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Home My WebLink About12/12/2023 PACKETREGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, DECEMBER 12, 2023 1:30 PM AGENDA CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATIONS PRESENTATIONS Communications Update – Lauren Monitz RECOGNITIONS PUBLIC COMMENT ON AGENDA/CONSENT Citizens may speak on the Consent Agenda/Regular Agenda Items 1-12. (or any other topic). 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. Council to consider approving the December 5, 2023, City Council meeting minutes. B. Council consider a resolution authorizing a contract with BCBS for Stop Loss Insurance. C. Council consider a resolution approving the purchase of ammunition for the City Police Department from Precision Delta Corporation of Ruleville, MS. D. Council consider the adoption of the amended resolution for Municipal Court collections. E. Council consider a resolution approving the purchase of Bottled Water and Sports Drinks for Emergency Services. F. Council consider a resolution authorizing the City Manager to sign and execute a multi-agency Interlocal Agreement with all participating subgrantees in the Southeast Texas Auto Theft Task Force. G. Council consider a resolution approving a contract for workers compensation excess insurance. REGULAR AGENDA 1. Council consider a resolution approving the purchase of an audio/video system from Ford Audio-Video Systems, LLC of Houston, TX for use in the Police Real Time Crime Center (RTCC). 2. Council consider a resolution authorizing the City Manager to execute Change Order No. 1 and authorize final payment to Vortex Companies, for the East Lucas Street Storm Sewer Survey and Inspection project. 3. Council consider a resolution authorizing the City Manager to execute Change Order No. 1 and authorize final payment to Vortex Companies, for the 102” Storm Sewer Outfall Survey and Inspection project. 4. Council consider a resolution authorizing the City Manager to execute Change Order No. 4, accept maintenance, and authorize final payment to To-Mex Construction, LLC, from Houston, for the Basin 38 and Surrounding Area Pipe Bursting Contract Project. 5. Council Consider a resolution approving a five year lease purchase agreement with KS State Bank of Manhattan, Kansas related to the purchase of a fire pumper truck. 6. Council consider a resolution approving the renewal of an annual maintenance agreement from CentralSquare of Lake Mary, FL for use by Police, Fire, and EMS. 7. Council consider a resolution authorizing the City Manager to execute Change Order No. 2 to the contract with To-Mex Construction, LLC, of Houston, for the Florida Avenue Emergency Sewer Repair. 8. Council consider a resolution adopting procurement policies in connection with receiving funding from the Texas Community Development Block Grant Disaster Recovery Program. 9. Council consider a resolution designating the City Manager as authorized signatories for contractual and financial documents to apply for and receive funding from the Texas Community Development Block Grant Disaster Recovery Program. 10. Council consider a resolution that grants authorization to the City Manager or their representative to engage in a three-year contract with Fusus Inc. based in Peachtree Corners, GA. Additionally, the resolution permits the City Manager or their representative to establish Memoranda of Understanding agreements with community members concerning shared camera access. 11. Council consider a resolution casting the City of Beaumont's votes (487) to Lauren Williams Mason for election to the Jefferson Central Appraisal District Board of Directors for the 2023-2024 term of office. 12. Council to consider an ordinance designating a geographic area within the city as a tax increment reinvestment zone; describing the boundaries of the zone; creating a board of directors for the zone and appointing members of the board; establishing a Tax Increment Fund (TIRZ Fund) for the zone; containing findings related to the creation of the zone; and providing for a date for the termination of the zone. COUNCIL COMMENTS EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: • Dodd v. City of Beaumont; Cause No. 23CCCV0556 • IN RE: Aqueous Film-Forming Foams Products Liability Litigation; MDL No. 2:18-mn-2873-RMG ADJOURNMENT Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at (409) 880-3777. A TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Tina Broussard, City Clerk MEETING DATE: December 12, 2023 REQUESTED ACTION: Council to consider approving the December 5, 2023, City Council meeting minutes. BACKGROUND None FUNDING SOURCE None RECOMMENDATION Approval of the minutes ATTACHMENTS Minutes - December 5, 2023 Minutes – December 5, 2023 MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert “A.J.” Turner, Mayor Pro Tem ROY WEST, MAYOR Randy Feldschau, At-Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III DECEMBER 5, 2023 Chris Durio, Ward IV Tina Broussard, City Clerk 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 December 5, 2023, 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/Regular Agenda items 1 & 11. (or any other topic). Items 2-10 have already been heard in a Public Hearing therefore, citizens can’t speak on those items. Mayor West called the council meeting to order at 1:30 p.m. Reverend James Pevehouse with St. Mark’s Episcopal Church gave the invocation. Mayor West led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor West, Mayor Pro Tem Turner, Councilmembers Durio, Getz, Feldschau, Samuel and Neild. Also, present were Kenneth R, Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation and Recognition None Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 1 & 11. (or any other topic). Items 2-10 have already been heard in a Public Hearing therefore, citizens can’t speak on those items. (Public comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) Mary Williams 9380 Riggs St. Beaumont TX James Callas 5375 Rosemary Dr. Beaumont TX Melissa Bradford 1700 11th St. Beaumont TX Minutes – December 5, 2023 Charlie Crabbe 928 East Dr. Beaumont TX 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. Council to Consider approving the November 21, 2023, City Council Meeting Minutes. B. Council to consider a resolution authorizing the City Manager to sign a Memorandum of Understanding (MOU) with the South East Texas Regional Planning Commission related to emergency notifications – Resolution 23-358 C. Council to consider a resolution authorizing the acceptance of a Boundary Line Agreement with the Beaumont Country Club – Resolution 23-359 D. Council to approve a resolution for the emergency purchase of four compactor wheels - Resolution 23-360 E. Council to consider a resolution for the approval of an agreement with OpenGov, Inc. in San Jose, CA, for the procurement of the OpenGov Budgeting and Planning software for $120,000 purchased from Vertosoft of Leesburg, VA – Resolution 23-361 F. Council to consider appointments to the Historic Landmark Commission – Resolution 23- 362 G. Council to consider appointments to the Parks and Recreation Advisory Committee – Resolution 23-363 H. Council to consider appointments to the Convention and Tourism Advisory Committee – Resolution 23-364 Councilmember Neild moved to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED REGULAR AGENDA 1. Council to consider a resolution approving a contract for the phase III renovation of the Municipal Court Building located at 700 Orleans. The city solicited bids for phase III renovation of the third floor of the Municipal Court building. The renovation will create a finished space for the Real Time Crime Center for use by the Police Department. This contract does not include the audio-visual portion of the Real Time Crime Center. This will be issued under a separate contract. One hundred Minutes – December 5, 2023 seventy-six (176) vendors were notified as well as advertising on the City web page and newspaper ads. Three (3) bids were submitted. Delk Construction Inc. of Port Arthur, Texas, who completed phases I & II, responded with the lowest qualified bid of $518,000 and 115 days to complete the project. Funds will come from 75% of the Port Security Grant, $388,500.00 and 25% will come from the Capital Reserve Fund $129,500.00. Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT FOR THE PHASE III RENOVATION OF THE MUNICIPAL COURT BUILDING LOCATED AT 700 ORLEANS STREET WITH DELK CONSTRUCTION INC., OF PORT ARTHUR, TEXAS IN THE AMOUNT OF $518,000.00. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU AND SAMUEL NAYS: NONE ABSTAIN: COUNCILMEMBER NEILD MOTION PASSED RESOLUTION 23-365 2. Council to consider a request for a Specific Use Permit to allow a scrap recycling collection center within the LI (Light Industrial) District for property located at 565 Orange Avenue. Husain Dadabhoy is requesting a Specific Use Permit to allow a scrap recycling collection center at 565 Orange Avenue. Operations of this facility will include the collection, purchase, and shipment of scrap metal and other recyclable materials from both the public and industrial sources. They will collect various recyclable materials such as scrap metal, plastics, paper, and electronics and offer fair market prices encouraging individuals and businesses to participate actively in recycling efforts. The site will consist of concrete pathways within the yard, construct a storage building, and include a small office space for administration. At a Joint Public Hearing held on November 20, 2023, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow a scrap recycling collection center within the LI (Light Industrial) District for property located at 565 Orange Avenue, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s backflow, pre-treatment and/or FOG program. 2. Construction plans shall comply with all applicable Building and Fire Codes. Minutes – December 5, 2023 3. Shall install an 8’ wood, masonry, or metal fence around the perimeter of the property if materials are stored outside of a building. 4. Storage of any kind shall not encroach onto any public right-of-way. 5. Shall adhere to all State statutes, local ordinances and required licensing for a metal recycling entity. Approval of the ordinance, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s backflow, pre-treatment and/or FOG program. 2. Construction plans shall comply with all applicable Building and Fire Codes. 3. Shall install an 8’ wood, masonry, or metal fence around the perimeter of the property if materials are stored outside of a building. 4. Storage of any kind shall not encroach onto any public right-of-way. 5. Shall adhere to all State statutes, local ordinances and required licensing for a metal recycling entity. Mayor Pro Tem Turner moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A SCRAP RECYCLING COLLECTION CENTER IN A LI (LIGHT INDUSTRIAL) DISTRICT FOR PROPERTY LOCATED AT 565 ORANGE AVENUE, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-092 3. Council to consider a request for a Specific Use Permit to allow a heavy equipment dealership and repair shop within the GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 3265 Eastex Freeway. Jennifer King requests approval of a Specific Use Permit to allow a John Deere equipment dealership and repair shop to be located at 3265 Eastex Freeway. The building existing at this location has been used as an automotive collision and body shop for some time. Planning and Zoning relies on Section 28.03.023 Permitted Uses of the City’s Code of Ordinances to determine where land use is permitted, conditionally permitted, or not permitted in certain zoning districts. The categorization of businesses derives from the Standard Industrial Classification Manual published by the Executive Office of the President Office of Management and Budget. Strict compliance of the ordinances requires a successful Specific Use Permit for a heavy equipment dealership to Minutes – December 5, 2023 operate within the GC-MD zoning district. The proposed use appears to be compatible with the proposed location in respect to existing surrounding land uses. At a Joint Public Hearing held on November 20, 2023, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow a heavy equipment dealership and repair shop within the GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 3265 Eastex Freeway, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s backflow, pre-treatment and/or FOG program. 2. Construction plans shall comply with all applicable Building and Fire Codes. 3. Equipment shall not encroach or be displayed within any easements or right-of-way. 4. Shall install a 6’ wide landscaping buffer along the Eastex Freeway and parking lot in accordance with Section 28.04.006 Landscaping and screening requirements. All parts of the landscaping must be installed on private property not to encroach TXDOT’s right-of-way. Approval of the ordinance, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s backflow, pre-treatment and/or FOG program. 2. Construction plans shall comply with all applicable Building and Fire Codes. 3. Equipment shall not encroach or be displayed within any easements or right-of-way. 4. Shall install a 6’ wide landscaping buffer along the Eastex Freeway and parking lot in accordance with Section 28.04.006 Landscaping and screening requirements. All parts of the landscaping must be installed on private property not to encroach TXDOT’s right-of-way. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A HEAVY EQUIPMENT DEALERSHIP AND REPAIR SHOP IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 3265 EASTEX FREEWAY, WITH THE CONDITIONS, BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tem Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Minutes – December 5, 2023 ORDINANCE 23-093 4. Council to consider a request for an Amended Specific Use Permit for a new classroom building within the RS (Residential Single-Family Dwelling) District for property located at 8200 Highway 105. Legacy Christian Academy requests approval of an Amended Specific Use Permit to allow a new classroom building to be constructed on the property located at 8200 Highway 105. The new classroom will be approximately 9,300 Sq Ft in size and is to be comprised of eight (8) classrooms, restrooms and a teach workroom area. This building will serve junior high students for normal classroom activities. At a Joint Public Hearing held on November 20, 2023, the Planning Commission recommended 6:0 to approve the request for an Amended Specific Use Permit for a new classroom building within the RS (Residential Single-Family Dwelling) District for property located at 8200 Highway 105, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s backflow, pre-treatment and/or FOG program. 2. Construction plans shall comply with all applicable Building and Fire Codes. Approval of the ordinance, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s backflow, pre-treatment and/or FOG program. 2. Construction plans shall comply with all applicable Building and Fire Codes. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT FOR A NEW CLASSROOM BUILDING IN AN RS (RESIDENTIAL SINGLE-FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 8200 HIGHWAY 105, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Neild seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-094 5. Council to consider a request for a Specific Use Permit and Rezone from RS (Residential Single-Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District to allow a floor covering store for property located at 505 25th Street. Minutes – December 5, 2023 Hillary Dishman of The Floor Shoppe is requesting a Rezone with a Specific Use Permit to allow a floor covering business at 505 25th Street. The business operations will include sale of interior design, furniture, flooring, bedding and more. The subject property is located at the western corner of 25th Street and Calder Avenue and is to be rezoned from R-S (Residential Single-Family Dwelling) to GC-MD-2 (General Commercial Multiple- Family Dwelling-2). Commercially zoned property exists in this area along the south side of Calder Avenue and the intersection of W. Lucas Drive and Calder Avenue, however, the numbered streets of 19th through 25th including Thomas and Circuit Roads are residentially zoned on both sides of the streets and should remain so. Any change to this pattern may allow for similar encroachments into residential areas along the other mentioned streets. In addition, it should be noted that the “15-minute city,” is an emerging trend for city planning. A 15-minute city is an urban planning concept in which most daily necessities and services such as work, shopping, education, healthcare, and leisure can be easily reached by a 15-minute walk, bike ride or public transit ride from any point in the city. While rezoning may be advocated for other parts of the city to accommodate this concept, this area is already established as such. Therefore, the request to Rezone 505 25th Street may encourage infiltration of commercial uses into an established single-family dwelling neighborhood when it may not be necessary. At a Joint Public Hearing held on November 20, 2023, the Planning Commission recommended 5:0:1 to deny the request for a Specific Use Permit and Rezone from RS (Residential Single-Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District to allow a floor covering store for property located at 505 25th Street. Should the Council choose to approve the request, suggested conditions related to the Specific Use Permit are as follows: 1. Construction plans must meet all requirements by Water Utilities for ware and sanitary sewer services, including any requirements of the city’s backflow, pre-treatment and or FOG program. 2. No permanent structures or appurtenances shall be placed within the easement, alleyway or right-of-way property. 3. Construction plans shall comply with all applicable Building and Fire Codes. 4. Construction plans shall be in compliance with Section 28.04.006 Landscaping and screening requirements. 5. All lightning installed must be directional and shielded from all residential properties to the north, northeast and east. 6. All business operations shall be in compliance with Section 28.04.007 Performance Standards. Denial of the ordinance. Minutes – December 5, 2023 Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A FLOOR COVERING STORE IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 505 25TH STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Feldschau seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-095 Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING- 2) DISTRICT FOR PROPERTY LOCATED AT 505 25TH STREET, WITH THE CONDITIONS, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Feldschau seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-096 6. Council to consider a request for a Specific Use Permit and Rezone from NC (Neighborhood Commercial) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District to allow a boarding house for property located at 3875 Laurel Street. The Hope Women’s Resource Clinic requests approval for a Rezone from NC (Neighborhood Commercial) to GC-MD-2 (General Commercial-Multiple Family Dwelling- 2) and a Specific Use Permit to allow a boarding house to be located at 3875 Laurel Street. The building will contain five (5) rooms and two (2) private bathrooms, one common area, and one utility room for all residents to share. The Hope House intends to offer temporary housing for women who are unemployed, dependent on a spouse or family member(s), or unable to financially support themselves and children. The facility will give women with children time to find long-term solutions to housing, food and income. At a Joint Public Hearing held on November 20, 2023, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit and Rezone from NC (Neighborhood Commercial) District to GC-MD-2 (General Commercial-Multiple Family Minutes – December 5, 2023 Dwelling-2) District to allow a boarding house for property located at 3875 Laurel Street, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s backflow, pre-treatment and/or FOG program. 2. No permanent structures or appurtenances shall be placed within the easement property. 3. Construction plans shall comply with all applicable Building, Engineering and Fire Codes. Approval of the ordinance, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s backflow, pre-treatment and/or FOG program. 2. No permanent structures or appurtenances shall be placed within the easement property. 3. Construction plans shall comply with all applicable Building, Engineering and Fire Codes. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICT, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED NC (NEIGHBORHOOD COMMERCIAL) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 3875 LAUREL STREET, WITH THE CONDITIONS, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-097 Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BOARDING HOUSE IN A GC-MD-2 (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 3875 LAUREL STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD Minutes – December 5, 2023 NAYS: NONE MOTION PASSED ORDINANCE 23-098 7. Council to consider a request for an Amended Specific Use Permit to expand a pregnancy resource clinic within the RM-H (Residential Multiple Family Dwelling-Highest Density) District for property located at 3740 Laurel Street. The Hope Women’s Resource Clinic requests approval for an Amended Specific Use Permit to add approximately 1,200 SQFT onto the north side of their main building located at 3740 Laurel Street. The operations of the clinic have outgrown the existing facility; therefore, expansion of the building will allow the clinic to offer more services to smaller groups at a time. The parenting center will accommodate classes and shopping for 4 days per week and open hours will extend from 10 a.m. to 2 p.m., Monday through Thursday. Additionally, this expansion will allow the current program to extend until a child’s third birthday, which has become a greater need in this economy. At a Joint Public Hearing held on November 20, 2023, the Planning Commission recommended 6:0 to approve the request for an Amended Specific Use Permit to expand a pregnancy resource clinic within the RM-H (Residential Multiple Family Dwelling- Highest Density) District for property located at 3740 Laurel Street, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s backflow, pre-treatment and/or FOG program. 2. Construction plans shall comply with all applicable Building and Fire Codes. Approval of the ordinance, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s backflow, pre-treatment and/or FOG program. 2. Construction plans shall comply with all applicable Building and Fire Codes. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO EXPAND A PREGNANCY RESOURCE CLINIC IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 3740 LAUREL STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tem Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE Minutes – December 5, 2023 MOTION PASSED ORDINANCE 23-099 8. Council to consider a request for a Rezoning from LI (Light Industrial) District to PD (Port Development) District for property located at 1200 Park Street. The Port of Beaumont requests the property located at 1200 Park Street to be rezoned from LI (Light Industrial) to PD (Port Development) District. They intend to develop the site to accommodate truck queuing, cargo storage and workforce development to increase efficiency of operations and adjust to the growing infrastructure needs associated with moving goods and services to and from the Port. This request aligns with the interlocal agreement between the Port of Beaumont and the City of Beaumont executed by Resolution No. 23-015 in January of 2023. At a Joint Public Hearing held on November 20, 2023, the Planning Commission recommended 5:0:1 to approve the request for a Rezoning from LI (Light Industrial) District to PD (Port Development) District for property located at 1200 Park Street. Approval of the ordinance. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED LI ( LIGHT INDUSTRIAL) DISTRICT TO PD (PORT DEVELOPMENT) DISTRICT FOR PROPERTY LOCATED AT 1200 PARK STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING FOR A PENALTY. Councilmember Feldscahu seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-100 9. Council to consider a request for a Rezoning from C-M (Commercial-Manufacturing) District to PD (Port Development) District for property located at 412 Emmett Avenue, 1353-1399 Park Street, and properties just north and east of 1353 Park Street. The Port of Beaumont requests a Rezone to a 2.76-acre portion of property located at 412 Emmett Avenue and properties adjacent to the north and east and 1353-1399 Park Street from CM (Commercial - Manufacturing) to PD (Port Development) District. They intend to develop the site to accommodate truck queuing, cargo storage and workforce development to increase efficiency of operations and adjust to the growing infrastructure needs associated with moving goods and services to and from the Port. This request aligns with the interlocal agreement between the Port of Beaumont and the City of Beaumont executed by Resolution No. 23-015 in January of 2023. Minutes – December 5, 2023 At a Joint Public Hearing held on November 20, 2023, the Planning Commission recommended 5:0:1 to approve the request for a Rezoning from C-M (Commercial- Manufacturing) District to PD (Port Development) District for property located at 412 Emmett Avenue, 1353-1399 Park Street, and properties just north and east of 1353 Park Street. Approval of the ordinance. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED C-M (COMMERCIAL-MANUFACTURING) DISTRICT TO PD (PORT DEVELOPMENT) DISTRICT FOR PROPERTY LOCATED AT 412 EMMETT AVENUE, 1353-1399 PARK STREET, AND PROPERTIES JUST NORTH AND EAST OF 1353 PARK STREET BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Neild seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-101 10. Council to consider a request for a Rezoning from RM-H (Residential Multiple Family Dwelling-Highest Density) District to (HI) Heavy Industrial) District or a more restrictive zoning district for property located at 2055 South Street. Jessie Bobb is requesting a Rezoning of the property from RM-H (Residential Multiple- Family Dwelling-Highest Density) District to HI (Heavy Industrial) District or a more restrictive zoning district to the property located at 2055 South Street. Mr. Bobb intends to use the site to park cars as an extension of his business located across the street, 2030 South Street. It should be noted, records show that business to have multiple violations over the past ten (10) years for junk motor vehicles and storage of cars within the public right-of-way. The HI zoning district in this area was established to reflect the industrial uses east of 4th Street and for a limited extent west of 4th Street. The zoning map, Exhibit A, clearly shows where the line of demarcation has held for decades, allowing the old uses, but protecting the adjacent neighborhood. Any change to this pattern could encourage further erosion of the neighborhood to the west. At a Joint Public Hearing held on November 20, 2023, the Planning Commission recommended 6:0 to deny the request for a Rezoning from RM-H (Residential Multiple Family Dwelling-Highest Density) District to (HI) Heavy Industrial) District or a more restrictive zoning district for property located at 2055 South Street. Denial of the ordinance. Minutes – December 5, 2023 Councilmember Neild moved to DENY AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 2055 SOUTH STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED PUBLIC HEARING Council to Conduct a Public Hearing on the Creation of a Reinvestment Zone Public Hearing Open: 2:25 p.m. None Public Hearing Close: 2:25 p.m. Council to conduct a Public Hearing and consider an ordinance to amend the Qualified Veterans Pass Program Public Hearing Open: 2:19 p.m. Mary Williams 9380 Riggs St. Beaumont TX Charlie Crabbe 928 East Dr. Beaumont TX Public Hearing Close: 2:24 p.m. REGULAR AGENDA 11. Council to conduct a Public Hearing and consider an ordinance to amend the Qualified Veterans Pass Program. On November 7, 2023, Zip, formerly known as Beaumont Municipal Transit System, requested authorization to establish the Qualified Veterans Pass Program for qualified veterans to receive waived fares to both fixed route and paratransit transportation services. The original proposal defined a qualified veteran as a person who served in any branch of the United States Armed Forces who has an eligible disability and/or received a Medal of Valor honor. Minutes – December 5, 2023 During discussion on this item, the City Council indicated an interest in expanding the program to waive transit fares for all veterans. If approved, Zip will partner with the Veterans Administration Office to confirm eligibility records. Each veteran who enrolls into the program will receive a Veterans Pass free of charge, in which they would show the driver prior to boarding the bus to receive a waived fare to transportation services. The transit system is funded through a combination of rider fares, monies from the General Fund as well as grants from the Texas Department of Transportation and the Federal Transit Administration. Approval of the ordinance. Councilmember Durio moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING THE QUALIFIED ZIP VETERANS PASS PROGRAM. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-102 WORK SESSION Work Session to discuss and obtain guidance for the prioritization of work related to the FY2024 CIP item for Sidewalk Repair. COUNCILMEMBER COMMENTS (Councilmember comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) COUNCILMEMBER TEM DURIO - COUNCILMEMBER GETZ - MAYOR PRO TEM TURNER - COUNCILMEMBER FELDSCHAU - COUNCILMEMBER SAMUEL - COUNCILMEMBER NEILD - CITY ATTORNEY REED – PW DIRECTOR BARTKOWIAK – ACM BOONE – ACM ELLIS - Minutes – December 5, 2023 CITY CLERK BROUSSARD - CITY MANAGER WILLIAMS - MAYOR WEST – With there being no Executive Session, the meeting adjourned at 3:15 p.m. Roy West, Mayor Tina Broussard, City Clerk B TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Catalina, Director of Human Resources MEETING DATE: December 12, 2023 REQUESTED ACTION: Council consider a resolution authorizing a contract with BCBS for Stop Loss Insurance. BACKGROUND The City’s health insurance plans are self-insured as opposed to fully-funded plans to reduce health related costs to the City. However, to protect the City from large health claims by any one individual, stop loss coverage is purchased to cover claims that exceed $275,000. At the end of each calendar year, the City’s benefits consultant (Holmes Murphy) gathers the claims history of that year and solicits quotes from the market and negotiates the most favorable terms for the City. This year, eight (8) carriers were contacted, and eight (8) quotes were received. BCBS responded with a quote of $1,941,532 plus a $130,000 fee offset for January 2024, for a net quote of $1,811,532. Other vendors responded with quotes ranging from $1,794,805 to $2,253,453. BCBS currently holds the contract. There are efficiencies gained by the City having our medical carrier also provide our stop loss coverage, namely that any large claims are instantly reimbursed, and we avoid an increase in our administration fee by taking the stop loss out. FUNDING SOURCE Employee Benefits Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Catalina, Human Resources Director MEETING DATE: December 12, 2023 REQUESTED ACTION: Council consider a resolution authorizing a contract with BCBS for Stop Loss Insurance. BACKGROUND The City’s health insurance plans are self-insured as opposed to fully-funded plans to reduce health related costs to the City. However, to protect the City from large health claims by any one individual, stop loss coverage is purchased to cover claims that exceed $275,000. At the end of each calendar year, the City’s benefits consultant (Holmes Murphy) gathers the claims history of that year and solicits quotes from the market and negotiates the most favorable terms for the City. This year, eight (8) carriers were contacted, and eight (8) quotes were received. BCBS responded with a quote of $1,941,532 plus a $130,000 fee offset for January 2024, for a net quote of $1,811,532. Other vendors responded with quotes ranging from $1,794,805 to $2,253,453. BCBS currently holds the contract. There are efficiencies gained by the City having our medical carrier also provide our stop loss coverage, namely that any large claims are instantly reimbursed, and we avoid an increase in our administration fee by taking the stop loss out. FUNDING SOURCE Employee Benefits Fund. RECOMMENDATION Approval of the resolution. Underwriter Annual Premium Addditional Cost/Savings Total Annual Spend BCBS $1,941,532 -$130,000 $1,811,532 Optum $1,794,805 $16,788 $1,811,593 Voya $1,819,316 $16,788 $1,836,104 Crum & Forster $1,855,074 $16,788 $1,871,862 Berkley $2,003,816 $16,788 $2,020,604 Stop Loss Partners $2,041,085 $16,788 $2,057,873 Berkshire Hathaway $2,171,192 $16,788 $2,187,980 Anthem $2,253,453 $16,788 $2,270,241 Notes BCBS is including a $130k admin fee credit to retain the contract BCBS charges a $1 PEPM fee to carve out stop loss BCBS charges a $1 PEPM fee to carve out stop loss BCBS charges a $1 PEPM fee to carve out stop loss BCBS charges a $1 PEPM fee to carve out stop loss BCBS charges a $1 PEPM fee to carve out stop loss BCBS charges a $1 PEPM fee to carve out stop loss BCBS charges a $1 PEPM fee to carve out stop loss C TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: December 12, 2023 REQUESTED ACTION: Council consider a resolution approving the purchase of ammunition for the City Police Department from Precision Delta Corporation of Ruleville, MS. BACKGROUND Police ammunition is a budgeted item and will be purchased from Precision Delta Corporation of Ruleville, Mississippi utilizing the BuyBoard Co-Op, which complies with State of Texas procurement statues. The attached quote in the amount of $83,496.15 is for seven different types of ammunition for use by the City Police Department. FUNDING SOURCE General Fund RECOMMENDATION Approval of the resolution ATTACHMENTS 12-12-2023 - Agenda Item - Quote from Precision Delta RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council be and are hereby authorized to approve the purchase of seven (7) different types of ammunition for the Beaumont Police Department from Precision Delta Corporation of Ruleville, Mississippi in the amount of $83,496.15 through the BuyBoard Co-Op. 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 12th day of December, 2023. _______________________________ - Mayor Roy West - QUOTE Date 11/27/2023 Quote # 203102 Name / Address CITY OF BEAUMONT invoices@beaumonttexas.gov P.O. BOX 3827 BEAUMONT, TX 77704 Ship To Beaumont POLICE TRG Facility Matt Morrow 409-782-0960 Schedule **Lift Gate on LTL Shipments** 4900 LAFIN RD BEAUMONT, TX 77705 PRECISION DELTA CORPORATION Rep LZ Phone # 662-756-2810 Fax # 662-756-2590 Total 205 W Floyce St PO Box 128 Ruleville, MS 38771 Item ManufactureDescription Qty Rate Total Q4238 - DS 40 S&W 180 gr. FMJ 500 rd/case Drop Ship from Winchester Winchester 60 153.12 9,187.20 RA40T - DS 40 S&W 180 gr. JHP 'T' Series 500 rd/case Drop Ship from Winchester Winchester 10 199.76 1,997.60 USA9MM1 - DS 9 MM 147 gr. Truncated FMJ 500 rd/case Drop Ship from Winchester Winchester 290 147.98 42,914.20 RA9SF1 - DS 9MM 90gr. Sinter-Fire Frangilbe 500 rd/case Drop Shipped from Winchester Winchester 6 238.98 1,433.88 RA9T - DS 9 MM 147 gr. JHP Ranger 'T' Series 500 rd/cs Drop Ship from Winchester Winchester 30 175.11 5,253.30 Q3131K-Q3131K DS 5.56mm 55 grain FMJ 1000 rds/case Drop Ship from Winchester Winchester 43 448.91 19,303.13 RA223SF-Y-DS 223 Rem 55gr. Sinterfire Frangible 1000 Rds / Case Drop Shipped From Winchester Winchester 4 851.71 3,406.84 Pricing per 2023 TX Buy Board 698-23 Contract Expires March 31, 2024 $83,496.15 D TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Sharae Reed, City Attorney MEETING DATE: December 12, 2023 REQUESTED ACTION: Council consider the adoption of the amended resolution for Municipal Court collections. BACKGROUND On November 21, 2023, Council authorized the City Manager to enter an agreement with Linebarger, Goggan, Blair, & Sampson of Austin, Texas in Resolution No. 23-354. The approved resolution lacked the required findings as required by Texas Government Code Section 2254.1036. This amendment is required for compliance. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolutions ATTACHMENTS November 21, 2023, Council Memo Resolution No. 23-354 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, Council authorized a contract for Municipal Court collection services on November 21, 2023, in Resolution No. 23-354; and, WHEREAS, it is needed to amend Resolution No. 23-354 to reflect the following findings; and, WHEREAS, the City of Beaumont desires to engage a law firm to perform legal services for the collection of unpaid fines, fees, court costs, forfeited bonds, and restitution ordered paid by the Municipal Court; and, WHEREAS, the City of Beaumont finds that: (1) There is a substantial need for the legal services to be provided for the collection of unpaid fines, fees, court costs, forfeited bonds, and restitution; (2) These legal services cannot be adequately performed by the attorneys and supporting personnel of the City of Beaumont at a reasonable cost; (3) These legal services cannot reasonably be obtained from attorneys in private practice under a contract providing only for the payment of hourly fees, without regard to the outcome of the matter, because of the nature of the collection authorized by TX Code of Criminal Procedure Art. 103.0031 and because the City of Beaumont does not have the funds to pay the estimated amounts required under a contract only for the payment of hourly fees; and, WHEREAS, after having sought legal services on the basis of demonstrated competence and qualifications at a fair and reasonable price the City of Beaumont has identified the law firm of Linebarger, Goggan, Blair & Sampson, LLP to provide the necessary services; and, WHEREAS, Linebarger, Goggan, Blair & Sampson, LLP has provided these specialized legal services to the City of Beaumont in the past; and, WHEREAS, it is in the best interest of the City of Beaumont to enter into a Contingency Fee Contract with the law firm of Linebarger, Goggan, Blair & Sampson, LLP to perform the legal services required to comply with the terms of this contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council of the City of Beaumont hereby approves the selection of the law firm of Linebarger, Goggan, Blair & Sampson, LLP on a contingency fee basis for the collection of unpaid fines, fees, court costs, forfeited bonds, and restitution ordered paid by the Municipal Court; and, BE IT FURTHER RESOLVED THAT the City Manager, or his designee, be and they are hereby authorized to execute a one (1) year contract, with an option to renew upon mutual consent for two (2) additional one (1) year periods, for collection services of delinquent Municipal Court fines and fees. The Contract 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 12th day of December, 2023. ______________________________ - Mayor Roy West - E TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: December 12, 2023 REQUESTED ACTION: Council consider a resolution approving the purchase of Bottled Water and Sports Drinks for Emergency Services. BACKGROUND The City has in place emergency contracts to assist in the event of a natural disaster or emergency. This contract is for bottled water and sports drinks to use, as needed, for those such emergencies. We have estimated the usage of these items, in an extreme event of 14 days and the estimated cost is $141,038.80. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the Resolution. ATTACHMENTS Bid Tabulation RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council be and are hereby authorized to approve the purchase of bottled water and sports drinks for Emergency Services in the amount of $141,038.80. 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 12th day of December, 2023. _______________________________ - Mayor Roy West - 1 Event Number MF0923-54 Organization City of Beaumont, Texas eBids Event Title EMERGENCY SERVICES – PURCHASE OF BOTTLED WATER AND SPORTS DRINKS (RE-BID 3) Workgroup Purchasing Event Description The City of Beaumont requests bids for a contract to provide bottled water and sports drinks in the event of a natural disaster or emergency. Event Owner Christy Williams Event Type Bid Email christy.williams@beaumonttexas.gov Issue Date 9/28/2023 11:16:17 AM (CT) Phone (409) 880-3758 Close Date 10/12/2023 02:00:00 PM (CT) Fax (409) 880-3747 Supplier QTY UOM Estimated Price Extended Pepsi Beverages Company, LLC $141,038.80 $141,038.80 Greenlife Water $127,850,800.00 $127,850,800.00 Sollake Property Management LLC $300,159,678.00 $300,159,678.00 1.1 20 oz. bottles of WATER, 24 bottles per case, 240 cases per day for 14 days Supplier QTY UOM Estimated Price Extended Sollake Property Management LLC 3360 Cases $0.00 $0.00 Pepsi Beverages Company, LLC 3360 Cases $21.08 $70,828.80 1.2 ½ Liter of WATER, 24 bottles per case, 300 cases per day for 14 days (preferred size of container) Supplier QTY UOM Estimated Price Extended Pepsi Beverages Company, LLC 4200 CASES $8.25 $34,650.00 Greenlife Water 4200 CASES $16,800.00 $70,560,000.00 Sollake Property Management LLC 4200 CASES $47,033.79 $197,541,918.00 1.3 20 oz. bottles of SPORTS DRINK, 24 bottles per case, 100 cases per day for 14 days Supplier QTY UOM Estimated Price Extended Pepsi Beverages Company, LLC 1400 CASES $25.40 $35,560.00 Greenlife Water 1400 CASES $40,922.00 $57,290,800.00 Sollake Property Management LLC 1400 CASES $73,298.40 $102,617,760.00 MF0923-54 - Page 1 F TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: James Singletary, Chief of Police MEETING DATE: December 12, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to sign and execute a multi-agency Interlocal Agreement with all participating subgrantees in the Southeast Texas Auto Theft Task Force. BACKGROUND The Southeast Texas Auto Theft Task Force (ATTF) is a multi-jurisdictional, cooperative law enforcement effort designed to regionally combat auto burglars and thieves while increasing public awareness of how to reduce chances of victimization. It is partially funded by the Motor Vehicle Crime Prevention Authority (MVCPA). Although the ATTF is centered in and administered by the City of Beaumont (Grantee), it is inclusive to the City of Port Arthur, Jefferson, Hardin, Orange and Jasper counties (Subgrantees). On September 19th of this year, City Council authorized the execution of all documents necessary to accept grant funding for the Southeast Auto Theft Task Force and the Motor Vehicle Crime Prevention Authority, which has since been awarded. The grant award acceptance requires the Grantee to complete and maintain an Interlocal Agreement with all participating Subgrantees as required by law and the Texas Grant Management Standards. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the Resolution. ATTACHMENTS Southeast Texas Auto Theft Task Force Interlocal Agreement 2024 Grant 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 an Interlocal Agreement between the City of Beaumont and all participating subgrantees in the Southeast Texas Auto Theft Task Force. The Interlocal Agreement is substantially in the form attached hereto as exhibits “A,” and “B,” and made a part hereof for all purposes; and, BE IT FURTHER THAT the City Manager be and he is hereby authorized to execute all documents relating to executing this agreement. 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 12th day of December, 2023. _______________________________ - Mayor Roy West - G TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Catalina, Director of Human Resources MEETING DATE: December 12, 2023 REQUESTED ACTION: Council consider a resolution approving a contract for workers compensation excess insurance. BACKGROUND The City is self-insured for it's workers compensation program. The excess insurance coverage limits the City's liability for claims from any one job-related accident or injury. The City's liability is called Self Insured Retention (SIR), which means the insurance carrier will cover all cost incurred on any individual claim of more than the SIR up to any amount authorized by statute. Our current policy is with HCDT Insurance Agency of San Antonio with an annual premium for the calendar year 2023 of $206,447.78 and a SIR of $750,000. Approximately 1,243 full- time employees and 123 part-time, temporary and or/or casual employees are covered by workers compensation. A request for proposal was sent to one hundred seventy nine (179) vendors and one response was received from the current vendor HCDT Insurance Agency who submitted a proposal based on the 2024 projected payroll of $97,204,200 in the annual premium amount of $207,045 for a SIR of $1,000,000. All specifications were met. The policy is for one year. FUNDING SOURCE Employee Benefits Fund RECOMMENDATION Approval of Resolution ATTACHMENTS 1 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Angela Wright, Chief Technology Officer MEETING DATE: December 12, 2023 REQUESTED ACTION: Council consider a resolution approving the purchase of an audio/video system from Ford Audio-Video Systems, LLC of Houston, TX for use in the Police Real Time Crime Center (RTCC). BACKGROUND The initial construction of the Real Time Crime Center (RTCC) will coincide with the audio/video (AV) setup for the center with a cost of $421,963. The initial AV setup will encompass: • Establishing a wall of eighteen screens to view from eleven input channels. o These inputs include those listed below as well as a Computer Aided Dispatch input and input for the future FUSUS camera software. • Integrating an outdoor weather station. • Installing a digital antenna and tuners for viewing three off-air channels. • Incorporating the ability to view three cable channels. • Installing audio and video systems for both the RTCC and the adjacent conference room. • Preparing for the future installation of video screens on the side walls. • Implementing an interactive display. • Unifying the RTCC's new campus feed with the existing campus feed for the Emergency Operations Center (EOC) to enable the sharing of video inputs between the two locations (Option 5). Pricing was obtained through BuyBoard. Contracts and vendors awarded through BuyBoard have been competitively procured, to assist members with compliance with Texas local and state procurement requirements and a documented audit trail. FUNDING SOURCE $211,151 Federal Funding; $210,812.01 Capital Reserve. RECOMMENDATION Approval of the Resolution. ATTACHMENTS scjw-HILLD-CBTXBEA1-281539-Police RTCC.Rev1.pdf RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council be and are hereby authorized to approve the purchase of an audio and video system from Ford Audio-Video Systems, LLC, of Houston, Texas for the Police Real Crime Center (RTCC) in the amount of $421,963.00 through the BuyBoard Contract. 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 12th day of December, 2023. _______________________________ - Mayor Roy West - 4380 Blalock Road, Houston, TX 77041 713-690-0555 www.fordav.com REVISED November 27, 2023 Mr. Rodney Hudgins City of Beaumont 801 Main Street Beaumont, TX 271793 RE: Police RTCC Dear Mr. Hudgins: Ford Audio-Video Systems, LLC (Ford) respectfully submits for your consideration the attached proposal, which covers the details of the system requirements in the following outline: A. Introduction B. Description of Work and Responsibilities C. Installation Schedule D. Equipment List E. Cost Summary and Terms F. Guarantees and Limitations of Warranty G. Training and Documentation H. Building Construction and Installation I. Acceptance The proposed systems are based upon our understanding of your requirements as communicated to us during our meetings and conversations. If there are any changes that need to be made, please let us know. We invite you to compare our systems with any other: in quality, price, and professionalism of installation, we are second to none. This proposal contains confidential pricing, design, and installation information that is proprietary to Ford and utilizes Ford Audio-Video Systems, LLC's BuyBoard Contract #644-21. It is provided for your private use, and is not to be disclosed, in part or in whole, without the express, written authorization of Ford. Please let us know if any questions arise. We look forward to serving you. Sincerely, FORD AUDIO-VIDEO SYSTEMS, LLC FORD AUDIO-VIDEO SYSTEMS, LLC Douglas Hill Christopher Ford, E.E. Senior Account Manager Vice President Voice: 713-690-0555 Email: hilld@fordav.com Website: www.fordav.com City of Beaumont Ford Audio-Video Systems, LLC Police RTCC Submitted By: Douglas Hill, Senior Account Manager REVISED November 27, 2023 Page 2 of 24 (\\f-mfs-01.fordav.com\sales\Sales\08 HOU\HILLD\CBTXBEA1 Multiple Projects\CBTXBEA1 281539 Police RTCC build Contract\Proposal-Final\scjw-HILLD-CBTXBEA1- 281539-Police RTCC.Rev1.docx, 11/27/2023 9:59 AM) Page 2 of 24 PROPRIETARY INFORMATION. The information contained herein is for use by authorized employees of the parties hereto and is not for general distribution within or outside their respective companies. Proposal For City of Beaumont, Beaumont, TX A. INTRODUCTION This proposal provides a description of the technology incorporated into the systems, lists the major equipment and components, and states the terms, conditions, and responsibilities. Individual components and quantities may be changed, deleted, added, or designated as optional to be added to the system at a future date. B. DESCRIPTION OF WORK Ford shall provide and install the following systems for City of Beaumont, Texas (Customer) in their remodel project of the RTCC: 1. THE RTCC a. EQUIPMENT RACK 1) One (1) 44-space, 32” deep, equipment rack with fans and power distribution shall be provided and installed in the AV closet to house the AV equipment. a) The Customer is responsible for providing electrical power and a live network drop to the rack location. 2) One (1) 1500VA UPS with twelve (12) network controllable outlets shall be provided and installed in the equipment rack to provide surge protection, power conditioning, and battery backup for the rack mounted equipment. b. AUDIO SYSTEM 1) Four (4) 6.5” 2-way speakers shall be provided and flush mounted in the ceiling to provide audio reinforcement in the room. 2) One (1) 120-watt, 70-volt, audio amplifier shall be provided and installed in the equipment rack to power the speakers. 3) One (1) 8-input, 8-output and 8-flex channels digital signal processor (DSP) shall be provided and installed in the equipment rack for audio signal routing, equalization, feedback suppression, echo cancellation, and compression as needed. 4) Nine (9) digital audio monitoring interfaces shall be provided and installed, one (1) at each work station, dispatch and analyst desks. City of Beaumont Ford Audio-Video Systems, LLC Police RTCC Submitted By: Douglas Hill, Senior Account Manager REVISED November 27, 2023 Page 3 of 24 (\\f-mfs-01.fordav.com\sales\Sales\08 HOU\HILLD\CBTXBEA1 Multiple Projects\CBTXBEA1 281539 Police RTCC build Contract\Proposal-Final\scjw-HILLD-CBTXBEA1- 281539-Police RTCC.Rev1.docx, 11/27/2023 9:59 AM) Page 3 of 24 PROPRIETARY INFORMATION. The information contained herein is for use by authorized employees of the parties hereto and is not for general distribution within or outside their respective companies. c. VIDEO SYSTEM 1) One (1) video wall consisting of three (3) rows of six (6) 55” 1080p, flat panel, .4mm bezel displays, eighteen (18) displays total, with mounts shall be provided and installed on the front wall of the room to show Customer provided content. Each display shall be able to receive an individual media feed, and the displays shall also be capable of grouping two (2) or three (3) displays to provide a single larger image across multiple displays. a) The Customer is responsible for providing electrical power and low voltage conduit to the video wall location. 2) Eighteen (18) AV over IP media receivers shall be provided and installed, one (1) behind each video wall display and large format display, to provide media content to the displays. 3) One (1) outdoor weather station shall be provided and installed on the roof to monitor wind-speed and direction, temperature, rainfall, and humidity. a) The Customer is responsible to provide the needed roof penetration for mounting the on-roof system and mounting assemblies. 4) One (1) OFE PC computer shall be installed in the equipment rack. 5) Three (3) off-air TV tuners shall be provided and installed in the equipment rack for viewing of off-air channels. 6) One (1) off-air digital antenna shall be provided and installed on the roof of the building to all tuner channel reception. a) The Customer shall provide a cable path to the roof and, if needed, roof penetration and sealing. 7) Three (3) OFE cable tuners shall be installed in the equipment rack to all viewing of up to three (3) separate cable channels. 8) Nine (9) AV over IP encoders shall be provided and installed to provide AV signals to the system. The encoders shall be for the six (6) OFE in-room workstations, and two (2) analyst workstations, and the dispatch station. The encoders shall have an HDMI Loop-through to allow signal throughput to a local, on-desk display. 9) Three (3) AV over IP card frames shall be provided and installed in the equipment rack to encode signals generated in the rack. Twelve (12) encoder cards and one (1) decoder card shall be provided and installed in the card frame. a) The encoder cards shall provide connectivity for the three (3) OFE cable boxes, the three (3) off-air tuners, the weather station computer, and three (3) OFE PCs or server outputs for CAD, EagleEye, TransStar. City of Beaumont Ford Audio-Video Systems, LLC Police RTCC Submitted By: Douglas Hill, Senior Account Manager REVISED November 27, 2023 Page 4 of 24 (\\f-mfs-01.fordav.com\sales\Sales\08 HOU\HILLD\CBTXBEA1 Multiple Projects\CBTXBEA1 281539 Police RTCC build Contract\Proposal-Final\scjw-HILLD-CBTXBEA1- 281539-Police RTCC.Rev1.docx, 11/27/2023 9:59 AM) Page 4 of 24 PROPRIETARY INFORMATION. The information contained herein is for use by authorized employees of the parties hereto and is not for general distribution within or outside their respective companies. 10) Two (2) 40-port and one (1) 24-port PoE+ network switches and shall be provided and installed in the equipment rack to allow AV over IP signal routing and communication. 11) Two (2) AV over IP decoders shall be provided and installed for the two (2) existing OFE analysts displays. 12) One (1) H.264 media streaming encoder shall be provided and installed in the equipment rack to encode a routed AV over IP signal. The encoder shall be connected to the Customer’s LAN for VLAN distribution to three (3) destinations. a) It is the Customer’s is responsible to create and maintain the VLAN and provide access to the City destinations. 13) Three (3) H.264 media decoders shall be provided to decode RTCC routed media that is available on the VLAN. The encoders include and HDMI output and shall be provided to the Customer to install at each destination and connect to the Customer created VLAN. The anticipated destinations include: The City Manager’s conference room, The Fire Communications Office, and the Police Department HQ Staff conference room. 14) Ford shall pull cables for potential AV over IP distribution in either an accepted changer order, or at a future time. The head end shall be the AV equipment rack room, and the destination shall be the following: a) The side video wall OFE back box locations b) The three (3) large side displays locations c) The SAU offices d. CONTROL SYSTEM 1) One (1) control system processor shall be provided and installed in the equipment rack to route the AV sources and to provide control of the AV components. 2) One (1) 10” wired touch panel shall be provided, installed on the dispatch desk, and programmed to control the following: a) Video Walls – power on/off b) Displays – power on/off if controllable c) Source Selection – AV over IP sources/destination routing/ preset recall d) System Volume – up/down/mute City of Beaumont Ford Audio-Video Systems, LLC Police RTCC Submitted By: Douglas Hill, Senior Account Manager REVISED November 27, 2023 Page 5 of 24 (\\f-mfs-01.fordav.com\sales\Sales\08 HOU\HILLD\CBTXBEA1 Multiple Projects\CBTXBEA1 281539 Police RTCC build Contract\Proposal-Final\scjw-HILLD-CBTXBEA1- 281539-Police RTCC.Rev1.docx, 11/27/2023 9:59 AM) Page 5 of 24 PROPRIETARY INFORMATION. The information contained herein is for use by authorized employees of the parties hereto and is not for general distribution within or outside their respective companies. 2. THE CONFERENCE ROOM a. AUDIO SYSTEM 1) Two (2) 6.5” 2-way, networked, in-ceiling speakers shall be provided and flush mounted in the ceiling to provide audio reinforcement in the room. 2) One (1) networked DSP shall be provided and installed in the equipment rack for audio signal routing, equalization, feedback suppression, echo cancellation, and compression as needed. 3) One (1) in-ceiling beam array microphone shall be provided and installed above the conference table to capture in-room audio for web conferences. b. VIDEO SYSTEM 1) One (1) 86” 4K capable display shall be provided and mounted on the end wall in the room. a) The Customer is responsible for providing electrical power and wall reinforcement in the display location. 2) One (1) 86” 4K capable touch interactive display shall be provided and mounted on the end wall in the room. a) The Customer is responsible for providing electrical power and wall reinforcement in the display location. 3) Two (2) AV over IP media receivers shall be provided and installed, one (1) behind each large format display, to provide media content to the displays. 4) Two (2) AV over IP media encoders shall be provided and installed to encode presentation media. One (1) shall be under the table to encode laptop presentation content. One (1) shall be behind the interactive display to encoded the output of the interactive display. 5) One (1) OFE small format PC, mounted behind the 86” display shall be used as a web conferencing soft codec. 6) One (1) networked web conferencing camera shall be provided and installed at the wall of the 86” display to allow web conferencing. c. CONTROL SYSTEM 1) One (1) 10” wired touch panel shall be provided, installed on the OFE table, and be programmed to control the following: a) Displays – power on/off b) Source Selection – AV over IP sources/destination routing City of Beaumont Ford Audio-Video Systems, LLC Police RTCC Submitted By: Douglas Hill, Senior Account Manager REVISED November 27, 2023 Page 6 of 24 (\\f-mfs-01.fordav.com\sales\Sales\08 HOU\HILLD\CBTXBEA1 Multiple Projects\CBTXBEA1 281539 Police RTCC build Contract\Proposal-Final\scjw-HILLD-CBTXBEA1- 281539-Police RTCC.Rev1.docx, 11/27/2023 9:59 AM) Page 6 of 24 PROPRIETARY INFORMATION. The information contained herein is for use by authorized employees of the parties hereto and is not for general distribution within or outside their respective companies. c) System Volume – up/down/mute d) PTZ Camera – Pan/Tilt/Zoom 3. OPTION 1 – SIDE VIDEO WALL a. VIDEO SYSTEM 1) One (1) video wall consisting of three (3) rows of four (4) 55” 1080p, flat panel, .4mm bezel displays, twelve (12) displays total, with mounts shall be provided and installed on the side wall of the room to show Customer provided content. Each display shall be able to receive an individual media feed, and the displays shall also be capable of grouping two (2) or three (3) displays to provide a single larger image across multiple displays. a) The Customer is responsible for providing electrical power and low voltage conduit to the video wall location. 2) Twelve (12) AV over IP media receivers shall be provided and installed, one (1) behind each video wall display and large format display, to provide media content to the displays. 4. OPTION 2 – SIDE WALL LARGE DISPLAYS a. VIDEO SYSTEM 1) Three (3) 86” 4K capable, 16/7 hours rated, flat panel displays with mounts shall be provided and installed on the side wall, to the right of the video wall, to show Customer provided content. Each display shall be able to receive an individual media feed. a) The Customer is responsible for providing electrical power and low voltage conduit to the video wall location. 2) Three (3) AV over IP media receivers shall be provided and installed, one (1) behind each video wall display and large format display, to provide media content to the displays. 5. OPTION 3 – SAU DISPLAY SYSTEM CONNECTIVITY a. VIDEO SYSTEM 1) Four (4) AV over IP decoders shall be provided and installed for the existing OFE SAU displays. City of Beaumont Ford Audio-Video Systems, LLC Police RTCC Submitted By: Douglas Hill, Senior Account Manager REVISED November 27, 2023 Page 7 of 24 (\\f-mfs-01.fordav.com\sales\Sales\08 HOU\HILLD\CBTXBEA1 Multiple Projects\CBTXBEA1 281539 Police RTCC build Contract\Proposal-Final\scjw-HILLD-CBTXBEA1- 281539-Police RTCC.Rev1.docx, 11/27/2023 9:59 AM) Page 7 of 24 PROPRIETARY INFORMATION. The information contained herein is for use by authorized employees of the parties hereto and is not for general distribution within or outside their respective companies. 6. OPTION 4 – EOC CONFERENCE ROOMS A AND B a. EQUIPMENT RACK 1) One (1) existing OFE equipment rack shall remain and be reused in the remodel project. 2) One (1) 24-port PoE+ network switch shall be provided and installed in the equipment rack to allow AV signal routing and communication. b. AUDIO SYSTEM 1) Four (4) 6.5” 2-way networkable speakers shall be provided and flush mounted in the ceiling, two (2) in each room. to provide audio reinforcement. 2) One (1) existing RANE DSP shall be removed and be handed to the Customer. 3) One (1) networked DSP with 8-flex channels shall be provided and installed in the equipment rack for audio signal routing, equalization, feedback suppression, echo cancellation, and compression for each room as needed. 4) Two (2) in-ceiling beam array microphones shall be provided and installed above the conference tables, one (1) in each conference room, to capture in-room audio for web conferences. c. VIDEO SYSTEM 1) Two (2) existing OFE displays on the front wall shall be removed, lowered, and reinstalled in the project. Two (2) existing OFE displays on the rear wall shall remain and be reused in the remodel project as currently installed. The signal input is split by an existing OFE HDMI 1x2 DA, so the back display shall mirror the front display. This device shall remain and be reused. 2) Two (2) 4x1 HDMI media switchers shall be provided and installed to switch input sources for the existing OFE displays. The sources shall include the existing OFE AMX decoder, the existing OFE wall plate below the front display, and the existing OFE PC for web conferencing. 3) Two (2) existing OFE small format PCs shall be installed, one (1) behind each of the front displays, to be used as a soft codec for web conferencing. 4) Two (2) auto-framing, networked web conferencing cameras shall be provided and installed, one (1) at each display on the front wall of each room to allow web conferencing video. 5) Two (2) AV to USB bridges shall be provided and installed, one (1) in each room, to provide AV input to the OFE PC for web conferencing. City of Beaumont Ford Audio-Video Systems, LLC Police RTCC Submitted By: Douglas Hill, Senior Account Manager REVISED November 27, 2023 Page 8 of 24 (\\f-mfs-01.fordav.com\sales\Sales\08 HOU\HILLD\CBTXBEA1 Multiple Projects\CBTXBEA1 281539 Police RTCC build Contract\Proposal-Final\scjw-HILLD-CBTXBEA1- 281539-Police RTCC.Rev1.docx, 11/27/2023 9:59 AM) Page 8 of 24 PROPRIETARY INFORMATION. The information contained herein is for use by authorized employees of the parties hereto and is not for general distribution within or outside their respective companies. d. CONTROL 1) The Customer shall use the existing OFE display remote to power on/off the existing OFE displays. 2) Three (3) single gang control interfaces shall be provided and installed, one (1) on the wall of each conference room, and one (1) in the Training Room. The interface shall be programmed as follows: Conference Rooms: a) Source: HDMI input select b) Volume: Up/down Training Room: a) Room Volume: up/down b) Source Volume: Mic, presentation PC, AMX decoder 7. OPTION 5 AV OVER IP INTEGRATION a. FULL FACILITY CAMPUS FEED 1) Ford shall integrate the existing OFE AMX AV over IP EOC system to be and accessible system to the RTCC. The programming shall allow sources and destination to be accessed by either department, the RTCC and the EOC. 2) Two (2) 40-port PoE+ network switched shall be provided and installed, one (1) in the 2nd Floor EOC IDF, and one (1) in the 3rd floor IDF to replace the existing Cisco network switches of the AV system. The existing Cisco network switches shall be removed and handed to the customer. All necessary patch cables and panels for the AV over IP system shall be provided and installed by Ford AV. a) The Customer shall provide and install the fiber cable between the 2nd and 3rd floor IDFs, and between the 3rd floor IDF and the RTCC equipment room. 8. THE CUSTOMER SHALL BE RESPONSIBLE FOR: a. The Customer shall have a representative (one [1] person selected by the Customer) available throughout the installation to make decisions on behalf of the Customer concerning the installation. The purpose is to ensure that communication between the Customer and Ford is accurate and responsive in the event of questions or problems that may arise during installation. b. The Customer Representative, or their designee, must be available to review the User Interface (UI) submittal, provided by Ford. Review and approval in a timely manner is important to project execution and completion. Two (2) design reviews and revisions are City of Beaumont Ford Audio-Video Systems, LLC Police RTCC Submitted By: Douglas Hill, Senior Account Manager REVISED November 27, 2023 Page 9 of 24 (\\f-mfs-01.fordav.com\sales\Sales\08 HOU\HILLD\CBTXBEA1 Multiple Projects\CBTXBEA1 281539 Police RTCC build Contract\Proposal-Final\scjw-HILLD-CBTXBEA1- 281539-Police RTCC.Rev1.docx, 11/27/2023 9:59 AM) Page 9 of 24 PROPRIETARY INFORMATION. The information contained herein is for use by authorized employees of the parties hereto and is not for general distribution within or outside their respective companies. included in this proposal. Additional revisions or failure to return the UI submittal within seven (7) business days of receipt, may result in a change order requiring additional funds to complete the project. c. The Customer shall clear the rooms involved in the installation of all activities during the period of installation. Ford will work with the Customer to schedule the installation. Hours or days of work lost by the installation crew due to the inability to work as planned will be charged to the Customer based on the extra labor and expenses required. Ford reserves the right to modify payment terms of this Agreement if equipment is ordered and received by Ford for this project and the project is delayed, postponed, or canceled, for any reason. Ford will invoice the Customer for the equipment that has been received, or any custom ordered items, based on pricing established in this Agreement. d. The Customer shall provide a facility that is prepared for the installation of electronic equipment. This includes a clean, dust-free, and air-conditioned environment that is secure and quiet. The Customer is responsible for providing a secure job site and for the cost of loss or damage to audio, video, and lighting equipment delivered by Ford to the job site. e. Existing or Customer provided conduit and raceway must be in good condition for use and be sized appropriately for the requirements of the project. f. Electrical Power In the event that electrical power is required to be installed or conduit systems are required to support the audio/video systems, it is the responsibility of the Customer, at their expense, to provide complete and adequate electrical power and conduit, unless otherwise noted. g. Providing and preparing adequate space for the location of all equipment included in the system. If AV equipment is installed in a finished ceiling or wall, the Customer is responsible for the refinishing. h. Providing a clear area with adequate ventilation and air conditioning that maintains a room temperature not exceeding 75 degrees Fahrenheit in all rooms that are occupied by sound/audio/video/lighting equipment racks. Sound, audio, video, and lighting equipment produces heat which must be dissipated by ventilation or air conditioning. Prolonged operation at room temperatures above 75 degrees Fahrenheit will shorten the life of electronic equipment leading to premature failure of components. i. The Customer is responsible for the installation and registration of all software on OFE computers. Ford will provide the Customer with the system requirements for Ford provided software, but the Customer is responsible for installing it on the OFE PC's and/or OFE network. All software-related customer support shall be directly provided by the software manufacturer. j. Scaffolding or lifts provided by the Customer for use by Ford must meet OSHA safety standards and be satisfactory to meet the needs of the Ford installation personnel. In the event the Customer furnished scaffolding or lifts are unacceptable, Ford will present a change request detailing the additional cost and time extension required to complete the project. City of Beaumont Ford Audio-Video Systems, LLC Police RTCC Submitted By: Douglas Hill, Senior Account Manager REVISED November 27, 2023 Page 10 of 24 (\\f-mfs-01.fordav.com\sales\Sales\08 HOU\HILLD\CBTXBEA1 Multiple Projects\CBTXBEA1 281539 Police RTCC build Contract\Proposal-Final\scjw-HILLD-CBTXBEA1- 281539-Police RTCC.Rev1.docx, 11/27/2023 9:59 AM) Page 10 of 24 PROPRIETARY INFORMATION. The information contained herein is for use by authorized employees of the parties hereto and is not for general distribution within or outside their respective companies. k. Ford is not licensed for and does not perform any electrical, structural, or mechanical engineering; in addition, Ford does not provide carpentry, painting, masonry, ceiling, or carpet laying work. l. The Customer shall advise Ford in writing prior to signing a contract agreement regarding the existence of asbestos in any area that Ford may be required to work. The Ford safety policy does not allow any employee to perform work if any asbestos hazard exists. If asbestos is detected, Ford employees will be removed from the location until the location can be made safe in compliance with OSHA standard (1926.1101). Any incurred expenses related to the stoppage of work will be the responsibility of the Customer. 9. FORD SHALL BE RESPONSIBLE FOR: a. Providing line drawings for systems and equipment manuals electronically at no cost b. Fabrication and installation of audio/video systems c. Providing recommendations for electrical power and conduits, to be provided and installed by the electrical contractor, for the audio, video, and control systems d. Installation of low voltage audio and video wiring for systems e. Electronic testing of audio systems f. Tuning of audio processors g. Testing and alignment of video systems h. Training i. Warranty service j. Providing as-built drawings with wire numbers and labels C. INSTALLATION SCHEDULE 1. Ford will provide system drawings, purchase and fabricate equipment, program control software, and do in-shop testing. The in-shop work will take approximately ten (10) to twelve (12) weeks prior to the beginning of the actual installation at the Customer's facility. Ford estimates the actual on-site installation, test out, and commissioning of this project will take five (5) weeks. The total time required to complete the project is approximately seventeen (17) weeks from agreement execution. The completion of Ford's work depends upon the facility being secure, dust-free, air-conditioned, and quiet. Due to the ongoing delays in the equipment supply chain, delays in the scheduled installation of AV systems can occur. Ford will keep you informed if scheduling changes become necessary. City of Beaumont Ford Audio-Video Systems, LLC Police RTCC Submitted By: Douglas Hill, Senior Account Manager REVISED November 27, 2023 Page 11 of 24 (\\f-mfs-01.fordav.com\sales\Sales\08 HOU\HILLD\CBTXBEA1 Multiple Projects\CBTXBEA1 281539 Police RTCC build Contract\Proposal-Final\scjw-HILLD-CBTXBEA1- 281539-Police RTCC.Rev1.docx, 11/27/2023 9:59 AM) Page 11 of 24 PROPRIETARY INFORMATION. The information contained herein is for use by authorized employees of the parties hereto and is not for general distribution within or outside their respective companies. 2. For Ford to meet the above completion schedule, it is important the Customer warrants there are no interruptions in the availability of the job site for Ford to perform its work. Additionally, a failure of the Customer to respond timely to Ford's written requests for information or Customer-approval of submittals will delay the project. Ford schedules its workforce weeks in advance in order to meet installation completion dates. The Customer shall notify Ford's Project Manager in the event the Customer changes the schedule or the Customer's other contractors fall behind in completing their portion of the work. D. EQUIPMENT LIST BEAUMONT RTCC (BUYBOARD CONTRACT #644-21) ===================================================================================== Quantity Description Price Extension ===================================================================================== 500.00 BELD.1695A WIRE,RG6/U,#18,75OHM,PLEN,CATV 1.37 685.00 1.00 C2G.38998 12M USB 2.0 A/B ACTIVE CABLE 28.00 28.00 2.00 CHIE.CSSLP15X10 MOUNT,STORAGE PANEL, SLIDING 144.00 288.00 1.00 EXTR.70-1028-01 ACCE,UNDER TABLE SHELF 61.00 61.00 1.00 OUTDOOR ANTENNA & MOUNT 412.00 412.00 1.00 OUTDOOR WEATHER STATION 7,818.00 7,818.00 102.00 CABLES & CONNECTORS 29.00 2,958.00 104.00 DATA PANELS & CABLES 27.00 2,808.00 65.00 MOUNTING HARDWARE 29.00 1,885.00 44.00 RACK HARDWARE 16.00 704.00 6.00 SMALL SPEAKER SUPPORT 12.00 72.00 50.00 WIRE MANAGEMENT 29.00 1,450.00 1.00 LOWE.LFD-44FV DOOR,VENTED,FRONT-44U,LOCK,BLK 346.00 346.00 1.00 LOWE.RRD-44 RACK RAIL,44U,TAPPED 10-32 47.00 47.00 4.00 LOWE.USV-110 SHELF, VENTED, 1RU, 10" DEEP 38.00 152.00 1.00 MIDD.RMKBLCD17K DISP.MON,17"HD/KEYBOARD/KVM 8P 2,810.00 2,810.00 12.00 NETG.AXC7611000 CABL,1M SFP+ CABLE 56.00 672.00 1.00 SNAP.WB-800-FP WATTBOX FACEPLATE DISPLAY 184.00 184.00 500.00 WEST.25225B WIRE,2C,16G,PLENUM,GRAY .22 110.00 4,000.00 WEST.254246EZBK 4P,23G,SLD,CAT6,PLNM,BLACK .26 1,040.00 4.00 QSC.AD-C6T-WH CEILING 6.5" 70V 60W WHIT 187.00 748.00 1.00 QSC.CORE110F-V2 8X8X8 W/ DANTE/USB/POTS+VOIP 2,972.00 2,972.00 1.00 QSC.CORENANO NO ANALOG, 64 NET + USB 1,546.00 1,546.00 2.00 QSC.NL-C4-WH 4" LP CEILING-MNT SPEAKER WHT 377.00 754.00 1.00 QSC.SLDAN-32-P Q-SYS SOFTWARE-DANTE 32X32 LIC 649.00 649.00 1.00 QSC.SPA-QF60X2 2CH 60W QSYS AMP 1,002.00 1,002.00 9.00 QSC.UNDNEMO 64 CHANNEL DESKTOP DANTE AUDIO 967.00 8,703.00 1.00 SENN.509178 TCC2,BEAM FORMING & MOUNT 3,765.00 3,765.00 1.00 AJA.HELOPLUSRO H.264 STREAMING & RECORDING A 1,649.00 1,649.00 11.00 AMX.FGN2122A-CD CARD,NMX-ENC-N2122A-C ENCODER 1,861.00 20,471.00 12.00 AMX.FGN2122A-SA VIDE,JPEG 2000 AV ENCODER POE 1,880.00 22,560.00 1.00 AMX.FGN2222A-CD NMX-DEC-N2222A-C DECODER CARD 1,117.00 1,117.00 23.00 AMX.FGN2222A-SA VIDE,JPEG2000 DECODER, AES67 1,143.00 26,289.00 2.00 AMX.FGN9206 AV,2RU RACK MOUNT CAGE,6 CARD 675.00 1,350.00 2.00 CHIE.XSM1U MOUN,X-LRG, STATIC MOUNT ASSEM 231.00 462.00 3.00 CONT.5114-001 232-ATSC 4K - HDTV TUNER 882.00 2,646.00 3.00 CONT.5117-001 IP-SDI 4I IPTV DECODER WITH SD 1,107.00 3,321.00 18.00 LG.55VSM5J-H DISP, 55"FHD, EVEN BEZEL .44MM 4,080.00 73,440.00 City of Beaumont Ford Audio-Video Systems, LLC Police RTCC Submitted By: Douglas Hill, Senior Account Manager REVISED November 27, 2023 Page 12 of 24 (\\f-mfs-01.fordav.com\sales\Sales\08 HOU\HILLD\CBTXBEA1 Multiple Projects\CBTXBEA1 281539 Police RTCC build Contract\Proposal-Final\scjw-HILLD-CBTXBEA1- 281539-Police RTCC.Rev1.docx, 11/27/2023 9:59 AM) Page 12 of 24 PROPRIETARY INFORMATION. The information contained herein is for use by authorized employees of the parties hereto and is not for general distribution within or outside their respective companies. 1.00 LG.86TR3DK-B 86" 4K PRO TOUCH DISPLAY 4,229.00 4,229.00 1.00 LG.86UL3J-B DISP.MON,86",UHD,350NIT,WEBOS 3,660.00 3,660.00 18.00 PEER.DS-VW775 MOUN,SMART MOUNT SUPREME 414.00 7,452.00 1.00 AMX.FG2106-02 NETLINX INTEGRATED CONTROL PRO 1,480.00 1,480.00 1.00 AMX.FG423-48 POWE,POWER SUPPLY,12V 110.00 110.00 2.00 AMX.FG5969-47 10" TABLETOP G5 TOUCH SCREEN 1,484.00 2,968.00 1.00 FAV.SSA SYSTEM SUPPORT AGENT 799.00 799.00 1.00 NETG.GSM4230PX1 24 PORT POE+ MANAGED SWITCH 1,942.00 1,942.00 2.00 NETG.GSM4248PX1 40 PORT POE+ MANAGED SWITCH 2,620.00 5,240.00 1.00 SNAP.UPSIPVM15 IP CTRL PDU & 1500 VA UPS KIT 1,291.00 1,291.00 3.00 OFE CABLE/SAT BOX .00 .00 9.00 OFE USER WORKSTATION .00 .00 9.00 OFE MONITOR .00 .00 1.00 OFE USER PC .00 .00 1.00 LOWE.LER-4432 RACK,44U,32"D,ADJ RAIL,R/DOOR 1,219.00 1,219.00 1.00 LOWE.LMB-32 RACK BASE, 32" D CASTERS 197.00 197.00 1.00 QSC.NC-110 110 DEG EPTZ QSYS CAM POE 1,024.00 1,024.00 2.00 NETG.XSM4216F10 M4250-16XF 16PT SFP+ SWITCH 1,112.00 2,224.00 ========= Sub Total 231,809.00 INTEGRATION SERVICES (BUYBOARD CONTRACT #644-21) ===================================================================================== Quantity Description Price Extension ===================================================================================== DESIGN, ENGINEERING, FABRICATION, PROJECT MANAGEMENT, INSTALLATION, COMMISSIONING, TRAINING AND WARRANTY 162,618.00 162,618.00 ========= Sub Total 162,618.00 ========= Merchandise: 231,809.00 Integration: 162,618.00 Other: .00 Freight: .00 Sales Tax: .00 ========= Total Amount: 394,427.00 OPTION 1 – SIDE VIDEO WALL 4X3 VIDEO WALL (BUYBOARD CONTRACT #644-21) ===================================================================================== Quantity Description Price Extension ===================================================================================== 16.00 CABLES & CONNECTORS 29.00 464.00 16.00 MOUNTING HARDWARE 29.00 464.00 16.00 WIRE MANAGEMENT 29.00 464.00 12.00 AMX.FGN2222A-SA VIDE,JPEG2000 DECODER, AES67 1,143.00 13,716.00 12.00 LG.55VSM5J-H DISP, 55"FHD, EVEN BEZEL .44MM 4,080.00 48,960.00 12.00 PEER.DS-VW775 MOUN,SMART MOUNT SUPREME 414.00 4,968.00 ========= Sub Total 69,036.00 City of Beaumont Ford Audio-Video Systems, LLC Police RTCC Submitted By: Douglas Hill, Senior Account Manager REVISED November 27, 2023 Page 13 of 24 (\\f-mfs-01.fordav.com\sales\Sales\08 HOU\HILLD\CBTXBEA1 Multiple Projects\CBTXBEA1 281539 Police RTCC build Contract\Proposal-Final\scjw-HILLD-CBTXBEA1- 281539-Police RTCC.Rev1.docx, 11/27/2023 9:59 AM) Page 13 of 24 PROPRIETARY INFORMATION. The information contained herein is for use by authorized employees of the parties hereto and is not for general distribution within or outside their respective companies. INTEGRATION SERVICES (BUYBOARD CONTRACT #644-21) ===================================================================================== Quantity Description Price Extension ===================================================================================== DESIGN, ENGINEERING, FABRICATION, PROJECT MANAGEMENT, INSTALLATION, COMMISSIONING, TRAINING AND WARRANTY 30,349.00 30,349.00 ========= Sub Total 30,349.00 ========= Merchandise: 69,036.00 Integration: 30,349.00 Other: .00 Freight: .00 Sales Tax: .00 ========= Total Amount: 99,385.00 OPTION 2 – SIDE WALL LARGE DISPLAYS 3 SIDE DISPLAYS (BUYBOARD CONTRACT #644-21) ===================================================================================== Quantity Description Price Extension ===================================================================================== 2.00 MOUNTING HARDWARE 29.00 58.00 2.00 WIRE MANAGEMENT 29.00 58.00 3.00 AMX.FGN2222A-SA VIDE,JPEG2000 DECODER, AES67 1,143.00 3,429.00 3.00 LG.86UR340C9UD DISP.TV,86",4K,UHD 330NIT 2,520.00 7,560.00 3.00 PEER.ST680 MOUN,UNIV TILT FOR 61"-102" FL 147.00 441.00 ========= Sub Total 11,546.00 INTEGRATION SERVICES (BUYBOARD CONTRACT #644-21) ===================================================================================== Quantity Description Price Extension ===================================================================================== DESIGN, ENGINEERING, FABRICATION, PROJECT MANAGEMENT, INSTALLATION, COMMISSIONING, TRAINING AND WARRANTY 9,061.00 9,061.00 ========= Sub Total 9,061.00 ========= Merchandise: 11,546.00 Integration: 9,061.00 Other: .00 Freight: .00 Sales Tax: .00 ========= Total Amount: 20,607.00 City of Beaumont Ford Audio-Video Systems, LLC Police RTCC Submitted By: Douglas Hill, Senior Account Manager REVISED November 27, 2023 Page 14 of 24 (\\f-mfs-01.fordav.com\sales\Sales\08 HOU\HILLD\CBTXBEA1 Multiple Projects\CBTXBEA1 281539 Police RTCC build Contract\Proposal-Final\scjw-HILLD-CBTXBEA1- 281539-Police RTCC.Rev1.docx, 11/27/2023 9:59 AM) Page 14 of 24 PROPRIETARY INFORMATION. The information contained herein is for use by authorized employees of the parties hereto and is not for general distribution within or outside their respective companies. OPTION 3 – SAU DISPLAY SYSTEM SAU STATIONS (BUYBOARD CONTRACT #644-21) ===================================================================================== Quantity Description Price Extension ===================================================================================== 1.00 CABLES & CONNECTORS 29.00 29.00 1.00 MOUNTING HARDWARE 29.00 29.00 1.00 WIRE MANAGEMENT 29.00 29.00 4.00 AMX.FGN2222A-SA VIDE,JPEG2000 DECODER, AES67 1,143.00 4,572.00 ========= Sub Total 4,659.00 INTEGRATION SERVICES (BUYBOARD CONTRACT #644-21) ===================================================================================== Quantity Description Price Extension ===================================================================================== DESIGN, ENGINEERING, FABRICATION, PROJECT MANAGEMENT, INSTALLATION, COMMISSIONING, TRAINING AND WARRANTY 4,019.00 4,019.00 ========= Sub Total 4,019.00 ========= Merchandise: 4,659.00 Integration: 4,019.00 Other: .00 Freight: .00 Sales Tax: .00 ========= Total Amount: 8,678.00 OPTION 4 – EOC CONFERENCE ROOMS A & B CONFERENCE 1 & 2 (BUYBOARD CONTRACT #644-21) ===================================================================================== Quantity Description Price Extension ===================================================================================== 4.00 CHIE.CSSLP15X10 MOUNT,STORAGE PANEL, SLIDING 144.00 576.00 2.00 CHIE.LTM1U MOUN, LG HEIGHT ADJ, TILT MOUN 258.00 516.00 9.00 CABLES & CONNECTORS 29.00 261.00 6.00 MOUNTING HARDWARE 29.00 174.00 4.00 SMALL SPEAKER SUPPORT 12.00 48.00 4.00 WIRE MANAGEMENT 29.00 116.00 1.00 LEVI.69270-U24 PANE, 24P,PRELOAD, QUICKPRT,1U 231.00 231.00 4.00 NETG.AXC7611000 CABL,1M SFP+ CABLE 56.00 224.00 3.00 ATTE.AXONC1 QSYS NATIVE CONTROL KEYPAD 544.00 1,632.00 1.00 QSC.CORE8FLEX 8 FLEX IN/OUTS,AEC,DANTE+VOIP 2,068.00 2,068.00 4.00 QSC.NL-C4-WH 4" LP CEILING-MNT SPEAKER WHT 377.00 1,508.00 2.00 SENN.509178 TCC2,BEAM FORMING & MOUNT 3,765.00 7,530.00 2.00 QSC.IOUSBBRIDGE CONF.VID,POE AV TO USB BRIDGE 1,472.00 2,944.00 City of Beaumont Ford Audio-Video Systems, LLC Police RTCC Submitted By: Douglas Hill, Senior Account Manager REVISED November 27, 2023 Page 15 of 24 (\\f-mfs-01.fordav.com\sales\Sales\08 HOU\HILLD\CBTXBEA1 Multiple Projects\CBTXBEA1 281539 Police RTCC build Contract\Proposal-Final\scjw-HILLD-CBTXBEA1- 281539-Police RTCC.Rev1.docx, 11/27/2023 9:59 AM) Page 15 of 24 PROPRIETARY INFORMATION. The information contained herein is for use by authorized employees of the parties hereto and is not for general distribution within or outside their respective companies. 2.00 AVER.COM520PR2 CAME,CAM520 PRO2,CONFERENCE 1,012.00 2,024.00 1.00 NETG.GSM4230PX1 24 PORT POE+ MANAGED SWITCH 1,942.00 1,942.00 1.00 QSC.SLQSE8NP SOFT,8FLEX/NANO SCRIPT ENG. LI 165.00 165.00 2.00 OFE USER PC .00 .00 1.00 OFE SVSI DECODER .00 .00 2.00 OFE DISPLAY .00 .00 2.00 HALL.SW-HD-4A 4X1 HDMI SWITCH RS232/AUDIO 254.00 508.00 2.00 EXTR.60-804-01 ADAP,AUDIO SUMMING W/RCA INPUT 48.00 96.00 ========= Sub Total 22,563.00 INTEGRATION SERVICES (BUYBOARD CONTRACT #644-21) ===================================================================================== Quantity Description Price Extension ===================================================================================== DESIGN, ENGINEERING, FABRICATION, PROJECT MANAGEMENT, INSTALLATION, COMMISSIONING, TRAINING AND WARRANTY 20,242.00 20,242.00 ========= Sub Total 20,242.00 ========= Merchandise: 22,563.00 Integration: 20,242.00 Other: .00 Freight: .00 Sales Tax: .00 ========= Total Amount: 42,805.00 OPTION 5 AV OVER IP INTEGRATION EXISTING AMX SYSTEM EQUIP (BUYBOARD CONTRACT #644-21) ===================================================================================== Quantity Description Price Extension ===================================================================================== 2.00 CABLES & CONNECTORS 29.00 58.00 2.00 MOUNTING HARDWARE 28.00 56.00 2.00 WIRE MANAGEMENT 28.00 56.00 80.00 DATA PANELS & CABLES 27.00 2,160.00 16.00 NETG.AXM7631000 DATA,10GBASE-LRM SFP+ LC 297.00 4,752.00 2.00 NETG.GSM4248PX1 40 PORT POE+ MANAGED SWITCH 2,595.00 5,190.00 ========= Sub Total 12,272.00 City of Beaumont Ford Audio-Video Systems, LLC Police RTCC Submitted By: Douglas Hill, Senior Account Manager REVISED November 27, 2023 Page 16 of 24 (\\f-mfs-01.fordav.com\sales\Sales\08 HOU\HILLD\CBTXBEA1 Multiple Projects\CBTXBEA1 281539 Police RTCC build Contract\Proposal-Final\scjw-HILLD-CBTXBEA1- 281539-Police RTCC.Rev1.docx, 11/27/2023 9:59 AM) Page 16 of 24 PROPRIETARY INFORMATION. The information contained herein is for use by authorized employees of the parties hereto and is not for general distribution within or outside their respective companies. INTEGRATION SERVICES (BUYBOARD CONTRACT #644-21) ===================================================================================== Quantity Description Price Extension ===================================================================================== DESIGN, ENGINEERING, FABRICATION, PROJECT MANAGEMENT, INSTALLATION, COMMISSIONING, TRAINING AND WARRANTY 15,264.00 15,264.00 ========= Sub Total 15,264.00 ========= Merchandise: 12,272.00 Integration: 15,264.00 Other: .00 Freight: .00 Sales Tax: .00 ========= Total Amount: 27,536.00 E. COST SUMMARY AND TERMS PROPOSED TOTAL: $394,427.00 OPTION 1 – SIDE VIDEO WALL TOTAL: $99,385.00 OPTION 2 – SIDE WALL LARGE DISPLAYS TOTAL: $20,607.00 OPTION 3 – SAU DISPLAY SYSTEM TOTAL: $8,678.00 OPTION 4 – EOC CONFERENCE ROOMS A & B TOTAL: $42,805.00 OPTION 5 – AV OVER IP INTEGRATION: $27,536.00 TAXES: No taxes have been included in the project 'Total Amount,' unless specifically shown on the 'Sales Tax' line. All taxes are the responsibility of the Customer. If a tax is charged to Ford, the Customer will be responsible for reimbursing Ford for the cost. TERMS: The Customer shall issue a purchase order in accordance with the terms and conditions of the BuyBoard Contract #644-21. Ford shall issue monthly invoices. All invoices are due Net 30. EXTENDED WARRANTY: In addition to Ford's Standard Warranty, Ford offers a two and three-year extended warranty on the equipment and installation provided by Ford. The same warranty guarantees and limitations described in Section F of the proposal apply. With the purchase City of Beaumont Ford Audio-Video Systems, LLC Police RTCC Submitted By: Douglas Hill, Senior Account Manager REVISED November 27, 2023 Page 17 of 24 (\\f-mfs-01.fordav.com\sales\Sales\08 HOU\HILLD\CBTXBEA1 Multiple Projects\CBTXBEA1 281539 Police RTCC build Contract\Proposal-Final\scjw-HILLD-CBTXBEA1- 281539-Police RTCC.Rev1.docx, 11/27/2023 9:59 AM) Page 17 of 24 PROPRIETARY INFORMATION. The information contained herein is for use by authorized employees of the parties hereto and is not for general distribution within or outside their respective companies. of the extended warranty, Ford will perform one (1) pre-scheduled preventative maintenance service call during the second year of the Extended Warranty and another in the third year of the Extended Warranty, if selected. The purpose of conducting this routine preventative maintenance (PM) visit is to check the general operation of the equipment and repair the systems if needed. This PM service call shall be scheduled in advance with the Customer, between 8:00 am and 5:00 pm, Monday through Friday, excluding holidays, and does not include expendable materials used (e.g., light bulbs, lamps, light fixture lamps, fuses, batteries, portable connection cables, etc.) or system programming. Year 2 Extended Warranty $10,829.00 Year 3 Extended Warranty $11,632.00 By accepting the Year 2 Extended Warranty the Customer has the option to accept the Year 3 Extended Warranty. Additional service needs can be scheduled by emailing service@fordav.com, or by calling 1-800-654-6744. The Year 2 and Year 3 Extended Warranties for separately priced options have not been included in the Extended Warranty totals above. Upon acceptance, the Extended Warranty for the options can be added by informing your Ford Account Manager. ALTERNATIVE LEASING: Leasing options are available. Please contact your Ford Account Manager for more information. CC: Unless otherwise prohibited by law, a 3% bank interchange fee will be charged for using a credit card for payment. PRICE: The price stated above for this project is based upon the complete system being purchased and installed at one time. In the event the Customer selects to purchase less than the total project, delays purchase of any portion of the system, requires that the system be installed in phases, or delays the installation; Ford reserves the right to charge for additional labor, travel, and overhead. The price is valid for thirty (30) days from the date of this proposal. It is agreed that the estimated duration of Ford's portion of this project is seventeen (17) weeks from the proposal acceptance date. In the event of a delay or extension of time, through no fault of Ford, Ford shall be entitled to receive a change order for the additional cost of overhead and other costs resulting from the delay. In addition, any outstanding Customer unpaid invoices and unbilled costs incurred by Ford shall become due and payable regardless of contract scheduled payments. COMMENCEMENT OF WORK: Ford must receive the enclosed contract signed by the Customer and/or a Customer provided and Ford approved purchase order that specifically accepts and includes ALL terms and conditions outlined in this proposal, along with any payment terms and provisions included in this proposal before the agreement will be considered fully accepted and executed by Ford. Receipt of the above-mentioned documents and payments is a condition precedent to Ford's obligation to perform any work contemplated under this City of Beaumont Ford Audio-Video Systems, LLC Police RTCC Submitted By: Douglas Hill, Senior Account Manager REVISED November 27, 2023 Page 18 of 24 (\\f-mfs-01.fordav.com\sales\Sales\08 HOU\HILLD\CBTXBEA1 Multiple Projects\CBTXBEA1 281539 Police RTCC build Contract\Proposal-Final\scjw-HILLD-CBTXBEA1- 281539-Police RTCC.Rev1.docx, 11/27/2023 9:59 AM) Page 18 of 24 PROPRIETARY INFORMATION. The information contained herein is for use by authorized employees of the parties hereto and is not for general distribution within or outside their respective companies. contract, including engineering the system, purchasing the equipment and scheduling the work crews for installation. In the event the Customer fails to pay Ford within the terms above, Ford reserves the right to stop work on the project until all payments are received by Ford in accordance with the terms. CREDIT: This proposal shall not be deemed as accepted by Ford until the executed contract is returned to Ford's Credit Center for final review and acceptance. CHANGES: Any Customer Change Orders (CCO) must be approved in writing by the Customer prior to execution by Ford and are subject to the credit terms of this Agreement. NON-SOLICITATION: The Customer and Ford mutually agree, because of the high cost of training an employee, that neither party shall solicit the employment of any employee of the other party, and shall not employ any employee or any person who was an employee of the other party at any time during the relationship between the parties or for a period of one (1) year following the termination of any relationship between the parties. In the event of a breach of this section, the breaching party agrees to pay the other party an amount equal to the hired employee's annual wages as an agreed upon cost to replace the employee. F. GUARANTEES AND LIMITATIONS OF WARRANTIES 1. FORD GUARANTEES THE FOLLOWING: a. Equipment will be new, unless noted otherwise. 2. STANDARD WARRANTY a. Equipment and installation provided by Ford in this proposal will be free of defects and will be repaired or replaced, free of charge, for a period of one (1) year from the date of substantial completion or the first date of beneficial use of the system, whichever date occurs first. Substantial completion shall be defined as the point where the work, or designated portion thereof, is sufficiently complete so that the system can be used for its intended purpose. b. Equipment and materials provided by Ford that were manufactured by other companies will be warranted under the warranty terms of the original manufacturer. c. The warranty does not include or cover expendable materials used with the system installation (e.g., light bulbs, lamps, light fixture lamps, fuses, batteries, portable connection cables, etc.). d. Ford is not responsible for the reliability of systems that communicate using wireless technology. The performance of equipment utilizing wireless communications is inherently unreliable and will experience "dropouts", distortion, and loss of connectivity from time to time. Interference from other forms of radio frequency transmissions, such as radio and television broadcasts, cell phones, and computer wireless networks, is probable, and should be expected. City of Beaumont Ford Audio-Video Systems, LLC Police RTCC Submitted By: Douglas Hill, Senior Account Manager REVISED November 27, 2023 Page 19 of 24 (\\f-mfs-01.fordav.com\sales\Sales\08 HOU\HILLD\CBTXBEA1 Multiple Projects\CBTXBEA1 281539 Police RTCC build Contract\Proposal-Final\scjw-HILLD-CBTXBEA1- 281539-Police RTCC.Rev1.docx, 11/27/2023 9:59 AM) Page 19 of 24 PROPRIETARY INFORMATION. The information contained herein is for use by authorized employees of the parties hereto and is not for general distribution within or outside their respective companies. e. Ford is not responsible for the performance, testing, or configuration of owner-furnished data networks that are used to transmit audio, video, and lighting program data and control signal data. IP-based videoconferencing systems rely upon data networks that can provide consistent bandwidth for the transmission. Videoconferencing that is transmitted over the Internet is subject to the intermittent and unreliable nature of the public network. In the event that the Customer's network is found to be the cause of defects in the quality of the audio/video signals, is unreliable, or has insufficient bandwidth to support the A/V/L system and Ford's network engineers are required to troubleshoot or configure the Customer's network, the cost of this service will be invoiced to the Customer. f. Systems installed by Ford use network protocols to transmit content and data for audio, video, and control. Any modifications to the network, including, but not limited to, firmware updates, readdressing endpoints, or changes in hardware, including replacing audio, video, and control components, can cause the systems to fail. Failures, such as the ones listed, are not warranty issues and therefore not covered under the Ford warranty described herein. g. The term "Software" as used in this document includes all editable source files, un-editable compiled files, graphical user interface files and functionality, audio digital signal processor (DSP) files, in whole and in part, produced under the terms of this agreement. Unless otherwise expressly agreed in writing, all Software created by Ford remains the property of Ford, and the Customer is hereby provided a license to use the Software for this project only. The Software may not be used on any other project, nor used for any purposes outside of this project, nor shared nor disclosed to anyone who is not an employee of the Customer's company without prior approval from Ford. h. Procedures such as routine preventative maintenance functions (e.g., keeping filters clean, keeping system environment free from foreign materials, etc.) are the responsibility of the Customer and is not included within this warranty agreement. Failure on the part of the Customer to perform these routine maintenance functions shall void this warranty. i. Ford will not be responsible for damages or cost of repairs due to modifications, adjustments, or additions to the system, or changes to the Software performed by personnel not authorized by Ford during the warranty period. Doing so will invalidate the warranty. j. Ford may withhold warranty service in the event that the Customer has an unpaid balance due to be paid to Ford. 3. OWNER-FURNISHED EQUIPMENT (OFE): a. Ford's intent is to provide a complete system including all equipment. In some cases, the Customer may own equipment which they desire to be included with the installation. Ford identifies this as OFE. b. The use of OFE is solely for the convenience of the Customer and is not included in the warranty or guarantee provided. c. Ford shall take reasonable care in handling OFE and install it according to standard industry practices; however, Ford takes no responsibility for the operation, performance, City of Beaumont Ford Audio-Video Systems, LLC Police RTCC Submitted By: Douglas Hill, Senior Account Manager REVISED November 27, 2023 Page 20 of 24 (\\f-mfs-01.fordav.com\sales\Sales\08 HOU\HILLD\CBTXBEA1 Multiple Projects\CBTXBEA1 281539 Police RTCC build Contract\Proposal-Final\scjw-HILLD-CBTXBEA1- 281539-Police RTCC.Rev1.docx, 11/27/2023 9:59 AM) Page 20 of 24 PROPRIETARY INFORMATION. The information contained herein is for use by authorized employees of the parties hereto and is not for general distribution within or outside their respective companies. appearance, or effects of OFE before, during, or after its integration into the system. Ford reserves the right to accept or reject OFE based on the equipment's service record, or lack thereof, poor condition, or out of date software/firmware. Ford will not accept OFE that is purchased by the Customer to replace equipment that is specified in this proposal. d. In the event that OFE does not function properly, Ford shall notify the Customer to determine if the OFE is to be a) repaired, b) an alternate unit provided by the Customer, c) the unit is not to be used, or d) Ford is to provide a new unit. Ford shall provide a cost to the Customer for the work to be done. The Customer will authorize any additional costs to the job. e. The existing equipment, removed as a courtesy by Ford, that is not being reused, shall be handed over to the Customer. Ford is not responsible for the existing equipment or its condition when received by the Customer. G. TRAINING AND DOCUMENTATION 1. TRAINING INCLUDED: a. Ford will host a training session near the completion of installation. All system users and interested people should attend this training so that all questions can be answered during this training. b. During the training, if requested, Ford personnel will attend the initial first use of the system and assist the Customer's operators and users in the operation of the Ford-installed system. c. Ford shall provide a training agenda for scheduled training. d. Ford shall provide a quick start guide (QSG) for each room type. The QSG is a generic, brief description of how to operate the system. One (1) copy of a laminated document, for each room type, shall be provided to the Customer. 2. ADVANCED TRAINING - OPTIONAL: Ford is committed to providing the highest quality and most modern training experience possible to its Customers. In addition to the training included with this project, for an additional fee, Ford offers multiple, customizable options to fit the needs of any Customer. The possible programs include: a. Ford shall supply a training video consisting of a visual tutorial or tutorials, if multiple room type videos are purchased, that will explain how to operate specific AV systems. This training tutorial, narrated by a Ford trainer, is a self-paced, always-available, online video, viewable on any mobile device which give the learner a step-by-step process on how to use the technology. b. In consultation with the Customer, Ford will develop and execute a custom curriculum and curriculum schedule. City of Beaumont Ford Audio-Video Systems, LLC Police RTCC Submitted By: Douglas Hill, Senior Account Manager REVISED November 27, 2023 Page 21 of 24 (\\f-mfs-01.fordav.com\sales\Sales\08 HOU\HILLD\CBTXBEA1 Multiple Projects\CBTXBEA1 281539 Police RTCC build Contract\Proposal-Final\scjw-HILLD-CBTXBEA1- 281539-Police RTCC.Rev1.docx, 11/27/2023 9:59 AM) Page 21 of 24 PROPRIETARY INFORMATION. The information contained herein is for use by authorized employees of the parties hereto and is not for general distribution within or outside their respective companies. c. Ford will provide in-person presentation(s), as needed, including presentation materials such as PowerPoint or Prezi presentation. d. Ford will develop a custom Orientation & Operations Handbook, which shall include detailed, user-friendly information on solutions, functionality, troubleshooting, curriculum, and other useful reference materials. e. The Ford Training Center also highly recommends follow-up training sessions six months to a year following the initial session(s) to ensure that all concepts are anchored and being employed by each user as well as providing opportunities for new employees to receive the same level and style of training existing employees received. The Ford Training Center will work with customers to develop a long-term training strategy and/or ongoing training curriculum. f. Additional materials include documents in electronic format, additional hard and/or laminated copies of Quick-Start Guides and Orientation & Operations Handbooks, as well as digital copies of these curriculum materials. g. All training curriculum and components will be developed and executed by a Ford Master Trainer. h. The components of the optional training are to be determined by the Customer, Account Manager, and Ford Master Trainer to meet the needs of the Customer. The cost of the additional materials and training is based on the desired program. i. Please contact Ford to receive a customized price quote on the Advanced Training Program option. H. BUILDING CONSTRUCTION AND SYSTEM INSTALLATION 1. VISUAL INSPECTION: a. This proposal is based upon a visual inspection of the site conditions. It is agreed that some buildings may have inherent design and/or construction that is not visibly recognizable and is outside of normal standard and customary building procedures. If the walls, floors or ceiling are found to be constructed in a manner that wire cannot be pulled or equipment cannot be mounted or otherwise installed without labor or materials in excess of those anticipated by both parties and proposed herein, the Customer agrees to be responsible for any adjustments in the labor and materials required to perform the installation. 2. EXISTING CONDITIONS: a. Acoustics and Noise In facilities where Ford is providing a sound or audio system, the Customer is responsible for providing an environment free of ambient noise and excessive reverberation and echoes. 1) Typically, ambient noise is created by HVAC systems (Heating, Ventilation, and Air Conditioning), plumbing, or other mechanical systems in the building. In City of Beaumont Ford Audio-Video Systems, LLC Police RTCC Submitted By: Douglas Hill, Senior Account Manager REVISED November 27, 2023 Page 22 of 24 (\\f-mfs-01.fordav.com\sales\Sales\08 HOU\HILLD\CBTXBEA1 Multiple Projects\CBTXBEA1 281539 Police RTCC build Contract\Proposal-Final\scjw-HILLD-CBTXBEA1- 281539-Police RTCC.Rev1.docx, 11/27/2023 9:59 AM) Page 22 of 24 PROPRIETARY INFORMATION. The information contained herein is for use by authorized employees of the parties hereto and is not for general distribution within or outside their respective companies. general, Ford recommends that the ambient noise sound pressure level not exceed NC35 (Noise Criteria) or 35 dB A scale. 2) Long reverberation times and echoes are normally the result of hard wall, floor, and ceiling surfaces found in some rooms. Typically, Ford recommends that the reverb time does not exceed 1.5 seconds where the primary use is the communication of speech. The production of other types of music may require longer reverberation times. In the event that echoes exist, absorptive or diffusive wall and ceiling panels may be required to eliminate or minimize the detrimental effects of the echoes. 3) Ford is not responsible for any costs related to reducing the ambient noise or modifying the acoustics of the Customer's facilities. 3. Vibrations caused by HVAC units, pumps, environmental issues (loud adjacent spaces, traffic, airplanes, etc.), or general construction materials and methods, can cause unwanted audio intelligibility issues and image issues with cameras, video projectors, flat panel displays, and direct view LED video wall walls. Issues such as these typically require specialized engineers and contractors and are not the responsibility of Ford. I. ACCEPTANCE 1. The Customer's personnel will be notified by Ford upon completion of the installation. 2. Demonstration of system performance will be during the training session. 3. Participants at the performance demonstration shall include personnel representing Ford and personnel representing City of Beaumont who are authorized to accept the system as complete and make final payment. This proposal shall not be deemed as accepted by Ford until the executed contract is returned to Ford's Credit Center for final review and acceptance. If a purchase order is required by the Customer, it must be transmitted with the signed install agreement for review and acceptance. This proposal contains confidential pricing, design, engineering, and installation information that is proprietary to Ford. It is provided for your private use, and is not to be disclosed, in part or in whole, without the express, written authorization of Ford. City of Beaumont Ford Audio-Video Systems, LLC Police RTCC Submitted By: Douglas Hill, Senior Account Manager REVISED November 27, 2023 Page 23 of 24 (\\f-mfs-01.fordav.com\sales\Sales\08 HOU\HILLD\CBTXBEA1 Multiple Projects\CBTXBEA1 281539 Police RTCC build Contract\Proposal-Final\scjw-HILLD-CBTXBEA1- 281539-Police RTCC.Rev1.docx, 11/27/2023 9:59 AM) Page 23 of 24 PROPRIETARY INFORMATION. The information contained herein is for use by authorized employees of the parties hereto and is not for general distribution within or outside their respective companies. We appreciate the opportunity to work with you on this project. If you have any questions or need additional information, please contact me at 713-690-0555. Sincerely, FORD AUDIO-VIDEO SYSTEMS, LLC Douglas Hill Senior Account Manager Voice: 713-690-0555 E-mail: hilld@fordav.com Website: www.fordav.com City of Beaumont Ford Audio-Video Systems, LLC Police RTCC Submitted By: Douglas Hill, Senior Account Manager REVISED November 27, 2023 Page 24 of 24 (\\f-mfs-01.fordav.com\sales\Sales\08 HOU\HILLD\CBTXBEA1 Multiple Projects\CBTXBEA1 281539 Police RTCC build Contract\Proposal-Final\scjw-HILLD-CBTXBEA1- 281539-Police RTCC.Rev1.docx, 11/27/2023 9:59 AM) Page 24 of 24 PROPRIETARY INFORMATION. The information contained herein is for use by authorized employees of the parties hereto and is not for general distribution within or outside their respective companies. SYSTEM INSTALLATION AGREEMENT Between CITY OF BEAUMONT and FORD AUDIO-VIDEO SYSTEMS, LLC This is to signify that City of Beaumont and Ford Audio-Video Systems, LLC have entered into a contract, in the amount of $394,427.00, for the purchase and installation of equipment and services described in the attached proposal. OPTION 1 – SIDE VIDEO WALL: $99,385.00 __________________________ Customer Accepts OPTION 2 – SIDE WALL LARGE DISPLAYS: $20,607.00 __________________________ Customer Accepts OPTION 3 – SAU DISPLAY SYSTEM $8,678.00 __________________________ CONNECTIVITY: Customer Accepts OPTION 4 – EOC CONFERENCE ROOMS A & B: $42,805.00 __________________________ Customer Accepts OPTION 5 AV OVER IP INTEGRATION: $27,536.00 __________________________ Customer Accepts Year 2 only Extended Warranty: $10,829.00 __________________________ Customer Accepts Year 2 & 3 Extended Warranty: $22,452.00 __________________________ Customer Accepts City of Beaumont and Ford Audio-Video Systems, LLC, by and through their respective signatories to the Agreement, each represent to the other that they are authorized to enter into this Agreement. We do both agree to abide by the terms and conditions of this Agreement. FORD AUDIO-VIDEO SYSTEMS, LLC CITY OF BEAUMONT _________________________________ _________________________________ Douglas Hill Authorized Signature Senior Account Manager _________________________________ _________________________________ Christopher Ford, E.E. Printed Name and Title Vice President _________________________________ _________________________________ Date Date 2 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: December 12, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 1 and authorize final payment to Vortex Companies, for the East Lucas Street Storm Sewer Survey and Inspection project. BACKGROUND On July 11, 2023, by Resolution No. 23-183, City Council awarded a contract to Vortex Companies, of Houston, in the amount of $69,667.00 for the inspection, cleaning, and survey of the steel arch storm sewer on East Lucas Street. Proposed Change Order No. 1, in the amount of ($3,375.00), is required to deduct 1 day of traffic control and barricading that was not needed by the Contractor in order to complete the work on this project. If approved, the adjustment in quantities would result in a final contract amount of $66,292.00. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of Change Order No. 1, and final payment in the amount of $66,292.00 is recommended. FUNDING SOURCE Certificates of Obligation. RECOMMENDATION Approval of the resolution. ATTACHMENTS East Lucas Storm Line Inspection and Repair CO1 Final. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on July 11, 2023, Council approved Resolution 23-183 awarding Vortex Companies, of Houston, Texas in the amount of $69,667.00 for the East Texas Street Storm Survey and Inspection Project; and, WHEREAS, Change Order No. 1, in the amount of ($3,375.00), is required to deduct 1 day of traffic control and barricading that was not needed by the Contractor in order to complete the work on this project, thereby decreasing the total contract amount to $66,292.00; and, WHEREAS, the project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 1 in the amount of ($3,375.00) for work described above, thereby decreasing the total contract amount to $66,292.00 for the East Texas Street Storm Survey and Inspection Project; and, BE IT FUTHER RESOLVED THAT, the City manager is hereby authorized to make final payment in the amount of $66,292.00 to Vortex Companies, of Houston, Texas. 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 12th day of December, 2023. _______________________________ - Mayor Roy West - CITYOFBEAUMONT.PROJECTMATES.COM Change Order #001.001 East Lucas Storm Line Inspection and Repair, 801 main street, Beaumont, Texas 77701 USA Monday, Dec 04, 2023 Change Order Details Grand Total: ($3,375.00) Description Change Order No. 1 - Final Division 01 - General Requirements Scope of Work This change order is needed to deduct 1 day of traffic control and barricading that was not needed by the contractor to complete the work. Awarded to Jacob Nix (Vortex Turnkey Solutions LLC), 27958 Created By David Tingle (City of Beaumont) Create Date Nov 28, 2023 11:52 AM CST Reason Code Quantity Adjustment Days Changed 0 Additional Info Line Item Type Unit price Group 3.0 Construction Dates Created On Nov 28, 2023 Capital Planning Capital Planning Construction - East Lucas Storm Line Inspection and GPR Capital Project Fiscal Year 2024 Accounting Item Id 483 PO Number 441273 Accounting Project Code STLS24 Summary Original Contract Sum 69,667.00 Net Cost by Previous Approved Change Order 0.00 Contract Sum Before This Change Order 69,667.00 Contract Sum Changed By This Change Order -3,375.00 New Contract Sum 66,292.00 Substantial Completion Date N/A Net Time Change By Previous Change Order 0 day(s) Substantial Completion Before This Change Order N/A Time Changed By This Change Order 0 day(s) New Substantial Completion Date N/A All Change Orders of the Original Contract -4.8444744283520174544619403700% Line Items Item # Account Code WBS/ Section Description Quantity UoM Unit Price Total Amount Contract Items 011 001 001 BARRICADES, SIGNS, AND TRAFFIC HANDLING -1.00 EACH 3,375.00 -3,375.00 Total -3,375.00 Approval (Approved) User / Role Status Comments Jacob Nix (External-GC) Approved Dec 01, 2023 09:03 AM CST David Tingle (Project Manager) Approved Dec 01, 2023 09:13 AM CST Amalia "Molly" Villarreal (City Engineer) Approved Dec 01, 2023 09:39 AM CST Bart Bartkowiak (Director) Approved Dec 01, 2023 09:57 AM CST User / Role Status Comments Crystal Garza (Admin) Approved Dec 04, 2023 07:26 AM CST pmnotiﬁcations@systemates.com 214.217.4100 https://support.projectmates.com © 2023 Projectmates / Systemates, Inc. 2435 N Central Expy Richardson, TX 75080 CITYOFBEAUMONT.PROJECTMATES.COM Invoice #001.001 - Final for Invoices/Pay Apps East Lucas Storm Line Inspection and Repair, 801 main street, Beaumont, Texas 77701 USA Monday, Dec 04, 2023 Invoice Details Amount Due: 66,292.00 Contract Contract - 001 East Lucas Storm Sewer Inspection and GPR Invoice # 001.001 - Final Description Vortex Turnkey Solutions LLC - East Lucas Storm Sewer Inspection and GPR Invoice Date Dec 04, 2023 Pay Period Aug 01, 2023 to Nov 30, 2023 Final Invoice Yes Grand Total $66,292.00 Payment To Jacob Nix 27958 (Vortex Turnkey Solutions LLC) Created By Crystal Garza (City of Beaumont) Create Date Dec 04, 2023 09:49 AM CST Invoice ID 876 Retainage Work Completed % 0.00 Materials Stored % 0.00 Line Items Item # Account Code WBS/ Section Description Contract Total Previous Payments Quantity UoM Unit Price Work Completed (WC) Materials Stored (MS) Total Amount Change Order No. 1 - Final - Contract Items 011 001 001 BARRICADES, SIGNS, AND -1.00 @ 3,375.00 = -3,375.00 0.00 0.00 EACH 3,375.00 -3,375.00 0.00 -3,375.00 Grand Total 66,292.00 Item # Account Code WBS/ Section Description Contract Total Previous Payments Quantity UoM Unit Price Work Completed (WC) Materials Stored (MS) Total Amount TRAFFIC HANDLING Contract Items 011 001 001 BARRICADES, SIGNS, AND TRAFFIC HANDLING 5.00 @ 3,375.00 = 16,875.00 0.00 0.00 EACH 3,375.00 16,875.00 0.00 16,875.00 A8 001 001 SEWER MAIN TELEVISION INSPECTION (96" THROUGH 108" DIAMETER) - INCLUDES GO PRO AND GPR 9,600.00 @ 5.25 = 50,400.00 0.00 0.00 LF 5.25 50,400.00 0.00 50,400.00 ALT 1A - P15 001 001 TRAVEL AND MOBILIZATION - TML REGION 16 0.50 @ 4,784.00 = 2,392.00 0.00 0.00 EACH 4,784.00 2,392.00 0.00 2,392.00 Grand Total 66,292.00 Summary 1. Contract Sum + Amendments 69,667.00 2. New Change by Change Request -3,375.00 3. Contract Sum To Date (Line 1 + Line 2) 66,292.00 4. Total Completed & Stored To Date 66,292.00 Additional Info Line Item Type Unit price Group 3.0 Construction Accounting and Status Capital Funding Source Construction - East Lucas Storm Line Inspection and GPR Capital Project Fiscal Year 2024 PO Number 441273 Accounting Project Code STLS24 Approval (Approved) User / Role Status Comments David Tingle (Project Manager) Approved Dec 04, 2023 10:14 AM CST Amalia "Molly" Villarreal (City Engineer) Approved Dec 04, 2023 10:16 AM CST Bart Bartkowiak (Director) Approved Dec 04, 2023 10:19 AM CST Crystal Garza (Admin) Approved Dec 04, 2023 10:34 AM CST pmnotiﬁcations@systemates.com 214.217.4100 https://support.projectmates.com © 2023 Projectmates / Systemates, Inc. 2435 N Central Expy Richardson, TX 75080 3 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: December 12, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 1 and authorize final payment to Vortex Companies, for the 102” Storm Sewer Outfall Survey and Inspection project. BACKGROUND On July 11, 2023, by Resolution No. 23-183, City Council awarded a contract to Vortex Companies, of Houston, in the amount of $29,092.00 for the inspection, cleaning, and survey of the 102” storm sewer outfall line in the Port of Beaumont. Proposed Change Order No. 1, in the amount of ($6,750.00), is required to deduct 2 days of traffic control and barricading that were not needed by the Contractor in order to complete the work on this project. If approved, the adjustment in quantities would result in a final contract amount of $22,342.00. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of Change Order No. 1, and final payment in the amount of $22,342.00 is recommended. FUNDING SOURCE Certificates of Obligation. RECOMMENDATION Approval of the resolution. ATTACHMENTS 102 inch outfall on Grant Street Inspection CO1 Final. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on July 11, 2023, Council approved Resolution 23-183 awarding Vortex Companies, of Houston, Texas in the amount of $29,092.00 for the 102” Storm Sewer Outfall Survey and Inspection Project; and, WHEREAS, Change Order No. 1, in the amount of ($6,750.00), is required to deduct two (2) days of traffic control and barricading that was not needed by the Contractor in order to complete the work on this project, thereby decreasing the total contract amount to $22,342.00; and, WHEREAS, the project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 1 in the amount of ($6,750.00) for work described above, thereby decreasing the total contract amount to $22,342.00 for the 102” Storm Sewer Outfall Survey and Inspection Project; and, BE IT FUTHER RESOLVED THAT, the City manager is hereby authorized to make final payment in the amount of $22,342.00 to Vortex Companies, of Houston, Texas. 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 12th day of December, 2023. _______________________________ - Mayor Roy West - CITYOFBEAUMONT.PROJECTMATES.COM Change Order #001.001 102 inch outfall on Grant Street Inspection, 801 main street, Beaumont, Texas 77701 USA Monday, Dec 04, 2023 Change Order Details Grand Total: ($6,750.00) Description Change Order No. 1 - Final Division 01 - General Requirements Scope of Work This change order is needed to deduct the 2 days of traffic control and barricading that were not needed due to the contractor being able to perform the work outside of the roadway. Awarded to Jacob Nix (Vortex Turnkey Solutions LLC), 27958 Created By David Tingle (City of Beaumont) Create Date Nov 28, 2023 11:48 AM CST Reason Code Quantity Adjustment Days Changed 0 Additional Info Line Item Type Unit price Group 3.0 Construction Dates Created On Nov 28, 2023 Capital Planning Capital Planning Construction - 102 inch outfall on Grant Street Inspection Capital Project Fiscal Year 2024 Accounting Item Id 482 Accounting Project Code STLS24 Summary Original Contract Sum 29,092.00 Net Cost by Previous Approved Change Order 0.00 Contract Sum Before This Change Order 29,092.00 Contract Sum Changed By This Change Order -6,750.00 New Contract Sum 22,342.00 Substantial Completion Date N/A Net Time Change By Previous Change Order 0 day(s) Substantial Completion Before This Change Order N/A Time Changed By This Change Order 0 day(s) New Substantial Completion Date N/A All Change Orders of the Original Contract -23.202254915440670974838443560% Line Items Item # Account Code WBS/ Section Description Quantity UoM Unit Price Total Amount Contract Items 011 001 001 BARRICADES, SIGNS, AND TRAFFIC HANDLING (PER SETUP) -2.00 EACH 3,375.00 -6,750.00 Total -6,750.00 Approval (Approved) User / Role Status Comments Jacob Nix (External-GC) Approved Dec 01, 2023 09:02 AM CST David Tingle (Project Manager) Approved Dec 01, 2023 09:13 AM CST Amalia "Molly" Villarreal (City Engineer) Approved Dec 01, 2023 09:39 AM CST Bart Bartkowiak (Director) Approved Dec 01, 2023 09:57 AM CST User / Role Status Comments Crystal Garza (Admin) Approved Dec 04, 2023 07:26 AM CST pmnotiﬁcations@systemates.com 214.217.4100 https://support.projectmates.com © 2023 Projectmates / Systemates, Inc. 2435 N Central Expy Richardson, TX 75080 CITYOFBEAUMONT.PROJECTMATES.COM Invoice #001.001 - Final for Invoices/Pay Apps 102 inch outfall on Grant Street Inspection, 801 main street, Beaumont, Texas 77701 USA Monday, Dec 04, 2023 Invoice Details Amount Due: 22,342.00 Contract Contract - 001 102 INCH OUTFALL STORM SEWER GPR AND TV INSPECTION Invoice # 001.001 - Final Description Vortex Turnkey Solutions LLC - 102 INCH OUTFALL STORM SEWER GPR AND TV INSPECTION Invoice Date Dec 04, 2023 Pay Period Aug 01, 2023 to Nov 30, 2023 Final Invoice Yes Grand Total $22,342.00 Payment To Jacob Nix 27958 (Vortex Turnkey Solutions LLC) Created By Crystal Garza (City of Beaumont) Create Date Dec 04, 2023 08:08 AM CST Invoice ID 874 Retainage Work Completed % 0.00 Materials Stored % 0.00 Line Items Item # Account Code WBS/ Section Description Contract Total Previous Payments Quantity UoM Unit Price Work Completed (WC) Materials Stored (MS) Total Amount Change Order No. 1 - Final - Contract Items 011 001 001 BARRICADES, SIGNS, AND TRAFFIC -2.00 @ 3,375.00 = -6,750.00 0.00 0.00 EACH 3,375.00 -6,750.00 0.00 -6,750.00 Grand Total 22,342.00 Item # Account Code WBS/ Section Description Contract Total Previous Payments Quantity UoM Unit Price Work Completed (WC) Materials Stored (MS) Total Amount HANDLING (PER SETUP) Contract Items 011 001 001 BARRICADES, SIGNS, AND TRAFFIC HANDLING (PER SETUP) 2.00 @ 3,375.00 = 6,750.00 0.00 0.00 EACH 3,375.00 6,750.00 0.00 6,750.00 A8 001 001 SEWER MAIN TELEVISION INSPECTION (96" THROUGH 108" DIAMETER) - INCLUDES GO PRO VIDEO INSPECTION AND 3,800.00 @ 5.25 = 19,950.00 0.00 0.00 LF 5.25 19,950.00 0.00 19,950.00 ALT 1a - P15 001 001 TRAVEL AND MOBILIZATION - TML REGION 16 0.50 @ 4,784.00 = 2,392.00 0.00 0.00 EACH 4,784.00 2,392.00 0.00 2,392.00 Grand Total 22,342.00 Summary 1. Contract Sum + Amendments 29,092.00 9. Balance to Finish, Including Retainage (Line 3 less Line 6) 0.00 Additional Info Line Item Type Unit price Group 3.0 Construction Accounting and Status Capital Funding Source Construction - 102 inch outfall on Grant Street Inspection Capital Project Fiscal Year 2024 PO Number 441700 Accounting Project Code STLS24 Approval (Approved) User / Role Status Comments David Tingle (Project Manager) Approved Dec 04, 2023 10:12 AM CST Amalia "Molly" Villarreal (City Engineer) Approved Dec 04, 2023 10:16 AM CST Bart Bartkowiak (Director) Approved Dec 04, 2023 10:18 AM CST Crystal Garza (Admin) Approved Dec 04, 2023 10:33 AM CST pmnotiﬁcations@systemates.com 214.217.4100 https://support.projectmates.com © 2023 Projectmates / Systemates, Inc. 2435 N Central Expy Richardson, TX 75080 4 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: December 12, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 4, accept maintenance, and authorize final payment to To-Mex Construction, LLC, from Houston, for the Basin 38 and Surrounding Area Pipe Bursting Contract Project. BACKGROUND On September 28, 2021, by Resolution No. 21-234, City Council awarded a contract to To-Mex Construction, LLC, from Houston, in the amount of $1,700,077.50, for the Basin 38 and Surrounding Area Pipe Bursting Contract Project. Previous Change Order Nos. 1-3 in the amount of $6,113.02 are attached for your review. Proposed Change Order No. 4, in the amount of ($296,116.60), is required to adjust the estimated quantities in the contract to reflect the actual quantities used and the addition of 147 calendar days to reflect the actual time used in the completion of the project. The adjustment in quantities is due to unknowns during the design and later discovering satisfactory pre-existing conditions during construction. The time extension is to account for supply chain issues with fiberglass manholes, delays due to obstructions from other utilities, and To-Mex crews shifting to assist the City on the Calder Place Emergency Pipe Bursting Project. If approved, the final contract amount will be $1,410,073.92. The project has been inspected by Water Utilities Staff and found to be complete in accordance with the provisions and terms set out in the contract. Acceptance of Change Order No. 4, maintenance, and final payment in the amount of $80,644.57 is recommended. FUNDING SOURCE American Rescue Fund - Sewer Main Repair. RECOMMENDATION Approval of the resolution. ATTACHMENTS Final Change Order No. 4 and Final Invoice #001.014 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on September 28, 2021, Council approved Resolution 21-234 awarding To- Mex Construction, LLC, of Houston, Texas in the amount of $1,700,077.50 for the Basin 38 and Surrounding Area Pipe Bursting Contract Project; and, WHEREAS, Change Orders Nos. 1-3 in the amount of $6,113.02 increased the total contract amount to $1,706,190.52; and, WHEREAS, Change Order No. 4, in the amount of ($296,116.60), is required to adjust the estimated quantities in the contract to reflect the actual quantities used and the addition of 147 calendar days to reflect the actual time used in the competition of the project, thereby decreasing the total contract amount to $1,410,073.92; and, WHEREAS, the project has been inspected by the Water Utilities Staff and found to be complete in accordance with the provisions and terms set forth in the contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 4 in the amount of ($296,116.60) for work described above, thereby decreasing the total contract amount to $1,410,073.92 for the Basin 38 and Surrounding Area Pipe Bursting Contract Project and, BE IT FUTHER RESOLVED THAT, the City manager is hereby authorized to make final payment in the amount of $80,644.57 to To-Mex Construction, LLC, of Houston, Texas. 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 12th day of December, 2023. _______________________________ - Mayor Roy West - 2. New Change by Change Request -6,750.00 3. Contract Sum To Date (Line 1 + Line 2) 22,342.00 4. Total Completed & Stored To Date 22,342.00 5. Retainage 5a. 0.00% of Completed Work (Column I on Continuation Sheet) 0.00 5b. 0.00% of Stored Material (Column J on Continuation Sheet) 0.00 Total Retainage (5a + 5b) 0.00 6. Total Earned Less Total Retainage 22,342.00 7. Less Previous Certificates for Payment 0.00 8. Current Amount Due 22,342.00 5. Retainage 5a. 0.00% of Completed Work (Column I on Continuation Sheet) 0.00 5b. 0.00% of Stored Material (Column J on Continuation Sheet) 0.00 Total Retainage (5a + 5b) 0.00 6. Total Earned Less Total Retainage 66,292.00 7. Less Previous Certificates for Payment 0.00 8. Current Amount Due 66,292.00 9. Balance to Finish, Including Retainage (Line 3 less Line 6) 0.00 Contract - 001.004 27-Nov-2023 11:53 AM CST BASIN 38 PIPE BURSTING PROJECT 1350 Langham Beaumont, TX 77701 Project Number: WU0421-19 001.004: 001.004: Change Order No. 4 Grand Total: $-296,116.60 For 001 Basin 38 & Surrounding Area Pipe Bursting Project Division 33 Line Item Type Unit price Group 4.0 Equipment/Closeout Scope of Work Change Order No. 4 is being requested to adjust for additional quantities used in completing the project and removing the quantities that were not used. The project has been completed and inspected by City staff. Additional quantities were underestimated or found to be required in the field. The items removed were either overestimated or found to be in satisfactory condition during construction. One hundred forty-seven (147) additional calendar days are requested to account for supply chain issues with fiberglass manholes, delays due to other utilities obstructing progress, and the crew being pulled to assist on the Calder Place Emergency Pipe Bursting Project. Notes Awarded To To-Mex Construction LLC Maribel Torres Reason Code Quantity Adjustment Days 147 Changed Attachments Updated Pending Pay Items for Basin 38_11.07.23.pdf Updated Pending Pay Items for Basin 38_11.07.23.xlsx Change Order Summary Original Contract Sum 1,700,077.50 Substantial Completion Date 6,113.02 Net Time Change By Previous COs 1,706,190.52 Substantial Completion before This CO -296,116.60 Time Changed By This CO 22-Nov-2022 Net Cost by Previous Approved COs 23 days Contract Sum Before This CO 15-Dec-2022 Contract Sum Changed By This CO 147 days New Contract Sum 1,410,073.92 New Substantial Completion Date 11-May-2023 All Change Orders make up -17.06% of the Original Contract Accounting and Status Accounting Status Item Id 477 PO Number 430949 WWC019 FEMA Number Accounting Project Code Custom Accounting Field 05 Custom Accounting Field 07 Custom Accounting Field 04 Custom Accounting Field 06 Custom Accounting Field 08 Line Items Item # WBS/ Unit Total Account Code Section Description Quantity UoM Price Amount 3.0 Construction 002 GC 01000 01000 01000 01000 01000 01000 01000 01000 FULL DEPTH REPAIR OF SIDE WALK (5") FULL DEPTH REPAIR OF DRIVEWAY (6") FULL DEPTH REPAIR OF CONCRETE PAVEMENT (10") FLEXIBLE PAVEMENT STRUCTURE REPAIR (4") TRENCH EXCAVATION PROTECTION -19.23 SY -100.00 SY -38.34 SY 65.00 65.00 80.00 65.33 1.50 -1,249.95 -6,500.00 -3,067.20 2,309.42 -1,794.00 -2,400.00 -7,000.00 CONSTRUCTION 003 GG CONSTRUCTION 004 GC CONSTRUCTION 005 GC CONSTRUCTION 35.35 SY 006 GC CONSTRUCTION -1,196.00 LF -1,200.00 LF -20.00 EACH -113.00 EACH 008 GC Item # WBS/ Unit Total Account Code Section Description Quantity UoM Price Amount 017 GC CONSTRUCTION 01000 01000 01000 01000 01000 EXTRA DEPTH NEW OR REPLACEMENT STD. MANHOLE, OVER 8' DEPTH (PRE-CAST CONCRETE OR FIBERGLASS) -96.00 VF 35.00 -3,360.00 019 GC CONSTRUCTION PIPE BURSTING 6"-8" SEWER TO 8.625" OD, ALL DEPTHS PIPE BURSTING 10" SEWER TO 10.75" OD, ALL DEPTHS PIPE BURSTING 15" SEWER TO 16.0" OD, ALL DEPTHS POINT REPAIR -3,488.00 LF -246.00 LF 5.00 LF 35.63 -124,277.44 020 GC CONSTRUCTION 38.98 -9,589.08 021 GC 676.65 CONSTRUCTION 135.33 025 GC CONSTRUCTION 1.00 EACH 3,800.00 3,800.00 Total -296,116.60 Grand Total: -296,116.60 Approval Pending Due: 4-Dec-2023 Name or Role Status Actions 1 2 3 4 5 External-GC Approved Maribel Torres 16-Nov-2023 03:22 PM CST Project Manager City Engineer Director Approved Kevin Young 20-Nov-2023 08:01 AM CST Approved Amalia "Molly" Villarreal 20-Nov-2023 11:13 AM CST Approved Bart Bartkowiak 27-Nov-2023 08:40 AM CST Admin Pending Created by: Kevin Young on 13-Nov-2023 Last Modified by: Bart Bartkowiak on 27-Nov-2023 Contract # 001.003 05-Sep-2023 07:39 AM CST BASIN 38 PIPE BURSTING PROJECT 1350 Langham Beaumont, TX 77701 Project Number: WU0421-19 001.003: 001.003: Change Order No. 3 Grand Total: $-7,025.98 For 001 Basin 38 & Surrounding Area Pipe Bursting Project Division 33 Line Item Type Unit price Group 3.0 Construction Scope of Work Change Order No. 3 will reflect a decrease in the amount of $7,025.98 and is requested to add additional quantities to four (4) bid items and subtract quantities from one (1) bid item to reflect actual quantities used in the field. Additional asphalt repair and pipe removal were added due to underestimating the quantity at the time of design. Fiberglass manholes were substituted for pre-cast manholes based on their field location. Notes Awarded To To-Mex Construction LLC Maribel Torres Reason Code Quantity Adjustment Days 0 Changed Attachments Pending Pay Items for Basin 38.pdf Change Order Summary Original Contract Sum 1,700,077.50 Substantial Completion Date 13,139.00 Net Time Change By Previous COs 1,713,216.50 Substantial Completion before This CO -7,025.98 Time Changed By This CO 22-Nov-2022 Net Cost by Previous Approved COs 23 days Contract Sum Before This CO 15-Dec-2022 Contract Sum Changed By This CO 0 days New Contract Sum 1,706,190.52 New Substantial Completion Date 15-Dec-2022 All Change Orders make up 0.36% of the Original Contract Accounting and Status Accounting Status Item Id 443 PO Number 430949 WWC019 FEMA Number Accounting Project Code Custom Accounting Field 05 Custom Accounting Field 07 Custom Accounting Field 04 Custom Accounting Field 06 Custom Accounting Field 08 Line Items Item # WBS/ Unit Total Account Code Section Description Quantity UoM Price Amount 3.0 Construction 005 GC 01000 01000 01000 FLEXIBLE PAVEMENT STRUCTURE REPAIR (4") 5.66 SY 65.33 369.77 CONSTRUCTION 013 GC CONSTRUCTION REMOVE & REPLACE OR INSTALL NEW STD. FIBERGLASS MANHOLE, LESS THAN 5' DEPTH (ALL JOINTS & CONNECTS) 8.00 EACH 3,833.00 30,664.00 016 GC CONSTRUCTION REMOVE & REPLACE OR INSTALL NEW STD. PRE-CAST CONCRETE MANHOLE, 5' TO 8' DEPTH (ALL JOINTS&CONNECTS -8.00 EACH 4,826.00 -38,608.00 018 GC CONSTRUCTION 01000 01000 ABANDON MANHOLE REMOVE 5" PIPE 1.00 EACH 6.00 LF 500.25 8.00 500.25 023 GC CONSTRUCTION 48.00 Total -7,025.98 Grand Total: -7,025.98 Approval Approved Due: 23-Aug-2023 Name or Role Status Actions 1 2 3 4 5 External-GC Approved Maribel Torres 15-Aug-2023 12:45 PM CST Project Manager Name or Role Status Actions 6 7 Assistant City Manager Approved June Ellis 16-Aug-2023 11:08 AM CST City Clerk Approved Tina Broussard 16-Aug-2023 11:25 AM CST Created by: Kevin Young on 14-Aug-2023 Last Modified by: Tina Broussard on 16-Aug-2023 Contract # 001.002 23-Mar-2023 10:34 AM CST BASIN 38 PIPE BURSTING PROJECT 1350 Langham Beaumont, TX 77701 Project Number: WU0421-19 001.002: Change Order No. 2 Grand Total: $8,800.00 For 001 Basin 38 & Surrounding Area Pipe Bursting Project Division 33 Line Item Type Unit price Group 3.0 Construction Scope of Work Change Order No. 2 will add two (2) additional bid items not originally a part of the project, to safely maneuver around other utilities and due to unforeseen site conditions. Item 24 to excavate approximately 20’ on each side of MH-251 to relocate a safe distance away from Entergy’s power pole, and Item 25 for a point repair required to work around a storm drain manhole on Map 6. Notes Awarded To To-Mex Construction LLC Maribel Torres Reason Code Unforseen Site Conditions Days 8 Changed Attachments B38 Map 5 & 6.pdf EXTERNAL Basin 38 Quote.pdf Change Order Summary Original Contract Sum 1,700,077.50 Substantial Completion Date 4,339.00 Net Time Change By Previous COs 1,704,416.50 Substantial Completion before This CO 8,800.00 Time Changed By This CO 22-Nov-2022 Net Cost by Previous Approved COs 15 days Contract Sum Before This CO 7-Dec-2022 Contract Sum Changed By This CO 8 days New Contract Sum 1,713,216.50 New Substantial Completion Date 15-Dec-2022 All Change Orders make up 0.77% of the Original Contract Accounting and Status Accounting Status Item Id 353 PO Number 430949 WWC019 FEMA Number Accounting Project Code Custom Accounting Field 05 Custom Accounting Field 07 Custom Accounting Field 04 Custom Accounting Field 06 Custom Accounting Field 08 Line Items Item # Account Code 3.0 Construction WBS/ Section Description Quantity UoM Unit Price Total Amount 024 GC CONSTRUCTION GC CONSTRUCTION 01000 01000 20' EXCAVATION ON SIDE OF MANHOLE POINT REPAIR 2.00 EACH 1.00 EACH 2,500.00 3,800.00 5,000.00 025 3,800.00 Total 8,800.00 Grand Total: 8,800.00 Approval Approved Due: 30-Mar-2023 Name or Role External-GC Status Actions 1 2 3 4 5 6 7 Approved Maribel Torres 15-Feb-2023 09:44 AM CST Project Manager City Engineer Director Approved John Pippins 15-Feb-2023 02:25 PM CST Approved Amalia "Molly" Villarreal 21-Feb-2023 01:09 PM CST Approved Bart Bartkowiak 22-Feb-2023 09:22 AM CST Admin Approved Dara Woodruff 22-Feb-2023 09:54 AM CST June Ellis Approved City of Beaumont June Ellis 22-Mar-2023 04:37 PM CST City Clerk Approved Tina Broussard 23-Mar-2023 09:44 AM CST Created by: Kevin Young on 10-Feb-2023 Last Modified by: Tina Broussard on 23-Mar-2023 City Engineer Director Approved John Pippins 15-Aug-2023 01:19 PM CST Approved Amalia "Molly" Villarreal 15-Aug-2023 01:24 PM CST Approved Bart Bartkowiak 16-Aug-2023 09:04 AM CST Admin Approved Dara Woodruff 16-Aug-2023 09:09 AM CST Invoice # 001.014 04-Dec-2023 09:54 AM CST BASIN 38 PIPE BURSTING PROJECT 1350 Langham Beaumont, TX 77701 Project Number: WU0421-19 001.014: To-Mex Construction LLC - Basin 38 & Surrounding Area Pipe Bursting Project Amount Due: $80,644.57 For Contract Date Contract - 001 Basin 38 & Surrounding Area Pipe Bursting Project 27-Nov-2023 Line Item Type Unit price Group 3.0 Construction Pay Period Retainage Payment To 01-Jun-2023 to 27-Nov-2023 WC 5.00 - MS 0.00 To-Mex Construction LLC Maribel Torres Date Due Terms Attachments Line Items Work Materials Unit Completed Stored (MS) Item WBS/ Contract Total Previous % WC % MS # Account Code Section Description Payments Quantity UoM Price (WC) Total Retainage Retainage 001.003: Change Order No. 3 - 3.0 Construction 005 GC CONSTRUCTION 01000 FLEXIBLE PAVEMENT 5.66 @ 65.33 369.77 0.00 SY 65.33 0.00 0.00 0.00 369.77 0.00 0.00 0.00 0.00 STRUCTURE REPAIR (4") 013 GC CONSTRUCTION 01000 REMOVE & REPLACE OR 8.00 @ 30,664.00 0.00 EACH 3,833.00 0.00 30,664.00 3,833.00 INSTALL NEW STD. FIBERGLASS MANHOLE, LESS THAN 5' DEPTH (ALL JOINTS & CONNECTS) 016 GC CONSTRUCTION Work Materials Item # WBS/ Contract Total Previous Unit Completed Stored (MS) % WC % MS Account Code Section Description Payments Quantity UoM Price (WC) Total Retainage Retainage 001.004: Change Order No. 4 - 3.0 Construction 002 GC CONSTRUCTION 01000 FULL DEPTH REPAIR OF SIDE WALK (5") -19.23 @ 65.00 0.00 0.00 0.00 0.00 SY 0.00 SY 0.00 SY 65.00 -1,249.95 0.00 0.00 0.00 -1,249.95 -6,500.00 -3,067.20 0.00 0.00 0.00 0.00 0.00 0.00 003 GG CONSTRUCTION 01000 FULL DEPTH REPAIR OF -100.00 @ 65.00 65.00 80.00 -6,500.00 -3,067.20 DRIVEWAY (6") 004 GC CONSTRUCTION 01000 FULL DEPTH REPAIR OF -38.34 @ 80.00 CONCRETE PAVEMENT (10") 005 GC CONSTRUCTION 01000 FLEXIBLE PAVEMENT 35.35 @ 65.33 Work Materials Item # WBS/ Contract Total Previous Unit Completed Price (WC) Stored (MS) % WC % MS Account Code Section Description Payments Quantity UoM Total Retainage Retainage 015 GC CONSTRUCTION 01000 REMOVE & REPLACE OR -7.00 @ 4,826.00 0.00 0.00 EACH 4,826.00 -33,782.00 0.00 0.00 0.00 -33,782.00 -19,304.00 -3,360.00 0.00 0.00 INSTALL NEW STD. PRE-CAST CONCRETE MANHOLE, < 5' DEPTH (ALL JOINTS & CONNECTS) 016 GC CONSTRUCTION 01000 REMOVE & -4.00 @ 4,826.00 0.00 0.00 EACH 4,826.00 -19,304.00 0.00 0.00 REPLACE OR INSTALL NEW STD. PRE-CAST CONCRETE MANHOLE, 5' TO 8' DEPTH (ALL JOINTS&CONNECTS 017 GC CONSTRUCTION 01000 EXTRA DEPTH NEW OR REPLACEMENT STD. MANHOLE, OVER 8' DEPTH (PRE-CAST -96.00 @ 35.00 0.00 0.00 VF 35.00 -3,360.00 0.00 0.00 CONCRETE OR FIBERGLASS) 019 GC CONSTRUCTION 01000 PIPE BURSTING 6"-8" SEWER TO 8.625" OD, ALL -3,488.00 @ Work Materials Item # WBS/ Contract Total Previous Unit Completed Stored (MS) % WC % MS Account Code Section Description Payments Quantity UoM Price (WC) Total Retainage Retainage 007 GC CONSTRUCTION 01000 BARRICADES, SIGNS AND 1.00 @ 1,535.00 0.00 LS 1,535.00 0.00 0.00 0.00 1,535.00 2,400.00 0.00 0.00 0.00 0.00 1,535.00 TRAFFIC HANDLING 008 GC CONSTRUCTION 01000 CHAIN LINK & WOODEN FENCES, 1,200.00 @ 2.00 0.00 0.00 LF 2.00 2,400.00 AND GATES, WITH PROJECT MANAGERS APPROVAL 009 GC CONSTRUCTION 01000 CLEAN & TELEVISE SEWER ALL SIZES & DEPTHS, AS 2,400.00 @ 3.60 8,640.00 0.00 LF 3.60 0.00 0.00 0.00 8,640.00 0.00 0.00 DIRECTED BY THE OWNERS 010 GC CONSTRUCTION 01000 OBSTRUCTION REMOVAL BY 75.00 @ 350.00 19,250.00 0.00 EACH 350.00 0.00 EACH 545.00 7,000.00 26,250.00 0.00 0.00 0.00 0.00 EXCAVATION, ALL SIZES, ALL DEPTHS, Work Materials Item # WBS/ Contract Total Previous Unit Completed Stored (MS) % WC % MS Account Code Section Description Payments Quantity UoM Price (WC) Total Retainage Retainage 017 GC CONSTRUCTION 01000 EXTRA DEPTH NEW OR REPLACEMENT STD. MANHOLE, OVER 8' DEPTH (PRE-CAST 100.00 @ 35.00 140.00 0.00 VF 35.00 3,360.00 0.00 3,500.00 0.00 0.00 CONCRETE OR FIBERGLASS) 018 GC CONSTRUCTION 01000 ABANDON MANHOLE 3.00 @ 500.25 1,500.75 0.00 EACH 500.25 0.00 0.00 1,500.75 0.00 0.00 0.00 019 GC 0.00 CONSTRUCTION 01000 PIPE BURSTING 6"-8" SEWER TO 8.625" OD, ALL 21,900.00 @ 656,019.56 35.63 0.00 LF 35.63 124,277.44 0.00 780,297.00 DEPTHS 020 GC CONSTRUCTION 01000 PIPE BURSTING 10" SEWER TO 10.75" 2,100.00 @ 38.98 72,268.92 50,748.75 0.00 LF 0.00 LF 38.98 9,589.08 0.00 0.00 81,858.00 50,748.75 0.00 0.00 0.00 0.00 OD, ALL DEPTHS 021 GC CONSTRUCTION Change Order Summary NET CHANGE by Change Order $-290,003.58 DEDUCTIONS -38,608.00 ADDITIONS 44,721.02 10,619.07 55,340.09 Total changes approved in previous pay periods Total approved this pay period TOTAL -306,735.67 -345,343.67 Accounting and Payment Status Invoice Id 866 Payment Status Check #s Paid Date Paid Amount $ 0.00 PO Number 430949 FEMA Number Accounting Project Code Custom Accounting Field 05 Custom Accounting Field 07 WWC019 Custom Accounting Field 04 Custom Accounting Field 06 Custom Accounting Field 08 Approval Pending Due: 6-Dec-2023 Name or Role Status Actions 1 2 3 4 5 Inspector Approved Terry Croft 29-Nov-2023 07:06 AM CST Project Manager City Engineer Director Approved Kevin Young 29-Nov-2023 08:16 AM CST Approved Amalia "Molly" Villarreal 29-Nov-2023 09:17 AM CST Approved Bart Bartkowiak 29-Nov-2023 09:17 AM CST Admin Pending Created by: Kevin Young on 27-Nov-2023 Last Modified by: Bart Bartkowiak on 29-Nov-2023 5 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: December 12, 2023 REQUESTED ACTION: Council Consider a resolution approving a five year lease purchase agreement with KS State Bank of Manhattan, Kansas related to the purchase of a fire pumper truck. BACKGROUND On November 2, 2021, Council approved the purchase of a Pierce Enforcer Fire Pumper Truck in the amount of $713,315. Bids were requested for a fixed rate finance agreement to reimburse the City for the purchase of the truck with the first payment in the arrears following the date of purchase of the truck which was on August 18, 2023. The total lease purchase cost, including interest of 6.02 %, is $847,152.80. Bids were solicited from eighty (80) vendors and three responses were received. Staff is recommending an agreement with KS State Bank of Manhattan, Kansas with an interest rate of 6.02%. Bank Funding, LLC of Boyd, Maryland did not meet requirements of offering a fixed interest rate. The Bid Tabulation is attached. FUNDING SOURCE Capital Reserve Fund RECOMMENDATION Approval of the Resolution ATTACHMENTS Bid Tabulation RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on November 2, 2021, Council approved the purchase of one (1) Pierce Enforcer Fire Pumper Truck in the amount of $713,315.00; and, WHEREAS, bids were requested for a fixed interest rate to finance the truck with the first annual payment in arrears following the purchase of the truck which was on August 18, 2023; and, WHEREAS, the total lease purchase cost including interest of 6.02% is $847,152.80; and, WHEREAS, bids were received for a five (5) year lease purchase agreement for the lease purchase of a Pierce Enforcer Fire Pumper Truck; and, WHEREAS, KS State Bank, of Manhattan, Kansas, submitted a bid at a fixed interest rate of 6.02%; and, WHEREAS, the City Council is of the opinion that the bid submitted by KS State Bank, of Manhattan, Kansas, is in the best interest of the city of Beaumont and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY CIOUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by KS State Bank, of Manhattan, Kansas, for a five (5) year lease purchase agreement at a fixed rate of 6.02% and a total lease purchase cost of $847,152.80, as shown on Exhibit “A,” attached hereto, for the lease purchase of a Pierce Enforcer Fire Pumper Truck, be accepted by the City of Beaumont; and, THAT the City Manager be and he is hereby authorized to execute a five (5) year lease agreement with KS State Bank, of Manhattan, Kansas, sustainably on the form attached hereto as Exhibit “B,” for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of December, 2023. _______________________________ - Mayor Roy West - City of Beaumont Bid Tab Bid Number: TF0923-24 Bid Name: Fixed Interest Rate Lease Purchase Financing Agreement - Pierce Enforcer Pumper Bid Open Date: November 2, 2023 KS Statebank Allegiance Bank Bank Funding, LLC Fixed Interest Rate Term Manhattan, KS. Beaumont, Tx. Boyd, MD. Four (4) Year 6.11% 6.50% 4.82% Five (5) Year 6.02% 6.50% 4.87% 6 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Angela Wright, Chief Technology Officer MEETING DATE: December 12, 2023 REQUESTED ACTION: Council consider a resolution approving the renewal of an annual maintenance agreement from CentralSquare of Lake Mary, FL for use by Police, Fire, and EMS. BACKGROUND CentralSquare software plays a vital role in the dispatching of emergency personnel, records management for Police, miscellaneous reporting, case management, and various other crucial functions for Police, Fire, and EMS. The procurement of this software is exempt from competitive bidding because it is exclusively available from a single source with the rights to modify and maintain the software. The software maintenance agreement ensures 24/7 unlimited telephone support for 911 dispatching, with additional Monday to Friday, 8 AM to 5 PM support for mobile computers, electronic field reporting, and all records management applications. Moreover, it includes annual software upgrades. This agreement, valued at $386,725.46, covers an annual period starting from January 2024. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS Invoice_397033_1700493421445.pdf RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to approve the renewal of an annual maintenance agreement with CentralSquare Technologies, of Lake Mary, Florida for use by Police, Fire, and EMS in the amount of $386,725.46 beginning January 1, 2024. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of December, 2023. _______________________________ - Mayor Roy West - Superion, LLC, a CentralSquare Company 1000 Business Center Drive Lake Mary, FL 32746 Billing Inquiries: Accounts.Receivable@centralsquare.com Invoice Invoice No (1 of 1) Date Page 397033 11/15/2023 1 of 11 Bill To City of Beaumont Ben Collins Jr 801 Main Street, Suite 330 Beaumont TX 77701 United States Ship To City of Beaumont Ben Collins Jr 801 Main Street, Suite 330 Beaumont TX 77701 United States Customer No Customer Name Customer PO # Currency Terms Due Date 5650LG City of Beaumont USD Net 30 12/31/2023 Description Units Rate Extended Contract No. Q-148699 1 ONESolution MCT Client-Digital Dispatch - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 14 $185.30 $2,594.22 2 ONESolution MCT Client AVL License - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 14 $23.16 $324.28 3 RMS Miscellaneous Products - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $6,769.19 $6,769.19 4 ONESolution Police-to-Police - Annual Subscription Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $0.00 $0.00 5 ONESolution TDEX Interface - Annual Subscription Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $386.60 $386.60 6 ONESolution TXDOT CRIS CRASH Import Interface - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $4,492.51 $4,492.51 7 ONESolution Automated Secure Alarm Protocol Interface (ASAP) - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $3,369.39 $3,369.39 8 ONESolution Freedom Premium - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 5 $89.85 $449.25 9 ONESolution Freedom Premium - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $89.86 $89.86 Superion, LLC, a CentralSquare Company 1000 Business Center Drive Lake Mary, FL 32746 Billing Inquiries: Accounts.Receivable@centralsquare.com Invoice Invoice No (1 of 1) Date Page 397033 11/15/2023 2 of 11 Bill To City of Beaumont Ben Collins Jr 801 Main Street, Suite 330 Beaumont TX 77701 United States Ship To City of Beaumont Ben Collins Jr 801 Main Street, Suite 330 Beaumont TX 77701 United States Customer No Customer Name Customer PO # Currency Terms Due Date 5650LG City of Beaumont USD Net 30 12/31/2023 Description Units Rate Extended 10 ONESolution MFR Client-MOBLAN Version - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 21 $135.39 $2,843.27 11 ONESolution MFR Client-Racial Proﬁling - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 108 $54.16 $5,849.59 12 ONESolution Mobile Field Reporting Server - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $9,476.90 $9,476.90 13 ONESolution MCT Client AVL License - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $10,661.51 $10,661.51 14 ONESolution MCT Client AVL License - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 146 $40.62 $5,929.80 15 ONESolution CAD Client AVL License - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 13 $609.23 $7,919.96 16 ONESolution State/NCIC Messaging Software - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $6,092.26 $6,092.26 17 ONESolution MCT Client License for Message Switch - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 131 $91.38 $11,970.85 18 ONESolution Police-to-Citizen - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $3,384.61 $3,384.61 Superion, LLC, a CentralSquare Company 1000 Business Center Drive Lake Mary, FL 32746 Billing Inquiries: Accounts.Receivable@centralsquare.com Invoice Invoice No (1 of 1) Date Page 397033 11/15/2023 3 of 11 Bill To City of Beaumont Ben Collins Jr 801 Main Street, Suite 330 Beaumont TX 77701 United States Ship To City of Beaumont Ben Collins Jr 801 Main Street, Suite 330 Beaumont TX 77701 United States Customer No Customer Name Customer PO # Currency Terms Due Date 5650LG City of Beaumont USD Net 30 12/31/2023 Description Units Rate Extended 19 ONESolution Computer-Aided Dispatch System - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $2,589.22 $2,589.22 20 ONESolution Computer-Aided Dispatch System - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $913.85 $913.85 21 ONESolution MFR Client - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 20 $269.41 $5,388.22 22 ONESolution Calls For Service - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $541.54 $541.54 23 ONESolution E911 Interface - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $1,979.99 $1,979.99 24 ONESolution MCT Client-Digital Dispatch - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $269.42 $269.42 25 ONESolution Field Training Online - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $1,123.13 $1,123.13 26 ONESolution MCT Client-MAPS - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $54.18 $54.18 27 ONESolution CAD Client AVL License - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $40.62 $40.62 28 ONESolution MFR Client - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $269.42 $269.42 Superion, LLC, a CentralSquare Company 1000 Business Center Drive Lake Mary, FL 32746 Billing Inquiries: Accounts.Receivable@centralsquare.com Invoice Invoice No (1 of 1) Date Page 397033 11/15/2023 4 of 11 Bill To City of Beaumont Ben Collins Jr 801 Main Street, Suite 330 Beaumont TX 77701 United States Ship To City of Beaumont Ben Collins Jr 801 Main Street, Suite 330 Beaumont TX 77701 United States Customer No Customer Name Customer PO # Currency Terms Due Date 5650LG City of Beaumont USD Net 30 12/31/2023 Description Units Rate Extended 29 ONESolution Crime Analysis Plus - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $6,092.26 $6,092.26 30 ONESolution Quartermaster - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $1,759.99 $1,759.99 31 ONESolution CAD Console License - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $1,781.99 $1,781.99 32 ONESolution CAD Map Display & Map Maint Software Lic - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $1,066.15 $1,066.15 33 ONESolution CAD Client AVL License - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $609.25 $609.25 34 ONESolution MCT Client-Digital Dispatch - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $263.80 $263.80 35 ONESolution MCT Client-MAPS - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $53.10 $53.10 36 ONESolution RMS Workstation - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $398.20 $398.20 37 ONESolution RMS Workstation - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 2 $398.20 $796.41 38 ONESolution CAD OpCenter - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $1,804.10 $1,804.10 Superion, LLC, a CentralSquare Company 1000 Business Center Drive Lake Mary, FL 32746 Billing Inquiries: Accounts.Receivable@centralsquare.com Invoice Invoice No (1 of 1) Date Page 397033 11/15/2023 5 of 11 Bill To City of Beaumont Ben Collins Jr 801 Main Street, Suite 330 Beaumont TX 77701 United States Ship To City of Beaumont Ben Collins Jr 801 Main Street, Suite 330 Beaumont TX 77701 United States Customer No Customer Name Customer PO # Currency Terms Due Date 5650LG City of Beaumont USD Net 30 12/31/2023 Description Units Rate Extended 39 ONESolution Sex Offender - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $2,139.16 $2,139.16 40 ONESolution MCT Client AVL License - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 2 $38.65 $77.30 41 ONESolution MCT Client-MAPS - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 2 $51.55 $103.10 42 ONESolution MCT Client-Digital Dispatch - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 2 $256.12 $512.23 43 ONESolution Zetron FSA/IP Toning Interface - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $2,577.27 $2,577.27 44 ONESolution RMS Workstation - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $375.34 $375.34 45 ONESolution RMS Workstation - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 3 $364.40 $1,093.19 46 ONESolution Freedom Base - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $2,277.48 $2,277.48 47 ONESolution RMS Map Display & Pin Mapping License - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 52 $54.16 $2,816.47 48 ONESolution Notiﬁcation - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $9,341.49 $9,341.49 Superion, LLC, a CentralSquare Company 1000 Business Center Drive Lake Mary, FL 32746 Billing Inquiries: Accounts.Receivable@centralsquare.com Invoice Invoice No (1 of 1) Date Page 397033 11/15/2023 6 of 11 Bill To City of Beaumont Ben Collins Jr 801 Main Street, Suite 330 Beaumont TX 77701 United States Ship To City of Beaumont Ben Collins Jr 801 Main Street, Suite 330 Beaumont TX 77701 United States Customer No Customer Name Customer PO # Currency Terms Due Date 5650LG City of Beaumont USD Net 30 12/31/2023 Description Units Rate Extended 49 ONESolution Property & Evidence - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $1,489.24 $1,489.24 50 ONESolution RMS Training Module - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $5,144.58 $5,144.58 51 ONESolution Racial Proﬁling - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $1,353.85 $1,353.85 52 ONESolution Mobile Server Software - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $12,793.79 $12,793.79 53 ONESolution MCT Client-Digital Dispatch - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 146 $269.41 $39,333.90 54 ONESolution MCT Client-MAPS - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 146 $54.16 $7,907.78 55 ONESolution MCT Client License for Message Switch - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $91.39 $91.39 56 ONESolution RMS Workstation - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $406.13 $406.13 57 ONESolution Animal Control - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $2,030.77 $2,030.77 58 ONESolution Canine Tracking - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $1,489.24 $1,489.24 Superion, LLC, a CentralSquare Company 1000 Business Center Drive Lake Mary, FL 32746 Billing Inquiries: Accounts.Receivable@centralsquare.com Invoice Invoice No (1 of 1) Date Page 397033 11/15/2023 7 of 11 Bill To City of Beaumont Ben Collins Jr 801 Main Street, Suite 330 Beaumont TX 77701 United States Ship To City of Beaumont Ben Collins Jr 801 Main Street, Suite 330 Beaumont TX 77701 United States Customer No Customer Name Customer PO # Currency Terms Due Date 5650LG City of Beaumont USD Net 30 12/31/2023 Description Units Rate Extended 59 ONESolution MFR Client-Canine - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 4 $81.24 $324.97 60 ONESolution CAD Resource Monitor Display License With Maps - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 5 $456.93 $2,284.66 61 ONESolution RMS Workstation - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $406.13 $406.13 62 ONESolution CAD Resource Monitor Display License With Maps - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $456.93 $456.93 63 ONESolution RMS Workstation - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $406.13 $406.13 64 ONESolution RMS Workstation - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 2 $406.12 $812.24 65 ONESolution MCT Client-Digital Dispatch - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $269.42 $269.42 66 ONESolution MCT Client-MAPS - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $54.18 $54.18 67 ONESolution Intelligence - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $2,030.77 $2,030.77 68 ONESolution MFR Client-Canine - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $81.25 $81.25 Superion, LLC, a CentralSquare Company 1000 Business Center Drive Lake Mary, FL 32746 Billing Inquiries: Accounts.Receivable@centralsquare.com Invoice Invoice No (1 of 1) Date Page 397033 11/15/2023 8 of 11 Bill To City of Beaumont Ben Collins Jr 801 Main Street, Suite 330 Beaumont TX 77701 United States Ship To City of Beaumont Ben Collins Jr 801 Main Street, Suite 330 Beaumont TX 77701 United States Customer No Customer Name Customer PO # Currency Terms Due Date 5650LG City of Beaumont USD Net 30 12/31/2023 Description Units Rate Extended 69 ONESolution RMS Workstation - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 5 $406.14 $2,030.69 70 ONESolution Link Analysis - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $3,384.61 $3,384.61 71 ONESolution RMS Workstation - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $406.13 $406.13 72 ONESolution CAD Resource Monitor Display License With Maps - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $443.62 $443.62 73 ONESolution CAD Resource Monitor Display License With Maps - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 3 $443.62 $1,330.87 74 ONESolution MFR Client-MOBLAN Version - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $132.73 $132.73 75 ONESolution CAD Resource Monitor Display License With Maps - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 3 $447.94 $1,343.83 76 ONESolution CAD Resource Monitor Display License With Maps - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $447.94 $447.94 77 ONESolution MFR Client - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 108 $269.41 $29,096.31 Superion, LLC, a CentralSquare Company 1000 Business Center Drive Lake Mary, FL 32746 Billing Inquiries: Accounts.Receivable@centralsquare.com Invoice Invoice No (1 of 1) Date Page 397033 11/15/2023 9 of 11 Bill To City of Beaumont Ben Collins Jr 801 Main Street, Suite 330 Beaumont TX 77701 United States Ship To City of Beaumont Ben Collins Jr 801 Main Street, Suite 330 Beaumont TX 77701 United States Customer No Customer Name Customer PO # Currency Terms Due Date 5650LG City of Beaumont USD Net 30 12/31/2023 Description Units Rate Extended 78 ONESolution Computer-Aided Dispatch System - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $28,313.89 $28,313.89 79 ONESolution CAD Console License - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 7 $1,781.98 $12,473.89 80 ONESolution RMS Workstation - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $398.20 $398.20 81 ONESolution Zetron 25 & 26 Station Toning Interface - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $2,158.52 $2,158.52 82 ONESolution CAD Map Display & Map Maint Software Lic - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $2,284.61 $2,284.61 83 ONESolution CAD Map Display & Map Maint Software Lic - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 11 $1,066.16 $11,727.73 84 ONESolution CAD Roster - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $1,979.99 $1,979.99 85 ONESolution Records Management System - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $52,577.77 $52,577.77 86 ONESolution Accident - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $3,519.98 $3,519.98 Superion, LLC, a CentralSquare Company 1000 Business Center Drive Lake Mary, FL 32746 Billing Inquiries: Accounts.Receivable@centralsquare.com Invoice Invoice No (1 of 1) Date Page 397033 11/15/2023 10 of 11 Bill To City of Beaumont Ben Collins Jr 801 Main Street, Suite 330 Beaumont TX 77701 United States Ship To City of Beaumont Ben Collins Jr 801 Main Street, Suite 330 Beaumont TX 77701 United States Customer No Customer Name Customer PO # Currency Terms Due Date 5650LG City of Beaumont USD Net 30 12/31/2023 Description Units Rate Extended 87 ONESolution Barcoding Server License - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $676.93 $676.93 88 ONESolution Barcoding Hand-Held Client License - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 5 $431.86 $2,159.29 89 ONESolution RMS Map Display & Pin Mapping License - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $5,415.36 $5,415.36 90 ONESolution MFR Client-MOBLAN Version - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $94.34 $94.34 91 ONESolution MCT Client AVL License - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $23.58 $23.58 92 ONESolution MCT Client-Digital Dispatch - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $188.69 $188.69 93 ONESolution Incode Courts System Interface - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $2,358.57 $2,358.57 94 CryWolf Alarm Full Use Workstation Annual Maintenance Fee - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $4,647.61 $4,647.61 Superion, LLC, a CentralSquare Company 1000 Business Center Drive Lake Mary, FL 32746 Billing Inquiries: Accounts.Receivable@centralsquare.com Invoice Invoice No (1 of 1) Date Page 397033 11/15/2023 11 of 11 Bill To City of Beaumont Ben Collins Jr 801 Main Street, Suite 330 Beaumont TX 77701 United States Ship To City of Beaumont Ben Collins Jr 801 Main Street, Suite 330 Beaumont TX 77701 United States Customer No Customer Name Customer PO # Currency Terms Due Date 5650LG City of Beaumont USD Net 30 12/31/2023 Description Units Rate Extended 95 CryWolf Alarm Program Web Page Annual Maintenance Fee - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $2,861.31 $2,861.31 96 ONESolution RMS Workstation - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $320.89 $320.89 97 ONESolution ESO Solutions Fire/EMS Export Interface - Annual Maintenance Fee ONESolution ESO Solutions Fire/EMS Export Interface Maintenance: Start:01/01/2024, End: 12/31/2024 1 $1,400.73 $1,400.73 98 ONESolution RMS Workstation - Annual Maintenance Fee ONESolution RMS Workstation Maintenance: Start:01/01/2024, End: 12/31/2024 1 $305.61 $305.61 99 ONESolution RMS Workstation - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $346.50 $346.50 100 CryWolf CAD Two-Way Interface Annual Support Fee - Annual Maintenance Fee Maintenance: Start:01/01/2024, End: 12/31/2024 1 $995.47 $995.47 Please include invoice number(s) on your remittance advice, made payable to Superion, LLC ACH: Routing Number 121000358 Account Number 1416612641 E-mail payment details to: Accounts.Receivable@CentralSquare.com Check: 12709 Collection Center Drive Chicago, IL 60693 Subtotal $386,725.46 Tax $0.00 Invoice Total $386,725.46 Payments Applied $0.00 Balance Due $386,725.46 7 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: December 12, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 2 to the contract with To-Mex Construction, LLC, of Houston, for the Florida Avenue Emergency Sewer Repair. BACKGROUND On January 10, 2023, by Resolution No. 23-018, City Council awarded a contract to To-Mex Construction, LLC, of Houston, for the Florida Avenue Emergency Sewer Repair in the amount of $316,989.88. Previous Change Order No. 1, in the amount of $5,499.97 is attached for your review. Proposed Change Order No. 2, in the amount of $216,746.08, is needed for additional unexpected construction site discoveries and requirements by Union Pacific Railroad. Meeting amended railroad requirements, protection of pre-existing underground conflicts, additional bypass pumping, full repair of the roadway, replacing a failing storm sewer in the area, and remobilization once the storm sewer agreement is executed are covered under this change order. If approved, Change Order No. 2 would result in a new contract amount of $539,235.93 with an additional 37 calendar days. FUNDING SOURCE Capital Program - Sewer Main Repair. RECOMMENDATION Approval of the resolution. ATTACHMENTS Proposed Change Order No. 2 01000 PIPE BURSTING 15" SEWER TO 16.0" 375.00 @ 135.33 135.33 0.00 OD, ALL DEPTHS Total 1,700,077.50 1,354,678.30 345,399.20 0.00 1,700,077.50 Change Order No. 1 - 3.0 Construction 022 GC CONSTRUCTION 01000 OPEN CUT 75.00 @ 25.00 1,875.00 0.00 LF 0.00 LF 25.00 8.00 0.00 0.00 1,875.00 0.00 0.00 0.00 023 GC 0.00 CONSTRUCTION 01000 REMOVE 5" PIPE 308.00 @ 8.00 2,464.00 0.00 0.00 2,464.00 Total 4,339.00 4,339.00 0.00 0.00 4,339.00 Change Order No. 2 - 3.0 Construction 024 GC CONSTRUCTION 01000 20' EXCAVATION ON 2.00 @ 5,000.00 0.00 EACH 2,500.00 0.00 EACH 3,800.00 0.00 0.00 5,000.00 0.00 0.00 0.00 0.00 SIDE OF MANHOLE 2,500.00 025 GC CONSTRUCTION 01000 POINT REPAIR 1.00 @ 3,800.00 0.00 0.00 3,800.00 3,800.00 Total 8,800.00 8,800.00 0.00 0.00 8,800.00 Grand Total: $10,674.60 Summary 1. CONTRACT SUM + AMENDMENTS NET CHANGE BY Change Order 1,700,077.50 -290,003.58 1,410,073.92 1,410,073.92 2. 3. CONTRACT SUM TO DATE (Line 1+ Line 2) TOTAL COMPLETED & STORED TO DATE RETAINAGE 4. 5. 5a. 5b. 5.00% Of Completed Work (Column I on Continuation Sheet) 0.00% Of Stored Material (Column J on Continuation Sheet) TOTAL RETAINAGE (5a + 5b) 0.00 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on January 10, 2023, Council approved Resolution 23-018 awarding To-Mex Construction, LLC, of Houston, Texas the Florida Avenue Emergency Sewer Repair Project in the amount of $316,989.88; and, WHEREAS, Change Order No. 1 was previously approved increasing the total contract amount to $322,489.85; and, WHEREAS, Change Order No. 2, in the amount of $216,746.08, is requested for additional unexpected construction site discoveries and requirements by Union Pacific Railroad and the addition of 37 calendar days, thereby increasing the total contract amount to $539,235.93; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 2 in the amount of $216,746.08 for work described above, thereby increasing the total contract amount to $539,235.93 and adding an additional 37 calendar days to the contract time for the Florida Avenue Emergency Sewer Repair Project. 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 12th day of December, 2023. _______________________________ - Mayor Roy West - 0.00 0.00 1,410,073.92 1,329,429.35 $80,644.57 0.00 6. 7. 8. 9. TOTAL EARNED LESS TOTAL RETAINAGE LESS PREVIOUS CERTIFICATES FOR PAYMENT CURRENT AMOUNT DUE BALANCE TO FINISH, INCLUDING RETAINAGE (Line 3 less Line 6) Contract - 001.004 05-Dec-2023 12:52 PM CST Florida 27" Railroad Sewer Replacement 1350 Langham Rd. Beaumont, TX 77707 001.004: Change Order No. 2 Grand Total: $216,746.08 For 001 Construction Contract Division 33 Line Item Type Unit price Group 3.0 Construction Scope of Work To install a replacement line for the 27-Inch sanitary sewer line under the railroad at Florida Avenue and Avenue A. This project will also abandon the existing line and provide additional manholes. Notes (PCO 1)The steel casing increased in wall thickness after further railroad review of the plans. Additionally, plans were revised to show the location of the 20-inch water line and for safety of the water line during construction, an exploratory excavation was warranted. Rail Pros required additional shoring techniques that weren’t clear prior to construction. An additional excavation and point repair to the sanitary line was needed to bypass the 8-inch sewer line in conflict with the excavation pit. (PCO 2) Additional bypass pumping time was required and at a higher flow rate than anticipated in the contract documents. The length of time was extended for the bypass pumping due to unforeseen obstacles underground. There was excessive cement-stabilized material in the entry pit location and the nearby manhole base was previously installed incorrectly. Bypass pumping was needed for installation of two of the manhole replacements as well. Existing site conditions required additional asphalt repair outside of the scope of the emergency project. The increased cost of the overall project required additional bonding by the Contractor. (PCO 3) Due to a design omission, the original cavity and a secondary one that occurred during construction were required to be backfilled and repaired to meet Union Pacific Rail Road guidelines. (PCO 4) While excavating on the eastern side of the tracks, a storm sewer line was found to be in need of replacement. Originally, it was thought that the rail road inspection team would approve replacement under the same agreement for the sanitary sewer work. (PCO 5)The rail road inspection team requested a separate agreement for the work on the storm sewer line, which required the Contractor to demobilize and remobilize once Union Pacific Rail Road is in approval. Awarded To To-Mex Construction LLC Maribel Torres Reason Code Unforseen Site Conditions Days 37 Changed Attachments Change Order Summary Original Contract Sum 322,489.85 Substantial Completion Date 0.00 Net Time Change By Previous COs 322,489.85 Substantial Completion before This CO 216,746.08 Time Changed By This CO Net Cost by Previous Approved COs Contract Sum Before This CO 0 days Contract Sum Changed By This CO New Contract Sum 37 days 539,235.93 New Substantial Completion Date All Change Orders make up 67.21% of the Original Contract Linked PCO PCO Type PCO Number 001.001 PCO Description Total Approved Cost 51,300.00 Total Approved Days Owner Requested Owner Requested Owner Requested Owner Requested Contractor Requested PCO: Construction Contract PCO: Construction Contract PCO: Construction Contract PCO: Construction Contract PCO: Construction Contract 10 001.002 59,946.08 5 001.003 68,500.00 10 10 2 001.004 32,000.00 001.005 5,000.00 Accounting and Status Accounting Status Item Id 466 PO Number 441223 FEMA Number Accounting Project Code Custom Accounting Field 05 Custom Accounting Field 07 Custom Accounting Field 04 Custom Accounting Field 06 Custom Accounting Field 08 Line Items Item # Account Code WBS/ Section Description Quantity UoM Unit Price Total Amount Change Order 001 00000 00000 00000 00000 00000 PCO - 001.001 PCO - 001.002 PCO - 001.003 PCO - 001.004 PCO - 001.005 0.00 0.00 0.00 0.00 0.00 51,300.00 59,946.08 68,500.00 32,000.00 5,000.00 51,300.00 59,946.08 68,500.00 32,000.00 Name or Role Status Actions 1 2 3 4 External-GC Approved Maribel Torres 05-Dec-2023 11:15 AM CST Project Manager City Engineer Director Approved John Pippins 05-Dec-2023 11:17 AM CST Approved Amalia "Molly" Villarreal 05-Dec-2023 11:38 AM CST Approved Bart Bartkowiak 05-Dec-2023 12:46 PM CST 5 6 7 Admin Pending Assistant City Manager City Clerk Waiting for previous approvals. Waiting for previous approvals. Created by: John Pippins on 04-Oct-2023 Last Modified by: Bart Bartkowiak on 05-Dec-2023 Contract # 001.003 05-Dec-2023 10:19 AM CST Florida 27" Railroad Sewer Replacement 1350 Langham Rd. Beaumont, TX 77707 001.003: Change Order No. 1 - Supplemental Bid Item S-1 Grand Total: $0.00 For 001 Construction Contract Division 33 Line Item Type Unit price Group 3.0 Construction Scope of Work To install a replacement line for the 27-Inch sanitary sewer line under the railroad at Florida Avenue and Avenue A. This project will also abandon the existing line and provide additional manholes. Notes Change Order No. 1 is to add Supplemental Bid Item S-1 which was not added to the original Base Bid Items when awarded on January 10, 2023, but was added to the contract price when entered into ProjectMates. To correct, Change Order No. 1 was done as a paper change order to record the correct contract pricing. During construction, bypass pumping was needed at various times due to unforeseen obstacles. Awarded To To-Mex Construction LLC Maribel Torres Reason Code Errors and Omissions Days 0 Changed Attachments Executed C_O1 Florida Ave Emerg Repairs.pdf Revised Res. 23-018 Florida Ave Emergency Sewer Repair.pdf Change Order Summary Original Contract Sum 322,489.85 Substantial Completion Date 0.00 Net Time Change By Previous COs 322,489.85 Substantial Completion before This CO 0.00 Time Changed By This CO Net Cost by Previous Approved COs Contract Sum Before This CO 0 days Contract Sum Changed By This CO 0 days New Contract Sum 322,489.85 New Substantial Completion Date All Change Orders make up 0.00% of the Original Contract Accounting and Status Accounting Status Item Id 486 PO Number FEMA Number Accounting Project Code Custom Accounting Field 05 Custom Accounting Field 07 Custom Accounting Field 04 Custom Accounting Field 06 Custom Accounting Field 08 Line Items Item # Account Code WBS/ Section Description Quantity UoM Unit Price Total Amount Approval Approved Due: 12-Dec-2023 Name or Role Status Approved Actions 1 Admin Dara Woodruff 05-Dec-2023 10:19 AM CST Created by: Dara Woodruff on 05-Dec-2023 Last Modified by: Dara Woodruff on 05-Dec-2023 8 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: December 12, 2023 REQUESTED ACTION: Council consider a resolution adopting procurement policies in connection with receiving funding from the Texas Community Development Block Grant Disaster Recovery Program. BACKGROUND The Community Development Block Grant (CDBG) Disaster Recovery Program funding has been awarded by the Department of Housing and Urban Development (HUD) to disaster impacted counties from the 2019 Floods (including Tropical Storm Imelda) for infrastructure assistance. On July 26, 2022, by Resolution No. 22-183, City Council authorized the City Manager to execute all documents necessary to apply for and accept funding from the Texas General Land Office (GLO) for the CDBG Recovery Program for the Laura Addition Drainage Improvements project. The GLO requires the City to adopt policies in accordance with various Federal requirements. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS Agenda Attachment -CDBG Procurement Policies - Laura Addition. RESOLUTION NO. RESOLUTION ADOPTING THE ATTACHED POLICIES IN CONNECTION WITH BEAUMONT, TEXAS, PARTICIPATION IN FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECTS AND ADHERENCE TO THE REGULATIONS DESCRIBED THEREIN. WHEREAS, The City of Beaumont, Texas, (hereinafter referred to as “City”) has been awarded CDBG funding through a CDBG grant from the Texas General Land Office (hereinafter referred to as “GLO”); and, WHEREAS, the City, in accordance with Section 109 of the Title I of the Housing and Community Development Act. (24 CFR 6); the Age Discrimination Act of 1975 (42 U.S.C. 6101- 6107); and Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and for construction contracts greater than $10,000, must take actions to ensure that no person or group is denied benefits such as employment, training, housing, and contracts generated by the CDBG activity, on the basis of race, color, religion, sex, national origin, age, or disability; and, WHEREAS, the City, in consideration for the receipt and acceptance of federal funding, agrees to comply with all federal rules and regulations including those rules and regulations governing citizen participation and civil rights protections; and, WHEREAS, the City, in accordance with Section 3 of the Housing and Urban Development Act of 1968, as amended, and 24 CFR Part 75, is required, to the greatest extent feasible, to provide training and employment opportunities to lower income residents and contract opportunities to businesses in the CDBG project area; and, WHEREAS, the City, in accordance with Section 104(1) of the Housing and Community Development Act, as amended, and State’s certification requirements at 24 CFR 91.325(b)(6), must adopt an excessive force policy that prohibits the use of excessive force against non-violent civil rights demonstrations; and, WHEREAS, the City, in accordance with Executive Order 13166, must take reasonable steps to ensure meaningful access to services in federally assisted programs and activities by persons with limited English proficiency (LEP) and must have an LEP plan in place specific to the locality and beneficiaries for each CDBG project; and, WHEREAS, the City, in accordance with Section 504 of the Rehabilitation Act of 1973, does not discriminate on the basis of disability and agrees to ensure that qualified individuals with disabilities have access to programs and activities that receive federal funds; and, WHEREAS, the City, in accordance with Section 808(e)(5) of the Fair Housing Act (42 USC 3608(e)(5)) that requires HUD programs and activities be administered in a manner affirmatively to further the policies of the Fair Housing Act, agrees to conduct at least one activity during the contract period of the CDBG contract, to affirmatively further fair housing; and, WHEREAS, the City agrees to maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF BEAUMONT, TEXAS: 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 adopts the following: 1. Citizen Participation Plan and Grievance Procedures; 2. Excessive Force Policy; 3. Fair Housing Policy; 4. Section 504 Policy and Grievance Procedures; 5. Code of Conduct Policy. The City affirms its commitment to conduct a project-specific analysis and take all appropriate action necessary to comply with program requirements for the following: 6. Section 3 economic opportunity; 7. Limited English Proficiency; and 8. Activity to affirmatively Further Fair Housing choice. 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 12th day of December, 2023. _______________________________ - Mayor Roy West - CITIZEN PARTICIPATION PLAN TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COMPLAINT PROCEDURES These complaint procedures comply with the requirements of the Texas General Land Office’s Community Development Block Grant (CDBG) Program and Local Government Requirements found in 24 CFR §570.486 (Code of Federal Regulations). Citizens can obtain a copy of these procedures at the City, 801 Main St, Beaumont, TX 77701, (409) 980-8311, during regular business hours. Below are the formal complaint and grievance procedures regarding the services provided under the CDBG project. 1. A person who has a complaint or grievance about any services or activities with respect to the CDBG project, whether it is a proposed, ongoing, or completed CDBG should contact the City of Beaumont, at 801 Main St, Beaumont, TX 77701, or may call, (409) 980-8311. 2. A copy of the complaint or grievance shall be transmitted by the City Clerk to the entity that is the subject of the complaint or grievance and to the City Attorney within five (5) working days after the date of the complaint or grievance was received. 3. The City shall complete an investigation of the complaint or grievance, if practicable, and provide a timely written answer to the person who made the complaint or grievance within ten (10) days. 4. If the investigation cannot be completed within ten (10) working days per 3 above, the person who made the grievance or complaint shall be notified, in writing, within fifteen (15) days where practicable after receipt of the original complaint or grievance and shall detail when the investigation should be completed. 5. If necessary, the grievance and a written copy of the subsequent investigation shall be forwarded to the CDBG for their further review and comment. 6. If appropriate, provide copies of grievance procedures and responses to grievances in both English and Spanish, or other appropriate language. TECHNICAL ASSISTANCE When requested, the City shall provide technical assistance to groups that are representative of persons of low- and moderate-income in developing proposals for the use of CDBG funds. The City, based upon the specific needs of the community’s residents at the time of the request, shall determine the level and type of assistance. PUBLIC HEARING PROVISIONS For each public hearing scheduled and conducted by the City, the following public hearing provisions shall be observed: 1. Public notice of all hearings must be published at least seventy-two (72) hours prior to the scheduled hearing. The public notice must be published in a local newspaper. Each public notice must include the date, time, location, and topics to be considered at the public hearing. A published newspaper article can also be used to meet this requirement so long as it meets all content and timing requirements. Notices should also be prominently posted in public buildings and distributed to local Public Housing Authorities and other interested community groups. 2. When a significant number of non-English speaking residents are a part of the potential service area of the CDBG project, vital documents such as notices should be published in the predominant language of these non-English speaking citizens. 3. Each public hearing shall be held at a time and location convenient to potential or actual beneficiaries and will include accommodation for persons with disabilities. Persons with disabilities must be able to attend the hearings and the City must make arrangements for individuals who require auxiliary aids or services if contacted at least two days prior to the hearing. 4. A public hearing held prior to the submission of a CDBG application must be held after 5:00 PM on a weekday or at a convenient time on a Saturday or Sunday. 5. When a significant number of non-English speaking residents can be reasonably expected to participate in a public hearing, an interpreter should be present to accommodate the needs of the non-English speaking residents. The City shall comply with the following citizen participation requirements for the preparation and submission of an application for a CDBG project: 1. At a minimum, the City shall hold at least one (1) public hearing prior to submitting the application to the Texas General Land Office. 2. The City shall retain documentation of the hearing notice(s), a listing of persons attending the hearing(s), minutes of the hearing(s), and any other records concerning the proposed use of funds for three (3) years from closeout of the grant to the state. Such records shall be made available to the public in accordance with Chapter 552, Texas Government Code. 3. The public hearing shall include a discussion with citizens as outlined in the applicable CDBG application manual to include, but is not limited to, the development of housing and community development needs, the amount of funding available, all eligible activities under the CDBG program, and the use of past CDBG contract funds, if applicable. Citizens, with particular emphasis on persons of low- and moderate-income who are residents of slum and blight areas, shall be encouraged to submit their views and proposals regarding community development and housing needs. Citizens shall be made aware of the location where they may submit their views and proposals should they be unable to attend the public hearing. 4. When a significant number of non-English speaking residents can be reasonably expected to participate in a public hearing, an interpreter should be present to accommodate the needs of the non-English speaking residents. The City must comply with the following citizen participation requirements in the event that the City receives funds from the CDBG program: 1. The City shall also hold a public hearing concerning any substantial change, as determined by CDBG, proposed to be made in the use of CDBG funds from one eligible activity to another again using the preceding notice requirements. 2. Upon completion of the CDBG project, the City shall hold a public hearing and review its program performance including the actual use of the CDBG funds. 3. When a significant number of non-English speaking residents can be reasonably expected to participate in a public hearing, for either a public hearing concerning substantial change to the CDBG project or for the closeout of the CDBG project, publish notice in both English and Spanish, or other appropriate language and provide an interpreter at the hearing to accommodate the needs of the non-English speaking residents. 4. The City shall retain documentation of the CDBG project, including hearing notice(s), a listing of persons attending the hearing(s), minutes of the hearing(s), and any other records concerning the actual use of funds for a period of three (3) years from closeout of the grant to the state. Such records shall be made available to the public in accordance with Chapter 552, Texas Government Code. ________________________________ ____________ Roy West, Mayor Date Excessive Force Policy In accordance with 24 CFR 91.325(b)(6), the City of Beaumont hereby adopts and will enforce the following policy with respect to the use of excessive force: 1. It is the policy of the City of Beaumont to prohibit the use of excessive force by the law enforcement agencies within its jurisdiction against any individual engaged in non-violent civil rights demonstrations; 2. It is also the policy of the City of Beaumont to enforce applicable State and local laws against physically barring entrance to or exit from a facility or location that is the subject of such non-violent civil rights demonstrations within its jurisdiction. 3. The City of Beaumont will introduce and pass a resolution adopting this policy. As officers and representatives of City, we the undersigned have read and fully agree to this plan, and become a party to the full implementation of this program. _____________________________ ______________ Roy West, Mayor Date Fair Housing Policy In accordance with Fair Housing Act, the City of Beaumont hereby adopts the following policy with respect to the Affirmatively Furthering Fair Housing: 1. The City of Beaumont agrees to affirmatively further fair housing choice for all seven protected classes (race, color, religion, sex, disability, familial status, and national origin). 2. The City of Beaumont agrees to plan at least one activity during the contract term to affirmatively further fair housing. 3. The City of Beaumont will introduce and pass a resolution adopting this policy. As officers and representatives of the City, we the undersigned have read and fully agree to this plan, and become a party to the full implementation of this program. _____________________________ ______________ Roy West, Mayor Date Section 504 Policy Against Discrimination based on Handicap and Grievance Procedures In accordance with 24 CFR Section 8, Nondiscrimination based on Handicap in federally assisted programs and activities of the Department of Housing and Urban Development, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Section 109 of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5309), the City of Beaumont hereby adopts the following policy and grievance procedures: 1. Discrimination prohibited. No otherwise qualified individual with handicaps in the United States shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance from the Department of Housing and Urban Development (HUD). 2. The City does not discriminate on the basis of handicap in admission or access to, or treatment or employment in, its federally assisted programs and activities. 3. The City recruitment materials or publications shall include a statement of this policy in 1. above. 4. The City shall take continuing steps to notify participants, beneficiaries, applicants and employees, including those with impaired vision or hearing, and unions or professional organizations holding collective bargaining or professional agreements with the recipients that it does not discriminate on the basis of handicap in violation of 24 CFR Part 8. 5. For hearing and visually impaired individuals eligible to be served or likely to be affected by the CDBG program, the City shall ensure that they are provided with the information necessary to understand and participate in the CDBG program. 6. Grievances and Complaints A. Any person who believes she or he has been subjected to discrimination on the basis of disability may file a grievance under this procedure. It is against the law for the City of Beaumont to retaliate against anyone who files a grievance or cooperates in the investigation of a grievance. B. Complaints should be addressed to: Samantha Humphrey, Director of Economic Development and Grant Management, 404 Washington Avenue, Anahuac, Texas 77514, (409) 267-2400, who has been designated to coordinate Section 504 compliance efforts C. A complaint should be filed in writing or verbally, contain the name and address of the person filing it, and briefly describe the alleged violation of the regulations. D. A complaint should be filed within thirty (30) working days after the complainant becomes aware of the alleged violation. E. An investigation, as may be appropriate, shall follow a filing of a complaint. The investigation will be conducted by the Samantha Humphrey, Director of Economic Development and Grant Management. Informal but thorough investigations will afford all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint. F. A written determination as to the validity of the complaint and description of resolution, if any, shall be issued by Coty Secretary/Clerk, and a copy forwarded to the complainant with fifteen (15) working days after the filing of the complaint where practicable. G. The Section 504 coordinator shall maintain the files and records of the City relating to the complaints files. H. The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the determination/resolution as described in f. above. The request for reconsideration should be made to the City within ten working days after the receipt of the written determination/resolution. I. The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person’s pursuit of other remedies such as the filing of a Section 504 complaint with the U.S. Department of Housing and Urban Development. Utilization of this grievance procedure is not a prerequisite to the pursuit of other remedies. J. These procedures shall be construed to protect the substantive rights of interested persons, to meet appropriate due process standards and assure that the City complies with Section 504 and HUD regulations. _____________________________ ______________ Roy West, Mayor Date CODE OF CONDUCT CONFLICT OF INTEREST POLICY PERTAINING TO PROCUREMENT PROCEDURES As a Grant Recipient of a CDBG contract, the City of Beaumont shall avoid, neutralize or mitigate actual or potential conflicts of interest so as to prevent an unfair competitive advantage or the existence of conflicting roles that might impair the performance of the CDBG contract or impact the integrity of the procurement process. For procurement of goods and services, no employee, officer, or agent of the City shall participate in the selection, award, or administration of a contract supported by CDBG funds if he or she has a real or apparent conflict of interest. Such a conflict could arise if the employee, officer or agent; any member of his/her immediate family; his/her partner; or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. No officer, employee, or agent of the City shall solicit or accept gratuities, favors or anything of monetary value from contractors or firms, potential contractors or firms, or parties to sub- agreements, except where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. Contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals must be excluded from competing for such procurements. For all other cases, no employee, agent, consultant, officer, or elected or appointed official of the state, or of a unit of general local government, or of any designated public agencies, or subrecipients which are receiving CDBG funds, that has any grant-related function/responsibility, or is in a position to participate in a decision-making process or gain inside information, may obtain a financial interest or benefit from the federal or state grant activity. The conflict of interest restrictions and procurement requirements identified herein shall apply to a benefitting business, utility provider, or other third party entity that me or all work under a CDBG contract in order to meet any National Program Objectives. Any person or entity including any benefitting business, utility provider, or other third party entity that is receiving assistance, directly or indirectly, under a CDBG contract or award, or that is required to complete some or all work under the CDBG contract in order to meet a National Program Objective, that might potentially receive benefits from CDBG awards may not participate in the selection, award, or administration of a contract supported by CDBG funding. Any alleged violations of these standards of conduct shall be referred to the City’s Attorney. Where violations appear to have occurred, the offending employee, officer or agent shall be subject to disciplinary action, including but not limited to dismissal or transfer; where violations or infractions appear to be substantial in nature, the matter may be referred to the appropriate officials for criminal investigation and possible prosecution. _____________________________ _____________ Roy West, Mayor Date 9 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: December 12, 2023 REQUESTED ACTION: Council consider a resolution designating the City Manager as authorized signatories for contractual and financial documents to apply for and receive funding from the Texas Community Development Block Grant Disaster Recovery Program. BACKGROUND The Community Development Block Grant (CDBG) Disaster Recovery Program funding has been awarded by the Department of Housing and Urban Development (HUD) to disaster impacted counties from the 2019 Floods (including Tropical Storm Imelda) for infrastructure assistance. On July 26, 2022, by Resolution No. 22-183, City Council authorized the City Manager to execute all documents necessary to apply for and accept funding from the Texas General Land Office (GLO) for the CDBG Recovery Program for the Laura Addition Drainage Improvements project. The GLO requires the City to have at least two authorized signatories for contractual and financial documents. In addition to the City Manager, by this resolution, City Council authorizes the following: • The Mayor, Assistant City Manager, and Public Works Director are authorized to execute contractual documents associated with the Community Development Block Grant – 2019 Floods Program; and • The Director of Public Works and City Engineer are authorized to execute environmental review documents and to certify to environmental clearance matters associated with the CDBG-DR project; and • The Assistant City Manager, Chief Financial Officer, City Controller, and Grants Accountant are authorized to execute the State of Texas Purchase Voucher and Request for Payment Form documents required for requesting funds approved in the Community Development Block Grant – 2019 Floods Program. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, DESIGNATING AUTHORIZED SIGNATORIES FOR CONTRACTUAL DOCUMENTS AND DOCUMENTS FOR REQUESTING FUNDS PERTAINING TO THE COMMUNITY DEVELOPMENT BLOCK GRANT – 2019 FLOODS – CDBG-DR. WHEREAS, the City of Beaumont, Texas has received a Community Development Block Grant -(CDBG-DR) award to provide infrastructure improvements; and, WHEREAS, it is necessary to appoint persons to execute contractual documents and documents for requesting funds; and, WHEREAS, an original signed copy of the CDBG-DR Depository/Authorized Signatories Designation Form is to be submitted with a copy of this Resolution; and WHEREAS, the City of Beaumont, Texas acknowledges that in the event that an authorized signatory of the City changes (elections, illness, resignations, etc.) the City must provide the following: ● a resolution stating who the new authorized signatory is (not required if this original resolution names only the title and not the name of the signatory); and ● a revised Depository/Authorized Signatories Designation Form. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS AS FOLLOWS: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, The Mayor, City Manager, Assistant City Manager, and Public Works Director are authorized to execute contractual documents associated with the Community Development Block Grant – 2019 Floods Program; and, The Director of Public Works and City Engineer are authorized to execute environmental review documents and to certify to environmental clearance matters associated with the CDBG- DR project; and, The Assistant City Manager, Chief Financial Officer, City Controller, and Grants Accountant are authorized to execute the State of Texas Purchase Voucher and Request for Payment Form documents required for requesting funds approved in the Community Development Block Grant – 2019 Floods Program. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of December, 2023. _______________________________ - Mayor Roy West - 10 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Angela Wright, Chief Technology Officer MEETING DATE: December 12, 2023 REQUESTED ACTION: Council consider a resolution that grants authorization to the City Manager or their representative to engage in a three-year contract with Fusus Inc. based in Peachtree Corners, GA. Additionally, the resolution permits the City Manager or their representative to establish Memoranda of Understanding agreements with community members concerning shared camera access. BACKGROUND At present, the Beaumont Police Department can access a variety of information, data, and video streams from different sources. However, each source necessitates separate logins and navigation to retrieve information. Fusus technology streamlines this process by consolidating the existing data sources into a single interactive feed, all accessible on one video screen. In addition to utilizing city-owned video sources, Fusus enables both citizens and businesses to contribute their private camera feeds, integrating all sources into a unified display. Fusus technology is set to serve as the foundational infrastructure for the department's Real Time Crime Center. Fusus, Inc. is a sole source vendor. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of Resolution. ATTACHMENTS Fusus Purchase Packet 11.21.2023 Beaumont PD TX.pdf Fusus Terms & Conditions.pdf Sole Source Beaumont PD.pdf RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a contract with Fusus Inc., of Peachtree Corners, Georgia for three (3) years for the access of a variety of information, data, and video streams from different sources; and, THAT the City Manager or his designee be and they are hereby authorized to enter into Memoranda of Understandings with community members concerning shared camera access. 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 12th day of December, 2023. _______________________________ - Mayor Roy West - www.fūsus.com 5550 Triangle Parkway, Ste 100, Peachtree Corners, GA 30092 (844) 226-9226 November 21, 2023 Chief James Singletary Beaumont Police Department 801 Main Street Beaumont, TX 77704 Subject: Service Agreement Proposal Dear Chief Singletary, Fūsus is honored that Beaumont Police Department is considering our organization to support its regional community safety initiatives by providing a platform to view public and community video sources for incident situational awareness and investigations. Fūsus will provide a video and data collaboration platform to expedite intelligence gathering and efficiency of response to situations as they unfold throughout the community. Further, the platform is tied to a community-facing website portal for video camera registry, providing a tool for identifying the location of cameras in proximity to incidents, as well as a means for efficient outreach to collect recorded video and image files from camera owners both public and private. This Service Agreement Proposal and related software subscription will become effective upon signing and continue for thirty-six (36) months. 1. Initial Scope of Work: The following fūsus Enterprise Package software and associated hardware will be delivered and installed as part of this agreement. a. fūsusONE™: Initial setup, access and training of users to include up to 4,500 data points and 4,500 public/private video feeds b. fūsusCORE™: Installation and setup of: i. Ninety (90) fūsusCORE Pro™ Appliances ii. Five (5) fūsusCORE Elite™ Appliances iii. Fifteen (15) fūsusCORE Elite AI™ Appliances iv. Ten (10) fūsusCORE Lite Extended™ Appliances (Standard package does not include Core Lite Extended Appliances. Ten Core Lite Extended Appliances are being included at no cost, a $3,000 value, if this agreement is executed and returned to Fūsus by the close of business on December 31, 2023) c. fūsusREGISTRY™: Creation of a custom website portal for community members to register privately owned cameras d. fūsusVAULT™: Implementation of a CJIS compliant evidence vault for the storage of up to 30TB of videos and still images captured via the fūsusONE™ platform e. fūsusOPS™: Implementation of our smart-phone app which provides viewing of live camera feeds and setting up and transmitting the location of teams for special events and critical incident management f. fūsusTIPS™: Implementation of our SMS service that provides text communications of pictures, audio and video directly into fūsusVault™ g. fūsusNOTIFY™: Implementation of our SMS text service that provides text notifications to community members h. fūsusAlert™: Implementation of our iOS/Android application which provides panic alerting to fūsusONE™ along with geolocation of persons in distress and automatic docking of nearby camera assets in the fūsusONE™ platform www.fūsus.com 5550 Triangle Parkway, Ste 100, Peachtree Corners, GA 30092 (844) 226-9226 i. fūsusANALYTICS™: Implementation of our crime and incident heat mapping and analysis platform j. fūsusCONNECT Call-Out: Six (6) months fūsus call-out to businesses within the jurisdiction to assist with camera registration and integration k. fūsusCONNECT Microsite: Development of an agency specific website landing page to assist with building camera registration and integration of community video assets l. fūsusINCIDENT™: Implementation of the Fūsus Situational Awareness system for bi- directional telestration, icon marking, floorplan room clearing, planning, and resource staging from Emergency Operation Center workstations and mobile field-based users on laptops and iOS/Android mobile devices m. fūsusLIVELINK™: Provision of a live link system which allows 911 callers to initiate a camera stream in the event of an emergency to the Department, along with a one-to- many methodology for secure and encrypted responder-group sharing during an emergency n. fūsusOVERWATCH: Allows users the ability to track vehicles and people from one camera to another o. Remote Configuration of fūsus Core(s) p. Integration of all current and future video feeds q. Integration of three (3) Computer Aided Dispatch systems (Beaumont PD, Beaumont ISD and Lamar University PD), AVL, drone feeds, covert cameras, and license plate readers as required Note: fūsus™ will provide continuing data and IoT integrations at no additional charge for the life of the agreement 2. Payment and Subscription Terms: a. Payment 1: Due Upon Contract Signing $137,500 b. Payment 2: Due Upon Training and Acceptance $137,500 c. Payment 3: Due Upon 1st Anniversary of Contract Signing $275,000 d. Payment 4: Due Upon 2nd Anniversary of Contract Signing $275,000 Invoices for payments 3 and 4 will be sent 60 days prior to their respective due dates. This Enterprise subscription is a regional asset. Beaumont Police Department is the lead agency and Beaumont ISD, Lamar University and the Port Authority as partner agencies. At any time during this agreement Beaumont ISD, Lamar University and the Port Authority have the option to upgrade to their own Fūsus package at then current pricing. Note: Additional fūsusCORE™ appliances and camera streams may be purchased for the following per unit price schedule. a. CORE Lite: $200/each b. CORE Lite Extended: $300/each c. CORE Pro: $600/each d. CORE Pro Extended: $1,000/each e. CORE Elite: $4,000/each f. CORE Elite AI: $5,000/each g. Additional 500 Streams: $25,000 per year www.fūsus.com 5550 Triangle Parkway, Ste 100, Peachtree Corners, GA 30092 (844) 226-9226 3. Bill of Materials Included with the Service: As part of the annual subscription price, each system will include the following: a. fūsusONE™ SaaS b. Unlimited video alerts, access, and video download c. fūsusCORE™ warranty and technical support for the life of the agreement d. Unlimited fūsusOPS Application for Android and iOS Devices Subscription to fūsusONE™ includes all the following: a. Unlimited Users for Your Agency to fūsusONE™ – Real-Time Crime Center in the Cloud b. Unlimited Access for Your Agency to the fūsusONE™ Dashboard c. Floorplan Integration for designated locations in fūsusONE™ d. Ongoing Integration Services with the CAD System e. Installation and Technical Phone Support f. Provide a Full Solution Warranty for the Life of the Agreement g. Live U.S.-Based Phone Technical Support for the Life of the Agreement 4. Technical Requirements: a. Camera live-sharing compatibility will be assessed for each location before CORE delivery. b. The customer will designate a primary POC for the deployment of the fūsus™ solution. c. Minimum network speed of .5 mb/s per viewed camera for live video sharing through the system. 5. Terms and Conditions: The use of and access to fūsus™ products and services is subject to the fūsus™ Terms of Service V08.30.2022 found at https://www.fusus.com/fusus-terms-of-service. The Termination for Convenience Clause Asserts that the customer may, at its sole discretion, terminate the agreement with 30 days of written notice to Fūsus. Services will be reimbursed on a pro-rated basis from the last day of the term through the agreement’s remainder. The cost of any unreturned or unserviceable fūsusCORE(s), as listed above in Section 2, will be deducted from the refund. We are privileged to work with you on this project. Should you have any questions at any time, please feel free to call (765) 237-1769 or email me at jdw@fūsus.com. Respectfully, John Watson Vice President of Sales Approved (Signature): _______________________________________________ By (Print Name/Title): ______________________________________ Date __________ Beaumont Police Department Beaumont Police Department 801 Main Street Beaumont, TX 77704 United States James Singletary james.singletary@beaumonttexas.gov +14098803801 Reference: 20231121-075154282 Quote created: November 21, 2023 Quote expires: December 31, 2023 Quote created by: Troy Gay "Public Safety Advisor " tgg@fusus.com 512-775-5283 Comments from Troy Gay Products & Services Item & Description Quantity Unit Price Total Enterprise Plus Package SaaS 1 $275,000.00 / year $275,000.00 / year Core Pro Appliance 90 $600.00 $0.00 Core Elite Appliance 5 $4,000.00 $0.00 Core Elite AI Appliance 15 $5,000.00 $0.00 Core Lite Extended Appliance 10 $300.00 $0.00 SaaS Subscription to Include 4,500 Data Streams/Data Points, 30 TB of Cloud Storage for 3 years after 100% discount after 100% discount after 100% discount after 100% discount Annual subtotal $275,000.00 One-time subtotal $0.00 Total $275,000.00 Purchase terms Questions? Contact me Troy Gay "Public Safety Advisor " tgg@fusus.com 512-775-5283 Fusus, Inc. 5550 Triangle Parkway Peachtree Corners, Georgia 30092 United States of America after $152,000.00 discount www.fusus.com 5550 Triangle Parkway, Ste 100, Peachtree Corners, GA (844) 226-9226 smash silos. fuse communities. Fusus is the only manufacturer that builds a common operating platform that does not require a complete replacement of video cameras, recorders, servers, or network equipment at video transmitting locations. As such, the solution is robust yet fast and cost efficient to deploy and requires minimal supervision on the part of the Department. FususONE™, the Company’s flagship enterprise software management system, is the only platform of its kind on the market and there are no comparable market alternatives that meet the specifications set forth in this letter. Accordingly, the product has met the criteria set by over 180 Nationwide Departments under contract with Fusus for a sole source procurement methodology. Referenced in this letter are the components of the Fusus ecosystem. These are: (1) fususONE™, the Real-Time Video and Incident Management Platform, (2) fususCORE™, the appliance used for video sharing, and (3) fususCONNECT™, the community facing portal for live and recorded video sharing to aid in response and investigations. The fususONE™ platform offers the following unique capabilities to your Department: • Patented “Dispatch-Directed Payload” digital media payload sharing with assigned Officers for Calls for Service (Patent Number US11368586B2) • Patented SMS-Based fususTIPS™ and fususALERT™ (Patent Number US20220076556A1) for multi-media photo, video, and text-based tip sharing from Department employees, community members, and police officers to better assess field based issues as they arise, and an iOS and Android-based panic alert application for alert, location, and policy-based sharing of the closest available surveillance camera assets to the source of the alert. • Unlimited Third-Party Integrations are included at no cost from Fusus, allowing the value and functionality of the Fusus-ecosystem to grow with the needs of the Department. • Global map-based GUI of all camera locations, and organizations partnered with the Department for sharing. • Full Integration with Axon Body 3™ Body-Worn Cameras (BWCs) – including capabilities unique to Fusus for correlation of Officer location, BWC recording status, access to BWC live streaming video, user authentication and correlation to other video and alerting assets through the platform. • Real-time video accessibility to over 1,000 camera and camera software manufacturers, including UAV, Robot, Helicopter and other public safety video assets that may already be in use • CJIS Compliant Cloud Based Management (AWS Gov Cloud) • Policy-Based Sharing rules engine including a complete chain of custody report of video access by user • Real Time Integration with your Department’s Computer Aided Dispatch Software (CAD) for automatic display of calls for service in relation to live and recorded video based on priority and type • Apple iOS and Android Interoperability for Live View and Sharing of Incident Video, Map Telestration for Team Incident Response and Team Movement Coordination, and a Secure Chat of Digital Media by supervisors to field-based users and groups • Artificial Intelligence “Search” (rapid object-based video review), “Sentry” (real-time object-based alerting), and “Self-Serve” (behavorial AI for high risk actions like wrong way traffic) capabilities • An Operational Dashboard for monitoring secure chat channels between your and business community stakeholders, social media integration, local and national news channels, daily operational briefs promulgated by the Department, and emergency and safety-related notifications • fususOVERWATCH™ (patent pending) for the correlation of video cameras in relation to a single camera for high speed pursuit monitoring via map based interface www.fusus.com 5550 Triangle Parkway, Ste 100, Peachtree Corners, GA 30092 (844) 226-9226 • A fususALERT™ panic alerting mobile app for Department-designated community member locations for location alerting and policy-based video sharing during critical incidents • fususNOTIFY™ mass notification capabilities for community SMS alerts • fususANALYTICS™: Crime and incident heat mapping capabilities to provide location and day of week/time of day frequency analytics over specified search periods for data-driven decision making. The fususCORE™ offers the following unique capabilities to your Department: • Encrypted and Secure Tunnel of User selectable video feeds from video sharing locations. • Auto-Discovery of all cameras on a network, user selectable for sharing with the Department’s real-time crime interface, fususONE • On-Board Pre-Record of Alerts – store and forward methodology optimized for slower camera host networks • Plug and Play Setup by the video host locations, not requiring project management by the Department • Interoperability with Existing IP Cameras and NVRs/Servers for items such as helicopter, drone, tactical robot, license plate recognition, and fixed location video • Health Monitoring of video sharing sites, and exception alerts for priority video sources • Public Safety-specific cellular interoperability, including First Net • Artificial Intelligence Based Search & Alert Capabilities for both public and community-owned camera sources The fususCONNECT™ website portal offers the following unique capabilities to your Department: • A unique web address owned by your Department for Community Camera Registry • An intuitive map-based camera registry interface that allows camera owners to share camera location, type, and their contact information with the Department, to aid in investigations • A secure portal, fususVAULT™, for sharing recorded video from witnesses with the Department and to aid in investigations • Aggregation of all live incident views and recorded video into a case file for export to the Department’s long-term digital evidence management software (DEMS) system, including Axon’s Evidence.com. • fususLIVELINK™ provides the Department’s 911 callers with an app-free method to share video from their phone during a 911 call through an SMS-transmitted link that is sent to their phone Fusus is the sole entity with the authority, access, and ability to provide enhancements, upgrades, and warranty support for its hardware and software products. Sincerely, Anthony Baldoni Chief Operating Officer Fūsus, Inc. Updated 08.30.2022 Fusus Terms of Service Terms and Conditions Governing a Subscriber’s Use of the Fūsus Software, and all Fūsus Solutions and Services Provided via the Software, including but not limited to the FūsusONE, FūsusREGISTRY, FūsusOPS, FūsusALERT, FūsusTIPS, FūsusNOTIFY, FūsusCORE, FūsusVAULT, FūsusCONNECT and FūsusNOTIFY product offerings. 1. Introduction: A. Subscribers to the Terms. The following Terms of Service Agreement (the “Terms” or the “Agreement”) is a binding agreement between Fūsus Inc. (“Fūsus”) and you, a user of the Fūsus Software (“Software”) and/or a Subscriber to the FūsusONE Real Time Interoperability Solution (“Solution”), as presented in the accompanying Offer Letter, which You agree to, either as an individual of at least eighteen years of age, or as an organizational entity, or as an associational entity, in accordance with your status and existence (“You” or “Subscriber”). These Terms govern Your use of the Fūsus Software, the Solution, and all other solutions, services and networks owned or controlled by Fūsus (all of which are included in the definition of “Content” provided in Section 1 below), which are provided to You via the Software. When You accessed this Software, and/or when You registered Your account on the Software (“Account”) and/or when You clicked the “AGREED” box on the Software login page, You acknowledged Your understanding of these Terms and Your voluntary consent to be bound by these Terms. (1) Individual Subscribers. If You are an individual, You hereby represent and warrant to Fūsus that You are at least eighteen (18) years of age or and otherwise capable of entering into and performing legal agreements, and that You agree to be bound by the Terms. (2) Entity Subscribers. If You are going to use the Solution on behalf of a public entity, business entity, corporate entity, organizational entity, or associational entity, You hereby represent to Fūsus that You have the authority to bind that entity to these Terms as the Subscriber, and Your acceptance of these Terms will be treated as acceptance by that public, business, corporate, organizational, or associational entity as the Subscriber. In that event, You acknowledge and understand that “You” and “Your” will refer to that public, business, corporate, organizational, or associational entity as the Subscriber, which Subscriber is bound to these Terms, along with all officers, directors, employees, contractors, agents, or volunteers in and under Subscriber’s control and/or supervision, who are also bound to these Terms. B. Updates to the Terms. When using the Software, the Solution, and/or any other solutions and/or services provided by Fūsus via the Software, You will be subject to any updates and revisions to these Terms. Fūsus reserves the right, at Fūsus’s sole discretion and without prior notice to You, to update, amend, change, modify, add, or remove portions of these Terms at any time by posting the updated Terms (“Updates”). Unless otherwise stated in writing by Fūsus, all Updates shall be effective immediately upon posting on the Software, and Your continued use of the Fūsus Software after the posting of any Updates to these Terms constitutes Your binding acceptance of such changes. You acknowledge and agree that it is Your responsibility to ensure that You are current and up-to-date in Your understanding of and compliance with these Terms, notwithstanding whether or not Fūsus has posted any notice of Updates to these Terms on the Software, and you acknowledge, understand, and agree that You must periodically check these Terms for Updates. Additional posted policies, guidelines or rules applicable to specific services and features, may be posted from time to time (“Policies”). All such Policies are hereby incorporated by reference into these Terms. In the case of any inconsistency between these Terms and any other document that has been incorporated by reference herein, these Terms shall control. 2. CONTENT. A. Content Defined. The Software contains the Solution and may contain other solutions and products and services, as well as a variety of materials and other items relating to the Solution and to Fūsus’s other products and services, and similar items from our licensors and other third parties, including all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Software and of the Solution, and the compilation, assembly, and arrangement of the materials of the Software and any and all copyrightable material (including source and object code), trademarks, logos, trade names, service marks, company names, and trade identities of various parties, including those owned by Fūsus and those owned by third parties and licensed to Fūsus for use on the Software (collectively, “Trademarks”), and other forms of intellectual property included in the Software, in the Solution, and/or in any other product or solution or service provided by Fūsus. All of the foregoing, including the Solution and any other solutions, products, and/or services provided by Fūsus through the Software is defined and referred to collectively in these Terms as “Content”. B. Ownership. The Software (including any past, present, and future versions) and the Content are owned by Fūsus or controlled by Fūsus through licenses granted to Fūsus by its licensors. All right, title, and interest in and to the Content available via the Software is the property of Fūsus or of our licensors, and is protected by U.S. federal copyright, trademark, patent, and trade secrets laws and by other federal and state intellectual property, and unfair competition laws. In addition to Fūsus’s copyright ownership of the Content, Fūsus owns a copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Software. “Intellectual Property Rights,” as used in these Terms, means any and all rights belonging to Fūsus and existing under patent law, copyright law, semiconductor chip protection law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide, in any intellectual property, which includes, but is not limited to, patentable inventions, ideas, and processes, trade secrets, trademarks, trade names, copyrightable works, and any confidential information. As between You and Fūsus, Fūsus retains all its respective titles, interests, and ownership in the Software and the Content, and You understand and acknowledge that neither You nor any other Subscriber acquires any ownership in any Intellectual Property Rights regarding the Software or the Content under these Terms. C. Limited License Granted to You. Subject to Your strict and ongoing compliance with Your Subscription Agreement and with these Terms, Fūsus Updated 08.30.2022 Updated 08.30.2022 grants You a limited, non-exclusive, revocable, non-assignable, and non-transferable license to use the Software and the Solution (the “Limited License”). The foregoing Limited License does not give You any ownership of, or any other intellectual property interest in, any Content (including, but not limited to, the Solution), and Fūsus reserves the right to suspend or terminate, at any time and for any reason, Your Limited License without any advance notice to You, and without any liability. This Agreement and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Software. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to You are reserved by Fūsus. Any unauthorized use of any Content or the Software for any purpose is strictly prohibited. 3. SUBSCRIBER-GENERATED CONTENT: CONTENT YOU SUBMIT. A. Your Ownership of Subscriber-Generated Content. Fūsus may provide a Subscriber the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Software (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials created by a Subscriber (collectively, “Subscriber-Generated Content”). Subject to the rights and license You grant to Fūsus under these Terms (see below), You retain whatever legally cognizable right, title, and interest that You have in Your Subscriber-Generated Content. You understand and acknowledge that Fūsus has no obligation to monitor or enforce Your intellectual property rights to Your Subscriber-Generated Content. (hereinafter, “PII”). B. Fūsus’s Enforcement Rights in Subscriber-Generated Content. You grant Fūsus the exclusive right to protect and enforce its licensed rights to Your Subscriber-Generated Content while it is posted on the Software, including the right to bring and control enforcement actions in Your name and on Your behalf at Fūsus’s cost and expense. C. Your Representations and Warranties and Your Indemnification Obligations for Your Subscriber-Generated Content. Each time You submit any Subscriber-Generated Content, You represent and warrant that You are the sole author and owner of the intellectual property and other rights to the Subscriber- Generated Content, or You have a lawful right to submit the Subscriber-Generated Content. 4. REPORTING INTELLECTUAL PROPERTY INFRINGEMENT. DMCA Notice for Copyright Infringement. Fūsus will respond appropriately to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”), as set forth below. If You own a copyright in a work (or represent such a copyright owner) and believe that the copyright in that work has been infringed by an improper posting of it as part of Subscriber-Generated Content on the Software, then You may send us a written notice that includes all of the following: Updated 08.30.2022 (1) a subject line that says: “DMCA Copyright Infringement Notice”; and (2) a description of the copyrighted work that You claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works; and (3) a description of the location of the infringing material on the Software; and (4) Your full name, address, telephone number, and e-mail address; and (5) a statement by You that You have a good faith belief that use of the allegedly infringing material in the manner complained of is not authorized by the copyright owner; and (6) a statement by You, made under penalty of perjury, that all the information in Your notice is accurate, and that You are the copyright owner (or, if You are not the copyright owner, then Your statement must indicate that You are authorized to act on the behalf of the owner); and, (7) Your physical signature or, if sent within an email (rather than in a physical document or a digital document attached to an email), the characters “//s//” followed by Your full typed name, which will serve as Your electronic signature. Fūsus may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Fūsus may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA. B. Mode of Communication. Fūsus will only respond to DMCA Notices that it receives by mail or e-mail at the addresses below: By Mail: Fūsus ATTN: DMCA Notice 5550 Triangle Pky, Suite 100 Peachtree Corners, GA 30092 By E-Mail: helpdesk@fusus.com We may send the information that You provide in Your DMCA Notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification. Without limiting Fūsus’s other rights, Fūsus may, in appropriate circumstances, terminate a repeat infringer’s access to the Software and any other Software owned or operated by Fūsus. C. DMCA Counter-Notification regarding Copyright Infringement. Updated 08.30.2022 If access on the Software to a work that You submitted to Fūsus is disabled or the work is removed as a result of a DMCA Notice, and if You believe that the disabled access or removal is the result of mistake or misidentification, then You may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information: (1) a subject line that says: “DMCA Counter-Notification”; and (2) a description of the material that has been removed or to which access has been disabled and the location at which the material appeared on the Software before it was removed or disabled; and (3) a statement made under penalty of perjury that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and (4) Your full name, address, telephone number, e-mail address, and the username of Your Account; and (5) a statement that You consent to the jurisdiction of the Federal District Court for the judicial district in which Your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the District of Georgia), and that You will accept service of process from the person who provided DMCA notification to us or an agent of such person; and (6) Your physical signature or, if sent within an email (rather than in a physical document or a digital document attached to an email), the characters “//s//” followed by Your full typed name, which will serve as Your electronic signature. Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than 10 and not more than 14 business days following receipt of the DMCA Counter- Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Software. You should also be aware that we may forward the DMCA Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice. D. Reporting Infringement of Other Intellectual Property. If You own intellectual property other than a copyright and believe that Your intellectual property has been infringed by an improper posting or distribution of it on the Software, then You may send Fūsus a written notice to one of the addresses set forth in Section 4.A. above that includes all of the following: (1) a subject line that says: “Intellectual Property Infringement Notice”; and (2) a description of the intellectual property that You claim has been infringed, or a list of the intellectual (3) property if multiple works have been infringed; and a description of the location of the infringing material on the Software; and Updated 08.30.2022 (4) Your full name, address, telephone number, and e-mail address; and (5) a statement by You that You have a good faith belief that use of the allegedly infringing material in the manner complained of is not authorized by the owner; and (6) a statement by You, made under penalty of perjury, that all the information in Your notice is accurate, and that You are the owner (or, if You are not the owner, then Your statement must indicate that You are authorized to act on the behalf of the owner); and, (7) Your physical signature or, if sent within an email (rather than in a physical document or a digital document attached to an email), the characters “//s//” followed by Your full typed name, which will serve as Your electronic signature. Fūsus will act on such notices in its sole discretion. Any User of the Software that fails to respond satisfactorily to Fūsus with regard to any such notice is subject to suspension or termination. We may send the information that You provide in Your notice to the person who provided the allegedly infringing material. 4. YOUR ACCOUNT AT FŪSUS. A. Registration. To access the Solution through the Software, You not only must execute a Subscription Agreement, but also You must become a registered user of the Software by establishing an Account. The Software's practices governing any resulting collection and use of Your personal information in Your Account are disclosed in its Privacy Policy. B. Usernames and Passwords. If You register for any feature of the Software that requires a password and/or username, such as the Solution, then You will select Your own password at the time of registration (or we may send You an email notification with a randomly generated initial password) and You agree to the following: (1) You will not use a username (or e-mail address) that is already being used by someone else, that may impersonate another person, that belongs to another person, that violates the intellectual property or other right of any person or entity, or that is offensive (Fūsus may reject the use of any password, username, or email address for any reason in our sole discretion); and (2) You will provide accurate, current, and complete registration information about Yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete for as long as You use the features to which the registration relates; and (3) You are solely responsible for all activities that occur on the Software under Your Account, password, and username, whether or not You authorize the activity (except to the extent that any activity occurs due to unauthorized use of Your password and username by another person or entity), and, accordingly, if You are an entity Subscriber, You are solely responsible for the actions of all persons subject to Your control and/or supervision who access the Software and the Content through Your subscription; and (4) You are solely responsible for maintaining the confidentiality of Your password and for restricting access to Your computers, phones, pads, tablets, or other Internet Access Devices, so that unauthorized persons may not access any password protected portion of the Software using Your name, username, or password; and (5) You will immediately notify Fūsus of any unauthorized use of Your Account, password, or username, or any other breach of security; and (6) You will not sell, transfer, or assign Your Account or any Account rights. Fūsus shall have no liability for any loss or damage (of any kind and under any legal theory) to You or any third party arising from Your inability or failure for any reason to comply with any of the foregoing security obligations. C. Termination in the Event of Non-appropriation. If You are a public entity and do not appropriate funds for this agreement, then this agreement and all Your obligations terminate. A refund will be provided for any unused portion of the paid subscription, after the 30- day notice period through the remainder of the term. D. Software Access Charges. Fūsus reserves the right, upon reasonable notice, to charge for access to some or all of the Software, charge for access to premium functionality or Content on some or all of the Software, or require a subscription or registration to access some or all of the Software. Fūsus further retains the right to change the terms and conditions for accessing the Software or portions of the Software; and the right to restrict access to the Software or portions of the Software, in whole or in part, based on any lawful eligibility requirements Fūsus may elect to impose (e.g., geographic or demographic limitations). Fūsus may modify, revalue, or make the registration free at its sole discretion without advance notice or liability. E. Your Use of an Internet Access Device and Third-Party Components. You understand and agree that Your use of any Internet Access Device and/or all third-party hardware, software, services, telecommunication services (including Internet connectivity), or other items used by You to access the Software (“Third-Party Components”) are the sole and exclusive responsibility of You, including all costs of Your use of such Third-Party Components, and that Fūsus has no responsibility for such third- party components, services, or Your relationships with such third parties. You agree that You shall at all times comply with the lawful terms and conditions of Your agreements with such third parties. Fūsus does not represent or warrant that the Software and the Content are compatible with any specific third-party hardware or software or any other Third- Party Components. You are responsible for providing and maintaining an operating environment as reasonably necessary to accommodate and access the Software. F. Wireless Features. The Software may offer certain features and services that are available to You via Your wireless Internet Access Device. These features and services may include the ability to access the Software’s features and upload content to the Software, receive messages from the Software, and download applications to Your wireless Internet Access Device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by Your carrier to participate in Wireless Features. Fees and charges may appear on Your wireless bill or be deducted from Updated 08.30.2022 Updated 08.30.2022 Your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with Your carrier or wireless Internet Access Device. You should check with Your carrier to find out what plans are available and how much they cost. Contact Your carrier directly with questions regarding these issues. You understand and acknowledge that Fūsus has no responsibility or liability for Your ability or inability to access or take advantage of any Wireless Features due to Your carrier, Your phone service plan, Your Internet Access Device, or any other Third-Party Component. G. Customer Service. Fūsus acknowledges the importance of response times for critical systems when technical issues arise. As such, Fūsus shall provide technical support during normal business hours from 9am to 5pm ET, and via an on-call after- hours support team which is available on a 24/7/365 basis. When technical issues arise, Subscriber may contact Fusus Technical Support via phone at: (844) 226-9226 ext. 2 or via email at: helpdesk@fusus.com. Fusus will make every effort in all circumstances to respond to Subscriber technical support inquiries in a timely fashion. For after- hours support requests, Subscriber shall notify Fusus of the priority of their request when it is submitted. The priority shall determine the guaranteed response time as detailed below: (1) Priority 1 – Technical concerns impacting a single or multiple users that require immediate resolution during critical incidents or major events at the Agency/Organization. Fūsus to return customer’s call or email within 2 hours, including holidays and weekends. (2) Priority 2 – Technical concerns impacting multiple users, non-critical/major events. Fūsus to return customer’s call or email within 24 hours. (3) Priority 3 – Technical concerns impacting a single user, non-critical/major events. Fūsus to return customer’s call or email within 1 business day. 5. YOUR GENERAL REPRESENTATIONS AND WARRANTIES. A. You represent and warrant the following in respect of this Agreement: (1) You have the necessary authority to enter into this Agreement; and (2) If You are an individual, You are over the age of eighteen; and (3) You shall cooperate with all of the instructions, rules, and procedures that apply to Your Fūsus Account; (4) You have provided and will continue to provide true, accurate, current, and complete Account registration information; and (5) You will respect and abide by all of Your obligations under this Agreement, and You will perform Your obligations under this Agreement diligently; and (6) If You are an entity Subscriber, You will monitor and closely supervise all of the persons under Your employment, including all officers, directors, employees, contractors, agents, and legal representatives who access the Software and the Content through Your subscription to ensure their compliance with these Terms, and You understand, acknowledge, and agree that You are entirely responsible for such compliance by all persons subject to Your control and/or supervision; and (7) You will comply with all laws and regulations applicable to this Agreement and to the Software and Content, include all laws regarding personal rights of privacy and publicity. B. Expressed Warranty. Products manufactured by Fūsus are warranted to be free from defects in material and workmanship under normal use and service. This warranty is applicable to any of Fūsus’s products provided as part of the Software as a Service agreement with Subscriber, or purchased by Subscriber for use with their subscription, that Subscriber returns to Fūsus during the period of the initial term of the agreement. (1) Real-Time Crime Center in the Cloud Subscribers (RTC3): All equipment issued as part of a RTC3 project, including fususCORE™ appliances and peripherals, are warranted for the duration of the initial agreement and will be repaired or replaced at Fūsus’s cost with an appropriate Request to Merchant (RMA) authorization. (2) Security Operations Center in the Cloud Subscribers (SOC2): All equipment issued as part of a SOC2 project, including fususCORE™ appliances and peripherals, are warranted for one (1) year from the original date of shipment to Subscriber or its authorized reseller. Extended annual warranty periods purchased by Subscriber for coverage after the first year must be purchased prior to the original shipment of hardware to be considered valid. All warrantied hardware will be repaired or replaced at Fūsus’s cost with an appropriate Request to Merchant (RMA) authorization. Fūsus's obligations, with respect to such applicable warranty returns, are limited to repair, replacement, or refund of the purchase price actually paid for the product, at Fūsus's sole option. Fūsus shall bear round-trip shipment costs of defective items found to be covered by this warranty. Defective products or parts thereof may be replaced with either new, factory refurbished, or remanufactured parts. Defective parts, which have been replaced, shall become Fūsus property. This warranty does not extend to any product sold by Fūsus which has been subjected to misuse, neglect, accident, improper installation by a non-authorized 3rd party, or a use for purposes not included or not in accordance with installation procedures and instructions furnished by Fūsus, or which has been repaired or altered by persons other than Fūsus or which has been damaged by secondary causes, including but not limited to, improper voltages, adverse environment conditions, improper handling, or products which have had their serial number or any part thereof altered, defaced, or removed. 6. INDEMNIFICATION AND LIABILITY A. Fūsus shall indemnify, defend and hold the Customer and its officials, agents and employees harmless from and against any and all claims, damages, losses, injuries and expenses (including reasonable attorneys’ fees), relating to or arising out of: (i) any act or omission of Fūsus, its officers, employees, subcontractors, or agents in connection with the performance of the Services; (ii) any security breach or other breach of a covenant, representation or warranty made by Fūsus under this Contract; and (iii) use by Fūsus of any intellectual property in connection with the Services (whether such intellectual property is owned by Fūsus or a third party) or the incorporation by Fūsus of intellectual property into the Services. 7. GENERAL PROVISIONS. A. Severability and Interpretation. Updated 08.30.2022 If any provision of this Agreement, is for any reason deemed invalid, unlawful, void, or unenforceable by a court of competent jurisdiction, then that provision will be deemed severable from this Agreement, and the invalidity of the provision will not affect the validity or enforceability of the remainder of this Agreement which will remain in full force and effect. B. Communications. Whenever You communicate with Fūsus electronically, such as via e-mail, You consent to receive communications from Fūsus electronically. Please note that, except as set forth in the provisions of this Agreement regarding the DMCA, Fūsus is obligated to respond to inquiries that it receives. C. Assignment. Fūsus may assign its rights and obligations under this Agreement, in whole or in part, to any party at any time without any notice. This Agreement may not be assigned by You, and You may not delegate Your duties under these Terms, without the prior written consent of an officer of Fūsus. D. No Waiver. Except as expressly set forth in this Agreement, no failure or delay by You or Fūsus in exercising any rights or remedies under this Agreement will operate as a waiver of that or any other right or remedy. E. No Partnership or Joint Venture. Neither this Agreement, nor any terms and conditions contained herein shall be construed as creating a partnership, joint venture, franchise or agency relationship between You and Fūsus. F. Complete Agreement. This Agreement contains Your entire understanding with Fūsus with respect to the subject matter and supersedes any and all prior oral or written proposals or understanding. Updated 08.30.2022 11 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Sharae Reed, City Attorney MEETING DATE: December 12, 2023 REQUESTED ACTION: Council consider a resolution casting the City of Beaumont's votes (487) to Lauren Williams Mason for election to the Jefferson Central Appraisal District Board of Directors for the 2023-2024 term of office. BACKGROUND A letter from Angela Bellard, Chief Appraiser, is attached. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby casts all of its votes for Lauren Williams Mason to the Board of Directors of the Jefferson Central Appraisal District. 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 12th day of December, 2023. _______________________________ - Mayor Roy West - JEFFERSON COUNTY APPRAISAL DISTRICT Voting Allocation for 2024 Board of Directors Based on 2022 Tax Levies % of Total 2022 Tax Levy Tax Levy # of Votes % of Votes Drainage District #6 $23,427,868.62 3.45% 173 3.46% Drainage District #7 $33,779,670.10 4.98% 249 4.98% Navigation and Waterways Dist $25,422,730.02 3.75% 187 3.74% Port of Beaumont $12,373,766.90 1.82% 91 1.82% Port of Port Arthur $13,295,431.20 1.96% 98 1.96% Port of Sabine Pass $1,221,557.62 0.18% 9 0.18% Trinity Bay Conservation Dist $34,951.62 0.01% 0 0.00% WCID #10 $1,195,288.97 0.18% 9 0.18% SUBTOTAL C & R DISTRICTS: $110,751,265.05 16.32% 816 Jefferson County $101,916,031.98 15.02% 751 15.02% Beaumont ISD $150,787,117.31 22.22% 1,111 22.22% Hamshire-Fannett ISD $12,348,122.44 1.82% 91 1.82% Hardin Jefferson ISD $7,926,538.12 1.17% 58 1.16% Nederland ISD $39,288,501.02 5.79% 290 5.80% Port Arthur ISD $87,325,381.64 12.87% 643 12.86% Port Neches-Groves ISD $43,066,516.81 6.35% 317 6.34% Sabine Pass ISD $12,622,644.64 1.86% 93 1.86% City of Beaumont $66,073,242.31 9.74% 487 9.74% City of Bevil Oaks $117,846.46 0.02% 1 0.02% City of Groves $6,643,748.74 0.98% 49 0.98% City of Nederland $7,247,093.95 1.07% 53 1.06% City of Port Arthur $24,110,455.30 3.55% 178 3.56% City of Port Neches $8,398,140.27 1.24% 62 1.24% City of Taylor Landing $57,422.98 0.01% 0 0.00% SUBTOTALS: $567,928,803.97 83.68% 4,184 TOTALS: $678,680,069.02 100.00% 5,000 12 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: June Ellis, Assistant City Manager, Operations MEETING DATE: December 12, 2023 REQUESTED ACTION: Council to consider an ordinance designating a geographic area within the city as a tax increment reinvestment zone; describing the boundaries of the zone; creating a board of directors for the zone and appointing members of the board; establishing a Tax Increment Fund (TIRZ Fund) for the zone; containing findings related to the creation of the zone; and providing for a date for the termination of the zone. BACKGROUND The City hired a consulting firm - Petty & Associates - in August to work with the City to determine the feasibility of the creation of a Tax Increment Reinvestment Zone (TIRZ) for downtown Beaumont. Multiple meetings were held with City staff, and information and data were provided to the consultant for determining the feasibility of a downtown TIRZ. A meeting with City Council was held by the consultant to give an overview of the TIRZ and discuss it in detail. At the November 21st City Council meeting, a presentation was given by the consultant based on the results of the feasibility study that was conducted. That City Council meeting also allowed the City Council to ask questions of the consultant and staff, related to the proposed TIRZ creation for downtown Beaumont. Also at the City Council meeting on November 21st, the City Council voted on a resolution to set a public hearing for December 5th for the TIRZ creation. A public hearing was held on December 5th. This agenda item requests consideration for the approval of an ordinance to create the downtown Beaumont TIRZ, to be known as Reinvestment Zone, Number One. Upon adoption of the ordinance, the Reinvestment Zone, Number One will be created, and any increment received above the base value, beginning January 1, 2024, will be deposited into the TIRZ Fund. Approval of the ordinance, before the end of the calendar year, will allow for tax increment revenue for the 2024 tax year to be received by the City during the 2024-2025 fiscal year. FUNDING SOURCE N/A RECOMMENDATION Approval of the ordinance. ATTACHMENTS ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, DESIGNATING A GEOGRAPHIC AREA WITHIN THE CITY AS A TAX INCREMENT REINVESTMENT ZONE PURSUANT TO CHAPTER 311 OF THE TEXAS TAX CODE, TO BE KNOWN AS REINVESTMENT ZONE NUMBER ONE, CITY OF BEAUMONT, TEXAS; DESCRIBING THE BOUNDARIES OF THE ZONE; CREATING A BOARD OF DIRECTORS FOR THE ZONE AND APPOINTING MEMBERS OF THE BOARD; ESTABLISHING A TAX INCREMENT FUND (TIRZ FUND) FOR THE ZONE; CONTAINING FINDINGS RELATED TO THE CREATION OF THE ZONE; PROVIDING A DATE FOR THE TERMINATION OF THE ZONE; PROVIDING THAT THE ZONE TAKE EFFECT IMMEDIATELY UPON PASSAGE OF THE ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Beaumont, Texas (the "City"), pursuant to Chapter 311 of the Texas Tax Code, as amended (the "Act"), may designate a geographic area within the City as a tax increment reinvestment zone if the area satisfies the requirements of the Act; and, WHEREAS, the City Council of the City (the “City Council”) desires for the City to consider the creation of a tax increment reinvestment zone in the City consisting of approximately 7,384.43 acres depicted on Exhibit “A,” and identified within Exhibit “B,” attached hereto (the “Property”); and, WHEREAS, pursuant to and as required by the Act, the City Council prepared a Reinvestment Zone Number One, City of Beaumont, Texas, Preliminary Project and Finance Plan (the "Preliminary Project and Finance Plan") attached hereto as Exhibit “B,” and incorporated herein for all purposes; and, WHEREAS, notice of the public hearing on the creation of the proposed zone was published in the Beaumont Enterprise, a newspaper of general circulation within the City, on November 27, 2023, which date is not later than the seventh (7 th ) day before the public hearing held on December 5, 2023; and, WHEREAS, at the public hearing on December 5, 2023, interested persons were allowed to speak for or against the creation of the zone, the boundaries of the zone, and the concept of tax increment financing, and owners of property in the proposed zone were given a reasonable opportunity to protest the inclusion of their property in the zone; and, WHEREAS, evidence was received and presented at the public hearing in favor of the creation of the zone; and, WHEREAS, the City has taken all actions required to create the zone including, but not limited to, all actions required by the Act, the Texas Open Meetings Act, and all other laws applicable to the creation of the zone; and, WHEREAS, the City desires to appoint initial members to the board of directors of the zone; and, WHEREAS, terms used in this Ordinance that have their initial letters capitalized shall have the meanings given to them in this Ordinance; however, terms shall have the meanings given to them in the Preliminary Project and Finance Plan; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS: SECTION 1 FINDINGS: a) The recitals, findings, and determinations contained in the preamble to this Ordinance are incorporated into the body of this Ordinance as if fully set forth in this Section and are hereby found and declared to be true and correct legislative findings and are adopted as part of this Ordinance for all purposes. b) The City Council finds that the PUBLIC IMPROVEMENTS will significantly enhance the value of all the taxable real property in the zone and will be of general benefit to the City. c) The City Council finds that the proposed zone meets the requirements of Section 311.005(a) of the Act in that: (i) there is a need for essential public infrastructure and economic development programs to attract new business and commercial activity to the proposed zone for the purposes of increasing the real property tax base for all taxing units within the zone, increasing sales and use taxes for the City and the State of Texas, and increasing job opportunities for residents of the City and the region; and (ii) the proposed zone, as shown within Exhibit A, meets the criteria for the creation of a reinvestment zone set forth in Section 311.005 of the Act in that the area is predominantly open or undeveloped and, because of obsolete platting, deterioration of structures or site improvements, or other factors, substantially impairs and arrests the sound growth of the municipality; and (iii) these factors substantially impair and arrest the sound growth of the City. d) The City Council finds that the proposed zone is a geographic area 100% within the City’s corporate limits or extraterritorial jurisdiction. e) The City Council finds that not more than thirty percent (30%) of the property in the proposed zone, excluding property that is publicly owned, is used for residential purposes, and the total appraised value of taxable real property in the proposed zone and in existing reinvestment zones does not exceed fifty percent (50%) of the total appraised value of taxable real property in the City and in the industrial districts created by the City. f) The City Council finds that the development or redevelopment of the property in the proposed zone will not occur solely through private investment in the reasonably foreseeable future. g) The City Council finds that the Preliminary Project and Finance Plan is feasible. h) The City Council finds that the implementation of the Project and Finance Plan (as defined below) will alleviate the conditions described in Section 1(c) above and will serve a public purpose. SECTION 2 DESIGNATION AND NAME OF THE ZONE: Pursuant to the authority of, and in accordance with the requirements of the Act, the City Council hereby designates the Property as a tax increment reinvestment zone. The name assigned to the zone for identification is Reinvestment Zone Number One, City of Beaumont, Texas (the "Zone"). The Zone is designated pursuant to Section 311.005(a)(2) of the Act. SECTION 3 BOARD OF DIRECTORS: 3.1 The City Council hereby creates a board of directors for the Zone (the "Board") consisting of nine members. Seven members shall be appointed by the City Council to Places 1, 2, 3, 4, 5, 6, and 7. Place 8 shall be appointed by the Commissioners Court of Jefferson County, Texas (the "County"), if the County participates in the Zone. If the County does not participate in the Zone, the Commissioners Court shall be deemed to have waived its right to appoint such members and the Place goes away. Place 9 shall be appointed by the Jefferson County Drainage District No. 6 (the "Drainage District"), if the Drainage District participates in the Zone. If the Drainage District does not participate in the Zone, the Drainage District shall be deemed to have waived its right to appoint such members and the Place goes away. 3.2 The City Council hereby appoints the following individuals to serve as the initial members of the Board for the terms indicated: Place 1 Mayor (term expires May, 2025) Place 2 Mayor Pro Tempore (term expires May, 2025) Place 3 Council Member, At-Large (term expires May, 2025) Place 4 Council Member, Ward 1 (term expires May, 2025) Place 5 Council Member, Ward 2 (term expires May, 2025) Place 6 Council Member, Ward 3 (term expires May, 2025) Place 7 Council Member, Ward 4 (term expires May, 2025) If applicable, Place 8 shall be appointed by the County for a term that expires May, 2025. If applicable, Place 9 shall be appointed by the Drainage District for a term that expires May, 2025. Upon expiration of the indicated terms or upon City Council action to reconstitute the initial Board by appointing replacement members, subsequent appointments to fill vacancies shall be for terms of two (2) years. The member appointed to Place 1 shall serve as the chairman of the Board. The Board is authorized to elect a vice-chairman and other officers as determined by the Board. 3.3 The Board shall make recommendations to the City Council concerning the administration, management, and operation of the Zone. The Board shall prepare or cause to be prepared and adopted a project plan and a reinvestment zone financing plan for the Zone (the "Project and Finance Plan") as required by the Act, and shall submit the Project and Finance Plan to the City Council for approval. The Board may enter into agreements as the Board considers necessary or convenient to implement the Project and Finance Plan and reimburse PROJECT COSTS from the TIRZ FUND established pursuant to Section 7 of this Ordinance. 3.4 Directors shall not receive any salary or other compensation for their services as directors. 3.5. Pursuant to Section 311.010(h) of the Act and Article III, Section 52-a of the Texas Constitution, the City Council hereby authorizes the Board, as necessary or convenient to implement the Project and Finance Plan and achieve its purposes, to establish and provide for the administration of one or more programs for the public purposes of developing and diversifying the economy of the Zone, eliminating unemployment and underemployment in the Zone, and developing or expanding transportation, business, and commercial activity in the Zone, including programs to make grants of land and buildings and make grants from the TIRZ FUND for activities that benefit the Zone and stimulate business and commercial activity in the Zone. In addition, the City Council hereby authorizes the Board to exercise all of the powers of the City under Chapter 380, Texas Local Government Code, as amended. SECTION 4 DURATION OF THE ZONE: The Zone shall take effect immediately upon the passage and approval of this Ordinance. The Zone shall terminate on December 31, 2053 (with final year's tax due by January 31, 2054), unless otherwise terminated in accordance with this section. The City shall have the right to terminate the Zone prior to the expiration of its stated term if all of the project costs have been paid in full. If upon expiration of the stated term of the Zone, project cost has not been paid, the City, County, and Drainage District, shall have no obligation to pay the shortfall. SECTION 5 TAX INCREMENT BASE: The "tax increment base" for purposes of calculating the CITY TIRZ INCREMENT, and if the County participates in the Zone the COUNTY TIRZ INCREMENT, and if the Drainage District participates in the Zone the DRAINAGE DISTRICT TIRZ INCREMENT, means the total appraised value of all real property in the Zone that is taxable by the City, the County, and the Drainage District respectively, as of January 1, 2023. SECTION 6 CAPTURED APPRAISED VALUE: The “captured appraised value” for purposes of calculating the annual CITY TIRZ INCREMENT, and if the County participates in the Zone the COUNTY TIRZ INCREMENT, and if the Drainage District participates in the Zone the DRAINAGE DISTRICT TIRZ INCREMENT, means the total real property value taxable (including increase tax values attributable to changes in use) by a taxing unit for a year and located in the Zone for that year less the tax increment base of the unit. SECTION 7 TAX INCREMENT FUND: There is hereby created and established a TIRZ FUND for the Zone. Within the TIRZ FUND, there may be maintained subaccounts as necessary and convenient to carry out the purposes of the Act. The CITY TIRZ INCREMENT, COUNTY TIRZ INCREMENT, and DRAINGE DISTRICT TIRZ INCREMENT shall be deposited into the TIRZ FUND as of the effective date of the Zone. The TIRZ FUND and all subaccounts shall be maintained at the depository bank of the City and shall be secured in the manner prescribed by law for funds of Texas cities. Prior to termination of the Zone, funds shall be disbursed from the TIRZ FUND only to pay PROJECT COSTS. The TIRZ FUND shall consist of (i) the percentage of the tax increment, as defined by Section 311.012(a) of the Texas Tax Code, that each taxing unit which levies real property taxes in the Zone, other than the City, has elected to dedicate to the TIRZ FUND under an agreement with the City authorized by Section 311.013(f) of the Texas Tax Code, and (ii) sixty percent (60%) of the City’s tax increment as defined by section 311.012(a) of the Texas Tax Code (CITY TIRZ INCREMENT), subject to any binding agreement executed at any time by the City that pledges a portion of such tax increment or an amount of other legally available funds whose calculation is based on receipt of any portion of such tax increment. SECTION 8 SEVERABILITY: If any provision, section, subsection, sentence, clause or phrase of this Ordinance, or the application of same to any person or set of circumstances, is for any reason held to be invalid, the validity of the remaining provisions of this Ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this Ordinance that no provision of this Ordinance shall become inoperative because of the invalidity of another provision; and, therefore, all provisions of this Ordinance are declared severable for that purpose. SECTION 9 OPEN MEETINGS: It is hereby found, determined, and declared that sufficient written notice of the date, hour, place and subject of the meeting of the City Council at which this Ordinance was adopted was posted at a place convenient and readily accessible at all times to the general public at the City Hall of the City for the time required by law preceding its meeting, as required by the Texas Open Meetings Act, Chapter 551 of the Texas Government Code, as amended, and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter hereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves, and confirms such written notice and the contents and posting thereof. SECTION 10. EFFECTIVE DATE: This Ordinance shall take effect immediately upon its passage as provided by law. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of December, 2023. _______________________________ - Mayor Roy West - ATTEST: City Clerk Effective: APPROVED AS TO FORM AND LEGALITY: City Attorney 002 003 004 005 5,000.00 Total 216,746.08 Grand Total: 216,746.08 Approval Pending Due: 12-Dec-2023 CITY OF BEAUMONT, TEXAS ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, DESIGNATING A GEOGRAPHIC AREA WITHIN THE CITY AS A TAX INCREMENT REINVESTMENT ZONE PURSUANT TO CHAPTER 311 OF THE TEXAS TAX CODE, TO BE KNOWN AS REINVESTMENT ZONE NUMBER ONE, CITY OF BEAUMONT, TEXAS; DESCRIBING THE BOUNDARIES OF THE ZONE; CREATING A BOARD OF DIRECTORS FOR THE ZONE AND APPOINTING MEMBERS OF THE BOARD; ESTABLISHING A TAX INCREMENT FUND (TIRZ FUND) FOR THE ZONE; CONTAINING FINDINGS RELATED TO THE CREATION OF THE ZONE; PROVIDING A DATE FOR THE TERMINATION OF THE ZONE; PROVIDING THAT THE ZONE TAKE EFFECT IMMEDIATELY UPON PASSAGE OF THE ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Beaumont, Texas (the "City"), pursuant to Chapter 311 of the Texas Tax Code, as amended (the "Act"), may designate a geographic area within the City as a tax increment reinvestment zone if the area satisfies the requirements of the Act; and WHEREAS, the City Council of the City (the “City Council”) desires for the City to consider the creation of a tax increment reinvestment zone in the City consisting of approximately 7,384.43 acres depicted on Exhibit A and identified within Exhibit B attached hereto (the “Property”); and WHEREAS, pursuant to and as required by the Act, the City Council prepared a Reinvestment Zone Number One, City of Beaumont, Texas, Preliminary Project and Finance Plan (the "Preliminary Project and Finance Plan") attached hereto as Exhibit B and incorporated herein for all purposes; and WHEREAS, notice of the public hearing on the creation of the proposed zone was published in the Beaumont Enterprise, a newspaper of general circulation within the City, on November 27, 2023, which date is not later than the seventh (7th ) day before the public hearing held on December 5, 2023; and WHEREAS, at the public hearing on December 5, 2023, interested persons were allowed to speak for or against the creation of the zone, the boundaries of the zone, and the concept of tax increment financing, and owners of property in the proposed zone were given a reasonable opportunity to protest the inclusion of their property in the zone; and WHEREAS, evidence was received and presented at the public hearing in favor of the creation of the zone; and WHEREAS, the City has taken all actions required to create the zone including, but not limited to, all actions required by the Act, the Texas Open Meetings Act, and all other laws applicable to the creation of the zone; and WHEREAS, the City desires to appoint initial members to the board of directors of the zone; and WHEREAS, terms used in this Ordinance that have their initial letters capitalized shall have the meanings given to them in this Ordinance; however, terms that are CAPITALIZED IN BOLD shall have the meanings given to them in the Preliminary Project and Finance Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS: SECTION 1. FINDINGS. (a) The recitals, findings, and determinations contained in the preamble to this Ordinance are incorporated into the body of this Ordinance as if fully set forth in this Section and are hereby found and declared to be true and correct legislative findings and are adopted as part of this Ordinance for all purposes. (b) The City Council finds that the PUBLIC IMPROVEMENTS will significantly enhance the value of all the taxable real property in the zone and will be of general benefit to the City. (c) The City Council finds that the proposed zone meets the requirements of Section 311.005(a) of the Act in that: (i) there is a need for essential public infrastructure and economic development programs to attract new business and commercial activity to the proposed zone for the purposes of increasing the real property tax base for all taxing units within the zone, increasing sales and use taxes for the City and the State of Texas, and increasing job opportunities for residents of the City and the region; and (ii) the proposed zone, as shown within Exhibit A, meets the criteria for the creation of a reinvestment zone set forth in Section 311.005 of the Act in that the area is predominantly open or undeveloped and, because of obsolete platting, deterioration of structures or site improvements, or other factors, substantially impairs and arrests the sound growth of the municipality; and (iii) these factors substantially impair and arrest the sound growth of the City. (d) The City Council finds that the proposed zone is a geographic area 100% within the City’s corporate limits or extraterritorial jurisdiction. (e) The City Council finds that not more than thirty percent (30%) of the property in the proposed zone, excluding property that is publicly owned, is used for residential purposes, and the total appraised value of taxable real property in the proposed zone and in existing reinvestment zones does not exceed fifty percent (50%) of the total appraised value of taxable real property in the City and in the industrial districts created by the City. (f) The City Council finds that the development or redevelopment of the property in the proposed zone will not occur solely through private investment in the reasonably foreseeable future. (g) The City Council finds that the Preliminary Project and Finance Plan is feasible. (h) The City Council finds that the implementation of the Project and Finance Plan (as defined below) will alleviate the conditions described in Section 1(c) above and will serve a public purpose. SECTION 2. DESIGNATION AND NAME OF THE ZONE. Pursuant to the authority of, and in accordance with the requirements of the Act, the City Council hereby designates the Property as a tax increment reinvestment zone. The name assigned to the zone for identification is Reinvestment Zone Number One, City of Beaumont, Texas (the "Zone"). The Zone is designated pursuant to Section 311.005(a)(2) of the Act. SECTION 3. BOARD OF DIRECTORS. 3.1 The City Council hereby creates a board of directors for the Zone (the "Board") consisting of nine members. Seven members shall be appointed by the City Council to Places 1,2,3,4, 5, 6, and 7. Place 8 shall be appointed by the Commissioners Court of Jefferson County, Texas (the "County"), if the County participates in the Zone. If the County does not participate in the Zone, the Commissioners Court shall be deemed to have waived its right to appoint such members and the Place goes away. Place 9 shall be appointed by the Jefferson County Drainage District No. 6 (the "Drainage District"), if the Drainage District participates in the Zone. If the Drainage District does not participate in the Zone, the Drainage District shall be deemed to have waived its right to appoint such members and the Place goes away. 3.2 The City Council hereby appoints the following individuals to serve as the initial members of the Board for the terms indicated: Place 1 Mayor (term expires May, 2025) Place 2 Mayor Pro Tempore (term expires May, 2025) Place 3 Council Member, At-Large (term expires May, 2025) Place 4 Council Member, Ward 1 (term expires May, 2025) Place 5 Council Member, Ward 2 (term expires May, 2025) Place 6 Council Member, Ward 3 (term expires May, 2025) Place 7 Council Member, Ward 4 (term expires May, 2025) If applicable, Place 8 shall be appointed by the County for a term that expires May, 2025. If applicable, Place 9 shall be appointed by the Drainage District for a term that expires May, 2025. Upon expiration of the indicated terms or upon City Council action to reconstitute the initial Board by appointing replacement members, subsequent appointments to fill vacancies shall be for terms of two years. The member appointed to Place 1 shall serve as the chairman of the Board. The Board is authorized to elect a vice-chairman and other officers as determined by the Board. 3.3 The Board shall make recommendations to the City Council concerning the administration, management, and operation of the Zone. The Board shall prepare or cause to be prepared and adopted a project plan and a reinvestment zone financing plan for the Zone (the "Project and Finance Plan") as required by the Act, and shall submit the Project and Finance Plan to the City Council for approval. The Board may enter into agreements as the Board considers necessary or convenient to implement the Project and Finance Plan and reimburse PROJECT COSTS from the TIRZ FUND established pursuant to Section 7 of this Ordinance. 3.4 Directors shall not receive any salary or other compensation for their services as directors. 3.5. Pursuant to Section 311.010(h) of the Act and Article III, Section 52-a of the Texas Constitution, the City Council hereby authorizes the Board, as necessary or convenient to implement the Project and Finance Plan and achieve its purposes, to establish and provide for the administration of one or more programs for the public purposes of developing and diversifying the economy of the Zone, eliminating unemployment and underemployment in the Zone, and developing or expanding transportation, business, and commercial activity in the Zone, including programs to make grants of land and buildings and make grants from the TIRZ FUND for activities that benefit the Zone and stimulate business and commercial activity in the Zone. In addition, the City Council hereby authorizes the Board to exercise all of the powers of the City under Chapter 380, Texas Local Government Code, as amended. SECTION 4. DURATION OF THE ZONE. The Zone shall take effect immediately upon the passage and approval of this Ordinance. The Zone shall terminate on December 31, 2053 (with final year's tax due by January 31, 2054), unless otherwise terminated in accordance with this section. The City shall have the right to terminate the Zone prior to the expiration of its stated term if all of the PROJECT COSTS have been paid in full. If upon expiration of the stated term of the Zone, PROJECT COSTS have not been paid, the City, County, and Drainage District, shall have no obligation to pay the shortfall. SECTION 5. TAX INCREMENT BASE. The "tax increment base" for purposes of calculating the CITY TIRZ INCREMENT, and if the County participates in the Zone the COUNTY TIRZ INCREMENT, and if the Drainage District participates in the Zone the DRAINAGE DISTRICT TIRZ INCREMENT, means the total appraised value of all real property in the Zone that is taxable by the City, the County, and the Drainage District respectively, as of January 1, 2023. SECTION 6. CAPTURED APPRAISED VALUE. The “captured appraised value” for purposes of calculating the annual CITY TIRZ INCREMENT, and if the County participates in the Zone the COUNTY TIRZ INCREMENT, and if the Drainage District participates in the Zone the DRAINAGE DISTRICT TIRZ INCREMENT, means the total real property value taxable (including increase tax values attributable to changes in use) by a taxing unit for a year and located in the Zone for that year less the tax increment base of the unit. SECTION 7. TAX INCREMENT FUND. There is hereby created and established a TIRZ FUND for the Zone. Within the TIRZ FUND, there may be maintained subaccounts as necessary and convenient to carry out the purposes of the Act. The CITY TIRZ INCREMENT, COUNTY TIRZ INCREMENT, and DRAINGE DISTRICT TIRZ INCREMENT shall be deposited into the TIRZ FUND as of the effective date of the Zone. The TIRZ FUND and all subaccounts shall be maintained at the depository bank of the City and shall be secured in the manner prescribed by law for funds of Texas cities. Prior to termination of the Zone, funds shall be disbursed from the TIRZ FUND only to pay PROJECT COSTS. The TIRZ FUND shall consist of (i) the percentage of the tax increment, as defined by Section 311.012(a) of the Texas Tax Code, that each taxing unit which levies real property taxes in the Zone, other than the City, has elected to dedicate to the TIRZ FUND under an agreement with the City authorized by Section 311.013(f) of the Texas Tax Code, and (ii) sixty percent (60%) of the City’s tax increment as defined by section 311.012(a) of the Texas Tax Code (CITY TIRZ INCREMENT), subject to any binding agreement executed at any time by the City that pledges a portion of such tax increment or an amount of other legally available funds whose calculation is based on receipt of any portion of such tax increment. SECTION 8. SEVERABILITY. If any provision, section, subsection, sentence, clause or phrase of this Ordinance, or the application of same to any person or set of circumstances, is for any reason held to be invalid, the validity of the remaining provisions of this Ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this Ordinance that no provision of this Ordinance shall become inoperative because of the invalidity of another provision; and, therefore, all provisions of this Ordinance are declared severable for that purpose. SECTION 9. OPEN MEETINGS. It is hereby found, determined, and declared that sufficient written notice of the date, hour, place and subject of the meeting of the City Council at which this Ordinance was adopted was posted at a place convenient and readily accessible at all times to the general public at the City Hall of the City for the time required by law preceding its meeting, as required by the Texas Open Meetings Act, Chapter 551 of the Texas Government Code, as amended, and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter hereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves, and confirms such written notice and the contents and posting thereof. SECTION 10. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage as provided by law. PASSED, APPROVED, AND ADOPTED ON THIS 12th DAY OF DECEMBER, 2023. ______________________________ Mayor ATTEST: City Clerk Effective: APPROVED AS TO FORM AND LEGALITY: City Attorney 011 GC CONSTRUCTION 01000 RECONNECT SERV CONNECTION BY EXCAVATION 406.00 @ 159,685.00 545.00 61,585.00 0.00 221,270.00 INCLUDING CLEANOUTS TO LINER, COMPLETE, ALL SIZES & DEPTH 012 GC CONSTRUCTION 01000 FURNISH & INSTALL END-OF-LINE 11.00 @ 553.00 2,212.00 0.00 EACH 553.00 0.00 EACH 3,833.00 3,871.00 0.00 0.00 6,083.00 0.00 0.00 0.00 0.00 CLEANOUT BY EXCAVATION 013 GC CONSTRUCTION 01000 REMOVE & REPLACE OR 29.00 @ 3,833.00 111,157.00 0.00 111,157.00 INSTALL NEW STD. FIBERGLASS MANHOLE, LESS THAN 5' DEPTH (ALL JOINTS & CONNECTS) 014 GC CONSTRUCTION 01000 REMOVE & REPLACE OR 18.00 @ 4,826.00 57,912.00 57,912.00 115,824.00 0.00 EACH 4,826.00 0.00 EACH 4,826.00 0.00 EACH 4,826.00 28,956.00 33,782.00 57,912.00 0.00 86,868.00 0.00 0.00 0.00 0.00 EXHIBIT A PROPERTY DEPICTION EXHIBIT B PRELIMINARY PROJECT AND FINANCE PLAN REINVESTMENT ZONE NUMBER ONE, CITY OF BEAUMONT, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN DECEMBER 12, 2023 REINVESTMENT ZONE NUMBER ONE, CITY OF BEAUMONT, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 1 TABLE OF CONTENTS Table of Contents .........................................................................................................................................1 Section 1: Definitions....................................................................................................................................2 Section 2: Introduction.................................................................................................................................5 Section 3: Description and Maps..................................................................................................................7 Section 4: Proposed Changes to Ordinances, Plans, Codes, Rules, and Regulations....................................7 Section 5: Relocation of Displaced Persons..................................................................................................8 Section 6: Estimated Non-Project Costs .......................................................................................................8 Section 7: Proposed Public Improvements...................................................................................................8 Section 8: Estimated Project Costs ...............................................................................................................8 Section 9: Feasibility Study ...........................................................................................................................9 Section 10: Estimated Bonded Indebtedness.............................................................................................10 Section 11: Appraised Value.......................................................................................................................10 Section 12: Method of Financing................................................................................................................10 Section 13: Duration of the Zone, Termination..........................................................................................11 Section 14: Economic Development Program............................................................................................11 List of Exhibits.............................................................................................................................................12 Exhibit A – Map of the Zone .......................................................................................................................13 Exhibit B – Non-Project Costs .....................................................................................................................14 Exhibit C – List of Project Costs...................................................................................................................15 Exhibit D – Estimated Timeline of Incurred Project Costs ..........................................................................16 Exhibit E-1 – Feasibility Study.....................................................................................................................17 Exhibit E-2 – Feasibility Study – City Only...................................................................................................18 Exhibit F – Proposed Uses of the Property .................................................................................................19 Exhibit G – Map of the Public Improvements.............................................................................................20 Exhibit H – Parcel Identification..................................................................................................................21 REINVESTMENT ZONE NUMBER ONE, CITY OF BEAUMONT, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 2 SECTION 1: DEFINITIONS Capitalized terms used in this Preliminary Plan shall have the meanings given to them in Section I below unless otherwise defined in this Preliminary Plan or unless the context in which a term is used clearly requires a different meaning. Unless otherwise defined, a reference to a “Section,” or an “Exhibit,” shall be a reference to a Section of this Preliminary Plan or an Exhibit attached to and made a part of this Preliminary Plan for all purposes. “Act” means Chapter 311, Texas Tax Code, Tax Increment Financing Act, as amended. “Administrative Costs” means the actual, direct costs paid or incurred by or on behalf of the City to administer the Zone, including reasonable charges for the time spent by employees of the City in connection with the implementation of the Final Plan, planning, engineering, legal services, organizational costs, publicizing costs, costs of operating the Zone and project facilities paid by or on behalf of the City that are directly related to the administration of the Zone, as well as payments made at the discretion of the governing body of the municipality that it finds necessary or convenient to the creation of the Zone or to the implementation of the Final Plan for the Zone. “Appraisal District” means the Jefferson Central Appraisal District. “Board” means the Board of Directors for the Zone. “Captured Appraised Value” means the new taxable value generated beyond the Tax Increment Base for each year during the term of the Zone. “City” means the City of Beaumont, Texas. “City Council” means the governing body of the City. “City TIRZ Increment” means the portion of the City’s ad valorem tax increment equal to sixty percent (60%) of the ad valorem real property taxes collected and received by the City on the Captured Appraised Value in the Zone, as further described in Section 12. “County” means Jefferson County, Texas. “County Participation Agreement” means that certain agreement anticipated to be entered into by the City and the County detailing the County’s participation in the Zone. “County TIRZ Increment” means sixty percent (60%) of the County’s ad valorem real property taxes collected on the Captured Appraised Value in the Zone, and deposited into the TIRZ No. 1 Fund pursuant to the County Participation Agreement. REINVESTMENT ZONE NUMBER ONE, CITY OF BEAUMONT, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 3 “Creation Ordinance” means the ordinance adopted by the City creating and designating the Zone. “Downtown Revitalization Program” means the City’s program for the downtown area, as identified on Exhibit G, which includes façade renovations, downtown master plans, public infrastructure supporting downtown, and economic development programs as designated by the Board and City Council. “Drainage District” means Jefferson County Drainage District No. 6. “Drainage District Participation Agreement” means that certain agreement anticipated to be entered into by the City and the Drainage District detailing the Drainage District’s participation in the Zone. “Drainage District TIRZ Increment” means sixty percent (60%) of the Drainage District’s ad valorem real property taxes collected on the Captured Appraised Value in the Zone, and deposited into the TIRZ No. 1 Fund pursuant to the Drainage District Participation Agreement. “Economic Development Provision” means Section 311.010(h) of the Act, Chapter 380 of the Texas Local Government Code, and Article III, Section 52-a, Texas Constitution, as amended. “Economic Development Program” means the economic development program authorized by the Economic Development Provision, which allows the Board, subject to the approval of the City Council, to establish and provide for the administration of one or more programs necessary or convenient to implement and achieve the purposes of the Final Plan, which programs are for the public purposes of developing and diversifying the economy of the Zone and developing business and commercial activity within the Zone, and may include programs to make grants of any lawfully available money from the TIRZ Fund, including activities that benefit the Zone and stimulate business and commercial activity in the Zone. “Feasibility Study” means the economic feasibility study as prepared at the time of the Preliminary Plan and updated when the Final Plan is updated or amended, and focuses only on direct financial benefits, as further described in Section 9, and shown on Exhibit E-1, and Exhibit E-2. “Final Plan” means the future Reinvestment Zone Number One, City of Beaumont, Texas Final Project and Finance Plan. REINVESTMENT ZONE NUMBER ONE, CITY OF BEAUMONT, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 4 “Preliminary Plan” means this Reinvestment Zone Number One, City of Beaumont, Texas Preliminary Project and Finance Plan. “Project Costs” means the total costs for projects in the Zone, including the cost of the Public Improvements and Administrative Costs. “Property” means 7,384.43 acres of land as depicted on Exhibit A and identified on Exhibit H. “Public Improvements” means the proposed public improvements to be financed by the Zone, which includes public facilities, roads, storm drainage, utilities, professional services, and Downtown Revitalization Program, as depicted on Exhibit G, and detailed on Exhibit C. “Tax Increment Base” means total appraised value of taxable real property in the Zone at the time of creation of the Zone. “TIRZ No. 1 Fund” means the tax increment fund created by the City and segregated from all other funds of the City. “Zone” means Reinvestment Zone Number One, City of Beaumont, Texas, as depicted on Exhibit A, and identified on Exhibit H. REINVESTMENT ZONE NUMBER ONE, CITY OF BEAUMONT, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 5 SECTION 2: INTRODUCTION 2.1 Authority and Purpose The City has the authority under the Act to designate a contiguous or noncontiguous geographic area within the corporate limits or extraterritorial jurisdiction of the City as a tax increment reinvestment zone to promote development or redevelopment of the area because the City Council determined that development or redevelopment would not occur solely through private investment in the reasonably foreseeable future, that the Zone is economically feasible, and that creation of the Zone is in the best interest of the City and the property in the Zone. The purpose of the Zone is to facilitate such development or redevelopment by financing the costs of public works, public improvements, programs, economic development grants, and other projects benefiting the Zone, plus other costs incidental to those expenditures, all of which costs are authorized by the Act. 2.2 Eligibility Requirements An area is eligible under the Act to be designated as a tax increment reinvestment zone if the area: 1) substantially arrests or impairs the sound growth of the municipality designating the Zone, retard the provision of housing accommodations, or constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition; or 2) is predominantly open or undeveloped and, because of obsolete platting, deterioration of structures or site improvements, or other factors, substantially impairs or arrests the sound growth of the City; or 3) is in a federally assisted new community located in the City or in an area immediately adjacent to a federally assisted new community; or 4) is in an area described in a petition requesting that the area be designated as a reinvestment zone, if the petition is submitted to the governing body of the City by the owners of property constituting at least fifty percent (50%) of the appraised value of the property in the area according to the most recent certified appraisal roll for the county in which the area is located. The City cannot, however, designate a zone if more than thirty percent (30%) of the property in the proposed zone, excluding property that is publicly owned, is used for residential purposes, or if the total appraised value of taxable real property in the proposed zone and in existing reinvestment zones exceeds fifty percent (50%) of the total appraised value of taxable real property in the City and in industrial districts created by the City. REINVESTMENT ZONE NUMBER ONE, CITY OF BEAUMONT, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 6 2.3 Proposed Zone The Property within the proposed Zone is currently located within the corporate limits and extraterritorial jurisdiction of the City. The Property is primarily open, undeveloped, or underdeveloped, and substantially impairs and arrests the sound growth of the City. Due to its size, location, and physical characteristics development would not occur solely through private investment in the foreseeable future. The Property lacks public infrastructure and requires economic incentive to attract development for the purpose of providing long-term economic benefits including, but not limited to, increased real property tax base for all taxing units in the Zone. If the Public Improvements are financed as contemplated by this Preliminary Plan, the City envisions that the Property will be developed to take full advantage of the opportunity to bring to the City, a quality development. 2.4 Preliminary Plan and Hearing Before the City Council adopts the Creation Ordinance, the City Council must prepare a Preliminary Plan in accordance with the Act and hold a public hearing on the creation of the Zone and its benefits to the City and to the Property, at which public hearing interested persons shall be given the opportunity to speak for and against the creation of the Zone, the boundaries of the Zone and the concept of tax increment financing, and at which hearing the owners of the Property shall be given a reasonable opportunity to protest the inclusion of their Property in the Zone. The requirement of the Act for a preliminary reinvestment zone financing plan was satisfied by this Preliminary Plan, the purpose of which was to describe, in general terms, the Public Improvements that will be undertaken and financed by the Zone. A description of how such Public Improvements and projects will be undertaken and financed shall be determined by the Final Plan, which requires approval by the Board and City Council. 2.5 Creation of the Zone Upon the closing of the above referenced public hearing, the City Council shall consider the Creation Ordinance and the following findings: 1) that development or redevelopment of the Property would not occur solely through private investment in the reasonably foreseeable future, and 2) that the Zone is feasible, and 3) that improvements in the Zone will significantly enhance the value of all the taxable real property in the Zone and will be of general benefit to the City, and 4) that the Zone meets the eligibility requirements of the Act. Among other provisions required by the Act, the Creation Ordinance shall appoint the Board. REINVESTMENT ZONE NUMBER ONE, CITY OF BEAUMONT, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 7 2.6 Board Recommendations After the creation of the Zone, the Board shall review the Final Plan and recommend its approval to the City Council pursuant to which the City shall contribute the City TIRZ Increment into the TIRZ No. 1 Fund to pay a portion of the Project Costs benefiting the Zone. After the creation of the Zone, the Board shall review the Final Plan, and recommend its approval to the City Council. SECTION 3: DESCRIPTION AND MAPS 3.1 Existing Uses and Conditions The Property is currently zoned Light Industrial, Residential Multiple-Family Dwelling – Highest Density District, General Commercial Multiple-Family Dwelling District, General Commercial Multiple-Family Dwelling-2 District, Commercial-Manufacturing District, Port Development District, Residential Conversation and Revitalization District, Commercial Business District, Residential Single-Family Dwelling District, and Neighborhood Commercial District. The Property is primarily undeveloped or underdeveloped, and there is limited and inadequate public infrastructure to support development. Development requires extensive public infrastructure that: (1) the City could not provide, and (2) would not be provided solely through private investment in the foreseeable future. 3.2 Proposed Uses The proposed uses of the Property in the City include residential, commercial, and industrial, as shown on Exhibit F. 3.3 Parcel Identification The metes and bounds identified on Exhibit H provide sufficient detail to identify with ordinary and reasonable certainty the territory included in the Zone. SECTION 4: PROPOSED CHANGES TO ORDINANCES, PLANS, CODES, RULES, AND REGULATIONS The Property is wholly located in the corporate limits and extraterritorial jurisdiction of the City and is subject to the City’s zoning regulation. The City has exclusive jurisdiction over the subdivision and platting of the property within the City limits as well as the design, construction, installation, and inspection of water, sewer, drainage, roadway, and other public infrastructure. No proposed changes to zoning ordinances, comprehensive plan, building codes, subdivision rules, or other municipal ordinances will impact existing residents within the Zone. REINVESTMENT ZONE NUMBER ONE, CITY OF BEAUMONT, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 8 SECTION 5: RELOCATION OF DISPLACED PERSONS No persons shall be displaced and in need of relocation due to the creation of the Zone or due to the implementation of the Final Plan. SECTION 6: ESTIMATED NON-PROJECT COSTS Non-Project Costs are costs that will be spent to develop in the Zone but will not be financed by the Zone, and will be financed by other funds. The list of Non-Project Costs is shown on Exhibit B, and are estimated to be approximately $1,177,949,000. SECTION 7: PROPOSED PUBLIC IMPROVEMENTS 7.1 Categories of Public Improvements All Public Improvements shall be designed and constructed in accordance with all applicable City standards and shall otherwise be inspected, approved, and accepted by the City. At the City's option, the Public Improvements may be expanded to include any other category of improvements authorized by the Act, including Texas Local Government Code Chapter 380. 7.2 Location of Public Improvements The estimated locations of the proposed Public Improvements are depicted on Exhibit G. These locations may be revised, with the approval of the City, from time to time without amending the Final Plan. SECTION 8: ESTIMATED PROJECT COSTS 8.1 Project Costs The total Project Costs for projects in the Zone, which includes the cost of the Public Improvements and the Administrative Costs, are estimated to be approximately $180,256,681, as shown on Exhibit C. 8.2 Estimated Costs of Public Improvements The estimated Public Improvements Costs within the Zone are approximately $179,851,000, as shown on Exhibit C. REINVESTMENT ZONE NUMBER ONE, CITY OF BEAUMONT, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 9 8.3 Estimated Administrative Costs The Administrative Costs are estimated to be $10,000 annually and escalating at two percent (2%) thereafter, and shall be paid each year from the TIRZ No. 1 Fund before the costs of Public Improvements are paid. 8.4 Estimated Timeline of Incurred Costs The Administrative Costs will be incurred annually beginning at the time the Zone is created and through the duration of the Zone. It is estimated the costs of the Public Improvements will be incurred between calendar years 2024 and 2036, as shown on Exhibit D. SECTION 9: FEASIBILITY STUDY The Feasibility Study, as shown on Exhibit E-1 and Exhibit E-2, focuses on only direct financial benefits (i.e. ad valorem tax revenues from the development of Public Improvements in the Zone). Based on the Feasibility Study, during the term of the Zone, new development (which would not have occurred but for the Zone) will generate approximately $234,367,088 in total new real property tax revenue for the participation taxing entities. The total contribution from all participating entities is estimated to be $140,620,253. The remaining new real property tax revenue over that period, estimated at $93,746,835, shall be retained by the participating entities. The Feasibility Study shows the cumulative City TIRZ Increment is estimated to be $77,726,908, which will be available to pay a portion of the Project Costs, until the term expires or is otherwise terminated. The remainder of the new City real property tax revenue generated within the Zone and retained by the City is estimated to be $51,817,9339 over the remaining term. The Feasibility Study shows the cumulative County TIRZ Increment is estimated to be $40,945,817, which will be available to pay a portion of the Project Costs, until the term expires or is otherwise terminated. The remainder of the new County real property tax revenue generated within the Zone and retained by the County is estimated to be $27,297,211 over the remaining term. The Feasibility Study shows the cumulative Drainage District TIRZ Increment is estimated to be $21,947,528, which will be available to pay a portion of the Project Costs, until the term expires or is otherwise terminated. The remainder of the new Drainage District real property tax revenue generated within the Zone and retained by the Drainage District is estimated to be $14,631,685 over the remaining term. One hundred percent (100%) of all taxing revenues generated for other taxing entities by the new development within the Zone will be retained by the respective taxing entities, unless the REINVESTMENT ZONE NUMBER ONE, CITY OF BEAUMONT, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 10 taxing entity participates in the Zone. Based on the foregoing, the feasibility of the Zone has been demonstrated. SECTION 10: ESTIMATED BONDED INDEBTEDNESS No tax increment reinvestment zone bonds or public indebtedness by the City secured by the tax increments pursuant to the Act, is contemplated. SECTION 11: APPRAISED VALUE 11.1 Tax Increment Base The Tax Increment Base of the Zone at the time of creation is estimated to be $1,961,248,092, and shall be confirmed by the Appraisal District. Each year, the Appraisal District shall confirm the current Captured Appraised Value. 11.2 Estimated Captured Appraised Value It is estimated that upon expiration of the term of the Zone, the total Captured Appraised Value of taxable real property in the Zone will be approximately $3,319,048,092, as shown on Exhibit E-1. The actual Captured Appraised Value, as certified by the Appraisal District, for each year, will be used to calculate the annual City TIRZ Increment, and if applicable, the County TIRZ Increment and the Drainage District TIRZ Increment. SECTION 12: METHOD OF FINANCING The Final Plan shall obligate the City to deposit the City TIRZ Increment into the TIRZ No. 1 Fund beginning in 2024. For example, in FY 2023, the City’s ad valorem tax rate was $0.681485 per $100 of taxable value, therefore the City would contribute $0.408891 per $100 of the Captured Appraised Value in the Zone levied and collected, to the TIRZ No. 1 Fund. If applicable, the County Participation Agreement shall obligate the County to deposit the County TIRZ Increment into the TIRZ No. 1 Fund beginning in 2024. For example, in FY 2023, the County’s ad valorem tax rate was $0.359000 per $100 of taxable value, therefore the County would contribute $0.215400 per $100 of the Captured Appraised Value in the Zone levied and collected, to the TIRZ No. 1 Fund. If applicable, the Drainage District Participation Agreement shall obligate the Drainage District to deposit the Drainage District TIRZ Increment into the TIRZ No. 1 Fund beginning in 2024. For example, in FY 2023, the Drainage District ad valorem tax rate was $0.192429 per $100 of taxable REINVESTMENT ZONE NUMBER ONE, CITY OF BEAUMONT, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 11 value, therefore the Drainage District would contribute $0.1154574 per $100 of the Captured Appraised Value in the Zone levied and collected, to the TIRZ No. 1 Fund. All payments of Project Costs shall be made solely from the TIRZ No. 1 Fund and from no other funds of the City, the County or the Drainage District unless otherwise approved by their respective governing bodies. The TIRZ No. 1 Fund shall only be used to pay the Project Costs. The City may amend the Final Plan including but not limited to what is considered a Project Cost. SECTION 13: DURATION OF THE ZONE, TERMINATION 13.1 Duration The stated term of the Zone shall commence upon the execution of the Creation Ordinance and shall continue until December 31, 2053, with the last increment being deposited by January 31, 2054, unless otherwise terminated in accordance with the Creation Ordinance, and Section 13.2 below. 13.2 Termination The Zone shall terminate on the earlier of (i) December 31, 2053, or (ii) at such time that the Project Costs have been paid in full. If upon expiration of the stated term of the Zone, the obligations of the Zone have not been fully funded by the TIRZ No. 1 Fund, the City, the County, and the Drainage District shall have no obligation to pay the shortfall and the term shall not be extended. Nothing in this section is intended to prevent the City from extending the term of the Zone in accordance with the Act. SECTION 14: ECONOMIC DEVELOPMENT PROGRAM The City Council and the Board have determined it to be necessary and convenient to the accomplishment of the objectives of the Zone to establish and provide for the administration of the Economic Development Program that may be used to incentivize development. The Economic Development Program established in this Section is authorized by the Economic Development Provision. The Economic Development Program will further the public purpose of developing and diversifying the economy of the Zone. All grants that are part of the Economic Development Program serve the public purpose of attracting new business and commercial activity to the Zone for the purpose of providing long-term economic benefits including, but not limited to, increases in the real property tax base for all taxing units within the Zone, and increased job opportunities for residents of the City, County, and the region. REINVESTMENT ZONE NUMBER ONE, CITY OF BEAUMONT, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 12 LIST OF EXHIBITS Unless otherwise stated, all references to "Exhibits" contained in this Preliminary Plan shall mean and refer to the following exhibits, all of which are attached to and made a part of this Preliminary Plan for all purposes. Exhibit A Map of the Zone Exhibit B Non-Project Costs Exhibit C List of Project Costs Exhibit D Estimated Timeline of Incurred Project Costs Exhibit E-1 Feasibility Study Exhibit E-2 Feasibility Study – City Only Exhibit F Proposed Uses of the Property Exhibit G Map of the Public Improvements Exhibit H Legal Description REINVESTMENT ZONE NUMBER ONE, CITY OF BEAUMONT, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 13 EXHIBIT A – MAP OF THE ZONE REINVESTMENT ZONE NUMBER ONE, CITY OF BEAUMONT, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 14 EXHIBIT B – NON-PROJECT COSTS Total Added Development Value $ 1,357,800,000 Total Public Improvement Costs $ 179,851,000 Estimated Non-Project Costs $ 1,177,949,000 (1) Non-Project Costs is an estimate that is equal to the total increase in valuation less Public Improvement Costs and value growth factor. (2) Provided for illustrative purposes only, and subject to change. Reinvestment Zone Number One, City of Beaumont, Texas Non-Project Costs Non-Project Costs 1,2 REINVESTMENT ZONE NUMBER ONE, CITY OF BEAUMONT, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 15 EXHIBIT C – LIST OF PROJECT COSTS Project Category Project Code Project Name Project Costs Facilities F-1 Lake District Restroom Facility $ 685,000 Facilities F-2 City Hall Courtyard & Plaza Renovations $ 1,190,000 Facilities F-3 New Restroom Facility at the Athletic Complex No. 3 $ 406,000 Facilities F-4 555 Main Street Plaza/Riverfront Park Extension $ 8,770,000 Facilities F-5 Civic Center Improvements $ 15,000,000 Downtown D-1 Downtown Revitalization Program; Façade Renovation $ 6,000,000 Parks P-1 Rehabilitation of Parking Lots and Engelbrecht Drive Rehabilitation $ 1,200,000 Recreation R-1 Athletic Complex 4 Baseball Fields Conversion $ 6,500,000 Storm Drainage SD-1 Corley Diversion Phase 2 $ 15,000,000 Streets ST-1 Carroll & Sycamore Street Roadway Rehabilitation $ 1,700,000 Streets ST-2 Park Street Roadway Rehabilitation $ 2,500,000 Streets ST-3 Jim Gilligan Roadway Rehabilitation $ 1,500,000 Streets ST-4 Highland Ave Bridge Replacement $ 700,000 Utilities U-1 Transmission/Distribution Lines Relocation $ 4,700,000 Water W-1 Downtown Waterway Feature $ 114,000,000 $ 179,851,000 $ 405,681 $ 180,256,681 Subtotal Total Administrative Costs Reinvestment Zone Number One, City of Beaumont, Texas Project Costs Legend Drainage District No. 6 Project REINVESTMENT ZONE NUMBER ONE, CITY OF BEAUMONT, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 16 EXHIBIT D – ESTIMATED TIMELINE OF INCURRED PROJECT COSTS Annual Cumulative Base 2023 $ - $ - 1 2024 $ 25,693,000 $ 25,693,000 2 2025 $ - $ 25,693,000 3 2026 $ 25,693,000 $ 51,386,000 4 2027 $ - $ 51,386,000 5 2028 $ 25,693,000 $ 77,079,000 6 2029 $ - $ 77,079,000 7 2030 $ 25,693,000 $ 102,772,000 8 2031 $ - $ 102,772,000 9 2032 $ 25,693,000 $ 128,465,000 10 2033 $ - $ 128,465,000 11 2034 $ 25,693,000 $ 154,158,000 12 2035 $ - $ 154,158,000 13 2036 $ 25,693,000 $ 179,851,000 14 2037 $ - $ 179,851,000 15 2038 $ - $ 179,851,000 $ 179,851,000 Reinvestment Zone Number One, City of Beaumont, Texas Estimated Timeline of Incurred Project Costs Zone Year Calendar Year Total Project Costs 1,2 (1) Estimate provided for illustrative purposes only. (2) Does not illustrate Administrative Costs, which shall be incurred annually for the duration of the Zone. Total REINVESTMENT ZONE NUMBER ONE, CITY OF BEAUMONT, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 17 EXHIBIT E-1 – FEASIBILITY STUDY % Annual Cumulative Annual Cumulative % Annual Cumulative Annual Cumulative % Annual Cumulative Annual Cumulative Annual Cumulative Base 2023 $ 1,961,248,092 1 2024 $ 1,961,248,092 $ - 60% $ - $ - $ - $ - 60% $ - $ - $ - $ - 60% $ - $ - $ - $ - $ - $ - 2 2025 $ 90,520,000 $ 2,051,768,092 $ 90,520,000 60% $ - $ - $ - $ - 60% $ - $ - $ - $ - 60% $ - $ - $ - $ - $ - $ - 3 2026 $ 2,051,768,092 $ 90,520,000 60% $ 370,128 $ 370,128 $ 246,752 $ 246,752 60% $ 194,980 $ 194,980 $ 129,987 $ 129,987 60% $ 104,512 $ 104,512 $ 69,675 $ 69,675 $ 669,620 $ 669,620 4 2027 $ 90,520,000 $ 2,142,288,092 $ 181,040,000 60% $ 370,128 $ 740,256 $ 246,752 $ 493,504 60% $ 194,980 $ 389,960 $ 129,987 $ 259,973 60% $ 104,512 $ 209,024 $ 69,675 $ 139,349 $ 669,620 $ 1,339,241 5 2028 $ 2,142,288,092 $ 181,040,000 60% $ 740,256 $ 1,480,513 $ 493,504 $ 987,008 60% $ 389,960 $ 779,920 $ 259,973 $ 519,947 60% $ 209,024 $ 418,048 $ 139,349 $ 278,699 $ 1,339,241 $ 2,678,481 6 2029 $ 90,520,000 $ 2,232,808,092 $ 271,560,000 60% $ 740,256 $ 2,220,769 $ 493,504 $ 1,480,513 60% $ 389,960 $ 1,169,880 $ 259,973 $ 779,920 60% $ 209,024 $ 627,072 $ 139,349 $ 418,048 $ 1,339,241 $ 4,017,722 7 2030 $ 2,232,808,092 $ 271,560,000 60% $ 1,110,384 $ 3,331,153 $ 740,256 $ 2,220,769 60% $ 584,940 $ 1,754,821 $ 389,960 $ 1,169,880 60% $ 313,536 $ 940,608 $ 209,024 $ 627,072 $ 2,008,861 $ 6,026,582 8 2031 $ 90,520,000 $ 2,323,328,092 $ 362,080,000 60% $ 1,110,384 $ 4,441,538 $ 740,256 $ 2,961,025 60% $ 584,940 $ 2,339,761 $ 389,960 $ 1,559,841 60% $ 313,536 $ 1,254,144 $ 209,024 $ 836,096 $ 2,008,861 $ 8,035,443 9 2032 $ 2,323,328,092 $ 362,080,000 60% $ 1,480,513 $ 5,922,050 $ 987,008 $ 3,948,033 60% $ 779,920 $ 3,119,681 $ 519,947 $ 2,079,788 60% $ 418,048 $ 1,672,193 $ 278,699 $ 1,114,795 $ 2,678,481 $ 10,713,924 10 2033 $ 90,520,000 $ 2,413,848,092 $ 452,600,000 60% $ 1,480,513 $ 7,402,563 $ 987,008 $ 4,935,042 60% $ 779,920 $ 3,899,602 $ 519,947 $ 2,599,734 60% $ 418,048 $ 2,090,241 $ 278,699 $ 1,393,494 $ 2,678,481 $ 13,392,405 11 2034 $ 2,413,848,092 $ 452,600,000 60% $ 1,850,641 $ 9,253,203 $ 1,233,760 $ 6,168,802 60% $ 974,900 $ 4,874,502 $ 649,934 $ 3,249,668 60% $ 522,560 $ 2,612,801 $ 348,373 $ 1,741,867 $ 3,348,101 $ 16,740,506 12 2035 $ 90,520,000 $ 2,504,368,092 $ 543,120,000 60% $ 1,850,641 $ 11,103,844 $ 1,233,760 $ 7,402,563 60% $ 974,900 $ 5,849,402 $ 649,934 $ 3,899,602 60% $ 522,560 $ 3,135,361 $ 348,373 $ 2,090,241 $ 3,348,101 $ 20,088,608 13 2036 $ 2,504,368,092 $ 543,120,000 60% $ 2,220,769 $ 13,324,613 $ 1,480,513 $ 8,883,075 60% $ 1,169,880 $ 7,019,283 $ 779,920 $ 4,679,522 60% $ 627,072 $ 3,762,433 $ 418,048 $ 2,508,289 $ 4,017,722 $ 24,106,329 14 2037 $ 90,520,000 $ 2,594,888,092 $ 633,640,000 60% $ 2,220,769 $ 15,545,382 $ 1,480,513 $ 10,363,588 60% $ 1,169,880 $ 8,189,163 $ 779,920 $ 5,459,442 60% $ 627,072 $ 4,389,506 $ 418,048 $ 2,926,337 $ 4,017,722 $ 28,124,051 15 2038 $ 2,594,888,092 $ 633,640,000 60% $ 2,590,897 $ 18,136,279 $ 1,727,265 $ 12,090,852 60% $ 1,364,861 $ 9,554,024 $ 909,907 $ 6,369,349 60% $ 731,584 $ 5,121,090 $ 487,723 $ 3,414,060 $ 4,687,342 $ 32,811,392 16 2039 $ 90,520,000 $ 2,685,408,092 $ 724,160,000 60% $ 2,590,897 $ 20,727,175 $ 1,727,265 $ 13,818,117 60% $ 1,364,861 $ 10,918,884 $ 909,907 $ 7,279,256 60% $ 731,584 $ 5,852,674 $ 487,723 $ 3,901,783 $ 4,687,342 $ 37,498,734 17 2040 $ 2,685,408,092 $ 724,160,000 60% $ 2,961,025 $ 23,688,201 $ 1,974,017 $ 15,792,134 60% $ 1,559,841 $ 12,478,725 $ 1,039,894 $ 8,319,150 60% $ 836,096 $ 6,688,770 $ 557,398 $ 4,459,180 $ 5,356,962 $ 42,855,696 18 2041 $ 90,520,000 $ 2,775,928,092 $ 814,680,000 60% $ 2,961,025 $ 26,649,226 $ 1,974,017 $ 17,766,150 60% $ 1,559,841 $ 14,038,566 $ 1,039,894 $ 9,359,044 60% $ 836,096 $ 7,524,867 $ 557,398 $ 5,016,578 $ 5,356,962 $ 48,212,658 19 2042 $ 2,775,928,092 $ 814,680,000 60% $ 3,331,153 $ 29,980,379 $ 2,220,769 $ 19,986,919 60% $ 1,754,821 $ 15,793,386 $ 1,169,880 $ 10,528,924 60% $ 940,608 $ 8,465,475 $ 627,072 $ 5,643,650 $ 6,026,582 $ 54,239,240 20 2043 $ 90,520,000 $ 2,866,448,092 $ 905,200,000 60% $ 3,331,153 $ 33,311,532 $ 2,220,769 $ 22,207,688 60% $ 1,754,821 $ 17,548,207 $ 1,169,880 $ 11,698,805 60% $ 940,608 $ 9,406,083 $ 627,072 $ 6,270,722 $ 6,026,582 $ 60,265,823 21 2044 $ 2,866,448,092 $ 905,200,000 60% $ 3,701,281 $ 37,012,813 $ 2,467,521 $ 24,675,209 60% $ 1,949,801 $ 19,498,008 $ 1,299,867 $ 12,998,672 60% $ 1,045,120 $ 10,451,204 $ 696,747 $ 6,967,469 $ 6,696,203 $ 66,962,025 22 2045 $ 90,520,000 $ 2,956,968,092 $ 995,720,000 60% $ 3,701,281 $ 40,714,095 $ 2,467,521 $ 27,142,730 60% $ 1,949,801 $ 21,447,809 $ 1,299,867 $ 14,298,539 60% $ 1,045,120 $ 11,496,324 $ 696,747 $ 7,664,216 $ 6,696,203 $ 73,658,228 23 2046 $ 2,956,968,092 $ 995,720,000 60% $ 4,071,409 $ 44,785,504 $ 2,714,273 $ 29,857,003 60% $ 2,144,781 $ 23,592,590 $ 1,429,854 $ 15,728,393 60% $ 1,149,632 $ 12,645,957 $ 766,422 $ 8,430,638 $ 7,365,823 $ 81,024,050 24 2047 $ 90,520,000 $ 3,047,488,092 $ 1,086,240,000 60% $ 4,071,409 $ 48,856,914 $ 2,714,273 $ 32,571,276 60% $ 2,144,781 $ 25,737,371 $ 1,429,854 $ 17,158,247 60% $ 1,149,632 $ 13,795,589 $ 766,422 $ 9,197,059 $ 7,365,823 $ 88,389,873 25 2048 $ 3,047,488,092 $ 1,086,240,000 60% $ 4,441,538 $ 53,298,451 $ 2,961,025 $ 35,532,301 60% $ 2,339,761 $ 28,077,132 $ 1,559,841 $ 18,718,088 60% $ 1,254,144 $ 15,049,734 $ 836,096 $ 10,033,156 $ 8,035,443 $ 96,425,316 26 2049 $ 90,520,000 $ 3,138,008,092 $ 1,176,760,000 60% $ 4,441,538 $ 57,739,989 $ 2,961,025 $ 38,493,326 60% $ 2,339,761 $ 30,416,892 $ 1,559,841 $ 20,277,928 60% $ 1,254,144 $ 16,303,878 $ 836,096 $ 10,869,252 $ 8,035,443 $ 104,460,759 27 2050 $ 3,138,008,092 $ 1,176,760,000 60% $ 4,811,666 $ 62,551,655 $ 3,207,777 $ 41,701,103 60% $ 2,534,741 $ 32,951,634 $ 1,689,827 $ 21,967,756 60% $ 1,358,657 $ 17,662,535 $ 905,771 $ 11,775,023 $ 8,705,063 $ 113,165,823 28 2051 $ 90,520,000 $ 3,228,528,092 $ 1,267,280,000 60% $ 4,811,666 $ 67,363,320 $ 3,207,777 $ 44,908,880 60% $ 2,534,741 $ 35,486,375 $ 1,689,827 $ 23,657,583 60% $ 1,358,657 $ 19,021,191 $ 905,771 $ 12,680,794 $ 8,705,063 $ 121,870,886 29 2052 $ 3,228,528,092 $ 1,267,280,000 60% $ 5,181,794 $ 72,545,114 $ 3,454,529 $ 48,363,409 60% $ 2,729,721 $ 38,216,096 $ 1,819,814 $ 25,477,397 60% $ 1,463,169 $ 20,484,360 $ 975,446 $ 13,656,240 $ 9,374,684 $ 131,245,569 REINVESTMENT ZONE NUMBER ONE, CITY OF BEAUMONT, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 18 EXHIBIT E-2 – FEASIBILITY STUDY – CITY ONLY % Annual Cumulative Annual Cumulative Base 2023 $ 1,961,248,092 1 2024 $ 1,961,248,092 $ - 60% $ - $ - $ - $ - 2 2025 $ 90,520,000 $ 2,051,768,092 $ 90,520,000 60% $ - $ - $ - $ - 3 2026 $ 2,051,768,092 $ 90,520,000 60% $ 370,128 $ 370,128 $ 246,752 $ 246,752 4 2027 $ 90,520,000 $ 2,142,288,092 $ 181,040,000 60% $ 370,128 $ 740,256 $ 246,752 $ 493,504 5 2028 $ 2,142,288,092 $ 181,040,000 60% $ 740,256 $ 1,480,513 $ 493,504 $ 987,008 6 2029 $ 90,520,000 $ 2,232,808,092 $ 271,560,000 60% $ 740,256 $ 2,220,769 $ 493,504 $ 1,480,513 7 2030 $ 2,232,808,092 $ 271,560,000 60% $ 1,110,384 $ 3,331,153 $ 740,256 $ 2,220,769 8 2031 $ 90,520,000 $ 2,323,328,092 $ 362,080,000 60% $ 1,110,384 $ 4,441,538 $ 740,256 $ 2,961,025 9 2032 $ 2,323,328,092 $ 362,080,000 60% $ 1,480,513 $ 5,922,050 $ 987,008 $ 3,948,033 10 2033 $ 90,520,000 $ 2,413,848,092 $ 452,600,000 60% $ 1,480,513 $ 7,402,563 $ 987,008 $ 4,935,042 11 2034 $ 2,413,848,092 $ 452,600,000 60% $ 1,850,641 $ 9,253,203 $ 1,233,760 $ 6,168,802 12 2035 $ 90,520,000 $ 2,504,368,092 $ 543,120,000 60% $ 1,850,641 $ 11,103,844 $ 1,233,760 $ 7,402,563 13 2036 $ 2,504,368,092 $ 543,120,000 60% $ 2,220,769 $ 13,324,613 $ 1,480,513 $ 8,883,075 14 2037 $ 90,520,000 $ 2,594,888,092 $ 633,640,000 60% $ 2,220,769 $ 15,545,382 $ 1,480,513 $ 10,363,588 15 2038 $ 2,594,888,092 $ 633,640,000 60% $ 2,590,897 $ 18,136,279 $ 1,727,265 $ 12,090,852 16 2039 $ 90,520,000 $ 2,685,408,092 $ 724,160,000 60% $ 2,590,897 $ 20,727,175 $ 1,727,265 $ 13,818,117 17 2040 $ 2,685,408,092 $ 724,160,000 60% $ 2,961,025 $ 23,688,201 $ 1,974,017 $ 15,792,134 18 2041 $ 90,520,000 $ 2,775,928,092 $ 814,680,000 60% $ 2,961,025 $ 26,649,226 $ 1,974,017 $ 17,766,150 19 2042 $ 2,775,928,092 $ 814,680,000 60% $ 3,331,153 $ 29,980,379 $ 2,220,769 $ 19,986,919 20 2043 $ 90,520,000 $ 2,866,448,092 $ 905,200,000 60% $ 3,331,153 $ 33,311,532 $ 2,220,769 $ 22,207,688 21 2044 $ 2,866,448,092 $ 905,200,000 60% $ 3,701,281 $ 37,012,813 $ 2,467,521 $ 24,675,209 22 2045 $ 90,520,000 $ 2,956,968,092 $ 995,720,000 60% $ 3,701,281 $ 40,714,095 $ 2,467,521 $ 27,142,730 23 2046 $ 2,956,968,092 $ 995,720,000 60% $ 4,071,409 $ 44,785,504 $ 2,714,273 $ 29,857,003 24 2047 $ 90,520,000 $ 3,047,488,092 $ 1,086,240,000 60% $ 4,071,409 $ 48,856,914 $ 2,714,273 $ 32,571,276 25 2048 $ 3,047,488,092 $ 1,086,240,000 60% $ 4,441,538 $ 53,298,451 $ 2,961,025 $ 35,532,301 26 2049 $ 90,520,000 $ 3,138,008,092 $ 1,176,760,000 60% $ 4,441,538 $ 57,739,989 $ 2,961,025 $ 38,493,326 27 2050 $ 3,138,008,092 $ 1,176,760,000 60% $ 4,811,666 $ 62,551,655 $ 3,207,777 $ 41,701,103 28 2051 $ 90,520,000 $ 3,228,528,092 $ 1,267,280,000 60% $ 4,811,666 $ 67,363,320 $ 3,207,777 $ 44,908,880 29 2052 $ 3,228,528,092 $ 1,267,280,000 60% $ 5,181,794 $ 72,545,114 $ 3,454,529 $ 48,363,409 30 2053 $ 90,520,000 $ 3,319,048,092 $ 1,357,800,000 60% $ 5,181,794 $ 77,726,908 $ 3,454,529 $ 51,817,939 $ 1,357,800,000 $ 77,726,908 $ 51,817,939 $ 1,961,248,092 0.681485 4.62% Footnotes 1) Added Development Value based on City's ten year average growth. 2) Base Taxable Value to be confirmed by the Appraisal District. Assumptions City's Ten Year Average Growth 1 City AV Rate Base Taxable Value 2 Total Reinvestment Zone Number One, City of Beaumont, Texas Feasibility Study - City Only Zone Year Calendar Year Added Development Value 1 REINVESTMENT ZONE NUMBER ONE, CITY OF BEAUMONT, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 19 EXHIBIT F – PROPOSED USES OF THE PROPERTY REINVESTMENT ZONE NUMBER ONE, CITY OF BEAUMONT, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 20 EXHIBIT G – MAP OF THE PUBLIC IMPROVEMENTS REINVESTMENT ZONE NUMBER ONE, CITY OF BEAUMONT, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 21 EXHIBIT H – PARCEL IDENTIFICATION [Remainder of page left intentionally blank.] REINVESTMENT ZONE NUMBER ONE, CITY OF BEAUMONT, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 22 Property ID 956 9771 9772 9775 23402 23405 23406 27541 32038 32044 32046 35126 35141 35156 35157 35173 35174 35177 35178 35181 35183 35185 35186 35187 39336 39338 47868 49040 50664 50666 50667 69446 69471 69508 69509 72669 72670 72681 72682 72683 Property ID 79777 79780 79781 79782 79784 79785 79786 94734 94736 94737 94738 97747 97754 97760 97761 97763 REINVESTMENT ZONE NUMBER ONE, CITY OF BEAUMONT, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 23 Property ID 5399 5401 5402 5403 5404 5405 5406 5407 5408 5409 5411 5415 5420 5422 5423 5424 5425 5426 5427 5428 5429 5430 5431 5432 5439 5450 5454 5455 5456 5457 5459 5460 5461 5462 5463 5464 5465 5466 5467 5470 Property ID 5471 5474 5475 5476 5477 5478 5479 5480 5490 5492 5493 5494 5495 5496 5497 5498 REINVESTMENT ZONE NUMBER ONE, CITY OF BEAUMONT, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 24 Property ID 13701 13702 13703 13704 13705 13713 13714 13715 13716 13718 13721 13723 13724 13725 13726 13727 13728 13729 13730 13731 13732 13735 13736 13737 13738 13739 13740 13741 13742 13743 13744 13745 13746 13747 13748 13749 13750 13751 13762 13765 Property ID 13766 13767 13768 13769 13774 13776 13777 13778 13779 13785 13786 13787 13788 13789 13790 13791 REINVESTMENT ZONE NUMBER ONE, CITY OF BEAUMONT, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 25 Property ID 19178 19179 19180 20632 20633 20635 20636 20637 20638 20639 20640 20641 20642 20643 20644 20645 20646 20647 20648 20649 20651 20652 20653 20654 20655 20656 20657 20660 20661 20662 20663 20675 20676 20677 20678 20679 20680 20681 20682 20683 Property ID 20684 20685 20686 20687 20688 20689 20690 20691 20692 20693 20694 20695 20696 20697 20698 20699 REINVESTMENT ZONE NUMBER ONE, CITY OF BEAUMONT, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 26 Property ID 34955 34956 34957 34960 34961 34962 34963 34964 35175 35265 35266 35268 35269 35271 35272 35273 35274 35276 35277 35278 35279 35280 35281 35282 35283 35284 35285 35286 35287 35288 35289 35290 35293 5443 5444 408701 13602 13603 408708 408709 Property ID 408718 49633 49634 49635 49636 49637 49639 49642 49643 49644 49645 49646 49656 49659 49678 49679 REINVESTMENT ZONE NUMBER ONE, CITY OF BEAUMONT, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 27 Property ID 50125 50126 50127 50128 50129 50130 50134 50135 50136 50138 50139 50140 50141 50142 50145 50146 50147 50148 50149 50151 50152 50153 50154 50155 50156 50157 50161 50162 50163 50164 50165 50166 50167 50168 50169 50170 50171 50172 50173 50174 Property ID 50175 50176 50177 50178 50179 50180 50181 50182 50184 50191 50192 50193 50194 50195 50196 50197 REINVESTMENT ZONE NUMBER ONE, CITY OF BEAUMONT, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 28 Property ID 58573 58574 58575 58576 58577 58578 58579 58580 58581 58582 58584 58585 58586 58588 58589 58590 58591 58592 58593 58594 58595 58596 58597 58598 58599 58600 58602 58603 58604 58587 58607 58608 62479 62480 62482 62483 62484 62485 62489 62490 Property ID 62491 62493 62497 62499 62498 62500 62501 62502 62505 62506 62507 62508 62509 62510 62511 62512 REINVESTMENT ZONE NUMBER ONE, CITY OF BEAUMONT, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 29 Property ID 119370 119371 119372 119373 119374 119376 119377 119378 119379 119380 119381 119387 119389 119390 119391 119392 119394 119395 119404 119405 119409 119410 119411 119412 119413 119414 119415 119416 119417 119418 119419 119420 119421 119422 119423 119424 119425 119426 119427 119428 Property ID 119429 119430 119431 119433 121788 121794 121825 121826 121827 121829 121830 121831 121832 121839 121840 121841 REINVESTMENT ZONE NUMBER ONE, CITY OF BEAUMONT, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 30 Property ID 6333 6334 6335 6344 8800 8801 8804 8805 8806 8815 8816 8821 8825 8831 8832 8833 8837 8838 8839 8845 8849 8850 8854 8862 8925 8926 8932 8933 8934 8992 8994 8995 8996 13401 13402 13403 13404 13405 409316 409317 Property ID 401046 16011 16012 16013 16032 16033 16034 16036 16037 16038 16064 16065 16066 16067 16068 16069 REINVESTMENT ZONE NUMBER ONE, CITY OF BEAUMONT, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 31 Property ID 27586 27587 27588 27589 27591 27593 27594 27595 27596 27597 32048 32049 32050 32051 32053 32055 32056 32063 32065 32068 25345 42877 42878 42879 42880 42881 42882 42883 42884 42885 42886 42887 42888 42889 42890 42891 42892 42893 42894 44235 Property ID 44241 44242 47284 47287 47304 56550 56552 56553 56558 56587 56588 56589 56590 56591 56592 56595 REINVESTMENT ZONE NUMBER ONE, CITY OF BEAUMONT, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 32 Property ID 109023 109024 109025 109026 109035 109036 109037 109038 109040 109041 109042 109043 109044 109045 109047 109049 109050 109051 109052 109053 109054 109055 109072 109073 109074 109075 109076 109080 109081 109082 109086 109088 109089 109090 109091 109092 109093 109094 109343 109344 Property ID 109351 109352 109392 109394 109395 109396 111264 111270 111271 111273 111281 111363 114926 114953 114955 114956 REINVESTMENT ZONE NUMBER ONE, CITY OF BEAUMONT, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 33 Property ID 125308 125309 125313 125316 125317 125318 125328 125331 125333 125334 264041 125336 125337 125338 125350 125353 125356 125358 125918 125933 125978 126042 133010 244090 249555 249751 249752 261244 261245 5710 5724 5726 5727 16796 16801 16911 16914 18515 18523 18524 Property ID 18533 18570 18590 18591 18595 18596 18598 18605 18612 18618 18619 18630 18637 18638 18639 18640 REINVESTMENT ZONE NUMBER ONE, CITY OF BEAUMONT, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 34 Property ID 240859 253349 125932 128208 128207 128206 128209 119619 240879 266502 267015 267014 5605 39339 47870 13818 13622 13628 5645 50246 50264 109129 111433 109059 123299 261726 119853 56585 56586 56594 133526 123304 5708 261303 95183 124408 95187 95186 95185 95184 Property ID 268187 124881 125369 264046 264047 49681 124337 120998 18613 18629 18569 18572 5421 122553 119633 55892 REINVESTMENT ZONE NUMBER ONE, CITY OF BEAUMONT, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 35 Property ID 56603 56601 360266 111276 111275 110710 110711 255594 123192 107514 385958 385957 22337 386194 34921 133718 122456 120987 13855 122526 122527 122528 111362 50060 122639 58601 58606 35267 13619 5433 35294 18848 124331 25415 63086 63085 109353 109152 13733 109380 Property ID 33326 33327 109553 123194 397750 114981 114980 120991 13856 125962 18868 56370 117627 119856 119856 119891 REINVESTMENT ZONE NUMBER ONE, CITY OF BEAUMONT, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 36 Property ID 27571 119553 119557 105408 105403 35200 27542 416672 109116 416699 128204 120065 121205 416736 416828 416827 416826 416823 416829 416830 49979 49981 120994 13784 5672 5591 5597 5588 110679 110681 120943 22335 419704 110635 413426 5586 125315 Property ID 125314 123708 13708 13709 13710 13712 13711 13707 13859 5700 62111 344720 420703 13706 123685 13720 5448 401948 5437 5436 94872 79783 421782 421808 23100 94797 94796 5611 5534 5418 123329 5416 261390 120949 120950 50186 50187 Property ID 50185 50188 50189 50190 50183 264053 122317 56557 122641 22857 13835 119538 109121 56665 109126 27590 412220 62481 423096 27556 27549 27565 56415 44236 13763 120938 47871 47869 35144 125063 423483 22842 27552 56395 422982 56388 423807 Property ID 56389 56400 82854 423812 56401 5719 13552 13551 13549 13548 13553 13554 13555 13556 13557 13564 13563 13562 13561 13560 13559 13558 13565 13566 13567 13568 13569 13570 13576 13575 13574 13572 13571 13579 13585 13584 13582 Property ID 13592 13591 13590 13588 5445 424085 82858 56413 56399 56752 103533 119601 119643 111269 424145 123715 5706 5389 69839 69840 416824 416825 424508 423501 128320 264048 123694 120150 120366 123428 123401 410873 426299 426312 50022 18860 18859 23099 23097 23907 62074 119899 399149 5704 5704 124163 124164 124162 57666 124166 119289 67040 66955 67039 66954 124832 124833 124828 Property ID 124834 5387 57667 13872 5592 5598 128294 128287 400553 120084 8809 5535 5441 119276 386698 5472 5473 62152 27592 123682 18894 5513 27570 27572 101896 109013 127971 5679 5680 5677 5678 124334 18611 50043 62494 109467 124862 407557 13810 407565 Property ID 120236 407794 407793 407792 407791 407790 27558 62167 5486 97752 13662 408317 408316 105395 18617 13888 121303 109459 109460 109461 109462 13913 13909 13916 13914 122623 105323 121746 409662 123707 79776 409744 120049 13853 5451 5442 58609 58610 58611 119270 Property ID 50150 50214 120922 68827 58583 123311 34918 119523 20673 62868 120964 412407 123676 123703 240807 240806 266503 35138 35140 22913 50290 62504 62486 18575 124863 105324 413411 50143 123272 123268 123330 56369 128033 13636 27578 123364 5636 5631 413946 27579 120231 120241 121476 120989 80289 120229 120230 120066 119388 119375 119365 20634 80291 20664 20665 20666 20667 20668 20669 20670 20671 20674 125332 125327 Property ID 125330 240858 244109 328802 328801 328800 52008 329054 329053 123236 94804 119529 119561 119558 119540 119530 119552 119562 119554 264055 264051 27550 8760 8763 22890 97742 128266 127969 128297 124427 344505 35275 111364 109112 109156 109159 123719 109158 120365 111368 Property ID 111438 120098 22920 22923 123716 123717 250302 105398 105401 105418 105417 268268 44255 22908 329692 49663 111265 266645 97791 63088 63087 56418 13900 13897 13902 5622 62877 62522 56615 18988 124861 128246 66962 66964 67026 5676 109057 109109 5453 13692 Property ID 13695 13687 13688 13691 13690 13689 119287 119271 119273 119288 50137 119281 119286 119285 119280 119272 68176 68175 68173 68169 68170 68171 68172 44214 123701 104707 109014 126043 13933 124957 124973 22934 348232 124956 22940 22947 22960 22965 22963 22854 424316 409320 125912 22339 22342 22343 32938 32939 32940 44213 44215 44217 44218 44239 44245 44246 44249 44250 55898 56750 82810 97295 97296 97303 Property ID 100738 100739 102020 102021 102026 102028 102029 102030 102032 102052 102054 102055 103661 104708 104713 110631 110632 110633 110637 110644 110645 110649 110650 110651 110652 110653 110654 110657 110658 110661 110664 110665 110668 110669 110671 110672 110675 110680 110683 110685 Property ID 110708 110758 110759 119622 119639 120052 120080 120083 120085 120086 120087 120089 120090 120097 120118 120122 120123 120124 120138 120139 120140 120142 120144 120145 120146 120147 120148 120149 120232 120233 120234 120235 120237 120238 120239 120242 120243 120245 120921 120925 Property ID 120927 120930 120933 120934 120935 120944 120945 120985 120988 120990 121204 121208 121221 121222 121223 121224 121225 121226 121227 121228 121284 121285 121286 121299 121301 121304 121305 121306 121316 121317 121318 125903 125905 125929 125968 125970 125971 403827 239760 240604 114957 114958 114959 114960 114961 114962 114963 114964 114966 114967 114968 114969 114970 114971 114972 114973 114974 114975 114977 114978 114979 114983 114984 114986 Property ID 119290 119521 119522 119524 119525 119526 119527 119528 119531 119532 119534 119535 119536 119537 119539 119541 119543 119545 119546 119547 119548 119549 119550 119551 119555 119556 119559 119560 119563 119564 119565 119566 119567 119569 119570 119620 263480 119628 119636 119852 Property ID 119863 119890 119895 119897 119898 119904 119906 119919 119985 121760 121761 121762 121768 121777 121780 121793 121838 121853 124152 124153 124154 124155 124156 124157 124158 124159 124160 124161 124165 124167 124168 124169 124170 124171 124172 124173 124174 124175 124176 124177 Property ID 124178 124179 124180 124181 124182 124183 124184 124185 124330 124332 124425 124428 124743 124831 124866 124867 124868 124869 124870 124871 124877 124879 124889 124949 124950 124958 124959 124969 124974 124977 125026 125027 125028 125030 125031 125032 125065 125066 125306 125307 56596 56597 56598 56599 56600 56602 56605 56607 56611 56614 56648 56661 56662 56664 56688 57668 57669 57670 57671 57672 57673 57676 57677 57678 Property ID 57679 57680 62072 62073 62076 62077 62078 62079 62080 62081 62082 62083 62096 62108 62109 62110 62113 62153 62154 62155 62156 62162 62163 62202 62203 62204 62205 62206 62207 62267 62268 62269 62270 63080 63081 63082 63084 63157 63165 63196 Property ID 63197 63198 63199 63200 63201 63202 63203 63204 63205 63206 63207 63208 63209 69872 69874 69875 69876 69880 69906 69907 69908 69909 69910 69911 69912 69913 71471 71472 71482 71484 71489 71528 82725 84848 84849 84859 101893 101895 101898 101900 Property ID 101901 101902 101903 101904 101905 44211 105317 105344 105345 105355 105356 105357 105370 105378 105379 105397 105400 105404 105405 105406 105409 105414 105415 105416 105419 105420 105421 107508 107510 109004 109005 109006 109010 109011 109015 109016 109017 109018 109019 109021 16070 16071 16139 16140 16141 16142 16143 16144 16145 16343 16344 16346 18666 18667 18668 18669 18671 18672 18673 18674 18675 18816 18826 18827 Property ID 18828 18837 18838 18846 18856 18869 18879 18880 18891 18892 18980 18981 18982 18983 22835 22837 22838 22839 22840 22841 22846 22847 22848 22849 22850 22851 22853 22855 22861 22865 22866 22868 22869 22870 22871 22873 22875 22876 22879 22880 Property ID 22881 22882 22883 22884 22885 22886 22887 22888 22889 22896 22897 22898 22899 22900 22901 22902 22903 22904 22905 22906 22910 22911 22914 22915 22916 22917 22918 22919 22921 22922 22924 22925 22926 22927 22929 22936 22937 22938 22943 22945 Property ID 22946 22948 22969 22970 23070 23087 23104 23108 25339 25344 25377 25378 25381 25382 25416 25417 25421 25422 25459 25460 25464 25465 25466 25493 25498 25499 27547 27554 27557 27566 27567 27568 27569 27573 27574 27575 27576 27580 27582 27584 121842 121844 121845 121846 122309 122310 122318 122320 122321 122322 122517 122520 122567 122610 122621 122622 122625 122624 122626 122627 122628 122632 122635 122636 Property ID 122637 122640 122642 122645 122646 122647 122648 122649 122650 122651 123677 123678 123679 123681 123683 123684 123686 123687 123692 123695 123696 123697 123699 123700 123704 123705 123706 123709 254487 124335 124336 124378 124379 124380 124381 124382 124383 124384 124385 124386 Property ID 124387 124388 124389 124390 124391 124392 124393 124395 124396 124397 124399 124401 124402 124404 124406 124407 124409 137437 137438 244110 245564 250278 252802 254486 254488 254874 121855 85303 5397 5400 5468 5469 5514 5515 5516 5517 5518 5520 5521 5522 Property ID 5523 5524 5525 5526 5527 5528 5529 5530 5531 5533 5602 5603 5604 5608 5609 5610 5616 5649 5650 5651 5652 5653 5654 5656 5673 5674 5675 5681 5682 5687 5688 5689 5693 5694 5695 5696 5697 5698 5705 6313 62513 62514 62515 62516 62517 62518 62519 62520 62521 62861 62862 62863 62869 62870 62872 62873 62874 62876 63069 63070 63071 63072 63073 63074 Property ID 63075 63076 63079 63083 63089 63090 68177 68828 68829 68830 68831 69848 69849 69850 69851 69852 69853 69854 69855 69856 69857 69858 69859 80290 85297 85298 85299 85300 85301 85302 85304 94798 94799 94800 94801 94802 94803 94805 94806 94807 Property ID 94808 94809 94810 94811 94812 94813 94814 94816 94817 94818 94819 94820 94821 94857 94858 94859 94860 94861 94862 94863 94864 94865 94866 94867 94868 94869 94870 94871 94874 408807 408808 107608 109095 109097 109098 109099 109100 109101 109102 109103 Property ID 109104 109113 109114 109120 109122 109123 109124 109125 109127 109153 109154 109155 109160 109161 109162 109163 109164 109165 109166 109167 109336 109337 109338 109339 109340 109342 115518 119268 119269 119277 119278 119279 119282 119283 119284 119363 119366 119367 119368 119369 50198 50199 50200 50201 50203 50204 50205 50206 50207 50208 50209 50210 50211 50218 50220 50221 50222 50223 50224 50228 50229 50230 50231 50232 Property ID 50234 50235 50236 50237 50238 50239 50240 50241 50242 50243 50244 50247 50248 50249 50250 50251 50252 50253 50254 50255 50256 50257 50258 50259 50260 50261 50262 50263 50267 50268 50269 50270 50272 50274 50276 50278 50279 50280 50284 50285 Property ID 50286 50287 50288 50292 50293 50294 50295 50296 50298 50299 50300 50301 50302 50303 50304 50305 50306 52007 52022 52023 52024 52025 52026 52027 52028 52029 52030 52031 52032 52033 52034 52045 52046 52047 52048 52049 52051 52052 52053 52054 Property ID 52056 52057 52058 52059 52060 52061 52062 52063 52064 52065 52066 52068 52069 52070 52071 56368 56371 56372 56379 56380 56381 56385 56386 56387 56397 56398 56416 56420 56421 56422 58563 58564 58565 58566 58567 58568 58569 58570 58571 58572 49680 49697 49698 49699 49700 49701 49702 49706 49707 49709 49710 49737 49740 49744 49750 49751 49752 49983 49984 49985 49986 49987 49988 49989 Property ID 49990 49991 49992 49993 49994 49995 49996 49997 49998 49999 50000 50001 50002 50003 50004 50005 50006 50007 50008 50009 50010 50011 50012 50013 50014 50015 50016 50017 50018 50019 50020 50021 50024 50025 50026 50027 50028 50029 50030 50031 Property ID 50032 50033 50034 50035 50036 50037 50038 50039 50040 50041 50042 50045 50046 50047 50048 50049 50050 50051 50052 50053 50054 50055 50056 50057 50058 50059 50061 50062 50063 50064 50065 50067 50069 50071 50072 50073 50074 50075 50076 50077 Property ID 50078 50080 50082 50083 50084 50086 50087 50088 50089 50091 50093 50094 50095 50096 50097 50098 50099 50100 50101 50102 50103 50104 50105 50106 50107 50108 50109 50110 50111 50112 50113 50114 50117 50118 50119 50120 50121 50122 50123 50124 20700 20701 20702 20703 20704 20705 20706 20708 20709 20710 20711 20712 20713 20714 20715 20716 20717 20718 20719 20720 20721 20722 20723 20724 Property ID 20725 20726 20727 20728 20729 20730 20731 20732 20733 20734 20735 20736 20737 20738 20739 20740 20741 20742 20743 20744 20745 20746 20747 20748 20749 20750 20751 20752 20753 20754 20755 20756 20757 20758 20759 20760 20761 20763 20764 20765 Property ID 20766 20767 20768 20769 20770 20771 20772 20773 20774 20775 20776 20777 20780 20781 20782 20783 20784 20785 20786 20787 20788 20789 20790 20791 20792 20793 20794 20795 20796 20797 20798 20799 20800 20803 20804 20805 20806 20807 20808 20809 Property ID 20810 20811 20812 20813 20814 20815 20816 20817 20818 20819 20820 20821 20822 20823 20824 20825 20826 20827 20828 22034 22035 22036 23388 23389 23390 23391 23392 32885 32886 32887 32888 32889 32890 32891 32892 32893 32894 34941 34942 34943 13792 13793 13794 13795 13796 13797 13798 13803 13806 13807 13808 13809 13812 13815 13816 13817 13821 13822 13823 13825 13826 13828 13829 13830 Property ID 13831 13832 13833 13836 13838 13839 13840 13841 13842 13843 13844 13845 13846 13847 13848 13849 13852 13864 13865 13866 13867 13868 13869 13870 13871 13873 13874 13875 13876 13877 13878 13879 13880 13881 13882 13884 13885 13886 13887 13890 Property ID 13891 13892 13893 13894 13895 13904 13906 13907 13910 13912 13917 13918 13919 13920 13921 13922 13923 13924 13925 13926 13927 13928 13929 13930 13931 13932 15140 15141 15142 15143 15144 15151 15152 15153 15154 15155 15156 15157 15158 15159 Property ID 15160 15161 15375 15376 15377 15378 15379 15380 15381 19147 19148 19149 19150 19151 19152 19153 19154 19155 19156 19157 19158 19159 19160 19161 19162 19163 19164 19165 19166 19167 19168 19169 19170 19171 19172 19173 19174 19175 19176 19177 5499 5500 5501 5502 5504 5505 5506 5507 5508 5510 5511 5536 5537 5538 5539 5540 5542 5543 5545 5546 5547 5548 5549 5550 Property ID 5551 5552 5553 5563 5564 5566 5567 5578 5579 5580 5581 5582 5583 5584 5585 5601 5612 5613 5614 5615 5617 5618 5619 5620 5623 5624 5625 5626 5629 5633 5637 5638 5639 5641 5642 5643 5644 5657 5658 5665 Property ID 5666 5667 5668 5683 5684 5685 5686 5690 5691 5692 13583 13596 13597 13598 13599 13600 13601 13604 13605 13606 13607 13608 13609 13610 13611 13612 13613 13614 13615 13616 13617 13618 13620 13621 13623 13624 13626 13627 13629 13630 Property ID 13631 13632 13633 13641 13642 13643 13647 13648 13652 13657 13658 13659 13660 13661 13666 13667 13668 13669 13670 13671 13672 13673 13674 13675 13676 13677 13678 13679 13680 13681 13682 13683 13684 13685 13686 13696 13697 13698 13699 13700 97764 97765 97766 97767 97787 97788 97789 97790 97794 97809 97902 97903 97908 97909 107612 107613 107631 122457 122505 122519 122529 122530 122531 123167 Property ID 123173 123174 123183 123187 123193 123253 123255 123301 123302 123305 123310 123353 123354 123357 123358 123359 123360 123366 123385 123427 127968 127972 127975 127976 127977 127978 127979 127981 127982 128031 128205 128211 128222 128224 128225 128229 128231 128262 128263 128268 Property ID 128282 128283 128285 128292 128293 128295 128296 128304 128306 128307 128308 128311 128315 128318 128328 128420 133523 133528 238958 245604 250889 42863 42865 42866 42867 42868 42869 42870 42871 42872 42874 42875 42876 42929 42930 42931 42932 42933 42934 42935 Property ID 42936 42937 42938 42939 42940 42941 42942 42943 42944 42945 42946 42947 42948 42949 42950 42951 42952 42953 42954 42955 42956 42957 42958 42959 42960 42961 42962 111439 111441 111442 111443 111446 111447 111512 111513 111514 111515 111516 111517 5395 New Taxable Value Incremental Value City TIRZ Increment City Retained New Revenue 30 2053 $ 90,520,000 $ 3,319,048,092 $ 1,357,800,000 60% $ 5,181,794 $ 77,726,908 $ 3,454,529 $ 51,817,939 60% $ 2,729,721 $ 40,945,817 $ 1,819,814 $ 27,297,211 60% $ 1,463,169 $ 21,947,528 $ 975,446 $ 14,631,685 $ 9,374,684 $ 140,620,253 $ 1,357,800,000 $ 77,726,908 $ 51,817,939 $ 40,945,817 $ 27,297,211 $ 21,947,528 $ 14,631,685 $ 140,620,253 Base Taxable Value 3 $ 1,961,248,092 City AV Rate 0.681485 0.359000 0.192429 City's Ten Year Average Growth 1 4.62% Reinvestment Zone Number One, City of Beaumont, Texas Feasibility Study Zone Year Calendar Year City TIRZ Increment City Retained New Revenue Total TIRZ Fund Contribution Added Development Value 1 New Taxable Value Incremental Value County Retained New County TIRZ Increment Revenue 2 Drainage District TIRZ Increment 2 Drainage District Retained New Revenue County AV Rate Total Assumptions Drainage District AV Rate Footnotes 1) Added Development Value based on City's ten year average growth. 2) County and Drainage District are only shown for illustrative purposes and have not yet agreed to participate. 3) Base Taxable Value to be confirmed by the Appraisal District. 0.00 0.00 INSTALL NEW STD. FIBERGLASS MANHOLE, LESS THAN 5' TO 8' DEPTH (ALL JOINTS/CONNE 015 GC CONSTRUCTION 01000 REMOVE & REPLACE OR 19.00 @ 4,826.00 0.00 91,694.00 INSTALL NEW STD. PRE-CAST CONCRETE MANHOLE, < 5' DEPTH (ALL JOINTS & CONNECTS) 016 GC CONSTRUCTION 01000 REMOVE & REPLACE OR 36.00 @ 4,826.00 0.00 173,736.00 INSTALL NEW STD. PRE-CAST CONCRETE MANHOLE, 5' TO 8' DEPTH (ALL JOINTS&CONNECTS 35.63 0.00 0.00 LF 35.63 -124,277.44 0.00 -124,277.44 0.00 0.00 DEPTHS 020 GC CONSTRUCTION 01000 PIPE BURSTING 10" SEWER TO 10.75" -246.00 @ 38.98 0.00 0.00 0.00 LF 0.00 LF 38.98 -9,589.08 676.65 0.00 0.00 0.00 -9,589.08 676.65 0.00 0.00 0.00 0.00 0.00 0.00 OD, ALL DEPTHS 021 GC CONSTRUCTION 01000 PIPE BURSTING 15" SEWER TO 16.0" 5.00 @ 135.33 135.33 OD, ALL DEPTHS 025 GC CONSTRUCTION 01000 POINT REPAIR 1.00 @ 0.00 0.00 EACH 3,800.00 3,800.00 3,800.00 3,800.00 Total -296,116.60 0.00 -296,116.60 0.00 -296,116.60 3.0 Construction 001 GC Contract 01000 MOBILIZATION 1.00 @ 5,500.00 375.05 0.00 LS 5,500.00 0.00 0.00 0.00 5,500.00 1,625.00 0.00 0.00 0.00 0.00 5,500.00 002 GC 01000 FULL DEPTH REPAIR OF SIDE WALK (5") 25.00 @ 65.00 0.00 SY 0.00 SY 0.00 SY 65.00 65.00 80.00 1,249.95 CONSTRUCTION 003 GG CONSTRUCTION 01000 FULL DEPTH REPAIR OF 100.00 @ 65.00 0.00 6,500.00 3,067.20 0.00 0.00 6,500.00 4,000.00 0.00 0.00 0.00 0.00 DRIVEWAY (6") 004 GC CONSTRUCTION 01000 FULL DEPTH REPAIR OF 50.00 @ 80.00 932.80 CONCRETE PAVEMENT (10") 005 GC CONSTRUCTION 01000 FLEXIBLE PAVEMENT 500.00 @ 65.33 32,609.47 456.00 0.00 SY 65.33 1.50 55.53 0.00 0.00 32,665.00 2,250.00 0.00 0.00 0.00 0.00 STRUCTURE REPAIR (4") 006 GC CONSTRUCTION 01000 TRENCH EXCAVATION 1,500.00 @ 1.50 0.00 LF 1,794.00 PROTECTION 0.00 0.00 SY 65.33 2,309.42 0.00 2,309.42 0.00 0.00 STRUCTURE REPAIR (4") 006 GC CONSTRUCTION 01000 TRENCH EXCAVATION -1,196.00 @ 1.50 0.00 0.00 0.00 LF 0.00 LF 1.50 2.00 -1,794.00 -2,400.00 0.00 0.00 -1,794.00 -2,400.00 0.00 0.00 0.00 0.00 PROTECTION 008 GC CONSTRUCTION 01000 CHAIN LINK & WOODEN FENCES, AND GATES, WITH PROJECT -1,200.00 @ 2.00 MANAGERS APPROVAL 010 GC CONSTRUCTION 01000 OBSTRUCTION REMOVAL BY -20.00 @ 350.00 0.00 0.00 0.00 EACH 350.00 -7,000.00 0.00 0.00 -7,000.00 0.00 0.00 0.00 0.00 EXCAVATION, ALL SIZES, ALL DEPTHS, 011 GC CONSTRUCTION 01000 RECONNECT SERV CONNECTION BY EXCAVATION -113.00 @ 545.00 0.00 EACH 545.00 -61,585.00 -61,585.00 INCLUDING CLEANOUTS TO LINER, COMPLETE, ALL SIZES & DEPTH 012 GC CONSTRUCTION 01000 FURNISH & INSTALL END-OF-LINE -7.00 @ 553.00 0.00 0.00 0.00 EACH 553.00 0.00 EACH 3,833.00 -3,871.00 3,833.00 0.00 0.00 -3,871.00 3,833.00 0.00 0.00 0.00 0.00 CLEANOUT BY EXCAVATION 013 GC CONSTRUCTION 01000 REMOVE & REPLACE OR 1.00 @ 3,833.00 INSTALL NEW STD. FIBERGLASS MANHOLE, LESS THAN 5' DEPTH (ALL JOINTS & CONNECTS) 014 GC CONSTRUCTION 01000 REMOVE & REPLACE OR -6.00 @ 4,826.00 0.00 0.00 EACH 4,826.00 -28,956.00 0.00 -28,956.00 0.00 0.00 INSTALL NEW STD. FIBERGLASS MANHOLE, LESS THAN 5' TO 8' DEPTH (ALL JOINTS/CONNE 01000 REMOVE & -8.00 @ 4,826.00 0.00 0.00 EACH 4,826.00 -38,608.00 0.00 -38,608.00 0.00 0.00 REPLACE OR INSTALL NEW STD. PRE-CAST CONCRETE MANHOLE, 5' TO 8' DEPTH (ALL JOINTS&CONNECTS 018 GC CONSTRUCTION 01000 ABANDON 1.00 @ 500.25 500.25 0.00 EACH 500.25 0.00 0.00 500.25 0.00 0.00 0.00 0.00 MANHOLE 023 GC CONSTRUCTION 01000 REMOVE 5" PIPE 6.00 @ 8.00 48.00 0.00 LF 8.00 0.00 0.00 48.00 Total -7,025.98 31,582.02 -38,608.00 0.00 -7,025.98 CONSTRUCTION CHAIN LINK & WOODEN FENCES, AND GATES, WITH PROJECT MANAGERS APPROVAL 2.00 010 GC CONSTRUCTION OBSTRUCTION REMOVAL BY EXCAVATION, ALL SIZES, ALL DEPTHS, 350.00 011 GC CONSTRUCTION RECONNECT SERV CONNECTION BY EXCAVATION INCLUDING CLEANOUTS TO LINER, COMPLETE, ALL SIZES & DEPTH 545.00 -61,585.00 012 GC CONSTRUCTION 01000 01000 FURNISH & INSTALL END-OF-LINE CLEANOUT BY EXCAVATION -7.00 EACH 553.00 -3,871.00 013 GC 3,833.00 CONSTRUCTION REMOVE & REPLACE OR INSTALL NEW STD. FIBERGLASS MANHOLE, LESS THAN 5' DEPTH (ALL JOINTS & CONNECTS) 1.00 EACH 3,833.00 014 GC CONSTRUCTION 01000 01000 REMOVE & REPLACE OR INSTALL NEW STD. FIBERGLASS MANHOLE, LESS THAN 5' TO 8' DEPTH (ALL JOINTS/CONNE -6.00 EACH 4,826.00 -28,956.00 015 GC -7.00 EACH 4,826.00 -33,782.00 CONSTRUCTION REMOVE & REPLACE OR INSTALL NEW STD. PRE-CAST CONCRETE MANHOLE, < 5' DEPTH (ALL JOINTS & CONNECTS) 016 GC CONSTRUCTION 01000 REMOVE & REPLACE OR INSTALL NEW STD. PRE-CAST CONCRETE MANHOLE, 5' TO 8' DEPTH (ALL JOINTS&CONNECTS -4.00 EACH 4,826.00 -19,304.00