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HomeMy WebLinkAboutPACKET APR 21 2009 RICH WITH OPPORTUNITY r T - E - X - A • S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 21, 2009 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Appoint Jimmy Hamm and Terrence Holmes as City Magistrates B) Authorize part-time City Magistrate Terrence Holmes to represent persons charged with criminal activity by City of Beaumont employees C) Authorize part-time City Magistrate Jimmy Hamm to represent persons charged with criminal activity by City of Beaumont employees D) Authorize the creation of an ad hoc committee to explore the feasibility of various recycling efforts for the City of Beaumont E) Approve maintenance of the street, storm sewer, water and sanitary sewer improvements in Jehova Jireh Village, Phase I F) Authorize the City Manager to execute all documents necessary, specifically including a monitoring service agreement, in order to begin monitoring the Southeast Texas Auto Theft Task Force bait vehicle G) Authorize the City Manager to execute all documents necessary for the Southeast Texas Auto Theft Task Force to advertise on billboards owned by Lamar Advertising to raise public awareness regarding auto theft and auto burglaries H) Authorize the City Manager to apply for and receive funding through the Recovery Act: 2009 Edward Byrne Memorial Justice Assistance Grant program and to execute inter- local agreement with Jefferson County and area cities I) Authorize the City Manager to approve the Texas Department of Transportation Change Order No. 1 for the Willow Street Streetscape Project and acknowledge the potential increase/decrease in the City's contribution to the project A RICH WITH OPPORTUNITY 111c"A, ( T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager 1� PREPARED BY: Tyrone E. Cooper, City Attorne � MEETING DATE: April 21, 2009 REQUESTED ACTION: Consider a resolution appointing Jimmy Hamm and Terrence Holmes as City Magistrates. RECOMMENDATION Administration recommends the appointment of Jimmy Hamm and Terrence Holmes as City Magistrates of the Beaumont Municipal Court. BACKGROUND The City Council met in Executive Session on March 31 and April 7, 2009, and discussed the appointment of Municipal Magistrates to serve on an as-needed basis to assist the Chief Magistrate of the Municipal Court. The City Charter states, "There shall be one or more magistrates of said Municipal Court known as City Magistrates, one of whom shall be designated as Chief Magistrate . . . ." Chief Magistrate Craig Lively has indicated a need for assistance in the administration of the operation of the Municipal Court. As a result ,job notices were posted soliciting persons interested in serving in a part-time capacity on an as-needed basis in the Municipal Court. The compensation is set at $250 per session. BUDGETARYIMPACT There are sufficient funds in the General Fund to support the compensation of two (2) part-time City Magistrates. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Jimmy Hamm and Terrence Holmes be appointed as part-time City Magistrates of the City of Beaumont Municipal Court for a two(2)year term. Compensation shall be$250 per session. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21 st day of April, 2009. - Mayor Becky Ames - B RICH WITH OPPORTUNITY I'Lo . � T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorne�� MEETING DATE: April 21, 2009 REQUESTED ACTION: Consider a resolution authorizing part-time City Magistrate Terrence Holmes to represent persons charged with criminal activity by City of Beaumont employees RECOMMENDATION Administration recommends approval of a resolution authorizing part-time City Magistrate Terrence Holmes to represent persons charged with criminal activity by City of Beaumont employees. BACKGROUND The ethical rules of the State Bar prevent a City Magistrate from representing a person charged with a crime by the police department of the City over which he presides unless, after full disclosure, both the person and the City agree to the representation. This rule equally applies to other City employees filing charges for violations of various other City codes and regulations. BUDGETARYIMPACT There is no additional compensation contemplated with this designation. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, City Magistrate Terrence Holmes is a member of the State Bar of Texas and, under State Bar Ethics Rules, is prohibited from representing persons charged with a criminal offense by employees of the City of Beaumont unless the City rants consent for such representation;resentation; and P WHEREAS, the City desires to grant such consent subject to complete disclosure by City Magistrate Terrence Holmes concerning the nature of each such charge, the identity of the accused and the time and date of the event with the additional requirement that the client has also given appropriate consent; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT City Magistrate Terrence Holmes is hereby authorized as an attorney-at-law of the State of Texas to represent persons who are charged of criminal activity by employees of the City of Beaumont so long as City Magistrate Terrence Holmes makes complete disclosure concerning the nature of the event as directed by the City Attorney. The City Attorney is hereby authorized to revoke this consent on a case-by-case basis should a conflict appear concerning representation. In such instance, the City Attorney shall notify City Magistrate Terrence Holmes in writing of the existence of the conflict and City Magistrate Holmes will discontinue representation of such individual in a proper and orderly fashion. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of April, 2009. - Mayor Becky Ames c RICH WITH OPPORTUNITY I'Lo , � T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney�� MEETING DATE: April 21, 2009 REQUESTED ACTION: Consider a resolution authorizing part-time City Magistrate Jimmy Hamm to represent persons charged with criminal activity by City of Beaumont employees. RECOMMENDATION Administration recommends approval of a resolution authorizing part-time City Magistrate Jimmy Hamm to represent persons charged with criminal activity by City of Beaumont employees. BACKGROUND The ethical rules of the State Bar prevent a City Magistrate from representing a person charged with a crime by the police department of the City over which he presides unless, after full disclosure, both the person and the City agree to the representation. This rule equally applies to other City employees filing charges for violations of various other City codes and regulations. BUDGETARYIMPACT There is no additional compensation contemplated with this designation. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, City Magistrate Jimmy Hamm is a member of the State Bar of Texas and, under State Bar Ethics Rules, is prohibited from representing persons charged with a criminal offense by employees of the City of Beaumont unless the City grants consent for such representation; and WHEREAS, the City desires to grant such consent subject to complete disclosure by City Magistrate Jimmy Hamm concerning the nature of each such charge, the identity of the accused and the time and date of the event with the additional requirement that the client has also given appropriate consent; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT City Magistrate Jimmy Hamm is hereby authorized as an attorney-at-law of the State of Texas to represent persons who are charged of criminal activity by employees of the City of Beaumont so long as City Magistrate Jimmy Hamm makes complete disclosure concerning the nature of the event as directed by the City Attorney. The City Attorney is hereby authorized to revoke this consent on a case-by-case basis should a conflict appear concerning representation. In such instance, the City Attorney shall notify City Magistrate Jimmy Hamm in writing of the existence of the conflict and City Magistrate Hamm will discontinue representation of such individual in a proper and orderly fashion. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21 st day of April, 2009. - Mayor Becky Ames D RICH WITH OPPORTUNITY r C ► T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: April 21, 2009 REQUESTED ACTION: Consider a resolution authorizing the creation of an ad hoc committee to explore the feasibility of various recycling efforts for the City of Beaumont. RECOMMENDATION Administration recommends approval of a resolution authorizing the creation of an ad hoc committee. BACKGROUND The Mayor has suggested that a committee be established to explore the economic feasibility of various recycling efforts for the City of Beaumont. This committee would be comprised of nine members. Each Councilmember would appoint one member and the Mayor would appoint three members, one of whom would serve as the Chairman. The committee would take its direction from the Mayor with input from the Council. BUDGETARY IMPACT None. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT an Ad Hoc Committee be established for the purpose of determining the economic feasibility of a Recycling Program in the City of Beaumont, Texas. BE IT FURTHER RESOLVED THAT the Committee shall be composed of nine (9) members, three (3) appointed by the Mayor and one (1) appointed by each City Council member. The Mayor shall name one of the members as Chairman and one as Vice- Chairman. Members of the Committee shall serve without compensation and shall serve at the pleasure of the City Council. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21 st day of April, 2009. - Mayor Becky Ames - E RICH WITH OPPORTUNITY 1111LMA, ( T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: April 21, 2009 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Jehova Jireh Village, Phase I. RECOMMENDATION The administration recommends approval of the following: • Shalom Road approximately 611 feet south of existing Sarah Street to and including the cul-de-sac. Also, recommended for approval are the storm sewer, water and sanitary sewer improvements for Jehovah Jireh Village, Phase I right-of-way only. BACKGROUND The aforementioned improvements in the subdivision passed final inspection from all entities involved on February 6, 2009. BUDGETARY IMPACT None. RESOLUTION NO. WHEREAS,construction of the street,storm sewer,water and sanitary sewer improvements constructed in the Jehova Jireh Village, Phase I, Subdivision have been completed as follows: Street • Shalom Road approximately 611 feet south of existing Sarah Street to and including the cul-de-sac. Storm Sewer, Water and Sanitary Sewer Improvements • Jehova Jireh Village, Phase I, right-of-way only. 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 has 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 Jehova Jireh Village, Phase I 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 21st day of April, 2009. - Mayor Becky Ames - RICH WITH OPPORTUNITY 111C'A,111�1011�9( T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Weldon Dunlap,Assistant Chief of Police For Frank C. Coffin, Jr., Chief of Police MEETING DATE: April 21, 2009 REQUESTED ACTION: Consider authorizing the City Manager to execute all documents necessary, specifically including a Monitoring Service Agreement, in order for BSM Wireless, Inc. to begin monitoring the SETX Auto Theft Task Force bait vehicle. RECOMMENDATION Administration recommends approval. BACKGROUND The Southeast Texas Auto Theft Task Force focuses efforts in two areas: investigations, which target vehicle burglaries, vehicle thefts, and public awareness,which uses media campaigns, training and public presentations to promote prevention techniques. The Bait Vehicle program will provide a proactive means of targeting specific areas based on crime analysis. In September 2006,the Southeast East Texas Auto Theft Task Force received funding for the purchase of bait vehicle monitoring equipment to be placed on a vehicle to start a bait vehicle program. The equipment was funded and monitoring fees were included as part of the funding. In March 2009, the Southeast Texas Auto Theft Task Force requested that monitoring begin on a bait vehicle that had just had monitoring equipment installed. The monitoring company, BSM Wireless,requested a license agreement to be signed to begin the monitoring of the vehicle. BUDGETARY IMPACT Monitoring fees have been funded by the Southeast Texas Auto Theft Task Force grant in the amount of$2,470 to cover monitoring costs. Any additional fees included in this license agreement, that are not covered by the monitoring fees, will be funded with Auto Theft Task Force program income monies, as in the past. 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 Monitoring Service Agreement with BSM Wireless, substantially in the form attached hereto as Exhibit"A,"and all other documents necessary for the monitoring of the Southeast Texas Auto Theft Task Force bait vehicle. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21 st day of April, 2009. - Mayor Becky Ames - APR=07-2009 TUE 05;38 PM 4098422835 FAX N0, 4098422835 P. 02 b BSM Wireless Response Center Monitoring Service Agreement BSM Wireless 1001 BSM Wireless Inc. U005 oftmm,fTfghway 5875 Highway 7,Suite 200. 1slamar=*F1 33034-6000.-Suite 10.130 'Woodbridge Ontario L IL I T9 Voice(800)646.4614 voice:(905)265..1200 Ormil;88)646.1442 Tax:(905)265-1268 Grtfeil:jlittdnert�bsmwireless.cum Toll Fm:(866}-7684771 email:fiindncrAbsmwireless.corn The terms and conditions found on,pages 1 thmgh 7 are part of this agreement. CUSTOMER INFORMATION Customer Name Billing Address City State/Province Country zip/postal Code Contact Name Rank/Position Phone Number ftail Address Fax Number Term of Agreement and?"*at:(disregard r)gt aeaiion irmo»i w tag fats already idctudad in patllFitge price) The terns of this Agreement is one year from the pate of Acceptance.The Customer agrees to pay a one-time database set-tap fee of _(applicable taxes extra)plus a toil monitoring service fee of (applicable taxes extra)billed in advance an4 comprised of the annual per vehicle monitoring service fee of __---- tittles_vehicles.This Agreement shall.hereafter renew automatically from year to year unless cancelled in writing by either parry upon 60 days written notice. The billing cycle will be annual in advance,The Customer agrees to pay for any special service charges referred to in this agmernent including,but not limited to,monitoring,long distance for tails over 15 minutes pass event where applicable,charges for repeated battery low or event call in,applicable taxes and BSM Wireless Inc,(13SK or 8SM busincss partner service calls not covered under warranty. General Matter, The customer w*nowledges and sgrm that the services to be provided by RSM to the customer we lirtrded!n roviding the monitoring services for rho inpuV0utput Acdvati xu and service features As oudfned in Schedule"B"and to contacCing rho responsible person using the cotuact numbers also outlined in achcdulc"B". The Costaater acknowledges turd agnxs to abide with And be bound by the terms&W eottditiens m this a tnduding both Sdtoduk"A"and Schedule°�"and has eo signified by agning and mttisling Uus:y,propriats locations of this egcomcnt.Tim Customer seknow Chet ASM has advised the Customer tiva certain of their rights end rgttcdics have been affected by the term Arid catdi ions of their"Mont with BSM and that there are certain time limitodons within which to commence MW ap{8ot It BSM,ibp empkryess or aka The Cutomer hereby fiuj Wx ogress that BSM is not an insane of the customer's property and that this�rrxmant is not i two bt Art inastirArtce policy or a subsdarto for any insutmwG policy, 7be COtocrer must ltwk exclusively to the CuSlOtn is imu rtr ft recovery and releases BSK its ownployces and agents from utty sod all liability rclatod to the goods And ecrvim provided by BSM undrr this agroctnatt and any schedules related dwroo. The Headings arid any nom;act out hefts form no part of tins Woucrit and are inserted for eommma rcfcrence only Services Provided: a) B$M will provide 24 hour a day,7 day a week monitoring seryi;e for the customer's vehicles, Event repasts will be sent to the eonail ad&=speafied in Schedule"W,Email to Receive Event Rape u.Hard copy reports are available upon Customer requW by Ont w ttg the BSM Support lute at 866-7684771 for$5.00 US for the fast page and$2.00 US for•each additional PW. b) BSM will provide itmemitoling for law enforcement bait vehicle,loss prevention,hazardous material tran$port,aamored tt'etck;s/cars and other selected high security surveillance applications but reserves the right to pre-approve applications on case by case basis. c) BSM will place phone calls to the contacts in Schedule"B",Event Contact last,beginning with the first name indicated therein and trying each successive name provided until a cootact has been made and/or all numbers provided have bees at1'empted.BSM has tw obligation to attempt any other number/s other than those Hod in Schedule"B",Event Contact List.It is the Customer's responsibility to ensure that the contacts and phone numbers in Sehedulo'IV, Event Caat$ct Dist,are up to date.Should this inforlm'cm change tlto Cuxtomer is to emtaot the BSM customer support line immediately at(866)7684771. 3/12/09 Response Center Monitoring Service Agreement V 1DecM I EXHIBIT "A" APR-07-2009 TUE 05:39 PM 4098422835 FAX N0. 4098422835 P. 03 d) BSM reserves the right to charge the customer for repeated activations lasting longer then 15 minute where loss of communications is not a factor at the a rate of$.0.25 US per minute,Repeatad for the purposes of this clauso mean more than five such activations per month. e) Customer agrees to dispatch a representative from their offices or agency within five minutes after being notified by BSM of an activation and if unable to do so,Customer agrees to call the BSM Response Center back at 866-616-0639 and BSM will provide updated real-time acdvgdcm i4formation from that point forward. f) BSM reserves the right to charge the Customer for repeated false alarms resulting from user error or misuse of the system.Two examples would include repeated low battery call-iris after the Customer has already been notified of the low battery condition and repeated false Panic Alarms.The normal charge for false activations as described above will be$ZS US per occurrence. I hereby aathurize WM and/or its agent 10 ve*of et&Vj ro verify aoavatlou sfgWS(i.G doof Open,titlnk Deice,b 3 i<►w,dome ll�![}raceiYOd by thd�a front pm nm before dispatdtfng omevgftoy savim. ow BW and/or tts agent shad incur no liability for any kksk den*M or Pw=W iujufy 900bed ss 4 TOult of any such vaffiaxdm or stantpted verification. Aeeeptaa 1 a=Pt tail attweat and admowledge that t bave read and that I undersbnd aH the terms and conditions eonWeed an this and the other pttgm afsd bicluding to do id viability,llpdtW�pe de& Ifa(y,eanediatiou thVIM sad farther,that by Signing bereunder�this beenow a biadtgf;cophract. You are author 14 to da provide the sew ae spec ed. U dice emseaW ie a corporation,the u sod bas the authority to bind the carporatioo. 18 Wroviag this casaact.BSM may parWrm s Bred$ehtek as the above purehaser. Customer's Sigriatrrre Sales Agent Signature Date of Acceptance Print CugGMer name Print Customer Address 3112/09 Response Center MD4iUxmg Service Agreement V D0006 2 APR-07-2009 TUE 05:40 PM 4098422835 FAX N0. 4098422835 P. 04 Schedule "A" I. THE CUSTOMER UND3ltS'PANDS THAT 13SM IS Nqt AN INSUM OF THE CUSMMr7R'S VEMCLE.OR PROPERTY OR THE PERSONAL SAFETY OF PFASONS IN Olt ABOUT Tl i p VEMCLE 09 PROPERTY AM THAT THIS AGRMMENT IS NM INTENDW TO DF AN INSURANCE POLICY OR A SUSSTTI=2 P4R ANY INSURANCE PdMY. Insurance if arty will be obtained and yeWnniftW by the Cue,,Iomar on its vchtcu,property or camtents thereof and any life,d'ss"ity,heath m4 all other possible coverage far p iu or about the vehicle whether wnrYinS tharrewith or trtheawiae. The charges Prat the Cusany r pays to BSM art based solely erpoq the value oFthc rttonitorittg tt rvicc PMv1dod and ate not related to the value of the C4*%Ra's vehkrle,t itY sets property of others that may be io or tlbout the VeNdIt. The Castmrner agrees to look exclusively to the Customer's kwirn•to recover for des wV.injury or dead+m the event of any Ions,WM or dealt and hereby releases and waives all rights of recovery against DSM arising from any ssrvi Y that BSM provides,may provide or is obligated to provide under this Agreemant indMWino witboul lirobtion any claims that may arise by way of subrogation. The AmouMi payable by the Custarocr are not in any way aetfl'NICK too wamw)mil assuming any risk of ent1 WndA cbllateW,incidental a other damagag to the Castomer,its vebide.it property Adler its,porn nel of my odwr persons and their property as applicable due to the BSM Stinger BSM Stingtx System,its imtolWW or use thereof and the provision afaay monitoring services or Lack thereof;or my ddiickoey,dcfcct or(nadognacy of the fzSM Stinger 135M Systems or$*vices Aravided a to be povided hereunder,or any traders ttad tray arise due to the neg igence of BSM a BSM'a ferlLre Eo q>erf er The Ctrstotacr hereby acknowledges that the Customer does not desire this.�to pmvi&fbr the liability of asM and tic Ctnsttmrer agrees that iitSSM shall not c lisbte the lass or damage due directly or WkcWy to arty oeaurmncoes or oonsequence s there Front which the BSM Stinger OSM Stinger System or service is dw4wd to 444 ar avert. Fran the rebore o5the BSM Stargrx SSM Stinger Synr<ern provided hcraatder or the aexviccs to be petlbrated,it is diffi=lt to fix the actual den V^ifany,which may prmciroa ,recut t3rom the aCdvc ex passive rte li6Crree of,Of a fadum qtr tfrepast obi'Slut to p ,y of Its da olrligatidrtc harratdat;or the 15ulttne of the 135M Stirrg.Y) Saga Sys err�to Y . if BSM should be found liable for loss or derange due b a fsddearo on the pal of NM ex the 05M Stinger$SM Stinger Systeru or service,in any rwspeot,etude liability shag be limited solely with regrad ID ey RECURRING SUVICE traos"m4 to an amotun euppal to Snty paomt of one yaps'$nxturing service AWV or the W004dt Of S).=.00,vrhleho or is less,Of sddy wkh res V4 to a DIRK'$ALL trovaciic%to an amarnt And rwdh=of the type of i mmotioo,this liability shall exdasive. T�is�� price egnipn*M with respect to which the dean is rr ode, irrespective of cause a origin,repulis directly of 1ft s>a ll� v provisions ofthis path SW m the event loss or damgA iNtwy or death, terms Of(his A Peron PVxty 1a thepatwmance or of the obligations sat.fbrth by the liability nndar or fi m the active a passive aegligmce of BSM,its s or nVicyex. In rho event tho the Customer desire BSM to Assam o greater uY Agreement,a choice is hereby*cQ to fire CtiSWma of obbiribeg amrkr Liability against BSM by paying an adddtl=W wow to SSM in proportion to the amom of liability BSM will assume and this choice must be grade by writtea w0ce 4dWaad to BSM prior 10 ON due exeaeliom by BSM of this Apatgrmnad and as WdW=W rider shatl be attached to o is Ag►aeMatt settipg Seth the o matt of the limitation of liability of BSM and the additionW charge to be d by the Customer,tSriliag which the Cl,statr r shall be leaned to have acrxptexd the tintitaions 0DSM's liabilities ffi set ofd in this Agretqum 2. Where monism*mvices are PE&A d,t is snowy�and Wed by aM betw=the parties beroto that the only obligation of BSM,upon receipt of as siSnal received at the camromcd or owned ire center matiroriag spur,shall be to try to talq*ww the Customer's atl'ixb to contest tlto fast person iappr*dc ted MCOWM netoto<a's exnergeucy i Bart List tbde tarter referred to a the"Responsible p�"�at the curautt ax terrfy that an alarm siptrtal has been received by 13SlVI, V4hext a si �� i'in BSM 51e far the il ider unoniWring services on a cave,-d t�is received in the Monitermg Station,will notify the Custorrrer trs sot out ay/M my four-hour hreis To avoid and reduce faisc signals,the Ce amw*xhorirea 13SM and egrets me a"eBirCe`,l,restore,abort"a other ddsignpted rode,sueln tine ohm any signal is nVocived afW such DSM action the signals)will be canat no further aetiao will be Pakwh by iha nteaeritarires Station,Cud"tits the Responnsible Pusan if BSM believes tier any reason dent no&dW ncy tb leapaerx tb toe Vebidn l3SM mazy d onne any t erg* form of rrspow if required to do so b an or +�false alanrw,without penalty. BSM shalt incur no liabr7i fa Y Y i11� atrttority err insnaana odfir attempted notiflcaigrt or tack thaeo&for disregardiehg sign s foto�� ,pwoW i adoatb nsustabW"a msuit of arty such e appropriate service x pet SM*s,faihue of sinY upon mltharih or dasignatad repro the to respemd,failure of the BSM Stinger BSM Sri%u System, the renortitoriag seavlcc or BSM'$rtegfigenee. 3. The Customer aurh w'm the pnsta I*Wfl of the BSM Stinger 9SM Stinger System and recognizes that the aW Stinger BSM Stir modifications and ardj+tatments to adr$rt it to the Cvstornces particular vehicle and filer�may rcquim Sol¢discee0oo shall deem to be M►'�Y srgrdea that$oath modifications and adjustuma be madc as BSM at its DSM firs the 'ice Cuslatner shat!at the Customer's oxpease S•upgly telephone aervie:c and such other egttipmatt where specified by opera on ofthe BSM Stinger BSM Stinger Sy"arc{the monitoring service.The C>rstantor aclohowledge►that the insWiatiarr of the BSM Stinger System will necessitate drilling and other acnivities in the Customer's vdride. It is the Cmtame's responsibility to enure that such drilling and other activity is safe cad properly CaWleted without damage W ttc CUUomer'r vehicle or 4%operation. The tuxicm►cr agrees to hold harmless BSM,its employees,contrarxora and or agents 291h st any liability with aesped any and all dsxnpgpr and claims involving without limitation the Installation,servicing,teatime And operation tothe BSM StbW Sy%1=and all exerts relative thereto. BSM will not be obligated to commence provision of monitoring or other services,as applicable,uqu)such time as all fees and oq=sn ere paid by the Cus0incr and tiw Customer has obWnW an OdIlary cgaipin t and services such as wirekxs telephone line;!, requited to m*o the RSM Stinger System Mad fmomtarurg frlrnotiopaf. 4. The Casioeaer and BSM hereby vgm shad*AM shaU be a fiftar n(LS)day Icst period mnngaft onto System Pdw to nwnitoring service being provided by 95K cotnptetion of 9w installation of the BSM Sti gger on"lost",tl+b COMM"aidastand and the term of Ibis Abet,when the Y>fSM Stiue4r Systesrt pr>snY P�+t is pieced Agrees that no action will be take by BSM if cry siVub are received ai rho response tinter irrotsitoring Motion dining the test period S. The Customer aclaowl6490 that the BSM Spngm Systear described in this Ap'cement of any Schedule has bean thoroughly sxplainad$0 dre Customer cent) chosen by rho Custbuter and t is mWmwod by the Customer�is d by the r ocher w aoific;k*for its needs am4 po poses at this�. BSM doers trot rqwcsm Cr wwrant drat the BSM Stinger SFA=may riot be OM"Pornianed or circumvent that rho BSM Stinger System or monitoring err other services provided pt rm"to this Ag anent will pftvcnt any loss by burglary,fare of oaawhq,or teat pte SSM linger System of moaitating g dAnth stmieps pravidrd tmrniaeti to this Agrterregrt with is alt rases penvi4e tits sere"toe fat which it is arsWikd or intended.Any errors or Omissions in rho installation of the BSM Stinger Sydent of atooitoriog or other services*mended pursuant to Ibis Agreement shall be brougid to the attention of BSM by the conorew in Writing with swat(7) day3 after eomntcarenreot of servict. Oa the ertpirm iota or Ilse mtid severs(7)day period the iuraatlation shall bed Onto to have been uobepted and by Ik C usEomer. The CtriWnwr admowledq,,rs that it is iho Customer's rtarponsibr'h'ty to arm,disarm and use the HSM Stanger Sygam properly so that funcom as mt*mW' The C to mer Anther edawwisdges suet the BSM Stinger Systean can fat?mWor responnse*a t,e re gmu tearer awhoring stature to 4ac1gttaaed keyttoldots eau be slow,irrelleCtuat or saspextdcd{ tine to dme,ere sutb this BSM Stinger SybIqu is a dawrem acrd dots tat provide tab safe t>G,�QRB Q33LikANCE IS S7]tOLvIGLY REC'QM3Kfl�iDF.D. The C agrees Ow sate source of r*nbm=n m in rho event of it puss or 6 nujury or death.for any reason wbOwcver stall be the C w tans t s own tasouroes 444 inaurm of the BSM age to sic rolevani aonb"that BSM dk*,M nee"My Where p*V0 other diet BSM and the Cusrornw are involved in the owwail operatiaahs Stinger SY#M and the raoaitoring and other sarviops provided pionaa to dds Agreement. 7. In the event any pmon aiudl main any daiaa or ilk nay lawsuit against BSM ft any rsesen whosoever relating to the BSM Stinger Sy street or BSM'$duties and abliVAku Putsuant to this Agreowt indudiug,but and limited to the dosigpn,inatifatian,t P*' St'nW System,the Cmmer Agana to indemnity,defcad and bold BSM cad ib ii+odsatht�feu'dim or son-operation of the BSM W A$onts Iramless&ern arty and all daims.liabilities sod lawsuits, 3/12/09 Response Center Moats g Service ASrmtptrlltt V Dec06 3 -APR-07-2009 TUE 05;41 PM 4098422835 FAX N0. 4098422835 P. 05 Schedule"A" including without liiaikdion the payment of 41 ddmatros.asflianses,cost$and tdtorncy's fits,Whither these claims.liabilities and Irmaits are basal an active or PASSivo***Me.inderimification,contribution or strict liability of product liability On the part of BSM WWor its amploycas and Merits. & If the Customer$111111 fail to make ally payments horeumcler within 10 days afW same is due,breach any of covenemts and obiiDidens on the Customs es parry contained Herein or abuse ft BSM Stinger System or osnse mcessive false alarms,or.4.any assigmnttil toe the beatit of moditots,or become boWupt,,than in each case all smounu payable bemunder Imul dw expirattoxi of the curmat mrm of the Agreemmi.shall Immediddly becoane due and payable. All past due Amounts shall beat intcrOst at the tetra of 1.5%per ru cib(I&%per year)or the maximum rate permluad by law from tile first ocenyrimg L'vent of 1)efmhit and BSM may pursue one or more of the following remedies: 1)receive immediate possessiM Of SSM owned l3SM Stinger Sysreni,and for sthch purpose enter file vehicle NW remove the RN Steiger System. Tho Customer hereby waives any futlhat riahts to BSM owned BSM Stinger System or claims resulting ift"said roposse4i00.i cluding any claim for maoratlo a of die vehicle to Its former wailiciori; 2)ftoocd at law at in otpaty to rnforoc perfoimaace by the GlusWOW of the provisions ofthis Aptemeeit,or#e recover daturew for 11111 WACh Oftliis Agrfemt rik 3)without furter notice d'ismlinue file famishing recurring seryiew, including without limibstiati,BSM being able W mmotcly disable any cammimicotin software and hardware located in the vehicle or the Custwrter a Pie, or elsewhere and taminatimg the moudtottng Ofihe BSM StinprSysteni and any ot11er service provided pucpiant ro this Agreaihetut;and S)recover 1111 expellees, Wudhng court costs,collection expenses,adontoy,batiiff and aftinishathan fees. All r eels of it rnoval of BSM owned portion of the BSM Sfsttgm Sys+rrti end any other coats pad or incurred by BSM in*Wxcing or augur paring to aiforce fits teima mad candilfars of this Agtaarirn a arc and shalt hie�hyabk by die C,uwtahxr to BSM. If for epy r+dMSCm 8SM is unable reihtmvp the BSM yth-cdt to this Cumoaer by BSM in writing and te Crstomer shall have fitbxu(}So r dnave th BSM sti s If fire BSM Sthriger Synm or any part thereof;k not so returned to BSM withm have a reed Lo permit BSM to appoint such other agent as it drams ftt to s premises m obtain the BSM Sits r System and the Customer shall be rssponsible and pay for any additioeah Coats+elated to tatrA BSM action. tatbamore if there are any coor agroomeena in eff'ea betwe m 8SM and the Customer.then BSM,at its option,may den►fihe Cw4ogi a's dOPartlt under any one such apeement to he a default under any or all the agreeauxts and BSM r,llatt be nodded to exercise any or all of its rodredtes ac lac all herein,upon dr with re aped 10 eery or all of suds OpWritans. The above rer tda are cuilm ive and dxerciAe of orta dons q pt precede the exercise of aetMhuer. tf mOubbfirhg wtviom ate provided,sad if the monitoring servicic is rmolely deactivated because of the C udomer's post due b> 00 if the Customer deaira-to hewn the service reaaNsteet,the ctismrner agate to pay to BSM in idvaehcq its prevailing aotivOon charge. The Cusl*w trgroea to pay BSM the greamr of$S.00 aadlor the*eduction foes Ear&W1 NSF ClrC W U*is proccased by OW,1bo Cuatansrr agrees to pay fire full east OfootkotiM diarges,legal leas,removal costs,bailiTftS,060 administration fax and soy other esspeitses hicienrad by BSM as a result Of arty claim,demand or liability incurred by Mt,ks employcos and/or aganis beetle of�t�agtomtx failing to moat ar fiafrdl any its obligations+under this Agreement 9- The Customer agrees to pay In additioru 10 the one time database at up fax and annual mmkoring service Secs listed hmain,any telephone togs distance dwrsa"a for calls made by ttrsponse cotter'memitoring ststiati persnmiel to the Customer that in tolat,on a per activation basis,result ire,mom%an 10 minutes of long distance,charges ft tee support front are B,SM Technical Support 06140,if the"lower is not cohered by a valet BSM Maiiiteoanac ASmoment,any required liwnw or permit tees-,all applicable taxes whcedw prpsatt,fetroactive or fututn as applicable,technical expawxw fiw%labor charges and any panalfies, finis,leas,or charges dispatch or respom to 44um signals itrpspoetive of the Mft 10. The Cugoiner shall be solely responsible on a continuous on going basis to secum avdku arranRc for,at Its Own cost and expanse,whatever parrmissiwb permits or ficatses that may bar ntoomuy from ibe MgWrc:d authorities(including utility fifes)for emapmoy tom,eustababoe,moriiwrins and/or repair oftbe f3SM stinger System 11. BSM stall have the ris ht to suboontrad any of the,services which it may be obligated to peyfarm pander this Agrocmma or otherwise: This Avvernem and its bmcfits halliptuble by the Cw4o ntr tXVq%with the prior written consent of BSM The CustosW adrnowledges that this Agreemerit,slid pafticml*iy sting ro BSM's maximum lia�ility,11nd third party imdemnifiaadon,enure to the benefit of and are gpphc*Ic to any assignees ar .4ubcontractors of BSM 11ndlor the rmartitedng liiaility. 12. T1te 13SM Stiruga Systcah bhstatkd hereunder,including 11!1 devices,ins(rtnrients,cubits.mriduits,foils,wires,sand 811 other associated equipma t with the tacacptiau of the(quip speafred 11w"supplied and iinaia11gd on auu ooarig�it lesI?in the this Agreement or any Schedule shall be And shall mmain the solo property of BSM flan ail BSM Sthhger Systems specifud es aypplied and iristalied an out tight basis,ownership by BSM is limited to the&Avmm and Camimimicruinris 11ardware. 1n 811 the BSM Stinpfr Cysteat shall be in tba t• stoma's vehicle and premises as applica1110 at the Customer's svk risk and r esperhsibtliry Slim the moment each piece Of agrriprticnt is dedivat d to or insCtlled in tlievehide or CtLstonux's pia Wso, h;s agircd the installation of the BSM Stinger System or any psrt dicrcof shall not constittiti:the BSM Sauig v System as 8 fu=. Should the Customer be in default to pay any monies due hereunder,or should this Ag wment be louninawA by lapse of time or otherwise,BSM nay at its opticm abandon of mylove,in whole or in Tact the BSM Stinger System wiihprit any Oblt$Atjgn is repot any portion of the vehicle Or titre Customer's pmmLq s upon removal of the BSM Stinger System,and any such ramovat or abandomnont"I not be bald to constitute a waiver of tits right$of 0SM to collect any dw$m-which have accrued or may se&ue hmmup4m, The Customer hereby grmtrts to BSM a security irdeaest under Persemai Property Security Act or equiyWot kgisiadon,lbr the equipment and the aSM Stinger System ingailed and agues to sign any and all documatis and financiud statements that may be required by BSM to be exacutad.The htstallation acid parts of the NM Stnhger Syuaam 1ere8ander are warrentad pursrm to the following: The BSM Swiger System is warrmuted to be free from dt CtS iii workmanship or nun riuls IN a period of ninety(90)dare fran the dale atom omripidion of the histaillifi n. Repair of the BSM Stingu system and equipment,as applicable,Is BSM's sole and only respogcibilky under the LIMr MD WARRANTY provhskm Of Sits t and my Schedtrtas.BSM watmmte that the Soflwarc Product rend BSM Hardware Product will perform fife Of material reprodricible defects or errors for a period of mnc year front the date ofship ixa t of the Sottwart prodircrt On W,oittatkm ofthe Licttisoo stud date of 2*2heW of)3SM HardwM Product or such leaser period As$POW W by the OrW11111 e4w0mebt nVauhmm or third tarapdrterit of BSM Hardware Product,as the am may be,in Amrd&W with SSM irutJucdOas. If applicable,army mairtba ww services at produm or lose lodmiclil such defective sWoled sW fof a period of 30 days&M the data of MWASiM of service or product.BSM shall rephm w r�ir at its USM pay Stnigat System part lheroof that BSM der mikics is defective upon receipt of same from rho Cusmaw The Ct SMW shall � W �d° +ncetted is r gaectiam with respect to the npair or replaoamm of soy defective BW Stmgsx Systan or pan arrYUity does cot include bthtkates hi any devices. riris Warranty is void in else Of ebtwe,mLairse,AWOMAI use,fV0w by unairlhorized parsons,or for soy other reasrah as deteimitued by BSM other tfhari poor wh+atsc l=ip ar dt ivo mtteriat. Selvicn pr rsuarrt to this Warranty will be famished only dewing BSM nrnnaf brisiiiess haws of9:00 AM 111 400 p.M(F.SZ).MardliY m 1Rdday,exceptirtq holidays, Service rt ridard otelda BSM normal busies lours will be duargod to the t on die ba+as errBSM's standard rates for slier hour savI=04 the Customer hereby agsm to pay BSM ua"adddiOW rates for both lahar find materials ThB AFbRESAID WAItRAN'f1ES ARE EXPRI3SSLY MADE IN LIEU OF ANY OTHER WARRANTIES.EXPRESS OR IMALMD, r'r BEOrIG�D THAT AW.SUCH C)37iER WARRXNTIES.$XPRESS OR ANPLIf5D,1NCLUDING THE WAR RAN117?$OF MTRCHANTABILITY Olt FITNESS FOR A PARTICULAR PURPOSV ARE HEREBY L•7Qi8LhS.SLY EXCCLUDED, THE EXCLUSIVE REMEDY OF THE CU`1TOkM HHREUNDER S14"BE REPAIR OR REPLACEMENT AS STATED ABOYE. 'UNDER NO CIRCUMSTANCES SHALL BSM BE LIABLE TO THE Cf,1STOME'R OR ANY OTHER pzisoN mo ikcip.N'1 Al.pit cowQum AL DAMAOM OF ANY NATURE INCLUM40,WIT14DUT LIMITATION,DAMAGES FOR P18RSONAL INIURY,DISATH OR DAMAGSS TO PROPERTY,130WE'V?At OCCASIONED,WRMIER ALLEGED TO R.BSULT FROM SMACK OF WARRANTY BY BSM,THIS NEGLIGENCE OP BSM OR ANY OTHER CAUSE WHA310SVER. THE COMPNY'S 3112/09 Response COWW MonittlI ft Service Agreement V DecO6 4 APR-07-2009 TUE 05;42 PM 4098422835 FAX N0, 4098422835 P. 06 Schedule "A" 13. LIABILITY WILL M NO EVENT EXCEED THE PURCHASE PRICE OF THE BSM STINCER SYSTEM. ALL IMPLIPI)WARRANTIES ARE LIMITED IN DUR.AT)ON Tp TM NINETY DAY T 13AMS OF THIS tXPRESS WARRANTY AND 13SM AND ITS EMPLOYEES AND/OR AGENTS HAVE GIVW THE CUSTOMER NU OTjjSR WARRAtn-Y,INE CWIUa-'R MAY HAVE CERTAM RIGHTS AND REMBEAPS DEPENDENT ON THE 3P1+CI1+1C LAWS OF 17S PROVINCE OR STATE.ANY ACTION AGAINST BSM,ITS EMAI.OYEES OR AGENTS MUST BE()0k flaNC6D BY THE CUSTOMER OR ANY nimr)PARTY,WITHIN ONE(1)YBa AFTER T,4r CAUSE OF ACTION AROSE,FAIEIN(;WIiICH ANY SUCH CUSTOMER CLAIM SHAf1 CUSTO LAPSE AND)SE NULL,4 IR VOID,AND BSM MAY PLEAT)SU("'TIME UMITA ION IN DEFENCE OP ANY ACTION BROUGHT BY THE CUS'TOMl3R OR ANY OTHER T'il1R,D PARTY. 14. This Ape went may be terminated at any litre by BSM if fox any mason.its rights and privileges naxatq y to install and maintpin the$ignal receiving equipment in the nfookoring%cility Are turninsaw; the monroting tenuity or ettlux authorities having jurisdiction direct i such d ma St' !irks orsiPW receiving equipment he removed or repl aced•, or the coatnectiore is detled to BSM Or the Gwstarnr t Sygorn,commMiC49n itxar the rmeuning serviee v dwilt provider herein At arty tune VW thinly(30)days prior wntten notice to dte CUM M. �Y'BSM shall have the right to IS- The Customer age; a)to ftuai9h m BSM ill writing and on:a cantinuiAg basis a list of the)tespondbk person err PCisons if more than tetc including their in rims vehicle at dta ime of i gWianar and to be&WadoL.tq eipt of a signal;b)that rife BSlvi Stinger$yststn is desisted to flmctiou based upon the layout dtwrage or gtistae the Bs>`4 WNW System and to nowt similar 4angdc nary SMU the operation of Him BSM Stings'SYStt o;c)not to tsnW with, Of BSM owed pottiats of ink BSM tmdcnurtrfy'Rq)3.MM for the cost of r or tnplactatent Ace 4 result of any such dacnagc Do,or the loss of or misuse Ctadornet or efottfass w whiplp the ft SYstew:d)to repair,swvice and/or to Now the operatioa of anY pOpq Property,BSM Stinger Syet�ar device of the Cmk at tdk r of onter•s S m'be 016cltcd or aonaealec);e)to provide neeessa y decWcal power in the vuhide as tuquired by station at w C Meer f;mto set the BSM Sniffer System and POr"9A{lY aod nELWy dart the BSM Stinger System into the response center manitruiag and oho eras of cover nadt &SM ly in'ruing ofanY 4*M hundd daring such usd ng. The Customer mtdo Avxls that the sexrsitdvit}+ aF Of>NM Ptotaxion devices f0W change,and that BSM is unable to dcicrl such clytpg"tales*4 Subscribe notifies BSM and apprppn*tests are conduced by the CukU air to immure that adequate BSM Songer System signal 04mwlity is maintained•g)to turn osor neumaliso all PSM Tray iota!'ere with the�tivmas of the BSM Songc f$ystem'a&gccd m afntpmwts,h)to regain lima Cm-sing Mao signal fora being saK i)to `d'Upon Ripon Ty of s need for saviec to tba DW Stinger symb;and j)that an requirements arc provided and-aintained at the Castww's arPoo"W amm that Wit 0AWrmes iansw n m air is sa�i and and the Gtm'tdtrkr's imsnrrance policy is not voided or cancelled. 16. Art Paris required for Mains,904000MR1 And 444slrrtetts to the BSM Sd"Ilar System alter the Warranty period Shall bt:provided by BSM withow ebarge to the Customer whore s mauttc"ance or Puts mPlacramm Plan has been subserr'bed for by the Cuatorm, All labor charges are extra, 'r t:ustorner agrees to exa use Cote in using,handling and maintaining the BSM Sorge SYstom. In the event BSM'&taprescttlative Is sent to the Caste ner's pier=C in t+ceponse e to a service call tint)it is ddafnined that the Cn**W w its employou or agcros have UmWod with the BSM Stbgp System,i caused false signals,failed to su�pPiy eleigicai powtx,failed to pro" t mot X followed operating Qnstfnatiorts, protect the BSM Stinger Systeae,the Cush i 0 p �° ° signals inTr�lY used the BSM Stinger Syjtmrn or trailed to property 17. BSM ernes no liabili far im Pay tp BSM any and all costs associated with the such se rvico call at BSM's then pmvailing rate. tY terrnplioA of monitoring,repair and/or eery Wlrs rectnrrimg SCrvicn due to stc7lte,floc,floods,tightnimg,carthyuskes,pewu failwre;s, iftWMtption or mavoilabidity elf Viephome sefrioe,or for any otbof reason whatsoever and SSM Will not be raquirrd to supply services to Pte Customer while such intenrptioa nnaY a+mtis>We. gtm�g n ooessit�eq by any mach event wild be at tltc Custoafer•m egww' 11 1 n dW evecit tlta tea's telephone scrvice is d,soomuxted,cut,lost or tsmVW at the problem. The Customer ftutltcr t�+lCdgcs that radio fmgoency transmission �Grauer otoait imps men act BSM will be naaware of the atmosphont-clGCnncA1 Aolms,we*signal.lade of may��a'�man,i beYO pled by' variety of conditions stohtding rca'Ponsibility far arty such everts including cOf failure and other oonditiana and tussle beyond t3SM's control and BSM shall bear no atltaw6t out ofoXder or not wonting,aigtpeb trop the BSM Stinger System will not be any direct,indirect,incidental i4. Ne'tfw damages rasniting from. aiOU u nt"OF t BSM s tntxtitArB services arc transferabic Without BSM's wrinon consent la IFWw.Should the Customer assignn or atteatpt to transfer or assign�nghts under this agreertnent or BSM's nnoailpring service then I35M MAY at its sole tan sv agxcanent,without prejudice to its rights b coileo all amounW owin OPt mPeRd 000190ting service without notice or ta'atioate this assign this agreement at any time whbomt 0onsedt of the hordmder and in addttioaf to any obit reimedy it may have. HSM shall have the d&to have any rnmodiom ibr inx of this Cu tlbsaancr.In such event,the Ckn(onmr shall der!wits,look for the pw%tmsatae of this agreement to and Customer hereunder. agnumont against the u atgnrx only and Company slalp, such assigtnment,be released ftom any obligstiom to the 20. It BSM's SUM response cenW monitwiag station is destr M or dart d or cCamGq operrttieab for any cause a iL due W the Cnutontar0 at�s err omESSiony, (inoltating failure to follow the Corn 1 Ys�dsdions for use and tasting,repairs or replu meat of the BSM Stinger System or any pan 9kreoi)it is impracticable in BSM's$ole opiniap to oonbulo mvlee then the Company eery Marcel�0etvkee witlxU notice and it shall not tro ltat►Ic der any duttages as a resmh of tenainAthng 0109 serviexrt axaept far a rofund of any farts paid for any petted agar the date of eencellaUon The Cinsmaner agues m contra m the mcatitaiag service and tp pay 1bt$ame at 8SM's prcvarlia$tarts for a period iadicxtod om the front and AtcrcatMr from Yew rendered L the cvemt the t d ucmcr cafncela Prior too the and of the eomract term,the Custaraer to yo A until cancelled by the prior to oanclhttion,the balance owing on the agrpeateat,at liquidated a to ,is addition to arty for my firsmiar�; assessafents,taxes,fbcs or dwila that are unposed by any Vpvorri ont authority,and mcnsaseeiin PAY Tyne customer shall Pay far r 0 false sham rnquind for hrxwWssion of signals.This alp o maar 4es lire cntim agreetuad bata+een fie ��to the for eClcphwe or oche r facilities by both parties.The Parties agree that them are s►o doter w0ditiaos 1+ +and no changes non he made,sttlesa in tvritbtg and signed ag Vern t or Mflai*g to the or sevices Provided by tbo � o�trade or warranties given in mmoctiart web tho manses of this AUTHORIZED S1Gl�IINCi Cnmpanys�, axpresaorl or implied. NO PBL%N OTHER THAN A DULY OFFK R t3F COMPANY AND IN PAR ULAR NO SAM$ 9EPRESENTAT ME OR CONSULTANT' HAS ANY AUTHORITY 1b Ali¢ 1p,WAryp,SUSPEND OR 1N ANY WAY ALTER ANY OF TTY PRINTED TERMS OR C�'ONDFTIONS RRMN CONTAINED OR TO MAKE ANY PROMISE,MpRESENTAnON,CONDITION OR WARRANTY NOT PROVB?!ap 1i111tEIlH. THE TTsIZMS AND COND1TlONS tiFsRBII�1 ItRI Ek SMALL PREVAIL W O OVER.ANY INC(1NSI$TEKI OR ADDITIONAL Tom,OR CONDITIONS IN ANY PURC14ME ORDER OR t3T7iER LET TBR OR DOCUMENT OR SCIi$DULE SUBMITTED BY' CUSTOMER�111R13NRT L pfd dell be deemed to include the 0�hlr,�y t>•'oviO3an� and ssatstsnr As fire reqname m each ease,and when tied rn the plural shall apply>o such severally.� agrmtpppl or any scltequlo b darns by atgr court of 'p ion to he invaNd or umotforeeahl suds '��and decried severed Items froro Aad ati othar�p� stall farna;p in fall font tad trdbcttagre�nt rdfail be e+ emulator shad be pettier wbrittt And althea to the jud luu of tJte courts of tb�province. $Ot'�by�t�of the Province of I�rttado x Custoefter s s 3/12!09 Response Center Mot:titQrM&Service AVW4V*V DecO6 5 APR-07-2009 TUE 05:42 PM 4098422835 FAX N0, 4098422835 P. 07 Schedule KB" EVENT CONTACT LIST 1. Name Person to aslc ibY Police D' thlit MCC,lnvcsti r117ctocti swmia Mari Phone# Alternate Phone#. 2.Name Person to ask for"Police Dts etch Unit office,lnvesti rlDetEGtfve, Man Phone# Alternate Phone#. 3,Name Pcrscm to ask far Poluc Dispatch. ,Ueit Office,Grvani tive,sq=ity mama phone# Alternate Phand#. 4.lame Pmc,it tr,nsl;1 Thniiac Di aket, Unit fficx,lnvcsl7Z1o*r Dttoctivc Security MAR or Phone# Alternate Phone#. EINAM TO RECEIVE EVENT REPORTS Emait Address: 3112109 Response Center Mopitoriltg Sair ae Agreement V Dec06 6 APR-07-2009 TUP 05:43 PM 4098422835 FAX N0, 4098422835 P. 08 6 Schedule"19" Sections I through 4 below must be completed for each MM Stinger unit and vehiele.This information will form an integral part of the Agreement.Xf additional copies are made these copies will form an integral 1*rt of this agreement. +COMMI.)'NICATIONS SETTINGS AND BOX ID INFORMATION(1) CPRS Provider(itappllceble) i.e.cia plat Rogers CDMA Provider(if applicable) i.e. Verizon Alkel,Talus,BeN 13OX ID Number BOX Static IP (Iappomblo) VEIIIC'LE INFORMATION(2) Year Make i.e.F Ca 000 Model i.e.QM STS Color License Plate StatolProvince VEHICLE UNIT-SETTINGS(3) Inputs Enabled(check for yes) Outputs Enabled(check for yes) ❑ Door Sense/Dome bight/Theft Alarm ❑ Disable ignition ❑ ippitioT,some ❑ Lock and Unlock Door ❑ Trunk Sense ❑ Horn Monk ❑ Battety I Low Sense: ❑ Battery 2 Low Sense Q User Defined i or Panic Alarm . © User DefjnM 1 (if so,what function) ❑ user Defined 2(Motion,other)) ❑ User Defined 3(if so,what function) Notification addresses for teat messaging capable pagers/cell phones(4) (e.g.S12S555SS@nextei.net) Address 1: Address 3: Address 2: Office use and Date tested with kes onse Center: Ais etcher Id: _Pg;�,Response Center service be er id: 3/12149 Response Center Monitoring Service Agreement V Dee06 7 G RICH WITH OPPORTUNITY IIEAi , T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Weldon Dunlap, Assistant Chief of Police For Frank C. Coffin, Jr., Chief of Police MEETING DATE: April 21, 2009 REQUESTED ACTION: Consider authorizing the City Manager to execute all documents necessary for the Southeast Texas Auto Theft Task Force to advertise on billboards owned by Lamar Advertising to raise public awareness regarding auto theft and auto burglaries. RECOMMENDATION Administration recommends approval. BACKGROUND The Southeast Texas Auto Theft Task Force is a multi jurisdiction agency comprised of seven personnel from the Beaumont Police Department, and one each from the Jefferson County Sheriff s office, Port Arthur Police Department and the Hardin County Sheriffs Office. Since the inception of the Task Force,motor vehicle thefts have decreased in Beaumont by 81.5%from 1721 in 1992 to 317 in 2008. The Task Force currently covers Jefferson, Orange,Hardin, and Jasper Counties. The Task Force focuses efforts in two areas: investigations,which target vehicle burglaries and vehicle thefts, and public awareness,which uses media campaigns, training and public presentations to promote prevention techniques and awareness. Since October 2006,the Task Force has had a contract with Lamar Advertising to use billboards to raise public awareness about auto theft and auto burglary. This contract expired in September 2009 and was not renewed because of a lack of funding. Funding was restored in a 2009 supplemental grant award of$4,000.00 for advertising. BUDGETARYIMPACT This contract if for six months and will be funded by using$3,000 in grant funding that was provided specifically for this purpose in a supplemental award. 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 contract with Lamar Advertising, substantially in the form attached hereto as Exhibit "A," and all other documents necessary for the use of billboards by the Southeast Texas Auto Theft Task Force to raise public awareness of auto theft and auto burglaries. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21 st day of April, 2009. - Mayor Becky Ames - APR-07-2009 TUE 03;41 PM 4098422835 FAX N0. 4098422835 P. 02 Beaumont _ _ P.Q.BOX 21580 r gr rte' Dat - 03/1012004 9ebumant TX 77720-1590 THe �i'4 V71515 ��`'a, COMPAPUS NhwlRene"I. PHONE: 409-842-4881 Contract FAX: 409-942-5015 Contract No. 1080711 C11Y OF 9M AUT4 THEFT TASK Custemw Memo CL1Y OF 111M)MONTIAM TMUT TAW Mve tow. FORCE ftnO Address: Cult,A/C M: 2709691 NAr1Aa*L LO swing FAA*Aumeea: FORCE P 0 YOX 3827 Tartu: � pate MWAM �..�.... CNY: WAUM 1ST 816ter TX zig 77704 Cakset Pafem: KYLES HAYES PNow 140FAW3720 C4�►{1>tiprK Far: EM*' RRO6W1.6fAUMONTAXu8 Taunt Campaign , ttwsstrsent Bulletins lrwestrnsnt� _ Compww 9 44__-- --. Nov Perit>a "M.64 Markstt 8BAt1MONT MakW Cadx 2 Local AS: J021e7-Jawme Patio An., . Oealwy Imp": Panel LW OW SIM loom Investment Pet M" 13etvl06 Oates far 2ew 03132 0W37- 05129- 06722• 09124 MIT- 09114 10112- 11109 12/07- 04125 0&24 40121 O7ne 00116 09113 10111 11!08 12108 01W3 SeMae Vain for 1014 01104 02101- 03101- 01131 02129 02(20 bwesbnent Schedule Year Period Totallnwatment 2009 0319Q.04m $01.34 04/27.05724 ;1461.54 06125.09121 8401.64 08/2307/18 $01.64 07120.06/16 841.64 09117-09713 8481.54 M4W44- �4e hsi. Ff ti4iNG.1i1Q6 �� t� T41r1�3i0d 2010 'QHa1CdT197' p1110914 aWs"es" *lux ' 0270-,fig, i4er.64. --The re n wer of ft page let b onf*n*bland:— EXHIBIT "A" APR-07-2009 TUE 03;41 PM 4098422835 FAX N0, 4098422835 P. 03 Contract No. 1080711 AdwUsar authmiasaand InaudaThe I.amarCompaniaslo dsplay Ina good and wwkmr ue manner,and to mmossin forms!anus bat fodh bbove,ouldodradvardsirlo displaysdasrsibad above aron the attached IIsL In wmidetawn meow,Ad"wraglse 1*Day the What Companistall oNtack smout>tswithin thhty PO)dKoellwrthe dabk of billino.AdveAlw Ackw odilsosnA#slainto bound by Us Wms and caldioonsaontained an all papaof thistonbad. The undendpned fapreesnpttivs or spent of Advertlswr hereby+rrendneate Thar Wfnar Compgnio&#W hal"istheREPRESENTATiVEd the Advertiser and is authpdzed to axeautr►this cofflux t on behalf of AdvaAw. C R SER COUNT U PAiTr, COMPANY,Besuntad BY: CUSiOMSPJADVERiTSER SIGNED ilY KYLE MAYU This Canted Is NOT 24NDING Writ.ACCEPTED by the Gonami Mansgerof a Lamar OuMoorAdvadiang Company. ACCEPTED: TNli LAMAR Cq PAMIU WE 6Y: RAL W9WR NOR=WIR D AGINCY 'Its aaanclr fspre u"this Aduenpw in me yo+trect aaaitas die aolthace as an egwN for s die Wrod pw0A W wedN aPaslo sores to to iable piny and aswossy and In sold;wilt Acivatiserfor rite fte tnd faktdw perfamtem of A4rarlkl *obfpetionb hre.ndwr. Agemy walva notice of dolmat aM caftans to alt wasrsioes of psynsm. 1 wkv$wvloe: Ow A10: 2?*KWt Nst'Ytatal LD AOY Street Address: Data; tiArtiRng Address: BY: City: lnwta Zips ><m eve Address: Cassel: Priors: Fax: 114E oft PRiNT HMO Q—LOW il*W=Ittifit RE OM"M 1. General Con didons 1, On MW InstaMetkim A Lamar is rvw@wW by Adveefism to submit at watt,thou an wdrk sublubw by homer shat be approved& etA ghft rrrt cork vtwll be fumislwd by Adrwtfaor wlhn ton(1M days ditd ewamii&L In w eses of dafadt In fumdehihp& approval of art wit tw Adi wrtiser,ilea the date of installation far purpose of oanmemeemeed of the f bt i wciar shall ba doomed to omw on the Data on wtdwh IM vadow specs:are av ek6 w for$ew ico: �' ne►n daf4ncl,ind"t Ty Mid hotel LsMar ir++ to t( 'Yti !�t ear reWttar d wet o*r 4ipkad or taro""pu+sufm to twt wwftL q piµd.lt 3 Ups+oomphllen ad U6telbon of WIW pooft er noon the daasnelgnwee dewed h dd&AL an vwrorca for payment ri to and to Adv WWW&Aosney.Upon Adren1set6 of Ape"%recydst.a regal of Ira posting vs'1 be asp With me Mid InVOIC.East W MA►ca enter w ON pWW falls"*13mmencemed of post%.YM f iral kwraa stroll over tits papa f an am 5 C C,,,nom a Yreadwren(r mare then one lacwrwrl s MAIM the eVMp date of artalahon shall De uses)to is sM a the bking pww in wtdah the krvoias is rwvlarad,wml acrbwgcrarrt kwaiws s1wA bo tsrldwwd n advance an the f iryi d esoh saee6telr s tra{ng period.Ai �¢ ��� pMrated inroiae iris audits wit by oomvwwd on the Maria a a foe wet:k bdlirw trorg4 r 4. It Lamar a prov6nN.p Eras Petro tar movda wo tarry d tt M—by sates WOW re cmero!a wt4ft..W.,Yickwt O VA nee smiled to soft of G4 atnksa,work atopprryee a pteketwC ne Intl*swot a demsps a dsanrti;n of any a the spam.or n w svwN tamer is untple to deartet*W penal d w aarriea rogrdred h t►d6 a ordracL irrw d%4Lbhnwlat ear►masdwrraa,tlds eanrect shot rot ksaeistle Cerra!altos be attoeee to adrsdlar of w 4tgsdsyd tees of Lamar tat Won apace a swv lee for tha penw that stet1 spe¢e Of sere lee ohm net Ile ILWANd Or 00 be diMWUXM of Kapendew.Lamar may Oso wge Vela dada,at to option,by fw iMft tdv1"alkp ea+riea an sda4Atd4 tpwwww, to bs moan* Approved by adw*%&, a by a,elandyg#%lesn ear t1w adradpi V tarries an to efts apme far it pealed beyond the axpWim data live m4etilul64 at Ww ded 66hr W6 00 be of e v ska squat to the stars*at anh credit. S. upon dg as in w punt a psy mart of w controa ktdehtedresa or dry pet thwaf,as ale same:twit baoome ewe and peyama,w emlrw emesat Of w Yrdebadness oo4100160 fa heferh s1W be nutded sod ahtl b6 due tars pWIM erlmeostay,at she Colon at Lamar,and u le w sale is pr;mpty paid,Lamar may,at b option,discontiraw view natirs the acddppr or a*stieirp eoftum m for hpretr: provkW, hewer, the!ugh kwsrrsw shalt not rwNwve parer A&wIlabr or tar omy of thr ac*sot Irdablednasa All Payments in weavers ahsfl beer usenet at the i WWI a0re4 rats ywrm^W by iNK not to a aWO IIA%put mars!. th Weldon. APR-07-2009 TUE 03:42 PM 4098422835 FAX N0, 4098422835 P. 04 Adyebti*er shag pey Lamar at oasts and ebrpera"of weardsng ibs rights under this oafto,nom wo mabM MW*'#'a foes of not Mss than 2311 of the amount dus,at SM.O0,%ohldwer is greater,and an ressdnahM ab"lon soma f sae. 6. This contract.all papas,constbrtaa the Wars 1xilte4maM between Lamer am dvardw..Lamar shag not be Wmxi by dry 4t4x4*ww. cohesions,or slWasmerts not set too In this Contract,Wvivbr by Leman of any breech of any provision shag rot wnatilute a waiver d any Garr brwoh of that RMIslon or any othor Provision. a. iltrMtttNt Common* 1. L okn*r ro my so tta night 16 delamyim 6 a"and design we in pool taste bond*Wei the moral tlendarse or the stdiv loin communities In V"it is t0 bo display ad. 2. taanse MWvhe Mrs dgM to mad or adhdraw argr copy,saner of am or after pm ft Lamar f unhW reserves the tight to tivmiado am owr**fer"masse,W any bane. M slat cash pay man a mquuad thirty(301 days after the dsae of 094 4. a a location should bo lost 0aing the parted,of dappy fa any feriae,a bWMM looeian of 9*W adysAkft value vg be ft"Wed a'ondi!Mstxd fa laid tM aavle0.tiMUle tlMro M bnae mart a 50th leas of illumiRflMn,s ZIt1L pao-mta creotl awed an tats vraak advertising owe biNkt vgl b&swan B IN&contract raquiraa Numiration,ll will be prov icW ham dusk urnv111:00 pin. S. AN eardwAs are norwmcdob by Advertiser, IL Pak+!production allaties are not included in tho■tabs r0k one will the daM mIned by Ina degraa of 1Liffia*of the rapr*&xAiM. Ctsrm an comp ted on a w rseafad basis. 7. Approved Wwodrard pairjV hV"t en shsl be tunvstad by as Advsrtisw ski r @901 say■prier to adrodaad dapwj data. & Creative With moehaNdld,ref Maas,vim".arc,wilt be Now won MW"t• S. Cu Nulla/e donslorwMwo daaesd are ImW in Cis+to 5 fast above,W d 2 teat to the sides and 1 foot bdme aaetlal OOW Brae. Carats are the property of Lamar,and the basis f abrbatian t R v&is for a maxinum 12 moan.Lamar wit not to rosacnsnbls for atouls/ek"nob"Wad 120 day a at swap lima 1A WrWI for bmtm WoM to ouppgad bbd the ebdratioer f Ikan(15)day a Ma to pig date. 11. Sections or v nyI ei be hold at caatdrnoes mgjtwt upon manapamaot spproval at the matintse we of Sian pat'mantel 12. LOtewpy of five(5)Mooting days trots as accepted*tan data is required to cpMbflale the installation of arty dapW.Vinyl should to stippod in time to antve at ieast these(0)oaths prior to Ho agaepled 0#1 deb. uL $IlR4h1 t:ottakhrt�lotls; tv bath 1 EBU.E. PSiMIOIttTH A SR0.t�AYAI,A t'1AIS19 SURETY AGRMVENT•C00"Ot No. 108D711 In c00164010611 of Lamar anleOng into this contract with Advertiser.0A undOrMflmrtd C$UI ty')gusfensaasand become%a surety for Advertiser In favor of Lamar for all sumo duo by Advtatisar under this contract,The oblipMan of Su"is joint and sovewl and in solido with Advertiser and Agent Of applicable)for the full pedomanoe of All of AdverslWa obligations underthiscantuk or■ny coMmuation. Sultity consents to ail ttzlatdons Surety waives smy Dowlt That may allow him m limit this obugetion to lemttran the 1411 00004 tlon of Advatisef it it ttedefelood that, *Mmout this gt fentsp ter alsety agssement, Lamar would mot be williftg to war this comttatt with Advertiser. signed Me-day of SURETY WK Name: Address: Tae M Ce c"LY tndaatMIDAW o9S0MO atdmtiteQe!¢ cS9MO nrtRoArgi Cue6ner v.ee�agiarc Pmductcw& es.Mieaetnrwr NprlCgn"dNam^ Poelar M*MW ftlkq AM pq P, t:o-upc APR-07-2009 TUE 03:42 PM 4098422835 FAX N0, 4098422835 P. 05 V sgvLmnua r-CgWW No. 10807 11 Ygar Mont% Told tivsauo 20M Apr Imca mri X00 00 Jun MOD Jul $600,00 Aug $500.04 eup $900.00 tw4moo $MOD �� 5600.00 2010 $moo r�ppr j500.o0 SM02 H RICH WITH OPPORTUNITY r T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Weldon Dunlap, Assistant Chief of Police For Frank C. Coffin,Jr., Chief of Police MEETING DATE: April 21, 2009 REQUESTED ACTION: Consider authorizing the City Manager to apply for and receive funding through the Recovery Act: 2009 Edward Byrne Memorial Justice Assistance Grant program and to execute inter-local agreements with Jefferson County and area cities. RECOMMENDATION Administration recommends approval. BACKGROUND The City of Beaumont has been awarded funding through the Edward Byrne Memorial Justice Assistance Grant program the past three years. The funding has been used to upgrade technology through the purchase of computer hardware and software,purchase additional officer safety equipment and to fund several community programs, such as Citizens on Patrol. Due to Jefferson County being designated a disparate jurisdiction by the Department of Justice, a joint application must be filed and the agencies must agree to funding allocations prior to application for funding. A total of$818,795 would be received and inter-local agreements would be executed with the entities listed below. BUDGETARY IMPACT An additional $464,352 for law enforcement equipment and programs for the Beaumont Police Department. The remainder of the funds would be allocated to Port Arthur($171,332), Nederland ($21,711), Groves ($13,690), Port Neches ($9,818), and Jefferson County($137,892). No match is required. GMS Application Number 2009-F2724-TX-SB Resolution No. The State of Texas )( County of Jefferson )( City of Beaumont, Texas )( City of Port Arthur, Texas )( City of Nederland,Texas )( Know All by These Present City of Groves,Texas )( City of Port Neches, Texas )( Inter-Local Agreement Between the County of Jefferson,Texas, City of Beaumont, Texas, City of Port Arthur,Texas, City of Nederland,Texas, City of Groves,Texas, and City of Port Neches,Texas Recovery Act: 2009 Byrne Justice Assistance Grant(JAG) Program Award This Agreement is made and entered into this day of 2009, by and between The County of Jefferson, Texas acting by and through its governing body,the Commissioners Court; the City of Beaumont, Texas acting by and through its governing body,the City Council; the City of Port Arthur,Texas acting by and through its governing body,the City Council; the City of Nederland, Texas acting by and through its governing body,the City Council; the City of Groves,Texas acting by and through its governing body,the City Council; and the City of Port Neches,Texas acting by and through its governing body,the City Council,witnesseth: WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party: and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of all parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement: and WHEREAS, the City of Beaumont, Texas, the City of Port Arthur, Texas, the City of Nederland, Texas, the City of Groves, Texas, and the City of Port Neches, Texas agree to provide Jefferson County, Texas $137,892 from the JAG award and the City of Beaumont, Texas, the City of Port Arthur, Texas, the City of Nederland, Texas, the City of Groves, Texas, and the City of Port Neches, Texas agree to allocate the remaining funds as follows: $464,352 to the City of Beaumont, Texas; $171,332 to the City of Port Arthur, Texas; $21,711 to the City of Nederland, Texas; $13,690 to the City of Groves, Texas; and $9,818 to the City of Port Neches, Texas. WHEREAS, Jefferson County, Texas, the City of Beaumont, Texas, the City of Port Arthur, Texas, the City of Nederland, Texas, the City of Groves, Texas, and the City of Port Neches, Texas believe it to be in their best interests to reallocate the JAG funds. NOW THEREFORE,Jefferson County, Texas,the City of Beaumont,Texas, the City of Port Arthur, Texas, the City of Nederland, Texas,the City of Groves,Texas, and the City of Port Neches, Texas agree as follows: Section 1. The City of Beaumont, Texas and the City of Port Arthur, Texas agree to provide Jefferson County, Texas $137,892 from the JAG award and the City of Beaumont, Texas, the City of Port Arthur, Texas, the City of Nederland, Texas, the City of Groves, Texas, and the City of Port Neches, Texas agree to allocate the remaining funds as follows: GMS Application Number 2009-F2724-TX-SB $464,352 to the City of Beaumont, Texas; $171,332 to the City of Port Arthur, Texas; $21,711 to the City of Nederland, Texas; $13,690 to the City of Groves, Texas; and $9,818 to the City of Port Neches, Texas. Section 2. Jefferson County, Texas agrees to use the funding for the Technology Enhancement Program until 2012. The City of Beaumont, Texas agrees to use the funding for the Community Policing Program and Technology Enhancement Program until 2012. The City of Port Arthur, Texas agrees to use the funding for the Technology Enhancement Program until 2012. The City of Nederland, Texas agrees to use the funding for the Community Policing Program and Technology Enhancement Program until 2012. The City of Groves, Texas agrees to use the funding for the Community Policing Program and Technology Enhancement Program until 2012. The City of Port Neches, Texas agrees to use the funding for the Community Policing Program and Technology Enhancement Program until 2012. Section 3. Each party to this agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 4. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 5. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. City of Texas CITY MANAGER "By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contracts or legal document on behalf of other parties. Our view of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval and should seek review and approval by their own respective attorney(s). 2 OMB No. 1121-0323 U.S.Department of Justice Office of Justice Programs f Bureau ofJustice Assistance The U.S. Department of Justice, Office of Justice Programs' (OJP) Bureau of Justice Assistance (BJA) is pleased to announce that it is seeking applications for funding under the Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) Program. On February 17, 2009, President Obama signed into law the landmark American Recovery and Reinvestment Act of 2009 (the "Recovery Act"). As one of its many elements, the Recovery Act provides the U.S. Department of Justice (DOJ)with funding for grants to assist state, local, and tribal law enforcement(including support for hiring), to combat violence against women, to fight internet crimes against children, to improve the functioning of the criminal justice system, to assist victims of crime, and to support youth mentoring. DOJ is committed to working with our national, state, local and tribal partners to ensure this funding invests in the American workforce. Specifically, under this solicitation, BJA will be making awards to assist local and tribal efforts to prevent or reduce crime and violence. Recovery Act: Edward Byrne (Memorial Justice Assistance Grant (JAG) Formula Program: Local Solicitation Eligibility Applicants are limited to units of local government listed in the Recovery Act JAG allocation list for JAG funds. (See "Eligibility," page 2) Deadline Registration with OJP's Grants Management System is required prior to application submission. Applicants must obtain a DUNS number from Dun and Bradstreet prior to application submission. Applicants, including those applying through GMS, must register with the Central Contractor Registration (CCR) database. (See "Deadline: Registration," page 1) All applications are due by 8:00 p.m. Eastern Time. on May 18, 2009. (See "Deadline: Applications," page 2) c Important Note to Prospective Applicants This solicitation is issued pursuant to the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), which was signed into law by President Obama on February 17, 2009. As of the date this solicitation is issued, government-wide guidance is still forthcoming on various aspects of the Act. Applicants are strongly advised to check the appropriate web site and www.o'p.usdol.gov/recovery/solicitationreouirements.htm periodically (including before submitting an application) for updates to this solicitation and its associated requirements. Additional information may become available that could affect project proposal narratives, timelines, budget requests, certifications, and other matters related to applications. Award recipients will be required to follow any applicable provisions of government-wide guidance that may be issued pursuant to the Recovery Act. Contact Information For assistance with the requirements of this solicitation, contact: BJA toll-free at 1-866-268-0079 or e-mail JAG RecovervCcausdoi.aov. This e-mail account will be checked hourly. A response will be provided within one business day. You may also contact your BJA State Policy Advisor at www.o'D.usdoi.qov/BJA/resource/stcont.htm, or Eileen M. Garry, Deputy Director for Programs, at 202-307-6226 or eileen.garry(a-)usdoi.pov. This application must be submitted through OJP's Grants Management System (GMS). For technical assistance with submitting the application, call the GMS Support Hotline at 1-888- 549-9901, option 3. The GMS Support Hotline hours of operation are Monday-Friday from 7:00 a.m. to 9:00 p.m. e.t. For step-by-step GMS guidance, please utilize OJP's online Grants Management System training tool: www.o'p.usdoi.gov/gmscbV. Release date: March 6, 2009 OMB No.1121-0323 Approval Expires 9/30/2009 s CONTENTS Overview of the Edward Byrne Memorial Justice Assistance Grant Program 1 Deadline: Registration 1 Deadline: Applications 2 Eligibility 2 Additional Requirements Related to the Recovery Act American Indian Tribes and Alaska Native Tribes and/or Tribal Organizations JAG Program-Specific Information 3 Accountability and Transparency under the Recovery Act 6 Performance Measures 9 How to Apply 10 What an Application Must Include: 10 Standard Form 424 Program Narrative Budget and Budget Narrative Review Narrative Abstract Certifications Review Process 11 Additional Requirements 11 Appendix. Templates for Required Certifications 13 OMB No.1121-0323 Approval Expires 9/30/2009 111 Recovery Act: Edward Byrne Memorial Justice Assistance Grant (JAG) Formula Program: Local Solicitation CDFA #16.804 Overview of the Edward Byrne Memorial Justice Assistance Grant Program This grant program is authorized by the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) (the "Recovery Act") and by 42 U.S.C. 3751(a). The stated purposes of the Recovery Act are: to preserve and create jobs and promote economic recovery; to assist those most impacted by the recession; to provide investments needed to increase economic efficiency by spurring technological advances in science and health; to invest in transportation, environmental protection, and other infrastructure that will provide long-term economic benefits; and to stabilize State and local government budgets, in order to minimize and avoid reductions in essential services and counterproductive State and local tax increases. The Recovery Act places great emphasis on accountability and transparency in the use of taxpayer dollars. Among other things, it creates a new Recovery Accountability and Transparency Board and a new website— Recovery.gov—to provide information to the public, including access to detailed information on grants and contracts made with Recovery Act funds. The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to state and local jurisdictions. JAG funds support all components of the criminal justice system, from multijurisdictional drug and gang task forces to crime prevention and domestic violence programs, courts, corrections, treatment, and justice information sharing initiatives. JAG funded projects may address crime through the provision of services directly to individuals and/or communities and by improving the effectiveness and efficiency of criminal justice systems, processes, and procedures. Deadline: Registration Registering with OJP's Grants Management System (GMS) Applications must be submitted through OJP's online Grants Management System (GMS). To access the system, go to https:H-grants.oip.usdoj gov. Applicants should begin the process immediately to meet the GMS registration deadline, especially if this is the first time they have used the system. Each application requires a separate GMS registration. The registration process for organizations includes: (1) Obtaining a Data Universal Numbering System (DUNS) number; (2) Registering your organization with the Central Contractor Registration (CCR) database; and (3) Registering with GMS prior to applying. The deadline to register is 8:00 p.m. Eastern Time on May 18, 2009. A DUNS number is required. All applicants under this solicitation must include a DUNS (Data Universal Numbering System) number in their application. Applications without a DUNS number are incomplete. A DUNS number is a unique nine-digit sequence recognized as the universal standard for identifying and keeping track of entities receiving Federal funds. The identifier is used for OMB No.1121-0323 Approval Expires 9/30/2009 tracking purposes and to validate address and point of contact information for federal assistance applicants, recipients, and subrecipients. The DUNS number will be used throughout the grant life cycle. Obtaining a DUNS number is a free, simple, one-time activity. Obtain one by calling 1- 866-705-5711 or by applying online at http://fedgov.dnb.com/webform/displayHomePage.do. Central Contractor Registration (CCR) is required. In addition to the DUNS number requirement, OJP requires that all applicants (other than individuals)for federal financial assistance maintain current registrations in the Central Contractor Registration (CCR)database. The CCR database is the repository for standard information about federal financial assistance applicants, recipients, and subrecipients. Organizations that have previously submitted applications via Grants.gov are already registered with CCR, as it is a requirement for Grants.gov registration. Please note, however, that applicants must update or renew their CCR registration at least once per year to maintain an active status. Information about registration procedures can be accessed at www.ccr.gov. Deadline: Applications The due date for applying for funding under this announcement is 8:00 p.m. Eastern Time on May 18, 2009. Eligibility Applicants are limited to units of local government appearing on the Recovery Act JAG allocation list. For JAG Program purposes, a unit of local government is: a town, township, village, parish, city, county, or other general purpose political subdivision of a state; any law enforcement district or judicial enforcement district that is established under applicable state law and has authority to, in a manner independent of other state entities, establish a budget and impose taxes; or, it may also be a federally recognized Indian tribe or-Alaskan Native organization that performs law enforcement functions as determined by the Secretary of the Interior. In Louisiana, a unit of local government means the office of a district attorney or a parish sheriff. Additional Requirements Related to the Recovery Act (including certification requirements): Reporting on the Use of Funds. In order to be eligible to receive funds under this solicitation, applicants must certify that they will satisfy the reporting requirements of section 1512(c) of the Recovery Act, which requires detailed reporting (including reporting on subawards) not later than ten calendar days after the end of each calendar quarter. Detailed information on section 1512(c) appears below, under"Accountability and Transparency under the Recovery Act."A template for the certification is included in the appendix. Applicants may expect that a standard form and/or standard reporting mechanism will be made available at a future date. Certification regarding Infrastructure Investments. Pursuant to section 1511 of the Recovery Act, a State or local government (including a federally-recognized Indian tribal government) may not receive funds for an infrastructure investment (for example, construction or major renovation of a correctional facility) unless the Governor, mayor, or other chief executive, as appropriate, certifies that the infrastructure investment has received the full vetting required by law and that the chief executive accepts responsibility that the infrastructure is an appropriate use of taxpayer dollars. The certification must include a description of the infrastructure investment, the estimated total cost, and the amount of Recovery Act funds to be used, and must be posted on OMB No.1121-0323 2 Approval Expires 9130/2009 a web site that is linked to Recovery.gov. (Refer to the OJP Recovery Act Additional Requirements web page at www.omp.usdol.gov/recovery/solicitationrequirements.htm for the text of section 1511.) Consistent with section 1511, all applicants under this solicitation must complete a "General Certification as to Requirements for Receipt of Funds for Infrastructure Investments," a template for which is included in the appendix. Recipients that are awarded funds for one or more infrastructure investment projects must also submit and post a certification that satisfies section 1511 as to each such specific project prior to obligating, expending, or drawing down funds for such a project. Applicants or recipients that intend to prepare a section 1511 certification should consult the OJP Recovery Act Additional Requirements web page at www.oip.usdoi.qov/recovery/solicitationreciuirements.htm. If a standard form becomes available, OJP will include a notice in the appropriate section of the web page. American Indian Tribes and Alaska Native Tribes and/or Tribal Organizations: If a grant application is being submitted on behalf of a tribe or tribal organization, a current authorizing resolution of the governing body of the tribal entity or other enactment of the tribal council or comparable government entity authorizing the inclusion of the tribe or tribal organization named in the application must be included with the application. JAG Program-Specific Information All awards are subject to the availability of appropriated funds and any modifications or additional requirements that may be imposed by law. Applicants also should anticipate that awards under the Recovery Act will be one-time awards and accordingly should propose project activities and deliverables that can be accomplished without additional DOJ funding. Established to streamline justice funding and grant administration, the JAG Program allows states, tribes, and local governments to support a broad range of activities to prevent and control crime based on their own local needs and conditions. JAG blends the previous Byrne Formula and Local Law Enforcement Block Grant (LLEBG) Programs to provide agencies with the flexibility to prioritize and place justice funds where they are needed most. Formula The Bureau of Justice Statistics (BJS) calculates, for each state and territory, a minimum base allocation which, based on the statutory JAG formula, can be enhanced by (1)the state's share of the national population and (2)the state's share of the country's Part 1 violent crime statistics. Once the state funding is calculated, 60 percent of the allocation is awarded to the state and 40 percent to eligible units of local government. States also have a variable percentage of the allocation that is required to "pass through" to units of local government. This amount, also calculated by BJS, is based on each state's crime expenditures. Additionally, the formula calculates direct allocations for local governments within each state, based on their share of the total violent crime reported within the state. Local governments that are entitled to at least $10,000 awards may apply directly to BJA for Local JAG grants. NOTE: Beginning in 2009, the formula calculation for the local portion of the JAG statute has changed significantly as a result of final implementation of the JAG statute. The statute, 42 U.S.C. 3755(d)(2)(B), specifies that for Fiscal Years 2005 through 2008, allocations to units of local government would follow the Local Law Enforcement Block Grant (LLEBG)formula. Pursuant to the statute, however, calculations for FY 2009 (and subsequent JAG calculations) OMB No.1121-0323 3 Approval Expires 9/30/2009 require that units of local government must have submitted to the FBI at least three years of Uniform Crime Report (UCR)data during the most-recent ten-year period for which UCR data are available (here, 1998-2007) in order to be eligible. As a result of this statutory requirement, several local governments that were eligible in prior years for JAG formula funding are ineligible this year due to a lack of compliant UCR data reporting. Award Amount The JAG allocation list established by the Bureau of Justice Statistics (BJS), and indicates the amount for which each unit of local government is eligible to apply. For a listing of eligible units of local government and eligible amounts, go to www.olP.usdo'.qov/BJA/recovervJAG/recovervaIlocations.html. Purpose Areas JAG funds may be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information systems for criminal justice, and criminal justice-related research and evaluation activities that will improve or enhance: • Law enforcement programs. • Prosecution and court programs. • Prevention and education programs. • Corrections and community corrections programs. • Drug treatment and enforcement programs. • Planning, evaluation, and technology improvement programs. • Crime victim and witness programs (other than compensation). Responsibilities The Chief Executive Officer(CEO) of an eligible unit of local government or a local agency designated by the CEO must submit the application for JAG funds. A unit of local government receiving a JAG award will be responsible for the administration of the funds including: distributing the funds; monitoring the award; submitting reports including performance measures and program assessment data; and providing ongoing oversight and assistance to any subrecipients of the funds. Administrative Funds A unit of local government may use up to 10 percent of the award for costs associated with administering JAG funds. Disparate Certification A disparate allocation occurs when a city or municipality is scheduled to receive one and one- half times (150 percent) more than a county with concurrent jurisdiction, while that county bears more than 50 percent of the costs associated with prosecution or incarceration of the municipality's Part 1 violent crime. Multiple disparate allocations occur when multiple cities or municipalities are collectively eligible to receive four times (400 percent) more than the county. JAG disparate jurisdictions are certified by the Director of the Bureau of Justice Assistance (BJA), based in part on input from the state's Attorney General. For a listing of disparate jurisdictions, go to www.00p.usdoi.gov/BJA/recoverviAG/recovervallocations.html. * Jurisdictions certified as disparate must identify a fiscal agent that will submit a joint application for the total eligible allocation. The joint application must specify the award distribution to each unit of local government and the purposes for which the funds will be OMB No.1121-0323 4 Approval Expires 9/30/2009 used. When beginning the JAG application process, a Memorandum of Understanding (MOU)that identifies which jurisdiction will serve as the applicant/fiscal agent for joint funds, must be completed, and signed by the Authorized Representative for each participating jurisdiction. The signed MOU should be attached to the application. For a sample MOU, go to www.o'p.usdoi.gov/BJA/recovervJAG/JAGrecoveryMOU.Pdf. Governing Body Review The applicant agency (fiscal agent) must make the grant application available for review by its governing body (or to the organization designated by that governing body) not fewer than 30 days before the application is submitted to BJA. Public Comment The Local JAG application must include a statement that the application was made public and that, to the extent of applicable law or established procedure, an opportunity to comment was provided to citizens and neighborhood or community organizations. Length of Awards Awards are made in the first fiscal year of the appropriation and may be expended during the following 3 years, for a total of 4 grant period years. Trust Fund Each unit of local government may draw down any or all JAG funds after acceptance of the award. To do so, a trust fund must be established in which to deposit the funds. The trust fund may or may not be an interest- bearing account. If subrecipients draw down JAG funds in advance, they also must establish a trust fund in which to deposit funds. Recipients of funds, however, should be aware that the authority to retain such advance funding may be withdrawn should the recipient persistently remain delinquent in applicable reporting required by the Recovery Act. Specific information relating to this will be detailed in grant award documents. Prohibited Uses No JAG funds may be expended outside of the JAG purpose areas. Even within the purpose areas, however, JAG funds may not be used directly or indirectly for security enhancements or equipment for nongovernmental entities not engaged in criminal justice or public safety. Nor may JAG funds be used directly or indirectly to provide for any of the following matters unless BJA certifies that extraordinary and exigent circumstances exist, making them essential to the maintenance of public safety and good order: • Vehicles (excluding police cruisers), vessels (excluding police boats), or aircraft (excluding police helicopters). • Luxury items. • Real estate. • Construction projects (other than penal or correctional institutions). • Any similar matters. Non-Supplanting Federal funds must be used to supplement existing state and local funds for program activities and must not replace those funds that have been appropriated for the same purpose. See the OJP Financial Guide (Part ll. Chapter 3). Additional information appears on the "OJP Recovery Act Additional Requirements"web page at www.oip.usdo'.-qov/recovecy/solicitationrequirements.htm. OMB No.1121-0323 Approval Expires 9/30/2009 5 Recovery Act: Buy American All applicants that propose to use grant funds to construct, alter, maintain, or repair a public building or public work should be aware that the Recovery Act (in section 1605) contains a "Buy American" provision that applies to iron, steel, and manufactured goods, subject to certain exceptions. The provision is to be applied in a manner consistent with United States obligations under international agreements. Government-wide guidance on this provision is not yet available, but is expected. For the text of section 1605, please refer to the ""OJP Recovery Act Additional Requirements"web page at www.oip.usdon.gov/recovery/solicitationrequirements.htm. Recovery Act: Wage Rate Requirements All applicants should be aware that the Recovery Act contains a provision on wage rate requirements that concerns projects funded or assisted by Recovery Act funds that employ laborers and mechanics. See section 1606 of the Recovery Act, the text of which appears on the "OJP Recovery Act Additional Requirements"web page at www.oii).usdoa.aov/recovery/solicitationreguirements.htm. Government-wide guidance on this provision is not yet available, but is expected. Recovery Act: Preference for Quick-Start Activities Pursuant to section 1602 of the Recovery Act, recipient of funds under this solicitation for infrastructure investment are to give preference to activities that can be started and completed expeditiously, and also are expected to use grant funds in a manner that maximizes job creation and economic benefit. For the details of this requirement, please refer to the text of section 1602, which appears on the "OJP's Recovery Act Additional Requirements"web page at www.oip.usdom.gov/recovery/solicitationreciuirements.htm. Recovery Act: Contracts Generally speaking, the Recovery Act places special emphasis on the use of fixed-price contracts awarded through competitive procedures. As information becomes available, OJP will provide guidance to applicants as to what, if any, particular procurement requirements or procedures may apply to contracts awarded with Recovery Act grant funds, apart from those that appear in 28 C.F.R. Part 66 and 28 C.F.R. Part 70. Recovery Act: Limit on Funds The Recovery Act specifically provides that funds may not be used by any state or local government, or any private entity, for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. Recovery Act: Use of Funds in Conjunction with Funds from Other Sources. Recovery Act funds may be used in conjunction with other funding as necessary to complete projects, but tracking and reporting of Recovery Act funds must be separate, to meet the reporting and other requirements of the Recovery Act and other applicable law. There can be no commingling of funds. (See "Accountability and Transparency under the Recovery Act," below.) Accountability and Transparency under the Recovery Act Separate Tracking and Reporting of Recovery Act Funds and Outcomes Consistent with the special purposes and goals of the Recovery Act, and its strong emphasis on accountability and transparency, it is essential that all funds from a Recovery Act grant be tracked, accounted for, and reported on separately from all other funds (including DOJ grant OMB No.1121-0323 6 Approval Expires 9/30/2009 funds from non-Recovery Act grants awarded for the same or similar purposes or programs). Recipients must also be prepared to track and report on the specific outcomes and benefits attributable to use of Recovery Act funds. The accounting systems of all recipients and subrecipients must ensure that funds from any award under this Recovery Act solicitation are not commingled with funds from any other source. Misuse of grant funds may result in a range of penalties, including suspension of current and future funds, suspension or debarment from federal grants, recoupment of monies provided under a grant, and civil and/or criminal penalties. Quarterly Financial and Programmatic Reporting Consistent with the Recovery Act emphasis on accountability and transparency, reporting requirements under Recovery Act grant programs will differ from and expand upon OJP's standard reporting requirements for grants. In particular, section 1512(c) of the Recovery Act sets out detailed requirements for quarterly reports that must be submitted within 10 days of the end of each calendar quarter. Receipt of funds will be contingent on meeting the Recovery Act reporting requirements. Under this Recovery Act program, quarterly financial and programmatic reporting will be required, and will be due within 10 calendar days after the end of each calendar quarter, starting July 10, 2009. Programmatic and Financial Reporting Due Dates Periods October- December January 10 January- March Aril 10 April-June July 10 July-September October 10 The information from grantee reports will be posted on a public website. To the extent that grant funds are available to pay a grantee's administrative expenses, those funds may be used to assist the grantee in meeting the accelerated time-frame and extensive reporting requirements of the Recovery Act. Recovery Act grant recipients may expect that the information posted by OJP will identify grantees that are delinquent in their reporting. In addition, in keeping with standard OJP practice, grant recipients who do not submit required reports by the due date will not be permitted to draw down funds thereafter, during the pendency of the delinquency, and may be subject to other appropriate actions by OJP, including, but not limited to, restrictions on eligibility for future OJP awards, restrictions on draw-down on other OJP awards, and suspension or termination of the Recovery Act award. Funding recipients may expect that a standard form and/or reporting mechanism may be available. Additional instructions and guidance regarding the required reporting will be provided as they become available. For planning purposes, however, all applicants should be aware that the Recovery Act section 1512(c) provides as follows: OMB No.1121-0323 Approval Expires 9/30/2009 Recipient Reports: Not later than 10 days after the end of each calendar quarter, each recipient that received recovery funds from a Federal agency shall submit a report to that agency that contains— (1)the total amount of recovery funds received from that agency; (2)the amount of recovery funds received that were expended or obligated to projects or activities; and (3) a detailed list of all projects or activities for which recovery funds were expended or obligated, including-- (A) the name of the project or activity; (B) a description of the project or activity; (C) an evaluation of the completion status of the project or activity; (D) an estimate of the number of jobs created and the number of jobs retained by the project or activity; and (E) for infrastructure investments made by State and local governments, the purpose, total cost, and rationale of the agency for funding the infrastructure investment with funds made available under this Act, and name of the person to contact at the agency if there are concerns with the infrastructure investment. (4) Detailed information on any subcontracts or subgrants awarded by the recipient to include the data elements required to comply with the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), allowing aggregate reporting on awards below $25,000 or to individuals, as prescribed by the Director of the Office of Management and Budget. Subawards under Recovery Act Grants Reporting; DUNS and CCR. As indicated above, quarterly reporting requirements for Recovery Act awards include reporting with respect to subawards. In order to facilitate that reporting, award recipients must work with their first-tier subawardees (if any)to ensure that, no later than the due date of the award recipient's first quarterly report after a subaward is made, the subawardee has a DUNS numbers and is registered with the Central Contractor Registration (CCR)database. See "Deadline: Registration,"above, for more information on CCR and DUNS numbers. Monitoring of subawards. All applicants should bear in mind that any recipient of an award under this solicitation will be responsible for monitoring of subawards under the grant in accordance with all applicable statutes, regulations, OMB circulars, and guidelines, including the OJP Financial Guide. Primary recipients will be responsible for oversight of subawardee spending and monitoring of specific outcomes and benefits attributable to use of Recovery Act funds. Reporting Fraud, Waste, Error, and Abuse Each grantee or subgrantee awarded funds made available under the Recovery Act is to promptly refer to an appropriate inspector general any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has submitted false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving Recovery Act funds. You may report potential fraud, waste, abuse, or misconduct to the U.S. Department of Justice, Office of the Inspector General (OIG) by— OMB No.1121-0323 Approval Expires 9/30/2009 8 mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530 e-mail: oig.hotline @usdoj.gov hotline: (contact information in English and Spanish): (800) 869-4499 or hotline fax: (202)616-9881 Additional information is available from the DOJ OIG web site at www.usdoi.gov/oig/. The Recovery Act provides certain protections against reprisals for employees of non-Federal employers who disclose information reasonably believed to be evidence of gross management, gross waste, substantial and specific danger to public health or safety, abuse of authority, or violations of law related to contracts or grants using Recovery Act funds. For additional information, refer to section 1553 of the Recovery Act. Performance Measures To assist in fulfilling the accountability objectives of the Recovery Act, as well as the Department's responsibilities under the Government Performance and Results Act of 1993 (GPRA), Public Law 103-62, applicants who receive funding under this solicitation must provide data that measure the results of their work. In addition, applicants must discuss their data collection methods in the application. The following are required measures for awards made under the Recovery Act: Objective PeftrMaince Measures Date the grantee provides Description for 3-morrth reporting period (Plain language explanation of What exactly I being provided), Recovery Act: Number of jobs saved (by type)due to a)How many jobs were An unduplicated number of Preserving jobs Recovery Act funding, prevented from being jobs that would have been eliminated with the Recovery eliminated if not for the Act funding during this Recovery Act funding during reporting period? the three-month quarter. Report this data for b)How many jobs that were each position only once during eliminated within the last 12 the grant.A job can include full months were reinstated with time, part time,contractual,or Recovery Act funding? other employment relationship. Recovery Act: Number of jobs created (by type)due to How many jobs were created An unduplicated number of Creating jobs Recovery Act funding. with Recovery Act funding this jobs created due to Recovery reporting period? Act funding during the three month quarter. Report this data for each position only once during the grant.A job can include full time,part time, contractual,or other employment relationship. OMB No.1121-0323 9 Approval Expires 9/30/2009 In addition, new performance measures specific to the JAG Program have been developed by BJA with input from criminal justice members in the field (including SAAs). The performance measures can be found at: www.o*p.usdot.gov/BJA/grant/JAG Measures.pdf. How to Apply Grants Management System Instructions. Applications must be submitted through OJP's online Grants Management System (GMS). To access the system, go to https:H-grants.ojp.usdoj.gov. Applicants should begin the process a few weeks prior to the GMS registration deadline, especially if this is the first time they have used the system. Each application requires a separate GMS registration. For a step-by-step guide, visit http://www.o'p.gov/gmscbt/and refer to the section entitled "External Overview-Locating& Applying for Funding Opportunities." For additional assistance, call the GMS Support Hotline at 1-888-549-9901 from 7:00 a.m. to 9:00 p.m. Eastern Time. Note: OJP will not review any application whose attachments are in Microsoft Vista or Microsoft 2007 format. Applications submitted via GMS must be in the following formats: Microsoft Word (*.doc), Word Perfect (*.wpd), Microsoft Excel (*.xls), PDF files (*.pdf), or Text Documents (*.t(t). GMS is not yet compatible with Vista and cannot yet process Microsoft Word 2007 documents saved in the new default format with the extension ".docx." Please ensure that any Word documents you are submitting are saved using "Word 97-2003 Document (*.doc)" format. Additionally, GMS does not accept executable file types as application attachments. These disallowed file types include, but are not limited to, the following extensions: ".com," ".bat," ".exe," ".vbs," ".cfg," ".dat," "Ab," ".dbf," "All," ".ini," ".log," ".ora," ".sys," and ".zip." Recovery Act CFDA Number: The Catalog of Federal Domestic Assistance (CFDA) number for this solicitation is 16.804, titled "Recovery Act: Edward Byrne Memorial Justice Assistance Grant (JAG) Program/Grants to Units of Local Territories." What an Application Must Include Standard Form 424 Program Narrative (Attachment 1) Applicants must submit a program narrative that describes the proposed program activities for the 4-year grant period. The narrative must outline the type of programs to be funded by the JAG award and provide a brief analysis of the need for the programs. Narratives must also identify anticipated coordination efforts involving JAG and related justice funds. Certified disparate jurisdictions submitting a joint application must specify the funding distribution to each disparate unit of local government and the purposes for which the funds will be used. The program narrative must include: • Project objectives that are linked to meaningful and measurable outcomes consistent with the goals of the Recovery Act, and the likelihood of achieving such outcomes, such as job creation and preservation. • Organization capabilities and competencies, including a description of how the organization will track all drawdowns and grant expenditures separately from other federal funding. • Activities that can be started and completed expeditiously, and in a manner that maximizes job creation and economic benefits. • Timeline or project plan identifying when the goals and objectives will be completed. OMB No.1121-0323 1 Approval Expires 9/30/2009 9 • Performance measures established by the organization to assess whether grant objectives are being met. Budget and Budget Narrative (Attachment 2) Applicants must submit a budget and budget narrative outlining how JAG funds, including administrative funds if applicable, will be used to support and implement the program. A sample budget form may be found at www.oir).usdoi.gov/funding/forms/budget detail.pdf. Review Narrative (Attachment 3) Applicants must include in this attachment documentation regarding the following requirements: • Include the date that the JAG application was made available for review by the applicant's governing body. This governing.body notification must occur no less than 30 days before submission to BJA. • Include a statement that the application was made public and that, to the extent of applicable law or established procedure, an opportunity to comment was provided to citizens and neighborhood or community organizations. • If the applicant is part of a disparate jurisdiction, include the Memorandum of Understanding (MOU), which has been executed and signed by each jurisdiction's Authorized Representative, outlining each jurisdiction's allocation and indicating which jurisdiction is serving as the applicant/fiscal agent for the joint funds. Abstract (Attachment 4) Applicants must provide an abstract which includes the applicant's name, title of the project, the goals of the project, a description of the strategies to be used, major deliverables, and coordination plans. The abstract must not exceed one-half page, or 400-500 words. Certifications (Attachment 5) See the Appendix. Review Process OJP is committed to ensuring a standardized process for awarding grants. The Bureau of Justice Assistance reviews the application to make sure that the information presented is reasonable, understandable, measurable, and achievable, as well as consistent with program or legislative requirements as stated in the solicitation. Absent explicit statutory authorization or written delegation of authority to the contrary, all final grant award decisions will be made by the OJP Assistant Attorney General (AAG). Additional Requirements Successful applicants selected for awards under this Recovery Act solicitation must agree to comply with additional applicable requirements prior to receiving grant funding. We strongly encourage you to review the list below pertaining to these additional requirements prior to submitting your application. Additional information for each can be found at www.oii).u.sdo'.qov/recovery/solicitationreguirements.htm. • Civil Rights Compliance OMB No.1121-0323 Approval Expires 9/30/2009 11 • Funding to Faith-Based Organizations • Confidentiality and Human Subjects Protection • Anti-Lobbying Act • Financial and Government Audit Requirements, includes Single Audit Act Requirements • National Environmental Policy Act (NEPA) • DOJ Information Technology Standards • Single Point of Contact Review • Non-Supplanting of State and Local Funds • Criminal Penalty for False Statements • Compliance with Office of Justice Programs Financial Guide • Suspension or Termination of Funding • Non-Profit Organizations • For-Profit Organizations • Government Performance and Results Act (GPRA) • Rights in Intellectual Property • Federal Funding Accountability and Transparency Act (FFATA)of 2006 • Recovery Act Reporting Requirements; Section 1512(c) of the Recovery Act • Section 1511 of the Recovery Act: Certifications • Section 1602 of the Recovery Act: Preference for Quick-Start Activities • Section 1604 of the Recovery Act: Limit on Funds • Section 1605 of the Recovery Act: Buy American • Section 1606 of the Recovery Act: Wage Rate Requirements • Section 1607 of the Recovery Act: Additional Funding Distribution and Assurance of Appropriate Use of Funds • Section 1609 of the Recovery Act: Relating to National Environmental Policy Act OMB No.1121-0323 Approval Expires 9130/2009 12 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 apply for and receive funding for the City of Beaumont in the amount of $818,795 from the Edward Byrne Memorial Justice Assistance Grant Program for law enforcement equipment and programs; and, BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized to execute an interlocal agreement to reallocate funds in the amounts of$171,332 to the City of Port Arthur, $21,711 to the City of Nederland, $13,690 to the City of Groves, $9,818 to the City of Port Neches, and $137,892 to Jefferson County. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21 st day of April, 2009. - Mayor Becky Ames - IU79JCity Council Agenda Item M - w TO: City Council FROM: Kyle Hayes, City Manager -r-LZ)- PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: April 21, 2009 REQUESTED ACTION: City Council authorize the City Manager to approve the Texas Department of Transportation Change Order No. 1 for the Willow Street Streetscape Project and acknowledge the potential increase/decrease in the City's contribution to the project. RECOMMENDATION Administration recommends City Council authorize the City Manager to approve the Texas Department of Transportation (TxDOT) Change Order No. 1 for the Willow Street Streetsca.pe Project and acknowledge the potential increase/decrease in the City's contribution to the project. BACKGROUND The City of Beaumont has received funds through TxDOT, under the Congressional High Priority funding category,to construct streetscape improvements on Willow Street between North Street and Crockett Street. The proposed scope of work includes the installation of decorative lighting, brick paver sidewalks,landscaping and street pavement improvements.The maximum Federal participation in the $1,320,000 project is $512,000 or approximately 39%. The City's participation is $808,000 or approximately 61% of the total estimated cost. The project plans included the installation of radar vehicle sensing devices,at signalized intersections, which are not designed for their intended service. These devices will be removed from the contract and the City will be responsible for the installation of the proper equipment.Additionally,this change order includes installation of one Large Roadside Sign Assembly foundation for the installation of three existing signs. BUDGETARY IMPACT Although the City's participation in this contract will be reduced by$38,025,the cost to the City to purchase and install the correct equipment will offset the reduction realized by this change order. TEXAS DEPARTMENT OF TRANSPORTATION CONSTRUCTION CONTRACT CHANGE ORDER NUMBER: 01 Advance Funding Agreement(Third Party Funding)Information This form is used when the subject change order involves funding by a source other than TxDOT/U.S. DOT. 1. Outside funding provided by: CCSJ: 0028-07-051 City of Beaumont (Outside Entity's Legal Name) Project: HP 2008(818) 2. Type of outside funding agreement for this change: Highway: us 90 (]Existing ❑Amended ❑New County: Jefferson [Check one] District: Beaumont 3. Indicate the type and amount of funding: Contract ❑Fixed Price(Lump Sum) (Estimated Amount -$32,500.00 } Number: 11083212 F/jActual Cost (a) Contract Items(Bid Items): 432,500.00 Use as needed: I hereby approve the modifications covered by Form CO (b) E&C": (a)x 17.00% _ -$5,525.00 for this Change Order and agree to finance the additional enter% costs,if any,as reflected by this form. (c) Indirect Cost": (a+ b)x 0.00% _ $0.00 enter% Advance Funding Date TOTAL -$38,025.00 By Type/Printed Name Typed/Printed Title Y bT. E, t Advance Funding for this Change Order has been arranged: District Engineer Date Typed/Prinnted Name: Randall C.Redmond TXDOT Form CO-AFA(Rev.5.2003) I , � CHANGE ORDER NBR. 1 REPORT DATE: 03/09/09 3 CONTRACT ID: 002807051 HIGHWAY: US 90 PROJECT: HP 2008(818) DISTRICT: 20 CONTRACT: 11083212 COUNTY. JEFFERSON CONTRACT PRICE: $1,408,452.95 AREA ENGINEER: Duane Browning,P.E. CONTRACTOR: ENCINO LANDSCAPE, INC. AREA NUMBER: 051 CO AMOUNT: -$32,500.00 CO TYPE: STATE LETTER OF AUTH-NON-PART DESCRIPTION: Vehicle Detection System-Drilled Shaft for LRSA 3RD PARTY AMOUNT. $0.00 REASON: 16 - INCORRECT PSBE(CONSULTANT DESIGN) APPRV LEVEL: Area Engineer SECONDARY REASON(S): DESCRIBE THE REASON FOR THE CHANGE ORDER AND WHAT IS BEING CHANGED. WHEN NECESSARY,INCLUDE EXCEPTIONS TO THIS AGREEMENT: Project plans specify the use of Radar Vehicle Sensing Devices.These devices are not designed to provide the intended service and are hereby removed from the contract.The City of Beaumont will provide and install the Video Imaging Vehicle Detection Systems. Remove existing Large Roadside Sign Assembly foundation located at approximate station 0+77 left of centedin e and install new LRSA foundation for placement of existing signs 4.5 and 6. "By signing this change order,the contractor agrees to waive any and all claims for additional compensation due to any and all other expenses;additional changes for time, ovemead and profit;ar loss of compensation as a result of this change and that this agreement is made in accordance Item 4 and the Contract.Exceptions should be noted in explanation above." THE CONTRACTOR BY: DISTRICT ENGINEER: DATE DATE TYPEDIPRINTED NAME: DIRECTOR,CONSTRUCTION DIVISION: DATE DATE TYPEDIPRINTED TITLE: AED For Eng.Operations: DATE DATE AREA ENGINEER: FHWA: DATE DATE AREA ENGINEER'S SEAL: CONTRACT ID 002807051 CHANGE ORDER NBR. 1 Page 2 of 2 CONTRACT ITEMS PROJECT NBR 002807051 CATG LINE ITEM SP DESCRIPTION UNIT UNIT ORIG♦PREV QTY NEW AMOUNT NBR ITEM CODE NBR PRICE REV QTY THIS CO QTY THIS CO 001 0150 04162031 001 DRILL SHAFT(TRF SIG POLE)(30 IN) LF 300.00000 80.000 10.000 90.000 $3,000.00 001 0475 06902063 000 REMOVAL OF CONCRETE FOUNDATIONS EA 500.00000 10.000 1.000 11000 $500.00 001 0b10 81312001 000 RADAR VEHICLE SENSING DEVICE EA 9,000.000x0 4.000 -4.000 0.000 •$36,000,00 CHANGE ORDER AMOUNT -$32,500.00 Texas Department of Transportation 8450 Eastex Freeway •Beaumont, Texas 77708 .409 924-6521 March 9, 2009 Mr. Tom Warner, P. E. Director of Public Works City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 Project: HP 2008(818) Control: 0028-07-051 Highway: US 90 County: Jefferson Contract: 11083212 Dear Mr. Warner, Attached is Change Order No. 1 for the referenced project. For your information, Mr. Jacob Benfield, City of Beaumont Traffic Engineer helped with the development of this change order. We request your review and approval prior to forwarding to the contractor for further execution. Should you have any questions, please call me or Karl Hunter at (409) 924-6521. Sincerely, �1(�Gv-yt,�.rnl Duane L. Browning, P. E. j Beaumont Area Engineer c: File REDUCE CONGESTION -ENHANCE SAFETY-EXPAND ECONOMIC OPPORTUNITY-IMPROVE AIR QUALITY INCREASE THE VALUE OF OUR TRANSPORTATION ASSETS An Equa!Opportunity Employer RESOLUTION NO. 07-126 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 Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT)for the Willow Street Streetscape Project. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Bea nt this 10p 1 st day of May, 2007. gF�otij,`��� ��A '�{c��1ti - Mayor Guy N. Goodson - i '� u / i i�1++ V CSJ#0920-38-188 District#20 Code Chart 64#03200 Project: Willow St. Streetscape STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For a Supplemental Transportation Project (Off State System) THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the City of Beaumont, Texas acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, a Master Agreement between the Local Government and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA; and, WHEREAS, the Texas Transportation Commission passed Minute Order 110266 that provides for the development of, and funding for, the project described herein; and, WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by resolution or ordinance dated , which is attached hereto and made a part hereof as Attachment A for development of the specific project which is identified in the location map shown as Attachment B. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. The period of this LPAFA is as stated in the Master Agreement, without exception. 2. Termination of this LPAFA shall be under the conditions as stated in the Master Agreement, without exception. 3. Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. 4. Scope of Work. The scope of work for this LPAFA is described as streetscape improvements (lighting, landscaping, street and sidewalk) along Willow Street from North Street south to Crockett Street as shown in Attachment "B". 5. Right of Way and Real Property shall be the responsibility of the Local Government, as stated in the Master Agreement, without exception. 6. Adjustment of utilities will be provided by the Local Government as required and as stated in the Master Agreement without exception. AFA—LPAFA_OffSys Page 1 of 7 EXHIBIT "A" Revised 12/4/06 CSJ#0920-38-188 District#20 Code Chart 64#03200 Project: Willow St. Streetscape 7. Environmental Assessment and Mitigation will be carried out by the Local Government, without exception. 8. Compliance with Texas Accessibility Standards and ADA will be as stated in the Master Agreement, without exception. 9. Architectural and Engineering Services will be provided by the Local Government, as stated in the Master Agreement, without exception. The Local Government is responsible for performance of any required architectural or preliminary engineering work. The State may review and comment on the work as required to accomplish the public purposes of the Local Government. The State will cooperate fully with the Local Government in accomplishing these local public purposes to the degree permitted by State and Federal law. 10. Construction Responsibilities will be carried out by the State, as stated in the Master Agreement, without exception. 11. Project Maintenance will be undertaken as provided for in the Master Agreement, without exception. 12. Local Project Sources and Uses of Funds a. Project Cost Estimate: A Project Cost Estimate is provided in Attachment C. Any work done prior to federal authorization will not be eligible for reimbursement. It is the Local Government's responsibility to verify with the State that the Federal Letter of Authority has been issued for the work covered by this Agreement. b. A Source of Funds estimate is also provided in Attachment C. Attachment C shows the percentage and absolute dollar amount to be contributed to the project by federal, state, and local sources. c. The Local Government is responsible for all non-federal and non-state funding, including all project cost overruns, unless provided for through amendment of this agreement. d. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering review for the project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. e. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. f. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement. g. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other AFA—LPAFA_OffSys Page 2 of 7 Revised 12/4/06 CSJ#0920-38-188 District#20 Code Chart 64#03200 Project: Willow St. Streetscape locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the local government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. h. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 13. Document and Information Exchange. The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. 14. Incorporation of Master Agreement Provisions. This LPAFA incorporates all of the overnin g 9 provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final execution of this LPAFA, unless such MAFA provision is specifically excepted herein. 15. Insurance. If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 16. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT By: �� l (Signature) Title: Date: L1-Z0 - 07 AFA—LPAFA_OffSys Page 3 of 7 Revised 1214106 CSJ#0920-38-188 District#20 Code Chart 54#03200 Project: Willow St. Streetscape THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: Janice Mullenix Director of Contract Services Section Office of General Counsel Texas Department of Transportation Date: AFA-LPAFA-OffSys Page 4 of 7 Revised 12/4/06 CSJ#0920-38-188 District#20 Code Chart 64#03200 Project: Willow St. Streetscape ATTACHMENT A RESOLUTION OF LOCAL GOVERNMENT APPROVING THIS LPAFA AFA—LPAFA—OffSys Page 5 of 7 Revised 1214106 CSJ#0920-38-188 District# 20 Code Chart 64#03200 Project: Willow St. Streetscape ATTACHMENT B PROJECT LOCATION MAP IN 9f Begin Project t "dwa End �a Project ' t AFA—LPAFA_OffSys Page 6 of 7 Revised 12/4/06 ATTACHMENT C Project Budget Estimate and Source of Funds The Local Government will participate in the cost of streetscape improvements (lighting, landscaping, street and sidewalk) along Willow Street from North Street south to Crockett Street as shown in Attachment "B". Based on the Congressional High Priority funding category, the Local Government's participation is 20% of the preliminary engineering review costs for these improvements. The remaining costs for this item will be funded 80% by federal funds. Federal funds will also cover 80% of the construction costs for the improvements up to a maximum Federal share of $512,000.00 for the entire project. All remaining construction costs will be paid by the Local Government. The State has estimated the project to be as follows: Total Description Estimate Cost Federal State Local Participation Participation Partici ation % Cost % cost % Cost PRELIMINARY ENGINEERING COSTS Prelimina. En ineerin Review $5,000.00 80% $4,000.00 091, $0.00 200% $1,000.00 CONSTRUCTION COSTS Construction $850,000.00 $508,000.00 0% $0.00 $342,000.00 Direct State Costs(including plan review,inspection and oversight) $144,500.00 0% $0.00 0% $0.00 100% $144,500.00 Estimated at 17%of construction Indirect State Costs(no local participation required except for $0.00 0% $0.00 0% $0.00 0% $0.00 service projects) TOTAL $999,500.00 $512,000.00 $0.00 $487,500.00 * - The breakdown for the Construction cost is as follows: $850,000.00—total cost $508,000.00—federal participation which will be matched by local funds $342,000.00— local participation based on a local match of the federal funds (80 0/o/20%) in the amount of $127,000 and a local contribution in the amount of $215,000 to fund the construction cost overrun at 100%. Direct State Costs will be based on actual charges. Local Government's Participation = $487.500.00 It is understood that the proposed improvements will be done by the State and the Local Government will transmit to the State with the return of this Agreement, executed by the Local Government, a warrant or check in the amount of $1,000.00 made payable to the "Texas Department of Transportation Trust Fund" to be used solely for the cost of improvements as requested by the Local Government. It is further understood that the State will include only those items for the improvements as requested and required by the Local Government. This is a construction estimate only, final participation amounts will be based on actual charges to the project. AFA—LPAFA—OffSys Page 7 of 7 Revised 1214106 RESOLUTION NO. WHEREAS, on May 1, 2007, the City Council passed Resolution No. 07-126 authorizing the execution of a Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the Willow Street Streetscape Project; and WHEREAS, the City of Beaumont's participation in the project is $808,000 or approximately 61% of the total estimated cost; and WHEREAS, Change Order No. 1 in the amount of (-$32,500.00) is required to remove from the contract the installation of radar vehicle sensing devices, which are not designed for their intended service, at signalized intersections and to provide for the installation of one large roadside sign assembly foundation for the installation of three (3) existing signs; WHEREAS, the cost to the City to purchase and install the correct equipment may offset the reduction realized by Change Order No. 1; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to approve the modification to the Willow Street Streetscape Project reflected in Change Order No. 1 in the amount of (-$32,500). BE IT FURTHER RESOLVED that the City Council acknowledges the potential increase/decrease in the City of Beaumont's contribution to the Willow Street Streetscape Project as a result of Change Order No. 1. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of April, 2009. - Mayor Becky Ames - J RICH WITH OPPORTUNITY BEA,UMON* City Council Agenda Item T • E • X • A • S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: April 21, 2009 REQUESTED ACTION: Council consider Change Order Nos. 1 and 2 for extra work on the City Hall First Floor Renovations project. RECOMMENDATION Administration recommends approval of Change Order Nos.l and 2 totaling $22,831.23 to Bruce's General Construction. BACKGROUND On December 9, 2008 Council awarded the construction contract to renovate the first floor of City Hall to Bruce's General Construction, Inc. of Beaumont in the amount of$610,000. Change Order No. 1 provides for the following additional work: • Partial removal and reinstallation of the stage and wall in Council Chambers to allow access for conduit. • Additional coat of bonding primer to doors and frames for better adhesion. • Change specified water coolers to refrigerated units. • Relocate door in HR Training Room hallway. • Removal of existing VCT and installation of new ceramic tile and cove base in HR Training Room. The total of these changes is $17,1043.85 and will be deducted from the$20,000 Contingency Allowance in the construction contract. This will leave a Contingency balance of$2,895.15. The cost of Change Order No. 1 does not affect the contract amount of$610,000. Change Order No. 2 includes the cost for converting an existing janitor's closet into a new employee's restroom and a minor addition to the hallway leading to the HR Training Room. The City Hall First Floor Renovation April 17, 2009 Page 2 total cost of Change Order No. 2 is $5,726.38, thus increasing the contract total to $615,726.38. The combination of Change Order Nos. 1 and 2 total $22,831.23 which represents approximately 3.7% of the original contract amount. The date of substantial completion remains unchanged. Copies of both Changes Orders are attached for review. BUDGETARY IMPACT Change Order No. 1 in the amount of$17,104.85 will be deducted from the Contingency Allowance and will not alter the budget for this project. Funds are available in the Capital Program for Change Order No. 2 in the amount of$5,726.38. Document G701 TM - 2001 Change Order PROJECT(Name and address): CHANGE ORDER NUMBER:001 OWNER: BEAUMONT CITY HALL FIRST DATE:February 03,2009 ARCHITECT: FLOOR RENOVATION PO Box 3827 CONTRACTOR: Beaumont,TX 77704 TO CONTRACTOR(Name and address): ARCHITECT'S PROJECT NUMBER:07101 FIELD:❑ BRUCE'S GENERAL CONTRACT DATE: December 17,2007 OTHER:❑ CONSTRUCTION CONTRACT FOR:General Construction 1175 Reynolds Road Beaumont,TX 77707 THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable,any undisputed amount attributable to previously executed Construction Change Directives) Deduct from Contingency Allowance(see attached) $17,104.85 The original Contract Sum was $ 6!4,o9g-99 10,000, c The net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order was $ 61,909.9 {yj C�0 u. The Contract Sum will be increased by this Change Order in the amount of $ 0.00 The new Contract Sum including this Change Order will be $ 61 1,999.06 0041 The Contract Time will be increased by Zero(0)days. The date of Substantial Completion as of the date of this Change Order therefore is NOTE:This Change Order does not include changes in the Contract Sum,Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor,in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. Architectural Alliance Inc. Bruce's General Construction City of Beaumont ARCHITECT(Firm name) CONTRACTOR(Firm name) OWNER(Firm name) 6654 Phelan Blvd 1 175 Reynolds Road PO 3827 Beaumont,TX 777 Beaumont,TX 77707 Beaumont,TX 77704 ADDR ADORE ESS r BY gnanne) nature) B(YY(Signature) J.Rob C►ark Sean Tilley Beadle KY)e Pa Vej (Typed name) (Typed name) (Typed name) 2 . 3 -o9 z - C;)3 DATE DATE DATE AIA Document G701 T"—2001.Copyright 0 1979,1987,2000 and 2001 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:27:04 on 02/03/2009 under Order No.1000369257_1 which expires on 9/5/2009,and is not for resale. User Notes: (47682089) February 3, 2009 REQUEST FOR CHANGE ORDERS (RFC#1-5) CITY OF BEAUMONT - 1 ST FLOOR RENOVATIONS AAI PROJECT#07101 CASH ALLOWANCES: 1. CONTINGENCY ALLOWANCE: $20,000.00 A. Deduct RFC#1 ($3,662.00) ($3,662.00) (Council Chambers Conduit) B. Deduct RFC#2 ($2,000.00) ($2,000.00) (Bundin primer-all doors) C. Deduct RFC#3 ($450.00) ($450.00) (Change to Ref.edfs) D. Deduct RFC#4($1,725.00) ($1,725.00) (Relocate door in Room 130) E, Deduct RFC#5 ($9,267.85) ($9,267.85) Subtotal Remaining Contingency Allowance) $2,895.15 2. MISCELLANEOUS DOOR HARDWARE ALLOWANCE: $5,000.00 3. MISCELLANEOUS SIGNAGE ALLOWANCE: $5,000.00 4. MISCELLANEOUS TECHNOLOGY ALLOWANCE: $5,000.00 TOTAL ALLOWANCE BALANCE: $17,895.15 Bruce's General Construction, 1175 Reynolds Rd. 0� Beaumont, TX 77707 Phone: (409) 866-6245 Fax: (409) 866-8245 s To: CITY OF BEAUMONT P O BOX 3827 Beaumont, TX 77704 Project: BMT148 - 1ST FLOOR RENOVATIONS RFC No: 1 Date: 1/20/2009 Description: Remove partial stage and wall and reinstall to allow access to run described conduits.See attached proposal for description. Contingency will be reduced by<$3,662.00> The above work is subject to the same conditions as specified in the original contract unless otherwise stipulated. Upon approval the sum of$0.00will be added to the contract price. Original Contract $611,000.00 Other Approved Change Orders $0.00 Total Contract to Date $611,000.00 This Request $0.00 Other Pending Requests $0.00 Total Contract plus Pending RFCs $611,000.00 Authorized Signature: Date: 07 e's General Construction, Authorized Signature: �C �' Date: / 2 q-06 C OF BEAUMO / 02/02/2009 15:07 4097854733 PUBLIC_WORKS_NO_2 PAGE 02/05 Feb, 2. 2009 12: 17PM Na. 0814 P. 2 Bruce's General Construction.) .1175 Reynolds Rd. Beaumont,TX 77707 Phone; (409) 866-6245 Pax; (409)866-8245 IT To: CITY OF BPAUMONT P O BOX 3827 Beaumont, TX 77704 Project! BMT148 - IST FLOOR RENOVATIONS RFC No: 2 Date: 1/20/2004 Description; Add one coat of bonding primer to all doors and frames to allow for better adhesion. Contingency will be reduced by<$2,000.00> subject to the same conditions as specified in the original contract b p The above work is su � unless otherwise stipulated. Upon approval the sum of$0.00wHl be added to the contract price. Original Contract $610,000.00 Other Approved Change Orders $0.00 Total Contract to Date $610,000,00 This Request $0.00 Other Pending Requests $11,442.85 Total Contract plus Pending RFCs $621,442.85 Authorized Signature; Date: Brace's General Construction, Authorized Signature: Dater V 1 CITY OF BEAUMONT I 02/02/2009 15:07 4097854733 PUBLIC_WORKS_NO_2 PAGE 03/05 No. 0874 P. 3 Feb. 2. 2009 12 : 17PM Bruce's General Construction, 1175 Royaolds Rd. Beaumont,TX 77707 Phone; (409) 866-6245 Fax: (409) 866-8245 14111 1) To: CITY OF BEAUMONT P0 BOX 3827 Beaumont,TX 77704 Project: BMT148- 1 ST FLOOR RENOVATIONS RFC No. 3 Date: 1/29/2009 Description: Change specified water coolers to refrigerated in lieu of what is specified The above work is subject to the same conditions as speoified in the original contract unless otherwise stipulated. Upon approval the sum.of$450.00will be added to the contact price, Original Contract $610,000.00 Other Approved Change Orders $0.00 Total Contract to Date $610,000.00 This Request $450.00 Other Pending Requests $10,992.85 Total Contract plus Pending RFCs $621,442.85 Authorized Signature: Date: Bruce's General Construction, Authorized Signature. Date: C17Y OF BEAUMONT 02/02/2009 15:07 4097854733 PUBLIC_WORKS_NO_2 AGE 04/05 N0. 0874 P, P Feb, 2, 2009 12: 17PM Bruce's General Constiruct0on, 1175 Reynolds Rd. Beaumont,TX 77707 Phone: (409) 866-6245 Pax: (409) 866-8245 To: CITY OF BEAUMONT P 0 BOX 3827 Beaumont,TX 77704 Project; 13MT148 - 1ST FLOOR RENOVATIONS RFC No: 4 Date: 1/29/2009 Description, Relocate door in hall to 0 o to edge hallway in newconference l en tion,6. Also install additional wall p p g The above work is subject to the same Conditions as specified in the original contract unless otherwise stipulated. Upon approval the sum.of$1,72S,00will be added to the contract price. Original Contract $610,000.00 Other Approved Change Orders $0.00 Total Contract to Date $610,000.00 This Request $1,725.00 Other Pending Requests $9,717,85 Total Contract plus Pending RFCs $621,442.85 Authorized Signature: Date: Bruce's General Construction, Autborized Signature: 1'J� Date:�# C17 Of BEAUMONT 02/02/2009... .1.5:.07 4097854733 PUBLIC_WORKS_NO_2 PAGE 05/05 ---- — No. 0874 F. 5 Feb. 2. 2009 IM7PM Bruce's General Construction, 1175 Reynolds Rd. Beaumont,TX 77707 phone: (409) 866-6245 Fax: (409) 866.8245 To: CITY OF BEAUMONT P 0 BOX 3827 Beaumont,TX 77704 Project: BMT148 - 1ST FLOOR RENOVATIONS RFC No: 5 Date: 1/29/2009 Description; Remova cxisting'VCT odthelinstallation of VCT 'din nxbber roomsclZ'1 and to match new file on fob.Delete 129,base will still be replace in zoom 129. The above work is subject to the same conditions as specified in the original contract unless otherwise stipulated. Upon approval the sum of$9,267,85will bo added to the contract price. Original Contract $61.0,00.00 other Approved Change Orders Total Contract to Date $610,000.00 This Request $9,267.85 Other Pending Requests $2,175.00 Total Contract plus Fendiog RFCS $621,442,85 Date: Authorized Signature: Bruce's General Construction, - Dater Authorized Signature: CITY OF BEAUMONT INER'S COnV r j. Document G701TM - 2001 Change Order PROJECT(Name and address): CHANGE ORDER NUMBER:002 OWNER: BEAUMONT CITY HALL FIRST DATE:April 6,2009 ARCHITECT: FLOOR RENOVATION PO BOX 3827 CONTRACTOR: BEAUMONT,TEXAS 77704 TO CONTRACTOR(Name and address): ARCHITECT'S PROJECT NUMBER:07101 FIELD: ❑ BRUCE'S GENERAL CONTRACT DATE: December 17,2007 OTHER: ❑ CONSTRUCTION CONTRACT FOR:General Construction 1175 REYNOLDS ROAD BEAUMONT,TEXAS 77707 THE CONTRACT IS CHANGED AS FOLLOWS: (include, where applicable,any undisputed amount attributable to previously executed Construction Change Directives) RFC#6-Convert existing janitors closet to new restroom as per drawings prepared by Rob Clark.Fixtures to be donated by Bruce's General Construction,Inc. $5,034.38 RFC#7-Install new cased opening at beginning of hallway. Install three(3)new outside corners,one(1) end cap and paint to match. Change ceiling tile to revealed edge to match existing in hallway. Delete sixteen(16)yards of wallpaper,prep and paint hallway. $ 692.00 Total Change Order Amount $5,726.38 The original Contract Sum was $ 610,000.00 The net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order was $ 610,000.00 The Contract Sum will be increased by this Change Order in the amount of $ 5726.38 The new Contract Sum including this Change Order will be $ 615,726.38 The Contract Time will be increased by Zero(0)days. The date of Substantial Completion as of the date of this Change Order therefore is NOTE:This Change Order does not include changes in the Contract Sum,Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor,in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. Architectural Alliance Inc. Bruce's General Construction, Inc. City of Beaumont ARCHITECT(Firm name) CONTRACTOR(Firm name) OWNER(Firm name) 6654 Phelan Blvd. 1 175 Beynolds Road PO Box 3827 Beaumont,Tx.77706 Beaumont,TX 77707 Beaumont,Tx 777(9 AD7gnature;) ADDRESS' ADDRESS BY gnature) BY(Signature) J.Rob Clark,AIA Sean Tilley Brenda Beadle,Capital Projects Manager (Typed name (Typed name) (Typed name) " — � WE DA E DATE AIA Document G701 TM—2001.Copyright©1979,1987,2000 and 2001 by The American Institute of Architects.All rights reserved.WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:03:05 on 04/06/2009 under Order No.1000369257_1 which expires on 9/5/2009,and is not for resale. User Notes: (51989663) Bruce's General Construction, 1175 Reynolds Rd. Beaumont, TX 77707 Phone: (409) 866-6245 Fax: (409) 866-8245 To: CITY OF BEAUMONT P O BOX 3827 Beaumont, TX 77704 Project: BMT148 - 1 ST FLOOR RENOVATIONS RFC No: 6 Date: 2/12/2009 Description: Convert existing janitors closet to new restroom as per drawings prepared by Rob Clark. Fixtures to be donated by Bruce's General Costruction, Inc. The above work is subject to the same conditions as specified in the original contract unless otherwise stipulated. Upon approval the sum of$5,034.38will be added to the contract price. Original Contract $610,000.00 Other Approved Change Orders $11,442.85 pP Total Contract to Date $621,442.85 This Request $5,034.38 Other Pending Requests $692.00 Total Contract plus Pending RFCs $627,169.23 Authorized Signature: Date: Bruce's General Construction, Authorized Signature: Date: CITY OF BEAUMONT Bruce's General Construction, 1175 Reynolds Rd. Beaumont, TX 77707 Phone: (409) 866-6245 Fax: (409) 866-8245 To: CITY OF BEAUMONT P0 BOX 3827 Beaumont, TX 77704 Project: BMT148 - 1 ST FLOOR RENOVATIONS RFC No: 7 Date: 2/12/2009 Description: Install new cased opening at begining of hallway. Install 3 new outside corners, 1 end cap and paint to match. Change ceiling tile to revealed edge to match existing in hallway. Delete 16 yards of wallpaper, prep and paint hallway. The above work is subject to the same conditions as specified in the original contract unless otherwise stipulated. Upon approval the sum of$692.00will be added to the contract price. Original Contract $610,000.00 Other Approved Change Orders $11,442.85 Total Contract to Date $621,442.85 This Request $692.00 Other Pending Requests $5,034.38 Total Contract plus Pending RFCs $627,169.23 Authorized Signature: Date: Bruce's General Construction, Authorized Signature: Date: CITY OF BEAUMONT RESOLUTION NO. WHEREAS, on December 9, 2008,the City Council of the City of Beaumont, Texas, passed Resolution No. 08-333 awarding a contract in the amount of$610,000 to Bruce's General Construction of Beaumont, Texas, for furnishing all labor, materials, supplies and equipment to renovate the first floor of City Hall; and, WHEREAS, Change Order No. 1 in the amount of$17,104.85 is required for extra work described as partial removal and reinstallation of the stage and wall in Council Chambers to allow access for conduit; additional coat of bonding primer to doors and frames for better adhesion; change specified water coolers to refrigerated units; r 9 P 9 is relocate door in Human Resources Training Room hallway; and removal of existing VCT and installation of new ceramic tile and cove base in Human Resources Training Room, said amount to be deducted from the $20,000 contingency allowance, thereby decreasing the contingency balance to $2,895.15 with the contract amount remaining at $610,000; and WHEREAS, Change Order No. 2 in the amount of$5,726.38 is required to convert an existing janitor's closet into a new employees' restroom and a minor addition to the hallway leading to the Human Resources Training Room, thereby increasing the contract amount to $615,726.38; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute Change Orders No. 1 and 2, thereby decreasing the contingency allowance to $2,895.15 and increasing the contract amount to $615,726.38. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of April, 2009. - Mayor Becky Ames - RICH WITH OPPORTUNITY 17C A.[I 1�1 El 11* T - E - X - A - S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 21, 2009 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-4/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider approving a resolution authorizing the City Manager to purchase traffic signal cabinets with controllers 2. Consider approving a resolution authorizing the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XIII Project for "extra work" 3. Consider approving a contract for refurbishing and remounting two ambulance box modules 4. Consider authorizing the City Manager to apply for and accept Neighborhood Stabilization Program funding available through the Department of Housing and Urban Development PUBLIC HEARING * Receive citizen comments on the Public Service and Public Facilities and Improvements line items for the Consolidated Grant Program's 2009 Annual Action Plan WORKSESSION * Review and discuss questions relating to Mobile Food Vendors 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: Kenneth Allison v. Mustang Tractor Denodia Tousaint vs. City of Beaumont Derrick Newman v. David Todd Burke, et al Carolyn Faul vs. Terrance McFarland Moss, et al Curtis Breaux, et al, v. City of Beaumont Claim of Betty Clay Claim of Harold Butler Claim of Tiffany Butler * Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: City Magistrate Craig Lively Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting. � 1 April 21, 2009 Consider approving a resolution authorizing the City Manager to purchase traffic signal cabinets with controllers RICH WITH OPPORTUNITY [I 17C A,11 1�1 0 11 rpk T • E • x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: April 21, 2009 REQUESTED ACTION: Council consider approving a resolution authorizing the City Manager to purchase traffic signal cabinets with controllers from Naztec, Inc. RECOMMENDATION Administration recommends approval of a resolution authorizing the City Manager to purchase 30 new traffic signal cabinets with controllers totaling$372,700 from Naztec, Incorporated. Naztec, Inc. is the sole vendor of equipment that is completely compatible with the City's existing Naztec traffic signal equipment. BACKGROUND Traffic signal controllers have a life span of approximately 10 years. Currently,the City maintains traffic signal controllers that are 18 to 19 years old. The City's existing traffic signal controllers are failing and the particular model in use has been out of production for nearly a decade. The City maintains approximately 170 traffic signals. This will be the first phase toward comprehensive traffic signal controller/cabinet replacement. Approximately, 57 will be replaced as part of roadway reconstruction leaving 83 intersections in need of funding. BUDGETARYIMPACT Funds are included in the Capital Program. +u r.ia.cuu� to.t4 LOlL4t7/L3t5 NALILU 1NU PAGE 01/01 NAZTEC, INCORPORATED 820 Park Two Dr. P.O.Box 765 Sugar Land,Texas 77478-0765 Ph: (281)240-7233 Pax:(281)240-7238 FAX QUOTATION To: City of Beaumont QUOTE# 0902-LS006 Attu: Jacob Benfield From: Lance Shannon Job: Cabinets Date: 13-Apr-09 Item Qty. $/Each $/Total 1 2 City of Beaumont Network Cabinet Spec $16,250.00 $32,500.00 16 Loadbay Cabinet,TS-2 Type 1,7411 H x 44"W x 26" A,w/GPS Unit 980 TS-2 Type 1 Ethernet Controller,Luminare Panel and Photo Cell, MMU-516LCD Monitor w/Flashing Yellow Arrow Programming, Front and Back Doors,Rack Mounted in the top of the Cabinet Video Rack,Loop Detector Rack,Preemption Panel,16 Load Switches, 6 FIash Transfer Relays,3 BUJ's, 1 Flasher, I TS-2 Cabinet Power Supply NOTE: This assembly does not include loop amplifiers or video detection 2 28 City of Beaumont Cabinet Specification $12,150.00 $340,200.00 .16 Loadbay Cabinet,TS-2 Type 1,55" H x 44" W x 26"D,w/GPS Unit 980 TS-2 Type 1 Ethernet Controller,Luminare Panel and Photo Cell, MMU-516LCD Monitor w/Flashing Yellow Arrow Programming, Video Rack,Loop Detector Rack,Preemption Panel, 16 Load Switches, 6 Flash Transfer Relays,3 BTU's, I F1a9her, 1. TS-2 Cabinet Power Supply NOTE: This assembly does not include loop amplifiers or video detection NET 30 DAYS Total $372,700.00 FOB DESTINATIONIFREIGGHT INCLUDED Thank you for the opportunity to submit a price quotation. This price quotation is valid for 60 days. All quotations are subject to credit approval. Sincerely, Lance Shannon Sales Engineer Authorized Representative Signature: r 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 purchase thirty (30) new traffic signal cabinets with controllers totaling $372,700 from Naztec, Inc., the sole vendor of equipment that is completely compatible with the City's existing Naztec traffic signal equipment. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21 st day of April, 2009. - Mayor Becky Ames - 2 April 21, 2009 Consider approving a resolution authorizing the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XIII Project for"extra work" RICH WITH OPPORTUNITY rT • E - X - A - S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Hani J. Tohme, Water Utilities Director P° MEETING DATE: April 21, 2009 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XIII Project for"extra work". RECOMMENDATION Administration recommends approval of increasing the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XIII Project amount by $71,612.80. The proposed changes to the contract will rehabilitate approximately 240 linear feet of 6-inch and 1,150 linear feet of 8-inch sanitary sewer lines, remove and replace four manholes, clean and televise 1,390 linear feet of existing lines, post televise 1,390 linear feet of rehabilitated lines, furnish and install two end of line cleanouts, replace 30 short side service connections and increase the contract time by 155 calendar days. The proposed extra work will represent an increase of 16.66%of the original contract amount. The proposed extra work is for the area between Fieldwood and Ebonwood Lane from Edson Drive to Bandera Drive. BACKGROUND The existing sewer lines built in the 1950's have deteriorated and require major rehabilitation. The primary goals of the project are to restore the integrity of the sanitary sewer lines, restore the carrying capacity, provide customers with uninterrupted and adequate service and meet the Sanitary Sewer Overflow Initiative agreement requirements with the State. Previous actions include: Resolution 07-304 in the amount of$429,796.02 was passed by City Council on October 2, 2007. This Change Order is recommended for approval by the City Manager and the Water Utilities Director. Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XIII Project April 21, 2009 Page 2 of 2 BUDGETARY IMPACT Funds for the project are available in the Capital Program. APPROVAL OF CONTRACT CHANGE Change Order No. 1 Date: March 30,2009 Project: City of Beaumont Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XIII Project Owner: City of Beaumont P.O. Box 3827 Beaumont,Texas 77704 Contractor: Allco, Ltd. P.O. Box 3684 Beaumont,TX 77704-3684 To the Owner: Approval of the following contract change is requested. Reason for Change: To increase the contract amount for"extra work"performed by the Contractor to rehabilitate approximately 240 linear feet of 6-inch sanitary sewer lines, rehabilitate approximately 1150 linear feet of 8-inch sanitary sewer lines,remove and replace four manholes,clean and televise 1390 linear feet of existing lines,post televise 1390 linear feet of rehabilitated lines, furnish and install two end of line cleanouts,replace 30 short side service connections,clean and televise 245 linear feet of 27-inch sanitary sewer lines and increase the contract time 155 calendar days. ORIGINAL CONTRACT AMOUNT $429,796.02. THIS CHANGE ORDER: Description Net Chance Rehabilitate 240 linear feet of 6-inch sanitary sewer lines. 7,440. Rehabilitate 1150 linear feet of 8-inch sanitary sewer lines. $37,950. Remove and replace four manholes. 9,380. Clean and televise 1390 linear feet of existing lines. $ 13.90 Post televise 1390 linear feet of the rehabilitated lines. $ 13.90 Furnish and install two end of line cleanouts. 1,590, Replace 30 short side service connections. 11,550* Clean and televise 245 linear feet of 27-inch sanitary sewer lines. 3,675. TOTAL AMOUNT OF THIS CHANGE ORDER: $71,612.80 TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $501,408.82. CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost of,and the time required to perform the entire work under Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive, mutually agreed upon adjustment to the Contract,and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." Recommended By: Approved By: Accepted By: Dr.Hani Tohme, P.E. City of Beaumont Allco Ltd. Water Utilities Director Owner Contractor Date: Date: Date: 1 11 R-,RkT i Lel ld ��t♦Vt � RESOLUTION NO. WHEREAS, on October 2, 2007, the City Council of the City of Beaumont, Texas, passed Resolution No. 07-304 awarding a contract in the amount of$429,796.02 to Allco, Ltd., Beaumont, Texas, for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract - XIII Project; and, WHEREAS, Change Order No. 1 in the amount of$71,612.80 is required for"extra work"to rehabilitate approximately 240 linear feet of 6-inch and 1,150 linear feet of 8-inch sanitary sewer lines, remove and replace four manholes, clean and televise 1,390 linear feet of existing lines, post televise 1,390 linear feet of rehabilitated lines, furnish and install two end of line cleanouts, replace 30 short side service connections and increase the contract time by 155 calendar days for the area between Fieldwood and Ebonwood Lane from Edson Drive to Bandera Drive, thereby increasing the contract amount to $501,408.82. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute Change Order No. 1 for "extra work"described above in the amount of$71,612.80,thereby increasing the contract amount to $501.408.82. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of April, 2009. - Mayor Becky Ames - 3 April 21, 2009 Consider approving a contract for refurbishing and remounting two ambulance box modules RICH WITH OPPORTUNITY 11cm ► ( T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer 10 MEETING DATE: April 21, 2009 REQUESTED ACTION: Council consider approving the award of a contract for refurbishing and remounting two ambulance box modules. RECOMMENDATION The administration recommends the award of a contract to Frazer Ltd., of Bellaire, Texas in the amount of$55,750. BACKGROUND Pricing for this contract is obtained through the Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program. 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$55,750 includes the H-GAC Administrative Fee of$600. Beaumont EMS operates ambulances consisting of an ambulance box module on a heavy-duty pickup chassis. Ambulance box modules, when periodically refurbished, have a longer service life than the chassis on which they are mounted. New modules cost approximately $80,000 each. It is therefore cost effective to refurbish and upgrade the existing modules to the standard of the new module. Council approved the purchase of the chassis on January 27, 2009, Resolution No. 09-022. Warranty and service is provided by Frazer Ltd., for the lifetime of the ambulance box module while in possession of the original owner. Delivery is approximately eight (8) weeks. Purchase of Fleet Vehicles April 21, 2009 Page 2 The refurbishment and remounts of the two ambulance bodies are available through H-GAC as follows: Description Qty. Total Price Frazer Type I 12' GPM E-759/X-324 1 $31,325 Frazer Type I 12' GPM E-807/X-253 1 $24,425 TOTAL—F— $55,750 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 award of a contract to Frazer Ltd., of Bellaire, Texas, in the amount of$55,750 for refurbishing and remounting two (2) ambulance box modules through the Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21 st day of April, 2009. - Mayor Becky Ames - 4 April 21, 2009 Consider authorizing the City Manager to apply for and accept Neighborhood Stabilization Program funding available through the Department of Housing and Urban Development RICH WITH OPPORTUNITY [1EA,[1M011T T • E . X . A , s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager c,3 PREPARED BY: Christopher S. Boone, Community Development Director MEETING DATE: April 21, 2009 REQUESTED ACTION: Council consider authorizing the City Manager to apply for and accept Neighborhood Stabilization Program funding available through the Department of Housing and Urban Development. RECOMMENDATION Administration recommends approval. BACKGROUND The Neighborhood Stabilization Program(NSP) is a HUD-funded program authorized by the "Housing and Economic Recovery Act of 2008" (HERA), as a supplemental allocation to the Community Development Block Grant(CDBG) Program. The purpose of the program is to acquire and encourage redevelopment of foreclosed, abandoned and blighted properties in order to stabilize neighborhoods and stem the decline of house values of neighboring homes. This program offers a variety of eligible activities, including offering refinancing mechanisms for foreclosed properties, demolition of properties and establishing land banks for foreclosed properties. Due to the limited amount of funding,the most advantageous use of the funds would be to identify unsafe and abandoned structures within"Priority Needs Areas" and remove these blighted structures. The balance of the funding could then be used to reconstruct approximately five(5)homes in the Needs Area. The proposed Priority Needs Areas would match the City's four, established Neighborhood Empowerment Zones. Attached is a map of the Neighborhood Empowerment Zones. Application for this program would be made to the Texas Department of Housing and Community Affairs (TDHCA). Approximately $1,498,950 is available for Jefferson County, and Beaumont and Port Arthur are both eligible for funding. The Administrations of both cities are proposing to apply for the funding on a 60/40 basis. The deadline for submitting an application is Monday, April 27th. BUDGETARY IMPACT Additional funds of approximately$900,000 would be available through this grant, with no required local match. e a u m o n t r E powerment LORILEE ST MCHALE ST A yPm rg _ EWCASO ST ST ELUCASOR m c Q �p ;N RIVE VpWNAYST FAIRWAY ST y pa TYLER ST TYLER ST r Koko S, a yi z o -Ni pARRY ST JEANETTE ST Urni E LA SALLE ST 9� R'YSO O O 0 - N .ti E GILL ST -I ILL ST gnu. r �o�CO,p� ��ifl N LYNWOOD DR. pN ST GILL 37. 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COLORADO AVE tY M N VIRGINIA ST N 9 CAMPUS ST CAMPUS ST t BOURBON ST ZAVALLADR ALABAMA AVE ALABAMA AVE. BASIN ST SHELL ST GARLAND AVE GEORGIA AVE � .�O -s ,, RAMPART Si IOWA ST IOWA ST m z HIGHLAND OR W m m IOWA ST �. OREGON AVE o FPS O o ^ C 9 >i z N GILES ST ¢ z n O RRQhV 0 VERMONT ST PNNR�RD'v o A 09 yyE.es C R �Z� _ ty JOSEPH ST z F ?' z A D' W FLORIDAAVE n OOP U w z N Prepared by City of Beaumont Community Development Department S 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 apply for and receive funding in an estimated amount of $900,000 through the Neighborhood Stabilization Program provided by the Texas Department of Housing and Community Affairs. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21 st day of April, 2009. - Mayor Becky Ames - PUBLIC EARING * Receive citizen comments on the Public Service and Public Facilities and Improvements line items for the Consolidated Grant Program's 2009 Annual Action Plan RICH WITH OPPORTUNITY BEA,UMON* City Council Agenda Item T • E - X • A - S TO: City Council FROM: Kyle Hayes, City Manager �s�3 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: April 21, 2009 REQUESTED ACTION: Council conduct a Public Hearing to receive citizen comment on the Public Service and Public Facilities and Improvements line items for the Consolidated Grant Program's 2009 Annual Action Plan. RECOMMENDATION Administration recommends Council conduct a Public Hearing to receive citizen comments on the Public Service and Public Facilities and Improvements line items which includes provision for the Consolidated Grant Program's 2009 Annual Action Plan. BACKGROUND As mandated by the U. S. Department of Housing and Urban Development (HUD), City Council has conducted public hearings and work sessions in previous years, prior to adopting the City's Annual Action Plan. In addition, the Community Development staff, along with other City of Beaumont staff and the Community Development Advisory Committee(CDAC)has held three (3) meetings to discuss the 2009 Action Plan, in order to make its recommendations to City Council. BUDGETARY IMPACT The preliminary 2009 budget, comprised of federal allocations of$1,784,969 in Community Development Block Grant funds, $732,967 in HOME funds and $100,000 in estimated program income was adopted March 24, 2009. The Public Service, Public Facilities and Improvements line item is comprised of$125,000. WORKSESSION * Review and discuss questions relating to Mobile Food Vendors