HomeMy WebLinkAboutPACKET AUG 15 2017BEAUMONT
TEXAS
. REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS AUGUST 15, 2017 1:30 P.M.
CONSENT AGENDA
Approval of minutes — August 8, 2017
* Confirmation of committee appointments
A) Approve a resolution authorizing the City Manager to execute and affiliation agreement
with Lamar State College Orange
B) Authorize the City Manager to enter into a contract with Habitat for Humanity of
Jefferson County
C) Authorize the City Manager to pursue funding in the amount of $25,925.75 through the
2017 Helping Heroes Grant
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Sherry Ulmer, Public Health Director
MEETING DATE: August 15, 2017
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute an affiliation agreement with Lamar State College Orange.
BACKGROUND
Lamar State College Orange is requesting an agreement with the City of Beaumont's Emergency
Medical Services Division to provide clinical experience to its students majoring in the Emergency
Medical Services Program.
The responsibilities of Lamar State College Orange will include but not be limited to the
following:
- provision of classroom theory;
- preparation of students assignments;
- continuous communications with Beaumont EMS regarding student performance; and
- supervision of students.
The responsibilities of Beaumont EMS will include but not be limited to the following:
- coordination of the college's assignment schedule;
- assistance in evaluation of each student;
- designation of an individual to serve as liaison with the college;
- provision of reasonable opportunities for students to observe and assist in various aspects of
patient care; and
- ultimate control of responsibility of patient care.
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 Manager be and he is hereby authorized to execute all documents
necessary to enter into an Affiliation Agreement between the City of Beaumont EMS
Division and Lamar State College Orange for clinical experience and educational
purposes under the supervision of the City of Beaumont EMS Division. The Affiliation
Agreement is substantially in the form attached hereto as Exhibit "A" and made a part
hereof for all purposes.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
August, 2017.
- Mayor Becky Ames -
AFFILIATION AGREEMENT
AN AGREEMENT FOR THE USE OF CLINICAL FACILITIES
FOR THE EDUCATION
[$A
EMERGENCY MEDICAL SERVICES CREDIT COURSE STUDENTS
BETWEEN
LAMAR STATE COLLEGE ORANGE
p
CITY OF BEAUMONT EMS
2017-2018
EXHIBIT "A"
I
AFFILIATION AGREEMENT
EMERGENCY MEDICAL SERVICES PROGRAM
The following Affiliation Agreement is entered into between Lamar State College —
Orange, Orange, Texas, for and on behalf of the Emergency Medical Services
Program, hereinafter referred to as "College" and City of Beaumont EMS hereinafter
referred to as "Clinical Affiliate", on behalf of "College" students enrolled in the
Emergency Medical Service Program. It is agree by both parties to be of mutual
interest to give students an opportunity to utilize the EMS Ambulance as a clinical
facility for educational purposes. The "College and "Clinical Affiliate" agree to
accept the responsibilities and duties stated herein.
1. It is mutually agreed by the "Clinical Affiliate" and the "College" that the
educational program and curricula of the Emergency Medical Services
Program is and shall be the responsibility of, and shall be carried out under
the direction of personnel of the "College".
2. It is mutually agreed that clinical experiences and supervision for students
enrolled in the Emergency Medical Services Program will be provided by
------- --- ---- - - --- ---------------
"Clinical Affiliate" while the student is participating in the clinical setting.
3. It is mutually agreed that the "College" will select and assign learning
experiences for students, and will further provide for teaching, evaluation,
overall supervision and record keeping of students. "Clinical Affiliate"
instructors will adhere to policies as agreed upon by the two parties and will
monitor students adherence to policies mutually agreed upon.
4. It is mutually agree that "College" and "Clinical Affiliate" do not, and will
not discriminate against any student, employee or applicant for participation
in the learning experience because of race, religion, sex, color, creed, marital
status, age, or national origin.
5. It is mutually agreed that the period of assignment, and the number and
distribution of students among divisions of the "Clinical Affiliate" will be
determined by representatives of the "College" and "Clinical Affiliate".
6. It is mutually agreed that representatives of the "College" and "Clinical
Affiliate" shall meet regularly to discuss issues of mutual concern, and to
make such suggestions and changes as are need. Both parties will share
information pertinent to the Affiliation Agreement.
II
To carry out these general areas of agreement, the "College" is responsible for and
agrees to:
1. Protect the health and safety of all parties by:
a. Requiring student to obtain professional liability insurance of no less
than $1,000,000 per occurrence and in the aggregate and to provide
"Clinical Affiliate" proof of such insurance.
b. Requiring an annual health and physical examination at no cost to
"Clinical Affiliate".
c. Requiring Compliance with Center for Disease Control, Texas
Department of State Health Services and "Clinical Affiliate" rules as
regarding health, safety, dress and conduct and
d. Providing, or otherwise arranging for, faculty and student orientation to
"Clinical Affiliate", its major policies, rules and regulations.
2. Make arrangements with the Medical Director and specified designates, for
clinical learning experiences need for students prior to each semester, The
"College" representative will provide these parties with:
a. Name(s) of students;
b. Name(s) of faculty;
c. Dates, days, times of clinical learning experience as previously agreed
----------- --- ---- ----------------- ----------------
upon (in I,5).
3. Arrange for clinical personnel to participate in evaluation of student
performance.
4. Make the individual student responsible for equipment damaged or broken
due to the student's negligence.
5. Make the individual student responsible for their own health needs including
emergency care or follow-up in any accidents (i.e. needle sticks) at the clinical
site.
6. Assure that each instructor and student signs an agreement (see Attachment
A, incorporated herein by reference) which states that "Clinical Affiliate" has
the absolute right and responsibility to terminate an individual's clinical
rotation at "Clinical Affiliate" based on attitude and behavior. Such right of
"Clinical Affiliate" is not negotiable or subject to discussion. Withdrawal
from "Clinical Affiliate" of a student or faculty of the "College" may be
requested by "Clinical Affiliate". "Clinical Affiliate" has the right to remove
a student from participation under this agreement with or without cause.
7. Make the following affirmations to ensure Fair Labor Standards Act
requirements are met:
a. The special regulations in the Fair Labor Standards Act covering
"student — learners" enrolled in a bona fide technical program are
applicable to Program students.
b. The "College" is accredited by the Commission on Colleges of the
Southern Association of Colleges and Schools to award associate of
arts, associate of science, associate of applied science degrees and
certificates of completion,
c. No hourly compensation is applicable to the student — learner while in
the Program in the learning experience at "Clinical Affiliates" site.
_student is�o�considered an employee_ of "Clinical Affiliate" and not
eligible for Workers Compensation.
8. Assure confidentiality of patients and "Clinical Affiliate" matters by:
a. Instructing faculty and students to maintain the confidentiality of
patient and "Clinical Affiliate" information and records.
b. Assuring each student and faculty member execute a confidentiality
agreement (Attachment A, incorporated herein by reference) before
beginning rotation at "Clinical Affiliation"
c. Agreeing that any breach of confidentiality will result in the immediate
expulsion from "Clinical Affiliate" of the person(s) responsible for the
breach and may result in termination of the entire affiliation.
M
The "Clinical Affiliate" is responsible for, and agrees to"
1. Permit the use of clinical facilities by students enrolled in the Emergency
Medical Services Program for the purpose of clinical education.
2. Maintain approval by the appropriate state and/or properly designated
accrediting body, and inform the "College" of any changes in that approval.
3. Inform the "College" and participate in joint planning, prior to accepting
Emergency Medical Services students from any other institutions.
4. Provide to the extent possible, conference rooms for student counseling, and
locker rooms or other secure space for student to store coats, books, etc, while
on duty.
5. Allow student and faculty access to, and use of, facilities maintained by the
"Clinical Affiliate" following specific policies, fees or charges, such as
Library or Cafeteria.
6. Charge no fees for clinical experience.
7. Collaborate with Emergency Medical Services educators to influence
curricula, including clinical and/or managerial learning experiences, when
"Clinical Affiliate" provides clinical facilities for the Emergency Medical
Services education program.
8. Assist in evaluating student performance.
IV
TERMS OF AGREEMENT:
Only insofar as it is authorized by law to do so, the "college" agrees to hold the "Clinical
Affiliate" harmless from any and all liability for personal injury including injury resulting
in death, or damage to property, or both, resulting directly or indirectly from the use by the
college of the "Clinical Affiliate's" clinical facility.
Nothing in the Affiliation Agreement is to be construed as transferring financial
responsibility from one party to another.
The terms of the Agreement may be modified upon mutual consent of the parties.
Plans to initiate termination of the Agreement may be instituted by either party upon no
less than 6 months within notice by mail. The plans for termination must include specific
procedures to assure that there will be no adverse effect to the rights and privileges of
students actually enrolled in the program as long as they are making normal progress
toward completion.
Annual review of the Agreement will be made
FOR THE COLLEGE:
LSC -O President
Director of Allied Hea t
Emergency Medical Services
Program Course Coordinator
FOR THE CLINICAL AFFILIATE:
City Manager
City of Beaumont
Date Completed Date Comp ete
ATTACHMENT A
Lamar State College Orange EMS Program
Student, Contracted andAgency Personnel Confidentiality Statement
In consideration of the Beaumont EMS agreeing to provide certain confidential information to
Lamar State College Orange EMS Program students, Said student(s) provided with confidential
information agree to abide by the terms of this statement.
A. Patient care information, whether in written, oral, or electronic computer system form, may be
accessed only by Beaumont EMS employees or contracted personnel who need that
information to perform their job or contractual responsibilities. Patient Care information
may only be released to individuals outside the health system by authorized Beaumont
EMS employees.
B. I understand that this information belongs to the patient and I am only the caretaker and must
guard the information appropriately. This includes, but is not limited to, keeping patient
information secure, private, and out of public viewing, protecting computerized data by
logging off when leaving a work station, and keeping information secure by not discussing
patient issues in public areas such as elevators, etc.
C. Contracted personnel / students may only access data necessary to perform their contracted
responsibilities. Contracted personnel / students agree not to disclose, communicate or use
any patient care information in any manner whatsoever other than in the provision of
contracted services and, even within the scope of those services, must limit dissemination to
those who have signed confidentiality agreements and have a need to know.
D. Contracted personnel / students agree not to copy or download this confidential information.
If for some reason confidential information must be copied, the contracted personnel / student
must obtain permission from Beaumont EMS facility and must return such information to
Beaumont EMS' facility immediately after completion of that particular activity.
E. The confidentiality of this information survives the termination of your privileges and
contracted personnel / student status,
F. I understand that if I do not keep patient information confidential, or if I allow or participate
in the inappropriate dissemination of or access to patient care information, my employer will
to
G. Contracted personnel / student agree to comply with all state and federal laws applicable to
the use of this confidential patient information.
My signature attest to the fact that I have read, understand and agree to abide by the terms of this statement
and the Beaumont EMS' policies on confidentiality of patient care information (HIPAA Policy
Manual)
Name: Contracting company:
Signature: Date:
1�3
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Planning & Community Development Director
MEETING DATE: August 15, 2017
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to enter
into a contract with Habitat for Humanity of Jefferson County.
The City of Beaumont receives an annual allocation of Community Development Block Grant
(CDBG) funds from the U.S. Department of Housing and Urban Development (HUD). Federal
regulations allow these funds to be used for a variety of efforts to assist in the stabilization and
redevelopment of the community. Habitat for Humanity of Jefferson County is seeking to partner
with the City to assist in this effort. Specifically, the proposed partnership would assist
low -to -moderate income families with the repair of their homes.
As most are aware Habitat typically is involved in the construction of new single-family homes,
utilizing the labor of its volunteers as well as the sweat equity of the family that will own the home.
However, Habitat and the City recognize that a widespread need exists not only for new homes,
but for minor repair projects for existing homes, allowing families to remain in an affordable
housing situation. Habitat would utilize $92,488 in CDBG funding to assist in these efforts.
Repairs would include such projects as new roofs, accessibility ramps, painting and, interior and
exterior minor repairs. If the partnership proves successful, we would seek to expand the contract
amount in future years.
FUNDING SOURCE
2014, 2015 and 2016 CDBG Program Years.
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 Grant Agreement
with Habitat for Humanity of Jefferson County for Community Development Block Grant
(CDBG) funds through the Department of Housing and Urban Development (HUD) in
the amount of $92,488 for minor repair for homes of low/moderate income families. The
agreement is substantially in the form attached hereto as Exhibit "A" and made a part
hereof for all purposes.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
August, 2017.
- Mayor Becky Ames -
TEXAS
City of Beaumont
Consolidated Grant Program
GRANT AGREEMENT
This Grant Agreement is made by and entered into between the City of Beaumont, Texas,
hereinafter referred to as CITY, and Habitat for Humanity hereinafter referred to as
SUBRECIPIENT, pursuant to the authority of Resolution 17- , passed by the Beaumont City
Council on August , 2017. This assistance will be funded in whole by the U. S: Department
of Housing and Urban Development, Community Development Block Grant Program
B -14 -MC -48-0003, B -15 -MC -48-0003 and B -16 -MC -48-0003.
WHEREAS, CITY has received funds from the U. S. Department of Housing and Urban
Development under Title I of the Housing and Community Development Act of 1974, as amended;
and
WHEREAS, CITY has adopted a budget for such funds and included therein an authorized budget
for expenditure of funds for; and
WHEREAS, CITY has designated the Department of Community Development Block Grants
Administration responsible for the administration of this Agreement and all matters pertaining
thereto; and
WHEREAS, CITY wishes to engage SUBRECIPIENT to carry out such project;
NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to the
mutual obligations and to the performance and accomplishment of the conditions hereinafter
described.
1. TERM
Subject to the provisions of this Grant Agreement, the CITY will make funding assistance
available to SUBRECIPIENT upon execution of the Grant Agreement by both parties. The grant
period will extend from August 1, 2017 through July 30, 2018 unless sooner terminated in
accordance- with Section 25, Termination.
2. RESPONSIBILITIES
SUBRECIPIENT hereby accepts the responsibility for the performance of all services and
activities described in the Statement of Work attached hereto as Exhibit A, and incorporated
herein by reference, in a satisfactory and efficient manner as determined by CITY, in accordance
with the terms herein. CITY will consider SUBRECIPIENT'S Executive Officer to be
SUBRECIPIENT'S representative responsible for the management of all contractual matters
pertaining hereto, unless written notification to the contrary is received from SUBRECIPIENT,
and approved by CITY.
EXHIBIT "A"
The CITY'S CDBG Manager will be CITY'S representative responsible for the administration
of this Agreement.
Beneficiaries of the activities to be provided hereunder must reside in the City of
Beaumont and SUBRECIPIENT certifies that the activities carried out with Community
Development Block Grant funds under 24 CFR Part 570 (as now in effect and as may be
amended from time to time), herein attached as Exhibit B, and incorporated herein by reference,
shall meet the program's National Objective of benefit to low and moderate income persons.
SUBRECIPIENT shall provide services to persons of whom at least 51% have low to
moderate income, income that is equal to or lower than 80% of the median income of the
Beaumont standard metropolitan statistical area. To accomplish this, the SUBRECIPIENT
shall use the current applicable income limits published by the U. S. Department of Housing and
Urban Development for lower income housing assistance under Section 8 of the United
States Housing Act of 1937 herein attached as Exhibit C. Income eligibility shall be
determined by the sum of the gross income of all individuals residing in the household. Services
must be provided directly to or on behalf of specific identified eligible clients.
3. CITY'S OBLIGATION
A. Limit of Liability. CITY will reimburse SUBRECIPIENT for expenses incurred
pursuant and in accordance with the project budget attached hereto as Exhibit D and the
Statement of Work herein attached as Exhibit A and incorporated herein by reference.
Notwithstanding any other provision of the Agreement, the total of all payments and other
obligations made or incurred by CITY hereunder shall not exceed the sum of $92,488.00.
B. Measure of Liability. In consideration of full and satisfactory services and activities
hereunder by SUBRECIPIENT and receipt of a request for payment with appropriate
documentation of expenditures, CITY shall make payments to SUBRECIPIENT based
on the Project Budget attached hereto and incorporated herein for all purposes as Exhibit
D, subject to the limitations and provisions set forth in this Section and Section 7 of this
Agreement. Payments may be contingent upon certification of the SUBRECIPIENT'S
financial management system in accordance with the standards specified in OMB
Circular A-110, attached hereto as Exhibit E and incorporated herein by reference.
The parties expressly understand and agree that the CITY'S obligations under this
Section are contingent upon the actual receipt of adequate Community
Development Block Grant (CDBG) funds to meet CITY'S liabilities under this
Agreement. If adequate funds are not available to make payments under this
Agreement, CITY shall notify SUBRECIPIENT in writing within a reasonable
time after such fact has been determined. CITY may, at its option, either reduce
the amount of its liability, as specified in Subsection A of this Section or terminate
the Agreement. If CDBG funds eligible for use for purposes of this Agreement
are reduced, CITY shall not be liable for further payments due to
SUBRECIPIENT under this Agreement
2. It is expressly understood that this Agreement in no way obligates the General
Fund or any other monies or credits of the City of Beaumont.
3. CITY shall not be liable for any cost or portion thereof which:
(a) has been paid, reimbursed or is subject to payment or reimbursement, from
any other source;
(b) was incurred prior to the beginning date, or, without prior approval from
CITY, after the ending date specified in Section 1;
(c) is not in strict accordance with the terms of this Agreement, including all
exhibits attached hereto;
(d) reimbursement from CITY has not been requested within 90 calendar days
following billing to SUBRECIPIENT, or termination of the Agreement,
whichever date is earlier; or
(e) is not an allowable cost as defined by Section 10 of this Agreement or the
project budget.
4. CITY shall not be liable for any cost or portion thereof which is incurred with
respect to any activity of SUBRECIPIENT requiring prior written authorization
from CITY, or after CITY has requested that SUBRECIPIENT furnish data
concerning such action prior to proceeding further, unless and until CITY advises
SUBRECIPIENT to proceed.
5. CITY shall not be obligated or liable under this Agreement to any party other than
SUBRECIPIENT for payment of any monies or provision of any goods or
services.
4. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
A. SUBRECIPIENT understands that funds provided pursuant to this Agreement are funds
which have been made available to CITY by the Federal Government (U.S. Department of
Housing and Urban Development) under the Housing and Community Development Act
of 1974, as amended, in accordance with an approved Grant Application and specific
assurances. Accordingly, SUBRECIPIENT assures and certifies that it will comply with
the requirements of the Housing and Community Development Act of 1974 (P.L. 93-383)
as amended and with regulations promulgated thereunder, and codified at 24 CFR 570,
Exhibit B. The foregoing is in no way meant to constitute a complete compilation of all
duties imposed upon SUBRECIPIENT by law or administrative ruling, or to narrow the
standards which SUBRECIPIENT must follow.
SUBRECIPIENT further assures and certifies that if the regulations and issuances
promulgated pursuant to the Act are amended or revised, it shall comply with them, or
notify CITY, as provided in Section 23 of this Agreement.
SUBRECIPIENT agrees to abide by the conditions of and comply with the requirements
of the Office of Management and Budget Circulars Nos. A-110, A-122, A-87 and A-133 as
applicable.
B. SUBRECIPIENT shall comply with all applicable federal laws, laws of the State of
Texas, ordinances of the City of Beaumont and local program requirements.
C. SUBRECIPIENT is required to comply with the applicable uniform administrative
requirements as described in 24 CFR 570.502 and 24 CFR 570 subpart K with the
exceptions noted below:
SUBRECIPIENT does not assume CITY'S environmental responsibilities
described at CFR 570.604; and
2. SUBRECIPIENT does not assume the CITY'S responsibility for initiating the
review process under the provisions of 24 CFR Part 52.
S. REPRESENTATIONS
A. SUBRECIPIENT assures and guarantees that it possesses the legal authority, pursuant to
any proper, appropriate and official motion, resolution or action passed or taken, to enter
into this Agreement.
B. The person or persons signing and executing this Agreement on behalf of
SUBRECIPIENT, does hereby warrant and guarantee that he, she, or they have been fully
authorized by SUBRECIPIENT to execute this Agreement on behalf of
SUBRECIPIENT and to validly and legally bind SUBRECIPIENT to all terms,
performances and provisions herein set forth.
C. CITY shall have the right, at its option, to either temporarily suspend or permanently
terminate this Agreement if there is a dispute as to the legal authority of either
SUBRECIPIENT or the person signing the Agreement to enter into this Agreement.
SUBRECIPIENT is liable to CITY for any money it has received from CITY for
performance of the provisions of this agreement if CITY has suspended or terminated this
Agreement for the reasons enumerated in this Section.
D. SUBRECIPIENT agrees that the funds and resources provided SUBRECIPIENT under
the terms of this Agreement will in no way be substituted for funds and resources from
other sources, nor in any way serve to reduce the resources, services, or other benefits
which would have been available to, or provided through, SUBRECIPIENT had this
Agreement not been executed.
6. PERFORMANCE BY SUBRECIPIENT
SUBRECIPIENT will provide, oversee, administer, and carry out all of the activities and
services set out in the Statement of Work, attached hereto and incorporated herein for all
purposes as Exhibit A, utilizing the funds described in the Project Budget, Exhibit D, attached
hereto and incorporated herein for all purposes and deemed by both parties to be necessary and
sufficient payment for full and satisfactory performance of the program, as determined solely by-
CITY
yCITY and in accordancewith all other terms, provisions and requirements of this Agreement.
No modifications or alterations may be made in the Statement of Work without the prior
written approval of the City's Community Development Grants Administrator.
7. PAYMENTS TO SUBRECIPIENT
A. Payments to SUBRECIPIENT. The CITY shall pay to the SUBRECIPIENT a
maximum amount of money totaling $92,488.00 for services rendered under this
Agreement. CITY will pay these funds on a reimbursement basis to the
SUBRECIPIENT within thirty days after CITY has received approved supporting
documentation of eligible expenditures. SUBRECIPIENT'S failure to request
reimbursement on a timely basis may jeopardize present or future funding.
Funds are to be used for the sole purpose of providing services described in the Statement
of Work herein attached as Exhibit A and based on the Project Budget herein attached
as Exhibit D.
B. Excess Payment. SUBRECIPIENT shall refund to CITY within ten working days of
CITY'S request, any sum of money which has been paid by CITY and which CITY at
any time thereafter determines:
has resulted in overpayment to SUBRECIPIENT; or
2. has not been spent strictly in accordance with the terms of this Agreement; or
3. is not supported by adequate documentation to fully justify the expenditure.
C. Disallowed Costs: Upon termination of this Agreement, should any expense or change for
which payment has been made be subsequently disallowed or disapproved as a result of
any auditing or monitoring by CITY, the U. S. Department of Housing and Urban
Development, or any other Federal agency, -SUBRECIPIENT will refund such amount to
CITY within ten working days of a written notice to SUBRECIPIENT, which specifies
the amount disallowed. Refunds of disallowed costs may not be made from these or any
funds received from or through CITY.
D. Reversion of Assets. Upon expiration of this Agreement, SUBRECIPIENT shall transfer
to the CITY any CDBG funds on hand at the time of expiration and any accounts
receivable attributable to the use of CDBG fiends. If CITY finds that SUBRECIPIENT
is unwilling and/or unable to comply with any of the terms of this Contract, CITY may
require a refund of any and all money expended pursuant to this Contract by
SUBRECIPIENT, as well as any remaining unexpended funds which shall be refunded to
CITY within ten working days of written notice to SUBRECIPIENT to revert these
financial assets. The revision of these financial assets shall be in addition to any other
remedy available to CITY either at law or in equity for breach of this Contract.
SUBRECIPIENT represents and warrants that:
A. All information, reports and data heretofore or hereafter requested by CITY and furnished
to CITY, are complete and accurate as of the date shown on the information, data, or
report, and, since that date, have not undergone any significant change without written
notice to CITY.
B. Any supporting financial statements heretofore requested by CITY and furnished to
CITY, are complete, accurate and fairly reflect the financial condition of
SUBRECIPIENT on the date shown on said report, and the results of the operation for the
period covered by the report, and that since said date, there has been no material change,
adverse or otherwise, in the financial condition of SUBRECIPIENT.
C. No litigation or legal proceedings are presently pending or threatened against
SUBRECIPIENT. `
D. None of the provisions herein contravene or are in conflict with the authority under which
SUBRECIPIENT is, doing business or with the provisions of any existing indenture or
agreement of SUBRECIPIENT.
E. SUBRECIPIENT has the power to enter into this Agreement and accept payments
hereunder, and has taken all necessary action to authorize such acceptance under the terms
and conditions of this Agreement.
F. None of the assets of SUBRECIPIENT are subject to any lien or encumbrance of any
character, except for current taxes not delinquent, except as shown in the financial
statements furnished by SUBRECIPIENT to CITY.
G. Each of these representations and warranties shall be continuing and shall be deemed to
have been repeated by the submission of each request for payment.
9. COVENANTS
A. During the period of time that payment may be made hereunder and so long as any
payments remain unliquidated, SUBRECIPIENT shall not, without the prior written
consent of the Community Development Administrator or his authorized representative:
Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the
assets of SUBRECIPIENT now owned or hereafter acquired by it, or permit any
pre-existing mortgages, liens, or other encumbrances to remain on, or attached to
any assets of SUBRECIPIENT which are allocated to the performance of this
Agreement and with respect to which CITY has ownership hereunder.
2. Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or
claims for money due or to become due.
3. Sell, convey, or lease all or substantial part of its assets.
4. Make any advance or loan to, or incur any liability for any other firm, person, entity
or corporation as guarantor, surety, or accommodation endorser.
5. Sell, donate; loan or transfer any equipment or item of personal property purchased
with funds paid to SUBRECIPIENT by CITY, unless CITY authorizes such
transfer.
B. SUBRECIPIENT agrees, upon written request by CITY, to require its employees to
attend training sessions sponsored by the Community Development Division.
10. ALLOWABLE COSTS
A. Costs shall be considered allowable only if incurred directly and specifically in the
performance of and in compliance with this Agreement and in conformance with the
standards and provisions of Exhibits A and D.
B. Approval of SUBRECIPIENT'S project budget, Exhibit D, does not constitute prior
written approval, even though certain items may appear herein. CITY'S prior written
authorization is required in order for the following to be considered allowable costs:
CITY shall not be obligated to any third parties, including any subrecipients of
SUBRECIPIENT, and CITY funds shall not be used to pay for any contract
service extending beyond the expiration of this Agreement.
2. Out of town travel.
3. Any alterations or relocation of the facilities on and in which the activities specified
in Exhibit A are conducted.
4. Any alterations, deletions or additions to the Personnel Schedule incorporated in
Exhibit D.
5. Costs or fees for temporary employees or services.
6. Any fees or payments for consultant services.
7. Fees for attending out of town meetings, seminars or conferences.
Written requests for prior approval are SUBRECIPIENT'S responsibility and shall be
made within sufficient time to permit a thorough review by CITY. SUBRECIPIENT
must obtain written approval by CITY prior to the commencement of procedures to solicit
or purchase services, equipment, or real or personal property. Any procurement or
purchase which may be approved under the terms of this Agreement must be conducted in
its entirety in accordance with the provisions of this Agreement.
C. Equipment purchased by SUBRECIPIENT will be affixed with an asset tag by a
Community Development representative and will remain in inventory for a period of five
(5) years. During inventory period the equipment, belonging to the Department of
Housing and Urban Development is to be used to carry out the proposed activities
described in the Statement of Work, Attachment A, and as such may not be sold, donated,
or destroyed. After the inventory period, ownership of the equipment will revert to the
SUBRECIPIENT with all rights thereof.
11. PROGRAM INCOME
A. For purposes of this Agreement, program income means earnings of SUBRECIPIENT
realized from activities resulting from this Agreement or from SUBRECIPIENT'S
management of funding provided or received hereunder. Such earnings include, but are
not limited to, income from interest, usage of rental or lease fees, income produced from
contract -supported services of individuals or employees or from the use or sale of
equipment or facilities of SUBRECIPIENT provided as a result of this Agreement, and
payments from clients or third parties for services rendered by SUBRECIPIENT under
this Agreement.
B. SUBRECIPIENT shall maintain records of the receipt and disposition of program income
in the same manner as required for other contract funds, and reported to CITY in the
format prescribed by CITY. CITY and SUBRECIPIENT agree, that any fees collected
for services performed by SUBRECIPIENT shall be used for payment of costs associated
with service provision. Revenue remaining after payment of all program expenses for
service provision shall be considered Program Income and shall be subject to all the
requirements of this Agreement and the regulations found at CFR 24, Section 570.504.
C. SUBRECIPIENT shall include this Section in its entirety in all of its sub -contracts which
involve other income producing services or activities.
D. It is SUBRECIPIENT'S responsibility to obtain from CITY a prior determination as to
whether or not income arising directly or indirectly from this Agreement, or the
performance thereof, constitutes program income. SUBRECIPIENT is responsible to
CITY for the repayment of any and all amounts determined by CITY to be program
income, unless otherwise approved in writing by CITY.
12. MAINTENANCE OF RECORDS
A. SUBRECIPIENT agrees to maintain records that will provide accurate, current, separate,
and complete disclosure of the status of funds received under this Agreement, in
compliance with the provisions of Exhibit D, attached hereto, and with any other
applicable Federal and State regulations establishing standards for financial management
including OMB circulars A-87, A-110, A-122 and A-133 as applicable; Title 24 CFR
Section 570.502 (b); Title 24 CFR Sections 570.504 and 570.506 as they pertain to costs
incurred, audits, program income, administration and other activities and functions.
SUBRECIPIENT'S record system shall contain sufficient documentation to provide in
detail full support and justification for each expenditure. Nothing in this Section shall be
construed to relieve SUBRECIPIENT of fiscal accountability and liability under any
other provision of this Agreement or any applicable law. SUBRECIPIENT shall include
the substance of this provision in all subcontracts.
B. SUBRECIPIENT agrees to retain all books, records, documents, reports and written
accounting procedures pertaining to the operation of programs and expenditures of funds
under this Agreement for five years after all funds have been expended.
C. Nothing in the above subsections shall be construed to relieve SUBRECIPIENT of
responsibility for retaining accurate and current records which clearly reflect the level and
benefit of services provided under this Agreement.
D. At any reasonable time and as often as CITY may deem necessary the SUBRECIPIENT
shall make available to CITY, the U. S. Department of Housing and Urban Development,
or any of their authorized representatives, all of its records and shall permit CITY, the U.
S. Department of Housing and Urban Development, or any of their authorized
representatives to audit, examine, make excerpts and copies of such records, and to
conduct audits of all contracts, invoices, materials, payrolls, records of personnel,
conditions or employment and all other data requested by said representatives.
13. REPORTS AND INFORMATION
At such times and in such form as CITY may require. SUBRECIPIENT shall furnish such
statements., records, data and information as CITY may request and deem pertinent to matters
covered by this Agreement.
SUBRECIPIENT shall submit beneficiary and financial reports to the CITY, as
requested, at least once and not to exceed quarterly during the program year. The beneficiary
report shall detail client information, including race, income, female head of household and other
statistics required by the CITY. The financial report shall include information and data relative
to all programmatic and financial reporting as of the beginning date specified in Section 1 of this
Agreement. Beneficiary and financial reports shall be due to CITY within 15 working days after
request by CITY.
Unless the CITY has granted a written exemption, SUBRECIPIENT shall submit a copy
of any audit conducted by independent examiners in accordance with Generally Accepted
Accounting Principles. If the SUBRECIPIENT receives more than $500,000 in federal funding,
the audit must be conducted in accordance with OMB Circular A-133 as applicable.
14. MONITORING AND EVALUATION
A. CITY shall perform on-site monitoring of SUBRECIPIENT'S performance under this
Agreement.
B. SUBRECIPIENT agrees that the CITY may carry out monitoring and evaluation
activities to ensure adherence by SUBRECIPIENT to the Statement of Work attached
hereto as Exhibit A, as well as other provisions of this Agreement.
C. SUBRECIPIENT agrees to cooperate fully with the CITY in the development,
implementation and maintenance of record-keeping systems and to provide data
determined by the CITY to be necessary for the CITY to effectively fulfill its monitoring
and evaluation responsibilities.
D. SUBRECIPIENT agrees to cooperate in such a way so as not to obstruct or delay the
CITY in such monitoring and to designate one of its staff to coordinate the monitoring
process as requested by CITY staff.
E. After each official monitoring visit, the CITY shall provide the SUBRECIPIENT with a
written report of monitoring findings documenting findings and concerns that will require a
written response to the CITY. An acceptable response must be received by the CITY
within sixty (60) days from the SUBRECIPIENT'S receipt of the monitoring report or
audit review letter. Future contract payments can be withheld for the
SUBRECIPIENT'S failure to submit a response within sixty (60) days.
F. The SUBRECIPIENT shall submit copies of any fiscal, management, or audit reports by
any of the SUBRECIPIENT'S funding or regulatory bodies to the CITY within five
working days of receipt by the SUBRECIPIENT.
15. DIRECTOR'S MEETINGS
During the terms of this Agreement, at the request of the CITY, SUBRECIPIENT shall
cause to be delivered to the CITY copies of all notices of meetings of its Board of Directors,
setting forth the time and place thereof. Such notices, if so requested, shall be delivered to the
CITY in a timely manner to give adequate notice, and shall include an agenda and a brief
description of the matters to be discussed. SUBRECIPIENT understands and agrees that CITY
representatives shall be afforded access to all of the Board of Directors meetings.
Minutes of all meetings of the SUBRECIPIENT'S governing body shall be available, and
upon request, be provided to the CITY within ten days after Board approval.
16. INSURANCE
A. SUBRECIPIENT shall observe sound business practices with respect to providing such
bonding and insurance as would provide adequate coverage for services offered under this
Agreement.
B. The premises on and in which the activities described in Exhibit A are conducted, and
the employees conducting these activities, shall be covered by liability insurance,
commonly referred to as Owner/Tenant coverage with the CITY named as additional
insured. Upon request of the SUBRECIPIENT, the CITY may, at its sole discretion,
approve alternate insurance coverage arrangements.
C. SUBRECIPIENT will comply with applicable workers compensation statues and will
obtain employers liability coverage where available and other appropriate liability
coverage for program participants, if applicable.
D. SUBRECIPIENT will maintain adequate and continuous liability insurance on all
vehicles owned, leased or operated by SUBRECIPIENT. All employees of
SUBRECIPIENT who are required to drive a vehicle in the normal scope and course of
their employment must possess a valid Texas driver's license and automobile liability
insurance. Evidence of the employee's valid Texas driver's license and automobile
liability insurance. Evidence of the employee's current possession of a valid license and
insurance must be maintained on a current basis in SUBRECIPIENT'S files.
E. Actual losses not covered by insurance as required by this Section are not allowable under
this Agreement, and remain the sole responsibility of the SUBRECIPIENT.
F. The policy or policies of insurance shall contain a clause which requires that the CITY and
the SUBRECIPIENT be notified in writing of any cancellation or change in policy at least
thirty (30) days prior to such change or cancellation.
17. CIVIL, RIGHTS/EQUAL OPPORTUNITY
A. SUBRECIPIENT shall comply with all applicable equal opportunity and affirmative
action laws or regulations. The SUBRECIPIENT shall not discriminate against any
employee or applicant for employment because of race, color, creed, religion, national
origin, gender, age or disability. The SUBRECIPIENT will take affirmative action to
insure that all employment practices are free from such discrimination. Such employment
practices include but are not limited to the following: hiring, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of
compensation and selection for training, including apprenticeship.
B. The SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964 as
amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and
Section 109 of Title I of the Housing and Community Development Act of 1974 as
amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities
Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063 and Executive
Order 11246 as amended by Executive Orders 11375 and 12086.
C. SUBRECIPIENT will furnish all information and reports requested by the CITY, and
will permit access to its books, records, and accounts for purposes of investigation to
ascertain compliance with local, state and Federal rules and regulations.
D. In the event of SUBRECIPIENT'S non-compliance with the non-discrimination
requirements, the CITY may cancel or terminate this Agreement in whole or in part, and
SUBRECIPIENT may be barred from.farther contracts with the CITY.
18. PERSONNEL POLICIES
Personnel policies shall be established by the SUBRECIPIENT and shall be available for
examination. Such personnel policies shall:
A. Be in writing and shall be approved by the governing body of the SUBRECIPIENT and
the CITY.
19. CONFLICT OF INTEREST
A. SUBRECIPIENT covenants that neither it nor any member of its governing body
presently has any interest, direct or indirect, which would conflict in any manner or degree
with the performance of services required to be performed under this Agreement.
SUBRECIPIENT fiu-ther covenants that in the performance of this Agreement, no person
having such interest shall be employed or appointed as a member of its governing body.
B. SUBRECIPIENT further covenants that no member of its governing body or its staff,
sub -recipients or employees shall possess any interest in or use his position for a purpose
that is or gives the appearance of being motivated by desire for private gain for himself or
others particularly those with which he has family, business, or other ties.
C. No officer, member, or employee of the CITY and no member of its governing body who
exercises any function or responsibilities in the review or approval of the undertaking or
carrying out of this Agreement shall participate in any decision relating to the Agreement
which affects his or her personal interest or the interest in any corporations, partnership, or
association in which he or she has a direct or indirect interest.
20. NEPOTISM
SUBRECIPIENT shall not employ in any paid capacity any person who is a member of
the immediate family of any person who is currently employed by SUBRECIPIENT, or is a
member of SUBRECIPIENT'S governing board. The term member of immediate family
includes wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew,
niece, step parent, step -child, half-brother and half-sister.
21. POLITICAL OR SECTARIAN ACTIVITY
A. Neither the funds advanced pursuant to this Agreement, nor any personnel which may be
employed by the SUBRECIPIENT with funds advanced pursuant to this Agreement shall
be in any way or to any extent engaged in any'conduct or political activity in contravention
of Chapter 15 of Title 5 of the United States Code.
B. The SUBRECIPIENT agrees that none of the funds or services provided directly or
indirectly under this Agreement shall be used for any partisan political activity or to further
the election or defeat of any candidate for public office, or for publicity, lobbying and/or
propaganda purposes designed to support or defeat pending legislation. Employees of the
SUBRECIPIENT connected with any activity that is funded in whole or in part by funds
provided to SUBRECIPIENT under this Agreement may not under the term of this
Agreement:
Use their official position or influence to affect the outcome of an election or
nomination.
2. Solicit contributions for political purposes; or
Take an active part in political management or in political campaigns.
SUBRECIPIENT hereby agrees to sign a Certification Regarding Lobbying included herein
as Exhibit F and if necessary, the Disclosure of Lobbying Activities provided by the CITY.
22. PUBLICITY
A. Where such action is appropriate, SUBRECIPIENT shall publicize the activities
conducted by SUBRECIPIENT under this Agreement. In any news release, sign,
brochure, or other advertising medium, disseminating information prepared or distributed
by or for SUBRECIPIENT, the advertising medium shall state that the U. S. Department
of Housing and Urban Development's Community Development Block Grant Program
funding through the City of Beaumont has made the project possible. `
B. All published material and written reports submitted under this project must be originally
developed material unless otherwise specifically provided in this Agreement. When
material not originally developed is included in a report, the report shall identify the source
in the body of the report or by footnote. This provision is applicable when the material is
in a verbatim or extensive paraphrase format.
All published material submitted under this project shall include the following reference on
the front cover or title page:
This document is prepared in accordance with the City of
Beaumont's Community Development Block Grant Program, with
funding received from the United States Department of Housing and
Urban Development.
C. All reports, documents, studies, charts, schedules or other appended documentation to any
proposal, content of basic proposal, or contracts and any responses, inquires,
correspondence and related material submitted by SUBRECIPIENT.
23. CHANGES AND AMENDMENTS
A. Any alterations, additions or deletions to the terms of this Agreement shall be by written
amendment executed by both parties, except when the terms of this Agreement expressly
provide that another method shall be used.
B. SUBRECIPIENT may not make transfers between or among approved line items within
project budget categories set forth in Exhibit D without prior written approval of CITY.
SUBRECIPIENT shall request, in writing, the budget revision in a form prescribed by
CITY, and such request for revision shall not increase the total monetary obligation of
CITY under this Agreement. In addition, budget revisions cannot significantly change
the nature, intent or scope of the program funded under this Agreement.
C. SUBRECIPIENT will submit revised budget and program information, whenever the
level of funding for SUBRECIPIENT or the program(s) described herein is altered
according to the total levels contained in any portion of.Exhibit D.
D. It is understood and agreed by the parties hereto that changes in the State, Federal or local
- laws or regulations pursuant hereto may occur during the term of this Agreement. Any
such modifications are to be automatically incorporated into this Agreement without
written amendment hereto, and shall become a part of the Agreement on the effective date
specified by the law or regulation.
E. CITY may, from time to time during the term of the Agreement, request changes in
Exhibit A, which may include an increase or decrease in the amount of
SUBRECIPIENT'S compensation. Such changes shall be incorporated in a written
amendment hereto, as provided in Subsection A of this Section.
F. Any alterations, deletion, or additions to the Contact Budget Detail incorporated in
Exhibit D shall require the prior written approval of CITY.
G. SUBRECIPIENT agrees to notify CITY of any proposed change in physical location for
work performed under this Agreement at least thirty (30) calendar days in advance of the
change.
H. SUBRECIPIENT shall notify CITY of any changes in personnel or governing board
composition.
24. SUSPENSION OF FUNDING
Upon determination by CITY of SUBRECIPIENT'S failure to timely and properly perform each
of the requirements, time conditions and duties provided herein, the CITY, without limiting any
rights it may otherwise have, may, at its discretion, and upon ten working days written notice to
SUBRECIPIENT, withhold further payments to SUBRECIPIENT. Such notice may be given
by mail to the Executive Officer and the Board of Directors of SUBRECIPIENT. The notice
shall set forth the default or failure alleged, and the action required for cure.
The period of such suspension shall be of such duration as is appropriate to accomplish corrective
action, but in no event shall it exceed thirty (30) calendar days. At the end of the suspension
period, if CITY determines the default or deficiency has been satisfied, SUBRECIPIENT may
be restored to full compliance status and paid all eligible funds withheld or impounded during the
suspension period. If however, CITY determines that SUBRECIPIENT has not come into
compliance, the provisions of Section 25 may be effectuated.
25. TERMINATION
A. CITY may terminate this Agreement for cause under any of the following reasons or for
other reasons not specifically enumerated in this paragraph.
1. SUBRECIPIENT'S failure to attain compliance during any prescribed period of
suspension as provided in Section 24.
2. SUBRECIPIENT'S failure to materially comply with any of the terms of this
Agreement.
3. SUBRECIPIENT'S violation of covenants, agreements or guarantees of this
Agreement.
4. Termination or reduction .of funding by the United States Department of Housing
and Urban Development.
5. Finding by the CITY that SUBRECIPIENT
a. Is in such unsatisfactory financial condition as to endanger performance
under this Agreement.
b. has allocated inventory to this Agreement substantially exceeding
reasonable requirements;
C. is delinquent in payment of taxes, or of costs of performance of this
Agreement in the ordinary course of business.
6. Appointment of a trustee, receiver or liquidator for all or substantial part of
SUBRECIPIENT'S property, or institution of bankruptcy, reorganization,
rearrangement of or liquidation proceedings by or against SUBRECIPIENT.
7. SUBRECIPIENT'S inability to conform to changes required by Federal, State and
local laws or regulations as provided in Section 4, and Section 23 (D), of this
Agreement.
8. The commission of an act of bankruptcy.
9. SUBRECIPIENT'S violation of any law or regulation to which
SUBRECIPIENT is bound or shall be bound under the terms of the Agreement.
A. CITY shall promptly notify SUBRECIPIENT in writing of the decision to terminate and
the effective date of termination. Simultaneous notice of pending termination maybe
made to other funding sources specified in Exhibit D.
B. CITY may terminate this Agreement for convenience at any time. If CITY terminates
the Agreement for convenience, SUBRECIPIENT will be paid an amount not to exceed
the total of accrued expenditures as of the effective date of termination. In no event will
this compensation exceed an amount which bears the same ratio to the total compensation
as the services actually performed bears to the total services of SUBRECIPEINT covered
by the Agreement, less payments previously made.
C. SUBRECIPIENT may terminate this Agreement in whole or in part by written notice to
CITY, if a termination of outside funding occurs upon which SUBRECIPIENT depends
for performance hereunder. SUBRECIPIENT may opt, within the limitations of this
Agreement, to seek an alternative funding source, with the approval of CITY, provided the
termination by the outside funding source was not occasioned by a breach of contract as
defined herein or as defined in a contract between SUBRECIPIENT and the funding
source in question.
SUBRECIPIENT may terminate this Agreement upon the dissolution of
SUBRECIPIENT'S organization not occasioned by a breach of this Agreement.
D. Upon receipt of notice to terminate, SUBRECIPIENT shall cancel, withdraw or otherwise
terminate any outstanding orders or subcontracts, which relate to the performance of this
Agreement. CITY shall not be liable to SUBRECIPIENT or SUBRECIPIENT'S
creditors for any expenses, encumbrances or obligations whatsoever incurred after the
termination date listed on the notice to terminate referred to in this paragraph.
E. Notwithstanding any exercise by CITY of its right of suspension or termination,
SUBRECIPIENT shall not be relieved of liability to CITY for damages sustained by
CITY by virtue of any breach of the Agreement by SUBRECIPIENT, and CITY may
withhold any reimbursement to SUBRECIPIENT until such time as the exact amount of
damages due to CITY from SUBRECIPIENT is agreed upon or otherwise determined.
26. NOTIFICATION OF ACTION BROUGHT
In the event that any claim, demand, suit or other action is made or brought by any
person(s), firm, corporation or other entity against SUBRECIPIENT, SUBRECIPIENT
shall give written notice thereof to CITY within two working days after being notified of
such claim, demand, suit or other action. Such notice shall state the date and hour of
notification of any such claim, demand, suit or other action, the names and addresses of the
person(s), firm, corporation or other entity making such claim, or that instituted or
threatened to institute any type of action or proceeding, the basis of such claim, action or
proceeding, and the name of any person(s) against whom such claim is being made or
threatened. Such written notice shall be delivered either personally or by mail.
27. INDEMNIFICATION
A. It is expressly understood and agreed by both parties hereto that the CITY is contracting
with the SUBRECIPIENT as an independent SUBRECIPIENT and that as such,
SUBRECIPIENT shall save and hold CITY, its officers, agents and employees harmless
from all liability of any nature or kind, including costs and expenses for, or on account of,
any claims, audit exceptions, demands, suits or damages of any character whatsoever
resulting in whole or in part from the performance or omission of any employee, agent or
representative of SUBRECIPIENT.
B. SUBRECIPIENT agrees to provide the defense for, and to indemnify and hold harmless
CITY, its agents, employees, or SUBRECIPIENTs from any and .all claims, suits, causes
of action, demands, damages, losses, attorney fees, expenses, and liability arising out of
the use of these contracted funds and program administration and implementation except
to the extent caused by the willful act or omission of CITY, its agents, employees, or
SUBRECIPIENTS.
28. NON -RELIGIOUS ACTIVITIES
The SUBRECIPIENT will provide all services under this Agreement in a manner that is
exclusively non -religious in nature and scope. There shall be no religious services, proselytizing,
instruction or any other religious preference, influence or discrimination in connection with
providing the services hereunder.
29. MISCELLANEOUS
A. SUBRECIPIENT shall not, transfer, pledge or otherwise assign this Agreement or any
interest therein, or any claim arising thereunder, to any party or parties, bank, trust
company or other financial institution without the prior written approval of CITY.
B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the
remaining provisions shall remain in full force and effect and continue to conform to the
original intent of both parties hereto.
C. In no event shall any payment to SUBRECIPIENT hereunder, or any other act or failure
of CITY to insist in any one or more instances upon the terms and conditions of this
Agreement constitute or be construed in any way to be a waiver by CITY of any breach of
covenant or default which may then or subsequently be committed by SUBRECIPIENT.
Neither shall such payment, act, or omission in any manner impair or prejudice any right,
power, privilege, or remedy available to CITY to enforce its rights hereunder, which
rights, powers, privileges, or remedies are always specifically preserved. No
representative or agent of CITY may waive the effect of this provision.
D. This Agreement, together with referenced exhibits and attachments, constitutes the entire
agreement between the parties hereto, and any prior agreement, assertion, statement,
understanding or other commitment antecedent to this Agreement, whether written or oral,
shall have no force or effect whatsoever; nor shall an agreement, assertion, statement,
understanding, or other commitment occurring during the term of this Agreement, or
subsequent thereto, have any legal force or effect whatsoever, unless properly executed in
writing, and if appropriate, recorded as an amendment of this Agreement.
E. In the event any disagreement or dispute should arise between the parties hereto pertaining
to the interpretation or meaning of any part of this Agreement or its governing rules, codes,
laws, ordinances or regulations, CITY as the party ultimately responsible to the U. S.
Department of Housing and Urban Development for matters of compliance, will have the
final authority to render or to secure an interpretation.
F. For the purpose of this Agreement, all official communications and notices among the
parties shall be deemed made if sent postage paid to the parties and addresses set forth
below:
TO CITY:
Mr. Kyle Hayes
City Manager
City of Beaumont
P. O. Box 3827
Beaumont, TX 77704
TO SUBRECIPIENT:
Habitat for Humanity
Ms. Miriam Morgan, Ex. Director
610 Trinity
Beaumont, Texas 77701
G. This Agreement shall be interpreted in accordance with the laws of the State of Texas and
venue of any litigation concerning this Agreement shall be in a court competent
jurisdiction sitting in Jefferson County Texas.
IN WITNESS OF WHICH this Agreement has been executed on this the
, 2017.
CITY OF BEAUMONT: ATTEST:
BY: BY:
Kyle Hayes, City Manager
Habitat For Humanity:
BY:
Date
Tina Broussard, City Clerk
ATTEST:
BY:
day of
EXHIBIT A
STATEMENT OF WORK
Habitat For Humanity, located at 610 Trinity Street, Beaumont, Texas 77701, shall use the
funds ($92,488.00) to pay for costs associated with providing minor rehab work on properties of
eligible low to moderate income citizens of Beaumont. A portion of the award will be given for
administration of this project.
SUBRECIPIENT shall provide to the City of Beaumont an itemized budget detailing the
expenditures and encumbrances. Reports will be due 90 days after execution of this agreement.
Exhibit B
24 CFR Part 570
This exhibit is not included with your grant agreement. Your agency has been
funded in the past and you should already have a copy of this document in your
files to reference.
Exhibit C
2017 PROGRAM INCOME LIMITS
FY 2017 Median Family Income
Beaumont, Texas
Median Family Income: $58,400 _
Income limits are adjusted for family size, thus your annual household income must be at or below the specified
amounts based on your family size.
Effective 4/11/2017; Income limits are published.annually by the U. S. Department of Housing and Urban
Development
1 PERSON
2 PERSON
3 PERSON
4 PERSON
S PERSON
6 PERSON
7 PERSON
8 PERSON
30% of Median
$11,700
$13,350
$15,000
$16,650
$18,000
$19,350
$20,650
$221000
50% of Median
$19,450
$22,200
$25,000
$27,750
$30,000
$32,200
$34,450
$36,650
80% of Median
$31,100
$35,550
$40,000
$44,400.
$48,000
$51,550
$55,100
$58,650
Effective 4/11/2017; Income limits are published.annually by the U. S. Department of Housing and Urban
Development
Exhibit D
Project Budget
Habitat For Humanity
Administrative Costs $ 7,400.00
Project Costs $85,088.00
Total Budget $92,488.00
EXHIBIT F
CERTIFICATION REGARDING LOBBYING
Anti -Lobbying - On behalf of Habitat For Humanity, of Beaumont, Texas, and to the
best of my knowledge and belief,
No Federal appropriated funds have been paid or will be paid, by or on behalf of
it, to any person for influencing or attempting to influence an office or employee
of any agency, a Member of Congress, an officer or employee of Congress or an
employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment or modification of any Federal contract, grant, loan or
cooperative agreement.
2. 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 the Federal contract, grant,
loan or cooperative agreement, it will complete and submit Standard Form -LLL,
Disclosure Form to Report Lobbying, in accordance with its instructions, and
3. It will require that the language of paragraph 1 and 2 of this anti -lobbying
certification be included in the award documents for all subawards at all tiers
(including subcontracts, subgrants and contracts under grants, loans and
cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
Habitat For Humanity: ATTEST:
BY: BY:
C
BEAUMONT
TEXAS 1�
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: James P. Singletary, Chief of Police
MEETING DATE: August 15, 2017
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
pursue funding in the amount of $25,925.75 through the 2017
Helping Heroes Grant.
BACKGROUND
In 2012, Flint Hills Resources and Koch Pipeline Company established the Helping Heroes
program which provides grants for the training, education, equipment, and emergency notification
needs of Texas fire departments and emergency responders. This funding would be utilized to
purchase a replacement satellite antenna and controller ($21,468.75), an inflatable light tower
($3,468.00) and a portable generator ($989.00), which would upgrade existing satellite internet
provider/phone systems and provide remote deployment capabilities for emergency management
and public safety purposes.
There is no match requirement.
FUNDING SOURCE
None.
RECOMMENDATION
Approval of the resolution.
G
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 apply for grant funding from Flint Hills Resources and Koch Pipeline
Company through the 2017 Helping Heroes Grant, in the amount of $25,925.75 to
provide a replacement satellite antenna and controller, an inflatable light tower, and a
portable generator for the training, education, equipment, and emergency notification
needs of Texas fire departments and emergency responders.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
August, 2017.
- Mayor Becky Ames -
G
BEAUMONT
TEXAS
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS AUGUST 15, 2017 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-6/ Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider a resolution receiving the proposed FY 2018 Budget and scheduling a
public hearing
2. Consider a resolution receiving the proposed 2018 Capital Program and scheduling a
public hearing
3. Consider establishing and taking a record vote on the proposed 2017 tax rate and
schedule public hearings
4. Consider amending Chapter 14, Section 14.06 of the Code of Ordinances related
to the Library System
5. Consider a resolution supporting Councilmember W.L. Pate's candidacy for
President -Elect of TML
PUBLIC HEARING
* Receive comments related to the mandatory payment rate for the Local Provider
Participation Fund (LPPF) for FY 2017
6. Consider setting the mandatory payment rate related to the Local Provider
- Participation Fund for FY 2017
* Public Comment (Persons are limited to 3 minutes)
* Councilmembers/City Manager comment on various matters
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
1923 paving lien on the property located at 740 Washington Avenue
Potential Claim against APAC-Texas, Inc.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Kaltrina Harbuzi at 880-3777.
1
August 15, 2017
Consider a resolution receiving the proposed FY 2018 Budget and scheduling a public hearing
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: August 15, 2017
REQUESTED ACTION: Council consider a resolution receiving the proposed FY 2018
Budget and scheduling a public hearing.
BACKGROUND
Article VI, Section 2 of the City Charter requires that the proposed budget be submitted to the
Council at least 45 days prior to the beginning of the new fiscal year. In addition, Section 4
requires Council to schedule a public hearing on the proposed budget.
RECOMMENDATION
The Administration recommends that a public hearing be held on August 29, 2017, at 1:30 p.m. in
Council Chambers, located at 801 Main Street. The City Clerk will publish the notice of the
public hearing.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the proposed FY 2018 Budget has been received and a public hearing is hereby
scheduled for August 29, 2017 at 1:30 PM in the City Council Chambers, City Hall, 801
Main Street, Beaumont, Texas; and,
BE IT FURTHER RESOLVED THAT the City Clerk is to publish notice of said
hearing pursuant to the Charter of the City of Beaumont.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
August, 2017.
- Mayor Becky Ames -
2
August 15, 2017
Consider a resolution receiving the proposed 2018 Capital Program and scheduling a public
hearing
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: August 15, 2017
REQUESTED ACTION: Council consider a resolution receiving the proposed 2018 Capital
Program and scheduling a public hearing.
BACKGROUND
The proposed 2018 Capital Program was originally submitted to Council on May 15, 2017.
Article VI, Section 20 of the City Charter requires Council to schedule a public hearing on the
proposed Capital Program.
RECOMMENDATION
The Administration recommends that a public hearing be held on August 29, 2017, at 1:30 p.m. in
Council Chambers, located at 801 Main Street. The City Clerk will publish the notice of the
public hearing.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the proposed FY 2018 Capital Program has been received and a public hearing
is hereby scheduled for August 29, 2017 at 1:30 PM in the City Council Chambers, City
Hall, 801 Main Street, Beaumont, Texas; and,
BE IT FURTHER RESOLVED THAT the City Clerk is to publish notice of said
public hearing pursuant to the Charter of the City of Beaumont.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
August, 2017.
- Mayor Becky Ames -
3
August 15, 2017
Consider establishing and taking a record vote on the proposed 2017 tax rate and schedule public
hearings
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer -4
MEETING DATE: August 15, 2017
REQUESTED ACTION: Council consider establishing and taking a record vote on the
proposed 2017 tax rate and schedule public hearings.
BACKGROUND
Chapter 26 of the Property Tax Code requires taxing units to comply with truth -in -taxation laws
in adopting their tax rate and requires the governing body to hold two public hearings when the
proposed tax rate exceeds the lower of the rollback rate or the effective rate.
Administration recommends Council establish a tax rate required to support the City Manager's
proposed budget equal to the tax rate of $0.71/$100 of valuation. In accordance with Chapter
26 of the Property Tax Code, if the proposed rate exceeds the lower of the rollback rate of
$.745016/$100 or the effective tax rate of $.677701/$100, the City Council must take a record
vote to place the proposal to adopt the rate on the agenda of a future meeting. The effective tax
rate is the rate that would produce the same amount of taxes in FY 2018 as was produced in FY
2017 if it was applied to the same properties taxed in both years. The proposed tax rate of
$0.710000/$100 exceeds the effective tax rate of $.677701/$100 by $.032299/$100 or 4.8%. If
the motion passes, two public hearings must be scheduled. It is recommended that the public
hearings be held on August 29, 2017 and September 12, 2017 at 1:30 p.m. in the Council
Chambers.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
The Administration recommends that a public hearing be held on August 29, 2017, at 1:30 p.m.
in Council Chambers, located at 801 Main Street. The City Clerk will publish the notice of the
public hearing.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the 2017 tax rate is proposed to be $0.71; and,
BE IT FURTHER RESOLVED THAT the dates of August 29, 2017 and
September 12, 2017 be and the same are hereby set as the dates at which the City
Council will conduct public hearings on the proposed tax rate. The meetings will be
held in the City Council Chambers, City Hall, 801 Main Street, Beaumont, Texas at 1:30
PM August 29, 2017 and September 12, 2017 at which times the Council will receive
public comment on the proposed tax rate of $0.71; and,
BE IT ALSO RESOLVED THAT the City Clerk is to publish notice of said public
hearing pursuant to V.T.C.A., Tax Code §26.06.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
August, 2017.
- Mayor Becky Ames -
0
August 15, 2017
Consider amending Chapter 14, Section 14.06 of the Code of Ordinances related to the Library
System
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Bart Bartkowiak, Chief Technology Officer
MEETING DATE: August 15, 2017
REQUESTED ACTION: Council consider amending Chapter 14, Section 14.06 of the Code
of Ordinances related to the Library System.
BACKGROUND
On August 8th, the City Council held a work session to review and discuss proposed changes to the
City's Library ordinance. The following changes are being proposed:
• Section 14.06.002 Fees for nonresident cards
o Increase the maximum check out items for an individual card from five (5) to ten
(10).
o Increase the maximum checkout items for a family card from ten (10) to fifteen
(15).
• Section 14.06.004 Late charges; processing fee
o Remove Cassettes, Compact discs and audio books, and Framed prints from table.
o Increase the daily late charge for Books from $0.10 to $0.15 and note this fee
applies to all items other than DVDs.
o Change Videotapes to DVDs and modify the daily late charge from $2.00 to $1.00
and modify the maximum late charge from $25.00 to Replacement cost.
o Modify (b) to state that "loan periods may be renewed by staff as long as no holds
are present on the item".
• Section 14.06.005 Rental for use of meeting room
o Change the minimum use from three (3) hours to one (1) hour.
o Change the refundable deposit required if food is to be served from twenty-five
dollars ($25.00) to seventy-five dollars ($75.00).
RECOMMENDATION
Approval of ordinance.
0 ARTICLE 14.06 LIBRARY=
Sec. 14.06.001 Library name; branches
The library of the city shall be known as the Beaumont Public Library System. Branches thereof
may be established by the city council upon recommendation of the library commission or city
manager. (1958 Code, sec. 18-3; Ordinance 78-110, sec. 1, adopted 11/28/78; Ordinance 01-035,
sec. 1, adopted 5/1/01; 1978 Code, sec. 16-3)
Q, Sec. 14.06.002 Fees for nonresident cards
It shall be unlawful for a nonresident of the city to check out any item from the Beaumont Public
Library unless such person holds a nonresident card issued under the following terms and
conditions:
(1) A nonresident individual card at a cost of twenty-five dollars ($25.00) per year
will entitle the holder to check out a maximum of five -(5* en 10items at any one (1)
time if otherwise allowed by existing rules for each item.
(2) A nonresident family card at a cost of forty dollars ($40.00) per year will entitle
the holder to check out a maximum often (I fifteen(151items at any one time if
otherwise allowed by existing rules for each item.
(1958 Code, sec. 18-9; Ordinance 75-54, sec. 1, adopted 9/2/75; Ordinance 78-110, sec. 1,
adopted 11/28/78; Ordinance 91-17, sec. 1, adopted 2/26/91; Ordinance 03-103, sec. 1, adopted
12/9/03; Ordinance 05-011, sec. 1, adopted 1/25/05; 1978 Code, sec. 16-9)
O Sec. 14.06.003 Failing to return materials
(a) Unlawful. It shall be unlawful for any person to fail to return library materials borrowed
from the Beaumont Public Library System.
(b) Evidence of violation. In any prosecution charging a violation of subsection (a) of this
section, proof that, (1) the library materials were to be returned on a date specified, (2) notice was
given by depositing in the United States mail said notice addressed to the person who borrowed
the library materials sent to his address as shown on the records. of the library and stating that the
materials were not returned on the date specified, and (3) the library materials are not returned to
the Beaumont Public Library within twenty (20) days, shall constitute in evidence a prima facie
case establishing violation of subsection (a) of this section.
(c) Presumption of receipt of notice. If notice is given in accordance with subsection (b) of this
section, it is presumed that the notice was received no later than five (5) days after it was sent.
(d) Lack of possession no defense. In prosecutions under subsection (a) of this section it shall
be no defense that the borrower of the library material no longer possesses them.
(Ordinance 78-110, sec. 1, adopted 11/28/78; Ordinance 01-035, sec. 1, adopted 5/1/01; 1978
Code, secs. 16-10-16-13)
Sec. 14.06.004 Late charges; processing fee
(a) The library director shall charge a daily late charge to those persons whose cards are used to
check out materials which are returned after the applicable loan period. The loan period, daily late
charge and maximum late charge for each item shall be as follows:
Item
Loan Period
Daily
Late Charge
Maximum
Late Charge
Books (all materials
except for DYQs)
Two weeks with one
renewal for two weeks
$4.400.15
Replacement cost
audio boo ,
renewal for- t. o weeks
N1ideotape ^n.a DVDs
One week/nonrenewable
$2-A81.00
$25.09Replacement
cost
S-
One mentWnorffenewable
X938
x&99
(b) The loan periods established her-ei, may of be extended by re a'.may be renewed by
staff as long as no holds are present on the item.
(c) The director shall, in addition to any late charge imposed by this section, charge a processing
fee of five dollars ($5.00) for hardback books and two dollars ($2.00) for paperback books, which
is not refundable, for lost or damaged materials.
(Ordinance 80-8, sec. 1, adopted 1/29/80; Ordinance 82-92, sec. 1, adopted 8/24/82; Ordinance
83-131, sec. 1, adopted 10/11/83; Ordinance 91-17, sec. 2, adopted 2/26/91; Ordinance 01-035,
sec. 1, adopted 5/1/01; Ordinance 01-060, sec. 1, adopted 8/21/01; Ordinance 03-103, sec. 2,
adopted 12/9/03; Ordinance 05-011, sec. 2, adopted 1/25/05; 1978 Code, sec. 16-14; Ordinance
07-039, sec. 2, adopted 4/3/07)
Sec. 14.06.005 Rental for use of meeting room
The rental rate for the use of a meeting room shall be ten dollars ($10.00) an hour with a
minimum use of tlfee R) one1 hours. If food is to be served, a refundable deposit of t-wefAy
five dollars ($25 nmseventy-five($75.00) shall be paid In advance of the use. (Ordinance 83-
131, sec. 1, adopted 10/11/83; Ordinance 01-035, sec. 1, adopted 5/1/01; 1978 Code, sec. 16-15)
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 14, ARTICLE
14.06, SECTIONS 14.06.002(1), 14.06.002(2), 14.06.004(a),
14.06.004(b), AND 14.06.005 OF THE CODE OF ORDINANCES OF
BEAUMONT, TEXAS RELATING TO THE LIBRARY; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING
A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Chapter 14, Article 14.06, Section 14.06.002(1) of the Code of Ordinances of the
City of Beaumont, be and the same is hereby amended to read as follows:
(1) A nonresident individual card at a cost of twenty-five dollars ($25.00) per
year will entitle the holder to check out a maximum often (10) items at any
one (1) time if otherwise allowed by existing rules for each item.
Section 2.
THAT Chapter 14, Article 14.06, Section 14.06.002(2) of the Code of Ordinances of the
City of Beaumont, be and the same is hereby amended to read as follows:
(2) A nonresident family card at a cost of forty dollars ($40.00) per year will
entitle the holder to check out a maximum of fifteen (15) items at any one
time if otherwise allowed by existing rules for each item.
Section 3.
THAT Chapter 14, Article 14.06, Section 14.06.004(a) of the Code of Ordinances of the
City of Beaumont, be and the same is hereby amended to read as follows:
(a) The library administrator shall charge a daily late charge to those persons whose
cards are used to check out materials which are returned after the applicable loan
period. The loan period, daily late charge and maximum late charge for each item shall
be as follows:
Item
Loan Period
Daily
Maximum
Late Charge
Late Charge
Books (all materials
Two weeks with one
$0.15
Replacement
except for DVDs)
renewal for two weeks
cost
DVDs
One week/nonrenewable
$1.00
Replacement
cost
Section 4.
THAT Chapter 14, Article 14.06, Section 14.06.004(b) of the Code of Ordinances of the
City of Beaumont, be and the same is hereby amended to read as follows:
(b) The loan periods may be renewed by staff as long as no holds are
present on the item.
Section 5.
THAT Chapter 14, Article 14.06, Section 14.06.005 of the Code of Ordinances of the
City of Beaumont, be and the same is hereby amended to read as follows:
Sec. 14.06.005 Rental for use of meeting room
The rental rate for the use of a meeting room shall be ten dollars ($10.00) an hour with
a minimum use of one (1) hour. If food is to be served, a refundable deposit of seventy-
five ($75.00) shall be'paid in advance of the use.
Section 6.
That if any section, subsection, sentence, clause of phrase of this ordinance, or the
application of same to a particular set of persons or circumstances; should for any
reason be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 7.
That all ordinances or parts of ordinances in conflict herewith are repealed to the extent
of the conflict only.
Section 8.
That any person who violates any provision of this ordinance shall, upon conviction, be
punished, as provided in Section 1.01.009 of the Code or Ordinance of Beaumont,
Texas.
The meeting at which this ordinance was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
July, 2017.
- Mayor Becky Ames -
5
August 15, 2017
Consider a resolution supporting Councilmember W.L. Pate's candidacy for President -Elect of
TML
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Jarmon, Executive Assistant to the City Manager
MEETING DATE: August 15, 2017
REQUESTED ACTION: Council consider a resolution supporting Councilmember W.L.
Pate's candidacy for President -Elect of TML.
BACKGROUND
Councilmember W.L. Pate is a member of the Texas Municipal League (TML) and currently
serves as the President for TML Region 16. Councilmember Pate wishes to continue his service
to TML and has expressed an interest in serving as President -Elect of TML. Mr. Pate is asking
for a resolution of support from the City Council for his candidacy.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
BEAUMONT
TEXAS
A RESOLUTION SUPPORTING COUNCILMEMBER
W.L. PATE'S CANDIDACY FOR PRESEIDENT-ELECT OF TML
WHEREAS, the Texas Municipal League, or TML, President is given the responsibility of
appointing individuals to serve on the TML Nominating Committee; and
WHEREAS, the TML Nominating Committee will review applications and select an individual
to serve as President -Elect of TML; and
WHEREAS, Councilmember W.L. Pate currently serves as President for TML Region 16; and
WHEREAS, Councilmember W.L. Pate has expressed an interest in serving as President -Elect of
TML; and
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BEAUMONT, TEXAS:
SECTION 1: That the City Council of the City of Beaumont supports Councilmember W.L.
Pate's candidacy for President -Elect of TML.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15'' day of August, 2017.
Becky Ames, Mayor
J - PRIO, iCEDUR
T0i ,
ML";,N
--aJ
ES/0F
/A
AT/ING
i
Editor's Note: The following information describes the TML
nominating procedures. In accordance with those proce-
dures, this information must be published in the July issue
of Texas Town & City magazine.
The TML Nominating Committee shall be formed and shaLL
conduct its activities under the following TML Board -adopt-
ed policies.
Formation of a Nominating Committee
During the June meeting of the TML Board of Directors, the
TML President shall appoint a TML Nominating Committee
to be made up of not less than five nor more than seven
members of the TML Board of Directors, aLL of whom shaLL
be elected officials.
The most immediate TML Past President shaLL chair the
Nominating Committee, and two other Past Presidents shaLL
be appointed to the Committee.
The TML President shall attempt to make appointments in
a Way that balances the Nominating Committee with regard
to gender, ethnicity, geographic regions, city size, and other
relevant factors.
Following the June meeting of the TML Board of Directors,
aLL Board members and all member cities shall be notified
of the composition of the Nominating Committee and of the
procedures to be used by the Committee. SpecificaLLy, such
information shall be printed in the issue of Texas Town & City
magazine that is published in July.
City officials are hereby informed that the 2017 TML
Nominating Committee is made up of the following TML
Board members;
• TML Past President C.J. Wax, Mayor, Rockport - Chair
• TML Past President Guy Goodson, City Attorney,
Orange
• TML Past President Jungus Jordan,
CounciLmember, Fort Worth
• Suzanne de Leon, Mayor, Balcones Heights
• Marcus Knight, Mayor, Lancaster
• Ramiro Rodriguez Jr., Mayor, PaLmhurst
• Tamara Young -Hector, CounciLmember, Willis
TEXAS TOWN & CITY • 3 5 • JULY 2017
Procedures of the Nominating Committee
A candidate for TML President -Elect must be: D an elected
city official of a member city; 2) a member of the TML Board
of Directors; and 3) shall declare his or her candidacy by
completing a Candidate Data Form and mailing a sufficient
number of those forms to:
Nominating Committee
c/o Bennett Sandlin, Executive Director
Texas Municipal League
1821 Rutherford Lane, Suite 400
Austin, Texas 78754
Candidate Data Forms may be obtained from the TML
Executive Director.
A candidate for TML President -Elect must submit seven
copies of the Candidate Data Form along with any attach-
ments to that form. That material must be mailed and must
be postmarked prior•to September 1. No material may be
faxed or emailed. The TML Executive Director shall distrib-
ute the submittal materials to Committee members.
TheCandidate Data Form submitted by a candidate for
TML President-ELect must include a copy of a resolution
of support from the candidate's municipal governing body
and may include a biographical sketch or resume.
If there are two or more candidates for the position of TML
President -Elect, the Nominating Committee shall interview
the candidates no sooner than September 1 and no Later
than the day on which the Nominating Committee makes
its report to the TML Board of Directors during the TML
Annual Conference. The specific times and places for
such interviews shall be coordinated by the TML Executive
Director, The TML Executive Director shall not be present
during deliberations except at the unanimous request of
the Nominating Committee members present.
Members of the Nominating Committee may seek candi-
dates for TML President -Elect prior to September 1.
All persons who are eligible to run for TML President-ELect
shall be informed that the TML Nominating Committee will
base its decision on the candidates' qualifications and inter-
views, and not on the basis of campaigning directed to the
Nominating Committee, the TML Board of Directors, other
city officials, or member cities.
If, at the time of the June meeting of the TML Board
of Directors, the position of President -Elect is vacant
and the TML President is ineligible for another term as
TML President, these procedures of the TML Nominating
TEXAS TOWN & CITY
Committee shall also govern the nominating process for the
position of TML President.
Report of the Nominating Committee
The Nominating Committee shall make a written report
to the TML President prior to the time the Committee will
make its oral report to the TML Board of Directors at the
TML Annual Conference. That meeting shall be an open
meeting and shall be listed in the Annual Conference Pro-
gram.
The Nominating Committee shall nominate one Board
member for TML President and one Board member
for TML President -Elect.
Action on the Nominating Committee Report
Following the oral report of the Nominating Committee, the
position of TML President shall be considered first and sep-
arate from the position of TML President -Elect.
Nominations from the floor shall be allowed. Three TML
Board members must second any nomination from the
floor for either TML President or TML President -Elect. A
TML Board member may nominate himself or herself or
may second his or her nomination. A nomination from the
floor does not require the suspension of any rules of pro-
cedure.
If an election is contested, each candidate may address the
TML Board of Directors for no more than three minutes. No
other person may speak on behalf of a candidate.
If an election is uncontested, the vote shall be by voice vote.
If an election is contested, the vote shall be by written
ballot. In that case, the TML. President shall appoint two
disinterested persons from the TML Board or staff to act as
tellers to count the baLLots.
If an election is contested by three or more candidates, the
candidate who receives the most votes shall be declared
the winner. There shall be no run-off, except in the case of
a tie for the most votes. *
sm�V'
TML
T E X A S
MUNICIPAL LEAGUE
36. JULY 2017
RESOLUTION NO.
WHEREAS, the Texas Municipal League, or TML, President is given the
responsibility of appointing individuals to serve on the TML Nominating Committee; and,
WHEREAS, the TML Nominating Committee will review applications and select
an individual to serve as President -Elect of TML; and,
WHEREAS, Councilmember W.L. Pate currently serves as President for TML
Region 16; and,
WHEREAS, Councilmember W.L. Pate has expressed an interest in serving as
President -Elect of TML;
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 of the City of Beaumont supports Councilmember W.L.
Pate's candidacy for President -Elect of TML.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
August, 2017.
- Mayor Becky Ames -
August 15, 2017
Consider setting the mandatory payment rate related to the Local Provider Participation Fund for
FY 2017
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial. Officer
MEETING DATE: August 15, 2017
REQUESTED ACTION: Council consider setting the mandatory payment rate related to the
Local Provider Participation Fund for FY 2017 and holding a public
hearing.
BACKGROUND
On June 9, 2015, the City Council authorized the City's participation in a municipal health care
provider participation program to support the payment of Medicaid supplemental hospital
payments to Safety -Net Hospitals in the City. At the same time, the City Council authorized the
execution of indicate care affiliation agreements with Baptist Hospitals of Southeast Texas and
Christus Hospital. In addition, on July 28, 2015, the City Council approved model rules and
procedures related to the City of Beaumont's facilitation of the program. The City of Beaumont is
required to set the amount of the mandatory payments required to be paid by the hospitals. The
mandatory payment must be uniformly proportionate with the amount of net patient revenue
generated by each paying hospital in the municipality. The mandatory rate for the fiscal year
ending 2017 will be _%.
FUNDING SOURCE
Local Safety -Net Hospitals will make mandatory payments into the Beaumont Municipal Health
Care Provider Participation Fund.
RECOMMENDATION
Approval of ordinance.
RESOLUTION NO.
RESOLUTION SETTING THE MANDATORY PAYMENT RATE FOR THE
FISCAL YEAR 2017 FOR THE LOCAL PROVIDER PARTICIPATION
FUND IN THE MUNICIPAL HEALTH CARE PROVIDER PARTICIPATION
PROGRAM.
WHEREAS, The Texas Legislature enacted S.B. 1387, which added Section 295
to the Health and Safety Code and which went into effect immediately upon being
signed by the Governor; and,
WHEREAS, pursuant to Section 295 of the Health and Safety Code, the City
Council has authorized the City of Beaumont to participate in a municipal health care
provider participation program and establish a Local Provider Participation Fund; and,
WHEREAS, the purpose of participation in a municipal health care provider
participation program is to generate revenue from a mandatory payment that may be
required by the City from each institutional health care provider located in the City of
Beaumont; and,
WHEREAS, revenue generated from mandatory payments may be used to fund
certain intergovernmental transfers; and,
WHEREAS, pursuant to 295.151 of the Health and Safety Code, a city that
collects a mandatory payment must set the amount of the mandatory payment;
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 Beaumont City Council sets the amount of the mandatory payment for
the fiscal year ending 2017 as % of the net patient revenue of an institutional
health care provider located in the City of Beaumont; and,
BE IT FURTHER RESOLVED THAT the City Council of the City of Beaumont is
authorized to take all other actions necessary to meet the requirements of Chapter 295.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
July, 2017.
- Mayor Becky Ames -
ATTEST:
City Clerk