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Home My WebLink About01/26/2021 PACKETBEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, JANUARY 26, 2021 1:30 PM CONSENT AGENDA Approval of minutes — January 19, 2021 Confirmation of board and commission member appointments A) Approve a resolution accepting the conveyance of a driveway and bridge improvements from Hilcorp Energy Development, LP located approximately 3,380 feet south of Dishman Road B) Authorize the City Manager to execute Change Order No. 4 to the contract with ALLCO, LLC for the Sewer Plant Pump Replacement and Renewal Project C) Authorize the City Manager to terminate a Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the Old Dowlen Road Improvements Project D) Authorize the Mayor to execute a waiver granting permission for the Jefferson County Mosquito Control District to operate aircraft at a low altitude over the City of Beaumont for mosquito control purposes E) Authorize the City Manager or his designee to reenter into a Cooperative Working Agreement with the Rape and Suicide Crisis Center of Southeast Texas, Inc. F) Authorize the settlement of the lawsuit styled Kendrick Williams v. City of Beaumont et al; Cause No. A-204508. BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works/Technology Services MEETING DATE: January 26, 2021 REQUESTED ACTION: Council consider a resolution accepting the conveyance of a driveway and bridge improvements from Hilcorp Energy Development, LP. BACKGROUND On March 17, 2020, City Council adopted Ordinance No. 20-009 approving the annexation of approximately 0.398 acres of land, which includes the bridge at Keith Road, located approximately 3,380 feet south of Dishman Road. On July 21, 2020, City Council approved Resolution No. 20-148 accepting the improvements of the annexed 0.398 acres of land. Hilcorp Energy Development, LP has agreed to convey the driveway and bridge improvements located within the 0.398 acres of land on Keith Road, located approximately 3,380 feet south of Dishman Road to the City of Beaumont. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. CONVEYANCE, ASSIGNMENT, AND BILL OF SALE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § This Assignment is executed this day of January, 2021 and is effective as of September 1, 2019 ("Effective Date"), by HILCORP ENERGY DEVELOPMENT, L.P. ("Hilcorp"), whose mailing address is 1111 Travis Street, Houston, TX 77002 ("Grantor"), and the CITY OF BEAUMONT, whose address is PO Box 3728, Beaumont, TX 77704 ("Grantee"). WHEREAS, Samson Lone Star, LLC ("Samson") and Lower Neches Valley Authority executed a Private Canal Crossing Agreement (the "Agreement") on January 19, 2010 and recorded in the Official Public Records of Jefferson County, Texas as instrument 2011025852 permitting Samson the right to construct, maintain, operate, use and repair a private driveway crossing over the Port Arthur Canal; WHEREAS, Samson constructed a private driveway crossing over the Canal at Station 66+00/N-7 of the Port Arthur Canal (N-7). The driveway crossing the Canal, all appurtenances, equipment, roads and connections related thereto and in support thereof, hereinafter referred, to collectively or separately as "Crossing"; WHEREAS, Hilcorp is the successor in interest to Samson's right under the Agreement; NOW THEREFORE, the Grantor wishes to GRANT, BARGAIN, SELL, CONVEY, and ASSIGN unto Grantee, its successors and assigns, all of Grantor's right, title and interest, if any, in the Crossing and Agreement in addition to agreements which pertain to the Lands or Crossing or the ownership or operation of the Crossing, including, without limitation all letter agreements, operating agreements, easements, licenses and permits, whether or not described in Exhibit "A" hereto. In consideration of the premises and the mutual covenants set forth in this Assignment, to which Grantor and. Grantee agree to be legally bound, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby assigns, conveys, bargains, grants, sells and delivers to Grantee all of Grantor's right, title, benefit and interest in and to the Private Canal Crossing subject to the following terms and conditions: The Crossing is hereby assigned, conveyed, sold and delivered to Grantee, and Grantee hereby agrees- to accept the same, AS IS, WHERE IS AND WITH ALL FAULTS, in its present condition and subject to all faults, including without limitation, any erosion of surface cover, corrosion, deterioration, metallurgical condition, or disrepair, in whole or in part and wherever occurring, and without recourse, covenant or warranty of any kind, express, implied or statutory. Grantor hereby expressly disclaims and specifically negates and Grantee hereby agrees to waive (i) any implied or express warranty of merchantability, (ii) any implied or express warranty of fitness for a particular purpose, (iii) any implied or express warranty of conformity to models or samples of'materials, and (iv) any and all implied warranties existing under any applicable law or regulation, it being the express intention of both Grantor and Grantee that, except as otherwise expressly provided for herein, the Crossing is hereby conveyed to Grantee in its current state of Page 1 of 3 repair, as is and where is, with all faults, INCLUDING, BUT NOT LIMITED TO, THE PRESENCE OF NATURALLY OCCURRING RADIOACTIVE MATERIAL (NORM) AND MAN-MADE FIBERS (1VIlVIF), and that Grantee has made, or has had the opportunity to make, sufficient inspections prior to executing this Assignment as it deems appropriate. Grantor and Grantee agree that to the extent required by applicable law, the disclaimers in this paragraph are conspicuous disclaimers. To have and to hold to Grantee, and Grantee's successors or assigns, forever, so that neither Grantor, nor its successors or assigns, shall have, claim or demand any right or title thereto. Grantor and Grantee agree that this Assignment only applies to the right, title and interest owned by HILCORP ENERGY DEVELOPMENT, L.P. in the Crossing and Agreement as of the Effective Date. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original but all of which together will constitute one and the same instrument. This Conveyance, Assignment, and Bill of Sale is executed by a duly authorized representative of Grantor and Grantee as of the date set forth above, effective for all purposes as of the Effective Date. "GRANTOR" HILCORP ENERGY DEVELOPMENT, L.P. By: Hilcorp Energy Company, Its general partner Curtis with Senior Vice President — Land A6 LOWER NECHES VALLEY AUTHORITY By: Name: Title: "GRANTEE" CITY OF BEAUMONT, TEXAS By: Title: Page 2 of 3 STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on this day of day of January, 2021, by Curtis D. Smith, Senior Vice President — Land of Hilcorp Energy Company, general partner of HILCORP ENERGY DEVELOPMENT, L.P., a Delaware limited partnership, on behalf of said limited partnership. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this Texas. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this Authority. Notary Public, State of Texas RYAN BROOKS roe�%Notary Public. State of Texas Comm. Expires 10-15-2024 Notary ID 132731123 day of January, 2021, by of the City of Beaumont, day of January, 2021, by of the Lower Neches Valley Page 3 of 3 City of Beaumont 0,398 Acre Annexation Area In The A. Huston Survey, Abstract No. 33 Beaumont, Jefferson County, Texas All that certain tract of land lying and being situated in Jefferson County, part of the A.Huston League, Abstract No. 33 and being a part of that certain 100 foot wide right of way, conveyed to the Lower Neches Valley Authority and described as "Strip No. 2" in that certain document filed In Volume 948, Page 160 of the Deed Records of Jefferson County, Texas and including a 150 foot long strip of that Easterly portion of the Keith Road right of way located between the East edge of the existing pavement of Keith Road and the East right of way line of Kelth Road. COMMENCING at a point at the intersection of the South line of Dishman Road and the East line of Keith Road, a 60 foot wide right of way, and being the West line of said Lower Neches Valley Authority right of way; THENCE North 87° 08' 41" East along and with the South line of said Dishman Road for a distance of 100.00 feet to a 3/4!' inch Iron rod found in the East line of said Lower Neches Valley Authority right of way and being the West line of that certain called 200 acre tract as described In that certain instrument recorded in County Clerks File No. 98-9829841 of the Official Public Records of Jefferson county, Texas and being the current West boundary line of the City limits of Beaumont, Texas; THENCE South 62043' 05" East along and with the East line of said Lower Neches Valley Authority tract and the West line of said 200 acre tract for a distance of 3311.48 feet to the POINT OF BEGINNING of the herein described tract; THENCE South 02' 43' 05" East continuing with the East line of said Lower Neches Valley Authority tract and West line of said 200 acre tract, at 113.68 feet past a 3/4th inch rod found for the southwest corner of said 200 acre tract and being the northwest corner of that certain 209.07 acre tract conveyed to Jefferson County Drainage Distract No.6 as recording in County Clerks Fite No. 103-06-2396 of the Real Property Records of Jefferson County, Texas and continuing for a total distance of 150.00 feet to the southeast corner of the herein described tract; THENCE South 87" 16' 55" West, at 100 feet pass the East right of way of Keith Road and continue for a total distance of 115.61 feet to the southwest corner of the herein described tract at the east edge of the existing pavement of Keith Road; THENCE North 02°43' 05" West with the east edge of pavement of Keith Road for a distance of 150.00 feet to the northwest corner of the herein described tract; THENCE North 87° 16' 55" East for a distance of 115.61 feet back to the POINT OF BEGINNING and continuing 0.398 acres of land, more or less. EXHIBIT "A" PHELAN VICINITY MAP BCALB: H.T.S. DISHMAN ROAD FND 3/4'IRON ROD NW COR. BROUSSARD 200 AC TRACT w 0*40 41-M m !IN EF1 eHi .11 N ST 08' 41" E 100,00' EX. CITY LIMITS I 80' LNVA .O.W. 100' R.O.W. STRIP No, 2 ; REMNANT OF OL. 948 PG. 160-BROUSSARD TRACT" D.R. of J.C., T. "200.00 ACRES" CCF No. 98-9829841 �. w O.P.R. of J.C., T. Z N 10 w N87° 5 "E 115.61' H I Q �o O b r. ti I W EXISTING o � CONCRETE BRIDGE � o I FND t/I4" IRON R00 I SV1 CdR SROUSSARD 1r iV 200 AC TRACT r L Q . CITY of BEAUMONT ANNEXATION BEWO 0.398 ACRES our of THB A. HUSTIDN SURM, ABSTRACT NO. 33 REAUMONT. JEMMON COUNTY, TM9 �GG0�.• � i a SCALE: 1 a 40' f �SCHAUMSURG & POLK,as ! . Ham,- Tm rb+xgm.dm�F°oo6au X Haan rat" Ban,,&aw,mt7rrmTn07 °,� 4DUMG341 P-4D9DaB=)'F 0 Ci+ppWt9D2D Z RESOLUTION NO. WHEREAS, Hilcorp Energy Development, LP has agreed to convey driveway and bridge improvements located within the 0.398 acres of land on Keith Road, located approximately 3,380 feet south of Dishman Road in the City of Beaumont, Jefferson County, Texas as described and shown in Exhibit "1," attached hereto,; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and is in the best interest of the City of Beaumont and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT driveway and bridge improvements located within the 0.398 acres of land on Keith Road, located approximately 3,380 feet south of Dishman Road, City of Beaumont, Jefferson County, Texas as described and shown in Exhibit 1," attached hereto, be and the same is hereby, in all things, accepted for the stated purposes; and, THAT the City Manager is hereby authorized to execute the necessary documents accepting the conveyance. 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 26th day of January, 2021. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: January 26, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 4 to the contract with ALLCO, LLC. for the Sewer Plant Pump Replacement and Renewal Project YM1 1►1.1 On March 19, 2019, by Resolution 19-063, City Council awarded a contract to ALLCO, LLC, of Beaumont, for the Sewer Plant Pump Replacement and Renewal Project in the amount of $974,960.00. Previous Change Order Nos. 1-3, in the amount of $138,000.00, are attached for your review. Proposed Change Order No. 4, in the amount of $12,603.00, is necessary to address the existing four (4) pump pedestals on the project. It was discovered during construction that the existing pedestals need additional support which will effectively secure the work already completed on the pump replacement. If approved, an additional 14 calendar days will be added to complete the work, and the new contract amount will be $1,125,563.00. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. RESOLUTION NO. 19-174 WHEREAS, on March 19, 2019, the City Council of the.City of Beaumont, Texas passed Resolution No. 19-063 awarding a contract in the amount of $974,960.00 to Allco, LLC, of Beaumont, Texas, for the Sewer Plant Pump Replacement and Renewal Project; and, WHEREAS, Change Order No. 1, in the amount of $138,000.00, -is required to provide the replacement of one (1) additional high flow pump and one (1) motor due to the condition of the existing unit; and, an additional thirty (30) days for the installation, thereby increasing the total contract amount to $1,112;960.00; 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, approvdd and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 1, in the amount of $138,000.00 for additional work described above, thereby increasing the total contract amount to $1,112,960.00 for the Sewer Plant Pump Replacement and Renewal Project; and, 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. ti PASSED BY THE CITY COUNCIL of the City. of Beaumont this the 20th day of August, 2019. �ti�y4 Mayor Becky Ames - CITY OF BEAUMONT Date: January 20, 2021 Project: Sewer Plant Pump Replacment County: Jefferson District: Beaumont Contract Number. BID NO. M1219.06 Owner City of Beaumont Contractor ARco C.O. No.: 4 THE FOLLOWING CHANGE§ IN THE PLANS ANDIOR SPECIFICATIONS ARE HEREBYWbIE.- Due to the degrading concrWon of 0te etdang pump pedestals, repairs are needed to ensure that they are able to support mcisfing discharge piping. Item No. Rem Code DESCRIPTION Unit Original Change In Unit Price Total ADD 9 2000 Headwaft Pump Pedestal Modifications LS D 1.00 $ 12.603.00 $ 12.603.00 TOTAL AMOUNT OF THIS CHANGE ORDER $ 12,603.00 14 WORKING DAYS WALL BE ADDED TO THIS CHANGE ORDER. ORIGINAL CONTRACT AMOUNT: NET FROM PREVIOUS CHANGE ORDERS: TOTAL AMOUNT OF THIS CHANGE ORDER: PERCENT OF THIS CHANGE ORDER: TOTAL PERCENT CHANGE ORDER TO DATE: NEW CONTRACT AMOUNT: CONTRACT TIME ORIGINAL CONTRACT TIME: ADDITIONAL CONTRACT TIME PER C01: ADDITIONAL CONTRACT TIME PER C04: REVISED CONTRACT TIME PER THIS CHANGE ORDER: ACCE ED BY: 1 Zo Z CO, LLC _ DATE REVIEWED BY. AMALJA DATE CITY ENGINEER APPROVED BY. $ 974,960.00 $ 138,000.00 S 12,603.00 1.29% 15.45% $ 1,125,563.00 300 calendar days 30 calendar days 14 calendar days 344 Calendar days PREPARED BY: f � x- 1/t/, JOHN PIPP S II, EIT, DATE WATER IJ71LMES DESIGN MANAGER R EVIZ i-lza-z/ OYNAK DATE DIRECTOR OF PUBLIC WORKS 6 TECHNOLOGY SERVICES ATTESTED BY. KYLE HAYES DATE TWA BROUSSARD DATE CITY UANAGER CITY CLERK CITY Or UEAtAIOnT Bull I November 6, 2010 Pruicel t Sotur Plonl Pump Ileplaremml mul Iteuaml Cannly I Jcrfwion Ublrkl I Demmnoul Caulrnd Numbers DIUNO. W1132r0.06 Owrirr i Cily of Itrmnnonl Canlrndnr t ALLCO, LLC Change Otrler e J °TII¢RO1L01VINOCl1ANfiFSlflTll!IAN§hNp/0R.✓;PP,i(+If,CTlgt�5i11i4B1It 0YglAUks The dolma. impelleripccifled for ilia 10 MOD licedsvouks pomp►1" dolnpcd in pfodaction, II Ispropwil HIM 111010 Mal)Hasdivorks pomp will lie fitted ►4 01 a 19111purmyeast11011 hntwller, will n Dalmnn coating, Ilia gist east Iran impallerreeaived hytho City ism installed and oxpedenctd dounago duo In war unknown enure. A second 0ebono conled call inns hnpaller wilI ba lunlnlled n1110 cost to Iho City until Iho spael0ed tnonza luspollerontsvtTho Ilrom (Integer will bo Installed and lite cast itun hopullair tamoved for storage at Rio jivasto water Irgalment plant III no cost to ilia City. The new lftdi torpuntpspecified toreplaceIlia existing llumpfit Pic ►wide scalt[IOalmcnt pinnl was Incorrectly aizcd.To remedy Iho situation, Allco will Oust Quo disclitugo piping. Ilia adju}Imcnl includes hlsiolilng a nawspaal pleceotd reconsintctionafoportion orilia concrete suspenuGotlwall, fit ordartoaccanodoleilia disbhrugepiping. Tito work on Oils chongootderIsbefngtimidedandpodbrinedby die contractor at no cost (O lho City. 11caINa. i1tlllCadc Deaerlpllon Unll Orlghml0uanlll -change In Oannlll Unit Pflcc Total Auu Cal lion lmpoilel- Bell ona Coiled For the l0 hlao l teadnwin Pump 7 20000 Unh,InClArwlnrlallmlonmid Rglscemenlwith Monte Impetler DACH 0 1 S S - OnccCasl Belittling Coneme Wail wwilh 4000 PSI Concrete, Moiddn0 UxIIQng 8 2a000'RebirRoinfarermenl,imWl Five FootlAnOPiefabdcatidFlange to F.ACII, 0 1 S - L - FliosePipoSpool TOTAL S , n11'OitltlNh'OAYSiQILI.UFADDEDTOT1USdMNQEQIiiIFJt -. 0I110INALCONTRACrAb1OUNTs S 074960,00 NhT FROM PREVIOUS CHANGE ORDERS I S 139,4100,00_ TOTAL AMOUNT OFTHIS CHANGE OHUFR I S PERCENT OP THIS CUANCE ORDER I O.00SG TOTAL PERCENT CUANOp ORDERS TO DATE t 14,15 NEW COATRACTAMOUNT I S 1,i12,966.ao nl:cl. JI G/Zo AIJ.CO, .i,C-1tpP DATA tLC0.11bII4Np1 BY; ` h 1 PAIL n>•PnovEoev: 1 (` ,t L KYI.0 HAYLIS DATO CiTY blANAGMt //-/G - z o rs7Duny: ABROUSEARD LAMAM M i116eao CiTY Cl me C Ty OF DEAUMONT DATE1 Ma120,2020 PROSECr, SMWFI.nlWmp Replamannl and R"Cr J 01YHPRI CIVGV EAUAIONT CON211ACTOR: AUco LLC CHARGE ORDER: } TAEPOLLOIYING CHANOES RI=EPLAHS ANDIORSPRCIMCATIONS AREHM=YArADE: 71l:ChmSo O,derin. ada Onaddition vf116 mkoda:dofs to ft Contract to a¢mmlfordelayrd rinS:hx:abml0al pm mfmmdia:mOofn:Daer, r 1 .I ff=I pESCIIII�SlON UNIT DIDQUAN= ACTOALQUAN711Y UWP1RCE CHANGEORDMANOUNT H0. CODE S is TCm4wouarlmlyu TROMT.Emc CT ORIGINAL CONDIACTADIOUPIT: NETF/Iourn YI0U5 CHANGE ORDERS: TOTALAEIOUNTOFMIS CHANGE ORDER: PERCENT 09=3 CHANCE ORDER: IN CALENDARDAYS WILLDEADDED TO THECOMRACP S 21- zo S 774,960,OD S I20,000.00 S 0.00Y. IMSY. S 1,2129I0.0D 7c)MOOMMIDm I 26t10NMAWAOER . CITY OF BEAUMONT DATE: 3o1J 29 2019 PROJECTS =FL l—p Replammenl and Remmal OWNERr. CITYOFVEAUMONT COt47R XCTOR: llleoLLC CHANGEORDERt 2 - 'THE FOLL;OVMG CHANGES .IN TIM PLANS AND/OR SPE6R7CAT10NS ARE AkkEWid"m Include an 00011211 eety high flow pump and'mator in the Conb=t.This tLange is based on the current condition lti0o of thnraoainmg high flow pimps Aditeltte CmnV::dien hem. ,W-t1 m iiiit-I %. V--.. ->7fiM NO., 17 m CODE DESCRIPTION UPBT 'BID QUANTITY ACTUAL'QUANflTY UNITPRICE CHANCE ORDER 4 _ Purdwe mid lrtstaB New H%b Flow Pomp end Motor(Row:erae Model AMOUNT 2LAFV-DL 1 or E ! 20D S l340040D S l34000.00 TOTAL AMOUNTADDED TO. THECONTRACT S '134kOOD.00 ORIGINAL COPTIRACTAMOONT: NET FROM PREVIOUS CHANGE ORDiRS TOTAL AMOUNT OF THIS CHANGE ORDER s PERCENT OF THIS CHANGE ORDER:. TOTAL PERCENT CHANGE OgDERS TO DATE: NEW CONTRACT AMOUNT, CONTRACfTME, .. OrI&W ConbadtTone: 300. CAangeOrderNa. 1: 30 . Revised: Contract Time: 330 R6CWAdEHDta BY: DR tdA1DALANLP WORKSOMECMit APPROVEDDY: l L KYLEIIAYF3.CRYtdAtUOSR 5 57060A0 S S 13S,000.00 14.15% I4.15Y S .1.112.960AD PWARFDOY: (v. PWW w. MWAM n mm 0 RESOLUTION NO. WHEREAS, on March 19, 2019, the City Council of the City of Beaumont, Texas passed Resolution No. 19-063 awarding a contract in the amount of $974,960.00 to Allco, LLC, of Beaumont, Texas, for the Sewer Plant Pump Replacement and Renewal Project; and, WHEREAS, on August 20, 2019, the City Council of the City of Beaumont passed Resolution No. 19-174, Change Order Nos. 1-3, in the amount of $138,000.00, were required to provide the replacement of one (1) additional high flow pump and one (1) motor due to the condition of the existing unit; and, an additional thirty (30) days for the installation, thereby increasing the total contract amount to $1,112,960.00; and, WHEREAS, Change Order No. 4, in the amount of $12,603.00, is requested to address the existing four (4) pump pedestals on the project which was discovered during the construction that the existing pedestals needed additional support which will effectively secure the work already completed on the pump replacement; and, an additional fourteen (14) calendar days will be added to complete the work; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 4, in the amount of $12,603.00 for additional work described above, thereby increasing the total contract amount to $1,125,563.00 for the Sewer Plant Pump Replacement and Renewal Project; and, 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 26th day of January, 2021. - Mayor Becky Ames - C BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: January 26, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to terminate a Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the Old Dowlen Road Improvements Project I � • _` I JO -17 On July 24, 2007, by Resolution No. 07-219, City Council authorized the City Manager to execute a Local Transportation Project Advanced Funding Agreement with TxDOT for the Old Dowlen Road Improvements Project. Previous Amendment No. 1 was executed by the City Manager to modify the Environmental Assessment and Mitigation responsibility from the State to the City. Discussions with Chad Bohne, TxDOT representative, revealed that there are no earmark funds tied to this project. It was originally planned to be funded using discretionary district funding from that budgetary cycle. With that understanding it was agreed that it was best to close this project out. Proposed Amendment No. 2, in accordance with Article 2.a of the Master Advance Funding Agreement, would terminate the agreement entered on September 7, 2007. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 07-219 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the Old Dowlen Road Project. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. 2007. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of July, C� 1� Ma r Becky Ames - I� 1�1 STATE OF TEXAS § COUNTY OF TRAVIS § CSJ # 0920-38-178 District # 20 Code Chart 64 # 03200 Project: Old Dowlen Rd. Improvements Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development ADVANCE FUNDING AGREEMENT AMENDMENT # 2 THIS AMENDMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, called the State, and the City of Beaumont, Texas, acting by and through its duly authorized officials, called the Local Government. WITNESSETH WHEREAS, the State and the Local Government executed a contract on the 7th day of September, 2007 to effectuate their agreement to reconstruct Old Dowlen Road from State Highway (SH) 105 south to Dowlen Road; and, WHEREAS, the State and the Local Government executed Amendment No. 1 on the 8th day of September, 2009 to amend the project's scope of work; and, WHEREAS, it has become necessary to amend that contract. NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, the State and the Local Government do agree as follows: AGREEMENT 1. Description of Amended Items In accordance with Article 2.a. of the Master Advance Funding Agreement between the City of Beaumont and the State, this agreement will terminate effective when signed by the last party whose signing makes this amendment fully executed. 2. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. AFA Amend Page 1 of 2 Revised 02/20/2019 CSJ # 0920-38-178 District # 20 Code Chart 64 # 03200 Project: Old Dowlen Rd. Improvements Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development Each party is signing this amendment on the date stated under that party's signature. THE LOCAL GOVERNMENT Signature Typed or Printed Name Title Date THE STATE OF TEXAS Kenneth Stewart Director of Contract Services Texas Department of Transportation Date AFA Amend Page 2 of 2 Revised 02/20/2019 STATE OF TEXAS § COUNTY OF TRAVIS § CSJ # 0920-38-178 District # 20 Code Chart 64 # 03200 Project: Old Dowlen Rd. Improvements CFDA #: 20.205 ADVANCE FUNDING AGREEMENT AMENDMENT #1 THIS AMENDMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of Transportation, hereinafter called the State, and the City of Beaumont, Texas, acting by and through its duly authorized officials, hereinafter called the Local Government. WITNESSETH WHEREAS, the State and the Local Government executed a contract on the 7'h day of September, 2007 to effectuate their agreement to reconstruct Old Dowlen Road from State Highway (SH)105 south to Dowlen Road; and, WHEREAS, it has become necessary to amend that contract; NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, the State and the Local Government do agree as follows: AGREEMENT Article 1. Description of Amended Items Originally, the State had intended to carry out the environmental assessment and mitigation (Article 7) and provide the architectural and engineering services (Article 9) for the project. However, following recent discussions between the State and the Local Government, it has been decided that the Local Government will administer these responsibilities. The Local Government has paid the State $100,000.00 for the development of preliminary engineering. The estimated cost to the State for reviewing the preliminary engineering prepared by the Local Government is $5,000.00; therefore, the State will reimburse the Local Government $95,000.00 upon execution of this amendment. Article 7 is replaced with: "Environmental Assessment and Mitigation will be carried out by the Local Government." Article 9 is replaced with: "Architectural and Engineering Services will be,provided by the Local Government, as stated in the Master Agreement, without exception. The Local Government is responsible for performance of any required architectural or preliminary engineering work. The State may review and comment on the work as required to accomplish the public purposes of the Local Government. The Local Government will cooperate fully with the State in accomplishing these local public purposes to the degree permitted by State and Federal law." Article 12 (d) is replaced with: "Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering review for the project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs." Attachment C is voided in its entirety and replaced with the attached Attachment C1. All other provisions of the original contract are unchanged and remain in full force and effect. Article 2. Signatory Warranty The signatories to this amendment warrant that each has the authority to enter into this agreement on behalf of the organization they represent. AFA-AFA Amend Page 1 of 3 Revised 10/23/08 IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to effectuate this agreement. THE LOCAL GOVERrNMENT 1 Name of LocM Government By Signature y/L A-VL! Printed Narle L: 1, a144^d v Title JW S• ZI-01 Date THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation mmission. Janice Mu lenix Director of Contract Services Title Date AFA-AFA Amend Page 2 of 3 Revised 10/23/08 ATTACHMENT C1 BUDGET ESTIMATE AND SOURCE OF FUNDS The Local Government will participate in the cost of the reconstruction of Old Dowlen Road from State Highway (SH) 105 south to Dowlen Road as shown in Attachment B. This roadway will be reconstructed as a four (4) lane facility. The Local Government's participation is 100% of the right-of-way, utility adjustments, environmental, preliminary engineering and preliminary engineering review costs for these improvements. Federal funds will cover 80% of the construction costs for the improvements up to a maximum Federal share of $4,000,000.00 for the entire project. All remaining construction costs will be paid by the Local Government. The State has estimated the project to be as follows: Total Description Estimate Cost Federal State Local Participation Participation Particl ation Cost �° Cost % Cost PRELIMINARY ENGINEERING COSTS Environmental $15,000.00 0% $0.00 0% $0.00 100% $15,000.00 Preliminary Engineering $400.000.00 0% $0.00 0% $0.00 100% $400,000.00 Preliminary Engineering Review $5,000.00 0% $0.00 0% $0.00 100% $5.000.00 Subtotal S420 000.00 $0.00 $0.00 $420,000.00 CONSTRUCTION COSTS Construction $5,000.000.00 80% $4,000,000.00 0% S0.00 20% $1,000,000.00 Direct State Costs (including plan review, inspection and oversight) $575.000.00 0% $0.00 0% $0.00 100% $575,000.00 (Estimated at 11.5% of construction Indirect State Costs (no local participation required except for S238,500.00 0% $0.00 0% $238,500.00 0% $0.00 service projects. Estimated at 4.77% of construction Subtotal $5,813,600.00 $4,000,000.00 $238,500.00 $1,576,000.00 TOTAL $6,233,500.00 $4,000,000.00 $238,500.00 $1,995,000.00 First Payment due prior to $5,000.00 PSBE review by State Second Payment due 60 days ;1,576,000.00 prior to the project fettin Direct State Costs will be based on actual charges. Local Government's Participation = $1.995,OOb.00 It is further understood that the State will include only those Items for the improvements as requested and required by the Local Government. This is an estimate only, final participation amounts will be based on actual charges to the project. AFA—AFA Amend Page 3 of 3 Revised 10/23/08 STATE OF TEXAS § COUNTY OF TRAVIS § CSJ # 0920-38-178 District # 20 Code Chart 64 # 03200 Project: Old Dowlen Rd. Improvements LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For a District Discretionary Project (Off State System) THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the City of Beaumont, Texas, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, a Master Agreement between the Local Government and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA; and, WHEREAS, the Texas Transportation Commission passed Minute Order 110753 that provides for the development of, and funding for, the project describe herein; and, WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by resolution or ordinance dated -� - Za "o 7 , which is attached hereto and made a part hereof as Attachment A for development of the specific project which is identified in the location map shown as Attachment B. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. The period of this LPAFA is as stated in the Master Agreement, without exception. 2. Termination of this LPAFA shall be under the conditions as stated in the Master Agreement, without exception. 3. Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. 4. Scope of Work. The scope of work for this LPAFA is described as the reconstruction of Old Dowlen Road from State Highway (SH) 105 south to Dowlen Road as shown in Attachment B. This roadway will be reconstructed as a four (4) lane facility. 5. Right of Way and Real Property shall be the responsibility of the Local Government, as stated in the Master Agreement, without exception. Page 1 of 7 6. Adjustment of utilities will be provided by the Local Government as required and as stated in the Master Agreement without exception. 7. Environmental Assessment and Mitigation will be carried out by the State. 8. Compliance with Texas Accessibility Standards and ADA will be as stated in the Master Agreement, without exception. 9. Architectural and Engineering Services will be provided by the State, as stated in the Master Agreement, without exception. The State is responsible for performance of any required architectural or preliminary engineering work. The Local Government may review and comment on the work as required to accomplish the public purposes of the Local Government. The State will cooperate fully with the Local Government in accomplishing these local public purposes to the degree permitted by State and Federal law. 10. Construction Responsibilities will be carried out by the State, as stated in the Master Agreement, without exception. 11. Project Maintenance will be undertaken as provided for in the Master Agreement, without exception. 12. Local Project Sources and Uses of Funds a. Project Cost Estimate: A Project Cost Estimate is provided in Attachment C. Any work done prior to federal authorization will not be eligible for reimbursement. It is the Local Government's responsibility to verify with the State that the Federal Letter of Authority has been issued for the work covered by this Agreement. b. A Source of Funds estimate is also provided in Attachment C. Attachment C shows the percentage and absolute dollar amount to be contributed to the project by federal, state, and local sources. c. The Local Government is responsible for all non-federal and non -state funding, including all project cost overruns, unless provided for through amendment of this agreement. d. Prior to the performance of any engineering work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering for the project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. e. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. f. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement. g. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the local Page 2 of 7 government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. h. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 13. Document and Information Exchange. The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. 14. Incorporation of Master Agreement Provisions. This LPAFA incorporates all of the governing provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final execution of this LPAFA, unless such MAFA provision is specifically excepted herein. 15. Insurance. If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 16. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT (Signature) C, 1 M Title: 7 4.,c t/ Date: Page 3 of 7 THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders; established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. ' nice MulleiiiA irector of Contract Services Section Office of General Counsel Texas Department of Transportation Date: C7 Page 4 of 7 ATTACHMENT A RESOLUTION OF LOCAL GOVERNMENT APPROVING THIS-LPAFA Page 5 of 7 ATTACHMENT A RESOLUTION NO. 07-219 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the Old Dowlen Road Project. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. 2007. PASSED BY THE CITY COUNCIL of the, City of Beaumont this the 24th day of July, Ma r Becky Ames - Ro +�_w 2005 mapouest.com, Inc.; Q 2005 Tele 53, Atlas ATTACHMENT B PROJECT LOCATION MAP LIVE 3,OM D Chinquapin Ln _ o e ate S°'o . DO5 tttyuY`"� b IAarkdale ",Odom Rd 0 lip Collier St E Project b, End Projec L`� I j Page 6 of 7 ATTACHMENT C BUDGET ESTIMATE AND SOURCE OF FUNDS The Local Government will participate in the cost of the reconstruction of Old Dowlen Road from State Highway (SH) 105 .south to Dowlen Road as shown in Attachment B. This roadway will be reconstructed as a four(4) lane facility. Based on the Funding Category 11, the Local, Government's participation is 20% of the preliminary engineering costs for these improvements. The remaining costs for this item will be funded 80% by federal funds. Federal funds will also cover 80% of the construction costs for the improvements up to a maximum Federal share of $4,000,000.00 for the entire project: All remaining construction costs will be paid by the Local Government. The State- has estimated the project to be as follows: Description Total Estimate Cost Federal Partici ation State Participation Local Participation % Cost % Cost % Cost, PRELIMINARY ENGINEERING,COSTS Preliminary Engineering $500,000.00 80% $400,000.00 0% $0.00 20% $100,000.00 sutit'otaC' _ s500, 0li:oti : sa0o,000 00 ' $0 oo. S� o0 oao.ao . CONSTRUCTION COSTS Construction $5,000.000.00 $3,600,000.00 0%. $0.00. $1,400,000.00 Direct .Slate Costs (including plan review, Inspection.and oversight) (Estimated at 121k of construction) $600,0001.00 0% $0.00 0% $0.00 100% $600,000.00 Indirect"State Costs (no local participation required except for service ro ects $0.00 0% $0.00 0% $0.00 0% $0.00 ySu6ota1,;$3,600,000.00;a �.�iS000 ,K;,'`"$2,01]0,000.00: TOTAL $6,100,000.00 $4,000,000.00 $0.00 $2,1.00,000.00 * - The breakdown for the Construction cost.is as follows: $5,000,000.00 - total cost $3,600,000.00 - federal participation which will be matched by local funds $1,400,000.00 - local participation based on a local match of the federal funds 80%/20%) in the amount of $900,000 and a local contribution in the amount of $500,000 to fund the construction cost overrun at 100%. Direct State Costs will be based on actual charges. 'Local Government's Participation = $2,100,000.00 It is understood that the proposed improvements will be done by the State and the Local Government will transmit to the State with the return of this Agreement, executed by the Local Government, a warrant or check in the amount of $100,000.00 made payable to the "Texas Department of Transportation Trust Fund" ,to be used solely for the cost of improvements as requested by the Local Government. It is further understood that. the State will include only those items for the improvements as. requested .and required by the Local Government. This is a construction estimate only, final participation amounts will be based on actual charges to the project: Page 7 of 7 STATE OF TEXAS §R;i COUNTY OF TRAVIS § MASTER AGREEMENT GOVERNING. LOCAL TRANSPORTATION PROJECT ADVANCE FUNPING�AGREEMENTS Q'I,NA-L-� THIS MASTER AGREEMENT{MAFA) is made by and between the State of Texas;, actingty and through the Texas. Department' of Transportation hereinafter called the "State", and the City of Beaumont, Texas, acting by and through its duly authorized officials; hereinafter -.called the "Local Government." WITNESSETH 1NHERtA$, the lntermodal Surface Transportation and Efficiency: Act of 1991 QSTEA) ,and the Transportatfon Equity Act for the list Centur1.y (TEA 21,) codified under Tile. 23 US.C. Sectlori 1 U1 et seq., authorize transportation p,rogram's to meet `the challenges of protecting. and enhancing communities -and the natural environment and advancing the nation's economic growth and edmpetitiveness; and WHEREAS, ISTEA and TEA=21 establish federally funded programs for:transportation.improvements to.implerrienfits public purposes;:.and WHEREAS, Titls'.23 U.S.C. Section 134-reiluires that Metropolitan Planning Organizations and the States' Transportation Agencies to d._evelop..transportation:plans and programs .,for.uirb'anized :areas of the. State; and WHEREAS, the Texas Transportation Code, Sections:20.1.103 and 222.052 .establish that -the .State shall design, construct -and operate a systein'of highways"in cooperation with local governments -and WHEREAS, federal and state laws require local governments to meet certain contract standards reiating to,the mariagement:and administration of .State and federal funds; and WHEREAS; the, governing -terms of this Master Agreement will: provide for efficient and effective contract administration of the: t}rpes of -Local Project -Advance Fundin_ g Agreements (LPAFA)'listed in Attachment A; and, WHEREAS; the. Texas Government .Code, Section 441.189 allows any state record to be created or stored eleetronically in' accgrdance with standards and procedures. adopted as' administrative rules of the Texas -State ,Library and Archives ,Commission, and. WHEREAS, the Goveming Body of the: Local Government has, approved entering into this. Master Agreement by resolution or ordinance, Which is attached ' hereto and made 'a part of this Master Agreement as Attachment 6: NOW, THEREFOAE,an consideration bf the.premises.and ofi the'mutualcovenants and agreements of .the :parties; hereto; to be��by them, respectively'kep# and perforrIned as hereinaI ter set forth; :it is agreed as follows: AGREEMENT 1..Period .af the,Agreements This Master -Agreement and the Local Project Advance :Funding, reemerits (LPA -As) subject to this: Master Agreement -become effective:when signed by th'e`last;party whose signing makes the- Page 1 of'12, respective .agreements fully executed. This Master Agreement shall remain in effect- until terminated as provided in Artiole.2. 2. Termination of this. Master Agreement. This "agreement .may be terminated by any the following conditions: a'. by mutual written, consent and agreement of all parties. b, by any party with 9i1 days written notice_ [f this Master Agreement is terminated" under this -clause, all existing, fully .executed LPAFAs made under this Master A_gredment', shall automatically lncorporat6 all the provisions of this Master Agreement. c. by either :party; upon" the failure ofl the" other ocitty to fulfill . the: obligations as set forth in .this Master Agreement. & Termination of,the Local Project Advance Funding Agreement(LPAFA) An LPAFA shall remain in effect:until the project is.completed and,accepted'tyall parties,.,unless: .a. the agreement is terminated in witting 'With the mutual'consent of the.parties, or; b. because iofi a : breach of, this Master Agreement or a breach of the Local Project ;Advance Funding Agreement. Any co'st' incurred due to a breach iof contract shall be. paid :by the breaching party. c. After the PS&E the local govemment�may elect not to provide,the funding"and.ttie projeetdoes notI.proceed "because bf dsufficient funds; the local govemmertt.agrees. to. reimburse the State :for,its .reasonable actual, costs incurred. during he project. d. Conditions:far termination as specified .in .the. LPAFA are fulfilled; 4. 'Amendments: a,, Amendment of this Master Agreement by .Notice with Mutual Consent: The State may notifytheLocal Government of :changes in. this Muster Agreement'"resultirig from changes In .federal or state laws or rules ,or regulations and these changes in the. Master Agreement shall be incorporated :into this agreement 'unless the Slate. is notified by the -L.ocal 'Government within 60 days. From time to time; the - State may issue. numbered restatements of this:MAFA to.wholfy-reflect its amendments.- b. This :Master Agreement may: tie. amended, due to .changes in the "agreement -or the responsibilities of the part'ies.:Such.amendineni,must be made through -a mutually `agreed' upon,; written amendment that isexecuted by the parties. c: The notice: of amendment and the amendment.;to tills Master Agreement' may be in an electronic, form to the extent permitted by law and after a prior"written co.nser t of°the'parties to this agreement.is made: d.' Amendments to the LPAFAs .due to changes w `in the character of the,Work or terms of the agreement, or responsibilities of the parties relating to,a spedific,project. governed under this Master Agreement may be enacted through a mutually agreed upgn; written amendrinentto the. LRAFA.. 5. Remedies This agreement shall not' be considered as specifying the exclusive remedy for any agreement default, but:'all remedies existing at law and in equity may be availed ,of by either p' arty to. this agreement -and' ih'al1 be Cumulative. 6. utiilties If the_ required .right of way encroaches upon existing utilities and the proposed project requires. their adjustment, re rmoval`or'relocatlon,�the Local Government will"be-res ' risible for deterinining the scope of utility work -and , notrFy, the appropriate utility company to schedule adjustments; unlese"specified.otheiwise in a"specific LPAFA under other provisions of this' NAFA The Local" Government; shall be responsible 'for the `.adjustment; removal o"r. relocation of utility facTitieS in' accordance with applicable' State laWS, regulations, rules, policies and procedures. Page 2.of 1'2 This includes, ;but is not limited to: -43 TAC §:15.55 relating to Q' struction Cost Participation; 43 TAC §21:21 relating to State Participation in Relocation, Adjustment, andlor Removal of Utilities; and, . 3 TAC§ '21 31 et seq., relating .to Utirrrty Accommodation. -The Local: Governr-nent- will ,be responsible for,ail costs associated with "additional-adjustment,'removal, or relocation during the construction of�the project; unless this work. is provided by the owners of the utility facilities: a. per agreement; b:.per all applicable statutes or rules,.or; C. 'as-specified:otherwise ift-a.LPAFA. Pfi& to, letting a construction, contraot'for a 'local .project, a 'utiliity certification must be made available to the State upon •request stating that all utilities -needing 'to be.adjusted for completion of the construction activity; have been adjusted. 7. Environmental Assessment and Mitigation Development "of a local transportation project mustcomply with the National Environnierital Policy Act and the National Historic Preservation Act �of 1968i -which "require environmental clearance of federal -aid -projects. a. The Local; Government' is responsible -for the identification and assessment .of any environmental problems associated with the development of a local project governed by this_ agreement; unless provided for otherwise in the. specific project agreement: b. The Local Go"vemment ls. responsibld for the cost of :any, environmental: problem's, mitigation and remedi�ation, unless provided for otherwise inthe.specific project agreement: -c: The Local ,Government is responsible for providing any public meetings or public hearings required fob development of the environmental.:assessment, unless provided'for otherwise in the.specmfic project agreement. d. The Local ; Government" Shall provide the State -with written certification. "from -appropriate regulatory agency(ids) thatidentified environmental problems have been rerne'diated,, unless provided fo`r otherwise in the.specific,project agreement; S. Compliande.with Texas'Accessibility Standardsvrid ADA All. parties to 'this agreerient'shall ensur® that the plans"for and the construction' of all projects subject to this Master Agreement are in,comPliance'with the Texas Accessibility Standards(TAS) issued by the'i-exas Department" of Licensing and; Regulation,;,undee'the A"-hitecf_ -dBamers Act; Article 91o2, Texas Civil.'StatUfbs, The TAS establishes minimum accessibility requirements to be consmstenf--with minimum accessibility requirements' of .the Americans with Disabilities Act -.9. Architectural, and Engineering Services Any party to -this contract'may have, responsibility for effecting,,the performance of .architectural and engineering services. Or, the parties may agree to 'be individually responsible for portions of this work, ThetLPAFA,shall define the party responsible -for performance of this. work. The :engineening plans shall . be developed. in accordance with the applicable States 5_ `tandard Specir cafions, for Construction and Maintenance of Highways; Sfeeefs and Bridges," and: the special specifications,and `special -provisions related thereto; .unless specifteaUy`stated otherwise I'llhe LPAFA ,and :approved by: the State. In ;procuring professional services, the' a rties. to .this a regiment must .coim I` with', federal p- 9 P Y requirements cited in, 23; .CFR Pars "172 'if the project is,federally funded and with., Texas Govemrrrent;_Code 2254,, SLbchapter A- in all cases. Professional, services contracts` for federally funded projects must conform. to federal' requirements, specifcally including .the provision, for participation by Disadvantaged Business Enterprises (DBEs); ADA and environmental matters:. Page 3 of 12 a: 'Unless specifidally provided f6r otherwise in the LPAFA, the State sfi6T advertise for -doristructioh bids, issue bid proposals; receives and tabylafb the bids.. and award and .a , Orhinister ihO,cohtract for'co'n8truptiptibl' the Prolect. Adirriffiistration.6f the -cofitract,iriciddes the responsilAiv- for 'constir'uctio'n- -'engineering,. arid for 'issuance of ,any change,, orders, suopldmOnt4l I agreements,, amendments,,, or -engineering, additional ddifional Work orders., -which' may� become ry federal nbces�a . kibseclubht,to' the award,lof the' construction. Contract.. In order to eh'suir6 e pral funding eligibility; 0 Wrig for construction. projects must be authorized. by the State prior toadvert , - e b.r All. contract, letting and"award-procedures must�be approved by,the State., n contract, whether 140-c , str cfioh bonti- award of he, construction (in Li ract is awarded bythe State or by the Local'Government. ,c: All contract change ,oid6rtqAew and approval:procedures must be approved by the State --e prior to start_ A. Upon completion ofthe Project, the party constructing the project: will issue and sign a "Notification of CompletloW A*ndwledgirig the Projecfs construction completion.. e.. r federally funded ' contracts, 'the, parties to, this Agreement will comply withfederal construction requirements cited -in 23,CFR Part ,635,and wfth requirements, cited in 93 1C'FR Part 6,33; and shall include the latest Version of Fd" l "FH!2?3-in ',the contract bidding documents. umo, ntS.,,f fore ' e, Eiccot I int ' work -will be I . performed, Form a findi'q of. cost effectiveness: n e venbss: shall be madeAn'c6mpliancewith 23 CFR Part-& 11. Project mallritenance The Local' Government, shall be responsible 1of' maintenance of loca lly 'owned roads, after Completion 6f'z1he .work and,_the $tOtdshall bb.responsible. for maintenance 'of state :highway system after, completion Of.the.-work if the work was on the state, highwayL maintenance $yOt6rh, unless 'otherwise provided_ for in the LPAFAbrotherpr116r.dxl$tJn'` al"tenance agreement with1he Local Government. ,12. Local ProldctSourd6s and Uses of `Funds 6.. Tbe total $tirnate of 'the Pr6jdc t will be cleatiy stated in the local project agreement. The expected cash contributions 6`m thd.,feder -As-tate, Local GO'vernm,0nts:qr -othdr-parties will be clearly stated. TheStat6 'those proje will'6,pty,for onWi ' ct costs that hav peen approved ;[:�y thafeka'si Tr6risportation Commission. b. A project: cost estimate shoW.ing the '",tistimated,contrib each major or s Otions in, kind ' in .cash for ,grea.of'thel'oc':alpr'oj'e'dt"will.be' ' piovided'ifithe, LPAFA. This project cost estimate will -show how necess6ry. -resources ,-fbt,,completing .the prpj'dct will be #ovidbd:by:mafor. cost -categories. costs .6, utility These egodes-inplude.'but-are "n"6i-iim,"tb to 10 f 'work; (8)'cbsts. of 1DnVironment6l',ass6ssm6ht. ah6 remo'dia' tioh; cost.:of ' PrO Iminary engineering and desight 't -management;, 'an' in cost -of aM.c rist Q, ruc !on d Other 1,6-ca(pt - OJEictbostp, c; - The, 8tate4i 11 - be responsible for securing the F.Oderal and. State. share of the funding, required for,the'd ev OpMent, an , construction,- h a ral sha're, of 1ho' projpct.will be el the local` 11 project. . Pede reimbursed government ph a'c'pst basis. d. 'The Loc�j rn'�nbiiif. Will tie res Ponsib 9 for. 611 non-federal oun6ri-Si6le', paAidipati6n. costs the,. .. ih - overruns associated. With PrpJect,includhigLany- `.qns -in excdss,df the.,approved - local11rdject budget, 'uhtbsis` othierwi's_' id- - irin-ihe LPA" 'e-prqv. edft F& ,a Fqli6w,n'g execution of. , thd LOAF*A ' b i'Li t.prior to the performance of any rev!6W,workbY the State, the L6cal Government Will remit a check or:warrant Mild e pgyAbl e i to the "Texas "6i.-Tr;.thgp6'r,'ta-t'iohl'-Ii;i°'he'am!o,urit'SpOcifiedinthe ;'LPAFA.'the-L-,*oc'-al'GdVer-nmoht Will payata ffil nlrnurhJt0;fundJng,,share ioutho,esfihnat6d aosfolpteliminary On ineering for the O'roje'c't,,:u,.nl"E,iss,bthQ.rwl.tie provided -for Inihe LOAFA. Page 4. of 12 f. -Sixty. (66) dts prior to th.e, I d.ate setI f.or receipt: of Ithe construction bid.s, the Lbca.U.Gbvern.ment shaWromit iremaining financial share for. ft'Statds estimated construdo' oversight and Ise h t- unless otherwise provided for the LPAFA: construction costs, ulh g. In the, e'vent ihe State, d,etiarriffhes. that adilitional',funding is requited by the Local Government at oy-lime during the,'Project, the $1ate All notify the Local boVerriment in writing. Tht,,Local k-d payment to the State within, thirty P, Government will Ma days from receipt bl'the State?$ u-. . rovided- for. in the LPAFA. wriften'nolb"'figafion, nless,.Otherwise. A h. Upon completion of the :Project, th' tateWillpMoft:an audit of the, local project costs. Any - I— : - . . 'government,��ill be promptly fUnds due to ,the Local �GoVemmerit, the .State, or the, Federal , paid by the, oy0rig party. .i. The 8tate willhot pay Interest on any funds provided by the Local Government. will . not' harg e ththeLocal Gbviammb nt ,for the indirect If a waiver has been, grarited,,the-State Costs the State incurs on the local -project, unless thl ' agreement Is terminated at the request s bf.the Lodal'Government;prior to 6oiripl6tj6n of the project. k. it the local project has been approved for a 'axed' price"'? or an 'Aftrer"erital "paymerif, hOn: standard fun will clearly state- 5 ding Or pay, arrangement under 43 TAG,§T A. , the LPAFA V thie.amoUnt.'of"the fixedrorice. or the'Inbremental 6ch600lt. I. The Texas Comptroller of Public Accounts has that certain counties - qualify as Economically Dis''advantaged Counties in comparison to Ot her counties -in the 'state as below ,averagp p(Wc&pfta property, value, and'bdlow,average per capita i666me'j AtidpboveaWrage - unemployment, for certain years. The LPAFA will. reflect adj.OtmenjS, t th S 0 e standard financing arrangement based on this desI9nation. 'the contract for the'wristrUction 0 'a local project until the required m. The State1*1111 not execute, fundingfias'beeri made EMiflabl-6-0y"the Local Govbrnm9nt im-accordahcd with the LPAFA. 11-Might oWay and Real PedperLy The Local Government is responsible for the provision and acquisition of any need,e'd fight,of way or real properiy,,uniess.,the State agrees to participate in -the provision, of'right of Way- under the procedures described 'herein .as patisA and ff-of this -proviMoh. M -of w and,other.related'redl propert' m ate, b-6f'6'- funds Title to. right ay y.. just be acpeptablei-Wthe.St before may. be exijendbd forthei Improvement of the ti htof way.or tealproperty. .9- 'If the LocalGoverrirridn t Isthe . owner �of any y part Of, a pro"jecit,siteAn LPAFA,Aho L66al .und'dr. Gbv6m I thent.'-sheill perhi , it,.the State or I I t . s authorized representative access to occupy - Mile site -to perform,all activities required to execute the Work Under 1he,LPAFA-. All,-' aitidi3 to this- agreement Will donipl e compliance With all, the p -Y.with and assume the costs for dotrip n orm roqUirdments,of Title, 11 and Title III ,6f�'the U'if' Mod oaf Noperty e Ation Assistance -hhd R it Acquision laolfde�. Act ,of isi�O`Tltl,a 42, U.S' C.A.. Section 4601 6t.'seq.j including 'those x J h pi6vfiiont;,,r6i.eitingto incidental ex-P !9'n,ses�.�incureod-.Py,the,-rop*e.rt' o'wh- erg in c6tivoyingj e'real 'y p Property to ike,Local:Government ; Wand .benefits applicable,to the. relocation of any. -displaced p dofihodin.490,-FR,Sii6ti6n24��(g). McUinedtati h I qrson As-- on to :support such compliance do, must 4- 0 be maintainedandmade -avallabl" to 'the- 8tate and 'Its -representatives or revi w and inspection. If the local g6verhmentpurp,hases right of .way for. eviocal government street, fitW.-Mil,bob, acquired In 'ifid nipjb� - 'i jA' emm0if in,.-A-c' cordaince with Abr)licabtEi laws, unles specifically the'od&l s 4 _�twl -,LP 90v iated�oih se hi th' -AFA and iip proved'by t e tate: If, the :State: participates, in. the putcha6e of right of way, for the state, it: Will be under the processes owes established in the following paragraphs �A or, B,, and the selected option shall 'bo Specified Iffthe LPAFX Page 5 of - 1.2 A. Purchast3 By th.e'State for the Pt4W The Stat6''Will Assume responsiblOv for- acquisition of all necessary rghi t of way, for- the highway; prbjed - t; The Local Government will voluntarily. ,dontrIbIJtq,t6 the.'StatejOndsequdrto ten 0).'percent of tie 'cost -.Of the right of way for the properdevelopmerit and construction. 'of the bt6ta"highway-syste , m- and. shall,transmit to,Ahe State a -warrant or dheckpayable"to the texas Department oi,tiansportationwhen notified fi6d' by the State of the - estimated cost -of the of way. t right 6 amountzu'n Is. found' insufficient to pay the, Local Government's obligation, th6nAhe Local Govemment, upon, request of the State, Will supplement -this amount in such Min, th6oypnt t '§,Mouestedby,the Slate. Upon completion of the hTghWay,project-and amount ra, _ by th I . . ! _6fth' ' dual ,the 'total a'_ "' ji-it paid"Id , Locat,- GbiveMment is more than'ten: (1 O) percent a, ,a! e ..R9 n _y Arnoui will be returned- to the Local Govi9mmenti Cost. cost of, the right of vuqy,� y,any excess,., amount I i of theAdht of Way by the State shall mean the total vMue-df "compensation.paid to -oiW'nIerSi including not limited to utility owners; for -their property ,interests either through negofiatiqns or eminentdoma_lnproce-eOings. B. Purchase by -the Local. Government for the State "and 'the Local Pufqhzisq::, Right W:Wpy f .. _ � _ r ;'I -- purchases, shall be a joint effort 6 :the 'State c ve- Acquisition of I right . ht of Way, '$hall tie 'in accordance with the terms ofthis Government. - t ' pq q_ agreem 4 ent and "in -'accordance With applicable Federal and State laws ;governing the _466�e- ihe'LocAl n 00i -4i6iton 'p , oli6i&s fo , r-'. acquiring. real property. The State agrees to ri Government for Its shard of the cost of such right of Way, providing acquisition when it.has been authorized to proceed by the. State. Location Survqys-Apd, PrepOf6ti.dri'bf Right. of Way Data: The -Sfatp,,wifhout,cos�t to the Local Government, will do the necessary , .preliminary ary en and investigation -16 engineering an. order to, supply to 'the Local Government the data and,,Instruments .necessary to.obtain acc- ptd 1, bj6,,t, ile a the , desinad tidW of way. Determination of !Right of Way Values: 'The ,Local- Go'vemment agrees' to make a d6terrh - .1 . I .... . ; 6, -n o f ihat1'.property values for eAdh,rigft:6f way p'a'rcel by Inethdft acceptable' -to the Local Government And to submitIc , Distiict Office. A. tabulation of thp.-val deterMihed,. sigqed,,bylhe appropriate"LocAlOovernment representative -Such tabulations shall llsi'the pal e nunbers, owner-ship,,acreage and rec ommended. �6ompensation. Compensationshall be shown in 1hecorponent - parts of land, acquired,. 'itemization of.. 'any), . Irbpfovoi'mont-s acquired, damages (if 'a And the, amounts by which the, total if owner retains improvements..Thistabulation shall be c6mpqii�afion- Will'be.,reduced i 't impro�i6ril accompanied by 60- 6 - XPI'ahation,"to sUpp6rt-the detemi in6d values; to'ether-With a, copy V of - I I I I I _.� , - I determined - , 9 Infortildfloh .or ,reports Used in. arriving.'At-ail' 'determined values::Such. work- will be - performed , by.Local, - 136yorrimpht at its ex -withoUt..cpst participation bv Ihe,Statei _thb pense. The_-tate Will review the data submitted and May base lts:relmburs , Eirrient on7'th(§ values which e , redqstcitmih d`.b 'eright-to j:�erf6rrn at .6 y this review. The "St6tp however', re" seives"th 'IM own .,expense: any additional I ypstigatiQ deemed necessary, .including pu0plemenial appraisal n _h. work by State emp oypps or y',pipp,gymerit offee.appraisers all as may be, for - " I . , - , ' 'ay L tit the basis or taw:r6imburse t.Af at ,.necessary for determ�i'riatloh bf,,�'Alubs to constitute f , s stage. P' f, the. project dev 616F determined by mutual-agreemeht-bet _ ween the any s -99 - _ �riient it State 'jh '6�' -8 -d-,. Local Government 66't the requitbrri6int for t t to sUbffiR A6 sh'otild be valu rmiMitions- f6r&-any -part 6 th- ad d6fit Of the'StW��.pi8pert�. -, a�deiei "a requis, Way waned, Ahe LbcAl`Oovbmmefit will make appropriate 1to th-a State: of such waiver, such n611664o,b6 acl�iq' wki8' i d writing bVIh6-:66te. In instances ,61's'4ch,waiv6r,'i acknowledged inrviri 'the tate,�byIts due And at -Its own. -expense wi I make a,.-d rmin-aff n, values. . I ma 6 �of to CPHSOUto tlie''baiMs. fOr State-reimPursomerit. Page-6 of 12 Negotiations: The State will notify the Local Govemment:as soon as possible as :to the StateV'determinaton:of value. ;Negotiation :and,setttementlwith the property owner will be the responsibility of .the. Local Government without participation- by the State; however, the Local Govemment :will: notify the State imrnedialoly prior to closing thd,transaction to" that a current.'trtI , investigation may be;made to determine if there. has been any change In the title. The,. LocalGovernmentwill deliver-properiy.executed instruments of conveyance which together with any curative instniments fiound to be necessary as a result of the State's title: investig"on,innll 1. a , a operty vest.title in the' State for each right of way. parcel involved: The costs incidental to negotiation andjhe costs of`recording the .right of way instruments will be the responsibility of the Local :Government. The :cast of title investigation wilt be 'the responsrtitily' of the State. Condemnation: Condemnation, proceedings will be . initiated at a time selected by the ,l:ocai Government ,and will. tie the Local. Governments .'responsibility at its own expense except as hereinafter indicated'. The Local, Government will obtain from .the .State -,without cost current` title information ,and engineering data at'.the time condemnation are Jo be indicated. Except as hereinafter set. form the Local Go' m.ent will .concurrently file ,condemnation proceedings and -a notice of lis:.pendens for each case in'the rfame of the State; and;in, each' case so filed the judgment `of the court will- decree title to the property condemned to the State. The Local Goverrrrrrent may, as .set forth herein under ''Excess Takingsu and where itAs determined.to be necessary; enter condemh6Ltion proceedings in its own, name Property acquired` in the Local Government's name , for the -State.: roust comply with requirements set forth in the engineering data and title Investigation previously furnished to the Local Government by the ;State. at. such time . as 111 'Local Government. conveys'said propeftyto.the State. CourtCosts, 'Costs; of Special Commissioners' Hearings and Appraisal Expens.'e:. Court ,.costs and costs of Special Commrs'sioners:, ;hearings assessed against the Sfata :or Locai Government :in condemnation .proceedings conducted` on.' behalf of `the State -and fees incident L thereto will be paid by 1he Local Govemment : Such costs and .fees; , with th'e- exception of recording fees, will .be, eligible for ninety (9.A) percent State reimbursement under the ,established` reimbursement procedureprovided, such costs.and fees are eligible- for',paymentby the State underOA-wing law,.,Where he'Local Government uses tt e:State'S appraisers_ employed on a fee basis ,in Special Commissioners' hearings; or -subsequent- appeals, the cost of the appraiser for up,dating-the ,report; for preparing neo'reoort%, preparing for court testimony and appearing' in :court ti testify in support of the appraisal will be paid direct tiythe Laval GoVemrrient,. but will be eligible for ninety'(9b) percent State relmburseinent underestabiishe.d.procedurg,provided-prior.approval.for such appraiser has. been obtained from the State: The flee paid ,the;,appraiser tiy'the Local Governmenfshall be In accordance wrth'the fes schedule set foPtii. in the appraisees'contract for app:raisai services with -.the State. Excess Takings ln-the event. the Local Go rerriment desires,lo acquire land rn'excess of that requested bythe .State for ;rrght,of way purposes, the, State's dost,participation will be limited':to.the property n eded~forits purposes- If, the (vocal Govemmerit elects to..acquire the entire property,°'including the:excess taking, by a single_instrumer t of 'can veyance.or in one ei linent contain proceeding,, the property:involved wi11,,t a acquirib i n the name of the Laval Covemment and that .portion requested. by the State for' riL.ght of way', ' will -be separately conveyed to`the State by the Local Government 1Nheri acqurred:by negotiapan, the State's participation. wi41 6e. based on tte States -approved value of that pail of the properly -requested for''tight of'Waypurposes, provided that such approved value. tloes not exdeed�actual payment made by the Local Government. When -acquire'd, by cond6mriation, the `State`s participation wdl be in the proportionate ,part. ofi the.=final :judgment ;amount Page:. of 12 1 computed on the ;basis of `the relationship of the :State's approved,'�lue' to the State's predetermined value' for the whole property: improvements: Property owners will be afforded an opportunity in the negotiations to retain any or all of their improvements in the tightof waytaking. In anticipation of the owner iiesiring' to' retain improvements; the 'State's approved ,value will include the amounts by which the upper lirnit of State participation•'will be reduced for the -retention, It is' further agreed that -the upper limit for the State% participation .in the Local Government's cost for an improved parcel `will be redueed' as shown in the. State's approved valuewhere the owner retains an improvement, which_ is to be moved. by either the Looal Govm ement or the .owner: ,In the .event improvements, which are; in whole or part; a part„of the right of way taking are not retained by the owner; title is to;be,secured in'the name .of the, State: The State, will. participate. in the acquisition ;of a structure severed by the. right of way line if ,the part ,of the house, building or similar structure -which dies outside the,right of way cannot be reconstructed adequately,or there is nothing but salvage .left; provided that the State's value`is established on ahis' basis and provided that title to°the entire structure is. taken in' the name of- the -State. The State shall dispose of all improvements acquired. The net, revenue ,derived by the State from the disposition. of any improvements sold'through the; Generai ;Services Commission will be credited to the cost of the right of way procured :and shared with the'Local Govemment. Relocation of Utilities on. Acquired State ,Right of Way: if the required right: of way encroaches upon an existing , utility located :on its own _right. of way and ;the proposed highway construction requires the.adjustment, removal or relocation of the utility, facility, the State will establish the necessHy-•for the utility work. Stale participation `in the .cost of making;the necessary. 'h-kp9e, less any resulting increase )n-the,value to the' utilrty•and less, %any salvage value :obtainable, may be •obtained by either the "actualcost° or- "lump sum" procedures. Reimbursement under "actual cos_ t" will be made >subsequent to the, Local Government's certification .that the work has been completed and ,will be made, in ,an amount _equal to ninaty(90) percent ofahe eligible;items•of•cost as paid the utility owner: The "lump sum" procedure requires that the State establishes the eligibility of the utility work and enters into athree-party:agreernent; waft the ;owners of the utility faci(ities,and the Local Government, which sets forth the exact lump sum amount of-reimbut` d- ent based _on,a prior appraisal. Thd utility ill be reimbursed by the Local G( er`nment alter,proper certification .by the utility that -the work has been. done, .said reimbursement to be the .basis of the._pribr lump sum agreement The State: will reimburse the Local Govemment in an amount equal to ' ninety (90) percent of the _firm commitment as paid` to 'the utility owner. The foregoing is subject to the .provision that'the individual ,lump su:m approved'volue °shall. not exceed $20,000, except as -specifically ;approved by the State. In those cases where a -single ,operation is estimated to exceed $20,000. the'.transaetion will be brought,to the attention of the Stake for determination of proper handling based. upon the circumstances involved. 'Such utility firm commi#meet will .be an appropriate item of right of way. The adjustment, removal or relocation .of any utility line on publicly owned- right 6U: - Ay by sufferance or. permit will not be:, eligible for State, reirribureement . The term °utility" under this agreement shall include publicly, privately and cooperatively owned _utltites. Fencing Requirements: The ,Local Government` may either pay the, property owner .for existing right of way fences based on -the value such fences aontebute .to .fhe -part taken :and damages foi an .unfenced condition � resulting from the right of way taking; in which case tti'e estimated value; of such: right of way fences and such damages will, be included in the recommended yalue and'tho approved value, or the `Local. Government 'may do, the fencing,on the property ownee —,iernaining property: Page-8 of 12` Where rthe Local- Government performs right'of Way fencing as a part of the total ;tlght .of way coiisideration, neither, the value. of existing right of'way-fences nor damages for an unfenced condition will be included in the recommended -value or the approved value. State participation in,the Local Govemment's: cost of constructin0 right of, way fencing on the property owner's remainder may be based .on eitherthe actual cost of the fencing or on a predetermined lump sum, amount. The State will be givers credit for, any salvaged 4encing material and will not participate i6any overhead costs ofthelocal Government. ,If State ,participation is to'be requested on the lump sum basis, the State and the Local .Government will reach an agreement:prior to the actual'accomplishri ent of: the.work as to `the necessity, elig of _y and,,a firm 'commitmeht as to the -cost of the entire fencing work to be performed. The..foregolhg is subject to the provision that the lump sum approved cost shall not exceed $90,000, except:as,specifically approved by. the State. In the event the cost of the fencing is estimated io exceed $20,000, the transaction will be brought to the attention of the State for,determination of proper handling based upon the° circumstances involved;. � _ h Reimbursement: The State wili,reimburse' the Local Government for.�right of way acquired after the date of this agreemenfin amount not -to exceed`nin" (90} percent of the cost of the right of way acquired -in -accordance, with the.terms and provisions -of #his agreement. The Slate's reimbursement will ' be in the amount of ninety (90) Percent of the .Slate's predetermined value ,of each parcel,, or the. net cost thereof, whichever is the lesser �mnrnt lf,condemnation is. necessary and title i ,taken, as set forth herein under=the section.entitled Condemnation," the part<cipation by the State: shall 6e based 'on the final judgment, conditioned opon'the State having been -Notified' inwriting, prior -to the -filing of such -suit`and upon prompt notice being gnren as to. all action taken therein. The State shall -have .ht m to becoe :a party -to the suit at any time forall purposes, including the right of appeal,.at any stage -of the proceedings All other items of cost shall be bome by the State, and the Local Government as:provided in other sections of this agreement. If -a lump sum fencing or utility adjustment 'agreement,.has been executed; the Statewill re►nibu`rse'the Local Government in th`e :amount of ' ninety (90) Percent of, the predetermined lump sum -cost of the i'ghf-of way fenCirig or utility,adibsi tment, if, the Local`Govemment prefers not to execute a lump sum agreement for either fencing or utility adjustments, ,the State will reimburse on the actual cost of s4ch fencing, or adjustments. The Local. Government's request for reimbursement will be 5upported' by a breakdown of the labor, materials anti :equipment used. General: It is understood thatthd terms .af this,agreement shall apply :to -new right .of way authorized and requested by the Stale which is needed, and, not`yet'dedicated, in..use or 'Oro viously :acquired inAhe name' of the State or Local Govemment; for highway,'street or road .purposes This agreenierit shall also apply; with regard to any ex'istitng'right of,way, to outstanding property interests n9 Vreviously,acquired and to eligible .utility adjustments not previously made, as authorized and requested by the State. It is further understood that if unusual' circurrmstances-develop in -the right of way acquisition Which. are not clearly covered by the terms of tf isagreement, such unusual arcumstances or pro[ (ems will tie resolved by` mutuar agteerrie. betWeeh the State anal the Local 'Government: Page-9 of `t 2 14. N6tices All notices_ to' either party by .the other required under this agreement shall, be delivered personally or .'sent by certifiedorU.S. mail, -pbstag'g, prepaid or sent :by electronic mail, (olectronic'notice being permitted to the extent permitted. -by IaWtUt only ' after a sbparato,wfitteh Consent oftt*partles), - Addressed to'tuch party at the follbwIng Addresses: Lbecil Government: State: City of 13caurnobt Texas DepartmentofTransportation, Attn:_CigyM6nagqK Attn:-Disidt En&eie-r P.O. box 3827 8850 Fmtei Vreeway Beadjmbnt, Tdkas 77704-382.7 ;Bdailmont, Tekas 77708 -'dell red or "o -deposited In the mall,, unless Al We s notices shall be deemed given on.1be date -so otherwise provided herein: Either party" may,chango the above address by sending written '- itt '_ Mice . on n of the chan0o'to the_',6the(-party._ E ither,p.tirty may request - in writing that _su'ch.� notice- s 1. shall ;b : e d6livered personally -or by certified U.S. mail and such req uest shall behonored'andcarried out by- the otherpart . �y 1.5.- Legal Construction in case one or more of the provisions :contained in this agreement -shall for;Any reason be hold invalid, illegal:or unenforceable in . any respect, sUdh.jnV'a1id1ity,1l'* illegality Qtunenf6rceAbi* shall not.a6eO(a,oy,oih,dr t'shO.bs, construed :it d[id hat:contain the provisions. -an thjs�,Ag'feemen ued As if invalid-, illegal;or unenforcdole.-provision. 1.6-R6soonsibili4es of .theParlies The. -State and the Local.-PovernMent'Agree that neither. party, 19,ahage0t, tiarvah t I � � -1 - . - - - , � t, or employee of the other partresponsible y arid:diath pA'rlya" Aisfdr ittindividual acts And deeds as well As :the apts and Oeeds -of,ft,contractbrs, employe represe es' 't, n atives, and agents. 17; OWnershlp,,6,f "Paouniotits 'Upon, completion or termination of this .agreement, all documents, prepare d. bythe .,State shAll ,remain the property of the,State- All -data pr6pardd.uride'r this , aorn fit 4a I be 'made -available -.rep, _e to`. the ,8tdt.o-wftfioutr6pi,rictio-n orlirriftaii6n on their further use. All documents.. produced -or Oppr6veO or oAherwise created by the,164al Oove .,mment shall,be transmitted to the 'St6t6ih the form of photocopy reproduction on a monthly'ba�l§ as required by.t he State.The originals'shall Temain'the pr6pdrty of "the Local Government. Ia. Pdmpliahme with Laws TO& parties shall comply with all federal, State, and. Local lawi, :statute s,, ordinances, rules and ,reg.u.1ations-i ;and the orders -and decrees., of any courts or administra tive fnaonbr affecting the perTbrMaincd ofth is agreement, When required, the, Local Government - .shall fumlsh the State with satisfactoryproof ofthis,.tonliplianda. This agreethon't constitutes the t'019 And Only agreement between_ the parties and supersedes _ any , nor -uni ersta.jndings� or Written �:or oral4jreemenis respecting the' e agreements subject rnand".r. Pag4'1 0 :of -.1`2 20. Oast Principles In order to •be reimbursed .with' federal funds, the parties shalt comply vwth the Cost Principles established in�.ONf6 CircularA-87 that specify`that all reimbursed:costs are allowable, reasonable -'arid allocable 4p the Project. 21. Peocurement-and property Management:Standards The parties shall adhere to the -procurement standards established in Title 49 CFR. §18:36 and with, the property management standard established in Title 49 CFR §18 32. 22. Inspection of Books and Records The parties to the agreement shall malntain :all books, documents, papers, `accounting records and':other documentation relating to costs incurred -under this agreement and shall make such Materials available to the State, 'th'e Local Government, and, if federally funded, the Federal Highway Administration (FHWA), and the U.S. ' Office of tfie tnspector General, or their -duly authorized rep�esentatiVes-for review and inspection at its office during the. contract period and -for four (4) years from the date of completion of work define under this contractor until any impending'litigat(on, or clairris.'are-resolved. Additionally; the -.State, the Local Government,,and' the FHWA and their duly.autharized representatives;.shall have access to, all the'govemmental' records that',are directly al?plicable to this, agre'eirent for the :purpose of making audits, examinations; excerpts; and transcriptions. 23. Office of INariagement. and t3udget".(0lV1B) AuditRequirements The partes ahall comply with :the. requirements of the .Single Audit Act,:of 1984, P.L. 98502, ensuring that'the single audit report-includes'the coverage st(pulated-in OMB. Circular No. A-128 through August 31, 2000 an&stipulafed h OMB Circular•A-133 after August 31,, 2dog. 214..CivII Rights, Compliance The, Local Govemment shall comply with the regulations of_the. Department of Transportation as they relate t nondi'scnmination (49 GFR Chapter-21 and, 23 `CFR'�§710.405(B)), and Executive Order 11246 titled "Equal. Employment Opportunity;" as .amended byExecuive.Or`•der" l 1375.and supplemented in the Department of Labor Regulations (41 CFR Part 60). 25: Disadvantaged'Busmess Enterprise Program Requirements The parties 'shall comply With the RisadvantagedlMinor(ty Business `Enterprise Program requirements -established` ii 49 CFR Part 26. M Debarment Certifications The parties are prohibited from making any award at any tier to any party debarred .or suspended of otherwise excluded -from, or `ineligible- for participation in Federal Assisiarlce Programs uritler Executive' Order 12549, "Debarrnent and Suspension;"' The `parties :to this col tractahall require-any:partyto•a subcoritraot.or.purchase.order awarded :unde(this'contract to certify its eligibility to receive Federal funds and, when requested. by the -.State, -to furnish a copy bf.the. certification in accordance with Title.49 CFR Part 29 (Debarment and Suspension). 27: Ldbbying; Certification 1'6'executing this,Master,Agreement, the signatories certify to'the.best of his or -her knowledge:and bellef,,that.' A.' No:federal appropriated.,fundshave been paid or Will be pald`by or -on behalf of the parties to any person fori influencing or attempting to influence an officer or employee; -of ariy federal: agency; a:iViernber of -Congress, an Qfficer or employee of. Congress; or an employee of a Member of `Congress in connection with ;the awarding of any federal contract,' the .making of any federa! mf` ,ekoany federal toan,. the" entering into of any cooperative Page 11 of =12- ag''r6ervi6rit,,.and the extension, continuation,,, renewal, amendment, or modification pf any fed6raIc1qntra.1d.t, grantl' '9qn,orcooperative -b. If any funds other than federal appropriated funds have,been,paid or will'be,p aid, to any, person for in'fluenq'in_,g p-Jr attempting to hfilu ence an officer or ernPloype, of any'agency, a Member of Congress, anofficer .or . employee dUCongressj,0r,:an employeeof'a.Me" ber!bf.Congress in -connection with federal contracts; grants, loans, pr=operative agreements, the 'signatory for :the Local, Government.sh6ll complete and submit the federal: Standard Fdrmml-l-L, "Disclosure. Form .tci Rep" ortUbbying," in accordance With its instructions: c. The parties .:shall require thatthe. language of this ceffifibation be -Included in the award documents for all subawards at all tiers (inoludihg subcontracts-, zubgrants,,; and contracts under grAnts;1oans, arid, cooperative ,and,that: all sdbreclplents shall cbrIlify''and disclose 66 66edihigly. By, -executing. an. LPAFA under this; Master. Agreement, the parties -reaffirm this 'lobbying ert,11ficati.anvith'Tespect to the individual 'prqjqcts'._,and reaffirm this cortifidaoh of the materialrepresentaitiOn.0f facts Upon -whic'fi reliance Will be made: 8ubmlssion'*6f this certification is a prerequisite ,for making or. entering into this transaction imposed by Title 81 U-S.G.'§l 352. Any pkson-wh6f6ils W.Jile the required certification shall be sbbjpct'to A civil penalty ty of not less than $46POO and notrndrd,t I han $1 - 00,bod fqre-lch such failure. 28. SIgnatqry Wdirranty - The :1§lgngLtofl0s-to this agreement warrant that,each has the aljlthoritiy'to enter into this agream-ent on beftif of the party represented. IN TESTIMONY HEREOF, ,'the parties hereto 'have -cause(d thds'0. presents to be 8XEidut9d in dul5ii6aie counterparts: Ti4t LOCAL G00JERNIVIE'N't LT Name Title; - Date:" THE',STATE "OF TEXAS Executed -for the' , bkero' t qtive Director and approved for the Texas TransportatibmCommibsio' for the urppse and of activating and/or carrying out""' rk-' the, otdibirs, est6brished- polices - orrWo programs Heretofore approved and alltho'fizedl by ifie Tek6s, Trans brtation Cothrriissioni ---1 11, authored - . . . . Transportation -Date:. W 9 NAWW.W.I.-m 06. M uIlenix" 0 ptorof,Contradt,-'s,e rvi, -,,SedUon Office:,, General.Coun'sial- Texas D-jobartnibrit-of Tr6n6portation 'Page 1 zof, i 2: ATTACHMENT A TYPES OF LPAFA,FUNDING `CATEGGRIES;UNDER THE MAFA Federal Cate odes Prefix Federal Cate- ories Preflz Interstate Demoristtbfion Piro ectsi Interstate- Interstate;Maintenanoo -Interstate'4R Discretion - , Interstate:Constr: Discretiona i Im 1DR. _ia > HI Prio(ity Corridor.•onNHS Rural'Access Projects, Innovative Pro ects 'DPI No(Ay Intemio'dal Pro dots -DPM Con estion Corridor DPR DPR IVHIITS Brid e$ High;Priority Projects HP : Brid e'Re air/Rehab.On- tern BR/BH: Other National HighwayHighwky S' tem: NH... _ .Suftti Trans ortatlorl Pro rain Forest.Hi hwa 9 YS FH Urban Niob !Rehab STP-UM Areas <'200;000 STATE CATEGORIES Enhancement STP-TE' Metra'Mobii /Rehab STP-MM -Preventive.Maintenance , GPM Urban Mob /Rehab - i Farm to-MaftWarm=to-Market:-Rehab WAR Urban&RuralRehabilitation STP=R -District Dis'cretio I CD 'Rural,Mobi "Rehab:". STP-RM State,FuridedRehab G. Rail-HwyRaU-Hwy Grossing Pcotecthis Devices STP-RXP Park Road C F,Jajl-ti%vy CYbsslffg Hazard Elimination. ..STP-RXH St6t6.Fundbd.MobUity C Rarlroad grade,Seoardtlbris. _ STP-RGS. PASSIPASS` Metro Match C . -Satetyr=Hazard ©Mnatbn :STP-HES, Traffic Signals, Signing & Pavement Markin s C Miscellaneous G -Congestion Mitt ation & Air Quality CM Railroad -Re lankln CRX 'State. Funded l indsca a .-ClCL Donor:State Bonue Art 'Area DB. State Urban Street :CU& Areas >200000 q DBM Areas <20%OW . DBU Others jjek LPAFA ezce Lion M'tnhinum Guarantee MG' Off-Spjefn-Bridges Program ;'PROX "ISUE Funding Categories = NoUR' established In TEA 21 Page l of 1. Attachment A ATTACHMENT 'B RESOLUTION NO.06-184. 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 Master Advance Funding Agreement with the Texas Department of Transportation (TxDOT). The contract is substantially in the form attached hereto'as Exhibit "A" and made. a part hereof ,for all purposes . PASSED BY THE CITY COUNCIL of the City of Beaumont this 'the 30th day.of August, 2005. - Mayor Ouy N. Goodson . RESOLUTION NO. WHEREAS, on July 24, 2007, the City Council of the City of Beaumont, Texas passed Resolution No. 07-219 authorizing the City Manager to execute a Local Transportation Project Advanced Funding Agreement (LPAFA) with TXDOT for the Old Dowlen Road Improvements Project; and, WHEREAS, on May 28, 2009, the City Manager executed Amendment No. 1 to modify Environmental Assessment and Mitigation responsibility from the State to the City; and WHEREAS, discussions with Chad Bohne, TXDOT representative, revealed that there are no earmark funds tied to the project as it was originally planned to be funded using discretionary district funding from that budgetary cycle and with that understanding it was agreed it is best to close the project out; 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 the Advance Funding Agreement Amendment #2 with TXDOT terminating the Old Dowlen Road Improvements Project. The Proposed Amendment No. 2 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 26th day of January, 2021. - Mayor Becky Ames - D BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: January 26, 2021 REQUESTED ACTION: Council consider a resolution authorizing the Mayor to execute a waiver granting permission for the Jefferson County Mosquito Control District to operate aircraft at a low altitude over the City of Beaumont for mosquito control purposes. BACKGROUND The Jefferson County Mosquito Control District is requesting that the City of Beaumont grant authority for them to operate their aircraft at a low altitude over the City of Beaumont for mosquito control purposes. The Jefferson County Mosquito Control District operates their aircraft in accordance with all federal and state rules and regulations governing this type of application. The Jefferson County Mosquito Control District makes this request on an annual basis. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. Jefferson County Mosquito Control District Organized in 1950 Denise Wheeler, Director 8905 First Street 1 Beaumont, Texas 77705 Phone: (409) 719-5923 Fax: (409) 727-4176 wheeler@co.iefferson.tx.us January 8, 2021 Mayor's Office City of Beaumont -------P:O. Box382-7— ---- Beaumont, TX 77704 Dear Mayor: Advisory Commission: Dr. M. 0. Way, Chairman Amy Hadnot, Secretary George Mitchell Matt Vincent Reginald Boykins Sr. Each year the Jefferson County Mosquito Control District requests the governing bodies of the different communities in Jefferson County to furnish a waiver permitting the Mosquito Control aircraft to fly at low altitudes over the territory under their jurisdiction. It is respectfully requested that the City Council sign the enclosed waiver granting permission for the Jefferson County Mosquito Control District to operate aircraft over the City of Beaumont for mosquito control purposes. Federal Regulations places the responsibility of maintaining all records and complying with all rules and regulations upon the operator of the aircraft. This file is open at all times for inspection. We furthermore request that you please mail or fax the signed copy of the waiver to the number listed above. If at any time you may have any questions, please contact our office for assistance. Respectfully yours, Bryan Farrar, Pilot Cc: County Judge Jeff Branick, Jefferson County Commissioner Eddie Arnold, Precinct 1 Commissioner Brent Weaver, Precinct 2 Commissioner Michael Sinegal, Precinct 3 Commissioner Everett Alfred, Precinct 4 Jefferson County Mosquito Control District Organized in 1950 Denise Wheeler, Director ` Advisory Commission: 8905 First Street ) Dr. M.O. Way, Chairman Beaumont, Texas 77705 Amy Hadnot, Secretary Phone: (409) 719-5923 George Mitchell Fax: (409) 727-4176 Matt Vincent wheeler@co.iefferson.tx.us „� �� Reginald Boykins Sr. January 8, 2021 AERIAL WAIVER Mayor's Office City of Beaumont P.O. Box 3827 Beaumont, TX 77704 The Jefferson County Mosquito Control District is authorized to fly at low altitudes as required for the application of pesticides for the control of mosquitoes within the limits of City of Beaumont, Texas. Jefferson County Mosquito Control operates in accordance with all Federal and State Rules and Regulations governing this type of application. Signature: Mayor's Office, City of Beaumont, Texas Date: Bryan Farrar, Pilot Jefferson County Mosquito Control District B F/dw 2 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the Mayor is hereby authorized to execute a document furnishing an aerial waiver to the Jefferson County Mosquito Control District to allow their aircraft to operate at low altitudes over the City of Beaumont for mosquito control 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 26th day of January, 2021. - Mayor Becky Ames - RICH WITH OPPORTUNITY 111clAitilicill T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager ^ h PREPARED BY: James Singletary, Chief of Police MEETING DATE: January 26, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager or his designee to reenter into a Cooperative Working Agreement with the Rape and Suicide Crisis Center of Southeast Texas, Inc. BACKGROUND Since 2009, we have been in a cooperative working agreement with the Rape and Suicide Crisis Center of Southeast Texas. This agreement is a collaboration between several agencies to provide a continuous service as needed for sexual assault survivors and other victims of crime. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of resolution. Cooperative Working Agreement 2021-2023 This working agreement is recognized as a cooperative collaboration between each agency listed below. the purpose is to provide a continuum of services as needed for sexual assault survivors and other victims of crime. The signature of each agency's representatives acknowledges proof of cooperation. The DistrutAttorney's Office of,7efferson, orange, Tyler, andYlardin Counties in&widualry agree to. • Designate a liaison to serve on the Sexual Assault Response Team (SART) and to serve as the agency's contact person; • Use Sexual Assault Nurse Examiners (SANEs) as witnesses during a sexual assault trial; • Provide reasonable notification of upcoming trials to the SANE who will be called to testify; • , Meet with the SANE prior to a trial to review the case; and • Maintain communication and contact with the SART and other involved agencies, including regular participation at the Southeast Texas Sexual Assault Task Force meetings. rlhe Crime victim'sAssistance Centers of Jefferson, orange and1fard:n County agree to. • Refer sexual assault patients to the CHRISTUS St. Elizabeth Hospital SANE Team, Child Abuse & Forensic Services, Baptist Hospital of Southeast Texas Beaumont or the Medical Center of Southeast Texas SANE Team, as appropriate; • Demonstrate an average of 60 minutes response time from the time the call is received to time advocate arrives in the emergency department, on scene, or at location with victim; • Follow established protocols with CHRISTUS St. Elizabeth Hospital, Child Abuse & Forensic Services, Baptist Hospital of Southeast Texas Beaumont or the Medical Center of Southeast Texas for advocates in the examining room; • Be available for survivors of all ages, their family members and friends, as requested; • Maintain communication and contact with involved agencies, including, but not limited to law enforcement, County or District courts, Justice of the Peace, the Texas Department of Family and Protective Services, and the Garth House. • Refer victims/survivors to nearest appropriate agencies for additional services as needed. The jefferson, orange, Tyler, and9fardin County Sheriffs Offices s� Tolu:e Departments of Oeaum=4 Groves, Nededan4 TortArthur, victor, orange, Bridge City, and(Port Neches individuaffy agree to: • Designate a liaison to serve on the SART and to serve as the agency's contact person; • Refer sexual assault patients to the CHRISTUS St. Elizabeth Hospital SANE Team, Child Abuse & Forensic Services, Baptist Hospital of Southeast Texas Beaumont or the Medical Center of Southeast Texas SANE Team, as appropriate; • Follow established protocol to notify SANE team that a sexual assault survivor is being transported; • Provide a case or incident report number; • Receive forensic evidence that has been collected from the survivor and/or perpetrator; • Follow law enforcement established protocol regarding evidence collection and storage; and • Maintain communication and contact with the SART and other involved agencies, including regular participation at the Southeast Texas Sexual Assault Task Force meetings. 1' Wgpe cZ Suicide Crisis of Southeast Texas, Inc. agrees to: 11 • Designate a liaison to serve on the SART and to serve as the agency's contact person; • Refer sexual assault survivors at CHRISTUS St. Elizabeth Hospital SANE Team, Child Abuse & Forensic Services, Baptist Hospital of Southeast Texas Beaumont or the Medical Center of Southeast Texas SANE Team, as appropriate; • Demonstrate an average 60 minute response time from time call is received to time advocate arrives in the emergency department; • Follow established protocols with CHRISTUS St. Elizabeth Hospital, Child Abuse & Forensic Services, Baptist Hospital of Southeast Texas Beaumont or the Medical Center of Southeast Texas for advocates in the examining room; • Be available for survivors of all ages, their family members and friends; • Maintain communication and contact with SART and other involved agencies, including regular participation at the Southeast Texas Sexual Assault Task Force meetings. 2%te Gartk.ifouse agrees to: • Designate a liaison to serve on the SART and to serve as the agency's contact person; • Refer child survivors of sexual assault to CHRISTUS St. Elizabeth Hospital SANE Team, Child Abuse & Forensic Services , Baptist Hospital of Southeast Texas Beaumont or the Medical Center of Southeast Texas SANE Team as appropriate; • Demonstrate an average 60 minute response time from time is received to time advocate arrives in the emergency department; • Follow established protocols with CHRISTUS St. Elizabeth Hospital, Child Abuse & Forensic Services, Baptist Hospital of Southeast Texas Beaumont or the Medical Center of Southeast Texas for advocates in the examining room; • Be available for survivors of all ages, their family members and friends; • Maintain communication with the SART and other involved agencies, including regular participation at the Southeast Texas Sexual Assault Task Force meetings. The Texas Department of EFamiCy and ftotective Services (CTS/AOS) agrees to. • Designate a liaison for the SART to contact; • Refer child survivors of sexual assault to CHRISTUS St. Elizabeth Hospital SANE team, Child Abuse & Forensic Services, Baptist Hospital of Southeast Texas Beaumont or the Medical Center of Southeast Texas SANE team as appropriate; • Contact Court Appointed Special Advocates liaison if child is in foster care system; • Maintain communications and contact with the SART and other involved agencies, including regular participation at the Southeast Texas Assault Task Force Meeting. ChiWA6use d, EForensic Services agrees to: • Designate a liaison to serve on the SART and to serve as the agency's contact person; • Demonstrate an average sixty (60) minute response from the time 'of call received to time SANE arrives in Emergency Department; • Notify Rape & Suicide Crisis of Southeast Texas, Inc. that a survivor is being transported/has arrived; • Provide Rape & Suicide Crisis of Southeast.Texas, Inc. the opportunity to establish a relationship with the survivor(s), if survivor agrees. This includes survivors of all ages, their family members, and friends; • Provide consistency in the sexual assault examination of survivors; • Provide consistency in the evidence collection from perpetrators; • Have sexual assault evidence collection kit available; • SANEs will provide a copy of evidence collection and/or all other documentation pertaining to sexual assault exam to law enforcement agency; • Maintain chain of forensic evidence and hand off to law enforcement agent; • Properly prepare for upcoming hearings; • Meet with District Attorney to review the case; • Maintain contact with the District Attorney's office; • Notify the District Attorney's office of address and/or telephone number changes; and • Maintain communication and contact with the SART and other involved agencies, including regular participation at the Southeast Texas Sexual Assault Task Force meetings The Sane Team of MQUSTVS VbspitafAgrees to: • Designate a liaison to serve on the SART and to serve as the agency's contact person; • Notify Rape & Suicide Crisis of Southeast Texas, Inc, that a survivor is being transported/has arrived; • Demonstrate an average sixty (60) minute response from the time of call received to time SANE arrives in Emergency Department; • If a child survivor has Court Appointed Special Advocate CHRISTUS Hospital agrees to notify Court Appointed Special Advocates of child arrival; • Provide Rape & Suicide Crisis of Southeast Texas, Inc. the opportunity to establish a relationship with the survivor(s), if survivor agrees. This includes survivors of all ages, their family members, and friends; • Provide consistency in the sexual assault examination of survivors; • Provide consistency in the evidence collection from perpetrators; • Have sexual assault evidence collection kit available; • CHRISTUS Hospital will provide a copy of evidence collection and/or all other documentation pertaining to sexual assault exam to law enforcement agency; • Maintain chain of forensic evidence and hand off to law enforcement agent; • Properly prepare for upcoming hearings; • Meet with District Attorney to review the case; • Maintain contact with the District Attorney's office; • Notify the District Attorney's office of address and/or telephone number changes; and • Maintain communication and contact with the SART and other involved agencies, including regular participation at the Southeast Texas Sexual Assault Task Force meetings. CourtAppointedSpeciafAdvocates agree to: • Designate a liaison for the Southeast Texas Sexual Assault Task Force to contact. • Demonstrate a thirty -minute response from time of call received to time advocate arrives in emergency room. (Call is to liaison.) • Follow established protocol regarding SETX Sexual Assault Task Force for advocates in the examining room. • Be available for survivor's ages 0-17 who are already in the custody of CPS and CASA is already appointed by the courts. • The advocate arrives as soon as possible and assists the victim throughout the medical and police procedures. • With the advocate present to provide support, the forensic examiner and police will briefly confer to coordinate their questioning and reduce repetition. • Advocate will remain in the room to provide support during the exam as well, at the discretion of the patient. • The advocate will make arrangements to contact the victim for follow-up support, and legal advocacy. 11 WedicaCCenter of Southeast Texas 11 • Designate a liaison to serve on the SART and to serve as the agency's contact person; • Notify Rape & Suicide Crisis of Southeast Texas, Inc. that a survivor is being transported/has arrived; • If a child survivor has a court appointed special advocate Medical Center of Southeast Texas agrees to notify Court Appointed Special Advocates of child arrival; • Provide Rape & Suicide Crisis of Southeast Texas, Inc. the opportunity to establish a relationship with the survivor(s), if survivor agrees. This includes survivors of all ages, their family members, and friends; • Provide consistency in the sexual assault examination of survivors; • Provide consistency in the evidence collection from perpetrators; • Have sexual assault evidence collection kit available; • Medical Center of Southeast Texas will provide a copy of evidence collection and/or all other documentation pertaining to sexual assault exam to law enforcement agency; • Maintain chain of forensic evidence and hand off to law enforcement agent; • Properly prepare for upcoming hearings; • Meet with District Attorney to review the case; • Maintain contact with the District Attorney's office; • Notify the District Attorney's office of address and/or telephone number changes; and • Maintain communication and contact with the SART and other involved agencies, including regular participation at the Southeast Texas Sexual Assault Task Force meetings. Baptist 9fospitaCof Southeast TaW Beaumont • Designate a liaison to serve on the SART and to serve as the agency's contact person; • Notify Rape & Suicide Crisis of Southeast Texas, Inc. that a survivor is being transported/has arrived; • If a child survivor has court appointed special advocate Baptist Hospital of Southeast Texas Beaumont agrees to notify Court Appointed Special Advocates of child arrival; • Provide Rape & Suicide Crisis of Southeast Texas, Inc. the opportunity to establish a relationship with the survivor(s), if survivor agrees. This includes survivors of all ages, their family members, and friends; • Provide consistency in the sexual assault examination of survivors; • Provide consistency in the evidence collection from perpetrators; • Have sexual assault evidence collection kit available; • Baptist Hospital of Southeast Texas Beaumont will provide a copy of evidence collection and/or all other documentation pertaining to sexual assault exam to law enforcement agency; • Maintain chain of forensic evidence and hand off to law enforcement agent; • Properly prepare for upcoming hearings; • Meet with District Attorney to review the case; • Maintain contact with the District Attorney's office; • Notify the District Attorney's office of address and/or telephone number changes; and • Maintain communication and contact with the SART and other involved agencies, including regular participation at the Southeast Texas Sexual Assault Task Force meetings. Cooperative Working Agreement Signature Wage illiams, ecutive irector ate Rape & Suicide C sis of S.E. Texas Jimmy Singletary, Chief of Police Beaumont Police Department Date 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 a Cooperative Working Agreement between the Beaumont Police Department and Rape and Suicide Crisis Center of Southeast Texas, Inc. for the collaboration between several agencies to provide continuous services as needed for sexual assault survivors and other victims of crime. Said Memorandum of 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 26th day of January, 2021. - Mayor Becky Ames - F BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: January 26, 2021 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the lawsuit styled Kendrick Williams v. City of Beaumont et al; Cause No. A-204508. BACKGROUND The lawsuit styled Kendrick Williams v. City of Beaumont et al; Cause No. A-204508, was presented and discussed in Executive Session held on January 12, 2021. The City Attorney is requesting authority to settle this suit in the amount of $75,000.00. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the lawsuit styled Kendrick Williams v. City of Beaumont, et al; Cause No. A-204508, was discussed in Executive Session properly called and held Tuesday, January 12, 2021; and, WHEREAS, the City Attorney is requesting authority to settle the lawsuit; and, WHEREAS, the City Council has considered the merits of the request and is of the opinion that it is in the best interest of the City to settle the suit; 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 Attorney be, and he is hereby, authorized to settle the lawsuit styled Kendrick Williams v. City of Beaumont, et al; Cause No. A-204508, for the sum of Seventy -Five Thousand and XX/100 Dollars ($75,000.00); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the lawsuit. 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 26th day of January, 2021. - Mayor Becky Ames - BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, JANUARY 26, 2021 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognitions * Public Comment: Persons may speak on scheduled agenda items 1-3/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a resolution approving a five-year lease purchase agreement for a fire truck 2. Consider a resolution authorizing the City Manager to accept funding for the Water Plant Electrical Building Floodproofmg Project through the Hazard Mitigation Grant Program 3. Consider a resolution authorizing the City Manager to execute a contract with Global Emergency Services, LLC, of Beaumont for the removal of backfill, vegetation and other materials along Lawson's Canal at Marina Drive DISCUSSION ITEM * Review and discuss Housing Tax Credit Program applications being made to the Texas Department of Housing and Community Affairs 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: Claim of Lauren Lewis Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. 1 January 26, 2021 Consider a resolution approving a five-year lease purchase agreement for a fire truck BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: January 26, 2021 REQUESTED ACTION: Council consider a resolution approving a five-year lease purchase agreement related to the purchase of a fire truck. BACKGROUND On December 8, 2020, Council approved a reimbursement resolution for a lease purchase agreement to reimburse the City for the purchase of a Pierce Enforcer Fire Pumper Truck in the amount of $757,594. Bids were requested for a fixed interest rate to finance the truck with the first payment in arrears following the date of purchase of the truck which was on October 22, 2020. The total lease purchase cost, including interest of $38,606.80, is $796,200.80. Bids were solicited from 18 vendors and three responses were received. The Bid tab is attached. The Administration is recommending an agreement with Signature Public Funding Corp with an interest rate of 1.68%. FUNDING SOURCE Funds will be budgeted in FY22 - Capital Reserve Fund. RECOMMENDATION Approval of the resolution. City of Beaumont Bid Tab Bid Number: PF1221-12 Bid Name: Fixed Interest Rate Lease Purchase Financing Agreement - Pierce Enforcer Pumper Bid Open Date: January 14, 2021 KS Statebank Manhattan, KS. Allegiance Bank Beaumont, Tx. Signature Public Financing Corp Towson, MD. Fixed Interest Rate Term Four(4)Year 2.63% 2.18% 1.68% Five (5) Year 2.65% 2.23% 1.68% RESOLUTION NO. WHEREAS, on December 8, 2020, the City Council of the City of Beaumont, Texas adopted Resolution No. 20-270 approving a lease purchase agreement to reimburse the City for the purchase of one (1) Fire Pumper Truck in the amount of $757,594.00; and, WHEREAS, bids were requested for a fixed interest rate to finance the truck with the first annual payment in arrears following the purchase of the truck which was on October 22, 2020; and, WHEREAS, the total lease purchase cost including interest of $38,606.80 is $796,200.80; and, WHEREAS, bids were received for a five (5) year lease purchase agreement for the lease purchase of a Pierce Enforcer Fire Pumper Truck; and, WHEREAS, Signature Public Funding Corp, of Towson, Maryland, submitted a bid at a fixed interest rate of 1.68% and, WHEREAS, the City Council is of the opinion that the bid submitted by Signature Public Funding Corp, of Towson, Maryland, is in the best interest of the City of Beaumont and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Signature Public Funding Corp, of Towson, Maryland, for a five (5) year lease purchase agreement at a fixed interest rate of 1.68% and a total lease purchase cost of $796,200.80, as shown on Exhibit "A," attached hereto, for the lease purchase of a Pierce Enforcer Fire Pumper Truck, be accepted by the City of Beaumont. THAT the City Manager be and he is hereby authorized to execute a five (5) year lease purchase agreement with Signature Public Funding Corp, of Towson, Maryland, substantially in the form attached hereto as Exhibit "B," for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of January, 2021. - Mayor Becky Ames - January 26, 2021 Consider a resolution authorizing the City Manager to accept funding for the Water Plant Electrical Building Floodproofmg Project through the Hazard Mitigation Grant Program BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Public Works Director MEETING DATE: January 26, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to accept funding for the Water Plant Electrical Building Floodproofmg Project through the Hazard Mitigation Grant Program. BACKGROUND The Hazard Mitigation Grant Program assists states and communities in implementing long-term hazard mitigation measures after a major disaster. Funding became available following Hurricane Harvey. The Water Plant located at 2550 Pine Street is a critical facility of the City of Beaumont and serves the entire city population of 119,114 residents along with some outlying areas surrounding the City. The Water Plant is powered by a electrical control building which is located within the plant. The flooding source for this structure is Brakes Bayou. The proposed project is to floodproof the electrical control building to prevent the city from experiencing a long-term loss of treated water due to any future flood/storm damage. The City would receive $577,359.75 in HMGP grant funding. The State of Texas will provide an additional $144,339.94 towards the city match leaving the city responsible for the remaining $48,113.31. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. TDEM. THE TEXASA&M UNIVERSITY SYSTEM December 16, 2020 Mr. Kyle Hayes City Manager City of Beaumont 801 Main Street Beaumont, TX, 77701 RE: Sub -Grant Award Dear Mr. Hayes, The Texas Division of Emergency Management (TDEM) has issued a sub -grant for the Hazard Mitigation Grant Program (HMGP) DR-4332, Hurricane Harvey. The following is the information related to this award: The following is the information related to this award: Sub -Recipient Information: DUNS Number: 073901118 TINS Number: 74-6000278 FIPS Number: 245-07000-00 Award Information: Catalog of Federal Domestic Assistance: 97.039 FEMA Award Identification Number: DR-4332-0171 Project Title: City of Beaumont WTP Electrical Control Bldg Flood Proofing .Period of Performance (POP): November 24, 2020 to May 22, 2023 TOTAL PROJECT COST AWARD Total Federal Federal Cost Local Cost Local Cost Version / Date Subgrant Cost Share Share Share Share Amendment Amount Percentage Amount Percentage Amount 0 11/23/2020 $769,813.00 75% $577,359.75 25% $192,453.25 Please Note: This award is not for research or development as defined in 2 Code of Federal Regulations (C. F. R.) § 200.87. 1033 LaPosada Dr Ste 300 Austin Texas 78752 24 Hours: 512-424-2208, Fax 512-424-2444 Page 2 DR-4332-0171 Award Letter The eligible management costs for a reimbursement request are calculated by multiplying the eligible direct project costs submitted by the percentage of obligated management costs (5%) for the project. In some cases, the management costs submitted for a reimbursement will exceed the eligible management cost amount. In this instance, the management costs will be trapped until additional eligible direct project costs are submitted for reimbursement. TOTAL ELIGIBLE MANAGEMENT COSTS Total Federal Federal Cost Local Cost Local Cost Version / Date Management Cost Share Share Share Share Amendment Costs Percentage Amount Percentage' Amount 0 11 /23/2020 $38,490.65 100% $38,490.65 0% $0 The approved Scope of Work (SOW) follows and the terms and conditions of this award are attached. It is important that the sub -recipient read, understand and comply with the SOW and all terms and conditions. It is also vital that this information be disseminated to sub - recipient's staff and contractors involved in work related to this project. The following is the approved Scope of Work (SOW) for the above -referenced project: The proposed project is to flood proof the electrical control building to prevent the city from experiencing a long-term loss of treated water due to any future flood/storm damage. The project proposes to build a retaining wall to enclose the electrical service building that will be at an average elevation of 6 feet above grade with a thickness of 12 inches. Additionally, an asphalt access road will be provided to allow access to the electrical and generator building from a higher elevation behind the proposed flood wall. The flood wall will also enclose the existing generator. The existing generator fuel tank will not be enclosed but will be elevated as part of the proposed project. Sump and sump pumps will be installed, and paralleling gear controllers will be replaced. Properties that have been approved as components in this project's SOW are listed below Property ID ° . Propeefy Address . Latitude Longitude1550 Pine Street, Beaumont, TX 77703 1550 Pine Street,30.0965436 Beaumont, TX 77703 t -94.09935810 1033 LaPosada Dr Ste 300 Austin Texas 78752 24 Hours: 512-424-2208, Fax 512-424-2444 Page 3 DR-4332-0171 Award Letter In accordance with FEMA Instruction 108-1-1 and DHS Instruction 023-01-001-01; Categorically Excluded (CATEX) N7 and N9, FEMA concludes that the above mentioned project is categorically excluded from the National Environmental Policy Act (NEPA) requirement to prepare further environmental documentation. No extraordinary conditions in accordance with DHS Instruction 023-01 -001 -01 exist involving this project. Signing and returning this award letter indicates sub -recipient's acceptance of the scope of work of the sub -award, the ability to pay the local cost share and all grant terms and conditions outlined in the attached documents. The sub -recipient must ensure that: The initial quarterly progress report for the project is submitted at the end of the approving quarter. Please include the project number (provided above) in your future quarterly reports. Note that 44 C.F.R. § 206.438(c) indicates the State must provide a quarterly progress report to FEMA indicating the status and completion date for each project funded. The report must include any problems or circumstances affecting completion dates, SOW, or project cost that may result in non-compliance with the approved grant conditions. 2. In accordance with HMGP rules and policy, TDEM requires the submittal of all closeout documentation within 90-days of the project completion not to exceed, the POP. The Governor's Authorized Representative (GAR) "shall certify that reported costs were incurred in the performance of eligible work, that the approved work was completed and that the mitigation measure is in compliance with the provisions of the FEMA-State Agreement" in accordance with 44 C.F.R. § 206.438(d). If changes are needed to the SOW for the sub -award, period of performance or costs associated to the sub -award, the sub -recipient should immediately contact TDEM. No change to the sub -award will be considered approved until the sub -recipient is notified in writing by TDEM. This signed and dated award letter and attached grant terms and conditions must be returned to TDEM before payment on the sub -award can be processed. Your signature is required on this award letter and on the last page of the attached grant terms and conditions. You must also initial each exhibit on the last page of the grant terms and conditions. Please sign, date, and return both the award letter along with the attached grant terms and conditions acknowledging acceptance of this sub -award to the following address: 1033 LaPosada Dr Ste 300 Austin Texas 78752 24 Hours: 512-424-2208, Fax 512-424-2444 Page 4 DR-4332-0171 Award Letter Texas Division of Emergency Management 1033 La Posada, Suite 300 Austin, TX 78752 Kyle Hayes, City Manager Date Should you wish to appeal any determination related to this sub -award you must do so within 60 days of receipt of the notice of the action. You will need to provide your appeal with any documentation supporting your position to your assigned TDEM project officer within the allotted time. If you have any questions please contact your Mitigation Coordinator, Joshua Brogdon, at (713) 967-7011 or joshua.brogdon@tdem.texas.gov. Respectfully, W. m Kidd, MPA, CEM® Chief - Texas Division of Emergency Management Vice Chancellor for Disaster and Emergency Services The Texas A&M University System ATTACHMENTS: Grant Terms and Conditions Record of Environmental Considerations cc: Todd Simoneaux Keith Folsom Christopher Boone Timothy (Tim) Ocnaschek Glenda Piazza Jeff Ward Adina Josey 1033 LaPosada Dr Ste 300 Austin Texas 78752 24 Hours: 512424-2208, Fax 512-424-2444 GRANT TERMS AND CONDITIONS This Grant Agreement (consisting of these terms and conditions and all exhibits) is made and entered into by and between the Texas Division of Emergency Management (TDEM), an agency of the State of Texas, hereinafter referred to as "TDEM," and the grant recipient, CITY OF BEAUMONT, hereinafter referred to as the "Subrecipient." Furthermore, TDEM and the Subrecipient are collectively hereinafter referred to as the "Parties." All subawards made under this grant agreement are subject to the same terms and conditions below. Subrecipient may not assign or transfer any interest in this Grant without the express, prior written consent of TDEM and DHS/FEMA. a. The term Recipient and pass -through entity have the same meaning as "Grantee," as used in governing statutes, regulations, and DHS/FEMA guidance. b. A Recipient is also a "non-federal entity" for grants administration purposes. c. A Subrecipient is also known as a "Subgrantee" as used in governing statutes regulations and DHS/ FEMA guidance. d. A Subrecipient is also a "non-federal entity" for grants administration purposes. e. The "Grant" referred to in this agreement is a subgrant to the Subrecipient passed thru from TDEM to the Subrecipient. f. Certifying Official will be the Mayor, Judge, or Executive Director authorized to execute these grant terms and conditions, and to submit changes of Subrecipient Agents. f. Projects and any subsequent versions for those projects accepted by the Subrecipient and subsequently obligated or deobligated by DHS/FEMA are considered subawards to this grant agreement. A. Standard of Performance. Subrecipient shall perform all activities as approved by TDEM. Any change to a project shall receive prior written approval by TDEM and, if required, by FEMA. Subrecipient shall perform all activities in accordance with all terms, provisions and requirements set forth in this Grant, including but not limited to the following Exhibits: 1. Assurances — Non -Construction Programs, hereinafter referred to as "Exhibit A" 2. Assurances — Construction Programs, hereinafter referred to as "Exhibit B" 3. Certifications for Grant Agreements, hereinafter referred to as "Exhibit 4. State of Texas Assurances, hereinafter referred to as "Exhibit D" 5. Environmental Review Certification, hereinafter referred to as "Exhibit E" 6. Additional Grant Conditions, hereinafter referred to as "Exhibit F" 7. Additional Grant Certifications, hereinafter referred to as "Exhibit G" 8. Request for Information and Documentation referred to as "Exhibit H" B. Failure to Perform. In the event Subrecipient fails to implement and complete the project(s) approved and awarded, or comply with any provision of this Grant, Subrecipient shall be liable to TDEM for an amount not to exceed the award amount of this Grant and may be barred from applying for or receiving additional DHS/FEMA grant program funds Page 1 of 20 TDEM — September 2019 GRANT TERMS AND CONDITIONS or any other grant program funds administered by TDEM until repayment to TDEM is made and any other compliance or audit finding is satisfactorily resolved, in addition to any other remedy specified in this Grant. Failure to timely implement and complete projects may reduce future funding in additional DHS/FEMA and/or other grant programs administered by TDEM. C. Funding Obligations. TDEM shall not be liable to Subrecipient for any costs incurred by Subrecipient that are not allowable costs. 1. Notwithstanding any other provision of this Grant, the total of all payments and other obligations incurred by TDEM under this Grant shall not exceed the total cumulative award amounts listed on the Subawards (projects and subsequent versions). 2. Subrecipient shall contribute the match funds listed on the subaward. Subrecipient shall refund to TDEM any sum of these Grant funds that has been determined by TDEM or DHS/FEMA to be an overpayment to Subrecipient or that TDEM determines has not been spent by Subrecipient in accordance with this Grant. No refund payment(s) shall be made from local, state or federal Grant funds unless repayment with Grant funds is specifically permitted by statute or regulation. Subrecipient shall make such refund to TDEM within thirty (30) calendar days after TDEM requests such refund D. Performance Period. The performance period for this Grant is listed on the subaward letter for each proiect. All proiects shall be completed within the performance period AND all reimbursement reauests shall be submitted to TDEM within 60 days of the end of the performance period. Subrecipient shall have expended all Grant funds and submitted reimbursement requests, invoices and any supporting documentation to TDEM within 60 days of the end of the performance period. TDEM shall not be obligated to reimburse expenses incurred after the performance period or submitted after the deadline. E. Uniform Administrative Reauirements. Cost Principals and.Audit Requirements. Except as specifically modified by law or this Grant, Subrecipient shall administer this Grant through compliance with the most recent version of all applicable laws and regulations, including but not limited to DHS program legislation, Federal awarding agency regulations, and the terms and conditions of this Grant. A non-exclusive list is provided below [not all may apply in every projects]: • Public Law 93-288, as amended (Stafford Act) • 44 CFR, Emergency Management and Assistance • Disaster Mitigation Act of 2000 • OMB Regulations 2 CFR, Grant and Agreements • Executive Order 11988, Floodplain Management • Executive Order 11990, Protection of Wetlands • Executive Order 12372, Intergovernmental Review of Programs and Activities • Executive Order 12549, Debarment and Suspension • Executive Order 12612, Federalism • Executive Order 12699, Seismic Design • Executive Order 12898, Environmental Justice • Coastal Barrier Resources Act, Public Law 97-348 • Single Audit Act, Public Law 98-502 • Sandy Recovery Improvement Act publications Page 2 of 20 TDEM — September 2019 GRANT TERMS AND CONDITIONS • 16 U.S.C. § 470, National Historic Preservation Act • 16 U.S.C. § 1531, Endangered Species Act References • FEMA program publications, guidance and policies F. State Reauirements for Grants. Subrecipient shall comply with all other federal, state, and local laws and regulations applicable to this Grant including but not limited to the laws and the regulations promulgated in Texas Government Code, Chapter 783, Uniform Grant and Contract Management, (UGMS) at:_ hftp://www.window.state.tx.us/procurement/catrad/ugms.pdf and the program State Administrative Plan, available at: hftps://qrants.tdem.texas.gov Subrecipient shall, in addition to the assurances and certifications, comply and require each of its subcontractors employed in the completion of the project to comply with all applicable statutes, regulations, executive orders, OMB circulars, terms and conditions of this Grant and the approved application. Grant funds may not be awarded to or expended by any entity which performs political polling. This prohibition does not apply to a poll conducted by an academic institution as part of the institution's academic mission that is not conducted for the benefit of a particular candidate or party. Grant funds may not be expended by a unit of local government unless the following limitations and reporting requirements are satisfied: 1. Texas General Appropriations Act, Art. IX, Parts 2 and 3, except there is no requirement for increased salaries for local government employees; 2. Texas Government Code Sections 556.004, 556.005, and 556.006, which prohibits using any money or vehicle to support the candidacy of any person for office, influencing positively or negatively the payment, loan, or gift to a person or political organization for a political purpose, and using Grant funds to influence the passage or defeat of legislation including not assisting with the funding of a lobbyist, or using Grant funds to pay dues to an organization with a registered lobbyist; 3. Texas Government Code Sections 2113.012 and 2113.101, which prohibits using Grant funds to compensate any employee who uses alcoholic beverages on active duty and Subrecipient may not use Grant funds to purchase an alcoholic beverage and may not pay or reimburse any travel expense for an alcoholic beverage; 4. Texas General Appropriations Act, Art. IX, Section 6.13, which requires Subrecipient to make every effort to attain key performance target levels associated with this Grant, including performance milestones, milestone time frames, and related performance reporting requirements; and 5. General Appropriations Act, Art. IX, Sections 7.01 and 7.02, and Texas Government Code §2102.0091, which requires that this Grant may only be expended if Subrecipient timely completes and files its reports. 1. Use of Funds. DHS/FEMA Grant funds may only be used for the purposes set forth in this Grant, and shall be consistent with the statutory authority for this Grant. Grant funds may not be used for matching funds for other Federal grants/cooperative agreements, lobbying, or intervention in Federal regulatory or adjudicatory proceedings. In addition, Page 3 of 20 TDEM — September 2019 GRANT TERMS AND CONDITIONS Federal funds may not be used to sue the Federal government or any other government entity. 2. Federal Employee Prohibition. Federal employees are prohibited directly benefiting from any funds under this Grant. 3. Points of Contacts. Within 10 calendar days of any change, Subrecipient shall notify TDEM of any change in designated of Subrecipient Agents as submitted during the execution of this agreement, and any subsequent changes submitted by Subrecipient. In the event a Subrecipient hires a consultant to assist them with managing its Public Assistance grants, they must be listed on the Designated Subrecipient Agent Form. TDEM will direct all correspondence to the Subrecipient but will cc: the consultant on all email exchanges. The Subrecipient will be responsible for sharing written communications with the consultant. The Subrecipient will remain the primary point of contact and must be included in all decision making activities. 4. DUNS Number. Subrecipient confirms its Data Universal Numbering Systems (DUNS) Number is accurate and is registered on Sams.gov. The DUNS Number is the nine digit number established and assigned by Dun and Bradstreet, Inc., at 866/705-5711 or http://fedgov.dnb.com/webform 5. Central Contractor Registration and Universal Identifier Requirements. Subrecipient maintains that it has registered on the System for Award Management (SAM) at www.sam.gov or other federally established site for contractor registration, and entered TDEM-required information. Subrecipient shall keep current, and then review and update the information at least annually. Subrecipient shall keep information current in the SAM database until the later of when it submits this Grant's final financial report or receives final Grant award payment. Subrecipient agrees that it shall not make any subaward agreement or contract related to this Grant without first obtaining the vendor/subawardee's mandatory DUNS number. See Section §200.32 of OMB 2 C.F.R. 6. Reporting Total Compensation of Subrecipient Executives. 2 C.F.R. §200.331; see FEMA Information Bulletin 350. a. Applicability and what to report: Subrecipient shall report whether Subrecipient received $25 million or more in Federal procurement contracts or financial assistance subject to the Transparency Act per 2 C.F.R. §200.331. Subrecipient shall report whether; 80% or more of Subrecipient's annual gross revenues were from Federal procurement contracts or Federal financial assistance. If Subrecipient answers "yes" to both questions, Subrecipient shall report, along with Subrecipient's DUNS number, the names and total compensation (see 17 C.F.R. §229.402(c)(2)) for each of Subrecipient's five most highly compensated executives for the preceding completed fiscal year. b. Where and when to report: Subrecipient shall report executive total compensation at www.sam.gov or other federally established replacement site. By signing this Grant, Subrecipient certifies that, if required, Subrecipient's jurisdiction has already registered, entered the required information, and shall keep information in the SAM database current, and update the information at least annually for each year until the later of when the jurisdiction submits its final financial report or receives final payment. Subrecipient agrees that it shall not make any subaward agreement or contract without first obtaining the subawardee's mandatory DUNS number. 7. Debarment and Suspension. Subrecipient shall comply with Executive Order 12549 and 12689, which provide protection against waste, fraud, and abuse by debarring or Page 4 of 20 TDEM — September 2019 GRANT TERMS AND CONDITIONS suspending those persons deemed irresponsible in their dealings with the Federal government. 8. Direct Deposit. A completed direct deposit form from Subrecipient shall be provided to TDEM, prior to receiving any payments under the provisions of this grant. The direct deposit form is currently available at grants. tdem.texas.gov under Resources/Public Assistance. 9. Property Management and Inventory. Subrecipient shall maintain property/inventory records which, at minimum, shall include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date, the cost of the property, the percentage of Federal participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property Subrecipient shall develop and implement a control system to prevent loss, damage or theft of property and Subrecipient shall investigate and document any loss, damage or theft of property funded under this Grant. 10. Site Visits. DHS/FEMA and/or TDEM, through its authorized representatives, have the right at all reasonable times to make site visits to review project accomplishments and management control systems and to provide such technical assistance as may be required. If any site visit is made by DHS/FEMA on the premises of Subrecipient or a contractor under this Grant, Subrecipient shall provide and shall require its contractors to provide all reasonable facilities and assistance for the safety and convenience of the government representatives in the performance of their duties. All site visits and evaluations shall be performed in such a manner that will not unduly delay the work. H. Procurement and Contracting. 1. Procurements. Subrecipient shall comply with all applicable federal, state, and local laws and requirements, including but not limited to proper competitive solicitation processes where required, for any procurement which utilizes federal funds awarded under this Grant in accordance with 2 C.F.R. 200. 318-326 and Appendix II to Part 200 (A-C) and (E-J) 2. Contract Provisions. All contracts executed using funds awarded under this Grant shall contain the contract provisions listed under 2 C.F.R. 200.326 and Appendix II (A), Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. 3. Procurement activities must follow the most restrictive of Federal, State and Local procurement regulations: a. Procurement by micro purchase b. Procurement by small purchase c. Procurement by sealed bid d. Procurement by competitive proposal e. Procurement by non-competitive proposal, solely when the award of a contract is unfeasible under the other methods The State must be contacted for approval to use a noncompetitive procurement method. Failure to follow eligible procurement methods will result in ineligible costs. Other types of agreements for services must have State approval prior to use or execution. A copy of the local procurement policy must be provided to the State before initial payment. Page 5 of 20 TDEM — September 2019 GRANT TERMS AND CONDITIONS The cost plus a percentage of cost and percentage of construction cost methods of contracting are ineligible. Must perform cost/price analysis for every procurement action in excess of the Simplified Acquisition Threshold. Must negotiate profit as a separate element where required. 4. Evidence of non -debarment for vendors must be documented through. http://www.sam.gov/portal/public/SAM and http://www.window.state.tx.us/procurement/prog/vendor performance/debarred/ and submitted for review. 5. Comply with rules related to underutilized businesses (small and minority businesses, women's enterprises and labor surplus firms) at 2 CFR 200.321 I. Monitoring. Subrecipient will be monitored periodically by federal, state or local entities, both programmatically and financially, to ensure that project goals, objectives, performance requirements, timelines, milestone completion, budget, and other program -related criteria are met. TDEM, or its authorized representative, reserves the right to perform periodic desk/office- based and/or on -site monitoring of Subrecipient's compliance with this Grant and of the adequacy and timeliness of Subrecipient's performance pursuant to this Grant. After each monitoring visit, if the monitoring visit reveals deficiencies in Subrecipient's performance under this Grant, a monitoring report will be provided to the Subrecipient and shall include requirements for the timely correction of such deficiencies by Subrecipient. Failure by Subrecipient to take action specified in the monitoring report may be cause for suspension or termination of this Grant pursuant to the Suspension and/or Termination Section herein. J. Audit. 1. Audit of Federal and State Funds. Subrecipient shall arrange for the performance of an annual financial and compliance audit of funds received and performances rendered under this Grant as required by the Single Audit Act (OMB 2 C.F.R. 200.501, formerly A- 133). Subrecipient shall comply, as applicable, with Texas Government Code, Chapter 783, the Uniform Grant Management Standards (UGMS), the State Uniform Administrative Requirements for Grants and Cooperative Agreements. 2. Right to Audit. Subrecipient shall give the United States Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), the Comptroller General of the United States, the Texas State Auditor, TDEM, or any of their duly authorized representatives, access to and the right to conduct a financial or compliance audit of Grant funds received and performances rendered under this Grant. Subrecipient shall permit TDEM or its authorized representative to audit Subrecipient's records. Subrecipient shall provide any documents, materials or information necessary to facilitate such audit. 3. Subrecipient's Liability for Disallowed Costs. Subrecipient understands and agrees that it shall be liable to TDEM for any costs disallowed pursuant to any financial or compliance audit(s) of these funds. Subrecipient further understands and agrees that reimbursement to TDEM of such disallowed costs shall be paid by Subrecipient Page 6 of 20 TDEM — September 2019 GRANT TERMS AND CONDITIONS from funds that were not provided or otherwise made available to Subrecipient pursuant to this Grant or.any other federal contract. 4. Subrecipient's Facilitation of Audit. Subrecipient shall take such action to facilitate the performance of such audit(s) conducted pursuant to this Section as TDEM may require of Subrecipient. Subrecipient shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Subrecipient and the requirement to cooperate is included in any subcontract it awards. 5. State Auditor's Clause. Subrecipient understands that acceptance of funds under this Grant acts as acceptance of the authority of the State Auditor's Office to conduct an audit or investigation in connection with those funds. Subrecipient further agrees to cooperate fully with the State Auditor's Office in the conduct of the audit or investigation, including providing all records requested. Subrecipient shall ensure that this clause concerning the State Auditor's Office's authority to audit funds and the requirement to cooperate fully with the State Auditor's Office is included in any subgrants or subcontracts it awards. Additionally, the State Auditor's Office shall at any time have access to and the rights to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of Subrecipient relating to this Grant. K. Retention and Accessibility of Records. 1. Retention of Records. Subrecipient shall follow its own internal retentaion policy, or the state's retention policy, whichever is stricter. At a minimum, the subrecipient shall maintain fiscal records and supporting documentation for all expenditures of this Grant's funds pursuant to the applicable OMB 2 C.F.R. Subpart D — Post Federal Award Requirements, §200.333-337, and this Grant. Subrecipient-shall retain these records and any supporting documentation for a minimum of three (3) years from the later of the completion of this project's public objective, submission of the final expenditure report, any litigation, dispute, or audit. Records shall be retained for three (3) years after any real estate or equipment final disposition. The DHS or TDEM may direct Subrecipient to retain documents or to .transfer certain records to DHS/FEMA custody when DHS/FEMA determines that the records possess long term retention value. 2. Access to Records. Subrecipient shall give the United States Department of Homeland Security, the Comptroller General of the United States, the Texas State Auditor, TDEM, or any of its duly authorized representatives, access to and the right to examine all books, accounts, records, reports, files, other papers, things or property belonging to or in use by Subrecipient pertaining to this Grant including records concerning the past- use of DHS/FEMA funds. Such rights to access shall continue as long as the records are retained by Subrecipient. L. Chanaes, Amendments. Suspension or Termination 1. Modification. DHS/FEMA or TDEM may modify this Grant after an award has been made. Once notification has been made in writing, any subsequent request for funds indicates Subrecipient's acceptance of the changes to this. Grant. Any alteration, addition, or deletion to this Grant by Subrecipient is not valid. 2. Effect of Changes in Federal and State Laws. Any alterations, additions, or deletions to this Grant that are required by changes in federal and state laws, regulations or policy are automatically incorporated into this Grant without written amendment to this Grant and shall become effective upon the date designated by such law or regulation. In the event DHS/FEMA or TDEM determines that changes are necessary to this Grant after an award has been made, including changes to the period of performance or terms and conditions, Subrecipient shall be notified of the changes in writing._ Once notification has Page 7 of 20 TDEM — September 2019 GRANT TERMS AND CONDITIONS been made, any subsequent request for funds will indicate Subrecipient's acceptance of the changes to this Grant. 3. Suspension. In the event Subrecipient fails to comply with any term of this Grant, TDEM may, upon written notification to Subrecipient, suspend this Grant, in whole or in part, withhold payments to Subrecipient and prohibit Subrecipient from incurring additional obligations of this Grant's funds. 4. Termination. TDEM shall have the right to terminate this Grant, in whole or in part, at any time before the end of the Performance Period, if TDEM determines that Subrecipient has failed to comply with any term of this Grant. TDEM shall provide written notice of the termination and include: a. The reason(s) for such termination; b. The effective date of such termination; and c. In the case of partial termination, the portion of this Grant to be terminated. d. Appeal may be made to the Deputy Chief of the Texas Division of Emergency Management - Recovery & Mitigation. M. Enforcement. If Subrecipient materially fails to comply with any term of this Grant, whether stated in a federal or state statute or regulation, an assurance, in a state plan or application, a notice of award, or elsewhere, TDEM or DHS/FEMA may take one or more of the following actions, as appropriate in the circumstances: 1. Increased monitoring of projects and require additional financial and performance reports 2. Require all payments as reimbursements rather than advance payments 3. Temporarily withhold -payments pending correction of the deficiency 4. Disallow or deny use of funds and matching credit for all or part of the cost of the activity or action not in compliance; 5. Request DHS/FEMA to wholly or partially de -obligate funding for a project 6. Temporarily withhold cash payments pending correction of the deficiency by subrecipient or more severe enforcement action by TDEM or DHS/FEMA; 7_ Withhold further awards for the grant program 8. Take other remedies that may be legally available In taking an enforcement action, TDEM will provide Subrecipient an opportunity for a hearing, appeal, or other administrative proceeding to which Subrecipient is entitled under any statute or regulation applicable to the action involved. The costs of Subrecipient resulting from obligations incurred by Subrecipient during a suspension or after termination of this Grant are not allowable unless TDEM or DHS/FEMA expressly authorizes them in the notice of suspension or termination or subsequently. Other Subrecipient costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if: • The costs result from obligations which were properly incurred by Subrecipient before the effective date of suspension or termination, are not in anticipation of it, and in the case of a termination, are non -cancellable; and • The costs would be allowable if this Grant were not suspended or expired normally at the end of the funding period in which the termination takes effects. The enforcement remedies identified in this section, including suspension and termination, do not preclude Subrecipient from being subject to "Debarment and Suspension" under E.O. Page 8 of 20 TDEM — September 2019 GRANT TERMS AND CONDITIONS 12549. 2 C.F.R., Appendix II to Part 200, (1). N. Conflicts of Interest. The subrecipient will maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts and will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. O. Closina of this Grant. TDEM will close each subaward after receiving all required final documentation from the Subrecipient. If the close out review and reconciliation indicates that Subrecipient is owed additional funds, TDEM will send the final payment automatically to Subrecipient. If Subrecipient did not use all the funds received, TDEM will recover the unused funds. At the completion and closure of all Subrecipient's projects (subawards), TDEM will request the Subrecipient to Certify the completion of all projects (subawards) in accordance of the grants terms and conditions to state there are no further claims under this subgrant. The closeout of this Grant does not affect: 1. DHS/FEMA or TDEM's right to disallow costs and recover funds on the basis of a later audit or other review; 2. Subrecipient's obligation to return any funds due as a result of later refunds, corrections, or other transactions; 3. Records retention requirements, property management requirements, and audit requirements, as set forth herein; and 4. Any other provisions of this Grant that impose continuing obligations on Subrecipient or that govern the rights and limitations of the parties to this Grant after the expiration or termination of this Grant. P. Notices, All notices and other communications pertaining to this agreement shall be delivered in electronic format and/or writing and shall be transmitted by fax, e-mail, personal hand -delivery (and receipted for) or deposited in the United States Mail, as certified mail, return receipt requested and postage prepaid, to the other party. Page 9 of 20 TDEM — September 2019 GRANT TERMS AND CONDITIONS EXHIBIT A ASSURANCES - NON -CONSTRUCTION PROGRAMS See Standard Form 424B As the duly authorized representative of Subrecipient, I certify that Subrecipient: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non - Federal share of project cost) to ensure proper planning, management and completion of the project described in this Grant 2. Will give the Department of Homeland Security, the Texas Division of Emergency Management, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to this Grant and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These indude but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686 and 44 C.F.R. Part 19), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination In the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which agreement for Federal assistance is being made; and Q) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply or has already complied with the requirements of Titres II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501- 1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally -assisted construction sub -agreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of Insurable construction and acquisition is $10,000 or more. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190 as amended by 42 U.S.C. 4311 et seq. and Executive Order (EO) 11514) which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters. To comply with NEPA for DHS grant -supported activities, DHS-FEMA requires the environmental aspects to be reviewed and evaluated before final action on the application; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f)comply with the Clean Air Act of 1977, (42U.S.C. §§7401 et seq. and Executive Order 11738) providing forthe protection of and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters; (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470). EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 14. Will comply with P.L. 93-348, 45 C.F.R. 46, and DHS Management Directive 026-044 (Directive) regarding the protection of human subjects involved in research, development, and related activities supported by this Grant "Research" means a systematic investigation, including research, development, testing, and evaluation designed to develop or contribute to general knowledge. See Directive for additional provisions for induding humans in the womb, pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). See also state and local law for research using autopsy materials. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) which requires the minimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commercially, or exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government Principals Regarding the Care and Use of Animals. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.), which prohibits the use of lead -based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits In accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133 (now OMB 2 C.F.R. 200.500), "Audits of States, Local Governments, and Non -Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance, and policies governing this Grant Page 10 of 20 TDEM — September 2019 GRANT TERMS AND CONDITIONS EXHIBIT B ASSURANCES - CONSTRUCTION PROGRAMS See Standard Form 4241) As the duly authorized representative of Subrecipient, I certify that Subrecipient: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of project described in this Grant 2. Will give the Department of Homeland Security, the Texas Division of Emergency Management, the Comptroller General of the United States and, if appropriate, the State, the right to examine all records, books, papers, or documents related to this Grant and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of this Grant 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the awarding agency or State. 6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. 8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards of merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 9. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead -based paint in construction or rehabilitation of residence structures. 10. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681 1683, and 1685-1686 and 44 C.F.R. Part 19), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29) U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statue(s) under which agreement for Federal assistance is being made; and Q) the requirements of any other nondiscrimination statue(s) which may apply to the agreement 11. Will comply or has already complied with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333) regarding labor standards for federally- assisted construction sub -agreements. 14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P. L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L 91- 190) as amended by 42 U.S.C. 4311 et seq. and Executive Order (EO) 11514 which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) comply with the Clean Air Act of 1977, (42 U.S.C. §§7401 et seq. and Executive Order 11738) providing for the protection of and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters; (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq). 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133 (now OMB 2 C.F.R. 200.500), "Audits of States, Local Governments, and Non -Profit Organizations." 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance and policies governing this Grant. Page 11 of 20 TDEM — September 2019 GRANT TERMS AND CONDITIONS Exhibit C Certifications for Grant Agreements The undersigned, as the authorized official, certifies the following to the best of his/her knowledge and belief. A. No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee or a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee or a Member of Congress in connection with this Federal contract, grant, loan, 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 certification prohibiting lobbying be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. D. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 C.F.R. Part 67, for prospective participants in primary covered transactions, as defined at 28 C. F.R. Part67, Section 67.510. (Federal Certification), the Subrecipient certifies that it and its principals and vendors: 1. Are not debarred, suspended, proposed for debarment, 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. Subrecipient can access debarment information by going to www.sam.gov and the State Debarred Vendor List at:_ www.window.state.tx.us/procurement/r)rog/vendor performance/debarred. 2 Have not within a three-year period preceding this Grant been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3 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 (D)(2) of this certification; 4. Have not within a three-year period preceding this Grant had one or more public transactions (Federal, State, or local) terminated for cause or default; or 5. Where Subrecipient is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this Grant. (Federal Certification). E. Federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. Subrecipient may be required to supply documentation certifying that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. F. Subrecipient will comply with 2 C. F.R. Part 180, Subpart C as a condition of receiving grant funds and Subrecipient will require such compliance in any subgrants or contract at the next tier. G. Subrecipient will comply with the Drug -free Workplace Act, in Subpart B of 2 C.F.R. Part 3001. H. Subrecipient is not delinquent on any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129 and form SF-424, item number 17 for additional information and guidance. L Subrecipient will comply with all applicable requirements of all other federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this Grant. d Subrecipient understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of funds in this Grant. Page 12 of 20 TDEM — September 2019 GRANT TERMS AND CONDITIONS EXHIBIT D State of Texas Assurances As the duly authorized representative of Subrecipient, I certify that Subrecipient: 1. Shall comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of the Subrecipient's governing body or of the Subrecipient's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. 2. Shall insure that all information collected, assembled, or maintained by the Subrecipient relative to a project will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly prohibited by law. 3. Shall comply with Texas Government Code, Chapter 551, which requires all regular, special, or called meetings of governmental bodies to . be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. 4. Shall comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments. 5. Shall not contract with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if the Subrecipient is a health, human services, public safety, or law enforcement agency and the license, permit, or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. 6. Shall comply with all rules adopted by the Texas Commission on Law Enforcement pursuant to Chapter 1701, Texas Occupations Code, or shall provide the grantor agency with a certification from the Texas Commission on Law Enforcement that the agency is in the process of achieving compliance with such rules if the Subrecipient is a law enforcement agency regulated by Texas Occupations Code, Chapter 1701. 7. Shall follow all assurances. When incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds. Administering state agencies and subrecipients shall maintain an appropriate contract administration system to insure that all terms, conditions, and specifications are met. (See UGMS Section _ 36 for additional guidance on contract provisions). 8. Shall comply with the Texas Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Subrecipient shall also ensure that all program personnel are properly trained and aware of this requirement. 9. Shall comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex, (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990 including Titles I, II, and III of the Americans with Disability Act which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities, 44 U.S.C. §§ 12101-12213; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and a) the requirements of any other nondiscrimination statute(s) which may apply to this Grant. 10. Shall comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally assisted construction subagreements. 11. Shall comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91- 646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Shall comply with the provisions of the Hatch Political Activity Act (5 U.S.C. §§7321-29), which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Shall comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovemmental Personnel Act of 1970, as applicable. Page 13 of 20 TDEM — September 2019 GRANT TERMS AND CONDITIONS 14. Shall insure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the. project is under consideration for listing by the EPA (EO 11738). ' 15. Shall comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93- 234. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. 16. Shall comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of federal actions to State (Clear Air) Implem entation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 17. Shall comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 18. Shall assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 19. Shall comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) which requires the minimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commer cially, or exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government Principals Regarding the Care and Use of Animals. 20. Shall comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead -based paint in construction or rehabilitation of residential structures. 21. Shall comply with the Pro -Children Act of 1994 (Public Law 103-277), which prohibits smoking within any portion of any indoor facility used for the provision of services for children. 22. Shall comply with all federal tax laws and are solely responsible for filing all required state and federal taxforms. 23. Shall comply with all applicable requirements of all other federal and state laws, executive orders, regulations, and policies governing this program. 24. And its principals are eligible to participate and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state, or local governmental entity and it is not listed on a state or federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement have Exclusions listed athttps://www.sam.gov/portal/public/SAM/. 25. Shall adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq. Page 14 of 20 TDEM — September 2019 IS33-1Ui9A16 &M_1TI T17111061-LIV EXHIBIT E Environmental Review As the duly authorized representative of Subrecipient, I certify that Subrecipient: 1. shall assess its federally funded projects for potential impact to environmental resources and historic properties. 2. shall submit any required screening form(s) as soon as possible and shall comply with deadlines established by TDEM. Timelines for the Environmental Planning and Historic Preservation (EHP) review process will vary based upon the complexity of the project and the potential for environmental or historical impact 3. shall include sufficient review time within its project management plan to comply with EHP requirements. Initiation of any activity prior to completion of FEMA's EHP review will result in a non-compliance finding and TDEM will not authorize or release Grant funds for non -compliant projects. 4. as soon as possible upon receiving this Grant, shall provide information to TDEM to assist with the legally -required EHP review and to ensure compliance with applicable EHP laws and Executive Orders (EO) currently using the FEMA EHP Screening Form OMB Number 1660-0115/FEMA Form 024-0-01 and submitting it, with all supporting documentation, to TDEM for review. These EHP requirements include but are not limited to the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, EO 11988 — Floodplain Management, EO 11990 — Protection of Wetlands, and EO 12898 — Environmental Justice. Subrecipient shall comply with all Federal, State, and local EHP requirements and shall obtain applicable permits and clearances. 5. shall not undertake any activity from the project that would result in ground disturbance, facility modification, or purchase and use of sonar equipment without the prior approval of FEMA. These include but are not limited to communications towers, physical security enhancements involving ground disturbance, new construction, and modifications to buildings. 6. shall comply with all mitigation or treatment measures required for the project as the result of FEMA's EHP review. Any changes to an approved project description will require re-evaluation for compliance with EHP requirements before the project can proceed. 7. if ground disturbing activities occur during project implementation, Subrecipient shall ensure monitoring of ground disturbance and if any potential archeological resources are discovered, Subrecipient shall immediately cease construction in that area and notify FEMA and the appropriate State Historical Preservation Office. Page 15 of 20 TDEM — September 2019 GRANT TERMS AND CONDITIONS EXHIBIT F Additional Grant Conditions 1. Additional damage requiring a new Public Assistance project to be written must be reported within 60 days following the Project Scoping meeting with the State- Federal team. 2. All work must be done prior to the approved project completion deadline assigned to each Project (POP). Should additional time be required,,a time extension request must be submitted which: a.) Identifies the projects requiring an extension. b.) Explains the reason for an extension. c.) Indicates the percentage of work that has been completed. d.) Provides an anticipated completion date. The reason for an extension must be based on extenuating circumstances or unusual project requirements that are beyond the control of your jurisdiction/organization. Failure -to submit a time extension request 60 days prior to the end of the period of performance may result in reduction or withdrawal of federal funds for approved work. 3. Any significant change to a project's approved Scope of Work must be reported and approved through TDEM and FEMA before starting the project. Failure to do so will jeopardize grant funding. The Subrecipient shall submit requests for cost overruns requiring additional obligations to TDEM, who will forward to FEMA for review and approval prior to incurring costs. 4. The Project Completion and Certification Report must be submitted to TDEM within 60 days of all approved work being completed for each project. If any project requires the purchase of insurance as a condition of receiving federal funds, a copy of the current policy must be attached to this report, or Duplication of Benefits form certifying other funds were received to complete the project. 5. A cost overrun appeal on small ($128,900) Public Assistance projects must be reported to the Texas Division of Emergency Management (TDEM) within 60 days of completing the last small project in order to be considered for additional funding. 6. Appeals may be filed on any determination made by FEMA or TDEM. All appeals must be submitted to TDEM within 60 days from receiving written notice of the action you wish to appeal. Should you wish to appeal a determination contained in the project application, the 60 days will start the day the application is signed. Appeals for Alternative Projects will be subject to the terms of the signed agreement for the Alternative Project. 7. Public Assistance program projects will not receive funding until all of the requirements identified in the comments section of the Project Worksheet are met. 8. You may request a payment of funds on projects by initiating a Request for Reimbursement (RFR) in TDEM's Grant Management System (GMS) or an Advance of Funds Request (AFR), and including documentation supporting, your request. Small Public Assistance projects are paid upon obligation and will be initiated by TDEM personnel. Payments for open projects must be requested at least quarterly if expenditures have been made in that quarter. 9. Subrecipients will be required to submit quarterly project reports (QPR) for open large projects using TDEM's GMS. Your assigned Grant Coordinator will coordinate the due date for your specific reporting. Public Assistance program small projects are typically exempt from quarterly reporting, however TDEM reserves the right to require APRs on any smalls requiring a POP extension. The first quarterly report will be due at the end of the first full quarter following the quarter in which the project was obligated. No quarterlies are required for projects that Subrecipient has initiated a closeout request and has provided a certificate of completion. Failure to submit required quarterly reports for two or more quarters can result in withholding or deobligation of funding for Subrecipients until all reports are submitted and up-to-date. Page 16 of 20 TDEM — September 2019 GRANT TERMS AND CONDITIONS 10.Subrecipients expending $750,000 or more in total Federal financial assistance in a fiscal year will be required to provide an audit made in accordance with OMB Uniform Guidance; Cost Principles, Audit, and Administrative Requirements for Federal Awards, Subpart F. A copy of the Single Audit must be submitted to your cognizant State agency or TDEM within nine months of the end of.the subrecipient's fiscal year. Consult with your financial officer regarding this requirement. If not required to submit a single audit, a letter must be sent to TDEM certifying to this. 11. Subrecipients will not make any award to any party which is debarred or suspended, or is otherwise excluded from participation in the Federal assistance programs (EO 12549, Debarment and Suspension). Subrecipient must maintain documentation validating review of debarment list of eligible contractors. 12.Subrecipients must keep record of equipment acquired by federal funds for the life cycle of the equipment. A life cycle for most equipment will be three years, but could be longer. If the fair market value of a piece of equipment is valued over $5,000, FEMA will have the right to a portion of proceeds if equipment is sold. If the fair market value of a piece of equipment is less than $5,000, the property can either be retained, sold or designated as surplus with no further obligation to FEMA. 13.TDEM will be using the new FEMA Public Assistance Delivery Model to facilitate the writing of project worksheets (Portal). Subrecipient will be responsible for establishing and maintaining an active account in the Portal and to provide and upload timely, all information requested that is needed to write accurate project worksheets. The Portal will provide the Subrecipient visibility of the entire project writing process. 14. TDEM will be using its new Grant Management System (GMS) for Subrecipient grant management functions. Subrecipient will access GMS to initiate Requests for Reimbursements (RFR), Advance of Funds Requests (AFR), Time Extensions, Scope and Cost changes requests, Quarterly Reports, Project Closeouts, Appeals, . and other items deemed necessary by TDEM. Requested forms and processes may be adjusted and changed to accommodate GMS processes and requirements. Subrecipient agrees to monitor GMS as necessary to properly manage and complete awarded projects under this agreement. 16.2 CFR 200.210(a)(15), 2 CFR 200.331(a)(1)(xiii) and (a)(4) make reference to indirect cost rates. The Subrecipient may use the negotiated Indirect Cost Rate approved by its cognizant agency, or may use the 10% de minimis rate of modified total direct costs (MTDC) (as per § 200.414) when receiving Management Costs. Page 17 of 20 TDEM — September 2019 GRANT TERMS AND CONDITIONS EXHIBIT G Match.Ceitificatidn. ry r Additional Grant Certifications Subrecipient certifies that it has the ability to meet or exceed the cost share required for all subawards (Projects) and amendments (versions) under this Grant Agreement. ,Du lication',,, f64ram.St6,tement_ Subrecipient certifies there has not been, nor will there be, a duplication of benefits for this project. Match Certification Pdderal DebtDisclosure Subrecipient certifies that it is not delinquent on any Federal Debt. Mamten�n"'ce'v4greemerit "�� Applicant certifies that if there is a Maintenance Agreement needed for this facility copy of that agreement will be provided to TDEM. Environmental Justice Statement ;y t� t Federal Executive Order 12898 compliance requirements — If there are any concentrations of low income or minority populations in or near the HMGP project: 1. Applicant certifies that the HMGP project result will not result in a disproportionately high or adverse effect on low income or minority populations. OR 2. Applicant certifies that action will betaken to ensure achievement of environmental justice for low income and minority populations related to this HMGP project. Page 18 of 20 TDEM — September 2019 Request for Information and Documentation Policy and Guideline It is crucial to the success of the overall Grant Program and to the timely completion and closure of awarded projects that timelines be established for providing information and documentation. TDEM has developed a framework to support this endeavor following a progressive series of communications for the Subrecipient (RFI). TDEM will work with you throughout the RFI process as communication is the key to your success. RFI Timelines First Informal Request The primary contact for the Subrecipient will receive the RFI via email with five business days to respond. Second Informal Request A second email to the primary contact will be sent with an additional five business days to respond. Third Informal Request A phone call will be made to the primary contact with a third email requesting the information to be provided within five business days. The Regional Section Administrator and State Coordinator will be copied. Fourth Formal Request The Supervising Program Director of Recovery will issue a certified letter to the highest ranking official highlighting previous requests and an additional ten days to provide the requested information. Final Formal Request A final request by certified letter will be issued by the Deputy Assistant Director of Recovery, Mitigation, and Standards, or the Assistant Director of the Texas Division of Emergency Management to the highest ranking official giving the final ten business days to respond or deobligation of the project will begin. Final Action If the RFI is not sufficiently answered, the project will be deobligated, and any previously paid funds must be returned to TDEM. Reference: RMS Services Grant Program Request for Information and Documentation August 2017 Page 19 of 20 GRANT TERMS AND CONDITIONS Please initial by each Exhibit, acknowledging you have received them, understand them, and agree to abide by them. Assurances — Non -Construction Programs, hereinafter referred to as "Exhibit A" Assurances — Construction Programs, hereinafter referred to as "Exhibit B" Certifications for Grant Agreements, hereinafter referred to as "Exhibit C" State of Texas Assurances, hereinafter referred to as "Exhibit D" Environmental Review Certification, hereinafter referred to as "Exhibit E" Additional Grant Conditions, hereinafter referred to as "Exhibit F" Additional Grant Certifications, hereinafter referred to as "Exhibit G" Request for Information and Documentation referred to as "Exhibit H" Please sign below to acknowledged acceptance of the grant and.all exhibits in this agreement, and to abide by all terms and conditions. Signature of Certifying Official Printed Name and Title Date Page 20 of 20 TDEM — September 2019 08/25/2020 FEDERAL EMERGENCY MANAGEMENT AGENCY REC-01 15:33:45 RECORD OF ENVIRONMENTAL CONSIDERATION (REC) Project HMGP-DR-4332-TX Project #171 Title: City of Beaumont Water Treatment Plant Electrical Control Building Flood Proofing NEPA DETERMINATION Non Compliant Flag: No EA Draft Date: EA Final Date: EA Public Notice Date: EA Fonsi Level: CATEX EIS Notice of Intent EIS ROD Date: Comment The City of Beaumont proposes to flood -proof the Electrical Control Building (ECB) at the Beaumont Surface Water Treatment Plant (30.096372,-94.098668), 1550 Pine Street, Beaumont, Jefferson County, Texas. Floodproofing includes building a 300 ft-long by 6 ft-high by 12 in wide concrete retaining wall with sliding access gate and stoplog around the building to include 4 ft wide by 3 it deep trenching with excavation of approximately 150 cubic yds of earthen material. This flood wall will protect the electrical building, emergency back-up generator and newly installed sump with pumps and paralleling gear to the 500-year flood event. The existing diesel fuel tank (30.096247,-94.098475) will not be relocated inside the protective flood barrier but will be elevated to the 500-year flood event to mitigate future flood risk. Additionally, a new asphalt road, approximately 100 ft long by 12 It wide (30.096448,-94.099074 to 30.096426,-94.098574), will be constructed to access the electrical building and generator. This project has been determined to be Categorically Excluded from the need to prepare either an Environmental Impact Statement or Environmental Assessment In accordance with FEMA Instruction 108-1-1 and DHS Instruction 023-01-001-01; CATEX N7/N9. Particular attention should be given to the project conditions before and during project implementation. Failure to comply with these conditions may jeopardize federal assistance including funding. - jhowar25 - 08/25/2020 14:29:43 GMT CATEX CATEGORIES Catex Category Code Description Selected 'n7 (*n7) Federal Assistance for Structure and Facility Upgrades. Federal assistance Yes for the reconstruction, elevation, retrofitting, upgrading to current codes and standards, and improvements of pre-existing facilities in existing developed areas with substantially completed infrastructure, when the immediate project area has already been disturbed, and when those actions do not alter basic functions, do not exceed capacity of other system components, or modify intended land use. This category does not include actions within or affecting streams or stream banks or actions seaward of the limit of moderate wave action (or V zone when the limit of moderate wave action has not been identified). *n9 (*n9) Federal Assistance for Flood Hazard Reduction Actions. Federal Yes assistance for drainage, berm, water crossing, and detention, retention, or sediment pond projects which have the primary purpose of addressing flood hazards and: (a) Do not affect more than 25 acres, (b) Do not result in adverse flood risk effects to downstream communities, (c) Do not result in any increase of flood levels within the community during the occurrence of the base flood discharge if the action takes place within the regulatory floodway, and (d) Where the effect of the proposed project when combined with other existing or reasonably foreseeable development will not increase water surface elevation of the base flood more than one foot at any point within the community if the action takes place in a floodplain with no regulatory floodway. This CATEX covers minor flood control actions as identified in Sections 1366 and 1361 of the National Flood Insurance Act (NFIA). Actions that are not covered in Sections 1366 and 1361 of the NFIA, such as dikes, levees, seawalls, groins, and jetties, are excluded from this CATEX. NOTE: All times are GMT using a 24-hour clock. Page 1 of 4 08/25/2020 FEDERAL EMERGENCY MANAGEMENT AGENCY REC-01 15:33:45 RECORD OF ENVIRONMENTAL CONSIDERATION (REC) Project HMGP-DR-4332-TX Project #171 Title: City of Beaumont Water Treatment Plant Electrical Control Building Flood Proofing EXTRAORDINARY Extraordinary Circumstance Code Description Selected ? No Extraordinary Circumstances were selected ENVIRONMENTAL LAW / EXECUTIVE ORDER Environmental Law/ Executive Order Status Description Comment Clean Air Act (CAA) Completed Project will not result in permanent air emissions - Review concluded Coastal Barrier Resources Act Completed Project is not on or connected to CBRA Unit (CBRA) or otherwise protected area - Review concluded Clean Water Act (CWA) Completed Project would not affect any water of the U.S. - Review concluded Coastal Zone Management Act Completed Project is located in a coastal zone area Based on consultation with Texas General Land (CZMA) and/or affects the coastal zone Office (GLO) and review of Coastal Coordination Council (CCC) General Concurrence #5, FEMA has determined that this project is deemed consistent with the goals and policies of the Texas Coastal Management Program (CMP) and consistency review procedures as implemented by the GLO. - jhowar25 - 08/25/2020 14:30:52 GMT Completed State administering agency does not require consistency review - Review concluded Executive Order 11988 - Completed Located in floodplain or effects on The project is located within an AE zone, area of Floodplains floodplain/flood levels 100-yr flooding, per Flood Insurance Rate Map (FIRM) panel 4854570020C dated 6/2/2002. Initial Disaster Public Notice was published on 9/27/2017. The proposed action is not likely to result in any potential direct impacts that will adversely affect the natural values and function of floodplains, nor is it likely to increase the risk of flood loss. 8-step checklist attached. - jhowar25 - 08/25/2020 14:33:22 GMT Completed Possible adverse effects associated with investment in floodplain, occupancy or modification of floodplain environment Completed 8 Step Process Complete - documentation attached - Review concluded NOTE: All times are GMT using a 24-hour clock. Page 2 of 4 08/25/2020 FEDERAL EMERGENCY MANAGEMENT AGENCY REC-01 15:33:45 RECORD OF ENVIRONMENTAL CONSIDERATION (REC) Project HMGP-DR-4332-TX Project #171 Title: City of Beaumont Water Treatment Plant Electrical Control Building Flood Proofing Environmental Law/ Executive Order Status Description Comment Executive Order 11990 - Completed No effects on wetlands and project outside A review of the National Wetland Inventory Wetlands wetlands - Review concluded (NWI) online mapper, accessed on 8/2512020, for the site indicates that the area is not located within nor does it affect a designated wetland. - jhowar25 - 08/25/2020 14:34:09 GMT Executive Order 12898 - Completed Low income or minority population in or near Environmental Justice for Low project area Income and Minority Populations Completed No disproportionately high and adverse impact on low income or minority population - Review concluded Endangered Species Act (ESA) Completed Listed species and/or designated critical habitat present in areas affected directly or indirectly by the federal action Completed No effect to species or designated critical habitat (See comments for justification) - Review concluded Farmland Protection Policy Act Completed Project does not affect designated prime or (FPPA) unique farmland —Review concluded Fish and Wildlife Coordination Completed Project does not affect, control, or modify a Act (FWCA) waterway/body of water - Review concluded Migratory Bird Treaty Act (MBTA) Completed Project located within a flyway zone Completed Project does not have potential to take migratory birds - Review concluded Magnuson -Stevens Fishery Completed Project not located in or near Essential Fish Conservation and Management Habitat - Review concluded Act (MSA) National Historic Preservation Act Completed Standard Section 106 review (NHPA) Completed Building or structure 50 years or older or listed on the National Register in the FEMA has determined that there will be No Historic Properties Affected. SHPO concurrence with this determination was received, dated August.19, 2019. The scope of work has been reviewed and FEMA has determined that the project will not require Tribal Consultation. - rmoyerl - 08/25/2020 14:32:59 GMT NOTE: All times are GMT using a 24-hour clock. Page 3 of 4 08/25/2020 FEDERAL EMERGENCY MANAGEMENT AGENCY 15:33:45 RECORD OF ENVIRONMENTAL CONSIDERATION (REC) Project HMGP-DR-4332-TX Project #171 Title: City of Beaumont Water Treatment Plant Electrical Control Building Flood Proofing Environmental Law/ Executive Order Resource Conservation and Recovery Act, aka Solid Waste Disposal Act (RCRA) Wild and Scenic Rivers Act (WSR) CONDITIONS Status Description project area and activity not exempt from review Completed Determination of No Historic Properties Affected (FEMAfind ing/SHPO/THPO concurrence attached) - Review concluded Completed Project affects only previously disturbed ground - Review concluded Completed Review concluded Completed Project is not along and does not affect Wild and Scenic River - Review concluded Comment REC-01 Special Conditions required on implementation of Projects: Applicant must coordinate with the local floodplain administrator, obtain required permits prior to initiating work, and comply with any conditions of the permit to ensure harm to and from the floodplain is minimized. All coordination pertaining to these activities should be retained as part of the project file in accordance with the respective grant program instructions. Source of condition: Executive Order 11988 - Floodplains Monitoring Required: No Unusable equipment, debris and material shall be disposed of in an approved manner and location. In the event significant items (or evidence thereof) are discovered during implementation of the project, applicant shall handle, manage, and dispose of petroleum products, hazardous materials and toxic waste in accordance to the requirements and to the satisfaction of the governing local, state and federal agencies. Source of condition: Resource Conservation and Recovery Act, aka Solid Waste Monitoring Required: No Disposal Act (RCRA) Standard Conditions: Any change to the approved scope of work will require re-evaluation for compliance with NEPA and other Laws and Executive Orders. This review does not address all federal, state and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state and local laws. Failure to obtain all appropriate federal, state and local environmental permits and clearances may jeopardize federal funding. If ground disturbing activities occur during construction, applicant will monitor ground disturbance and if any potential archeological resources are discovered, will immediately cease construction in that area and notify the State and FEMA. NOTE: All times are GMT using a 24-hour clock. Page 4 of 4 TDEM THE TEXAS A&M UNrvERSITY SYSTEM December 19, 2020 Emergency Management Coordinator Timothy (Tim) Ocnaschek City of Beaumont Beaumont, Texas 77701 As a result of legislation (Senate Bill 7) passed by the 86th Texas Legislature and signed by Governor Abbott, funding was appropriated to the Texas Infrastructure Resiliency Fund to assist eligible political subdivisions with the non-federal ("local') cost share of Hurricane Harvey Public Assistance (PA) and Hazard Mitigation Grant program projects. This funding will provide up to seventy-five percent of the non-federal cost share. The Texas Division of Emergency Management (TDEM) has record of your Category F Public Utilities project. PA-06-TX-4332-PW-05717 TDEM-4332 PA-PW05717 Federal Cost Maximum Award Version/ Date Total Subgrant Share Federal Cost Local Cost Share Local Cost (Payments will be made Amendment Eligible Amount Percentage Share Amount Percentage Share Amount off of approved requests for reimbursement 1 5/20/2020 $55 744.00 90.00% $50,169.60 10.00% $5.574.40 $4,180.80 You will receive payments based on the approved request for reimbursement(s). As additional requests for reimbursement are received and approved, additional cost share funds will be disbursed. By accepting these funds, you agree to adhere to the same terms and conditions signed for this project. These funds must only be used for the local cost share of the project described in this letter. If you do not agree with these requirements, please return funds received under this award back to the Texas Division of Emergency Management. 1033 LaPosada Dr Ste 300 Austin Texas 78752 24 Hours: 512-424-2208, Fax 512-424-2444 07 If you have any questions, please contact Division Chief Vicki Newlin at 512-424-2214, vicki.newlin(a)-tdem.texas.gov or Unit Chief Jessica Hilton at 512-424-2438, Jessica.hiltonCa)_tdem.texas.gov. Sincerely, W. Nim Kidd, MPA, CEM Chief -Texas Division of Emergency Management Vice Chancellor for Disaster and Emergency Services The Texas A&M University System 1033 LaPosada Dr Ste 300 Austin Texas 78752 24 Hours: 512-424-2208, Fax 512-424-2444 1 1033 LaPosada Dr Ste 300 Austin Texas 78752 24 Hours: 512-424-2208, Fax 512-424-2444 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to receive funding in an amount up to $577,359.75 through the Hazard Mitigation Grant Program (HMGP) to implement long-term hazard mitigation measures following a federal disaster declaration; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents necessary to accept grant funding through the Hazard Mitigation Grant Program (HMGP) in an amount up to $577,359.75. 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 26th day of January, 2021. - Mayor Becky Ames - 3 January 26, 2021 Consider a resolution authorizing the City Manager to execute a contract with Global Emergency Services, LLC, of Beaumont for the removal of backfill, vegetation and other materials along Lawson's Canal at Marina Drive BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: January 26, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a contract with Global Emergency Services, LLC, of Beaumont. BACKGROUND The Lawson's Canal Reclamation Debris Hauling (REBID) Project consists of hauling and disposal of 9,000 cubic yards of backfill, existing vegetation, and construction debris located at Marina Drive. On December 31, 2020, three (3) bids were received for furnishing all labor, materials, and equipment for the project. The bid totals are indicated in the table below: Contractor Location Base Bid Amount Alternate Bid Amount Global Emergency Services, LLC Beaumont, TX $292,000.00 $180,000.00 Brystar Contracting, Inc. Beaumont, TX $131,000.00 $189,000.00 2S Roll -Off Service, LLC Beaumont, TX $395,500.00 $568,530.00 Engineer's Estimate $101,291.20 $211,770.00 The Base Bid is for hauling and disposal with the assumption that City staff would perform the excavation and loading of the material. The Alternate Bid is for the turn -key project, which consists of excavation, loading, hauling, and disposal of existing vegetation, backfill material, and construction debris, and fmal grading of the site. The Water Utilities staff recommends accepting the Alternate Bid and awarding to, Global Emergency Services, LLC, in the amount of $180,000.00. A total of 32 calendar days are allocated for completion of the project. Staff did contact Global Emergency Services, LLC to inquire on why the Alternate Bid was lower than the Base bid. They said that they preferred to do the work by the cubic yard as listed in the Alternate Bid rather than the hourly rate in the Base Bid. They confirmed that they were willing and ready to perform the work for the Alternate Bid Amount. Staff also contacted references and responses were good. FUNDING SOURCE Water Fund— Contract Services. RECOMMENDATION Approval of the resolution. BID TABULATION Lav4son's Canal,Reclamation Debris Hauling (REBID) Contract WU1021-02 BID OPENING DATE. 12131/2020 The Bid Proposals submitted have been reviewed and to the best of my knowledge this is an accurate tabulation of the bids received. - 1 By. Amalla Villarreal, P.E., City Engineer Date: 01/2012M S1*SE OFT. qs' . * t k MAL6INUARREAL, P.E: `cS10� ms ITEM.NO. QUANTITY UNIT DESCRIPTION Bid Schedule'(Engineees Estimate) Global Emergency Services, - LLC. Donna Richards Beaumont,,TX, Brystar Contracting, Inc. Trevor Homes Beaumont, TX 2S Roll -Off Service, LLC Robert S)odin Beaumont, T)( BASE BID ITEMS UNIT PRICE TOTAL UNIT PRICE- TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 1 1 I LS Mobilization of to exceed 3% of Total Base Unit Prices S 3,000.00. S 3.000.00 S 4 000.00 $ 4 000:00 $ 3,000.00 . $ 3 000.00 S 11 500.00 $ 11'S00.00 2 1280 HR" . Haufmg; and Disposal of BaGdd(, Existing Vegetation; and Construction Debris located at Marirp Dr. $ 75.00 '$' .96,000.00 $ moo $ 238,000,00 .$ 100.00 $ g28,000.00 $ 300.00 5 384,006.00 BASE BID QUANTITIES TOTAL S' 99 000.00 $ '29 OOD.00 $ 131 000.00 - S 395 500.00 ALTERNATE ITEMS ITEM NO. QUANTITY UNIT I DESCRIPTION UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE I TOTAL Al 9,000 - CY Alternate - Mob�zation, Demobilization. Excavation, Loading, Hauling, and Disposal of E)Mng VegetaDon; BacidW Material, and.Constnxiion Debris, and Grading of Site at Marina Dr. S. 23.68J S 213,120.00 $ 20.OD $ 180,000.00 $ 21.00 $ 189,000.00 S 83.1T I $ 568,530.00' ALTERNATE TOTAL S 213120.00 $ 180 000.00 S 189 000,00 S -68 530.00 Bid (Page 16.1 YES YES YES Acknowledged Addendums 1 8, 2 YES YES YES Bid Schedule (Page 19 YES YES YES Bid Summary (Page 21 YES YES YES Corporate Resolution Pa a 23 YES YES: NO Bid Bond (Page 24 YES YES NO Information Required of BiddeC (Page 25-2 YES YES NO Conflict of interest Questionnaire (Page 28 YES YES NO Statement of City Charter Provision on Conflict of Interest (Page 30 YES YES NO Insurance Requirement Affidavit (Page 45 YES YES NO. Schedule of MBE Participation (Page 54 YES YES YES House B0189 889 .Vertication a' a 58 YES YES YES Required Forms Checidist age 13 : YES YES YES Page 1 of 1 RESOLUTION NO. WHEREAS, the City of Beaumont solicited bids for the Lawson's Canal Reclamation Debris Hauling (REBID) Project; and, WHEREAS, Global Emergency Services, LLC, of Beaumont, Texas, submitted a complete bid meeting specifications in the amount of $472,000.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by Global Emergency Services, LLC, of Beaumont, Texas, is the lowest responsible bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the award of a contract to Global Emergency Services, LLC, of Beaumont, Texas, in the amount of $472,000.00 to furnish all labor, materials, and equipment for the Lawson's Canal Reclamation Debris Hauling (REBID) Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a Contract with Global Emergency Services, LLC, of Beaumont, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of January, 2021. - Mayor Becky Ames - DISCUSSION ITEM Review and discuss Housing Tax Credit Program applications being made to the Texas Department of Housing and Community Affairs