HomeMy WebLinkAbout10/06/2020 PACKETBEAUMONT
WORK SESSION MEETING OF THE CITY COUNCIL
LAKESIDE CENTER -1st FLOOR 150 MAGNOLIA ST.
TUESDAY, OCTOBER 6, 2020 8:00 AM
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
ITEMS TO REVIEW AND DISCUSS
* Selling the statue removed from Wiess Park
* The clean-up of properties owned by TxDOT and a possible "No Camping
Ordinance"
* Community Policing
Update on Riverfront Park Shoreline Stabilization
Update on New Pump Station and Transmission Line
* Proposed South Park Drainage Diversion. Project
Proposed use of approximately $850,000 of CDBG funds
COMMENTS
* Councilmembers/City Manager/City Attorney comment on various matters
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.
BEAUMONT
TEXAS
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS CITY HALL 801 MAIN STREET
TUESDAY, OCTOBER 6, 2020 1:30 PM
CONSENT AGENDA
* Approval of minutes — September 29, 2020
Confirmation of board and commission member appointments
A) Authorize compensation to the City Manager; City Attorney; City Clerk and Chief
Magistrate for contribution to a retirement account or program
B) Authorize a one year contract with the Art Museum of Southeast Texas
C) Authorize a one year contract with the Texas Energy Museum
D) Authorize a one year contract with BUILD, Inc., Beaumont Main Street
E) Authorize a one year contract with the Beaumont Heritage Society/John Jay French
Museum
F) Authorize a one year contract with the Southeast Texas Arts Council (SETAC)
G) Approve the sale of City owned property (left of 2146 Pecan Street)
H) -Authorize the City Manager, or his designee, to execute all documents necessary,
specifically a Memorandum of Understanding with the Garth House Mickey Mehaffy
Children's Advocacy Program, Inc.
I) Authorize the City Manager, or his designee, to execute an agreement with the DEA
(Drug Enforcement Agency)
J) Authorize the City Manager to enter into an Information Sharing Access Agreement with
the Federal Emergency Management Agency (FEMA)
E
BEAUMONT
TO: City Council
FROM: Kyle Hayes, City Manager
MEETING DATE: October 6, 2020
REQUESTED ACTION: Council consider a resolution authorizing compensation to the.
City Manager; City Attorney;. City Clerk and Chief Magistrate for
contribution to a retirement account or program.
BACKGROUND
The City of Beaumont would provide $25,000 to the City Manager and City Attorney and
$15,000 to the City Clerk and Chief Magistrate for the purposes stated above. These are the
same amounts that were approved by the City Council in 2019. All other allowances,
compensation, benefits, terms and conditions of employment with the City of Beaumont would
remain the same.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City of Beaumont would provide compensation in the amount of $25,000 to the
City Manager for contribution to a retirement account or program or other purpose of his
choice. All other allowances, compensation, benefits, terms and conditions of
employment with the City of Beaumont would remain the same; and,
BE IT FURTHER RESOLVED THAT the City of Beaumont would provide
compensation in the amount of $25,000 to the City Attorney for contribution to a retirement
account or program or other purpose of his choice. All other allowances, compensation,
benefits, terms and conditions of employment with the City of Beaumont would remain
the same; and,
BE IT ALSO RESOLVED THAT the City of Beaumont would provide compensation
in the amount of $15,000 to the City Clerk for contribution to a retirement account or
program or other purpose of her choice. All other allowances, compensation, benefits,
terms and conditions of employment with the City of Beaumont would remain the same;
and,
BE IT ALSO RESOLVED THAT the City of Beaumont would provide compensation
in the amount of $15,000 to the Chief Magistrate for contribution to a retirement account
or program or other purpose of his choice. All other allowances, compensation, benefits,
terms and conditions of employment with the City of Beaumont would remain the same;
and,
NOTWITHSTANDING the foregoing compensation, all other compensation,
allowances, benefits, terms and conditions of employment with the City of Beaumont shall
be pursuant to City policy and the Charter of the City of Beaumont, as with other civilian
employees.
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 6th day of
October, 2020.
- Mayor Becky Ames -
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: October 6, 2020
REQUESTED ACTION: Council consider a resolution authorizing a one year contract with
the Art. Museum of Southeast Texas in the amount of $180,000 for
FY 2021.
BACKGROUND
The City of Beaumont (City) and the Art Museum of Southeast Texas (AMSET) entered into a
lease agreement on December 30, 1986 whereby the City and AMSET agreed to a 99-year lease
on the land and building to be used as an art museum. The City supports AMSET with annual
allocations, major maintenance on the facility in accordance with the lease agreement, and
garbage removal. In return, AMSET is open to the general public and strives to provide
programs and services to the entire community.
FUNDING SOURCE
$80,000 from the Hotel Occupancy Tax Fund and $100,000 from the General Fund.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a one-year financial
assistance agreement, substantially in the form attached hereto as Exhibit "A," between
the Art Museum of Southeast Texas (AMSET) and the City of Beaumont in the amount of
$180,000.00 for FY 2021.
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 6th day of
October, 2020.
- Mayor Becky Ames -
AGREEMENT FOR THE OPERATION OF AN ART MUSEUM
WHEREAS, the Art Museum of Southeast Texas, a Texas non-profit corporation,
hereinafter referred to as "Museum", and the City of Beaumont, a municipal corporation
of the State of Texas, hereinafter referred to as "City", agree as follows:
1.
City hereby hires and engages Museum to operate an art museum open to the
public on the premises leased from the City and described in the lease between the
parties dated December 30, 1986 and made a part hereof for all purposes (herein "the
premises"). Museum agrees to accept such hiring and hereby agrees to operate such
art museum.
2.
This agreement shall be for a term of one year commencing October 1, 2020.
The City agrees to pay museum the sum of Forty -Five Thousand Dollars ($45,000) per
quarter. Of the total annual sum of One -Hundred Eighty Thousand ($180,000) Dollars,
Eighty Thousand ($80,000) Dollars will be derived from the Hotel Occupancy Tax
authorized by Tax Code Section 351.001 et.seq. which requires that such funds be
expended for arts and historical events or projects that directly enhance and promote
tourism and the convention and hotel industry.
3.
Expenditure of the Eighty Thousand ($80,000) Dollars from Hotel Occupancy Tax
(HOT) funds shall be related to the purposes established by Tax Code Section
351.101(a)(4).
EXHIBIT "A"
4.
Funding under this contract will require that should a seminar be held during the
term of this contract designed to assure that expenditures of Hotel Occupancy Tax
funds are made in compliance with the Act, a representative of the Museum will attend
the seminar.
The Museum shall submit quarterly reports in the format provided by the City
reflecting the activities of Museum as they relate to the HOT funds authorized in this
contract.
C�
City or Museum may terminate this Agreement for cause if either party defaults in
the performance of any covenant or condition of this Agreement. Prior to such
termination, City or Museum must provide the other party with written notice of such
default and if the party does not cure the default within fifteen (15) days after the giving
of notice the party giving such notice may terminate the Agreement by written notice.
7.
City shall allow Museum and its employees, volunteers, patrons and guests to
use fifty (50) designated parking spaces in the City owned parking lot lying .directly to
the east across Main Street from the premises during periods of use of the premises.
Otherwise such spaces may be used for City's Civic Center and theater event parking.
In addition, the City shall provide free parking for buses transporting school children to
the art museum. Said parking places to be as available and as directed by the City's
Civic Center director at a site convenient to the Museum. Parking spaces on the
premises shall be available for City's use during periods when the premises are not in
actual use.
The Museum agrees to indemnify, hold harmless and defend, at its own
expense, the City of Beaumont and its officers, agents, servants and employees, from
and against any and all claims, causes of action and damages of every kind arising out
of or in conjunction with the execution, performance attempted performance or non-
performance of this contract or from the operations and actions of the Art Museum of
Southeast Texas (AMSET), its officers, agents and employees and specifically including
herein any and all acts of negligence by the City of Beaumont, its agents, officers or
employees carried out under the terms of this agreement.
IN WITNESS, WHEREOF City and Museum have executed or caused to be
executed by their authorized officers or agents this Agreement on the day of
2020.
CITY OF BEAUMONT ART MUSEUM OF SOUTHEAST TEXAS
in
Kyle Hayes
City' Manager
ATTEST:
am
City Clerk
By: _
Name:
Title:
ATTEST:
By:
Name:
Title:
C
BEAUMONT
TEXAS
TO:
FROM:
PREPARED BY:
MEETING DATE:
REQUESTED ACTION:
City Council
Kyle Hayes, City Manager
Todd Simoneaux, Chief Financial Officer Al
October 6, 2020
Council consider a resolution authorizing a one year contract with
the Texas Energy Museum in the amount of $95,000 for FY 2021.
The City is entitled to utilize revenues derived from the hotel -motel occupancy tax for historic
preservation and the promotion of tourism. The Texas Energy Museum meets the above criteria
by highlighting the history, along with current developments, of the oil industry in the Southeast
Texas region.
FUNDING SOURCE
Hotel Occupancy Tax Fund.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a one-year financial
assistance agreement, substantially in the form attached hereto as Exhibit "A," between
the Texas Energy Museum and the City of Beaumont in the amount of $95,000.00 for FY
2021.
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 6th day of
October, 2020.
- Mayor Becky Ames -
STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT
This agreement between the City of Beaumont, a municipal corporation, herein
called "City", and the Texas Energy Museum, herein called "TEM", is as follows:
WITNESSETH:
WHEREAS, V.T.C.A., Tax Code Section 351.001 et.seq., authorizes the City to
levy by ordinance, a hotel tax which may not exceed seven percent (7%) of the
consideration paid by a hotel occupant; and
WHEREAS, V.T.C.A. Tax Code Section 351.101 (a)(5), authorizes the City to
use a portion of the revenues derived from its hotel occupancy tax for historical
restoration and preservation projects or activities or advertising and conducting
solicitation and promotional programs to encourage tourists and convention delegates
to visit preserved historic sites or museums at or in the immediate vicinity of convention
center facilities or located elsewhere in the municipality or its vicinity that would be
frequented by tourists; and, for projects that directly enhance and promote tourism and
convention activities.
WHEREAS, under the authority of V.T.C.A. Tax Code Section 351.101(a)(5), the
City desires to provide financial assistance to TEM.
NOW, THEREFORE, the City and TEM agree as follows:
1. City agrees to pay to TEM the amount of Ninety -Five Thousand ($95,000)
Dollars. The payment provided for herein will be made quarterly in the amount of
Twenty -Three Thousand Seven -Hundred ($23,750) Dollars per quarter commencing
October 1, 2020 from funds as available and collected from the hotel occupancy tax.
EXHIBIT "A"
Any funds not expended by TEM will be retained by TEM to be reallocated for
similar purposes by approval of City.
2. All expenditure of funds shall be reasonably related to the purposes
established by V.T.C.A. Tax Code Section 351.101(a)(5).
3. The TEM is an independent contractor and -is not an officer, agent or
employee of the City.
4. In return for the payments provided for herein, TEM agrees to operate for the
period October 1, 2020 to September 30, 2021.
5. The TEM shall submit quarterly reports in the format provided by the City
reflecting the activities of TEM as they relate to this contract. The TEM shall submit
such reports quarterly commencing January 15, 2021.
6. The City Manager of City or his designated representative shall, upon
reasonable notice, have the right to inspect all books and records of the TEM.
7. Upon termination of this agreement or any extension thereof, unless it be
renewed, the TEM shall deliver to the City all funds paid under this contract that it may
have and all removable personal property that may have been purchased with funds
derived from said tax.
8. Funding under this contract -will require that should a seminar be held during
the term of this contract designed to assure that expenditures of Hotel Occupancy Tax
funds are made in compliance with the Act, a representative of TEM will attend the
seminar.
9. TEM agrees to indemnify, save harmless, and defend the City of Beaumont
from any and all claims, causes of action and damages of every kind arising from the
operations of TEM, its officers, agents and employees, including the officers, agents,
and employees involved in TEM operation and specifically including herein any and all
acts of negligence by the City of Beaumont, its agents, officers or employees, carried
out under the terms of this agreement.
EXECUTED this the day of , 2020.
ATTEST:
is
City Clerk
ATTEST:
in
Name:
Title:
CITY OF BEAUMONT
in
Kyle Hayes
City Manager
TEXAS ENERGY MUSEUM, INC.
Name:
Title:
BEAUMONT
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: October 6, 2020
REQUESTED ACTION: Council consider a resolution authorizing a one year contract with
BUILD, Inc., Beaumont Main Street in the amount of $75,000 for
FY 2021.
BACKGROUND
The Beaumont Main Street program has established a partnership between public and private
sectors that is dedicated to the revitalization of Beaumont's Historic Central Business District.
The annual contribution from the City will be matched with other local funds and used to
promote downtown business development and retention.
FUNDING SOURCE
General Fund.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City -Manager be and he is hereby authorized to execute a one-year financial
assistance agreement, substantially in the form attached hereto as Exhibit "A," between
BUILD, Inc., Beaumont Main Street and the City of Beaumont in the amount of $75,000.00
for FY 2021.
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 6th day of
October, 2020.
- Mayor Becky Ames -
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This agreement is made and entered into by and between the City of Beaumont,
Texas, a municipal corporation of the State of Texas, hereinafter called "City", acting
herein by and through its duly authorized City Manager, and BUILD, Inc., Beaumont
Main Street, a non-profit corporation, hereinafter called "BUILD", acting herein by and
through its President.
WHEREAS, the City believes that economic development and downtown
revitalization are crucial to the continued economic success of City and believes that
BUILD should be retained to carry out a program of work on behalf of City to accomplish
these goals;
NOW, THEREFORE, in consideration of the mutual promises made herein, the
City and BUILD agree as follows:
STATEMENT OF WORK
City does hereby enter. into a contract with BUILD to provide a comprehensive
range of plans and .projects in Beaumont directed at economic development and
downtown revitalization by:
a) promoting the physical and social development, redevelopment and
economic well being of downtown Beaumont;
b) creating an environment in the downtown area which is conducive to
residential, commercial, employment, recreational and cultural -artistic revitalization;
c) attracting new employers;
EXHIBIT "A"
d) complying with .all provisions of the Contract for Services - Urban Main
Street program between BUILD and the Texas Historical Commission.
COMPENSATION
City hereby agrees to pay -to BUILD during the term of this agreement Seventy-
five Thousand Dollars ($75,000) from the City's General Fund. BUILD agrees to raise
at least Seventy -Five Thousand ($75,000) in additional funding from the private sector
to match the City's financial commitment.
DISBURSEMENT
Payment to BUILD will be made on a reimbursement basis and those payments
will be supported by proper verifiable documentation.
RECORDS AND REPORTS
BUILD shall submit quarterly reports in the format provided by the City reflecting
their activity as they relate to this contract. BUILD shall submit such reports quarterly
commencing January 15, 2021.
SUSPENSION AND TERMINATION
The term of this agreement will be October 1, 2020, through September 30,
2021. Suspension and/or termination may occur if BUILD fails to comply with any or all
provisions of this agreement or for convenience.
INDEPENDENT CONTRACTOR
BUILD is an independent contractor and is not an officer, agent, or employee of
the CITY.
ACCESSIBILITY OF RECORDS
The City retains the right to inspect and/or audit the records of BUILD, Inc. as
they consider necessary to assure compliance with this agreement.
LOSS, DAMAGE, PERSONAL INJURY
BUILD agrees to indemnify, hold harmless and defend, at its own expense, the
City of Beaumont and its officers, agents, servants and employees, from and against
any and all claims, causes of action and damages of every. kind arising out of or in
conjunction with the execution, performance attempted performance or non-
performance of this contract or from the operations and actions of BUILD, Inc., its
officers, agents and employees and specifically including herein any and all acts of
negligence by the City of Beaumont, its agents, officers or employees carried out under
the terms of this agreement.
EXECUTED this the day of 1 , 2020.
CITY OF BEAUMONT
Kyle Hayes
City Manager
ATTEST:
32
City Clerk
BUILD, INC.
BEAUMONT MAIN STREET
By:
Name:
Title:
ATTEST:
By:
Name:
Title;
E
BEAUMONT
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: October 6, 2020
REQUESTED ACTION: Council consider a resolution authorizing a one year contract with
the Beaumont Heritage Society/John Jay French Museum in the
amount of $47,000 for FY 2021.
BACKGROUND
The City of Beaumont is entitled to utilize revenues derived from the hotel -motel occupancy tax
for historic preservation and the promotion of tourism. John J. French, an early settler in
Beaumont, built the Greek Revival home which has been faithfully restored. The home contains
furniture and fixtures from the mid 19t' century and is a tourist attraction for our city.
FUNDING SOURCE - -
Hotel Occupancy Tax Fund.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a one-year financial
assistance agreement, substantially in the form attached hereto as Exhibit "A," between
the Beaumont Heritage Society/John Jay French Museum and the City of Beaumont in
the amount of $47,000.00 for FY 2021.
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 6th day of
October, 2020.
- Mayor Becky Ames —
STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT
This agreement between the City of Beaumont, a municipal corporation, herein
called "City", and the Beaumont Heritage Society operating the John J. French
Museum, herein called "Museum", is as follows:
WITNESSETH:
WHEREAS, V.T.C.A., Tax Code Section 351.001 et.seq., authorizes the City to
levy by ordinance, a hotel tax which may not exceed seven percent (7%) of the
consideration paid by a hotel occupant; and
WHEREAS, V.T.C.A. Tax Code Section 351.101 (a)(5), authorizes the City to
use a portion of the revenues derived from its hotel occupancy tax "for historical
restoration and preservation projects or activities or advertising and conducting
solicitation and promotional programs to encourage tourists and convention delegates
to visit preserved historic sites or museums at or in the immediate vicinity of convention
center facilities or located elsewhere in the municipality or its vicinity that would be
frequented by tourists; and,"
WHEREAS, under the authority of V.T.C.A. Tax Code Section 351.101(a)(5), the
City desires to provide financial assistance to Museum for historical restoration,
preservation, and tourism in Beaumont:
EXHIBIT "A"
NOW, THEREFORE, the City and Museum agree as follows:
1. City agrees to pay to Museum the amount of Forty -Seven Thousand
($47,000) Dollars. The payment provided for herein will be made quarterly in the
amount of Eleven Thousand Seven Hundred and Fifty Dollars ($11,750) per quarter
commencing October 1, 2020 from funds as available and collected from the hotel
occupancy tax.
Any funds not expended by Museum will be retained by Museum to be
reallocated for similar purposes by approval of City.
2. All expenditure of funds shall be reasonably related to the purposes
established by V.T.C.A. Tax Code Section 351.101(a)(5).
3. The Museum is an independent contractor and is not an officer, agent or
employee of the City.
4. In return for the payments provided for herein, Museum agrees to operate for
the period October 1, 2020 to September 30, 2021.
5. The Museum shall submit quarterly reports in the format provided by the City
reflecting the activities of the Museum as they relate to this contract. The Museum shall
submit such reports quarterly commencing January 15, 2021.
6. The City Manager of City or his designated representative shall, upon
reasonable notice, have the right to inspect all books and records of the Museum.
Page 2
7. Upon termination of this agreement or any extension thereof, unless it be
renewed, the Museum shall deliver to the City all funds paid under this contract that it
may have and all removable personal property that may have been purchased with
funds derived from said tax.
8. Funding under this contract will require that should a seminar be held during
the term of this contract designed to assure that expenditures of Hotel Occupancy Tax
funds are made in compliance with the Act, a representative of the Museum will attend
the seminar.
9. The Beaumont Heritage Society agrees to indemnify, hold harmless and
defend, at its own expense, the City of Beaumont and its officers, agents, servants and
employees, from and against any and all claims, causes of action and damages of
every kind arising out of or in conjunction with the execution, performance, attempted
performance or nonperformance of this contract or from the operations and actions of
the Beaumont Heritage Society/John Jay French Museum, its officers, agents and
employees and specifically including herein any and all acts of negligence by the City of
Beaumont, its agents, officers or employees, carried out under the terms of this
agreement.
Page 3
ATTEST:
A;
EXECUTED this the day of 12020.
City Clerk
ATTEST:
By: _
Name:
Title:
CITY OF BEAUMONT
Kyle Hayes
City Manager
BEAUMONT HERITAGE SOCIETY
By: _
Name:
Title:
Page 4
F
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer Al
MEETING DATE: October 6, 2020
REQUESTED ACTION: Council consider a resolution authorizing a one year contract with
the Southeast Texas Arts Council (SETAC) in the amount of
$30,000 for FY 2021.
BACKGROUND
The City is entitled to utilize revenues derived from the hotel -motel occupancy tax to promote
the arts. The city provides funding to SETAC to offset a portion of the production of the
magazine "Off Ramp" highlighting local events and "Tear Off' Attraction Maps for distribution
to hotels. Funds are also provided to SETAC as a flow -through to other programs and exhibitions
that bring artists to the area and promote the rich musical heritage of the area. SETAC ensures
Hotel Occupancy Tax funds are used appropriately by the receiver programs and exhibitions.
Remaining funds are used for operating expenses.
FUNDING SOURCE
Hotel Occupancy Tax Fund.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a one-year financial
assistance agreement, substantially in the form attached hereto as Exhibit "A," between
the Southeast Texas Arts Council (SETAC) and the City of Beaumont in the amount of
$30,000.00 for FY 2021.
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 6th day of
October, 2020.
- Mayor Becky Ames -
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT
This agreement between the City of Beaumont, a municipal corporation,
herein called "City", and the Southeast Texas Arts Council, a Texas non-profit
corporation, herein called "Council', is as follows:
WITNESSETH
WHEREAS, V.T.C.A. Tax Code Section 351.001 et.seq., authorizes the City
to use revenue derived from its hotel occupancy tax "for general promotional and tourist
advertising of the city and its vicinity and conducting a solicitation and operating
program to attract conventions and visitors, either by the City or through contracts with
persons or organizations selected by the City; and,
WHEREAS, V.T.C.A. Tax Code Section 351.101(a)(4), authorizes the City to
use a limited portion of the revenue derived from its hotel occupancy tax for the
encouragement, promotion, improvement and application of the arts, including
instrumental and vocal music, dance, drama, folk art, creative writing, architecture,
design and allied fields, painting, sculpture, photography, graphic and craft arts, motion
pictures, radio, television, tape and sound recording, and other arts related to the
presentation, performance, execution and exhibition of these major art forms; and, for
projects that directly enhance and promote tourism and the convention industry.
WHEREAS, the Southeast Texas Arts Council is the proper organization to
provide assistance in the responsible distribution of public funds for support of the,arts
in Beaumont;
EXHIBIT "A"
Now, Therefore, the City and the Council agree as follows:
1. The payment of the total amount of Thirty Thousand ($30,000) Dollars by City
to Council will be made from funds as available and as collected from the Hotel
Occupancy Tax. Payments of Two Thousand Five -Hundred Dollars ($2,500) will be
made monthly for twelve (12) months commencing October 1, 2020.
Any funds not expended for the projects and purposes approved will be
retained by the Council to be reallocated for similar arts purposes by approval of the
City.
2. All expenditure of funds from the Hotel Occupancy Tax shall be reasonably
related to the purposes established by V.T.C.A. Tax Code 351.101(a)(4).
3. The Council is an independent contractor and is not an officer, agent or
employee of the City.
4. The Council shall submit quarterly reports in the format provided by the City
reflecting the activities of the Council as they relate to this contract. The Council shall
submit such reports quarterly commencing January 15, 2021.
5. The City Manager or his designated representative shall, upon reasonable
notice, have the right to inspect all books and records of the Council.
6. It is understood and agreed that either party may terminate this contract by
giving to the other party notice in writing of said termination thirty (30) days in advance.
7. Upon termination of this agreement, unless it be renewed, the Council shall
deliver to the City all funds paid under this contract that it may have and all removable
personable property that may have been purchased with funds derived from said tax.
Page 2
8. Funding under this contract will require that should a seminar be held during
the term of this contract designed to assure that expenditures of Hotel Occupancy Tax
funds are made in compliance with the Act, a representative of the Council will attend
the seminar.
9. Council agrees to indemnify, save harmless, and defend the City of
Beaumont from any and all claims, causes of action and damages of every kind arising
from the operations of Council, its officers, agents and employees, including the officers,
agents, and employees involved in museum operation and specifically including herein
any and all acts of negligence by the City of Beaumont, its agents, officers or
employees, carried out under the terms of this agreement.
EXECUTED this the day of , 2020.
ATTEST:
By:
City Clerk
ATTEST:
By:
Name:
Title:
CITY OF BEAUMONT
in
Kyle Hayes
City Manager
SOUTHEAST TEXAS ARTS COUNCIL
By:
Name:
Title:
Page 3
G
BEAUMONT
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: October 6; 2020
REQUESTED ACTION:. Council consider a resolution approving the sale of City owned
property (left of 2146 Pecan Street).
BACKGROUND
Information about the sale of this property was provided to approximately one hundred potential
bidders. A minimum bid of four hundred fifty eight dollars ($458) was required. One response
was received from J.W. Wright Jr. in the amount of $1,500..
The description of the property is as follows:
Address: Left of 2146 Pecan Street
Legal: C26 x 100 Feet, Lot 113 and Lot 114, Block 11, Herring Addition.
Zoning: RMH, RM-R Residential Multiple Family Dwelling — Highest Density District.
Acreage: 0.0597 Acre Tract.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
WHEREAS, notice was published for the offer of the sale of City -owned land
located at left of 2146 Pecan Street on September 3, 2020; and,
WHEREAS, on September 24, 2020, the City of Beaumont received one bid for
the sale of City -owned surplus property; and
WHEREAS, the City of Beaumont received one bid from the following bidder in the
amount shown:
; and,
Purchaser: J.W. Wright, Jr.
Amount: $1,500.00
Address: Left of 2146 Pecan Street
Legal: C26 X 100 Feet, Lot 113 and Lot 114, Block 11, Herring Addition
Zoning: RMH, RM-R Residential Multiple Family Dwelling -Highest
Density District
Acreage: 0.0597 acre tract
WHEREAS, the land is no longer needed for the use of citizens as a road, nor
does it have a potential for park, conservation, recreation or similar purposes; and,
WHEREAS, the City of Beaumont wishes to sell the above property as shown;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the City Manager be and he is hereby authorized to execute a Special
Warranty Deed for the sale of the above -described property as shown.
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 6th day of
October, 2020.
- Mayor Becky Ames -
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: James P. Singletary, Chief of Police
MEETING DATE: October 6, 2020
REQUESTED ACTION: Council consider a resolution authorizing the City Manager, or his,
designee, to execute all documents necessary, specifically a
Memorandum of Understanding with the Garth House Mickey
Mehaffy Children's Advocacy Program, Inc.
BACKGROUND
The Garth House helps review reports of child abuse. The MOU is attached for your review.
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 his designee, be and they are hereby authorized to execute
all documents necessary, specifically a Memorandum of Understanding, between the
Beaumont Police Department and Garth House Mickey Mehaffy Children's Advocacy
Program, Inc. for the collaboration between several agencies to provide a continuum of
service as needed for the coordinated, multidisciplinary response to child abuse
investigation, intervention and prosecution. 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 6th day of
October, 2020.
Mayor Becky Ames -
GARTH HOUSE
Mickey Mehaffy Children's Advocacy Program, Inc.
Memorandum of Understanding
Jefferson County
We, the undersigned agencies, by and'through our supervisory heads and through our designated
representatives, do hereby agree to support the concept of and the philosophy of the Garth House and
to be actively involved in the implementation of its coordinated, multidisciplinary response to child
abuse investigation, intervention and prosecution,
We recognize that this collaborative approach, core to the children's advocacy center model, has a well -
documented record of improving outcomes for (1) child abuse cases in both criminal and child
protection systems; and (2) the lives of children and farnilies impacted by abuse. Therefore, the
undersigned agencies hereby agree to work collaboratively.
To minimize the re -victimization of children and protective family members as they go through
the investigation, assessment, interventions, and prosecution process; and
To maintain a cooperative, tearn approach to facilitate successful outcomes in both the criminal
and child protection systems through shared fact finding and strong, collaborative case
development.
It Is expressly understood that each agency will work within its own unique department mandates and
policies. Nothing contained in the investigative protocol supersedes the statutes, rules and regulations,
or policies of each individual agency.
The MOU must be reviewed, revised as needed, and re -executed, at a minimum of every three years,
upon significant changes to the document, or upon a change of authorized partner agency signatories.
All State and Federal confidentiality laws wlll be followed in connection with this agreement,
This agreement can be terminated by any party without cause by giving written notice to the other
parties.
We, the undersigned, have reviewed and hereby accept and endorse the Garth House MOU,
EXHIBIT "A"
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1
BEAUMONT
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: James P. Singletary, Chief of Police
MEETING DATE: October 6, 2020
REQUESTED ACTION: Council consider a resolution authorizing .the City Manager, _or his
designee, to execute an agreement with the DEA (Drug
Enforcement Agency).
BACKGROUND
The Beaumont Police Department assigns an officer to be a Task Force Officer with the. DEA.
The proposed agreement will allow for the potential reimbursement of overtime for the Officer.
The agreement is attached for your review.
FUNDING SOURCE
None.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager, or his designee, be and they are hereby authorized to execute
all documents necessary, specifically a Program Funded State and Local Task Force
Agreement, between the Beaumont Police Department and the United States Department
of Justice, Drug Enforcement Administration (DEA) for the purpose of detailing one (1)
experienced officer to the Beaumont Task Force for a period of not less than two (2)
years. 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 6th day of
October, 2020.
- Mayor Becky Ames -
PROGRAMFUNDED
STATE AND LOCAL TASK FORCE AGREEMENT
This agreement is made this 181 day of October 2020, between the United States Department of
Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Beaumont Police
Department (hereinafter "BPD"), ORI Number TX1230100. The DEA is authorized to enter into
this cooperative agreement concerning the use and abuse of controlled substances under the
provisions of 21 U.S.C. § 873.
Whereas there is evidence that trafficking in narcotics and dangerous drugs exists in the Beaumont,
Texas, area and that such illegal activity has a substantial and detrimental ,effect on the health and
general welfare of the people of Texas, the parties hereto agree to the following:
1. The Beaumont Task Force will perform the activities and duties described below:
a. disrupt the illicit drug traffic in the Beaumont, Texas, area by immobilizing targeted
violators and trafficking organizations;
b. gather�and report intelligence data relating to trafficking in narcotics and dangerous drugs;
and
c. conduct undercover operations where appropriate and engage in. other traditional methods
of investigation in order that the Task Force's activities will result in effective prosecution
before the courts of the United States and the State of Texas.
2. To accomplish the objectives of the Beaumont Task Force, the BPD agrees to detail one
experienced officer(s) to the Beaumont Task Force for a period of not less than two years. During
this period of assignment, the BPD assigned officer(s) will be under the direct supervision and
control of DEA supervisory personnel assigned to the Task Force.
3. The BPD officer(s) assigned to the Task Force shall adhere to all DEA policies and procedures.
Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the Task
Force.
4. The BPD officer(s) assigned to the Task Force shall be deputized as Task Force Officer(s) of
DEA pursuant to 21 USC 878.
S. To accomplish the objectives of the Beaumont Task Force, DEA will assign four Special Agents
to the Task Force. DEA will also, subject to the availability of annually appropriated funds or any
continuing resolution thereof, provide necessary finds and equipment to support the activities of
the DEA Special Agents and BPD officer(s) to the Task Force. This support will include: office
space, office supplies, travel funds, funds for the purchase of evidence and information,
investigative equipment, training and other support items.
6. During theperiod of assignment to theBeaumont Task Force, theBPD will remain responsible
for establishing the salary and benefits, including overtime, 'of the officer(s) assigned to the Task
Force and for making all payments due them. DEA will, subject to availability of funds,
reimburse the BPD for overtime payment. Annual overtime for each state or local law
Pagel of 3
EXHIBIT "A" SURGE
enforcement officer is capped at the equivalent of 25% of a GS-12, Step 1, of the General Pay
Scale for the Rest of United States. Reimbursement for all types of qualified expenses shall be
contingent upon availability of funds and the submission of a proper request for rennbursement
which shall be submitted monthly or quarterly on a fiscal year basis, and which provides the
names of the investigators who incurred overtime for DEA during the invoiced period, the number
of overtime hours incurred, the hourly regular and overtime rates un effect for each investigator,
and the total cost for the invoiced period. Invoices must be submitted at least quarterly within 10
business days of the end of the unvoiced period. Note: Task Force Officer's overtime "shall
not include any costs for benefits, such as retirement, FICA, and other expenses."
7. In no event will the BPD charge any indirect cost rate to DEA for the administration or
implementation of this agreement.
8. The BPD shall maintain on a current basis complete and accurate records and accounts of all
obligations and expenditures of funds under this agreement in accordance with generally accepted
accounting principles and instructions provided by DEA to facilitate on -site inspection and
auditing of such records and accounts.
9. The BPD ,shall permit and have readily available for examination and auditing by DEA, the
United States Department of Justice, the Comptroller General of the United States and any of then
duly authorized agents and representatives, any and all records, documents, accounts, invoices,
receipts or expenditures relating to this agreement. The BPD shall maintain all such reports and
records until all litigation, claim, audits and examinations are completed and resolved or for a
period of six (6) years after termination of this agreement, whichever is sooner.
10. The BPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the
Rehabilitation Act of 1973, the Age Diserinnination Act of 1975, as amended, and all requirements
imposed by or pursuant to the regulations of the United States Department of Justice implementing
those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and 1.
11. The BPD agrees that an authorized officer(s) or employee will execute and return to DEA the
attached OJP Foam 4061/6, Certification Regarding Lobbying; Debarment, Suspension and Other
Responsibility Matters; and Drug -Free Workplace Requirements, The BPD acknowledges that
this agreement will not take effect and no federal fiends will be awarded to the BPD by DEA until
the completed certification is received.
12. When issuing statements, press releases requests for proposals, bid solicitations and other
documents describing programs or projects funded in whole or part with federal money, the BPD
shall clearly state: (1) percentage of the total cost of the program or project which will be financed
with federal money and (2) the dollar amount of federal fronds for the program or project.
13. The term. of this agreement shall be effective from the date in paragraph number one until
September 30, 2021. This agreement maybe terminated by either party on 30 days advance written
notice. Billing for all outstanding obligations .mist be received by DEA within 90 days of the date
of termination of this agreement. DEA will be responsible only for obligations incurred by BPD
during the term of this agreement.
Page 2 of 3
SURGE
For the Drug Enforcement Administration:
Steven S. Whipple
Special Agent in Charge
For the Beaumont Police Department
James P. Suigletaiy
Chief of Police
Date:
Date:
Page 3 of 3
SURGE
U.S. DEPARTMENT OF JUSTICE .
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND
OTHER RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to
attest. Applicants should also review the Instructions for certification included In the regulations before completing this
form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New
Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Debarment and Suspension (Nonpro-curement) and
Government -wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material
representation of fact upon which reliance will be placed when the Department of Justice determines to award the
covered transaction, grant, or cooperative agreement.
1. LOBBYING
As required by Section 1352, Title W of the U.S. Code, and public (Federal, State, or local) transaction or contract under a
Implemented at 28 CFR Part 69, for persons entering Into a public transaction; violation of Federal or State antitrust statutes
or commission of embezzlement, theft, forgery,
grant or cooperative agreement over $100,000, as defined at bribery, falsification or destruction of records, making false
28 CFR Part 69, the applicant certifies that;
statements, or receiving stolen property;
(a) No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for in-
fluencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress In con-
nection with the making of any Federal grant, the entering Into
of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal grant or
cooperative agreement;
(b) If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or at-
tempting to Influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress In connection with this
Federal grant or cooperative agreement, the undersigned shall
complete and submit Standard Form - LLL, "Disclosure of
Lobbying Activities," In accordance with Its Instructions;
(c) The undersigned shall require that the language of this cer-
tification be included In the award documents for all subawards
at all tiers (including subgrants, contracts under grants and
cooperative agreements, and subcontracts) and that all sub -
recipients shall certify and disclose accordingly.
2. DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
(DIRECT RECIPIENT)
As required by Executive Order 12549, Debarment and
Suspension, and Implemented at 28 CFR Part 67, for prospec-
tive participants In primary covered transactions, as defined at
28 CFR Part 67, Section 67.510—
A. The applicant certifies that it and Its principals:
(a) Are not presently debarred, suspended, proposed for debar-
ment, declared Ineligible, sentenced to a denial of Federal
benefits by a State or Federal court, or voluntarily excluded
from covered transactions by any Federal department
or agency;
(b) Have not within a three-year period preceding this appilca-
tion been convicted of or had a civil Judgment rendered against
them for commission of fraud or a criminal offense in connec-
tion with obtaining, attempting to obtain, or performing a
(c) Are not presently Indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State, or
local) with commission of any of the offenses enumerated In
paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this applica-
tion had one or more public transactions (Federal, State, or
local) terminated for cause or default; and
B. Where the applicant is unable to certify to any of the
statements in this certification, he or she shall attach an
explanation to this application.
3. DRUG -FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug -Free Workplace Act of 1088, and
Implemented at 28 CFR Part 67, Subpart F, for grantees, as
defined at 28 CFR Part 67 Sections 67.615 and 67.620—
A. The applicant certifies that it will or will continue to provide
a drug -free workplace by;
(a) Publishing a statement notifying employees that the
unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance is prohibited In the grantee's
workplace and specifying the actions that will be taken against
employees for violation of such prohibition;
(b) Establishing an on -going drug -free awareness program to
Inform employees about—
(1) The dangers of drug abuse In the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) The penalties that may be Imposed upon employees for
drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged
In the performance of the grant be given a copy of the state-
ment required by paragraph (a);
(d) Notifying the employee in the statement required by para-
graph (a) that, as a condition of employment under the grant,
the employee will—
OJP FORM 406116 (3.91) REPLACES OJP FORMS 4061/2, 4061/3 AND 4061/4 WHICH ARE OBSOLETE.
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a
violation of a criminal drug statute occurring In the workplace
no later than five calendar days after such conviction;
(a) Notifying the agency, in writing, within 10 calendar days
after receiving notice under subparagraph (d)(2) from an
employee or otherwise receiving actual notice of such donvic-lion
Employers of convicted employees must provide notice, Including
position title, to: Department of Justice, Office of
Justice Programs, ATTN: Control Desk, 633 Indiana Avenue,
N.W., Washington, D.C. 20531. Notice shall Include the Iden-
tification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar
days of receiving notice under subparagraph (d)(2), with
respect to any employee who Is so convicted—
(1) Taking appropriate personnel action against such an
employee, up to and Including termination, consistent with the
requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a
drug abuse assistance or rehabilitation program approved for
such purposes by a Federal, State, or local health, law enforce-
ment, or other appropriate agency:
(g) Making a good, faith effort to continue to maintain a drug -
free workplace through Implementation of paragraphs (a), (b),
(c), (d), (a), and (f).
B. The grantee may insert In the space provided below the
site(s) for the performance of work done in connection with
the specific grant:
Place of Performance (Street address, city, county, state, zip
code)
Check ❑ if there are workplaces on file that are not indentified
here.
Section 67, 630 of the regulations provides that a grantee that
Is a State may elect to make one certification In each Federal
fiscal year. A copy of which should be included with each ap-
plication for Department of Justice funding. States and State
agencies may elect to use OJP Form 4061/7.
Check ❑ if the State has elected to complete OJP Form
4061 /7.
DRUG -FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS)
As required by the Drug -Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subpart F, for grantees, as
defined at 28 CFR Part 67; Sections 67.615 and 67.620—
A. As a condition of the grant, i certify that i will not engage
In the unlawful manufacture, distribution, dispensing, posses-
sion, or use of a controlled substance In conducting any
activity with the grant; and
B, If convicted of a criminal drug offense resulting from a
violation occurring during the conduct of any grant activity, I
will report the conviction, in writing, within 10 calendar days
of the conviction, to: Department of Justice, Office of Justice
Programs, ATTN; Control Desk, 810 Seventh Street NW.,
Washington, DC 20531.
As the duty authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications.
1. Grantee Name and Address: (State and Local Agency Name and Address)
2. Application Number and/or Project Name 3. Grantee IRS/Vendor Number
NIA N/A
4. Typed Name and Title of Authorized Representative
5. Signature 6. Date
'U.S. Govemmenl PdnUng Office: 1996 - 405-037140014
J
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Planning & Community Development Director
MEETING DATE: October 6, 2020
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
enter into an Information Sharing Access Agreement (ISAA) with
the Federal Emergency Management Agency (FEMA).
BACKGROUND
The City currently participates in the Community Rating System (CRS), a voluntary program
that recognizes and encourages community floodplain management activities that exceed the
minimum requirements of the National Flood Insurance Program (NFIP). As a result of our
participation, flood insurance premium rates are discounted within Beaumont to reflect the
reduced flood risk resulting from the community actions.
The CRS process includes an audit by FEMA every five (5) years. Part of this accounting is to
maintain a supplied list of properties with repeated flood claims known as Repetitive Loss (RL)
properties. Due to recent discrepancies regarding the Privacy Act, FEMA has become much
more guarded with this information. _ They now require that the City enter into an Information
Sharing Access Agreement (ISAA), stating that we will not willfully disclose any of the
provided information to a third party not authorized to receive it.
The information FEMA provides to the City. is needed, not only to maintain our status with CRS,
but for any elevation or buyout grants we wish to pursue. The data is also needed in our
continuing evaluation of the flooding in Beaumont. Information from FEMA includes such data
as a list of every flood claim made within the city, a list of current flood policies in the city,
public works and critical infrastructure improvement projects (such as levees) and data on
existing and new impervious surfaces (new parking lots, etc.) that contribute to flooding.
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 an Information Sharing
Access Agreement, (ISAA) with the Department of Homeland Security/Federal
Emergency Management Agency (DHS/FEMA) Federal Insurance and Mitigation
Administration (FIMA) to enable FEMA to share personally identifiable information that is
protected by the Privacy Act of 1974 with the City relating to daily flood management. The
Information Sharing Access 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 6th day of
October, 2020.
- Mayor Becky Ames -
DHS/FEMA ISAA
Page 1 of 13
INFORMATION SHARING ACCESS AGREEMENT (ISAA)
BETWEEN
THE DEPARTMENT OF HOMELAND SECURITY/ FEDERAL EMERGENCY
MANAGEMENT AGENCY (DHS/FEMA) FEDERAL INSURANCE AND
MITIGATION ADMINISTRATION (FIMA)
AND
The City of Beaumont, Jefferson County, Texas
INTRODUCTION AND PURPOSE. The U.S. Department of Homeland
Security/Federal Emergency Management Agency, Federal Insurance and Mitigation
Administration (DHS/FEMA/FIMA) and The City of Beaumont, Jefferson County,
Texas (Beaumont, Texas) voluntarily enter into this Information Sharing Access
Agreement (ISAA). The purpose of the ISAA is to enable FEMA to share personally
identifiable information (PII) that is protected by the Privacy Act of 1974 (Privacy
Act), as amended, 5 U.S.C. § 552a, with the Beaumont, Texas to review National
Flood Insurance Program (NFIP) policy and/or claims information will used for daily
floodplain management, CRS and HM activities NFIP Data will be used in providing
unmet needs by NFIP claims payouts within Beaumont, Texas and service areas,
making substantial damage determinations as well as identifying properties for buy-
out or elevation..
2. AUTHORITIES. This ISAA is authorized by:
a. Robert T. Stafford Disaster Relief and Emergency Assistance Act, Pub. L. No.
93-288 (1974) (42 U.S.C. 5121 et seq.) (Stafford Act) for declared disasters only;
b. Homeland Security Act of 2002, Pub. L. No. 107-296 (2002) (6 U.S.C. 10let
seq.) for declared disasters only;
c. National Flood Insurance Act of 1968, Pub. L. No. 90-448, Title XIII (1968) (42
U.S.C. 4001 et seq.) (NFIA);
d. Privacy Act of 1974 (5 U.S.C. 552a) (Privacy Act);
e. Authority notification - DHS/FEMA 003 NFIP Files System of Records, 79 FR
28747 (May 19, 2014) (NFIP Files SORN).
Updated August 07, 2019
EXHIBIT "A"
DHS/FEMA ISAA
Page 2 of 13
3. BACKGROUND
a. FEMA collects, maintains, uses, and disseminates, personally identifiable
information (PII) from NFIP policyholders. NFIP policyholder PII is protected by
the Privacy Act and shared pursuant to the NFIP Files SORN.
b. As authorized by the routine use provision of the Privacy Act, 5 U.S.C. §
552a(b)(3), FEMA may disclose policyholder PII to federal, state, local, and tribal
government agencies to enable them to receive only the NFIP policy and claims
information necessary to satisfy a specific routine use as valid and eligible under
the NFIP Files SORN.
c. This ISAA encompasses NFIP Files SORN Routine Uses (I), (L), (M), (N), (0),
(R), and (T) only.
d. This ISAA encompasses NFIP Files SORN Routine Use (G) for floodplain
management enforcement only. Any other routine use (G) that involves
investigating or prosecuting a violation or enforcing or implementing a law, rule,
regulation, or order requires a separate ISAA that must be reviewed and cleared
by the FEMA Privacy Office.
e. The Beaumont, Texas certifies that it will review NFIP policy and claims
information for properties within its jurisdiction as part of its responsibility as a
NFIP Community under the following routine uses.
Routine Use I To federal, state, local, and tribal government agencies, insurance
companies, and established voluntary organizations in order to determine
eligibility for benefits, verify non -duplication of benefits following a flooding
event or another disaster, and provide needs unmet by NFIP claims payouts
within their jurisdictions and service areas.
Routine Use O To the Army Corps of Engineers and federal, state, local, and
tribal government agencies to review NFIP policy and claims information for
properties within its jurisdiction in order to assist in hazard mitigation and
floodplain management activities, and in monitoring compliance with the
floodplain management measures adopted by the community.
Routine Use R To federal, state, local, and tribal government agencies to conduct
research, analysis, and feasibility studies of policies and claims within its
jurisdiction.
Routine Use T To community officials and representatives to provide repetitive
loss records of properties within that community.
Updated August 07, 2019
DHS/FEMA ISAA
Page 3 of 13
4. DEFINITIONS.
As used in this Agreement, the following terms will have the following meanings:
a. COMPUTER MATCHING: Any computerized comparison of two or more
automated systems of records, or a system of records with non-federal records, for
the purpose of establishing or verifying eligibility or compliance as it relates to
cash or in -kind assistance or payments under federal benefit programs. See 5
U.S.C. § 552a(a)(8). Pursuant to 5 U.S.C. § 552a(o), any record contained in a
system of records may only be disclosed to a recipient agency or non-federal
agency for use in a computer matching program pursuant to a Computer Matching
Agreement (CMA) between the source agency and the recipient agency or non-
federal agency.
b. NIST CYBERSECURITY FRAMEWORK: National Institutes of Standards and
Technology (NIST) "Framework for Improving Critical Infrastructure
Cybersecurity," which sets out a repeatable process of, "Identify, Protect, Detect,
Respond and Recover," to guide organizational cybersecurity activities and
consideration of cybersecurity risk in organizational risk management processes.
c. PERSONALLY IDENTIFIABLE INFORMATION (PII): Any information that
permits the identity of an individual to be directly or indirectly inferred, including
other information that is linked or linkable to an individual. For example, when
linked or linkable to an individual, such information includes an address, name,
social security number, date and place of birth, mother's maiden name, account
number, license number, vehicle identifier number, license plate number, device
identifier or serial number, internet protocol address, biometric identifier (e.g.,
photograph, fingerprint, iris scan, voice print), educational information, financial
information, medical information, criminal or employment information, and
information created specifically to identify or authenticate an individual (e.g., a
random generated number). PII constitutes "Controlled Unclassified
Information."
d. PRIVACY INCIDENT. The loss of control, compromise, unauthorized
disclosure, unauthorized acquisition, or any similar occurrence where (1) a person
other than the authorized user accesses or potentially accesses PII or (2) an
authorized user accesses or potentially accesses PII for an unauthorized purpose.
The term encompasses both suspected and confirmed incidents involving PII,
whether intentional or inadvertent, which raises a reasonable risk of harm.
SYSTEM SECURITY PLAN. Formal document that provides an overview of the
security requirements for the information system and describes the security
controls in place or planned for meeting those requirements. For instance,
technical controls typically include Access Control (IA), Audit and
Accountability (AU), Identification and Authentication (IA), and System and
Communications (SC).
Updated August 07, 2019
DHS/FEMA ISAA
Page 4 of 13
5. RESPONSIBILITIES.
a. FEMA's responsibilities under this ISAA are as follows:
i. Share with the Beaumont, Texas the NFIP policyholder data found in
Appendix A of this agreement.
ii. Share with the Beaumont, Texas NFIP policyholder data and its associated
information, as found in Appendix A of this agreement.
iii. Transmit the NFIP policyholder data and related information listed in
Appendix A to the Beaumont, Texas in password protected format via
encrypted email.
iv. Ensure that NFIP policyholder data is accurate, complete, and up-to-date
as reasonably necessary.
V. FEMA shall not take any adverse action or limit any of its Federal benefits
as a result of this sharing of information.
b. The Beaumont, Texas's responsibilities under this ISAA are as follows:
i. Use and maintain the NFIP policyholder PII under this ISAA only to
review NFIP policy and claims information for properties within its
jurisdiction under the following routine uses:
Routine Use I To federal, state, local, and tribal government agencies,
insurance companies, and established voluntary organizations in order to
determine eligibility for benefits, verify non -duplication of benefits
following a flooding event or another disaster, and provide needs unmet
by NFIP claims payouts within their jurisdictions and service areas.
Routine Use O To the Army Corps of Engineers and federal, state, local,
and tribal government agencies to review NFIP policy and claims
information for properties within its jurisdiction in order to assist in hazard
mitigation and floodplain management activities, and in monitoring
compliance with the floodplain management measures adopted by the
community.
Routine Use R To federal, state, local, and tribal government agencies to
conduct research, analysis, and feasibility studies of policies and claims
within its jurisdiction.
Routine Use T To community officials and representatives to provide
repetitive loss records of properties within that community.
Updated August 07, 2019
DHS/FEMA ISAA
Page 5of13
The NFIP policyholder PII provided by FEMA under this ISAA may not
be used for any other purpose.
ii. Instruct all individuals with access to NFIP policyholder PII regarding the
confidential nature of the information, the safeguard requirements of this
Agreement, and the criminal penalties and civil remedies specified in
federal and state laws against unauthorized disclosure of NFIP
policyholder PII covered by this Agreement.
iii. Employ appropriate administrative, technical, and/or physical safeguards
to secure any and all NFIP policyholder PII shared under the provisions of
this ISAA, whether in physical or electronic form, and store PII only in
places and in a manner, that are safe from access by unauthorized persons
or for unauthorized use.
iv. Limit access to NFIP policyholder PII provided by FEMA under this
ISAA only to the authorized Beaumont, Texas personnel to review NFIP
policy and claims information for properties within its jurisdiction under
the following routine uses:
Routine Use I To federal, state, local, and tribal government agencies,
insurance companies, and established voluntary organizations in order to
determine eligibility for benefits, verify non -duplication of benefits
following a flooding event or another disaster, and provide needs unmet
by NFIP claims payouts within their jurisdictions and service areas.
Routine Use O To the Army Corps of Engineers and federal, state, local,
and tribal government agencies to review NFIP policy and claims
information for properties within its jurisdiction in order to assist in hazard
mitigation and floodplain management activities, and in monitoring
compliance with the floodplain management measures adopted by the
community.
Routine Use R To federal, state, local, and tribal government agencies to
conduct research, analysis, and feasibility studies of policies and claims
within its jurisdiction.
Routine Use T To community officials and representatives to provide
repetitive loss records of properties within that community.
on behalf of Beaumont, Texas. This includes all entities and individuals
listed in paragraphs 6 and 7.
V. The Beaumont, Texas will not further disclose NFIP policyholder PII
provided by FEMA to outside third parties without the express consent of
FEMA or the NFIP policyholder(s) to whom the PII pertains including, as
Updated August 07, 2019
DHS/FEMA ISAA
Page 6 of 13
applicable, requests by third parties under state open access and freedom
of information laws.
vi. The Beaumont, Texas shall ensure no computer matching will occur for
the purpose of establishing or verifying eligibility or compliance as it
relates to cash or in -kind assistance or payments under federal benefit
programs unless a separate CMA is in place.
vii. The Beaumont, Texas will, in a timely manner, take appropriate action
with regard to any request made by DHS for access, additions, changes,
deletions, or corrections of PII. In addition, the Beaumont, Texas will, in a
timely manner, notify DHS of any data errors that it discovers.
viii. The Beaumont, Texas will destroy information provided by FEMA when
no longer needed by Beaumont, Texas to meet unmet needs, acquiring
property, preventing duplication of benefits, or other business need as
identified within this agreement.
ix. Pursuant to Routine Use N, provide FEMA with names, addresses of
policyholders within their jurisdictions, and a brief general description of
their plan for acquiring and relocating their flood prone properties for the
purpose of ensuring that communities engage in floodplain management,
improved real property acquisitions, and relocation projects that are
consistent with the NFIP.
6. CONSENT TO THIRD PARTY ACCESS TO NFIP POLICYHOLDER PII:
At this time, Beaumont, Texas has not indicated an intent to share NFIP policyholder
PII with third party contractors.
7. POINTS OF CONTACT.
a. The FEMA points of contact are as follows:
Monique Crewes
Acting Chief,, Insurance Analytics and Policy, FIMA, FEMA
202-655-8573
Monique. Crewes (a(,fema. dhs. gov
Scott McAfee
GIS Analyst
202-236-3255
Scott.McafeeQfema.dhs.. og_v
Updated August 07, 2019
DHS/FEMA ISAA
Page 7 of 13
John Bowman
Floodplain Management and Insurance Specialist
940-898-5556
JohnE. B owman(aUema. dhs. go v
b. The Beaumont, Texas points of contact are as follows: (No more than five POCs)
Adina Josey
Senior Planner/Floodplain Administrator
409-880-3764
adina. j oseyAbeaumonttexas. gov
Chris Boone
Director of Planning and Community Development
409-880-3764
chris.booneO,beaumonttexas.gov
Katrina Purcell
Planner I
409-880-3764
katrina.pureell(ab,beaunionttexas. gov
8. SEVERABILITY. Nothing in this ISAA is intended to conflict with current law,
regulation, or FEMA directives. If a term of this ISAA is inconsistent with such
authority, then that term shall be invalid, but the remaining terms and conditions of
this ISAA shall remain in full force and effect.
9. NO PRIVATE RIGHT. This ISAA is an internal agreement between FEMA and
the Beaumont, Texas. It does not create nor confer any right or benefit that is
substantive or procedural, enforceable by any third party against the Parties, the
United States, or other officers, employees, agents, or associated personnel thereof.
Nothing in this ISAA is intended to restrict the authority of either party to act as
provided by law, statute, or regulation, or, to restrict any party from administering or
enforcing any laws within its authority or jurisdiction. Accordingly, the terms of this
Agreement do not constitute or imply the grant, by the United States of America, of
any other consent, accord, satisfaction, advice, or waiver of its rights, power or
authority.
10. FUNDING. This ISAA is not an obligation or commitment of funds, nor a basis for
transfer of funds. Each party shall bear its own costs in relation to this ISAA.
Expenditures by each party will be subject to its budgetary processes and to
availability of funds pursuant to applicable laws, regulations, and policies. The
parties expressly acknowledge that this in no way implies that Congress will
appropriate funds for such expenditures.
Updated August 07, 2019
DHS/FEMA ISAA
Page 8of13
11. ISSUE RESOLUTION. FEMA and the Beaumont, Texas understand that during the
course of this ISAA, they may have to resolve issues such as: scope, interpretation of
provisions, unanticipated technical matters, and other proposed modifications. Both
parties agree to appoint their respective points of contact to work in good faith
towards resolution of such issues.
12. USE OF CONTRACTOR WITH ACCESS TO NFIP POLICYHOLDER PII.
When the Beaumont, Texas utilizes a contractor in connection with its performance
of its obligations under the ISAA and the Beaumont, Texas provides such contractor
with access to NFIP policyholder PII, the Beaumont, Texas shall provide FEMA with
prompt notice of the identity of such contractor and the extent of the role that such
contractor will play in connection with the purpose of this ISAA. Moreover, all such
contractors given access to any NFIP policyholder PII must agree to: (a) abide by.the
conditions set forth herein, including, without limitation, its provisions relating to
compliance with minimum standards for the protection of NFIP policyholder PII and
Notice of Security and/or Privacy Incident; (b) restrict use of NFIP policyholder PII
only to the performance of services to Beaumont, Texas in connection with
Beaumont, Texas performance of its obligations under the ISAA, and (c) certify in
writing, upon completion of the performance of services by a contractor, that the
contractor has immediately un-installed, removed, and/or destroyed all copies of
NFIP policyholder PH within 30 days of the contractor's performance of services to
the Beaumont, Texas.
13. RETURN OR DESTRUCTION OF NFIP POLICYHOLDER PH. If at any time
during the term of the ISAA any part of NFIP policyholder PII, in any form, that the
Beaumont, Texas obtains from FEMA ceases to be required by the Beaumont, Texas
for the performance of the purpose under the ISAA, or upon termination of the ISAA,
whichever occurs first, Beaumont, Texas shall,, within fourteen (14) days thereafter,
promptly notify FEMA and securely return the NFIP policyholder PII to FEMA, or,
at FEMA's written request destroy, un-install and/or remove all copies of such NFIP
policyholder PII in the Beaumont, Texas's possession or control, and certify to
FEMA. that such tasks have been completed.
14. ENTIRE AGREEMENT. This ISAA constitutes the entire agreement between the
parties with regard to information sharing.
15. MODIFICATION. This ISAA may be modified upon the mutual written consent of
the parties.
16. COUNTERPARTS. This ISAA, when executed in any number of counterparts and
by different parties on separate counterparts, each of which counterparts when so
executed and delivered shall be deemed to be an original, and all of which
counterparts taken together shall constitute but one and the same Agreement.
17. EFFECTIVE DATE, DURATION AND TERMINATION. This ISAA will
become effective upon the signature of both parties and will remain in effect for three
Updated August 07, 2019
DHS/FEMA ISAA
Page 9 of 13
years. However, FEMA will only provide the information identified in Appendix A
for the disaster period of assistance. Either party may terminate this agreement upon
written notice to the other party:
18. NOTICE OF PRIVACY INCIDENT. If the Beaumont, Texas, or its contractors,
suspect, discover or are notified of a suspected or confirmed privacy incident relating
to NFIP policyholder PII, the Beaumont, Texas shall immediately, but in no event
later than twenty-four (24) hours from suspicion, discovery or notification of the
suspected or confirmed privacy incident, notify the FEMA Privacy Officer at (202)
212-5100 or FEMA-Privacy@fema.dhs.gov.
19. PRIVACY INCIDENT HANDLING. In the event of a privacy incident emanating
from this ISAA, FEMA will investigate the incident pursuant to DHS standard
procedures and will consult Beaumont, Texas to diagnose, mitigate and manage the
privacy incident. The Beaumont, Texas will be responsible for carrying out all
necessary measures to remedy the effects of the privacy incident.
20. REPORTING. This ISAA covers several routine uses outlined in Paragraph 3 (d)
and (e). Each time a record is requested under this ISAA, Beaumont, Texas will
indicate the specific purpose and use of the record and the specific routine use under
which the record is being requested. FEMA will keep a record of the date, nature,
and purpose of each disclosure of a record under this ISAA. The Parties will
coordinate to prepare a report/audit summarizing compliance with the privacy,
redress, and security requirements set forth in this Agreement.
21. INDEMNIFICATION. The Beaumont, Texas shall bear all costs, losses and
damages to the extent resulting from Beaumont, Texas breach of the ISAA.
Beaumont, Texas agrees to release, defend, indemnify, and hold harmless FEMA for
claims, losses, penalties and damages and reasonable attorneys' fees and costs to the
extent arising out of Beaumont, Texas's, or its contractor's, negligence, unauthorized
use or disclosure of NFIP policyholder PII and/or Beaumont, Texas's, or its
contractor's, breach of its obligations under the ISAA. Beaumont, Texas shall inform
all of its principals, officers, employees, agents and contractors assigned to handling
NFIP policyholder PII under the ISAA of the obligations contained in the ISAA.
22. PENALTIES. The Beaumont, Texas understands that if it or one of its
employee/agents willfully discloses any such PII to a third party not authorized to
receive it, FEMA will revoke the Beaumont, Texas's access to NFIP policyholder PII.
Updated August 07, 2019
DHS/FEMA ISAA
Page 10 of 13
FEDERAL EMERGENCY MANAGEMENT AGENCY
Paul Huang. Date
Federal Insurance Directorate Assistant Administrator
DHS/FEMA/FIMA
The City of Beaumont, Jefferson County, Texas
Kyle Hayes Date
City Manager
The City of Beaumont, Jefferson County, Texas
Updated August 07, 2019
r�
DHS/FEMA ISAA
Page 11 of 13
Appendix A — NFIP Data Description
The following lists the NFIP policyholder PII data elements that may be shared by FEMA
with the Beaumont, Texas. The Beaumont, Texas will only receive the PII data, or data
when combined with other data could lead to PII, necessary to meet the routine use:
■ Policyholder Name (Routine Uses I and N only)
■ Property Address
■ Date of Loss
■ Building Characteristics
■ Coverages (building, contents)
■ Premium and fees
■ Claims amount paid (building, contents, ICC)
■ Non-PII data elements as necessary, requested, and available
NFIP System of Reeords Notices (SORNs) Routine Uses
A
'To the Department of Justice (DOJ), including Offices of the
U.S. Attorneys, or other federal agency conducting litigation or in proceedings
before any court, adjudicative, or administrative body, when it is relevant or
necessary to the litigation and one of the following is a party to the litigation or
has an interest in such litigation:
1. DHS or any component thereof;
2. Any employee or former employee of DHS in his/her official
capacity;
3. Any employee or former employee of DHS in his/her individual capacity
when DOJ or DHS has agreed to represent the employee; or
4. The U.S. or any agency thereof.
B
To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
C
To the National Archives and Records Administration (NARA) or General
Services Administration pursuant to records management inspections being
conducted under the authority of 44 U.S.C. 2904 and 2906.
D
To an agency or organization for the purpose of performing audit
or oversight operations as authorized by law, but only such information as is
necessary and relevant to such audit or oversight function.
E
To appropriate agencies, entities, and persons when:
1. DHS suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised;
Updated August 07, 2019
DHS/FEMA ISAA
Page 12 of 13
2. DHS has determined that as a result of the suspected or confirmed
compromise, there is a risk of identity theft or fraud, harm to economic or
property interests, harm to an individual, or harm to the security or integrity of
this system or other systems or programs (whether maintained by DHS or
another agency or entity) that rely upon the compromised information; and
3. The disclosure made to such agencies, entities, and persons is reasonably
necessary to assist in connection with DHS's efforts to respond to the suspected
or confirmed compromise and prevent, minimize, or remedy such harm.
F
To contractors and their agents, grantees, experts, consultants, and others
performing or working on a contract, service, grant, cooperative agreement, or
assignment for DHS, when necessary to
accomplish an agency function related to this system of records. Any individuals
provided information under this routine use are subject to the same Privacy Act
requirements and limitations on disclosure as are applicable to DHS officers and
employees.
G
To an appropriate federal, state, tribal, local, international, or foreign law
enforcement agency or other appropriate authority charged with investigating or
prosecuting a violation or enforcing or implementing a law, rule, regulation, or
order, when a record, either on its face or in conjunction with other information,
indicates a violation or potential violation of law, which includes criminal, civil,
or regulatory violations and such disclosure is proper and consistent with the
official duties of the person making the disclosure.
H
To Write Your Own insurance companies as authorized under 44 CFR 62.23 to
administer flood insurance in partnership with FEMA.
I
To federal, state, local, and tribal government agencies, insurance companies,
and established voluntary organizations in order to determine eligibility for
benefits, verify non -duplication of benefits following a flooding event or another
disaster, and provide needs unmet by NFIP claims payouts within their
jurisdictions and service areas.
J
To state government agencies in order to provide GFIP certificates for carrying
out the p oses of the NFIP within its jurisdiction.
K
To property loss reporting bureaus, state insurance departments, and insurance
companies to investigate fraud or potential fraud in connection with claims,
subject to the approval of the DHS Office of the Inspector General.
L
To state, local, and tribal government agencies to ascertain the degree of
financial burdens they expect to assume in the event of a flooding disaster within
its jurisdiction.
M
To state, local, and tribal government agencies to further NFIP
outreach and education activities within their jurisdiction.
N
To state, local, and tribal government agencies that provide names, addresses of
policyholders within their jurisdictions, and a brief general description of their
plan for acquiring and relocating their flood prone properties for the purpose of
ensuring that communities engage in floodplain management, improved real
property acquisitions, and relocation projects that are consistent with the NFIP.
This is contingent upon the Federal Insurance Mitigation Administration
Updated August 07, 2019
DHS/FEMA ISAA
Page 13 of 13
determining that the use furthers the flood plain management and hazard
mitigation goals of the agency.
O
To the Army Corps of Engineers and federal, state, local, and tribal government
agencies to review NFIP policy and claims information for properties within its
jurisdiction in order to assist in hazard mitigation and floodplain management
activities, and in monitoring compliance with the floodplain management
measures adopted by the community.
P
To lending institutions and mortgage servicing companies for purposes of
assistingwith lender compliance.
Q
To current owners of properties for the purpose of providing the dates and dollar
amounts of past loss payments made to the said property.
R
To federal, state, local, and tribal government agencies to conduct research,
analysis, and feasibility studies of policies and claims within its jurisdiction.
S
To financial institutions for purposes of providing referral or
cooperative reimbursement payments to insurance agents to share
marketing and advertising costs between NFIP and entities participating in the
NFIP.
T
To community officials and representatives to provide repetitive loss records of
Properties within that community.
U
To OMB in for purposes related to the review of private relief
le islation in accordance with OMB Circular No. A-19.
V
To private reinsurers, private capital firms, and financial
institutions for the purposes of preparing NFIP assumption of risk proposals.
W
To the news media and the public, with the approval of the Chief
Privacy Officer in consultation with counsel, when there exists a
legitimate public interest in•the disclosure of the information, when disclosure is
necessary to demonstrate the accountability of DHS's officers, employees, or
individuals covered by the system, except to the extent the Chief Privacy Officer
determines that release of the specific information in the context of a particular
case would constitute an unwarranted invasion of personal privacy.
https://www..Qpo.gov/fdsys/pkg/FR-2014-05-19/html/2014-11386.htm
Updated August 07, 2019
BEAUMONT
TEXAS
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS CITY HALL 801 MAIN STREET
TUESDAY, OCTOBER 6, 2020 1:30 PM
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
Presentations and Recognitions
Public Comment: Persons may speak on scheduled agenda items 1 and 2/Consent
Agenda
Consent Agenda
GENERAL BUSINESS
1. Consider authorizing the City Manager to execute an agreement with Beaumont
Firefighters' Local 399
-2. Consider a resolution approving multiple contracts for the purchase of traffic
marking materials
COMMENTS -
Public Comment (Persons are limited to 3 minutes)
* Councilmembers/City Manager/City Attorney comment on various matters
EXECUTIVE SESSION
Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
Southern Choice Consulting, LLC v. City of Beaumont; -Cause No.
A-205,533
Consider matters related to the deliberation of the purchase, exchange, .lease or
value of real properly in accordance with Section 551.072 of the Government
Code, to wit:
Properly located on Major Drive between Delaware and Highway 105
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.
it
October 6, 2020
Consider authorizing the City Manager to execute an agreement with Beaumont Firefighters'
Loca1399
BEAUMONT
TO: City.Council
FROM: Kyle Hayes, City Manager
MEETING DATE: October 6, 2020
REQUESTED ACTION: Council consider authorizing the City Manager to execute an
agreement with Beaumont Firefighters' Local 399.
BACKGROUND
The proposed agreement is for a four-year period ending September 30, 2024. The salient
changes from the existing contract relate to pension contributions and wages increases.
Currently, the City and the Employee contribute :15.5% of each employee's salary to the pension
fund. The proposed agreement requires, the City to gradually increase the contributions to 18%
by October_2023. The Employee will gradually increase their contributions to 18% by October
2022.
The agreement also provides for wage increases of 3% effective upon signing a new agreement;
3% in year two; 3% in year three and 4% in year four.
The wage increase and increased pension contribution in 2020 (FY 2021) will have an estimated
new cost of $700,000.
FUNDING SOURCE
General Fund.
RECOMMENDATION
Approval of a new agreement.
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 collective bargaining
agreement, substantially in the form attached hereto as Exhibit "A," with the Beaumont
Professional Firefighters' Local 399 commencing October 1, 2020 and expiring
September 30, 2024.
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 6th day of
October, 2020.
- Mayor Becky Ames -
a
October 6, 2020
Consider a resolution approving multiple contracts for the purchase of traffic marking materials
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: October 6, 2020
REQUESTED ACTION: Council consider a resolution approving multiple contracts for the
purchase of traffic marking materials.
BACKGROUND
Bids were requested for annual contracts to supply signage, sign materials, hardware, specialty
paints, traffic control materials and thermoplastic materials for use by various divisions within
Public Works.
Bids were requested from fourteen vendors and three submitted bid responses. Specifications were
divided into eight sections and required that each section be awarded to the lowest qualified bidder
who bid the entire section and complied with the required specifications.
Contracts are recommended as follows:
SECTION
VENDOR
EST. TOTAL AMOUNT
1- Sign Blanks
Osburn Associates, Inc. Logan, OH.
$46,432.00
2- Sign Faces
Osburn Associates, Inc. Logan, OH.
$3,359.00
3- Finished Signs
Osburn Associates, Inc. Logan, OR.
$40,365.20
4- Sheet Material
Osburn Associates, Inc. Logan, OR
$42,285.00
5- Hardware
Trantex Transportation, Houston, TX.
$424,902.50
6- Marking Materials
Trantex Transportation, Houston, TX.
$9,603.50
7- Paint
Trantex Transportation, Houston, TX.
$52,513.50
8- Traffic Control Equip
R&B Supply, Groves, TX.
$29,801.15
TOTAL
$649,261.85
FUNDING SOURCE
General Fund and Capital Program.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
WHEREAS, bids were solicited for annual contracts for the purchase of traffic
marking materials; and,
WHEREAS, the following vendors submitted bids as shown below and in the unit
amounts as shown on Exhibit 'A" attached hereto and made a part hereof for all
purposes:
SECTION
VENDOR
EST. TOTAL AMOUNT
1- Sign Blanks
Osburn Associates, Inc. Logan,
$46,432.00
OR
2- Sign Faces
Osburn Associates, Inc. Logan,
$3,359.00
OR
3- Finished Signs
Osburn Associates, Inc. Logan,
$40,365.20
OH..
4- Sheet Material
Osburn Associates, Inc. Logan,
$42,285.00
OR
5- Hardware
Trantex Transportation, Houston,
$424,902.50
TX.
6- Marking Materials
Trantex Transportation, Houston,
$9,603.50
TX.
7- Paint
Trantex Transportation, Houston,
$52,513.50
TX.
8- Traffic Control Equip
R&B Supply, Groves, TX.
$29,801.15
TOTAL
$649,261.85
; and,
WHEREAS, City Council is of the opinion that the bids submitted by the vendors
for the estimated contract total amount of $649,261.85 as based upon the unit amounts
as shown on Exhibit' A," attached hereto and made a part hereof for all purposes 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 the vendors for annual contracts for the purchase of
traffic marking materials in the estimated total amounts shown above and in the unit
amounts as shown on Exhibit' A," attached hereto and made a part hereof for all purposes
for the estimated total amount of $649,261.85 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 each of the vendors listed above 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- 6th day of
October, 2020.
- Mayor Becky Ames -
BEAUMONT CITY OF BEAUMONT, BEAUMONT, TEXAS
PURCHASING DIVISION BID TABULATION
Bid Name: ANNUAL CONTRACT FOR TRAFFIC MARKING MATERIALS
Bid Number: CF0720-39
Bid Opening: Thursday, September 24, 2020
Contact Person: Cynthia Miller, Buyer II
cynthia. miller(o)beaumonttexas.aov
Phone: 409-880-3757
Vendor
City / State
Phone or Fax No.
OSBURN ASSOCIATES, INC.
LOGAN, OH
740-385-8016
TRANTEX
TRANSPOSTATION
PRODUCTS OF TEXAS, INC
HOUSTON, TEXAS
281-591-6827
R&B SUPPLY
GROVES, TEXAS
N/A
SECTION
DESCRIPTION
1
SIGN BLANKS
$ ,42.00
$0.00
$0.00
2
SIGN FACES
$3359100
$0.00
$0.00
3
FINISHED SIGNS
$_40 365.20
$0.00
$0.00
4
SHEET MATERIAL
42 285.00
$55,089.10
$0.00
5
HARDWARE
$0.00
$0.00
$d24,902:50
6
MARKING MATERIALS
$0.00
$9 603 50
$0.00
7
PAINT
$0.00
$5 5;43.50
$0.00
8
TRAFFIC CONTROL
$0.00
$32,120.75
$29 801.1_
TOTAL BID
$132,441.20
$574,229.35
$29,801.15
AWARDED
$1324,41.20 =_+M_$4£37,,D19,$0
$29,801. 5
Notes: Marked in RED indicates did not bid entire section
No Response: PATHMARK TRAFFIC PRODUCTS, FLINT TRADING CO, EVCO PARTNERS LP BURGOON, ALLIED TUBE & CONDUIT,
VULCAN SIGNS, CUSTOM PRODUCTS CORP.,BLACKTOP INDUSTRIES LLC., ENNIS-FLINT INC., CRABTREE BARRICADE,
ACP INTERNATIONAL DBA SA -SO, KIRKSEY'S SPRINT PRINTING.
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