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HomeMy WebLinkAboutPACKET SEP 17 2019BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 17, 2019 1:30 PM CONSENT AGENDA Approval of minutes— September 10, 2019 Confirmation of board and commission member appointments A) Authorize the City Manager to execute Change Order No. 3 to the contract with Excavation & Construction, LLC for the Chlorination Contact Chamber Rehabilitation Project B) Authorize the settlement of the lawsuit styled Darryl Daw v. The City of Beaumont; Cause No. B-203167 C) Authorize the settlement of the claim of Taylor Dill D) Authorize the City Manager to execute all documents necessary with the Texas Department of Transportation to accept federal funds from the National Highway Traffic Safety Administration. 0 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, Public Works Director MEETING DATE: September 17, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 3 to the contract with Excavation & Construction, LLC. On September 18, 2018, by Resolution No. 18-229, City Council awarded a contract to Excavation & Construction, LLC, of Port Arthur for the Chlorination Contact Chamber Rehabilitation Project in the amount of $1,099,759.98. Previous Change Order Nos. 1-2, in the amount of $22,862.00, resulted in an increase to the original contract amount making the new contract amount $1,122,621.98. Proposed Change Order No. 3, in the amount of $18,000.00, is required to perform necessary repairs to two (2) abandoned 42 -inch stormwater lines that are undermining the existing slope walls and discharging water into the Chlorination Contact Chamber. If approved, the new contract amount will be $1,140,621.98. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, on September 18, 2018, the City Council of the City of Beaumont, Texas passed Resolution No. 18-229 awarding a contract in the amount of $1,099,759.98 to Excavation & Construction, LLC, of Port Arthur, Texas, for the Chlorination Contact Chamber Rehabilitation Project; and, WHEREAS, on April 16, 2019, the City Manager executed Change Order No. 1, in the amount of $3,000.00, for the installation of higher strength Class A concrete and the reduction in quantities of concrete used for the project, thereby increasing the total contract amount to $1,102,759.98; and, WHEREAS, on August 6, 2019, the City Manager executed Change Order No. 2, in the amount of $19,862.00.00, was required to order and replace four (4) gates due to their unrepairable, condition per the manufacturer and to sod the surrounding area of the Chlorination Contact Chamber to establish, vegetation, thereby increasing the total contract amount to $1,122,621.98; and, WHEREAS, Change Order No. 3, in the amount of $18,000.00, is required to perform necessary repairs to two (2) abandoned 42 -inch stormwater lines that are undermining the existing slope walls and discharging water into the Chlorination Contact Chamber, thereby increasing the total contract amount to $1,140,621.98; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 3, in the amount of $18,000.00 for additional work described above, thereby increasing the total contract amount to $1,140,621.98 for the Chlorination Contact Chamber Rehabilitation Project; and, The meeting at which this resolution was approved was' in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of September, 2019. - Mayor Becky Ames - RESOLUTION NO. 19-160 WHEREAS, on September 18, 2018, the City Council of the City of Beaumont, Texas passed Resolution No. 18-229 awarding a contract in the amount of $1,099,759.98 to Excavation & Construction, LLC, of Port Arthur, Texas, for the Chlorination Contact Chamber Rehabilitation Project; and, WHEREAS, on April 16, 2019, the City Manager executed Change Order No. 1, in the amount of $3,000.00, for the installation of higher strength Class A concrete and the reduction in quantities of concrete used for the project, thereby increasing the total contract amount to $1,102,759.98; and, WHEREAS, Change Order No. 2, in the amount of $19,862.00.00, is required to order and replace four (4) gates due to their unrepairable condition per the manufacturer and to sod the surrounding area of the Chlorination Contact Chamber to establish vegetation, thereby increasing the total contract amount to $1,122,621.98; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 2, in the amount of $19,862.00 for additional work described above, thereby increasing the total contract amount to $1,122,621.98 for the Chlorination Contact Chamber Rehabilitation Project; and, EXHIBIT "A" 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 6t' day of August, 2019. J CITY OF BEAUMONT Date: September 3, 2019 Project: Chlorination Contact Chamber County: Jefferson District: Beaumont Contract Number: WU0218-15 Contact Chamber Owner. City of Beaumont Contractor: Excavation & Construction, LLC. C,O. No.: 3 THE FOLLOWING CHANGES IN THE PLANS AND/OR SPECIFICATIONS ARE HEREBY MADE: Quantities added to adjust for a change in work regarding Gates. Item No. Item Code Description Unit Original Quantity New Quantity Unit Price Total Demo two (2) 42 -inch RC.P to outside limits of Chlorine Chamber (Approx. 999 005 120 -LF each). Install concrete plugs (Not to exceed 24 -inches in depth) in each pipe. Backfill with CS.S (2 sac) to reestablish slopes for chamber. Supply all LS 0 1.00 S 18,000.00 S 18,000.00 labor, equipment and materials to complete item. TOTAL: S18,000.00 14 WORKING DAYS WILL BE ADDED TO THIS CHANGE ORDER ORIGINAL CONTRACT AMOUNT: NET FROM PREVIOUS CHANGE ORDERS: TOTAL AMOUNT OF THIS CHANGE ORDER: PERCENT OF THIS CHANGE ORDER. TOTAL PERCENT CHANGE ORDER TO DATE: NEW CONTRACT AMOUNT: ACCEPTED BY: EXCAVATION & UCTION LLC -REP. VATV PRE &RE EW BY: A O D E. TROCHEADWAY DESIGNER III TE ir APPROVED BY: $1,099,759.98 51.122 621.98 $18,000.00 1.64% 3.72% S1.50,621.98 REVIEWED BY: IZI< D JOSEPH AJDALANI DATE ATTESTED BY: KYLE HAYES, CITY MANAGER DATE TINA BROUSSARD, CITY CLERK DATE CITY Or BEAUMONT Data: July22,2019 Project: Chlorination Contact Chamber County: Jefferson District: Denumont Contract Numbers 1YU0219-1S Contact Chamber Onncr: City ofItearanont . Contractor: Exenvntlon R Construction, LLC. C.O. No.l 2 I:R.t��'��Y:h1;x�;:�;•:,t•;�:cere'.�YY. j,�;�,�..�4„'��.��y��'[';O?�l�t'f(�y.1�i.N,.��y�,�.,..,,s�+�`r�y�w��w%t3PL'S��PIt7�1��d�i�3r��,�,,�{�ERi:9Yi`DYS+f�,`';ip�:,•a,�,;:;t���I'S'�w.yif�irai�^��e.,l , .. �''�', , �,., k•..,..L��,�.a�..c .Sr't: e; e.-........ t'.h��.,f'9;...k����!.1:f'.„�.�.i:L,..,..,. �.,..._.�,'r',a:Sif`1.........,...�...,..1.�.,.7,ti1 �Y�t,l1_�1,ir,N;;L�-70:.:15 L`I:I I:�S� Qumnlittes added to adjust fore change in ::rock regarding Oates. item No. Item Code Description Unit Original Quantity New unldtt $1,102,759.98 Unit Price Total 7 XXXX Weir Onto Seat Replacements Cul 4 0:00 $ 1200.00 $ (4,800.00 999 XXXX Unfarseen Work as Directed by tho Owner(ALLOWANCE) EA 1 0.00 S 50,000.00 S 50000.00 999 002 Remora and Replace Existing Oates EA 0 4.00 $ 2.500.00 S 10 000.00 999 003 Fontaine A uanoxWater Control Oates All Labor.Equipusent and Materials EA 0 4.00 S 15,228.00 S 60 912.00 999 OOa Vegetative Estnhlishment Sod and Watering) SY 0 750.00 S 5.00 $ 3,750.00 TOTAL: S19,86400 =:41�v ;(; t.f ,tqt;,� •:N.1!�y,.!. , , 7., •1�, � „. .,4a ..,. .. :r'•• .,.., . ,�v, .,. 1, • -y r, •: rrJ t5 tl t t 9 qq t�i' II�� f' t 1120. O$yr{d D $ �Qr� 1� t� .( x9 Z .it Fr t } 1 I' }ppy.4tt+fiLa9.71.}y ���.l:J�'ri.tLii.t'k�k ilk f l,.a, �.:I'i'. J174.•;!gpr�p7�n26D'�01'pICp�7{}(yIi'.(� J, !•e"�7i.'T,T7v. :�b.l: i7=4:,i�il:,T :Z �7.:y S .Ltu.�:1T,� ORIGINAL CONTRACT AMOUNT: $1,099,759.98 NET FROM PREVIOUS CHANGE ORDER& $1,102,759.98 TOTALAMOUNT OFTHIS CHANGE ORDER: $19,862.00 PERCENT OF TI IIS CHANGE ORDER: 1.80% TOTAL PERCENT CHANGE ORDER TO DATE: 2.08% NEW CONTRACT AMOUNT: $1,122,621.98 ACCEPTED BY: EXCAVATI I CONSTRUCTION,LLC-REP. EtATE PREP i E REVIEWED BY, MARbilt E. CROCHET, RO A ESIGNER I DA D1L J*- EPH ALANI, P. DATE APPROVED BY: r ATTES I ED DYr /I n)w KYLE HAYES, CITY MANAGER` DATE TftnROUSSARDX17YCEWCA -& 16 a b' 1Z s APPROVAL OT' CONTRACT CHANGE CHANGE ORDERNo. Ono (1) April 16,2019 Page 1 of 1 PROJECT: City of l3cftut=4 Texas Chlorination Contact ChamberRebabilltation OWNER: City ofl3eeumont, Texas 801 Main Street 13eaumont,'Texas 17104 CONTRACTOR: 8Xchvallon & Construction, LLC 6601 Proctor Street Port Arthur, TX 77642 TO THE OWNER: Approval of the following contract change is requested Reason for Change: The Contract initially called for Class B conatta for the 6" rip rap replacement. Excavation and removal of the existing concrete sloped revealed field conditions that require a higher strength design mix for the rip rap. Item 10 will allow for Class A concrete (higher strength) to be installed ORIGINAL CONTRACT AMOUNT: S 1,099,759.98 TWS CHANGE ORDER Description: Unit Ptim OYny Net Change AR Item 10 6" Concrete Rip Rap Replacement, Class A Concrete 5890.3$/OY 600.00 S 534,228.00 An$lu$ T Item 2 Reduce the quantities from 800 Cyto 200 CY S (531,228.00) TOTAL AMOUNT OF TWS CHANGE ORDER. $ 3,000.00 TOTAL REVISED CONTRACT AMOUNT INCLUDING TATS CHANGE ORDER: S 1,102,759.98 CONTRACT TIME Original Contract Time: 150 Calendar Days Additional Time Requested: 0 Calendar Days Revised Contract Time per this Change Order: 150 Calendar Days CONDITION OF CHANGE: "Contractor acknovlledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order reptWahts full compensation for all inoreaded and decreases in the Cost of, and the time ttquired to perform the entire work under the Contract arising dircotly or indirectly from this Changs Orddr and all previous Change Orders. Accaptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order reptetents aft all inclusive, mutually agreed upon adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." Recommended by: LA O I t vpltzofeaumont lic orks Director Date: Approved b� I Il City ofBeaumont Owner Dater 2Ur 11 Accepted by: Excavation &Construction, LLC Cbntraotor Date:.. .V&/M .. BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: September 17, 2019 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the lawsuit styled Darryl Daw v. The City of Beaumont; Cause No. B-203167. BACKGROUND The lawsuit styled Darryl Daw v. The City of Beaumont; Cause No. B-203167, was presented and discussed in Executive Session held on August 20, 2019. The City Attorney is requesting authority to settle this suit in the amount of $50,000.00. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, the lawsuit styled Darryl Daw v. City of Beaumont; Cause No. B- 203,167, was discussed in Executive Session properly called and held Tuesday, August 20, 2019; and, WHEREAS, the City Attorney is requesting authority to settle the lawsuit; and, WHEREAS, the City Council has considered the merits of the request and is of the opinion that it is in the best interest of the City to settle the suit; 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 Attorney be, and he is hereby, authorized to settle the matter of Darryl Daw in the lawsuit styled Darryl Daw v. City of Beaumont; Cause No. B-203,167, for the sum of Fifty Thousand and XX/100 Dollars ($50,000.00); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the lawsuit. 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 17th day of September, 2019. - Mayor Becky Ames - c BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: September 17, 2019 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Taylor Dill. BACKGROUND This matter was presented and discussed in Executive Session held on September 10, 2019. The City Attorney is requesting authority to settle this claim in the amount of $13,531.60. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, the claim of Taylor Dill was discussed in Executive Session properly called and held Tuesday, September 10, 2019; and, WHEREAS, the City Attorney is requesting authority to settle this claim; 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 Attorney be, and he is hereby, authorized to settle the claim of Edna Hornsby for the sum of Thirteen Thousand Five Hundred Thirty-one and 60/100 Dollars ($13,531.60); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the claim. 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 17th day of September,_ 2019. - Mayor Becky Ames - F -C BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James Singletary, Chief of Police MEETING DATE: September 17, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute all documents necessary with the Texas Department of Transportation to accept federal funds from the National Highway Traffic Safety Administration. BACKGROUND The grant funds will provide funding to assist in enhancing the safety of the motoring public and reducing motor vehicle crashes. FUNDING SOURCE City would receive grant funding in an amount not to exceed $93,939.37 with a city contribution of $27,452.55. RECOMMENDATION Approval of the resolution. J RESOLUTION NO. WHEREAS, the City of Beaumont has been notified by the Texas Department of Transportation that it is eligible to receive funding to assist in highway safety enforcement; and, WHEREAS, the City of Beaumont recognizes that the safety and security of the . motoring public is of paramount importance to the City; and, WHEREAS, the City of Beaumont strives to enhance the safety of the motoring public; and, WHEREAS, grant funding through the Texas Department of Transportation would assist in enhancing the safety of the motoring public and reducing motor vehicle crashes which often result in loss of life or personal injury; and, WHEREAS, traffic safety enforcement and encouragement of safe driving habits are a significant goal of the Beaumont Police Department; and, WHEREAS, the City of Beaumont has been notified by the Texas Department of Transportation that it is eligible to participate in a Texas Traffic Safety Program and receive federal reimbursement grant funding in an amount not to exceed Ninety -Three Thousand Nine Hundred Thirty -Nine and 37/100 Dollars ($93,939.37) pursuant to the project titled "STEP Comprehensive Fiscal Year 2020" for occupant protection enforcement, reduction of alcohol and drug related driving incidents, speeding enforcement, and speeding related crashes; and, WHEREAS, the City of Beaumont has agreed to contribute Twenty -Seven Thousand Four Hundred Fifty -Two and 55/100 Dollars ($27,452.55) as its portion of the costs for the project titled "STEP Comprehensive Fiscal Year 2020" which is for the period of October 1, 2019 to September 30, 2020; 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 of the City of Beaumont be, and he is hereby, authorized to execute all documents necessary to apply for and receive funding for the project "STEP Comprehensive Fiscal Year 2020" and take such action as necessary to implement the project which occurs between October 1, 2019 to September.30, 2020; and, BE IT FURTHER RESOLVED THAT'the City Manager is authorized to accept and disburse the federal reimbursement grant funding in an amount not to exceed Ninety - Three Thousand Nine Hundred Thirty -Nine and 37/100 Dollars ($93,939.37) and take such other actions and execute such documents as may be necessary and appropriate to implement the purpose and objectives of the "STEP Comprehensive Fiscal Year 2020" project recognizing the City's contribution match of Twenty -Seven Thousand Four Hundred Fifty -Two and 55/100 Dollars ($27,452.55). 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 17th day of September, 2019. - Mayor Becky Ames - Texas Traffic Safety eG rants Fiscal Year 2020 Organization Name: City of Beaumont Police Department Legal Name: City of Beaumont Payee Identification Number: 17460002789023 Project Title: STEP Comprehensive ID: 2020 -Beaumont -S-1 YG-00059 Period: 10/01/2019 to 09/30/2020 EXHIBIT "A" City of Beaumont Police Department STEP Comprehensive 2020 Texas Department Of Transportation - Traffic Safety Electronic Signature Authorization Form This form identifies the person(s) who have the authority to sign grant agreements and amendments for the Grant ID listed at the bottom of the page_ Name Of Organization: City of Beaumont Project Title: STEP Comprehensive Authorizing Authority The signatory of the Subgrantee hereby represents and warrants that she/he is an officer of the organization for which she/he has executed this agreement and that she/he has full and complete authority to enter into the agreement on behalf of the organization. I authorize the person(s) listed under the section "Authorized to Electronically Sign Grant Agreements and Amendments" to enter into an agreement on behalf of the organization. Name: Title.• Signature: '[- _ 2. Date: Under Under the authority of Ordinance or Resolution umber (if applicable) f Authorized to Electronically Sign Grant Agreements and Amendments List Subgrantee Administrators who have complete authority to enter into an agreement on behalf of the organization. F1Print Name of Subgrantee Administrator in TOOT Traffic Safety eGrants Title 9. �• Sb� T c GZ A 1 Y1 C _ 2. _ �� T )/ ,4 W 3. 2020-Beaumont-S-lYG-00059 Printed On: 9/11/2019 Page 1 of 1 Texas Traffic Safety eGranta Fiscal Year 2020 Organization Name: City of Beaumont Police Department Legal Name: City of Beaumont Payee Identification Number: 17460002789023 Project Title: STEP Comprehensive ID: 2020 -Beaumont -S-1 YG-00059 Period: 1010//2019 to 0913012020 City of Beaumont Police Department STEP Comprehensive 2020 FOR REVIEW ONLY - NOT A LEGAL DOCUMENT TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS - THE COUNTY-OFTRAVIS THIS AGREEMENT IS MADE.BY and between the, Statepf Texas, acting by -and through the T.OxasDepartment6fT-ran80orfAtiqn Nrbindftbr-ealled-the'Dbi)'ft gOrit'iand-thb, City Of Beaumont hereinafter called the Subgrantee, -and becomes effedVe-thein fui'lly executed by both parties, For the purpa5e of this agre�ernont the SUbgrgntee is designated . as a(n) Local Goverrim parties* It Distftt.- AUTHORIT-Y,'Texat.Transportatibn.Qode-Ch'a�.tqr723, bTrafficSafety ,Actof 1967, and M. ffie:, Highway ," P .1g waySafety IA'n.for*Uie Fikal'Yedt,2020. NaMe of the Federal 0 Agency: - National Hl hwav,Traffic Safe Administration . .9 ty CFD,ATVumber 20.600 GFDATifle:.State, and Community Highway -Safety Grant Program Fundifig Poyrqpt. Secff on 402 DUNS: 07390/118 FAR 18X9204026TX20 69A"37620*J300004020TX0 Project Title: STEP Comprehensive This project. is Not Research and Development .Qrant Period: This Grant bdcomes effectiV.0 on 10101/2019 or on the date of final sig4ature of both pailies, 'whichever ig later,- and ends on 0913012020'untess.termin'cited or.otheWise modirie.d. Total Awardo.d.. $12139.1.92 Amount. Eligible f& Reimbursement by the Departffient:.$93,936.27 Match Amount provided by.tihe Subgrantee: 07j462.66' 2020 -Beaumont -S-1 YG-00059 Printed On: 9/11/2019 Page 1 of 33 City of Beaumont Police Department STEP Comprehensive 2020 FOR REVIEW ONLY - NOT A LEGAL DOCUMENT TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT The signatory of the Subgrantee hereby represents and warrants that she/he is an officer of the organization for which she/he has executed this agreement and that she/he has full and complete authority to enter into this agreement on behalf of the organization_ Subgrantee Signature By checking this box, I agree to use electronic signatures. Furthermore, I confirm that I have signature authority to execute this document and it is an electronic representation of my signature for all purposes when I use it on documents, including legally binding contracts ---Aust the same as a pen -and -paper signature_ Name: Title: Date: TXDOT Signature By checking this box, l agree to use electronic signatures. Furthermore, l confirm that I have signature authority to execute this document and it is an electronic representation of my signature for all purposes when 1 use it on documents, including legally binding contracts ---just the same as a pen -and -paper signature. Name: Title- itle: Date - Date: 2020 -Beaumont -S-1 YG-00059 2020-Beaumont-S-1YG-00059 Printed On: 9/11/2019 Page 2 of 33 City of Beaumont Police Department STEP Comprehensive 2020 GRANTAGREEMENT GENERAL TERMS AND CONDITIONS.(Revised-07/18/2019) Definitions: For purposes. of these Terms.and Conditions, the'Department" is also known as the "State and the °prospective.primary participant' acid the '.'Subgrantee" is also knowni as the. °Subrecipiertt" and "prospective lower tier participant" ARTICLE 1. COMPLIANCE WITH LAWS The.Subgranfee shall comply With all federal, state; and local laws, statutes, codes, ordinances, rules and regulations, -and the orders end decrees: of. any:.courts. or adr6inistrk6,e bodies'or tribunals. in. any matter affecting: the performance df this agreement, including,.witiiout limitafioh, workers' compensation laws;- irnnimum acid .hiaidmu' salary and wage.statutes and regulations; nondscnmination laws and regulations, and licensing laws and regulations_ When required, the Subgrantee shall furnish the Department with satisfactory proof of:compliance. ARTICLE 2. STANDARD ASSURANCES The.Subgrantee assures and certifies that it will comply with the regulations, policies, guidelines, and require CFR, Part 200; and the Departimnt's-Traffic Safety Oro" IWlanual, as: they relate to the application, acceptance; and use of federal br state funds' for this project Also; the Siibgraittee assures and 6e !A es A..It possesses legal authoiity to apply.for the grant; ohd that a resolution,. motion, or similar action has been duly adopted or passed as.an official act of the applicant's governing body; authorize" g the filing.of the -application, including all underatanditigs and assurances contained in tfie.applici&h' and directing acid aufhonzing t66 persan identified a6 the official .representative of the applicant to actin' connection vuith the application and to provide any'additiodal information that rrlay be "required. B, k and its s>.ibcontractors'will comply wfth Title VI of the'Civil Rights.Acf-of .1.904 (Public Law $8- 352.). as amended, aril in accordance with.that Act, no person shat] discdminate, on the grounds of race, color, sex, national origin, age, religion, or.disabifity_ 1. C. It will comply. with requirements of the provisions of.the: Uniform. Relocation Assistance and Real Pro peify Acquisitions Act of 1970,: as amehdeif; 42 U8.0 (United.Sfates..:Code)'§§4601 et seq.; and i. Uriited.Stafes Department of Transportatidn.(USDOT) regulations, "tlhiforrh Relocatbon and Real Property Acquisidoh for Federal and Federally Assisted Programs,"..49 CFR,, Part 24; which provide for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs_ D. Political activity (Hatch Act)'(applies to. subrecipights as well as.States). The State will comply with provisions of the Hatch Act {6 U.Q.C. i 501-15Q8) which Gmits.the political activities of efnp.[oyees whose principal emp[oyRient activities are hi ided in whole or in -part with Federal funds. E_ It will compiy.withthe federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work F., It will establish safeguards to prohibit empldyeee fromu '- 'their positions for a purposethat is :or gives•the.appearance 6f. being motivated by a desire for private gairn.forthernselves or others, particularly those with whom they have family, business, or other ties. G. It will:give ihe.Department the access to and the right to ejOrnine,all records, books, papers, or documersts related td this Grant Agreement. 2020-Beaumont-S-1YG-00059 Printed On: 9/11/2019 Page 3 of 33 City of Beaumont Police Department STEP Comprehensive 2020 H. It will comply With all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. I_ -It ted oghizes that many federal arid'state laws impb§ihg 6hvironrribrital arid fetburic-e coilservO ' on requitem6hts may apply to this Grant Agi­66ment.A '36me,`but hot Oil, of e mqo laws that P. �h r.f6d6ral' May a . fifect the project include: the - N6bon'a]'Env'i'ron'me.t'i"tal.P'b.liqy, Art of 1969, as binon . ded, 42 USC §§4321 et seq-,; the Clean Air Act, as amended, 42_.U86 §§7401'et seq- and sections of '29 USO- the Federal Water Pollution Control. Act as amended, 33 USC §§f2'81 et seq., th6 Resource Cbftso'rvafion.*and Recovery*Act, 6s:amended, * . 42 USC §§6901 et.seq.; and the Comprehensive 1 nmenta , R ­espoh,T*`e, ompensati6hC ,and'Liability Act, � The Subgranteeal§b ,­i*o'gR_4e s. that the` U.S. _Ehivirbnrijental'Protect i ,�.Age�cy,s,V! $GOT ,and 'oh er WOFAagbntie8have issu&d,aand in the futeire:are expected to -§sao, regulation, guielih6s, .standards, orders,: directives; ol.other rpquii that may affect this PrqjectThus, it agrpes to comply, and assures the:core (pliance* of each toritir'acto'Kand each subcontractor, -with any federal requirements that the federal government may now or in the future promulgate.. J.- It Wilf-comply with the flood irisurince c a requirements . 'of Section 102(4) of the Flood _piorc sp Disast.efPrdtecti.6hAct 6f 10(4�.fequjfps,-ohand after Match 2, 1975, thb`ourcha86.of 'flood insurance. in cQr . nmuniffes whpt6 th4A'insurance is availzible' as* a condifian.fof-the recdpt'6fany fe&ra(fi­n'an'c­ial assistance for construction or acqp - isifidin purposes for use in any area ifiait has been identified by the Secretary cretary of the'Depaftment of'Housihg and Urban Development as an area having special flood hazards. Thd phrase 'Yedm ....[financial assistance" includes any form of loan, grant guaranty, insurance ppyrnent, rebate subsidy; disaster assistance can or grant, .or any form of-dim'c'66'r indirect federal- -assistance, K -ft will assist.the Department in its compliance with Se6tion 106 of the National Histor -Ic Preservation Act 411968 as amended '(M:USb 4170 et se.q-),:E. xecdVe Order, 11593, and the Antiquities Code of Texas (National Resources -Code, Chapter 19f). L It will :comply with Chapter 573 off.46 Texas Obvemmeht.Co ' 'do by ensuring that no officer, employee, or member ofthe Subgrantee,s'.Jdve miing boaid orthe' Sub9 rAhtee's subpoilit . ractors-shall vote of confirm the employment of any person related within the -second degree of affinity or third degree by consanguinit y to any memb6r of the gov.emirg.body or to, any other officer or einployee authonzed to emildypsuperVise that ppronTh!s p phibit6n shall 1rctapplytothbeployment o f a person'described in Section 573.062 of the Texas (3overriment. Code - M. It will ensure ffiat-all information collected, assembled; or maintained by the applicant relative to this prpject§hall be available to the public during normal business hours in compliance with Chapter 552 of the Texas -Government Code, unless otherwise expresslypro" :ded by law. N. If appliceible, it Will&,--cdmply with Chapter 55.1 of thd,TexasG9vemmeirk Code,- which requires all 'd regular; 'm6effids of.pverhm6htal bodi6s to be open to:ffie 'public; except as otherwise' provided by law or specifically permitted in.flbe' 'Texas ConstkLAioh, ARTICLE 3. COMPENSATION A- The mettiod.of payment for this agreement Will.lp.e based on actual'costs incurred. up to and not to exqeqd..the Jim . fts specified in the Project Budget. The amount included:in a Project. Budget category .win er-amount-r-an e .,pd�&erii,&dto-bE�'ane§tmate.ofifybndEj'high 6 '' reimbursed, subject the. conditions 'IN i paragraph 6 of this Article: If the Project 90dd6t spb'�­ifi6s . that costs. are �e jQns �peq. e in er-uni cost, h- fi b based spe6ific f�A&,'p oroihermet.0d.o paymdnti'tb�im,&§6rhent,W e.based on the specified method - 2020 -Beaumont -S-1 YG-00059 Printed On: 9/1112019 Page 4 of 33 City of Beaumont Police Department STEP Comprehensive 2020 B. All payments will be made. ih accordance with the Project Budget. :1. The Sbbgrantee's expenditures may . get y ovQrrun-a bud . -category o.r.11.1) in1he-approved Project Budget wi.t.hbUt a'grant '(budget) amendment as I as the overrun does nofekceeda'total of five (5) p efdent of t.h-e'Ma)amum -amount e4gibie. for r6imburs6iment (TxD0T) ih:the`attached Project Budget:forthe currelrit.f0cal.year. Thisoverruh must bd'6ff-sbt by on 6qqival6ht Undprrun elsewhere in the Project Budget. 2 -If the overrun is five (5) p9rcent or less,. the he 8u,bgrantee Must provide written not . fication to the Department, throudh the TkD.QT Electronic Grants Manaigement.System (eGrants), pr or to the Re 'pt; e the amount, the'perceff ovPirl and the spe'C*Ifi.b'fe6soh6I for th6.dv6mun. I Any overrun of more than -five (5) percent of the amount eligible for reimbursement JxDOT in the attached Prp'ject:Budget requires ain'amendment ofthis Grant.Agreement 4- The.mhximurn amount eligible for reimbu* merit shall 66t.ii6 increased above the Grand Total Txb.OT. AMoiunt in the ppoioV6q Project Budget,.unless this 0 *rant AdreeMe s' ntisarnend6d",'.'a described in Arkle 5 of this agreement 5. For, Selective Traffic. Enforcement Program (STEP) grants only: In the Project Bu0gA. ,5VbgrW'q'es­a.re n6't'.a'Il0W'ed`tq TOOT i"6urit of (100). Salaries, . .Subtat do6e A."Enforcement, or ]6�,- i6 6x6�� xDOT'aCn6uht listed in Subcategories 1 .15 . P, "PI&E the T SLIc'ategor ' ' ther."ANo. $A-r-antp'es' a'' �ildwid to uhd.'e' y C, '0 re. not rrun.-funds.Wom the TkDOT zfmount'ot(l'bO)SAlarie-§,'!�dbea es'A",''' rcem64,�d( .,iOth7Lir'lt.tokceed'fhe'Tx*DO-r ­ Subcategories .. .. . .. .. 'C, for J. . . amount listed in B,- "PAE.,�cti The TxDOT amount for Subcategory B, TKE Acti46s," or.C, . "Other," can only be exceeded within the five (5) percentf[ex6ilky,With Lniderrun fun.ds from OUdget. GqtqqqRlq'�sJl or 11.1. _C. -T9 be eligible fdr reimbursemefit under this agreerhei --k cost Must be, incurred in accordance with the Project Bud&t, within the time fralme specifiddln'fhe Grant Period of this is' Grant Agreement, . attributable to work. coiv�red. b this agreement; and which has been'completed in a manner s s6ti.: .. . . Y. .factcry,and acceptable.to'the Department. D.. Federal or TkDOT funds cannot suoplaht (replace) fun from any other sources. The term "suppla�htilhW'refers to the - . Use ise of federal or TO& funds to support persoh I rfel or 'ah activity a] . ready supported by local or state funds. E_ Payment of costs incurred undef this agredment-is fu.rth& governed by the. cost pCinciples outlined. i'n''2CFR Par't 200. F_ The Subgrantee agrees -to submit monthly Requests for Reimbursement as designated in this Grant Agreement,within �.thirty (36) days after the end of the billing period. The Request for- 1116'irfi bbrs''emeht and appropriate s "' orUhg documentafioh mustbe submitted through e6 rarts... G. The Subgraihtee ,agrees to submit bmit the ficial Request for Reirribuirsement under this agreement within forty-five (45) days of the end . of the grant period_ H. Paythppts are qbnfing - 601- upon the availa.bility..of.apo te roprib dfunds. L Proagreements:-suppqrt6 J06t d with federal or TxDOT funds are limited to the lqhngthofthinGraht speci -�pjbm - I .. . .­:'. .. .. 1. Pe"Ho''d ifie-d in bi4tfig Agreement. f -the Depapielnt dkeiminie§ that ihe'pir&Ibct'ha's demonstrated mentor -has p6t6niialIong-range benefits; the Subgrantee may apply 'for funding assistance bevond the inWal-aureemerit Detiod. 2020 -Beaumont -S-1 YG-00059 Printed On: 9/11/2019 Page 5 of 33 City of Beaumont Police Department STEP Comprehensive 2020 Preference for funding will be'giv.en-to projects based on (1) proposed cost sharing Arid (2) Oeffidn§trated p6rfortharice history. ARTICLE 4. ILIMITATION.OF LIABILITY Pay 'ent of costs incurred under this- agreemdrit i )on thL1 avAilab s contingent uj: 1(Ky.pf funds. If at: any time '. during this Grant Period, nod, the Department determines that ffie Ire is . insufficidht fundif6glo continue the project the beparimentshall notify the Subgrantee;gik4ng -notice of intent erA to terminate this agreement, as specified in Article .111 of -this agreement. If at the end of afederal fiscal year, the D6partmerit diete. ri-n. ines.t : ha . t ther . e is - sufficient 'funding and e project, the J performance to theproje D.6*tni6nt may notify the Subgrantee. to continue this agreement ARTICLE 6. AMENDMENTS * This.agr&rneritmay b6amended"priort6 its.-expir.ation by mutual written consent. i both partes, pti I iz I ng the Grant Agr'e 6 rriefikArfiefi men in'eGeant.6. _Any-an$e ofit 6driii must je'keduteiid' bythe ' Oafties . within theGrantPeriod, as specified in''this Granit Agreement. ARTICLE -6. ADDITIONAL WORK ANID CHANGES N WORK A- ff the Subotahtee is of the opinion that ahy-assigned-work. is beyond the scope ofthis . igreeMeht and constitutes nstitutes additional work, the '* Subgrantee shall promptly notify the Department . in writing through, ebrorits. -If"the Department finds that such work ' -d does i a ' ddificnal wok the DepArfffient -shall Eto�se fhe:9db r * t' This agriperhent,wi be ... grantee and a:written omie'nl'n " - '': ill *' dx&u'f&da'acccrding to Article, knendihents,­6 0 . :'d& prit 0 MIR �qo d W rk on the ��arn.& basis as theoriginal Work- If Performance of the additional V�'O`T'k will cause' the'.M'a)a" payable - - ... _ .... . I mgm amount pay&O'to be exceeded; `k` - 'raht-ame''dMent is dpd, the wd'f will not be performed before a written g n executed: B:. If the: Subgrantee.ha8 submitted work in accordance with the terms of this agreement but the D*artr�lf requests cha'nge§ to'the corh_pI.et'bd'w­'o'ik or f th work.Which part$o. ewo Wh . invo.lVe.-chan.gb.sto thp.oOdlrlial ,cope,of services- oftharitcter of Work tifidefAhis'agr6emerit, the SUbgrahteie shall make ns as req. d diee6ted 'by the:Department. * ­ requested tiesi an those - reV's'ofor . �: enit.'This will be''c'ofi§id.6rvd as addRion8f work and'VIA'1111 be paid foras. specified in this Articte. C. If,th6 Subgrantee submits work that does not comply Y�o the terms. of this pgreeftienk. thip QeO.'�MO " th*� Sub*gr�6teet q .ritsh.b.11I.Instruct o, make,tiny revisions. thEit-afip necessary to bring ft Work into -compl&ce with this';aoreement No additi6af:cdnibe6iatioh shall be. paid for this Work. D. The 86bgrantee shall make revisions to theh work authorized in this agreepnent-fhat-ard necessary to correct errors or. omissions, when required to do . . go by the Department; No additional pompensaffon shall -be'paid for this Work LT ' he Department shall not he responsible for.'acfibrig by . the, Su -4 0rahtee'or any costs incurred by the Subgrantee rantee relating to additional work not dieectily associated .with or.pribr to the -execution- of an amendment. ARTICLE T. REPORTING AND MONITORING mot.later-than thirty (30) .days after the . end of each reporting 'P.eflod1, .. the Subbrantee shall,submit a performance report through e6r�ants._ Reporting periods vary by projedt duration and are definedas 'follows: 2020 -Beaumont -S-1 YG-00059 Printed On: 9/11/2019 Page 6 of 33 City of Beaumont Police Department STEP Comprehensive 2020 1. FQ'r'.s.hoft term projects, the er'e'p*of'tin'g'period is thOurati6' of the project. Subgrantee 'shall -submit A Performance repoft Wkhin­30-da'ys of project cum Oletiori- 2- For longer projects I the reporting period is.mon'thly. Subgrantee shall *submit a performance report within 30 days_ of the completion of project month .30 -days. of pr6icici cbrnwetioh. y and within 3. For Selective Traffic Enforcement Program (STEP) .Nave projects, the reporting period is each billing cycle. Subgrantee shall submit a performance report within 90 days of the completion ofeach billing cycle.. B. The performance:fep6rf will iRctudp, as -a ffiinir�uin: (I)a comparison of actual.accomplishments p1t§hmenits e to tjh6st$iiblisihedfor thd period, (2) reasons why tal '6s jlish6d -66ective§ and performance meeistireswdre not met, 'if appropriate, AM (3)other '..perU'.n'on.t.ih'f.o.tfn6fion,'including; when appropriate, an analysis and explan6on of cost underruns, overruns, or high unit costs. C: The Subgrantee shall promptly advise the Departrhqnt; in-writirid, through eGrants, of events that will have a -significant impact upon 'this 'agreement, including: .1- Ptohl ems, delays; Qr-adverse.conditi ons, including -q change of project -director or other changes in'S�bbr'riie6.p 11 1 �:andpkormarce er�s6 " ' I i�fbrf6ily affect. th'e abillity-to -atlaih -0�j6ctives - nnel,.that Yw .. ... .. . .: .. . . tffeafki�6�, pr��6r� the' meeting of timp� sqhpd 'd` b- 'etlude the attainment of plp� an, o jectives or p!., tt project , objectives 'o'r"p'e'efq'rm'4n'p e-'.'m'Je'a_,4'0-res­ by -t -h ie,'6- st t8blished time Odio*ds'- Tfiis.disclo* ure.shdl tie accompanied .. by -a statement of 'A " taker( 'ked and ariv 1)'', dd' e action ta eO or contemplated any Department era[ assistance 6&ed6d to resolve Ihe'situation­ 2. Favorable developments or events that enable meeting fime,sefiedule.S and objE�CWP�3.sOoner achieving . �r performance ' ' `.6 than anticipated. achi. . grp4 -meaiui ootput-thbn originally projected. D. The - S - ubgrahteo, shall submit the'Final Performabde Report ftough eGrants-wlihih thirty (30) daysafter completion of fhe grant. ARTICLE 8'. RECORDS The:S9.b rantee-agre6s.to maintain 01 reports, documents,,pa and 9. . pqrs, accounting records, books,-. other evidence pertainingto:costs 't , osts incurred and work performed underthis agreement (called the 'Records") and shall make the Records 6vailable.at-fts offide for the time period authorized within o�,`as-`sp&ci specified in this -Graht-Mre6r�er'. ghtee agrees s to. f0ta - in - the e the 0 A' n' t Period, it.J-66 ,56bdr' r: R�e6o--rds-fibr four (4) y�. a.�s from -n -the -date. of final paymen`t unde*rihis agreement, 'until cornpletionuif all audits, or Until pending litigation hag been completely and fdlly'r6g'0'fv6d,.Which6Ver occ'urs.164. Duly authorized representatives of the Dep artm0t, the USDOT, the Office of the Inspector General, T(* State'Auditdr, arid.the.Cot�iotr6ll6r'(3eneral*shaU hav"e accessIothe*RecoMq_ This -'right of access is not limited to the (4)'ye*E'Ir'pe`nod' 'b­ut§halHa§t as long as the Records are retained. ARTICLE 9.- 'INDEMNIFICAMON A . n �O Ot permitted.by. law, the. Subgrantpe, if other than a government entity, shall. inde.Mffffy, �ht Arid its bh employees fro ll'-cl i s and liability hold;. bhd.�saVe harmlos*..66.0�pa&�L d eni*pl" iria 6 th zi drte'to time act's or omissioriS of the: sutigrarrtee; its agents,. or erhployees. gran. a so anyand all expenses; including. but not limited to-6ftorneyf'044, all coOrt . rusts and d b : ward . sf or damages incurred, by the ..Depaifment in litigation or otherwise resisting claims or liabilities as -a result. of any activnjies of -the Subgrantee; its agents; -o.r employees. 2020 -Beaumont -S-1 YG-00059 Printed On: 9/11/2019 Page 7 of 33 City of Beaumont Police Department STEP Comprehensive 2020 E3, To. the jextent perfnittpd.py low., the Subgrqjiittej if.6ther than a. dqvpMrqpnt entity; . agrees. to prptpct, irdehirfify, and save h�r&ildis the Departmentfrm and.agai st aH claims,hand$, causes of kfionbf.eyery ldnd and chafA6ter brought by 4hy'emplogee of th*6&ftrafite6m against the Department duie''bo ersonal or death of any employee resulting from.ahy alleged nejibent p P act, by either commission or omission on the part of the Subgrantee. Q. If the.Subgrantee is a government ehfty,.both parties to this.aqreement.agrd6.that no party is an agent servant, or 6' it sibl6'for it,§'indiVi . dual rnployeb of.thO -other patty and -Oach'pa�'­y' ajrOes 'is responsible: ithd a*b'ts, and d6eds­ of t§ cohtfactdr�, qmOlo'y`e' (e enWiVes-, and a0s'.0hd'deeds, 'as well a', es, rep . s agents- ARMCLE 10. DISPUTES AND -REMEDIES This agreement'supersedes any phor oral or written agreements- If a conflict arises between this agreement and the Traffic 'Safety Ptogram.Manual,' this.'agreement shall govern. The Subgrantee shall be reso6hsjble fort e.66.41erheht of all "contractual. arid administrative issues zris.i6g out Of procur6tbent:triade 4yth.e. Subgra-'noe-in support ofwork Lnd this pgreempnt..Diout6 s concerning p6rf6rmancqprpayMrtshqll.bp submitted to(he:Depqtmeiitfor se.tfsrnent, with We Director of his' .6r'her.-de sig ineeaictih'tl as final r' d'ere`e.. ARTICLE 4C TERMINATION A_This b*gree,merit.-shall femaihin'effect until the. -Subgta'nt.ee'has:.s-atisfactorily'co�npI completed all services and obl&tJo'n's'des'c'dbed'i ii this agreement efit and these have been accepted by the Department, unless: I.Tbis.agreeineritisterminate.d.inwrifin9 with the. mutual consent of both parties- or . 2 There is a written thirty (30) day notice by either party; or :3r The Djappitrnprit oetermings that the perfofthanpe of the project is not in the best interest of the De�.4ftrnehi acid informs tfie'Siubgranfe 6't'hat'the'-13 " �6jkt' is terminated ed immediately . B_ The ' Department shall compensate the Subgranteeforonly those eligible expenses incurred duripit'he'G.... .: riod spev ified in this GraritAgree` ment that are directly'attributable. to -the Grant Pe. cotplete-d po ftion of the work. covered by'this agreement, provided that at . the work has been c6mgl . 6t6 - d in a manner satisfactory. And . acdb - ptob. ih6 Department. ment. The.'Subgrantee 'shall not incur nor be: "reimbursed for any new obligation's a'ft* ate of termination_ the effiective'd ARTICLE 12ANSPECTION OF WORK A The Department and, when federal funds are involved., the USDOT., or any of their authorized representatives, have the right at all reasonable times to inspectorotherwise evaluate the.work perform.ed.or being performed under this agreement and the premises in which it is being performed. B; If ahy irispection* evWdation i§'rijade on the prernises"of t!16,8LIboranb�_e or its sUbbontract6rithe subgrahfbO shall pi�q� Oe. qhO . r &Ouird'ks! qqbcoi . *k . tar to . Oro . v j6AII rqaso . i . i6le . facil: 'es" d' N. an. assistance i6r the safet con t" i"A' pe" ri-fia"c**. 6 ya convenience of the inspectors in , e rfo n e o their dufies_ All inspections and evaluations shall be performed in -arnannerfhat will not unduly delay the work. - 2020 -Beaumont -S-1 YG-00059 Printed On: 911112019 Page 8 of 33 City of Beaumont Police Department STEP Comprehensive 2020 ARTICLE'13. AUDIT The State auditor may;condupt an audit or investigatioh of any entity receiving funds from the state directlyunder this agreement oe indirectly through a:suticoritract.under N. agreement- Acceptance of funds directly under this agreement or indirectly through a subcontract under this agreement 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_ An entity that'is the subject of: an auditor invostigation mpro ust vide the state auditor with access to any information the state auditor considers, refeventto the. investigatibn or audit. ARTICLE 14. SUBCONTRACTS A subcontract in excess of $25,000. may not be executed.bythe.Subgrantf e.without prior written c .neurreride by the DepartMent Spbcohtracts in excess of -$25,000 -shall contain all applicable terms arad;coni9itions of this agreeinenf No subcontract will relieve the'Subgrantee .of its responsibility under this agreement_ ARTICLE 15. GRATUITIES A Texas.Transportafion Commissibn policy mandates that employees of the Department shall not accept any berieR gift, or favor from.any person doing business with or who, reasonably speaking, may ijo business with the Departmerit under this.agreement. The only.exeeption$ :allowed are ordinary business lunches and items that'have received the advanced.vNrit%h approval of the - Departrilent's Eceeutive Director. B. Any, person doing business.with or -who reasonably speaking may do business with the. Departrnent-under.this agreement may not make any offer of benefits,. gifts, or favors to Department employees,.exc ' ptas mentioned, here above: Failure on the.part of the Subgrantee to adhere to this policy may result in termination of this agreement ARTICLE 16. NONCOLLUSION The Spbgrantee warrants that it has not employed or retained any company or person 'other than a bona fide employee working solely for fie Sutigraratee; to •Solicit or.'secure this agreement, and that it has not paid or agreed to pay any company ar person, other than a bona fide.empioyee, any fee, commission, percentage; brokerage fee, gift, br any other consideration contingent upon or'resulting from the award or making of this agreerniank if the Subgrantee breaches or violates this warranty, the Bepartinent:shall have.the.right to annul this agreement Withoutliability'or, in its discretion,. to detiuct.from the agreement price or;consideration, or otherwise recover the full amount of such fee, commission, brokerage fee; contingent fee, or gift: ARTICLE 17. CONFLICT OF INTEREST The Subgrantee represents that it or as.employees.hove no eonfliet. of interest that would in any way interfere with its :or its erriplayees' pertorm6rnce :or which iri airy way conflicts witty fhe::interests of the DepartYneht The Subgrantee shall exercise reasonable care arjd diligence to prevent ally actions or cornditibns that could- result in a conflict with the Department's interests_ .ARTICLE 1$..SUBGRANTEE'S RESOURC _S .&The-Subgraritea certifies that it presently has'.adequate:06plified:personnel iri its employment to perfbrrii the work required under this agreement, or will be able to obtain such personnel from sources other than the Department 2020-Beaumont-S-1YG-00059 Printed On: 9/11/2019 Page 9 of 33 City of Beaumont Police Department STEP Comprehensive 2020 B: All employees, of the Subgrantee shall have.the knowledge.and.experlence that will enable them to perform the. duties assigned to.them. Atiy emplopee of.the Stii?gr ithe who; in th6 boinion of the Department, is incompetent or h►hose.coriduct becomes oeirimental to the work, shall immediately be removed from association with the project: C. Unless -otherwise specified, the.Subgrante.e shall furnish all equipment, materials, supplies, and other resources required. to perform the work. ARTICLE 19. PROCUREMENT AND. PROPERTY MANAGEMENT The: Subgrantee shall establish and administer -a system to procure; control, protect, pteserve, use, maintain, :and dispose ofahy propeef furnished to it hjr the Department nr purchased pilrsuarit to this:agreeinent in accordance with its. own procurement and property rnanagetn 'ht procedures, p ovided`t}iatthe procedure's -are hat in conflict ivith (!)the Department's procuremcht and.property management standards and (Z) the federal procurement and property management standards provided by 2 CFR §§ 200.310-.316, 200.318:32-4. ARTICLE 20.OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY Upon completion or termination of this Grant Agreement, Whether -for cause or.at the convenience of the panes, all finished or uh6nished :docurr�erits, data;:stydies,.surveys, Teporis, maps, dravtiiings, models; photogrepFis, etc_ prepared.by:the Subgrantee, and�:equipmeht ptid.$ ppliee.pur6h4sed With grant funds:$fiall, at:the option of the Depaitrrienf, hecorrie the property of the Depariment.:A1i sl«tGhes,"pbotograplisj calculations; and other`data prepared under this agreement shall be: made available; upon request, to the t3epartment without restriction or limitation of ttiei further. use: A. Intellegtval proPerty consists of copyrights;.patents, and any other form of intellectual property rights_ covering any databases, software, inventions, training mahuals, systems design, or other proprietary information in any form ar medium. B: All nghts:to Department The. Department shall oWn all -Of the rights (inc)uding copyrights, copyndht.applicatioris, copyright renewals, and :copyright.extensions}; Oe.`and interests: in and to all data, and other infoniiatiori g6veloped under this contract aril ►iersions.theieof unless otheiviiso'. agreed to in writing that there will be johil'bwnership. C: All.rights to .Subgrantee*. Classes and.materials initially developed by the Subgrantee without any type of funding or -resource assistance from the.Department remain the Subgrantee's intellectb? l property. For these. classes and materiafs,.tfie Department payment is limited to payment for attendance at classes_ ARTICLE 21. SUCCESSORS AND ASSIGNS The Department add the.Subgrantee each binds itself, its successors- executors; assigns, and ad to -the other par[y to this agreement and to.fhe successors, executors, assign; and administrators of the other party in respect to all covenants of this agreement. The..Subgrahtee shall .not assign, sublet, or transfer interest and obligaiionsin this agreement without written consent of the.Department through eGrants. ARTICLE 22. CIVIL RIGHTS COMPLIANCE i4 bornpliamce with regulations: The Subgrantee shall comply with the regulations relative to nondiscnmination in federally -assisted programs of the Uhited States Departmeht ofTranspartation 2020-Beaumont-S-lYG-00059 Printed On: 9/11/2019 Page 10 of 33 City of Beaumont Police Department STEP Comprehensive 2020 USDOT : 49 GFR, Part21;23.CFR, Part 200; and, 41,CFR,'Parts.60-74, a'sthbymay be amended. perigdically (called the "Regulatlan& ). The. Subgrantee agrees`to comply with Executive Order 11246; entitled'V-_ u6 l Emp[6ymentOppartunity," as amended by Executive:W6r 11375 and as supplemented by the U -S. Department of Labor regulations tot CFR, Part 60). B: N;ondi$crimination: (applres to subreeipients as weN as States) The State. highway safety agency Will corriplywitli all Federal statutes .and implementing regulaf iohs re(66rig to b6hdiscriminati6rt '(sFedcral Nbridiscriminatjon A' thQriiee These include but an5xit limi#ed to: . Tltle VI ofthe Cfvfl Rlghts.Act of 1964 (42.U.S.C..2000d et seq., 78 atat_ 252), (prohibits di crimjnation on tate basis'of r�aee„coloT,.natjorial origin):and 49.G�1=R part 21; • The Uniform Relocation Adsist; ihce and Real Property Acquisition Policles.Art of 1970, (42 U_S:C. 4601 }, (prohibits. unfair treatment of persons dispiaced or whose property has been acquired because of Federal: or Federal aid programs and projects); . Federal Afd High'gay Act of 1973 , (23 U.S.G. 324 of seq.), arid'I itle:iX of the Education Ail e-ndmeints. if 7972; as aiimended (20:U.S.C. 1681=16$3 and 1685=168B) (prohibit discrimination on. -the basis of sex); • 'Section 504 of the Rehabilitation Act of 1973, (29 U.S,C_ 794 et seq.), as amended, (proIhibbits discriminetion on the basis of disabiiity) and 49 bFR part.27; . The Ag,Discrlminatlon Act of 1975 , as. amended; (42-U.50.. 6101 dt. 964L.), (prohibits discriniinatiori. onftte-ba4ls' of age); + • The Civil Rights Restoratiw Aet.of 1697, (Pub. L. 100-209), (broadens scope, coverage and applicability ofTitle.Vl of the Civil Flights Act of:! 964 The_Age Discrimination Actof 1975 arid,Section 504 of the:Rehabilitation Act of 1.973; by expo iitig the.' definiti)n bf t6e terms "programs or acf�vities” to include all of the programs or activities of the Federal ajd i;ecipienis, subrecipidnts acid contractors., w *kher such programs or activities are:Fedtirally funded or not); • Titles 11.and III oftheAmericans with. pisabilltfes.Act.(42 U_S.G_ 12131-11 189) (prohibits 'djscrirhihafibn on the basis of disability in the; operation of public entities; public and private trarisportafigri systems, places of public accoriinlodafibh,.and dertartrtestjng) and 49 CFR pmts 37.and 38; . Executive Order 12898.; Federal Actions to Address Environmental Justice in Minority Pgp.Mlatlons and Low -Income Populations'(prevents discrimination against i?7inority populations by discouraging, programs, policies, and :activitjes with disproporkionately high. and advorse.f .m uan heaIth.or environmental effects on minority and lour -income populations); and . Executive:Order 113166, liriproving Access to Services for Persons WithLimiteyl English.Proficieney (guards against Title VI national origin discrirhinationldiscrimihation because of lirhitetl Engljsb proficiency.(LEP) by ensuring ihai funding recipients take reasn.hoei sfeps 'tb ensure that LEP pers6ns have meaningful access to programs. (70 FR 74087-74100). The'Siaie Highway safety agency - Will take all measures necessary to ensure that no person in'the United States shall, on the grounds of race; color; hational origin; disability; sex,. age, limited English proficiency, or mernbership:in any other class protected.by Federal Nondiscritnihation,k horities; be excluded from participation in, be denied the benefits of; or be otl]eMise'suwected to discrtriiinatii.n ohderany ofAd. prograrns'or activities;,so'lohg asoily portion of the program is.. Federally -assisted; Will adminjster the program in -b manner that reasonably elisui:es.that. any of its subrecipients; contractors, subcontractors;:and: consultahts receiving Federal finaricial assistance Under. this program will comply with all requirements of the Non -Discrimination Authotii'ies identified in this Assurance: 2020-Beaumont-S-1YG-00059 Printed On: 9/11/2019 Page 11 of 33 City of Beaumont Police Department STEP Comprehensive 2020 • Agrees to comply (and require its:subrecipients;.contractors,.sUbeontractors, and consultants to,coinply) with all appopable.prou<sions of law or regulation goyemtng US DQ-Ps or NH1`SA's access to records,. acctiuhts;;'dpp 4mpnnd ts, infohrnationr46cilities, a. staff, and to cooperate grid comply with arty program or complrance.rk4s, aridlor complaint investigations conducted by US DOT or NHTS;4 under any Federal NondiscriininationAuthority; . Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non-DiscriminationAuthorr%ies and this Assurance; Agrees to insert in all contracts and funding agreerrierits:with.other.State or private en. &s the following clause: "During the performance. of this corntractffunding agreement, the contractor/funding recipient egrees= a.. To comply With all Federal.hondiscrimination laws and regulations, as may be amended from time to frme;. b. Not to'.participate directly or indirectly in the discrimination prohibited by any. Federal nori- disciimination taw or regulation, as set foith in appendix B of 49 CFR part 21 and herein; c. To permit access. to its. books, records, accounts, other sources of information, and its.faciliities as required.by the State.highway sa*e office, US DOT or NHTSA; d.'That, tn. event a contraetar/finding recipient fails'-to comply with any nondiscrimination provisions'in this contractifutidirrg agreement, the State highway safety agencywill have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractortfunding recipient under the contract/agreement until the contrabtorffunding t'ecipient complies; and/of cancelling, terminating, or suspending a contract or funding. agreement, in whole or in part; and e. To insert this clause, including paragraphs (a) through (e), in every subcontract and subagreement and-in,every solicitation for a subcontractor sub-agreementi1hat receives Federal funds under thls progrpm. C: Solicitations for subcohtracts, including procurement of materials .and equip[nent in all solicitations eiffierby competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract, including.procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by:the.Subgrantee of the Subgrantee's obligations :under this agreement and the regulations relative to nondiscrimination on ttiegrounds of race, color, sex, national origin, age, religion, or. disability_ D. Information'and reports; The Subgrantee shatl provide all inforhiat'ron and reports required by the Regulations,. or directives issued pursuant thereto; and shall permit access to its books, records, accounts, other sources of°information, and'its faclities as may be determined.by the Department or the USDOT to be pertinent to ascertain compliance with the Regulaf dhs:or.directives. Where-any information reguired.of theSubgraritae is in the e�CcIL1' posses"sine of ar[otherwho falls or refuses to famish. this information; the:Subgrantee shall certify that to.the Departriient ar tFie.USDa wNi6h.. is appropriate,. and shall setfoith. what: effortsthe:Subgeantee has made to'obtain the requested information. E.. S.40jctiorls for noncompliance: in. the: event of the; Subgrantee's. noncompliance:viith the nbiid scriminafion provision of this agreement, the:D.epartment shall irhpose such sancfions as it'or -the USDOTmay determine t6.be appropriate. F: Incorporation of provisions: The Subrlrantee shall include the provisions of paragraphs A. throudh 2020-Beaumont-S-1YG-00059 Printed On: 9/11/2019 Page 12 of 33 City of Beaumont Police Department STEP Comprehensive 2020 Ein everysubcontract, including procurements of materials and leases of equipment, unless 4 exempt by the regulations or.directiyes_ The. Subgrantee.shall take any action with respect t'a any subcontractor procurement that the Depaitmentmay direct as a means of enforcing those proyisiQns, including aancfions.for noncompliance, However, in the.event a Subgrantee.beconles. 'invo[yed in, or is`ihreatened with litiga6ori.with a sdb6bhtracior.or-supplie'r as.a result pf .-such directinii,:the Sutigrari#ee may request the Department to'enter.into litigation to protect.the interests of,the state, and -n addr i66, fhb"ubgrantee may request the United States'to enter into such litigation to protect the niterests of the United .States_ ARTICLE 23.-13ISADVANTAGED. BUSINESS ENTERPRISE (DBE) PROGRAM A The parties shall comply with the DBE Program requirements established in 49 .CFR Part 28. B_ The Subgrantee shall .adapt, in its totality; the Department's federally approved DBE program. O. The subgrantee shall set an appropriate DBE goal consistent with the Department's DBE guidelines piho'in consideration of,the.local market;.projeei size, and. nature of the goods or services to Yue acquired_ The Subgi~antee:shall have.firial decision- making authority.regarding the DBE goal and shall tie iespansibie'for docurrien$n ' its actions. D. The Subgrantee sfiali follow,all other parts of the Depaitirient's DBE.program. refetehced in TxDOT Form.2395, Memorandum of Understanding Regarding the Adoption. ofthe Texas Department of Trarisp,ortahon'.s Federally -Approved. Disadvantaged Business Enterprise by.Ehtky and attachments found at web- addressbt1o.1/w' Ww txdot cj61business/pariiiersFiipsldtie html E. The gubgrantee:shall not discriminate on the basis of race, -color; national origin, or -sex in the award and performance 'bf any-USDOT=assisted. contract orin the administration of'its DBE program, or the requirements of 4`GFR Part 26. The'Subgrantee shall take all .necessary and reasonable steps under 49 CFR Park 26 to ensure nondiscrimination in award and.administratian of tJS.DQT­assisted eontrac#s.. The Depaifinenf s DBE.program, as required by 49 -CFR Part -26 and as. approved by`USDOT; is incorporated by reference in1his,egreerrierd. inr plernentatibn of this program is a1egal obligation and failure to carry out its terms shall 6e:treated as a violation of.this agreement iJponnotificatiori #a the:5u6grantea of its failure to carry.but its approved piagram; tiie.Depaitrrienf. may impose sanctions as 0b%ided'for; under 49 CFR Part 2 *and may;_ in appropriate cases, refer the matter for enforcement under i S IJSC "I 001 and the Program Fraud Civil Remedies Act of !'986 (31 USC 3501 et seq.). F. Each contra: tffhe Subgrantee signs with a contractor (and each subcontract the prime;contractor signs with a sub -contractor) must include the following assurance: or; :sub recipient, or sub-contiactor shall not discriminate on the basis of race, color, natiThe;contracfonal. origin, or -sex in the performance of tl its contract_ —the contractor shall.carry out applicable.requirements of 49 CFR Part 26 in the -award and administration of USDOT-assisted contracts.'Failure by the -contractor to carry out these f eq'dif6mi encs is la material breach of this agreement, Which may result in the termination of this agreement or siich other remedy as the. recipient deems approptiate. ART16LE 24:.CERTIFICATIOH REGARDING DEBARMENTAND SUSPENSION (applies to subrecip ents as well as'Sfates) Instructions for Primary Tier Participant Certification (States) 1 _ By signing. and submitting ilius proposal, the prospective =nts;o.f2CFR­part§j'8d.** tier participant -is providing the,. certification set autbelow.and agrees to comply with the.re.1200. 2020 -Beaumont -S-1 YG-00059 Printed On: 9/1112019 Page 13 of 33 City of Beaumont Police Department STEP Comprehensive 2020 2. The inability of a person to provide.the certification required below will'not necessarily result in denial of participation in this covered transaction. The prospective primary. fierpaiticipant shall submit an explanation of why if.cannot provide the certification set out below. The certification or explanation ..4 be considered„ in connection with the department or agency's determination whether to enter into this.fransactioh. However; failure of the prosPective.primary tier. participant to'furnish-a certificatibn'or an expi0`nation shah disquar`ify such 'persorr from participatibii in this transaction. 3. The.certification in this ciause is a. material representation. of fact upon which reliance was placed when -the department or a0ency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous cerflfication, in addition to other reiriedi s,available to the f=ederal Govemment, the e'partment'or agency irrayferr' I iate this: transaction for cause:or default or may pursue $uspensioi . odebamlp6t. 4.7he prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at,any time the prospective primary tier participant [earns its cerfifi ae6ri was erroneous when submitted or has become erroneous by reason of changed circurnstances. 5_ .The terms .covered transactlon, civil judgment deb6rment, suspension, ineligible, 04 icipant; person, principal, and voluntariiy. excluded, as used in this clause, 're defined In 2.. parts 180' and 1200_ You may contact the department or agency to which this proposal is.being submitted for 'assistance in obtaining a copy of those regulat'io'ns. 6;The prospective primary tier:participaht agrees by submittiog'this proposal that,'should the proposed -covered transaction be entered into, it shall hbt kriowing[y enter.irito any lower tier covered transaction with a.person who is propgsed for debarment under 48 GFR Part 9,.subpart 9.4, debarred; suspended; declared Ineligible, or voluntarily excluded fror n participation in this covered transaction, unless authorized by the department or agency entering into this transaction, 7- The prospective primary. tier.particrpant further agrees: py submitting thls prop6sal.th4k All include tho clause tided "Certificafion 'Regardirrg Debarment; Suspension; Ineligibilitjr,and Vaiuntary Ekclusion-tower Tier Covered Trapsaction,'provided by the department oragency entering into this covered transaction, without modification , in all lower tier covered fransactigns and in all solicitations forlower tier cohered trarlsactidns and will require lower tier particjpants fo.:comply witEi 2 CFR parts .180 'and :t 200. 8. A participant in.a covered transaction may rely upon a certification of a prospective participant in a lower-tler-covered.transaction that it is not proposed for debarment under 48 .CFR part 9, subpart 0.4, debarred,.suspended, ineligible, or voluntarily,excluded.frdrr the covered.Varisacfrori;-unless it kno;S_.thatfhe eertificafiori is errondous_ A participant !s respbnsible far ensuring that its principals are trot suspended, .debarred; or otherwise ineligible to. participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospectiveiowertier'participants, each pa . cipant'may,:but is not reouired to,. check the System for Award Management Exclusions.website (https'/l wv V_s6in_goV1). 9. Nothing contained in the foregoing shall. be construed.to require.estaplishment of:a system of recgrds.irt .orderfo redder in,gogd faithtje certification'required tay tfis..claise. The.krioialedge.and . ihformatian of a: participant. s;riot required to ekceed #hat whicti.is noriimally possessed by a.prudent person tri fire ordiimary course of business dealings. 10.: Except for transactions,authbdtedunder paragraph $ of these.instructions, if 'a participant in a covered transaction ldhowingly enters into a.lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9:4, suspended. debarred, ineligible; or 2020-Beaumont-S-1YG-00059 Printed On: 9/11/2019 Page 14 of 33 City of Beaumont Police Department STEP Comprehensive 2020 voluntarily excluded from participatibn in this transaction,. in addition to other remedies . available to the. Federal 0overnment, the department. or agency may terminate e this transaction for cause or .defadit- Ceiffi6afion Regarding Debarment, Suspension, end Other RpApmdbi Covered Rand6cdbhs Matters-Pfima'ry Tier (1) The prospective ptirrkarytipr participant certifies to th6best of its. knowledge and belief, that it and its pjncipbls: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any. Faqeral-deipaftmentlor agency, (b) Have not Within q,thrqq­yebt OeIiO.preteding this- h . proposal been .convicted of.or had a ' civil judgment rehderbd against th6m"for comrWksiofi. of fraud or'' -cnmin6l offense in.66fine6iih"w ith obtaining,aiempfing to o6tatni 6rpe'rforming-a Public (Fedoral, State,orlocal)'transacton.pr..tontratt under a* public transaction; violation of Fecle'rial'or State antitrust statutes or commission of 0 SSIP embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements; or receiving §toleri propprty;- (c)*ft'not btfiskfiy inditted.fo�..or..-cihj�rw.,SL�,.cnminafly or civilly c ... presently - . .. . . . . charged by a governme'Otal entity (Federal; State at Local) with commission of any Of the bffefis6s - timetat6d in paragraph (1)(b) of en this certification; and M. HdVe hot within a throe -year period preceding this tipolicadohlptopos6l had one or more;pVblic transactions (Fe'd&0l,.`-Stat6, or lo661)terminated for cause :or -default Where the, prospective primary, parb participant is unable to -certify to any of the Statementsin this certifikafiqh,: such . . prospective -participant . ishall attach -a n explanation to. thisiproposal- Instructions for Lower Tier Participant Certification 1- By signing and submitting this prdpqs8l, the prq§ppc4ve� lower tier participant is proyiding the certifidatidn.set out below acid agre'esto-comply - . with the rb4Ujrbment§,'of 2 CFR parts I . 80 - and . 1200. 2. Iiie.certif'ication ' in this clause is.a material'representation of fact.upon Which reliance was placed when this transaction was entered into.. If it is laterdeterminedthat the prospective lower tier Pirticip, ant knowing' ly rendered an erroneous certification, in addition to.other remedies available to the Federal govenim6ht,-the.-depaftment bi�.-jageijcy With which this transaction ,6ri ginated may availableremedies, including 'suspension* or debarment 3. The prospective lower Tier participant shall provide immediate written notice to the person to which this proposal i� submitted -if at any time the prospective lower tier partkipaint teams that its certification was:erroneo*us'%06n submitted or has become erroneous .by'reason. of changed circumstances. 4. The terms covered tran' 6ac.'tiofij.cMl judgment, debatme I rit,suspensi.on, ineligible, participan person, principal, and voluntarily excluded, as used in this clause, are defined in-2.CM parts 180 and 1A.d' You may coniactth6'persoji to Whom,this oroposgi-is submitted -,for -assistance *in obtaining p copy a ft bsei­6' th,.. agulations 5. The prospective lower *ter participant agrees by submitting this proposal that, should the proposed covered -trainsacti6h be entered into, it §hiai not knowingly enter into any . lower . tier c . oVdred 2020-Beaumont-S-lYG-00059 Printed On: 9/11/2019 Page 15 of 33 City of Beaumont Police Department STEP Comprehensive 2020 transaction with a. "person who is•proposed for debarment under 48.CFR Part 9, subpart 9.4, debarred; suspended, -.declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. �.: The''prospecti>re lower tier participant further.agrees by subrnit6ng this'proposal that'it will in' clude ttie clause titled "Instructions.for Lawe'r. Tier Participant Certification" incldding tate tertificaiioon Regarding.Debarinerif; Suspension,. Ineligibility and Voluntary aciusion- Lower Tier.Govered Transaction," without rhodfcation,. rt all lower tier covered transactions andin all solicitations for fower.tier covered transactions and will require lower tier participants to comply with 2 CFR parts ISO end 1200.. 7_ A parficip4ht in a covered."nsaction may rely upon a certfic tion of:a prospective participant, in a lower. tier'coVered transaction that it isnot proposed for de' a4ment'under.48 GFR Part 9, subpart 9.4; debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knowslhat the certification is erroneous. A participant is responsible forensuring that. its prirteipals are hot 4si p'.ended,' pebarred,.or otherwise ineligible to participate in coyeretl.transactions_ To verify the eiigibiTity Q#:irs principals; as well as the eligibili{.y of city prospect'rye lowertier participant, each participant may, .buff ' not required to, check the System for Award Mai iment Exclusi6ns website (https:/Av,vw_samim.gov1), Q.: Nothing contained in the foregoing shall be construed to require estapiishment of a, system of records.in order. to render in good faith tho,certification required by this clause; The knowledge and information of a parficipant is not required to..exceed that which is normally possessed by*a pruiient peYsori in the ordinary.'cout'se ofbusiriess dealings. 9. Except for transactions.authofized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lowef:tiercovered transaction with a person who is proposed foir debprrnenft16der 48 CFR. Part. -9, subpart 9.4; suspended, debarred; ineligible; or voluntarily eiccludeii front participation it7 this transaction, in addition tb other remedies available to theFe 6taf goverri rient,:the department or'agency kith which this transaction originated may pursue avalabfe remedies; including suspension or debarment. Cerfification Regarding Debarment, uWension MelijiLbft and Volvntary EXcluslon _ Lorver Tier Coyered Transactions: 1. The prospective lower:tierparticipaht certifies, by submission of Phis proposal, that neither it nor its principals is presently debarred; suspended,:proposed for debarment, Aeclared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency_ 2. Where the prospective lower tier participant is unable'to certify to. ahy.of tiie.statements in this certficat'ion; such pro $pectivepatticipant shall attachah-eitplaiiation to this proposal. ARTICLE 25. CERTIFICATION REGARDING FEDERAL LQBBYING. (applies• to.subre6pients-as. .wellas•Statesj Certification for Contracts, Grants) Loans.; and Cooperative Agreements The.undersigned:certiFes, to the best of his.or her knowledge and. belief, that 1. lVa Federa] •appropirWQ funds have. been. paid o[will be paid,.bypa .d behalf of.the.undersigned, 19 arty person for influencing Rr attempting to influence an officer or eniployee.of any agency; a Member. of'Congress, an officer: or employee of Congress, or an employee of a Member of Congress in conneppon;with the awarding af.any Federal contract,'the malting of • any Federal grant, the making of any Federal loan, theerit .eriri into of any cooperaiive agreement, and the.6Xiension, continuation, 2020 -Beaumont S-1YG-00059 Printed On: 9/11/2019 Page 16 of 33 City of Beaumont Police Department STEP Comprehensive 2020 renewal, aMen0ment.orrnodifibation of any Federal contract, rant,. loan, or cooperative agreement. 2. If any funds othor-thah Federal appropriated funds have been paid or will be paid -to,arty person for Influencing or attempting to influence an officer or employee of any agency, a Member of-Congreps, an officer or employee of Congress, or an employee of ai m iection with. ffi. . . .. -y Member ber of Congres5 Jn:conr is Federal contract,grant loan, dr"Cooperaiive aqr0erqejit, the undersigned shall complete acid h .01. a submit Standard F6rm-'LLL, "Di§closure Form to Report Lobb" accordance its ying, it! acto nbe With instructions. 1 The undersigned.shall require that the language of this certification be included -in" fhe-award documents -for all sub-!atevards at all tiers. (includ . ifig-sube.ontracts sub grants; . . . . . .. t . grants; and contracts under !Doris, and.c6opefatiV& `dthat-all'sub' cip4 agreements) an re ieni�.�fiall certify prid'diklose. . acotdin .gly. -This certification is a mat6rial -represerltatiori- of fact upon which r6liafice was pla'cedl when this transaction was made or entered into. _submission of.this.6ergicaiflorfis a prerequisite for making or entering into ihis-transactiionlmposed n 1352 .1iffe 31 U.S. Code- -Ar) person by sectio, n.who Nits46 fiidA16.'reojir6d 660catibn 6WI be subject to a civil p' �4.0,000. and riot more M eh.alty'of ni iii�*41 00,060 *for each s"'!' . n failure. failu' ARTICLE 26. CHILD SUPPORT CERTIFICATION Un'der.Sedtiori 2�1.QW, TexaE� Family. Code, tht� Subgrahtee6lertlifie§ that the iridivi dual -Qt business especi specified. giant, loan, or payrn6nt and 0'�*'naifted in 6i§ aore-el'�'�Ai i§"fiqt ineligible fi �idk6ou&dg6§ that 'this 9.0roomep't, ropy be:ieriminated and p.'6*e t may tie wiffibe14 if this peftfhc;4t'i)'bfi is-ln'accurote. If the abdVe certification is-sfiow6tto be. false; the Subgrantee is liable to the state for -attorneys fees and any other damages provided by law. or the agre6menf. A child' support obligor . . pr-bd . siness enti . ty.ineli'Ale to receive payments because of b payment-deliriquency d mor0haii'thitty- (30) days. remains iheligible-unfil - .611*rO P pfogEq h6vo-been paid; the obligor jfi-iW qq00IiAnce.WR4 a*(ittep.rppaymeut agreementbr 666rt 606r- as . t o`ah*y­e)dstir*i'g qelinqLien*ipy,or the court of cohfrfi'diii6'jurisdlic6c.n*over the c'hijd ''Wpport order has.geanted he bbgi6`?.' .exe.tionfrom .SLibseEii6n(a)of-S66t[n62jl.O(d? T6xas.FamilyCbde-as'oaftof a cour-supervied effort to improve earnings and child support Payme66- ARTkQ1_E 27. FEDERAL FUNDING ACCOUNTABILITY -AND TRANSPARENCY ACT REQQIR.EIVIENTS A_. Any recipient of funds Under this 8greempht-pgripes to- comply with the Federal Funding Accountability and Transparency Apt and 'impleiri6qtiqg.r69q I2' ton§' at.2 CFR Por170, including ApPefi01xA This agreement �dbiqttto the award &Ms- hfto doc 201&10df/2QjdQMkDdfand WOW& 'o'ck6t.'access,d�o;aov12010/odf/201'0-22706ipA. '13. The Subgrantee ogr:6es.that it shall, 1-Obt-aihand pro,Adetofhe-State aSystem for'Award 'Management (SM.)number .(4$CFR subot. hi Federal - f � 0: di i i g. f h e'§ A M h u'r'n b6r' may b 6 '4-. K this award provides far more than 1, obtained by visifing. the SAM' web -site at hftpsJlwww.sam_gov 2.. ObtEiih and. provide -to' -the State a Data UnivefsaINumbering System (QUNS) hQtbbpf, a unique hurn hb bildws1he Federal'govOrtftht. dAfAck the di§tribdfiod of fe�deral money. 71110. -DUNS 'hurnbeir inOy.be re' U- t�d.frE�LiL:ofthar6fota�'6'6sib" entities req q ps g e§sesanden.0. todoso by visiting the Dun & Bradstreet (D&B) ori4in'e registration w4bs'k'e'h'ttfp://'fedgov.dhb.corn/Webfor'm'i. 2020 -Beaumont -S-1 YG-00059 Printed On: 9/11/2019 Page 17 of 33 City of Beaumont Police Department STEP Comprehensive 2020 S.- Report the total compensatiori and names of its top five (5).executives to the State if_ i. More than BO% of annual gross revenues are from the Federal govemmeht, and those revenues are.great6rthan $25,000,000, and ii.. ThebonApensatibriihformbfoh is riot -already avdilable-throudh reporting to the U.S. Securities and F-xc.har'fg'e Commission; ARTICLE 28. SINGLE AUDIT REPORT A, Thp-paities -shall comply me le Wbfhd require nfs of Sing A��-6f'1994 .02, . :. . P�% P...L.98-5 '�iai the e audit report 16 -ensuring singi au p nclUdes the coVeragje-sti in 2' -CFR Peft 200-, B'Ifthre§hold.ex-periditures of -$750,000 or more are met during the-Sub9rqntee's'fJ'8caI Vegr; the Subgrantee—must submit a Single Audit R6p6rf.and Monaoelment Au0it'Office 125 Ea'st'l Ith Street Austin, TX -79701 or contact TxDQTs4Wdit Office ( , 'a* t S i i r I e a' u g C_ tf.expenditures are.less.than $750,000 during the S6bgrWtee's fiscal year, the.:SubgranteO must t§ubmitt-h statembfiit6'.'T-xb6-P.§ Abdit Office as follows -.`We did not itieet-6-e.$7:50,,606,e'x'pLihdaUre thri6thold and theriffore, are t et requited'6'h a"ve a 'smg[e auc�a peifor'r-hed,for FY, D. For each year the project remains open for federal fundth.g.expenditures,.the Subgrantee will be responsible for filkig a report.or-statement as -described above- The r:eqUired annual'filihg shall extend.throuohout the Iife.of thp.agrt-ement, unJess,.otheFWi�;e_amend6d or Me project fia­sbeoin f , 4 ' closed ed, , ­ '' ' " 'h " -be` in'ufted V�46i or. . . ortna.ly,c . s out aidd.'no 'charges ave. been c n the current fiscal y6' r ARTICLE 29. BUY AMERICA ACT. (applies to subrecipients as well,as States) The;Siotp apd.each.6U.46eCiDieht'Will comply with the Buy-Am6dca reqUit6ffierit '(?3 U.S,Q, 313) when purchasing it&fis.64tg Federal funds_ Buy America requires a Statti,.-dr -subrecip"[pie't,16 Purchase with FederalAirids only.sfeel, iron and nd manufactured . 'products produced in'the United ry States unlessthe Secretaof Transportation determines that,such domestically produced . items would 6e 16co i nt w1o..ffie-public - materials P. R.05ie . -interest, that such mat H Is are.not-reasonably-available and of a satisfactory, qpality, or thEit.indlu§idn of dorfiestic. materials All increase the coat of th6'64erall prqject contract by more than .25. percent In order to use Federal funds to P.urchasd foreign pfoduc6d items the -State, fnbst*E;u des an'.iide�u ' * ' ' - brrfft'a warier request provides 'ate'basi§ And justification f or gpipi- oV W by the Secretary of f ran's . ortatio* ri. y ARTICLE 30. RESTRICTION ON STATE LOBBYING (applies to, subrecipients-as well as States) P4ohapf the fUnds under this progtani will be Used for," activity specifically -designed lo' uTge or an�y . V, inhu6nce. A'Siate or l6i6aFIe*g-isA6't'or to faVor or -oppose the adaption of *any specific leg'islative proposal pending before arty State or local legislative body- Such act es inciudebbi� direct .'.`. - . .. and indirect. (e.g., "grassroots").lobbying activities, with one exception. This does. net preclude a Stateofficial **i�r�i�-supdrted'With'14�$Afuridsfrorrienoa�ingihdirecitominudi6afiQnsi4kh'St4te .or local legigmvepffi6laii,"i6ac&oida�pp� hcusthrhaiySfaf4p�a6fl even:9 sdch.c6inri�vhitatibns utdeIe isl6t- e ciiis tofW6r or oppose theidobtion of specOt:p&hding:Iegislafive pr9posa ARTICLE 31. NONGOVERNMENTAL ENTITYS"PUBLIG INFORMATION (This.arficle appliesPhlyto non-profit entities.) 2020-Beaumont-S-IYG-00059 Printed On: 9/1112019 Page 18 of 33 City of Beaumont Police Department STEP Comprehensive 2020 Th0.Subgrantee is required to make any information created or exchanged with the Department Pursuant to this Grant. Agreement and riot otherwise excepted from disclosure..under the Texas Public Information Act, available i. a format that is accessible by floe'public at no -additional charge to the Department [SB -'1368; 83rd Texas Legislature, Regular Session; Effective 9/1/13] ARTICLE 3R.. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to subrecipients. as well as States) The.State,and each.su6recipient wdl not use 23,U.$.C. Chapter 4'grant.fu.nds.for programs..to check helmet usage a� to cre*.checkpoints that specifically target motorcyclists. ARTICLE 33. INTERNAL ETHICS AND COMPLIANCE PROGRAM Subgrantee: shall'cornply wifh Titje 43. Texas Administrative God&, §25:906(b). Subgrantee certifies it has adopted an intemai ethics aiid cgtnpliance.pr`ogram:that satisfes the`requifements'gf Title 43 Texas Administrative Code §10.51.((e!afing tb intemal Ethics and Compliance Program). Subgrantee shall enforce cornpGance with that -program. 2020-Beaumont-S-1YG-00059 Printed On: 9/11/2019 Page 19 of 33 City of Beaumont Police Department STEP Comprehensive 2020 FOR REVIEW ONLY - NOT A LEGAL DOCUMENT .kE-91PONS1811-111ES OF THE SUBGRANTEE X Carry out all .pQrfqrman.ce.m.6-a8.ures.e.stabfished in the. -grant including fulfilling the law enf6rcement objectives by im0lbM­6ntidg the -0 ' er�fio rl�'I Ian contained i4d i n this , P a n s Grant Agreemeht B_ -Submit all required reports.tq the Dopartffiopt (rxDOT) fbIly-completpdwith the. most current 66rm`ti6, and Within- the t8q1qirbd1imes,.q.s defined in Article 3 and Arfi* le 7 of Article T4'M�s and Conditions of thi's'Grant Ag'rder�ent4lhls'includes repqrfingto the Oe qttrnk 0 on progress, aplImmehts, and problems in monthly Performance Reports and attachung necessary source 'do'(Umerji documentation io:, :support all costs claimed in Requests for Reirh''Vorsement (RFR) C, Attend grant relatedtraining as fqqqested. by -the Department D. Attend meetings according to the following-. 1.. The Department will. arrange for meetings -with the -Subgrantee'tqpreqent'status of activities and 1b.discus5i ptoblbm8 and the schedule for9 'eant telatbd activities_ 2 Theprojd qt director or other appropiiate.quafified persons will be available to represqnt the Subgranteemeetings re Department. ep Ment. E_ Support grant enforcement efforts with public information and education (PAE) activities.Salaries beirig'claim8d for PKE activities s mbst be indlUdod in ft'budobL F.. For out of state #aV'el expenses to bereirribursa'blei-fhd Subgrantee must hdve obtained the 0 written approve(l of the Department through eGrants system messaging, prior to the beginning of the: tifo- Grant a pprpva'l doe's 66t `sa-Usfythis'.r'equi reme6t.- G. Maintain verification that all expenses, including wages or salaries, for Which reimbursetneht. is requested; is for work excllu0iv qfy related to . this brqje'&. H. Ensure that this" -grarif will in no way supplant. (replace) fundsfrorh:dther sources_ Supplanting refers to the.use.of federal funds to support personnel.or any activity already supported by local or state fuijds.' I. Ensure that each officer working on the I'. STEP project Will complete an officers d 'ilygct"Oty report form_ The.form sh6uld[hcludea't a' minimum : -name, date, badge or i0e0ficqftprj hunbe ,06-66766t wor'e, Enfofoe6eiit Zore idpMfier;.mI;10ag­.6(including star[irig and endihdniieaO6),hours worked, type.ofwarhing'orcitation issued or'6rreds"firriddej itifficEir-and-' supervisor sig01qre$. J. All STEP 6ge'nicies must provide the -following proVi5idn in all daily activityrel6ft fdrms- "I undeT§tand that this. information is being.submittedto supporta claim against a federaNy- fi rhrftsri rirriht`n'i�rirntl� Ps;ku'P­n!-� -hn kelhr MMq`v hp nrn'czP'r: i tfahht't in Ahr'l R I 2020 -Beaumont -S-1 YG-00059 Printed On: 911112019 Page 20 of 33 City of Beaumont Police Department STEP Comprehensive 2020 I Ir I %3U1 L! #I P SYS III I I IULY 'tboi-_ -Mi§informatidn-6h thilsforffi-is true, correct; and complet6t6thd . best of my knowledge and ability." The alo W language shbuld.bie addefflo the activity r6ports-iffirriediAtely'abbVe the si gn6tdre lines of the 6Kdrand supervis6r. K.Ensure 'that no'officer-'above#)O-rank bfLio-utenant(or ,equivalent fitle)'uillbereimbursed-fdr 9's" t'h'&'**.'Subbrafited r666IV6&spe'cffic ItE4 �6 rizh6ri'k6m the ....Wr n.a ' . 0. Departrneht,'thropgfi 60raifits system messaging, Oriof-tb incurring casts.' L. If an dfficormakes:Ei STEP-related -arrest during the shift, but .do.e�3.not co.mplete"the'artost 66fdre"i'he-'shift.:i's'-scheduled- led to 6 n'd , the'of-ic 6-r can -66ti n'u'b working . u rid Li the grant to complete that arrest M-The -SftrafiteOshould haves safety belt use policy. If the. SUbg(ant6e does. hot have a s9fsafetyb ok "use policy i . h . place, . ap policy should . be . implemented,. . - a : nd a co . y'rridini4ined far verification during ' fhe grant year, N_'.0ffic'6rs'wv6tkihd DWenforcementmust be''Araindd in-the NatidhAl . Hibliwaffraffic.Saf *. Adnii.nist.ratibn/iri6(nat.onalA.5sotiefion..otChiefs qfFi61fce..'S't.and,arditddField.8'obfiety. Testing (SF:$,T)..In th6:.eas.6.of. a first year officers subgrantee, the offic:ers,must betrqj (rained; .or scheduled to be SPSTVaitled, bythe.6fid of grart year.For second or sdb8eque n ty year gr6.,-all 6fficeiswoikin 4nf6fdeneht mus1bb*SFST1raih6d_ 0, The Subgrantee should have a.procedUrO-in place for contac hing and using drug recognition expeft4`(DkEs) When necessary. R. The $ubgrantee.!s encouraged . to use the.DWI On4ine Repor . fing.System available through the Buck1b 0p`Texas We6:sitbat 6 6 c, k 1611 . 6 1 e x A* s'. c o" rh Revised: -11/07/2017 2020 -Beaumont -S-1 YG-00059 Printed On: 9/1112019 Page 21 of 33 City of Beaumont Police Department STEP Comprehensive 2020 FOR REVIEW ONLY - NOT A LEGAL DOCUMENT RESPONSIBILITIES OF THE DEPARTMENT A. Monitor the Subgrantee's compliance with the performance obligations and fiscal requirements of this Grant Agreement using appropriate and necessary monitoring and inspections, including but not limited to: 1. review of periodic reports 2. physical inspection of project records and supporting documentation 3. telephone conversations 4. e-mails and letters 5. quarterly review meefings 5. eGrants B. Provide program management and technical assistance. C. Attend appropriate meetings. D. Reimburse the Subgrantee for all eligible costs as defined in the project budget. Requests for Reimbursement will be processed up to the maximum amount payable as indicated in the project budget. E. Perform an administrative review of the project at the close of the grant period to-- I o:1 _ Ascertain whether or not the project objectives were met 2. Review project accomplishments (performance measures completed, targets achieved) 3. Account for any approved Program Income earned and expended 4. Identify exemplary performance or best practices 2020-Beaumont-S-1YG-00059 Printed On: 9/11/2019 Page 22 of 33 City of Beaumont Police Department STEP Comprehensive 2020 ' FOR REAUNV ONLY - NOT -A LEGAL DOCUMENT GOALS AND..STRATEGIES To increase effWiv6..ehforcbm6nt and adjudication of traffic safety-related laws Goal- '" '' 6 * '' es, to-tedticecr'e(*S'Iie�-,-f4i�iit�(' an injuries. Strategies: lncrOgse.And,sUstainhigh vf8ib.ifityenforcement oftr kfficsafe ty4l elatedlaws, Increase.public educafign and i - rf6rmatilon campaigns, regarding.enforcerneryt To reduce e number of-a'lcopaired and &Mnq under the f Goal- the impaired influence of albohol and other drqq-related crashes, injuries, and fatalities. .cra .... i.nj..n Strategy: increase and sustain high visibility ehf6rcemienitof DWI laws_ Goal: To intreate.dccOpadt restraint use iii all passehgef'Vbhides add trucks. Strategy! lndrbaso.,qdd.sustainhioh\figibil4enforcerrientbfotcup4ntprotec-tiohlEiws: Goal: To reduce the"InUmber' of speed -related crashes, injuries, and fatalities: Strategy: increase acid sustain high visibility enforcement of speed=related iaws_ Goal: To redu(p. intersection -related motor v.ehide.c.rasftes,.injUdes,grid.fatafifies, Strategy: ldqeasi2� and sustain high m.siibilfty -enforcement of Intersection T . raffit.Control OR;) laws. Goal: To'rbduc* e Distracted Driving motor' Vehicle trashes, lrfjuties; and fatarities.. lkr6as.e-dnd.§ustAin fi dh visibility enfib tcemerit of. state and local otdinances.on Strategies: 4 celiu'ar"an'd te')'Tiqq;devices. Increase public inform on and nd-bducation'on Distracted DriiAn"g'relaited traffic issues. [TO Vagree to the abovd obals'and strategies. 2020 -Beaumont -S-1 YG-00059 Printed On: 9/11/2019 . Page 23 of 33 City of Beaumont Police Department STEP Comprehensive 2020 FOR REVIEW ONLY - NOT.A LEGAL DOCUMENT BASELINE I NTORA-UnON Baselute Definition: A mmbet.serving as afoundationfar suboantees to measurepre-grant traffic. enforcement activity. Baseline information must be. provided by the subgrantee in order to idengy local traffic enforcement related activity. This information should exude any activity `generated Noth'ST'EP grant dollars. Onc.6 he baseline is .established, .these Pignres wM be used #a compare subsequent year's local and grant traffic enforcement activity_ Note;.Baselinedata.usedmustbeno older.tha6-1017. Baseline Year.(12 months) From 12/1/2017 To 12!112018 Baseline 11leasure Arrests/Citaiaons Written Wirnings KA Crashes Diiviag Under Influence (DUI.) :172 4 10 Speed 9386 0 5 S4ety•13elt 1036. 0 12 Child Safety Seat 287 0 Intersection Traffic -Control :(ITC) 73 0 51 Distracted DFiving. Citations 0 0 0 Other Elements :0 0 0 If you.hWq additional attachments, provide them on the "Attachments Hage. 2020-Beaumont-S-1YG-00059 Printed On: 9/91/2019 Page 24 of 33 City of Beaumont Police Department STEP Comprehensive 2020 FORREVEW ONLY -NOT A LEGAL DOCUMENT LAW ENFORCEXIIENT OBJECTIVEIPERFORMANCE AJEEASTRE -0bie'dive/PeidormAnce Measure Reduce, the.nrmber of Driving Under I . affience, (DUI) crashes to Reduce the.number of Speed -related awhes.to Reduce the member of Safety Belt -related crashes to Reduce the number of ChAd Safety Seat -related crashes to Reduce the number of ITC -related crashes to iReduce the number of Distracted Drivin, Lrelated crashes to . 9 Number of Enforcement Hours Target.Number Not Applicable 9 4 11 47 1.331 X V_ 12 Note:. Nothing in this agreement shall be interpreted as 2 requirementj formal or informals that peace oifficefj sue:a-90- f0ified Or predetermined ihtiniber'of citations In C pUkMU2 e Of H, thia S ubgr,ante*e'a obligations hereunder. Department and Sulsgeai#ee aclmuwledg'e that. -Texas TranspGrtation.CoA6 Section 720.002 prohibits using traffic-o&n . se and agree that 9 n6thin . in this Agreement is establishing a- ni iliegal.46tg. . In. addition to the STEP enforcement itctiviti6s, Ilte .90grantee must.maintain baseline non - STEP funded citation and arrest activity duo A to o the prohibition of supplanting. 2020-Beaumont-S-lYG-00059 Printed On: 9/1112019 Page 25 of 33 City of Beaumont Police Department STEP Comprehensive 2020 FOR REVIEW ONLY - NOT A LEGAL DOCUMENT PME OBJECTIVEIPERFORMANCE MEASURE Objectives/Performance Measure Target Number Support. Grant efforts with a public information and education (PME) program a. Conduct presentations 5 b_ Conduct media exposures (e.g. news conferences, news releases, and 5 interviews) c. Conduct community events (e -g- health fairs, booths) 2 2020-Beaumont-S-1YG-00059 Printed On: 9191/2019 Page 26 of 33 City of Beaumont Police Department STEP Comprehensive 2020 FOR REVIEEA'4 ONLY - NOT A LEGAL DOCUMENT OPERATIONAL PLAN Zone Name : Zone I Zone Location - , US Hwy 69196/287 (Eastex Freeway) from Hwy (College St_) to Delaware. Speeds 55-65 ihVIi Zone Hours: Zone Heat Map : httpsYl,.vww.dot_state_tx-u lappstegrants.! Upload/882233-202ONewZonel _pdf 2020 -Beaumont -S-1 YG-00059 Printed On: 9/11/2019 Page 27 of 33 City of Beaumont Police Department STEP Comprehensive 2020 FOR REVIEW ONLY - NOT A LEGAL DOCUINUNT OPERATIONAL PLAN Zone Name : Zone 2 Zone Location • Hwy 90 (CoHege St) from IH -10 to FM 364 (S. Major Rd.) Speeds 40-50 MPH. Zone Hours Zone Heat A -lap (attach) httpsllwwNv.dotstate.tx_usrapparegrantsf Upload1882234-202ONcwZone2_pdf 2020-Beaumont-S-1YG-00059 Printed On: 9/11/2019 Page 28 of 33 City of Beaumont Police Department STEP Comprehensive 2020 FOR REVIEW ONLY - NOT A LEGAL DOCUMENT OPERATIONAL PLAN Zone Name : Zone 3 Zone Location: US 69 (Cardinal Dr.) from I10 to West Port Arthur Road Zone Hours Zone Heat Alap : https w%vvw.dotstate_tx iWappsfegrantsl Uploadi882235- (attach) 2020NewZonelpff 2020-Beaumont-S-1YG-00059 Printed On: 9/11/2019 Page 29 of 33 City of Beaumont Police Department STEP'Comprehensive 2020 FOR REVIEW ONLY - NOT A LEGAL DOCUMENT OPERATIONAL PLAN Zone Name: Zone 1 Google Map Zone Location : US Hwy 69/96/287 (Eastex Freeway) from Htvy 90 (Coflege St) to Dowlen Rd- (approx. d(approx. 4.59 miles) Speeds 55-65 MPIL Zone Hours Zone Heat Map : (attach) fps} i/www dot.state_LuislappFtegrant& Upload!882237-ZonelNewGooeeA2aps_pdf 2020-Beaumont-S-1YG-00059 Printed On: 9/11/2019 Page 30, of 33 City of Beaumont Police Department STEP Comprehensive 2020 FOR REVIEW ONLY - NOT A LEGAL DOCUMENT OPERATIONAL PLAN Zone Name: Zohe 2 Google Map Zone Location - Hwy 90 (College St) from IH -10 to FM 364 (S. Major Rd.) (approx. 3.43 nules). Speeds 40-50 MPH. Zone Hours : Zone Heat Map : https/lw-%�w.dot.state.tx.uslapps/egrantsl Uploadr882239- (attach) Zone2NewGoog1eMnps.pdf 2020-Beaumont-S-1YG-00059 Printed On: 9/11/2019 Page 31 of 33 City of Beaumont Police Department STEP Comprehensive 2020 FOR REVIEW ONLY - NOT A LEGAL DOCUDI ENT OPERATIONAL PLAN Zone Name: Zone 3 Google Map Zone Location - US 69 (Cardinal Dr) from Fourth St_ to West Port Arthur Road Speeds 55-65 MPx. Zone Hours : Zone Heat Map : https %vvww.dot_state_tx uslapps/egFantsl_CTpload/882240- (attach) Zone3NewGoo0e2Maps.pdF 2020-Beaumont-S-1YG-00059 Printed On: 9/11/2019 Page 32 of 33 City of Beaumont Police Department STEP Comprehensive 2020 FOR REVIEW ONLY - NOT.A LEGAL DOCUMENT BUDGET SUMMARY BudgetGategoiy .. TitQOT :Nfi3tGh Total Category I` --.Labor. Costs (100) Salaries:. -$93,939:37 $0 (Z00) Fringe'Beno is $0 $20,065:12 $20;Ofi512. S.ub Totgf: 493;;39;37 $2Q;065,1 $ 114;004:49 Cafegaryli: = CSther. Direct ;Costs (300) Travel:. $0• s0 (400) Equipment: $0 $0 $0 $0 (500). Suppliea: $0 $0 $0 {600) Contractual $0 $0 $0 Services: Other (700) �{iscellanebus; $0 $0 $0 ............Sub.l otal:. $0. .fo Total Direct Costs: ' 593;0:39:37.. $20,,065:92 $ 114,004:49 Category Hf : `1ni11rect Eosts (800) Indirect'Cost Rate: $0 $7,387:43 $7,387:43 Summary Tota[ Labor. Casts:. $9;939:37' $20;OG6.12 $114;004.49 Total. Direct C is .... $.Q $0 ..SO Total Indirect. costs: so -x.7:307,43. $7;307..43 Grand Tgt�l_.. .;' �..: • . ` : Sources [Fond Percent 7739% 22.61% hape): • Salary and cost'. ost rates will be based on the rates.submitted by the Subgrantee in its grant application in Egrants- 2020-Beaumont-S-1YG-00059 Printed On: 9/11/2019 Page 33 of 33 BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 17, 2019 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognitions * Public Comment: Persons may speak on scheduled agenda items 1-9/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider an ordinance adopting the FY 2020 Budget by a record vote 2. , Consider a resolution adopting the 2020 Capital Program 3. Consider an ordinance accepting the tax roll and establishing the property tax rate for the tax year 2019 (FY 2020) 4. Consider an ordinance ratifying the budgeted property tax increase reflected in the FY 2020 Budget 5. Consider amending Section 22.02.001, Water Service Rates and Section 22.02.002, Wastewater Service Rates of the Code of Ordinances to increase rates by five percent (5%) effective October 1, 2019 6. Consider amending Section 22.05.211 of the Code of Ordinances to increase garbage rates by $1.50 per month and to delete subset (c) related to recycling service fees 7. Consider authorizing the City Manager to enter into an agreement with Beaumont Developers, LLC for economic development incentives under the Neighborhood Empowerment Zone Program for the redevelopment of a hotel at 625 Orleans in Downtown Beaumont 8. Consider allowing a ninety (90) day extension for the parking, use and occupancy of Manufactured Housing Units (MHUs) as temporary living quarters on residential property during the period of repair or reconstruction of damage to properties caused by Hurricane Harvey at 3940 Anita Street, 11100, 11120, 11130 Church Road, 10355 Dusty Lane, 11427 Old Voth Road, 11437 Carpenter and 8195 San Carlos in accordance with Ordinance 19-011 9. Consider granting a franchise to Jefferson County to use and occupy a portion of Main Street between the Kansas City Southern Railroad right-of-way and the north right-of-way line of Franklin Street in Beaumont, Jefferson County, Texas PUBLIC HEARING * Receive comments on the 2018 Consolidated Annual Performance and Evaluation Report (CAPER) CKI7►5 lu 1 OWN KI Public Comment (Persons are limited to 3 minutes) Councilmembers/City Manager comment on various matters EXECUTIVE SESSIONS Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Lester Leday 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 17, 2019 Consider an ordinance adopting the FY 2020 Budget by a record vote BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: September 17, 2019 REQUESTED ACTION: Council consider an ordinance adopting the FY 2020 Budget by a record, vote. BACKGROUND Article VI, Section 8 of the City Charter states that "the budget shall be adopted by the favorable votes of at least a majority of all members of the Council." Section 9 states that "the budget shall be finally adopted not later than the twenty-seventh (27th) day of the last month of the fiscal year. Should the Council take no final action on or prior to such day, the budget as submitted by the City Manager shall be deemed to have been finally adopted by the Council." Also, SB 1760 provides that if the tax rate exceeds the effective tax rate, the vote on the ordinance setting the tax rate must be a record vote and must be approved by at least 60 percent of the members of the governing body. If the tax rate vote fails, then the lower of the effective rate or prior year tax rate will be the tax rate. Section 102.007 of the Government Code requires the vote to adopt a budget to be a record vote. In addition, the adopted budget will contain a cover page that includes the statement on whether the budget will raise more, less or the same amount of property taxes as the prior year, the record vote of each member of council by name, property tax rates for the preceding and current fiscal years, the effective tax rate, the effective maintenance and operations rate, the rollback tax rate, and the debt rate, along with the amount of debt secured by property taxes. This information is required to be posted on the city's website and remain there for one year after adoption of the budget. The FY 2020 Budget was submitted to Council on August 13, 2019 and reviewed during a work session on August 27, 2019. A public hearing was held on August 27, 2019, which met the requirements of the Charter and state law. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE REFERRED TO AS THE "ANNUAL APPROPRIATION ORDINANCE" ADOPTING A BUDGET FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 2019, AND ENDING SEPTEMBER 30, 2020, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF BEAUMONT; APPORTIONING THE FUNDS OF THE CITY OF BEAUMONT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR SEVERABILITY. WHEREAS, the City Manager of the City of Beaumont submitted to the City Council a budget estimate for the revenues of said City and expenses of conducting the affairs thereof for the fiscal year beginning October 1, 2019, and ending September 30, 2020; and, WHEREAS, after notices and public hearings held in accordance with the requirements of the Charter of the City of Beaumont and the statutes of the State of Texas, the City Council is of the opinion that the budget, as attached hereto as Exhibit "A", should be adopted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted. Section 2. That Exhibit "A" made a part hereof for all purposes is hereby adopted, ratified and approved as the operating budget document of the City of Beaumont. Exhibit "A" is hereby adopted and approved as the budget of all the correct expenses as well as the fixed charges of the City for the -fiscal period beginning the 1st day of October, 2019, and ending the 30th day of September, 2020, and the several amounts stated in Exhibit "A" as proposed expenditures shall be and become appropriated to the several objects and purposes therein named. Notices given, as required for the adoption of said budget, are hereby ratified. Section 3. That the sums indicated are appropriated from the following schedule of funds: a. General b. C. d. e. f. 9• h. 1. j• k. I. m n. Debt Service Water Utilities Water Revenue Bond Reserve Fund Solid Waste Hotel Occupancy Tax Municipal Airport Henry Homberg Golf Course Municipal Transit Other Special Revenue Capital Reserve Fleet Management Employee Benefits General Liability Section 4. $131,825,900 (includes $1.5 million contingency) $17,155,000 $53,098,400 - -0- $14,025,800 0- $14,025,800 $3,190,600 $1,672,000 $795,500 $5,731,500 $12,954,121 $8,566,500 $9,297,200 $23,406,000 $939,200 That the City Manager is hereby authorized to transfer budgeted funds from one line item to another line item provided the transaction is not an inter -fund transfer. Section 5. That if any section, subsection, sentence, clause or 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 in no way affect the remaining portions of this ordinance, and to such end the provisions of this ordinance are declared to be severable. Section 6. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. 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 17th day of September, 2019. - Mayor Becky Ames - CITY OF BEAUMONT, TEXAS Fiscal Year 2020 PROPOSED ANNUAL OPERATING BUDGET October 1, 2019 - September 30, 2020 City Council Becky Ames, Mayor W. L. Pate, Jr., At Large Randy Feldschau, At Large Taylor Neild, Ward I Mike Getz, Ward II Audwin M. Samuel, Ward III Robin Mouton, Ward IV Kyle Hayes, City Manager In accordance with Local Government Code Sec. 102.005(b): This budget will raise more revenue from property taxes than last year's budget by $1,305,000 or 2.57% and included in that amount $527,601 is tax revenue to be raised from new property added to the tax roll this year. EXHIBIT "A" 2 September 17, 2019 Consider a resolution adopting the 2020 Capital Program BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager A, PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: September 17, 2019 REQUESTED ACTION: Council consider a resolution adopting the 2020 Capital Program. BACKGROUND Article VI, Section 20 states that "the Council shall, by resolution, adopt the Capital Program with or without amendment after the public hearing and on or before the twenty-seventh (27h) day of the last month of the current fiscal year." The Capital Program was originally submitted to Council on May 14, 2019. It was submitted to Council on August 13, 2019 with the Budget and reviewed during a work session on August 27, 2019. A public hearing was also held on August 27, 2019. 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 2020 Capital Program is hereby adopted. The Capital Program is substantially in the form attached hereto as Exhibit "A." The Capital Program was originally submitted to Council on May 14, 2019 with a public hearing held on August 27, 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 17th day of September, 2019. - Mayor Becky Ames - BEAUMONT TEXAS May 14, 2019 City Council: The proposed Capital Program for Fiscal Years 2020-2024 is hereby submitted. The Capital Program is a plan prepared annually to provide for physical development within the- City of Beaumont. The City Charter requires the submission of the Capital Program to Council three (3) months prior to the final date for submission of the budget, which is August 15th of each year. The Program is adopted with the annual operating budget. Generally, a capital improvement has the following characteristics: relatively high monetary value (at least $100,000), long life (will last at least 10 years), and results in either the creation of a capital asset, or the revitalization of one. Capital assets are resources owned by the City which have monetary value, long-term character and will be held or used. Examples are land, buildings, and improvements to land other than buildings. Included within the above definition are the following specific items: purchase, improvement and development of land; construction of new facilities for the delivery of City services; remodeling of existing facilities; and the planning/engineering costs related to specific improvements of the type listed above. The Capital Program includes a listing of all Public Works, General Improvements and Water and Sewer improvement projects along with project descriptions and cost estimates. Public Works includes street and storm water drainage projects; General Improvements include general municipal buildings and facility improvements. Water and Sewer includes all projects related to water and sewer infrastructure. Projects are classified in two phases: design or construction, or projects for consideration. A project classified in the design or construction phase is currently under design or construction or is projected to be within the recommended time schedule. Projects classified as for consideration includes projects that will be considered in the future as funding becomes available. Some projects in this category have been designed or have some costs incurred such as the acquisition of rights-of-way or real property. EXH I BIT "A" All available funding sources are considered including Certificates of Obligation, grant funding from various agencies, Water and Sewer Revenue Bonds, other financing methods and available cash. The City normally issues Certificates of Obligation (CO's) on an as needed basis, to provide sufficient cash flow for active Public Works and General Improvement projects. The City routinely issues Water Revenue Bonds for Water and Sewer projects on an as needed basis. This type of bond is serviced utilizing revenues from water and sewer customers. Through projects in the Capital Program, the City of Beaumont strives to enhance the quality of life for its residents. This plan represents our best effort to identify projects that provide the greatest benefit to the citizens of Beaumont. Respectfully Submitted, Kyle Hayes City Manager 206 PUBLIC WORKS PROJECTS [1] Includes Federal Highway Administration funding of $1,000,000. [2] Includes Airport Oil and Gas Revenue. Note - Unless otherwise noted, all projects would be financed through Certificates of Obligation. 207 Recommended Time Schedule FY 2020 FY 2020 - 2024 Estimated Design or Construction Phase Cost Eleventh Street - IH -10 to US 69 N $ 1,350,000 [1] Street Rehabilitation Program 5,000,000 Washington - IH -10 to ML King Jr. Parkway 31,200,000 [2] Projects for Consideration Avenue A - Washington to College 1,700,000 Broadway - ML King Jr. Parkway to 11th 1,300,000 College Street - IH -10 to Goliad 3,000,000 College Street Roundabout 2,800,000 Doucette Avenue - Sycamore Street to Van Buren Avenue 700,000 Dowlen - College to Walden 18,000,000 Fourth Street - US 69 to Ashley 4,500,000 Gladys Street - IH -10 to Dowlen 3,200,000 Highland Avenue - US 69 to Euclid 3,500,000 Jim Gilligan - ML King Jr. Parkway to Jimmy Simmons 1,330,000 ',3 ennsylvania - Washington to ML King Jr. Parkway 600,000 ,r1helan Boulevard - [H-10 to Dowlen 2,900,000 Pointe Parkway North 4,800,000 Sidewalk Program 3,000,000 Voth Road - RFD to Tram 1,400,000 [1] Includes Federal Highway Administration funding of $1,000,000. [2] Includes Airport Oil and Gas Revenue. Note - Unless otherwise noted, all projects would be financed through Certificates of Obligation. 207 Recommended Time Schedule FY 2020 FY 2020 - 2024 GENERAL IMPROVEMENT PROJECTS Design or Construction Phase Riverfront Park Improvements Tyrrell Park Visitors and Birding Center Projects for Consideration Animal Care Services and Adoption Center New Dog Parks Fleet Fire Maintenance Facility Fleet Facility Parking Lot Improvements Purchase of 555 Main Street and Surrounding Property E Estimated Cost $ 3,000,000 2,100,000 4,800,000 400,000 3,500,000 2,500,000 2,150,000 Recommended Time Schedule FY 2020 FY 2020 - 2024 WATER AND SEWER PROJECTS Desiqn or Construction Phase Water Projects Automatic Flushing Devices Water Line and Fire Hydrant Installation/Replacement Water Production System - Repairs Sewer Projects Assessment of Sewer Collection System - City Wide Lift Station Repairs Sewer Rehabilitation - Small Mains (Pipe Renewal) Spindletop, Forrest, Long, ML King Jr. Parkway, and Verone Street Lift Station Rehabilitation Wastewater Treatment Plant Pump Replacement and Renewal Wastewater Treatment Plant Road Repair Wastewater Treatment Plant Trickling Filters Rehabilitation !Yater/Sewer for Street Proiects 'Washington - IH -10 to ML King Note - All projects would be financed through Water and Sewer Revenue Bonds 209 Estimated Cost $ 150,000 1,000,000 1,400,000 2,000,000 300,000 5,000,000 1,000,000 1,000,000 600,000 2,000,000 3,700,000 Recommended Time Schedule FY 2020 WATER AND SEWER PROJECTS Projects for Consideration Water Prol'ects 36" Transmission Line Rehabilitation of West Elevated Storage Tank Sewer Projects Florida Avenue Interceptor Wall and Avenue C Lift Station Wastewater Treatment Plant - Pond No. 2 Rehabilitation Wastewater Treatment Plant Sludge Dewatering Improvements Water/Sewer for Street Projects Dowlen - College to Walden Pointe Parkway North Note - All projects would be financed through Water and Sewer Revenue Bonds 210 Recommended Estimated Time Schedule Cost FY 2020 - 2024 12,000,000 1,100,000 2,500,000 1,600,000 3,800,000 3,500,000 2,800,000 650,000 PUBLIC WORKS PROJECTS AVENUE A — COLLEGE TO WASHINGTON BOULEVARD The section of Avenue A, from College to Washington Boulevard, is a two-lane; two-way collector roadway that was constructed in 1927. This section has reached the end of its useful life and is beginning to experience pavement failures. This section of roadway will receive an asphalt overlay. The estimated cost for the project is $1,700,000. BROADWAY STREET — ELEVENTH TO ML KING JR. PARKWAY This section of Broadway Street reached the end of its useful life and has many pavement failures. The roadway will receive an asphalt overlay. The estimated cost for the project is $1,300,000. COLLEGE STREET - IH -10 TO GOLIAD The section of College, from Goliad to Eleventh Street, was constructed in the mid 1980's. This section has reached the end of its useful life and is beginning to experience pavement failures. This section of roadway will receive an asphalt overlay. The estimated cost for the project is $3,000,000. 1 ? COLLEGE STREET ROUNDABOUT The intersection of College Street and Eleventh Street is a heavily traveled roadway that is experiencing congestion and delays during peak hours. This project will re -configure the intersection into a multi -lane roundabout to improve traffic flow and reduce excessive delays. The limits of construction will be approximately 360 feet from the center of the intersection, in each direction. The estimated cost for the project is $2,800,000. DOUCETTE AVENUE — SYCAMORE STREET TO VAN BUREN AVENUE The section of Doucette Avenue, from Sycamore Street to Van Buren Avenue, is a two-lane, one- way residential roadway. This section has reached the end of its useful life and is beginning to experience pavement failures. This section of roadway will receive an asphalt overlay. The estimated cost for the project is $700,000. DOWLEN - COLLEGE TO WALDEN The extension of Dowlen Road, to the south of College, is needed to provide an additional north/south corridor in the developing southwest area of the City. Specifically, it will extend from College to Walden Road. This project will consist of the construction of a concrete curb and gutter roadway and installation of storm sewer lines, inlets, manholes, city utilities and sidewalks. The right-of-way has been donated by property owners adjacent to the corridor. The estimated cost for the project is $18,000,000. 211 ELEVENTH STREET — IH -10 TO US 69 N The section of Eleventh Street, from IH -10 to US 69, has reached the end of its useful life and is beginning to experience pavement failures. This section of roadway will receive an asphalt overlay. The estimated cost for the project is $1,350,000. The project has Federal Funding in the amount of $1,000,000. FOURTH STREET — US 69 TO ASHLEY The section of Fourth Street, from US 69 to Calder, is a four -lane Major Arterial, and from Calder to Ashley, is a two-lane roadway. The section of Fourth, from US 69 to Ashley, has reached the end of its useful life and is beginning to experience pavement failures. Fourth Street will receive an asphalt overlay. The estimated cost for the project is $4,500,000. GLADYS STREET- IH -10 TO DOWLEN The section of Gladys Street, from IH -10 to Edson, is a four -lane concrete curb and gutter roadway. The section from Edson to Dowlen, is a two-lane asphalt roadway with curbs and gutters. This section has reached the end of its useful life and is beginning to experience pavement failures. This section of Gladys will receive an asphalt overlay. The estimated cost for the project is - $3,200,000. HIGHLAND AVENUE — US 69 TO EUCLID The section of Highland Avenue, from US 69 to Euclid, is a four -lane Secondary Arterial. This section has reached the end of its useful life and is beginning to experience pavement failures. Highland Avenue will receive an asphalt overlay. The estimated cost for the project is $3,500,000. JIM GILLIGAN WAY— ML KING JR. PARKWAY TO JIMMY SIMMONS The section of Jim Gilligan, from ML King Jr. Parkway to Jimmy Simmons, is a four -lane Arterial roadway. This section has reached the end of its useful life and is beginning to experience pavement failures. This section of roadway will receive an asphalt overlay. The estimated cost for the project is $1,330,000. PENNSYLVANIA STREET — WASHINGTON TO ML KING JR. PARKWAY This section of Pennsylvania Street is a two-lane; one-way roadway that has reached the end of its useful life and is beginning to experience pavement failures. This section of roadway will receive an asphalt overlay. The estimated cost for the project is $600,000. PHELAN BOULEVARD - IH -10 TO DOWLEN The section of Phelan Boulevard, from IH -10 to Dowlen Road, was constructed in the early to mid 1970's and is reaching the end of its design life. This is a heavily -traveled roadway that serves as a major connector from the downtown area to the west end of the City. This section of Phelan will receive an asphalt overlay. The estimated cost for the project is $2,900,000. 212 j POINTE PARKWAY NORTH Pointe Parkway North will directly tie into Northwest Parkway and provide a direct interconnection with Highway 105. The right of way and the design phase costs will be paid for by Northwest Beaumont Development LTD. The estimated cost for the project is $4,800,000. SIDEWALK PROGRAM The Sidewalk Program will identify locations for the installation of sidewalks to improve pedestrian safety. Sidewalks to be included will be identified on an annual basis. The estimated cost for the project is $3,000,000. STREET REHABILITATION PROGRAM Residential and arterial streets will be identified on an annual basis. The City will spend an estimated $5,000,000 per year. VOTH ROAD — RFD TO TRAM The section of Voth Road, from RFD to Tram, is a two-lane Major Collector with an asphalt surface. This section has reached the end of its useful life and is beginning to experience pavement failures. Voth Road will receive an asphalt overlay. The estimated cost for the project is $1,400,000. J WASHINGTON - IH -10 TO ML KING JR. PARKWAY Washington Boulevard from ML King Jr. Parkway to IH -10 is a heavily traveled four -lane roadway that provides access from the east to the west ends of Beaumont. The current roadway has a combination of continuous left -turn lanes, left -turn lanes at major intersections and sections with no left -turn lanes. The existing pavement is beginning to experience numerous failures and will require rehabilitation. The project has been divided into two phases. Phase I is complete from ML King Jr. Parkway to Amarillo Street. Phase II is from Amarillo Street to IH -10 and includes improvements to Corporate Drive and Executive Boulevard. The total cost for the project is $31,200,000. 213 GENERAL IMPROVEMENT PROJECTS ANIMAL CARE SERVICES AND ADOPTION CENTER The Animal Care Services Facility would be relocated to a new site that would allow for more grounds space and visibility. The estimated cost of the project is $4,800,000. This project would be financed through Certificates of Obligation. NEW DOG PARKS Dog parks would be constructed at three locations within the City. The proposed improvements would include fencing; water fountains; waste stations; and signage. The estimated total cost for the new dog parks is $400,000. The project would be paid for with available cash or financed through Certificates of Obligation. FLEET FIRE MAINTENANCE FACILITY Construct a new Fleet Fire Maintenance Facility to replace the existing facility located at 1125 Archie Street. The proposed facility would be located near the current Fleet Maintenance Facility located at 4955 Lafin Road. The new facility would consist of a 14,487 square foot shop building, 63,617 square feet of associated concrete paving, and a security fence around the facility. The estimated cost to construct the facility is $3,500,000. This project would be financed through Certificates of Obligation. FLEET FACILITY PARKING LOT IMPROVEMENTS The concrete paving and driveways have reached the end of their useful life and have been experiencing numerous pavement failures. This project consists of a reconstructing parking lot areas, drive access, and the addition of a storm water collection system. The estimated cost for the project is $2,500,000; however, the project will likely be conducted in phases. Different phases of this project would be paid for with available cash or financed through Certificates of Obligation. PURCHASE OF 555 MAIN STREET AND SURROUNDING PROPERTY The City would acquire the building and large parking lot located at 555 Main Street. The City has desired to develop along the Neches River and Riverfront Park for decades. The above property (approximately 3.7 acres) is surrounded by adjacent properties owned by the City of Beaumont. Ownership of 555 Main Street would allow for the City Council to direct and control the development of this site which may include expanding Riverfront Park, providing additional public parking and public spaces; and may facilitate the development of restaurants, retail, office space, housing, and hotels. The estimated cost to acquire the property is $2,150,000. The acquisition would be paid for with available cash. 214 1 RIVERFRONT PARK IMPROVEMENTS The City is planning to construct pedestrian/bike paths, landscaping, and lighting improvements. These improvements are associated with stabilizing the shoreline along Riverfront Park, which was substantially damaged as a result of Hurricane Harvey. The City is working with FEMA and the Corp of Engineers on the bank stabilization project. The estimated cost for the stabilization is not determined at this time. This project will be primarily paid for with funding from FEMA and the difference is projected to be paid from Certificates of Obligation that were issued in 2013. TYRRELL PARK VISITORS AND BIRDING CENTER A portion of the Tyrrell Park Community Building (approximately 6,432 square feet, including the porch areas) will be restored to its near original condition. The back portion of the building (south wing) will be an open courtyard. The building will be used as a visitor center for those visiting Tyrrell Park and Cattail Marsh. The Visitors and Birding Center will have displays and information about Cattail Marsh; birding species identified at the natural wetlands; park amenities and area attractions. The estimated cost is $2,100,000. This project will be paid for by utilizing excess fund balance in the Hotel Occupancy Tax Fund. 215 WATER AND SEWER PROJECTS 36" TRANSMISSION LINE This project will extend a 36" water transmission line from the -Water Treatment Plant on Pine Street to Dishman Road to supply the new 2 million gallon elevated storage tank on Dishman Road with water providing for a dual feed system. In addition, it will increase the water pressure in areas along its path. The estimated cost for the project is $12,000,000. ASSESSMENT OF SEWER COLLECTION SYSTEM — CITY WIDE Develop and implement a multiyear program for achieving and sustaining compliance with TCEQ and U.S. EPA requirements for control of sewer overflows from the collection system. The estimated cost for the project is $2,000,000. AUTOMATIC FLUSHING DEVICES Federal and State regulations require the City of Beaumont to maintain chlorine residual in the water distribution system. The dead-end lines in the system must be flushed on a weekly basis to be able to maintain the required residual and protect public health and safety. The increased cost of labor and equipment utilized in manually flushing the dead-end water lines will be eliminated by the installation of the automatic flushing devices. In addition, such devices will help the City measure and record the volume of water used during the flushing operations. The estimated cost for the project is $150,000. FLORIDA AVENUE INTERCEPTOR The Florida Avenue Interceptor was constructed in 1947. It is approximately 5,100 linear feet consisting of 27 inch and 24 inch concrete pipe. The interceptor extends from the Florida Avenue Lift Station to University Drive. This project was initiated due to failing joints, and a large number of cavities in the existing concrete pipe causing infiltration of storm water, interrupting service, increasing the number of overflows and impacting the Florida Avenue Lift Station's efficiency. The estimated cost for the project is $2,500,000. LIFT STATION REPAIRS The City of Beaumont owns, operates, and maintains 78 sewer lift stations throughout the City. This project will rehabilitate deteriorated stations that require constant maintenance. The estimated cost for the project is $300,000 per year. REHABILITATION OF WEST ELEVATED STORAGE TANK This project will rehabilitate the interior and exterior of the West Elevated Storage Tank located just east of IH -10 at Laurel Avenue. The estimated cost for the project is $1,100,000. 216 SEWER REHABILITATION SMALL MAINS (PIPE RENEWAL) The City of Beaumont owns, operates and maintains 760 miles of sewer lines that range in size from 6 to 72 inches. Some of these lines were built in the early 1950's and have exceeded their life expectancy. This project will rehabilitate 60,000 linear feet of sewer pipe per year for a five- year period. The estimated cost for the project for fiscal year 2020 is $5,000,000. SPINDLETOP, FORREST, LONG, ML KING JR. PARKWAY AND VERONE STREET LIFT STATION REHABILITATION This project will provide for the rehabilitation of five sewer lift stations. They are the Spindletop, Forrest, Long, ML King Jr. Parkway, and Verone Street lift stations. The estimated cost for the project is $1,000,000. WALL AND AVENUE C LIFT STATION This project will provide for the construction of a new control building at the Wall and Avenue C lift station, and installation of all new electrical equipment, new submersible sewage pumps, and modification to the existing wet well structure. The existing control equipment, located inside the existing dry pit, will be removed and salvaged. The estimated cost for the project is $1,600,000. WASTEWATER TREATMENT PLANT TRICKLING FILTERS REHABILITATION The four trickling filters at the Wastewater Treatment Plant have deteriorated and need major rehabilitation. The project will rehabilitate all the structural elements. The estimated cost for the project is $2,000,000. WASTEWATER TREATMENT PLANT - POND NO. 2 REHABILITATION This project will remove accumulated solids, re -grade pond bottom, and install new aeration equipment. The estimated cost for the project is $3,800,000. WASTEWATER TREATMENT PLANT PUMP REPLACEMENT This project will provide for the replacement of five (5) pumps and four (4) motors at the Wastewater Treatment Plant that deteriorated and need major repairs. The estimated cost for the project is $1,000,000. WASTEWATER TREATMENT PLANT ROAD REPAIRS The roads inside the Wastewater Treatment Plant were constructed in the early 1950's. The roads have reached the end of their useful life and are beginning to experience pavement failures due to major construction projects inside the plant. The roads will receive an asphalt overlay. The estimated cost for the project is $600,000. 217 WASTEWATER TREATMENT PLANT SLUDGE DEWATERING IMPROVEMENTS The project will replace an existing 1.0 meter sludge belt press unit and install additional 2.0 meter sludge belt press; including a foundation and canopy for new equipment, piping and electrical improvements, and reconstruction of existing sludge dry beds; including new concrete walls, media and underdrain piping. The estimated cost for the project is $3,500,000. WATER LINE AND FIRE HYDRANT INSTALLATION / REPLACEMENT The City of Beaumont owns and operates 760 miles of water lines. Sixty percent of the water lines have shown signs of deterioration. This pro -active project will replace deteriorated water lines prior to failure to ensure uninterrupted service and adequate fire protection to the customers. The estimated cost for the project is $1,000,000 per year. WATER PRODUCTION SYSTEM — REPAIRS The City owns, operates and maintains a 46 million gallons per day (MGD) drinking water production system. This system consists of canals, deep wells, booster pump stations, water treatment equipment and a complex control system which requires constant maintenance, repairs and replacements. The estimated cost for the project is $1,400,000. BEIM WATER/SEWER for STREET PROJECTS DOWLEN - COLLEGE TO WALDEN This project will replace approximately 650 linear feet of water lines with all related appurtenances. The existing lines have deteriorated and require constant maintenance. In addition, this project will extend 12,000 linear feet of water and 12,000 linear feet of sanitary sewer lines to serve proposed future developments. The estimated cost for the project is $2,800,000. POINTE PARKWAY NORTH The project will install approximately 3050 linear fee of 10, 15, 24 inch sanitary sewer lines and 3,350 linear fee of 6 and 8 inch water lines with all related appurtenances. The estimated cost for the project is $650,000. WASHINGTON - IH -10 TO ML KING This project will rehabilitate approximately 7,800 linear feet of sanitary sewer lines and replace 27,000 linear feet of water lines with all related appurtenances. The estimated cost for the project is $3,700,000. 219 Outstanding Debt Relative to the assessed value of property within the Beaumont city limits, the outstanding general obligation debt has ranged between a high of 3.39% at 10/01/2013 and a low of 1.88% at 10/01/2009. 1 Outstanding debt shown net of self-supporting HUD Section 108 loan. As a percentage of total general government expenditures (General Fund and Debt Service), annual tax supported debt service payments have ranged from 13.11 % to 13.76% during the period FY 2014 through FY 2018. Debt Service as a Percent of Outstanding Assessed Debt Fiscal Debt (1) Value Ratio 10/01/09 123,139,250 6,556,908,133 1.88% 10/01/10 145, 775,100 6,808,190,820 2.12% 10/01/11 176,840,050 6,753,396,435 2.62% 10/01/12 194,680,500 6,785,451,898 2.86% 10/01/13 231,093,050 6,824,647,428 3.39% 10/01/14 225,874,150 6,891,134,490 3.28% 10/01/15 217,504,350 6,935,933,700 3.14% 10/01/16 209,874,250 7,209,192,016 2.91% 10/01/17 203,806,150 7,426,450,851 2.74% 10/01/18 206,201,550 7,479,895,163 2.75% 1 Outstanding debt shown net of self-supporting HUD Section 108 loan. As a percentage of total general government expenditures (General Fund and Debt Service), annual tax supported debt service payments have ranged from 13.11 % to 13.76% during the period FY 2014 through FY 2018. Debt Service as a Percent of 220 General General Fiscal Government Debt Service Government Year Expenditures Payments Expenditures 2014 $ 114,418,452 $ 15,742,308 13.76% 2015 113,908,102 15,654,777 13.74% 2016 116,482,347 15,270,220 13.11% 2017 118,023,177 15,492,617 13.13% 2018 121, 607, 820 16,114,225 13.25% 2019 (est) 126,900,000 17,143,470 13.51% 220 September 17, 2019 Consider an ordinance accepting the tax roll and establishing the property tax rate for the tax year 2019 (FY 2020) BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer -1 MEETING DATE: September 17, 2019 REQUESTED ACTION: Council consider an ordinance accepting the tax roll and establishing the property tax rate for the tax year 2019 (FY 2020). BACKGROUND The Jefferson Central Appraisal District submitted the Certified Tax Roll on July 19, 2019, in the amount of $7,669,216,149. Based on this taxable value, a property tax rate of $0.71/$100 valuation for the tax year 2019 (FY 2020) is proposed, which is the current rate. The tax rate would be apportioned $0.49211/$100 assessed valuation to the General Fund and $0.21789/$100 assessed valuation to the Debt Service Fund. As required by Section 26.05 of the Tax Code: The tax rate consists of two components, each of which must be approved separately by a record vote and at least 60 percent of the governing body must vote in favor of the ordinance. That ordinance must include the following statement: "THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE". FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. I move that the property tax rate be increased by the adoption of a tax rate of $0.71/$100, which is effectively a 1.55 percent increase in the tax rate. The tax rate is the same as the 2019 tax rate but is 1.55 percent above the 2019 effective tax rate. This is the third year the tax rate has remained the same." ORDINANCE NO. ENTITLED AN ORDINANCE ACCEPTING THE TAX ROLL FOR THE CITY OF BEAUMONT; ESTABLISHING A TAX RATE; PROVIDING FOR LEVYING, ASSESSING AND COLLECTING OF AD VALOREM TAXES FOR THE TAX YEAR 2019 (FY 2020); PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. WHEREAS, the Jefferson County Appraisal District has furnished to the City of Beaumont the certified tax roll for the City of Beaumont as of July 19, 2019 to be $7,669,216,149.00; and, WHEREAS, the City Council finds that the tax roll submitted by the Jefferson County Appraisal District should be accepted and that a tax rate in the amount of $0.71 per each $100 of value for the tax year 2019 (FY 2020) should be established based upon said roll; and, WHEREAS, THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S. TAX RATE; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted. Section 2. That the tax roll submitted to the City Council by the Jefferson County Appraisal District, a summary of which is attached as Exhibit "A", and showing the total net taxable assessed value of all property within the City to be $7,669,216,149.00 is hereby approved and accepted by the City of Beaumont. Section 3. That there shall be and is hereby levied and shall be assessed and collected for the tax year 2019 (FY 2020), for municipal purposes only, an ad valorem tax rate of $0.71 on each $100 worth of property value located within the city limits of the City of Beaumont made taxable by law, which said taxes, when collected, shall be for the purposes hereinafter set forth as follows: General Fund $0.49211/$100 Debt Service Fund $0.21789/$100 Section 4. That if any section, subsection, sentence, clause or 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 5. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. 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 17th day of September, 2019. - Mayor Becky Ames - ORDINANCE NO. ENTITLED AN ORDINANCE ACCEPTING THE TAX ROLL FOR THE CITY OF BEAUMONT; ESTABLISHING A TAX RATE; PROVIDING FOR LEVYING, ASSESSING AND COLLECTING OF AD VALOREM TAXES FOR THE TAX YEAR 2019 (FY 2020); PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. WHEREAS, the Jefferson County Appraisal District has furnished to the City of Beaumont the certified tax roll for the City of Beaumont as of July 19, 2019 to be $7,669,216,149.00; and, J WHEREAS, the City Council finds that the tax roll submitted by the Jefferson County Appraisal District should be accepted and that a tax rate in the amount of $0.71 per each $100 of value for the tax year 2019 (FY 2020) should be established based upon said roll; and, WHEREAS, THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE; WHEREAS, THE TAX RATE WILL EFFECTIVELY BE RAISED BY 1.5 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $10.84; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted. Section 2. That the tax roll submitted to the City Council by the Jefferson County Appraisal District, a summary of which is attached as Exhibit "A", and showing the total net taxable assessed value of all property within the City to be $7,669,216,149.00 is hereby approved and accepted by the City of Beaumont. Section 3. That there shall be and is hereby levied and shall be assessed and collected for the tax year 2019 (FY 2020), for municipal purposes only, an ad valorem tax rate of $0.71 on each $100 worth of property value located within the city limits of the City of Beaumont made taxable by law, which said taxes, when collected, shall be for the purposes hereinafter set forth as follows: General Fund $0.49211/$100 Debt Service Fund $0.21789/$100 Section 4. That if any section, subsection, sentence, clause or 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 5. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. 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 17th day of September, 2019. - Mayor Becky Ames - STATE OF TEXAS COUNTY OF JEFFERSON CERTIFICATION OF 2019 APPRAISAL ROLL FOR City of Beaumont I, Angela Bellard, Chief Appraiser for the Jefferson Central Appraisal District, solemnly swear that the attached is that portion of the approved Appraisal Roll of the Jefferson Central Appraisal District that lists property taxable by and constitutes the appraisal roll for City of Beaumont. July 19, 20107 9 �( Date Anggg Bellard, RPA, RES, AAS Chief Appraiser Jefferson Central Appraisal District 2019 Market Value 2019 Taxable Value 2019 APPRAISAL ROLL INFORMATION EXHIBIT "A" $9,294,896,081 $7,669,216,149 APPROXIMATE TOTAL LEVY = NET TAXABLE * (TAX RATE / 100) 54,451,434.66 = 7,669,216,149 * (0.710000 / 100) Tax Increment Finance Value: Tax Increment Finance Levy: 0 0.00 Homestead Cap (-) 4,332,266 Assessed Value = 9,243,834,669 Total Exemptions Amount (-) 1,574,618,520 (Breakdown on Next Page) Net Taxable = 7,669,216,149 221/221 Page 1 of 4 True Automation, Inc. Jefferson County County 2019 CERTIFIED TOTALS As of Certification 221 - CITY OF BEAUMONT Property Count: 65,171 Grand Totals 7/19/2019 2:27:03PM [-an- a ue Homesite: 284,161,704 Non Homesite: 867,787,577 Ag Market: 43,193,586 Timber Market: 4,220,439 Total Land H 1,199,363,306 mprovement Value Homesite: 2,519,167,257 Non Homesite: 3,912,338,645 Total Improvements H 6,431,505,902 Non,'Real Count Value Personal Property: 8,038 1,660,578,297 Mineral Property: 174 3,448,576 Autos: 0 0 Total Non Real N 1,664,026,873 Market Value = 9,294,896,081 Ag Non Exempt Exempt - Total Productivity Market 47,414,025 0 Ag Use: 486,836 0 Productivity Loss (-) 46,729,146 Timber Use: 198,043 0 Appraised Value = 9,248,166,935 Productivity Loss: 46,729,146 0 APPROXIMATE TOTAL LEVY = NET TAXABLE * (TAX RATE / 100) 54,451,434.66 = 7,669,216,149 * (0.710000 / 100) Tax Increment Finance Value: Tax Increment Finance Levy: 0 0.00 Homestead Cap (-) 4,332,266 Assessed Value = 9,243,834,669 Total Exemptions Amount (-) 1,574,618,520 (Breakdown on Next Page) Net Taxable = 7,669,216,149 221/221 Page 1 of 4 True Automation, Inc. Jefferson County County 2019 CERTIFIED TOTALS As of Certification 221 - CITY OF BEAUMONT Property Count: 65,171 Grand Totals 7/19/2019 2:27:06PM Exemption Breakdown Exemption ount Local State T tai AB 3 111,435,100111,435,100 CHODO 33 1,535,830 0 1,535, 830 CHODO (Partial) 1 45,260 0 45,260 DP 861 14,755,911 0 14,755,911 DPS 33 560,000 0 560,000 DV1 85 0 522,439 522,439 DVI S 4 0 20,000 20,000 DV2 65 0 503,850 503,850 DV2S 1 0 7,500 7,500 DV3 69 0 676,831 676,831 DV4 403 0 4,563,849 4,563,849 DWS 9 0 108,000 108,000 DVHS 298 0 38,659,728 38,659,728 DVHSS 21 0 2,553,773 2,553,773 EX-XG 6 0 1,181,940 1,181,940 EX -XI 16 0 7,432,100 7,432,100 EX -XJ 44 0 18,601,550 18,601,550 EX -XL 3 0 2,277,650 2,277,650 FSC -XU 99 0 3,073,250 3,073,250 EX -XV 3,503 0 1,209,385,720 1,209,385,720 EX -XV (Prorated) 72 0 640,967 640,967 EX366 56 0 15,290 15,290 FR 29 0 0 0 GIT 1 1,880,880 0 1,880,880 LIH 2 0 2,892,810 2,892,810 OV65 8,774 149,701,832 0 149,701, 832 OV65S 53 875,000 0 875,000 PC 3 711,460 0 711,460 Totals 281,501,273 1,293,117,247 1,574,618,520 221/221 Page 2 of 4 True Automation, Inc. Jefferson County County 2019 CERTIFIED TOTALS As of Certification 221 - CITY OF BEAUMONT Property Count: 65,171 Grand Totals 7/19/2019 2:27:06PM State Category Breakdown State Coe Description Count Acres ew a ue Market Value Taxa e a ue A SINGLE FAMILY RESIDENCE 37,000 $36,468,547 $3,838,609,335 $3,622,072,363 B MULTIFAMILY RESIDENCE 680 $31,016,100 $420,629,000 $420,215,280 C1 VACANT LOTS AND LAND TRACTS 11,111 $22,000 $114,070,574 $114,040,920 D1 QUALIFIED AG LAND 205 7,096.8667 $0 $47,414,025 $684,879 D2 NON-QUALIFIED LAND 4 $0 $29,600 $29,600 E FARM OR RANCH IMPROVEMENT 427 5,897.6728 $87,620 $57,545,179 $56,941,316 F1 COMMERCIAL REAL PROPERTY 3,168 $27,653,610 $1,599,646,794 $1,595,540,014 F2 INDUSTRIAL REAL PROPERTY 64 $0 $323,768,910 $215,830,730 G1 OIL AND GAS 174 $0 $3,448,576 $3,448,576 H2 GOODS IN TRANSIT 1 $0 $1,880,880 $0 J2 GAS DISTRIBUTION SYSTEM 24 $0 $13,558,200 $13,558,200 J3 ELECTRIC COMPANY (INCLUDING C 92 $0 $125,061,060 $125,061,060 J4 TELEPHONE COMPANY (INCLUDI 18 $0 $21,341,580 $21,341,580 J5 RAILROAD 53 $0 $44,138,480 $44,138,480 J6 PIPELAND COMPANY 173 $0 $52,294,610 $52,294,610 J7 CABLE TELEVISION COMPANY 7 $0 $15,334,840 $15,334,840 J8 OTHER TYPE OF UTILITY 118 $0 $18,853,030 $18,853,030 L1 COMMERCIAL PERSONAL PROPE 7,307 $0 $832,872,597 $832,872,597 L2 INDUSTRIAL PERSONAL PROPERT 110 $0 $457,770,450 $457,609,850 M1 TANGIBLE OTHER PERSONAL, MOB 363 $2,183,100 $3,869,960 $3,672,190 O RESIDENTIAL INVENTORY 230 $2,058,600 $7,481,380 $7,481,380 S SPECIAL INVENTORY TAX 93 $0 $48,172,370 $48,172,370 X TOTALLY EXEMPT PROPERTY 3,835 $21,456,513 $1,247,104,651 $22,284 Totals 12,994.5395 $120,946,090 $9,294,896,081 $7,669,216,149 221/221 Page 3 of 4 True Automation, Inc. Jefferson County County 2019 CERTIFIED TOTALS As of Certification 221 - CITY OF BEAUMONT Property Count: 65,171 Grand Totals 7/19/2019 2:27:06PM CAD State Category Breakdown State Code Description Count Acres New Value MarketValue Taxable Va ue A 10 $51,307 $204,359 $200,044 Al REAL, RESIDENTIAL, SINGLE-FAMILY 33,850 $35,411,340 $3,624,306,093 $3,418,965,176 A2 REAL, RESIDENTIAL, MOBILE HOME 27 $0 $469,510 $402,160 A5 TOWNHOME/PATIOH/GARDENH/CON 2,915 $978,810 $211,929,265 $200,999,205 A7 REAURES/MH 5 AC/LESS-BY OWNER 197 $27,090 $1,664,250 $1,469,920 AO REAL-RESID ORGAN IZATION-CHARI 1 $0 $35,858 $35,858 B 2 $0 $2,892,810 $2,892,810 B1 REAL, RESIDENTIAL, APARTMENTS 282 $31,016,100 $402,006,900 $402,006,900 B2 REAL, RESIDENTIAL, DUPLEXES 355 $0 $13,193,640 $12,820,190 B4 'REAL, RESIDENTIAL(FOUR PLEXES) 41 $0 $2,535,650 $2,495,380 C1 REAL, VACANT PLATTED RESIDENTI 9,833 $0 $68,523,525 $68,493,871 C2 REAL, VACANT PLATTED COMMERCI) 1,278 $22,000 $45,547,049 $45,547,049 Di REAL, ACREAGE, RANGELAND 212 7,160.7974 $0 $48,122,719 $1,393,573 D2 REAL, ACREAGE, TIMBERLAND 4 $0 $29,600 $29,600 D3 REAL, ACREAGE, FARMLAND 19 $64,880 $2,781,580 $2,781,580 D4 REAL, ACREAGE, UNDEVELOPED LA 352 $12,600 $41,186,454 $41,186,454 D9 RIP\RAP 1 $0 $88,760 $88,760 E E 1 $0 $6,411 $6,411 El REAL, FARM/RANCH, HOUSE 44 $10,140 $12,667,220 $12,080,857 E2 REAL, FARM/RANCH, MOBILE HOME 1 $0 $4,010 $4,010 E7 MH ON REAL PROP (5 AC/MORE) MH 2 $0 $102,050 $84,550 F1 REAL, Commercial 3,168 $27,653,610 $1,599,646,794 $1,595,540,014 F2 REAL, Industrial 34 $0 $321,096,760 $213,158,580 F5 OPERATING UNITS ACREAGE 30 $0 $2,672,150 $2,672,150 G1 OIL AND GAS 174 $0 $3,448,576 $3,448,576 H2 GOODS IN TRANSIT 1 $0 $1,880,880 $0 J2 REAL & TANGIBLE PERSONAL, UTILI 24 $0 $13,558,200 $13,558,200 J3 REAL & TANGIBLE PERSONAL, UTILI 92 $0 $125,061,060 $125,061,060 J4 REAL & TANGIBLE PERSONAL, UTILI 18 $0 $21,341,580 $21,341,580 J5 REAL & TANGIBLE PERSONAL, UTILI 53 $0 $44,138,480 $44,138,480 J6 REAL & TANGIBLE PERSONAL, UTILI 173 $0 $52,294,610 $52,294,610 J7 REAL & TANGIBLE PERSONAL, UTILI 7 $0 $15,334,840 $15,334,840 J8 REAL & TANGIBLE PERSONAL, UTILI 118 $0 $18,853,030 $18,853,030 L1 TANGIBLE, PERSONAL PROPERTY, C 7,307 $0 $832,872,597 $832,872,597 L2 TANGIBLE, PERSONAL PROPERTY, 1 110 $0 $457,770,450 $457,609,850 M1 TANGIBLE OTHER PERSONAL, MOB[ 363 $2,183,100 $3,869,960 $3,672,190 01 INVENTORY, VACANT RES LAND 230 $2,058,600 $7,481,380 $7,481,380 S SPECIAL INVENTORY 93 $0 $48,172,370 $48,172,370 X 3,835 $21,456,513 $1,247,104,651 $22,284 Totals 7,160.7974 $120,946,090 $9,294,896,081 $7,669,216,149 221/221 Page 4 of 4 True Automation, Inc. Ii September 17, 2019 Consider an ordinance ratifying the budgeted property tax increase reflected in the FY 2020 Budget BEAUMQNT TO: City Council FROM: Kyle Hayes, City Manager 4 PREPARED BY: Todd Sunoneaux, Chief Financial Officer MEETING DATE: September 17, 2019 REQUESTED ACTION: Council consider an ordinance ratifying the budgeted property tax increase reflected in the FY 2020 Budget. BACKGROUND Section 102 of the Local Government Code includes the following: "Adoption of a budget that will require raising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget. A vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate required by Chapter 26, Tax Code, or other law." The current tax rate of $0.71 per $100 assessed will remain at $0.71 per $100 of assessed valuation. The budgeted revenue from property taxes is expected to be $1,305,000 more than FY 2019. Of this amount, $527,601 is attributable to new property added to the tax roll this year. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE RATIFYING THE BUDGETED PROPERTY TAX INCREASE REFLECTED IN THE FY 2020 BUDGET. WHEREAS, the proposed FY 2020 budget will raise more total property taxes than last year's budget by $1,305,000.00 or 1.55%; and, WHEREAS, the adoption of a budget that will raise more revenue from property taxes than in the previous year requires a vote separate from and in addition to the vote to adopt the budget; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted. Section 2. That the property tax increase reflected in the budget which will raise more total property taxes than last year's budget by $1,305,000.00 be and the same is hereby, by separate vote, ratified. 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 17th day of August, 2019. - Mayor Becky Ames - "I move that the property tax rate be increased by the adoption of a tax rate of 0.710000, which is effectively a 1.55 percent increase in the tax rate. The tax rate is the same as the 2019 tax rate but is 1.55 percent above the 2019 effective tax rate. This is the third year the tax rate has remained the same." EXHIBIT "A" 5 September 17, 2019 Consider amending Section 22.02.001, Water Service Rates and Section 22.02.002, Wastewater Service Rates of the Code of Ordinances to increase rates by five percent (5%) effective October 1, 2019 BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: September 17, 2019 REQUESTED ACTION: Council consider amending Section 22.02.001, Water Service Rates and Section 22.02.002, Wastewater Service Rates of the Code of Ordinances to increase rates by five percent (5%) effective October 1, 2019. BACKGROUND The FY 2020 Budget anticipates issuing an estimated $20 million in revenue bonds during FY 2020. The water and sewer systems require ongoing maintenance and repair. The bond funds will be used for capital improvements at the water plant, sewer plant and related infrastructure. Many of the capital improvements are required to meet state and federal regulations. The revenue generated by the five percent increase will pay the debt service related to the revenue bonds and other increased operational expenses. Based on rates inside the city limits for a 5/8" meter for a residential water and sewer customer, the minimum bill (up to 1,000 gallons) will increase by $1.07 per month from $21.38 per month to $22.45 per month. Alternatively, a customer using an average of 6,000 gallons per month would see an increase in their bill by $3.17 per month from $63.23 per month to $66.40 per month. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. Meter Size/Inches 5/8 1 11/2 2 3 4 6 8 10 12 Usage Rate First 1,000 Gallons Over 1,000 Gallons $ Per 1000 Gallons Meter Size/Inches 5/8 1 1 1/2 2 3 4 6 8 10 12 Usage Rate First 1,000 Gallons Over 1,000 Gallons $ Per 1000 Gallons Water/Sewer Rate Increase October 1, 2019 Minimum Monthly Rates Water Inside City Current Proposed Rate Rate $ 13.04 $ 13.69 14.45 15.17 15.85 16.64 19.78 20.77 40.18 42.19 48.71 51.15 87.82 92.21 120.77 126.81 166.19 174.50 207.19 217.55 Minimum Minimum $ 4.41 $ 4.63 Sewer Inside City Current Proposed Rate Rate Outside City Proposed Rate $ 20.54 22.76 24.96 31.15 63.28 76.72 138.32 190.21 261.75 326.32 Minimum $ 6.95 Outside City Proposed Rate $ 8.34 $ 8.76 $ 13.14 8.48 8.90 13.36 8.62 9.05 13.58 9.36 9.83 14.74 10.59 11.12 16.68 15.51 16.29 24.43 25.44 26.71 40.07 31.08 32.63 48.95 42.39 44.51 66.76 53.67 56.35 84.53 Minimum Minimum $ 3.96 $ 4.16 Minimum 6.24 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 22, ARTICLE 22.02, SECTIONS 22.02.001(a) and (b) AND 22.02.002(a) and (b) OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO INCREASE WATER AND WASTEWATER RATES; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That Chapter 22, Article 22.02, Section 22.02.001(a) and (b) of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Sec. 22.02.001. Water service rates. (a) Effective October 1, 2019, the following rates per month shall be the rates charged for water service furnished to customers within and outside of the corporate limits of the city except as provided in paragraph (b) of this section. Water/Sewer Rate Increase October 1, 2019 Minimum Monthly Rates Water Inside City Outside City Meter Size/inches Rate Rate 5/8 $ 13.69 $ 20.54 1 15.17 22.76 1 1/2 16.64 24.96 2 20.77 31.15 3 42.19 63.28 4 51.15 76.72 6 92.21 138.32 8 126.81 190.21 10 174.50 261.75 12 217.55 326.32 Usage Rate First 1,000 Minimum Minimum Gallons Over 1,000 Gallons $ Per 1000 Gallons $ 4.63 $ 6.95 (b) Senior citizens who comply with subsection (c) below will receive a discount equivalent to one thousand (1,000) gallons of water ($4.63): Section 2. That Chapter 22, Article 22.02, Section 22.02.002(a) and (b), of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Sec. 22.02.002. Wastewater service rates. (a) Effective October 1, 2019, the following rates per month shall be the rates charged for wastewater services furnished to customers within and outside of the corporate limits of the city where the wastewater produced by such customers is a normal strength wastewater (150 mg/1 lb) except as provided in paragraph (b) of this section. Meter Size/Inches Sewer Inside City Rate Outside Cit, Rate 5/8 $ 8.76 $ 13.14 1 8.90 13.36 1 1/2 9.05 13.58 2 9.83 14.74 3, 11.12 16.68 4 16.29 24.43 6 26.71 40.07 8 32.63 48.95 10 44.51 66.76 12 56.35 84.53 Usage Rate, First 1,000 Minimum Minimum Gallons Over 1,000 Gallons $ Per 1000 Gallons $ 4.16 $ 6.24 (b) Senior citizens who comply with subsection (c) below will receive a discount equivalent to one thousand (1,000) gallons of water ($4.16). Section 3. This ordinance shall be effective from and after October 1, 2019. Section 4. All ordinances or part 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 of Ordinances of the City 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 17th day of September, 2019. - Mayor Becky Ames - 0 September 17, 2019 Consider amending Section 22.05.211 of the Code of Ordinances to increase garbage rates by $1.50 per month and to delete subset (c) related to recycling service fees BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: September 17, 2019 REQUESTED ACTION: Council consider amending Section 22.05.211 of the Code of Ordinances to increase garbage rates by $1.50 per month and to delete subset (c) related to recycling service fees. BACKGROUND The Solid Waste Fund anticipates increased operational and capital expenses in FY 2020. The increase in cost is mainly attributable to the landfill operations as the City continues to experience high volumes of landfill activity in the wake of Hurricane Harvey. In order to comply with TCEQ requirements, the City must maintain sufficient, reliable and operational heavy equipment needed to cover the landfill operations on a daily basis. The FY 2020 Budget anticipates the procurement of four grappler trucks, two heavy dozers, and the rebuild of another heavy dozer. The new vehicles and equipment are all replacements and have a projected cost of $2,281,000. The proposed rate increase of $1.50 per month ($18.25 to $19.75) will fund the purchase of these capital items and is also necessary to ensure that the minimum fund balance requirement of fifteen percent (15%) is maintained per financial policies. Subset (c) "Recycling Service" will be deleted from the Code of Ordinances since this service was discontinued at the end of July 2019. The rate increase of $1.50 per month would be effective October 1, 2019. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. Sec. 22.05.211 Residential and reeyelinb service (a) The solid waste division shall systematically collect and remove garbage, trash, feeyelable ateFialT and yard waste from premises used for residential purposes. All residences in the city are subject to, and the owners or occupants are required to pay, a collection services fee except: (1) Residences from which the owners or occupants are serviced by a private collector as defined in this article. (2) Residences on which the owners or occupants use an on -property disposal method that is approved by the city, county, and state. (3) Residences that are vacant and water service for which is discontinued. (4) Owners of vacant residences who do not require water service will not be required to pay a garbage and trash collection fee. (b) Garbage and trash rates. No rate adjustment will be made for temporary nonuse of service. Nonpayment of the collection services fee shall be sufficient grounds for discontinuance of city water service. The rate for collection outside the city limits shall be one hundred fifty (150) percent of the rate established for service inside the city limits. No type of service will be offered residences exempted under section 22.05.007(c) or for vacant lots except as provided in section 22.05.062. If a business is located in a part of a residence, a collection services fee shall be charged for each connection to the city's water system. The following monthly rates apply for collection services: (1) The monthly rates for standard collection services shall consist of the following elements: (A) Garbage and trash collection: $18.25. 19.75 A 10% discount to the garbage and trash collection fee shall apply to customers residing in single-family residences who are sixty-five (65) years of age or older. To obtain the senior citizen garbage and trash collection rate, eligible persons must file a sworn application on a form provided therefor with the central collections division. The rate shall remain in effect so long as the customer residing in the single-family residence is sixty-five (65) years of age or older. (B) Additional containers: A one-time $20.00 prep and delivery fee for each additional container obtained. The monthly fee for each additional container is three dollars and seventy-five cents ($3.75) per month. (2) A reconnect container fee will be assessed for those households whose garbage container(s) have been collected by the city due to the removal of a water meter as a result of nonpayment of city water and/or garbage services, and then subsequently reissued upon payment and reinstallation of the meter. (A) Reconnect container fee: $20.00 per container. (Ordinance 92-7, sec. 1, adopted 1/28/92; Ordinance 93-5, sec. 1, adopted 2/2/93; Ordinance 94-61, sec. 1, adopted 12/13/94; Ordinance 00-63, sec. 4, adopted 8/15/00; Ordinance 02-092, secs. 1-3, adopted 11/5/02; Ordinance 05-087, secs. 1, 2, 10/18/05; 1978 Code, sec. 28-24.1; Ordinance 07-094, sec. 1, adopted 9/25/07; Ordinance 08-040, sec. 16, adopted 5/13/08; Ordinance 11-084, sec. 1, adopted 10/25/11; Ordinance 12-028, sec. 1, adopted 6/12/12; Ordinance 13-040, sec. 1, adopted 6/25/13; Ordinance 13-073, sec. 2, adopted 12/17/13; Ordinance 15-038, sec. 1, adopted 9/29/15; Ordinance 16-042, sec. 1, adopted 8/23/16; Ordinance 18-005, secs. 1- 2, adopted 2/20/18) Kyle Hayes From: Todd Simoneaux Sent: Friday, September 13, 2019 10:26 AM To: Kyle Hayes Subject: RE: The grapplers are $280,496 each (4) Two dozers have a cost of $320,285 each. The dozer rebuild is at a cost of $$463,000 The difference in these costs and the $2,281,000 is architectural and engineering costs in the landfill ($55,446) Todd Simoneaux, CPA Chief Financial Officer City of Beaumont 409-880-3116 (office) 409-880-3132 (fax) From: Kyle Hayes <Kyle.Hayes@Bea umontTexas.gov> Sent: Friday, September 13, 2019 9:38 AM To: Todd Simoneaux <Todd.Simoneaux@ Bea umo ntTexas.gov> Subject: Good morning! Send me the projected cost for each grappler; each dozer and the rebuild. Council may want to review this. , Thanks. Sir" WITJI 07110nTO1C ally BEAUMON* T , 6 X A - Kyle Hayes, City Manager City of Beaumont, Texas email: kvle.havesQbeaumonttexas.Eov www. beaumonttexas.gov 1 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 22, SECTIONS 22.05.211(b)(1)(A) and REPEALING CHAPTER 22, ARTICLE 22.05, SECTION 22.05.211 (C) OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, TO INCREASE GARBAGE AND TRASH RATES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 22, Sections 22.05.211(b)(1)(A) of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: Sec. 22.05.211 Residential service (b) Garbage and trash rates. No rate adjustment will be made for temporary non-use of service. Nonpayment of the collection services fee shall be sufficient grounds for discontinuance of city water service. The rate for collection outside the city limits shall be one hundred fifty (150) percent of the rate established for service inside the city limits. No type of service will be offered residences exempted under section 22.05.007(c) or for vacant lots except as provided in section 22.05.062. If a business is located in a part of a residence, a collection services fee shall be charged for each connection to the city's water system. The following monthly rates apply for collection services: (1) The monthly rates for standard collection services shall consist of the following elements: (A) Garbage and trash collection: $19.75. A 10% discount to the garbage and trash collection fee shall apply to customers residing in single-family residences who are sixty-five (65) years of age or older. To obtain the senior citizen garbage and trash collection rate, eligible persons must file a sworn application on a form provided therefor with the central collections division. The rate shall remain in effect so long as the customer residing in the single-family residence is sixty-five (65) years of age or older. Section 2. That Chapter 22, Article 22.05, Section 22.05.211(c) be and the same is hereby repealed. Section 3. That if any section, subsection, sentence, clause or 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 of Ordinances of the City of Beaumont, Texas. Section 6. This ordinance shall be effective October 1, 2019. 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 17th day of September, 2019. - Mayor Becky Ames - September 17, 2019 Consider authorizing the City Manager to enter into an agreement with Beaumont Developers, LLC for economic development incentives under the Neighborhood Empowerment Zone Program for the redevelopment of a hotel at 625 Orleans in Downtown Beaumont BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: September 17, 2019 REQUESTED ACTION: Council consider authorizing the City Manager to enter into an agreement with Beaumont Developers, LLC for economic development incentives under the Neighborhood Empowerment Zone Program for the redevelopment of a hotel at 625 Orleans in Downtown Beaumont. BACKGROUND The City established the Downtown Empowerment Zone in order to encourage further redevelopment of Downtown Beaumont. The purpose of the zone is to offer- economic incentives in this area to attract new businesses and residences as well as encourage the redevelopment or growth of existing businesses and residences. Specifically, the zone offers the following economic development incentives. 1) A possible three (3) year, 100% municipal tax abatement for all added value for investments greater than $50,000 for residential uses and $75,000 for all other uses and a possible, additional four (4) year, 100% abatement for projects in excess of $5 Million. 2) Building fee waivers (not including tap and meter fees). 3) Expedited permit review. 4) Lien waivers for any lien claimed by the City for demolition or high grass abatement expenditures. Beaumont Developers, LLC is seeking the benefit from Empowerment Zone incentives in order to aid in the development of a hotel at 625 Orleans. Their plan includes an investment of between $5,000,000 and $9,000,000 to redevelop the former Hotel Beaumont into a 138 room hotel, branded as a Hampton Inn. It should be noted that Hampton Inn hotels have been very successful ventures in such places as Downtown Mobile, Alabama; Downtown Portland, Maine; New Orleans and Austin. Under the Empowerment Zone Guidelines, if approved, this project would be eligible for a seven (7) year abatement of city property taxes, building fee waivers, expedited permit review, as well as lien waivers. Attached is the application, outlining the requests for all eligible benefits, except lien waivers. The Administration believes that this project would meet the goals of the Empowerment Zone Program and the new hotel would be a significant and catalytic development that would greatly further the redevelopment of our Downtown. FUNDING SOURCE Revenues from waived fees and abated ad -valorem taxes would be forgone, but the long-term economic impact associated with the development should positively affect future budgets. 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 to enter into an Agreement between the City of Beaumont and Beaumont Developers, LLC for economic development incentives under the Neighborhood Empowerment Zone Program for the redevelopment of a hotel at 625 Orleans in Downtown Beaumont. 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 17th day of September, 2019. - Mayor Becky Ames - RTCR WTTR OPPPVOXTUWTTT BEAUMON* T ' $ ' X ' A ' S CITY OF BEAUMONT APPLICATION FOR NEIGHBORHOOD EMPOWERMENT ZONE DEVELOPMENT INCENTIVES The purpose of this application is to present to the City of Beaumont a reasonably comprehensive outline of the project for which the incentives are requested. Please review the Neighborhood Empowerment Zone guidelines carefully before completing this application. If additional space is needed, separate sheets may be attached. Types of incentives that you are seeking: [MJ/ Building Fee Waivers 0' Expedited Permit Review ❑ Lien Waivers Tax Abatement DESCRIPTION OF PROJECT 1. Legal name and address of applicant: b �^� � � l.L_G 2. Type of organization (Corporation, Ltd. Partnership, etc.): i._ L.G 3. Date organization formed: 2#e7119 4. Address and telephone number of headquarters location: LA-- 714 6i 5. State(s) in which business is registered: 7"V�� 6. Other locations of this business (names of cities): fll jpf 7. Is business current with all taxes? Y e- 8. Name, address, and telephone number of principal officers: pAACx--PA-TZF LLAAm,� 6f� 9. Name, address & phone number of designated contact person: S7 11!1-79 -3-F&C 10. Type of business to be conducted and goods or services to be produced or provided: JA&M- 21 � 11. Location of project (street address): G2-5- dt-P-V-�-7r=' s'T17-�T 12. Legal.Got, block & subdivision) description of the project (Attach plat of property): 13. Identify and describe the kind, number and Iocation of all improvements to the physical property and discuss the development schedule of the proposed improvements. EXHIBIT "A" 14. What infrastructure construction will be required to serve the proposed project? What is the estimated cost of this construction? _57M t U -t ®nr TO `-� A(I L'U'o to 15. Estimated construction commencement date: 16. Estimated construction completion date: 2�Z2- 17. Estimated date for project to be operational: aA-�t v -202_,- 18. 2©Z,18. City liens requested to be released: yt�5 EMPLOYMENT L"PACT (for Non-residential Projects) 19. What is the estimated number of permanent full-time new jobs that will be created? 20. What percentage of employees do you anticipate will be residents living in: (a) the Neighborhood Empowerment Zone = 30 Y. (b) City of Beaumont = GO Y. (c) Jefferson County oto N/', (d) Outside Jefferson County ic 0y, 21. How many new, temporary and part-time jobs will be created in Beaumont? = :� LAao►� SIc�L � 22. What types of jobs will be created? MAhA�-�� ��T f CCLI� �a 23. What will be the total project annual payroll of the newly created jobs? � .6D0( 00 0 f/ 24. Will specialized training be required? If so, what type? flJ 1] FISCAL IlVIPACT 25. Is there an anticipated cost to the City of Beaumont for providing municipal. services to the proposed project? 'JU� COMMUNITY IMPACT 28. Do you anticipate the proposed project having a substantial impact on the local residential, commercial or retail market? j\M 29. Will rezoning and platting/replatting be required? 'r'/15,t5 2 It is understood that the information provided herein is based on estimates and projections, but that such estimates and projections have been fully investigated and are made in good faith as to their accuracy. It is further understood that any information provided herein that is actual and not estimated is represented to be true and correct. Any information herein, which is misrepresented as true and correct or for which there is no good faith basis, may result in the denial of consideration for or termination of incentive agreement. q, q I' Date If you have any questions about this application please call the Community Development Department at (409) 880-3762. CITY OF BEAUMONT STAFF RECOMMENDATION(S) AND/OR COMAENT(S): (To be completed by City of Beaumont Staff Only) 2. Recommendation: Approve Disapprove Comments: 4 STATE OF TEXAS COUNTY OF JEFFERSON AGREEMENT This Agreement'is entered into by and between the City of Beaumont, Texas, a home -rule city and municipal corporation of Jefferson County, Texas, acting herein by and through its City Manager, hereinafter referred to as "City"; and Beaumont Developers, LLC, 205 Forest Drive, New Llano, Louisiana, hereinafter referred to as the "Owner". 1 i%WWX WW1 WHEREAS, On the eighth day of December, 2015, the City Council of the City of Beaumont, Texas, passed Ordinance No.' 15-055 establishing the boundaries of Empowerment Zone Number Five, for residential and commercial tax abatements as authorized by Vernon's Texas Civil Statutes Tax Code, Section 312.001 and Chapter 378 of the Texas Local Government Code, et seq, as amended, hereinafter referred to as "Statute". WHEREAS, in order to maintain and/or enhance the local economy and/or provide quality, affordable housing, in accordance with said Ordinance and Statute, the City, Beaumont Developers, LLC, known herein as the Owner do mutually agree as follows: 1. The property, known as the "Premises" to be the subject of this Agreement shall be the property at 625 Orleans, Beaumont, Texas and described as Lots 201 & 202, Lot 206 Tract 1, Lot 198 Tract 2, Block 40, Beaumont Addition .6129AC 2. The Owner shall cause to be developed a hotel, known herein as the "Project," on the Premises and shall not have' a construction cost less than $5,000,000 and shall be completed not later than December 31, 2022. 3. The Owner agrees to pursue these improvements as good and valuable consideration of this Agreement. 4. In the event that the Project and improvements for which an abatement has been granted are not completed in accordance with this Agreement, then this Agreement shall be subject to termination and all delinquent taxes and taxes which otherwise would have been paid to the City without the benefit of abatement will become a debt to the City and shall be due, owing and paid to the City within sixty (60) days of any such event. In the event that the Owner defaults on the terms and conditions of this Agreement, the City shall give the Owner written notice of such default and if the Owner has not cured such default within thirty (30) days of said written notice, this Agreement may be terminated by the City. Notices shall be in writing and shall be delivered by personal delivery or certified mail addressed as follows: Mr. Mack Patel Beaumont Developers, LLC 205 Forest Drive New Llano, LA 71461 5. In the event that the City should fail to timely or substantially comply with any one or more of the requirements, obligations, duties, terms, conditions or warranties of this Agreement, such failures shall be an Act of Default by the City and the City shall have ninety (90) days to cure and remove the Default upon receipt of written notice to do so from the Owner. The Owner specifically agrees that the City shall only be liable to the Owner for the amount of waivers and abatement, outlined herein, and shall not be liable to the Owner for attorney's fees, court costs or any alleged consequential damages should any be incurred. The Owner hereby waives any rights or remedies available to it at law or in equity. Notices shall be in writing and shall be delivered by personal delivery or certified mail addressed as follows: Kyle Hayes, City Manager City of Beaumont 801 Main Beaumont, TX 77701 2 6. The terms and conditions of this Agreement are binding upon the successors and assigns of all parties hereto. Other than assignment to a Beaumont Developers, LLC affiliate, this Agreement cannot be assigned by the Owner to anyone or any other entity which is not an affiliate of Beaumont Developers, LLC, unless written permission is first granted by the City, which permission shall be in the sole discretion of the City. 7. The Owner agrees to hold the City harmless from any and all kinds of claims, losses, damages, injuries, suits or judgments involving the City and relating to such improvements. 8. The City shall have reasonable right to inspect the Premises and Project during regular daylight hours to ensure that the improvements are made according to the terms of this Agreement. In addition, the Owner agrees to provide records and documentation to the City, sufficient to verify improvements and employment data in order to ensure performance under this agreement. 9. Subject to the terms and conditions of this Agreement, all increases in taxes owed to the City, assessed from the ad valorem real value resulting from these improvements of these Premises, are hereby abated in their entirety for a period of three (3) year beginning January 1, 2021. 10. In addition, an exemption from planning and building fees associated with new construction, though not including water tap fees, shall be made as part of this agreement. 11. In addition, the Owner agrees to cooperate with one another to facilitate the expeditious processing of permits, including zoning applications (s), subdivision applications, plat approvals, development application (s) and building permit applications required for the completion of the project, in accordance with State Statutes and City Ordinances. 12. The City and the Owner each agree to act in good faith and to do all things reasonably necessary or appropriate to carry out the terms and provisions of this agreement, and to aid and assist the other in carrying out such terms and provisions in order to put the other in the same condition contemplated by this Agreement. 3 13. If the Owner elects not to proceed with the development of the project as contemplated by this Agreement, the Owner will notify all parties in writing and the obligations of the Owner and the City will be deemed terminated and of no further force or effect as of the date of such notice, except those that expressly survive the termination hereof, if any. 14. This Agreement was authorized by resolution of the City Council at its meeting on the , authorizing the City Manager to execute the Agreement on behalf of the City. 15. This shall constitute a valid and binding agreement between the City and the Owner when executed on behalf of said parties, for the abatement of City ad valorem taxes in accordance therewith. The Agreement is performable in Jefferson County, Texas, witness our hands This day of , In ATTEST: Tina Broussard City Clerk Kyle Hayes City Manager M OWNER Beaumont Developers, LLC ATTEST: RICH WITH OPPORTUNITY 11EAUMON* T- E• X• A• S City of Beaumont Neighborhood Empowerment Zone Incentive Policy Program Goals: It is the City of Beaumont's goal to promote development within its Neighborhood Empowerment Zones in an effort to improve the local economy and enhance the quality of life for its citizens. Insofar as these goals are served by enhancing the value of the local tax base and increasing economic opportunities, the City of Beaumont will give consideration to providing the following incentives for development within Neighborhood Empowerment Zones. Definitions: A. Abatement: full or partial exemption for ad valorem taxes of eligible properties in a reinvestment zone designated as such for economic development purposes. B. Agreement: a contractual agreement between a property owner and a taxing jurisdiction for the purpose of a tax abatement. C. Base Year Value: the assessed value of either the applicant's real property and improvements located in a designated reinvestment zone on January 1 of the year prior to the execution of the agreement plus the agreed upon value of any property improvements made after January 1 of that year but before the execution of the agreement, and/or the assessed value of any tangible personal property located on the owner's real property on January 1 of the year prior to the abatement period covered by the agreement. D. Facility: property improvements completed or in the process of construction which together comprise an integral whole. E. Incremental Value: the amount of assessed value of the project that is in addition to the Base Year Value of applicant's real property at their prior location. F. Neighborhood Empowerment Zone: is an area designated as such for the purpose of providing economic incentives, including a tax abatement, as authorized by the City of Beaumont in accordance with Texas Local Government Code Annotated Section 378 as amended. G. Real Property: area of land defined by legal description as being owned by the person applying for a tax abatement, including any improvements thereto, which is to be improved and valued for property tax purposes, and which is to be included in the Neighborhood Empowerment Zone. H. Substantial Investment: a project deemed as an eligible facility under this policy, that exceeds $5,000,000 in capital investment. Program Policy: It is the policy of the City of Beaumont that consideration will be provided in accordance with the guidelines, criteria and procedures outlined in this document. This policy applies to the owners of real property. Project consideration will include the potential impact of the reinvestment project on the immediate and surrounding area. A. Authorized Facility: Neighborhood Empowerment Zone Incentives may be granted within a Neighborhood Empowerment Zone for new construction or renovation of single- family uses for investments of $50,000 or greater and may be granted for all other uses for investment of $75,000 or greater. B. Eligible Property : Neighborhood Empowerment Zone Incentives may be granted for new construction or renovation of owner -occupied single-family homes, office, retail, hotel and meeting facilities, restaurant and multi -family residential facilities within a Neighborhood Empowerment Zone, designated by the City Council of the City of Beaumont, Texas. C. No incentives shall be granted for development resulting from the relocation of an eligible facility from one area of the city to within the Neighborhood Empowerment Zone, excepting projects considered "Substantial Investments," as defined herein. Procedural Guidelines: Any person, partnership, organization, corporation or other entity desiring that the City of Beaumont consider providing Neighborhood Empowerment Zone incentives shall be required to comply with the following procedural guidelines. No representations made herein considered binding unless and until approved by the City of Beaumont City Council. Preliminary Application: Applicants shall submit a completed "Application for Neighborhood Empowerment Zone Development Incentives" form for consideration of incentives to the Community Development Department of the City of Beaumont, 801 Main Street, Beaumont, Texas 77701. K Consideration of the Application: A. The City Manager will consider requests for incentives in accordance with these policies, pursuant to Chapter 378 of the Texas Local Government Code. Additional information may, be requested as needed. B. The City Council may enter into an agreement that outlines the terms and conditions between the City and the applicant, and governs the provision of the incentives. Inspection of the Project: During the term of such agreement, the City of Beaumont will have the right to inspect the project facility during regular business hours to ensure compliance with the agreement and accuracy of the owner certification. Recapture: If a project is not completed as specified, or if the terms of the incentive agreement are not met, the City has the right to cancel or amend the incentive agreement and all previously waived fees and abated taxes shall become due to the City and liens may be reattached. Effect of Sale, assignment or lease of property: No incentive rights may be sold or assigned without the approval of the City Council. Any sale, assignment or lease of the property may result in execution of the recapture provision, as outlined above. Types of Incentives Available: Building Fee Waivers The Building Construction Fee Waiver Program affords property owners an exemption from planning and building fees associated with new construction or renovation and occupancy of eligible facilities within the target area. Expedited Permit Reviews: In order to facilitate redevelopment within the Neighborhood Empowerment Zones, the Community Development Department is committed to assisting applicants through the planning and permit review process as quickly as possible. Lien Waivers In order to render properties with Neighborhood Empowerment Zones more marketable, the Lien Waiver Program affords property owners a release of liens attached to properties as the result of demolitions or expenditures associated with cutting high grass. Release of such liens would only be allowed in conjunction with new construction or renovation of eligible facilities within the target area. Construction Tax Abatement The Construction Tax Abatement Program is an economic development tool designed to provide incentives for the new construction or renovation of single-family homes, office, retail, restaurant and multi -family residential facilities within a Neighborhood Empowerment Zone. The Construction Tax Abatement Program is intended to contribute to area development by attracting additional capital and human investment to the area as well as additional residents to support economic development activities within the area. Value of Abatements: authorized facilities may be granted a municipal tax abatement on all or a portion of the increased taxable value of eligible property over the base year value for a period not to exceed three (3) years, except as outlined below. Tax Abatement Program Guidelines: The eligibility requirements are as follows: Investment Municipal Tag Abatement Schedule $50,000 & up for residential uses and $75,000 & up for all other uses 100%. or 100% of the incremental value for Substantial Investments relocating within the City. FYear r50,000 & up for residential uses and 75,000 & up for all other uses 100%: or 100% of the incremental value for Substantial Investments relocating within the City., na 2 Year r$7550,000 & up for residential uses and ,000 & up for all other uses 100%: or 100% of the incremental value for Substantial Investments relocating within the City. ra 3 Year $5,000,000 or more for any eligible 14 use 100% for new investments and the incremental value for Substantial Investments relocating within the City. rct, — Year $5,000,000 or more for any eligible use 100% for new investments and the incremental value for Substantial Investments relocating within the City. 5t' Year $5,000,000 or more for any eligible100% use for new investments and the incremental value for � Substantial Investments relocating within the City. 6 Year $5,000,000 or more for any eligible use 100% fornew investments and the incremental value for I Substantial Investments relocating within the City. F7Year 4 Abatement Program Considerations: A. The final valuation determined by the Jefferson County Appraisal District will be used to determine the actual yearly tax abatement exemption. B. The tax abatement shall be granted only to the owner of the property. C. No tax abatement exemption shall be effective until the applicant has met all of the eligibility requirements contained in the guidelines and policies, state law, and City of Beaumont codes. D. There shall be no retroactive tax abatement exemptions — all tax abatement exemptions become effective only on or after the date the City Council approves the tax abatement agreement. E: The applicant shall agree to hold the City of Beaumont, its agents, employees and public officials harmless and pay all attorneys' fees that are generated by any dispute regarding the tax abatement agreement. F. Personal and or real property identified before the period covered by the abatement agreement will not be eligible for abatement. 0 September 17, 2019 Consider allowing a ninety (90) day extension for the parking, use and occupancy of Manufactured Housing Units (MHUs) as temporary living quarters on residential property during the period of repair or reconstruction of damage to properties caused by Hurricane Harvey at 3940 Anita Street, 11100, 11120, 11130 Church Road, 10355 Dusty Lane, 11427 Old Voth Road, 11437 Carpenter and 8195 San Carlos in accordance with Ordinance 19-011 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager �I PREPARED BY: Chris Boone, -Planning & Community Development Director MEETING DATE: September 17, 2019 REQUESTED ACTION: Council consider allowing a ninety (90) day extension for the parking, use and occupancy of Manufactured Housing Units (MHUs) as temporary living quarters on residential property during the period of repair or reconstruction of damage to properties caused by Hurricane Harvey at 3940 Anita Street, 11100, 11120, 11130 Church Road, 10355 Dusty Lane, 11427 Old Voth Road, 11437 Carpenter and 8195 San Carlos in accordance with Ordinance 19- 011. BACKGROUND In September, 2017, as a response to more than 2,000 households affected by Hurricane Harvey, Council approved an ordinance to allow for the use of Recreational Vehicles (RVs) and Manufactured Housing Units (MHUs) on residential property a period of one (1) year, with an additional six (6) month extension approved in September, 2018. In March, 2019 Ordinance 19- 011 was approved granting an additional six (6) month extension, with the option for residents to apply for a ninety (90) day extension if the home is still under construction, the resident is in litigation with their insurance company or if they have applied for and are awaiting CDBG disaster recovery assistance. As we now approach the September 19 deadline, the vast majority of MHUs have been removed by the General Land Office. The applicants at the following addresses has applied for a ninety (90) day extension as allowed for under Ordinance 19-011. 3940 Anita Street 11100 Church Road 11120 Church Road 11130 Church Road 10355 Dusty Lane 11427 Old Voth Road 11437 Carpenter 8195 San Carlos Based on the application submitted, the Administration is recommending an extension for this address. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the Ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 19- 011 BY ALLOWING FOR A NINETY (90) DAY EXTENSION FOR THE PARKING, USE AND OCCUPANCY OF RECREATIONAL VEHICLES, MANUFACTURED AND INDUSTRIALIZED HOUSING AS TEMPORARY LIVING QUARTERS ON CERTAIN RESIDENTIAL PROPERTY DURING THE PERIOD OF REPAIR OR RECONSTRUCTION OF DAMAGE TO PROPERTY CAUSED BY HURRICANE/TS HARVEY; ALLOWING FOR AN OPTION TO REQUEST AN ADDITIONAL NINETY (90) DAY EXTENSION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. WHEREAS, on September 19, 2017 the City Council of the City of Beaumont, Texas adopted Ordinance No. 17-059 allowing a period of one (1) year with an option to extend up to six (6) months, with Council approval, for the parking, use and occupancy of recreational vehicles, manufactured and industrialized housing as temporary living quarters on residential property during the period of repair or reconstruction of damage to property caused by Hurricane/TS Harvey; and; WHEREAS, on September 18, 2018, the City Council of the City of Beaumont, Texas adopted Ordinance No. 18-053 amending Ordinance No. 17-059 by allowing for a six (6) month extension for the parking, use and occupancy of recreational vehicles, manufactured and industrialized housing as temporary living quarters on residential property during the period of repair or reconstruction of damage to property cause by Hurricane/TS Harvey and allowing for an option to request an additional ninety (90) day extension; and, WHEREAS, on March 19, 2019, the City Council of the City of Beaumont, Texas adopted Ordinance No. 19-011 amending Ordinance No. 18-053 by allowing for a ninety (90) day extension for the parking, use and occupancy of recreational vehicles, manufactured and industrialized housing as temporary living quarters on residential property during the period of repair or reconstruction of damage to property cause by Hurricane/TS Harvey and allowing for an option to request an additional ninety (90) day extension; and WHEREAS, it was not until November 2018 that the Texas General Land Office (GLO) opened their local offices to begin processing applications for the Homeowner's Assistance Program (HAP), the primary program for the repair and replacement of flooded homes; and, WHEREAS, although many properties have been repaired in the past eighteen months, many are still under construction or awaiting repairs; and, WHEREAS, the Administration is recommending an additional ninety (90) day extension of the deadline; and, WHEREAS, as the new deadline approaches, residents, upon application to the Planning & Community Development Department, would be allowed the opportunity to request an additional ninety (90) day extension; and, WHEREAS, an additional ninety (90) day extension could then be granted by the City Council if the home is still under. construction, the resident is in litigation with their insurance company, or if they have applied for and are awaiting Community Development Block Grant (CDBG) disaster recovery assistance; and, WHEREAS, on September 19, 2019, the City Council of the City of Beaumont, Texas adopted Ordinance No. 19-011 amending Ordinance No. 18-053 by allowing for an.additional ninety (90) day extension for the parking, use and occupancy of recreational vehicles, manufactured and industrialized housing as temporary living quarters on residential property during the period of repair or reconstruction of damage to property cause by Hurricane/TS Harvey; and WHEREAS, the City Council is of the opinion that it is in the best interest of the citizens of the City of Beaumont to amend and ratify Ordinance No. 19-011 to allow an additional ninety (90) day deadline extension, with Council approval, for the parking, use, and occupancy of recreational vehicles, manufactured and industrialized housing as temporary living quarters on the following identified residential property during the period of repair or reconstruction of damage to these properties caused by Hurricane Harvey: • 3940 Anita Street • 11100 Church Road • 11120 Church Road • 11130 Church Road • 10355 Dusty Lane • 11427 Old Voth Road • 11437 Carpenter • 8195 San Carlos NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted. Section 2. THAT Ordinance 19-011 is hereby amended to allow an additional ninety (90) day deadline extension, with Council approval, for the parking, use, and occupancy of recreational vehicles, manufactured and industrialized housing as temporary living quarters on the following residential property during the period of repair or reconstruction of damage to these properties caused by Hurricane Harvey: • 3940 Anita Street • 11100 Church Road • 11120 Church Road • 11130 Church Road • 10355 Dusty Lane \ • 11427 Old Voth Road • 11437 Carpenter • 8195 San Carlos Section 3. THAT as the new deadline approaches, residents, upon application to the Planning & Community Development Department, would be allowed the opportunity to request an additional ninety (90) day extension. Section 4. THAT an additional ninety (90) day extension could then be granted by the City Council if the home is still under construction, the resident is in litigation with their insurance company, or if they have applied for and are awaiting Community Development Block Grant (CDBG) disaster recovery assistance. Section 5. 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 6. THAT all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 7. THAT any person who violates any provision of this ordinance shall, upon J 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 17th day of September, 2019. - Mayor Becky Ames - BEAUMONT Planning & Community Development City of Beaumont Harvey Mobile Housing Unit Extension Application Trailer Address: 1143-7 Date Application Received: e3 /1111c), Owner Name Address ZIP Phone 401 _ �L-o I – OL4v Occupant Name Address ZIP Phone Reason for request (please check all catego!/Applied pply and describe below): (A) Actively Working on home (B) for Disaster Recovery (C) In litigation with insurance carrier For Category A, please describe work that has been done on the home (including permit number, work done to date and inspections: For Category B, please list the agency to which you applied, the date of application for Disaster Recovery and current status: (., I— -D . For Category C, please list your insurance carrier, attorney's name and please describe the status of your t. ``ur lawsui / 1jM - NOTICE: Documentation supporting your claim of progress on the repair of your home should be attached to this application. Documentation shall include: CategoryA: Copy of your building pemait; photographs ofwork done, any contracts for work currently being done CategoryB: Statement of date of application, agency that you applied with for Disaster Recovery funds and current status. Category C: Statement from your attorney or other paperwork substantiating active litigation with your insurance carrier. SIGNATURE OF OWNER DATE Recommendation of Planning Manager: Approve Deny Date of Review Date forwarded to the City Council for review: Date of Council Heating:, Council Disposition: Approved Denied Date of Disposition: _ Approved by Zoning Official:_ 11 Date: GYWIRIT "A" I CDR T1GR QiIk 6/5/2019 6;54 AM An applicant has submitted the folknving complete, eligible'application for their home. Tl* project is mooring into the set-up status and you .;ill have 21 days to complete the site -spec ' enviroel�ental revit , a damage asses To Redmond,Joanna; An applicant has submitted the following complete, eligible application for their home. The project is moving into the set-up status and you will have 21 days to complete the site-specific environmental review, a damage assessment, and a cost estimate. Please notify the applicant that their application is now moving into Project Set -Up, where GLO partners will complete an environmeatal review, a damage assessment, and a cost estimate. for the potential repair or replacement of their home. Mehravaran, Alan 11137 Caroenter Road 6/6/2019 6:54 AM An applicant has submitted the iolloeing complete, eligible application =or their hone. The project is moving into the set-up status and you Bill have 21 days to complete the site-specific environmental revie,.� a damage asses TO Redmond, Joanna; Please notify the applicant that their application is now moving into Project Set -Up, where GL0 partners will complete an environmental review, a damage assessment, and a cost estimate for the potential repair or replacement of their home. Mehravaran, Alan 11437 Carpenter Road Beaumont 77713 Jefferson G9 September 17, 2019 Consider granting a franchise to Jefferson County to use and occupy a portion of Main Street between the Kansas City Southern Railroad right-of-way and the north right-of-way line of Franklin Street in Beaumont, Jefferson County, Texas BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: September 17, 2019 REQUESTED ACTION: Council consider granting a franchise to Jefferson County to use and occupy a portion of Main Street between the Kansas City Southern Railroad right-of-way and the north right-of-way line of Franklin Street in Beaumont, Jefferson County, Texas. Jefferson County has requested that the City grant a franchise for the exclusive use of the portion of Main Street behind the courthouse which has been closed to through traffic. The Texas Transportation Code gives exclusive authority to the governing body of a Home -Rule Municipality to grant such a franchise. The franchise would allow the County to provide additional security for the courthouse, jail, judges and court staff. Access to this portion of Main Street would be allowed to the Port of Beaumont and the City of Beaumont as needed. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ORDINANCE NO. AN ORDINANCE GRANTING A FRANCHISE TO JEFFERSON COUNTY TO USE AND OCCUPY A PORTION OF MAIN STREET, A PUBLIC STREET, IN BEAUMONT, JEFFERSON COUNTY, TEXAS BETWEEN THE KANSAS CITY SOUTHERN RAILROAD RIGHT-OF-WAY LINE AND THE NORTH RIGHT-OF-WAY LINE OF FRANKLIN STREET. WHEREAS, Jefferson County, Texas (County) has requested that the City of Beaumont, Texas, (City) both of whom are bodies politic, grant the County an exclusive franchise for the use of the portion of Main Street behind the Jefferson County Courthouse; and, and, WHEREAS, the City previously closed this portion of roadway to through traffic; WHEREAS, the County desires to utilize that barricaded portion of Main Street between the northern right-of-way line of Franklin Street and the Kansas City Southern railway right-of-way on the northern side of the Jefferson County Courthouse, as described in Exhibit "A" and shown in Exhibit "B," attached hereto, as part of the Courthouse security perimeter; and, WHEREAS, the County will not interfere with or obstruct any utility, water or other service easements below or above the street and will accommodate any necessary services for same; and, WHEREAS, the County recognizes that the Port of Beaumont does, from time to time, require access to enter areas of the port facility by way of this closed street and the County will allow such access as requested; and, WHEREAS, the County does further agree that it will maintain the surface of this street in good condition to City standard for use by passenger vehicles entering the jail and for secured parking for judges, elected officials and court staff; and, WHEREAS, the City further agrees that, should the need arise to excavate or occupy any portion of this area in order to service sub -surface utilities, or other municipal purposes, it will provide the County with at least 30 days notice of that need and the City will restore the surface to its prior condition upon completion of the work; and, WHEREAS, should an emergency or urgent repair become necessary making 30 days notice impractical, City will provide as much notice as possible under the circumstances; and, WHEREAS, Sec. 311.071, Transportation Code, does grant exclusive authority to the City as a Home -Rule Municipality to grant the franchise requested herein; and, WHEREAS, the City does find it in the best interest of the parties to grant the requested franchise; 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 does grant to Jefferson County an exclusive franchise for the use of the closed portion of Main Street behind the Jefferson County Courthouse for a period of 1 year, from September 1, 2019 to August 31, 2020 which will automatically renew each year for a 1 year period on September 1 st of each year unless either party gives the other party 30 days written notice of its intent to cancel this franchise. 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 17th day of September, 2019. - Mayor Becky Ames - Legal Description: Being a 0.81 acre portion of Main Street with the point of beginning at the east right-of-way line of the intersection of Main Street and the Kansas City Southern Railroad right-of-ways and continuing in a southwesterly direction approximately 53' to a point in the west right-of-way line of the intersection of Main Street and the Kansas City Southern Railroad right-of-ways and continuing in a southeasterly direction approximately 645' to a point at the intersection of the west right-of-way line of Main Street and the north right-of-way line of Franklin Street and continuing in a northeasterly direction approximately 57' to a point at the intersection of the east right-of-way line of Main Street and the north right-of-way line of Franklin Street then continuing in a northwesterly direction approximately 645' back to the point of beginning. EXHIBIT "A" PUBLIC HEARING * Receive comments on the 2018 Consolidated Annual Performance and Evaluation Report (CAPER) BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager Gs/3 PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: September 17, 2019 REQUESTED ACTION: Council conduct a Public Hearing to receive comments on the 2018 Consolidated Annual Performance and Evaluation Report (CAPER). I.I.ToI elf CAWTII As mandated by the U. S. Department of Housing and Urban Development (HUD), City Council has conducted public hearings and work sessions in previous years prior to submittal of the City's Consolidated Annual Performance and Evaluation Report (CAPER). Community Development Staff published a request to receive public comments on the 2018 CAPER in the Beaumont Examiner newspaper on August 15, 2019. Attached is the fmancial summary for the grant year completed and several IDIS reports that will be submitted to HUD with the CAPER. FUNDING SOURCE U. S. Department of Housing and Urban Development (HUD) Community Development Block Grant and HOME Investment Partnership Grant funds. RECOMMENDATION Council conduct the Public Hearing. PART I: SUMMARY OF CDBG RESOURCES 01 UNEXPENDED CDBG FUNDS AT END OF PREVIOUS PROGRAM YEAR 02 ENTITLEMENT GRANT 03 SURPLUS URBAN RENEWAL 04 SECTION 108 GUARANTEED LOAN FUNDS 05 CURRENT YEAR PROGRAM INCOME 05a CURRENT YEAR SECTION 108 PROGRAM INCOME (FOR SI TYPE) 06 FUNDS RETURNED TO THE LINE -OF -CREDIT 06a FUNDS RETURNED TO THE LOCAL CDBG ACCOUNT 07 ADJUSTMENT TO COMPUTE TOTAL AVAILABLE 08 TOTAL AVAILABLE (SUM, LINES 01-07) PART II: SUMMARY OF CDBG EXPENDITURES 09 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING/ADMINISTRATION 10 ADJUSTMENT TO COMPUTE TOTAL AMOUNT SUBJECT TO LOW/MOD BENEFIT 11 AMOUNT SUBJECT TO LOW/MOD BENEFIT (LINE 09 + LINE 10) 12 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION 13 DISBURSED IN IDIS FOR SECTION 108 REPAYMENTS 14 ADJUSTMENT TO COMPUTE TOTAL EXPENDITURES 15 TOTAL EXPENDITURES (SUM, LINES 11-14) 16 UNEXPENDED BALANCE (LINE 08 - LINE 15) DATE: 08-16-19 TIME: 1`0:49 PAGE: 1 972,614.94 1,351,775.00 0.00 0.00 24,270.80 0.00 0.00 0.00 0.00 2,348,660.74 264,154.85 0.00 264,154.85 245,628.50 892,966.00 0.00 1,402,749.35 945,911.39 PP�ME N T OP Ax �� III III ONn.. 641V D,`EV ALO J Office of. Community Planning -and Dei U.S. Department of Housing, and Urban -C Integrated�bisbursement and Informatii PR26 - 66BG4Financial SummarY`R Program Year, 2018 EAVMoN7, TX PART III: LOWMOD BENEFIT THIS REPORTING PERIOD 17 EXPENDED FOR LOW/MOD HOUSING IN SPECIAL AREAS 18 EXPENDED FOR LOW/MOD MULTI -UNIT HOUSING 19 DISBURSED FOR OTHER LOW/MOD ACTIVITIES 20 ADJUSTMENT TO COMPUTE TOTAL LOW/MOD CREDIT 21 TOTAL LOW/MOD CREDIT (SUM, LINES 17-20) 22 PERCENT LOW/MOD CREDIT (LINE 21/LINE 11) LOW/MOD BENEFIT FOR MULTI-YEAR CERTIFICATIONS 23 PROGRAM YEARS(PY) COVERED IN CERTIFICATION 24 CUMULATIVE NET EXPENDITURES SUBJECT TO LOW/MOD BENEFIT CALCULATION 25 CUMULATIVE EXPENDITURES BENEFITING LOW/MOD PERSONS 26 PERCENT BENEFIT TO LOW/MOD PERSONS (LINE 25/LINE 24) PART IV: PUBLIC SERVICE (PS) CAP CALCULATIONS 27 DISBURSED IN IDIS FOR PUBLIC SERVICES 28 PS UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 29 PS UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 30 ADJUSTMENT TO COMPUTE TOTAL PS OBLIGATIONS 31 TOTAL PS OBLIGATIONS (LINE 27 + LINE 28 - LINE 29 + LINE 30) 32 ENTITLEMENT GRANT 33 PRIOR YEAR PROGRAM INCOME 34 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PS CAP 35 TOTAL SUBJECT TO PS CAP (SUM, LINES 32-34) 36 PERCENT FUNDS OBLIGATED FOR PS ACTIVITIES (LINE 31/LINE 35) nt DATE: 08-1649 ment TIME: 10:44 em �j PAGE: 2 2 q�< 0.00 0.00 264,154.85 0.00 264,154.85 100.00% PY: PY: PY: 0.00 0.00 0.00% 50,607.59 7,433.07 7,998.25 0.00 50,042.41 1,351,775.00 49,437.06 0.00 1,401,212.06 3.57% PQ CNEr�roFy I Office of Community Planning and Development DATE: L---� U.S. Department of Housing and Urban Development TIME: � IntegratedDisbursement and Information System U PAGE: PR26 - CDBG Financial Summary Report �. Program Year 2018 + eAIJ DEV���. J BEAUMONT , TX � • PART V: PLANNING AND ADMINISTRATION (PA) CAP 37 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION 38 PA UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 39 PA UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 40 ADJUSTMENT TO COMPUTE TOTAL PA OBLIGATIONS 41 TOTAL PA OBLIGATIONS (LINE 37 + LINE 38 - LINE 39 +LINE 40) 42 ENTITLEMENT GRANT 43 CURRENT YEAR PROGRAM INCOME 44 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PA CAP 45 TOTAL SUBJECT TO PA CAP (SUM, LINES 42-44) 46 PERCENT FUNDS OBLIGATED FOR PA ACTIVITIES (LINE 41/LINE 45) LINE 17 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 17 Report returned no data. LINE 18 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 18 Report returned no data. 08- 245,628.50 22,398.47 0.00 0.00 268,026.97 1,351,775.00 24,270.80 0.00 1,376,045.80 19.48% LINE 19 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19 Voucher Matrix National Plan Year IDIS Project IDIS Activity Number Activity Name Code Objective Drawn Amount 2017 3 2189 6190154 Family Services of SETX 03T LMC $47.34 2018 3 2199 6215894 HENRY'S PLACE/SOME OTHER PLACE 03T LMC $5,008.69 2018 3 2212 6274175 FAMILY SERVICES OF SETX 03T LMC $4,521.54 2018 3 2212 6292745 FAMILY SERVICES OF SETX 03T LMC $487.15 03T Matrix Code $10,064.72 2018 3 2224 6292745 The H.O.W. Center 03Z LMA $5,008.72 03Z Matrix Code $5,008.72 2016 3 2170 6190154 Clearance & Demolition (Residential) 04 LMA $2,290.90 2017 1 2193 6190144 Clearance and Demolition Program 2017 04 LMA $686.71 2017 1 2193 6190154 Clearance and Demolition Program 2017 04 LMA $17,022.39 2017 1 2193 6200711 Clearance and Demolition Program 2017 04 LMA $22,800.00 2017 1 2193 6230757 Clearance and Demolition Program 2017 04 LMA $11,316.90 2017 1 2193 6234558 Clearance and Demolition Program 2017 04 LMA $16,100.00 2017 1 2193 6274175 Clearance and Demolition Program 2017 04 LMA $4,732.36 2018 1 2207 6230752 Clearance & Demolition Program 2018 04 LMA $570.71 2018 1 2207 6230757 Clearance & Demolition Program 2018 04 LMA $4,612.39 2018 1 2207 6274166 Clearance & Demolition Program 2018 04 LMA $670.71 2018 1 2207 6274175 Clearance & Demolition Program 2018 04 LMA $12,896.93 2018 1 2207 6292688 Clearance & Demolition Program 2018 04 LMA $670.71 2018 1 2207 6292714 Clearance & Demolition Program 2018 04 LMA $19,129.29 2018 1 2207 6292734 Clearance & Demolition Program 2018 04 LMA $670.71 2018 1 2207 6292745 Clearance & Demolition Program 2018 04 LMA $22,929.29 04 Matrix Code $137,100.00 Office of ACommulnityPlanning and Dev( US.' Department of Mousing and Urban Di PR26 - CDBG Financial Summz Program Year 201& BEAUMONT, TX LINE 19 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19 (CONTINUED) Plan Year IDIS Project IDIS Activity Voucher Number Activity Name Matrix Code National Objective Drawn Amount 2018 3 2206 6251125 NUTRITION & SERVICES FOR SENIORS 05A LMC $5,008.69 05A Matrix Code $5,008.69 2018 3 2205 6251125 IEA - Inspire, Encourage, Achieve 05D LMC $496.00 2018 3 2205 6292745 IEA - Inspire, Encourage, Achieve 05D LMC $2,851.00 051) Matrix Code $3,347.00 2018 3 2198 6215894 CHILD ABUSE & FORENSIC 05G LMC $4,631.00 2018 3 2198 6230757 CHILD ABUSE & FORENSIC 05G LMC $167.75 2018 3 2198 6274175 CHILD ABUSE & FORENSIC 05G LMC $209.94 05G Matrix Code $5,008.69 2017 3 2192 6190154 Julie Roger's Gift of Life 05M LMC $4,919.36 2018 3 2211 6292714 JULIE ROGER'S GIFT OF LIFE 05M LMC $5,008.69 2018 3 2215 6292745 HOPE Women's Resource Clinic 05M LMC $346.00 05M Matrix Code $10,274.05 2017 3 2191 6190154 Girl's Haven 05N LMC $2,500.00 2017 3 2191 6260534 Girl's Haven 05N LMC $341.00 05N Matrix Code $2,841.00 2018 3 2204 6246430 LEGACY CDC/TENDER LOVING CARE 05U LMC $2,300.00 2018 3 2204 6260534 LEGACY CDC/TENDER LOVING CARE 05U LMC $700.00 2018 3 2204 6274175 LEGACY CDC/TENDER LOVING CARE 05U LMC $300.00 2018 3 2204 6292745 LEGACY CDC/TENDER LOVING CARE 05U LMC $600.00 05U Matrix Code $3,900.00 2018 3 2209 6251125 SOUTHEAST TEXAS FOOD BANK 05W LMA $5,008.69 05W Matrix Code $5,008.69 ��Sjer�ro� Office of Community Planning and0evelopment DATE Q&--16,-,,1 .0 � U S: Department�of Housing and UrbanlDevelopment TIME 10 4 ImtegratedDrsbursement and Inforniat�onrSystem ,PAGE JPR26 - CDBG'�Financral Summary+Repoit' Qom:- � - Program Year 20P8 F� '� x LINE 19 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19 (CONTINUED) Total $264,154.85 Voucher Matrix National Plan Year IDIS Project IDIS Activity Number Activity Name Code Objective Drawn Amount 2017 3 2183 6212359 SETX Family Resource Center 05Z LMC $146.06 2018 3 2210 6251125 SOUTHEAST TEXAS FAMILY RESOURCE CTR 05Z LMC $5,008.69 05Z Matrix Code $5,154.75 2018 2 2201 6251125 HABITAT FOR HUMANITY 12 LMH $5,008.69 12 Matrix Code $5,008.69 2015 1 2136 6190154 MINOR REHABILITATION PROGRAM (2015) 14A LMH $2,802.28 2016 2 2194 6190154 Minor Repair Program (2016) 14A LMH $3,892.66 2016 2 2194 6200711 Minor Repair Program (2016) 14A LMH $6,927.94 2016 2 2194 6212359 Minor Repair Program (2016) 14A LMH $11,332.29 2016 2 2194 6215894 Minor Repair Program (2016) 14A LMH $2,480.50 2016 2 2194 6251125 Minor Repair Program (2016) 14A LMH $7,887.21 2018 10 2203 6251125 MINOR REPAIR PROGRAM 14A LMH $2,312.79 2018 10 2203 6260534 MINOR REPAIR PROGRAM 14A LMH $12,117.50 2018 10 2203 6292714 MINOR REPAIR PROGRAM 14A LMH $7,500.00 14A Matrix Code $57,253.17 2016 2 2153 6234558 MINOR REPAIR ADMINISTRATION 14H LMH $3,737.69 2016 2 2153 6246430 MINOR REPAIR ADMINISTRATION 14H LMH $2,534.36 2016 2 2153 6251125 MINOR REPAIR ADMINISTRATION 14H LMH $2,217.45 2016 2 2153 6260534 MINOR REPAIR ADMINISTRATION 14H LMH $334.20 14H Matrix Code $8,823.70 2018 5 2196 6200708 PROJECT DELIVERY COSTS/PROGRAM INCOME 18B LMJ $346.22 2018 5 2196 6212353 PROJECT DELIVERY COST'S/PROGRAM INCOME 18B LMJ $3.39 2018 5 2196 6230417 PROJECT DELIVERY COSTS/PROGRAM INCOME 18B LMJ $3.37 1813 Matrix Code $352.98 Total $264,154.85 LINE 27 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 27 Voucher Matrix National Plan Year IDIS Project IDIS Activity Number Activity Name Code Obiective Drawn Amount 2017 3 2189 6190154 Family Services of SEfX 03T LMC $47.34 2018 3 2199 6215894 HENRY'S PLACE/SOME OTHER PLACE 03T LMC $5,008.69 2018 3 2212 6274175 FAMILY SERVICES OF SEfX 03T LMC $4,521.54 2018 3 2212 6292745 FAMILY SERVICES OF SEfX 03T LMC $487.15 03T Matrix Code $10,064.72 2018 3 2206 6251125 NUTRITION & SERVICES FOR SENIORS 05A LMC $5,008.69 05A Matrix Code $5,008.69 2018 3 2205 6251125 IEA - Inspire, Encourage, Achieve 05D LMC $496.00 2018 3 2205 6292745 IEA - Inspire, Encourage, Achieve 05D LMC $2,851.00 05D Matrix Code $3,347.00 2018 3 2198 6215894 CHILD ABUSE & FORENSIC 05G LMC $4,631.00 2018 3 2198 6230757 CHILD ABUSE & FORENSIC 05G LMC $167.75 2018 3 2198 6274175 CHILD ABUSE & FORENSIC 05G LMC $209.94 05G Matrix Code $5,008.69 2017 3 2192 6190154 Julie Roger's Gift of Life 05M LMC $4,919.36 2018 3 2211 6292714 JULIE ROGER'S GIFT OF LIFE 05M LMC $5,008.69 2018 3 2215 6292745 HOPE Women's Resource Clinic 05M LMC $346.00 05M Matrix Code $10,274.05 2017 3 2191 6190154 Girl's Haven 05N LMC $2,500.00 2017 3 2191 6260534 Girl's Haven 05N LMC $341.00 05N Matrix Code $2,841.00 NroF Office of-CommunityPlanning and Development DATE 08-16-19 oQP tiU:Ss Department of Hous+ng and Urban Development L l°IME 10 94 Integratedr8isburmement a,nd.Information�System� PAGE . .. 8 PR26 - CDBG Financial SurnrnaryReport ' Gp °Q ,Program Year 2018 �- e� DE��� {' B,EAUMONT, TX LINE 27 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 27 (CONTINUED) LINE 37 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 37 Plan Year IDIS Project IDIS Activity Voucher Activity Name Matrix National 2018 Plan Year IDIS Project IDIS Activity CDBG PROGRAM ADMINISRATIVE 2018 Activity Name Activi $21,433.18 Objective Drawn Amount 2195 6200708 CDBG PROGRAM ADMINISRATIVE 2018 Number $620.71 Code 4 2195 2018 3 2204 6246430 LEGACY CDC/TENDER LOVING CARE 05U LMC $2,300.00 2018 3 2204 6260534 LEGACY CDC/TENDER LOVING CARE 05U LMC $700.00 2018 3 2204 6274175 LEGACY CDC/TENDER LOVING CARE 05U LMC $300.00 2018 3 2204 6292745 LEGACY CDC/TENDER LOVING CARE 05U LMC $600.00 05U Matrix Code $3,900.00 2018 3 2209 6251125 SOUTHEAST TEXAS FOOD BANK 05W LMA $5,008.69 05W Matrix Code $5,008.69 2017 3 2183 6212359 SETX Family Resource Center 05Z LMC $146.06 2018 3 2210 6251125 SOUTHEAST TEXAS FAMILY RESOURCE CTR 05Z LMC $5,008.69 05Z Matrix Code $5,154.75 Total $50,607.59 LINE 37 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 37 Plan Year IDIS Project IDIS Activity Voucher Number Activity Name Matrix National Code Obiective Drawn Amount 2018 4 2195 6190154 CDBG PROGRAM ADMINISRATIVE 2018 21A $21,433.18 2018 4 2195 6200708 CDBG PROGRAM ADMINISRATIVE 2018 21A $620.71 2018 4 2195 6200711 CDBG PROGRAM ADMINISRATIVE 2018 21A $26,237.12 2018 4 2195 6212353 CDBG PROGRAM ADMINISRATIVE 2018 21A $620.71 2018 4 2195 6212359 CDBG PROGRAM ADMINISRATIVE 2018 21A $27,622.19 2018 4 2195 6230417 CDBG PROGRAM ADMINISRATIVE 2018 21A $620.71 QP��N EN r oFyo Office of, Community Planning and Development DATE: 08 16-19 U.S. Department of'•Fiousing and Urban Development TIME: 10:44 III III Integrated' Disbursement and informationSystem PAGE: 9 *i* 2� IIIII�II �z PR26,- CDBG'Financial Summary Report oe ,P'rogram, Year 2018 L 8�tti• Dev�u BEAUMONT, TX LINE 37 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 37 (CONTINUED) Total $245,628.50 Voucher Matrix. National Plan Year IDIS Project IDIS Activity Number Activity Name Code Objective Drawn Amount 2018 4 2195 6230419 CDBG PROGRAM ADMINISRATIVE 2018 21A $16,246.69 2018 4 2195 6230757 CDBG PROGRAM ADMINISRATIVE 2018 21A $21,704.76 2018 4 2195 6234557 CDBG PROGRAM ADMINISRATIVE 2018 21A $7,280.21 2018 4 2195 6234558 CDBG PROGRAM ADMINISRATIVE 2018 21A $11,584.32 2018 4 2195 6246424 CDBG PROGRAM ADMINISRATIVE 2018 21A $720.71 2018 4 2195 6246430 CDBG PROGRAM ADMINISRATIVE 2018 21A $18,845.81 2018 4 2195 6251109 CDBG PROGRAM ADMINISRATIVE 2018 21A $770.71 2018 4 2195 6251125 CDBG PROGRAM ADMINISRATIVE 2018 21A $17,219.97 2018 4 2195 6260528 CDBG PROGRAM ADMINISRATIVE 2018 21A $4,123.21 2018 4 2195 6260534 CDBG PROGRAM ADMINISRATIVE 2018 21A $20,993.02 2018 4 2195 6274175 CDBG PROGRAM ADMINISRATIVE 2018 21A $19,151.05 2018 4 2195 6292714 CDBG PROGRAM ADMINISRATIVE 2018 21A $14,249.94 2018 4 2195 6292745 CDBG PROGRAM ADMINISRATIVE 2018 21A $15,583.48 21A Matrix Code $245,628.50 Total $245,628.50 B-18 CAPER Public Service Activities July 1, 2018 - June 30, 2019 Activity Budget Expended Unliquidated Number @ 7/1/18 7/18-6/19 Obligation @ 6/30/19 2017 Grant Year Family Services of SETX 2189 47.34 47.34 0.00 Girls Haven 2191 2,841.00 2,841.00 0.00 Julie Roger's "Gift of Life" 2192 4,919.36 4,919.36 0.00 SETX Family Resource Center 2183 146.06 146.06 0.00 2018 Grant Year Child Abuse & Forensic Services 2100 5,008.69 5,008.69 0.00 Family Services of SETX 2100 5,008.69 5,008.69 0.00 Henry's Place/Some Other Place 2100 5,008.69 5,008.69 0.00 Hope Women's Resource Clinic 2215 5,008.69 346.00 4,662.69 IEA - Inspire, Encourage, Achiev( 2205 5,008.69 3,347.00 1,661.69 Julie Roger's "Gift of Life" 2211 5,008.69 5,008.69 0.00 Nutrition Services for Seniors 2206 5,008.69 5,008.69 0.00 SETX Family Resource Center 2210 5,008.69 5,008.69 0.00 SETX Food Bank 2209 5,008.69 5,008.69 0.00 Tender Loving Care / Legacy CD- 2204 5,008.69 3,900.00 1,108.69 Total 58,040.66 50,607.59 7,433.07 B-18 CAPER Planning and Administration Activities July 1, 2018 - June 30, 2019 2017 Grant Year Sec 108 Loan Repayment Administration 2018 Grant Year Sec 108 Loan Repayment Administration Activity Budget Number @ 7/1/18 2176 0.00 2172 0.00 2202 892,966.00 2195 268,026.97 Expended Unliquidated 7/18-6/19 Obligation @ 6/30/19 0.00 0.00 0.00 0.00 892,966.00 0.00 245,628.50 22,398.47 Total 1,160,992.97 1,138,594.50 22,398.47 07/01/19 12:46:43 caARGE CUSTOMER, CUSTOMER CODE ID NAME HP001 156,124 PICKENS, CHARLES E & VANESSA 990,026,621 GULF SIERRA ENTERPRISES INC 990,026,621. GULF SIERRA ENTERPRISES INC * * * E N D OF RE P OR T * * * ORIG LOAN AMOUNT 25,.651.88 20,000.00 20,000.00 TOTAL FINAL TOTALS TOTAL PAGE 1 LOAN PRIM CLOSING CLOSING CLOSING BALANCE YEAR MONTH DAY 17,648.82 18 1 26 18,333.32 97 6 30 18,333.32 97 7 1 54,315.46 54,315.46 ZD'4e:�v a 102 07/01/19 12:46:43 CHARGE CUSTOMER CUSTOMER CODE ID NAME EDA01 161,420 GROWING TREE -CHILD DEVLP CNTR SB001 155,932 STERLING, KYLE 157,844 MT OLYMPUS PASHIONS 159,095 CHI -TOWN DAWGS, LLC 160,366 ELTTF..,CUSTOM RODS 990,032,1.90 EPICUREAN EMPIRE' INC ** END OF REPORT PAGE 1 ORIG LOAN LOAN PRIN CLOSING CLOSING CLOSING AMOUNT BALANCE YEAR MONTH DAY 25,000.00 11,487.70 16 9 15 TOTAL 11,487.70 22,500.00 18,807.43 4 8 20 20,000.00 15,093.13 8 11 21 22,500.00 16,689.43 11 12 2 22,250.00 19,368.85 14 3 25 5.0,000.00 30,440.76 97 9 10 TOTAL 100,399.60 FINAL TOTALS. TOTAL 111,887.30 CDBG Financial Summary (B -18 -MC -480003) Justifications of Adjustments Program Year Covered: 07-01-2018 to 06-30-2019 Part I: Summary of CDBG Resources Line 05: Detail of Current Year Program Income: Clearance and Demolition $12,378.00 Historic Preservation 5,648.52 Revolving loan funds loan payments received Attorney Fee Reimbursement - $492.33 (principal - $5,580.63 and interest - $171.32) 6,244.28 Total Current Year Program Income $24,270.80 THERE WERE NO ADJUSTMENTS NEEDED FOR PROGRAM YEAR 2018 Financial Summary Attachment: Program Year 2018 A. Program Income Received 1. a. Program income returned to each revolving fund: $6,244.28 Small Business $6,244.28 b. Program income received from any other source: $18,026.52 Clearance and Demolition $12,378.00 Historic Preservation $ 5,648.52 2. Amount repaid on each float -funded activity (see page 2-17 of handbook 6510.2, rev.2): n/a 3. All other loan repayments broken down by the categories of housing rehabilitation, economic development, or other. n/a 4. Amount of income received from the sale of property by parcel. n/a 5. Program income and investments of cash balances in excess of one -twelfth of the most recent grant amount must be remitted to HUD to be placed in the grantee's line -of -credit (570.504(2)(iii) within 60 days after PY end. Calculation of excess amounts should be included here. $1,351,775 = $112,647.92 Total Program Income: $24,270.80 12 6. If a grantee operates RLF(s), a calculation of the interest earned during the reporting period. This amount (if over $100), must be remitted to HUD for transmittal to the Treasury at least annually, within 60 days of the end of the PY. Calculation of interest earned should be included here. A wire transfer was submitted to HUD on 07/29/2019 in the amount of $8,331.61. B. Prior Period Adjustments N/A C. Loans and Other Receivables Each float -funded activity outstanding as of the end of the reporting period, the principal balance as of that date, and the date(s) by which the funds are expected to be received. n/a 2. a. The total number of other loans outstanding and the principal, balance owed as of the end of the reporting period for each of the following categories as applicable: housing rehabilitation; economic development; and other (Do not include the loans listed below in 2b) Historic Preservation: loans outstanding - 3 principal balance - $54,315.46 Small Business: loans outstanding - 6 principal balance - $111,887.30 b. List separately the total number of outstanding loans that are deferred or forgivable, the principal balance owed as of the end of the reporting period, and the terms of the deferral or forgiveness. n/a 3. The total number and amount of loans made with CDBG funds that have gone into default and for which the balance was forgiven or written off during the reporting period. Defaults and written off due to bankruptcy: 0 4. A list of the parcels of property owned by the grantee or its subrecipients that have been acquired or improved using CDBG funds and that are available for sale as of the end of the reporting period. (Do not include those parcels that are expected to remain in the public domain.) n/a 5. For each lump sum drawdown agreement, list: a. the name of the financial institution b. date funds were deposited C. date the use of funds commenced d. percentage of funds disbursed within 180 days of deposit in the financial institution n/a D. LOCCS Reconciliation Unexpended Balance of CDBG funds $ 945,911.39 LOC Balance 579,100.43 Cash on Hand: Grantee Program Account 0.00 Subrecipients Program Accounts 0.00 Revolving Fund Cash Balances 460,504.52 Section 108 Cash Balances 0.00 Cash on Hand Total 1.039.604.95 Grantee CDBG Program Liabilities (include any reimbursements due from program funds) ($ 93,693.56) Subrecipient CDBG Program Liabilities (include any reimbursements due from program funds) 0.00 Liabilities Total ($ 93.693.561 Balance (provide an explanation if an unreconciled difference exists) $ 0.00 Explanation (if applicable) E. Unprogrammed Funds Calculation Amount of funds available during the reporting period $2,348,660.74 Income expected but not yet realized*'t 0.00 Subtotal $ 2,348,660.74 Less total budgeted amount ($ 2,348,660.74) Unprogrammed Balance $ 0.00 **This amount should reflect any income considered as a resource in the action plan (and any amendments) for the period covered by this report as well as that identified in prior action plans/final statements (including any amendments), that was expected to be received by the end of the reporting period but had not yet been received, e.g. program income or Section 108 proceeds not yet received from an approved 108 loan. Debt service F 473,902 0 Debt service F 473,902 0 0 0 473,902 fmm Interest aamhgs end paid out of Fd 279 Debt service F 13,290,047 892,966 0 882,986 14,183,013 fmmCD00 anUU mens funds Debt service F 4,808,268 498,406 0 498,406 6,106,662 from Cmckea Street mpaymems In Fd 320 Total DebtSvr 18,372,205 1,391,372 0 1,381,372 19,763,677 2017-2018 0 473,902 from Intemsl eamIngs and paid old of Fd Z76 2018-2019 DebtserviceF 12,397,081 892,966 0 Grant Yrs 2017 2017-2018 Grant Yr Grant Yrs Grant Yrs 2018 2018-2019 Grant Yr Grant Yrs Cumulative July - Sept Oct - June Total Cumulative Cumulative July - Sept Oct - June Total Cumulative 3,175,000 0 0 0 0 3,176,000 0 0 0 0 1,865,373 0 0 0 0 1,865,373 0 0 0 0 3,000,000 3,000,000 _ 0 0 0 0 0 0 0 0 0 0 2,000,000 0 0 0 0 2,000,000 0 0 0 0 963,139 0 0 0 0 963,139 0 0 0 0 10,993,512 0 0 0 0 10,993,512 0 0 0 0 Debt service F 473,902 0 Debt service F 473,902 0 0 0 473,902 fmm Interest aamhgs end paid out of Fd 279 Debt service F 13,290,047 892,966 0 882,986 14,183,013 fmmCD00 anUU mens funds Debt service F 4,808,268 498,406 0 498,406 6,106,662 from Cmckea Street mpaymems In Fd 320 Total DebtSvr 18,372,205 1,391,372 0 1,381,372 19,763,677 0 0 473,902 from Intemsl eamIngs and paid old of Fd Z76 DebtserviceF 12,397,081 892,966 0 892,988 13,290,047 fmmCDBG entltlemeM funds Debt service F 4,342473 244,411 21,372 286,783 4,608,266 from Cmcken Street repayments In Fd NO Total Debt Svi 17,213,456 1,137,377 21,372 1,158,749 18,372,205 Financial Grant #: B -10 -MC -48-0003 07/01/18-06/30/19 PAYMENTS TO CITY FROM 3RD PARTY PAYMENTS TO HUD Activity Title 31d Party Borrower, if applicable Section 108 Loan Amount Payments Rec'd from Borrower. Principal and Interest Section 108 Balance Status (mg,o Sources of Payments to HUD Outstanding Section 108 This Year Cumulative Owed NW, derQ Loan Balance CDBG - Pdnci I and Interest Payments from Borrower P & 1 Other Source P & I (specify) This Year Cumulative This Year Cumulative This Year Cumulative - HUD Crocket Street N/A $3,000,000 $0 $4,638,216 $ 0 On-time $ $ $ $ $ $ $ Repayment N/A $ 8,000,000 N/A N/A On-time $ 892,966 $14,183,013 $498,406 $5,106,662 $ 0 $ 473,902 $ 0 Jefferson Theater Interest L.L Melton YMCA Hotel Beaumont Interest earnings earnings Theodore R. Johns Ubrary