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PACKET NOV 19 2013
RICH W[Tit OPPORTG SIT 'I BEA,IIMON* T • E • X • A�• S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 19, 2013 1:30 P.M. CONSENT AGENDA * Approval of minutes — November 5, 2013 * Confirmation of committee appointments A) Approve a resolution authorizing the Mayor to receive funding through the Department of Homeland Security Grant Program for equipment purchases to support fire operations B) Approve a resolution approving a contract with Insituform Technologies, LLC, of Cypress for the Karen Street Sanitary Sewer Rehabilitation Project C) Approve a resolution approving Change Order No. 4 for additional work to the Municipal Court 3`d floor renovation project D) Approve a resolution authorizing a Pipeline Crossing Agreement between Kansas City Southern Railway Company and the City of Beaumont for the South Park Relief Project E) Approve a resolution authorizing the execution of a License to Encroach Agreement with Kenneth and Deborah Clark [111EA,111�lcl rk T - E - X - A - S TO: F ItO 1tr1: PREPARED BY- Mh;1 TING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Laura Clark, Chief Financial Officer , November 19.2013 REQUESTED ACTION: Council consider a resolution authorizing, the Mayor to receive funding in the amoLult of $84,301 through the Department of Homeland Security Grant Program (I -ISGP) BACKGROUND The I lomeland Security Grant Program consists of a number- of grant programs_ one of which is the State 1 lomeland Security Program (SHSP). Beaumont was awarded $66,240 which is intended to replace seven obsolete self contained breathing apparatus (SCBA) units, and One OhsOlete Automated External Defibrilator device, as well as provide maintenance to a_r masks and severer SCBAs which will remain in inventory. An additional $18,061 was awarded to prov idc and maintenance several camera monitoring systems /devices which are needed for trctical surveillance operations. FUNDING SOURCE No match required. RECOMMENDATION Apprkwal of resolution. ,- ,f P Texas Department of Public Safety `1 k.., " 1 2013 Sub - Recipient Award for City of Beaumont 1. General Award Infgrmation Date of Award: October 28, 2013 Prepared By: Gregersen, William 3. SAA Award Number: 13 -SR 70D0 01 4. Sub-Recipient Name and Address x' t EF ",��s. 4yFedera,GraritInformatfgn,���� 16. Federal Grant Title: Homeland Security Grant Program (HSGP) State Homeland Security Program (SHSP) Manor Becky Ames Federal Grant Award Number: EMW- 2013- SS -00045 amity of Beaumont Federal Granting Agency: Department of Homeland Security FEMA P.O. Box 31,27 Grant Programs Directorate Beacmont, TX 77704 -3827 Date Federal Grant Awarded to TxDPS: September 1, 2013 CFDA: 97.067 SHSP $84,301.00 Grant Period: From: To: Sep 1, 2013 Jan 31, 2015 (The SAA must receive all invoices by the end of grant period) 7. Statutory Authority for Grant: The Department of Homeland Security Appropriations Act, 2013, (Public Law 113 -6), and the Homeland Security Act of 2002 (Public Law 107 -296), as amended by section 101 of the Implementing Recommencations of the 9/11 Commission Act of 2007 (Public Law 110 -53). S. Method of Payment: Primary method is reimbursement. 9. Debarment /Suspension Certification: The Sub - Recipient certifies that the sub - recipient and its contractors /vendors are not debarred,suspendec'., proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agency and do not have active Exclusions listed et tlttps: / /www.sam.gov /portal /public /SAM/ 10. Agency Approvals Approving TxDPS Official: Signature of TxDPS Official- Machelle Pharr Deputy Assistant Director Texas Homeland Security State Administrative Agency Texas Department of Public Safety 77 , "� e 4"- ., 11. Sub - Recipient Acceptance 5F� I have read, understood and agree to this Sub - Recipient Agreement consisting of this Award and the attached Terms and Conditions. Print name and title of Authorized .Sub- Recipient Official: I Signature of Sub - Recipient Official: Enter Employer Identification Number (EIN) or I DUNS Number: Federal Tax Identification Number: Date Signed : IDUE DATE: December 12, 2013 Signed Award with Terms and Conditions must be returned to SAA_SRA @dps.texas.gov on or before the clue date. 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 receive funding in the amount of $84,301 through the State Homeland Security Program (SHSP), $66,240 of which is to replace seven obsolete self contained breathing apparatus (SCBA) units and one obsolete Automated External Defibrilator device, as well as provide maintenance to air masks and several SCBA's which will remain in inventory and $18,061 to provide and update or repair several camera monitoring systems /devices which are needed for tactical surveillance operations. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of November, 2013. - Mayor Becky Ames - I� RTCH WITH OPPORT'UNI'I "Y r C� T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Ham J. Tohme, P.E.. City Utilities Director MEETING DATE: November 19, 2013 REQUESTED ACTION: Council consider a resolution approving a contract for the Karen Street Sanitary Sewer Rehabilitation Project with Insituform Technologies, LLC, of Cypress. Texas in the amount of $55,996.50. BACKGROUND The City Council approved a contract with Brystar Contracting, Inc., on October 18, 2011, in the amount of $1,644,323.00. The contract was to rehabilitate existing sanitary sewer lines and manholes in various parts of the city. During the course of construction, it was discovered that the line serving the customers from 1710 to 1890 Karen Lane could not be rehabilitated by pipebursting methods due to the physical constraints of improvements built on or near the existing sanitary sewer line without causing damage to those improvements. Insituform Technologies, LLC, has a patented system that installs a cured -in -place pipe (CIPP) that will eliminate water infiltration into the sanitary sewer system, restore the structural integrity of the existing pipe, and increase the flow capacity of the existing pipe. The proposed contract will furnish all labor, materials, equipment, and services necessary to reconstruct the existing 6 -inch and 8 -inch sanitary sewer lines and reconnect eleven (I 1) services. The proposal includes mobilization, cleaning and televising 970 LF of existing 6 -inch and 428 LF of existing 8 -inch sanitary sewer lines, installation of 970 LF of 6 -inch cured -in -place pipe, installation of 428 LF of 8 -inch cured -in -place pipe, reconnection of eleven (11) services, and conduct 1,398 LF of post- construction television inspection. Pricing was obtained through the Texas Association of School Boards (BuyBoard) Contract No. 354 -10. BuyBoard is a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized services at volume pricing. BuyBoard complies with State of Texas procurement statutes. Karen Lane Sanitary Sewer Rehabilitation November 19, 2013 Page 2 of 2 FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. (6) Insituf+orm November 4, 2013 Beaumont, City of 1350 Langham Road Beaumont, TX 77707 Attn: Molly Villarreal Sent by email to: mvillarreal @ci.beaumont.tx.us 11702 -B Grant Road, Suite 127 Cypress, TX 77429 Phone: 281-467-2865 Fax: 866 - 575 -8422 REVISED Proposal Project Name: Beaumont, TX * Karen Street * 2013 Sanitary Sewer Rehabilitation Project INSITUFORM TECHNOLOGIES, LLC. herein proposes to furnish a proposal for all labor, materials, equipment, and services necessary to reconstruct the referenced project utilizing the Texas Statewide Cooperative Purchasing Contract administered through the Buy Board Contract No.354 -10. ASSUMPTIONS AND QUALIFICATIONS The City of Beaumont, TX will provide all necessary access to manholes, permits, and water for cleaning, televising and CIPP installation. . PROPOSAL PRICING Beaumont TX Karen St PROPOSAL INCLUSIONS The prices stated in this proposal include: 1. Mobilization and Demobilization 2. Bypass Pumping 3. CCTV 4. Post TV 5. Internal reconnects 6. Confined space safe entry practices 7. Standard Insurance PROPOSAL EXCLUSIONS trit of 4leasure Per Bid Quantin Bid Item per Do:- _ Des_ *iaon Bid Price Total Trw,el and Xlobilization- CCTV ere. °, E S uuj ja 1001300 6" Clean and T' I F 0_0 S :_4 S ? -66 "'z0 " Clean and 1`1- LF - 1 "" 00 Tra; el and iobilization- CIPP Crev. EA S .7 jn 00 S ___00000 6" `nnn ; F -� °i S v 00 5 _..1= n 00 6 _ 6 Dann LF S .5 0`I S 91" 00 " 6" - 1:" CIPP Serup Charge F S °)'I 5 6.990 00 Internal reconnect: EA S _0 ,n: S 1.6.0 00 9 6" - 1.:" Fo t `•� in,pection F ;9s S 5 :95 00 S `5996.50 PROPOSAL INCLUSIONS The prices stated in this proposal include: 1. Mobilization and Demobilization 2. Bypass Pumping 3. CCTV 4. Post TV 5. Internal reconnects 6. Confined space safe entry practices 7. Standard Insurance PROPOSAL EXCLUSIONS lnsituform® Proposal: Beaumont, TX " Karen Street' 2013 Sanitary Sewer Rehabilitation Project Not included in the prices stated in this estimate are costs associated with the items listed below. These items, if needed or found to be applicable, would be provided by INSITUFORM TECHNOLOGIES, LLC. at your additional cost; or would be furnished by others, at your direction, at no cost to INSITUFORM TECHNOLOGIES, LLC.: 1. If any hazardous or toxic materials are encountered during the project, the Owner will be responsible for the removal and disposal of the materials. 2. Legal dumpsite for debris resulting from pipe cleaning. 3. TxDOT Traffic; Control Plan & Permit 4. Project permits and /or local licenses. 5. State and local sales and /or use taxes on the value of the project. 6. Additional premiums for special insurance coverage(s) particular to this project. 7. Performance and Payment Bond not included. This is available upon request, but if required please add 2.5% to the total project cost. PROPOSAL TERMS AND CONDITIONS a) Limits Of Liability. In Consideration Of INSITUFORM TECHNOLOGIES, LLC.'s agreement to maintain no less than $5,000,000 of comprehensive general liability insurance in the form required by the Contract. b) LIMITED WARRANTY. IN LIEU OF ALL OTHER EXPRESSED, IMPLIED AND /OR STATUTORY. WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, CONTRACTOR AGREES TO CORRECT ANY DEFECTS IN THE MATERIALS OR SERVICES PROVIDED BY CONTRACTOR WHICH ARE BROUGHT TO THE ATTENTION OF CONTRACTOR WITHIN ONE YEAR FOLLOWING COMPLETION OF CONTRACTOR'S WORK, PROVIDED OWNER AFFORDS CONTRACTOR SUITABLE ACCESS AND WORKING CONDITIONS TO ACCOMPLISH SUCH CORRECTION. c) PROPOSAL SUBJECT TO NEGOTIATION OF OTHER STANDARD TERMS OF AGREEMENT. This proposal is subject to agreement of the parties on other terms and conditions as are customary. d) Quantities are estimated. Unit prices apply for actual invoice and payment. e) Payments are due at net within 30 days of invoice. Final payment is due within 30 days of completion. f) Monthly progress partial payments may be requested for the value of work in progress or completed, including materials secured and on site. g) Prices stated are in effect for thirty days from the date of this proposal. The acceptance period may be extended at the sole Option Of INSITUFORM TECHNOLOGIES, LLC. h) Conflicts. In case of conflict between the provision of the aforesaid paragraphs and any other provision in the Contract as ultimately executed the provisions as set forth above shall govern and prevail. OFFERED BY INSITUFORM TECHNOLOGIES, LLC L �- �Y C .TERRY L. BROWN, BUSINESS DEVELOPMENT MANAGER ACCEPTED CITY OF BEAUMONT, TX Reviewed and approved on 11/4/13 by: Andy Ozment, Area Manager _--Nl VN'-- W U-) SW, Ln < < Q Z C) 0 O T 069t, o CIOOM)IVDI Ul) 31 7 oz LU UZ Lo, I Oc Goom,dvq (,n < WZ l N 'O 91 NI G00MIIDC1 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of a contract to Insituform Technologies, LLC, of Cypress, Texas, in the amount of $55,996.50 through the Texas Association of School Boards (BuyBoard) Cooperative Purchasing Program to furnish all labor, materials, equipment, and services necessary to reconstruct the existing 6 -inch and 8 -inch sanitary sewer lines and reconnect eleven (11) services related to the Karen Lane Sanitary Sewer Rehabilitation Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Insituform Technologies, LLC, of Cypress, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of November, 2013. - Mayor Becky Ames - C RICH WITH OPPORTUNITY r rk T - E - X - A - S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Patrick Donart, Public Works Director November 19, 2013 REQUESTED ACTION: Council consider a resolution approving Change Order No. 4 in the amount of $12,745.70 for additional work to the Municipal Court T' floor renovation project. BACKGROUND A contract, in the amount of $1,124,900, was awarded to Goss Building, Inc. in May 2013 for renovating the 3`d floor of the Municipal Court building. During the renovation, areas were discovered that required modification prior to the completion of the project. Change Order No. 4 in the amount of $12,745.70 includes relocating conduit and the fire alarm to the penthouse to meet current code requirements, construction of a closet for the 9 -1 -1 cables and data connections, and encapsulating a vault wall to prevent exposure to asbestos containing material. Change Order No. 1 in the amount of $9,877.57, Change Order No. 2 in the amount of $7,939.80 and Change Order No. 3 in the amount of $24,320.87 were previously approved. These costs were deducted from the contingency allowance of $33,300 increasing the contract amount to $1,133,738.24. Change Order No. 4 will increase the contract amount to $1,146,483.94 or by approximately 1 %. A request for fourteen additional days to complete the project is included in this change order. The project is expected to be substantially complete by December 12, 2013. FUNDING SOURCE Department of Homeland Security Port Security Grant for FY2010 and 2012. RECOMMENDATION Approval of resolution. CHANGE ORDER Distribution to: Owner E Contractor Architect ® Field Consultants 11 Other PROJECT: EOC & Emergency Shelter (name, address) 3" Floor Municipal Courthouse Beaumont TX 77701 TO (Contractor) : Goss Building, Inc. P.O. Box 21537 Beaumont, TX 77720 MILTON BELL ASSOCIATES, Inc. 595 Orleans, Suite 711 Beaumont, Texas 77701 ® Tel: 409/838 -5378 Fax: 409/838 -5017 You are directed to make the following changes in this Contract: CHANGE ORDER NO: Four (4) INITIATION DATE: Nov. 11, 2013 ARCHITECT'S PROJECT NO: 1 101 CONTRACT FOR: General Construction CONTRACT DATE: 13 June 2013 1. Relocate conduit and conductors for fire alarm and elevator security ADD $ 3,627.80 from passage 9319 to elevator penthouse. 2. Install gyp board furring on metal studs over damaged plaster and ADD $ 5,718.90 masonry walls and columns to a minimum 10' AFF in Record Storage Room # 313. Gyp board to be textured and painted as typical room finish in lieu of filled and enamel painted masonry specified. 3. Construct new closet of metal studs and gyp board as noted on ADD $ 3,399.00 drawing SK -3, dated 16 /OCT /13. Closet to enclose antenna cables, panel & communication equipment at column M -3. ADD $12,745.70 Not Valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. The original (Contract Sum) was ........ ............................... $ 1,124,900.00 Net change by previously authorized Change Orders ........................ ..............................$ 8,838.24 The (Contract Sum) prior to this Change Order was ...................$ 1,133,738.24 The (Contract Sum) will be (increased) (deeremed) 4god) by this Change Order ............................................. ..............................$ 12,745.70 The new (Contract Sum) including this Change Order will be ..... $ 1,146,483.94 The Contract Time will be (increased) by (14) Days The Date of Substantial Completion as of the date of this Change Order therefore is December 12, 2013. Authorized: Milton Bell Associates, Inc. Goss Building, Inc. City of Beaumont CONTRACTOR OWNER 595 Orleans, Suite 711 i' 1 FAA DATE 11 -11 -2013 P.O. Box 21537 P.O. Box 3827 Address Beaumont TX 77704 BY DATE RESOLUTION NO. WHEREAS, on May 14, 2013, the City Council of the City of Beaumont, Texas passed Resolution No. 13 -110 awarding a contract in the amount of $1,124,900 to Goss Building, Inc., of Beaumont, Texas, for the Municipal Court and EOC Building Third Floor Renovation Project; and, WHEREAS, a contingency allowance in the amount of $33,300 was included in the above noted contract; and, WHEREAS, on August 15, 2013, the City Manager executed Change Order No. 1, in the amount of $9,877.57 to clean water damage from unforeseen pipe damage in the fire protection sprinkler system and additional work to provide code compliant fire protection sprinkler system upgrades to the facility, thereby decreasing the contingency allowance to $23,422.43 and having no affect on the total contract amount of $1,124,900; and, WHEREAS, on August 27, 2013, the City Manager executed Change Order No. 2, in the amount of $7,939.80 to provide and install an 8 inch backflow preventer and to replace an 8 inch pipe with a steel band sleeve in accordance with State of Texas regulations, thereby decreasing the contingency allowance to $15,482.63 and having no affect on the total contract amount of $1,124,900; and, WHEREAS, on October 15, 2013, the City Council of the City of Beaumont, Texas passed Resolution No. 13 -229 approving Change Order No. 3 in the amount of $24,320.87 to relocate duct work, furnish and install partitions and doors, install panic hardware and metal stud framing and drywall on all exposed masonry walls and partitions in the toilet /shower areas. Contingency allowances in the amount of $15,482.63 have been applied to the total cost of $24,320.87, thereby resulting in a change of a net amount of $8,838.24, increasing the contract amount to $1,133,738.24, and, WHEREAS, Change Order No. 4, in the amount of $12,745.70, is required to relocate conduit and conductors for fire alarm and elevator security, install gyp board furring and to construct a new closet to enclose antenna cables, panel & communication equipment, thereby increasing the contract amount to $1,146,483.94; 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. 4 for additional work described above, thereby increasing the contract amount by $12,745.70 for a total contract amount of $1,146,483.94 for the Municipal Court and EOC Building Third Floor Renovation Project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of November, 2013. - Mayor Becky Ames - 71 � HIC H WITH OPPORTUNITY Im r In T . E . X . A . S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: November 19, 2013 REQUESTED ACTION: Council consider a resolution authorizing a Pipeline Crossing Agreement between Kansas City Southern Railway Company and the City of Beaumont for the South Park Relief Project. BACKGROUND The City of Beaumont has requested permission to install drainage pipes on the Railroad's property as part of the South Park Relief Project. This Agreement allows for the installation of two 72 -inch steel drainage pipes across Kansas City Southern Railway Company property. There is a one -time fee of $9,375.00 payable to Kansas City Southern Railway Company under the Agreement. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Pipe Line Crossing Contract, substantially in the form attached hereto as Exhibit "A," with The Kansas City Southern Railway Company to provide access to install two 72 -inch steel drainage pipes across The Kansas City Southern Railway Company property in accordance with the Railroad Company requirements related to the South Park Relief Project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of November, 2013. - Mayor Becky Ames - JLL Reference No. 12 -1576 PIPELINE CROSSING CONTRACT (KCS Contract No. THIS AGREEMENT is entered into this 51' day of November, 2013 by and between THE KANSAS CITY SOUTHERN RAILWAY COMPANY, a Missouri corporation, called herein "Licensor ", and THE CITY OF BEAUMONT, TEXAS, to be addressed at P. O. Box 3827, Beaumont, Texas 77704, called herein "Licensee ". 1. Licensor, without any warranty or guarantee of suitability of the premises for Licensee's or any other purpose, hereby permits Licensee a license to construct, maintain, operate, use and remove two (2) proposed storm water pipelines under Licensor's tracks and right -of -way at Mile Post K- 769.22 (Beaumont Subdivision) at or near Beaumont (Jefferson County), Texas, the course of the pipelines being described as follows: As indicated on print of drawing no. 12 -1576 dated 07 -19 -2013 and approved 08 -09 -2013, marked Exhibit "A ", attached hereto and incorporated herein by reference. The rights granted under this Agreement are subject to all outstanding superior rights whether or not of record (including those in favor of licensees and lessees of Licensor's property, and others) and the right of Licensor to renew and extend the same, and is made without covenant of title, or for quiet enjoyment. Licensor does not warrant title and Licensee accepts the rights granted herein and shall make no claim against Licensor for deficiency of title. Licensee acknowledges that the Licensor's interest in the right -of -way varies from segment to segment and may include lesser interests than fee title. Licensee shall, at Licensee's sole cost and expense, obtain any and all necessary rights and consents from parties other than Licensor which may have or claim any right, title or interest in the property upon which the Licensor's right -of -way is located. 2. The carrier pipe shall consist of two (2) 214' (180' on Licensors right -of -way) x 72" steel having a minimum wall thickness of 1" and a minimum yield point of 35,000 PSI. Licensee expressly agrees that its under -track installation shall be by dry bore and jack method and that no boring or excavation shall occur within Licensor's right -of -way, nor shall any boring occur in the track embankment. The angle of the pipelines crossing beneath Licensor's property and tracks shall be no less than 45 °. Construction, maintenance, operation, use and removal of the pipelines shall not endanger the safety or condition of Licensor's property in any way, or the operation of trains or cars, and the pipelines shall be laid at a minimum depth of 13.88' below the bottom of Licenser's base of rail and at a minimum depth of 7.31' below ground level at all other points on the right -of -way. Excavations made on Licensor's property shall be promptly refilled by Licensee, the earth well tamped, and the ground left in the same condition as before laying of the pipelines. The pipelines shall be maintained so as to prevent the escape of its contents being conveyed. Connections or valves shall not be placed in the pipelines nearer than forty feet (40') from the center of Licensor's nearest track. Further, the pipelines and its operation and use, shall comply with any and all applicable governmental laws, rules, and regulations. The parties hereby incorporate the requirements of 41 C.F.R. §§ 60- 1.4(a) (7), 60- 250.5, 60- 741.5, and 29 C.F. R. part 470, relating to equal employment opportunity, if applicable. If required by Licensor, gates and check valves shall be placed in convenient locations. Licensee agrees that no hydrostatic pressure testing shall be allowed unless the carrier pipe has been encased in a steel casing meeting Licensor and AREMA specifications. Construction, maintenance, operation, use and removal of the pipelines shall not endanger the safety or condition of Licensor's employees or properly in any way, or the operation of trains or cars. The location of the pipelines shall be marked, with markers maintained and plainly visible at the right -of -way lines. 3. Licensee shall promptly make necessary repairs to the pipelines, and, in the event of Licensee's failure to do so, repairs may be made by Licensor at Licensee's expense, which cost Licensee expressly agrees to pay upon presentation of the bill. - Page 1 of 4 - EXFilBIT "A" JLL Reference No. 12 -1576 Should Licensor at any time decide a change in the location or other changes in the pipelines are desirable, Licensee will at its cost make the changes at Licensor's request and, upon the failure of Licensee to do so, Licensor may make such changes at Licensee's expense, which expense Licensee expressly agrees to pay upon receipt of the bill. 4. It shall be the exclusive duty and responsibility of Licensee to inspect the property subject to this Agreement to make sure that it is safe for the entry of its employees, agents and contractors. Licensee shall advise all of its employees, agents and contractors entering the property of any, safety hazards on the property, including, without limitation, the presence of moving vehicles, buried cables, tripping hazards and overhead wires. Licensee shall instruct all of its employees, agents and contractors entering the property that all persons, equipment and supplies must maintain a distance of at least twenty-five feet (25') from the centerline of the track unless authorized by the on -site railroad flagman to be closer than twenty-five feet (25'). Licensee shall ensure that no personnel, equipment or supplies under its control are within the clearance point of the track when moving railroad equipment may be seen from or heard at the property subject to this Agreement. Finally, Licensee shall adopt, publish and enforce safety rules for its employees, agents and contractors that will be on Licensor's right of way consistent with the requirements of this Section. 5. Rights herein granted are personal and may not be assigned without Licensor's written consent. The provisions of this Agreement shall be binding upon the successors and permitted assigns of both parties. 6. Upon termination of this Agreement, Licensee shall immediately remove the pipelines from the property of Licensor and restore the property to its original state. Upon failure of Licensee to remove the pipelines and restore the property to its original state, Licensor may remove it and restore the property to its original state at Licensee's expense, which cost and expense Licensee agrees to pay. 7. Licensee shall not enter nor commence construction on or under Licensor's property or right -of -way unless accompanied by a qualified construction observer and flagger to oversee Licensee's work on Licensor's property or right -of- way. Licensee will be responsible for all construction observer, flagging and mobilization costs, herein referred to as "Services ", and arranging for these necessary Services associated with the installation. To enable arrangements to oversee for these Services that are to be performed under this Agreement, Licensee must submit a written scheduling request to Licensor's Scheduling Agent, hereinafter referred to as "Scheduling Agent ", which request is received by the Scheduling Agent for approved Licensor qualified construction observer and flagging contractor a minimum of thirty (30) Business Days in advance before Licensee proposes to commence work on or under Licensors property or right -of -way. (A "Business Day" is any day Monday through Friday which is neither a federal holiday nor a state holiday at the address of Licensor's scheduling agent stated below.) The request must contain Licensee's name, the date of this Agreement, the location of the work to be performed, and how many consecutive Business Days will be required for Licensee to complete the work. Licensee's written request must be delivered to Scheduling Agent at the following location: Mr. Thomas Faulkner Bartlett & West, Inc. 4500 Mercantile Plaza Drive, Suite 301 Fort Worth, Texas 76137 Direct Line: (817) 840 -1562 Cell: (785) 215 -2011 Fax: (682) 647 -1726 Email: thomas.faulkner(a bartwest.com Licensee will, upon receipt of an invoice from Scheduling Agent specifying in reasonable detail Scheduling Agent's costs and expenses of providing these Services, reimburse Scheduling Agent for all of their costs and expenses of providing an inspection, flagging and mobilization prior to installation. Licensor's designation of a company or individual as a "qualified" flagger or flagger provider, or Scheduling Agent, shall be construed solely as Licensor's willingness to allow said individual or entity to provide Services on Licensor's property or right -of -way without further proof of qualification, and shall not be construed as an endorsement or other verification of the abilities or qualifications of said Scheduling Agent by Licensor. All flaggers or Scheduling Agents - Page 2of4- JLL Reference No. 12 -1576 provided herein shall be treated solely as independent contractors of Licensee, with no relationship to Licensor, for all purposes herein. Licensee and its agents, employees and contractors will clear the tracks when directed to do so by the flagger. The presence of the flagger will not relieve Licensee of its duty to keep all of its agents, employees and contractors clear of the tracks when trains are in dangerous proximity to the licensed area. The actions or inactions of the flagger shall be construed for all purposes herein as the actions or inactions of the Licensee, and shall be governed by Licensee's duties of indemnification, and saving harmless under Section 3 of this Agreement. If Licensee's scheduling request fails to reach Scheduling Agent at least thirty (30) Business Days before Licensee's proposed commencement of work, Licensor may refuse to allow commencement of the work on the Licensee's proposed commencement date._ If Licensor will not allow the work to proceed on Licensee's proposed commencement date because the scheduling request did not reach Scheduling Agent in time, Licensor will inform Licensee of this fact as promptly as possible and work with Licensee to arrange an alternative commencement date for the work. The construction observer and flagger will remain at the site on a reasonably continuous basis to oversee the work, and charges will accrue for each day spent awaiting the completion of the work and the installation of appropriate signs marking where Licensee's facilities enter and leave Licensor's property and right -of -way. If installation takes longer than contracted for with Scheduling Agent, Licensee will, upon receipt of an invoice from Scheduling Agent specifying in reasonable detail Scheduling Agent's costs and expenses of providing the inspection, flagging and mobilization, reimburse Scheduling Agent for all of Scheduling Agent's costs and expenses of providing an inspector, flagger and mobilization. Once Licensee has submitted its scheduling request to Scheduling Agent, should Licensee require a change to the scheduled date, Licensee shall provide Scheduling Agent at least two (2) Business Days' notice prior to the requested start date of the work. If Licensee fails to provide two (2) Business Days' notice of the change, Licensee shall be charged, and agrees to pay, the daily rate, and any travel costs actually incurred, for the construction observer, flagging and mobilization for one (1) day. 8. Licensee agrees to pay to Licensor for the use of Licensor's right -of -way and the privilege hereby granted such use and privilege being expressly limited to the facilities described in Section l above, the one -time sum of NINE THOUSAND THREE HUNDRED SEVENTY FIVE AND NO /100 DOLLARS ($9,375.00), due upon execution of this Agreement. 9. The term of this Agreement shall be for a period of 10 years, beginning on the date first written above, and will automatically renew at the end of the initial 10 -year term for additional 1 year periods until cancelled by either party upon 30 days advance notice. Notwithstanding the above, either party may terminate this Agreement at any time upon 30 days written notice. 10. Environmental Protection: Licensee shall not permit hazardous waste, hazardous substances or hazardous materials (as those terms are defined in any federal, state or local law, rule, regulation or ordinance) on or in the area covered by this Agreement without the written consent of Licensor. Licensee shall at all times keep the area covered by this Agreement in a safe, clean and sanitary condition, and shall not mutilate, damage, misuse, alter or permit waste therein. Should any discharge, leakage, spillage or emission of any hazardous waste, hazardous substance or hazardous material or pollution of any kind occur upon, in, into, under or from the area covered by this Agreement due to Licensee's use and occupancy thereof, Licensee, at its sole cost and expense, shall clean all property affept A thereby, to t satisfaction of Licensor and any governmental body having jurisdiction there over. p+ 1 iK (>�► ON Licensee shall comply with all applicable ordinances, rules, regulations, requirements and laws whatsoever including (by wa of illustration only and not by way of limitation) any governmental authority or court controlling environmental standards and conditions on the premises and shall furnish satisfactory evidence of such compliance upon request by Licensor. 11. So long as this Agreement is in effect Licensee agrees to maintain comprehensive general liability and - Page 3 of 4 - JLL Reference No. 12 -1576 contractual liability insurance with minimum limits of two million dollars ($2,000,000.00) per occurrence, four million dollars ($4,000,000.00) aggregate. Licensee shall provide automobile liability coverage in the amount of one million dollars ($1,000,000.00) combined single limit. In addition, Licensee shall provide or require minimum statutory worker's compensation coverage for all covered employees who are on Licensor's property. Licensee must also provide a Railroad Protective Liability Insurance policy naming the Licensor as the Named Insured with coverage limits of at least two million dollars ($2,000,000.00) per occurrence and six million dollars ($6,000,000.00) aggregate. The original Railroad Protective Liability policy shall be promptly furnished to Licensor. Each policy must be issued by financially reputable insurers licensed to do business in all jurisdictions where work is performed during the term of the Agreement. A certificate of insurance will be provided to Licensor by Licensee, reasonably satisfactory to Licensor in form and content, evidencing that all required coverage is in force and have been endorsed to provide that no policy will be canceled or materially altered without first giving the Licensor thirty (30) day's prior written notice. Commercial general liability policy will name Licensor as an additional insured and, to the fullest extent allowed under law, will contain a waiver of subrogation in favor of Licensor. All policies will be primary to any insurance or self - insurance the Licensor may maintain for acts or omissions of Licensee or anyone for whom Licensee is responsible. Any deductible or self - insured retention on the required insurance shall be the responsibility of Licensee. Licensee will include copies of relevant endorsements or policy provisions with the required certificate of insurance. Nothing contained in this Section limits Licensee liability to the Licensor to the limits of insurance certified or carried by Licensee. If Licensee utilizes subcontractors in performance of this Agreement, the subcontractors must meet the insurance requirements as the Licensee. Licensee is self - insured. If a subcontractor does not meet the coverage requirements of this Section, subcontractor must either supplement the deficient areas of coverage or Licensee must certify that Licensee has acquired sufficient coverage to supplement the deficiency of subcontractor. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate by their authorized representatives as of the date first above written. THE KANSAS CITY SOUTHERN RAILWAY COMPANY By: Srikanth Honnur, P.E. Title: Track and Bridge Construction Director Date: THE CITY OF BEAUMONT, TX By: Title: Date: - Page 4of4- E A U t] ON T. T f X A$ City of Beaumont November 6, 2013 The Kansas City Southern Railway Company TO WHOM IT MAY CONCERN: The City of Beaumont is currently self-insured for all lines of coverage normally made available under the Texas Business Auto Policy. Comprehensive and collision accidents are paid as normal operating expenses. The City has a self-insured trust fund from which it pays all auto and general liability claims. These claims are paid from our Liability Trust Fund, which currently has an unaudited balance of $1.9 million as of October 17, 2013. The City currently purchases insurance for real and personal property. All real and personal property are protected by all risk type coverage including flood. Real and personal property are subject to a $50,000 deductible. If we can be of further assistance to you or provide you with additional information, please do not hesitate to contact us. MM-rw Very truly yours, Matthew Martin, AIC, ARM Liability Administrator Legal Department • (409) 880,3715 • Fax (409) 880-3121 P.O. Box 3827 • Beaumont, Texas 77704,3827 RICH WITH OPPORTUNITY r I rL "( T E • X • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: November 19, 2013 REQUESTED ACTION: Council consider a resolution authorizing the execution of a License to Encroach Agreement with Kenneth and Deborah Clark. BACKGROUND There is an existing structure located at 5520 Gladys Avenue encroaching into a fifteen foot (15') utility easement in Lot 7, Block 9 of the Tanglewood Addition. The structure encroaches 11.66'. The request from Kenneth and Deborah Clark, the owners of the structure, was submitted to all city departments and utility companies with no response from Centerpoint Energy. The City Utilities Department approved the license to encroach with the following conditions: The City of Beaumont will not be responsible for any damage to the structures if the sanitary sewer line should ever develop a cavity or due to any repairs to the City main by City crews. The City of Beaumont shall not be responsible for the repair and replacement of any paving or other structures within the Easement property. The License Agreement protects the City from liability and provides a thirty (30) day cancellation clause. FUNDING SOURCE There is a one time non- refundable fee of $500 from Kenneth and Deborah Clark for the License to Encroach. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, Kenneth and Deborah Clark have requested that the City of Beaumont grant a License to Encroach into one (1) fifteen foot (15') utility easement at 5520 Gladys Avenue, which is described as being in Lot 7, Block 9 of the Tanglewood Addition, to the City of Beaumont. The encroachment being one (1) existing structure overlapping 11.66' in the 15' utility easement as described in Exhibit "A" and shown in Exhibit "B," attached hereto and made a part hereof for all purposes; and, WHEREAS, City staff has expended considerable time and effort in investigating the effect of such encroachment upon the City easement and utilities therein; and, time; WHEREAS, it appears that it would be equitable to allow such encroachment at this 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 a License to Encroach with Kenneth and Deborah Clark to encroach into one (1) fifteen foot (15') utility easement at 5520 Gladys Avenue, which is described as being in Lot 7, Block 9 of the Tanglewood Addition, to the City of Beaumont. The encroachment being one (1) existing structure overlapping 11.66' into the 15' utility easement, as described in Exhibit "A" and shown in Exhibit "B," attached hereto and made a part hereof for all purposes for a one -time fee of Five Hundred Dollars ($500.00) for the License to Encroach. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of November, 2013. - Mayor Becky Ames- LICENSE TO ENCROACH STATE OF TEXAS X ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X On the date last indicated below, the City of Beaumont, a municipal corporation, of Beaumont, Jefferson County, Texas, herein called "Licensor" and Kenneth and Deborah Clark, owner, hereinafter called "Licensee ", contracted and agreed as set forth herein. Licensee desires a license from Licensor to use that real property (the subject of this license agreement) described as follows: Said encroachment being a structure overlapping unto a 15' (fifteen foot) utility easement by 11.66' on Lot 7, Block 9, Tanglewood Addition (5520 Gladys Avenue). Said encroachment is shown on Exhibit "A ", attached. Subject property may continue to be occupied and used by Licensee solely in connection with the existing structures and for incidental purposes related thereto during the term of this license or until termination thereof. Said license shall terminate upon removal or demolition of said encroachment. Substantial improvements shall not be made upon any encroachment without first obtaining the written consent of Licensor and giving notice to Licensor in writing of how, when and to what extent such improvements are to be made. A copy of this license shall be attached to such notice. Substantial improvement means any repair, construction, or improvement of a structure, the cost of which equals or exceeds twenty -five percent (25 %) of the market value of the structure either: (1) before the improvement or repair is started; or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any portion of the structure commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any projects or improvements of a structure to comply with existing, state or local health, sanitary, or safety code specifications which are solely necessary to protect the health, safety and welfare of the public, inhabitants, or users of such structure. In the event the City of Beaumont, by resolution of the City Council, determines it needs the subject property, or any part thereof, for the benefit of the City or to protect the health, safety or welfare of the public, and it terminates this license or any part thereof, Licensee shall not receive any compensation and the City of Beaumont shall not be liable therefore, whether for the value of property taken, damage to the abutting or remaining property or improvement, loss of business or profit, loss of access, or otherwise. Page I of'4 EXf -IIBIT "A" Licensee shall at all times indemnify and hold harmless Licensor and any franchised entity of licensor against, and pay in full, for all claims, losses, damages, law suits, attorney's fees, costs, judgments or expenses, that Licensor and any franchised entity of Licensor may sustain, incur, be required to pay or become liable for, resulting in any manner from the construction, maintenance, use, state of repair, or presence of such encroaching structure. Licensor, and any franchised entity of Licensor, reserves the right to make improvements, perform maintenance and construction to the right -of -way or premises covered by this license where such is deemed necessary for the health, welfare and safety of the community. In doing so, Licensor and any franchised entity of Licensor shall not be liable to Licensee for any damage occasioned thereby and Licensee shall not be entitled to prosecute or maintain a claim against such parties for any such damage sustained by Licensee to said encroaching structure or any abutting or attached structures, improvements or land caused by the removal or alteration of any encroachment. In addition, Licensee shall reimburse Licensor and any franchised entity of Licensor any additional costs resulting from the encroachment. Licensor will not be responsible for any damages to the structures if the sanitary sewer line or the storm sewer should ever develop a cavity or due to any repairs to the Licensor main by Licensor crews. The Licensor shall not be responsible for the repair and replacement of any paving or other structures within the Easement property. Licensee shall not permit trees, shrubs, plants, or any object to be placed on the subject property in such a manner as to obstruct the view of traffic. In addition, Licensor will not be responsible for any damages to the structure if the sewer main should ever develop a cavity or due to any repairs to the Licensor main by Licensor crews. As part of the consideration for this agreement, Licensee shall pay to Licensor the sum of Five Hundred Dollars ($500.00). Said sum being non - refundable. This license shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less than thirty (30) days prior to the termination date, therein specified, and shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This license is neither assignable nor transferable except in conjunction with, and as part of, Licensee's conveyance of all the abutting property this license serves, through probate or warranty deed or lease. In any such event, Licensor shall be notified of such occurrence by being delivered a copy of the document or documents conveying or leasing the same. Page 2 of 4 Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the Office of the City Engineer, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Any notice to Licensee or their successors shall be sufficient if mailed or hand delivered to Property Owner at 5520 Gladys Avenue., Beaumont, Texas 77706. IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the day of __ 12013. LICENSOR: LICENSEE: CITY OF BEAUMONT in an KYLE HAYES KENNETH CLARK CITY MANAGER In DEBORAH CLARK Page 3 of 4 ACKNOWLEDGMENTS STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of , 2013, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument: was acknowledged before me on the day of , 2013, by KENNETH CLARK. Notary Public, State of Texas STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of 2013, by DEBORAH CLARK. RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, Texas 77704 Notary Public, State of Texas Page 4 of 4 THIS SURVEY WAS PERFORMED FND ARC LLNUIM RAUIUs WITHOUT BENEFIT OF CURRENT FAD Cl 71.38 407.06 CALL C1 71.16 407.06 TITLE COMMITMENT 15' UTILITY EASEMENT — — — - — — BOUNDARY SURVEY ONLY, Development. EASEMENTS, IF ANY, NOT Community No.: 485457 Panel No.: 0035 C RESEARCHED OR SHOWN, 60' DRAINAGE EASEMENT WITH THE EXCEPTION OF PER PLAT THOSE PLATTED. V (CALL N88' 10'00 "E 100.00') (CALL N88' 10'00 E 100.01 ') "E FND N8814'56 "E 99.94 a FND N88 °14'56 99. ,,,--5' PER PLAT FND 5/8" oHF �oHE eHE oHC oHE - -- oHE- of Mark W. Whiteley & Associates, Inc. and is not to be used. reproduced, 1. ROD CALC. copied or distributed in whole or part w3hout the written nufhoriration of EXHIBIT BLOCK 9 -FENCE IS ON PROP. LINE CALC. (CALL N88' 10'00 "E 100.01) CORNER FND N88'14'56 "E 99.94' ci Vol 6 35' BLDGT. SETBACK LOT PER PLAT FND SCRIBED X FND 516" CALC. IN CONC. I Rnn rnauca FND S88'44'30"W 100.05' (CALL S88'44'30 *W 100.00') REFERENCE BEARING PER PLAT S88 044'30 "W 29.19' LL S88'44'30"W 29.19') (80' R.O.W.) TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY.• CHE —rtvv .A /, I. ROD 2.22' W it pX W Jam ? ozc�WO4� rh=� m o_3m >o;m o� Z Wo�mao �0 2 OYWpOW wN 6" W N W JILIZ �O Z Wa02p U� n2 ¢ CL Vl�Oton� W W a¢ +-y lac U O X Q 2�1-W mVpWiNpWIZ- Q� p L_7" W Li W OU W >� Z W3U2 W � O J a L" I_ W o kE -�zOp= W toW voipU) pw'... VI'O Z< W W to tii vi o Z 232� u WEWiOd� =a1 WW =O OWW m ~� O Vf- Z3 6- :ONi R¢ ocno�i 8 FND CONC. LOT 5520 GLADYS AVENUE BEAUMONT, TEXAS 77706 Lot Number Seven (7) in Block Number Nine (9) 1 THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY of TANGLEWOOD ADDITION to the City of MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED Beaumont, Jefferson County, Texas, as the some HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME appears upon the map or plat thereof, on file OF THE SURVEY. and of record in Vol. 10 page 55, Map Records DATE SURVEYED: NOVEMBER i, 2013 of Jefferson County, Texas. Owner: Kenneth Ray Clark and Deborah Aldrich Clark CORNER OF 71F In accordance with the Flood Hazard Boundary 3.33' 15' UTILITY EASEMENT — — — - — — Development. PER PLAT I Community No.: 485457 Panel No.: 0035 C Tu( ' WOOD & FRAME - oj I said maps. ON CONC. SLAB V x UTILITY EASEMENT outside 500 year flood plain. ,,,--5' PER PLAT Cl xl of Mark W. Whiteley & Associates, Inc. and is not to be used. reproduced, LOT 7 copied or distributed in whole or part w3hout the written nufhoriration of EXHIBIT BLOCK 9 o I co n in p 0 O O I ZZ Zo I W J I ci Vol 6 35' BLDGT. SETBACK LOT PER PLAT FND SCRIBED X FND 516" CALC. IN CONC. I Rnn rnauca FND S88'44'30"W 100.05' (CALL S88'44'30 *W 100.00') REFERENCE BEARING PER PLAT S88 044'30 "W 29.19' LL S88'44'30"W 29.19') (80' R.O.W.) TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY.• CHE —rtvv .A /, I. ROD 2.22' W it pX W Jam ? ozc�WO4� rh=� m o_3m >o;m o� Z Wo�mao �0 2 OYWpOW wN 6" W N W JILIZ �O Z Wa02p U� n2 ¢ CL Vl�Oton� W W a¢ +-y lac U O X Q 2�1-W mVpWiNpWIZ- Q� p L_7" W Li W OU W >� Z W3U2 W � O J a L" I_ W o kE -�zOp= W toW voipU) pw'... VI'O Z< W W to tii vi o Z 232� u WEWiOd� =a1 WW =O OWW m ~� O Vf- Z3 6- :ONi R¢ ocno�i 8 FND CONC. LOT 5520 GLADYS AVENUE BEAUMONT, TEXAS 77706 Lot Number Seven (7) in Block Number Nine (9) 1 THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY of TANGLEWOOD ADDITION to the City of MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED Beaumont, Jefferson County, Texas, as the some HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME appears upon the map or plat thereof, on file OF THE SURVEY. and of record in Vol. 10 page 55, Map Records DATE SURVEYED: NOVEMBER i, 2013 of Jefferson County, Texas. Owner: Kenneth Ray Clark and Deborah Aldrich Clark nvmn� ,�. nvn� n�u,ai�ncu r HL-N +T.B.P.LS. . WHITELEY D ASSOCIATES INCORPORATED TING ENGINEERS, ORS, AND PLANNERS FIRM NO. 10106700 ? 5728 2: 0 Census: 3.02 OF 71F In accordance with the Flood Hazard Boundary s " Map, Department of Housing and Urban Development. n; ¢ ..... 'S. ROwE Community No.: 485457 Panel No.: 0035 C Tu( ' D t f FIRM• 8 6 02 nvmn� ,�. nvn� n�u,ai�ncu r HL-N +T.B.P.LS. . WHITELEY D ASSOCIATES INCORPORATED TING ENGINEERS, ORS, AND PLANNERS FIRM NO. 10106700 ? 5728 2: 0 a o This property lies in Zone X' (white). 9eF Sao. Location on map determined by scale OR No. 5728 on map. Actual field elevation not determined. Mark W. Whiteley and Associates does not warrant nor P. 0. BOX 5492 subscribe to the accuracy or scale BEAUMONT, TEXAS 77726- 54920f said maps. 409 - 892 -0421 Zone X" (white) are areas determined to be outside 500 year flood plain. 3UM T. TX FR1YY. BEAUMONT, TEXAS 77703 ©2ooc Mork w whi Leroy & Associates, ins. This document, n instrument of professonvl sernce, is the property of Mark W. Whiteley & Associates, Inc. and is not to be used. reproduced, ,a B,e copied or distributed in whole or part w3hout the written nufhoriration of EXHIBIT Mark W. Whiteley & Associ —, Inc. Z O W I rn v� RICH WITH OPPORTUNITY [ill Application for License to Encroach T E X A S City of Beaumont, Texas 1. NAME OF APPLICANT: Kenneth & Deborah Clark ADDRESS: 5520 Gladys PHONE: 839 -4468 2. AUTHORITY OF APPLICANT: Owner 3. NAME OF OWNER: ADDRESS: PHONE: LEGAL DESCRIPTION OF OWNER'S PROPERTY (Lots, Blocks, Subdivision) TO BE SERVED BY EASEMENT OR RIGHT -OF -WAY: Lot 7, Block 9, Tanglewood Addition, Vol. 10, Page 65, Map Records, Jefferson County, Texas 4. DESCRIPTION OF EASEMENT OR RIGHT -OF -WAY INVOLVED: 15 Feet Utility Easement 5. PRESENT USE OF EASEMENT OR RIGHT -OF -WAY (List Utilities if Present): 6" Sanitary Sewer Line and Overhead Electricity 6. USE OF EASEMENT OR RIGHT -OF -WAY DESIRED BY OWNER: Storage Building Located within Easement 7. ATTACH A MAP OR PLAT DELINEATING THE EASEMENT OR PUBLIC RIGHT-OF-WAY (Dimensioned and to Engineering Scale). PLEASE INCLUDE ALL PERTINENT INFORMATION ON THE MAP: i. Distances from edge of pavement or back of curb ii. Street names and nearest cross streets iii. Side of the street [east, west, north, south] 8. COST TO BE PAID FOR LICENSE TO ENCROACH AT TIME APPLICATION IS SUBMITTED — $500 SAID COST BEING NON - REFUNDABLE. TO THE BEST OF MY KNOWLEDGE, THE ABOVE INFORM ION IS TRUE AND CORRECT. SI NATURE RICTI WITIT OPPORT11NITY 11EA,[1M0N* T- E - X - A- S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 19, 2013 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1 -3 /Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a resolution approving the award of a bid to Reytec Construction Resources, Inc. of Houston for the Magnolia Avenue Paving and Drainage, Water and Sanitary Sewer Improvement Project 2. Consider a resolution approving the award of three (3), one -year contracts to provide emergency repair assistance for City water and sewer lines 3. Consider a resolution approving the purchase of mobile computers from Austin Ribbon & Computer Supplies, Inc. for use in the Police, Fire and Public Health Departments PUBLIC HEARING * Receive comments on the Emergency Solutions Grant Program funding 4. Consider a resolution authorizing the City Manager to enter into a contract with the Texas Department of Housing and Community Affairs and agreements with area horneless service providers for delivery of services WORK SESSION * Receive a report from the Greater Beaumont Chamber of Commerce COMMENTS Councilmembers /City Manager comment on various matters Public Comment (Persons are limited to 3 minutes Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880 -3777 three days prior to the meeting. 1 November 19, 2013 Consider a resolution approving the award of a bid to Reytec Construction Resources, Inc. of Houston for the Magnolia Avenue Paving and Drainage, Water and Sanitary Sewer Improvement Project [1EA,UM011T,,� TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager QQ PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: November 19, 2013 REQUESTED ACTION: Council consider a resolution approving the award of a bid to Reytec Construction Resources, Inc. of Houston, in the amount of $4,820,038.45 for the Magnolia Avenue Paving and Drainage, Water and Sanitary Sewer Improvement Project. BACKGROUND A grant from the Texas Community Development Block Grant (CDBG) Disaster Recovery Program administered by the Texas General Land Office (GLO) for areas impacted by Hurricane Ike was awarded for the construction of the Magnolia Avenue Paving and Drainage, Water and Sanitary Sewer Improvement Project. The Magnolia Avenue Paving and Drainage, Water and Sanitary Sewer Improvement Project involves the complete reconstruction of Magnolia Avenue from East Lucas to Gill Street and a 400 foot section of East Lucas Street. Included in the improvements of the Magnolia Avenue Project is reconstructing the roadway, enlarging the storm sewer and sanitary sewer lines, and replacing the water lines. A 5 foot sidewalk will be installed on both sides of the street. The drainage improvements will double the existing storm sewer system discharge capacity. On October 24, 2013 the City received four (4) bids for this Project. The bid totals are shown below with the unit: cost tabulation attached. Contractor Location Bid Reytec Construction Resources, Inc. Houston $4,820,038.45 Brystar Contracting, Inc Beaumont $4,978,385.80 Tripple B Services, LLP Groves $5,585,524.85 ALLCO, LLC Beaumont $5,588,265.52 A total of 365 calendar days were allocated for the completion of project. Reytec Construction Resource, Inc. is a Certified MBE /HUB company. Magnolia Avenue November 19. ?013 Page 2 FUNDING SOURCE Texas General Land Office (GLO) Disaster Recovery Grant. RECOMMENDATION Approval of resolution. F- L) LU n 0 w 0. z I.- LLI 0 IL IL 2 U) 0 z w m 2 0 W U. w LLf Z_ M Z Z uj 0 z 0 c,t -I 6 6 4 6 6 6 I-m g 6 1 0 0 O 8 lo S O N D OOp Op OD O O M NO O c! 0 9 S S P 9 oOo p pO W 'I�j ID 0. Iqj 1Vj o 1 1 11 1. pop 1W c4 61 c6 61, LU ui ap W. . . . . . .2 Z Z 0 I 1 z cli o �2 co -1 ll� 0� o Up ui ul U uj uj 0 o I oz (a z z < < < �3 0 < 0 < w 6i z 0 0 oz �7 0 of < z < z 0 UJ 2 z < fr 5Z6 a '? 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In 0 8 9 0 8 8 Z W O .- L) o. S C. I I lo CY w < w w 4r w u<j w< w z z 0 z z z 2' 2' u > 0 c w ui w W w ul W u o 2 w d 0 x c� m 0 0 FA ui z < R 0 'zo M > (5 < w w 0 F- a r, > z < w 0 w < Lu (L wm(rwluw"< < w w Lu a yr w w w Z oc w C2 N W > z z z o W W w I W W o Z RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of a contract to Reytec Construction Resources, Inc., of Houston, Texas, in the amount of $4,820,038.45 for the Magnolia Avenue Paving and Drainage, Water and Sanitary Sewer Improvement Project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of November, 2013. - Mayor Becky Ames - rkj� November 19, 2013 Consider a resolution approving the award of three (3), one -year contracts to provide emergency repair assistance for City water and sewer lines RICH WITH OPPORTUNITY [1EA,[111011 T - E - X - A& S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager ) Laura Clark, Chief Financial Officer November 19, 2013 REQUESTED ACTION: Council consider a resolution approving the award of three (3), one (1) year contracts in the total estimated amount of $215,588 for use by the Water Utilities Department. BACKGROUND Bids were received from four (4) vendors for an annual contract to provide emergency repair assistance for City water and sewer lines. Specifications required bidders to submit a total hourly rate for labor and equipment for repairs to the water distribution system, fire hydrant maintenance and sewer collection system. The water repairs and fire hydrant work will be allocated evenly among the three contractors. Terry Johnson, Inc., will be doing the sewer repairs because the bid was at a significantly lower hourly rate for that work than the other bids. The Administration recommends award of one (1) year contracts to the following vendors in the amounts indicated: Terry Johnson, Inc., of Kountz, $122,503; Allco, Inc., of Beaumont, $50,075; and Brystar, Inc., of Beaumont, $43,010. The bid by BDS Constructors of Vidor was rejected because of substantially higher rates than any of the others. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of resolution, RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of one (1) year contract in the estimated total amount of $215,588 to Terry Johnson, Inc., of Kountz, Texas, in the estimated annual amount of $122,503; to Allco, Inc., of Beaumont, Texas, in the estimated annual amount of $50,075; and to Brystar, Inc., of Beaumont, Texas, in the estimated annual amount of $43,010 to provide emergency repair assistance for City water and sewer lines at the rate and unit price as shown on Exhibit "A," attached hereto; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute an annual contract with Terry Johnson, Inc., of Kountz, Texas; Allco, Inc., of Beaumont, Texas; and Brystar, Inc., of Beaumont, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of November, 2013. - Mayor Becky Ames - EXHIBIT "A" n co W co O Q C Q Ozz _. O (D (D = W N O -0 ' � ;u --j oo m = o =r -n j�.0 moo- m � co N CL 4 II 7 0 o o� c p Gz 0- o0D = O 0 E= o o ?: w! v r ti n O0D W N (D Ln I � A I'D N I O ;p w -p >y D su n+ w O O � (D K r O m co C K O z W m D C 3 O z T O < O o -= 1 O r (=D Cl) O ' O " N m 3 "1 m -n z 0 m d v v m m m = = _ 0 0 0 CD =, � v _CD cn (7 ! � Q 0 �.�(D o m m 7 � � p C) 0 C N N N O O O O= (D O O O O 0 S X 64 b4 6A O N 7 N V O J W N Ol W l0 Q N 00 N N O_ p O O O -D p O O O n' O O O O (p w 6q N �A N - ln N v O in vt � O O O O O O 0 (D W C D If f 3 m X O 0 O N N -0 -0 N O O O O 2. CD 0 --I CD O O O N 0_ O O O (D p O cc O O O O ea to N r1i N - O W W O O O 2. W O O O (OD pp w va C to (., — m O w 00 o Oo D X Z OD 00 o (D -I (D 0 00 m Q- 0 0 Q p . O 0 0 0 00 EXHIBIT "A" n co W co O Q C Q Ozz _. O (D (D = W N O -0 ' � ;u --j oo m = o =r -n j�.0 moo- m � co N CL 4 II 7 0 o o� c p Gz 0- o0D = O 0 E= o o ?: w! v r ti n O0D W N (D Ln I � A I'D N I O ;p w -p >y D su n+ w O O � (D K r O m co C K O z W m D C 3 O z k November 19, 2013 Consider a resolution approving the purchase of mobile computers from Austin Ribbon & Computer Supplies, Inc. for use in the Police, Fire and Public Health Departments HICH WITH OPPORTUNITY III'LAi[I T• E• X• A• S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Bart Bartkowiak, Chief Technology Officer November 19. 2013 REQUESTED ACTION: Council consider a resolution approving the purchase of mobile computers from Austin Ribbon & Computer Supplies, Inc. in the amount of $148,695.74 for use in the Police, Fire, and Public Health Departments. BACKGROUND Pricing was obtained through the State of Texas Department of Information (DIR). DIR provides cities and political subdivisions with the means to purchase information technology at volume prices contracted under the procurement statutes of the State of Texas. The mobile computers will be used to replace current models in 30 Police vehicles. 6 Fire vehicles, and 1 EMS vehicle that went into service in 2005. The current computers have reached the end of their useful life and are incurring frequent repair costs. FUNDING SOURCE The 2012 Port Security Grant will fund 75 %; a 25% match of $37,173.94 is available in Capital Reserve. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT- THAT the City Council hereby approves the purchase of thirty -seven (37) mobile computers, for use by the Police, Fire and Public Health Departments, from Austin Ribbon and Computer Supplies, Inc., of Dallas, Texas, through the State of Texas Department of Information Resources (DIR) contract, in the amount of $148,695.74 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of November, 2013. - Mayor Becky Ames - PUBLIC HEARING * Receive comments on the Emergency Solutions Grant Program funding November 19, 2013 Consider a resolution authorizing the City Manager to enter into a contract with the Texas Department of Housing and Community Affairs and agreements with area homeless service providers for delivery of services 11EA,[IMON14t, T • $ • g • A • $ City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Director of Planning & Community Development MEETING DATE: November 19, 2013 REQUESTED ACTION: Council to conduct a Public Hearing to consider accepting Emergency Solutions Grant Program (ESG) funding and consider a resolution to authorize the City Manager to enter into a contract with the Texas Department of Housing and Community Affairs (TDHCA) and agreements with area homeless service providers for delivery of services. BACKGROUND On March 8, 2013, the City of Beaumont applied for Texas State Emergency Solutions Grant (ESG) funding in the amount of $273,420 and was awarded $215,493. The Emergency Solutions Grant Program provides assistance to non - profits that serve the homeless and those individuals at risk of being homeless. Specifically, ESG funds will be used by Some Other Place, Family Services of Southeast Texas and Catholic Charities of Southeast Texas for client outreach, emergency shelter and other homeless prevention activities. This competitive process would be similar to the Homeless Prevention and Rapid Rehousing (HPRP) Program that the City administered over the last two years. Attached is the proposed contract with TDHCA as well as an initial and revised budget. The original budget approved by TDHCA has been amended to reduce unneeded administrative expenses. TDHCA, has requested that both the original and amended budgets be approved. The total amount of the grant remains unchanged. FUNDING SOURCE U.S. Department of Housing and Urban Development (HUD), administered through the Texas Department of Housing and Community Affairs (TDHCA). RECOMMENDATION Conduct the Public Hearing and approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the original and amended Texas Department of Housing and Community Affairs (TDHCA) budgets, attached hereto as Exhibits "A" and "B;" and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to enter into a contract with the Texas Department of Housing and Community Affairs (TDHCA), attached hereto as Exhibit "C," and agreements with Some Other Place, Family Services of Southeast Texas and Catholic Charities of Southeast Texas for client outreach, emergency shelter and other homeless prevention services. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of November, 2013. - Mayor Becky Ames - Enter the requested information into the yellow cells and sign below. Subrecipient Name: City of Beaumont Categories Budget Street Outreach $31,600.00 Emergency Shelter $33,760,00 Essential Services Operations 1 $33,760.00 Renovation i Major Rehabilitation --Conversion Uniform Relocation Assistance Homeless Prevention $65,918.00 Housing Relocation and Stabilization Services - Financial 81,200.00 Housing Relocation and Stabilization Services - Services $12,518.00 Tenant-based Rental Assistance $52,200.00 Project-based Rental Assistance Rapid Re-housing $65,472.00 Housing Relocation and Stabilization Services - Financial $6,249.00 Housing Relocation and Stabilization Services - Services j $5,460.00 Tenant-based Rental Assistance $52,763.00_ Project-based Rental Assistance Homeless Management Information System (HIMS) 59,500.00 Administrative Costs $9,243,00 Total $215,493.00 Page 1 of I EXHIBIT "A" 2013 ESG Program Budget Enter the requested information into the yellow cells and sign below. Subrecipient Name: City of Beaumont-2nd Revised Categories Budget Street Outreach $31,600.00 Emergency Shelter $33,760-00 Essential Services Operations $33,760.00 Renovation Major Rehabilitation Conversion Uniform Relocation Assistance Homeless Prevention $65,918,00 Housing Relocation and Stabilization Services - Financial I $1,200.00 Housing Relocation and Stabilization Services - Services E $,12,518,00 Tenant-based Rental Assistance $52,200.00 Project-based Rental Assistance Rapid Re-housing $69,994,00 Housing Relocation and Stabilization Services - Financial $6,249,00 Housing Relocation and Stabilization Services - Services $6,460.00 Tenant-based Rental Assistance $57,285.00 Project-based Rental Assistance Homeless Management Information System (RIMS) $9,500.00 Administrative Costs $4,721,00 Total $215,493,00 Page 1 of 1 `I' _ XAS DEPARTMENT OF HOUSING AND COMMUNITY AFI "AIRS CONTRACT NO. 42130001 767 FOR THE F�' 2013 EMF,RGENCY SOLUI"IONS GRANTS (ESG) . °ROGRAM CFDA NO 14.231 SEC "LION 1. PARTIES TO THE CONTRACT This Emeraencv Solutions Grants Contract No 42130001767 (he(ein the "Contract ") is made by and bctwecn the Texas Department of Housing and Community Affairs, a public and official agency of the State of" Texas, ( hereinafter tha "Department" 1 .tnd City of Beaumont, a pol *ical subdivision of the State of Texas (hereinafter the "Subrecipient" ). SECT ION 2, CONTRACT TERM this ('rrnlrect shill: commence on October 01, 2013, and, unless earlier termtnaued, shall end on September 30, 2014 (harem the "Contract'1"ertn ") SECTION 3. St'P>RECIPIEN'I' PERFORMANCE Subrec!pienl s'nall develop and implement an Emergency Solutions Grans Program (ESG") in accordance with the to -ms of this Cont -act and the Exhibits attached to this Contract incorporated herein for all relevant purposes Subrecipient shat develop anc; imp'emernt the ESG to assist homeless individua'.s at nelsons at risk of homelessness to quickly repair ia!,:Wv in ;,ennanent housing ,P.c experiencing a housing crisis and/or homelessness. Subrecipient shall implement ESC �i:. acaordancc with, but not limited to, the provisions of the Homeless Emergency Assistance and Rapid Transition t,, 1lousing Act, as amended (42 USC 11302 el. seq.) (hereinafter the "Federal Act"), the US Department of Housing anc urban Dcvch,prnent (hereinafter "HUD ") regulations codified in 24 C F.R. Parts 85, 91, 576, 592 and 583 (hereinafter the 1= ederal Re;ulwons "); the implementing State rules under Title 10, PART I, Chapter 5, Subchapters A and K of the Texa., Adm111 _.trr,,,ve Codc, s amended or supplemented from time to time (hereafter the "ESC: State Rules "), and any ,,rnLcal e Off e d' Mar prmen2 and Budget (CMD) Circulars Subrecipient shall perform ail activities it accordance �vith the teats of the 1'ertixmance Doc?mlect (hereinafter "Exhibit A'), the Budget (hereinafter :'Exhibit B "), the �Sata 1?cgi :ia;mcnts Documcn :t (he cinaftcr "Exhibit C "), tie Applicable Laws and Regulations (hereinafter "Exhibit D tau Ccrtif,cation 1Legarding i.ob'nying for Contracts, Grants, Leans, and Cooperative Agreements (hereinafter "Exhibit E "), the assurances, certiffcaliors, and other statements made by Subrecipient ire its ESG application, and with all other teens o; this Contract if the persons to benefit from t:;e activities described in Exhibit A are not receiving a serv� :;cc of benefit, G?e suhrcc :picot is liable to repay the Department any associated disallowed costs. A Sut,recmien! s' ^ah not axpend funds on any activity requiring a ncvv procurement under Grits Contract prior to Nit, vcmhe: 2013 3- During :ire Cotaract Term until November 2, 2013, Suhrecipient shall implement ESC: in in wit: the requirements of the current ESG Stale Rules adopted to be effective September 30, 2012. Beginning November 3. 2013, Su'nrccipient shall implement ESG in accordance ,vi'h the recuirements of the ESG State Rules, as amended to tle etfecti': c. November 2, 2f 13 C. Pe•formancc related to est i,hshed targets will he reported in 1Ple ESG monthly pe::`onr.ance retort and aaomp sh.merd in meeting `argets may be considered in applications for f -turc funding oppotlunai s vv the Dapartr•e . D. Alf funds must be fuii`: expended within tale Contract Term and must be expended at a rate acceptable to the Department amid as indicated in Exhibit A The Department reserves the right to request an expenditure plan appears funr:s .vdl not be expended within t'ne Contract Term. Page I of 20 EXHIBIT "C" SECTION 4. DEPARTMENT FINANCIAL OBLIGATIONS A consideration of Subrecipient's ongoing and satisfactory performance of this Contract, Department shut; reiirburse Subrecip!e:nt for the ac :ua! allowable cosy incurred during the Contract 'renn by Subrecipient in the atnount specified `t the "Budget" attached hereto as Exhibit 13 of this Contract B, Any decision to obligate additional funds or cuobligatc funds shall be made in writing, by Deparimert in its sc.1c discretion based upon the status of fundirg under grants to Deparunent and Subrec!pient's overall compliance with the terms of this Contract C. Department's obligations under this Contract are contingent uper,r tee actual receipt of adequate PSG funds from HUI), If sufficient funds arc not available to make payments under this Contract, Department shall notify Subrec,pient in writing within a reasonable time after such fact is determined. Department shay: then terminate this Contract and %, ^all not be liable for the failure to make any payment to Subrecipient under this C:o =.tract. D. 4ubrecihient shall refund to Department any sum of money which has beer, paid to Subrecipient by Depariment, which Department determines has resulted in an overpayment, which the Depariment has determined was from activity under a newly procured contract or subcontract proeurcd on or before November 2, 2(713, or sshich Department determines has no' been spent strictly in accordance with the terms of this Ccn'!tet- >ut -reCJ :e! t sisal; make suc!t ^efurd vdinn lliieen (' S days after the Deaarumeit's request. E Notw:iJistanding any other provision of this Contract, Department shah only be liable to Subrecipient fnr eiigib!e co -tts incurred or performances rendered for activities specified in 24 C.P.R. 6576 of the Federal Regulations. SECTION 5. METHOD OI' P,A'I'MENTICASII BALANCES A. Subrecipients may request a one time working capital advance for thirty (30) days cash needs or an advance of $`,000, whichever !s greater, In order to request an advance payment, Subrecipient must submit to Deparhner,t a properly castpleted expenditure report that includes a request fir advance :ands (Protected Expenses) Thereafter, the Subresip,xnt wt'.; be reimbursed for the amount of actual cast: disbursements, a reimburseme rt orsis 9. Subrcar,ient shall estac ish. procedures to minimize the tune elapsing between the transfer of funds from i) pertinent to Subrecit'ient and the disbursement of such f :nds't ;y Subrecipient. C. Section 5(A) notwithstanding, Department reserves the right to use a modified cost reimbursement method of payment whereby reimbursement of costs incurred by a Subrecipient is made only after the Daparnicnt has reviewed End upproved backt:p doeuriertation provided by the Subrecipient to support such costs for all funds if at any time ;I) Department determines that Subrecipient has maintained cash balances in excess of need, (2) Department identifies Lily ceficicncy in the cash controls or fin',vw4d management system used by Subrecipient, cr (3) Subrecipicnt arils to omply vaith the repotting requirements of Section 12 ofthis Contract. 1) All *ands paid to SL!brccipiew pursuant to this Contract are for the exclusive bendit of the eligible recipients of ESC, sr vices and for the paym cnt of allowable exp: nditures. Ii. Department may offset ur withhold any amounts othcfw!se owed to Subrecipicnt under this Contract again.it a!)y amount owed by Subiccifient to Department arising under this Contract SECTION 6. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS Except as expressly modified by law or file terms of this Contract, Subrecipient shall comply with the cost prirciplcs utd uniform administrative requirements set forth in the Uniform Grant Management Standards, 10 TA C t >_10 et seq 0,,- einafier "Jmfxn: Grant Management Standards ") Ail refe,ences there;n to focal government" shall 'oc ;onstru,.` `.o mean St:brccipient 11 Uniform cost principles hir governments are set fortis to OMB Grey -far A -87 as implemented by 2 CF R Pall 22 Uniform administrative rcq °.iirements for governments are set forth in ON113 Circular A -102. OMB Circular A -'' 33 "Audis of States, Local Governments, and Non -profit Organizations," sets forth audit standards fix govcminental organizations and of�er .)rganizaoons expending Federal funds. The expenditure threshold requiring an audit under d "ircular A -133 is $500,000 (,'Federal funds cr $500,000 of State funds. Page 2 of 20 C. Department sha'1 !!Of ',,,e lial le it Struecipient for certain costs; including but not lmni;ed to cost which have been rchntbursed :o Subrecipient or are subject to reimbursement 'o Subrecipiern by any source other than Dena Brent, 3) A e r,o' ai!owable costs, Arc r.currtd to involuntary separate a family; i,or ;nits of local government, is incurred to rep!aee funds pt'uvided by the local government f_ir sleet outreach and emergency shelter services during the preceding 12 -month period without HUD exception; Ar incurred in provide certain legal services for immigration and citizenshio matters and issues reiatine t.^ mortgages: �) Are mcurcd to provide. certain substance abuse treatmect services; Arc i ncurred to pr. ar aars; for temporary storage fees, N;I Arc i- ,ourrod to Ivy or nodif}r a debt; Are i isurred to acq.;ire property or to construct new property, Art, irc,ured !")I the renabilitation of structures to the extent that those structures are used Por inherently religious :!,cs: At experded or. re'tabilitation activities pror to the s ranitision of a !?egacst .or Releaso of Funds and p.:or tc the reicase of fuh'ds by HL D; rot s r :oily in accordance with the terms of this Contract, including the Exhibits; X131 HasT of item rep01?ed to Department within sixty (60) days following terrninatron of this Contract: 14l A,,2 ,(A incurrcc during ',ne Contract 'Term; with the exception of travel costs to attend the September 17 -18, 201' ESG inrple;nenfatiort Cvorkshop in Austin, "texas; or S; A,c :ic:mc under a new contract or subcontract procured on o: hefo;e November 2, 2013, SE(--,TION'. FERAIINATION AND SUSPENSION y Pursuant to §S 17 of the ES .i State Rules, Department may terminate or suspend this Contract, in whole or in part, a: :n_ tine Department determines that theree is cause for tern) ination, Cause for tcnnination includes, but is not limited u Subret.�pictfs f4;IUre- to e011-,Ply with any tern of this Contract or reasonable belief' that Subrecipient cannot or wil! not o rp ; pith fhe requiwinenis of this Contract If the Department determines that an Subrecipient has failed to co =np)v w: ih the terms of ti?e Contract, or to provide services that {nest appropritrie standards, goals, or other req.;ircmem.r, esta'rlhshcd try the Department, the Department will notify Subrecipient of the deticiencies to be corrected cyuirc r}hc dekler"Jes oc corrected prior to implementine suspensm,l Not.i :nsi it, this Section shall be construed to limit Department's author•ty to withhold payment and itnrnediately StisDr..I trhis Contract if Denarunent identifies possib '.e instances of :raud, abuse, waste, fiscal mismanagement, or other cef,ienches in SubreC :,pienf< performance Suspension shall be a Ie,mporory measure pending either co rective action by Bch ec�; pee' or aectsiot b�.- Department to horminate this Contract. Department shall not be liab4e;'or any costs incurred by Subrecipient after tennination ofthis Contract. 1) Notwithstanding any exercise by Department of its right of terminatie , or suspension, Subrecipient shall nob he relieved of any lia'uility to Dcpa nnenl for damages by virtue of any breach (,,'this Contract by Subrecipient. SE(. 'I S. MATCH REQCIRENIENT A Su!,rec;p;ent mall Prow id° an amount of funds equal to the amount of fends provided by Department under tivs Cunt jzt ?z iim "Sufi amts Match "). Subrecipient's Match trust Le provided from ,iuly 20i3 through Sepic I Ihi- 3G. 2.14from sources including r,.y Federal source other than the ESG program, as weli us stale, local, ail l h- arils sollrccs Furds used to match a previous LSG w yard may not be used k) h arch t'•e award mrdc under this ,'crntract. Su ecipierht's 'slater, may include resources p- ovided by any subcontractor or subgrantee to which Sthbrc �--,l, provides Fund:: a hder this Contract. Page 3 o" 20 A Amount may be counted towards Subrecipient's Match only if such amounts are costs or resources of a type specified I- I_xl bit C and only i1' such amounts are computed n accordance .vith this Section. In calcu'l.atm., the amount of Sub:ecip ent's NAatclt, 5Lbrecipient may i%lllde, but is not limited to, cash donations: the value of any donated material w building; the value Of any ',ease on a building, any salary paid to Subrecipient's staff for that of its subcontractors) in canyir:g out the aCHVIOrs required under this Contract; and the time arrl services contributed by volunteers to carry out such acti,'ities. Services pr.wided by volunteers crust be valued at rates consisted with those ordinarily paid for similar work in the Subrecipie;u's organization or in the same la)or market. Subrecipient shall determine the value of u.y conatetl material or building Or any lease using eny method reasonably ea[cuiated to establish :fair market value. SECTION'). ALLOWABLE EXPENDITURES A, The al:owability of SuLrec!pient's costs incurred in the performance of' this Contract shall be determined i ;, accordance �sith t'nc provisions of Seclion 6 and the regulations set forth in 10 TAC §5200; of the ESG State Rules anal ti576,150 C:-rough 12576 109 of the Fcdc-al Regulations, suhjcet to the limitations and exceptions set forth in this Section. B f SG fun: ?s may used frn administrative activities es well as five program cornpcnents as set forth in C.F R ; 76.'01 'ht ough 24 C P 1:. §575,107 ofthe Federal Regulations. C Adntinistratite costs inr:uned by Subrecipient in performing this Contract are tO be based oil actual pmgran-,me'.ie cxpenditt:res and shall be alloncd up to the amount outlined in Exhibit B of' this Contract. Funds MAY be used to pay adirect : osts n accordance aN;th OMB Circular A -87. Eligible administrative costs include. i Gcnctal managemen , o.wsight and coordination, 2? Tmining on I S"i req,:m,ments; and f:naironmental rc °visa-. SECTION 10. TLRMINAT.t,XG ASSISTANCE A it a program participant riolates program requirements, the Subrccic en( ray terminate the assistance .n �. nh 24 i F §576 4 ,2 of .,. Federal Regulations. !3. :er.n!nu,.on under c tion 10 does not L-ar ,he Subrecipient from providing fur?he- assistance at a ,stet date to the antcfar-rih or individual. SECTION 11, RECORD KFUTING REQUIRE;NIENTs A Subrcciuient shall comp y with Lill the record keeping requirements set forth in 24 CF R §576 500 of the Fcde :al Regul'awns and shat! itlaintain fiscal and programmatic records and supporting dOCUmentatlon for all cxpcndituies mt;dc °.]Oder (his Contract B. �7pen I air: ;r 5u>rec aicit acknowledges that all information collected, assembled, or maintained by 5ubrc ipicnt ce aieicg to this Contract is subject to the Texas Public Information .-pct, Chapter 557 of Texas Government Code tt ,d m st pro ide citizens, public agencies, and other interested patties ,vita reasonable t:ccess to all records pertain g to this Contract subject to and in accordance with the'Fexas Public Information Act C .sees. ,o Records: Suf :ecapent shall gictt the HUD, the U.S Gcner a'. Accounting 0ifice. the Texas Cor np ; -I:c', Ire Sr...e Auditor's C,:ice, and Department, or any of their duly authorized rcpresertativca, access to and the r gh( to cxanine and cop), on nr p. the prerru es o! Subrecipient, all records pertaining to L' Ls Contract Such + ght to a"o"s s;i< i u..tinu r�s long as she necards are retained by Stl edpient. D e>/ Reio1'Li Relvnl ow Su, ecipient agrees to maintain such records in an accessinle location for the greater of C,ve(5)vcktrs �zflerthe exp,,nd,tu[e ofaltfunds Crom the grant, or !hit period specific( _,eln%, 1 t Where funds from '.hts Contract are used for the renovation of an emergency shelter involves costs c :rarge,f to t=ic+ ES,-i grant that exceed seventy -tive percent (75°G) of the value cf the buildin�4 oetbre renove'.iot, cords ,m.ist be rv. ;t.ncd until ten (1 pears after the date that ESC; funds are tirst eba gatcd for the reroaatimt. 2) yti- ere funds ±tor -� thi; Contract are _ :�.ed to convert a i�uild3rg 3n'a are emergency shelter arid the -cSts „„srgcd tO t. e SC3 grant for the conversion exceed sovenq -live percent (7540) of the value of u e nu,.ding after com 'son, rrcnrdS nusi be retailed unto ten (10) years after the date that ESG funds are first Obligated for the conversion Pagc 4 of 20 I; Exce ;htions to the record -eteation periods o.-dined above include,, (i) if no ;i`,ic' by the Departrnent in writing; the c:atc that the final audit is accepted with all audit issues resolved to the Departmew's Satisfaction; (ii) if any ii':igation claim, negotiation- inspection, or other action has started Before the expiration of the required retention period records must be retained cntil coinpletion of tltc action and resolution of ail isles which wise under it; (iii) a date consistent with any other period required b) federal or state law or regulation. Subrecipient agrees to cooperate with any exanhuration co ;-ducted ,vursuant to this Subsi,cuon E, Upon termination of this Co;mact, all records are property of the Department. Subrecipieni shxli inclur:c !h- ,, of this Section I I in all suhutntraets `,ECT[ON 12. REPORTING REQUIREMEN'T'S Subrecipient shall submit to Department such reports on ,he performance of this Contract as may be required by Department includu-�g, but not limited to, the reports specified in this Section 12. rt Subrecipient slhu!I elecuohiadly submit to the Dcpartinent no later than the fifteenth (151h) day of each montl- 1'ollowing rite preceding nonih in the Contract Term a performance report listing required demographic information, t!;e number of persons assisted, and the outcomes achieved in the previous nnonth, and an expenditurz report listing al ev: , -nditu e_ finds under ;his Contract during ti°e prev;ot- month. Thc;e reports lire due even if Subrecipient has n � nev: ttctic� ^r !o report during th, month . ubrecipient n.ust report cli�_rt -level data in rite idonteless Rlanagement Information System i" MIS), victim sc,, M! c,r icgal se -, ice providers mry escc a comparable database, and are only required to repo, . aggregated data. D, Sut;recipieni a inai performance report and a final expeid4ure report to the Department within thirty t?C, days after, the end of the Contract "Form. The t>ilure of Subrecipient to provide a full accounting of all funds expended ruder il"I" Contract uitltih sixty (60) days may be sufficient reason for Department to deny or terminate ashy ;utur:r contacts .vIth Subrecipient If this Contract provides assistance for renovation, rehabilitation, or conversion, in addition the electronic final report, Subrecipient shell submit cover photographs of the finished constr.tction work, and ver "c,ition of passed in >pe:,tions in the form of certificate occ.tp ;racy. ;aE;r rp +cir, s. ":I; ubm: to Dcparunenf no later than sixty (6D) days afro the termination of this Contract a cumui.advc irivi;:, tc-+ report o(' a': ccaipmcnt having r- unit ecquisition cost of $5,001 or more, acquired m whole nr in part ti:ith f:acs re e red -,hdc- this or pic�,ions E.SG contracts. If Sabro picot !ails to ! uh nit within forty-five (45) days of is dae date, any report or response regrind IN this Contract, ne'lAing response:; to monitoring reports, Deparvnent may, in its sole discretion, suspend payments, place S breapient on cost reinburscment rnoho;t of payment, and initiate proceedings to terminate the Contract If Si ;recipie ^,t receives ESG funds trorn Department ove- two or more Contract Terms, termination proceedings ina} be initiated nib this Contract for Subrecipient's failure to submit a report, including an audit report, past due 'roi^ u prior ao l rac, shall pre�id€ the Department with a Data Universal N- =1rering System (DUNS) namber and it Central C' „ntrz to liegistration (CCF.) System number. The DUNS number must be provided in a document Goth Dun and Bradstreet _mC the c,srert t'CR number must be scbmitted from a document retrieved from the https: / /vww_samgod website '[be,,, doauntns :oust toe provided io the Department prior to the processing first payment to Subrecipien. Sui:reciaient shall maintain �, ctxrent DUNS number and CC:R number for the entire Contract Tenn. SECTION 13, CHANCES AND A 4IENDNIEN,rs A "',—v char -.e, , ;dtuon, c. 1c.'c; ion to the terms of this Cantraci required by a change in state or federal law or regu'aiior. a;! onnal _,a',h inco,,x-ri'ed hvi-ein ends effective. on Cnc da'.c dcsigna:ed by such law' or regulations R, FIX eN as spct ifica!ly provided otherwise !n this Contract, any changes, additions, or deletions to the terms of this Co- a:t shah be in tivriting and executed by boCa P -ties to this Contract If any Party returns an executed copy by acsi:niie racnine of electronic transmission, the signing party intends the cnpy of its au'- horized signalwe pnnfid by the rcccivine I- acIIinc r the e!, etrnnic transmission, to be its original signature i "t, ten ra;uests for ::ont-aci amendment must be received b} the Departmcnt by no :aici than sixty (60t dhys prior 'o the end of!he Contract 'hem;. page 5 of 20 SBCAION i4. PROGRAM INCOME A Progr4cn income shall nave the meaning set fo-h in 24 C E R. 185 25 of the Fe,: r;l Regulations whi li ncludev ary gross ircon?c received '>y 'he grantee or subgrantee directly generated by a grant supported activity, or earned o ; ;!% as a res.;1t of the grant agreement during the gr nt period, which is dLIFML the Contract Term, Any securig' or util ty deposits reNrlded from vendor should he treated as program Income R In acecunt� ng to prograr; income, the Subrecipient and Affiliate mcst a u,rctcly reflect the receipt C" fu -111.3 separate from the receipt of federal funds and Subrecipient/Affiliate funds. C Program ;ncorr�e earned and expended during the Contract Ten-r. shall count toward meeting the S rib rcc;pierI's nc aim rcquircmeas dur ng t-e Contract Term and sitoilL be, reported as hatch, provided the costs are el -gible P;G i:osts that supple:new the St:brecipient's ESG program D Program income reee.v.ed by the St.brecipicnt and .Affiliate dorm _ the Contract 'term iron. not expended during the orttract Term along v�i'.h program income received two (22� years following the end of the Contract Tern: must be r,turr±ed to the Depa: men * - Program '!:come must be returned within ten (10) workm, days of recei, ^.t the Subrecir;:ent Proomr -) income r;cuved by the Subrecipient and Affiliate after tLc two (2t year period described in Su!sc,_"wn D of this Section 14 is no longer prof am income, and can be retained by the Subrecipient. SECTION 15, INDEPEND AT SUBREC IME V"I It I,, rLc.eed that Depa vrj.i . r c.. Ira li with Subrecipieru as an independent con. at for SE..CTION 16, PROC'UREINI N T STANDARDS A Subfe, ,lent sha! cortp!y 24 C.P.R Part S5, this Contract, and aG all- ,kal,le federal, state, Ln.d local lays, bw t ��es, rid ,td'rtan I'_ making procurements under this C c� .tr.ct. H V1 hen ;he Sub -ecip :eat Jmg"r needs equipmen: purchased with ESG grant /unds, regardless of purchase ;cc, X ,m the termination of this Contract, beparmen may take possessor and transfer title to any such prcpery or ecwtmurt to the Depmtrumt or to a (bird party or may seek reimbursemem 'tom Subrecipient of the current unit price cf the item of equipment, in Depanmen�s sole determination Suh!cwpien; must request permiss,on i�om D parr. c ^t :L. ; nsfer t r�c or dispose ofequip rent purchased with ESG gFa.wt fundS. C. h;c - ;dents and Aicir contractors most comply with Section 6002 of the Solid ' waste Disposal Act vxrhieh regwres roctrino only items designated in the Envirortmentel Protection Agcncp (EPAI r�tr.delines that con,ain the tries' ercen :u e of recoverec ;materials Subrecipicnts ores'. also 1 f maiwn.n a satis,ucto y 'level of compctition if the perchase prec of the ;ten exceeds $10,00), or :he va'ue or ti;c quantity acquired in the precedmn, fiscal year exceeded $10,0 -t0, maximize energy and tt sconce recovery aches p- ocuring soiid waste many ement sexvices, and 3t csabi +sh an ePlinnative procurement program for recovered materials SECTION 17. SUBCONTRACTS A ubrecapicnt tnay only subcontract or subaNWRIrd the primary performance of this Contract to entities identifi, d in !ts a-NPli=ion as oppro e, collaborative partners. Subrecipient nnay only enter into contractual agreement, for co- ;ulting <rno of per ofcssior al ,t,tv;ces if Subrecipient has received Deparin;ents prior written approvatl. Surrecipient ntay sunconf act or the deiircn of client assistance without obtaining Departncnfs prior approval Am . °'contract or _rect ;eat :ar Inc delirery of Ghent assistance vvtill b stt ect to riot tonng by t c Depa!twent ¢,., aer Sect .m tP,is C w1tracl. 13 In : %c cvc''t sh-0 any provision of this Section 17, specifically the rc< :uirement that Suhrecipient obtam Department's r.or r '.ten approval .nf a subcontractor or ,uF�grantee, be corst:ued as rcL'evhtg Subrecipient of the respons bi,i.y, for ensu:;o-g. ;hat tine perfonnances rendered under all subcontracts and other agreemkmts are rendered so as to comply° vv,rtlt al, of 'ne tenors of t lis Contract, as if such performances rendered were rendered by Subrecipient Dana t meat's rppro,,rJ under ',his S_ction 17 does not constitute, adoption, , at; it) caIion, or a ,,eptanee of Su1)recIpierts_ s;.b�wrtr"ctui's er su - zrantcc':� performa,,.ce he,!'cunder, Department maintains thee. right to mornoi and require S.,Lr :.Gip ;eats fall co;,t, hi;nce with the terms of this Contract. Department's approval under this Secr,o,� ,1„es ;wi vwivt: any righ� of t.ticn .v')ich tmr evrit er which r ay sw'secuently accrue m Department under this Comm -,t Page 6 o {'20 SECTION 18. ENVIRON UNTALREVIEW At,tivirics a;c subject to env irnrrncntal review under 24 CA FR Part 53 The Suhrecip cnt s'. ?all supply to the Department all, available, relevant irfoniation necessary to perform any environn-�ental revIeW required for each propel as rcqui, -ed The S- brcgn1ent, subLr%mtcc or subcontractor may not commit nr expend an} F.SCr funds until an environmental rewe,w MW ntectt the standards out incc in 24 C F R. Part 5S has been reviewed and approved it vvrilm g by the Department, SEC 'LION 19. `'VRI11'EN STANDARDS Suhrccirlcnt must establish and consistently apply written standards within its program Subrecipient must provide TDHCA a copy of the written standards prior to contract execution. Required topics ;or written standards as listed on 24 _'.P k `'� ✓Otc1. SECA 10N 20. A UDIT J!arcu p cn: l :a l submit to Department, l.-vithin (3) three months after the end of each fisca, fear, an Audit e h ..tio I Form as snec.irWd by Departmatt ?or each fiscal year in %which any month of the Subrecipients '.`,sca! year o"crlaps n lm-nth of the Contrect Term Unless otherwise directed by Deparment Subrecipient shall arrange for the e;frrman. :c c:f an annual ..rancial and compliance audit of funds rode ^ved and performances rendered under Ibis C: ; Tact, s- iect to ti-e ollo\,.mg conditions and limitations Subrecipient shall havo an audit conducted in accordance with 2d C F R §S5 26, ONIS Circular A -133, and 31 II S C' ?Spl for any o` its fiscal years included within 0, Contract Term in vYhiell Suhrecipient has expenses of more than 5500,000 in state funds or $500,020 in federa! financial assistance provided by a federal anency m for of grants, con..racts, loans, loan guarantees, property, cooperative agreements, interest subsidies, M- trance o direct appropriations, I)t:t :foes not include direct federal Bash assistance to individuals. ']'he term federai financial anti_,; rca includcs awsrds of financial assistance rcce:,cd directly from federa I agencies, or indirect!y thrown;: cdle unit c`StaIC a I ' L local eovcrnment. (s S L bi I ant e'iay ut�li7., funds budgeted under this Contract to rap fir, ,nut potion of the cost of sue'^ audit s pr Vie'% al o.nble to the activities funded by Department under ',his Contract. The cost of auditing son ses for a Subrecipient cxpcndmg less than 5500,000 in total Federal awards per fiscal year is not an allowable und:x Federal awn•ds. (3': Unless ethor,.lise specitical':y authorized by Department in writing, Subrecipient shall submit one (1) copy of tile, dud;, report 'o the department's Compliance and Assct Oversight Div sioa 'within thirty (30) days after ompleuon of the audit, but no !doer than nine (9) months after the crd of each fiscal period included within the period of this fun: ;tot A-d,ts performed under this Section 20 are subiect to wvievr and resolution of findings by ll-2 Dc °p<�.rimcnt t— atahoriaed representative Subrecipient shat init such audit report to the FederaI cl;V ,nahouse dcsgntued i>v CN413 in acco. dance svi'h 044D G-cular A- i ,3 A, lilt: rptum of S, xccr ,gent each aud; t regcircd by this Sector. 23 m y covey S.brectrient's entire opetatwrls or ch de. r „rent, ��rcncy, or rstercd establishment of Subrecpent wh;o'• eceived, c.,,urded, or otherwise d;iid fade Funds Li. Suhsection A of this; Section 20 notwithstanding, Department reserves !lie right to conduct 4,l annual financial and compiiancc rn,dit oC , ^.tna received and performances rendered under tl:es Contract Subrecipient agrees to Penn t Dap irtncnt, or its authorized representative, to audit Subrec pier's records and to obtain tiny documents, materials, or 1:tior n t,on nc,,x s_iry to tac litn.e such audit Such iinane.ial and ect-rpiiarce aud;ts may occur after the close of' t!,e Ct�F:r, ace ' "oru� with agrees that it shall ire iral;le to Department for any Coss :fi,aliow:d pursuant Lo financ-ai awd mulp lame audits) t,i funds received; under this Contract. Subrecipient furher undcrstands and agrees thut rcu;i'eurser.�enl to Dcpartnerrt of such disallowed costs shoal he paid by Subrecipient Crorn funds which ,acre not fruv dc;! 00- er-Nisc made avar,ahle to Stibrecipicnt under this Contract. D. Juhrcap1e1t shall take suet, action to facilitate the performance of such; audit or audits conducted pursuant to this Section 2(i as Department may lecture of Subrecipient. h. All approv d ESG audit enors shall be trade available for pu'olic inspection w- iti,.:n thirty (30) days aRcr corupietwn of the a("Ii', Nuo;of20 F The Su-)- ccipient shall inchade language in any subcontract that provides the Department the ability to directly rcviera, monitor, and /or audit the operational and financial performance and/Or records of %,,,o-,k performed under this Contract G Depa tn;cnt resen -es chi right to conduct additional audits of the funds received and performances rendered under t1l is Contract Subrecipient agrees to permit Department or its authorized representative to audit Suhrecipter is records ai,d to obtain any documents, ma'.e-ria :s, or information necessary to fa: tlnafe such audit SECTION 21. MANAGEMENT OF EQUIPMENT AND INVENTORV A Subrccil>ient strap comply ;vith ONIB Circular A -102, 24 C.F.It § §85.32 - 85.34 and 10 TA C 5.09 -5.10 B. Subrecipient may not use funds provided under this Contract to purchase personal property, equipment, goods, or services with a unit acquisition cost (the net invoice unit price of an item of equipment) of more than $5,000.00 unless Subrecipient has received the prior written approval of Department for such purchase. C. Upon the termination cr non - renewal of this Contract, Department may transfer title to arw such property or equipment !Paving a useful life of one year or more or a unit acquisition cost (the Pct invoice unit price of an item of eauipaTient) of $5,00G. I or more ;o itsell'or to any other entity receiving Department funding. SECTION 22, TRAVEL Subrcoipient shall adhere to OMI3 Circular A -87 and either its board- approved travel policy, or the State of Texas travel policies. Subrecipient's written lravel policy shall delineate the rates which Subrecipient shall use in computing tine travel and pc, diem expenses of its boa-d members and employees. SECTION 23. INSURANCE AND BONDING REQUIREMENTS Suhr,=pient small maintain acequate Personal injury and property dunnage liah lity insurance or, it Subr=picnt is a unit of ,oval government, shall maintain sufficient reserves to protect against the hazards arising out of or in connection with ti,e Performance of this Contra.. Subrecipient is encouraged to obtain pollution occurrence in.,mrance in addition to ;he c;:-eral hab11n, insurancc Generally, regular liability insurance policies do not prov;de coverage for potential effects of tra:.y heath and safety rncasures, such as lead disturbances and other pollution occurrence items. Subrecipient sho,i',d review cros!mg policies In de'errnine if lead contamination is covered 'f Subrecipient will enter into a construction contract with a third party in the amount of $100,000 or greater, Subrecipient must execute wish tae contractor a payment and a performance bond in the full amount of the contract. These bonds must be ex eticd by a corporate surety authorized to do business in Texas, a list of which may be obtained from the State Insurance Department. Such assurances of completion will r:m to the Department as obligee and must be :iocunnented p wr to the start of construction SECTION 24, L.ITIGA'110N AND CLAIMS Subrecipient shall give Department immediate written notice of any claim er action filed with a court or adm;nist atve agency against Subrecipion, and arising out of the performance of this Contract or any subcontract hereunder. Subrecipient shah furnish to Department conics of all pertinent papers received by Subrecipient with respect to such action or claim. SECTION 25, TECHNICAL ASSISTANCE AND MONITORING Depat.rnent may issue tecl-.niczl guidance to explain the rules and provide directions on terms of this Contract Department or hs designee may conduct periodic on or offsite monitoring and evaluation of the efficiency, economy and efficacy of Subrecipient's performance of thus Contract Department will advise Subrecipient in writing of any deficiencies nosed during such monitoring, department will provide technical assistance to Subrecipient and will require or suggest changes in Subrecioient's program iinplementation or in Subrectpient's accounting, personnel, proatrcment, and nnangernent procedures ;n order to correct any deficiencies noted. Deparnnent may conduct follow -up visits to review and assess the cftons S&t� ccipicnt has made to correct previously noted deficiencies. Department may place Subrecipient on a cost rcmnbursement method of payment, suspend or terminate this Contract, or invoke other remedies in the event monitoring or other reliable sources rcveai material deficiencies in Subreeipient's performance or if Subrecipient fails to eorrict dcfieiency %whin the time allowed by federal or state law or regulation or by the terms of this Contract Page 8 of 20 SECTION 2A LEGAL AUTHORITY Subic p-n asminns wd 9mmlem dw it Inswun to IMl aAcrltv to enter info this Contract, to receive Ma "I ,n fhc funds, lud-orwd by TO Contract, nd 0 p"Not the vwws StAircchat hey Vigand uscif y pu%-i hucams The emwan clelivey and perFormano of to CoNtow will at voko Suse6piews co,nsionwe dnw=nts or any twpiremcm W which SKmQw; j sQect and reprownh the legh valid, and bTdKg agacutent of Subrec;pient, eA1fcr^,Cu71e n accordance with its terms, 0 Do perm signing Az Contract on behalf of Shrocipient hereby warrants Mv A/sh has neen duly nAmwd by subrecipicrit's governing board to execute this Contract or, behalf of S,brnpie-,;a and to validly and :cgaily bind `;ubrecipsen( :o the p7twi,lons and ccricrinanes Ewem. C shalt have to r& W tevIninate It CM, I Owe a a HOW as a ps; legal a0vay d edhi Su ".reciri n: or toe perstv mgnmg to Contract v AkW of ShreQmm to wo into to Contract nr w render hCt,W�dcr sil-ecipicrit S liable to Departiren! fog- any 1'rnney it has ic"Ived from Department p,-!`wm.,-,ce Of :11" ptcwww of tha Cmvw. 1 he Dept; ivent has W=Wnd to CWnd to mas=s meampicd 0 this Socin 26 SUT HON 21 CONIPLIANCE WVTH LAWS A, LAW Shmt&rit shall comply with t €ie McKinvt)-Ve-to Home) s-snss Saimme Aq the federal rides am mpisamrs; pratmigawd under 24 C F R Parts <8. 84 91, 576, 58, and 5U. 'I de 10 5 to Tews ALIKAMNIVe COQ and WI federal, sun, and local laws and rerolarions app:icalble, to ro ol " w"Ce of Ih is Coral4iw, H. The shwVvy Dug -F-ce Wcl;-Kpiace Act of 98'1 (41 OSC7,)E x sc(j C "wy—TEPY Subrempients rinim provide pwgrwr applications, Rm, and v""m"atsar,j] tnilter;nIN in EVA NwAT and any appi,cpHate language, based on he needs of the sembe awa and sn with the acruirMit7ent^ it', E'secti:ive Order 13166 of August In 2NO wKNA m 0 FR 50121, August 20M Lin roving Access to Services with L nrihd alk Pmkmq (UP) at 67 FR. 4W5. To ensure fm SW"mwt mjM take reasonable mW to Ksure Am neumn UK 1-1miled English profloiznty 11c'u rnoar.ingf,;l mvs 1 UW program access iMy croad provide ft,9,,Otancr' services, including 01,11 w'ltnn D pant tcrtnediatton and disclosure applies; to al! ESG,-t'undcc sleiters and all hour !g CwL!p;0d nv USG paisTrims The inadlased Pit Nuctrang N"mhon Aa N2 USC "210801 14 RekdenUl ..,cad 'has Pon Hard Redinwo A0 on 1992 N2 U.S.0 401-4655L sad bw p5wt mApm of To homonmg mpWtorLs at 24 C7,R Part 35, St:bparts A, D, H, J, K, N4 and R anp!y to activities under TO gm: program. The SA=j"t m,iyt a:�. ooi-nply %vith he Lc, A Renovation, Repair. and PAIng Program Fnai Rule, 440 CA- R, Pa-.t 70 whwe�. nmvble SECTION 21 PREVENTION OF WASTE, FRAUD, AND ABUSE A SaWrespew skli wakht mTWj and Mhe taverns ad pr eniures to prevent, detect, ad want wasw, Awd, and aaus- in activities !'.raced ,finder this Contract The ;M ms and procedures AWI x1cimm possible waste, fraud, and amy t sowtww as wy*eev Own vendors, w4mracc, WkwnvM and WMA"my nwvci nrwnztI ccnnN Votans and all UnnOws mW omar YgiAlkarit emys are to be coal dommm,ed, TO Me A owslaw a tc A mk# "&MY 5"norywrOg by IlTartmn� shal' gryc Dcpalment C,,omp1c:e aces to 2l_ its records, em,,,:oy"s, and agents _Or tho jAapoSe r :i car investieati v to PSG jymm SONT141; Shall drinedaMly notify D"amment of any Twomey n� MWO, I", or ahn &%cipiem dwh Adly coopuate with Deparimcnt's efforts to detect, investigate, and pr,ve-,! v� o, Prated, and abuse. mw ;-,o! qa�nst am, employee o' 'A«e, persn• wno -cpoa a vio-lation of t,�ie to-m", 0! lh� cont"Ict, i)r "i any law ;i refulatiem, to 'Department or to ant' approp;-olc ha,,v enforcement authority, if the rcpnrt mve . ;wd 11!11 Page 9 of 20 SECTION 29. CERTIFICATION REGARDING UNDOCUMENTED WORKERS I -rsu un to Cc :y: ter 226 0' "'exas Government Code, by execution of this Contmc , Subrecipient heresy c�em6e, ilia! St.!irccipiew, o; a brands, div sion, or department of Subrecipient does not and ,vdl not knowingly employ an undocumentA worker, wli-�re "undocumented worker' means an individual %V110, at the time of employment, IS ^,. lawful :y admitted for perminent iesdcnce to the United States or authorized unar law to be einployed in that mannei i% Ole United States If, after receiving a public subsidy, Subrecipient or a branch, division, or department of Subrecipi:nt ;s Convicted or a violation under S U.S.C. Section 1324a (f), Subrecipient shad repay the public subsidy with interest, at the rote of five pe :ent (S ° -o) per annum, not later then the 120th day after the date the Department notifies Subrecipient of Mc, � ioiction 3ECTK)N 3U. CONFLICT OF INTERESTINEPOTISM A. 5tibreci ,ien, shall maintain written standards of conduct governing the p: rfbrrnance of its employees engaged in the award cnd administration of contracts Failure to maintain written ,,andards of conduct and to fbLow and enforce t -L %.ritten su- midards is a condlt on of default under this Contract and may result in termination of rite Contract :,r deobligancxi of funds B ° +o employee, of €icer, or ,:gent of Subrecipient shall pamcipate in the sc!ection, award, or t�.dmimstration of tt contract ittplioned by federal funds if a real or apparent conflict oi" interest would be involved. Such a conflict tiacr!it1 arise tiei?en the employee, off =cer, or agent, any member of his or tier immediate family, his or her partner, or an organization a ✓i Wh eniplays or is a?out ro employ any of the Parties indicated herein, I;as n financial or other interest in the ;irnt sec jed for a,t award. T , , ul,e aspires to the procureme +i( of goods and ;e;vices under 24 C F.R Pan 8> 36. C. The off—,ers, crnployees_ and agents of tic Subrecipient shall neither solicit nor accept gratuities, .`avers, or arr t;i p or monetary value from contractors, or panics to subagreernernts. Subrecipient� !nay set standards for situations in which the financial interest is not substantial or the gift is an unsolicited iterni of nominal value_ The standards of .onduet shall pr+.wide fot disciplinary actions to be applied for violations of such standards by officers, employees, or agents � f the Subrecipient. D, S fl-- recipient who are local governmental entries shall, in addition to the regt.lTements of this Section +0, toilmv tie cr_uir.tr :nts of C;`tapter .7j cif t'le local Govern;rnent Coce rcg�,ard tg onll ,.,s cf interest offeers of mumcipr,hlwi, co�tr' ;es. and certain other local governments E. "The provision of any tyre or amount of ESG assistance may not he conditioned on an individMl'S or f ralI,'s .teee-ptancc r uc-eupanc,- of erierge.ncy shelter or lv using oxiled by the recipient, t'te Subrecipient, a rarest or of the Subrecip cn 1� N; Su', :ecipient Hay, ,i -ith respect to individuals or families occupying housing owned by the Subrecipient, c. a .y }acrt tr sub_td;aTy of the Subrecipient, carry out the initial etialuation icquired under §576.401 of the Sederal Reeulati; ns or ad ;sinister horneiessness prevention assistance under X576,103 of the Federal 12egulation.v. SECTION 31. POLITICAI_ACTIVITYPRONIRITED A None of the funds provided < rnder this Contract shall be used for ;nfuercing the outcorne of mi.v election, Or [1e passage or defeat of any egislative measure. This oroliibition shall not be construed to prevent any oftic;al e, en�.p!oyee of Subrecipic: t from, furnishing to any member of its governing body upon requcst or to an;i oilier local or state iflc^,al or crnploy r al c:e or to any citizen information in the rands of e employee or official not considered under aav to be fidential iid6tma(ion Any action taken against an c npu)yec or official for supplying s.ich inftr tat�cn sha the person lrwiatilt ;; tiie action to immediate dismissa� from emplcvmerd B No unds provided under this Contract may be used directly or indirectly to hire employees or In any other way fend or ppe cancldates for t're legislative, executive, or judicial branches of ,o%er1l11!c7t of Subrecipi n:, tlic Sta'e of Tcxss, or l :le gov'rnmen, cftlic ( ;nit.d Stales Pal-c 10 M'20 SECTION 32. NON- DISCRIMIvATION, FAIR HOUSING, EQUAL ACCESS AND EQUAL OPPORTUNITY A A person shall not be excluded from participation .n, be denied the (,eneflts of', be subjected to discrimination under, or he denied err:ployment in tlae administration of or iu connectior� with any program or activity fended in whole or in par, r- rit'it funds made available under thin Coiaract, on the grounds of race, color, rcligton, sex, national origin, age, disability, aolitical affiliation or belief 13 ,S.,nrecipie :a agrees to carry out an Equal Employment Opportunity Program in keeping with the primiplas as provided at Presidenf5 F,xeeut(ve Orch:r 1 1245 of'September 24, 1965. C. 5uiusrrpictt ':rust meet t'-,c accessibility standards under (i) Section 504 of the Rer"aoihianon Ac! of 19 13 (5 U.S.C. 79 -t) and its unplementing regulations at 24 C F.R Part 8, (ii) the Fair Housing, Act (42 Lt,S,C. 3601 et scq.) as rr,Iom ntcd by HUD at 24 C P R Part 100 -115, 24 C.F,P. 892 250, 24 C FR §§92,292 and 24 C.F.R. 65.105(a), (iii) Titics 11 and Al of the Americans with Disabilities Act (42 U.S.C. 9§ 12131- 12'89; 47 U S.0 155, 201, 218 and 255) as mplcinernted by U S, Department of .Justice at 28 C.F.R. farts 35 and 36, and (iv) Cie Equal Opportrmit" m Efousing !Executive Order. 1'063 as amended by Executive (1rdcr 122591 ar,d 4 implernenting reg,uiations at 24 CFR 1) Subrc °ipients shall operate each program, or activity receiving ESG financial assistance so that the program or aclivit}' wren in its mt.,etv, is readily accessible and usable Ly indviduais with dis n,iities. Subrmpicnis are also rcq, :!red to ; rovide reasonable 2ceommodations for persons with disairiitics. ;'crc ,?ier,t w 11 - nciudc tht suustanee of Seenell 32 in r.11 subcontraeis SECTION 33, CERTIFI( AT ".ON REGARDING CERTAIN DISASI ER RELIEF CONTRACTS The may not award a Contract that includes proposed financial participation by a person who, during the live �rca, period preceding the date of this Contract, has been convicted of violating a federal law in connection with a contract aw;;rdcd oy the Cederal government for relief, recovery, or reconstruction efforts os a result of Hurricane Rita, as defined r Scnor % 459 of the Texa =Utilities Code, hurricane Katrina, or any other disaster ocu tang after September 24. 2,)05; r a,ossed a vct)alty n. a :ceeral, civil or administrative enforcement action in connection with a contract awarded by the fodera: govc1nmen1, for relief, recovery, or reronstruction efforts as a result of Hurricane Rita, is defined by Section 'o ?�° nt ... Icxa� Utilities Cvde, Nt��' cane Katrina, or any other disaster oocurri ^g aher Se�ten ^bar 4, �C05, 3y execution, of this the Subrecipient hereby certifies that it is eligibic to partrcipz.te in ESG and ecknow!enges "iat this C'onL act may be te-miratcd and payment wit'nheld if this certification is n accurate. 535CE[ON 34. CERTIFICATION REGARDING MAINTENANCE OF EFFORT Funds rro,ided to Subreerpient under this Contract may not be substituted for funds or resources from any other source or at way serve Io reduce the funds or resources which would have been available to or provided through Subrecipient ad thy, Cent,.;act r ^ver peen exF ^used. SECTION 35, DEBARRED AND SUSPENDED PARTIES signing Lhis Contract. Subrecipient certifies that neither it no- its current principle parties are included in the Excluded Parties List System fEPLS) maintained by the Genera! Services Administration (GSA). Subrecipient also ceRifies timt tt %wl rot award any funds provided by this Contract tc any party that is debarred, suspended, or otherwise excluded from or �n0g,bic for narticipahon :n federal assistance programs under executive Order 12549. Subrecipient agrees that, lino' to etc ;r; into any agreement with a potential subcontractor procured by Subrecipient or prior to awarding funds under this or.L„ r to a Putenliai surcrantee, that the verification process to comply with this requirement vvill l;e acco-npiishcd h, hu:k ng .,c IiXC1u dCd Pasha System at hops .0 anvsam goy or by collecting cerfrficauon t;om the rntenbal +ubcotrtrncttu Page I I of`20 SECTION 36. SPECIAL CONDITIONS A Department shall not :elerse any funds under this Contract untl.. Deparl.m.ent bas received a properly co :p'.eted Uxt:ct )ep,osit Auihoriaation fora t-ont Srbrccipiect 3 Subrccipient shall obli -ate lace nigh term is defined in 24 C,F.R_ 4576.2 i) all :",;nds provi ie., Under tl'is C0111ract ,v)thin 1 "0 days as of ditr ir, Suhrecipient's aware! letter Department ts-i[i ieeapnire any funds not so obligated C. Subrccipient shall Unsure that any building rehabilitated with funds plmded under this Contract is riainwined as a clter for tire homeless for not less than a three (3) -year period or for not less than a ten (10) -year period if such funds arc uscei for major reht.bilitation or conversion of the building. The applicable period shall be calculated in accordance with 24 C F.:2 §576,103 D If Subrecipient uses funds received under this Contract to provide essential services, hooce!ess prevention, or r-ia.r .erati.ce ttnd open -,tang costs, the activities must be, carried out until all of the funds made availa'o;e undo, inns C' .nt pct for such ackvitics an: expended or for the Contract Term, whichevei is shorter. Subrecipient may use one or �-io-e sites or structures to carry out the activities but it must serve the same general ,,opulakion The `same ,erte al nour,at ;-n" -team vas of homeless parsons originally served with the funds or persons m the szm oprauhianl area 11, Subrecipient shall make known that use of the factiitics and services ",Unded ender , "its Contract are available to all or a oor.disciiminatory basis. Subrecipient a so must adopt and implement procedures designed to make available to i° terested parsons infoura'.ion concerning the existence: and location of' services and tacilities that are accessiHe to [ersons ""rith a disabil;ty. F. Subie,cipient shall admit iswr, in good faith a policy resigned to ens-we that its homeless facility is tree t.; m till, it algal se, possession, or distribution of drugs or alcohol. (i f or any ESG activiies anal would res,,tlt in the displacement of persons or businesses, Subrecipient mist folbw Iiniform Relocation A stance and Real Property Acquisition Policies Ac of 1970 (42 U S C. § 4201 :655) fURAI an ins implementing :e ulati ns �a 49 C,F.R Part 24, Subpar* B, and HUD Har.dbor,k :37'3. ent shat(, ;o the maximum extent pract cai,le, imolvc, through e :,iploymi'nt, volunteer .ser %iccs, or ot'�en die, ho,neles ind,viduals and faciks in constructing, renovation, maintaining, and operating facilities assisted under gals Contract, in providing; services assisted under this Contraci, and in providing services ter occupants o` tcihttcs essisted under t.'tis Contra,:t t Subrecip ;i-nls utilizing ..SG funds for renovation, repair, rehabikti,tior, or c�,nv,,sion of huildin s aie „spowihe vur o ;npl with 24 C Fart 135, referred to as "Section 3." and shall include the clauses listed in §I:iS:±R in u„ ,Acontracts covered by Scci on 3. Horneless individuals have priority over Section 3 residenis Cf Subrccipient intend; to provide emergency shelter for i�omeless persons ;n hotels or motels, or o1w, c, mrimerc,a1 fac;litie:; providing tt r-Nie!it housing, Sub :cuipie'it must provide the Department with a certification r , ,: (I) (cases a �oratrd between Su recipient and providers or Sich housnp provide or will provide that the living space v,iC be rented it substantially less that the daily room rate otherwise charged Lw the facility; and lLl the Subrecipicn', iirts ooas i -,red other faciiires as emergency shelter, and has defer ine nao ure of the facil ies prov;des the mgt;; ,ost- effec,L:vu means A,pr ±ivi ing emergency shelter in its service area S Suhlccip ent shalt develop and implement procedures to ensure the confidentiality o.° records pe tiring to any hta :vie'.uol provided fumily violence prevertion or treatment services under any project assisted under th's wad tha: file addfusn ,; ;a- cation of any family violence shelter protect m tst;,d .vat, except with written authorization; of the p:ason or persons respansible for the operation of such shelter, not be made public. I_ Su re i -,rit snap ens :ae ilrat any building for which BSG amo;:nts arc used for renovation, conversion, or maor reheb;lrtt._ion must "get local government safety and san,ta,i n s,andards and shelter and housing stand'' -ads as c, :lined iii 2575 %ii(3 ot't:he ESC, Regular ons y M N c o: Coe funds pro")dcd under this Contract may be used in connection with any dwelling unit unless Ct;e unit is f,rolectcd by a hard -wired of battery- oporatcd smoke detector in, :alIcd in accordance with National Pirc "'mection _rsociat!on Standard 74. Page 12 of 20 SGC T0N' 37, N0 ":AINTR Any tiLhi or Terri dy omcn to Department by ills Contract steal! not preclude ;Ire existence of any other right or remedv . ncithcr shall :iny action taken in the exercise of any right or remedy be deemed a waiver of any other right or remedy. he tciiurc C)f lDcna! -Imcnt to excrcisc any right or remedy on any occasion shall not constitute a waiver of Dept+rt rue Fit's right to cme %!,c :htit nr t:nv other right or remedy at a later tune. SIsCTION 3S. ORAL AND W'Rrr'rEN AGREEMENTS A A'J wa! and vtritten yctwcen the nalies to this Contract relating to thc subiect imatter of this Contract have lean red-ve to writing and are contained in this Contract, t3, 'iFe attac'nments enumerated and denominated below are a part of this Contract and constitute promised perlbrmances rider ti°is C'ontnwt I - Performance Dcc>ament Exh,li,* 3 - Budget Lxhibit C - ?date Document 4. tsha;tt D - Applicable. I_awv and Regulations i.-xh bit P. - Certification Reltardmg Lobbying for Contracts, Grants, Loans; and Cooperative Agreements SECTION 39, SEVERAB11,17 Y al",, secti, +n or provision o' tt�.is Contract is held to be invalid er unenforceable by a court or an administrative tribunal of rnhei n'. i.1: ('diction, the remainder shall remain voted and hirding SECTION -lid. COPYRIGHT bc rrc�it may coc }right rna.e-'als developcd in fl-e performance of this Contract or with t nds expcndad under this moo: tract. Leparinwnt a:)d HUD shall each h::ve a °oyal y -free, nonexclusive, and irrevocable right to reproduce, put)hsh r othc:' r :, and to autl�orize others to use, the copytighted work for government purposes. SVC'I ION dl. USE OFALC'(gIOI.ICBEVERAGES Fu::ds pro,_ded under this Contract may not be used for tic payment or salaries to any Subrecipient's employees who use ale =rLoiic beverages while on active duty, for travel expenses expended ft)r alCOnolic beverages, or for the perchMe o1' �1. ohc,hc i >ov., acs bECI ION 42, iAITHRASED AND sECrARIANACTIVITY unds ,rovuicd under this Contract may not be used for sectanan or nheren`!y religious activities such as worship, clieic,.,s :ns, :, ict!on or p:oselvtizwt on, and must bcc for he i;encfit of persons reeardlcss of reha o s a`)'Jjatioc. zubreupient shall comply with the regulations promulgated it -24 C.F.R, �5 1) 405, SECT [ON 43. FORCE NIA.JLRE the ab,gations are del. }ed by the follow i��g, an equitable adjustment will be made for delay or fai�ure to pc tarn, I eraunder %r v of `ol:owung events i,) catastrophic weather conditions or other extr ordira7y elemen's of nature o- acts o' (oc1 t „) [:cw of wtzr fucclarcd or and clured), (iii) acts of terrorism; msorreUion, ruts, civil disorders, reheiiion or embargoes and other siini c,i u-tusual a c [ I o I I S o' federal, prov naiad. vocal or t'areign Go�-cm�ne�tal .•vuthoratcs; and f3 '11rc nor.- ; :eribrtnino party i�, without fault in causing or ta'ling to prevent the occurrence of such event, and such occurrence could not hive been circumvented by reasonable precautions and could not have been prevented o c ratm;,ented through tLc use of-commercially reasonable alternative sources. workaround plans or other means. SECTION 44, TIME IS OF THE ESSENCE Tine is of ::rc k'ssct,ce wieF :aspect to Su'ac �picnt's Compliance with all covcnaits, P,grcemcnts, terms and conditions of '.' :i�. Contract Page I ” of 20 SEC'T'ION 45. COUNTERP,IRTS AND FACSIMILE SIGNATURES Th;s Contract may ue executed in one or more counterparts each of vvhwi,. shall be deemed an original but all of which together shall constitute ore and the same instrument. Signed signature pages may be transmitted by faesi,niho or other electronic transmission, and aay such signature shrill have the same legal effect as an original. SECTION 46. NUMBER, C, ENDER Unless the Context requires otherwise, the words of the masculine gender shall Inchide the feminine, and singular ,words shall include the plural SECTION 47. NOTICE A, 1: notice is proviced concern :ng this Contract, notice may be given at the following {herein referred to tis "Notice Address "1 As to Department: TEXAS DPPARTMENTOP HOUSING AND COMMUNITY AFFAIRS P C Box 13941 Austin,'fexa; 7871 i -3941 Attention- Michael De Young Icle? hone (512)475 -2125 Fra ; >'2)475 -3935 nichreLdeyoung- tdhea :itateixus As to Subrecipient: City O!'Beaumont PO Box 3827 IIE�,URIONT, TX 77704 Attention: Kyle Hayes, City Manager Telephone: (409) 880 -3716 Fax: (409) 880 -3112 Emil: khaycs�ci.beaumont.tx.LIS B. All r.ouces or otb.cr ccnimunications hereunder shall be deemed given when delivered, mailed by overnight service, or five da) -s rifici moihng by certified or registered mail, postage prepaid, return receipt requested, addressed to the appropriate Notice Actress as defined in the above Subsection A of this Section 47 SECTION 48. VENUE: AND JURISDICTION This Contract is and intended to be performed in the State of Te,:as 'FOr purposes of litigation narsuant to this (-on °.race venue shall !:c in Tr)vis County, Texas. EXF.,CUTED to be effective on October 01, 2013 City of Beaumont a political subdivision of the State of Texas Title. Vatl'; TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas Dy I flC: lts d,.lV authonzcti officer or representative Cate Page 14 of 20 TEXAS DEPARTMENT OF ROUSING AND COMINIUhITY AFIAIRS CONTRACT NO. 42130001767 FOR THE FY 2013 EMERGENCY SOLUTIONS GRANTS (ESG) PROCiitAM CFDA NO 14231 EXI -IIB1T A PF- RFORMANCE DOCUMENT City of Beaumont a political subdivision of the State of Texas Performance Statement October L 20,13 - September30, 2014 FINANCIAL EXPENDITURE REQUIREMENTS: To assure the tune -1v and appropriate use of ESG funds, the Department hs established tine following expenditure benchmarks. 1110 Departrrc t '.v :l eview Subreeipien. perfoanancc in expending program funds -on a .uwleily hasis_ Subrecipient is advised that failure to expend finds in a timely fashion may affect fu,Ure funding opport unities. Subrcu;icniS n ur, 6o1 OW the folloaln. e >penditt e schedtde Comma--! 10 " "; c<pendc +d z> provided in the Budget by the end of the irst quarter -December 31, 2013. Cott, ,t 4Y/,; exn t co as pr: :ded ire the Budget by the end of the second quarter Ibtardh _ . 2 ",14. Contract 7554; expcn erd as prov;ded in the Budget by the end of the third quarter -.fume 30, 2014. Contra_, l Y ,', pended as provinec 11 the 131 ripe' by the end of the Contiact'fcnn (foorth qua;,,cr) September 30, PROGRAMMATIC PERFORMANCE REQUIREMENTS: To a:saTc �t:,- timclp and a pronrrrte use of ESG funds, the Depattmcntt has ;ir;luded the tollowing performance SchCdUle ass Tar of the Contract tiubrcci,ttent will establish targets for crag ^tm activities and will report those targets to the Department via ;he Targets SpreadNih(!c( i'nmrr ,upplemern to cis Contract which will be emnded separately to the Subrecipient Subrecipient will report Performance on a nom ?rly bass to !ho Department Through the Community Affairs Contract S�,stem, and the Department viii review Subrecipient pert'ori ante in rneenrg pregr:m loigcts on a quarterly basis. Sta'orecipient is advised (hat failure to provide pnagram wrvxes ecccrc{arn -c v;r!t the t<irge- established by the Subrecipient may affect future funding opportumttes. Subrecipient -wst !b{l ,w the following perl'orrrtanoe schedu''e No le ,s tta . r ' a;! targets, as estabii ished by the Subrecipient met by the e!,.d of the fi it quarter- December 3 I, 2,',) 12 No less t tar " �0 �� ,'J txg ts, as estat !ished by the Subaxipient met by the end of the second quarter -March 31 2-0114 NO les, t,,n: ,.1 ,'!. 1&g ts, z�s Lp tine Subrecipient met by the enr! of the the d cuart r -lone 34, 2014 10)" ', , a i taints_ a- established bti 111 e Sill. recipient met by the ent: oPt is Cowract Te a ift;uri" gaa,,er) -S,,ne veer 30, 20 i4. Pace 15 cif 20 I'ESAS DEP.ARINIENT OF HOUSIVG AND CONINlt,NIT7' AFF .AIRS CONTRACT NO 42130001767 FOR I HE fY 2013 13 Prt]iCiCiENCYSOLU'T'TONS GRANTS t'I-:SC7) Pi�OGiiAP'T CFDA NO, 14,231 EXHIBIT B BUDGET City of Beaumont a political subdivision of theState otTexas DF,PARTMENT FINANCIAL OBLIGATIONS 1TIONS Budact Category Cateaory'Ibtals Street Outreach S 31,600,00 Shelter S33,760.00 Operations S 33, 76000 Homelessness Prevention S65,918.00 Housing Relocation and Stabilization Services -HP Financial S 1,200.00 Housing Relocation and Stabilization Services -HP Services $ 12,5;8.00 Tenant -based rental assistance -HP S 52,20000 Rapid Re- Housing S 65,4 ^,2.00 Housing Relocation and Stabilization Services- RRH.-inancial $ 6,249.00 Housing )elocution and Stabilization Services-RIM Services S 6,460.00 tenant -bused renta.' ,assistance -RRH S 52,763.00 Homeless Manaf,ernent Information System (IIMIS) S 9,500.00 Administrative Costs S 9,243.00 TOTAL S 215,493.00 Additional funds mad be. obligated -ia Amendment(s), Funds may only be obligated and expended during the current C'cwract Term. Cnex ended fund balances will be recaptured. FOOTNOTES TO BLDGi?T FOR AVAILABLE ALLOCATIONS: Subrccipient must request in writing any ad_ustment needed to a budget category before TDHC'A vri:l make any adjustmews ;u the budget categories Only those written request(s) from the Suhrecipients received at least 60 days prior to the end or the Contract Term will be reviewed. TDIICA may decline to revhew written requests received during the final 60 days of the Contract Term. Naximun ;r adir,n St Llion based or 3.75 %.rf the to:a; allcu::n(e axpenditwes excluding ravel for tramirg. Subrecipi:nt may app k 1'11,1ds to pay for travel costs incurred to attend the SeptemucIr 17 'F, 2;113 P% 1''rc,grun ',x'orkshop held in :1ustm, Texas Page 16 ol'20 Other Non -ESG HUD Funds Other Federal Funds State Government Local Government Private Funds Other Fees Program Income MATCH TOTAL TEXAS DEPARTMENT OF HOUSING AND COMMUNDW AFFAIRS CONTRACT N0- 42130001767 FOR THE FY 2013 EMERGENCY SOLUTIONS GRANTS (ESG) PROGRAM CFDA NO 14231 EXHIBIT C MATCH REQUIREMENTS DOCUMENT City of Beaumont a political subdlvislon of the State of Texas Page 17 of 20 $ 14,783.00 $ 0.00 $68,510.00 $24,000.00 S31,728.00 $ 76,472.00 $ 0.00 $0.00 S 215,493.00 Subrecipteit 3h li match then award amount wlfln an equal or greater amount of resources :: "nom other than ESG Rinds in acccrdanee with the following reyuirea�,c��!s Eligible Sources of Match• o anv suure incl.iding any hederal sot rce (except for ESG) o any, state, local, and private sources If using Federal sources, the following roles apply to Mitch Funds: o the ImNs eny so.ncc to be used as match must not prohibit those titnds from being iced as match, o i f ES(i runds arc to be uscd as match - -or another federal program, then that program may not be used as match for ESG. Recuilnition of'tiatehim. Contributions: C) Match, funds mast meet all the rec- ui-ements that app:y to £SG funds (except expenditure limits) o hlaicharg eoatribu ;ions mast be provided from July :7, 2613 through Se tember 30; 2014 o Cash conml)Lu is rls must he expender within the expenditure deadline during the Contract Term o Owlt:ibuticrisnurst be n:a6-�wi- hint; -,ecxpendif.;re de.dline(abovel o toed tri a prwi, us €..SG grant may not he used to niatch c sub yuzrnt g ant o Contrib,itions 4 ,d to math ancr xr federal grant may riot be ,:sed to match ESG Eligible Ttoes ofblatchint., Cpntrihution5L I. Cash Contributions -Cash expended for allowable costs as defined m OMH Circulars A -67 (2 C tr.ii Part 225) anti A -',22 ;2 C F.R. P,z . -A of the Subrecip ent. Sc irces of cash contributions may include private aonae ions, or grants, from Ioun:ations , nonprofits, or local, state and federal Jl:nas. 2. Non -Cash contributions - Non -osh contributions arc the value of any real property equipment, goons, or services eoivributod to the &��brecipient'r. ESG program, provided that they would be allowable if the Subrecipient had to pay ,or them, Cots paid ,y program income clan r,; the Grant period are to be consdered as r.,atch provided tt,�y arc eligible co ;ts that tite ESG program Page 18 of 20 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY .AFFAIRS CONTPLACT N0. 42130001767 FOR THE FY 2013 EMERGENCY SOLUTIONS GRANTS (ESG) PROGRAM CFDA NO. 14 231 EXIIIBI; D APPLICABLE LAWS AND REG1_1ATIONS City of Beaumont a political subdivision of the State of Texas These applica!bie jaws include but are not limited to Homeless Emergency Assistance and Rapid Transition to Housing Act, as Amended (42 U.S C :1302 ci sec.) 24 C F.R. Part 55: 24 C.P.iz. fart y 1; 24 C.P.R Part 576; 24 C F.R. Past 582, 24 C.F.A Pa-(5S3, Applica' Ie O'''iceciManagem -nt and Eudget (OM€3) Circulars; l0 Texas Administrsttive Cr�ie, Chapter ],and Chapter 5, Subchapters :1, and iC Page 19 of 20 TEXAS DEPARTMENT OP' HOUSING AND COiNIMUNFFY AFFAIRS CONTRACT N0, 42130001767 NOR THE FY 2013 EMERGENCY SOLUTIONS GRANTS (ESG) PPOGRAM CFDA NO. 14 231 EXHIBIT E CERTIFICATION REGARDING LOBBYING FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIS'E AGREEMENTS City of Beaumont a political subdivision of the Slate of Texas 'The ondessigncd confides, to the hest of its knowledge and belief, that: I No federal appropriated funds have been paid or loll be paid, by or on behalf of the undersigned, to any person for influcncir,g or attempting to influence an otTieer or employee of an agerrey, a member of congress, an officer or employee of coy gross, or an employee of o member of congress in connection with the awarding of Lilly federal contract, the making of any federal grant, the snaking of' any federal loon, the entering into of any cooperative agreement, or :rodification of any federal contract, grant, loan, or conperativ -e agreement. If any funds other than federal appropnatcd funds have been paid or wil, !ne paid to any person for influencing or atteittf.ting io iniluenC an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a mcinher of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall co np :er: and submit standard form -LLL, "Disclosure Form to Report Lobbying' , in accorcance wi;h ;ts instructions, 3. Fhi,, undersigned shall tecuire .hut the .a ^.gunge of this cerr:fication be included in the av ,rtrd documonts nor ail sa - s��ards at all t_crs (including subcontracts, sub - grants, and contras under grants, loans, and coopetmive agreements; and that all air- ec +i: ;ems shall certiA and disclose accordingly. This ce ificetion in material representction of fact on which reliance was placed wizen this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering ir�to this transaction imposed by Section i352, Title 311, U. S Code, Any person wl•o fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and nor more than 5100,000 t'or each such tdllure, City of Beaumont a political subdivision of the State of Texas By Title Date Page 20 of 20 WORK SESSION * Receive a report from the Greater Beaumont Chamber of Commerce