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.
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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
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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
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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.
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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.
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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