HomeMy WebLinkAboutPACKET OCT 23 2007 (02)Citi of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS OCTOBER 23, 2007 1:30 P.M.
CONSENT AGENDA
Approval of minutes
Confirmation of committee appointment
A) Authorize the City Manager to execute an Interlocal Agreement with Drainage District
No. 6 for the installation and maintenance of the Gulf Terrace Detention Facility Hike and
Bike Trail
13) Authorize the City Manager to execute all documents necessary to accept funding from
the Department of State Health Services (D. S.H.S.) for the W.I.C. Grant FY 2008
C) Approve a renewal of an annual maintenance agreement for Zoll Data Systems software
support
D) Approve a Change Order for the renovation of the elevator at the Civic Center
I:) Authorize the acceptance of a ten (10) foot wide exclusive Water Line Easement out of
the A. Williams Survey located at 2660 IH 10 East
i:.
BEAUMONT, TE
SS
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Tom Warner, Director of Public Works
October 23, 2007
REQUESTED ACTION: Council authorize the City Manager to execute an Interlocal
Agreement with Drainage District No. 6 for the installation
and maintenance of the Gulf Terrace Detention Facility Hike
and Bike Trail.
RECOMMENDATION
Administration recommends Council authorize the City Manager to execute an Inter Local Agreement
with Drainage District No. 6 for the installation and maintenance of the Gulf Terrace Detention
Facility Kike and Bike Trail.
BACKGROUND
The proposed hike and bike trail will be constructed on the Drainage District No. 6 (DD#6) Gulf
Terrace Detention Facility located on Phelan Boulevard east ofKeith Road. The recreational trail will
traverse around the detention facility on Phelan Boulevard, extend along a drainage outfall easement
and end at the drainage detention pond on Dishman Road. Total length of the trail is approximately
2.5 miles. Parking facilities will be provided at the Phelan Boulevard entrance to the trail.
The Interlocal Agreement outlines the responsibilities of the District and City in regards to the
construction and maintenance of the hike and bike trail. A copy of the agreement, in substantial form,
is enclosed.
BUDGETARY IMPACT
None.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby, authorized to execute an Interlocal
Agreement with Drainage District No. 6 for the installation and maintenance of the Gulf
Terrace Detention Facility Hike and Bike Trail located on Phelan Boulevard east of Keith
Road. The agreement is substantially in the form attached hereto as Exhibit "A" and made
a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
October, 2007.
- Mayor Becky Ames -
RESOLUTION NO. 07-325
WHEREAS, Jefferson County Drainage District No. 6 has agreed to convey a
7.309 acre easement, as described in Exhibit "A" and shown on Exhibit "B" attached
hereto, to the City of Beaumont for the purpose of constructing and maintaining the Gulf
Terrace Detention Facility Hike and Bike Trail on Drainage District No. 6 property; and,
WHEREAS, the City Council has considered the purpose of said conveyance and
is of the opinion that the acceptance of said conveyance is necessary and desirable
and that same should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the easement conveyed by Jefferson County Drainage District No. 6, as described
in Exhibit "A" and shown on Exhibit "B" attached hereto, be and the same is hereby, in all
things, accepted for the aforestated purpose.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of
October, 2007.
Becky Ames -
IM HE "V% PAGE 1 OF 5
FIELD NOTE DESCRIPTION
FORA
7.349 ACRE EASEMENT
OUT OF THE
A. HOUSTON LEAGUE, ABSTRACT 33
JEFFERSON COUNTY, TEXAS
ER 7, 2007
That certain 7.309 arae tract out of the A. Houston League, Abstract 33, Jefferson County,
Teras, being out of a called 209.07 acre tract conveyed to Jefferson County Drainage District
No. 6 as recorded in Film Code 103406-2383 and Film Code 103-06-2396 of the Real Property
Records of Jefferson County, Trus, and a called 11.80 acre tract conveyed to Jefferson County
Drainage District No. 6 as recorded in Film Code 103406-2472 of the Real Property Records of
Jefferson County, Texas, and a called162.89 acne tract conveyed to Jefferson, County Drainage
District No. 6 as recorded in Film Code 103-43-0139 of the Regi Property Records of Jefferson
Cotmty, Texas, said 7.309 acres being more particularly described by metes and bounds as
follows:
Commencing at a W steel rod found it the north right of way line of Phelan Boulevard, said
point being North 00°iT24" West, a distance of 30.00 feet, of the southeast property corner of
the said 209.07 acre tract and the southweet property corner of a called 56.974 acre tract
comreyed to Jefferson County Drainage District No. 6 as recorded in Clerks File 2002013054 of
the Official Public Records of Real Property of Jefferson County, Texas;
TI'HtNCE North 89°53'32"W West along said north right-of-way line of Phelan Boulevard and
the swarth line of the said 56.974 acre tract a distance of 259.18 feet to a Point of Beginning of
the centerline description for Alignment "A";
THENCE North 00° 04'43" West, departing said north right-of-way line of Phelan Boulevard, a
distance of 334.84 feet, being a 30 feet wide parcel extending 15.00 feet on each side of said
centcxliae to a point;
THENCE coming North 000 04'43" West a distance of 90.00 feet, being an 80.00 feet wide
pami extending 40.00 feet on each side of said centerline to a point;
THENCE South 89°5621" East a distance of 31.0 feet and extending 0.00 feet on each side of
said centerline to a point, said point being the big of a 20.00 feet wide parcel being 10 feet
on each side of said centerline;
THENCE North 00°2224" West a distanw of 139.97 feet to a non-taageut point on a curve to
the left and herein to as Point W;
Tcontinuing along said curve having a radius of 75.00 feet', central angle of 79°50'23",
arc distance of 104.51 feet„ chord bearing of North 39°4459" East and a chord distance of 96.26
feet to the point of tangency of said curve;
EXEDM T "A", PAGE 2 OF 5
THENCE North 00110'13" West a distance of 552.11 feet;
THENCE North 00°55'23" East a distance of 1,708.22 feet to the paint of curvature of a curve to
the right;
THENCE along said cum having a radius of 400.00 feet, central angle of 11 °04'32", arc
distance of 77.32 feet, chord bearing of North 06.2739" Fast, and chord distance of 77.20 feet,
to the point of tangency of said curve;
THENCE North 11 *59'54" East a distance of 300.45 feet to the point of curvature of a curve to
the left, herein referred to as Point `B", said point also the Point of Beginning for Alignment
D".
THENCE along said curve having a radius of 100.00 feet, central angle of 101°57'2T', arc
distance of 155.54 feet, chord bearing of North 380 54'39" West and a chord distance of 155.54
feet to the point of tangency of said curve, herein referred to as Point "C" and also the Point of
Beginning for Alignment "C";
THENCE North 890 57'33" West 35.00 feet perpendicular to and parallel with the common
north line of said 209.07 acre tract and the south line of a called 200 acre tract conveyed to A
Huston Properties, LLC as recorded in Clerks File 2003030222 of the Official Public Records of
Real' Property of Jefferson CounM Texas, a distance of 2,360.96 feet to the point of curvature of
a curve to the left;
THENCE along said curve having a radius of 80.00 feet, central angle of 89°52'08", an arc
distance of 125.43 feet, chord bearing of South 45" 01'59" West; chord distance of 111.95 feet to
the point of tangency of said curve;
THENCE South 00°10' 19" West 14.00 feet perpendicular to and parallel with the common west
line of said 209.07 acre tract and the east line of a tract conveyed to the Lower Neches Valley
Authority as recorded in Volume 948, Page 160 of the Deed Records o€Jefferson County, Texas,
a distance of 2,721.76 feet to the paint of curvature of a curve to the left;
THENCE along said curve having a radius of 80.00 feet, central angle of 91030'14", arc distance
of 127.76 feet, chord bearing of South 45° 35'36" East, chord distance of 114.59 feet, to the
point: of tangency of said curve;
THENCE North 88° 40'05" East a distance of 2,295.41 feet to the point of curvature of a curve
to the left,
THENCE along said curve having a radius of 75.00 feet, central angle of 09*59'55", arc
distance of 11.78 feet, chord bearing of North 84x10108" East, chord distance of 11.77 feet, to a
point on the curve previously identified as Point "A" and containing 5306 acnes of land more or
less.
EXEE[Brr "A", PAGE 3 OF 5
Beginning at Point -W; as previously desc rilW herein, said Point being located at a point of
curvature on Aligament "A", the beginning of a 20.00 feet wide parcel being 10.00 feet on each
side of the following described alignment;
THENCE North 11' 59'W' East a distance of 45.49 feet to the point of curvature of a curve to
the left;
THENCE along said curve having a radius of 400.00 feet, central angle of 15°03'51", arc
distance of 105.17 feet, chord bearing of North 04° 27'59P ]East, and a chord distance of 104.86
feet, to the point of tangency of said curve;
THENCE North 03° 03'56" West passing the common north line of said 209.07 acre tract with
they south line of a called 11.80 acre tract eyed to Jefferson County Drainage District No. 6
as -recorded in File 2003051955 of the Rent Property Rcoords of Jefferson County, Terris, at a
distance of 691 fent, and continuing along said bearing for a total distance of 24.27 fed to a
point herein referred to as Point "W,
THENCE North 03603'56" West a distance of 82.91 feet to a point of inflection, said point being
15.00 feet perpendicular to the common west line of said 11.80 acre tract and the east line of said
20X1 acre tract;
THENCE North 00°02'22" West,15.00 feet perPeadicuilar and parallel with the common west
line of said 11.80 acre tract and the east line of a said 200 acre tract, a distance of 3,106.19 feet
to the point of curvature of a curve to the right;
THENCE along said curve having a radius of 100.00 feet, coral angle of 52010'25", arc
distance of 91.06 feet, chord beating of North 26' 01'53" East, and chord distance of 88.00 feet,
to the point of tangency of said curve;
THENCE North 520 08'03" East passing the common east line of said 11.80 acne tract with the
west line of a said 162.89 acre tract utt a distance of 121.95 feet and continuing along said bearing
for a total distance o€175.27 feet to the point of curvature of a curve to the right;
TH INCE along said carve having a radius of 100.00 feuk central angle of 37051'47", arc
distance of 66.08 feet, chord bearitrg of North Tl° 03'56" East, and chord distance of 64.89 feet,
to the point of tangency of said curve;
THENCE North 89059'50" East, 11.00 feet perpendicular to, and parallel with, the common
north line of said 162.89 acre tract and the south right-of-way line of Dishman Roam, a distance
of 5 70.3 1 feet to the point of curvature of a curve to the right;
XXM%Ti`'AA", PAGE 4 OF 5
THENCE along said curve having a radius of 100.00 feet, oral angle of 24141'25", arc
distance of 43.09 feet; chord bearing of South 77° 3928" Fast; and chord distance of 42.76 feet,
to the point of tangency of said curve;
THENCE South 651118'45" East a distance of 28.40 feet to a point, said pout being the end of
Alignment "B", and containing 1.971 acres of hmd, more or less.
Centerline Desoriotion Of____lAl',gnment "C"
Beginning at Point "C", as previously described herein, said point being located at a point of
tangency on Alignmcet "A", the beginning of a 20.00 fed wide parcel being 10.00 feet on each
side of the following described alignmerY ;
THENCE South 89'5733" East; 35.00 feet perpendicular to, and parallel with, the common
north line of said 209.07 acre tract and the south line of said 200 acre trail, a distance of 64.04
feet to the point of curvature of a curve to the left;
THENCE along said terve having a radius of 50.00 feet, central angle of 93006'23", chord
bearing of North. 43Q 29'1 r East, chord distance of 72.60 feet, gassing the common north line of
said 209.07 acre tract with the south lime of said 11.80 acre tract at an arc distance of 63.31 feet
and continuing along said curve for a total arc distance of 81.25 feet to the point of tangency of
said curve with Alignmea M", said point of tangency being previously descr!'bed as Point -D"
and containing 0.032 acres of land, more or less.
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INTERLOCAL AGREEMENT
"IRE STATE OF TEXAS
COUNTY OF JEFFERSON
This Interlocal Agreement ("the agreement") is entered into between the City of
Beaumont, a municipal corporation of Jefferson County, Texas and
State of Texas (hereinafter called "City"), and Jefferson County Drainage District No. 6,
a special district of the State of Texas (hereinafter called "District"). Both entities are
authorized to enter into interlocal agreements in accordance with Title 7 of the
Government Code of the State of Texas (Vernon 1996) Section 791.001 et Seq.
,Che City and the District agree as follows:
WITNESSETH
The City desires to install a 2.5 mile Hike and Bike Trail on District property beginning
at the Gulf Terrace Detention Facility and ending at the Chris Quinn Soccer Fields. In
conjunction with the construction of the Hike and Bike Trail, a parking lot will also be
constructed on District property between Phelan Boulevard and the Gulf Terrace
Detention Facility. The City and the District have agreed to the responsibilities of this
project on the following basis:
1. The City will be responsible for all costs of engineering, design, coordination
(to include bidding, letting of materials and construction contracts),
construction, and project management for this project.
2. The City will be responsible for the maintenance of the hike and bike trail, the
Parking lot and vegetation control within three feet of each side of the trail and
parking lot.
EXHIBIT "A"
HikeBikeTrailGulfferracelnterlocaL4greement. doc
3. The District will be shown as an additional name insured on the contractor's
insurance policy during construction of the trail with full indemnification
provided to the District by the contractor.
4. The cost of relocation of city owned utility lines and structures, if any, will be
borne by the City.
5. The District will be responsible for conveying a 7.309 acre easement
described in Exhibit A and shown in Exhibit B attached hereto, to the City for
the purpose of constructing and maintaining the Gulf Terrace Detention
Facility Hike and Bike Trail.
Executed this day of
ATTEST:
By:
City Clerk
ATTEST:
By:
Vice-PresidentlSecretary
2007
THE CITY OF BEAUMONT
By:
City Manager
By:
President
City Council Agenda Item
� c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Ingrid Holmes, Public Health Directo
MEETING DATE: October 23, 2007
REQUESTED ACTION: Council consider authorizing the City Manager to execute all
documents necessary to accept funding from the Department
of State Health Services (D.S.H.S.) for the W.I.C. Grant
FY'2008.
RECOMMENDATION
Administration recommends Council approval.
BACKGROUND
The Special Supplemental Nutrition Program for Women, Infants and Children (W.I. C.) is a nutrition
education and supplemental food program for pregnant and post portum women, breast-feeding
women and infants and children up to the age of five (5). The program also provides information on
healthy eating and referrals to health care. W.I.C. is a federal grant program for which Congress
authorizes a specific amount of funds each year for the program. The Beaumont W.I.C. program
operates at two (2) locations in the City and services approximately 3,700 - 4,200 participants per
rrionth.
BUDGETARY IMPACT
The W.I.C. Program is a cost reimbursement program. The approximate value of this contract is
$ 479,000.00
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute all documents
necessary to accept funding from the Department of State Health Services for the W.I.C.
Grant FY 2008.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
October, 2007.
- Mayor Becky Ames -
'.
DAVID L. LAKEY, M.D.
COMMISSIONER
September 25, 2007
Dear Contractor:
TEXAS DEPARTMENT OF STATE HEALTH SERVICES
1100 W. 490' Street • Austin, Texas 78756
1-888-963-7111 • ham://www.dshs.state.tx.us
TDD: 512-458-7708
Enclosed are two copies of your Department of State Health Services (DSHS) contract. Please
sign and return both copies to this unit as soon as possible. Your contract will be signed by
DSHS and returned to your agency. Changes made to any portion of the contract documents are
considered a counter-offer and are not valid without DSHS written concurrence.
DSHS will not pay for reimbursements submitted/postmarked more than 60 days after the end of
the contract term. Additional information regarding this policy is available on the DSHS website
at httD://www.dshs.state.tx.us.
PLEASE NOTE: Return both copies of the contract in their entirety to the address below.
Contracts returned to any other address may result in contract delays.
Client Services Contracting Unit - MC 1886
1;lepartment of State Health Services
1100 W. 49th Street
PO Box 149347
Austin, Texas 78714-9347
Attention: Bill Walk
Please reference the DSHS contract and attachment number in all future correspondence. If you
have questions, please contact Bill Walk at 512-458-7111 ext. 7470 or via email at
Bill.Walk@dshs.state.tx.us.
Sincerely,
Bob Burnette, Director
Client Services Contracting Unit
Enclosures
FOR REVIEW ONLY
-----
FILE 13
An Equal Employment Opportunity Employer and Provider
DEPARTMENT OF STATE HEALTH SERVICES
This contract, number 2008-024655 (Contract), is entered into by and between the Department
of State Health Services (DSHS or the Department), an agency of the State of Texas, and
BEAUMONT PUBLIC HEALTH DEPARTMENT (Contractor), a Government Entity,
(collectively, the Parties).
1. Purpose of the Contract. DSHS agrees to purchase, and Contractor agrees to provide,
services or goods to the eligible populations as described in the Program Attachments.
2. Total Amount of the Contract and Payment Method(s). The total amount of this Contract
is $0.00, and the payment method(s) shall be as specified in the Program Attachments.
3. Funding Obligation. This Contract is contingent upon the continued availability of funding.
If funds become unavailable through lack of appropriations, budget cuts, transfer of funds
between programs or health and human services agencies, amendment to the Appropriations Act,
health and human services agency consolidation, or any other disruptions of current appropriated
funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract.
4. Term of the Contract. This Contract begins on 10/01/2007 and ends on 09/30/2008. DSHS
has the option, in its sole discretion, to renew the Contract as provided in each Program
Attachment. DSHS is not responsible for payment under this Contract before both parties have
signed the Contract or before the start date of the Contract, whichever is later.
5. Authority. DSHS enters into this Contract under the authority of Health and Safety Code,
Chapter 1001.
6. Documents Forming Contract. The Contract consists of the following:
a. Core Contract (this document)
b. Program Attachments:
2008-024655-001 NSS - WIC CARD PARTICIPATION
c. General Provisions (Sub -recipient)
d. Solicitation Document(s), and
e. Contractor's response(s) to the Solicitation Document(s).
f Exhibits
Any changes made to the Contract, whether by edit or attachment, do not form part of the
Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein.
92648-1
7. Conflicting Terms. hz the event of conflicting terms among the documents forming this
Contract, the order of control is first the Core Contract, then the Program Attachment(s), then the
General Provisions, then the Solicitation Document, if any, and then Contractor's response to the
Solicitation Document, if any.
8. Payee. The Parties agree that the following payee is entitled to receive payment for services
rendered by Contractor or goods received under this Contract:
Name: CITY OF BEAUMONT
Address: P.O. BOX 3827
BEAUMONT, TX 77704
Vendor Identification Number: 17460002789023
9. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of
the Parties and that there are no agreements or understandings, written or oral, between them
with respect to the subject matter of this Contract, other than as set forth in this Contract.
92648-i
By signing below, the Parties acknowledge that they have read the Contract and agree to its
terms, and that the persons whose signatures appear below have the requisite authority to execute
this Contract on behalf of the named party.
DEPARTMENT OF STATE HEALTH SERVICES
By:
Signature of Authorized Official
Date
Bob Burnette, C.P.M., CTPM
Director, Client Services Contracting Unit
1100 WEST 49TH STREET
AUSTIN, TEXAS 78756
(512) 458-7470
Bob.Burnette@dshs.state.tx.us
92b4s-1
BEAUMONT PUBLIC HEALTH
DEPARTMENT
By:
Signature
Date
Printed Name and Title
Address
City, State, Zip
Telephone Number
E-mail Address for Official Correspondence
FISCAL YEAR 2008 PERFORMANCE CONTRACT
GENERAL PROVISIONS
(Core/Subrecipient)
TABLE OF CONTENTS
ARTICLE I COMPLIANCE AND REPORTING
1.01 Compliance with Statutes and Rules
1.02 Compliance with Requirements of Solicitation Document
1.03 Reporting
1.04 Client Eligibility
1.05 Applicable Contracts Law and Venue for Disputes
1.06 Applicable Laws and Regulations Regarding Funding Sources
1.07 Statutes and Standards of General Applicability
1.08 General Provisions Applicable to Interagency & Interlocal Contracts
ARTICLE II SERVICES
2.01 Education to Persons in Residential Facilities
2.02 Disaster Services
2.03 Consent to Medical Care
2.04 Telemedicine Medical Services
2.05 Fees for Professional Health Services
2.06 Cost Effective Purchasing of Medications
ARTICLE III FUNDING
3.01 Debt to State and Corporate Status
3.02 Application of Payment Due
3.03 Use of Funds
3.04 Use for Match Prohibited
3.05 Program Income
3.06 Nonsupplanting
ARTICLE IV PAYMENT METHODS AND RESTRICTIONS
4.01 Payment Methods
4.02 Billing Submission
4.03 Final Billing Submission
4.04 Working Capital Advance
4.05 Financial Status Reports (FSRs)
4.06 Third Party Payors
1
1
1
1
1
1
2
2
4
5
5
5
5
6
6
6
6
6
7
7
7
7
7
8
8
8
8
8
8
9
ARTICLE V TERMS AND CONDITIONS OF PAYMENT 9
5.01 Prompt Payment 9
5.02 Withholding Payments 9
5.03 Condition Precedent to Requesting Payment 9
5.04 Acceptance as Payment in Full 10
ARTICLE VI ALLOWABLE COSTS AND AUDIT REQUIREMENTS
General Provisions (Core Subrecipient 2008) Table of Contents 6/12/2007
10
6.01 Independent Audit 10
6.02 Allowable Costs 10
6.03 Submission of Audit 11
ARTICLE VII CONFIDENTIALITY 12
7.01 Maintenance of Confidentiality 12
7.02 Use of PHI 12
7.03 Disclosure to Department 12
7.04 Department Access to PHI 12
7.05 Exchange of Client -Identifying Information 12
7.06 Security of Patient or Client Records 13
7.07 HIV/AIDS Model Workplace Guidelines 13
ARTICLE VIII RECORDS RETENTION 13
8.01 Retention 13
ARTICLE IX ACCESS AND INSPECTION 14
9.01 Access 14
9.02 State Auditor's Office 14
9.03 Responding to Deficiencies 14
ARTICLE X NOTICE REQUIREMENTS 15
10.01 Child Abuse Reporting Requirement 15
10.02 Significant Incidents 15
10.03 Litigation 15
10.04 Action Against Contractor 15
10.05 Insolvency 16
10.06 Misuse of Funds 16
10.07 Criminal Activity and Disciplinary Action 16
10.08 Retaliation Prohibited 16
10.09 Documentation 16
ARTICLE XI ASSURANCES AND CERTIFICATIONS 16
11.01 Certification 16
11.02 Child Support Delinquencies 17
11.03 Authorization 17
11.04 Gifts and Benefits Prohibited 17
11.05 Ineligibility to Receive the Contract 18
11.06 Antitrust 18
11.07 Initiation and Completion of Work 18
ARTICLE XII GEN. BUS. OPERATIONS OF CONTRACTOR 18
12.01 Board Training 18
12.02 Duty of Compliance 18
General Provisions (Core Subrecipient 2008) Table of Contents 6/12/2007 2
12.03 Management and Control Systems
19
12.04 Insurance and Bonding
19
12.05 Fidelity Bond
19
12.06 Liability Coverage
20
12.07 Overtime Compensation
20
12.08 Program Site
20
12.09 Cost Allocation Plan
20
12.10 Reporting for Unit Rate and Fee for Service Contracts
21
12.11 Historically Underutilized Businesses (HUBs)
21
12.12 Buy Texas
21
12.13 Contracts with Subrecipient Subcontractors
21
12.14 Status of Subcontractors
22
12.15 Incorporation of Terms
22
12.16 Independent Contractor
22
12.17 Authority to Bind
22
12.18 Tax Liability
22
12.19 Notice of Organizational Change
23
12.20 Quality Management
23
12.21 Equipment and Controlled Assets Purchases
23
12.22 Supplies
23
12.23 Changes to Equipment List
23
12.24 Property Inventory and Protection of Assets
24
12.25 Bankruptcy
24
12.16 Title to Property
24
12.27 Property Acquisitions
24
12.28 Disposition of Property
24
12.29 Closeout of Equipment
25
12.30 Assets as Collateral Prohibited
25
ARTICLE XIII GENERAL TERMS
25
13.01 Assignment
25
13.02 Lobbying
25
13.03 Conflict of Interest
25
13.04 Transactions Between Related Parties
25
13.05 Intellectual Property
25
13.06 Other Intangible Property
27
13.07 Severability and Ambiguity
28
13.08 Legal Notice
28
13.09 Successors
28
13.10 Headings
28
13.11 Parties
28
13.12 Survivability of Terms
28
13.13 Direct Operation
28
13.14 Customer Service Information
28
13.15 Amendment
28
13.16. Contractor's Notification of Change to Certain Contract Provisions
29
General Provisions (Core Subrecipient 2008) Table of Contents 6/12/2007 3
13.17 Contractor's Request for Revision of Certain Contract Provisions 29
13.18 Immunity Not Waived 30
13.19 Hold Harmless 30
13.20 Waiver 30
13.21 Contracting with Executive Head of State Agency 30
13.22 Technology Accessibility 31
ARTICLE XIV BREACH OF CONTRACT AND REMEDIES FOR
NON-COMPLIANCE 31
14.01 Actions Constituting Breach of Contract 31
14.02 General Remedies and Sanctions 32
14.03 Notice of Remedies or Sanctions 34
14.04 Emergency Action 35
ARTICLE XV CLAIMS AGAINST THE DEPARTMENT 35
15.01 Breach of Contract Claim 35
15.02 Notice 35
15.03 Sole Remedy 36
15.04 Condition Precedent to Suit 36
15.05 Performance Not Suspended 36
ARTICLE XVI TERMINATION 36
16.01 Expiration of Contract or Program Attachment(s) 36
16.02 Effect of Termination 36
16.03 Acts Not Constituting Termination 36
16.04 Termination Without Cause 37
16.05 Termination For Cause 37
16.06 Notice of Termination 39
ARTICLE XVII VOID, SUSPENDED AND TERMINATED
CONTRACTS 39
17.01 Void Contracts 39
17.02 Effect of Void, Suspended or Involuntarily Terminated Contract 39
17.03 Appeals Rights 39
ARTICLE XVIII CLOSEOUT AND CONTRACT
RECONCILIATION
18.01 Cessation of Services at Closeout
18.02 Administrative Offset
18.03 Deadline for Closeout
18.04 Payment of Refunds
18.05 Disallowances and Adjustments
18.06 Contract Reconciliation
39
39
40
40
40
40
40
General Provisions (Core Subrecipient 2008) Table of Contents 6/12/2007 4
Fiscal Year 2008 Performance Contract
General Provisions
(Core/Subrecipient)
ARTICLE I COMPLIANCE AND REPORTING
Section 1.01 Compliance with Statutes and Rules. Contractor shall comply,
and shall require its subcontractor(s) to comply, with the requirements set forth in
the Department's rules of general applicability and other applicable state and
federal statutes, regulations and rules as such statutes, regulations and rules
currently exist and as they may be lawfully amended. The Department rules are set
forth in the Texas Administrative Code, Title 25 (Rules). To the extent this
Contract imposes a higher standard, or additional requirements beyond those
required by applicable statutes, regulations or the Rules, the terms of the Contract
shall control.
Section 1.02 Compliance with Requirements of Solicitation Document.
Except as specified in these General Provisions or the Program Attachment(s),
Contractor shall comply with the requirements, eligibility conditions, assurances,
certifications and program requirements of the Solicitation Document (including
any revised or additional terms agreed to in writing by Contractor and DSHS prior
to execution of this Contract) for the duration of this Contract or any subsequent
renewals. The Parties agree that the Department has relied upon the Contractor's
response to the Solicitation Document. The Parties agree that any
misrepresentation contained in the Contractor's response to the Solicitation
Document shall constitute a breach of this Contract.
Section 1.03 Reporting. Contractor shall submit reports in accordance with the
reporting requirements established by the Department and shall provide any other
information requested by the Department in the format required by DSHS. Failure
to submit a required report or additional requested information by the due date
specified in the Program Attachment(s) or upon request constitutes a breach of
contract, may result in delayed payment, and may adversely affect evaluation of
Contractor's future contracting opportunities with the Department.
Section 1.04 Client Eligibility. Where applicable, financial eligibility criteria,
financial assessment procedures, and standards developed by the Department shall
be utilized by Contractor to determine client eligibility.
Section 1.05 .Applicable Contracts Law and Venue for Disputes. Regarding
all issues related to contract formation, performance, interpretation, and any issues
that may arise in any dispute between the Parties, the Contract shall be governed by,
and construed in accordance with, the laws of the State of Texas. In the event of a
dispute between the Parties, venue for any suit shall be Travis County, Texas.
General Provisions (Core Subrecipient 2008) 6/12/2007
Section 1.06 Applicable Laws and Regulations Regarding Funding Sources.
Where applicable, federal statutes and regulations, including federal grant
requirements applicable to funding sources, shall apply to this Contract. Contractor
agrees to comply with applicable laws, executive orders, regulations and policies as
well as Office of Management and Budget (OMB) Circulars, the Uniform Grant and
Contract Management Act of 1981 (UGMA), TEx. Gov'T. CODE ch. 783, as
amended, and Uniform Grant Management Standards (UGMS) as amended by
revised federal circulars and incorporated in UGMS by the Governor's Budget and
Planning Office. UGMA is located on the Internet at
http://tlo2.tic.state.tx.us/statutes/statutes.html; the UGMS are located on the Internet
at
http://www.governor. state.tx.us/divisions/stategrants/guidelines/files/UGMS062004
.doe. Contractor also shall comply with all applicable federal and state assurances
contained in UGMS, Part III, State Uniform Administrative Requirements for
Grants and Cooperative Agreement §_.14.
Section 1.07 Statutes and Standards of General Applicability. It is
Contractor's responsibility to review and comply with all applicable statutes, rules,
regulations, executive orders and policies. To the extent applicable to Contractor,
Contractor agrees to comply with the following:
a) The following statutes and DSHS policy that collectively prohibit
discrimination on the basis of race, color, national origin, limited English
proficiency, sex, sexual orientation (where applicable), disabilities, age, substance
abuse or religion: 1) Title VI of the Civil Rights Act of 1964, 42 U.S.C.A. §§ 2000d
et seq.; 2) Title IX of the Education Amendments of 1972, 20 U.S.C.A. §§ 1681-
1683, and 1685-1686; 3) Section 504 of the Rehabilitation Act of 1973, 29
U.S.C.A. § 794(a); 4) the Americans with Disabilities Act of 1990, 42 U.S.C.A. §§
12101 et seq.; 5) Age Discrimination Act of 1975, 42 U.S.C.A. §§ 6101-6107: 6)
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, 42 U.S.C.A. § 290dd (b)(1); 7) 45 CFR Parts 80, 84, 86
and 91; 8) U.S. Department of Labor, Equal Employment Opportunity E.O. 11246,
as amended and supplemented; 9) TEx. LAB. CODE. ch. 21; and 10) DSHS Policy
AA -5018, Non-discrimination Policy for DSHS Programs;
b) Drug Abuse Office and Treatment Act of 1972, 21 U.S.C.A. §§ 1101 et
seq., relating to drug abuse;
C) Public Health Service Act of 1912, §§ 523 and 527, 42 U.S.C.A. § 290dd-
2, and 42 C.F.R. pt. 2, relating to confidentiality of alcohol and drug abuse patient
records;
d) Title VIII of the Civil Rights Act of 1968, 42 U.S.C.A. §§ 3601 et seq.,
relating to nondiscrimination in housing;
e) Immigration .Reform and Control Act of 1986, 8 U.S.C.A. § 1324a,
regarding employment verification;
f) Pro -Children Act of 1994, 20 U.S.C.A. §§ 6081-6084, regarding the non-
use of all tobacco products;
g) National Research Service Award Act of 1971, 42 U.S.C.A. §§ 289a-1 et
seq., and 6601 (P.L. 93-348 and P.L. 103-43), as amended, regarding human
General Provisions (Core Subrecipient 2008) 6/12/2007 2
subjects involved in research;
h) Hatch Political Activity Act, 5 U.S.C.A. §§ 1501-1508 and 7321-26,
which limits the political activity of employees whose employment is funded with
federal funds;
i) Fair Labor Standards Act, 29 U.S.C.A. §§ 201 et seq., and the
Intergovernmental Personnel Act of 1970, 42 U.S.C.A. §§ 4701 et seq., as
applicable, concerning minimum wage and maximum hours;
j) TEx. Gov'T CODE ch. 469 (Supp. 2004), pertaining to eliminating
architectural barriers for persons with disabilities;
k) Texas Workers' Compensation Act, TEX. LABOR CODE, chs. 401-406 28
TEx. ADMrN. CODE pt. 2, regarding compensation for employees' injuries;
1) The Clinical Laboratory Improvement Amendments of 1988, 42 USC §
263a, regarding the regulation and certification of clinical laboratories;
m) The Occupational Safety and Health Administration Regulations on Blood
Borne Pathogens, 29 CFR § 1910.1030, or Title 25 Tex. Admin Code ch. 96
regarding safety standards for handling blood borne pathogens;
n) Laboratory Animal Welfare Act of 1966, 7 USC §§ 2131 et seq.,
pertaining to the treatment of laboratory animals;
o) Environmental standards pursuant to the following: 1) Institution of
environmental quality control measures under the National Environmental Policy
Act of 1969, 42 USC §§ 4321-4347 and Executive Order 11514 (35 Fed. Reg.
4247), "Protection and Enhancement of Environmental Quality;" 2) Notification of
violating facilities pursuant to Executive Order 11738 (40 CFR Part 32), "Providing
for Administration of the Clean Air Act and the Federal Water Pollution Control
Act with respect to Federal Contracts, Grants, or Loans;" 3) Protection of wetlands
pursuant to Executive Order 11990, 42 Fed. Reg. 26961; 4) Evaluation of flood
hazards in floodplains in accordance with Executive Order 11988, 42 Fed. Reg.
26951 and, if applicable, flood insurance purchase requirements of Section 102(a)
of the Flood Disaster Protection Act of 1973 (P.L. 93-234); 5) Assurance of project
consistency with the approved State Management program developed under the
Coastal Zone Management Act of 1972, 16 USC §§ 1451 et seq; 6) Federal Water
Pollution Control Act, 33 USC §1251 et seq.; 7) Protection of underground sources
of drinking water under the Safe Drinking Water Act of 1974, 42 USC §§ 300f -
304j; 8) Protection of endangered species under the Endangered Species Act of
1973, 16 USC §§ 1531 et seq.; 9) Conformity of federal actions to state clean air
implementation plans under the Clean Air Act of 1955, 42 USC §7401 et seq.; 10)
Protection of underground sources of drinking water under the Safe Drinking Water
Act of 1974, 42 USC §§300f -330j; 11) Wild and Scenic Rivers Act of 1968 (16
U.S.C. §§ 1271 et seq.) related to protecting certain rivers system; and 12) Lead -
Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) prohibiting the
use of lead-based paint in residential construction or rehabilitation;
P) Intergovernmental Personnel Act of 1970 (42 USC §§4278-4763
regarding personnel merit systems for programs specified in Appendix A of the
federal Office of Program Management's Standards for a Merit System of
Personnel Administration (5 C.F.R. Part 900, Subpart F);
q) Titles II and III of the Uniform Relocation Assistance and Real Property
General Provisions (Core Subrecipient 2008) 6/12/2007 3
Acquisition Policies Act of 1970 (P.L. 91-646), relating to fair treatment of persons
displaced or whose property is acquired as a result of Federal or federally -assisted
programs;
r) Davis -Bacon Act (40 U.S.C. §§ 276a to 276a-7), the Copeland Act (40
U.S.C. § 276c and 18 U.S.C. § 874), and the Contract Work Hours and Safety
Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally -
assisted construction subagreements;
S) National Historic Preservation Act of 1966, §106 (16 U.S.C. § 470),
Executive Order 11593, and the Archaeological and Historic Preservation Act of
1974 (16 U.S.C. §§ 469a-1 et seq.) regarding historic property to the extent
necessary to assist DSHS in complying with the Acts;
t) Financial and compliance audits in accordance with Single Audit Act
Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local
Governments, and Non -Profit Organizations;" and
U) requirements of any other applicable statutes, executive orders, regulations
and policies.
If this Contract is funded by a grant, additional requirements found in the Notice of
Grant Award are imposed on Contractor and incorporated herein by reference.
Section 1.08 General Provisions Applicable to Interagency and Interlocal
Contracts. Certain sections or portions of sections of these General Provisions shall
not apply to Contractors that are State agencies or units of local government; and
certain additional provisions shall apply to such Contractors.
a) The following sections or portions of sections of these General Provisions shall
not apply to interagency or interlocal contracts:
1) Hold Harmless;
2) Independent Contractor (delete the third sentence in its entirety; delete the
word "employees" in the fourth sentence; the remainder of the section applies);
3) Insurance and Bonding;
4) Liability Coverage;
5) Fidelity Bond;
6) Board Training; and
7) Historically Underutilized Businesses (Contractor, however, shall comply
with HUB requirements of other statutes and rules specifically applicable
to that entity).
b) The following additional provisions shall apply to interagency contracts:
1) This Contract is entered into pursuant to the authority granted and in
compliance with the provisions of the Interagency Cooperation Act, Gov.
Code Chapter 771.
2) The parties hereby certify that (1) the services specified are necessary and
essential for the activities that are properly within the statutory functions
and programs of the affected agencies of State government; (2) the
proposed arrangements serve the interest of efficient and economical
administration of the State government, and (3) the services, supplies or
materials contracted for are not required by Section 21 of Article 16 of the
General Provisions (Core Subrecipient 2008) 6/12/2007 4
Constitution of the State of Texas to be supplied under contract given to the
lowest responsible bidder.
3) DSHS certifies that it has the authority to enter into this Contract granted in
Health and Safety Code Chapter 1001, and Contractor certifies that it has
specific statutory authority to enter into and perform this Contract.
(c) The following additional provisions shall apply to interlocal contracts:
1) This Contract is entered into pursuant to the authority granted and in
compliance with the provisions of the Interlocal Cooperation Act, Gov.
Code Chapter 791.
2) Payments made by DSHS to Contractor shall be from current revenues
available to DSHS.
3) Each party represents that it has been authorized to enter into this
Contract.
(d) Contractor agrees that Contract Revision Requests, when signed by a duly
authorized representative of Contractor, shall be effective as of the effective date
specified by the Department, whether that date is prior to or after the date of any
ratification by Contractor's governing board.
ARTICLE II SERVICES
Section 2.01 Education to Persons in Residential Facilities. If applicable,
Contractor shall ensure that all persons, who are housed in Department licensed
and/or funded residential facilities and who are twenty-two (22) years of age or
younger, have access to educational services as required by TEx. EDUC. CODE §
29.012. Contractor shall notify the local education agency or local early
intervention program as prescribed by TEx. EDUC. CODE § 29.012 not later than the
third calendar day after the date a person who is twenty-two (22) years of age or
younger is placed in Contractor's residential facility.
Section 2.02 Disaster Services. In the event of a local, state, or federal
emergency, including natural, man-made, criminal, terrorist, and/or bioterrorism
events, declared as a state disaster by the Governor, or a federal disaster by the
appropriate federal official, Contractor may be called upon to assist DSHS in
providing services, as appropriate, in the following areas: community evacuation,
health and medical assistance; assessment of health and medical needs; health
surveillance; medical care personnel; health and medical equipment and supplies;
patient evacuation; in-hospital care and hospital facility status; food, drug, and
medical device safety; worker health and safety; mental health and substance abuse;
public health information; vector control and veterinary services; and victim
identification and mortuary services. Disaster services shall be carried out in the
manner most responsive to the needs of the emergency, be cost effective, and be
least intrusive on the primary services of the Contractor.
Section 2.03 Consent to Medical Care. If Contractor provides medical, dental,
psychological or surgical treatment to a minor under this Contract, either directly or
through contracts with subcontractors, the treatment of a minor shall be provided
only if consent to treatment is obtained pursuant to TEx. FAM. CODE, Chapter 32
General Provisions (Core Subrecipient 2008) 6/12/2007 5
relating to consent to treatment of a child by a non -parent or child or pursuant to
other state law. If requirements of federal law relating to consent directly conflict
with TEX. FAM. CODE, Chapter 32, federal law shall supersede state law.
Section 2.04 Telemedicine Medical Services. Contractor shall ensure that if a
provider uses telemedicine/telepsychiatry that the services are implemented in
accordance with written procedures and using protocol approved by the
Contractor's medical director and utilizing equipment that complies with the
equipment standards as required by the Department. Procedures of telemedicine
service provision must include the following requirements:
a) clinical oversight by the Contractor's medical director or designated
physician responsible for medical leadership;
b) contraindication considerations for telemedicine use;
c) qualified staff members to ensure the safety of the individual being served by
telemedicine at the remote site;
d) safeguards to ensure confidentiality and privacy in accordance with state and
federal laws;
e) use by credentialed licensed providers providing clinical care within the scope
of their licenses;
f) demonstrated competency in the operations of the system by all staff members
who are involved in the operation of the system and provision of the services prior
to initiating the protocol;
g) priority in scheduling the system for clinical care of individuals;
h) quality oversight and monitoring of satisfaction of the individuals served; and
i) management of information and documentation for telemedicine services that
ensures timely access to accurate information between the two sites.
Telemedicine Medical Services does not include treatment services provided by
electronic means under Rule §448.911.
Section 2.05 Fees for Personal Health Services. Contractor may develop a
system and schedule of fees for personal health services in accordance with the
provisions of Health and Safety Code § 12.032, DSHS Rule § 1.91 covering Fees for
Personal Health Services, and other applicable laws or grant requirements. The
amount of a fee shall not exceed the actual cost of providing the services. No
patient may be denied a service due to inability to pay.
Section 2.06 Cost Effective Purchasing of Medications. Contractor shall make
needed medications available to clients at the lowest possible prices and use the
most cost effective medications purchasing arrangement possible.
ARTICLE III FUNDING
Section 3.01 Debt to State and Corporate Status. Pursuant to TEX. Gov'T.
CODE § 403.055, the Department will not approve and the State Comptroller will
not issue payment to Contractor if Contractor is indebted to the State for any reason,
General Provisions (Core Subrecipient 2008) 6/12/2007 6
including a tax delinquency. Contractor, if a corporation, certifies by execution of
this Contract that it is current and will remain current in its payment of franchise
taxes to the State of Texas or that it is exempt from payment of franchise taxes
under Texas law (Texas Tax Code §§171.001 et seq, as amended). Contractor, if a
corporation, further certifies that it is and will remain in good standing with the
Secretary of State's office. A false statement regarding franchise tax or corporate
status is a material breach of this Contract. If franchise tax payments become
delinquent during the Contract term, all or part of the payments under this Contract
may be withheld until Contractor's delinquent franchise tax is paid in full.
Section 3.02 Application of Payment Due. Contractor agrees that any
payments due under this Contract will be applied towards any debt, including but
not limited to delinquent taxes and child support that is owed to the State of Texas.
Section 3.03 Use of Funds. Contractor agrees that it shall expend Department
funds only for the provision of approved services and for reasonable and allowable
expenses directly related to those services.
Section 3.04 Use for Match Prohibited. Contractor agrees funds provided
through this Contract shall not be used for matching purposes in securing other
funding unless directed or approved by the Department in writing.
Section 3.05 Program Income. Gross income directly generated from
Department funds through a project or activity performed under a Program
Attachment and/or earned only as a result of a Program Attachment during the term
of the Program Attachment are considered program income. Unless otherwise
required under the terms of the grant funding this Contract, the addition alternative,
as provided in UGMS § _.25(g)(2), for the use of program income shall be used by
Contractor to further the program objectives of the state or federal statute under
which the Program Attachment was made, and it shall be spent on the same
Program Attachment project in which it was generated. Contractor shall identify
and report this income in accordance with the Compliance and Reporting Article of
these General Provisions and the Special Provisions of the Program Attachment(s).
Contractor shall expend program income during the Program Attachment term and
may not carry forward to the succeeding term. Program income not expended in the
term in which it is earned shall be refunded to DSHS. DSHS may base future
funding levels, in part, upon Contractor's proficiency in identifying, billing,
collecting, and reporting program income, and in utilizing it for the purposes and
conditions set forth in this Contract.
Section 3.06 Nonsupplanting. Contractor shall not supplant (i.e., use funds from
this Contract to replace or substitute existing funding from other sources that also
supports the activities that are the subject of this Contract) but rather shall use funds
from this Contract to supplement existing state or local funds currently available for
a particular activity. Contractor shall make a good faith effort to maintain its current
level of support. Contractor may be required to submit documentation
General Provisions (Core Subrecipient 2008) 6/12/2007 7
substantiating that a reduction in local funding, if any, resulted for reasons other
than receipt or expected receipt of funding under this Contract.
ARTICLE IV PAYMENT METHODS AND RESTRICTIONS.
Section 4.01 Payment Methods. Except as otherwise provided by the Special
Provisions of this Contract, the payment method for each program shall be one of
the following methods:
(a) cost reimbursement. This payment method is based on an approved
budget in the Program Attachment(s) and successful submission of a request for
reimbursement;
(b) unit rate. This payment method is based on the set unit rate stated in the
Program Attachment(s) and successful submission of all required forms; or
(c) fee-for-service. This payment method is based on the agreed fee stated in
the Program Attachment(s) and successful submission of all required forms.
Section 4.02 Billing Submission. Contractors shall bill the Department in
accordance with the Program Attachment(s) in the form and format prescribed by
DSHS. Unless otherwise specified in the Program Attachment(s), Contractor shall
submit requests for reimbursement or payment monthly within thirty (30) calendar
days following the end of the month covered by the bill.
Section 4.03 Final Billing Submission. Unless otherwise provided by the
Department, Contractor shall submit a reimbursement or payment request as a final
close-out bill not later than sixty (60) calendar days following the end of the term of
the Program Attachment for goods received and services rendered during the term.
If necessary to meet this deadline, Contractor may submit reimbursement or
payment requests by facsimile transmission. Reimbursement or payment requests
received in DSHS's offices more than sixty (60) calendar days following the end of
the applicable term will be denied. Consideration of requests for an exception will
be made on a case-by-case basis subject to the availability of funding.
Section 4.04 Working Capital Advance. If allowed under the Contract, a
single one-time working capital advance per term of the Program Attachment _may
be granted at the Department's discretion. Contractor must submit documentation
to the Division Contract Management Unit assigned to the Program Attachment to
justify the need for a working capital advance. The working capital advance must
be liquidated as directed by the Department. The requirements for the
documentation justifying the need for an advance and the directions for liquidating
the advance are found in the Contractor's Financial Procedures Manual located at
http://www.dshs.state.tx.us/contracts.
Section 4.05 Financial Status Reports (FSRs). Except as otherwise provided,
for contracts with categorical budgets, Contractor shall submit quarterly FSRs to
Accounts Payable by the thirtieth calendar day of the month following the end of
each quarter of the Program Attachment term for Department review and financial
assessment. The final FSR must be submitted not later than 60 days following the
General Provisions (Core Subrecipient 2008) 6/12/2007 8
end of the applicable term.
Section 4.06 Third Party Payors. A third party payor is any person or entity
who has the legal responsibility for paying for all or part of the services provided,
including commercial health or liability insurance carriers, Medicaid, or other
federal, state, local, and private funding sources. Except as provided in the
Contract, Contractor shall screen all clients and shall not bill the Department for
services eligible for reimbursement from third party payors. Contractor shall: (a)
enroll as a provider in Children's Health Insurance Plan and Medicaid if providing
approved services authorized under the Contract that may be covered by those
programs, and bill those plans for the covered services; (b) provide assistance to
individuals to enroll in such programs when the screening process indicates possible
eligibility for such programs; (c) allow clients that are otherwise eligible for
Department services, but cannot pay a deductible required by a third party payor, to
receive services up to the amount of the deductible and to bill the Department for
the deductible; (d) not bill the Department for any services eligible for third party
reimbursement until all appeals to third party payors have been exhausted; (e)
maintain appropriate documentation from the third party payor reflecting attempts
to obtain reimbursement; (f) bill all third party payors for services provided under
this Contract before submitting any request for reimbursement to Department; and
(g) provide third party billing functions at no cost to the client.
ARTICLE V TERMS AND CONDITIONS OF PAYMENT
Section 5.01 Prompt Payment. Upon receipt of a timely, undisputed invoice
pursuant to this Contract, Department will pay Contractor. Payments and
reimbursements are contingent upon a signed Contract and will not exceed the total
of authorized funds under this Contract. Contractor is entitled to payment or
reimbursement only if the service, work, and/or product has been authorized by the
Department and performed or provided pursuant to the Contract. If those
conditions are met, Department will make payment in accordance with the Texas
prompt payment law (TEX. Gov'T. CODE, Chapter 2251). Contractor must comply
with TEx. Gov'T. CODE, Chapter 2251 regarding its prompt payment obligations to
subcontractors. Payment of invoices by the Department shall not constitute
acceptance or approval of Contractor's performance, and all invoices and
Contractor's performance is subject to audit or review by the Department.
Section 5.02 Withholding Payments. Department may withhold all or part of
any payments to Contractor to offset reimbursement for any ineligible expenditures
or overpayments that Contractor has not refunded to Department, or if financial
status report(s) required by the Department are not submitted by the date(s) due.
Department may take repayment from funds available under this Contract, active or
expired, in amounts necessary to fulfill Contractor's repayment obligations.
Section 5.03 Condition Precedent to Requesting Payment. Contractor shall
disburse program income, rebates, refunds, contract settlements, audit recoveries,
and interest earned on such funds before requesting cash payments including any
General Provisions (Core Subrecipient 2008) 6/12/2007 9
advance payments from Department.
Section 5.04 Acceptance as Payment in Full. Except as permitted in the Fees
for Personal Health Services section, Contractor shall accept reimbursement or
payment from DSHS as payment in full for services or goods provided to clients,
and Contractor agrees to not seek additional reimbursement or payment for services
or goods from clients.
ARTICLE VI ALLOWABLE COSTS AND AUDIT
REQUIREMENTS
Section 6.01 Independent Audit. If Contractor within Contractor's fiscal year
expends a total amount of at least $500,000 in state funds awarded or at least
$500,000 in federal funds awarded, Contractor must have a single audit or program -
specific audit in accordance with the Office of Management and Budget (OMB)
Circ. No. A-133, the Single Audit Act of 1984, Pub. L. 98-502, 98 Stat. 2327, and
the Single Audit Act Amendments of 1996, Pub. L. 104-156, 110 Stat. 1396. The
$500,000 federal threshold amount includes federal funds passed through by way of
state agency awards. The audit shall be conducted by an independent certified
public accountant and in accordance with applicable OMB Circulars, Government
Auditing Standards, and Uniform Grant Management Standards (UGMS) located
on the Internet at
h"://www.govemor.state.tx.us/divisions/state ants/guidelines/files/JGMS062004
.doc. Contractor shall procure audit services in compliance with state procurement
procedures, as well as with the provisions of UGMS. Contractor, unless Contractor
is a local government, shall not use the same accountant or accounting firm to
conduct the independent audit for more than five consecutive years.
Section 6.02 Allowable Costs. For services. satisfactorily performed pursuant
to this Contract, DSHS will reimburse Contractor for allowable costs. Contractor
must have incurred a cost within the applicable term to be eligible for
reimbursement under this Contract and prior to claiming reimbursement. DSHS
shall determine whether costs submitted by Contractor are allowable and
reimbursable. If DSHS has paid funds to Contractor for unallowable or ineligible
costs, Contractor shall return the funds to DSHS within thirty (30) calendar days of
written notice. DSHS may withhold all or part of any payments to Contractor to
offset reimbursement for any ineligible expenditures that Contractor has not
refunded to DSHS, or if financial status report(s) required under the Financial
Status Reports Section are not submitted by the date(s) due. DSHS may take
repayment from funds available under any term of the Contract, active or expired,
in amounts necessary to fulfill Contractor's repayment obligations. Applicable cost
principles, audit requirements, and administrative requirements include:
General Provisions (Core Subrecipient 2008) 6/12/2007 10
Applicable Entity
Applicable Cost Principles
Audit Requirements
Administrative
Requirements
State, Local and
OMB Circular A-87
OMB Circular A-133
UGMS, OMB
Tribal
and UGMS
Circular A-102,
Governments
and applicable
Federal awarding
agency common
rule
Educational
OMB Circular A-21
OMB Circular A-133
OMB Circular
Institutions
and UGMS
A-110 and
applicable
Federal awarding
agency common
rule
Non -Profit
OMB Circular A-122
OMB Circular A-133
UGMS; OMB
Organizations
and UGMS
Circular A-110
and applicable
Federal awarding
agency common
rule
For-profit
48 C.F.R. Part 31,
Program audit
UGMS and
Organization other
Contract Cost Principles
conducted by an
applicable
than a hospital and
Procedures, or uniform
independent certified
Federal awarding
an organization
cost accounting standards
public accountant in
agency common
named in OMB
that comply with cost
accordance with
rule
Circular A-122 as
principles acceptable to the
Governmental
not subject to that
federal or state awarding
Auditing Standards.
circular.
I agency
OMB Circulars will be applied with the modifications prescribed by UGMS with
effect given to whichever provision imposes the more stringent requirement in the
event of a conflict.
Section 6.03 Submission of Audit. Within thirty (30) calendar days of receipt
of the audit reports required by this section, Contractor shall submit one copy to the
Department's Contract Oversight and Support Section, and one copy to the Texas
Health and Human Services Commission (HHSC), Office of Inspector General
(OIG), at the following addresses:
Department of State Health Services
Contract Oversight and Support, Mail Code 1326
1100 West 49, St.
Austin Texas 78756-3199
Texas Health and Human Services Commission
Office of Inspector General
Compliance/Audit Mail Code 1326
General Provisions (Core Subrecipient 2008) 6/12/2007 11
P.O. Box 85200
Austin, Texas 78708-5200
ARTICLE VII CONFIDENTIALITY.
Section 7.01 Maintenance of Confidentiality. Contractor must maintain the
privacy and confidentiality of information and records received during or related to
the performance of this Contract, including patient and client records that contain
protected health information (PHI), and any other information that discloses
confidential personal information or identifies any client served by DSHS, in
accordance with applicable federal and state law and Rules, including but not
limited to 7 CFR Part 246; 42 CFR Part 2, 45 CFR Parts 160 and 164; Health and
Safety Code Chapters 12, 47, 81, 82, 85, 88, 92, 161, 181, 241, 245, 251, 534, 576,
577, 596, 611, and 773; and Occupations Code, Chapters 56 and 159 and all
applicable Rules.
Section 7.02 Use of PHI. If Contractor is subject to HIPAA privacy regulations
at 45 CFR Parts 160 and 164, Contractor may receive, use and disclose PHI, as
defined in 45 CFR §164.501, only to carry out Contractor's duties under this
Contract in accordance with the regulations. When using or disclosing PHI or when
requesting PHI from another entity, Contractor must make reasonable efforts to
limit the PHI to the minimum necessary to accomplish the intended purpose of the
use, disclosure or request.
Section 7.03 Disclosure to Department. Contractor is required to disclose PHI
of patients or clients provided services funded through this Contract and other
confidential information to Department upon request, or as otherwise required in
other contract provisions or laws governing the release of client records or other
confidential information.
Section 7.04 Department Access to PHI. Contractor shall cooperate with
Department to allow Department to request, collect and receive PHI under this
Contract, without the consent of the individual to whom the PHI relates, for
funding, payment and administration of the grant program, and for purposes
permitted under applicable state and federal confidentiality and privacy laws,
including the Health Insurance Portability and Accountability Act (HIPAA) and the
Privacy Standards adopted to implement HIPAA at 45 C.F.R. pts. 160 and 164, at §
164.512, and TEx. OCC. CODE ch. 159, at §§ 159.003 and 159.004.
Section 7.05 Exchange of Client -Identifying Information. Except as
prohibited by other law, Contractor and DSHS shall exchange PHI without the
consent of clients in accordance with 45 CFR § 164.504(e)(3)(i)(B), Health and
Safety Code § 533.009 and Rule Chapter 414, Subchapter A or other applicable law
or rules. Contractor shall disclose information described in Health and Safety Code
§ 614.017(a)(2) relating to special needs offenders, to an agency described in
Health and Safety Code §614.017(c) upon request of that agency, unless Contractor
documents that the information is not allowed to be disclosed under 45 CFR Part
General Provisions (Core Subrecipient 2008) 6/12/2007 12
164 or other applicable law.
Section 7.06 Security of Patient or Client Records. Contractor must maintain
patient and client records in compliance with state and federal law relating to
security and retention of medical or mental health and substance abuse patient
records. Department may require Contractor to transfer original or copies of patient
and client records to Department, without the consent or authorization of the patient
or client, upon termination of this Contract or a Program Attachment to this
Contract, as applicable, or if the care and treatment of the individual patient or
client is transferred to another entity. Prior to providing services funded under this
Contract to a patient or client, Contractor shall attempt to obtain consent from the
patient or client to transfer copies of patient or client records to another entity
funded by DSHS upon termination of this Contract or a Program Attachment to this
Contract, as applicable, or if care or treatment is transferred to another DSHS-
funded contractor.
Section 7.07 HIV/AIDS Model Workplace Guidelines. If providing direct
client care, services, or programs, Contractor shall implement Department's policies
based on the HIV/AIDS (human immunodeficiency virus/acquired
immunodeficiency syndrome) Model Workplace Guidelines for Businesses, State
Agencies, and State Contractors, policy No. 090.021, and Contractor shall educate
employees and clients concerning HIV and its related conditions, including AIDS,
in accordance with the TEX. HEALTH & SAFETY CODE § 85.112-114. A link to the
Model Workplace Guidelines can be found at
hqp://www.dshs.state.tx.us/hivstd/policv-/`pdf/090021.1)df.
ARTICLE VIII RECORDS RETENTION.
Section 8.01 Retention. Contractor shall retain records in accordance with the
Department's State of Texas Records Retention Schedule, located at
http://www.dshs.state.tx.us/records/schedules.shtm, Department Rules and other
applicable state and federal statutes and regulations governing medical, mental
health, and substance abuse information. At a minimum Contractor shall retain and
preserve all other records, including financial records that are generated or collected
by Contractor under the provisions of this Contract, for a period of four (4) years
after the termination of the Contract. If services are funded through Medicaid, the
federal retention period, if more than four (4) years, shall apply. Contractor shall
retain all records pertaining to this Contract that are the subject of litigation or an
audit until the litigation has ended or all questions pertaining to the audit are
resolved. Legal requirements for Contractor may extend beyond the retention
schedules established in this section. Contractor shall retain medical records in
accordance with Tex Admin Code Title 22, Part 9, §165.1(b) and (c) or other
applicable statutes and regulations governing medical information. Contractor shall
ensure that this provision concerning records retention is included in any
subcontract it awards. If Contractor ceases business operations, it shall ensure that
records relating to the Contract are securely stored and are accessible by the
Department upon Department's request for at least four years from the date
General Provisions (Core Subrecipient 2008) 6/12/2007 13
Contractor ceases business or from the termination date of the Contract, whichever
is sooner. Contractor shall provide the name and address of the party responsible for
storage of records to the Division Contract Management Unit assigned to the
Program Attachment.
ARTICLE IX ACCESS AND INSPECTION.
Section 9.01 Access. In addition to any right of access arising by operation of
law, Contractor, and any of Contractor's affiliate or subsidiary organizations or
subcontractors shall permit the Department or any of its duly authorized
representatives, as well as duly authorized federal, state or local authorities,
including the Comptroller General of the United States, Office of the Inspector
General at HHSC (OIG), and the State Auditor's Office (SAO), unrestricted access
to and the right to examine any site where business is conducted and all records
(including client and patient records, if any), books, papers or documents related to
the Contract. If deemed necessary by the Department or the OIG, for the purpose of
investigation or hearing, Contractor shall produce original documents related to the
Contract. Further, Contractor will ensure that information collected, assembled or
maintained by the Contractor relative to this Contract is available to the Department
for the Department to respond to requests that it receives under the Public
Information Act. The Department and HHSC will have the right to audit billings
both before and after payment. Payments will not foreclose the right of Department
and HHSC to recover excessive or illegal payments. Contractor will ensure that this
provision concerning the right of access to, and examination of, information related
to the Contract is included in any subcontract it awards.
Section 9.02 State Auditor's Office. Contractor shall, upon request, make all
records, books, papers, documents, or recordings related to this Contract available
for inspection, audit, or reproduction during normal business hours to any
authorized representative of the SAO. The Contractor understands that the
acceptance of funds under this Contract acts as acceptance of the authority of the
SAO, or any successor agency, to conduct an audit or investigation in connection
with those funds. The Contractor further agrees to cooperate fully with the SAO or
its successor in the conduct of the audit or investigation, including providing all
records requested, and providing access to any information the SAO considers
relevant to the investigation or audit. Contractor will ensure that this provision
concerning the authority to audit funds will apply to funds received indirectly by
subcontractors through the Contractor, and the requirement to cooperate, is included
in any subcontract it awards.
Section 9.03 Responding to Deficiencies. Any deficiencies identified by DSHS
or HHSC upon examination of Contractor's records will be conveyed in writing to
Contractor. Contractor will submit, by the date prescribed by DSHS, a resolution to
the deficiency in a program review or management or financial audit to the
satisfaction of DSHS. A DSHS or HHSC determination of either an inadequate or
inappropriate resolution of the findings may result in contract remedies or sanctions
under the Breach of Contract and Remedies for Non -Compliance Article of these
General Provisions (Core Subrecipient 2008) 6/12/2007 14
General Provisions.
ARTICLE X NOTICE REQUIREMENTS.
Section 10.01 Child Abuse Reporting Requirement. This section applies to
mental health and substance abuse contractors and contractors for the following
public health programs: HIV/STD; Family Planning (Titles V, X and XX); Primary
Health Care; Maternal and Child Health; and WIC Nutrition Services. Contractor
shall make a good faith effort to comply with child abuse reporting guidelines and
requirements in TEx. FAM. CODE ch. 261 relating to investigations of reports of
child abuse and neglect. Contractor shall develop, implement and enforce a written
policy that includes at a minimum the Department's Child Abuse Screening,
Documenting, and Reporting Policy for Contractors/Providers and train all staff on
reporting requirements. Contractor shall use the Checklist for Monitoring as
required by the Department located at www.dshs.state.tx.us/childabusereporting.
Contractor shall retain reporting documentation on site and make it available for
inspection by DSHS.
Section 10.02 Significant Incidents. In addition to notifying the appropriate
authorities, Contractor shall report to the Division Contract Management Unit
assigned to the Program Attachment significant incidents involving substantial
disruption of program operation or potentially affecting Department funded clients
or participants within seventy-two (72) hours of discovery.
Section 10.03 Litigation. Contractor shall notify the Division Contract
Management Unit assigned to the Program Attachment of litigation related to or
affecting this Contract and to which Contractor is a party within seven (7) calendar
days of becoming aware of such a proceeding. This includes, but is not limited to
an action, suit or proceeding before any court or governmental body, including
environmental and civil rights matters, professional liability, and employee
litigation. Notification shall include the names of the parties, nature of the litigation
and remedy sought, including amount of damages, if any.
Section 10.04 Action Against the Contractor. Contractor shall notify the
Division Contract Management Unit assigned to the Program Attachment if
Contractor has had a contract suspended or terminated for cause by any local, state
or federal department or agency or nonprofit entity. Such notification shall include
the reason for such action that includes the name and contact information of the
local, state or federal department or agency or entity, the date of the contract, and
the contract or case reference number. If the Contractor, as an organization, has
surrendered its license or has had its license suspended or revoked by any local,
state or federal department or agency or non-profit entity, it shall disclose this
information to the Department by submitting a one page description of the reason(s)
for such action that includes the name and contact information of the local, state or
federal department or agency, or entity, the date of the license action, and a license
or case reference number.
General Provisions (Core Subrecipient 2008) 6/12/2007 15
Section 10.05 Insolvency. Contractor shall notify in writing the Division Contract
Management Unit assigned to the Program Attachment of Contractor's insolvency,
incapacity, or outstanding unpaid obligations to the Internal Revenue Service (IRS)
or Texas Workforce Commission (TWC) within three (3) working days of the date
of determination that Contractor is insolvent, incapacitated, or the date Contractor
discovered an unpaid obligation to the IRS or TWC. Contractor shall notify in
writing the Division Contract Management Unit assigned to the Program
Attachment of its plan to seek bankruptcy protection within three (3) working days
of such action by the Contractor's board of directors.
Section 10.06 Misuse of Funds. Contractor shall report to the Division Contract
Management Unit assigned to the Program Attachment and to the State Auditor's
Office (SAO), any knowledge of debarment, suspected fraud, program abuse,
possible illegal expenditures, unlawful activity, or violation of financial laws, rules,
policies and procedures related to performance under this Contract. Contractor
shall make such report no later than three (3) working days from the date that the
Contractor has knowledge or reason to believe such activity has taken place.
Contractor shall make the report to the SAO at (800) TX -AUDIT, or by Internet at
htti)://www.sao.state.tx.us.
Section 10.07 Criminal Activity and Disciplinary Action. Contractor shall notify
in writing the Division Contract Management Unit assigned to the Program
Attachment if it has reason to believe Contractor, or a person with ownership or
controlling interest in the organization or who is an agent or managing employee of
the organization, an employee or volunteer of Contractor, or a subcontractor has
engaged in any activity that would constitute a criminal offense equal to or greater
than a Class A misdemeanor or if such activity would reasonably constitute grounds
for disciplinary action by a state or federal regulatory authority, or has been placed
on community supervision, received deferred adjudication, or been convicted of a
criminal offense relating to involvement in any financial matter, federal or state
program or felony sex crime. Contractor shall make the reports required by this
section no later than three (3) working days from the date that the Contractor has
knowledge or reason to believe such activity has taken place.
Section 10.08 Retaliation Prohibited. Contractor shall not retaliate against any
person who reports a violation of, or cooperates with an investigation regarding,
any applicable law, rule, or standard to the SAO, the Department, another state
agency, or any federal, state or local law enforcement official.
Section 10.09 Documentation. Contractor shall maintain appropriate
documentation of all notices.
ARTICLE XI ASSURANCES AND CERTIFICATIONS.
Section 11.01 Certification. Contractor certifies by execution of this Contract to
the following:
General Provisions (Core Subrecipient 2008) 6/12/2007 16
a) it is not ineligible for participation in federal or state assistance
programs;
b) neither it, nor its principals, are presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by any federal or state department
or agency;
c) it has not knowingly failed to pay a single substantial debt or a
number of outstanding debts to a federal or state agency;
d) it is not subject to an outstanding judgment in a suit against
Contractor for collection of the balance of a debt;
e) it is in good standing with all state and/or federal agencies that have
a contracting or regulatory relationship with Contractor; and
f) that no person who has an ownership or controlling interest in
Contractor or who is an agent or managing employee of Contractor has
been convicted of a criminal offense related to involvement in any
program established under Medicare, Medicaid, or a federal block grant.
Where Contractor is unable to certify to any of the statements in this Article,
Contractor shall submit an explanation to the Division Contract Management Unit
assigned to the Program Attachment. If Contractor's status with respect to the items
certified above changes during the Contract, Contractor shall immediately notify the
Division Contract Management Unit assigned to the Program Attachment.
Section 11.02 Child Support Delinquencies. As required by TEXTAM.CODE §
231.006, a child support obligor who is more than thirty (30) calendar days
delinquent in paying child support and a business entity in which the obligor is a
sole proprietor, partner, shareholder, or owner with an ownership interest of at least
twenty-five percent (25%) is not eligible to receive payments from state funds
under a contract to provide property, materials, or services or receive a state -funded
grant or loan. If applicable, Contractor agrees to maintain its eligibility to receive
payments under this Contract, certifies that it is not ineligible to receive the
payments specified in this Contract, and acknowledges that this Contract may be
terminated and payment may be withheld if this certification is inaccurate.
Section 11.03 Authorization. Contractor certifies that it possesses legal authority
to contract for the services set forth in this Contract and that a resolution, motion or
similar action has been duly adopted or passed as an official act of the Contractor's
governing body, authorizing the binding of the organization under this Contract
including all understandings and assurances contained in this Contract, and
directing and authorizing the person identified as the authorized representative of
the Contractor to act in connection with the Contract and to provide such additional
information as may be required.
Section 11.04 Gifts and Benefits Prohibited. Contractor certifies that it has not
given, offered to give, nor intends to give at any time hereafter, any economic
opportunity, present or future employment, gift, loan, gratuity, special discount,
General Provisions (Core Subrecipient 2008) 6/12/2007 17
trip, favor, service or anything of monetary value -to a DSHS or HHSC official or
employee in connection with this Contract.
Section 11.05 Ineligibility to Receive the Contract. Pursuant to TEx. Gov'T.
CODE Section § 2155.004, and federal law, Contractor is ineligible to receive this
Contract if the Contract includes financial participation by a person who received
compensation from DSHS to participate in developing, drafting or preparing the
specifications, requirements, statement(s) of work or Solicitation Document on
which this Contract is based. Contractor certifies that neither Contractor, nor its
employees, nor anyone acting for the Contractor has received compensation from
DSHS for participation in the development, drafting or preparation of
specifications, requirements or statement(s) of work for this Contract or in the
Solicitation Document on which this Contract is based. Contractor further certifies
that the individual or business entity named in this Contract is not ineligible to
receive the specified Contract. Contractor acknowledges that this Contract may be
terminated and payment withheld if these certifications are inaccurate.
Section 11.06 Antitrust. Pursuant to 15 U.S.C.A. Sec. 1, et seq. and TEx. Bus. &
COMM. CODE Section § 15.01, et seq. Contractor certifies that neither Contractor,
nor anyone acting for the Contractor has violated the antitrust laws of this state or
federal antitrust laws, nor communicated directly or indirectly regarding the bid
with any competitor or any other person engaged in such line of business for the
purpose of substantially lessening competition in such line of business.
Section 11.07 Initiation and Completion of Work. Contractor certifies that it
shall initiate and complete the work under the Contract within the applicable time
frame prescribed in the Contract.
ARTICLE XII GENERAL BUSINESS OPERATIONS OF
CONTRACTOR.
Section 12.01 Board Training. If they have not already done so within the
preceding two (2) years, a majority of the board of directors of Contractor shall
review the Department's board training in the format provided by the Department
and shall verify in writing to the DSHS Contract Oversight and Support Section that
the review took place. Written verification shall be submitted no later than the end
of the first* quarter of the Contract and shall be in the form required by the
Department. This review shall be completed at least every two (2) years of
consecutive funding from the Department, except that each member of the
governing board of a Contractor that provides mental health services shall complete
the board training review initially and then annually. The training may be viewed
through the Contractor Board Training link on the DSHS website at
htti)://www.dshs.state.tx.us/contractor.shtm.
Section 12.02 Duty of Compliance. Contractor and its governing board, shall bear
full responsibility for the integrity of the fiscal and programmatic management of
the organization. This provision applies to all organizations, including Section
General Provisions (Core Subrecipient 2008) 6/12/2007 18
501(c)(3) organizations as defined in the Internal Revenue Service Code as not-for-
profit organizations. The responsibility of Contractor's governing board shall
include: accountability for all funds and materials received from Department;
compliance with Department Rules, policies, procedures, and applicable federal and
state laws and regulations; and correction of fiscal and program deficiencies
identified through self-evaluation and Department's monitoring processes. Further,
Contractor's governing board shall ensure separation of powers, duties, and
functions of board members and staff. Staff members, including the executive
director, shall not serve as voting members of the Contractor's governing board.
Ignorance of any Contract provisions or other requirements contained or referenced
in this Contract shall not constitute a defense or basis for waiving or appealing such
provisions or requirements.
Section 12.03 Management and Control Systems. Contractor shall maintain an
appropriate contract administration system to insure that all terms, conditions, and
specifications are met. Contractor shall develop, implement, and maintain financial
management and control systems that meet or exceed the requirements of UGMS
and adhere to procedures detailed in Department's Contractor's Financial
Procedures Manual available at the Department's web site:
http://www.dshs.state.tx.us/contracts. Those requirements shall include at a
minimum:
a) financial planning, including the development of budgets that
adequately reflect all functions and resources necessary to carry out
authorized activities and the adequate determination of costs;
b) financial management systems including accurate, correct, and
complete accounting records that identify the source and application of
funds provided under each Program Attachment of this Contract, and
that support the information contained in required financial reports; and
cost source documentation; and
c) effective internal and budgetary controls; determination of
reasonableness, allowableness, and allocability of costs; timely and
appropriate audits and resolution of any findings; billing and collection
policies; and a mechanism capable of billing and making reasonable
efforts to collect from clients and third parties.
Section 12.04 Insurance and Bonding. Contractor shall maintain insurance or
other means of replacing assets purchased with Department funds.
Section 12.05 Fidelity Bond. Contractor is required to carry a fidelity bond or
insurance coverage equal to the amount of funding provided under this Contract up
to $100,000 that covers each employee of Contractor handling funds under this
Contract, including person(s) authorizing payment of such funds. The fidelity bond
or insurance shall provide for indemnification of losses occasioned by: (1) any
fraudulent or dishonest act or acts committed by any of Contractor's employees,
either individually or in concert with others, and/or (2) failure of Contractor or any
of its employees to perform faithfully his/her duties or to account properly for all
General Provisions (Core Subrecipient 2008) 6/12/2007 19
monies and property received by virtue of his/her position or employment
Section 12.06 Liability Coverage. Contractor shall also maintain liability
insurance coverage, referred to in TEx. Gov'T. CODE § 2261.102, as "director and
officer liability coverage," where Contractor is a legal entity that is required to have
directors and/or officers. This provision applies to entities that are organized as
non-profit corporations under the Texas Non -Profit Corporation Act; for-profit
corporations organized under the Texas Business Corporations Act; and any other
legal entity that is required under Texas law to have directors and/or officers.
Contractor shall maintain liability insurance coverage in an amount not less than the
total value of this Contract and that is sufficient to protect the interests of
Department in the event an actionable act or omission by a director or officer of
Contractor damages Department's interests.
Section 12.07 Overtime Compensation. Except as provided in this section,
Contractor shall not use any of the funds provided by this Contract to pay the
premium portion of overtime. Contractor shall be responsible for any obligations of
premium overtime pay due employees. Premium overtime pay is defined as any
compensation paid to an individual in addition to the employee's normal rate of pay
for hours worked in excess of normal working hours. Funds provided under this
Contract may be used to pay the premium portion of overtime only under the
following conditions: 1) with the prior approval of DSHS; 2) temporarily, in the
case of an emergency or an occasional operational bottleneck; 3) when employees
are performing indirect functions, such as administration, maintenance, or
accounting; 4) in performance of tests, laboratory procedures, or similar operations
that are continuous in nature and cannot reasonably be interrupted or otherwise
completed; or 5) when lower overall cost to DSHS will result.
Section 12.08 Program Site. All Contractors shall ensure that the location where
services are provided is in compliance with all applicable local, state and federal
zoning, building, health, fire, and safety standards.
Section 12.09 Cost Allocation Plan. Contractor shall submit a Cost Allocation
Plan in the format provided in the Department's Contractor's Financial Procedures
Manual to the Department's Contract Oversight and Support Section at Mail Code
1326, 1100 W. 49'. St. Austin, Texas 78756, except under the circumstance where
a Contractor has a current Cost Allocation Plan on file with the Department.
Contractor shall implement and follow the applicable Cost Allocation Plan. If
Contractor's plan is the same as in the previous year, by signing this Contract,
Contractor certifies that its current Cost Allocation Plan for the current year is the
same as that submitted to DSHS for the previous year. In the event that the Cost
Allocation Plan changes during the Contract term, Contractor must submit a new
Cost Allocation Plan to the Contract Oversight and Support Section within 30
calendar days after the effective date of the change. Cost Allocation Plan must
comply with the guidelines provided in the Department's Contractor's Financial
Procedures Manual located at http://www.dshs.state.tx.us/contracts.
General Provisions (Core Subrecipient 2008) 6/12/2007 20
Section 12.10 Reporting for Unit Rate and Fee For Service Contracts.
Contractor shall submit reports concerning unit rate and fee-for-service contracts to
the Department in accordance with the requirements stated in the Department's
Contractor's Financial Procedures Manual located at
h"://www. dshs.state.tx.us/contracts.
Section 12.11 Historically Underutilized Businesses (HUBs). If Contractor was
not required to submit a HUB subcontracting plan and if subcontracting is permitted
under this Program Attachment, Contractor is encouraged to make a good faith
effort to consider subcontracting with HUBs as set forth in TEX. Gov'T CODE ch.
2161 and 1 TEX ADM. CODE § 111.12. Contractors may obtain a list of HUBS at
hqp•//www.tbpc.state.tx.us. If Contractor has filed a HUB subcontracting plan, the
plan is incorporated by reference in this Contract. If Contractor desires to make a
change in the plan, Contractor must obtain prior approval from the Department's
HUB Coordinator of the revised plan before proposed changes will be effective
under the Contract. Contractor agrees to make a good faith effort to subcontract
with HUBs during the performance of this Contract and will report HUB
subcontract activity to the Department's HUB Coordinator by the 15th day of each
month for the prior month's activity, if there was any such activity, in accordance
with 1 TEX. ADM CODE § 111.16(c).
Section 12.12 Buy Texas. Contractor shall purchase products and materials
produced in Texas when the products and materials are available at a price and time
comparable to products and materials produced outside of Texas as required by
TEX. Gov' T CODE § 215 5.4441.
Section 12.13 Contracts with Subrecipient Subcontractors. Contractor may
enter into contracts with subrecipient subcontractors unless restricted or otherwise
prohibited in a specific Program Attachment(s). Prior to entering into an agreement
equaling $25,000 or twenty-five percent (25%) of a Program Attachment amount,
whichever is greater, Contractor shall obtain written approval from DSHS.
Contracts with subcontractors shall be in writing and include the following:
a) Name and address of all parties;
b) A detailed description of the services to be provided;
c) Measurable method and rate of payment and total amount of contract;
d) Clearly defined and executable termination clause;
e) Beginning and ending dates that coincide with the dates of the applicable
Program Attachment(s) or cover a term within the beginning and ending dates
of the applicable Program Attachment(s);
f) Access to inspect the work and the premises on which any work is performed,
in accordance with the Access and Inspection Article in these General
Provisions; and
General Provisions (Core Subrecipient 2008) 6/12/2007 21
g) A copy of these General Provisions and a copy of the Statement of Work and
any Special Provisions in the Program Attachment(s) applicable to the
subcontract.
Contractor is responsible to DSHS for the performance of any subcontractor.
Contractor shall monitor both financial and programmatic performance and
maintain pertinent records that shall be available for inspection by DSHS.
Contractor shall ensure that subcontractors are fully aware of the requirements
placed upon them by state/federal statutes and regulations and under this Contract.
Contractor shall not contract with a subcontractor, at any tier, that is debarred or
suspended or excluded from or ineligible for participation in federal assistance
programs.
Section 12.14 Status of Subcontractors. Contractor shall require that all
subcontractors certify that they are in good standing with all state and federal
funding and regulatory agencies; are not currently debarred, suspended, or
otherwise excluded from participation in federal grant programs; are not delinquent
on any repayment agreements; have not had a required license or certification
revoked; and have not had a contract terminated by the Department. Contractors
shall further require that subcontractors certify that they have not voluntarily
surrendered within the past three (3) years any license issued by the Department.
Section 12.15 Incorporation of Terms. Contractor shall ensure that all written
agreements with subrecipient subcontractors incorporate the terms of this Contract,
and provide that the subcontractor is subject to audit by DSHS, HHSC and the
SAO.
Section 12.16 Independent Contractor. Contractor is an independent contractor.
Contractor shall direct and be responsible for the performance of its employees,
subcontractors, joint venture participants or agents. Contractor is not an agent or
employee of the Department or the State of Texas for any purpose whatsoever. For
purposes of this Contract, Contractor acknowledges that its employees,
subcontractors, joint venture participants or agents will not be eligible for
unemployment compensation from the Department or the State of Texas.
Section 12.17 Authority to Bind. The person or persons signing and executing
this Contract on behalf of Contractor, or representing themselves as signing and
executing this Contract on behalf of Contractor, warrant and guarantee that they
have been duly authorized by Contractor to execute this Contract for Contractor and
to validly and legally bind Contractor to all of its terms.
Section 12.18 Tax Liability. Contractor shall comply with all state and federal tax
laws and is solely responsible for filing all required state and federal tax forms and
making all tax payments. In the event that the Department discovers that
Contractor has failed to remain current on a delinquent liability to the IRS, the
Contract will be subject to remedies and sanctions under this Contract, including
immediate termination at the Department's discretion. In the event of Contract
General Provisions (Core Subrecipient 2008) 6/12/2007 22
termination under this section, the Department will not enter into a Contract with
Contractor for three (3) years from the date of termination.
Section 12.19 Notice of Organizational Change. Contractor shall submit
written notice to the Division Contract Management Unit assigned to the Program
Attachment within ten business days of any change to the following: Contractor's
name; contact information; key personnel, officer, director or partner;
organizational structure; legal standing; or authority to do business in Texas. A
change in Contractor's name requires an amendment to the Contract in accordance
with the Amendments section of these General Provisions.
Section 12.20 Quality Management. Contractor shall comply with quality
management requirements as directed by the Department.
Section 12.21 Equipment and Controlled Assets Purchases. Equipment means
an article of nonexpendable, tangible personal property having a useful lifetime of
more than one year and an acquisition cost of $5,000 or more. Contractor must
inventory equipment, and controlled assets, which include firearms regardless of the
acquisition cost, and the following assets with an acquisition cost of $500 or more:
desktop and laptop computers, non-portable printers and copiers, emergency
management equipment, communication devices and systems, medical and
laboratory equipment, and media equipment. Contractors on a cost reimbursement
payment method shall comply with the requirements of the provisions in this
Article concerning equipment. If purchase of equipment is approved in writing by
the Department, Contractor is required to initiate the purchase of that equipment in
the first quarter of the Contract or Program Attachment term, as applicable. Failure
to initiate the purchase of equipment may result in loss of availability of funds for
the purchase of equipment. Requests to purchase previously approved equipment
after the first quarter of the Program Attachment must be submitted to the Division
Contract Management Unit assigned to the Program Attachment.
Section 12.22 Supplies. Supplies are defined as consumable items necessary to
carry out the services under this Contract including medical supplies, drugs,
janitorial supplies, office supplies, patient educational supplies, software, and any
items of tangible personal property other than those defined as equipment above.
Section 12.23 Changes to Equipment List. All items of equipment purchased
with funds under this Contract shall be itemized in Contractor's equipment list as
finally approved by the Department in the executed Contract. Any changes to the
approved equipment list in the executed Contract shall be approved in writing by
Department prior to purchase of equipment. Contractor shall submit to the Division
Contract Management Unit assigned to the Program Attachment, a written
description including complete product specifications and need justification prior to
purchasing any item of unapproved equipment. If approved, Department will
acknowledge its approval by means of a written amendment or by written
acceptance of Contractor's Contract Revision Request, as appropriate.
General Provisions (Core Subrecipient 2008) 6/12/2007 23
Section 12.24 Property Inventory and Protection of Assets. Contractor shall
maintain a nonexpendable personal property (equipment and controlled assets)
inventory and submit an annual cumulative report to the De9artment's Contract
Oversight and Support Section, Mail Code 1326, 1100 W. 49 St., Austin, Texas
78756, no later than October 15`h of each year. The form for this report (Form GC -
11) is located on the DSHS website at
http://www.dshs.state.tx.us/contracts/fonns.shtm. Contractor shall administer a
program of maintenance, repair, and protection of assets under this Contract so as to
assure their full availability and usefulness. In the event Contractor is indemnified,
reimbursed, or otherwise compensated for any loss of, destruction of, or damage to
the assets provided under this Contract, it shall use the proceeds to repair or replace
said assets.
Section 12.25 Bankruptcy. In the event of bankruptcy, Contractor shall sever
Department property, equipment, and supplies in possession of Contractor from the
bankruptcy, and title shall revert to Department.
Section 12.26 Title to Property. At the conclusion of the contractual relationship
between the Department and the Contractor, for any reason, title to any remaining
equipment and supplies purchased from funds under this Contract reverts to
Department. Title may be transferred to any other party designated by Department.
The Department may, at its option and to the extent allowed by law, transfer the
reversionary interest to such property to Contractor.
Section 12.27 Property Acquisitions. Department funds may not be used to
purchase buildings or real property. Any costs related to the initial acquisition of
the buildings or real property is not allowable.
Section 12.28 Disposition of Property. Contractor shall follow the procedures in
the American Hospital Association's (AHA's) "Estimated Useful Lives of
Depreciable Hospital Assets" in disposing, at any time during or after the Contract
term, of equipment or controlled assets purchased with the Department funds,
except when federal or state statutory requirements supersedes, or when the
equipment requires licensure or registration by the state, or when the acquisition
price of the equipment or controlled asset is equal to or greater than $10,000. All
other equipment and controlled assets not listed in the AHA reference (other than
equipment that requires licensure or registration or that has an acquisition cost equal
to or greater than $10,000) shall be controlled by the requirements of UGM. If,
prior to the end of the useful life, any item of equipment is no longer needed to
perform services under this Contract, or becomes inoperable, or if the equipment
requires licensure or registration or had an acquisition price equal to or greater than
$10,000, Contractor shall request disposition approval and instructions in writing
from the Department's Contract Oversight and Support Section, Mail Code 1326,
1100 W. 49 St., Austin, Texas 78756. After an item reaches the end of its useful
life, Contractor must ensure that disposition of any equipment is in accordance with
Generally Accepted Accounting Principles, and any applicable federal guidance.
General Provisions (Core Subrecipient 2008) 6/12/2007 24
Section 12.29 Closeout of Equipment. At the end of the term of a Program
Attachment that has no additional renewals or that will not be renewed (Closeout),
Contractor shall submit to the Divisions Contract Management Unit assigned to the
Program Attachment, an inventory of property purchased with Department funds
and request disposition instructions for such property. All property purchased with
Department funds shall be secured by the Contractor at the time of Closeout and
shall be returned to the Department as required by the Department's disposition
instructions or at the request of the Department at the Contractor's expense.
Section 12.30 Assets as Collateral Prohibited. Contractors on a cost
reimbursement payment method shall not encumber property purchased with
Department funds without prior written approval from the Department.
ARTICLE XIII GENERAL TERMS.
Section 13.01 Assignment. Contractor will not transfer, assign, or sell its interest,
in whole or in part, in this Contract, or in any equipment purchased with funds from
this Contract, without the prior written consent of the Department.
Section 13.02 Lobbying. Contractor shall comply with GOV. CODE §556.0055,
which prohibits contractors who receive state funds from using those funds to pay
lobbying expenses. Further, Contractor shall not use funds paid under this Contract
to pay any person for influencing or attempting to influence an officer or employee
of any agency, federal or state, a member of Congress, an officer or employee of
Congress, or an employee of a member of Congress in connection with the
awarding of any contract or the extension, continuation, renewal, amendment, or
modification of any contract (31 U.S.C.A. § 1352, as amended, and UGMS). If at
any time this Contract exceeds $100,000 of federal funds, Contractor shall file with
the Division Contract Management Unit assigned to the Program Attachment a
declaration containing the name of any registrant under the Lobbying Disclosure
Act of 1995 who has made lobbying contacts on behalf of Contractor in connection
with the Contract, a certification that none of the funds provided by Department
have been or will be used for payment to lobbyists, and disclosure of the names of
any and all registered lobbyists with whom Contractor has an agreement.
Contractor shall file the declaration, certification, and disclosure at the time of
application for the Contract; upon execution of the Contract unless Contractor
previously filed a declaration, certification, or disclosure form in connection with
the award; and at the end of each calendar quarter in which there occurs any event
that materially affects the accuracy of the information contained in any declaration,
certification, or disclosure previously filed. Contractor shall require any person who
requests or receives a subcontract to file the same declaration, certification, and
disclosure with the Division Contract Management Unit assigned to the Program
Attachment. Contractor shall also comply, as applicable, with the lobbying
restrictions and requirements in OMB Circulars A-122 Attachment B paragraph 25;
A-87 Attachment B section 27; A-110 section —.27 and A-21 paragraphs 17 and 24.
Contractor shall include this provision in any subcontracts.
General Provisions (Core Subrecipient 2008) 6/12/2007 25
Section 13.03 Conflict of Interest. Contractor represents to the Department that it
does not have nor shall it knowingly acquire any financial or other interest that
would conflict in any manner with the performance of its obligations under this
Contract. Potential conflicts of interest include, but are not limited to, an existing or
potential business or personal relationship between Contractor, its principal (or a
member of the principal's immediate family), or any affiliate or subcontractor and
Department or HHSC, their commissioners, officers or employees, or any other
entity or person involved in any way in any project that is the subject of this
Contract. Contractor shall establish safeguards to prohibit employees from using
their positions for a purpose that constitutes or presents the appearance of personal
or organizational conflict of interest or personal gain.
Section 13.04 Transactions Between Related Parties. Contractor shall identify
and report to DSHS any transactions between Contractor and a related party that is
part of the work that the Department is purchasing under this Contract before
entering into the transaction or immediately upon discovery. Contractor shall
submit to the Division Contract Management Unit assigned to the Program
Attachment the name, address and telephone number of the related party, how the
party is related to the Contractor and the work the related party will perform under
the Contract. A related party is a person or entity related to the Contractor by blood
or marriage, common ownership or any association that permits either to
significantly influence or direct the actions or policies of the other. The Contractor,
for purposes of reporting transactions between related parties, includes the entity
contracting with the Department under this Contract as well as the chief executive
officer, chief financial officer and program director of the Contractor. Contractor
shall comply with TEx. GOVT CODE ch. 573. Contractor shall maintain records and
supply any additional information requested by the Department, regarding a
transaction between related parties, needed to enable the Department to determine
the appropriateness of the transaction pursuant to applicable state or federal law,
regulations or circulars, which may include 45 C.F.R. part 74, OMB Circ. No. A-
110 (Rev. 11/19/93, as further amended 09/30/99), 2 CFR §215.42, and UGMS.
Section 13.05 Intellectual Property. Texas Health and Safety Code § 12.020
authorizes DSHS to protect intellectual property developed as a result of this
Contract.
(a) "Intellectual property" means created property that may be protected under
copyright, patent, or trademark/service mark law.
(b) For purposes of this Contract intellectual property prepared for DSHS use, or a
work specially ordered or commissioned through a contract for DSHS use is
"work made for hire." DSHS owns works made for hire unless it agrees
otherwise by contract. To the extent that title and interest to any such work may
not, by operation of law, vest in DSHS, or such work may not be considered a
work made for hire, Contractor irrevocably assigns the rights, title and interest
therein to DSHS. DSHS shall have the right to obtain and hold in its name any
and all patents, copyright, registrations or other such protections as may be
appropriate to the subject matter, and any extensions and renewals thereof.
General Provisions (Core Subrecipient 2008) 6%12/2007 26
Contractor must give DSHS and the State of Texas, as well as any person
designated by DSHS and the State of Texas, all assistance required to perfect the
rights defined herein without charge or expense beyond those amounts payable to
Contractor for goods provided or services rendered under this Contract.
(c) If federal funds are used to finance activities supported by this Contract that
result in the production of intellectual property, the federal awarding agency
reserves a royalty -free, nonexclusive, and irrevocable license to reproduce,
publish, or otherwise use, and to authorize others to use, for federal government
purposes (1) the copyright in any intellectual property developed under this
Contract, including any subcontract and (2) any rights of copyright to which a
Contractor purchases ownership with contract funds. Contractor shall place an
acknowledgment of federal awarding agency grant support and a disclaimer, as
appropriate, on any publication written or published with such support and, if
feasible, on any publication reporting the results of or describing a grant -
supported activity. An acknowledgment shall be to the effect that "This
publication was made possible by grant number from (federal awarding
agency " or "The project described was supported by grant number from
(federal awarding agency)" and "Its contents are solely the responsibility of the
authors and do not necessarily represent the official views of the (federal
awarding agency)."
(d) In the event the terms of a federal grant award the copyright to Contractor, DSHS
reserves a royalty -free, nonexclusive, worldwide and irrevocable license to
reproduce, publish or otherwise use, and to authorize others to use, for DSHS,
public health, and state governmental noncommercial purposes (1) the copyright,
trademark, service mark, and/or patent on an invention, discovery, or
improvement to any process, machine, manufacture, or composition of matter;
products; technology; scientific information; trade secrets; and computer
software, in any work developed under a grant, subgrant, or contract under a grant
or subgrant; and (2) any rights of copyright, service or trade marks or patents to
which a grantee, subgrantee or a Contractor purchases ownership with contract
funds.
(e) If the results of the contract performance are subject to copyright law, the
Contractor cannot publish those results without prior review and approval of
DSHS. Contractor shall submit requests for review and approval to the Division
Contract Management Unit assigned to the Program Attachment.
Section 13.06 Other Intangible Property. At the conclusion of the contractual
relationship between Department and the Contractor, for any reason, Department
shall have the sole ownership rights and interest in all non -copyrightable intangible
property that was developed, produced or obtained by Contractor as a specific
requirement under the Contract or under any grant that funds this Contract, such as
domain names, URLs, etc. Contractor shall cooperate with Department and
perform all actions necessary to transfer ownership of such property to the
Department or its designee, or otherwise affirm Department's ownership rights and
interest in such property. This provision shall survive the termination or expiration
of the Contract.
General Provisions (Core Subrecipient 2008) 6/12/2007 27
Section 13.07 Severability and Ambiguity. If any provision of this Contract is
construed to be illegal or invalid, the illegal or invalid provision will be deemed
stricken and deleted to the same extent and effect as if never incorporated, but all
other provisions will continue. Parties represent and agree that the language
contained in this Contract is to be construed as jointly drafted, proposed and
accepted.
Section 13.08 Legal Notice. Any notice required or permitted to be given by the
provisions of this Contract shall be deemed to have been received by a Party on the
third business day after the date on which it was mailed to the Party at the address
first given above (or at such other address as the Party shall specify to the other
Party in writing) or, if sent by certified mail, on the date of receipt.
Section 13.09 Successors. The Contract shall be binding upon the Parties and their
successors and assignees, except as expressly provided in this Contract.
Section 13.10 Headings. The articles and section headings used in the Contract
are for convenience of reference only and shall not be construed in any way to
define, limit or describe the scope or intent of any provisions.
Section 13.11 Parties. The Parties represent to each other that they are entities
fully familiar with transactions of the kind reflected by this document, and are
capable of understanding the terminology and meaning of its terms and conditions
and of obtaining independent legal advice pertaining to this Contract.
Section 13.12 Survivability of Terms. Termination or expiration of this Contract
or a Program Attachment for any reason shall not release either party from any
liabilities or obligations set forth in this Contract that (a) the parties have expressly
agreed shall survive any such termination or expiration, or (b) remain to be
performed or (c) by their nature would be intended to be applicable following any
such termination or expiration.
Section 13.13 Direct Operation. The Department may temporarily assume
operations of a Contractor's program or programs funded under this Contract when
the continued operation of the program by Contractor puts at risk the health and
safety of clients and/or participants served by the Contractor, and there are no
reasonable alternatives available.
Section 13.14 Customer Service Information. If requested, Contractor shall
supply such information as required by the Department to comply with the
provisions of TEx. Gov'T CODE ch. 2114 regarding Customer Service surveys.
Section 13.15 Amendment. Parties agree that the Department may unilaterally
reduce funds pursuant to the terms of this Contract without the written agreement of
Contractor. All other amendments to this Contract must be in writing and agreed to
by both Parties, except as otherwise specified in the Contractor's Notification of
Change to Certain Contract Provisions section or the Contractor's Request for
Revision to Certain Contract Provisions section of these General Provisions.
General Provisions (Core Subrecipient 2008) 6/12/2007 28
Contractor's request for certain budget revisions or other amendments must be
submitted in writing, including a justification for the request, to the Division
Contract Management Unit assigned to the Program Attachment; and if a budget
revision or amendment is requested during the last quarter of the Contract or
Program Attachment term, as applicable, Contractor's written justification must
include a reason for the delay in making the request. Revision or amendment
requests may be granted at the discretion of DSHS. Except as otherwise provided
in this Article, Contractor shall not perform or produce, and DSHS shall not pay for
the performance or production of, different or additional goods, services, work or
products except pursuant to an amendment of this Contract that is executed in
compliance with this Section; and DSHS may not waive any term, covenant, or
condition of this Contract unless by amendment or otherwise in compliance with
this Section.
Section 13.16 Contractor's Notification of Change to Certain Contract
Provisions. The following changes may be made to the Contract without a written
amendment or the Department's prior approval:
1) Contractor's contact person and contact information.
2) Contact information for key personnel, as stated in the application.
3) Cumulative budget line item transfers that exceed 10% among direct cost
categories other than the equipment category, of cost reimbursement contract
Program Attachments of less than $100,000, provided that the total budget
amount is unchanged.
4) Minor corrections or clarifications to the Contract language that in no way alter
the Contract scope of work, objectives or performance measures.
5) A change in the Contractor's share of the budget concerning non-DSHS funding
other than program income and match, regardless of the amount of the change,
provided that in changing the budget, Contractor is not supplanting DSHS funds.
Contractor within ten days shall notify in writing the Division Contract
Management Unit assigned to the Program Attachment of any change enumerated
in this section. The notification may be by letter, fax or email.
Section 13.17 Contractor's Request for Revision of Certain Contract
Provisions. The following changes to the Contract may be made through a
Contractor's Revision Request, rather than through the amendment process:
1) Cumulative budget line item transfers among direct cost categories other than the
equipment category that exceed 10% of cost reimbursement contract Program
Attachments of $100,000 or more, provided that the total budget amount is
unchanged.
2) Line item transfer of funds for direct payment of training allowances for any cost
reimbursement contract.
3) Change in clinic hours or location.
4) Change in equipment list substituting an item of equipment equivalent to an item
of equipment on the approved budget, (Ex. purchase of XYZ brand computer
General Provisions (Core Subrecipient 2008) 6/12/2007 29
instead of approved ABC brand computer with essentially identical features as the
XYZ computer).
5) Changes in the equipment category of a previously approved equipment budget
(other than acquisition of additional equipment, which requires an amendment to
the Contract).
6) Changes specified in applicable cost principles as requiring prior approval,
regardless of dollar threshold.
7) Changes to community sites, independent school districts or schools, in substance
abuse Program Attachments.
In order to request a revision of any of the enumerated provisions, Contractor shall
obtain a Contract Revision Request form from the DSHS website and complete the
form as directed by the Department. Two copies of the completed form must be
signed by Contractor's representative who is authorized to sign contracts on behalf
of Contractor, and both original, signed forms must be submitted to the Division
Contract Management Unit assigned to the Program Attachment. Any approved
revision will not be effective unless signed by the DSHS Director of Client Services
Contracting Unit. A separate Contractor Revision Request is required for each
Program Attachment to be revised. Circumstances of a requested contract revision
may indicate the need for a Contract amendment with written justification rather
than a contract revision.
Section 13.18 Immunity Not Waived. THE PARTIES EXPRESSLY AGREE
THAT NO PROVISION OF THIS CONTRACT IS IN ANY WAY INTENDED
TO CONSTITUTE A WAIVER BY DEPARTMENT OR THE STATE OF
TEXAS OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY THAT
DEPARTMENT OR THE STATE OF TEXAS MAY HAVE BY OPERATION OF
LAW.
Section 13.19 Hold Harmless. Contractor, as an independent contractor, agrees to
hold Department, the State of Texas, individual state employees and officers, and
the federal government harmless and to indemnify them from any and all liability,
suits, claims, losses, damages and judgments, and to pay all costs, fees, and
damages to the extent that such costs, fees, and damages arise from performance or
nonperformance of Contractor, its employees, subcontractors, joint venture
participants or agents under this Contract.
Section 13.20 Waiver. Acceptance by either party of partial performance or failure
to complain of any action, non -action or default under this Contract shall not
constitute a waiver of either party's rights under the Contract.
Section 13.21 Contracting with Executive Head of State Agency. If Contractor
currently or subsequently employs a current or former executive head of DSHS,
Texas Department of Health, Texas Department of Mental Health and Mental
Retardation or Texas Commission on Alcohol and Drug Abuse, Contractor shall
submit the following information to the Division Contract Management Unit
assigned to the Program Attachment:
General Provisions (Core Subrecipient 2008) 6/12/2007 30
(a) Name of Executive;
(b) Name of State Agency;
(c) Date of Separation from State Agency, if separated;
(d) Date of Employment with Contractor; and
(e) Other information as required by DSHS to comply with TEx. Gov'T. CODE §
669.003.
Section 13.22 Technology Accessibility. If performance under this Contract
includes the development, modification or maintenance of a website for DSHS or
for the public on behalf of DSHS, Contractor expressly acknowledges that state
funds may not be expended in connection with the purchase of an automated
information system unless that system meets certain statutory and regulatory
requirements relating to accessibility by persons with blindness, visual impairments,
visual accuity less than 20/70, deafness, diminishing hearing, inability to speak or a
lack of fine motor control (collectively "affected persons"). Accordingly,
Contractor represents and warrants to DSHS that the technology provided to DSHS
for purchase is capable, either by virtue of features included within the technology
or because it is readily adaptable by use with other technology, of:
a. Providing equivalent access for effective use by affected persons;
b. Presenting information, including prompts used for interactive
communications, in formats intended for use by affected persons; and
c. Being integrated into networks for obtaining, retrieving, and disseminating
information used by affected persons.
For purposes of this section, the phrase "equivalent access" means a substantially
similar ability to communicate with or make use of the technology, either directly by
features incorporated within the technology or by other reasonable means such as
assistive devices or services that would constitute reasonable accommodations under
the Americans with Disabilities Act or similar state or federal laws. Examples of
methods by which equivalent access may be provided include, but are not limited to,
keyboard alternatives to mouse commands and other means of navigating graphical
displays, information retrieval provided in an enhanced auditory fashion, voice
commands, touch screen capacity, and customize display appearance.
ARTICLE XIV BREACH OF CONTRACT AND REMEDIES
FOR NON-COMPLIANCE.
Section 14.01 Actions Constituting Breach of Contract. Actions or inactions
that constitute breach of contract include, but are not limited to, the following:
General Provisions (Core Subrecipient 2008) 6/12/2007 31
a) failure to properly provide the services and/or goods purchased
under this Contract;
b) failure to comply with any provision of this Contract, including
failure to comply with all applicable statutes, rules or regulations;
c) failure to pay refunds or penalties owed to the Department;
d) failure to comply with a repayment agreement with the Department
or agreed order issued by the Department;
e) failure by Contractor to provide a full accounting of funds expended
under this Contract;
f) discovery of a material misrepresentation in any aspect of
Contractor's response to the Solicitation Document;
g) any misrepresentation in the assurances and certifications in the
Contractor's application or response to the Solicitation Document or in
this Contract; or
h) Contractor is on or is added to the Excluded Parties List System
(EPLS).
Section 14.02 General Remedies and Sanctions. The Department will monitor
Contractor for both programmatic and financial compliance. The remedies set forth
below are available to the Department against Contractor and any entity that
subcontracts with Contractor for provision of services or goods. HHSC OIG may
investigate, audit and impose or recommend imposition of sanctions to Department
for any breach of this Contract and may monitor Contractor for financial
compliance. The Department may impose one or more sanctions for each item of
noncompliance and will determine sanctions on a case-by-case basis. Contractor is
responsible for complying with all of the terms of this Contract. The listing of or
use of one or more of the remedies listed below does not relieve Contractor of any
obligations under the Contract. A state or federal statute, rule or regulation, or
federal guideline will prevail over the provisions of this Article unless the statute,
rule, regulation, or guideline can be read together with the provision(s) of this
Article to give effect to both. If the Contractor breaches this Contract by failing to
comply with one or more of the terms of this Contract, including but not limited to
compliance with applicable statutes, rules or regulations, the Department may take
one or more of the actions listed below:
General Provisions (Core Subrecipient 2008) 6/12/2007 32
a) terminate the Contract or a Program Attachment of the Contract as it
relates to a specific program type. In the case of termination, the
Department will inform Contractor of the termination no less than thirty-
one (3 1) calendar days before the effective date of the termination in a
notice of termination. The notice of termination will state the effective
date of the termination, the reasons for the termination, and, if
applicable, alert the Contractor of the opportunity to request a hearing on
the termination pursuant to TEx. Gov'T CODE ch. 2105 regarding
administration of Block Grants. The Contractor agrees that it shall not
make any claim for payment or reimbursement for services provided
from the effective date of termination;
b) suspend all or part of this Contract. Suspension is, depending on the
context, either (1) the temporary withdrawal of Contractor's authority to
obligate funds pending corrective action by Contractor or its
subcontractor(s) or pending a decision to terminate or amend the
Contract, or (2) an action taken by a suspending official in accordance
with Department rules to immediately exclude a person from
participating in contract transactions for a period of time, pending
completion of an investigation and such legal or debarment proceedings
as may ensue. Contractor may not bill DSHS for services performed
during suspension, and Contractor costs resulting from obligations
incurred by Contractor during a suspension are not allowable unless
expressly authorized by the notice of suspension;
c) deny additional or future contracts or renewals with Contractor;
d) reduce funding if the Contractor fails to provide services or goods
consistent with performance expectations described in the Contract;
e) disallow (deny both use of funds and matching credit for) all or part
of the activities or action not in compliance;
f) temporarily withhold cash payments. Temporarily withholding cash
payments means the temporary withholding of a working capital
advance, if applicable, or reimbursements or payments to Contractor for
proper charges or obligations incurred, pending resolution of issues of
noncompliance with conditions of this Contract or indebtedness to the
United States or to the State of Texas;
g) permanently withhold cash payments. Permanent withholding of
cash payment means that Department retains funds billed by Contractor
for (1) unallowable, undocumented, disputed, inaccurate, improper, or
erroneous billings; (2) material failure to comply with Contract
provisions; or (3) indebtedness to the United States or to the State of
Texas;
h) declare the Contract void upon the Department's determination that
the Contract was obtained fraudulently or upon the Department's
determination that the Contract was illegal or invalid from the Contract's
inception and demand repayment of any funds paid under the Contract;
General Provisions (Core Subrecipient 2008) 6/12/2007 33
i) request that Contractor be removed from the Centralized Master
Bidders List (CMBL) or any other state bid list, and bar it from
participating in future contracting opportunities with the State of Texas;
j) delay contract execution with Contractor while other imposed or
proposed sanctions are pending resolution;
k) place Contractor on probation. Probation means that Contractor will
be placed on accelerated monitoring for a period not to exceed six (6)
months at which time items of noncompliance must be resolved or
substantial improvement shown by Contractor. Accelerated monitoring
means more frequent or more extensive monitoring will be performed by
Department than would routinely be accomplished;
1) require Contractor to obtain technical or managerial assistance;
m) establish additional prior approvals for expenditure of funds by
Contractor;
n) require additional, more detailed, financial and/or programmatic
reports to be submitted by Contractor;
o) demand repayment from Contractor;
p) reduce the funding amount for failure to achieve or maintain the
proposed level of service, to expend funds appropriately and at a rate
which will make full use of the award, or to provide services or to
achieve local match, if required;
q) pursue a claim for damages as a result of breach of contract;
r) require removal of any officer, board member or employee of the
Contractor who has been convicted of the misuse of state or federal
funds, fraud or illegal acts that are in contraindication to continued
obligations under this Contract, as determined by DSHS;
s) withhold any payments to Contractor to satisfy any recoupment or
penalty imposed by DSHS, and take repayment from funds available
under this Contract, active or expired, in amounts necessary to fulfill
Contractor's repayment obligations;
t) reduce the Contract term;
u) recoup improper payments when it is verified that the Contractor has
been overpaid because of improper billing or accounting practices or
failure to comply with Contract terms; or
v) impose other remedies provided by law.
Section 14.03 Notice of Remedies or Sanctions. Department will formally notify
Contractor in writing when a remedy or sanction is imposed (with the exception of
accelerated monitoring, which may be unannounced), stating the nature of the
remedies and sanction(s), the reasons for imposing them, the corrective actions, if
any, that must be taken before the actions will be removed and the time allowed for
completing the corrective actions, and the method, if any, of requesting
reconsideration of the remedies and sanctions imposed. Contractor is required to
file, within fifteen (15) calendar days of receipt of notice, a written response to
Department acknowledging receipt of such notice. If requested by the Department,
General Provisions (Core Subrecipient 2008) 6/12/2007 34
the written response shall state how Contractor shall correct the noncompliance or
demonstrate in writing that the findings on which the remedies or sanction(s) are
based are either invalid or do not warrant the remedies or sanction(s). If
Department determines that a remedy or sanction is warranted, unless the remedy or
sanction is subject to review under a federal or state statute, regulation or guideline,
Department's decision is final. Department shall provide written notice to
Contractor of Department's decision. If required by the Department, Contractor
shall take corrective action.
Section 14.04 Emergency Action. In an emergency, Department may
immediately terminate or suspend all or part of this Contract, temporarily or
permanently withhold cash payments, deny contract renewal or future contract
awards, or delay contract execution by delivering written notice to Contractor, by
any verifiable method, stating the reason for the emergency action. An
"emergency" is defined as the following:
a) Contractor is noncompliant and the noncompliance has a direct
adverse impact on the public or client health, welfare or safety. The
direct adverse impact may be programmatic or financial and may
include failing to provide services, providing inadequate services,
providing unnecessary services, or utilizing resources so that the public
or clients do not receive the benefits contemplated by the scope of work
or performance measures; or
b) Contractor is expending funds inappropriately.
Whether Contractor's conduct or noncompliance is an emergency will be
determined by Department on a case-by-case basis and will be based upon the
nature of the noncompliance or conduct.
ARTICLE XV CLAIMS AGAINST THE DEPARTMENT.
Section 15.01 Breach of Contract Claim. The process for a breach of contract
claim against the Department provided for in Chapter 2260 of Texas Government
Code and implemented in the rules at 25 TAC §§1.431-1.447 shall be used by
DSHS and Contractor to attempt to resolve any breach of contract claim against
DSHS.
Section 15.02 Notice. Contractor's claims for breach of this Contract that the
parties cannot resolve in the ordinary course of business shall be submitted to the
negotiation process provided in Chapter 2260, subchapter B, Texas Government
Code. To initiate the process, Contractor shall submit written notice, as required by
subchapter B, to DSHS's Office of General Counsel. The notice shall specifically
state that the provisions of Chapter 2260, subchapter B, are being invoked. A copy
of the notice shall also be given to all other representatives of DSHS and
Contractor. Subchapter B is a condition precedent to the filing of a contested case
proceeding under Chapter 2260, subchapter C, Texas Government Code.
General Provisions (Core Subrecipient 2008)
6/12/2007 35
Section 15.03 Sole Remedy. The contested case process provided in Chapter
2260, subchapter C, Texas Government Code, is Contractor's sole and exclusive
process for seeking a remedy for any and all alleged breaches of contract by DSHS
if the parties are unable to resolve their disputes under this Article.
Section 15.04 Condition Precedent to Suit. Compliance with the contested case
process provided in Chapter 2260, subchapter C, Texas Government Code, is a
condition precedent to seeking consent to sue from the Legislature under Chapter
107 of the Civil Practices and Remedies Code. Neither the execution of this
Contract by DSHS nor any other conduct of any representative of DSHS relating to
this Contract shall be considered a waiver of sovereign immunity to suit.
Section 15.05 Performance Not Suspended. Neither the occurrence of an event
nor the pendency of a claim constitutes grounds for the suspension of performance
by Contractor, in whole or in part.
ARTICLE XVI TERMINATION.
Section 16.01 Expiration of Contract or Program Attachment(s). Contractor's
service obligations set forth in each Program Attachment shall end upon the
expiration date of that Program Attachment unless extended or renewed by written
amendment. Prior to completion of the term of all Program Attachments, all or a
part of this Contract may be terminated with or without cause as set forth below.
Section 16.02 Effect of Termination. Termination is the permanent withdrawal
of Contractor's authority to obligate previously awarded funds before that authority
would otherwise expire or the voluntary relinquishment by Contractor of the
authority to obligate previously awarded funds. Contractor costs resulting from
obligations incurred by Contractor after termination of an award are not allowable
unless expressly authorized by the notice of termination. Upon termination of this
Contract or Program Attachment, as applicable, Contractor shall cooperate with
DSHS to the fullest extent possible to ensure the orderly and safe transfer of
responsibilities under the Contract or Program Attachment, as applicable, to DSHS
or other entity designated by DSHS. Upon termination of all or part of this
Contract, Department and Contractor will be discharged from any further obligation
created under the applicable terms of this Contract or the Program Attachment, as
applicable, except for the equitable settlement of the respective accrued interests or
obligations incurred prior to termination and for Contractor's duty to cooperate with
DSHS. Termination does not, however, constitute a waiver of any remedies for
breach of this Contract. In addition, Contractor's obligations to retain records and
maintain confidentiality of information shall survive this Contract.
Section 16.03 Acts Not Constituting Termination. Termination does not
include: (1) withdrawal of funds awarded on the basis of the Contractor's
underestimate of the unobligated balance in a prior period; (2) withdrawal of the
unobligated balance at the expiration of the term of a Program Attachment; (3)
refusal to extend a Program Attachment or award additional funds to make a
General Provisions (Core Subrecipient 2008) 6/12/2007 36
competing or noncompeting continuation, renewal, extension, or supplemental
award; or (4) voiding of a contract upon determination that the award was obtained
fraudulently, or was otherwise illegal or invalid from inception.
Section 16.04 Termination Without Cause.
a) Either Party may terminate this Contract or a Program Attachment,
as applicable, with at least thirty (30) calendar days prior written notice
to the other Party, except that if Contractor seeks to terminate a Contract
or Program Attachment that involves residential client services,
Contractor must give the Department at least ninety (90) calendar days
prior written notice and must submit a transition plan to ensure client
services are not disrupted.
b) The Parties may terminate this Contract or a Program Attachment by
mutual agreement.
c) Either Party may terminate this Contract or a Program Attachment
with at least thirty (30) calendar days prior written notice to the other
Party in the event funds become unavailable through lack of
appropriations, budget cuts, transfer of funds between programs or
health and human services agencies, amendments to the Appropriations
Act, health and human services consolidations, or any disruption of
current appropriated funding for this Contract or Program Attachment
d) Department may terminate this Contract or a Program Attachment
immediately when, in the sole determination of Department, termination
is in the best interest of the State of Texas.
Section 16.05 Termination For Cause. Either Party may terminate for material
breach of this Contract with at least thirty (30) calendar days written notice to the
other Party. Department may terminate this Contract, in whole or in part, for breach
of contract or for any other conduct that jeopardizes the Contract objectives, by
giving at least thirty (30) calendar days written notice to Contractor. Such conduct
may include one or more of the following:
(a) a court of competent jurisdiction finds that Contractor has failed to adhere
to any laws, ordinances, rules, regulations or orders of any public authority having
jurisdiction;
(b) Contractor fails to communicate with Department or fails to allow its
employees or those of its subcontractor to communicate with Department as
necessary to the performance of this Contract;
(c) Contractor breaches a standard of confidentiality with respect to the
services provided under this Contract;
(d) Department determines that Contractor is without sufficient personnel or
resources to perform under this Contract or that Contractor is otherwise unable or
unwilling to fulfill any of its requirements under the Contract or exercise adequate
control over expenditures or assets;
General Provisions (Core Subrecipient 2008) 6/12/2007 37
(e) Department determines that Contractor, its agent or another representative
offered or gave a gratuity (e.g., entertainment or gift) to an official or employee of
DSHS or HHSC for the purpose of obtaining a contract or favorable treatment;
(f) Department determines that the Contract includes financial participation
by a person who received compensation from DSHS to participate in developing,
drafting or preparing the specifications, requirements or statement(s) of work or
Solicitation Document on which this Contract is based in violation of Gov. Code
§2155.004;
(g) Contractor appears to be financially unstable. Indicators of financial
instability may include one or more of the following:
1. Contractor fails to make payments;
2. Contractor makes an assignment for the benefit of its creditors;
3. Contractor admits in writing its inability to pay its debts generally as they
become due;
4. if judgment for the payment of money in excess of 550,000 (which is not
covered by insurance) is rendered by any court or governmental body against
Contractor, and Contractor does not (a) discharge the judgment or (b) provide for its
discharge in accordance with its terms, or (c) procure a stay of execution within
thirty (30) calendar days from the date of entry of the judgment, and within the
thirty (30) -day period or a longer period during which execution of the judgment
has been stayed, appeal from the judgment and cause the execution to be stayed
during such appeal while providing such reserves for the judgment as may be
required under generally accepted accounting principles;
5. a writ or warrant of attachment or any similar process shall be issued by any
court against all or any material portion of the property of Contractor, and such writ
or warrant of attachment or any similar process is not released or bonded within
thirty (30) calendar days after its entry;
6. Contractor is adjudicated bankrupt or insolvent;
7. Contractor files a case under the Federal Bankruptcy Code or seeks relief
under any provision of any bankruptcy, reorganization, arrangement, insolvency,
readjustment of debt, dissolution, receivership or liquidation law of any jurisdiction,
whether now or hereafter in effect, or consents to the filing of any case or petition
against it under any such law;
8. any property or portion of the property of Contractor is sequestered by court
order and the order remains in effect for more than thirty (30) calendar days after
Contractor obtains knowledge thereof,
9. a petition is filed against Contractor under any state reorganization,
arrangement, insolvency, readjustment of debt, dissolution, receivership or
liquidation law of any jurisdiction, whether now or hereafter in effect, and such
petition is not dismissed within thirty (30) calendar days;
10. Contractor consents to the appointment of a receiver, trustee, or liquidator of
Contractor or of all or any part of its property; or
General Provisions (Core Subrecipient 2008) 6/12/2007 38
(h) Contractor's management system does not meet the UGMS management
standards.
Section 16.06 Notice of Termination. Either Party may deliver written notice of
intent to terminate by any verifiable method. If either Party gives notice of its
intent to terminate all or a part of this Contract, Department and Contractor will
attempt to resolve any issues related to the anticipated termination in good faith
during the notice period.
ARTICLE XVII VOID, SUSPENDED, AND TERMINATED
CONTRACTS.
Section 17.01 Void Contracts. Department may hold this Contract void upon
determination that the award was obtained fraudulently or was otherwise illegal or
invalid from its inception.
Section 17.02 Effect of Void, Suspended, or Involuntarily Terminated
Contract. A Contractor who has been a party to a contract with DSHS that has
been found to be void, suspended, or terminated for cause is not eligible for
expansion of current contracts, if any, or new contracts or renewals until the
Department has determined that Contractor has satisfactorily resolved the issues
underlying the suspension or termination. Additionally, if this Contract is found to
be void, any amount paid is subject to refund.
Section 17.03 Appeals Rights. Pursuant to Gov. Code §2105.302, after receiving
notice from the Department of termination of a contract with DSHS funded by
block grant funds, Contractor may request an administrative hearing under Gov.
Code Chapter 2001.
ARTICLE XVIII CLOSEOUT AND CONTRACT
RECONCILIATION
Section 18.01 Cessation of Services At Closeout. Upon expiration of the Contract
or Program Attachment, as applicable, (and any renewals of the Contract or
Program Attachment) on its own terms, Contractor shall cease services under the
Contract or Program Attachment and shall cooperate with DSHS to the fullest
extent possible to ensure the orderly and safe transfer of responsibilities under the
Contract to DSHS or other entity designated by DSHS. Upon receiving notice of
Contract or Program Attachment termination or non -renewal, the Contractor agrees
to immediately begin to transition recipients of services to alternative service
providers, as needed. Contractor also agrees to completely cease providing services
under the Contract or Program Attachment by the date specified in the termination
or non -renewal notice. Contractor shall not bill DSHS for services performed after
termination or expiration of the Contract or Program Attachment, or incur any
additional expenses once the Contract or Program Attachment is terminated or has
expired. Upon termination, expiration or non -renewal of this Contract or a Program
Attachment, Contractor shall immediately initiate Closeout activities described in
General Provisions (Core Subrecipient 2008) 6/12/2007 39
this Article.
Section 18.02 Administrative Offset. The Department shall have the right to
administratively offset amounts owed by Contractor against billings.
Section 18.03 Deadline for Closeout. Contractor shall submit all financial,
performance, and other Closeout reports required under the Contract within sixty
(60) calendar days after the Contract or Program Attachment end date. Unless
otherwise provided under the Final Billing Submission section of the Payment
Methods and Restrictions Article, the Department is not liable for any claims that
are not received within sixty (60) calendar days after the Contract or Program
Attachment end date.
Section 18.04 Payment of Refunds. Any funds paid to the Contractor in excess of
the amount to which the Contractor is finally determined to be entitled under the
terms of the Contract constitute a debt to the Department and will result in a refund
due. Contractor shall pay any refund amount due within the time period established
by the Department.
Section 18.05 Disallowances and Adjustments. The Closeout of the Contract or
Program Attachment does not affect the Department's right to disallow costs and
recover funds on the basis of a later audit or other review or the Contractor's
obligation to return any funds due as a result of later refunds, corrections, or other
transactions.
Section 18.06 Contract Reconciliation. If Contractor is required to annually
reconcile multi-year contracts, Contractor, within 60 calendar days after the end of
each year of the Contract, shall submit to the Division Contract Management Unit
assigned to the Program Attachment all financial and reconciliation reports required
by Department in forms as determined by Department. Required reconciliation
forms and reports may include the following: Cash Match Participation Form, In-
kind Match Participation Form, Program Income Report, Equipment Inventory,
Controlled Items Inventory, Contractor's Release Agreement, and Reconciliation
Refund Remittance Form. Any additional forms or reports required by Department
shall be posted on the DSHS website prior to the reconciliation period. Unless
otherwise directed by Department, all forms and reports must be submitted in hard
copies, with original signatures if required, to DSHS by the due date.
General Provisions (Core Subrecipient 2008) 6/12/2007 40
CONTRACT NO. 2008 -024655 -
PROGRAM ATTACHMENT NO. 001
PURCHASE ORDER NO. 0000332534
CONTRACTOR: BEAUMONT PUBLIC HEALTH DEPARTMENT
DSHS PROGRAM NSS - WIC CARD PARTICIPATION
TERM: 10/01/2007 THRU: 09/30/2008
SECTION I. STATEMENT OF WORK:
Contractor shall administer the Department of State Health Services (DSHS) Special
Supplemental Nutrition Program for Women, Infant, and Children (WIC) to provide
supplemental food instruments, nutrition education, and counseling to enhance good health care
at no cost to low-income pregnant and postpartum women, infants and children identified to be at
nutritional risk. Contractor shall complete the following:
A. Perform professional, administrative and clerical services necessary to determine
eligibility, provide food instruments, and provide appropriate nutrition education and
counseling to qualified women, infants and children in a specified geographic area.
Contractor shall ensure adequate staff coverage and uninterrupted delivery of services.
Services shall be performed according to the terms and specifications of DSHS Special
Supplemental Nutrition Program for Women, Infants, and Children (WIC) and/or the
United States Department of Agriculture (USDA) as referenced in this contract
Attachment. During the term of this contract Attachment, USDA will issue regulations,
instructions, policies and/or directives, which may be incorporated into the DSHS WIC
Program Policy and Procedures Manual and program rules.
Contractor shall provide services in the authorized geographic service area(s) described
in Contractor's application and agreed to by DSHS. Contractor can change the
authorized geographic service area(s) with written approval from DSHS. If DSHS
disagrees on change of geographic service area(s), Contractor may terminate this contract
Attachment with at least thirty (30) days written notice.
B. Assist in the collection of data that will identify benefits of this nutrition intervention
program and furnish financial, health, nutrition education and any other special reports in
a timely manner as required by DSHS WIC Program's written rules and policies for the
compilation of such data.
C. Determine eligibility of applicants through assessment of their categorical income,
residence and nutritional status, and provide nutrition education and counseling to
eligible participants.
D. Appoint a Contractor WIC Director/Supervisor.
PROGRAM ATTACHMENT — Page 1
E. Train Contractor's Local Agency staff.
F. Submit the following reports/plans by the due date:
1. Monthly Incentive Funding Summary Report by the 15th day of the following
month;
2. WIC Local Agency Performance Measure Report by the 15th day of the following
month; and
3. WIC Information System Environment (WISE) Cost Report by April 30, 2008.
G. Conduct outreach to potential participants.
H. Complete surveys as requested.
I. Complete WIC Vendor Evaluation Forms and return to the DSHS within twenty-one (21)
days of receipt or approved extension.
J. Determine participants' access to health care, medical care and other human services, and
make appropriate referrals. Contractor shall have a system in place to provide
participants with appropriate health services or make appropriate referrals to health care
providers under written agreements that ensure confidentiality of participants' personal
information.
K. Issue pre -numbered food instruments furnished by DSHS to qualified participants who
shall use such instruments to obtain specified food items from participating vendors;
maintain complete accountability and security of all food instruments received from
DSHS. Contractor shall be held financially responsible for all unaccounted for food
instruments and/or for the redeemed value of those issued to ineligible participants. In
addition, Contractor shall be held financially liable for issuance of infant formula
instruments that are not authorized or prescribed according to the WIC Policy and
Procedures Manual,
L. Permit DSHS or its agent to install a Very Small Aperture Terminal (VSAT) at all
Contractor WIC clinics and administrative offices using Texas -WIN software on a
network or stand alone personal computer. Installation at all Contractor permanent WIC
sites is required. VSAT installation for new sites or sites moving from one location to
another requires a minimum of 30 days notice.
Connect portable computers (notebook or laptop) that use Texas -WIN software daily to a
(VSAT) and transfer data to the state office. Daily is defined as Monday — Friday and
Saturday if WIC services are provided. Portable computers may go to any of the
Contractor's WIC sites for data transfer.
M. Review the immunization records of WIC Program applicants/participants to ensure that
immunizations are current. Make appropriate referrals to health care providers for
necessary immunizations.
PROGRAM ATTACHMENT — Page 2
N. Offer services during extended hours of operation outside the traditional times of 8:00
a.m. to 5:00 p.m., Monday through Friday, according to the Contractor's Annual Plan of
Operations as approved by DSHS and incorporated by reference.
O. Implement or expand Contractor's Breastfeeding Peer Counseling program to provide
training and salary of peer counselors who assist pregnant and breastfeeding WIC
participants in normal breastfeeding situations. This funding item is contingent upon
availability and whether participation is requested by Contractor and approved in writing
by DSHS.
P. Implement special projects according to DSHS-approved plan related to nutrition
education, outreach or breastfeeding if project is requested by Contractor and approved
by DSHS. Funding for special projects is contingent upon availability and approval of
the Contractor's plan for the special project in writing by DSHS.
Q. Implement lactation services for WIC participants who have breastfeeding problems that
are beyond the expertise of Contractor's local WIC staff and/or peer counselors using
International Board Certified Lactation Consultants or the most qualified equivalent.
Lactation services may also include Contractor's Local WIC Agency staff training and
the provision of lactation equipment. DSHS will provide written approval of
Contractor's plan to use lactation funding. Contractor's plan must include qualifications
of any non -board certified lactation consultant, which is included in the proposal.
R Ensure adequate staff coverage and uninterrupted delivery of WIC services if any
member of Contractor's staff is approved in writing by DSHS to participate in DSHS
Dietetic Internship program. This internship will consist of no less than 900 hours of
supervised learning experiences in a variety of nutrition -related facilities and will prepare
Contractor's selected staff member to better meet the needs of WIC participants.
S. Stock DSHS-provided manual pumps, single -user and multi-user electric breast pumps
and collection kits and distribute the appropriate pumps and/or kits to eligible WIC
participants.
Y Implement or expand Contractor's use of a Registered Dietitian (RD) to provide an array
of technical services. Obtain the services of a RD who is registered with the Commission
on Dietetic Registration to provide services for Contractor such as: assistance with
quality assurance, staff training, assistance with the Annual Nutrition Education and
Breastfeeding plan, individual counseling for high-risk participants, and facilitated
discussion classes.
Contractor shall comply with all applicable federal and state laws, rules, regulations, standards,
and guidelines in effect on the beginning date of this Attachment as amended, including, but not
limited to:
PROGRAM ATTACHMENT — Page 3
I . Uniform Federal Assistance Regulations, 7 CFR Parts 15, 15a, 15b, 246, 248, 3016, 3017
and 3018;
2. WIC Program and Farmers' Market Nutrition Program Rules, 25 Texas Administrative
Code, §§ 31.11-31.37; and
3. Child Nutrition Act of 1966, as amended, 42 USC 1786.
The following documents are incorporated by reference and made a part of this contract
Attachment:
1. DSHS Standards for Public Health Clinic Services, revised January 31, 2004;
2. USDA Food and Nutrition Service (FNS) Guidelines;
3. USDA FNS Instructions issued under the FNS Directives Management System; and
4. WIC Policy and Procedures Manual.
Within thirty (30) days of receipt of an amended standard(s) or guideline(s), Contractor shall
inform DSHS Program, in writing, if it shall not continue performance under this contract
Attachment in compliance with the amended standard(s) or guideline(s). DSHS may terminate
the contract Attachment immediately or within a reasonable period of time as determined by
DSHS.
Contractor shall perform all activities in accordance with Contractor's FY 2008 workplan,
timeframes, and budget, and any revisions as approved by DSHS. These documents are hereby
incorporated by reference and made a part of this contract Attachment.
SECTION II. PERFORMANCE MEASURES
The following performance measures will be used to assess, in part, Contractor's effectiveness in
providing the services described in this contract Attachment, without waiving the enforceability
of any of the other terms of the contract.
Contractor shall ensure:
1) An average of 95% of families a quarter who participate in DSHS WIC Program by
receiving food instruments shall also receive nutrition education classes or individual
counseling services to coincide with food instrument issuance;
2) Of all pregnant women who enter DSHS WIC Program, an average of 20% a quarter
shall be certified as eligible during the period of the first trimester of their pregnancy;
3) An average of 85.5% of clients a quarter who are enrolled in DSHS WIC Program,
excluding dual participants, transfer locked and/or migrant clients, shall participate as
food instrument recipients each month (breast-feeding infants are also included in the
client count); and
PROGRAM ATTACHMENT — Page 4
4) 98% of participants who indicate during the enrollment process of DSHS WIC Program
that they have no source of health care shall be referred to at least one (1) source of health
care at certification of eligibility.
Contractor shall submit the WIC Local Agency Performance Measure Report which describes
Contractor's efforts towards meeting assigned annual targets as described in items 1-4 of the
performance measures. The report shall be in an approved format as provided by DSHS, and
shall be completed and submitted to DSHS within fifteen (15) calendar days after the end of each
month.
SECTION III. SOLICITATION DOCUMENT: N/A
SECTION IV. RENEWALS: DSHS may renew this contract for one renewal period if funds are
available.
SECTION V. PAYMENT METHOD: Cost Reimbursement
SECTION VI. BILLING INSTRUCTIONS:
Contractor shall request payment using the State of Texas Purchase Voucher (Form B-13) and
FSR's and submit by electronic mail to Contract Development and Support Branch
W'icV ouchersgdshs. state. tx.us
SECTION.VII. BUDGET:
SOURCE OF FUNDS: CFDA # 10.557
All categories of costs billed to DSHS WIC Program, and allocation of such costs, shall be in
accordance with the "Plan to Allocate Direct Costs" (PADC) submitted by Contractor and
approved by DSHS WIC Program. This document is incorporated herein by reference and made
a part of this contract Attachment.
SECTION VIII. SPECIAL PROVISIONS:
General Provisions, Compliance and Reporting Article, Section 1.07, Statutes and Standards
of General Applicability, is hereby amended to include the following:
All provisions required by implementing the regulations of the Department of
Agriculture, 7 CFR Part 246, 248; Department of Justice Guidelines for Enforcement of
Title VI, Civil Rights Act of 1964; 28 CFR § 50.3 and 28 CFR Part 42; and Food &
Nutrition Service (FNS) directives and guidelines, to the effect that no person will, on the
grounds of race, color, national origin, sex, age, or disability be excluded from
participation under any program or activity for which Contractor receives federal
financial assistance from FNS; and hereby gives assurance that it shall immediately take
measures necessary to implement this contract Attachment.
PROGRAM ATTACHMENT — Page 5
Contractor shall compile data, maintain records and submit reports, as required, to permit
effective enforcement of the nondiscrimination laws and permit authorized USDA and
State of Texas personnel, during normal working hours, to review such records, books,
and accounts as needed to ascertain compliance with the nondiscrimination laws. The
Department of Agriculture, Food and Nutrition Service, has the right to seek judicial
enforcement if Contractor violates any nondiscrimination laws. This Assurance is
binding on Contractor, its successors, transferees, and assignees, as long as they receive
assistance or retain possession of any assistance from the Department of Agriculture.
The person or persons whose signatures appear on the Core Contract are authorized to
sign this Assurance on behalf of Contractor.
Contractor shall comply with all of the requirements of the current WIC Policy and
Procedures Manual and Program rules as well as state and federal laws and amendments
governing or regulating the WIC Program. A copy of the current WIC Policy and
Procedures Manual has been made available to Contractor. The WIC Policy and
Procedures Manual, and all revisions made to the WIC Policy and Procedures Manual are
incorporated into this Agreement by reference. Contractor has a duty to become familiar
with the contents and procedures contained within the WIC Policy and Procedures
Manual.
Contractor shall comply with all of the requirements of the WIC Policy and Procedures
Manual and Program rules as well as state and federal laws and amendments governing
or regulating the WIC Program.
Contractor is responsible for ensuring that employees or agents acting on behalf of
Contractor comply with all of the requirements of the WIC Policy and Procedures
Manual, Program rules and all state and federal laws and amendments governing and
regulating the WIC Program.
General Provisions, Payment Methods and Restrictions Article, Section 4.01, Payment
Methods, is hereby modified to include the following paragraphs:
The participant caseload will be assigned by DSHS by giving written notice to
Contractor. The participant caseload is subject to change upon written notice to
Contractor from DSHS with Contractor's concurrence. Contractor assumes liability for
all food costs resulting from Contractor exceeding its assigned caseload. The number of
individuals served in excess of assigned caseload are not to be included in the calculation
of earned administrative funds as described below.
DSHS will reimburse Contractor for administrative costs incurred when determining
eligibility, providing appropriate nutrition education and counseling, issuing food
instruments, making participant referrals, vendor evaluation, outreach, start-up costs and
general administrative support.
Administrative costs will be reimbursed based on actual costs, but not to exceed the
"maximum reimbursement" set out below, based upon the sum of the participants who
PROGRAM ATTACHMENT — Page 6
actually receive food instruments each month plus infants who do not receive any food
instruments whose breastfeeding mothers were participants to the extent that the total so
derived does not exceed Contractor's total assigned caseload within any given month.
Surplus funds (the amount by which maximum reimbursements exceed actual costs) can
be accumulated and carried forward within the contract Attachment term. Surplus
encumbered by September 30 shall be billed and vouchers received by DSHS no later
than sixty (60) calendar days following the term of the program attachment.
PARTICIPANTS SERVED PER MONTH MAXIMUM REIMBURSEMENT:
During the term of the contract Attachment, Contractor shall earn administrative funds at
the rate of $11.22 for each participant served as defined above.
DSHS may pay for additional goods or services as specified in this Attachment if
provided by Contractor during the term of this Attachment (but not otherwise paid during
the term of this Attachment) if it is in the best interest of DSHS to do so, and funds are
available.
The Contractor will be notified if a change in funding occurs and will have thirty (30)
days to provide written notice to the DSHS if it intends to terminate this contract
Attachment.
Contractor agrees that:
(1) Contractor shall identify and document separately not less than 19% of total
administrative costs as expenditures directly related to nutrition education and
counseling. Nutrition education and counseling expenditures shall be supported
by documentation of participant attendance or non-attendance within the DSHS
WIC Program.
(2) DSHS will reimburse Contractor for administrative expenses at a rate not greater
than 5.26 times the amount of properly documented expenditures for nutrition
education and counseling, but not more than is earned based on actual
participation not to exceed Contractor's assigned participant caseload, plus any
incentive funds allocated to Contractor by DSHS.
(3) DSHS will limit (cap) Contractor's indirect costs to twenty (20) percent applied to
Contractor's total direct salaries plus benefits reimbursed by DSHS.
(4) DSHS will identify annually to Contractor an amount of funds that shall be spent
for breastfeeding promotion. The allocation of breastfeeding funds to Contractor
will be based on Contractor's proportional share of the statewide combined total
of pregnant and breastfeeding participants as reported to DSHS WIC Program.
(5) DSHS WIC Program also reserves the right to withhold a proportionate amount of
earned administrative funds when evidence exists that nutrition education and/or
PROGRAM ATTACHMENT — Page 7
breastfeeding promotion is not being provided by Contractor, or Contractor is not
complying with the provisions of USDA and/or DSHS directives.
(6) DSHS may renew this contract agreement for each subsequent fiscal year.
(7) DSHS reserves the right to utilize a competitive offering for the award of any
future contracts at the end of the term of this contract Attachment.
(8) DSHS may amend or terminate this contract Attachment if available funds
become reduced, depleted, or unavailable during the term of the contract
Attachment to the extent that the WIC Program is unable to provide
administrative funding at the rate(s) shown above. DSHS will provide written
notification to Contractor of such fact.
(9) DSHS may pay for additional services as specified in this contract Attachment if
provided by Contractor during the term of this contract Attachment (but not
otherwise paid during the term of this contract Attachment) if it is in the best
interest of the State and DSHS WIC Program to do so. If Contractor exceeds the
amount of earned administrative funds as stated above, Contractor shall continue
to bill DSHS for the services provided. If additional funds become available at a
later date for the provision of these services, DSHS WIC Program may pay
Contractor a share of these funds.
(10) DSHS may provide incentives to Contractor's Local WIC Agencies for
participants who are provided WIC services outside the normal traditional hours
to the extent that federal funding is available.
(11) DSHS may adjust the base reimbursement rate defined above during the term of
this contract Attachment if it is in the best interest of the State of Texas and DSHS
WIC Program and if administrative WIC Grant funds change.
Contractor shall indicate separately on the face of the claim for reimbursement (State of
Texas Purchase Voucher, Form B-13) the costs associated with nutrition education,
breast-feeding, and other administrative costs.
General Provisions, Payment Methods and Restrictions Article, Section 4.04, Working
Capital Advance, is not applicable to this contract Attachment. However, Contractor will be
allowed the option of receiving a two (2) month cash advance in accordance with WIC Program
Policy and Procedures.
General Provisions, Records Retention Article, Section 8.01, Retention shall be replaced with
the following:
Recordkeeping requirements. Each State and local agency shall maintain full and complete
records concerning Program operations. Such records shall comply with 7 CFR Part 3016 and
the following requirements:
PROGRAM ATTACHMENT — Page 8
(1) Records shall include, but not be limited to, information pertaining to financial operations,
food delivery systems, food instrument issuance and redemption, equipment purchases and
inventory, certification, nutrition education, civil rights and fair hearing procedures.
(2) All records shall be retained for a minimum of three years following the date of submission
of the final expenditure report for the period to which the report pertains. If any litigation, claim,
negotiation, audit or other action involving the records has been started before the end of the
three-year period, the records shall be kept until all issues are resolved, or until the end of the
regular three-year period, whichever is later. If FNS deems any of the Program records to be of
historical interest, it may require the State or local agency to forward such records to FNS
whenever either agency is disposing of them.
(3) Records for nonexpendable property acquired in whole or in part with Program funds shall be
retained for three years after its final disposition.
(4) All records shall be available during normal business hours for representatives of the
Department and the Comptroller General of the United States to inspect, audit, and copy. Any
reports or other documents resulting from the examination of such records that are publicly
released may not include confidential applicant or participant information.
General Provisions, Notice Requirements Article, Section 10.01, Child Abuse Reporting
Requirement, is hereby amended to include the following:
Local agencies that choose to interview a client to determine if an affirmative defense to
prosecution exists, as defined by DSHS, which would allow them under the DSHS
policy to not make a report of child abuse, must conduct these interviews in the following
manner.
• For ineligible clients, the interview shall be conducted after the entire WIC visit is
done. For eligible clients, the interview may occur at the point in time when all
WIC activities, including communication of eligibility and individual counseling,
are completed with the exception of food voucher issuance.
• The interview shall be conducted only by a competent authority or a supervisor and
in a confidential setting.
• Prior to asking the client any questions, the interviewer shall inform the client that
the questions have no bearing on their WIC eligibility and receipt of services.
General Provisions, General Business Operations of Contactor Article, Section 12.03,
Management and Control Systems, Item a, regarding internal budgeting and Item c, regarding
billing, collection, and fee schedules are not applicable to this contract Attachment.
General Provisions, General Business Operations of Contractor Article, Section 12.07,
Overtime Compensation, is not applicable to this contract Attachment.
General Provisions, General Business Operations of Contractor Article, Section 12.21,
Equipment and Controlled Assets Purchases, last four sentences of this section are not
applicable to this contract attachment.
PROGRAM ATTACHMENT — Page 9
General Provisions, General Business Operations of Contractor Article, Section 12.24,
Property Inventory and Protection of Assets, is replaced with the following:
Contractor shall maintain a nonexpendable personal property (equipment and controlled
assets) inventory and submit an annual cumulative report to DSHS Property Management
Group in coordination with the Department's Contract Oversight and Support Section.
Format and delivery date as designated by DSHS, Contractor shall administer a program
of maintenance, repair and protection of assets under this Contract so as to assure their
full availability and usefulness. In the event Contractor is indemnified, reimbursed, or
otherwise compensated for any loss of, destruction of, or damage to the assess provided
under this Contract, it shall use the proceeds to repair or replace said assets.
General Provisions, General Business Operations of Contractor Article, Section 12.27,
Property Acquisitions, is not applicable to this contract attachment.
PROGRAM ATTACHMENT — Page 10
TEXAS DEPARTMENT OF STATE HEALTH SERVICES
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE
AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief that:
(1) No federal appropriated funds have been paid or will be paid, by o r on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or an employee of any agency, a
member of congress, an officer or employee of congress, or an employee of a member of congress in
connection with the awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a member of congress
federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit, an
officer or employee of congress, or an employee of a member of congress in connection with this
Standard Form -11, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less that $10,000 and not more than $100,000 for each
such failure.
Signature
Print Name of Authorized Individual
2008-024655 _
Application or Contract Number
BEAUMONT PUBLIC HEALTH
DEPARTMENT
Organization Name
Date
CSCU # EF29-12374 - Revised 2/2006
c
iCity79ij
Council Agenda Item
AOM03MMMM
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Bart Bartkowiak, Chief Technology Officer
MEETING DATE: October 23, 2007
REQUESTED ACTION: Council consider renewal of an annual maintenance
agreement for Zoll Data Systems software support.
RECOMMENDATION
The Administration recommends payment of an invoice to Zoll Data systems for the renewal of
an annual maintenance agreement for software support in the amount of $26,614.
BACKGROUND
Zoll Data Systems software is used by Cash Management and Emergency Management (EMS)
for patient field reporting and EMS billing. This purchase is exempt from competitive bidding
since it is available from only one (1) source having exclusive rights to modify and maintain the
software. The software maintenance agreement provides for unlimited telephone support and
annual software updates.
This agreement is for an annual period beginning October 1, 2006 and includes the following
applications.
Software Applications
Contract Amount
Finance/Cash Management EMS Billing System
$9,950
Public Health/EMS Patient Care Reporting
$12,200
Public Health/EMS OSSI CAD Interface
$4,464
Total
$26,614
The $4,464 increase this year is due to the addition of the computer aided dispatching interface
for the EMS mobile computers in the ambulances.
BUDGETARY IMPACT
Funding is budgeted for fiscal year 2008 in the general fund.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby, authorized to approve payment of an invoice
in the amount of $26,614 to Zoll Data for the renewal of an annual maintenance agreement
for software support used by Cash Management and Emergency Management (EMS) for
patient field reporting and EMS billing for an annual period beginning October 1, 2007.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
October, 2007.
- Mayor Becky Ames -
1u1
� K' City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner bi ector of Public Works
MEETING DATE: October 23, 2007
REQUESTED ACTION: Council approval of a Change Order for the renovation of the
elevator at the Civic Center.
RECOMMENDATION
The Administration recommends approval of Change Order No. 1 for renovations to the elevator
located in the Civic Center in the amount of $6,399.
BACKGROUND
On June 12, 2007 Council awarded a contract to Schindler Elevator Company to replace panels in
three elevators. Work has been completed on all three (3) elevators, however, the doors in the
elevator located in the Civic Center are in poor condition. Panels cannot be installed on the doors
but the doors can be resurfaced in stainless steel. Currently, the doors have a painted finish that does
match the new wood panels. Additionally, a stainless steel control panel will be installed.
The total cost of this upgrade is $6,399 which is a 17% increase from the original contract amount.
The City Charter requires approval by Council for increases more than 10%. The original contract
amount was $36,864.
The doors will be removed and sent to Houston for refurbishing the I' week ofNovember. The work
will be completed within five days.
BUDGETARY UMIPACT
Funds are available in the Capital Reserve Fund.
RESOLUTION NO.
WHEREAS, on June 12, 2007, the City Council of the City of Beaumont, Texas,
passed Resolution No. 07-171 awarding a contract in the amount of $36,864 to Schindler
Elevator Company to furnish all labor, material and equipment to refurbish three (3)
elevator cabs located in City Hall and the Civic Center; and,
WHEREAS, Change Order No. 1 is required to resurface the Civic Center elevator
doors in stainless steel thereby increasing the contract amount by $6,399 for a total
contract amount of $43,263.
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute Change Order No. 1
for resurfacing the elevator doors at the Civic Centerwith stainless steel thereby increasing
the contract amount by $6,399 for a total contract amount of $43,263.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
October, 2007.
- Mayor Becky Ames -
UO%W�
Cit Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
4%.0
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: October 23, 2007
REQUESTED ACTION: Council consider a resolution authorizing the acceptance of
a ten (10) foot wide exclusive Water Line Easement out of
the A. Williams Survey located at 2660tH 10 East.
RECOMMENDATION
Administration recommends acceptance of the above named easement.
BACKGROUND
Aesha, L.L.C. has agreed to convey a ten (10) foot wide exclusive Water Line Easement to the
City of Beaumont. The easement is a 148.9 square foot tract out of the A. Williams Survey and
will provide for the installation of a water meter and service for the Studio 6 Hotel located at
2660 IH 10 East.
BUDGETARY IMPACT
None.
engaesha-ibmpd
16 October 2007
E
RESOLUTION NO.
WHEREAS, Aesha, L.L.C., has agreed to convey a ten -foot (10') wide Water Line
Easement, being a 148.9 square foot tract of land out of A. Williams Survey, Jefferson
County, Texas, as described in Exhibit "A" and shown on Exhibit "B" attached hereto, to
the City of Beaumont for the installation of a water meter and service for the Studio 6 Hotel
located at 2660 Interstate 10 East; and,
WHEREAS, the City Council has considered the purpose of said conveyance and
is of the opinion that the acceptance of said conveyance is necessary and desirable and
that same should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the easement conveyed by Aesha, L.L.C., as described in Exhibit "A" and shown on
Exhibit "B" attached hereto, be and the same is hereby, in all things, accepted.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
October, 2007.
- Mayor Becky Ames -
EXHIBIT "A" (Page I of 2)
July 23, 2007
Description of proposed Easement
for Water Meter Installation
Studio 6
2660 I. 1110 East
Beaumont, Texas 77703
BEING a 148.9 square feet tract of land situated in the A Williams Survey, Jefferson
County, Texas, and being out of and part of that certain 1.204 acre tract which is
described in a deed to Aesha LLC, and recorded under County Clerk's File Number
2007017595 Official Public Records of Real Property of Jefferson County, Texas; said
148.9 square feet tract being more fully described as follows, to -wit:
COMMENCING at a found TX DOT monument locating the Southwest corner of said
Aesha LLC 1.204 acre tract;
THENCE South 85 deg. 49 min. 12 sec. East (Reference bearing per Deed) with the
South line of said Aesha LLC tract and the North right of way line of Interstate Highway
10, for a distance of 10.21 feet to the POINT OF BEGINNING of the herein described
tract of land;
THENCE.North 16 deg. 30 min. 44 sec. West for a distance of 13.00 feet to point for
corner;
THENCE North 73 deg. 29 min. 16 sec. East for a distance of 10.00 feet to point for
comer;
THENCE South 16 deg. 30 min. 44 sec. East for a distance of 16.78 feet to point for
comer in the North right of way line of interstate Highway 10;
THENCE North 85 deg. 49 min. 12 sec. West with the North right of way line of said
Highway, and the South line of said Aesha LLC tract, for a distance of 10.69 feet to the
POINT OF BEGINNING, enclosing 148.9 square feet of land.
EXHIBIT "A"
N
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GENERAL LOCATION MAP
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Hospitality Enterprises, Inc.
C.C. #9823779
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1 0.
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FD. TX DOT MON.
O S.W. COR. OF
AESHA LLC 1.204 AC.
A. WILLIAMS SURVEY
C.C. FILE 02007017595
EXHIBIT 'A' (Pogo 2)
PROPOSED
HOTEL BLDG.
AESHA LLC 1.204 AC.
A. WILLIAMS SURVEY
C.C. FILE #2007017595
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I. H. 10
I CERTIFY THAT THE ABOVE PLAT WAS PREPARED FROM
AN ACTUAL SURVEY OF THE PROPERTY, AND THAT ATTACHED
EXHIBIT *A7, PAGE 1, IS AN ACCURATE DESCRIPTION OF THE
EASEMENT TRACT DEPICTED HEREON.
qw4j�&ze,k—
HAROLD F. LOCKE, R.P.L.S. #1801
JULY 23, 2007
SCALE 1'=20'
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FRONTAGE
FRONTAGE ROAD
PLAT OF PROPOSED
EASEMENT FOR
WATER METER INSTALLATION
STUDIO 6, BEAUMONT, TEXAS
MM 7/23M I srale : Y-20' I Dwc- sn"o e
LOCKS & ASSOCIATES SURVEYORS
R callITSR>® PROPSM0N11 1"D 9URMOR
211 N. 14TH STREET
NEDERLANO, TEXAS 77827
PH. (409) 722-9588 FAX (409) 722-7258
EXHIBIT "B"
(rrr
V.EAUMONT, TEXAS
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS OCTOBER 23, 2007 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 6-13/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
Consider approving a request for a specific use permit to allow a coffee house in
the CBD (Central Business District) at 493 Pearl Street
2. Consider approving a request for a specific use permit to allow an apartment
complex in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2)
District located on the east side of N. Major Drive, south of Old Major Drive
3. Consider approving a request for a specific use permit to allow a drinking place in
the CBD (Central Business District) at 650 Orleans Street
4. Consider approving a request for a specific use permit to allow a church in an NC
(Neighborhood Commercial) District at 5250 Helbig Road
Consider approving a request for a specific use permit to allow a physician's office
in an RCR (Residential Conservation and Revitalization) District at 2331 North
Street
6. Consider approving a contract for the purchase of fittings, pipes and couplings for
use in the Water Department
7. Consider authorizing the award of a contract for the First Baptist Church Parking
Lot Construction Project
8. Consider renewing an annual maintenance agreement for HTE, Inc. software
support
9. Consider authorizing the City Manager to execute a warranty deed in favor of the
Heirs of Wilbur Carroll Gilbert, Jr., W. C. Gilbert, Sr., and Elizabeth Gilbert
Fortune transferring the interest that the City of Beaumont may have in the
property located at 328 Bowie Street, Beaumont, Texas
10. Consider approving Change Order No. 5 for the Martin Luther King, Jr. Park
11. Consider authorizing the City Manager to increase the Rehabilitation of the
Primary and Secondary Trickling Filters Project for "extra work"
12. Consider approving Change Order No. 1 for renovations to City Hall
13. Consider nominating C. L. Sherman to the Jefferson County Appraisal District
Board of Directors
14. PUBLIC HEARING: Receive comments related to the proposed termination of
the City of Beaumont Solid Waste Franchise Agreement granted to Arrow Waste,
Inc. by repealing Ordinance No. 05-029
COMMENTS
Consider approving the termination of the City of Beaumont Solid Waste
Franchise Agreement granted to Arrow Waste, Inc. by repealing Ordinance No.
05-029
Councilmembers/City Manager comment on various matters
Public Comment (Persons are limited to 3 minutes)
EXECUTIVE SESSION
* Consider matters related to employment, evaluation and duties of a public officer
or employee in accordance with Section 551.074 of the Government Code:
City Manager
City Attorney
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting.
n
October 23, 2007
Consider approving a request for a specific use permit to allow a coffee house in the CBD
(Central Business District) at 493 Pearl Street
City Council Agenda Item
117!f
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: October 23, 2007
REQUESTED ACTION: Council consider a request for a specific use permit to allow
a coffee house in a CBD (Central Business District) at 493
Pearl Street.
RECOMMENDATION
The Administration recommends approval of a request for a specific use permit to allow a coffee
house in a CBD (Central Business District) at 493 Pearl Street.
BACKGROUND
Joey and Tanya Crawford have requested a specific use permit to allow a coffee house in an existing
building in the CBD (Central Business) District. The property is located at 493 Pearl Street.
The building was remodeled several years ago to be used and as a bakery. The building was later
used as a finance company. The Crawfords state that the coffee shop will sell coffee and tea drinks,
offer daily and weekly newspapers, provide a location for wireless internet access and be available
for meetings, art shows for local artists and live music. Customer seating and orders prepared to go
will be offered. The planned operating schedule is Monday - Wednesday, 6:30 a.m. to 3:00 p.m. and
Thursday - Saturday, 6:30 a.m. to 10:00 p.m. The coffee shop will have one full-time employee and
two part-time employees.
At a Joint Public Hearing held October 15, 2007, the Planning Commission voted 7:0 to approve a
specific use permit to allow a coffee house in a CBD (Central Business District) at 493 Pearl Street.
Recommended by Planning Commission, City Manager, Community Development Director and the
Planning Manager.
BUDGETARY IMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A COFFEE HOUSE IN A CBD
(CENTRAL BUSINESS DISTRICT) LOCATED AT 493 PEARL
STREET IN THE CITY OF BEAUMONT, JEFFERSON
COUNTY, TEXAS.
WHEREAS, the City Council for the City of Beaumont desires to issue a specific use
permit to Joey and Tanya Crawford, to allow a coffee house in a CBD (Central Business
District) located at 493 Pearl Street, being the South parts of Lots 88 and 89, Block 15,
Beaumont Addition, City of Beaumont, Jefferson County, Texas, containing 0.032 acres,
more or less, as shown on Exhibit "A" attached hereto; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That a specific use permit to allow a coffee house in a CBD (Central Business District)
located at 493 Pearl Street, being the South parts of Lots 88 and 89, Block 15, Beaumont
Addition, City of Beaumont, Jefferson County, Texas, containing 0.032 acres, more or less,
is hereby granted to Joey and Tanya Crawford, their legal representatives, successors and
assigns, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "B"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
October, 2007.
- Mayor Becky Ames -
File 1913-P: Request for a specific use permit to allow a coffee house in a CBD (Central
Business District).
Location: 493 Pearl Street
Applicant: Joey Crawford
0 100 200 Feet
1 1 1 1
Legend
® 1913P
❑9
EXHIBIT "A"
r-- T
t
EXHIBIT "13"
Z ZT.L9 TAWIT
2
October 23, 2007
Consider approving a request for a specific use permit to allow an apartment complex in a GC -
MD -2 (General Commercial -Multiple Family Dwelling -2) District located on the east side of N.
Major Drive, south of Old Major Drive
... A.. City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE:
October 23, 2007
REQUESTED ACTION: Council consider a request for a specific use permit to allow
an apartment complex in a GC -MD -2 (General Commercial -
Multiple Family Dwelling -2) District located on the east side
of N. Major Drive, south of Old Major Drive.
RECOMMENDATION
The Administration recommends approval of a request for a specific use permit to allow an
apartment complex in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District
located on the east side of N. Major Drive, south of Old Major Drive.
BACKGROUND
Fittz & Shipman, Inc. has applied for a specific use permit to allow an apartment complex in a GC -
MD -2 (General Commercial -Multiple Family Dwelling -2) District. The property is located on the
east side of N. Major Drive, south of Old (East) Major Drive.
Seneca Management, Inc. is proposing to construct an 18 building apartment complex. The complex
will consist of apartments ofvarying square footage, club house, swimming pool and related parking.
Access will be off a proposed east -west public street that is to be constructed. The property will be
surrounded by trees. A wrought -iron fence will be constructed along the north, west and southwest
sides of the property with chainlink fences being constructed along the east and southeast sides.
At a Joint Public Hearing held October 15, 2007, the Planning Commission voted 7:0 to approve a
specific use permit to allow an apartment complex in a GC -MD -2 (General Commercial-Multipie
Family Dwelling -2) District located on the east side of N. Major Drive, south of Old Major Drive.
Recommended by Planning Commission, City Manager, Community Development Director and the
Planning Manager.
BUDGETARY IMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW AN APARTMENT COMPLEX IN A GC -
MD -2 (GENERAL COMMERCIAL -MULTIPLE FAMILY
DWELLING -2) DISTRICT LOCATED ON THE EAST SIDE OF
N. MAJOR DRIVE, SOUTH OF OLD MAJOR DRIVE IN THE
CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, the City Council for the City of Beaumont desires to issue a specific use
permit to Seneca Management, Inc., to allow an apartment complex in a GC -MD -2
(General Commercial -Multiple Family Dwelling -2) District located on the east side of N.
Major Drive, south of Old Major Drive as described in Exhibit "A" and shown on Exhibit "B"
attached hereto; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That a specific use permit to allow an apartment complex in a GC -MD -2 (General
Commercial -Multiple Family Dwelling -2) District located on the east side of N. Major Drive,
south of Old Major Drive as described in Exhibit "A" and shown on Exhibit "B" attached
hereto is hereby granted to Seneca Management, Inc., its legal representatives,
successors and assigns, as described in Exhibit "A" and shown on Exhibit "B" attached
hereto and made a part hereof for all purposes.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "C"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
October, 2007.
- Mayor Becky Ames -
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
BEGINNING at a point in the east right-of-way line of Major Drive (F.M.364) and the south
right-of-way of Old Major Drive for the northwest corner of the said 28,787 and 17.90 acre
tracts;
THENCE along the said south right-of-way line of Old Major Drive and the north line of
the said 28.787 and17.90 acre tracts with a curve to the right, having a chord bearing of
North 31 9322" East, a chord distance of 151.78 feet and a radius of 515.91 feet, a distance
along the curve of 152.33 feet to the P.T. of said curve;
THENCE North 40°00'31" East continuing along the said south right-of-way line of Old
Major Drive and the said north line of the 28.787 and 17.90 acre tracts a distance of 182.82
feet to a point in the west line of a proposed 100' DD6 drainage right-of-way for the northeast
corner of the said 28.787 and 17.90 acre tracts;
THENCE South 49°24'06" East along the said west line of the proposed 100' DD6 drainage
right-of-way and the east line of the said 28.787 and 17.90 acre tracts a distance of 729.92
feet to the P.C. of a curve;
THENCE continuing along the said west line of the proposed 100' DD6 drainage right-of-
way and the said east line of the 28.787 and 17.90 acre tract with a curve to the right, having
a chord bearing of South 33°53'38" East, a chord distance of 614.95 feet and a radius of
1150.00 feet, a distance along the curve of 622.52 feet to a point for the most easterly
southeast corner of the: said 17.90 acre tract;
THENCE South 87°09'40" West along a south line of the said 17.90 acre tract a distance of
698.82 feet to a point for an interior corner of the said 17.90 acre tract;
THENCE South 02°50'20" East along an interior line of the said 17.90 acre tract distance of
261.50 feet to a point for the most southerly southeast corner of the said 17.90 acre tract;
THENCE South 87°09'40" West along a south line of the said 17.90 acre tract a distance of
335.00 feet to a point in the said east right-of-way line of Major Drive (F.M.364) and the said
west line of the 28.787 acre tract for the southwest corner of the said 17.90 acre tract;
THENCE North 03°08'36" West along the said east right-of-way line of Major Drive (F. M.
364) and the said west line of the 28.787 and 17.90 acre tracts a distance of 724.53 feet to
an angle point;
THENCE North 06°30'26" West continuing along the said east right-of-way line of Major
Drive (F.M.364) and the said west line of the 28.787 and 17.90 acre tracts a distance of
307.00 feet to the POINT OF BEGINNING and containing 17.90 acres of land, more or less.
EXHIBIT "A"
Re 1912-P: Request for a specific use permit to allow an apartment complex in a
(General Commercial -Multiple Family Dwelling -2) District.
ocation: East side of N. Major Drive, south of Old Major Drive
pplicant: Fittz & Shipman, Inc. 0 100 200 300 400 Feet
-S
GC -MD
I.0
Legend
® 1912P
R -S
R -S
EXHIBIT "B
1181HX3
0:\PROJECTS\07156\07156-000\071560ex01.DWC Sap 21. 2DO7 09:22=
Fittz&Shipman � 11 -"- `7- 3:--> T --ns- N SHEET NO.
NC. PROMT NAM: BEAUMONT APARTMENT SITE C1
STONELEIGH ON MAJOR `
1105 CORNERSTONE COURT. BEAUMONT. TEXAS PROJECT NO.
(109) 832-7238 FAX (109) 832-7303
DATE: 9/20/07 o715e
3
October 23, 2007
Consider approving a request for a specific use permit to allow a drinking place in the CBD
(Central Business District) at 650 Orleans Street
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
L 5�
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE:
October 23, 2007
REQUESTED ACTION: Council consider a request for a specific use permit to allow
a drinking place in a CBD (Central Business District) at 650
Orleans Street.
RECOMMENDATION
The Administration recommends approval of a request for a specific use permit to allow a drinking
place in a CBD (Central Business District) at 650 Orleans Street subject to the following condition:
The will be no BYOB as part of the operation of the business.
BACKGROUND
Christin Lowrey and Sybil Hartsfield have applied for a specific use permit to allow a drinking place
in the CBD (Central Business) District. The property is located at 650 Orleans.
The applicants state that the business, Orleans Street Pub and Patio, is to include a pub, night club
and patio area. Pub activities will include electronic dart boards, pool tables, juke box and flat
screen TV's. The night club will include a dance floor. The patio will include a stage for karaoke
and other performers.
The business will be open seven days a week from 5:00 p.m. to 2:00 a.m.
At a Joint Public Hearing held October 15, 2007, the Planning Commission voted 7:0 to approve a
specific use permit to allow a drinking place in a CBD (Central Business District) at 650 Orleans
Street subject to the following condition:
The will be no BYOB as part of the operation of the business.
Recommended by Planning Commission, City Manager, Community Development Director and the
Planning Manager.
BUDGETARY IMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A DRINKING PLACE IN A CBD
(CENTRAL BUSINESS DISTRICT) LOCATED AT 650
ORLEANS STREET IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS.
WHEREAS, the City Council for the City of Beaumont desires to issue a specific use
permit to Christin Lowrey and Sybil Hartsfield, to allow a drinking place in a CBD (Central
Business District) located at 650 Orleans Street, being Lot 328, Block 50, Beaumont
Addition, City of Beaumont, Jefferson County, Texas, containing 0.206 acres, more or less,
as shown on Exhibit "A" attached hereto; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens, subject to the
hereinafter described condition;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That a specific use permit to allow a drinking place in a CBD (Central Business District)
located at 650 Orleans Street, being Lot 328, Block 50, Beaumont Addition, City of
Beaumont, Jefferson County, Texas, containing 0.206 acres, more or less, is hereby
granted to Christin Lowrey and Sybil Hartsfield, their legal representatives, successors and
assigns, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes
subject to the hereinafter described conditions:
• There will be no BYOB as part of the operation of the business.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "B"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
October, 2007.
- Mayor Becky Ames -
W11 -P: Request for a specific use permit to allow a drinking place in a CBD (Centra
iness District).
ation: 650 Orleans St.
dicant: Christin Lowrey 0 100 200 Feet
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11
October 23, 2007
Consider approving a request for a specific use permit to allow a church in an NC (Neighborhood
Commercial) District at 5250 Helbig Road
.•..,• City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, ommunity Development Director
MEETING DATE: October 23, 2007
REQUESTED ACTION: Council consider a request for a specific use permit to allow
a church in an NC (Neighborhood Commercial) District at
5250 Helbig Road.
RECOMMENDATION
The Administration recommends approval of a request for a specific use permit to allow a church
in an NC (Neighborhood Commercial) District at 5250 Helbig Road subject to the following
conditions:
Provide a 6' wide landscape strip along the parking lot frontage along Helbig Road
A 10' wide landscape strip along the north and east sides of the property
and with a modification to the requirement of an 8' tall wood screening fence along the north and east
sides of the property (unless a formal complaint is made by the adjacent property owners) and to the
requirement of landscape islands in the parking lot (no additional landscape islands).
BACKGROUND
Reverend Phillip Battles, representing Pentecostal Christ Holy Sanctified Church, has applied for a
specific use permit to allow a church in an NC (Neighborhood Commercial) District. The property is
located at 5250 Helbig.
Reverend Battles states that the church has been in existence since 1983. Its original location on Black
Lane was destroyed by Hurricane Rita. The church would like to relocate to the subject property on
Helbig.
The church currently has a membership of seventy-five. There will be three weekly worship meetings
on Sunday, Tuesday and Thursday.
At a Joint Public Hearing held October 15, 2007, the Planning Commission voted 7:0 to approve a
specific use permit to allow a church in an NC (Neighborhood Commercial) District at 5250 Helbig
Road subject to the following conditions:
Provide a 6' wide landscape strip along the parking lot frontage along Helbig Road
A 10' wide landscape strip along the north and east sides of the property
and with a modification to the requirement of an T tall wood screening fence along the north and east
sides of the property (unless a formal complaint is made by the adjacent property owners) and to the
requirement of landscape islands in the parking lot (no additional landscape islands).
Recommended by Planning Commission, CityManager, Community Development Director and the
Planning Manager.
BUDGETARY IMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A CHURCH IN AN NC
(NEIGHBORHOOD COMMERCIAL) DISTRICT LOCATED AT
5250 HELBIG ROAD IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS.
WHEREAS, the City Council for the City of Beaumont desires to issue a specific use
permit to Pentecostal Christ Holy Sanctified Church, Inc., to allow a church in an NC
(Neighborhood Commercial) District located at 5250 Helbig Road, being parts of Lots 12
and 13, Block 3, Weber King Addition, City of Beaumont, Jefferson County, Texas,
containing 3.192 acres, more or less, as shown on Exhibit "A" attached hereto; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens, subject to the
hereinafter described conditions;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That a specific use permit to allow a church in an NC (Neighborhood Commercial) District
located at 5250 Helbig Road, being parts of Lots 12 and 13, Block 3, Weber King Addition,
City of Beaumont, Jefferson County, Texas, containing 3.192 acres, more or less, is hereby
granted to Pentecostal Christ Holy Sanctified Church, Inc., its legal representatives,
successors and assigns, as shown on Exhibit "A" attached hereto and made a part hereof
for all purposes subject to the hereinafter described conditions:
• Provide a 6' wide landscape strip along the parking lot frontage
along Helbig Road.
• Provide a 10' wide landscape strip along the north and east
sides of the property.
• Modify the requirement of an 8' tall wood screening fence along
the north and east sides of the property (unless a formal
complaint is made by the adjacent property owners) and to the
requirement of landscape islands in the parking lot (no additional
landscape islands).
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plans attached hereto as Exhibits "B"
and "C" and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
October, 2007.
- Mayor Becky Ames -
e 1910-P: Request for a specific use permit to allow a church in an NC (Neighborhood
mmercial) District.
cation: 5250 Helbig Road
plicant: Pentecostal Christ Holy Sanctified Church, Inc. 0 100 200 Feet
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October 23, 2007
Consider approving a request for a specific use permit to allow a physician's office in an RCR
(Residential Conservation and Revitalization) District at 2331 North Street
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Conn rfiunity Development Director
MEETING DATE:
October 23, 2007
REQUESTED ACTION: Council consider a request for a specific use permit to allow
a physician's office in an RCR (Residential Conservation and
Revitalization) District at 2331 North Street.
RECOMMENDATION
The Administration recommends approval of a request for a specific use permit to allow a physicians
office in an RCR (Residential Conservation and Revitalization) District at 2331 North Street subject
to the following condition:
Parking, as shown on the site plan, must be provided in the rear yard of the subject
property or the applicant must obtain a special exception to the parking requirement
from the Board of Adjustment.
and with modifications to the landscaping/screening requirements along the east, west and south sides
of the property (6 %2' wood screening fence along approximately 106' of the east property line; T chain
link fence along the south property line and along approximately 106' of the west property line; and
3' wide landscape strip along; the east property line.
BACKGROUND
Dr. Mae Wesson has again applied for a specific use permit to allow a physicians's office in an RCR
(Residential Conservation and Revitalization) District. The property is located at 2331 North.
Dr. Wesson states that all exams are by appointment only. Office hours are 10 a.m. - 5:30 p.m. At
any one time there will be no more than two vehicles.
She is requesting a modification to the landscaping/screening requirements. A 6 %' wood screening
fence runs along approximately 106' of the east property line. A 4' foot tall chain link fence runs
along the south property line and approximately 106' of the west property line. Along the east side
of the property, there is only, room for a 3' landscape strip.
A physician's office will not significantly impact the surrounding neighborhood. However, this
request is another instance where a single family residence in the Old Town neighborhood is
converted into a commercial use. Many of the residents in the neighborhood have expressed their
concern over further commercial encroachment. To stop this encroachment, the rezoning of much
of the Old Town area to RS (Residential Single Family Dwelling) District should be undertaken in
the near future.
At a Joint Public Hearing held October 15, 2007, the Planning Commission voted 5:2 to approve a
specific use permit to allow a physicians office in an RCR (Residential Conservation and
Revitalization) District at 2331 North Street subject to the following condition:
• Parking, as shown on the site plan, must be provided in the rear yard of the subject
property or the applicant must obtain a special exception to the parking requirement
from the Board of Adjustment.
and with modifications to the landscaping/screening requirements along the east, west and south sides
of the property (6 %2' wood screening fence along approximately 106' of the east property line; 4' chain
link fence along the south property line and along approximately 106' of the west property line; and
3' wide landscape strip along the east property line.
Recommended by Planning Commission, City Manager, Community Development Director and the
Planning Manager.
BUDGETARYIMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A PHYSICIAN'S OFFICE IN AN RCR
(RESIDENTIAL CONSERVATION AND REVITALIZATION)
DISTRICT LOCATED AT 2331 NORTH STREET IN THE CITY
OF BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, the City Council for the City of Beaumont desires to issue a specific use
permit to Dr. Mae Wesson, to allow a physician's office in an RCR (Residential
Conservation and Revitalization) District located at 2331 North Street, being the W 33.3'
of Lot 5 and the E 33.3' of Lot 6, Block 20, Averill Addition, City of Beaumont, Jefferson
County, Texas, containing 0.229 acres, more or less, as shown on Exhibit "A" attached
hereto; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens, subject to the
hereinafter described conditions;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That a specific use permit to allow a physician's office in an RCR (Residential Conservation
and Revitalization) District located at 2331 North Street, being the W 33.3' of Lot 5 and the
E 33.3' of Lot 6, Block 20, Averill Addition, City of Beaumont, Jefferson County, Texas,
containing 0.229 acres, more or less, is hereby granted to Dr. Mae Wesson, her legal
representatives, successors and assigns, as shown on Exhibit "A" attached hereto and
made a part hereof for all purposes subject to the hereinafter described conditions:
• Parking, as shown on the site plan, must be provided in the
rear yard of the subject property or the applicant must obtain
a special exception to the parking requirement from the
Board of Adjustment.
• Modifications to the landscaping/screening requirements
along the east, west and south sides of the property (6 '/2'
wood screening fence along approximately 106' of the east
property line; 4' chain link fence along the south property line
and along approximately 106' of the west property line; and
3' wide landscape strip along the east property line.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "B"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
October, 2007.
- Mayor Becky Ames -
He 1903-P: Request fora specific use permit to allow a physician's office in an RCR
tesidential Conservation and Revitalization) District.
jcation: 2331 North Street
pficant: Dr. Mae Wesson
0 100 200 Feet
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EXHIBIT "A"
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I certify that the above is a plat of a tract of land, known as 2331 North Street,
Beaumont, Texas 77702, the property of Marilyn McConville, as. surveyed by me, and
being more fully described as The West Two-thirds of Lot No. Five. (W. 2/3 of 5) and
the East Two-thirds of Lot No. Six (E. 2/3 of 6), in Block No, Twenty (20); of. AVERILL
ADDITION to the City of Beaumont, Jefferson County, Texas, according to the map or plat
of record in Volume 1, Pages 131 and 132 Map Records in the office of the County Clerk
of said County and State. This property is located in Flood Zone "C" which is an area
of minimal flooding per The Flood Insurance Rate Map of Beaumont, Texas, Community -Panel
Number 485457 0020 B, dated December 4, 1984. .Census Tract Number 11.
i F. Loc e, R.P.L.S.
'.1. . 14th Street
Eederland, Texas 77627
une 11, 2001
HAROLD F. LOOKE
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I certify that the above is a plat of a tract of land, known as 2331 North Street,
Beaumont, Texas 77702, the property of Marilyn McConville, as. surveyed by me, and
being more fully described as The West Two-thirds of Lot No. Five. (W. 2/3 of 5) and
the East Two-thirds of Lot No. Six (E. 2/3 of 6), in Block No, Twenty (20); of. AVERILL
ADDITION to the City of Beaumont, Jefferson County, Texas, according to the map or plat
of record in Volume 1, Pages 131 and 132 Map Records in the office of the County Clerk
of said County and State. This property is located in Flood Zone "C" which is an area
of minimal flooding per The Flood Insurance Rate Map of Beaumont, Texas, Community -Panel
Number 485457 0020 B, dated December 4, 1984. .Census Tract Number 11.
i F. Loc e, R.P.L.S.
'.1. . 14th Street
Eederland, Texas 77627
une 11, 2001
HAROLD F. LOOKE
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EXHIBIT
October 23, 2007
Consider approving a contract for the purchase of fittings, pipes and couplings for use in the
Water Department
WOW
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: October 23, 2007
REQUESTED ACTION: Council consider a contract for the purchase of fittings,
pipes, and couplings.
RECOMMENDATION
Administration recommends award of an annual contract for purchasing fittings, pipes, and
couplings to various vendors at the unit costs reflected in the attached bid tabulation. The
estimated total annual expenditure is $543,301.66
BACKGROUND
Bids were requested for an annual contract for couplings, brass fittings, plastic tubing, and
other water -related materials for use by the Water Utilities Department. The materials are used
in the repair of existing water lines, installation of new water service lines, and in the
maintenance of existing water mains and meters. The materials are utilized to maintain
adequate water service throughout the City.
Sixteen (16) vendors were notified, with five (5) responding with bids as detailed on the
attached bid tabulations. Specifications required vendors to submit pricing for lead-free
American or domestic -made products. In addition, specifications stated that bidders must
maintain firm pricing for the entire contract period. Due to price fluctuations in the cost of raw
materials used in the production of various contract items, particularly brass and polyethylene,
some vendors are wary of guaranteeing prices for a full year. Conditional bids that included
escalation clauses and bids for brands that did not meet minimum specifications were not
considered.
Bids received are summarized as follow:
Contract for fittings, pipes, and couplings
October 23, 2007
Page 2
VENDOR
SECTION
BID
ACT Pipe and Supply, Houston
Bolted Couplings
$36,370.50
Couplings
$39,264.50
Service Saddles
$21,536.50
Coburn Supply, Beaumont
Angle Stops
$89,544.45
Bends
$10,300.85
Check Valves
$4,864.00
Mechanical Joint Restrainers
$20,669.80
Meter Boxes
$100,085.80
Nipples
$10,476.50
Tubing
$8,416.00
Golden Triangle Pipe, Beaumont
Fire Hydrant Bury
$111,735.00
Fire Hydrant Extensions
$5,492.20
HD Supply Waterworks, Lufkin
Valves and Valve Taps
$71,306.56
Rural Pipe and Supply, Jasper
Bushings
$1,654.00
Valve Boxes
$11,585.00
TOTAL ESTIMATED ANNUAL COST:
$543,301.66
BUDGETARY IMPACT
Funds are available for this expenditure in the Water Utilities Department's operating budget.
RESOLUTION NO.
WHEREAS, bids were received for an annual contract for purchasing fittings, pipes
and couplings for use by the Water Utilities Department; and,
WHEREAS, various vendors submitted bids in the unit costs shown below:
VENDOR
SECTION
BID
ACT Pipe and Supply, Houston
Bolted Couplings
$36,370.50
Couplings
$39,264.50
Service Saddles
$21,536.50
Coburn Supply, Beaumont
Angle Stops
$89,544.45
Bends
$10,300.85
Check Valves
$4,864.00
Mechanical Joint
Restrainers
$20,669.80
Meter Boxes
$100,085.80
Nipples
$10,476.50
Tubing
$8,416.00
Golden Triangle Pipe, Beaumont
Fire Hydrant Bury
$111,735.00
Fire Hydrant Extensions
$5,492.20
HD Supply Waterworks, Lufkin
Valves and Valve Taps
$71,306.56
Rural Pipe and Supply, Jasper
Bushings
$1,654.00
Valve Boxes
$11,585.00
TOTAL ESTIMATED ANNUAL COST:
$543,301.66
and,
WHEREAS, City Council is of the opinion that the bids submitted by the various
vendors in the amounts shown above for an estimated total contract expenditure of
$543,301.66 should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bids for an annual contract for purchasing fittings, pipes and couplings for use
by the Water Utilities Department submitted by the vendors in the amounts shown above
for an estimated total contract expenditure of $543,301.66 be accepted by the City of
Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
October, 2007.
- Mayor Becky Ames -
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October 23, 2007
Consider authorizing the award of a contract for the First Baptist Church Parking Lot
Construction Project
BEAUMONT TEXAS
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Tom Warner, Director of Public Works
October 23, 2007
REQUESTED ACTION: Council consider a resolution authorizing the award of a
contract for the First Baptist Church Parking Lot
Construction Project to H. B. Neild and Sons, Inc. in the
amount of $269,000.00.
RECOMMENDATION
Administration recommends awarding the contract for the First Baptist Church Parking Lot
Construction Project to H. B. Neild and Sons, Inc. in the amount of $269,000.00.
BACKGROUND
On October 4, 2007, the City of Beaumont received one (1) bid for the First Baptist Church
Parking Lot Construction Project. The bid was submitted by H. B. Neild & Sons, Inc. in the
amount of $269,000.00 The estimated cost of the project prior to receipt of bid was
$250,000.00.
The MBE goal will be met through subcontracting with the MBE firms of Crabtree Barricade
Systems and Garden of Gethsemane in the amount of $21,432.00 representing 8% of the contract
amount.
BUDGETARY IMPACT
Funds are available in the Capital Program.
Iwpd
10!15!2007
Oct, 15. 2007 8.50PM
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RESOLUTION NO.
WHEREAS, on October 4, 2007, bids were solicited for a contract for the First
Baptist Church Parking Lot Construction Project; and,
WHEREAS, H. B. Neild and Sons, Inc., Beaumont, Texas, submitted a hid in the
amount of $269,000 and,
WHEREAS, City Council is of the opinion that the bid submitted by H. B. Neild and
Sons, Inc., of Beaumont, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by H. B. Neild and Sons, Inc., of Beaumont, Texas, for a contract
for the First Baptist Church Parking Lot Construction Project in the amount of $269,000 be
accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
October, 2007.
- Mayor Becky Ames -
October 23, 2007
Consider renewing an annual maintenance agreement for HTE, Inc. software support
City Council Agenda Item
� c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Bart Bartkowiak, Chief Technology Officer
MEETING DATE: October 23, 2007
REQUESTED ACTION: Council consider renewal of an annual maintenance
agreement for HTE, Inc. software support.
RECOMMENDATION
The Administration recommends payment of an invoice to HTE, Inc. for the renewal of an
annual maintenance agreement for software support in the amount of $ 92,395.
BACKGROUND
HTE, Inc. Software is used by various City departments. This purchase is exempt from
competitive bidding since it is available from only one (1) source having exclusive rights to
modify and maintain the software. The software maintenance agreement provides for unlimited
telephone support and up to three (3) software updates during the annual term.
This agreement is for an annual period beginning October 1, 2007 and includes the following
applications.
Software Applications
Contract Amount
Building Codes and Permitting
$4,720
Finance/Cash Receipts
$2,870
Finance/Fixed Assets
$2,720
Finance/GMBA Accounting System
$11,280
Finance/Loans Module
$2,300
Finance/Accounts Receivable
$3,990
Finance/Purchasing
$6,200
Finance/Payroll
$9,320
Human Resources/Applicant Tracking
$3,750
Imaging Interfaces
$2,595
Click2Gov Citizen Web Interfaces
$3,780
Municipal Court
$8,740
Jury Management
$2,220
Land Management
$4,250
Occupational License
$1,990
Document Management Services
$960
QRep Reporting
$1,740
Water Billing and Citizen Online Payments
$10,770
Application Modifications
$8,200
Total
$92,395
BUDGETARY IMPACT
Funding is budgeted for fiscal year 2008 as follows:
General Fund
$64,155
Municipal Court Technology Fund
$16,315
Water Fund
$11,925
Total
$92,395
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby, authorized to approve payment of an invoice
in the amount of $92,395 to Sunguard HTE, Inc. for the renewal of an annual maintenance
agreement for software support used by various city departments for an annual period
beginning October 1, 2007.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
October, 2007.
- Mayor Becky Ames -
October 23, 2007
Consider authorizing the City Manager to execute a warranty deed in favor of the Heirs of Wilbur
Carroll Gilbert, Jr., W. C. Gilbert, Sr., and Elizabeth Gilbert Fortune transferring the interest that
the City of Beaumont may have in the property located at 328 Bowie Street, Beaumont, Texas
BEAUMONT, TEXAS
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Tyrone E. Cooper, City Attorney
October 23, 2007
REQUESTED ACTION: Council consider approving a resolution authorizing the
City Manager to execute a warranty deed in favor of the
Heirs of Wilbur Carroll Gilbert, Jr., W. C. Gilbert, Sr., and
Elizabeth Gilbert Fortune transferring the interest that the
City of Beaumont may have in the property located at 328
Bowie Street, Beaumont, Texas.
RECOMMENDATION
Administration recommends approving a resolution authorizing the City Manager to execute a
warranty deed in favor of the Heirs of Wilbur Carroll Gilbert, Jr., W. C. Gilbert, Sr., and
Elizabeth Gilbert Fortune transferring the interest that the City of Beaumont may have in the
property located at 328 Bowie Street, Beaumont, Texas.
BACKGROUND
In 1998 the City was the beneficiary of a testamentary gift from Wilbur Carroll Gilbert, Jr., W. C.
Gilbert, Sr., and Elizabeth Gilbert Fortune which made possible the acquisition of the Gilbert
Building at 382 Bowie Street in downtown Beaumont, Texas. The deeds of conveyance contain
certain restrictive covenants as to how the building was to be restored, used and maintained. At
the time of the conveyance, the City agreed to use reasonable diligence in the restoration,
preservation and maintenance of the building as is practicable and within the City's ability to do.
To assist in that effort, Mrs. Fortune provided, in her will, that after all of her individual bequests
were satisfied, the balance of her estate would go to the Foundation of Southeast Texas to assist
with restoration of the building. These funds were later depleted through litigation expenses in a
Will contest initiated by the heirs.
After an extensive assessment of what it would take to restore the building for proper use, the
City Manager has determined that because of age and deteriorated condition, it is not
economically feasible for the City to restore the building for the purposes mandated by the
covenants. For this reason and the fact that at least one heir is demanding a reversion of the
property, it is in the best interest of the citizens of the City of Beaumont to allow the building to
revert to the grantors as provided for by the covenants.
BUDGETARY IMPACT
Reversion to private ownership will put the property back on the tax rolls for purposes of ad
valorem taxation.
RESOLUTION NO.
WHEREAS, by Resolution No. 98-221, the City of Beaumont accepted the offer of
a gift from Mrs. Elizabeth Gilbert Fortune of one-sixth (1/6th) interest in the Gilbert Building
and common stock equal in value to Sixty -Two Thousand Five -Hundred ($62,500) Dollars
for the intended purpose of purchasing the other five -sixth (5/6th) interest in the building;
and,
WHEREAS, on December 29, 1998, Chase Bank of Texas, National Association,
as Successor Trustee of the Testamentary Trust under the Will and Codicil of Wilbur
Carroll Gilbert, Jr., as Successor Trustee of the Testamentary Trust under the Will of W.
C. Gilbert, Sr., and as Successor Trustee of the Testamentary Trust under the Will of
Elizabeth B. Gilbert, as Grantor conveyed by special warranty deed a five -sixth (5/6th)
interest in and to the South one-half ('/2) of both Lots 220 and 221 in Block 42 of the
Original Townsite of Beaumont, Jefferson County, Texas, and all the improvements
thereon, commonly referred to as the Gilbert Building at 320 Bowie Street, Beaumont,
Texas; and,
WHEREAS, the charitable intent of the conveyances was stated as a restrictive
covenant binding the City of Beaumont as to how the building would be restored, used and
maintained; and,
WHEREAS, Mrs. Gilbert Fortune upon her death provided in her Will that a fund
would be established through the Foundation of Southeast Texas to assist with the
restoration and continued maintenance of the building; and,
WHEREAS, these funds were later depleted through litigation expenses in a Will
contest initiated by her heirs; and,
WHEREAS, the City Council of the City of Beaumont has determined and does find
that because of age and deteriorated condition, it is not practical for the City to restore,
preserve and maintain the building for the charitable purposes intended by the covenant
and that it is in the best interest of the citizens to allow the reversion of the building to the
Grantor as provided in the covenant.
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
Section 1.
THAT the statements and findings set forth in the preamble to this resolution are hereby
and in all things approved and adopted.
Section 2.
THAT the City Manager be and he is hereby authorized to execute a Warranty Deed in
favor of the Grantor as provided in the documents of conveyance by which the City of
Beaumont received ownership of the above-described property.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
October, 2007.
- Mayor Becky Ames -
10
October 23, 2007
Consider approving Change Order No. 5 for the Martin Luther King, Jr. Park
City Council Agenda Item
IM
� c
TO:
City Council
FROM: Kyle Hayes, City Manager
'O•P .
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: October 23, 2007
REQUESTED ACTION: Council approval of Change Order No. 5 for the Martin
Luther King, Jr. Park.
RECOMMENDATION
Administration recommends approval of Change Order No. 5 in the amount of $37,000 for inscribing
cast stone panels at Martin Luther King, Jr. Park.
BACKGROUND
The construction contract was awarded by Council to N & T Construction, Inc. in the amount of
$648,000. Construction is underway and the wording for the cast stone panels has been finalized.
The four sets of panels along the park pathway will be inscribed with various excerpts from Dr.
King's speeches. The price could not be established until the manufacturer was provided with the
number of letters, size and font style.
The contractor has requested that the completion date be extended until December 15, 2007. The
wording for the panels was submitted to the contractor on October 1.
Previous change orders include:
Change Order No. 1 in the amount of $47,476 provided for an upgrade in the type of paver to be
installed.
Change Order No. 2 in the amount of $6,635 was issued for imprinting the new memorial bricks.
Change Order No. 3 in the amount of $8,303 was issued for electrical upgrades.
Change Order No. 4 in the amount of $17,669 was issued for the installation of light fixtures in the
parking area.
M.L.K Park - Change Order No. 5
October 16, 2007
Page 2
The base bid of $648,000 was increased by Change Order Nos. 1, 2, 3, and 4 to $728,083. Change
Order No. 5 will increase the original contract amount by six percent (6%). Total percentage increase
to date is twelve percent (12%).
BUDGETARY IMPACT
Funds are available in the Capital Program.
RESOLUTION NO.
WHEREAS, on October 31, 2006, the City Council of the City of Beaumont, Texas,
passed Resolution No. 06-335 awarding a contract in the amount of $648,000 to N & T
Construction, Inc., Orange, Texas, for the construction of Martin Luther King, Jr. Park; and,
WHEREAS, Change Order No. 1 was required for upgrading the specified 2 ft. x 2
ft. concrete pavers to Hanover Prest Pavers in a limestone grey and furnishing new
memorial brick pavers in a charcoal finish thereby increasing the contract amount by
$47,476 which increased the total contract amount to $695,476; and
WHEREAS, Change Order No. 2 was required to imprint 261 new memorial bricks
that will be placed along the walkway thereby increasing the contract amount by $6,635
for a total contract amount of $702,111; and
WHEREAS, Change Order No. 3 was required forfurnishing and installing electrical
power breakers, a concrete pedestal and an aluminum enclosure for the main electrical
service that connects to the main power source thereby increasing the contract amount by
$8,303 for a total contract amount of $710,414; and
WHEREAS, Change Order No. 4 was required for furnishing and installing new light
fixtures in the parking lot thereby increasing the contract amount by $17,669 for a total
contract amount of $728,083; and
WHEREAS, Change Order No. 5 is required for inscribing cast stone panels thereby
increasing the contract amount by $37,000 for a total contract amount of $765,083.
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute Change Order No. 5
increasing the contract amount by $37,000 for a total contract amount of $765,083 for the
construction of Martin Luther King, Jr. Park.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
October, 2007.
- Mayor Becky Ames -
11
October 23, 2007
Consider authorizing the City Manager to increase the Rehabilitation of the Primary and
Secondary Trickling Filters Project for "extra work"
9:i:
EEAUMONT.TEXAS
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Dr. Hani J. Tohme, Water Utilities Director 4W
October 23, 2007
REQUESTED ACTION: Council approval of a resolution authorizing the City
Manager to increase the Rehabilitation of the Primary and
Secondary Trickling Filters Project for "extra work".
RECOMMENDATION
The Administration recommends approval of increasing the Rehabilitation of the Primary and
Secondary Trickling Filters Project amount by $34,965.35. The proposed changes to the contract
will remove three concrete plugs for the headworks building and channel, replace the specified
Garlock gaskets with 1/8" neoprene gaskets on Primary Trickling Filter No. 1, sand blast existing
distribution arms for Primary Trickling Filter No. 2, Secondary Trickling Filter No. 1 and
Secondary Trickling Filter No. 2 to prepare the surface to be galvanized, repair three (3) sections
of the distribution tubes from Primary Trickling Filter No. 2 by cutting the bottom section of the
tubes at the weld seams on both sides and installing a 1/4" carbon steel plate bent to the original
radius and cutting new holes for the orifice ports to match the original holes, furnish and install
325 new stainless steel spreader plates and 325 new stainless steel spacer plates on Primary
Trickling Filter No. 2, repair the top of one distribution tube section by cutting out the damaged
area and welding a 1/4" carbon steel plate in place and weld up dimple holes on the distribution
tubes for Primary Trickling Filter No. 2, and increase the contract time by 81 calendar days. The
additional days increases the total contract time to 441 calendar days. The proposed extra work
will represent an increase of 2.34% of the original contract amount.
BACKGROUND
The primary and secondary filters were originally built in 1952. The proposed additions and
modifications to the trickling filters are mandated by equipment failure, increased flows during
normal operational conditions and deteriorated structures and equipment. The project will
rehabilitate and replace structural components and install new equipment to meet present and
future demands and State and Federal regulations.
Rehabilitation of the Primary and Secondary Trickling Filters Project
October 23, 2007
Page 2 of 2
Previous actions include:
Resolution 06-325 in the amount of $1,496,254.00 was passed by City Council on
October 24, 2006.
This Change Order is recommended for approval by the City Manager and the Water Utilities
Director.
BUDGETARY IMPACT
Funds for the project are available in the Capital Program.
APPROVAL, OF CONTRACT CHANGE
Change Order No. 1
Date: October 15. 2007
Project: City of Beaumont, Texas
Wastewater Treatment Facility
Rehabilitation of the Primary and Secondary Trickling Filters
Owner: City of Beaumont, Texas
801 Main Street
Beaumont, Texas 77704
Contractor: Allco, Ltd
P.O.Box 3684
Beaumont, Texas 77704
To the Owner: Approval of the following contract change is requested.
Reason for Change: Remove three concrete plugs for the headworks building and channel, replace the specified
Garlock gaskets with 1/8" neoprene gaskets on Primary Trickling Filter No. 1, sand blast existing distribution
arms for Primary Trickling Filter No. 2, Secondary Trickling Filter No. I and Secondary Trickling Filter No. 2 to
prepare the surface to be galvanized, repair three (3) sections of the distribution tubes from Primary Trickling
Filter No. 2 by cutting the bottom section of the tubes at the weld seams on both sides and installing a 1/4" carbon
steel plate beat to the original radius and cutting new holes for the orifice ports to match the original holes, furnish
and install 325 new stainless steel spreader plates and 325 new stainless steel spacer plates on Primary Trickling
Filter No. 2, repair the top of one distribution tube section by cutting out the damaged area and welding a 114"
carbon steel plate in place and weld up dimple holes on the distribution tubes for Primary Trickling Filter No. 2.
The Change Order will also adjust the contract time due to additional work.
ORIGINAL CONTRACT AMOUNT:
$1,496,254.00
THIS CHANGE ORDER:
Desedpiion
Net Change
$2,527.00
Remove three concrete plugs for the headworks building and channel.
Replace the specified Garlock gaskets with 1/8" neoprene gaskets on the
$1,559.00
Primary Trickling Filter No. 1.
Sand blast existing distribution arms for Primary Trickling Filter No. 2,
$15,042.00
Secondary Trickling Filter No. 1 and Secondary Trickling Filter No. 2 to
prepare the surface to be galvanized.
Repair three (3) sections of the distribution tubes from the Primary Trickling $6,917.25
Fiters No. 2 by cutting the bottom section of the tubes at the weld seam on
both sides and installing a 1/4" carbon steel plate bent to the original radius
and cutting new holes for the orifice ports to match the original holes.
Furnish and install 325 new stanliess steel spreader plates and 325 new $7,192.10
stainless steel spacers plates on the Primary Trickling Fiter No. 2.
Repair the top of one distribution tube section by cutting out the damaged $1,728.00
area and welding on a 1/4" carbon steel plate in place and weld up dimple
holes on the distribution tubes for Primary Trickling Filter No. 2.
TOTAL AMOUNT OF THIS CHANGE ORDER: $34.965.35
TOTAL REVISED CONTRACT AMOUNT INCLUDING
THIS CHANGE ORDER: $1,531.219.35
Change Order No. 1 October 15, 2007
Page 2 of 2
CONTRACT TIME:
Original Contract Time: 360 days
Additional work days requested 81 days
Revised Contract Time 441 days
CONDITION OF CHANGE:
"Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this
Change Order represents frill compensation for all increases and decreases in the cost of, and the time required
to perform the entire work under the Contract arising directly or indirectly from this Change Order and all
previous Change Orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor
that the Change Order represents an all inclusive, mutually agreed upon adjustment to the Contract, and that
Contractor will waive all rights to file a claim on this Change Order after it is properly executed."
Recommended by:
Scha nburg & Polk, Inc.
Engi eer
Approved By:
City of Beaumont
Owner
Accepted by:
da# i.-
Allco, td.
Contractor
Date: A2 l5 Date: Date: /Ufa/a
RESOLUTION NO.
WHEREAS, on October 24, 2006, the City Council of the City of Beaumont, Texas,
passed Resolution No. 06-325 awarding a contract in the amount of $1,496,254 to Allco,
Ltd., Beaumont, Texas, forthe Rehabilitation of the Wastewater Treatment Facility Primary
and Secondary Trickling Filters; and,
WHEREAS, Change Order No. 1 is required for "extra work" to remove three
concrete plugs for the headworks building and channel, replace the specified Garlock
gaskets with 1/8" neoprene gaskets on Primary Trickling Filter No. 1, sandblast existing
distribution arms for Primary Trickling Filter No. 2, Secondary Trickling Filter No. 1 and
Secondary Trickling Filter No. 2 to prepare the surfaces to be galvanized, repair three (3)
sections of the distribution tubes from Primary Trickling Filter No. 2 by cutting the bottom
section of the tubes at the weld seams on both sides and installing a 1/4" carbon steel
plate bent to the original radius and cutting new holes for the orifice ports to match the
original holes, furnish and install 325 new stainless steel spreader plates and 325 new
stainless steel spacer plates on Primary Trickling Filter No. 2, repair the top of one
distribution tube section by cutting out the damaged area and welding a 1/4" carbon steel
plate in place and weld up dimple holes on the distribution tubes for Primary Trickling Filter
No. 2, and increase the contract time by 81 calendar days, thereby increasing the contract
amount by $34,965.35 for a total contract amount of $1,531,219.35.
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute Change Order No. 1
for "extra work" as described above, thereby increasing the contract amount by $34,965.35
for a total contract amount of $1,531,219.35.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
October, 2007.
- Mayor Becky Ames -
12
October 23, 2007
Consider approving Change Order No. 1 for renovations to City Hall
City Council Agenda Item
� c
TO: City Council
FROM: Kyle Hayes, City Manager
IINP
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE:
October 23, 2007
REQUESTED ACTION: Council approval of Change Order No. 1 for renovations to
City Hall.
RECOMMENDATION
The Administration recommends approval of Change Order No. 1 in the amount of $58,391.06
for new carpet to be installed on the I' floor of City Hall.
BACKGROUND
A contract was awarded to Bruce's General Construction in the amount of $457,000 for
renovations to the 2"d and 3" floors of City Hall. Included in the remodeling is the installation of
new carpet. Upon placing the order for the carpet required for the 2nd and 3' floors, it was
discovered that greater discounts would be realized if the quantity of carpet for all floors was
placed with the initial order. Additionally, the carpet will be milled from the same dye lot to
ensure color consistency.
Upon completion of the 2nd and 3`d floors, the design of the I' floor will be completed. Included
will be renovations to the Human Resources Department, Cash Management offices and Council
Chambers. All I' floor offices, including Council Chambers, will receive new carpet. Bruce's
General Construction in cogjunction with Porter's Carpet will store carpet until thele` floor
renovations are completed.
The base bid of $457,000 will be increased by $58,391.06 or 13%.
BUDGETARY IMPACT
Funds are available in the Capital Program.
RESOLUTION NO.
WHEREAS, on September 18, 2007, the City Council of the City of Beaumont,
Texas, passed Resolution No. 07-281 awarding a contract in the amount of $457,000 to
Bruce's General Construction, Beaumont, Texas, to furnish all labor, materials, equipment
and supplies to renovate the 2nd and 3rd floors of City Hall; and,
WHEREAS, Change Order No. 1 in the amount of $58,391.06 is required to include
carpet for the 2nd and 3rd floors of City Hall to receive a greater discount thereby increasing
the contract amount to $515,391.06;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute Change Order No. 1
increasing the contract amount by $$58,391.06 for a total amount of $515,391.06 to
include carpet for the 2nd and 3rd floors of City Hall to receive a greater discount.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
October, 2007.
- Mayor Becky Ames -
13
October 23, 2007
Consider nominating C. L. Sherman to the Jefferson County Appraisal District Board of Directors
City Council I 1 II
BEAUMONT,TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
MEETING DATE: October 23, 2007
REQUESTED ACTION: Consider nominating C. L. Sherman to the Jefferson County
Appraisal District Board of Directors
RECOMMENDATION
The Administration recommends approval of the nomination of Mr. Sherman.
BACKGROUND
The terms of the current Board members expire on December 31, 2007. All governmental entities
within Jefferson County have an opportunity to submit nominations for the Board of Directors.
Entities wishing to do so were to adopt a resolution making the nomination and file it with the
Jefferson County Appraisal District prior to October 15. The October 15 deadline was missed;
however, the deadline was extended to October 23, 2007. C.L. Sherman currently serves on the
Board of Directors. Before October 30, each entity entitled to vote will be mailed a ballot listing
all nominees. Each entity will then cast its votes, again by resolution adopted by the governing
body, and submit the resolution back to the Jefferson County Appraisal District before December
15.
Jefferson County Appraisal District
P. O. Box 21337 4610 S. Fourth St.
Beaumont, Texas 77720-1337 Beaumont, Texas 77705
CHIEF APPRAISER
Roland R. Bieber, RPA
Mrs. Becky Ames
Mayor
City of Beaumont
P O Box 3827
Beaumont TX 77704
Dear Mayor Ames:
(409) 840-9944
(409) 727-4611
Fax (409) 727-5621
MEMBERS OF THE BOARD
August 27, 2007 Eugene Landry, Chairperson
C.L. Sherman, Secretary
Miriam K. Johnson
Charles Lankford
Fred L. Mitchell
In accordance with Section 6.03(e) of the Property Tax Code, attached please find the voting entitlement for each
taxing unit that is entitled to vote for the Board of Directors.
The terms of the current Board members expire on December 31, 2007. If your entity would like to submit
nominations for the Board of Directors, you must do so by resolution adopted by your governing body and file it
with me prior to October 15. Before October 30 I will submit to each entity entitled to vote a ballot listing all of
the nominees. Each entity will then cast its votes, again by resolution adopted by the governing body, and submit
the resolution to me before December 15.
The conservation and reclamation districts nominated Miriam Johnson for the 2008 - 2009 term of office. Mrs.
Johnson's name will be placed on the ballot along with the names of the nominees submitted by the County, cities,
and school districts. In the main election, the nominee who receives the majority of the votes cast by the
conservation and reclamation districts will receive all of the votes cast by the special districts.
I have enclosed a copy of the calendar of events for the election of the Board of Directors. Please be aware that
due to new legislation, extensions for submitting your nominees and casting your votes can no longer be granted.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Roland R. Bieber, RPA
Chief Appraiser
pjb
Enclosures
, c. r. Kyle Hayes, City Manager
ELECTION OF BOARD OF DIRECTORS
Calendar of Events as Revised by HB 2043
Before October 1 Chief Appraiser calculates votes each entity is entitled to and
delivers written notice to each taxing entity (with exception of
conservation and reclamation districts).
Before October 15 By resolution adopted by the governing body, each entity
submits nomination to the Chief Appraiser (with exception of
conservation and reclamation districts). An entity may submit
a nomination for each of the five positions on the Board.
Before October 30 Chief Appraiser prepares a ballot of candidates whose names
were timely submitted and delivers a copy to the presiding
officer of each entity entitled to vote.
Before December 15 Each entity determines its vote by resolution and submits it to
the Chief Appraiser. An entity may cast all its votes for one
candidate or distribute them among candidates.
Before December 31 Chief Appraiser counts the votes, declares the five candidates
who receive the largest vote totals as the winners, and submits
the results to the taxing entities and the candidates
Should any deadline fall on a weekend or holiday, the deadline is extended to the next
regular business day.
Revisions to Section 6.03 of the Property Tax Code no longer allow the Chief
Appraiser to grant an extension for submitting nominees or casting votes.
JEFFERSON COUNTY APPRAISAL DISTRICT
Voting Allocation for 2008 - 2009 Board of Directors
Based on 2006 Tax Levies
Drainage District #6
Drainage District #7
Navigation and Waterways Dist
Port of Beaumont
Port of Port Arthur
Port of Sabine Pass
Trinity Bay Conservation Dist
WCID#10
SUBTOTAL C & R DISTRICTS:
Jefferson County
Beaumont ISD
Hamshire-Fannett ISD
Hardin Jefferson ISD
Nederland ISD
Port Arthur ISD
Port Neches -Groves ISD
Sabine Pass ISD
City of Beaumont
City of Bevil Oaks
City of Groves
City of Nederland
City of Port Arthur
City of Port Neches
SUBTOTALS:
% of Total
2006 Tax Levy
Tax Levy
# of Votes
$13,209,779.27
3.30%
165
$11,994,984.63
3.00%
150
$4,290,254.86
1.07%
54
$5,844,526.67
1.46%
73
$5,166,485.91
1.29%
65
$276,318.73
0.07%
3
$27,575.53
0.01%
0
$724,301.98
0.18%
9
$41,534,227.58
10.39%
519
$65,561,838.35
16.40%
820
$104,321,191.79
26.09%
1,305
$8,425,505.09
2.11%
105
$5,781,253.90
1.45%
72
$17,827,857.34
4.46%
223
$52,917,142.96
13.23%
662
$40,863,826.35
10.22%
511
$6,895,282.91
1.72%
86
$32,123,645.56
8.03%
402
$105,750.65
0.03%
1
$3,995,911.52
1.00%
50
$4,297,942.68
1.07%
54
$10,151,147.44
2.54%
127
$5,037,342.77
1.26%
63
$358,305,639.31
89.61%
4,481
TOTALS: $399,839,866.89 100.00% 5,000
IF!
October 23, 2007
PUBLIC HEARING: Receive comments related to the proposed termination of the City of
Beaumont Solid Waste Franchise Agreement granted to Arrow Waste, Inc. by repealing
Ordinance No. 05-029
Consider approving the termination of the City of Beaumont Solid Waste Franchise Agreement
granted to Arrow Waste, Inc. by repealing Ordinance No. 05-029
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: October 23, 2007
REQUESTED ACTION: Council, after conducting a public hearing, consider the
termination of the City of Beaumont Solid Waste Franchise
Agreement granted to Arrow Waste, Inc. by repealing
Ordinance No. 05-029.
RECOMMENDATION
Administration recommends termination of the franchise granted to Arrow Waste, Inc. by
repealing Ordinance No. 05-029 due to the company's violation of the terms and conditions of its
franchise to operate a solid waste collection and transportation service.
BACKGROUND
Arrow Waste, Inc. was granted a franchise in March 2005. Since May 2006 the company has
failed to make timely monthly franchise payments. They currently have not paid amounts which
were due on August 15 and September 15, 2007 totaling $1,200.34. They have also not reported
or paid amounts due on October 15, 2007 or responded to collection efforts. The most recent
payment for franchise fees, received on August 23, 2007 in the amount of $2,200.00, was
payment for delinquent amounts owed for prior months. The City's Controller is currently
conducting an audit of the company's financials and preliminary audit findings have found that
the Company owes additional funds to the City in the amount of $3,014.83. In addition, Arrow
Waste owes delinquent landfill charges for which they have been paying $5,000.00 per month
since February 2007. The current balance for use of the landfill is $17,052.50 and the most
recent payment was on October 5, 2007 in the amount of $5,000.00.
In accordance with procedures stated in the franchise agreement, a letter was mailed on
September 21, 2007 notifying Arrow Waste, Inc. that they were required to make payment in full
of all delinquent obligations owed to the City under the terms of the franchise agreement within
ten (10) days. In the letter, they were given notice that their failure to comply would result in
termination of their franchise.
Arrow Waste, Inc.
October 23, 2007
Page 2
There are currently five solid waste franchises operating within the City of Beaumont. For the
integrity of the franchises, all businesses are required to pay timely.
BUDGETARY IMPACT
Termination of the franchise does not extinguish the debt owed to the City of Beaumont by
Arrow Waste, Inc.
ORDINANCE NO.
ENTITLED AN ORDINANCE REPEALING ORDINANCE NO.
05-029 GRANTING A FRANCHISE TO ARROW WASTE,
INC., TO OPERATE A SOLID WASTE COLLECTION AND
TRANSPORTATION SERVICE IN THE CITY OF BEAUMONT
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 05-029 passed on April 26, 2005, granted a franchise
to Arrow Waste, Inc., to operate a solid waste collection and transportation service in the
City of Beaumont; and
WHEREAS, Arrow Waste, Inc., has failed to comply with the terms and conditions
of its franchise to operate a solid waste collection and transportation service in the City of
Beaumont by its failure to timely pay the monthly franchise fees; and
WHEREAS, the City of Beaumont desires to terminate the franchise agreementwith
Arrow Waste, Inc., granted by Ordinance No. 05-029 based on Arrow Waste, Inc.'s, failure
to comply with the terms and conditions of said franchise effective November 2, 2007.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT Ordinance No. 05-029 granting a franchise to Arrow Waste, Inc., to operate a solid
waste collection and transportation service in the City of Beaumont be and it is hereby
repealed and said franchise agreement is hereby terminated effective November 2, 2007.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
October, 2007.
- Mayor Becky Ames -