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Home My WebLink AboutPACKET SEP 11 2018BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 11, 2018 1:30 PM CONSENT AGENDA Approval of minutes — August 28, 2018 Confirmation of board and commission member appointments A. Approve a contract with Schaumburg and Polk Inc. for Engineering Services related to the Cattail Marsh Wetlands B. Approve a payment to Motorola for a maintenance agreement to support the 800 MHz radio system C. Authorize the City Manager to sign an agreement allowing the City of Beaumont to participate in the Apple Developer program D. Authorize the City Manager to enter into an agreement with the Department of Homeland Security E. Authorize the City Manager to execute all documents necessary, specifically a Memorandum of Understanding, with the Office of the Attorney General of Texas Internet Crimes Against Children Task Force F. Authorize the City Manager to execute all documents necessary for the Beaumont Convention and Visitors Bureau to apply for and accept grant funds from the Jefferson County Tourism Commission 0 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: September 11, 2018 REQUESTED ACTION: Council consider a resolution approving a contract with Schaumburg and Polk Inc. for Engineering Services related to the Cattail Marsh Wetlands. BACKGROUND Flood waters sustained because of Harvey caused soils in the levee to weaken and fail in several locations. Schaumburg and Polk will provide engineering services to address damages incurred during tropical storm Harvey to the Cattail Marsh Wetlands. Services will include engineering, soil reports, design, opinions of probable costs, production of plans and specifications, bidding phase services and construction contract administration. A Request for Qualifications was solicited from fifteen (15) vendors. One response was received and evaluated by City staff. FUNDING SOURCE Ninety percent (90%) of the fees will be covered by FEMA. The remaining fees will be funded by other grants, if applicable, or the Water: Utilities Fund. The contract amount will not exceed $92,000 without prior written authorization. RECOMMENDATION Approval of the resolution. City of Beaumont Criteria Evaluation Score RFQ Number: PF0618-25 RFQ Name: Professional Engineering Services - Cattail Marsh Wetlands Repair RFQ Data: August 2, 2018 Criteria Maximum Score Schaumberg and Polk Beaumont, TX Vendor Introduction 20.00 19.50 Competence & Qualifications of Management 20.00 19.00 Technical adequacy of personnel & sub -consultants 20.00 19.50 Experience of Firm 20.00 20.00 Success of the Firm 20.00 19.50 Approach for the design project 20.00 18.50 Total Points 120.00 116.00 BEAUMO"NT TEXAS MEMORANDUM City of Beaumont, Texas Date: August 29, 2018 To: Kyle Hayes, City Manager From: Dr. Joseph Majdalani, P.E., Public Works Director rt Subject: Schaumburg & Polk, Inc. (SPI) — Cattail Marsh Wetlands Repair Engineering Proposal COMMENTS Attached for your review is the proposal requested from SPI for the above project. The basis of compensation for basic and special services shall be a lump sum amount not to exceed $92,000.00 without prior written authorization by the City. SPI's detailed understanding of the original design of both the wetland cell levees and the outfall will benefit the City in the development of repair methods that will protect the future value of Cattail Marsh. Engineering services which will be provided will include: • Surveying the extent of the damage • Developing construction plans, details, and specifications to repair the damage • Preparing contract documents and assist the City in obtaining bids for the construction • Construction phase engineering to assist with the contract administration and part-time construction observation Please let me know if additional information is needed. Attachments JM/dw �v y� Attachment "A" SGHAUMBURG & POLK,�+sc August.28, 2018 Dr. Joseph MajdalaniP.E. Public Works Director City of Beaumont 801 Main Street, Suite,.200 Beaumont, Texas 77701 Re City of Beaumont Cattail Marsh Wetlands Repair RFQ Number: PF0618-25 Dr. Majdalani, In response to being selected to provide the professional engineering services. for the Cattail Marsh Wetlands Repair, we propose the following approach: The first task will be to meet with the City to.rnake sure we-are:aware of the total. extent of the damage caused by Hurricane Harvey. -Phase ase 1:. will provide for repair of the damaged levees. While the City has noted that particular attention is needed in the areas adjacent to Cell #1, it is also important to. note that Cell #1 cannot be readily taken out of service and drained during the -repair. Repairs to the perimeter levee must be accomplished with extreme caution to prevent. a.catastrophic failure. Engineering services to be provided will include: • Surveying the location and extent of the damage • Develop construction plans, details, and specifications to repair the damage • Prepare contract documents and assist with the City in obtaining bids for the construction • Construction. phase engineering to zssist with the construction contract administration and part-time construction observation Phase 2 will provide for repair of the damage surrounding the cascade outfall. -structure on. the south side of Willow Marsh Bayou. Phase 2 will also provide for cleaning the silt that was deposited in the outfall channel. -August 28, 2018 Dr. Joseph Majdalani, P.E. Page 2 Engineering ;services to, be. provided will include: Surveying the extent of the, damage Develop construction plans, details, and specifications: to repair the damage Prepare contract documents and assist with the City in obtaining bids for the construction v Construction phase engineering to assist with the construction contract administration and part=time construction observation SDI's detailed understanding of"the original design of both the wetland cell levees and the outfall will. benefit the. City. in the development of repair methods that will protect the future value of Cattail Marsh. Based on our initial observations we have prepared an Opinion of Probable Cost, see attached. Please note that the interior slope repair for Cell 1 is a:significant cost because .it can not be drained and will require construction of a temporary coffer dam to make the repairs. We propose the basis. -of compensation for Basic and Special Services shall be a. lump sum amount -as provided for in' the following payment schedule:. Design/Bid. Phase $ 48,000.00 Construction Administration $ 10;000.00 Construction Observation $ 34,000.00 The. total compensation shall not exceed $. 92,0.00.00 without prior written authorization by the City. Sincerely, Jee ev P. EE. Schaumburg & Polk, Inc; _. SCHAUMBURG & POLK iwc City of Beaumont, Texas Tropical Storm Harvey Disaster Recovery Assistance ROMMLIMPWO- 8/28/2018 Page 1 of 2 OPINION OF PROBABLE COST Item Description Quant units Item Amount Item Total 1. Mobilization A. Mobilization, Insurance and Bonds(3%)1 LS $19,000.00 $19,000 Total Item 1 $19,000 2. Exterior Slope Repair Cells 1 2 4 & 5 A. Remove existing crushed limestone and stockpile; dispose geotextile fabric 330 CY $3.50 $1,155 B. Remove vegetation from sloe 3220 SY $1.00 $3,220 C. Remove 2' layer of exterior slope and stockpile 3220 CY $3.50 $11,270 D. Install and Compact Clay Backfill 2' thick 3220 CY $3.50 $11,270 E. Hydro Mulch Seed 3220 SY $1.00 $3,220 F. Install geotextile fabric and crushed limestone road 1390 SY $45.00 $62,550 G. Construct clay key 1250 CY $7.00 $8,750 H. Miscellaneous 1 LS $11,000.00 $11,000 Total Item 2 $112,435 3. Interior Slope Repair Cells 3 & 4 A. Remove existing crushed limestone and stockpile; dispose geotextile fabric 140 CY $3.50 $490 B. Remove vegetation from sloe 2990 SY $1.00 $2,990 C. Remove 2' layer of exterior slope and stockpile 4450 CY $3.50 $15,575 D. Install and Compact Clay Backfill 2' thick 4450 CY $3.50 $15,575 E. Hydro Mulch Seed 2990 SY $1.00 $2,990 F. Install geotextile fabric and crushed limestone road 1100 SY $45.00 $49,500 G. Construct clay key 1050 CY $7.00 $7,350 H. Miscellaneous 1 LS $10,000.00 $10,000 Total Item 3 $104,470 4. Interior Slope Repair Cell 1 A. Remove existing crushed limestone and stockpile; dispose geotextile fabric 170 CY $3.50 $595 B. Remove vegetation from sloe 1530 SY $1.00 $1,530 C. Remove 2' layer of exterior slope and stockpile 1530 CY $3.50 $5,355 D. Install and Compact Clay Backfill 2' thick 1530 CY $3.50 $5,355 E. Hydro Mulch Seed 1530 SY $1.00 $1,530 F. Install geotextile fabric and crushed limestone road 720 SY $45.00 $32,400 G. Construct clay key 430 CY $7.00 $3,010 H. Coffer Dam 640 LF $495.00 $316,800 I. Miscellaneous 1 LS $37,000.00 $37,000 Total Item 4 $403,575 PHASE 1 CONSTRUCT/ON SUBTOTAL: $639,000 Page 1 of 2 PHASE2 1. Mobilization A. I Mobilization, Insurance and Bonds 3% 11 LS 1 $1,000.001 $1,000 Total Item 1 $1,000 2. Replace Sampling Station A. Relocate sampler during construction 1 LS $2,000.00 $2,000 B. Remove existing ad 1 LS $4,000.00 $4,000 C. Install and Compact Clay Backfill 50 CY $7.00 $350 D. Construct reinforce concrete pad 10 CY $750.00 $7,500 E. Hydro Mulch Seed 50 SY $1.00 $50 F. Install sampler 1 LS $2,000.00 $2,000 G. Miscellaneous 1 LS $2,000.00 $2,000 Total Item 2 $17,900 3. Outfall Channel A. Restore outfall channel 1 27801 CY 1 $3.50 $9,730 B. Miscellaneous 11 LS $1,000.00 $1,000 Total Item 3 $10,730 PHA SE2CONS TRUCTION SUB TOTAL• $30,000 CONSTRUCT/ON TEST/NG: $20,000 CONSTRUCTION TOTAL: $689,000 ENG/NEER/NG BASIC SERVICES; Design/Bid Phase $48,000.00 Construction Administration $10,000.00 SPECIAL SERVICES Part-time Construction Observation $34,000.00 ENGINEERING SUBTOTAL: $92,000.00 TOTAL OPINION OF PROBABLE COST: $781,000.00 Page 2 of 2 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a contract with Schaumburg and Polk, Inc. for engineering services related to Cattail Marsh Wetlands repair for damages incurred during Hurricane Harvey. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of September, 2018. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer MEETING DATE: September 11, 2018 REQUESTED ACTION: Council consider a resolution approving a payment to Motorola for a maintenance agreement to support the 800 MHz radio system. BACKGROUND The 800 MHz radio system is used by EMS, Fire, Police and numerous other departments throughout the City for daily communications. The agreement is exempt from competitive bidding since it is available from only one (1) source having exclusive rights to maintain the radio infrastructure. The maintenance agreement provides for constant monitoring of the radio system and 911 dispatch centers as well as dispatching of repair personnel with replacement parts when required. The 800 MHz radio system is shared with Jefferson County, Hardin County, Orange County, the City of Orange, the cities of Groves, Nederland, Port Arthur and Port Neches, the Port of Beaumont, BISD, Water District No. 10, ESD3, ESD4, Acadian and Lamar University's Police Department. The cost of the maintenance contract is in the amount of $572,000.40 and is allocated among all agencies by the number of radios each agency has on the system. This maintenance contract will cover from September 1, 2018 to April 30, 2019. The City of Beaumont will pay the entirety of the Motorola maintenance contract and will be reimbursed by grant funding and the other agencies share of the 25% match. Funding is available through the Department of Homeland Security Supplemental 2017 Port Security Grant Program (PSGP) for 75% of this year's maintenance in the amount of $429.000.30. The 25% match will be shared among all participating entities. The City of Beaumont's portion of the match will be $42,411.66. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. I RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to approve a payment in the amount of $572,000.40 to Motorola for the City's portion of an annual maintenance agreement for support of the shared 800 MHz radio system. The maintenance contract is effective September 1, 2018 and will terminate April 30, 2019. 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 11th day 'of September, 2018. - Mayor Becky Ames - c BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer MEETING DATE: September 11, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to -sign an agreement allowing the City of Beaumont to participate in the Apple Developer program. BACKGROUND The City of Beaumont uses the Apple Development program for three (3) software products: The Golf iPhone app, the SeeClickFix 311 iPhone App and the Mobile Device Management software used to manage and maintain all mobile devices provided by the City. In an attempt to enact a stronger security policy for it's owner's intellectual property, Apple has changed their developer policy. The changes to this policy require the City of Beaumont and it's app developers to participate in the updated Apple Developer Program. The attached agreement is ,required in order to receive any further updates to the City's current iPhone apps or for us to be able to move forward with the Mobile Device Management software necessary to manage the Police mobile computers. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, the City of Beaumont uses the Apple Development program for three (3) software products: The Golf iPhone app, the SeeClickFix 311 iPhone App and the Mobile Device Management software used to manage and maintain all mobile devices provided by the City; and, WHEREAS, in an attempt to enact a stronger security policy for its owner's intellectual property, Apple has changed their developer policy; and, WHEREAS, the changes to this policy require the City of Beaumont and its app developers to participate in the updated Apple Developer Program; and, WHEREAS, a letter executed by the City Manager is required in order to receive any further updates to the City's current iPhone apps or for the City to be able to move forward with the Mobile Device Management software necessary to manage the Police mobile computers; and, WHEREAS, City Council is of the opinion that it is in the best interest of the citizens of the City of Beaumont for the City Manager and/or his designee to execute a letter in accordance with Apple policy in order to participate in the updated Apple Developer Program; 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 and/or his designee be and is hereby authorized to execute a letter in accordance with Apple policy 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 11th day of September, 2018. - Mayor Becky Ames - To Whom it May Concern: Re: Enrollment ID P6886K6586 The City of Beaumont intends to participate in the Apple Developer programs. As City Manager, I have the legal authority to bind the City of Beaumont in all legal agreements presented on behalf of the Apple Developer programs. I am also delegating authority to Bart Bartkowiak, IT Director, for the City of Beaumont to sign any current and subsequent versions of legal agreements presented in regards to the Apple Developer programs. Kyle Hayes City Manager Bart Bartkowiak IT Director EXHIBIT "A" Ic BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer MEETING DATE: September 11, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to enter into an agreement with the Department of Homeland Security. BACKGROUND The National Cybersecurity & Communications Integration Center (NCCIC) of the Department of Homeland Security, under authority of the Homeland Security Act (6 U.S.C. $ 101 et seq., esp. 6 U.S.C. $ 148) would like to gain authorization from the City of Beaumont to conduct continuous network and vulnerability scanning of the City's publicly accessible networks and systems. The scans will help us to assess the security of our publicly accessible networks and systems and allow us to identify any possible problems that should be addressed. The scans will be provided at no cost to the City of Beaumont. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Agreement with the United States Department of Homeland Security, National Cybersecurity & Communications Integration Center (NCCIC) to allow NCCIC to conduct continuous network and vulnerability scanning of the City's publicly accessible networks and systems. Said Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of September, 2018. - Mayor Becky Ames - OOCUIVIENT VERSION SLTT 3.2-7/3/2018 CYBER HYGIENE Authorization to Conduct Continuous Scans of Public -Facing Networks and Systems The National Cybersecurity & Communications Integration Center (NCCIC) of the Department of Homeland Security (DHS), under authority of the Homeland Security Act (6 U.S.C. § 101 et seq., esp. 6 U.S.C. § 148) would like to gain authorization from City of Beaumont, TX Beaumont ) to conduct continuous network and vulnerability scanning of Beaumont)s publicly accessible networks and systems. The goals of these activities are to: 1. Catalog Beaumont Is publicly accessible networks and systems, including services running and version/patch levels 2. Identify vulnerabilities on Beaumont Is publicly accessible networks and systems 3. Identify potential configuration issues with Beaumont's public facing networks and systems 4. Maintain tactical awareness of the operational risks and cyber health of individual entities 5. Inform the government's common operational view of cyberspace 6. Integrate relevant information, analysis, and vulnerability assessments, in order to identify priorities for protective and support measures regarding potential or actual threats 7. Provide "early warning" of specific actionable vulnerabilities to Beaumont DHS activities will originate from IP addresses or other identifiers that will be made known to Beaumont). DHS will also notify Beaumont should the IP addresses or other identifiers change. Scanning will be openly attributable to the authorized scanning source, and should be detected by Beaumont 1s network monitoring solutions. Data will be sent to Beaumont 's networks and systems corresponding to the public facing IP addresses, domain names, or other identifiers provided by Beaumont for scanning. The process has been designed to be as unobtrusive as possible: scheduling, intensity and frequency have been carefully planned to minimize the possibility of service disruption. Activities underthis authorization will be limited to scanning; no attempts to connect to Beaumont Is internal network, penetrate Beaumont 's systems, or monitor Beaumont Is network traffic will be made under this authorization. Page 1of3 EXHIBIT "A" DOCUMENT VERSION SLT73.2-7i;/IDIS If a third -party, such as a cloud service provider, operates or maintains the Beaumont networks or systems to be scanned pursuant to this authorization, Beaumont will make sure that such third parties are promptly notified of this authorized DHS scanning activity and authorize'it in writing. If any such third party should- fail to authorize in writing the scanning activity, Beaumont will promptly notify the DHS point of contact listed below. In a separate Appendix to this authorization lum "t will provide the following information: the point of contact for activities performed under this authorization; an email address for the delivery of reports; identification information for the Beaumont networks and systems to be scanned pursuant to this authorization; and any other relevant information. Beaumont may provide updates to this information from time to time, in writing, using an updated Appendix or other method. Beau"Ont must promptly update DHS of changes to the identifying information used to scan Beaumont networks and systems pursuant to this authorization. DHS acknowledges that Beaumont may withdraw this authorization at any time for any reason. The DHS Point of Contact for this activity can be reached at NCATS info@hg.dhs.gov. All notifications, updates, or other communications regarding this authorization and any related activity should be sent to this DHS Point of Contact. By signing below, the approving Beaumont official agrees to the following: • Beaumont has authority to authorize scanning of the networks and systems submitted pursuant to this authorization; • Beaumont authorizes DHS to conduct the scanning activities described above; • Beaumont agrees to promptly update DHS of changes to the information used to identify the Beaumont networks and systems to be scanned pursuant to this authorization; • Beaumont agrees to promptly notify and secure written authorization for the scanning activities described above from any third -party that operates or maintains the Beaumont networks or systems to be scanned pursuant to this authorization; • Beaumont accepts that, while DHS teams will use their best efforts to conduct scans in a way that minimizes risk to Beaumont's systems and networks, the scanning activities described above create some risk of degradation in performance to Beaumont's systems and networks; • Beaumont accepts all risks to its systems and networks for the activities described above; • Beaumont acknowledges that DHS provides no warranties of any kind relating to any aspect of the assistance provided under this authorization; Page 2of3 a DOCUMENT VERSION 5LTT 3.2-7/3/2alS Beaumont • accepts the risk of any damage that may result from implementing any guidance provided by DHS; Beaumont • hereby holds harmless the U.S. Government and those acting on its behalf from any and all claims arising out of or in any way related to this authorization; and Beaumont • has authorized you to make the above certifications on its behalf. Signature: Name: Title: Entity: City: City of Beaumont, TX Beaumont County: Jefferson Page 3of3 Date: State: TX OOQA UM VBWONSUT3.2-7(31=9 Appendfx A Authorization to Conduct Continuous Scans of Public -Facing Networks and Systems Beaumont provides the following information to facilitate the authorized scanning activities: Beaumont Please provide a technical point of contact at for the NCCIC team to follow-up with: Name: Email: Phone: We recommend your organization create and use a distribution list email address to receive our reports. This allows your organization to manage the recipients of our report. We will only deliver reports to a single address. Distro email: Your report will be encrypted with a password which we will provide to you. How would you like this password delivered (select one)? Phone (tech POC) Text/SMS Call, leave voicemail ® Call, but don't leave a voicemail ( Email Tech POC ® Distro POC OOCOMENT VERSION SLTT3.2-7/3/2018 When should scans begin? (e.g., "as soon as possible:, or "time, Eastern @ mm/dd/yyyy") Identification of Your Public -Facing Networks and Systems: Enter your organization's public IPv4 addresses in CIDR notation to be scanned: IL E TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: September 11, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute all documents necessary, specifically a Memorandum of Understanding, with the Office of the Attorney General 'of Texas Internet Crimes Against Children Task Force. BACKGROUND The Internet Crimes Against Children (ICAC) Task Force was created to help State and Local Law enforcement agencies enhance their investigative response to offenders who use the internet, online communication systems, or other computer technology to sexually exploit children. The program is currently composed of regional Task Force agencies funded by the United States Office of Juvenile Justice and Delinquency Prevention. The Training and Technical Assistance Program was established to assist these agencies with training and technical assistance in support of their Internet Crimes Against Children initiatives. Signing this Memorandum of Understanding with the Texas Attorney General's office, would continue to make ICAC resources, contracts and training available to our department. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute all documents necessary, specifically a Memorandum of Understanding, with the Office of the Attorney General of Texas for the Internet Crimes Against Children (ICAC) Task Force to provide training and technical assistance in support of their Internet Crimes Against Children initiatives. Said Memorandum of Understanding is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of September, 2018. - Mayor Becky Ames - D=86n Envelope R OFOFCOC3-1ABB-4C5D-94DE-OAAB07B13CDO Memorandum of Understanding 1991462-01 OAG Contract No. This Memorandum of Understanding ("MOU") is executed between the Parties identified below, for certain Internet Crimes Against Children ("ICAC") Task Force activities. The Parties may be referred to in this contract individually as "Party" or collectively as "Parties." Section I Parties Beaumont Police Department ("Department") The Office of the Attorney General of Texas ("OAG") Section 2 Mission of the OAG The ICAC Task Force Program, created by the United- States Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, ("OJJDP"), is a national network of state and local law enforcement cybercrime units tasked with combating technology -facilitated child exploitation. These tusk forces work collaboratively as a national network of law enforcement and prosecutorial agencies that prevent, interdict, investigate and prosecute ICAC activities. The ICAC program requires existing task forces to develop multi - jurisdictional, multi -agency responses to such offenses by providing funding and other support to state and local law enforcement agencies as a means to help them acquire the necessary knowledge, personnel, and equipment. This help encompasses investigative and forensic components, training and technical assistance, victim services, and community education. The OAG is designated by the OJJDP as the Regional Contact for the "Texas, Southern ICAC Task Force." The OAG is a recipient of an OJJDP ICAC grant. The OAG utilizes the ICAC grant funds to administer and operate an ICAC Task Force. The mission of the OAG's ICAC Task Force is to; (1) properly investigate and prosecute those who sexually exploit children through the use of the Internet and/or computers; (2) provide training and equipment to those involved in investigating and prosecuting Internet crimes against children, and (3) provide community education regarding the prevention of Internet crimes against children. Section 3 Term of MOU This MOU shall be effective on September 30, 2021 September 1, 2018 and will continue in effect until Section 4 Purpose of the MOU The purpose of this MOU is to formalize the working relationship between the OAG and the Department. This MOU delineates the responsibilities and expectations of the Parties. By signing this MOU, the Department agrees to join the OAG ICAC Task Force for the primary ICAC MOU Page 1 of 4 EXHIBIT "A" DocuSlon Envelope ID: oFOFCOC3-1A8B-4C5D-94DE-OAAB07B13CDO purpose of vigorously and properly performing ICAC investigations. By joining the OAG ICAC Task Force, the Department will benefit fi'om joint operations and extensive training opportunities, By entering into this MOU, the OAG will benefit from the investigative support by the Department. This MOU cancels and replaces any prior existing ICAC Task Force MOU between the Parties. Section S Investigations All ICAC investigations will be conducted only by sworn law enforcement investigators and in a spirit of cooperation with other OAG ICAC Task Force members, Investigations will follow guidelines established by each Party's respective policy manual or guidelines, However, ICAC investigations shall also be governed by the national ICAC program's Operational and Investigative Standards. Violation of the ICAC operational standards is cause for termination of this MOU. This MOU is not intended to infringe on the ongoing investigations of any other agency, It is agreed that unilateral acts on the part of employees involved in ICAC Task Force investigations are not in the best interest of the Task Force. Section 6 Department's Duties and Responsibilities The Department will ensure the following activities: A. Only sworn Department law enforcement personnel will conduct undercover ICAC investigations. Each investigator involved with undercover operations must receive ICAC training prior to initiating proactive investigations and shall submit reports of all undercover activity to the OAG. B. Conduct reactive investigations where subjects are associated with the Department's jurisdiction, including investigations of child pornography, CYBERTIP referrals from the National Center for Missing and Exploited Children, Internet Service Provider and law enforcement referrals, and other ICAC -related investigations, Additional case initiations may develop from subject interviews, documented public sources, direct observations of suspicious behavior, public complaints, or other appropriate sources. C. Record and document all undercover online activity. Any deviations from this policy due to unusual circumstances shall be documented in the relevant case file and reviewed by the ICAC Task Force Program Manager. D. Provide agents assigned to the ICAC Task Force access to all ICAC investigative files including, without limitation, computer records, in order to ensure compliance with all national ICAC standards. E. Locate its ICAC investigators in secured space provided by the Department with controlled access to all equipment, software, and investigative files. At a minimum, ICAC MOU Page 2 of 4 DoeuSiDn Envelope ID: OFOFCDC3-1A8B-4C5D-94DE-OAAS07B13CDO information should be maintained in locked cabinets and under control of the Department ICAC Task Force personnel, with restricted access to authorized personnel only. F. Conduct education and prevention programs to foster awareness and provide practical, relevant guidance to children, parents, educators, librarians, the business and law enforcement communities, and other individuals concerned about Internet child safety issues. Presenters shall not discuss ongoing investigative techniques and -undercover operations utilized by the ICAC Task Force. Section 7 Supervision; Compliance with Regulatory and Licensing Bodies The Department will be responsible for the day-to-day operational supervision, administrative control, and personal and professional conduct of its officers and agents assigned to the Task Force. ICAC investigations are a cooperative effort and investigative decisions will be a joint process guided by ICAC standards. The Department agrees that it has obtained all licenses, certifications, permits and authorizations necessary to perform the responsibilities of this MOU. The Department agrees to comply with all applicable licenses, legal certifications, inspections, and any other applicable local ordinance, state, or federal laws. Section 8 No Employment Relationship with the OAG; Liability The Department expressly agrees that there is no employment relationship between the Department and the OAG. Under no circumstances shall any owners, incorporators, officers, directors, employees, or volunteers of the Department be considered an employee, agent, servant, or partner of, or part of any joint venture or joint enterprise with, the OAG. . To the extent allowed by law, the Department is responsible for all types of claims whatsoever due to their own actions or performance under this MOU, including, but not limited to, the use of automobiles (or other transportation), taken by its owners, incorporators, officers, directors, employees, volunteers or any third parties. Section: 9 Reporting Statistics Using the reporting form provided by the OAG, the Department shall submit monthly statistics to the OAG on all ICAC investigations or other investigative work pertaining to the sexual exploitation of children via the Internet. These statistics shall be submitted in the appropriate format by the tenth (10th) calendar day of each month, and shall include data on all related investigations opened or closed during the month, as well as forensic examinations, technical/investigative assistance provided to other agencies, subpoenas and court orders issued, training hours attended and taught, and community outreach provided. In addition, the Department shall provide detail reporting on the basic case data for each sexual exploitation of a minor (child pornography) case, and/or criminal solicitation of a minor (enticement/traveler) case investigated by the Department. The OAG will then be. responsible for all required reporting to OJJDP. ICAC MOU Page 3 of 4 DocuSign Envelope ID; OFOFCOC3-1A8B-4C5D-94DE-OAAB07B13CDO Section 10 Training The Department shall make investigators designated as ICAC Task Force members available for applicable specialized training provided through the national ICAC program and other appropriate training programs. The Department will support the on-going training needs of its investigators to maintain their competency and currency. Section 11 Confidentiality It is understood that any confidential information pertaining to ICAC investigations will be held in the strictest confidence, and will only be shared with participating OAG ICAC Task Force members or other law enforcement agencies where necessary or as otherwise permitted by federal and/or state law. Section 12 Termination of MOU Either Party, at its sole discretion, may terminate this MOU for convenience upon written notice to the other Party at least thirty (30) calendar days in advance of the effective date of such termination. The OAG may terminate this MOU for cause for the following reasons that include, but are not limited to, failure of Department to accept and/or investigate cyber tips, failure of Department to report statistics to the OAG, failure of Department to adhere to national ICAC program's Operational and Investigative Standards, or failure of Department to exercise reasonable efforts to support the on-going training needs of its investigators to maintain their competency and currency, Section 13 Signatures The Parties stipulate and agree that the signatories hereto are signing, executing and performing this MOU only in their official capacity. Office of the Attorney General Attorney General or designee Authorized Official ICAC MOU Page 4 of 4 Certificate Of Completion Envelope Id:OFOFCOC3lA8B4C5D94DEOAA807B13CDO Subject: ICAC MOU - Beaumont Police Department, OAG Contract no. 1991462 Template ID: Source Envelope: Document Pages: 6 Signatures: 0 Certificate Pages: 7 Initials: 0 AutoNav: Enabled Enveiopeld Stamping: Enabled Time Zone: (UTC -06:00) Central Tlme (US & Canada) Record Tracking Status: Original 8/23/2018 1:53:03 PM Signer Events Michael Neill michael.neili@oag,texas.gov Office of the Attorney General of Texas Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Trey Morales trey.morales@oag.texas.gov Office of the Attorney General of Texas Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Cody Smirl cody.smirl@oag.texes,gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 8/23/2018 2:22:20 PM ID: 0706be99-edae-4368-b8df-fa4Mf6cl c72 Michael Nell] Mlchael.Neill@oag.texas.gov Office of the Attorney General of Texas Signing Group: Financial Litigation - FLD Attorney Review Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Det Jeff Curt leffrey.eud@beaumonttexas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 8/24/2018 8:25:43 AM ID:85eae4aa-cd14-46a0-b8ad-a561al2d54c1 Holder. Michael Neill M!Gheol.Neill@oag.texas.gov Signature Completed Using IP Address: 204.64.50.216 Completed Using IP Address: 204.64.50.212 Completed Using iP Address: 72.182.96.254 Signed using mobile Completed Using IP Address: 204.64.50.216 Status: Sent Envelope Originator: Michael Neill PO Box 12548 Austin, TX 78711-2548 Michael. Nelil@oag.texas.gov IP Address: 204.64.50.216 Location: DocuSign Timestarnp Sent: 8123120181:55:19 PM Viewed: 8/23/2018 1:55:27 PM Signed: 8123/2018 1:55:40 PM Sent: 8/23/2018 1:55:20 PM Viewed: 8/23/2018 1:56:24 PM Signed: 8/23/2018 1:56:29 PM Sent: 8/23120181:56:31 PM Viewed: 8/23/2018 2:22:20 PM Signed: 8/23/2018 2:22:25 PM Sent: 8/23/2018 2:22:26 PM Viewed: 8/23/2018 4:18:58 PM Signed: 8/23/2018 4:19:09 PM Sent: 8/23/2018 4:19:11 PM Viewed: 8/24/2018 8:25:44 AM Dac"5- a 55 9RAI) Signer Events Signature Rob Schneider Completed Rob. Schnelder@oag.texas.gov Office of the Attorney General of Texas Signing Group: Division Chief, Financial Litigation Using IP Address: 204.64,50.216 and Charitable Trust Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSlgn Asst. Chief Jim Clay ]im.clay@beaumonttexas.gcv Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSlgn David Maxwell david.maxwel(@oag.texas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Editor Delivery Events Status Agent Delivery Events Status Intermediary Delivery Events Status Certified Delivery Events Status Carbon Copy Events FLDContracts FLDContracts@oag,texas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 8/23/2018 4:31:32 PM ID:78c3f895-cl6d-4250-bde6-d04a8bc78785 Jo Anne Osborn JoAnne.Osbc)m@oag.texas.gov Security Level: Emall, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSlgn Jessica Bazan Jessice.Bazan@oag.texas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSlgn. Status cops Timestamp Sent: 8/23/2018 4:19;11 PM viewed: 8/24/2018 6;52:22 AM Signed: 8/24/2018 6;52;22 AM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Sent: 8123/2018 1:56:31 PM Carbon Copy Events Status Captain Kasey Keahey kasey.keahey@oag.texas.gov Security level: Emall, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docu*n Notary Events Signature' Envelope Summary Events Status Envelope Sent HashedlEncrypted Payment Events Status Electronic Record and Signature Disclosure Timestamp Timestamp Timestamps. 8/23/2018 4:19:11 PM Timestamps Electronic Record and Signature Disclosure created on: 4/1/2018 4:34:18 PM Parties agreed to: Cody Smid, Det. Jeff Curl, PLDContracts CONSUMER DISCLOSURE From time to time, Office of the Attorney General (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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BEAUMONT TEXAS TO: FROM: PREPARED BY: MEETING DATE: City Council Kyle Hayes, City Manager Dean Conwell, Executive Director September 11, 2018 F REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute all documents necessary for the Beaumont Convention and Visitors Bureau to apply for and accept grant funds from the Jefferson County Tourism Commission. BACKGROUND The Beaumont Convention and Visitors Bureau would like to apply for grant funds in the amount of $13,000 to help pay for the purchase of two kiosks as well as educational and directional signage to be used throughout the Cattail Marsh wetlands. FUNDING SOURCE Jefferson County Hotel Occupancy Tax Funds. Beaumont CVB paying an estimated $14,215.85. RECOMMENDATION Approval of the resolution. The estimated total cost is $27,215.85, with the RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized execute all documents necessary for the Beaumont Convention and Visitors Bureau to apply for and receive funding through Jefferson County Tourism Commission for a Grant in the amount of $13,000.00 for the purchase of two kiosks as well as educational and directional signage throughout Cattail Marsh. 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 11th day of September, 2018. - Mayor Becky Ames - TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 11, 2018 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-5/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a resolution authorizing the City Manager to execute a Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the Eleventh Street Resurfacing Project 2. Consider a resolution approving the write-off of uncollectible delinquent accounts 3. Consider a resolution authorizing the City Manager to execute a contract with Excavation and Construction, LLC of Port Arthur for the re -installation of brick pavers 4. Consider a resolution authorizing the City Manager to execute a contract with Neon Electric Corporation, of Houston for the City of Beaumont Bus Shelters at Various Locations Project -Phase H (Re -Bid) 5. Consider amending Section 4. 10.001 of the Code of Ordinances related to Animal Care fees PUBLIC HEARING * Receive comments on the 2018 (FY 2019) proposed tax rate WORK SESSIONS Review and discuss the City's Weed Abatement Program Review and discuss the status of the work program for 2435 Long St. COMMENTS * Public Comment (Persons are limited to 3 minutes) Councilmembers/City Manager comment on various matters Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. 1 September 11, 2018 Consider a resolution authorizing the City Manager to execute a Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the Eleventh Street Resurfacing Project BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E. Public Works Director MEETING DATE: September 11, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a Local Transportation Project Advanced Funding Agreement (LPAFA) with the Texas Department of Transportation (TxDOT) for the Eleventh Street Resurfacing Project. BACKGROUND On August 30, 2005, by Resolution No. 05-184, City Council authorized the City Manager to execute a Master Advance Funding Agreement with TxDOT. The Master Advance Funding Agreement provides the general contract language for any project between the City and TxDOT that involves federal funding. Specific language dealing with each individual project is included in Local Project Advanced Funding Agreements (LPAFA). The scope of work for this LPAFA is described as resurfacing Eleventh Street from Delaware Street south to IH -10. The proposed work as indicated in Attachment B —Project Location Map, will include milling of the existing roadway surface; an Asphaltic Concrete Pavement (ACP) overlay; widening to add 5' shoulders, and the construction of approximately 650 -linear feet of sidewalk. FUNDING SOURCE The maximum Federal participation in the $1,349,234 project is $1,001,475, with $72,370 State participation and $275,389 City participation. The City's portion will be paid for out of the Street Rehabilitation Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 05-184 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he Is hereby authorized to execute a Master Advance Funding Agreement with the Texas Department of Transportation (TxDOT). The contract is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of August, 2005. - Mayor Guy N. Goodson - STATE OF TEXAS §ORIGINAL COUNTY OF TRAVIS- § MASTER AGREEMENT GOVERNING LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENTS THIS MASTER AGREEMENT (MAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation hereinafter called the "State", and the City of Beaumont, Texas, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, the Intermodal' Surface Transportation and Efficiency Act of 1991 (ISTEA) and the Transportation Equity Act for the 215` Century (TEA -21) codified under Title 23 U.S.C. Section 101 et seq., authorize transportation programs to meet the challenges of protecting and enhancing communities and the natural environment and advancing the nation's economic growth and competitiveness; and WHEREAS, ISTEA and TEA -21 establish federally funded programs for transportation improvements to implement its public purposes; and WHEREAS; Title 23 U.S.C. Section 134 requires that Metropolitan Planning Organizations and the States' Transportation Agencies to develop transportation plans and programs for urbanized areas of the State; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the .State shall design, construct and operate a system of highways in cooperation with local governments; and WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds; and WHEREAS, the,governing terms of this Master Agreement will provide for efficient and effective contract administration of the types of Local Project Advance Funding Agreements (LPAFA) listed in Attachment A; and, WHEREAS, the Texas Government Code, Section 441.189 allows any state record to be created or stored electronically in accordance with standards and propedures adopted as administrative rules of the Texas State Library and Archives Commission; and WHEREAS, the Governing Body of the Local Government has. approved entering into this Master Agreement by resolution or ordinance, which is attached hereto and made a part of this Master Agreement as Attachment B. NOW, THEREFORE, inconsideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter 'set forth, it is agreed as follows: AGREEMENT 1. Period of the Agreements This Master Agreement and the Local Project Advance Funding Agreements (LPAFAs) subject to this Master Agreement become effective when signed by the last party whose signing makes the Page 1 of 12 respective agreements fully executed. This Master Agreement shall remain in effect until terminated as provided in Article 2. 2. Termination of this Master Agreement This agreement may be terminated by any of. the following conditions: a. 'by mutual written `consent and agreement of all parties. b. by any party with .90 days written notice. If this Master Agreement is terminated under this clause, all existing, fully executed LPAFAs made under this_ Master Agreement. shall automatically incorporate'all the provisions of this Master Agreement. c. by either party, upon the failure of the other party to fulf.11.the obligations as set forth in this Master Agreement. 3. Termination of the local Project Advance Funding Agreement (LPAFA) An LPAFA shall remain in effect until the project is completed and accepted by all parties, unless: A., the agreement_ is terminated In. writing with the mutual consent of the parties, or; b. because 'of- a breach of this Master Agreement or a breach of the Local Project Advance Funding Agreement. Any cost incurred due to a breach of contract shall be paid by the breaching party. c_ . After the PS&E the local government may elect not to provide the funding and the project does. not proceed because of insufficient funds; the local government agrees to reimburse the State for its reasonable actual costs incurred during the project. d. Conditions for termination as specified in the LPAFA are fulfilled; 4. Amendments. a. Amendment of this .Master Agreement by Notice with Mutual Consent: The State may notify the. Local Government of changes in.this Master Agreement resulting from changes In federal 'or state laws or rules or regulations and these changes in the Master Agreement shall be incorporated into this agreement unless .the State is notified by the Local Government within 60 days. . From time to time, the State may 'issue numbered restatements of this MAFA to wholly reflect its amendments. b. This Master Agreement may be amended due to changes in the agreement or the responsibilities of the parties. .,Such amendment must be made through a mutually agreed upon, written amendrnant that is executed by the parties. C. The notice of amendment and the amendment to this Master Agreement may be in an electronie form to the extent permitted by law and after a prior written consent of the parties to this agreement is made. d. Amendments to the LPAFAs due to changes in the character of the work or terms of the agreement, or responsibilities of the parties relating to a specific -project governed under this Master Agreement may be enacted through a mutually agreed upon, written amendment to the LPAFA. 5. Remedies This agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remediesyexisting at Jaw and in equity may be availed of by either party to this agreement and shall be cumulative. 6. Utilities If the required, right of way encroaches upon existing utilities and .the proposed project requires their- adjustment, removal, or relocation, the Local Government will be responsible for determining the scope of utility work and notify the appropriate utility company to schedule adjustments, unlesb specified `otherwise in a specific LPAFA under other provisions of this. MAFA: The Local Government shall be responsible for the adjustment, removal or relocation of utility facilities in accordance with applicable State laws, regulations, ' rules, policies and procedures. Page 2 of 12 This includes, but is. not limited to: 43 TAC §15.55 relating to Construction Cost Participation; 43 TAG §21.21 relating to State Participation in Relocation, Adjustment; and/or Removal of Utilities; and, 43 TAC§ 21.31 et seq. relating to Utility Accommodation. The Local Government, will be responsible for ail costs associated with additional adjustment, removal, or relocation during the construction of .the project, unless this work is provided by the owners of the utility facilities: a-. per agreement;, b. per all applicable statutes or rules, or; c. as specified -otherwise`in a LPAFA. Prior to letting a. construction contract for a local 'project, a 41:1111Y certification must be made available to the State upon request stating that all utilities needing to be adjusted for completion of the construction activity have been adjusted. 7. Environmental Assessment and Mitigation Development of.a local transportation project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal -aid projects. a. The Local Government is responsible for the identification and assessment of -any environmental problems associated with the development. of a local project governed by this Agreement; unless provided for otherwise in the specific project. agreement. b. The °Local Government is responsible for the cost of any environmental problem's mitigation and remediation, unless provided for otherwise in the specific project agreement. C. The Local Government is .responsible for providing any public meetings or public hearings required for development of the environmental assessment, unless provided for otherwise in the specific project agreement. d. The Local : Government shall provide the State with written certification from appropriate regulatory agency(ies) that identified environmental problems have been remediated, unless provided for otherwise in the specific -project agreement. 8. Compliance with Texas Accessibility Standards and ADA All parties to this agreement shall ensure that the plans for and the construction of all projects subject to this Master Agreement are in compliance with the Texas Accessibility Standards (TAS) issued by the ,Texas Department of Licensing and Regulation, under the Architectural. Barriers Act, Article 9102,.Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P. L. 101-336);,(ADA). 9.Architectural and Engineering Services Any party to this contract --may have responsibility for effecting the performance of architectural and engineering services. Or, the parties may agree to be individually responsible for portions of this work., The' LPAFA shall define the party responsible for performance of this work. The engineering -plans shall be developed in accordance with the applicable State's Standard Specifications, for Construction and Maintenance of Highways, Streets and Bridges, and the special specifications and special provisions related thereto, unless spegifically stated otherwise in the LPAFA and approved by the State. In procuringprofessional services, the parties to this agreement must comply with federal requirements cited in 23 CFR Part 172 if the project Is federally funded and with Texas Government Code 2254, Subchapter A,: in all cases. Professional $ervlces contracts for federally funded projects must conform to federal requirements, specifically including the provision for participation by Disadvantaged Business Enterprises (DBEs), ADA, and environmental matters. Page 3 of 1.2 10.Construction Responsibilities a. Unless specifically provided for otherwise in the LPAFA, the State shall advertise for construction bids, issue bid proposals, receives and tabulate the bids and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders, which may become necessary subsequent to the award of the construction contract. in order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. b. All contract letting and award procedures must be approved by the State prior to letting and award of the construction contract, whether the construction contract is awarded by the State or by the Local Government. c. All contract change order review and approval procedures must be approved by the State prior to start of construction. d. Upon completion of the Project, the parry constructing the project will issue and sign a "Notification of Completion" acknowledging the Project's construction completion. e. For federally funded contracts, the parties to this agreement will comply with federal construction requirements cited in 2,3 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form "FHWA-1273" in the contract bidding documents. If force account work will. be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR 635, Part B. 11. Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads after completion of the work and the State shall be responsible for maintenance of state highway system after completion of the work if the work was on the state highway system, unless otherwise provided for in the LPAFA or other prior existing maintenance agreement with the Local Government. 12. Local Project Sources and Uses of Funds a. The total estimated cost of the Project will be clearly stated in the local project agreement. The expected cash contributions from the federal, state, Local Governments or other parties will be clearly stated. The State will pay for only those project costs that have peen approved by the Texas Transportation Commission. b. A project cost estimate showing the estimated contributions in kind or in cash for each major area of the local project will be provided in the LPAFA. This project cost estimate will show how necessary resources for completing the project will be provided by major cost categories. These pategories include but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other local project costs. c. The State will be responsible for securing the Federal and State share of the funding required for the development and construction of the local project. Federal share of the project will be reimbursed to the local government on a cost basis. d. The Local Government will be responsible for all non-federal or non -State participation costs associated with the Project, including any overruns in excess of the approved local project budget, unless otherwise prgvided for in the LPAFA. e. Following execution of the LPAFA, but prior to the performance of any review work by the State, the Local Government will remit a check or warrant made payable to the `Texas Department of Transportation " in'the amount specified in the LPAFA. The Local Government Will pay at a minimum its funding share for the estimated cost of preliminary engineering for the project, unless otherwise provided for in the LPAFA. Page 4 of 12 f. Sixty (60) days prior to the date- set for receipt of the construction bids, the Local -Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs, unless otherwise provided for in the LPAFA. g. In the event the State determines that additional funding is required by the Local Government at anytime during the Project, the State will notify the Local Govemmentin writing. The Local Government -will make payment to the State within thirty (30) days from receipt of the State's written notification, unless otherwise provided for in the LPAFA. h. Upon completion of the Project, the State will ,perform an audit of the local project costs. Any funds due to the Local Government, the State, or the Federal government will be promptly paid by the owing party. i. The State will not pay interest on any funds provided by the Local Government., j. If a waiver has been granted, the State will not charge the Local Government for the indirect costs the State incurs on the local project, unless this agreement is terminated at the request of the Local Government prior to completion of the project. k. If the local project has been approved for a "fixed price" or an "incremental payment" non- standard funding or payment arrangement under 43 TAC §15.62, the LPAFA will clearly state. the amount of the fixed price or the incremental payment schedule. I. The Texas Comptroller of Public Accounts has determined that certain counties qualify as Economically Disadvantaged Counties in comparison to other counties -in the state as below average per capita property value, and below average per capita income, and above average unemployment, for certain years. The LPAFA will reflect adjustments to the standard financing arrangement based on this designation. m. The -State will not execute the contract for the construction of a local project until the required funding has been made available by the Local Government in accordance with the LPAFA. 13. Right of Way and Real Property The Local Government is responsible for the provision and acquisition of any needed right of way or real property, unless the State agrees to participate in the provision of' right of way under the procedures described herein as parts A and B of this provision. Title to right of way and other related .real property must be acceptable to the State before funds may be expended for the improvement of the right of way or real property. If the Local Government Is the owner of any part of a project site under an LPAFA, the Local Government shall permit the State or its authorized representative access to occupy the site to perform all activities required to execute the work under the LPAFA. All parties to this agreement will comply with and assume the costs for compliance with all the requirements of Title it and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601 et seq., including those provisions relating to incidental expenses incurred by the property owners in conveying the real property to the Local Government, and benefits applicable to the relocation of any displaced person as defined in 49 CFR Section 24.2(g). Documentation to support such compliance must be maintained and made available to the State and its representatives for review and inspection. If the local govemment purchases right of way for a local government street, title will be acggired in the name of the local government in accordance with applicable laws unless -specifically stated otherwise in the LPAFA and approved by the State. If the State participates processes .established in specified in the LPAFA. in the purchase of right of way for the state, it will be under the the following paragraphs A or B, and the selected option shall be Page 5 of 12 A. Purchase By the State for the State The State.'will assume responsibility: for acquisition of all necessary right of way for the highway project. The Local Government will voluntarily contribute to the State,furids equal .to ten (10) percent of the cost of the right of way for the proper development and construction of the state highway system and shall transmit to the State a Warrantor check; payable to the Texas Department of Transportation when notified by the State of the estimated cost of the right of way. If the amount is fourid insufficient to pay the Local Government's obligation, then the Local Govemment, upon request of the State, will supplement this amount in such amount as requested by the State. Upon completion of the highway project and in the event the total amount paid by the Local Government is more than ten (10) percent of the actual cost of the right of way,: any excess amount will be returned to the Local Government. Cost of the right of way bythe State shall mean the.total value of compensation paid to owners, including but not limited to utility owners, far their property interests either through negotiatiorls or eminent domain proceedings. B. Purchase by the Local Government for the State Purchase: Right of way purchases shall be a joint effort of the State and the Local Government. Acquisition of right of way shall be in accordance with the terms of this agreement and in accordance with applicable Federal and State laws ;governing the acquisition policies for acquiring real property. The State agrees to, reimburse the Local Government for its share of the cost of such right of way providing acquisition when it has been authorized to proceed by the .State. Location Surveys and Preparation of Right -of Way Data: The State, without cost to the Local Government, will do the necessary preliminary engineering and title investigation in .order to supply to the Local Government the data and instruments necessary to obtain acceptable title to the desired right of way. Determination of Right of I Way Values: The Local Govemment agrees to make a determination of property values for each right of way parcel by.methods acceptable to the Local Government and to submit to the State's District Office a tabulation of the values so determined, signed by -the appropriate Local Government representative. Such tabulations shall list the parcel numbers, ownership, acreage and recommended compensation. Compensation shall be shown in the component parts of land acquired, itemization of improvements acquired, damages (if any), and the amounts by which the total compensation will be reduced if' the owner retains improvements. This tabulation shall be accompanied -by an explanation, to support the determined values, together with a copy of information or reports used in- arriving at . all determined values: Such work will be performed by the Local Government at its expense without cost participation by the State. The State will review the data submitted and may base its reimbursement on the values which are determined 'by this review. The State, however, reserves the right to perform at its own expense any additional investigation deemed necessary, including supplemental appraisal work by State employees or by employment of fee appraisers, all as .may be necessary for determination of values to constitute the basis for State reimbursement. if at any stage of.the project development it is determined by mutual -agreement between the State. and Local Government that the requirement for the Local Government to -submit to the State .property value determinations for any. part of the required right .of way should be waived, the Local Government ,will make appropriate .written notice to the` State of such waiver, such notice to be acknowledged in writing by. the State. In instances of such waiver, the State by its. due processes and at its ownexpense will make a determination of values to constitute the basis for State reimbursement. Page .6 of 12 Negotiations: The State will notify the Local Government as soon as possible as to the State's determination of value. Negotiation and settlement with the property owner will be the responsibility of the Local Government without participation by the State; however, the Local Government will notify the State immediately prior to closing the transaction so that a current title investigation may be made to determine if there has been any change in the title. The Local Government will deliver properly executed instruments of conveyance which together with any curative instruments found to be necessary as a result of the State's title investigation will be properly vest title in the State for each right of way parcel involved. The costs incidental to negotiation and the costs of recording the right of way instruments will be the responsibility of the Local Government. The cost of title investigation will be the responsibility of the State. Condemnation: Condemnation proceedings will be initiated at a time selected by the Local Government and will be the Local Government's responsibility at its own expense except as hereinafter indicated. The Local Government will obtain from the State without cost current title information and engineering data at the time condemnation are to be indicated. Except as hereinafter set forth the Local Government will concurrently file condemnation proceedings and a notice of lis pendens for each case in the name of the State, and in each'case so filed the judgment of the court Will. decree title to the property condemned to the State. The Local Government may, as set forth herein under "Excess Takings" and where it is determined to be necessary, enter condemnation proceedings in its own name. Property acquired in the Local Government's name for the State must comply with requirements set forth in the engineering data and title investigation previously furnished to the Local Government by the State at such time as the Local Government conveys said property to the State. Court Costs, Costs' of Special Commissioners' Hearings and Appraisal Expense: Court costs and costs of Special Commissioners' hearings assessed against the State or Local Government in condemnation proceedings conducted on behalf of the State and fees incident thereto will be paid by the Local Government. Such costs and fees, with the exception of recording fees, will be eligible for ninety (90) percent State reimbursement under the established reimbursement procedure provided such costs and fees are eligible for payment by the State under existing law. Where the Local Government uses the State's appraisers employed on a fee basis in Special Commissioners' hearings or subsequent appeals, the cost of the appraiser for updating the report, for preparing new reports, preparing for court testimony and appearing in court to testify in support of the appraisal will be paid direct by the Local Government, but will be eligible for ninety (90) percent State reimbursement under established procedure provided prior approval for such appraiser has been obtained from the State. The fee paid the appraiser by the Local Government shall be in accordance with the fee schedule set forth in the appraiser's contract for appraisal services with the State. Excess Takings: In the event the Local Government desires to acquire Jand in excess of that requested by the State for right of way purposes, the State's cost participation will be limited to the property needed for its purposes. If the Local Government elects to acquire the entire property, including the excess taking, by a single instrument of conveyance or in one eminent domain proceeding, the property involved will be acquired in the name of the Local Government and that portion requested by the State for right of way will be separately conveyed to the State by the Local Government, When acquired by nebotiation, the State's participation will be based on the State's approved value of that part of the property requested for right of way purposes, provided that such approved value does not exceed actual payment made by the Local Government. When acquired by condemnation, the State's participation will be in the proportionate part of the final judgment amount Page 7 of 12 computed on the basis of the relationship, of the State's approved value to the State's predetermined value for the whole property. Improvements: Property owners will be afforded an opportunity in the negotiations to retain any or all of their improvements in the right -of way taking. In anticipation of the owner desiring to retain improvements, the State's approved value will include the amounts by which the upper limit of State participation will be reduced for the retention. It is further agreed that the upper limit for the State's participation In the Local Government's cost for an Improved parcel will be reduced as shown in the State's approved value where the owner retains an improvement which is to be moved by either the Local Government or the owner. In the event improvements, which are, in whole or part, a .part of the right of way taking are not retained by the owner; title is to be secured in the name of the State. The State will participate in the acquisition of a structure severed by the right of way line if the part of the house, building or similar structure which lies outside the right of way cannot be reconstructed adequately or there is nothing but salvage left, provided that the State's value is established on this basis and provided that title to the entire structure is .taken in the name of the State. The State shall dispose of all improvements acquired. The net revenue derived by the State from the disposition of any improvements sold through the General Services Commission will be credited to the cost of the right of way procured and shared with the Local Government. Relocation of Utilities on Acquired State Right of Way: if the required right of way encroaches upon an existing utility located on its own right of way and the proposed highway construction requires the adjustment, removal or relocation of the utility facility, the State will establish the necessity for the utility work. State participation in the cost of making the necessary change, less any resulting increase in the value to the utility and less any salvage value obtainable, may be obtained by either the "actual cost" or "lump sum" procedures. Reimbursement under "actual cast" will be made subsequent to the Local Government's certification that the work has been completed and will be made in an amount equal to ninety (90) percent of the eligible items of cost as paid to the utility owner. The "lump sum" procedure requires that the State establishes the eligibility of the utility work and enters into a three -party agreement, with the owners of the utility facilities and the Local Government, which sets forth the exact lump sum amount of reimbursement, based on a prior appraisal. The utility will be reimbursed by the Local Government after proper certification by the utility that the work has been done, said reimbursement to be the basis of the prior lump sum agreement. The State will reimburse the Local Government in an amount equal to ninety (90) percent of the firm commitment as paid to the utility owner. The foregoing is subject to the provision that the individual lump sum approved value shalt not exceed $20,000, except as specifically approved by the State. In those cases where a single operation is estimated to exceed $20,000 the transaction will be brought to the attention of the State for determination of proper handling based upon the circumstances involved. Such utility firm commitment will be an appropriate item of right of way. The adjustment, removal or relocation of any utility line on publicly owned right of way by sufferance or permit will not be eligible for State reimbursement. The term "utility" under this agreement shall include publicly, privately and cooperatively owned utilities. Fencing Requirements: The Local Government may either pay the property owner for existing right of way fences based on the value such fences contribute to the part taken and damages for an unfenced condition resulting from the right of way taking, in which case the estimated value of such right of way fences and such damages will be included in the recommended value and the approved value, or the Local Government may do the fencing on the property owner's remaining property. Page 8 of 12 Where 'the Local Government performs right of way fencing as a part of the total right .of way consideration, neither the value of existing right of .way fences nor damages for an unfenced condition will be included in the recommended value or the approved -value. State ppAcipation in the Local Government's cost of constructing right of way fencing on the property owner's remainder may be based on either the actual cost of the fencing or on a predetermined lump sum amount. The State will be given credit for any salvaged fencing material and will not participate in any overhead costs of the Local Government. If State participation is to be requested on the lump sum basis, the State and the Local Government will reach an agreement prior to the actual accomplishment of the work as to the necessity, eligibility and a firm commitment -as to the cost of the entire fencing work to be performed. The foregoing is subject to the provision that the lump sum_ , approved cost shall not exceed $20,000, except as specifically approved by the State. In the event the cost of'the fencing is estimated to exceed $20,000, the transaction will be brought to the attention of the State for determination of proper handling based upon the circumstances Involved. Reimbursement: The State will reimburse the Local Government for:right of way acquired after the date. of this agreement in amount not to exceed ninety (90)percent of the cost of the right of way acquired in .accordance with the terms and provisions of this agreement. The State's reimbursement will be in the amount of ninety (90) percent of the State's predetermined value of each parcel, or the net cost thereof, whichever is the lesser amount. If condemnation is necessary and title Is taken as set forth herein under the ;section entitled "Condemnation," the participation by the State shall be based on the final judgment, conditioned upon the State having been notified in writing prior to the filing of such suit and upon prompt notice being given as -to all action taken therein_ The State shall have ,the right to become -a party to the suit at any time for alf purposes, including the right of appeal at any stage of the proceedings. All other items of cost shalt be borne by the State_ and the Local Government as provided in other sections of this agreement. If a lump sum fencing or utility adjpstment agreement has been executed, the State will reimburse the Local Government in the amount of ninety (90) percent of the predetermined lump sum cost of the right of way fencing or utility adjustment. If the Local Government prefers not to execute a lump sum agreement for either fencing or utility adjustments, the State will reimburse on the actual cost of such fencing or adjustments. The Local Government's request for reimbursement will be supported by a breakdown of the labor., materials and equipment used. General:.11 is understood that the terms of this agreement shall apply to new right of way authorized and requested by the State -which is needed and not yet 'dedicated, in use or previously acquired in the name of the State or Local Government for highway, street or road purposes. This agreement shall also apply, with regard to -any existing right of way, to outstanding property interests not previously acquired and to eligible: utility adjustments not previously made, as authorized and requested by the State. It is further understood that if,unusual circumstances develop in the right of Way acquisition which are not clearly covered by the terms of this agreement, such unusual circumstances or problems will be resolved by mutuar agreement between the State and the Local Government. Page.9 of 12 14. Notices All notices to either party by the other required under this agreement shall be delivered personally o� sent by oertified or U.S, mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to'such party at the following addresses: Local Governments City of Beaumont Attn: City Manager P.O. Box 3827 Beaumont, Texas 77704-3827 State: Texas Department of Transportation Attn: District Engineer 8350 Eastex Freeway Beaumont, Texas 77708 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may. request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. 15. Legal Construction Incase one or more of the provisions contained in this agreement shall for, any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions and this agreement shalt be construed as if it did not contain the invalid, illegal or unenforceable provision. 16. Responsib[lities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 17. Ownership of Documents Upon completion or termination of this agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this agreement shall be made available to the State without restriction or limitation on .their further use. All documents produced or approved or otherwise created by the Local Government shall -be transmitted to the State in the form of photocopy reproduction on a monthly. basis as required by the State, The originals shall remain the property of the Local Government. 18. Compliance with Laws The parties shall comply with all Federal, State, and Local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any .manner affecting the performance- of this agreement. When required, the Local Government shall fumish the State with satisfactory proof of this compliance. 19: Sole Agreement This agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the agreement's subject matter. Page 10 of 12 20. Cost principles In order to be reimbursed,Wth federal funds, the parties shall comply with the Cost Principles established in OMB Circular A-87 that specify that all reimbursed costs are allowable, reasonable and allocable ao the Project. 21. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and with the property management standard established in Title 49 CFR §18.32. 22. Inspection oftooks and Records The parties to the agreement shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this agreement and shall make such materials available to the State, the Local Govemment, and, if federally funded, the. Federal Highway Administration (FHWA), and the U.S. Office of the Inspector General, or their -duly authorized representatives for review and inspection at its office during the contract .period and for four (4) years from the date of completion of work defined under this contract or until any impending litigation, or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that .are directly applicable to this agreement for the purpose of making audits, examinations; excerpts, and transcriptions. 23. Office of Management and Budget (OMB) Audit Requirements The parties shall comply with the requirements of the. Single Audit Act of 1984, P.L. 98-502, ensuring that4he single audit report includes the coverage stipulated in OMB Circular No. A-128 through August 31, 2000 and stipulated. in OMB Circular A-133 after August 31, 2000. 24. Civil Rights Compliance The Local Government shall comply with the regulations of the Department of Transportation as they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR §710.405(8)), and Executive Order 11246 titled "Equal Employment Opportunity," as amended. by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR:Part 60). 25. Disadvantaged Business Enterprise Program Requirements The parties 'shall comply with the . DisadvantagedlMinority 'Business Enterprise Program requirements established in 49 CFR Part 26. 26. 'Debarment Certifications The parties are prohibited from making any award at any tier to any party that,is debarred or suspended of otherwise excluded from or ineligible for participation In Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." The ,.pariies to this contract shall require any party to a subcontract or purchase order awarded under:this 'contract to certify its eligibility to receive Federal funds and, when requested by the -State, to' fumish a copy of the certification in accordance with Title 49 CFR Part 29 (Debarment and Suspension). 27. Lobbying Certification In executing this Master Agreement; thesignatories certify to the best of his or her knowledge and bellef, that: a. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any persoh,-for influencing or attempting to influence an .officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an 'employee of a Member of,Congress in connection .with the awarding of any federal contract, the making of any federal grant; the making of any federal loan, the entering into of any cooperative Page 11 of 12 agreement, and the extension, continuation,. renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. b, if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts; grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the federal Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c. The parties shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. By executing an LPAFA under this Master Agreement, the parties reaffirm this lobbying certification with respect .to the individual pro1ects and reaffirm this certification .of the material representation of facts upon which reliance will be made. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 28. Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT By: 1 t Name Title: )14^41 t,00, Date: -or THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the .purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: ce ullenix it ctor of Contract Services Section Office of General Counsel Texas Department of Transportation Date: Page 12 of, 12 ATTACHMENT A TYPES OF LPAFA FUNDING CATEGORIES UNDER THE MAFA Federal Cate orles Prefix Federal Categories Prefix Interstate Demonstration Projects Interstate . Interstate Maintenance Interstate 4R Discretiona Interstate Constr_ Discretiona I IM IDR ID Hi Prion Corridor on NHS Rural Access Projects innovative Projects (or) Intermodal Projects Con estion Corridor DPR DPR DPI DPM IVH/ITS Brill es High Priority Projects HP Bridge Repair/Rehab On- tem BR/BH Other National Hi hway System NH Surface Trans ortation'Pro ram Forest Highways FH Urban Mobile !Rehab STP -UM Areas <200,000 STATE CATEGORIES Enhancement STP -TE Metro Mobile /Rehab STP -MM Preventive Maintenance CPM Urban Mob(>it /Rehab Farm4o-Market/Farm4o-Market Rehab A/AR Urban & Rural Rehabilitation STP -R District Discretionary CD Rural Mobility Rehab STP -RM State Funded Rehab I C Rail -Hwy Crossing Protective Devices STP-RXP Park Road C Rail -Hwy Crossing Hazard Elimination STP-RXH State Funded Mobilfty C Railroad grade SepanaVions STP-RGS PASSIPASS Metro Match C Safety -Hazard Elimination STP -HES Traffic Signals, Signing & Pavement Markings C Miscellaneous C Congestion Mitigation & Air Quality CM Railroad Replanking CRX State,Funded Landscape VOL Donor State Bonus* CLM Any Area DB State Urban Street CUs Areas >200,000 DBM Areas <200,000 DBU Others per LPAFA exception Minimum Guarantee MG Off -System Bridges Program BROX "ISTEA Funding Categories — Not Re- established In TEA 21 Page 1 of 1 Attachment A ATTACHMENT B RESOLUTION NO. 05-184 BE IT RESOLVED BY THE CITY COUNCIL OF THE .CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Master Advance Funding Agreement with the Texas Department of Transportation (TxDOT). The contract is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes . PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of August; 2005. - Mayor Guy N. Goodson - RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Local Transportation Project Advanced Funding Agreement (LPAFA) with the Texas Department of Transportation (TxDOT) for the Eleventh Street Resurfacing Project. The Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of September, 2018. - Mayor Becky Ames - CSJ # 0920-38-260 District #20 - Beaumont Code Chart 64 # 03200 Project: 11th Street Resurfacing Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For a Supplemental Transportation Project SAFETEA-LU Off -System THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, called the "State", and the City of Beaumont, acting by and through its duly authorized officials, called the "Local Government." WITNESSETH WHEREAS, a Master Agreement between the Local Government and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA; and, WHEREAS, the Texas Transportation Commission passed Minute Order Number 115005 that provides for the development of, and funding for, the Project described herein; and, WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by resolution or ordinance dated , 20_, which is attached to and made a part of this agreement as Attachment A for the development of the Project. A map showing the Project location appears in Attachment B, which is attached to and made a part of this agreement. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. Period of the Agreement The period of this LPAFA is as stated in the Master Agreement, without exception. 2. Termination of this LPAFA Termination of this LPAFA shall be under the conditions as stated in the Master Agreement. This LPAFA may be terminated by the State if the Project is inactive for thirty-six (36) months or longer and no expenditures have been charged against federal funds. 3. Amendments Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. 4. Scope of Work The scope of work for this LPAFA is described as resurfacing 11 th Street in Beaumont from Delaware Street south to IH -10. The proposed work will include milling of the existing roadway AFA-LPAFA_ShortGen.doc Revised 11/20/2017 EXHIBIT "A" CSJ # 0920-38-260 District #20 - Beaumont Code Chart 64 # 03200 Project: 11th Street Resurfacing Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development surface, an ACP overlay of the roadway, widening to add shoulders, and the construction of sidewalk along 11 th Street. 5. Right of Way and Real Property Right of way and real property shall be the responsibility of the Local Government as stated in the Master Agreement, without exception. 6. Utilities Adjustment of utilities will be provided by the Local Government as required and as stated in the Master Agreement, without exception. 7. Environmental Assessment and Mitigation Environmental assessment and mitigation will be carried out as stated in the Master Agreement. Additionally, before the advertisement for bids, the Local Government shall provide to the State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 8. Compliance with Accessibility Standards All parties to this Agreement shall ensure that the plans for and the construction of all projects subject to this Agreement are in compliance with standards issued or approved by the Texas Department of Licensing and Regulation (TDLR) as meeting or consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA). 9. Architectural and Engineering Services Architectural and engineering services will be provided by the Local Government as stated in the Master Agreement. The Local Government is responsible for performance of any required architectural or preliminary engineering work. For projects on the state highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the state highway system, the design shall, at a minimum, conform to applicable American Association of State Highway and Transportation Officials design standards. The State may review and comment on the work as required to accomplish the public purposes of the State. The Local Government will cooperate fully with the State in accomplishing these local public purposes to the degree permitted by State and Federal law. 10. Construction Responsibilities Construction responsibilities will be carried out by the Local Government as stated in the Master Agreement. 11. Project Maintenance Project maintenance will be undertaken as provided for in the Master Agreement, without exception. 12. Local Project Sources and Uses of Funds A. A Project Budget Estimate is provided in Attachment C. The State and the Federal Government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated to the Project by the Federal Highway Administration. After federal funds have been obligated, the State will send to the Local AFA-LPAFA ShortGen.doc Page 2 of 10 Revised 11/20/2017 CSJ # 0920-38-260 District #20 - Beaumont Code Chart 64 # 03200 Project:. 11`h Street Resurfacing Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development Government a copy of the formal documentation showing the obligation of funds including federal award information. The Local Government is responsible for one hundred percent (100%) of the cost of any work performed under its direction or control before the Federal spending authority is formally obligated. B. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures and Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project. C. A Source of Funds estimate based on the Transportation Improvement Program (TIP) is also provided in Attachment C. Attachment C shows the percentage and estimated dollar amount to be contributed to the project by federal, state, and local sources. The parties agree that the LPAFA may be amended from time to time as required to meet the funding commitments based on revisions to the TIP, Federal Project Authorization and Agreement (FPAA), or other federal document. D. The Local Government is responsible for all non-federal and non -state funding, unless otherwise provided for in this agreement or through amendment of this agreement. Where Special Approval has been granted by the State, the Local Government shall only in that instance be responsible for overruns in excess of the amount to be paid by the Local Government. E. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering for the project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. F. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation." The check or warrant shall be deposited by the State and managed by the State. Funds may only be applied by the State to the Project. If after final Project accounting any excess funds remain, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government. G. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in.increased costs, then any increased costs associated with the ordinances or changes will be paid by the Local Government. The cost of providing right of way acquired by the State shall mean the total AFA-LPAFA_ShortGen.doc Page 3 of 10 Revised 11/20/2017 CSJ # 0920-38-260 District #20 - Beaumont Code Chart 64 # 03200 Project: 11th Street Resurfacing Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. H. When Special Approval has been granted by the State so that the Local Government bears the responsibility for paying cost overruns, the Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification of those amounts. I. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Any entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. J. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. K. The Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by the State no more frequently than monthly and no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred, and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. 13. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements, and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 14. Incorporation of Master Agreement Provisions This LPAFA incorporates all of the governing provisions of the Master Agreement in effect on the date of final execution of this LPAFA, unless an exception has been made in this agreement. 15. Insurance If this Agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. AFA-LPAFA_ShortGen.doc Page 4 of 10 Revised 11/20/2017 CSJ # 0920-38-260 District #20 - Beaumont Code Chart 64 # 03200 Project: 11th Street Resurfacing Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development 16. Debarment Certification The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this Agreement, the Local Government certifies that it and its principals are not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party, to include principals, that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal funds and, when requested by the State, to. furnish a copy of the certification. 17. Cost Principles and Office of Management and Budget (OMB) Audit Requirements In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in 2 CFR 200 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 18. Notices All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address: Local Government: City Manager City of Beaumont 801 Main Street Suite #300 Beaumont, TX 77701 State: Director of Contract Services Texas Department of Transportation 125 E. 11 Department Austin, Texas 78701 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. 19. Civil Rights Compliance A. Compliance with Regulations: The Local Government will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation (USDOT), the Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made part of this agreement. B. Nondiscrimination: The Local Government, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection AFA-LPAFA_ShortGen.doc Page 5 of 10 Revised 11/20/2017 CSJ # 0920-38-260 District #20 - Beaumont Code Chart 64 # 03200 Project: 11th Street Resurfacing Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development and retention of subcontractors, including procurement of materials and leases of equipment. The Local Government will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Includinq Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by the Local Government of the Local Government's obligations under this contract and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. D. Information and Reports: The Local Government will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information, the Local Government will so certify to the State or the Federal Highway Administration, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the Nondiscrimination provisions of this contract, the State will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: a. withholding of payments to,the Local Government under the contract until the Local Government complies and/or b. cancelling, terminating, or suspending of the contract, in whole or in part. F. Incorporation of Provisions: The Local Government will include the provisions of paragraphs (A) through (F) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Local Government will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Local Government becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, the Local Government may request the State to enter into such litigation to protect the interests of the State. In addition, the Local Government may request the United States to enter into such litigation to protect the interests of the United States. 20. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision-making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas AFA-LPAFA ShortGen.doc Page 6 of 10 Revised 11/20/2017 CSJ # 0920-38-260 District #20 - Beaumont Code Chart 64 # 03200 Project: 11th Street Resurfacing Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development Department of Transportation's Federally -Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address http://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou attachments.pdf. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT) -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT -assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub -contractor) must include the following assurance: The contractor, sub -recipient, or sub -contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 21. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this Agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http://www.gpo.gov/fdsys/pkq/FR-2010-09-14/pdf/2010-22705.pdf and http://www.qpo.gov/fdsVs/pkq/FR-2010-09-14/pdf/2010-22706.pd B. The Local Government agrees that it shall: 1. Obtain and provide to the State a System for Award Management (SAM) number (Federal Acquisition Regulation, Part 4, Sub -part 4.11) if this award provides more than $25,000 in Federal funding. The SAM number may be obtained by visiting the SANT website whose address is: https://www.sam.gov/portal/public/SAM/ 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine -character number that allows the Federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website http://fedgov.dnb.com/webform; and 3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. AFA-LPAFA ShortGen.doc Page 7 of 10 Revised 11/20/2017 CSJ # 0920-38-260 District #20 - Beaumont Code Chart 64 # 03200 Project: 11th Street Resurfacing Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development 22. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in 2 CFR 200. B. If threshold expenditures of $750,000 or more are met during the fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Compliance Division, 125 East 11th Street, Austin, TX 78.701 or contact TxDOT's Compliance Division at singleaudits(a txdot.gov. C. If expenditures are less than the threshold during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Compliance Division as follows: "We did not meet the $ expenditure threshold and therefore, are not required to have a single audit performed for FY " D. For each year the project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. 23. Pertinent Non -Discrimination Authorities During the performance of this contract, the Local Government, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited to: A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects). C. Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the basis of sex). D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27. E. The Age Discrimination Act of 1975, as amended, (49 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age). F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex). G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not). . H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38. AFA-LPAFA ShortGen.doc Page 8 of 10 Revised 11/20/2017 CSJ # 0920-38-260 District #20 - Beaumont Code Chart 64 # 03200 Project: 11th Street Resurfacing Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex). J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100). L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.). AFA-LPAFA ShortGen.doc Page 9 of 10- Revised 11/20/2017 CSJ # 0920-38-260 District #20 - Beaumont Code Chart 64 # 03200 Project: 11th Street Resurfacing Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development 24. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT Signature Typed or Printed Name Title Date THE STATE OF TEXAS Kenneth Stewart Director of Contract Services Texas Department of Transportation Date AFA-LPAFA ShortGen.doc Page 10 of 10 Revised 11/20/2017 CSJ # 0920-38-260 District #20 - Beaumont Code Chart 64 # 03200 Project: 11th Street Resurfacing Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development ATTACHMENT A RESOLUTION OR ORDINANCE AFA-LPAFA_ShortGen.doc Page 1 of 1 Attachment A CSJ # 0920-38-260 District #20 - Beaumont Code Chart 64 # 03200 Project: 11th Street Resurfacing Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development ATTACHMENT B PROJECT LOCATION MAP a _ Clggty crd N ---� ;� � ` { ro 0 Blackmon Bac.mon i c� ' " z S l^dillotia;cod ��`�• Delaware Begin Project Delaware c \ �LBriokyard .� Oconee Je�::el 69 Austin t{oo.'er Spindletop Square a N ' Toccoa C: /0 Lpuigfana l Gfady Pt91on - . /F End Project ^� B(wch c n AFA-LPAFA_ShortGen.doc Page 1 of 1 Attachment B CSJ # 0920-38-260 District #20 - Beaumont Code Chart 64 # 03200 Project: 11th Street Resurfacing Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development ATTACHMENT C PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS Costs will be allocated based on 80% Federal funding and 20% Local Government funding until the federal funding reaches the maximum obligated amount. The Local Government will then be responsible for 100% of the costs. Description , otal Estin�ated Cost Federal ' Participation_ State . : Participation. Local. Participation,;: ..' Cost Gbst %- I sf Engineering (by Local Government) $25,000 0% 11 $0 0% $0 100% $25,000 Construction (by Local Government) $1,218,344 .0% $974,675 0% $0 0% $243,669 Subtotal 1',243,344' $974,675 $0 $268,669 Environmental Direct State Costs $2,500 80% $2,000 0% $0 20% $500 Right of Way Direct State Costs $10 0% $0 0% $0 100% $10 Engineering Direct State Costs $6,000 80% $4,800 0% $0 0% $1,200 Utility Direct State Costs $10 0% $0 0% �$o 100% $10 Construction Direct State Costs $25,000 80% $20,000 0% $0 0% $5,000 Indirect State Costs (5.94%) $72,370 0% $0 100% $72,370 0% Iso TOTAL $1,349,234 ,$1,001,475LL $72;370 $275,389 Initial payment by the Local Government to the State: $1,720 Payment by the Local Government to the State before construction: $5,000 Estimated total payment by the Local Government to the State $6,720. This is an estimate. The final amount of Local Government participation will be based on actual costs. AFA-LPAFA ShortGen.doc Page 1 of 1 Attachment C 2 September 11, 2018 Consider a resolution approving the write-off of uncollectible delinquent accounts BEAUMONT TEXAS TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: BACKGROUND City Council Kyle Hayes, City Manager Todd Simoneaux, CFO ✓/ September 11, 2018 Council consider a resolution approving the write-off of uncollectible delinquent accounts. This request is in accordance with the write-off policy approved by City Council on December 21, 1999. The policy gives Council the final authority to write-off an individual account receivable identified as uncollectible when the balance due exceeds $1,000.00. Accounts included are for transactions prior to April 2017 which have been sent to the collection agency and collection efforts have been unsuccessful for more than one year. A summary by receivable type is shown below. Weed Abatement Charges - $105,472.72 Original charge dates range from 2014 to 2016. EMS Ambulance Charges - $1,095,242.93 These charges from ambulance transports include uninsured claims or co -pay and deductibles that the customer is responsible for. The original charge dates range from 2004 to 2017 and accounts have been uncollectible for at least one year. Hazmat Charges — $3,441.42 These charges from hazmat response costs include uninsured claims that the customer is responsible for. The original charge dates range from 2013 to 2015 and accounts have been uncollectible for at least one year. Total to be written off - $1,204,157.07 If at any time an account becomes collectible after having been written off, the receivable shall be adjusted accordingly. The balance of the account shall be reinstated and payments shall be applied to that balance. FUNDING SOURCE Not applicable. 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, as an internal accounting procedure, the write- off of the following delinquent accounts totaling $1,204,157.07 for which each individual account exceeds $1,000, as shown on Exhibit "A" attached hereto: ; and, Weed Abatement Charges $105,472.72 EMS Ambulance Charges $1,095,242.93 Hazmat Charges $3,441.42 BE IT FURTHER RESOLVED THAT these debts are not being extinguished or forgiven and_ if, at any time, an account becomes collectible after having been written off, the receivable shall be adjusted accordingly and the balance of the account shall be reinstated and payments shall be applied to that balance. 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 11th day of September, 2018. - Mayor Becky Ames - WRITE OFF REQUEST- AUGUST 2018 ACCOUNTS $1000 and GREATER :]•��'/Td EMS 1,095,242.93 HAZMAT 3,441.42 WEED ABATEMENT 105,472.72 TOTAL 1,204,157.07 ABBIE MATTHEWS ETAL 1,361.25 ABBOTT, MARY 1,522.00 ADAMS, CRYSTAL 1,601.50 ADAMS, STEPHEN DECEDRIC 1,679.50 ADAMS, TROY 2,268.00 AHMED SYED 1,248.64 ALFORD, DEANA 1,567.00 ALTOM, WILMA SUE 2,038.00 AMACKER, MATTHEW LIONELL 2,340.00 AMEZCUA, THERESA LYNN 1,649.50 ANDERSON, MARILYN 1,642.00 ANTOINE, RONALD TODD 1,624.50 ANTWINE, LARRY RAYVON 1,612.00 ARCELLA 1,835.40 ARCENEAUX, LINTON 1,539.00 ARDOIN, BARBARA 1,582.00 ARLINE JR, RONNIE 1,178.68 ARLINE, LATAVIA 3,331.00 ARMSTRONG, LASASHIA 1,528.00 ARMSTRONG, LATESHIA 2,418.50 ASEFA, BANCHYIHUN 1,667.50 ASHFORD, SHANTEL 1,487.50 ATTRA, JOHN JASON ESTATE 1,631.00 BABINO, SHAKIL MONYEA 1,633.00 BALL, KATHY 3,021.50 BALSAMO, CHATEAU 3,150.00 BARNES, DANNY 1,583.50 BARNETT, TAHMEAKIA 2,369.00 BARRY, MONTY ET AL 1,289.00 BASS, KEIOHIA 1,544.50 BASS, LAURA LEE 2,355.50 BASS, TERRANCE 1,531.00 BATTLE, JANICE MARIE 1,442.50 BEARDEN, KATIE 1,507.00 BENNETT, LEROY 1,519.00 BENOIT, SITARA 1,603.00 BENTER- HOCKLESS, MARY 1,624.50 BERGERON, HAROLD 2,129.50 EXHIBIT "A" 6/2004-3/2017 7/2013-6/2015 6/2014-10/2016 BERRY, JAKE 1,507.00 BERTRAND, CLAIRENE 3,272.00 BERTRAND, JAMES ROBERT 1,660.00 BERTRAND, JOSEPH MITCHELL 1,614.00 BEVERLY, DAVID 1,588.00 BLANCHARD, HAYLEE 1,665.00 BOOKER, BRIAN 2,356.50 BOOKER, CANDACE 1,628.50 BOOKER, SHARINA GAIL 1,547.50 BOOTHE, DAVID 6,193.50 BOURG, RANDY ALLAN 1,541.50 BOUTTE CLARENCE & LENA SR 1,016.25 BRACHETT, JERRY 1,516.00 BRADFORD, JAYLYNN 1,534.00 BRADFORD, JOSEPH 1,534.00 BRANCH, JEREMIAH 1,587.00 BRAUBURGER, MICHAEL 2,292.00 BRISENDINE, VIRGINIA 1,720.00 BRONSON, JERMAINE 5,285.00 BROSNAHAN, BRUCE E 2,258.80 BROUCHET, KIMBERLYANN 1,519.80 BROUSSARD, EDWARD 3,288.40 BROUSSARD, KELLI BAGLEY 2,160.08 BROWN, DIANA 1,514.50 BROWN, FREDERICK 2,323.50 BROWN, SHAWN 1,519.00 BUCK, ASHAN 1,555.00 BURROWS, JOH NATHAN 2,268.00 BURTON, KADISHA GABRIEL 1,504.00 BUSHNELL, JESSICA ASHTON 2,428.50 BUSHNELL, THOMAS 1,601.50 BUTLER, RAYMOND 1,614.50 BUTLER, SHERRY MARIE 3,078.50 CALVIN, MICHELE 1,507.00 CAMPBELL, ROBERT LEE 1,625.50 CANE, TYRELL 1,675.00 CAPELO, TERESA 1,578.50 CAR EY, TREVON MARQUISE 1,553.50 CARNEY, KRISTEN 1,529.50 CARRIER, ALBERT 5,544.50 CARRINGTON, NANCY 1,483.00 CARRY, SAMANTHA 2,075.00 CARTER VERLINE (DECEASED) 3,622.50 CASE, CAROLYN 2,253.00 CASTRO, MIRTHA 1,078.05 CEASARCUMMINGS, SHERONDA 1,000.00 CHAMBERS, ANQUINETTE JANEA 2,365.50 CHAMBERS, BROCK 1,529.50 CHAMPAGNE, JOSEPH 1,535.50 CHAPMAN, TONI MARIE 4,467.00 CHARGOIS, YOLANDA 1,510.00 CHARLES, DARIUS 1,681.00 CHARLTON GEORGE C 1,244.00 CHRISTIAN, DIANNE MARIE 3,770.50 CISCO, LISA 1,618.50 CLAY, SWAN ESA 1,552.00 COCO, CONCETTA 1,508.75 COLA PETER EST 1,078.75 COLEMAN, GERALD 3,183.50 COLLAR, WILLIE 1,596.00 COLLINS, JOSEPH 1,618.50 COMEAUX, JOSEPH CARL 1,603.00 CONNOR, MICHELLE 1,510.00 COOK, DONALD 1,620.00 COO K,10AN N 1,496.50 COOPER, ANNIEBELLE ESTATE 1,075.00 COOPER, DIJON VE RHONE 1,528.00 CORMIER, DWIGHT 3,847.00 COTTON, SAUNTEL 8,745.50 CRAVENS, PATRICK 1,872.00 CROSLAND, EUGENE L (DECE 1,422.50 CRUZ, RICKY 1,673.50 DARBONNE, ROLAND JOSEPH 3,180.50 DARBY, HAL D 1,040.00 DARBY, LATRICE 2,313.00 DARKINS, MICHAEL TROY 1,502.50 DAVIDSON, ANDREW 1,499.50 DAVIS, ALBERT 2,296.50 DAVIS, ASHLEY 1,609.00 DAVIS, HELEN (DECEASED) 1,225.00 DAVIS, JEREMY 1,517.50 DAVIS, KHYLIN RASHAD 1,525.00 DAVIS, ROLLAN 1,477.00 DEAL, SHON 1,571.50 DEAL, SHON KEITH 1,607.50 DEAVER, STELLA IRENE 1,596.00 DEBINE, TERRY 1,676.00 DECQUIRE, JOHN 1,805.00 DELAGADILLO, MARIO 1,532.50 DELANEY, NANCY 1,520.50 DENNIS, BRANDON 1,672.00 DENNY, TERA MICHELLE 1,571.50 DERBY, ALVIN LYNN 1,495.00 DICE, TIMOTHY 2,359.50 DICICCO, DYMPTHIA 4,699.50 DICKSON (DECEASED), ETHEL 5,278.40 DIGGLES, DEANN 1,669.50 DOBBS, TRACEY LEE 5,528.00 DOFFONEY, LEE 1,582.00 DOUGLAS, KELWIN 3,062.00 DOURESSEAU, JOHN RONALD 3,236.00 DRAKE, CATRINA HINES 2,381.00 DUFFEK, LAURA LUCILLE 3,055.00 DUNN, LEIGHANN 1,475.00 DUPLECHAIN IRENE 1,812.80 EAGLETON, SHADONNA LAVAIE 1,642.00 EDGERLY CARRIER, BRITTNEY 2,485.50 EDWARDS, AMANDA 1,510.00 EDWARDS, JOSHUA 2,335.50 EDWARDS, PEGGY 1,617.00 EDWARDS, SHULONDA NICOLE 1,705.00 ELDRIDGE, VERINA 1,707.00 ELLIOTT, JACK R 1,207.50 ENGELBERG, WINTER 1,593.00 ERWIN, DARRIN WAYNE 2,242.50 EVANS, GARY WAYNE 7,727.50 FACTO, CHRISTOPHER 1,520.50 FERGUSON, FELICIA 1,484.50 FERGUSON, KATHERINE 2,436.50 FERNANDO, NEMISIUS 2,274.00 FIELDS, JOHN E 1,706.50 FIELDS, SAMUEL EDWIN 1,548.00 FIELDS, THEROWAYNE 4,878.15 FILLYAW, ANTHONY 3,215.00 FITCH, KYLISA 1,538.50 FLORES, CLEMENTE 9,305.00 FLUCAS, SHAIDAISHA 1,657.00 FONTENOT, TERRI 3,134.00 FOWLER, ROBERT MONROE 2,521.00 FRANCIS, JOSEPH 2,440.50 FRANK, DONNA 1,574.50 FRANKLIN, CANDICE 1,581.00 FRANKLIN, JESSIE 3,044.00 FRANKLIN, JOHNETfA MIMMIE 1,538.50 FREDERICK, TAMARA 1,513.00 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1,657.50 HARMON, DOLLY ESTATE 1,845.75 HARMON, JENNIFER 2,350.50 HARRIS, CHARKEISHA RENE 1,538.50 HARRIS, ESTELLE 1,000.00 HARRIS, LAKENYA ANN 1,764.80 HASTINGS, DIANNE 1,502.50 HAWKINS, BARBARA 2,354.00 HAWKINS, GREGORY TODD 3,935.50 HAWKINS, SABRINA 1,480.00 HAYES, CHRISTOPHER 1,548.00 HAYNES, TRAVIS 4,346.50 HEARN, TIFFANY 2,987.00 HEBERT RUDOLPH 1,075.00 HELEGDA, MICHAEL 1,592.50 HENDRIX, MARVIN 1,547.50 HERRING, CHRISTOPHER 1,561.50 HEUSNER, KEITH ARTHUR 13,448.50 HICKS, SCOTTIE 1,627.50 HILL, DORESHA 1,549.00 HOLLAND, ANGEL 4,707.00 HOLLOMON, ANDREA MONIGUE 1,591.50 HOLMAN, JUSTAN 1,614.50 HOLMAN, TERRENCE DESIRE 1,523.50 HOLMES, WILLIAM 1,270.03 HOOVER, JEREMY 5,359.00 HORNES, MIYAR KEWON 2,436.50 HOUSE LUSTON ESTATE 1,786.65 HOWARD, JAMES 1,570.00 HOWARD, SHAWN 3,348.50 HUBBARD, ROSA 2,236.50 HUGHES, GORDON 1,149.93 HUNTER, DEWAYNE HOWARD 2,326.00 HUTCHERSON, RANDALL DAVID 2,337.50 IDELBIRD, JENNY 1,588.00 JACKO, DONALD 3,102.50 JACKSON FRANKIE D 1,392.60 JACKSON, BRANDI 1,648.50 JACKSON, FELICIA KAYE 2,500.00 JACKSON, JAMES 2,432.50 JACKSON, JESSIE 1,596.50 JASPER, DONOVAN 1,587.00 JEFFERS, FRANK L SR 1,260.00 JIMENEZ, RONALDO 5,297.00 JOHNSON MORRIS, PAIGE 1,516.00 JOHNSON, AMY 4,023.00 JOHNSON, BRIANA 5,380.00 JOHNSON, JAMES 2,322.00 JOHNSON, JAMES ANTHONY 2,367.00 JOHNSON, JEREMIAH 1,577.50 JOHNSON, JOHN 2,498.50 JOHNSON, KHRISTY 1,759.00 JOHNSON, MADDIE PETE 24,213.00 JOHNSON, RUSSELL STEFPHON 2,372.00 JOHNSON, SHANTEL 1.,555.00 JOHNSON, TROVESSAH 1,549.50 JOHNSON, WILLIAM RUSSEL 1,637.50 JONES BARBARA & CONNIE 1,421.00 JONES, DANNY 1,507.00 JONES, D'NASHIA ROSHAWN 1,561.00 JONES, DURWIN 1,523.50 JONES, HERBERT 1,486.00 JONES, JAMES 1,103.00 JONES, LAQUETTA 1,657.50 JONES, LISA LYNN 1,630.00 JONES, SINCLAIR 1,576.50 JONES, STEPHANIE 3,763.00 JORDAN, MONA 3,080.00 JOSEPH, BEVERLY & 1,242.00 KELLY, ANITA GAIL 2,299.50 KENNEBREW, ERVIN 1,686.00 KHAN, TERESA 1,640.50 KIBODEAUX, DANIELLE 1,559.50 KIBODEAUX, MISTI LYNN 4,600.00 KILPATRICK, R MRS (ESTAT 1,438.50 KNIGHT, CHANELL CHERI 1,528.00 KNIGHT, CHANELL CHERI 2,333.00 KONADU, DRISKIA 1,582.50 KRAUT, MALCOLM DALE 2,442.50 LAFLEUR, BEVERLY A & EVEL 1,001.75 LAFLEUR, ELSIE 1,570.00 LAFLEUR, ERIC JOSEPH 1,572.00 LAMAR, JACQUELINE 1,028.45 LAMB CAROLYN F ET AL 5,048.75 LAMBERT, ANTHONY 1,534.00 LAMELL, DEVONTA 1,598.50 LANDOR, RACHEL 1,624.50 LANDRY, COURTNEY 1,511.50 LANDRY, LAWWHITNEY PINEAPPLE 1,472.50 LANDRY, TORREY 1,532.50 LANE, JERRY 1,686.00 LANG, NORMAN 1,580.50 LANGER, JOE 2,262.74 LANGHAM, CHARLOTTE 2,328.50 LAWRENCE, CHERISH 1,631.50 LAYTON, JIMMY 6,350.00 LAYTON, KIP 1,645.50 LEBLEU, DWAYNE EDWARD 1,074.50 LEE, ALBERT ANDRUS 1,585.50 LENGA, OKITOKENGE 3,370.00 LEVIAS, MEGHAN 1,622.50 LEWIS, BRENDA 3,932.00 LEWIS, DAMOND 1,579.00 LEWIS, ERICA ROSHELLE 1,586.50 LEWIS, LAGUYIA 1,538.50 LEWIS, OSCAR 1,502.50 LEWIS, TRAVIS 3,331.00 LITTLE, JASMINE 1,537.50 LIVING, BRITNEY 3,089.00 LIVING, DERRICK 1,529.50 LIVING, JUSTIN 3,050.00 LOCKEMAN, ALEX 1,660.50 LOGAN, EUNICE 1,920.91 LOGNION, JODI 1,534.00 LOMAX, FELICIA ELIZABE 2,476.00 LONDON, OZIE 1,151.50 LOPEZ, DAMIAN 3,881.50 LOU, JIAJIA 1,585.00 LOUINES, ERIC 2,487.00 LOVILLE, JOEY 1,540.00 LUTHI, MICHELLE 3,213.00 MACK, RICHARD 1,601.50 MALBROUGH, CHARITA 2,296.50 MALBROUGH, HALEY 1,461.31 MALDONADO, KRISTIN 1,572.00 MALONE, SHAYLA 1,612.50 MALVEAUX, JESSICA 1,564.00 MANLEY, MACON 2,432.50 MANNING, CLINTON 1,620.50 MANNING, DREW 1,596.00 MARK HARDIN MINISTRY INC 1,128.66 MARTIN, MATTHEW 4,708.50 MARTIN, MAURICE 1,537.50 MASON, ICESES 3,973.00 MATTHEWS, MARK ANTHONY 1,660.50 MCCAFFERTY PAUL E ESTATE 1,133.25 MCDANIEL, KYRIA DESHAWNE 2,472.50 MCGALLION, HEATHER 1,685.50 MEEKS, TEDDY 4,619.50 MELTON, KIMBERLY 1,657.50 ME RAZ, CESAR 1,001.76 MEZA, VERONICA SUSIE 2,335.50 MILLER (SNEED), EARLENE 3,176.00 MILLER, RYAN CHRISTOPHER 1,688.00 MINIX, ELROY 2,352.50 MITCHELL, DOYLE 8,641.50 MITCHELL, KELVIN 2,487.50 MITCHELL, SYLVESTER 1,623.00 MOORE JOHNETT ESTATE 1,111.96 MORALE, ROSHONDA 1,756.50 MORRIS, ARTHUR 1,658.00 MORRIS, JOSEPH 2,271.00 MORRIS, TERRY 2,349.00 MORRISON, CATHY 2,363.50 MOTON, TERRANCE 1,588.00 MOUTON, DIANA 1,813.50 MULLINS, JOSHUA NORMAN 1,675.00 MURPHY, ARTIE 1,669.50 MURPHY, DEMETRIUS 1,621.50 MURPHY, JOSEPH 1,593.00 MYERS, JUDITH 1,143.00 MYLES, SHIRLENE 1,609.50 NAILS, KERIE 2,349.00 NASH, CONNIE 1,639.50 NELLAR, AUZREE 2,254.50 NEVILLS, CHARLOTTE 1,523.50 NICHOLAS, ANGELA 3,977.50 NOBLES, GODFREY SAXON 5,562.50 NORRIS, CARLA 2,395.00 0 FIEL VIOLET G (DECEASED 1,472.25 O'BRIEN, IRENE (DECEASED) 1,045.00 ODELL, RICKY LYNN 2,376.50 OWENS, FREDDIE 3,346.00 PADILLA, ARMANDO 1,495.00 PALMER GWENDOLYN ANN 1,159.75 PARISH, LINDSEY ANN 1,656.50 PARKER, ALW ERUS 1,605.00 PARKER, DAN 2,723.50 PARKERSON, MARK 3,061.00 PARKERSON, SHARLETTE 2,387.00 PAYNE, CATRINA 2,328.50 PAYNE, TIFFANY NICOLE 1,540.00 PEREZ, JUAN CARLOS 1,007.50 PERKINS, JAMES 1,970.47 PETE, SERINA 2,487.00 PHILLIPS, ELSIE 1,487.50 PITRE, CHAD GREGORY 1,713.00 POWELL, ETHEL MARIE 2,247.00 PRATT, RONNIE 4,030.00 PRATT-GRIFFIN, BELINDA 1,577.50 PURDON, BRITANNY DIANE 2,264.00 PURDY, JUWAN 1,662.00 R & B HOMES LLC 1.,268.90 RANDALL, ERICA DENEAN 1,607.50 RANDALL, GEORGIANNA 1,588.00 RANDALL, JACOBIE 1,565.50 RAWLINS, TANIGA MARIE 1,601.48 RAYMOND, CASSIS 1,953.50 REDEAU, LORI 1,900.00 REDEAUX, ANTIONETTE 2,262.00 REESE, TRIMECA BRASHAA 1,525.00 RHINE, TINA 1,508.50 RICHARD, CHARLES K 5,687.30 RICHARDSON, CHAD WADE 1,595.50 RICHARDSON, JAMES NORRIS 1,603.00 RIDEAUX, WILLIEMAE 1,588.50 RIGGINS, EVA DELL 1,540.50 RIVERA, JEWEL 1,499.50 ROBERTSON, DIAMOND DALEN 1,556.50 ROBINSON, MARCUS 1,508.50 ROCIO, GLORIA ANN 1,000.00 ROCIO, PATRICK 2,446.50 RODRIGUEZ, ELIZABETH ALAMIA 2,027.88 RODRIGUEZ, REBECCA 1,441.00 ROSS, JASON 1,502.50 RUGGLES, ROBERTA 1,549.50 RUIZ GENOVEVA R 1,244.75 RUIZ, JOSE 1,522.64 SALAS, JUANITA 1,606.50 SALDANA, IVAN 1,525.00 SANCHEZ, MARIA 1,634.50 SAUNDERS, ROBERT 2,154.50 SAVOY, LEROY 2,262.00 SAVOY, MARCUS TREY 2,365.50 SCHALER, KIANNA 1,564.00 SCHRAM, SAMANTHA KATHERINA 1,529.50 SCOTT, LASHUNDA MICHELLE 1,601.50 SEGREST, CAROLYN 1,600.00 SEGURA, ELMORE 1,519.00 SENEGAL, DELLA SUE 2,376.00 SHELLO, GERALD 1,531.00 SHOULDERS, MAZELLA 1,521.00 SIDES, MARY 11,485.00 SIGARST, SHANIKA 2,337.00 SIGEE, TERRANCE 2,413.50 SIKORA, AMELIA 1,172.19 SILAS, WENONA 1,484.50 SIMMON, KHALIL 1,586.50 SIMMONSJAMES 1,141.00 SIMON, EBONY 1,817.50 SIMON, JACOBY 2,440.00 SINGLETON, SHAYLAJANAY 1,517.50 SMITH, ALFREAD 1,677.50 SMITH, ARTIS TAWAREN 1,558.00 SMITH, CHRISTOPHER DOMAIN 1,577.50 SMITH, DERRICK 3,318.00 SMITH, EDDIE W (ESTATE) 1,043.89 SMITH, HEATHER 1,495.00 SMITH, JESSICA ANN 2,305.50 SMITH, KANEISHA 1,516.00 SMITH, LESTINA 4,008.00 SMITH, SAMUEL HAROLD 1,547.50 SNIDER, RACHEL 4,997.09 SOLIAS, FELECIA 12,522.50 SOLIS, JAVIER 3,956.50 SOLTER, SHERYL 3,249.00 SOUTH EAST TEXAS MINI -MKT 1,011.50 SPEARS, KIERRA 2,468.00 SPIKES OLIVIA 1,100.00 STAGG, MARCOM 2,533.50 STAGG, PATRICIA 1,680.50 STALLWORTH, LEROYDRIC 1,619.50 STANDBERRY, ANITA 1,003.69 STANLEY, NICOLE 3,944.50 STELLY, STACEY 1,540.00 STOVALL, ROBERT ALLEN 1,517.50 STRADA, HILBERTO 1,552.00 STREETMAN, CHARLES DAVID 1,519.00 SULLIVAN, KEVIN 1,594.00 SUNLIGHT BAPTIST CHURCH 1,383.40 SUTfLE, LETHA ANN 1,256.50 SUTTON, CLARENCE 4,672.50 SWARTOUT, MANDY 4,483.50 SYERS BERTHA LEE EST 1,121.50 SYLVESTER, ELAINA 1,882.00 TERRELL, LAVERT BLANCHETf 2,179.00 TEZENO, DAVID 1,570.00 THIBODEAUX, INGA 1,531.00 THOMAS JOHN J 1,172.00 THOMAS, COLBY 4,569.50 THOMAS, DARREL 1,520.50 THOMAS, ELIZABETH 1,523.50 THOMAS, MARK CURTIS 12,299.00 THOMAS, RAVEN 1,598.50 THOMPSON, JOHNATHAN 1,556.50 TINNIAN, JASON 1,624.50 TORAN, LEZLIE 2,326.50 TRAHAN, KAREN DEVON 1,570.00 TRAINER, CHERYL 4,695.50 TROSCLAIR, STELLA MARCELL 1,546.50 TURNER, ZACHARY 1,560.00 ULMER, JULIUS 1,858.00 VANWINKILE, CINDY 1,510.00 VASSAR, KATIE ELLEN BURD 3,898.00 VEAZIE, MAXINE HARRISON 1,425.50 VILLAFRANCO, SHERRI 1,537.50 VILLALOBOS, TOMAS (DECEAS 1,498.25 WALKER, BLISS 1,225.37 WALKER, FLORENCE 2,226.00 WALKER, JOHN 2,266.50 WALLACE, GREGORY 6,873.50 WALKER, ELOISE 1,123.48 WALLES, REBEKAH 1,579.00 WALTERS, HUEY 2,461.00 WARREN BROTHERS INC 1,241.70 WARREN SHIRLEY 2,016.75 WARREN, DIANN 2,259.00 WASHINGTON TRAVOY L H 1,325.00 WASHINGTON, REGINA 4,068.50 WATKINS, MARSHALL 11592.00 WEAVER, CHRIS 1,508:50 WEBB, DAN & JUDY 1,362.85 WEBB, FELICIA 1,552.00 WEN, NSTROM FRANCES ET AL 1,626.96 WESTBROOKS, SHELLEY 2,271.00 WHITE, JOSEPH 1,513.00 WILLIAMS, ASIA 1,618.50 WILLIAMS, JUSTEAN 1,526.50 WILLIAMS, LULA (DECEASED) 1,020.00 WILLIAMS, MAE 2,426.00 WILLIAMS, MIA 5,304.50 WILLIAMS, SHAQUANA 3,077.00 WILLIAMS, SUELLEN 1,952.19 WILRIDGE, FLORA MAE 1,115.00 WILSON L C ET UX 1,159.00 WILSON, RAY 1,568.50 WILTURNER, TROY 1,642.00 WINGATE, CHRISTENE 1,561.50 WRIGHT, STEVEN 1,562.50 YANEZ, TINA 1,546.00 YARBROUGH, JACOB 3,143.00 YARBROUGH, TRISTINA RENA 1,520.50 YATES, JERRY. 1,010.45 YOUNG, ANTHONY 2,518.00 YOUNG, DAN 1,559.50 YOUNG, NATASSA 1,708.50 YOUNG, WILLIE MAE 1,500.00 ZENO, GLENNES 2,323.50 1,204,157.07 3 September 11, 2018 Consider a resolution authorizing the City Manager to execute a contract with Excavation and Construction, LLC of Port Arthur for the re -installation of brick pavers BEAUMONT TEXAS TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: :ATil"IC :Z1111►11, City Council Kyle Hayes, City Manager Todd Simoneaux, Chief Financial Officer September 11, 2018 Council consider a resolution authorizing the City Manager to execute a contract with Excavation and Construction, LLC of Port Arthur for the re -installation of brick pavers. Bids were requested for a two year contract for the re -installation of brick pavers at various locations throughout the City that have been removed for utility work or damaged. Thirteen (13) vendors were notified with two vendors responding. Low qualified bid was received from Excavation and Construction, LLC. The total estimated bid for twenty four (24) months is $284,301. Bid tabulation attached. FUNDING SOURCE General Fund; Water Fund and Street Rehabilitation Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, the City of Beaumont solicited bids for a two (2) year contract for the re -installation of brick pavers at various locations throughout the City of Beaumont that have been removed for utility work; and, WHEREAS, Excavation and Construction, LLC, of Port Arthur, Texas, submitted a complete bid meeting specifications in the estimated amount of $284,301.00, as shown on Exhibit "A," attached hereto; and, WHEREAS, the City Council is of the opinion that the bid submitted by Excavation and Construction, LLC, of Port Arthur, Texas, is the lowest 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 two (2) year contract to Excavation and Construction, LLC, of Port Arthur, Texas, in the estimated amount of $284,301.00, as shown on Exhibit "A," attached hereto, to re -install brick pavers a various locations throughout the City that have been removed for utility work; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Excavation and Construction, LLC, of Port Arthur, 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 11th day of September, 2018. - Mayor Becky Ames - B EAU M 4 N T CITY OF BEAUMONT - PURCHASING DIVISION Terry Welch, Senior Buyer T E X A S 409-880-3107 terrv.welch(fteaum onttexas.00v BID TABULATION: Two (2) Year Contract For the Re -Installation of Brick Pavers at Various Locations Throughout the City of Beaumont, Texas BID No.: TF071'8-40 OPENING DATE: Thursday, August 16, 2018 Vendor Excavation & Construction, LLC Brystar Contracting City / State Port Arthur, Tx Beaumont, Tx ITEM Est. Qty Unit Price Total Price Unit Price Total Price Brick Paver Installation (Include Sand Fillers & Bedding) 14,000-ft2 $15.50 $217,000.00 $20.00 $280,000.00 (Sidewalk & Ramps) Brick Paver Installation (Include Sand Fillers & Bedding) 4,000-ft2 $15.50 $62,000.00 $20.50 $82,000.00 (Driveway) Mobilization - One -time payment for life of contract, not to exceed 1 LS $5,301.00 LS $6,800.00 2% of the adjusted Contract amount TOTAL FOR ALL SECTIONS: $284,301.00 $368,800.00 Excavation and Construction LLC is the low qualified bidder. EXHIBIT "A" C! September 11, 2018 Consider a resolution authorizing the City Manager to execute a contract with Neon Electric Corporation, of Houston for the City of Beaumont Bus Shelters at Various Locations Project -Phase II (Re -Bid) BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E. Public Works Director MEETING DATE: September 11, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a contract with Neon Electric Corporation, of Houston for the City of Beaumont Bus Shelters at Various Locations Project — Phase II (Re -Bid). BACKGROUND The locations for ten (10) 7' x 14' bus shelters have been identified throughout the City. The proposed shelters consist of a metal roof resting on two steel columns. On August 23, 2018, one (1) formal bid was received. The bid total is indicated in the table below: Contractor Location Bid Neon Electric Corporation Houston, Texas $119,300.00 Engineer's Estimate $114,350.00 The Public Works Engineering staff recommends the project be awarded to Neon Electric Corporation. A total of sixty (60) calendar days are allocated for completion of this project. FUNDING SOURCE TxDOT Funded (100%). RECOMMENDATION Approval of the resolution. BID TABULATION PROJECT: CITY OF BEAUMONT BUS SHELTERS AT VARIOUS LOCATIONS PROJECT - PHASE TWO LIMITS: CITY WIDE TxDOT Project: BBF 1704(20) 010_17 CITY OF BEAUMONT, TEXAS Neon Electric Corporation TOTAL CONTRACT BID $ 119,300.00 ESTIMATED ITEM NO. ITEM CODE DESCRIPTIONQUANTITY UNIT UNIT PRICE TOTAL 9000 6000 Tx 14' HIP ROOF BUS SHELTER 10 EA $ 11,930.00 $ 119,300.00 TOTAL CONTRACT BID $ 119,300.00 Legend 0 Phase I Shelter Locations (Existing) A Phase 11 Proposed Shelter Locations HWY 105RO rpo E LUCAS DR ,DO RD FOLSOM DR j n� Awr--L-7 ♦ ---------- - - PORT OF ........ .. .... AL AUMONT I f -- - ---COLLEGE ST ------------- — -- .4 — I I I VAL4— #J Ay I I I F- WASHINGTON BLVD rr A WALDEN RD RESOLUTION NO. WHEREAS, the City of Beaumont solicited bids for the City of Beaumont Bus Shelters at Various Locations - Phase II Project; and, WHEREAS, Neon Electric Corporation, of Houston, Texas, submitted a complete bid meeting specifications in the amount of $119,300.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by Neon Electric Corporation, of Houston, Texas, is the lowest 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 Neon Electric Corporation, of Houston, Texas, in the amount of $119,300.00 for the City of Beaumont Bus Shelters at Various Locations—Phase II Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a Contract with Neon Electric Corporation, of Houston, 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 11th day of September, 2018. - Mayor Becky Ames - 5 September 11, 2018 Consider amending Section 4.10.001 of the Code of Ordinances related to Animal Care fees BEAUMONT TEXAS TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: BACKGROUND City Council Kyle Hayes, City Manager Chris Jarmon, Executive Assistant to the City Manager September 11, 2018 Council consider amending Section 4.10.001 of the Code of Ordinances related to Animal Care fees Staff is proposing to restructure Beaumont Animal Care's fee schedule. INCREASED FEES Beaumont Animal Care is required by ordinance to board animals that have been involved in bite cases, dangerous dog cases, and animals on rabies quarantine. Staff is proposing to increase the public safety boarding fee to help offset the cost of housing these animals while they are under the City's care. Staff is also proposing to increase the fee to transport dead animals from private veterinarian offices. Increasing the fee will help cover Beaumont Animal Care's transportation costs. Under the proposed fee schedule, it would cost $40 to transport one dead animal from a private veterinarian office, $50 to transport two dead animals, $60 to transport three dead animals, and Current Fee Proposed Fee Public Safety Boarding $15 per day $25 per day Dead animal removal fee One animal More than one animal $20 $5 $40 $10 Kennel permit fee $50 $75 Animal exhibition permit fee $50 $75 Dangerous dog registration $50 $125 Cat surrender fee $15 per cat $50 per cat Dog surrender fee $20 per dog $50 per dog Beaumont Animal Care is required by ordinance to board animals that have been involved in bite cases, dangerous dog cases, and animals on rabies quarantine. Staff is proposing to increase the public safety boarding fee to help offset the cost of housing these animals while they are under the City's care. Staff is also proposing to increase the fee to transport dead animals from private veterinarian offices. Increasing the fee will help cover Beaumont Animal Care's transportation costs. Under the proposed fee schedule, it would cost $40 to transport one dead animal from a private veterinarian office, $50 to transport two dead animals, $60 to transport three dead animals, and so on. Staff is proposing to increase the kennel permit fee (for commercial kennel operations) and the animal exhibition permit fee (for zoos, circuses and other animal shows) to help recover the cost of processing these applications. Staff is proposing to increase the dangerous dog registration fee to help recover the cost of administering these cases. Beaumont Animal Care allows Beaumont residents to surrender personally owned animals to the shelter upon showing a photo ID and paying the appropriate surrender fee. Staff is proposing to raise the surrender fee in order to help recover the cost associated with caring for owner surrendered animals. Through July 2018, owner surrenders accounted for approximately 10.5% of total animal intake at Beaumont Animal Care. REDUCED FEES Staff is proposing to reduce the reclaim and rabies vaccination fee in order to make it more affordable for citizens to reclaim their pets. Under the proposed fee schedule, citizens will be charged $40 to reclaim their pet or $50 to reclaim their pet if their pet is not vaccinated against rabies. Staff is also proposing to reduce the microchipping fee to $15. This service will be offered every day during normal business hours. Microchips are the best way to reunite lost pets with their owners. Therefore, Beaumont Animal Care supports reduced microchipping fees as a way to increase the number of microchips available in the community. Staff is also proposing to reduce the dog and cat adoption fee to $70. All animals will continue to be vaccinated, microchipped, and spay or neutered prior to adoption. Reducing adoption fees will make Beaumont Animal Care a more attractive place to adopt animals. Although Beaumont Animal Care's per animal adoption revenue will decrease, overall adoption revenue will increase as more animals will be adopted. Current Fee Proposed Fee Reclaim Fee $45 $40 Rabies vaccination fee $15 $10 Microchi ing Fee $25 per animal $15 per animal Cat adoption fee $100 $70 Dog adoption fee $130 $70 Staff is proposing to reduce the reclaim and rabies vaccination fee in order to make it more affordable for citizens to reclaim their pets. Under the proposed fee schedule, citizens will be charged $40 to reclaim their pet or $50 to reclaim their pet if their pet is not vaccinated against rabies. Staff is also proposing to reduce the microchipping fee to $15. This service will be offered every day during normal business hours. Microchips are the best way to reunite lost pets with their owners. Therefore, Beaumont Animal Care supports reduced microchipping fees as a way to increase the number of microchips available in the community. Staff is also proposing to reduce the dog and cat adoption fee to $70. All animals will continue to be vaccinated, microchipped, and spay or neutered prior to adoption. Reducing adoption fees will make Beaumont Animal Care a more attractive place to adopt animals. Although Beaumont Animal Care's per animal adoption revenue will decrease, overall adoption revenue will increase as more animals will be adopted. NEW FEES Current Fee Proposed Fei��l Adoption Fee (other than $0 dogs and cats) $20 Staff is proposing to add a new adoption fee for animals other than dogs and cats (such as roosters and hens). The current practice is to adopt these animals out for free upon receiving an approved application. Staff is proposing to modify this practice by charging a small adoption fee for these animals. ELIMINATED FEES Staff is proposing to stop offering "owner requested euthanasia" as a service. It is unnecessary for Beaumont Animal Care to provide this service as it is available at any veterinary clinic. Euthanizing personally owned pets is a discussion ideally suited for a pet owner and their personal veterinarian. Personally owned animals may still be "surrendered" to Beaumont Animal Care. On balance, staff believes that restructuring these fees will be revenue neutral. Moreover, restructuring these fees will reduce intake, increase adoptions, and bring Beaumont Animal Care one step closer to becoming an open -admission no -kill animal shelter. The Animal Care Advisory Committee met on August 30, 2018 and is in support of these changes. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. Current Fee Proposed Fee Owner Requested Cat $15 Eliminate Service Euthanasia Owner Requested Dog $20 Eliminate Service Euthanasia Staff is proposing to stop offering "owner requested euthanasia" as a service. It is unnecessary for Beaumont Animal Care to provide this service as it is available at any veterinary clinic. Euthanizing personally owned pets is a discussion ideally suited for a pet owner and their personal veterinarian. Personally owned animals may still be "surrendered" to Beaumont Animal Care. On balance, staff believes that restructuring these fees will be revenue neutral. Moreover, restructuring these fees will reduce intake, increase adoptions, and bring Beaumont Animal Care one step closer to becoming an open -admission no -kill animal shelter. The Animal Care Advisory Committee met on August 30, 2018 and is in support of these changes. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. Sec. 4.10.001 Fees (a) Reclaim fee: (1) Reclaim fee: $45.00_$40.00 per occurrence. (2) Individuals will also be charged a "Rabies vaccination fee" for any reclaimed animal that is not vaccinated against rabies. (3) Reclaim fees may be waived at the discretion of the City Manager. (b) Rabies vaccination fee: $15.00-._$10.00 (c) Preventative health vaccination: $15.00. (d) FIV/feline leukemia virus test: $15.00. (e) Heartworm test: $15.00. (f) Public Safety Boarding: $'�25.00 per day. (g) Dead animal removal fee for veterinarians: (1) Trip fee: $20,09 40.00 for one (1) animal. (2) Trip fee: $5.00,$10.00 per animal in excess of one (1). (h) Kennel permit fee: $50.00_$75.00 per year. (i) Dog and cat fanciers permit: (1) New permit: $200.00. (2) Renewal permit: $50.00. 0) Trap rental fee (shall consist of an administrative fee and refundable usage fee): (1) Administrative fee: $10.00. (2) Refundable usage fee: $89.9-5-.-S20.00 (3) Special rates: The city manager may waive trap rental fees as circumstances warrant. (k) Adoption fees: (1) Unaltered adult animals: (A) Cats: $100.W. 70.00 (B) Dogs: $130.00.$70.00 (2) Altered or underage animals or heartworm positive dogs: (A) Cats: $4000. $30.00 (B) Dogs: $60:00-: 30.00 (3) All animals other than dogs and cats: $20.00 (34) Adoption fees may be waived or modified at the discretion of the city manager. (1) Microchipping fee: X00 15.00 per animal. (A) The city manager may waive microchiwin2 fees as circumstances warrant. (m) Animal surrender fees (ems Beaumont residents only): (1) Cats: Q'� $50.00 per cat (2) Dogs: $20.00-.-a5 0.00 per dog (n) Dangerous animal registration: X0:00 125.00 per year. (p)- Uo Animal exhibition permit fee: X0.09 75.00 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 4, ARTICLE 4.10, SECTION 4.10.001 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS TO MAKE CHANGES RELATING TO ANIMAL CARE FEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 4, Article 4.10, Section 4.10.001 of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: ARTICLE 4.10 ANIMAL CARE FEES Sec. 4.10.001 Fees (a) Reclaim fee: (1) Reclaim fee: $40.00 per occurrence. (2) Individuals will also be charge a "rabies vaccination fee" for any reclaimed animal that is not vaccinated against rabies. (3) Reclaim fees may be waived at the discretion of the City Manager. (b) Rabies vaccination fees: $10.00. (c) Preventative health vaccination: $15.00. (d) FIV/feline leukemia virus test: $15.00 (e) Heartworm test: $15.00 (f) Boarding: $25.00 per day. (g) Dead animal removal fee for veterinarians (1) Trip fee: $40.00 for one (1) animal. (2) Trip fee: $10.00 per animal in excess of one (1). (h) Kennel permit fee: $75.00 per year. (i) Dog and cat fanciers permit: (1) New permit: $200.00. (2) Renewal permit: $50.00. 0) Trap rental fee (shall consist of an administrative fee & refundable usage fee): (1) Administrative Fee: $10.00 (2) Refundable Usage Fee: $90.00 (3) Special Rates: The City Manager may waive trap rental fees as circumstances warrant. (k) Adoption fees: (1) Unaltered adult animals: (A) Cats: $70.00. (B) Dogs: $70.00. (2) Altered or underage animals or heartworm positive dogs: (A) Cats: $30.00. (B) Dogs: $30.00. (3) All animals other than dogs and cats: $20.00 (4) Adoption fees may be waived or modified at the discretion of the City Manager. (1) Microchipping fee: $15.00 per animal. (1) The City Manager may waive microchipping fees as circumstances warrant. (m) Animal surrender fees (Beaumont residents only): (1) Cats: $50.00. (2) Dogs: $50.00. (n) Dangerous animal registration: $125.00 per year. (o) Animal exhibition permit fee: $75.00. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code or Ordinance of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of September, 2018. - Mayor Becky Ames - PUBLIC HEARING * Receive comments on the 2018 (FY 2019) proposed tax rate BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: September 11, 2018 REQUESTED ACTION: Council hold a public hearing on the 2018 (FY 2019) proposed tax rate. BACKGROUND Chapter 26 of the Property Tax Code requires taxing units to comply with truth -in -taxation laws in adopting their tax rate. Two public hearings are required if the proposed rate of $.71/$100 of valuation exceeds the lower of the rollback rate of $.760328/$100 of valuation or the effective tax rate of $.709457/$100 of valuation. A Notice of Proposed Tax Rate is required to be published in the newspaper, on the city website, and on a television channel, if available. This notice was published in the newspaper on August 16, 2018 and on the website and on the cable channel 4 on August 16, 2018. The first public hearing was held on August 28, 2018. FUNDING SOURCE Not applicable. RECOMMENDATION Hold public hearing. WORK SESSION Review and discuss the City's Weed Abatement Program WORK SESSION * Review and discuss the status of the work program for 2435 Long St.