by Contractor,
o) demand repayment from Contractor;
p) reduce the funding amount for failure to achieve or maintain the
proposed level of service, to expend funds appropriately and at a rate
which will make full use of the award, or to provide services or to
achieve local match, if required;
q) pursue a claim for damages as a result of breach of contract;
r) require removal of any officer, board member or employee of the
Contractor who has been convicted of the misuse of state or federal
funds, fraud or illegal acts that are in contraindication to continued
obligations under this Contract, as determined by DSHS;
s) withhold any payments to Contractor to satisfy any recoupment or
penalty imposed by DSHS, and take repayment from funds available
under this Contract, active or expired,in amounts necessary to fulfill
Contractor's repayment obligations;
t) reduce the Contract term;
u) recoup improper payments when it is verified that the Contractor has
been overpaid because of improper billing or accounting practices or
failure to comply with Contract terms; or
v) impose other remedies provided by law.
Section 14.03 Notice of Remedies or Sanctions. Department will formally notify
Contractor in writing when a remedy or sanction is imposed (with the exception of
accelerated monitoring, which may be unannounced), stating the nature of the
remedies and sanction(s), the reasons for imposing them, the corrective actions, if
any,that must be taken before the actions will be removed and the time allowed for
completing the corrective actions, and the method, if any, of requesting
reconsideration of the remedies and sanctions imposed. Contractor is required to
file, within fifteen (15) calendar days of receipt of notice, a written response to
Department acknowledging receipt of such notice. If requested by the Department,
General Provisions (Core Subrecipient 2008) 6/12/2007 34
the written response shall state how Contractor shall correct the noncompliance or
demonstrate in writing that the findings on which the remedies or sanction(s) are
based are either invalid or do not warrant the remedies or sanction(s). If
Department determines that a remedy or sanction is warranted,unless the remedy or
sanction is subject to review under a federal or state statute,regulation or guideline,
Department's decision is final. Department shall provide written notice to
Contractor of Department's decision. If required by the Department, Contractor
shall take corrective action.
Section 14.04 Emergency Action. In an emergency, Department may
immediately terminate or suspend all or part of this Contract, temporarily or
permanently withhold cash payments, deny contract renewal or future contract
awards, or delay contract execution by delivering written notice to Contractor, by
any verifiable method, stating the reason for the emergency action. An
"emergency"is defined as the following:
a) Contractor is noncompliant and the noncompliance has a direct
adverse impact on the public or client health, welfare or safety. The
direct adverse impact may be programmatic or financial and may
include failing to provide services, providing inadequate services,
providing unnecessary services, or utilizing resources so that the public
or clients do not receive the benefits contemplated by the scope of work
or performance measures;or
b) Contractor is expending funds inappropriately.
Whether Contractor's conduct or noncompliance is an emergency will be
determined by Department on a case-by-case basis and will be based upon the
nature of the noncompliance or conduct.
ARTICLE XV CLAIMS AGAINST THE DEPARTMENT.
Section 15.01 Breach of Contract Claim. The process for a breach of contract
claim against the Department provided for in Chapter 2260 of Texas Government
Code and implemented in the rules at 25 TAC §§1.431-1.447 shall be used by
DSHS and Contractor to attempt to resolve any breach of contract claim against
DSHS.
Section 15.02 Notice. Contractor's claims for breach of this Contract that the
parties cannot resolve in the ordinary course of business shall be submitted to the
negotiation process provided in Chapter 2260, subchapter B, Texas Government
Code. To initiate the process, Contractor shall submit written notice, as required by
subchapter B, to DSHS's Office of General Counsel. The notice shall specifically
state that the provisions of Chapter 2260, subchapter B, are being invoked. A copy
of the notice shall also be given to all other representatives of DSHS and
Contractor. Subchapter B is a condition precedent to the filing of a contested case
proceeding under Chapter 2260, subchapter C,Texas Government Code.
General Provisions(Core Subrecipient 2008) 6/12/2007 35
Section 15.03 Sole Remedy.The contested case process provided in Chapter
2260, subchapter C, Texas Government Code, is Contractor's sole and exclusive
process for seeking a remedy for any and all alleged breaches of contract by DSHS
if the parties are unable to resolve their disputes under this Article.
Section 15.04 Condition Precedent to Suit. Compliance with the contested case
process provided in Chapter 2260, subchapter C, Texas Government Code, is a
condition precedent to seeking consent to sue from the Legislature under Chapter
107 of the Civil Practices and Remedies Code. Neither the execution of this
Contract by DSHS nor any other conduct of any representative of DSHS relating to
this Contract shall be considered a waiver of sovereign immunity to suit.
Section 15.05 Performance Not Suspended.Neither the occurrence of an event
nor the pendency of a claim constitutes grounds for the suspension of performance
by Contractor, in whole or in part.
ARTICLE XVI TERNMATION.
Section 16.01 Expiration of Contract or Program Attachment(s). Contractor's
service obligations set forth in each Program Attachment shall end upon the
expiration date of that Program Attachment unless extended or renewed by written
amendment. Prior to completion of the term of all Program Attachments, all or a
part of this Contract may be terminated with or without*cause as set forth below.
Section 16.02 Effect of Termination. Termination is the permanent withdrawal
of Contractor's authority to obligate previously awarded funds before that authority
would otherwise expire or the voluntary relinquishment by Contractor of the
authority to obligate previously awarded funds. Contractor costs resulting from
obligations incurred by Contractor after termination of an award are not allowable
unless expressly authorized by the notice of termination. Upon termination of this
Contract or Program Attachment, as applicable, Contractor shall cooperate with
DSHS to the fullest extent possible to ensure the orderly and safe transfer of
responsibilities under the Contract or Program Attachment, as applicable, to DSHS
or other entity designated by DSHS. Upon termination of all or part of this
Contract,Department and Contractor will be discharged from any further obligation
created under the applicable terms of this Contract or the Program Attachment, as
applicable, except for the equitable settlement of the respective accrued interests or
obligations incurred prior to termination and for Contractor's duty to cooperate with
DSHS. Termination does not however, constitute a waiver of any remedies for
breach of this Contract. In addition, Contractor's obligations to retain records and
maintain confidentiality of information shall survive this Contract.
Section 16.03 Acts Not Constituting Termination. Termination does not
include: (1) withdrawal of funds awarded on the basis of the Contractor's
underestimate of the unobligated balance in a prior period; (2) withdrawal of the
unobligated balance at the expiration of the term of a Program Attachment; (3)
refusal to extend a Program Attachment or award additional funds to make a
General Provisions (Core Subrecipient 2008) 6/12/2007 36
competing or noncompeting continuation, renewal, extension, or supplemental
award;or (4) voiding of a contract upon determination that the award was obtained
fraudulently,or was otherwise illegal or invalid from inception.
Section 16.04 Termination Without Cause.
a) Either Party may terminate this Contract or a Program Attachment,
as applicable, with at least thirty (30) calendar days prior written notice
to the other Party, except that if Contractor seeks to terminate a Contract
or Program Attachment that involves residential client services,
Contractor must give the Department at least ninety (90) calendar days
prior written notice and must submit a transition plan to ensure client
services are not disrupted.
b) The Parties may terminate this Contract or a Program Attachment by
mutual agreement.
c) Either Party may terminate this Contract or a Program Attachment
with at least thirty (30) calendar days prior written notice to the other
Party in the event funds become unavailable through lack of
appropriations, budget cuts, transfer of funds between programs or
health and human services agencies, amendments to the Appropriations
Act, health and human services consolidations, or any disruption of
current appropriated funding for this Contract or Program Attachment
d) Department may terminate this Contract or a Program Attachment
immediately when, in the sole determination of Department,termination
is in the best interest of the State of Texas.
Section 16.05 Termination For Cause. Either Party may terminate for material
breach of this Contract with at least thirty (30) calendar days written notice to the
other Party. Department may terminate this Contract, in whole or in part,for breach
of contract or for any other conduct that jeopardizes the Contract objectives, by
written notice to Contractor. Such conduct
giving at least thirty (30) calendar days wn
may include one or more of the following:
(a) a court of competent jurisdiction finds that Contractor has failed to adhere
to any laws, ordinances, rules, regulations or orders of any public authority having
jurisdiction;
(b) Contractor fails to communicate with Department or fails to allow its
employees or those of its subcontractor to communicate with Department as
necessary to the performance of this Contract;
(c) Contractor breaches a standard of confidentiality with respect to the
services provided under this Contract;
(d) Department determines that Contractor is without sufficient personnel or
resources to perform under this Contract or that Contractor is otherwise unable or
unwilling to fulfill any of its requirements under the Contract or exercise adequate
control over expenditures or assets;
General Provisions(Core Subrecipient 2008) 6/12/2007 37
(e) Department determines that Contractor,its agent or another representative
offered or gave a gratuity (e.g., entertainment or gift) to an official or employee of
DSHS or HHSC for the purpose of obtaining a contract or favorable treatment;
(f) Department determines that the Contract includes financial participation
by a person who received compensation from DSHS to participate in developing,
drafting or preparing the specifications, requirements or statement(s) of work or
Solicitation Document on which this Contract is based in violation of Gov. Code
§2155.004;
(g) Contractor appears to be financially unstable. Indicators of financial
instability may include one or more of the following:
1. Contractor fails to make payments;
2. Contractor makes an assignment for the benefit of its creditors;
3. Contractor admits in writing its inability to pay its debts generally as they
become due;
4. if judgment for the payment of money in excess of$50,000 (which is not
covered by insurance) is rendered by any court or governmental body against
Contractor,and Contractor does not(a) discharge the judgment or(b)provide for its
discharge in accordance with its terms, or (c) procure a stay of execution within
thirty (30) calendar days from the date of entry of the judgment, and within the
thirty (30)-day period or a longer period during which execution of the judgment
has been stayed, appeal from the judgment and cause the execution to be stayed
during such appeal while providing such reserves for the judgment as may be
required under generally accepted accounting principles;
5. a writ or warrant of attachment or any similar process shall be 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
thirty(30) calendar days after its entry;
6. Contractor is adjudicated bankrupt or insolvent;
7. Contractor files a case under the Federal Bankruptcy Code or seeks relief
under any provision of any bankruptcy, reorganization, arrangement, insolvency,
readjustment of debt,dissolution,receivership or liquidation law of any jurisdiction,
whether now or hereafter in effect, or consents to the filing of any case or petition
against it under any such law;
8. any property or portion of the property of Contractor is sequestered by court
order and the order remains in effect for more than thirty (30) calendar days after
Contractor obtains knowledge thereof;
9. a petition is filed against Contractor under any state reorganization,
arrangement, insolvency, readjustment of debt, dissolution, receivership or
liquidation law of any jurisdiction, whether now or hereafter in effect, and such
petition is not dismissed within thirty(30) calendar days;
10. Contractor consents to the appointment of a receiver,trustee, or liquidator of
Contractor or of all or any part of its property; or
General Provisions(Core Subrecipient 2008) 6/12/2007 38
(h)Contractor's management system does not meet the UGMS management
standards.
Section 16.06 Notice of Termination. Either Party may deliver written notice
its
intent to terminate by any verifiable method. If either Party gives
intent to terminate all or a part of this Contract, Department and Contractor will
attempt to resolve any issues related to the anticipated termination in good faith
during the notice period.
ARTICLE XVH VOID,SUSPENDED,AND TERMINATED
CONTRACTS.
Section 17.01 Void Contracts. Department may hold this Contract void upon
determination that the award was obtained fraudulently or was otherwise illegal or
invalid from its inception.
Section 17.02 Effect of Void, Suspended, or Involuntarily Terminated
Contract. A Contractor who has been a party to a contract with DSHS that has
been found to be void, suspended, or terminated for cause is not eligible for
expansion of current contracts, if any, or new contracts or renewals until the
Department has determined that Contractor has satisfactorily resolved the issues
underlying the suspension or termination. Additionally, if this Contract is found to
be void,any amount paid is subject to refund.
Section 17.03 Appeals Rights. Pursuant to Gov. Code §2105.302, after receiving
notice from the Department of termination of a contract with DSHS funded by
block grant funds, Contractor may request an administrative hearing under Gov.
Code Chapter 2001.
ARTICLE XVIII CLOSEOUT AND CONTRACT
RECONCILIATION
Section 18.01 Cessation of Services At Closeout. Upon expiration of the Contract
or Program Attachment, as applicable, (and any renewals of the Contract or
Program Attachment) on its own terms, Contractor shall cease services under the
Contract or Program Attachment and shall cooperate with DSHS to the fullest
extent possible to ensure the orderly and safe transfer of responsibilities under the
Contract to DSHS or other entity designated by DSHS. Upon receiving notice of
non-renewal, the Contractor agrees
Contract or Program Attachment termination or non re �'
to immediately begin to transition recipients of services to alternative service
providers, as needed. Contractor also agrees to completely cease providing services
under the Contract or Program Attachment by the date specified in the termination
or non-renewal notice. Contractor shall not bill DSHS for services performed after
termination or expiration of the Contract or Program Attachment, or incur any
additional expenses once the Contract or Program Attachment is terminated or has
expired. Upon termination, expiration or non-renewal of this Contract or a Program
Attachment, Contractor shall immediately initiate Closeout activities described in
General Provisions (Core Subrecipient 2008) 6/12/2007 39
this Article.
Section 18.02 Administrative Offset. The Department shall have the right to
administratively offset amounts owed by Contractor against billings.
Section 18.03 Deadline for Closeout. Contractor shall submit all financial,
performance, and other Closeout reports required under the Contract within sixty
(60) calendar days after the Contract or Program Attachment end date. Unless
otherwise provided under the Final Billing Submission section of the Payment
Methods and Restrictions Article, the Department is not liable for any claims that
are not received within sixty (60) calendar days after the Contract or Program
Attachment end date.
Section 18.04 Payment of Refunds. Any funds paid to the Contractor in excess of
the amount to which the Contractor is finally determined to be entitled under the
terms of the Contract constitute a debt to the Department and will result in a refund
due. Contractor shall pay any refund amount due within the time period established
by the Department.
Section 18.05 Disallowances and Adjustments. The Closeout of the Contract or
Program Attachment does not affect the Department's right to disallow costs and
recover funds on the basis of a later audit or other review or the Contractor's
obligation to return any funds due. as a result of later refunds, corrections, or other
transactions.
Section 18.06 Contract Reconciliation. If Contractor is required to annually.
reconcile multi-year contracts, Contractor, within 60 calendar days after the end of
each year of the Contract, shall submit to the Division Contract Management Unit
assigned to the Program Attachment all financial and reconciliation reports required
by Department in forms as determined by Department. Required reconciliation
forms and reports may include the following: Cash Match Participation Form, In-
kind Match Participation Form, Program Income Report, Equipment Inventory,
Controlled Items Inventory, Contractor's Release Agreement, and Reconciliation
Refund Remittance Form. Any additional forms or reports required by Department
shall be posted on the DSHS website prior to the reconciliation period. Unless
otherwise directed by Department, all forms and reports must be submitted in hard
copies, with original signatures if required, to DSHS by the due date.
General Provisions (Core Subrecipient 2008) 6/12/2007 40
IDOJCity Council Agenda Item
� c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Bart Bartkowiak, Chief Technology Officer 56
MEETING DATE: March 4, 2008
REQUESTED ACTION: Council consider authorizing the City Manager to join with
Jefferson County in approving the Final Rebanding
Agreement for the 800 MHz Reconfiguration
RECOMMENDATION
Administration recommends approval authorizing the City Manager to join with Jefferson County
in approving the Final Rebanding Agreement that will allow Motorola to provide the services
described in the Statement of Work.
BACKGROUND
On August 6, 2004, the Federal Communications Commission("FCC") issued a report and order
to reconfigure the frequency allocations in the 800 MHz band ("Reconfiguration"), including
frequency allocations on which the City of Beaumont, Jefferson County and Nextel are currently
authorized to operate.
On December 22, 2004, the FCC issued a Supplemental Order and Order on Reconsideration.
Pursuant to the Order, Nextel, The City of Beaumont and Jefferson County intend to enter into
a 800 MHz Frequency Reconfiguration Agreement that will define the Parties' respective
obligations regarding the Reconfiguration, including without limitation Nextel's obligation to pay
for reasonable costs incurred in effecting the Reconfiguration.
Approval of the Final Rebanding Agreement will kick off the Implementation Phase of the
project. The Implementation Phase will consist of the reprogramming and re-tuning work
necessary to complete the rebanding project.
BUDGETARY IMPACT
None. Nextel is fully funding all necessary expenditures for the reconfiguration of frequency
allocations including outlined expenses incurred by the City of Beaumont.
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 the necessary
documents to join with Jefferson County in approving the Final Rebanding Agreement for
the 800 MHz Reconfiguration.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of
March, 2008.
- Mayor Becky Ames -
Cit ( of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MARCH 4, 2008 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 2-7/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider a request for an amendment to the City of Beaumont Zoning Ordinance,
Chapter 30, to allow electronic reader board owner identification signs
2. Consider authorizing the City Manager to execute a Flood Mitigation Assistance
Grant with the Texas Water Development Board for the Fannin Street Drainage
Project
3. Consider approving the purchase of Fleet vehicles through the H-GAC Purchasing
Program
4. Consider approving the purchase of Fleet vehicles through the BuyBoard
Cooperative Purchasing Program
5. Consider approving the purchase of a new fire truck
6. Consider approving a contract for exterior repairs to the Art Museum of Southeast
Texas
7. Consider authorizing the City Manager to sign documents amending the contract
with the South East Texas Regional Planning Commission relating to CDBG
Disaster Relief Funding
WORKSESSION
* Review and discuss the recruitment and hiring of Police officers
* Receive and discuss a proposal to develop an integrated Public Children's Library
and Non-Profit Children's Museum inside the Main Public Library located
downtown at 801 Pearl Street
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment(Persons are limited to 3 minutes)
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
The claim of Millennium Transit Services, LLC
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Lenny Caballero at SW3716 three days prior to the meeting.
1
March 4,2008
Consider a request for an amendment to the City of Beaumont Zoning Ordinance, Chapter 30, to
allow electronic reader board owner identification signs
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: March 4, 2008
REQUESTED ACTION: Council consider a request for an amendment to the City of
Beaumont Zoning Ordinance, Chapter 30,to allow
electronic reader board owner identification signs.
RECOMMENDATION
The Administration recommends approval of a request for an amendment to the City of
Beaumont Zoning Ordinance, Chapter 30,to allow electronic reader board owner identification
signs.
BACKGROUND
The Planning Division has had a number of requests and inquires for and about electronic reader
board signs.
The Zoning Ordinance prohibits signs with flashing lights or intermittent illumination, except for
electronic billboards and those signs that cannot be seen from the public right-of-way. When
requests for electronic reader board signs have been made,they have been denied based upon the
aforementioned prohibition.
At a Joint Public Hearing held February 18, 2008,the Planning Commission voted 5:0 to
recommend denial of a request to amend the City of Beaumont Zoning Ordinance, Chapter 30,to
allow electronic reader board owner identification signs.
On February 26,2008, City Council held a workshop on electronic reader board owner
identification signs. Based upon input from the City Council,the City Manager stated that a
recommendation from the Administration would be brought to City Council.
BUDGETARYIMPACT
None.
RECOMMENDATION FOR ORDINANCE PURPOSES
GENERAL DEFINITIONS -
Sec. 30-4 (b) Definitions:
SIGN,ELECTRONIC READER BOARD shall mean a sign or portion thereof
that uses changing lights to form a sign message or messages in text form wherein
the sequence of messages and the rate of change is electronically programmed and
can be modified by electronic processes. A sign on which the only copy that
changes is an electronic or mechanical indication of time or temperature shall be
considered a"time/temperature"portion of a sign and not a commercial message
or an electronic reader board sign for purposes of this Chapter.
UC -URBAN CORRIDOR SIGN OVERLAY DISTRICT-
Sec. 30-23 (b)Definitions:
— SIGN, ELECTRONIC READER BOARD shall mean a sign or portion thereof
that uses changing lights to form a sign message or messages in text form wherein
the sequence of messages and the rate of change is electronically programmed and
can be modified by electronic processes. A sign on which the only copy that
changes is an electronic or mechanical indication of time or temperature shall be
considered a"time/temperature"portion of a sign and not a commercial message
or an electronic reader board sign for purposes of this Chapter.
Sec. 30-23 (f) 3 Signs in Residential -UC Districts:
b. One (1)detached owner-identification sign shall be permitted for a multiple
family development, non-residential or institutional building for each abutting
street, subject to the following conditions and restrictions:
1. The sign shall not exceed twenty(20) square feet in area.
2. The sign shall not exceed five(5)feet in height.
3. Except for electronic reader board signs,no sign shall be lighted except by
reflective flood-light type illumination. There shall not be any flashing
lights or any type of intermittent illumination, except as allowed below:
(a) Detached electronic reader board signs shall be permitted.
(b) The message copy may change no more than once every five (5)
minutes.
(c) Message copy shall not include any flashing, flowing, alternating
or blinking lights or animation.
(d) Message copy shall be one(1)color.
(e) As measured at the property line,the maximum light emanation
from a sign shall be no greater than .2 footcandles.
(f) Electronic reader board signs shall not be permitted in a historic
district.
4. All parts of the sign shall be located a minimum of twenty-five (25)feet
from the property line.
5. The sign shall meet the wind load requirements of the Building Code.
6. The sign shall be placed in a landscaped setting of not less than 120 square
feet.
d. One detached owner-identification sign shall be permitted for each commercial
use with a Specific Use Permit in the RCR,Residential Conservation and
Revitalization District, subject to the following conditions and restrictions:
1. The sign is included in the site plan approved in the Specific Use Permit.
2. The sign shall not exceed twenty-five (25) square feet in area.
3. The sign shall not exceed fifteen(15)feet in height.
4. The sign shall not have any flashing lights, intermittent illumination nor
revolve nor rotate in any manner,except as allowed below:
(a) Detached electronic reader board signs shall be permitted.
(b) The message copy may change no more than once every five (5)
minutes.
(c) Message copy shall not include any flashing, flowing, alternating
or blinking lights or animation.
(d) Message copy shall be one (1)color.
(e) As measured at the property line,the maximum light emanation
from a sign shall be no greater than .2 footcandles.
(f) Electronic reader board signs shall not be permitted in a historic
district.
5. All parts of the sign shall be set back at least fifteen(15)feet from any
property line.
6. The sign shall meet the wind load requirements set forth in the Building
Code.
7. The sign shall be placed in a landscaped setting of not less than 120 square
feet.
Sec. 30-23 (f)4 Signs in Commercial and Industrial -UC Districts:
a. One(1)detached owner identification sign,and one(1) additional detached sign
for each thoroughfare more than one(1)that abuts the property, shall be permitted
in the NC,Neighborhood Commercial District and OP, Office Park District for
each commercial or office park establishment subject to the following conditions
and restrictions:
1. The sign shall not exceed twenty-five(25) square feet in area.
2. The sign shall not exceed fifteen(15)feet in height.
3. No portion of the sign shall have flashing lights, intermittent illumination,
nor shall it revolve nor rotate in any manner, except as allowed below:
(a) Detached electronic reader board signs shall be permitted.
(b) The message copy may change no more than once every five (5)
minutes.
(c) Message copy shall not include any flashing, flowing, alternating
or blinking lights or animation.
(d) Message copy shall be one(1)color.
(e) As measured at the property line,the maximum light emanation
from a sign shall be no greater than .2 footcandles.
4. The sign shall not be located in any required yard.
5. The sign shall meet the wind load requirements of the building code.
6. The sign shall be placed in a landscaped setting of not less than 120 square
feet.
C. One(1)detached owner-identification sign,and one(1)additional detached sign
for each thoroughfare more than one (1)that abuts the property, shall be permitted
per establishment, located in the GC-MD, GC-MD-2, CM, LI and HI districts
subject to the following conditions and restrictions:
1. The sign shall not be greater than twenty(20)feet in height-the
maximum height being measured from the point established by a
perpendicular line connecting the crown of the roadway immediately
abutting the property on which the sign is to be installed with the sign's
nearest vertical support to the property line.
2. The sign shall not exceed sixty(60) square feet in area.
3. All parts of the sign shall be set back at least ten(10)feet from any
property line or street right-of-way. Where a structure existing at the
effective date of this section precludes locating a sign in compliance with
the setback regulations, the Board of Adjustment shall be authorized to
grant a variance to the setback requirement.
4. The sign shall be placed in a landscaped setting of not less than 120 square
feet.
5. The sign shall not revolve or rotate in any manner nor shall it have
flashing lights or any type of intermittent illumination, except as allowed
below:
(a) Detached electronic reader board signs shall be permitted.
(b) The message copy may change no more than once every five (5)
minutes.
(c) Message copy shall not include any flashing,flowing, alternating
or blinking lights or animation.
(d) Message copy shall be limited to one (1) color.
(e) As measured at the property line,the maximum light emanation
from a sign shall be no greater than .2 footcandles.
MAJOR/DOWLEN/GLADYS/HWY. 105 SIGN OVERLAY DISTRICT-
Sec. 30.23.1 (b)Definitions:
8. SIGN, ELECTRONIC READER BOARD shall mean a sign or portion thereof
that uses changing lights to form a sign message or messages in text form wherein
the sequence of messages and the rate of change is electronically programmed and
can be modified by electronic processes. A sign on which the only copy that
changes is an electronic or mechanical indication of time or temperature shall be
considered a"time/temperature"portion of a sign and not a commercial message
or an electronic reader board sign for purposes of this Chapter.
Sec. 30-23.1 (f)4. Signs in Residential-MD Districts:
b. One(1)detached owner-identification monument sign shall be permitted for a
multiple family development,non-residential or institutional building for each
abutting street, subject to the following conditions and restrictions:
1. The sign shall not exceed fifty(50) square feet in area.
2. The sign shall not exceed six(6) feet in height.
3. The sign shall not have any flashing lights, any type of intermittent
illumination or revolve in any manner, except as allowed below:
(a) Detached electronic reader board signs shall be permitted.
(b) The message copy may change no more than once every five (5)
minutes.
(c) Message copy shall not include any flashing, flowing, alternating
or blinking lights or animation.
(d) Message copy shall be limited to one(1)color.
(e) As measured at the property line,the maximum light emanation
from a sign shall be no greater than .2 footcandles.
(f) Electronic reader board signs shall not be permitted in a historic
district.
4. All parts of the sign may be located at the property line.
5. The sign shall meet the wind load requirements of the Building Code.
6. The sign shall be placed in a landscaped setting of not less than 120 square
feet.
Sec. 30-23.1 (f) 5. Signs in Commercial and Industrial-MD Districts: Detached signs
shall not be permitted in Major/Dowlen/Gladys/Hwy. 105 Overlay commercial and
industrial districts except as specifically authorized in this section.
a. Single tenant business establishment-
1. Developments with less than eighty thousand(80,000) sq. ft. in gross
building area shall be permitted one (1)detached owner identification
monument sign per street frontage that abuts the property.
Developments with eighty thousand(80,000) sq. ft. of gross building area
or greater or developments with six hundred(600') feet or more of street
frontage shall be permitted two(2)detached owner identification signs per
street frontage that abuts the property.
2. These signs shall be permitted subject to the following conditions and
restrictions:
(a) The sign shall not be greater than six(6)feet in height-the
maximum height being measured from twenty-four(24) inches
above the curb height adjacent to the property.
(b) The sign shall not exceed seventy(70) sq. ft. in area with the sign
facing not to exceed sixty(60) square feet.
(c) All parts of the sign may be located at the street right-of-way and
shall be located a minimum of ten(10) feet from any property line.
(d) The sign shall not revolve or rotate in any manner nor shall it have
flashing lights or any type of intermittent illumination, except as
allowed below:
(i) Detached electronic reader board signs shall be permitted.
(ii) The message copy may change no more than once every
five(5)minutes.
(iii) Message copy shall not include any flashing, flowing,
alternating or blinking lights or animation.
(iv) Message copy shall be limited to one(1) color.
(v) As measured at the property line,the maximum light
emanation from a sign shall be no greater than .2
footcandles.
(e) The sign shall meet the wind load requirements of the Building
Code.
(f) The sign shall be placed in a landscaped setting of not less than one
hundred-twenty(120) square feet.
b. Multi-tenant business development
1. Developments with less than eighty thousand(80,000) sq. ft. in
gross building area shall be permitted one detached owner
identification monument sign for each street frontage that abuts the
property.
Developments with eighty thousand(80,000) sq. ft. of gross
building area or greater or developments with six hundred(600')
feet or more of street frontage shall be permitted two (2)detached
owner identification signs per street frontage that abuts the
property.
These signs shall be permitted subject to the following conditions
and restrictions:
(a) The sign shall not be greater than twenty(20) feet in height
-the maximum height being measured from twenty-four
(24) inches above the curb adjacent to the property.
(b) The sign shall not exceed two hundred-forty(240) square
feet in area with the sign facing not exceed two hundred
(200) square feet.
(c) All parts of the sign may be located at the street right-of-
way and must be located a minimum of ten(10)feet from
any other property line.
(d) The sign shall not revolve or rotate in any manner nor shall
it have flashing lights or any type of intermittent
illumination, except as allowed below:
(i) Detached electronic reader board signs shall be
permitted.
(ii) No more than sixty(60) sq. ft. or fifty(50)percent
of the maximum sign area,whichever is less shall
be dedicated to electric changeable copy.
(iii) The message copy may change no more than once
every five(5)minutes.
(iv) Message copy shall not include any flashing,
flowing alternating or blinking lights or animation.
(v) Message copy shall be limited to one (1) color.
(vi) As measured at the property line,the maximum
light emanation from a sign shall be no greater than
.2 footcandles.
(e) The sign shall meet the wind load requirements of the
Building Code.
(f) The sign shall be placed in a landscaped setting of not less
than one hundred-twenty(120) square feet.
C. Gasoline retailers owner identification/pricing board signs-one detached
owner-identification/pricing board sign for each street frontage that abuts
the property shall be permitted subject to the following conditions and
restrictions:
1. Dowlen Road, Hwy. 105 and Major Drive
(a) The sign shall not be greater than fifteen(15) feet in height
-the maximum height being measured from twenty-four
(24)inches above the curb height adjacent to the property.
(b) The sign shall not exceed one hundred(100) square feet in
area with the sign facing not to exceed eighty-five(85)
square feet.
(c) All parts of the sign may be located at the street right-of-
way and must be located a minimum of ten(10)feet from
any other property line.
(d) The sign shall not revolve or rotate in any manner nor shall
it have flashing lights or any type of intermittent
illumination,except as allowed below:
(i) Detached electronic reader board signs shall be
permitted.
(ii) No more than sixty(60) sq. ft. shall be dedicated to
electric changeable copy.
(iii) The message copy may change no more than once
every five (5)minutes.
(iv) Message copy shall not include any flashing,
flowing alternating or blinking lights or animation.
(v) Message copy is limited to one(1)color.
(vi) As measured at the property line,the maximum
light emanation from a sign shall be no greater than
.2 footcandles.
(e) The sign shall meet the wind load requirements of the
Building Code.
(f) The sign shall be placed in a landscaped setting of not less
than one hundred twenty(120) square feet.
2. All other streets in the MD Sign Overlay District
(a) The sign shall not be greater than six (6)feet in height-the
maximum height being measured from twenty-four(24)
inches above the curb height adjacent to the property.
(b) The sign shall not exceed seventy(70) sq. ft. in area with
the sign facing not to exceed sixty(60) square feet.
(c) All parts of the sign may be located at the street right-of-
way and shall be located a minimum of ten(10)feet from
any other property line.
(d) The sign shall not revolve or rotate in any manner nor shall
it have flashing lights or any type of intermittent
illumination, except as allowed below:
(i) Detached electronic reader board signs shall be
permitted.
(ii) The message copy may change no more than once
every five(5)minutes.
(iii) Message copy shall not include any flashing,
flowing alternating or blinking lights or animation.
(iv) Message copy shall be limited to one (1)color.
(v) As measured at the property line,the maximum
light emanation from a sign shall be no greater than
.2 footcandles.
(e) The sign shall meet the wind load requirements of the
Building Code.
(f) The sign shall be placed in a landscaped setting of not less
than one hundred-twenty(120) square feet.
GENERAL SIGN REGULATIONS
Sec. 30-28. Sign Regulations
a. Signs in Residential Districts: Signs shall not be permitted in residential
districts except as specifically authorized in this section.
1. One(1)detached owner-identification sign shall be permitted for a
multiple-family dwelling development, non-residential,or
institutional building on each abutting street, subject to the
following restrictions:
(a) The sign shall not exceed fifty(50) square feet in area;
(b) The sign shall not exceed fifteen(15)feet in height;
(c) The sign shall not have flashing lights, any type of
intermittent illumination or revolve in any manner, except
as allowed below:
(i) Detached electronic reader board signs shall be
permitted.
(ii) The message copy may change no more than once
every five(5)minutes.
(iii) Message copy shall not include any flashing,
flowing, alternating or blinking lights or animation.
(iv) Message copy shall be one(1) color.
(v) As measured at the property line,the maximum
light emanation from a sign shall be no greater than
.2 footcandles.
(vi) Electronic reader board signs shall not be permitted
in a historic district.
3. One(1)detached owner-identification sign shall be permitted for a
commercial use with a Specific Use Permit in the RCR,
Residential Conservation and Revitalization District, subject to the
following conditions and restrictions:
(a) The sign is included in the site plan approved in the
Specific Use Permit;
(b) The sign shall not exceed forty(40) square feet in
area;
(c) The sign does not exceed fifteen(15) feet in height;
(d) The sign shall not have any flashing lights,
intermittent illumination,or revolve or rotate in any
manner, except as allowed below:
(i) Detached electronic reader board signs shall
be permitted if approved as part of the
Specific Use Permit.
(ii) The message copy may change no more than
once every five (5)minutes.
(iii) Message copy shall not include any flashing,
flowing, alternating or blinking lights or
animation.
(iv) Message copy shall be one(1)color.
(v) As measured at the property line,the
maximum light emanation from a sign shall
be no greater than .2 footcandles.
(vi) Electronic reader board signs shall not be
permitted in a historic district.
(c) Owner-Identification Signs in Commercial and Industrial Districts: Signs
shall not be permitted in commercial or industrial districts except as
specifically authorized in this section.
1. One(1)detached owner-identification sign, and one(1)additional
detached sign for each thoroughfare more than one (1)that abuts
the property, shall be permitted in the NC,Neighborhood
Commercial, and the OP, Office Park District, subject to the
following conditions and restrictions:
a. The sign shall not exceed forty(40) square feet in area;
b. The sign shall not exceed fifteen(15) feet in height;
C. The sign shall not have any flashing lights, intermittent
illumination or revolve or rotate in any manner, except as
allowed below:
a. Detached electronic reader board signs shall be
permitted.
b. The message copy may change no more than once
every five (5)minutes.
C. Message copy shall not include any flashing,
flowing, alternating or blinking lights or animation.
d. Message copy shall be limited to one(1) color.
e. As measured at the property line,the maximum
light emanation from a sign shall be no greater than
.2 footcandles.
d. The sign shall not be located in any required yard.
e. The sign shall meet the wind load requirements in the
Building Code.
(c) 3.4. Detached electronic reader board signs shall be permitted in the
GC-MD, GC-MD-2, CBD, C-M,LI, HI and PD Districts subject to
the following conditions:
(a) The message copy may change no more than once every
five(5)minutes.
(b) Message copy shall not include any flashing, flowing,
alternating or blinking lights or animation.
(c) Message copy shall be limited to one (1)color.
(d) As measured at the property line,the maximum light
emanation from a sign shall be no greater than .2
footcandles.
(d) No more than sixty(60) sq. ft. or fifty(50)percent of the
maximum sign area,whichever is less shall be dedicated to
electric changeable copy.
(f) Prohibited Signs:No sign shall be attached or applied to trees, utility poles
or trash receptacles or located within any public right-of-way. Signs with
flashing lights or intermittent illumination shall be prohibited, except those
signs that cannot be seen from the public right-of-way or as allowed under,
Sec. 30-23(f)3, Sec. 30-23(f)4, Sec. 30-23.1(f)4, Sec. 30-23.1(f)5, Sec. 30-
28(a)l, Sec. 30-28(a)3 and Sec 30-28(c)5. Signs shall not revolve or
rotate. No sign shall resemble an official sign or marker erected by a
governmental agency. No sign shall be placed on any property in such a
manner to obstruct the view from the left or right of a vehicle from other
traffic on the public right-of-way when lawfully entering the roadway.
The City Transportation Manager shall have the right to order the removal
of such signs by the property owner or by city crews, subject to a 10 day
right of appeal by the owner to the Board of Adjustment,prior to removal.
2
March 4,2008
Consider authorizing the City Manager to execute a Flood Mitigation Assistance Grant with the
Texas Water Development Board for the Fannin Street Drainage Project
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: March 4, 2008
REQUESTED ACTION: Council authorize the City Manager to execute a Flood
Mitigation Assistance Grant with the Texas Water
Development Board for the Fannin Street Drainage Project.
RECOMMENDATION
Administration recommends Council authorize the City Manager to execute a Flood Mitigation
Assistance Grant with the Texas Water Development Board for the Fannin Street Drainage Project.
BACKGROUND
The City submitted a Flood Mitigation Assistance Grant application in January 2007, to the Texas
Water Development Board(TWDB)for the Fannin Street Drainage Project.The TWDB administers
the Flood Mitigation Assistance Program for the Federal Emergency Management Administration.
The Fannin Street Drainage system serves a 390 acre area located generally east of Interstate 10,
south of the Southern Pacific Railroad tracks, west of 4' Street and north of College Street. There
are 200 at-risk structures, including a number of insured and repetitive loss properties, that will be
protected with this project.
Proposed improvements in this $3,923,712.50 project include the construction of a concrete lined
open ditch from Interstate 10 to approximately 200 feet west of 11 h Street and then an underground
system from this point to 4' Street. The open channel section will be located in a Drainage District
No. 6 easement which lays just north of the Gateway Shopping Center. The Flood Mitigation Grant
will fund $2,942,784.27 or seventy-five (75) percent of the total project cost. The City will be
responsible for the twenty-five (25)percent match of$980,928.23.
BUDGETARY IMPACT
Funds are available in the Capital Program for the local match of$980,928.23.
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 a Flood Mitigation
Assistance Grant in the amount of $2,942,784.27 with the Texas Water Development
Board for the Fannin Street Drainage Project.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of
March, 2008.
- Mayor Becky Ames -
3
March 4,2008
Consider approving the purchase of Fleet vehicles through the H-GAC Purchasing Program
I
City Council Agenda Item
A OL
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer Dr__
MEETING DATE: March 4, 2008
REQUESTED ACTION: Council consider the purchase of Fleet vehicles through the H-
GAC Purchasing Program.
RECOMMENDATION
Administration recommends the purchase of vehicles through the Houston-Galveston Area
Council (H-GAC)Purchasing Program in the amount of$747,686.
BACKGROUND
H-GAC is a cooperative purchasing association providing cities and political subdivisions with the
means to purchase specialized equipment at volume pricing. H-GAC complies with the State of
Texas procurement statutes. There are no H-GAC administrative fees charged to the City of
Beaumont for these purchases.
Thirty-one(3 1)vehicles, budgeted in Fiscal Year 2008, are available through the H-GAC
Cooperative Purchasing Contract. Included in this year's budget are funds for eight(8)mid-size
sedans, two (2) sport utility vehicles, twenty(20) pickup trucks, and one (1) diesel powered truck
cab and chassis with ambulance service packages. The vehicles are described further on the
attached Distribution of Fleet Purchases chart.
Replacement vehicles and additions to the fleet are requested through the City's budget process.
The Fleet Superintendent reviews the requests and evaluates the equipment to be replaced. Based
on this evaluation, a recommendation is made to replace worn and obsolete vehicles that are no
longer cost effective to operate. All of the vehicles to be purchased are replacement vehicles.
The units will replace year models ranging from 1989 to 2003. These older vehicles will be
disposed of according to the City's surplus property disposal policies.
Purchase of Vehicles
March 4, 2008
Page 2
Warranties of 36,000 miles or three(3)years are provided for each new vehicle. The powertrain
warranty is for five(5)years or 60,000 miles and the diesel engines have a five(5)year or
100,000 mile warranty. The warranty service is provided by local authorized dealerships.
BUDGETARY IMPACT
Funds are budgeted as follows:
Capital Reserve Fund $490,293
Water Utilities Fund 257,393
TOTAL: $747,686
DISTRIBUTION OF FLEET PURCHASES
N .. ,
Public Building Services Ford F250 Cab& Chassis 1 $32,581
Works
Building Services Ford F250 Cab& Chassis 1 $29,936
Transportation Ford F250 Cab& Chassis 1 $29,125
Transportation Ford Explorer 1 $21,879
Transportation Ford F250 Cab& Chassis 1 $29,066
Streets& Ford F150 Super Cab 1 $17,610
Drainage
Engineering Ford F150 Super Cab 2 $35,220
TOTAL-PUBLIC WORKS DEPT. $195,417
CID Ford Fusion 4 $73,643
TOTAL-POLICE DEPT. $73,643
Purchase of Vehicles
March 4, 2008
Page 3
DISTRIBUTION OF FLEET PURCHASES (continued)
Fire Suppression Ford Crown Victoria 2 $43,212
TOTAL-FIRE DEPT. $43,212
Parks/Rec. Property Maint. Ford F350 Reg. Cab 1 Ton 1 $34,038
Property Maint. Ford F150 Super Cab 1 $17,610
Property Maint. Ford F350 Crew Cab 1 $28,343
TOTAL- PARKS & RECREATION $79,991
Public Environmental Ford F250 Cab& Chassis 2 $48,062
Health Health
EMS Ford F350 2 $49,968
TOTAL-PUBLIC HEALTH $98,030
Water Water Customer Ford Fusion Sedan 2 $36,821
Utilities Service
Sewer Maint. Ford Explorer 1 $21,879
Ford F250 Cab& Chassis 1 $29,066
Sewer Maint. Ford F250 with Brush Guard 2 $55,981
Water Distr. Ford F250 with Brush Guard 1 $27,991
Water Ford F250 X-Cab 3 $85,655
Reclamation
TOTAL-WATER UTILITIES $257,393
I
Purchase of Vehicles
March 4, 2008
Page 4
DISTRIBUTION OF FLEET PURCHASES (continued)
TOTAL PUBLIC WORKS DEPARTMENT $195,417
TOTAL POLICE DEPARTMENT 73,643
TOTAL FIRE DEPARTMENT 43,212
TOTAL PARKS& RECREATION DEPARTMENT 79,991
TOTAL PUBLIC HEALTH DEPARTMENT 98,030
TOTAL WATER UTILITIES DEPARTMENT 257,393
TOTAL COST: 1 $747,686
4
March 4, 2008
Consider approving the purchase of Fleet vehicles through the BuyBoard Cooperative Purchasing
Program
City Council Agenda Item
M c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer)
MEETING DATE: March 4, 2008
REQUESTED ACTION: Council consider the purchase of Fleet vehicles through the
BuyBoard Cooperative Purchasing Program.
RECOMMENDATION
Administration recommends the purchase of vehicles through the BuyBoard contract in the
amount of$449,469. This total price includes a$400 administrative fee.
BACKGROUND
This purchase will be made through the Texas Association of School Boards (TASB)BuyBoard
cooperative purchasing program. The Texas Local Government Purchasing Cooperative,
administered by TASB, complies with all State bidding statues. Membership with BuyBoard
allows municipalities to purchase items from their contracted vendors.
Eight (8)vehicles, budgeted in Fiscal Year 2008, are available through the BuyBoard contract.
Included in this year's budget are funds for four(4) dump trucks, two(2)utility bucket trucks,
and two (2) pickup trucks. The vehicles are described further on the attached Distribution of
Fleet Purchases chart.
Replacement vehicles and additions to the fleet are requested through the City's budget process.
The Fleet Superintendent reviews the requests and evaluates the equipment to be replaced. Based
on this evaluation, a recommendation is made to replace worn and obsolete vehicles that are no
longer cost effective to operate. All of the vehicles to be purchased are replacement vehicles.
The units will replace year models ranging from 1989 to 2003. These older vehicles will be
disposed of according to the City's surplus property disposal policies.
Purchase of Vehicles
March 4, 2008
Page 2
Warranties of 36,000 miles or three(3)years are provided for each new vehicle. The powertrain
warranty is for five(5)years or 60,000 miles and the diesel engines have a five(5)year or
100,000 mile warranty. The warranty service is provided by local authorized dealerships.
BUDGETARY R PACT
Funds are budgeted as follows:
Capital Reserve Fund $386,953
Water Utilities Fund 62,516
TOTAL: $449,469
DISTRIBUTION OF FLEET PURCHASES
Oioiiil
Public Building Services Ford F750 2-'/2 Ton Truck with 1 $69,621
Works Dump Bed
Building Services Ford F550 Utility Bucket Truck 1 $71,855
Transportation Ford F550 Utility Bucket Truck 1 $71,071
Streets& Ford F450 Crew Cab Dump Truck 1 $40,065
Drainage 2 - 4 Yard
Streets& Ford F450 Crew Cab Dump Truck 1 $40,065
Drainage 4 Yard
TOTAL-PUBLIC WORKS DEPT. $292,677
Technology Communications Ford F450 1 $34,455
Services
TOTAL-TECHNOLOGY SERVICES ��4,455
Purchase of Vehicles
March 4, 2008
Page 3
DISTRIBUTION OF FLEET PURCHASES (continued)
Parks/Rec. Property Maint. Ford F750 4-'/2 Ton Dump Truck 1 $59,821
TOTAL- PARKS & RECREATION $59,821
Water Sewer Maint. Ford F750 Crew Cab 2 Ton 1 $62,516
Utilities
TOTAL-WATER UTILITIES =$62,516
TOTAL CAPITAL RESERVE FUND $386,953
TOTAL WATER FUND $62,516
TOTAL COST $449,469
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of Fleet vehicles through the
BuyBoard Cooperative Purchasing Program contract in the amount of$449,469 as shown
below:
DISTRIBUTION OF FLEET PURCHASES
�..
Public Building Services Ford F750 2-'/ Ton Truck with 1 $69,621
Works Dump Bed
Building Services Ford F550 Utility Bucket Truck 1 $71,855
Transportation Ford F550 Utility Bucket Truck 1 $71,071
Streets & Ford F450 Crew Cab Dump Truck 1 $40,065
Drainage 2 -4 Yard
Streets & Ford F450 Crew Cab Dump Truck 1 $40,065
Drainage 4 Yard
TOTAL - PUBLIC WORKS DEPT. $292,677
Technology Communications Ford F450 1 $34,455
Services
TOTAL-TECHNOLOGY SERVICES $34,455
Parks/Rec. Property Maint. Ford F750 4-'h Ton Dump Truck 1 $59,821
TOTAL - PARKS & RECREATION $59,821
Water Sewer Maint. Ford F750 Crew Cab 2 Ton 1 $62,516
Utilities
TOTAL -WATER UTILITIES $62,516
TOTAL CAPITAL RESERVE FUND $386,953
TOTAL WATER FUND $62,516
TOTAL COST 1 $449,469
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of
March, 2008.
- Mayor Becky Ames -
5
March 4,2008
Consider approving the purchase of a new fire truck
VIORAW
City Council Agenda Item
MEN c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officerp
MEETING DATE: March 4, 2008
REQUESTED ACTION: Council consider the purchase of a Pierce pumper truck.
RECOMMENDATION
Administration recommends the purchase of one (1) 1,500 gallon per minute Pierce pumper truck
for the Fire Department from Martin Apparatus, Inc. through the Houston-Galveston Area
Council (H-GAC) in the amount of$472,707.00.
BACKGROUND
H-GAC is a cooperative purchasing association providing cities and political subdivisions with the
means to purchase specialized equipment at volume pricing. H-GAC complies with the State of
Texas procurement statutes. The price of the truck includes an H-GAC administrative fee of
$2,000.
The truck specified includes a 1,500 gallon per minute pump for pumping water and foam, a 750
gallon water tank, a fifty(50)gallon foam tank, and an injected foam system. The Pierce pumper
truck is equipped with an Allison transmission and Detroit Diesel engine. This truck will replace
unit 7027, a 1980 American LaFrance pumper, and will be placed into service at Fire Station No.
7, located at 1710 McFaddin. Unit 7027 will be placed in the reserve fleet.
Delivery time for the new truck will be approximately eight (8) to nine (9) months. The various
components are warrantied for specified time periods which are as follows:
• Detroit Diesel engine& Allison transmission 5 years or 100,000 miles
• Pierce water tank Lifetime
• Pierce cab and body corrosion 10 years or 100,000 miles
Purchase of Fire Truck
March 4, 2008
Page 2
Stewart and Stevenson, Inc. of Houston is the authorized distributor that will provide warranty
service for the Detroit Diesel engine and Allison transmission. Warranty service for the Pierce
water tank, cab, and body will be provided by Martin Apparatus, Inc. of Houston.
BUDGETARY IMPACT
Funds are budgeted 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) 1,500 gallon per minute
Pierce pumper truck for the Fire Department from Martin Apparatus, Inc. through the
Houston-Galveston Area Council (H-GAC) in the amount of $472,707.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of
March, 2008.
- Mayor Becky Ames -
6
March 4,2008
Consider approving a contract for exterior repairs to the Art Museum of Southeast Texas
IU713 City Council Agenda Item
7W]
� c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: March 4, 2008
REQUESTED ACTION: Council consider a contract for exterior repairs to the Art
Museum of Southeast Texas.
RECOMMENDATION
Administration recommends that a bid be awarded to Basco Construction Inc. of Nederland in the
amount of$146,185 for furnishing all labor, materials, equipment and supplies to repair the
exterior of the Art Museum of Southeast Texas.
BACKGROUND
Eight (8)bids were received on Thursday, February 14, 2008 for furnishing all labor, materials,
equipment and supplies to repair the exterior of the Art Museum of Southeast Texas. Portions
of the facade became disengaged from the building during the winds and subsequent rains caused
by Hurricane Humberto. Although the damage was minor, it was discovered that the walls behind
the facade were deteriorated from water infiltration. Since the damage was hidden, it is believed
that the initial damage may have occurred during Hurricane Rita.
The damage was evaluated and the proposed repairs were designed by LaBiche Architectural
Group, Inc. of Beaumont.
Eight (8) contractors submitted bids for this project and they are as follow:
Contractor Location Price
Basco Construction Inc. Nederland,TX $146,185
Goss Building, Inc. Beaumont,TX $165,834
Bruce's General Construction, Inc. Beaumont, TX $172,500
Art Museum Repairs
March 4, 2008
Page 2
N&T Construction Co.,Inc. Beaumont,TX $175,580
McInnis Construction Silsbee, TX $186,000
Lange Brothers,Inc. Port Arthur,TX $205,320
SeTEX Construction Corp. Beaumont,TX $207,800
Brammer Construction,Inc. Nederland,TX $214,205
The low bid submitted by Basco Construction in the amount of$146,185 meets all specifications
and qualification criteria. Basco was contacted concerning HUB or MBE participation. Basco
is subcontracting stone work to a minority owned company in Houston. The subcontractor is
neither a state certified HUB nor a city certified MBE vendor.
Work will be completed in approximately ninety-eight(98) days. Labiche Architectural Group
will monitor all of the construction work.
BUDGETARY IMPACT
Funds are available in the Capital Reserve Fund. Since the cause of the damage cannot be directly
attributed to either storm and the actual damage caused by Hurricane Humberto did not meet the
current deductible, a claim was not filed with the City's insurance carrier.
RESOLUTION NO.
WHEREAS, bids were solicited to furnish all labor, materials, equipment and
supplies to repair the exterior of the Art Museum of Southeast Texas; and,
WHEREAS, Basco Construction, Inc., Nederland, Texas, submitted a bid in the
amount of $146,185; and,
WHEREAS, City Council is of the opinion that the bid submitted by Basco
Construction, Inc., Nederland, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid in the amount of$146,185 submitted by Basco Construction, Inc., Nederland,
Texas, to furnish all labor, materials, equipment and supplies to repair the exterior of the
Art Museum of Southeast Texas be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of
March, 2008.
- Mayor Becky Ames -
7
March 4,2008
Consider authorizing the City Manager to sign documents amending the contract with the South
East Texas Regional Planning Commission relating to CDBG Disaster Relief Funding
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: March 4, 2008
REQUESTED ACTION: City Council authorize the City Manager to sign documents
amending the contract with the South East Texas Regional
Planning Commission relating to CDBG Disaster Relief
Funding.
RECOMMENDATION
The Administration recommends City Council approval.
BACKGROUND
On October 31, 2006, the Beaumont City Council authorized entering into an agreement with the
South East Texas Regional Planning Commission to administer federal Disaster Recovery funds
from the Texas Department of Housing& Community Affairs("TDHCA")in the amount of Five
Million One Hundred Forty-Five Thousand Dollars($5,145,000)that would be used for
Emergency Repairs($2,745,000), Owner-Occupied Rehabilitation($1,155,000), Single Family
Rental($1,000,000), and for Administrative Costs ($245,000).
The first amendment proposed, initiated by the South East Texas Regional Planning Commission,
ensures that the language of our contract is consistent with the service categories for the Disaster
Recovery Program.
The second amendment relates to different funding categories for Beaumont which now includes
Owner Occupied Rehabilitation($2,400,000), Reconstruction($2,500,000)and Administrative
Costs($245,000). The total amount of funding will remain the same.
BUDGETARY IMPACT
Funding will be provided from CDBG Disaster Relief Funds.
RESOLUTION NO.
WHEREAS, on October 31, 2006, City Council approved Resolution No. 06-338,
authorizing the City Manager to execute a contract with the Southeast Texas Regional
Planning Commission to provide for the administration of disaster recovery funds by the
Housing & Community Development Department; and,
WHEREAS, Texas Department of Housing &Comunity Affairs (TDHCA) has made
amendments to the program to establish the service categories for the Disaster Recovery
Program and once the categories were established a second amendment abandoned the
Emergency category; and,
WHEREAS, these amendments need to be executed by the City;
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 the documents
amending the TDHCA Disaster Recovery program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of
March, 2008.
- Mayor Becky Ames -
r
January 30, 2008
PRESIDENT
DELORIS"BOBBIE"PRINCE
Mayor Mr. Kyle Hayes,City of Beaumont City Manager
City of Port Arthur
1st VICE-PRESIDENT 801 Main, Suite 300
SUZANNE SIMMONS Beaumont,Texas 77701
Mayor Pro Tern
City of Sour Lake
2nd VICE-PRESIDENT RE: Amendment#1 for CDBG Contract#C 06 0003
SHIRLEY BONNIN
Mayor Pro Tem es:Dear Mr. Ha
City of West Orange y
3rd VICE-PRESIDENT
EVERETTE"BO"ALFRED Enclosed you will find two original copies for amendment#1 for the above referenced
rCommissioner County contract.contract. Please sign both originals and return to the:South East Texas Regional
TREASURER Planning Commission,2210 Eastex Freeway, Beaumont,Texas 77703,Attn: Mike Foster.
KEN PELT A CO Of y County Commissioner copy the full executed Amendment will be sent to you at a later date.
Hardin County
SECRETARY The South East Texas Regional Planning Commission appreciates your participation in
JAMES STRINGER
County Commissioner the Community Development Block Grant Disaster Recovery Program. If you have any
Orange County
questions, please contact me at(409)899-8444 ext 256.
LEGAL COUNSEL
MELODY CHAPPELL
Wells,Peyton,Greenberg, Sincerely,
&Hunt LLP
C-
C. Michael Foster
Community Development Director
Enclosures(First Amendment)
EXECUTIVE DIRECTOR
SHAUN DAVIS
2210 Eastex Freeway
Beaumont,Texas 77703-4929
Telephone(409)899-8444
FAX(409)347-0138
setrpc@setrpc.org
http://www.setrpc.org
SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION
COMMUNITY DEVELOPMENT PROGRAM CONTRACT#C060003
HURRICANE RITA FUNDING UNDER
DEPARTMENT OF DEFENSE APPROPRIATIONS ACT,2006
FIRST AMENDMENT
STATE OF TEXAS
COUNTY OF JEFFERSON
Section 1
The SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION (Contractor)and the CITY OF BEAUMONT
(Subcontractor),do hereby contract and agree to amend the original contract by and between the
parties,effective October 31, 2006,and identified on Contractor's records as CDBG Contract#C060003
(Contract).
Section 2
The parties hereto agree to amend the contract identified in Section 1 above so that Exhibit A.
Performance Statement. is replaced in its entirety with the new Exhibit A Performance Statement
attached to this First Amendment, hereinafter referred to as Exhibit A,and hereby made a part of this
First Amendment. New Exhibit A consists of two (2) pages.
Section 3
The parties hereto agree to amend the contract identified in Section 2 above so that Exhibit B.Budget
is replaced in its entirety with the new Exhibit B Budget attached to this First Amendment, hereinafter
referred to as Exhibit B,and hereby made a part of this First Amendment. New Exhibit B consists of one
(1) page.
Section 4
The parties hereto agree that all other terms of the Contract shall remain in effect as therein set forth
and shall continue to govern except to the extent that said terms conflict with the terms of this First
Amendment. In the event any conflict in terms exists,this First Amendment shall control, unless it
cannot be read consistently with the entirety of the contract or is made void by operation of law. Each
capitalized term not expressly defined herein shall have the meaning given to such term in the Contract.
Section 5
This First Amendment shall be effective on the date of execution.
Section 6
By signing this First Amendment the parties expressly understand and agree that its terms shall become
a part of the Contract as if they were set forth word for word therein. This First Amendment shall be
binding upon the parties hereto and their respective successors and assigns.
AGREED TO AND EXECUTED BY:
SOUTH EAST TEXAS REGIONAL
PLANNING COMMISSION
By:
Name: Shaun P. Davis
Title: Executive Director
Date:
CITY OF BEAUMONT
By:
Name: Kyle Haves
Title: City Manager
Date:
EXHIBIT A
CONTRACT NO. C 06 0003
PERFORMANCE STATEMENT
SOUTHEAST TEXAS REGIONAL PLANNING COMMISSION
The Contractor shall carry out the following activities in the target area identified in its 2006 CDBG Disaster
Relief application. The persons to benefit from the activities described in this Performance Statement must
be receiving service or a benefit from the use of the new or improved facilities and activities for the contract
obligations to be fulfilled. The Contractor shall ensure that the amount of funds expended for each activity
described does not exceed the amount specified for such activity in Exhibit B, Budget.
Project Description
The Contractor will provide emergency repairs not to exceed ten million nine hundred eighty-five thousand
and no/100 ($10,985,000.00), housing rehabilitation not to exceed five million seven hundred ninety
thousand five hundred and no/100 ($5,790,500.00), single family rental rehabilitation not to exceed one
million and no/100 ($1,000,000.00), demolition activities not to exceed one million six hundred fifteen
thousand seven hundred fifty and no/100 ($1,615,750.00), and reconstruction not to exceed three million
nine hundred eighteen thousand seven hundred fifty and no/100 ($3,918,750.00) in the Hurricane Rita
affected counties of Hardin, Jefferson, Orange, and in the cities of Port Arthur and Beaumont. These
activities shall benefit two thousand four hundred seventy-six (2,476) beneficiaries, of which one hundred
percent (100%) are of low to moderate income. All activities must be for unmet housing needs resulting
from Hurricane Rita. Non Hurricane Rita damage may only be addressed on structures or properties that
also have Rita-related storm damage.
Emergency Repairs
The Contractor will provide emergency repairs not to exceed twenty-five thousand and no/100 ($25,000.00)
per unit to assist a minimum of one thousand five hundred forty-nine (1,549) beneficiaries, of which one
hundred percent (100%) are of low to moderate income.
Emergency repairs are limited necessary repairs of an urgent nature required to alleviate immediate health
and safety conditions including, but not limited to weather-related conditions; water leaks; unsafe plumbing
conditions or hazards; and unsafe electrical conditions or hazards that occurred as a result of damage
caused by Hurricane Rita.
Any existing hazardous condition that threatens the health and safety of the household must be corrected
and the emergency repairs must comply with existing local health and safety codes.
Owner-Occupied Housing Rehabilitation
The Contractor will provide owner-occupied housing rehabilitation not to exceed sixty-five thousand and
no/100 ($65,000.00) per unit to assist a minimum of two hundred seventy-four (274) beneficiaries, of which
one hundred percent (100%) are of low to moderate income.
Rehabilitation includes non-emergency repairs or renovations of a limited specified area or portion of a
housing structure. The rehabilitated portion must comply with local building codes and standards upon
completion.
CDBG-Rita Contract#C06 0003
Page 1 of 2
Single Family Rental Rehabilitation
The Contractor will provide single family rental housing rehabilitation not to exceed twenty-three thousand
and no/100 ($23,000.00) per unit to assist a minimum of one hundred forty (140) beneficiaries, of which one
hundred percent (100%) are of low to moderate income.
Rehabilitation includes non-emergency repairs or renovations of a limited specified area or portion of a
housing structure. The rehabilitated portion must comply with local building codes and standards, and upon
completion, the entire structure must comply with housing quality standards (HQS) and local health and
safety codes.
Demolition
The Contractor will provide demolition activities not to exceed five thousand and no/100 ($5,000.00) per lot
for a minimum of three hundred twenty-seven (327) lots. The Contractor must use all available resources,
including Housing Authorities, Habitat for Humanity, Community Housing Development Organizations, and
other non profit organizations, to provide displaced persons with access to decent, safe, sanitary, and
affordable housing in the Contractor's service area during the contract term.
Demolition activities must address threats to public health and safety that may be caused by the presence
of disaster-damaged structures that are unsuitable for rehabilitation.
Housing Reconstruction
The Contractor will provide housing reconstruction not to exceed one hundred thirty-five thousand and
no/100 ($135,000.00) per unit to assist a minimum of seventy (70) beneficiaries, of which one hundred
percent (100%) are of low to moderate income.
The Contractor must ensure that all reconstructed housing units comply with the universal design features
in new construction, established by §2306.514, Texas Government Code, energy standards as verified by a
RESCHECK certification, and the International Residential Codes, as required by Subchapter G, Chapter
214, Local Government Code.
Administration
The Contractor may expend funds provided under this contract for reasonable administrative, planning, and
project delivery costs directly related to this contract in accordance with Sections 3, 4, and 5 of this contract
and the State of Texas Action Plan for CDBG Disaster Recovery Grantees under the Department of
Defense Appropriations Act, 2006 dated as of May 9, 2006 in an amount that is not more than three million
one hundred eighty-eight thousand five hundred thirty-six and No/100 Dollars ($3,188,536.00).
The Contractor shall draw funds in accordance with Section 26, Administrative Costs Drawdown, and must
ensure that the amount of the Department funds expended for all eligible project-related administration
activities, including the required annual program compliance and fiscal audit, does not exceed the amount
specified for administration in Exhibit B, Budget.
CDBG-Rita Contract#C06 0003
Page 2 of 2
EXHIBIT B
CONTRACT NO. C 06 0003
BUDGET
SOUTHEAST TEXAS REGIONAL PLANNING COMMISSION
SETRPC Port Arthur Beaumont Total
1 Emergency Repairs 17d $4,750,000 $3,490,000 $2,745,000 $10,985,000
2 Owner Occupied Rehabilitation 17 $4,075,500 $ 560,000 $1,155,000 $ 5,790,500
3 Reconstruction 17c $3,918,750 $0 $0 $ 3,918,750
4 Single Family Rental 17 $0 $0 $1,000,000 $ 1,000,000
5 Demolition 20 $ 365,750 $1,250,000 $0 $ 1,615,750
6 Planning/Project Delivery 31/33 $2,038,241 $ 265,000 $ 245,000 $ 2,548,241
7 General Administration 32a $ 640,295 $0 $0 $ 640,295
TOTAL $15,788,536 $5,565,000 $5,145,000 $26,498,536
Page 1 of 1
CDBG-Rita Contract#C06 0003
r
January 30, 2008
PRESIDENT
DELORIS"BOBBIE"PRINCE
Mayor Mr. Kyle Hayes,City of Beaumont City Manager
City of Port Arthur
1st VICE-PRESIDENT 801 Main,Suite 300
SUZANNE SIMMONS Beaumont,Texas 77701
Mayor Pro Tem
City of Sour Lake
2nd VICE-PRESIDENT RE: Amendment#2 for CDBG Contract#C 06 0003
SHIRLEY BONNIN
Mayor Pro Tern Dear Mr. Hayes:
City of West Orange
3rd VICE-PRESIDENT Enclosed you will find two original co les for amendment#2 for the above referenced
EVERETTE'BO'ALFRED y P
County Commissioner contract. Please sign both originals and return to the:South East Texas Regional
Jefferson county g g
TREASURER Planning Commission,2210 Eastex Freeway, Beaumont,Texas 77703,Attn: Mike Foster.
KEN PELT A copy of the fully executed Amendment will be sent to you at a later date.
County Commissioner
Hardin County
SECRETARY The South East Texas Regional Planning Commission appreciates your participation in
JAMES STRINGER the Community Development Block Grant Disaster Recovery Program. If you have any
County Commissioner
Orange County questions, please contact me at(409)899-8444 ext 256.
LEGAL COUNSEL
MELODY CHAPPELL Sincere)
Wells,Peyton,Greenberg, y,
&Hunt LLP
C �
C. Michael Foster
Community Development Director
Enclosures(Second Amendment)
EXECUTIVE DIRECTOR
SHAUN DAVIS
2210 Eastex Freeway
Beaumont,Texas 77703-4929
Telephone(409)899-8444
FAX(409)347-0138
sebpc@setrpc.org
http://www.setrpc.org
SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION
COMMUNITY DEVELOPMENT PROGRAM CONTRACT#C060003
HURRICANE RITA FUNDING UNDER
DEPARTMENT OF DEFENSE APPROPRIATIONS ACT,2006
SECOND AMENDMENT
STATE OF TEXAS
COUNTY OF JEFFERSON
Section 1
The SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION (Contractor)and CITY OF BEAUMONT
(Subcontractor),do hereby contract and agree to amend the original contract by and between the
parties,effective October 31, 2006,and identified on Contractor's records as CDBG Contract#C060003
(Contract).
Section 2
The parties hereto agree to amend the contract identified in Section 1 above so that Exhibit A.
Performance Statement, is replaced in its entirety with the new Exhibit A Performance.State ment
attached to this Second Amendment, hereinafter referred to as Exhibit A,and hereby made a part of this
Second Amendment. New Exhibit A consists of two (2) pages.
Section 3
The parties hereto agree to amend the contract identified in Section 2 above so that Exhibit B. Budget,
is replaced in its entirety with the new Exhibit B Budget attached to this Second Amendment,
hereinafter referred to as Exhibit B, and hereby made a part of this Second Amendment. New Exhibit B
consists of one (1) page.
Section 4
The parties hereto agree that all other terms and written modifications of the Contract shall remain in
effect as therein set forth and shall continue to govern except to the extent that said terms conflict with
the terms of this Second Amendment. In the event any conflict in terms exists,this Second Amendment
shall control, unless it cannot be read consistently with the entirety of the contract or is made void by
operation of law. Each capitalized term not expressly defined herein shall have the meaning given to
such term in the Contract.
Section 5
This Second Amendment shall be effective on the date of execution.
Section 6
By signing this Second Amendment the parties expressly understand and agree that its terms shall
become a part of the Contract as if they were set forth word for word therein. This Second Amendment
shall be binding upon the parties hereto and their respective successors and assigns.
AGREED TO AND EXECUTED BY:
SOUTH EAST TEXAS REGIONAL
PLANNING COMMISSION
By:
Name: Shaun P. Davis
Title: Executive Director
Date:
CITY OF BEAUMONT
By:
Name: Kyle Haves
Title: City Manager
Date:
EXHIBIT A
CONTRACT NO. C 06 0003
PERFORMANCE STATEMENT
SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION
The Contractor shall carry out the following activities in the target area identified in its 2006 CDBG Disaster
Relief application. The persons to benefit from the activities described in this Performance Statement must
be receiving service or a benefit from the use of the new or improved facilities and activities for the contract
obligations to be fulfilled. The Contractor shall ensure that the amount of funds expended for each activity
described does not exceed the amount specified for such activity in Exhibit B, Budget.
Proiect Description
The Contractor will provide housing rehabilitation not to exceed eight million five hundred thousand five
hundred and no/100 ($8,500,500.00), demolition activities not to exceed one million six hundred fifteen
thousand seven hundred fifty and no/100 ($1,615,750.00), and reconstruction not to exceed thirteen million
one hundred ninety-three thousand seven hundred fifty and no/100 ($13,193,750.00) in the Hurricane Rita
affected counties of Hardin, Jefferson, Orange, and in the cities of Port Arthur and Beaumont. These
activities shall benefit no less than six hundred thirty-seven (637) beneficiaries, of which one hundred
percent (100%) are of low to moderate income. All activities must be for unmet housing needs resulting
from Hurricane Rita. Non Hurricane Rita damage may only be addressed on structures or properties that
also have Rita-related storm damage.
Owner-Occupied Housing Rehabilitation
The Contractor will provide owner-occupied housing rehabilitation not to exceed sixty-five thousand and
no/100 ($65,000.00) per unit to assist a minimum of three hundred fifty-seven (357) beneficiaries, of which
one hundred percent (100%) are of low to moderate income.
Rehabilitation includes non-emergency repairs or renovations of a limited specified area or portion of a
housing structure. The rehabilitated portion must comply with local building codes and standards upon
completion.
Demolition
The Contractor will provide demolition activities not to exceed five thousand and no/100 ($5,000.00) per lot
for a minimum of three hundred twenty-seven (327) lots. The Contractor must use all available resources,
including Housing Authorities, Habitat for Humanity, Community Housing Development Organizations, and
other non profit organizations, to provide displaced persons with access to decent, safe, sanitary, and
affordable housing in the Contractor's service area during the contract term.
Demolition activities must address threats to public health and safety that may be caused by the presence
of disaster-damaged structures that are unsuitable for rehabilitation.
Housing Reconstruction
The Contractor will provide housing reconstruction not to exceed one hundred thirty-five thousand and
no/100 ($135,000.00) per unit to assist a minimum of two hundred eighty (280) beneficiaries, of which one
hundred percent (100%) are of low to moderate income.
The Contractor must ensure that all reconstructed housing units comply with the universal design features
in new construction, established by §2306.514, Texas Government Code, energy standards as verified by a
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CDBG-Rita Contract#C06 0003
RESCHECK certification, and the International Residential Codes, as required by Subchapter G, Chapter
214, Local Government Code.
Administration
The Contractor may expend funds provided under this contract for reasonable administrative, planning, and
project delivery costs directly related to this contract in accordance with Sections 3, 4, and 5 of this contract
and the State of Texas Action Plan for CDBG Disaster Recovery Grantees under the Department of
Defense Appropriations Act, 2006 dated as of May 9, 2006 in an amount that is not more than three million
one hundred eighty-eight thousand five hundred thirty-six and No/100 Dollars ($3,188,536.00).
The Contractor shall draw funds in accordance with Section 26, Administrative Costs Drawdown, and must
ensure that the amount of the Department funds expended for all eligible project-related administration
activities, including the required annual program compliance and fiscal audit, does not exceed the amount
specified for administration in Exhibit B, Budget.
CDBG-Rita Contract#C06 0003
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EXHIBIT B
CONTRACT NO. C 06 0003
BUDGET
SOUTHEAST TEXAS REGIONAL PLANNING COMMISSION
SETRPC Port Arthur Beaumont Total
1 Owner Occupied Rehabilitation 17 $4,075,500 $2,025,000 $2,400,000 $ 8,500,500
2 Reconstruction 17c $8,668,750 $2,025,000 $2,500,000 $ 13,193,750
3 Demolition 20 $ 365,750 $1,250,000 $0 $ 1,615,750
4 Planning/Project Delivery 31/33 $2,038,241 $ 265,000 $ 245,000 $ 2,548,241
5 General Administration 32a $ 640,295 $0 $0 $ 640,295
TOTAL $15,788,536 $5,565,000 $5,145,000 $26,498,536
CDBG-Rita Contract#C06 0003
Page 1 of 1
WORKSESSION
Review and discuss the
recruitment and hiring of
Police officers
WORKSESSION
Receive and discuss a
proposal to develop an
integrated Public Children' s
Library and Non- Profit
Children ' s Museum inside the
Main Public Library located
downtown at 801 Pearl Street
February 21, 2008
The City Manager of Beaumont
Attn: Mr. Kyle Hayes
801 Main Street
Beaumont, Texas 77701
RE: Proposal to partnership with the City of Beaumont in developing an integrated Public Children's
Library and Non-Profit Children's Museum
Dear Mr. Hayes:
Per our conversation with you and your staff on January 23, 2008, find herein a proposal from the Board
of the Beaumont Children's Museum to the City of Beaumont to enter into a partnership in developing an
integrated Public Children's Library and Non-Profit Children's Museum inside the Main Beaumont library
currently located at 801 Pearl Street, Beaumont, Texas 77701.
It is with great respect and after much work reviewing many other properties in the downtown Beaumont
Museum District that we ask to be scheduled on the agenda of the March 4, 2008 work session of the City
Council to present to the Council what other children's museums across the nation are doing and our
proposal for bringing one to Beaumont, "The Museum Capital of Texas". Our proposal is outlined below:
SUMMARY:
• Research started, 2002
• Incorporated in the State of Texas, March 2007
• Board began meeting, May 2007
o 20 board members
• Began search for facility in downtown Beaumont, May 2007
• Oil City Brass Company
• Goodwill Building
• Langham Property
• Gilbert Building
• Secured CPA and filed for 501(c)3 status, October 2007
o Roberta Applegate, CPA
• Applied for and were accepted as the next Junior League of Beaumont Signature Project, January 2008
• Contracted with a Children's Museum master planning consultant, February 2008
o Kraemer Design &Production, Inc.
• Grant search and writing process started, February 2008
• Formal discussion with City of Beaumont regarding partnership, February 2008
WHO:
The Board of Directors of the Beaumont Children's Museum in partnership with the Junior League of
Beaumont and Kraemer Design & Production, Inc. (kd-p.com) as our museum master planning consultant.
WHAT:
Facility and ground lease Agreement to be worked out similar to the Art Museum of Southeast Texas
WHEN:
If the BCM were to enter into this partnership, current estimates for closing off the upper level to build out
the exhibit space would begin in 3-4 yrs and take approximately 1 yr to open to public.
WHY:
All across the country libraries and museums are finding that the marriage of the two is reinvigorating the
interest in both. Where the museum provides the tangible, "hands on"for concepts and ideas, the library
would be right there to follow-through with additional resources to learn more and enhance the learning
experience. Even at the federal level services have been combined for libraries and museums in the
Institute for Museums and Libraries(www.imis.gov).
The downtown library is a perfect fit for public/ private collaboration in both its geographic location and its
structure. KD-P, our consultant, has reviewed the site with us to confirm that it would not only be possible,
it would be a phenomenal fit for public/private use. The ground level and lower level would be public
access or"free zones"and the upper level would be the exhibit area or"ticket zone".
The Beaumont Children's Museum
President, Board of Directors
Elizabeth Schreck
(409)651-8435 c
The Beaumont Children's Museum
Vice-President, Board of Directors
Amy Renick
(409)347-1686 h
The Junior League of Beaumont
Chair of Signature Project, The Beaumont Children's Museum
Shawn Hickman
(409) 782-9252 c