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HomeMy WebLinkAbout11/08/2022 PACKETTEXAS MEETING Or THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, NOVEMBER 8, 2022 1:30 PM AGENDA CALL TO ORDER Invocation Pledge Roll Call Proclamations, Presentations and Recognitions Public Comment: Persons may speak on the Consent Agenda and Items I and 2 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 1, 2022 City Council Meeting Minutes B. Approve the purchase of two defibrillators with accessories for use in the Fire Department C. Authorize the City Manager to exec-Lite all related documents for the purchase of a 5' x 50' wide utility easement for the Washington Blvd Phase 2 Project D. Authorize the City Manager, or his designee, to execute all documents necessary, for a Memorandum of Understanding with the Federal Bureau of Investigation (FBI) Houston Safe Streets Task Force E. Authorize the settlement of the claim of Super Stop #19 F. Authorize the settlement of the claim of Erika Patino REGULAR AGENDA 1. Consider approving the purchase of in -car video equipment and software from Axon Enterprise, Inc. of Scottsdale, Arizona for use by the Police Department 2. Consider approving a resolution accepting a grant from the Mamie McFaddin Ward Heritage Foundation, managed by Hancock Whitney, for the restoration and enhancement of the Jefferson Theatre's Robert -Morton organ WORK SESSION COMMENTS Review and discuss an update from TxDOT regarding the 1-10 Interchange project in general with a specific focus on the proposed removal of the onranrp closest to Kenwood Drive Review and discuss the final report from Lockwood, Andrews & Newnam, Inc. (LAN) for the Sanitary Sewer Overflow Initiative Phase 2 Public Comment (Persons are limited to 3 minutes) Councilmembers/City Manager/City Attorney comment on various matters EXECUTVE SESSION Consider matters related to discuss and or deliberate economic development negotiations in accordance with Section 551.087 of the Government Code to wit; specifically: "Project Riverfiont" Consider hatters related to contemplated or pending litigation in accordance with Section 551.071 of the Goverin'ricnt Code: Miehael Daniels Jr. v. City of Beaumont ET AL; Cause No. A-0209843 Ccdeb Fenter v. City of Beaumont and Chris S. Boone; Cause No. B-210244 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. 0 TEXAS TO: City Council FROM: Keimeth R. Williams, City Manager PREPARED BY: Tina Broussard, City Clerk MEETING DATE: November 8, 2022 REQUESTED ACTION: Council consider approval of the November 1, 2022 City Council Meeting Minutes. Iji Ijjji r► ,�. ` 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 1 CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III NOVEMBER 1, 2022 Chris Durio, Mayor Pro Tem Tina Broussard, City Cleric Kenneth R. Williams, City Manager Sharae Reed, City Attorney 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 1, 2022, 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 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 Carlton Sharp with First Christian Center 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 Durio, Councilmembers Getz, Turner, Feldschau, Samuel (arrived at 1:38 p.m.) and Neild. Also, present were Kenneth Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions None Mayor Mouton read the announcement regarding Executive Session being held at the conclusion of Public and Councilmember Comments. Public Comment: Persons may speak on the Consent Agenda and Agenda Items 1-3 Sam Marchard 640 Kennedy Beaumont TX Spoke regarding Item E on the Consent Agenda; Ordinance related to the Beaumont Youth Advisory Council 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.) Minutes — November 1, 2022 A. Approval of the October 25, 2022, City Council Meeting Minutes B. Approve a resolution changing authorized representatives for Wells Fargo Safekeeping Account - Resolution 22-287 C. Approve a resolution adopting the Transit Asset Management Plan established by Zip - Resolution 22-288 D. Authorize the City Manager or his designee to execute an agreement with the DEA (Drug Enforcement Agency) - Resolution 22-289 E. Amend Section 2.02.300 of the Code of Ordinances related to the Beaumont Youth Advisory Council - Ordinance 22-068 F. Authorize the execution of a Pipeline License Agreement with Mobil Pipe Line Company for pipeline that will cross city utilities along Sulphur Drive, Spindletop Road, and Amoco Road - Resolution 22-290 G. Authorize the execution of a Utility Crossing Agreement with Mobil Pipe Line Company for pipeline that will cross city utilities along Boyt Road, Erie Street and West Port Arthur Road - Resolution 22-291 H. Authorize the granting of a 50' wide Pipeline Easement and a 20' Temporary Easement that will cross infrastructure at various locations - Resolution 22-292 Amend resolution 22-279 for the purchase of a crime scene laser mapping system from Collision & Crime Forensic Solutions for use by the Police Department - Resolution 22- 279-A J. Approve an annual maintenance from CDW-G of Vernon Hills, IL for Fortinet hardware for use in all city departments - Resolution 22-293 K. Authorize the settlement of the lawsuit styled Paula Chardin v. The City of Beaumont; Cause No. A-0209177 - Resolution 22-294 L. Authorize the settlement of the claim of Hykeem Janise - Resolution 22-295 Councilmember Getz moved to approve the Consent Agenda. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED AGENDA 1. Consider approving a contract for investment management services. Minutes — November 1, 2022 Today's market environment has interest rates rapidly on the rise, and we need to capture the most investment income we possibly can. We can do better than CD rates by purchasing securities. On August 31, 2022, the city had $145.9 million in investable funds. An investment management firm will dedicate time to monitoring the markets on behalf of the city, and to developing and executing investment strategies to safely optimize the returns on the portfolio. Valley View Consulting, LLC is an SEC registered investment advisory firm serving public entities in a variety of cash and investment management and consulting roles, Valley View provides completely independent advice and consultation and is not affiliated with any investment pool or provider. The firm was founded in 1998 and registered with the SEC in January 1999. We already utilize them to provide assistance in preparing our monthly investment reports. As part of the agreement, Valley View agrees to perform the following duties: a. Assist the City in developing cash flow projections b. Suggest appropriate investment strategies to achieve the cty's objectives C. Advise the City on market conditions, general information, and economic data d. Analyze risk/return relationships between various investment alternatives e. Attend periodic meetings as requested by the city f. Assist in the selection, purchase, and sale of investment securities. The city will make all decisions regarding purchase and sale of investments as defined by the City's Investment Policy. g. Advise on the investment of bond funds as to provide the best possible rate of return to the city in a manner which is consistent with the Investment Policy of the city and applicable federal rules and regulations. h. Assist the City in creating investment reports in compliance with State legislation and the City's Investment Policy. Funds will come from the Finance Department's FY 2023 Operating Budget. Administration recommends approval of a two-year contract with Valley View Consulting LLC for professional services to direct and coordinate all programs of investing as may be considered and authorized by the City, for a tiered annual fee of: points) points) Average Quarter End Book Value Annual Fee First $85 million M36% (3.6 basis points) Next $65 million (above $85 million up to $150 million) 0.030% (3 basis Next $100 million (above $150 million up to $250 million) 0.020% (2 basis points) Balances over $250 million 0.010% (1 basis Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AGREEMENT FOR INVESTMENT MANAGEMENT SERVICES WITH VALLEY VIEW CONSULTING, LLC., OF HUDDLESTON, VIRGINIA, AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AGREEMENT FOR INVESTMENT MANAGEMENT SERVICES WITH VALLEY VIEW CONSULTING, LLC,, OF HUDDLESTON, VIRGINIA, Councilmember Samuel seconded the motion. {Minutes -- November 1, 2022 AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 22-296 2. Consider approving the purchase of protective bunker gear for use in the Fire Department. Bunker gear is made of fire -retardant materials to provide protection from burns and exposure to hazardous chemicals during firefighting operations as well as protection from blood -borne pathogens. Fifty-seven sets of replacement bunker gear are being purchased at a total cost of $192,945. The pricing was obtained from Casco Industries, Inc. through the Buyboard contract. Buyboard is a cooperative purchasing association that complies with the State of Texas' procurement statutes. The Old gear will be disposed of as per City policy. Funds will come from the General Fund Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF FIFTY-SEVEN (57) SETS OF REPLACEMENT PROTECTIVE BUNKER GEAR FOR USE IN THE FIRE DEPARTMENT IN THE AMOUNT OF $192394.00 FROM CASCO INDUSTRIES, INC., OF LA PORTE, TEXAS, PURCHASED THROUGH THE BUYBOARD CONTRACT, AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE ALL RELATED DOCUMENTS RELATING TO THE PURCHASE OF PROTECTIVE BUNKER GEAR EQUIPMENT FROM CASCO INDUSTRIES, INC., OF LA PORTE, TEXAS. Mayor Pro Tern Durio seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 22-297 3. Consider approving the purchase and installation of two PAXPWM600 mixer assemblies for use at the Loeb water treatment plant. The groundwater storage tanks at the Loeb water treatment plant currently do not have mixers. The purpose of adding the mixers to the tanks is to provide improved and consistent water quality within the tanks, by preventing short-circuiting of flow through the tanks. Short- circuiting results in stagnant zones of water within the tanks, which can lead to loss of Minutes — November 1, 2022 i disinfectant residual in the drinking water. The mixers will also help with better control of water treatment processes. The purchase will be made from PAX Water Technologies Inc. of Chicago who is a sole source provider of the patented equipment. The total cost for the two mixers with installation is $121, 382.80. Funds will come from the Capital Reserve Fund. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF TWO (2) PAX PWM600 MIXER ASSEMBLIES FOR USE ATTHE LOEB WATER TREATMENT PLANT FROM PAX WATER TECHNOLOGIES INC., OF CHICAGO, ILLINOIS IN THE AMOUNT OF $121,382.80, AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE ALL RELATED DOCUMENTS RELATING TO THE PURCHASE OF TWO (2) PAX PWM600 MIXER ASSEMBLIES FROM PAX WATER TECHNOLOGIES, INC., OF CHICAGO, ILLINOIS. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 22-298 COMMENTS * Public Comments (Persons are limited to three minutes) None Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER NEILD - NONE COUNCILMEMBER SAMUEL - NONE COUNCILMEMBER FELDSCHAU - NONE COUNCILMEMBER TURNER - COMMENTED ON A VISION WORKSHOP THAT WAS HELD ON NOVEMBER 15, 2021, THERE WERE SEVERAL ITEMS THAT WERE DISCUSSED THAT HE WOULD LIKE COUNCIL TO MOVE FORWARD ON, ONE WAS BUILDING TRUST, STATED THAT THE CITY OF BEAUMONT HAS A NEW MARKETING DEPARTMENT, COUNCIL Minutes — November 1, 2022 WOULD LIKE TO START GETTING REPORTS AS TO HOW THEY ARE MARKETING BEAUMONT, THE SECOND WAS ECONOMIC DEVELOPMENT, THE COUNCIL DIDN'T SAY THEY WOULD MOVE FORWARD ON THIS BUT THEY WOULD LIKE TO GET EDUCATED ON AN ECONOMIC DEVELOPMENT CORPORATION TYPE A AND B, VERSUS HAVING AN ECONOMIC DEVELOPMENT CORPORATION INHOUSE, WOULD LIKE TO GET AN UPDATE, THE THIRD WAS MAJOR EVENTS, STATED THAT THE CITY DOES A LOT OF FESTIVALS, COUNCIL WOULD LIKE TO LOOK AT THE BUDGET FOR EACH EVENT TO MAKE SURE THEY ARE ALL BENEFICIAL TO THE CITY, STATED THAT IN 2016 COUNCILMEMBER SAMUELS BROUGHT THE YOUTH ADVISORY COUNCIL TO BEAUMONT WITH THE SUPPORT OF COUNCIL, THIS HAS BEEN SOMETHING VERY PIVOTAL FOR THE YOUNG PEOPLE IN THE CITY, STATED THAT COUNCILMEMBER SAMUEL HAS WORKED WITH HIM AS WELL AS OTHERS TO REVITALIZE THE YOUTH COUNCIL, WANTED TO THANK HIM PUBLICLY FOR BRINGING THIS PROGRAM TO BEAUMONT AND HELPING GET IT OFF THE, GROUND, ALSO STATED THAT THE MAYOR TRAVELED TO WASHINGTON D.C., AND HAS SECURED SOME BIG FUNDING THAT WILL BE COMING TO THE CITY OF BEAUMONT, THINKS IT'S 11VIPORTANT THAT WE ACKNOWLEDGE OUR COUNCIL WHEN THEY ARE DOING GREAT THINGS, SOME PEOPLE WANT TO KNOW WHY COUNCIL TRAVELS, THIS IS WHY, THERE WILL BE A PRESS RELEASE COMING SOON REGARDING THE SECURED FUNDING COUNCILMEMBER GETZ - STATED THAT OVER THE WEEKEND THERE WAS SOMETHING TERRIBLE THAT HAPPENED, THERE WAS A MAN THAT WAS PURPOSELY RUN OVER AND KILLED, THIS MAS WAS A FREQUENT VISITOR AT COUNCIL MEETINGS, THEY DIDN'T SEE EYE TO EYE, BUT NOBODY DESERVES TO HAVE THAT KIND OF FATE HAPPEN TO THEM NO MATTER WHAT THE DISAGREEMENT IS, NOBODY DESERVES TO BE LAYING IN THEIR BED AND BE ATTACKED BY A HAMMER, NOBODY DESERVES TO BE SITTING IN A MOVIE THEATRE AND HAVE SOMEONE COME UP AND SHOOT THEM IN THE HEAD BUT WE HAVE HAD THAT HAPPEN AS WELL, AS LONG AS WE HAVE BEEN A NATION WE HAVE HAD PEOPLE THAT ACT OUT, THERE'S ALWAYS GOING TO BE THOSE PEOPLE, THE MAJORITY OF OUR CITIZENS ARE GOOD CITIZENS AND WE HAVE TO FOCUS ON THE POSITIVE AND ENDURE THE TRAGEDIES AS THEY COME OUR WAY, EVEN THOUGH CHRISTOPHER MATTHEWS WAS NOT SOMEBODY THAT I ALWAYS AGREED WITH, I WILL MISS HIS PRESENCE HERE AT COUNCIL MAYOR PRO TEM DURIO - ASKED THAT EVERYONE PRAY FOR THE FAMILY OF CHRIS MATTHEWS, DEFINITELY GONE TOO EARLY, HE WAS A VERY SMART GUY WHO HAD A LOT OF GREAT IDEAS, HE LOVED HIS COMMUNITY AND THE CITY OF BEAUMONT, HE WILL BE SORELY MISSED Minutes — November 1, 2022 CITY MANAGER WILLIAMS - ANNOUNCED TWO THINGS THAT HAS CHANGED RECENTLY, ONE IS THAT THE LANDSCAPING AND GREENSPACE CREW IS NOW BEING DEDICATED AS A DEPARTMENT AND WILL BE UNDER THE LEADERSHIP OF MR. KENNETH RAGGETTE, HE WILL BE RESPONSIBLE FOR NOT ONLY LANDSCAPING AND MANICURING WORK BUT ALSO MOWING THE FREEWAYS AND RIGHTS -OF -WAY, THERE WILL BE MORE FOCUS ON THE BEAUTIFICATION OF BEAUMONT, SECOND LAUREN MONITZ HAS OFFICIALLY BEEN MADE A DEPARTMENT HEAD, HER DEPARTMENT WILL BE THE MEDIA PUBLIC RELATIONS DEPARTMENT AND WILL BE THE GO TO FOR INTERACTION WITH THE MEDIA FOR THE CITY OF BEAUMONT, THIS DEPARTMENT WILL ANSWER DIRECTLY TO THE CITY MANAGER'S OFFICE CITY ATTORNEY REED - NONE CITY CLERK BROUSSARD - GAVE CONDOLENCES TO THE FAMILY OF CHRISTOPHER MATTHEWS PUBLIC WORKS DIR. BARKOWIAK - NONE CFO SIMONEAUX - NONE PLANNING DIRECTOR BOONE - NONE MAYOR MOUTON - GAVE CONDOLENCES TO THE FAMILY OF CHRISTOPHER MATTHEWS, STATED THAT HE WAS A FREQUENT VISITOR AT THE COUNCIL MEETINGS AND HAD A STRONG OPINION AND A PASSION FOR THE CITY, IT'S SO SAD THAT SOMEONE WOULD TAKE THE LAW INTO THEIR OWN HANDS, IT'S SO UNFORTUNATE, ALSO THERE WAS A DRIVE BY SHOOTING OFF OF LAVACA ON FONVILLE, AGAIN INNOCENT PEOPLE WERE INVOLVED, TWO KIDS WERE SHOT, THIS COULD HAVE TURNED INTO SOMETHING FATAL, THANK GOD THE KIDS ARE ALRIGHT, STATED THAT WE ARE LIVING IN A TIME WHERE PEOPLE ARE ANGRY AND TAKING THE LAW INTO THEIR OWN HANDS, ASKED THAT EVERYONE PLEASE KEEP THE CITY IN THEIR PRAYERS, ALSO THE UNITED WAY DRIVE KICKED OFF ON YESTERDAY, THE DRIVE WILL RUN FROM OCTOBER 31, 2022 THROUGH DECEMBER 2, 2022,1F YOU HAVEN'T DONATED, YOU CAN DONATE THROUGH YOUR EMPLOYER OR WRITE A CHECK DIRECTLY TO UNITED WAY, IF YOU CAN PLEASE SUPPORT THEM, ALSO THE BEAUMONT FIRE DEPARTMENT KICKED OFF "FILL THE BOOT" YOU WILL SEE FIREMEN ON BUSY INTERSECTIONS WITH THEIR BOOTS FOR MUSCULAR DYSTROPHY, GAVE SOME BACKGROUND AS TO HOW THE FIRE DEPARTMENT STARTED "FILL THE BOOT" AND RAISING MONEY FOR MUSCULAR DYSTROPHY, COMMENTED ON THE FALL FEST THAT TOOK PLACE AT THE STERLING PRUITT CENTER, HARVEST FOR LOST SOULS AND ANTIOCH BAPTIST CHURCH, ALL WERE Minutes -- November 1, 2022 GREAT FESTIVALS WITH HUGE TURNOUTS, ASKED EVERYONE TO GO OUT AND SPREAD THE LOVE Open session of meeting recessed at 2:03 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: The Claim of Erika Patino The Claim of SuperStop #19 (Altaf Sadrudin) Robin Mouton, Mayor Tina Broussard, City Clerk Minutes — November 1, 2022 TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: November 8, 2022 REQUESTED ACTION: Council consider a resolution approving the purchase of two defibrillators with accessories for use in the Fire Department, BACKGROUND The defibrillators are used by the Fire Department as a complete acute cardiac care response system designed for basic and advanced life support, Pricing was obtained from Stryker Medical, of Chicago, Illinois in the amount of $92,910.72. Stryker is a sole source provider that manufactures services and provides the warranty on all defibrillators within the City. Quote attached. FUNDING SOURCE Capital Reserve Fund, RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of two (2) defibrillators with accessories for use in the Fire Department, from Stryker Medical, of Chicago, Illinois in the amount $92,910.72; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all related documents relating to the purchase of the above described equipment from Stryker Medical, of Chicago, Illinois in the amount $92,910.72. 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 8th day of November, 2022. - Mayor Robin Mouton - stryker City of Beaumont Fire and Rescue LP15 10.14.22 Quote Number: 10597517 Remit to: Stryker Medical P o. Box 93308 Version: 1 Chicago, IL 60673-3300 Prepared For: CITY OF BEAUMONT FIRE AND RESCUE Rep: Christopher Shannon Attn: Brian Hebert E►nall: chris.shannon@stryker.com brian.hebert@beaumonttexas,gov Phone Number: (337) 380.4850 (409) 880-3904 Mobile: (337) 380-4850 Quote Date: 10/26/2022 Expiration Date: 11/18/2022 Delivery Address End User - Shipping - Billing pill To Account Name: CITY OF BEAUMONT FIRE AND Name: CITY OF BEAUMONT FIRE AND Name: CITY OF BEAUMONT FIRE AND RESCUE RESCUE RESCUE ._Account 7k:..__ 1459646 ------•-------_--__--_-- -'Account #: � ____--__... _..---- ----_ __.---• --•- _-.__--- 11459646 -- W_.,_._ __ .._ _ ................... Account #: ._-.:.._�..._..:......_ 1459646 --•. _ .....�.:_ Address: 400 WALNUT ST Address: 400 WALNUT ST Address: 400 WALNUT ST BEAUMONT ------------- BEAUMONT BEAUMONT Texas 77701-2344 Texas 77701-2344 Texas 77701-2344 Equipment Products; # Product 'i Description l: Sell Vital Qy I Price I - ---- — 1.0 99577-001957 __ . _ LIFEPAK 15 V4 Monitor/Deflb - Manual & AED, rending, 2 $38,790.04 $77,580,08 Noninvasive Pacing, SpO2, SpCO, NIBP 12-Lead ECG, EtCO2, BT. Incl IV/C: 2 QC Electrodes at pr (11996-000091) & 1 Test Load (21330.001365) per device, 1 Svc Manual CD (26500-003612) per order 2,0 41577-000288 Ship Kit -QUIK COMBO Therapy Cable; 2 roils100mm 2 $0,00 $0.00 Paper; RC-4, Patient Cable, 4ft.; NIBP Hose, Coiled, NIBP Cuff, Reusable, adult, 12-Lead ECG Cable, 4-Wire Limb Leads, 5ft; 12-Lead ECG Cable, 6-Wire Precordial attachment --- - -- -_ _.... 3.0 11577-000004 _.._.. _. _.__... -.._ ......... ...... ..... . _........... Station Battery Charger - For the LP15 - _ 2 -__ .....-._ ._.._ .... _... $1,943.10 .. _......__..... $3,886,20 .-.4.0_.._ 21330-001176 LP.,...._ _._•_- _--------.__..._._..__._ __ _ ..:- --.._ ..:__-_..._.._...._ -- 15 Lithlum-lon Battery 5.7 amp hrs --._...-----..__. -- --.._. _.. 8 _..----------------... _--------,._.�----- $490.45 - $3,923.60 5.0 11171-000082 Masimo RC Patient Cable - EMS, 4 FT 2 $248.20 $496.40 610 11171-000049 Masimo Rainbow DCI Adult Reusable Sp02, SpCO, SpMet 2 $634.95 $1,269.90 Sensor, 3 FT. For use with RC Patient Cable, — _..._........ _.... -_. 7.0 11171-000050 __.. _---- ---- -----• —..__ - - Masimo Rainbow DCIP Pediatric Reusable Sp02, SpCO, _--•..._ _ ......... .......... 2 ...._. _ .._._._._ $698.70 ..__ $1,397.40 SpMet Sensor, 3 FT. For use with RC Patient Cable. .._21300-008159 ._...LIFEPAK 8.0 15 NIBP Straight..- ...-----..___..__._..___._.__._.__..__._.__..__....__--_.._ Hose, 6' 2 ._--...... .. ........• ....... $72.25 ___.. $144.50 910 11160.000011 NIBP Cuff -Reusable, Infant 2 $22.95 $45.90 10.0 11160-000013 NIBP Cuff -Reusable, Child 2 $26.35 $52.70 11.0 11160-000019 NIBP Cuff -Reusable, Adult X Large 2 $51.00 $102.00 _..------..... - 12.0 11160-000017 NIBP Cuff -Reusable, Large Adult 2 $36.55 $73.10 EXHIBIT "A" 1 Suvker Medical - Accounts Receivable - accoujftsrecelyible ,D strvkerconi - PO BOX 93308 - Chicago, I 60673-3300 City of Beaumont Fire and Rescue L0o15 10"14°22 Quote Number: 10597517 Kem|th`: Stryker Medical Ro.Box A83U8 Version; Chicago, IL 00073'3308 Prepared For. CITY 0FBGAUMONTFIRE AND RESCUE Rep: Christopher Shannon Attn: Brian Hobert Email: chr|s.vhannon8ystryke:com bdan.hehert@heaumonttmxau.Uov Phone Number: (387)300'4850 (409)880'3004 MohUe� (337)300'4050 Quote Date: 10/26/2022 Expiration Date: 11/18/2022 ��';i||_ UProducti;�������i�����U ��':+/�' �`'.������`i>)���������'�.���|����',����.u/``J|`��n��1!��mPrice.��,<�{r��zw_,�_��.'���.,���.'! 13.0 11577-000003 2 $334.05 $66810 shoulder strap (11x/ 1) Included at no addItIonal charge when case ordered with uLIFePAK15device ' 14.0 11220-000028 LIFEPAK15Carry case top pouch 2 $60.35 $120J0 ____________�_' ��� �zua�uO0038 ______�__�__ ____________________________________________________ UF�P�K���onycoyebackpouch J $85.85 $171.70 .-______----_--_-.-'---_-__-__--__-______---_'--_�--_----.-.--__--_'_----_-'------'-_-_-----__ 16.0 21996'000109 T|tanIII WIN Gateway 2 $1'023.93 *2'061.90 '-'-----------------'-----------'--------'----------'-----------------------'-------'------ Equipment Total: $91,984.18 Price Totals: Estimated Sales l8x(0,00A%): $0,00 R�IghVSh|ypinA: $02054 Grand lota|i $82.910.72 �-�-------------____-__ ' --_-- | Prices: In effect for 3O days Terms: Net 30 Days Contact your|ocu Sales Representative for more Information about our flexible payment options. TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Batt Bartkowlak, Director of Public Works & Technology Services MEETING DATE: November S, 2022 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute all related documents for the purchase of a 5' x 50' wide utility easement for the Washington Blvd Phase 2 Project. BACKGROUND The owner of the property listed below, has agreed to sell a portion of their property to the City of Beaumont for the Washington Blvd Phase 2 Project in the amount of $709.00: Description: 5' x 50' wide utility easement situated in the J.W. Bullock Survey, Abstract No. 7, being out of and part of Lot 3, Block 2 Carver Terrace Addition, in the City of Beaumont, Jefferson County, Texas Owners: Charles and Beverly Mouton Appraisal Value: $709,00 FUNDING SOURCE Beaumont Municipal Airport Oil & Gas Revenue, RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, an agreement has been negotiated for the acquisition of property described below and in Exhibits "A" and "B" attached hereto, for a 5' x 50' wide sidewalk easement for the Washington Blvd Phase 2 Project: Description: 5' x 50' wide sidewalk easement situated in the J.W. Bullock Survey, Abstract No. 7, being out of and part of Lot 3, Block 2 Carver Terrace Addition, in the City of Beaumont, Jefferson County, Texas Owner: Charles and Beverly Mouton Appraised Value: $709.00 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the purchase of the above described property be, and the same is, hereby approved; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all related documents relating to the purchase of the above described property. 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 8th day of November, 2022. Mayor Robin Mouton - THE STATE OF TEXAS COUNTY OF JEFFERSON AGREEMENT PROJECT: Washington Blvd Phase 2 Property ID 4: 19042 K*- 9/ This agreement between Charles and Beverly Mouton, of the County of Jefferson, State of Texas, hereinafter called GRANTORS, and the City of Beaumont, Texas, acting by and through its duly authorized Agent, hereinafter called GRANTEE, witnesseth: CITY OF BEAUMONT and the GRANTORS above recited have reached an agreement wherein the GRANTORS are to convey to the CITY OF BEAUMONT property described fully in a Special Warranty Deed to be executed by GRANTORS, to which reference is hereby made for complete description, said property being briefly described as follows: 250 square feet utility easement situated in the J. W. Bullock Survey, Abstract No. 7, being out of and part of Lot 3, Block 2 of Carver Terrace Addition, in the City of Beaumont, Jefferson County, Texas, The consideration and conditions of agreement are fully listed and stated. The CITY OF BEAUMONT will pay GRANTORS as follows: SEVEN HUNDRED NINE AND NO1100 DOLLARS ($709.00) All liens and taxes (either current or delinquent) will be deducted. It is further agreed that the terms of agreement herein stated are in consideration of the delivery to the CITY OF BEAUMONT of a valid conveyance of all rights, title and interest described in the Special Warranty Deed from GRANTOR to the CITY OF BEAUMONT. THIS AGREEMENT IS SUBJECT, HOWEVER, TO THE APPROVAL OF THE BEAUMONT CITY COUNCIL. ALL TERMS AND CONDITIONS OF AGREEMENT ARE FULLY STATED HEREIN AND NO VERBAL AGREEMENTS ARE AUTHORIZED. EXECUTED this Z 7 CITY OF BEAUMONT Antoinette Hardy Real Property Coordinator day of 6)&�o 19e V�- , 2022. GRANTORS Charles Mouton 61-j --- W-L111k—zW evert Mo 1101.1 IW14MIlQ�i/,�i Alt ^s u' s, 4 a p V.l 1--1 C� o E-i fZrl v1 O A L C%2� ds O gn �s Fc 11111, 1 q 01F I Flor •AM TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: November 8, 2022 REQUESTED ACTION: Council consider a resolution authorizing the City Manager, or his designee, to execute all documents necessary, for a Memorandum of Understanding with the Federal Bureau of Investigation (FBI) Houston Safe Streets Task Force. BACKGROUND The mission of the FBI Houston Safe Streets Task Force (HSSTF) is to identify and target for prosecution criminal enterprise groups, violent street gangs, and to intensely focus on the apprehension of dangerous fugitives where there is, or may be, a federal investigative interest, The Beaumont Police Department currently has one sworn officer assigned to the HSSTF, and this MOU is a renewal of the current agreement. Continued participation will enhance the effectiveness of federal, state, and local law enforcement resources in older to convict and incarcerate dangerous offenders. Pursuant to Congressional appropriations, the FBI receives authority to reimburse overtime costs incurred as a result of HSSTF related duties. FUNDING ,SOURCE Not applicable. RECOMMENDATION Approval of the resolution, RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager, or his designee, be and they are hereby authorized to execute all documents necessary to specifically form a Memorandum of Understanding (MOU) with the Federal Bureau of Investigation (FBI) Houston Safe Streets Task Force (HSSTF), for the purpose of identifying and targeting criminal enterprise groups, violent street gangs, and to intensify focus on the apprehension of dangerous fugitives where there is, or may be, a federal interest. The Beaumont Police Department currently has one (1) sworn officer assigned to the HSSTF, and this MOU is a renewal of the current Agreement. Pursuant to Congressional appropriations, the FBI receives authority to reimburse overtime cost incurred as a result of HSSTF related duties. The Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of November, 2022. - Mayor Robin Mouton FOR OFFICIAL USE ONLY 1 FEDERAL. BUREAU OF INVESTIGATION HOUSTON SAFE STREETS TASK FORCE MEMORANDUM OF UNDERSTANDING PARTIES This Memorandum of Understanding (MOU) is entered into by and between the Federal Bureau of•investigation (FBI) and the Beaumont Police Department, Nothing In this MOU should be construed as limiting or Impeding the basic spirit of cooperation which exists between these agencies, AUTHORITIES 2. Authority for the FBl to enter into this agreement can be found at Title 28, United States Code (U.S.C.), Section (§) 533; 42 U.S.C. § 3771; Title 28, Code of Federal Regulations (C.F.R.), § 0.85; and applicable United States Attorney General's Guidelines. PURPOSE 3. The purpose of this MOU is to delineate the responsibilities of Houston Safe Street Task Force (HSSTF) personnel formalize relationships between participating agencies for policy guidance, planning, training, public and media relations; and maximize inter- agency cooperation. This MOU is not intended, and should not be construed, to create any right or benefit, substantive or procedural, enforceable at law or otherwise by any third party against the parties, the United States, or the officers, employees, agents, or other associated personnel thereof.) MISSION 4. The mission of the Houston Safe Street Task Force (HSSTF) Is to identify and target for prosecution criminal enterprise groups responsible for drug trafficking, money laundering, alien smuggling, crimes of violence a such as murder and aggravated assault, robbery, and violent street gangs, as well as to Intensely focus on the apprehension of dangerous fugitives where there is or may be a federal investigative interest. The task force will enhance the effectiveness of federallstatellocal law enforcement resources through a well -coordinated initiative seeking the most effective investigativelprosecutive avenues by which to convict and incarcerate dangerous offenders. FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor Its contents may be released without authorization by FBI Headquarters. EXHIBIT "A" FOR OFFICIAL USE ONLY 2 SUPERVISION AND CONTRoI- A. Supervision 5. Overall management of the task force shall be the shared responsibility of the participating agency heads and/or their designees. 6. The Special Agent in Charge (SAC) of the Houston Division shall designate one Supervisory Special Agent (HSSTF Supervisor) to supervise the HSSTF. The HSSTF Supervisor may designate a Special Agent to serve as the Houston Safe Streets Task Force Coordinator (Task Force Coordinator). Either the HSSTF Supervisor or the Task Force Coordinator shall oversee day-to-day operational and investigative matters pertaining to the Houston Safe Streets Task Force. 7. Conduct undertaken outside the scope of an individual's HSSTF duties and assignments under this MOU shall not fall within the oversight responsibility of the HSSTF Supervisor or Task Force Coordinator. As stated In paragraph 74, below, neither the United States nor the FBI shall be responsible for such conduct. 8. HSSTF personnel will be subject to the laws, regulations, policies, and personnel rules applicable to their respective agencies. FBI employees will continue to adhere to the Bureau's ethical standards, including Department of Justice (DOJ)/FBI regulations relating to outside employment and prepublication review matters, and will remain subject. to the Supplemental Standards of Ethical conduct for employees of the DOJ. 9. HSSTF personnel will continue to report to their respective agency heads for non - investigative administrative matters not detailed in this MOU. 10. Continued assignment of personnel to the HSSTF will be based on performance and at the discretion of appropriate management. The FBI SAC and HSSTF Supervisor will also retain discretion to remove any individual from the HSSTF. B. Case Assignments 11. The FBI HSSTF Supervisor will be responsible for opening, monitoring, directing, and closing HSSTF investigations in accordance with existing FBI policy and the applicable United States Attorney General's Guidelines. 12. Assignments of cases to personnel will be based on, but not limited to, experience, training and performance, in addition to the discretion of the HSSTF Supervisor. 13. For FBI administrative purposes, HSSTF cases will be entered into the relevant FBI computer system. FOR OFFICIAL USE ONLY This document is the properly of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by I=BI Headquarters. FOR OFFICIAL USE ONLY 3 14. HSSTF personnel will have equal responsibility for each case assigned. HSSTF personnel will be responsible for complete investigation from predication to resolution, C. Resource Control 16. The head of each participating agency shall determine the resources to be dedicated by that agency to the HSSTF, including personnel, as well as the continued dedication of those resources. The participating agency head or designee shall be kept fully apprised of all investigative developments by his or her subordinates. OPERATIONS A. Investigative Exclusivity 16. It is agreed that matters designated to be handled by the HSSTF will not knowingly be subject to non-HSSTF law enforcement efforts by any of the participating agencies. It is Incumbent on each agency to make proper internal notification regarding the HSSTF's existence and areas of concern. 17. It is agreed that there is to be no unilateral action taken on the part of the FBI or any participating agency relating to HSSTF investigations or areas of concern, All law enforcement actions will be coordinated and cooperatively carried out. 18. HSSTF investigative leads outside of the geographic areas of responsibility for FBI Houston Division will be communicated to other FBI offices for appropriate investigation. B. Confidential Human Sources 19. The disclosure of FBI Informants, or Confidential Human Sources (CHSs), to non- HSSTF personnel will be limited to those situations where It Is essential to the effective performance of the HSSTF. These disclosures will be consistent with applicable FBI guidelines. 24. Non -FBI HSSTF personnel may not make any further disclosure of the identity of an FBI CHS, Including to other individuals assigned to the HSSTF. No documents which Identify, tend to Identify, or may indirectly Identify an FBI CHS may be released without prior FBI approval, 21, In those Instances where a participating agency provides a CHS, the FBI may, at the discretion of the SAC, become solely responsible for the CHS's continued development, operation, and compliance with necessary administrative procedures regarding operation and payment as set forth by the FBI. 22. The United States Attorney General's Guidelines and FBI policy and procedure for operating FBI CHSs shall apply to all FBI CHSs opened and operated In furtherance of FOR OFFICIAL USE ONLY '- This document is the property of the FBI and is loaned to your agency. Neither It nor Its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY 4 HSSTF investigations.. Documentation of, and any payments made to, FBI CHSs shall be In accordance with FBI policy and procedure. 23. Operation, documentation, and payment of any CHS opened and operated in furtherance of an HSSTF investigation must be in accordance with the United States Attorney General's Guidelines, regardless of whether the handling agency is an FBI HSSTF participating agency. Documentation of state, county, or local CHSs opened and operated in furtherance of HSSTF investigations shall be maintained at an agreed upon location. C. Reports and Records 24. All investigative reporting will be prepared in compliance with existing FBI policy. Subject to pertinent legal andlor policy restrictions, copies of pertinent documents created by HSSTF personnel will be made available for inclusion In the respective investigative agencies' files as appropriate. 25. HSSTF reports prepared in cases assigned to HSSTF personnel will be maintained at an FBI approved location; original documents will be maintained by the FBI. 26. Records and reports generated In HSSTF cases which are opened and assigned by the FBI SSA with designated oversight for investigative and personnel matters will be maintained in the FBI investigative file for OCTF. 27. HSSTF investigative records maintained at the Houston Field Office of the FBI will be available to all HSSTF personnel, as well as their supervisory and command staff subject to pertinent legal, administrative and/or policy restrictions. 28. All evidence and original tape recordings (audio and video) acquired by the FBI during the course of the HSSTF investigations will be maintained by the FBI. The FBI's rules and policies governing the submission, retrieval and chain of custody will be adhered to by HSSTF personnel. 29. All HSSTF investigative records will be maintained at an approved FBI location. Placement of all or part of said information into participating agency files rests with the discretion of supervisory personnel of the concerned agencies, subject to SSA approval. 30, Classified Information and/or documents containing information that identifies or tends to Identify an FBI CHS shall not be placed In the files of participating agencies unless appropriate FBI policy has been satisfied. 31. The Parties acknowledge that this MOU may provide HSSTF personnel with access to information about U.S, persons which is protected by the Privacy Act of 1974 and/or Executive Order 12333. The Parties expressly agree that all such information will be handled lawfully pursuant to the provisions thereof. The Parties further agree that if this FOR OFFICIAL USE ONLY This document is the property of the FBI and Is loaned to your agent . Neither It nor its contents may be released without authorization by 1 BI Headquarters. FOR OFFICIAL USE ONLY 5 access to Information by HSSTF personnel requires a change in privacy compliance documents, those changes will be accomplished prior to access being granted. INFORMATION SHARING 32. No information possessed by the FBI, to Include information derived from informal communications between HSSTF personnel and FBI employees not assigned to the HSSTF, may be disseminated by HSSTF personnel to non-HSSTF personnel without the approval of the HSSTF Supervisor and in accordance with the applicable laws and internal regulations, procedures or agreements between the FBI and the participating agencies that would permit the participating agencies to receive that Information directly. Likewise, HSSTF personnel will not provide any participating agency information to the FBI that is not otherwise available to it unless authorized by appropriate participating agency officials, 33. Each Party that discloses Pli is responsible for making reasonable efforts to ensure that the information disclosed is accurate, complete, timely, and relevant. 34. The FBI is providing access to information from its records with the understanding that in the event the recipient becomes aware of any inaccuracies In the data, the recipient will promptly notify the FBI so that corrective action can be taken. Similarly, if the FBI becomes aware that Information It has received pursuant to this MOU is inaccurate, it will notify the contributing Party so that corrective action can be taken. 35. Each Party is responsible for ensuring that information it discloses was not knowingly obtained or maintained in violation of any law or policy applicable to the disclosing Party, and that information is only made available to the receiving Party as may be permitted by laws, regulations, policies, or procedures applicable to the disclosing Party. 36. Each Party will Immediately report to the other Party each Instance In which data received from the other Party is used, disclosed, or accessed in an unauthorized manner (including any data losses or breaches). 37. The Parties agree that either or both may audit the handling and maintenance of data In electronic and paper recordkeeping systems to ensure that appropriate security and privacy protections are in place. PROSECUTIONS 38. HSSTF investigative procedures, whenever practicable, are to conform to the requirements which would allow for either federal or state prosecution. 39. A determination will be made on a case -by -case basis whether the prosecution of HSSTF cases will be at the state or federal level. This determination will be based on the FOR OFFICIAL. USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor Its contents may be released without authorization by FBl Headquarters. FOR OFFICIAL USE ONLY 6 evidence obtained and a consideration of which level of prosecution would be of the greatest benefit to the overall objectives of the HSSTF. 40. In the event that a state or local matter is developed that is outside the jurisdiction of the FBI or it is decided to prosecute a HSSTF case at the state or local level, the FBI agrees to provide all relevant Information to state and local authorities in accordance with all applicable legal limitations. A. investigative Methods/Evidence 41. For cases assigned to an FBI Special Agent or in which FBI CHSs are utilized, the parties agree to conform to federal standards concerning evidence collection, processing, storage, and electronic surveillance. However, in situations where the investigation will be prosecuted in the State Court where statutory or common law of the state is more restrictive than the comparable federal law, the investigative methods employed by FBI case agents shall conform to the requirements of such statutory or common law pending a decision as to venue for prosecution. 42. In all cases assigned to state, county, or local law enforcement participants, the parties agree to utilize federal standards pertaining to evidence handling and electronic surveillance activities as outlined in the Domestic Investigations and Operations Guide to the greatest extent possible. However, in situations where the statutory or common law of the state is more restrictive than the comparable federal law, the investigative methods employed by state and local law enforcement agencies shall conform to the requirements of such statutory or common law pending a decision as to venue for prosecution. 43. The use of other investigative methods (search warrants, interceptions of oral communications, etc.) and reporting procedures In connection therewith will be consistent with the policies and procedures of the FBI. B. Undercover Operations 44. All HSSTF undercover operations will be conducted and reviewed in accordance with FBI guidelines and the Attorney General's Guidelines on Federal Bureau of Investigation Undercover Operations. All participating agencies may be requested to enter into an additional agreement if an employee of the participating agency is assigned duties which require the officer to act in an undercover capacity. USE OF LESS -THAN -LETHAL -DEVICES' Pursuant to Section Vlll of the DOJ Less -Than -Lethal Devices Policy dated May 16, 2011, all state/local officers participating In joint task force operations must be made aware of and adhere to the policy and its limits on DOJ officers. FOR OFFICIAL USE ONLY This document Is the property of the FBI and is loaned to your agency Neither It nor its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY 7 45. The parent agency of each individual assigned to the HSSTF will ensure that while the individual is participating in FBI -led task force operations in the capacity of a task force officer, task force member, or task force participant, the Individual will carry only less - lethal devices that the parent agency has issued to the individual, and that the Individual has been trained in accordance with the agency's policies and procedures. 46, The parent agency of each individual assigned to the HSSTF will ensure that the agency's policies and procedures for use of any less -lethal device that will be carried by the task force officer, task force member, or task force participant are consistent with the DOJ policy statement on the Use of Less -Than -Lethal Devices, DEADLY FORCE AND SHOOTING INCIDENT POLICIES 47. HSSTF personnel will follow their own agencies' policies concerning firearms discharge and use of deadly force. DEPUTATIONS 48. Local and state law enforcement personnel designated to the HSSTF, subject to a limited background inquiry, may be sworn as federally deputized Special Deputy United States Marshals, with the FBI securing the required deputation authorization. These deputations should remain in effect throughout the tenure of each Investigator's assignment to the HSSTF or until the termination of the HSSTF, whichever comes first. 49. Deputized HSSTF personnel will be subject to the rules and regulations pertaining to such deputation. Administrative and personnel policies Imposed by the participating agencies will not be voided by deputation of their respective personnel. VEHICLES 60. In furtherance of this MOU, employees of the Beaumont Police Department may be permitted to drive FBI owned or leased vehicles for official HSSTF business and only in accordance with applicable FBI rules and regulations, including those outlined in the FBI Government Vehicle Policy Directive (0430D) and the Government Vehicle Policy Implementation Guide (0430PG), The assignment of an FBI owned or leased vehicle to the Beaumont Police Department HSSTF personnel will require the execution of a separate Vehicle Use Agreement. 51.. The participating agencies agree that FBI vehicles will not be used to transport passengers unrelated to HSSTF business. 52. The FBI and the United States will not be responsible for any tortious act or omission on the part of HSSTF and/or its employees or for any liability resulting from the use of an FBI owned or leased vehicle utilized by the Beaumont Police Department HSSTF personnel, FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your a enoyy. Neither it nor Its contents may be released without authorization by FBI Headquarters, FOR OFFICIAL USE ONLY 8 except where liability may fall under the provisions of the Federal Tort Claims Act (FTCA), as discussed in the Liability Section herein below. 53. The FBI and the United States shall not be responsible for any civil liability arising from the use of an FBI owned or leased vehicle by the Beaumont Police Department task force personnel while engaged In any conduct other than their official duties and assignments under this MOU. 64. To the extent permitted by applicable law, the Beaumont Police Department agrees to hold harmless the FBI and the United States, for any claim for property damage or personal Injury arising from any use of an FBI owned or leased vehicle by the Beaumont Police Department HSSTF personnel which Is outside the scope of their official duties and assignments under this MOU. SALARY/OVERTIME COMPENSATION 55. The FBI and Beaumont Police Department remain responsible for all personnel costs for their HSSTF representatives, including salaries, overtime payments and fringe benefits consistent with their respective agency, except as described in paragraph 56 below. 56. Subject to funding availability and legislative authorization, the FBI will reimburse to the Beaumont Police Department the cost of overtime worsted by non-federal HSSTF personnel assigned full-time to HSSTF, provided overtime expenses were incurred as a result of HSSTF -related duties, and subject to the provisions and limitations set forth in a separate Cost Reimbursement Agreement to be executed in conjunction with this MOU. A separate Cost Reimbursement Agreement must be executed between the FBI and Beaumont Police Department for full-time employee(s) assigned to HSSTF, consistent with regulations and policy, pflor to any reimbursement by the FBI, Otherwise, overtime shall be compensated in accordance with applicable the Beaumont Police Department overtime provisions and shall be subject to the prior approval of appropriate personnel. PROPERTY AND EQUIPMENT 67. Property utilized by the HSSTF in connection with authorized investigations and/or operations and In the custody and control and used at the direction of the HSSTF, will be maintained in accordance with the policies and procedures of the agency supplying the equipment. Property damaged or destroyed which was utilized by HSSTF in connection with authorized Investigations and/or operations and is in the custody and control and used at the direction of HSST, will be the financial responsibility of the agency supplying said property. FUNDING 58. This MOU Is not an obligation or commitment of funds, nor a basis for transfer of funds, but rather Is a basic statement of the understanding between the parties hereto of the FOR OFFICIAL USE ONLY This document Is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY . 9 tasks and methods for performing the tasks described herein. Unless otherwise agreed In writing, each party shall bear its own costs in relation to this MOU. Expenditures by each party will be subject to its budgetary processes and to the availability of funds and resources pursuant to applicable laws, regulations, and policies. The parties expressly acknowledge that the above language In no way Implies that Congress will appropriate funds for such expenditures. FORFEITURES 59. The FBI shall be responsible for processing assets seized for federal forfeiture in conjunction with HSSTF operations. 60. Asset forfeitures will be conducted in accordance with federal law, and the rules and regulations set forth by the FBI and DOJ. Forfeitures attributable to HSSTF investigations may be equitably shared with the agencies participating in the HSSTF. DISPUTE RESOLUTION 61. In cases of overlapping jurisdiction, the participating agencies agree to work in concert to achieve the HSSTF's objectives. 62. The participating agencies agree to attempt to resolve any disputes regarding jurisdiction, case assignments, workload, etc., at the field level first before referring the matter to supervisory personnel for resolution. MEDIA RELEASES 63. All media releases and statements will be mutually agreed upon and jointly handled according to FBI and participating agency guidelines. 64. Press releases will conform to DOJ Guidelines regarding press releases. No release will be issued without FBI final approval. SELECTION TO HSSTF AND SECURITY CLEARANCES 66. If a Beaumont Police Department candidate for the HSSTF will require a security clearance, he or she will be contacted by FBI security personnel to begin the background investigation process prior to the assigned start date. 66. If, for any reason, the FBI determines that an HSSTF candidate is not qualified or eligible to serve on the HSSTF, the participating agency will be so advised and a request will be made for another candidate. 67. Upon being selected, each candidate will receive a comprehensive briefing on FBI field office security policies and procedures. During the briefing, each candidate will execute FOR OFFICIAL USE ONLY This docurnent Is the property of the FBI and Is loaned to your agency. Neither It nor its contents may be released without authorization by FBI Headquarters. FOR OFFICIAL USE ONLY 10 non -disclosure agreements (SF-312 and FD-868), as may be necessary or required by the FBI. 68. Before receiving unescorted access to FBI space identified as an open storage facility, HSSTF personnel will be required to obtain and maintain a "Top Secret" security clearance. HSSTF personnel will not be allowed unescorted access to FBI space unless they have received a Top Secret security clearance. 69. Upon departure from the HSSTF, each individual whose assignment to the HSSTF is completed will be given a security debriefing and reminded of the provisions contained in the non -disclosure agreement to which he or she previously agreed. LIABILITY 70. The participating agencies acknowledge that this MOU does not alter the applicable law governing civil liability, if any, arising from the conduct of personnel assigned to the HSSTF. 71. The participating agency shall immediately notify the FBI of any civil, administrative, or criminal claim, complaint, discovery request, or other request for information of which the agency receives notice, concerning or arising from the conduct of personnel assigned to the HSSTF or otherwise relating to the HSSTF. The participating agency acknowledges that financial and civil liability, if any and in accordance with applicable law, for the acts and omissions of each employee detailed to the HSSTF remains vested with his or her employing agency. In the event that a civil claim or complaint is brought against a state or local officer assigned to the HSSTF, the officer may request legal representation and/or defense by DOJ, under the circumstances and pursuant to the statutes and regulations identified below. 72. For the limited purpose of defending against a civil claim arising from alleged negligent or wrongful conduct under common law under the FTCA, 28 U.S.C. § 1346(b), and §§ 2671- 2680; An Individual assigned to the HSSTF who is named as a defendant in a civil action as a result of or in connection with the performance of his or her official duties and assignments pursuant to this MOU may request to be certified by the Attorney General or his designee as having acted within the scope of federal employment at the time of the Incident giving rise to the suit. 28 U.S.C. § 2679(d)(2): Upon such certification, the individual will be considered an "employee" of the United States government for the limited purpose of defending the civil claim under the FTCA, and the claim will proceed against the United States as sole defendant. 28 U.S.C. § 2679(d)(2). Once an Individual Is certified, as an employee of the United States for purposes of the.FTCA, the United States Is substituted for the employee as the sole defendant with respect to any tort claims. Decisions regarding certification of employment under the FTCA are made on a case -by -case basis, and the FBI cannot guarantee such certification to any HSSTF personnel FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor Its contents may be released without authorization by I Headquarters. FOR OFFICIAL_ USE ONLY 11 73, For the limited purpose of defending against a civil claim arising from an alleged violation of the U.S. Constitution pursuant to 42 U.S.C. § 1983 or Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S, 388 (1971): An Individual assigned to the HSSTF who is named as a defendant in a civil action as a result of or In connection with the performance of his or her official duties and assignments pursuant to this MOU may request individual -capacity representation by DOJ to defend against the claims. 28 C,F.R. §§ 50.15, 60.16. Any such request for individual -capacity representation must be made in the form of a letter from the individual defendant to the U,S. Attorney General, The letter should be provided to Chief Division Counsel (CDC) for the FBI Houston Division, who will then coordinate the request with the FBI Office of the General Counsel. In the event of an adverse judgment against the individual, he or she may request indemnification from DOJ. 28 C.F.R. § 50.15(c)(4), Requests for DOJ representation and Indemnification are determined by DOJ on a case -by -case basis. The FBI cannot guarantee the United States will provide legal representation or Indemnification to any HSSTF personnel. 74, Liability for any conduct by HSSTF personnel undertaken outside of the scope of their assigned duties and responsibilities under this MOU shall not be the responsibility of the FBI or the United States and shall be the sole responsibility of the respective employee and/or agency involved. DURATION 75. The term of this MOU is for the duration of the HSSTF's operations, contingent upon approval of necessary funding, but may be terminated at any time upon written mutual consent of the agency involved. 76, Any participating agency may withdraw from the HSSTF at any time by written notification to the SSA with designated oversight for investigative and personnel matters or program manager of the HSSTF at least 30 days prior to withdrawal. 77. Upon termination of this MOU, all equipment provided to the HSSTF will be returned to the supplying agency/agencies. In addition, when an entity withdraws from the MOU, the entity will return equipment to the supplying agency/agencies, Similarly, remaining agencies will return to a withdrawing agency any unexpended equipment supplied by the. withdrawing agency during any HSSTF participation. MODIFICATIONS 78. This agreement may be modified at any time by written consent of all Involved agencies. 79. Modifications to this MOU shall have no force and effect unless such modifications are reduced to writing and signed by an authorized representative of .each participating agency. FOR OFFICIAL USE ONLY This document Is the property of the FBI and Is loaned to your agency. FBI Head Neither it nor Its contents may be released without authorization by quarters. FOR OFFICIAL USE ONLY 12 SIGNATORIES ,lam H. Smith III Special Agent in Charge Federal Bureau of Investigation Chief Beaumont Police Department to 13 210 71q Date Date FOR OFFICIAL USE ONLY This document Is the property of the FBI and Is loaned to your agency. Neither it nor its contents may he released without authorization by FBI Headquarters. USE OF BODY -WORN CAMERAS B3_WQ RYYEDE ALLY -Dui PUTIZED ``ASK FORCE OFFIC1GRS 7DU tING lr! BI TASI[( FORCE OPERATIONS 1. The patent agency of each individual Task Force Officer (TFO) assigined to the Houston Safe Streets Task Force will ensure while the individual is participating In FBI -led task force operations the individual will comply with the requirements of the Department of Justice Policy on Use of Body Worn Cameras issued in Oetober 2020 (hereinafter "DOS Policy") , 2.. The parent agency and the TFO will each acknowledge their review of the DOS Policy and FBI Standard. Operation Procedures (SOPs), The parent agency will provide signature authority and the TFOs will initial both documents. These copies wilt be placed in the Task Force Management Application (TFMA.) file as well as in the FBI Field Office Task Force administrative file, 3. The parent agency of each individual assigned to the (Safe §trects Task )Force) as well as each TFO assigned to the FBI -led task force will acknowledge the parent agency's policies and procedures foi use of BWC will be superseded by the DOJ Policy during 'FBI Task Force operations, Each agency will sigh an Acknowledgement forum and each TFO will initial the sainne form which will be placed in the Task Force Management Application (TFMA) file as well as in the FBI Field Office Task Force admini*ative file, 4. TFO authority to utilize BWCs during FBI Task Force operations will commence on the date all signatures and approvals are obtained and will remain in effect unless discontinued by mutual agreement of the parties. S. Pursuant to the DOS Policy, TFO BWC recordings, including such recordings residing in the state/local agency's BWC system or other copies retained by the agency and/or in the possession of any third party engaged by the agency to store or process BWC recordings, are deemed to be a federal record, subject to federal access to information laws, regulations, policies, and procedures, SIONATOM S: Date: Chief Beaunnont Police Department Date:. Special Agent in Change Houston Division Federal Bureau of Investigation UNCLASSTFIBDHFOR OFFICJAL USE ONLY FEDERAL'nuiWAIT OF EWE STIGATION STANDAIW OPI~;RATMG PROCEDURTS (SOPS) FOR TASK FORCE OFFICE' R BODY -WORN CAME, RA PROGRAM I.o (FT/Xi OUO) BODY WORN CAMI,R.A (BWC) nuCORDING RE QUIRE, MENTS I.I. (Ul/FOUO) In accordance with the DOJ Policy, § II, Task Force Officers (TFOs) assigned to the FBI will strictly adhere to the following BWC recording requirements; 1..2 (U//FOUO) Unless subject to a specific exception. below, TFOs employed by a law enforcement agency (hereinafter TFO Agency) that mandate the use of BWCs on an FBI Task Force may wear and activate their recording equipment for the purpose of recording their actions ONLY dieing; (1) A planned attolupt to serve an arrest warrant or other planned anfest; and/or (2) The execution of a search warrant at a residence, commercial building, office, or other physical location. 13 (U//F0U0) Under circumstances presetated in section 1.2 TFOs are authorized to activate their BWCs upon making entry into and/or approaching a premises and/or upon approaching a subject, and will make reasonable efforts to deactivate BWCs when the scene is secured as determined by the FBI On -Scene Conunaader (defined as FBI On -Scene Commander, SSA, .A.SAC, andlor other designee of the FBI On -Scene Commander), 1A (U/fFOUO) In the event circumstances arise requiring additional law enforcement assistance to secure a scene, the TFO will end BWC recording when relieved ftom the scene by another law enforcement officer or when directed by an FBI on-sceno commander, 1,5 (U//FOUO) 'To ensure BWC usage consistent with DOS Interim Policy and FBI SOPS, FBI Task Force SSA must document in writing TFO Agency and TFO review and acknowledgment of said policy and SOPs prior to BWC utilization, TFO Agency review and acknowledgement will be accomplished through the execution of an addendum to the existing Task Force Memorandum of Understanding (MO-0). Individual TFO acknowledgment will be accomplished once, through an initialed copy of said policy and SOPs being placed in the applicable Field Office Task Force administrative file and the FBI Task Force Management Application, I UNCLASSIFIED//FOR OFFICIAL USE ONLY UNCLASSIFIED//FOR OFFICIAI. USE ONLY 1.6 (U//FOUO) To ensure BWC usage consistent with DOJ Interim Policy and F$I SOPS, FBI SSA .rust, when, reasonably able, document whether TFO BWCs will be deployed in the applicable Operational Plan (Fb-888)< A decision to not deploy TFO BWCs pursuant to the exceptions and restrictions in Section 2.0, below, should, when possible, be explained in the Operational Plan. When circumstances reasonably allow, prior review and approval of the decision regarding TFO BWC usage, as contained in the Operational Plan, should be acquired from Field Office Executive Management, 1,7 (U//FOLIO) TFOs who are issuW BWCs and who intend on activating BWCs dming an FBI operation must be present for Operation Plan briefings and shall verbally advise all Task Force participants of the presence of and intent to activate BWC, 1.8 (U//FOLIO) When. feasible, TFOs shall verbally notify Task Force participants when. activating BWCs during an operation, and likewise will advise when BWCs are deactivated, 1.9 (U//FOUO) The responsibility to ensure a BWC is in working order lies with the respective TFO and TFO Agency providing said equipment during; FBI operations, 2.Q (U//I ouo) ri xc pnom I+'ROM TI<O I1WC RECORDINGS AUTHORIZATION 2.1. (WJFOLIO) In accordance with the DOJ Policy, § 11, TFOs assigned to the FBI will strictly adhere to the following exceptions and. restrictions on the wearing, use and activation of BWCs: 2.2 (U//FOLIO) TFOs are prohibited from wearing, using or activating BWCs within FBI work space. This includes Field Offices, Resident Agencies, off sites, and any other FBI operated facility, tvaining site, or FBI controlled area, 2.3 (U//FOLIO) During FBI Operations, TFOs may wear and activate their recording equipment in accordance with this policy where they are authorized under both TFOAgency internal policy and state, local, territorial and/or tribal law to act as a police or peace officer. TFOs may not wear and/or activate BWCs outside the confines of theTF Agency home state. 2.4 (U//FOUO) TFOs are prohibited from recording; (1) Undercoverpersomel; (2) Confidential informants or confidential sources; (3) On -scene witness interviews prior to or after an operation; UNCLASSIFIED//FOR OFFICIAL USE ONLY 'C]NCLASSWIED//FOR OFFICM USE ONLY (4)Personnel using specialized or sensitive investigative techniques or equipment; (5) Personnel conducting activities related to sensitive investigations, sensitive locations, or during any activities involving classified information; and/or (6) .Actions by any non -law enforcement persons at the scene who are assisting law enforcement personnel. 2.5 (U/IF'OUO) TFOs should not wear, use, or activate a BWC if the TFO is using specialized or sensitive investigative equipment or techniques, and/or while working in an undercover or covert status. TFOs shall not use their BWCs while engaged in any activities with Hostage Rescue Team or during FBI SWAT operations, The decision as to whether a particular investigative technique is deemed specialized or sensitive lies within the exclusive purview of the FBI and as such wilt be determined by an FBI On --Scene Commander, SSA, .A.S,A,C, or SAC/ADIC, 2.6 (U//FOLIO) Under no circumstances shall TFOs use their BWCs to record any activities related to national security or other investigations involving classified information. As a result, TFOs shall not wear, utilize or activate their BWCs while engaged iu opor ations by an FBI Joint Terrorism Task Force, or any Counterintelligence or Domestic Terrorism squads or Task Forces. 2.7 (U//FOUO) TFOs generally may not use their BWCs to record any activities related to sensitive investigations or locations. Sensitive investigations or locations include, but arc not limited to, investigations involving medical facilities and investigations involving or potentially encountering the sexual exploitation of children. The decision as to whether an FBI investigation, operation, or location is deemed highly specialized, sensitive, or classified lies within the exclusive purviow of the FBI and as such will 6e determined by an FBI On -Scene Commander, SSA, ASAC, and/or SACIADIC, 2,8 (U//FOUO) hr compliance with the DOJ Interim Policy, an FBI on -scene commander must consider operational needs, tactical necessities, the equities of the public,'the FBI, and all participating TFO Agencies, and may thus consider the presence of TFO BWCs when determining assignment and location of respective TKOs during an arrest and/or search warrant operation. 2.9 (U//FOUO) In the event of inconsistent or contradictory TFO Agency policies pertaining to the weaning, usc, and activation of BWCs, the D07 Policy and FBI Sops will control use of BWCs during all FBI operations. The decision of the FBI SAC/ADIC regarding the usage of BWCs during FBI operations is finial. UNCLASSIFIED/lFOR OFFICIAL USE ONLY UNCLASSIFIED//FOR OFFICIAL USE ONLY 2.10 (U//FOUO) An. FBI Field Office SAC/ADIC roust approve in advance and in writing any deviation fi•om these SOPS Relating to the utilization of BWCs. If the SAC/ADIC grants a deviation fi-orn the recording requirement under for a reason not anticipated by this policy, the nature of circurns#ance calling for the deviation from policy must be, articulated. 3.0 (U1/F0U0) DOCUMIE iTA,TION AND STORAGE' OE RWC RECORIJINOS 3,1(U//POUO) In accordance with the DOJ Policy, § 111, TFOs assigned to the FBI will strictly adhere to the following requirements for the storage of BWC footage; 3.2 (U//F0UO) The TFO activating a BWC during an FBI operation is responsible for providing a copy of the resulting TFO BWC recordings to the FBI within five (5) business days unless directed by the FBI Task Force Supervisory Special Agent, or other FBI Executive, Manager to do so sounor. 3.3 (U//.FOLIO) The TFO shall draft an FD-302 documenting the existence of the recording, reasons for recording; as reflected in the FBI BWC SOP, and attesting the data provided is a fair and accurate copy of the data recorded by the BWC, 3.4 (U//POUO) TFO BWC recording shall be placed onto external media (e.g., DVD, hard drive, etc.) or otherwise incorporated into an FBI system of record. 3.5 (U//FOUO) If placed upon external digital media, the digital media must be placed in a FD-340 (1A) envelope, attached to the PD-302 and submitted to the applicable FBI system of record, 3.6 (U//FOUO) TFO shall not submit the BWC footage to any other agency investigativo file. 3.7 (U/[FOVO) If at the conclusion of an FBI operation, TFO discovers the BWC malflinctioned,. the result of the malfunction must be documented via 1,D-302 in accordance with the requirements of section 3.2. Specifically, the TFO must document if the malfunction was device or user error and whether any recording was made. 4.0 (ff71i uo) FLDERAL RECOIMS, O'Virnl RSHW, DISS.E+ 1!'fMATION Alm + i EnoM OF liNi+ommTION ACT 4,1 (U//FOLIO) In accordance with the DOJ Policy, § IV, TFOs assigned to the FBI and TFO host agencies will strictly adhere to the following designation, safeguarding and dissemination of BWC footage: 4,2 (U//.F0U0) TFOs are federally deputized officers and when they perform duties on an FBI Task Force they are acting on behalf of the FBI and thus the records they create are federal records pursuant to the Federal Records Act, This includes UNCLASSIFIED//FOR OFFICIAL USE ONLY UNCLASSIFIBDI/FOR OFFICIAL USE ONLY recordings retained by the TF0 Agency and/or those in. the posso5siorr of any third party engaged by the TFO Agency to store or process BWC recordings. 4.3 (U//FOUO) TFO BWC recordings will be controlled by, and are the property of, the DOI and will be retained and managed by the FBI, These records cannot be disseminated without the written permission of the DOI, subject to the following exceptions: Internal Dissemiuntiona The TFO Agency is authorized to use TFO BWC recordings for internal investigations of its ,personnel consistent with TFO Agoncy policies and procedures, not involving dissemination outside the TFO Agency or public release, The TFO Agency shall provide written notification to the sponsoring federal agency prior to any internal review. +'xpedifed Public Release: If TFO BWC recording(s) depict conduct committed solely by a TFO resulting in serious bodily injury or death of another, the TFO Agency shall notify the FBI Special Agent in Charge (SAC) and the United States Attorney if it lutonds to publicly release the TFO BWC recording(s), Thu FBI and the United States Attorney will expeditiously review the recordings) and provide official concurrence with public release as soon as practical, unless there tire specific and compelling circumstances justifying an objection to public release that cannot be resolved by redaction or other means. Upon official concurrence, the TFO Agency may immediately release the recording(s) with ariy agreed -upon redactions, giving as much advance notice as ,possible to the FBI and United States Attorney as to the time and manner of its release. 4.4 (U//FOUO) Access to any recording produced through TFO utilization ofBWCs during FBI operations must be limited by the TFO Agency to only persoruiel in the direct wpeivisoiy chain of command of the TFO or other administrative personnel necessary to the retrieval of the BWC footage. 4.5 (U//FOUO) In all circumstances, TFO BWC recordings shall be, treated as law enforcement sensitive information, the premature disclosure of which could reasonably bo'expected to interfere with enforcement proceedings, and as potential evidence in a federal investigation subject to applicable -federal laws, rules, and policy concerning any disclosure or dissemination; and therefore deemed privileged absent appropriate redaction prlofto disclosure or dissemination, 4,6 (UJ/FOUO) Nothing in these procedures shall be dcemcd to provide a right of public access to UO BWC recordings, 4,7 (U//FOUO) TFO Agencies consent to FBI direct access to BWt, footage recorded during FBI operations, and FBI is expressly granted the ability to retrieve BWC footage acquired during FBI operations. UNCLASSIFIEDHFOR OFFICIAL USE ONLY UNCLASSIFIEW/FOR OFFICIAL USE ONLY 5,0 (UHI+ UO) TAsr(FORC, AGNNCY 1MQCf1I;I, WN 8 VOR NOTIFICATION AND WCUMN A' ION OF BWC S) JRVICII PROM121R. 5.1(LY/FOUO) Consistent with the DOJ Policy, § V, TF'O Agencies who wish for their TFOs assigned to an FBI Task Forco to activate BWCs during FBI operations will strictly adhere to the following reporting requirements relativo to BWCs: 5.2 (U//1{O-UO) Prior to any TFO utilization ofBWCs, the applicable TFO Agency nttist provide the FBI with written documentation describing the retention policy of the BWC recordings, owncr/owitractor which is providing BWC equipment, instruction, and data storage to the 'TFO Agency. Information required includes, but is not limited to, name of BWC network owner/contractor, maintenance contract, use contract, address, contact information and host server location(s). 5.3 (U//FOLIO) FBI must be provided with direct access to the storage facility and/or host server which houses, retains, or stores, TFO BWC data and footage upon request of the FBI, in order to evaluate network security vulnerabilities,- 6 UNCLASSIFIEIJ//FOR OFFICIAL USE ONLY FD-815 (Rev.6.8-00) Preeede«ce: GENERAL TIM, 21 AUTHORITY Date: 10/13/2022 TO,Special Agent in Charge (SAC) Expiratiolt: 10/01/2024 From SSRA Nicole Sinegax Case ID it: 28lD--}t0-C34954-BWf Title: FBI Deput at:ion Authority, OC/DRUG Matters TUATLE 21 DEPUTATION RE' QUEST It is requested that the below -listed law enforcement officor(s), who is participating its an. investigation in which the FBI is also participating, be approved for deputation, Deputation is requested pursuant to Title 21, United States Code. ' The law enforcement officer(s) listed below has been recommended for deputation by the FBI Casa Agent, upon recommendation of the appropriate representative of the participating agency or agencies, The OCDETF Assistant United States Attorney Task Force Coordinator and the FBI Regional OCDETI, Coordinator have been notified when an OCDETF investigation is involved. An FBI Supervisory Special Agent has been selected to supervise the, Title 21 aspects of the case to which the officer will be assigned. The law enforcement officer(s) listed below agrees to adhere to the policies and procedures of the FBI. Each listed officer is aware that failure to adhere to the policies and procedures of the FBI shall be grounds for dismissal $tom the Task Force and termination of the deputation. The recommending agency representative has also been apprised of the same policies and procedures, which are more specifically set out below, The law enforcement officer(s) to be deputized agrees to strictly adhere to the requirements of Rule 6(e)of the Federal Rules of Criminal Procedure relating to Grand Jury secrecy, Further, he/she agrees that any disclosure of Grand Jury material shall be made only a#1cr permission has been granted by a United States District Court upon notice or motion of a Task Force Attorney, The recommending agency representative certifies that the porsomel identified below axe not currently subject to any type of disciplinary action, nor are there any disciplinary actions or investigations pending that would adversely affect or compromise their participation hi the Task Force. Moreover, he/she certifies that the persormel are qualified under state or local agency policy to carry a firearm. The bolow-listed law enforcement officer(s) will be participating with the FBI in ail investigation of violations of Title 21, United States Code, The officer(s) has been advised that he/she is authorized to investigate, under FBI supervision, violations of Title 21 and those drug -related violations falling within the FBI's jurisdiction that also out of an investigation predicated on drug violations. The officers) has been advised that he/she does not possess general authority to act as an FBI Special Agent. State or local officers will continue to be subject to the established lines of supervision of their agency. Requesthig oftlees must complete the f:ollorving,, 031 indices checks fax each officox are negative; 1&w QNo (If no, response must be, accompanied by a sunimmy explanation.) Task Force Cmd Numbez(g), if any; 'FBI Case Nunrber(s); ANY TITLE 21 CASES Federal 7udloiat District- ' TE)' tp� Morutorirrg Witte Iff: 0�es EINo Thx participating state anal local off.eors arc listed below; Full Name DOB Social Security Nunxber State or Local Gove:rninent Data ICJ irearma Qualified Aarmi Lewallen , Local t?W912022 Additional names attaobed7 FDVas W]No Required Signatures (Ofttoial xecommends officer(s) for deputation) FBI Special Agout-N-Charge I'BI Case Superwlsory Special Agent StafclLocAlDepar trnent Offielal James Singletary C11eifr Title noel Departruent Zkj TEXAS TO: City Council FROM: Keiuleth R. Williams, City Manager PREPARED BY: Sharae N. Reed, City Attorney MEETING DATE: November 8, 2022 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Super Stop #19. BACKGROUND The claim of Super Stop #19 was presented and discussed in Executive Session held on November 1, 2022. The City Attorney is requesting authority to settle this suit in the amount of $11,318.98. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the claim of Super Stop #19 was discussed in Executive Session properly called and held on Tuesday, November 01, 2022; 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 Super Stop #19 for the sum of Eleven Thousand Three Hundred Eighteen and 981100 Dollars ($11,318.98); 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 8th day of November, 2022. - Mayor Robin Mouton - TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Sharae N. Reed, City Attorney MEETING DATE: November 8, 2022 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Super ,Stop # 19. BACKGROUND The claim of Super Stop 419 was presented and discussed in Executive Session held on November 1, 2022. The City Attorney is requesting authority to settle this suit in the amount of $11,318.98. FUNDING SOURCE General Liability Fund, RECOMMENDATION Approval of resolution. C� TEXAS TO: City Council FROM: Kenrieth R. Williams, City Manager PREPARED BY: Sharae N. Reed, City Attorney MEETING DATE: November 8, 2022 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Erika Patino, BACKGROUND The claim of Erika Patino was presented and discussed in Executive Session held on November 1, 2022, The City Attorney is requesting authority to settle this suit in the amount of $10,164.31. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the claim of Erika Patino was discussed in Executive Session properly called and held on Tuesday, November 01, 2022; 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 Erika Patino for the sum of Ten Thousand One Hundred Sixty -Four and 311100 Dollars ($10,164.31); 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 8th day of November, 2022, - Mayor Robin Mouton - r TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Sharae N. Reed, City Attorney MEETING DATE: November S, 2022 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Erika Patino. BACKGROUND The claim of Erika Patino was presented and discussed in Executive Session held on November 1, 2022. The City Attorney is requesting authority to settle this suit in the amount of $10,164.31. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. 1 November 8, 2022 Consider approving the purchase of in -car video equipment and software from Axon Enterprise, Inc. of Scottsdale, Arizona for use by the Police Department tl�'11111 All, TEXAS TO: City Council FROM: Kenneth Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: November 8, 2022 REQUESTED ACTION: Council consider a resolution approving the purchase of in -car video equipment and software from. Axon Enterprise, Inc. of Scottsdale, Arizona for use by the Police Department. BACKGROUND The Police department currently uses Motorola Watchguard Video in -car video system to capture and retain video and audio recordings of police incidents for both the patrol unit, motorcycles and body cameras. The current solution is no longer eligible for warranty by the vendor; therefore, it must be replaced. The new system will provide a more dependable, feature rich system with cloud storage. With the Axon system, there will also be license plate readers for an additional fifty cars. Multiple vendors including Watchguard and Axon were reviewed before purchase. Axon has been found to be the best option to fit our needs. The total cost of the Axon system will be $2,700,000 with payments divided over five years with an annual cost of $540,000 with software maintenance and support included in the purchase. 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 Capital Reserve and Confiscated Goods. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of in -car video equipment and software for use by the Police Department from Axon Enterprise, of Scottsdale, Arizona, a sole source provider, in the amount of $2,700,000.00 which will be divided over five (5) years with an annual cost of $540,000.00 with software maintenance and support included in the purchase. BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all related documents relating to the purchase of the above described equipment Axon Enterprise, of Scottsdale, Arizona, a sole source provider, in the amount of $2,700,000.00. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of November, 2022. - Mayor Robin Mouton - N November 8, 2022 Consider approving a resolution accepting a grant from the Mamie McFaddin Ward Heritage Foundation, managed by Hancock Whitney, for the restoration and enhancement of the Jefferson Theatre's Robert -Morton organ FROM: Kenneth R. Williams, City Manager PREPARED BY: Miles Haynes, Management Assistant MEETING DATE: November 8, 2022 REQUESTED ACTION: Council consider a resolution accepting a grant from the Mamie McFaddin Ward Heritage Foundation, managed by Hancock Whitney, in the amount of $150,000 for the restoration and enhancement of the Jefferson Theatre's Robert -Morton organ. BACKGROUND The City was recently approached about the opportunity to and enhance the Jefferson Theatre's Robert -Morton organ. A $150,000 grant has now been awarded to the City for the project from the Mamie McFaddin Ward Heritage Foundation in the amount of $150,000. The funds will be used to secure and install the parts and materials for the restoration and enhancement. While already a wonderful asset to the community this enhancement grant will allow the organ to be widely marketed as one of the very few of this type in the country, FUNDING SOURCE The Mamie McFaddin Ward Heritage Foundation, managed by Hancock Whitney RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager, or his designee, be and they are hereby authorized to execute all documents necessary to accept funding from the Mamie McFaddin Ward Heritage Foundation, managed by Hancock Whitney, in the amount of $150,000.00, and to execute an agreement to utilize these funds for restoration and enhancement of the Jefferson Theatre's Robert -Morton Organ. The Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes, and; BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all related documents relating to accepting funding in the amount of $150,000.00 and to execute the agreement to utilize funds for the restoration and enhancement of the Jefferson Theatre's Robert -Morton Organ. 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 8th day of November, 2022. - Mayor Robin Mouton - October 28, 2022 Mr. Miles Haynes City of Beaumont 801. Main Street Beaumont, TX 77701 RE. Mamie MaFaddin Ward heritage Foundation-A/0#1115006991(44-0014-C1.-7) Dear Miles: The Grant Review Committee has reviewed your grant application in which you requested funding and has determined that this is a worthwhile purpose. Therefore, I am pleased to inform you that a "Contingent Offer for a Grant" In the amount of $150,000.00 has been approved for your project titled Restoration of the Robert Morton Organ in the Jefferson Theatre. Funds awarded to your organization for this project are subject to the terms and conditions in this letter as listed below: 1. The funds shall be used exclusively for the purpose specified in your grant application and for no other purposes. Any funds not spent in accordance with the budget submitted in the proposal for the program/project must be returned to the Trustees of the Foundation. 2. If you desire to accept this "Contingent Offer of a Grant", your letter must he signed by the same authorized party who signed your Affidavit that was sent in with your organization's grant application. You will receive an email notification with instructions on how to access your acceptance letter on the Hancock Whitney Portal located on the Southeast Texas Nonprofit Development Center's website www.setxnonprofit.org. Please print, sign and upload a copy of this letter to the Hancock Whitney Portal located on the Southeast Texas Nonprofit Development Center's website, www.setxnonprofit.org within fourteen (14) days of the date of this letter. If you require an extension of time to comply with the contingencies stated herein, you must contact our office via email to the same address listed above prior to the expiration date of this offer. Your request will be considered with no guarantee that such request for an extension will be granted. 3. The funds will be released upon receipt of all of the current year's grant recipient's signed award letters. 4. The Trustees must be notified of the following changes: a. Any material change in the programlprojeot budget. b. Any material change in the status of the person responsible for the programlprojeot. c. Any material change in the tax-exempt status of your organization. d. Any material change In the initial purpose of the requested funds. (Example -van purchase for a program that goes out of existence within a year of a grant.) EXHIBIT "A" 5, A report Is required to be submitted upon completion of the program/project. At the latest, a report must be submitted by May 311t next year, If the program/project is not completed by May 31st next year, an interim report Is due at that time and additional reports must be submitted at least annually until thQ program/project Is complete. Future grant requests will not be considered unless the appropriate reports have been received. You will receive an email notification with instructions on how to submit your Final Report via the Hancock Whitney portal located on the Southeast Texas Nonprofit Development Center's website. www.setxnonnroflt,orc� if any of these requirements pose special problems for your organization, please call us to discuss. Hancock Whitney Bank Wealth Management uses an online grant management system to process all grant applications. Links to the online grant system can be found on the southeast Texas Nonprofit Development Center's wobsite, www,setxnonprofit.org under the Hancock iNhltney Portal tab. Please continue to look for Information and updates on the Nonprofit Center's website. Thank you for the contribution that your organization makes to this community. Our best wishes for your continued success. Sincerely, Jean Moncia, J.R. and C.U.A. Vice President & Trust Relationship Manager Trust & Asset Management RECEIVED AND ACCENTED THIS DAY OF SIGNED PRINTED NAME TITLF Ward Grant Application General Information General Information The Mamie McFaddin Ward Heritage Foundation was created by Mrs. Ward in 1976 with the primary purpose of restoring and supporting the Mamie McFaddin-Ward House which was built in 1905-6 in the Beaux-Arts Colonial style, The home, carriage house and gardens are open to the public, The McFaddin-Ward House Museum preserves and interprets the history of the home, the family and Southeast Texas. https://mcfaddin-ward.org In addition, the Foundation makes discretionary grants to local charities through an annual application process. Due consideration of grant applications is given by the Co -Trustees of the McFaddin Ward Foundation and the Committee named in the Declaration of Trust. Guidelines The following guidelines and comments are provided to assist applicants in the preparation of their grant requests and to provide some insight as to the manner in which grants are considered, 1. Grant requests should be submitted online to Hancock Whitney Wealth Management by August 31st to assure consideration along with all other applications received during the year. Submitted material will not be returned and becomes the property of the Foundation. 2, Applicants must have received tax exemption as a 501(c)(3) charitable organization prior to making application and must attach a copy of the IRS exemption letter to the grant online application. Grants may not be made to individuals, 3. A list of previous grants received by the Mamie McFaddin Ward Heritage Foundation is required as a part of this grant application. If no previous grants have been received from the Foundation, please respond "[done". 4. The Affidavit form that is found in the Documents section of the online application must be printed, signed, notarized and uploaded to the application, S. The primary purpose of the Mamie McFaddin Ward Heritage Foundation is to support the McFaddin-Ward House Museum, located in Beaumont, Texas. The Foundation may also make grants to nonprofit organizations in the local community typically within the following giving areas: (1) the arts and culture (2) community services, (3) education, (4) health, and (5) services for the needy and disadvantaged in the Jefferson County, Texas area. 6. There are no formal restrictions as to the types of requests being considered, whether programming, project or capital improvement in nature. There are never enough funds available to meet the many worthwhile requests submitted for consideration, In order to meet as many of these needs as possible within the community, and to encourage organizations to expand their permanent services without becoming dependent upon the Foundation, the Granting Committee and Trustee prefer to move their support among various charities from time to time, and not to become a continuous supporter of any organization. There is a general policy against the funding of positions, salaries or other continuing operational expenses that would subject the organization to becoming dependent upon continued foundation support. Funds will not be provided for student loans; grants/scholarships or fellowships for individual students; for endowment funds; for annual fundraisers; or for annual operating budgets. 7. These guidelines are general in nature, with the Co -trustees and Granting Committee presuming that they will make exceptions and changes in any and all of these areas, within their own discretion, as they may from time to time deem appropriate. 8. Organizations may occasionally be requested to present a personal report to the Co -trustees and Granting Committee on the use of prior grants or for presentation of a grant under consideration. This will be done on an "invitation only" basis. No organization will have the right to such an interview unless in response to a unilateral request made by the Co -trustees and Granting Committee. 9, The Co -trustees and Granting Committee may perform site visits to charitable organizations that have applied for a grant at its discretion. 10. All decisions relating to applications and grant awards are made by the Co -trustees and Granting Committee of the Mamie McFaddin Ward Heritage Trust and not by the individual members of the donor's family. 11. It is the Co -trustees and Granting Committee practice to notify all applicants of the decision concerning their requests. This usually occurs in November. All organizations who are awarded grant funds will be required to sign and return the letter agreement stating the terms of the grant award within 30 days of the notice. 12. A Final Report must be submitted upon completion of the program/project as described in the grant application or at least annually if the funds are not utilized in the time specified. Future grant requests will not be considered unless the appropriate reports have been received. A Final Report form is available online to all successful grant applicants. 13. General information and announcements regarding grant applications and the foundations managed by Hancock Whitney Wealth Management may be found on the website for the Southeast Texas Nonprofit Development Center. http://www.setxnonprofit,org Helpful Hints • Limit your use of bullets and other formatting. • Copy and paste as needed. • Log into your account at https://www.GrantRequest.com/SID_5740?SA=AM to access saved and submitted requests. • Add mail@grantapplication.com to your safe senders list to ensure you receive all system communications. Oroanization Information Organization Information Organization Legal Name City of Beaumont Mailing Address (if Different) Street Address 801 Main street City State Beaumont TX ZIP Code 77701 Phone 8327630440 Fax 4098803112 E-mail Address miles.haynes@beaumonttexas.gov Web Address https://beaumonttexas.gov/ Tax ID 746000278 Date Organization was Established 12/16/1838 Entity Type Governmental or Quasi -Governmental Agency Key Contacts Executive Director Prefix First Name Mr. Miles Last Name Haynes E-mail miles.haynes@beaumonttexas.gov Office Phone 8327630440 Grant Writer/Contact Person Yes Check here if same as Executive Director Prefix First Name Mr. Miles Last Name Haynes E-mail miles,haynes@beaumonttexas.gov Office Phone 8327630440 Request Information Request Information Amount of Request Date Needed 150000 10/31/2022 Total Project Budget 150000 Title of Request Restoration of the Robert Morton Organ in the Jefferson Theatre Brief Description Include Statement of Need We would like to restore and revive the Robert Morton Organ in the Jefferson Theater of Beaumont, Texas. Having the organ repaired and restored to quality standards, as set forth by the contractor. This will allow for the City of Beaumont to become competitive in the performing arts area in Texas and around the country. The City of Beaumont is currently investing over 30 million in the riverfront park which will generate more tourism. We are requesting 150,000 which will be a match to the contractor equipment in order to completely repair the organ. Person Responsible for Program/Project List Name and Qualifications City of Beaumont Number of People Served by This Request 253,136 ( Jefferson County ) Other Entities Being Asked for Funding Our goal is to request funding from other entities. Describe Plans to Evaluate the Program/Project The City of Beaumont will have staff review the maintenance while an organist operates the equipment. We will have contact with the American Theatre Organ Society to warrant their help in any way if needed. Program Area ARTS -PERFORMING ARTS Age of Population Served Adults (18-65) Organizational Histo History and Structure Mission Statement To restore and revive the Robert Morton Organ in the Jefferson Theater of Beaumont, Texas, through a joint partnership. To raise the awareness and visibility of this vital piece of history, and to see the organ and historic venue enjoyed by the community for years to come. Brief History of the Organization and its Achievements The Jefferson Theater of Beaumont, Texas, opened November 14, 1927. This structure, then owned by the Jefferson Amusement Company, was the foremost movie palace in Beaumont. Replete with every amenity imaginable, It was equipped with perhaps one of the most complex and intriguing inventions of all time; a pipe organ. However, this was no ordinary organ, rather it was built by Robert Morton Organ Company of Van Nuys, California, The theatre has hosted thousands of events over the years, but perhaps one of the most remembered is the Saturday Morning Organ Club held in the Jefferson, with Mr. A€ Sacker at the Organ. Only a handful of Robert Morton Organs are in their original home. Most have been destroyed, while some have removed from the theaters and put in private homes or in other venues. The exact number of Robert Morton Organs is unknown, but it is estimated that fewer than fifty Robert Morton Organs are in functioning order. The organ had many uses in its day, but the primary use was to accompany silent films, and. to "mimic" an orchestra in order to reduce the cost of leasing out an orchestra to play before and after films. The organ for the most part has been continually used over its 88 year history. Description of Existing Services Organ Movies Live Plays Concerts Objectives (next 3 to 5 years) • Show a silent movie during a film festival and use as it was intended. • Use the organ for preludes and postludes for events, including movies. • Use the organ during the annual "Brilliance" recitals. • Create a marketing plan to increase awareness of the Organ • Apply for more grant funding • Host more events to match the increase in tourism Geographical Area Served Select the primary area served Jefferson County, Texas Population Served General Population Organizations Offering Same or Similar Services None Major Grants/Gifts Sources (1-3 years) None Current Number of Local Staff and Volunteers 3 Trainings, Continuing Ed. or Seminars attended by local staff in the past year and who attended. Staff have Organization Officers President City of Beaumont Treasurer City of Beaumont Other Officers N/A Board Members Board Chair N/A Other Board Members N/A Attachments Attachments The following files are required to be uploaded prior to submission. Please do not submit a copy of your IRS Tax Form 990, as that information will be accessible utilizing your Tax ID number/Employer Identification Number (EIN), provided on your IRS Determination Letter. • To Upload a file, click the "Browse" or "choose File" button below. • Locate the document on your computer • Select the document and click OK • You will return to this screen • Click Upload, Project Budget Income and Expenses Document55.docx Project Timeline Document55_VER_I.docx IRS Determination Letter verifying tax-exempt status Document55_VER_ 2,docx Most Recent Audited Financial Statement Organizations applying for funding must submit a copy of their most recent fiscal year Audit (Audited Financial Statements) completed by an outside, independent Certified Public Accountant (CPA), If your organization has not had a financial audit, please submit a copy of; 1) a Review; or 2) a Compilation, completed by an outside, independent CPA. Document55 VER 3.docx Profit/Loss Statement Most recent Year -to -Date, detailed statements of income and expenses, i,e. Profit & Loss (P&L) Statement Document55_VER 4.docx Balance Sheet Most recent Balance Sheet Document55_VER,_ 5.docx Current Operating Budget Current year, Board approved, Operating Budget Document55_VER-6.docx Certification/Affidavit form Please go to the Southeast Texas Nonprofit Development Center's website for a copy of the Affidavit/Notarization Template. The Affidavit must be signed, notarized and attached. 20220906104249499 (2) . pdf Proposal To Upgrade the Jefferson Theatre Robert -Morton Or an To keep Jefferson Theatre's Robert -Morton Organ viable, it needs to be extremely impressive to all, and especially youth. It is a wonderful candidate for expansion: with an excellent acoustical space inside the Jefferson auditorium and a lot of room for additional pipes, and copious console bolster room for additional stop controls. The additions will be as follows. The MAIN chamber: 16'- 8' Tuba Profunda - 73 pipes; 8'- 2' Tibia Clausa - 85 pipes; 8' Clarinet -- 61 pipes; The SOLO Chamber: 8' Solo Vox Humana - 61 pipes; 8' English Posthorn - 61pipes; 8' Trumpet - 61 pipes; 8' Orchestral Oboe - 61 pipes; 8' Brass Saxophone - 61 pipes; 16' Horn Diapason -- 73 pipes; 8'- 4' Salicional - 73 pipes; 8'-- 4' Voix Celeste - 73 pipes; 16' Tibia Clausa - low 12 pipes; Marimba -Harp - 49 rosewood bars. Tom Helms has all the required wind chests for the Jefferson's organ expansion, plus a few of the additional ranks. The wind chests that hold the pipes are by far the most expensive part of any pipe organ. Tom has extended a request across the country for the other needed ranks. Hopefully he can locate them in a timely manner. He may need to have several of the hard to find ranks built. Two of the three largest 16' pipes, plus the Robert -Morton Marimba/Harp are in his workshop, ready to ga. Tom is also seeking advice for the original blower in the basement of the Jefferson which is too small already. A replacement blower or an additional blower may be required. The additional console stops and switches will be ordered new to match the original stops. Tom Helms indicated that he is willing to donate all of the above (estimated value $150,000.00). It will require an additional $150,000.00 (close estimate) for all of the transportation and installation costs. The original organ, although impressive is a "bare bones" model for accompanying silent films and vaudeville acts. It currently isn't an impressive solo "star of the show" or "show stopper". It can very easily become by far the best in Texas! In a conversation with Tom, he told me that if we do this expansion, it will result in a 100 % increase in color and potential power... jazzy brass, colorful Oboes, Clarinets, Saxophones, Violins, plus a Harp too. The newly found richness and balance of tone will be thrilling. For those wanting to hear the original instrument, it will of course, be right there. All the difficult aspects have already been accomplished. It will become an even more spectacular drawing card for the Jefferson and a great educational tool for the Beaumont area. The Jefferson will gain international attention from this upgrade to the instrument. No Text No Text No Text WORK SESSION Review and discuss an update from TxDOT regarding the I- 10 Interchange project in general with a specific focus on the proposed removal of the onramp closest to Kenwood Drive WORK SESSION Review and discuss the final report from Lock -wood, Andrews & Newnan, Inc. (LAN) for the Sanitary Sewer overflow Initiative Phase 2