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Home My WebLink AboutPACKET JUL 09 2019BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JULY 9, 2019 1:30 PM CONSENT AGENDA Approval of minutes — June 25, 2019 Confirmation of board and commission member appointments A) Authorize the City Manager or the Chief Financial Officer to execute all documents necessary to accept funding from the Texas Department of State Health Services (DSHS) for the Women, Infants, and Children Program (WIC) B) Approve a contract with Brenntag Southwest, Inc. of Lancaster for the purchase of aluminum sulfate for use in the Water Utilities Department C) Approve multiple contracts for the purchase of medical supplies used in the EMS Division D) Approve an agreement with Whitley Penn, LLP, of Houston, for auditing services E) Approve the purchase of pipe bursting equipment from TT Technologies, Inc. of Aurora, Illinois for use by the Water Utilities Department F) Authorize the City Manager to execute a reimbursement agreement with ExxonMobil for the partial closures of Van Buren Avenue and Fulton Avenue G) Authorize the City Manager to execute Change Order No. 2, accept maintenance, and authorize final payment to Horseshoe Construction, Inc. H) Authorize the City Manager to execute all documents necessary to accept grant funds administered by the Office of the Texas Attorney General I) Authorize the City Manager or the Chief Financial Officer to execute all documents necessary for a Memorandum of Understanding between the City of Beaumont and the Texas Department of State Health Services J) Authorize the City Manager to execute a Memorandum of Understanding with Beaumont Preservation Partners, LLC K) Authorize the City Manager to execute a Memorandum of Understanding with Orleans San Jacinto, LP L) Authorize the City Manager to execute an agreement with the South East Texas Regional Planning Commission regarding the Region 9-1-1 System BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Sherry Ulmer, Public Health Director MEETING DATE: July 9, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager or the Chief Financial Officer to execute all documents, necessary to accept funding from the Texas Department of State Health Services (DSHS) for the Women, Infants, and Children Program (WIC). BACKGROUND The Texas Department of State Health Services has awarded the Beaumont Public Health Department funding for the Women, Infants, and Children Program (WIC) in the amount of $753,335.00. The contract will begin 10/01/2019 and end on 09/30/2020. The Special Supplemental Nutrition for Women, Infants, and Children Program (WIC) is a nutrition education and supplemental food program for pregnant and postpartum women, breast-feeding women, infants, and children up to the age five. The program also provides information of healthy eating and referrals to health care. WIC is a federal grant program for which Congress authorizes a specific amount of funds each year. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. a RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager or the Chief Financial Officer be and they are hereby authorized to execute Amendment No. 3 to Contract No. 2017-049827-001 to accept grant funding from the Texas Department of State Health Services (DSHS) for the benefit of the Beaumont Public Health Department's Women, Infants and Children (WIC) Division in the amount of $753,335.00 for budget years FY 2019 and FY 2020. The Amendment 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 9th day of July, 2019. - Mayor Becky Ames - DocuSign Envelope ID: 073D1C93-2F35-4787-9E92-79DC21A40AE1 HEALTH AND HUMAN SERVICES COMMISSION CONTRACT No. 2017-049827-001 AMENDMENT No. 3 The HEALTH AND HUMAN SERVICES COMMISSION ("HHSC" or "System Agency") and CITY OF BEAUMONT PUBLIC HEALTH DEPARTMENT ("Grantee" or "Subrecipient"), who are collectively referred to herein as the "Parties" to that certain Women, Infant and Children's Nutrition Local Agency grant contract effective October 1, 2016 and denominated HHSC Contract No. 2017-049827-001 ("Contract"), as amended, now desiie to further amend the Contract. RECITALS WHEREAS, System Agency has elected to extend the Contract through Fiscal Year ("FY") 2020 (October 1, 2019 through September 30, 2020) in accordance with Section III of the Contract. WHEREAS, the Parties desire to revise the Budget to add funds for FY 2019 (October 1, 2018 through September 30, 2019) and FY 2020; WHEREAS; the Parties desire to revise the Statement of Work; and WHEREAS, these revisions will result in an addition of SEVEN HUNDRED EIGHTY-NINE THOUSAND FIVE HUNDRED THIRTY-EIGHT DOLLARS ($789,538.00) in federal grant funds. Now, THEREFORE, the Parties hereby amend and modify the Contract as follows: 1. The Parties agree that all references in the Contract to "Grantee" are hereby changed to "Subrecipient". 2. SECTION III of the Contract Signature Document, DURATION, is hereby amended to reflect anew termination date of September 30, 2020. SECTION IV of the Contract Signature Page, BUDGET, is deleted and replaced in its entirety with the following: IV. BUDGET The total amount of this Contract will not exceed THREE MILLION FIFTY THOUSAND SEVENTY-EIGHT DOLLARS ($3,050,078.00), of which $775,035.00 is allocated toward FY 2017 (October 1, 2016 through September 30, 2017), $775,373.00 is allocated toward FY 2018 (October 1, 2017 through September 30, 2018), $746,335.00 is allocated for FY 2019 (October 1, 2018 through September 30, 2019), and $753,335.00 is allocated for FY 2020 (October 1, 2019 through September 30, 2020). All expenditures under the Contract will be in accordance with Attachment A, Statement of Work. 4. SECTION I(D) of ATTACHMENT A, STATEMENT OF WORK, is deleted and replaced in its entirety with the following: System Agency Contract No. 2017-049827-001 Page 1 of 8 EXHIBIT "A" DocuSfgn Envelope ID: 073D1 C93-2F35-4787-9E92-79DC21A40AE1 D. Determine eligibility of applicants through assessment of their categorical eligibility, household or adjunctive income, identification, residency, nutritional status, and provide nutrition education and counseling to eligible participants. 5. SECTION In of ATTACHMENT A, STATEMENT OF WORK, is deleted and replaced in its entirety with the following: H. Conduct outreach to potential participants and implement strategies to retain existing participants in accordance with Subrecipient's outreach plan. 6. SECTION I(L) of ATTACHMENT A, STATEMENT OF WORK, is deleted and replaced in its entirety with the following: L. I Issue pre -numbered WIC Electronic Benefit Transfer (EBT) cards furnished by System Agency to qualified participants who shall use such EBT cards to obtain specified food items from participating vendors; maintain complete accountability and se6urity of all WIC EBT cards received from System Agency. Subrecipient shall be held fmancially responsible for all unaccounted WIC EBT cards and/or for the redeemed value of those issued to ineligible participants. 7. SECTION I(M) of ATTACHMENT A, STATEMENT OF WORK, is deleted and replaced in its entirety with the following: M. Subrecipient will configure all desktop, laptops, and tablets purchased with WIC funds for access to the Texas Integrated Network ("TXIN") Management Information System ("MIS") at all Subrecipient WIC clinics and administrative offices. Subrecipient will notify System Agency not less than forty-five (45) days prior to a relocation or a deployment of a new site to arrange for internet connectivity at the site. Subrecipient is responsible for all desktop, laptop, and tablet maintenance and hardware support. 8. SECTION I(N) of ATTACHMENT A, STATEMENT OF WORK, is deleted and replaced in its entirety with the following: N. Subrecipient is required to immediately address, or facilitate internal access to all its clinics, including remote access to clinic workstations, to the System Agency or its agency to facilitate the resolution of any issues restricting valid food benefit issuance to eligible WIC participants, including allowing the System Agency to make configuration changes to WIC computers. Subrecipient is required to notify the System Agency of any issues resulting in the interruption of services for a period of four (4) hours or more. 9. SECTION I(P) of ATTACHMENT A, STATEMENT OF WORK, is deleted and replaced in its entirety with the following: P. Offer services during extended hours of operation outside the traditional times of 8:00 a.m. to 5:00 p.m., Monday through Friday. 10. SECTION I(X) of ATTACHMENT A, STATEMENT OF WORK, is amended by deleting it in its System Agency -Contract No. 2017-049827-001 Page 2 of 8 DocuSign Envelope ID: 073D1 C93-2F35-4787-9E92-79DC21A40AE1 entirety and replacing it with the following: X. - If selected by the System Agency, Implement or expand the Improving Participant Experience (IPE) initiative. The IPE initiative will enable Subrecipient to enhance their clinic to promote a welcoming, child -friendly environment and any improvements to counseling spaces should promote knee- to=knee conversations, thus improving the participant's clinic experience. 1. Subrecipient shall submit proposed initiatives and required reports in a frequency and format designated by System Agency for review and approval. 2. , Subrecipient shall appoint a project coordinator to oversee the implementation and evaluation of each initiative. 3. Subrecipient shall participate in activities as requested by System Agency, including but not limited to, writing news articles, submitting mid -year and end of year reports and participating in sharing sessions. 11. SECTION I(Z) of ATTACHMENT A, STATEMENT OF WORK, is deleted and replaced in its entirety with the following: Z. Subrecipient shall resolve all possible dual participation records anytime the `.`duplicate detection" grid appears in the MIS. System Agency reserves the right to withhold payment if Subrecipient fails to accurately resolve all possible dual participation records within thirty (30) days of the appearance of the duplicate detection grid. 12. SECTION I(BB) of ATTACHMENT A, STATEMENT OF WORK, is amended by deleting it in its entirety and replacing it with the following: BB. The Summer Electronic Benefit Transfer for Children (SEBTC) project provides nourishing foods to -eligible school-age children in selected schools during the summer months. If selected by System Agency, Subrecipient will use SEBTC funds to provide the following: a. Implement SEBTC project according to System Agency -approved plan. b. Designate a SEBTC lead responsible for overseeing training, implementation, and evaluation of project activities. c. Provide customer support services for SEBTC card recipients during the benefit period. d. Submit requested updates and/or reports in a frequency and format designated by System Agency for review and approval. 13. SECTION I of ATTACHMENT A, STATEMENT OF WORK, is amended by adding the following: System Agency. Contract No. 2017-049827-001 Page 3 of 8 DocuSign Envelope 1D: 073DIC93-2F35-4787-9E92-79DC21A40AEt CC. Implement the Obesity Prevention project. 1. Subrecipient shall submit proposed initiatives for review and approval. 2. If selected by System Agency, Subrecipient shall: a. Appoint a project coordinator to oversee the implementation and evaluation of each initiative. b. Participate in activities as requested by System Agency, including but not limited to, writing news articles, and participating in sharing sessions, c. Follow the System Agency guidance related to allowable WIC costs for approved Obesity Prevention projects. d. Submit all requested reports in a frequency and format designated by System Agency for review and approval. 14. SECTIONII(A) of ATTACHMENT A, STATEMENT OF WORK, is deleted and replaced in its entirety with the following: A. Subrecipient shall ensure: 1. An average of 95% of families each quarter who participate in WIC Program by receiving food benefits shall also receive nutrition education classes or individual counseling; 2. Each quarter an average of -20% or greater of all pregnant women who enter the WIC Program are certified as eligible during the period of the first or second trimester of their pregnancy; 3. Each quarter an average of 80% of clients who are enrolled in the WIC Program, excluding dual participants and transfer locked and/or migrant clients, participate as food benefit recipients each month (breast-feeding infants are also included in the client count); and 4. 100% of participants who indicate during the enrollment process for the WIC Program that they have no source of health care are referred to at least one (1) source of health care at certification of eligibility. Subrecipient shall submit reports, if requested, in a frequency and format designated by System Agency for review and approval. 15. SECTION III(D)(6) of ATTACHMENT A, STATEMENT OF WORK, is deleted and replaced in its entirety with the following: 6. Surplus encumbered by September 30 shall be billed and vouchers received by System Agency no later than 60 calendar days following the Contract term. 16. The Parties agree to revise the supplemental condition for Section 2.02, Final Billing Submission in ATTACHMENT D, SUPPLEMENTAL AND SPECIAL CONDITIONS by deleting it in its entirety and replacing it with the following: System Agency Contract No. 2017-049827-001 Page 4 of 8 DocuSign Envelope ID; 073DIC93-2F35-4787-9E92-79DC21A40AE1 Unless otherwise provided by' the System Agency, Subrecipient shall submit a reimbursement or payment request as a final close-out invoice not later than sixty (60) calendar days following the end of the term of the Contract. Reimbursement or payment requests received in the System Agency's offices more than sixty (60) calendar days following the termination of the Contract may not be paid. 17. The Parties agree to revise the supplemental condition for Section 2.03, Financial Status Reports (FSRs) in ATTACHMENT D, SUPPLEMENTAL AND SPECIAL CONDITIONS by deleting it in its entirety and replacing it with the following: Except as otherwise provided in" those Uniform Terms and Conditions or in the terms of any Attachment(s) that is incorporated into the Contract, Subrecipient shall submit quarterly FSRs to System Agency by the last business day of the month following the end of each quarter of the Program Attachment term for System Agency review and financial assessment. Subrecipient shall submit the final FSR no later than sixty (60) calendar days following the end of the applicable Fiscal Year. 18. Article IX Miscellaneous Provisions of the Health and Human Services Commission Uniform Terms and Conditions — Grant, Version 2.13, previously referenced Section 9.22 Equipment and Supplies, is deleted and replaced with the following: a. Grant Purchased Equipment. Equipment means tangible personal property having a useful lifetime of more than one year and a per-unit acquisition cost that exceeds the lesser of the capitalization level established by the of $5,000 or more. Subrecipient shall inventory all equipment, and report the inventory on the DSHS GC -11 Contractor's Property Inventory Report form. 1. Tangible personal property includes controlled assets, including firearms, regardless of the acquisition cost, and the following assets with an acquisition cost of $500 or more, but less than $5,000, which includes desktop and laptop computers (including notebooks, tablets and similar devices), non-portable printers and copiers, emergency management equipment, communication devices and systems, medical and laboratory equipment, and media equipment are also considered Supplies. 2. Prior approval by System Agency of the purchase of Controlled Assets is not required unless stipulated by WIC program policy, but such purchases must be reported on the DSHS GC -I1 Contractor's Property Inventory Report form as detailed in this section. b. Supplies. 1. Supplies are defined as consumable items necessary to carry out the services under this Contract including medical supplies, drugs, janitorial supplies, office supplies, patient educational supplies, software, and any items of tangible personal property other than those defined as equipment above. System Agency Contract No. 2017-049827-001 Page 5 of 8 DocuSign Envelope ID: 073D1C93-2F36-4787-9E92-79DC2lA40AE1 c. Property Inventory and Protection of Assets. 1. Subrecipient shall inventory of equipment supplies defined as controlled assets, and property described in this Section annually and maintain a cumulative report of the equipment and other property on DSHS GC -11 Contractor's Property Inventory Report form. 2. Subrecipient is responsible for maintenance and accuracy of this inventory and it shall be available for review upon System Agency request. The DSHS GC -11 Contractor's Property Inventory Report form is located at: http://www.dshs.state.tx.us/contracts/f`orms.shtnL 3. Subrecipient shall maintain, repair, and protect assets under this Contract to assure their full availability and usefulness. 4. If Subrecipient is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or. damage to the assets provided or obtained under this Contract, Subrecipient shall use the proceeds to repair or replace those assets. d. Assets as Collateral Prohibited. Subrecipients on a cost reimbursement payment method shall not encumber equipment purchased with System Agency funds without prior written approval from the System Agency. e. Disposition of Property. 1. Subrecipient shall follow the procedures in the American Hospital Association's (AHA) "Estimated Useful Lives of Depreciable Hospital Assets" in disposing, at any time during or after the Contract term, of equipment purchased with System Agency funds, except when federal or state statutory requirements supersede or when the equipment requires licensure or registration by the state, or when the acquisition price of the equipment is equal to or greater than $5,000. 2. All other equipment not listed in the AHA reference (other than equipment that requires licensure or registration or that has an acquisition cost equal to or greater than $5,000) will be controlled by the requirements of UGMS. 3. If, prior to the end of the useful life, any item of equipment is no longer needed to perform services under this Contract, or becomes inoperable, or if the equipment requires licensure or registration or had an acquisition price equal to or greater than $5,000, Subrecipient shall request disposition approval and instructions in writing from the contract manager assigned to this Contract. 4. After an item reaches the end of its useful life, Subrecipient shall ensure that disposition of any equipment is in accordance with Generally Accepted Accounting Principles, and any applicable federal guidance. f. Closeout of Equipment. At the end of the term of a Contract that has no additional renewals or that will not System Agency Contract No. 2017-049827-001 Page 6 of 8 DocuSign Envelope ID: 073DiC93-2F35-4787-9E92-79DC2lA40AEi be renewed (Closeout), or when a Contract is otherwise terminated, Subrecipient shall submit to the contract, manager assigned to this Contract, an inventory of equipment purchased with grant funds and request disposition instructions for such equipment. All -equipment purchased with grant funds must be secured by Subrecipient at the time of Closeout, or termination of this Contract, and must be disposed of according to System Agency's disposition instructions, which may include return of the equipment to System Agency or transfer of possession to another System Agency contractor, at Subrecipient's expense. 19. This Amendment No. 3 shall be effective as of July 1, 2019 or upon the date this Amendment is signed by both Parties, whichever occurs later. 20. Except as amended and modified by this Amendment No. 3 all terms and conditions of the Contract, as amended, shall remain in full force and effect. 21. Any -further revisions to the Contract shall be by written agreement of the Parties. SIGNATURE PAGE FOLLOWS System Agency Contract No. 2017-049827-001 Page 7 of 8 DocuSlgn Envelope ID: 073D1 C93-2F35.4787-9E92-79DC21A40AE1 SIGNATURE PAGE FOR AMENDMENT No. 3 HHSC CONTRACT No. 2017-049827-001 HEALTH AND HUMAN SERVICES COMMISSION CITY OF BEAUMONT PUBLIC HEALTH DEPARTMENT i MIS Name: Kyle Hayes Title: City Manager Date of Execution: Date of Execution: THE FOLLOWING ATTACHMENTS ARE ATTACHED AND INCORPORATED AS PART OF THE CONTRACT: ATTACHMENT A-1 FFATA System Agency Contract No. 2017-049827-001 Page 8 of 8 DocuSlgn Envelope ID: 073DIC93-2F35-4787-9E92-79DC21A40AE1 Fiscal Federal, Funding Accountability and Transparency Act (FFATA) CERTIFICATION The certifications enumerated below represent material facts upon which DSHS relies when reporting information to the federal government required under federal law. If the Department later determines that the Contractor knowingly rendered an erroneous certification, DSHS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DSHS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. If the Signor cannot certify all of the statements contained in this section, Signor must provide written notice to DSHS detailing which of the below statements it cannot certify and why. Legal Name of Contractor: FFATA Contact # 1 Name, Email and Phone Number: Primary Address of Contractor: FFATA Contact #2 Name, Email and Phone Number: ZIP Code: 9 -digits Required www.usps.com DUNS Number: 9 -digits Required www.sam.gov State of Texas Comptroller Vendor Identification Number (VIN)14 Digits Printed Name of Authorized Representative Signature of Authorized Representative Kyle Hayes Title of Authorized Representative Date city Manager -1- Department of State Health Services Form 4734 — June 2013 DocuSlgn Envelope ID: 073D1C93-2F35-4787-9E92-79DC21A40AE1 Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION As the duly authorized representative (Signor) of the Contractor, I hereby certify that the statements made by me in this certification form are true, complete and correct to the best of my knowledge. Did your organization have a gross income, from all sources, of less than $300,000 in your previous tax year? ❑ Yes ❑ No If your answer is "Yes", skip questions "A", "B", and "C" and finish the certification. If your answer is "No", answer questions "A" and "B". A. Certification Regarding % of Annual Gross from Federal Awards. Did your organization receive 80% or more of its annual gross revenue from federal awards during the preceding fiscal year? ❑ Yes ❑ No B. Certification Regarding Amount of Annual Gross from Federal Awards. Did -your organization receive $25 million or more in annual gross revenues from federal awards in the preceding fiscal year? ❑ Yes ❑ No If your answer is "Yes" to both question "A" and "B", you must answer question "C". If your answer is "No" to either question "A" or "B", skip question "C" and finish the certification. C. Certification Regarding Public Access to Compensation Information. Does the public have access to information about the compensation of the senior executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 3.934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? ❑ Yes ❑ No If your answer is "Yes" to this question, where can this information be accessed? If your answer is "No" to this question, you must provide the names and total compensation of the top five highly compensated officers below. For example: John Blum:500000; Mary Redd.,50000;Eric Gant:400000;Todd Platt:300000; Sally Tom:300000 Provide compensation information here: -2- Department of State Health Servlces Form 4734 —June 2013 ran BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: July 9, 2019 REQUESTED ACTION: Council consider a resolution approving a contract with Brenntag Southwest, Inc. of Lancaster for the purchase of aluminum sulfate for use in the Water Utilities Department. BACKGROUND Aluminum Sulfate is used to clarify and purify the City's water supply. The Water Utilities Department expects to purchase approximately two thousand (2000) dry tons of this material during the term of this contract. Bids were requested from nine vendors and three responses were received. Brenntag Southwest, Inc. responded with a bid of $184.33 per ton and a total estimated amount of $368,660. This represents an 2.5% decrease in the price of this material from the last contract. Specifications allow for a twelve month contract with the option of two renewals of twelve month terms at the same pricing as the awarded contract. Brenntag Southwest, Inc., has the current contract. There are no local vendors of this commodity. Bid tabulation is attached. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. City of Beaumont Texas BEAUM©NT Purchasing Division Bid Tabulation TEXAS Bid Name: Annual Contract for Water Treatment Chemicals- Aluminum Sulfate Bid Number: TF0519-38 Bid Opening: Thursday, June 20, 2019 Contact Person: Terry Welch, Senior Buyer terry.we Ich (cD beaumonttexas.g ov Phone 409-880-3107 Qualified low bidder is Brenntag Southwest, Inc as Hi Lighted in Bold. Brenntag Southwest, Inc. GEO Specialty Chemicals, Inc Chemtrade Chemicals US, LL Vendor City / State Lancaster, Texas Little Rock, AR Parsippany, NJ Phone or Fax No. 713-450-4699 501-888-1148 973-515-1855 DESCRIPTION QTY Lbs Unit Price Extended Unit Price Extended Price Unit Price Extended Price e Aluminum Sulfate 2,000 DRY $184.33/Dry $368,660.00 $214.80/Dry $429,600.00 $385/Dry $770,000.00 TONS Ton Ton Ton TOTAL BID $368,660.00 $429,600.00 _ $770,000.00 Qualified low bidder is Brenntag Southwest, Inc as Hi Lighted in Bold. RESOLUTION NO. WHEREAS, bids were solicited for an annual contract for the purchase of Aluminum Sulfate for use by the Water Utilities Department; and, WHEREAS, Brenntag Southwest, Inc., of Lancaster, Texas, submitted a bid for an estimated amount of $368,660.00 as shown below: Quantity Description Price/Ton 2000 Dry Tons Aluminum Sulfate $184.33 Estimated Annual cost: Aluminum Sulfate $368.660.00 ;and, WHEREAS, the City Council is of the opinion that the bid submitted by Brenntag Southwest, Inc., of Lancaster, Texas, is the lowest responsible bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Brenntag Southwest, Inc., of Lancaster, Texas, for an annual contract for the purchase of Aluminum Sulfate for use by the Water Utilities Department in the unit amounts as shown above for an estimated amount of $368,660.00 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 contract with Brenntag Southwest, Inc., of Lancaster, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of July, 2019. - Mayor Becky Ames - C BEAUMONT TEXAS TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: BACKGROUND City Council Kyle Hayes, City Manager Todd Simoneaux, Chief Financial Officer July 9, 2019 Council consider a resolution approving multiple contracts for the purchase of medical supplies used in the EMS Division. Specifications required bidders to submit pricing for 176 -line items, separated into nine specific categories. Bids were evaluated upon the lowest total price per category on an all or none basis which provides the best value to the City. Only bidders providing pricing for every item within each category were considered. Pricing is to remain firm for the term of the contract. Bids were received from seven vendors for an annual contract for medical supplies to be used by the EMS Division. The administration recommends the award of a one year contract to the following vendors: Sections 1, 2, 5, 6, 7 and 8 - Bound Tree Medical of Dublin, Ohio for $ 22,197.59, $32,906.12, $5,934.55, $1,401.92, $8,787.87 and $589.01; respectively. Sections 3- Henry Schein, Inc., Irmo, South Carolina for $510.17. Section 4 — Concordance Healthcare Solutions of Tiffin, Ohio for $43,923.94. Section 9- Life -Assist, Inc. of Rancho Cordova, California for $23,885.00. Concordance Healthcare Solutions was the lowest bidder in this category but did not meet required specs. The estimated total cost for the four contracts is $140,136.17. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. CITY OF BEAUMONT, BEAUMONT, TEXAS BEAUMONT TEXAS PURCHASING DIVISION BID TABULATION Bid Name: ANNUAL CONTRACT FOR MEDICAL SUPPLIES FOR EMS Bid Number: MF0619-44 Bid Opening: THURSDAY, JUNE 6, 2019 Contact Person: Christy Williams, Buyer II christy.williams@beaumonttexas.gov Phn - AnQ_AAn_Z7SA Unipak of Brooklyn, New York, submitted a no -bid Sub gloves submitted by Concordance and the Glove Box were not acceptable quality to our EMS department. Concordance Healthcare Solutions, LLC Bound Tree Medical Tiffin, Ohio Dublin, Ohio QuadMed Inc. Jacksonville, Florida Henry Schein The Glove Box Life -Assist, Inc. Charlotte, North Rancho Cordova, Irmo, South Carolina Carolina California CATEGORY TOTAL BID PRICE TOTAL BID PRICE TOTAL BID PRICE TOTAL BID PRICE TOTAL BID PRICE TOTAL BID PRICE CATEGORY 1 - AIRWAY $28,658.29 $22,197.59 $29,670.12 $33,042.53 $30,930.52 CATEGORY 2 - DIAGNOSTIC $47,733.97 $32,906.12 $47,447.96 $57,784.01 $45,092.32 CATEGORY 3 - INFECTION CONTROL $539.30 $599.86 $806.95 $510.17_ $718.55 CATEGORY 4 - IV & SYRINGES $43,923.94` $62,265.03 $0.00 $49,240.75 $55,037.17 CATEGORY 5 - SPLINTS & IMMOBILIZERS $7,445.62 $5,934.55 $7,116.26 $6,515.00 $7,277.06 CATEGORY 6 - SUCTION $1,593.88 $1,401.92 $2,022.66 $1,996.88 $2,110.25 CATEGORY 7 - WOUND CARE $9,920.56 $8,787.87 $0.00 $10,535.95 $15,815.67 CATEGORY 8 - MISCELLANEOUS $1,805.01 $589.01' $1,615.39 $1,606.86 $1,673.28 CATEGORY 9 - MEDICAL GLOVES $19,844.00 $24,733.10 $24,573.23 $30,977.00 $23,687.50 $23,885.00 TOTALS: $161,464.57 $159,415.05 $113,252.58 $192,209.15 $23,687.50 $182,539.82 DELIVERY - Number of consecutive calendar days after receipt of order. 3 days 3 days 4 days 2 days 4 days 4 days Minimum for Credit Card orders $100.00 $0.00 $0.00 $50.00 $0.00 $0.00 Unipak of Brooklyn, New York, submitted a no -bid Sub gloves submitted by Concordance and the Glove Box were not acceptable quality to our EMS department. RESOLUTION NO. WHEREAS, bids were solicited for a one (1) year contract for medical supplies for use by Beaumont EMS; and, WHEREAS, Bound Tree Medical, of Dublin, Ohio, submitted bid in the amounts of $22,197.59, $32,906.12, $5,934.55, $1,401.92, $8,787.87, and $589.01 for line item Categories 1, 2, 5, 6, 7 and 8, respectively, as shown on and listed in Exhibit "A," attached hereto; and, WHEREAS, Henry Schein, Inc., of Irmo, South Carolina, submitted a bid in the amount of $510.17 for line item Category 3 as shown on and listed in Exhibit "A," attached hereto; and, WHEREAS, Concordance Healthcare Solutions, of Tiffin, Ohio, submitted a bid in the amount of $43,923.94 for line item Category 4 as shown on and listed in Exhibit "A," attached hereto; and, WHEREAS, Life -Assist, Inc., of Rancho Cardova, California, submitted a bid in the amount of $23,885.00 for line item Category 9 as shown on and listed in Exhibit "A," attached hereto; and, WHEREAS, City Council is of the opinion that the bids as submitted for the referenced categories by Bound Tree Medical, of Dublin, Ohio; Henry Schein, Inc., of Irmo, South Carolina; Concordance Healthcare Solutions, of Tiffin, Ohio; and, Life - Assist, Inc., of Rancho Cardova, California, provides 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 bids submitted by Bound Tree Medical, of Dublin, Ohio for line item Categories 1, 2, 5, 6, 7 and 8; Henry Schein, Inc., of Irmo, South Carolina, for line item Category 3; Concordance Healthcare Solutions, of Tiffin, Ohio, for line item Category 4; and, Life -Assist, Inc., of Rancho Cardova, California for line item Category 9 for a one (1) year contract for medical supplies for use by Beaumont EMS in the amounts shown on and listed in Exhibit "A" be accepted by the City of Beaumont. THAT the City Manager be and he is hereby authorized to execute contracts with Bound Tree Medical, of Dublin, Ohio; Henry Schein, Inc., of Irmo, South Carolina; Concordance Healthcare Solutions, of Tiffin, Ohio; and, Life -Assist, Inc., of Rancho Cardova, California, 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 9th day of July, 2019. - Mayor Becky Ames - ro BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: July 9, 2019 REQUESTED ACTION: Council consider approving an agreement with Whitley Penn, LLP, of Houston, for auditing services. BACKGROUND The Beaumont City Charter states "no auditor or firm of auditors shall serve as auditor for the City of Beaumont for more than four successive years." BKD, LLP audited the fiscal year 2018 financial statements, which was the fourth and final year of their agreement. City staff solicited, reviewed, and analyzed responses to requests for proposals (RFP) from five accounting firms. Proposals were evaluated based upon three sets of criteria: mandatory elements, technical qualifications, and price. Whitley Penn met the criteria as set forth in the RFP to serve as auditor. Audit services will commence with the fiscal year ending September 30, 2019 and may be extended by mutual consent to fiscal years 2020, 2021 and 2022. Interim work would be scheduled to begin in August and the audit reports would be scheduled to be completed before March 31, 2020. The evaluation is attached. FUNDING SOURCE The agreement amount including expenses will not be greater than $99,750 for the first year. Funds will be available in the General Fund's FY 2020 budget for this expenditure. Fees for the audits of fiscal years 2020, 2021, and 2022 will be $101,745, $103,780 and $105,855; respectively. RECOMMENDATION Approval of the resolution. City of Beaumont, Texas RFP Number: PF0519-09 RFP Name: Auditing Services RFP Date: June 13, 2019 Criteria Maximum Points Whitley Penn Houston, Tx Weaver and Tidwell Houston, Tx Grant Thornton Houston, Tx McConnell and Jones Houston, Tx Belt Harris Pechacek Houston, Tx Mandatory Elements 35 35 35 34.50 30 35 Technical Qualifications 35 35 34 33.50 31 22.50 Price 30 29 27.50 23 30 21.50 Total Points 100 99 96.50 91 91 90 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the firm of Whitley Penn, LLP, of Houston, Texas, be and it is hereby designated as the independent auditing firm for the City of Beaumont in the amount of no greater than $99,750.00 for the fiscal year ending September 30, 2019 with an option to renew on a, year-to-year basis for a period not to exceed three (3) additional years, upon mutual consent of both parties. Fees for the audits of fiscal years 2020, 2021, and 2022 will be $101,745.00, $103,780.00, and $105,855.00, respectively. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes; and, THAT the City Manager be and he is hereby authorized to execute the contract with Whitley Penn, LLP 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 9th day of July, 2019. - Mayor Becky Ames - APPENDIX E THE STATE OF TEXAS § COUNTY OF JEFFERSON § Professional Services Contract This Professional Services Contract ("Contract") is hereby entered into on this day of 2019 and effective immediately by and between ("Contractor") and the City of Beaumont ("City"), a municipal corporation located in Jefferson County, Texas acting by and through its City Manager of his/her designee. WITNESSETH: That in consideration of the covenants and agreements hereinafter contained and subject to the terms and conditions hereinafter stated, the parties hereto do mutually agree as follows: I. Description of Work For the consideration hereinafter agreed to be paid to the Contractor by the City, Contractor will conduct an independent audit of the basic financial statements of the City for the fiscal year(s) ending September 30, 2019 and other related services ("services") as described in Contractors proposal. The services are to conform in every respect to this Contract and the following documents: • City Request for Proposal (RFP); and • Contractor's Proposal ("Proposal") to the RFP. All documents referred to above are incorporated herein as if written word for word. In the case of conflict the language of any of the documents listed above and this contract, the terms and conditions of this contract shall be final and binding on all parties. In the case of conflict in the language of the RFP and Proposal, the terms and conditions of the RFP shall be final and binding on all parties. II. Term This Contract shall commence on the day and year first written above and will terminate on the issuance of internal control recommendation letters and Single Audit Reports or May 31, 2020, whichever occurs first in accordance with the Proposal. This Contract may be extended on a year to year basis, for a period not to exceed one (1) additional year, upon mutual consent of City and Contractor. If Contractor desires to extend this Contract beyond the initial term, Contractor shall request such extension sixty (60) days prior to the expiration of the initial term of any extension thereof. EXHIBIT "A" Fees will be as follows: Fiscal"° Year Financial and Comprehensive Audit Fee Out -of -Pocket Expenses, Total Fee 2019 $ $ $ 2020 $ $ $ 2021 $ $ $ 2022 $ $ $ Total Payment to Contractor will not exceed the amount specified above for each fiscal period, unless other conditions necessitate additional services which must be authorized in advance by the City Manager. Contractor's charges for services are not to exceed similar charges of Contractor for comparable services to other clients. Contractor will submit periodic billings for services rendered on the basis of hours of work completed during the course of the engagement and out of pocket expenses incurred in accordance with Contractor's dollar cost bid proposal. Interim billings shall cover a period of not less than a month. No interest shall ever be due on late payments. Payments to Contractor will be in the amount shown by the monthly statement and other documentation submitted and shall be subject to the approval of the Chief Financial Officer. City shall not be liable under this Contract for any services which are unsatisfactory or which have not been approved by City. Contractor will not be entitled to reimbursement for expenses incurred in accordance with this Contract unless Contractor has obtained the prior written consent of City to incur such expenses. For services not included in this Contract, it is agreed between City and Contractor that a separate agreement shall be entered into to cover such additional services. Any and all charges made to City, other than those specified in this Contract, shall be fully explained in a signed written document delivered to the Chief Financial Officer prior to incurring any charge or fee in excess of the amount stated in this Contract. Such written explanations shall include, but not be limited to: • nature of the additional charge, • • hours, • • hourly rate, • • statement that services provided were not included in basis Contract. -62- basis of such charge, persons involved, costs incurred, and Any out of pocket expenses will require approval of the Chief Financial Officer. Contractor will not incur such expenses until written approval is obtained from the Chief Financial Officer. Contractor and City recognize that the continuation of any contract after the close of any given fiscal year, which ends September 30 each year, of City shall be subject to the approval of the City Manager. III. Scope of Services Contractor agrees to provide the services under this Contract in accordance with the U.S. generally accepted auditing standards (GAAS), Government Auditing Standards (GAS), the Single Audit Act of 1984 as currently amended, the provisions of Uniform Guidance and to perform the services to the highest professional standards. IV. City's Responsibility City agrees to: 1) Have City accounting staff provide necessary prepared -by -client working papers normally required for the annual audit and locate and reproduce documents necessary to the audit. 2) Provide adequate work space and physical facilities needed to complete services. V. Staff Requirements Contractor agrees that staff assigned to City's audit shall contain at least one (1) person with two (2) or more years of governmental auditing experience. This person shall be at a senior or higher level. There shall be at least one (1) additional person that has completed a minimum of one (1) full year in governmental auditing. Staff provided on site at City will be computer literate and knowledgeable of spreadsheet software. VI. Schedule A. Contractor agrees to meet the following time deadlines for each fiscal period: 1. All working papers to be prepared by City must be submitted, by written list, to City on or before September 30 of each year together with adequate written explanatory detail as to the purpose of the working papers as well as the methodology to be used in preparing such working papers and agreed-upon timing. -63 - 2. Preliminary audit work conducted prior to year end closing may be scheduled by Contractor at a mutually agreeable time and date. Audit fieldwork must be completed by January 31. 4. Year end audit adjustments and trial balances are to be submitted to City no later than February 28. 5. The completed CAFR and Single Audit Report drafts must be presented to the City Council by March 31. 6. The management letter shall be submitted no more than thirty (30) calendar days after the submission of the CAFR. 7. Copies of all working papers or schedules shall be maintained by the Contractor for the latter of five (5) years acceptance by Council and all relevant Federal and State agencies or the time period required by any funding sources. B. The audit shall not be considered complete until the relevant Federal and State agencies have approved the audit plan and accepted the single audit report in writing. VII. Termination It is agreed and fully understood that City may, at its option and without prejudice to any other remedy it may be entitled to at law or in equity, cancel or terminate this Contract upon thirty (30) days' written notice to Contractor with the understanding that immediately upon receipt of said notice, all work being performed thereunder shall cease. Contractor shall be compensated in accordance with the terms of this Contract for all services performed through the date of receipt of notice provided that the City shall not be obligated to pay for any work which is unsatisfactory or not submitted in compliance with the terms of this Contract. Contractor shall deliver all original source documents belonging to City immediately after notice of termination of this Contract has been received by Contractor. VIII. Ownership of Documents All original source documents given to Contractor under the Contract are the sole property of City and shall be delivered to City without restriction on future use. IX. Confidential Work No reports, information, project evaluation, data or any other documentation developed by, given to, prepared by or assembled by Contractor under this Contract shall be disclosed or made available to any individual or organization by Contractor without the express prior written -64- approval of City. X. Contractors Liability Acceptance by City of Contractor's reports shall not constitute or be deemed a release of the responsibility and liability of Contractor, its employees, agents of associates for the accuracy and competency of their reports, information and other documents or services; nor shall acceptance or approval be deemed to be the assumption of such responsibility by City for any defect, error, or omission in the documents prepared by Contractor, its employees, agents or associates. XI. Non -Discrimination As a condition of this Contract, Contractor covenants that Contractor will take all necessary actions to insure that, in connection with any work under this Contract, Contractor, its associates and subcontractors, will not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex, ancestry, place of birth, or disability, either directly, indirectly or through contractual or other arrangements. In this regard, Contractor shall keep, retain and safeguard all records relating to this Contract or work performed thereunder place of birth, or disability, either directly, indirectly or through contractual or other arrangements. In this regard, Contractor shall keep, retain and safeguard all records relating to this Contract or work performed thereunder for a minimum period of five (5) years from the final contract completion, with full access allowed to authorized representatives of City, upon request, for purposes of evaluating compliance with this and other provisions of the Contract. XII. Notices All notices, communications and reports required or permitted under this Contract shall be personally delivered or mailed to the respective parties by depositing same in the United States mail, postage prepaid, at the address shown below, unless and until either party is otherwise notified in writing by the other party, at the following addresses. Mailed notices shall be deemed communicated as of five (5) days after mailing. If intended for City Mail to: Todd Simoneaux, CPA Chief Financial Officer City of Beaumont P.O. Box 3827 Beaumont, TX 77704-3827 -65- Or Deliver to: Todd Simoneaux, CPA Chief Financial Officer City of Beaumont 801 Main St., Ste. 320 Beaumont, TX 77701 If intended for Contractor, Mail to: XIII. Applicable Law This Contract -is entered into subject to the Charter and Ordinances of City as they may be amended from time to time and is subject to and is to be construed, governed and enforced under all applicable Federal and State laws. Contractor will.make any and all reports required by Federal, State or local law, including but not limited to, proper reporting to Internal Revenue Service, as required in accordance with the Contractor's income. Situs of this Contract is agreed to be Jefferson County, Texas for all purposes including performance and execution. XIV. Severability If any of the terms, provisions, covenants or conditions of this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect any other provisions of this Contract. All provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. Any other provisions of this Contract shall be consider as if such invalid, illegal or unenforceable provision had never been contained in this Contract. 11010'V XV. Default If at any time during the term of this Contract, Contractor shall fail to commence work, in accordance with the provisions of this contract, fail to diligently provide services in an efficient, timely and careful manner and in strict accordance with the provisions of this Contract, fail to use adequate number or quality of personnel to complete the work or fail to perform any of its obligations under this Contract, then City shall have the right, if Contractor shall not cure any such default after fifteen (15) days' written notice thereof, to terminate this contract and complete the work in the manner it deems desirable, including engaging the services of other parties therefore. Any such act by City shall not be deemed a waiver of any right or remedy of City. If, after exercising any such remedy, the cost to the City of the performance of the balance of the work is in excess of that part of the Contract sum which has no theretofore been paid to Contractor thereunder, Contractor shall be liable for and shall reimburse the City for such expenses. XVI. Monies Withheld When City has reasonable grounds for believing that Contractor will be unable to perform this Contract fully and satisfactorily within the time fixed for performance, or that meritorious claim exists or will exist against Contractor or City arising out of the negligence, error or omission of Contractor or Contractor's breach of any provision of this Contract, then City may withhold payment of any amount otherwise due to Contractor under this Contract. Any amount so withheld may be retained by City for that period as it may deem advisable to protect City against any loss. City may, after written notice to Contractor, apply such money in satisfaction of any claim(s). This provision is intended solely for the benefit of City and no other person or entity shall have any right against City or claim against City by reason of City's failure or refusal to withhold monies. No interest shall be payable by City on any amounts withheld under this provision. This provision is not intended to limit or in any way prejudice any other right of City. XVII. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless City, its officers, agents and employees from any and all damages, loss or liability of any kind whatsoever by reason of death or injury to property to third persons caused by negligent act, error or omission of Contractor, its officers, agents, employees, invitees or other persons for whom Contractor is legally liable with regard to the performance of this Contract. Contractor will, at its own expense, defend, pay on behalf of and protect City, its officers, agents and employees against any and all such claims and demands. XVIII. Insurance A. Contractor shall at Contractor's own expense, purchase and keep in force during the term of this Contract such insurance as set forth below. Contractor shall not commence work -67- under this Contract until Contractor has obtained all insurance required and such insurance has been approved by City. All insurance policies provided under this Contract shall be written on an "occurrence basis" unless otherwise indicated. The insurance requirements shall remain in effect throughout the term of this Contract. 1. Professional liability insurance — including contractual liability in an amount not less than $500,000. 2. Commercial general liability insurance - $500,000 combined single limit per occurrence for bodily injury, personal injury and property damage; this policy shall have no coverage removed by exclusion. Automobile liability - $500,000 combined single limit per accident for bodily injury and property damage; coverage should be provided as a "Code 1", any auto. 4. Workers compensation and employers' liability policy limits shall meet the minimum requirements defined in the Texas Workers' Compensation Commission. B. Other Insurance Provisions 1. City shall be named as an additional insured on the commercial general liability and automobile liability insurance policies. These insurance policies shall contain the appropriate additional insured endorsement signed by a person authorized by that insurer to bind coverage on its behalf. 2. Should professional liability coverage be provided on a "claims -made" form, Contractor must maintain this policy for a period of four (4) years after completion of this contract or purchase extended reporting period or "tail" coverage. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled or reduced in coverage or in limits except after thirty (30) days prior to written notice has been provided to City. 4. Insurance is to be placed with insurers with a Best rating of no less than "AMI". The company must also be duly authorized to transact business in the State of Texas. 5. Workers compensation and employer's liability coverage — The insurer shall agree to waive all rights of subrogation against City, its officials, employees and volunteers for losses arising from the activities under this Contract. 6. Certificates of insurance completed on the Accord form only and endorsements effecting coverage required by this clause shall be forwarded to: Purchasing Manager City of Beaumont P.O., Box 3827 Beaumont, TX 77704-3827 XIX. Remedies No right or remedy granted herein or reserved to the parties is exclusive of any other right or remedy herein granted by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given thereunder. NO covenant or condition of this Contract may be waived without consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Contract. XX. Independent Contractor Contractor, covenants and agrees that he/she is an independent contractor and not an officer, agent, servant or employee of City; that Contractor shall have exclusive control of and exclusive right to control the details of the work performed thereunder and all persons performing same shall be responsible of the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants; the doctrine of respondent superior shall not apply as between City and Contractor, its officers, agents, employees, contractors, subcontractors and consultants; and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. XXI. Entire Agreement This Contract embodies the complete agreement of the parties hereto, superseding all oral, written, previous and contemporary agreements between the parties relating to matters herein, and except as otherwise provided herein, cannot be modified without written agreement of the parties. XXII. Successors and Assigns City and Contractor each bind themselves, their successors, executors, administrators and assigns to the other party in this Contract. Neither City nor Contractor will assign, sublet, subcontract or transfer any interest in this Contract without the written consent of the other party. No assignment, delegation of duties or subcontract under this Contract will be effective without the written consent of the City. XXIII. Non -Waiver It is further agreed that one (1) or more instances of forbearance by City in the exercise of its rights herein shall in no way constitute a waiver thereof. XXIV. Headings The headings of this Contract are for the convenience of reference only and shall not affect in any manner any of the terms and conditions thereof. XXV. Changes City may, from time to time, require changes in the scope of services to be performed under this Contract. Such changes as are mutually agreed by and between City and Contractor shall be incorporated by written modification to this Contract. XXVI. Performance of Services Contractor, its associates and employees shall perform all services called for in this Contract. Contractor covenants and agrees that all of its associates and employees who work on the engagement shall be fully qualified to undertake same and competent to perform the services described in this Contract. XXVII. Conflict of Interest Contractor covenants and agrees that Contractor, its associates and employees will have no interest, and will acquire in interest either direct or indirect, which will conflict in any manner with the performance of the services called for under this contract. All activities, investigations and other efforts made by Contractor pursuant to this Contract will be conducted by employees, associates or subcontractors of Contractor. XXVIII. No Third Party Beneficiary For purposes of this contract, including its intended operation and effect, the parties (City and Contractor) specifically agree and contract that: The Contractor only affects matters/disputes between the parties to this Contract and is in no way intended by parties to benefit or otherwise affect any third person or entity, notwithstanding the fact that such third person or entities may be in a contractual relationship with City or Contractor or both; and -70- 2. The terms of this Contract are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either City or Contractor. XXIX. Venue The parties to this Contract agree and covenant that this Contract will be enforceable in Beaumont, Texas and that if legal action is necessary to enforce this Contract, exclusive venue will lie in Jefferson County, Texas. XXX. Procurement of Goods/Services from Beaumont Businesses and/or Historically Underutilized Businesses In performing this Contract, Contractor agrees to use diligent efforts to purchase goods/services from Beaumont businesses whenever such goods/services are comparable in quality and price. As a matter of policy with respect to City contracts and procurements, City also encourages the use, if applicable, of qualified contractors, subcontractors and suppliers where at least fifty one percent (51 %) of the ownership of such contractor, subcontractor or supplier is vested in ethnic minorities or women. The City MBE Policy set out a goal of 20% minority participation for construction contracts greater than $50,000 and 20% for professional services contracts greater than $25,000. In the selection of subcontractors, suppliers or other persons in organizations proposed for work on this Contract, the Contractor agrees to consider this policy and to use its reasonable and best efforts to select and employ such company or persons for work on this Contract. In witness whereof, the parties hereunto set their hands by their representatives duly authorized on this day and year first written above. CONTRACTOR By Signature Printed/Typed NAME Printed/Typed TITLE Tax Identification Number Witness: -71- CITY OF BEAUMONT Signature KYLE HAYES Printed/Typed NAME CITY MANAGER Printed/Typed TITLE Tax Identification Number Attest: Printed/Typed NAME Printed/Typed TITLE THE STATE OF TEXAS § COUNTY OF JEFFERSON § TINA BROUSSARD Printed/Typed NAME CITY CLERK Printed/Typed TITLE . Contractor Acknowledgment Before me, a Notary Public in and for the State of Texas, on this day personally appeared , known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed same for and as the act and deed of , as , thereof, and for the purposes and consideration therein expressed and in the capacity therein stated. Given under my hand and seal of office this the day of , 2019. Notary Public in and for the State of Texas Commission Expires THE STATE OF TEXAS COUNTY OF JEFFERSON Notary's Printed Name City Acknowledgement Before me, a Notary Public in and for the State of Texas, on this day personally appeared , known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that same was the act of said City of Beaumont, Texas, a municipal corporation of the State of Texas, and as the City Manager thereof, and for the purposes and consideration therein expressed in the capacity therein stated. Given under my hand and seal of office this the day of , 2019. Notary Public in and for the State of Texas Commission Expires Notary's Printed name -72- E BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: July 9, 2019 REQUESTED ACTION: Council consider a resolution approving the purchase of pipe bursting equipment from TT Technologies, Inc. of Aurora, Illinois for use by the Water Utilities Department. BACKGROUND The Water Utilities Department utilizes pipe bursting equipment to move damaged sewer lines out of the way to prepare for the installation of new pipe. The City equipment currently being used was purchased in 1992 and has to be repaired frequently. This purchase in the total amount of $54,480.50 will provide updated equipment which will shorten repair time of sewer mains by reducing down time due to broken equipment. TT Technologies, Inc. is the sole source manufacturer of the Grundocrack pipe bursting equipment. This purchase will allow for use with other equipment currently owned by the City. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. The green line is the route to the primary entrance. Each morning a large amount of workers arrive at the same time and traffic backs up along Sycamore Street due to trucking delays just south of the railroad tracks. The red lines are the "shortcuts" that workers take to skip the line. As the workers detour through the neighborhood in an attempt to skip the main line, they begin queuing on the residential roads. Proposed Solutions: Exxon has met several times with the neighborhood association to discuss possible solutions. The initial idea was to dead end both roads at Sycamore Street. The Fire Marshall then raised the concern regarding a firetruck needing space to turn around. A large driveway or similar would need to be constructed at the end of the road. It was then suggested to block traffic turning onto Sycamore Street. This would still allow residents access off Sycamore Street, but prevent eastbound through traffic. A firetruck could then briefly use the entrance lane to exit onto Sycamore Street if necessary. z W Fe �W �W m� Z F - >W O� WV IX N Co f— OQ J W U � W Z Z W Q > J Q In Z z0 DH OJ OFO LL QZ Wz a oW W:3 mz O W o. OQ W IL BEAUM©NT Pl4 Web Overall Issue orr otrr r•Bnr SGLLE Nis SNEE NO.1 UAlE:O1�UL1B REV: EXISTING JOINT TO BE EAST SIDE FACE OF CURB I EXISTING JOINT TO BE EAST SIDE FACE OF CURB REMOVE EXISTING PVMT (63 SY) SAWCUT EXISTING CONC PVMT AT REMOVE EXISTING PVMT (63 SY) PROPOSED FACE OF CURB (87 LF) I SAWCUT EXISTING CONC PVMT AT 12' LANE PROPOSED FACE OF CURB (87 LF) PROPOSED CURB (87 LF) FOC TO FOC 12' LANE OC TO FOC EXISTING JOINT TO BE WEST SIDE FACE OF CURB •� PROPOSED CURB (87 LF) EXISTING JOINT TO BE WEST SIDE FACE OF CURB •� EXISTING ASPHALT Q • EXISTING ASPHALT F0 VAN BUREN AVENUE ♦ + 4 " rn LL + . y • • • . FULTON AVENUE ♦ I n �° m OMa (18-X I8-) m M. OMa (IW X IB•) TO BE PLACED AT THE SOUTHEAST -: • . _ _'._._.__. -- *� y'XI�S71N6.OPENDICf� . CORNER OF VAN BUREN AND HEMLOCK _ _ _ TO BE PLACED AT THE SOUTHEAST EX15TING'OPENOITCH •'. - , . FACING WEST. CORNER OF FULTON AND HEMLOCK FACING WEST. BACKFILL AND SOD, ` . `4 Q BACKFILL D SOD, SLOPE TO DRAIN SOUTHWEST (56 SY) SLOPE TO DRAIN SOUTHWEST `4 (56 SY) ` Q '{ REMOVE TREE REGRADE AND SOD AREA TO REGRADE AND SOD AREA TO DRAIN TO OPEN DITCH (30 SY) DRAIN TO OPEN DITCH (30 SY) ' REMOVE EXISTING SIGN REMOVE EXISTING SIGN ADJUST WATER VALVE Q REMOVE EXISTING CURB (20 LF) Q REMOVE EXISTING CURB (40 LF) VAN BUREN PLAN VIEW EXISTING INLET FULTON PLAN VIEW EXISTING INLET BURIED UTILITIES WITHIN PROJECT LIMITS. CONTRACTOR RESPONSIBLE FOR LOCATES PRIOR TO CONSTRUCTION. -�1. gownhat WIG= WbEfMEgdtdi4 LLI Z O fA J W ca 0 LL W �ZQLU y Z�5O Z W Q QOQ� WMZN m Q I Q W m LU LU UOQ aLL �rrtf:. Vq .�f�p%t� •: t •g3P.. 6 114M1AN 71lD � 8- 6. [BEAUMONT' z.s 15" Plan View and r' EXISTING Curb Detail CONCRETE PAVEMENT I CKM: DOD AV DY: JOM TS LDAM-.m-9 SHEET No.S NO.3 REBAR (2 ROWS) NEV: 12• TIE-IN BAR, EMBEDDED 6• INTO EXISTING CONCRETE PVMT 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 Reimbursement Agreement between the City of Beaumont and ExxonMobil Oil Corporation for the construction of Van Buren Avenue and Fulton Avenue traffic control devices and facilities for the benefit of City residents and other property owners. The Reimbursement 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 9th day of July, 2019. - Mayor Becky Ames - REIMBURSEMENT AGREEMENT (Construction of Van Buren Avenue' and Fulton Avenue Traffic Facilities) This REIMBURSEMENT AGREEMENT is entered into between the City of Beaumont, Texas, an incorporated municipality and Texas governmental entity ("the City") and ExxonMobil Oil Corporation, a New York Corporation, ("the Company"), on , 2019. RECITALS A. The purpose of this Agreement is to set forth the terms and conditions upon which the City will construct certain traffic control devices and facilities in Exhibit A (the "Facilities") for the benefit of City residents and other property owners; and B. To set forth the terms and conditions upon which the Company will provide reimburse money to the City for such construction. WHEREFORE, in consideration of the above recitals and other good and valuable consideration, the parties hereby agree as set forth below. 1. Work to Be Performed. The City agrees that it shall conduct the engineering work, design work, permitting, procurement of materials, construction, and cleanup activity associated with the Facilities, as such is more fully reflected in the attached Exhibit A. 2. Reimbursement Money to Be Provided. The Company agrees that it will reimburse, the City for actual direct and indirect costs incurred or $50,000.00, whichever amount is less, for the Work to Be Performed as reflected above and in Exhibit A. a. Method of Reimbursement. The. Company will reimburse the City in a timely fashion as costs are incurred by the City and upon submission of documentation and request by the City to the Company. 3. Permitting and Coordination. The City agrees to coordinate any permitting— related or utility—related activity that may, be required for the Work to Be Performed, as well as securing any necessary rights of way or easements, if applicable. 4. Right of Termination. The City and the Company each reserve the right to terminate this Agreement should any federal agency or any State of Texas agency or other political subdivision take action that adversely affects the approval or completion of the Work to Be Performed. 1 EXHIBIT "A" 5. Conformity with Labor and Safety Laws. The City agrees to carry on the Work to Be Performed in a timely manner and in conformity with all applicable federal or state labor and safety laws. 6. Entire Agreement. This Agreement contains the entire agreement and understanding concerning the Work to Be Performed and its reimbursement. The Parties acknowledge that neither the other party nor its agents nor attorneys have made any promise, representation, or warranty whatsoever, express or implied, not contained herein to induce the execution of this Agreement and acknowledge that this Agreement has not been executed in reliance upon any promise, representation, or warranty not contained herein. 7. Amendment must be in Writing. This Agreement shall only be modified by a writing signed by the Parties. 8. Venue for Resolving Disputes. Any arbitration or litigation arising out of this Agreement shall be conducted only in Beaumont, Jefferson County, Texas. 9. Interpretation Guides. In interpreting this Agreement, it shall be deemed to have been prepared by the Parties jointly and no ambiguity shall be resolved against either Party on the premise that it or its attorneys was responsible for drafting this Agreement or any provision hereof. The captions or headings set forth in this Agreement are for convenience only and in no way define, limit, or describe the scope or intent or any Sections, Subsections, or other provisions of this Agreement. Any reference in the Agreement to a Section or to a Subsection, unless specified otherwise, shall be a reference to a Section or Subsection of this Agreement. 10. Due Authority of Signatures. Each individual signing this Agreement warrants and represents that he or she has been authorized by appropriate action of the Party which he or she represents to enter into this Agreement on behalf of the Party. 11. Notices. All notices, demands, and communications between the Parties shall be duly addressed as indicated below and given by personal delivery, registered or certified mail (postage prepaid and return receipt requested), Federal Express or other reliable private express delivery, or by electronic mail transmission with confirmation by the other Party. Such notices, demands, or communications shall be deemed received (i) upon deliver if personally served or sent by email, or (ii) after three business days if given or sent by any other approved manner specified above. Any Party to this Agreement may change its below—specified name, address, email, or person to whom attention should be directed by giving notice as specified in this Section. A copy of any notice, demand, or communication sent to City pursuant to this Agreement shall be sent to the City's legal counsel. Notices, demands, and communications shall be duly addressed and sent as follows: To the City: Tyrone E. Cooper, City Attorney 801 Main Street Beaumont, TX 77701 (409) 880-3715 Tyrone.Cooper@BeaumontTexas.gov To the Company: Stephen R. Foster, Refinery Attorney 1795 Burt Street Beaumont, TX 77701 (409) 240-3493 Stephen.R.Foster@ExxonMobiI.com 12. Texas Law Governs. This Agreement and all rights and obligations arising out of it shall be construed in accordance with the laws of the State of Texas. 13. Counterparts. This Agreement may be signed in one or more counterparts; which, taken together, shall constitute one original document. 14. Exhibits. All Exhibits attached hereto or referenced herein are incorporated into this Agreement. 15. Effective Date. This Agreement shall be effective as of the date noted on page one (1) of this Agreement. IN WITNESS WHEREOF, the undersigned execute this Agreement on behalf of the Parties. 3 Is) Ia THE CITY OF BEAUMONT By: Name: Title: ATTEST: COMPANY: EXXONMOBIL OIL CORPORATION AN Name: Title: ATTEST: Exhibit A ALLCCW+a S RAM TOMVE TCUUMBE PAIMEDIBLOH \� ® LLI Z VANBIABYAVE 1•, }•L ' Q ` " fi• • FlNaAIE ` 55 ` y0 a• n. FFA Z V p ru SIMILARTO EXISTING CLOSURE AT -- f `� I LIJ- a y N MAJOR DRNE AND SCENIC DRNE. . w l -.'s c y w TOC�W.�OTTIE J��4 � ( O;0 Amw�TaiP�aouc ��" m Z Q .� ` F.CONCRME . > >- 0 CW L;ul W 2 '�4� PLAN �•'` !v nS , VIEW 0 CL a> 1 �wual A�r � osuldoxwxr III''^r�.c mrn �q.....m.erev-pp W ID MILYO /JN 61U181/dRq MEDIAN DETAIL 6MYd'LVfATISOG' CURB DF,TAIL G BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: July 9, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 2, accept maintenance, and authorize final payment to Horseshoe Construction, Inc. BACKGROUND On January 9, 2018, by Resolution 18-009, City Council awarded a contract to Horseshoe Construction, Inc., of La Porte, for the Amelia Area Pipe Bursting Section 1 Contract in the amount of $744,379.00. Previous Change Order No. 1, resulted in a reduction of ($34.00) to the original contract amount. Change Order No. 2, in the amount of $6,677.00 is required to adjust estimated quantities in the contract to reflect the actual quantities used in the completion of the project. The project has been inspected by Water Utilities and found to be complete in accordance with the provisions and terms set out in the contract. Acceptance of Change Order No. 2, maintenance and final payment in the amount of $37,551.10 is recommended. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 18-009 WHEREAS, the City of . Beaumont solicited bids for the Amelia Area Pipe Bursting Contract — Section I Project; and, WHEREAS, Horseshoe Construction, Inc., of La Porte, Texas, submitted a complete bid meeting specifications in the amount of $744,379.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by Horseshoe Construction, Inc., of La Porte; Texas, is the most advantageous 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 City Council hereby approves the award of a contract to Horseshoe Construction, Inc., of La Porte, Texas, in the amount of $744,379.00 to furnish all labor, materials, equipment, and supplies for the Amelia Area Pipe Bursting Contract — Section l Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a Contract with Horseshoe Construction, Inc., of La Porte, 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 9th day of January, 2018. M/7111-itiff "42-2f �' � A-. - Ames APPROVAL OF CONTRACT CHANGE CHANGE ORDER No. One (1) • May 15, 2018 Page 1 of 1 PROJECT: City of Beaumont, Texas Amelia Area Pipe Bursting Contract Section 1 OWNER: City of Beaumont, Texas 801 Main Street Beaumont, Texas 77704 CONTRACTOR: Horseshoe Construction, Inc. 2309 S Battleground Road La Porte, TX 77571 TO THE O WNER: Approval of the following contract change is requested. Reason for Change: Afterapproxinwlely 33% completion ofthe overall project, due to the nature ofsite conditions, some pay items will not be used, and others toil I be spent too quickly. Flexible Pavement Stucture Repair (Asphalt Overlaying) is expected to be used in more quantity thin was originally anticipated. One section ofsewer lines will no longer be pipe bursted and upsized, but instead sliplined, and a pay item is now required for. this. ORIGINAL CONTRACT AMOUNT $744,379.00 THIS CHANGE ORDER Description: Unit Price Ottantit Net Change ADD Item 20 Continuous Pavement Joint Reinforcement $50.00/SY 25.00 $1,250.00 Item 21 Flexible Pavement Structure Repair (8") $90.00/SY 58.00 $5,220.00 Item 22 Slipline Existing 10" Sewer with 8.625" OD HDPE Pipe $30.00/LF 459 $13,770.00 DELETE Item 4 Continuous Pavement Joint Reinforcement $50.00/SY 75.00 ($3,750.00) Item 17 Pipe Bursting 8"— 10" Sewer to 12.75" OD, Up to 15'Depth $36.00/LF 459 ($16,524.00) TOTAL. AMOUNT OF THIS CHANGE. ORDER: ($34.00) TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $744,345.00 CONDITION OF CHANGE: "Contractor acknowledges and agrccs that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation ror all increases and decreases in the cost of', and the time required to perform the entire work under the Contmet urising directly or indirectly front this Change Order and all previous Change Orders. Acceptance of this waiver constitutes an agreement Ixp« cn O%vrier and Contractor that the Change Order represents all all incluslvc, mutually agreed upon adjustment to the Contract, and that Contractor will waive all rights to fnle:a claim on this Change Order after it is properly executed." Recommended by: Approved by: eAccmey.Cit of Beaumont CityofBeaumont Public Works Director Owner Contractor e� Date: S S Date: - Date: CITY OF BEAUMONT DATE; Juno 24, 2019 PROJECT: Amelia Area Pipe Bursting Contract Section I OWNER: CITY OF BEAUMONT CONTRACTOR: Horseshoe Construction. Inc. CHANGE ORDER: 2 THE FOLLOWING CHANGES IN THE PLANS AND/OR SPECIFICATIONS ARE HEREBY MADE: Adjustment ofestimaled quantities in dm contract to reflect the actual quantities used in the completion of the project. Add/Delete Construction Items and/or Ouan6tiec to the Contract: ITEM NO. ITEM CODE DESCRIPTION UNIT BID QUANTITY ACTUAL QUANTITY UNIT PRICE CHANCE ORDER AMOUNT 2 361 Full Depth Repair of Side Walk (5'� SY 75 2 S 120.00 S (8,760,00) 3 361 Full Depth Repair of Drivmvay (6") SY 75 0 S 140.00 S (10,500.00) 6 402 Trench Excavation Protection LF 500 626 S 1.00 S 126.00 7 502 Barricades, Signs and Trac Handling EA 20 14 S 100.00 S (600.00) S 708 Remove and Replace or Install New Std Fiberglass Manhole, Up to 8' Depth EA 25 28 $ 3,500.00 5 10.500.00 9 708 Famish and Install End of Line Clean -Out EA 1 0 S 1,500.00 S (1,500.00) 10 708, 3301 Extra Depth for Now or Replacement Std. Manhole. Over 8 Feel Depth (Pre -Cast Concrel or Fiberglass) VF 150 0 $ 250,00 S (37,500.00) 11 2534 Reconnect Scnice Connection By Excavation Including Stocks to Liner, Complete, All Siacs. Up to 15' Depth EA 178 255 S 600.00 S 46,200,00 12 2534 Rccennoct SoNice Connection by Excavation Including Stacks to Liner, Complete, A0 Svcs. Over 15' De th EA 26 0 S 800.00 S (20,800.OD) 13 2553 Obstruction Removal by Excavation. All Sires, Up to IS' Depth EA 20 1 $ 500.00 S (9,500.00) 14 2821 Chain Link and Wooden Fences, and Gales, Per Project Manager Approval LF 500 167 $ 21.00 S (6,993.00) 15 3301 Remove and Replace or Install New Std. Manhole. Up to 8' Depth, with All Joints & Connections (Prc-Cast Concrete) EA 21 IS S 4,500.00 S (27.000.00) 16 4020 Pipe Bursting 6"-8" Smvcr.to 8.625" OD, Up to 15' Depth LF 6,959 10877 $ 31.00 S 121,458.00 18 4020 Pipe Bursting 10"-12" Sewor to 14.0" OD, Up to 15' Dcpdt LF 912 704 S 48.00 S (9,984.00) 19 - Unforscen Work as Directed by Owner ALLOW 1 0 S 50,00D.00 S (50,000.00) 20 361 Continuous Pavement Joint Roinforecment SY 25 0 $ 50.00 S 21 361 Flexible Pavement Structure Repair (11'� SY 58 206 S 90.00 S 13320.00 22 4020 Slipline Existing lU" Scsvcr with 8.625" OD HDPE Pipe LF 459 441 S 30.00 S (540.00) TOTAL AMOUNT ADDED TO THE CONTRACT Is 6,677.00 NO WORKING DAYS HAVE BEEN ADDED TO THE CONTRACT BY THIS CHANGE ORDER ORIGINAL CONTRACTAMOUNT: S 744.379.00 NET FROM PREVIOUS CHANGE ORDERS: S (34.00) TOTAL AMOUNT OF THIS CHANGE ORDER: S 6,677.00 PERCENT OF THIS CHANGE ORDER : 0.90 TOTAL PERCENT CHANGE ORDERS TO DATE: 0.90 NEW CONTRACT AMOUNT: / S 751,022.00 C// ` ACCEPTED BY: PREPARED BY: 1 A 1 /l(/ 1 w �• V G�� HORSESHOE CONSTRUCTION. INC. AVER! CHAN. WATER UTILITIES DESIGNER DI RECOMMENDIDBY: �� I 1 ~ L/ !i / A ;DR,-- btA7b . P LIC WORKS DIRECTOR APPROVED BY: ATTESTED BY: KYLE HAYES. CITY MANAGER TINA BROUSSARD. CITY CLERK RESOLUTION NO. WHEREAS, on January 9, 2018, the City Council of the City of Beaumont, Texas, passed Resolution No. 18-009 awarding a contract in the amount of $744,379.00 to Horseshoe Construction, Inc., of La Porte, Texas, for the Amelia Area Pipe Bursting Section 1 Contract; and, WHEREAS, on May 17, 2018, the City Manager executed Change Order No. 1, in the amount of ($34.00), 'to adjust the estimated quantities to reflect the actual quantities used at 33% completion of the project, thereby decreasing the contract amount to $744,345.00; and, WHEREAS, Change Order No. 2, in the amount of $6,677.00, is necessary to adjust estimated quantities in the contract to reflect the actual quantities used in the completion of the project. The adjustment in the quantities is an overall increase of 0.90% making the final contract amount $751,022.00. WHEREAS, the project has been inspected by Water Utilities Department and found to be complete in accordance with the provisions and terms set forth in the contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT 'the City Manager be and he is hereby authorized to execute Change Order No. 2 for additional work described above, thereby increasing the contract amount by $6,677.00 for a total contract amount of $751,022.00 for the Amelia Area Pipe Bursting Section 1 Contract; and, THAT the Amelia Area Pipe Bursting Section 1 Contract be and the same is hereby accepted; and, BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of $37,551.10 to Horseshoe Construction, Inc:, of La Porte, Texas. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of July, 2019. - Mayor Becky Ames - H BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James Singletary, Chief of Police MEETING DATE: July 9, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute all documents necessary to accept grant funds administered by the Office of the Texas Attorney General. BACKGROUND The Internet Crimes Against Children (ICAC) Task Force was. created to help State and Local Law enforcement agencies enhance their investigative response to offenders who use the internet, online communication systems, or other computer technology to sexually exploit children. The program is currently composed of regional Task Force agencies funded by the United States Office of Juvenile Justice and Delinquency Prevention. The Training and Technical Assistance Program was established to assist these agencies with training and technical assistance in support of their Internet Crimes Against Children initiatives. Approval of the grant will provide up to $8,000 for training, equipment and operating expenses. FUNDING SOURCE Grant Funds administered from the Texas Attorney General's office with no City match. 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 all documents necessary, specifically a Grant Contract, with the Office of the Attorney General of Texas for the Internet Crimes Against Children (ICAC) Task Force to provide training and technical assistance in support of their Internet Crimes Against Children initiatives. Said Grant Contract 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 9th day of July, 2019. - Mayor Becky Ames - DocuSign Envelope ID: B2EF5B49-7BAB-4EE2-9526-7B62F74CA6DD GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND BEAUMONT POLICE DEPARTMENT OAG Contract No. 1995158 This grant contract is executed between the Office of the Attorney General (OAG) and Beaumont Police Department (GRANTEE) for certain grant funds. The Office of the Attorney General and Beaumont Police Department may be referred to in this contract individually as "Party" or collectively as "Parties." SECTION 1. PURPOSE OF THE CONTRACT The Internet Crimes Against Children (ICAC) Task Force Program, United States Department of Justice, Office of Justice Programs (OJP), Office of Juvenile Justice and Delinquency Prevention, seeks to maintain and expand State and regional ICAC task forces to address technology -facilitated child exploitation. These task forces work collaboratively as a national network of law enforcement and prosecutorial agencies that prevent, interdict, and investigate Internet crimes against children. The program requires existing task forces to develop multi jurisdictional, multi - agency responses to such offenses by providing funding and other support to State and local law enforcement agencies as a means to help them acquire the necessary knowledge, personnel, and equipment. The OAG, as the regional contact for the task force known as "Texas, Southern ICAC Task Force", (hereinafter the "OAG ICAC Task Force") receives funding from the OJP to provide grants to local law enforcement agencies that are affiliates of the task force in order to address technology -facilitated child exploitation. Pursuant to the terms of a Memorandum of Understanding (MOU) between the parties, the GRANTEE became a member of the OAG ICAC Task Force. The purpose of this contract is to provide reasonable contractual controls to ensure that the public purposes of the grant provided to .GRANTEE are achieved. SECTION 2 TERM OF THE CONTRACT This contract shall begin on June 1, 2019 and shall terminate August 31, 2019, unless it is terminated earlier or extended in accordance with another provision of this contract. The OAG is not obligated to reimburse expenses that were incurred prior to the commencement or after the termination of this contract. SECTION 3 GRANTEE'S CONTRACTUAL SERVICES 3.1 GRANTEE's Compliance with the Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, Cooperative Agreement for Award Number 2018 -MC -FX -K065. The GRANTEE will comply with all terms and conditions as set forth and required in the Cooperative Agreement between the OAG and the Department of Justice, ICAC Subrecipient Grant Contract Page I of 19 EXHIBIT "A" DocuSign Envelope ID: B2EF5B49-7BAB-4EE2-9526-7B62F74CA6DD Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, Award Number 2018 -MC -FX -K065, (OAG Award Document) and as attached hereto as Exhibit C and incorporated by reference, as well as the applicable provisions of the OAG ICAC Grant Application or OAG Award Document as supplemented, amended or adjusted. Specifically, Grantee's compliance with the applicable "Special Conditions" identified in the OAG Award Document are a material requirement of the grant award made hereunder. Failure to comply with any one or more of the Special Conditions, whether a condition set out in full below, a condition incorporated by reference herein, or a certification or assurance related to conduct during the award period, may result in the OAG and/or to the extent federal funds are expended in this grant, the Office of Justice Programs ("OJP") in taking appropriate action which may include but is not limited to OAG and/or OJP withholding award funds, disallowing costs, or suspending or terminating the grant award. Additionally, the GRANTEE shall comply with "all terms and conditions as set forth and required in the Memorandum of Understanding between the OAG and GRANTEE, OAG Contract Number 1991462-01 (the "Task Force MOU") attached hereto as Exhibit "D" and incorporated herein by reference. 3.2 Establishment of Final Project Budget; Grant Project Narrative; Special Conditions. The GRANTEE's budget is attached as Exhibit A. The GRANTEE's Project Narrative is as follows: To support certain Internet Crimes Against Children (ICAC) equipment. The Special Conditions, including the OAG Award Document, are attached as Exhibit B. The OAG, at its sole discretion, will establish the final project targets, outputs, and outcomes. In addition, the OAG, at its sole discretion, may adjust GRANTEE's budget, targets, outputs, outcomes and/or any other items as deemed appropriate by the OAG, at any time, during the term of this contract. The OAG, at its sole discretion, may supplement, amend or adjust the Special Conditions attached to this contract. SECTION 4 REQUIRED REPORTS 4.1 General Matters 4.1.1 Required Reports; Form of Reports; Filings with the OAG. GRANTEE shall forward to the OAG the applicable reports on forms as specified by the OAG. GRANTEE shall ensure that it files each document or form required by the OAG in an accurate and timely manner. Unless filing dates are given herein, all other reports and other documents that GRANTEE is required to forward to the OAG shall be promptly forwarded. From time to time, the OAG may require additional information from GRANTEE. 4.1.2 Cooperation; Additional Information; Immediate Notification and Correction and Inaccuracies. GRANTEE shall cooperate fully with the OAG. In addition to the information contained in the required reports, other information may be required as requested by the OAG. ICAC Subrecipient Grant Contract Page 2 of 19 DocuSign Envelope ID: B2EF5B49-7BAB-4EE2-9526-7B62F74CA6DD GRANTEE will immediately notify the OAG in the event GRANTEE discovers that any previously submitted information was inaccurate and forward the correction information to the OAG. 4.1.3 Notification of Changes in Organization, Changes in Authorized Official or Grant Contact. GRANTEE shall submit within ten (10) business days, notice to the OAG of any change of the following: GRANTEE's name; contact information; key personnel, officer, director or partner; organizational structure; legal standing; or authority to do business in Texas. GRANTEE shall promptly notify the OAG, preferably in advance, of a change in address or main telephone number of GRANTEE. A change in GRANTEE's name requires an amendment to the contract. To change an Authorized Official, GRANTEE must submit a written request on GRANTEE's letterhead, with original signature. GRANTEE, by an email, fax or GRANTEE letterhead signed by the Authorized Official, may request a change to the Grant Contact. 4.1.4 Standards for Financial and Programmatic Management. GRANTEE and its governing body shall bear full and sole responsibility for the integrity of the fiscal and programmatic management of the organization including financial and programmatic policies and procedures. Such fiscal and programmatic management shall include accountability for all funds and materials received from the OAG; compliance with OAG rules, policies and procedures, and applicable federal and state laws and regulations; and correction of fiscal and program deficiencies identified through self-evaluation and/or the OAG's monitoring processes. Ignorance of any contract provisions or other requirements referenced in this contract shall not constitute a defense or basis for waiving or failing to comply with such provisions or requirements. GRANTEE shall develop, implement, and maintain appropriate financial management and control. systems, which include budgets that adequately reflect all functions and resources necessary to carry out authorized activities and the adequate determination of costs; accurate and complete payroll, accounting, and financial reporting records; cost source documentation; effective internal and budgetary controls; allocation of costs; and timely and appropriate audits and resolution of any findings and applicable annual financial statements. 4.1.5. Security and Confidentiality of Records. GRANTEE shall establish a method to secure the confidentiality of records required to be kept confidential by applicable federal and state law, rules and regulations. This provision shall not be construed as limiting the OAG's access to such records and other information. 4.2 Programmatic Reports 4.2.1 ICAC Semi -Annual Statistical (Performance) Reports, including Outcome Measure Reports. GRANTEE will support the OAG in its progress reporting requirements, including the reporting requirements of outcome measures. The OAG is required to report, within 30 days after the end of the reporting periods, certain outcome measures. The semi-annual reporting periods ICAC Subrecipient Grant Contract Page 3 of 19 DocuSign Envelope ID: B2EF5B49-7BAB-4EE2-9526-7B62F74CA6DD end on the last day of June and December each year. The OAG will establish deadlines for the GRANTEE to meet its requirement to report to the OAG. Contents of Semi -Annual Statistical Reports. GRANTEE shall report data to the OAG on the following outcome measures on the reporting deadlines established by OAG: a. Number of CyberTipLine referrals received and investigated; b. Number of indictments obtained on CyberTipLine referrals; c. Number of convictions obtained on CyberTipLine referrals; d. Number of online solicitation of a minor (or its equivalent) arrests; e. Number of online solicitation of a minor (or its equivalent) indictments obtained; f. Number of online solicitation of a minor (or its equivalent) convictions obtained; g. Total number of ICAC -related arrests during reporting period; h. Number of partner agencies that sign memorandum certifying compliance with ICAC program guidelines; i. Number of investigative technical assistance sessions that ICAC task force provides to non-member law enforcement agencies; j. Number of computer forensic technical assistance examinations that ICAC task forces provide to non-member law enforcement agencies; k. Percent increase in arrests related to technology -facilitated child sexual exploitation and Internet Crimes. Against Children; 1. Percent increase in computer forensic examinations completed by ICAC task forces; and m. Percent increase in investigative technical assistance sessions provided by ICAC task forces to non-member law enforcement agencies. 4.2.2 ICAC Task Force Program Monthly Performance Measures. GRANTEE will support the OAG in its reporting requirements of the ICAC Task Force Program Monthly Performance Measures. The OAG will establish the GRANTEE's monthly reporting deadlines. The Performance Measures shall contain, at a minimum, the following additional supporting data elements: a. Complaints; b. Case Information; c. Goals; d. Court Actions; e. Technical Assists; f. Training; and g. Community Outreach Presentations. 4.2.3 ICAC Annual Reports. GRANTEE will support the OAG in its annual reporting requirements of the following measures: a. Staffing levels of the task force, including the number of investigators, ICAC Subrecipient Grant Contract Page 4 of 19 DocuSign Envelope ID: B2EF5B49-7BAB-4EE2-9526-7B62F74CA6DD prosecutors, education specialists, and forensic specialists dedicated to investigating and prosecuting Internet crimes against children. b. Investigation and prosecution performance measures of the task force, including: 1. the number of investigations initiated related to Internet Crimes Against Children; 2. the number of arrests related to Internet Crimes Against Children; and 3. the number of prosecutions for Internet Crimes Against Children, including - i. whether the prosecution resulted in a conviction for such crime; and ii. the sentence and the statutory maximum for such crime under State law. c. The number of referrals made by the task force to the United States Attorney's Office, including whether the referral was accepted by the United States Attorney. d. Statistics that account for the disposition of investigations that do not result in arrests or prosecutions, such as referrals to other law enforcement. e. The number of investigative technical assistance sessions that the task force provided to non-member law enforcement agencies. f. The number of computer forensic examinations that the task force completed. g. The number of law enforcement agencies participating in Internet Crimes Against Children program standards established by the task force. 4.2.4 Written Explanation of Variance. GRANTEE is required to provide a written explanation to the OAG for any variances by GRANTEE from the projected performance required by this contract or the Task Force MOU. In addition to the written explanation, GRANTEE shall promptly answer any questions of the OAG, whether in writing or otherwise, in connection with the reports presented to the OAG. 4.2.5 Other Program Reports. GRANTEE shall cooperate fully in any social studies, fiscal or programmatic monitoring, auditing, evaluating, and other reviews pertaining to services rendered by GRANTEE, which may be conducted by the OAG or its designees. GRANTEE also shall make available at reasonable times and for reasonable periods programmatic or financial records, books, reports, and supporting documents for reviewing and copying by the OAG or its designees. 4.3 Financial Matters 4.3.1 Grant Budgets. With regard to the use of funds pursuant to this contract, GRANTEE will immediately review the annual budget as established in this contract. ICAC Subrecipient Grant Contract Page 5 of 19 DocuSign Envelope ID: B2EF5B49-7BAB-4EE2-9526-7B62F74CA6DD 4.3.2 Monthly Request for Reimbursement and Financial Status Report. Grant funds are paid on a cost reimbursement basis. GRANTEE will submit, each month, a monthly request for reimbursement (also referred to as "financial status report") for the actual and allowable allocable costs incurred by GRANTEE for project costs to provide services under this contract. The payments made to GRANTEE shall not exceed its actual and allowable allocable costs to provide the services under this contract. The request for reimbursement/financial status report will be submitted to the OAG in the form and manner as approved by the OAG and will specify the detailed and total expenses for the month, in the following cost categories: (i) personnel and fringe benefits, reported separately, (ii) professional and consulting services, (iii) travel, (iv) equipment, (v) supplies, and (vi) other direct operating expenses. The request for reimbursement must be accompanied by supporting documentation as required by the OAG. The OAG may from time to time require different or additional supporting documentation. A request for reimbursement/financial status report is required each month, whether GRANTEE has paid expenses, or is seeking reimbursement. 4.3.3 Fiscal Year End Required Reports. GRANTEE shall submit the following two reports the OAG on or before October 14, 2019 or a date otherwise established by the OAG: Record of Reimbursement. GRANTEE will submit a reconciled record of its expenses for the prior fiscal year in the following cost categories: (i) personnel and fringe benefits, reported separately, (ii) professional and consulting services, (iii) travel, (iv) equipment, (v) supplies, and (vi) other direct operating expenses. Equipment Inventory Report. GRANTEE will submit an Equipment Inventory Report which provides record of the current inventory of items purchased, disposed, replaced or transferred of any equipment purchased with grant funds. 4.3.4 Annual Independent Financial Audit Report. GRANTEE shall contract with an independent CPA firm to perform an annual financial audit engagement. If applicable, GRANTEE's independent CPA firm will determine the type of annual financial audit, which may include a compliance attestation in accordance with the requirements of 2 CFR Part 200 titled Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and/or Texas Single Audit Circular (Single Audit or non -Single Audit financial audit). GRANTEE shall timely submit to the OAG a copy of its annual independent financial audit. Submission shall be considered timely if the annual independent financial audit is delivered on or before nine (9) months after the end of GRANTEE's accounting year. If applicable, GRANTEE will provide the OAG with any and all annual independent financial audits or audited financial statements, related management letters, and management responses of GRANTEE. 4.3.5 Timing of Submission of Request for Reimbursement to the OAG; Close Out Invoice. GRANTEE is responsible for submitting bills in an accurate and timely manner, and shall make every reasonable effort to submit monthly billings to the OAG, which cover the previous month's expenses, so that they are received by the OAG on or before the twentieth (20th) of each month, or ICAC Subrecipient Grant Contract Page 6 of 19 DocuSign Envelope ID: B2EF5B49-7BAB-4EE2-9526-7B62F74CA6DD if the 201h falls on a weekend or holiday, the next business day. The OAG will make all reasonable efforts to promptly process and make payments on properly completed billings. GRANTEE may submit a final invoice to be received by the OAG not later than forty-five (45) calendar days after termination of this contract. 4.3.6 Reimbursement of Actual and Allowable Costs. The OAG shall only reimburse costs incurred and paid by GRANTEE during the term of this contract. The OAG shall only reimburse GRANTEE for employee costs that are directly related to performing the responsibilities of this contract. 4.3.7 Refunds and Deductions. If the OAG determines that GRANTEE has been overpaid grant funds under this contract, such as payments made inadvertently or payments made but later determined to not be actual and allowable allocable costs, GRANTEE shall refund that amount of the OAG reimbursement identified by the OAG as an overpayment. The OAG may offset and deduct the amount of the overpayment from any amount owed to GRANTEE, as a reimbursement, but not yet paid by the OAG to GRANTEE. The OAG may choose to require a payment directly from GRANTEE rather than offset and deduct a specified amount. GRANTEE shall refund any overpayment to the OAG within thirty (30) calendar days of the receipt of the notice of the overpayment from the OAG unless an alternate payment plan is specified by the OAG. 4.3.8 Purchase of Equipment; Maintenance and Repair; Title upon Termination. GRANTEE shall not give any security interest, lien or otherwise encumber any item of equipment purchased with contract funds. GRANTEE shall permanently identify all equipment purchased under this contract by appropriate tags or labels affixed to the equipment. GRANTEE shall maintain a current inventory of all equipment which shall be available to the OAG at all times upon request; however, a title for equipment will remain with Grantee. GRANTEE will maintain, repair, and protect all equipment purchased in whole or in part with grant funds so as to ensure the full availability and usefulness of such equipment. In the event - GRANTEE is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the equipment purchased under this contract, it shall use the proceeds to repair or replace said equipment. 4.3.9 Direct Deposit. GRANTEE may make a written request to the OAG to be placed on Direct Deposit status by completing and submitting to the OAG the State Comptroller's Direct Deposit Authorization Form: After the direct deposit request is approved by the OAG and the setup is completed on the Texas Identification Number System by the State Comptroller's Office, payment will be remitted by direct deposit and the OAG will discontinue providing GRANTEE with copies of reimbursement vouchers. SECTION 5 OBLIGATIONS OF OAG 5.1 Monitoring. The OAG is responsible for closely monitoring GRANTEE to ensure the effective and efficient use of grant funds to accomplish the purposes of this contract. ICAC Subrecipient Grant Contract Page 7 of 19 DocuSign Envelope ID: B2EF5B49-7BAB-4EE2-9526-7B62F74CA6DD 5.2 Maximum Liability of OAG. The maximum liability of the OAG is contained in the attached Exhibit A. Any change to the maximum liability must be supported by a written amendment to this contract. 5.3 Reimbursement of Grantee Expenses. The OAG shall be obligated to reimburse GRANTEE for all actual and allowable allocable costs incurred by GRANTEE pursuant to this contract. The OAG is not obligated to pay unauthorized costs. Prior written approval from the OAG is required if GRANTEE anticipates altering the scope of the grant, adding funds to previously un -awarded budget categories, changing funds in any awarded budget category by more than 10% of the annual budget and/or adding new line items to any awarded budget category. 5.4 Contract Notl Entitlement or Right. Reimbursement with contract funds is not an entitlement or right. Reimbursement depends, among other things, upon strict compliance with all terms, conditions and provisions of this contract. The OAG and GRANTEE agree that any act, action or representation by either party, their agents or employees that purports to increase the maximum liability of the OAG is void unless a written amendment to this contract is first executed. GRANTEE agrees that nothing in this contract will be interpreted to create an obligation or liability of the OAG in excess of the funds delineated in this contract. 5.5 Funding Limitation. GRANTEE agrees that funding for this contract is subject to the actual receipt by the OAG of grant funds (state and/or federal) appropriated to the OAG. GRANTEE agrees that the grant funds if any, received from the OAG are limited by the term of each state biennium and by specific appropriation authority to and the spending authority of the OAG for the purpose of this contract. GRANTEE agrees that, notwithstanding any other provision of this contract, if the OAG is not appropriated the funds or if the OAG does not receive the appropriated funds for this grant program, or if the funds appropriated to the OAG for this grant program are required by the state to be reallocated to fund other state programs or purposes, the OAG is not liable to pay the GRANTEE any remaining balance on this contract. SECTION 6 TERMINATION 6.1 Termination for Convenience. Either Party may, at its sole discretion, terminate this contract without recourse, liability or penalty, upon thirty (30) calendar days notice to the other party. 6.2 Termination for Cause. In the event that GRANTEE fails to perform or comply with an obligation of the terms, conditions and provisions of this contract, the OAG may, upon written notice of the breach to GRANTEE, immediately terminate this contract. 6.3 Termination Not Exclusive Remedy; Survival of Terms and Conditions. Termination is not an exclusive remedy, but will be in addition to any other rights and remedies provided in equity, by law, or under this contract. ICAC Subrecipient Grant Contract Page 8 of 19 DocuSign Envelope ID: B2EF5B49-7BAB-4EE2-9526-7B62F74CA6DD Termination of this contract for any reason or expiration of this contract shall not release the Parties from any liability or obligation set forth in this contract that is expressly stated to survive any such termination or by its nature would be intended to be applicable following any such termination. The following terms and conditions, (in addition to any others that could reasonably be interpreted to survive but are not specifically identified), survive the termination or expiration of this contract: Sections 4, 5, 7; 11; and 12. SECTION 7 AUDIT RIGHTS; RECORDS RETENTION 7.1 Duty to Maintain Records. GRANTEE shall maintain adequate records that enable the OAG to verify all reporting measures and requests for reimbursements related to this contract. GRANTEE also shall maintain such records as are deemed necessary by the OAG, OAG's auditor, the State Auditor's Office or other auditors of the State of Texas, the federal government or such other persons or entities designated by the OAG, to ensure proper accounting for all costs and performances related to this contract. 7.2 Records Retention. GRANTEE shall maintain and retain records for a period of seven (7) years after the contract is completed or expires, or all issues that arise from any litigation, claim, negotiation, audit, open records request, administrative review, or other action involving the contract are resolved. The records include, but may not be limited to, the contract, any contract solicitation documents, any documents that are necessary to fully disclose the extent of services provided under this contract, any daily activity reports and time distribution and attendance records, and other records that may show the basis of the charges made or performances delivered. 7.3 Audit Trails. GRANTEE shall maintain appropriate audit trails to provide accountability for all reporting measures and requests for reimbursements. Audit trails maintained by GRANTEE will, at a minimum, identify the supporting documentation prepared by GRANTEE to permit an audit of its systems. GRANTEE's automated systems, if any, must provide the means whereby authorized personnel have the ability to audit and to verify contractually required performances and to establish individual accountability for any action that can potentially cause access to, generation of, or modification of confidential information. 7.4 Access and Audit. At the request of the OAG, GRANTEE shall grant access to and make available all paper and electronic records, books, documents, accounting procedures, practices, and any other items relevant to the performance of this contract, compliance with the applicable state or federal laws and regulations, and the operation and management of GRANTEE to the OAG or its designees for the purposes of inspecting, auditing, or copying such items. GRANTEE will direct any other entity, person, or contractor receiving fund directly under this contract or through a subcontract under this contract to likewise permit access to, inspection of, and reproduction of all books, records and other relevant information of the entity, person or contractor that pertain to this contract. All records, books, documents, accounting procedures, practices, and any other items, in whatever form, relevant to the performance of this contract shall be subject to examination or audit. Whenever practical as determined at the sole discretion of the OAG, the OAG shall provide GRANTEE with up to five (5) business days advance notice of any such examination or audit. ICAC Subrecipient Grant Contract Page 9 of 19 DocuSign Envelope ID: B2EF5B49-7BAB-4EE2-9526-7B62F74CA6DD 7.5 State Auditor. In addition to and without limitation on the other audit provisions of this contract, pursuant to Section 2262.154 of the Texas Government Code, the State Auditor's Office may conduct an audit or investigation of GRANTEE or any other entity or person receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. The acceptance of funds by GRANTEE or any other entity or person directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the State Auditor's Office, under the direction of the Legislative Audit Committee, to conduct an audit or investigation in connection with those funds. Under the direction of the Legislative Audit Committee, GRANTEE or another entity that is the subject of an audit or investigation by the State Auditor's Office must provide the State Auditor's Office with access to any information the State Auditor's Office considers relevant to the investigation or audit. GRANTEE further agrees to cooperate fully with the State Auditor's Office in the conduct of the audit or investigation, including providing all records requested. GRANTEE shall ensure that this paragraph concerning the authority to audit funds received indirectly by subcontractors through GRANTEE and the requirement to cooperate is included in any subcontract it awards. The State Auditor's Office shall at any time have access to and the right to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of GRANTEE related to this contract. 7.6 Location. Any audit of records shall be conducted at GRANTEE's principal place of business and/or the location(s) of GRANTEE's operations during GRANTEE's normal business hours. GRANTEE shall provide to OAG or its designees, on GRANTEE's premises (or if the audit is being performed of a subcontractor, the subcontractor's premises if necessary) private space, office furnishings (including lockable cabinets), telephone and facsimile services, utilities and office -related equipment and duplicating services as OAG or its designees may reasonably require to perform the audits described in this contract. SECTION 8 SUBMISSION OF INFORMATION TO THE OAG The OAG will designate methods for submission of information to the OAG by GRANTEE. The OAG generally requires submission of information via email or hard copy format. Some reporting requirements must occur via the internet and/or a web -based data collection method. 8.1 Programmatic Reports and Information (excluding Financial Reports). All quarterly statistical reports, annual performance reports, correspondence, reports or notices, except financial reports specified below, must be submitted in the manner directed by the OAG. OAG will provide the required manner of delivery after the grant is awarded. 8.2 Financial Reports (excluding Programmatic Reports and Information). All financial status reports, requests for reimbursement, audits, and inventory reports, must be submitted in the manner directed by the OAG. OAG will provide the required manner of delivery after the grant is awarded. ICAC Subrecipient Grant Contract Page 10 of 19 DocuSign Envelope ID: B2EF5B49-7BAB-4EE2-9526-7B62F74CA6DD SECTION 9 CORRECTIVE ACTION PLANS AND SANCTIONS The Parties agree to make a good faith effort to identify, communicate and resolve problems found by either the OAG or GRANTEE. 9.1 Corrective Action Plans. If the OAG finds deficiencies with GRANTEE's performance under this contract, the OAG, at its sole discretion, may impose one or more of the following remedies as part of a corrective action plan: increase monitoring visits; require that additional or more detailed financial and/or programmatic reports be submitted; require prior approval for expenditures; require additional technical or management assistance and/or make modifications in business practices; reduce the contract amount; and/or terminate this contract. The foregoing are not exclusive remedies, and the OAG may impose other requirements that the OAG determines will be in the best interest of the State. 9.2 Financial Hold. Failure to comply with submission deadlines for required reports, invoices, or other requested information, may result in the OAG, at its sole discretion, placing GRANTEE on immediate financial hold without further notice to GRANTEE and without first requiring a corrective action plan. No reimbursements will be processed until the requested information is submitted. If GRANTEE is placed on financial hold, the OAG, at its sole discretion, may deny reimbursement requests associated with the expenses incurred during the time GRANTEE was placed on financial hold. 9.3 Sanctions. In addition to financial hold, the OAG, at its sole discretion, may impose other sanctions without first requiring a corrective action plan. The OAG, at its sole discretion, may impose sanctions, including, but not limited to, withholding or suspending funding, offsetting previous reimbursements, requiring repayment, disallowing claims for reimbursement, reducing funding, terminate this contract and/or any other appropriate sanction. 9.4 No Waiver. Notwithstanding the imposition of corrective actions, financial hold and/or sanctions, GRANTEE remains responsible for complying with the contract terms and conditions. Corrective action plans, financial hold and/or sanctions do not excuse or operate as a waiver of prior failure to comply with this contract. SECTION 10 GENERAL TERMS AND CONDITIONS 10.1 Federal and State Laws, Code of Federal Regulations (CFR), and Other Relevant Authorities. GRANTEE agrees to comply with all applicable federal and state laws, rules and regulations, directives, guidelines, OMB circulars, including specifically 2 CFR Part 200, and any other requirements relevant to the performance of GRANTEE under this contract. 10.2 Uniform Grant Management Act, UGMS and Applicable Standard Federal and State Certifications and Assurances. GRANTEE agrees to comply with applicable laws, executive orders, regulations and policies as well as the Uniform Grant Management Act of 1981 (UGMA), Texas Government Code, Chapter, 783, as amended. GRANTEE also agrees to comply with Uniform Grant Management Standards (UGMS), as promulgated by the Texas Governor's Budget ICAC Subrecipient Grant Contract Page 11 of 19 DocuSign Envelope ID: B2EF5B49-7BAB-4EE2-9526-7B62F74CA6DD and Planning Office. Further, GRANTEE agrees to comply with the applicable OAG Certifications and Assurances as contained in the Application Kit. 10.3 Generally Accepted Accounting Principles or Other Recognized Accounting Principles. GRANTEE shall adhere to Generally Accepted Accounting Principles (GAAP) promulgated by the American Institute of Certified Public Accountants, unless other recognized accounting principles are required by GRANTEE. Grantee shall follow OAG fiscal management policies and procedures in processing and submitting for reimbursement GRANTEE's billing and maintaining financial records relating to this contract. 10.4 Conflicts of Interest; Disclosure of Conflicts. GRANTEE has not given or offered to give, nor does GRANTEE intend to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant or employee of the OAG, at any time during the negotiation of this contract or in connection with this contract, except as allowed under relevant state or federal law. GRANTEE will establish safeguards to prohibit its employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. GRANTEE will operate with complete independence and objectivity without actual, potential or apparent conflict of interest with respect to its, performance under this contract. GRANTEE must disclose, in writing, within fifteen (15) calendar days of discovery, any existing or potential conflicts of interest relative to its performance under this contract. 10.5 Compliance with Regulatory and Licensing Bodies. GRANTEE agrees that it has obtained all licenses, certifications, permits and authorizations necessary to perform the responsibilities of this contract and currently is in good standing with all regulatory agencies that regulate any or all aspects of GRANTEE's business or operations. GRANTEE agrees to remain in good standing with the Texas Secretary of State, Texas Comptroller of Public Accounts and related federal governmental bodies related to GRANTEE's right to conduct its business in Texas. GRANTEE agrees to comply with all applicable licenses, legal certifications, inspections, and any other applicable local ordinance or state, or federal laws. If GRANTEE is a law enforcement agency regulated by Chapter 1701, Texas Occupations Code, GRANTEE agrees that it is in compliance with all rules developed by the Texas Commission on Law Enforcement Officer Standards and Education. SECTION 11 SPECIAL TERMS AND CONDITIONS 11.1 Independent Contractor Status; Indemnity and Hold Harmless Agreement. GRANTEE expressly agrees that it is an independent contractor and under no circumstances shall any owner, incorporator, officer, director, employee, or volunteer of GRANTEE be considered an OAG employee, agent, servant, joint venturer, joint enterpriser or partner of the OAG. GRANTEE agrees to take such steps as may be necessary to ensure that each contractor of GRANTEE will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, joint enterpriser or partner of OAG. All persons furnished, used, retained, or hired by or on behalf of GRANTEE or any of ICAC Subrecipient Grant Contract Page 12 of 19 DocuSign Envelope ID: B2EF5B49-7BAB-4EE2-9526-7B62F74CA6DD GRANTEE'S contractors shall be considered to be solely the employees or agents of GRANTEE or the contractors. GRANTEE or GRANTEE'S contractors shall be responsible for ensuring that any and all appropriate payments are made, such as unemployment, workers compensation, social security, any benefit available to a state employee as a state employee, and other payroll taxes for such persons, including any related assessments or contributions required by law. To the extent allowed by law, GRANTEE or contractors are responsible for all types of claims whatsoever due to the actions or performance under this contract, including, but not limited to, the use of automobiles or other transportation taken by its owners, incorporators, officers, directors, employees, volunteers or any third parties. GRANTEE and/or contractors will indemnify and hold harmless the OAG and/or the State of Texas from and against any and all claims arising out of actions or performance of GRANTEE or GRANTEE'S contractors under this contract. To the extent allowed by law, GRANTEE agrees to indemnify and hold harmless the OAG and/or the State of Texas from any and all liability, actions, claims, demands, or suits, and all related costs, attorney fees, and expenses, that arise from or are occasioned by the negligence, misconduct, or wrongful act or omission of GRANTEE, its employees, representatives, agents, or subcontractors in their performance under this contract. 11.2 Publicity. GRANTEE shall not use the OAG's name or refer to the OAG directly or indirectly in any media release, public service announcement or public service disclosure relating to this contract or any acquisition pursuant hereto, including in any promotional or marketing materials, without first obtaining written consent from the OAG. This section is not intended to and does not limit GRANTEE's ability to comply with its obligations and duties under the Texas Open Meetings Act and/or the Texas Public Information Act. 11.3 Intellectual Property. GRANTEE understands and agrees that where funds obtained under this contract may be used to produce original books, manuals, films, or other original material and intellectual property, GRANTEE may copyright such material subject to the royalty - free, non-exclusive, and irrevocable license which is hereby reserved by the OAG and granted by GRANTEE to the OAG or the state (or federal government, if federal funds are expended in this grant) government. Grantee hereby grants the OAG an unrestricted, royalty -free, non-exclusive, and irrevocable license to use, copy, modify, reproduce, publish, or otherwise use, and authorize others to use (in whole or in part, including in connection with derivative works), at no additional cost to the OAG, in any manner the OAG deems appropriate at its sole discretion, any component of such intellectual property made the subject of this contract. Whereas federal funds are expended in this grant, Grantee also hereby grants the Office of Justice Programs (OJP) a royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use (in whole or in part, including in connection with derivative works), for Federal purposes: (1) any work subject to copyright developed under this contract; and (2) any rights of copyright to which Grantee purchases ownership with grant funds received under this contract. Grantee acknowledges and agrees that OJP has the right to (1) obtain, reproduce, publish, or otherwise use the data first produced under this contract and (2) authorize others to receive, ICAC Subrecipient Grant Contract Page 13 of 19 DocuSlgn Envelope ID: B2EF5B49-7BAB-4EE2-9526-7B62F74CA6DD reproduce, publish, or otherwise use such data for Federal purposes. "Data" includes data as defined in Federal Acquisition Regulation (FAR) provision 52.227- 14 (Rights in Data - General). Grantee has the responsibility to obtain from subrecipients, contractors, and subcontractors (if any) all rights and data necessary to fulfill the Grantee's obligations to the OAG and OJP under this contract. If a proposed subrecipient, contractor, or subcontractor refuses to accept terms affording the OAG or OJP such rights, Grantee shall promptly bring such refusal to the attention of the OAG Program Manager for the contract and not proceed with the agreement in question without further authorization from the OAG. 11.4 Program Income. Gross income directly generated from the grant funds through a project or activity performed under this contract are considered program income. Unless otherwise required under the terms of this contract, any program income shall be used by GRANTEE to further the program objectives of the project or activity funded by this grant, and the program income shall be spent on the same project or activity in which it was generated. GRANTEE shall identify and report this income in accordance with the OAG's reporting instructions. GRANTEE shall expend program income during this contract term; program income not expended in this contract term shall be refunded to the OAG. 11.5 No Supplanting. GRANTEE shall not supplant or otherwise use funds from this contract to replace or substitute existing funding from other sources that also supports the activities that are the subject of this contract. 11.6 No Solicitation or Receipt of Funds on Behalf of OAG. It is expressly agreed that any solicitation for or receipt of funds of any type by GRANTEE is for the sole benefit of GRANTEE and is not a solicitation for or receipt of funds on behalf of the OAG or the Attorney General of the State of Texas. 11.7 No Subcontracting or Assignment Without Prior Written Approval of OAG. GRANTEE may not subcontract or assign any of its rights or duties under this contract without the prior written approval of the OAG. It is within the OAG's sole discretion to approve any subcontracting or assignment. In the event OAG approves subcontracting or assignment by GRANTEE, GRANTEE will ensure that its contracts with others comply with the provisions of this contract GRANTEE, in subcontracting for any performances specified herein, expressly understands and agrees that it is not relieved of its responsibilities for ensuring that all performance is in compliance with this contract and that the OAG shall not be liable in any manner to GRANTEE's subcontractor(s). 11.8 No Waiver of Sovereign Immunity. The Parties agree that no provision of this contract is in any way intended to constitute a waiver by the OAG or the State of Texas of any immunities from suit or from liability that the OAG or the State of Texas may have by operation of law. 11.9 Governing Law; Venue. This contract is made and entered into in the State of Texas. This contract and all disputes arising out of or relating thereto shall be governed by the laws of the State of Texas, without regard to any otherwise applicable conflict of law rules or requirements. ICAC Subrecipient Grant Contract Page 14 of 19 DocuSign Envelope ID: B2EF5B49-7BAB-4EE2-9526-7B62F74CA6DD Except where state law establishes mandatory venue, GRANTEE agrees that any action, suit, litigation or other proceeding (collectively "litigation") arising out of or in any way relating to this contract shall be commenced exclusively in the Travis County District Court or the United States District Court in the Western District, Austin Division, and to the extent allowed by law, hereby irrevocably and unconditionally consent to the exclusive jurisdiction of those courts for the purpose of prosecuting and/or defending such litigation. GRANTEE hereby waives and agrees not to assert by way of motion, as a defense, or otherwise, in any suit, action or proceeding, any claim that GRANTEE is not personally subject to the jurisdiction of the above-named courts, the suit, action or proceeding is brought in an inconvenient forum and/or the venue is improper. 11.10 Catalog of Federal Domestic Assistance Number. The Catalog of Federal Domestic Assistance Number (CFDA) number for the Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention program is 16.543, titled "Missing Children's Assistance." 11.11 MOU between OAG and GRANTEE. The OAG and GRANTEE will have in place a Memorandum of Understanding that outlines the duties and responsibilities of GRANTEE as a member of the Internet Crimes Against Children Task Force. GRANTEE agrees to comply with the approved Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention ICAC Task Force Operational and Investigative Standards. 11.12 Business with Iran, Sudan, or Terrorist Organizations. GRANTEE hereby represents and warrants that it does not, and shall not for the duration of any resulting contract or purchase order hereunder, engage in any business operations, including but not limited to acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce with Iran, Sudan or a foreign terrorist organization. 11.13 Boycott of Israel. GRANTEE hereby represents and warrants that it does not, and shall not for the duration of any resulting contract or purchase order hereunder, boycott Israel as defined under Texas Government Code, Sec. 808.001(1). 11.14 No Use of Grant Money for Lobbying. GRANTEE shall not use any grant funds provided by OAG to GRANTEE to influence the passage or defeat of any legislative measure or election of any candidate for public office. - 11.15 Child Support Obligation Affirmation. Under Section 231.006 of the Texas Family Code, the GRANTEE certifies that the individual or business entity named in this contract is not ineligible to receive the specified grant, and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. 11.16 Texas Public Information Act. Information, documentation, and other material in connection with this contract or the underlying grant may be subject to public disclosure pursuant to Chapter 552 of the Texas Government Code (the "Public Information Act"). In accordance with Section 2252.907 of the Texas Government Code, GRANTEE is required to make any information created or exchanged with OAG, the State of Texas, or any state agency pursuant to the contract, ICAC Subrecipient Grant Contract Page 15 of 19 DocuSign Envelope ID: B2EF5B49-7BAB-4EE2-9526-7B62F74CA6DD and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to OAG, the State of Texas, or any state agency. 11.17 Restrictions and Certifications Regarding Non -Disclosure Agreements and Related Matters. In accepting this grant, the GRANTEE: a. represents and warrants that GRANTEE neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict ( or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if GRANTEE learns or GRANTEE is notified that is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the OAG and will resume (or permit resumption of) such obligations only if expressly authorized to do so OAG. SECTION 12 CONSTRUCTION OF CONTRACT AND AMENDMENTS 12.1 Construction of Contract. The provisions of Section 1 are intended to be a general introduction to this contract. To the extent the terms and conditions of this contract do not address a particular circumstance or are otherwise unclear or ambiguous, such terms and conditions are to be construed consistent with the general objectives, expectations and purposes of this contract. 12.2 Entire Agreement, including Exhibits. This contract, including all exhibits, reflect the entire agreement between the Parties with respect to the subject matter therein described, and there are no other representations (verbal or written), directives, guidance, assistance, understandings or agreements between the Parties relative to such subject matter. By executing this contract, GRANTEE agrees to strictly comply with the requirements and obligations of this contract, including all exhibits. 12.3 Amendment. This contract shall not be modified or amended except in writing, signed by both parties. Any properly executed amendment of this contract shall be binding upon the Parties and presumed to be supported by adequate consideration. 12.4 Partial Invalidity. If any term or provision of this contract is found to be illegal or unenforceable, such construction shall not affect the legality or validity of any of its other provisions. The illegal or invalid provision shall be deemed severable and stricken from the contract as if it had never been incorporated herein, but all other provisions shall continue in full force and effect. 12.5 Non -waiver. The failure of any Party to insist upon strict performance of any of the terms or conditions herein, irrespective of the length of time of such failure, shall not be a waiver of that ICAC Subrecipient Grant Contract Page 16 of 19 DocuSign Envelope ID: B2EF5B49-7BAB-4EE2-9526-7B62F74CA6DD party's right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this contract shall constitute a consent or waiver to or of any breach or default in the performance of the same or any other obligation of this contract. 12.6 Official Capacity. The Parties agree that the signatories hereto are signing, executing and performing this contract only in their official capacity. OFFICE OF THE ATTORNEY GENERAL OF TEXAS Printed Name: David Maxwell Office of the Attorney General ICAC Subrecipient Grant Contract Page 17 of 19 BEAUMONT POLICE DEPARTMENT Printed Name: Kyle Hammes Authorized Official DocuSign Envelope ID: B2EF5B49-7BAB-4EE2-9526-7B62F74CA6DD EXHIBIT A GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND BEAUMONT POLICE DEPARTMENT OAG Contract No. 1995158 Maximum Liability of the OAG. The OAG and GRANTEE agree that the total liability of the OAG to GRANTEE, directly or indirectly, arising out of this contract for reimbursement of all expenses, shall not exceed: EIGHT THOUSAND AND 00/100 ($8,000) DOLLARS Subject to the limitations within this contract, the OAG will reimburse GRANTEE for actual allowable and allocable costs paid according to the following amounts and budget categories: Budget Category Amount Personnel $0 Fringe Benefits $0 Professional & Contractual Services $0 Travel $0 Equipment $0 Supplies $0 Other Direct Operating Expenses $8,000 Total $8,000 ICAC Subrecipient Grant Contract Page 18 of 19 DocuSign Envelope ID: B2EF5B49-7BAB-4EE2-9526-7B62F74CA6DD EXHIBIT B GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND BEAUMONT POLICE DEPARTMENT OAG Contract No. 1995158 SPECIAL CONDITIONS Special Conditions are imposed by the OAG at its sole discretion. In addition to the ones identified in this exhibit to this contract, the OAG may, at its sole discretion, impose additional special conditions, with or without notice, without amending this contract. 1995158 GRANTEE's signature on this contact will be treated as a signature agreement for each of the twenty-one (21) pages of the Special Conditions, as attached. The Special Conditions that apply to this contract are: • Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, Special Conditions of the Cooperative Agreement (OAG Award Document), 2018 -MC -FX -K065, and any subsequent award document. ➢ Fourteen (14) pages. • Compliance with the Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, as provided in memo to Official Grant File, to Texas Office of the Attorney General and any subsequent award document. ➢ One (1) page. • Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, Project Summary (OAG Award Document), 2018 -MC -FX - K065. ➢ Two (2) pages. • Compliance with the Department of Justice, Office of Justice Programs, Office of Civil Rights, as provided in letter dated September 26, 2018, to Texas Office of the Attorney General and any subsequent award document. ➢ Three (3) pages. • Department of Justice, Assurances. ➢ Five (5) pages ICAC Subrecipient Grant Contract Page 19 of 19 Office of Justice Programs, Assurances — Standard DocuSign Envelope ID: B2EF5B49-7BAB-4EE2-9526-7B62F74CA6DD EXHIBIT D Memorandum of Understanding 1991462-01 OAG Contract No. This Memorandum of Understanding ("MOU") is executed between the Parties identified below, for certain Internet Crimes Against Children ("ICAC") Task Force activities. The Parties may be referred to in this contract individually as "Party" or collectively as "Parties." Section 1 Parties Beaumont Police Department ("Department") The Office of the Attorney General of Texas ("OAG") Section 2 Mission of the OAG The ICAC Task Force Program, created by the United States Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, ("OJJDP"), is a national network of state and local law enforcement cybercrime units tasked with combating technology -facilitated child exploitation. These task forces work collaboratively as a national network of law enforcement and prosecutorial agencies that prevent, interdict, investigate and prosecute ICAC activities. The ICAC program requires existing task forces to develop multi - jurisdictional, multi -agency responses to such offenses by providing funding and other support to state and local law enforcement agencies as a means to help them acquire the necessary knowledge, personnel, and equipment. This help encompasses investigative and forensic components, training and technical assistance, victim services, and community education. The OAG is designated by the OJJDP as the Regional Contact for the "Texas, Southern ICAC Task Force." The OAG is a recipient of an OJJDP ICAC grant. The OAG utilizes the ICAC grant funds to administer and operate an ICAC Task Force. The mission of the OAG's ICAC Task Force is to: (1) properly investigate and prosecute those who sexually exploit children through the use of the Internet and/or computers; (2) provide training and equipment to those involved in investigating and prosecuting Internet crimes against children, and (3) provide community education regarding the prevention of Internet crimes against children. Section 3 Term of MOU September 1, 2018 This MOU shall be effective on and will continue in effect until September 30, 2021 Section 4 Purpose of the MOU The purpose of this MOU is to formalize the working relationship between the OAG and the Department. This MOU delineates the responsibilities and expectations of the Parties. By signing this MOU, the Department agrees to join the OAG ICAC Task Force for the primary ICAC MOU Page 1 of 4 DocuSign Envelope ID: B2EF5B49-7BAB-4EE2-9526-7B62F74CA6DD purpose of vigorously and properly performing ICAC investigations. By joining the OAG ICAC Task Force, the Department will benefit from joint operations and extensive training opportunities. By entering into this MOU, the OAG will benefit from the investigative support by the Department. This MOU cancels and replaces any prior existing ICAC Task Force MOU between the Parties. Section 5 Investigations All ICAC investigations will be conducted only by sworn law enforcement investigators and in a spirit of cooperation with other OAG ICAC Task Force members. Investigations will follow guidelines established by each Party's respective policy manual or guidelines. However, ICAC investigations shall also be governed by the national ICAC program's Operational and Investigative Standards. Violation of the ICAC operational standards is cause for termination of this MOU. This MOU is not intended to infringe on the ongoing investigations of any other agency. It is agreed that unilateral acts on the part of employees involved in ICAC Task Force investigations are not in the best interest of the Task Force. Section 6 Department's Duties and Responsibilities The Department will ensure the following activities: A. Only sworn Department law enforcement personnel will conduct undercover ICAC investigations. Each investigator involved with undercover operations must receive ICAC training prior to initiating proactive investigations and shall submit reports of all undercover activity to the OAG. B. Conduct reactive investigations where subjects are associated with the Department's jurisdiction, including investigations of child pornography, CYBERTIP referrals from the National Center for Missing and Exploited Children, Internet Service Provider and law enforcement referrals, and other ICAC -related investigations. Additional case initiations may develop from subject interviews, documented public sources, direct observations of suspicious behavior, public complaints, or other appropriate sources. C. Record and document all undercover online activity. Any deviations from this policy due to unusual circumstances shall be documented in the relevant case file and reviewed by the ICAC Task Force Program Manager. D. Provide agents assigned to the ICAC Task Force access to all ICAC investigative files including, without limitation, computer records, in order to ensure compliance with all national ICAC standards. E. Locate its ICAC investigators in secured space provided by the Department with controlled access to all equipment, software, and investigative files. At a minimum, ICAC MOU Page 2 of 4 DocuSign Envelope ID: B2EF5B49-7BAB-4EE2-9526-7B62F74CA6DD information should be maintained in locked cabinets and under control of the Department ICAC Task Force personnel, with restricted access to authorized personnel only. F. Conduct education and prevention programs to foster awareness and provide practical, relevant guidance to children, parents, educators, librarians, the business and law enforcement communities, and other individuals concerned about Internet child safety issues. Presenters shall not discuss ongoing investigative techniques and undercover operations utilized by the ICAC Task Force. Section 7 Supervision; Compliance with Regulatory and Licensing Bodies The Department will be responsible for the day-to-day operational supervision, administrative control, and personal and professional conduct of its officers and agents assigned to the Task Force. ICAC investigations are a cooperative effort and investigative decisions will be a joint process guided by ICAC standards. The Department agrees that it has obtained all licenses, certifications, permits and authorizations necessary to perform the responsibilities of this MOU. The Department agrees to comply with all applicable licenses, legal certifications, inspections, and any other applicable local ordinance, state, or federal laws. Section 8 No Employment Relationship with the OAG; Liability The Department expressly agrees that there is no employment relationship between the Department and the OAG. Under no circumstances shall any owners, incorporators, officers, directors, employees, or volunteers of the Department be considered an employee, agent, servant, or partner of, or part of any joint venture or j oint, enterprise with, the OAG. To the extent allowed by law, the Department is responsible for all types of claims whatsoever due to their own actions or performance under this MOU, including, but not limited to, the use of automobiles (or other transportation), taken by its owners, incorporators, officers, directors, employees, volunteers or any third parties. Section 9 Reporting Statistics Using the reporting form provided by the OAG, the Department shall submit monthly statistics to the OAG on all ICAC investigations or other investigative work pertaining to the sexual exploitation of children via the Internet. These statistics shall be submitted in the appropriate format by the tenth (10th) calendar day of each month, and shall include data on all related investigations opened or closed during the month, as well as forensic examinations, technical/investigative assistance provided to other agencies, subpoenas and court orders issued, training hours attended and taught, and community outreach provided. In addition, the Department shall provide detail reporting on the basic case data for each sexual exploitation of a minor (child pornography) case, and/or criminal solicitation of a minor (enticement/traveler) case investigated by the Department. The OAG will then be responsible for all required reporting to OJJDP. ICAC MOU Page 3 of 4 DocuSign Envelope ID: B2EF5B49-7BAB-4EE2-9526-7B62F74CA6DD Section 10 Training The Department shall make investigators designated as ICAC Task Force members available for applicable specialized training provided through the national ICAC program and other appropriate training programs. The Department will support the on-going training needs of its investigators to maintain their competency and currency. Section 11 Confidentiality It is understood that any confidential information pertaining to ICAC investigations will be held in the strictest confidence, and will only be shared with participating OAG ICAC Task Force members or other law enforcement agencies where necessary or as otherwise permitted by federal and/or state law. Section 12 Termination of MOU Either Party, at its sole discretion, may terminate this MOU for convenience upon written notice to the other Party at least thirty (30) calendar days in advance of the effective date of such termination. The OAG may terminate this MOU for cause for the following reasons that include, but are not limited to, failure of Department to accept and/or investigate cyber tips, failure of Department to report statistics to the OAG, failure of Department to adhere to national ICAC program's Operational and Investigative Standards, or failure of Department to exercise reasonable efforts to support the on-going training needs of its investigators to maintain their competency and currency. Section 13 Signatures The Parties stipulate and agree that the signatories hereto are signing, executing and performing this MOU only in their official capacity. Office of the Attorney General DocuSigned by: �A4omvyQmneral or designee ICAC MOU Page 4 of 4 DocuSigned by: �fl1a�zD... Authorized Official BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Sherry Ulmer, Public Health Director MEETING DATE: July 9, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager or the Chief Financial Officer to execute all documents necessary for a Memorandum of Understanding between the City of Beaumont and the Texas Department of State Health Services (DSHS). BACKGROUND The City of Beaumont Public Health Department and the Texas Department of State Health Services (DSHS) would enter into an agreement to establish the roles and responsibilities between the parties regarding medications available. through the DSHS Inventory Tracking Electronic Asset Management System (ITEAMS) platform. These medications are available to treat and control the spread of infectious disease across Texas to achieve improved public health outcomes. DSHS will purchase medications with state and federal funds allocated to DSHS for specific public health purposes, and are administered or dispensed in compliance with federal program regulations; the Beaumont Public Health Department will obtain medications through the ITEAMS platform for the outpatient treatment of sexually transmitted diseases (STD) and Tuberculosis (TB) services. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE - CITY OF BEAUMONT: THAT the City Manager or the Chief Financial Officer be and they are hereby authorized to execute a Memorandum of Understanding between the City of Beaumont and the Texas Department of State Health Services (DSHS) in an effort to establish, the roles and responsibilities regarding medications available through DSHS Inventory Tracking Electronic Asset Management System (ITEAMS) platform for the outpatient treatment of sexually transmitted diseases (STD) and Tuberculosis (TB) services. The Memorandum of Understanding 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 9th day of July, 2019. - Mayor Becky Ames - DEPARTMENT OF STATE HEALTH SERVICES MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding, (the "MOU"), is entered into by and between the Department of State Health Services ("DSHS"), an agency of the State of Texas, and the Beaumont Public Health Department ("Clinic"), (collectively, the "Parties"), in the effort to set out the roles and responsibilities between the Parties regarding medications available through DSHS Inventory Tracking Electronic Asset Management System (ITEAMS) platform to treat and control the spread of infectious disease across Texas to achieve improved public health outcomes. RECITALS WHEREAS, DSHS purchases medications with state and federal funds allocated to DSHS for specific public health purposes, and are to be administered or dispensed in compliance with federal program regulations; WHEREAS, the Clinic obtains medications -through the ITEAMS platform for the outpatient treatment of sexually transmitted diseases (STD) or for tuberculosis (TB) services; and WHEREAS, for the TB medications, this MOU only applies to local health departments and entities who are pre -authorized to order medications for TB services. Now THEREFoRE, in consideration of the mutual promises set forth herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree as follows: A. The Clinic must ensure medications are used only for the treatment of STDs and TB; B. The Clinic must ensure STD medications are used only for uninsured or underinsured patients as defined by DSHS; C. The Clinic must distribute medications at no charge to the patient; D. The Clinic must not seek third party reimbursement, including Medicaid reimbursement, for the medications that are provided at no cost to the clinic; EXHIBIT "A" E. The Clinic must ensure that medications are not sold or exchanged for profit to another individual or entity for any reason F. The Clinic must have a Class D Pharmacy license. Clinics without a Class D Pharmacy license are only permitted to order medications under a physician's license for direct administration to patients onsite in the clinic. G. The Clinic must have a designate staff member who oversees the ordering, provision, reconciliation, and reporting of medications obtained through the ITEAMS platform. Reconciliation of medications must occur on a monthly basis, as defined by the DSHS Pharmacy Branch H. The Clinic must have manual or electronic tracking procedures to demonstrate that all ITEAMS medications administered or dispensed have been appropriately provided to an eligible recipient of clinical services in an outpatient setting. I. The Clinic must maintain records containing information that would establish appropriate use of medications can be requested and audited in an internal review at any time to ensure compliance. Records include, but are not limited to, billing records, medication tracking logs, and relevant patient records. J. The Clinic must ensure medications for the treatment of STDs comply with current policies and procedures outlined by the DSHS HIV/STD Program, which can be accessed at: https://www.dshs.texas.gov/liivstd/policy/_. K. The Clinic must ensure medication for TB services must comply with current policies and procedures outlined by the DSHS Tuberculosis and Hansen's Disease Branch in the Texas Tuberculosis Work Plan, which can be accessed at: hgps://wym,.dshs.texas.gov/idcu/discase/tb/p-olicies/. I. Term of the MOU. This MOU begins upon the first date on which it has been executed by both Parties and ends on August 31, 2021 II. Authori DSHS enters into this MOU under the authority of Health and Safety Code, Chapter 1001. III. Amendments. Amendments to this MOU shall be in writing and signed by the Parties. IN. Termination of MOU. W VI. Either Department of State Health Services or Beaumont Public Health Department may terminate this MOU with written notice of thirty days prior to the date of termination. Confidentiality. Information exchanged pursuant to this MOU will be exchanged only, in accordance to the attached DUA. Primary Contacts. All communications between the Parties shall be made through the primary contacts or their designees to the maximum extent possible. The primary contacts are: For: Department of State Health Services Pharmacy Branch DSHS Medications Phone: 512-776-7500 STD Nurse Consultant Pamela Mathie, MSN, RN Phone: (512) 533-3118 Email: pamela mathie0a dshs.texas.gov TB Contract Manager Ebony White Phone: (512) 776-2152 Email: ebony whiteOldshs.texas.gov Department of State Health Services PO Box 149347 Austin, TX 78714 VII. Entire Agreement, For: Beaumont Public Health Department STD Nurse Kathryn Williams Phone: (409) 654-3618 Email: kathryn.williams@beaumonttexas.gov TB Nurse Kathryn Williams Phone: (409) 654-3618 Email: kathryn.williams@beaumonttexas.gov Beaumont Public Health Department 3040 College Street Beaumont, TX 77701 The Parties acknowledge that this MOU, including the incorporated attachments, is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this MOU, other than as set forth in this MOU. By signing below, the Parties acknowledge that they have read the MOU and agree to its terms, and that the persons whose signatures appear below have the requisite authority to execute this MOU on behalf of the named party. DEPARTMENT OF STATE HEALTH SERVICES By: Signature of Authorized Official BEAUMONT PUBLIC HEALTH DEPARTMENT By: Signature of Authorized Official Date Date AHS DATA USE AGREEMENT This Data Use Agreement ("DUX'), effective as of the date the Base Contract into which it is incorporated is signed ("Effective Date"), is entered into by and between a Texas Health and. Human Services Enterprise agency ("HHS"), and the Contractor identified in the Base Contract, a political subdivision of the State of Texas ("CONTRACTOR. ARTICLE 1. PURPOSE; APPLICABILITY; ORDER OF PRECEDENCE The purpose of this DUA is to facilitate creation, receipt, maintenance, use, disclosure or access to Confidential Information with CONTRACTOR, and describe CO TRA.CTOR's rights and obligations with respect to the Confidential Information. 45 CFR 164.504 e 1 -(3). This DUA also describes HHS's remedies in the event of CONTRACTOR's noncompliance with its obligations under this DUA. This DUA applies to both Business Associates and contractors who are not Business Associates who create, receive, maintain, use, disclose or have access to Confidential Information on behalf of HHS, its programs or clients as described in the Base Contract. As of the Effective Date of this DUA, if any provision of the Base Contract, including any General Provisions or Uniform Terms and Conditions, conflicts with this DUA, this DUA controls. ARTICLE 2. DEFINITIONS For the purposes of this DUA, capitalized, underlined terms have the meanings set forth in the following: Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (42 U.S.C. §1320d, et seq.) and regulations thereunder in 45 CFR Parts 160 and 164, including all amendments, regulations and guidance issued thereafter; The Social Security Act, including Section 1137 (42 U.S.C. §§ 1320b-7), Title XVI of the Act; The Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. § 552a and regulations and guidance thereunder; Internal Revenue Code, Title 26 of the United States Code and regulations and publications adopted under that code, including IRS Publication 1075; OMB Memorandum 07-18; Texas Business and Commerce Code Ch. 521; Texas Government Code, Ch. 552, and Texas Government Code §2054.1125. In addition, the following terms in this DUA are defined as follows: "Authorized Purpose" means the specific purpose or purposes described in the Statement of Work of the Base Contract for CONTRACTOR to fulfill its obligations under the Base Contract, or any other purpose expressly authorized by HHS in writing in advance. "Authorized User" means a Person: (1) Who is authorized to create, receive, maintain, have access to, process, view, handle, examine, interpret, or analyze Confidential Information pursuant to this DUA; HHS Data Use Agreement 071015HTAA Omnibus Compliant October, 2015 TACCHO VERSION Page 1 of 15 (2) For whom CONTRACTOR warrants and represents has a demonstrable need to create; receive, maintain, use, disclose or have access to the Confidential Information; and (3) Who has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information as required by this DUA. "Confidential Information" means any communication or record (whether oral, written, electronically stored or transmitted, or in any other form) provided to or made available to CONTRACTOR, or that CONTRACTOR may, for an Authorized Purpose, create, receive, maintain, use, disclose or have access to, that consists of or includes any or all of the following: (1) Client Information; (2) Protected Health Information in any form including without limitation, Electronic Protected Health Information or Unsecured Protected Health Information (herein "PHI"); (3) Sensitive Personal Information defined by Texas Business and Commerce Code Ch. 521; (4) Federal Tax Information; (5) Individually Identifiable Health Information as related to HIPAA, Texas HIPAA and Personal IdentifyingInformation under the Texas Identity Theft Enforcement and Protection Act; (6) Social Security Administration Data, including, without limitation, Medicaid information; (7) All privileged work product; (8) All information designated as confidential under the constitution and laws of the State of Texas and of the United States, including the Texas Health & Safety Code and the Texas Public Information Act, Texas Government Code, Chapter 552. "Legally Authorized Representative" of the Individual, as defined by Texas 1 w, including nc udi as provided in 45 CFR 435.923 (Medicaid); 45 CFR 164.502(g)(1) (HIPAA);ex § 151.002(6); Tex. H. & S. Code § 166.164; and Estates Code Ch. 752. ARTICLE 3. CONTRACTOR'S DUTIES REGARDING CONFIDENTIAL INFORMATION 3.01 Obligations of CONTRACTOR CONTRACTOR agrees that: (A) CONTRACTOR will exercise reasonable care and no less than the same degree of care CONTRACTOR uses to protect its own confidential, proprietary and trade secret information to prevent any portion of the Confidential Information from being used in HHS Data Use Agreement 071015HIPAA Omnibus Compliant October, 2015 TACCHO VERSION Page 2 of 15 a manner that is not expressly an Autho_ rized Pmos e under this DUA or as Required by Law. 45 CFR 164.502(b)(1); 45 CFR 164.514(d) (B) Except as Requiredby Law, CONTRACTOR will not disclose or allow access to any portion of the Confidential Information to any Person or other entity, other than Authorized User's Workforce or Subcontractors (as defined in 45 C.F.R. 160.103) of CONTRACTOR who have completed training in confidentiality, privacy, security and the importance of promptly reporting any Event or Breach to CONTRAACTOR's management, to carry out CONTRACTOR's obligations in connection with the Authorized Purpose. HHS, at its election, may assist CONTRACTOR in training and education on specific or unique HHS processes, systems and/or requirements. CONTRACTOR willproduce evidence of completed training to HHS upon request. 45 C.F.R. 164.308(a)(5)(i); Health & Safety Code §181.101 (C) CONTRACTOR will establish, implement and maintain appropriate sanctions against any member of its Workforce or Subcontractor who fails to comply with this DUA, the Base Contract or applicable law. CONTRACTOR will maintain evidence of sanctions and produce it to HHS upon request.45 C.F.R. 164.308(a)(1)(ii)(C); 164.530(e); 164.410(b); 164.530(6)(1) (D) CONTRACTOR will not, except as otherwise permitted by this DUA, disclose or provide access to any Confidential Information on the basis that such act is Required by Law without notifying either HHS or CONTRA.CTOR's own legal counsel to determine whether CONTRACTOR should object to the disclosure or access and seek appropriate relief. CONTRACTOR will maintain an accounting of all such requests for disclosure and responses and provide such accounting to HHS within 48 hours of HHS' request. 45 CFR 164.504(e)(2)(ii)(A) (E) CONTRACTOR will not attempt to re -identify or further identify Confidential Information or De -identified Tnfornnation, or attempt to contact any Individuals whose records are contained in the Confidential Information, except for an Authorized pumose, without express written authorization from HHS or as expressly permitted by the Base Contract. 45 CFR 164.502(d)(2)(tand (ii) CONTRACTOR will not engage prohibited marketing or sale of Confidential Information. 45 CFR 164.501, 164.508(a)(3) and (4); Texas Health & Safety Code Ch. 181.002 (F) CONTRACTOR will not permit, or enter into any agreement with a Subcontractor to, create, receive, maintain, use, disclose, have access to or transmit Confidential Information to carry out CONTRA.CTOR's obligations in connection with the Authorized purpose on behalf of CONTRACTOR, unless Subcontractor agrees to comply with all applicable laws, rules and regulations. 45 CFR 164 502(e)(1)(ii); 164.504(e)(1)(i) and (2). (G) CONTRACTOR is directly responsible for compliance with, and enforcement of, all conditions for creation, maintenance, use, disclosure, transmission and Destruction of, HHS Data Use Agreement 071015HIPAA Omnibus Compliant October, 2015 TACCHO VERSION Page 3 of 15 Confidential Information and the acts or omissions of Subcontractors as may be reasonably necessary to prevent unauthorized use. 45 CFR 164.504(e)(5); 42 CFR 43L 300, et seq. (H) If CONTRACTOR maintains PHI in a Designated Record Set which is Confidential Information and subject to this Agreement, CONTRACTOR will make PHI available to HHS in a Designated Record Set upon request. CONTRACTOR will provide PHI to an Individual, or Legally Authorized Representative of the Individual who is requesting PHI in compliance with the requirements of the HIPAA Privacy Regulations. CONTRACTOR will release PHI in accordance with the HIPAA Privacy Regulations upon receipt of a valid written authorization. CONTRACTOR will make other Confidential Information in CONTRACTOR's possession available pursuant to the requirements of a1PAA or other applicable law upon a determination of a Breach of UnsecuredPHI as defined in HIPAA. CONTRACTOR will maintain an accounting of all such disclosures and provide it to HHS within 48 hours of HHS' request. 45 CFR 164.524and 164.504(e)(2)(ii)(E). (I) If PHI is subject to this Agreement, CONTRACTOR will make PHI as required by HIPAA available to HHS for review subsequent to CONTRACTOR's incorporation of any amendments requested pursuant to HIPAA. 45 CFR 164.504(e)(2)(ii)(E) and (F). (j). If PHI is subject to this Agreement, CONTRACTOR will document and make available to HHS the PHI required to provide access, an accounting of disclosures or amendment in compliance with the requirements of the HIPAA Privacy Regulations. 45 CFR 164.504(e)(2)(ii)(G) and 164.528. (K) If CONTRACTOR receives a request for access, amendment or accounting of PHI from an individual with a right of access to information subject to this DUA, it will respond to such request in compliance with the HIPAA Privacy Regulations. CONTRACTOR will maintain an accounting of all responses to requests for access to or amendment of PHI and provide it to HHS within 48 hours of HHS' request. 45 CFR 164.504(e)(2). (L) CONTRACTOR will provide, and will cause its Subcontractors and agents to provide, to HHS periodic written certifications of compliance with controls and provisions relating to information privacy, security and breach notification, including without limitation inforination related to data transfers and the handling and disposal of Confidential Information. 45 CFR 164.308; 164.530(c); 1 TAC 202. (NI) Except as otherwise limited by this DUA, the Base Contract, or law applicable to the Confidential Information, CONTRACTOR may use PHI for the proper management and administration of CONTRACTOR or to carry out CONTRACTOR's legal responsibilities. Except as otherwise limited by this DUA, the Base Contract, or law applicable to the Confidential Information, CONTRACTOR may disclose PHI for the proper management and administration of CONTRACTOR, or to carry out CONTRACTOR's legal responsibilities, if: 45 CFR 164.504(e)(4)(A). HHS Data Use Agreement 071015HIPAA Omnibus Compliant October, 2015 TACCHO VERSION Page 4 of 15 (1) Disclosure is Required by Law, provided that CONTRACTOR complies with Section 3.01(D); or (2) CONTRACTOR obtains reasonable assurances from the person or entity to which the information is disclosed that the person or entity will: (a)Maintain the confidentiality of the Confidential Information in accordance with this DUA; (b) Use or fiu-ther disclose the information only as Required by Law or for the Authorized Purpose for which it was disclosed to the Person; and (c)Notify CONTRACTOR in accordance with Section 4.01 of any Event or Breach of Confidential Information of which the Person discovers or should have discovered with the exercise of reasonable diligence. 45 CFR 164.504(e)(4)(ii)(B). (N) Except as otherwise limited by this DUA, CONTRACTOR will, if required by law and requested by HHS, use commercially reasonable efforts to use PHI to provide data aggregation services to HHS, as that term is defined in the H EPAA, 45 C.F.R. § 164.501 and permittedbyHIPAA. 45 CFR 164 504(e)(2)(i)(B) (0) CONTRACTOR will, on the termination or expiration of this DUA or the Base Contract, at its expense, send to HHS or Destroy, at HHS's election and to the extent reasonably feasible and permissible by law, all Confidential Information received from HHS or created or maintained by CONTRACTOR or any of CONTRACTOR's agents or Subcontractors on HHS's behalf if that data contains Confidential Information. CONTRACTOR will certify in writing to HHS that all the Confidential Information that has been created, received, maintained, used by or disclosed to CONTRACTOR, has been Destroyed or sent to HHS, and that CONTRACTOR and its agents and Subcontractors have retained no copies thereof. Notwithstanding the foregoing, HHS acknowledges and agrees that CONTRACTOR is not obligated to send to HHSC and/or Destro any Confidential information if federal law, state law, the Texas State Library and Archives Commission records retention schedule, and/or a litigation hold notice prohibit such delivery or Destruction. if such delivery or Destruction is not reasonably feasible, or is impermissible by law, CONTRACTOR will immediately notify HHS of the reasons such delivery or Destruction is not feasible, and agree to extend indefinitely the protections of this DUAto the Confidential Information and limit its further uses and disclosures to the purposes that make the return delivery or Destruction of the Confidential Information not feasible for as long as CONTRACTOR maintains such Confidential Information. 45 CFR 164.504(e)(2)00(J (P) CONTRACTOR will create, maintain, use, disclose, transmit or Destro Confidential information in a secure fashion that protects against any reasonably anticipated threats or hazards to the security or integrity of such information or unauthorized uses. 45 CFR 164.306; 164.530(c) HHS Data Use Agreement 0710151UPAA Omnibus Compliant October, 2015 TACCHO VERSION Page 5 of 15 (Q) If CONTRACTOR accesses, transmits, stores, and/or maintains Conf_ complete and return to HHS at Information, CONTRACTOR will infosecurity@hhsc.state.tx.us the HHS information security and privacy initial inquiry (SPI) at Attachment 1 . The SPI identifies basic privacy and security controls with which CONTRACTOR must comply to protect HHS Confidential Information. CONTRACTOR will comply with periodic security controls compliance assessment and monitoring by HHS as required by state and federal law, based on the type of Confidential Information CONTRACTOR creates, receives, maintains, uses, discloses or has access to and the Authorized Purpose and level of risk. CONTRACTOWs security controls will be based on the National Institute of Standards and Technology (NIST) Special Publication 800-53. CONTRACTOR will update its security controls assessment whenever there,are significant changes insecurity controls for HHS Confidential Information and will provide the updated document to HHS. HHS also reserves the right to request updates as needed to satisfy state and federal monitoring requirements. 45 CFR 164.306. (R) CONTRACTOR will establish, implement and maintain reasonable procedural, administrative, physical and technical safeguards to preserve and maintain the confidentiality, integrity, and availability of the Confidential Information, and with respect to PHI, as described in the HIPAA Privacy and Security Regulations or other applicable laws or regulations relating to Confidential Information, to prevent any unauthorized use or disclosure of Confidential Information as long as CONTRACTOR has such Confidential Information in its actual or constructive possession. 45 CFR 164.308 (administrative safeguards); 164.310 (physical safeguards); 164.312 (technical safeguards); 164.530(c) (privacy safeguards). (S) CONTRACTOR will designate and identify, a Person or Persons, as Privacy Officia145 CFR 164.530(a)(1) andlnformation Security Official, each ofwhom is authorized to act on behalf of CONTRACTOR and is responsible for the development and implementation of the privacy and security requirements in this DUA. CONTRACTOR will provide name and current address, phone number and e-mail address for such designated officials to HHS upon execution of this DUA and prior to any change. If such persons fail to develop and implement the requirements of the DUA, CONTRACTOR will replace them upon HHS request. 45 CFR 164.308(a)(2). (T) CONTRACTOR represents and warrants that its Authorized Users each have a demonstrated need to know and have access to Confidential Information solely to the minimum extent necessary to accomplish the Authorized Purpose pursuant to this DUA and the Base Contract, and further, that each has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information contained in this DUA. 45 CFR 164.502; 164.514(d). (u) CONTRACTOR and its Subcontractors will maintain an updated, complete, accurate and numbered list of Authorized Users, their signatures, titles and the date they agreed to be bound by the terms of this DUA, at all times and supply it to HHS, as directed, upon request. HHS Data Use Agreement OVERSION Compliant October, 2015 TACCHORS ON Page 6 of 15 (V) CONTRACTOR will implement, update as necessary, and document reasonable and appropriate policies and procedures for privacy, security and Breach of Confidential Information and an incident response plan for an Event or Breach, to comply with the privacy, security and breach notice requirements of this DT -JA prior to conducting work under the Statement of Work. 45 CFR 164.308;164.316; 164.514(d); 164.530(i)(1). (W) CONTRACTOR will produce copies of its information security and privacy policies and procedures and records relating to the use or disclosure of Confidential Information received from, created by, or received, used or disclosed by CONTRACTOR for an Authorized Purpose for HHS's review and approval within 30 days of execution of this DUA and upon request by HHS the following business day or other agreed upon time frame. 45 CFR 164.308; 164.514(d). (X) CONTRACTOR will make available to HHS any information HHS requires to fulfill HHS's obligations to provide access to, or copies of, PHI in accordance with HIPAA and other applicable laws and regulations relating to Confidential Information. CONTRACTOR will provide such information in a time and manner reasonably agreed upon or as designated by the Secret of the U.S. Department of Health and Human Services, or other federal or state law. 45 CFR 164 504(e)(2)(i)(I). (y) CONTRACTOR will only conduct secure transmissions of Confidential Information whether in paper, oral or electronic form, in accordance with applicable rules, regulations and laws. A secure transmission of electronic Confidential Information in motion includes, but is not limited to, Secure File Transfer Protocol (SFTP) or Enc tion at an appropriate level. If required by rule, regulation or law, HHS Confidential Information at rest requires Encryption unless there is other adequate administrative, technical, and physical security. All electronic data transfer and communications of Confidential Information will be through secure systems. Proof of system, media or device security and/or Encryption must be produced to HHS no later than 48 hours after HHS's written request in response to a compliance investigation, audit or the Discovery of an Event or Breach. Otherwise, requested production of such proof will be made as agreed upon by the parties. De -identification ofHHS Confidential Information is a means of security. With respect to de -identification of PHI, "secure" means de -identified according to HIPAAPrivac standards and regulatoiy guidance. 45 CFR 164.312; 164530(d). (Z) For each type of Confidential Information CONTRACTOR creates, receives, maintains, uses, discloses, has access to or transmits in the.performance of the Statement of Work, CONTRACTOR will comply with the following laws rules and regulations, only to the extent applicable and required by law: Title 1, Part 10, Chapter 202, Subchapter B, Texas Administrative Code; The Privacy Act of 1974; OMB Memorandum 07-16; HHS Data Use Agreement 0710151UPAA Omnibus Compliant October, 2015 TACCHO VERSION Page 7 of 15 . The Federal Information Security Management Act of 2002 (FISMA); • The Health Insurance Portability and Accountability Act of 1996 (HIPAA) as defined in the DUA; • Internal Revenue Publication 1075 — Tax Information Security Guidelines for Federal, State and Local Agencies; • National Institute of Standards and Technology (NIST) Special Publication 800-66 Revision 1—An Introductory Resource Guide for Implementing the Health Insurance Portability and Accountability Act (HIPAA) Security Rule; • NIST Special Publications 800-53 and 800-53A — Recommended Security Controls for Federal Information Systems and Organizations, as currently revised; • NIST Special Publication 800-47 — Security Guide for Interconnecting Information Technology Systems; • NIST Special Publication 800-88, Guidelines for Media Sanitization; NIST Special Publication 800-111, Guide to Storage of Encryption Technologies for End User Devices containing PHI; and Any other State or Federal law, regulation, or administrative rule relating to the specific HHS program area that CONTRACTOR supports on behalf of HHS. (AA) Notwithstanding anything to the contrary herein, CONTRACTOR will treat any Personal Identifying�Information it creates, receives, maintains, uses, transmits, destroys and/or discloses in accordance with Texas Business and Commerce Code, Chapter 521 and other applicable regulatory standards identified in Section 3.01(Z), and Individually Identifiable Health Information CONTRACTOR creates, receives, maintains, uses, transmits, destroys and/or discloses in accordance with HIPAA and other applicable regulatory standards identified in Section 3.01(Z). ARTICLE 4. BREACH NOTICE, REPORTING AND CORRECTION REQUIREMENTS 4.01 Breach or Event Notification to HHS. 45 CFR 164.400-414. (A) CONTRACTOR will cooperate fully with HHS in investigating, mitigating to the extent practicable and issuing notifications directed by HHS, for any Event or Breach of Confidential Information to the extent and in the manner determined by HHS. HHS Data Use Agreement 071015IITAA Omnibus Compliant October, 2015 TACCHO VERSION Page 9 of 15 (B) CONTRACTOR'S obligation begins at the Discovery of an Event or Breach and continues as long as related activity continues, until all effects of the Event are mitigated to HHS's reasonable satisfaction (the "incident response period"). 45 CFR 164.404. (C) Breach Notice: (1) initial Notice. (a) For federal information, including without limitation, Federal Tax Information, Social Security Administration Data, and Medicaid Client Information, within the first, consecutive clock hour of Discovery, and for all other types of Confidential Information not more than 24 hours after Discovery, or in a timeframe otherwise approved by HHS in writing, initially report to HHS's Privacy and Security Officers via email at: privacy@HHSC.state.tx.us and to the HHS division responsible for this DUA; and IRS Publication 1075; Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. § 552a; OMB Memorandum 07-16 as cited in HHSC-CMS Contracts for information exchange. (b) Report all information reasonably available to CONTRACTOR about the Event or Breach of the privacy or security of Confidential Information. 45 CFR 164.410. (c) Name, and provide contact information to HHS for, CONTRACTOR's single point of contact who will communicate with HHS both on and off business hours during the incident response period. (2) Formal Notice. No later than two business days after the Initial Notice above, provide formal notification to privacy@HHSC.state.tx.us and to the HHS division responsible for this DUA, including all reasonably available information about the Event or Breach, and CONTRACTOR's investigation, including without limitation and to the extent available: For (a) - (tit) below: 45 CFR 164.400-414. (a) The date the Event or Breach occurred; (b) The date of CONTRACTOR's and, if . applicable, Subcontractor's Discovery; (c) A brief description of the Event or Breach; including how it occurred and who is responsible (or hypotheses, if not yet determined); (d) A brief description of CONTRACTOR's investigation and the status of the investigation; (e) A description of the types and amount of Confidential Information involved; HHS Data Use Agreement 071015HMAA. Omnibus Compliant October, 2015 TACCHO VERSION Page 9 of 15 (f) Identification of and number of all Individuals reasonably believed to be affected, including first and last name of the Individual and if applicable the, Legally Authorized Representative, last known address, age, telephone number, and email address if it is a preferred contact method, to the extent known or can be reasonably determined by CONTRACTOR at that time; (g) CONTRACTOR's initial risk assessment of the Event or Breach demonstrating whether individual or other notices are required by applicable law or this DUA for HHS approval, including an analysis of whether there is a low probability of compromise of the Confidential Information or whether any legal exceptions to notification apply; (h) CONTRACTOR's recommendation for HHS's approval as to the steps Individuals and/or CONTRACTOR on behalf of Individuals, should take to protect the Individuals from potential harm, including without limitation CONTRACTOR's provision of notifications, credit protection, claims monitoring, and any specific protections for a Legally Authorized Representative to take on behalf of an Individual with special capacity or circumstances; (i) The steps CONTRACTOR has taken to mitigate the harm or potential harm caused (including without limitation the provision of sufficient resources to mitigate); 6) The steps CONTRACTOR has taken, or will take, to prevent or reduce the likelihood of recurrence of a similar Event or Breach; (k) Identify, describe or estimate the Persons, Workforce, Subcontractor, or Individuals and any law enforcement that may be involved in the Event or Breach; (1) A reasonable schedule for CONTRACTOR to provide regular updates during normal business hours to the foregoing in the future for response to the Event or Breach, but no less than every three (3) business days or as otherwise directed by HHS, including information about risk estimations, reporting, notification, if any, mitigation, corrective action, root cause analysis and when such activities are expected to be completed; and (m) Any reasonably available, pertinent information, documents or reports related to an Event or Breach that HHS requests following Discovery. 4.02 Investigation, Response and Mitigation. 45 CFR 164.308, 310 and 312;164.530 (A) CONTRACTOR will immediately conduct a fall and complete investigation, respond to the Event or Breach, commit necessary and appropriate staff and resources to HHS Data Use Agreement 071015HIPAA Omnibus Compliant October, 2015 TACCHO VERSION Page 10 of 15 expeditiously respond, and report as required to and by HHS for incident response purposes and for purposes of HHS's compliance with report and notification requirements, to the reasonable satisfaction of HHS. (B) CONTRACTOR will complete or participate in a risk assessment as directed by HHS following an Event or Breach, and provide the final assessment, corrective actions and mitigations to HHS for review and approval. (C) CONTRACTOR will fully cooperate with HHS to respond to inquiries and/or proceedings by state and federal authorities, Persons and/or Individuals about the Event or Breach. (D) CONTRACTOR will fully cooperate with HHS's efforts to seek appropriate injunctive relief or otherwise prevent or curtail such Event or Breach, or to recover or protect any Confidential Information, including complying with reasonable corrective action or measures, as specified by HHS in a Corrective Action Plan if directed by HHS under the Base Contract. 4.03 Breach Notification to Individuals and Reporting to Authorities. Tex. Bus. & Comm. Code §521.053; 45 CFR 164.404 (Individuals), 164.406 (Media); 164.408 (Authorities) (A) HHS may direct CONTRACTOR to provide Breach notification to Individuals, regulators or third -parties, as specified by HHS following a Breach. (B) CONTRACTOR shall give HHS an opportunity to review and provide feedback to CONTRACTOR and to confirm that CONTRACTOR's notice meets , all regulatory requirements regarding the time, manner and content of any notification to Individuals, regulators or third parties, or any notice required by other state or federal authorities. HHS shall have ten (10) business days to provide said feedback to CONTRACTOR. Notice letters will be in CONTRACTOR's name and on CONTRACTOR's letterhead, unless otherwise directed by HHS, and will contain contact information, including the name and title of CONTRACTOR's representative, an email address and a toll-free telephone number, if required by applicable law, rule, or regulation, for the Individual to obtain additional information. (C) CONTRACTOR will provide HHS with copies of distributed and approved communications. (D) CONTRACTOR will have the burden of demonstrating to the reasonable satisfaction of HHS that any notification required by HHS was timely made. If there are delays outside of CONTRACTOR's control, CONTRACTOR will provide written documentation of the reasons for the delay. (E) If HHS delegates notice requirements to CONTRACTOR, HHS shall, in the time and manner reasonably requested by CONTRACTOR, cooperate and assist with CONTRACTOR's information requests in order to make such notifications and reports. HHS Data Use Agreement 071015IDPAA Omnibus Compliant October, 2015 TACCHO VERSION Page 11 of 15 ARTICLE 5. STATEMENT OF WORK ,,Statement of Work, means the services and deliverables to be performed or provided by CONTRACTOR, or on behalf of CONTRACTOR by its Subcontractors or agents for HHS that are . described in detail in the Base Contract. The Statement of Work, including any future amendments thereto, is incorporated by reference in this DUA as if set out word-for-word herein. ARTICLE 6. GENERAL PROVISIONS 6.01 Oversight of Confidential Information CONTRACTOR acknowledges and agrees that HHS is entitled to oversee and monitor CONTRACTOR's access to and creation, receipt, maintenance, use, disclosure of the Confidential Information to confirm that CONTRACTOR is in compliance with this DUA. 6.02 HHS Commitment and Obligations HHS will not request CONTRACTOR to create, maintain, transmit, use or disclose PHI in any manner that would not be permissible under applicable law if done by HHS. 6.03 HHS Right to Inspection At any time upon reasonable notice to CONTRACTOR, or if HHS determines that CONTRACTOR has violated this DUA, HHS, directly or through its agent, will have the right to inspect the facilities, systems, books and records of CONTRACTOR to monitor compliance with this DUA. For purposes of this subsection, HHS's agent(s) include, without limitation, the HHS Office of the Inspector General or the Office of the Attorney General of Texas, outside consultants or legal counsel or other designee. 6.04 Term; Termination of DUA; Survival This DUA will be effective on the date on which CONTRACTOR executes the DUA, and will terminate upon termination of the Base Contract and as set forth herein. If the Base Contract is extended or amended, this DUA shall be extended or amended concurrent with such extension or amendment. (A) HHS may immediately terminate this DUA and Base Contract upon a material violation of this DUA. (B) Termination or Expiration of this DUA will not relieve CONTRACTOR of its obligation to return or Destroy the Confidential Information as set forth in this DUA and to continue to safeguard the Confidential Information until such time as determined by HHS. (C) If HHS determines that CONTRACTOR has violated a material term of this DUA; HHS may in its sole discretion: HHS Data Use Agreement 071015HIPAA Omnibus Compliant October, 2015 TACCHO VERSION Page 12 of 15 (1) Exercise any of its rights including but not limited to reports, access and inspection under this DUA and/or the Base Contract; or (2) Require CONTRACTOR to submit to a Corrective Action Plan, including a plan for monitoring and plan for reporting, as HHS may determine necessary to maintain compliance with this DUA; or (3) Provide CONTRACTOR with a reasonable period to cure the violation as determined by HHS; or (4) Terminate the DUA and Base Contract immediately, and seek relief in a court of competent jurisdiction in Texas. Before exercising any of these options, HHS will provide written notice to CONTRACTOR describing the violation, the requested corrective action CONTRACTOR may take to cure the alleged violation, and the action HHS intends to take if the alleged violated is not timely cured by CONTRACTOR. (D) If neither termination nor cure is feasible, HHS shall report the violation to the Secretary of the U.S. Department of Health and Human Services. (E) The duties of CONTRACTOR or its Subcontractor under this DUA survive the expiration. or termination of this DUA until all the Confidential Information is Destroyed or returned to HHS, as required by this DUA. 6.05 Governing Law, Venue and Litigation (A) The validity, construction and performance of this DUA and the legal relations among the Parties to this DUA will be governed by and construed in accordance with the laws of the State of Texas. (B) The Parties agree that the courts of Texas,.will be the exclusive venue for any litigation, special proceeding or other proceeding as between the parties that may be brought, or arise out of, or in connection with, or by reason of this DUA. 6.06 Injunctive Relief (A) CONTRACTOR acknowledges and agrees that HHS may suffer irreparable injury if CONTRACTOR or its Subcontractor fails to comply with any of the terms of this DUA with respect to the Confidential Information or a provision of HIPAA or other laws or regulations applicable to Confidential Information. (B) CONTRACTOR further agrees that monetary damages may be inadequate to compensate HHS for CONTRACTOR's or its Subcontractor's failure to comply. Accordingly, CONTRACTOR agrees that HHS will, in addition to any other remedies available to it at law or in equity, be entitled to seek injunctive relief without posting a bond and without the necessity of demonstrating actual damages, to enforce the terms of this DUA. HHS Data Use Agreement 071015HIPAA Omnibus Compliant October, 2015 TACCHO VERSION Page 13 of 15 6.07 Responsibility. To the extent permitted by the Texas Constitution, laws and rules, and without waiving any immunities or defenses available to CONTRACTOR as a governmental entity, CONTRACTOR shall be solely responsible for its own acts and omissions and the acts and omissions of its employees, directors, officers, Subcontractors and agents. HHS shall be solely responsible for its own acts and omissions. 6.08 Insurance (A) As a governmental entity, and in accordance with the limits of the Texas Tort Claims Act, Chapter 101 of the Texas Civil Practice and Remedies Code, CONTRACTOR either maintains commercial insurance or self -insures with policy limits in an amount sufficient to cover CONTRACTOR's liability arising under this DUA. CONTRACTOR will request that HHS be named as an additional insured. HHSC reserves the right to consider alternative means for CONTRACTOR to satisfy CONTRACTOR's financial responsibility under this DUA. Nothing herein shall relieve CONTRACTOR of its financial obligations set forth in this DUA if CONTRACTOR fails to maintain insurance. (B) CONTRACTOR will provide HHS with written proof that required insurance coverage is in effect, at the request of HHS. 6.08 Fees and Costs Except as otherwise specified in this DUA or the Base Contract, if any legal action or other proceeding is brought for the enforcement of this DUA, or because of an alleged dispute, contract violation, Event, Breach, default, misrepresentation, or injunctive action, in connection with any of the provisions of this DUA, each party will bear their own legal expenses and the other cost incurred in that action or proceeding. 6.09 Entirety of the Contract This DUA is incorporated by reference into the Base Contract as an amendment thereto and, together with the Base Contract, constitutes the entire agreement between the parties. No change, waiver, or discharge of obligations arising under those documents will be valid unless in writing and executed by the party against whom such change, waiver, or discharge is sought to be enforced. If any provision of the Base Contract, including any General Provisions or Uniform Terms and Conditions, conflicts with this DUA, this DUA controls. 6.10 Automatic Amendment and Interpretation If there is (i) a change in any law, regulation or rule, state or federal, applicable to HIPPA and/or Confidential Information, or (ii) any change in the judicial or administrative interpretation of any such law, regulation or rule„ upon the effective date of such change, this DUA shall be deemed to have been automatically amended, interpreted and read so that the obligations imposed on HHS and/or CONTRACTOR remain in compliance with such changes. Any ambiguity in this DUA will HITS Data Use Agreement 071015HIPAA Omnibus Compliant October, 2015 TACCHO VERSION Page 14 of 15 be resolved in favor of a meaning that permits HHS and CONTRACTOR to comply with HIPAA or any other law applicable to Confidential Information. HHS Data Use Agreement 071015HIPAA Omnibus Compliant October, 2015 TACCHO VERSION Page 15 of 15 J BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: July 9, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a Memorandum of Understanding with Beaumont Preservation Partners, LLC. BACKGROUND Beaumont Preservation Partners, LLC owns the parking lot across from the Jefferson Theatre. The MOU will allow the City of Beaumont to utilize the parking lot, after hours and on weekends, for patron parking. The MOU is attached for your review. 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 Memorandum of Understanding between the City of Beaumont and Beaumont Preservation Partners, LLC for utilization of the parking lot across from the Jefferson Theatre, after hours and on weekends, for patron parking. Said Memorandum of `Understanding 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 9th day of July, 2019. - Mayor Becky Ames - 77I11 kVA UA.rD TEXAS MEMORANDUM OF UNDERSTANDING This agreement between the BEAUMONT PRESERVATION PARTNERS, LLC, of the County of Jefferson, State of Texas, hereinafter called "Owner", and the City of Beaumont, Texas, acting by and through its duly authorized Agent, hereinafter called "City", witnesseth: CITY and the OWNER above recited have reached an agreement wherein the OWNER is to authorize the CITY to occupy the parking lot described as follows: All of Lots 208 to Lots 210, Lots 215 to Lots 217 and Lot 219, Block 41, Original Town of Beaumont Addition, in the City of Beaumont, Jefferson County, Texas (right of 505 Orleans Street — Exhibit A) The consideration and conditions of agreement are fully listed and stated below: 1. The CITY will occupy the parking lot after working hours and on weekends. 2. The CITY will clean up after each use. 3. The CITY will provide security when occupying parking lot. .4. The CITY will allow use of a lift truck to replace light bulbs on the parking lot. 5. The CITY will assist with light ground maintenance at the City's discretion. 6. The CITY will repair pot holes, asphalt overlay, and restripe at City's discretion. IT IS FURTHER AGREED THAT ALL TERMS AND CONDITIONS OF AGREEMENT ARE FULLY STATED HEREIN AND NO VERBAL AGREEMENTS ARE AUTHORIZED. This agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less than thirty (30) days prior to the termination date, therein specified. This agreement is neither assignable nor transferable except in conjunction with, and as part of, Owner's conveyance of all the abutting property this agreement serves, through probate or warranty deed or lease. In any such event, City shall be notified of such occurrence by being delivered a copy of the document or documents conveying or leasing the same. Any notice to City shall be sufficient if it is mailed or hand delivered to the City Manager, City of Beaumont, P. O. Box 3827, Beaumont, Texas 77704. Any notice to Owner or their successors shall be sufficient if mailed or hand delivered to Beaumont Preservation Partners, LLC, 505 Orleans, Suite 400, Beaumont, Texas 77701. EXHIBIT "A" {INTENTIONALLY LEFT BLANK} IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the day of , 2019. CITY OF BEAUMONT BEAUMONT PRESERVATION PARTNERS, LLC By: By: Kyle Hayes City Manager Printed Name: Title: K BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: July 9, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a Memorandum of Understanding with Orleans San Jacinto LP. BACKGROUND Orleans San Jacinto, LP owns the parking lot to the east of the Jefferson Theatre. The MOU will allow the City of Beaumont to utilize the parking lot, after hours and on weekends, for patron parking. The MOU is attached for your review. 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 Memorandum of Understanding between the City of Beaumont and Orleans San Jacinto, LP for utilization of the parking lot east of the Jefferson Theatre, after hours and on weekends, for patron parking. Said Memorandum of Understanding 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 9th day of July, 2019. - Mayor Becky Ames - BEAUMONT TEXAS MEMORANDUM OF UNDERSTANDING This agreement between the ORLEANS SAN JACINTO, LP, of the County of Jefferson, State of Texas, hereinafter called "Owner'% and the City of Beaumont, Texas, acting by and through its duly authorized Agent, hereinafter called "City", witnesseth: CITY and the OWNER above recited have reached an agreement wherein the OWNER is to authorize the CITY to occupy the parking lot described as follows: East 35.43' of Lot 204, all of Lot 205 and the North 30' x95.43' of Lot 207, Block 40, Original Town of Beaumont Addition, in the City of Beaumont, Jefferson County, Texas (600-612 Pearl) The consideration and conditions of agreement are fully listed and stated below: 1. The CITY will occupy the parking lot after working hours and on weekends. 2. The CITY will clean up after each use. 3. The CITY will provide security when occupying parking lot. 4. The CITY will allow use of a lift truck to replace light bulbs on the parking lot. 5. The CITY will assist with light ground maintenance at the City's discretion. 6. The CITY will repair pot holes, asphalt overlay, and restripe at City's discretion. IT IS FURTHER AGREED THAT ALL TERMS AND CONDITIONS OF AGREEMENT ARE FULLY STATED HEREIN AND NO VERBAL AGREEMENTS ARE AUTHORIZED. This agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less than thirty (30) days prior to the termination date, therein specified. This agreement is neither assignable nor transferable except in conjunction with, and as part of, Owner's conveyance of all the abutting property this agreement serves, through probate or warranty deed or lease. In any such event, City shall be notified of such occurrence by being delivered a copy of the document or documents conveying or leasing the same. Any notice to City shall be sufficient if it is mailed or hand delivered to the City Manager, City of Beaumont, P. O. Box 3827, Beaumont, Texas 77704. Any notice to Owner or their successors shall be sufficient if mailed or hand delivered to Orleans San Jacinto, LP, 595 Orleans Street, Suite 1510, Beaumont, Texas 77701. EXHIBIT "A" {INTENTIONALLY LEFT BLANK} IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the day of , 2019. CITY OF BEAUMONT ORLEANS SAN JACINTO, LP an am Kyle Hayes City Manager Printed Name: Title: BEAUMONT TO: FROM: PREPARED BY: MEETING DATE: City Council Kyle Hayes, City Manager James Singletary, Chief of Police July 9, 2019 �f�f L REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an agreement with the South East Texas Regional Planning Commission (SETRPC) regarding the Region 9-1-1 System. BACKGROUND The Police 911 Operations Unit currently serves as the primary Public Safety Answering Point (PSAP) for the City with the Fire Communications Unit serving as an alternate to answer calls to emergency telephone numbers for first response agencies. The SETRPC has developed an Interlocal Agreement (ILA) with the City that meets the State of Texas' requirements of the program and system accountability regarding maintenance, equipment upgrade, and training associated with the 911 program. This ILA replaces the current two-year contract that expires on August 31, 2019. There are no changes in content. FUNDING SOURCE Not applicable. 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 two (2) year Interlocal Contract between the City of Beaumont and South East Texas Regional Planning Commission (SETRPC) relating to the planning, development, operation and provision of 9-1-1 services and the use of 9-1-1 funds. The Interlocal Contract 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 9th day of July, 2019. - Mayor Becky Ames - SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION 9-1-1 EMERGENCY COMMUNICATIONS INTERLOCAL CONTRACT RELATING TO THE PLANNING, DEVELOPMENT, OPERATION AND PROVISION OF 9-1-1 SERVICE AND THE USE OF 9-1-1 FUNDS This Contract is entered into between the South East Texas Regional Planning Commission and the City of Beaumont, Texas EXHIBIT "A" South East Texas Regional Planning Commission INTERLOCAL CONTRACT FOR PLANNING, DEVELOPMENT, OPERATION AND PROVISION OF 9-1-1 SERVICE AND USE OF 9-1-1 FUNDS Parties and purpose 1.1 The South East Texas Regional Planning Commission (SETRPC) is a regional planning commission and political subdivision of the State of Texas organized and operating under the Texas Regional Planning Act of 1965, as amended, Chapter 391 of the Local Government Code. SETPRC has developed a Strategic Plan for.the administration and operation of 9-1-1 emergency telephone service in Hardin, Jefferson and Orange counties. The Commission on State Emergency Communications (CSEC) has approved SETRPC's current strategic plan. 1.2 The City of Beaumont, Texas (Public Agency) is a Texas municipality that operates one or more Public Safety Answering Points (PSAP),that assist in implementing the Strategic Plan as authorized by Chapter 771 of the Health and Safety Code. The address of the PSAP locations are 700 Orleans Street and 4,00 Walnut Street, Beaumont, Texas. 1.3 This contract is entered into between SETRPC and Public Agency under Chapter 791 of the Government Code. This contract relates to the planning, development, operation and provision of 9-1-1 service, the use of 9-1-1 funds, and adherence to applicable law. Goods and Services 2.1 Public Agency agrees to: (1) cooperate with SETRPC in acquiring and installing necessary equipment for the 9-1-1 system; (2) comply with applicable provisions of the Uniform Grant Management Standards, as established by the Governor's Office of Budget and Planning, under the authority of Chapter 783 of the Texas Government Code. (3) comply with the Uniform Grant Management Standards, applicable law, and SETRPC policies, as outlined in Section 3 of this contract, related to ownership, transfer of ownership, and /.or control of equipment acquired with. 9-1-1 funds in connection with providing 9-1-1 service; (4) abide by all rules, regulations, performance training standards, etc. adopted by SETRPC and CSEC or Its successor agency; (5) purchase supplies such as printer paper, printer ribbons, cleaning materials, etc. necessary for the continuous operation of PSAP(s); (6) secure the premises of PSAP(s) against unauthorized entrance and protect the 9-1-1 equipment from unauthorized use and ensure sufficient controls and security exists by which to protect and safeguard the 9-1-1 equipment against loss, damage or theft. (7) practice preventive maintenance for the 9-1-1 equipment, including at a minimum, testing emergency power generators periodically, and ensuring that all equipment is working properly; (8) participate in emergency communications training for call - takers/ dispatchers as -scheduled and provided by SETRPC; (9) complete such reports and other documentation as may be reasonably required by CSEC, the PSAPs, SETRPC, or the service provider. (10) assign and maintain a list of authorized users who gather information, as part of the regular course of business, from the regional 9-1-1 recorder. E 9-1-1 Equipment Purchasing and Leasing 3.1 (a) SETRPC hereby agrees to provide services and equipment, whether purchased or leased, for Public Agency including all non-recurring and monthly recurring charges for equipment and network charges as approved by the CSEC. SETRPC also agrees to provide for repairs, updates to and replacement of equipment as deemed necessary by SETRPC and as approved by the CSEC. (b) All leased equipment remains the sole property of the lessor. 3.2 Except as noted in paragraph 3.6, SETRPC owns all 9-1-1 equipment purchased on behalf of Public Agency with emergency service fees. Public Agency is licensed to use the 9- 1-1 equipment in providing enhanced 9-1-1 emergency telephone services. 3.3 Public Agency agrees to notify SETRPC in writing before encumbering, transferring, or otherwise disposing of the 9-1-1 equipment. Further, upon the installation of any additional equipment or software by SETRPC, Public Agency agrees to comply with the provisions of Exhibit "A" attached hereto and incorporated herein as referenced. 3.4 Public Agency agrees that SETRPC is responsible for maintenance, support, and initial purchase of the regional 9-1-1 recorder and does not maintain official control of any of the recordings on said recorder. 3.5 Public Agency acknowledges that SETRPC representatives will visit Public Agency on a regular basis to monitor functionality and use of all equipment associated with 9-1-1 call handling and processing and on an annual basis to conduct a physical inventory of all said equipment. 3.6 Paragraphs 3.1, 3.2, 3.3 and 3.4 survive the expiration or early termination of this contract and continue in effect so long as Public Agency uses the 9-1-1 equipment. 3.7 When 9-1-1 equipment is purchased with a combination of monies from Public Agency and emergency service fees, SETRPC may elect to transfer ownership of said equipment to Public Agency. SETRPC will provide Public Agency with a "Certification of Purchase by City/County/Agency Transfer of Ownership" document outlining the responsibilities of Public Agency. Those responsibilities include, but are not limited to, maintenance of equipment and ensuring equipment is fully functional at all times. 3.8 SETRPC will provide 9-1-1 funds to Public Agency and/or PSAP(s) on a reimbursement basis using a monitoring process that provides assurances that the reimbursement requests from the Public Agency and/or PSAP(s) are complete, accurate and appropriate. Effective Date and Term of Contract 4.1 The term of this contract shall be two years, effective on September 1, 2019 and shall terminate on August 31, 2021. Independent Contractor 5.1 Public Agency is not an employee or agent of SETRPC, but furnishes services under this contract solely as an independent contractor. Assignment and Subcontracting 6.1 Public Agency may not assign its rights or subcontract its duties under this contract without the prior written consent of SETRPC. An attempted assignment or subcontract in violation of this paragraph is void. 6.2 If SETRPC consents to subcontracting, each subcontract is subject to all of the terms and conditions of this contract, and Public Agency agrees to furnish a copy of this contract to each of its subcontractors. Records 7.1 Public Agency agrees to assist SETRPC, where applicable, in maintaining a current inventory of all 9-1-1 equipment, consistent with the Uniform Grant Management Standards and applicable federal and state law. 7.2 Public Agency and PSAP(s) agree to comply with SETRPC requirements for documenting and reporting 9-1-1 data base errors and ANI/All problems. 7.3 Public Agency and PSAP(s) agree to maintain, consistent with Uniform Grant Management Standards and applicable federal and state law, adequate fiscal records and supporting documentation for all 9-1-1 funds reimbursed to Public Agency and PSAP(s) and all 9-1-1 funds spent by Public Agency and PSAP(s). 7.4 Subject to the additional requirement of paragraph 7.5, Public Agency agrees to preserve records, at a minimum, for three years. 7.5 If an audit of or information in the records is disputed or the subject of litigation, Public Agency agrees to preserve the records until the dispute or litigation is finally concluded, regardless of the expiration or early termination of this contract. 7.6 SETRPC is entitled to inspect and copy, during normal business hours at Public Agency's offices where they are maintained, the records maintained under this contract for as long as they are preserved. 7.7 SETRPC is also entitled to visit Public Agency's offices, talk to its personnel, monitor and inventory equipment, and audit its records, all during normal business hours, to assist in evaluating its performance under this contract. 7.8 SETRPC, CSEC, the Texas State Auditor, and/or their duly authorized representatives, shall have access to and the right to examine all books, accounts, records, files, and /or other papers, or property pertaining to the 9-1-1 service, belonging to or in use by the Public Agency, PSAP(s), or by any other entity that has performed or will perform addressing or addressing data base maintenance activities. Nondiscrimination and Equal Opportunity 8.1 Public Agency shall not exclude anyone from participating under this contract, deny anyone benefits under this contract, or otherwise unlawfully discriminate against anyone in carrying out this contract because of race, color, religion, sex, age, disability, handicap, or national origin. Dispute Resolution 9.1 The parties desire to resolve disputes arising under this contract without litigation. Accordingly, if a dispute arises, the parties agree to attempt in good faith to resolve the dispute between themselves. To this end, the parties agree not to sue one another, except to enforce compliance with paragraphs 9.1-9.3, until they have exhausted the procedures set out in these paragraphs. 9.2 At the written request of either party, each party shall appoint one nonlawyer representative to negotiate informally and in good faith to resolve any dispute arising under this contract. The representatives appointed shall determine the location, format, frequency, and duration of the negotiations.. 9.3 if the representatives cannot resolve the dispute within 30 calendar days after the first negotiation meeting, the parties agree to refer the dispute to the Dispute Resolution Center of Jefferson County for mediation in accordance with the Center's mediation procedures by a single mediator assigned by the Center. Each party shall pay half the cost of the Center's mediation services. 9.4 The parties agree to continue performing their duties under this contract, which are unaffected by the dispute, during the negotiation and mediation process. Suspension for Unavailability of Funds; Withholding, Decrease or Reimbursement of Funds Due to Non-compliance 10.1 - Public Agency acknowledges that SETRPC's sole source of funding for this contract is 9-1-1 emergency service fees. In the event that; (1) SETRPC's approved budget and/or appropriations to CSEC from the Texas Legislature do not permit or otherwise appropriate funds for reimbursement to Public Agency provided for in this Agreement, and (2) Such lack of permission or non -appropriation shall not have resulted from any act or failure to act on the part of SETRPC, and (3) SETRPC has exhausted all funds legally available for reimbursement to Public Agency, and no other legal procedures shall exist whereby payment hereunder can be made to Public Agency; and (4) SETRPC has negotiated in good faith with Public Agency to develop an alternative payment schedule or new agreement that will accommodate SETRPC's approved budget and/or appropriations for the applicable period, then SETRPC will not be obligated to reimburse Public Agency for the applicable budget year(s). 10.2 Public Agency acknowledges that SETRPC may withhold, decrease or seek reimbursement of 9-1-1 funds in the event such funds are or were used in non-compliance with applicable federal or state law. Further, Public Agency and PSAP(s) shall return or reimburse SETRPC and/or CSEC, as applicable, any 9-1-1 funds used in non-compliance with applicable law. Such return or reimbursement of 9-1-1 funds to SETRPC and/or the CSEC, as applicable, shall be made by the Public Agency or PSAP(s) within sixty (60) days after demand by SETRPC, unless an alternative repayment plan is approved by SETRPC and CSEC. Termination for Convenience 11.1 Either party may terminate this contract in its entirety for convenience by giving the other notice of intent to terminate. After the notice is received, the parties shall negotiate in good faith the terms and effective date of the termination. In any event, however, this contract terminates 60 calendar days after a party receives the notice of termination. Notice to Parties 12.1 Notice to be effective under this contract must be in writing and received by the party against whom it is to operate. Notice is received by a party; (1) when it is delivered to the party personally; (2) when a party receives a facsimile of the notice, as confirmed by the sender's facsimile machine; (3) on the date shown on the return receipt if mailed by registered or certified mail, return receipt requested, to the party's address specified in paragraph 12.2 and signed on behalf of the party; or (4) three business days after its deposit in the United States mail, with first-class postage affixed, addressed to the party's address specified in paragraph 12.2. 12.2 SETPRC's address is 2210 Eastex Freeway, Beaumont, Texas 77703 Attention: 9-1-1 Director. SETRPC's telephone number is (409) 724-1911, and its facsimile number is (409) 347-1953. Public Agency's Primary PSAP (9-1-1 Operations Center) is located at 700 Orleans Street, Beaumont, Texas 77701 Attention: 9-1-1 Operations Supervisor/ Designee. Public Agency's telephone number is 409-980=7275, and its facsimile number is 409 -980 -7224. - Public Agency's Secondary PSAP (Beaumont Fire Headquarters) is located at 400 Walnut Street, Beaumont, Texas 77701 Attention: Logistics Services Branch Director/ Designee. Public Agency's telephone number is 409-880-3901, and its facsimile number is 409-833-5166. 12.3 Public Agency agrees to notify SETRPC of a change of address or contact information by providing notice of the change in accordance with paragraph 12.1. Further Agreements; Miscellaneous 13.1 By their respective signatures below, SETRPC, Public Agency, and PSAP(s) , as applicable, commit to continue providing 9-1-1 services as a condition of the receipt of 9-1-1 funds as prescribed by the SETRPC Strategic Plan. 13.2 Each individual signing this contract on behalf of a party warrants that he or she is legally authorized to do so and that such party is legally authorized to perform the obligations undertaken. 13.3 This contract states the entire agreement of the parties, and an amendment to this contract is not effective unless in writing and signed by all parties. 13.4 This contract Is binding on and inures to the benefit of the parties' successors in interest. 13.5 This contract is executed in duplicate originals. CITY OF: BEAUMONT SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION Signature Signature c Printed Name: Kyle Hayes Printed Name: Shanna Burke Title: City Manager Title: Executive Director Date: Date: O��ee /do II 8 EXHIBIT A PSAP RULES REGARDING 9-1-1 EQUIPMENT 1. Only the designated Dispatch Supervisor or other designated supervisor is to have the administrative password or security code for the 9-1-1 computer equipment. 2. No unauthorized software is to be loaded onto the 9-1-1 system. 3. No unauthorized personnel are to service or repair the 9-1-1 system components. 4. No unauthorized personnel are to use the 9-1-1 system. 5. PSAP personnel are responsible for reporting any hardware or software problems to the appropriate service provider and/or SETRPC within a reasonable period from the time the problem is first detected. 6. Public Agency and PSAP(s) shall be liable for expenses incurred by the SETRPC in repairing or replacing software or hardware that must be replaced due to abuse or negligence or as a direct result of any violation of the rules stated herein. 7. Public Agency and PSAP(s) will not be held monetarily liable for costs incurred for items that are covered by warranty, or if they are the result of an incident over which they have no control (i.e. lightning, water as a result of flooding, power failure, etc.) 8. Failure to abide by these rules may result in the SETRPC terminating this agreement and not placing a PSAP at that location. B-EAUM,ONT TEXAS , REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JULY 9, 2019 1:30 PM AGENDA :N\_N 19LIX1314-13-NIq * Invocation Pledge Roll Call * Presentations and Recognitions * Public Comment: Persons may speak on scheduled agenda items 1-3/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider an ordinance amending the FY 2019 Budget 2. Consider approving a resolution authorizing the City Manager to award a contract .to ALLCO, LLC, for the 11th Street Resurfacing Project (IH -10 to Delaware Street) 3. Consider approving a resolution adopting revised Requirements for Speakers and Others in Meetings of the Beaumont City Council and Commission Meetings COMMENTS * Public Comment (Persons are limited to 3 minutes) * Councilmembers/City Manager comment on various matters EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: James Mathews vs. City of Beaumont, Texas; Cause No. A-192,887 * Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit: A portion of the parking lot north of 701 Main Street (Civic Center) 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 July 9, 2019 Consider an ordinance amending the FY 2019 Budget TEXAS J TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer L-4 MEETING DATE: July 9, 2019 REQUESTED ACTION: Council consider an ordinance amending the FY 2019 Budget. BACKGROUND In accordance with Article VI of the City Charter, the City Manager shall strictly enforce the provisions of the budget as specified in the ordinance adopting the budget. He shall not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget, and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. Approving the proposed amendments will ensure that expenditures are within the approved budget and that interfund transfers are in accordance with financial policies as approved within the budget document. The details of the proposed amendment are as follows: 1. The Capital Reserve Fund charges user fees to the departments that purchase fleet vehicles but relies on transfers from other funds to purchase equipment and building improvements through this fund. On June 11, 2019, a workshop was held with City Council to discuss several projects which were not included in the FY 2019 Budget. A transfer from the General Fund in the amount of $1,913,000 is being proposed this fiscal year in order to fund those projects. Project details are attached. 2. The Ike Recovery Fund was established.to account for Hurricane Ike recovery costs and FEMA/other related reimbursements: As discussed in a workshop with City Council on June 11, 2019, it is recommended to close this fund and transfer all remaining funds -to the Capital Reserve Fund for future capital purchases. This fund has been kept active until FEMA related reimbursements have been audited, approved and no longer subject to deobligation. Staff has been informed that all costs have been audited and no net funds are expected to be subject to refund. Remaining funds in the amount of $1,684,688 will be transferred. Since the original budget appropriated an amount of $1,659,003, a budget amendment in the amount of $25,685 is required to appropriate the remaining balance of the transfer. Ike Recovery Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $1,659,003 $25,685 $1,684,68,.8 Total Expenditures $5,548,400 $1,913,000 $7,461,400 General Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $126,717,700 $1,913,000 $128,630,700 Total Expenditures $5,548,400 $1,913,000 $7,461,400 Capital Reserve Fund Original Budget Proposed Amendment Amended Budget Total Revenues $2,775,300 $3,597,688 $6,372,988 Total Expenditures $5,548,400 $1,913,000 $7,461,400 FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. Project Details for Budget Amendment 1 Estimated Cost Demolition of the former Fire Station on College $ 96,000 Welcome to Beaumont Sign on Interstate 10 50,000 Restrooms near the Rotary Playground 163,000 Pothole Machine 140,000 CityWorks Software 353,000 13 new outdoor kennels at the Animal Care Facility 62,000 Promised private donations to help cover costs (31,000) City Hall First Floor Restroom Renovations 80,000 Parking lot improvements at the Fleet Operations Center 1,000,000 $ 1,913,000 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2019 TO APPROPRIATE ADDITIONAL EXPENDITURES IN THE IKE RECOVERY, GENERAL AND CAPITAL RESERVE FUNDS; TO APPROPRIATE ADDITIONAL REVENUES IN THE CAPITAL RESERVE FUND; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS, the City Charter of the City of Beaumont requires the City Manager to strictly enforce the provisions of the budget and not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred; and, WHEREAS, it is necessary to amend the FY 2019 budget to ensure that appropriations are sufficient to ensure that expenditures are authorized within the approved budget; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2018 through September 30, 2019, be and the same is hereby amended to appropriate additional revenues and expenditures in the Ike Recovery Fund as shown below: Ike Recovery Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $1,659,003 $25,685 $1,684,688 Rartinn 7 THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2018 through September 30, 2019, be and the same is hereby amended to appropriate additional expenditures in the General Fund as shown below: General Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $126,717,700 $1,913,000 $128,630,700 Section 3. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2018 through September 30, 2019, be and the same is hereby amended to appropriate additional revenues and expenditures in the Capital Reserve Fund as shown below: Capital Reserve Fund Original Budget Proposed Amendment Amended Budget Total Revenues $2,775,300 $3,597,688 $6,372,988 Total Expenditures 1 $5,548,400 $1,913,000 $7,461,400 Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance and, to such end, the various portions and provisions of this ordinance are declared to be severable. Section 5. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government .Code, Chapter 551. PASSED BY THE CITY COUNCIL. of the City of Beaumont this the 9th day of July, 2019. - Mayor Becky Ames - July 9, 2019 Consider approving a resolution authorizing the City Manager to award a contract to ALLCO, LLC, for the 1 lth Street Resurfacing Project (IH -10 to Delaware Street) BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: July 9, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a contract to ALLCO, LLC, of Beaumont, for the 11th Street Resurfacing Project (IH -10 to Delaware Street). BACKGROUND On September 11, 2018, by Resolution No. 18-220, City Council authorized the City Manager to execute an Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the 1 lth Street Resurfacing Project. 11th Street is a highly traveled five (5) lane roadway that requires concrete repair and asphalt resurfacing. On June 20, 2019, two (2) bids were received for furnishing all labor, materials, and equipment for the project. The bid totals are indicated in the table below: Contractor Location Base Bid Amount 01dcastle Materials Texas, Inc., dba Gulf Coast a CRH Company Beaumont, TX $1,552,066.30 ALLCO, LLC Beaumont, TX $1,416,203.00 Engineer's Estimate $1,280,000.00 The Public Works Engineering Staff recommends this project be awarded to the lowest bidder, ALLCO, LLC, in the amount of $1,416,203.00. A total of 130 working days are allocated for completion of the project. FUNDING SOURCE Department of Transportation Federal Highway Administration in the amount of $1,001,475.00 with the remaining $414,728.00 from the Capital Program. RECOMMENDATION Approval of the resolution. CSJ NO: 0920-38-260 BID TAB PW1019-01 For: City of Beaumont 11th Street Resurfacing Project Limits: IH -10 TO 200 FT NORTH OF DELAWARE STREET ALLCO, LLC GULF COAST ENGINEERS ESTIMATE Item No. Item Description Code Estimated Quantity Unit Unit Price Total Unit Price Total . Unit Price Total 100 6001 PREP ROW (UNIT COST IS SET AT $300.00 PER STA) 38 STA S 300.00 S 11,400.00 $ 45.00 $ 1,710.00 $ 300.00 $ 11,400.00 344 UPERPAVE MIXTURE JWMA 3"J [TY- A -A] (P 6063 76-22 NO SUBSTITUTE] [PLAN QTY] 25,250 SY $ 19.20 $ 484,800.00 $ 19.65 $ 496,162.50 $ 10.50 $ 265,125.00 354 LANE CONC PAV ( " T 1 ' TAPER) (PLAN TY) 1 6035 (UNIT COST IS SET AT $5.00 PER SY) 3,398 SY $ 5.00 $ 16,990.00 S 5.00 $ 16,990.00 $ 5.00 $ 16,990.00 354 PLANE ASPHALT CONCRETE PAVEMENT 6048 [PLAN QTY] 25,250 SY S 7.00 $ 176,750.00 $ 4.46 $ 112,615.00 $ 4.50 $ 113,625.00 361 6002 FULL - DEPTH CONCRETE REPAIR (8") 2,846 SY $ 180.00 S 512,280.00 $ 262.00 $ 745,652.00 $ 201.25 $ - 572,757.50 500 6001 MOBILIZATION (NOT TO EXCEED 3%) 1 LS S 39,500.00 $ 39,500.00 $ 80,310.00 $ 80,310.00 $ 35,139.00 $ 35,139.00 502 6001 Barricades, Signs, and Traffic Handling 6 MON $ 12,000.00 $ 72,000.00 $ 1,800.00 $ 10,800.00 $ 20,000.00 $ 120,000.00 666 Refl Pay Mrk Ty( 4 B ) 100 1 6003 SEALER REQUIRED) 1,870 LF $ 0.90 S 1,683.00 S 0.76 $ 1,421.20 S 1.00 $ 1,870.00 666 Bell Pay Mrk Ty I (WHITE) 4" (SLD) (100MIL) (NO 6012 SEALER REQUIRED) 6,900 LF S 0.80 S 5,520.00 S 0.66 $ 4,554.00 $ 2.00 S 13,800.00 666 e0 Pay Mrk Ty I ( 4 (100MIL) (NO 6120 SEALER REQUIRED) 1,480 LF S 0.90 $ 1,332.00 $ 0.80 $ 1,184.00 $ 1.00 S 1,480.00 666 Refl Pay Mrk T -y( 4" (SLD) l U 6126 SEALER REQUIRED) '" 7,035 LF $ 0.80 $ 5,628.00 $ 0.66 $ 4,643.10 S 1.00 $ 7,035.00 666 REFL PAV MRK TY I (WHITE) 8' ( LD) (100M1L) 6036 (NO SEALER REQUIRED) Soo LF $ 2.00 $ 1,000.00 $ 1.52 $ 760.00 $ 1.00 $ 500.00 666 Reil Pav Mrk Ty I (WHITE) 24' (SLD) (100MIL) (NO 6048 SEALER REQUIRED) 155 LF $ 18.00 $ 2,790.00 $ 15.10 $ 2,340.50 S 5.75 $ 891.25 668 6077 JPREFAB PAV MRK TY C (W) (ARROW) - 17 EA S 300.00 S 5,100.00 $ 251.00 $ 4,267.00 $ 100.00 $ 1,700.00 668 6085 JPREFAB PAV MRK TY C (W) (WORD) 7 EA $ 390.00 $ 2,730.00 $ 326.00 $ 2,282.00 $ 120.00 $ 840.00 713 6005 1 CLEANING AND SEALING JOINTS AND CRACKS (Cl29,500 LF $ 2.60 $ 76,700.00 1 $ 2.25 $ 66,375.00 $ 4.00 $ 118,000.00 BASE BID TOTAL $ 1,416,203.00 $ 1,552,066.30 $ 1,281,152.75 RESOLUTION NO. 18-220 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 Local Transportation Project Advanced Funding Agreement (LPAFA) with the Texas Department of Transportation (TxDOT) for the Eleventh Street Resurfacing Project. 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 11th day of September, 2018. RESOLUTION NO. WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, and equipment for the 11th Street Resurfacing Project. (IH -10 to Delaware Street); and, WHEREAS, ALLCO, LLC, of Beaumont, Texas, submitted a complete bid meeting specifications in the amount of $1,416,203.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by ALLCO, LLC, of Beaumont, Texas, is the lowest responsible bidder providing .the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, . THAT the City Council hereby approves the award of a contract to ALLCO, LLC, of Beaumont, Texas, in the amount of $1,416,203.00, for the 11th Street Resurfacing , Project (I1-1-10 to Delaware Street); and, BE IT FURTHER 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 'OUSI PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of July, 2019. - Mayor Becky Ames - 3 July 9, 2019 Consider approving a resolution adopting revised Requirements for Speakers and Others in Meetings of the Beaumont City Council and Commission Meetings BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: July 9, 2019 REQUESTED ACTION: Council consider a resolution adopting revised Requirements for Speakers and Others in Meetings of the Beaumont City Council and Commission Meetings. BACKGROUND In a Workshop conducted on June 24th, the Council discussed revisions to the Guidelines for Speakers and Others in Meetings of the Beaumont City Council and Commission Meetings. The revised requirements as attached are for your consideration. These revised requirements may be amended in any way the Council desires prior to their adoption. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council of the City of Beaumont hereby adopts the "Requirements for Speakers and Others in Meetings of Beaumont City Council and Commission Meetings' as shown on Exhibit "A" attached hereto 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 9th day of July, 2019. - Mayor Becky Ames - REQUIREMENTS FOR SPEAKERS AND OTHERS IN MEETINGS OF BEAUMONT CITY COUNCIL AND COMMISSION MEETINGS The purpose of the public comment period at the end of the Council business agenda is to allow persons to address the City Council on matters related to the business of the Citv. Such comments should be made in a spirit of civility and common courtesy. To that end, the Council has adopted these requirements for such comments. The requirements will be enforced by the person chairing the meeting. 1. Speakers may speak for a maximum of three minutes at the podium. We ask that speakers should refer to council members and employees by their title, e.g., Mr. or Mrs. and last name or by their title alone, e.g., City Manager or City Attorney. 2. Speakers shall not refer to local businesses or people by name. Reference to City departments, employees, or individuals must be by department name and/or title. 3. Clearly political speeches which advocate, support, or oppose candidates or parties are not appropriate. 4. Speakers and spectators shall not obstruct the view of another or in any other manner disturb or interfere with the orderly conduct of the meeting. Such actions may be a violation of Penal Code §42.05 which makes disruption of a lawful meeting a Class B misdemeanor. No person within the City Council Chambers shall speak or act in such a manner which has the effect of disrupting or interfering with the meeting. 5. Any police officer or other person assigned to provide security for the Council meeting shall advise any person who fails to comply with these requirements of his or her noncompliance. Any person who, after having been advised of his or her noncompliance, continues to violate these rules may be escorted by the security personnel from the Council chambers. A person who has been escorted from the Council meeting for rules violations shall lose the privilege of speaking at future City Council meetings for a period of ninety (90) days. 6. In accordance with the Open Meeting Laws of the State of Texas, the Council is prohibited from responding to speakers on unposted matters beyond providing specific, factual information or an explanation of current policy. Any discussion among the Council members concerning the public comments is limited to a proposal to place the item on a future agenda. EXHIBIT "A"