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HomeMy WebLinkAboutPACKET AUG 07 2018BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS August 7, 2018 1:30 PM CONSENT AGENDA * Approval of minutes — July 31, 2018 * Confirmation of board and commission member appointments A. Authorize the City Manager to apply for and receive funding through the Edward Byrne Memorial Justice Assistance Grant program and to execute all documents necessary, including an inter -local agreement with the City of Port Arthur, Texas and Jefferson County, Texas in order to request these funds B. Authorize the City Manager to execute an Earnest Money Contract and other related documents for the sale of a city -owned 40 acre tract located near the Wastewater Treatment facility located at 4900 Lafm Drive C. Authorize the City Manager and Chief of Police to execute an Interlocal Agreement with Spindletop (MHMR) and to accept up to $65,280 for equipment expenses D. Approve a contract with Marsh Waterproofmg, Inc. of Vidor for painting and related services for use by various City facilities Ii OA TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: August 7, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to apply for and receive funding through the Edward Byrne Memorial Justice Assistance Grant program and to execute all documents necessary, including an inter -local agreement with the City of Port Arthur, Texas and Jefferson County, Texas in order to request these funds. BACKGROUND The City of Beaumont has been awarded funding through the Edward Byrne Memorial Justice Assistance Grant program for the past twelve years. The funding has been used to upgrade technology through the purchase of computer hardware and software, purchase additional officer safety equipment and to fund several community policing programs. Due to Jefferson County being designated a disparate jurisdiction by the Department of Justice, an inter -local agreement must be filed with the joint application, and the agencies must agree to funding allocations prior to application for funding. Total allocation for 2018 is $112,976 of which, $70,059 will be allocated to Beaumont, $25,971 to Port Arthur and $16,946 to Jefferson County. Funds awarded to Beaumont will be used for the Technology Enhancement Program. FUNDING SOURCE No matching funds are required. RECOMMENDATION Approval of resolution. GMS Application Number 2018 -H3320 -TX -DJ Resolution No. The State of Texas )( County of Jefferson )( City of Beaumont, Texas )( Know All by These Present City of Port Arthur, Texas )( Inter -Local Agreement Between the County of Jefferson, Texas; City of Beaumont, Texas; and City of Port Arthur, Texas 2018 Edward Byrne Justice Assistance Grant (JAG) Program Award This Agreement is made and entered into this day of 2018, by and between The County of Jefferson, Texas acting by and through its governing body, the Commissioners Court; the City of Beaumont, Texas acting by and through its governing body, the City Council; and the City of Port Arthur, Texas acting by and through its governing body, the City Council, witnesseth: WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party: and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of all parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement: and WHEREAS, the total funding allocation is $112,976; and the City of Beaumont, Texas, and the City of Port Arthur, Texas, agree to provide Jefferson County, Texas $16,946 from the JAG award and the City of Beaumont, Texas, and the City of Port Arthur, Texas agree to allocate the remaining funds as follows: $70,059 to the City of Beaumont, Texas, and $25,971 to the City of Port Arthur, Texas. WHEREAS, Jefferson County, Texas, the City of Beaumont, Texas, and the City of Port Arthur, Texas, believe it to be in their best interests to reallocate the JAG funds. NOW THEREFORE, Jefferson County, Texas, the City of Beaumont, Texas, and the City of Port Arthur, Texas agree as follows: Section 1. The City of Beaumont, Texas and the City of Port Arthur, Texas agree to provide Jefferson County, Texas $16,946 from the JAG award; and the City of Beaumont, Texas and the City of Port Arthur, Texas agree to allocate the remaining funds as follows: $70,059 to the City of Beaumont, Texas; and $25,971 to the City of Port Arthur, Texas Section 2. Jefferson County, Texas agrees to use the funding for the Technology Enhancement Program until 2021. The City of Beaumont, Texas agrees to use the funding for the Technology Enhancement Program until 2021. The City of Port Arthur, Texas agrees to use the funding for the Technology Enhancement Program until 2021. GMS Application Number 2018 -H3320 -TX -DJ Section 3. Each party to this agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 4. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 5. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. Section 6. The City of Beaumont agrees to act as the fiscal agent in applying for, dispersing, monitoring, and reporting for this JAG funding. City of Beaumont, Texas CITY MANAGER City of Port Arthur, Texas CITY MANAGER Jefferson County, Texas COUNTY JUDGE *By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our view of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval and should seek review and approval by their own respective attorney(s). 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 apply for and receive funding for the City of Beaumont in the amount of $112,976 from the Edward Byrne Memorial Justice Assistance Grant Program for law enforcement equipment and programs; and, BE IT FURTHER .RESOLVED that the City Manager be and he is hereby authorized to execute an interlocal agreement to reallocate funds in the amounts of $25,971 to the City of Port Arthur and $16,946 to Jefferson County. 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 7th day of August, 2018. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: August 7, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an Earnest Money Contract and other related documents for the sale of a city -owned 40 acre tract located near the Wastewater Treatment facility located at 4900 Lafm Drive. BACKGROUND Wheeler Commercial has secured one (1) potential buyer who is interested in purchasing city -owned property located near the Wastewater Treatment facility. After reviewing the Earnest Money Contract, it is in the best interest of the City of Beaumont to execute the Earnest Money Contract with B&L International, LLC with a cash offer in the amount of $80,000. B&L International, LLC will deposit $4,000.00 as earnest money to Texas Regional Title for a feasibility period of 30 days. If B&L International, LLC terminates the earnest money contract, $1,000.00 of the earnest money will not be refunded to ImpactHealthServices, PLLC. The date of closing will be seven (7) days after the expiration of the feasibility period. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. TEXAS ASSOCIATION OF REALTORS@ COMMERCIAL CONTRACT v UNIMPROVED PROPERTY USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS® IS NOT AUTHORIZED. ®Texas Assoclatlon of REALTORS&, Inc. 2016 1. PARTIES: Seller agrees to sell and convey to Buyer the Properly described in Paragraph 2. Buyer agrees to'buy the Property from Seller for the sales price stated in Paragraph 3. The parties to this contract are: Seller: Citv of Beaumont Address: 801 Main Street, Beaumont, TX 77701 Phone: (409)880-3152 E-mail: antoinette.hardy@beaumonttexas.gov Fax: Other: Buyer: B&L International, LLC, a Texas limited liability company Address: 9405 College Street, Ste. A, Beaumont, TX 77707 Phone: E-mail: rcwalker54@yahoo.com Fax: Other: 2. PROPERTY: A. "Property" means that real property situated in Jefferson County, Texas at See Exhibit A (address) and that is legally described on the attached Exhibit A or as follows: B. Seller will sell and convey the Property together with: (1) all rights, privileges, and appurtenances pertaining to the Property, including Seller's right, title, and interest in any minerals, utilities, adjacent streets, alleys, strips, gores, and rights-of-way; (2) Seller's interest in all leases, rents, and security deposits for all or part of the Property; and (3) Seller's interest in all licenses and permits related to the Property. (Describe any exceptions, reservations, or restrictions in Paragraph 12 or an addendum.) (If mineral rights are to be reserved an appropriate addendum should be attached.) 3. SALES PRICE: A. At or before closing, Buyer will pay the following sales price for the Property: (1) Cash portion payable by Buyer at closing ........................ $ _ 80,000.00 (2) Sum of all financing described in Paragraph 4 .................... $ (3) Sales price (sum of 3A(1) and 3A(2)) ........................... $ 80,000.00 (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer i4L) Page 1 of 13 Wheeler Coro.rL1,4700rlrons Street, 1311. Floor Heuemont TX 7T701 Phone: 409-699-3100 1 Fax 409.899-3701 40 Ades -city of Erim Coss Produced vAlh zipForm® by zlpLoglx 18070 Fifteen Mile Road, Fraser, Mlchlgan 48026 www.ztologix.com Commercial Contract - Unimproved Property concerning B. Adjustment to Sales Price: (Check (1) or (2) only.) ❑X (1) The sales price will not be adjusted. based on a survey. ❑ (2) The sales price will be adjusted based on the latest survey obtained under Paragraph 6B. (a) The sales price is calculated on the basis of $ per: ❑(i) square foot of ❑ total area ❑ net area. (ii) acre of ❑ total area ❑ net area. (b) 01 "Total area" means all land area within the perimeter boundaries of the Property. "Net area" means total area less any area of the Property within: (i) public roadways; (ii) rights-of-way and easements other than those that directly provide utility services to the Property; and ❑ (iii) (c) If the sales price is adjusted by more than % of the stated sales price, either party may terminate this contract by providing written notice to the other party within days after the terminating party receives the survey. If neither party terminates this contract or if the variance is less than the stated percentage, the adjustment to the sales price will be made to the cash portion of the sales price payable by Buyer. 4. FINANCING: Buyer will finance the portion of the sales price under Paragraph 3A(2) as follows: ❑ A. Third Party Financing: One or more third party loans in the total amount of $ This contract: H (1) is not contingent upon Buyer obtaining third party financing. (2) is contingent upon Buyer obtaining third party financing in accordance with the attached Commercial Contract Financing Addendum (TAR -1931). ❑ B. Assumption: In accordance with the attached Commercial Contract Financing Addendum (TAR -1931), Buyer will assume the existing promissory note secured by the Property, which balance at closing will be $ ❑ C. Seller Financing: The delivery of a promissory note and deed of trust to Seller under the terms of the attached Commercial Contract Financing Addendum (TAR -1931) in the amount of 5. EARNEST MONEY: A. Not later than 3 days after the effective date, Buyer must deposit $ $4,000.00 as earnest money with Texas Regional Title Company (title company) at 7675 Folsom, Bldg 100 Beaumont, TX 77706 (address) Molly Mallet (closer). If Buyer fails to timely deposit the earnest money, Seller may terminate this contract or exercise any of Seller's other remedies under Paragraph 15 by providing written notice to Buyer before Buyer deposits the earnest money. B. Buyer will deposit an additional amount of $ with the title company to be made part of the earnest money on or before: ❑ (i) days after Buyer's right to terminate under Paragraph 7B expires; or Buyer will be in default if Buyer fails to deposit the additional amount required by this Paragraph 513 within 3 days after Seller notifies Buyer that Buyer has not timely deposited the additional amount. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer Page 2 of 13 Produced with zipFormO by zipLoglx 18070 Fifteen Mile Road, Fraser, Michigan 48026 40 Acm - City i,f Commercial Contract - Unimproved Property concerning See Exhibit A C. Buyer may instruct the title company to deposit the earnest money in an interest-bearing account at a federally insured financial institution and to credit any interest to Buyer. 6. TITLE POLICY AND SURVEY: A. Title Policy: (1) Seller, at Seller's expense, will furnish Buyer an Owner's Policy of Title Insurance (the title policy) issued by any underwriter of the title company in the amount of the sales price, dated at or after closing, insuring Buyer against loss under the title policy, subject only to: (a) those title exceptions permitted by this contract or as may be approved by Buyer in writing; and (b) the standard printed exceptions contained in the promulgated form of title policy unless this contract provides otherwise. (2) The standard printed exception as to discrepancies, conflicts, or shortages in area and boundary lines, or any encroachments or protrusions, or any overlapping improvements: ❑K (a) will not be amended or deleted from the title policy. (b) will be amended to read "shortages in areas" at the expense of ❑ Buyer ❑ Seller. (3) Within days after the effective date, Seller will furnish Buyer a commitment for title insurance (the commitment) including legible copies of recorded documents evidencing title exceptions. Seller authorizes the title company to deliver the commitment and related documents to Buyer at Buyer's address. B. Survey: Within 10 days after the effective date: ❑ (1) Buyer will obtain a survey of the Property at Buyer's expense and deliver a copy of the survey to Seller. The survey must be made in accordance with the: (i) ALTA/ACSM Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. Seller will reimburse Buyer (insert amount) of the cost of the survey at closing, if closing occurs. ❑ (2) Seller, at Seller's expense, will furnish Buyer a survey of the Property dated after the effective date. The survey must be made in accordance with the: (i) ALTA/ACSM Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. K❑ (3) Seller will deliver to Buyer and the title company a true and correct copy of Seller's most recent survey of the Property along with an affidavit required by the title company for approval of the existing survey. if the existing suicvey is fiet eeeeptable te the title eempaiiy, Seilele, at Selleic'e will .....i....Fse Celle C. Buyer's Objections to the Commitment and Survey: (1) Within 5, days after Buyer receives the commitment, copies of the documents evidencing the title exceptions, and any required survey, Buyer may object in writing to matters disclosed in the items if: (a) the matters disclosed are a restriction upon the Property or constitute a defect or encumbrance to title other than those permitted by this contract or liens that Seller will satisfy at closing or Buyer will assume at closing; or (b) the items show that any part of the Property lies in a special flood hazard area (an "A" or "V" zone as defined by FEMA). If Paragraph 6B(1) applies, (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer 1 v" Page 3 of 13 Produced with zipFonnO tri zipLogix 18070 Fifteen Mile Road, Fraser. Michigan 48026 wrnv intimi. corn 40 Acres- City or Commercial Contract- Unimproved Property concerning See Exhibit A Buyer is deemed to receive the survey on the earlier of. (i) the date of Buyer's actual receipt of the survey; or (ii) of the deadline specified in Paragraph 6B. (2) Seller may, but is not obligated to, cure Buyer's timely objections within 15 days after Seller receives the objections. The closing date will be extended as necessary to provide such time to cure the objections. If Seller fails to cure the objections by the time required, Buyer may terminate this contract by providing written notice to Seller within 5 days after the time by which Seller must cure the objections. If Buyer terminates, the earnest money, less any independent consideration. under Paragraph 713(1), will be refunded to Buyer. (3) Buyer's failure to timely object or terminate under this Paragraph 6C is a waiver of Buyer's right to object except that Buyer will not waive the requirements in Schedule C of the commitment. 7. PROPERTY CONDITION: A. Present Condition: Buyer accepts the Property in its present condition except that Seller, at Seller's expense, will complete the following before closing: B. Feasibility Period: Buyer may terminate this contract for any reason within 30 days after the effective date (feasibility period) by providing Seller written notice of termination. (Check only one box.) XI (1) If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer less $ 1,000.00 that Seller will retain as independent consideration for Buyer's unrestricted right to terminate. Buyer has tendered the independent consideration to Seller upon payment of the amount specified in Paragraph 5A to the title company. The independent consideration is to be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this Paragraph 7B(1) or if Buyer fails to deposit the independent consideration. Buyer will not have the right to terminate under this Paragraph 7B. ❑ (2) Not later than 3 days after the effective date, Buyer must pay Seller $ as independent consideration for Buyer's right to terminate by tendering such amount to Seller or Seller's agent. If Buyer terminates under this Paragraph 713, the earnest money will be refunded to Buyer and Seller will retain the independent consideration. The independent consideration will be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this Paragraph 7B(2) or if Buyer fails to pay the earnest money. Buyer will not have the right to terminate under this Paraoraph 7B. C. Inspections. Studies. or Assessments: (1) During the feasibility period, Buyer, at Buyer's expense, may complete or cause to be completed any and all inspections, studies, or assessments of the Property (including all improvements and fixtures) desired by Buyer. (2) Buyer must: (a) employ only trained and qualified inspectors and assessors; (b) notify Seller, in advance, of when the inspectors or assessors will be on the Property; (c) abide by any reasonable entry rules or requirements of Seller; (d) not interfere with existing operations or occupants of the Property; and (e) restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer Page 4 of 13 Produced with zlpForrn© by apLegix 1 Bolo Fifteen Mile Road, Fraser. Michigan 48026 40 Acres- City or Commercial Contract - Unimproved Property concerning see Exhibit A (3) Except for those matters that arise from the negligence of Seller or Seller's agents, Buyer is responsible for any claim, liability, encumbrance, cause of action, and expense resulting from Buyer's inspections, studies, or assessments, including any property damage or personal injury. .Buyer will indemnify, hold harmless, and defend Seller and Seller's agents against any claim involving a matter for which Buyer is responsible under this paragraph. This paragraph survives termination of this contract. D. Property Information: (1) Delivery of Property Information: Within N/A days after the effective date, Seller will deliver to Buyer: (Check all that apply.) F1(a) copies of all current leases pertaining to the Property, including any modifications, supplements, or amendments to the leases; ❑ (b) copies of all notes and deeds of trust against the Property that Buyer will assume or that Seller will not pay in full on or before closing; ❑ (c) copies of all previous environmental assessments, geotechnical reports, studies, or analyses made on or relating to the Property; (d) copies property tax statements for the Property for the previous 2 calendar years; (e) plats of the Property; (f) copies of current utility capacity letters from the Property's water and sewer service provider; and ❑ (g) (2) Return of Property Information: If this contract terminates for any reason, Buyer will, not later than 10 days after the termination date: (Check all that apply.) ❑ (a) return to Seller all those items described in Paragraph 7D(1) that Seller delivered to Buyer in other than an electronic format and all copies that Buyer made of those items; ❑ (b) delete or destroy all electronic versions of those items described in Paragraph 7D(1) that Seller delivered to Buyer or Buyer copied; and X❑ (c) deliver copies of all inspection and assessment reports related to the Property that Buyer completed or caused to be completed. This Paragraph 7D(2) survives termination of this contract. E. Contracts Affecting Operations: Until closing, Seller: (1) will operate the Property in the same manner as on the effective date under reasonably prudent business standards; and (2) will not transfer or dispose of any part of the Property, any interest or right in the Property, or any of the personal property or other items described in Paragraph 2B or sold under this contract. After the feasibility period ends, Seller may not enter into, amend, or terminate, any other contract that affects the operations of the Property without Buyer's written approval. 8. LEASES: .A. Each written lease Seller is to assign to Buyer under this contract must be in full force and effect according to its terms. Seller may not enter into any new lease, fail to comply with any existing lease, or make any amendment or modification to any existing lease without Buyer's written consent. Seller must disclose, in writing, if any of the following exist at the time Seller provides the leases to the Buyer - or subsequently occur before closing: (1) any failure by Seller to comply with Seller's obligations under the leases; (2) any circumstances under any lease that entitle the tenant to terminate the lease or seek any offsets or damages; (3) any advance sums paid by a tenant under any lease; (4) any concessions, bonuses, free rents, rebates, brokerage commissions, or other matters that affect any lease; and (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer, Page 5 of 13 Produced with ziff=9 by zipLogix 18070 Fifteen We Road, Fraser, Michigan 48026 vn4w.71oLooix cam 40 Ac=i - city or Commercial Contract - Unimproved Property concerning See Exhibit A (5) any amounts payable under the leases that have been assigned or encumbered, except as security for loan(s) assumed or taken subject to under this contract. B. Estoppel Certificates: Within N/A days after the effective date, Seller will deliver to Buyer estoppel certificates signed not earlier than by each tenant that leases space in the Property. The estoppel certificates must include the certifications contained in the current version of TAR Form 1938 - Commercial Tenant Estoppel Certificate and any additional information requested by a third party lender providing financing under Paragraph 4 if the third party lender requests such additional information at least 10 days prior to the earliest date that Seller may deliver the signed estoppel certificates, 9. BROKERS: A. The brokers to this sale are: Principal Broker: KenWheel, Inc. dba Wheeler Cooperating Broker. Commercial Agent: Erica C. Goss Agent: _ Address: 460 Bowie Street Address: Beaumont, TX 77701 _ Phone & Fax: (409)899-3300 (409)899-3301 E-mail: egoss(a.)wheeler-commercial.com License No.: 679943 Phone & Fax: E-mail: License No.: Principal Broker: (Check only one box.) Cooperating Broker represents Buyer. X represents Seller only. represents Buyer only. is an intermediary between Seller and Buyer. 'B. Fees: (Check only (1) or (2) below.) (Complete the Agreement Between Brokers on page 13 only if (1) is selected.) ❑ (1) Seller will pay Principal Broker the fee specified by separate written commission agreement between Principal Broker and Seller. Principal Broker will pay Cooperating Broker the fee specified in the Agreement Between Brokers found below the parties' signatures to this contract. XD (2) At the closing of this sale, Seller will pay: Principal Broker a total cash fee of: Cooperating Broker a total cash fee of: X8 3.000 % of the sales price. H % of the sales price. The cash fees will be paid in Jefferson County, Texas. Seller authorizes the title company to pay the brokers from the Seller's proceeds at closing. NOTICE: Chapter 62, Texas Property Code, authorizes a broker to secure an earned commission with a lien against the Property. C. The parties may not amend this Paragraph 9 without the written consent of the brokers affected by the amendment. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer -.(,W, Page 6 of 13 Produced with xipFomfO by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www • inLoatx.com 40 Ac - Clay or Commercial Contract - Unimproved Property concerning See Exhibit A 10. CLOSING: A. The date of the closing of the sale (closing date) will be on or before the later of: (1) X 7 days after the expiration of the feasibility period. (specific date). (2) 7 days after objections made under Paragraph 6C have been cured or waived. B., If either party fails to close by the closing date,, the non -defaulting party may exercise the remedies in Paragraph 15. C. At closing, Seller will execute and deliver, at Seller's expense, a ❑ general ❑X special warranty deed. The deed must include a vendor's lien if any ,part of the sales price is financed. The deed must convey good and indefeasible title to the Property and show no exceptions other than those permitted under Paragraph 6 or other provisions of this contract. Seller must convey the Property: (1) with no liens, assessments, or other security interests against the Property which will not be satisfied out of the sales price, unless securing loans Buyer assumes; (2) without any assumed loans in default; and (3) with no persons in possession of any part of the Property as lessees, tenants at sufferance, or trespassers except tenants under the written leases assigned to Buyer under this contract. D. At closing, Seller, at Seller's expense, will also deliver to Buyer: (1) tax statements showing no delinquent taxes on the Property; (2) an assignment of all leases to or on the Property; (3) to the extent assignable, an assignment to Buyer of any licenses and permits related to the Property; (4) evidence that the person executing this contract is legally capable and authorized to bind Seller; (5) an affidavit acceptable to the title company stating that Seller is not a foreign person or, if Seller is a foreign person, a written authorization for the title company to: (i) withhold from Seller's proceeds an amount sufficient to comply applicable tax law; and (ii) deliver the amount to the Internal Revenue Service (IRS) together with appropriate tax forms; and (6) any notices, statements, certificates, affidavits, releases, and other documents required by this contract, the commitment, or law necessary for the closing of the sale and issuance of the title policy, all of which must be completed by Seller as necessary. E. At closing, Buyer will: (1) pay the sales price in good funds acceptable to the title company; (2) deliver evidence that the person executing this contract is legally capable and authorized to bind Buyer; (3) sign and send to each tenant in a lease for any part of the Property a written statement that: (a) acknowledges Buyer has received and is responsible for the tenant's security deposit; and (b) specifies the exact dollar amount of the security deposit; (4) sign an assumption of all leases then in effect; and (5) execute and deliver any notices, statements, certificates, or other documents required by this contract or law necessary to close the sale. F. Unless the parties agree otherwise, the closing documents will be as found in the basic forms in the current edition of the State Bar of Texas Real Estate Forms Manual without any additional clauses. 11. POSSESSION: Seller will deliver possession of the Property to Buyer upon .closing and funding of this sale in its present condition with any repairs Seller is obligated to complete under this contract, ordinary wear and tear excepted. Any possession by Buyer before closing or by Seller after closing that is not authorized by a separate written lease agreement is a landlord -tenant at sufferance relationship between the parties. (TAR -1802) 1-1-16 Initialed for Identification by Seller_,_and Buyer , Page 7 of 13 Produced with zipFonn® by zipLogix 18070 Fifteen Mile Road. Fraser. Michigan 48026 wWW.tloLoaix.com 40 Acres - City of Commercial Contract - Unimproved Property con ceming See Exhibit A 12. SPECIAL PROVISIONS: The following special provisions apply and will control in the event of a conflict with other provisions of this contract. (If special provisions are contained in an Addendum, identify the Addendum here and reference the Addendum in Paragraph 22D.) 13. SALES EXPENSES: A. Seller's Expenses: Seller will pay for the following at or before closing: (1) releases of existing liens, other than those liens assumed by Buyer, including prepayment penalties and recording fees; (2) release of Seller's loan liability, if applicable; (3) tax statements or certificates; (4) preparation of the deed; (5) one-half of any escrow fee; (6) costs to record any documents to cure title objections that Seller must cure; and (7) other expenses that Seller will pay under other provisions of this contract. B. Buyer's Expenses: Buyer will pay for the following at or before closing: (1) all loan expenses and fees; (2) preparation of any deed of trust; (3) recording fees for the deed and any deed of trust; (4) premiums for flood insurance as may be required by Buyer's lender; (5) one-half of any escrow fee; (6) other expenses that Buyer will pay under other provisions of this contract. - Ile., - . . Ar Pfefa#ei9e-.- k:-) WiteFest eH afiy assumed leaFi, taxes, {2} elesing date, taxes will be ffeFated'efi the basis ef taxes assessed in the pFevieus yeaf. if the taxes feF the year in whieh the sale elesee vaFy ficem the affieb!Ht piceffited at elesing, the paFties will adjust f , SelleF will tFafisfef: a! 8: Rellbeek Faxes- if Sellers —use —eF min— use —ef�rfepeFty b 6- (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer Page 8 of 13 Produced with 7lpFonn0 by zipLogix 18070 Fifteen Mite Road, Fraser, Michigan 48028 ,wnv 7lnLonkrom Q Acres - Cltyof Commercial Contract- Unimproved Property concerning See Exhibit A 15. DEFAULT: A. If Buyer fails to comply with this contract, Buyer is in default and Seller, as Seller's sole remedy(ies), may terminate this contract and receive the earnest money, as liquidated damages for Buyer's failure except for any damages resulting from Buyer's inspections, studies or assessments in accordance with Paragraph 7C(3) which Seller may pursue; or (Check if applicable) ❑ enforce specific performance, or seek such other relief as may be provided by law. B. If, without fault, Seller is unable within the time allowed to deliver the estoppel certificates, surrey or the commitment, Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 7B(1), as liquidated damages and as Buyer's sole remedy; or (2) extend the time for performance up to 15 days and the closing will be extended as necessary. C. Except as provided in Paragraph 158, if Seger fails to comply with.this contract, Seller is in default and Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 713(1), as liquidated damages and as Buyer's sole remedy; or (2) enforce specific performance, , oF beth. 16. CONDEMNATION: If before closing, condemnation proceedings are commenced against any part of the Property, Buyer may: A. terminate this contract by providing written notice to Seller within 15 days after Buyer is advised of the condemnation proceedings and the earnest money, less any independent consideration paid under Paragraph 7B(1), will be refunded to Buyer; or B. appear and defend in the condemnation proceedings and any award will, at Buyer's election, belong to: (1) Seller and the sales price will be reduced by the same amount; or (2) Buyer and the sales price will not be reduced. 17. ATTORNEY'S FEES: If Buyer, Seller, any broker, or the title company is a prevailing party in any legal proceeding brought under or with relation to this contract or this transaction, such party is entitled to recover from the non -prevailing parties all costs of such proceeding and reasonable attorney's fees. This Paragraph 17 survives termination of this contract. 18. ESCROW: A. At closing, the earnest money will be applied first to any cash down payment, then to Buyer's closing costs, and any excess will be refunded to Buyer. If no closing occurs, the title company may require payment of unpaid expenses incurred on behalf of the parties and a written release of liability of the title company from all parties. B. If one parry makes written demand for the earnest money, the title company will give notice of the demand by providing to the other party a copy of the demand. If the title company does not receive written objection to the demand from the other party within 15 days after the date the title company sent the demand to the other party, the title company may disburse the earnest money to the party making demand, reduced by the amount of unpaid expenses incurred on behalf of the parry receiving the earnest money and the title company may pay the same to the creditors. C. The title company will deduct any independent consideration under Paragraph 7B(1) before disbursing any earnest money to Buyer and will pay the independent consideration to Seller. D. If the title company complies with this Paragraph 18, each party hereby releases the title company from all claims related to the disbursal of the earnest money. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer A , Page 9 of 13 Produced with zipFormED by zipLoglx 18070 Fifteen Mile Road, Fraser, Michigan 48026 ya zips onixnom 40 Acm- City of Commercial Contract - Unimproved Property concerning see Exhibit A E. Notices under this Paragraph 18 must be sent by certified mail, return receipt requested. Notices to the title company are effective upon receipt by the title company. F. Any party who wrongfully fails or refuses to sign a release acceptable to the title company within 7 days after receipt of the request will be liable to the other party for: (i) damages; (ii) the earnest money; (iii) reasonable attorney's fees; and (iv) all costs of suit. G. ❑ Seller ❑ Buyer intend(s) to complete this transaction as a part of an exchange of like -kind properties in accordance with Section 1031 of the Internal Revenue Code, as amended. All expenses in connection with the contemplated exchange will be paid by the exchanging party. The other party will not incur any expense or liability with respect to the exchange. The parties agree to cooperate fully and in good faith to arrange and consummate the exchange so as to comply to the maximum extent feasible with the provisions of Section 1031 of the Internal Revenue Code. The other provisions of this contract will not be affected in the event the contemplated exchange fails to occur. 43: PFepeicty GenditieH Statement (TAR 1498)-. ❑ $' f4) ; {2} ; fa} ; ; (6) , ,tri , { ; fS} ; { 20. NOTICES: All notices between the parties under this contract must be in writing and are effective when hand -delivered, mailed by certified mail return receipt requested, or sent by facsimile transmission to the parties addresses or facsimile numbers stated in Paragraph 1. The parties will send copies of any notices to the broker representing the party to whom the notices are sent. A. Seller also consents to receive any notices by e-mail at Seller's e-mail address stated in Paragraph 1. B. Buyer also consents to receive any notices by e-mail at Buyer's e-mail address stated in Paragraph 1. 2-1•: DISPUTE RES06LITION; The pai4ies egf;ee te i9egetiate ifi geed faith in eig effeFt te Feselve any dispute 22. AGREEMENT OF THE PARTIES: A. This contract is binding on the parties, their heirs, executors, representatives, successors, and permitted assigns. This contract is to be construed in accordance with the laws of the State of Texas. (TAR -1802) 1-1-16 Initialed for Identification by Seller_,_and Buyer , Page 10 of 13 Produced with zipFonn' by zipLogix 18070 Fifteen Mlle Road, Fraser, Michigan 48026ymm 7ioLoolx_com 40 Ac - City or Commercial Contract - Unimproved Property concerning See Exhibit A If any term or condition of this contract shall be held to be invalid or unenforceable, the remainder of this contract shall not be affected thereby. B. This contract contains the entire agreement of the parties and may not be changed except in writing. C. If this contract is executed in a number of identical counterparts, each counterpart is an original and all counterparts, collectively, constitute one agreement. D. Addenda which are part of this contract are: (Check all that apply.) X (1) Property Description Exhibit identified in Paragraph 2; (2) Commercial Contract Financing Addendum (TAR -1931); (3) Commercial Property Condition Statement (TAR -1408); (4) Commercial Contract Addendum for Special Provisions (TAR -1940); (5) Notice to Purchaser of Real Property in a Water District (MUD); (6) Addendum for Coastal Area Property (TAR -1915); (7) Addendum for Property Located Seaward of the Gulf Intracoastal Waterway (TAR -1916); X (8) Information About Brokerage Services (TAR -2501); and (9) (Note: Counsel for the Texas Association of REALTORS@ (TAR) has determined that any of the foregoing addenda which are promulgated by the Texas Real Estate Commission (TREC) or published by TAR are appropriate for use with this form.) E. Buyer ❑ may OX may not assign this contract. If Buyer assigns this contract, Buyer will be relieved of any future liability under this contract only if the assignee assumes, in writing, all obligations and liability of Buyer under this contract. 23. TIME: Time is of the essence in this contract. The parties require strict compliance with the times for performance. If the last day to perform under a provision of this contract falls on a Saturday, Sunday, or legal holiday, the time for performance is extended until the end of the next day which is not a Saturday, Sunday, or legal holiday. 24. EFFECTIVE DATE: The effective date of this contract for the purpose of performance of all obligations is the date the title company receipts this contract after all parties execute this contract. 25. ADDITIONAL NOTICES: A. Buyer should have an abstract covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a title policy. B. If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fees of the district before final execution of this contract. C. Notice Required by §13.257, Water Code:',The real property, described below, that you are about to purchase may be located in a certificated water or sewer service area, which is authorized by law to provide water or sewer, service to the properties in the certificated area. If your property is located in a certificated area there may be special costs or charges that you will be required to pay before you can receive water or sewer service. There may be a period required to construct lines or other facilities necessary to provide water or sewer service to your property. You are advised to determine if the property is in a certificated area and contact the utility service provider to determine the cost that you will be required to pay and the period, if any, that is required to provide water or sewer service to your property. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or before the execution of a binding contract for the purchase of the real property described in the notice or at closing of purchase of the real property." The real property is described i Paragraph 2 of this contract. (TAR -1802) 1-1-16 Initialed for Identification by Seller and Buyer U1�, Page 11 of 13 Produced With zlpForm® by zipLogix 18070 Fifteen Mlle Road, Fraser, Michigan 48026 ...... rol_oaix_com 40 Acros - City of Commercial Contract- Unimproved Property concerning See Exhibit A D. If the Property adjoins or shares a common boundary with the tidally influenced submerged lands of the state, §33.135 of the Texas Natural Resources Code requires a notice regarding coastal area property to be included as part of this contract. E. If the Property is located seaward of the Gulf Intracoastal Waterway, §61.025, Texas Natural Resources Code, requires a notice regarding the seaward location of the Property to be included as part of this contract. F. If the Property is located outside the limits of a municipality, the Property may now or later be included in the extra -territorial jurisdiction (ETJ) of a municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and ETJ. To determine if the Property is located within a municipality's ETJ, Buyer should contact all municipalities located in the general proximity of the Property for further information. G. Brokers are not qualified to perform property inspections, surveys, engineering studies, environmental assessments, or inspections to determine compliance with zoning, governmental regulations, or laws. Buyer should seek experts to perform such services. Buyer should review local building codes, ordinances and other applicable laws to determine their effect on the Property. Selection of experts, inspectors, and repairmen is the responsibility of Buyer and not the brokers. Brokers are not qualified to determine the credit worthiness of the parties. H. NOTICE OF WATER LEVEL FLUCTUATIONS: If the Property adjoins an impoundment of water, including a reservoir or lake, constructed and maintained under Chapter 11, Water Code, that has a storage capacity of at least 5,000 acre-feet at the impoundment's normal operating level, Seller hereby notifies Buyer: "The water level of the impoundment of water adjoining the Property fluctuates for various reasons, including as a result of. (1) an entity lawfully exercising its right to use the water stored in the impoundment; or (2) drought or flood conditions." 26. CONTRACT AS OFFER: The execution of this contract by the first party constitutes an offer to buy or sell the Property. Unless the other party accepts the offer by 5:00 p.m., in the time zone in which the Property is located, on , the offer will lapse and become null and void. READ THIS CONTRACT CAREFULLY. The brokers and agents make no representation or recommendation as to the legal sufficiency, legal effect, or tax consequences of this document or transaction. CONSULT your attorney BEFORE signing. Seller: City of Beaumont By: By (signature): Printed Name: Kyle Hayes Title: City Manager By: By (signature): Printed Name: Title: B&L International, LLC, a Texas limited liability Buyer:company By: By (signature): Printed Name: Ronald C. Walker Title: Manacer By: By (signature): Printed Name: Title: (TAR -1802) 1-1-16 Page 12 of 13 Produced with zipForm® by zipLoglx 16070 Fifteen Mile Road. Fraser. Michigan 48026 yxnv.zloLoalx.com 40 A\ - Cry or Commensal Conbad -Unimproved Property concerning See Exhibit A AGREEMENT BETWEEN BROILERS (use only if Paragraph 9B(1) is effective) Principal- Broker agrees to pay (Cooperating Broker) a 'fee when the Principal Broker's fee is received. The fee to be paid to Cooperating Broker will be: $ , or % of the sales price, or • of the Principal Broker's fee. The title company is authorized and directed to pay Cooperating Broker from Principal Broker's fee at closing. This Agreement Between Brokers supersedes any prior offers and agreements for compensation between brokers. Principal Broker.. Cooperating Broker. By: By. Seller's attorney: Address: Phone & Fa)c E-mail: Seller's attorney requests copies of documents, notices, and other information: the title company sends to Seller. Buyer sends to Seller. The title company acknowledges receipt of: HA. the contract on this day B. earnest money in the amount of $ _ on Title company: By: Assigned file number (GF#): ATTORNIEYS Buyers attorney: Ray McKown Address: 1540 Keller Pkwv Ste 108-308 Keller TX 76248-3686 Phone & Fax. (2141674-6422 (8171337-3765 E-mail: Buyer's attorney requests copies of documents, notices, and other information: the title company sends to Buyer. Seller sends to Buyer. ESCROW RECEIPT (effective date); in the form of Address: Phone & Fax E-mail: (TAR -1 802) 1-1-16 Page 13 of 13 ProdtmdwMzlpForm®byzipla&18070Mean WeRoad, Fmser,Wtdgan480Y8 48Ac.ss-acyof Legal Description: 40.000 Acre Tract or Parcel of Land James Rowe Survey, Abstract No. 45 Jefferson County, Texas BEING a 40.000 acre tract or parcel of land situated in the James Rowe Survey, Abstract No. 45, Jefferson County, Texas and being out of and part of that certain called 256.555 acre tract of land, identified as TRACT I, as described in a "General Warranty Deed with Lien in Favor of Third Party" from Elray Family Limited Partnership to B & L International, LLC as recorded in Clerk's File No. 2011020108, Official Public Records of Real Property, Jefferson County, Texas, and furthermore being out of andpart of that certain called 100.000 acre tract of land as described in a "Special Warranty Deed" from B & L International, LLC to the City of Beaumont as recorded in Clerk's File No. 2012017663, Official Public Records of Real Property, Jefferson County, Texas, said 40.000 acre tract being more particularly described as follows: NOTE.- 411 bearings are referenced to the North line of the said 256.555 acre B & L International, LLC tract as NORTH 87010'13" EAST as recorded in the above referenced Clerk's File No. 2011020108, Oficial Public Records of Real Property, Jefferson County, Texas. A11 set 518" iron rods set with caps stamped 'M W Whiteley & Associates" COMMENCING at a "Kohler" concrete monument found for the Northeast corner of the said 100.000 acre City of Beaumont tract, said corner being the Northeast comer of the said 256.555 acre B & L International, LLC tract and being the Northwest corner of that certain called 25 acre tract of land as described in a deed from Peter W. Maida to the City of Beaumont as recorded in Volume 1666, Page 193, Deed Records, Jefferson County, Texas and also being in the South line of Block 31 of the Heflebower and Scott Subdivision, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 1, Page 83, Map Records, Jefferson County, Texas and said corner being in the North line of the said James Rowe Survey and the South line of the J.W. Bullock Survey, Abstract No. 7, Jefferson County, Texas; THENCE SOUTH 0244'45" EAST, for the boundary between the said 100.000 acre City of Beaumont tract and the said 25 acre City of Beaumont tract, for a distance 1560.79 feet to a 5/8" iron rod set for the Northeast corner and the POINT OF BEGINNING of the tract herein described; THENCE SOUTH 02°44'45" EAST, continuing for the boundary between the said 100.000 acre City of Beaumont tract and the said 25 acre City of Beaumont tract, for a distance of 746.44 feet to a "Kohler" concrete monument found for corner, said corner being the Southwest comer of the said 25 acre City of Beaumont tract and being in the North line of that certain called 5 acre tract of land as described in a "General Warranty Deed" from Geraldine Knight Reeves, Individually and as Independent Executor of the Estate of William Garland Reeves, deceased, and Frank Blair Reeves to the City of Beaumont as recorded in Volume 2318, Page 162, Deed Records, Jefferson County, Texas; THENCE SOUTH 87354'55" WEST, for the boundary between the tract herein described and the said 5 acre City of Beaumont tract, for a distance of 187.38 feet to a V iron pipe found for comer, said corner being the Northwest corner of the said 5 acre City of Beaumont tract; 1V_ 11WITELEY A ASSOCIATES. INC THENCE SOUTH 02039'08" EAST, continuing for the boundary between the tract herein described and the said 5 acre City of Beaumont tract, for a distance of 332.91 feet to a 5/8" iron rod found for corner, said corner being the Southwest corner of the said City of Beaumont tract and being in the North line of that certain called 5 acre tract of land as described in a "Special Warranty Deed" from Barnett Alvin Greenberg and Jerry Arnold Greenberg, as Successor Independent Co -Executors of the Estate of Milton I. Greenberg, deceased, to Barnett Alvin Greenberg and Jerry Arnold Greenberg as recorded in Film Code No. 103-71-2092, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 87°17'29" WEST, for the boundary between the tract herein described and the said 5 acre Greenberg tract and that certain called 5 acre tract of land as described in a "Special Warranty Deed" from Jean Gordon Broussard to Georgenia Jaschke, Virginia Shelton, Hilda Edgley, Mary Louise Foss and Edward James Broussard as recorded in Film Code No. 104-10 2308, Official Public Records of Real Property, Jefferson County, Texas, for a distance of 1046.74 feet to a 5/8" iron rod found for corner, said comer being the Northwest comer of the said 5 acre Jaschke, et aL tract and the Northeast comer of that certain called 20 1/10 acre tract of land as described in a deed from Jimmie Dell G. Crabtree, et al. to William A. Schindler and Howard J. Schindler as recorded in Volume 1437, Page 112, Deed Records, Jefferson County, Texas; THENCE SOUTH 87011'47" WEST, for the boundary between the tract herein described and the said 20 1/10 Schindler tract, for a distance of 441.21 feet to a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" found for comer, said comer being the Southwest corner of the said 100.000 acre City of Beaumont tract and from said comer a fence post found for the Northwest corner of the said 20 1/10 acre Schindler tract and an interior ell comer of the said 256.555 acre B & L International, LLC tract bears SOUTH 87°11147" WEST a distance of 493.44 feet; THENCE NORTH 02°4445" WEST, along and with the boundary between the said 100.000 acre City of Beaumont tract and the remainder of the said 256.555 acre B & L International, LLC tract, for a distance of 1076.96 feet to a 5/8" iron rod set for comer, and from said comer a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" found for the Northwest comer of the said 100.000 acre City ofBeaumont tract bears NORTH 02044145" WEST a distance of 1558.34 feet; THENCE NORTH 87°15'15" EAST, over and across the said 100.000 acre City of Beaumont tract, for a distance of 1675.86 feet to the POINT OF BEGINNING and containing 40.0000 Acres, more or less. AIA XX IV. IMITELEY& ASSOCIATES, INC 11/2/2015 Information About Brokerage Services Texas law requires all real estate licensees to give the following information about brokerage services to prospective buyers, tenants, sellers and landlords. TYPES OF REAL ESTATE LICENSE HOLDERS: ° A BROKER is responsible for all brokerage activities, including acts performed by sales agents sponsored by the broker. ° A SALES AGENT must be sponsored by a broker and works with clients on behalf of the broker. A BROKER'S MINIMUM DUTIES REQUIRED BY LAW (A client is the person or party that the broker represents): ° Put the interests of the client above all others, including the broker's own interests; ° Inform the client of any material information about the property or transaction received by the broker, • Answer the client's questions and present any offer to or counter-offer from the client; and ° Treat all parties to a real estate transaction honestly and fairly. A LICENSE HOLDER CAN REPRESENT A PARTY IN A REAL ESTATE TRANSACTION: AS AGENT FOR OWNER (SELLER/LANDLORD): The broker becomes the property owner's agent through an agreement with the owner, usually in a written listing to sell or property management agreement. An owner's agent must perform the broker's minimum duties above and must inform the owner of any material Information about the property or transaction known by the agent, including information disclosed to the agent or subagent by the buyer or buyer's agent. AS AGENT FOR BUYER/TENANT: The broker becomes the buyer/tenant's agent by agreeing to represent the buyer, usually through a written representation agreement. A buyer's agent must perform the broker's minimum duties above and must inform the buyer of any material information about the property or transaction known by the agent, including information disclosed to the agent by the seller or seller's agent. AS AGENT FOR BOTH - INTERMEDIARY: To act as an intermediary between the parties the broker must first obtain the written agreement of each party to the transaction. The written agreement must state who will pay the broker and, in conspicuous bold or underlined print, set forth the broker's obligations as an intermediary. A broker who acts as an intermediary: • Must treat all parties to the transaction impartially and fairly; ° May, with the parties' written consent, appoint a different license holder associated with the broker to each party (owner and buyer) to communicate with, provide opinions and advice to, and cant' out the instructions of each party to the transaction. • Must not, unless specifically authorized in writing to do so by the party, disclose: o that the owner will accept a price less than the written asking price; o that the buyer/tenant will pay a price greater than the price submitted in a written offer, and o any coincidental information or any other information that a party specifically instructs the broker in writing not to disclose, unless required to do so by law. AS SUBAGENT: A license holder acts as a subagent when aiding a buyer in a transaction without an agreement to represent the buyer. A subagent can assist the buyer but does not represent the buyer and must place the interests of the owner first. TO AVOID DISPUTES, ALL AGREEMENTS BETWEEN YOU AND A BROKER SHOULD BE IN WRITING AND CLEARLY ESTABLISH: • The broker's duties and responsibilities to you, and your obligations under the representation agreement. ° Who will pay the broker for services provided to you, when payment will be made and how the payment will be calculated. LICENSE HOLDER CONTACT INFORMATION: This notice is being provided for information purposes. It does not create an obligation for you to use the broker's services. Please acknowledge receipt of this notice below and retain a copy for your records. KenWheel, Inc, dba Wheeler Commercial Licensed Broker Broker Firm Name or Primary Assumed Business Name Lee Y. Wheeler, III Designated Broker of Firm - Lee Y. Wheeler, III Licensed Supervisor of Sales Agent Associate Erica C. Goss 579943 Iwheeler(a.wheeler-commercial.com (409)899-3300 License No. Email Phone 467055 IwheelerP-wheeler-commercial.com (409)899-3300 License No. Email Phone 467055 IwheelerPwheeler-commercial.com (409)899-3300 License No. Email Phone 623539 egoss(o�wheeler-)wheeler Sales Agent/Associate's Name License No. iEmai uyer enant/Seller/Landlord Initials'[Date' (409)899-3300 Phone Regulated by the Texas Real Estate Commission Information available at www.tree.texas.gov IABS 1-0 Date Wheeler Commcrdal, 470 Orletms Street, 12th Floor Ocaomont T 77701 Phone: 409-899-3300 Fax 409-899-3301 40 Acre - City of Erica Coss Producad with zipFonn9 by zipLagix 18070 Fifteen Mile Road. Fraser. Michigan 48026 vnvwzioLooix.cam - r v. .4 is t do 4w r hip, + rr en +W �-'tY landfill AN 1 _ -- 4of acre r P. 1 r ��. ac�ieaur�ont as `� •':,:; ,nJa+erTreatmeni 1 V-_ �r RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Earnest Money Contract with B&L International, LLC for the sale of a 40 acre tract of land located near the Wastewater Treatment facility located at 4900 Lafin Drive; and, BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to execute all documents necessary for the sale of the property and improvements. 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 7th day of August, 2018. - Mayor Becky Ames - c BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: August 7, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager and Chief of Police to execute an Interlocal Agreement with Spindletop (MHMR) and to accept up to $65,280 for equipment expenses. BACKGROUND This Interlocal Agreement outlines the Beaumont Police Department's collaboration with Spindletop Center to provide community-based mental health and intellectual and developmental disability services. Upon approval, an officer would be assigned to provide support. The Spindletop Center has secured grant funding to defray city expenses and would reimburse the City for an amount not to exceed $65,280 to outfit and purchase a police unit and officer equipment and annual fuel costs. FUNDING SOURCE None. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager and Chief of Police be and they are hereby authorized to execute an Interlocal Agreement between the City of Beaumont and Spindletop (MHMR) to provide community-based mental health and intellectual and developmental disability services. Said Interlocal Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of August, 2018. - Mayor Becky Ames - I STATE OF TEXAS CITY OF BEAUMONT INTERLOCAL COOPERATION AGREEMENT This Agreement is made and entered into by and between Spindletop Center, a unit of local government whose principal office is in Beaumont, Jefferson County, Texas, "Center" and the City of Beaumont, a political subdivision of the State of Texas, "City". The purpose of this Agreement is to fund a Mental Health Liaison position for the Mental Health Liaison Program and is authorized pursuant to Chapter 791, Texas Government Code. Spindletop Center, a community center and an agency of the State of Texas established under the provisions of Chapter 534 of the Texas Health & Safety Code Ann. (Vernon 1992), as amended, is authorized to contract for the services made the subject of this Agreement. In consideration of the mutual agreement contained herein, the parties agree as follows: 1. TERM OF AGREEMENT The initial term of this Agreement is effective immediately upon signature by all parties and shall automatically renew on September 1 of each year thereafter on an annual basis until such time as a modification to the Agreement is executed by both parties or this Agreement is tenninated. H. SERVICES Center is designated as a mental health and intellectual and developmental disability local authority by the Health and Human Services Commission (HHSC). Its mission is to plan, coordinate, develop policy, develop and allocate resources, supervise, and ensure the provision of community-based, mental health and intellectual and developmental disability services for residents of Jefferson, Orange, Chambers, and Hardin Counties, Texas. These activities sometimes involve coordination of activities with the judicial system. Center requests City to provide a police officer as a Mental Health Liaison to assist in fulfilling the Center's mission. Responsibilities of the City: The City, by and through the Beaumont Police Department, agrees to provide a Mental Health Liaison officer as agreed upon, ("Liaison") for the Mental Health Liaison Program. The Liaison will hold a license of peace officer certified under Section 1701.404, Occupations Code assigned specifically to perform duties pursuant to applicable sections of the Texas Mental Health Code. Both the City and the Center will agree upon the personnel designated as Liaison. Page 1 of 15 EXHIBIT "A" The Liaison's primary responsibilities will include: 1. Be available for and assist the Center Continuity of Care team with Municipal Court and hospital follow-ups; 2. Be available for and assist the Center Mobile Crisis team when they respond to crisis calls in the community; 3. Be available for and assist the Center PATH and CSS teams when they respond to calls in the community; 4. Be available for and assist Center clinical staff when working with aggressive or difficult clients; 5. Provide required number of contacts as designated by the Center; 6. Serve as a Liaison between the Center, law enforcement, hospitals, and judicial entities 7. Collaborate with the Center on any additional training pertinent; and 8. Provide training to Center, law enforcement, hospitals, judicial entities, and the community as directed by the Center. In the performance of these duties, the City shall: • Provide whatever administrative support and assistance within the duties of a police officer as may be required to fulfill the needs of the parties; • Provide the mandated in-service training and any additional training required by the Texas Commission on Law Enforcement (TCOLE); • Provide the same basic and necessary equipment provided to each officer assigned to law enforcement duties and set forth in the Articles of Agreement "Uniforms, safety, and equipment"; The Liaison and other City personnel who provide services pursuant to this Agreement are Employees of the City, and the Police Chief shall maintain supervisory control and command over such Employees. Responsibilities of the Center: The Center agrees to fund clinicians for the Mental Health Liaison Program. This staffs primary responsibilities will include: • Responding to calls with the Liaison to perform crisis assessments; • Responding to calls with the Liaison to provide crisis intervention services; • Responding to calls with the Liaison to provide crisis follow-up services; • Coordinating referrals with the Liaison to various Center and community crisis services; • Coordinating follow-up appointments and providing continuity of care for individuals seen by the team; • Serving as a Liaison with the Liaison for law enforcement entities (such as police departments, local justices of the peace, and county judges) to the local community mental health system; • Providing secure and adequate office space with designated locking file space to the Liaison to carry out his/her duties and permit access to all necessary facilities; • Coordinating and assisting with all activity scheduling and ensure adequate time is allotted for preparation of any and all required reports; and Page 2 of 15 a Refenting any comments, criticism, suggestions or recommendations concerning the Liaison's assignments or pemformance as soon as possible to the Beaumont Police Department, or hi.slhmer designee. M TMINA.TION This Agreement may be terminated early, with or without cause or for convenience, by either party giving wzatten notice of its intention to so terminate to the other party thirty (3 0) days before the effective date of termination. This Agreement is contingent upon the availa • receipt of local, state or federal fiends that Center has allocated to this Agreement. ecome unavailable durEug any budget period, this Agreement may be imm terminate - educed at the discretion of Center. Center will be responsible for payor monies due ough and including the date of such termination or reduction.. Since Center is responsible for partial fim ed fortheon positions, if furls to receive such funding reason w due, L�iaiEson ma - - e -immediately from this service. Thus 's not to b ued as a contract of employment city withdrawn p with Liaison. Liaison shall. Center. City must iM this Agreement, incl identifies any person IV. IN V. dated activities as may be required by nmanner and on forms prescribed by the the dentiality of information received during the performance of 'on that discloses confidential personal information or enter) in accordance with applicable federal and state laws Page 3 of 15 VI. PAYMENT For the services provided, the Center agrees to reimburse City for equipment utilized by the Mental Health officer, to include a vehicle, standard vehicle equipment, annual fitel costs, and officer assigned equipment such as a uniform, taser, and cell phone based on the grant funding awarded to the Center. The Center will also provide any specialized training pursuant to assigned responsibilities. The City will pay one hundred percent (100%) of the cost for one (1) peace officer to provide the law enforcement services; including salaries, benefits, deferred liabilities, and any additional expenses the City may incur in providing the services of the Mental Health deputy for the term of the Agreement. Center expressly understands and agrees that if payment is not received within thirty (30) days of the date due, this Agreement may be terminated by City without further notice. Further, failure to make demand for payment due shall not be a waiver of Center's obligation to make timely payments. City, acting through the Central Collections Division, will submit a quarterly billing statement (invoice) to the Spindletop Center, 655 S. Ste Street, Beaumont, Texas, 77701. Center will make payment in accordance with the terms of what is coiYunonly called the Texas Prompt Payment Act. No payment can be made by Center until this Agreement has been signed and returned to Center. VII. BOOKS AND RECORDS All books, records and other methods of documentation related to this Agreement are and will be open to audit by HHSC during normal business hours. VIII. CENTER CONTRACT REQUIREMENTS The Authority is required to insert the provisions of 25 TAC §412.57 in all of its contracts. Exhibit "A" is a copy of the provisions. The parties agree that the majority of the provisions do not apply to City; however, those that are applicable shall apply. An executed Business Associate Agreement (Exhibit "B") must be on file, in addition to, this Agreement pursuant to which Center may provide City with access to health information that is protected by state and/or federal law. UO Page 4 of 15 VENUE Venue and/or jurisdiction for this Agreement shall be in Jefferson County, Texas. X. NOTICES All notices to be given under this Agreement shall be sent by certified mail, return receipt requested, at the address shown below. XI. EXECUTION BY CHIEF OF POLICE The City Manager of the City of Beaumont signs this Agreement to evidence his willingness to abide by all terms and conditions imposed upon the Beaumont Police Department. Executed this SPINDLETOP CENTER IM Holly Borel Chief Executive Officer Address: 655 South 81b St. Beaumont, TX 77701 day of 12018. CITY OF BE, AUMONT 10 Kyle Hayes City Manager Address: 801 Main. Beaumont, TX 77701 I CERTIFY THAT THIS CONTRACT WAS APPROVED BY THE BOARD OF TRUSTEES OF SPINDLETOP CENTER IN OPEN MEETING ON THE DAY OF '2018. Billy Pruett Secretary to the Board of Trustees Page 5 of 15 EXHIBIT "A" TAC §412.57 Texas Administrative Code TITLE 25 HEALTH SERVICES PART I DEPARTMENT OF STATE HEALTH SERVICES CHAPTER 412 LOCAL MENTAL HEALTH AUTHORITY RESPONSIBILITIES SUBCHAPTER B CONTRACTS MANAGEMENT FOR LOCAL AUTHORITIES RULE §412.57 Provisions for Community Services Contracts (a) The local authority must ensure that all its comm -unity services contracts are consistent with the local authority's performance contract and with the model contracts designed by TDMHMR as required by the Texas Health and Safety Code, §534.055(c), (b) The local authority must include in all of its community services contracts that are funded by TDMHMR provisions stating: (1) the contract term; (2) the community service(s) to be purchased; (3) the identification of all parties; (4) the total allowable payment or, if the community service is procured through open enrollment or is on a capitated basis, the rate of payment; (5) the method of payment; (6) that the contractor must comply with all applicable federal and state laws, rules, and regulations, including; (A) Title VI of the Civil Rights Act of 1964; (B) Section 504 of the Rehabilitation Act of 1973; (C) the Americans with Disabilities Act of 1990 (ADA); and (D) the Age Discrimination in Employment Act of 1967; (7) that if, as a result of a change to a TDMHMR rule or state or federal law, the contractual obligations of the contractor are materially changed or a significant financial burden is placed on the contractor, then the parties may renegotiate in good faith to amend the contract; (S) that no consumer will be excluded from participation in, denied the benefits of, or unlawfully discriminated against, in any program or activity funded by the contract on the grounds of race, color, ethnicity, national origin, religion, sex, age, disability, or political affiliation in accordance with applicable laws; (9) that all documents pertinent to the contract, including consumer records, will be retained by the contractor for a period of five years; (10) that all consumer -identifying information will be maintained by the contractor as confidential in accordance with applicable law and Chapter 414, Subchapter A of this title (relating to Client -Identifying Information); (11) that the contractor, its licensed staff, and other appropriate staff (such as QMHP-CS) will be credentialed before services are delivered to consumers by such contractor and staff; (12) a dispute resolution process; (13) the clearly defined performance expectations which directly relate to the community service's objectives, including goals, outputs, and measurable outcomes, and that the contractor must provide services in accordance with such expectations; Page 6 of 15 (14) that any allegation of abuse, neglect, or exploitation of a consumer under the contract will be reported in accordance with applicable law, TDMHMR rules, and Texas Department of Protective and Regulatory Services rules; (15) that ATDS/IITV workplace guidelines, similar to those adopted by TDMHMR and AIDS/HIV confidentiality guidelines and consistent with state and federal law, will be adopted and implemented by the contractor; (16) that the contractor will comply with the relevant TDMHMR rules, certifications, acereditations, and licenses, that are specified in the contract; (17) that services will be provided in accordance with consumers' treatment plans; (18) that pursuant to Texas Health and Safety Code, §534.061, TDiVffIW the local authority, and their designees, including independent financial auditors, shall have, with reasonable notice, unrestricted access to all facilities, records, data, and other information under the control of the contractor as necessary to enable the local authority to audit, monitor, and review all financial and programmatic activities and services associated with the contract; (19) any sanctions and remedies the local authority may take in response to the contractor's failure to comply with the contract provisions; and (20) that the contractor will immediately notify the local authority of any change, or potential change, in its status that could affect its inclusion in the provider network, (c) The local authority must include in all of its community services contracts for residential services that are funded by TDMHMR provisions stating: (1) that the contractor shall provide evidence of criminal history record information on the contractor's applicants, employees, and volunteers, pursuant to the Texas Health and Safety Code, §533.007 and Chapter 250; the Texas Government Code, §411.115; and Chapter 414, Subchapter K of this title (relating to Criminal History Clearances); and (2) that if an applicant, employee, or volunteer of the contractor has a criminal history relevant to his or her employment as described in Chapter 414, Subchapter K of this title (relating to Criminal History Clearances), then the contractor will take appropriate action with respect to the applicant, employee, or volunteer, including terminating or removing the employee or volunteer from direct contact with consumers served by the contractor. (d) Community services contracts that require the contractor to assume responsibility for the funds of a consumer must contain provisions requiring the contractor to have and abide by a written policy, which is subject to approval by the local authority, for protecting and accounting for such funds in accordance with generally accepted accounting principles. Source Note: The provisions of this §412.57 adopted to be effective April 22, 2001, 26 TexReg 2845 Page 7 of 15 EXHIBIT "B" BUSINESS ASSOCIATE AGREEMENT This Business Associate Agreement (the 'BAA"), is hereby entered into between Spindletop Center, ("Covered Entity"), and The City of Beaumont Police Department, ("Business Associate"). WHEREAS, Covered Entity and Business Associate have entered into an agreement to provide Mental Health Liaison Deputy Services pursuant to which Covered Entity may provide Business Associate with access to health information that is protected by state and/ or federal law; WHEREAS, Business Associate and Covered Entity desire that Business Associate obtain access to such information in accordance with the terms specified herein; and NOW THEREFORE, in consideration of the mutual promises set forth in this BAA and other good and valuable consideration, the sufficiency and.receipt of which are hereby severally acknowledged, the parties agree as follows; 1. Definitions. Unless otherwise specified in this BAA, all capitalized terms not otherwise defined shall have the meanings established in Title 45, Parts 160 and 164, of the United States Code of Federal Regulations, as amended fiom time to lime, and/or in the Health Information Technology for Economic and Clinical Health ("HITECH") Act. For purposes of clarification, the following terms shall have the definitions set forth below: 1.1 "Privacy Rule" shall mean the standards for Privacy of Individually Identifiable Health Information as set forth in 45 C.F.R. Parts 160 and 164, Subparts A ' and E. 1.2 "Security Rule" shall mean the standards of security requirements of the HIPAA regulations at 45. C.F.R. §§302 through 164.31. 2. Business Associate Obligations. Business Associate may receive from Covered Entity health information that is protected under applicable state and/ or federal law, including without limitation, Protected Health Information ("PHI"). Business Associate agrees not to Use or Disclose (or permit the Use or Disclosure of) PHI in a manner that would violate the requirements of the Privacy Rule or the Security Rule under HIPAA or HITECH, if the PHI were used or disclosed by Covered Entity in the same manner. Business Associate shall use appropriate safeguards to prevent the Use or Disclosure of PHI other than as expressly permitted under this BAA. Business Associate agrees to not directly or indirectly receive payment in exchange for any PHI, unless Covered Entity obtained from the individual, who is the subject of the PHI, a signed written authorization specifically stating that the PHI can be exchanged for payment, or otherwise permitted by the limited exceptions as provided in HITECH §13405(d). Business Associate agrees. to mitigate, to the extent reasonably possible, any harmfid Page 8 of 15 effect that is known to Business Associate from any use or disclosure of PHI by Business Associate that is not authorized by this Agreement. Business Associate further agrees to mitigate, to the extent reasonably possible, any harmful effect that is known to Business Associate from any Security Incident or, after a reasonable investigation, would be known to Business Associate. 3. Use of PHI. Business Associate may use PHI as necessary (i) for performing services set out in the Underlying Agreement, or (ii) for carrying out its legal responsibilities, provided in each case that such Uses are permitted under federal and state law. Covered Entity shall retain all rights in the PHI not granted herein. 4. Disclosure of PHI. Business Associate may Disclose PHI as' necessary (i) to perform services under the Underlying Agreement, or (ii) to carry out its legal responsibilities, provided that either (a) the Disclosure is Required by Law or (b) the Business Associate obtains reasonable assurances from the person to whom the information is Disclosed that the information will be held confidential and further Used and Disclosed only as Required by Law or for the purpose for which it was Disclosed to the person, and such person agrees to immediately notify the Business Associate of any instances of which it is aware that the confidentiality of the information has been breached. 5. Reports, Business Associate agrees to report to Covered Entity: 5.1 Any Use or Disclosure of PHI not authorized by this BAA within five (5) days of the Business Associate becoming aware of such unauthorized Use or Disclosure; 5.2 Any Security Incident within five (5) days of the Business Associate becoming aware of the Security Incident; and, 5.3 Any Breach of Unsecured PHI Discovered by Business Associate, to the extent Business Associate accesses, maintains, retains, modifies, records, stores, destroys or otherwise holds, Uses or Discloses Unsecured PHI, unless delayed for law enforcement purposes, without delay and in no case later than five (5) calendar days after Discovery of the Breach, and shall include the identification of each Individual whose Unsecured PHI has been, or is reasonably believed by Business Associate to have been, accessed, acquired or Disclosed during such Breach. In addition, Business Associate shall provide the Covered Entity with any other available information that the Covered Entity is required to include in the notification to the individual under 45 C.F.R. § 164.404(c) or as soon thereafter as information becomes available. Page 9 of 15 6. Agents and Subcontractors. IfBusiness Associate discloses PHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity, to agents, including a subcontractor (collectively, "Recipients"), Business Associate shall require Recipients to agree in writing in accordance with 45 C.F.R. § 164.504(e)(1)(i) that the Recipient will appropriately safeguard the information by imposing, at minimum, the same restrictions and conditions that apply to the Business Associate under this BAA. 7. Individual Rights to Access and Amendment. 7.1 Access. If Business Associate maintains a Designated Record Set on behalf of Covered Entity, Business Associate shall permit an Individual to inspect or copy PHI contained in that set about the Individual in accordance with the Privacy Rule set forth in 45 C.F.R. § 164.524, as it may be amended from time to time, unless excepted or a basis for denial exists under 45 C.F.R. § 164.524, as determined by the Covered Entity. In the event a Business Associate uses or maintains an Electronic Health Record on behalf of Covered Entity, then, as of the date required by HITECH, an Individual's right of access under 45 C.F.R. § 164.524 shall include the right to obtain a copy of the PHI in an electronic format and, if the Individual chooses- in a clear, conspicuous and specific manner, to direct the Business Associate to transmit such copy to any person designated by the Individual. Business Associate shall respond to any request from Covered Entity for access by an Individual within five (5) days of such request unless otherwise agreed to by Covered Entity. The information shall be provided in the form or format requested, if it is readily producible in such form or format, or in summary, if the Individual has agreed in advance to accept the information in summary form. A reasonable, cost based fee may be charged for copying PHI or providing a summary of PHI in accordance with 45 C.F.R. § 164M4(c)(4), provided that any such fee relating to a copy or summary of PHI provided in an electronic fonn may not be greater than the labor costs incurred in response to the request for the copy or summary. 7.2 Amendment. Business Associate shall accommodate an Individual's right to amend PHI or a record about the Individual in a Designated Record Set in accordance with the Privacy Rule set forth at 45 C.F.R. § 164.526, as it may be amended from time to time, unless excepted or a basis for denial exists under 45 C.F.R. § 164.526, as determined by the Covered Entity. Covered Entity shall determine whether a denial to an amendment request is appropriate or an exception applies. Business Associate shall notify Covered Entity within five (5) days of receipt of any request for amendment by an Individual and shall make any amendment requested by Covered Entity within ten (10) days of such request. Business Associate shall have a process in place for requests for amendments and for appending such requests to the Designated Record Set. 8. Accounting of Disclosures. 8.1 General Accounting Provisions. Business Associate shall make available to Covered Entity in response to a request from an Individual, information required for an accounting of Disclosures of PHI with respect to the Individual, in accordance with 45 C.F.R. § 164.528, as it may be amended from time to time, Page 10 of 15 unless an exception to such Accounting exists under 45 C.F.R. § 164.528. Such Accounting is limited to Disclosures that were made in the six (6) years prior to the request and shall not include any Disclosures that were made prior to the compliance date of the Privacy Rule. Business Associate shall provide such information necessary to provide an accounting within thirty (30) days of Covered Entity's request. 8.2 Special Provisions for Disclosures made through an Electronic Health Record. As of the date required by HITECH, if Covered Entity uses or maintains an Electronic Health Record with respect to PHI and if Business Associate makes Disclosures of PHI for Treatment, Payment or Health Care Operations purposes through such Electronic Health Record, Business Associate will provide an accounting of Disclosures that Covered Entity has determined were for Covered Entity's Treatment, Payment and/or Health Care Operations purposes to Individuals who request an accounting directly from Business Associate. Any accounting made pursuant to this Section 8.2 shall be limited to Disclosures made in the three (3) years prior to the Individual's request for the accounting. The content of the accounting shall be in accordance with 45 C.F.R. § 164.528, as it may be amended from time to time. 8.3 Fees for an Accounting. Any accounting provided under Section 8.1 or Section 8.2 must be provided without cost to the Individual or to Covered Entity if it is the first accounting requested by an Individual within any twelve (12) month period; however, a reasonable, cost based fee may be charged for subsequent accountings if Business Associate informs the Covered Entity and the Covered Entity informs the Individual in advance of the fee, and the Individual is afforded an opportunity to withdraw or modify the request. 9. Withdrawal of Consent or Authorization. If the use or disclosure of PHI in this BAA is based upon an Individual's specific consent or authorization for the use of his or her PHI, and (i) the Individual revokes such consent or authorization in writing, (ii) the effective date of such authorization has expired, or (iii) the consent or authorization is found to be defective in any manner that renders it invalid, Business Associate agrees, if it has notice of such revocation or invalidity, to cease the Use and Disclosure of any such Individual's PHI except to the extent it has relied on such Use or Disclosure, or where an exception under the Privacy Rule expressly applies. 10. Records and Audit. Business Associate shall make available to Covered Entity and to the Secretary of Health and Human Services ("Secretary") or her agents, its internal practices, books, and records relating to the Use and Disclosure of PHI received from, or, created or received by, Business Associate on behalf of Covered Entity for the purpose of determining Covered Entity's compliance with the Privacy Rule and the Security Rule or any other health oversight agency, .in a timely a manner designated by Covered Entity or the Secretary. Except to the extent prohibited by law, Business Associate agrees to notify Covered Entity immediately upon receipt by Business Associate of any and all requests served upon Business Associate by or on behalf of any and all government authorities relating to PHI received from, or created or received by, Business Associate on behalf of Covered Entity. Page 11 of 15 11. Notice of Privacy Practices. Covered Entity shall provide to Business Associate its Notice of Privacy Practices ("Notice' }, including any amendments to the Notice. Business Associate agrees that it will abide by any limitations set forth in the Notice, as it maybe amended from time to time, ofwhich it has knowledge. An amended Notice shall not affect permitted Uses and Disclosures on which Business Associate has relied prior to receipt of such Notice. 12. Securi Business Associate will (i) implement Administrative, Physical and Technical Safeguards that reasonably and appropriate protect the confidentiality, integrity and availability of the Electronic Protected Health Information that it creates, receives, maintains, or transmits on behalf of Covered Entity as required under the Security Rule; and (ii) ensure that any agent, including a subcontractor, to whom it provides Electronic Protected Health Information agrees to implement reasonable and appropriate safeguards to protect such information as required under the Security Rule. Further, as of the date required by HITECFI, Business Associate shall comply with the standards and implementation specifications set forth in 45 CY.R. §§ 164.308,164.3 10, 164.312 and 164.316 with respect to such Administrative, Physical and Technical Safeguards. 13. Term and Termination. 13.1 This BAA shall commence on the effective date of the Agreement and shall remain in effect until terminated in accordance with the terms of this Section 13, provided, however, that any termination shall not affect the respective obligations or rights of the parties arising under this BAA prior to the effective date of termination, all of which shall continue in accordance with their terms. 13.2 Covered Entity shall have the right to terminate this BAA for any reason upon thirty (30) days written notice to Business Associate. 13.3 Covered Entity, at its sole discretion, may immediately terminate this BAA and shall have no further obligations to Business Associate hereunder if any of the following events shall have occurred and be continuing: i) Business associate shall fail to observe or perform any material covenant or agreement contained in this BAA for ten (10) days after written notice thereof has been given to Business Associate by Covered Entity; or ii) A violation by Business Associate of any provision of the Privacy Rule, Security Rule, or other applicable federal or state privacy law. 13.4 Upon the termination of negotiations for a possible business relationship with Covered Entity, this BAA shall terminate simultaneously without additional notice. 13.5 Upon termination of this BAA for any reason, Business Associate agrees either to return to Covered Entity or to destroy all PHI received from Covered Entity or otherwise created through the performance of the Agreement Services for Page 12 of 15 Covered Entity that is in the possession or control of Business Associate or its agents. In the case of information for which it is not feasible to "return or destroy", Business Associate shall continue to comply with the covenants in this BAA with respect to such PHI and shall comply with other applicable state or federal law, which may require a specific period of retention, redaction, or other treatment. Termination of this BAA shall be cause for Covered Entity to terminate the Agreement. 14. Miscellaneous. 14.I Notice. All notices, requests, demands and other communications required or permitted to be given or -made under this BAA shall be in writing, shall be effective upon receipt or attempted delivery, and shall be sent by (i) personal delivery; (ii) certified or registered United States mail, return receipt requested; or (iii) overnight delivery service with proof of delivery. Notices shall be sent to the addresses below. Business Associate: Covered Entity: City of Beaumont Police Department Spindletop Center 255 College St. 655 S. 8" St. Beaumont TX 77701 Beaumont, TX 77701 Attention: Chief James Singletary Attention: Holly Borel, CEO 14.2 Waiver. No provision of this BAA or any breach thereof shall be deemed waived unless such waiver is in writing and signed by the party claimed to have waived such provision or breach. No waiver of a breach shall constitute �a waiver of or excuse any different or subsequent breach. 14.3 Assignment. Neither party may assign (whether by operation or law or otherwise) any of its rights or delegate or subcontract any of its obligations under this BAA without the prior written consent of the other party. Notwithstanding the foregoing, Covered Entity shall have the right to assign its rights and obligations hereunder to any entity that is an affiliate or successor of Covered Entity, without the prior approval of Business Associate. 14.4 Compliance with HITECH; Agreement to Amend BAA. The parties agree that it is their intention (i) to comply with the privacy and security provisions contained in HITECH and (ii) to incorporate those provisions into this BAA to the extent required by HITECH. The parties further agree to amend this BAA to the extent necessary to comply with state and federal laws, including without limitation, the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and HITECH, and any regulations promulgated or other guidance issued pursuant to HIPAA and HITECH. Page 13 of 15 1.4.5 Entire Agreement. This BAA cons -Rates the complete agreement between Business Associate and Covered Entity relating to the matters specified in this BAA, and supersedes all prior representations or agreements, whether oral or written, with respect to such matters. In the event of any conflict between the terms of this BAA and the terms of any such later agreement(s), the teens of this BAA shall control unless the terms of such later agreement comply with the Privacy Rule and the Security Rule. No oral modification or waiver of any of the provisions of this BAA shall be binding on either party. This B.A.A. is for the benefit of, and shall be binding upon the parties, their affiliates and respective successors and assigns. No third party shall be considered a tbizd party beneficiary under this BAA, nor shall any arty have any rights as a result of this BAA. -S f T " • - - - 1 �'',M1: • " • 1 1 ; • 1 is 1 • G°,'7 1 �, �'...� : o•c� -�;�.�� 4!�_a � o:..,.� � iiY:t ' 9�9,r a- a ;.�uon��x.-, as e.;.;.� � - - 1 • `{. IU 1 .111 � � 7> r • :993:1 / '0-��v�'.� .11 / tl • 1 - ;1 ^1 _ • 1 : Tt 1 . I • AJ 1 / irIF." -. �J�':. •0!1 V'- k. . 1 , .'o • /1 - �e.=` i • T rll • ► 1 .�1�1F=t: n.. T �1. i'CIt.�l ��-'� 1 � • • ��t 1 Il • 1 • - : 1 - 1 • - .0 �.=�n��G �''. �:'1+ • / ,iQ' 6 n - 1 • 'I�ill � - `,_!J-- a+/ : I . + ! : 1 �" � � FI •:311 n.,F, ;jti • *T •F�-. {1y;1{�LO� 1 •9�O�h _ •FI , • • •Y ! 1. ,. 1%�:i� v... 1 : / `-' 1 � • ,;Ts.;.. T•- �" - • , • : 1 ; R • 1 • • C73.' r, 11 floc .-1, r Ui•�1 • • , .M,1 ? �`'e'1� f aq 1 1 TT �� �U4+ r ' V' ' i fpx.y •' ' •Y,�=?-'S: _1.r_+ � • G 14_•31 1 T JII' 1' 1 T 11 • • / . MIIt. _.f.^i_-?._..,_mss � i / "�ti �^�.� • ��:�: ` � 11 . il:. - ' 1 - f 1 1 1 " • 11 • • / - • : 1 • •- d6 / 1 .�JF`i! = CSL � iLu�B�;�it, %.. .. a 1 •'��t-�D • 1 1 • • " / " 1 • f 1 11 ! - 1 1 " _- _ - `':•utGr�lE 'W1MYC2il • 11• :�"iiFv;1 •1" 1 e r/ •. -/ • 11- •. Pap 14 of 15 AGREED AND ACKNOWLEDGED: BUSINESS ASSOCIATE: Company Name: City of Beaumont Police Department M Name: James Singletary Title: Chief of Police Date: COVERED ENTITY: Spindletop Center LN Name:_ Holly Borel Title: Chief Executive Officer Date: Page 15 of 15 D BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer 1-41 MEETING DATE: August 7, 2018 REQUESTED ACTION: Council consider a resolution approving a contract with Marsh Waterproofing, Inc. of Vidor for painting and related services for use by various City facilities. BACKGROUND ' Bids were requested for a one-year contract for commercial grade painting requirements and related services -for various City facilities. Nine vendors were notified, with two bids being submitted. The low qualified bid was received from Marsh Waterproofing, Inc. Specifications allow for a one-year contract with the option of two renewals of one-year extensions at the same pricing as the awarded contract. The total estimated bid for twelve (12) months is $107,200. The current contract is held by BRC Painting, Inc of Beaumont. Bid tabulation is attached. FUNDING SOURCE General Fund (56%), Water Utilities Fund (15%), Solid Waste Fund (5%), Municipal Airport Fund (8%), Capital Reserve Fund (16%). RECOMMENDATION Approval of the resolution. - COY OF 8EAUMONT - PURCHASING DIVISION BE ONT Terry Welch Senior BuyerTsX As409-880-3107 --------------- BID TABULATION: Annual Contract for Painting and Related Services BID No. TF0710-38 OPENING DATE: Thursday, July l9.2Ol0 Vendor City / State 15% BRC Painting Beaumont Marsh Waterproofing Inc Vidor $ 1,600.00 Classification Hrs/Yr Rate/Hr Total Rate/Hr Total -77777 7-7 IMaterials/ Rental Markup 15% $1,500 16% $ 1,600.00 IMaterials/ Rental Markup 15% $1,500 16% $ 1,600.00 Low qualified bidder is Marsh Waterproofing, Inc. RESOLUTION NO. WHEREAS, bids were received for a one .(1) year contract, with the option of two (2) renewals of one (1) year terms at the same pricing as the awarded contract, for painting and related services for various City facilities; and, WHEREAS, Marsh Waterproofing, Inc., of Vidor, Texas, submitted a bid in the estimated annual amount of $107,200.00; and, WHEREAS, City Council is of the opinion that the bid submitted by Marsh Waterproofing, Inc., of Vidor, Texas, is the lowest 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 Marsh Waterproofing, Inc., of Vidor, Texas, for a one (1) year contract, with the option of two (2) renewals of one (1) year terms at the same pricing as the awarded contract, for painting and related services for various City facilities in the estimated annual amount of $107,200.00 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 contact with Marsh Waterproofing, Inc. 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 7th day of August, 2018. - Mayor Becky Ames - BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 7, 2018 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-6/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a resolution approving a contract with Public Management of Cleveland, Texas for grant management services related to Hurricane Harvey 2. Consider a resolution authorizing the City Manager to execute a Municipal Maintenance Agreement with the Texas Department of Transportation 3. Consider a resolution approving the purchase of forty-five Portable Radios from Motorola Solutions, Inc. for use in the Fire Department 4. Consider a resolution approving the purchase of fourteen submersible wastewater pumps from Automatic Pump and Equipment of Beaumont for use by Water Utilities 5. Consider a resolution authorizing the City Manager to execute Change Order No. 1 for the Dowlen Road (Hwy 69 Frontage Road to 1,300 -ft north of College Street) Project 6. Consider a resolution to reject all bids received for a cement slurry application contract PUBLIC HEARING * Receive comments related to the rate change to the Local Provider Participation Fund for FY 2018 7. Consider amending the mandatory payment rate related to the Local Provider Participation Fund for FY 2018 F0 u�� ll�l _l * 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: David Franklin and Joshua Fontenot vs. Fernando Beltran and City of Beaumont; Cause No. B-201,696 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 August 7, 2018 Consider a resolution approving a contract with Public Management of Cleveland, Texas for grant management services related to Hurricane Harvey BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: August 7, 2018 REQUESTED ACTION: Council consider a resolution approving a contract with Public Management of Cleveland, Texas for grant management services related to Hurricane Harvey. BACKGROUND Specifications of the contract include assistance with the processes involved in applying for and submitting claims; receiving and managing public assistance; developing cost effective mitigation solutions; seeking alternative funding sources from various agencies; and securing hazard mitigation assistance grant funding. Request for Qualifications were solicited from seventeen (17) vendors. Four responses were received and evaluated by City staff. The criteria and scores are attached. FUNDING SOURCE All fees will be charged to the Hurricane Harvey Fund, however; those fees are considered Direct Administrative Costs (DAC) and are eligible for full reimbursement by FEMA. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a contract with Public Management, of Cleveland, Texas, to address damages incurred during Hurricane Harvey and provide grant management services to assist with disaster recovery and alternate funding pursuits. 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 7th day of August, 2018. - Mayor Becky Ames - 2 August 7, 2018 Consider a resolution authorizing the City Manager to execute a Municipal Maintenance Agreement with the Texas Department of Transportation BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: August 7, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a Municipal Maintenance Agreement with the Texas Department of Transportation (TxDOT). BACKGROUND Currently, TxDOT provides through its contractors, mowing and litter clean up maintenance on certain state routes within the City of Beaumont, including IH -10 and HWY 69. The City desires to perform additional mowing and/or litter control maintenance of the aforementioned state routes. TxDOT has agreed to reimburse the City for three (3) mowing cycles per year at $32.88 per acre, and twelve (12) litter cycles per year at $19.55 per acre on a total of 535 acres. The reimbursement to the City would total $178,283.40 per year. FUNDING SOURCE Texas Department of Transportation. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Municipal Maintenance Agreement between the City of Beaumont and Texas Department of Transportation (TxDOT) for additional mowing and/or litter control maintenance on certain state routes within the City of Beaumont, including IH -10 and Hwy 69. 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 7th day of August, 2018. - Mayor Becky Ames - 0 STATE OF TEXAS § COUNTY OF JEFFERSON § MUNICIPAL MAINTENANCE AGREEMENT WHEREAS, the State of Texas, acting through the Texas Department of Transportation, (the "State"), currently provides mowing and litter clean up maintenance on certain state routes within the City of Beaumont, including IH -10 and HWY 69; and WHEREAS, the State conducts this mowing and litter control maintenance through its mowing and litter control contractors; and WHEREAS, the City of Beaumont, (the "City"), desires to perform additional mowing and/or litter control maintenance on the aforementioned state routes; and WHEREAS, the City and the State agree to enter into a Municipal Maintenance Agreement. AGREEMENT NOW, THEREFORE, in consideration of the premises and mutual covenants and agreements of the parties hereto to be by them respectively kept and performed, as hereinafter set forth, the City and State do mutually agree to the agreement as follows: CONTROLLED ACCESS HIGHWAYS State's Duties Reimburse the City for mowing and clean up of litter between the State right-of-way lines. Reimbursement shall be limited to three (3) mowing cycles per year (in approximately May, July and October), and up to twelve (12) litter cycles per year (on a monthly basis). The rates of reimbursement shall be based on the average 2017 mowing and litter pick up cost for Jefferson County. The average cost for each cycle was $32.88/acre for mowing and $19.55/acre for litter clean up. Reimbursement may be further limited if the State adopts a statewide policy reducing the number of mowing cycles to less than three (3) per year or the number of litter clean up cycles to less than twelve (12) per year. If the State's policy changes to further reduce the State's mowing or litter clean up cycles, the State shall notify the City, in writing, within sixty (60) days of this change. If the State fails to notify the City as required under this paragraph, the State shall be responsible for payments to the City in accordance with the EXHIBIT "A" previously agreed upon reimbursement schedule. City's Duties • Mow and clean up litter between the State right-of-way lines for a minimum period of two (2) years. • Submit invoices for mowing and litter clean cycles at intervals as established above. The City agrees that for mowing and litter clean up, if performed by employees of the City, the City shall show proof of self-insurance. If mowing and/or litter clean-up is performed by a contractor(s) selected by the City through its selection process; the City shall require the contractor(s) to have in place, insurance as evidenced by the State's Certificate of Insurance form. The City will also require any contractor(s) to agree to indemnify and save harmless the state from all claims and liability due the contractor(s) material or activities of itself, its agent, or employees, performed under agreement with city that are caused or may result from error, omission, or negligent act. Prior to any mowing or litter clean up by the City, such evidence of self-insurance or certificate of insurance shall be provided to State. Termination This Agreement is expressly made subject to the rights granted to the State to terminate this Agreement without cause upon notice and to the rights granted to the City to terminate this Agreement without cause upon notice after two (2) years, and upon the exercise of any such right by either party, this Agreement will terminate. The State or the City may terminate this Agreement upon notice at any time for a violation of the terms of this Agreement. The termination of this Agreement does not affect any other agreements between the parties. If the City has entered into a contract with a third party to perform any services under this Agreement, this Agreement will continue in effect until the current term of the contract has expired. In all other respect, the Agreement shall remain in force and effect without change. 2 IN TESTIMONY WHEROF, the parties hereto have caused this Agreement to be executed in duplicate. The Agreement becomes effective when last executed. In all other respects, the Municipal Maintenance Agreement shall remain in full force and effect without change. THE CITY OF BEAUMONT THE STATE OF TEXAS City Manager Date: Attested By: City Clerk K Executed for the Executive Director and approved by the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders and established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. Approved: By: Tucker Ferguson, PE District Engineer Beaumont District, Texas Department of Transportation Date: ATTACHMENT "A" Description and frequency of work: • Three (3) mowing cycles per year to the 535 acres at $32.88 per acre for a total of $52,772.40. • Twelve (12) litter cycles per year to the 535 acres at $19.55 per acre for a total of $125,511.00. • Total cost of $178,283.40 per year. 4 —K August 7, 2018 Consider a resolution approving the purchase of forty-five Portable Radios from Motorola Solutions, Inc. for use in the Fire Department BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer v MEETING DATE: August 7, 2018 REQUESTED ACTION: Council consider a resolution approving the purchase of forty-five (45) Portable Radios from Motorola Solutions Inc. for use in the Fire Department. ATS) "tIII WE The pricing for the proposal was obtained through the Houston -Galveston Area Council (H - GAC) Cooperative Purchasing Program. H -GAC is a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H -GAC complies with the State of Texas procurement statutes. The project will be funded through the 2015 Port Security Grant Program (PSGP) which requires a 25% match. The total cost of the radios will be $169,128.90. Council approved receiving 2015 PSGP funding September 29, 2015 approving Resolution 15-206. FUNDING SOURCE Police Grants Fund 7 $42,222.36; Capital Reserve Fund - $239.46. 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 forty-five (45) portable radios for use by the Fire Department from Motorola Solutions, Inc., of Chicago, Illinois, in the amount of $169,128.90 through the Houston -Galveston Area Council (H -GAC) Cooperative Purchasing Program. 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 7th day of August, 2018. - Mayor Becky Ames - Iq August 7, 2018 Consider a resolution approving the purchase of fourteen submersible wastewater pumps from Automatic Pump and Equipment of Beaumont for use by Water Utilities BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: August 7, 2018 REQUESTED ACTION: Council consider a resolution approving the purchase of fourteen (14) submersible wastewater pumps from Automatic Pump and Equipment of Beaumont for use by Water Utilities. BACKGROUND Water Utilities uses pumps for collecting wastewater and delivering it to the Sewer Treatment Plant. These pumps must operate reliably in corrosive environments. The following lift stations have pumps that are frequently out of service for repairs and have reached the end of their useful life: Long Street lift station; Piney Point lift station; Prison lift station, and Rue lift station. The purchase of these pumps will cost $191,364 and will complete the replacement2of the pumps at these stations. Pricing was obtained from Automatic Pump and Equipment as a sole source provider. FUNDING SOURCE Capital Program. 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 and installation of fourteen (14) submersible wastewater pumps for use by the Water Utilities Department for the Long Street lift station, Piney Point lift station, Prison lift station, and Rue lift station from Automatic Pump and Equipment, of Beaumont, Texas, a sole source provider, in the amount of $191,364.00. 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 7th day of August, 2018. - Mayor Becky Ames - 5 August 7, 2018 Consider a resolution authorizing the City Manager to execute Change Order No. 1 for the Dowlen Road (Hwy 69 Frontage Road to 1,300 -ft north of College Street) Project BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: August 7, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 1 for the Dowlen Road (Hwy 69 Frontage Road to 1,300 -ft north of College Street) Project. BACKGROUND On December 19, 2017, by Resolution No. 17-268, City Council awarded a contract to ALLCO, LLC, of Beaumont, Texas, in the amount of $3,211,284.00, for the Dowlen Road (Hwy 69 Frontage Road to 1,300 -ft north of College Street) Project. Proposed Change Order No. 1, in the amount of $225,727.53, is required to adjust the estimated quantities in the contract to accommodate additional concrete slabibase repairs, curb repairs, and building retaining walls. A total of sixty (60) calendar days would be added to the contract for the additional work. If approved, the new contract amount will be $3,437,011.53. FUNDING SOURCE Department of Transportation Federal Highway Administration in the amount of $2,569,027.20 and the remaining amount from the Capital Program. RECOMMENDATION Approval of the resolution. A RESOLUTION NO. 17-268 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of a contract to Allco, LLC, of Beaumont, Texas, in the amount of $3,211,284.00 to furnish all labor, materials, equipment, and supplies for the Dowlen Road (Hwy 69 Frontage Road to 1,300 ft. north of College Street) Project; and, BE IT FURTHER RESOLVED THAT City Council Is of the opinion that it is in the best interest of the citizens of Beaumont to enter into a contract between the City of Beaumont and Allco, LLC, of Beaumont, Texas, in the amount of $3,211.,284.00 to furnish all labor, materials, equipment, and supplies for the Dowlen Road (Hwy 69 Frontage Road to 1,300 ft. north of College Street) Project; and, BE IT ALSO RESOLVED THAT the City Manager be and he is hereby authorized to execute a Contract with Allco, LLC, 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 December, 2017. nyor Becky DATE: July 13, 2018 CSJ: 0920.18-189 HIGHWAY: DOWLEN ROAD PROJECT: DOWLEN ROAD ACP RESURFACE'. COUNTY: JEFFERSON DISTRICT BEAUMONT CONTRACT NUMBER: PWO517.06 OWNER CITY OF BEAUMONT CONTRACTOR: ALL.CO LLC CHANGE ORDER WORK LIMITS: STA 00400 TO STA 225400 TYPE OF CHANGE: MINOR CHANGE ORDER NO.1 6001 HIGHWAY 0 TO COLLEGE STREET Quantities adjusted to aaotmnodate add(donal .=vc slahlbasengaim along with =ft existing stacks 6t pavement Addl6.W omb mpain and tetulning %.Us ate vdded os we1L Item No. Item Cede D..Hptioo Ou1t Or(glnal Quantity New Quantity Unit Price Total 104 6022 IREMOVE CONCRETE CURB AND GUTTER LF 1,D45.00 2,0100 S 8.00 S 10 840.00 351 6006 FLEXIBLE PAVMaNT STRUCTURE REPAIR (In SY 599 81233 S 101.00 S 71,546.33 361 6001 REPAIR CONCRETE PAMENTENT 10 SY 0 355.40 S 19&00 S 70 6920 420 6071 CLC CONC COLLAR EA 0 3 S SOD.00 S 1 M.00 423 6008 RETAINING WAILS C.I.P. RU NMRCED(CLASS SF 0 27 S 88.89 S .00 423 6008 RETAINING WALLS (C.LP. R)ENFORCED CLASS 12^ SP 0 252 S 44.44 S Il 00.00 464 6003 RC PffH(CL BW 8 IP 1 0 8 IS 75.00 S 600.00 465 2001 INLET (COMPL) C) EA 0 2 S 5,000.00 S 10.00.00 465 601 LT-= COMP S PA 2 4 S 5900.0 S 1000.00 496 2002 REMOV STRUCTURE EA 0 4 S 600.00 S 2400.0 502 601 BARRICADES SIGNS AND TRAFFIC HANDLING MO t0 12 S 26.00.00 S 5 00.0 529 2003 ROLLDOWNCURB IF 0 30 S 70.00 S 2,10.0 529 6022 CONCRETE CURB (DOWEL)(TY U) LF 703.00 2,400.DO S 16.00 5 27.152.0 531 6002 CONC SIDEWALKS SY 4,995.00 4.8020 S 60.0 S 11,580.00 618 6061 CONDT (PVC) (SCH 8o) (6 LF 20 0 S ""1I O.BOO.OD 999 01 MODIFIED SIDEWALKUHFADWAL.L(IXXLNGTON TO DELI) LS 0 1 S 2600.0 5 2Q00.0 TOTAL: 5225,72753 REVIEW PKROfDf tROCHEr, AY DESIGNERIT DATE APPROVED BY: KYLE HAYES, CITY MANAGER DATE REVIEWED BYs 4-/2 S1 0 J H MAJD .B., DATE PUBL WORKS DIRECTOR ATTESTED BY: TINA BROUSSARD, CITY CLERK DATE ORIGINAL CONTRACT AMOUNT: $3,21 1,284,00 NET FROM PREVIOUS CHANGE ORDERS: $0.0 TOTAL AMOUNT OF THIS CHANGE ORDER: 5225.727.53 PERCENT OF TIM CHANGE ORDER: 7.03% TOTAL PERCENT CHANGE ORDERTO DATE: 7.03% NEW CONRIACTADSOUYT: S3,437,011.53 QCs PTi(D BY: PREPARED BY: 'BRANDONHARI N,ALLCO,INC. DAT XAVIER PULIDO, ROADWAY DESIGNER I DATE REVIEW PKROfDf tROCHEr, AY DESIGNERIT DATE APPROVED BY: KYLE HAYES, CITY MANAGER DATE REVIEWED BYs 4-/2 S1 0 J H MAJD .B., DATE PUBL WORKS DIRECTOR ATTESTED BY: TINA BROUSSARD, CITY CLERK DATE RESOLUTION NO. WHEREAS, on December 19, 2017, the City Council of the City of Beaumont, Texas, passed Resolution No. 17-268 awarding a contract in the amount of $3,211,284.00 to Allco, L.L.C., of Beaumont, Texas, for the Dowlen Road (Hwy 69 Frontage Road to 1,300 ft. north of College. Street) Project; and, WHEREAS, Change Order No. 1, in the amount of $225,727.53, is necessary to adjust the estimated quantities in the contract to accommodate additional concrete slab/base repairs and curb repairs; building retaining walls; and, the addition of sixty (60) calendar days, thereby increasing the contract amount to $3,437,011.53; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 1 for additional work described above, thereby increasing the contract amount by $225,727.53 for a total contract amount of $3,437,011.53 for the Dowlen Road (Hwy 69 Frontage Road to 1,300 ft. north of College Street) Project. 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 7th day of August, 2018. - Mayor Becky Ames — 01 August 7, 2018 Consider a resolution to reject all bids received for a cement slurry application contract BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer `,_� MEETING DATE: August 7, 2018 REQUESTED ACTION: Council consider a resolution to reject all bids received for a cement slurry application contract. BACKGROUND Bids were requested from six vendors with four vendors responding. Those bids were opened July 12, 2018, for a two-year contract for the application of cement slurry on designated street projects. After evaluating the Texas Department of Transportation's (TxDOT) pricing over the past twelve months, it was determined by Public Works Engineering that the pricing received was higher than average. Administration recommends that all bids received be rejected and to re -advertise as soon as possible. FUNDING SOURCE Capital Program and General Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, on July 12, 2018, four (4) bids were received for a two (2) year cement slurry application contract on designated street projects; and, WHEREAS, the Public Works Engineer evaluated the four (4) bids and found that all bids were over the Engineer's estimate; and, WHEREAS, it is . the recommendation of City of Beaumont Public Works Engineering .Division to reject the bids and that the contract be -rebid at a later date; and, WHEREAS, the City Council finds it is not in the best interest of the citizens of Beaumont to accept the bids for a two (2) year cement slurry application contract on designated street projects and that each should be rejected; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council does hereby reject all bids received for a two (2) year cement slurry application contract for designated street projects. 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 7th day of August, 2018. - Mayor Becky Ames - PUBLIC HEARING Receive comments related to the rate change to the Local Provider Participation Fund for FY 2018 August 7, 2018 Consider amending the mandatory payment rate related to the Local Provider Participation Fund for FY 2018 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: - Todd Simoneaux, Chief Financial Officer MEETING DATE: August 7, 2018 REQUESTED ACTION: Council consider amending the mandatory payment rate related to the Local Provider Participation Fund for FY 2018 and holding a public hearing. BACKGROUND On June 9, 2015, the City Council authorized the City's participation in a municipal health care provider participation program to support the payment of Medicaid supplemental hospital payments to Safety -Net Hospitals in the City. At the same time, the City Council authorized the execution of indigent care affiliation agreements with Baptist Hospitals of Southeast Texas and Christus Hospital. In addition, on July 28, 2015, the City Council approved model rules and procedures related to the City of Beaumont's facilitation of the program. The City of Beaumont is required to set the amount of the mandatory payments required to be paid by the hospitals. The mandatory payment must be uniformly proportionate with the amount of net patient revenue generated by each paying hospital in the municipality. On April 10, 2018, Council approved and set the mandatory rate for the fiscal year ending 2018 at 3.84%. Since that time, it has been determined that additional funding for hospitals could be available if the mandatory rate was increased. At the request of the local hospitals, it is recommended that the mandatory rate be amended from 3.84% to 6.0%. FUNDING SOURCE Local Safety -Net Hospitals will make mandatory payments into the Beaumont Municipal Health Care Provider Participation Fund. RECOMMENDATION Approval of resolution. NOTICE OF PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF BEAUMONT TO CONSIDER AMENDMENT TO FISCAL YEAR 2018 PROVIDER PARTICIPATION PROGRAM PAYMENTS rDAT] Notice is hereby given that the above named City Council will hold a public hearing at &W a.m. on [10�'E], with the hearing to be held at [ADDRES], to hear public comments and consider action concerning amending the rate used to determine the amounts of the mandatory provider participation payments that will be required of all local hospitals in fiscal year (FY) 2018 and establishing how the revenue derived from any increase in mandatory payments resulting from the rate amendment will be spent The City Council will hold the public hearing pursuant to Chapter 295 of the Texas Health & Safety Code, which authorized the creation of the City of Beaumont local provider participation program. Representatives of local nonpublic hospitals and the public wishing to be heard on these matters may appear before the City Council at the public meeting. Resolution Regarding of City of Beaumont Provider Participation Program WHEREAS, pursuant to Chapter 295 of the Health and Safety Code, the City Council of has authorized the City of Beaumont to participate in a local health care provider participation program; WHEREAS, pursuant to Chapter 295 of the Health and Safety Code, the City Council on April 10tH 2018 previously authorized the City of Beaumont to collect a mandatory payment for fiscal year 2018 from each institutional health care provider located in the City of Beaumont in an amount equal to 3.84 percent of an institutional health care provider's net patient revenue; and WHEREAS, the City Council desires to amend and change the mandatory payment amount for fiscal year 2018 to be collected from each institutional health care provider located in the City of Beaumont so that such amount shall be equal to six percent of an institutional health care provider's net patient revenue. NOW THEREFORE, BE IT ORDERED that the City Council of the City of Beaumont hereby: 1. Amends and changes the mandatory payment amount for fiscal year 2018 to be collected from each institutional health care provider located in the City of Beaumont so that such amount shall be equal to 6.00% percent of an institutional health care provider's net patient revenue; and 2. Authorizes City Council staff to take all other actions necessary to effectuate this resolution. MOVED, PASSED, and ADOPTED this _ day of August 2018 Mayor Becky Ames ATTEST: City Clerk RESOLUTION NO. WHEREAS, on April 10, 2018 the City Council of the City of Beaumont, Texas passed Resolution No. 18-073 setting the mandatory payment rate for the fiscal year 2018 for the local provider participation fund in the municipal health care provider participation program at 3.84%; and, WHEREAS, it has been determined that additional funds for hospitals could be available if the mandatory rate is increased; and, WHEREAS, at the request of the local hospitals, it is recommended that the mandatory payment rate for the fiscal year 2018 be amended from 3.84% to 6.0%;and, WHEREAS, the City Council finds that it is in the best interest of the citizens of Beaumont to amend Resolution No. 18-073 by increasing the mandatory payment rate for the fiscal year 2018 for the local provider participation fund in the municipal health care provider participation program from 3.84% to 6.0%; 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 Resolution No. 18-073 be and is hereby amended by increasing the mandatory payment rate for the fiscal year 2018 for the local provider participation fund in the municipal health care provider participation program from 3.84% to 6.0%. The meeting at which this resolution was approved was in all things conducted in J 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 7th day of August, 2018. - Mayor Becky Ames -