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HomeMy WebLinkAbout09/15/2020 PACKETBEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, SEPTEMBER 15, 2020 1:30 PM CONSENT AGENDA * Approval of minutes — September 8, 2020 * Confirmation of board and commission member appointments Gene VanMeter-Electrician would be reappointed to the Building Board of Appeals. The current term would expire January 24, 2022. (Mayor Becky Ames) A) Authorize the City Manager to apply for and receive funding through the Department of Homeland Security Grant Program B) Authorize the City Manager to receive funds through the Coronavirus Emergency Supplemental Funding Program (U. S. Department of Justice) 0 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: September 15, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to apply for and receive funding through the Department of Homeland Security Grant Program (HSGP). BACKGROUND The Homeland Security Grant Program consists of a number of grant programs, one of which is the State Homeland Security Program (SHSP). This grant incorporates three programs, a SHSP first responder category for which Beaumont could be awarded $46,081, a dedicated Cybersecurity Project could be awarded for $13,000, and a dedicated Law Enforcement Terrorist Prevention Activities (LETPA) Sustaining Special Response Teams Project could be awarded for $40,798. This funding will be used to purchase tactical equipment, provide tactical officer training, replace outdated radio equipment and a cybersecurity project. This grant application was previously approved by the City Council on February 25, 2020; however, the resolution needs to be corrected to match the grant authority's template. FUNDING SOURCE No local match is required. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council finds it in the best interest of the citizens of Beaumont, that the LETPA (Law Enforcement Terrorist Prevention Activities) Sustaining Special Response Teams Project for the Police Department, the SHSP (State Homeland Security Program) Sustaining Special Response Teams Project for the Police and Fire Departments and the Cybersecurity Project be operated for fiscal year 2020; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to apply for and receive. funding in an amount up to $99,879 from the Department of Homeland Security Grant Program (HSGP) through the Office of the Governor, Homeland Security Grant Division for fiscal year 2020; and, BE IT ALSO RESOLVED THAT the City of Beaumont agrees to provide applicable matching funds for the said project as required by the Department of Homeland Security Grant Program (HSGP); and, BE IT ALSO RESOLVED THAT in the event of loss or misuse of the 2020 Homeland Security Grant Program funds, the City of Beaumont assures that all funds will be returned in full to the Office of the Governor, Homeland Security Grant Division; and, BE IT ALSO RESOLVED THAT the City Manager be and he is hereby designated as the authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency from the Department of Homeland Security Grant Program (HSGP) through the Office of the Governor, Homeland Security Grant Division in the amount up to $99,879 for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of September, 2020. - Mayor Becky Ames - L-00-� BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: September 15, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to receive funds through the Coronavirus Emergency Supplemental Funding Program (U. S. Department of Justice.) BACKGROUND The U. S. Department of Justice, Coronavirus Supplemental Funding (CESF) Program provided an allocation to the State of Texas and the South East Texas Regional Planning Commission which will be divided between the eligible agencies in this region. $53,630 would be used for three (3) Lucas Chest Compressions Systems to outfit EMS response units. These are piston driven chest compression devices which will increase the likelihood of survivability of cardiac arrest. They also decrease the prolonged exposure from sick patients for the medics providing chest compressions and reduce injury to rescuers while performing patient care. Additionally, $3,500 would allow for the purchase of seven (7) ultraviolet light decontamination kits for sanitizing the interior of Ambulances of germs, bacteria and virus. The State requests that specific language be included in a resolution and after reviewing Resolution 20-109, additional language should be used in the final resolution. FUNDING SOURCE No matching funds are required. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council finds it in the best interest of the citizens of Beaumont, that the Coronavirus Emergency Supplemental Funding Program be operated for fiscal year 2020; and, BE IT FURTHER RESOLVED THAT the City Manager be designated as the authorized official and is hereby authorized to apply for and receive funding in an amount up to $57,130 from the Office of the Governor, Criminal Justice Division for fiscal year 2020; and, BE IT ALSO RESOLVED THAT the City of Beaumont agrees to provide applicable matching funds for the said project as required by the Criminal Justice Division; and, BE IT ALSO RESOLVED THAT in the event of loss or misuse of the Coronavirus Emergency Supplemental funds, the City of Beaumont assures that funds will be returned in full to the Criminal Justice Division (CJD); and, BE IT ALSO RESOLVED THAT the City Manager be and he is hereby designated as the authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency from the Bureau of Justice through the Office of the Governor, in the amount up to $57,130 for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of September, 2020. - Mayor Becky Ames - BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, SEPTEMBER 15, 2020 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognitions * Public Comment: Persons may speak on scheduled agenda items 1, 3 and 4/ Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a resolution approving a contract with First Transit Inc. of Cincinnati, Ohio, for the management of the Beaumont Municipal Transit System JOINT PUBLIC HEARING * Receive comments on the proposed FY 2021 Budget and the proposed 2021 Capital Program 2. Consider a resolution postponing the final vote on the proposed FY 2021 Budget to September 22, 2020 PUBLIC HEARING * Receive comments on the 2020 (FY 2021) proposed tax rate Consider a resolution authorizing the City Manager to execute an agreement with the Beaumont Independent School District (BISD) regarding the School Crossing Guard Program 4. Consider passage of an ordinance terminating the previously declared state of disaster made necessary by the imminent threat of Hurricanes Marco and Laura. Also to consider repealing Ordinance No. 20-041 which extended the adopted Emergency Powers because of the public calamity resulting from Hurricanes Marco and Laura COMMENTS * Public Comment (Persons are limited to 3 minutes) * Councilmembers/City Manager/City Attorney comment on various matter 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 15, 2020 Consider a resolution approving a contract with First Transit Inc. of Cincinnati, Ohio, for the management of the Beaumont Municipal Transit System BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager &-Sa PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: September 15, 2020 REQUESTED ACTION: Council consider a resolution approving a contract with First Transit Inc. of Cincinnati, Ohio, for the management of the Beaumont Municipal Transit system. BACKGROUND The Beaumont Municipal Transit system currently operates ten (10) fixed routes with seventeen (17) buses and an ADA door-to-door service with eight (8) vans. The City owns these vehicles along with the transit offices, repair shop, fueling station, Dannenbaum Station and shelters throughout Beaumont. For decades a private firm has operated the system for the City. The drivers, mechanics and other staff work directly for the private company. The current operator, Beaumont Transit Company, has chosen to not seek renewal of its contract. As such, a Request for Proposal (RFP) process was initiated and two responses were received. Both were evaluated according to the criteria outlined in the RFP. First Transit Inc. of Cincinnati, Ohio received the higher score. Evaluation results are attached. The contract provides for a term of three (3) years with two (2) successive one-year extensions at the following price structure which includes the General Manager's salary: Annual Cost Year 1 $217,943.21 Year 2 $219,165.93 Year 3 $221,556.15 Year 4 $217,535.75 Year 5 $220,067.53 These costs would cover such items as the management of the system, including the salary of the General Manager, accounting services, payroll services, purchasing services, claims administration, risk and insurance management, grant applications, federal and state reporting and compliance, ridership studies, budgeting, and customer service. Direct costs for vehicles, their maintenance, fuel, parts, payroll for employees, maintenance of facilities and other operating supplies are the responsibility of the City. First Transit Inc. has been in business for sixty-five (65) years, operates at more than three hundred (300) locations, including twenty-seven (27) operations in Texas. First Transit Inc. employs 19,000 people, providing more than three hundred -fifty (350) million rides each year. If approved, the contract would become effective upon execution, with management responsibility transferred, ideally, by the end of September, 2020. FUNDING SOURCE Municipal Transit Fund. RECOMMENDATION Approval of the resolution. City of Beaumont -- Criteria Tab RFP Name: Management Services for Beaumont Municipal Transit System RFP Number: PF0620-17 RFP Opening Date: August 13, 2020 Maximum Criteria Points Vendor Vendor First Transit Inc Cincinnati, Ohio Espree Johnson Enterprise Beaumont, TX. Qualifications of General Manager 20 19.50 15.00 Experience of Management Firm 20 20.00 13.00 Understanding of Local Conditions 20 18.00 18.00 Operating Plans 20 19.50 14.50 Cost Proposal 20 1850 16.50 Total 100 95.50 77.50 MANAGEMENT AGREEMENT This Agreement, is made and entered into this day of 2020, by and between the City of Beaumont (hereinafter referred to as the "Client"), and First Transit, Inc j a Delaware corporation (hereinafter referred to as "FIRST TRANSIT"). 1. EMPLOYMENT AND ACCEPTANCE The Client hereby engages FIRST TRANSIT as an independent contractor to manage the operation of the public transit system in the urban area, including additions to and extensions thereof, (the "Transit System"), as provided herein. FIRST TRANSIT agrees to supply such services. 2. DESIRED RESULT The desired result to be achieved by FIRST TRANSIT is management of the Transit System under the Client's policies and in a way, which will provide the quality and quantity of service as determined from time to time by the Client. FIRST TRANSIT will not, however, be expected to achieve results beyond the limits of the funding and other resources made available to it for management of the Transit System. 3. SCOPE OF SERVICES OF FIRST TRANSIT FIRST TRANSIT will furnish management services as reasonably required by the Client and necessary to assist the Client in the efficient operation of the Transit System under the policies, standards, and procedures established by the Client, and within the scope of FIRST TRANSIT's proposal. The management to be furnished includes, but shall not be limited to, assisting the Client in carrying out the functions of transit planning, marketing, 1 The parties understand and agree that the term FIRST TRANSIT as referred to herein shall include the subcorporation formed pursuant to paragraph 5, if any, and all terms and conditions, rights owed to or duties required by FIRST TRANSIT pursuant to this Agreement shall likewise apply to the subcorporation; provided however, that FIRST TRANSIT shall have no responsibility whatsoever for any compensation, benefits and insurance that subcorporation may offer to its employees 1 real estate management, equipment and building utilization and maintenance, security, routes, scheduling, fares, service standards, purchasing, accounting, budgeting, safety, insurance and claims, employee selection and training per Client guidelines, labor negotiations (excluding grievances and interest arbitration), public relations, equipment selection, grant applications, and all other normal managerial functions reasonably required in the day-to-day operation of the Transit System. At the request of the Client, under separate contract and for an additional fee, FIRST TRANSIT will supply "Special Project" assistance. "Special Projects" include but are not limited to, Bus Line Inspections (BLI), Comprehensive Operational Analysis (COA), Transit Development Programs (TDP), MIS Projects, Operator Monitoring Services, or any other special programs requested of FIRST TRANSIT during the term of this Agreement. Special Projects are not within the scope of the day-to-day management services provided for herein..For each Special Project, the parties shall mutually agree upon the cost, the work task plan, special project budget, and the special project tracking --- reporting plan. 4. COMMENCEMENT AND TERM The Effective Date of this Agreement is the , regardless of the date of execution, and the Agreement shall continue from the Effective Date for a term of three (3) years from the Effective Date. This Agreement shall be extended by mutual agreement of the parties for two (2) additional one year terms, unless either party gives the other party sixty (60) days' written notice before expiration of the original or subsequent one year terms, of such party's desire to terminate the contract at its convenience. 5. OPERATING ENTITY AND PERSONNEL 6 A. FIRST TRANSIT will cause to be formed, under the laws of Texas, a wholly -owned subsidiary by the name of ("[transit sub]"). The [transit sub] will be the employer of all personnel necessary for the operation of the Transit System. B. FIRST TRANSIT will furnish a General Manager who shall be selected with the approval of the Client, which approval shall not be unreasonably withheld, be a [transit sub] employee and serve at the expense of Client and shall provide the active management of the Transit System for and on behalf of the Client. The General Manager shall reside in the Beaumont area. Management of the Transit System shall be the full time job of the General Manager. C. The Client agrees, for a period of one (1) year following the expiration or sooner termination of this Agreement, not to solicit, nor to hire as an employee, nor to engage in any capacity whatsoever, the General Manager. 6. ADVISORY AND TECHNICAL ASSISTANCE FIRST TRANSIT will furnish advisory and technical assistance, at the Transit System or elsewhere, as may be reasonably required to assist the General Manager in the management of the Transit System at no additional cost (except travel and living expenses as set forth in Section 6 herein). Such advisory and technical assistance shall include, but will not be limited to, those relating to the managerial functions identified in Section 3. The Client will reimburse FIRST TRANSIT for travel and living expenses of non-resident FIRST TRANSIT personnel while they are providing advisory and technical assistance services away from their headquarters, as provided below: Travel 1. Actual coach (if available) airfare. 3 7. S. 2. Automobile allowance computed at the lesser of the rate per mile established by either the state or federal government at the beginning of each six month period that this Agreement is in effect. 3. Airport parking fees and related ground transportation costs including auto rental. Lzvin� Actual costs incurred for lodging, plus $50.00 per Diem to cover food and miscellaneous expenses. The per diem amount shall be increased by $3.00 for each succeeding year of this Agreement. FIRST TRANSIT will keep adequate time and expense records to document the billings, which shall be submitted monthly to the Client. COMPENSATION FIRST TRANSIT's fee for the services to be rendered pursuant to this Agreement will be as follows: PERIOD FEE Year 1 $ 92,943.21 Year 2 $ 94,165.93 Year 3 $ 96,556.15 Year 4 $ 92,535.75 Year 5 $ 95,067.53 Payment will be made by the Client to FIRST TRANSIT on or before the 15th day of each month for that month's management fee on a pro rata basis of the annual fee. In the event this Agreement becomes effective or terminates during a calendar month, the fee due FIRST TRANSIT will be prorated on a daily basis. The Client will pay interest on any balance outstanding beyond the fifteen (15) day period noted in this section at the legal rate in the state in which the Client resides. WORK FUNDS The Client shall provide the Transit System with adequate working funds which shall be deposited in a "Regular Operating Checking Account," "Other Special Accounts as 51 Needed," and a "Payroll Account" and shall be used to pay all payroll, fringe and pension benefit expenses and all other "operating expenses" of the Transit System under procedures and controls adopted by the Client. The ownership of said funds will remain in the Client. As used herein, the term "operating expenses" of the Transit System shall mean and include, but not be limited to, all wages, fringe benefits, and pension benefits of all person- nel all payroll, social security, property and all other taxes pertaining to the operation of the Transit System, all rentals, utilities, association dues, insurance premiums and deductibles, cost of fuel, supplies and parts, repairs, uninsured losses, judgments, settlements, awards and all other charges, costs and expenses pertaining to the operation of the Transit System. It is also understood and agreed that the term "operating expenses" shall include all past, present, and future pension or profit sharing plan liability, including without limitation, liability for vested but unfunded or underfunded benefits, payable by the Client or its contractors. All operating expenses shall be an obligation of, and paid by, the Client. Under no circumstances may the Client withhold or offset compensation to the Client or reimbursable operating expenses stated on the Client's invoice. In the event of a dispute, the Client shall pay the invoice and protest disputed amounts in writing to the First Transit. Only the following expenses shall be excluded from reimbursement to FIRST TRANSIT: FIRST TRANSIT expenses, with the exception of travel and living expenses of nonresident FIRST TRANSIT personnel while they are providing advisory and technical assistance services to Client per Section 6 of this Agreement; taxes of all kinds levied by reason of property owned by, or net income of, FIRST TRANSIT, as the parties believe that FIRST TRANSIT is not liable for any taxes other than the forgoing, but in the event it should be judged liable for any other taxes, FIRST TRANSIT shall be reimbursed for same. 9. EQUIPMENT, FACILITIES AND SERVICES I The Client will furnish, at its expense and without cost to FIRST TRANSIT, the use of all necessary office space, utilities, finniture, equipment, supplies, materials, communication services, legal services, postage, secretarial and clerical help, and such automobile transportation and related parking as may be reasonably necessary for the management of the Transit System. FIRST TRANSIT is held harmless and indemnified by the Client for the condition of the facility and equipment at the inception of this Agreement, during occupancy and at termination of occupancy. The Client agrees to pay any other reasonable business expenses incurred by FIRST TRANSIT in the management or operation of the Transit System. 10. EMPLOYER STATUS The [transit sub] will be the employer and assume the employment of all employees, other than FIRST TRANSIT personnel, and all labor and other contractual obligations necessary for the operation of the Transit System. All collective bargaining agreements or other employment agreements and amendments thereto negotiated by FIRST TRANSIT will be submitted to the Client for approval and will be the responsibility of the Client. Per Section 8 of this Agreement, all agreed cost for all wages, fringe benefits, and pension benefits of all [transit sub] employees will be the responsibility of the Client. 11. REVENUE Revenue derived from the operation of the Transit System, whether from passengers or from other sources, shall be and remain from the initial receipt thereof, the absolute property of the Client. The handling and treatment of such revenue, including the banking thereof, and the accounting therefore, shall be as directed by the Client. FIRST TRANSIT on behalf of the Client, shall receive, collect and deposit all of the aforesaid revenue collected in its operations in the manner directed by the Client. FIRST TRANSIT shall keep and maintain the local books and records of the operation of the Transit System in conformity with the requirements, and at the direction of, the Client. FIRST TRANSIT 0 shall render and certify to the Client such full and complete monthly or other operating reports and financial statements as the Client shall reasonably require. 12. TITLE TO PROPERTY All real estate, buildings, equipment, buses, motor vehicles and all materials and supplies reasonably necessary for the operation of the Transit System shall be furnished by the Client and shall remain the property of the Client. All property of any type either real, personal, or mixed hereinafter acquired and reasonably necessary for performance of the Transit System operations shall be acquired at the Client's expense and shall become the property of the Client. 13. PURCHASING OF EQUIPMENT AND SUPPLIES FIRST TRANSIT shall advise the Client from time to time regarding the types and amounts of materials, supplies, tools and equipment, including buses, needed for use in the operation or maintenance of the Transit System. FIRST TRANSIT shall make recommendations as to type, quantity and amount of materials, supplies and equipment to be purchased, and such purchases shall be made pursuant to the Client's purchasing policy. 14. AUDIT AND INSPECTION OF RECORDS FIRST TRANSIT shall permit the authorized representatives of the Client to inspect and audit all local data and records of FIRST TRANSIT reasonably relating to its performance. under this Agreement. To the extent that federal or state funds are involved, the right to inspection and audit shall extend to authorized representatives of the United States Department of Transportation, the Comptroller General of the United States and the applicable state offices, if any. 15. BUDGETS AND PROJECTIONS; FARES AND SCHEDULES FIRST TRANSIT agrees to prepare or assist in the preparation of the necessary annual budgets and projections as are required by the Client and agrees to furnish periodic reports 7 and recommendations to the Client relating to service extensions, route planning and service policies. 16. THIRD PARTY LIABILITY FIRST TRANSIT shall indemnify, defend and hold harmless Client, its officers, agents, and employees from and against any and all loss, liability, claims, damage or expenses (including, but not limited to, attorneys' fees) arising out of, or related to, the management or operation of the Transit System, whether or not caused, in whole or in part, by the negligence of Client or its officers, agents, or employees, provided, however, that FIRST TRANSIT will have no obligation to indemnify Client for criminal penalties or fraud committed by theClient, or its officers, agents, servants or employees. 18. INSURANCE A. FIRST TRANSIT shall purchase and maintain insurance as worker's compensation insurance as provided by Chapter 504 of the Texas Labor Code for the employees of [transit sub] covering all work and services performed under this Agreement. FIRST TRANSIT shall also purchase and maintain comprehensive automobile liability insurance and commercial general liability insurance covering [transit sub] and its employee, with a combined single limit of no less than $5,000,000per occurrence. Each such policy (a) shall, with the exception of the workers' compensation policy, be endorsed to nameClient, as defined above, as additional insured, (b) shall provide that the coverage afforded thereby is primary as to Client and not excess and (c) shall provide that it cannot be cancelled or materially altered without thirty (30) days prior written notice toClient. FIRST TRANSIT shall provide Client with certificate evidencing compliance with the provisions of this section 18.A. E Client agrees that workers compensation, general liability, auto liability insurance, including collision and comprehensive coverage, will be provided through the First Transit insurance program throughout the term of this Agreement, and any extensions thereof. Premiums may be adjusted annually and the Client agrees to reimburse First Transit for premium costs. The cost and expense of furnishing and maintaining such policy or policies shall be deemed an operating expense of the Transit System payable in accordance with the provisions of Section 8. FIRST TRANSIT shall indemnify, defend and hold Client, its agents, servants and employees harmless from and against any and all loss, liability, claims, damage, and expenses (including, without limitation, attorneys fees), resulting from or arising out of First Transit's failure to furnish and maintain the insurance policies required by Subsection 18.A. above in accordance with the terms thereof. In the event of any such failure, Client may, at its sole option, furnish such policy or policies without prejudice to any other remedy Client may have. 19. WAIVER OF SUBROGATION The Client hereby releases and agrees to indemnify, defend and hold harmless FIRST TRANSIT, as defined above, from and against any and all liability for loss of or damage to the buses or other properties of the Client during the term of this Agreement or any renewal or extension thereof. The Client hereby waives on behalf of itself and its insurer(s), any and all rights or subrogation against FIRST TRANSIT, as defined above. 20. LEGAL COUNSEL It shall be the responsibility of FIRST TRANSIT to handle all legal matters of the Transit System not covered by insurance. Whenever legal counsel is required for the benefit of the Transit System, FIRST TRANSIT shall have the right to retain counsel reasonably acceptable to the Client and charge the cost thereof as an operating expense of the Transit System. 9 21. FORCE MAJEURE FIRST TRANSIT shall not be liable to the Client for any failure, delay or interruption of service or for any failure or delay in the performance of any obligation under this Agreement due to strikes, labor unrest, labor shortages, walkouts, acts of God, governmental restrictions, enemy action, civil commotion, unavoidable casualty, unavailability of fuel or parts, or other similar acts beyond the reasonable control of FIRST TRANSIT. 22. NO PERSONAL LIABILITY No officer, director, or employee of the Client or of FIRST TRANSIT shall be personally liable for the fulfillment of the conditions of this Agreement. 23. DEFAULT In case of a breach of any material provision hereunder, the nonbreaching party shall give the other party prompt written notice of such breach, setting forth the facts in reasonable detail. In the event that the breaching party has not cured such breach within thirty (30) days (or in case of breaches which require a longer period to cure, has failed to commence upon such cure within said period and thereafter to diligently proceed with the same to completion), the nonbreaching party shall have the right to terminate this agreement without further notice. This Agreement shall also be terminable for cause at the option of the other party if any party is adjudicated bankrupt; is subjected to the appointment of a receiver and fails to have such a receiver removed within ninety (90) days; has any of its property attached and fails to remove such attachment within ninety (90) days; becomes insolvent; or, for a period of ninety (90) days, is unable to pay its debts as the same become due, upon ninety (90) days' notice. 24. SEVERABILITY AND INTENT 10 Should any part of this Agreement be declared to be unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision will not affect the validity of the remainder of this Agreement, which will continue in full force and effect. Except as is expressly provided herein, this Agreement is not intended to be a third party beneficiary Agreement and confers no rights on anyone other than the Client and FIRST TRANSIT. 25. ASSIGNMENT This Agreement shall not be assigned, transferred, hypothecated or pledged by either party without the prior written consent of the other party. However, this Agreement shall be binding upon the successors or assigns of the respective parties. 26. NOTICE Notice to FIRST TRANSIT means notice in writing addressed to FIRST TRANSIT's local General Manager at the local address of the Transit System, and to the Vice President of Transit Management, FIRST TRANSIT and delivered to the office of FIRST TRANSIT at 600 Vine Street, STE 1400, Cincinnati, Ohio 45202. Notice to the Client means notice in writing addressed to City Manager at 801 Main Street, Suite 300, Beaumont, Texas 77701. 27. APPLICABLE LAW Subject to Federal Law requirements found in Exhibit A, this Agreement shall be governed by the laws of the state of Texas, without regard to conflict of law principles and any dispute shall be venued in the courts located in Beaumont, Jefferson County, Texas. 28. BREACHES AND DISPUTE RESOLUTION. Disputes - Disputes arising in the performance of this Agreement which are not resolved by agreement of the parties shall be decided through arbitration before a mutually agreed 11 upon arbitrator. The cost of arbitration shall be shared equally amongst the parties. The losing party shall have the option to appeal the decision to district court. Performance During Dispute - Unless otherwise directed by Client, FIRST TRANSIT shall continue performance under such Agreement while matters in dispute are being resolved. Rights and Remedies - The duties and obligations imposed by this Section and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law, including the right to a trial by jury in the courts located in Beaumont, Jefferson County, Texas. 29. ENTIRE AGREEMENT This Agreement, including all Exhibits hereto, constitutes the entire agreement between the parties, with respect to the subject matter, and supersedes any previous understandings, representations, commitments or agreements, oral or written. No provision of this Agreement may be waived except by a writing signed by the party to be charged, nor may this Agreement be amended except by a writing executed by both parties. If any provisions, or portion thereof, of this Agreement is or becomes invalid under any applicable statute or rule of law, it is to be deemed stricken and the rest of this Agreement shall remain in full force and effect. If any language in this Agreement shall conflict with any language in the Exhibits hereto, the language of this Agreement shall govern. IN WITNESS WEEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers. By:_ Witness Title: Date: Witness FIRST TRANSIT, INC. By:_ Title: Date: 12 (" CLIENT") ---name here --- (SUBCORPORATIOl) Witness By:_ Title: Date: 13 EXH BIT A FEDERAL REQURElVIENTS 1) Program Fraud and False or Fraudulent Statements and Claims. The Contractor acknowledges and agrees as follows: A. The Contractor acknowledges that the requirements of the Program Fraud Civil Remedies Act of 198 6, as amended, 3 1 U. S. C. § § 3 801 et al. and U. S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 3 1, apply to its actions pertaining to the Project. Accordingly, by signing the Contract or Subcontract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, or it may make pertaining to the covered by the Contract. In addition to other penalties that may be applicable, the Contractor also acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986, as amended, on the Contractor to the extent the Federal Government deems appropriate. B. The Contractor also acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government in connection with an urbanized area formula project financed with Federal assistance authorized by 49 U.S.C. § 5307, the Government reserves the right to impose on the Contractor the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1), to the extent that the Federal Government deems appropriate. C. The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 2) Federal Changes. Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Agreement (Form FTA NIA (2) dated October, 1995) between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 3) Civil Rights Requirements. The following requirements apply to the underlying contract: A. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act 14 B. of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. C. Equal Employment Opportunity. The following equal employment opportunity requirements apply to the underlying contract: 1) Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights Act as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et al., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. I 1 3 7 5, " Amending Executive Order 11 246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 2) Age. In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §§ 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 3) Disabilities. In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S. C. § 12112, the Contractor agrees that it will comply with the.requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630; pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing 15 requirements FTA may issue. C. The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 4) Title VI. During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: A. Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") title 49, CFR, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. B. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and Leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix 8 of the Regulations. C. Solicitations for Subcontracts, IncludingProcurementsof Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or Leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. D. Information and Reports: The contractor shall provide all information 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 facilities as may be determined by the -Purchaser or the Federal Transit Administration (FTA) to be pertinent to ascertain compliance with such regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to fiunish this information the contractor shall so certify to the Purchaser, or the -Federal Transit Administration (FTA) as appropriate, and shall set forth what efforts it has made to obtain the information. 16 E. Sanctions for Compliance: In the event of the contractor's noncompliance with nondiscrimination provisions of this contract, the Purchaser shall impose contract sanctions as it or the (Name of the Appropriate Administration) may determine to be appropriate, including, but not Limited to: 1) withholding of payments to the contractor under the contract until the contractor complies; and/or cancellation, termination, or suspension of the contract, in whole or in part. 5) Termination Provisions. A. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the Purchaser may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the Purchaser that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the Purchaser, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. B. Opportunity to Cure (General Provision) The Purchaser in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time) in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions. If Contractor fails to remedy to Purchaser's satisfaction the breach or default or any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor or written notice from Purchaser setting forth the nature of said breach or default, Purchaser shall have the right to terminate the Contract without any fiu-ther obligation to Contractor. Any such termination for default shall not in any way operate to preclude Purchaser from also pursuing all available remedies against Contractor and its sureties for said breach or default. C. Waiver of Remedies for any Breach 17 In the event that Purchaser elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by Purchaser shall not limit Purchaser's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. 6) Requirements for Disadvantaged Business Enterprises (DBE). The Federal Fiscal Year goal has been set by (Grantee) in an attempt to match projected procurements with available qualified disadvantaged businesses. Purchaser goals for budgeted service contracts, bus parts, and other material and supplies for Disadvantaged Business Enterprises have been established by Purchaser as set forth by the Department of Transportation Regulations 49 C.F.R. Part 23, March 31, 1980, and amended by Section 106(c) of the Surface Transportation Assistance Act of 1987, and is considered pertinent to any contract resulting from this request for proposal. If a specific DBE goal is assigned to this contract, it will be clearly stated in the Special Specifications, and if the contractor is found to have failed to exert sufficient, reasonable, and good faith efforts to involve DBE's in the work provided, Purchaser may declare the Contractor noncompliant and in breach of contract. If a goal is not stated in the Special Specifications, it will be understood that no specific goal is assigned to this contract. A. Policy - It is the policy of the Department of Transportation and Purchaser that Disadvantaged Business Enterprises, as defined in 49 CFR Part 23, and as amended in Section 106(c) of the Surface Transportation and Uniform Relocation Assistance Act of 1987, shall have the maximum opportunity to participate in the performance of Contract financed in whole or in part with federal funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part 23 and Section 106(c) of the STURAA of 1987, apply to this Contract. The Contractor agrees to ensure that DBEs as defined in 49 CFR Part 23 and Section 106(c) of the STURAA of 1987, have the maximum opportunity to participate in the whole or in part with federal funds provided under this Agreement. In this regard, the Contractor shall take all necessary and reasonable steps in accordance with the Regulations to ensure that DBEs have the maximum opportunity to compete for and perform subcontracts. The Contractor shall not discriminate on the basis of race, color, national origin, religion, sex, age or physical handicap in the award and performance of subcontracts. It is further the policy of Purchaser to promote the development and increase the participation of businesses owned and controlled by disadvantaged. DBE involvement in all phases of Purchaser procurement activities are encouraged. B. DBE obligation - The Contractor and its subcontractors agree to ensure that disadvantaged businesses have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds provided under the Agreement. In that regard, all Contractors and subcontractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 as amended, to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. 18 Where the Contractor is found to have failed to exert sufficient reasonable and good faith efforts to involve DBE's in the work provided, Purchaser may declare the contractor noncompliant and in breach of contract. The Contractor will keep records and documents for a reasonable time following performance of this contract to indicate compliance with Purchaser DBE program. These records and documents will be made available at reasonable times and places for inspection by any authorized representative of Purchaser and will be submitted to Purchaser upon request. Purchaser will provide affirmative assistance as may be reasonable and necessary to assist the prime contractor in implementing their programs for DBE participation. The assistance may include the following upon request: • Identification of qualified DBE • Available listing of Minority Assistance Agencies Holding bid conferences to emphasize requirements DBE Program Definitions, as used in the contract: A. Disadvantaged business "means a small business concern": 1) Which is at least 51 percent owned by one or more socially and economically disadvantaged individuals, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and 2) Whose management and day business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. or 3) Which is at least 51 percent owned by one or more women individuals, or in the case of any publicly owned business, at least 5 1 % of the stock of which is owned by one or more women individuals; and 4) Whose management and daily business operations are controlled by one or more women individuals who own it. B. "Small business concern" means a small business as defined by Section 3 of the Small Business Act and Appendix B - (Section 106(c)) Determinations of Business Size. C. "Socially and economically disadvantaged individuals" means those individuals who are citizens of the United States (or lawfully admitted permanent residents) and States (or lawfully admitted permanent residents) and who are black Americans, Hispanic Americans, Native Americans, Asian -Pacific Americans, Asian -Indian Americans, or women, and any other minorities or D. individuals found to be disadvantaged by the Small Business Administration pursuant to section g(a) of the Small Business Act. 1) "Black Americans", which includes persons having origins in any of the Black racial groups of Africa; 19 2) "Hispanic Americans", which includes persons of Mexican, Puerto Rican, Cuba, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race; 3) "Native Americans', which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; 4) "Asian -Pacific Americans", which includes persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of Pacific, and the Northern Marianas; 5) "Asian -Indian Americans", which includes persons whose origins are from India, Pakistan, and Bangladesh. 7) Environmental Protection. The Contractor agrees to comply with all applicable requirements of the National Environmental Policy Act -of 1969, as amended, 42 U. S.C. §§ 4321 et seq. in accordance, with Executive Order No. 12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations," 59 Fed. Reg. 7629, Feb. 16, 1994; FTA statutory requirements on environmental matters at 49 U.S. C. § 5324(b); Council on Environmental Quality Regulations on compliance with the National Environmental Policy Act of 1969, as amended, 40 C.F.R. Part 1500 et seq.; and joint FHWA/FTA Regulations, "Environmental Impact and Related Procedures," 23 C.F.R. Part 771 and 49 C.F.R. Part 622. 8) Energy Conservation. The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. \ 9) Privacy. To the extent that the Contractor, any third party contractor at any tier, any subrecipient at any tier, or their employees administer any system of records on behalf of the Federal Government, the Contractor agrees to comply with, and assures the compliance of each affected third party contractor at any tier, each affected subrecipient at any tier, and their employees with the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. 552, (the Privacy Act). Specifically: A. Consent of Federal Government. The Contractor agrees to obtain the express consent of the Federal Government before it or its subcontractors, or any B. of their employees operates a system of records on behalf of the Federal Government. C. Acknowledgment of Civil and Criminal Penalties. The Contractor acknowledges that the requirements of the Privacy Act, including the civil and criminal penalties for violations of the Privacy Act apply to those individuals 20 administering a system of records for the Federal Government under the Project, and that failure to comply with the Privacy Act may result in termination of the Contract . 10) Access to Records and Reports. The following access to records requirements apply to this Contract: A. Where the Purchaser is not a State but a local government and is the FTA recipient or a subgrantee of the FTA recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the Unites States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 531 1. B. Where the Purchaser is a State and is the FTA recipient or a subgrantee of the FTA recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)l, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $100,000. C. Where any Purchaser which is the FTA recipient or a subgrantee of the FTA recipient in accordance with 49 U. S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)l) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. D. The Contractor agree to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 11) Access to Records. 21 The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of a such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(I 1). 12) Clean Aar . The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S. C. §§ 7401 et seq. Specifically: A. to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. B. to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by the FTA. 13) Clean Water. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et. seq. The contractor agrees to report each violation to the (Grantee) and understands and agrees that the State will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. 14) Notification of Federal Participation. In the announcement of any third party contract award for goods or services (including construction services) having an aggregate value of $500,000 or more, the Contractor agrees to specify the amount of Federal assistance to be used in financing that acquisition of goods and services and to express the amount of that Federal assistance as a percentage of the total cost of that third party contract. 15) 13(c) and Transit Employee Protective Arrangements. The Contractor agrees to the comply with applicable transit employee protective requirements as follows: A. General Transit Employee Protective Requirements. To the extent that FTA determines that transit operations are involved, the Contractor agrees to carry out the transit operations work on the underlying contract in compliance with ten-ns and conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect the interests of employees employed under this contract 22 and to meet the employee protective requirements of 49 U. S.C. § 5333(b), and U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the letter of certification from the U.S. DOL to FTA applicable to the FTA Recipient's project from which Federal assistance is provided to support work on the underlying contract. The Contractor agrees to carry out that work in compliance with the conditions stated in that U.S. DOL letter. The requirements of this subsection (1), however, do not apply to any contract financed with Federal assistance provided by FTA either for projects for elderly individuals and individuals with disabilities authorized by 49 U.S.C. § 53 10(a)(2), or for projects for nonurbanized areas authorized by 49 U.S.C. § 531 1. Alternate provisions for those projects are set forth in subsections (b) and (c) of this clause. B. Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. § 53 10(a)(2) for Elderly Individuals and Individuals with Disabilities. If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 53 10(a)(2), and if the U.S. Secretary of Transportation has determined or determines in the future that the employee protective requirements of 49 U.S.C. § 5333(b) are necessary or appropriate for the state and the public body subrecipient for which work is performed on the underlying contract, the Contractor agrees to carry out the Project in compliance with. the terms and conditions determined by the U.S. Secretary of Labor to meet the requirements of 49 U.S.C. § 5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the U.S. DOL's letter of certification to FTA, the date of which is set forth Grant Agreement or Cooperative Agreement with the state. The Contractor agrees to perform transit operations in connection with the underlying contract in compliance with the conditions stated in that U.S. DOL letter. C. Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. §5311 in Nonurbanized Areas. If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U. S.C. § 531 1, the Contractor agrees to comply with the terms and conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the U.S. D. Secretaries of Transportation and Labor, dated May 31, 1979, and the procedures implemented by U.S. DOL or any revision thereto. The Contractor also agrees to include the any applicable requirements in each subcontract involving transit operations financed in whole or in part with Federal assistance provided by FTA. 16) Charter Service Operations. The Contractor agrees to comply with 49 U. S.C. 5323(d) and 49 CFR Part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service 23 using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions at 49 CFR 604.9. Any charter service provided under one of the exceptions must be "incidental," i.e., it must not interfere with or detract from the provision of mass transportation. 17) School Transportation Operations. Pursuant to 69 U. S.C. 5323(f) and 49 CFR Part 605, recipients and subrecipients of FTA assistance may not engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, recipients and subrecipients may not use federally funded equipment, vehicles, or facilities. 18) Access Requirements for Individuals with Disabilities. The Contractor agrees to comply with the requirements of The Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq.,-including but not limited to the regulatory provisions of 49 CFR Parts 27, 37 and 39. 19) Drug Abuse and Testing Requirements. The Contractor agrees to participate in Purchaser's drug and alcohol program established in compliance with 40 FR 653 and 654. The Contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Parts 653 and 654, produce any documentation necessary to establish its compliance with Parts 653 and 654, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 653 and 654 and review the testing process. The Contractor agrees further to certify annually its compliance with Parts 653 and 654 and to submit the Management Information System (NITS) reports annually. To certify compliance the Contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications -and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register. 20) Disputes. Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of Purchaser's representative. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the next higher chain of command. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of this person shall be appealable to an arbitrator. Performance During Dispute. Unless otherwise directed by Purchaser, Contractor shall 24 continue performance under this Contract while matters in dispute are being resolved, unless dispute involves a past due payment owed to Contractor uncured within 90 days, in which case Contractor may discontinue performance. Claims for Damages. Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies. Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the Purchaser and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the Purchaser is located. Rights and Remedies. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the Purchaser or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 21) Incorporation of FTA Terms. The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220. ID, dated April 15, 1996, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, failure to perform any act, or refuse to comply with any Purchaser requests which would cause Purchaser to be in violation of the FTA terms and conditions. 25 CERTIFICATION REGARDING LOBBYING PURSUANT TO 49 CFR PART 20 Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100, 000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form—LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1119196). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 3 1, U. S. C. § 13 5 2 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(t)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shaft be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 3 1 U. S.C. § 3 80 1, et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date 26 CERTIFICATION OF PRIMARY PARTICIPANT REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS The Primary Participant (applicant for an FTA grant or cooperative agreement, or Potential Contractor for a major third party contract), certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction,- violation of Federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (If the primary participant (applicant for an FTA grant, or cooperative agreement, or potential third party contractor) is unable to certify to any of the statements in this certification, the participant shall attach an explanation to this certification.) THE PRIMARY PARTICIPANT (APPLICATION FOR AN FTA GRANT OR COOPERATIVE AGREEMENT, OR POTENTIAL CONTRACTOR FOR A MAJOR THIRD PARTY CONTRACT), CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET. SEQ. ARE APPLICABLE THERETO. Signature of Contractor's Authorized Official Date Typed Name and Title of Contractor's Authorized Official The undersigned chief counsel for the hereby certifies that the has authority under State and local law to comply with the subject assurances and that the certification above has been legally made. Signature of Applicant's Attorney Date Typed Name of Applicant's Attorney 27 RESOLUTION NO. WHEREAS, Request for Proposals (RFP) were solicited for a three (3) year contract, with two (2) successive one (1) year renewal options, for management of the Beaumont Municipal Transit system; and, WHEREAS, First Transit, Inc., of Cincinnati, Ohio, submitted a proposal in the amount of $1,096,268.57 in the annual amounts shown below: ; and, Annual Cost Year 1 $217,943.21 Year 2 $219,165.93 Year 3 $221,556.15 Year 4 $217,535.75 Year 5 $220,067.53 WHEREAS, City Council is of the opinion that it is in the best interest of the citizens of the City of Beaumont that the proposal submitted by First Transit, Inc., of Cincinnati, Ohio, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the Request for Proposal submitted by First Transit, Inc., of Cincinnati, Ohio, for a three (3) year contract, with two (2) successive one (1) year renewal options, for management of the Beaumont Municipal Transit system in the amount of $1,096,268.57 in the annual amounts shown above be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with First Transit, Inc., of Cincinnati, Ohio, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of September, 2020. - Mayor Becky Ames - JOINT PUBLIC HEARING Receive comments on the proposed FY 2021 Budget and the proposed 2021 Capital Program 2 September 15, 2020 Consider a resolution postponing the final vote on the proposed FY 2021 Budget to September 22, 2020 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: September 15, 2020 REQUESTED ACTION: Council hold a Joint Public Hearing on the proposed FY 2021 Budget and the proposed 2021 Capital Program and at the conclusion of the hearing take action to postpone the final vote on the proposed FY 2021 Budget until September 22, 2020. BACKGROUND The proposed FY 2021 Budget was submitted to Council on August 11, 2020. The proposed 2021 Capital Program was originally submitted on May 15, 2020 and again with the proposed budget on August 11, 2020. The notice of the public hearing on the Budget and Capital Program was published September 3, 2020. Local Government Code, Section 102.007 states that at the conclusion of the public hearing, the governing body of the municipality shall take action on the proposed budget. Council must take action to postpone the final vote on the proposed budget until September 22, 2020. FUNDING SOURCE Not applicable. RECOMMENDATION Hold the Joint Public Hearing. RESOLUTION NO. WHEREAS, the proposed FY 2021 Budget was submitted to the City Council of the City of Beaumont, Texas on August 11, 2020; and, WHEREAS, the proposed FY 2021 Capital Program was originally submitted on May 15, 2020 and again with the proposed budget on August 11, 2020; and, WHEREAS, the notice of the public hearing on the FY 2021 Budget and FY 2021 Capital Program was published September 3, 2020; and, WHEREAS, Local Government Code, Section 102.007 states that at the conclusion of the public hearing, the governing body of the municipality shall take action on the proposed budget; and, WHEREAS, Chapter 26 of the Property Tax Code requires two public hearings if the proposed tax rate exceeds the lower of the effective rate or roll back rate; and, WHEREAS, since the second public hearing on the proposed tax rate is scheduled for September 22, 2020, City Council must take action to postpone the final vote on the proposed FY 2021 budget until after the second hearing on the proposed tax rate; and, WHEREAS, City Council is of the opinion that it is in the best interest of the citizens of the City of Beaumont for the City to postpone the final vote on the proposed FY 2021 budget until after the second hearing on the proposed tax rate; 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 final City Council vote to adopt the FY 2021 Budget be and hereby is postponed until September 22, 2020 after the second hearing on the proposed tax rate. The meeting at which this. resolutiori_was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of September, 2020. - Mayor Becky Ames - PUBLIC HEARING * Receive comments on the 2020 (FY 2021) proposed tax rate BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: September 15, 2020 REQUESTED ACTION: Council hold a Public Hearing on the 2020 (FY 2021) proposed tax rate. BACKGROUND Chapter 26 of the Property Tax Code requires taxing units to comply with truth -in -taxation laws in adopting their tax rate. A public hearing is required if the proposed tax rate of $0.71/$100 exceeds the lower of the no new revenue tax rate ($0.690967/$100) or the voter approval tax rate ($0.734527/$100). The proposed tax rate exceeds the no new revenue tax rate by $0.019033/$100 or 2.8%. A Notice of Proposed Tax Rate is required to be published in the newspaper, on the city website, and on a television channel, if available. The notice was posted on the cable channel 4 and in the newspaper on September 3, 2020 in addition to being posted on the website September 3, 2020. Chapter 26 of the Property Tax Code requires that the governing body announce at the public hearing the date, time, and place of the meeting at which it will vote on the proposed tax rate. It is recommended that this date be on September 22, 2020 at 1:30 p.m. in Council chambers at City Hall. FUNDING SOURCE Not applicable. RECOMMENDATION Hold a Public Hearing on the proposed tax rate. 3 September 15, 2020 Consider a resolution authorizing the City Manager to execute an agreement with the Beaumont Independent School District (BISD) regarding the School Crossing Guard Program BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: September 15, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an agreement with the Beaumont Independent School District (BISD) regarding the School Crossing Guard Program. BACKGROUND The City of Beaumont entered into an interlocal agreement (ILA) with BISD in May 2017 which required BISD to manage and administer the Program and its employees. The City agreed to provide payment for 50% of the actual cost, not to exceed $90,000 per year. This ILA was for a three year period ending on June 30, 2020. BISD is proposing that we renew the agreement with a provision that it automatically renew each year unless terminated by either party. The proposed ILA is attached for your review. FUNDING SOURCE General Fund. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Interlocal Agreement with the Beaumont Independent School District (BISD) relating to the School Crossing Guard Program. The Interlocal Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of September, 2020. - Mayor Becky Ames - INTERLOCAL AGREEMENT BETWEEN: CITY OF BEAUMONT, TEXAS & BEAUMONT INDEPENDENT SCHOOL DISTRICT This Interlocal Agreement ("the Agreement") is entered into by and between the City of Beaumont, ("City"), and the Beaumont Independent School District, ("District") (collectively referred to herein as the "Parties"), entities that are authorized to enter into interlocal agreements in accordance with Section 791.001, et. seq., of the Texas Government Code. WHEREAS, the District, currently operates a School Crossing Guard program (the "Program"), WHEREAS, the City and the District share the expense of funding the program equally, WHEREAS, the purpose of the program is to ensure students" safety as they come and go to the District's campuses using city road ways, WHEREAS, the Board of Trustees determines that student safety and student transportation are important educational and public purposes, and the program benefits these educational and public purposes; NOW THEREFORE the parties agree as follows: Article I: Purpose of the Agreement The purpose of this Agreement is to provide the terms and conditions whereby the District and the City will continue to fund the Program in accordance with the ongoing spirit of cooperation between the City and the District with regards to the sharing of resources and the mutual concern for safety; and to maximize efficiency for the benefit of the students, citizens, and taxpayers of the City. Article II: Terms of the Agreement This Agreement will be in effect for annual periods coinciding with the District's fiscal year. It will automatically renew on its effective anniversary unless terminated sooner by either party upon thirty days prior written notice or immediately upon written notice by either party if termination is due to unavailability or failure to budget funds by either party. Unless otherwise stated herein, any notice under this Agreement shall be in writing and directed to the following individuals: Interlocal Agreement Regarding School Crossing Guards: City of Beaumont & Beaumont IS Page 1 of 3 EXHIBIT "A" To City: City of Beaumont Kyle Hayes, City Manager P.O. Box 3827 Beaumont, Texas 77704 Telephone: 409-880-3725 Email: kyle.hayes@beaumonttexas.gov To District: Beaumont Independent School District Dr. Shannon Allen, Superintendent 3395 Harrison Avenue Beaumont, Texas 77706 Telephone: (409) 617-5000 Email: spier@bmtisd.com Article III: Obligation of District District agrees to provide overall management and administration of the program and its employees, including documentation to support invoices submitted to the City. District will provide training for all Crossing Guards in traffic directions as defined by the basic peace officer course curriculum established by the Commission on Law Enforcement Standards and Education. Article IV: Obligation of City The City agrees to compensate the District for half of all expenses related to the crossing guard program, not to exceed $90,000 annually. No crossing guards are eligible to collect overtime or other special pay. The City will reimburse the District via a biannual invoice. The first invoice will be submitted by January 15 and due no later than February 15. The second invoice will be submitted by June 15 and due no later than July 15. Article V: Indemnity To the extent permitted by Texas law, the parties agree to hold harmless one another and to not be liable to the other party for any and all claims, causes of action, suits, damages, including but not limited to, lost profits, special, incidental, consequential or punitive damages, whether in tort, for breach of contract, breach of warranties, express or implied, or otherwise. Neither party warrants that any duties and Interlocal Agreement Regarding School Crossing Guards: City of Beaumont & Beaumont IS Page 2 of 3 obligations performed hereunder will be without defect or interruption. The parties agree to work cooperatively and to use best efforts to execute the Program. Article VI: Venue & Applicable Law The parties agree that the venue in any legal action brought pursuant to this agreement shall lie in Jefferson County, Texas. The validity of this agreement and its terms and provisions, as well as the rights and duties of the parties, shall be governed by the law of the State of Texas. Article VII: Merger & Severability This Agreement constitutes the entire agreement between the parties with respect to the subject matter of school crossing guards, and supersedes any prior understanding or agreements, whether written or oral, between the parties with respect to the subject matter of this Agreement. No amendment, modification, or alteration of the terms of this Agreement will be binding on either party, unless the same is in writing, dated subsequent to the date of this document, and is duly executed by an authorized person acting for the party against whom enforcement is sought. Should any clause become unenforceable due to illegality, it shall be stricken and the remainder of the agreement enforceable. Article VIII: Intended Parties and Authority There shall be no third party beneficiaries with any rights whatsoever as to either party under this Agreement. Both parties acknowledge they have the legal authority to enter into this Agreement and commit to the terms herein, and the parties hereby agree to be bound by such terms. This Agreement is effective on the date of the last signature obtained below. AGREED: City of Beaumont am Kyle Hayes, City Manager Date: AGREED: Beaumont ISD Los Date: Shannon Allen, Superintendent Interlocal Agreement Regarding School Crossing Guards: City of Beaumont & Beaumont IS Page 3 of 3 C! September 15, 2020 Consider passage of an ordinance terminating the previously declared state of disaster made necessary by the imminent threat of Hurricanes Marco and Laura. Also to consider repealing Ordinance No. 20-041 which extended the adopted Emergency Powers because of the public calamity resulting from Hurricanes Marco and Laura BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone Cooper, City Attorney MEETING DATE: September 15, 2020 REQUESTED ACTION: Council consider passage of an ordinance terminating the previously declared state of disaster made necessary by the imminent threat of Hurricanes Marco and Laura. Also to consider repealing Ordinance No. 20-041 which extended the adopted Emergency Powers because of the public calamity resulting from Hurricanes Marco and Laura. BACKGROUND On August 24, 2020, the Mayor issued a proclamation declaring a local state of disaster for the City of Beaumont pursuant to Section 418.108 of the Texas Government Code due to the imminent threat to the residents of the City of Beaumont posed by Hurricanes Marco and Laura. This proclamation activated the previously adopted City Emergency Management Plan. The Plan called for prompt and effective response to a natural disaster, such as Hurricanes Marco and Laura, and the necessary emergency relief that would follow. The Mayor, as the Emergency Management Director, also adopted emergency power directives calculated to effectively control the situation in order to protect life and property of the Beaumont residents. The Council, on August 31, 2020, in a special emergency meeting, confirmed and ratified the action of the Mayor and continued in effect the previously proclaimed state of disaster. The purpose of this action is to assess the present situation and to determine whether the conditions which made the declaration of disaster necessary have sufficiently subsided to a point that the state of emergency can be terminated. If the Council is satisfied that the conditions necessitating the proclamation of a local state of disaster have ceased to exist or that the disaster has been dealt with to the extent that emergency conditions no longer exist, then the declared state of disaster should be terminated. RECOMMENDATION Administration recommends approval of an ordinance terminating the previously declared state of disaster made necessary by the imminent threat of Hurricanes Marco and Laura and repealing Ordinance No. 20-041 which extended the adopted Emergency Powers because of the public calamity resulting from Hurricanes Marco and Laura. ORDINANCE NO. ENTITLED AN ORDINANCE TERMINATING THE DECLARED STATE OF DISASTER MADE NECESSARY BY THE IMMINENT THREAT OF HURRICANES MARCO AND LAURA AND REPEALING ORDINANCE NO. 20-041 WHICH EXTENDED THE ADOPTED EMERGENCY POWERS AS AMENDED MADE NECESSARY BECAUSE OF THE PUBLIC CALAMITY RESULTING FROM HURRICANES MARCO AND LAURA. WHEREAS, on August 24, 2020, the Mayor of the City of Beaumont issued a proclamation declaring a local state of disaster in anticipation of the imminent threat that Hurricanes Marco and Laura posed upon the lives and property of the inhabitants of the City of Beaumont; and, WHEREAS, by Ordinance No. 20-040, the City Council continued in effect the declared state of disaster by the Mayor until such time as the conditions necessitating the proclamation of the local state of disaster ceased to exist; and, WHEREAS, by Ordinance No. 20-041, the City Council continued in effect the amended Emergency Powers for the City of Beaumont until terminated by Ordinance of the City Council; and, WHEREAS, the City Council for the City of Beaumont is of the opinion that the conditions made necessary for the declaration of a local state of disaster no longer exist and the local state of disaster should be terminated; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS: Section 1. THAT the City Council, as the governing body of the City of Beaumont, hereby terminates the proclamation of a local state of disaster described in the preamble above. Section 2. THAT Ordinance No. 20-041, extending the adopted Emergency Powers as amended made necessary because of the public calamity resulting from Hurricanes Marco and Laura, be and it is hereby repealed, thereby terminating the Emergency Powers. Section 3. THAT a public emergency exists requiring that this ordinance be passed formally on the date of its introduction; therefore, this ordinance shall take effect immediately upon its passage. 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 15th day of September, 2020. - Mayor Becky Ames -