Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
PACKET JUN 19 2018
BEAUMONT REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JUNE 19, 2018 1:30 PM CONSENT AGENDA * Approval of minutes — June 5, 2018 * Confirmation of board and commission member appointments A) Authorize the City Manager to receive Continuum of Care (COC) Grant funds from the Department of Housing and Urban Development and to enter into a contract with the Triangle Area Network B) Approve a contract with SERVPRO of Beaumont for mold remediation and HVAC duct cleaning at the Tyrrell Historical Library C) Approve a contract with Jack Built of Orange for painting the ceiling at the Tyrrell Historical Library D) Approve the purchase of a Blower Package from Atlas Copco Compressors LLC of Houston for use at the Sewer Treatment Plant E) Authorize the City Manager to receive Hazard Mitigation Grant funds from the Department of Homeland Security F) Authorize the City Manager to accept maintenance and authorize a final payment to Neon Electric Corporation related to the construction of nine bus shelters G) Approve a payment to Motorola for a maintenance agreement to support the 800 MHz radio system H) Authorize the City Manager to accept funding from the Office of the Attorney General that will be allocated for the Beaumont Police Department's training and technical assistance 1) Authorize the granting of two Pipeline Agreements with Coastal Caverns, Inc. that will cross city utilities along Highland Avenue J) Authorize the granting of a Pipeline Agreement with Enterprise TE Products Pipeline Company, LLC that will cross three water lines and one sewer line near FM 3514 K) Authorize the acceptance of a ten foot wide Exclusive Water Easement located at 3443 Fannett Road L) Approve a contract with TNT Wrecker Service for towing and impounding services of uninsured vehicles for use by the Police Department BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: June 19, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to receive Continuum of Care (COC) Grant funds from the Department of Housing and Urban Development and to enter into a contract with the Triangle Area Network. BACKGROUND The City of Beaumont, as the lead agency receives a renewal grant allocation of Continuum of Care (COC) funds from the U.S. Department of Housing and Urban Development (HUD). Formerly known as the Shelter Plus Care (S+C) Program, it has been consolidated with other HUD competitive homelessness assistance grant programs, including the Supportive Housing Program (SHP) and the Section 8 Moderate Rehabilitation/Single Room Occupancy (SRO) Program, to create the new Continuum of Care (COC) Program. Continuum of Care assists hard to serve homeless individuals with disabilities and their families. These individuals primarily include those with serious mental illness, chronic problems with alcohol and/or drugs, and HIV/AIDS or related diseases. The COC Program consists of four components: Tenant -Based Rental Assistance (TRA), Sponsor -Based Rental Assistance (SRA), Project -Based Rental Assistance (PRA) and Moderate Rehabilitation for Single Room Occupancy Dwellings (SRO). The City of Beaumont in conjunction with Triangle Area Network provide the Tenant -Based Rental Assistance (TRA) component to the areas homeless individuals that have been diagnosed with HIV/AIDS. The grant amount for rental and utility assistance is $143,268.00 and $8,444.00 for the administrative costs associated with administering the program. The City of Beaumont will reimburse Triangle Area Network (TAN) for all eligible costs to operate the program and then draw the funds from the U.S. Treasury. FUNDING SOURCE 2017 Continuum of Care Grant from the U.S. Department of Housing and Urban Development (HUD). RECOMMENDATION Approve the resolution. 5/9/2018 FY 2017 CoC Renewal TX0219L6E071710 * Reply all v ® Delete Junk I v ••• FY 2017 CoC Renewal TX0219L6E071710 EM Elo, Mary M <Mary.M.Elo@hud.gov> Today, 12:30 PM Inbox Chris Boone; JoAnn Patillo; Cheryl Robinson; Johnson, Stacia L <Stacia.Uohnson@hud.gov>; Logan, Darrell C <Darre City of Beaumont PY 20... v 122 KB v Show all 1 attachments (122 KB) Download Save to OneDrive - City of Beaumont Mr. Christopher S. Boone, AICP Director of Planning &Community Development City of Beaumont SUBJECT: Transmittal of FY 2017 Continuum of Care (CoC) Grant Agreement Program: CoC Program: (CoC: TX -607) — Permanent Housing (PH) Project Number: TX0219L6E071710 Project Name: 2017—City of Beaumont CoC Renewal Grant Reply all I v Congratulations on the conditional selection for funding in the amount of $151,712.00 under the Department of Housing and Urban Development's (HUD) Fiscal Year (FY) 2017 CoC Housing Program. Addressing homelessness is one of the Department's top priorities and your project will make a significant contribution toward the continuum of care system in your community. The attached file containing the Exhibit 1 Scope of Work for FY2017 Competition permits the processing of the FY 2017 renewal grant. Please print three copies of the Exhibit Scope of Work for FY 2017 Competition. Date and sign each copy with an original signature and return to this office within 30 days of receipt of this email. The mailing address is: US Department of Housing and Urban Development Office of Community Planning and Development 1301 Fannin, Suite -2200 ------------- Houston,TX 77002 Once the signed documents are received, they will be signed and dated by a HUD approving official. One fully executed copy will be sent to you for your official records. NOTE: No funds can be disbursed for this project until the fully executed agreement has been received in your office. The obligations for the CoC funds toward this renewal project are: a. Rental Assistance $143,268 b. Administration $8,444 Thank you for your commitment to assisting homeless persons. If you have any questions regarding how to proceed with this renewal grant or if additional information is needed, please let me know. Mary Elo This is an external e-mail and not from the City of Beaumont. Please validate this e-mail before responding to or Opening/Clicking on any request from this external source..If you suspect this is a malicious e-mail - i.e. Phishing/Spoofing - forward it to IT.Externa[Alerts@BeaumontTexas.gov and delete it from your e-mail list. https://outlook.office.com/owa/projection.aspx 1/2 Tax ID,No.: 74-6000278 CoC Program Grant Number: TX0219L6E071710 Effective Date: DUNS No.: 073901118 EXHIBIT 1 SCOPE OF WORK for FY2017 COMPETITION (funding 1 project in CoCs with multiple recipients) 1. The project listed on this Scope of Work is governed by the Act and Rule, as they may be amended from time to time. The project is also subject to the terms of the Notice of Funds Availability for the fiscal year competition in which the funds were awarded and to the applicable annual appropriations act. 2. HUD designations of Continuums of Care as High -performing Communities (HPCS) are published in the HUD Exchange in the appropriate Fiscal Years' CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Grant Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for this grant was designated an HPC for the applicable fiscal year. Recipient is not a Unified Funding Agency and was not the only Applicant the Continuum of Care designated to apply for and receive grant funds and is not the only Recipient for the Continuum of Care that designated it. HUD's total funding obligation for this grant is $ 151712_ for project number TX0219L6E071710�. If the project is a renewal to which expansion funds have been added during this competition, the Renewal Expansion Data Report, including the Summary Budget therein, in a -snaps is incorporated herein by reference and made a part hereof. In accordance with 24 CFR 578.105(b), Recipient is prohibited from moving more than 10% from one budget line item in a project's approved budget to another without a written amendment to this Agreement. The obligation for this project shall be allocated as follows: a. Continuum of Care planning activities $ 0 b. UFA costs $ 0 c. Acquisition $ 0 d. Rehabilitation $ 0 e. New construction $ 0 f Leasing $ 0 g. Rental assistance $ 143268 h. Supportive services $ 0 i. Operating costs $ 0 j. Homeless Management Information System . $ 0 k. Administrative costs $ 8444 www.hud.gov espanol.hud.gov Page I 1. Relocation Costs $ 0 in. HPC homelessness prevention activities: Mousing relocation and stabilization services $ 0 Short-term and medium-term rental assistance $ 0 4. The performance period for the project begins _02-01-2018_and ends _01-31-2019_ No Rinds for new projects may be drawn down by Recipient until HUD has approved site control pursuant to §578.21 and §578.25 and no funds for renewal projects may be drawn down by Recipient before the end date of the project's final operating year under the grant that has been renewed. 5 If grant funds will be used for payment of indirect costs, the Recipient is authorized to insert the Recipient's federally recognized indirect cost rates on the attached Federally Recognized Indirect Cost Rates Schedule, which Schedule shall be incorporated herein and made a part of the Agreement. No indirect costs may be charged to the grant by the Recipient if their federally recognized cost rate is not listed on the Schedule.. 6.. The project has not been awarded project -based rental assistance for a term of fifteen (15) years. Additional funding is subject to the availability of annual appropriations. vmv.hud.gov espanol.hud.gov Page 2 Tax TD_No.: 74-6000278 Coe Program Grant Number: TX0219ME071710 Effective Date: DUNS No.: 073901118 FEDERALLY RECOGNIZED INDIRECT COST RATE SCHEDULE Grant No. Recipient Name Indirect cost rate Cost Base TX621916EQ71710 www.hud.gov espanol.hud.gov Page 3 This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development (Signature) Stacia L. Johnson, Director (Typed Name and Title) (Date) RECIPIENT City of Beaumont (Name of Organiz (Signature of Authorized Official) Kyle Hayes, City Mauager (Typed Name and Title of Authorized Official) (Date) www.hud.gov espanol.hud.gov Page 4 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a contract, substantially in the form attached hereto as Exhibit "1," with Triangle Area Network for the Continuum of Care (CoC) Grant through the United States Department of Housing and Urban Development; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents necessary for implementation of the Continuum of Care (CoC) Grant. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of June, 2018. - Mayor Becky Ames - RICH QITIT orrORTUN11T BEAUMDN* T• E• X• A - 8 AGREEMENT BETWEEN, THE CITY OF BEAUMONT AND TRIANGLE AREA NETWORK 12t FOWL HUM OPPORTUNITY This Agreement is made and entered into between the City of Beaumont, Texas, hereinafter referred to as CITY, and Triangle. Area Network, hereinafter referred to as SUBRECIPIENT pursuant to the authority of Resolution 18-, passed by the Beaumont City Council on May 22, 2018. This assistance will be funded in whole by the U.S. Department of Housing and Urban Development, Continuum of Care Program. WHEREAS, City has designated the Department of Community Development Block Grants Administration responsible for the administration of this Agreement and all matters pertaining thereto; and; WHEREAS, the Continuum of Care Program (CoC) is authorized by Title IV, subtitle F, of the Stewart B. McKinney Homeless Assistance Act (the McKinney Act) (42 U.S.C. 11403- 11407b). CoC is designed to provide rental assistance, in connection with supportive services for hard -to -serve homeless persons with disabilities (primarily those who are seriously mentally ill; have chronic problems with alcohol, drugs, or both; or have acquired immunodeficiency syndrome (AIDS) and related diseases) and their families; WHEREAS, the U.S. Department of Housing and Urban Development has awarded CITY a grant in the amount of $151,712.00 under the FY2017 Continuum of Care TRA Program, grant #TX0219L6E071609-TRA, to administer and provide tenant -based rental assistance (TRA) of (17) scattered site units for a period of one year, and; WHEREAS, in the FY17 grant CITY has engaged SUBRECIPIENT as the agency that would administer the rental assistance subsidies provided under the program; NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to the mutual obligations and the performance and accomplishment of the conditions hereinafter described. 1. TERM Subject to the provisions of this Grant Agreement, the CITY will make funding assistance available to SUBRECIPIENT upon execution of the Grant Agreement by both parties. The grant period will extend from the 1St day of February, 2018 through the 31St day of January, 2019 unless sooner terminated in accordance with Section 25, Termination. EXHIBIT "1" 2. RESPONSIBILITIES SUBRECIPIENT hereby accepts the responsibility for the performance of all services and activities described as set forth in Exhibit A, and incorporated herein by reference, in a satisfactory and efficient manner as determined by CITY, in accordance with the terms herein. CITY will consider SUBRECIPIENT's Executive Officer to be SUBRECIPIENT's representative responsible for the management of all contractual matter pertaining hereto, unless written notification to the contrary is received from SUBRECIPIENT, and approved by CITY. Pursuant to receiving the equivalent amount of fund from the U.S. Department of Housing and Urban Development, The City has allocated the sum of $151,712.00 to be expended under this contract. Unless an amendment to this contract otherwise provides, that amount shall in no event be exceeded and the City shall under no circumstance be required to pay in excess of that amount. The CITY'S CDBG Manager will be CITY'S representative responsible for the administration of this Agreement. 3. CITY'S OBILIGATION A. Limit of Liability. CITY will reimburse SUBRECIPIENT for expenses incurred pursuant and in accordance with the project budget attached hereto as Exhibit C and the Statement of Work herein attached as Exhibit A and incorporated herein by reference. Notwithstanding any other provision of the Agreement, the total of all payments and other obligations made or incurred by CITY hereunder shall not exceed the sum of $151,712.00. B. Measure of Liability. In consideration of full and satisfactory services and activities hereunder by SUBRECIPIENT and receipt of a request for payment with appropriate documentation of expenditures, CITY shall make payments to SUBRECIPIENT based on the Project Budget attached hereto and incorporated herein for all purposes as Exhibit C, subject to the- limitations and provisions set forth in this Section and Section 7 of this Agreement. Payments may be contingent upon certification of the SUBRECIPIENT'S financial management system in accordance with the standards specified in OMB. Circular A-110, attached hereto as Exhibit D and incorporated herein by reference. The parties expressly understand and agree that the CITY'S obligations undef this Section are contingent upon the actual receipt of adequate Shelter Plus Care (S+C) funds to meet CITY'S liabilities under this Agreement. If adequate funds are not available to make payments under this Agreement, CITY. shall notify SUBRECIPIENT- in writing within a reasonable time, after such fact has been determined. CITY may, at its option, either reduce the amount of its liability, as specified in Subsection A of this Section or terminate the Agreement. If S+C funds eligible for use for purposes of this Agreement are reduced, CITY shall not be liable for further payments due to SUBRECIPIENT under this Agreement 2. It is expressly understood that this Agreement in no way obligates the General Fund or any other monies or credits of the City of Beaumont. 3. CITY shall not be liable for any cost or portion thereof which: (a) has been paid, reimbursed or is subject to payment or reimbursement, from any other source; (b) was incurred prior to the beginning date, or, without prior approval from CITY, after the ending date specified in Section 1; (c) is not in strict accordance with the terms of this Agreement, including all exhibits attached hereto; (d) reimbursement from CITY has not been requested within 90 calendar days following billing to SUBRECIPIENT, or termination of the Agreement, whichever date is earlier; or (e) is not an allowable cost as defined by Section 10 of this Agreement or the project budget. 4. CITY shall not be liable for any cost or portion thereof which is incurred with respect to any activity of SUBRECIPIENT requiring prior written authorization from CITY, or after CITY has requested that SUBRECIPIENT furnish data concerning such action prior to proceeding further, unless and until CITY advises SUBRECIPIENT to proceed. 5. CITY shall not be obligated or liable under this Agreement to any party other than SUBRECIPIENT for payment of ,any monies or provision of any goods or services. 4. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS A. SUBRECIPIENT understands that funds provided pursuant to this Agreement are funds which have been made available to CITY by the Federal Government (U.S. Department of Housing and Urban Development) under the Title IV, Subtitle F, of the Stewart B. McKinney Homeless Assistance Act, as amended; in accordance with an approved Grant Application and specific assurances. The foregoing is in no way meant to constitute a complete compilation of all. duties imposed upon SUBRECIPIENT by law or administrative ruling, or to narrow the standards which SUBRECIPIENT must follow. SUBRECIPIENT further assures and certifies that if the regulations and issuances promulgated pursuant to the Act are amended or revised, it shall comply with them, or notify CITY, as provided in Section 23 of this Agreement. SUBRECIPIENT agrees to abide by the conditions of and comply with the requirements of the Office of Management and Budget Circulars Nos. A-110, A-122, A-87 and A-133 as applicable. B. SUBRECIPIENT shall comply with all applicable federal laws, laws of the State of Texas, ordinances of the City of Beaumont and local program requirements. C. SUBRECIPIENT is required to comply with the applicable uniform administrative requirements as described in 24 CFR 582 and 24 CFR 582.400 subpart E Exhibit B, with the exceptions noted below: SUBRECIPIENT does not assume CITY'S environmental responsibilities described at CFR 582.230; and 2. SUBRECIPIENT does not assume the CITY'S responsibility for initiating the review process under the provisions of 24 CFR Part 582. 5. REPRESENTATIONS A. SUBRECIPIENT assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Agreement. B. The person or persons signing and executing this Agreement on behalf of SUBRECIPIENT, does hereby warrant and guarantee that he, she, or they have been fully authorized by SUBRECIPIENT to execute this Agreement on behalf. of SUBRECIPIENT and to validly and legally bind SUBRECIPIENT to all terms, performances and provisions herein set forth. C. CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Agreement if there is a dispute as to the legal authority of either SUBRECIPIENT or the person signing the Agreement to enter into this Agreement. SUBRECIPIENT is liable to CITY for any money it has received from CITY for performance of the provisions of this agreement if CITY has suspended or terminated this Agreement for the reasons enumerated in this Section. D. SUBRECIPIENT agrees that the funds and resources provided SUBRECIPIENT under the terms of this Agreement will in no way be substituted for funds and resources from other sources, nor in any way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, SUBRECIPIENT had this Agreement not been executed. 6. PERFORMANCE BY SUBRECIPIENT SUBRECIPIENT will provide, oversee, administer, and carry out all of the activities and services set out in the Statement of Work, attached hereto and incorporated herein for all purposes as Exhibit A, utilizing the funds described in the Project Budget, Exhibit C, attached hereto and incorporated herein for all purposes and deemed by both parties to be necessary and sufficient payment for full and satisfactory performance of the program, as determined solely by CITY and in accordance with all other terms, provisions and requirements of this Agreement. No modifications or alterations may be made in the Statement of Work without the prior written approval of the City's Community Development Grants Administrator. 7. PAYMENTS -TO SUBRECIPIENT A. Payments to SUBRECIPIENT. The CITY shall pay to the SUBRECIPIENT a maximum amount of money totaling $151,712.00 for services rendered under this Agreement. CITY will pay these funds on a reimbursement basis to the SUBRECIPIENT within thirty days after CITY has received approved supporting documentation of eligible expenditures. SUBRECIPIENT'S failure to request reimbursement on a timely basis may jeopardize present or future funding. Funds are to be used for the sole purpose of providing services described in the Statement of Work herein attached as Exhibit A and based on the Project Budget herein attached as Exhibit C. B. Excess Payment. SUBRECIPIENT shall refund to CITY within ten working days of CITY'S request, any sum of money which has been paid by CITY and which CITY at any time thereafter determines: 1. has resulted in overpayment to SUBRECIPIENT; or 2. has not been spent strictly in accordance with the terms of this Agreement; or 3. is not supported by adequate documentation to fully justify the expenditure. C. Disallowed Costs: Upon termination of this Agreement, should any expense or change for which payment has been made be subsequently disallowed or disapproved as a result of any auditing or monitoring by CITY, the U. S. Department of Housing and Urban Development, or any other Federal agency, SUBRECIPIENT will refund such amount to CITY within ten working days of a written notice to SUBRECIPIENT, which specifies the amount disallowed. Refunds of disallowed costs may not be made from these or any funds received from or through CITY. D. Reversion of Assets. Upon expiration of this Agreement, SUBRECIPIENT shall transfer to the CITY any CoC/SPC funds on hand at the time of expiration and any accounts receivable attributable to the use of CoC/SPC funds. If CITY finds that SUBRECIPIENT is unwilling and/or unable to comply with any of the terms of this Contract, CITY may require a refund of any and all money expended pursuant to this Contract by SUBRECIPIENT, as well as any remaining unexpended funds which shall be refunded to CITY within ten working days of written notice to SUBRECIPIENT to revert these financial assets. The revision of these financial assets shall be in addition to any other remedy available to CITY either at law or in equity for breach of this Contract. 8. WARRANTIES SUBRECIPIENT represents and warrants that: A. All information, reports and data heretofore or hereafter requested by CITY and furnished to CITY, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to CITY. B. Any supporting financial statements heretofore requested by CITY and furnished to CITY, are complete, accurate and fairly reflect the financial condition of SUBRECIPIENT on the date shown on said report, and the results of the operation for the period covered by the report, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of SUBRECIPIENT. C. No litigation or legal proceedings are presently pending or threatened against SUBRECIPIENT. D. None of the provisions herein contravene or are in conflict with the authority under which SUBRECIPIENT is doing business or with the provisions of any existing indenture or agreement of SUBRECIPIENT. E. SUBRECIPIENT has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. F. None of the assets of SUBRECIPIENT are subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by SUBRECIPIENT to CITY. G. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. 9. COVENANTS A. During the period of time that payment may be made hereunder and so long as any payments remain unliquidated, SUBRECIPIENT shall not, without the prior written consent of the Community Development Administrator or his authorized representative: 1. Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of SUBRECIPIENT now owned or hereafter acquired by it, or permit any pre-existing mortgages, liens, or other encumbrances to remain on, or attached to any assets of SUBRECIPIENT which are allocated to the performance of this Agreement and with respect to which CITY has ownership hereunder. 2. Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or claims for money due or to become due. 3. , Sell, convey, or lease all or substantial part of its assets. 4. Make any advance or loan to, or incur any liability for any other firm, person, entity or corporation as guarantor, surety, or accommodation endorser. 5. Sell, donate, loan or transfer any equipment or item of personal property purchased with funds paid to SUBRECIPIENT by CITY, unless CITY authorizes such transfer. B. SUBRECIPIENT agrees, upon written request by CITY, to require its employees to attend training sessions sponsored by the Community Development Division. 10. ALLOWABLE COSTS A. Costs shall be considered allowable only if incurred directly and specifically in the performance of and in compliance with this Agreement and in conformance with the standards and provisions of Exhibits A and C. B. Approval of SUBRECIPIENT'S project budget, Exhibit C, does not constitute prior written approval, even though certain items may appear herein. CITY'S prior written authorization is required in order for the following to be considered allowable costs: 1. CITY shall not be obligated to any third parties, including any subrecipients of SUBRECIPIENT, and CITY funds shall not be used to pay for any contract service extending beyond the expiration of this Agreement. 2. Out of town travel. 3. Any alterations or relocation of the facilities on and in which the activities specified in Exhibit A are conducted. 4. Any alterations, deletions or additions to the Personnel Schedule incorporated in Exhibit C. 5. Costs or fees for temporary employees or services. 6. Any fees or payments for consultant services. 7. Fees for attending out of town meetings, seminars or conferences. Written requests for prior approval are SUBRECIPIENT'S responsibility and shall be made within sufficient time to permit a thorough review by CITY. SUBRECIPIENT must obtain written approval by CITY prior to the commencement of procedures to solicit or purchase services, equipment, or real or personal property. Any procurement or purchase which may be approved under the terms of this Agreement must be conducted in its entirety in accordance with the provisions of this Agreement. C. Equipment purchased by SUBRECIPIENT will be affixed with an asset tag by a Community Development representative and will remain in inventory for a period of five (5) years. During inventory period the equipment, belonging to the Department of Housing and Urban Development is to be used to carry out the proposed activities described in the Statement of Work, Attachment A, and as such may not be sold, donated, or destroyed. After the inventory period, ownership of the equipment will revert to the SUBRECIPIENT with all rights thereof. 11. PROGRAM INCOME A. For purposes of this Agreement, program income means earnings of SUBRECIPIENT realized from activities resulting from this Agreement or from SUBRECIPIENT'S management of funding provided or received hereunder. Such earnings include, but are not limited to, income from interest, usage of rental or lease fees, income produced from contract -supported services of individuals or employees or from the use or sale of equipment or facilities of SUBRECIPIENT provided as a result of this Agreement, and payments from clients or third parties for services rendered by SUBRECIPIENT under this Agreement. B. SUBRECIPIENT shall maintain records of the receipt and disposition of program income in the same manner as required for other contract funds, and reported to CITY in the format prescribed by CITY. CITY and SUBRECIPIENT agree, that any fees collected for services performed by SUBRECIPIENT shall be used for payment of costs associated with service provision. Revenue remaining after payment of all program expenses for service provision shall be considered Program Income and shall be subject to all. the requirements of this Agreement and the regulations found at CFR 24, Section 570.504. C. SUBRECIPIENT shall include this Section in its entirety in all of its sub -contracts which involve other income producing services or activities. D. It is SUBRECIPIENT'S responsibility to obtain from CITY a prior determination as to whether or not income arising directly or indirectly from this Agreement, or the performance thereof, constitutes program income. SUBRECIPIENT is responsible to CITY for the repayment of any and all amounts determined by CITY to be program income, unless otherwise approved in writing by CITY. 12. MAINTENANCE OF RECORDS A. SUBRECIPIENT agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of funds received under this Agreement, in compliance with the provisions of Exhibit B, attached hereto, and with any other applicable Federal and State regulations establishing standards for financial management including OMB circulars A-87, A-110, A-122 and A-133 as applicable; Title 24 CFR Section 582 as it pertains to costs incurred, audits, program income, administration and other activities and functions. SUBRECIPIENT'S record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Nothing in this Section shall be construed to relieve SUBRECIPIENT of fiscal accountability and liability under any other provision of this Agreement or any applicable law. SUBRECIPIENT shall include the substance of this provision in all subcontracts. B. SUBRECIPIENT agrees to retain all books, records, documents, reports and written accounting procedures pertaining to the operation of programs and expenditures of funds under this Agreement for five years after all funds have been expended. C. Nothing in the above subsections shall be construed to relieve SUBRECIPIENT of responsibility for retaining accurate and current records which clearly reflect the level and benefit of services provided under this Agreement. D. At any reasonable time and as often as CITY may deem necessary the SUBRECIPIENT shall make available to CITY, the U. S. Department of Housing and Urban Development, or any of their authorized representatives, all of its records and shall permit CITY, the U. S. Department of Housing and Urban Development, or any of their authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and all other data requested by said representatives. 13. REPORTS AND INFORMATION . At such times and in such form as CITY may require SUBRECIPIENT shall furnish such statements, records, data and information as CITY may request and deem pertinent to matters covered by this Agreement. SUBRECIPIENT shall submit beneficiary and financial reports to the CITY, as requested, at least once and not to exceed quarterly during the program year. The beneficiary report shall detail client information, including race, income, female head of household and other statistics required by the CITY. The financial report shall include information and data relative to all programmatic and financial reporting as of the beginning date specified in Section 1 of this Agreement. Beneficiary and financial reports shall be due to CITY within 15 working days after request by CITY. Unless the CITY has granted a written exemption, SUBRECIPIENT shall submit a copy of any audit conducted by independent examiners in accordance with Generally Accepted Accounting Principles. If the SUBRECIPIENT receives more than $750,000 in federal funding, the audit must be conducted in accordance with OMB Circular A-133 as applicable. 14. MONITORING AND EVALUATION A. CITY shall perform on-site monitoring of SUBRECIPIENT'S performance under this Agreement. B. SUBRECIF ENT agrees that the CITY may carry out monitoring and evaluation activities to ensure adherence by SUBRECIPIENT to the Statement of Work attached hereto as Exhibit A, as well as other provisions of this Agreement. C. SUBRECIPIENT agrees . to cooperate fully with the CITY in the development, implementation and maintenance of record-keeping systems and to provide data determined by the CITY to be necessary for the CITY to effectively fulfill its monitoring and evaluation responsibilities. D. SUBRECIPIENT agrees to cooperate in such a way so as not to obstruct or delay the CITY in such monitoring and to designate one of its staff to coordinate the monitoring process asrequested by CITY staff. E. After each official monitoring visit, the CITY shall provide the SUBRECIPIENT with a written report of monitoring findings documenting findings and concerns that will require a written response to the CITY. An acceptable response must be received by the CITY within sixty (60) days from the SUBRECIPIENT'S receipt of the monitoring report or audit review letter. Future contract payments can be withheld for the SUBRECIPIENT'S failure to submit a response within sixty (60) days. F. The SUBRECIPIENT shall submit copies of any fiscal, management, or audit reports by ,any of the SUBRECIPIENT'S funding or regulatory bodies to the CITY within five working days of receipt by the SUBRECIPIENT. 15. DIRECTOR'S MEETINGS During the terms of this Agreement, at the request of the CITY, SUBRECIPIENT shall cause to be delivered to the CITY copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notices, if so requested, shall be delivered to the CITY in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. SUBRECIPIENT understands and agrees that CITY representatives shall be afforded access to all of the Board of Directors meetings. Minutes of all meetings of the SUBRECIPIENT'S governing body shall be available, and upon request, be provided to the CITY within ten days after Board approval. `V 1► _ 1:: ► e- , A. SUBRECIPIENT shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered under this Agreement. B. The premises on and in which the activities described in Exhibit A are conducted, and the employees conducting these activities, shall be covered by liability insurance, commonly referred to as Owner/Tenant coverage with the CITY named as additional insured. Upon request of the SUBRECIPIENT, the CITY may, at its sole discretion, approve alternate insurance coverage arrangements. C. SUBRECIPIENT will comply with applicable workers compensation statues and will obtain employers liability coverage where available and other appropriate liability coverage for program participants, if applicable. D. SUBRECIPIENT will maintain adequate and continuous liability insurance on all vehicles owned, leased or operated by SUBRECIPIENT. All employees of SUBRECIPIENT who are required to drive a vehicle in the normal scope and course of their employment must possess a valid Texas driver's license and automobile liability insurance. Evidence of the employee's valid Texas driver's license and automobile liability insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in SUBRECIPIENT'S files. E. Actual losses not covered by insurance as required by this Section are not allowable under this Agreement, and remain the sole responsibility of the SUBRECIPIENT. . F. The policy or policies of insurance shall contain a clause which requires that the CITY and the SUBRECIPIENT be notified in writing of any cancellation or change in policy at least thirty (30) days prior to such change or cancellation. 17. CIVIL RIGHTS/EQUAL OPPORTUNITY A. SUBRECIPIENT shall comply with all applicable equal opportunity and affirmative action laws or regulations. The SUBRECIPIENT shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, gender, age or disability. The SUBRECIPIENT will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. B. The SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063 and Executive Order 11246 as amended by Executive Orders 11375 and 12086. C. SUBRECIPIENT will furnish all information and reports requested by the CITY, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations. D. In the event of SUBRECIPIENT'S non-compliance with the non-discrimination requirements, the CITY may cancel or terminate this Agreement in whole or in part, and SUBRECIPIENT may be barred from further contracts with the CITY. 18. PERSONNEL POLICIES Personnel policies shall be established by the SUBRECIPIENT and shall be available for examination. Such personnel policies shall: A. Be in writing and shall be approved by the governing body of the SUBRECIPIENT and the CITY. 19. CONFLICT OF INTEREST A. SUBRECIPIENT covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. SUBRECIPIENT further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. B. SUBRECIPIENT further covenants that no member of its governing body or its staff, sub -recipients or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself or others particularly those with which he has family, business, or other ties. C. No officer, member, or employee of the CITY and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall participate in any decision relating to the Agreement which affects his or her personal interest or the interest in any corporations, partnership, or association in which he or she has a direct or indirect interest. 20. NEPOTISM SUBRECIPIENT shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by SUBRECIPIENT, or is a member of SUBRECIPIENT'S governing board. The term member of immediate family includes wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step parent, step -child, half-brother and half-sister. 21. POLITICAL OR SECTARIAN ACTIVITY A. Neither the funds advanced pursuant to this Agreement, nor any personnel which may be employed by the SUBRECIPIENT with funds advanced pursuant to this Agreement shall be in any way or to any extent engaged in any conduct or political activity in contravention of Chapter 15 of Title 5 of the United States Code. B. The SUBRECIPIENT agrees that none of the funds or services provided directly or J indirectly under this Agreement shall be used for any partisan political activity or to further the election or defeat of any candidate for public office, or for publicity, lobbying and/or propaganda purposes designed to support or defeat pending legislation, Employees of the SUBRECIPIENT connected with any activity that is funded in whole or in part by funds provided to SUBRECIPIENT under this Agreement may not under the term of this Agreement: 1. Use their official position or influence to affect the outcome of an election or nomination. 2. Solicit contributions for political purposes; or 3. Take an active part in political management or in political campaigns. SUBRECIPIENT hereby agrees to sign a Certification Regarding Lobbying included herein as Exhibit E and if necessary, the Disclosure of Lobbying Activities provided by the CITY. 22. PUBLICITY A. Where such action is appropriate, SUBRECIPIENT shall publicize the activities conducted by SUBRECIPIENT under this Agreement. In any news release, sign, brochure, or other advertising medium, disseminating information prepared or distributed by or for SUBRECIPIENT, the advertising medium shall state that the U. S.. Department of Housing and Urban Development's Community Development Block Grant Program funding through the City of Beaumont has made the project possible. B. All published material and written reports submitted under this project must be originally developed material unless otherwise specifically provided in this Agreement. When material not originally developed is included in a report, the report shall identify the source in the body of the report or by footnote. This provision is applicable when the material is in a verbatim or extensive paraphrase format. All published material submitted under this project shall include the following reference on the front cover or title page: This document .is prepared in accordance with the City of Beaumont's Community Development Block Grant Program, with funding received from the United States Department of Housing and Urban Development. C. All reports, documents, studies, charts, schedules or other appended documentation to any proposal, content of basic proposal, or contracts and any responses, inquires, correspondence and related material submitted by SUBRECIPIENT. 23. CHANGES AND AMENDMENTS A. Any alterations, additions or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. B. SUBRECIPIENT may not make transfers between or among approved line items within project budget categories set forth in Exhibit C without prior written approval of CITY. SUBRECIPIENT shall request, in writing, the budget revision in a form prescribed by CITY, and such request for revision shall not increase the total monetary obligation of CITY under this - Agreement. In addition, budget revisions cannot significantly change the nature, intent or scope of the program funded under this Agreement. C. SUBRECIPIENT will submit revised budget and program information, whenever the level of funding for SUBRECIPIENT or the program(s) described herein is altered according to the total levels contained in any portion of Exhibit C. D. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation. E. CITY may, from time to time during the term of the Agreement, request changes in Exhibit A, which may include an increase or decrease in the amount of SUBRECIPIENT'S compensation. Such changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section. F. Any alterations, deletion, or additions to the Contact Budget Detail incorporated in Exhibit C shall require the prior written approval of CITY. G. SUBRECIPIENT agrees to notify CITY of any proposed change in physical location for work performed under this Agreement at least thirty (30) calendar days in advance of the change. H. SUBRECIPIENT shall notify CITY of any changes in personnel or governing board composition. 24. SUSPENSION OF FUNDING Upon determination by CITY of SUBRECIPIENT'S failure to timely and properly perform each of the requirements, time conditions and duties provided herein, the CITY, without limiting any rights it may otherwise have, may, at its discretion, and upon ten working days written notice to SUBRECIPIENT, withhold further payments to SUBRECIPIENT. Such notice may be given by mail to the Executive Officer and the Board of Directors of SUBRECIPIENT. The notice shall set forth the default or failure alleged, and the action required for cure. The period of such suspension shall be of such duration as is appropriate to accomplish corrective action, but in no event shall it exceed thirty (30) calendar days. At the end of the suspension period, if CITY determines the default or deficiency has been satisfied, SUBRECIPIENT may be restored to full compliance status and paid all eligible funds withheld or impounded during the suspension period. If however, CITY determines that SUBRECIPIENT has not come into compliance, the provisions of Section 25 may be effectuated. 25. TERMINATION A. CITY may terminate this Agreement for cause under any of the following reasons or for other reasons not specifically enumerated in this paragraph. 1. SUBRECIPIENT'S failure to attain compliance during any prescribed period of suspension as provided in Section 24. 2. SUBRECIPIENT'S failure to materially comply with any of the terms of this Agreement. 3. SUBRECIPIENT'S violation of covenants, agreements or guarantees of this Agreement. 4. Termination or reduction of funding by the United States Department of Housing and Urban Development. 5. Finding by the CITY that SUBRECIPIENT a. Is in such unsatisfactory financial condition as to endanger performance under this Agreement. b. has allocated inventory to this Agreement substantially exceeding reasonable requirements; C. is delinquent in payment of taxes, or of costs of performance of this Agreement in the ordinary course of business. 6. Appointment of a trustee, receiver or liquidator for all . or substantial part of SUBRECIPIENT'S property, or institution of bankruptcy, reorganization, rearrangement of or liquidation proceedings by or against SUBRECIPIENT. 7. SUBRECIPIENT'S inability to conform to changes required by Federal, State and local laws or regulations as provided in Section 4, and Section 23 (D), of this_ Agreement. 8. The commission of an act of bankruptcy. 9. SUBRECIPIENT'S violation of any law or regulation to which SUBRECIPIENT is bound or shall be bound under the terms of the Agreement. A. CITY shall promptly notify SUBRECIPIENT in writing of the decision to terminate and the effective date of termination. Simultaneous notice of pending termination may be made to other funding sources specified in Exhibit C. B. CITY may terminate this Agreement for convenience at any time. If CITY terminates the Agreement for convenience, SUBRECIPIENT will be paid an amount not to exceed the total of accrued expenditures as of the effective date of termination. In no event will this compensation exceed an amount which bears the same ratio to the total compensation as the services actually performed bears to the total services of SUBRECIPEINT covered by the Agreement, less payments previously made. C. SUBRECIPIENT may terminate this Agreement in whole or in part by written notice to CITY, if a termination of outside funding occurs upon which SUBRECIPIENT depends for performance hereunder. SUBRECIPIENT may opt, within the limitations of this Agreement, to seek an alternative funding source, with the approval of CITY, provided the termination by the outside funding source was not occasioned by a breach of contract as defined herein or as defined in a contract between SUBRECIPIENT and the funding source in question. SUBRECIPIENT may terminate this Agreement upon the dissolution of SUBRECIPIENT'S organization not occasioned by a breach of this Agreement. D. Upon receipt of notice to terminate, SUBRECIPIENT shall cancel, withdraw or otherwise terminate any outstanding orders or subcontracts, which relate to the performance of this Agreement. CITY shall not be liable to SUBRECIPIENT or SUBRECIPIENT'S creditors for any expenses, encumbrances or obligations whatsoever incurred after the termination date listed on the notice to terminate referred to in this paragraph. E. Notwithstanding any exercise by CITY of its right of suspension or termination, SUBRECIPIENT shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of the Agreement by SUBRECIPIENT, and CITY may withhold any reimbursement to SUBRECIPIENT until such time as the exact amount of damages due to CITY from SUBRECIPIENT is agreed upon or otherwise determined. y�M Il [11MM11iTo"." In the event that any claim, demand, suit or other action is made or brought by any person(s), firm, corporation or other entity against SUBRECIPIENT, SUBRECIPIENT shall give written notice thereof to CITY within two working days after being notified of such claim, demand, suit or other action. Such notice shall state the date and hour of notification of any such claim, demand, suit or other action, the names and addresses of the person(s), firm, corporation or other entity making such claim, or that instituted or threatened to institute any type of action or proceeding, the basis of such claim, action or proceeding, and the name of any person(s) against whom such claim is being made or threatened. Such written notice shall be delivered either personally or by mail. 27. INDEMNIFICATION A. It is expressly understood and agreed by both parties hereto that the CITY is contracting with the SUBRECIPIENT as an independent SUBRECIPIENT and that as such, SUBRECIPIENT shall save and hold CITY, its officers, agents and employees harmless from all liability of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any character whatsoever resulting in whole or in part from the performance or omission of any employee, agent or representative of SUBRECIPIENT. B. SUBRECIPIENT agrees to provide the defense for, and to indemnify and hold harmless CITY, its agents, employees, or SUBRECIPIENTs from any and all claims, suits, causes of action, demands, damages, losses, attorney fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omission of CITY, its agents, employees, or SUBRECIPIENTS. 28. NON -RELIGIOUS ACTIVITIES The SUBRECIPIENT will provide all services under this Agreement in a manner that is exclusively non -religious in nature and scope. There shall be no religious services, proselytizing, instruction or any other religious preference, influence or discrimination in connection with providing the services hereunder. 29. MISCELLANEOUS A. SUBRECIPIENT shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder, to any parry or parties, bank, trust company or other financial institution without the prior written approval of CITY. B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. C. In no event shall any payment to SUBRECIPIENT hereunder, or any other act or failure of CITY to insist in any one. or more instances upon the terms and conditions of this Agreement constitute or be construed in any way to be a waiver by CITY of any breach of covenant or default which may then or subsequently be committed by SUBRECIPIENT. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to CITY to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of CITY may waive the effect of this provision. D. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understanding or other commitment antecedent to this Agreement, whether written or oral, shall have no force or effect whatsoever; nor shall an agreement, assertion, statement, understanding, or other commitment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning 'of any part of this Agreement or its governing rules, codes, laws, ordinances or regulations, CITY as the party ultimately responsible to the U. S. Department of Housing and Urban Development for matters of compliance, will have the final authority to render or to secure an interpretation. F. For the purpose of this Agreement, all official communications and notices among the parties shall be deemed made if sent postage paid to the parties and addresses set forth below: TO CITY: TO SUBRECIPIENT: Mr. Kyle Hayes Mrs. Dena Gray Hughes City Manager Executive Director City of Beaumont Triangle Area Network P. O. Box 3827 1495 N. 7' Street Beaumont, TX 77704 Beaumont, TX 77702 G. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court competent jurisdiction sitting in Jefferson County Texas. IN WITNESS OF WHICH this Agreement has been executed on this the of .2018. CITY OF 13EAUMONT: ATTEST: BY: BY: Kyle Hayes, City Manager Tina Broussard, City Clerk Triangle Area Network (TAN): ATTEST: BY: BY: Date day EXHIBIT A STATEMENT OF WORK TAN, located at 1495 N. 7th Street, Beaumont, Texas 77702, shall use the Continuum of Care awarded funds in the amount of ($151,712.00) to pay for administrative costs ($8,444.00), and ($143,268.00) for tenant based rental assistance, for (17) scattered site units which will provide housing for clients that have been diagnosed and are living with HIV, as outlined the projected budget. SUBRECIPIENT shall provide to the City of Beaumont an itemized budget detailing the expenditures and encumbrances. Reports will be due 90 days after execution of this agreement. EXHIBIT B §581.13 if no completed applications or re- quests for extensions have been re- ceived by HHS within 90 days from the date of the last expression of interest, disposal may proceed in accordance with applicable law. § 581.13 Waivers. The Secretary may waive any re- quirement of this part that is not re- quired by law, whenever it is deter- mined that undue hardship would re- sult from applying the requirement, or where application of the requirement would adversely affect the purposes of the program. Each waiver will be in writing and will be supported by docu- mentation of the pertinent facts and grounds. The Secretary periodically will publish notice of granted waivers in the FEDERAL REGISTER. PART 582—SHELTER PLUS CARE Subpart A—General Sec. 582.1 Purpose and scope. 582.5 Definitions. Subpart B—Assistance Provided 582.100 Program component descriptions. 582.105 Rental assistance amounts and pay- ments, 582.110 Matching requirements. 582.116 Limitations on assistance. 582.120 Consolidated plan. Subpart C—Application and Grant Award 582.200 Application and grant award. 682.230 Environmental review requirements. Subpart D—Program Requirements 582.300 General operation. 582.305 Housing quality standards; rent rea- sonableness. 582.310 Resident rent. 582.315 Occupancy agreements. 582.320 Termination of assistance to partici- pants. 582.325 Outreach activities. 582.330 Nondiscrimination and equal oppor- tunity requirements. 582.335 Displacement, relocation, and real property acquisition. 582.340 Other Federal requirements. Subpart E—Ad ministration 682.400 Grant agreement. 582.405 Program changes. 582.410 Obligation and deobligation of funds. 24 CFR Ch. V (5-1-01 Edition) AUTHORITY: 42 U.S.C. 3535(d) and 11403- 11407b. SOURCE: 58 FR 13892, Mar, 15, 1993, unless otherwise noted. Subpart A—General §582.1 Purpose and scope. (a) General. The Shelter Plus Care program (S+C) is authorized by title IV, subtitle F, of the Stewart B. McKinney Homeless Assistance Act (the McKinney Act) (42 U.S.C. 11403- 11407b). S+C is designed to link rental assistance to supportive services for hard -to -serve homeless persons with disabilities (primarily those who are seriously mentally -ill; have chronic problems with alcohol, drugs, or both; or have acquired immunodeficiency syndrome (AIDS) and related diseases) and their families. The program pro- vides grants to be used for rental as- sistance for permanent housing for homeless persons with disabilities. Rental assistance grants must be matched in the aggregate by sup- portive services that are equal in value to the amount of rental assistance and appropriate to the needs of the popu- lation to be served. Recipients are cho- sen on a competitive basis nationwide. (b) Components. Rental assistance is provided through four components de- scribed in §582.100. Applicants may apply for assistance under any one of the four components, or a combination. [58 FR 13892, Mar. 15, 1993, as amended at 61 FR 51169, Sept. 30, 1996) §582.5 Definitions. The terms Fair Market Rent (FMR), HUD, Public Housing Agency (PHA), In- dian Housing Authority (IHA), and Sec- retary are defined in 24 CFR part 5. As used in this part: Acquired immunodeficiency syndrome (AIDS) and related diseases has the meaning given in section 853 of the AIDS Housing Opportunity Act (42 U.S. C. 12902). Applicant has the meaning given in section 462 of the McKinney Act (42 U.S.C. 114038). Eligible person means a homeless per- son with disabilities (primarily persons who are seriously mentally ill; have chronic problems with alcohol, drugs, 234 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD or both; or have AIDS and related dis- eases) and, if also homeless, the family of such a person. To be eligible for as- sistance, persons must be very low in- come, except that low-income individ- uals may be assisted under the SRO component in accordance.with 24 CFR 813.105(b). Homeless or homeless individual has the meaning given in section 103 of the McKinney Act (42 U.S.C. 11302). Indian tribe -has the meaning given in section 102 of the Housing and Commu- nity Development Act of 1974 (42 U.S.C. 5302). Low-income means an annual income not in excess of 80 percent of the me- dian income for the area, as deter- mined by HUD. HUD may establish in- come limits higher or lower than 80 percent of the median income for the area on the basis of its finding that such variations are necessary because of the prevailing levels of construction costs or unusually high or low family incomes. • Nonprofit organization has the mean- ing given in section 104 of the Cran- ston -Gonzalez National Affordable Housing Act (42 U.S.C. 12704). The term nonprofit organization also includes a community mental health center es- tablished as a public nonprofit organi- zation. Participant means an eligible person who has been selected to participate in S+C. Person with disabilities means a house- hold composed of one or more persons at least one of whom is an adult who has a disability. (1) A person shall be considered to have a disability if such person has a physical, mental, or emotional impair- ment which is expected to be of long - continued and indefinite duration; sub- stantially impedes his or her ability to live independently; and is of such a na- ture that such ability could be im- proved by more suitable housing condi- tions. (2) A person will also be considered to have a disability if he or she has a de- velopmental disability, which is a se- vere, chronic disability that— (i) Is attributable to a mental or physical impairment or combination of. mental and physical impairments; §582.5 (ii) Is manifested before the person attains age 22; (iii) Is likely to continue indefi- nitely; (iv) Results in substantial functional limitations in three or more of the fol- lowing areas of major life activity: (A) Self-care; (B) Receptive and expressive lan- guage; (C) Learning; (D) Mobility; (E) Self-direction; (F) Capacity for independent living; and (G) Economic self-sufficiency; and (v) Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services which are of lifelong or extended duration and are individually planned and coordinated. (3) Notwithstanding the preceding provisions of this definition, the term person with disabilities includes, except in the case of the SRO component, two or more persons with disabilities living together, one or more such persons liv- ing with another person who is deter- mined to be important to their care or well-being, and the surviving member or members of any household described in the first sentence of this definition who were living, in a unit assisted under this part, with the deceased member of the household at the time of his or her death. (In any event, with re- spect to the surviving member or mem- bers of a household, the right to rental assistance under this part will termi- nate at the end of the grant period under which the deceased member was a participant.) Recipient means an applicant ap- proved to receive a S+C grant. Seriously mentally ill has the meaning given in section 462 of the McKinney Act (42 U,S.C. 11403g). Single room occupancy (SRO) housing means a unit for occupancy by one per- son, which need not but may contain food preparation or sanitary facilities, or both. Sponsor means a nonprofit organiza- tion which owns or leases dwelling units and has contracts with a recipi- ent to make such units available to eli- gible homeless persons and receives 235 §582.100 rental assistance payments under the SRA component. State has the meaning given in sec- tion 462 of the McKinney Act (42 U.S.C. 114038). Supportive service provider, or service provider, means a person or organiza- tion licensed or otherwise qualified to provide supportive services, either for profit or not for profit. Supportive services means assistance that— (1) Addresses the special needs of eli- gible persons; and (2) Provides appropriate services or assists such persons in obtaining ap- propriate services, including health care, mental health treatment, alcohol and other substance abuse services, child care services, case management services, counseling, supervision, edu- cation, job training, and other services essential for achieving and maintain- ing independent living. (Inpatient acute hospital care does not qualify as a supportive service.). Unit of general local government has the meaning given in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302). Very low-income means an annual in- come not in excess of 50 percent of the median income for the area, as deter- mined by HUD, with adjustments for smaller and larger families. HUD may establish income limits higher or lower than 50 percent of the median income for the area on the basis of its finding that such variations are necessary be- cause of unusually high or low family incomes. [61 FR 61169, Sept. 30, 1996; 62 FR 13539, Mar. 21, 19971 Subpart B—Assistance Provided §582.100 Program component descrip- tions. (a) Tenant -based rental assistance (TRA). Tenant -based rental assistance provides grants for rental assistance which permit participants to choose housing of an appropriate size in which to reside. Participants retain the rent- al assistance if they move. Where nec- essary to facilitate the coordination of supportive services, grant recipients may require participants to live in a 24 CFR Ch. V (5-1-01 Edition) specific area for their entire period of participation or in a specific structure for the first year and in a specific area for the remainder of their period of participation. Recipients may not de- fine the area in a way that violates the Fair Housing Act or the Rehabilitation Act of 1973. The term of the grant be- tween HUD and the grant recipient for TRA is five years. (b) Project -based rental assistance (PRA). Project -based rental assistance provides grants for rental assistance to the owner of an existing structure, where the owner agrees to lease the subsidized units to participants. Par- ticipants do not retain rental assist- ance if they move. Rental subsidies are provided to the owner for a period of ei- ther five or ten years. To qualify for ten years of rental subsidies, the owner must complete at least $3,000 of eligible rehabilitation for each unit (including the unit's prorated share of work to be accomplished on common areas or sys- tems), to make the structure decent, safe and sanitary. This rehabilitation must be completed with in 12 months of the grant award. (c) Sponsor -based rental assistance (SRA). Sponsor -based rental assistance provides grants for rental assistance through contracts between the grant recipient and sponsor organizations. A sponsor may be a private, nonprofit or- ganization or a community mental health agency established as a public nonprofit organization. Participants reside in housing owned or leased by the sponsor. The term of the grant be- tween HUD and the grant recipient for SRA is five years. (d) Moderate rehabilitation for single room occupancy dwellings (SRO). (1) The SRO component provides grants for rental assistance in connection with the moderate rehabilitation of single room occupancy housing units. Re- sources to initially fund the cost of re- habilitating the dwellings must be ob- tained from other. sources. However, the rental assistance covers operating expenses of the rehabilitated SRO units occupied by homeless persons, includ- ing debt service to retire the cost of the moderate rehabilitation over a ten- year period. (2) SRO housing must be in need of moderate rehabilitation and must meet 236 Exhibit C Project Budget Triangle Area Network Rent/Lease payment $143,268.00 Administrative Costs $8,444.00 Total Budget $151,712.00 AUTHe-I-TEo US. r,OVERNMENT i, Ifji011pAATION 9 GPO EXHIBIT D PARTS 200-214 [RESERVED] PART 215 -UNIFORM ADMINISTRA- TIVE REQUIREMENTS FOR GRANTS AND AGREEMENTS WITH INSTITU- TIONS OF HIGHER EDUCATION, HOSPITALS, AND OTHER NON- PROFIT ORGANIZATIONS (OMB CIRCULAR A-110) Sec. 215.0 About this part. Subpart A=General 215.1 Purpose. 215.2 Definitions. 215.3 Effect on other issuances. 215.4 Deviations. 215.5 Subawards. Subpart B -Pre -Award Requirements 215.10 Purpose. 215.11 Pre -award policies. 215.12 Forms for applying for Federal assist- ance. 215.13 Debarment and suspension. 215.14 Special award conditions. 215.15 Metric system of measurement. 215.16 Resource Conservation and Recovery Act. 215.17 Certifications and representations. Subpart C -Post -Award Requirements FINANCIAL AND PROGRAM MANAGEMENT 215.20 Purpose of financial and program management. 215.21 Standards for financial management systems. 215.22 Payment. 215.23 Cost sharing or matching. 215.24 Program income. 215.25 Revision of budget and program plans. 215.26 Non -Federal audits. 215.27 Allowable costs. 215.28 Period of availability of funds. 215.29 Conditional exemptions. . PROPERTY STANDARDS 215.30 Purpose of property standards. 215.31 Insurance coverage. 215.32 Real property. 215.33 Federally -owned and exempt prop- erty. 215.34 Equipment. 215.35 Supplies and other expendable prop- erty. 77 215.36 Intangible property. 215.37 Property trust relationship. PROCUREMENT STANDARDS 215.40 Purpose of procurement standards. 215.41 Recipient responsibilities. 215.42 Codes of conduct. 215.43 Competition. 215.44 Procurement procedures. 215.45 Cost and price analysis. 215.46 Procurement records. 215.47 Contract administration. 215.48 Contract provisions. REPORTS AND RECORDS 215.50 Purpose of reports and records. 215.51 Monitoring and reporting program performance, 215.52 Financial reporting. 215.53 Retention and access requirements for records. TERMINATION AND ENFORCEMENT 216.60. Purpose of termination and enforce- ment. 215.61 Termination, 215.62 Enforcement. Subpart D -After -the -Award Requirements 215.70 Purpose. 215.71 Closeout procedures. 215.72 Subsequent adjustments and con- tinuing responsibilities. 215.73 Collection of amounts due. APPENDD2 A TO PART 216 -CONTRACT PROVI- SIONS AUTHORITY: 31 U.S.C. 503; 31 U.S.C. 1111; 41 U.S.C. 405; Reorganization Plan No. 2 of 1970; E.O. 11541, 35 FR 10737, 3 CFR, 1966-1970, p. 939. SOURCE: 69 FR 26281, May 11, 2004, unless otherwise noted. §215.0 About this part.- .(a) art._ .(a) Purpose. This part contains OMB guidance to Federal agencies on the ad- ministration of grants to and agree- ments with institutions of higher edu- cation, hospitals, and other non-profit organizations. The guidance sets forth standards for obtaining consistency and uniformity in the agencies' admin- istration of those grants and agree- ments. (b) Applicability. (1) Except as pro- vided herein, the standards set forth in this part are applicable to all Federal agencies. If any statute specifically §215.1 prescribes policies or specific require- ments that differ from the standards provided in this part, the provisions of the statute shall govern. (2) The provisions of subparts A through D of this part shall be applied by Federal agencies to recipients. Re- cipients shall apply the provisions of those subparts to subrecipients per- forming substantive work under grants and agreements that are passed through or awarded by the primary re- cipient, if such subrecipients are orga- nizations described in paragraph (a) of this section. (3) This part does not apply to grants, contracts, or other agreements be- tween the Federal Government and units of State or local governments covered by OMB Circular A-102, "Grants and Cooperative Agreements with State and Local Governments"' and the Federal agencies' grants man- agement common rule (see §215.5) which standardize the administrative requirements Federal agencies impose on State and local grantees. In addi- tion, subawards and contracts to State or local governments are not covered by this part. However, this part applies to subawards made by State and local governments to organizations covered by this part. (4) Federal agencies may apply the provisions of subparts A through D of this part to commercial organizations, foreign governments, organizations under the jurisdiction of foreign gov- ernments, and international organiza- tions. (c) OMB responsibilities. OMB is re- sponsible for: (1) Issuing and maintaining the guid- ance in this part. (2) Interpreting the policy require- ments in this part and providing assist- ance to ensure effective and efficient implementation. (3) Reviewing Federal agency regula- tions implementing the guidance in this part, as required by Executive Order 12866. (4) Granting any deviations to Fed- eral agencies from the guidance in this part, as provided in §215.4. Exceptions will only be made in particular cases I See 5 CFR 1310.9 for availability of OMB circulars. 78 2 CFR Ch. II (1-1-12 Edition) where adequate justification is, pre- sented, (5) Conducting broad oversight of government -wide compliance with the guidance in this part, (d) Federal agency responsibilities. head of each Federal agency awards and administers grants agreements subject to the guidanc this part is responsible for: (1) - Implementing the guidance subparts A through D of this part adopting the language in those parts unless different provisions are quired by Federal statute or are proved by OMB. (2) Ensuring that the agency's com- ponents and subcomponents comply with the agency's implementation of the guidance in subparts A through D of this part. (3) Requesting approval from OMB for deviations from the guidance in subparts A through D of this part in situations where the guidance requires that approval. (4) Performing other functions speci- fied in this part. (e) Relationship to previous issuance. The guidance in this part previously was issued as OMB Circular A-110. Sub- parts A through D of this part contain the guidance that was ii} the attach- ment to the OMB circular. Appendix A to this part contains the guidance that was in the appendix to the attachment. (f) Information Contact. Further infor- mation concerning this part may be ob- tained by contacting the Office of Fed- eral Financial Management, Office of Management and Budget, Washington, DC 20503, telephone (202) 395-3993. (g) Termination Review_ Date. This part will have a policy review three years from the date of issuance. The that and e in in by sub- re- ap- Subpart A—General §216.1 Purpose. This part establishes uniform admin- istrative requirements for Federal grants and agreements awarded to in- stitutions of higher education, hos- pitals, and other non-profit orgam. a - tions. Federal awarding agencies shall not impose additional or inconsistent requirements, except as provided in §§215.4, and 215.14 or unless specifically OMB Circulars and Guidance required by Federal statute or execu- tive order. Non-profit organizations that implement Federal programs for the States are also subject to State re- quirements. §215.2 Definitions. . (a) Accrued expenditures means the charges incurred by the recipient dur- ing a given period requiring the provi- sion of funds for: (1) Goods and other tangible property received; (2) Services performed by employees, contractors, subrecipients, and 'other payees; and, (3) Other amounts becoming owed under programs for which no current services or performance is required. (b) Accrued income means the sum of: (1) Earnings during a given period from: (i) Services performed by the recipi- ent, and (ii) Goods and other tangible prop- erty delivered to purchasers, and (2) Amounts becoming owed to the recipient for which no current services or performance is required by the re- cipient. (c) Acquisition cost of equipment means the net invoice price of the equipment, including the cost of modifications, at- tachments, accessories, or auxiliary apparatus necessary to make the prop- erty usable for the purpose for which it was acquired. Other charges, such as the cost of installation, transportation, taxes, duty or protective in -transit in- surance, shall be included or excluded from the unit acquisition cost in ac- cordance with the recipient's regular accounting practices. (d) Advance means a payment made by Treasury check or other appropriate payment mechanism to a recipient upon its request either before outlays are made by the recipient or through the use of predetermined payment schedules. (e) Award means financial assistance that provides support or stimulation to accomplish a public purpose. Awards include grants and other agreements in the form of money or property in lieu of money, by the Federal Government to an eligible recipient. The term does not include: technical assistance, which provides services instead of 79 § 2.15.2 money; other assistance in the form of loans, loan guarantees, interest sub- sidies, or insurance; direct payments of any kind to individuals; and, contracts which are required to be entered into and administered under procurement laws and regulations. (f) Cash contributions means the re- cipient's cash outlay, including the outlay of money contributed to the re- cipient by third parties. (g) Closeout means the process by which a Federal awarding agency de- termines that all applicable adminis- trative actions and all required work of the award have been completed by the recipient and Federal awarding agency. (h) Contract means a procurement contract under an award or subaward, and a procurement subcontract under a recipient's or subrecipient's contract. (1) Cost sharing or matching means that portion of project or program costs not borne by the Federal Govern- ment. (j) Date of completion means the date on which all work under an award is completed or the date on the award document, or any supplement or amendment thereto, on which Federal sponsorship ends. (k) Disallowed costs means those charges to an award that the Federal awarding agency determines to be un- allowable, in accordance with the ap- plicable Federal cost principles or other terms and conditions contained in the award. (1) Equipment means tangible non - expendable personal property including exempt property charged directly to the award having a useful life of more than one year and an acquisition cost of $5,000 or more per unit. However, consistent with recipient policy, lower Limits maybe established. (m) Excess property means property under the control of any Federal awarding agency that, as determined by the head thereof, is no longer re- quired for its needs or the discharge of its responsibilities. (n) Exempt property means tangible personal property acquired in whole or in part with Federal funds, where the Federal awarding agency has statutory authority to vest title in the recipient § 215.2 without further obligation to the Fed- eral Government, An example of ex- empt property authority is contained in the Federal Grant and Cooperative Agreement Act (31 U.S.C. 6306), for property acquired under an award to conduct basic or applied research by a non-profit institution of higher edu- cation or non-profit organization whose principal purpose is conducting scientific research. (o) Federal awarding agency means the Federal agency that provides an award to the recipient. (p) Federal funds authorized means the total amount of Federal funds obli- gated by the Federal Government for use by the recipient. This amount may include any authorized carryover of un - obligated funds from prior funding pe- riods when permitted by agency regula- tions or agency implementing instruc- tions. (q) Federal share of real property, equipment, or supplies means that per- centage of the property's acquisition costs and any improvement expendi- tures paid with Federal funds. (r) Funding period means the period of time when Federal funding is available for obligation by the recipient. (s) Intangible property and debt -instru- ments means, but is not limited to, trademarks, copyrights, patents and patent applications and such property as loans, notes and other debt instru- ments, lease agreements, stock and other instruments of property owner- ship, whether considered tangible or in- tangible. (t) Obligations means the amounts of orders placed, contracts and grants awarded, services received and similar transactions during a given period that require payment by the recipient dur- ing the same or a future period. (u) Outlays or expenditures means charges made to the project or pro- gram. They may be reported on a cash or accrual basis. For reports prepared on a cash basis, outlays are the sum of cash disbursements for direct charges for goods and services, the amount of indirect expense charged, the value of third party in-kind contributions ap- plied and the amount of cash advances and payments' made to subrecipients. For reports prepared on an accrual basis, outlays are the sum of cash dis- 80 2 CFR Ch. II (1-1-12 Edition) bursements for direct charges for goods and services, the amount of indirect ex- pense incurred, the value of inrkind contributions applied, and the net in- crease (or decrease) in the amounts owed by the recipient for goods and other property received, for services performed by employees, contractors, subrecipients and other payees' and other amounts becoming owed under programs for which no current services or performance are required. (v) Personal property means property of any kind except real property. It may be tangible, having physical exist- ence, or intangible, having no physical existence, such as copyrights, patents, or securities. (w) Prior approval means written ap- proval by an authorized official evi- dencing prior consent. (x) Program income means gross in- come earned by the recipient that is di- rectly generated by a supported activ- ity or earned as a result of the award (see exclusions in §215.24(e) and (h)). Program income includes, but is not limited to, income from fees for sere- ices performed, the use or rental of real or personal property acquired under federally -funded projects, the sale of commodities or items fabricated under an award, license fees and royalties on patents and copyrights, and interest on loans made With award funds. Interest earned on advances of Federal funds is not program income. Except as other- wise provided in Federal awarding agency regulations or the terms and conditions of the award, program in- come does not include the receipt of principal on loans, rebates, credits, dis- counts, etc., or interest earned on any of them. (y) Project costs means all allowable costs, as set forth in the applicable Federal cost principles, incurred by a recipient and the value of the contribu- tions made by third parties in accom- plishing the objectives of the award during the project period. (z) Project period means the period es- tablished in the award document dur- ing which Federal sponsorship begins and ends. (aa) Property means, unless otherwise stated, deal property, equipment, in- tangible property and debt instru- ments. OMB Circulars and Guidance (bb) Real property means land, includ- ing land improvements, structures and appurtenances .thereto, but excludes movable machinery and equipment. (cc) Recipient means an organization receiving financial assistance directly from Federal awarding agdnoies to carry out a project or program. The term includes public and private insti- tutions of higher education, public and private hospitals, and other quasi -pub- lic and private non-profit organizations such as, but not limited to, community action agencies, research institutes, educational associations, and health centers. The term may include com- mercial organizations, foreign or inter- national organizations (such as agen- cies of the United Nations) which are recipients, subrecipients, or contrac- tors or subcontractors of recipients or subrecipients at the discretion of the Federal awarding agency. The term does not include government-owned contractor -operated facilities or re- search centers providing continued support for mission -oriented, large- scale programs that are government- owned or controlled, or are designated as federally -funded research and devel- opment centers. (dd) Research and development means all research activities, both basic and applied, and all development activities that are supported at universities, col- leges, and other non-profit institu- tions. "Research" is defined as a sys- tematic study directed toward fuller scientific knowledge or understanding of the subject studied. "Development" is the systematic use of knowledge and understanding gained from research di- rected toward the production of usefu1. materials, devices, systems, or meth- ods, including design and development of prototypes and processes. The term research also includes activities in- volving the training of individuals in research techniques where such activi- ties utilize the same facilities as other research and development activities and where such activities are not in- cluded in the instruction function. (ee) Small awards means a grant or cooperative agreement not exceeding the small purchase threshold fixed at 41 U.S.C. 403(11) (currently $25,000). (ff) Subaward means an award of fi- nancial assistance in the form of 81 § 215.2 money, or property in lieu of money, made under an award by a recipient to an eligible subrecip'ient or by a sub - recipient to a lower tier subrecipient. The term includes financial assistance when provided by any legal agreement, even if the agreement is called a con- tract, but does not include procure- ment of goods and services nor does it include any form of assistance which is excluded from the definition of "award" in § 215.2(e). (gg) Subrecipient means the legal enti- ty to which a subaward is made and which is accountable to the recipient for the use of the funds provided. The term may include foreign or inter- national organizations (such as agen- cies of the United Nations) at the dis- oretion of the Federal awarding agen- cy. (hh) Supplies means all personal prop- erty excluding equipment, intangible property, and debt instruments as de- fined in this section, and inventions of a contractor conceived or first actually reduced to practice in the performance of work under a funding agreement ("subject inventions"), as defined in 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Govern- ment Grants, Contracts, and Coopera- tive Agreements." (ii) Suspension means an action by a Federal awarding agency that tempo- rarily withdraws Federal sponsorship under an award, pending corrective ac- tion by the recipient or pending a deci- sion to terminate the award by the Federal awarding agency. Suspension of an award is a separate action. from suspension under Federal agency regu- lations implementing E.O. 12549 (51 FR 6370, 3 CFR, 1986 Comp., p. 189) and E.O. 12689 (54 FR 34131, 3 CFR, 1989 Comp., p. 235), "Debarment and Suspension." (jj) Termination means the cancella- tion of Federal sponsorship, in whole or in part, under an agreement at any time prior to the date of completion. (kk) Third party in-kind contributions means the value of non-cash contribu- tions provided by non -Federal third parties. Third party in-kind contribu- tions may be in the form of real prop- erty, equipment, supplies and other ex- pendable property, and the value of goods and services directly benefiting § 215.3 and specifically identifiable to the project or program. (11) Unliquidated obligations, for finan- cial reports prepared on a cash basis, means the amount of obligations in- curred by the recipient that have not been paid. For reports prepared on an accrued expenditure basis, they rep- resent the amount of obligations in- curred by the recipient for which an outlay has not been recorded. (mm) Unobligated balance means the portion of the funds authorized by the Federal awarding agency that has not been obligated by the recipient and is determined by deducting the cumu- lative obligations from the cumulative funds authorized. (nn) Unrecovered indirect cost means the difference between the amount awarded and the amount which could have been awarded under the recipi- ent's approved negotiated indirect cost rate, (oo) Working capital advance means a procedure whereby funds are advanced to the recipient to cover its estimated disbursement needs for a given initial period. § 215.3 Effect on other issuances. For -awards subject to this part, all administrative requirements of codi- fied program regulations, program manuals, handbooks and other non - regulatory materials which are incon- sistent with the requirements of this part shall be superseded, except to the extent they are required by statute, or authorized in accordance with the devi- ations provision in §215.4, § 215.4 Deviations. The Office of Management and Budg- et (OMB) may grant exceptions for classes of grants or recipients subject to the requirements of this part when exceptions are not prohibited by stat- ute. However, in the interest of max- imum uniformity, exceptions from the requirements of this part shall be per- mitted only in unusual circumstances. Federal awarding agencies may apply more restrictive requirements to a class of recipients when approved by OMB. Federal awarding agencies may apply less restrictive requirements when awarding small awards, except for those requirements which are stat - 82 2 CFR Ch. II (1-1-12 Edition) utory. Exceptions on a case-by-case basis may also be made by Federal awarding agencies. § 215.5 Subawards. Unless sections of this part specifi- cally exclude subrecipients from cov- erage, the provisions of this part shall be applied to subrecipients performing work under awards if such subrecipi- ents are institutions of higher edu- cation, hospitals or other non-profit or-, ganizations. State and local govern- ment subrecipients are subject to the provisions of regulations implementing the grants management common rule, "Uniform Administrative Require- ments, for Grants and Cooperative Agreements to State and Local Gov- ernments," published at 7 CFR parts 3015 and 3016, 10 CFR part 600, 13 CFR part 143, 15 CFR part 24, 20 CFR part 437, 22 CFR part 135, 24 CFR parts 44, 85, 111, 511, 570, 571, 575, 590, 850, 882, 905, 941, 968, 970, and 990, 28 CFR part 66, 29 CFR parts 97 and 1470, 32 CFR part 278, 34 CFR parts 74 and 80, 36 CFR part 1207, 38 CFR part 43, 40 CFR parts 30, 31, and 33, 43 CFR part 12, 44 CFR part 13, 45 CFR parts 74, 92, 602, 1157, 1174, 1183, 1234, and 2015, and 49 CFR part 18. [69 FR 26281, May 11, 2004, as amended at 70 FR 51880, Aug. 3t, 20051 Subpart B -Pre -Award Requirements §215.10 Purpose. Sections 215.11 through 215.17 pre- scribe forms and instructions and other pre -award matters to be used in apply- ing for Federal awards. §215.11 Pre -award policies. (a) Use of Grants and Cooperative Agreements, and Contracts. In each in- stance, the Federal awarding agency shall decide on the appropriate award instrument (i.e., grant, cooperative agreement, or contract). The Federal Grant and Cooperative Agreement Act (31 U.S.C. 6301-08) governs the use of grants, cooperative agreements and contracts. A grant or cooperative agreement shall be used only when the principal purpose of a transaction is to accomplish a public purpose' of support or stimulation authorized by Federal OMB Circulars and Guidance statute. The statutory criterion for choosing between grants and coopera- tive agreements is that for the latter, "substantial involvement is expected between the executive agency and the State, local government, or other re- cipient when carrying out the activity contemplated in the agreement." Con- tracts shall be used when the principal purpose is acquisition of property or services for the direct benefit or use of 'the Federal Government. (b) Public Notice and Priority Set - .ting. Federal. awarding agencies shall notify the public of its intended fund- ing priorities for discretionary grant programs, unless funding priorities are established by Federal statute. §215.12 Forms for applying for Fed- , oral assistance. (a) Federal awarding agencies shall comply with the applicable report clearance requirements of 5 CFR part 1320, "Controlling Paperwork Burdens on the Public," with regard to all forms used by the Federal awarding agency in place of or as a supplement to the Standard Form 424 (SF -424) se- ries. (b) Applicants shall use the SF -424 series or those forms and instructions prescribed by the Federal awarding agency. (c) For Federal programs covered by E.O. 12372, "Intergovernmental Review of Federal Programs," (47 FR 30969, 3 CFR, 1982 Comp., p. 197) the applicant shall complete the appropriate sections of.the SF -424 (Application for Federal Assistance) indicating whether the ap- plication was subject to review by the State Single Point of Contact (SPOC). The name and address of the SPOC for a particular State can be obtained from the Federal awarding agency or the Catalog of Federal Domestic Assistance. The SPOC shall advise the Applicant whether the program for which applica- tion is made has been selected by that State for review. (d) Federal awarding agencies that do not use the SF -424 form should indi- cate whether the application is subject to review by the State under E.O. 12372. §215.13 Debarment and suspension. § 215.15 agency regulations implementing E.O.s 12549 and 12689, "Debarment and Sus- pension." Under those regulations, cer- tain parties who are debarred, sus- pended or otherwise excluded may not be participants or principals in Federal assistance awards and subawards, and in certain contracts under those awards and subawards. [70 FR 61879, Aug. 31, 2006] §215.14 Special award conditions. If an applicant or recipient: has a his- tory of poor performance, is not finan- cially stable, has a management sys- tem that does not meet the standards prescribed in this part, has not con- formed to the terms and conditions of a previous award, or is not otherwise responsible, Federal awarding agencies may impose additional requirements as needed, provided that such applicant or recipient is notified in writing 'as to: the nature of the additional require- ments, the reason why the additional requirements are being imposed, the nature of the corrective action needed, the time allowed for completing the corrective actions, and the method for requesting reconsideration of the addi- tional requirements imposed. Any spe- cial conditions shall be promptly re- moved once the conditions that prompted them have been corrected. §215. 15 Metric system of measure- ment. The Metric Conversion Act, as amended by the Omnibus Trade and Competitiveness Act (15 U.S.C. 205) de- clares that the metric system is the preferred measurement system for U.S. trade and commerce. The Act requires each Federal agency to establish a date or dates in consultation with the Sec- retary of Commerce, when the metric system of measurement will be used in the agency's procurements, grants, and other business-related activities. Met- ric implementation may take longer where the use of the system is initially impractical or likely to cause signifi- cant inefficiencies in the accomphsh- ment of federally -funded activities. Federal awarding agencies shall follow the provisions of E.O. 12770, "Metric Usage in Federal Government Pro - (56 FR 36801, 3 CFR, 1991 Comp., Federal awarding agencies and re- grams" cipients shall comply with Federal p. 343). 83 §215.16 §215.16 Resource Conservation and Recovery Act. Under the Act, any State agency or agency of a political subdivision of a State which is using appropriated Fed- eral funds. must comply with section 6002. Section 6002 requires that pref- erence be given in proourement pro- grams to the purchase of specific prod- ucts containing recycled materials identified in guidelines developed by the Environmental Protection Agency (EPA) (40 CFR parts 247-254). Accord- ingly, State and local institutions of higher education, hospitals, and non- profit organizations that receive direct Federal awards or other Federal funds shall give preference in their procure- ment programs funded with Federal funds to the purchase of recycled prod- ucts pursuant to the EPA guidelines. § 215.17 Certifications and representa- tions. Unless prohibited by statute or codi- fied regulation,_ each Federal awarding agency is authorized and encouraged to allow recipients to submit certifi- cations and representations required by statute, executive order, or regula- tion on an annual basis, if the recipi- ents have ongoing and continuing rela- tionships with the agency. Annual cer- tifications and representations shall be signed by responsible officials with the authority to ensure recipients' compli- ance with the pertinent requirements. Subpart C—Post Award Requirements FINANCIAL AND PAOGRAM MANAGEMENT § 215.20 Purpose of financial and pro- gram management. Sections 215.21 through 215.28 pre- scribe standards for financial manage- ment systems, methods for making payments and rules for: satisfying cost sharing and matching requirements, accounting for program income, budget revision approvals, making audits, de- termining allowability of cost, and es- tablishing fund availability. § 215.21 Standards for financial man- agement systems. (a) Federal awarding agencies shall require recipients to relate financial' 84 2 CFR Ch. II (1-1-12 Edition) data to performance data and develop unit cost information whenever prac- tical. (b) Recipients' financial management systems shall provide for the following. (1) Accurate, current and complete disclosure of the financial results of each federally -sponsored project or program in accordance with the report- ing requirements set forth in §215.62. If a Federal awarding agency requires re- porting on an accrual basis from a re- oipient that maintains its records on other than an accrual basis, the recipi- ent shall not be required to establish an accrual accounting system. These recipients may develop such accrual data for its reports on the basis of an analysis of the documentation on hand. (2) Records that identify adequately the source and application of funds for federally -sponsored activities. These records shall contain information per- taining to. Federal awards, authoriza- tions, obligations, unobligated bal- ances, assets, outlays, income and in- terest. (3) Effective control over and ac- countability for all funds, property and other assets. i Recipients shall ade- quately safeguard all such assets and assure they are used solely for author- ized purposes. (4) Comparison of outlays with budg- et amounts for each award, Whenever appropriate, financial information should be related_ to performance and unit cost data. (5) Written procedures to minimize the time elapsing between the transfer of funds to the recipient from the U.S. Treasury and the issuance or redemp- tion of checks, warrants or payments by other means for program purposes by the recipient. To the extent that the provisions of the Cash Management Im- provement Act (CMIA) (Pub. L. 101-453) govern, payment methods of State agencies, instrumentalities, and fiscal agents shall be consistent with CMIA Treasury -State Agreements or the OMIA default procedures codified at 31 CFR part 205, "Withdrawal of Cash from the Treasury for Advances under Federal Grant and Other Programs." (6) Written 'procedures for deter- mining the reasonableness, allocability and allowability of costs in accordance with the provisions of the applicable OMB Circulars and Guidance Federal cost principles and the terms and conditions of the award. (7) Accounting records including cost accounting records that are supported by source documentation. (c) Where the Federal Government guarantees or insures the repayment of money borrowed by the recipient, the Federal awarding agency, at its discre- tion, may • require . adequate bonding and insurance if the bonding and insur- ance requirements of the recipient are not deemed adequate to protect the in- terest of the Federal Government. (d) The Federal awarding agency may require adequate fidelity bond coverage where the recipient lacks sufficient coverage to protect the Federal Gov- ernment's interest. (e) Where bonds are required in the situations described above, the bonds shall be obtained from companies hold- ing certificates of authority as accept- able sureties, as prescribed in 31 CFR part 223, "Surety Companies Doing Business with the United States." § 215.22 Payment. (a) Payment methods shall minimize the time elapsing between the transfer of funds from the United States Treas- ury and the issuance or redemption of checks, warrants, or payment by other means by the recipients. Payment methods of .State agencies or instru- mentalities shall be consistent with Treasury -State CMIA agreements or default procedures codified at 31 CFR part 205. (b) Recipients are to be paid in ad- vance, provided they.maintain or dem- onstrate the willingness to maintain: (1) Written procedures that minimize the time elapsing between the transfer of funds and disbursement by the re- cipient, and , (2) Financial management systems that meet the standards for fund con- trol and accountability as established in §215.21. Cash advances to a recipient organization shall be limited to the minimum amounts needed and be timed to be in accordance with the ac- tual, immediate cash requirements of the recipient organization in carrying out the purpose of the approved pro- gram' or project. The timing and amount of cash advances shall be as close as is administratively feasible to 85 § 215.22 the actual disbursements by the recipi- ent organization for direct program or project costs and the proportionate share of any allowable indirect costs. (c) Whenever possible, advances shall be consolidated to cover anticipated cash needs for all awards made by the Federal awarding agency to the recipi- ent. (1) Advance payment mechanisms in- clude, but are not limited to, Treasury check and electronic funds transfer. (2) Advance payment mechanisms are subject to 31 CFR part 205. (3) Recipients shall be authorized to submit requests for advances and reim- bursements at least monthly when electronic fund'transfers are not used. (d) Requests for Treasury check ad- vance payment shall be submitted on SF -270, "Request for Advance or Reim- bursement," or other forms as may be authorized by OMB. This form is not to be used when Treasury check advance payments are made to the recipient automatically through the use of a•pre- determined payment schedule or if pre- cluded by special Federal awarding agency instructions for electronic funds transfer. (e) Reimbursement is the preferred method when the requirements in §215.12(b) cannot be met. Federal awarding agencies may also use this method on any construction agree- ment, or if the major portion of the construction project is accomplished through private market financing or Federal loans, and the Federal assist- anoe constitutes a minor portion of the project. (1) When the reimbursement method is used, the Federal awarding agency shall make payment within 30 days after receipt of the billing, unless the billing is improper. (2) Recipients shall be authorized to submit request for reimbursement at least monthly when electronic funds transfers are not used. (f) If a recipient cannot meet the cri- teria for advance payments and the Federal awarding agency has deter- mined that reimbursement is not fea- sible because the recipient lacks suffi- cient working capital, the Federal awarding agency may provide cash on a working capital advance basis. Under this procedure, the Federal awarding § 215.22 agency shall advance cash to the re- cipient to cover its estimated disburse- ment needs for an initial period gen- erally geared to the awardee's dis- bursing cycle. Thereafter, the Federal awarding agency shall reimburse the recipient for its actual cash disburse- ments. The working capital advance method of payment shall not be used for recipients unwilling or unable to provide timely advances to their sub - recipient to meet the subrecipient's ac- tual cash disbursements. (g) To the extent available, recipi- ents shall disburse funds available from repayments to and interest earned on a revolving fund, program income, re- bates, refunds, contract settlements, audit recoveries and interest earned on such funds before requesting additional cash payments. (h) Unless otherwise required by stat- ute, Federal awarding agencies shall not withhold payments for proper charges made by recipients at any time during the project period unless para- graphs (h)(1) or (2) of this section apply. (1) A recipient has failed to comply with the project objectives, the terms and conditions of the award, or Federal reporting requirements. (2) The recipient or subrecipient is delinquent in- a debt to the United States as defined in OMB Circular A- 129, "Managing Federal Credit Pro- grams." Under such conditions, the Federal awarding agency may, upon reasonable notice, inform the recipient that payments shall not be made for obligations incurred after a specified date until the conditions are corrected or the indebtedness to the Federal Gov- ernment is liquidated. (i) Standards governing the use of banks and other institutions as deposi- tories of funds advanced under awards are as follows. (1) Except for situations described in paragraph (1)(2) of this section, Federal awarding agencies shall not require separate depository accounts for funds provided to a recipient or establish any eligibility requirements for deposi- tories for funds provided to a recipient. However, recipients must be able to ac- count for the receipt, obligation and expenditure of funds. 86 2 CFR Ch. II (1-1-12 Edition) (2) Advances of Federal funds shall be deposited and maintained in insured accounts whenever possible. ,(j) Consistent with the national goal of expanding the opportunities for women -owned and minority-owned business enterprises, recipients shall be encouraged to use women -owned and minority-owned banks (a bank which is owned at least 50 percent by women or minority group members). (k) Recipients shall maintain ad- vances of Federal funds in interest bearing accounts, unless paragraphs (k)(1), (2) or (3) of this section apply. (1) The recipient receives less than $120,000 in Federal awards per year. (2) The best reasonably available in- terest bearing account would not be ex- pected to earn interest in excess of $250 per year on Federal cash balances. (3) The depository would require an average or minimum balance so high that it would not be feasible within the expected Federal and non -Federal cash resources. (1) 'For those entities where CMIA and its implementing regulations at 31 CFR part 205 do not apply, interest earned on Federal advances deposited in interest bearing accounts shall be remitted annually to Department of Health and Human Services, Payment Management System, Rockville, MD 20852. Interest amounts up to $250 per year may be retained by the recipient for administrative expense. State uni- versities and hospitals shall comply with CMIA, as it pertains to interest. If an entity subject to CMIA uses its own funds to pay pre -award costs for discre- tionary awards without prior written approval from the Federal awarding agency, it waives its right to recover the interest under CMIA. (m) Except as noted elsewhere in this part, only the following forms shall be authorized for the recipients in re- questing advances ' and reimburse- ments. Federal agencies shall not re- quire more than an original and two copies of these forms. (1) SF -270, Request for Advance or Reimbursement. Each Federal award- ing agency shall adopt the SF -270 as a standard form for all nonconstruction programs when electronic funds trans- fer or predetermined advance methods OMB Circulars and Guidance are not used. Federal awarding agen- cies, however, have the option of using this form for construction programs in lieu of the SF -271, "Outlay Report and Request for Reimbursement for Con- struction Programs." (2) SF -271, Outlay Report and Re- quest for Reimbursement for Construc- tion Programs. Each Federal awarding agency shall adopt the SF -271 as the standard form to be used for requesting reimbursement for construction pro- grams. However, a Federal awarding agency may substitute the SF -270 when the Federal awarding agency de- termines that it provides adequate in- formation to meet Federal needs. § 215.23 Cost sharing or matching. (a) All contributions, including cash and third party in-kind, shall be ac- cepted as part of the recipient's cost sharing or matching when such con- tributions meet all of the following cri- teria. (1) Are verifiable from the recipient's records. (2) Are not included as contributions for any other federally -assisted project or program. (3) Are necessary and reasonable for proper and efficient accomplishment of project or program objectives. (4) Are allowable under the apphoa- ble cost principles. (5) Are not paid by the Federal Gov- ernment under another award, except where authorized by Federal statute to be used for cost sharing or matching. (6) Are provided for in the approved budget when required by the Federal awarding agency. (7) Conform to other provisions of this part, as applicable. (b) Unrecovered indirect costs may be included as part of cost sharing or matching only with the prior approval of the Federal awarding agency. (c) Values for recipient contributions of services and property shall be estab- lished in accordance with the applica- ble cost principles. If a Federal award- ing agency authorizes recipients to do- nate buildings or land for construction/ facilities acquisition projects or long- term use, the value of the donated property for cost sharing or matching shall be the lesser of paragraphs (c)(1) or (2) of this section. 87 § 215.23 (1) The certified value of the remain- ing life of the property recorded in the recipient's accounting records at the time of donation. (2) The current fair market value. However, when there is sufficient jus- tification, the Federal awarding agen- cy may approve the use of the current fair market value of the donated prop- erty, even if it exceeds the certified value at the time of donation to the project. (d) Volunteer services furnished by professional and technical personnel, consultants, and other skilled and un- skilled labor may be counted as cost sharing or matching if the service is an integral and necessary part of an ap- proved project or program. Rates for volunteer services shall be consistent with those paid for similar work in the recipient's organization. In those in- stances in which the required skills are not found in the recipient organization, rates shall be consistent with those paid for similar work in the labor mar- ket in which the recipient competes for the kind of. services involved. In either case, paid fringe benefits that are rea- sonable, allowable, and allocable may be included in the valuation. (e) When au employer other than the recipient furnishes the services of an employee, these services shall be val- ued at the employee's regular rate of pay (plus an amount of fringe benefits that are reasonable, allowable, and al- locable, but exclusive of overhead costs), provided these services are in the same skill for which the employee is normally paid. (f) Donated supplies may include such items as expendable equipment, office supplies, laboratory supplies or Workshop and classroom supplies. Value assessed to donated supplies in- cluded in the cost sharing or matching share shall be reasonable and shall not exceed the fair market value of the property at the time of the donation. (g) The method used for determining cost sharing or matching for donated equipment, buildings and land for which title passes to the recipient may differ according to the purpose of the award, if paragraphs (g)(1) or (2) of this section apply. (1) If the purpose of the award is to assist the recipient in the acquisition § 215.24 2 CFR Ch. II (1-1-12 Edition) of equipment, buildings or land, the related to projects financed in whole or total value of the donated property in part with Federal funds. may be claimed as cost sharing or (b) Except as provided in paragraph matching. (h) of this section, program income (2) If the purpose of the award is to earned during the project period shall support activities that require the use be retained by the recipient and, in ac - of equipment, buildings or land, nor- cordance with Federal awarding agency mally only depreciation or use charges regulations or the terms and condi- for equipment and buildings may be tions of the award, shall be used in one made. However, the full value of equip- or more of the ways listed in the fol- ment or other capital assets and fair lowing. rental charges for land may be allowed, (1) Added to funds committed to the provided that the Federal awarding project by the Federal awarding agency . agency has approved the charges. and recipient and used to further eligi- (h) The value of donated property ble project or program objectives. shall be determined in accordance with , (2) Used to finance the non -Federal the usual accounting policies of the re- ' share of the project or program. cipient, with the following qualifica- (3) Deducted from the total project or tions. program allowable cost in determining (1) The value of donated land and the net allowable costs on which the buildings shall not exceed its fair mar- Federal share of costs is based. ket value at the time of donation to (c) When an agency authorizes the the recipient as established by an inde- disposition of program income as de- pendent appraiser (e.g., certified real scribed in paragraphs (b)(1) or (b)(2) of property appraiser or General Servicesis Administrat on represen a ve an sartion program innarn in excess of any limits stipulated shall be used i certified by a responsible official of the accordance with paragraph (b)(3) of recipient. this section. (2) The value of donated equipment (d) In the event that the Federal shall not exceed the fair market value awarding agency does not specify in its of equipment of the same age and con- regulations or the terms and condi- dition at the time of donation, tions of the award how program income (3) The value of donated space shall is to be used, paragraph (b)(3) of this not exceed the fair rental value of com- section shall apply automatically to parable space as established by an inde- all projects or programs except re - pendent appraisal of comparable space search. For awards that support re- and facilities in a privately -owned search, paragraph (b)(1) this section building in the same_locality, shall apply automatically unless the (4) The value of loaned equipment awarding agency indicates in the terms shall not exceed its fair rental value. and conditions another alternative on (5) The following requirements per- the award or the recipient is subject to tain to the recipient's supporting special award conditions, as indicated records for in-kind contributions from in § 215.14. third parties, (e) Unless Federal awarding agency (i) Volunteer services shall be docu- regulations or the terms and condi- mented and, to the extent feasible, sup- tions of the award provide otherwise, ported by the same methods used by recipients shall haveno obligation to the recipient for its own employees. the Federal Government regarding pro - (ii) The basis for determining the gram income earned after the end of valuation for personal service, mate- the project period. rial, equipment, buildings and land (f) If authorized by Federal awarding shall be documented. agency regulations or the terms and § 215.24 Program income, conditions of the award, costs incident to the generation of program income (a) Federal awarding agencies shall may be deducted from gross income to apply the standards set forth in this determine program income, provided section in requiring recipient organiza- these costs have not been charged to tions to account for program income the award. 88 OMB Circulars and Guidance (g) Proceeds from the sale of property shall be handled in accordance with the requirements of the Property Stand- ards (see §215,30 through §215.37). (h) Unless Federal awarding agency regulations or the terms and condition of the award provide otherwise, recipi- ents shall -have no obligation to the Federal Government with respect to program income earned from license fees and royalties for copyrighted ma- terial, patents, patent applications, trademarks, -and inventions produced under an award. However, Patent and Trademark Amendments (35 U.S.C. 18) apply to inventions made under an ex- perimental, developmental, or research award. §215.25 Revision of budget and pro- gram plans. (a) The budget plan is the financial expression of the project or program as approved during the award process. It may include either the Federal and, non -Federal share, or only the Federal share, depending upon Federal award- ing agency requirements. It shall be re- lated to performance for program eval- uation purposes whenever appropriate. (b) Recipients are required to report deviations from budget and program plans, and request prior approvals for budget and program plan revisions, in accordance with this section. (c) For nonconstruction awards, re- cipients shall request prior approvals -from Federal awarding agencies for one or more of the following program or budget related reasons. (1) Change in the scope or the objec- tive of the project or program (even if there is no associated budget revision requiring prior written approval). .(2) Change in a key person specified in the application or award document. (3) The absence for more than three months, or a 25 percent reduction in time devoted to 'the project, by the ap- proved project director or principal in- vestigator. (4) The need for additional Federal funding. (5) The transfer of amounts budgeted for indirect costs to absorb increases in direct costs, or vice versa, if approval is required by the Federal awarding agency. 89 § 215.25 (6) The inclusion, unless,waived by the Federal awarding agency, of costs that require prior approval in accord- ance with any of the following, as ap- plicable: (1) 2 CFR part 220, "Cost Principles for Educational Institutions (OMB Cir- cular A-21);" (11) 2 CFR part 230, "Cost Principles for Non -Profit Organizations (OMB Cir- cular A-122);" (iii) 45 CFR part 74, Appendix E, "Principles for Determining Costs Ap- plicable to Research and Development under Grants and Contracts with Hos- pitals;" and (iv) 48 CFR part 31, "Contract Cost Principles and Procedures." (7) The transfer of funds allotted for training allowances (direct payment to trainees) to other categories of ex- pense. (8) Unless described in the applica- tion and funded in the approved awards, the subaward, transfer or con- tracting out of any work under an award. This provision does not apply to the purchase of supplies, material, equipment or general support services. (d) No. other prior approval require- ments for specific items may be im- posed unless a deviation has been ap- proved by OMB. (e) Except for requirements listed in paragraphs (c)(1) and (c)(4) of this sec- tion, Federal awarding agencies are au- thorized, at their option, to waive cost - related and administrative prior writ- ten approvals required by 2 CFR parts 220 and 230 (OMB Circulars A-21 and A- 122). Such waivers may include author- izing recipients to do any one or more of the following. (1) Incur pre -award costs 90 calendar days prior to award or more than 90 calendar days with the prior approval of the Federal awarding agency. All pre -award costs are incurred at the re- cipient's risk (i.e., the Federal award- ing agency is under no obligation to re- imburse such costs if for any reason the recipient does not receive an award or if the award is less than anticipated and inadequate to cover such costs). (2) Initiate a one-time extension of the expiration date of the award of up to 12 months unless one or more of the following conditions apply. For one - § 215.26 time extensions, the recipient must no- tify the Federal awarding agency in writing with the supporting reasons and revised expiration date at least 10 days before the expiration date speci- fied in the award. This one-time exten- sion may not be exercised merely for the purpose of using unobligated bal- ances. (1) The terms and conditions of award prohibit the extension. (ii) The extension requires additional Federal funds. (iii) The extension involves any change in the approved objectives or scope of the project. (3) Carry forward unobligated bal- ances to subsequent funding periods. (4) For awards that support research, unless the Federal awarding agency provides otherwise in the award or in the agency's regulations, the prior ap- proval requirements described in this paragraph (e) are automatically waived (i.e., recipients need not obtain such prior approvals) unless one of the con- ditions included in paragraph (e)(2) ap- plies. (f) The Federal awarding agency may, at its option, restrict the transfer of funds among direct cost categories or programs, functions and activities for awards in which the Federal share of the project exceeds $100,000 and the cumulative amount of such transfers exceeds or is expected to exceed 10 per- cent of the total budget as last ap- proved by the Federal awarding agen- cy. No Federal awarding agency shall permit a transfer that would cause any Federal appropriation or part thereof to be used for,purposes other than those consistent with the original in- tent of the appropriation. (g) All other changes to nonconstruc- tion budgets, except for the changes de- scribed in paragraph (j) of this section, do not require prior approval. (h) For construction awards, recipi- ents shall request prior written ap- proval promptly from Federal awarding agencies for budget revisions whenever paragraphs (h)(1), (2) or (3) of this sec- tion apply. (1) The revision results from changes in the scope or the objective of the project or program. (2) The need arises for additional Federal funds to complete the project. .E 2 CFR Ch. II (1-1-12 Edition) (3) A revision is desired which in- volves specific costs for which prior written approval requirements may be imposed consistent with applicable OMB cost principles listed in § 216.27. (i) No other prior approval require- ments for specific items may be im- posed unless a deviation has been ap- proved by OMB. (j) When a Federal awarding agency makes an award that provides support for both construction and nonconstruc- tion work, the Federal awarding agen- cy may require the recipient to request prior approval from the Federal award- ing agency before making any fund or budget transfers between the two types of work supported. (k) For both construction and non - construction awards, Federal awarding agencies shall require recipients to no- tify the Federal awarding agency in writing promptly whenever the amount of Federal authorized funds is expected to exceed the needs of the recipient for the project period by more than $5000 or five percent of the Federal award, whichever is greater. This notification shall not be required if an application for additional funding is submitted for a continuation award. (1) When requesting approval for budget revisions, recipients shall use the budget forms that were used in the application unless the Federal award- ing agency indicates a letter of request suffices. (m) Within 30 calendar days from the date of receipt of the request for budg- et revisions, Federal awarding agencies, shall review the request and notify the recipient whether the budget revisions have been approved. If the revision is still under consideration at the end of 30 calendar days, the Federal awarding agency shall inform the recipient in writing of the date when the recipient may expect the decision. [69 FR 26281, May 11, 2004, as amended at 70 FR 51880, Aug. 31, 20051 § 215.26 Non -Federal audits. . (a) Recipients and subrecipients that are institutions of higher education or other non-profit organizations (includ- ing hospitals) shall be subject to the audit requirements contained in the Single Audit Act Amendments of 1996 (31 U.S.C. 7501-7507) and revised OMB OMB Circulars and Guidance § 215.29 Circular A-133, "Audits of States, visions of the Federal Acquisition Reg - Local Governments, and Non -Profit Or- ulation (FAR) at 48 CFR part 31. ganizations." (b) State and local governments shall be subject to the audit requirements contained in the Single Audit Act Amendments of 1996 (31 U.S.C. 7501- 7507) and revised OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations." (c) For-profit hospitals not covered by the audit provisions of revised OMB Circular A-133 shall be subject to the audit requirements of the Federal awarding agencies. (d) Commercial organizations shall be subject to the audit requirements of the Federal awarding agency or the prime recipient• as incorporated into the award document. , § 21527 Allowable costs. For each kind of recipient, there -is a set of Federal principles for deter- mining allowable costs. Allowability of costs shall be determined in accord- ance with the cost principles applicable to the entity incurring the costs. Thus, allowability of costs incurred by State, local or federally -recognized .Indian tribal governments is determined in accordance with the provisions of 2 CFR part 225, "Cost Principles for State, Local, and Indian Tribal Govern- ments (OMB Circular A-87." The allow- ability of costs incurred by non-profit organizations is determined in accord- ance with the provisions of 2 CFR part 230, "Cost Principles for Non -Profit Or- ganizations (OMB Circular A-122)." The allowability of costs incurred by insti- tutions of higher education is deter- mined in' accordance with the provi- sions of 2 CFR part 220, "Cost Prin- ciples for Educational Institutions (OMB Circular A-21)." The allowability of costs incurred by hospitals is deter- mined in accordance with the provi- sions of appendix E of 45 CFR part 74, "Principles for Determining Costs Ap- plicable to Research and Development Under Grants and Contracts with Hos- pitals.," The allowability of costs in- curred by commercial organizations and those non-profit organizations list- ed in Attachment C to Circular A-122 is determined in accordance with the pro - 91 [70 FR 51880, Aug. 31, 2005] §215.28 Period of availability of funds. Where a funding period is specified, a recipient may charge to the grant only allowable costs resulting from obliga- tions incurred during the funding pe- riod and any pre -award costs author- ized by the Federal awarding agency. § 215.29 Conditional exemptions. (a) OMB authorizes conditional ex- emption from OMB administrative re- quirements and cost principles circu- lars for certain Federal programs with statutorily -authorized consolidated planning and consolidated administra- tive funding, that are identified by a Federal agency and approved by the head of the Executive department or establishment. A Federal agency shall consult with OMB during its consider- ation of whether to grant such an ex- emption. (b) To promote efficiency in State and local program administration, when Federal non -entitlement pro- grams with common purposes have spe- cific statutorily -authorized consoli- dated planning and consolidated ad- ministrative funding and where most of the State agency's resources come from non -Federal sources, Federal agencies may exempt these covered State -administered, non -entitlement grant programs from certain OMB grants management requirements. The exemptions would be from: (1) The requirements in 2 CFR part 225, "Cost Principles for State, Local, and Indian Tribal Governments (OMB Circular A-87)" other than the allocability of costs provisions that are contained in subsection 0.3 of appendix A to that part; (2) The requirements in 2 CFR part 220, "Cost Principles for Educational Institutions (OMB Circular A-21)" other than the allocability of costs pro- visions that are contained in paragraph C,4 in section C of the appendix to that part; (3) The requirements in 2 CFR part 230, "Cost Principles for Non -Profit Or- ganizations (OMB Circular A-122)" § 215.30 other than the allocability of costs pro- visions that are in paragraph A.4 in section A of appendix A to that part; (4) The administrative requirements provisions of part 215 (OMB Circular A- 110, "Uniform Administrative Require- ments for Grants and Agreements with Institutions of Higher Education, Hos- pitals, .and Other Non -Profit Organiza- tions,"); and (5) The agencies' grants management common rule (see §215.5). (c) When a Federal agency provides this flexibility, as a prerequisite to a State's exercising this option, a State must adopt its own written fiscal and administrative requirements for ex- pending and accounting for all funds, which are consistent with the provi- sions of 2 CFR part 225, "Cost Prin- ciples for State, Local, and Indian Tribal Governments (OMB Circular A- 87)" and extend such policies to all sub - recipients. These fiscal and administra- tive requirements must be sufficiently specific to ensure that: funds are used in compliance with all applicable Fed- eral statutory and regulatory provi- sions, costs are reasonable and nec- essary for operating these programs, and funds are not be used for general expenses required to carry out other responsibilities of a State or its sub - recipients. [69 FR 26281, May 11, 2004, as amended at 70 FR 51881, Aug. 31, 2005] PROPERTY STANDARDS §215.30 Purpose of property stand- ards. Sections 215.31 through 215.37 set forth uniform standards governing management and disposition of prop- erty furnished by. the Federal Govern- ment whose cost was charged to a project supported by a Federal award. Federal awarding agencies shall re- quire recipients to observe these stand- ards under awards and shall not impose additional requirements, unless specifi- cally required by Federal statute. The recipient may use its own property management standards and procedures provided it observes the provisions of § 215.31. through § 215.37. 92 2 CFR Ch. If (1-1-12 Edition) §215.31 Insurance coverage. Recipients shall, at a minimum, pro- vide the equivalent insurance coverage for real property and equipment ac- quired with Federal funds as provided to property owned by the recipient. Federally -owned property need not be insured unless required by the terms and conditions of the award. §215.32 Real property. Each Federal awarding agency shall prescribe requirements for recipients concerning the use and disposition of real property acquired in whole or in part under awards. Unless otherwise provided by statute, such require- ments, at a minimum, shall contain the following. (a) Title to real property shall vest in the recipientsubject to the condition that the recipient shall use the real property for the authorized purpose of the project as long as it is needed and shall not encumber the property with- out approval of the Federal awarding agency. (b) The recipient shall obtain written approval by the Federal awarding agen- cy for the use of real property in other federally -sponsored projects when the recipient determines that the property is no longer needed for the purpose of the original project. Use in other projects shall be limited to those under federally -sponsored projects (i.e., awards) • or programs that have pur- poses consistent with those authorized for support by the Federal awarding agency. (c) When the real property is no longer needed as provided in para- graphs (a) and (b) of this section, the recipient shall request disposition in- structions from the Federal awarding agency or its successor Federal award- ing agenoy. The Federal awarding agency shall observe one or more of the following disposition instructions. (1) The recipient may be permitted to retain title without fuither obligation to the Federal Government after it compensates .the Federal Government for that percentage of the current fair market value of the property attrib- utable to the Federal participation in the project. OMB Circulars and Guidance (2) The recipient may be directed to sell the property under guidelines pro- vided by the Federal awarding agency and pay the Federal Government for that percentage of the current fair market value of the property attrib- utable to the Federal participation in the project (after deducting actual and reasonable selling and fix -up expenses, if any, from the sales proceeds). When the recipient is authorized or required to sell the property, proper sales proce- dures shall be established that provide for competition to the extent prac- ticable and result in. the highest pos- sible return. (3) The recipient may be directed to transfer title to the property to the Federal Government or to an eligible third party provided that, in such cases, the recipient shall be entitled to compensation for its attributable per- centage of the current fair market value of the property. § 216.33 Federally -owned and exempt property. (a) Federally -owned property. (1) Title to federally -owned property remains vested in the Federal Government. Re- cipients shall submit annually an in- ventory listing of federally -owned property in their custody to the Fed - .oral awarding agency. Upon completion of the award or when the property is no longer needed, the recipient shall re- port the property to the Federal award- ing agency for further Federal agency utilization. (2) If the Federal awarding agency has no further need for the property, it shall be declared excess and reported to the General Services Administration, unless the Federal awarding agency has statutory authority to dispose of the property by alternative methods (e.g:, the authority provided by the Federal Technology Transfer Act (15 U.S.C. 3710 (I)) to donate research equipment to educational and non-prof- it organizations in accordance with E.O. 12821, "Improving Mathematics and Science Education in Support of the National Education Goals" (67 FR 54285, 3 .CFR, 1992 Comp., p. 323)). Ap- propriate instructions shall be .issued to the recipient by the Federal award- ing agency. § 215.34 (b) Exempt property. When statutory authority exists, the Federal awarding agency lias the option to vest title to property acquired with Federal funds in the recipient without further obliga- tion to the Federal Government and under conditions the Federal awarding agency considers appropriatet Such property is "exempt property." Should EL Federal awarding agency not estab- lish conditions, title to exempt prop- erty upon acquisition shall vest in the recipient without further obligation to the Federal Government. § 215.34 Equipment. (a) Title to equipment acquired by a recipient with Federal funds shall vest in the recipient, subject to conditions of this section. (b) The recipient shall not use equip- ment acquired with Federal funds to provide services to non -Federal outside organizations for a fee that is less than private companies charge for equiva- lent services, unless specifically au- thorized by Federal statute, for as long as the Federal Government retains an interest in the equipment. (c) The recipient shall use the equip- ment in the project or program for which it was acquired as long as need- ed, whether or not the project or pro- gram continues to be supported by Fed- eral funds and shall not encumber the property without approval of the Fed- eral awarding agency. When no longer needed for the original project or pro- gram, the recipient shall use the equip- ment in connection with its other fed- erally -sponsored activities, in the fol- lowing order of priority: (1) Activities sponsored by the Fed- eral awarding agency which funded the original project, then (2) Activities sponsored by other Fed- eral awarding agencies. (d) During the time that equipment is used on the project or program for which it was acquired, the recipient shall make it available for use on other projects or programs if such other use will not interfere with the work on the project or program for which the equip- ment was originally acquired. First preference for such other use shall be given to other projects or programs sponsored by the Federal awarding agency that financed the equipment; § 215.34 second preference shall be given to projects or programs sponsored by other Federal awarding agencies. If the equipment, is owned by the Federal Government, use on other activities not sponsored by,the Federal Govern- ment shall be permissible if authorized by the Federal awarding agency. User charges shall be treated as program in- come. (e) When acquiring replacement equipment, the, recipient may use the equipment to be replaced as trade-in or sell the equipment and use the pro- ceeds to offset the costs of the replace- ment equipment' subject to the ap- proval of the Federal awarding agency. (f) The recipient's property manage- ment standards for equipment acquired with Federal funds and federally -owned equipment shall include all of the fol- lowing: (1) Equipment records shall be main- tained accurately and shall include the following information. (i) A description of the equipment. (ii) Manufacturer's serial number, model number, Federal stock number, national stock number, or other identi- fication number. (iii) Source of the equipment, includ- ing the award number. (iv) Whether title vests ,in the recipi- ent or the Federal Government. (v) Acquisition date (or date re- ceived, if the equipment was furnished by the Federal Government) and cost. (vi) Information from which one can calculate the percentage of Federal participation in the cost of the equip- ment (not applicable to equipment fur- nished by the Federal Government). (vii) Location and condition of the equipment and the date the informa= tion was reported. (viii) Unit acquisition cost. (ix) Ultimate disposition data, in- cluding date of disposal and sales price or the method used to determine cur- rent fair market value where a recipi- ent compensates the Federal awarding agency for its share. (2) Equipment owned by the Federal Government shall be identified to indi- cate Federal ownership. (3) A physical inventory of equipment shall be taken and the results rec- onciled with the equipment records at least once every two years. Any dif- 94 2 CFR Ch. II (1-1-12 Edition) ferences between quantities deter- mined by the physical inspection and those shown in the accounting records shall be investigated to determine the causes of the difference. The recipient shall, in connection with the inven- tory, verify the existence, current uti- lization, and continued need for the equipment. (4) A control system shall be in effect to insure adequate safeguards to pre- vent loss, damage, or theft of the equipment. Any loss, damage, or theft of equipment shall be investigated and fully documented; if the equipment was owned by the Federal Government, the recipient shall promptly notify the Federal awarding agency. (5) Adequate maintenance procedures shall be implemented to keep the equipment in good condition. (6) Where the recipient is authorized or required to sell the equipment, prop- er sales procedures shall be established which provide for competition to the extent practicable and result in the highest possible return. (g) When the recipient no longer needs the equipment, the equipment may be used for other activities in ac- cordance with the following standards. For equipment with a current, per unit fair market value of $5000 or more, the recipient may retain the. equipment for other uses provided that compensation is made to the original Federal award- ing agency or its successor. The amount of compensation shall be com- puted by applying the percentage of Federal participation in the cost of the original project or program to the cur- rent fair market value of the equip- ment. If the recipient has no need for the equipment, the recipient shall re- quest disposition instructions from the Federal awarding agency. The Federal awarding agency shall determine whether the equipment can be used to meet the agency's requirements. If no requirement exists within that agency, the availability of the equipment shall be reported to the General Services Ad- ministration by the Federal awarding agency to determine whether a require- ment for the equipment exists in other Federal agencies. The Federal award- ing agency shall issue instructions to the recipient no later than 120 calendar OMB Circulars and Guidance days after the recipient's request and the following procedures shall govern. (1) If so instructed or if disposition instructions are not issued within 120 calendar days after the recipient's re- quest, the recipient shall sell the equipment and reimburse the Federal awarding agency an amount computed by applying to the sales proceeds the percentage of Federal participation in the cost of the original project or pro- gram. however, the recipient shall be permitted to deduct and retain from the Federal share $500 or ten percent of the proceeds, whichever is less, for the recipient's selling and handling ex- penses. (2) If the recipient is instructed to ship the equipment elsewhere, the re- cipient shall be reimbursed by the Fed- eral Government by an amount which is computed by applying the percent- age of the recipient's participation in the cost of the original project or pro- gram to the current fair market value of the equipment, plus any reasonable shipping or interim storage costs in- curred. (3) If the recipient is instructed to otherwise dispose of the equipment, the recipient shall be reimbursed by the Federal awarding agency for such costs incurred in its disposition. (4) The Federal awarding agency may reserve the right to transfer the title .to the Federal Government or to a third party named by the Federal Gov- ernment when such third party is oth- erwise eligible under existing statutes. Such transfer shall be subject to the following standards. (i) The equipment shall be appro- priately identified in the award or oth- erwise made known to the recipient in writing. (ii) The Federal awarding agency shall issue disposition instructions within 120 calendar days after receipt of a final inventory. The final inven- tory shall list all equipment acquired with grant funds and federally -owned equipment. If the Federal awarding agency fails to issue disposition in- structions within the 120 calendar day period, the recipient shall apply the .standards of this section, as appro- priate. (iii) when the Federal awarding agency exercises its right to take title, 95 § 215.36 the equipment shall be subject to the provisions for federally -owned equip- ment. §215.35 Supplies and other expend- able property. (a) Title to supplies and other ex- pendable property shall vest in the re- cipient upon acquisition. If there is a residual inventory of unused supplies exceeding $5000 in total aggregate value upon termination or completion of the project or program and the sup- plies are not needed for any other fed- erally -sponsored project or program, the recipient shall retain the supplies for use on non -Federal sponsored ac- tivities or sell them, but shall, in ei- ther case, compensate the Federal Gov- ernment for its share. The amount of compensation shall be computed in the same manner as for equipment. (b) The recipient shall not use sup- plies acquired with Federal funds to provide services to non -Federal outside organizations for a fee that is less than private companies charge for equiva,- lent services, unless specifically au- thorized by Federal statute as long as the Federal Government retains an in- terest in the supplies. § 215.36 Intangible property. (a) The recipient may copyright any work that is subject to copyright and was developed, or for which ownership was purchased, under an award. The Federal awarding agency(ies) reserve a royalty -free, nonexclusive and irrev- ocable right to reproduce, publish, or otherwise use the work for Federal pur- poses, and to authorize others to do so. (b) Recipients are subject to applica- ble regulations governing patents and inventions, including government -wide regulations issued by the Department of Commerce at' 37 CFR part 401, "Rights to Inventions Made by Non- profit Organizations and Small Busi- ness Firms Under Government Grants, Contracts and Cooperative Agree- ments." (c) The Federal Government has the right to: (1) Obtain, reproduce, publish or oth- erwise use the data first produced under an award. § 215.37 (2) Authorize others to receive, repro- duce, publish, or otherwise use such data for Federal purposes. (d) (1) In addition, in response to a Freedom of Information Act (FOIA) re- quest for research data relating to pub- lished research findings produced under, an award that was used by the Federal Government in developing an agency action that has the force and effect of law, the Federal awarding agency shall request, and the recipient shall pro- vide, within a reasonable time, the re- search data so that they can be made available to the public through the pro- cedures established under the FOIA. If the Federal awarding agency obtains the research data solely in response to a FOIA request, the agency may charge the requester a reasonable fee equaling the full incremental cost of obtaining the research data. This fee should re- - --...__ .. ...._..._. flect costs incurred.�by the agency, the_ recipient, and the applicable subrecipi- ents. This fee is in addition to any fees the agency may assess under the FOIA (5 U.S.C. 552(a)(4)(A)). (2) The' following definitions apply for purposes of paragraph (d) of this section: (i) Research data is defined as the re- corded factual material commonly ac- cepted in the scientific community as necessary to validate research findings, but not any ,of the following: Prelimi- nary analyses, drafts of scientific pa- pers, plans for future research, peer re- views, or communications with col- leagues. This "recorded" material ex- cludes physical objects (e.g., laboratory samples). Research data also do not in- clude: (A) Trade secrets, commercial infor- mation, materials necessary to be held confidential by a researcher until they are published, or similar information which is protected under law; and (B) Personnel and medical informa- tion and similar information the dis- closure of which would constitute a clearly unwarranted invasion of per- sonal privacy, such as information that could be used to identify a particular person in a research study. (ii) Published is defined as either when: .(A) Research findings are published in a peer-reviewed scientific or tech- nical journal; or 96 2 CFR Ch. H (1-1-12 Edition) (B) A Federal agency publicly and of- ficially cites the research findings in support of an agency action that has the force and effect of law. (iii) Used by the Federal Government in developing an agency action that has the force and effect of law is de- fined as when an agency publicly and officially cites the research findings in support of an agency action that has the force and effect of law. (e) Title to intangible property and debt instruments acquired under an award or subaward vests upon acquisi- tion in the recipient- The recipient shall use that property for the origi- nally -authorized purpose, and the re- cipient shall not encumber the prop- erty without approval of the Federal awarding agency. When no longer need- ed for the originally authorized pur- pose;-dispvsitivn of-the-intangibl-e-prop— arty shall occur in accordance with the provisions of § 215.34(g). [69 FR 26281, May 11, 2004, as amended at 70 FR 51881, Aug. 31, 2005] §215.37 Property trust relationship. Real property, equipment, intangible property and debt instruments that are acquired or improved with Federal funds shall be held, in trust by the re- cipient as trustee for the beneficiaries of the project or program under which the property was acquired or improved. Agencies may require. recipients to record liens or other appropriate no- tices of record to indicate that per- sonal or real property has been ac- quired or improved with Federal funds and that use and disposition conditions apply to the property. PROCUREMENT STANDARDS § 215.40 Purpose . of procurement standards. Sections 215.41 through 215.48 set forth standards for use by recipients in establishing procedures for the pro- ourement of supplies and other expend- able property, equipment, real property and other services with Federal funds. These standards are furnished to en- sure that such materials and services are obtained in an effective manner and in compliance with the provisions OMB Circulars and Guidance of applicable Federal statutes and ex- eoutive orders. No additional procure- ment standards or requirements shall be imposed by the Federal awarding agencies upon recipients, unless spe- cifically required by Federal statute or executive order or approved by OMB. § 216.41 Recipient responsibilities. The standards contained in this sec- tion do not relieve the recipient of the contractual responsibilities arising under its contract(s). The recipient is the -responsible authority, without re- course to the Federal awarding agency, regarding the settlement and satisfac- tion of all contractual and administra- tive issues arising out of procurements entered into in support of an award or other agreement. This includes dis- putes, claims, protests of award, source evaluation or other matters of a con- tractual nature. Matters concerning violation of statute are to be referred to -such Federal, State or local author- ity as may have proper jurisdiction. § 216.42 Codes of conduct. The recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by Federal funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an orga- nization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the recipient shall neither solicit nor ac- cept gratuities, favors., or anything of monetary value from contractors, or parties to subagreements. however, re- cipients may set standards for situa- tions in which the financial interest is not substantial or, the gift is an unso- licited item of nominal value. , The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by offi- cers, employees, or agents of the re- cipient. 97 § 215.44 §216.43, Competition. All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. The recipient shall be alert to organizational con- flicts of interest as well as noncompeti- tive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to' ensure objective contractor perform- ance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the recipient, price, quality and other factors consid- ered. Solicitations shall clearly set forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the re- cipient. Any and all bids or offers may be rejected when it is in the recipient's interest to do so. §216.44 Procurement procedures. (a) All recipients shall establish writ- ten procurement procedures. These procedures shall provide for, at a min- imum, that paragraphs (a)(1), (2) and (3) of this section apply. (1) Recipients avoid purchasing un- necessary items. (2) Where appropriate, an analysis is made of lease and purchase alter- natives to determine which would be the most economical and practical pro- curement for the Federal Government. (3) Solicitations for goods and serv- ices provide for all of the following. (1) A clear and accurate description of the technical requirements for the material, product or service to be pro- cured. In competitive procurements, such a description shall not contain features 'which unduly restrict com- petition. (ii) Requirements which the bidder/ offeror must fulfill and all other fac- tors to be used in evaluating bids or proposals. (iii) A description, whenever prac- tioable, of technical requirements in terms of functions to be performed or § 215.45 performance required, including the range of acceptable characteristics or minimum acceptable standards. (iv) The specific features of "brand name or equal" descriptions that bid- ders are required to meet when such items are included in the solicitation. (v) The acceptance, to the extent practicable and economically feasible, of products and services dimensioned in the metric system of measurement. (vi) Preference, to the extent prac- ticable and economically feasible, for products and services thdt conserve natural resources and protect the envi- ronment and are energy efficient. (b) Positive efforts shall be made by recipients to utilize small businesses, minority-owned firms, and women's business enterprises, whenever pos- sible. Recipients of Federal awards shall take all of the following steps to further this goal. (1) Ensure that small businesses, mi- nority-owned firms, and women's busi- ness enterprises are used to the fullest extent practicable. (2) Make information on forthcoming opportunities available and arrange time frames .for purchases and con- tracts to encourage and facilitate par- ticipation by small businesses, minor-, ity-owned firms, and women's business enterprises. (3) Consider in the contract process whether firms competing for larger contracts intend to subcontract with small businesses, minority-owned firms, and women's business enter- prises. (4) Encourage contracting with con- sortiums of small businesses, minority- owned firms and women's business en- terprises when a contact is too large for one of these firms to handle individ- ually. (5) Use the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Department of Commerce's Minor- ity Business Development Agency in the solicitation and utilization of small businesses, minority-owned firms and women's business enterprises. (c) The type of procuring instruments used (e.g„ fixed price contracts, cost re- imbursable contracts, purchase orders, and incentive contracts) shall be deter- mined by the recipient but shall be ap- 98 2 CFR Ch. II (1-1-12 Edition) propriate for the particular procure- ment and for promoting the best inter- est of the program or project involved. The "cost -plus -a -percentage -of -cost" or "percentage of construction cost" methods of contracting shall not be used. (d) Contracts shall be made only with responsible contractors who possess the potential ability to perform suc- cessfully under the terms and condi- tions of the proposed procurement. Consideration shall be given. to such matters as contractor integrity, record of past performance, financial and technical resources or accessibility to other necessary resources. In certain circumstances, contracts with certain, parties are restricted by agencies' im- plementation of E.O.s 12549 and 12689, "Debarment and Suspension." (e) Recipients shall, on request, make available for the .Federal awarding agency, pre -award review and procure- ment documents, such as request for proposals or invitations for bids, inde- pendent cost estimates, etc., when any of the following conditions apply. (1) A recipient's procurement proce- dures or operation fails to comply with the procurement standards in the Fed- eral awarding agency's implementation of this part. , (2) The .procurement is expected to exceed the small purchase threshold fixed at 41 U.S.C. 403 (11) (currently $25,000) and is to be awarded without competition or only. one bid or offdr is received in response to a solicitation. (3) The procurement, which is ex- pected to exceed the small purchase threshold, specifies a "brand name" product. (4) The proposed award over the small purchase threshold is to be awarded to other than the apparent low bidder under a sealed bid procure- ment. (5) A proposed contract modification changes the scope of a contract or in- creases the contract amount by more than the amount of the small purchase threshold. §215.45 Cost and price analysis. Some form of cost or price analysis shall be made and documented in the procurement files in connection with OMB Circulars and Guidance every proourement action. Price anal- ysis may be accomplished in various ways, including the comparison of price quotations submitted, market prices and similar indicia, together with discounts. Cost analysis is the re- view and evaluation of each element of cost to determine reasonableness, allocability and allowability. § 215.46 Procurement records. Procurement records and files for purchases in excess of the small pur- chase threshold shall include the fol- lowing at a minimum: (a) Basis for contractor selection; (b) Justification for lack of competi- tion when competitive bids or offers are not obtained; and (c) Basis for award cost or price. § 215.47 Contract administration. A system for contract administration shall be maintained to ensure con- tractor conformance with the terms, conditions and specifications of the contract and to ensure adequate and timely follow up of all purchases. Re- cipients shall evaluate contractor per- formance and document, as appro- priate, whether contractors have met the terms, conditions and specifica- tions of the contract. § 215.48 Contract provisions. The recipient shall include, in addi- tion to provisions to define a sound and complete agreement, the following pro- visions in all contracts. The following provisions shall also be applied to sub- contracts. (a) Contracts in excess of the small purchase threshold shall contain con- tractual provisions or conditions that allow for administrative, contractual, or legal remedies in instances in which a contractor violates or breaches the contract terms, and provide for such remedial actions as may be appro- priate, (b) All contracts in excess of the small purchase threshold shall contain suitable provisions for termination by the recipient, including the manner by which termination shall be effected and the basis for settlement. In addi- tion, such contracts shall describe con- ditions under which the contract may be terminated for default as well as N § 215.,48 conditions where the contract may be terminated because of circumstances beyond the control of the contractor. (c) Except as otherwise required by statute, an, award that requires the contracting (or subcontracting) for construction or facility improvements shall provide for the recipient to follow its own requirements relating to bid guarantees, performance bonds, and payment bonds unless the construction contract or subcontract exceeds $100,000. For those contracts or sub- contracts exceeding $100,000, the Fed- eral awarding agency may accept the bonding policy and requirements of the recipient, provided the Federal award- ing agency has made a determination that the Federal Government's interest is adequately protected. If such a de- termination has not been made, the minimum requirements shall be as fol- lows. (1) A bid guarantee from each bidder equivalent to five percent of the bid price. The "bid guarantee" shall con- sist of a firm commitment such as a bid bond, certified check, or other ne- gotiable instrument accompanying a bid as assurance that the bidder shall, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. (2) A performance bond on the part of the contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. (3) A payment bond on the part of the contractor for 100 percent of the con- traot price. A "payment bond" is one executed in connection with 'a contract to assure payment as required by stat- ute of all persons supplying labor and material in the execution of the work provided for in the contract. (4) where bonds are required in the situations described herein, the bonds shall be obtained from companies hold- ing certificates of authority as accept- able sureties pursuant to 31 CFR part 223, "Surety Companies Doing Business with the United States." (d) All negotiated contracts (except those for less than the small purchase threshold) awarded by recipients shall include a provision to the effect that § 215.50 the recipient, the Federal awarding agency, the Comptroller General of the United States, or any of their duly au- thorized representatives, shall have ac- cess to any books, documents, papers and records of the contractor which are directly pertinent to a specific pro- gram for the purpose of making audits, examinations, excerpts and tran- scriptions. (e) All contracts, including small purchases, awarded by recipients and their contractors shall contain the pro- curement provisions of -appendix A to this part, as applicable. REPORTS AND RECORDS §215.50 Purpose of reports and records. Sections 215.51 through 215.53 set forth the procedures for monitoring and reporting on the recipient's finan- cial and program performance and the necessary standard reporting forms. They also set forth record retention re- quirements. § 215.51 Monitoring and reporting pro- gram performance. (a) Recipients are responsible for managing and monitoring each project, program, subaward, function or activ- ity supported by the award. Recipients shall monitor subawards to ensure sub - recipients have met the audit require- ments as delineated in § 215.26. (b) The Federal awarding agency shall prescribe the frequency with which the performance reports shall be submitted. Except as provided in §215.51(f), performance reports shall, not be required more frequently than quarterly or, less frequently than an- nually. Annual reports shall be due 90 calendar days after the grant year; quarterly or semi-annual reports shall be due 30 days after the reporting pe- riod. The Federal awarding agency may require annual reports before the anni- versary dates of multiple year awards in lieu of these requirements. The final performance reports are due 90 cal- endar days after the expiration or ter- mination of the award. (c) If inappropriate, a final technical or performance report shall not be re- quired after completion of the project. 2 CFR Ch. II (1-1-12 Edition) (d) When required, performance re- ports shall generally contain, for each award, brief information on each of the following. (1) A comparison of actual accom- plishments with the goals and objec- tives established for the period, the findings of the investigator, or both. Whenever appropriate and the output of programs or projects can be readily quantified, such quantitative data should be. related to cost data for com- putation of unit costs. (2) Reasons why established goals were not met, if appropriate. (3) Other pertinent information in- cluding, when appropriate, analysis and explanation of cost overruns or high unit costs. (e) Recipients shall not be required to submit more than the original and two copies of performance reports. (f) Recipients shall immediately no- tify the Federal awarding agency of de- velopments that have a significant im- pact on the award -supported activities. Also, notification shall be given in the case of problems, delays, or adverse conditions which materially impair the ability to meet the objectives of the award. This notification shall include a statement of the action taken or con- templated, and any assistance needed to resolve the situation. (g) Federal awarding agencies may make site visits, as needed. (h) Federal awarding agencies shall comply with clearance requirements of 5 CFR part 1320 when requesting, per- formance data from recipients. §215.52 Financial reporting. (a) The following forms or such other forms as may be approved by OMB are authorized for obtaining financial in- formation from recipients. (1) SF -269 or SF -269A, Financial Sta- tus Report. (i) Each Federal awarding agency shall require recipients to use the SF - 269 or 5F -269A to report the status of funds for all nonooiistructfon projects or programs. A Federal awarding agen- cy may, however, have the option of not requiring the SF -269 or SF -269A when the SF -270, Request for Advance or Reimbursement, or SF -272, Report of Federal Cash Transactions, is deter- mined to provide adequate information 100 OMB Circulars and Guidance to meet its needs, except that' a final SF -269 or SF -269A shall be required at the completion of the project when the SF -270 is used only for advances. (ii) The Federal awarding agency shall prescribe whether the report shall be on a cash or accrual basis. If the Federal awarding agency requires ac- crual information and the recipient's accounting records are not normally kept on the accrual basis, the recipient shall not be required to convert its ac- counting system, but shall develop such accrual information through best estimates based on an analysis of the documentation on hand. (iii) The Federal awarding agency shall determine the frequency of the Financial Status Report for each project or program, considering the size and complexity of the particular project or program. However, the re- port shall not be required more fre- quently than quarterly or less fre- quently than annually. A final report shall be required at the completion of the agreement. (iv) The Federal awarding agency shall require recipients to submit the SF -269 or SF -269A (an original and no more than two copies) no later than 30 days after the end of each specified re- porting period for quarterly and semi- annual reports, and 90 calendar days for annual and final reports. Exten- sions of reporting due dates may be ap- proved by the Federal awarding agency upon request of the recipient. (2) SF -272, Report of Federal Cash Transactions. (i) When funds are advanced to re- cipients the Federal awarding agency shall require each recipient to submit the SF -272 and, when necessary, its continuation- sheet, SF -272a. The Fed- eral awarding agency shall use this re- port to monitor cash advanced to re- cipients and to obtain disbursement in- formation for each agreement with the recipients. (ii) Federal awarding agencies may require forecasts of Federal cash re- quirements in the "Remarks" section of the report. (iii) When practical and deemed nec- essary, Federal awarding agencies may require recipients to report in the "Remarks" section the amount of cash advances received in excess of three § 215.52 days. Recipients shall provide -short narrative explanations of actions taken to reduce the excess balances. (iv) Recipients shall be required to submit not more than the original and two copies of the SF -272 15 calendar days following the end of each quarter. The Federal awarding agencies may re- quire a monthly report from those re- cipients receiving advances totaling $1 million or more per year. (v) Federal awarding agencies may waive the requirement for submission of the SF -272 for any one of the fol- lowing reasons: (A) When monthly advances do not exceed $25,000 per recipient, provided that such advances are monitored through other forms contained in this section; (B) If, in the Federal awarding agen- cy's opinion, the recipient's accounting controls are adequate to minimize ex- cessive Federal advances; or, (C) When the electronic payment mechanisms provide adequate data. (b) When the Federal awarding agen- cy needs additional information or more frequent reports, the following shall be observed. (1) When additional information is needed to comply with legislative re- quirements, Federal awarding agencies shall issue instructions to require re- cipients to submit such information• under the "Remarks" section of the re- ports. (2) When a Federal awarding agency determines that a recipient's account- ing system does not meet the standards in §215.21, additional pertinent infor- mation to further monitor awards may be obtained upon written notice to the recipient until such time as the system is brought up to standard. The Federal awarding agency, in obtaining this in- formation, shall comply with report clearance requirements of 5 CFR part 1320. (3) Federal awarding agencies are en- couraged to shade out any line item on any report if not necessary.. (4) Federal awarding agencies may accept the identical information from the recipients in machine readable for- mat or computer printouts or elec- tronic outputs in lieu of prescribed for- mats. 101 § 215.53 (5) Federal awarding agencies may provide computer or electronic outputs to recipients when such expedites or contributes to the accuracy of report- ing. §215.53 Retention and access require- ments •for records. (a) This section sets forth require- ments for record retention and access to records for awards to recipients. Federal awarding agencies shall not impose any other record retention or access requirements upon recipients. (b) Financial records, supporting doc- uments, statistical records, and all other records pertinent to an award shall be retained for a period of three years from the date of submission of the final expenditure report or, for awards that are renewed quarterly or annually, from the date of the submis- sion of the quarterly or annual finan- cial report, as authorized by the Fed- eral awarding agency. The only excep- tions are the following. (1) If any litigation, claim, or audit is started before the expiration of the 3 - year period, the records shall be re- tained until all litigation, claims or audit findings involving the records have been resolved and final action taken. (2) Records for real property and equipment acquired with Federal funds shall be retained for 3 years after final disposition. (3) When records are transferred to or maintained by the Federal awarding agency, the 3 -year retention require- ment is not applicable to the recipient. . (4) Indirect cost rate proposals, cost allocations plans, etc. as specified in § 215.53(g). (c) Copies of original records may be substituted for the original records if authorized by the Federal awarding agency. (d) The Federal awarding agency shall request transfer of certain records to its custody from recipients when it determines that the records possess long term retention value. However, in order to avoid duplicate recordkeeping, a Federal awarding agency may make arrangements for re- cipients to retain any records that are continuously needed for joint use. 2 CFR Ch. II (1-1-12 Edition) (e) The Federal awarding agency, the Inspector General, Comptroller Gen- eral of the United States, or any of their duly authorized representatives, have the right of timely and im e- stricted access to any books, docu- ments, papers, or other records of re- cipients that are pertinent to the awards, in order to make audits, ex- aminations, excerpts, transcripts and copies of such documents. This right also includes timely and reasonable ac- cess to a recipient's personnel for the purpose of interview and discussion re- lated to such documents. The rights of access in this paragraph are.not lim- ited to the required retention period, but shall last as long as records are re- tained. (f) Unless required by statute, no Federal awarding agency ' shall place restrictions on recipients that limit public access to the records of recipi- ents that are pertinent to an award, ex- cept when the Federal awarding agency can demonstrate that such records shall be kept confidential and would have been exempted from disclosure pursuant to the Freedom of Informa- tion Act (5 'U.S.C. 552) if the records had belonged to the Federal awarding agency. (g) Indirect cost rate proposals, cost al- locations plans, etc. Paragraphs (g)(1) and (g)(2) of this section apply to the following types of documents, and their supporting records: indirect cost rate computations or proposals, cost alloca- tion plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). (1) If submitted for negotiation. If the recipient submits to the Federal awarding agency or the subrecipient submits to the recipient the proposal, plan, or other computation to form the basis for negotiation of the rate, then the 3 -year retention period for its sup- porting records starts on the date of such submission. (2) If not submitted for negotiation. If the recipient is not required to submit to the Federal awarding agency or the subrecipient is not required to submit to the recipient the proposal, plan, or 102 OMB Circulars and Guidance . other computation for negotiation pur- poses, then the 3 -year retention period for the proposal, plan, or `other com- putation and its supporting records starts at the end of the fiscal year (or other accounting period) covered by the proposal, plan, or other computa- tion. TERMINATION AND ENFORCEMENT §215.60 Purpose of termination and enforcement. Sections 215.61 and 215.62 set forth uniform suspension, termination and enforcement procedures. § 215.61 Termination. (a) Awards may be terminated in whole or in part only if paragraphs (a)(1), (2) or (3) of this section apply. (1) By the Federal awarding agency, if a recipient materially fails to COU1 ply with the terms and conditions of an award. (2) By the Federal awarding agency with the consent of the recipient, in which case the two parties shall agree upon the termination conditions, in- cluding the effective date and, in the case of partial termination, the portion to be terminated. (3) By the recipient upon sending to the Federal awarding agency written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termi- nation, the portion to be terminated. However, if the Federal awarding agen- cy determines in the case of partial termination that the reduced or modi- fied portion of the grant will not ac- complish the purposes for which the grant was made, it may terminate the grant in its entirety under either para- graphs (a)(1) or (2) of this section. (b) If costs 'are allowed under an award, the responsibilities of the re- cipient referred to in §215.71(a), includ- ing those for property management as applicable; shall be considered in the termination of the award, and provi- sion shall be made for continuing re- sponsibilities of the recipient after ter- mination, as appropriate. § 215.62 Enforcement. (a) Remedies for noncompliance. If a re- cipient materially fails to comply with § 215.62 the terms and conditions of an award, whether stated in a Federal statute, regulation, assurance, application, or notice of award, the Federal awarding agency may, in.,addition to imposing any of the special conditions outlined in § 215.14, take one or more of the fol- lowing actions, as appropriate in the circumstances. (1) Temporarily withhold cash pay- ments pending correction of the defi- ciency by the recipient or more severe enforcement action by the Federal awarding agency. (2) Disallow (that is, deny both use of fluids and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. (3) Wholly or partly suspend or ter- minate the current award. (4) Withhold further awards for the project or program. (5) Take other remedies that may be legally available. (b) Hearings and appeals. In taking an enforcement action, the awarding agency shall provide the recipient an opportunity for hearing, appeal, or other administrative proceeding to which the recipient is entitled under any statute or regulation applicable to the action involved. (c) Effects of suspension and termi- nation. Oosts of a recipient resulting from obligations incurred by the re- cipient during a suspension or after termination of an award are not allow- able unless the awarding agency ex- pressly authorizes them in the notice of suspension or termination or subse- quently. Other recipient costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if paragraphs (c)(1) and (2) of this section apply. (1) The costs result from obligations which were properly incurred by the re- cipient before the effective date of sus- pension or termination, are not in an- ticipation of it, and in the case of a ter- mination, are noncancellable. (2) The costs would be allowable if the award were not suspended or ex- pired normally at the and of the fund- ing period in which the termination takes effect. (d) Relationship to debarment and sus- pension. The enforcement remedies identified in this section, including 103 § 215.70 suspension and termination, do not preclude a recipient from being subject to debarment and suspension under E.O.s 12549 and 12669 and the Federal awarding agency implementing regula- tions (see §215.13). Subpart D—After-the-Award .Requirements § 215.70 Purpose. Sections 215.71 through 215.73 contain closeout procedures and other proce- dures for subsequent disallowances and adjustments. § 215.71 Closeout procedures. (a) Recipients shall submit, within 90 calendar days after the date of comple- tion of the award, all financial, per- formance, and other reports as required by the terms and conditions of the award. The Federal awarding agency may approve extensions when re- quested by the recipient. (b) Unless the Federal awarding agen- cy authorizes an extension, a recipient shall liquidate all obligations incurred under the award not later than 90 cal- endar days after the funding period or the date of completion as specified in the terms and conditions of the award or in agency implementing instruc- tions. (c) The Federal awarding agency shall make prompt payments to a re- cipient for allowable reimbursable costs under the award being closed out. (d) The recipient shall promptly re- fund any balances of unobligated cash that the Federal awarding agency has advanced or paid and that is not au- thorized to be retained by the recipient for use in other projects. OMB Circular A-129 governs unreturned amounts that become delinquent debts. (e) When authorized by the terms and conditions of the award, the Federal awarding agency shall make a settle- ment for any upward or downward ad- justments to the Federal share of costs after closeout reports are received. (f) The recipient shall account for any real and personal property ac- quired with Federal funds or received from the Federal Government "in ac- cordance with § 215.31 through § 216.37. (g) In the event a final audit has not been performed prior to the closeout of 2 CFR Ch. II (1-1-12' Edition) an award, the Federal awarding agency shall retain the right to recover an ap- propriate amount after fully consid- ering the recommendations on dis- allowed costs resulting from the final audit. § 215.72 Subsequent adjustments and continuing responsibilities. (a) The closeout of an award does not affect any of the following: (1) The right of the Federal awarding agency to disallow costs and recover funds on the basis of a later audit or other review. (2) The obligation of the recipient to return any funds due as a result of later refunds, corrections, or other transactions. (3) Audit requirements in § 215.26. (4) Property management require- ments in §§ 215.31 through 215.37. (5) Records retention as required in § 215.53. (b) After closeout of, an award, a rela- tionship created under an award may be modified or ended in whole or in part with the consent of the Federal awarding agency and the recipient, provided the responsibilities of the re- oipient referred to in paragraph (a) of this section, including those for prop- erty management as applicable, are considered and provisions made for continuing responsibilities of the re- cipient, as appropriate. [69 FR 26281, May 11, 2004, as amended at 70 FR 61881, Aug: 31, 2005] § 215.73 Collection of amounts due. (a) Any funds paid to a'recipient in excess of the amount to which the re- cipient is finally determined to be enti- tled under the terms and conditions of the award constitute a debt to the Fed- eral Government. If not paid within a reasonable period after the demand for payment, the Federal awarding agency may reduce the debt by paragraphs (a)(1), (2) or (3) of this section. (1) Making an administrative offset against other requests for reimburse- ments. (2) Withholding advance payments otherwise due to the recipient. (3) Taking other action permitted by statute. (b) Except as otherwise provided by law, the Federal awarding agency shall 104 OMB Circulars and Guidance charge interest on an overdue debt in accordance with 4 CFR Chapter II, "Federal Claims Collection Stand- ards." APPENDIX A TO PART 215—CONTRACT PROVISIONS All contracts, awarded by a recipient in- cluding small purchases, shall contain the following provisions as applicable: 1. Equal Employment Opportunity—All con- tracts shall contain a provision requiring compliance with E.O. 11246, "Equal Employ- ment Opportunity" (30 FR 12319, 12935, 3 CFR, 1964-1966 Comp„ p. 339), as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Oppor- tunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Con- tract Compliance Programs, Equal Employ- ment Opportunity; Department of Labor." 2. Copeland "Anti -Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) --All contracts and sub - grants in excess of $2000 for construction or repair awarded by recipients and subreeipi- ents shall include a provision for compliance with the Copeland "Anti -Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Con- tractors and Subcontractors on Public Build- ing or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each con- tractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all sus- pected or reported violations to the Federal awarding agency. 3. Davis -Bacon Act, as amended (40 U.S.C. 276a to a-7)—When required by Federal pro- gram legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance, with the Davis -Bacon Act (40 U.S.C. 276a to ar-7) and as supplemented by Department of Labor regulations (29 CFR part 6, "Labor Standards Provisions Applica- ble to Contracts Governing Federally Fi- nanced and Assisted Construction"). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Sec- retary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall re - Pt. 215, App. A port all suspected or. reported violations to the Federal awarding agency. 4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333)—Where applicable, all contracts awarded by reoipients in excess of $2000 for construction contracts and in ex- cess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under sec- tion 102 of the Act, each contractor shall be required to compute the wages of every me- chanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 11h times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is ap- plicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or mate- rials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 5. Rights to Inventions Made Under a Con- tract or Agreement --Contracts or agreements for the performance of experimental, devel- opmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Govern- ment Grants, Contracts and Cooperative Agreements," and any implementing regula- tions issued by the awarding agency. 6. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water. Pollution Control Act (33 U.S.C. 1251 et seq.), as amended—Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that re- quires the recipient to agree to comply with all applicable standards, orders or regula- tions issued pursuant to the Clean Air Act (42 U.S.C: 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1261 et seq.). Violations shall be reported to the Federal awarding agency and the Re- gional Office of the Environmental Protec- tion Agency (EPA). 7. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors who apply or bid for an award of $100,000 or more shall file the re- quired certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or at- tempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a 105 Pt. 220 member of Congress in connection with ob- taining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in con- nection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. B. Debarment and Suspension (E.O.s 12549 and 12689)—A contract award with an amount expected to equal or exceed $25,000 and certain other contract awards (see 2 OFR 180.220) shall not be made to parties listed on the government -wide Excluded Parties List System, in accordance with the OMB guide- lines at 2 CFR part 180 that implement E.O.s 12549 (3 CFR, 1986 Comp., p. 189) and 12689 (3 CFR, 1989 Comp., p. 235), "Debarment and Suspension." The Excluded Parties List Sys- tem contains the names of parties debarred, suspended, or otherwise excluded by agen- cies, as well as parties declared ineligible under statutory or regulatory authority other than E.O. 12549. (69 FR 26281, May 11, 2004, as amended at 70 FR 51879, Aug. 31, 2005] PARTS 216-219 (RESERVED) PART 220—COST PRINCIPLES FOR EDUCATIONAL INSTITUTIONS (OMB CIRCULAR A-21) Sec. 220.6 Purpose. 220.10 Scope. 220.15 Policy, 220.20 Applicability. 220.25 OMB responsibilities. 220.30 Federal agency responsibilities. 220.35 Effective date of changes, 220.40 Relationship to previous issuance. 220.45 Information contact, APPENDIX A TO PART 220—PRINOIPLES FOR DE- TERMINING COSTS APPLICABLE TO GRANTS, CONTRACTS, AND OTHER AGREEMENTS WITH EDUCATIONAL INSTITUTIONS AUTHoRrrY: 31 U.S.C. 603; 31 U.S.O. 1111; 41 U.S.C. 405; Reorganization Plan No. 2 of 1970; E.O. 11641, 35 FR 10737, 3 OFR, 1966-1970, p. 939. SOURCE: 70 FR 51881, Aug. 31, 2006, unless otherwise noted. § 220.5 Purpose. This part establishes principles for determining costs applicable to grants, contracts, and other agreements with educational institutions. 2 CFR Ch. II (1-1-12 Edition) §220.10 Scope. The principles in this part deal with the subject of cost determination, and make no attempt to identify the cir- cumstances or dictate the extent of agency and institutional participation in the financing of a particular project. Provision for profit or other increment above cost is outside the scope of this part. §220.15 Policy. The principles in this part are de- signed to provide that the Federal Gov- ernment bear its fair share of total costs, determined in accordance with generally accepted accounting prin- ciples, except where restricted or pro- hibited by law, Agencies are not ex- pected to place additional restrictions on individual items of cost. The suc- cessful application of cost accounting principles requires development of mu- tual understanding between represent- atives of educational institutions and of the Federal Government as to their scope, implementation, and interpreta- tion. § 220.20 Applicability. (a) All Federal agencies that sponsor research and development, training, and other work at educational institu- tions shall apply the provisions of Ap- pendix A to this part in determining the costs incurred for such work. The principles shall also be used as a guide in., the pricing of fixed price or lump sum agreements. (b) Each federal agency that awards defense -related contracts to a Feder- ally Funded Research and Development Center (FFRDC) associated with an educational institution shall require the FFRDC to comply with the Cost Accounting Standards and' with the rules and regulations issued by the Cost Accounting Standards Board and set forth in 47 CFR part 99. §220.25. OMB responsibilities. OMB is responsible for: . (a) Issuing and maintaining the guid- ance in this part. (b) Interpreting the -policy require- ments in this part and providing assist- ance to ensure effective and efficient implementation. 106 EXHIBIT E _ CERTIFICATION REGARDING LOBBYING Anti -Lobbying - On behalf of Triangle Area Network of Beaumont, Texas, and to the best of my knowledge and belief, No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an office or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with 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, load or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the Federal contract, grant, loan or cooperative agreement, it will complete and submit Standard Form - LLL, Disclosure Form to Report Lobbying, in accordance with its instructions, and It will require that the language of paragraph 1 and 2 of this anti -lobbying 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. Triangle Area Network: ATTEST: BY: BY: Eq BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: June 19, 2018 REQUESTED ACTION: Council consider a resolution approving a contract with SERVPRO of Beaumont for mold remediation and HVAC duct cleaning at the Tyrrell Historical Library. BACKGROUND Due to the extended period without power during and after Hurricane Harvey, mold was able to infiltrate the main ceiling paint and HVAC ductwork at the Tyrrell Historical Library. This contract will allow for the mitigation of the mold and allow for the painting and repair of the main ceiling. Bids were requested from twelve (12) vendors with three responses received. The low qualified bid is in the amount of $98,726. The contractor will complete the project in 21 calendar days. The bid tabulation is attached. FUNDING SOURCE Hurricane Harvey Fund, reimbursement from FEMA will be requested. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, bids were received for a contract for mold remediation 'and HVAC duct cleaning of the Tyrrell Historical Library; and, WHEREAS, SERVPRO, of Beaumont, Texas, submitted a bid in the amount of $98,726.00, as shown on Exhibit "A," attached hereto; and, WHEREAS, City Council is of the opinion that the bid submitted by SERVPRO, of Beaumont, Texas, is the lowest responsible bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bide submitted by SERVPRO, of Beaumont, Texas, for mold remediation and HVAC duct cleaning of the Tyrrell Historical Library in the amount of $98,726.00, as shown on Exhibit "A," attached hereto, be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with SERVPRO, of Beaumont, Texas for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of June, 2018. - Mayor Becky Ames - CITY OF BEAUMONT - PURCHASING DIVISION BEAUMONT Terry Welch - Senior Buyer 409-880-3107 T E X A S terry.welchCalbeau monttexas BID TABULATION: Mold Remedlation and Duct Cleaning ofihe Tyrrell Historical Library BID No. TF0518-28 OPENING DATE: Thursday, June 07, 2018 Vendor SERVPRO of BEAUMONT Action Restoration City / State Beaumont, Tx Port Arthur, Tx Description Total Bid Price Total Bid Price Base Bid for Scope of Work as Specified Supervision Necessary for the Mold $194,727.00 for Labor, Material, Equipment, and Tyrrell Historical Library Supervision Necessary for the Mold $98,726.00 $130,500.00 Remediation and Duct Cleaning of the Tyrrell Historical Library Days to complete: 21 25 Vendor Inland Environments, LTD City / State Porter; Tx Description Total Bid Price Base Bid for Scope of Work as Specified for Labor, Material, Equipment, and Supervision Necessary for the Mold $194,727.00 Remediation and Duct Cleaning of the Tyrrell Historical Library Days to complete: 45 Low qualified bidder is SERVPRO of Beaumont EXHIBIT "A" Ca BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: June 19, 2018 REQUESTED ACTION: Council consider a resolution approving a contract with Jack Built of Orange for painting the ceiling at the Tyrrell Historical Library. BACKGROUND Due to the extended period without power during and after Hurricane Harvey, mold was able to infiltrate the.main ceiling paint at the Tyrrell Historical Library. Bids were requested from twelve (12) vendors, and three responses were received. The low qualified bid to complete the project is in the amount of $80,257.81. The contractor will complete the project in 90 calendar days. The bid tabulation is attached. FUNDING SOURCE Hurricane Harvey Fund, reimbursement from FEMA will be requested. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, bids were received for a contract for painting of the Tyrrell Historical Library ceiling; and, WHEREAS, Jack Built, of Orange, Texas, submitted a bid in the amount of $80,257.81, as shown on Exhibit "A," attached hereto; and, WHEREAS, City Council is of the opinion that the bid submitted by Jack Built, of Orange, Texas, is the lowest responsible bidder providing the best value to the City and should be accepted;. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Jack Built, of Orange, Texas, for painting of the Tyrrell Historical Library ceiling in the amount of $80,257.81, as shown on Exhibit "A," attached hereto, be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Jack Built, of Orange, Texas for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of June, 2018. - Mayor Becky Ames - CITY OF BEAUMONT — PURCHASING DIVISION BEAUM©NT Terry Welch -Senior Buyer 409-880-3107 TEXAS terry.welch beaumonttexas BID TABULATION: Painting of the Tyrrell Historical Library Ceiling BID No. TF0518-29 OPENING DATE: Thursday, June 07, 2018 Vendor Jack Built Marsh Waterproofinglnc. City / State Orange, Tx Vidor, Tx Description Total Bid Price Total Bid Price Base Bid for Scope of Work as Specified Components of the Tyrrell Historical for Painting of Ceiling Dome and Trim $80,257.81 $95,350.00 Components of the Tyrrell Historical Library Days to complete: 90 30 Vendor BRC Painting Inc. City / State Beaumont, Tx Description Total Bid Price Base Bid for Scope of Work as Specified for Painting of Ceiling Dome and Trim $99,305.00 Components of the Tyrrell Historical Library Days to complete: 90 Low qualified bidder is Jack Built of Orange, Tx EXHIBIT "A" LTJ BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: June 19, 2018 REQUESTED ACTION: Council consider a resolution approving the purchase of a Blower Package from Atlas Copco Compressors LLC of Houston for use at the Sewer Treatment Plant. BACKGROUND The Sewer Treatment Plant was originally constructed in 1955. In 2002, the facility had a major modification which converted both anaerobic digesters to an aerobic process. To meet TCEQ requirements, four blowers were installed for sludge treatment. Since then the blowers have all been rebuilt several times. In 2015, one of the blowers had a major failure and had to be replaced. Currently, another blower is in similar condition and needs to be replaced. Atlas Copco Compressors, LLC is the sole source provider of the blower systems. The total cost for the purchase will be $59,209. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of a ZM 12607 Blower Package for use by the Water Utilities Department from Atlas Copco Compressors, LLC, of Houston, Texas, a sole source provider, in the amount of $59,209.00 for the replacement of a blower system at the Sewer Treatment Plant. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of June, 2018. - Mayor Becky Ames - E- BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: June 19, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to receive Hazard Mitigation Grant funds from the Department of Homeland Security. I av�:Z `1 J►I_IC The Hazard Mitigation Grant Program (HMGP) provides grants to State and Local Governments to implement long-term hazard mitigation measures following a federal disaster declaration. Funding became available for the State of Texas due to the federal disaster declaration DR -4272 for damages incurred from tornadoes and flooding. The State processes the grant applications for municipalities. Mitigation funding was received following Hurricane Ike to harden windows of the top two floors of the Fire Headquarters and Communication Center located at 400 Walnut, but was insufficient to complete the whole building. The grant funding will help complete the remaining $235,700 project and provide for the removal of the 1St floor exterior windows and will replace them with new custom fabricated windows meeting State and Federal requirements. The project will enable the building to withstand higher wind speeds and will provide better protection against windblown debris protecting our first responders, critical communications and technology infrastructure during severe weather events. FUNDING SOURCE The grant funds are estimated at $176,775 with the City contributing $58,925. The City portion will be paid for from the Capital Reserve. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to receive funding in an amount up to $176,775.00 through the Department of Homeland Security DR -4272 Hazard Mitigation Grant Program (HMGP) to implement long-term hazard mitigation measures following a federal disaster declaration; and, BE IT FURTHER RESOLVED THAT the City Manager be- and he is hereby authorized to execute `all documents necessary to accept grant funding through the Department of Homeland Security DR -4272 Hazard Mitigation Grant Program' (HMGP) in an amount up to $176,775.00. The meeting at which this resolution was approved was, in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of June, 2018. - Mayor Becky Ames - F BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, Public Works Director MEETING DATE: June 19, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to accept maintenance and authorize a final payment to Neon Electric Corporation related to the construction of nine bus shelters. BACKGROUND On November 21, 2017, by Resolution No. 17-250, City Council awarded a contract to Neon Electric Corporation, of Houston,. Texas, for the construction of nine (9) 7' x 14' bus shelters in the amount of $102,915.00. There were no change orders needed during the construction process. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of maintenance and fmal payment in the amount of $37,735.50 is recommended. FUNDING SOURCE TxDOT Funded (100%). RECOMMENDATION Approval of the resolution. RESOLUTION NO. 17-250 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of a contract to Neon Electric Corporation, of Houston, Texas, in the amount of $102,915.00 for the construction of nine (9) 7'x 14' bus shelters at various City locations; and, BE IT FURTHER RESOLVED THAT the_ City Manager be and' he is hereby authorized to, execute a Contract with Neon Electric Corporation, of Houston, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of November, 2017. AM&&Udr - -City of Beaumont Pay Estimate Project Name: City of Beaumont Bus Shelters at Various Locations Project Contract Date: April 1, 2018 Project No. PW1018-05 Contract Calendar Days: 60 Contractor: Neon Electric Corporation Percent of Time Used: 88% Pay Estimate No. 2 FINAL Calendar Days Used: 53 Contract Amount: $102,915.00 Percent of Work Completed: 100% Pay Period: May I - 31, 2018 - Change Orders: 0 Item No. Item i Code Desc. Coda Description Bid Quantity Unit Previous Estimate Current Estimate Total Estimate To Date Unit Price Total Amount 1 9000 6000 Tx 14' HIP ROOF BUS SHELTERS 9 1 EA 6 1 3 9 $ 11,435.00 $ 102,915.00 Prepared By: ,� Grand Total Amount or Work Done: $ 102,915.00 Brandon Belaire, E.I.T. - Roadway Designer Less 5% Retainage: $ - Recommended By: Sub Total: $ 102,915.00 Harold E. Crochet way Designer II Less Previous Payments: $ 65,179.50 Approved By: fPj F j r. Jose➢ Majdalen , P.E - blic Works Director Amount Due This Estimate: $ 37,735.50 1 certify that all work and materials covered by this invoice have been completed and/or delivered in accordance with the Contract Documents. Neon Electric Corporation, Contractor Page 1 of 1 RESOLUTION NO. WHEREAS, on November 21, 2017, the City Council of the City of Beaumont, Texas, passed Resolution No, 17-250 awarding a contract in the amount of $102,915.00 to Neon Electric Corporation, of Houston, Texas, for the construction of nine (9) 7' x 14' bus shelters at various City locations; and, WHEREAS, the project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 'BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the construction of nine (9) 7' x 14' bus shelters at various City locations be and the same is hereby accepted; and, BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of $37,735.50 to Neon Electric Corporation of Houston, Texas. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of June, 2018. - Mayor Becky Ames - G BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer 5 MEETING DATE: June 19, 2018 REQUESTED ACTION: Council consider a resolution approving a payment to Motorola for a maintenance agreement to support the 800 MHz radio system. BACKGROUND The 800 MHz radio system is used by EMS, Fire, Police and numerous other departments throughout the City for daily communications. The agreement is exempt from competitive bidding since it is available from only one (1) source having exclusive rights to maintain the radio infrastructure. The maintenance agreement provides for constant monitoring of the radio system and 911 dispatch centers as well as dispatching of repair personnel with replacement parts when required. The 800 MHz radio system is shared with Jefferson County, Hardin County, Orange County, the City of Orange, the cities of Groves, Nederland, Port Arthur and Port Neches, the Port of Beaumont, BISD, Water District No. 10, ESD3, ESD4, Acadian and Lamar University's Police Department. The cost of the maintenance contract is in the amount of $286,000.00 and is allocated among all agencies by the number of radios each agency has on the system. This maintenance contract will cover from May 1, 2018 to August 31, 2018. Funding is available through the Department of Homeland Security Supplemental 2015 Port Security Grant Program (PSGP) for 75% of this year's maintenance in the amount of $214.500.00. The 25% match will be shared among all participating entities. The City of Beaumont's portion of the match will be $21,205.83. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to approve a payment in the amount of $21,205.17 to Motorola for the City's portion of an annual maintenance agreement for support of the shared 800 MHz radio system. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of June, 2018. - Mayor Becky Ames - 11 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: June 19, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to accept funding from the Office of the Attorney General that will be allocated for the Beaumont Police Department's training and technical assistance. BACKGROUND The Internet Crimes Against Children (ICAC) Task Force was created to help State and Local Law enforcement agencies enhance their investigative response to offenders who use the internet, online communication systems, or other computer technology to sexually exploit children. The program is currently composed of regional Task Force agencies funded by the United States Office of Juvenile Justice and Delinquency Prevention. The Training and Technical Assistance Program was established to assist these agencies with training and technical assistance in support of their Internet Crimes Against Children initiatives. Currently we have an existing Memorandum of Understanding between the City of Beaumont's Police Department and the Attorney General's office. Approval of these funds between the Office of the Attorney General and Beaumont's Police Department will provide up to $8,000 of allowable funds to be allocated for training and operating expenses. FUNDING SOURCE Office of the Attorney General grant funds, no City match. RECOMMENDATION Approval of resolution. Internet Crimes Against Children Grants Administration Division Office of the Attorney General i4 FY 2014/15 Detailed Budget Grant Contact Name, Phone and E-mail Asst Chief Jim Clay Ci Beaumont County I Jefferson TRAVEL71, 2018 Dallas Crimes Against Children Conf-Per Diem for 6 Investigators (263 ea) $1,578 2018 Dallas Crimes Against Children Conf-Tuition for 1 Investigator (600 ea) $600 2018 Dallas Crimes Against Children Conf-Parking for 3 Investigators (40 ea) $120 Travel Total $2 298 EQUIPMENT , 2 - Digital Cameras and 2 - SD Cards $640 1 - Forensic Laptop Computer with OS $3,000 Equipment Total $3,640 SUPPLIES Supplies Total $0 OTHER'DIRECT OPERATING EXPENSES Magnent Forensics Axom Upgrade from IEF $2,054 Other Direct Operating Expenses Total $2,054 TOTAL:BUDGET 7 992 GAD -101 Rev 08/2011 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to receive funding for the City of Beaumont through the Office of the Attorney General of Texas for the Internet Crimes Against Children (ICAC) Task Force in an amount not to exceed $8,000.00 to provide training and technical assistance in support of their Internet Crimes Against Children initiatives. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont -this the 19th day of June, 2018. - Mayor Becky Ames - 1 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: June 19, 2018 REQUESTED ACTION: Council consider a resolution authorizing the granting of two Pipeline Agreements with Coastal Caverns, Inc. .BACKGROUND Coastal Caverns, Inc. has requested permission to install a 12" pipeline and a 2" conduit line inside a 4" carbon steel case to transport ethylene and fiber optics. The 12" pipeline and the 2" conduit will cross city utilities along Highland Avenue. The pipelines will be constructed in accordance with City requirements. There is a one-time fee of $500 for each Pipeline License Agreement. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to grant two (2) Pipeline License Agreements to Coastal Caverns, Inc., substantially in the form attached hereto as Exhibits "A" and "B," to install a twelve inch (12") pipeline and a two inch (2") conduit line inside a four inch (4") carbon steel case which will cross City utilities along Highland Avenue for the purpose of transporting ethylene and fiber optics. Said pipelines are to be constructed in compliance with City requirements. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of June, 2018. - Mayor Becky Ames - CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: Coastal Caverns, Inc. Business Phone �3? 500-7590 Business Address: 6045 Highland Avenue, Beaumont, Texas 77705 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $500.00 for one 12 -inch ethylene pipeline crossing city utilities at Highland Avenue Coastal Caverns, Inc. hereby grants to hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove apipeline for the transportation of oil, gas, water, or their products, on or across the following property situated in the City of Beaumont, Jefferson County, Texas, andbeingmoreparticularly described in Exhibit "A" attachedhereto and made a part hereof for all purposes. Street Name or R.O.W. Description Length (Linear Feet) Highland Avenue, south of ROW, 8 -inch water line (no ROW) 1 EXHIBIT "A" COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: License Agreement fee - $500.00 Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. .All fees, including the first annual fee for linear foot usage shall be made to the Engineering Division and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply -with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: o Licensee does not intend to sell product for resale from the covered pipelifle to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City,' it will be required to report such distribution and when lawfully required to' do so, pay a street rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. All pipelines crossing public rights-of-way shall be bored from right-of-way Eno to right-of-way line. Within these limits, the pipeline shall be protected by casing or other method approved by =the City and/or the Texas Department of 'Transportation. e The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. 2 o The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and 'grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working • thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. Operations along roadways shall be performed in such a mariner that all excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line. o Barricades, warning signs and lights, and flagpersons shall be provided by the contractor or owner when necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a street or roadway be allowed. All barricading must be by permit and approved by the City (Public Works Department) in advance. o Any construction which takes place in, on under, above, or across property not owned by the City shall require additional permission by the owner(s) of the property involved. Written proof of said permission is to be provided to the City as part ofthe application process. Approval ofthis license agreement excludes permission to do. any construction on property which is not owned by -the City of Beaumont. l 3 Any licenses, permits or agreements required by another governmental entity (County, State or Federal) shall be obtained and a copy of such document shall be provided to the City. If agreement is not required by said governmental entity, then documentation regarding such will be provided to the City of Beaumont. Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. o Licensee shall be responsible for acquiring all agreements necessary for the lawf al use of any private property. o A map showing the location of the proposed pipeline shall be provided. (1 "=2,000' City of Beaumont map or United States Geological Survey Map) o The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to any City streets, alley, easements or other property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Public Work's Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. o The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. o The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City and/or the Texas Department of Transportation. o Permits which allow lines to be maintained or constructed in City right-of- way ight-ofway shall be obtained by Licensee or it's contractor prior to beginning maintenance or construction. The fee for such permits is in addition to this License Agreement fee. (See Cost of License) Installation will be done in accordance with all City standards and statutes of the State of Texas. 51 REQUIRED COVERAGE: o Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following m-ininium coverage: Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident Property Damage: $1,000,000.00 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. 0 Licensee- shall have in force with the City a surety bond in the principal amount of $1,000,000.00. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall provide that it may not be cancelled, altered, or otherwise modified without giving fifteen (15) days prior written notice to the City. The bond shall be good and in effect for aperiod of one (1) year from the date of completion of construction of the pipeline. 0 Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. If the pipeline or any part thereof installed by Licensee shall be in any respect damaged or injured by City or any of its agents or employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: 5 Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damage or injuries so sustained by it; however, said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTIONAC4dNTENANCE WITHINR.O.W.: City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the R.O.W. involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the R O.W. involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Department of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its fines. Failure, by Licensee, to respond within the required time frame shall alleviate the responsibility of the person(s) requiring the lines to be relocated. o City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understgod that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or thirdparty who may be responsible for damages to Licensee's facilities. 0 0 Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction of a new street or highway along or over said street, or by reason of the location or manner of constructing drainage structures,- water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by_ the City for the benefit of any other person or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is in a City street, alley, easement or other right• -of way. NOTIFICATIONANSPECTION: Any and all work to be performed on City right-of-way (R.O.W.) shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. Licensee shall provide the City (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. Licensee shall notify the Engineering Division at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to pem:dt the City to make an inspection. 7 SPECIAL CONDITIONS: Nonassigmble This license is personal to the Licensee, It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty (3 0) days priorto the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name. of Licensee: Coastal Caverns, Inc. P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: 6045 Highland Avenue, ATTN: David S. Branch Attn: City Manager City and State of Licensee: Beaumont, Texas 77705 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the City Engineer. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. 8 Commencement of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth, IN WITNESS. WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of , A.D. 20 CITY OF BEAUMONT, TEXAS By: Kyle Hayes, City Manager ATTEST: City Clerk APPLICANT'S COMPANY NAME: (Licensee) Coastal Caverns, Inc. Represented by - 12 --(5 y: / --(5 4 Z -- Lid S. Branch, Chief Operating fficer Title ATTEST: By: d,� W ," Secretary H:\Projects\12930 CCI Ethylene South Header System\4000 PERMRS\4001-4100 City permHs\DWG\Ewron\12930-4052 HIGHLAND AVEdwg plotted on May 03, 2018 - 4:23pm ACAD ver 20.1e (LMS Tech) Z m -mac 0 00 � O 000 $ 0m(n 0 y0 0 0+� 0 ;p� U _ ZTY 0 RP O i � PR PE UNE- — — — N r*l C01na N I I I j r m , O 10::0 C' $ 0 0 0 0 0 0 0 OZ ren y 0 0 w EnCD r- 9 00 45+00 TOE OF BALLAST m m TOE Ol BALLAST o � — — — >rol C) f] Z "� Di _� OF RAIL ROAD of 0 C O -CI N O 0 00 44+89 CA OF RAIL ROAD O r 3;nCZ �j0m X app 0 z �n H vo.o 0. rm -- -- — --- _z 44+76 TOE OF BALLAST 0 _ TOE OF BALLAST S C> o 2 C7 O0 0 B p Z T '— 44+68 EASEMENT LINE MEn EASEMENT LINE o N N �-11I -1 4• rr*1 TOP OF D� IT v V—c `: W a+ C ZE 0 Z Ar "n 'U — z a rn 44+43 EDGE OF DITCH / O A Z Z n Z m no 44+35 TOE OF DITCH TOE _OF_DITCH_, _ G Ov 0O D Z C Z O ;u < 44+30 TOE OD DITCH = C Z m Z m TOE OF DITCH Z Z D = Drnm M $ 44+06 EDGE OF DITCH o D W ^ Z= 8 n O o n Z TOP OF DITCH FC7 = 1, V1 0 0 43+97 EDGE OF HIGHLAND AVE $ EDGE OF HIGHLAND AV 00 D D 1*1 O f 2.020 L.F. TO W. POR O Z Dm 0 : ; j— 0 ' ARTHUR RD. INTERSECTION Z 47 � tl II n ' 43+84 CA� OF HIGHLAND AVE. �, OF HIGHLAND AVE.I I vv EDGE F HIGHLAND AVE. .W43+71 EDGE OF HIGHLAND AVE. PA�E 8 I V o LA 0 --y 43+54 EDGE OF DITCH TO F LA !ul `. — 43+54 8' WATER LINE UNK B' COV. EAS)sMEJ1JT �LNE— — — — — z o y A� 43+48 EASEMENT LINE TOE OF 6TTC d d a p 0 Alow 43+42 POWER LINE POWER LINE AITCH D 0 0 43+36 FENCE UNE FEONC,EF o S z C : f1. K �,'��'�`` (nom • _ .:��. 1 0 D QZNmy _ � o w to o sm co Fn z :b 1��y` 43+12 TREE UNE AF n rn W °,' m a. o Zc Ln + z N$ _ ro. g w N o 0 0 �' Z o0 o a c� D -40 O N N r W y CA N CJ NZ 0 p x D(D/7n OI _v 2 x c�z0 ' n tly r C� m a A PROPOSED CCI 12 -INCH ETHYLENE PIPELINE NORTH HEADER DESIGN DATA 1.0 GENERAL INFORMATION 1.1 APPLICANT/OWNER: COASTAL CAVERNS, INC. 6045 HIGHLAND AVE, BEAUMONT TX, 77705 1.2 PIPELINE NAME CCI 12 -INCH ETHYLENE PIPELINE NORTH HEADER 1.3 PRODUCT- ETHYLENE 1.4 CONSTRUCTION ACTIVITIES ARE SCHEDULED TO BE PERFORMED APRIL 2018. 2.0 PIPELINE DESIGN DATA 2.1 DESIGN CODES: THE PIPELINE MUST MEET CFR TITLE 49 CFR PART 195 - TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE, TEXAS ADMINISTRATIVE CODE (TAC) TITLE 16, CHAPTER B. AND ASME 831.4 -PIPELINE TRANSPORTATION SYSTEMS FOR LIQUID HYDROCARBONS AND OTHER LIQUIDS. 2.2 OPERATING PRESSURE 2220 PSIG (MAXIMUM OPERATING PRESSURE) 2.3 HYDROSTATIC TEST PRESSURE 2775 PSIG (MINIMUM) 2.4 DESIGN FACTOR: 0.72 3.0 CARRIER LINE PIPE 3.1 OUTSIDE DIAMETER: 12.750" 3.2 WALL THICKNESS: 0.375' 3.3 PIPE SPECIFICATION: API 5L 3.4 SPECIFICATION MINIMUM YIELD STRENGTH: 60,000 PSI 3.5 MATERAL• CARBON STEEL 3.6 PROCESS OF MANUFACTURE ERW 3.7 EXTERIOR COATING: 14-16 MILS FBE + 22 MILS ARO COATING 4.0 CATHODIC PROTECTION 4.1 IMPRESSED CURRENT 5.0 CONSTRUCTION METHOD 5.1 PIPELINE WILL BE INSTALLED BY HORIZONTAL DIRECTIONAL DRILL METHOD & BORE INSTALLATION METHODS. L COASTAL CAVERNS, INC. J PROPOSED CCI 12 -INCH ETHYLENE PIPELINE NORTH HEADER & 2 -INCH UTILITY CONDUIT WITH 4 -INCH CASING CROSSING CITY OF BEAUMONT WATER LINE CITY OF BEAUMONT ' JEFFERSON COUNTY, TEXAS - • ... -AOUMAFACIIIlY• vim'. abM. 1.� /'7 /:7 /-7 1 1 /'_ /I < 20 Dn. Iiw.a Imidme761fi0 9fl5-SNZ731 FAX:98S-BIbiVSZ 1 / t > / t 4..A._ Air �,/— - - 10101 s-hwe Frtnrva�,S�iq I . -a s P. Hebert; Inc.,71}1117OFAK71i21111 surve in' ` & eri ineerin F"''-"'" DRAWN BY: HG SHEET. 3 OF 4 CHECKED BY: SCALE- AS INDICATED APPROVED BY: DATE 03/28/18 DRAWING NO.: 12930-4053 ACIOROr CERTIFICATE OF LIABILITY INSURANCE t 4/11/2018 DA7EIMrvDDnYYY) 3/9/2018. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND:CONFERS NO RIGHTS' UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE DO. NSWRANCE DO.E$ NOT CONSTITUTE:A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED .REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.; IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions"or be endorsed, If. SUBROGATION IS WAIVED, aIublect to the terms and conditions of the policy, certain policies may require an.endorsernent. A statement on this certificate does not confer rights to the certlticaie holder In Ileu of'such endorsement(s). PRODUCER LOCKTON COMPANIES 3657,BRIARPARK DRIVE, SUITE 700 HOUSTON TX 77042 866-2604538 N TAC, - (A/C. rio,.EX1; No): -E-MAIL ADDRESS*' 1 SURER :AF O DING. E A E NAIC INSURER A: James River Insurance Company 12203 -INSURED GaIIChe O`OStal CaVemS IDC. 1 44351 9919 Mom Street, Suite 2,425 Houston TX 77002 ,INSURER B: Endurance American Insurance. Company. an... 10.6,1 INSURER C: INSU E INSURER E • INSURER F: 9-f%A1CnA1-c0 !.`FRTIFICATF tUII11ARFi7• LS7(,IhFI RF_VISION NUMBER: XXXX•XXX THIS IS TO CERTIFY THAT THE, f OLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVEFOR THE POLICYPERIOD' INDICATED. NOTwiTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED AR NIAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED -HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED `BY PAID: CLAIMS. IPTSR - TYPE OF INSURANCE IADD NSD B POLICY NUMBER 10Lr p FF POLICY LIMITS A X OOMMERCIAL GENERAL'LIABILMY CLAIMS -MADE OCCUR Y "N 60076770,0 W1612017 "4/10720.18 EACH OCCURRENCE s t 000,000 D GETO'RENTED. 100,0 00 PREMISES EaacNrtence MED EXP (Any are person). EXCIUdeCd PERSONAL &ADV INJURY S 1,000000 GENLAGGREGATE LIMIT APPLIES PER: POU,CY� jEa LOC OTHER: GENERALAGGREGATE s "2000,000 PRODUCTS=COMPIOPAGG s "2,000 000 S AUTOMOBILE LIABILITY AANNWyYNAEU�7.0 HHEEppNOTAPPLICABLE AUTOSONLYH:rYSpByUU�IE�Dp AOONLYAUTOSONLY EOMBIIIdeV'NGLE LIMIT S XXXXXXX BODILY INJURY(Peperson) S XXXXXXX BODILY INJURY(Peraccidenl S XXX}CXXX PPe�aI TY DAMAGE $ XXXXXXX S B. X , UMBRELLA LIAR EX " CESS LIAR NCLAIMS-MADr OCCUR Y N EXC300.Q030900 4/10!2017 4/1012018 EACH OCCURRENCE $ .1,000,[)00 AGGREGATE $ 1000 000 DED t [RETENTIONS S xxxxXXX WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y /N ANY PROPRIETOIWARTNEAiEXECUTIYE ❑ OFFICERrtIEMaERE%CLUD(D? (MandaloryM NFQ Wdascribe RIPT10NN OF OPERATIONS W-L.DISEASE NJA NOT APPLICABLE J.PER ... EL EACH ACCID9NT S XXXXXXX EA_ DMEASE-EA EMPLOYEE XXyX�rXCXXX _ -POLICY"Wr XALIXX-XX 'DESCRIPTION OF OPERATIONS I LOCATIONS/ -VEHICLES (ACORD 101', Additional Remarks SOe.du1% maybe attached It rRore apace Is requlred) All policies include a blanket automalic.additional insured [provision] that confers additional insured status to the: certificate holder only ifthere is a Written contract between the ;named. insured and the certificate holder thatregpires the named insured to.name the certificate'holder as an additional insured. In the absence of such a contractual obligation on the pan of the named insured, the certificate holder is not an additional insured under the policy. GEFi I IFII:A"1 E F1tJLV.tM uFuvo�LLFa r wlv SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 15261661 AUTHORIZED REPRESENTATIVE City of Beaumont PO BOX 3827 Beaunr oniTX 7/704 ACORD "25 (2016/03) ©19a8-2015 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered. Marlls of ACORD CONTINUANON DESCRIPTION OF OPERATIONSJLO"TIONSNEHICLE§i"gLUSIONS ADDED 6Y ENDORSEPAWISPECIAL FROVWFIrti,jt sW OMY It HWre spaw � regw—I All policies include a blanket notice of cancellation to certificate 'holders. endorsement, providing .for 15 days' .advance notice'if the policy is cancelled by the company other than for nonpayment of premium, 10 days' notice if the policy 1s.cancelied for.nonpa" nt of premium. Notice:is sent to certificate holders lvith mailing addresses on file with the agent or the company. The endorsement does.not provide'for.notice of cancellation if-the.named insured requests,cancell.ation. WORD.26 (2016/03) CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: Coastal Caverns, Inc. Business Phone: X32 500-7590 Business Address: 6045 Highland Avenue, Beaumont, Texas 77705 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $500.00 for one 2 -inch conduit with a 4 -inch carbon steel case crossing city utilities at Highland Avenue Coastal Caverns, Inc. hereby grants to hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove apipeline for the transportation of oil, gas, water, or their products, on or across the following property situated in the City of Beaumont, Jefferson County, Texas, andbeing more particularly described in Exhibit "A" attachedhereto and made a part hereof for all purposes. Street Name or R.O.W, Description Length (Linear Feet) Highland Avenue, south of ROW, 8 -inch water line (no ROW) 1 EXHIBIT "B" COST OF LICENSE: Licensee shall male payment to the City of Beaumont as follows: o License Agreement fee - $500.00 Annual fee of $2.25 per linear foot of pipeline located within Cityproperty. Said fee shall be reset on January 3l, 2011 and shall, be reset every ten (10) years, thereafter, to a bevel to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the Engineering Division and payable to the City of Beaumont prior to construction. 1 This license is granted by the City of Beaumont subject to conditions. Failure to complywith the following may result in termination of agreement (see page 8). GENERAL CONDMONS: Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. All pipelines crossing public rights-of-way shall be bored from right-of-way line to right-of-way line. Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. The pipeline shall be constmmted in such a manner as approved by the City so as it does not interfere with the use of the City property. 2 o The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits sliall be backfilled according to City standards. o Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working • thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. Operations along roadways shall be performed in such a mariner that all excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line. o Barricades, warning signs and lights, and flagpersons shall be provided by the contractor or owner when necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a street• or roadway be allowed, All barricading must be by permit and approved by the City (Public Works Department) in advance. o Any construction which takes place in, on under, above, or across property not owned by the City shall require additional permission: by the owner(s) of the property involved. Written proof of said permission is to be provided to the City as part of the application process. Approval of this license agreement excludes permission to do any construction on property which is not owned by -the City of Beaumont. 3 Any licenses, permits or agreements required by another governmental entity (County, State or Federal) shall be obtained and a copy of such document shall be provided to the City. If agreement is not required by said governmental entity, then documentation regarding such will be provided to the City of Beaumont. o Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. o Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. o A map showing the location of the proposed pipeline shall be provided. (1"=2,000' City of Beaumont map or United States Geological Survey Map) o The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to any City streets, alley, easements or other property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Public Work's Department. Licensee shall frilly cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. o The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. o The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City and/or the Texas Department of Transportation. o Permits which allow lines to be maintained or constructed in City right-of- way shall be obtained by Licensee or it's contractor prior to beginning maintenance or construction. The fee for such permits is in addition to this License Agreement fee; (See Cost of License) o Installation will be done in accordance with all City standards and statutes of the State of Texas. 4 REODIRED COVERAGE: Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: , Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident Property Damage: $1,000,000.00 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. Licensee shall have in force with the City a surety bond in the principal amount of $1,000,000.00, The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall provide that it may not be cancelled, altered, or otherwise modified without giving frf-ieen (15) days prior written notice to the City. The bond shall be good and in effect for aperiod of one (1) year from the date of completion of construction of the pipeline. 0 Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. If the pipeline or any part thereof installed by Licensee shall be in any respect damaged or injured by City or any of its agents or employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: 5 Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damage or injuries so sustained by it; however, said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION&LA, ENANCE WITHINR.O.W.: City . will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the R.O.W. involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the R O. W. involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the -location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Department of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate- the responsibility of the person(s) requiring the lines to be relocated. o . City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. M o Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction of a new street or highway along or over said street, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is in a City street, alley, easement or other right-of- way, ight-ofway, I NOTIFICATIONANSPECTION: Any and all work to be performed on City right-of-way (R.O. W.) shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. Licensee shall provide the City (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. Licensee shall notify the Engineering Division at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. 7 SPECIAL CONDITIONS: Nonassignable This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty (3 0) days prior to the termination date therein specified. Any written notice may be effected either by personal delivery, or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name.of Licensee: Coastal Caverns, Inc. P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: 6045 Highland Avenue, ATTN: David S. Branch Attn: City Manager City and State of Licensee: Beaumont, Texas 77705 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the City Engineer. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. \ 8 Commencement of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. 1N WITNESS. WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of , A.D. 20 CITY OF BEAUMONT, TEXAS By: Kyle Hayes, City Manager ATTEST: City Clerk APPLICANT'S COMPANY NAME: (Licensee) Coastal Caverns, Inc. Represented by: David S. Branch, Chief Operating Officer Title ATTEST: By: By: Secretary JEFFERSON COUNTY, TEXAS GRAPHIC SCALE (MILES) 1/2 1/4 0 1/2 1 AERIAL ROUTE MAP PROPOSED CCI 12—INCH ETHYLENE PIPELINE NORTH HEADER & 2—INCH UTILITY CONDUIT WITH 4—INCH CASING CROSSING CITY OF BEAUMONT WATER LINE CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS J DRAWN BY: HG SHEET: 1 OF 4 CHECKED BY: OIIi 1ncmlms AS INDICATED APPROVED BY: DATE: 03/28/18 -HOUMAFACUM- 0 05/03/18 1 ISSUED FOR PERMIT ACQUISITION HG .. �� AM 2"C.p—Dfl. N0. DATE REVISION BY x,7.7 r 7 r7/ �'�� H --L--70760 sa %�n F"Xssss 6vaa AM� _�M 1. 96 % s -HO.FACQIIY- 1o1a sown wa, Frtexal, sda 620 COASTALCAVERNS INC. i Morris R Hebert, Inc, 71321%1a70FA -713-219-1471 surve In & en ineerin °°�^ AERIAL ROUTE MAP PROPOSED CCI 12—INCH ETHYLENE PIPELINE NORTH HEADER & 2—INCH UTILITY CONDUIT WITH 4—INCH CASING CROSSING CITY OF BEAUMONT WATER LINE CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS J DRAWN BY: HG SHEET: 1 OF 4 CHECKED BY: SCALE: AS INDICATED APPROVED BY: DATE: 03/28/18 DRAWING NO.: 12930-4051 H:\Protects\12930 CCI Ethylene South Header System\4000 PERMM4001-4100 Cloy permits\DWG\Exxon\12930-4052 HIGHLAND AVEdwg plotted on May 03, 2018 — 4:23pm ACAD ver 20.1s (LMS Tech) z 00 0 0 0 0 -o g � v�vi m 0 a 0 f7 0 0 gag C7 Re0 �W �0 -I� PR P TY LIN--- — 8f� r N mnsN I I I I rr- 0� 10 C e 4$ 0 0 o O o 0 0 02 E 0/1 0(07 m C 45+00 TOE OF BALLAST m m TOE OF BALLAST o - -0 0N2 C z n� o - X m Z '' n Z 0 r= C, OF RAIL ROAD C G) -CIN O 00 v 44+89 CA OF RAIL ROAD Z r Z _ ''3 0 z . 44+76 TOE OF BALLAST r m TOE OF BALLAST 0Z 2 N� 0 0 Z `� p Z — — T T 44+68 EASEMENT LINE 0 EASEMENT UNEMI Ju o • N 1 m :0 v m TOP OF DITCH CEn ry Y C NO Z Z p D 44+43 EDGE OF DITCH � Gr n Z Z- 2 m W z � (n TOE OF DITCH—,-Rl O rn ti r*1 n 0 Z r0*1 • o 44+36 TOE OF DITCH - — — p 0 [[I17] 0 D �' r" jo C Z 0 X < 44+30 TOE OD DITCH v = C C v Z m z rZI C] cn TCH TOE of DIO _< 0 Z "HZ a --4 � � � 44+06 EDGE OF DITCH X m N = 0 II= N a O o . , w . . . EDGE OF HIGHLAND A 43+97 EDGE OF HIGHLAND AVE $ Z TOP OF DITCH V c D D Q t 2,020 LF. TO W. PORT N D c? ' ARTHUR RD. INTERSECTION Z Q II �•t1 v ' 43+84 CA OF HIGHLAND AVE. $ $ (. OF HIGHLAND AVE m{ vv EDGE OF HIGHLAND QVE. I••� . 43+71 EDGE OF HIGHLAND AVE. TOP OF DITCH II R . B' E 6, V I..I n --{ 43+54 EDGE OF DITCH TO F LA F- I _ — — -� L. — �3F1i4 8' WATER LINE UNC B' COV. EASE�A ENJ LINE— — — — — i c> y hl, 43+48 EASEMENT UNE TOE OF TSiiC '� M 43+42 POWER LINE POWER LINE d 1 d P P TOE OF PITCH --D 43+36 FENCE UNE FENCE o � rnZOo O jR to CS � z (D ',a 110 43+12 TREE UNE FE e4 bo .op. E win to z T 10 O� z N O N U)� CD _25 . I v a xmm cD CD o f I I o 0 0 O C oo ll 0 ..z 1 DTTIII N - X _ DD i• W N N Y N N cnDN t- fJ h E C -101 i v 5 m� PROPOSED 2—INCH CONDUIT & 4—INCH CASING DESIGN DATA 1.0 GENERAL INFORMATION 1.1 APPLICANT/OWNER: COASTAL CAVERNS, INC. 6045 HIGHLAND AVE, BEAUMONT TX, 77705 1.2 PIPELINE NAME 2 -INCH CONDUIT 1.3 CONSTRUCTION ACTIVITIES ARE SCHEDULED TO BE PERFORMED APRIL 2018. 2.0 CONDUIT DESIGN DATA 2.1 NOMINAL SIZE.......................................................................2.380" 2.2 WALL THICKNESS: ................................................................... 0.216" 2.3 SPECIFICATION: ........................................................................ DR11, PE 4710 IPS 2.4 MATERIAL HDPE 3.0 CASING DESIGN DATA 3.1 NOMINAL PIPE SIZE..............................................................4.500" 3.2 WALL THICKNESS: ................................................................... 0.237- 3.3 PIPE SPECIFICATION: ............................................................. "I 5L 3.4 SPECIFICATION MINIMUM YIELD STRENGTH: 35,000 PSI 3.5 MATERIAL- CARBON STEEL 3.6 PROCESS OF MANUFACTURE ERW 3.7 EXTERIOR COATING: 14-16 MILS FUSION BOND EPDXY (FBE) 4.0 N:�1:[�]Ir][y�:��1I�BC�1[�]►1 4.1 NIA 5.0 CONSTRUCTION METHOD 5.1 UTILITY CONDUIT & CASING WILL BE INSTALLED BY HORIZONTAL DIRECTIONAL DRILL METHOD & BORE INSTALLATION METHODS. 0 05/03/18 1 ISSUED FOR PERMIT ACQUISITION I HG N0. I DATE I REVISION I BY COASTAL .CAVERNS, INC. PIPELINE DATA SHEET PROPOSED CCI 12—INCH ETHYLENE PIPELINE NORTH HEADER & 2—INCH UTILITY CONDUIT WITH 4—INCH CASING CROSSING CITY OF BEAUMONT WATER LINE CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS DRAWN BY: -HOWSAPA�_ 4 OF 4 CHECKED BY- IPM 1- / / r; 99S979-2731 FAX 965876-9m APPROVED BY: -HOmIONFlkcmm- 101016awL W F ,, 4 6?D ;JWo, s P Hebert, hic, �r�T�l surVeyind & engineering 711219-LfW FAX 713319-1171 DRAWN BY: HG SHEET- 4 OF 4 CHECKED BY- SCALE AS INDICATED APPROVED BY: DATE 03/28/18 DRAWING NO.: 12930-4054 ,. OF LIABIL®INSURANCE I11N2o1I3 D1TE'tMM/DD/YYYI)CERTIFICATE 3/9/2018 THIS CERTIFICATE IS ISSUED AS MATTER, OF INFORMATION ONLY AND.GONFERS NO RIGHTS 1JP,ON THE CERTIFICATE HOLDER. THIS CERTIFICATE'DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE'A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.: IMPORTANT. If the certificate holder Is an ADDITIONAL INSURED, the policy(Ies), must have ADDITIONAL INSURED proXisi6ns or be endoisod. If SUBROGATION IS WANED, subject to the terms and conditlons of the policy, certain policles they requite arl.endatserhent. A statement on this certificate does not canter d6hts to the certificateholder in lieu of such endorsements}. 'PRODUCER LOCKTON COMPANIES 3657.BRIARPARK DRIVE, SUITE 700 HOUSTON TX 77042 866-2603538 � C A E. TACT, - D, No): fM11DAI�L' RESS: NS ' ER AFFORDING COVERAGE NAIC I (x)076T70Q INSURER.A: James River Insurance Company... .12203... . D GE TO FtFJ�1TED. l 0O,000 PR 1 S. Eaooni epee INSURED CaIICt12 COStaI CavemS lRC.;INSURER B.:. Endur-ance Anie[ican InsuratrceCom an . 10641 1'443519 919 Mllam SUeet, Suite 2425 Houston TX 77002 iN§URER C: SU RE�D: ;S INSURER E: . . . . AUTOMOBILE LIABILITY AANNYryAUTO ry AC AUTO ONLY U�T�JJD-ppSyyyy pp -� AUTO ANLY .NUOMNLY INSURER F - c4wcbnr-ee f'9:QTIWC'ATF MI,IMRFR• 1 52 6 1166 1 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICYPERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT To WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SIUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID;:CLAIMS. 1 Sfl R TYPE OF INSURANCE AODL- It SO aR' POLICY NUMBER . - �Qp1 YE F M '�/lo/2017 POLIC:. PP Y 411U/'IQl8 LIMITS ,A'.X'COMMERCIALGENERALLIABILrrY CLAIMS•MADE M OCCUR Y "N (x)076T70Q EACHOCCURRENCE.. S1,000.000 D GE TO FtFJ�1TED. l 0O,000 PR 1 S. Eaooni epee MED EXP(AnV one person) . 18xcluded PERSONAL 6 ADV INJURY -: S 1.000000 'GEN'LAGGREGATE LIMIT APPLIES PER: 'POLICY,a j a LOC OTHER: GENERALAGGREGATE s2,000,000 PRODUCTS -colvi OPAGG 'S -2,000,000 ;S . . . . AUTOMOBILE LIABILITY AANNYryAUTO ry AC AUTO ONLY U�T�JJD-ppSyyyy pp -� AUTO ANLY .NUOMNLY .. NOTARFLICABLE - EOMBIN5INGCELIMIT :SXXXXXXX ebbILYINJURY(Perperson) $XXXXXXX BODILY INJURY (Per accident s .XXXXYM Pl20aP.EdRd DAMAGE ""' P XXXXXXX _ 5 B ]{' - uMaRELLAtUABNcLaims-mADE EXCESSLIAB OCCUR i N ,EXC3Uog030900 A00/20i7 '.4/012018 EACH OCCURRENCE S f,'000"000 GGREGATE�s I'-000000DED.RETENTIONS -- $Xxx{xxX WORKERSCOMPENSATION. SATION. A ,ND EMPLOYERS` LIABILITY YIN ANY:PaOPRIETORlPARTNErJEE)XECdO' OFFICERIMEIABF11 EXCLUDED u (A1end.l.y 1. NH) OESCWP ON'.O OPERATIONS beim NIA NOTAPPLICABLE - ., STATure. EL EACH ACCIDENT... S XXXXXXX .. EL DISEASE -EA EMPLOYEExxxxXXXVX EL.DISEABE-POLICY LIMIT xxxxvvvx DESCRIPTION OF.OPERATIONS i LOCATIONS1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space 16 rkulted) All policies include a blanket automatic additional insured (provision) that confers additional insured status to the certificate holderonly iftherc is a written contract between the riamed insured'and the certificate holder that requires the named insured to name the,certificate'liolder as'an additional insured. 4n the absence of such a contractual obligation on the part ofthe named insured, the certificate Bolder is not an additional insured,underthe policy. 15261661 City of Beaumont PO Box 3827 . BdaumontTX 77704 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELNERED IN ACCORDANCE- WITH THE POLICY PROVISIONS. NO The ACORD name antl logo are regislerea. Marits of AGOHD OUNTINUAI IUN DESCRIPTION UP OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS (Use only It more space Is reqs All policies include a blanket notice of cancellation to certificate holders endorsement, providing for 15 days' advance notice if the policy is cancelled by the company other than for nonpayment of premium, 10 days' notice if the policy is_cancelled for.nonpayinent of prernium..Noticeds sent to certificate holders with mailing addresses on file with the agent or the company. The endorsement does.not provide for:notice of cancellation if the named insured requests cancellation. ACORD 25 (2016/03) Certificate Holder ID: 15261661 J BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: June 19, 2018 REQUESTED ACTION: Council consider a resolution authorizing the granting of a Pipeline Agreement with Enterprise TE Products Pipeline Company, LLC. BACKGROUND Enterprise TE Products Pipeline Company, LLC has requested permission to install a 36" carbon steel pipeline to transport hydrocarbon liquids. The 36" pipeline will cross three water lines and one sewer line near FM 3514. The pipeline will be constructed in accordance with City requirements. There is a one-time fee of $500 for each Pipeline License Agreement. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to grant a Pipeline License Agreement to Enterprise TE Products Pipeline Company, LLC, substantially in the form attached hereto as Exhibit "A," to install a thirty-six inch (36") carbon steel pipeline which will cross three (3) water lines and one (1) sewer line near FM 3514 for the purpose of transporting hydrocarbon liquids. Said pipelines are to be constructed in compliance with City requirements. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of June, 2018. - Mayor Becky Ames - CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSEAGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name�nterprise TE Products Pipeline Company LLCBusiness Phone: 713-381-6500 Business Address: P.O. Box4324, Houston, Texas 77210-4324 _ _ _ _ _ _ _ _ _ _ _ The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $500 OOforthe36-inchhydrocarbonliguidspipelinecrossinQFM3514 grants to Enterprise TE Products Pipeline Company LLC Yierein aft- cr called 'Licensee", the license to lay, maintain, operate, replace, or r emove a pipeline forthe transportation of oil, gas, water, or their products, on or across the following property situated in the City of Beaumont, Jefferson County, Texas, and being more particularly described in Exhibit "A" attached hereto and made apart hereof for all purposes. Street Name or R.O.W. Description Length (Linear FeeD FM 3514 - south side in TxDOT ROW - water line (no ROW) 1 EXHIBIT "A" COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: o License Agreement fee $500.00 o Annual fee of $2.25 per linear foot ofpipeline located within Cityproperty. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the Engineering Division and payable to the City of Beaumont prior to construction. This license is granted by the City ofBeaumont subject to conditions. Failure to comply with the following may result in termination of agreement (seepage 8). GENERAL CONDITIONS: o Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street .rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances ofthe City. o All pipelines crossing public rights-of-way shall be bored from right-of-way line to right-of-way line. Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. o The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. 2 o The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. o Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working • thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. o Operations along roadways shall be performed in such a mariner that all excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line. o Barricades, warning signs and lights, and flagpersons shall be provided by the contractor or owner when necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a street' or roadway be allowed. All barricading must be by permit and approved by the City (Public Works Department) in advance. o Any construction which takes place in, on under, above, or across property not owned by the City shall require additional permission- by the owner(s) of the property involved. Written proof of said permission is to be provided to the City as part of the application process. Approval of this license agreement excludes permission to do any construction on property which is not owned by -the City of Beaumont. C o Any licenses, permits or agreements required by another governmental entity (County, State or Federal) shall be obtained and a copy of such document shall be provided to the City. If agreement is not required by said governmental entity, then documentation regarding such will be provided to the City of Beaumont. o Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. o Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. o A map showing the location of the proposed pipeline shall be provided. (1 2,000' City of Beaumont map or United States Geological Survey Map) o The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to any City streets, alley, easements or other property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Public Work's Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. o The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. o The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City and/or the Texas Department of Transportation. o Permits which allow lines to be maintained or constructed in City right -of- way shall be obtained by Licensee or it's contractor prior to beginning maintenance or construction. The fee for such permits is in addition to this License Agreement fee. (See Cost of License) o Installation will be done in accordance with all City standards and statutes of the State of Texas. 4 REQUIRED COVERAGE: o Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: 0 Bodilyinjuries: $ 300,000.00perperson $1,000,000.00 per incident o PropertyDamage: $1,000,000.00 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. o Licensee shall have in force with the City a surety bond in the principal amount of $1,000,000.00. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to anyperson caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall provide that it may not be cancelled, altered, or otherwise modified without giving fifteen (15) days prior written notice to the City. The bond shall be good and in effect for aperiod of one (1) year from the date of completion of construction of the pipeline. o Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. o If the pipeline or any part thereof installed by Licensee shall be in any respect damaged or injured by City or any of its agents or employees In connection with the performance of any work or repairs that may be done upon the property mentioned herein: G Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damage or injuries so sustained by it; however, said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION/MAINTENANCE WITHINR.O.W.: o City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the R.O.W. involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the R.O.W. involved with this license will be the responsibility of the company obtaining said permit. \ Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Department ofPublic Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate- the responsibility of the person(s) requiring the lines to be relocated. - o City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. 0 o Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction of a new street or highway along or over said street, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is in a City street , alley, easement or other right-of- way. NOTIFICATION/INSPECTION: o Any and all work to be performed on City right-of-way (R.O.W.) shall be observed and inspected by a City representative. Any work to be performed within the City limits will ,be subject to periodic inspection to ensure compliance with construction standards. o Licensee shall provide the City (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. o Licensee shall notify the Engineering Division at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. 7 SPECIAL CONDITIONS: Nonassi ng_able The rights granted to Licensee may not be assigned, in whole or in part, without the express written consent of the City, which consent will not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Licensee may assign this License, in whole or in part, without the consent of the City, to any (i) entity that, directly or indirectly, owns or controls, is owned or controlled by, or is under common ownership or control of, Licensee, (ii) entity to whom Licensee has assigned all or substantially all of its assets, or (iii) to any bank, financing institution or other lender, or group thereof, pursuant to the terms of any financing or security agreement or deeds of trust. Should an assignment be accomplished as stated herein, Licensee shall notify City of such assignment as soon as practicable. This license is personal to the Licensee. Any attempt to assign this license in violation of the terms of this provision will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. In the event the City believes that any condition has not been met, the City agrees to provide Licensee with written notice of such failure to meet the condition. If Licensee fails to cure such deficient condition in a reasonable amount of time, the City may terminate this License. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be' given not less than thirty (3 0) days prior to the termination date therein specified. Any written notice maybe effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: CityofBeaumont Name of Licensee: Enterprise TE Products Pipeline Company LLC P.O. Box 3827 Beaumont, Texas 77704 Address ofLicensee: P.O. Box 4324, ATTN: Marc D. Tausend Attn: CityManager City and State ofLicensee: Houston, Texas 77210-4324 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the City Engineer. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. Commencement of work on the pipeline by Licensee after the date of this fally executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this . day of , A.D. 20 ATTEST: City Clerk ATTEST: Lo Secretary CITY OF BEAUMONT, TEXAS - Kyle Hayes, City Manager APPLICANT'S COMPANYNAME: (Licensee) Enterprise TE Products Pipeline Company LLC R resentedby:U9 � Marc D. Tausend, Agent & Attorney -in -Fact Title \pipelines\\pipeline_license agree 9 Revised 12-142007 OR ACCOW "Ea p 00054115o00µ0 A.F.E.—A31113 Kl zo a y" Wink Engineering, LLC PROJECT N0. Faf}OWBER ceu FIFHWE DmN WE 510 MfM arum VW womb u nnr OOD54115000 BOL 02/07/1B (ata) w -oat REV. NO. - DESCRUODN BY DATE APP ENTERPRISE PRODUCTS PREVOB Dn NO. r%t�: BEAUMONT CROSSING UTILITIES — WATERLINE CROSSING - s mum FOR PWff a DWG NO.of BDL m 1D re JEFFERSON COUNTY, TEXAS 1 FOR PBU9T BDL DI i8 Q2A4T—OS—A SHT. 2 9—W o RenFrr B e CEV.2 S �o SNL 1 OF 3 1 JEFFERSON COUNTY, TEXAS / 333' 20' EXISTING AIR UGLADEaPin e 20'/ 77' 367' LST,N2B' St1' 37.98' LANG: W94' 03' 27.08' e • —• • a —e —• a LAT: N27 59' 34.18• LANG: W94 03' 2454• / IAL• N29' 59' 31.32' / LONG: WNW 03' 22.64/ 3 ?R' PROPoSED 38' PIPELINE % (SEE DAG. 50428-NOD-0002 / FOR PLAN & PROFILE) UT: N29' 59' 38.18' / LONG: W94* 03' 272e ELM Eli + a 40 ... .:. ... .�z.z . 40 ..GRADE." " ` °r. OR(DE . 20 ...... D ......... Z 19..: i ........... 25' ............ 23' ............ D _20 PROPOSED 36' PIPEUNE . . . ..... . - -20 (SEE DWG. SD428-TODD-0002 FOR PLAN & PROFI.E) -40 ................ 4:406 .................5+F00 ...................4D PROFILE NOTE: 1. CONTRACTOR WILL PERFORM A HORVDNFK DF=ONK DRLL IN THIS AREA 2_ PIPE SKM - 36' D.D. x M500 W.T. 0I-5L PSL2. XSD 16 MOLS FBE & 30 MILS ARO. 3. TYPE OF PRODUCE. HYDRDWMN UQUIDS ISSUED FOR PERMIT 4. DEPTH MEETS CRY OF BEWMONT'S 5 Mdos11IH OF 08/10/201!3 CLEARANCE 115000 A.F.E.-A3111 V.S 201e Wink Engineering, LLC a me mem a0 om am emc u nan em-oa, PROJECT No. 00054115006 eEA�OSR CJmO DTww nae BDL Oi 18 V". NO. - DCSCFdPnM In am AeP o�.-�«--�. + ENTERPRISE PRODUCTS BEAUMONT CROSSING UTILITIES WATERLINE CROSSING JEFFERSON COUNTY, TEXAS PREvatrs ORO. NR ;T - _ DWG. NO. 5D428-PERUIT-05- 2 Fnn 11 role T� 07 a {� B .2 p SM. 2 OF J JEFFERSON COUNTY, TEXAS HDRILOIRAL D1REC OK DRILL — GAIM PIPE DOX CFR 49. Part 195. Liquid Pq,e9m &40t C(a) P -(ZS t/D>fxE 1. Outride Diameter in (D) 36.= 2 1/06 mkiamn in. 0) 0.500' 3. Material SpecEfwtlons AN 5L. PSL 2 RW. NO. — DEscRIP" By DATE APP 4. Mnhwn YWd Strength (S) 60.000 psi 5. Design Factor (F) See li 195.106(0) 0.50 S. Seam Joint Factor (E) flD� m to to See 9 195.10e(e) (DSAW or 1LSAW) 1.00 7. Mmr. Opem6ng Pressure/MDP 75U� & Design Prelate (P) Cakula6an: (2r69.P1DpeWOK0.50couting0/36.0011.50�/.00 833.0 psis FEE IMF= Presswr: 1125 �g ukh 14-18 mib 11. kswftn MAW& HDD 12 Product Transported: HJdraw+ban Uquids IS$;UECi FOR PERMIT o5/10/ao1e PPeD1E swro", OR Awanr NWW avrc "` 54115000 —A3111 R.TS 201 AE 9 Wink En ineerIn LLC Q, .,.,am.memxeuerwensu>t>r Cgs.) eee-azr 000`.14115000 AF111NBLE aroPlrlWC DAM ML 02 19 RW. NO. — DEscRIP" By DATE APP . ENTERPRISE PRODUCTS BEAUMONT CROSSING UTILITIES WATERLINE CROSSING JEFFERSON COUNTY. TEXAS PFff4" Dr -M SHL— 1 _ M,we auomm reur. /� flD� m to to I:i BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: June 19, 2018 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide Exclusive Water Line Easement. BACKGROUND The Beaumont Independent School District has agreed to convey a ten foot (10') wide exclusive Water Line Easement to the City of Beaumont. The easement is described as being a 0.0107 acre of land situated in the James W. Bullock Survey, Abstract No. 7, Jefferson County, Texas. The easement would allow construction of a 6" water line and fire hydrant. The water line easement is for a new classroom addition at the Beaumont United High School, formerly known as Ozen High School, located at 3443 Fannett Road. FUNDING SOURCE. Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, Beaumont Independent School District (BISD) has agreed to convey one (1) ten foot (10') wide exclusive water line easement, said easement being a 0.0107 acre of land situated in the James W. Bullock Survey, Abstract No. 7, Jefferson County, Texas as described and shown in Exhibit "1," attached hereto, to the City of Beaumont for a new classroom addition at Beaumont United High School located at 3443 Fannett Road; 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 is in the best interest of the City of Beaumont and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT one (1) ten foot (10') wide exclusive water line easement conveyed by Beaumont Independent School District (BISD), being a 0.0107 acre of land situated in the James W. Bullock Survey, Abstract No. 7, Jefferson County, Texas as described and shown in Exhibit "1," attached hereto, be and the same is hereby, in all things, accepted for the stated purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of June, 2018. - Mayor Becky Ames - STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, BEAUMONT INDEPENDENT SCHOOL DISTRICT, of the County of Jefferson, State of Texas, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND N0/100 DOLLAR ($1.00), and other good and valuable consideration to it in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, an easement to use, repair, alter, and maintain a single underground water line and appurtenances on the hereinafter described lands which said easement is under, over, in and across that certain tract or parcel of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A & B", attached hereto and made a part hereof for all purposes. Grantor will have the right to relocate the water line as needed for Grantor's use of the property provided the relocation is at Grantor's expense and approved by the City of Beaumont's Water Utilities Director or similarly -titled representative. The easement herein granted shall be used for the purpose of operating, repairing, rebuilding, replacing, relocating, and removing a water line as needed for operation of Grantor's facilities on the property. The easement shall be exclusive insofar as use of the easement land for underground utilities is concerned, but Grantor reserves the right to use the surface of the EXHIBIT "A" easement land for vehicular parking, driveways, landscaping, fencing, and other surface uses that will not interfere with or damage the water line. Grantor shall have the right to pave all or any portion of the surface of the easement land, but no permanent structures or buildings will be constructed on the easement land. Grantor will install the water line at a depth that will not be damaged by the contemplated use of the surface by Grantor. It is expressly understood and agreed that the City of Beaumont shall have the right of access to the water line and appurtenances at all reasonable times to improve, maintain and operate the same as permitted by law, and will attempt to use existing driveways and that portion of Grantor's property that is immediately adjacent to the water line. Non -emergency maintenance and repairs will be with 48 hours prior notice to Grantor. Grantor will be responsible for the initial installation or construction of the water line on Grantor's property in accordance with the plans and specifications included in the utility plan at Grantor's expense. After initial construction of the water line and acceptance by Grantee, Grantee will be responsible for maintenance and repair of the water line and appurtenances at Grantee's expense. Grantor agrees not to place any structures or appurtenances on or over the water line that will interfere with the use of the Easement for water line purposes. Grantee shall not be responsible for the repair and replacement of any paving or other structures that may be damaged by Grantee's non -negligent maintenance or repair of the water line and appurtenances. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of , 2018. BEAUMONT INDEPENDENT SCHOOL DISTRICT Dr. John W. Frossard, Superintendent ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared Dr. John W. Frossard, Superintendent of BEAUMONT INDEPENDENT SCHOOL DISTRICT known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said BEAUMONT INDEPENDENT SCHOOL DISTRICT, and that he executed the same for the purposes and consideration expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND, SEAL OF OFFICE, this day of 2018. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 Fittz & Shipman INC. Ronald D. Fittz, P.E, R.P.LS. (1948-1987) Terry G. Shipman, P.E, Senior Consultant Billy J. Smith, Jr., President Daniel A. Dotson, P.E., Vice President Centerline Description of a 10' wide Waterline Easement: Consulting Engineers and Land Surveyors Donald R. King, P.E. Bernardino D. Tristan, P.E. Jason R. Davis, P.E. Mitchell L Brackin, R.P.LS. Exhibit "A" June 6, 2018 BEING a 10' wide waterline easement containing 0.0107 acres of land lying in the JAMES W. BULLOCK SURVEY, Abstract No. 7 in Jefferson County, Texas, being out of and a portion of Block No. 2 of the Dixie Gardens, Third Addition of record in Volume 8 on Page 69 of the Map Records of Jefferson County, Texas and being out of and a portion of that certain tract of land conveyed to Beaumont Independent School District (BISD) referenced as Geographic ID No. 016700-000-001000-00000-6 in Jefferson County Appraisal District Records of Jefferson County, Texas, centerline of said 10' wide waterline easement being more particularly described as follows: COMMENCING at a point on the West right -of --way line of South 0' Street (a public roadway), said point having Texas State Plane Coordinate values of N: 13,962,669.65 and E: 3,513,335.16, being in the East line of said BISD tract and being the beginning point of a 10' wide Exclusive Waterline Easement of record in County Clerk's File No. 2011027900 of the Official Public Records of Jefferson County, Texas; THENCE S 86042'58" W along and with the centerline of said 10' wide Exclusive Waterline Easement for a distance of 77.01 feet to an angle point; THENCE N 68059'26" W along and with the said 10' wide Exclusive Waterline Easement for a distance of 7.86 feet to a point on the centerline of the 10' wide Exclusive Waterline Easement; THENCE S 20058'08" W, over and across the said 10' wide Exclusive Waterline Easement for a distance of 5.00 feet to the POINT OF BEGINNING of the herein described centerline, having Texas State Plane Coordinate values of N: 13,962,663.42 and E: 3,513,249.17 and being the Easternmost centerline point; THENCE S 20°58'08" W, over and across the said BISD tract and with the centerline of the herein described 10' wide waterline easement for a distance of 9.58 feet to an angle point on the herein described centerline; - THENCE S 48051'04" W, over and across the said BISD tract and with the centerline of the herein described 10' wide waterline easement for a distance of 36.91 feet to the POINT OF TERMINATION of the herein described centerline easement, containing in area, 0.0107 acres of land, more or less. Plat of even date accompanies this Field Note Description. Fittz & Shipman, INC—Job No. 18037.0001_SV Water Easement 1405 Cornerstone Court • Beaumont, Texas 77706 • (409) 832-7238 . Fax (409) 832-7303 Texas Board of Professional Engineers Firm No. 1160 • Texas Board of Professional Land Surveyors Firm No. 100186 Exhibit "B" \\ \ \\ z�aNcM Wo 0MUNT / Lot 3 adoePf6ft bft. 7 \ \ Dixie Gardens, Third — Block 2 / P.O. T. \ \ Subdivision of Record N: 13,962,630.18 \ V 8, P 69 MRJCT / E. 3,513,217.95 Lot 2 Subject Property / 0 10 20 0.0107 Acres S 48'51'04" W 91' \ S C A L E \ POC = POINT OF COMMENCING POB = POINT OF BEGINNING POT = POINT OF TERMINATION Prop. Concrete /\ Pavements & / \Sidewalks a Lot 13 Prop. Bldg P. O.B. N: 13,962,663 42 o0 \ E. 3,513,249.17 Lot 1 Line Table Line # Direction Length L1 N68'59'26"W 7.86 L2 S20'58'08"W 5.00 L3 S20'58'08"W 9.58 IlBeaurriont Independent School District Geographic ID No. 016700-000-001000-00000-6 JCAD I Lot 14 �0 P. 0. C N:13,962,669.65 E. 3,513,335.16 �.0 10' wide Exclusive Waterline Easement CCF No. 2011027900 OPRJCT / Notes: 1. Feld Note Description of even date accompanies this plat. 2. Coordinates and bearings are derived from Texas State / Plane Coordinates values — South Central Zone No. 4204. �E OF T X �Q. ....................... / Mitchell Lee Brackin '.A 5163��P:'� <9j�P FES 5o��� Q:\PROJECTS\18037 — BISD High School Add Mitchell Lee Brackin Registered Professional Land Surveyor No. 5163 ey\18037.001—SV—WATER EASEMENT.dwg Jun 06, 2018 12 37pm �.ttzh!p:m�an� 1 O' Wide Water Easement SHT. NO. INC. PROJECT NAME: Ozen High School S1 CoAsubV and land SWvq" 3443 Fannett Road 1405 CORNERSTONE COURT, BEAUMONT, TEXAS Beaumont, Texas 77705 PROJECT NO. PH (409) 832-7238 FAX (409) 832-7303 18037.0001_T5 T.B.P.E. FIRM #1160 a T.X.L.S. FIRM #100186 © COPYRIGHT 2018 FITTZ & SHIPMAN, INC.. DATE: Jun 06, 2018 L BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: June 19, 2018 REQUESTED ACTION: Council consider a resolution approving a contract with TNT Wrecker Service for towing and impounding services of uninsured vehicles for use by the Police Department. BACKGROUND On May 19, 2009, Council approved amending Section 20.01.007 of the Code of Ordinances to allow for towing and impounding of vehicles that are not insured or otherwise covered for financial responsibility in accordance with State Law. The towing charge will be the same as that allowed for non -consent tows set out in Section 6.08.004 of the Code of Ordinances which is currently $165.00. Request for proposals were solicited from ten (10) towing service companies and two responses were received. Respondents were requested to provide information on their experience with similar contracts, equipment, personnel, data control software and the size of the auto storage facility. This information was evaluated by a panel of City staff. TNT Wrecker Service of Beaumont received the highest score for a two year contract with three additional one year renewals. Criteria evaluation sheet is attached. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, request for proposals were received for a two (2) year contract, with an option to renew for three (3) additional one (1) year contracts, for towing and impounding services of uninsured vehicles; and, WHEREAS, the towing charge will be the same that is allowed for non -consent tows as set out in Section 6.08.004 of the Code of Ordinances, which is currently one hundred sixty-five dollars ($165.00) per vehicle; and, WHEREAS, TNT Wrecker Service, of Beaumont, Texas, received the highest proposal score by a panel of City staff based on experience with similar contracts, equipment, personnel, data control software and size of the auto storage facility, as shown on Exhibit 'A" attached hereto; and, WHEREAS, City Council is of the opinion that the proposal submitted by TNT Wrecker Service, of Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the proposal submitted by TNT Wrecker Service, of Beaumont, Texas, for a two (2) year contract, with an option to renew for three (3) additional one (1) year contracts, for towing and impounding services of uninsured vehicles be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with TNT Wrecker Service, of Beaumont, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of June, 2018. - Mayor Becky Ames - City of Beaumont Criteria Evaluation for Contract Towing Services for Police Department - Impounding of Vehicles Bid Number: PF0418-18 Bid opening date: 6/07/2018 Criteria Maximum Points TNT Wrecker Service Neff Brothers Automotive Service Relevant Experience 30 24.34 30 Maintenance Program 5 2 4.34 Personnel 15 14 10 Equipment 17 17 10.67 Storage 25 23.34 20 Data Control 7 6.34 6.34 Towing Charge 1, 0 1 Total Points 100 87.02 82.35 EXHIBIT "A" BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JUNE 19, 2018 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1 and 2/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a resolution approving a contract with Delta Specialties Contractors, LLC of Monroe, LA, for the construction of perimeter fencing at the Beaumont Municipal Airport 2. Consider a resolution authorizing the City Manager to execute a Letter Agreement with Jefferson County Drainage District No. 6 for drainage improvements related to the Washington Phase H Project WORK SESSION * Review and discuss authorizing extensions and/or the sale of Temporary Housing Units (THUs) following Hurricane Harvey COMMENTS * Public Comment (Persons are limited to 3 minutes) * Councilmembers/City Manager comment on various matters EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Linda Lee Claim of David Lee Claim of Samuel K. Thibodeaux Claim of Samuel K. Thibodeaux, Jr. Claim of Jormanny R. Williams Claim of Walter Mayfield Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. 1 June 19, 2018 Consider a resolution approving a contract with Delta Specialties Contractors, LLC of Monroe, LA, for the construction of perimeter fencing at the Beaumont Municipal Airport BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: June 19, 2018 REQUESTED ACTION: Council consider a resolution approving a contract with Delta Specialties Contractors, LLC of Monroe, LA, for the construction of perimeter fencing at the Beaumont Municipal Airport. C X _15114-1001-1] Currently, the Beaumont Municipal Airport has a 6 -foot chain -linked fence with three strands of barbed wire on top in front of the airport and a 4 -foot barbed wire fence on the other three sides of the airport. Surrounding wildlife has been able to enter the airport grounds which is creating an unsafe environment for aircraft utilizing the taxiways and runways. The Federal Aviation Administration (FAA) has recommended that we replace the three sides of barbed wire fencing with a 10 -foot chain -linked fence to better secure the airport grounds from wildlife. Bids were requested from eleven (11) vendors with seven responses received. The low qualified bid is in the amount of $308,000. The contractor will complete the project in 70 days FUNDING SOURCE Beaumont Municipal Airport Fund. RECOMMENDATION Approval of the resolution. The bid tabulation is attached. RESOLUTION NO. WHEREAS, bids were received for a contract for the construction of perimeter fencing a the Beaumont Municipal Airport; and, WHEREAS, Delta Specialty Contractors, LLC, of Monroe, Louisiana, submitted a bid in the amount of $308,000.00, as shown on Exhibit "A," attached hereto; and, WHEREAS, City Council is of the opinion that the bid submitted by Delta Specialty Contractors, LLC, of Monroe, Louisiana, is the lowest responsible bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Delta Specialty Contractors, LLC, of Monroe, Louisiana, for the construction of perimeter fencing at the Beaumont Municipal Airport in the amount of $308,000.00, as shown on Exhibit "A," attached hereto, be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Delta Specialty Contractors, LLC for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of June, 2018. - Mayor Becky Ames - CITY OF BEAUMONT - PURCHASING DIVISION B EAU MO NT 409-880-3107enior Buyer T Ell A 5 terry.welch(Mbeaumonttexas Contract to Construct Perimeter Fencing at the Beaumont Municipal BID TABULATION: Airport. BID No. TF0518-26 OPENING DATE: Thursday, May 24, 2018 Vendor Cit State Delta Specialty Contractors, LLC Monroe, La Swift Corporation, LLC Round Rock Tx Description Total Bid Price Total Bid Price Base Bid for Scope of Work as Specified $308,000.00 $355,000.00 Days to complete: 70 90-120 Vendor City / State Al Maida Fence Co Beaumont, Tx U.S. Fence and Gate, Inc. Orange, Tx Description Total Bid Price Total Bid Price Base Bid for Scope of Work as Specified $359,997.00 $398,487.00 Days to complete: 90 90 Vendor Ci State Commercial Fence Co., Inc. Pasadena Tx Preferred Contractors, LLC Sour Lake Tx Description Total Bid Price Total Bid Price Base Bid for Scope of Work as Specified $427,838.10 $458,865.00 Days to complete: 125 120 Vendor City / State Foster Fence LTD Houston, Tx Description Total Bid Price Base Bid for Scope of Work as Specified $548,163.00 Days to; complete: 50 Low qualified bidder is Delta Specialty Contractors, LLC EXHIBIT "A" 2 June 19, 2018 Consider a resolution authorizing the City Manager to execute a Letter Agreement with Jefferson County Drainage District No. 6 for drainage improvements related to the Washington Phase II Project BEAUMONT TEXAS TO: City Council FROM: _ Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: June 19, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a Letter Agreement with Jefferson County Drainage District No. 6 for drainage improvements related to the Washington Phase II Project. BACKGROUND The City of Beaumont and DD6 are working to improve drainage within the Washington Boulevard area. DD6 will install a 60 -inch pipe from the Washington Blvd. north right of way northerly into their Ditch No. 110. DD6 has agreed to supply all manpower and equipment with the City purchasing all of the materials. The estimated cost of the project is $120,000. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. - - ''k�'•.'"�. •-�. � . . r ,`fix' '41 .g -., n A 1Ji?i �•ll i.=l 5 ` . .. -L'.,. �4• - • � MM - rye. -:- r .. - < y h ... :.�•w�!'s?... ft ^ T ' o ,r•Y'itygl�Wp96i M!.4^'�:7.,b". ....__ - w ..j . 1 „ Fp •'t Yy - I:'�: (ii.""` ..... ��? `. '..''�. sr _.s+x.Y�asi•+L:..xiw : Y ., _ _ _ ,r-.......:. ase � .. 27 7r'^' 'I'P�:•r �f✓� _,Mv.Cw.r4-:�j� ..keRL .. .�q`` $ ,;2t�cS^PI, .. ,. 1 i t ir p ` _-.•.-rF •'O_:'�S o t,i :Si! -0;! F.�'•(, .a'Aa` (. • R:� _ 7i , e�^, r t.. l:.'i^'',.r _ •-i ': _ Ty :a.5.il'lll" 101.1-{3�V _ 9 Y d : w;•c� - ....., _. .... .�, ,,. _.,.Y.y�,,,;...::'.. ..� •..<` '�`�'*>µ"�ys-"--' ..T. _ ,r ... __rrva;�':_r'.rw.•. ,-,u�l •,> ,- .... �� y•4 y;, ,.• 1 P; jr .-• r rCi. � � Y •�y� ��'4, rh d�v� F•��: .. �L RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Letter Agreement between the City of Beaumont and Jefferson County Drainage District No. 6 (JCDD6) for drainage improvements along the Washington Boulevard Phase II Project and JCDD6 Ditch No. 110-C. The Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of June, 2018. - Mayor Becky Ames - Board of Directors: Joshua W. Allen, Sr. Charles "Chuck" Guillory Miriam K. Johnson Bart L. Owens Bernie Daleo Yefferson County mora n ge District V. 6 6550 Wafden Rd, Beaumont, Tew 77707 Telephone (409) 842-1818 faX (409) 842 2729 Fstab&fied in 1920 April 23, . 2018 Judge Richard P. LeBlanc, Jr. General Manager Doug S. Canant, Jr., PE, RPLS, CFM District Engineer Chuck Oakley, CFA Chief Financial officer Karen J. Stewart, BOA, CTP Business Manager Stephen LeBlanc Operations Manager John Murff Project Manager Nelson Ninon Superintendent THE CITY OF BEAUMONT and JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 LETTER OF AGREEMENT DITCH NO. 110-C DRAINAGE IMPROVEMENTS This Agreement ("the Agreement") is entered between the City of Beaumont, a municipal corporation of Jefferson County, Texas (hereinafter called "City") and Jefferson County Drainage District No. 6, a special district of the State of Texas (hereinafter called "DD6"). The City and DD6 will be working together to support the City of Beaumont's Washington Blvd. Project and the DD6's Elinor Street Relief Grant Project. Both of these projects will improve drainage of the area. DD6 and the City have agreed to the following: 1. DD6 will install a 60 -inch HDPE culvert from the Washington Blvd. north right of way line northerly into JCDD6 Ditch No. 110. 2. The proposed 60 -inch culvert will be installed generally as shown on the attached sketch near Washington and tie into the existing concrete lined JCDD6 Ditch No. 110. 3. DD6 will construct a new box generally as shown on the attached sketch. 4. DD6 will demolish the existing manhole and extend the 54 -inch culvert to the new box, as shown on the attached sketch. 5. The City will purchase and/or reimburse DD6 for all materials i.e., culvert, cement stabilized backfill, culvert bedding, concrete and rebar. EXHIBIT "A" Drainage, Stmm'Water M=genrrenti flood icontrg *claraallon and cons.,W. City of Beaumont / Drainage District No. 6 Letter of Agreement - April 23, 2018 Ditch No. 110-C Drainage Improvements 6. DD6 will supply all manpower and equipment and rent the trench box. 7. DD6 will dress and seed the disturbed areas at its expense. 8. DD6 will provide a survey and metes and bounds for the preparation of a Drainage Easement for the 0.018 proposed easement, as shown on the attached sketch. 9. The City will prepare the easement, contact the landowner, and negotiate and acquire the 0.018 -acre easement. 10. Once the new culvert and box project is complete, the culvert will become the responsibility of the - City and, if possible, the existing easement will be conveyed from DD6 to the City; between Washington Blvd. and JCDD6 Ditch No. 110's south right of way line. 11. The City will construct the new 60 -inch culvert in the Washington Blvd. right-of-way and extend it to the north right-of-way line, as shown on the attached sketch. 12. The City will install, at no cost to DD6, a junction box with a 60 -inch culvert heading north and a 48 -inch culvert heading south in the 8th Street intersection, with the locations to be determined. This item is in anticipation of a future DD6 project called the Elinore Street Relief, so that at the time of the project, Washington Blvd. will not need to be disturbed. AGREED TO and APPROVED BY: JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 6550 Walden Road Beaumont, Texas 77707 W. ALLEN, SR. Title.(.�v�'SHUA resi nt, and of ircctors Dated: n2 ko CITY OF BEAUMONT 801 Main, Suite 300 Beaumont, Texas 77701 KYLE HAYES . Title: Manager, City of Beaumont Dated: Attachment: 1 - Ditch No. 110-C Agreement Sketch DC/pk winword/Agreements Page 2 '' � � • ��' 'F � � ��c� F' }fit ��5,� r 3r �a �tr � q� ,,,X _� 5 tom•. m� � �`'w�+S A,� At �F " , 'a. r �l�, aXfiend 54� ' uwerfr rte: Existing: Lf t xeRI iistng Right',-of—Way Em aseent. ,r Jefferson Count}i; D D:6, 5 ' `; ' t rpt �� 'dt '" IC-D.R. Vol. .'Y `�.. • .. fpr , '. 7f''r% w�'" .b J' h, h, t r,`, 4 c0 lO++�4_ _`.*..' u� A .+4 Called 0 415, Acres'= G �:'f,•i4'2 7 « 1tkQ111OIe �'k+•.. Easmrwnm I I 44 ° in, Proposed. 60 Washington B{vd. �... �.. Ditch 110—C Agreement Sketch WORK SESSION Review and discuss authorizing extensions and/or the sale of Temporary Housing Units (THUS) following Hurricane Harvey BEAUMONT TEXAS Work Session TO: City Council FROM: Kyle Hayes, Ci Manager CS�� PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: June 19, 2018 REQUESTED ACTION: Council conduct a Work Session to review and discuss authorizing extensions and/or the sale of Temporary Housing Units (THUs) following Hurricane Harvey. Following the flooding caused by Hurricane Harvey, The Texas General Land Office (GLO) and The Federal Emergency Management Agency (FEMA) worked to provide temporary housing in the form of Temporary Housing Units (THUS) in the form of portable, manufactured homes or recreational vehicles. City Council allowed the placement of these temporary units by authorizing a one-year suspension of the zoning rules that normally prohibit such placement. As of June, 2018 the City has permitted approximately one hundred (100) THUs within the city. As we are approaching the one-year anniversary of the storm, the GLO and FEMA are now asking for each jurisdiction's policies on extensions and/or the sale of these units to individual residents. Given that the long-term housing recovery programs are only now beginning to be implemented by the GLO, staff supports time extensions for the use of the THUs and will soon ask for a formal extension of the zoning waiver to allow them. Specifically, we expect that the Administration will recommend a six-month blanket extension to the zoning waiver and then ask that future extensions be reviewed on a case-by-case basis, similar to the process used following Hurricane Ike. With regard to the sale of the units, staff would recommend against this given that a significant amount of time, effort and expense were necessary to achieve zoning compliance following Hurricanes Rita and Ike. In some instances, zoning violations persisted for years. This is of particular concern, given the susceptibility of some of these units to wind and flood events. It should be noted that several of the units have been placed within the floodplain and as such are especially at risk of flooding.