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11/09/2021 PACKET
BEAUMONT TEXAS MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY,NOVEMBER 9,2021 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Proclamations, Presentations and Recognitions-Receive an update from the Public Health Director related to COVID-19 * Public Comment: Persons may speak on the Consent Agenda and Items 1-3 * Consent Agenda CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non-controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A. Approval of the November 2, 2021 City Council Meeting Minutes B. Confirmation of board and commission member appointments Justin Lyons would be appointed to the Building Board of Appeals. (Plumbing) The term would commence November 9, 2021 and expire November 8, 2023. (Mayor Robin Mouton) Remove Brooklyn Williams (Lamar University Representative) and appoint Sharita Gardner(Lamar University Representative)to the Convention and Tourism Advisory Board. The term would commence November 9, 2021 and expire September 30, 2023 (Councilmember Albert"A.J."Turner) C. Approve the purchase of two Automated license plate reader systems for use by the Police Department D. Approve a resolution to repeal Resolution No. 21-023 related to funding from the Department of Homeland Security Grant Program E. Approve a resolution authorizing the City Manager to apply for and receive funding from the Department of Homeland Security Grant Program in the amount of$60,860 F. Approve a resolution authorizing the City Manager to apply for and receive funding from the Department of Homeland Security Grant Program in the amount of$60,000 G. Approve an annual maintenance agreement with SHI Government Solutions, Inc. of Austin for Microsoft Office 365 that is used by all city departments H. Authorize the City Attorney to join the Opioid litigation and accept the settlement negotiated by the Texas Attorney General I. Authorize the settlement of the claim of Jayla Sutton J. Approve the purchase of two new vehicles for use in the Fire/EMS Department REGULAR AGENDA 1. Consider authorizing the City Manager to award a contract to LD Construction for the Street Rehabilitation City Wide-Phase IV Project 2. Consider approving a proposal submitted by Irwin Seating Company for replacing the seating at the Civic Center 3. Consider approving a contract with Dowlen Road Veterinary Center for veterinary services DISCUSSION ITEMS Review and discuss amending the Code of Ordinances related to various Health Department requirements and fees * Review and discuss closed captioning equipment and services COMMENTS Public Comment(Persons are limited to 3 minutes) Councilmembers/City Manager/City Attorney comment on various matters i EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Daphne Rivera-Santiago and Daphne Lopez-Rivera Claim of Sylvia Perry Jefferson County, Texas v. City of Beaumont, Texas; Cause No. B- 198,481 * Consider matters to deliberate the employment, evaluation, duties of a public officer or employee in accordance with Section 551.074 of the Government Code to wit; specifically: Kyle Hayes, City Manager 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. i ,A BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tina Broussard, TRMC, City Clerk MEETING DATE: November 9, 2021 REQUESTED ACTION: Council consider approval of the November 2, 2021 City Council Meeting Minutes. BEAUMONT T E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert"A.J."Turner Jr.,At-Large ROBIN MOUTON, MAYOR Randy Feldschau,At-Large Taylor Neild,Ward I CITY COUNCIL MEETING Michael Getz,Ward II Audwin Samuel, Mayor Pro Tem NOVEMBER 2, 2011 Chris Durio,Ward IV Tyrone Cooper, City Attorney Kyle Hayes, City Manager Tina Broussard, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 on November 11, 2021, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING Invocation Pledge of Allegiance Roll Call * Proclamations, Presentation and Recognition--Receive an update from the Public Health Director related to COVID-19 Public Comment: Persons may speak on the Consent Agenda and Agenda Items 1-3 Mayor Mouton called the council meeting to order at 1:30 p.m. Pastor David Shirey with Lamar Baptist Church gave the invocation. Mayor Mouton led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Mouton, Mayor Pro Tern Samuel, Councilmembers Durio, Getz, Turner, Feldschau and Neild. Also, present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions Proclamation—"National Diabetes Awareness Month"—November 2021 —Proclamation read by Mayor Mouton; accepting Tamica Clark CEO/Founder of Faith and Strength to Endure along with husband, Derrick Clark Recognitions — Employee Service Awards LAST NAME FIRST NAME Department Years of Service Singletary James: POLICE ADMINISTRATION . 40 , Hebert Brian FIRE COMMUNICATIONS 30 Robinson_ Cheryl PLANNING' 30' Eason Patrick SEWER TREATMENT PLANT 25 Foote` Lynn. CODE ENFORCEMENT 25 Willett Craig FIRE SUPP-C SHIFT 25 Minutes—November 2,2021 Public Comment: Persons may speak on the Consent Agenda and Agenda Items 1-3 None CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non-controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A. Approval of the October 26, 2021, City Council Meeting Minutes B. Confirmation of board and commission member appointments - Resolution 21-282 The following citizens would be appointed to the Animal Care Advisory Committee. The terms would commence November 2, 2021 and expire September 30, 2023. (Mayor Robin Mouton) Citizen Danny Hurych —City Veterinarian Matthew Fortenberry-Animal Control Manager Maryjane Benning-Humane Society Representative Ann Reynolds-Resident at Large Jim Clay-Beaumont Police Department Representative Debbie Rogers-Resident at Large Sam Parigi-Resident at Large The following citizens would be appointed to the Convention and Tourism Advisory Board. The terms would commence November 2, 2021 and expire September 30, 2023. Citizen Appointed By Nakisha Burns-Chamber of Commerce Mayor Robin Mouton Charlie Gibbs-Travel Mayor Robin Mouton Ava Graves Mayor Robin Mouton Cheryl Guillory Mayor Robin Mouton Robert Calvert Councilmember Albert "A.J." Turner Brooklyn Williams-Lamar University Councilmember Albert "A.J." Turner Jake Tortorice-Restau rant Councilmember Randy Feldschau Dayna Simmons Councilmember.Randy Feldschau Marc McDonald Councilmember Taylor Neild Roy West-Media Councilmember Taylor Neild Stephen "Doc" Watson Councilmember Mike Getz Ryan Smith-Museum Councilmember Mike Getz Sondra Nelson Councilmember Audwin Samuel Bill Bianchi-Hotel/motel Councilmember Audwin Samuel Glenda Segura Councilmember Chris Durio LaDonna Sherwood-Advertising Councilmember Chris Durio The following citizens would be appointed to the Historic Landmark Commission. The terms would commence November 2, 2021 and expire September 30, 2023. Minutes—November 2,2021 i Citizen Appointed By Christina Crawford — Heritage Society Rep. Mayor Robin Mouton Dohn LaBiche —Architect Mayor Robin Mouton Theresa Goodness — County Historian Mayor Robin Mouton Jeff McManus Councilmember Chris Durio Remove Walt Wend ler and appoint Tania Castelan to the Community Development Advisory Committee. The term would commence November 2, 2021 and expire September 30,2023. (Councilmember Randy Feldschau) C. Approve the purchase of firefighter protective bunker gear- Resolution 21-283 D. Approve the renewal of an annual hardware maintenance and software agreement with WatchGuard Video of Dallas - Resolution 21-284 E. Approve the purchase of two defibrillators, with accessories, for use in the Fire Department- Resolution 21-285 F. Approve a proposal submitted by Associated Mechanical Services, Inc. to replace air handler No. 4 at the Tyrrell Historical Library located at 695 Pearl Street - Resolution 21-286 G. Approve a payment to Jefferson County for expenses related to the South East Texas Regional Radio System- Resolution 21-287 H. Approve a payment of dues to the South East Texas Regional Planning Commission for Fiscal Year 2022 - Resolution 21-288 I. Authorize the City Manager to execute a contract with King Solution Services, LLC for the Florida Avenue Sewer Line Emergency Repair- Resolution 21-289 J. Authorize the City Manager to execute Change Order No. 5, accept maintenance, and authorize final payment to SETEX Construction Corp. for the Pine Street Storm Sewer Drainage Repair Project- Resolution 21-290 K. Authorize the settlement of the claim of Brenda Antoine - Resolution 21-291 Councilmember Feldschau moved to APPROVE THE CONSENT AGENDA. Councilmember Neild seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED REGULAR AGENDA 1. Consider approving the purchase of 20 vehicles for use in various City departments. Minutes—November 2,2021 i Replacement vehicles are requested through the City's budget process. The Fleet Manager reviews the requests and evaluates the vehicles to be replaced. Based on this evaluation a recommendation is made to replace worn and obsolete vehicles that are no longer cost effective to operate. The vehicles to be purchased are replacing models ranging from 2007 to 2017, except one Ford F-250 that will be an addition to the City's Water Production fleet. The vehicles being replaced will be disposed of in accordance with the City's surplus equipment policy. The vehicles will be purchased from Silsbee Ford in the amount of$1,133,767.45. Pricing was obtained through the GoodBuy purchasing cooperative, which provides cities and political subdivisions the means to purchase specialized equipment at volume pricing. GoodBuy complies with State of Texas' procurement statutes. Warranties of 36,000 miles or three years are provided for each new vehicle. Warranty service is provided by local authorized dealerships. Funds will come from the Capital Reserve Fund ($805,251.79) and Water Utilities Fund ($328,515.66). Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF TWENTY (20) VEHICLES FOR USE BY VARIOUS CITY DEPARTMENTS FROM SILSBEE FORD, OF SILSBEE, TEXAS, IN THE AMOUNT OF $1,133,767.45 THROUGH THE GOODBUY COOPERATIVE PURCHASING PROGRAM. Councilmember Durio seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 21-292 2. Consider approving the purchase of a fire truck. A 2022 Pierce pumper truck will be purchased from Siddons-Martin Emergency Group, of Denton, Texas, in the amount of$713,315. The new truck will replace unit No. 7094, a 2003 pumper truck with 71,359 miles. The new pumper truck will be designated as Engine No. 7 and will be housed at Station 7 located at 1710 McFaddin Ave. The existing unit has exceeded its expected service life and will be disposed of according to the City surplus property policy. Pricing was obtained through Houston-Galveston Area Council (H-GAC), a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H-GAC complies with State of Texas' procurement statutes. Manufacturer's warranty is twelve (12) months. Delivery is expected within sixteen months. Minutes—November 2,2021 Funds will come from the Capital Reserve Fund—Funds will need to be budgeted in FY2023. Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF ONE (1) 2022 PIERCE PUMPER FIRE TRUCK FOR USE BY THE FIRE DEPARTMENT FROM SIDDONS-MARTIN EMERGENCY GROUP,OF DENTON,TEXAS, IN THE AMOUNT OF $713,315.00 THROUGH THE HOUSTON-GALVESTON AREA COUNCIL (H-GAC) COOPERATIVE PURCHASING PROGRAM. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 21-293 3. Consider authorizing the City Manager to execute a contract with King Solution Services, LLC for the Amelia Cutoff Sewer Line Emergency Repair. Jefferson County Drainage District No. 6 (DD6) owns and maintains Ditch 202, also known as the Amelia Cutoff. This ditch crosses College Street just east of Montrose Avenue in the vicinity of several pipelines. Water Utilities staff identified a cavity in Ditch 202 on October 15, 2021. This cavity appears to be caused by a failure in the sewer line that crosses the ditch near Brighton Street. The sewer line is 18 inches in diameter and approximately 17 feet deep. The failure in the sewer main allows a large volume of rainwater to enter the sewer system during rain events causing the system to surcharge. The City's maintenance agreement with DD6 allows the City to make necessary emergency repairs. On October 19, 2021, Water Utilities staff solicited six (6) bids for furnishing all labor, materials, equipment, and supplies necessary to perform an exploratory excavation to determine the extent of the required repair. Two (2) responses were received. The bid totals are indicated in the table below: Contractor Location Total Award Amount King Solution Services, LLC Houston, TX $125,000.00 Brystar Contracting, LLC Beaumont, TX $328,000.00 The Water Utilities staff has reviewed the two (2) bids and recommends awarding the contract to King Solution Services, LLC, in the amount of$125,000.00. The bids included unit prices for additional efforts that may be required as the excavation p Y proceeds. Once the leak is located and repair options assessed, staff will request the Contractor, if available, to complete the necessary repairs. Pricing will be on a "not to exceed" time and materials basis. Funds will come from the Capital Program — Sewer Main Rehabilitation. Minutes—November 2,2021 Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO KING SOLUTION SERVICES,LLC,OF HOUSTON,TEXAS,IN THE AMOUNT OF$125,000.00,FOR THE AMELIA CUTOFF SEWER LINE EMERGENCY REPAIR PROJECT; AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH KING SOLUTION SERVICES, LLC, OF HOUSTON, TEXAS. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 21-294 Mayor Mouton read the announcement regarding Executive Session being held at the conclusion of Public and Councilmember Comments. COMMENTS * Public Comments (Persons are limited to three minutes) Colin Eller 701 Ttrinity Beaumont TX Spoke to Council regarding the COVID-19 vaccines Brian Nepveaux 3415 Laurel Beaumont TX Stated that they had a successful Make Ends Meet trick-or-treat event over the weekend, thanked Fire Chief Earl White for sending out a fire truck, and Police Chief James Singletary for three police cars, announced Operation Beaumont Beautification, it will be Saturday, November 20, 2021, at 10:00 a.m., at St. Charles Plaza on Dowlen, everyone is invited to join in Jeremy Pavlich 895 Chamberlin Beaumont TX Spoke to Council regarding the lockout at ExxonMobil, also commented on the article that was written several weeks ago regarding the Mayor, commented on the PAC's that give money towards campaigns, stated that PAC's will continue to support the Mayor and some of the other Councilmembers Terry Roy 9150 Shepherd Beaumont TX Wanted to inform Council that the Amelia area still exist in Beaumont even though it's one of the worst as far as infrastructure, glad to see that someone has found one of the problems in the Amelia area and that is the item that was approved by Council for the DD6 202 ditch, stated that there's another problem and that is the flooding, has reviewed some of the things the city will be doing in this years budget and there was nothing for Amelia listed Minutes—November 2,2021 Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER DURIO - NONE COUNCILMEMBER GETZ- COMPLIMENTED PRINCIPAL PHILLIPS OF WEST BROOK HIGH SCHOOL AND BISD FOR TAKING THE INITIATIVE TO TRY TO DO SOMETHING TO MODIFY ADVERSE STUDENT BEHAVIOR THAT'S GOING ON AT THE SCHOOL, STATED THAT HE'S REFERRING TO THE PRINCIPALS RECENTLY ENACTED MEMORANDUM THAT STATES STUDENTS WILL NOT BE ABLE TO USE THEIR CELL PHONES DURING THE SCHOOL DAY OTHER THAN WHEN THEY ARE AT LUNCH, HE SUPPORTS THAT, ALSO COMPLIMENTED GEARY SENIGUAR FOR REORGANIZING HIS DADS ON DECK PROGRAM,ATTENDED A MEETING ON LAST NIGHT AND THERE WAS FOUR COUNCILMEMBERS THERE AS WELL AS ONE FORMER MAYOR, GO ASTROS COUNCILMEMBER TURNER- COMMENTED ON THE DADS ON DECK AND MOMS MEETING, STATED THE REASON FOR THE PROGRAM IS TO ASSIST THE SCHOOLS AS WELL AS THE SCHOOL BOARD AND TO WORK IN UNISON TO HELP WITH DISCIPLINARY PROBLEMS, WANTED EVERYONE TO UNDERSTAND YOU CAN'T ISOLATE A PROBLEM SUCH AS THAT BECAUSE THE SCHOOL DISTRICT PLAYS A PIVOTAL PART IN THE GROWTH OF BEAUMONT,ANNOUNCED A NEW BUSINESS THAT WILL BE OPENING CALLED KIDS ARE KIDS, LOCATED AT 6410 DELAWARE, THERE WILL BE A RIBBON CUTTING ON FRIDAY, NOVEMBER 5, 2021, AT 5:00 P.M., ENCOURAGED EVERYONE TO ATTEND, THANKED EVERYONE THAT HAD ACTIVITIES FOR THE KIDS OVER THE WEEKEND,THANKED ALL OF THE EMPLOYEES THAT RECEIVED SERVICE AWARDS, THEY ARE APPRECIATED COUNCILMEMBER FELDSCHAU - CONGRATULATED THE FIVE EMPLOYEES THAT RECEIVED SERVICE AWARDS ON TODAY,THEIR TENURE AND EXPERIENCE IS WHAT MAKES OUR CITY STRONG MAYOR PRO TEM SAMUEL- CONGRATULATED THE FIVE EMPLOYEES THAT RECEIVED SERVICE AWARDS,THANKED THEM FOR THEIR SERVICE COUNCILMEMBER NEILD - NONE CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR MOUTON - THANKED ALL OF THE CITY EMPLOYEES THAT WERE RECOGNIZED FOR THEIR COMMITMENT TO THE CITY, THIS IS A TESTAMENT TO THE CITY THAT SOMEONE WOULD STAY FOR AS LONG AS MOST OF THEM HAVE, ANNOUNCED A RIBBON Minutes—November 2,2021 CUTTING FOR THE NEW SARAH STREET WELLNESS GROUP, ON FRIDAY, NOVEMBER 5,2021,3455 SARAH ST.,AT 11:30 A.M.,THIS IS THE OLD L.L.MELTON YMCA,MADE COMMENTS REGARDING BISD, EVERYONE NEEDS TO TRY TO GET INVOLVED AND TAKE PART,THERE'S METAL DETECTORS THAT ARE BEING INSTALLED AND WHEN WE GET TO THIS POINT IT'S VERY SERIOUS,COMMENTED ON THE EVENTS ON SUNDAY FOR HALLOWEEN, THANKED EVERYONE FOR THE PART THEY PLAYED TO HAVE ALL THE EVENTS TO MAKE SURE OUR KIDS WERE SAFE, GO ASTROS Open session of meeting recessed at 2:28 p.m. CLOSED SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Jayla Sutton To discuss matters relating to the Texas Opioid MDL, In Re: Texas Opioid Litigation, MDL No. 2018-63587, in the 152nd District Court of Harris County, Texas Jefferson County, Texas v. City of Beaumont, Texas; Cause No. B-198,481 Robin Mouton, Mayor Tina Broussard, City Clerk Minutes—November 2,2021 B Confirmation of board and commission member appointments RESOLUTION N.O. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointment be made: Appointment Commission Beginning of Expiration of Term Term Justin Lyons Building Board of 11/09/2021 11/08/2023 Appeals and, BE IT FURTHER RESOLVED THAT Sharita Gardner is appointed to the Convention and Tourism Advisory Board to fill the unexpired term of Brooklyn Williams. The term will commence November 9, 2021 and expire September 30, 2023. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of November, 2021. - Mayor Robin Mouton - C BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: November 9, 2021 REQUESTED ACTION: Council consider a resolution approving the purchase of two Automated license plate reader(ALPR) systems for use by the Police Department. BACKGROUND The Police Department will purchase two new ALPR pole mounted systems for enhancing operational and situational awareness and for investigative leads. The system reads license plates on passing vehicles,potentially processing thousands of vehicles traveling on a roadway in a short time. ALPR systems notify dispatchers and patrol units to alerts on vehicles related to situations such as wanted subjects and missing or endangered people. This system will tie into the Houston High Intensity Drug Trafficking Area Task Force system in addition to State and Federal information centers. The above equipment will be purchased from John Wright Associates,Inc., of Arlington, Texas in the total amount of$79,200.00. Pricing for the equipment was obtained through the General Services Administration(GSA). GSA is most widely known for its development of Multiple Award Schedule (MAS) contracts,also referred to as Federal Supply Schedule Contracts. This complies with State of Texas procurement statues. Quote is attached. FUNDING SOURCE FY21 Justice Assistance Grant(JAG) $78,522 General Fund$678 RECOMMENDATION Approval of the resolution. HAIL S w►mm- ® Pro-garde Produtlivity in motion -AW TRUSTED TO PERFORM'" PROOUC7L LLC. 1 Arlington, West ,T5t-7 Street ww Arlington,T3C 76013 *FUR aunraor�ANA Nea p("Lit :�� ELSAGzwgia� SUM Bill To: Beaumont PD Address: Quote Date: 10.20.2021 Phone: 409-670-5321 Quote Expirey Date: 12.31.2021 Email: Clint.Weir(Ebbeaumonttexas.gov Contact: Clint Weir Comments or special instructions: ELSAG Permanent Mount Quote Q •,,Part# Description, Unit Price Ezt.` 2 140514 ELSAG Plate Hunter F3 -4 Camera System $ 7,495.00 $ 14,990.00 2 413463 Wireless Modem (Airlink RV55 Style for Verizon ATT) $ 923.00 $ 1,846.00 8 421900 F3 Cam 50mm 740nm -POE $ 6,900.00 $ 55,200.00 4 421218 Pole Mount 2 Cam Horizontal $ 630.00 $ 2,520.00 1 413223-500 CatSe Ethernet Cable-F3-500ft $ 260.00 $ 260.00 8 510322-5.X EOC Operation Center License 5.X $ 1,275.00 $ 10,200.00 2 210005-H Engineering Hour- Helpdesk $ 160.00 $ 320.00 2 413444 Trendnet 10-Port Managed POE+ Switch $ 880.00 $ 1,760.00 ***Discount Applied*** GSA Contract# GS-07F-0004Y Tax Shipping Subtotal Total' $ 79,200.00 If you have any questions concerning this quote,contact David Pierce at 682-718-5564 or email dpierce@johnwrightassoc.com RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of two (2)Automated License Plate Reader (ALPR) systems for use by the Police Department from John Wright Associates, Inc., of Arlington, Texas, in the amount of $79,200.00 through the General Services Administration (GSA) Program utilized by the federal government for procurement purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of November, 2021. - Mayor Robin Mouton - i BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: November 9, 2021 REQUESTED ACTION: Council consider a resolution to repeal Resolution No. 21-023 related to funding from the Department of Homeland Security Grant Program(HSGP). BACKGROUND This grant application was previously approved by the City Council on February 9,2021;however, the resolution (21-023) needs to be repealed to correct the grant authority's template and the- amount of funding to be received. Two new agenda items will be considered by the Council. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, on February 9, 2021, the City Council of the City of Beaumont, Texas adopted Resolution No. 21-023 authorizing the City Manager to apply for and accept funding in an amount up to $111,300.00 from the Department of Homeland Security Grant Program (HSGP) through the Office of the Governor, Homeland Security Grant Division for fiscal year 2021; and, WHEREAS, funding from the Department of Homeland Security Grant Program (HSGP) was increased to an amount up to $120,860.00; and, WHEREAS, the state has requested that additional specific language be included stating that the City agrees to provide applicable matching funds for the project; and, WHEREAS, Resolution No. 21-023 was not specific to their requirements and should be repealed; and, WHEREAS, two (2) new resolutions are necessary to include specific language as required by the Office of the Governor, Criminal Justice Division; and, WHEREAS, it is necessary to repeal Resolution No. 21-023 to allow for two new resolutions to authorize the City Manager to apply for and receive funding in the total amount of up to $120,860.00 from the Department of Homeland Security Grant Program (HSGP) through the Office of the Governor, Homeland Security Grant Division for fiscal year 2021 and to provide that the City of Beaumont agrees to provide applicable matching funds for the said project as required by the Department of Homeland Security Grant Program (HSGP); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT Resolution No. 21-023 be and it is hereby repealed. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of November, 2021. - Mayor Robin Mouton - E BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: November 9, 2021 REQUESTED ACTION: Council consider approving a resolution authorizing the City Manager to apply for and receive funding in an amount up to $60,860 through the Department of Homeland Security Grant Program(HSGP). BACKGROUND The Homeland Security Grant Program consists of a number of grant programs, one of which is the State Homeland Security Program(SHSP). This grant incorporates a SHSP first responder category for which Beaumont could be awarded up to $60,860 dedicated specifically to addressing emerging threats. SHSP funding will be used to purchase a decontamination tent replacement for the fire department, a smartboard and monitor for the EOC and a portable steel ramp to enable off and on-loading of large trucks with palletized emergency supplies at the City emergency equipment warehouse or staging locations appropriate to the various incidents. Most locations do not have a loading dock available. This grant application was previously approved by the City Council on February 9, 2021; however; the resolution(21-023) needs to be repealed to correct the grant authority's template and the amount of funding received needed to be increased. FUNDING SOURCE No local match is required. RECOMMENDATION Approval of the resolution. RESOLUTION NO.21-023 WHEREAS, the City Council finds It in the best interest of the citizens of Beaumont, that the LETPA (Law Enforcement Terrorist Prevention Activities) Sustaining Special Response Teams Project for the Police Department and the SHSP (State Homeland Security Program) Addressing Emerging Threats Project be operated for the fiscal year 2021; and, WHEREAS, the City Council agrees that in the event of loss or misuse of the . 2021 Homeland Security Grant Program funds, the City of Beaumont assures that the funds will be returned to the Office of the Governor in full; and, WHEREAS, the City Council designates the City Manager as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency from the Department of Homeland Security Grant Program (HSGP) through the Office of the Governor in an amount up to $111,300.00 for the purposes described herein; 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 approves submission of the grant application for the LETPA (Law Enforcement Terrorist Prevention Activities) Sustaining Special Response Teams Project for the Police Department and the SHSP (State Homeland Security Program) Addressing Emerging Threats Project to the Office of the Governor. i i i The meeting at which this resolution was approved was in all things conducted strict compliance with the Texas Open Meetings Act Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of February, 2021, t4ftyor Becky Ames - Grant Number: 4226601 and 4254101 •o,��a�y�9 j Abel RESOLUTION NO. WHEREAS, the City Council finds it in the best interest of the citizens of Beaumont, that the SHSP (State Homeland Security Program)Addressing Emerging Threats Project be operated for the fiscal year 2022; and, WHEREAS, the City of Beaumont City Council agrees to provide applicable matching funds for the said project as required by the Department of Homeland Security Grant Program (HSGP) grant application; and, WHEREAS, the City Council agrees that in the event of loss or misuse of the 2021 Homeland Security Grant Program funds, the City of Beaumont assures that the funds will be returned to the Office of the Governor in full; and, WHEREAS, the City Council designates the City Manager as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency from the Department of Homeland Security Grant Program (HSGP) through the Office of the Governor in the amount up to $60,860 for the purposes described herein; 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 approves submission of the grant application for the SHSP (State Homeland Security Program) Addressing Emerging Threats Project to the Office of the Governor. The meeting at which this resolution was approved was in all things conducted strict compliance with the Texas Open Meetings Act Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th of November 2021. - Mayor Robin Mouton - Grant Number: 4254101 F BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: November 9, 2021 REQUESTED ACTION: Council consider approving a resolution authorizing the City Manager to apply for and receive funding in an amount up to $60,000 through the Department of Homeland Security Grant Program(HSGP). BACKGROUND The Homeland Security Grant Program consists of a number of grant programs, one of which is the State Homeland Security Program(SHSP). This grant incorporates a SHSP first responder category for which Beaumont could be awarded up to $60,000 dedicated specifically to address implementing target hardening. SHSP funding will be used to purchase entry control devices for vehicle access to the Police Department off of College Street at Main and at Pearl. This grant application was previously approved by the City Council on February 9, 2021; however;the resolution(21-023) needs to be repealed to correct the grant authority's template, the amount of funding received needed to be increased and separate resolutions were needed. FUNDING SOURCE No local match is required. RECOMMENDATION Approval of the resolution. RESOLUTION NO.2'1-023 WHEREAS, the City Council finds it in the best interest of the citizens of Beaumont, that the LETPA(Law Enforcement Terrorist Prevention Activities) Sustaining Special Response Teams Project for the Police Department and the SHSP (State Homeland Security Program) Addressing Emerging Threats Project be operated for the fiscal year 2021; and, WHEREAS, the City Council agrees that in the event of loss or misuse of the . 2021 Homeland Security Grant Program funds, the City of Beaumont assures that the funds will be returned to the Office of the Governor in full; and, WHEREAS, the City Council designates the City Manager as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency from the Department of Homeland Security Grant Program (HSGP) through the Office of the Governor in an amount up to $111,300.00 for the purposes described herein; NOW, THEREFORE, BE 1T 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 approves submission of the grant application for the LETPA (Law Enforcement Terrorist Prevention Activities) Sustaining Special Response Teams Project for the Police Department and the SHSP (State Homeland Security Program)Addressing Emerging Threats Project to the Office of the Governor. i i The meeting at which this resolution was approved was in all things conducted strict compliance with the Texas Open Meetings Act Texas Government Code, Chapter 551, PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of February, 2021, Allayor Becky Ames - Grant Number: 4226601 and 4254101 RESOLUTION NO. WHEREAS, the City Council finds it in the best interest of the citizens of Beaumont, that the SHSP (State Homeland Security Program) to Address Implementing Target Hardening Project to be operated for the fiscal year 2022; and, WHEREAS, the City of Beaumont City Council agrees to provide applicable matching funds for the said project as required by the Department of Homeland Security Grant Program (HSGP) grant application; and, WHEREAS, the City Council agrees that in the event of loss or misuse of the 2021 Homeland Security Grant Program funds, the City of Beaumont assures that the funds will be returned to the Office of the Governor in full; and, WHEREAS, the City Council designates the City Manager as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency from the Department of Homeland Security Grant Program (HSGP) through the Office of the Governor in the amount up to $60,000 for the purposes described herein; 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 approves submission of the grant application for the SHSP (State Homeland Security Program) Implementing Target Hardening to the Office of the Governor. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th of November 2021. - Mayor Robin Mouton - Grant Number: 4226601 G BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works &Technology Services MEETING DATE: November 9, 2021 REQUESTED ACTION: Council consider a resolution approving an annual maintenance agreement with SHI Government Solutions, Inc. of Austin for Microsoft Office 365 that is used by all city departments. BACKGROUND Microsoft Office 365 is currently in-use throughout all the city's departments for access to e- mail, file sharing, online versions of Microsoft Office, and other collaborative tools. The maintenance agreement allows for continued access to all portions of Microsoft Office 365, as well as continued technical support from Microsoft. This agreement, in the amount of$57,704.28, is for an annual period beginning on November 1, 2021. Pricing was obtained through the State of Texas Department of Information(DIR). DIR provides cities and political subdivisions with the means to purchase information technology at volume prices contracted under the procurement statues of the State of Texas. FUNDING SOURCE General Fund,Municipal Court Technology Fund, and Water Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an annual Maintenance Agreement with SHI Government Solutions, Inc., of Austin, Texas, through the State of Texas Department of Information Resources (DIR) contract in the amount of $57,704.28 for use by all City Departments for access to Microsoft Office 365 and technical support from Microsoft. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of November, 2021. - Mayor Robin Mouton - H BEAUM.ONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: November 9, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Attorney to join the Opioid litigation and accept the settlement negotiated by the Texas Attorney General. BACKGROUND In 2020, drug overdose deaths rose nearly 30% in the United Sates to a record high of 93,000. In Texas, drug overdose deaths also increased by 31.9%, driven primarily by opioid overdoses. The opioid over death increase was driven by fentanyl and other synthetic opioids. In 2018 and 2019, Texas Attorney General Paxton filed a lawsuit against various opiod manufacturers and distributors that engaged in unlawful practices in the marketing, sale, and distribution of opioids. On May 13,2020,Attorney General Paxton reached a bipartisan agreement with Texas Counties and Cities in preparation for settlement with opioid defendants: McKesson, Cardinal Health,AmerisourceBergen, and Johnson&Johnson. On July 23, 2021, Attorney General Paxton announced a global settlement had been reached with opioid defendants: McKesson, Cardinal Health, AmerisourceBergen, and Johnson & Johnson. Cities that want to join the settlement must enter an agreement prior to January 2, 2022. The City of Beaumont has been identified as a community impacted by the opioid abuse epidemic. It is recommended that the City of Beaumont join the litigation with the other Texas political subdivisions, and accept the negotiated settlement. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, City of Beaumont, Texas obtained information indicating that certain drug companies and their corporate affiliates, parents, subsidiaries, and such other defendants as may be added to the litigation (collectively, "Defendants") have engaged in fraudulent and/or reckless marketing and/ordistribution of opioids that have resulted in addictions and overdoses; and, WHEREAS, these actions, conduct and misconduct have resulted in significant financial costs to the City of Beaumont; and, WHEREAS, on May 13, 2020, the State of Texas, through the Office of the Attorney General, and a negotiation group for Texas political subdivisions entered into an Agreement entitled Texas Opioid Abatement Fund Council and Settlement Allocation Term Sheet (hereafter, the Texas Term Sheet) approving the allocation of any and all opioid settlement funds within the State of Texas. The Texas Term Sheet is attached hereto as Exhibit "A"; and, WHEREAS, Special Counsel and the State of Texas have recommended that the City of Beaumont, Texas support the adoption and approval of the Texas Term Sheet in its entirety; 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 of Beaumont, Texas supports the adoption and approval of the Texas Term Sheet in its entirety; and, BE IT FURTHER RESOLVED THAT the City of Beaumont, Texas finds as follows: (1) There is a substantial need for repayment of opioid-related expenditures and payment to abate opioid-related harms in and about the City of Beaumont, Texas; and, (2) The City of Beaumont, Texas supports in its entirety and hereby adopts the allocation method for opioid settlement proceeds as set forth in the STATE OF TEXAS AND TEXAS POLITICAL SUBDIVISIONS' OPIOID ABATEMENT FUND COUNCIL AND SETTLEMENT ALLOCATION TERM SHEET, attached hereto as Exhibit "A." The City of Beaumont, Texas understandsthat the purpose of this Texas Term Sheet is to permit collaboration between the State of Texas and Political Subdivisions to explore and potentially effectuate resolution of the Opioid Litigation against Pharmaceutical Supply Chain Participants as defined therein. We also understand that an additional purpose is to create an effective means of distributing any potential settlement funds obtained under this Texas Term Sheet between the State of Texas and Political Subdivisions in a manner and means that would promote an effective and meaningful use of the funds in abating theopioid epidemic in this City and throughout Texas; and, BE IT ALSO RESOLVED THAT the City Manager be and he is hereby authorized to execute all necessary documents relating to the Texas Opioid Abatement Settlement funds. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of November, 2021. - Mayor Robin Mouton - TEXAS OPIOID ABATEMENT FUND COUNCIL AND SETTLEMENT ALLOCATION TERM SHEET WHEREAS,the people of the State of Texas and its communities have been harmed through the National and Statewide epidemic caused by licit and illicit opioid use and distribution within the State of Texas; and now, WHEREAS, the State of Texas, though its elected representatives and counsel, including the Honorable Ken Paxton, Attorney General of the State of Texas, and certain Political Subdivisions, through their elected representatives and counsel, are separately engaged in litigation seeking to hold those entities in the supply chain accountable for the damage caused; and now, WHEREAS, the State of Texas, through its Attorney General and its Political Subdivisions, share a common desire to abate and alleviate the impacts of the epidemic throughout the State of Texas; and now, THEREFORE, the State of Texas and its Political Subdivisions, subject to completing formal documents effectuating the Parties' agreements, enter into this State of Texas and Texas Political Subdivisions' Opioid Abatement Fund Council and Settlement Allocation Term Sheet (Texas Term Sheet) relating to the allocation and use of the proceeds of any Settlements as described. A. Definitions As used in this Texas Term Sheet: 1 EXHIBIT "A" 1. "The State" shall mean the State of Texas acting through its Attorney General. 2. "Political Subdivision(s)" shall mean any Texas municipality and county. 3. "The Parties" shall mean the State of Texas,the Political Subdivisions, and the Plaintiffs' Steering Committee and Liaison Counsel (PSC) in the Texas Opioid 1ML, In Re: Texas Opioid Litigation, MDL No. 2018-63587, in the 152d District Court of Harris County, Texas. 4. "Litigating Political Subdivision" means a Political Subdivision that filed suit in the state courts of the State of Texas prior to the Execution Date of this Agreement, whether or not such case was transferred to Texas Opioid 1ML, or removed to federal court. 5. "National Fund" shall mean any national fund established for the benefit of the Texas Political Subdivisions. In no event shall any National Fund be used to create federal jurisdiction, equitable or otherwise, over the Texas Political Subdivisions or those similarly situated state-court litigants who are included in the state coalition, nor shall the National Fund require participating in a class action or signing a participation agreement as part of the criteria for participating in the National Fund. 6. "Negotiating Committee" shall mean a three-member group comprising four representatives for each of(1) the State; (2) the PSC; and (3) Texas' 2 Political Subdivisions (collectively, "Members"). The State shall be represented by the Texas Attorney General or his designees. The PSC shall be represented by attorneys Mikal Watts, Jeffrey Simon, Dara Hegar, Dan Downey, or their designees. Texas' Political Subdivisions shall be represented by Clay Jenkins (Dallas County Judge), Terrence O'Rourke (Special Assistant County Attorney, Harris County),Nelson Wolff(Bexar County Judge), and Nathaniel Moran (Smith County Judge) or their designees. 7. "Settlement" shall mean the negotiated resolution of legal or equitable claims against a Pharmaceutical Supply Chain Participant that includes the State and Political Subdivisions. 8. "Opioid Funds" shall mean monetary amounts obtained through a Settlement as defined in this Texas Term Sheet. 8. "Approved Purpose(s)" shall mean those uses identified in Exhibit A hereto. 9. "Pharmaceutical Supply Chain" shall mean the process and channels through which opioids or opioids products are manufactured, marketed, promoted, distributed, or dispensed. 3 10."Pharmaceutical Supply Chain Participant" shall mean any entity that engages in or has engaged in the manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic. 11. "Texas Opioid Council" shall mean the Council described in Exhibit A hereto, which has the purpose of ensuring the funds recovered by Texas (through the joint actions of the Attorney General and the Texas Political Subdivisions) are allocated fairly and spent to remediate the opioid crisis in Texas, using efficient and cost-effective methods that are directed to the hardest hit regions in Texas while also ensuring that all Texans benefit from prevention and recovery efforts. B. Allocation of Settlement Proceeds 1. All Opioid Funds distributed in Texas shall be divided with 15% going to Political Subdivisions ("Subdivision Share"), 70% to the Texas Opioid Abatement Fund through the Texas Opioid Council (Texas Abatement Fund Share) identified and described on Exhibits A and C hereto, and 15% to the Office of the Texas Attorney General as Counsel for the State of Texas ("State Share"). Out of the Texas Opioid Abatement Fund, reasonable expenses up to 1% shall be paid to the Texas Comptroller for the administration of the Texas Opioid Council pursuant to the Opioid 4 Abatement Fund (Texas Settlement) Opioid Council Agreement, Exhibit A hereto. 2. The Subdivisions Share shall be allocated in accordance with the division of proceeds on Exhibit B hereto. 3. The Texas Abatement Fund Share shall be allocated to the Opioid Council to be apportioned in accordance with the guidelines of Exhibit A, and Exhibit C hereto. 4. In the event a Subdivision merges, dissolves, or ceases to exist, the allocation percentage for that Subdivision shall be redistributed as directed by the settlement document, and if not specified, equitably based on the composition of the successor Subdivision. If a Subdivision for any reason is excluded from a specific settlement, the allocation percentage for that Subdivision shall be redistributed as directed by the settlement document, and if not specified, equitably among the participating Subdivisions. 5. Funds obtained from parties unrelated to the Litigation, via grant, bequest, gift or the like, separate and distinct from the Litigation, may be directed to the Texas Opioid Council and disbursed as set forth below. 6. The Subdivision share shall be initially deposited and paid in cash directly to the Subdivision under the authority and guidance of the Texas NML Court, who shall direct any Settlement funds to be held in trust in a 5 segregated account to benefit the Subdivisions and to be promptly distributed as set forth herein and in accordance with Exhibit B. 7. Nothing in this Texas Term Sheet should alter or change any Subdivision's rights to pursue its own claim. Rather, the intent of this Texas Term Sheet is to join all parties to disburse settlement proceeds from one or more defendants to all parties participating in that settlement within Texas. p p p g 8. Opioid Funds from the Texas Abatement Fund Share shall be directed to the Texas Opioid Council and used in accordance with the guidelines as set out on Exhibit A hereto, and the Texas Abatement Fund Share shall be distributed to the Texas Opioid Council under the authority and guidance of the Texas NML Court, consistent with Exhibits A and C, and the by- laws of the Texas Opioid Council documents and disbursed as set forth therein, including without limitation all abatement funds and the 1% holdback for expenses. 9. The State of Texas and the Political Subdivisions understand and acknowledge that additional steps may need to be undertaken to assist the Texas Opioid Council in its mission, at a predictable level of funding, regardless of external factors. C. Payment of Counsel and Litigation Expenses 6 1. Any Master Settlement Agreement settlement will govern the payment of fees and litigation expenses to the Parties. The Parties agree to direct control of any Texas Political Subdivision fees and expenses to the"Texas Opioid Fee and Expense Fund," which shall be allocated and distributed by the Texas MDL Court,In re: Texas Opioid Litigation, MDL No. 2018- 63587, in the 152nd District Court of Harris County, Texas, and with the intent to compensate all counsel for Texas Political Subdivisions who have not chosen to otherwise seek compensation for fees and expenses from any federal MDL common benefit fund. 2. The Parties agree that no portion of the State of Texas 15% allocation share from any settlement shall be administered through the National Fund, the Texas MDL Court, or Texas Opioid Fee and Expense Fund, but shall be directed for payment to the State of Texas by the State of Texas. 3. The State of Texas and the Texas Political Subdivisions, and their respective attorneys, agree that all fees — whether contingent, hourly, fixed or otherwise — owed by the Texas Political Subdivisions shall be paid out of the National Fund or as otherwise provided for herein to the Texas Opioid Fee and Expense Fund to be distributed by the 152nd District Court of Harris County, Texas pursuant to its past and future orders. 4. From any opioid-related settlements with McKesson, Cardinal Health, ABDC, and Johnson & Johnson, and for any future opioid-related settlements negotiated, in whole or in part, by the Negotiating Committee with any other Pharmaceutical Supply Chain Participant, the funds to be deposited in the Texas Opioid Fee and Expense Fund shall be 9.3925% of the combined Texas Political Subdivision and Texas Abatement Fund portions of each payment(annual or otherwise) to the State of Texas for that settlement, plus expenses from the National Fund, and shall be sought by Texas Political Subdivision Counsel initially through the National Fund. The Texas Political Subdivisions' percentage share of fees and expenses from the National Fund shall be directed to the Texas Opioid Fee and Expense Fund in the Texas MDL, as soon as is practical, for allocation and distribution in accordance with the guidelines herein. 5. If the National Fund share to the Texas Political Subdivisions is insufficient to cover the guaranteed 9.3925%, plus expenses from the National Fund,per subsection 4, immediately supra, or if payment from the National Fund is not received within 12 months after the date the 8 first payment is made by the Defendants pursuant to the settlement,then the Texas Political Subdivisions shall recover up to 12.5% of the Texas Political Subdivision Share to make up any difference. 6. If the National Fund and the Texas Political Subdivision share are insufficient to cover the guaranteed 9.3925%, plus expenses from the National Fund, or if payment from the National Fund is not received within 12 months after the date the first payment is made by the Defendants pursuant to the settlement, then the Texas Political Subdivisions shall recover up to 8.75% of the Abatement Fund Share to make up any difference. In no event shall the Texas Political Subdivision share exceed 9.3925% of the combined Texas Political Subdivision and Texas Abatement Fund portions of any settlement, plus expenses from the National Fund. In the event that any payment is received from the National Fund such that the total amount in fees and expenses exceeds 9.3925%, the Texas Political Subdivisions shall return any amounts received greater than 9.3925% of the combined Texas Political Subdivision and Texas Abatement Fund portions to those respective Funds. 9 7. For each settlement utilizing a National Fund, the Texas Political Subdivisions need only make one attempt at seeking fees and expenses there. 8. The total amount of the Texas Opioid Fee and Expense Fund shall be reduced proportionally, according to the agreed upon allocation of the Texas Subdivision Fund, for any Texas litigating Political Subdivision that (1) fails to enter the settlement; and (2) was filed in Texas state court, and was transferred to the Texas 1VIDL (or removed before or during transfer to the Texas MDL) as of the execution date of this Agreement. D. The Texas Opioid Council and Texas Abatement Fund The Texas Opioid Council and Texas Abatement Fund is described in detail at Exhibit A, incorporated herein by reference. E. Settlement Negotiations 1. The State and Negotiating Committee agree to inform each other in advance of any negotiations relating to a Texas-only settlement with a Pharmaceutical Supply Chain Participant that includes both the State and its Political Subdivisions and shall provide each other the opportunity to participate in all such negotiations. Any Texas-only Settlement agreed to with the State and Negotiating Committee shall be subject to the approval 10 of a majority of litigating Political Subdivisions. The Parties further agree to keep each other reasonably informed of all other global settlement negotiations with Pharmaceutical Supply Chain Participants and to include the Negotiating Committee or designees. Neither this provision, nor any other, shall be construed to state or imply that either the State or the Negotiating Committee is unauthorized to engage in settlement negotiations with Pharmaceutical Supply Chain Participants without prior consent or contemporaneous participation of the other, or that either party is entitled to participate as an active or direct participant in settlement negotiations with the other. Rather, while the State's and Negotiation Committee's efforts to achieve worthwhile settlements are to be collaborative, incremental stages need not be so. 2. Any Master Settlement Agreement (MSA) shall be subject to the approval and jurisdiction of the Texas MDL Court. 3. As this is a Texas-specific effort, the Committee shall be Chaired by the Attorney General. However, the Attorney General, or his designees, shall endeavor to coordinate any publicity or other efforts to speak publicly with the other Committee Members. 4. The State of Texas, the Texas MDL Plaintiffs Steering Committee representatives, or the Political Subdivision representatives may withdraw 11 from coordinated Settlement discussions detailed in this Section upon 10 business days' written notice to the remaining Committee Members and counsel for any affected Pharmaceutical Supply Chain Participant. The withdrawal of any Member releases the remaining Committee Members from the restrictions and obligations in this Section. 5. The obligations in this Section shall not affect any Party's right to proceed with trial or, within 30 days of the date upon which a trial involving that Party's claims against a specific Pharmaceutical Supply Chain Participant is scheduled to begin, reach a case specific resolution with that particular Pharmaceutical Supply Chain Participant. F. Amendments The Parties agree to make such amendments as necessary to implement the intent of this agreement. Acknowledgment of Agreement We, the undersigned, have participated in the drafting of the above Texas Term Sheet, including consideration based on comments solicited from Political Subdivisions. This document has been collaboratively drafted to maintain all individual claims while allowing the State and its Political Subdivisions to cooperate in exploring all possible means of resolution..Nothing in this agreement binds any party to any specific outcome. Any resolution under this document will require 12 acceptance by the State of Texas and a majority of the Litigating Political Subdivisions. We, the undersigned, hereby accept the STATE OF TEXAS AND TEXAS POLITICAL SUBDIVISIONS' OPIOID ABATEMENT FUND COUNCIL AND SETTLEMENT ALLOCATION TERM SHEET. We understand that the purpose of this Texas Term Sheet is to permit collaboration between the State of Texas and Political Subdivisions to explore and potentially effectuate earlier resolution of the Opioid Litigation against Pharmaceutical Supply Chain Participants. We also understand that an additional purpose is to create an effective means of distributing any potential settlement funds obtained under this Texas Term Sheet between the State of Texas and Political Subdivisions in a manner and means that would promote an effective and meaningful use of the funds in abating the opioid epidemic throughout Texas. 13 Executed this .0 day of May, 2020. FOR THE STATE OF TEXAS: KENNETH PAXTON,JR. ATTORNEY GENERAL FOR THE SUBDIVISIONS AND TEXAS MDL PSC:- AHKAL WATTS WATTS GUERRA LLP try-S N . SIMON G ENSTONE PANATIER,PC DARA HEGAR LANIE W ; PC f D. UEY DAN .QWNEY,;PC z t :sas � F � a 5 aka EXH I BIT A Opioid Abatement Fund (Texas) Settlement Opioid Council As part of the settlement agreement and upon its execution,the parties will form the Texas Opioid Council (Council) to establish the framework that ensures the funds recovered by Texas (through the joint actions of the Attorney General and the state's political subdivisions) are allocated fairly and spent to remediate the opioid crisis in Texas, using efficient and cost-effective methods that are directed to the hardest hit regions in Texas while also ensuring that all Texans benefit from g g prevention and recovery efforts. I. Structure The Council will be responsible for the processes and procedures governing the spending of the funds held in the Texas Abatement Fund, which will be approximately 70% of all funds obtained through settlement and/or litigation of the claims asserted by the State and its subdivisions in the investigations and litigation related to the manufacturing, marketing, distribution, and sale of opioids and related pharmaceuticals. Money paid into the abatement fund will be held by an independent administrator, who shall be responsible for the ministerial task of releasing funds solely as authorized below by the Council, and accounting for all payments to and from the fund. The Council will be formed when a court of competent jurisdiction enters an order settling the matter, including any order of a bankruptcy court. The Council's members must be appointed within sixty(60) days of the date the order is entered. A. Memo The Council shall be comprised of the following thirteen (13) members: 1. Statewide Members. Six members appointed by the Governor and Attorney General to represent the State's interest in opioid abatement. The statewide members are appointed as follows: a. The Governor shall appoint three (3) members who are licensed health professionals with significant experience in opioid interventions; b. The Attorney General shall appoint three (3) members who are licensed professionals with significant experience in opioid incidences; and c. The Governor will appoint the Chair of the Council as a non-voting member. The Chair may only cast a vote in the event there is a tie of the membership. 2. Regional Members. Six (6) members appointed by the State's political subdivisions to represent their designated Texas Health and Human Services Commission"HHSC"Regional Healthcare 1 Partnership (Regions) to ensure dedicated regional, urban, and rural representation on the Council. The regional appointees must be from either academia or the medical profession with significant experience in opioid interventions.The regional members are appointed as follows: a. One member representing Regions 9 and 10 (Dallas Ft-Worth); b. One member representing Region 3 (Houston); c. One member representing Regions 11, 12, 13, 14, 15, 19 (West Texas); d. One member representing Regions 6, 7, 8, 16 (Austin-San Antonio); e. One member representing Regions 1, 2, 17, 18 (East Texas); and f. One member representing Regions 4, 5, 20 (South Texas). B. Terms All members of the Council are appointed to serve staggered two-year terms, with the terms of members expiring February 1 of each year. A member may serve no more than two consecutive terms,for a total of four consecutive years. For the first term,four(4)members (two (2) statewide and two (2) for the subdivisions) will serve a three-year term. A vacancy on the Council shall be filled for the unexpired term in the same manner as the original appointment. The Governor will appoint the Chair of the Council who will not vote on Council business unless there is a tie vote, and the subdivisions will appoint a Vice-Chair voting member from one of the regional members. pp g g C. Governance 1. Administration The Council is attached administratively to the Comptroller. The Council is an independent, quasi-governmental agency because it is responsible for the statewide distribution of the abatement settlement funds. The Council is exempt from the following statutes: a. Chapter 316 of the Government Code (Appropriations); b. Chapter 322 of the Government Code(Legislative Budget Board); c. Chapter 325 of the Government Code (Sunset); d. Chapter 783 of the Government Code (Uniform Grants and Contract Management); e. Chapter 2001 of the Government Code (Administrative Procedure); f. Chapter 2052 of the Government Code(State Agency Reports and Publications); g. Chapter 2261 of the Government Code (State Contracting Standards and Oversight); h. Chapter 2262 of the Government Code(Statewide Contract Management); 2 i. Chapter 262 of the Local Government Code (Purchasing and Contracting Authority of Counties); and j. Chapter 271 of the Local Government Code (Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments). 2. Transparency The Council will abide by state laws relating to open meetings and public information, including Chapters 551 and 552 of the Texas Government Code. i. The Council shall hold at least four regular meetings each year. The Council may hold additional meetings on the request of the Chair or on the written request of three members of the council.All meetings shall be open to the public, and public notice of meetings shall be given as required by state law. ii. The Council may convene in a closed,non-public meeting: a. If the Commission must discuss: 1. Negotiation of contract awards; and 2. Matters specifically exempted from disclosure by federal and state statutes. b. All minutes and documents of a closed meeting shall remain under seal, subject to release only order of a court of competent jurisdiction. 3. Authority The Council does not have rulemaking authority. The terms of each Judgment, Master Settlement Agreement, or any Bankruptcy Settlement for Texas control the authority of the Council and the Council may not stray outside the bounds of the authority and power vested by such settlements. Should the Council require legal assistance in determining their authority,the Council may direct the executive director to seek legal advice from the Attorney General to clarify the issue. D. Operation and Expenses The independent administrator will set aside up to one (1) percent of the settlement funds for the administration of the Council for reasonable costs and expenses of operating the foregoing duties, including educational activities. 1. Executive Director The Comptroller will employ the executive director of the Council and other personnel as necessary to administer the duties of the Council and carry out the functions of the Council. The executive director must have at least 10 years of experience in government or public administration and is classified as a Director VB30 under the State Auditor's State Classification. The Comptroller will pay the salaries of the Council employees from the 3 one (1)percent of the settlement funds set aside for the administration of the Council. The Comptroller will request funds from the Texas Abatement Fund Point of Contact. 2. Travel Reimbursement A person appointed to the Council is entitled to reimbursement for the travel expenses incurred in attending Council duties. A member of the Council may be reimbursed for actual expenses for meals, lodging, transportation, and incidental expenses in accordance with travel rates set by the federal General Services Administration. II. Duties/Roles It is the duty of the Council to determine and approve the opioid abatement strategies and funding awards. A. Approved Abatement Strategies The Council will develop the approved Texas list of abatement strategies based on but not limited to the existing national list of opioid abatement strategies (see attached Appendix A) for implementing the Texas Abatement Fund. 1. The Council shall only approve strategies which are evidence-informed strategies. 2. The Texas list of abatement strategies must be approved by majority vote. The majority vote must include a majority from both sides of the statewide members and regional members in order to be approved, e.g., at least four(4)of six(6) members on each side. B. Texas Abatement Fund Point of Contact The Council will determine a single point of contact called the Abatement Fund Point of Contact (POC) to be established as the sole entity authorized to receive requests for funds and approve expenditures in Texas and order the release of funds from the Texas Abatement Fund by the independent administrator. The POC may be an independent third party selected by the Council with expertise in banking or financial management. The POC will manage the Opioid Council Bank Account(Account). Upon a vote,the Council will direct the POC to contact the independent administrator to release funds to the Account. The Account is outside the State Treasury and not managed by any state or local officials. The POC is responsible for payments to the qualified entities selected by the Council for abatement fund awards. The POC will submit a monthly financial statement on the Account to the Council. C. Auditor An independent auditor appointed by the Council will perform an audit on the Account on an annual basis and report its findings, if any, to the Council. D. Funding Allocation 4 The Council is the sole decision-maker on the funding allocation process of the abatement funds. The Council will develop the application and award process based on the parameters outlined below. An entity seeking funds from the Council must apply for funds; no funds will be awarded without an application. The executive director and personnel may assist the Council in gathering and compiling the applications for consideration; however, the Council members are the sole decision-makers of awards and funding determination. The Council will use the following processes to award funds: 1. Statewide Funds. The Council will consider, adopt and approve the allocation methodology attached as Exhibit C, based upon population health data and prevalence of opioid incidences, at the Council's initial meeting. Adoption of such methodology will allow each Region to customize the approved abatement strategies to fit its communities' needs. The statewide regional funds will account for seventy-five (75) percent of the total overall funds, less the one (1) percent administrative expense described herein. 2. Targeted Funds. Each Region shall reserve twenty-five (25) percent of the overall funds,for targeted interventions in the specific Region as identified by opioid incidence data. The Council must approve on an annual basis the uses for the targeted abatement strategies and applications available to every Region, including education and outreach programs. Each Region without approved uses for the targeted funds from the Council, based upon a greater percentage of opioid incidents compared to its population, is subject to transfer of all or a portion of the targeted funds for that Region for uses based upon all Regions' targeted funding needs as approved by the Council on an annual basis. 3. Annual Allocation. Statewide regional funds and targeted funds will be allocated on an annual basis. If a Region lapses its funds, the funds will be reallocated based on all Regions' funding needs. E. Appeal Process The Council will establish an appeal process to permit the applicants for funding (state or subdivisions) to challenge decisions by the Council-designated point of contact on requests for funds or expenditures. 1. To challenge a decision by the designated point of contact, the State or a subdivision must file an appeal with the Council within thirty (30) days of the decision. The Council then has thirty (30) days to consider and rule on the appeal. 2. If the Council denies the appeal,the party may file an appeal with the state district court of record where the final opioid judgment or Master Settlement Agreement is filed.The Texas Rules of Civil Procedure and Rules of Evidence will govern these proceedings. The Council may request representation from the Attorney General in these proceedings. 5 In making its determination, the state district court shall apply the same clear error standards contained herein that the Council must follow when rendering its decision. 3. The state district court will make the final decision and the decision is not appealable. 4. Challenges will be limited and subject to penalty if abused. 5. Attorneys' fees and costs are not recoverable in these appeals. F. Education The Council may determine that a percentage of the funds in the Abatement Fund from the targeted funds be used to develop an education and outreach program to provide materials on the consequences of opioid drug use, prevention and interventions. Any material developed will include online resources and toolkits for communities. 6 EXHIBIT B Exhibit B: Municipal Area Allocations: 15% of Total ($150 million) (County numbers refer to distribution to the county governments after payment to cities within county borders has been made. Minimum distribution to each county is $1000.) Municipal Area Allocation Municipal Area Allocation Abbott $688 Lakeport $463 Abernathy $110 Lakeside $4,474 Abilene $563,818 Lakeside City $222 Ackerly $21 Lakeview $427 Addison $58,094 Lakeway $31,657 Adrian $181 Lakewood Village $557 Agua Dulce $43 Lamar County $141,598 Alamo $22,121 Lamb County $50,681 Alamo Heights $28,198 Lamesa $29,656 Alba $3,196 Lampasas $28,211 Albany $180 Lampasas County $42,818 Aledo $331 Lancaster $90,653 Alice $71,291 Laredo $763,174 Allen $315,081 Latexo $124 Alma $1,107 Lavaca County $45,973 Alpine $29,686 Lavon $7,435 Alto $3,767 Lawn $58 Alton $11,540 League City $302,418 Alvarado $29,029 Leakey $256 Alvin $113,962 Leander $88,641 Alvord $358 Leary $797 Amarillo $987,661 Lee County $30,457 Ames $5,571 Lefors $159 Amherst $22 Leon County $67,393 Anahuac $542 Leon Valley $23,258 Anderson $19 Leona $883 Anderson County $268,763 Leonard $8,505 Andrews $18,983 Leroy $176 Andrews County $37,606 Levelland $46,848 Angelina County $229,956 Lewisville $382,094 Angleton $62,791 Lexington $2,318 Angus $331 Liberty $72,343 Anna $9,075 Liberty County $531,212 Annetta $5,956 Liberty Hill $2,780 Annetta North $34 Limestone County $135,684 (Table continues on multiple pages below) Annetta South $602 Lincoln Park $677 Annona $738 Lindale $24,202 Anson $5,134 Linden $3,661 Anthony $4,514 Lindsay $1,228 Anton $444 Lipan $44 Appleby $1,551 Lipscomb County $10,132 Acluilla $208 Little Elm $69,326 Aransas County $266,512 Little River-Academy $798 Aransas Pass $57,813 Littlefield $7,678 Archer City $10,554 Live Oak $32,740 Archer County $45,534 Live Oak County $39,716 Arcola $7,290 Liverpool $1,435 Argyle $11,406 Livingston $73,165 Arlington $735,803 Llano $23,121 Armstrong County $974 Llano County $115,647 Arp $2,009 Lockhart $49,050 Asherton $112 Lockney $3,301 Aspermont $9 Log Cabin $1,960 Atascosa County $176,903 Lometa $1,176 Athens $105,942 Lone Oak $1,705 Atlanta $30,995 Lone Star $8,283 Aubrey $15,141 Longview $482,254 Aurora $1,849 Loraine $188 Austin County $76,030 Lorena $3,390 Austin $4,877,716 Lorenzo $11,358 Austwell $109 Los Fresnos $11,185 Avery $138 Los Indios $159 Avinger $1,115 Los Ybanez $0 Azle $32,213 Lott $1,516 Bailey $950 Lovelady $249 Bailey County $15,377 Loving County $1,000 Bailey's Prairie $5,604 Lowry Crossing $783 Baird $2,802 Lubbock $319,867 Balch Springs $27,358 Lubbock County $1,379,719 Balcones Heights $23,811 Lucas $5,266 Ballinger $9,172 Lueders $508 Balmorhea $63 Lufkin $281,592 Bandera $2,893 Luling $29,421 Bandera County $86,815 Lumberton $36,609 Bangs $3,050 Lyford $3,071 Page 2 Bardwell $362 Lynn County $6,275 Barry $200 Lytle $7,223 Barstow $61 Mabank $19,443 Bartlett $3,374 Madison County $49,492 Bartonville $8,887 Madisonville $11,458 Bastrop $46,320 Magnolia $26,031 Bastrop County $343,960 Malakoff $12,614 Bay City $57,912 Malone $439 Baylor County $29,832 Manor $12,499 Bayou Vista $6,240 Mansfield $150,788 Bayside $242 Manvel $12,305 Baytown $216,066 Marble Falls $37,039 Bayview $41 Marfa $65 Beach City $12,505 Marietta $338 Bear Creek $906 Marion $275 Beasley $130 Marion County $54,728 Beaumont $683,010 Marlin $21,634 Beckville $1,247 Marquez $1,322 Bedford $94,314 Marshall $108,371 Bedias $3,475 Mart $928 Bee Cave $12,863 Martin County $10,862 Bee County $97,844 Martindale $2,437 Beeville $24,027 Mason $777 Bell County $650,748 Mason County $3,134 Bellaire $41,264 Matador $1,203 Bellevue $56 Matagorda County $135,239 Bellmead $14,487 Mathis $15,720 Bells $1,891 Maud $423 Bellville $7,488 Maverick County $115,919 Belton $72,680 Maypearl $986 Benavides $152 McAllen $364,424 Benbrook $43,919 McCamey $542 Benjamin $951 McGregor $9,155 Berryville $14,379 McKinney $450,383 Bertram $182 McLean $14 Beverly Hills $4,336 McLendon-Chisholm $411 Bevil Oaks $549 Mcculloch County $20,021 Bexar County $7,007,152 Mclennan County $529,641 Big Lake $547 Mcmullen County $1,000 Big Sandy $4,579 Meadow $1,121 Page 3 Big Spring $189,928 Meadowlakes $905 Big Wells $236 Meadows Place $18,148 Bishop $8,213 Medina County $48,355 Bishop Hills $323 Megargel $611 Blackwell $31 Melissa $15,381 Blanco $6,191 Melvin $345 Blanco County $49,223 Memphis $7,203 Blanket $147 Menard $991 Bloomburg $1,010 Menard County $14,717 Blooming Grove $352 Mercedes $21,441 Blossom $198 Meridian $3,546 Blue Mound $2,888 Merkel $10,117 Blue Ridge $1,345 Mertens $239 Blum $1,622 Mertzon $29 Boerne $45,576 Mesquite $310,709 Bogata $3,649 Mexia $21,096 Bonham $100,909 Miami $455 Bonney $2,510 Midland County $279,927 Booker $1,036 Midland $521,849 Borden County $1,000 Midlothian $95,799 Borger $69,680 Midway $78 Bosque County $71,073 Milam County $97,386 Bovina $173 Milano $904 Bowie $83,620 Mildred $286 Bowie County $233,190 Miles $93 Boyd $6,953 Milford $6,177 Brackettville $8 Miller's Cove $97 Brady $27,480 Millican $417 Brazoria $11,537 Mills County $19,931 Brazoria County $1,021,090 Millsap $34 Brazos Bend $462 Mineola $48,719 Brazos Country $902 Mineral Wells $92,061 Brazos County $342,087 Mingus $189 Breckenridge $23,976 Mission $124,768 Bremond $5,554 Missouri City $209,633 Brenham $54,750 Mitchell County $20,850 Brewster County $60,087 Mobeetie $52 Briarcliff $572 Mobile City $2,034 Briaroaks $57 Monahans $5,849 Bridge City $80,756 Mont Belvieu $19,669 Page 4 Bridgeport $33,301 Montague County $94,796 Briscoe County $977 Montgomery $1,884 Broaddus $31 Montgomery County $2,700,911 Bronte $99 Moody $828 Brooks County $20,710 Moore County $40,627 Brookshire $6,406 Moore Station $772 Brookside Village $1,110 Moran $50 Brown County $193,417 Morgan $605 Browndel $152 Morgan's Point $3,105 Brownfield $14,452 Morgan's Point Resort $8,024 Brownsboro $3,176 Morris County $53,328 Brownsville $425,057 Morton $167 Brownwood $166,572 Motley County $3,344 Bruceville-Eddy $1,692 Moulton $999 Bryan $246,897 Mount Calm $605 Bryson $1,228 Mount Enterprise $1,832 Buckholts $1,113 Mount Pleasant $65,684 Buda $10,784 Mount Vernon $6,049 Buffalo $11,866 Mountain City $1,548 Buffalo Gap $88 Muenster $4,656 Buffalo Springs $188 Muleshoe $4,910 Bullard $7,487 Mullin $384 Bulverde $14,436 Munday $2,047 Bunker Hill Village $472 Murchison $2,302 Burkburnett $37,844 Murphy $51,893 Burke $1,114 Mustang $7 Burleson County $70,244 Mustang Ridge $2,462 Burleson $151,779 Nacogdoches $205,992 Burnet $33,345 Nacogdoches County $198,583 Burnet County $189,829 Naples $4,224 Burton $937 Nash $7,999 Byers $77 Nassau Bay $11,247 Bynum $380 Natalia $625 Cactus $4,779 Navarro $334 Caddo Mills $43 Navarro County $103,513 Caldwell $18,245 Navasota $37,676 Caldwell County $86,413 Nazareth $124 Calhoun County $127,926 Nederland $44,585 Callahan County $12,894 Needville $10,341 Callisburg $101 Nevada $237 Page 5 Calvert $772 New Berlin $4 Cameron $11,091 New Boston $6,953 Cameron County $537,026 New Braunfels $307,313 Camp County $28,851 New Chapel Hill $288 Camp Wood $422 New Deal $338 Campbell $1,116 New Fairview $2,334 Canadian $1,090 New Home $9 Caney City $2,005 New Hope $1,024 Canton $56,734 New London $4,129 Canyon $26,251 New Summerfield $442 Carbon $620 New Waverly $2,562 Carl's Corner $48 Newark $520 Carmine $385 Newcastle $914 Carrizo Springs $1,671 Newton $6,102 Carrollton $310,255 Newton County $158,006 Carson County $29,493 Neylandville $163 Carthage $18,927 Niederwald $16 Cashion Community $322 Nixon $2,283 Cass County $93,155 Nocona $16,536 Castle Hills $12,780 Nolan County $50,262 Castro County $4,420 Nolanville $4,247 Castroville $4,525 Nome $391 Cedar Hill $70,127 Noonday $226 Cedar Park $185,567 Nordheim $697 Celeste $1,280 Normangee $6,192 Celina $18,283 North Cleveland $105 Center $58,838 North Richland Hills $146,419 Centerville $385 Northlake $8,905 Chambers County $153,188 Novice $76 Chandler $17,364 Nueces County $1,367,932 Channing $2 O'Brien $76 Charlotte $4,257 O'Donnell $27 Cherokee County $156,612 Oak Grove $2,769 Chester $1,174 Oak Leaf $612 Chico $2,928 Oak Point $9,011 Childress $37,916 Oak Ridge $358 Childress County $50,582 Oak Ridge North $33,512 Chillicothe $172 Oak Valley $7 China $522 Oakwood $148 China Grove $598 Ochiltree County $15,476 Page 6 Chireno $1,568 Odem $7,420 Christine $354 Odessa $559,163 Cibolo $13,690 Oglesby $29 Cisco $7,218 Old River-Winfree $21,653 Clarendon $114 Oldham County $10,318 Clarksville $20,891 Olmos Park $9,801 Clarksville City $54 Olney $6,088 Claude $26 Olton $1,197 Clay County $72,050 Omaha $4,185 Clear Lake Shores $6,682 Onalaska $31,654 Cleburne $228,184 Opdyke West $479 Cleveland $96,897 Orange $311,339 Clifton $9,939 Orange County $689,818 Clint $375 Orange Grove $1,677 Clute $51,350 Orchard $867 Clyde $17,287 Ore City $6,806 Coahoma $2,291 Overton $7,900 Cochran County $3,389 Ovilla $13,391 Cockrell Hill $512 Oyster Creek $9,633 Coffee City $1,087 Paducah $125 Coke County $5,522 Paint Rock $141 Coldspring $447 Palacios $14,036 Coleman $5,442 Palestine $178,009 Coleman County $4,164 Palisades $240 College Station $258,147 Palm Valley $1,918 Colleyville $46,049 Palmer $12,666 Collin County $1,266,721 Palmhurst $4,660 Collingsworth County $19,234 Palmview $7,577 Collinsville $1,831 Palo Pinto County $124,621 Colmesneil $2,211 Pampa $67,227 Colorado City $8,405 Panhandle $9,536 Colorado County $49,084 Panola County 880,699 Columbus $6,867 Panorama Village $1,292 Comal County $396,142 Pantego $12,898 Comanche $16,503 Paradise $52 Comanche County $50,964 Paris $201,180 Combes $1,710 Parker $10,307 Combine $1,892 Parker County $476,254 Commerce $33,869 Parmer County $15,866 Como $415 Pasadena $356,536 Page 7 Concho County $3,859 Pattison $1,148 Conroe $466,671 Patton Village $9,268 Converse $27,693 Payne Springs $1,770 Cooke County $200,451 Pearland $333,752 Cool $731 Pearsall $11,570 Coolidge $243 Pecan Gap $719 Cooper $362 Pecan Hill $229 Coppell $86,593 Pecos $7,622 Copper Canyon $489 Pecos County $46,997 Copperas Cove $133,492 Pelican Bay $1,199 Corinth $75,298 Penelope $415 Corpus Christi $1,812,707 Penitas $312 Corral City $143 Perryton $23,364 Corrigan $21,318 Petersburg $1,691 Corsicana $87,310 Petrolia $17 Coryell County $123,659 Petronila $5 Cottle County $875 Pflugerville $86,408 Cottonwood $289 Pharr $144,721 Cottonwood Shores $1,203 Pilot Point 811,613 Cotulla $1,251 Pine Forest $3,894 Coupland $266 Pine Island $3,141 Cove $387 Pinehurst $32,671 Covington $519 Pineland $4,138 Coyote Flats $1,472 Piney Point Village $15,738 Crandall $12,094 Pittsburg $20,526 Crane $10,599 Plains $129 Crane County $26,146 Plainview $60,298 Cranfills Gap $128 Plano $1,151,608 Crawford $383 Pleak $270 Creedmoor $16 Pleasant Valley $308 Cresson $1,086 Pleasanton $29,011 Crockett $23,403 Plum Grove $258 Crockett County $18,210 Point $1,519 Crosby County $18,388 Point Blank $355 Crosbyton $1,498 Point Comfort $447 Cross Plains $4,877 Point Venture $588 Cross Roads $244 Polk County $370,831 Cross Timber $542 Ponder $1-1282 Crowell $6,335 Port Aransas $31,022 Crowley $22,345 Port Arthur $367,945 Page 8 Crystal City $19,412 Port Isabel $9,802 Cuero $24,689 Port Lavaca $11,752 Culberson County $789 Port Neches $38,849 Cumby $5,320 Portland $76,517 Cuney $606 Post $2,332 Cushing $1,120 Post Oak Bend City $1,034 Cut and Shoot $2,141 Poteet $6,767 DISH $19 Poth $3,974 Daingerfield $12,476 Potter County $371,701 Daisetta $5,370 Pottsboro $12,302 Dalhart $11,609 Powell $110 Dallam County $21,686 Poynor $1,180 Dallas County $8,538,291 Prairie View $7,600 Dallas $2,999,902 Premont $3,321 Dalworthington Gardens $6,060 Presidio $148 Danbury $4,231 Presidio County $787 Darrouzett $101 Primera $2,958 Dawson $600 Princeton $19,245 Dawson County $46,911 Progreso $8,072 Dayton $47,122 Progreso Lakes $39 Dayton Lakes $38 Prosper $22,770 De Kalb $1,035 Providence Village $508 De Leon $8,218 Putnam $14 De Witt County $68,895 Pyote $22 DeCordova $13,778 Quanah $207 DeSoto $72,400 Queen City $4,837 Deaf Smith County $34,532 Quinlan $7,304 Dean $141 Quintana $492 Decatur $56,669 Quitaque $8 Deer Park $49,388 Quitman $15,619 Del Rio $59,056 Rains County $53,190 Dell City $15 Ralls $3,967 Delta County $30,584 Rancho Viejo $3,836 Denison $210,426 Randall County $278,126 Denton $458,334 Ranger $12,186 Denton County $1,132,298 Rankin $1,613 Denver City $2,104 Ransom Canyon $930 Deport $42 Ravenna $685 Detroit $965 Raymondville $7,466 Devers $191 Reagan County $25,215 Page 9 Devine $4,354 Real County $5,073 Diboll $25,533 Red Lick $23 Dickens $71 Red Oak $26,843 Dickens County $1,873 Red River County $29,306 Dickinson $83,683 Redwater $1,058 Dilley $2,633 Reeves County $103,350 Dimmit County $33,294 Refugio $8,839 Dimmitt $1,012 Refugio County $46,216 Dodd City $1,211 Reklaw $1,136 Dodson $447 Reno $3,791 Domino $196 Reno $11,164 Donley County $22,370 Retreat $52 Donna $13,798 Rhome $12,285 Dorchester $231 Rice $1,972 Double Oak $4,765 Richardson $260,315 Douglassville $574 Richland $210 Dripping Springs $811 Richland Hills $24,438 Driscoll $39 Richland Springs $2,234 Dublin $14,478 Richmond $77,606 Dumas $26,229 Richwood $12,112 Duncanville $58,328 Riesel $1,118 Duval County $49,109 Rio Bravo $8,548 Eagle Lake $4,882 Rio Grande City $25,947 Eagle Pass $56,005 Rio Hondo $3,550 Early $14,838 Rio Vista $4,419 Earth $242 Rising Star $1,933 East Bernard $5,554 River Oaks $11,917 East Mountain $2,494 Riverside $858 East Tawakoni $2,723 Roanoke $275 Eastland $15,896 Roaring Springs $461 Eastland County $52,275 Robert Lee $85 Easton $329 Roberts County $547 Ector $1,108 Robertson County $44,642 Ector County $480,000 Robinson $18,002 Edcouch $4,101 Robstown $40,154 Eden $497 Roby $428 Edgecliff Village $2,232 Rochester $674 Edgewood $13,154 Rockdale $20,973 Edinburg $120,884 Rockport $54,253 Edmonson $136 Rocksprings $25 Page 10 Edna $18,194 Rockwall $114,308 Edom $2,149 Rockwall County $168,820 Edwards County $975 Rocky Mound $280 El Campo $31,700 Rogers $3,818 El Cenizo $621 Rollingwood $4,754 El Lago $5,604 Roma $16,629 El Paso $1,224,371 Roman Forest $8,610 El Paso County $2,592,121 Ropesville $2,122 Eldorado $50 Roscoe $778 Electra $15,716 Rose City $4,012 Elgin $26,284 Rose Hill Acres $2,311 Elkhart $301 Rosebud $1,489 Ellis County $315,372 Rosenberg $126,593 Elmendorf $746 Ross $147 Elsa $7,720 Rosser $549 Emhouse $83 Rotan $1,493 Emory $3,878 Round Mountain $454 Enchanted Oaks $1,299 Round Rock $475,992 Encinal $1,515 Round Top $140 Ennis $81,839 Rowlett $99,963 Erath County $102,616 Roxton $47 Escobares $40 Royse City $23,494 Estelline $909 Rule $800 Euless $92,824 Runaway Bay $6,931 Eureka $334 Runge $255 Eustace $2,089 Runnels County $33,831 Evant $2,068 Rusk $17,991 Everman $7,692 Rusk County $151,390 Fair Oaks Ranch $8,077 Sabinal $1,811 Fairchilds $81 Sabine County $46,479 Fairfield $1,245 Sachse $23,400 Fairview $32,245 Sadler $925 Falfurrias $2,221 Saginaw $31,973 Falls City $41 Salado $3,210 Falls County $34,522 San Angelo $536,509 Fannin County $131,653 San Antonio $4,365,416 Farmers Branch $94,532 San Augustine $25,182 Farmersville $10,532 San Augustine County $37,854 Farwell $343 San Benito $40,015 Fate $3,473 San Diego $11,771 Page 11 Fayette County $92,440 San Elizario $7,831 Fayetteville $391 San Felipe $1,498 Ferris $13,873 San Jacinto County $197,398 Fisher County $5,518 San Juan $28,845 Flatonia $5,661 San Leanna $36 Florence $3,949 San Marcos $325,688 Floresville $21,699 San Patricio $4,213 Flower Mound $215,256 San Patricio County $271,916 Floyd County $9,049 San Perlita $2,219 Floydada $6,357 San Saba $10,057 Foard County $5,764 San Saba County 817,562 Follett $212 Sanctuary $17 Forest Hill $26,132 Sandy Oaks $9,863 Forney $80,112 Sandy Point $1,637 Forsan $576 Sanford $308 Fort Bend County $1,506,719 Sanger $22,237 Fort Stockton $4,411 Sansom Park $223 Fort Worth $2,120,790 Santa Anna $329 Franklin $3,931 Santa Clara $87 Franklin County $25,783 Santa Fe $33,272 Frankston $274 Santa Rosa $2,138 Fredericksburg $56,486 Savoy $2,349 Freeport $72,973 Schertz $60,110 Freer $3,271 Schleicher County $5,695 Freestone County $50,495 Schulenburg $2,560 Friendswood $140,330 Scotland $148 Frio County $19,954 Scottsville $708 Friona $2,848 Scurry $1,110 Frisco $405,309 Scurry County $73,116 Fritch $4,548 Seabrook $30,270 Frost $321 Seadrift $991 Fruitvale $2,344 Seagoville $17,106 Fulshear $5,272 Seagraves $7,531 Fulton $1,602 Sealy $20,637 Gaines County $54,347 Seguin $376,538 Gainesville $153,980 Selma $22,429 Galena Park $13,093 Seminole $16,092 Gallatin $1,253 Seven Oaks $3,917 Galveston $488,187 Seven Points $7,452 Galveston County $1,124,093 Seymour $14,218 Page Le Ganado $5,510 Shackelford County $1,288 Garden Ridge $11,351 Shady Shores $594 Garland $420,244 Shallowater $1,907 Garrett $2,510 Shamrock $4,328 Garrison $3,555 Shavano Park $3,178 Gary City $450 Shelby County $109,925 Garza County $8,944 Shenandoah $47,122 Gatesville $26,994 Shepherd $147 George West $6,207 Sherman $330,585 Georgetown $225,896 Sherman County $7,930 Gholson $1,505 Shiner $4,042 Giddings $12,674 Shoreacres $958 Gillespie County $63,191 Silsbee $66,442 Gilmer $33,951 Silverton $14 Gladewater $24,638 Simonton $1,906 Glasscock County $1,000 Sinton $23,658 Glen Rose $540 Skellytown $400 Glenn Heights $16,593 Slaton $154 Godley $3,115 Smiley $655 Goldsmith $677 Smith County $758,961 Goldthwaite $1,225 Smithville $17,009 Goliad $3,563 Smyer $300 Goliad County $34,660 Snook $1,422 Golinda $100 Snyder $9 018 Gonzales $14,882 Socorro $11,125 Gonzales County $33,230 Somerset $1,527 Goodlow $221 Somervell County $57,076 Goodrich $9,643 Somerville $3,806 Gordon $365 Sonora $7,337 Goree $749 Sour Lake $17,856 Gorman $3,107 South Houston $25,620 Graford $23 South Mountain $154 Graham $235,428 South Padre Island $30,629 Granbury $71,735 Southlake $70,846 Grand Prairie $445,439 Southmayd $7,096 Grand Saline $36,413 Southside Place $885 Grandfalls $65 Spearman $14,000 Grandview $6,600 Splendora $7,756 Granger $2,741 Spofford $7 Granite Shoals $11,834 Spring Valley Village $16,404 Page 13 Granjeno $43 Springlake $3 Grapeland $7,287 Springtown $14,244 Grapevine $129,195 Spur $427 Gray County $65,884 St. Hedwig $111 Grays Prairie $17 St. Jo $7,360 Grayson County $539,083 St. Paul $21 Greenville $203,112 Stafford $75,145 Gregg County $243,744 Stagecoach $3,036 Gregory $4,697 Stamford $398 Grey Forest $474 Stanton $3,838 Grimes Comity $94,878 Staples $19 Groesbeck $5,745 Star Harbor $151 Groom $965 Starr County $99,896 Groves $40,752 Stephens County $35,244 Groveton $8,827 Stephenville $83,472 Gruver $1,166 Sterling City $62 Guadalupe County $146,824 Sterling County $939 Gun Barrel City $36,302 Stinnett $4,097 Gunter $4,609 Stockdale $741 Gustine $34 Stonewall County $1,822 Hackberry $94 Stratford $8,378 Hale Center $6,042 Strawn $987 Hale County $79,150 Streetman $5 Hall County $8,933 Sudan $32 Hallettsville $6,895 Sugar Land $321,561 Hallsburg $272 Sullivan City $6,121 Hallsville $10,239 Sulphur Springs $124,603 Haltom City $71,800 Sun Valley $4 Hamilton $3,581 Sundown $2,592 Hamilton County $66,357 Sunnyvale $3,248 Hamlin $4,656 Sunray $2,571 Hansford County $16,416 Sunrise Beach Village $2,083 Happy $327 Sunset Valley $9,425 Hardeman County $15,219 Surfside Beach $6,530 Hardin $100 Sutton County $6,541 Hardin County $379,800 Sweeny $4,503 Harker Heights $113,681 Sweetwater $68,248 Harlingen $165,429 Swisher County $7,251 Harris County $14,966,202 Taft $5,861 Harrison County $185,910 Tahoka $430 Page 14 Hart $86 Talco $372 Hartley County $786 Talty $9,124 Haskell $10,829 Tarrant County $6,171,159 Haskell County $22,011 Tatum $972 Haslet $1,908 Taylor $57,945 Hawk Cove $674 Taylor County $351,078 Hawkins $7,932 Taylor Lake Village $412 Hawley $931 Taylor Landing $153 Hays $506 Teague $1,714 Hays County $529,489 Tehuacana $12 Hearne $16,824 Temple $280,747 Heath $28,751 Tenaha $4,718 Hebron $687 Terrell $148,706 Hedley $70 Terrell County $5,737 Hedwig Village $13,067 Terrell Hills $9,858 Helotes $15,790 Terry County $25,423 Hemphill $8,035 Texarkana $192,094 Hemphill County $14,394 Texas City $298,702 Hempstead $21,240 Texhoma $156 Henderson $59 966 Texline $865 Henderson County $327,965 The Colony $114,297 Henrietta $2,720 The Hills $1,004 Hereford $20,423 Thompsons $1,897 Hewitt $19,776 Thorndale $1,505 Hickory Creek $16,510 Thornton $270 Hico $5,534 Thorntonville $87 Hidalgo $26,621 Thrall $825 Hidalgo County $1,253,103 Three Rivers $4,669 Hideaway $922 Throckmorton $29 Higgins $43 Throckmorton County $5,695 Highland Haven $320 Tiki Island $2,178 Highland Park $43,383 Timbercreek Canyon $369 Highland Village $50,315 Timpson $12,642 Hill Country Village $6,485 Tioga $2,390 Hill County $127,477 Tira $185 Hillcrest $5,345 Titus County $70,611 Hillsboro $46,609 Toco $4 Hilshire Village $859 Todd Mission $1,680 Hitchcock $28,796 Tolar $2,369 Hockley County $46,407 Tom Bean $2,293 Page 15 Holiday Lakes $1,795 Tom Green County $282,427 Holland $77 Tomball $34,620 Holliday $5,910 Tool $14,787 Hollywood Park $9,424 Toyah $40 Hondo $115,288 Travis County $4,703,473 Honey Grove $7,196 Trent $63 Hood County $292,105 Trenton $3,089 Hooks $2,702 Trinidad $5,859 Hopkins County $149,518 Trinity $23,652 Horizon City $7,520 Trinity County $105,766 Horseshoe Bay $48,173 Trophy Club $29,370 Houston County $78,648 Troup $7,918 Houston $7,021,793 Troy $5,320 Howard County $89,330 Tulia $8,911 Howardwick $84 Turkey $737 Howe $9,177 Tuscola $138 Hubbard $3,635 Tye $1,766 Hudson $6,840 Tyler $723,829 Hudson Oaks $15,637 Tyler County $131,743 Hudspeth County $985 Uhland $1,545 Hughes Springs $4,442 Uncertain $185 Humble $73,952 Union Grove $994 Hunt County $309,851 Union Valley $666 Hunters Creek Village $14,708 Universal City $28,428 Huntington $8,792 University Park $50,833 Huntsville $80,373 Upshur County $128,300 Hurst $99,187 Upton County $8,499 Hutchins $9,551 Uvalde $18,439 Hutchinson County $74,630 Uvalde County $36,244 Hutto $38,346 Val Verde County $117,815 Huxley $738 Valentine $207 Idalou $1,999 Valley Mills $2,228 Impact $8 Valley View $1,824 Indian Lake $473 Van $6,206 Industry $604 Van Alstyne $43,749 Ingleside on the Bay $142 Van Horn $211 Ingleside $40,487 Van Zandt County $248,747 Ingram $5,243 Vega $974 Iola $3,164 Venus $9,792 Iowa Colony $4,090 Vernon $81,337 Page 16 Iowa Park $23,487 Victoria $84,598 Iraan $56 Victoria County $520,886 Iredell $216 Vidor $95,620 Irion County $9,105 Vinton $622 Irving $427,818 Volente $333 Italy $5,349 Von Ormy $513 Itasca $8,694 Waco $512,007 Ivanhoe $26 Waelder $3,427 Jacinto City $14,141 Wake Village $174 Jack County $14,799 Walker County $184,624 Jacksboro $23,254 Waller County $126,206 Jackson County $37,984 Waller $11,295 Jacksonville $80,179 Wallis $2,698 Jamaica Beach $4,913 Walnut Springs $183 Jarrell $2,423 Ward County $67,920 Jasper $78,422 Warren City $66 Jasper County $248,855 Washington County $83,727 Jayton $63 Waskom $5,346 Jeff Davis County $8,500 Watauga $33,216 Jefferson $11,194 Waxahachie $152,094 Jefferson County $756,614 Weatherford $207,872 Jersey Village $36,347 Webb County $505,304 Jewett $9,338 Webberville $1,280 Jim Hogg County $12,718 Webster $53,202 Jim Wells County $166,539 Weimar $5,830 Joaquin $810 Weinert $234 Johnson City $3,581 Weir $443 Johnson County $408,692 Wellington $9,111 Jolly $26 Wellman $383 Jones County $22,001 Wells $1,357 Jones Creek $5,078 Weslaco $73,949 Jonestown $6,419 West $3,522 Josephine $881 West Columbia $17,958 Joshua $20,619 West Lake Hills $17,056 Jourdanton $9,600 West Orange $42,452 Junction $4,825 West Tawakoni $6,995 Justin $8,575 West University Place $34,672 Karnes City $11,632 Westbrook $43 Karnes County $35,249 Westlake $41,540 Katy $52,467 Weston $266 Page 17 Kaufman $27,607 Weston Lakes $189 Kaufman County $353,047 Westover Hills $4,509 Keene $38,296 Westworth Village $7,842 Keller $79,189 Wharton $31,700 Kemah $28,325 Wharton County $72,887 Kemp $6,419 Wheeler $447 Kempner $330 Wheeler County $26,273 Kendall County $100,643 White Deer $1,273 Kendleton $13 White Oak $15,305 Kenedy $676 White Settlement $23,304 Kenedy County $1,000 Whiteface $155 Kenefick $416 Whitehouse $29,017 Kennard $132 Whitesboro $18,932 Kennedale $21,024 Whitewright $7,098 Kent County $939 Whitney $73 Kerens $1,924 Wichita County $552,371 Kermit $5,652 Wichita Falls $832,574 Kerr County $218,452 Wickett $87 Kerrville $190,357 Wilbarger County $55,124 Kilgore $105,583 Willacy County $24,581 Killeen $535,650 Williamson Comity $1,195,987 Kimble County $20,480 Willis $24,384 King County $1,000 Willow Park $26,737 Kingsville $20,083 Wills Point $43,765 Kinney County $2,142 Wilmer $426 Kirby $8,752 Wilson $12 Kirbyville $10,690 Wilson County $121,034 Kirvin $2 Wimberley $724 Kleberg County $124,109 Windcrest $12,908 Knollwood $1,160 Windom $1,087 Knox City $1,962 Windthorst $3,385 Knox County $11,730 Winfield $290 Kosse $2,468 Wink $120 Kountze $19,716 Winkler County $61,163 Kress $186 Winnsboro $28,791 Krugerville $1,508 Winona $319 Krum $9,661 Winters $6,229 Kurten $686 Wise County $289,074 Kyle $51,835 Wixon Valley $441 La Feria $10,381 Wolfe City $5,466 Page 18 La Grange $9,623 Wolfforth $4,022 La Grulla $1,708 Wood Comity $267,048 La Joya $8,457 Woodbranch $9,617 La Marque $98,930 Woodcreek $358 La Porte $91,532 Woodloch $1,012 La Salle County $14,975 Woodsboro $1,130 La Vernia $3,217 Woodson $122 La Villa $572 Woodville $20,340 La Ward $321 Woodway $25,713 LaCoste $159 Wortham $376 Lacy-Lakeview $11,599 Wylie $114,708 Ladonia $2,011 Yantis $2,072 Lago Vista $13,768 Yoakum Comity $34,924 Laguna Vista $3,689 Yoakum $20,210 Lake Bridgeport $232 Yorktown $5,447 Lake City $2,918 Young County $44,120 Lake Dallas $25,314 Zapata County $56,480 Lake Jackson $75,781 Zavala County $38,147 Lake Tanglewood $613 Zavalla $1,088 Lake Worth $20,051 Page 19 EXHIBIT C Exhibit C: TX Opioid Council & Health Care Region Allocations plus Administrative Costs 70% of Total ($700 million) Health Care Region Allocation*: $693 million; Administrative Costs: $7 million Region Counties in Health Care Region Allocation Anderson, Bowie, Camp, Cass, Cherokee, Delta, Fannin, Franklin, Freestone, Gregg, 1 Harrison, Henderson, Hopkins, Houston, Hunt, Lamar, Marion, Morris, Panola, Rains, Red, River, Rusk, Smith, Titus, Trinity, Upshur, Van, Zandt, Wood $38,223,336 2 Angelina, Brazoria, Galveston, Hardin, Jasper, Jefferson, Liberty, Nacogdoches, Newton, Orange, Polk, Sabine, San Augustine, San Jacinto, Shelby, Tyler $54,149,215 3 Austin, Calhoun, Chambers, Colorado, Fort Bend, Harris, Matagorda, Waller, Wharton $120,965,680 4 Aransas, Bee, Brooks, De Witt, Duval, Goliad, Gonzales, Jackson, Jim Wells, Karnes, Kenedy, Kleberg, Lavaca, Live Oak, Nueces, Refugio, San Patricio, Victoria $27,047,477 5 Cameron, Hidalgo, Starr, Willacy $17,619,875 6 Atascosa, Bandera, Bexar, Comal, Dimmit, Edwards, Frio, Gillespie, Guadalupe, Kendall, Kerr, Kinney, La Salle, McMullen, Medina, Real, Uvalde, Val Verde, Wilson, Zavala $68,228,047 7 Bastrop, Caldwell, Fayette, Hays, Lee, Travis $50,489,691 8 Bell, Blanco, Burnet, Lampasas, Llano, Milam, Mills, San Saba, Williamson $24,220,521 9 Dallas, Kaufman $66,492,094 10 Ellis, Erath, Hood, Johnson, Navarro, Parker, Somervell, Tarrant, Wise $65,538,414 Brown, Callahan, Comanche, Eastland, Fisher, Haskell, Jones, Knox, Mitchell, Nolan, 11 Palo Pinto, Shackelford, Stephens, Stonewall, Taylor $9,509,818 Armstrong, Bailey, Borden, Briscoe, Carson, Castro, Childress, Cochran, Collingsworth, Cottle, Crosby, Dallam, Dawson, Deaf Smith, Dickens, Donley, Floyd, Gaines, Garza, 12 Gray, Hale, Hall, Hanford, Hartley, Hemphill, Hockley, Hutchinson, Kent, King, Lamb, Lipscomb, Lubbock, Lynn, Moore, Motley, Ochiltree, Oldham, Parmer, Potter, Randall, Roberts, Scurry, Sherman, Swisher, Terry, Wheeler, Yoakum $23,498,027 13 Coke, Coleman, Concho, Crockett, Irion, Kimble, Mason, McCulloch, Menard, Pecos, Reagan, Runnels, Schleicher, Sterling, Sutton, Terrell, Tom Green $5,195,605 14 Andrews, Brewster, Crane, Culberson, Ector, Glasscock, Howard, Jeff Davis, Loving, Martin, Midland, Presidio, Reeves, Upton, Ward, Winkler $12,124,354 15 El Paso, Hudspeth $17,994,285 16 Bosque, Coryell, Falls, Hamilton, Hill, Limestone, McLennan $9,452,018 17 Brazos, Burleson, Grimes, Leon, Madison, Montgomery, Robertson, Walker, Washington $23,042,947 18 Collin, Denton, Grayson, Rockwall $39,787,684 Archer, Baylor, Clay, Cooke, Foard, Hardeman, Jack, Montague, Throckmorton, Wichita, 19 Wilbarger,Young $12,665,268 20 Jim Hogg, Maverick, Webb, Zapata $6,755,656 Administrative Costs $7,000,000 * Each Region shall reserve 25% of its allocation for Targeted Funds under the guidelines of Exhibit A. ` 1 SEA-UM0%NT TEXAS ` TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: November 9, 2021 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Jayla Sutton. BACKGROUND This matter was presented and discussed in Executive Session held on November 2, 2021. The City Attorney is requesting authority to settle this claim in the amount of$26,000.00. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. i RESOLUTION NO. WHEREAS, the claim of Jayla Sutton was discussed in Executive Session properly called and held on Tuesday, November 2, 2021; and, WHEREAS, the City Attorney is requesting authority to settle this claim; 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 is hereby, authorized to settle the claim of Jayla Sutton for the sum of Twenty-Six Thousand and XX/100 Dollars ($26,000.00); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the claim. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of November, 2021. - Mayor Robin Mouton - J BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: November 9, 2021 REQUESTED ACTION: Council consider a resolution approving the purchase of two new vehicles for use in the Fire/EMS Department. BACKGROUND The Fire/EMS Department has reclassified two positions to include a Compliance Officer and a Quality Assurance supervisor. Both positions require vehicles to efficiently perform the tasks assigned, as well as supporting our 911 responses as needed with necessary medical equipment. The new units are additional equipment being added to the emergency response fleet. The vehicles will be purchased from Silsbee Ford in the amount of$75,352.60. Pricing was obtained through the GoodBuy purchasing cooperative, which provides cities and political subdivisions the means to purchase specialized equipment at volume pricing. GoodBuy complies with State of Texas' procurement statutes. Warranties of 36,000 miles or three years are provided for each new vehicle. Warranty service is provided by local authorized dealerships. Quote is attached. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. Itu fit 1I1I[]I PRODUCT PRICING SUMMARY GOODBUY 17-17 8F000 VEHICLES VENDOR--Silsbee Ford,1211 Hwy 96 N.,Silsbee TX 77656 End User: CITY OF BEAUMONT Prepared by: KEN DURBIN Contact: JEFF HARVILLE MO#679-1214 Phone: MO#409-284-1009 Email: JEFF.HARVILLE(cD-CITYOFB EAU MONTTX.US Email: KQURBIN.COWBOYFLEET(aD_GMA 2022 FORD F-150 W1P POLICE Date: October 19,2021 A. Bid Item: 6 A.Base Price: $ 19,322.00 B. Factory Options Code Options Bid Price Code Options Bid Price W 1P F-150 CREW CAB 4 DR 4 WHEEL DRIVE $ 14,145.00 RED EXT/GRAY INT 1 AUTO MATIC TRANSMISSION $ - 1 AIR CONDITIONING $ - UNIT#18 W 1P FIRE/EMS 99P 3.71,V-6 ECO-BOOST GAS ENGINE $ - 1 POWER GROUP/WINDOWS&LOCKS $ 1,445.00 50S CRUISE CONTROL $ 225.00 18B FACTORY RUNNING BOARDS $ 399.00 1 LED LEFT SPOTLIGHT $ 385.00 1 X-TRA KEY PROGRABLE $ 250.00 Total of B.Published Options: $ 16,849.00 Published Option Discount(5%) $ (135.20) C. Additional Options[not to exceed 25%] $= 9.1 % Options Bid Price Options Bid Price RADIO SUPPRESSION PKG $ 125.00 ROLLING LOCK TRI FOLD BED COVER $ 1,445.00 TINT WINDOWS ONYX $ 225.00 DECKED STORAGE SYSTEM $ 1,485.00 Total of C.Unpublished Options: $ 3,280.00 D. Floor Plan Interest(for in-stock and/or equipped vehicles): $ 445.75 E. Lot Insurance(for in-stock and/or equipped vehicles): $ 111.45 F. Contract Price Adjustment: $ - G. Additional Delivery Charge: 0 miles $. - H. Subtotal; $ 39,873.00 I. Quantity Ordered 1 x K= $ 39,873.00 J. Trade in: $ - K. GOODBUY Administrative Fee($300 per purchase order) $ - L. TOTAL PURCHASE PRICE INCLUDING GOODBUY FEE $ 39,873.00 b�x'tlaa kCRA�.",�rs�.a&�we,Ex4�;k'nx3yax-•anC'ea&a'cws;aa' PRODUCT PRICING SUMMARY GOODBUY 17-17 8F000 VEHICLES VENDOR--Silsbee Ford,1211 Hwy 96 N.,Silsbee TX 77656 End User: CITY OF BEAUMONT Prepared by: KEN DURBIN Contact: JEFF HARVILLE MO 679-1214 Phone: MO#409-284-1009 Email: JHARVILLE(d_)CI.BEAUMONT.TX.US Email: KDURBIN.SILSBEEFLEET(EDGMAII Product Description FORD INTERCEPTOR SUV Date: October 14,2021 A. Bid Item: 8 A.Base Price:I $ 34,964.00 B. Factory Options Code Options Bid Price Code Options Bid Price K8A 2022 INTERCEPTOR $ RED EXT/GRAY INT 99B 3.3L V-6 ENGINE GAS $ (4,212.00) UNIT#SFF-17 1 K8A EMS S 1 R LEFT SPOTLIGHT $ 395.00 66C REAR LIGHTING PKG $ 455.00 POWER EQUIPMENT GROUP $ - 66A FRONT HEADLAMP PREP PKG $ 850.00 86T POLICE TAIL LAMPS HOUSING $ 60.00 4 FRONT&REAR MUD FLAPS $ 125.00 17A REAR AIR CONDITIONING $ 610.00 1 SETINA PUSH BUMPER $ 399.00 55F REMOTE KEYLESS ENTRY FOBS $ 340.00 59B KEY A-LIKE 1559X $ 125.00 1 FRONT AND REAR AIR CONDITIONING $ - 1 X-TRA KEY $ 45.00 WIRELESS PHONE CONNECTIVITY $ - 60A GRILL SIREN WIRING $ 80.00 86P IPOLICE HEADLAMP HOUSING I STD T86T REAR TAILIGHT HOUSING $ - Total of B.Published Options: $ (728.00) Published Option Discount(5%) $ 36.40 C. Additional Options [not to exceed 25%] $= 1.0 % Options Bid Price Options Bid Price RADIO SUPPRESSION PKG $ 125.00 ONYX TINT ALL WINDOWS $ 225.00 Total of C.Unpublished Options: $ 350.00 D. Floor Plan Interest(for in-stock and/or equipped vehicles): $ 445.75 E. Lot Insurance(for in-stock and/or equipped vehicles): $ 111.45 F. Contract Price Adjustment: $ - G. Additional Delivery Charge: 0 miles $ - H. Subtotal: $ 35,179.66 I. Quantity Ordered 1 x K= $ 35,179.60 J. Trade in: $ - K. GOODBUY Administrative Fee($300 per purchase order) $ 300.00 L. TOTAL PURCHASE PRICE INCLUDING GOODBUY FEE $ 35,479.60 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of two (2) vehicles for use by the Fire/EMS Department from Silsbee Ford, of Silsbee, Texas, in the amount of $75,352.60 through the GoodBuy Cooperative Purchasing Program. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of November, 2021. - Mayor Robin Mouton - 1 November 9,2021 Consider authorizing the City Manager to award.a contract to LD Construction for the Street Rehabilitation City Wide-Phase IV Project BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: November 9, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a contract to LD Construction, of Beaumont. BACKGROUND The Street Rehabilitation City Wide—Phase IV Project consists of the rehabilitation of forty (40) roadways. These roadways will receive base repairs or a cement slurry application to achieve base stabilization followed by hot mix asphaltic concrete pavement overlays. On October 28, 2021, three (3)bids were received for furnishing all labor, materials, and equipment for the project. The Engineer's Estimate is $5,400,000.00. The bid totals are indicated in the table below: Contractor Location Base Bid Amount LD Construction Beaumont, TX $5,188,661.94 ALLCO, LLC Beaumont, TX $5,578,555.00 Gulf Coast, a CRH Company Beaumont, TX $5,823,833.56 The Public Works Engineering staff recommends this project be awarded to the lowest bidder, LD Construction, in the amount of$5,188,661.94. A total of 465 calendar days are allocated for completion of the project. FUNDING SOURCE Capital Program—Street Rehabilitation Program. RECOMMENDATION Approval of the resolution. STREET REHABILITATION CITY WIDE-PHASE IV PROJECT BID NUMBER:PW1022-01 BID OPENING DATE:THURSDAY,OCTOBER 28,2021 The Bid Proposals submitted have been reviewed and to the best of my knowledge this is an accurate tabulation of the bids received. 'c..�pZE OF T...or �f . AMALIAVILLARREAL,P.E, j By:AMALIA VILLARREAL,P.E.,CITY ENGINEER DATE fj 90340 of do It LD Construction ALLCO,LLC. Gulf Coast,a CRH Company Item No. Item Code Description Estimated P Quantity Unit Unit Price Total Unit Price Total Unit Price Total 100 6001 PREP ROW(NOT TO EXCEED$300 PER STATION) 686 STA $ 250.00 $ 171,500.00 $ 238.00 $ 163,268.00 $ 185.00 $ 126,910.00 275 6012 CEMENT TRT(MIX EXISTING MATERIAL)(8"TO 10") 149,983 SY $ 10.00 $ 1.499,830.00 $ 12.25 $ 1,837,291.75 $ 12.45 $ 1,867,288.35 340 6001 D-GRHMA TY-D P070-22(1.5")(WEARING SURFACE) 2,839 TON $ 100.00 $ 283,900.00 $ 100.00 $ 283,900.00 $ 119.70 $ 339,828.30 340 6003 D-GR HMA TY-F P070-22(1.25")(WEARING SURFACE) 9,094 TON $ 100.00 $ 909,400.00 $ 101.00 $ 918,494.00 $ 115.80 $ 1,053,085.20 340 6004 D-GR HMA TY-D PG70-22(1.5")(L.EVEL.UP) 13,751 TON $ 100.00 $ 1,375,100.00 $ 100.00 $ 1,375,100.00 $ 103.15 '$ 1,418,415.65 351 6001 REPAIR OF FLEXIBLE PAVEMENT(8"ASB) 2,827 SY $ 70.00 $ 197,890.00 $ 62.00 $ 175,274.00 $ 76.00 $ 214,852.00 354 6096 PLANE ASPH CONC PAV(1"TO3") 33,123 SY $ 3.00 $ 99,369.00 $ 4.25 $ 140,772.75 $ 2.60 $ 86,119.80 354 9999 PLANE ACP(I"TO 3")(SKID STEER MOUNTED EQUIPMENT) 6,807 SY $ 5.00 $ 34,035.00 $ 8.00 $ 54,456.00 $ 13.00 $ 88,491.00 500 6001 MOBILIZATION(NOT TO EXCEED 5%) 1 LS $ 200,000.00 $ 200,000.00 $ 227,500.65 $ 227,500.65 $ 202,635.00 $ 202,635.00 502 6001 BARRICADES,SIGNS&TRAFFIC HANDLING(NOT TO EXCEED$5,000 PER MONTH) 15 MO $ 4,000.00 $ 60,000.00 $ 1,750.00 $ 26,250.00 $ 4,300.00 $ 64,500.00 530 6011 INTERSECTIONS,DRIVEWAYS,AND TURNOUTS(ACP) 1,839 TON $ 150.00 $ 275,850.00 $ 138.00 $ 253,782.00 $ 148.00 $ 272,172.00 666 6001 REFL PAV MRK TY I(YELLOW)(4")(SOLID)(100 MIL)(NO SEALER REQUIRED) 5,676 LF $ 2.18 $ 12,373.68 $ 0.80 $ 4,540.80 $ 0.84 $ 4,767.84 666 6002 REFL PAV MRK TY I(YELLOW)(4")(BROKEN)(100 MIL)(NO SEALER REQUIRED) 2,700 LF $ 2.18 $ 5,886.00 $ 0.80 $ 2,160.00 $ 1.16 $ 3,132.00 666 6003 REFL PAV MRK TY I(WHITE)(4")(SOLID)(100 MIL)(NO SEALER REQUIRED) 1,817 LF $ 2.18 $ 3,961.06 $ 0.80 $ 1,453.60 $ 0.81 $ 1,471.77 666 6004 REFL PAV MRK TY I(WHITE)(4")(BROKEN)(100 MIL)(NO SEALER REQUIRED) 440 LF $ 2.18 $ 959.20 $ 0.90 $ 352.00 $ 1.36 $ 598.40 666 6005 REFL PAV MRK TY I(WHITE)(12")(SOLID)(100 MIL)(NO SEALER REQUIRED) 103 LF $ 17.00 $ 1,751.00 $ 5.00 $ 515.00 $ 9.05 $ 932.15 666 6006 REFL PAV MRK TY I(WHITE)(24")(SOLID)(100 MIL)(NO SEALER REQUIRED) 32 LF $ 34.00 $ 1,088.00 $ 10.00 $ 320.00 $ 10.55 $ 337.60 668 6077 PREFAB PAV MRK TY C(WHITE)(ARROW) 2 EA $ 2.264.00 $ 4,528.00 $ 630.00 $ 1,260.00 $ 302.00 $ 604.00 668 6088 PREFAB PAV MRK TY C(WHITE)(DOUBLE ARROW) I EA $ 4,094.00 $ 4,094.00 $ 1,199.45 $ 1,199.45 $ 505.00 $ 505.00 668 6085 PREFAB PAV MRKTY C(WHITE)(WORD) 1 EA $ 3,241.00 $ 3,241.00 $ 900.00 $ 900.00 $ 352.00 $ 352.00 713 6005 CLEANING AND SEALING JOINTS AND CRACKS 21,953 LF $ 2.00 $ 43,906.00 $ 5.00 $ 109,765.00 $ 3.50 $ 76,935.50 BASE BID TOTAL $ 5,188,661.94 $ 5,578,555.00 $ 5,823,833.56 PROJECT: Street Rehabilitation Phase IV PROJECT CENTERLINE ROAD MILES: 13.0 Miles BID DATE: 10/28/2021 START DATE: Estimated 12/2021 END DATE: Estimated 3/2022 STREET FROM TO STATUS BROUSSARD RD TRAM RD CITY LIMITS CHURCH RD BROUSSARD RD SOUTH END HILLCREST DR BROUSSARD RD NORTH END LOOP RD BROUSSARD RD 1250-FT NE OF MITCHELL RD HODGE RD BROUSSARD RD SOUTH END WELLINGTON PL N DOWLEN RD N DOWLEN RD MITCHELL RD LOOP RD SOUTHEAST END LANDIS DR MAJOR DR ENFIELD LN JAY DR HOOKS AVE KOHLER ST KENNEDY DR NORTH END PHELAN BLVD HOOKS AVE JAY DR YOUNT ST DUFF ST JAY DR YOUNT ST KOHLER ST JAY DR YOUNT ST GLENDALEST COLLEGE-ST PEVITOTST DISHMAN RD MAJOR DR COUNTY MAINTENANCE SIGN BESSEMER AVE BUCHANAN ST TYLER ST BUCHANAN ST BETHLEHEM AVE BESSEMER AVE TERRELL AVE . SABINE PASS AVE EAST END SABINE PASS AVE 137-FT N OF CARTWRIGH1 WASHINGTON BLVD AVENUE E ROYAL ST WASHINGTON BLVD AVENUE F COLLEGE ST FRANKLIN ST ROBERTS ST VICTORIA ST SABINE PASS AVE ATLANTA AVE ARABELLA ST SOUTH END ARABELLA AVE PENNSYLVANIA ST ATLANTA AVE PENNSYLVANIA ST ARABELLA ST WASHINGTON BLVD AVENUE B COLLEGE ST BLANCHETTE ST GARDEN ST HEBERT ST LELA ST GLENWOOD AVE S 5TH ST GOLIAD ST EDMONDS AVE S 5TH ST GOLIAD ST NELSON ST SOUTHERLAND ST HEGELE ST S 5TH ST GLENWOOD AVE HEBERT ST LEON ST GOLIAD ST PRESTON ST HEGELE ST GOLIAD ST WACO ST AUGUSTA ST IRVING AVE HIGHLAND AVE PRESTON ST POTTS ST HEBERT ST LELA ST PRADICE ST USAN ST GOLIAD ST WASHINGTON BLVD W.VIRGINIA ST HARRIOT ST FANNETT RD WACO ST IRVING AVE I HIGHLAND DR IFLORIDA AVE NORA ST PRADICE ST LOU ST RESOLUTION NO. WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, and equipment for the Street Rehabilitation City Wide-Phase IV Project; and, WHEREAS, LD Construction, of Beaumont, Texas, submitted a bid in the amount of$5,188,661.94; and, WHEREAS, the City Council is of the opinion that the bid submitted by LD Construction, of Beaumont, Texas, is the lowest responsible bidder providing services at 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 LD Construction, of Beaumont, Texas, in the amount of $5,188,661.94, for the Street Rehabilitation City Wide-Phase IV Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with LD Construction, 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 9th day of November, 2021. - Mayor Robin Mouton - 2 November 9, 2021 Consider approving a proposal submitted by Irwin Seating Company for replacing the seating at the Civic Center BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Keith Folsom, Facilities Maintenance Director MEETING DATE: November 9, 2021 REQUESTED ACTION: Council consider a resolution approving a proposal submitted by Irwin Seating Company for replacing the seating at the Civic Center. BACKGROUND Pricing was obtained from Irwin Seating Company utilizing the OMNIA Contract#R191805 procurement process. OMNIA Partners provide municipalities with the means to purchase products and services at competitive prices contracted under the procurement statues of the State of Texas. The proposed scope of work shall include the removal and disposal of the existing upper seating, furnish, and install 1827 new seats, 136 aisle lights, and providing a performance and payment bond. The cost to replace the upper seating on the east, west, and south sides of the Civic Center Arena, including the proposed scope of work listed on the vendor's proposal and the removal and disposal of the existing seating, will be$389,923.61. The Civic Center Facility was originally constructed in 1977. The existing seating is 44 years old and is experiencing issues with component breaks and the years of wear and tear on the seating make the appearance of the seating unpleasant. Replacement parts for the existing seating are not available. This project is necessary to provide attractive and safe seating for the visiting patrons. As part of this project city staff will be working with the vendor to provide a wider seat for the new seating. FUNDING SOURCE Capital Reserve RECOMMENDATION Approval of the resolution. Vendor LL Local Representative � LIrwin Irwin Seating Company RLC — The Lowe Group Seating 3251 Fruit Ridge NW 22303 Tuwa Rd; Tomball TX 77375 . caGrand Rapids, MI 49544 Tel: 281-255-4449; Fax: 281-255-8548 Coax a �`- - . � - www.irwinseatin .com ncklowe the-lowearoup.com Date: October 28, 2021 Attention: Keith Folsom; City of Beaumont City of Beaumont— Beaumont Civic Center Fixed Auditorium Seating OMNIA Contract #R191805 We are pleased to offer the following pricing for auditorium seating by Irwin Seating Co. Pricing is based on the complete quantity ad shipped at one time. Pricing is based on the list of specifications below. Total Net_- Qty Description Unit_ Price Price. Irwin Seating Company Citation Model 90.12.00.4 with the 1827 following components, options, accessories, upholstery $168.97 $308,708.19 and finishes: No. 90 Citation -Square profile 34"tall padded and upholstered back with 2"foam and injection molded poly rear panel. No. 12 Ergo-Padded and upholstered seat with ergonomic substrate, molded foam, and structural composite seat pan. Seat fold-3/4. No. 4 Steel platform. Riser mounted. No. 00 Open end standard. Comfort curved injection molded plastic center and aisle armrests. Rear mounted cupholder for Citation. 136 Beacon 12v LED aisle lights (warm white) on end panels. 3 Transformer for 12v LED aisle lights. Aluminum seat and row designation plates. 18 ADA transfer arm. Fabric: Grade 1 fabric All wood to be Maple- Rotary Cut. Hilti anchors. Irwin standard stain, powder coat, plastic and laminate Photo may not accurately represent all selections. specifications in proposal 1 Freight, Product shipped FOB truck load. $12,255.00 $12,255.00 1827 Receive and Install fixed seating; previaling wage, dumpster $24.00 $43,848.00 provided by GC. 1 Performance and Payment Bond. 1.5% of project total. $5,472.17 $5,472.17 TOTAL PROJECT COST $370,283.36 OPTIONS. 1827 Remove and dispose of existing seating, break and patch $10.75 $19,640.25 anchors. EXCLUSION Sales Tax,will be added if applicable. Page 1 of 2 Vendor for Purchase Order: Irwin Seating Company 3251 Fruit Ridge NW Grand Rapids, MI 49544 www.irwinseating.com TERMS AND CONDITIONS: • Payment Terms are to be approved by Irwin Seating Company UNLESS OTHERWISE NOTED: • This proposal is subject to Irwin Seating Company Standard Terms and Conditions. • This proposal is based upon the use of standard Irwin Seating Company products, manufactured using standard Irwin Seating Company methods. • This proposal is based upon the use of the referenced fabric,and standard paint, plastic,stain and laminated selections. Options or special details are only provided to the extent specifically listed in this proposal. If any of the above specifications change, alternative pricing must be quoted. • Pricing is based on flour mount chairs mounted to concrete unless specified otherwise in this proposal. • Pricing is based on minimum average row length of 10 chairs. • Pricing is based on 54"wide fabric without a pattern or direction orientation specified. Railroaded (directional)fabrics or fabric with repeats may result in additional costs. • Pricing INCLUDES freight and installation. • Sales tax, payment and performance bonds and removal are NOT included and will be added if required. • Removal of existing product is NOT included and will be added if required. • If applicable,sales tax will be charged based on the tax rate in effect at the time of billing. For tax exempt orders, please provide Irwin Seating Company a copy of your tax exempt certificate along with your purchase order for review and approval. • Pricing is based on shipment in the 2022 calendar year. • Storage and order modification fees may be incurred if changes are requested after the order is entered into production. • Adherence to project milestones as outlined in the critical date schedule is required to meet requested shipment dates. • Our quotation is based on the following concrete specifications: (if applicable) o Floor mounted chairs must be 3"thick free from obstructions for top 1 '/". o Riser mounted chairs must be 4"thick free from obstructions for 2M"from riser face. o Riser to be plumb+/-1/8". o Normal weight concrete to be compressive strength 3000 PSI (structural concrete). o Structural light-weight concrete is acceptable if it is 2500 PSA minimum and weights 90-115 pounds per cubic foot. o Screed is not acceptable anchoring base. If screed dimension exceeds 1", special installation hardware and procedures may be necessary. Any deviations from the concrete conditions mentioned above may result in additional installation charges, the need for alternative anchoring, etc. Installers need to be able to easily drill through the screed to reach clear structural concrete. • Our quote is based upon the following wood specifications: (if applicable) o Minimum of 1 %"thickness o Construction: ■ PLYWOOD: (Minimum Requirements)CDX underlayment; Plug and touch sanding; tongue and grooved. ■ FLOORING: Sub floor plus hard wood(tongue and groove)finish flooring. o Method of Fastening: No. 14x2"Hex washer head S.M.screw Note:Wood construction for riser mounting is not recommended. Any deviations from the conditions mentioned above may result in additional installation charges, the need for alternative anchoring,etc. • Pricing is valid for 90 days from the date of issue. If purchase order is not received within 9-days of this quote date Irwin Seating Company reserves the right to reissue the quotation with adjusted ricing. Thank you for this opportunity, if you have any questions or need additional assistance please contact Jennifer Miller or me. jennifermillerCc�the-)the Quotation submitted by: Rick Lowe Phone:281-255-4449 %RLC—The Lowe Group Fax:281-255-8548 22303 Tuwa Rd. Mobile:713-826-2117 Tomball,TX 77375 ricklowe0the-lowegroup.com Page 2 of 2 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of replacement seating for the Civic Center located at 701 Main Street from Irwin Seating Company, of Grand Rapids, Michigan, in the amount of$389,923.61 through the OMNIA Cooperative Purchasing Program. The meeting at which this resolution, was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of November, 2021. - Mayor Robin Mouton - i 3 November 9,2021 Consider approving a contract with Dowlen Road Veterinary Center for veterinary services BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: November 9, 2021 REQUESTED ACTION: Council consider a resolution approving a contract with Dowlen Road Veterinary Center for veterinary services. BACKGROUND The City of Beaumont operates an Animal Care facility at 1884 Pine Street. Included in the operations of the facility,the City contracts with a local veterinary clinic to provide routine veterinary services on a weekly basis and other services as requested. The Veterinarian will visit the Animal Care facility each week at a cost of four-hundred dollars ($400)per week. Services included in the weekly fee include but are not limited to the following: perform visual inspections, examinations and treatments of animals;provide guidance and advice to staff on treatment and care of sick animals; conduct facility inspections; advise and make recommendations in quarantines and regulations governing animal health; and provide other consulting services. Any additional services such as administering rabies vaccinations, spay or neuter surgeries and other emergency treatments as requested will be charged per the pricing provided in the response. The term of the contract is for one year. At the end of one year,the City may renew the contract for three additional one-year terms. A Request for Proposal (RFP)was solicited from sixteen(16) vendors with two responses received. City staff reviewed and evaluated the response using the criteria provided in the RFP. Evaluation criteria is attached. Dowlen Road Veterinary Center of Beaumont met the criteria as set forth in the REP to provide the veterinary services. Dowlen Road Veterinary Center of Beaumont is the current vendor. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. CRITERIA EVALUATION SCORING SHEET RFP Number: MF0921-47 RFP Name: Veterinary Services RFP Opening: October 14, 2021 Criteria Max Points Score Price 40 33.33 Experience in shelter medicine. 30 28.33 Previous contracts with a Governmental 20 20 Agency. Able to provide Usage Report. 10 10 Total Points 100 91.66 Vendor Name: Dowlen Road Veterinary Center Person providing score (printed): Christy Williams 1 Signature: Date: October 27, 2021 CRITERIA EVALUATION SCORING SHEET RFP Number: MF0921-47 RFP Name: Veterinary Services RFP Opening: October 14, 2021 Criteria Max Points Score Price 40 40 Experience in shelter medicine. 30 28.33 Previous contracts with a Governmental 20 5 Agency. Able to provide Usage Report. 10 2.66 Total Points 100 75.99 Vendor Name: Beaumont Pets Alive Person providing score (printed): Christy Williams Signature: Date: October 27, 2021 i BID PRICING;SHEET RFP FOR VETERINARY SERVICES RFP NO.MF0921-47 DESCRIPTION, PRICING 1. �R:9BIES VACCINATION-= Dog $ /ea. -iF �t OVic( Cat $ I •LQ d /ea. Ctv vov,C� 2 SPA Dog (all weights) $ � ofl /ea. Cat (all weights) $ I I a. 00 /ea. 3. 'NEUTER.-= Dog (all weights) $ i5o�• 00 /ea. Cat (all weights) $ p vJ %ea. V. KENNEL FEES i Small Dog (1 —20 pounds) $ 0�0 .c.,e /Night Medium Dog (21 —40 pounds) $ ao,.o a /Night Large Dog (41.—60 pounds) $ ao,�G Might Extra Large dog. .(61 pounds or.greater) $ ( ,C3 Might Cat (all weights) $ (74,c© Might 5 TRAP NEUTER RETURN FEES Spay Fenal Cat (all weights) $ CIO /ea. 'Neuter Feral Cat (all weights) $ To , o /ea. Euthanize and dispose of Feral Cat (all weights) $ 3 , �D /ea. 6 SERVICES TO BE PROVIDED WEEKLY -= Pricing to include services requested on pages 12 and 13,Section D,'itenis 1-9, $ ja UJ%Per Week to be performed on a weekly basis MUST INSERT PROPOSER'S COMPANY NAME: .IA1 uc V k t -1 — DL` AIA `R i -20- RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a contract, with three (3) one (1) year renewal options, with Dowlen Road Veterinary Center, of Beaumont, Texas, for veterinary services at the City of Beaumont Animal Care facility in the amount of$400.00 per week and any additional services in the amounts shown on Exhibit "A," attached hereto and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of November, 2021. - Mayor Robin Mouton - 1 BID PRICING.SHEET RFP FOR VETERINARY SERVICES RFP NO.MF092IA7 DESCRIPTIQN, r � PRICING I RABIES.VACCINATION r;; Dog $ J. , /ea. iF 04 (koVjdad Cat $ �� � /ea. l SPAY Dog (all weights) $ qfl /ea. .Cat (all weights) $ ���, 00 /ea. 3 NEUTER:== Dog (all weights) $ ado`?, a /ea. Cat (all weights) $ /ea. 4 IfENNEL FEES Small Dog (I —20 pounds) $ a6 c:a Might Medium Dog (21 —40 pounds) $ a or /,Night Large Dog (41 —60 pounds) $ OCO_+66 /Night "Extra Large dog (61 pounds or greater) $ eL6.O.el /Night Cat (all weights) $ o'er C' Might S .TRAP NEUTER RETURN FEES Spay Feral Cat (all weights) $ �a.a CO /ea. Neuter Feral Cat (all weights) $ To 6� /ea. Cuthanize and dispose of FeiaJ Cat (all weights) $ `3 . �� /ea. 6. SERVICES TD BE PROVIDED._f3'EEKLY Pricing to include services requested oil pages 12 and 13,Section D,items 1-9, $ /Per Week to be performed on a week) basis . Y MUST INSERT PROPOSEWS COMPANY NAME: s uc U ac It l iffAdnj -20- EXHIBIT "A" DISCUSSION ITEM * Review and discuss amending the Code of Ordinances related to various Health Department requirements and fees DISCUSSION ITEM * Review and discuss closed captioning equipment and services