HomeMy WebLinkAboutPACKET MAY 15 2018BEAUMONT
TEXAS
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MAY 15, 2018 1:30 PM
CONSENT AGENDA
Approval of minutes — May 8, 2018
Confirmation of board and commission member appointments
A) Authorize the City Manager, or his designee, to execute all documents necessary to
amend a contract between the City of Beaumont and the Texas Department of State
Health Services to accept additional Federal funding
B) Approve the purchase of a new elevator from Setex Construction Corp. for the Jefferson
Theater
C) Authorize the City Manager to execute Change Order No. 1, accept maintenance, and
authorize a final payment for the Bigner Road Asphalt Resurfacing (Roland Road to East
Lucas Drive) Project
D) Approve the purchase and installation of new splash pad equipment for use at Perlstein
Park
E) Authorize the City Manager, or his designee, to execute all documents necessary for a
Data Use Agreement between the City of Beaumont and the Texas Department of State
Health Services
F) Authorize the City Manager to execute Change Order No. 3, accept maintenance, and
authorize a final payment for the 2017 Paving Improvements Project
A
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Sherry Ulmer, Public Health Director
MEETING DATE: May 15, 2018
REQUESTED ACTION: Council consider a resolution authorizing the City Manager, or his
designee, to execute all documents necessary to amend a contract
between the City of Beaumont and the Texas Department of State
Health Services (DSHS) to accept additional Federal funding.
BACKGROUND
The City of Beaumont is eligible for an additional $145,398 in Federal funding associated with a
"Public Health Emergency Preparedness (PHEP)" grant that is governed by the Department of
State Health Services. In cooperation with the Centers of Disease Control, this funding will assist
the Beaumont Public Health Department's Public Health Emergency Preparedness Program with
planning and performing activities and services that will improve and strengthen the local public
health infrastructure within the State of Texas. The extended contract term will begin 07/01/2018
and end on 06/30/2019.
FUNDING SOURCE
There is a 10% match that will be paid for 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, or his designee, be and they are hereby authorized to execute
an amendment to the Contract between the City of Beaumont and the Texas
Department of State Health Services (DSHS) for the Public Health Emergency
Preparedness (PHEP) Grant to assist the Beaumont Public Health Department's Public
Health Emergency Preparedness Program with planning and performing activities and
services that will improve and strengthen the local public health infrastructure within the
State of Texas. The agreement, as amended, is substantially in the form attached
hereto as Exhibit "A" and made a part hereof for all purposes.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
May, 2018.
- Mayor Becky Ames —
DocuSign Envelope ID: 558C83BB-61BA-4382-AED4-91575CE543D9
DEPARTMENT OF STATE HEALTH SERVICES
CONTRACT No. 537-18-0161-00001
AMENDMENT No. 01
RENEWAL
The DEPARTMENT OF STATE HEALTH SERVICES ("System Agency") and BEAUMONT PUBLIC
HEALTH DEPARTMENT ("Grantee"), who are collectively referred to herein asthe "Parties" or
singularly as the "Party" herein, to that certain grant Contract effective July 1, 2017, and
denominated DSHS Contract No. 537-18-0161-00001, now desire to amend the Contract.
WHEREAS, System Agency has elected to extend the term of the Contract in accordance with
Section III of the Contract Signature Document to allow for continued support of the project;
WHEREAS, the Parties desire to correct the numbering in the Contract Signature Document; .
WHEREAS, the Parties desire to specify the legal authority;
WHEREAS, the Parties desire to revise the Budget to add funds for the Contract period
beginning July 1, 2018 through June 30, 2019 (hereinafter referred to as "Fiscal Year 2019" or
"FY2019");
WHEREAS, the Parties desire to revise the Fiscal Year 2018 Statement of Work; and
WHEREAS, the Parties desire to add the FY2019 Statement of Work.
Now, THEREFORE, the Parties hereby amend and modify the Contract as follows:
1. The section numbering in the Contract's Signature Document is hereby corrected to reflect
a sequential order..
2. Section H of the Signature Document, LEGAL AUTHORITY is hereby amended to provide
as follows: This Contract is authorized by and in compliance with the provisions under the
authority of the Texas Government Code Chapter 791.
3. SECTION III of the Signature Document, DURATION is hereby amended to reflect a revised
termination date of June 30, 2019.
4. SECTION IV of the Signature Document, BUDGET, is hereby amended to add ONE
HUNDRED FORTY-FIVE THOUSAND THREE HUNDRED NINETY-EIGHT DOLLARS
($145,398.00) in federal funding with the Grantee providing a total of FOURTEEN
THOUSAND FIVE HUNDRED THIRTY-EIGHT DOLLARS ($14,538.00) in match funds for a
total Contract amount not to exceed of Two HUNDRED NINETY THOUSAND SEVEN
HUNDRED NINETY -Six DOLLARS ($290,796.00). All expenditures under the Contract will
be in accordance with the revised budget set forth herein. Funds provided in support of one
Contract activity may only be used for that activity and may not be comingled with other
funds provided under this Contract.
System Agency Contract No. 537-18-0161-00001 Page 1 of 4
i
EXHIBIT "A"
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5. SECTION VI of the Signature Document, LEGAL NOTICES, is amended to replace the
System Agency information in its entirety with the following:
Department of State Health Services
Attention: General Counsel
1100 W. 49h Street, MC 1911
Austin, TX 78756
6. SECTION VII of the Signature Document, ADDITIONAL GRANT INFORMATION, is
supplemented with the following grant information:
Federal Award Identification Number (FAIN): 1 NU90TP921879-01-00
Awarding Official Contact Information:
Stephany Vento
1600 Clifton Road, MS D29
DSLR
Atlanta, GA 30329
Phone: 404-960-9023
DUNS: 073901118
7. The Parties agree to add the following new Section VIII to the Signature Document:
VIII. NOTICE TO PROCEED
Funding for this Contract is dependent on the award of the applicable federal grant. No FY
2019 work may begin and no charges may be incurred until the System Agency issues a
written notice to proceed to Grantee. This Notice to Proceed. may include an amended or
ratified budget which will be incorporated into this Contract by a subsequent amendment,
as necessary. Notwithstanding the preceding, at the discretion of the System Agency,
Grantee maybe eligible to receive reimbursement for eligible expenses incurred during the
period of performance as defined by 2 CFR §200.309.
ATTACHMENT A - STATEMENT OF WORK, is deleted in its entirety, and replaced with
ATTACHMENT A.1 - FY2018 STATEMENT OF WORK.
System Agency Contract No. 537-18-0161-00001 Page 2 of 4-
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9. ATTACHMENT B, BUDGET is hereby amended by deleting the budget table in its entirety
and replacing it with the following:
Budget
Categories
FY18
Budget
Summary
(7/1/17—
(7/1/17-
6/30/18
FY19 Budget
Summary
(711/18—
7/1/18—
6/30/19)
Total Budget
Summary
Personnel
$67,725.00
$67,887.00
$135,612.00
Fringe Benefits
$42,077.00
$44,072.00
$86,149.00
Travel
$15,029.00
$18,236.00
$33,265.00
Equipment
$0.00
$0.00
$0.00
Supplies
$18,096.00
$14,637.00
$32,733.00
Contractual
$0.00
$0.00
$0.00
Other
$17,016.00
$15,104.00
$32,120.00
Sum' of Direct
Costs
$159,943.00
$159,936.00
$319,879.00
Indirect Costs
$0.00
$0.00
$0.00
Sum of Total
Direct Costs and
Indirect Costs
$159,943.00
$159,936.00
$319,879.00
Less Match (Cash
or In -Kind
$14,545.00
$14,538.00
$29,083.00
TOTAL
$145,398.00
$145,398.00
$290,796.00
It is agreed that Grantee shall provide matching funds in the amount of $29,083.00.
10. The Parties agree to add ATTACHMENT A.2, FY2019 STATEMENT OF WORK, which is
attached to this Amendment and incorporated into the Contract as if fully set forth therein.
11. This Amendment No. 01 shall be effective as of the date last signed below.
12. Except as amended and modified by this Amendment No. 01, all terms and conditions of
the Contract, shall remain in full force and effect.
13. Any further revisions to the Contract shall be by written agreement of the Parties.
SIGNATURE PAGE FOLLOWS
System Agency Contract No. 537-18-0161-00001 Page 3 of 4
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SIGNATURE PAGE FOR AMENDMENT No. 01
SYSTEM AGENCY CONTRACT No. 537-18-0161-00001
TEXAS DEPARTMENT OF STATE HEALTH BEAUMONT PUBLIC HEALTH DEPARTMENT
SERVICES
David Gruber
Name:
Associate Commissioner Title:
Division for Regional and Local Health
Operations
Date of Execution:
Date of Execution:
ARTICLE 1: THE FOLLOWING ATTACHMENTS ARE ATTACHED AND INCORPORATED AS PART
OF THE CONTRACT:
ATTACHMENT A.1- FY2018 STATEMENT OF WORK
ATTACHMENT A.2 - FY2019 STATEMENT OF WORK
ATTACHMENT C- FFATA
System Agency Contract No. 537-18-0161-00001 - Page 4 of 4
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ATTACHMENT A.1
STATEMENT OF WORK
Upon Execution through June 30, 2018
I. GRANTEE RESPONSIBILITIES
Grantee will:
A. Perform activities in support of the PREP Cooperative Agreement from the Centers for
Disease Control and Prevention (CDC) to align PHEP and Hospital Preparedness Programs
(HPP) and advance public health and healthcare preparedness.
B. Perform the activities required under this Contract in the following county: .Jefferson
County.
C. Provide System Agency with situational awareness data generated through interoperable
networks of electronic data systems.
D. Address the f6llowing public health preparedness capabilities:
1. Capability 1— Community Preparedness is the ability of communities to prepare for,
withstand, and recover — in both the short and long terms — from public health
incidents.
2. Capability 2 — Community Recovery is the ability to collaborate with community
partners (e.g., healthcare organizations, business, education, and emergency
management), to plan and advocate for the rebuilding of public health, medical, and
mental/behavioral health systems to at least a level of functioning comparable to pre -
incident levels and improved levels where possible.
3. Capability 3 —Emergency Operations Center Coordination is the ability to direct and
support an event or incident with public health or medical implications by
establishing a standardized, scalable system of oversight, organization, and
supervision consistent with jurisdictional standards and practices with the National
Incident Management System.
4. Capability 4 — Emergency Public Information and Warning is the ability to develop,
coordinate, and disseminate information, alerts, warnings, and notifications to the
public and incident management responders.
5. Capability 5 — Fatality Management is the ability to coordinate with other
organizations (e.g., law enforcement, healthcare, emergency management, and
medical examiner/coroner) to ensure the proper recovery, handling, identification,
transportation, tracking, storage, and disposal of human remains and personal effects;
certify cause of death; and facilitate access to mental/behavioral health services to the
family members, responders, and survivors of an incident.
6. Capability 6 — Information Sharing is the ability to conduct multijurisdictional,
multidisciplinary exchange of health-related information and situational awareness
data among federal, state, local, territorial, and tribal levels of government, and the
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ATTACHMENT A.1
t STATEMENT OF WORK
Upon Execution through June 30, 2018
private sector. This capability includes the routine sharing of information as well as
issuing of public health alerts to federal, state, local, territorial, and tribal levels of
government and the private sector in preparation for and in response to events or
incidents of public health significance.
7. Capability 7 — Mass Care is the ability to coordinate with partner agencies to address
the public health, medical, and mental/behavioral health needs of those impacted by
an incident at a congregate location. This capability includes the coordination of
ongoing surveillance and assessment to ensure that local health needs continue to be
met as the incident evolves.
8. Capability 8 — Medical Countermeasure Dispensing is the ability to provide medical
countermeasures (including vaccines, antiviral drugs, antibiotics, antitoxin, etc.) in
support of treatment or prophylaxis (oral or vaccination) to the identified population
in accordance with public health guidelines and/or recommendations.
9. Capability 9 — Medical Materiel Management and Distribution is the ability to
acquire, maintain (e.g., cold chain storage or other storage protocol), transport,
distribute, and track medical materiel (e.g., pharmaceuticals, gloves, masks, and
ventilators) during an incident and to recover and account for unused medical
materiel, as necessary, after an incident.
10. Capability 10 — Medical Surge is the ability to provide adequate medical evaluation
and care during events that exceed the limits of the normal medical infrastructure of
an affected community. It encompasses the ability of the healthcare system to survive
a hazard impact and maintain or rapidly recover operations that were compromised.
11. Capability 11—Non-Pharmaceutical Interventions is the ability to recommend to the
applicable lead agency (if not public health) and implement, if applicable, strategies
for disease, injury, and exposure control. Strategies include the following: isolation.
and quarantine; restrictions on movement and travel advisory/warnings; social
distancing; external decontamination; hygiene; and precautionary behaviors.
12. Capability 12 — Public Health Laboratory Testing is the ability to conduct rapid and
conventional detection, characterization, confirmatory testing, data reporting,
investigative support, and laboratory networking to address actual or potential
exposure to all -hazards. Hazards include chemical, radiological, and biological, and
biological agents in multiple matrices that may include clinical samples, food, and
environmental samples (e.g., water, air, and soil). This capability supports routine
surveillance, including pre -event incident and post -exposure activities.
13. Capability 13 — Public Health Surveillance and Epidemiological Investigations is the
ability to create, maintain, support, and strengthen routine surveillance and detection
systems and epidemiological investigation processes, as well as to expand these
systems and processes in response to incidents of public health significance.
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ATTACHMENT A.1
STATEMENT OF WORK
Upon Execution through June 30, 2018
14. Capability14 — Responder Safety and Health describes the ability to protect public
health agency staff responding to an incident and the ability to support the health and
safety needs of hospital and medical facility personnel, if requested.
15. Capability 15 —Volunteer Management is the ability to coordinate the identification,
recruitment, registration, credential verification, training, and engagement of
volunteers to support the jurisdictional public health agency's response to incidents
of public health significance.
E. Match funds awarded under this Contract with costs or third -party contributions that are not
paid by the federal government under another award, except where authorized by federal
- statute to be used for cost sharing or matching. The non-federal contributions (match) may
be provided directly or through donations from public or private entities and may be in cash
or in-kind donations, fairly evaluated, including plant, equipment, or services. The costs that
the Grantee incurs in fulfilling the matching or cost-sharing requirement are subject to the
same requirements, including the cost principles, that are applicable to the use of Federal
funds, including prior approval requirements and other rules for allowable costs as described
in 45 CFR 74.23 and 45 CFR 92.24, as amended.
Grantee will provide matching in the amount of at least ten percent (10%) of the allocation
amount. Cash match is defined as an expenditure of cash by the Grantee on allowable costs
of this Contract that are borne by the Grantee. In-kind match is defined as the dollar value of
non-cash contributions by a third parry given in goods, commodities, or services that are used
in activities that benefit this Contract's project and that are contributed by non-federal third
parties without charge to the Grantee. The criteria for match must:
1. Be an allowable cost under the applicable federal cost principle;
2. Be necessary and reasonable for the efficient accomplishment of project or program
objectives;
3. Be verifiable within the Grantee's (or subcontractor's) records;
4. Be documented, including methods and sources, in the approved budget (applies only
to cost reimbursement contracts);
5. Not be included as contributions toward any other federally -assisted project or
program (match can count only once);
6. Not be paid by the federal government under another award, except where authorized
by federal statute to'be used for cost sharing or match;
7. Conform to other provisions of governing circulars/statutes/regulations as applicable
for the Contract;
8. Be adequately documented;
9. Follow procedures for generally accepted accounting practices as well as meet audit
requirements; and
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ATTACHMENT A.1
STATEMENT OF WORK
Upon Execution through June 30, 2018
10. Value the in-kind contributions reported and must be supported by documentation
reflecting the use of goods and/or services during the Contract term.
F. In the event of a public health emergency involving a portion of the state, mobilize and
dispatch staff or equipment purchased. with funds from previous PHEP cooperative
agreements and not currently performing critical duties in the jurisdiction served, to the
affected area of the state upon receipt of a written request from System Agency.
G. Inform System Agency in writing if Grantee will not continue performance under this
Contract within 30 days of receipt of an amended standard(s) or guideline(s). System Agency
may terminate this Contract immediately or within a reasonable period of time as determined
by System Agency.
H. Develop, implement and maintain a timekeeping system for accurately documenting staff
time and salary expenditures for all staff funded through this Contract, including partial full-
time employees and temporary staff.
I. Complete and submit programmatic reports as directed by System Agency in a format
specified by System Agency. Due dates will be listed in the most current System Agency
reporting schedule, to be released within thirty (3 0) days of the Contract start date. Grantee
will provide System Agency other reports, including fmancial reports, that System Agency
determines necessary to accomplish the objectives of this Contract and to monitor
compliance.
J. Submit Performance Measures to System Agency within an established timeframe designated
by System Agency as required by the CDC.
K. Submit the work plan that encompasses the Contract term, due to System Agency within an
established timeline designated by System Agency.
L. Conduct, or participate in, an annual Training and Exercise Planning Workshop (TEPW)
with all applicable agencies in accordance with Homeland Security Exercise and Evaluation
Program (HSEEP) guidelines to develop a strategy and structure for a multi-year Training
and Exercise Plan (TEP). Prepare, maintain, and upon request, submit a copy of the TEPW
agenda and participant roster as documentation of TEPW attendance.
M. Submit a current Multi -Year Training & Exercise Plan that covers FYI through FY23 (July
1, 2017, through June 30, 2022) to System Agency within an established timeframe
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ATTACHMENT A.1
STATEMENT OF WORK
Upon Execution through June 30, 2018
designated by System Agency, using the template provided by System Agency.
N. Conduct, or participate in, at least one annual Preparedness Exercise consistent with their
TEP. Submit a Notification of Exercise (NOE) form to the System Agency Preparedness
Exercise inbox at preparednessexercisegdshs.texas.gov no later than sixty (60) days prior to
the start of the exercise.
O. Submit at least one (1) After Action Review/Improvement Plan (AAR/IP). All AAR/IPs
must be submitted to the System Agency Preparedness Exercise inbox,
preparednessexercisendshs.texas.gov within sixty (60) days of the completion of the
exercise to System Agency Exercise Team and no later than June 30, 2018. AAR/IPs must
be completed in accordance with the System Agency Exercise Guide.
P. Complete and submit the Operational Readiness Review (ORR) and all supporting
documents provided by System Agency to System Agency SNS SharePoint twenty (20)
business days prior to review.
1. Provide updated Point of Dispensing (POD) standards data for submission to System
Agency SNS SharePoint by April 1, 2018;
2. Perform and submit metrics on each of the three (3) SNS operation drills (at pre-
identified POD locations and existing call down rosters) and submit After Action
Reviews/Improvements sixty (60) days after completion of the drill or by April 1,
2018 to the preparednessexercisegdshs.texas.gov inbox. Acceptable drills include:
a. Staff Call Down;
b. Facility Set-up; and
c. POD Activation.
Q. Submit the Mid -Year Report due to System Agency within an established timeframe
designated by System Agency.
R. Complete an End -Of -Year Performance Report in a format specified by System Agency
no later than August 15, 2018.
S. Designate a member of the PHEP program to attend, in person, three (3) PHEP quarterly
meetings during the Contract term. If the designee is unable to attend any of the meetings in
person, the Grantee must notify System Agency in writing as to the reason for non-
compliance.
T. Designate a member of the PHEP program to attend, in person, four regional healthcare
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ATTACHMENT A.1
STATEMENT OF WORK
Upon Execution through June 30, 2018
coalition meetings during the term of the Contract from July 1, 2017, to June 30, 2018.
Submit sign -in sheets from meetings as evidence of attendance.
U. Immediately notify System Agency in writing if Grantee is legally prohibited from providing
any report under this Contract.
V. Use the Texas,Disaster Volunteer Registry (TDVR), which is Texas' version of the
Emergency System for the Advanced. Registration of Volunteer Health Professionals (ESAR-
VHP), as their main volunteer management tool, if utilizing Medical Reserve Corps or other
volunteer groups. If Grantee uses volunteers as provided in the Section, the Grantee must
either:
1. Request access to the TDVR from the State ESAR-VHP System Administrator, enter
all volunteer data into the system using the Intermedix Data Input Form, and submit
the form to the State ESAR-VHP System Administrator; or
2. Petition System Agency in writing for an exemption from using the TDVR.
Successful petitioners must be currently using a fully operational, ESAR-VHP-
compliant, web -based volunteer management system. If petitioning System Agency
to use a fully operational, ESAR-VHP-compliant, web -based volunteer management
system, then the substitute system must meet, but is not limited to, the following
federal requirements:
a. Must offer Internet -based registration;
b. Volunteer information is collected and maintained in a manner consistent
with all federal, state and local laws governing security and
confidentiality;
c. Must be able to register and collect the credentials and qualifications of
health professionals that are then verified with the issuing entity or
appropriate authority;
d. Must be able to verify the credentials of the 20 mandated professions;
e. Must be able to assign to one of four emergency credential levels;
f. Must be able to identify volunteers willing to participate in a federally
coordinated emergency response;
g. Must be able to re -verify professional credentials every 6 months;
h. Must have the ability to include the differing scope of work information
for each of the 20 mandated professions;
i. , Must be able to record all volunteer health professional affiliations; and
j. Must be able to verify that all volunteers across all credential levels not .
be included on the U.S. Department'of Health and Human Services,
Office of the Inspector General's List of Excluded Individuals/Entities
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ATTACHMENT A.1
STATEMENT OF WORK
Upon Execution through June 30, 2018
(LEIS).
k. Additionally, the fully operational, ESARNHP-compliant, web -based
volunteer management system must be able to register, collect, and verify
the credentials and qualifications of the health professionals entered into
the system.
W. Grantee may not use funds for research, clinical care, fund-raising activities or lobbying,
construction or major renovations, reimbursement of pre -award costs, to supplant existing
state or federal funds for activities, payment or reimbursement of backfilling costs for staff,
purchase of vehicles of any kind, or funding an award to another party or provider who is
ineligible.
X. Cooperate with System Agency to coordinate all planning, training and exercises performed
under this Contract with local emergency management and the Texas Division of Emergency
Management (TDEM) District Coordinators assigned to the Grantee's sub -state region, to
ensure consistency and coordination of requirements at the local level and eliminate
duplication of effort between the various domestic preparedness funding sources in the state.
Y. Coordinate all risk communication activities with the System Agency Communications Unit
by using System Agency's core messages posted on the System Agency website, and
submitting copies of draft risk communication materials to System Agency for coordination
prior to dissemination.
Z. Initiate the purchase of approved equipment no later than June 30, 2018, as documented by
issue of a purchase order or written order confirmation from the vendor on or before June 3 0,
2018. In addition, all equipment and supplies must be received not later than 45 calendar
days following the end of the Contract term.
AA. Comply with all applicable federal and state laws, rules, and regulations including, but not
limited to, the following:
1. Public Law 107-188, Public Health Security and Bioterrorism Preparedness and
Response Act of 2002;
2. Public Law 113-05, Pandemic and All -Hazards Preparedness Reauthorization Act;
and
3. Texas Health and Safety Code Chapter 81.
BB. Comply with all applicable regulations, standards and guidelines in effect on the beginning
date of the Term of this Contract.
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ATTACHMENT A.1
STATEMENT OF WORK
Upon Execution through June 30, 2018
CC. Submit a current Texas Preparedness and Evaluation Process (TxPEP) report to System
Agency within an established timeframe designated by System Agency, using the template
provided by System Agency.
DD. Submit a report on the Jurisdiction's vulnerable population outreach activities to System
Agency within an established timeframe designated by System Agency, using a template
provided by System Agency.
EE. Work with the Regional Health Care Coalition to develop comprehensive preparedness
strategies. Plans will be submitted to DSHS by the Health Care Coalition.
II. PERFORMANCE MEASURES
System Agency will monitor the Grantee's performance. of the requirements and compliance with the
Contract's terms and conditions. Grantee must demonstrate. adherence to PHEP reporting deadlines
and the capability to receive, stage, store, distribute, and dispense materiel during a public health
emergency. Failure to meet these requirements may result in withholding a portion of the current
PHEP base awards.
The initial reporting requirement schedule for the requirements is subject to change as System
Agency and CDC may modify requirements and due dates. System Agency will send Grantee a .
requirements schedule within thirty (30) days of the Contract start date.
M. INVOICE AND PAYMENT
A. Grantee will request payment using the State of Texas Purchase Voucher (Form B-13) on a
monthly basis and acceptable supporting documentation for reimbursement of the required
services/deliverables. Additionally, the Grantee will submit the Financial Status Report
(FSR -269A) and the Match Certification Form (B -13A). Vouchers, supporting
documentation, Financial Status Reports, and Match Certification Forms should be mailed or
emailed to the addresses below.
Department of State Health Services
Claims Processing Unit, MC 1940
1100 West 49th Street
P.O. Box 149347
Austin, TX 78714-9347
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ATTACHMENT A.1
STATEMENT OF WORK
Upon Execution through June 30, 2018
FAX: (512) 458-7442
EMAIL: invoiceskdshs.texas.gov, Php. vouchers upportkdshs.texas.gov &
CMSInvoiceskdshs.texas. goy
B-13, 13-13A, and supporting documentation should be sent to: invoices ,dshs.texas.gov,
'Php.vouchersupport&dshs.texas.gov & CMSInvoicesgdshs.texas.gov
FSRs should be sent to: invoicesgdshs.texas.gov, Php.vouchersupportgdshs.texas.gov,
FSRGrantsgdshs.texas.gov & CMSInvoices(2dshs.texas.gov
B. Grantee will be paid on a monthly basis and in accordance with Attachment B, Budget.
C. System Agency reserves the right, where allowed by legal authority, to redirect funds in the
event of financial shortfalls. System Agency will monitor Grantee's expenditures on a
quarterly basis. If expenditures are below that projected in Grantee's total Contract amount,
Grantee's budget may be subject to a decrease for the remainder of the Term of the Contract.
Vacant positions existing after ninety /days may result in a decrease in funds.
D. Grantee may request a one-time working capital advance not to exceed 12% of the total
amount of the Contract funded by DSHS. All advances must be expended by the end of the
Contract term. Advances not expended by the end of the Contract term must be refunded to
DSHS.
Grantee will repay all or part of advance funds at any time during the Contract's term.
However, if the advance has not been repaid prior to the last three months of the Contract
term, the Grantee must deduct at least one-third of the remaining advance from each of the
last three months' reimbursement requests. If the advance is not repaid prior to the last three
months of the Contract term, DSHS will reduce the reimbursement request.by one-third of
the remaining balance of the advance.
System Agency Contract No. 537-18-0161-00001
v. 11.15.2016 Page 9
DocuSign Envelope ID: 558C83BB-61 BA-4382-AED4-91575CE543D9
ATTACHMENT A.2
STATEMENT OF WORK
July 1, 2018 through June 30, 2019
I. GRANTEE RESPONSIBILITIES
Grantee will:
A. Perform activities in support of the PHEP Cooperative Agreement from the Centers for
Disease Control and Prevention (CDC) to align PHEP and Hospital Preparedness Programs
(HPP) and advance public health and healthcare preparedness.
B. Perform the activities required under this Contract in the following county: Jefferson County.
C. Provide System Agency with situational awareness data generated through interoperable
networks of electronic data systems.
D. Address the following public health preparedness capabilities:
1. Capability 1— Community Preparedness is the ability of communities to prepare for,
withstand, and recover — in both the short and long terms — from public health
incidents.
2. Capability 2 — Community Recovery is the ability to collaborate with community
partners (e.g., healthcare organizations, business, education, and emergency
management) to plan and advocate for the rebuilding of public health, medical, and
mentalibehavioral health systems to at least a level of functioning comparable to pre -
incident levels and improved levels where possible.
3. Capability 3 — Emergency Operations Center Coordination is the ability to direct and
support an event or incident with public health or medical implications by
establishing a standardized, scalable system of oversight, organization, and
supervision consistent with jurisdictional standards and practices with the National
Incident Management System.
4. Capability 4 — Emergency Public Information and Warning is the ability to develop,
coordinate, and disseminate information, alerts, warnings, and notifications to the
public and incident management responders.
5. Capability 5 — Fatality Management is the ability to coordinate with other
organizations (e.g., law enforcement, healthcare, emergency management, and
medical examiner/coroner) to ensure the proper recovery, handling, identification,
transportation, tracking, storage, and disposal of human remains and personal effects;
certify cause of death; and facilitate access to mental/behavioral health services to the
family members, responders, and survivors of an incident.
6. Capability 6 — Information Sharing is the ability to conduct multijurisdictional,
multidisciplinary exchange of health-related information and situational awareness
data among federal, state, local, territorial, and tribal levels of government, and the
private sector. This capability includes the routine sharing of information as well as
System Agency Contract No. 537-18-0161-00001
v. 11.15.2016 Page 1
DocuSign Envelope ID: 558C83BB-61 BA-4382-AED4-91575CE543D9
ATTACHMENT A.2
STATEMENT OF WORK
July 1, 2018 through June 30, 2019
issuing of public health alerts to federal, state, local, territorial, and tribal levels of
government and the private sector in preparation for and in response to events or
incidents of public health significance.
7. Capability 7 — Mass Care is the ability to coordinate with partner agencies to address
the public health, medical, and mental/behavioral health needs of those impacted by
an incident at a congregate location. This capability includes the coordination of
ongoing surveillance and assessment to ensure that local health needs continue to be
met as the incident evolves.
8. � Capability 8 — Medical Countermeasure Dispensing is the ability to provide medical
countermeasures (including vaccines, antiviral drugs, antibiotics, antitoxin, etc.) in
support of treatment or prophylaxis (oral or vaccination) to the identified population
in accordance with public health guidelines and/or recommendations.
9. Capability 9 — Medical Materiel Management and Distribution is the ability to
acquire, maintain (e.g., cold chain storage or other storage protocol), transport,
distribute, and track medical materiel (e.g., pharmaceuticals, gloves, masks, and
ventilators) during an incident and to recover and account for unused medical
materiel, as necessary, after an incident.
10. Capability 10 — Medical Surge is the ability to provide adequate medical evaluation
and care during events that exceed the limits of the normal medical infrastructure of
an affected community. It encompasses the ability ofthe healthcare system,to survive
a hazard impact and maintain or rapidly recover operations that were compromised.
11. Capability 11—Non-Pharmaceutical Interventions is the ability to recommend to the
applicable lead agency (if not public health) and implement, if applicable, strategies
for disease, injury, and exposure control. Strategies include the following: isolation
and quarantine; restrictions on movement and travel advisory/warnings; social
distancing; external decontamination; hygiene; and precautionary behaviors.
12. Capability 12 — Public Health Laboratory Testing is the ability to conduct rapid and
conventional detection, characterization, confirmatory testing, data reporting,
investigative support, and laboratory networking to address actual -or potential
exposure to all -hazards. Hazards include chemical, radiological, and biological, and
biological agents in multiple matrices that may include clinical samples, food, and
environmental samples (e.g., water, air, and soil). This capability supports routine
surveillance, including pre -event incident and post -exposure activities.
13. Capability 13 — Public Health Surveillance and Epidemiological Investigations is the
ability to create, maintain, support, and strengthen routine surveillance and detection
systems and epidemiological investigation processes, as well as to. expand these
systems and processes in response to incidents of public health significance.
14. Capability 14 — Responder Safety and Health describes the ability to protect public
System Agency Contract No. 537-18-0161-00001
v. 11.15.2016 Page 2
DocuSign Envelope ID: 558C83BB-61BA-4382-AED4-91575CE543D9
ATTACEMENT A.2
STATEMENT OF WORK
July 1, 2018 through June 30,'2019
health agency staff responding to an incident and the ability to support the health and
safety needs of hospital and medical facility personnel, if requested.
15. Capability 15 —Volunteer Management is the ability to coordinate the identification,
recruitment, registration, credential verification, training, and engagement of
volunteers to support the jurisdictional public health agency's response to incidents
of public health significance.
E. Match funds awarded under this Contract with costs or third -party contributions that are not
paid by the federal government under another award, except where authorized by federal
statute to be used for cost sharing or matching. The non-federal contributions (match) may
be provided directly or through donations from public or private entities and may be in cash
or in-kind donations, fairly evaluated, including plant, equipment, or services. The costs that
the Grantee incurs in fulfilling the matching or cost-sharing requirement are subject to the
same requirements, including the cost principles, that are applicable to the use of Federal
funds, including prior approval requirements and other rules for allowable costs as described
in 45 CFR 74.23 and 45 CFR 92.24, as amended.
Grantee will provide matching in the amount of at least ten percent (10%) of the allocation
amount. Cash match is defined as an expenditure of cash by the Grantee on allowable costs
of this Contract that are borne by the Grantee. In-kind match is defined as the dollar value of
non-cash contributions by a third party given in goods, commodities, or services that are used
in activities that benefit this Contract's project and that are contributed by non-federal third
parties without charge to the Grantee. The criteria for match must:
1. Be. an allowable cost under the applicable federal cost principle;
2. Be necessary and reasonable for the efficient accomplishment of project or program
objectives;
3. Be verifiable within the Grantee's (or subcontractor's) records;
4. Be documented, including methods and sources, in the approved budget (applies only
to cost reimbursement contracts);
5. Not be included as contributions toward any other federally -assisted project or
program (match can count only once);
6. Not be paid by the federal government under another award, except where authorized
by federal statute to be used for cost sharing or match;
7. Conform to other provisions of governing circulars/statutes/regulations as applicable
for the Contract;
8. Be adequately documented;
9.` Follow procedures for generally accepted accounting practices as well as meet audit
requirements; and ,
10. Value the in-kind contributions reported and must be supported by documentation
System Agency Contract No. 537-18-0161-00001
v. 11.15.2016 Page 3
DocuSign Envelope ID: 558C83BB-61BA-4382-AED4-91575CE543D9
ATTACHMENT A.2
STATEMENT OF WORK
July 1, 2018 through June 30, 2019
reflecting the use of goods and/or services during the Contract term.
F. In the event of a public health emergency involving a portion of the state, mobilize and
dispatch staff or equipment purchased with funds from previous PHEP cooperative
agreements and not currently performing critical duties in the jurisdiction served, to the
affected area of the state upon receipt of a written request from System Agency.
G. Inform System Agency in writing if Grantee will not continue performance under this
Contract within 30 days of receipt of an amended standard(s) or guideline(s). System Agency
may terminate this Contract immediately or within a reasonable period of time as determined
by System Agency.
H. Develop, implement and maintain a timekeeping system for accurately documenting staff
time and salary expenditures for all staff funded through this Contract, including partial full-
time employees and temporary staff.
I. Complete and submit programmatic reports as directed by System Agency in a format
specified by System Agency. Due dates will be listed in the most current System Agency
reporting schedule, to be released within thirty (30) days of the Contract start date. Grantee
will provide System Agency other reports, including financial reports, that System Agency
determines necessary to accomplish the objectives of this Contract and to monitor
compliance.
J. Submit.Performance Measures to System Agency within an established timeframe designated
by System Agency as required by the CDC.
K. Submit the work plan that encompasses the Contract term, due to System Agency within an
established timeline designated by System Agency.
L. Conduct, or participate in, an annual Training and Exercise Planning Workshop (TEPW)
with all applicable agencies in accordance with Homeland Security Exercise and Evaluation
Program (HSEEP) guidelines to develop a strategy and structure for a multi-year Training
and Exercise Plan (TEP). Prepare, maintain, and upon request, submit a copy of the TEPW
agenda and participant roster as documentation of TEPW attendance.
M. Submit a current Multi -Year Training & Exercise Plan that covers FYI through FY23 (July
1, 2018, through June 30, 2023) to System Agency within an established timeframe
designated by System Agency, using the template provided by System Agency.
System Agency Contract No. 537-18-0161-00001
v. 11. 15.2016 Page 4
DocuSign Envelope ID: 558C83BB-61BA-4382-AED4-91575CE543D9
ATTACHMENT A.2
STATEMENT OF WORK
July 1, 2018 through June 30, 2019
N. Conduct, or participate in, at least one annual Preparedness Exercise consistent with their
TEP. Submit a Notification of Exercise (NOE) form to System Agency Preparedness
Exercise inbox at preparednessexercisegdshs.texas.gov no later than sixty (60) days prior to
the start of the exercise.
O. Submit at least one (1) After Action Review/Improvement Plan (AARAP). All AAR/IPs
must . be submitted to System Agency Preparedness Exercise inbox,
preparednessexercisekdshs.texas.gov within sixty (60) days of the completion of the
exercise to System Agency Exercise Team and no later than June 30, 2019. AAR/IPs must
be completed in accordance with System Agency Exercise Guide.
P. Complete and submit all supporting documents for the Operational Readiness Review (ORR)
twenty (20) business days prior to review date. The review takes place every other year,
however documentation will still be required annually.
L, Provide updated distribution data document (official name to be determined) for
submission to System Agency SNS SharePoint by April 1, 2019;
2. Perform and submit metrics (data collection sheets) on each of the three (3) SNS
operation drills (at pre -identified Point of Dispensing [POD] locations and existing
call down rosters) to DSHS SharePoint and submit After Action
Reviews/Improvements sixty (60) days after drill completion or by April 1, 2019; to
the prep arednessexercise@dshs.texas.gov inbox. Acceptable drills include:
a. Staff Call Down;
b. Facility Set-up;
c. POD Activation; and
d. Participate in and attend the regional MCM seminar,.when held.
Q. Submit the Capabilities Planning Guide assessment due to System Agency within an
established timeframe designated by System Agency.
R. Submit the Texas Public Health Risk Assessment Tool due to System Agency within an
established timeframe designated by System Agency.
S. Submit the Mid -Year Report due to System Agency within an established timeframe
designated by System Agency.
T. Complete an End -Of -Year Performance Report in a format specified by System Agency
no later than August 15, 2019.
System Agency Contract No. 537-18-0161-00001
v. 11.15.2016 Page 5
DocuSign Envelope ID: 558C83BB-61BA-4382-AED4-91575CE543D9
ATTACHMENT A.2
STATEMENT. OF WORK
July 1, 2018 through June 30, 2019
U. Designate a member" of the PHEP program to attend, in person, three (3) PHEP quarterly
meetings during the Contract term. If the designee is unable to attend any of the meetings in
person, the Grantee must notify System Agency in writing as to the reason for non-
compliance.
V. Designate a member of the PHEP program to attend, in person, four regional healthcare
coalition meetings during the term of the Contract from July 1, 2018, to June 30, 2019.
Submit sign -in sheets from meetings as evidence of attendance.
W. Immediately notify System Agency in writing if Grantee is legally prohibited from providing
any report under this Contract.
X. Use the Texas Disaster Volunteer Registry (TDVR), which is Texas' version of the
Emergency System for the Advanced Registration of Volunteer Health Professionals (ESAR-
VHP) as their main volunteer management tool, if utilizing Medical Reserve Corps or other
volunteer groups. If Grantee uses volunteers as provided in the Section, the Grantee must
either:
1. Request access to the TDVR from the State ESAR-VHP System Administrator, enter
all volunteer data into the system using the Intermedix Data Input Form, and submit
the form to the State ESAR-VHP System Administrator; or
2. Petition System Agency in writing for an exemption from using the TDVR. Successful
petitioners must be currently using a fully operational, ESAR-VEP-compliant, web -
based volunteer management system. If petitioning System Agency to use a fully
operational, ESAR-VEP-compliant, web -based volunteer management system, then
the substitute system must meet, but is not limited to, the following federal
requirements:
a. Must offer Internet -based registration;
b. Volunteer information is collected and maintained in a manner consistent with
all federal, state and local laws governing security and confidentiality;
c. Must be able to register and collect the credentials and qualifications of health
professionals that are then verified with the issuing entity or appropriate
authority;
d. Must be able to verify the credentials of the 20 mandated professions;
e. Must be able to assign to one of four emergency credential levels;
f. Must be able to identify volunteers willing to participate in a federally
coordinated emergency response;
g. Must be able to re -verify professional credentials every 6 months;
System Agency Contract No. 537-18-0161-00001
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DocuSign Envelope ID: 558C83BB-61BA-4382-AED4-91575CE543D9
ATTACHMENT A.2 -
STATEMENT OF WORK
July 1, 2018 through June 30, 2019
h. Must have the ability to include the differing scope of work information for
each of the 20 mandated professions;
i. Must be able to record all volunteer health professional affiliations; and
j. Must be able to verify that all volunteers across all credential levels not be
included on the U.S. Department of Health and Human Services, Office of the
Inspector General's List of Excluded Individuals/Entities (LEIS).
k. Additionally, the fully operational, ESAR-VHP-compliant, web -based
volunteer management system must be able to register, collect, and verify the
credentials and qualifications of the health professionals entered into the
system.
Y. Grantee may not use funds for research, clinical care, fund-raising activities or lobbying,
construction or major renovations, reimbursement of pre -award costs, to supplant existing
state or federal funds for activities, payment or reimbursement of backfilling costs for staff,
purchase of vehicles of any kind, or funding an award to another party- or provider who is
ineligible.
Z. Cooperate with System Agency to coordinate all planning, training and exercises performed
under this Contract with local emergency management and the Texas Division of Emergency
Management (TDEM) District Coordinators assigned to the Grantee's sub -state region, to
ensure consistency, and coordination of requirements at the local level and eliminate
duplication of effort between the various domestic preparedness funding sources in the state.
AA. Coordinate all risk communication activities with the System Agency Communications Unit
by using System Agency's core messages posted on the System Agency website, and
submitting copies of draft risk communication materials to System Agency for coordination
prior to dissemination.
BB. Initiate the purchase of all equipment approved in writing by the System Agency in the first
quarter of the FYI Contract term (July 1, 2018 — June 30, 2019), as applicable. Failure to
timely initiate the purchase of equipment may result in the loss of availability of funds for the
purchase of equipment. Requests to purchase previously approved equipment after the first
quarter in the Contract must be submitted to the assigned System Agency contract manager.
CC. Controlled Assets include firearms, regardless of the acquisition cost, and the following
assets with an acquisition cost of $500 or more, but less than $5,000: desktop and laptop
computers (including notebooks, tablets and similar devices), non-portable printers and
System Agency Contract No. 537-18-0161-00001
v. 11.15.2016 Page 7
DocuSign Envelope ID: 558C83BB-61 BA-4382-AED4-91575CE543D9
ATTACHMENT A.2
STATEMENT OF WORK
July. 1, 2018 through June 30, 2019
copiers, emergency management equipment, communication devices and systems, medical
and laboratory equipment, and media equipment. Controlled Assets are considered Supplies.
DD. Grantee shall maintain an inventory of equipment, supplies defined as Controlled Assets, and
real property and submit an annual cumulative report of the equipment and other property on
HHS System Agency Grantee's Property Inventory Report to the assigned System Agency
contract manager by email not later than October 15 of each year.
EE. System Agency funds must not be used to purchase buildings or real property without prior
written approval from the System Agency. Any costs related to the initial acquisition of the
buildings or real property are not allowable without written pre -approval.
FF. At the expiration or termination of this Contract for any reason, title to any remaining
equipment and supplies purchased with funds under this Contract reverts to System Agency.
Title may be transferred to any other party designated by System Agency. The System
Agency may, at its option and to the extent allowed by law, transfer the reversionary interest
to such property to Grantee.
GG. Comply with all applicable federal and state laws, rules, and regulations including, but not
limited to, the following:
1. Public Law 107-188, Public Health Security and Bioterrorism Preparedness and
Response Act of 2002;
2. Public Law 113-05, Pandemic and All -Hazards Preparedness Reauthorization Act;
and
3. Texas Health and Safety Code Chapter 81.
HH. Comply with all applicable regulations, standards and guidelines in effect on -the beginning
date of the Term of this Contract.
II. Submit a current Texas Preparedness and Evaluation Process (TxPEP) report to System
Agency within an established timeframe designated by System Agency, using the template
provided by System Agency.
JJ. Submit a report on the Jurisdiction's vulnerable population outreach activities to System
Agency within an established timeframe designated by System Agency, using a template
provided by System Agency.
KK. Submit other reports as required by System Agency. The initial reporting schedule for the
System Agency Contract No. 537-18-0161-00001
v. 11.15.2016 Page 8
DocuSign Envelope ID: 558C83BB-61BA-4382-AED4-91575CE543D9
ATTACHMENT A.2
STATEMENT OF WORK
July 1, 2018 through June 30, 2019
requirements is subject to change as System Agency and CDC may modify requirements and
due dates.
LL. Work with the Regional Health Care Coalition to develop comprehensive preparedness
strategies. Plans will be submitted to System Agency by the Health Care Coalition.
H. PERFORMANCE MEASURES
System Agency will monitor the Grantee's performance of the requirements and compliance with the
Contract's terms and conditions. Grantee must demonstrate adherence to PHEP reporting deadlines
and the capability to receive, stage, store, distribute, and dispense materiel during a public health
emergency. Failure to meet these requirements may result in withholding a portion of the current
PHEP base awards.
111 1► XQ-1y IW"1 9314- I13erl
A. Grantee will request payment using the State of Texas Purchase Voucher (Form B-13) on a
monthly basis and acceptable supporting documentation for reimbursement of the required
services/deliverables. Additionally, the Grantee will submit the Financial Status Report
(FSR -269A) and the Match Certification Form (B -13A). Vouchers, supporting
documentation, Financial Status Reports, and Match Certification Forms should be mailed or
emailed to the addresses below.
Department of State Health Services
Claims Processing Unit, MC 1940
1100 West 49th Street
P.O. Box 149347
Austin, TX 78714-9347
FAX: (512) 458-7442
EMAIL: invoicesndshs.texas.gov, Php.vouchersupport,dshs.texas.gov &
CMSInvoicesndshs.texas. gov
B-13, B -13A, and supporting documentation should be sent to: invoicesgdshs.texas.gov,
Php.vouchersupportgdshs.texas.gov & CMSInvoices ckdshs.texas.gov
FSRs should be sent to: invoices cgdshs.texas.goy, Php.vouchersupportgdshs.texas.gov,
System Agency Contract No. 537-18-0161-00001
v. 11.15.2016 Page 9
DocuSign Envelope ID: 558C83BB-61BA-4382-AED4-91575CE543D9
ATTACHMENT A.2
STATEMENT OF WORK
July 1, 2018 through June 30, 2019
FSRGrantskdshs.texas.gov & CMSInvoicesgdshs.texas. ov
B. Grantee will be paid on a monthly basis and in accordance with Attachment B, Budget.
C. System Agency reserves the right, where allowed by legal authority, to redirect funds in the
event of financial shortfalls. System Agency will monitor Grantee's expenditures on a
quarterly basis. If expenditures are below that projected in Grantee's total Contract amount,
Grantee's budget may be subj ect to a decrease for the remainder of the Term of the Contract.
Vacant positions existing after ninety days may result in a decrease in funds.
D. Grantee may request a one-time working capital advance not to exceed 12% of the total
amount of the Contract funded by System Agency. All advances must be expended by the
end of the Contract term. Advances not expended by the end of the Contract term must be
refunded to System Agency.
E. Grantee will repay all or part of advance funds at any time during the Contract's term.
However, if the advance has not been repaid prior to the last three months of the Contract
term, the Grantee must deduct at least one-third of the remaining advance from each of the
last three months' reimbursement requests. If the advance is not repaid prior to the last three
months of the Contract term, System Agency will reduce the reimbursement request by one-
third of the remaining balance of the advance.
System Agency Contract No. 537-18-0161-00001
v. 11.15.2016 Page 10
DocuSign Envelope ID: 558C83BB-61BA-4382-AED4-91575CE543D9
Fiscal Federal Funding Accountability and Transparency Act
(FFATA) CERTIFICATION
The certifications enumerated below represent material facts upon which DSHS relies when reporting
information to the federal government required under federal law. If the Department later determines
that the Contractor knowingly rendered an erroneous certification, DSHS may pursue all available
remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate
written notice to DSHS if at any time Signor learns that any of the certifications provided for below were
erroneous when submitted or have since become erroneous by reason of changed circumstances. If the
Signor cannot certify all of the statements contained in this section, Signor must provide written
notice to DSHS detailing which of the below statements it cannot certify and why.
Legal Name of Contractor:
FFATA Contact # 1 Name, Email and Phone Number:
Primary'Address of Contractor:
FFATA Contact #2 Name, Email and Phone Number:
ZIP Code: 9 -digits Required www.usps.com
DUNS Number: 9 -digits Required www.sam.eov
State of Texas Comptroller Vendor Identification Number (VIN) 14 Digits
Printed Name of Authorized Representative
Signature of Authorized Representative
Title of Authorized Representative
Date
-1-
Department of State Health Services Form 4734 — June 2013
DocuSign Envelope ID: 558C83BB-61BA-4382-AED4-91575CE543D9
Fiscal Federal Funding Accountability and Transparency Act
(FFATA) CERTIFICATION
As the duly authorized representative (Signor) of the Contractor, I hereby certify that
the statements made by me in this certification form are true, complete and correct to
the best of my knowledge.
Did your organization 'have a gross income, from all sources, of less than $300,000 in
your previous tax year? ❑ Yes ❑ No
If your answer is "Yes", skip questions "A", "B", and "C" and finish the certification.
If your answer is "No", answer questions "A" and "B".
A. Certification Regarding % of Annual Gross from Federal Awards.
Did your organization receive 80% or more of its annual gross revenue from federal
awards during the preceding fiscal year? ❑ Yes ❑ No
B. Certification Regarding Amount of Annual Gross from Federal Awards.
Did your organization receive $25 million or more in annual gross revenues from federal
awards in the preceding fiscal year? ❑ Yes ❑ No
If your answer is "Yes" to both question "A" and "B", you must answer question ".0".
If your answer is "No" to either question "A" or "B", skip question "C" and finish the
certification.
C. Certification Regarding Public Access to Compensation Information.
Does the public have access to information about the compensation of the senior
executives in your business or organization (including parent organization, all branches,
and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d)
of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the
Internal Revenue Code of 1986? ❑ Yes ❑ No
If your answer is "Yes" to this question, where can this information be accessed?
If your answer is "No" to this question, you must provide the names and total
compensation of the top five highly compensated officers below.
Provide compensation information here:
-2-
Department of State Health Services Form 4734 — June 2013
®ocJ5psi
011;04;o
Certificate ,Of Cor�ipi`etion p -� _ �" ^'
Envelope Id: 558C83BB61 BA4382AED491575CE543D9 Status: Sent
Subject: Amending $290,796; 537-18-0161-00001 Beaumont Public Health Department A-1; DSHS/CPS/HAZARDS
Source Envelope:
Document Pages: 34 Signatures: 0 Envelope Originator:
Certificate Pages: 2 Initials: 0 Texas Health and Human Services Commission
AutoNav: Enabled 1100 W. 49th St.
Envelopeld Stamping: Enabled Austin, TX 78756
Time Zone: (UTC -06:00) Central Time (US & Canada) PCS_DocuSign@hhsc.state.tx.us
IP Address: 167.137.1.16
RecorcJ�Trackng `{ "`i t'r �y x � -
Status: Original Holder: Texas Health and Human Services Location: DocuSign
May 3, 2018 Commission
PCS—DocuSign@hhsc.state.bc.us
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Todd Simoneaux Sent May 3, 2018
tsimoneaux@BeaumontTexas.gov Viewed: May 4, 2018
CFO
City of Beaumont
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
David Gruber
david.gruber@dshs.texas.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person,Srgner Events Timestarnpw
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Gracie Perez Sent: May 3, 2018
gracie.perez@hhsc.state.tx.us
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carb 'o
Desede Burrell Sent May 3, 2018
deserie.burrell@dshs.state.tx.us COPIEDViewed: May 3, 2018
Contract Manager
Texas Health and Human Services Commission
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
CMU Contract Inbox
cmucontracts@dshs.texas.gov
Security y Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Kenneth Coleman, Sr.
kenneth.coleman@beaumonftexas.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
OPIED I Sent: May 3, 2018
COPIED I . Sent: May 3, 2018
Viewed: May 4, 2018
Notary -Events y Signature
a!np-
-S7 -Z
UMM24
MPS -
Envelope Sent
Hashed/Encrypted
May 3, 2018
M
mes P&,
t, E'
rq
BEAUMONT
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Keith Folsom, Facilities Maintenance Director
MEETING DATE: May 15, 2018
REQUESTED ACTION: Council consider a resolution approving the purchase of a new
passenger elevator from Setex Construction Corp. for the Jefferson
Theater located at 345 Fannin Street.
BACKGROUND
Pricing was obtained from Setex Construction Corporation utilizing the Choice Partners JOC
Cooperative Contract #15/041JN-11-2015 procurement process. Choice Partners Cooperative
provides municipalities with the means to purchase construction services at competitive prices,
contracted under the procurement statues of the State of Texas. The cost of the new elevator
system, including the proposed scope of work listed on the contractor's proposal, will be
$106,378.44.
The Jefferson Theater was originally constructed in 1921. The current elevator system was
installed during the 2001 renovation project and experiences several failures each year. The new
elevator system will provide a more reliable system to allow handicap access to the upper levels of
the Theater.
FUNDING SOURCE
Capital Reserve Fund.
RECOMMENDATION
Approval of the resolution.
SETS
CONSTRUCTION CORP.
-- Shength_in Construction"
Mailing Address:, LA License # 54937
P.O. Box 20678
Beaumont, Texas 77720-0678
May 3, 2018
O (409) 842-8181 Keith Folsom
(409) 842-2274
tR setex@setexconstruction.com City of Beaumont
a setexconstruction.com 1848 Pine St.
Beaumont; TX 77703
General Contracting project. "Jefferson Theater Elevator"
Construction Management Subject. `Proposal"
Dear Mr. Folsom:
Design -Build
We are pleased to submit our proposal utilizing our 151041 JN -11-2015 Choice Partners JOC
Job Order Contracting
Texas Contract based on local CCI and our coefficient of .89.
Proposal Recap:
Facilities Maintenance 1. Replace elevator controls to meet all Local and State Code.
2. Replace cab and platform with largest feasible car after rails.are moved
3. Replace door operator and car doors
Commercial 4. Replace car station and Hall fixtures
5. Re use Hall doors
Industrial Subtotal $ 103,783.85
Bond $ 2,594.59
Government
Total Price This Proposal $ 106,378.44
Healthcare
We anticipate Forty -Five (45) working days to complete project upon material delivery.
Infrastructure
Exclusions:
Corporate
Unforeseen items beyond specified scope listed above, overtime, sales tax, permits, and
liquidated damages.
Education
This pricing is based on recommended work hours of Monday thru Friday 7:00 am to 5:00
pm. Once accepted this proposal turns into.a lump sum contract. Please contact us at
409-842-8181 at your convenience to go over this estimate.
Performing Arts
Respectfully submitted,
SETEX Construction Corp.
Historical
Michael Waidley
Project Manager
,e-00-44
C¢ SETEMiIe
SSE Ex
i CONSTRUCTION CORP:
Estimator: Michael Waidlq'
Division Summary (MF04)
01 - General Requirements
Preliminary Estimate, by estimates
MichaelVAidley
'SET.EX Construction
15/041'JN-11 - 2015 Choice.Partners JOC Texas SETEX - Basic Contract Year
-•8/1812015 to 8/17/2016
City of Beaumont'Elevator Replacement. -'18-0044
26 Electrical
27 —Communications
'City,offtaumont Efevator Replacement
Material, Labor,. and Equipment Total's (No Totalling Components)
Material:
Labor.
Equipment:
Other:
Laborhours:
Green Line, Items:0
$72,100.35'
$64,741,26.
$1,981'.10
'$00.01.)
572.1
$0.00'
Assemblies
FMR
MF04 Total (Without totalling components) $138,822.70
Pticed/Non-Priced
Total PricedAtems:, 18
Total. Non -Priced Items: 0
$138,822.70
$0.00 0.00%
18 $138,822.70
Grand Total $103,783.85,
Printed 8 MAY 2018 2:26PNI v2.634. Page 1 of 3 City of Beaumont Elevator Replacement - 18-0044
Preliminary Estimate, by estimates
Estimator: Michael *Waiiiley.
City of Beaumont Elevator Replacement
Item Description
UM
Quantity
Unit Cost
Total Book
01 - General Requirements -
I :01-31-13720-0260' Field, personnel; superintendent, average
Week
2.0000
$3,675.00
$71350.00 RSM18FAC P
L. O&P
2 01:154=33-40-2015-3 Rent per week for rent forklift, pneum tire, rgh terr, straight mast„5000 Ib; 12' lift,
Ea.
1.0000
$698.50
$698,50 RSM18FAC P
gas
E, O&P
3 01=54-33-60-4000-3 Rent per week for rent hoist'& tower„ portable electric, 5000 Ib, 40' high
Ea.
1.0000
$816.20
$816.20 RSM18FAC P
E. 0&P
4 01-5436-50-1400 Mobilization or demobilization, delivery charge for equipment, hauled on 20 -ton
Ea.
2.0000
$855.00
$1,710.00 RSM18FAC P
capacity towed trailer
L. E. O&P
5 01=93-13-14-0900 Elevator; general cleaning, vacuum, dust, mop; polish
Ea.
1.0000
$33.00
$33.00 RSM18FAC P
M, L, O&P
01 - General Requirements Total
$10,607.70
02 - Existing Conditions
6 02-41-19-19=0840 Selective demolition, rubbish handling, dumpster, 40 C:Y., 10 ton capacity,
Week
1.0000
$850.00
$850.00 RSM18FAC P
weekly rental, includes one dump per week, cost to be added'to demolition cost
M, O&P
7 02-41-19-19-2200 Selective demolition, rubbish handling, V-100' haul, load, haul, dump and return,
C.Y.
40.0000
$129.00
$5,160.00 RSM18FAC P
hand carried,'including 21-40 riser stairs,'cost to be added to demolition cost
L, O&P
02 - Existing Conditions Total
$6,010.00
09.-- Finishes
8 09=91-03-20-0510 Paint preparation, surface protection, placement & removal, basic drop Goths
S.F.
17,000.0000
$0.09
$1;530.00 RSM18FAC P
L. O&P
09 - Finishes Total
$1,530.00
14 - Conveying Equipment
9 142423-10-2050 Hydraulic passenger elevators, base unit, standard finish,11,500 Ib, 100 fpm, 2
Ea.
1,0000
$67,500.00
$67,500.00 RSM18FAC P
stop
M, L, O&P
10 14-24-23-10-2050-2350 Hydraulicpassenger elevators, for travel over 12 VLF, add (Modred using
V.L.F.
20.0000
$1,075.00
$21,500:00 RSM18FAC P
14-24=23.10-2350)
M, L, 0&P
11 14-2423-10-2050-2375 Hydraulic passenger elevators,_ for. number of stops over 2, add (Modified using
Stop
1.0000
$8,625.00
$8,625.00 RSM18FAC P
14-24-23-10-2375)
M. L, O&P
12 14-27-13-10-3425 Passenger elevator options; cab finishes (based on 3;500• Ib cab size); carpet
Ea.
1.0000
$695.00
$695.00 RSM18FAC P
'flooring
M. O&P
13 1428-10-10-3000 Elevator options, passenger, automatic controls; 2 car group
Ea.
0.7500
$7,000.00
$5;250.00 RSM18FAC P
M, L, O&P
14 1428-10-10-3200 Elevator options,, passenger, center opening 2 speed doors.
Ea.
1.0000
$4,225.00
$4,225.00 RSM18FAC P
M, L, 0&P
Printed 18 MAY 2018 2:26PM v2.634 Page 2 of 3 City of Beaumont Elevator Replacement - 18-0044
Preliminary. Estimate, by estimates
,Eatimatott,,Michael:WA1,41ley City of Beaumont;Elevator.Replacement
14 -'Conveying Equlpment
Item Description UM Quantity, Unit Cost Total Book
15 14-28-1.0=10-3700 Elevator options,: passenger, cab finishes (based on. 3500 Ib cab size), -signal Ea. 1:0000 $855.00 $855.00 RSMIBFAC P
devices;hall lanterns M. L, O&P
16 14-28710-10-3725
Elevator options, passenger, cab finishes (based on 3500 lb cab size), signal Ea.
1.0000 $595.00 $595.00 RSM18FAC P
devices, position -indicators, up to 3'
M, L. O&P
17 14=28-10-104250
Elevator options, hospital, intercom service Ea.
1.0000 $1,275.00 $1,275.00 RSMISFA'C. P
M. L,. 'O&P
14 - Conveying Equipment Total
,$110,520.00
Priced O&P
18 14-24=2340-2050
Demo -'Hydraulic. passenger elevators, base unit, standard finish, 1,500 lb, 100 .Ea.
1.0000 $10,155.00 $10,155,00 CUSTOM P
fpm,:2.stop
L, O&P
Labor Adjustment: 506/6, of $20;31'0:00 = $10;155.00
Using O&P::Pricing,
Bare Costs: (x$42,900.00 L:$13,200.00. E: 0:0.10 LH:160.000),
O&P. L'aborCalc = O&P Total -(Bare, Material +'10.000%) -(Bare Equipment + 10.'000%)
$67,500.00 - $47,190.00 _;$0.00='$20,310.00
Labor w/CCI ='$20.31 OM * .100.000% = $20,310.00
Priced O&P Total
$10,155.00
Estimate Grand Total
103,783.85
Printed, 8 MAY 2018 2:26PM x2:634 Page 3 of 3
City of Beaumont Elevator Replacement - 18-0044
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of a passenger elevator for the
Jefferson Theatre located at 345 Fannin Street from SETEX Construction Corp., of
Beaumont, Texas, in the amount of $106,378.44 through the Choice Partners
Cooperative Purchasing Program.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
May, 2018.
- Mayor Becky Ames -
c
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Joseph Majdalani, Public Works Director
MEETING DATE: May 15, 2018
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute Change Order No. 1, accept maintenance, and authorize
final payment for the Bigner Road Asphalt Resurfacing (Roland
Road to East Lucas Drive) Project.
BACKGROUND
On November 7, 2017, by Resolution No. 17-236, City Council awarded a contract to ALLCO,
LLC, of Beaumont, Texas for the Bigner Road Asphalt Resurfacing (Roland Road to East Lucas
Drive) Project in the amount of $533,713.00.
Change Order No. 1, in the amount of ($10,217.68), is required to adjust the estimated quantities
in the contract to reflect the actual quantities used in the completion of the project. The
adjustment in quantities will result in a final contract -amount of $523,495.32.
The project has been inspected by the Engineering Division and found to be complete in
accordance with the provisions and terms set forth in the contract. Acceptance of maintenance
and final payment in the amount of $84,981.24 is recommended.
FUNDING SOURCE
Capital Program — Street Rehabilitation Program.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO. 17-236
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the award of a contract to ALLCO, LLC, of
Beaumont, Texas, in the amount of $533,713.00 for the Bigner Road Asphalt
Resurfacing (Roland Road to East Lucas Drive) Project; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to . execute a Contract with ALLCO, LLC, of Beaumont, Texas, for the
purposes described herein; and,
BE IT ALSO RESOLVED THAT the bid of Oldcastle Materials Texas, Inc. be
rejected.
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 7th day of
November, 2017.
A
AV
IM"Ly yor Becky Ames -
b
CITY OF BEAUMONT
DATE:
May 4, 2018
PROJECT:
BIGNER ROAD ASPHALT RESURFACING PROJECT
OWNER:
CITY OF BEAUMONT
CONTRACTOR:
ALLCO,LLC
CHANGE ORDER NO.1 FINAL
f, 3 5 ra iR -.. a i z 6N� - s�ian %�
All quantities adjusted to reflect final field measurements.
Item No.
Code -
Description
unit
Original
Quantity
New
Quantity
Unit Price
Total
251
6926
REWORKBS MTL B 10 ORD COMP) 60Acem-time sl
SY
17747
17065.61
S
11.25 $
,665.64
340
6122
D -GR HMA SQ TY -D P070-22.(1.5- Level -Up)
TON
1414
1387A
$
97.00 $
(2,580.20
340
9999
D -GR S TY -F P070-22 1" Wearing Surfaee
SY
16324
15854.78
S
635 $
97955)
340
6122
D GR HMA S ) TY -D PC70-22 rons 8c Dftwa
TON
345
404.23
S
125.00 S
7,03.75
502 1
6001
IBARRICADES, SIGNS AND TRAFFIC HANDLING
MO
4
3.1
S
4,700.00 $
4,230.00)
666
6042
REFL PAV MRK TY I 12"(SLD) l00MIL
LF
24
21
S
S.40 $
(16.20)
666
6180
REFL PAV MRK TY II 12" SLD
LF
24
21
S
2.40 S
(7.20)
666
6126
REFL PAV MRK TY I " SLD 100MIL
LF
756
738
S
0.60 $
10.80)
666
6207
REFL PAV MRK TY ll (Y)4 - (SLD)
LF
756
738
S
D.65 $
11.70)
666
6900
REFL PAV MRK TY I RK I00MIL
LF
1509
1 1420
S
D.70 S
6230
666
6205
REFL PAV MRK TY R RK
LF
1509
1 1420
1 S
0.65 S
57.85)
TOTAL, ! S (10,217.68)
T111 .Fff. -3 .r��7Mal! UJ ^ ; O'GOTRACT d�5Lr�`1b�FiANC:E ORsR� " ?tk CJ�� =1t. a r
'Hwt y:.:��,�. �,.+r. - u_.-. •n v i- .a,t ....r. yut �ac 4a:3jci4 :.i1P.,iY�.� �.Y. � ��, ;}ifl
ORIGINAL CONTRACT AMOUNT:
NET FROM PREVIOUS CHANGE ORDERS:
TOTAL AMOUNT OF THIS CHANGE ORDER:
PERCENT OF THIS CHANGE ORDER:
TOTAL PERCENT CHANGE ORDER TO DATE:
NEW CONTRACT AMOUNT:
BkANDON HAAMON,ALLCO,LLC
REV1E D Y:
&06Ch E. cVo—cHr
OADWAY DESIGNER IT
APPROVED BY:
KYLE HAYES, CITY MANAGER
S 533,713.00
S -
S (10,217.68)
-1.91%
-1.91%
S 523,49532
PREPARED BY:
OND, ROADWAY DESIGNER
REVIEWED BY:
� �P�E: D OSE JDAL I,LICORKS DIRECTO
ATTESTED BY:
TINA BROUSSARD, CITY CLERK
RESOLUTION NO.
WHEREAS, on November 7, 2017, the City Council of the City of Beaumont,
Texas, passed Resolution No. 17-236 awarding a contract in the amount of
$533,713.00 to ALLCO, LLC, of Beaumont, Texas, for the Bigner Road Asphalt
Resurfacing (Roland Road to East Lucas Drive) Project; and,
WHEREAS, Change Order No. 1, in the amount of ($10,217.68), is necessary to
adjust the estimated quantities in the contract to reflect the actual quantities used in the
completion of the project, thereby decreasing the contract amount to $523,495.32; and,
WHEREAS, the project has been inspected by the Engineering Division and
found to be complete in accordance with the provisions and terms set forth in the
contract;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the City Manager be and he is hereby authorized to execute Change
Order No. 1 for additional work described above, thereby decreasing the contract
amount by ($10,217.68) for a total contract amount of $523,495.32 for the Bigner Road
Asphalt Resurfacing (Roland Road to East Lucas Drive) Project; and,
BE IT FURTHER RESOLVED THAT the Bigner Road Asphalt Resurfacing
(Roland Road to East Lucas Drive) Project be and the same is hereby accepted; and,
BE IT ALSO RESOLVED THAT the City Manager is hereby authorized to make
final payment in the amount of $84,981.24 to ALLCO, LLC, of Beaumont, Texas.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
May, 2018.
- Mayor Becky Ames -
Fol
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: May 15, 2018
REQUESTED ACTION: Council consider a resolution approving the purchase and
installation of new splash pad equipment for use at Perlstein Park.
BACKGROUND
New splash pad equipment will be purchased from Kraftsman Playground, of Spring, Texas in the
amount of $60,883.67 to replace the existing equipment.
Pricing was obtained through the BuyBoard coop, a cooperative purchasing association providing
cities and political subdivisions with the means to purchase specialized equipment at volume
pricing. BuyBoard complies with State of Texas procurement statutes.
FUNDING SOURCE
Capital Reserve Fund.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase and installation of new splash pad
equipment and foundation for use by the Parks and Recreation Department to replace
existing equipment at Perlstein Park from Kraftsman Playground, of Spring, Texas, in
the amount of $60,883.67 through the BuyBoard Cooperative Purchasing Program.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
May, 2018.
- Mayor Becky Ames -
E
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Sherry Ulmer, Public Health Director
MEETING DATE: May 15, 2018
REQUESTED ACTION: Council consider a resolution authorizing the City Manager, or his
designee, to execute all documents necessary for a Data Use
Agreement between the City of Beaumont and the Texas
Department of State Health Services (DSHS).
BACKGROUND
The Texas Department of State Health Services (DSHS) agrees to provide the Beaumont Public
Health Department access to the DSHS Vital Event Electronic Registration System for the purpose
of issuing individual birth certificates. The Beaumont Public Health Department agrees to pay
DSHS one dollar and eighty-three cents ($1.83) for each Certification of Vital Record printed as a
result of searches of the database. This contract will begin 09/01/2018 and end on 08/31/2023.
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, or his designee, be and they are hereby authorized to execute
a five (5) year Contract between the City of Beaumont and the Texas Department of
State Health Services for the Beaumont Public Health Department Vital Statistics
Division to continue to purchase services and/or goods that will allow the search of
databases to issue Certifications of Vital Records. The Contract is substantially in the
form attached hereto as Exhibit "A" and made a part hereof for all purposes.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
May, 2018. '
- Mayor Becky Ames -
Contract Number: HHSREV 100001078
DEPARTMENT OF STATE HEALTH SERVICES
Contract number HHSREV1 0000 1078 (the "Contract"), is entered into by Department of State
Health Services ("DSHS") Vital Statistics Section and City of Beaumont ("Contractor"). DSHS
and Contractor are collectively referred to herein as the "Parties."
I. Purpose of the Contract. DSHS agrees to provide access to the DSHS Vital Event
Electronic Registration System for the purpose of issuing individual birth certificates.
II. Term of the Contract. This Contract will begin on September 1, 2018 and end on August
31, 2023.
III. Authority. The Parties enter into this Contract under the authority of Texas Health and
Safety Code Chapter 191 and Texas Government Code Chapter 791.
IV. Statement of Work.
A. DSHS agrees to provide on-line computer services in support of Contractor from 7:00
a.m. to 6:00 p.m. (CST) Monday through Friday, except holidays. In the event of an
emergency or computer application error, DSHS may temporarily suspend services
without advance notice.
B. Contractor may search DSHS databases, locate data, and issue Certifications of Birth to
authorized individuals requesting such data. The certifications will be in a format
formally approved by DSHS. Contractor will .take reasonable efforts to ensure use of the
DSHS Vital Event Electronic Registration System is not abused by its staff. Abuse of
the access to confidential information in the DSHS Vital Event Electronic Registration
System may be cause for termination of this Contract in accordance with Section IKK.
C. Contractor will acquire the necessary data processing equipment, communications,
hardware or software, and purchase "bank note" paper, as specified by DSHS. DSHS
will assist in connection of the equipment, furnish software program and provide
technical assistance, if necessary.
D. Contractor will complete the DSHS Vital Event Electronic Registration System
registration forms as specified by DSHS. Contractor will remain in compliance with any
requirements specified by DSHS for accessing the DSHS Vital Event Electronic
Registration System. Contractor will not be required to pay an additional fee pursuant to
this Subsection.
E. Contractor acknowledges that records may not be located in the searching process
instituted by Contractor, or records which are located may have errors due to:
VSS Remote Birth Access
Page I
EXHIBIT "A"
Contract Number: HHSREV 100001078
1. Normal key -entry errors in spellings;
2. Accidental failure on the part of the DSHS to update a file for an amendment
or paternity determination; and
3. The event year does not exist on the system.
F.' Contractor will notify DSHS in writing, at least monthly of errors or suspected errors that
exist on the database information.
G. Contractor is to maintain an inventory control and account for each document produced
on "bank note" paper, including voided documents.
H. Contractor will issue Certificates of Birth utilizing remote access to the DSHS system in
conformance with Health and Safety Code Chapters 191,192 and 195, as well as 25 Tex.
Admin. Code Chapter 181.
I. The Parties are required to comply with all applicable state and federal laws relating to
the privacy -and confidentiality of this data and records, which includes Texas
Government Code Section 552.115.
J. The Parties will use confidential records -and information obtained under this Contract
only for purposes as described in this Contract and as otherwise allowed by law.
V. Fees.
Contractor agrees to pay DSHS ONE DOLLAR AND EIGHTY-THREE CENTS ($1.83) for each
Certification of Vital Record printed as a result of searches of the database. Contractor
agrees to charge the same base search fee for a birth certificate as DSHS. Additional fees
may only be charged as authorized by Texas Health and Safety Code Chapter 191 and 25
Tex. Admin. Code Chapter 181.
VI. BMW%
A. DSHS will send an itemized billing to Contractor on a monthly basis for each
Certification of Birth printed. This billing will be sent through the U.S. Postal
Service to the Contractor at:
Name: City of Beaumont
Address: P.O. Box 3827
Beaumont, TX 77704
B. Contractor will direct any billing inquiries either by phone to 512-776-7206 or email
to vsubusinessservices(@dshs.texas.gov.
V55 Remote With Accts
Page 2
Contract Number: HHSREV 100001078
VII. Payment Method.
A. Contractor will remit payment to DSHS within,thirty days after a billing is received
by them. Payment by the Contractor will be considered made on the date
postmarked. '
B. Contractor will send payments to DSHS at:
Texas Department of State Health Services
Cash Receipts Branch MC- 2096
P.O. Box 149347
Austin, TX 78714-9347
C. Contractor will make payment to DSHS out of its current revenues.
VIII. Representatives. The following will act as the Representative authorized to administer
activities under this Contract on behalf of their respective Party.
Citv of Beaumont I DSHS
City of Beaumont
Health Services Department
Attn:. Melissa Sias
P.O. Box 3827
Beaumont, TX 77704
Phone: (409) 880-3789
Email: Melissa.si
Texas Department of State He
Contract Management Section
Attn: Tina Walker
Mail Code 1990
P.O. Box 149347
Austin, TX 78714-9347
Phone: (512) 776-2732
Email: Tina.
Services
IX. General Terms and Conditions.
A.. Governing Law. Regarding all issues related to this Contract's formation, performance,
interpretation, and any issues that may arise in any dispute between the parties, the
Contract will be governed by and construed in accordance with the laws of the State of
Texas.
B. Amendment. This Contract may be modified by written amendment signed by the
Parties.
C. Confidentiality.
The Parties are required to comply with all applicable state and federal laws relating to
the privacy and confidentiality of records that contain Personal Identifying Information
(PII) or Personally Sensitive Information (PSI) or other information or records made
confidential by law, including Tex. Bus. & Comm. Code Section 521.002. The attached
Data Use Agreement (Attachment A) applies to this Contract.
VSS Remote Birth Access
Page 3
Contract Number: HHSREV100001078
D. Exchange of Personal Identifying Information. This Contract concerns personal
identifying information. Except as prohibited by other law, Contractor and DSHS may
exchange PII without consent, in accordance with Chapter 191 of the Health and Safety
Code.
E. Records Retention. DSHS will retain records in accordance with DSHS State of Texas
Records Retention Schedule at hgpJlwww.dshs.texas.govlrecords/schedules.shtm,
Department Rules and other applicable state and federal statutes and regulations
governing medical, mental health, and substance abuse information.
F. Severability. If any provision of this Contract is construed to be illegal or invalid, the
illegal or invalid provision will be deemed stricken and deleted to the same extent and
effect as if never incorporated, but all other provisions will continue.
G. Notice. Any notice required or permitted to be given under this Contract will be in
writing and sent to the respective Party's Representative in Section VIII. Notice will be
deemed to have been received by a Party on the third business day after the date on which
it was mailed to the Party at the address specified in writing by the Party to the other
Party, or, if sent by certified mail, on the date of receipt.
H. Waiver. Acceptance by either Party of partial performance or failure to complain of any
action, non -action or default under this Contract will not constitute a waiver of either
Paity's rights under the Contract.
I. Assignment. Neither DSHS nor Contractor will transfer, assign, or sell its interest, in
whole or in part, in this Contract without prior written consent by both Parties.
J. Suspension of Services Under This Contract. In the event of an emergency or
information technology system failure, DSHS may temporarily suspend services without
advance notice. Use of services for purposes inconsistent with applicable law may also
result in a suspension of services.
K. Termination.
1. Convenience. This Contract may be terminated by mutual agreement of the Parties.
Either Party may terminate this Contract without cause by giving 30 days written
notice of its intent to terminate to the non -terminating Party.
Z. Cause. This Contract may be terminated for cause by either Party for breach or
failure to perform an essential requirement of the Contract. Use of services for
purposes inconsistent with applicable law may be cause for Contract termination.
3. Notice of Termination. Written notice maybe, sent by any method that provides
verification of receipt, which will be calculated from the date of receipt by the non -
terminating Party's Representative provided in Section VIII.
VSS Remote Birth Access
Page 4
Contract Number: HHSREV100001078
4. Equitable Settlement. At the end of the Term of this Contract or termination as
provided for in this Section, the Parties will equitably settle their respective accrued
interests or obligations incurred prior to termination.
By signing below, the Parties agree that this Contract constitutes the entire legal and binding
agreement between them. The Parties acknowledge that they have read the Contract and agree to
its terms, and that the persons whose signatures appear below have the authority to execute this
Contract on behalf of their respective Party.
DEPARTMENT OF STATE HEALTH SERVICES
Manda Hall, M.D.
Associate Commissioner
Department of State Health Services
L.
Date
CITY OF BEAUMONT
Todd A. Simoneaux
Chief Financial Officer
City of Beaumont
Date
THE FOLLOWING ATTACHMENTS ARE ATTACHED AND INCORPORATED AS PART OF'THE
CONTRACT HHSREV100001078:
.ATTACHMENT A- DATA USE AGREEMENT
V55 Remote Hirth Access
Page 5 .
ATTACHMENT A—DATA USE AGREEMENT
DATA USE AGREEMENT.
BETWEEN THE
TEXAS HEALTH AND HUMAN SERVICES ENTERPRISE
AND
CITY OF BEAUMONT ("CONTRACTOR")
This Data Use Agreement ("DUX') is incorporated into System Agency Contract No.
HHSREV 100001078 (the `Base Contract') between the Texas Department of State Health Services
("System Agency') and City of Beaumont ("Contractor').
ARTICLE 1. PURPOSE; APPLICABILITY; ORDER OF PRECEDENCE
ATTACHMENT 1. The purpose of this DUA is to facilitate creation, receipt, maintenance,
use, disclosure or access to Confidential Information with Contractor, and describe
Contractor's rights and obligations with respect to the Confidential Information and
the limited purposes for which the Contractor may create, receive, maintain, use, disclose or
have access to Confidential Information. 45 CFR 164.504(e)(1)-(3). This DUA also
describes System Agency's remedies in the event of Contractor's noncompliance with
its obligations under this DUA. This DUA applies to both B4tsiness Associates and contractors who
are not Business Associates who create, receive, maintain, use, disclose or have access to Confidential
Information on behalf of System Agency, its programs or clients as described in the Base Contract.
As of the Effective Date of the Contract, if any provision of the Base Contract, including any General
Provisions or Uniform Terms and Conditions, conflicts with this DUA, this DUA controls.
ARTICLE 2. DEFINITIONS
For the purposes of this DUA, capitalized, underlined terms have the meanings set forth in the
following: Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (42 U.S.C.
§I320d, et seq.) and regulations thereunder in 45 CFR Parts 160 and 164, including all amendments,
regulations and guidance issued thereafter; The Social Security Act, including Section 1137 (42 U.S.C.
§§ 1320b-7), Title XVI of the Act; The Privacy Act of 1974, as, amended by the Computer Matching and
Privacy Protection Act of 1988, 5 U.S.C. § 552a and regulations and guidance thereunder, Internal Revenue
Code, Title 26 of the United States Code and regulations and publications adopted under that code, including
IRS Publication 1075; OMB Memorandum 07-18; Texas Business and Commerce Code Ch. 52I, Texas
Government Code, Ch. 552, and Texas Government Code §2054.1125. In addition, the following terms in
this DUA are defined as follows:
"Authorized Purpose" means the specific purpose or purposes described in the Scope of Work of
the Base Contract for Contractor to fulfill its obligations under the Base Contract, or any other purpose
expressly authorized by System Agency in writing in advance.
"Authorized User" means a Person:
(1) Who is authorized to create, receive, maintain, have access to, process, view, handle,
examine, interpret, or analyze Confidential Information pursuant to this DUA;
(2) For whom Contractor warrants and represents has a demonstrable need to create, receive,
maintain, use, disclose or have access to the Confidential Info tion: and
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GOVERNMENTAL ENTITY VERSION
System Agency Contract No.HHSREV100001078
(3) Who has agreed'in writing to be bound by the disclosure and use limitations pertaining to
the Confidential Information as required by this DUA.
"Confidential Information" means any communication or record (whether oral, written,
electronically stored or transmitted, or -in any other form) provided to or made available to Contractor or that
Contractor may`create, receive, maintain, use, disclose or have access to on behalf of System Agency that
consists of or includes any or all of the following:
(1) Client Information;
(2) Protected Health Information in any form including without limitation, Electronic
Protected Health Information or Unsecured Protected Health Information
(3) Sensitive Personal Information defined by Texas Business and Commerce Code Ch. 521;
(4) Federal Tax Information;
(5) Personally Identifiable Information.
(6) Social Security Administration Data. including, without limitation, Medicaid
information;
(7) All privileged work product;
(8) All information designated as confidential under the constitution and laws of the State of
Texas and of the United States, including the Texas Health & Safety Code and the Texas Public
Information Act, Texas Government Code, Chapter 552.
"Lep-ally Authorized Re resentative" of the Individual, as defined by Texas law, including as
'provided in 45 CFR 435.923 (Medicaid); 45 CFR 164.502(8)(1) (HIPAA); Tex. Occ. Code § 151.002(6);
Tex. H. & S. Code § 166.164; Estates Code Ch. 752 and Texas Prob. Code § 3.
ARTICLE 3.CONTRACTOR'S DUTIES REGARDING CONFIDENTIAL INFORMATION
Section 3.01 Obligations of Contractor
Contractor agrees that:
(A) Contractor will exercise reasonable care and no less than the same degree of care
Contractor uses to protect its own confidential, proprietary and trade secret information to prevent any
portion of the Confidentigl-Information from being used in a manner that is not expressly an Authorized
ose under this DUA or as Required by Law. 45 CFR 164.502(b)(1); 45 CFR 164.514(d)
(B) Contractor will not, without System Agency's prior written consent, disclose or allow
access to any portion of the Confidential Information to any Person or other entity, other than Authorized
User's -Workforce or Subcontractors of Contractor who have completed training in confidentiality,
privacy, security and the importance of promptly reporting any Event or Breach to Contractor's
management, to carry out the Authorized Purpose or as Required by Law.
System Agency, at its election, may assist Contractor in training and education on specific or
unique System Agency processes, systems or requirements. Contractor will produce evidence of
completed training to System Agency upon request. 4S CF.R. 164.308(a)(5)(i); Texas Health & Safety
Code §181.101
(C) Contractor will establish, implement and maintain appropriate sanctions against any
member of its Workforce or Subcontractor who fails to comply with this DUA, the Base Contract or
applicable law. Contractor will maintain evidence of sanctions and produce it to System Agency upon
request.45 CF.R 164.308(a)(1)(il)(C);164 530(e);164410(b);164.530(b)(1)
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System Agency Contract No.HHSREV100001078
(D) Contractor will not, without prior written approval of System Agency, disclose or provide
access to any Confidential Information on the basis that such act is Required by Law without notifying
System Agency so that System Agency may have the opportunity to object to the disclosure or access and
seek appropriate relief. If System Agency objects to such disclosure or access, Contractor will refrain
from disclosing or providing access to the Confi en ' 1 Information until System Agency has exhausted
all alternatives for relief. 45 CFR 164.504(c)(2)(H)(A)
(E) Contractor will not attempt to re -identify or further identify Confidential Information or
De -identified Information, or attempt to contact any Individuals whose records are contained in the
Confidential Information, except for an Authorized Purpose, without express written authorization from
System Agency or as expressly permitted by the Base Contract. 45 CFR 164.502(d)(2)(i) and (il)
Contractor will not engage in prohibited marketing or sale of Confidential Information. 45 CFR 164.501,
164508(a)(3) and (4); Texas Heald: & Safety Code CIL .181.002
(F) Contractor will not permit, or enter into any agreement with a Subcontractor to, create,
receive, maintain, use, disclose, have access to or transmit Confidential Information, on behalf of
Contractor without requiring that Subcontractor first execute the Form Subcontractor Agreement,
Attachment L which ensures that the Subcontractor will comply with the identical terms, conditions,
safeguards and restrictions as contained in this DUA for PHI and any other relevant Confidential
Information and which permits more strict limitations; and 45 CFR 164.502(e)(1)(1)(ii); 164 504(e)(1)rt)
and (2)
(G) Contractor is directly responsible for compliance with, and enforcement ol; all conditions for
creation, maintenance, use, disclosure, transmission and Destruction of Confidential Information and the acts
or omissions of Subcontractors as may be reasonably necessary to prevent unauthorized use. 45 CFR
164.504(e)(5); 42 CFR 431.300, et seq.
(I1) If Contractor maintains PHI in a Designated Record Set, Contractor will make. PHI
available to System Agency in a Designated Record Set or, as directed by System Agency, provide PHI
to the Individual, or LegglIv Authorizgd Representative of the Individual who is requesting PHI in
compliance with the requirements of the HIPAA Privacy RMlatioW, Contractor will make other
Confidential Information in Contractor's possession available pursuant to the requirements of HIPAA or
other applicable law upon a determination of a Breach of Unsecured PHI as defined in HIPQA. 45 CFR
164.524and 164.504(e)(2)(ii)(E)
(I) Contractor will make PHI as required by HIPAA available to System Agency for
amendment and incorporate any amendments to this information that System Agency directs or agrees to
pursuant to the HIPAA. 45 CFR 164.504(e)(2)(d)(E) and M
(J) Contractor will document and make available to System Agency the PHI required to
provide access, an accounting of disclosures or amendment in compliance with the requirements of the
HIPAA Privac Regulations. ations. 45 CFR 164.504(e)(2)ri)(G) aid 164.528
(K) If Contractor receives a request for access, amendment or accounting of PHI by any
Individual subject to this DUA, it will promptly forward the request to System Agency; however, if it
would violate HIPAA to forward the request, Contractor will promptly notify of the request and of
Contractor's response. Unless Contractor is prohibited by law from forwarding a request, System Agency
will respond to all such requests, unless System Agency has given prior written consent for Contractor to
respond to and account for all such requests. 45 CFR 164.504(e)(2)
(L) Contractor will provide, and will cause its Subcontractors and agents to provide, to
System Agency periodic written certifications of compliance with controls and provisions relating to
information privacy, security and breach notification, including without limitation information related to
System Agency Data Use Agreement V.8.3 HIPAA Omnibus Compliant April 1, 2015
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System Agency Contract No.HHSREV 100001078
data transfers and the handling and disposal of Confidential Information. 45 CFR 164.308; 164.530(c); 1
TAC 202
(M) Except as otherwise limited by this DUA, the Base Contract, or law applicable to the
Confidential Information. Contractor may use or disclose PHI for the proper management and administration
of Contractor or to cavy out Contractor's legal responsibilities if: 45 CFR 164.504(e)(R)(1)(A)
(1) Disclosure is Required by Law, provided that Contractor complies with Section 3.01(D);
(2) Contractor obtains reasonable assurances from the Person to whom the information is
disclosed that the Eerson will:
(a) Maintain the confidentiality of the Confidential Information in accordance with this DUA;
(b) Use or further disclose the information only as Required by Law or for the Authgrizcd
Pg_rpose for which it was disclosed to the rson; and
(c) Notify Contractor in accordance with Section 4.01 of any Event or Breach of Confidential
Informlion of which the Person discovers or should have discovered with the exercise of
reasonable diligence. 45 CFR 164.504(e)(4)ri)(B)
(N) Except as otherwise limited by this DUA, Contractor will, if requested by System
Agency, use PHI to provide data aggregation services to System Agency, as that term is defined in the
HIPA 45 CRIL $164501 and permitted by HIPAA. 45 -CFR 164.504(e)(2)(1(B)
(0) Contractor will, on the termination or expiration of this DUA or the Base Contract, at its
expense, return to System Agency or Destroy, at System Agency's election, and to the extent reasonably
feasible and permissible by law, all Confidential Information received from System Agency or created or
maintained by Contractor or any of Contractor's agents or Subcontractors on System Agency's behalf if
that data contains Confidential. gfornation. Contractor will certify in writing to System Agency that all
the Confidential' Information that has been created, received, maintained, used by or disclosed to
Contractor, has been Destroygd or returned to System Agency, and that Contractor and its agents and
Subcontractors have retained no copies thereof. Notwithstanding the foregoing, Contractor acknowledges
and agrees that it may not DestMy any Confidential Information if federal or state law, or System Agency
record retention policy or a litigation hold notice prohibits such Destruction. If such return or Destruction
is not reasonably feasible, or: is impermissible by law, Contractor will immediately notify System Agency
of the reasons such return or Destruction is not feasible, and agree to extend indefinitely the protections of
this DUA to the Confidential Informatioi and limit its further uses and disclosures to the purposes that
make the return of the Confidential Irtfoimation not feasible for as long as Contractor maintains such
Confidential Information, 45 CFR 164.504(e)(2)(U)(J)
(P) Contractor will create, maintain, use, disclose, transmit or Destroy Confidential
Information in a secure fashion that protects against any reasonably anticipated threats or hazards to the
security or integrity of such information or unauthorized uses. 45 CFR 164.306; 164.530(c)
(Q) If Contractor accesses, transmits, stores, or maintains Confidential Information
Contractor will complete and return to System Agency at infasecurityAhhsc.state.tx.us the System
Agency information security and privacy initial inquiry (SPI) at Attachment 2 . The SPI identifies basic
privacy and security controls with which Contractor must comply to protect System Agency Confidential
Information. Contractor will comply with periodic security controls compliance assessment and
monitoring by System Agency as required by state and federal law, based on the type of Confidential
,Information Contractor creates, receives, maintains, uses, discloses or has access to and the AuJhoriz
Purpose and level of risk. Contractor's security controls will be based on the National Institute of
Standards and Technology (NIST) Special Publication 800-53. Contractor will update its security
controls assessment whenever there are significant changes in security controls for System Agency
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System Agency Contract No.HHSREV100001078
Confidential Information and will provide the updated document to System Agency. System Agency also
reserves the right to request updates as needed to satisfy state and federal monitoring requirements. 45
CFR 164.306
(R) Contractor will establish, implement and maintain any and all appropriate procedural,
administrative, physical and technical safeguards to preserve and maintain the confidentiality, integrity,
and availability of the Confidential Informationand with respect to P14as described in the HIPAA
Privacy and Security Regulations, or other applicable laws or regulations relating to Confidential
Information. to prevent any unauthorized use or disclosure of Cgltfidential information as long as
Contractor has such Confidential Information in its actual or constructive possession. 45 CFR 164.308
(administrative safeguards); 164.310 (physical safeguards), 164.312. (technical safeguards);
164530(c)(privacy safeguards)
(S) Contractor will designate and identify, subject to System Agency approval, a Person or
Persons, as Privacy Official 45 CFR 164.530(a)(1) and Information Security Official, each of whom is
authorized to act on behalf of Contractor and is responsible for the development and implementation of
the privacy and security requirements in this DUA. Contractor will provide name and current address,
phone number and e-mail address for such designated officials to System Agency upon execution of this
DUA and prior to any change. 45 CFR 164.308(a)(2)
M Contractor represents and warrants that its Authorized Users each have a demonstrated
need to know and have access to Confidential Information solely to the minimum extent necessary to
accomplish the Authorized Purpose pursuant to this DUA and the Base Contract, and further, that each
has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential
Information contained in this DUA. 45 CFR 164.502;164.514(d)
(U) Contractor and its Subcontractors will maintain an updated, complete, accurate and
numbered list of Authorized Users. their signatures, titles and the date they agreed to be bound by the
terms of this DUA, at all times and supply it to System Agency, as directed, upon request.
(V) Contractor will implement, update as necessary, and document reasonable and
appropriate policies and procedures for privacy, security and Breach of Confidential Information and an
incident response plan for an Event or Breac to comply with the privacy, security and breach notice
requirements of this DUA prior to conducting work under the DUA. 45 CFR 164.308; 164316;
164.514(d); 164.530(7)0)
(W) Contractor will produce copies of its information security and privacy policies and
procedures and records relating to the use or disclosure of Confidential Information received from,
created by, or received, used or disclosed by Contractor on behalf of System Agency for System
Agency's review and approval within 30 days of execution of this DUA and upon request by System
Agency the following business day or other agreed upon time frame. 45 CFR 164.308; 164.514(d)
(X) Contractor will make available to System Agency any information System Agency requires
to fulfill System Agency's obligations to provide access to, or copies of, PHI in accordance withIII PAA and
other applicable laws and regulations relating to Confidential,jnformation. Contractor will provide such -
information in a time and manner reasonably agreed upon or as designated by the Sec ar or other federal
or state law. 45 CFR 164.504(e)(2)r)(1)
(Y) , Contractor will only conduct secure transmissions of Confidential -Information whether in
paper, oral or electronic form. A secure transmission of electronic Confidential Information in motion
includes secure File Transfer Protocol (SFTP) or FnMMtion at an appropriate level or otherwise protected
as required by rule, regulation or law. System Agencv Confidential Information at rest requires
EncWtion unless there is adequate administrative, technical, and physical security, or as otherwise
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System Agency Contract No.HHSREV 100001078
protected as required by rule, regulation or law. All electronic data transfer and communications of
Confidential Information will be through secure systems. Proof of system, media or device security or
Encryotion must be produced to System Agency no later than 48 hours after System Agency's written
request in response to a compliance investigation, audit or the Discovery of an Event or Breach.
Otherwise, requested production of such proof will be made as agreed upon by the parties. De -
identification of System Agency Confidential Information is a means of security. With respect to de -
identification of PHI. "secure" means de -identified according to HIPAA Privacy standards and regulatory
guidance. 45 CFR 164.312,164.530(d)
(2) Contractor will comply with the following laws and standards if applicable to file type of
Confidentfallnfbnnation and Contractor 's_Arrthorized Purpose:
• Title 1, Part 10. Chapter 202, Subchapter B. Texas Administrative Code;
• The Privacy Act of 1974;
• OMB Memorandum 07-16;
• The Federal Information Security Management Act of 2002 (FISMA);
• The Health Insurance Portability and Accountability Act of 1996 as defined in the
DUA;
• Internal Revenue Publication 1075 — Tax Information Security Guidelines for Federal, State
and Local Agencies;
• National Institute of Standards and Technology (NIST) Special Publication 800-66 Revision
I s An Introductory Resource .Guide for Implementing the Health Insurance Portability and
Accountability Act (HIPAA) Security Rule,
• NIST Special Publications 800-53 and 500-53A -- Recommended Security Controls for
Federal Information Systems and Organizations, as currently revised;
• NIST Special Publication 80047 -- Security Guide for Interconnecting Information
Technology Systems;
• NIST Special Publication 800-88, Guidelines for Media Sanitization:
• NIST Special Publication 800-111, Guide to Storage of Encryption Technologies for End
User Devices containing PHI; and
• Any other State or Federal law, regulation, or administrative rule relating to the specific System
Agency program area that Contractor supports on behalf of System Agency.
ARTICLE 4. BREACH NOTICE, REPORTING AND CORRECTION REQUIREMENTS
Section 4.01. Breach or Event Notification to System Agency. 45 CFR 164.400-414
(A) Contractor will cooperate fully with System Agency in investigating, mitigating to the
extent practicable and issuing notifications directed by System Agency, for any Event or Breach
of Confidential Information to the extent and in the manner determined by System Agency.
(B) Contractor'S obligation begins at the Discovery of an Event or Breach and continues as
long as related activity continues, until all effects of the Event are mitigated to System Agency's
satisfaction (the "incident response period"). 45 CFR 164.404
(C) - Breach Notice:
1. Initial Notice.
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System Agency Contract NO.HHSREV 100001078
a. For federal information, including without limitation, Federal Tax Information, Social Security
Administration Data, and Medicaid Client Information. within the first, consecutive clock hour
of 12iscove and for all other types of Confidential Information not more than 24 hours after
Disco or in a timeframe otherwise approved by System Agency in writhig, initially report to
System Agency's Privacy -and Security Officers via email at: privacy@Svstem
AgoneyC state tx us and to the System Agency division responsible for this DUA• and IRS
Publication 1075, Privacy Act of 1974, as amended by the Computer Matching and Privacy
Protection Act of 1988,'S U.S.0 § 552a, OMB Memorandum '07-16 as cited in System
AgencyC-CMS Contracts far in formation exchange.
b. Report all information reasonably available to Contractor about the Event or Breach of the
privacy or security of Confidential Information. 45 CFR 164.410
c. Name, and provide contact information to System Agency for, Contractor's single point of
contact who will communicate with System Agency both on and off business hours during the
incident response period.
2. 48 -Hour Formai Notice. No later than 48 consecutive clock hours after Di c v or a
time within which Discovery reasonably should have been made by Contractor of an Event or
Bnmb of Confidential Informat,ion. provide formal notification to the State, including all
reasonably available information about the Event or Brea c and Contractor's investigation,
including without limitation and to the extent available: For (a) - (m) below: 45 CFR 164.400-
414-
a.
64.400 -414-
a. The date the Event or Breach occurred;
b. The date of Contractor's and, if applicable, Subcontractor's Discovery;
c. A brief description of the Event or Breach: including how it occurred and who is responsible
(or hypotheses, if not yet determined);
d. A brief description of Contractor's investigation and the status of the investigation;
e. A description of the types and amount of Confidential information involved;
f Identification of and number of all Individuals reasonably believed to be affected, including
fust and last name of tl�e individual and if applicable the, Legally authorized representative. last
known address, age, telephone number, and email address if it is a preferred contact method, to
the extent known or can be reasonably determined by Contractor at that time;
g. Contractor's initial risk assessment of the Event or Breach demonstrating whether individual
or other notices are required by applicable law or this DUA for System Agency approval,
including an analysis of whether there is a low probability of compromise of the Confi_de�tia_1
Information or whether any legal exceptions to notification apply;
h. Contractor's recommendation for System Agency's approval as to the ' steps Wividuals or
Contractor on behalf of Individuals, should take to protect the Individuals from potential harm,
including without limitation Contractor's provision of notifications, credit protection, claims
monitoring, and any specific protections for a Legally Authorized Representative to take on
behalf of an Individual with special capacity or circumstances;
i. The steps Contractor has taken -to mitigate the harm or potential harm caused (including without
limitation the provision of sufficient resources to mitigate);
j. The steps Contractor has taken, or will take, to prevent or reduce the likelihood of recurrence of
a similar Event or Breach:
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System Agency Contract No.HHSREV 100001078
k. Identify, describe or estimate of the Persons. Workforce. Subcontractor, or Individuals -and any
law enforcement that may be involved in the Event or 11reach
1. A reasonable schedule for Contractor to provide regular updates to the foregoing in the future
for response to the Event or Breach. but no less than every three (3) business days or as otherwise
directed by System Agency, including information about risk estimations, reporting, notification,
if any, mitigation, corrective action, root cause analysis and when such activities are expected to
be completed; and
m. Any reasonably available, pertinent information, documents or reports related to an vent or
Breach that System Agency requests following Discovery.
Section 4.02 Invesdgadon, Response and Mitigation. For A F below: 45 CFR 164.308, 310
and 312; 164.530
(A) Contractor will immediately conduct a full and complete investigation, respond to the
Event or Breach, commit necessary and appropriate staff and resources to expeditiously respond,
and report as required to and by System Agency for incident response purposes and for purposes
of System Agency's compliance with report and notification requirements, to the satisfaction of
System Agency.
(B) Contractor will complete or participate in a risk assessment as directed by System
Agency following an Event or Breach, and provide the final assessment, corrective actions and
mitigations to System Agency for review and approval.
(C) Contractor will fully cooperate with System Agency to respond to inquiries and
proceedings by state and federal authorities, P coons and Individuals about the Event or Breach.
(D) Contractor will fully cooperate with System Agency's efforts to seek appropriate
injunctive relief or otherwise prevent or curtail such Event or Breach, or to recover or protect any
Confidential Information, including complying with reasonable corrective action or measures, as
specified by System Agency in a Corrective Action Plan if directed by System Agency under the
Base Contract.
Section 4.03 Breach Notification to Individuals and Repot7ing to Anthoddes. Tex. Bax A
Contin. Code §521.053; 45 CFR 164.404 (Individuals), 164.406 (Media); 164.408 (Authorities)
(A) System Agency may direct Contractor to provide Breach notification to Individuall,
regulators or third -parties, as specified by System Agency following a Breach.
(B) Contractor must obtain System Agency's prior written approval of the time, manner and
content of any notification to Individuals regulators or third -parties, or any notice required by
other state or federal authorities. Notice letters will be in Contractor's name and on Contractor's
letterhead, unless otherwise directed by System Agency, and will contain contact information,
including the name and title of Contractor's representative, an email address and a toll-free
telephone number, for the Individual to obtain additional information.
(C) Contractor will provide System Agency with copies of distributed and approved
communications,
(D) Contractor will have the burden of demonstrating to the satisfaction of System Agency
that any notification required by System Agency was timely made. If there are delays outside of
Contractor's control, Contractor will provide written documentation of the reasons for the delay.
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System Agency Contract No.HHSREV 100001078
(E) If System Agency delegates notice requirements to Contractor, System Agency shall, in the
time and manner reasonably requested by Contractor, cooperate and assist with Contractor's
information requests in order to make such notifications and reports.
ARTICLE 5. SCOPE OF WORK
Scope of Work means the services and deliverables to be performed or provided by Contractor, or on
behalf of Contractor by its Subcontractors or agents for System Agency that are described in detail in the
Base Contract. The Scope of Wo& including any future amendments thereto, is incorporated by reference in
this DUA as if set out word-for-word herein.
ARTICLE 6. GENERAL PROVISIONS
Section 6.01 Ownership of Con lden allirfon ration
Contractor acknowledges and agrees that the Confidential Information is and will remain the
property of System Agency. Contractor agrees it acquires no title or rights to the Confidential Information.
Section 6.02 System Agency Commitment and Obligations
System Agency will not request that Contractor create, maintain, transmit, use or disclose PHI in any
manner that would not be permissible under applicable law if done by System Agency.
Section 6.03 System Agency Riglit to Inspection
At any time upon reasonable notice to Contractor, or if System Agency determines that Contractor
has violated this DUA, System Agency, directly or through its agent, will have the right to inspect the
facilities, systems, books and records of Contractor to monitor compliance with this DUA. For purposes of
this subsection, System Agency's agent(s) include, without limitation, the System Agency Office of the
Inspector General or the Office of the Attorney General of Texas, outside consultants or Iegal counsel or
other designee.
Section 6.04 Term; Tenainadon ofDUA; Survival
This DUA will take effect with the Base Contract, and will terminate upon termination of the Base
Contract and as set forth herein. If the Base Contract is extended or amended, this DUA is updated
automatically concurrent with such extension or amendment.
(A) System Agency may immediately terminate this DUA and Base Contract upon a material
violation of this DUA.
(B) Termination or Expiration of this DUA will not relieve Contractor of its obligation to
return or Destroy the Confidential Information as set forth in this DUA and to continue to safeguard the
Confden 'aI Information until such time as determined by System Agency.
(D) If System Agency determines that Contractor has violated a material term of this DUA;
System -Agency may in its sole discretion:
1. Exercise any of its rights including but not limited to reports, access and inspection under
this DUA or the Base Contract; or
2. Require Contractor to submit to a corrective action plan, including a plan for monitoring
and plan for reporting, as System Agency may determine necessary to maintain compliance with
this DUA; or
System Agency Data Use Agreement V.8.3 HIPAA Omnibus Compliant April 1, 2015
Page 9ofII
System Agency Contract No.HHSItEV100001078
3. Provide Contractor with a reasonable period to cure the violation as determined by
System Agency; or
4. Terminate the DUA and Base Contract immediately, and seek relief in a court of
competent jurisdiction in Travis County, Texas.
Before exercising any of these options, System Agency will provide written notice to Contractor
describing the violation and the action it intends to take.
(E) If neither termination nor cure is feasible, System Agency shall report the violation to the
5—ec—retary
(F) The duties of Contractor or its Subcontractor under this DUA survive the expiration or
termination of this DUA until all the Confidential Information is Destroyed or returned to System
Agency, as required by this DUA.
Section 6.05 Governing Law, Venue and Lidgadon
(A) The validity, construction and performance of this DUA and the legal relations among the
Parties to this DUA will be governed by and construed in accordance with the laws of the State of Texas.
(B) The Parties agree that the courts of Travis County, Texas, will be the exclusive venue for
any litigation, special proceeding or other proceeding as between the parties that may be brought, or arise
out of; or in connection with, or by reason of this DUA.
Section 6.06 Ll unctive Relief
(A) Contractor acknowledges and agrees that System Agency may suffer irreparable injury if
Contractor or its Subcontractor fails to comply with any of the terms of this DUA with respect to the
Confidential Information or a provision of I or other laws or regulations applicable to Confidential
Information.
(B) Contractor further agrees that monetary damages may be inadequate to compensate
System Agency for Contractor's or its Subcontractor's failure to comply. Accordingly, Contractor agrees
that System Agency will, in addition to any other remedies available to it at law or in equity, be entitled to
seek injunctive relief without posting a bond and without the necessity of demonstrating actual damages,
to enforce the terms of this DUA.
Section 6.07 Indemnification
To the extent permitted by law, Contractor will indemnify, defend and hold harmless System Agency and
its respective Executive Commissioner, employees, Subcontractors, agents (including other state agencies
acting on behalf of System Agency) or other members of its Workforce (each of the foregoing hereinafter
referred to as "Indemnified Party') against all actual and direct losses suffered by the Indemnified Party and
all liability to third parties arising from or in connection with any breach of this DUA or from any acts or
omissions related to this DUA by Contractor or its employees, directors, officers, Subcontractors, or agents or
other members of its Workforce. The duty to indemnify, defend and hold harmless is independent of the duty
to insure and continues to apply even in the event insurance coverage required, if any, in the DUA or Base
Contract is denied, or coverage rights are reserved by any insurance carrier. Upon demand, Contractor will
reimburse System Agency for any and all losses, liabilities, lost profits, fines, penalties, costs or expenses
(including reasonable attorneys' fees) which may for any reason be imposed upon any Indemnified Party by
reason of any suit, claim, action, proceeding or demand by any third party to the extent caused by and which
results from the Contractor's failure to meet any of its obligations under this DUA. To the extent permitted
System Agency Data Use Agreement V.8.3 HIPAA Omnibus Compliant April 1, 2015
Page 10 of 11
System Agency Contract No.HHSREV100001078
by law, Contractor's obligation to defend, indemnify and hold harmless any Indemnified Party will survive
the expiration or termination of this DUA.
Section 6.08 Insurance
(A) Contractor represents and warrants that it maintains either self-insurance or commercial
insurancewith policy limits sufficient to cover any liability arising from any acts or omissions by
Contractor or its employees, directors, officers, Subcontractor;, or agents or other members of its Workforce
under this DUA. Contractor warrants that System Agency will be a loss payee and beneficiary for any such
claims. .
(B) Contractor will provide System Agency with written proof that required insurance
coverage is in effect, at the request of System Agency.
Section 6.09 Fees and Costs
Except as otherwise specified in this DUA or the Base Contract, including but not limited to
requirements to insure or indemnify System Agency, if any legal action or other proceeding is brought for the
enforcement of this DUA, or because of an alleged dispute, contract violation, Event Brea c default,
misrepresentation, or injunctive action, in connection with any of the provisions -of this DUA, each party will
bear their own Iegal expenses and the other cost incurred in that action or proceeding.
Section 6.10 Entirety of the Contract
This Data Use Agreement is incorporated by reference into the Base Contract and, together with the
Base Contract, constitutes the entire agreement between the parties. No change, waiver, or discharge of
obligations arising under those documents will be valid unless in writing and executed by the party against
whom such change, waiver, or discharge is sought to be enforced.
Section 6.11 Automatic Amendment and Interpretation
Upon the effective date of any amendment or issuance of additional regulations to 1U" or any
other law applicable to Confidential Information, this DUA will automatically be amended so that the
obligations imposed on System Agency or Contractor remain in compliance with such requirements. Any
ambiguity in this DUA will be resolved in favor of a meaning that permits System Agency and Contractor to
comply with HIPAA or any other law applicable to Confidential Information.
System Agency Data Use Agreement V.8.3 HIPAA Omnibus Compliant April 1, 2015
Page 11 of 11
System Agency Contract No.HHSREV 100001078
ATTACHMENT 1. SUBCONTRACTOR AGREEMENT FORM
System Agency CONTRACT NUMBER HHSREV100001078
The DUA between System Agency and Contractor establishes the permitted and required uses and
disclosures of Confidential Information by Contractor.
Contractor has subcontracted with (SUBContractor) for
performance of duties on behalf of CONTACTOR which are subject to the DUA. SUBContractor
acknowledges, understands and agrees to be bound by the identical terms and conditions applicable to
Contractor under the DUA, incorporated by reference in this Agreement, with respect to System Agency
Confidential Information. Contractor and SUBContractor agree that System Agency is a third -party
beneficiary to applicable provisions of the subcontract.
System Agency has the right but not the obligation to review or approve the terms and conditions of the
subcontract by virtue of this Subcontractor Agreement Form.
Contractor and SUBContractor assure System Agency that any Breach or Event as defined by the DUA
that SUBContractor Discovers will be reported to System Agency by Contractor in the time, manner and
content required by the DUA.
If Contractor knows or should have known in the exercise of reasonable diligence of a pattern of activity
or practice by SUBContractor that constitutes a material breach or violation of the DUA or the
SUBContractor's obligations Contractor will:
1. Take reasonable steps to cure the violation or end the violation, as applicable;
2. If the steps are unsuccessful, terminate the contract or arrangement with SUBContractor, if
feasible;
3. Notify System Agency immediately upon reasonably discovery of the pattern of activity or
practice of SUBContractor that constitutes a material breach or violation of the DUA and keep
System Agency reasonably and regularly informed about steps Contractor is taking to cure or
end the violation or terminate SUBCONTACTOR's contract or arrangement.
This Subcontractor Agreement Form is executed by the parties in their capacities indicated below.
CONTRACTOR
BY:
NAME:
TITLE:
DATEOZ 1 .
SUBCONTRACTOR
BY:
NAME:
TITLE:
DATE:
System Agency Data Use Agreement V.8.3 HIPAA Omnibus Compliant April 1, 2015
Attachment 1
Page 1 of 1
F
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director
MEETING DATE: May 15, 2018
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute Change Order No. 3, accept maintenance, and authorize a
final payment for the 2017 Paving Improvements Project.
BACKGROUND
On May 9, 2017, City Council awarded Brystar Contracting, Inc. the contract for the 2017
Paving Improvements Project in the amount of $852,169.00. This project consists of new
concrete and asphalt pavement, storm sewer improvements, and repairs to existing sidewalks,
driveways, and curbs on Harrison Avenue and the Bristol Drive/Rosine Street intersection.
Change Order No. 1 in the amount of ($1,750.00) was approved on August 4, 2017 reducing the
contract amount to $850,419.00.
Change Order No. 2 in the amount of $42,671.68 was approved on April 10, 2018 increasing the
original contract amount to $893,090.68.
Change Order No. 3, in the amount of $32,506.81, is required to adjust the estimated quantities
in the contract to reflect actual quantities installed during the course of construction. The
adjustment in quantities will represent an increase of 8.62% to the original contract making the
new contract amount of $925,597.49.
The project has been inspected by the Public Works Engineering Division and found to be
complete in accordance with the provisions and terms set forth in the contract. Acceptance of
maintenance and final payment in the amount of $185,355.93 is recommended.
FUNDING SOURCE
Capital Program — Street Rehabilitation Program.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO. 18-075
WHEREAS, on May 9, 2017, the City Council of the City of Beaumont, Texas,
passed Resolution No. 17-091 awarding a contract in the amount of $852,169.00 to
Brystar Contracting, Inc., of Beaumont, Texas, for the 2017 Paving Improvements
(Harrison Avenue -- IH -10 to Eleventh Street) and (Bristol Drive/Rosine Street
Intersection) Project; and,
WHEREAS, on August 4, 2017, the City Manager executed Change Order No. 1,
in the amount of ($1,750.00), to adjust the estimated quantities to reflect the actual
quantities used in the field, thereby decreasing the contract amount to $850,419.00;
and,
WHEREAS, Change Order No. 2, in the amount of $42.671.68, is necessary to
adjust the estimated quantities installed during the course of construction; provide for
the Harrison Avenue/141' Street intersection to be constructed with reinforced concrete
in lieu of asphalt paving as originally designed; and the addition of seventy-eight (78)
calendar days to the contract, thereby increasing the contract amount to $893,090.68;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the
City Manager be and he
is hereby authorized to execute
Change
Order No. 2 for
additional work described
above, thereby increasing the
contract
amount by $42,671.68 for a total contract amount of $893,090.68 for the 2017 Paving
Improvements (Harrison Avenue —IH -10 to Eleventh Street) and (Bristol Drive/Rosine
Street Intersection) Project; and,
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
AAI
PASSED BY THE CITY COUNCIL_ of the City of Beaumont this the 10th day of
April, 2018.
hyo
--Mayor Pro Tem Robin Mouton -
CITY OF BEAUMONT
DATE: May 7, 2018
PROJECT: 2017 PAVING IMPROVEMENTS - HARRISON AVE & 13RISTOIJROSINE INTERSECTION
OWNER: CITY OF BEAUMONT
CONTRACTOR: BRYSTAR CONTRACTING, INC.
CHANGE ORDER NO.3 (FINAL)
All quantities adjusted to reflect final field measurements,
Item No.
Item
Code
Description
Unit
Original
Quantity
New
Quantity
Unit Price
Total
104
2001
REMOVING CONC (PAV) WITH OR WITHOUT ASPH OVERLAY
SY
4114
4337.33
$ 14.00 $
3.126.62
104
2015
REMOVING CONC (SIDEWALKS)
SY
150
163.74
$ 8.00 $
109.92
104
2017
REMOVING CONC (DRIVEWAYS)
SY
226
21722
$ 12.00 $
(105.36
104
2029
REMOVING CONC (CURB OR CURB & GUTTER)
LF
2055
2824.00
$ 5.00 $
3,845.00
162
2002
BLOCK SODDING
SY
560
970.00
$ 350 $
1435.00
166
2001
FERTILIZER
AC
0.15
0.00
$ 350.00 S
52.50
247
2998
FLEX BASE (ORD COMP)(TY C)(12")
SY
151032
1626.00
$ 29.00 S
3,354.72
260
2073
LIME TRT (SUBGRADE) (8')
SY
2425
2571.00
$ 7.00 $
1,022.00
340
2001
2' TY D ASPH CONC SURFACE COURSE
SY
3613
4108.73
$ 12.00 S
5,948.76
340
2002
1' TY F ASPH CONC BASE COURSE
TON
202
258.49
$ 105.00 S
5,931.45
354
2021
MILL ASPH CONC PAV (1' TO 3')
SY
3548
3906.00
$ 6.30 $
2,268.00
360
2025
CONC PAV (JOINT REINF) (8')
SY,
2129
2183.20
$ 55.00 $
2 981.00
361
2001
FULL -DEPTH REPAIR OF CONC PAV (ASB) ESTIMATED
SY
250
206.00
$ 90.00N(36
529
2002
CONC CURB (TY II)
LF
2143
2196.00
$ 4.00
529
2010
CONC CURB (DOWEL)
LF
40
0.00
$ 7.000529
2010
CONC CURB (DOWEL)
LF
0
40.00
$ 14500530
2010
DRIVEWAYS (CONC)
SY
266
285.00
$ 50.00531
2010
CURB RAMPS (TY 7)
EA
7
8.00
$ 1,400.000531
2015
CONC SIDEWALKS (4)
SY
135
184.90
$ 58.000
712
2001
CLEANING AND SEALING JOINTS AND CRACKS
LF
950
0.00
$ 330 $
(3,135.00
1122
2019
CONSTRUCTION EXITS (REMOVE)
SY
-1
0.00
$ 5.00 $
5.00
1122
2047
BIODEG EROSN CONT LOGS (INSTL) (8')
LF
400
140.00
$ 350 $
910.00)
1122
2056
BIODEG EROSN CONT LOGS (REMOVE)
LF
400
140.00
$ 1.50 S
390.00)
9000
1000
ADDITIONAL SODDING
IS
0
1.00
$ 5,276.00 $
5,276.00
[419 (H 12 i CIIIJU IF
NET FROM PREVIOUS CHANGE ORDERS:
TOTAL AMOUNT OF THIS CHANGE ORDER:
PERCENT OF THIS CHANGE ORDER:
TOTAL PERCENT CHANGE ORDER TO DATE:
NEW CONTRACT AMOUNT:
AC PTEA 1 -
BRYAN PHELPS, BR AR CONTRACTING, INC.
REVIE
�z&' 61
LD E. CROC T 1SESIGNER II
APPROVED BY:
TOTAL: S 32,506.81
v�l,a ��)�ll18iU.
S 852,169.00
$ 40,921.68
$ 32506.81
3.81%
8.62%
S 925,597.49
PREPARED BY:
BRANDON BELAIRE, ROADWAY DESIGNER
REVIEWED BY:
r
p ` /17
D,VJOSEP MAJDA , Pf-
��I,IqWORKS DIRECTOR
ATTESTED BY:
KYLE HAYES, CITY MANAGER TINA BROUSSARD, CITY CLERK
RESOLUTION NO. 18-075
WHEREAS, on May 9, 2017, the City Council of the City of Beaumont, Texas,
passed Resolution No. 17-091 awarding a contract in the amount of $852,169.00 to
Brystar Contracting, Inc., of Beaumont, Texas, for the 2017 Paving Improvements
(Harrison Avenue -- IH -10 to Eleventh Street) and (Bristol Drive/Rosine Street
Intersection) Project; and,
WHEREAS, on August 4, 2017, the City Manager executed Change Order No. 1,
in the amount of ($1,750.00), to adjust the estimated quantities to reflect the actual
quantities used in the field, thereby decreasing the contract amount to $850,419.00;
and,
WHEREAS, Change Order No. 2, in the amount of $42.671.68, is necessary to
adjust the estimated quantities installed during the course of construction; provide for
the Harrison Avenue/10 Street intersection to be constructed with reinforced concrete
in lieu of asphalt paving as originally designed; and the addition of seventy-eight (78)
calendar days to the contract, thereby increasing the contract amount to $893,090.68;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the City Manager be and he is hereby authorized to execute Change
Order No. 2 for additional work described above, thereby increasing the contract
amount by $42,671.68 for a total contract amount of $893,090.68 for the 2017 Paving
Improvements (Harrison Avenue —IH -10 to Eleventh Street) and (Bristol Drive/Rosine
Street Intersection) Project; and,
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
April, 2018.
r 1�
--Mayor Pro Tem Robin Mouton -
aa4t�o�3t �.�
aem..aa•
CITY of BEAUMONT
DATE: March 22, 2018
PROJECT: 2017 PAVING IMPROVEMENTS - HARRISON AVE & BRISTOLlROSINE INTERSECTION
OWNER: CITY OFBEAUMONT
CONTRACTOR ,BRYSTAR OONTRACTING, INC.
CHANGE ORDER'NO.2
THE FOLLOWBIG CHMGES IN THE PLAN8'A11JD%OR SPECIFICATIONS ARE HEREBY MADE:
A(Qust the estimated bid quantities to reflect a adesigo of the concrete pavement limits, asphalt limits, corp repair, and sidewalk repair. Additional contract
tine due to plan revisions and mcl&=t weather days exceeding alloted tentmct amount.
Item No.
Item
Description
Unit
OriginalANewUnit
Qnantlty
Prkc
Total
100
200?
PAEP ROW GREATER THAN 24"DIA)
, EA
1
52,000.00
-S 000.00
104
2001
REMOV CONC PA WITH OR W/OASPHALTOVERLAY
SY
4200
514.00
51204.104
2017
REMOVINGCONC DRIVEWAYS
SY
220
$1200
$72.00
104
2032
R04OVD4000NC(WHEELCHAIRRAMP)
EA
9
S150.00
-51,050.00
110
2001
EXCAVATION (ROADWAY)
CY
600
525:00
S10.437.SO
247
2998
FLEX13ASE ORD COMP) TYPE C 12"
SY
1350
151032
529.00
S4.64918
254
2021
MILL ASPHALT CONC PAVEMENT 1--3-)
SY
4075
3548
S6.30
.53320.10
260
2073
LIME TREATMENT SUBGRADE 8'9
SY
2750
2425
57.00
S2,275.00
340
2001
r TY D ASPHALT CONC SURFACE COARSE
SY
4075
3613
57200
55,54400
340
2002
1"TYPASPHALT CONC BASE COURSE
TONS
250
202
5105.00
-5504000 ,
360
2025
CONC PAV JOINT REINF(
SY
2400
2129
$55.00
514,905.OD
360
2999
CONC PAV JOINT REINF (81 HES
SY
1175
1647
$76.00
$35.87200
464
2003
RC PIPE (CL IID (18' COI
IF
123
116
$190.00
S I 30.00
464
2005
RC PIPE (CLIII) (241 COI
LF
121
90
5200.00
56,200.00
465
4003
MANN (COMPL) (6x4)
EA
1
2
512,500.00
512,500.00
479
2000
ADJLMTMO STORM AND SANITARY MANHOLES
EA
3
9
51.000.00
55,00000
496
2002
REMOV STR (INLET)
EA
8
12
$500.00
52,000.00
496
20M_
REMOV STR (PIPE) (ALL SUES)
IF---
233
207
$10.00
5260.00
502
2001
BARRICADES, SIGNS, AND TRAFFIC HANDLING
MO
6
8.5
$2,700.00
S6,T50.00
529
2002
CONC CURB 2
LF
2050
2143
54.00
5372.00
529
2004
CONC CURB.& GUTTER
LF
0
177
$3500
$6,195.00
529
2007
CONCCURB (DOWEL)
LF
40
226
S14.50
52,697.00
SM
2010
DRIVEWAYS (CONC)
SY
220
266
$56.00
32,300.00
1122
2016
CONSTRUCTION EXITS (INSTALL) - IL__
SY
160
0
514.00
40.00
1122 1
2016
1CONSTRUCTION EXITS (REMOVE)
SY
161
0
S5.00'
580500
TOTAL: $42,671.68
78 CnLUMMRMM WILL BE ADDED TO THE CONTRACT TDM
ORIGINAL CONTRACT AMOUNT:
NET FROM PREVIOUS CHANGE ORDERS:
TOTAL AMOUNT OF THIS CHANGE ORDER
PERCENT OF THIS CHANGE ORDER:
TOTAL PERCENT CHANGE ORDER TO DATE:
NEW CONTRACT AMOUNT:
A B
BIZYAN PHELPS, BRY AR NTRACTING, INC
REVT�CROCII A IGNER H
,
APPROVED BY:
KYLE HAYES, CITY MANAGER
S852,169.00
-SI,750.00
$42.671.68
5.01%
4.80%
$893,090.68
PREPAREDI3Y:
BRANDON B�ELAIRE/, ROADWAY DESIGNER
REVIEWED BY:
J Al
P
LIC WORKS DIRE
A BY: &
,I AA a MAMA
TINA BROUSSARD, CITY CLERK
CrrY OF BF.AUMONT
DATE: August 4, 2017
PROJECT: 2017 PAVING IMPROVF=NTS - HARRISON AVE & BRISTOUROSINL INTERSECTION
OWNER: CITY OF BEAUMONT
CONTRACTOR: BRYSTAR CONTRACTING, INC.
CHANGE ORDER NO.1
TBE:FOLLQM G id# 'MG} m Swlige ll aA ;AIQD/.OR•;88xmic:Ai IOI48 -A-A's-HERBY-MME:
Adjust the estimated quantities to rolled the actual quantities used in the field.
Item Ne.Item code
D•csc i tion
Unit
0 1w
New Quantity
Unit Pdec
Total
420
2016
CL C CONCRETE COLLAR
EA
2
1
$1200.00
5120D.00
464
2003
RC PIPE CL UD 18'
LF
88
m
MOM
$6,650.00
464
2005
RC PIPE (CL IM 24'
LF
181
121
$200.00
412,000.00
465
2007
INLET EXT TYP C
EA
8
4
$1,300.00
45,200.00
810
9000
INSTALL 6° PVC WATERLINE
LS
0
I
$10,000.00
$10,000.00
'TU1'AL: 'ylj/SU.UU
. - • I9Q,COS9TRAC1' T�'.�d, BE;�DEdTO T1D8:t3HANGIE",ORDER
ORIGINAL CONTRACT AMOUNT:
$852,169.00
NET FROM PREVIOUS CHANGE ORDERS:
$0.00
TOTAL AMOUNT OF THIS CHANGE ORDER:
-$1,750.00
PERCENT OF THIS CHANGE ORDER
-021%
TOTAL PERCENT CHANGE ORDER TO DATE:
-0.21%
NEVI' CONTRACT AMOUNT:
$860.410.00
A E
B1(YAN PHELPS, BRYSTAR CONTRACTING, INC.
PREPARED BY:
BRANDON BELAIRE, ROADWAY DESIGNER
REV[ ED BY: REVIEWED BY-
GT
Y:GT , P CITY ENGINEER D JOS
LI o=
, P.
UBRKS DIRECT
APPROVED BY: � t r
KYLZ HANES, CITY MANAGER V
A D BY:
BROUSSA , CITY CLERK
RESOLUTION NO.
WHEREAS, on May 9, 2017, the City Council of the City of Beaumont, Texas
passed Resolution No. 17-091 awarding a contract in the amount of $852,169.00 to
Brystar Contracting, Inc., of Beaumont, Texas, for the 2017 Paving Improvements
(Harrison Avenue— IH -10 to Eleventh Street) and (Bristol Drive/Rosine Street
Intersection) Project; and,
WHEREAS, on August 4, 2017, the City Manager executed Change Order No. 1,
in the amount of ($1,750.00), to adjust the estimated quantities to reflect the actual
quantities used in the field, thereby decreasing the contract amount to $850,419.00;
and,
WHEREAS, on April 10, 2018, the City Council of the City of Beaumont, Texas
passed Resolution No. 18-075 approving Change Order No. 2, in the amount of
$42,671.68, to adjust the estimated quantities installed during the course of
construction; provide for the Harrison Avenue/14th Street intersection to be constructed
with reinforced concrete in lieu of asphalt paving as originally designed; and the addition
of seventy-eight (78) calendar days to the contract, thereby increasing the contract
amount to $893,090.68; and,
WHEREAS, Change Order No. 3, in the amount of $32,506.81, is necessary to
adjust the estimated quantities in the contract to reflect actual quantities installed during
the course of construction, thereby increasing the contract amount to $925,597.49; and,
WHEREAS, the project has been inspected by the Engineering Division and
found to be complete in accordance with the provisions and terms set forth in the
contract;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the City Manager be and he is hereby authorized to execute Change
Order No: 3 for additional work described above, thereby increasing the contract
amount by $32,506.81 for a total contract amount of $925,597.49 for the 2017 Paving
Improvements (Harrison Avenue —IH -10 to Eleventh Street) and (Bristol Drive/Rosine
Street Intersection) Project; and,
BE IT FURTHER RESOLVED THAT the 2017 Paving Improvements (Harrison
Avenue —IH -10 to Eleventh Street) and (Bristol Drive/Rosine Street Intersection) Project
be and the same is hereby accepted; and,
BE IT ALSO RESOLVED THAT the City Manager is hereby authorized to make
final payment in the amount of $185,355.93 to Brystar Contracting, Inc., of Beaumont,
Texas.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
May, 2018.
- Mayor Becky Ames -
BEAUMONT
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MAY 15, 2018 1:30 PM
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1, 2 and 4/
Consent Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider a resolution approving the award of a contract to H. B. Neild & Sons,
Inc. for plaster repair, restoration and painting at the Jefferson Theater
2. Consider a resolution authorizing the placement of "In God We Trust" decals on
City emergency response vehicles
PUBLIC HEARING
* Receive comments on the Public Services and Public Facilities and Improvements
line items of the Consolidated Grant Program's 2018 Annual Action Plan
3. Consider approving a resolution adopting the 2018 Annual Action Plan
COMMENTS
* Public Comment (Persons are limited to 3 minutes)
Councilmembers/City Manager comment on various matters
EXECUTIVE SESSION
Consider matters related to appointment, employment, evaluation, reassignment,
duties, discipline or dismissal of a public officer or employee in accordance with
Section 551.074 of the Government Code to wit:
City Magistrate Applicants — Terrence Allison and Brittanie Holmes
4. Consider a resolution appointing a part time City Magistrate
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Kaltrina Minick at 880-3777.
1
May 15, 2018
Consider a resolution approving the award of a contract to H. B. Neild & Sons, Inc. for plaster
repair, restoration and painting at the Jefferson Theater
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: May 15, 2018
REQUESTED ACTION: Council consider a resolution approving the award of a contract to
H. B. Neild & Sons, Inc. of Beaumont for plaster repair, restoration
and painting at the Jefferson Theater.
BACKGROUND
Several areas of the plaster ceiling in the Jefferson Theater are cracking and peeling due to the
accumulation of condensation on the external side of the HVAC duct system located in the attic
areas. The existing duct system has been externally insulated with a closed -cell foam insulation
to prevent further condensation accumulation.' The damage to the interior east wall has resulted
from moisture migrating through the exterior masonry wall system due to thermal movement of
the brick veneer and the aging effects of the building.
Bids were requested from eleven vendors and one response was received. The low qualified bid
was received from H.B. Neild & Sons, Inc. in the amount of 328,525.
Specifications allow for the work to be completed by September 30, 2018. Bid tabulation is
attached.
FUNDING SOURCE
Capital Reserve Fund.
RECOMMENDATION
Approval of the resolution.
CITY OF BEAUMONT - PURCHASING DIVISION
BEAU MOt T Terry Welch - Senior Buyer
409-880-3107
TEXAS terrv.welchCaD-beaumonttexas
BID TABULATION: Ornamental and Lath Plaster Restoration, Painting and Gilding of the
Jefferson Theater
BID No. TF0418-25
OPENING DATE: Thursday, May 03, 2018
Vendor
Ci State
H.B. Neild & Sons Inc
Beaumont, TX
ITEM
BID PRICE
Base Bid for Scope as Specified
$328,525.00
Unit Price #1 -Additional Plaster Removal,
Replacement and Painting as Specified in
Section 1.7 of Technical Specifications.
$287.5 /SQ. FT.
Total Bid:
$328,525.00
Lowest qualified bidder is: H.B. Neild & Sons Inc.
RESOLUTION NO.
WHEREAS, the City of Beaumont solicited bids for ornamental lath, plaster
repair, 'restoration, painting, and gilding of the Jefferson Theatre; and,
WHEREAS, H.B. Neild & Sons, Inc., of Beaumont, Texas, submitted a bid in the
amount of $328,525.00 and $287.50 per square foot for any additional plaster removal,
placement, and painting of the Jefferson Theatre; and,
WHEREAS, the City Council is of the opinion that the bid submitted by H.B. Neild
& Sons, Inc., of Beaumont, Texas, is the lowest responsible bidder providing the best
value to the City and should be accepted;
NOW THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the City Council hereby approves the award of a contract to H.B. Neild &
Sons, Inc., of Beaumont, Texas, in the amount of $328,525 for ornamental lath, plaster
repair, restoration, painting, and gilding of the Jefferson Theatre and $287.50 per
square foot for any additional plaster removal, placement, and painting of the Jefferson
Theatre; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a Contract with H.B. Neild & Sons, Inc., of Beaumont, Texas, for
the purposes described herein.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
May, 2018.
- Mayor Becky Ames -
2
May 15, 2018
Consider a resolution authorizing the placement of "In God We Trust" decals on City emergency
response vehicles
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorney
MEETING DATE: May 15, 2018
REQUESTED ACTION: Council consider a resolution authorizing the placement of "In God
We Trust" decals on City emergency response vehicles.
I::_ 1101
The placement of "In God We Trust" decals was previously discussed in a City Council Work
Session.
FUNDING SOURCE
Dedicated donated funds.
RESOLUTION NO.
WHEREAS, "In God We Trust" was adopted by the United States Congress as a
national motto of the United States in 1956; and,
WHEREAS, the U.S. Congress has required the motto to be inscribed on coins
and printed currency of the United States; and,
WHEREAS, the sentiment "In God We Trust" has been an intrical part of the
United States society since its founding; and,
WHEREAS, the City desires to display the national motto on its emergency
vehicles; and,
WHEREAS, recognizing that the City of Beaumont should not take any actions
establishing or promoting the establishment of religion, any display of the national motto
on emergency vehicles is intended as a patriotic or ceremonial symbol; and,
WHEREAS, this action is intended to be a passive use and not intended to
coerce or encourage citizen participation in religion or seek approval or disapproval of
religion;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the City Manager be and he is hereby authorized to cause the display of
"In God We Trust" decals on City emergency response vehicles.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
May, 2018.
- Mayor Becky Ames -
PUBLIC HEARING
Receive comments on the Public Services
and Public Facilities and Improvements
line items of the Consolidated Grant
Program's 2018 Annual Action Plan
3
May 15, 2018
Consider approving a resolution adopting the 2018 Annual Action Plan
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
GS13
PREPARED BY: Chris Boone, Planning & Community Development Director
MEETING DATE: May 15, 2018
REQUESTED ACTION: Council conduct a Public Hearing to receive comments on the
Public Services and Public Facilities and Improvements line items
of the Consolidated Grant Program's 2018 Annual Action Plan and
consider approving a resolution adopting the 2018 Annual Action
Plan.
BACKGROUND
As mandated by the U. S. Department of Housing and Urban Development (HUD), City Council
has conducted public hearings and work sessions in previous years prior to adopting the City's
Annual Action Plan. Planning & Community Development staff, along with the Community
Development Advisory Committee (CDAC), has hosted Public Hearings in order to receive
public comments on the process and activities related to the 2018 Annual Action Plan. Attached
is the proposed Budget for the 2018 Program Year.
The proposed budget reflects estimated allocations of $1,251,755 in Community Development
Block Grant (CDBG) funding, an estimated $100,000 in Program Income and $505,704 in
HOME funding. Please note these amounts may change slightly before the final adoption as we
receive the final amounts from HUD.
FUNDING SOURCE
U.S. Department of Housing and Urban Development (HUD) Community Development Block
Grant and HOME Investment Partnership Grant funds.
RECOMMENDATION
Conduct the Public Hearing and approve the resolution.
I
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby adopts the HUD Consolidated Grant Program's 2017
Annual Action Plan, as well as the budget of the Action Plan in the amount of
$1,857,459. The Plan is substantially in the form attached hereto as Exhibit "A" and
made a part hereof for all purposes.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
May, 2018.
- Mayor Becky Ames -
2018 HUD CONSOLIDATED GRANT PROGRAM
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2018
Budget
CLEARANCE AND DEMOLITION 40,426
Funds will be used to demolish unsafe, unsanitary and, uninhabitable residential structures
located in low to moderate income areas.
PUBLIC FACILITY & IMPROVEMENT 892,966
Section 108 Loan Repayment for:
Hotel Beaumont; Crocket Street; Jefferson Theater; Theodore R. Johns, Jr. Library; L.L. Melton YMCA
PUBLIC SERVICES 65,113
Public Service Organizations
Funds will be used for administrative and operating costs for various public service organizations that
provide services to low/moderate income citizens.
ADMINISTRATION 253,270
Funds will be used for personnel and operating expenses necessary for compliance with the planning, execution,
and regulatory requirements associated with the implementation of the HUD Consolidated Grant Program.
TOTAL ENTITLEMENT 1,251,775
Program Income 100,000
Small Business Loan
Historic Preservation Loan Fund
Clearance and Demolition
*Program Income is Estimated
TOTAL CDBG 1,351,775
HOME Budget
AFFORDABLE HOUSING PROGRAM
Funds will be awarded to a non-profit housing development organization that will assist low/moderate
income families in the process of acquiring a home (down payments assistance/closing costs, and mortgage
buy downs).
HOME ADMINISTRATION 50,571
CHDO OPERATING (5%) 25,285
(Community Housing Development Organization Operating)
CHDO RESERVE (15%) 75,855
(Community Housing Development Organization Reserve)
ENTITLEMENT (70%) 353,993
TOTAL HOME 505,704
As of 5/1/18 EXHIBIT "A"
1
2
3
4
S
6
7
8
9
10
it
12
13
2018 CONSOLIDATED BLOCK GRANT PROGRAM APPLICATIONS
Public Services/Public Facilities & improvements/Emergency Shelter Set -Aside
As of 3/20/18
AMOUNT
CDAC
ADMINISTRATION
CITY COUNCIL
ORGANIZATION
REQUESTED
RECOMMENDATIONS
RECOMMENDATIONS
RECOMMENDATIONS
PUBLIC SERVICES
Child Abuse & Forensic Services
$10,ODO.00
$5,008.69
$5,M8.69
Hope Women's Resource Clinic
$10,000.00
$5,008.69
$5,008.69
IEA -In spire, Encourage, Achieve
$12,000.00
$5,008.69
$5,008.69
Julie Roger's "Gift for Life"
$10,000.00
$5,008.69
$5,008.69
Nutrition and Services for Seniors
$6,633.21
$5,008.69
$5,008.69
Southeast Texas Family Resource Center
$10,000.00
$5,008.69
$5,008.69
Southeast Texas Food Bank
$8,750.00
$5,008.69
$5,008.69
Tender Loving Care/Legacy CDC
$7,500.00
$5,008.69
$5,008.69
The Art Studio
$10,000.00
$5,008.69
$5,008.69
Total Public Services
$84,883.21
$45,078.21
$45,078.21
$0.00
PUBLIC FACILITIES AND IMPROVEMENTS
Habitat For Humanity
$10,000.00
$5,008.69
$5,008.69
The H.O.W. Center
$10,000.00
$5,008.72
,$5,008.72
Total Public Facilities and Improvements
$20,000.00
$10,017.41
$10,017.41
$0.00
HOMELESS/SET-ASIDE
Family Services of Southeast Texas
$20,000.00
$5,008.69
$5,008.69
Henry's Place/Some Other Place
$20,000.00
$5,008.69
$5,008.69
Total Homeless/Set-Aside
$40,000.00
$10,017.38
$10,017.38
$0.00
TOTAL AMOUNT REQUESTED FOR ALL FUNDING
144.883.21
$65,113.00
$65,113.00
$0.00
As of 3/20/18
CDBG 2018 Applicants for Public Services/Public Facilities
Certification of mmpr'iance with National Objectives In accordance with subpart C of CFR partM projected use offends meet one National Objective: 2) benefits low and moderate Income families, 2) aids In
prevention or elimination of slums or blighted conditions, and 41 meet other community development needs having a particular urgency.
Community Public Services/Housing/Educational
Imuff�P?
1. CHILD ABUSE AND
FORENSIC SERVICES
$10,000
Funding YAII be used to reimburse a
portion of salary costs associated
with the on can seMccs ($2.75/hr)
and examinations ($300.00 per
exam) provided to low/moderate
income victims of sexual assault
that occur after hours and
weekends. Purchase of a security
and monitoring system for the
office.
2. FAMILY SERVICES OF
SOUTHEASTTEXAS
$20,000
Funding will be used to reimburse
repair/maintenance expenses
(eleclrieal/plumbing work,
painting, HVAC unit repair and
upkeep), ofthebuildmg/grounds
and utility costs for the shelter that
houses victims and their children
that are Ileehig domestic abuse.
3. HABTTATFOR HUMANTTY
$20,000
Funding combined with additional
funding sources will be used to
construct a single family home at
4432 Galveston for a low to
moderato income family.
4. HENRY'S PLACElSOME
OTIM PLACE
$10,000
!i LINam, 4�
Funding will be used to pay for
operational costs at a f alty that
serves homeless, mentally disabled
persons Costs to include:
assistance with utility bills,
repaidmainter ante of equipment,
officefoustodial supplies, salaries
and professional fees.
S. HOPE WOMEN'S
RESOURCE CLINIC
$10,000
Funding will be used to -Pay for the
cost of testing for Sexually
Thrismitted lufwfions (STI).
These tests are provided for our
low to moderate income clients that
are provided confidential -
counseling, pretmancy testing,
educational classes and community
referrals.
6. LEA. (INSPIRE,
ENCOURAGE, ACHIEVE)
$12,000
Fundmgforthe implementation of
a psyebosoolal intervention with
individual and group experiences
that will help inspire positive
attitudes toward learning skills to
help juvenile justice involved youth
cope with social and emotional
stressors that interfere with
educational outcomes, Funding will
be used to pay the salaries ofthe
Project Coordinator and
Educational providers, to pay for
transportation costs, vehicle
maintenance and fuel to transfer the
students and to purchase project
supplies.
7. JULIE ROGER'S GIFT OF
LIFE PROGRAM
$10,000
Funding will be used to underwrite
Ole cost ofthe facility rental, vital
lab reports for screenings for
prostate cancer, cholesterol and
primary care tests for more than
300lowto moderate income
individuals. Costto cover the
printing and purchase of
educational outreach literature and
to pay aportion ofthe salary ofthe
NursoPractitioner who is a vital
and essential medical professional
in our outreach efforts in the
community.
8. NUTRITION AND
SERVICES FOR SENIORS
$6,633.21
Funding will be used to purchase
kitchen cquipmeat (1) electric
combs oven, for the Meals on
Wheels Program which provides a
hot meal to the homebound senior
citizens of our community that are
low to moderate income.
9. SET$ FAMILY RESOURCE
CENTER
$10,000
Funding will be used to facilitate an
after-school and summer
t
enrichment program, building and
vehicle maintenance costs and
repairs, supplies for the Jazzy '
Senior's Program, costs to include
(health screenings, family activity
nights, tbod distribution, and
resource referrals, kitchen supplies,
and paper/plastic goods). Funding
will also enhance educational
programs, computer literacy
(mlr/paper, educational & learning
software and copier machine
toner), GID library (books, books
on tape, music and equipment). All
services provided to benefit the low
to moderate income areas of
Beaumont
10. SOUTHEAST TEXAS
FOOD BANK
$8.750
Funding will be used to purchase
food that will be distributed to low
to moderate income families and
children that are enrolled in the
Backpack Program that provide
food for the weekends.
11. Tender Loving Care/Legacy
CDC
$7,500
Funding will be used to cover the
costs of the Home Buyers
Education Certification and Credit
Counseling courses which aro
needed for clients to participate in
the 1p0 Time Homebuyers Program,
for the City ofBemnmont. The
Public Facilities
A — =
financial and credit counseling is
provided to low income families
and residents ofBeaumont that
desire to purchase a home.
12. THE ART STUDIO
SZ0,000
Funding will be used purchase the
building materials and labor costs
to construct anew roof on our
building. The Studio provides
educational opportunities for the
general public and the community
of artists, offers sustained support
for the artist by providing studio
and exhibition space and an area
for group work sessions. The
Studio is available for low to
moderate income individual and
families as well as other members
of our community.
13. The H O. W. Center
$10,000
Funding will be used to repair and
replace plumbing RKUZ s, Pipes,
valves and faucets inside of Dorms
#1 and #3 and to replace about 50
feet of yard line and tie into the
mistingmain sewer system. The
Center provides shelter and
educational opportunities, job
training and other services for low
to moderate income men who are
recovering from substance and/or
alcohol addiction.
11
May 15, 2018
Consider a resolution appointing a part time City Magistrate
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
MEETING DATE: May 15, 2018
REQUESTED ACTION: Council consider a resolution appointing a part time City Magistrate.
BACKGROUND
The City Council met in an Executive Session and discussed the appointment of a Municipal
Magistrate to serve on an as -needed basis to assist the Chief Magistrate of the Municipal Court.
The City Charter states, "There shall be one or more magistrates of said Municipal Court known
as City Magistrates, one of whom shall be designated as Chief Magistrate..."
Job notices were posted soliciting persons interested in serving in a part time capacity on an as -
needed basis in the Municipal Court.
The part time City Magistrate would be appointed for a two (2) year term with compensation set
at $250 per session.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT be appointed as part-time City Magistrate of the
City of Beaumont for a two (2) year term. Compensation shall be $250 per session.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
May, 2018.
- Mayor Becky Ames -