HomeMy WebLinkAboutPACKET OCT 10 2017BEAUMONT
TEXAS
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS OCTOBER 10, 2017 1:30 P.M.
CONSENT AGENDA
* Approval of minutes — September 26, 2017
Confirmation of board and commission member appointments
Kelley Kays, City Veterinarian would be appointed to the Animal Health Advisory Committee.
The term would commence October 10, 2017 and expire September 30, 2019. (Mayor Becky
Ames)
Sherry Ulmer, Health Director, would be appointed to the Animal Health Advisory Committee.
The term would commence October 10, 2017 and expire September 30, 2019. (Mayor Becky
Ames)
Matthew Fortenberry, Animal Control Supervisor, would be appointed to the Animal Health
Advisory Committee. The term would commence October 10, 2017 and expire September 30,
2019. (Mayor Becky Ames)
Keely Kinsel, Humane Society Representative, would be appointed to the Animal Health
Advisory Committee. The term would commence October 10, 2017 and expire September 30,
2019. (Mayor Becky Ames)
Ann Reynolds, Resident at Large, would be appointed to the Animal Health Advisory
Committee. The term would commence October 10, 2017 and expire September 30, 2019.
(Mayor Becky Ames)
Jim Clay, Police Department Representative, would be appointed to the Animal Health Advisory
Committee. The term would commence October.10, 2017 and expire September 30, 2019.
(Mayor Becky Ames)
Debbie Rogers, Resident at Large, would be appointed to the Animal Health Advisory
Committee. The term would commence October 10, 2017 and expire September 30, 2019.
(Mayor Becky Ames)
Maryjane Benning, Resident at Large, would be appointed to the Animal Health Advisory
Committee. The term would commence October 10, 2017 and expire September 30, 2019.
(Mayor Becky Ames)
Norma Sampson would be appointed to the Community Development Advisory Committee. The
term would commence October 10, 2017 and expire September 30, 2019. (Mayor Becky Ames)
Rose Blount would be appointed to the Community Development Advisory Committee. The
term would commence October 10, 2017 and expire September 30, 2019. (Mayor Becky Ames)
Raymond Ambres would be appointed to the Community Development Advisory Committee.
The term would commence October 10, 2017 and expire September 30, 2019. (Mayor Becky
Ames)
Frank Messina would be appointed to the Convention and Tourism Advisory Committee. The
term would commence October 10, 2017 and expire September 30, 2019. (Mayor Becky Ames)
Ann Rothkamm would be appointed to the Convention and Tourism Advisory Committee. The
term would commence October 10, 2017 and expire September 30, 2019. (Mayor Becky Ames)
Ava Graves would be appointed to the Convention and Tourism Advisory Committee. The term
would commence October 10, 2017 and expire September 30, 2019. (Mayor Becky Ames)
Mel Wright (Ex -officio) would be appointed to the Convention and Tourism Advisory
Committee. The term would commence October 10, 2017 and expire September 30, 2019.
(Mayor Becky Ames)
Rocky Chase (Ex -officio) would be appointed to the Convention and Tourism Advisory
Committee. The term would commence October 10, 2017 and expire September 30, 2019,
(Mayor Becky Ames)
Dr. Richard Leblanc (Ex -officio) would be appointed to the Convention and Tourism Advisory
Committee. The term would commence October 10, 2017 and expire September 30, 2019.
(Mayor Becky Ames)
Marry Craig would be appointed to the Library Commission. The term would commence
October 10, 2017 and expire September 30, 2019. (Mayor Becky Ames)
Parker Langley would be appointed to the Parks and Recreation Advisory Committee. The term
would commence October 10, 2017 and expire September 30, 2019. (Mayor Becky Ames)
Barbara White would be appointed to the Parks and Recreation Advisory Committee. The term
would commence October 10, 2017 and expire September 30, 2019. (Mayor Becky Ames)
Lynda Kay Makin would be appointed to the Planning and Zoning Commission. The term
would commence October 10, 2017 and expire October 9, 2019. (Mayor Becky Ames)
Eddie Senigaur would be appointed to the Planning and Zoning Commission. The term would
commence October 10, 2017 and expire October 9, 2019. (Mayor Becky Ames)
Bill Little would be appointed to the Planning and Zoning Commission. The term would
commence October 10, 2017 and expire September 30, 2019. (Mayor Becky Ames)
Marry Craig would be appointed as an Alternate to the Planning and Zoning Commission. The
term would commence October 10, 2017 and expire September 30, 2019. (Mayor Becky Ames)
Sandy Pate would be appointed as an Alternate to the Planning and Zoning Commission. The
term would commence October 10, 2017 and expire September 30, 2019. (Mayor Becky Ames)
B. Eliot New would be appointed as an Alternate to the Planning and Zoning Commission. The
term would commence October 10, 2017 and expire September 30, 2019 (Mayor Becky Ames)
Reverend Dwight Benoit would be appointed to the Police Department Community Advisory
Committee. The term would commence October 10, 2017 and expire September 30, 2019.
(Mayor Becky Ames)
Sandra Womack would be appointed to the Police Department Community Advisory Committee.
The term would commence October 10, 2017 and expire September 30, 2019. (Mayor Becky
Ames)
Jesus Abrego would be appointed to the Police Department Community Advisory Committee.
The term would commence October 10, 2017 and expire September 30, 2019. (Mayor Becky
Ames)
Pamela Wise would be appointed to the Small Business Revolving Loan Fund Board. The term
would commence October 10, 2017 and expire September 30, 2019. (Mayor Becky Ames)
Judy Linsley, Historian, would be appointed to the Historic Landmark Commission. The term
would commence October 10, 2017 and expire September 30, 2019. (Mayor Becky Ames)
Marie Broussard, Heritage Society, would be appointed to the Historic Landmark Commission.
The term would commence October 10, 2017 and expire September 30, 2019. (Mayor Becky
Ames)
Dohn LaBiche, Architect, would be appointed to the Historic Landmark Commission. The term
would commence October 10, 2017 and expire September 30, 2019. (Mayor Becky Ames)
Jason Cansler, Attorney, would-be appointed to the Historic Landmark Commission. The term
would commence October 10, 2017 and expire September 30, 2019. (Mayor Becky Ames)
Jessie Davis, County Historic Commission Liaison, would be appointed to the Historic
Landmark Commission. The term would commence October 10, 2019 and expire September 30,
2019. (Mayor Becky Ames)
Lynda Kay Makin, Planning Commission Representative, would be appointed to the Historic
Landmark Commission. The term would commence October 10, 2019 and expire September 30,
2019. (Mayor Becky Ames)
M.S. Shawn Javed would be appointed to the Planning and Zoning Commission. The term
would commence October 10, 2017 and expire September 30, 2020. (Mayor Pro Tem Gethrel
Williams -Wright)
Ava Graves would be appointed to the Community Development Advisory Committee. The
term would commence October 10, 2017 and expire September 30, 2019. (Mayor Pro Tem
Gethrel Williams -Wright)
Brenda White would be appointed to the Convention and Tourism Advisory Board. The term
would commence October 10, 2017 and expire September 30, 2019. (Mayor Pro Tem Gethrel
Williams -Wright)
Saab Javed would be appointed to the Convention and Tourism Advisory Board. The term
would commence October 10, 2017 and expire September 30, 2019. (Mayor Pro Tem Gethrel
Williams -Wright)
A) Approve a two percent increase in base wages for the City Manager; City Attorney; City
Clerk and Chief Magistrate
B) Approve the renewal of an annual maintenance agreement for Superion financial
software support for use by all City Departments
C) Authorize the City Manager to sign a Memorandum of Understanding with the Area
Agency on Aging related to the 2-1-1 Area Information Center
D) Approve a resolution nominating Lauren Williams Mason to the Board of Directors of
the Jefferson County Appraisal District
E) Approve an amendment to the industrial district agreement with Air Liquide Large
Industries US L.P.
F) Approve the renewal of an annual maintenance agreement from Tyler Technologies for
use by Municipal Court
G) Approve the purchase of a data storage system from Sirius Computer Solutions, Inc. for
use in Police, Fire and EMS 9-1-1
H) Approve a one year contract with the Art Museum of Southeast Texas for FY 2018
I) Approve a one year contract with the Texas Energy Museum for FY 2018
J) Approve a one year contract with BUILD, Inc., Beaumont Main Street for FY 2018
K) Approve a one year contract with the Southeast Texas Arts Council (SETAC) for
FY 2018
L) Approve a one year contract with the Beaumont Heritage Society/John Jay French
Museum for FY 2018
M) Authorize the City Manager to apply for and receive funding through the Edward Byrne
Memorial Justice Assistance Grant program and to execute all documents necessary,
including an inter -local agreement with the City of Port Arthur, Texas and Jefferson
County, Texas in order to request these funds
N) Approve a resolution terminating a lease of the Beaumont Fire Training Grounds
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: October 10, 2017
REQUESTED ACTION: Council consider a resolution authorizing a two percent increase in
base wages for the City Manager; City Attorney; City Clerk and
Chief Magistrate.
BACKGROUND
The City Manager; City Attorney; City Clerk and Chief Magistrate would receive a two percent
increase in their base wages. Their current allowances, benefits and additional compensation
would remain the same.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the base wages of the City Manager, Kyle Hayes, will be $18,700.00 per month.
He is to also receive a car allowance of $833.33 per month. His administrative
allowance will be $500.00 per month. The City of Beaumont will provide additional
compensation in the amount of $18,000.00 to the City Manager for contribution to a
retirement account or program or other purpose of his choice; and,
THAT the base wages of the City Attorney, Tyrone E. Cooper, will be $16,150.00
per month. He is to also receive a car allowance of $833.33 per month. His
administrative allowance will be $100.00 per month. The City of Beaumont will make an
annual contribution of $24,000.00 to the International City/County Management
Association's Deferred Compensation Program on his behalf; and,
THAT the base wages of the City Clerk, Tina Broussard, will be $8,585.00 per
month. She is to also receive an administrative allowance of $100.00 per month. The
City of Beaumont will make an annual contribution of $12,000.00 to the International
City/County Management Association's Deferred Compensation Program on her behalf;
and,
THAT the base wages of the Chief Magistrate,. Craig Lively, will be $10,880.00
per month. He is to also receive a car allowance of $200.00 per month.
NOTWITHSTANDING the foregoing compensation, all other compensation,
allowances, benefits, terms and conditions of employment with the City of Beaumont
shall be pursuant to City policy and the Charter of the City of Beaumont, as with other
civilian employees.
This resolution shall be effective immediately upon passage.
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 10th day of
October, 2017.
- Mayor Becky Ames —
F09
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Bart Bartkowiak, Chief Technology Officer AB
MEETING DATE: October 10, 2017
REQUESTED ACTION: Council consider a resolution approving the renewal of an annual
maintenance agreement for Superion financial software support for
use by all City Departments.
BACKGROUND
This purchase is exempt from competitive bidding since it is available from only one (1) source
having exclusive rights to modify and maintain the software. The software maintenance
agreement provides for unlimited telephone support and up to three (3) software updates during
the annual term. The annual maintenance cost is $81,361.95. This agreement is for an annual
period beginning October 1, 2017 and includes the following applications:
• Building Codes and Permitting
o Building code management and permitting
• Finance
o Cash receipts
o Asset management
o Accounting
o Loans
o Accounts receivable
o Purchasing
9
• C1ick2GOV Citizen Web Portal
• Occupational licensing
• Water billing
FUNDING SOURCE
General Fund — Information Technology, Municipal Court Technology Fund, and Water Fund.
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 pay an invoice in the
amount of $81,361.95 to Superion for the renewal of an annual maintenance agreement
for financial software support beginning October 1, 2017.
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 10th day of
October, 2017.
- Mayor Becky Ames —
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Jarmon, Executive Assistant to the City Manager
MEETING DATE: October 10, 2017
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to sign
a Memorandum of Understanding with the Area Agency on Aging
related to the 2-1-1 Area Information Center.
BACKGROUND
The Area Agency on Aging, which is a division of the Southeast Texas Regional Planning
Commission (SETRPC), operates the 2-1-1 Area Information Center. 2-1-1 is a confidential and
free helpline that provides referral and information services to individuals seeking information
on social services, health and human services, and financial services. The MOU provides that
any calls Beaumont 3 -1-1 receives that can be handled by 2-1-1 will be directed to 2-1-1, and
any calls that 2-1-1 receives that can be handled by 3-1-1 will be sent to Beaumont 3-1-1.
This MOU is reviewed on an annual basis.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
August 17, 2017
Dear 2-1-1 Partner:
Attached are two copies of an updated agreement with the 2-1-1 Area Information
Center of Southeast Texas to provide mutual support when needed. There are no
changes from last year's agreement. Please have both agreements signed by the
proper personnel, keep one copy for your records and return the other copy by
September 17 to:
Loan Nguyen, :Operations Manager. -
SETRPC 2-1-1 AIC of Southeast Texas
2210 Eastex Freeway
Beaumont, TX 77703
Thank you in advance for your continued support, and if you have any questions
regarding the agreement, please do not hesitate to contact me at 409-924-3381, ext.
6203.
Sincerely,
0�'ry
Loan Nguyen, Operations Manager .
2-1-1 AIC of Southeast Texas
2-1=1 Texas is a program of the Health and Human Services Commission in collaboration with the
Southeast Texas Regional Planning Commission
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 Memorandum of
Understanding between the City of Beaumont and the Area Agency on Aging relating to
the 211 Area Information Center and Beaumont 311. The Memorandum of
Understanding 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 10th day of
October, 2017.
- Mayor Becky Ames -
Memorandum of Understanding
between
Area Agency on Aging of Southeast Texas
2-1-1 Area Information Center of Southeast Texas
and
City of Beaumont 3-1-1 Helpline
This Memorandum of Understanding is between the Area Agency on Aging of Southeast Texas,
2-1-1 Area Information Center of Southeast Texas, and the City of Beaumont 3-1-1 Helpline.
The purpose of this understanding is to ensure a cooperative working agreement and exchange
of information between 2-1-1 Area Information Center of Southeast Texas and City of Beaumont
3-1-1 Helpline. This understanding provides that both agencies will cooperate and mutually
support each other to the extent necessary to ensure that all Southeast Texas citizens have
access to Information and Referral (I&R) resources and non -emergency services and
information.
AAASET 2-1-1 Area Information Center of Southeast Texas agrees to:
• Maintain an accurate, organized system of regional health and human service resources
in a centralized database for Hardin, Jefferson, and Orange counties.
• Maintain a centralized, well -staffed 2-1-1 Texas Area Information Center, which operates
during normal business hours, 8:00 a.m. — 5:00 p.m., Monday through Friday. Twenty-
four hour coverage is provided by routing after -hour, weekend, and holiday calls to the
United Way of Greater Houston 2-1-1 Area Information Center.
• Follow pre -established protocols to direct any non -emergency City of Beaumont related
calls to Beaumont 3-1-1 as quickly as possible. If the individual is able to hang up and
dial 3-1-1, they will be directed to do so. However, if they are unable to hang up and dial
3-1-1 themselves they will be transferred to 409-980-8311. Otherwise, protocols and
procedures developed collaboratively by 3-1-1 and 2-1-1 will be followed.
• Provide 3-1-1 with after-hours contact information for 2-1-1 Area Information Center of
Southeast Texas management staff and United Way of Greater Houston 2-1-1 Area
Information Center management staff.
• Provide United Way of Greater Houston 2-1-1 Area Information Center with contact
information for City of Beaumont 3-1-1 Helpline.
• Provide access to local resources via an online database at www.211.setrpc.org.
• As requested by Beaumont 3-1-1 staff, provide in-service training to 3-1-1 staff regarding
2-1-1 Area Information Center of Southeast Texas and the delivery of non -emergency
information.
• Provide increased accessibility to 2-1-1 Area Information Center of Southeast Texas by
providing Language Line Service availability.
City_of Beaumont 3-1-1 agrees to:
• Work closely and collaboratively with 2-1-1 Area Information Center of Southeast Texas
to ensure that relevant social and human service calls and information requests are
directed to 2-1-1 Area Information Center of Southeast Texas.
EXHIBIT "A"
On an as -needed basis, provide appropriate in-service training to 2-1-1 Area Information
Center of Southeast Texas staff regarding the services, operational strategies and call
transfer procedures of 3-1-1.
Notify 2-1-1 Area Information Center of Southeast Texas immediately of any problems
that may arise or become known to 3-1-1 regarding confusion in 3-1-1 and 2-1-1 calls, or
issues concerning call transfer procedures, service delivery, printed or electronic
resource materials, or other areas that might hinder a positive working relationship
between the parties.
This agreement is made in the spirit of cooperation between the Area Agency on Aging of
Southeast Texas, 2-1-1 Area Information center of Southeast Texas, and City of Beaumont 3-1-
1, with the goal of having calls properly directed calls to Beaumont 3-1-1 and 2-1-1 Texas.
Compensation:
• No compensation shall be paid to either party for providing services under this MOU.
Term:
• This agreement shall be effective for a period not to exceed one (1) year from the date of
execution.
For AAASET 2-1-1 AIC of Southeast Texas: For City of Beaumont
Colleen Halliburton, Director Date
Area Agency on Aging of Southeast Texas
2-1-1 AIC of Southeast Texas
Kyle Hayes, City Manager
City of Beaumont
Date
1j]
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
MEETING DATE: October 10, 2017
REQUESTED ACTION: Council consider a resolution nominating Lauren Williams Mason
to the Board of Directors of the Jefferson County Appraisal District.
BACKGROUND
A letter from the Chief Appraiser of the Jefferson County Appraisal District is attached for your
review.
Jefferson County Appraisal District
P. O. Box 21337 4610 S. Fourth St.
Beaumont, Texas 77720-1337 Beaumont, Texas 77705
CHIEF APPRAISER
Angela Bellard, RPA, RES, AAS
Mrs. Becky Ames
Mayor
City of Beaumont
P O Box 3 827
Beaumont TX 77704
Dear Mayor Ames:
(409) 840-9944
(409) 727-4611
Fax (409) 727-5621
MEMBERS OF THE BOARD
August 23, 2017 Eugene Landry, Chairperson
Charles Lankford, Secretary
Allison Nathan Getz
Lauren Williams Mason
Dr. Louis Reed, Jr.
In accordance with Section 6.03(e) of the Property Tax Code, attached please find the voting entitlement for each
taxing unit that is entitled to vote for the Board of Directors.
The terms of the current Board members expire on December 31, 2017. If your entity would like to submit
nominations for the Board of Directors, you must do so by resolution adopted by your governing body and filed with
me prior to October 15. Before October '30 1 will submit to each entity entitled to vote a ballot listing all of the
nominees. Each entity will then cast its votes, again by resolution adopted by the governing body, and submit the
resolution to me before December 15.
The conservation and reclamation districts nominated Allison Nathan Getz for the 2018 - 2019 term of office. Mrs.
Getz's name will be placed on the ballot along with the names of the nominees submitted by the County, cities, and
school districts. In the main election, the nominee who receives the majority of the votes cast by the conservation
and reclamation districts will receive all of the votes cast by the special districts.
I have enclosed a copy of the calendar of events for the election of the Board of Directors. Please be aware that due
to the language in the Propetty Tax Code, extensions for submitting your nominees and casting your votes cannot be
granted.
If you have any questions, please do not hesitate to contact me.
pjb
Sincerely,
ela Bellard, RPA, RES, AAS
Chief Appraiser
Enclosures
Kyle Hayes' City Manager
JEFFERSON CENTRAL APPRAISAL DISTRICT
Voting Allocation for 2018 - 2019 Board of Directors
Based on 2016 Tax Levies
% of Total
2016 Tax Levy Tax Lew # of Votes
Drainage District #6
$19,180,195.35
3.71%
185
Drainage District #7
$16,305,002.67
3.15%
158
Navigation and Waterways Dist
$19,563,548.49
3.78%
189
Port of Beaumont
$6,138,696.45
1.19%
59
Port of Port Arthur
$9,316,521.93
1.80%
90
Port of Sabine Pass
$491,497.22
0.10%
5
Trinity Bay Conservation Dist
$21,724.92
0.00%
0
WCID #10
$785,498.01
0.15%
8
SUBTOTAL C & R DISTRICTS:
$71,802,685.04
13.88%
694
Jefferson County
Beaumont ISD
Hamshire-Fannett ISD
Hardin Jefferson ISD
Nederland ISD
Port Arthur ISD
Port Neches -Groves ISD
Sabine.Pass ISD
City of Beaumont
City of Bevil Oaks
City of Groves
City of Nederland
City of Port Arthur
City of- Port Neches
.C.ity of Taylor Landing
SUBTOTALS:
$87,462,967.02
16.91%
846
$129,415,216.89
25.03%
1,251
$9,516,982.08
1.84%
92
$5,286,444.43
1.026/o
51
$25,228,925.02
4.88%
244
$60,357,062.86
11.67%
584
$34,831,148.12
6.74%
337
$7,473,490.72
1.45%
72
$49,682,190.81
9.61%
480
$133,337.03
0.03%
1
$5,132,696.25
0.99%
50
$6,268,570.86
1.21%
61
$18,257,209.21
3.53%
177.
.$6,239,057.35
1.21%
60
$49,984,58
0..01%
0
$4451-335,283.23
86.12%
4,306
TOTALS: $517,137,968.27 100.00% 5,000
ELECTION OF BOARD OF DIRECTORS
Calendar of Events as Revised by HB 2043
Before October 1 Chief Appraiser calculates votes each entity is entitled to and
delivers written notice to each taxing entity (with exception of
conservation and reclamation. districts).
Before October 15 By resolution adopted by the governing body, each entity
submits nomination to the Chief Appraiser (with exception of
conservation and reclamation districts). An entity may submit a
nomination for each of the five positions -on the Board.
Before October 30 Chief Appraiser prepares a ballot of candidates whose names
were timely submitted and delivers a copy to the presiding
officer of each entity entitled to vote.
Before December 15 Each entity determines its vote by resolution and submits it to
the Chief Appraiser. An entity may cast all its votes for one
candidate or distribute them among candidates.
Before December 31 Chief Appraiser counts the votes, declares the five candidates
who receive the largest vote totals as the winners, and submits
the results to the taxing entities and the candidates
Should any deadline fall on a weekend or holiday, the deadline is extended to the next regular
business day.
Revisions to Section 6.03 of the Proper& Tax Code no longer allow the Chief Appraiser to
grant an extension for submitting nominees or casting votes.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
WHEREAS, the City Council recommends that Lauren Williams Mason be
nominated to serve as a member of the Board. of Directors of the Jefferson County
Appraisal District;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the City Council hereby nominates Lauren Williams Mason to the Board of
Directors of the Jefferson County Appraisal District.
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 10th day of
October, 2017.
- Mayor Becky Ames -
E
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: October 10, 2017
REQUESTED ACTION: Council consider a resolution approving an amendment to the
industrial district agreement with Air Liquide Large Industries US
L.P.
BACKGROUND
By Resolution No. 15-259 and on December 8, 2015, City Council approved and industrial
district agreement (IDA) with Air Liquide. There are 3 main amendments to the agreement.
Article I of the IDA is being amended to incorporate language to clarify the difference in
abatements between existing property and property that is currently in the construction
phase. The construction of a new air separation unit (ASU) was agreed to have a 100%
abatement through 2024. The property that is already in existence was originally included
in the agreement with no abatement, thus was paid at 100% of the value of the property in
2015-2017. Air Liquide has since requested that they receive the same type of abatement
agreement as other industrial district contracts with the City in which they pay 80% of
assumed taxes due on existing property for the first 3 years of the contract and then 75%
of the assumed taxes due on the last 4 years of the contract. That request has been
incorporated into this agreement.
2. The Notices section of the agreement is being updated with current company information.
3. Exhibit A is being updated to provide a legal description of the property in which is
receiving the abatements.
FUNDING SOURCE
Payments are accounted for in the General Fund.
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 an amended
Industrial District Amendment with Air Liquide Large Industries U.S., a Delaware limited
partnership. The agreement as amended is substantially in the form attached hereto as
Exhibit "1" 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 10th day of
October, 2017.
- Mayor Becky Ames -
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT
This Agreement is made under the authority of § 42.044 of the Texas Local
Governmenf Code.
The parties to the Agreement are The City of Beaumont, a municipal corporation
and a home -rule city located in Jefferson County, Texas, hereinafter called "City," and
Air Liquide Large Industries US L.P, a Delaware limited partnership, hereinafter called
"Company."
DDCAR I C
WHEREAS, City has established an industrial district comprising a certain part of
the extra -territorial jurisdiction of City, such industrial district being known as City of
Beaumont Industrial District (the "District")
WHEREAS, Company and/or its Affiliates (as hereinafter defined) owns and/or
leases land and improvements which are part of the manufacturing and industrial
facilities of Company and/or its Affiliates located within District, such land and
improvements (the "Property").
WHEREAS, Company recognizes the benefits of this Agreement and an
obligation to contribute to the revenue needs of said City in an amount commensurate
with the burdens placed upon City and benefits derived by Company by reason of being
located immediately adjacent to City.
Page 1
WHEREAS, Company and City desire to base the industrial district payment on
assessed value to ensure equity among the companies.
WHEREAS, City desires to encourage the addition of new improvements to the
Company's property located within the City of Beaumont Industrial District;
In view of the above and foregoing reasons, and in consideration of the mutual
agreements herein contained, Company and City hereby agree as follows:
ARTICLE I.
COMPANY'S OBLIGATION
1. The City of Beaumont granted Natgasoline, LLC 100% abatement for a term
of 2015 through 2024, on all new construction and improvements to existing facilities on
the herein described property. In November 2014, Natgasoline made a partial
Assignment of the abatement to Company through which after executing a ground lease
with Natgasoline, Company will construct, own, and operate an air separation unit
("ASU") as part -of Natgasoline's methanol project. The estimated value of the ASU is
$115 million. Such an assignment was allowed by the industrial district agreement
between the City of Beaumont and Natgasoline. Such new construction and
improvements will be abated at 100% through 2024.
re�.rzr .....n:t.
deSGFihed as pFopeFty T44at The abatement does not include the value of the existing
property owned by Company and in the City's extraterritorial jurisdiction related or
Page 2
unrelated to this new construction. Company shall be responsible for the paymeRt Of
valeFem taxes payment in lieu of taxes based upon the existing value of the property
and improvements currently existing on property leased from Natgasoline or any other
unrelated property in the ETJ as determined by the Jefferson County Appraisal District.
3. Company will make an annual payment to City on or before February 1St of
each such year computed based on 100% of the Assessed Value of the Company's
facilities and property, real, personal, and mixed, located on Company's land covered by
this Agreement (herein "the property") as provided herein (the "Annual Payment"). Upon
expiration of the abatement period, the Annual Payment shall include all property
covered by this Agreement.
4. "Assessed Value" means the 100% valuation of Company Property and
improvements thereon as determined by the Jefferson County Appraisal District for the
previous tax year.
5. "Assumed City Taxes Due" means the number obtained by the following
formula:
Assessed Value Less Improvement Value Subject to Abatement 1100 x
Current City Tax Rate = Assumed City Tax Due
6. In October of each year the Finance Officer for City shall obtain the most
recent Assessed Value as set by the Jefferson County Tax Appraisal District and such
Page 3
valuation shall be used for the Annual Payment due the following February; by way of
example, October 2015 Assessed Values would be used for the February 1, 2016
payment.
If the assessed values are in question and/or under litigation with the Jefferson
County Appraisal District, payment shall be computed on the most recent certified
values from the Jefferson County Appraisal District. The Company shall notify the City
following resolution of the appraised value question and an adjustment for the payment,
without interest, will be made within thirty (30) days following such resolution.
SA.
a) After the assessed value of the Company's properties has been determined, the
payments due hereunder shall be calculated in accordance with the following
schedule:
The 2015-2017 payments shall be 100% of assumed taxes due.
The 2018-2020 payments shall be 80% of assumed City taxes due.
The 2021-2024 payments shall be 75% of assumed City taxes due.
b) City shall bill Company for payments due hereunder on or before January 1 each
year. Company shall pay to City the amount billed on or before February 1 each
year. Upon receiving the final payment; the Finance Officer shall issue an official
receipt of said City acknowledging full, timely, final and complete payment due by
Page 4
said Company to City for the property involved in this Agreement for the year in
which such payment is made. If payment is not made on or before any due date,
the same penalties, interest, attorneys' fees and costs of collection shall be
recoverable by City as would be collectible in the case of delinquent ad valorem
taxes. Further, if payment is not timely made, all payments which otherwise
would have been paid to City had Company been in the city limits of City will be
recaptured and paid to City within 60 days of any such event.
APTI _i P n
PROPERTY COVERED BY AGREEMENT
This Agreement will reflect the intention of the parties hereto that this Agreement
shall govern and affect the properties of Company and/or its Affiliates (facilities, real,
personal, and mixed) located on the Property more particularly described in Exhibit "A",
which are within the extra -territorial jurisdiction of the City of Beaumont. "Affiliates" shall
mean any entity owned entirely or in part by Company.
ARTICLE III.
SALE BY COMPANY
(a) Company shall notify City of any sale of any or all of Company's facilities
to any person or entity. It is the intent of the parties that no sale of any of Company's
facilities will affect the amount to be paid to City as provided under this Agreement.
Accordingly, and 'as to payments due under this Agreement, no such sale shall reduce
the amount due City under this Agreement until the purchaser of such facility has
Page 5
entered into a contract in lieu of taxes with City that provides for a continuation of like
payments to City.
(b) Company shall have the right to assign, transfer or convey all, or any part
of, its rights, title and interest in the Agreement in connection with any transfer or
conveyance of title to all or any part of the properties subject to this Agreement to any
person or entity at any time of this Agreement; provided, however, that Company shall
provide City with written notice of such assignment. Company shall be relieved of its
obligations under this Agreement to the extent that an assignee expressly assumes
Company's obligations in a written instrument binding such assignee to City. Subject to
the preceding, this Agreement shall inure to the benefit of and be binding upon the
parties hereto and their respective successors and assigns.
ARTICLE IV.
CITY'S OBLIGATIONS
1. City agrees that it will not annex, attempt to annex or in any way cause or
permit to be annexed any portion of lands or facilities or properties of said Company
covered by this Agreement for the period of the Agreement except as follows:
(a) If the City determines that annexation of all or any part of the
properties covered by this Agreement belonging to said Company is reasonably
necessary to promote and protect the general health, safety and welfare of persons
residing within or adjacent to the City, the City will notify Company in accordance with
state law of the proposed annexation. In the event of such annexation, Company will
Page 6
not be required to make further payment under this Agreement for any calendar year
commencing after such annexation becomes final with respect to the property so
annexed, but shall nevertheless be obligated to make full payment for the year during
which such annexation becomes effective if the annexation becomes effective after
January 1st of said year.
(b) In the event any municipality other than the City attempts to annex
separately or in the event the creation of any new municipality shall be attempted so as
to include within its limits any land which is the subject matter of this Agreement, City
shall, with the approval of Company, seek immediate legal relief against any such
attempted annexation or incorporation and shall take such other legal steps as may be
necessary or advisable under the circumstances with all costs of such action being
borne equally by the City and by the said Company or companies with Company's
portion allocated on the basis of Assessed Values.
2. The City further agrees that during the term of this Agreement, there shall
not be extended or enforced as to any land and property of Company within said City of
Beaumont Industrial District, any rules, regulations, or any other actions: (a) seeking in
any way to control the platting and subdivisions of land, (b) prescribing any buildings,
electrical, plumbing or inspection standards or equipment, or (c) attempting to regulate
or control in any way the conduct of Company's activities, facilities or personnel thereof.
3. It is understood and agreed that during the term of this Agreement or any
renewals thereof, City shall not be required to furnish any municipal services to
Page 7
Company's property located within the City of Beaumont Industrial District; provided,
however, City agrees to furnish fire protection to Company should such protection be
requested by Company in the event an unusual emergency situation occurs.
ARTICLE V.
TERMINATION FOR BREACH
It is agreed by the parties to this Agreement that only full, complete and faithful
performance of the terms hereof shall satisfy the rights and obligations assumed by the
parties and that, therefore, in addition to any action at law for damages which either
party may have, Company shall be entitled to enjoin the enactment or enforcement of
any ordinance or charter amendment in violation of, or in conflict with, the terms of this
Agreement and shall be entitled to obtain such other equitable relief, including specific
performance of the Agreement, as is necessary to enforce its rights. It is further agreed
that should this Agreement be breached by Company, City shall be entitled, in addition
to any action at law for damages, to obtain specific performance of this Agreement and
such other equitable relief necessary to enforce its rights.
ARTICLE VI.
AFFILIATES
The benefits accruing to Company under this Agreement shall also extend to
Company's "parent," "affiliates" and to any properties owned or acquired by said parent
and affiliates within the area described in Exhibit "A" to this Agreement, and where
reference is made herein to land, property and improvements owned by Company, that
Page 8
shall also include land, property and improvements owned by its parent and/or affiliates.
The word "affiliates" as used herein shall mean all companies with respect to which
Company directly or indirectly, through one or more intermediaries at the time in
question, owns or has the power to exercise the control over fifty percent (50%) or more
of the stock having the right to vote for the election of directors. The word "parent" as
used herein shall mean all companies which directly or indirectly, through one or more
intermediaries at the time in question, owns or has the power to exercise control over
fifty percent (50%) of the stock having the right to vote for the election of directors of
Company.
2024.
ARTICLE VII.
TERM OF AGREEMENT
The term of this Agreement shall be for nine (9) years, expiring December 31,
NOTICES
Any notice provided for in this Agreement, or which may otherwise be required by
law shall be given in writing to the parties hereto by certified mail addressed as follows:
TO CITY TO COMPANY
City of Beaumont Air Liquide Large Industries US L.P.
Attn: City Manager Attn: Vice President Gulf Coast Pipeline
801 Main Street Property Tax
Beaumont, Texas 77704 9811 at Freeway,uite 100 PO Box 460149
Houston, Texas :7:7024 77056-8149
Page 9
IN WITNESS THEREOF, this Agreement, consisting of ten pages plus Exhibit "A" is
executed in duplicate counterparts as of this day of , 2017.
ATTEST:
Tina Broussard
City Clerk
ATTEST:
City of Beaumont
Kyle Hayes
City Manager
Air Liquide Large Industries US L.P
Mat
Page 10
Legal Description; 24.0000 Net Acre Tract or Parcel of Land
Pelham Humphrey Survey, Abstract No. 32
Jefferson County, Texas
BEING a 25.0000 acre gross tract or parcel of land situated in the Pelham Humphrey Survey, Abstract No.
32, Jefferson County, Texas and being out of and part of that certain tract of land as described in a deed
from the Beaumont Pasture Company to Wm. McFaddin, W.P.H. McFaddin, V. Wiess and W.W. Kyle as
recorded in Volume 11, Page 174, Deed Records, Jefferson County, Texas and also being out of and part of
that certain called 366.58 acre tract of land as described in a deed from W.P.H. McFaddin and wife, Ida
Caldwell McFaddin to W.P.H. McFaddin, W.P.H. McFaddin, Jr. and J.L.C. McFaddin, Trustees of the
McFaddin Trust as recorded in Volume 387, Page 208, Deed Records, Jefferson County, Texas, the same
that certain called 366.58 acre McFaddin-Wiens-Kyle Land Co. tract as shown on the Partition Map No. 1
of the McFaddin-Wiess-Kyle Land Co. as recorded in Volume 4, Page 198, Map Records, Jefferson
County, Texas and also being out of and part of that certain called 298.90 acre tract of land, identified as
Tract 3, as recorded in a "Special Warranty Deed" from Mary Kyle, et al. to Judy Waldo, et al. as recorded
in Film Code No. 105-20-0357, Official Public Records of Real Property, Jefferson County, Texas, and
also being out of and part of that certain called 60 acre tract of land as described in a "Special Warranty
Deed" from Kyle White to Mary Kyle as recorded in Clerk's File No. 2007030761, Official Public Records
of Real Property, Jefferson County, Texas, save and except that certain called one acre tract, identified as
Second Tract, as described in a deed from the McFaddin Wiess & Kyle Land Company to W.E. Brice as
recorded in Volume 55, Page 222, Deed Records, Jefferson County, Texas, the same being that certain
called 1.0 acre tract of land as described in a "Deed without Warranty" from IPLLC Centennial
Partnership, IPLLC Centennial Partnership 11 and Spindletop Renaissance, LP to F.CT. Cordts, Jr. as
recorded in Clerk's File No. 2008022302 and Clerk's File No. 2008022303, Official Public Records of
Real Property, Jefferson County, Texas, therefore leaving 24.0000 acres net, said tract being more
particularly described as follows:
NOTE: All bearings are referenced to the Texas State Plane Coordinate System South
Central Zone NAD83(CORS). All distances and acreages shown are surface. All set 518"
iron rods set with a cap stamped "M. W. Whiteley & Associates".
BEGINNING at a 518" iron rod found for the most Northerly corner of the tract herein described, said
corner being the most Northerly corner of the said 366.58 acre McFaddin-Wiess-Kyle Land Co. tract, the
most Northerly corner of the said 60 acre Kyle tract and said corner also being in the Southwesterly right-
of-way line of a L.N.V.A. canal (formerly known as McFaddin Canal No. 3) and said corner being in the
common line between the said Pelham Humphrey Survey and the John A. Veatch Survey, Abstract No. 55,
Jefferson County, Texas and said corner also being in the Southeasterly line of Block 40 of Spindletop
Heights Subdivision as recorded in Volume 1, Page 27, Map Records, Jefferson County, Texas and said
Block 40 being abandoned by the Commissioner's Court of Jefferson County on March 19, 1953 and
recorded in Volume 890, Page 633, Deed Records, Jefferson County, Texas;
THENCE SOUTH 51034'44" EAST, along and with the Southwesterly right-of-way line of the above
referenced L.N.V.A. canal and the Northeasterly line of the said 366.58 acre'McFaddin-Wiess-Kyle Land
Co. tract and the Northeasterly line of the said 60 acre Kyle tract, for a distance of 242.54 feet to a 5/8" iron
rod set for corner, and from said corner a 1" iron pipe found for the most Northerly comer of that certain
called 67.9106 acre tract, identified as Tract Two, as described in a "Special Warranty Deed" from Barco
Crushed Concrete, frit. to Martin Operating Partnership L.P. as recorded in Clerk's File No. 2007001379,
Official Public Records of Real Property, Jefferson County, Texas bears SOUTH 51°34'44" EAST a
distance of 954.54 feet;
25.0000 Acre Tract
THENCE SOUTH 41056'02" WEST, for a distance of 200.38 feet to a 5/8" iron rod set for corner;
THENCE SOUTH 02043134" EAST, for a distance of 1350.05 feet to a 5/8" iron rod set for corner, said
comer being in the Southeasterly line of the said 60 acre Kyle tract;
THENCE SOUTH 42°06'46" WEST, along and with the Southeasterly line of the said Kyle tract, passing
at a distance of 180.85 feet a 5/8" iron rod set for reference and continuing for a total distance of 432.00
feet to a point for corner (unable to set due to water);
THENCE NORTH 87058'48" WEST, for a distance of 354.39 feet to a point for corner (unable to set due
to water);
THENCE NORTH 04034'19" WEST, for a distance of 1265.24 feet to a point for corner (unable to set due
to water), said comer being in the Northwesterly line of the said 366.58 acre McFaddin-Wiess-Kyle Land
Co, tract and the Northwesterly line of the said 60 acre Kyle tract and being in the common line between
the said Pelham Humphrey Survey and the said John A. Veatch Survey, and said comer also being in the
Southeasterly line of Block 39 of the said Spindletop Heights Subdivision and said Block 39 being
abandoned by the Commissioner's Court of Jefferson County on March 19, 1953 and recorded in Volume
890, Page 633, Deed Records, Jefferson County, Texas, and said comer bears NORTH 41156102" EAST a
distance of 1828.60 feet from a 3/4" iron rod found for the most Easterly corner of that certain called
47.3482 acre tract of land as described in a "Special Warranty Deed with Vendor's Lien" from Sabine Gas
Operating Company to Coastal Caverns, Inc. as recorded in Clerk's File No. 2004031764, Official Public
Records of Real Property, Jefferson County, Texas and an exterior ell comer of that certain called 15.7893
acre tract of land as described in a "Special Warranty Deed" from PCS Phosphate Company, Inc. to
Centana Intrastate Pipeline Company as recorded in Clerk's File No. 9519110, Official Public Records of
Real Property, Jefferson County, Texas;
THENCE NORTH 41056'02" EAST, for the boundary between the said Pelham Humphrey Survey and the
said John A. Veatch survey, the same being the Southeasterly line of former Blocks 39 and 40 of the said
Spindletop Heights Subdivision and also along and with the Northwesterly line of the said 298.90 acre
Waldo, et al. tract, the same being the Northwesterly line of the said 366.58 acre McFaddin-Wiess-Kyle
Land Co. tract and the Northwesterly line of the said 60 acre Kyle tract, passing at a distance of 384.34 feet
a 5/8" iron rod set for corner and continuing for a total distance of 934.34 feet to the POINT OF
BEGINNING and containing 25.0000 acres gross, more or less, save and except the above referenced one
acre W.E. Brice tract as recorded in Volume 55, Page 222, Deed Records, Jefferson County, Texas, the
same being that certain called 1.0 acre tract of land as described in a "Deed without Warranty" from
IPLLC Centennial Partnership, 1PLLC Centennial Partnership lI and Spindletop Renaissance, LP to
E.G. Cordts, Jr. as recorded in Clerk's File No. 2008022302 and Clerk's File No. 2008022303, Official
Public Records of Real Property, Jefferson County, Texas, therefore leaving 24.0000 acres net, more or
less.
Surveyed on November 21, 2007. This legal description is being submitted along with a plat based on this
survey. A
A..J~0 1 `•�
j xx
Thomas S. Rowe, RPLS No. 5728 Ilk, ;� 11 1111
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W;2007k07-986W7-986IILR4ncreM&B.DtIC
25.0000 Acre Tract
Legal Description: 1.000 Acre Tract or Parcel of Land
Pelham Humphrey Survey, Abstract No. 32
Jefferson County, Texas
BEING a 1.000 acre tract or parcel of land situatedin the Pelham Humphrey Survey, Abstract
No. 32, Jefferson County, Texas and being all of that certain called one acre tract, identified as
Second Tract, as described in a deed from the McFaddin Wiess & Kyle Land Company to W.E.
Brice as recorded in Volume 55, Page 222, Deed Records, Jefferson County, Texas, the same being
that certain called 1.0 acre tract of land as described in a "Deed without Warranty" from IPLLC
Centennial Partnership, TPLLC Centennial Partnership II and Spindletop Renaissance, LP to E.G.
Cordts, Jr. as recorded in Clerk's File No. 2008022302 and Clerk's File No. 2008022303, Official
Public Records of Real Property, Jefferson County, Texas, said 1.000 acre tract being more
-particularly described as follows:
NOTE: All bearings are referenced to the Texas State Plane Coordinate System
South Central Zone NAD83(CORS). All distances and acreages shown are surface.
COMMENCING at a 5/8" iron rod found for the most Northerly corner of that certain called 366.58
acre McFaddin-Wiess-Kyle Land Co. tract as shown on the Partition Map No. 1 of the McFaddin
Wiess-Kyle Land Co. as recorded in Volume 4, Page 198, Map Records, Jefferson County, Texas
and also being the most Northerly corner of that certain called 60 acre tract of land as described in a
"Special Warranty Deed" from Kyle White to Mary Kyle as recorded in Clerk's File No.
2007030761, Official Public Records of Real Property, Jefferson County, Texas and said corner also
being in the Southwesterly right-of-way line of a L.N.V.A. canal (formerly known as McFaddin
Canal No. 3) and said corner being in the common line between the said Pelham Humphrey Survey
and the John A. Veatch Survey, Abstract No. 55, Jefferson County, Texas and said corner also being
in the Southeasterly line of Block 40 of Spindletop Heights Subdivision as recorded in Volume 1,
Page 27, Map Records, Jefferson County, Texas and said Block 40 being abandoned by the
Commissioner's Court of Jefferson County on March 19, 1953 and recorded in Volume 890, Page
633, Deed Records, Jefferson County, Texas;
THENCE SOUTH 41056'02" WEST, for the boundary between the said Pelham Humphrey
Survey and the said John A. Veatch survey, the same being the Southeasterly line of former
Blocks 39 and 40 of the said Spindletop Heights Subdivision and also along and with the
Northwesterly line of the said 366.58 acre McFaddin-Wiess-Kyle Land Co. tract and the
Northwesterly line of the said 60 acre Kyle tract, for a distance of 703.40 to a point;
THENCE SOUTH 48003'58" EAST, over and across the said. 366.58 acre McFaddin-Wiess-
Kyle Land Co. tract, and the said 60 acre Kyle tract, for a distance of 396.99 feet to a 5/8" iron
rod found for the most Northerly corner and the POINT OF BEGINNING of the tract herein
described;
THENCE SOUTH 30003'58" EAST, continuing for the boundary between the tract herein
described and the said 60 acre Kyle tract, for a distance of 208.71 feet to a 5/8" iron rod found
for corner;
1.000 Acre Tract
THENCE SOUTH 41056'02" WEST, continuing for the boundary between the tract herein
described and the said 60 acre Kyle tract, for a distance of 219.47 feet to a 5/8" iron rod, found
for corner;
THENCE NORTH 30003'58" WEST, continuing for the boundary between the tract herein
described and the said 60 acre Kyle tract, for a distance of 208.71 feet to a 5/8" iron rod found
for corner;
THENCE NORTH 4105602" EAST, continuing for the boundary between the tract herein
described and the said 60 acre Kyle tract, for a distance of 219.47 feet to the POINT OF
BEGINNING and containing 1.000 ACRES, more or less.
Surveyed on November 21, 2007. This legal description is being submitted along with a plat based
on this survey.
On
Thomas S. Rowe, RPLS No. 5728
W:-:0UT-17-988:07-986TRIIM&B.000 i_ j'/1 .•.....; •.,•
1.000 Acre Tract
RESOLUTION NO. 15-259
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute an Industrial District
Agreement with Air Liquide Large Industries U.S., a Delaware limited partnership. The
agreement is substantially in the form attached hereto as Exhibit "A" and made a part
hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of
December, 2915.
r }
�� Yt 3hS8G@ 7i��yF.yiJ
F
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Bart Bartkowiak, Chief Technology Officer 1�3
MEETING DATE: October 10, 2017
REQUESTED ACTION: Council consider a resolution for the renewal of an annual
maintenance agreement from Tyler Technologies for use by
Municipal Court.
BACKGROUND
Tyler Technologies' Incode court software is used by Municipal Court to maintain records for
case management software and to process all court transactions including citations, arraignments,
warrants, jury management, and payments. This purchase is exempt from competitive bidding
since it is available from only one (1) source having exclusive rights to modify and maintain the
software.
This agreement in the amount of $56,000 is for an annual period beginning October 2017.
FUNDING SOURCE
General Fund — Information Technology.
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 pay an invoice in the
amount of $56,000.00 to Tyler Technologies for the renewal of an annual maintenance
agreement for Municipal Court Incode software support beginning October, 2017.
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 10th day of
October, 2017.
- Mayor Becky Ames -
G
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Bart Bartkowiak, Chief Technology Officer
MEETING DATE: October 10, 2017
REQUESTED ACTION: Council consider a resolution approving the purchase of a data
storage system from Sirius Computer Solutions, Inc. for use in
Police, Fire and EMS 9-1-1.
BACKGROUND
Pricing was obtained through the State of Texas Department of Information (DIR). DIR provides
cities and political subdivisions with the means to purchase information technology at volume
prices contracted under the procurement statutes of the State of Texas.
The current data storage system that supports 9-1-1 dispatch software went live in January 2011.
This system has reached its end of life and will cost $58,792.90 to replace.
FUNDING SOURCE
Capital Reserve.
RECOMMENDATION
Approval of the resolution.
......... ....
Prepared for:
CITY OF BEAUMONT
801 MAIN STREET
BEAUMONT, TX 77701
Prepared By:
Spencer McGurk
Client Executive
Phone: 972-725-2070
Email: spencer.mcgurk@siriuscom.com
Quote Date: 09/26/17
Expires: 10/26/2017
CITY OF BEAUMONT - NETAPP 1 1T 3 YR under DIR-TSO-2636
Proposal #: PR223344.5
Sirius Computer Solutions, Inc.
10100 Reunion Place, Suite 500
San Antonio, TX 78216
All information provided in this proposal is the confidential and proprietary information of Sirius and may not be
disclosed, disseminated, or otherwise revealed, in whole or in part, to any party outside of CITY OF BEAUMONT.
/�'OPSIRIIUS
CITY OF BEAUMONT Sirius Computer Solutions, Inc.
78216
g� SIRI US 801 MAIN STREET San A Reunion Place, Suite Soil
/ BEAUMONT TX 77701 San Antonio, . om
www.siriuscom.com
Client Executive:
Quote Date: 09/26/17 Spencer McGurk
Expires: 10/26/2017 Phone: 972-725-2070
CITY OF BEAUMONT - NETAPP 1 1T 3 YR under DIR-TSO-2636 Email:
Proposal #: PR223344.5 spencer.mcgurk@siriuscom.com
Part #
Description
Qty
Ext. Sale Price
NETAPP 11TB 3 YR
SW -2 -CL -BASE
SW-2,Base,CL,Node
1
$0.00
FAS2650
HEADER LINE
1
$0.00
FAS265OA-002
FAS2650 HA System,Premium Bundle
2
$8,254.12
SW -2 -2650A -TPM -C
SW,Trusted Platform Module Enabled,2650A, C
2
$0.00
SW-2-2650A-NVE-C
SW,Data at Rest Encryption Enabled,2650A,-C
2
$0.00
FAS2650-1 01 -C
FAS2650,12x900GB,10K,-C
1
$7,099.45
DOC -2650-C
Documents,FAS2650,-C
1
$0.00
DATA -AT -REST -ENCRYPTION
Data at Rest Encryption Capable Operating Sys
2
$0.00
OS-ONTAPI-CAP2-PREM-IP-C
ONTAP,Per-0.1 TB, PREMBNDL,Perf,1P,-C
108
$8,717.76
X6589 -R6 -C
SFP+ Optical 10Gb Shortwave, -C
4
$1,056.52
X66250-5
Cable,LC-LC,OM4,5m
4
$675.44
X65668 -05-R6
Cable,Direct Attach CU SFP+ 10G,0.5M
2
$144.00
X66030A
Cable,12Gb,Mini SAS HD,0.5m
2
$197.44
X-02659-00
Rail Kit,4-Post,Rnd/Sq-Hole,Adj,24-32
1
$169.21
X800 -42U -R6
Power Cable, ln-Cabinet,C13-C14
2
$0.00
X6568 -R6 -C
SFP Copper 1 GB RJ -45,-C
4
$709.84
X6562 -R6
Cable,Ethemet,5m RJ45 CAT6
4
$31.36
CS-024HR
SupportEdge Premium 4hr Onsite
1
$5,948.87
NETAPP Swing Gear Rental
FAS2552A-201-R6
FAS2552,HA,24x600GB 10K SAS
1
$1,750.00
DS2246-1014-24S-R5
DSK SHLF,24x600GB,6G,10K,SAS
1
$1,611.11
FREIGHT2
Roundtrip freight to/from 77701
1
$427.78
Subtotal: $36,792.90
Shipping and Handling: $0.00
Total: $36,792.90
Unless otherwise noted, the price stated herein does not include applicable taxes, which may be added at the time of invoice. The price stated above for shipping and
handling is subject to change in the event Customer requests expedited shipping, whether such request is made before or after acceptance of this Purchase Authorization
by Customer.
This proposal is valid if ordered on or before 10/26/2017
Until Sirius receives and accepts a Purchase Order or this Purchase Authorization for the solution proposed, pricing provided in this Proposal is subject to change based on
manufacturer's pricing schedule. The Products contained on this Order may be delivered to the Customer through multiple shipments based upon supplier availability, and
Customer agrees to pay a partial payment of the total purchase price stated above for any such partial shipment of Products.
All of the information provided in this Proposal is considered confidential and proprietary between Sirius and CITY OF BEAUMONT. Information enclosed in this Proposal
may not be disclosed, disseminated, or otherwise revealed to any parry outside of CITY OF BEAUMONT or any party within CITY OF BEAUMONT who is not privileged to
receive such information, unless required by law.
Your contract number(s), currently on file, is as follows
Agreement Type: Customer Agreement
Agreement Number: DIR-TSO-2636
The provision of the maintenance services contained on this proposal will be controlled by the terms and conditions of the applicable manufacturer and/or maintenance
provider (hereinafter the "Provider"), and may be subject to auto -renewal if so provided in the applicable terms and conditions. Sirius does not guarantee any rights
of termination during the term of the maintenance services contained on this proposal or any renewal term, and all refund calculations are determined solely by the
applicable Provider. In the event any or all of these maintenance services are terminated in accordance with the terms and conditions of the applicable Provider,
Sirius will, at Customer's option, (1) pass through to Customer all applicable credits paid to Sirius by the applicable Provider, net any related costs, or (2) hold i
such applicable credits on account for future purchases by Customer. If the maintenance services contained on this proposal cover multiple hardware or software
components,
any discounts provided in this proposal may vary between such components, and all pricing information is confidential and proprietary information of the applicable
Provider.
Proposal #: PR223344.5
s `' _ ° • �� *gun , �*
�"954yAi,�. -
Sirius Confidential
a
� SIRIIUS
PURCHASE AUTHORIZATION
This Proposal is subject to the terms and conditions of the above referenced Agreement(s). Acceptance of this Proposal by an authorized representative of CITY OF
BEAUMONT will be deemed the equivalent of a Client Purchase Order, which will authorize Sirius to order the Products and Services listed in this Proposal.
Accepted by:
CITY OF BEAUMONT
Signature of Authorized Representative
Printed Name
Title of Authorized Representative
Date Signed
Ship to Address:
Ship to contact(Name,Phone and Email) :
Proposal
abs a r
Approved by:
Sirius Computer Solutions, Inc.
Signature of Authorized Representative
Bonnie M. Cerrito
Printed Name
Sr. Vice President - Contracts & Financial Services
Title of Authorized Representative
Date Signed
Bill to Address:
Bill to contact(Name,Phone and Email) :
Statement of Work
City of Beaumont
NetApp Migration Services
This Statement of Work ("SOW") is made by and between Sirius Computer Solutions, Inc., ("Sirius") and City of
Beaumont ("Customer") for the provision of certain professional services as more fully described herein, ("Services").
Customer and Sirius expressly acknowledge and agree that this SOW is incorporated by reference into, and made a
part of, Sirius Customer Agreement #1-99PN-CA (the "Agreement"). In the event of conflict, the terms of the
Agreement shall control unless otherwise expressly provided herein.
SCOPE OF SERVICES
Implementation NetApp 2600 C -MODE
1. Conduct a planning and hardware/software assurance
2. Document hosts systems that require attachment
3. Advise customer on raid, raid group, and aggregate options
4. Work with the customer to inventory the delivered equipment and verify all components and options were
received
5. Register all equipment with the vendor's support portal
6. Advise customer of cabling requirements and verify proper installation
7. Install equipment in customer's equipment rack
8. Create cluster on Node 1
9. Install and verify purchased license keys
10. Join node 2 to newly created cluster
11. Configure all system base settings time zone, failover, auto support, NTP and remote management and
administration
12. Upgrade Data ONTAP to the agreed upon target version
13. Configure aggregates, RAID groups, volumes, and spares as discussed during the planning and assurance
meetings
14. Configure all licensed protocols
15. Verify data access of all required protocols in preparation of Data Migration
16. Test cluster failover and auto support settings
17. Cluster -Mode Administration knowledge transfer
NetApp Migration Assistance
1. Conduct a data migration planning session
2. Ensure functionality of all protocols in preparation for migration
3. Install 7 Mode Transition Tool (7MTT) on customer provided CIFS, NFS and LUN migration
4. Migrate all volumes identified by customer from existing FAS2240 to FAS2600
5. Migrate all archive data from existing 7 -Mode FAS3200 to C -Mode FAS2600 temporarily for FAS3200 upgrade
6. Migrate all archive data back to FAS2600 from the FAS2600 after C -Mode upgrade is complete
7. Perform data migration cutover on determined schedule
8. Work with customer to determine data access is correct on all clients
NetApp OnTap Upgrade to C -MODE of existing FAS3220
1. Conduct a planning meeting
2. Identify and document NetApp controllers
3. Identify and document attached networking hardware (IP and FCP)
4. Review physical cabling, configuration, and attachment of systems
5. Review all relevant code levels and provide upgrade recommendations for NetApp systems:
a. Data ONTAP
b. Disk Firmware
c. Shelf Firmware
d. ACP Firmware
e. RLM/BMC/SP Firmware
f. Motherboard Firmware
Page 1 of 7 Sirius Proprietary and Confidential
City of Beaumont - NetApp Migration Services - 82232 - 9.26.17
Statement of Work.
6. Update code levels as discussed in planning meetings
Snapmirror
1. Install primary and secondary SnapMirror licenses on each controller
2. Identify Snapmirror relationships
3. Identify Snapmirror relationship schedules
4. Identify Snapmirror retention/snapshot requirements
5. Perform the configuration of the SnapVault services, Snapmirror relationship configuration
6. Perform Snapmirror relationship definition, initialization, and baseline transfer of data.
7. Perform verification testing of:
a. Functioning data backup and recovery
b.. Data access on SnapVault/Snapmirror destination system
ACCEPTANCE CRITERIA
This SOW will be deemed complete when the above tasks have been accomplished.
RESPONSIBILITIES
SIRIUS
Sirius Responsibilities
1. Staff this effort with appropriately skilled individuals to perform the Services.
2. Promptly notify Customer of any unsafe condition about which Sirius has knowledge.
3. If applicable, document each task necessary to complete the Services and send a final report to Customer when
such tasks are completed.
Customer Responsibilities
1. Customer agrees that the acceptance criteria for this project will be met when all deliverables have been
completed and accepted.
2. Back-up all data, software, operating systems, software configurations and networking configurations in
preparation for and during the performance of the Services. Sirius shall not be liable for any lost, damaged or
corrupted data.
3. Have the appropriate software and hardware available at the beginning of the project and ensure that the
necessary hardware environment (operating system, network, ports) is configured appropriately and is stable.
4. Customer will be responsible for data migration unless specified in the scope of services.
5. Prior to Sirius Consultant coming on-site for services, provide resource contact information; names, phone
numbers, email addresses and location.
6. Provide Sirius with known scheduled outages, resource unavailability and project specific information for the
development of a cohesive project schedule.
7. Provide Sirius with access to Customer's facilities and appropriate resources as reasonably necessary for Sirius
to fulfill its obligations hereunder, including but not limited to: an adequate work area, network access (including
Internet access), telephones, terminal, access to PC-based printer, remote access to systems (if applicable).
8. Promptly notify Sirius of any unsafe condition about which Customer has knowledge and to which Sirius resources
could be exposed.
9. Promptly notify Sirius of any accidents or injuries involving Sirius employees or subcontractors assigned to
Customer.
10. Promptly inspect and accept Services and/or Deliverables upon completion by Sirius.
DELIVERABLES
This SOW will produce the following specific deliverables and/or objectives ("Deliverables"). Costs contained in this
SOW were created based on these Deliverables and objectives only. Tasks, deliverables and responsibilities not
explicitly addressed within this SOW are beyond its scope and can only be provided pursuant to the change process
described herein or pursuant to a separate SOW as mutually agreed to by both parties. Except as explicitly set forth
in this SOW, Sirius shall have no obligation to provide maintenance or support services for Deliverables or to modify
or remediate Deliverables in any manner following Customer's acceptance thereof.
Page 2 of 7 Sirius Proprietary and Confidential
City of Beaumont - NetApp Migration Services - 82232 - 9.26.17
Statement of Work
1. Functioning hardware and/or software as outlined in the "Scope of Services" section
2. Knowledge transfer
ASSUMPTIONS
Sirius has created this SOW under the following assumptions. If one or more of these assumptions proves to be
invalid, costs and other project factors may be impacted.
1. Where appropriate, knowledgeable resources will be made available for functional questions and making
business decisions. It is also expected that Customer staff will participate throughout the implementation.
2. Unless otherwise agreed, Sirius reserves the right to subcontract any or all portions of the Services contemplated
pre -approved by Customer.
3. Performance of the Services defined by this SOW are not subject to any provisions of the laws, acts, or regulations
listed below and shall not require Sirius to create, receive, use, disclose, or in any way take control or possession
of any information identified in such laws, acts or regulations:
a. Personal Information as defined by 201 Code of Massachusetts Regulation 17.00 (or any similarly
defined information under an applicable state law);
b. Nonpublic Personal Information as defined by the Gramm -Leach -Bliley Act;
c. Personally Identifiable Information as defined by the Family Educational Rights and Privacy Act;
d. Cardholder Data as defined by Payment Card Industry (PCI) Data Security Standards; or
e. Protected Health Information, Electronic Protected Health Information, or Individually Identifiable Health
Information as defined by the Health Insurance Portability and Accountability Act and the Health
Information Technology for Economic and Clinical Health Act.
4. Sirius may deliver services at Customer location or a remote location.
5. If knowledge transfer is listed as a deliverable, it should be noted that such knowledge transfer is not a
replacement for classroom training but is intended to help the Customer gain a working knowledge of
implementation details specific to their environment. Customer should consider attending training provided by
the manufacturer.
6. This SOW will be scheduled around local resource availability. If, due to Customer's schedule, a local resource
cannot be used, Customer will be charged for reasonable out-of-pocket travel and living expenses, and a Change
Request for this SOW will be submitted to Customer for their acknowledgment.
SCHEDULE
Sirius and Customer will determine a schedule for work to be performed once execution of this SOW occurs. This
schedule will include expected response times for both Sirius and the Customer to review and complete tasks. Sirius
will use commercially reasonable efforts to timely complete the Services in accordance with the agreed upon
schedule. Sirius will not be liable for any delays in performance related to Customer's failure to perform its obligations
under this SOW or Customer's failure to make any facilities or equipment necessary for performance available to
Sirius. In the event any delays in performance result in additional charges under this SOW, said charges will be
agreed upon in a Change Request using the process detailed below.
Services Costs
The Services will be provided for a fixed price of $22,000.00. Customer will be invoiced upon completion of the
Services.
Page 3 of 7 Sirius Proprietary and Confidential
City of Beaumont - NetApp Migration Services - 82232 - 9.26.17
Statement of Work
RIDS
Travel Costs
Travel costs are included in the Services costs above provided two weeks' notice is given to Sirius.
SERVICES COORDINATION
Customer designates the following authorized representative assigned to serve as the primary point of contact for
communication, issue escalation, contract administration, project scope change administration, and acceptance of
Deliverables and/or Services as set forth herein.
Custorrier's,tborfzed::Representatiue .l�mi[. A+ddres�
Rodney Hudgins rhudgins@beaumonttexas.gov
SITE OF PERFORMANCE
Performance of the Services may be at the following Customer location(s) or may be performed from a remote location
on the system located at the address listed below:
Servides.Loct id s
:.
Bill To . ..',.. :
801 Main St., Ste. 315
Beaumont, TX 77701
801 Main Street
Beaumont, TX 77701
ACCEPTANCE
Upon completion of the Services, Sirius will submit a Completion Document in a form set forth at Exhibit A. Customer
will return the Completion Document in accordance with its instructions within three (3) business days from the date
of receipt thereof. If Customer reasonably believes that Sirius failed to substantially complete the Services in
accordance with this. SOW, Customer will notify Sirius in writing of its reasons for rejection of the Services or any
portion thereof within three (3) business days from Customer's receipt of the Completion Document. If Sirius does
not receive the signed Completion Document or written notification of the reasons for rejection within three (3)
business days of Customer's receipt thereof, the absence of Customer's response will constitute Customer's
acceptance of the Services and a waiver of any right of rejection.
CHANGE REQUESTS
From time to time Customer may request, or Sirius may propose, that Sirius implement a change to the Services
reflected in this SOW including, without limitation, (a) a change to the scope of Services, or (b) a change in the
prioritization or manner in which Sirius is performing the Services (each, a "Change"). In the event of the occurrence
of a mutually agreed Change, Sirius shall prepare and provide to Customer a proposed change order. Sirius shall
include in the proposed change order the effect, if any, the Change will have on Sirius' schedule of delivery of the
Services, and if there will be any effect on the estimated cost or other'Customer payments. Sirius shall not be
responsible or liable for any delays, costs or damages resulting from Customer's rejection of, or delay in approving,
a proposed change order relating to a Change. In the event the authorized representative of Customer requests that
Sirius perform work without a mutually agreed upon change order, Customer shall compensate. Sirius for the
additional fees and expenses incurred by Sirius related thereto. In the event the Customer desires to retain Sirius for
additional services outside the scope of the Services to be provided hereunder, Customer and Sirius agrees to
execute and deliver such additional statements of work to evidence the additional services to be provided by Sirius.
NO SOLICITATION
Upon Customer's signature of this SOW and for a period of one year following completion, expiration or termination
of this SOW, neither party will, directly or indirectly, solicit to employ or employ any of the current employees or
independent contractors of the other party (or subcontractors or independent contractors) who are involved in the
performance of Services under this SOW, without obtaining the prior written consent of such party. Notwithstanding
the foregoing, solicitation of a party's current employees, subcontractors or independent contractors who are not
Page 4 of 7 Sirius Proprietary and Confidential
City of Beaumont - NetApp Migration Services - 82232 - 9.26.17
Statement of Work
involved in the performance of Services under this SOW by means of a general media solicitation or trade
publication or advertisement shall not constitute a breach of this provision. This provision will survive the
completion, expiration, or termination of this SOW and/or the Agreement.
INTELLECTUAL PROPERTY
RI.US;
Upon full payment of all amounts due Sirius under this SOW and the Agreement, Customer shall own all rights, title,
and interest in and to the Deliverables and all changes, modification or improvements related thereto, developed by
Sirius under this SOW. Sirius hereby grants, sells, assigns, and conveys to Customer all rights of Sirius in and to the
Deliverables and the tangible and intangible property rights relating to or arising out of the Deliverables, including,
without limitation, patent, copyright, trade secret, trademark, and other proprietary rights. Deliverables shall not
include, and the transfer of any rights hereunder shall not apply to, Background Technology (as hereinafter defined)
or any software, materials or other technology which is owned or controlled by a third party ("Third Party Technology").
"Background Technology" means all processes, tools, works of authorship, programs, data, utilities or other
intellectual property, in whatever form, that Sirius prepared or had prepared outside the scope of the Services
provided hereunder and are included in, or necessary to, the Deliverable. Sirius Background Technology, working
papers, scripts, proprietary methodology and confidential information belong exclusively to Sirius, including to the
extent included in the Deliverable. Customer is granted a nonexclusive license to use Sirius Background Technology
or Third Party Technology for the limited purpose of implementing the Deliverable for Customer's internal purposes.
PROPRIETARY AND CONFIDENTIAL
This SOW contains confidential and proprietary information of Sirius and its vendors. Information contained in this
SOW may not be disclosed, disseminated, or otherwise revealed to any party outside of Customer or any party within
Customer who is not privileged to receive such information without the express written permission of Sirius or as may
be required by law. There is no obligation to maintain the confidentiality of any information which was known to
Customer prior to receipt of such information from Sirius, or becomes publicly known through no fault of Customer,
or is received without obligation of confidentiality from a third party owing no obligation of confidentiality to Sirius.
Page 5 of 7 Sirius Proprietary and Confidential
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Statement of Work
ACCEPTANCE & AUTHORIZATION
This SOW expires if not signed by Customer and returned to Sirius (as set forth below) within thirty (30) days of
September 26, 2017. However, this SOW shall not be binding or effective until countersigned by Sirius. If
performance of the Services does not commence within ninety (90) days of the date hereof, this SOW will
automatically terminate in the absence of a written amendment rescheduling the Services. Please indicate your
acceptance of this SOW by signing below and returning to:
Services Operations Team by email to Brandon. Garwood(cDsiriuscom.com. Please note, all pages of SOW are
required.
CITY OF BEAUMONT
By:
Name:
Title:
Date:
PO# (if applicable):
SIRIUS COMPUTER SOLUTIONS, INC.
By:
Name: Bonnie M. Cerrito
Title: Sr. VP — Contracts and Financial Services
Date:
SOW Number: 82232
Page 6 of 7 Sirius Proprietary and Confidential
City of Beaumont - NetApp Migration Services - 82232 - 9.26.17
r
Exhibit A
This is a SAMPLE version only, not to be signed
Completion Document ' SIRIUS`,
A&
Customer will return this Completion Document in
receipt hereof. If Customer reasonably believes th
with the referenced SOW, Customer will notify Siriu:
thereof within the time frame set forth in the SOW. If
notification of the reasons for rejecti thin the tir
absence of Customer's response Cu
rejection.
Authorization: Services described
the referenced StatemenLDf Work.
CUSTOMER NAME
Signature
leted
leted
leted
leted
leted
Nrea
tions on the original SOW from the date of
tially complete the services in accordance
for rejection of the services or any portion
receive the signed Completion Document or written
original SOW of Customer's receipt hereof, the
a nce of the services and a waiver of any right of
been re71Kd to Customer's satisfaction and will be charged against
Date
nt) in Title
RE71111OMTRUCTIOIW If you have any questions or concerns, please contact the Sirius Personnel listed above;
otherwise, please sign ag�urn this form to that individual.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of a data storage system, for use
by Police, Fire and EMS 9-1-1, from Sirius Computer Solutions, Inc., through the State
of Texas Department of Information Resources (DIR) contract, in the amount of
$58,792.90.
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 10th day of
October, 2017.
- Mayor Becky Ames -
H
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: October 10, 2017
REQUESTED ACTION: Council consider a resolution authorizing a one year contract with
the Art Museum of Southeast Texas in the amount of $180,000 for
FY 2018.
BACKGROUND
The City of Beaumont (City) and the Art Museum of Southeast Texas (AMSET) entered into a
lease agreement on December 30, 1986 whereby the City and AMSET agreed to a 99 -year lease
on the land and building to be used as an art museum. The City supports AMSET with annual
allocations, major maintenance on the facility in accordance with the lease agreement, and
garbage removal. In return, AMSET is open to the general public and strives to provide
programs and services to the entire community.
FUNDING SOURCE
$80,000 from the Hotel Occupancy Tax Fund and $100,000 from the General Fund.
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 one-year financial
assistance agreement, substantially in the form attached hereto as Exhibit "A," between
the Art Museum of Southeast Texas (AMSET) and the City of Beaumont in the amount
of $180,000 for FY 2018.
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 10th day of
October, 2017.
- Mayor Becky Ames -
AGREEMENT FOR THE OPERATION OF AN ART MUSEUM
WHEREAS, the Art Museum of Southeast Texas, a Texas non-profit corporation,
hereinafter referred to as "Museum", and the City of Beaumont, a municipal corporation
of the State of Texas, hereinafter referred to as "City", agree as follows:
1.
City hereby hires and engages Museum to operate an art museum open to the
public on the premises leased from the City and described in the lease between the
parties dated December 30, 1986 and made a part hereof for all purposes (herein "the
premises"). Museum agrees to accept such hiring and hereby agrees to operate such
art museum.
2.
This agreement shall be for a term of one year commencing October 1, 2017.
The City agrees to pay museum the sum of Forty -Five Thousand Dollars ($45,000) per
quarter. Of the total annual sum of One -Hundred Eighty Thousand ($180,000) Dollars,
Eighty Thousand ($80,000) Dollars will be derived from the Hotel Occupancy Tax
authorized by Tax Code Section 351.001 et.seq. which requires that such funds be
expended for arts and historical events or projects that directly enhance and promote
tourism and the convention and hotel industry.
3.
Expenditure of the Eighty Thousand ($80,000) Dollars from Hotel Occupancy Tax
(HOT) funds shall be related to the purposes established by Tax Code Section
351.101(a)(4).
EXHIBIT "A"
9
Funding under this contract will require that should a seminar be held during the
term of this contract designed to assure that expenditures of Hotel Occupancy Tax
funds are made in compliance with the Act, a representative of the Museum will attend
the seminar.
5.
The Museum shall submit quarterly reports in the format provided by the City
reflecting the activities of Museum as they relate to the HOT funds authorized in this
contract.
A
City or Museum may terminate this Agreement for cause if either party defaults in
the performance of any covenant or condition of this Agreement. Prior to such
termination, City or Museum must provide the other party with written notice of such
default and if the party does not cure the default within fifteen (15) days after the giving
of notice the party giving such notice may terminate the Agreement by written notice.
rA
City shall allow Museum and its employees, volunteers, patrons and guests to
use fifty (50) designated parking spaces in the City owned parking lot lying directly to
the east across Main Street from the premises during periods of use of the premises.
Otherwise such spaces may be used for City's Civic Center and theater event parking.
In addition, the City shall provide free parking for buses transporting school children to
the art museum. Said parking places to be as available and as directed by the City's
Civic Center director at a site convenient to the Museum. Parking spaces on the
premises shall be available for City's use during periods when the premises are not in
actual use.
A
The Museum agrees to indemnify, hold harmless and defend, at its own
expense, the City of Beaumont and its officers, agents, servants and employees, from
and against any and all claims, causes of action and damages of every kind arising out
of or in conjunction with the execution, performance attempted performance or non-
performance of this contract or from the operations and actions of the Art Museum of
Southeast Texas (AMSET), its officers, agents and employees and specifically including
herein any and all acts of negligence by the City of Beaumont, its agents, officers or
employees carried out under the terms of this agreement.
IN WITNESS, WHEREOF City and Museum have executed or caused to be
executed by their authorized officers or agents this Agreement on the day of
, 2017.
CITY OF BEAUMONT ART MUSEUM OF SOUTHEAST TEXAS
Kyle Hayes
City Manager
ATTEST:
in
City Clerk
By:
Name:
Title:
ATTEST:
By: _
Name:
Title:
1
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: October 10, 2017 e--///
REQUESTED ACTION: Council consider a resolution authorizing a one year contract with
the Texas Energy Museum in the amount of $95,000 for FY 2018.
BACKGROUND
The City is entitled to utilize revenues derived from the hotel -motel occupancy tax for historic
preservation and the promotion of tourism. The Texas Energy Museum meets the above criteria
by highlighting the history, along with current developments, of the oil industry in the Southeast
Texas region.
FUNDING SOURCE
Hotel Occupancy Tax Fund.
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 one-year financial
assistance agreement, substantially in the form attached hereto as Exhibit "A," between
the Texas Energy Museum and the City of Beaumont in the amount of $95,000 for FY
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 10th day of
October, 2017.
- Mayor Becky Ames -
STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT
This agreement between the City of Beaumont, a municipal corporation, herein
called "City", and the Texas Energy Museum, herein called "TEM", is as follows:
WITNESSETH:
WHEREAS, V.T.C.A., Tax Code Section 351.001 et.seq., authorizes the City to
levy by ordinance, a hotel tax which may not exceed seven percent (7%) of the
consideration paid by a hotel occupant; and
WHEREAS, V.T.C.A. Tax Code Section 351.101 (a)(5), authorizes the City to
use a portion of the revenues derived from its hotel occupancy tax for historical
restoration and preservation projects or activities or advertising and conducting
solicitation and promotional programs to encourage tourists and convention delegates
to visit preserved historic sites or museums at or in the immediate vicinity of convention
center facilities or located elsewhere in the municipality or its vicinity that would be
frequented by tourists; and, for projects that directly enhance and promote tourism and
convention activities.
WHEREAS, under the authority of V.T.C.A. Tax Code Section 351.101(a)(5), the
City desires to provide financial assistance to TEM.
NOW, THEREFORE, the City and TEM agree as follows:
1. City agrees to pay to TEM the amount of Ninety -Five Thousand ($95,000)
Dollars. The payment provided for herein will be made quarterly in the amount of
Twenty -Three Thousand Seven -Hundred ($23,750) Dollars per quarter commencing
October 1, 2017 from funds as available and collected from the hotel occupancy tax.
EXHIBIT "A"
Any funds not expended by TEM will be retained by TEM to be reallocated for
similar purposes by approval of City.
2. All expenditure of funds shall be reasonably related to the purposes
established by V.T.C.A. Tax Code Section 351.101(a)(5).
3. The TEM is an independent contractor and is not an officer, agent or
employee of the City.
4. In return for the payments provided for herein, TEM agrees to operate for the
period October 1, 2017 to September 30, 2018.
5. The TEM shall submit quarterly reports in the format provided by the City
reflecting the activities of TEM as they relate to this contract. The TEM shall submit
such reports quarterly commencing January 15, 2018.
6. The City Manager of City or his designated representative shall, upon
reasonable notice, have the right to inspect all books and records of the TEM.
7. Upon termination of this agreement or any extension thereof, unless it be
renewed, the TEM shall deliver to the City all funds paid under this contract that it may
have and all removable personal property that may have been purchased with funds
derived from said tax.
8. Funding under this contract will require that should a seminar be held during
the term of this contract designed to assure that expenditures of Hotel Occupancy Tax
funds are made in compliance with the Act, a representative of TEM will attend the
seminar.
9. TEM agrees to indemnify, save harmless, and defend the City of Beaumont
from any and all claims, causes of action and damages of every kind arising from the
operations of TEM, its officers,. agents and employees, including the officers, agents,
and employees involved in TEM operation and specifically including herein any and all
acts of negligence by the City of Beaumont, its agents, officers or employees, carried
out under the terms of this agreement.
EXECUTED this the day of , 2017.
CITY OF BEAUMONT
la
ATTEST:
City Clerk
Kyle Hayes
City Manager
TEXAS.ENERGY MUSEUM, INC.
IS
Name:
Title:
ATTEST:
MR
Name:
Title:
J
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: October 10, 2017
REQUESTED ACTION: Council consider a resolution authorizing a one year contract with
BUILD, Inc., Beaumont Main Street in the amount of $75,000 for
FY 2018.
BACKGROUND
The Beaumont Main Street program has established a partnership between public and private
sectors that is dedicated to the revitalization of Beaumont's historic Central Business District.
The annual contribution from the City will be matched with other local funds and used to
promote downtown business development and retention.
FUNDING SOURCE
General Fund.
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 one-year financial
assistance agreement, substantially in the form attached hereto as Exhibit "A," between
BUILD, Inc., Beaumont Main Street and the City of Beaumont in the amount of $75,000
for FY 2018.
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 10th day of
October, 2017.
- Mayor Becky Ames -
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This agreement is made and entered into by and between the City of Beaumont,
Texas, a municipal corporation of the State of Texas, hereinafter called "City", acting
herein by and through its duly authorized City Manager, and BUILD, Inc., Beaumont
Main Street, a non-profit corporation, hereinafter called 'BUILD", acting herein by and
through its President.
WHEREAS, the City believes that economic development and downtown
revitalization are crucial to the continued economic success of City and believes that
BUILD should be retained to carry out a program of work on behalf of City to accomplish
these goals;
NOW, THEREFORE, in consideration of the mutual promises made herein, the
City and BUILD agree as follows:
STATEMENT OF WORK
City does hereby enter into a contract with BUILD to provide a comprehensive
range of plans and projects in Beaumont directed at economic development and
downtown revitalization by:
a) promoting the physical and social development, redevelopment and
economic well being of downtown Beaumont;
b) creating an environment in the downtown area which is conducive to
residential, commercial, employment, recreational and cultural -artistic revitalization;
c) attracting new employers;
EXHIBIT "A"
d) complying with all provisions of the Contract for Services - Urban Main
Street program between BUILD and the Texas Historical Commission.
COMPENSATION
City hereby agrees to pay to BUILD during the term of this agreement Seventy-
five Thousand Dollars ($75,000) from the City's General Fund. BUILD agrees to raise
at least Seventy -Five Thousand ($75,000) in additional funding from the private sector
to match the City's financial commitment.
DISBURSEMENT
Payment to BUILD will be made on a reimbursement basis and those payments
will be supported by proper verifiable documentation. -
RECORDS AND REPORTS
BUILD shall submit quarterly reports in the format provided by the City reflecting
their activity as they relate to this contract. BUILD shall submit such reports quarterly
commencing January 15, 2018.
SUSPENSION AND TERMINATION
The term of this agreement will be October 1, 2017, through September 30,
2018. Suspension and/or termination may occur if BUILD fails to comply with any or all
provisions of this agreement or for convenience.
INDEPENDENT CONTRACTOR
BUILD is an independent contractor and is not an officer, agent, or employee of
the CITY.
ACCESSIBILITY OF RECORDS
The City retains the right to inspect and/or audit the records of BUILD, Inc. as
they consider necessary to assure compliance with this agreement.
LOSS, DAMAGE, PERSONAL INJURY
BUILD agrees to indemnify, hold harmless and defend, at its own expense, the
City of Beaumont and its officers, agents, servants and employees, from and against
any and all claims, causes of action and damages of every kind arising out of or in
conjunction with the execution, performance attempted performance or non-
performance of this contract or from the operations and actions of BUILD, Inc., its
officers, agents and employees and specifically including herein any and all acts of
negligence by the City of Beaumont, its agents, officers or employees carried out under
the terms of this agreement.
EXECUTED in'duplicate originals this the day of , 2017..
ATTEST:
City Clerk
CITY OF BEAUMONT
City Manager
"CITY"
BUILD, INC.
BEAUMONT MAIN STREET
By:
Executive Director
"BUILD"
ATTEST:
By: _
Name:
Title
K
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: October 10, 2017 41
REQUESTED ACTION: Council consider a resolution authorizing a one year contract with
the Southeast Texas Arts Council (SETAC) in the amount of
$50,000 for FY 2018.
The City is entitled to utilize revenues derived from the hotel -motel occupancy tax to promote
the arts. The city provides funding to SETAC to offset a portion of the production of the
magazine "Off Ramp" highlighting local events and "Tear Off' Attraction Maps for distribution
to hotels. Funds are also provided to SETAC as a flow-through to other programs and exhibitions
that bring artists to the area and promote the rich musical heritage of the area. SETAC ensures
Hotel Occupancy Tax funds are used appropriately by the receiver programs and exhibitions.
Remaining funds are used for operating expenses.
FUNDING SOURCE
Hotel Occupancy Tax Fund.
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 one-year financial
assistance agreement, substantially in the form attached hereto as Exhibit "A," between
the Southeast Texas Arts Council (SETAC) and the City of Beaumont in the amount of
$50,000 for FY 2018.
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 10th day of
October, 2017.
I
- Mayor Becky Ames -
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT
This agreement between the City of Beaumont, a municipal corporation,
herein called "City", and the Southeast Texas Arts Council, a Texas non-profit
corporation, herein called "Council', is as follows:
WITNESSETH
WHEREAS, V.T.C.A. Tax Code Section 351.001 et.seq., authorizes the City
to use revenue derived from its hotel occupancy tax "for general promotional and tourist
advertising of the city and its vicinity and conducting a solicitation and operating
program to attract conventions and visitors, either by the City or through contracts with
persons or organizations selected by the City; and,
WHEREAS, V.T.C.A. Tax Code Section 351.101(a)(4), authorizes the City to
use a limited portion of the revenue derived from its hotel occupancy tax for the
encouragement, promotion, improvement and application of the arts, including
instrumental and vocal music, dance, drama, folk art, creative writing, architecture,
design and allied fields, painting, sculpture, photography, graphic and craft arts, motion
pictures, radio, television, tape and sound recording, and other arts related to the
presentation, performance, execution and exhibition of these major art forms; and, for
projects that directly enhance and promote tourism and the convention industry.
WHEREAS, the Southeast Texas Arts Council is the proper organization to
provide assistance in the responsible distribution of public funds for support of the arts
in Beaumont;
Page 1
EXHIBIT "A"
Now, Therefore, the City and the Council agree as follows:
1. The payment of the total amount of Fifty Thousand ($50,000) Dollars by City
to Council will be made from funds as available and as collected from the Hotel
Occupancy Tax. Payments of Four -Thousand One -Hundred Sixty -Seven Dollars
($4,167) will be made monthly for eleven (11) months commencing October 1, 2017,
and one final monthly payment of Four -Thousand One -Hundred Sixty -Three Dollars
($4,163).
Any funds not expended for the projects and purposes approved will be
retained by the Council to be reallocated for similar arts purposes by approval of the
City.
2. All expenditure of funds from the Hotel Occupancy Tax shall be reasonably
related to the purposes established by V.T.C.A. Tax Code 351.101(a)(4).
3. The Council is an independent contractor and is not an officer, agent or
employee of the City.
4. The Council shall submit quarterly reports in the format provided by the City
reflecting the activities of the Council as they relate to this contract. The Council shall
submit such reports quarterly commencing January 15, 2018.
5. The City Manager or his designated representative shall, upon reasonable
notice, have the right to inspect all books and records of the Council.
6. It is understood and agreed that either party may terminate this contract by
giving to the other party notice in writing of said termination thirty (30) days in advance.
Page 2
7. Upon termination of this agreement, unless it be renewed, the Council shall
deliver to the City all funds paid under this contract that it may have and all removable
personable property that may have been purchased with funds derived from said tax.
8. Funding under this contract will require that should a seminar be held during
the term of this contract designed to assure that expenditures of Hotel Occupancy Tax
funds are made in compliance with the Act, a representative of the Council will attend
the seminar.
9. Council agrees to indemnify, save harmless, and defend the City of
Beaumont from any and all claims, causes of action and damages of every kind arising
from the operations of Council, its officers, agents and employees, including the officers,
agents, and employees involved in museum operation and specifically including herein
any and all acts of negligence by the City of Beaumont, its agents, officers or
employees, carried out under the terms of this agreement.
EXECUTED this the day of , 2017.
ATTEST:
By:
City Clerk
ATTEST:
By:
Name:
Title:
CITY OF BEAUMONT
By:
Kyle Hayes
City Manager
SOUTHEAST TEXAS ARTS COUNCIL
By:
Name:
Title:
Page 3
L
1 Do; I _� VA Ll- I71X*] k
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Offi7#
MEETING DATE: October 10, 2017 //''
REQUESTED ACTION: Council consider a resolution authorizing a one year contract with
the Beaumont Heritage Society/John Jay French Museum in the
amount of $47,000 for FY 2018.
BACKGROUND
The City of Beaumont is entitled to utilize revenues derived from the hotel -motel occupancy tax
for historic preservation and the promotion of tourism. John J. French, an early settler in
Beaumont, built the Greek Revival home which has been faithfully restored. The home contains
furniture and fixtures from the mid 19ffi century and is a tourist attraction for our city.
FUNDING SOURCE
Hotel Occupancy Tax Fund.
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 one-year financial
assistance agreement, substantially in the form attached hereto as Exhibit "A," between
the Beaumont Heritage Society/John Jay French Museum and the City of Beaumont in
the amount of $47,000 for FY 2018.
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 10th day of
October, 2017.
- Mayor Becky Ames -
STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT
This agreement between the City of Beaumont, a municipal corporation, herein
called "City", and the Beaumont Heritage Society operating the John J. French
Museum, herein called "Museum", is as follows:
WITNESSETH:
WHEREAS, V.T.C.A., Tax Code Section 351.001 et.seq., authorizes the City to
levy by ordinance, a hotel tax which may not exceed seven percent (7%) of the
consideration paid by a hotel occupant; and
WHEREAS, V.T.C.A. Tax Code Section 351.101 (a)(5), authorizes the City to
use a portion of the revenues derived from its hotel occupancy tax "for historical
restoration and preservation projects or activities or advertising and conducting
solicitation and promotional programs to encourage tourists and convention delegates
to visit preserved historic sites or museums at or in the immediate vicinity of convention
center facilities or located elsewhere in the municipality or its vicinity that would be
frequented by tourists; and,"
WHEREAS, under the authority of V.T.C.A. Tax Code Section 351.101(a)(5), the
City desires to provide financial assistance to Museum for historical restoration,
preservation, and tourism in Beaumont:
Paae 1
EXHIBIT "A" i
NOW, THEREFORE, the City and Museum agree as follows:
1. City agrees to pay to Museum the amount of Forty -Seven Thousand
($47,000) Dollars. The payment provided for herein will be made quarterly in the
amount of Eleven Thousand Seven ;Hundred and Fifty Dollars ($11,750) per quarter
commencing October 1, 2017 from funds as available and collected from the hotel
occupancy taxa
Any funds not expended by Museum will be retained by Museum to be
reallocated for similar purposes by approval of City.
2. All expenditure of funds shall be reasonably related to the purposes
established by V.T.C.A. Tax Code Section 351.101(a)(5).
3. The Museum is an independent contractor and is not an officer, agent or
employee of the City.
4. In return for the payments provided for herein, Museum agrees to operate for
the period October 1, 2017 to September 30, 2018.
5. The Museum shall submit quarterly reports in the format provided by the City
reflecting the activities of the Museum as they relate to this contract. The Museum shall
submit such reports quarterly commencing January 15, 2018.
6. The City Manager of City or his designated representative shall, upon
reasonable notice, have the right to inspect all books and records of the Museum.
Page 2
7. Upon termination of this agreement or any extension thereof, unless it be
renewed, the Museum shall deliver to the City all funds paid under this contract that it
may have and all removable personal property that may have been purchased with
funds derived from said tax.
8. Funding under this contract will require that should a seminar be held during
the term of this contract designed to assure that expenditures of Hotel Occupancy Tax
funds are made in compliance with the Act, a representative of the Museum will attend
the seminar.
9. The Beaumont Heritage Society agrees to indemnify, hold harmless and
defend, at its own expense, the City of Beaumont and its officers, agents, servants and
employees, from and against any and all claims, causes of action and damages of
every kind arising out of or in conjunction with the execution, performance, attempted
performance or nonperformance of this contract or from the operations and actions of
the Beaumont Heritage Society/John Jay French Museum, its officers, agents and
employees and specifically including herein any and all acts of negligence by the City of
Beaumont, its agents, officers or employees, carried out under the terms of this
agreement.
Page 3
ATTEST:
2
EXECUTED this the day of , 2017.
City Clerk
ATTEST:
By: _
Name:
Title:
Page 4
CITY OF BEAUMONT
In
Kyle Hayes
City Manager
BEAUMONT HERITAGE SOCIETY
By: _
Name:
Title:
M
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: James P. Singletary, Chief of Police
MEETING DATE: October 10, 2017
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to apply
for and receive funding through the Edward Byrne Memorial Justice
Assistance Grant program and to execute all documents necessary,
including an inter -local agreement with the City of Port Arthur,
Texas and Jefferson County, Texas in order to request these funds.
BACKGROUND
The City of Beaumont has been awarded funding through the Edward Byrne Memorial Justice
Assistance Grant program for the past eleven years. The funding has been used to upgrade
technology through the purchase of computer hardware and software, purchase additional officer
safety equipment and to fund several community policing programs. Due to Jefferson County
being designated a disparate jurisdiction by the Department of Justice, an inter -local agreement
must be filed with the joint application, and the agencies must agree to funding allocations prior
to application for funding.
Total allocation for 2017 is $112,725 of which, $69,425 will be allocated to Beaumont, $26,391
to Port Arthur and $16,909 to Jefferson County. Funds awarded to Beaumont will be used for
the Technology Enhancement Program.
FUNDING SOURCE
No matching funds are required.
RECOMMENDATION
Approval of resolution.
GMS Application Number 2017 -H2738 -TX -DJ
Resolution No.
The State of Texas )(
County of Jefferson )(
City of Beaumont, Texas )( Know All by These Present
City of Port Arthur, Texas H
Inter -Local Agreement
Between the County of Jefferson, Texas; City of Beaumont, Texas; and City of Port Arthur, Texas
2017 Edward Byrne Justice Assistance Grant (JAG) Program Award
This Agreement Is made and entered into this day of 2017, by and between
The County of Jefferson, Texas acting by and through its governing body, the Commissioners
Court; the City of Beaumont, Texas acting by and through its governing body, the City Council;
and the City of Port.Arthur, Texas acting by and through its governing body, the City Council,
witnesseth:
WHEREAS, each governing body, in performing governmental functions or in paying for the performance of
governmental functions hereunder, shall make that performance or those payments from current revenues
legally available to that party: and
WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of all
parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the
performing party for the services or functions under this agreement: and
WHEREAS, the total funding allocation is $112,725; and the City of Beaumont, Texas, and the City of Port
Arthur, Texas, agree to provide Jefferson County, Texas $16,909 from the JAG award and the City of
Beaumont, Texas, and the City of Port Arthur, Texas agree to allocate the remaining funds as follows:
$69,425 to the City of Beaumont, Texas, and $26,391 to the City of Port Arthur, Texas.
WHEREAS, Jefferson County, Texas, the City of Beaumont, Texas, and the City of Port Arthur, Texas,
believe it to be in their best interests to reallocate the JAG funds.
NOW THEREFORE, Jefferson County, Texas, the City of Beaumont, Texas, and the City of Port
Arthur, Texas agree as follows:
Section 1.
The City of Beaumont, Texas and the City of Port Arthur, Texas agree to provide Jefferson County, Texas
$16,909 from the JAG award; and the City of Beaumont, Texas and the City of Port Arthur, Texas agree to
allocate the remaining funds as follows:
$69,425 to the City of Beaumont, Texas; and $26,391 to the City of Port Arthur, Texas.
Section 2.
Jefferson County, Texas agrees to use the funding for the Technology Enhancement Program until 2020.
The City of Beaumont, Texas agrees to use the funding for the Technology Enhancement Program until
2020.
The City of Port Arthur, Texas agrees to use the funding for the Technology Enhancement Program until
2020.
GMS Application Number 2017 -H2738 -TX -DJ
Section 3.
Each party to this agreement will be responsible for its own actions in providing services under this
Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by
the other party.
Section 4.
The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement.
Section 5.
By entering into this Agreement, the parties do not intend to create any obligations express or implied other
than those set out herein; further, this Agreement shall not create any rights in any party not a signatory
hereto.
Section 6.
The City of Beaumont agrees to act as the fiscal agent in applying for, dispersing, monitoring, and reporting
for this JAG funding.
City of Beaumont, Texas
CITY MANAGER
City of Port Arthur, Texas
CITY MANAGER
Jefferson County, Texas
COUNTYJUDGE
*By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of
its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our view of
this document was conducted solely from the legal perspective of our client. Our approval of this document
was offered solely for the benefit of our client. Other parties should not rely on this approval and should
seek review and approval by their own respective attorney(s).
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to apply for and receive funding
for the City of Beaumont in the amount of $112,725 from the Edward Byrne Memorial
Justice Assistance Grant Program for law enforcement equipment and programs; and,
BE IT FURTHER RESOLVED that the City Manager be and he is hereby
authorized to execute an interlocal agreement to reallocate funds in the amounts of
$26,391 to the City of Port Arthur and $16,909 to Jefferson County.
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 10th day of
October, 2017.
- Mayor Becky Ames -
N
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: October 10, 2017
REQUESTED ACTION: Council consider a resolution terminating a lease of the Beaumont
Fire Training Grounds.
BACKGROUND
On July 27, 2004, Council approved Resolution 04-167. This resolution allowed a thirty (30) year
lease agreement to Industrial Safety Training Council (ISTC) for the management and operation of
the Beaumont Fire Training Grounds located on Marina Drive.
The lease states that the Lessee shall, in case of fire or other casualty damage, give immediate
notice to Lessor. If the premises are so damaged as to be unfit for occupancy, Lessor or Lessee may
elect to terminate this lease, in which case Lessee rental will be prorated to the date of such
damage.
On September 6, 2017, a notice was received from Clifton Brittain, President and CEO of ISTC,
asking the City to accept termination of the lease due to excessive flood damage to the Beaumont
Fire Training Grounds and being unfit for occupancy.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
WHEREAS, on July 27, 2004, the City Council of the City of Beaumont, Texas
adopted Resolution No. 04-167 awarding a thirty (30) year lease agreement to Industrial
Safety Training Council (ISTC) for the management and operation of the Beaumont Fire
Training Grounds located on Marina Drive; and,
WHEREAS, the lease states that the Lessee shall, in case of fire or other
casualty damage, give immediate notice to Lessor; and,
WHEREAS, the lease also states that if the premises are so damaged as to be
unfit for occupancy, Lessor or Lessee may elect to terminate the lease, in which case
Lessee rental will be prorated to the date of such damage; and,
WHEREAS, on September 6, 2017, a notice was received from ISTC asking the
City to accept termination of the lease due to excess flood damage to the Beaumont
Fire Training Grounds due to Hurricane Harvey and being unfit for occupancy; and,
WHEREAS, the City Council is of the opinion that it is in the best interest of the
City of Beaumont to terminate the lease agreement with Industrial Safety Training
Council (ISTC) for the management and operation of the Beaumont Fire Training
Grounds located on Marina Drive;
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 lease agreement with Industrial Safety Training Council (ISTC) for the
management and operation of the Beaumont Fire Training Grounds located on Marina
Drive is hereby terminated.
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 10th day of
October, 2017.
- Mayor Becky Ames -
BEAUMONT
TEXAS
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS OCTOBER 10, 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 and 2/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider a resolution authorizing the ratification of an agreement signed by the
Emergency Management Coordinator with the Texas Department of
Transportation (TxDOT) to expedite debris removal from Hurricane Harvey
2. Consider a resolution authorizing the City Manager to execute all documents
necessary to apply for and receive funding through the Texas Department of
Public Safety/Division of Emergency Management to reimburse eligible expenses
based on damages and recovery from Hurricane Harvey
COMMENTS
Public Comment (Persons are limited to 3 minutes)
Councilmembers/City Manager comment on various matters
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
October 10, 2017
Consider a resolution authorizing the ratification of an agreement signed by the Emergency
Management Coordinator with the Texas Department of Transportation (TxDOT) to expedite
debris removal from Hurricane Harvey
BEAUMONT
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tim Ocnaschek, Emergency Management Coordinator
MEETING DATE: October 10, 2017
0-0
REQUESTED ACTION: Council consider a resolution authorizing the ratification of an
agreement signed by the Emergency Management Coordinator with
the Texas Department of Transportation (TxDOT) to expedite
debris removal from Hurricane Harvey.
BACKGROUND
The State of Texas, under Governor Abbott, has approved the Texas Department of Transportation
to assist local jurisdictions with debris removal. In order to expedite removal, an agreement was
coordinated based on a State of Texas Assistance Request through the Emergency Management
Division on October 2, 2017. TxDOT will submit costs for reimbursement directly to FEMA with
no charges to the City. A copy of the agreement is attached for your review.
FUNDING SOURCE
None.
RECOMMENDATION
Approval of the resolution.
State of Texas §
County of Travis §
AGREEMENT FOR
DISASTER DEBRIS REMOVAL WITHIN A CITY
This Agreement is made between the State of Texas, acting through the Texas Department of Transportation,
("TxDOT") and Beaumont ("City").
BACKGROUND
Section 221.002 of the Transportation Code authorizes TxDOT, at its discretion, to enter agreements with cities to fix
responsibilities for maintenance, control, supervision, and regulation of State highways within and through the
corporate limits of such cities.
Section 418.023 of the Government Code authorizes the Emergency Management Council to utilize any state
agency to clear or remove debris or wreckage from public or private land or water if it threatens public health or
safety or public or private property in a state of disaster declared by the governor or major disaster declared by the
president of the United States.
City and TxDOT have determined that a reallocation of each party's responsibility for debris removal is necessary to
assure that citizens are served and protected.
Federal Emergency Management Administration ("FEMA") is expected to reimburse each party for the work that
party performs under this Agreement.
Therefore, the parties agree as follows:
AGREEMENT
1. PERIOD OF AGREEMENT
This Agreement becomes effective when signed by the last party whose signing makes this Agreement fully
executed. This agreement shall remain in effect until each party's obligations under this Agreement are
fulfilled or until October 31, 2017, whichever is earlier.
2. COMPENSATION
2.1. City acknowledges that it will not be reimbursed or compensated by TxDOT for work performed under
this Agreement. City shall not invoice or otherwise seek reimbursement or compensation from TxDOT
for any work performed under this Agreement. City shall not hold TxDOT responsible for any portion
of disaster debris related services not reimbursed by FEMA.
2.2. Each party shall independently apply directly to FEMA for reimbursement for the work that party
performed under this Agreement in accordance with all federal rules, regulations, and procedures.
2.3. Each party shall produce all necessary documentation to state and federal agencies required for
reimbursement for the work that party performed under this Agreement.
3. DEFINTIONS
In this Agreement, the following definitions apply:
"State Road" means a State -maintained road within city limits that is listed in Attachment A, State Roads
"Local Road" means a City -maintained road within city limits that is listed in Attachment B, Local Roads
Disaster Debris Removal within a City Page 1 of 2 2017-09-14
4. SCOPE
4.1. TxDOT will perform one first-pass emergency clearance and collection of eligible disaster debris from
specified State Roads and Local Roads. A first pass may consist of one or multiple clearances and
collection of disaster debris; however, TxDOT may determine what constitutes a first pass and when
a first pass is complete.
4.2. TxDOT will notify City when TxDOT has completed a first pass on a road.
4.3. City shall not begin debris removal on a State Road until it has received from TxDOT a notice to
proceed ("NTP"). After receiving a NTP from TxDOT, City shall perform second -pass emergency
clearance and collection of eligible disaster debris from the State Road or State Roads specified in
the NTP.
4.4. City shall monitor and document locations and volumes of debris stockpiles removed from State
Roads and Local Roads.
4.5.- City shall reduce and provide final disposition of debris collected within the city limits of City
regardless of whether it or TxDOT removed the debris.
4.6. City shall document and repair any damages to state -maintained right of way that might be caused
by debris removal operations undertaken pursuant to this Agreement. All repairs performed by City
must satisfy the TxDOT district engineer for the TxDOT district in which repair is being performed.
4.7. City, and its disaster debris removal contractors, shall not remove debris from any State -maintained
road that is not included in Attachment A.
4.8; After TxDOT completes a first pass debris removal on a particular State Road, City shall remove all
remaining eligible disaster debris, even if such removal requires multiple passes on that particular
State Road. City shall notify TxDOT when City has completed debris removal on a particular State
Road.
4.9. City shall comply with all TxDOT rules and regulations including, but not limited to, safety, insurance,
and traffic control in accordance with the Manual on Uniform Traffic Control Devices.
4.10. City shall hold TxDOT harmless in all matters arising from or related to this Agreement. Further, City
is responsible for all damage or injury to persons or to private property occurring as a result of the
disaster debris removal activities pursuant to this Agreement.
4.11. TxDOT will inspect State Roads identified as complete by City and verify acceptance. Once a State
Road is accepted as complete by TxDOT, City will be released from any additional disaster debris
removal responsibilities.
Each party is signing this agreement on the date stated opposite that party's signature.
City
Dater �.� >Z 2a l _ By:
Title: P3 /h
STATE OF TEXAS
Date: /d - l01 By_. itc .s -L
-TuckerFeCguson
Beaumont.District Engineer
Texas Department of Transportation
Disaster Debris Removal within a City Page 2 of 2 2017-09-14
ATTACHMENT A
STATE ROADS
(identify State Roads here)
Disaster Debris Removal within a City Page 1 of 1 " 2017-09-14
ATTACHMENT B
LOCAL ROADS
{identify Local Roads here}
Attachment B, Local Roads
Disaster Debris Removal within a City Page 1 of 1 2017-09-14
RESOLUTION NO.
WHEREAS, the State of Texas, under Governor Abbot, has approved the Texas
Department of Transportation (TxDOT) to assist local jurisdictions with debris removal;
and,
WHEREAS, in order to expedite removal, an agreement was coordinated based
on a State of Texas Assistance Request through the Emergency Management Division
on October 2, 2017; and,
WHEREAS, TxDOT will submit costs for reimbursement directly to Federal
Emergency Management Agency (FEMA) with no charges to the City of Beaumont;
WHEREAS, the City Council is of the opinion that it is in the best interest of the
City of Beaumont to ratify the Agreement signed on October 2, 2017 by the Emergency
Management Coordinator to expedite debris removal from Hurricane Harvey. The
Agreement is substantially in the form attached hereto as Exhibit "A" and made a part
hereof for all purposes;
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 Agreement signed on October 2, 2017 by the Emergency Management
Coordinator with the Texas Department of Transportation (TxDOT) to expedite debris
removal from Hurricane Harvey be and is hereby ratified.
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 10th day of
October, 2017.
- Mayor Becky Ames -
2
October 10, 2017
Consider a resolution authorizing the City Manager to execute all documents necessary to apply
for and receive funding through the Texas Department of Public Safety/Division of Emergency
Management to reimburse eligible expenses based on damages and recovery from Hurricane
Harvey
BEAUMONT
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tim Ocnaschek, Emergency Management Coordinator /Zgz
MEETING DATE: October 10, 2017
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute all documents necessary to apply for and receive funding
through the Texas Department of Public Safety/ Division of
Emergency Management to reimburse eligible expenses based on
damages and recovery from Hurricane Harvey.
BACKGROUND
FEMA, under the Department of Homeland Security, has implemented a Public Assistance
program based on the federal disaster declaration from Hurricane Harvey (DR -4332). Funding for
local jurisdictions is processed through the State of Texas. Texas designated the Texas Department
of Public Safety (DPS) Division of Emergency Management (IDEM) to facilitate this program.
Eligible projects are submitted through Project Worksheets under specific categories of work, and
upon approval, the City will be reimbursed under the appropriate match requirements. Category A
covers Debris, and since the City has a FEMA approved Debris Management Plan, the City is
eligible for an additional 2% incentive above the Presidentially approved 90% federal share. Thus
the City is responsible for an 8% match. Category B is approved at 100% federal share for the first
30 days, ending September 23, after which the federal share drops to 90% as is the case for all
other categories of work. A copy of the agreement is attached for your review.
FUNDING SOURCE
Hurricane Harvey Fund.
RECOMMENDATION
Approval of the resolution.
GRANT TERMS AND CONDITIONS
FEMA -4332 -DR -TX
This Grant Agreement (consisting of these terms and conditions and all exhibits) is made and
entered into by and between the Department of Public Safety (DPS) / Texas Division of
Emergency Management (TDEM), an agency of the State of Texas, hereinafter referred to as
"DPS/TDEM," and the grant recipient, BEAUMONT (CITY OF), hereinafter referred to as the
"Subrecipient." Furthermore, DPS/TDEM and the Subrecipient are collectively hereinafter
referred to as the "Parties." All subawards made under this grant agreement are subject to the
same terms and conditions below.
Subrecipient may not assign or transfer any interest in this Grant without the express, prior
written consent of TDEM and DHS/FEMA.
a. The term Recipient and pass-through entity have the same meaning as "Grantee," as used in
governing statutes, regulations, and DHS/FEMA guidance.
b. A Recipient is also a "non-federal entity" for grants administration purposes.
c. A Subrecipient is also known as a "SubGrantee" as used in governing statutes regulations
and DHS/ FEMA guidance.
d. A Subrecipient is also a "non-federal entity" for grants administration purposes.
e. The "Grant" referred to in this agreement is a subgrant to the Subrecipient passed thru from
DPS/TDEM to the Subrecipient.
f. Certifying Official will be the Mayor, Judge, or Executive Director authorized to execute these
grant terms and conditions, and to submit changes of Subrecipient Agents.
f. Projects and any subsequent versions for those projects accepted by the Subrecipient and
subsequently obligated or deobligated by DHS/FEMA are considered subawards to this grant
agreement.
A. Standard of Performance. Subrecipient shall perform all activities as approved by TDEM.
Any change to a project shall receive prior written approval by TDEM and, if required, by
FEMA. Subrecipient shall perform all activities in accordance with all terms, provisions and
requirements set forth in this Grant, including but not limited to the following Exhibits:
1. Assurances — Non -Construction Programs, hereinafter referred to as "Exhibit A"
2. Assurances — Construction Programs, hereinafter referred to as "Exhibit B"
3. Certifications for Grant Agreements, hereinafter referred to as "Exhibit U
4. State of Texas Assurances, hereinafter referred to as "Exhibit D"
5. Environmental Review Certification, hereinafter referred to as "Exhibit E"
6. Additional Grant Conditions, hereinafter referred to as "Exhibit F"
7. Additional Grant Certifications, hereinafter referred to as "Exhibit G'
8. Request for Information and Documentation referred to as "Exhibit H"
B. Failure to Perform. In the event Subrecipient fails to implement and complete the
project(s) approved and awarded, or comply with any provision of this Grant, Subrecipient
shall be liable to DPS/TDEM for an amount not to exceed the award amount of this Grant
and may be barred from applying for or receiving additional DHS/FEMA grant program funds
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GRANT TERMS AND CONDITIONS
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or any other grant program funds administered by DPS until repayment to DPS/TDEM is
made and any other compliance or audit finding is satisfactorily resolved, in addition to any
other remedy specified in this Grant. Failure to timely implement and complete projects may
reduce future funding in additional DHS/FEMA and/or other grant programs administered by
DPS.
C. Funding Obligations. DPS/TDEM shall not be liable to Subrecipient for any costs incurred
by Subrecipient that are not allowable costs.
1. Notwithstanding any other provision of this Grant, the total of all payments and other
obligations incurred by DPS/TDEM under this Grant shall not exceed the total
cumulative award amounts listed on the Subawards (projects and subsequent versions).
2. Subrecipient shall contribute the match funds listed on the subaward.
Subrecipient shall refund to DPS/TDEM any sum of these Grant funds that has been
determined by DPS/TDEM or DHS/FEMA to be an overpayment to Subrecipient or that
DPS/TDEM determines has not been spent by Subrecipient in accordance with this Grant. No
refund payment(s) shall be made from local, state or federal Grant funds unless repayment with
Grant funds is specifically permitted by statute or regulation. Subrecipient shall make such
refund to DPS/TDEM within thirty (30) calendar days after DPS/TDEM requests such refund
D. Performance Period. The performance period for this Grant is listed on the subaward letter
for each prosect. All projects shall be completed within the performance period AND all
reimbursement requests shall be submitted to TDEM within 60 days of the end of the
performance period. Subrecipient shall have expended all Grant funds and submitted
reimbursement requests, invoices and any supporting documentation to DPS/TDEM within
60 days of the end of the performance period. DPS/TDEM shall not be obligated to
reimburse expenses incurred after the performance period or submitted after the deadline.
E. Uniform Administrative Requirements, Cost Principals and Audit Requirements.
Except as specifically modified by law or this Grant, Subrecipient shall administer this Grant
through compliance with the most recent version of all applicable laws and regulations,
including but not limited to DHS program legislation, Federal awarding agency regulations,
and the terms and conditions of this Grant. A non-exclusive list is provided below [not all
may apply in every projects]:
• Public Law 93-288, ,as amended (Stafford Act)
• 44 CFR, Emergency Management and Assistance
• Disaster Mitigation Act of 2000
• OMB Regulations 2 CFR, Grant and Agreements
• Executive Order 11988, Floodplain Management
• Executive Order 11990, Protection of Wetlands
• Executive Order 12372, Intergovernmental Review of Programs and Activities
• Executive Order 12549, Debarment and Suspension
• Executive Order 12612, Federalism
• Executive Order 12699, Seismic Design
• Executive Order 12898, Environmental Justice
• Coastal Barrier Resources Act, Public Law 97-348
• Single Audit Act, Public Law 98-502
• Sandy Recovery Improvement Act publications
Page 2 of 20
TDEM — September 2017
GRANT TERMS AND CONDITIONS
FEMA -4332 -DR -TX
• 16 U.S.C. § 470, National Historic Preservation Act
• 16 U.S.C. § 1531, Endangered Species Act References
• FEMA program publications, guidance and policies
F. State Requirements for Grants. Subrecipient shall comply with all other federal, state, and
local laws and regulations applicable to this Grant including but not limited to the laws and
the regulations promulgated in Texas Government Code, Chapter 783, Uniform Grant and
Contract Management, (UGMS) at:
hftp://www.window.state.tx.us/procurement/catrad/ugms.pdf
and the program State Administrative Plan, available at:
hftp://www.txdps.state.tx.us/dem/GrantsResources/index.htm.
Subrecipient shall, in addition to the assurances and certifications, comply and require each
of its subcontractors employed in the completion of the project to comply with all applicable
statutes, regulations, executive orders, OMB circulars, terms and conditions of this Grant
and the approved application.
Grant funds may not be awarded to or expended by any entity which performs political
polling. This prohibition does not apply to a poll conducted by an academic institution as
part of the institution's academic mission that is not conducted for the benefit of a particular
candidate or party.
Grant funds may not be expended by a unit of local government unless the following
limitations and reporting requirements are satisfied:
1. Texas General Appropriations Act, Art. IX, Parts 2 and 3, except there is no
requirement for increased salaries for local government employees;
2. Texas Government Code Sections 556.004, 556.005, and 556.006, which prohibits
using any money or vehicle to support the candidacy of any person for office,
influencing positively or negatively the payment, loan, or gift to a person or political
organization for a political purpose, and using Grant funds to influence the passage
or defeat of legislation including not assisting with the funding of a lobbyist, or using
Grant funds to pay dues to an organization with a registered lobbyist;
3. Texas Government Code Sections 2113.012 and 2113.101, which prohibits using
Grant funds to compensate any employee who uses alcoholic beverages on active
duty and Subrecipient may not use Grant funds to purchase an alcoholic beverage
and may not pay or reimburse any travel expense for an alcoholic beverage;
4. Texas General Appropriations Act, Art. IX, Section 6.13, which requires Subrecipient
to make every effort to attain key performance target levels associated with this
Grant, including performance milestones, milestone time frames, and related
performance reporting requirements; and
5. General Appropriations Act, Art. IX, Sections 7.01 and 7.02, and Texas Government
Code §2102.0091, which requires that this Grant may only be expended if
Subrecipient timely completes and files its reports.
G. Restrictions and General Conditions.
1. Use of Funds. DHS/FEMA Grant funds may only be used for the purposes set forth in
this Grant, and shall be consistent with the statutory authority for this Grant. Grant funds
may not be used for matching funds for other Federal grants/cooperative agreements,
lobbying, or intervention in Federal regulatory or adjudicatory proceedings. In addition,
Page 3 of 20
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GRANT TERMS AND CONDITIONS
FEMA -4332 -DR -TX
Federal funds may not be used to sue the Federal government or any other government
entity.
2. Federal Employee Prohibition. Federal employees are prohibited from serving in any
capacity (paid or unpaid) on any proposal submitted under this Grant. Federal
employees may not receive funds under this Grant.
3. Points of Contacts. Within 10 calendar days of any change, Subrecipient shall notify
DPS/TDEM of any change in designated of Subrecipient Agents as submitted during the
execution of this agreement, and any subsequent changes submitted by Subrecipient.
In the event a Subrecipient hires a consultant to assist them with managing its Public
Assistance grants, they must be listed on the Designated Subrecipient Agent Form.
TDEM will direct all correspondence to the Subrecipient but will cc: the consultant on all
email exchanges. The Subrecipient will be responsible for sharing written
communications with the consultant. The Subrecipient will remain the primary point of
contact and must be included in all decision making activities.
4. DUNS Number. Subrecipient confirms its Data Universal Numbering Systems (DUNS)
Number is accurate and is registered on Sams.gov. . The DUNS Number is the nine digit
number established and assigned by Dun and Bradstreet, Inc., at 866/705-5711 or
http://fedgov.dnb.com/webform
5. Central Contractor Registration and Universal Identifier Requirements. Subrecipient
maintains that it has registered on the System for Award Management (SAM) at
www.sam.gov or other federally established site for contractor registration, and entered
DPS/TDEM-required information. Subrecipient shall keep current, and then review and
update the information at least annually. Subrecipient shall keep information current in
the SAM database until the later of when it submits this Grant's final financial report or
receives final Grant award payment. Subrecipient agrees that it shall not make any
subaward agreement or contract related to this Grant without first obtaining the
vend or/su bawa rd ee's mandatory DUNS number. See Section §200.32 of OMB 2 C.F.R.
6. Reporting Total Compensation of Subrecipient Executives. 2 C.F.R. §200.331; see
FEMA Information Bulletin 350.
a. Applicability and what to report: Subrecipient shall report whether Subrecipient
received $25 million or more in Federal procurement contracts or financial assistance
subject to the Transparency Act per 2 C.F.R. §200.331. Subrecipient shall report
whether 80% or more of Subrecipient's annual gross revenues were from Federal
procurement contracts or Federal financial assistance. If Subrecipient answers "yes"
to both questions, Subrecipient shall report, along with Subrecipient's DUNS number,
the names and total compensation (see 17 C.F.R. §229.402(c)(2)) for each of
Subrecipient's five most highly compensated executives for the preceding completed
fiscal year.
b. Where and when to report: Subrecipient shall report executive total compensation at
www.sam.gov or other federally established replacement site. By signing this Grant,
Subrecipient certifies that, if required, Subrecipient's jurisdiction has already
registered, entered the required information, and shall keep information in the SAM
database current, and update the information at least annually for each year until the
later of when the jurisdiction submits its final financial report or receives final
payment. Subrecipient agrees that it shall not make any subaward agreement or
contract without first obtaining the subawardee's mandatory DUNS number.
7. Debarment and Suspension. Subrecipient shall comply with Executive Order 12549 and
12689, which provide protection against waste, fraud, and abuse by debarring or
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TDEM — September 2017
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FEMA -4332 -DR -TX
suspending those persons deemed irresponsible in their dealings with the Federal
government.
8. Direct Deposit. A completed direct deposit form from Subrecipient shall be provided to
DPS/TDEM, prior to receiving any payments under the provisions of this grant. The
direct deposit form is currently available at grants. dps.texas.gov under Resources/Public
Assistance.
9. Property Management and Inventory. Subrecipient shall maintain property/inventory
records which, at minimum, shall include a description of the property, a serial number or
other identification number, the source of property, who holds title, the acquisition date,
the cost of the property, the percentage of Federal participation in the cost of the
property, the location, use and condition of the property, and any ultimate disposition
data including the date of disposal and sale price of the property Subrecipient shall
develop and implement a control system to prevent loss, damage or theft of property and
Subrecipient shall investigate and document any loss, damage or theft of property
funded under this Grant.
10. Site Visits. DHS/FEMA and/or DPS/TDEM, through its authorized representatives, have
the right at all reasonable times to make site visits to review project accomplishments
and management control systems and to provide such technical assistance as may be
required. If any site visit is made by DHS/FEMA on the premises of Subrecipient or a
contractor under this Grant, Subrecipient shall provide and shall require its contractors to
provide all reasonable facilities and assistance for the safety and convenience of the
government representatives in the performance of their duties. All site visits and
evaluations shall be performed in such a manner that will not unduly delay the work.
H. Procurement and Contracting.
1. Procurements. Subrecipient shall comply with all applicable federal, state, and local
laws and requirements, including but not limited to proper competitive solicitation
processes where required, for any procurement which utilizes federal funds awarded
under this Grant in accordance with 2 C.F.R. 200. 318-326 and Appendix II to Part 200
(A -C) and (E -J)
2. Contract Provisions. All contracts executed using funds awarded under this Grant shall
contain the contract provisions listed under 2 C.F.R. 200.326 and Appendix II (A),
Uniform Administrative Requirements for Grants and Cooperative Agreements to State
and Local Governments.
3. Procurement activities must follow the most restrictive of Federal, State and Local
procurement regulations:
a. Procurement by micro purchase
b. Procurement by small purchase
c. Procurement by sealed bid
d. Procurement by competitive proposal
e. Procurement by non-competitive proposal, soleiy when the award of a contract is
unfeasible under the other methods
The State must be contacted for approval to use a noncompetitive procurement method.
Failure to follow eligible procurement methods will result in ineligible costs. Other types
of agreements for services must have State approval prior to use or execution. A copy of
the local procurement policy must be provided to the State before initial payment.
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GRANT TERMS AND CONDITIONS
FEMA -4332 -DR -TX
The cost plus a percentage of cost and percentage of construction cost methods of
contracting are ineligible.
Must perform cost/price analysis for purchases over $3000.
Must negotiate profit as a separate element where required.
4. Evidence of non -debarment for vendors must be documented through
http://www.sam.gov/portal/public/SAM and
http://www.window.state.tx.us/procurement/prog/vendor performance/debarred/ and
submitted for review.
5. Comply with rules related to underutilized businesses (small and minority businesses,
women's enterprises and labor surplus firms) at 2 CFR 200.321
Monitoring. Subrecipient will be monitored periodically by federal, state or local entities,
both programmatically and financially, to ensure that project goals, objectives, performance
requirements, timelines, milestone completion, budget, and other program -related criteria
are met.
DPS/TDEM, or its authorized representative, reserves the right to perform periodic
desk/office-based and/or on-site monitoring of Subrecipient's compliance with this Grant and
of the adequacy and timeliness of Subrecipient's performance pursuant to this Grant. After
each monitoring visit, if the monitoring visit reveals deficiencies in Subrecipient's
performance under this Grant, a monitoring report will be provided to the Subrecipient and
shall include requirements for the timely correction of such deficiencies by Subrecipient.
Failure by Subrecipient to take action specified in the monitoring report may be cause for
suspension or termination of this Grant pursuant to the Suspension and/or Termination
Section herein.
Audit.
1. Audit of Federal and State Funds. Subrecipient shall arrange for the performance of an
annual financial and compliance audit of funds received and performances rendered
under this Grant as required by the Single Audit Act (OMB 2 C.F.R. 200.501, formerly A-
133). Subrecipient shall comply, as applicable, with Texas Government Code, Chapter
783, the Uniform Grant Management Standards (UGMS), the State Uniform
Administrative Requirements for Grants and Cooperative Agreements.
2. Right to Audit. Subrecipient shall give the United States Department of Homeland
Security (DHS), Federal Emergency Management Agency (FEMA), the Comptroller
General of the United States, the Texas State Auditor, DPS/TDEM, or any of their duly
authorized representatives, access to and the right to conduct a financial or compliance
audit of Grant funds received and performances rendered under this
Grant. Subrecipient shall permit DPS/TDEM or its authorized representative to audit
Subrecipient's records. Subrecipient shall provide any documents, materials or
information necessary to facilitate such audit.
3. Subrecipient's Liability for Disallowed Costs. Subrecipient understands and agrees that
it shall be liable to DPS/TDEM for any costs disallowed pursuant to any financial or
compliance audit(s) of these funds. Subrecipient further understands and agrees that
reimbursement to DPS/TDEM of such disallowed costs shall be paid by Subrecipient
Page 6 of 20
TDEM — September 2017
GRANT TERMS AND CONDITIONS
FEMA -4332 -DR -TX
from funds that were not provided or otherwise made available to Subrecipient pursuant
to this Grant or any other federal contract.
4. Subrecipient's Facilitation of Audit. Subrecipient shall take such action to facilitate the
performance of such audit(s) conducted pursuant to this Section as DPS/TDEM may
require of Subrecipient. Subrecipient shall ensure that this clause concerning the
authority to audit funds received indirectly by subcontractors through Subrecipient and
the requirement to cooperate is included in any subcontract it awards.
5. State Auditor's Clause. Subrecipient understands that acceptance of funds under this
Grant acts as acceptance of the authority of the State Auditor's Office to conduct an
audit or investigation in connection with those funds. Subrecipient further agrees to
cooperate fully with the State Auditor's Office in the conduct of the audit or investigation,
including providing all records requested. Subrecipient shall ensure that this clause
concerning the State Auditor's Office's authority to audit funds and the requirement to
cooperate fully with the State Auditor's Office is included in any subgrants or
subcontracts it awards. Additionally, the State Auditor's Office shall at any time have
access to and the rights to examine, audit, excerpt, and transcribe any pertinent books,
documents, working papers, and records of Subrecipient relating to this Grant.
K. Retention and Accessibility of Records.
1. Retention of Records. Subrecipient shall maintain fiscal records and supporting
documentation for all expenditures of this Grant's funds pursuant to the applicable OMB
2 C.F.R. Subpart D — Post Federal Award Requirements, §200.333-337, and this Grant.
Subrecipient shall retain these records and any supporting documentation for a minimum
of three (3) years from the later of the completion of this project's public objective,
submission of the final expenditure report, any litigation, dispute, or audit. Records shall
be retained for three (3) years after any real estate or equipment final disposition. The
DHS or DPS/TDEM may direct Subrecipient to retain documents or to transfer certain
records to DHS/FEMA custody when DHS/FEMA determines that the records possess
long term retention value.
2. Access to Records. Subrecipient shall give the United States Department of Homeland
Security, the Comptroller General of the United States, the Texas State Auditor,
DPS/TDEM, or any of its duly authorized representatives, access to and the right to
examine all books, accounts, records, reports, files, other papers, things or property
belonging to or in use by Subrecipient pertaining to this Grant including records
concerning the past use of DHS/FEMA funds. Such rights to access shall continue as
long as the records are retained by Subrecipient.
L. Changes, Amendments, Suspension or Termination
1. Modification. DHS/FEMA or DPS/TDEM may modify this Grant after an award has been
made. Once notification has been made in writing, any subsequent request for funds
indicates Subrecipient's acceptance of the changes to this Grant. Any alteration,
addition, or deletion to this Grant by Subrecipient is not valid.
2. Effect of Changes in Federal and State Laws. Any alterations, additions, or deletions to
this Grant that are required by changes in federal and state laws, regulations or policy
are automatically incorporated into this Grant without written amendment to this Grant
and shall become effective upon the date designated by such law or regulation. In the
event DHS/FEMA or DPS/TDEM determines that changes are necessary to this Grant
Page 7 of 20
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GRANT TERMS AND CONDITIONS
FEMA -4332 -DR -TX
after an award has been made, including changes to the period of performance or terms
and conditions, Subrecipient shall be notified of the changes in writing. Once notification
has been made, any subsequent request for funds will indicate Subrecipient's
acceptance of the changes to this Grant.
3. Suspension. In the event Subrecipient fails to comply with any term of this Grant,
DPS/TDEM may, upon written notification to Subrecipient, suspend this Grant, in whole
or in part, withhold payments to Subrecipient and prohibit Subrecipient from incurring
additional obligations of this Grant's funds.
4. Termination. DPS/TDEM shall have the right to terminate this Grant, in whole or in part,
at any time before the end of the Performance Period, if DPS/TDEM determines that
Subrecipient has failed to comply with any term of this Grant. DPS/TDEM shall provide
written notice of the termination and include:
a. The reason(s) for such termination;
b., The effective date of such termination; and
c. In the case of partial termination, the portion of this Grant to be terminated.
d. Appeal may be made to the Deputy Assistant Director of Texas Division of
Emergency Management- Recovery Mitigation and Standards, Texas Department of
Public Safety.
M. Enforcement. If Subrecipient materially fails to comply with any term of this Grant, whether
stated in a federal or state statute or regulation, an assurance, in a state plan or application,
a notice of award, or elsewhere, DPS/TDEM or DHS/FEMA may take one or more of the
following actions, as appropriate in the circumstances:
1. Increased monitoring of projects and require additional financial and performance
reports
2. Require all payments as reimbursements rather than advance payments
3. Temporarily withhold payments pending correction of the deficiency
4. Disallow or deny use of funds and matching credit for all or part of the cost of the
activity or action not in compliance;
5. Request DHS/FEMA to wholly or partially de -obligate funding for a project
6. Temporarily withhold cash payments pending correction of the deficiency by
subrecipient or more severe enforcement action by DPS/TDEM or DHS/FEMA;
7. Withhold further awards for the grant program
8. Take other remedies that may be legally available
In taking an enforcement action, DPS/TDEM will provide Subrecipient an opportunity for a
hearing, appeal, or other administrative proceeding to which Subrecipient is entitled under
any statute or regulation applicable to the action involved.
The costs of Subrecipient resulting from obligations incurred by Subrecipient during a
suspension or after termination of this Grant are not allowable unless DPS/TDEM or
DHS/FEMA expressly authorizes them in the notice of suspension or termination or
subsequently.
Other Subrecipient costs during suspension or after termination which are necessary and
not reasonably avoidable are allowable if:
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The costs result from obligations which were properly incurred by Subrecipient before
the effective date of suspension or termination, are not in anticipation of it, and in the
case of a termination, are non -cancellable; and
The costs would be allowable if this Grant were not suspended or expired normally at
the end of the funding period in which the termination takes effects.
The enforcement remedies identified in this section, including suspension and termination,
do not preclude Subrecipient from being subject to "Debarment and Suspension" under E.O.
12549. 2 C.F.R., Appendix II to Part 200, (1).
N. Conflicts of Interest. The subrecipient will maintain written standards of conduct covering
conflicts of interest and governing the actions of its employees engaged in the selection,
award and administration of contracts and will establish safeguards to prohibit employees
from using their positions for a purpose that constitutes or presents the appearance of
personal or organizational conflict of interest or personal gain.
O. Closing of this Grant. DPS/TDEM will close each subaward after receiving all required
final documentation from the Subrecipient. If the close out review and reconciliation
indicates that Subrecipient is owed additional funds, DPS/TDEM will send the final payment
automatically to Subrecipient. If Subrecipient did not use all the funds received,
DPS/TDEM will recover the unused funds.
At the completion and closure of all Subrecipient's projects (subawards), DPS/TDEM will
request the Subrecipient to Certify the completion of all projects (subawards) in accordance
of the grants terms and conditions to state there are no further claims under this subgrant.
The closeout of this Grant does not affect:
1. DHS/FEMA or DPS/TDEM's right to disallow costs and recover funds on the basis of a
later audit or other review;
2. Subrecipient's obligation to return any funds due as a result of later refunds, corrections,
or other transactions;
3. Records retention requirements, property management requirements, and audit
requirements, as set forth herein; and
4. Any other provisions of this Grant that impose continuing obligations on Subrecipient or
that govern the rights and limitations of the parties to this Grant after the expiration or
termination of this Grant.
P. Notices. All notices and other communications pertaining to this agreement shall be
delivered in electronic format and/or writing and shall be transmitted by fax, e-mail,
personal hand -delivery (and receipted for) or deposited in the United States Mail, as
certified mail, return receipt requested and postage prepaid, to the other party.
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EXHIBIT A
ASSURANCES - NON -CONSTRUCTION PROGRAMS See Standard Form 424B
As the duly authorized representative of Subrecipient, I certify that Subrecipient:
1. Has the legal authority to apply for Federal assistance and the institutional,
managerial and financial capability (including funds sufficient to pay the non -
Federal share of project cost) to ensure proper planning, management and
completion of the project described in this Grant.
2. Will give the Department of Homeland Security, the Department of Public
Safety, the Comptroller General of the United States and, if appropriate, the
State, through any authorized representative, access to and the right to
examine all records, books, papers, or documents related to this Grant and
will establish a proper accounting system in accordance with generally
accepted accounting standards or agency directives.
3. Will establish safeguards to prohibit employees from using their positions for
a purpose that constitutes or presents the appearance of personal or
organizational conflict of interest or personal gain.
4. Will initiate and complete the work within the applicable time frame after
receipt of approval of the awarding agency.
5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C.
§§4728-4763) relating to prescribed standards for merit systems for
programs funded under one of the 19 statutes or regulations specified in
Appendix A of OPM's Standards for a Merit System of Personnel
Administration (5 C.F.R. 900, Subpart F).
6. Will comply with all Federal statutes relating to nondiscrimination. These
include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P. L.
88-352) which prohibits discrimination on the basis of race, color or national
origin; (b) Title IX of the Education Amendments of 1972, as amended (20
U.S.C. §§1681-1683, and 1685-1686 and 44 C.F.R. Part 19), which prohibits
discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act
of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the
basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42
U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e)
the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse; (f) the
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523
and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse
patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
§§3601 at seq.), as amended, relating to nondiscrimination in the sale, rental
or financing of housing; (i) any other nondiscrimination provisions in the
specific statute(s) under which agreement for Federal assistance is being
made; and 0) the requirements of any other nondiscrimination statute(s)
which may apply to the application.
7. Will comply or has already complied with the requirements of Titles II and III
of the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of
persons displaced or whose property is acquired as a result of Federal or
federally -assisted programs. These requirements apply to all interests in real
property acquired for project purposes regardless of Federal participation in
purchases.
8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-
1508 and 7324-7328) which limit the political activities of employees whose
principal employment activities are funded in whole or in part with Federal
funds.
9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40
U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18
U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40
U.S.C. §§327-333), regarding labor standards for federally -assisted
construction sub -agreements.
10. Will comply, if applicable, with flood insurance purchase requirements of
Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234)
which requires recipients in a special flood hazard area to participate in the
TDEM — September 2017
program and to purchase flood insurance if the total cost of insurable
construction and acquisition is $10,000 or more.
Will comply with environmental standards which may be prescribed pursuant
to the following: (a) institution of environmental quality control measures
under the National Environmental Policy Act of 1969 (P.L. 91-190 as
amended by 42 U.S.C. 4311 et seq. and Executive Order (EO) 11514) which
establishes national policy goals and procedures to protect and enhance the
environment, including protection against natural disasters. To comply with
NEPA for DHS grant -supported activities, DHS -FEMA requires the
environmental aspects to be reviewed and evaluated before final action on
the application; (b) notification of violating facilities pursuant to EO 11738;
(c) protection of weflands pursuant to EO 11990; (d) evaluation of flood
hazards in floodplains in accordance with EO 11988; (e) assurance of
project consistency with the approved State management program
developed under the Coastal Zone Management Act of 1972 (16 U.S.C.
§§1451 at seq.); (f) comply with the Clean Air Act of 1977, (42 U.S.C.
§§7401 at seq. and Executive Order 11738) providing for the protection of
and enhancement of the quality of the nation's air resources to promote
public health and welfare and for restoring and maintaining the chemical,
physical, and biological integrity of the nation's waters; (g) protection of
underground sources of drinking water under the Safe Drinking Water Act of
1974, as amended (P.L. 93-523); and, (h) protection of endangered species
under the Endangered Species Act of 1973, as amended (P.L. 93- 205).
12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 at
seq.) related to protecting components or potential components of the
national wild and scenic rivers system.
13. Will assist the awarding agency in assuring compliance with Section 106 of
the National Historic Preservation Act of 1966, as amended (16 U.S.C.
§470), EO 11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et
seq.).
14. Will comply with P.L. 93-348, 45 C.F.R. 46, and DHS Management Directive
026-044 (Directive) regarding the protection of human subjects involved in
research, development, and related activities supported by this Grant.
"Research" means a systematic investigation, including research,
development, testing, and evaluation designed to develop or contribute to
general knowledge. See Directive for additional provisions for including
humans in the womb, pregnant women, and neonates (Subpart B); prisoners
(Subpart C); and children (Subpart D). See also state and local law for
research using autopsy materials.
15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as
amended, 7 U.S.C. §§2131 at seq.) which requires the minimum standards
of care and treatment for vertebrate animals bred for commercial sale, used
in research, transported commercially, or exhibited to the public according to
the Guide for Care and Use of Laboratory Animals and Public Health
Service Policy and Government Principals Regarding the Care and Use of
Animals.
16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C.
§§4801 et seq.) which prohibits the use of lead-based paint in construction
or rehabilitation of residence structures.
17. Will cause to be performed the required financial and compliance audits in
accordance with the Single Audit Act Amendments of 1996 and OMB
Circular No. A-133 (now OMB 2 C.F.R. 200.500), "Audits of States, Local
Governments, and Non -Profit Organizations."
18. Will comply with all applicable requirements of all other Federal laws,
executive orders, regulations, grant guidance, and policies governing this
Grant.
Page 10 of 20
GRANT TERMS AND CONDITIONS
FEMA -4332 -DR -TX
EXHIBIT B
ASSURANCES - CONSTRUCTION PROGRAMS See Standard Form 424D
As the duly authorized representative of Subrecipient, I certify that Subrecipient:
1. Has the legal authority to apply for Federal assistance, and the
institutional, managerial and financial capability (including funds
sufficient to pay the non -Federal share of project costs) to ensure
proper planning, management and completion of project described in
this Grant.
2. Will give the Department of Homeland Security, the Department of
Public Safety, the Comptroller General of the United States and, if
appropriate, the State, the right to examine all records, books, papers,
or documents related to this Grant and will establish a proper
accounting system in accordance with generally accepted accounting
standards or agency directives.
3. Will not dispose of, modify the use of, or change the terms of the real
property title or other interest in the site and facilities without
permission and instructions from the awarding agency. Will record the
Federal awarding agency directives and will include a covenant in the
title of real property acquired in whole or in part with Federal assistance
funds to assure nondiscrimination during the useful life of this Grant.
4. Will comply with the requirements of the assistance awarding agency
with regard to the drafting, review and approval of construction plans
and specifications.
5. Will provide and maintain competent and adequate engineering
supervision at the construction site to ensure that the complete work
conforms with the approved plans and specifications and will furnish
progressive reports and such other information as may be required by
the awarding agency or State.
6. Will initiate and complete the work within the applicable time frame
after receipt of approval of the awarding agency.
7. Will establish safeguards to prohibit employees from using their
positions for a purpose that constitutes or presents the appearance of
personal or organizational conflict of interest or personal gain.
8. Will comply with the Intergovernmental Personnel Act of 1970 (42
U.S.C. §§4728-4763) relating to prescribed standards of merit systems
for programs funded under one of the 19 statutes or regulations
specified in Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 C.F.R. 900, Subpart F).
9. Will comply with the Lead -Based Paint Poisoning Prevention Act (42
U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in
construction or rehabilitation of residence structures.
10. Will comply with all Federal statutes relating to nondiscrimination.
These include but are not limited to: (a) Title VI of the Civil Rights Act of
1964 (P.L. 88-352) which prohibits discrimination on the basis of race,
color or national origin; (b) Title IX of the Education Amendments of
1972, as amended (20 U.S.C. §§1681 1683, and 1685-1686 and 44
C.F.R. Part 19), which prohibits discrimination on the basis of sex, (c)
Section 504 of the Rehabilitation Act of 1973, as amended (29) U.S.C.
§794), which prohibits discrimination on the basis of handicaps; (d) the
Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107),
which prohibits discrimination on the basis of age; (e) the Drug Abuse
Office and Treatment Act of 1972 (P.L. 92-255), as amended relating to
nondiscrimination on the basis of drug abuse; (f) the Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and
rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; (g)
§§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C.
§§290dd-3 and 290ee-3), as amended, relating to confidentiality of
alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights
Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; (i) any
other nondiscrimination provisions in the specific statue(s) under which
agreement for Federal assistance is being made; and 0) the
TDEM — September 2017
requirements of any other nondiscrimination statue(s) which may apply
to the agreement.
11. Will comply or has already complied with the requirements of Titles II
and III of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and
equitable treatment of persons displaced or whose property is acquired
as a result of Federal and federally -assisted programs. These
requirements apply to all interests in real property acquired for project
purposes regardless of Federal participation in purchases.
12. Will comply with the provisions of the Hatch Act (5 U.S.C. §§1501-1508
and 7324-7328) which limit the political activities of employees whose
principal employment activities are funded in whole or in part with
Federal funds.
13. Will comply, as applicable, with the provisions of the Davis -Bacon Act
(40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and
18 U.S.C. §874), and the Contract Work Hours and Safety Standards
Act (40 U.S.C. §§327- 333) regarding labor standards for federally -
assisted construction sub -agreements.
14. Will comply with flood insurance purchase requirements of Section
102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which
requires recipients in a special flood hazard area to participate in the
program and to purchase flood insurance if the total cost of insurable
construction and acquisition is $10,000 or more.
15. Will comply with environmental standards which may be prescribed
pursuant to the following: (a) institution of environmental quality control
measures under the National Environmental Policy Act of 1969 (P.L.
91- 190) as amended by 42 U.S.C. 4311 et seq. and Executive Order
(EO) 11514 which establishes national policy goals and procedures to
protect and enhance the environment, including protection against
natural disasters; (b) notification of violating facilities pursuant to EO
11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation
of flood hazards in floodplains in accordance with EO 11988; (e)
assurance of project consistency with the approved State management
program developed under the Coastal Zone Management Act of 1972
(16 U.S.C. §§1451 et seq.); (f) comply with the Clean Air Act of 1977,
(42 U.S.C. §§7401 et seq. and Executive Order 11738) providing for
the protection of and enhancement of the quality of the nation's air
resources to promote public health and welfare and for restoring and
maintaining the chemical, physical, and biological integrity of the
nation's waters; (g) protection of underground sources of drinking water
under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523);
and, (h) protection of endangered species under the Endangered
Species Act of 1973, as amended (P.L. 93-205).
16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C.
§§1271 et seq.) related to protecting components or potential
components of the national wild and scenic rivers system.
17. Will assist the awarding agency in assuring compliance with Section
106 of the National Historic Preservation Act of 1966, as amended (16
U.S.C. §470), EO 11593 (identification and protection of historic
properties), and the Archaeological and Historic Preservation Act of
1974 (16 U.S.C. §§469a-1 et seq).
18. Will cause to be performed the required financial and compliance
audits in accordance with the Single Audit Act Amendments of 1996
and OMB -Circular No. A-133 (now OMB 2 C.F.R. 200.500), "Audits of
States, Local Governments, and Non -Profit Organizations."
19. Will comply with all applicable requirements of all other Federal laws,
executive orders, regulations, grant guidance and policies governing
this Grant.
Page 11 of 20
GRANT TERMS AND CONDITIONS
FEMA -4332 -DR -TX
Exhibit C
Certifications for Grant Agreements
I
The undersigned, as the authorized official, certifies the following to the best of his/her knowledge and belief.
A. No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person for influencing or
attempting to influence.an officer or employee of an- agency, a Member of Congress, an officer or employee of Congress, or an
employee or 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.
B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee or a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall_
complete and submit Standard Form -LLL Disclosure of Lobbying Activities, in accordance with its instructions.
C. The undersigned shall require that the language of this certification prohibiting lobbying 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. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject
to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
D. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 C.F.R. Part 67, for prospective
participants in primary covered transactions, as defined at 28 C.F.R. Part 67, Section 67.510. (Federal Certification), the
Subrecipient certifies that it and its principals and vendors:
1. Are not debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a
State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. Subrecipient
can access debarment information by going to www.sam.gov and the State Debarred Vendor List at:
www.window.state.tx.us/procurementlorog/vendor performance/debarred.
2. Have not within a three-year period preceding this Grant been convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal,
State, or local) transaction or contract under a public transaction, violation of Federal or State antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen
property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with
commission of any of the offenses enumerated in paragraph (D)(2) of this certification;
4. Have not within a three-year period preceding this Grant had one or more public transactions (Federal, State, or local)
terminated for cause or default; or
5. Where Subrecipient is unable to certify to any of the statements in this certification, he or she shall attach an explanation to
this Grant. (Federal Certification).
E. Federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the
same purpose. Subrecipient may be required to supply documentation certifying that a reduction in non-federal resources
occurred for reasons other than the receipt or expected receipt of federal funds.
F. Subrecipient will comply with 2 C.F.R. Part 180, Subpart C as a condition of receiving grant funds and Subrecipient will require
such compliance in any subgrants or contract at the next tier.
G Subrecipient will comply with the Drug-free Workplace Act, as amended, 412 U.S.C. §701 et seq., which requires Subrecipient to
publish a statement about its drug-free workplace program and give a copy of the statement to each employee (including
consultants and temporary personnel) who will be involved in award -supported activities at any site where these activities will be
carried out. Also, places where work is being performed under the award (i.e., street address, city, state, and zip code) must be
maintained on file. Subrecipient will notify the Grants Officer of any employee convicted of a violation of a criminal drug statute that
occurs in the workplace. For additional information, see 44 C.F.R. Part 17. Subrecipient shall comply with the requirements of the
Drug -Free Workplace Act of 1988, which requires that all organizations receiving grants from any Federal agency agree to
maintain a drug-free workplace.
H. Subrecipient is not delinquent on any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit
disallowances, and benefit overpayments. • See OMB Circular A-129 and form SF -424, item number 17 for additional information
and guidance.
Page 12 of 20
TDEM — September 2017
GRANT TERMS AND CONDITIONS
FEMA -4332 -DR -TX
I. Subrecipient will comply with all applicable requirements of all other federal laws, executive orders, regulations, program and
administrative requirements, policies and any other requirements governing this Grant.
J. Subrecipient understands that failure to comply with any of the above assurances may result in suspension, termination or
reduction of funds in this Grant.
Page 13 of 20
TDEM — September 2017
GRANT TERMS AND CONDITIONS
FEMA -4332 -DR -TX
EXHIBIT D
State of Texas Assurances
As the duly authorized representative of Subrecipient, I certify that Subrecipient:
1. Shall comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of the Su brecipient's
governing body or of the Subrecipient's contractor shall vote or confirm the employment of any person related within the second degree of
affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ
or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a
period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing
body member related to such person in the prohibited degree.
2. Shall insure that all information collected, assembled, or maintained by the Subrecipient relative to a project will be available to the public
during normal business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly prohibited by law.
3. Shall comply with Texas Government Code, Chapter 551, which requires all regular, special, or called meetings of governmental bodies to
be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution.
4. Shall comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments.
5. Shall not contract with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if the Subrecipient is a
health, human services, public safety, or law enforcement agency and the license, permit, or certificate has been revoked by another
health and human services agency or public safety or law enforcement agency.
6. Shall comply with all rules adopted by the Texas Commission on Law Enforcement pursuant to Chapter 1701, Texas Occupations Code,
or shall provide the grantor agency with a certification from the Texas Commission on Law Enforcement that the agency is in the process
of achieving compliance with such rules if the Subrecipient is a law enforcement agency regulated by Texas Occupations Code, Chapter
1701.
7. Shall follow all assurances. When incorporated into a grant award or contract, standard assurances contained in the application package
become terms or conditions for receipt of grant funds. Administering state agencies and subrecipients shall maintain an appropriate
contract administration system to insure that all terms, conditions, and specifications are met. (See UGMS Section —.36 for additional
guidance on contract provisions).
8. Shall comply with the Texas Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local law
enforcement authorities and to. the Texas Department of Child Protective and Regulatory Services. Subrecipient shall also ensure that all
program personnel are properly trained and aware of this requirement.
9. Shall comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of
1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin; (b) Title IX of the Education Amendments
of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps and the Americans with
Disabilities Act of 1990 including Titles I, II, and III of the Americans with Disability Act which prohibits recipients from discriminating on the
basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain
testing entities, 44 U.S.C. §§ 12101-12213; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§6101-6107), which prohibits
discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of'1972 (P.L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and
Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g)
§§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee-3), as amended, relating to confidentiality of
alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental, or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under
which application for Federal assistance is being made; and Q) the requirements of any other nondiscrimination statute(s) which may apply
to this Grant.
10. Shall comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c
and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for
federally assisted construction subagreements.
11. Shall comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L.
91-646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or
federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal
participation in purchases.
12. Shall comply with the provisions of the Hatch Political Activity Act (5 U.S.C. §§7321-29), which limit the political activity of employees
whose principal employment activities are funded in whole or in part with Federal funds.
13. Shall comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental
Personnel Act of 1970, as applicable.
Page 14 of 20
TDEM — September 2017
GRANT TERMS AND CONDITIONS
FEMA -4332 -DR -TX
14. Shall insure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the project are not
listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the
receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing by the EPA (EO 11738).
15. Shall comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law
93-234. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available as a condition for the
receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the
Secretary of the Department of Housing and Urban Development as an area having special flood hazards.
16. Shall comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality
control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of
violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in
accordance with EO 11988; (e) assurance of project consistency with the approved state management program developed under the
Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of federal actions to State (Clear Air) Implementation
Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of
drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) protection of endangered species under the
Endangered Species Act of 1973, as amended (P. L. 93-205).
17. Shall comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential
components of the national wild and scenic rivers system.
18. Shall assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended
(16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of
1974 (16 U.S.C. §§469a-1 et seq.).
19. Shall comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) which requires the
minimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commercially, or
exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government
Principals Regarding the Care and Use of Animals.
20. Shall comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint
in construction or rehabilitation of residential structures.
21. Shall comply with the Pro -Children Act of 1994 (Public Law 103-277), which prohibits smoking within any portion of any indoor facility used
for the provision of services for children.
22. Shall comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms.
23. Shall comply with all applicable requirements of all other federal and state laws, executive orders, regulations, and policies governing this
program.
24. And its principals are eligible to participate and have not been subjected to suspension, debarment, or similar ineligibility determined by
any federal, state, or local governmental entity and it is not listed on a state or federal government's terrorism watch list as described in
Executive Order 13224. Entities ineligible for federal procurement have Exclusions listed at https://www.sam.gov/portal/public/SAM/.
25. Shall adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health as
required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq.
Page 15 of 20
TDEM — September 2017
GRANT TERMS AND CONDITIONS
FEMA -4332 -DR -TX
EXHIBIT E
Environmental Review
As the duly authorized representative of Subrecipient, I certify that Subrecipient:
1. shall assess its federally funded projects for potential impact to environmental resources and historic properties.
2. shall submit any required screening form(s) as soon as possible and shall comply with deadlines established by DPS/TDEM.
Timelines for the Environmental Planning and Historic Preservation (EHP) review process will vary based upon the complexity of
the project and the potential for environmental or historical impact.
3. shall include sufficient review time within its project management plan to comply with EHP requirements. Initiation of any activity
prior to completion of FEMA's EHP review will result in a non-compliance finding and DPS/TDEM will not authorize or release
Grant funds for non-compliant projects.
4. as soon as possible upon receiving this Grant, shall provide information to DPS/TDEM to assist with the legally -required EHP
review and to ensure compliance with applicable EHP laws and Executive Orders (EO) currently using the FEMA EHP Screening
Form OMB Number 1660-0115/FEMA Form 024-0-01 and submitting it, with all supporting documentation, to DPS/TDEM for
review. These EHP requirements include but are not limited to the National Environmental Policy Act, the National Historic
Preservation Act, the Endangered Species Act, EO 11988 — Floodplain Management, EO 11990 — Protection of Wetlands, and EO
12898 — Environmental Justice. Subrecipient shall comply with all Federal, State, and local EHP requirements and shall obtain
applicable permits and clearances.
5. shall not undertake any activity from the project that would result in ground disturbance, facility modification, or purchase and use
of sonar equipment without the prior approval of FEMA. These include but are not limited to communications towers, physical
security enhancements involving ground disturbance, new construction, and modifications to buildings.
6. shall comply with all mitigation or treatment measures required for the project as the result of FEMA's EHP review. Any changes to
an approved project description will require re-evaluation for compliance with EHP requirements before the project can proceed.
7. if ground disturbing activities occur during project implementation, Subrecipient shall ensure monitoring of ground disturbance and
if any potential archeological resources are discovered, Subrecipient shall immediately cease construction in that area and notify
FEMA and the appropriate State Historical Preservation Office.
Page 16 of 20
TDEM — September 2017
GRANT TERMS AND CONDITIONS
FEMA -4332 -DR -TX
EXHIBIT F
Additional Grant Conditions
1. Additional damage requiring a new Public Assistance project to be written must be reported within 60 days
following the Project Scoping meeting with the State- Federal team.
2. All work must be done prior to the approved project completion deadline assigned to each Project (POP).
Should additional time be required, a time extension request must be submitted which: a.) Identifies the
projects requiring an extension. b.) Explains the reason for an extension. c.) Indicates the percentage of
work that has been completed. d.) Provides an anticipated completion date. The reason for an extension
must be based on extenuating circumstances or unusual project requirements that are beyond the control
of your jurisdiction/organization. Failure to submit a time extension request 60 days prior to the end of
the period of performance may result in reduction or withdrawal of federal funds for approved work.
3. Any significant change to a project's approved Scope of Work must be reported and approved through
TDEM and FEMA before starting the project. Failure to do so will jeopardize grant funding. The
Subrecipient shall submit requests for cost overruns requiring additional obligations to TDEM, who will
forward to FEMA for review and approval prior to incurring costs.
4. The Project Completion and Certification Report must be submitted to TDEM within 60 days of all approved
work being completed for each project. If any project requires the purchase of insurance as a condition of
receiving federal funds, a copy of the current policy must be attached to this report, or Duplication of
Benefits form certifying other funds were received to complete the project.
5. A cost overrun appeal on small ($123,100) Public Assistance projects must be reported to the Texas
Division of Emergency Management (TDEM) within 60 days of completing the last small project in order to
be considered for additional funding.
6. Appeals may be filed on any determination made by FEMA or TDEM. All appeals must be submitted to
TDEM within 60 days from receiving written notice of the action you wish to appeal. Should you wish to
appeal a determination contained in the project application, the 60 days will start the day the application is
signed. Appeals for Alternative Projects will be subject to the terms of the signed agreement for the
Alternative Project.
7. Public Assistance program projects will not receive funding until all of the requirements identified in the
comments section of the Project Worksheet are met.
8. You may request a payment of funds on projects by initiating a Request for Reimbursement (RFR) in
TDEM's Grant Management System (GMS) or an Advance of Funds Request (AFR), and including
documentation supporting your request. Small Public Assistance projects are paid upon obligation and will
be initiated by TDEM personnel. Payments for open projects must be requested at least quarterly if
expenditures have been made in that quarter.
9. Subrecipients will be required to submit quarterly project reports (QPR) for open large projects using
TDEM's GMS. Your assigned Grant Coordinator will coordinate the due date for your specific reporting.
Public Assistance program small projects are typically exempt from quarterly reporting, however TDEM
reserves the right to require APRs on any smalls requiring a POP extension. The first quarterly report will
be due at the end of the first full quarter following the quarter in which the project was obligated. No
quarterlies are required for projects that Subrecipient has initiated a closeout request and has provided a
Page 17 of 20
TDEM — September 2017
GRANT TERMS AND CONDITIONS
FEMA -4332 -DR -TX
certificate of completion. Failure to submit required quarterly reports for two or more quarters can
result in withholding or deobligation of funding for Subrecipients until all reports are submitted and
up-to-date.
10.Subrecipients expending $750,000 or more in total Federal financial assistance in a fiscal year will be
required to provide an audit made in accordance with OMB Uniform Guidance; Cost Principles, Audit, and
Administrative Requirements for Federal Awards, Subpart F. A copy of the Single Audit must be submitted
to your cognizant State agency or TDEM within nine months of the end of the subrecipient's fiscal year.
Consult with your financial officer regarding this requirement. If not required to submit a single audit, a letter
must be sent to TDEM certifying to this.
11. Completed record and cost documents for all approved work must be retained for a minimum of three (3)
years from the later of the completion of this project's public objective, submission of the final expenditure
report, any litigation, dispute, or audit. Records shall be retained for three (3) years after any real estate or
equipment final disposition. The DHS or DPS/TDEM may direct Subrecipient to retain documents or to
transfer certain records to DHS custody when DHS determines that the records possess long term
retention value. During this time, all approved projects are subject to State and Federal audit/review.
12.Subrecipients will not make any award to any party which is debarred or suspended, or is otherwise
excluded from participation in the Federal assistance programs (EO 12549, Debarment and Suspension).
Subrecipient must maintain documentation validating review of debarment list of eligible contractors.
13.Subrecipients must keep record of equipment acquired by federal funds for the life cycle of the equipment.
A life cycle for most equipment will be three years, but could be longer. If the fair market value of a piece of
equipment is valued over $5,000, FEMA will have the right to a portion of proceeds if equipment is sold. If
the fair market value of a piece of equipment is less than $5,000, the property can either be retained, sold
or designated as surplus with no further obligation to FEMA.
14.TDEM will be using the new FEMA Public Assistance Delivery Model to facilitate the writing of project
worksheets (Portal). Subrecipient will be responsible for establishing and maintaining an active account in
the Portal and to provide and upload timely, all information requested that is needed to write accurate
project worksheets. The Portal will provide the Subrecipient visibility of the entire project writing process.
15.TDEM will be using its new Grant Management System (GMS) for Subrecipient grant management
functions. Subrecipient will access GMS to initiate Requests for Reimbursements (RFR), Advance of
Funds Requests (AFR), Time Extensions, Scope and Cost changes requests, Quarterly Reports, Project
Closeouts, Appeals, and other items deemed necessary by TDEM. Requested forms and processes may
be adjusted and changed to accommodate GMS processes and requirements. Subrecipient agrees to
monitor GMS as necessary to properly manage and complete awarded projects under this agreement.
16.2 CFR 200.210(a)(15), 2 CFR 200.331(a)(1)(xiii) and (a)(4) make reference to indirect cost rates. The
Subrecipient may use the negotiated Indirect Cost Rate approved by its cognizant agency, or may use the
10% de minimis rate of modified total direct costs (MTDC) (as per § 200.414) when receiving State
Management Costs (SMC). Currently, TDEM reserves all SMC to manage the states roles in the disaster.
Subrecipients are entitled to claim Direct Administrative Costs for each of the projects it manages.
Page 18 of 20
TDEM — September 2017
GRANT TERMS AND CONDITIONS
FEMA -4332 -DR -TX
EXHIBIT G
Additional Grant Certifications
Match Certification .
Subrecipient certifies that it has the ability to meet or exceed the cost share required for all subawards (Projects)
and amendments (versions) under this Grant Agreement.
Duplication `of Program Statement._ `
Subrecipient certifies there has not been, nor will there be, a duplication of benefits for this project.
Match Certification
Federal Debt Disclosure
- z
Subrecipient certifies that it is not delinquent on any Federal Debt.
For Hazard Mitigation Prolects Only:
Maintenance Agreement
f
Applicant certifies that if there is a Maintenance Agreement needed for this facility copy of that agreement will be
provided to IDEM.
EnvirohmentaliJustice Statement
Federal Executive Order 12898 compliance requirements — If there are any concentrations of low income or
minority populations in or near the HMGP project:
1. Applicant certifies that the HMGP project result will not result in a disproportionately high or adverse effect on
low income or minority populations.
OR
2. Applicant certifies that action will betaken to ensure achievement of environmental justice for low income and
minority populations related to this HMGP project.
Page 19 of 20
TDEM — September 2017
GRANT TERMS AND CONDITIONS
FEMA -4332 -DR -TX
Please initial by each Exhibit, acknowledging you have received them, understand them, and
agree to abide by them.
Assurances — Non -Construction Programs, hereinafter referred to as "Exhibit A"
Assurances — Construction Programs, hereinafter referred to as "Exhibit B"
Certifications for Grant Agreements, hereinafter referred to as "Exhibit C'
State of Texas Assurances, hereinafter referred to as "Exhibit D"
Environmental Review Certification, hereinafter referred to as "Exhibit E"
Additional Grant Conditions, hereinafter referred to as "Exhibit F"
Additional Grant Certifications, hereinafter referred to as "Exhibit G'
Request for Information and Documentation referred to as "Exhibit H"
Please sign below to acknowledged acceptance of the grant and all exhibits in
this agreement, and to abide by all terms and conditions.
Signature of Certifying Official
Printed Name and Title
TDEM — September 2017
Date
Page 20 of 20
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to apply for and receive funding
for the City of Beaumont through the Texas Department of Public Safety from the
Division of Emergency Management Grant Program to reimburse eligible expenses
based on damages and recovery from Hurricane Harvey.
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 10th day of
October, 2017.
- Mayor Becky Ames -