HomeMy WebLinkAboutPACKET MAY 14 2013 SICK WITS OPPORTUNITY
BEAU,MON*
T • E • B • A • 8
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MAY 14,2013 1:30 P.M.
CONSENT AGENDA
* Approval of minutes—May 7, 2013
* Confirmation of committee appointments
A) Approve a resolution approving the City of Beaumont Investment Policy
B) Approve a resolution approving the option to extend the contract for investment
management services with Valley View Consulting, LLC for two additional years
C) Approve a resolution approving Change Order No. 1 to the contract with AmeraProducts,
Inc. for furnishing and installing seven new windows in the Fire Department
Administration Building
D) Approve a resolution authorizing the renewal of a lease agreement for EMS Med 1
operations
E) Approve a resolution authorizing the City Manager to execute all documents necessary
between the Office of the Attorney General of Texas and the Beaumont Police
Department for certain Internet Against Children Crimes Task Force activities
F) Approve a resolution providing for the reimbursement of capital expenditures incurred
prior to future financing
A
RICH WITH OPPORTUNITY
BEAUMON*
T • E • X • A • $ City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: May 14, 2013
REQUESTED ACTION: Council consider a resolution approving the City of
Beaumont Investment Policy.
BACKGROUND
State law mandates the City Council to review the Investment Policy and approve modifications,
if any, on an annual basis. In March 2011 the City extended a pre-existing contract with Valley
View Consulting, LLC, for investment management services, including oversight of the
investment policy.
The City last made amendments to the investment policy on June 12, 2012 through resolution
12-128. The proposed amendments are attached for your review and provide for better
clarification.
FUNDING SOURCE
Not Applicable.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City of Beaumont Investment Policy, substantially in the form attached hereto
as Exhibit'A," has been reviewed and is hereby in all things adopted. All changes to the
policy are reflected therein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of May,
2013.
- Mayor Becky Ames -
City of Beaumont
RICH WITH OPPORTUNITY
BEAUMOK*
T • F • X • A • S
0 Investment Policy
Adopted by
City Council
Jose 12r2mMaY
City of Beaumont
RICH WITH OPPORTUNITY
i
T 0 E • X • A • S
Investment Policy
Adopted by
i--_City Council
r
EXHIBIT "A"
City of Beaumont-Investment Policy `Field Code Changed
Table of Contents
I. Introduction...........................................................................................................1
II. Scope......................................................................................................................1
III. Prudence................................................................................................................1
IV. Objectives...............................................................................................................1
A. Safety of Principal......................................................................................2
B. Liquidity.....................................................................................................2
C. Public Trust................................................................................................2
D. Yield............................................................................................................2
V. Delegation of Authority.........................................................................................2
VI. Ethics and Conflicts of Interest.............................................................................3
VII. Training.................................................................................................................3
VIII. Selection of Financial Dealers,Institutions and Investments Pools ....................3
A. Broker/Dealers...........................................................................................4
B. Public Depositories.....................................................................................4
C. Investment Pools........................................................................................5
IX. Authorized and Suitable Investments...................................................................5
X. Competitive Environment.....................................................................................7
XI. Collateralization....................................................................................................7
XII. Safekeeping and Custody......................................................................................S
XIII. Diversification........................................................................................................9
XIV. Investment Strategies ...........................................................................................9
A. Pooled Fund Groups .................................................................................10
B. Debt Service Funds ...................................................................................11
C. Debt Service Reserve Funds .....................................................................12
XV. Internal Control..................................................................................................12
XVI. Performance Standards .....................................................................................13
XVII. Reporting............................................................................................................13
XVIII. Investment Policy Adoption...............................................................................13
Exhibits
Exhibit A-Approved List Broker/Dealers.......................................................................15
Exhibit B-Certification By Business Organization ........................................................16
City of Beaumont Field Code Changed
......... ....___... .
Investment Policy
I. Introduction Field Code Changed
It is the policy of the City of Beaumont to invest public funds in a manner that will
ensure that the investments are duly authorized, properly managed, adequately
protected and fully collateralized. The City shall seek the optimum investment return
with the maximum security while meeting daily cash needs and conforming to the City
Charter, the Public Funds Investment Act (Chapter 2256, Government Code as
amended) and all other state and local statutes governing the investment of public
funds.
II. Scope
This Investment Policy applies to all financial assets of the City as accounted for in the
City's Comprehensive Annual Financial Report. These include General, Special
Revenue, Debt Service, Capital Projects, Enterprise, Internal Service, and Permanent
Funds. All are pooled for investment purposes except debt service and debt service
reserve funds, and the natural gas account. Interest is allocated monthly to each fund
based on its individual cash balance.
III. Prudence
Investments shall be made with judgment and care,under prevailing circumstances,that
a person of prudence, discretion,and intelligence would exercise in the management of
the person's own affairs, not for speculation, but for investment, considering the
probable safety of capital and the probable income to be derived. The"prudent person"
standard shall be applied in the context of managing the total portfolio rather than a
single investment providing that the decision was consistent with this Investment
Policy.
Investment Officers acting in accordance with written procedures and the Investment
Policy and exercising due diligence shall be relieved of responsibility for an individual
WeWk 's-investment's credit risk or market price changes provided that deviations from
exceptions are reported in a timely fashion and appropriate action is taken to control
adverse developments.
IV. Objectives
The primary objectives, in priority order, of the City's investment activities shall be
pFesef%,atiefi Em-1-safety of principal,liquidity,public trust,and yield.
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A. Safety of principal
The City has as its foremost objective to ensure the safety of principal.
Investments of the City shall be undertaken in a manner that seeks to ensure the
preservation of principal in the overall portfolio. To attain this objective,
diversification is required in order to eliminate an over-concentration of assets in
one institution,maturity or type of investment,where appropriate.
B. Liquidity
The City's investment portfolio will remain sufficiently liquid to enable the City
to meet all operating requirements that might be reasonably anticipated. The
portfolio shall be constructed so that investment maturities are matched with
forecasted cash flow requirements and limited by investments with an active
secondary market or convertible to cash with little or no penalty.
C. Public Trust
Investment Officers shall seek to act responsibly as custodians of the public trust.
Investment Officers shall avoid any transaction that might impair public
confidence in the City's ability to govern effectively.
D. Yield
The City's investment portfolio shall be designed with the objective of attaining a
rate of return that is consistent with risk limitations and cash flow characteristics
of the City's investments.
V. Deleeation of Authority
Authority to manage the City's investment program is derived from the City Charter
(article VII, section 1-2). The Charter designates the City Manager as Director of
Finance who shall have custody of all public funds,investments,bonds and notes of the
City and be responsible for their safekeeping. The City Manager shall establish written
procedures for the operation of the investment program consistent with this Investment
Policy that include explicit delegation of authority to persons responsible for
investment transactions. The City Manager shall be responsible for all transactions
undertaken and shall establish a system of controls to regulate the activities of
subordinate officials.
The City Manager,the Chief Financial Officer,and the City Controller are approved as
Investment Officers of the City. Such approval of specific persons shall remain in
effect until rescinded by the City Council or until termination of the person's
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employment by the City. Investment Officers shall not deposit, withdraw, transfer or
manage the funds of the City in a manner that is not consistent with the "prudent
person"standard as described in section III of this Policy.
The City Council maintains the right to hire Investment Advisers to assist City staff in
the investment of funds. Investment Advisers shall adhere to the spirit, philosophy
and specific terms of this Policy and shall invest within the same objectives. The City
Manager shall establish criteria to evaluate Investment Advisers,including:
1. Adherence to the City's policies and strategies;
2. Investment strategy recommendations within accepted risk constraints;
3. Responsiveness to the City's request for services and information;
4. Understanding of the inherent fiduciary responsibility of investing public
funds;and
5. Similarity in philosophy and strategy with the City's objectives.
Selected Investment Advisers must be registered under the Investment Advisers Act
of 1940 or with the State Securities Board. A contract with an Investment Adviser
may not be for a term longer than two years and any contract, renewal or extension
must be approved by the City Council.
VI. Ethics and Conflicts of Interest
Investment Officers and employees involved in the investment process shall refrain
from personal business activity that could conflict with proper execution of the
investment program, or which could impair their ability to make impartial investment
decisions.
Investment Officers shall disclose any personal business relationships with business
organizations approved to conduct investment transactions with the City. They shall
also disclose any specific individuals who seek to sell investments to the City and are
related to the Investment Officer within the second degree by affinity or consanguinity,
as determined under Chapter 573. Disclosure shall be filed with the Texas Ethics
Commission and the City Council.
VII. Training
In order to ensure qualified and capable investment management, each Investment
Officer shall attend at least ten (10) hours of training relating to investment
responsibilities within 12 months after assuming such duties and shall continue to
attend an investment training session consisting of at least ten(10)hours of instruction
not less than once every two years thereafter. The two-year period shall begin on the
first day of the City's fiscal year and consist of the two consecutive fiscal years after
that date.
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Training shall be in accordance with the Public Funds Investment Act and include
education in investment controls, security risks, strategy risks, market risks, and
compliance with State statutes governing the investment of public funds. All training
shall be conducted by an independent source that has been approved by City Council.
The approved "independent sources" to provide such training are: the Government
Treasurers Organization of Texas, the Government Finance Officers Association, the
Government Finance Officers Association of Texas, the Texas Municipal League, and
the University of North Texas.
VIII. Selection of Broker/Dealers,Financial Institutions and Investment Pools
Authorized investments shall only be purchased from those institutions selected and
approved in accordance with this Policy.
Any business organization which seeks to execute investment transactions with the City
shall provide a written instrument certifying that they have received and thoroughly
reviewed the City's Investment Policy and have implemented reasonable procedures
and controls in an effort to preclude investment transactions that are not authorized by
this Policy. The certification,as shown by example in Exhibit B,must be signed by a
qualified representative of the business organization. Investment Officers shall not buy
any securities from a firm or make deposits with a fund, pool or financial institution
that has not filed this instrument or a similar statement that is acceptable to the City.
Each time City Council approves a material revision to the Investment Policy, the
certiJlcadon should be sent to the approved business organizations along with the
newly revised Investment Policy.
A. Broker/Dealers
The City shall select broker/dealers by their ability to provide effective market
access and may include "Primary Government Securities Dealers" or regional
dealers that qualify under Securities and Exchange Commission (SEC) Rule
150-1 (uniform net capital rule). Broker/dealers selected must be members in
good standing of the Financial Industry Regulatory Authority("FINRA"),and be
licensed by the State of Texas. Each broker/dealer will be reviewed by the
Investment Officers and a recommendation will be made for approval by the City
Council.
An "approved broker/dealer list", as shown in Exhibit A, shall be maintained by
the Investment Officers at all times and approved by the City Council on an
annual basis.
The City shall not enter into transactions with a broker/dealer until official City
Council approval.
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B. Public Depositories/Financial Institutions
The City Council shall select a primary depository as required by law. The
primary depository as authorized by the City Council shall meet all.requirements
of the state law concerning depositories for municipal funds (Chapter 105,
Government Code). The primary depository shall be selected through the City's
banking services procurement process,including a formal Request for Application
(RFA) issued in compliance with applicable State law, and offers the most
favorable terms and conditions for the handling of City funds.
The City may also establish agreements with other financial institutions under
separate contract for additional services that are necessary in the administration,
collection, investment, and transfer of municipal funds. Such deposits will only
be made after the financial institution has completed and returned the required
written instruments and depository pledge agreements. No deposit shall be made
except in a qualified public depository as established by State Law.
C. Investment Pools
Investment Officers may invest funds of the City through an eligible investment
pool with specific approval by resolution of City Council and execution of a
written agreement. To become eligible, investment pools must first meet all
requirements of State Law. They shall provide the City with an offering circular
that contains specific and detailed information, investment transaction
confirmations, and detailed monthly transaction and performance reports. Pools
shall have advisory boards composed of qualified members representing
participants and non-participants who do not have a business relationship with the
pool. Before selection, pools shall be thoroughly reviewed and evaluated by the
Investment Officers.
IX. Authorized and Suitable Investments
Authorized investments for municipal governments in the state of Texas are set forth in
the Public Funds Investment Act, as amended. Suitable investments for the City are
limited to the following:
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♦ Direct Obligations of the United States or its agencies and instrumentalities that
have a maximum stated maturity date of 5 years or less.
♦ Financial institution deposits placed with approved financial institutions as
described above(section VIII-B)which have a maximum stated maturity date of 5
years or less and are insured by the Federal Deposit Insurance Corporation, or
their successors; or secured as described in section XI Collateralization.
Additionally, the City may execute certificates of deposit, and other forms of
deposit,in any manner authorized by the Public Funds Investment Act.
♦ Fully collateralized direct repurchase agreements with a defined termination date
of 90 days or less which are secured by cash or obligations of the United States or
its agencies and instrumentalities and pledged with a third party other than an
agent for the pledgor. Investment Officers may invest in repurchase agreements
through an approved primary government securities dealer or an approved
depository bank as described above (section VIII-A, B). Each issuer of
repurchase agreements shall be required to sign a master repurchase agreement.
For flexible repurchase agreements executed with bond proceeds, the defined
termination date of 90 days or less may be waived to allow the term of the flexible
repurchase agreement to more closely match the expected term of the bond
project.
♦ No load money market mutual funds registered with and regulated by the
Securities and Exchange Commission whose investment objectives include the
maintenance of a stable net asset value of$1 per share. Money market mutual
funds must maintain a AAAm, or equivalent rating from at least one nationally
recognized rating agency; and provide the City with a prospectus and other
information required by the Securities and Exchange Act of 1934 and be
specifically approved by City Council or purchased through the City's primary
depository as an overnight investment tool. The City may not own more than
10%of the money market mutual fund's total assets.
♦ Approved investment pools as described above (section VIII-C) which are
continuously rated no lower than AAA,AAA-m or an equivalent rating by at least
one nationally recognized rating agency,
Investments Not Authorized -The following investments are not authorized under this
section:
a. Obligations whose payment represents the coupon payments on the outstanding
principal balance of the underlying mortgage-backed security collateral and pay no
principal;
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b. Obligations whose payment represents the principal stream of cash flow from the
underlying mortgage-backed security collateral and bears no interest;
c. Collateralized mortgage obligations that have a stated final maturity date of greater
than ten years;and
d. Collateralized mortgage obligations the interest rate of which is determined by an
index that adjusts opposite to the changes in a market index.
Not less than quarterly,the Investment Officers will monitor the credit rating for each
held investment that has a Public Fund Investment Act required minimum rating. Any
Authorized Investment that requires a minimum rating does not qualify during the
period the investment does not have the minimum rating. _Prudent measures will be
taken to liquidate an investment that is downgraded to less than the required minimum
rating. The City is not required to liquidate investments that were authorized
investments at the time of purchase.
The purchase of stock is not an authorized investment for municipal governments.
However, stock may be accepted as a donation, provided that it is held in accordance
with the terms of the donation and sold as soon as it is advantageous to do so.
Reinvestment of proceeds must be in accordance with authorized and suitable
investments for the City as listed above.
X. Competitive Environment
It is the policy of the City to provide a competitive environment for all individual
security purchases and sales, financial institution deposits, and money market mutual
fund and local government investment pool selections. The Investment Officers shall
develop and maintain procedures for ensuring competition in the investment of the
City's funds.
XI. Collateralization
Collateralization will be required on all financial institution deposits and repurchase
agreements. With the exception of deposits secured with irrevocable letters of credit at
100%of amount, the collateralization level shall be equal to at least one hundred two
percent (102%) of the aggregate market value of the deposit or investment including
accrued interest less an amount insured by the Federal Deposit Insurance Corporation.
Evidence of the pledged collateral shall be documented by a custodial or a master
repurchase agreement with the eligible collateral clearly listed in the agreement.
Collateral shall be reviewed_at._least monthly to assure that the market value of the
securities pledged equals or exceeds the related deposit or investment requirement.
Collateral requirements shall be in accordance with both the Public Funds Investment
Act and the Public Funds Collateral Act. Collateral underlying repurchase agreements
is limited to direct obligations of the United States or its agencies and instrumentalities.
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The City shall accept a surety bond or the following investment securities as collateral
on deposits and certificates of deposit:
♦ Direct obligations of the United States or its agencies and instrumentalities.
Direct obligations of this state or its agencies and instrumentalities.
♦ Collateralized mortgage obligations directly issued by a federal agency or
instrumentality of the United States and excluding those mortgage backed
securities considered a high-risk mortgage security as described by Section
2257.0025 of the Government Code.
♦ Other obligations that are guaranteed or backed by the full faith and credit of this
state or the United States or their respective agencies and instrumentalities.
♦ Obligations of states, agencies, counties, cities and other political subdivisions
rated not less than A or its equivalent.
♦ Letters of credit issued by the United States or its agencies and instrumentalities.
Financial institutions serving as depositories will be required to sign a depository
agreement with the City. The collateralized deposit portion of the agreement shall
define the City's rights to the collateral in case of default, bankruptcy or closing and
shall establish a perfected security interest in compliance with Federal and State
regulations,including:
1. The agreement must be in writing;
2. The agreement has to be executed by the Depository and the City
contemporaneously with the acquisition of the asset:
3. The agreement must be approved by the Board of Directors or designated
committee of the Depository and a copy of the meeting minutes must be
delivered to the City;and
4. The agreement must be part of the Depository's "Official Record"
continuously since its execution.
XII. Safekeeping and Custody
Collateral shall be placed for safekeeping in a custodial account at the Federal Reserve
Bank or at an institution not affiliated with a firm pledging collateral acceptable to the
City. All safekeeping arrangements shall clearly define the responsibilities of each
party and outline the steps to be taken in order for the City to gain access to the
collateral in the event of a "failure". The custodial agreement shall be executed
between the City, the firm pledging the collateral and the custodial institution, as
applicable. All safekeeping receipts shall be delivered to the City and all collateral
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(whether a pledge or substitution) shall be formally accepted and released by
Investment Officers.
All security transactions, including collateral for repurchase agreements, entered into
by the City shall be conducted on a delivery-versus-payment (DVP) basis. That is,
funds shall not be wired or paid until verification has been made that the correct
security was received by the safekeeping institution. Financial institution deposits,
pool funds,and mutual funds are excluded from this requirement. The investment shall
be held in the name of the City or on behalf of the City.
XIII. Diversification
The City will diversify its investments to eliminate an over-concentration of assets in
any one security type or institution.
♦ Up to ninety percent (90%) par of the portfolio may be invested in direct
obligations of the United States(U.S.Treasury Securities).
♦ Up to seventy percent(70%)par of the portfolio may be invested in U.S. Agency
or Instrumentalities.
♦ No more than thirty percent(30%)par of the portfolio may be invested with any
one U.S.Agency or Instrumentality.
♦ Up to one hundred percent (100%) par of the portfolio may be invested in
investment pools for liquidity purposes with no more than eighty percent (80%)
par of the portfolio invested in any one pool.
♦ No more than fifty percent(50%)par of the portfolio may be invested in money
market mutual funds.
XIV. Investment Strategies
The City shall maintain a separate investment strategy for each of the three fund types
represented in the portfolio.
A. Pooled Fund Groups
Suitability—Any investment eligible in the Investment Policy is suitable for
Pooled Fund Groups.
Safety of Principal — All investments shall be of high quality with no
perceived default risk. Market price fluctuations will occur. However,
managing the weighted average days to maturity of each fund's portfolio to
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less than 365 days and restricting the maximum allowable maturity to two
years using the final stated maturity dates of each investment will minimize
the price volatility of the portfolio.
Marketability—Investments with active and efficient secondary markets are
necessary in the event of an unanticipated cash flow requirement. Historical
market "spreads" between the bid and offer prices of a particular security-
type of less than a quarter of a percentage point will define an efficient
secondary market.
Li°uidity—Pooled Fund Groups require the greatest short-term liquidity of
any of the fund-types. Short-term financial institution deposits, investment
pools and money market mutual funds will provide daily liquidity and may
be utilized as a competitive yield alternative to fixed maturity investments.
Diversification —Investment maturities should be staggered throughout the
budget cycle to provide cash flow based on the anticipated operating needs of
the City. Diversifying the appropriate maturity structure up to the two-year
maximum will reduce interest rate risk.
Yield — Attaining a competitive market yield for comparable investment-
types and portfolio restrictions is the desired objective. The yield of an
equally weighted, rolling three-month Treasury Bill portfolio will be the
minimum yield objective.
B. Debt Service Funds
Suitability—Any investment eligible in the Investment Policy is suitable for
Debt Service Funds.
Safety of Principal — All investments shall be of high quality with no
perceived default risk. Market price fluctuations will occur. However, by
managing Debt Service Funds to not exceed the debt service payment
schedule the market risk of the overall portfolio will be minimized. The
stated final maturity date on investments purchased shall not exceed the debt
service payment date unless excess funds are available. In that case,
maximum maturities shall not exceed two (2) years from the date of
purchase.
Marketability—Investments with active and efficient secondary markets are
not necessary as the event of an unanticipated cash flow requirement is not
probable.
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Li uidi — Debt Service Funds have predictable payment schedules.
Therefore investment maturities should not exceed the anticipated cash flow
requirements. Financial institution deposits, investments pools, and money
market mutual funds may provide a competitive yield alternative for short-
term fixed maturity investments. A singular repurchase agreement may be
utilized if disbursements are allowed in the amount necessary to satisfy any
debt service payment.This investment structure is commonly referred to as a
flexible repurchase agreement.
Diversification — Market conditions influence the attractiveness of fully
extending maturity to the next "unfunded" payment date. Generally, if
investment rates are anticipated to decrease over time,the City is best served
by locking in most investments. If the interest rates are potentially rising,
then investing in shorter and larger amounts may provide advantage. At no
time shall the debt service schedule be exceeded in an attempt to bolster
yield.
Yield — Attaining a competitive market yield for comparable investment-
types and portfolio restrictions is the desired objective. The yield of an
equally weighted, rolling three-month Treasury Bill portfolio shall be the
minimum yield objective.
C. Debt Service Reserve Funds
Suitability—Any investment eligible in the Investment Policy is suitable for
Debt Service Reserve Funds. Bond resolution and loan documentation
constraints and insurance company restrictions may create specific
considerations in addition to the Investment Policy.
Safety of Principal — All investments shall be of high quality with no
perceived default risk. Market price fluctuations will occur. However, by
managing Debt Service Reserve Fund maturities to generally not exceed the
call provisions of the borrowing will reduce the investment's market risk if
the City's debt is redeemed and the Reserve Fund liquidated. No stated final
investment maturity shall exceed the shorter of the final maturity of the
borrowing or five years. Annual mark-to-market requirements or specific
maturity and average life limitations within the borrowing's documentation
will influence the attractiveness of market risk and influence maturity
extension.
Marketability — Investments with less active and efficient secondary
markets are acceptable for Debt Service Reserve Funds.
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Li ui i —Debt Service Reserve Funds have no anticipated expenditures.
The Funds are deposited to provide annual debt service payment protection
to the City's debt holders. The funds are"returned" to the City at the final
debt service payment. Market conditions and arbitrage regulation
compliance determine the advantage of investment diversification and
liquidity. Generally, if investment rates exceed the cost of borrowing, the
City is best served by locking in investment maturities and reducing liquidity.
If the borrowing cost cannot be exceeded,then concurrent market conditions
will determine the attractiveness of locking in maturities or investing shorter
and anticipating future increased yields.
Diversification—Market conditions and the arbitrage regulations influence
the attractiveness of staggering the maturity of fixed rate investments for
Debt Service Reserve Funds. At no time shall the final debt service payment
date of the bond issue be exceeded in an attempt to bolster yield.
Yield—Achieving a positive spread to the applicable borrowing cost is the
desired objective. Debt Service Reserve Fund portfolio management shall
operate within the limits of the Investment Policy's risk constraints.
D. Natural Gas Account
Suitability--Anv investment eligible in the Investment Poliev is suitable for
the Natural Gas Account.
Safety of Principal — All investments shall be of high quality with no
perceived default risk. Market .rice tluctuations will occur. However,
mania rin r the weighted average days to maturitv to less than 365 days and
restricting- the maxiniurn allowable maturity to two years usincy the final
stated inaturity dates of each investment will minirnize the price volatility of
the portfolio.
Marketability—Investments with active and efficient secondary markets are
necessary in the event of an unanticipated cash flow requirement. historical
market ".spreads" between the bid and offer prices of a particular security-
type of less than a quarter of a percentage point will define an efficient
secondary market.
Liquidity — Natural Gras Account funds require moderate short-term
liquidity. Short-term financial institutola de osits t11vest1r1en1 pools and
monev market rnutual funds will provide daily, liquidity and may be utilized
as a competitive vield alternative to fixed maturity investinent:s.
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Diversification —Investment maturities should be staggered throughout the
witiipated ex.enditure schedule. Diversifying the a .ro riate maturity
structure(IV to the tcvo-year maxitnum will reduce interest rate risk..
Yield — Attaining a competitive market yield for comparable investment-
tvpes and portfolio restrictions is the desired objective. The yield of an
equally weighted, rolling three-month Treasury Bill portfolio will be the
minimum vield objective.
XV. Internal Control
The City, in conjunction with its annual financial audit, shall perform a
compliance audit of management controls on investments and adherence to the
City's Investment Policy.
XVI. Performance Standards
The City intends to pursue an active versus a passive portfolio management
philosophy. That is, investments may be sold or redeemed before they mature if
market conditions present an opportunity for the City to benefit from the trade.
The investment portfolio shall be designed with the objective of obtaining a rate
of return throughout budgetary and economic cycles that is consistent with risk
limitations and cash flow needs of the City. "Weighted average yield to maturity"
shall be the portfolio performance measurement standard.
XVII. Reporting
Investment Officers shall submit a monthly report to City Council summarizing
the results of the City's investment activity. This report shall include the status of
the current portfolio position,performance, trading activity, interest earnings, and
collateral.
A quarterly report shall be submitted to the City Manager, as Chief Executive
Officer, and the City Council detailing investment transactions and performance
for the reporting period in accordance with State law. The report shall be jointly
prepared and signed by all Investment Officers. It shall include a summary
statement prepared for each fund type and a detailed listing that states the
beginning market value, ending market value and fully accrued interest for the
period. In addition, Investment Officers shall report on adherence to the City's
investment strategies as expressed in this Policy.
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In conjunction with the annual audit, the quarterly reports shall be formally
reviewed by the City's independent auditor on an annual basis and the results of
the review shall be reported to City Council.
XVIII. Investment Policy Adoption
The City's Investment Policy is hereby adopted by resolution of the City Council.
The City Council shall review and approve the Policy on an annual basis. This
Policy serves to satisfy the statutory requirement to define and adopt a formal
investment policy.
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EXHIBITS
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Exhibit A
CITY OF BEAUMONT
Approved List
Broker/Dealers
Business/Organization
Broker/Dealers:
JP Morgan Chase Securities
Coastal Securities
Duncan-Williams,Inc.
Wells Fargo Brokerage
Services,LLC
Rice Financial Products Company
It< nd.Janie,l;jnancial._Ine.;.
Mutual Securities,Inc.
Capital One Financial Corporation
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Exhibit B
City of Beaumont,Texas
Certification By Business Organization
This certification is executed on behalf of the City of Beaumont (the Investor) and
(the Business Organization) pursuant to the Public Funds
Investment Act, Chapter 2256,Texas Government Code(the Act)in connection with investment
transactions conducted between the Investor and the Business Organization.
The undersigned Qualified Representative of the Business Organization hereby certifies on
behalf of the Business Organization that:
1. The undersigned is a Qualified Representative of the Business Organization offering to
enter an investment transaction with the Investor as such terms are used in the Public
Funds Investment Act,Chapter 2256,Texas Government Code and
2. The Qualified Representative of the Business Organization has received and reviewed the
Investment Policy furnished by the Investor and
3. The Qualified Representative of the Business Organization has implemented reasonable
procedures and controls in an effort to preclude investment transactions conducted
between the Business Organization and the Investor that are not authorized by the
Investor's Investment Policy, except to the extent that this authorization is dependent on
an analysis of the makeup of the Investor's entire portfolio or requires and interpretation
of subjective investment standards.
(Firm)
Qualified Representative of the Business Organization
(Signature)
(Name)
(Title)
(Date)
17
B
RICH WITH OPPORTUNITY
BEAiUMON*
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: May 14, 2013
REQUESTED ACTION: Council consider a resolution approving the option to
extend the contract for investment management services
with Valley View Consulting, LLC, of Huddleston
Virginia, two (2) additional years.
BACKGROUND
On April 28, 2009, by Resolution No. 09-115, Council authorized the execution of a two (2) year
contract with Valley View Consulting, for an annual fee of.04% (4 basis points) of the average
quarterly fund balance for all funds designated as Investable Funds. Council also approved a
renewal of this contract for an additional two (2)years on March 8, 2011 with Resolution
No.11-087. The City has been pleased with services provided by Valley View Consulting,
which has included assisting the City in developing cash flow projections, suggesting appropriate
investment strategies to achieve the City's objectives, advising Staff on market conditions,
general information and economic data, analyzing risk/retum relationships between various
investment alternatives, assisting in the selection, purchase and sale of investment securities,
predominantly certificates of deposits, and preparing quarterly investment reports. During
FY2012, the City paid $57,948.72 to Valley View Consulting for their services.
FUNDING SOURCE
Finance Department Operating Budget.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, on April 28, 2009, City Council approved Resolution No. 09-115
authorizing a contract with Valley View Consulting, L.L.C., for professional services to
direct and coordinate all programs of investing as may be considered and authorized by
the City for an annual fee of .04% (4 basis points) of the average quarterly fund balance
for all funds designated as Investable Funds; and,
WHEREAS, on March 8, 2011, City Council approved Resolution No. 11-087
authorizing the option for a two-year extension of the contract with Valley View Consulting,
L.L.C., for an annual fee of.04% (4 basis points)of the average quarterly fund balance for
all funds designated as Investable Funds; and,
WHEREAS, the City would like to exercise an option for a two-year extension of the
contract with Valley View Consulting, L.L.C., for an annual fee of .04% (4 basis points) of
the average quarter end book value;
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the City Manager be, and he is hereby, authorized to extend a contract with
Valley View Consulting, L.L.C., for professional services to direct and coordinate all
programs of investing as may be considered and authorized by the City for an annual fee
of .04% (4 basis points) of the average quarter end book value.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of May,
2013.
- Mayor Becky Ames -
AGREEMENT
BY AND BETWEEN
CITY OF BEAUMONT,TEXAS
AND
VALLEY VIEW CONSULTING,L.L.C.
It is understood and agreed that the City of Beaumont (the Investor) will have from time to time
money available for investment (Investable Funds) and Valley View Consulting, L.L.C. (Advisor)
has been requested to provide professional services to the Investor with respect to the Investable
Funds. This agreement (the Agreement) constitutes the understanding of the parties with regard to
the subject matter hereof.
1. This Agreement shall apply to any and all Investable Funds of the Investor from time to time
during the period in which this Agreement shall be effective.
2. The Advisor agrees to provide its professional services to direct and coordinate all programs
of investing as may be considered and authorized by the Investor.
3. The Advisor agrees to perform the following duties:
a. Assist the Investor in developing cash flow projections,
b. Suggest appropriate investment strategies to achieve the Investor's objectives,
c. Advise the Investor on market conditions, general information and economic data,
d. Analyze risk/return relationships between various investment alternatives,
e. Attend occasional meetings as requested by the Investor,
£ Assist in the selection, purchase, and sale of investments. The Advisor shall not have
discretionary investment authority over the Investable Funds and the Investor shall
make all decisions regarding purchase and sale of investments. All funds shall be
invested consistent with the Texas Public Funds Investment Act, Chapter 2256
Government Code and the Investor's Investment Policy. The eligible investments are
listed in the Investor's Investment Policy,
g. Advise on the investment of bond funds as to provide the best possible rate of return to
the Investor in a manner which is consistent with the proceedings of the Investor
authorizing the investment of the bond funds or applicable federal rules and regulations,
h. Assist the Investor in creating investment reports in compliance with State legislation
and the Investor's Investment Policy,
i. Assist the Investor in creating monthly portfolio accounting reports,and
j. Assist the Investor in selecting a primary depository services financial institution.
EXHIBIT "A"
4. The Investor agrees to:
a. Compensate the Advisor for any and all services rendered and expenses incurred as set
forth in Appendix A attached hereto,
b. Provide the Advisor with the schedule of estimated cash flow requirements related to
the Investable Funds, and will promptly notify the Advisor as to any changes in such
estimated cash flow projections,
c. Allow the Advisor to rely upon all information regarding schedules, investment policies
and strategies, restrictions, or other information regarding the Investable Funds as
provided to it by the Investor and that the Advisor shall have no responsibility to verify,
through audit or investigation,the accuracy or completeness of such information,
d. Recognize that there is no assurance that recommended investments will be available or
that such will be able to be purchased or sold at the price recommended by the Advisor,
and
e. Not require the Advisor to place any order on behalf of the Investor that is inconsistent
with any recommendation given by the Advisor or the policies and regulations
pertaining to the Investor.
5. In providing the investment services in this Agreement, it is agreed that the Advisor shall
have no liability or responsibility for any loss or penalty resulting from any investment made or
not made in accordance with the provisions of this Agreement, except that the Advisor shall be
liable for its own gross negligence or willful misconduct; nor shall the Advisor be responsible
for any loss incurred by reason of any act or omission of any broker, selected with reasonable
care by the Advisor and approved by the Investor, or of the Investor's custodian. Furthermore,
the Advisor shall not be liable for any investment made which causes the interest on the
Investor's obligations to become included in the gross income of the owners thereof.
6. The fee due to the Advisor in providing services pursuant to this Agreement shall be
calculated in accordance with Appendix A attached hereto, and shall become due and payable
as specified. Any and all expenses for which the Advisor is entitled to reimbursement in
accordance with Appendix A attached hereto shall become due and payable at the end of each
calendar quarter in which such expenses are incurred.
7. This Agreement shall remain in effect until June 30, 2015, with the option of the Investor to
extend this Agreement in additional two year periods. Provided, however, the Investor or
Advisor may terminate this Agreement upon thirty (30) days written notice to the other party.
In the event of such termination, it is understood and agreed that only the amounts due to the
Advisor for services provided and expenses incurred to and including the date of termination
will be due and payable. No penalty will be assessed for termination of this Agreement. In the
event this Agreement is terminated, all investments and/or funds held by the Advisor shall be
returned to the Investor as soon as practicable. In addition, the parties hereto agree that upon
termination of this Agreement the Advisor shall have no continuing obligation to the Investor
regarding the investment of funds or performing any other services contemplated herein.
8. The Advisor reserves the right to offer and perform these and other services for various other
clients. The Investor agrees that the Advisor may give advice and take action with respect to
any of its other clients,which may differ from advice given to the Investor. The Investor agrees
to coordinate with and avoid undue demands upon the Advisor to prevent conflicts with the
performance of the Advisor towards its other clients.
9. The Advisor shall not assign this Agreement without the express written consent of the
Investor.
10.By initialing the appropriate line, Investor acknowledges that:
1) Investor was provided a written copy of Form ADV Part 2 not less than 48
hours prior to entering into this written contract,or
2) Investor received a written copy of Form ADV Part 2 at the time of entering
into this contract and has the right to terminate this contract without penalty within
five business days after entering into this contract.
3) _X_ Investor is renewing an expiring contract and has received in the past, and
offered annually,a written copy of Form ADV Part 2.
When accepted by the Investor, it, together with Appendix A attached hereto, will constitute the
entire Agreement between the Investor and Advisor for the purposes and the consideration herein
specified.
Respectfully submitted,
zy
Richard G. Long, Jr.
Manager, Valley View Consulting, L.L.C.
This agreement is hereby agreed to and executed on behalf of the City of Beaumont, Texas.
By:
City of Beaumont, Texas
Date:
APPENDIX A
FEE SCHEDULE AND EXPENSE ITEMS
In consideration for the services rendered by Advisor in connection with the investment of the
Investable Funds for the Investor, it is understood and agreed that its fee will be an annual fee of
0.04% (4 basis points) of the average quarter end book value. Said fee shall be prorated and due
and payable at the end of each investment quarter.
Should the Investor issue debt and select a bond proceeds investment strategy that incorporates a
flexible repurchase agreement or other structured investment, fees will be determined by any
applicable I.R.S. guidelines and industry standards.
Said fee includes all costs of services related to this Agreement, and all travel and business expense
related to periodic meeting attendance. With pre-trip Investor approval, the Advisor may also
request reimbursement for special meeting or event travel and business expense. The obligation of
the Advisor to pay expenses shall not include any costs incident to litigation, mandamus action, test
case or other similar legal actions.
Any other fees retained by the Advisor shall be disclosed to the Investor.
c
HICK WITH OFFOHTUNITT
I luo N*
BEAUM
T • R • g • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
t�11 v
PREPARED BY: Patrick Donart,,Public Works Director
MEETING DATE: May 14, 2014
REQUESTED ACTION: Council consider a resolution approving Change Order No.
1 from AmeraProducts, Inc. in the amount of$29,676 for
furnishing and installing seven(7)new windows in the Fire
Department Administration Building.
BACKGROUND
A contract was awarded to AmwWroducts, Inc. on September 25, 2012 for fwnishing and
installing forty-one(4 1)window units on the 2'floor of the Fire Department Administration
Building.
Change Order No. 1 includes the addition of seven(7)windows on the 1"floor's south and west
sides. The 1'floor windows were not included in the original base bid due to limited grant
funding. Because the 2s'floor windows failed during the past two major hurricanes they were
targeted for the initial replacement.
The replacement windows are designed to compliment the historical architecture of the building.
The 1"floor windows are in the Fire Museum office and gift shop. Replacing these windows
would not only enhance the building but provide more protection from hurricane force winds.
This change order will result in a new contract amount of$235,923 or an increase of 14%. The
project has begun and should be completed by January 2014.
FUNDING SOURCE
Funds for this project are provided by a U.S. Department of Homeland Security Hazard
Mitigation Grant. The grant requires a match of 25%which is available in the Capital Reserve
Fund.
RECOMMENDATION
Approval of resolution.
CHANGE ORDER
PROJECT: The Fire Museum of Beaumont CHANGE ORDER NO: 1
CONTRACTOR: AmeraProducts, Inc. DATE: May 03,2013
P.O.Box 21358 ARCHITECT'S PROJECT NO.: 12022
Beaumont,Tx 77720 CONTRACT DATE: October 10,2012
CONTRACT FOR: Window
Replacements
The Contract is changed as follows:
"Remove existing wood windows and replace with new aluminum windows at the following locations:
1.South Elevation bahm Beaumont E"Unnis_e
1 floor facing building,left We comer area of building
Two(2)windows in one(1)opening
2.West Elevation
1 floor facing Walnut Street
Five(5)openings,one(1)window per opening
Total Channe Order.................$29.676.00
**See attached breakdown
Not valid until signed by the Owner,Architect,and Contractor.
The original Contract Sum was.........................................................................................................$206,247.00
Net change by previously authorized Change Orders....................................................................................$0.00
The Contract Sum prior to this Change Omer was............................................................................$206,247.00
The Contract sum will be increased by this Change Omer in the amount of.......................................$29,676.00
The new Contract Sum including this Change Order will be.............................................................. 5235,92100
The Contract Time will be increased W.one hundred and eighty-two(182)days.
The date of Substantial Completion as of the date of this Change Order therefore is January 06,2014.
NOTE: The summary does not reflect changes in the Contract Sum or Contract Time which have been authorized by
Construction Change Directive.
The LaBiche Architectural Group AmeraProduc ts, Inc. City of Beaumont
7999 Gladys Ave ,S 101 P.O.Box 21358 801 Main Street
Beaum a Beaumont,Texas 77720 Beaumont,Texas 77701
By: By: By:
Date: �. Date: Date:
CO
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11592 co
F OF tE
RESOLUTION NO.
WHEREAS, on September 25, 2012, the City Council of the City of Beaumont,
Texas, passed Resolution No.12-227 awarding a contract in the base bid amount of
$169,724 to AmeraProducts, Inc., of Beaumont, Texas, for the Fire Department
Administration Building Project; and,
WHEREAS, Change Order No. 1 in the amount of $29,676 is required for the
addition of seven (7) windows on the 1St floor's south and west sides, thereby increasing
the project base bid amount to $235,923; and,
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the City Manager be and he is hereby authorized to execute Change Order
No. 1 for the addition of seven (7)windows on the 1St floor's south and west sides,thereby
increasing the contract base bid amount by $29,676 for a total contract amount of
$235,923.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of May
2013.
- Mayor Becky Ames -
D
RICH WITH OPPORTUNITY
IIEAUMON*
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: May 14, 2013
REQUESTED ACTION: Council consider a resolution authorizing the renewal of a
lease with Landlord Doxey-Pleasant Properties, LLC for
2510N. 11th Street, Suite A, for EMS Med 1 operations.
BACKGROUND
The current lease for the Med 1 location began July 1, 2010 and expires June 30, 2013.
Approval of a new three (3)year lease is requested at a rate of$1,520 per month, a$95 increase.
The Landlord states the increase is due to the marked increase in water usage. Water usage
increased beginning September 2010 when Med 5 operations were merged with the Med 1
location. The new term will begin on July 1, 2013 and expire June 30, 2016. The new lease will
include a provision for termination with notice of sixty (60) days.
A copy of the proposed lease is attached for your review.
FUNDING SOURCE
Public Health EMS Operating Budget.
RECOMMENDATION
Approval of the resolution.
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 three (3) year lease
agreement, commencing on July 1, 2013 and expiring on June 30, 2016, with Doxey-
Pleasant Properties, LLC (Landlord) for $1,520 per month for property located at 2510
North 11th Street, Suite "A," and one-third (1/3) of the adjacent parking lot, Beaumont,
Texas, for operation of EMS Med Station No. 1. The lease 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 Beaumont this the 14th day of May,
2013.
- Mayor Becky Ames -
EMS Med 1 Lease
May 14, 2013
Page 2 through 7
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
LEASE AGREEMENT
This Lease Agreement is made and entered into by and between Jacquelyn Cake Primary),
Doxey-Pleasant Properties,LLC, and Colin M. Sheppard(Secondary) Doxey-Pleasant Properties LLC
hereinafter called"Landlord," and The City of Beaumont, of Jefferson County,Texas , hereinafter
called"Tenant."
In consideration of the mutual covenants and agreements herein set forth, and other good and
valuable consideration, Landlord does hereby demise and lease to Tenant, and Tenant does hereby lease
from Landlord, certain real property and improvements thereon at 2510 North 11`1 Street, Suite"A"
and one-third(1/3)of the adjacent parking lot , located in the City of Beaumont,hereinafter called the
"leased premises."
ARTICLE 1. TERM OF LEASE
1.1 The term of this Lease shall be for a period of three(3)years,commencing on July 1.2013
and ending at 11:59 p.m.on June 30,2016 , unless sooner terminated as herein provided.
ARTICLE 2. RENT
2.1 Tenant agrees to pay to Landlord rent in monthly installments of One Thousand Five
Hundred and Twenty Dollars and No Cents($1,520.00) each,with the first such installment being
due and payable on July 1, 2013 and a like installment of rent being due and payable on the first(1st)day
EXHIBIT "A"
of each calendar month thereafter.
2.2 All rent payable hereunder shall be paid to Landlord by mailing to the address shown,
direct payment, or such other place or places as Landlord may from time to time designate in writing to
Tenant,to:
Doxey-Pleasant Properties,LLC
c/o Burns Properties
P. O. Box 3723
Beaumont,Texas 77704
ARTICLE 3. BUSINESS
3.1 Tenant shall operate the leased premises only for the use and purposes for which it is let,
to-wit: Municipal uses. Tenant will comply, and will cause its employees, agents and invitees to comply,
with all applicable laws and ordinances and with all rules and regulations of governmental agencies.
ARTICLE 4. MAINTENANCE AND SURRENDER
4.1 Landlord shall repair and maintain in good condition the roof, foundation, exterior doors,
exterior walls, electrical and plumbing systems, major components of the heating and air conditioning
systems,the adjacent driveways and parking lot of the leased premises; provided,however,Landlord
shall not be obligated to perform any maintenance,repairs or replacements made necessary by the
negligence of Tenant or Tenant's agents, employees or invitees,which maintenance,repairs or
replacements shall be performed by Tenant at Tenant's sole cost and expense. All other repairs,
maintenance and replacements necessary to maintain the leased premises in good condition,not
specifically allocated to the Landlord in this Article 4, shall be made by Tenant at Tenant's sole cost and
expense, including without limitation air conditioner filters, stopped up plumbing lines,and janitorial
services. All maintenance,repairs and replacements shall be made promptly by the party responsible as
and when necessary.
4.2 Tenant shall throughout the Lease term maintain the leased premises in an orderly
condition as provided above and keep them free from waste or nuisance. At the termination of this Lease,
Tenant shall deliver up the leased premises in a clean and sanitary condition in good repair and condition,
reasonable wear and tear, including damage by fire,tornado or other casualty,not caused through the
fault of Tenant or any of Tenant's agents, invitees or employees, only excepted.
4.3 Landlord will conduct a move-out inspection of the premises when Tenant vacates and
the cost of any damage repairs described above, reasonable wear excluded,may be billed to Tenant.
4.4 If Tenant fails to pay lease or other amount owed for a period in excess of thirty(30)
days, or if Tenant abandons the building,then Landlord may terminate the Lease Agreement with or
without demand for performance by giving Tenant thirty(30)days written notice to vacate, and Landlord
may be entitled to possession by eviction suit. Notice may be mailed or personally delivered to Tenant.
ARTICLE 5. OBLIGATIONS OF LANDLORD AND TENANT
5.1 The monthly rental amount stated in Article 2.1 above includes payments for water and
garbage services. Tenant shall be responsible for the payment of telephone and electricity services.
5.2 Tenant shall pay all personal property taxes, if any, imposed on the equipment, inventory,
fixtures and other personal property located on the leased premises. Landlord shall pay all real property
taxes on the leased premises.
5.3 Landlord shall,at its expense, maintain such casualty insurance covering the leased
premises as it deems appropriate to cover its interest thereon. Tenant should maintain such insurance as it
deems appropriate to protect its property on the leased premises.
5.4 Tenant shall not create any openings in the roof or exterior walls,nor make any
alterations, additions or improvements to the leased premises without the prior written consent of
Landlord. Consent for nonstructural alterations, additions or improvements shall not be unreasonably
withheld or delayed by Landlord. Redecorating, refurnishing, painting and other nonstructural
renovations which do not decrease the value of the building may be made by Tenant with Landlord's
consent. Tenant shall have the right at all times to erect or install fixtures,provided that Tenant complies
with all applicable governmental laws, ordinances and regulations. Tenant shall have the right to remove
prior to termination of this Lease such fixtures so installed, provided Tenant is not in default under any of
the terms, covenants or conditions of this Lease; however,tenant shall, not later than five(5)days after
the termination of this Lease,repair any damage caused by such removal. All alterations, additions or
improvements made by Tenant,which are not actually removed from the leased premises by Tenant,
under the provisions of the preceding paragraph, shall become the property of Landlord at the termination
of this Lease.
5.5 Tenant shall have the right to install any signs on the leased premises; however, Tenant
shall be wholly responsible for any and all direct or consequential damage caused by the placement,
erection or removal of such signs. Tenant shall remove all signs at the termination of this Lease and shall
repair any damage and close any holes caused by such removal.
5.6 Landlord shall not be liable to Tenant for losses to person or property caused by other
Tenants or by theft, burglary, assault, vandalism or other crimes. Landlord shall not be liable for personal
injury or for damages to or loss of Tenant's personal property from fire, flood water, leaks or other
occurrences,unless such damage or injury is caused by negligence of Landlord or the agents or
employees of Landlord.
5.7 Either party may cancel this contract by giving to the other party ninety(90)days notice
of said termination in writing. Any obligation to pay rent under this lease will also terminate with such
cancellation. Tenant shall within said ninety(90)days vacate the space and remove all of Tenant's
property therefrom. Any property belonging to Tenant not removed within said ninety(90)day period
shall become the property of the Landlord.
ARTICLE 6. MISCELLANEOUS
6.1 Landlord has agreed to pay fifty percent(50%)of the cost of replacement of the carpet
and linoleum flooring, providing the Tenant agrees to pay the remaining fifty percent(50%)of the cost.
The replacement choice of flooring will be of reasonable cost and expects the type of flooring and cost
will be mutually agreed upon in writing by Landlord and Tenant prior to the purchase and installation of
said flooring. Tenant understands the flooring improvements shall remain once Tenant vacates the
building.
6.2 No amendment, modification or alteration of the terms of this agreement shall be binding
unless made in writing, dated after the execution date of this agreement and duly authorized and signed by
the Landlord and Tenant.
6.3 Should Tenant hold over on the leased premises, or any part thereof,after the expiration
of the initial term of this Lease or any extension thereof with the permission of Landlord, unless otherwise
agreed in writing, such holding over shall constitute and be construed as a tenancy from month-to-month
only. Rent for such month-to-month tenancy shall be at a monthly rate of One Thousand Five Hundred
Twenty and No Cents($1,520.00),payable in advance on the first(1st)day of each calendar month
during the term of such month-to-month tenancy. The inclusion of Section 6.3 shall not be construed as
Landlord's automatic consent for Tenant to hold over.
6.4 Notwithstanding anything contained in this Lease to the contrary, in the event no funds or
insufficient funds are appropriated and budgeted or are otherwise unavailable by any means whatsoever in
any fiscal period for lease payments due under this Lease,Tenant will immediately notify Landlord in
writing of such occurrence and this Lease shall terminate on the last day of the fiscal period for which
appropriations have been received or made without penalty or expense to Tenant.
6.5 Tenant may contact the property manager for Landlord for notices, amendments to
this Agreement, or any other action or notice called for in this Agreement. Either the Primary Landlord,
Jacqueline Cake, or the Secondary Landlord, Colin M. Sheppard, may bind both Landlords.
6.6 Contract information for all parties is shown below:
LANDLORD: CITY OF BEAUMONT
Doxey-Pleasant Properties,LLC Kyle Hayes,City Manager
c/o Burns Properties City of Beaumont
P. O. Box 3723 P. O.Box 3827
Beaumont, Texas 77704 Beaumont,TX 77704
Phone: Phone:
409-866-2398 409-880-3716
EXECUTED,this the day of ,2013.
LANDLORD (Primary): TENANT:
JACQUELYN CAKE CITY OF BEAUMONT
DOXEY-PLEASANT PROPERTIES, LLC
Jacquelyn Cake Kyle Hayes, City Manager
LANDLORD (Secondary):
COLIN M. SHEPPARD
DOXEY-PLEASANT PROPERTIES,LLC
Colin M. Sheppard
G:\LEASES\EMS#1-N.I Ith St Jackie Cake\2013 Lease\Lease Agr_2013_EMS Med#1_N 11th St.doc
E
RICH WITH OPPORTUNITY BEAUMON*• E • x • A • s Ci Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: James P. Singletary, Chief of Police
MEETING DATE: May 14, 2013
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute all documents necessary between the Office of the
Attorney General of Texas and the Beaumont Police
Department for certain Internet Against Children Crimes Task
Force activities.
BACKGROUND
The Internet Crimes Against Children(ICAC)Task Force was created to help State and Local law
enforcement agencies enhance their investigative response to offenders who use the internet,online
communication systems, or other computer technology to sexually exploit children. The program
is currently composed of regional Task Force agencies funded by the United States Office of
Juvenile Justice and Delinquency Prevention. The Training and Technical Assistance Program was
established to assist these agencies with training and technical assistance in support of their Internet
Crimes Against Children initiatives.
Signing this Memorandum of Understanding and becoming an ICAC affiliate would make ICAC
resources, contracts, and training available to our department. Furthermore, by signing the Grant
contract between the Office of the Attorney General and Beaumont Police Department, this will
provide $3,300 of allowable funds to be allocated for training and operating expenses.
FUNDING SOURCE
Grant Funds administered from the Texas Attorney General's office with no City match.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute all documents
necessary to join the Internet Crimes Against Children Task Force (ICAC), specifically a
Memorandum of Understanding and Grant Contract with the Office of the Attorney General
of Texas, substantially in the forms attached hereto as Exhibits "A" and "B," making
available to the City of Beaumont Police Department ICAC resources,contacts and training
opportunities.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of May,
2013.
- Mayor Becky Ames -
MEMORANDUM OF UNDERSTANDING
between
THE OFFICE OF THE ATTORNEY GENERAL
AND
BEAUMONT POLICE DEPARTMENT
OAG Contract No. 1340439
This Memorandum of Understanding (MOU) is executed between the Office of the Attorney
General of Texas (OAG) and Beaumont Police Department (DEPARTMENT) for certain
Internet Against Children Crimes Task Force activities. The OAG and Beaumont Police
Department may be referred to in this contract individually as "Party" or collectively as
"Parties."
SECTION 1 MISSION OF THE OAG
The Internet Crimes Against Children(ICAO)Task Force Program, United States Department of
Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention,
(OJJDP) has created the ICAC Task Force Program, which is a national network of state and
local law enforcement cyber crime units to address technology-facilitated child exploitation.
These task forces work collaboratively as a national network of law enforcement and
prosecutorial agencies that prevent, interdict, investigate and prosecute ICAC activities. The
ICAC program requires existing task forces to develop multi jurisdictional, multi-agency
responses to such offenses by providing funding and other support to state and local law
enforcement agencies as a means to help them acquire the necessary knowledge, personnel, and
equipment. This help encompasses investigative and forensic components, training and technical
assistance,victim services, and community education.
The OAG is designated by the OJJDP as the Regional Contact for the "Texas, Southern ICAC
Task Force." The OAG is a recipient of an OJJDP ICAC grant. The OAG utilizes the ICAC
grant funds to administer and operate an ICAC Task Force. The mission of the OAG's ICAC
Task Force is to: (1) properly investigate and prosecute those who sexually exploit children
through the use of the Internet and/or computers; (2) provide training and equipment to those
involved in investigating and prosecuting Internet crimes against children, and (3) provide
community education regarding the prevention of Internet crimes against children.
SECTION 2 PURPOSE OF THE MOU
The purpose of this MOU is to formalize the working relationship between the OAG and the
DEPARTMENT. This MOU delineates the responsibilities and expectations of the parties. By
signing this MOU, the DEPARTMENT agrees to join the OAG ICAC Task Force for the
primary purpose of vigorously and properly performing ICAC investigations. By joining the
OAG ICAC Task Force, the DEPARTMENT will benefit from joint operations and extensive
training opportunities.
ICAC MOU
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EXHIBIT "A"
By entering into this MOU, the OAG will benefit from the investigative support by the
DEPARTMENT.
This MOU cancels and replaces any prior existing ICAO Task Force MOU between the Parties.
SECTION 3 INVESTIGATIONS
All ICAC investigations will be conducted only by sworn law enforcement investigators and in a
spirit of cooperation with other OAG ICAC Task Force members. Investigations will follow
guidelines established by each party's agency's respective policy manual or guidelines.
However, ICAC investigations shall also be governed by the national ICAC program's
Operational and Investigative Standards. Violation of the ICAC operational standards is cause
for termination of this MOU. This MOU is not intended to infringe on the ongoing investigations
of any other agency. It is agreed that unilateral acts on the part of employees involved in ICAC
Task Force investigations are not in the best interest of the Task Force.
SECTION 4 DEPARTMENT'S DUTIES AND RESPONSIBILITIES
The DEPARTMENT will ensure the following activities:
A. Only sworn DEPARTMENT law enforcement personnel will conduct undercover ICAC
investigations. Each investigator involved with undercover operations must receive
ICAC training prior to initiating proactive investigations and shall submit reports of all
undercover activity to the OAG.
B. Conduct reactive investigations where subjects are associated with the DEPARTMENT's
jurisdiction, including investigations of child pornography, CYBERTIP referrals from
NCMEC, Internet Service Provider and law enforcement referrals, and other ICAC-
related investigations. Additional case initiations may develop from subject interviews,
documented public sources, direct observations of suspicious behavior, public
complaints, or other appropriate sources.
C. Record and document all undercover online activity. Any deviations from this policy due
to unusual circumstances shall be documented in the relevant case file and reviewed by
the ICAC Task Force Program Manager.
D. Provide agents assigned to the ICAC Task Force access to all ICAC investigative files
including, without limitation, computer records, in order to ensure compliance with all
national ICAC standards.
E. Locate its ICAC investigators in secured space provided by the DEPARTMENT with
controlled access to all equipment, software, and investigative files. At a minimum,
information should be maintained in locked cabinets and under control of the
DEPARTMENT ICAC Task Force personnel, with restricted access to authorized
personnel only.
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F, Conduct education and prevention programs to foster awareness and provide practical,
relevant guidance to children, parents, educators, librarians, the business and law
enforcement communities, and other individuals concerned about Internet child safety
issues. Presenters shall not discuss ongoing investigative techniques and undercover
operations utilized by the ICAC Task Force.
SECTION S SUPERVISION;COMPLIANCE WITH REGULATORY AND LICENSING BODIES
The DEPARTMENT will be responsible for the day-to-day operational supervision,
administrative control, and personal and professional conduct of its officers and agents assigned
to the Task Force. ICAC investigations are a cooperative effort and investigative decisions will
be a joint process guided by ICAC standards.
The DEPARTMENT agrees that it has obtained all licenses, certifications, permits and
authorizations necessary to perform the responsibilities of this MOU. The DEPARTMENT
agrees to comply with all applicable licenses, legal certifications, inspections, and any other
applicable local ordinance, state, or federal laws.
SECTION 6 NO EMPLOYMENT RELATIONSHIP WITH THE OAG; LIABILITY
The DEPARTMENT expressly agrees that there is no employment relationship between the
DEPARTMENT and the OAG. Under no circumstances shall any owners, incorporators,
officers, directors, employees, or volunteers of the DEPARTMENT be considered an employee,
agent,servant,joint venturer,joint enterpriser or partner of the OAG.
To the extent allowed by law, the DEPARTMENT is responsible for all types of claims
whatsoever due to their own actions or performance under this MOU, including, but not limited
to, the use of automobiles (or other transportation), taken by its owners, incorporators, officers,
directors, employees, volunteers or any third parties.
SECTION 7 REPORTING STATISTICS
Using the reporting form provided by the OAG, the DEPARTMENT shall submit monthly
statistics to the OAG on all ICAC investigations or other investigative work pertaining to the
sexual exploitation of children via the Internet. These statistics shall be submitted in the
appropriate format by the 10th calendar day of each month, and shall include data on all related
investigations opened or closed during the month, as well as forensic examinations,
technical/investigative assistance provided to other agencies, subpoenas and court orders issued,
training hours attended and taught, and community outreach provided.
In addition, the DEPARTMENT shall provide detail reporting on the basic case data for each
sexual exploitation of a minor (child pornography) case, and/or criminal solicitation of a minor
(enticement/traveler) case investigated by the DEPARTMENT. The OAG will then be
responsible for all required reporting to OJJDP.
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SECTION 8 TRAINING
The DEPARTMENT shall make investigators designated as ICAC Task Force members
available for applicable specialized training provided through the national ICAC program and
other appropriate training programs. The DEPARTMENT will support the on-going training
needs of its investigators to maintain their competency and currency.
SECTION 9 CONFIDENTIALITY
It is understood that any confidential information pertaining to ICAC investigations will be held
in the strictest confidence, and will only be shared with participating OAG ICAC Task Force
members or other law enforcement agencies where necessary or as otherwise permitted by
federal and/or state law.
Section 10 Term of MOU
This MOU shall be effective on April 1, 2013 and will continue in effect until August 31,2015.
Section 11 Termination of MOU
Either Party, at its sole discretion, with or without cause, may terminate this MOU upon thirty
(30)calendar day written notice to the other Party. Reasons for the OAG to terminate this MOU,
include, but are not limited to failure of DEPARTMENT to accept and/or investigate cyber tips,
failure of DEPARTMENT to report statistics to the OAG, failure of DEPARTMENT to adhere
to national ICAC program's Operational and Investigative Standards, or failure of
DEPARTMENT to not exercise reasonable efforts to support the on-going training needs of its
investigators to maintain their competency and currency.
Section 12 Signatures
The Parties stipulate and agree that the signatories hereto are signing, executing and performing
this.MOU only in their official capacity.
OFFICE OF THE ATTORNEY BEAUMONT POLICE DEPARTMENT
GENERAL
Printed Name: Printed Name:
Office of the Attorney General Authorized Official
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GRANT CONTRACT BETWEEN
THE OFFICE OF THE ATTORNEY GENERAL
AND
BEAUMONT POLICE DEPARTMENT
OAG Contract No. 1340454
This grant contract is executed between the Office of the Attorney General (OAG) and
Beaumont Police Department (GRANTEE) for certain grant funds. The Office of the Attorney
General and Beaumont Police Department may be referred to in this contract individually as
"Party"or collectively as"Parties."
SECTION 1. PURPOSE OF THE CONTRACT
The Internet Crimes Against Children(ICAO)Task Force Program, United States Department of
Justice, Office of Justice Programs (OJP), Office of Juvenile Justice and Delinquency
Prevention, seeks to maintain and expand State and regional ICAC task forces to address
technology-facilitated child exploitation. These task forces work collaboratively as a national
network of law enforcement and prosecutorial agencies that prevent, interdict, and investigate
Internet crimes against children. The program requires existing task forces to develop multi-
jurisdictional, multi-agency responses to such offenses by providing funding and other support to
State and local law enforcement agencies as a means to help them acquire the necessary
knowledge, personnel, and equipment. The purpose of this contract is to provide reasonable
contractual controls to ensure that the public purposes of the grant are achieved.
SECTION 2 TERM OF THE CONTRACT
This contract shall begin on April 1, 2013 and shall terminate August 31, 2013, unless it is
terminated earlier or extended in accordance with another provision of this contract. The OAG
is not obligated to reimburse expenses that were incurred prior to the commencement or after the
termination of this contract.
SECTION 3 GRANTEE'S CONTRACTUAL SERVICES
3.1 GRANTEE's Compliance with the Department of Justice, Office of Justice
Programs, Office of Juvenile Justice and Delinquency Prevention, Cooperative Agreement
for Award Number 2012-MC-FX-K047. The GRANTEE will comply with the terms and
conditions as set forth and required in the Cooperative Agreement between the OAG and the
Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency
Prevention, Award Number 2012-MC-FX-K047, (OAG Award Document), as well as the
applicable provisions of the OAG ICAC Grant Application or OAG Award Document as
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EXHIBIT "B"
supplemented, amended or adjusted.
3.2 Establishment of Final Project Budget; Grant Project Narrative; Special
Conditions. The GRANTEE's budget is attached as Exhibit A.
The grant project narrative is as follows:
To support certain travel expenses and other expenses.
The Special Conditions, including the OAG Award Document, are attached as Exhibit B.
The OAG, at its sole discretion,will establish the final project targets, outputs, and outcomes. In
addition, the OAG, at its sole discretion, may adjust GRANTEE's budget, targets, outputs, and
outcomes and/or any other items as deemed appropriate by the OAG, at any time, during the
term of this contract. The OAG, at its sole discretion, may supplement, amend or adjust the
Special Conditions attached to this contract.
SECTION 4 REQUIRED REPORTS
4.1 General Matters
4.1.1 Required Reports; Form of Reports; Filings with the OAG. GRANTEE shall
forward to the OAG, the applicable reports on forms as specified by the OAG. GRANTEE shall
establish written procedures to ensure that it files each document or form required by the OAG in
an accurate and timely manner. Unless filing dates are given herein, all other reports and other
documents that GRANTEE is required to forward to the OAG shall be promptly forwarded.
From time to time, the OAG may require additional information from GRANTEE.
4.1.2 Cooperation; Additional Information; Immediate Notification and Correction and
Inaccuracies. GRANTEE shall cooperate fully with the OAG. In addition to the information
contained in the required reports, other information may be required as requested by the OAG.
GRANTTEE will immediately notify the OAG in the event GRANTEE discovers that any
previously submitted information was inaccurate and forward the correction information to the
OAG.
4.1.3 Notification of Changes in Organization, Changes in Authorized Official or Grant
Contact. GRANTEE shall submit within ten (10) business days notice to the OAG of any
change of the following: GRANTEE's name; contact information; key personnel, officer, director
or partner; organizational structure; legal standing; or authority to do business in Texas. GRANTEE
shall promptly notify the OAG, preferably in advance, of a change in address or main telephone
number of GRANTEE. A change in GRANTEE's name requires an amendment to the contract.
GRANTEE must submit a written request by the governing body on GRANTEE's letterhead,
with original signature, to change an Authorized Official. GRANTEE, by an email, fax or
ICAC 5ubrecipiant Grant Contract-Beaumont Police Department
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GRANTEE letterhead signed by the Authorized Official, may request a change to the Grant
Contact.
4.1.4 Standards for Financial and Programmatic Management. GRANTEE and its
governing body shall bear full and sole responsibility for the integrity of the fiscal and
programmatic management of the organization.
Such fiscal and programmatic management shall include accountability for all funds and
materials received from the OAG; compliance with OAG rules, policies and procedures, and
applicable federal and state laws and regulations; and correction of fiscal and program
deficiencies identified through self-evaluation and/or the OAG's monitoring processes.
Ignorance of any contract provisions or other requirements referenced in this contract shall not
constitute a defense or basis for waiving or failing to comply with such provisions or
requirements.
GRANTEE shall develop, implement, and maintain financial management and control systems
that include appropriate financial planning, including the development of budgets that adequately
reflect all functions and resources necessary to carry out authorized activities and the adequate
determination of costs; financial management systems, including accurate and complete payroll,
accounting, and financial reporting records; cost source documentation; effective internal and
budgetary controls; determination of reasonableness, allocation of costs; and timely and
appropriate audits and resolution of any findings; and annual financial statements, including
statements of financial position, activities, and cash flows, prepared on an accrual basis in
accordance with Generally Accepted Accounting Principles (GAAP) or other recognized
accounting principle.
4.1.5. Security and Confidentiality of Records. GRANTEE shall establish a method to
secure the confidentiality of records and other information relating to services provided in
accordance with applicable federal and state law, rules and regulations. This provision shall not
be construed as limiting the OAG's access to such records and other information.
4.2 Programmatic Reports
4.2.1 ICAC Semiannual Progress Reports, including Outcome Measure Reports.
GRANTEE will support the OAG in its progress reporting requirements, including the reporting
requirements of outcome measures. The OAG is required to report, within 30 days after the end
of the reporting periods, certain outcome measures. The semiannual reporting periods end on the
last day of June and December each year. The OAG will establish deadlines for the GRANTEE
to meet its requirement to report to the OAG.
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GRANTEE shall report data to the OAG on the following outcome measures:
a. Number of CyberTipLine referrals received and investigated;
b. Number of indictments obtained on CyberTipLine referrals;
c. Number of convictions obtained on CyberTipLine referrals;
d. Number of online solicitation of a minor(or its equivalent)arrests;
e. Number of online solicitation of a minor (or its equivalent) indictments
obtained;
f. Number of online solicitation of a minor (or its equivalent) convictions
obtained;
g. Total number of ICAC-related arrests during reporting period;
h. Number of partner agencies that sign memorandum certifying compliance
with ICAC program guidelines;
i. Number of investigative technical assistance sessions that ICAC task force
provides to non-member law enforcement agencies;
j. Number of computer forensic technical assistance examinations that ICAC
task forces provide to non-member law enforcement agencies;
k. Percent increase in arrests related to technology-facilitated child sexual
exploitation and Internet Crimes Against Children;
1. Percent increase in computer forensic examinations completed by ICAC
task forces; and
m. Percent increase in investigative technical assistance sessions provided by
ICAC task forces to nonmember law enforcement agencies.
4.2.2 ICAC Task Force Program Monthly Performance Measures.GRANTEE will support
the OAG in its reporting requirements of ICAC Task Force Program Monthly Performance
Measures. The OAG will establish the GRANTEE's monthly reporting deadlines. The
Performance Measures, which shall include additional supporting data elements, include, but are
not limited to, the following:
a. Complaints;
b. Case Information;
c. Goals;
d. Court Actions;
e. Technical Assists;
f. Training; and
g. Community Outreach Presentations.
4.2.3 ICAC Annual Reports. GRANTEE will support the OAG in its reporting requirements
of the following measures:
a. Staffing levels of the task force, including the number of investigators,
prosecutors, education specialists, and forensic specialists dedicated to
investigating and prosecuting Internet crimes against children.
b. Investigation and prosecution performance measures of the task force,
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including:
I. the number of investigations initiated related to Internet Crimes
Against Children;
2. the number of arrests related to Internet Crimes Against Children;
and
3. the number of prosecutions for Internet Crimes Against Children,
including-
i. whether the prosecution resulted in a conviction for such
crime; and
ii. the sentence and the statutory maximum for such crime
under State law.
c. The number of referrals made by the task force to the United States
Attorneys office, including whether the referral was accepted by the
United States Attorney.
d. Statistics that account for the disposition of investigations that do not
result in arrests or prosecutions, such as referrals to other law
enforcement.
e. The number of investigative technical assistance sessions that the task
force provided to nonmember law enforcement agencies.
f. The number of computer forensic examinations that the task force
completed.
g. The number of law enforcement agencies participating in Internet Crimes
Against Children program standards established by the task force.
4.2.4 Written Explanation of Variance. GRANTEE is required to provide a written
explanation to the OAG for any variances by GRANTEE from projected performance. In
addition to the written explanation, GRANTEE shall promptly answer any questions of the
OAG, whether in writing or otherwise, in connection with the quarterly and annual reports
presented to the OAG.
4.2.5 Other Program Reports. GRANTEE shall cooperate fully in any social studies, fiscal
or programmatic monitoring, auditing, evaluating, and other reviews pertaining to services
rendered by GRANTEE which may be conducted by the OAG or its designees.
GRANTEE shall submit service delivery reports required by the contract or self-evaluations of
performance and other reports requested by the OAG in appropriate format and on a timely basis
and make available at reasonable times and for reasonable periods, client records and other
programmatic or financial records, books, reports, and supporting documents for reviewing and
copying by the OAG or its designees.
4.3 Financial Matters
4.3.1 Annual Budgets. With regard to the use of funds pursuant to this contract, GRANTEE
will immediately review the annual budget as established in this contract.
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4.3.2 Monthly Request for Reimbursement and Financial Status Report. Grant funds are
paid on a cost reimbursement basis. GRANTEE will submit, each month, a monthly request for
reimbursement for the actual and allowable allocable costs incurred by GRANTEE for project
costs to provide services under this contract. The payments made to GRANTEE shall not exceed
its actual and allowable allocable costs to provide the services under this contract.
The request for reimbursement will be submitted to the OAG in the form and manner as
approved by the OAG and will specify the detailed and total expenses for the month, in the
following cost categories: (i) personnel and fringe benefits, reported separately, (ii) professional
and consulting services, (iii) travel, (iv) equipment, (v) supplies, and (vi) other direct operating
expenses. The request for reimbursement must be accompanied by supporting documentation as
required by the OAG. The OAG may from time to time require different or additional supporting
documentation.
A financial status report is required each month, whether GRANTEE has paid expenses, or is
seeking reimbursement.
4.3.3 Fiscal Year End Required Reports. On or before June 30, 2013 or a date as
established by the OAG;GRANTEE will submit fiscal year end required reports.
Record of Reimbursement. GRANTEE will submit a reconciled record of its expenses for
the prior fiscal year in the following cost categories: (i) personnel and fringe benefits,
reported separately, (ii) professional and consulting services, (iii) travel, (iv) equipment,
(v)supplies, and(vi) other direct operating expenses.
Equipment Inventory Report. GRANTEE will submit an Equipment Inventory Report
which provides record of the current inventory of items purchased, disposed, replaced or
transferred of any equipment purchased with grant funds.
4.3.4 Annual Independent Financial Audit Report. GRANTEE shall timely submit, via
email, to the OAG a copy of its annual independent financial audit—"timely"means on or before
May 31 for an grantee whose fiscal year ends on August 31 of each year; otherwise, the timely
submission to the OAG is on or before nine (9)months after the end of GRANTEE's accounting
year. GRANTEE will contract an independent CPA firm to perform an annual fnancial audit
engagement. GRANTEE's independent CPA firm will determine the type of annual financial
audit, which may include a compliance attestation in accordance with the requirements of OMB
Circular A-133 (audits of State, Local Government, and Non-Profit Organizations) and/or Texas
Single Audit Circular (Single Audit or non-Single Audit financial audit). If applicable,
GRANTEE will provide the OAG with any and all annual independent financial audits or
audited financial statements, related management letters, and management responses of
GRANTEE.
4.3.5 Timing of Submission of Request for Reimbursement to the OAG; Close Out
Invoice. GRANTEE is responsible for submitting bills in an accurate and timely manner, and
[CAC Subrecipient Grant Contract—Beaumont Police Department
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shall make every reasonable effort to submit monthly billings to the OAG, which cover the
previous month's expenses, so that they are received by the OAG on or before the twentieth
(20'h) working day of each month, or if the 20'h falls on a weekend or holiday, the next business
day. The OAG will make all reasonable efforts to promptly process and make payments on
properly completed billings. GRANTEE may submit a final invoice not later than the earlier of
(1) forty-five (45) calendar days after termination of this contract; or(2) forty-five (45) calendar
days after the end of each state fiscal year.
4.3.6 Reimbursement of Actual and Allowable Costs. The OAG shall only reimburse costs
incurred and paid by GRANTEE during the term of this contract. The OAG shall only reimburse
GRANTEE for employee costs that are directly related to performing the responsibilities of this
contract.
4.3.7 Refunds and Deductions. if the OAG determines that GRANTEE has been overpaid
grant funds under this contract, such as payments made inadvertently or payments made but later
determined to not be actual and allowable allocable costs, GRANTEE shall refund that amount
of the OAG reimbursement identified by the OAG as an overpayment. The OAG may offset and
deduct the amount of the overpayment from any amount owed to GRANTEE, as a
reimbursement, but not yet paid by the OAG to GRANTEE. The OAG may choose to require a
payment directly from GRANTEE rather than offset and deduct a specified amount. GRANTEE
shall refund any overpayment to the OAG within thirty (30) calendar days of the receipt of the
notice of the overpayment from the OAG unless an alternate payment plan is specified by the
OAG.
4.3.8 Purchase of Equipment; Maintenance and Repair; Title upon Termination.
GRANTEE shall not give any security interest, lien or otherwise encumber any item of
equipment purchased with contract funds. GRANTEE shall permanently identify all equipment
purchased under this contract by appropriate tags or labels affixed to the equipment. GRANTEE
shall maintain a current inventory of all equipment or assets, which is available to the OAG at all
times upon request.
GRANTEE will administer a program of maintenance, repair, and protection of equipment or
assets under this contract so as to ensure the full availability and usefulness of such equipment or
assets. In the event GRANTEE is indemnified, reimbursed, or otherwise compensated for any
loss of, destruction of, or damage to the assets provided under this contract, it shall use the
proceeds to repair or replace said equipment or assets.
To the extent that the OAG reimburses GRANTEE for its purchase of equipment and supplies
with funds from this contract, GRANTEE agrees that upon termination of the contract, title to or
ownership of all such purchased equipment and supplies, at the sole option of the OAG, shall
remain with the OAG.
4.3.9 Direct Deposit. GRANTEE may make a written request to the OAG to be placed on
Direct Deposit status by completing and submitting to the OAG the State Comptroller's Direct
Deposit Authorization Form. After the direct deposit request is approved by the OAG and the
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setup is completed on the Texas Identification Number System by the State Comptroller's Office,
payment will be remitted by direct deposit and the OAG will discontinue providing GRANTEE
with copies of reimbursement vouchers.
SECTION 5 OBLIGATIONS OF OAG
5.1 Monitoring. The OAG is responsible for closely monitoring GRANTEE to ensure the
effective and efficient use of grant funds to accomplish the purposes of this contract.
5.2 Maximum Liability of OAG. The maximum Iiability of the OAG is contained in the
attached Exhibit A. Any change to the maximum liability must be supported by a written
amendment to this contract.
5.3 Reimbursement of Grantee Expenses. The OAG shall be liable to reimburse
GRANTEE for all actual and allowable allocable costs incurred by GRANTEE pursuant to this
contract. The OAG is not obligated to pay unauthorized costs. In addition to other reasons,prior
written approval from the OAG is required if GRANTEE anticipates altering the scope of the
grant, adding funds to previously un-awarded budget categories, changing funds in any awarded
budget category by more than 10% of the annual budget and/or adding new line items to any
awarded budget category.
5.4 Contract Not Entitlement or Right. Reimbursement with contract funds is not an
entitlement or right. Reimbursement depends, among other things, upon strict compliance with
all terms, conditions and provisions of this contract. The OAG and GRANTEE agree that any
act, action or representation by either party, their agents or employees that purports to increase
the maximum liability of the OAG is void, without first executing a written amendment to this
contract. GRANTEE agrees that nothing in this contract will be interpreted to create an
obligation or liability of the OAG in excess of the funds as stated in this contract.
5.5 Funding Limitation. GRANTEE agrees that funding for this contract is subject to the
actual receipt of grant funds (state and/or federal) appropriated to the OAG and such funds are
sufficient to satisfy all of OAG's duties, responsibilities, obligations, liability, and for
reimbursement of all expenses, if any, as set forth in this contract or arising out of any
performance pursuant to this contract. GRANTEE agrees that the grant funds, if any, received
from the OAG are limited by the term of each state biennium and by specific appropriation
authority to and the spending authority of the OAG for the purpose of this contract. GRANTEE
agrees that notwithstanding any other provision of this contract, if the OAG is not
appropriated the funds or if the OAG does not receive the appropriated funds for the
purpose of this grant program, or if the appropriated funds made for the purposes of this
grant program, are deemed, in the sole discretion of the OAG, required to be reallocated to
fund other state programs or purposes, the OAG is not liable to pay the GRANTEE any
remaining balance on this contract.
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SECTION 6 TERMINATION
6.1 Termination for Convenience. Either Party may, at its sole discretion, terminate this
contract in whole or in part, without recourse, liability or penalty, upon thirty (30) calendar days
notice to the other party.
6.2 Termination for Cause. In the event that GRANTEE fails to perform or comply with an
obligation of the terms, conditions and provisions of this contract, the OAG may, upon written
notice of the breach to GRANTEE, immediately terminate all or any part of this contract.
6.3 Termination Not Exclusive Remedy; Survival of Terms and Conditions.
Termination is not an exclusive remedy, but will be in addition to any other rights and remedies
provided in equity,by law, or under this contract.
Termination of this contract for any reason or expiration of this contract shall not release the
Parties from any liability or obligation set forth in this contract that is expressly stated to survive
any such termination or by it nature would be intended to be applicable following any such
termination. The following terms and conditions, (in addition to any others that could reasonable
be interpreted to survive but are not specifically identified), survive the termination or expiration
of this contract: Sections 4, 5, 7; 11; and 12.
SECTION 7 AUDIT RIGHTS;RECORDS RETENTION
7.1 Duty to Maintain Records. GRANTEE shall maintain adequate records to support its
charges, procedures, and performances to the OAG for all work related to this contract.
GRANTEE also shall maintain such records as are deemed necessary by the OAG, OAG's
auditor, the State Auditor's Office or other auditors of the State of Texas, the United States, or
such other persons or entities designated by the OAG, to ensure proper accounting for all costs
and performances related to this contract.
7.2 Records Retention. GRANTEE shall maintain and retain for a period of four (4) years
after the submission of the final expenditure report, or until full and final resolution of all audit
or litigation matters which arise after the expiration of the four (4) year period after the
submission of the final expenditure report, whichever time period is longer, such records as are
necessary to fully disclose the extent of services provided under this contract, including but not
limited to any daily activity reports and time distribution and attendance records, and other
records that may show the basis of the charges made or performances delivered.
7.3 Audit Trails. GRANTEE shall maintain appropriate audit trails to provide
accountability for updates to mission critical information, charges, procedures, and
performances. Audit trails maintained by GRANTEE will, at a minimum, identify the
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supporting documentation prepared by GRANTEE to permit an audit of the system by tracing
the activities of individuals through the system. GRANTEE's automated systems must provide
the means whereby authorized personnel have the ability to audit and to verify contractually
required performances and to establish individual accountability for any action that can
potentially cause access to,generation of, or modification of confidential information.
7.4 Access and Audit. GRANTEE shall grant access to and make available copies of all
paper and electronic records, books, documents, accounting procedures, practices, and any other
items relevant to the performance of this contract, compliance with the applicable state or federal
laws and regulations, and the operation and management of GRANTEE to the OAG or its
designees for the purposes of inspecting, auditing,or copying such items. GRANTEE will direct
any contractor to discharge GRANTEE's obligations to likewise permit access to, inspection of,
and reproduction of all books and records of the subcontractor(s)that pertain to this contract. All
records, books, documents, accounting procedures, practices, and any other items, in whatever
form., relevant to the performance of this contract, shall be subject to examination or audit.
Whenever practical as determined at the sole discretion of the OAG, the OAG shall provide
GRANTEE with up to five(5)business days advance notice of any such examination or audit.
7.5 Location. Any audit of records shall be conducted at GRANTEE's principal place of
business and/or the location(s) of GRANTEE's operations during GRANTEE's normal business
hours. GRANTEE shall provide to OAG or its designees, on GRANTEE's premises (or if the
audit is being performed of a subcontractor, the subcontractor's premises if necessary) private
space, office furnishings (including lockable cabinets), telephone and facsimile services, utilities
and office-related equipment and duplicating services as OAG or its designees may reasonably
require to perform the audits described in this contract.
SECTION 8 SUBMISSION OF INFORMATION TO THE OAG
The OAG will designate methods for submission of information to the OAG by GRANTEE.The
OAG generally requires submission of information via email or hard copy format. Some
reporting requirements must occur via the internet and/or a web-based data collection method.
Programmatic Reports and Information (excluding FInancial Reports). All quarterly
statistical reports, annual performance reports, correspondence, reports or notices, except
financial reports specified below,must be submitted via email to:
OAG-Grants@texasattomeygeneral.gov
If requested or approved by the OAG, other programmatic reports, may be submitted to:
Program Manager--Grants Administration Division
Office of the Attorney General
Mail Code 005
Post Office Box 12548
ICAC Su6nxipient Grant Contract-aeaumont Police Department
Page 10 of 18
Austin,Texas 78711-2548
8.2 Financial Reports (excluding Programmatic Reports and Information). All financial
status reports, requests for reimbursement, audits, and inventory reports, must be submitted in
hard copy format to:
Financial Manager—Grants Administration Division
Office of the Attorney General
Mail Code 005
Post Office Box 12548
Austin,Texas 78711-2548
The Annual Independent Financial Audit and related documents, as well as any other reports, if
requested or approved by the OAG,may be submitted to:
OAG-Grants @texasattomeygeneral.gov
SECTION 9 CORRECTIVE ACTION PLANS AND SANCTIONS
The Parties agree to make a good faith effort to identify, communicate and resolve problems
found by either the OAG or GRANTEE.
9.1 Corrective Action Plans. If the OAG finds deficiencies with GRANTEE's performance
under this contract, the OAG, at its sole discretion, may impose one or more of the following
remedies as part of a corrective action plan: increase monitoring visits; require additional or
more detailed financial and/or programmatic reports be submitted; require prior approval for
expenditures; require additional technical or management assistance and/or make modifications
in business practices; reduce the contract amount; and/or terminate this contract. The foregoing
are not exclusive remedies, and the OAG may impose other requirements that the OAG
determines will be in the best interest of the State.
9.2 Financial Hold. Failure to comply with submission deadlines for required reports,
invoices, or other requested information, may result in the OAG, at its sole discretion, placing
GRANTEE on immediate financial hold without further notice to GRANTEE and without first
requiring a corrective action plan. No reimbursements will be processed until the requested
information is submitted. If GRANTEE is placed on financial hold, the OAG, at its sole
discretion, may deny reimbursement requests associated with the invoices submitted during the
time GRANTEE was placed on financial hold.
9.3 Sanctions. In addition to financial hold, the OAG, at its sole discretion, may impose
other sanctions without first requiring a corrective action plan. The OAG, at its sole discretion,
may impose sanctions, including, but not limited to, withhold or suspend funding, offset previous
reimbursements, require repayment, disallow claims for reimbursement, reduce funding,
terminate this contract and/or any other appropriate sanction.
ICAC Subrecipient Grant Contract--Beaumont Police Department
Page 11 of 18
9.4 No Waiver. Notwithstanding the imposition of corrective actions, financial hold and/or
sanctions, GRANTEE remains responsible for complying with the contract terms and conditions.
Corrective action plans, financial hold and/or sanctions do not excuse or operate as a waiver of
prior failure to comply with this contract.
SECTION 10 GENERAL TERMS AND CONDITIONS
10.1 Federal and State Laws, Rules and Regulations, Directives, Guidelines, OMBs and
Other Relevant Authorities. GRANTEE agrees to comply with all applicable federal and state
laws, rules and regulations, directives, guidelines, OMB circulars, or any other authorities
relevant to the performance of GRANTEE under this contract.
10.2 Uniform Grant Management Act, UGMS and Applicable Standard Federal and
State Certifications and Assurances. GRANTEE agrees to comply with applicable laws,
executive orders, regulations and policies as well as the Uniform Grant Management Act of 1981
(UGMA), Texas Government Code, Chapter, 783, as amended, GRANTEE agrees to comply
with Uniform Grant Management Standards (UGMS), as promulgated by the Governor's
Budget and Planning Office, Further, GRANTEE agrees to comply with the applicable OAG
Certifications and Assurances, including, but not limited to, the equal employment opportunity
program certification, disclosure and certification regarding lobbying, non-procurement
debarment certification, drug-free workplace certification, annual single audit certification,
compliance with annual independent financial audit filing requirement, compliance with UGMS
and the applicable OMB circulars, return of grant funds in the event of loss or misuse, and
conflict of interest.
10.3 Generally Accepted Accounting Principles or Other Recognized Accounting
Principles. GRANTEE shall adhere to Generally Accepted Accounting Principles (GAAP)
promulgated by the American Institute of Certified Public Accountants, unless other recognized
accounting principles are required by GRANTEE, and follow OAG fiscal management policies
and procedures in processing and submitting for reimbursement GRANTEE's billing and
maintaining financial records relating to this contract.
10.4 Conflicts of Interest; Disclosure of Conflicts. GRANTEE has not given, offered to
give, nor intends to give at any time hereafter, any economic opportunity, future employment,
gift, loan, gratuity, special discount, trip, favor, or service to a public servant or employee of the
OAG, at any time during the negotiation of this contract or in connection with this contract,
except as allowed under relevant state or federal law. GRANTEE will establish safeguards to
prohibit its employees from using their positions for a purpose that constitutes or presents the
appearance of personal or organizational conflict of interest or personal gain. GRANTEE will
operate with complete independence and objectivity without actual, potential or apparent conflict
of interest with respect to their performance under this contract. GRANTEE must disclose, in
writing, within fifteen (15) calendar days of discovery, any existing or potential conflicts of
interest relative to their performance under this contract.
ICAC Subnxipient Grant Contract--Beaumont Police Department
Page 12 of 18
10.5 Compliance with Regulatory and Licensing Bodies. GRANTEE agrees that it has
obtained all licenses, certifications, permits and authorizations necessary to perform the
responsibilities of this contract and currently is in good standing with all regulatory agencies that
regulate any or all aspects of GRANTEE's business or operations. GRANTEE agrees to remain
in good standing with the Texas Secretary of State, Texas Comptroller of Public Accounts and
related Federal governmental bodies related to GRANTEE's right to conduct it business in
Texas. GRANTEE agrees to comply with all applicable licenses, legal certifications, inspections,
and any other applicable local ordinance, state, or federal laws. If GRANTEE is a law
enforcement agency regulated by Chapter 1701, Texas Occupations Code, GRANTEE agrees
that it is in compliance with all rules developed by the Texas Commission on Law Enforcement
Officer Standards and Education.
SECTION 11 SPECIAL TERMS AND CONDITIONS
11.1 Independent Contractor Status; Indemnity and Hold Harmless Agreement.
GRANTEE expressly agrees that it is an independent contractor and under no circumstances
shall any owners, incorporators, officers, directors, employees, or volunteers of GRANTEE be
considered an OAG employee, agent, servant, joint venturer,joint enterpriser or partner of the
OAG. GRANTEE agrees to take such steps as may be necessary to ensure that each contractor
of GRANTEE will be deemed to be an independent contractor and will not be considered or
permitted to be an agent, servant,joint venturer,joint enterpriser or partner of OAG.
All persons furnished, used, retained, or hired by or on behalf of GRANTEE or any of their
contractors shall be considered to be solely the employees or agents of GRANTEE or the
contractors. GRANTEE or contractors shall be responsible for ensuring that there is payment of
any and all appropriate payments,such as unemployment, workers compensation, social security,
any benefit available to a state employee as a state employee, and other payroll taxes for such
persons, including any related assessments or contributions required by law.
To the extent allowed by law, GRANTEE or contractors are responsible for all types of
claims whatsoever due to the actions or performance under this contract,including,but not
limited to, the use of automobiles or other transportation, taken by its owners,
incorporators, officers, directors, employees, volunteers or any third parties and
GRANTEE and/or contractors will indemnify and hold harmless the OAG and/or the State
of Texas from and against any and all claims arising out of their actions or performance
under this contract. To the extent allowed by law, GRANTEE agrees to indemnify and
hold harmless the OAG and/or the State of Texas from any and all liability, actions, claims,
demands, or suits, and all related costs, attorney fees, and expenses, that arise from or are
occasioned by the negligence, misconduct, or wrongful act or omission of GRANTEE, its
employees, representatives, agents, or subcontractors in their performance under this
contract.
11.2 Publicity. GRANTEE shall not use the OAG's name or refer to the OAG directly or
ICAC 5ubrecipient Grant Contract-Beaumont Police Department
Page 13 of 18
indirectly in any media release, public service announcement or public service disclosure relating
to this contract or any acquisition pursuant hereto, including in any promotional or marketing
materials, without first obtaining the written consent from the OAG. This section is not intended
and does not limit GRANTEE's ability to comply with its obligations and duties under the Texas
Open Meetings Act and/or the Texas Public Information Act.
11.3 Intellectual Property. GRANTEE understands and agrees that where funds obtained
under this contract may be used to produce original books, manuals, films, or other original
material and intellectual property, GRANTEE may copyright such material subject to the
royalty-free, non-exclusive, and irrevocable license which is hereby reserved by the OAG and
GRANTEE hereby grants to the OAG or the state (or federal government, if federal funds are
expended in this grant);government. The OAG is granted the unrestricted right to use, copy,
modify, prepare derivative works,publish and distribute,at no additional cost to the OAG, in any
manner the OAG deems appropriate at its sole discretion, any component of such intellectual
property made the subject of this contract.
11.4 Program Income. Gross income directly generated from the grant funds through a
project or activity performed under this contract are considered program income. Unless
otherwise required under the terms of this contract, any program income shall be used by
GRANTEE to further the program objectives of the project or activity funded by this grant, and
the program income shall be spent on the same project or activity in which it was generated.
GRANTEE shall identify and report this income in accordance with the OAG's reporting
instructions. GRANTEE shall expend program income during this contract term; program
income not expended in this contract term shall be refunded to the OAG.
11.5 No Supplanting. GRANTEE shall not supplant or otherwise use funds from this contract
to replace or substitute existing funding from other sources that also supports the activities that
are the subject of this contract.
1.1.6 No Solicitation or Receipt of Funds on Behalf of OAG. It is expressly agreed that any
solicitation for or receipt of funds of any type by GRANTEE is for the sole benefit of
GRANTEE and is not a solicitation for or receipt of funds on behalf of the OAG or the Attorney
General of the State of Texas.
11.7 No Subcontracting or Assignment Without Prior Written Approval of OAG.
GRANTEE may not subcontract or assign any of its rights or duties under this contract without
the prior written approval of the OAG. It is within the OAG's sole discretion to approve any
subcontracting or assignment. In the event OAG approves subcontracting or assignment by
GRANTEE, GRANTEE will ensure that its contracts with others shall require compliance with
the provisions of this contract to the extent compliance is needed to support GRANTEE's
compliance with this contract. GRANTEE, in subcontracting for any performances specified
herein, expressly understands and agrees that it is not relieved of its responsibilities for ensuring
that all performance is in compliance with this contract and that the OAG shall not be liable in
any manner to GRANTEE's subcontractor(s).
ICAO 5ubrecipient Grant Contract--Beaumont Police Department
Page 14 of 18
11.8 No Waiver of Sovereign Immunity. The Parties agree that no provision of this contract
is in any way intended to constitute a waiver by the OAG or the State of 'T'exas of any
immunities from suit or from liability that the OAG or the State of Texas may have by operation
of law.
11.9 Governing Law; Venue. This contract is made and entered into in the State of Texas.
This contract and all disputes arising out of or relating thereto shall be governed by the laws of
the State of Texas, without regard to any otherwise applicable conflict of law rules or
requirements.
Except where state law establishes mandatory venue, GRANTEE agrees that any action, suit,
litigation or other proceeding (collectively "litigation") arising out of or in any way relating to
this contract shall be commenced exclusively in the Travis County District Court or the United
States District Court in the Western District, Austin Division, and to the extent allowed by law,
hereby irrevocably and unconditionally consent to the exclusive jurisdiction of those courts for
the purpose of prosecuting and/or defending such litigation. GRANTEE hereby waives and
agrees not to assert by way of motion, as a defense, or otherwise, in any suit, action or
proceeding, any claim that GRANTEE is not personally subject to the jurisdiction of the above-
named courts, the suit, action or proceeding is brought in an inconvenient forum and/or the
venue is improper.
11.11 Catalog of Federal Domestic Assistance Number. The Catalog of Federal Domestic
Assistance Number (CFDA) number for the Department of Justice, Office of Justice Programs,
Office of Juvenile Justice and Delinquency Prevention program is 16.543, titled "Missing
Children's Assistance."
11.12 MOU between OAG and GRANTEE. The OAG and GRANTEE will have in place a
Memorandum of Understanding that outlines the duties and responsibilities as a member of the
Internet Crimes Against Children Task Force. GRANTEE agrees to comply with the approved
Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency
Prevention ICAC Task Force Operational and Investigative Standards.
SECTION 12 CONSTRUCTION OF CONTRACT AND AMENDMENTS
12.1 Construction of Contract. The provisions of Section 1 are intended to be a general
introduction to this contract. To the extent the terms and conditions of this contract do not
address a particular circumstance or are otherwise unclear or ambiguous, such terms and
conditions are to be construed consistent with the general objectives, expectations and purposes
of this contract.
12.2 Entire Agreement, including Exhibits. This contract, including all exhibits reflect the
entire agreement between the Parties with respect to the subject matter therein described, and
there are no other representations (verbal or written), directives, guidance, assistance,
understandings or agreements between the Parties relative to such subject matter. By executing
ICAC Subrecipient Grant Contract-Beaumont Police Department
Page 15 of 18
this contract, GRANTEE agrees to strictly comply with the requirements and obligations of this
contract, including all exhibits.
12.3 Amendment. This contract shall not be modified or amended except in writing, signed
by both parties. Any properly executed amendment of this contract shall be binding upon the
Parties and presumed to be supported by adequate consideration.
12A Partial Invalidity. If any term. or provision of this contract is found to be illegal or
unenforceable, such construction shall not affect the legality or validity of any of its other
provisions. The illegal or invalid provision shall be deemed severable and stricken from the
contract as if it had never been incorporated herein, but all other provisions shall continue in full
force and effect.
12.5 Non-waiver. The failure of any Party to insist upon strict performance of any of the
terms or conditions herein, irrespective of the length of time of such failure, shall not be a waiver
of that party's right to demand strict compliance in the future. No consent or waiver, express or
implied, to or of any breach or default in the performance of any obligation under this contract
shall constitute a consent or waiver to or of any breach or default in the performance of the same
or any other obligation of this contract.
12.6 Official Capacity. The Parties stipulate and agree that the signatories hereto are signing,
executing and performing this contract only in their official capacity.
OFFICE OF THE ATTORNEY BEAUMONT POLICE
GENERAL OF TEXAS DEPARTMENT
Printed Name: Printed Name:
Office of the Attorney General Authorized Official
1CAC Subrecipient Grant Contract--Beaumont Police Department
Page 16 of 18
EXHIBIT A
GRANT CONTRACT
BETWEEN THE OFFICE OF THE ATTORNEY GENERAL
AND BEAUMONT POLICE DEPARTMENT
OAG Contract No. 1340454
Maximum Liability of the OAG. The OAG and GRANTEE agree that the total liability of the
OAG to GRANTEE directly or indirectly arising out of this contract and in consideration of full,
satisfactory and timely performance of all its duties, responsibilities, obligations, liability, and
for reimbursement of all expenses, if any, as set forth in this contract or arising out of any
performance herein, shall not exceed:
THREE THOUSAND THREE HUNDRED AND 00/100 ($3,300)DOLLARS
Subject to the limitations within this contract, the OAG will reimburse GRANTEE for actual
allowable and allocable costs paid according to the following amounts and budget categories:
Budget Category — -- ----- ---- — ! Amount
Personnel $ 0
Fringe Benefits $ 0
Professional &Contractual Services $ 0
Travel-------- $ 2,350
Equipment $0 t
------------_ -
Supplies $ 0 I
Other Direct Operating Expenses $ 950
Total $3,300
,
ICAO Subrecipient Grant Contract—Beaumont Police Department
Page 17 of 18
EXHIBIT B
GRANT CONTRACT
BETWEEN THE OFFICE OF THE ATTORNEY GENERAL
AND BEAUMONT POLICE, DEPARTMENT
OAG Contract No. 1340454
SPECIAL CONDITIONS
Special Conditions are imposed by the OAG at this time. GRANTEE's signature on this contact
will be treated as a signature agreement for each of the 15 pages of the Special Conditions, as
attached.
In addition to the Special Conditions identified in this exhibit to this contract, the OAG may, at
its sole discretion, impose additional special conditions, with or without notice, without
amending this contract.
The Special Conditions that apply to this contract are:
• Department of Justice, Office of Justice Programs, Office of Juvenile Justice and
Delinquency Prevention, Special Conditions of the Cooperative Agreement (OAG
Award Document),2012-MC-FX-K047,and any subsequent award document.
Seven(7)pages.
• Compliance with the Department of Justice, Office of Justice Programs, Office of
Civil Rights federal civil rights laws, as provided in letter dated September 28,2012,
to Texas Office of the Attorney General and any subsequent award document.
➢ Two(2)pages.
• Department of Justice, Office of Justice Programs, Assurances -- Non Construction
and Standard Assurances.
> Six(6)pages.
1CAC Subrecipient Grant Contract—Beaumont Police Department
Page 18 of 18
Deportment of Justice
Office of Justice Programs
Office of Juvenile Justice and PAGE I OF 7
Cooperative Agreement
Delinquency Prevention
L RECIPIENT NAME AND ADDRESS(Including Zip Code) 4.AWARD NUMBER 2012-MC-FX•XO47
Texas omceofthe Attorney General
PO Box 12548 S.PROJECT PERIOD:FROM 07!01!2012 TO 0613012013
Amon,TX 78711.2548
BUDGET PERIOD:FROM 07!01/2012 TO M012013
6.AWARD DATE Wn8/2012 7,ACTION
IA.GRANTEE IRSNENDOR NO. 8.SUPPLEMENT NUMBER Initial
746000057 00
9.PREVIOUS AWARD AMOUNT $0
3.PROD FCT TITLE !0.AMOUNT OF THIS AWARD $428,311
Texas Oftiee of the Attorney General Sowhem ICAC Tusk Force
11.TOTAL AWARD $428,31 I
12.SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
ON THE ATTACHED PAGE(S).
13.STATUTORY AUTHORITY FOR GRANT
This project is supported under FY 12(OJJDP ICAC)42 USC 17611-17617
15.METHOD OF PAYMENT
OPRS
AGENCY APPROVAL GRANTEE ACCEPTANCE
16.TYPED NAME AND TITLE OF APPROVINO OFFICIAL IS.TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
Mary Lou Leary Daniel Hodge
Acting Assistant Attorney General First Assistant Attorney General
17.SIGNATURE OF APPROVING OFFICIAL. 19.SIGNATURE OF AUTI•IORIZED RECIPIENT OFFICIAL 19A.DATE
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AGENCY USE ONLY
20,ACCOUNTING CLASSIFICATION CODES 21, LMCTOT0337
FISCAL FUND BUD. DIV.
YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT
X F MC 70 00 00 425311 jr
OJP FORM 4000/2(REV.5-87)PREVIOUS EDITIONS ARE OBSOLETE.
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DIP FORM 4000n(REV.4.85) i
Department of Justice
Office of Justice Programs AWARD CONTINUATION
Ottite of Juvenile Justice and SHEET PAGE 2 OF I
Delinquency Prevention Cooperative Agreement
PROJECTN(JMBER 2012MCFX-K047 AWARD DATE 09/23/201,2
SPECIAL CONDITIONS
1, The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the
Office of Justice Programs(OJP)Financial Guide,
2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan(if recipient is
required to submit one pursuant to 28 C.F.R.Section 42.302),that is approved by the Office for Civil Rights,is a
violation of its Certified Assurances and may result in suspension or termination of funding,until such time as the
recipient is in compliance.
3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133,Audits of States,
Local Governments,and Non-Profit Organizations,and further understands and agrees that funds may be withheld,or
other related requirements maybe imposed,if outstanding audit issues(if arty)from OMB Circular A-133 audits(and
any other audits of OJP grant finds)are not satisfactorily and promptly addressed,as further described in the current
edition ofthe OJP Financial Guide.
4. Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly,in support of the
enactment,repeal,modification or adoption of any law,regulation or policy, at any level of government,without the
express prior written approval of OJP.
5. The recipient must promptly refer to the DOJ 010 any credible evidence that a principal,employee,agent,contractor,
subgtantee,subcontractor,or other person has either 1)submitted a false claim for grant funds under the False Claims
Act,or 2)committed a criminal or civil violation of laws pertaining to fraud,conflict of interest,bribery,gratuity,or
similar misconduct involving grant funds. This condition also applies to any subrecipients.-Potential fraud,waste,
abuse,or misconduct should be reported to the OIG by-
MOB:
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.Itotlinc@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 O1G website at www.usdoj.gov/oig.
6. Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly,in support of any
contract or subaward to either the Association of Community Organizations for Reform Now(ACORN)or its
subsidiaries,without the express prior written approval of OJP.
7. The recipient agrees to comply with any additional requirements that may be imposed during 'iformance
period if the agency determines that the recipient is a high-risk grantee.Cf.28
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OJP FORM 400D/2(REV.4-88)
Department of Justice
Office of Justice Programs AWARD CONTINUATION
Office of Juvenile Justice and SHEET PAGE 3 Or 7
Delinquency Prevention Cooperative Agreement
PROJECT NUMBER 2412-MC-FX-Kn47 AWARD DATE 09/'38/2012
SPECIAL CONDITIONS
8. The recipient agrees to comply with applicable requirements regarding Central Contractor Registration(CCR)and
applicable restrictions on subawards to first-tier subrecipients that do not acquire and provide a Data Universal
Numbering System(DUNS)number. The details of recipient obligations arc posted on the Office of Justice Programs
web site at http://www.ojp.gov/funding(orr.htm(Award condition:Central Contractor Registration and Universal
Identifier Requirements),and are incorporated by reference here. This'special condition does not apply to an award to
an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit organization that
he or she may own or operate in his or her name).
9. Pursuant to Executive Order 13513,"Federal Leadership on Reducing Text Messaging While Driving,"74 Fed.Reg.
51225(October 1,2009),the Department encourages recipients and sub recipients to adopt and enforce policies
banning employees from text messaging while driving any vehicle during the course of performing work funded by this
grant,and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease
crashes caused by distracted drivers.
10. The recipient agrees to comply with all applicable laws,regulations,policies,and guidance(including specific cost
limits,prior approval and reporting requirements,where applicable)governing the use of federal funds for expenses
related to conferences,meetings,trainings,and other events,including the provision of food and/or beverages at such
events,and costs of attendance at such events. Information on pertinent laws,regulations,policies,and guidance is
available at www.ojp.gaWfunding/confcost.htnr.
11. The recipient understands and agrees that any training or training materials developed or delivered with funding
provided under this award must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees,available
at hfpJ/www.ojp,uedoj.gov/funding/ojptraininggtiidingprinciples.htm.
12. The recipient agrees flint if it currently has an open award of foderal funds or if it receives an award of federal funds
other than this OJP award,and those award Ponds have been,are being,or arc to be used,in whole or in part,for one or
more of the identical cost items for which fiords are being provided under this OR award,the recipient will promptly
notify,in writing;lhe grant manager for this OJP award,and,if so requested by OJP,seek a budget-modification or
change-of-project-scope grant adjustment notice(GAN)to eliminate any inappropriate duplication of funding.
13. Prior to the expenditure of Confidential funds,the recipient and any submcipierts agree to sign a certification indicating
that he or she has read,understands,and agrees to abide by all of the conditions pertaining to confidential fund
expenditures as set forth in the OJP Financial Guide.
14. With respect to this award,federal funds may not be used to pay cash compensation(salary plus bonuses)to any
employee of the award recipient at a rate that exceeds 110%of the maximum annual salary payable to a member of the
federal government's Senior Executive Service(SES)at an agency with a Certified SES Performance Appraisal System
for that year. (An award recipient may compensate an employee at a higher rate,provided the amount in access of this
compensation limitation is paid with non-federal funds.)
This limitation on compensation rates allowable under this award may be waived on an individual basis at the
discretion of the OR official indicated in the program announcement under which this award is made.
initial
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OJP FORM 400012(REV.4-89)
i
Department of Justice
Office of Justice Programs AWARD CONTINUATION
Office of Juvenile Justice and SHEET PAGE 4 OF 7
Delinquency Prevention Cooperative Agreement
FROMM NUMBER 2012-MC-PX-KD47 AWARD DATE 09n00112
SPECIAL CONDITIONS
15. The Office of Juvenile Justice and Delinquency Prevention has elected to enter into a Cooperative Agreement rather
than a grant with the recipient. This decision reflects the mutual interest of the recipient and OJJDP in the operation of
the project as well as the anticipated level of Federal involvement in this project. OJJDP's participatory role in the
project is as follows:
a.Review and approve major work plans,including changes to such plans,and key decisions pertaining to project
operations.
b.Review and approve major project generated documents and materials used in the provision of project services.
Provide guidance in significant project planning meetings,and participate in project sponsored training events or
conferences.
16. The Project Director and key program personnel designated in the application shall be replaced only far compelling
reasons. Successors to key personnel must be approved,and such approval is contingent upon submission of
appropriate Information,including.but not limited to,a resume. ON will not unreasonably withhold approval.
Changes in other program personnel require only notification to OJP and submission of resumes,unless otherwise
designated in the award document.
17. The recipient shall submit semiannual progress reports. Progress reports shall be submitted within 30 days after the end
of the reporting periods,which are June 30 and December 31,for the life of the award. These reports will be submitted
to the office of Justice Programs,on-line through the Jntemet at https://gnmts.cjp.usdoj.gov/.
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OJP FORM 4000/2(REV.4-88) 3
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Department of Justice
Office of Justice Programs AWARD CONTINUATION
Office of Juvenile Justice and SHEET PAa& 5 OP 7
Delinquency Prevention Cooperative Agreement
PROJECT NUMBER 2012MC•PX-KO47 AWARD DATE 09!2812012
SPECIAL CONDITIONS
18. Within 45 days after the end of any conference,meeting,retreat,seminar,symposium,training activity,or similar event
fimded under this award,and the total cost of which exceeds 520,000 in award funds,the recipient must provide the
program manager with the following information and itemized costs:
1)name of event;
2)event dates;
3)location of event;
4)number of federal attendees;
5)number of non-federal attendees;
6)costs of event space,including rooms for break-out sessions;
7)costs of audio visual services;
8)other equipment costs(e.g.,computer fees,telephone fees);
9)costs of printing and distribution;
10)costs of[Heals provided during the event;
1.1)costs of refreshments provided during the event;
12)costs of event planner;
13)costs of event facilitators;and
14)any other costs associated with the event.
The recipient must also itemize and report any of the following attendee(including participants,presenters,speakers)
costs that are paid or reimbursed with cooperative agreement funds:
1)meals and incidental expenses(MME portion of per diem);
2)lodging;
3)transportation to/from event location(e.g.,common carrier,Privately Owned Vehicle(POV));and,
4)local transportation(e.g.,rental car,POV)at event location.
I
Note that if any item is paid for with registration fees,or any other non-award funding,then that portion of the expense j
does not need to be reported. I j
OJP will provide further instructions regarding the submission of this data at a later time.
initial
OJP FORM 40W/2(REV.488)
I
Department oflustice
Office of Justice Programs AWARD CONTINUATION
Office of Juvenile Justice and SHEET PACE G OR 7
Delinquency Prevention Cooperative Agreement
PROJECT NUMBER 2012-MC-PX-KO47 AWARD DATE 091M012
SPECIAL CONDITIONS
19. ICAC Annual Reports
The recipient agrees to submit annual reports to OJP that set forth the following:
(A)Staffing levels of the task force,including the number of investigators,prosecutors,education specialists,and
forensic specialists dedicated to investigating and prosecuting Internet crimes against children.
(B)Investigation and prosecution performance measures of the task force,including-
(!)the number of investigations initiated related to Internet crimes against children;
(ii)the number of arrests related to Intemet crimes against children;and
(iii)the number ofprosecutions for Internet crimes against children,including--
(1)whether the prosecution resulted in a conviction for such crime;and
(11)die sentence and the statutory maximum for such crime under State law.
(C)The number of referrals made by the task force to the United Stains Attorneys office,including whether the referral
was accepted by the United States Attorney.
(D)Statistics that account for the disposition of investigations that do not result in arrests or prosecutions,such as
referrals to other law enforcement.
(13)The number of investigative technical assistance sessions that the task force provided to nonmember taw
enforcement agencies.
(F)The number of computer forensic examamations that the task force completed.
(G)The number of law enforcement agencies participating in Internet crimes against children program standards
established by the task force.
20. The recipient agrees to forward reports of ICAC Task Force Program Monthly Performance Measures to the OJJDP-
designated site.
21. The recipient agrees to comply with the OJJDP approved ICAC Task Force Operational and Investigative Standards
22. The recipient acknowledges that the Office of Justice Programs(OIP)reserves a royalty-free,non-exclusive,and
irrevocable license to reproduce,publish,or otherwise use,and authorize others to use(in whole or in part,including in
connection with derivative works),for Federal purposes:(1)any work subject to copyright developed under an award
or subaward;and(2)any rights of copyright to which a recipient or subrecipient purchases ownership with Federal
support,
The recipient acknowledges that OJP has the right to(1)obtain,reproduce,publish,or otherwise use the data first
produced under an award or subaward;and(2)authorize others to receive,reproduce,publish,or otherwise use such
data for Federal purposes. "Data"includes data as defined in Federal Acquisition Regulation(FAR)provision 52.227-
14(Rights in Data-General). ,
It is the responsibility of the recipient(and of each subrecipient,ifopplieable)to ensure that this condition is included
in any subaward under this award.
The recipient has the responsibility to obtain from subrecipients,contractors,and subcontractors(if any)all rights and
data necessary to fulfill the recipient's obligations to the Government under this award. If a proposed subrecipient,
contractor,or subcontractor refuses to accept terms affording the Government such rights,the recipient shall promptly
bring such refusal to the attention of the OJP program manager for the award and not proceed with the agreement in
question without further authorization from the OJP program office.
initial
i
OJP FORM 400012(REV.4 9)
i
i
Department of Justice
Office of Justice Programs AWARD CONTINUATION
Office of Juvenile Justice and SHEET PAGE 7 OF 7
Delinquency Prevention Cooperative Agreement
PROJECTNUMBER 20t2-MC-MY047 AWARD DATE 092812012
SPECIAL COMMONS
23. The recipient agrees to comply with applicable requirements to report first-tier subawards of$25,000 or more and,in
certain circumstances,to report the names and total compensation of the five most highly compensated executives of
the recipient and fast-tier subrecipietts of award fiords. Such data will be submitted to the FFATA Subaward
Reporting System(FSRS). The details of recipient obligations,which derive from the Federal Funding Accountability
and Transparency Act of 2006(FFATA),are posted on the Office of Justice Programs web site at
http:l/www.ojp.gov/fdndinWfate.htm(Award condition:Reporting Subawards and$xecutiye Compensation),and are
incorporated by reference here. This condition,and its reporting requirement does not apply to grant awards made to
an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit organization that
he or she may own operate in his or her name).
24. Any Web site that is funded In whole or in part under this award must include the following statement on the home
page,on all major entry pages(i.e.,pages(exclusive of documents)whose primary purpose is to navigate the user to
interior content),and on any pages from which a visitor may access or use a Web-based service,including any pages
that provide results or outputs from the service:
"This Web site is funded jinsat"in part,"if applicable]through a grant from the(insert name of OJP component],
Office of Justice Programs,U.S.Department of Justice.Neither the U.S.Department of Justice nor any of its
components operate,control,are responsible for,or necessarily endorse,this Web site(including,without limitation,its
content,technical infrastructure,and policies,and any services or toots provided)."
The full text of the foregoing statement must be clearly visible on the home page. On other pages,the statement may
be Included through a link,entitled"Notice of Federal Funding and Federal Disclaimer,"to the full text of the
statement,
25. Approval of this award does not indicate approval of any consultant rate in excess of$450 per day.A detailed i
justification must be submitted to and approved by the Office of Justice Programs(OJP)program office prior to
obligation or expenditure of such funds.
initial
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I
OJP PORM 4000(REV.4.88) f
Department of Justice
Office of Justice Programs
Office for Civil Rights
Washington.D.C. 20531
September 28,2012
Mr.Daniel Hodge
Texas Office of the Attorney General
PO Box 12548
Austin,TX 7871 1-2548
Dear Mr.Hodge:
Congratulations on your recent award.In establishing financial assistance programs,Congress linked the receipt of Federal finding to
compliance with Federal civil rights laws,The Office for Civil Rights(OCR),Office oflustice Programs(OJP),U.S.Department of Justice
is responsible for ensuring that recipients of financial aid from OJP,its component offices and bureaus,the Office on Violence Against
Women(OV W),and the Office of Community Oriented Policing Services(COPS)comply with applicable Federal civil rights statutes and
regulations.We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice
Department funding.
Ensuring Access to Federally Assisted Programs
As you know,Federal laws prohibit recipients of financial assistance from discriminating on the basis of race,color,national origin,
religion,sex,or disability in funded programs or activities,not only in respect to employment practices but also In the delivery of services or
benefits.Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or
benefits.
Providing Services to Limited English Proficiency(LEP)Individuals
In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964,42 U.S.C.§2000d,recipients of
Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited
English proficiency(LEP).For more information on the civil rights responsibilities that recipients have in providing language services to
LEP individuals,please see the website at http://www.lep.gov.
Ensuring Equal Treatment for Faith-Based Organizations
The Department of Justice has published a regulation specifically pertaining to the Anding of faith-based organizations.In general,the
regulation,Participation in Justice Department Programs by Religious Organizations;Providing for Equal Treatment of all Justice
Department Program Participants,and known as the Equal Treatment Regulation 28 C.F.R.part 38,requires State Administering Agencies
to treat these organizations the same as any other applicant or recipient.The regulation prohibits State Administering Agencies from making
award or grant administration decisions on the basis of an organization's religious character or affiliation,religious name,or Hie religious
composition of its board of directors.
'rho regulation also prohibits faith-based organizations from using financial assistance from the Department of Justice to fund inherently
religious activities.While faith-based organizations can engage in non-funded inherently religious activities,they must be field separately
from the Department of Justice funded program,and customers or beneficiaries cannot be compelled to participate in them.The Equal
Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not permitted to
discriminate in the provision of services on the basis of a beneficiary's religion.For more information on the regulation,please we OCR's
website at http:/Avww.ojp.usdoj.gov/oar/ettbo.htm.
State Administering Agencies and faith-based organizations should also note that the Safe Streets Act,as amended;the Victims of Crime
Act,as amended;and the Juvenile Justice and Delinquency Prevention Act,as amended,contain prohibitions against discrimination on the
basis of religion in employment.Despite these nondiscrimination provisions,the Justice Department has concluded that the Religious
Freedom Restoration Act(RFRA)is reasonably construed,on a case-by-case basis,to require that its funding agencies permit faith-based
organizations applying for funding under the applicable program statutes both to receive D OJ funds and to continue considering religion
when hiring staff,even if the statute that authorizes the fiinding program generally forbids considering of religion in employment decisions
by grantees.
Questions about the regulation or the application of RFRA to the statutes flint prohibit discrimination in employment may be directed to this
Office.
3
Enforcing Civil Rights Laws
All recipients of Federal financial assistance,regardless of the particular funding source,the amount of the grant award,or the number of
employees in the workforce,are subject to the prohibitions against unlawful discrimination.Accordingly,OCR investigates recipients that
are the subject of discrimination complaints from both individuals and groups.In addition,based on regulatory criteria,OCR.selects e
number of recipients each year for compliance reviews,audits that require recipients to submit data showing that they are providing services
equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards.
Complying with the Safe Streets Act or Program Requirements
In addition to these general prohibitions,an organization which is a recipient of financial assistance subject to the nondiscrimination
provisions of the Omnibus Crime Control and Safe Streets Act(Safe Streets Act)of 1968.42 U.S.C.§3789d(c),or other Federal grant
program acquirements,must meet two additional requirements:(])complying with Federal regulations pertaining to the development of an
Equal Employment Opportunity Plan(ESOP),26 C.F.R.§42.301-308,and(2)submitting to OCR Findings of Discrimination(see 28
C.F.R.§§42.205(5)or 31.202(5)).
1) Meeting the ESOP Requirement
In accordance with Federal regulations,Assurance No.6 in the Standard Assurances,COPS Assurance No.8.13,or certain Federal grant
program requirements,your organization must comply with the following EEOP reporting requirements:
If your organization has received an award for$500,000 or more and has 50 or more employees(counting both full-and part-time
employees but excluding poliiical appointees),then it has to prepare an EEOP and submit it to OCR for review within 60 days from the
date of this letter.For assistance in developing an ESOP,please consult OCR's website athttpd Avww.ojp.usdoj.govlocr/ewp.htm. You
rney also request technical assistance from an ESOP specialist at OCR by dialing(202)616-3208.
If your organization received an award between 525,000 and 5500,000 and has 50 or more employees,your organization still has to prepare
an EEOP,but it does not have to submit the EEOP to OCR for review.Instead,your organization has to maintain the ESOP on file and
make it available for review on request.In addition,your organization has to complete Section 8 of the Certification Form and return it to
OCR.The Certification Form can be found at httpJ/www.ojp.usdoj.gov/ocr/coop.htTn.
If your organization received on award for less than$25,000;or if your organization has less then 50 employees,regardless of the amount of
the award;or if your organization Is a medical institution,educational institution,nonprofit organization or Indian tribe,then your
organization is exempt from the EEOP requirement However,your organization must complete Section A of the Certification Form and
return it to OCR.The Cartification Form can be found at http://www.ojp.iisdoj,gov/ocrtecop.htm.
2) Submitting Findings of Discrimination
in the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your
organization after a due process hearing,on the ground of race,color,religion,national origin,or sex,your organization must submit a copy
of the finding to OCR for review.
Ensuring the Compliance of Subrecipients
If your organization makes subewards to other agencies,you are responsible for assuring that subreeipients also comply with all of the
applicable Federal civil rights laws,including the requirements pertaining to developing and submitting an EEOP,reporting Findings of
Discrimination,and providing language services to LEP persona.State agencies that make subawards must have in place standard grant
assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients.
If we can Assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding,please call OCR at(202)307-
0690 or visit our website at httpJlwww.ojp.msdoj.goy/ocr/.
Sincerely,
Michael L.Alston
Director
cc: Grant Manager
Financial Analyst
U.S,DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT,
SUSPENSION AND OTHER RESPONSIBILITY MATTERS
AND
DRUG-FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to
which they are required to attest. Applicants should also review the instructions for
certification included in the regulations before completing this form. Signature of this
form provides for compliance with certification requirements under 28 CFR Part 69,
"New Restrictions on Lobbying"and 28 CFR Part 67, "Government-wide Debarment
and Suspension (Non-procurement) and Government-wide Requirements for Drug-Free
Workplace(Grants)."The certifications shall be treated as a material representation of
fact upon which reliance will be placed when the Department of Justice determines to
award the covered transaction, grant, or cooperative agreement.
1. LOBBYING
As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR
Part 69, for persons entering into a grant or cooperative agreement over$100,000, as
defined at 28 CFR Part 69, the applicant certifies that:
(a)No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the making of any Federal
grant,the entering into of any cooperative agreement, and the extension,continuation,
renewal, amendment, or modification of any Federal grant or cooperative agreement;
(b) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with this Federal grant or cooperative agreement,
the undersigned shall complete and submit Standard Form- LLL, "Disclosure of
Lobbying Activities,"in accordance with its instructions;
(c)The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers(including subgrants, contracts under
grants and cooperative agreements, and subcontracts)and that all sub-recipients shall
certify and disclose accordingly.
2. DEBARMENT,SUSPENSION,AND OTHER RESPONSIBILITY MATTERS
(DIRECT RECIPIENT)
As required by Executive Order 12549, Debarment and Suspension, and implemented at
28 CFR Part 67, for prospective participants in primary covered transactions, as defined
at 28 CFR Part 67, Section 67.510
A. The applicant certifies that it and its principals:
(a) Are not presently debarred,suspended, proposed for debarment, declared
ineligible, sentenced to a denial of Federal benefits by a State or Federal court,
or voluntarily excluded from covered transactions by any Federal department or
agency;
(b) Have not within a three-year period preceding this application been
convicted of or had a civil judgment rendered against them for commission of
fraud or a criminal offense in connection with obtaining,attempting to obtain, or
performing a public(Federal, State, or local)transaction or contract under a
public transaction;violation of Federal or State antitrust statutes or commission
of embezzlement, theft,forgery, bribery,falsification or destruction of records,
making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity(Federal, State, or local)with commission of any of the
offenses enumerated in paragraph(1)(b) of this certification; and(d) Have not
within a three-year period preceding this application had one or more public
transactions(Federal, State, or local)terminated for cause or default; and
B. Where the applicant is unable to certify to any of the statements in this certification,
he or she shall attach an explanation to this application.
3. DRUG-FREE WORKPLACE(GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988,and implemented at 28 CFR Part
67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620
A. The applicant certifies that it will or will continue to provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is
prohibited in the grantee's workplace and specifying the actions that will be taken
against employees for violation of such prohibition;
(b) Establishing an on-going drug-free awareness program to inform employees
about
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace,
(3) Any available drug counseling, rehabilitation, and employee assistance
programs; and
(4) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the
performance of the grant be given a copy of the statement required by
paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a)that, as a
condition of employment under the grant, the employee will
(1)Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five calendar days
after such conviction;
(e) Notifying the agency, in writing, within 10 calendar days after receiving notice
under subparagraph (d)(2)from an employee or otherwise receiving actual
notice of such conviction. Employers of convicted employees must provide
notice, including position title, to:
Department of Justice
Office of Justice Programs
ATTN: Control Desk
810 Seventh Street, N.W.,
Washington, D.C. 20531
Notice shall include the identification number(s)of each affected grant;
(f) Taking one of the following actions,within 30 calendar days of receiving
notice under subparagraph (d)(2),with respect to any employee who is so
convicted
(1) Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act
of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a Federal,
State, or local health, law enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace
through implementation of paragraphs (a), (b), (c), (d), (e), and (f).
B. The grantee may insert in the space provided below the site(s)for the performance of
work done in connection with the specific grant:
Place of Performance(Street address, city, county, state, zip code)
Check if there are workplaces on file that are not identified here.
Section 67, 630of the regulations provides that a grantee that is a State may elect to
make one certification in each Federal fiscal year. A copy of which should be included
with each applicatlon for Department of Justice funding. States and State agencies may
elect to use OJP.Form 4061x1.
Check_ if the State has elected to complete OJP Form 4061!7.
DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part
67, Subpart F, for grantees, as defined at 28 CFR Part 67; Sections 67.615 and 67.620
A. As a condition of the grant, I certify that I will not engage in the unlawful
manufacture, distribution, dispensing, possession, or use of a controlled substance in
conducting any activity with the grant; and
B. If convicted of a criminal drug offense resulting from a violation occurring during the
conduct of any grant activity, I will report the conviction, in writing,within 10 calendar
days of the conviction, to:
Department of Justice
Office of Justice Programs
ATTN: Control Desk
810 Seventh Street, N.W.,
Washington, D.C. 20531
As the duly authorized representative of the applicant, I hereby certify that the applicant
will comply with the above certifications.
1. Grantee Name and Address:
2. Application Number and/or Project Name:
3. Grantee IRSNendor Number
4. Type/Print Name and Title of Authorized Representative
5. Signature 6. Date
OJP FORM 4061/6(3-91)REPLACES OJP FORMS 406112,4061/3 AND 4061/4 WHICH ARE OBSOLETE.
OFFICE OF JUSTICE PROGRAMS BJA NIJ OJJDP BJS OVC
— OMB APPROVAL.NO. 1 121.0140
EXPIRE'S 06/30/2009
s r.
STANDARD ASSURANCES
The Applicant hereby assures and certifies compliance with all applicable Federal statutes,regulations,
policies,guidelines,and requirements, including OMB Circulars A-21,A-87,A-102, A-I 10, A-122,A-
133;Ex.Order 12372(intergovernmental review of federal programs);and 28 C.F.R.pts.66 or 70 j
(administrative requirements for grants and cooperative agreements). The applicant also specifically
assures and certifies that:
1. It has the legal authority to apply for federal assistance and the institutional,managerial,and financial
capability(including funds sufficient to pay any required non-federal share of project cost)to ensure
proper planning,management,and completion of the project described in this application.
2. it will establish safeguards to prohibit employees from using their positions for a purpose that
constitutes or presents the appearance of personal or organizational conflict of interest,or personal gain.
3, it will give the awarding agency or the General Accounting Office,through any authorized
representative,access to and the right to examine all paper or electronic records related to the.financial
assistance.
4. It will comply with all lawful requirements imposed by the awarding agency,specifically including
any applicable regulations,such as 28 C.F.R. pts. 18,22,23,30,35, 38,42,61,and 63,and the award term in
2 C.F.R. § 175.15(b).
5. It will assist the awarding agency(if necessary)in assuring compliance with section 106 of the
National Historic Preservation Act of 1966(16 U.S.C. §470).Ex.Order 11593(identification and
protection of historic properties),the Archeological and Historical Preservation Act of 1974(16 U.S.C.§
469 a-I et seq.),and the National Environmental Policy Act of 1969(42 U.S.C. §4321).
6. It will comply(and will require any subgrantees or contractors to comply)with any applicable
statutorily-imposed nondiscrimination requirements,which may include the Omnibus Crime Control and
Safe Streets Act of 1968(42 U.S.C. §3789d);the Victims of Crime Act(42 U.S.C. §10604(e));The
Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. §5672(b));the Civil Rights Act of
1964(42 U.S.C.§2000d);the Rehabilitation Act of 1973(29 U.S.C. §7 94);the Americans with
Disabilities Act of 1990(42 U.S.C.§ 12131-34);the Education Amendments of 1972(20 U.S.C. §§1681,
1683, 1685-86);and the Age Discrimination Act of 1975(42 U.S.C. §§6101-07);see Ex.Order 13279
(equal protection of the laws for faith-based and community organizations).
I
7. If a governmental entity—
i
a)it will comply with the requirements of the Uniform Relocation Assistance and Real Property
Acquisitions Act of 1970(42 U.S.C.§ 4601 et seq.),which govern the treatment of persons displaced as a
result of federal and federally-assisted programs;and
b)it will comply with requirements of 5 U.S.C.§§ 1501-08 and §§7324-28,which limit certain
political activities of State or local government employees whose principal employment is in connection
with an activity financed in whole or in part by federal assistance.
Signature Date Date
E
RICH WITH OPPORTUNITY
BEAIIMON*
T - E - x - A - S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: May 14, 2013
REQUESTED ACTION: Council consider approving a resolution providing for the
reimbursement of capital expenditures incurred prior to
future financing.
BACKGROUND
During the preparation of the Fiscal Year 2013 Budget, several pieces of heavy equipment were
identified as needed in the Public Works Department. The equipment included a recycler/mixer
approved by Resolution No. 12-289, a gradall approved by Resolution No. 13-042, a digger
derrick approved by Resolution NO. 13-047 and a boring machine approved by Resolution 13-
101. These purchases are intended to be funded by a lease purchase or similar debt instrument.
The equipment purchases and deliveries have been over several months. A resolution allowing
for the reimbursement of the expenditures already incurred is routine and will allow the City to
secure the financing for the pieces of heavy equipment. It is the intent of the City to reimburse
itself out of proceeds of the financing for the equipment we have already received and paid for.
FUNDING SOURCE
The debt service related to this financing will be appropriated in the Capital Reserve Fund. The
first payment will be due in Fiscal Year 2014.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, the City of Beaumont declared an intent to acquire certain equipment
as a capital expenditure with reimbursement to be funded from proceeds of a lease
purchase agreement. The equipment hereinafter called "PROPERTY" is generally
described below:
One (1) Pavement Recycler-Mixer $282,231.60
One (1) Digger Derrick $224,008.00
One (1) Boring Machine $131,125.47
One (1) Gradall $307,313.07
and,
WHEREAS, the City of Beaumont may pay certain capital expenditures in
connection with the Property prior to its receipt of proceeds of the lease-purchase
agreement(s) described below for such expenditures; and,
WHEREAS, the City of Beaumont reasonably anticipated that it would make
expenditures with respect to the Property in the principal amount not exceeding the amount
stated above for which the Lessee may or expects to enter into one or more Lease-
Purchase Agreements with a financial institution; and,
WHEREAS, Treasury Department and Internal Revenue Service Regulations do not
allow the proceeds of a tax-exempt borrowing to be spent on working capital;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
Section 1.
The City of Beaumont finds and determines that the foregoing recitals are true and
correct.
Section 2.
This Resolution is adopted by the City of Beaumont for the purpose of establishing
compliance with the requirements of Section 1.150-2 of Treasury Regulations. This
Resolution does not bind the City of Beaumont to make any expenditure, incur any
indebtedness, or proceed with the purchase of the Property.
Section 3.
The City of Beaumont expects the City of Beaumont will pay certain capital
expenditures in connection with the Property prior to the receipt of the Lease Purchase
Proceeds for the Property.
Section 4.
The City of Beaumont hereby declares the City of Beaumont's official intent to use
the Lease Purchase Proceeds to reimburse itself for the above described Property
expenditures.
Section 5.
This Resolution shall take effect from and after its adoption.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of May,
2013.
- Mayor Becky Ames -
RICO WITS OPPOiTUNITT
BEAUMON*
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MAY 14,2013 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-5/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider a resolution approving the award of contracts to four separate vendors
for the purchase of inventory materials used in the Water Utilities Department
2. Consider a resolution approving the award of a bid and authorizing a contract with
Goss Building, Inc. for the renovation of the 3`d floor of the Municipal Court and
EOC Building, contingent upon Port Security Grant funds being approved for the
project
3. Consider a resolution approving the award of a bid and authorizing a contract with
McInnis Construction for a new North Entry to the Civic Center and approving a
change order to reduce the contract amount
4. Consider a resolution approving the purchase of 800 MHz repeaters and radios
5. Consider a resolution approving the purchase of a bar screen for use in the Waste
Water Treatment Plant
WORKSESSION
* Review and discuss a proposal to lease the former Melton YMCA facility located
at 3455 Sarah Street
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment(Persons are limited to 3 minutes)
EXECUTIVE SESSIONS
* Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
Claim of C.F. Jordan Construction, LLC; Event Center
The City of Beaumont, Texas, vs. Beaumont Professional Firefighters
Local 399 and James Landrum; Case No. 14-12-00059-CV
* Consider matters related to the deliberation of the purchase,exchange, lease or
value of real property in accordance with Section 551.072 of the Government
Code,to wit:
625 Orleans Street, Hotel Beaumont
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting.
1
May 14,2013
Consider a resolution approving the award of contracts to four separate vendors for the purchase of
inventory materials used in the Water Utilities Department
RICH WITH OPPORTUNITY
RION
BEAUM *
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: May 14, 2013
REQUESTED ACTION: Council consider a resolution approving the award of four
(4), one (1) year contracts for the purchase of inventory
materials used in the Water Utilities Department.
BACKGROUND
Bids were received from five (5) vendors for an annual contract for couplings,pipe fittings,
valves, fire hydrants and other related materials for use by the Water Utilities Department. The
materials are used in the repair and maintenance of existing water and sewer lines and
installation of new service lines in order to maintain adequate water and sewer service
throughout the City.
Specifications required bidders to submit pricing for 209 line items, separated into fifteen(15)
specific sections. Bids were evaluated upon the lowest total price per section, on an all or none
basis. Only bidders providing pricing for every item within each section were considered. Pricing
is to remain firm for the term of the contract. Specifications also required all bids involving brass
materials to quote items that are certified to be NSF61 lead-free compliant and of domestic
manufacture.
The Administration recommends award of one (1) year contracts to the following vendors in the
amounts indicated; H.D. Supply& Waterworks, Inc., of Beaumont, $952,573.23; Rural Pipe&
Supply, Inc., of Jasper, $217,926.50; Coburn's, Inc., of Beaumont, $200,199.50; ACT Pipe&
Supply,Inc., of Beaumont, $115,832.50.
FUNDING SOURCE
Water Utilities Fund.
RECOMMENDATION
Approval of resolution.
Contract for the purchase of Water Department Inventory Materials.
May 14, 2013
Page 2
Vendor Section Bid
H.D. Supply& Waterworks Valve & Meter Boxes $215,094.90
Beaumont, TX Fire Hydrants $282,369.85
Mechanical Joint Restrainers $42,739.20
Clamps $96,988.90
Mechanical Joint Fittings $29,470.35
Iron Gate Valves $222,930.60
Water Meters $23,077.60
Poly Tubing $1,595.00
HDPE Pipe Fittings $38,306.83
TOTAL $952,573.23
Rural Pipe & Supply Brass Valves $183,407.50
Jasper, TX Bronze Service Saddles $34,519.00
TOTAL $217,926.50
Coburn's Manholes $37,062.00
Beaumont, TX Brass Pipe Fittings $137,573.00
Tapping Sleeves $25,564.50
TOTAL $200,199.50
ACT Pipe & Supply
Couplings $115,832.50
Beaumont, TX
CPR/MDN, Inc.
$0.00
New Caney, TX
TOTAL AWARD $1,486,531.73
sieve'?Y x JrroArux,ty CRY OF BEAUMONT,BEAUMONT,TEXAS
BEAUMOMPUIRC DIVISION BID TABULATION
T " s - X - A - 8
Bid Name: ANIMAL CONTRACT FOR WATER DEPT.MATERIALS INVENTORY SUPPLY
Bid Number: BF0313-15
Bid Opening: T1nlrsday,April 18,2013
Contact Person: Robert J.Holler,Buyer 11
Phone: 4094W4750
SECTION-1 VALVE METER BMW ACT Pipe&Supply HD SUPPLY RURAL PIPE&SUPPLY COBURN'S CPR/MDN
Old Castle owy Beaumont BEAUMONT JASPER BEAUMONT NEW CANEY
rrm NO. QTY DZKMUMON Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price
METER BOX IM,C1.MARKED
1 100 "� OLD CMTLEONLY $ 24.96 $ 2,496.00 $ 24.28 $ 2,428.00 $ 24.99 $ 2,499.00 $ 24.95 S 2,495.00 $ 25.38 $ 2538.00
kfflTHR BOX LM,CL MARMM
"WATER"FOR#36 BOX OLD CASTLE
2 100 ONLY $ 21.84 $ 2,184.00 $ 21.25 $ 2,125,00 $ 21.87 S 2,187.00 $ 21.80 $ 2,180.00 $ 22.21 $ 2,221.00
3 100 165T BOX OLD CASTLE ONLY $ 61.52 $ 6,152.00 $ 60.001$ 6,000.00 $ 6138 $ 6,158.00 $ 61.50 $ 6,150.00 $ 62.54 1 S 6,254.00
F2FEMMMI ATER"FOR#37 BOX OLD
4 1,000 LY $ 24.96 $ 24,960.00 $ 24.28 $ 24,280.00 $ 24.99 $ 24,990.00 $ 24,9S $ 24,950.00 S 25.38 $ 25,380.00
TB BOX 1"BOX ONLY,
5 500 0 FORSEWER $ 53.91 $ 26,955.00 $ 52.58 $ 26,290.00 $ 53.96 $ 26,980.00 $ 53.90 $ 26,950.00 $ 54.81 $ 27,405.00
MMMY
11 A
124 COVER W/RBADER LID OLD
6 500 ONLY $ 76.18 $ 38,090.00 S 75.86 S 37,930.00 $ 76.63 S 38,315.00 $ 76.55 $ 38,275.00 S 77.83 $ 38,915.00
SYNERTBCH 7X30 X
a,B36-0 CONC LID W/CI RD M/WATER
7 500 /"MOUSE HOLE" $ 153.21 $ 76,605.00 $ 148.92 $ 74,460.00 $ 153.35 S 76,675.00 S 153.20 S 76,600.00 $ 155.76 S 77,880.00
g 200 VALVE BOX,TOP 10"TYLER 462-10-T $ 28.78 $ 5,756.00 $ 29.11 $ 5,822.00 S 29.12 S 5,824.00 $ 29.05 S 5,810.00 $ 29.27 $ 5,854.00
9 200 VALVE BOX,TOP,16"TYLER 562-16-T $ 42.84 $ 8,568.00 $ 43.56 S 8,712.00 S 43.34 $ 8,668.00 $ 43.25 $ 8,650.00 S 43.56 $ 8,712.00
10 200 VALVE BOX BOTTOM TYLER W-20 $ 46.19 S 9,238.00 $ 46.96 S 9,392.00 $ 46.72 $ 9,344.00 $ 46.65 S 9,330.00 $ 46.97 S 9,394.00
VALVE BOX DROP LID(WATER)FOR
11 200 M562-BBOX(5-1/4"Cl)TYLZR148-325 S 12.20 $ 2,440.00 $ 12.47 $ 2,494.00 $ 12.35 $ 2,470.00 $ 11.50 $ 2,300.00 S 12.41 $
2,482.00
VAULT,ftft4',SD,TIER 8,
/BOLTED 3 PC COVER,W/READER
LED LABEL-WATER"HIGHIAM
12 1 5 ICVA40W I S 3,299,651 $ 16,498.25 i$ 3,032.38 1$ 15,161.90 $ 3,700.001 $ 18,500.00 S 2,940.00 $ 14,700.00 $ 4,820.401$ 24,102.00
MANUFACTURER BID: SPEC SPEC SPEC SPEC SPEC
TOTAL-SECTION 1 S 219,942.25 $ 215,094.90 S 222,610.00 $ 218,390.00 $ 231,137.00
C77ON-2 Rm Hy&=*&Compmam ACT Pipe&Supply HD SUPPLY RURAL PIPE&SUPPLY COBURN'S
Amm4cam Darlim Beaumont BEAUMONT JASPER BEAUMONT
rrEM e Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price
13 170 FIRE HYDRANT,31-61 BURY B4W-B S 1,429.76 S 243,059.20 $ 1,608.76 $ 273,469.20 S 1,892.65 $ 321,750.50 $ -
61 FIRE HYDRANT M(TENSIONS FOR 13-
14 10 84-B S 143.14 $ 1,431.40 $ 142.27 S 1,422.70 S 155.20 S 1,SS2.00 f -
-121 ME HYDRANT M"RMM KIT
15 10 IFORB4443 $ 167.13 $ 1,671.30 S 165.73 $ 1,557.30 S 180.801 S 1,808.00 f -
190 FUW HYDRANT MM KIT
16 10 FORB-94-B $ 189.74 $ 1,897.40 S 189.20 f 1,892.00 $ 206.40 $ 2,064.00 S -
24-I=HYDRANT EXTENSION IM
17 5 FORB-94-B $ 206.14 $ 1,030.70 S 212.67 S 1,063.35 $ 232.00 S 1,160.00 S -
18 10 FLOW $ 2SO.SOI $ 2,505.00 S 284.53 1 $ 2,645.30 S 286.12 $ 2,861.20 $ -
MANUFACTURER BID: MUELLER I SPEC I SPEC NO BID
TOTAL-SECTION 2 $ 251,595.00 1 f 292,369.85 1 $ 331,195.70 f -
SEC7ION-3 MEC7MAWAL JORCRESTRAVCR ACT Pipe&Supply HD SUPPLY RURAL PIPE&SUPPLY COBURNS CPR/MDN
SAW11-111LA>APREFBRWW Beaumont BEAUMONT JASPER BEAUMONT NEW CANEY
Unit Price I Total Price Unit Price I Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price
°MECHANICAL JOINT RESTRAINER,
CAM-LOCK,FOR PVC C900 CLASS 150
PIM WA30LTS AND GASKETS 8111128-
19 200 $ 25.95 $ 5,190.00 S 2544 f 5,168.00 $ 32.23 $ 6,446.00 S 25.90 $ 5,180.00 S 26.65 S 5,330.00
6"MECHANICAL JOINT RESTRAOM,
CAM-LACK,FOR PVC C900 CLASS 150
PEM WMOLTS AND GASKETS 8/B 120-
20 500 PG&MM400 f 32.72 $ 16,360.00 $ 32.57 f 16,285.00 $ 40.63 f 20,315.00 S 33.00 S 16,500.00 S 33.60 S 16,800.00
8"MECHANICAL JOINT RESTRAINER,
CAM-LOCK,FOR PVC C900 CLASS 150
PEM WA30LTS AND(;GASKETS 110111120.
21 ISO 01100006.080 S 45.24 $ 6,786.00 $ 45.04 $ 6,756.00 $ 54.92 $ 8,238.00 $ 48.25 $ 7,237.50 $ 46.45 $ 6,969.00
12"MECHANICAL JOINT RESTRAINER,
CAM-LOCK,FOR PVC 0900 CLASS 150
PIM WA30LTS AND GASKETS 812120-
22 50 12761320.000 $ 80.30 $ 4,015.00 $ 79.93 S 3,996.50 $ 99.87 S 4,993.50 S 85.40 $ 4,270.00 $ 82.44 $ 4,122.00
16"MECHANICAL JOINT RESTRAINER,
AM-LACK,FOR PVC 0900 CLASS 150
FIM WA30LTS AND GASKETS SO 120-
23 50 17300800800 f 163.82 $ 8,191.00 $ 163.06 S 8,153.00 $ 198.16 $ 9,908.00 $ 169.75 $ 8,487.50 $ 168.18 S 8,409.00
20"MECHANICAL JOINT RESTRAINER.
-I OCI�FOR PVC C900 CLASS 150
WA30LTS AND GASKETS 8111
24 10 1 -M $ 240.40 $ 2,404.00 $ 238,07 $ 2,380.70 S 294.62 S 2,946.20 $ 251.50, $ 2,515.00 $ 246.80 S 2,468.00
MANUFACTURER BID:j SMITH BLAIR I SMITH GLAIR EBBA I I FORD S/B
TOTAL-SECTION 3 $ 42,946.00 1$ 42,739.20 1 f 52,846.70 1 $ 44,190.00 $ 44,098.00
SECrIOM-4 MAAWOLES s COMPONENTS ACT Pipe 6 Supply MD SUPPLY RURAL PIPE&SUPPLY COBURN'S CPR!MDN
Beaumont BEAUMONT JASPER BEAUMONT NEW CANEY
Unit Price Total Price Unit Price Total Price Unit Price Total Price 7$ 19.701 $Total Price Unit Price Total Price
MANHOL13 GRADS RING,35'ID/44.5"
25 10 OD.3•HEIGHT;OLD CASTLE S 22.23 $ 222.30 $ 20.39 S 203.90 $ 22.48 S 224.80 $ $ 222.00 S 22.86 S 228.50
MANHOLE GRADS RING,FOR 24'TOP
26 10 OPENING M/H,23.5'ID OLD CASTLY S 19.73 $ 197.30 $ 17.66 $ 176.80 $ 19.95 $ 199.50 197.00 S 20.26 S 202.60
PXUM=MUD RING,CL FOR 320
27 io OLE TOP OPENING $ 185.55 $ 11855.50 $ 187.55 $ 1,875.50 S 189.50 $ 1,895.00 S 187.00 $ 1.870.00 $ 190.50 $ 1,905.00
PZMM MUD RING.C%FOR 241
28 10 PAANHOLB TOP OPENING $ 139.90 S 1,399.00 $ 168.60 $ 1,686.00 $ 141.49 $ 1,414.90 S 139.75 $ 1,397.501 S 142.23 $ 1,422.30
.CL
OR 32"TOP OPENING M/H EAST
29 10 1JORDAN S 209.22 $ 2,092.20 S 211.46 $ 2,114.60 $ 213.67 S 2,136.70 S 211.10 S 2,111.00 $ 214.79 S 2,147.90
MCI,
R 24'TOP OPffiQING WE EAST
30 10 JORDAN S 63.08 $ 630.80 $ 63.11 S 631.10 $ 64.43 $ 644.30 S 63.60 S 636.00 $ 64.76 S 647.60
MANHOLE COYER,C1,HMT LOGO.
31 10 FOR 32"MANHOLE T/O EAST JORDAN $ 166.55 S 1,665.50 $ 165.00 $ 1,650.00 $ 168.44 $ 1,684.40 $ 166.40 $ 1,664.00 S 169.32 $ 1,693.20
MANHOLE COVER,CI,B+MT LOGO,FOR
32 10 24"TOP OPENING M/H EAST JORDAN $ 103.90 S 1,039.00 $ 103.95 $ 1,039.50 $ 106.12 $ 1,061.20 S 104.60 $ 1,048.00 S 106.67 $ 1,066.70
33 10 OPENING,49'OD $ 431.41 $ 4,314.10 S 431.59 S 4,315.90 $ 410.31 $ 4,103.10 S 405.95 S 4,059.50 $ 442.89 S 4,426.90
MANHOLE4 ff.FIBERGLASS,321 TW
34 10 OPENING,49"OD $ 496.58 $ 4,965.80 $ 491.96 $ 4,919.60 S 469.06 $ 4,690.80 $ 464.10 $ 4,641.00 $ 504.84 $ 5,048.40
MANHOLE-5 FT.FIBERGLASS,32'TOP
35 10 OPENING,48"OD S 561.72 $ 5,617.20 S 556.49 $ 5,564.90 S 531.96 $ 5,319.60 S S26.30 $ 5,263.00 $ 571.06 S 5,710.60
--FT,F113ERGLASS,32'TOP
36 10 48-OD $ 617.30 $ 6,173.00 $ 617.55 $ 6,175.50 $ 589.69 $ 5,896.90 S 58140 $ 5,834.00 $ 633.72 $ 6,337.20
37 1 10 OPENING,49'OD $ 860.75 1 $ 8,607.50 $ 866.201 $ 8,662.00 $ 820.62 1 $ 8,206.20 S 811.90 $ 8,119,001 S 883.65 1 $ 8,836.50
MANUFACTURER BlD:j SPEC SPEC SPEC SPEC I SPEC
TOTAL-SECTION 4 $ 38,779.20 1$ 39,015.30 S 37,477.40 1 S 37,062.001 S 39.675.50
c77ON5 BRONZE SERWESADDLES ACT Pipe&SuppIV HD SUPPLY RURAL PIPE A SUPPLY COBURNS CPR/MDN
FORD/JONEBPREFERRXD Beaumont BEAUMONT JASPER BEAUMONT NEW CANEY
ITEM NO. QTY DESCM"RW- Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price
38 5 CC THD W/iRM S 14.25 $ 71.25 $ 16.93 S 84.65 $ 13.58 $ 67.90 S 14.25 $ 71.25 S 13.77 $ 68.85
39 100 VC PIPE,CC THD,WMINGB $ 14.25 $ 1,425.00 $ 16.93 S 1,693.00 S 13.58 $ 1,358.00 S 14.25 S 1,425.00 S 13.77 S 1,377.40
X 3/4'SERVICE SADDLE FOR C-900
40 5 CC THD W/MWGE S 33.03 $ 165.15 $ 32.61 $ 163.05 S 31.48 S 157.40 S 33.00 S 165.00 $ 31.99 $ 159.95
41 5 CC THD WMME S 46.23 S 231.15 $ 45.63 $ 228.15 S 44.05 $ 220.25 $ 46.20 $ 231.00 S 44.72 $ 223.60
42 100 PIPE,CCTHD,WrWGE $ 33.03 S 3,303.00 S 32.61 $ 3,261.00 S 31.48 S 3,148.00 S 33.00 S 3,300.00 $ 31.99 $ 3,199.00
-NIX I I SERVICE SADDLE FOR C-900
43 25 PIPE,CC TEDW/IlME S 46.23 S 1,155.75 S 45.63 $ 1,140.75 S 44.05 $ 1,101.25 S 46.20 S 1,155.00 S 44.72 S 1,118.00
44 5 PIPE,CC THD S 15.15 S 75.75 S 16.43 S 82.15 S 13.58 $ 67.90 S 17.85 $ 89.25 S 17.81 S 89.05
45 25 PIP'S,CC um $ 36.95 $ 923.75 $ 16.60 $ 415.00 S 13.58 S 339.50 S 17.85 S 446.25 S 17.81 S 445.25
46 30 CC THD,RNO 624-7.45 S 74.38 S 2,231.40 $ 69.59 $ 2,087.70 $ 70.67 S 2,126,10 S 74.35 $ 2,230.50 S 71.99 $ 2,159.70
-MMMMMSADDLE D.S.FOR
47 5 CL CC TIM S 85.04 $ 425.20 $ 79.57 $ 397.85 $ 81.02 S 405.10 $ 85.00 S 425.00 S 82.27 $ 411.35
61 X 21 SERVICE SADDLE D.S.FOR ZT
48 30 CC THD S 93.45 $ 2,803.50 S 87.03 $ 2,610.90 S 89.07 $ 2,672.10 $ 93.40 S 2,802.00 S 90.44 S 2,713.20
1675 CC fflMM5T5nrvr=
49 5 TIM RNG17.32-19.19 $ 346.83 $ 1,734.15 S 331.10 S 1,655.50 $ 330.46 S 1,652.30 S 346.00 $ 1,730.00 S 345.71 $ 1,728.55
50 80 09.00-9.40 $ 105.51 S 8,440.80 $ 98.35 $ 7,668.00 S 100.54 S 8,043.20 S 105.50 $ 8,440.00 S 102.15 $ 8,172.00
-@x1 CC,SERVICE SADDLE,DBL 1Wr
51 40 10C THD $ 92.06 $ 3,682.40 S 85.72 S 3,428.80 S 87.76 S 3,510.40 S 92.00 $ 3,680.00 $ 89.17 S 3,566.80
PO CC,MWIRM FOR C900,
52 40 1"xy OD $ 71.16 S 2,846.40 $ 98.35 $ 3,934.00 $ 67.80 $ 2,712,00 $ 71.10 $ 2,844.00 S 68.86 $ 2,754.40
CC,MIM REPAIR SADDLE,
53 40 XY COATED POAC $ 51.36 S 2,054.40 $ 51.39 S 2,055.60 $ 40.09 $ 1,603.60 $ 74.40 $ 2,976.00 S 42.73 S 1,709.20
54 40 XY COATED FOAC S 56.76 $ 2,270.40 $ 56.79 S 2,271.60 S 40,09 $ 1,603.60 S 82.20 $ 3,288.00 S 46.41 S 1,856.40
CC,MWM REPAIR MIM,
55 40 COATSDFO AC S 59.57 $ 2,382.80 $ 59.601 S 2,364.00 $ 46.63 S 1,865.20 $ 86.30 $ 3,452.00 S 49.69 $ 1,987.60
W SERVICE MM WDLE,
56 40 XY COATED FOR AC $ 77.03 S 3,081.20 $ 77.06 1 S 3,082.40 $ 46.63 S 1,865,20 $ 114.50 S 4,580.00 S 52.97 $ 2,118.80
MANUFACTURER BID; FORD/SB SPEC a MC NALD FDRD/SB CAMBRIDGE
TOTAL-SECTION 5 $ 39,303.45 S 38,844.10 1$ 34,519.00 S 43,330.25 $ 35,859.10
SEC77ON6COUPLIlAW ACT Pipe i Supply HD SUPPLY RURAL PIPE&SUPPLY COBURNS CPR/MDN
BB/BOMAC/FORDAPPROVED Beaumont BEAUMONT JASPER BEAUMONT NEW CANEY
FYEM No. QTY DESClurrRM- Unk Prke Total Price Unk Price Total Price Unit Price Total Price Unk Price Total Price Unk Price Total Price
57 200 W2 411-®168014103 $ 20.94 S 4,168.00 $ 20.84 S 4,168.00 $ 19.83 $ 3,966.00 $ 15.65 S 3,130.00 S 21.50 S 1 4,300.00
1 x5 BOLTED MM STL ME MZH S/B
58 200 411-013201.003 S 21.66 S 4,332.00 $ 21.56 S 4,312.00 $ 20.64 S 4,128.00 $ 16.15 S 3,230.00 $ 22.24 $ 4,448.00
59 30 411-016601-003 S 22.70 S 681.00 $ 22.59 S 677.70 S 21.59 S 647.70 S 16.95 $ 508.50 $ 23.30 $ 699.00
60 60 131B 411-019001-003 $ 27.09 $ 1,625.40 S 26.96 $ 1,617.60 S 24.90 S 1,494.00 $ 20.25 S 1,215.00 S 27.82 $ 1,669.20
61 150 PIN 2000.0303-260 $ 76.09 $ 11,413.50 $ 79.15 $ 11,872.50 S 79.97 $ 11,995.50 S 102.85 S 15,427.50 S 81.23 $ 12,184.50
62 300 PIN 2000.0768-260 $ 170.35 $ 51,105.00 $ 177.20 S 53,160.00 S 179.03 $ 53,709.00 $ 230.20 S 69,060.00 S 181.85 $ 54,555.00
63 20 P/N 2000.0987-260 $ 190.46 S 3,609.20 $ 200.07 S 4,001.40 $ 202.14 $ 4,042.80 $ 259.90 $ 5,198.00 $ 205.31 $ 4,106.20
4 TAP BOLT,P/N 421!MWW
64 200 1031 S 76.24 S 15,248.00 S 76.28 S 15,256.00 $ 118.66 $ 23,732.00 S 95.25 $ 19,050.00 S 78.28 $ 15,656.00
65 50 /N421-06560760-031 $ 166.64 S 8,332.00 S 166.71 $ 8,335.50 $ 242.061 12,103.00 S 208.25 S 10,412.50 S 171.08 $ 8,554.00
66 80 LT,P/N 421.8540985-031 $ 188.73 S 15,098.40 $ 188.81 $ 15,104.80 $ 274.12 1 $ 21,929.60 $ 235.00 S 18,800,00 $ 193.75 $ 15,500.00
MANUFACTURER BID: S/B&TPS SPEC ROMAC/TPS/SB JCM/HYMAX/S8 S/B
TOTAL-SECTION 6ri 115,83250 1 $ 118,505.50 S 137,747.60 S 146,031.50 S 121,671.90
C770A-7CZ"PS ACT Pipe i Supply ND SUPPLY RURAL PIPE&SUPPLY COBURN'S CPR/MDN
SBOM-sLMPREFERM Beaumont BEAUMONT JASPER BEAUMONT NEW CANEY
Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price
67 100 7.24 $ 66.68 S 6,668.00 S 66.38 S 6,638.00 S 66.13 S 6,613.00 S 64.45 S 6,445.00 S 68.46 $ 5,846.00
$ 26.15 S 10,460.00 $ 26.03 $ 10,412.00 S 27.15 $ 10,860.00 S 27.20 S 10,880.00 S 26.85 $ 10,740.00
69 50 19.39 $ 131.85 $ 6,592.50 $ 131.24 $ 6,562.00 $ 130.29 S 6,514.50 $ 126.85 $ 6,342.50 S 135.37 S 6,768.50
70 5o 8.94 $ 77.50 $ 3,875.00 S 77.15 S 3,857,50 $ 78.94 S 3,947.00 $ 75.75 S 3,767.50 S 79.57 S 3,978.50
71 so 7.45 $ 42.31 $ 3,384.80 $ 42.12 S 3,369.60 $ 41.99 $ 3,359.20 $ 46.60 S 3,728.00 S 43.45 $ 3,476.00
72 60 .94 $ 92.43 S 5,545.80 S 92.00 S 5,520.00 $ 95.80 S 5,748.00 $ 86.60 $ 5,196.00 $ 94.89 S 5,693.40
73 50 7.24 S 112.29 $ 5,614.50 $ 111.77 S 5,568.50 S 113.07 S 5,653.50 S 117.35 S 5,867.50 $ 115.28 S 5,764.00
S 67.77 S 2,033.10 S 67.46 S 2,023.80 S 67.16 $ 2,014.80 S 64.45 $ 1,933.50 $ 69.59 S 2,087.70
75 300 7.24 $ 41.69 S 12,507.00 $ 41.50 S 12,450.00 S 41.99 S 12,597,00 S 46.60 S 13,980.00 $ 42.81 S 12,843.00
76 100 9.39 S 95.17 S 9,517.00 S 94.73 S 9,473.00 $ 95.80 S 9,580.00 S 86.60 $ 8,660.00 S 97.71 $ 9,771.00
77 70 17.24 S 77.49 S 5,424.30 S 77.14 S 5,399.80 $ 79.96 S 5,597.20 S 71.25 $ 4,987.50 $ 79.56 S 5,569.20
CLAW,WO,FCC FOR IP3,IM 8.564-
78 30 8.94 S 129.76 $ 3,692.80 S 129.16 S 3,674.80 $ 130.29 $ 3,908.70 S 126.85 S 3,805.50 $ 133.22 $ 3,996.60
79 40 9.39 S 79.87 S 3,194.80 $ 79.50 $ 3,160,00 $ 78.94 S 3,157.60 S 75.75 S 3,030.00 $ 82.00 $ 3,280.00
80 40 9.67 $ 50.97 S 2,038.80 S 50.74 S 2,029.60 $ 49.29 S 1,971.60 S 47.25 $ 1,890.00 $ 52.34 S 2,093.60
CLAMP,12xI 5,FCC FOR CI;RNG 13.10-
81 20 13.50 $ 136.94 S 2,738.80 S 136.30 S 2,726.00 $ 146.16 S 2,923.20 S 133.80 $ 2,676.001 $ 140.59 $ 2,811.80
82 20 13.10.13.30 S 110.20 S 2,204.00 S 109.69 S 2,193.80 S 117.21 $ 2,344.20 S 118.40 $ 2,368.00 S 113.13 $ 2,262.60
83 10 13.50 $ 180.87 S 1,806.70 $ 180.03 S 1,800.30 S 193.03 $ 1,930.30 S 186.50 S 1,865.00 S 185.69 $ 1,856.90
84 10 S 511.05 S 5,110.50 $ 506.09 S 5,060.90 $ 1,097.59 S 10,975.90 $ 750.00 $ 7,500.00 S 524.64 $ 5,246.40
ICL"fl, or-
85 10 $ 487.66 $ 4,876.60 $ 482.93 S 4,829.30 S 1,097.59 $ 10,975.90 $ 750.00 S 7,500.00 S 500.63 S 5,006.30
MANUFACTURER BID: SB SR ROMAC FORD S/B
TOTAL-SECTION 7 $ 97,467.00 S 96,988.90 $ 110,671.60 S 102,442.00 1 S 100,091.50
C77ON-SAUFI77INGS ACT Pipe 8:Supply HD SUPPLY RURAL PIPE d SUPPLY COBURNS CPR/MDN
Do1119M ONLY Beaumont BEAUMONT JASPER BEAUMONT NEW CANEY
Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price
$ 48.87 $ 977.40 $ 48.42 S 968.40 S 48.92 $ 978.40 S 48.85 $ 977.00 $ 49.69 $ 993.80
97 $ 58.91 $ 1,176.20 $ 58.37 S 1,167.40 S 58.97 $ 1,179.40 S 58.90 S 1,178.00 S 59.90 S 1,196.00
68 $ 76.32 S 2,269.60 $ 76.79 $ 2,303.70 S 76.40 $ 2,292.00 S 76.30 S 2,289.00 S 77.60 S 2,328.00
89 $ 92.39 S 1,385.85 S 92.95 $ 1,394.25 S 92.48 $ 1,387.20 S 92.35 S 1,385.25 S 93.93 S 1,408.95
90 bcnd NU,45.DI $ 108.45 S 1,084.50 S 107.45 $ 1,074.50 S 108.56 S 1,085.60 S 108.45 $ 1,084.50 S 110.27 S 1,102.70
91 bwO W,901,DI $ 135.90 $ 1,359.00 $ 136,03 S 1,360.30 S 136.03 $ 1,360.30 S 135.90 $ 1,359.00 S 138.17 S 1,381.70
92 $ 81.00 S 3,240.00 $ 80.67 $ 3,226.60 S 81.09 $ 3,243.60 $ 81.00 S 3,240.00 S 82.36 S 3,294.40
93 $ 105.78 $ 2,115.60 S 105.33 $ 2,106.60 S 105.88 $ 2,117.60 S 105.75 $ 2,115.00 S 107.54 S 2,150.60
94 $ 59.S8 S 11191.60 $ 59.03 S 11160.60 $ 59.64 $ 11192.80 $ 59.55 S 11191.00 $ 60.58 $ 1,211.60
95 $ 60.34 $ 1,606.80 S 80.41 $ 1,608,20 $ 80.42 $ 1,608.40 $ 80.30,$ 1,606.00 $ 81.68 $ 1,633.60
96 S 153.98 S 3,079.60 $ 154.12 S 3,062.40 $ 154.13 $ 3,082.60 $ 153.95 $ 3,079,00 $ 156.55 $ 3,131.00
97 1 LONU MMVE NUIDT S 214.24 S 4,284.80 S 213.33 $ 4,266.60 $ 214.44 $ 4,288.80 S 214.20 $ 4,284.00 S 217.81 $ 4,356.20
96 $ 158.67 S 3,173.40 S 157.19 S 3,143.80 $ 158.82 $ 3,176.40 $ 158.60 S 3,172.00 S 161.31 $ 3,226.20
gg f2IvIITAPPIiDCAPDI $ 130.55 $ 2,611.00 S 129.34 S 2,586.80 $ 130.67 $ 2,613.40 S 130.50 $ 2,610.00 S 132.73 $ 2,654.60
MANUFACTURER 11113:1 TYLER I TYLER STAR STAR STAR
TOTAL-SECTION 81 S 29,577.35 1$ 29.470.35 S 29,606.50 1 S 29,569.75 S 30,071.55
SEC77ON9-TAPPINGSLEEYES ACT Pipe 6 Supply HD SUPPLY RURAL PIPE&SUPPLY COBURWS CPR/MDN
ShffM-HLAIRPABFEZM Beaumont BEAUMONT JASPER BEAUMONT NEW CANEY
n-EM No. QTY DMEMIN Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price I Total Prke Unit Price Total Prke
100 10 TAPPING SLEEVE 12x8,FOR AC PIPE $ 427.09 $ 4,270.90 $ 425.10 $ 4,251.00 $ 420.00 $ 4,200.00 S 444.90 $ 4,449.00 S 438.45 $ 4,384.50
TAPPING SLEEVE 60,FOR Cl PIPE;
101 20 RNG 6.84-7.30 $ 307.90 $ 6,158.00 S 306.47 S 6,129.40 $ 304.77 $ 6,095.40 S 284.40 $ 5,688.00 $ 316.10 $ 6,322.00
102 10 TAPPING SLEEVE 60,FOR AC PIPE S 307.90 S 3,079.00 S 306.47 S 3,064.70 S 304.77 $ 3,047.70 S 284.40 $ 2,844.00 S 316.10 $ 3,161.00
TAPPING SLEEVE 8x6,FOR AC PIPE;
103 10 RNG 9.20-9.60 $ 310.40 $ 3,104.00 $ 308.95 S 3,089.50 $ 288.85 S 2,888.50 S 298.70 S 2,987.00 $ 318.66 S 3,186.60
TAPPING SLEEVE 12x6,FOR
104 10 CI/C900;RNG 13.16-13.56 $ 358.31 $ 3,583.10 $ 356.64 $ 3,566.40 S 358.46 $ 3,584.60 $ 362.25 $ 3.622.50 S 367.85 S 3,678.50
TAPPING SLEEVE 8x6,FOR Cl PIPE;
105 20 RNG 8.62-9.06 $ 310.38 S 6,207.60 S 310.51 1 S 6,210.20 $ 288.85 $ 5,777.00 S 298.70 $ 5.974.00 S 318.64 1 S 6,372.80
MANUFACTURER BID: S/B S/B RDMAC FORD S/B
TOTAL-SECTrON 9 S 26,402.60 $ 26,311.20 $ 25,593.20 1 S 25,564.50 $ 27,105.40
SECTION-10 BRASSPLPEFl477N GY ACT Pipe`Supply MD SUPPLY RURAL PIPE 6 SUPPLY COBURl1fS CPR/MDN
DOAMSM 4W LK4D ONLY Beaumont BEAUMONT JASPER BEAUMONT NEW CANEY
rrEM No. QTY DENCRIMON Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price
106 IX3/4,MHqkFIFr S 6.55 $ 1,310.00 S 5.14 S 1,028.00 S 6.02 f 1,204.00 S 5.20 S 1,040.00 S 6.12 S 1,224.00
$ 15.85 S 634.00 S 12.46 $ 498.40 S 14.60 $ 584.00 S 12.70 $ 508.00 S 14.83 $ 593.20
S 15.85 f 634.00 $ 12.46 S 498.40 S 14.60 $ 584.00 $ 12.70 S 508.00 S 14.83 $ 593.20
$ 19.56 f 1,173.60 f 15.37 $ 922.20 $ 18.01 $ 1,080.60 S 15.70 $ 942.00 f 18.30 $ 1,098.00
f 19.56 $ 3,912.00 f 15.37 $ 3,074.00 S 18.01 $ 3,602.00 S 15.70 f 3,140.00 $ 18.30 $ 3,660.00
111 200 314,FnT $ 6.27 S 1,254.00 $ 4.92 S 984.00 f 5.78 $ 11155.00 $ 5.00 $ 11000.00 S 5.87 $ 1,174.00
100 1 IN $ 10.70 $ 1,070.00 f 8.40 $ 840.00 S 9.85 S 965.00 $ 8.55 S 855.00 S 10.01 S 1,001.00
f 23.24 f 2,324.00 f 18.26 $ 1,826.00 S 21.40 S 2,140.00 $ 18.80 $ 1,860,00 $ 21.73 S 2,173.00
114 r,FIFT S 38.42 S 3,842.00 f 30.17 $ 3,017.00 $ 35.38 $ 3,538.00 S 30.75 $ 3,075.00 S 35.93 $ 3,593.00
S 7.14 f 714.00 f 5.60 S 580.00 S 6.58 $ 658.00 S 5.70 $ $70,00 S 6.68 $ 668.00
$ 11.62 $ 1,152.00 S 9.12 S 912.00 S 10.69 $ 1,069.00 $ 9,30 $ 930.00 $ 10,87 $ 1,087.00
117 100 PLI,1-112 Flyr f 23.86 S 2,386.00 $ 18.24 $ 1,824.00 S 21.40 $ 2,140.00 $ 18.60 $ 1,860.00 S 21.73 $ 2,173.00
100 Emm-27wir7r $ 37.50 f 3,750.00 S 29.45 $ 2,945.00 f 34.56 $ 3,456.00 S 30.00 $ 3,000,00 $ 35.07 $ 3,507.00
119 3/4X2 WT S 2.06 S 206.00 S 1.88 S 168.00 $ 1.90 $ 190.00 f 1.90 $ 190,00 $ 1.93 S 193.00
120 I-lf2x4)AFr S 9.15 S 915.00 $ 8.34 f 834.00 $ 8.43 $ 843.00 S 8.50 f 850.00 S 8.56 $ 856.00
S 13.51 $ 1,351.00 $ 12.32 $ 1,232.00 S 12.45 $ 1,245.00 S 12.55 S 1,255,00 f 12.64 $ 1,264.00
S 5.26 f 1,052.00 $ 4.80 f 960.00 f 4.85 $ 970,00 S 4.90 S 980,00 S 4.92 S 984.00
123 200 Ix3.MPT $ 4.00 f 800.00 $ 3.65 $ 730.00 S 3.69 S 738.00 f 3.72 S 744.00 S 3.7S $ 750.00
124 200 PUFPLH�2x4,mrrr S 11.77 $ 2,354.00 $ 10.72 S 2,144.00 S 10.84 f 2,168.00 S 10.95 f 2,190.00 $ 11.01 $ 2,202.00
200 IX6,mPT $ 7.68 $ 1,536.00 $ 7.00 $ 1,400.00 S 7.07 $ 1,414.00 S 7.05 $ 1,410.00 $ 7.19 $ 1,438.00
126 MPT $ 17.38 $ 3,476.00 $ 15.84 $ 3,168.00 $ 16.00 $ 3,200.00 S 16.15 S 3,230.00 $ 16.25 $ 3,250.00
127 I?Iff $ 8.91 $ 891.00 S 7.00 S 700.00 S 8,21 $ 821.00 S 7.15 S 715.00 S 8.34 $ 834.00
128 FIPT 100 1coupow
100 p5mm
100 3/4
100 IN,
f 16.09 $ 1,609.00 $ 12.64 f 1,284.00 $ 14.82 $ 1,482.00 $ 12.90 S 1,290.00 S 14.05 $ 1,405,00
129 /Z FEFT $ 31.28 $ 3,126.00 $ 24.56 $ 2,456.00 S 28.79 S 2,879.00 S 25.00 S 2,500.00 S 29.25 $ 21925.00
130 100 S 51.83 $ 5,183.00 $ 40.70 S 4,070.00 S 47.72 f 4,772.00 S 41.451$ 4,145.00 f 48.47 S 4,847.00
f 22.31 S 4,462.00 S 55.67 $ 11,134.00 $ 30.05 $ 6,010.00 S 30.80 $ 6,160,00 $ 31.12 $ 6,224.00
132 2"hunw?,FIPT S 22.76 $ 4,552.00 $ 74.23 f 14,846.00 S 39.21 $ 7,842.00 S 40.20 S 8,040.00 S 40.62 $ 8,124.00
$ 58.10 $ 5,810.00 S 20.65 $ 2,055.00 $ 11.56 S 1,156.00 S 12.90 $ 1,290.00 $ 30.61 $ 3,061.00
134 100 FIPI $ 95.00 $ 91500.00 $ 43.73 S 4,373.00 $ 22.85 S 2,285.00 $ 25.45 $ 2,545.00 S 132.64 f 13,264.00
$ 138.76 S 13,876.00 $ 69.57 $ 6,957.00 $ 35.52 S 3,552.00 S 37.50 $ 3,750,00 $ 168.73 $ 16,873.00
136 200 JOINTCfS $ 10.66 S 2,132.00 $ 10.11 f 2,022.00 S 11.64 $ 2,326.00 $ 10.65 $ 2,130.00 $ 11.06 $ 2,212.00
137 200 JOINT CTS $ 12.61 S 2,522.00 $ 13.72 f 2,744.00 S 13.66 $ 2,732.00 $ 12.60 $ 2,520.00 S 13.08 S 2,616.00
UPIMR MALE 1 1/2'MALE X PACK
138 200 JOINT CTS S 34.56 $ 6,912.00 f 33.06 S 6,612.00 S 35.15 S 7,030.00 S 34.55 f 6,910.00 S 34.89 f 6,978.00
139 200 JOINT CPS $ 50.37 $ 10,074.00 $ 48.42 S 9,684.00 f 50.49 $ 10,098.00 S 50.40 f 10,060.00 S 49.51 $ 9,902.00
-COUPLER,mm mrmmvm=
140 200 PACK JOINT CIS f 11.20 $ 2,240.00 f 12.43 S 2,486.00 S 12.23 S 2,446.00 S 11.20 $ 2,240.00 S 11.63 S 2,326.00
COUPLER.FEMALE I rPMZMM-
141 200 PACK JOINT CIS f 15.21 $ 3,042.00 $ 15.51 $ 3,102.00 S 16.271 S 3,254.00 S 15.20 S 3,040.00 $ 15.78 $ 3,156.00
142 200 PACK JOINT CTS S 44.21 S 8,842.00 f 42.28 $ 8,456.00 $ 43.73 S 8,746.00 S 44.20 $ 8,840.00 f 44.64 $ 8,928.00
143 200 PACK JOINT CTS $ 52.65 S 10,530.00 f 50.38 $ 10,076.00 S 51.79 S 10,358.00 S 52.65 f 10,530.00 S 53.16 S 10,632.00
UNION, 3/4 PACK JOINT X PACK JOINT
144 100 CTS f 12.97 $ 1,297.00 f 14.15 S 1,415.00 f 14.92 S 1,492.00 S 13.00 f 1,300.00 S 13.45 $ 1,345.00
-UNION. 11 PACK YMMMTM JOINT
145 100 CTS S 14.64 $ 1,484.00 $ 15.45 $ 1,545.00 $ 16.94 $ 1,694.00 S 14.65 $ 1,485.00 $ 15.41 $ 1,541.00
146 100 POINT CPS $ 49.67 S 4,967.00 S 47.49 S 4,749.00 f 51.23 f 5,123.00 S 49.68 S 4,968.00 S 50.14 $ 5,014.00
-UNION. 2 PACK JOINT X PACK JOINT
147 100 CTS $ 67.05 S 6,705.00 $ 64.13 $ 6,413.00 $ 68.17 $ 6,817.00 S 67.05 S 6,705.00 $ 67.69 $ 6,769.00
148 100 FnUMT ELL,3/4",MFrxFlFr $ 9.83 $ 983.00 f 7.72 $ 772,00 S 9.06 S 905.00 $ 7.90 S 790,00 S 9.20 $ 920.00
149 100 MVMT ELL,11,MIrrxFjPT $ 16.09 $ 1,609.00 f 12.64 S 1,264.00 S 14.82 $ 1,462.00 $ 12.90 S 1,290.00 $ 15.05 $ 1,505.00
f 32.16 $ 3,216.00 f 25.27 S 2,527.00 $ 29.61 $ 2,961.00 S 25.75 $ 2,575.00 f 30.07 $ 3,007.00
f 54.51 $ 5,451.00 S 42.81 S 4,281.60 S 50.18 $ 5,018.00 S 43.60 $ 4,360.00 $ 50.97 $ 5,097.00
152 100 x 3/4MPT f 6.92 $ 692.00 S 7.11 S 711.00 S 6.94 S 694.00 S 6.92 $ 692.00 S 7.19 $ 719.00
153 100 F 1"MIT $ 10.66 $ 1,066.00 S 9.55 $ 955.00 $ 10.69 $ 1,069.00 S 10.65 S 1,065,00 S 11.07 S 1,107.00
METER , x
154 100 4MPT $ 10.17 $ 1,017.00 f 10.94 $ 11094.00 $ 10.20 S 1,020.00 f 10.17 f 1,017.00 $ 10.56 $ 1,056.00
-METER COUPLING,
x
155 100 MPT 14.51 S 1,451.00 $ 15.63 S 1,563.00 S 14.57 $ 1,457.00 S 14.50 S 1,450.00 $ 15.09 $ 1,509.00
156 100 REDUCING UNION,Ix3/4,COMPxCOMP f 15.07 f 1,507.00 $ 15.77 f 1,577.00 $ 17.10 S 1,710.00 $ 15.07 S 1,507.00 f 15.64 S 1,564.00
157 100 1x3/4 UNION,PACK JWACK TP CPS f 15.07 f 1,507.00 $ 15.77 $ 1,577.00 S 17.101 $ 1,710.00 S 15.07 f 1,507.00 $ 15.64 $ 1,564.00
MANUFACTURER BID: FORD 6 MERIT LEE BRASS MERIT/MCDONALD LEE/FORD MERIT/CAMBRIDGE
TOTAL-SECTION 101 S 164,112.60 $ 153,075.00 $ 143,908.60 $ 137,573.00 f 170,505.40
SECI7OA-11 BRASS VALVES(FULL PORT) ACT Pipe•Supply MD SUPPLY RURAL PIPE 3 SUPPLY COBURN CPR/MDN
DONEII'lc NO-LXAD ONLY Beaumont BEAUMONWT JASPER BEAUMONT NEW CANEY
rrRm No. QTY DENCRIMON Unit Price Total Price Unit Price Total Prke Unit Prke Total Price Unit Price Total Price Unit Price Total Price
158 400 FA0T S 34.39 $ 13,756.00 S 31.95 S 12,780.00 $ 33.08 S 13,232.00 $ 34.40 S 13,760.00 $ 33.59 S 13,436.00
159 400 CORP,1"BALL STOP;BRA83,CCxPACTT $ 45.22 $ 18,088.00 S 42.04 S 16,816.00 $ 42.65 S 17,060.00 S 45.25 $ 18,100.00 S 43.13 $ 17,252.00
160 50 ACTT S 101.35 $ 5,067.50 S 163.56 $ 8,178.00 S 96.57 $ 4,828.50 S 112.00 $ 5,600.00 S 133.24 S 6,662.00
2-BALL MY Mr-
161 200 ACTT $ 167.62 S 33,524.00 $ 270.49 S 54,098.00 $ 157.64 S 31,568.00 S 183.00 $ 36,600.00 S 220.35 $ 44,070.00
162 200 xFST $ 23.98 $ 4,796.00 S 36.61 S 7,322.00 S 36.44 S 7,286.001 S 36.60 $ 7,320.00 $ 38.44 $ 7,688.00
163 200 S 42.301 S 8,450.00 S 55.79 S 11,158.00 S 54.51 $ 10,902.00 S 56.85 $ 11,370.00 $ 57.02 S 11,404.00
164 200 FIP15cFIPT $ 117.90 $ 23,580.00 $ 113.71 S 22,742.00 S 110.17 $ 22,034.00 $ 116.40 $ 23,280.00 S 115.25 S 23,050.00
165 200 $ 171.75 S 34,350.00 S 165.55 S 33,110.00 $ 160.41 $ 32,082.00 $ 170.25 $ 34,050.00 $ 167.81 $ 33,562.00
166 100 ,FIPT X 3/4 METER $ 26.88 $ 2,688.00 $ 44.71 $ 4,471.00 $ 46,95 $ 4,695.00 $ 49.05 $ 4,905.00 S 49.53 $ 4,953.00
1 ANGLE STOP,BRASS,LOCK -
167 100 OFIPTXI"MEt m $ 53.95 S 5,395.00 $ 67.33 $ 6,733.00 $ 70,76 $ 7,076.00 $ 73.90 S 7,390.00 $ 74.64 $ 7,464.00
1 IT ANME EM,BRASS
168 100 WINGFIPTXFLO $ 160.47 $ 16,047.00 $ 154.53 S 15,453.00 $ 149.741 S 14,974.00 S 160.40 $ 16,040.00 $ 156.64 $ 15,664.00
169 100 WING:FIPTxFLO $ 189.35 1 S 19,935.001 $ 182.34 $ 18,234.00 S 176.68 1 S 17,668.00 S 189.25 $ 18,925.001 S 184.84 $ 18,484.00 2-ANGIX STOP,BRASS,
MANUFACTURER BID: FORD I MUELLER MCDONALD FORD CAMBRIDGE/)ONES
TOTAL-SECTION I1 S 184,686.50 1 $ 211,095.00 1 $ 183,407.50 1 $ 197,340.00 $ 203,689.00
c77ON 12 VALFES-DOCTLLEtRON ACT Pipe a Supply NO SUPPLY RURAL PIPE&SUPPLY COBURN'S CPR/MDN
A14MCAN FLOW ONLY Beaumont BEAUMONT JASPER BEAUMONT NEW CANEY
"MN*. Unit Price Total Price Unit Price Total Pike Unit Price Total Price Unit Price Total Price Unit Price Total Price
170 20 WHEEL GATE VALVE 3"Dl,FLO X FLO S 283.34 $ 5,666.80 $ 296.96 S 5,939.20 $ 309.18 S 6,183.60 S - $ -
171 20 MEM GATE VALVE 4"DI,FLO X FLO $ 316.62 $ 6,332.40 S 338.84 S 6,776.30 $ 351.00 $ 7,020.00 S - f -
172 so kmHEL GATE VALVE 6",DI,FLO XFLO S 423.25 $ 21,162.50 $ 459.90 $ 22,995.00 $ 473.68 $ 23,694.00 $ - f -
173 50 IGATE VALVE 6,DI, $ 407.58 f 20,379.00 S 431.86 $ 21,593.00 $ 431.55 S 21,577.50 S - $ -
174 20 IGATE MMMM $ 649.14 $ 12,962.80 $ 705,76 $ 14,115.20 $ 686.73 $ 13,734.60 $ - $ -
175 $ 1,012.15 $ 10,121.50 S 1,049.97 S 10,499,70 S 1,070.64 $ 10,706,40 S - f -
176 5 IM VE 121,DL W X hu $ 1,280.74 $ 6,403.70 $ 1,342.30 $ 6,711.50 $ 1,354.68 S 6,773.40 f - $ -
177 $ 407.58 $ 20,379.00 S 445.80 $ 22,290.00 S 444.63 f 22,23110 $ - $ -
178 $ 636.91 $ 12,738.20 $ 6%,44 S 13,928,60 S 707.00 $ 14,140.00 $ - $ -
179 $ 1,012.15 $ 5,060.75 S 1,049.97 S 5,249.85 $ 1,103.62 f 5,518.10 $ - S -
180 $ 1,221.99 $ 6,109.95 $ 1,268.01 S 6,340.05 $ 1,327.37 $ 6,636.85 S - $ -
181 50 SW CHIC,3"DI,MXbX1.0,NON-LEVER $ 500.08 S 25,004.00 $ 458.45 S 22,923.00 f 258.06 f 12,903.00 S - $ -
182 50 SW CHIC,41,DI,FL(b&W.NON-LEVER S 568.33 $ 29,416.50 $ 508.55 $ 25,427.50 f 323.11 $ 16,155.50 $ - S -
183 50 SW CHIC,6",DI,FL0xFLG,NON-LEVER S 807.38 $ 40,369.00 $ 762.82 $ 38,141.00 S 487.12 $ 24,356.00 $ - S -
MANUFACTURER BID: MUELLER AM FLOW AVK NO BID NO BID
TOTAL-SECTION 12 $ 222,126.10 S 222,930,60 191,830.45 1 S
SEC77ON13-WATER METERS&COMPONENTS ACT Pipe A Supply ND SUPPLY RURAL PIPE 6 SUPPLY COBURN'S
NEPTUNE ONLY Beaunwnt BEAUMONT JASPER BEAUMONT
rrm No. Unit Price Total Price Unit Prime Total Prime Unit Price Total Price Unit Price Total Price
UM NEAK 571 Nzrrm
184 50 ?Uwj=Hw1 $ - $ 39.12 S 1,956.00 S 71.68 $ 3,584.00
185 50 43ED2F31R9GI $ - $ 129.41 $ 6,470.50 f 149.05 $ 7,452.50
ME=BRASS,1-1/2'NEMINE
186 10 43EB8A IUM $ - S 282.35 f 2,623.50 $ 362.29 $ 3,822.90
PAMM,N=21 NZFIWM
187 20 43XI)MIRM $ - $ 423.53 $ 8,470.60 S 562.49 $ 11,249.80
188 loo E119NI BSP3 $ - $ 14,72 $ 1,472.00 $ 13.36 f 1,336.00 $ -
189 100 "CAMMORMEDGE117NL-B4P4 $ - $ 18.85 $ 1,885.00 S 19.23 S 1,923.00 S -
MANUFACTURER BID: NO BID SPEC BADGER/MCDONALD NO BID
TOTAL-SECTION 13 f - S 23,077.60 S 29,368.20 S -
RESOLUTION NO.
WHEREAS, bids were received for a one(1)year contract for purchasing couplings,
pipe fittings, valves, fire hydrants and other related materials for use by the Water Utilities
Department; and,
WHEREAS, various vendors submitted bids reflecting estimated total costs in the
amounts shown below:
Vendor "Wm Bid
H.D. Supply& Waterworks Valve & Meter Boxes $215,094.90
Beaumont, TX Fire Hydrants $282,369.85
Mechanical joint Restrainers $42,739.20
Clamps $96,988.90
Mechanical Joint Fittings $29,470.35
Iron Gate Valves $222,930.60
Water Meters $23,077.60
Poly Tubing $1.595.00
Ural Pipe &Supply Brass Valves $183,407.50
asper, TX
lam C?172Zfi.M
oburn's Manholes $37,062.00
Beaumont, TX Brass Pipe Fittings $137,573.00
T pyina
Pew pe & Supply Couplings $115,832.50
nnt- TX DN, Inc. $0.00
ane TX
and,
WHEREAS, City Council is of the opinion that the bids submitted by the four (4)
vendors listed above, in the amounts shown, for an estimated total contract expenditure
of$1,486,531.73 should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the bids for a one (1) year contract for purchasing couplings, pipe fittings,
valves,fire hydrants and other related materials for use by the Water Utilities Department
submitted by the four(4)vendors listed above, for an estimated total contract expenditure
of$1,486,531.73 be accepted by the City of Beaumont; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a contract with the vendors listed above for the purposes described
herein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of May,
2013.
- Mayor Becky Ames -
2
May 14,2013
Consider a resolution approving the award of a bid and authorizing a contract with Goss Building,
Inc. for the renovation of the P floor of the Municipal Court and EOC Building, contingent
upon Port Security Grant funds being approved for the project
RICH WITH OPPORTUNITY
r
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: May 14, 2013
REQUESTED ACTION: Council consider a resolution approving the award of a bid
and authorizing a contract with Goss Building, Inc. of
Beaumont for the renovation of the 3'floor of the
Municipal Court and EOC Building, contingent upon Port
Security Grant funds being approved for the project.
BACKGROUND
The Municipal Court Building located at 700 Orleans houses the City's Municipal Court on the
1St floor and the Emergency Dispatch 911 Call Center and Emergency Operations Center on the
2°a floor. The 3`d floor has not been renovated since the building was purchased over 20 years
ago.
During the past disaster events, staff worked and sheltered in the EOC building. There were
limited sleeping quarters and restroom facilities for the number of employees onsite.
Substantial electrical, plumbing and HVAC upgrades are required to renovate this floor. The
project includes the installation of a new chiller, construction of restrooms and showers and the
installation of new lighting, electrical receptacles, fire protection isolation valves and HVAC
ductwork.
Eight bids were received on April 11, 2013 for this project:
Contractor Location Completion Time Bid
Goss Building, Inc. Beaumont 130 days $1,124,900
H.B.Neild& Sons, Inc. Beaumont 110 days $1,132,700
L& L General Contractors Beaumont 150 days $1,147,600
N & T Construction Company, Inc. Beaumont 150 days $1,151,000
McInnis Construction, Inc. Silsbee 120 days $1,168,630
Municipal Court Building-3'Floor
May 14, 2013
Page 2
Bruce's General Construction, Inc. Beaumont 185 days $1,249,000
Daniels Building& Construction, Inc. Beaumont 180 days $1,251,273
W B Construction& Sons, Inc. Beaumont 120 days $1.410,431
Goss plans to subcontract 42%of the project to certified MBE/HUB companies.
The project will begin if Port Security Grant funds are approved for the project. The contractor
has agreed to honor his bid for an additional 45 days.
FUNDING SOURCE
The 2010 Supplemental Port Security Grant Program and the 2012 Port Security Grant Program.
RECOMMENDATION
Approval of resolution.
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 Goss Building, Inc., of
Beaumont, Texas, in the amount of$1,124,900 for the Municipal Court and EOC Building
Third Floor Renovation Project; and,
BE IT FURTHER RESOLVED THAT the award of the bid is contingent upon the
extension of Port Security Grant funds.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of May,
2013.
- Mayor Becky Ames -
3
May 14,2013
Consider a resolution approving the award of a bid and authorizing a contract with McInnis
Construction for a new North Entry to the Civic Center and approving a change order to reduce the
contract amount
RICH WITH OPPORTUNITY
BEAUMGN*
T • $ • X * A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: May 14, 2013
REQUESTED ACTION: Council consider a resolution approving the award of a bid
to McInnis Construction, Inc. of Silsbee, Texas in the
amount of$377,000 and Change Order No. 1 reducing the
bid amount by$28,400 for the construction of a new North
Entry to the Civic Center.
BACKGROUND
The entry to the Civic Center from the north side parking lot is used for numerous evening and
day events. The existing entry is functional but many event planners rent tents to showcase the
entry.
Labiche Architectural worked with City staff to develop an entry that would compliment the
building's architecture. Attached is a rendering of the proposed entry.
Four bids were received on April 11, 2013 for this project:
Contractor Location Co®pietion Time Bid
McInnis Construction Silsbee 90 $377,000
L&L General Contractors. Beaumont 120 $379,000
Bruce's General Construction Beaumont 170 $392,000
N& T Construction Beaumont 150 $399,800
Change Order No. 1 reduces the contract by$28,400. Included in the change order is the
elimination of 230 sq. ft. of exterior pavers, a glass wall on the north side, square columns in lieu
of tapered columns, accent flooring tile, new light fixtum and new ceiling the in the secondary
entryway. The revised contract amount is$348,600, a reduction of 7.5%.
May 14, 2013
Page 2
McInnis plans to subcontract 8% of the contract to certified MBE/HUB vendors. The project
will commence in May and be completed in 90 days.
FUNDING SOURCE
Capital Program Fund.
RECOMMENDATION
Approval of resolution.
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CHANGE ORDER
PROJECT: Beaumont Civic Center—New Entry CHANGE ORDER NO: 1
CONTRACTOR: McInnis Construction DATE: May 10,2013
675 South 4"'Street ARCHITECT'S PROJECT NO.: 10033
Silsbee,Texas CONTRACT DATE:
CONTRACT FOR: Construction
The Contract is changed as follows:
Bid Proposal for Civic Center New Entry:
-The original bid proposal for the Re-Bid on April 03, 2013,was McInnis Construction with the low bid of
$377.000.00.
-A Change Order revision to the contract amount has been submitted by McInnis Construction in the amount of
$348&%.00. ("*see attached for breakdown)
Total Deduct: $28,400.00
**See attached breakdown
Not valid until signed by the Owner,Architect,and Contractor.
The original Contract Sum was............................................................................................................$377,000.00
Net change by previously authorized Change Orders...................................................................................$0.00
The Contract Sum prior to this Change Order was.............................................................................$377,000.00
The Contract sum will be decreased by this Change Order in the amount of ..................................($28,400.00)
The new Contract Sum including this Change Order will be..............................................................$348,600.00
NOTE: The summary does not reflect changes in the Contract Sum or Contract Time which have been authorized by
Construction Change Directive.
The LaBiche itecturai Group McInnis Construction City of Beaumont
7999 Gladys , Suite 101 675 South 0 Street 801 Main Street
Beaumont, 77706 Silsbee,Texas Beaumont,Texas 77701
By: By: By.
Date: Date: Date:
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16306 �tT
F OF Jti
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 McInnis Construction,
Inc., of Silsbee, Texas, in the amount of$377,000 for the Civic Center North Entry Project;
and,
BE IT FURTHER RESOLVED THAT the City Manager be and his is hereby
authorized to execute Change Order No. 1 in the amount of($28,400) for the elimination
of 230 sq. ft. of exterior pavers, a glass wall on the north side, square columns in lieu of
tapered columns, accent flooring tile, new light fixtures and new ceiling tile in the secondary
entryway, thereby increasing the contract amount to $348,600.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of May,
2013.
- Mayor Becky Ames -
4
May 14,2013
Consider a resolution approving the purchase of 800 MHz repeaters and radios
RICH WITS OPPORTUNITY
BEAUMON*
T • E • X • A • B City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Bart Bartkowiak, Chief Technology Officer F f3
MEETING DATE: May 14, 2013
REQUESTED ACTION: Council consider a resolution approving the purchase of
800 MHz repeaters and radios from Motorola Solutions Inc.
in the amount of$1,199,586.58.
BACKGROUND
Pricing for the proposal was 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 State of Texas Statewide Communications Interoperability Plan(SCIP), adopted by the
Governor's Office on November 26, 2007 and approved by the U.S. Department of Homeland
Security on April 4, 2008 requires Texas agencies to be fully"Project 25 compliant(P25)by
January 1, 2015. Project 25 implements a digital"suite of standards"for radio systems that
ensures any P25 radio can talk to any P25 radio system regardless of manufacturer.
Our current system is not capable of P25 compliance and will require upgrades to meet the new
standard. We have been working towards compliance for several years and have a plan in place to
attain compliance by the January 1, 2015 deadline.
The eighty-four(84) 800 MHz repeaters in the four tower simulcast tower system are not
compatible once we move to P25. The purchase of twenty-eight(28)new GTR8000 repeaters in
the amount of$887,784.00 will allow us to upgrade one third of the simulcast system for P25
operations and will be funded with the 2010 Port Security Grant Program(PSGP). The remaining
2010 PSGP funding will be used to purchase P25 capable APX portable radios in the amount of
$175,308.58 for use in the police department. The 2010 PSGP does not require a match.
The installation and configuration of the GTR8000 repeaters in the amount of$136,494.00 will be
funded with the 2012 PSGP which does require a 25%match.
FUNDING SOURCE
2010 Port Security Grant Program, 2012 Port Security Grant Program, $34,123.50 in matching
funds in the Capital Reserve.
RECOMMENDATION
Approval of resolution.
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 approve the purchase of
800MHz repeaters and radios from Motorola Solutions, Inc., of Schaumburg, IL, in the
amount of $1,199,586.58 through the Houston-Galveston Area Council (H-GAC)
Cooperative Purchasing Program for use by various City departments.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of May,
2013.
- Mayor Becky Ames -
5
May 14,2013
Consider a resolution approving the purchase of a bar screen for use in the Waste Water Treatment
Plant
RICH WITH OPPORTUNITY
BEAIIMON*
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager y
PREPARED BY: Laura Clark, Chief Financial Offcer�/�`-"
MEETING DATE: May 14, 2013
REQUESTED ACTION: Council consider a resolution approving the purchase of
a bar screen from Duperon Corporation of Saginaw,
Michigan in the amount of$210,000 for use in the Waste
Water Treatment Plant.
BACKGROUND
The bar screen system is the initial stage of waste water treatment. It removes large debris,
plastics, rags and other material that must be removed prior to primary treatment. With
Resolution 11-232 on August, 16, 2011, Council awarded the purchase of two (2)bar screens to
be used at the Waste Water Treatment Plant. The City replaced the bar screens at the head of the
plant with the 304SS Flexrake screens manufactured by Duperon Corporation. The screens have
exceeded the performance expectations in terms of low maintenance and the percentage of solids
removed. The additional screen will be installed prior to the discharge point at the constructed
wetlands to protect the pumps and the plants at the constructed wetlands from harmful high
water levels. The installation of this screen will also satisfy a proposal to the TCEQ that is part
of the Agreed Order that will expire in June 2013.
The original bid was solicited June 11, 2011 and allowed for the purchase of additional bar
screens at a later date. The vendor has agreed to honor the original bid price of the bar screen.
FUNDING SOURCE
Capital Program.
RECOMMENDATION
Approval of resolution.
I
RESOLUTION NO.
WHEREAS, on August 16, 2011, City Council approved Resolution No. 11-232
authorizing the award of a bid to Duperon Corporation, of Saginaw, Michigan, in the
amount of $420,000 for the purchase of two (2) bar screens for use at the Wastewater
Treatment Plant; and,
WHEREAS, the original bid allowed for the purchase of additional bar screens at
a later date; and,
WHEREAS, the screens have exceeded the performance expectations in terms of
low maintenance and the percentage of solids removed; and,
WHEREAS, the Water Utilities Department has requested the purchase of one (1)
additional bar screen for use at the Wastewater Treatment Plant; and,
WHEREAS, the Duperon Corporation, of Saginaw, Michigan, has agreed to honor
the original bid price of$210,000 for the purchase of one (1) additional bar screen;
NOW THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the City Council hereby approves the purchase of one (1) bar screen from
Duperon Corporation, of Saginaw, Michigan, in the amount of $210,000 for use at the
Wastewater Treatment Plant.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of May,
2013.
- Mayor Becky Ames -
WOR SESSION
* Review and discuss a proposal to lease the former Melton YMCA
facility located at 3455 Sarah Street
RICH WITH OPPORTUNITY
BEAUM,ON* CITY OF BEAUMONT
COMMUNITY DEVELOPMENT
T E % • A • S
INTEROFFICE MEMORANDUM
May 8,2013
TO: Kyle Hayes,City Manager
Ca
FROM: Chris Boone,Community Development Director
SUBJECT: Melton Proposal
COMMENT:
As you are aware,the Melton YMCA closed approximately three years ago and
was reopened as the L.L. Melton Family Life Center. Serving as a community
recreation center for the area,the Life Center continues to operate,with assistance
from the City. The management of the Melton Life Center was recently
approached by Dr. Donna Farrell,Ph.D., LSSP about utilizing the facility,while
maintaining recreational activities for the community.
Attached is a letter from Donna Farrell,Ph.D.,outlining her plans and requesting
consideration to enter into a long-term lease(twenty year,minimum)at the
Melton. Her proposal,which involves educational programs for students with
disabilities,is funded via contracts with area school districts. Given Dr. Farrell's
desire to continue to offer recreational opportunities to the community,Jehovah
Jireh,the non-profit manager of the Life Center is in support of the project(see
attached letter).
In order to move forward,some issues need to be resolved. First,Dr. Farrell
intends to make significant investments by making improvements to the property,
including code updates, expansion of the building and new sport fields. In order
to make these improvements,a lease in excess of twenty(20)years would be
required. In addition,while the north half of this ten(10)acre property is owned
by the City,the south half is jointly owned by the City and County. In order for
the project to move forward,the County will need to also give its consent to the
long-term lease for the project. If you need any additional clarification,please
do not hesitate to contact me.
DONNA M. FARRELL, PHD., LSSP
LICENSED SPECIALIST IN SCHOOL PSYCHOLOGY
P.O. BOX 1436
WINNIE, TX 77665-1436
MESSAGE (409)296-8612
FAX(409)296-2548
CONFIDENTIAL
May 1, 2013
City of Beaumont
Chris Boone, Community Development Director
801 Main, Suite 201
Beaumont, TX 77701
Dear Chris,
Per your request today, this is an update on my previous request to enter into negotiations, with
the City of Beaumont, to obtain a long-term lease, for a period of at least 20 years, for the
Melton Family Center property, on Sarah street. It is my understanding that the south five acres
(sports fields) are jointly owned with the City and County. It is also my understanding that the
north 4.65 acres is solely owned by the City. With a long term lease, it would be feasible to add
on additional structures and invest in remodeling and expansion. I am planning a facility that
would serve the entire community, as well as the surrounding communities, with the complete
property (9+ acres of buildings, parking, and fields).
The proposed facility would serve as a recreational and educational community center for the
entire breadth of the community, with programming for mainstream youth and adults, special
needs youth and adults, families, and seniors. The proposed facility will offer full time hours of
operation. The proposed facility with be unique to the region. The special needs population will
access the services along side their mainstream peers in full inclusion. The facility will be open
7 days a week, with extensive programming during the summer months. The area school
districts, Lamar University students/interns, Special Olympics, Home School Associations, after-
school care, and community groups will be accessing the facilities, on a daily basis.
The facility will need to be retrofitted for appropriate safety concerns and handicap accessibility,
throughout. Obviously, the facility will meet all building codes and be fully insured. The facility,
in the current state, does not have fire sprinklers, for example, which is certainly a top concern.
The facility does not have school bus accessibility, at this point, which will need to be remedied,
due to the fact that school buses will be accessing the property. The facility will be securely
fenced, with additional security lighting, and a new overall security system. The facility will
receive an overall facelift and the fields will be refurbished for safety and markings. At this
point, the fields are not level, clearly marked, etc. The previous concession stand has a
decayed roof that has to be replaced and the electricity has to be redone, etc., to meet code.
The pool is currently locked, due to the fact that it is not handicap accessible, which will be
remedied. Until such time as the pool can be safe and accessible, for all, it will be covered to
limit the danger to area youth. Once remedied, swimming lessons and water sports will be
offered, as weather allows. The existing facility will be augmented with additional square
footage, for appropriate dance/martial arts flooring, eating/kiosk area, and indoor tennis courts.
The facility will offer sports leagues, consistent with the season. The facility will offer tennis
leagues, for various ages and ability levels, year around, as well as tennis lessons.
Additionally, the facility will include classrooms, exercise space, nursery, bathrooms, kitchen,
bakery, handicap accessible pool, laundry facilities, locker rooms, rock climbing walls, therapy
pools, etc. All facilities will be wheel chair accessible and conducive to the needs of the
visual/hearing impaired, throughout. The space will include pottery wheels and kiln; art lessons;
Brain Gym activity room; art therapy, music therapy, music lessons, sensory therapy room;
wood/furniture working; bakery; leather works; play therapy room; nurse's office;
aerobics/dance/martial arts lessons; game room; language development lab; fine motor skills
lab; assistance for resumes/applications; job exploration with numerous computers/printers;
sand volleyball; trampolines; bike riding area; swings/slides; playground; extensive community
gardens; football/soccer field; baseball/softball fields; basic driving skills with golf carts; and
high/low ROPES course elements. Occupational Therapy, Physical Therapy, and Speech
Therapy will be provided on site, as well as in the area school districts, as needed. Job
coaches and job training will be provided. After school care will be offered in conjunction with
school push notifications for homework, etc. Transition services/access will be provided to
DARS (Department of Assistive & Rehabilitative Services), ARC (Association of Retarded
Citizens) , MHMR (Mental Health and Mental Retardation), Boy's/Girl's Haven, Buckner's
Children's Village clientele, as well as their mainstream peers. Parents and community
members will be able to access services, on site, during the school day, and beyond. Parent
support groups will be provided with a wide range of training topics. The facility will be operated
in an extremely secure fashion, with technology that will preclude registered
felons/pedophiles/etc. from gaining entrance. Additionally, said technology will offer immediate
locations on patrons, within the facility, as well as offer parents the ability to choose what
elements their minor children will engage. Appropriate check in stations will be constructed at
both the car and bus entrances. Awnings will be added to protect the patrons from weather.
Each element, within the facility, will be closely monitored and supervised by trained personnel
for both safety, social skill development, and special education IEP implementation.
Communication with area schools will be fostered, such that the complete growth of students
will be encouraged academically, physically, socially, and emotionally. Students will experience
growth, across the spectrum, with integrated services across the community.
It should be noted that much of what is outlined here will only be possible by having a long term
lease, of at least 20 years, and the entire 9+ acre property. For example, without the sports
fields, leagues for football, soccer, baseball, softball, etc. would not be possible.
Thank you for your time and attention concerning this matter. If I can be of any further
assistance in clarifyipg or addressi g concerns, please do not hesitate to contact me.
Respectfull;arrell,,
Donna M. Ph.D., LSSP, LLC
Licensed Specialist in School Psychology
-
IN
Don't Ride in Someone Else's Boat...
Walk on WaterN
Jehovah fireh Vidage Community Development Center, Inc.
April 1,2013
Chris Boone
City of Beaumont
801 Main Street, 2nd Floor
Beaumont,TX 77701
Dear Mr. Boone:
Jehovah Jireh Village Community Development Center, Inc.,since its inception, has been dedicated to
making our city a better place to live. The L. L. Melton Family Life Center plays a key role in the vibrancy
of community life. It is our fervent desire to keep the L.L. Melton Family Life Center available to
members of the community and to expand the programs available for our citizens.
It is our understanding from the meeting held with Dr. Donna Fargas,City officials and Jehovah Jireh
Village representatives on March 18,2013,that Dr. Fargas' proposal for the L.L. Melton Family Life
Center will achieve our goat for the facility.The proposal will keep the facility available to the
community,expand the programs that can be offered to our citizens,improve the physical facilities,and
help children,to include developmentally challenged youth, in the City of Beaumont and surrounding
areas. Since Dr. Fargas will provide a better mix of programs and the facility will continue to be available
for use for the entire community at a reasonable price,Jehovah Jireh Village enthusiastically supports
her proposal for use of the L.L. Melton Family Life Center. We will cooperatively work to make her
proposal become a reality.We are also amenable to negotiating an early release of our lease of the L.L.
Melton Family Life with the City,if that is necessary to meet established timelines.
Should you have any questions,feel free to contact me at 409-893-1159.
Thank you in advance,
John R.Adol h
p
President
P.O. Box 20214 Beaumont,TX 77720 (409)659-5937 (409)842-5006-FAX ourfaithwalk @yahoo.com