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HomeMy WebLinkAboutJAN 06 2026 PACKET REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, JANUARY 06, 2026 1:30 PM AGENDA CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATIONS Communication Update PUBLIC COMMENT ON AGENDA/CONSENT Citizens may speak on the Consent Agenda and Regular Agenda Items 1 & 2 or any other topic. Item 3 has already been heard in a Public Hearing; therefore, citizens cannot speak on the item. Citizens wishing to speak on Item 4 will be given the opportunity to speak during the Public Hearing. 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 16, 2025, City Council meeting minutes. B.Council to approve the appointment of a Vice Chair for the Parks & Recreation Advisory Committee. C.Council consider a resolution to sponsor a grant application to the Texas Historical Commission Certified Local Government Grant Program to develop SPARE Beaumont in an amount not to exceed $20,000. D.Council consider a resolution approving a lease agreement for eight (8) LP35 for use in Fire and EMS operations. E.Council considers a resolution approving a service agreement for Pro-Care Equipment for Fire and EMS operations. F.Council consider approving a Resolution to amend an existing grant agreement with Legacy Community Development Corporation for the administration of the HOME- ARP Tenant Based Rental Assistance (TBRA). G.Council consider a resolution approving the tri-annual contract for Security Guard Services. H.Council consider a resolution approving the purchase of a new tub grinder. REGULAR AGENDA 1. Council to adopt the rules for the Bond Facilitation Committee. 2. Council consider an ordinance amending Chapter 28, Article 28.04, and Chapter 18, Article 18.03 of the Code of Ordinances of the City of Beaumont. 3.Council consider a request for a Specific Use Permit to allow a washateria in a GC- MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 4515 N. Major Drive, Suite A-B. WORK SESSION Council to Review and Discuss the Proposed Zip Advertisement Policy and Program PUBLIC HEARING Council to Conduct a Public Hearing to receive comments regarding the Zip Advertisement Policy and Program REGULAR AGENDA 4.Council consider a Resolution authorizing the implementation of the Zip Advertisement Policy and Program. COUNCIL COMMENTS EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: The claim of Airon Reynolds, Jr. ADJOURNMENT Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Jacqueline K. Gunner at (409) 880-3782. A TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Tina Broussard, City Clerk MEETING DATE:January 6, 2026 REQUESTED ACTION:Council to consider approving the December 16, 2025, City Council meeting minutes. BACKGROUND None FUNDING SOURCE None RECOMMENDATION Approval of the minutes. ATTACHMENTS Minutes - December 16, 2025 MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert “A.J.” Turner, Mayor Pro Tem ROY WEST, MAYOR Mike Williams, At-Large Cory Crenshaw, Ward I CITY COUNCIL MEETING Joey Hilliard, Ward II LaDonna Sherwood, Ward IIIDECEMBER 16, 2025 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 16, 2025, 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 Presentation – Mural Fest 2026 Public Comment: Persons may speak on the Consent Agenda and Regular Agenda item 1-9 or any other topic. Citizens wishing to speak on Items 10 & 11 will be given the opportunity to speak during the Public Hearing. Mayor West called the council meeting to order at 1:30 p.m. Pastor Carlton Sharp with Faith Christian Center 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, Hilliard, Williams, Sherwood and Crenshaw. Also, present were Kenneth R, Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Mayor West read the announcement regarding Executive Session being held after the conclusion of Councilmember Comments. Public Comment: Persons may speak on the Consent Agenda and Regular Agenda item 1-9 or any other topic. Citizens wishing to speak on Items 10 & 11 will be given the opportunity to speak during the Public Hearing. (Public comments can be heard or seen on the City of Beaumont’s website at beaumonttexas.gov) Gary Yellott5785 Old Dowlen Rd.Beaumont TX Billy Wooley5785 Old Dowlen Rd.Beaumont TX Calvin Carrier4690 Prairie St.Beaumont TX Carlton Sharp5150 Plant Rd.Beaumont TX Minutes – December 16, 2025 Albert Harrison1240 AshleyBeaumont TX Margaret Golias3430 EvalonBeaumont TX Tony Renfro6110 Bankston Ln.Beaumont TX Tonene Carrierre4240 Inez St.Beaumont TX LaShon Proctor4680 Jancar Dr.Beaumont TX Francis Bowman5415 Concord Rd.Beaumont TX Jerome Alexander1117 Evalon St.Beaumont TX Rodney Robichau5255 MerlotBeaumont TX Kailey Boutte5265 Richard Dr.Beaumont TX Airon Reynolds Jr.6949 Salida Ln.Beaumont TX Alexia Morgan5870 ChapelBeaumont TX Addie Allen9695 GrossBeaumont TX Mike Getz7950 Phelan Blvd.Beaumont TX Shawn Webb-Locke6470 Phelan Blvd.Beaumont TX Thefarro Richard5275 Parkview Dr.Beaumont TX William Babineaux1735 BurtonBeaumont 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 December 2, 2025, City Council meeting minutes. B.Council to consider approving a calendar for FY 2026 City Council meetings – Resolution 25-324 C.Council to consider an appointment to the Parks and Recreation Advisory Committee – Resolution 25-325 D.Council to consider a resolution authorizing the City of Beaumont to apply to the Texas Parks and Wildlife Department (TPWD) for a $500,000 Recreational Trails Grant for a motorized trail development – Resolution 25-326 Minutes – December 16, 2025 E.Council to consider a resolution authorizing the City of Beaumont to apply to the Texas Parks and Wildlife Department (TPWD) for a $300,000 Recreational Trails Grant for non- motorized trail rehabilitation – Resolution 25-327 F.Council consider a resolution authorizing the acceptance of a Utility Easement and Access Road Easement with Entergy Texas, Inc – Resolution 25-328 G.Council to consider authorizing the City of Beaumont to apply to the Association for Library Service to Children, a division of the American Library Association, Candlewick Press "Light the Way" for a $3,000 Grant for a program aimed at special needs education – Resolution 25-329 H.Consider approving a one-year agreement with Voya for Stop Loss Insurance for medical and pharmacy benefits – Resolution 25-330 I.Cancellation of award to Unipak Corp. to provide Janitorial Supplies – Resolution 25-331 J.Council to consider a resolution approving multiple contracts for the purchase of traffic marking materials – Resolution 25-332 Councilmember Sherwood moved to approve the Consent Agenda. Councilmember Durio seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, HILLIARD, WILLIAMS, SHERWOOD AND CRENSHAW NAYS:NONE MOTION PASSED WORK SESSION 311 Overview REGULAR AGENDA 1.Council to consider an ordinance amending the FY 2026 Budget. In accordance with Article VI of the City Charter, the City Manager shall strictly enforce the provisions of the budget as specified in the ordinance adopting the budget. He shall not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget, and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. Approving the proposed amendments will ensure expenditures are within the approved budget and that interfund transfers are in accordance with financial policies as approved within the budget document. The City’s 2025 fiscal year ended on September 30, 2025. At that time there were contracts, purchases of goods and services, and other items that were approved and budgeted in Fiscal Year 2025, but the actual expenditure was incurred in Fiscal Year 2026. Exhibit “A” Minutes – December 16, 2025 lists the carryover items for those expenditures that are being requested so that the budget for those items can be reestablished in the current fiscal year. These expenditures were originally included in the budget projections for Fiscal Year 2025. The details of the proposed amendments are as follows: 1.The General Fund’s Adopted Ending Fund Balance for FY 2026 is estimated to be $41,722,082. This Ending Fund Balance takes into consideration all the requested carryforwards in the General Fund. These requested items were estimated in the FY 2025 budget. The total General Fund carryforward request is $836,926. This includes items in various departments, including the following departments: I.T., Planning and Community Development, Public Works, Executive Office, and the Police Department. These requested items were received or paid for in the new fiscal year and require the available budget from the prior fiscal year to be carried forward to the new fiscal year to offset the cost. With this budget amendment, the General Fund is projected to end FY 2026 with a Projected Ending Fund Balance of $41,628,252. The projected Fund Balance percentage is 25% of the General Fund’s annual recurring operating expenditure, which is 5% greater than the policy requirement of not less than 20% of the annual operating expenditure. General FundOriginal Proposed AmendmentAmended Budget Budget Total Expenditures$174,226,829$930,756$175,157,585 2.The Capital Reserve Fund’s Adopted Ending Fund Balance for FY 2026 is estimated to be $0. This Ending Fund Balance takes into consideration all the requested carryforward in the Capital Reserve Fund. These requested items were estimated in the FY 2025 budget. The total Capital Reserve Fund carryforward request is $195,349. This includes items in various departments, including the following departments: I.T. and Facilities Maintenance. These requested items were received or paid for in the new fiscal year and require the available budget from the prior fiscal year to be carried forward to the new fiscal year to offset the cost. Capital Reserve Original Proposed AmendmentAmended Budget FundBudget Total Expenditures$5,695,628$195,349$5,890,977 3.The Water Utilities Fund Adopted Ending Fund Balance for FY 2026 is estimated to be $19,636,825. This Ending Fund Balance takes into consideration all the requested carryforward in the Water & Sewer Fund. These requested items were estimated in the FY 2025 budget. The total Water & Sewer Fund carryforward request is $1,340,224. This includes items for various projects, including the following: WWTP Master Plan, Wetland Outfall Pipe Coating, Wetland Outfall Pipe Platform Install, construct new men’s restroom, Primary Recirculation Pump 5 MGD, Itron Repeater/Collector Antenna Upgrades, Itron Meter repair project and Fleet that has been ordered but not received. These requested items were received or paid for in the new fiscal year and require the available budget from the prior fiscal year to be carried forward to the new fiscal year. Minutes – December 16, 2025 Water UtilitiesOriginal Proposed AmendmentAmended Budget FundBudget Total Expenditures$70,875,256$1,340,224$72,215,480 4.The Solid Waste Fund Adopted Ending Fund Balance for FY 2026 is estimated to be $4,634,984. An amendment is required to replace the tub grinder at the landfill. The purpose of this tub grinder is to grind down all the natural waste (trees, limbs, shrubs, etcetera) to a mulch size biproduct that is then given away to any Beaumont resident that wants it for free. Another purpose of this tub grinder is to reduce the size of this natural waste so that if buried at the landfill, it utilizes less room than bulk products do. The amount of tonnage produced by the tub grinder is reported annually to the Texas Commission on Environmental Quality (TCEQ). The amendment amount of $173,500 is for the principal and interest payment. The total amount of the tub grinder is approximately $745,000. With this budget amendment, the Solid Waste Fund is projected to end FY 2026 with a Projected Ending Fund Balance of $4,461,484. The projected Fund Balance percentage is 31% of the Solid Waste Fund’s annual recurring operating expenditure, which is 16% greater than the policy requirement of not less than 15% of the annual recurring operating expenditure. Solid Waste FundOriginal Proposed AmendmentAmended Budget Budget Total Expenditures$16,626,058$173,500$16,799,558 5.The Municipal Transit Fund Adopted Ending Fund Balance for FY 2026 is estimated to be ($1,960,806). This Ending Fund Balance takes into consideration all the requested carryforwards in the Municipal Transit Fund. These requested items were estimated in the FY 2025 budget. The total Municipal Transit Fund carryforward request is $28,056 for the installation of an automatic gate at the bus yard. These requested items were received or paid for in the new fiscal year and require the available budget from the prior fiscal year to be carried forward to the new fiscal year to offset the cost. Municipal Transit Original Proposed AmendmentAmended Budget FundBudget Total Expenditures$6,651,878$28,056$6,679,934 6.The Hotel Occupancy Tax Fund Adopted Ending Fund Balance for FY 2026 is estimated to be $374,394. This Ending Fund Balance takes into consideration all the requested carryforwards in the Hotel Occupancy Tax Fund. These requested items were estimated in the FY 2025 budget. The total Hotel Occupancy Tax Fund carryforward request is $1,567 in expenditure for the purchase of furniture for educational purposes and $4,000 in revenue from the Rotary Club of BMT as a donation. These requested items were received or paid for in the new fiscal year and require the available budget from the prior fiscal year to be carried forward to the new fiscal year to offset the cost. Minutes – December 16, 2025 Hotel Occupancy Original Proposed AmendmentAmended Budget Tax FundBudget Total Expenditures$3,524,254$5,567$3,529,821 Funds will come from multiple funds. Approval of the ordinance. Councilmember Sherwood moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2026 TO APPROPRIATE ADDITIONAL EXPENDITURES IN THE GENERAL FUND, CAPITAL RESERVE FUND, WATER UTILITIES FUND, SOLID WASTE FUND, MUNICIPAL TRANSIT FUND, AND THE HOTEL OCCUPANCY TAX FUND; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Councilmember Durio seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, HILLIARD, WILLIAMS, SHERWOOD AND CRENSHAW NAYS:NONE MOTION PASSED ORDINANCE 25-076 2.Council to consider a resolution approving a permit payment to the Texas Commission on Environmental Quality (TCEQ). Each year, the City is issued a Public Health Service Fee by the Texas Commission on Environmental Quality (TCEQ). This fee is assessed for operating a public drinking water system, as outlined in Title 30, Texas Administrative Code, Subsection 290.51(a). The revenue collected through this fee is used to cover the commission’s expenses related to providing regulatory services to public water systems. The current fiscal year total is $141,029.35. Funds will come from the Water Fund. Approval of the resolution. Mayor Pro Tem Turner moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPROVE A PERMIT PAYMENT TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ) FOR OPERATING A PUBLIC DRINKING WATER SYSTEM, IN THE AMOUNT OF $141,029.35. Councilmember Hilliard seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, HILLIARD, WILLIAMS, SHERWOOD AND CRENSHAW NAYS:NONE Minutes – December 16, 2025 MOTION PASSED RESOLUTION 25-333 3.Council to consider a resolution authorizing the City Manager to execute an Advance Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT) for the 2025 HSIP (Eleventh Street) Interconnect Signals Project. The city was recently awarded four adaptive signal projects through FHWA’s 2025 Highway Safety Improvements Program (HSIP). The projects have been assigned for the following fiscal years: College Street - FY 2026 Eleventh Street - FY 2027 FM 364 (Major Drive) - FY 2028 SS380 (MLK Parkway) - FY 2029 This item pertains to the Eleventh Street project, which consists of upgrading equipment and implementing adaptive software to adjust signal timing and phasing in real time based on traffic conditions. An Advance Funding Agreement with TxDOT is required to initiate the project and establish the terms for federal participation. The total project estimate is $915,698.00. The City’s share is $85,393.00, with Federal Funds providing $782,485.00 and the State providing $47,820.00. The city will also be responsible for 100% of overruns during construction. Funds will come from Certificates of Obligation. Approval of the resolution. Councilmember Sherwood moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ENTER INTO AN ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR THE 2025 HSIP (ELEVENTH STREET) INTERCONNECT SIGNALS PROJECT. Councilmember Durio seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, HILLIARD, WILLIAMS, SHERWOOD AND CRENSHAW NAYS:NONE MOTION PASSED RESOLUTION 25-334 4.Council to consider a resolution authorizing the City Manager to execute an Advance Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT) for the 2025 HSIP (FM 364) Interconnect Signals Project. Minutes – December 16, 2025 The city was recently awarded four adaptive signal projects through FHWA’s 2025 Highway Safety Improvements Program (HSIP). The projects have been assigned for the following fiscal years: College Street - FY 2026 Eleventh Street - FY 2027 FM 364 (Major Drive) - FY 2028 SS380 (MLK Parkway) - FY 2029 This item pertains to the FM 364 (Major Drive) project, which consists of upgrading equipment and implementing adaptive software to adjust signal timing and phasing in real time based on traffic conditions. An Advance Funding Agreement with TxDOT is required to initiate the project and establish the terms for federal participation. The total project estimate is $800,924.00. The City’s share is $78,969.00, with Federal Funds providing $612,180.90 and the State providing $109,774.10. The city will also be responsible for 100% of overruns during construction. Funds will come from Certificates of Obligation. Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ENTER INTO AN ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR THE 2025 HSIP (FM 364) INTERCONNECT SIGNALS PROJECT AND THAT THE CITY’S FINANCIAL COMMITMENT SHALL BE FUNDED THROUGH CERTIFICATES OF OBLIGATION, AND THE CITY SHALL ASSUME RESPONSIBILITY FOR ANY AND ALL PROJECT COST OVERRUNS. Councilmember Sherwood seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, HILLIARD, WILLIAMS, SHERWOOD AND CRENSHAW NAYS:NONE MOTION PASSED RESOLUTION 25-335 5.Council to consider a Resolution authorizing the City Manager to enter into an Industrial District Agreement with Natgasoline LLC. Natgasoline LLC is a world-scale methanol production facility located in Beaumont, Texas, operated as a joint venture between Proman USA of Houston and Methanex of Vancouver. Since beginning operations in June 2018, Natgasoline has become the largest and most efficient methanol production plant in the United States, generating more than 1.7 million metric tons annually. The facility represents a total capital investment of approximately $2 billion and supports more than 2,700 construction jobs during development, with 141 full-time positions currently in operation. The company’s existing Minutes – December 16, 2025 Industrial District Agreement (IDA) is expiring, and Council is being asked to consider a resolution authorizing the City Manager to execute a renewed IDA with Natgasoline LLC. The proposed terms, similar to other IDA’s, include taxation at 80% of the City rate for Years 1–3 and 75% of the City rate for Years 4–7, continuing the City’s strategic partnership with Natgasoline LLC. Approval of the resolution. Councilmember Crenshaw moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH NATGASOLINE LLC, OF BEAUMONT, TEXAS. Councilmember Hilliard seconded the motion. AYES:MAYOR WEST, COUNCILMEMBERS DURIO, HILLIARD, WILLIAMS, SHERWOOD AND CRENSHAW NAYS:MAYOR PRO TEM TURNER MOTION PASSED RESOLUTION 25-336 6.Council to consider a Resolution authorizing the City Manager to enter into an Industrial District Agreement with Air Liquide Large Industries US L.P. Air Liquide Large Industries US L.P. is a leading global provider of industrial gases and technologies, supporting manufacturing, energy, and chemical operations throughout the region, including its long-standing facility in Beaumont, Texas. The company plays a key role in supplying hydrogen, oxygen, and other essential gases to major industrial partners, contributing to local economic activity and regional industrial stability. Air Liquide’s existing Industrial District Agreement (IDA) with the city is expiring, and Council is being asked to consider renewal of the agreement. The proposed terms include a tax rate set at 80% of the City rate for Years 1–3 and 75% of the City rate for Years 4–7, continuing the City’s partnership with a core industrial operator that supports employment, capital investment, and sustained industrial development in Beaumont. Approval of the resolution. Councilmember Crenshaw moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH AIR LIQUIDE LARGE INDUSTRIES US L.P., OF BEAUMONT, TEXAS. Councilmember Durio seconded the motion. AYES:MAYOR WEST, COUNCILMEMBERS DURIO, HILLIARD, WILLIAMS, SHERWOOD AND CRENSHAW NAYS:MAYOR PRO TEM TURNER MOTION PASSED RESOLUTION 25-337 Minutes – December 16, 2025 7.Council to consider a resolution authorizing the City Manager to execute Change Order No. 1 to the contract with StructureGuard, LLC, for the Cattail Marsh Wetlands Outfall Piling Rehabilitation Project. On July 29, 2025, by Resolution No. 25-165, City Council awarded a contract to StructureGuard, LLC, of Austin, in the amount of $312,503.55, for the Cattail Marsh Wetlands Outfall Piling Rehabilitation Project. Proposed Change Order No. 1, in the amount of $59,948.82, is needed to due to the condition of the final three pilings uncovered during excavation. These pilings were found to be significantly deteriorated and could not be repaired using the original design. The revised scope includes removal of the failed pile sections and installation of new reinforced concrete pile elements and footings, as well as the associated steel plates and I-beam components specified in the engineering drawings. Additional work includes concrete placement, reinforcement, carbon-fiber wrapping, protective coating, and the materials, fabrication, labor, and lodging required to complete the repairs. An additional fourteen (14) calendar days are requested to perform this work. If approved, Change Order No. 1 will result in a new contract amount of $372,452.37. Funds will come from Water Revenue Bonds. Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ACCEPT CHANGE ORDER NO. 1 IN THE AMOUNT OF $59,948.82 FOR THE ADDITIONAL WORK FOR THE CATTAIL MARSH WETLANDS OUTFALL PILING REHABILITATION PROJECT; AND, THAT A TOTAL OF FOURTEEN (14) CALENDAR DAYS ARE ADDED TO THE CONTRACT FOR THE ADDITIONAL WORK. Councilmember Sherwood seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, HILLIARD, WILLIAMS, SHERWOOD AND CRENSHAW NAYS:NONE MOTION PASSED RESOLUTION 25-338 8.Council to consider amending an ordinance providing for the reimbursement of capital expenditures incurred prior to the closing of financing. The FY 2026 budget included the order of thirty (30) pieces of fleet equipment. The FY 2026 budget was approved by Council on September 16, 2025. The approved amount for financing totaled $3,503,925. The purpose of the amendment is to add the replacement of a tub grinder for the landfill. The purpose of this tub grinder is to grind down all the natural waste (trees, limbs, shrubs, etc.) to a mulch size biproduct that is then given away to any Beaumont resident that wants it for free. The landfill is required to report annually the Minutes – December 16, 2025 tonnage reduced by use of a tub grinder to the Texas Commission on Environmental Quality (TCEQ). The amended approved amount for financing totals $4,248,925. Due to varying lead times for fleet equipment, payment for certain items may occur prior to receiving the proceeds of financing. A reimbursement ordinance is warranted to allow the city to reimburse itself for the equipment out of the financing proceeds. The debt proceeds related to this financing will be budgeted in the Capital Reserve, Solid Waste and Debt Service Funds for the duration of lease payments. Approval of the ordinance. Councilmember Sherwood moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE DECLARING AN INTENT OF THE CITY TO REIMBURSE ITSELF FROM PROCEEDS OF GENERAL OBLIGATIONS EXPECTED TO BE ISSUED BY THE CITY FOR CERTAIN ORIGINAL EXPENDITURES PAIN IN CONNECTION WITH THE CITY’S FINANCING OF FLEET EQUIPMENT. Mayor Pro Tem Turner seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, HILLIARD, WILLIAMS, SHERWOOD AND CRENSHAW NAYS:NONE MOTION PASSED ORDINANCE 25-077 9.Consider approval of an amendment to ordinance 08-015 to modify the boundaries of the Neighborhood Empowerment Zone Number Two. The City of Beaumont is proposing an amendment to Ordinance 08-015 to expand the boundaries of Neighborhood Empowerment Zone (NEZ) #2, furthering the City’s commitment to supporting reinvestment and revitalization within targeted neighborhoods. The NEZ Program was established to promote development, improve housing conditions, stimulate economic activity, and enhance the overall quality of life for residents. Within designated NEZ areas, eligible projects may receive incentives such as fee waivers, expedited permitting, removal of City liens, and abatement of City property taxes for up to seven years, helping reduce barriers to redevelopment and encouraging both residential and commercial investment. Expanding NEZ #2 will extend these benefits to additional properties, enabling more opportunities for rehabilitation, new construction, homeownership, and small business growth. Approval of the ordinance. Councilmember Sherwood moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING THE BOUNDARIES OF NEIGHBORHOOD EMPOWERMENT ZONE #2 TO ENCOURAGE REINVESTMENT AND REVITALIZATION WITHIN TARGETED NEIGHBORHOODS. Councilmember Durio seconded the motion. Minutes – December 16, 2025 AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, HILLIARD, WILLIAMS, SHERWOOD AND CRENSHAW NAYS:NONE MOTION PASSED ORDINANCE 25-078 PUBLIC HEARING Council to discuss the conduct of Councilmember Williams and Councilmember Hilliard for alleged violations of the City Charter. Public Hearing Open: 3:50 p.m. Chris Jones1045 Doucette AveBeaumont TX Abigail Morales1045 Church St.Beaumont TX Public Hearing Close: 4:33 p.m. REGULAR AGENDA 10.Council to consider the censure of Councilmember Michael Williams. At the request of Councilmember Sherwood, with a second from Councilmember Durio, a Public Hearing was held to determine if statements made by Councilmember Williams on social media violated the City Charter. Councilmember Durio moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, HEREBY CENSURES COUNCILMEMBER MICHAEL WILLIAMS FOR HIS PUBLIC STATEMENTS CALLING FOR THE RESIGNATION AND TERMINATION OF EMPLOYEES UNDER THE CITY MANAGER’S AUTHORITY, AND FOR ACTIONS INCONSISTENT WITH THE RESPONSIBILITIES AND LIMITATIONS ESTABLISHED BY THE CITY CHARTER. Councilmember Sherwood seconded the motion. Councilmember Crenshaw made a motion to amend the motion to table the item until January 6, 2026. AYES:COUNCILMEMBERS HILLIARD, WILLIAMS AND CRENSHAW NAYS:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO AND SHERWOOD The motion failed. The original motion was taken up. Councilmember Durio moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, HEREBY CENSURES COUNCILMEMBER MICHAEL WILLIAMS FOR HIS PUBLIC Minutes – December 16, 2025 STATEMENTS CALLING FOR THE RESIGNATION AND TERMINATION OF EMPLOYEES UNDER THE CITY MANAGER’S AUTHORITY, AND FOR ACTIONS INCONSISTENT WITH THE RESPONSIBILITIES AND LIMITATIONS ESTABLISHED BY THE CITY CHARTER. Councilmember Sherwood seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO AND SHERWOOD NAYS:COUNCILMEMBERS CRENSHAW AND HILLIARD MOTION PASSED RESOLUTION 25-339 11.Council to consider the censure of Councilmember Joseph Hilliard. At the request of Councilmember Sherwood, with a second from Councilmember Durio, a Public Hearing was held to determine if statements made by Councilmember Williams on social media violated the City Charter. Councilmember Durio moved to APPROVE A RESOLUTION APPROVE A RESOLUTION THAT THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, HEREBY CENSURES COUNCILMEMBER JOSEPH HILLIARD FOR SHARING A FACEBOOK POST OF ANOTHER COUNCILMEMBER CALLING FOR THE RESIGNATION AND TERMINATION OF EMPLOYEES UNDER THE CITY MANAGER’S AUTHORITY, AND FOR ACTIONS INCONSISTENT WITH THE RESPONSIBILITIES AND LIMITATIONS ESTABLISHED BY THE CITY CHARTER. Councilmember Sherwood seconded the motion. Councilmember Crenshaw made a motion to amend the motion to table the item until January 6, 2026. AYES:COUNCILMEMBERS HILLIARD, WILLIAMS AND CRENSHAW NAYS:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO AND SHERWOOD The motion failed. The original motion was taken up. Councilmember Durio moved to APPROVE A RESOLUTION APPROVE A RESOLUTION THAT THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, HEREBY CENSURES COUNCILMEMBER JOSEPH HILLIARD FOR SHARING A FACEBOOK POST OF ANOTHER COUNCILMEMBER CALLING FOR THE RESIGNATION AND TERMINATION OF EMPLOYEES UNDER THE CITY MANAGER’S AUTHORITY, AND FOR ACTIONS INCONSISTENT WITH THE RESPONSIBILITIES AND LIMITATIONS ESTABLISHED BY THE CITY CHARTER. Councilmember Sherwood seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO AND SHERWOOD NAYS:COUNCILMEMBERS HILLIARD, WILLIAMS, AND CRENSHAW MOTION PASSED Minutes – December 16, 2025 RESOLUTION 25-040 COUNCILMEMBER COMMENTS (Councilmember comments can be heard or seen on the City of Beaumont’s website at beaumonttexas.gov) EXECUTIVE SESSION Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit: 640 2nd Street Open Session of the meeting adjourned at 5:10 p.m. Roy West, Mayor Tina Broussard, City Clerk Minutes – December 16, 2025 B TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:January 6, 2026 REQUESTED ACTION:Council to approve the appointment of a Vice Chair for the Parks & Recreation Advisory Committee. BACKGROUND Mayor West appoints Jeanette Rideau as Vice Chair of the Parks & Recreation Advisory Committee. FUNDING SOURCE Not applicable. RECOMMENDATION None. ATTACHMENTS C TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:January 6, 2026 REQUESTED ACTION:Council consider a resolution to sponsor a grant application to the Texas Historical Commission Certified Local Government Grant Program to develop SPARE Beaumont in an amount not to exceed $20,000. BACKGROUND The Beaumont Heritage Society (BHS) intends to apply for up to $20,000 through the Texas Historical Commission’s Certified Local Government (CLG) Grant Program. If awarded, the funds would be used to develop SPARE Beaumont (Survey and Preservation Analysis of Resources and Environment). Beaumont’s last full SPARE survey was completed in 1977, with updates in 1989, 1991, and 2018. This multi-phase survey identifies and documents historic buildings and neighborhoods throughout the city. The City of Beaumont is a CLG, as such we may sponsor a third-party organization and delegate administration of a grant project to that organization. Thus, BHS must receive approval by the CLG to proceed with their application. The deadline to apply is January 9, 2026. The grant requires a local match equal to 50% of the total project cost. The total project cost is $40,000. BHS stated they will seek outside funding sources to meet the required match of $20,000. BHS may request additional support from the City if they cannot raise enough funds. The City will not commit to or guarantee any funding for this project unless it is approved as part of the FY 2027 budget. FUNDING SOURCE Grant, Beaumont Heritage Society (BHS) and possibly General Fund RECOMMENDATION Approve the resolution. ATTACHMENTS CLG Grant Program Application. This grant manual has been financed in part with Federal funds from the National Park Service, U.S. Department of the Interior and administered by the Texas Historical Commission. However, the contents and opinions do not necessarily reflect the views or policies of the Department of the Interior. This program receives federal financial assistance for identification and protection of historic properties. Under Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975, as amended, the Department of the Interior prohibits discrimination on the basis of race, color, national origin, or disability or age in its federally assisted programs. If you believe you have been discriminated against in any program, activity, or facility as described above or you desire further information, please write to: Office for Equal Opportunity National Park Service 1849 C Street, N.W. Washington, D.C. 20240 Page 2 CERTIFIED LOCAL GOVERNMENT SUBGRANTFY2026 CONTENTS GRANT MANUAL .................................................................................................................................................................. 4 Introduction ................................................................................................................................................................................. 4 Program Rules, Regulations, and Grant Program Policy ....................................................................................................... 4 Program Rules and Regulations ................................................................................................................................... 4 Who May Apply ............................................................................................................................................................. 5 Eligible Projects.............................................................................................................................................................. 5 Special Consideration for Underrepresented Communities .................................................................................... 6 Professional Qualifications Standards......................................................................................................................... 6 Section 106 Review ....................................................................................................................................................... 6 Matching Funds Requirement ..................................................................................................................................... 6 Application Review Process ...................................................................................................................................................... 7 Grant Timeline ............................................................................................................................................................................. 7 Certified Local Government Subgrant Fiscal Year 2026 CLG Grant Application ................................................. 9 Grant Application Narrative .................................................................................................................................................... 11 Acknowledgements ................................................................................................................................................................... 14 Applicant Certification .............................................................................................................................................................. 14 Grant Budget Worksheet ......................................................................................................................................................... 15 Page 3 CERTIFIED LOCAL GOVERNMENT SUBGRANTFY2026 INTRODUCTION Certified Local Government (CLG) grants provide funding to participating city and county governments to develop and sustain an effective local preservation program critical to preserving local historic resources. The Texas Historical Commission (THC), the state agency for historic preservation, administers the Texas CLG grant program utilizing federal funding it receives from the U.S. Department of Interior, National Park Service (NPS) Historic Preservation Fund Program. Under this program the NPS requires that at least ten percent (10%) of Texas annual federal allocation be subgranted exclusively to participating Certified Local Governments (CLGs). The program serves as a resource for participating county and city governments to offset the costs of self-sustaining preservation and planning-related projects. There are currently 83 CLGs in Texas. Contingent on resolution of the federal budget, we anticipate approximately $190,000 to $200,000 will be available for this round of grants. PROGRAM RULES, REGULATIONS, AND GRANT PROGRAM POLICY PROGRAM RULES AND REGULATIONS Administration Grants will be administered in accordance with the National Park Service Historic Preservation Fund Grants Manual, June 2007; Texas Administrative Code Title 13, Part 2, Chapter 15.6, Rules and Procedures for Certified Local Governments; and this manual. Grant Period The grant period is October 1, 2025, to September 30, 2028. Project preparation, including drafting any applicable RFPs, may begin before your grant request is awarded and a grant contract signed; however, costs incurred prior to the execution of a signed contract with the THC are not eligible for reimbursement. Despite the official grant period beginning October 1, 2025, grants will be awarded in 2026 following funding notification from the National Park Service. Application Package The grant application form is included in this manual. A complete application submittal package consists of the following documents: Application Form (signed and dated) Grant Budget Worksheet (template is attached to the application form) Resume of Project Manager (this should be the city or county staff who will administer the project, or a representative of the third-party organization for third- party grants) and all outside consultants, contractors, and/or individuals responsible for project oversight. If the applicant plans to hire a consultant or subcontractor to complete the grant-funded work, their resumes may be submitted to the THC following award of the grant and 1 the consultant selection process. Any applicable cost estimates, maps, drawings, or photographs A Determination of Eligibility statement from the THC is o for National Register Nomination projects 1 CLG grant projects must be supervised, overseen, or performed by a person meeting the relevant Professional Qualification Standards. Page 4 CERTIFIED LOCAL GOVERNMENT SUBGRANTFY2026 o for Construction/Development projects if the resource is not already listed in the National Register of Historic Places o for Survey/Inventory projects Applicants should visit https://thc.texas.gov/preserve/designate-historic- properties/national-register-historic-places/request-determination to submit a Determination of Eligibility request. Application Submittal A complete CLG grant application and all attachments are due by 5 p.m. Central Standard Time on Friday, January 9, 2026. The grant application must be submitted in electronic format. To submit a grant application, send one email that includes all required documentation with the subject line CLG Grant Application to clg@thc.texas.gov. Do not send the application to any other THC email address; it will not be considered. The email may include a link to a file-sharing service for large files. If you need assistance with large files, you may contact CLG program staff at clg@thc.texas.gov to request a OneDrive folder. In that case, you will receive an email once the folder is created and will be able to upload the grant application and supporting documents to the OneDrive folder. A confirmation email will be sent upon receipt of the application. If you do not receive a confirmation email within one business day of submission, please contact CLG program staff at clg@thc.texas.gov or (512) 463-7812. WHO MAY APPLY Only city or county governments and state recognized Native American Tribes that have been individually certified by the National Park Service before January 1, 2026, are eligible to apply for CLG grants. The THC reserves the right to disqualify applications from CLG communities that are not in compliance with the CLG Certification Agreement. In an attempt to distribute CLG grant funds to as many CLGs as possible, preference will be given to applicants that have not received or directly benefited from CLG grant funds in the past five years. A CLG may submit more than one grant application; however, a separate application package must be submitted for each project request. The following may also be eligible: An organization that has been delegated as a third-party to administer the grant on behalf of a CLG and has the administrative capabilities to comply with applicable federal standards. This may include a non-CLG city within a CLG county, another unit of local government within a CLG, a commercial firm, a non-profit entity, or an educational institution. The contributed services of the third party to the CLG may be counted toward the matching share requirements of the grant. The third party may apply for the CLG grant directly, in which case, the Historic Preservation Officer or CLG Representative and its Chief Elected Official must sign the application. ELIGIBLE PROJECTS Activities eligible for CLG grant funding must be tied to the statewide comprehensive preservation planning process. A copy of the THCs Statewide Preservation Plan can be found at http://www.thc.texas.gov/preserve/projects-and-programs/texas-statewide-preservation-plan. Page 5 CERTIFIED LOCAL GOVERNMENT SUBGRANTFY2026 To encourage local governments to develop and sustain an effective local preservation program critical to preserving local historic resources, priority for funding shall be given to those projects that directly relate to the following work categories: Architectural, historical, archeological surveys/inventories Preparation of nominations to the National Register of Historic Places Preparation of a local preservation plan Writing or amending a preservation ordinance Development of local design guidelines Research and development of a local preservation incentive program The above list should not dissuade an applicant from applying for assistance towards other eligible projects such as: Development of educational publications and activities such as videos, websites, etc. Development or publication of walking/driving tours Development of architectural drawings and specifications Preparation of façade studies or condition assessments Rehabilitation or restoration of properties individually listed in the National Register of Historic Places or contributing to a National Register historic district Training expenses for individual commission members and staff SPECIAL CONSIDERATION FOR UNDERREPRESENTED COMMUNITIES The CLG program is committed to enhancing undertold stories and engaging and including a wider range of projects from or related to communities, sites, and histories currently underrepresented in historic preservation at the local, regional, or state level. Projects can include but are not limited to oral history projects, National Register nominations, historic resources surveys, trainings, and projects with an emphasis on cultural heritage or broader themes. Projects will be considered as part of the regular CLG grant cycle. PROFESSIONAL QUALIFICATIONS STANDARDS To ensure that appropriate historical, architectural, archeological, and cultural properties are identified for public benefit through grant-in-aid assistance, persons supervising grant projects must be professionally qualified in accordance with 36 CFR 61. The Professional Qualification Standards can be found at https://www.nps.gov/articles/sec-standards-prof-quals.htm SECTION 106 REVIEW CLG grants are funded with federal monies and construction/development projects will require formal Section 106 review by THC. This review will take place following the grant awards. Failure to obtain a review will result in forfeiture of the grant. The CLG state coordinator will provide additional guidance once grants are awarded. Additional information regarding Section 106 review is available from THC and the Advisory Council on Historic Preservation. MATCHING FUNDS REQUIREMENT CLG grant projects are required to provide a local match for grant monies budgeted on a one-to-one (i.e., dollar for dollar) match equal to a 50:50 ratio for the total project cost. The local match may be any combination of cash and verifiable in-kind services projects may utilize all or partial match of verifiable in-kind services and/or goods as long as the local match equals a 50:50 ratio for the total project cost. For example, if a project costs $40,000 and a Page 6 CERTIFIED LOCAL GOVERNMENT SUBGRANTFY2026 CLG applies for a $20,000 grant, the CLG may match with $15,000 in cash and $5,000 in staff services. CLGgrantsarereimbursement based. The grant recipientwill need to spend the grant award amount plus their local match upfront and then be reimbursed for the grant amount as project milestones are achieved or upon project completion. In order to maximize the limited CLG grant funds, the THC may give preference to applications demonstrating a higher cash match. The THC reserves the right to waive the local match requirements, in full or part, at its sole discretion. The THC also reserves the right to fund grant requests in part or in full. Only non-federal monies may be used as a match, with the exception of Community Development Block Grants. All projects shall comply with federal requirements for state and local financial responsibility as stipulated in 2 CFR 200 as well as the Texas Administrative Code Title 13, Part 2, Chapter 15.6, Rules and Procedures for Certified Local Governments. In extending this grant opportunity to your project, THC assumes the responsibility for ensuring that public money will be spent appropriately and with the maximum effectiveness. The THC is held accountable by the NPS for compliance with all applicable federal laws and regulations. APPLICATION REVIEW PROCESS Upon the receipt of applications and supporting materials, an interdisciplinary committee of agency staff will score each application based on the criteria specified on the application form. The scoring committee will make a funding recommendation to the Texas Historical Commission at the April quarterly meeting to fund the maximum number of projects based on the federal funding THC receives from the NPS Historic Preservation Fund Program. All applicants will be notified of the THCs decision. If two or more applicants scores are tied, the THC will select the applicant that has not received or directly benefitted from CLG grant funds in the past five years. If the scores are still tied, the THC will give preference to a project it can fully fund rather than partially fund. GRANT TIMELINE October 2025 Applications for the FY2026 CLG grant period are made available. January 9, 2026 Deadline to submit a signed and complete application package, including all supporting materials, to the THC no later than 5 p.m. CST on Friday, January 9, 2026. February 2026 Review of applications by an interdisciplinary committee of THC staff. April 2026 Final award decisions made by the Texas Historical Commission at its Quarterly Meeting. All applicants are contacted by email regarding the THCs decision. May July 2026 THC sends preliminary notification to grant recipients that will include a request for a revised/amended project scope of work and budget. Once the scope of work and budget are agreed upon by the grantee and THC, the grant contract will be sent to the grantee for signatures. The contract should be signed by all parties before the commencement of project work. Failure to submit any or all of the documentation by the required deadlines may cause the requested grant monies to revert back to the THC. Page 7 CERTIFIED LOCAL GOVERNMENT SUBGRANTFY2026 The project manager, fiscal manager, and anyone else who will be significantly involved with the grant-funded project shall participate in a CLG Grant Orientation coordinated by the THC. The purpose of the orientation is to review project-specific requirements, expectations for project deliverables, important deadlines and milestones, and reimbursement procedures. The orientation requirement may be waived at the sole discretion of the THC. The recordation of a Preservation Easement will be required for all construction and certain other projects prior to the commencement of any work. Duration of the Preservation Easement will be based on award amount, see table below. Award Amount: Duration of Easement: $10,000 or less 5-year minimum preservation agreement. A covenant amending the deed is not required. $10,001 $25,000 10 years $50,001 $100,000 15 years Greater than $100,001 20 years If the grantee is not doing the actual work, it must execute a contract with a subcontractor. All subcontracted services and products must be procured according to Federal procurement standards set forth in Chapter 17 of the Historic Preservation Fund (HPF) Grants Manual and 2 CFR Part 200.317- 200.326. THC will review and approve all RFPs and contracts between the grantee and subcontractor. Work conducted and costs incurred prior to the execution of the contract will not be eligible for reimbursement. July 2026 Sept 2028 THC staff routinely review projects to monitor progress and provide assistance. Each grantee is required to provide the THC with status reports on each project funded, as requested. The grantee shall submit drafts of project deliverables, as available. September 30, 2028 Deadline for the completion of all work eligible for reimbursement. Any work done after September 30, 2028, will not be eligible for reimbursement. October 31, 2028 All final reimbursement requests are due. Eligible project expenditures incurred on a one-to-one (dollar for dollar) basis up to a 50:50 ratio of the total project cost shall be reimbursed to the CLG. December 31, 2028 All final work products are due. All deliverables must be reviewed and approved by the THC before the project is considered complete. Page 8 CERTIFIED LOCAL GOVERNMENT SUBGRANTFY2026 CERTIFIED LOCAL GOVERNMENT SUBGRANT FISCAL YEAR 2026 GRANT APPLICATION Completed grant applications must be received by email in the THC offices no later than 5 p.m. CST on Friday, January 9, 2026. Late applications cannot be considered. Please fill the application out completely and use only the space provided below. Handwritten applications will not be accepted. APPLICANT AND PROJECT INFORMATION Project Title SPARE Beaumont Survey Plan Applicant Beaumont Heritage Society Applicant Type CLG Third-Party Applicant FUNDING REQUEST Grant Funds Requested $20,000 Matching Funds $20,000 Total Project Cost: $40,000 2th Primary Congressional District Affected by Project 14 Congressional District of Texas REQUESTED PROJECT TYPE (check one that applies): Archeological Project Research & Development Preservation Planning Project Education & Outreach 3 National Register Nomination(s) Design Guidelines 4 Survey/Inventory Project Construction/Development Project Preservation Plan or Component of Comprehensive Plan Preservation Training CERTIFIED LOCAL GOVERNMENT INFORMATION CLG Name City of Beaumont Chief Elected Official Roy West Title Mayor Full Address 801 Main St. Beaumont, TX 77701 Telephone Number 409-880-3770 Email Address Roy.west@beaumonttexas.gov 2 Reference https://ziplook.house.gov/, then enter the applicable number Congressional district code number. Enter 90 for multiple congressional districts involved or statewide. Enter 99 if no representative. 3 Applications submitted without THC Determination of Eligibility will not be reviewed. 4 Property must be listed or deemed eligible for listing in the National Register of Historic Places. 9 CERTIFIED LOCAL GOVERNMENT SUBGRANTFY2026 HISTORIC PRESERVATION OFFICER OR CLG REPRESENTATIVE Name Christopher Boone Title Assistant City Manager, Community Services Full Address 801 Main St. Beaumont, TX 77701 Telephone Number 409-880-3788 Email Address Chris.boone@beaumonttexas.gov Third-Party Entity Complete this section only if the applicant is a third-party entity delegated to administer the grant on behalf. Applicant Organization Name Beaumont Heritage Society Primary Contact Name Shelby Brannan Title Executive Director of Beaumont Heritage Society Full Address 3025 French Rd. Beaumont, TX 77706 Telephone Number 409-832-4010 Email Address info@beaumontheritage.org Project Manager The project manager will be the liaison between the grantee and THC, ensuring grant requirements are met and making decisions concerning project work. If a consultant will be hired to undertake the project, the grantee must still appoint a project manager from their organization to whom the consultant will report. Note: the HPO is frequently the project manager. Name Shelby Brannan Title Executive Director Full Address 2240 Calder Ave. Beaumont, TX 77701 Telephone Number 409-790-6263 Email Address director@beaumontheritage.org Fiscal Manager The fiscal manager will handle financial documentation and reimbursement requests for the project. Project manager and financial manager may be the same. Name Shelby Brannan Title Executive Director Full Address 2240 Calder Ave. Beaumont, TX 77701 Telephone Number 409-790-6263 Email Address director@beaumontheritage.org Page 10 CERTIFIED LOCAL GOVERNMENT SUBGRANTFY2026 Fiscal Year 2026 Grant Application Narrative Applications will be scored on each question equaling the sum of available points in the following categories: CLG Performance and Administration, Project Scope, and Statewide Comprehensive Planning Process. SECTION I. CLG PERFORMANCE AND ADMINISTRATION (15 points possible) Applications requirements. See the CLG Handbook at https://www.thc.texas.gov/public/upload/CLG%20Handbook.pdf for city and county CLG requirements. 1. Did the CLG submit a complete FY23 and FY24 Annual Report on or before the deadline? Only CLGs that have completed an Annual Report for the past two fiscal years are eligible for grant funds. Yes No 2. Does the CLG routinely submit to the THC, or make available online, preservation commission or CLG committee meeting minutes? Yes No 3. Has the HPO or CLG Representative attended at least one preservation-related training in the past year? If yes, please list the training(s) below. Yes No Description and date of training(s): 4. Has at least one member of the preservation commission or CLG committee attended at least one preservation-related training in the past year? If yes, please list the training(s) below. Yes No Description and date of training(s): 5. Has the CLG returned CLG grant funds in the past five years? Yes, I understand that up to five points will be deducted No SECTION II. PROJECT SCOPE (74 points possible) 1. Project Summary: Provide a summary of the proposed project. The Survey and Preservation Analysis of Resources and Environment (SPARE Beaumont) Survey, first completed in 1977 with updates in 1989, 1991, and 2018, is once again in need of an update to add to and improve the inventory of historic resources in Beaumont, Texas. We are seeking a grant in the amount of $20,000 to complete the first phase of this update- a survey plan from Hardy, Heck, and Moore (HHM & Associates). The required one-to-one matching funds will be acquired from various local funding sources. The original boundaries of the 1977 survey have not been revisited in their entirety and will be a priority of this SPARE Beaumont update. A survey plan is necessary to identify priority boundaries and break the survey into phases to ensure we build as complete an inventory as possible for the future of Beaumont (see attached proposal). Page 11 CERTIFIED LOCAL GOVERNMENT SUBGRANTFY2026 2.Project Need (15 points): How did the CLG identify the need for this project? Has the need been documented? If so, how? The City of Beaumont is currently undergoing updates to their Comprehensive Plan. It is vital to the preservation of historic resources and public planning that the phased collection of survey data be integrated into the Comprehensive Plan. Beaumont Heritage Society identified the need for this project boundaries have not been revisited in entirety since 1977. That, coupled with rampant destruction of historic resources and potential historic resources, prompted Beaumont Heritage Society to begin the process of planning a new survey. How was the project initiated? (City Council, the public, preservation commission, etc.) This project was initiated by the Beaumont Heritage Society after recognizing the need to update previous historic resource inventories among destruction of existing resources alongside the updates to the City of Comprehensive Plan. preservation need? This survey plan will address the specific preservation need of updating our current inventory of historic resources, which are rapidly declining in the city due to natural disasters, neglect, and other challenges. This Survey Plan will make it possible to phase a near full city survey into actionable timelines for completion. 3. Project Objectives (15 points): Define the objectives for the proposed project. Objective 1: Define areas of the city most in need of updated inventories. Objective 2: Engage stakeholders in the process of planning to involve broad community viewpoints. Objective 3: Create a preservation program. Identify the steps the applicant and/or the consultant must take to accomplish the project objective. Task 1: Project Initiation revise the scope of work upon reviewing the available data and discussing the project with Beaumont Heritage Society and the City of Beaumont Task 2: Analysis and Evaluation gather information to analyze and evaluate the current understanding of the state of historic resources in Beaumont Task 3: Draft Survey Plan complete the first draft of the survey plan reflecting the needs and priorities of the community Task 4: Final Survey Plan revise draft plan based on stakeholder comments and complete the final Survey Plan What is the estimated timeframe to accomplish each of these steps? Task 1: 31 days Task 2: 168 Days Task 3: 193 days Task 4 plus Review Period: 31 days Who will be leading the project? What qualifies this person to lead such a project? (Resumes of the individuals must be provided. If the applicant plans to hire a consultant or subcontractor to complete the grant-funded work, resumes may be submitted following the selection process.) Beaumont Heritage Society Executive Director, Shelby Brannan, will act as the Project Manager and Fiscal Manager. She has been the Executive Director of Beaumont Heritage Society for four years and holds an MA in Strategic Communication and Innovation from Texas Tech University and will soon complete an MBA from Lamar University. The Survey Plan will be led and completed by HHM & Associates. Page 12 CERTIFIED LOCAL GOVERNMENT SUBGRANTFY2026 4. Significance and Impact (16 points): Does the project involve a threatened or potentially threatened resource? Currently, the project does not involve any threatened or potentially threatened resources. The completion of this Survey Plan will lead to the identification of threatened and potentially threatened resources. Will the project result in a National Register nomination or Survey/Inventory? This phase of the project will not include a National Register Nomination or survey but will effectively plan for a survey in subsequent years. Does the project directly address a deficiency in the local preservation program? Yes. Neither Beaumont Heritage Society nor the City of Beaumont have an up-to-date survey of the entire City. This Survey Plan will map out the necessary steps to completing a survey for the entire City of Beaumont, which can then be incorporated into planning and preservation efforts. How will the project reach and inform broad sectors of the public? The Survey Plan itself and actions to implement the plan will be made available to the public. 5. Public Involvement and Benefit (13 points): Will the public be involved in the proposed project? How? Relevant stakeholders will be involved to identify the communities and neighborhood historic resources most in danger. Those resources will then be prioritized into phases in the Survey Plan, according to the timeline and budgetary preferences of the City of Beaumont and Beaumont Heritage Society, and the recommendations of HHM & Associates. Does the project address or benefit an underrepresented group within the community? The Survey Plan will include traditionally underrepresented neighborhoods. How will this project enhance public and private support for local preservation? This project will introduce historic resource surveys and their purpose to the community at large. The implementation of this survey plan will demonstrate how vital historic resource data is to public planning and community development. Will this project result in educational publications or activities? The Survey Plan will not result in educational publications or activities. However, completion of the surveys as planned will result in educational endeavors. 6. Budget and Cost Effectiveness (15 points): How necessary are CLG funds in order to accomplish the proposed project? CLG funds must be acquired to continue with the proposed Survey Plan. The budget was developed based on the attached bid from HHM & Associates. The matching funds will be sought from a mix of local private charitable foundations, public foundations, and individual donors. Is the proposed project the most cost-effective way of addressing those needs? Yes. SECTION III. STATEWIDE COMPREHENSIVE PRESERVATION PLANNING PROCESS (11 points possible) Page 13 CERTIFIED LOCAL GOVERNMENT SUBGRANTFY2026 CLG-funded projects should meet at least one of the Please select the Statewide Preservation Plan Goals addressed by your project and explain how they are addressed. It is not necessary for your project to address all the goals listed in the Statewide Preservation Plan. Engage and inform stakeholders and decision-makers through effective dialogue, education, outreach efforts, and new partnerships that promote historic preservation in Texas communities. Promote the identification and designation of both tangible and intangible historic and cultural diverse heritage. Promote historic preservation as a flexible tool that is well integrated and supported with local planning and development practices with an aim to strengthening and sustaining communities as resilient places. resources. Enhance the capacities of preservation partners and organizations to advance preservation practice and promote the next generation of preservation leaders in Texas. diverse communities. Summarize how your project addresses the goal(s) selected above: The Survey P will educate local decision makers on the necessity of historic preservation and the planning required for it to be successful. The Survey Plan will pave the way for the identification of new historic resources and the condition reporting of existing historic resource as the actual surveys are completed. The Survey Plan will promote historic preservation as a flexible tool that is integrated with planning and development by phasing the Lastly, the Plan will resources is knowing what they are. ATTACHMENTS: Please include all applicable attachments to the grant application. Resumes from the Project Manager and outside consultants are required for all projects; however, if the applicant plans to hire a consultant or subcontractor after the grant award, resumes may be submitted following the selection process. Below is a list of possible attachments for each project type: Survey and Inventory: Survey area boundary map, street view images, Determination of Eligibility statement from the THC (recommended but not required) National Register Nominations: Physical address, boundary or location map, Determination of Eligibility statement from the THC (required), photograph(s) Design Guidelines: Current design guidelines, outline of sections or chapters of proposed guidelines Education and Outreach: Outline of script, draft agenda clearly defining the subject of the training Other: Please contact CLG Program staff to discuss recommended attachments for projects not listed. Page 14 CERTIFIED LOCAL GOVERNMENT SUBGRANTFY2026 ACKNOWLEDGEMENTS By checking below, the applicant acknowledges: One copy of this application must be received via email by the Texas Historical Commission no later than 5 p.m. CST on Friday, January 9, 2026, in order to be considered. Consideration for funding is based on the demonstrated need, a compelling explanation of how the expanded Commencement of grant-funded work may not begin prior to receipt of a signed grant contract between the THC and the grantee and requires participation in a grant orientation meeting. Verified by the signature below, the chief elected official of the CLG is aware of this application and supports the proposed project. For requests involving construction projects, the property owner will be required to file a preservation easement for the property that will run with the land for a specific period of time based upon the amount of the final grant award. The applicant hereby acknowledges that the information provided on this application is accurate to the best of their knowledge. SIGNATURE: ___________________________ TITLE: ______________________ DATE: ______________ CHIEF ELECTED OFFICIAL CERTIFICATION: The application must be signed by the chief elected official of the CLG (the mayor of a city or the county judge) or chief administrative official (e.g. city manager). SIGNATURE: ___________________________ TITLE: ______________________ DATE: ______________ This is only required if Applicant is a third-party designee. SIGNATURE: ___________________________ TITLE: ______________________ DATE: ______________ Page 15 CERTIFIED LOCAL GOVERNMENT SUBGRANTFY2026 CERTIFIED LOCAL GOVERNMENT SUBGRANT FY 2026 Grant Budget Worksheet BUDGET GRANT LOCAL LOCAL TOTAL ITEM FUNDS CASH IN-KIND COSTS Survey Plan $20,000 $20,000 $40,000 TOTALS Please complete the budget form and provide any supplemental information necessary to confirm or support the issues described above. Proposed projects can use a local cash match for grant monies budgeted on a one-to-one (dollar for dollar) match equal to a 50:50 ratio for the total cost of the project. Proposed projects utilizing all or partial match of verifiable in- kind services and/or goods may also qualify as long as the local match equals a 50:50 ratio for the total cost of the project. The Texas Historical Commission reserves the right to fund grant requests in part or in full based on the review criteria outlined in the application form, and the amount of federal funding available. Final decisions will also take into consideration the annual performance of each CLG applying for assistance. Only non-federal monies may be used as a match, with the exception of Community Development Block Grants (CDBG). Page 16 CERTIFIED LOCAL GOVERNMENT SUBGRANTFY2026 D TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Earl White, Fire Chief MEETING DATE:January 6, 2026 REQUESTED ACTION:Council consider a resolution approving a lease agreement for eight (8) LP35 for use in Fire and EMS operations. BACKGROUND The City is seeking a four (4) year lease agreement with Stryker Medical of Portage, MI., for eight (8) LP35 monitors utilized by the City’s Fire and EMS operations. The four-year agreement is for a total cost of $539,349.88. This is four (4) annual payments of $134,837.47. Stryker Medical is the manufacturer of the equipment and is a sole source provider for maintenance. FUNDING SOURCE Capital Funds RECOMMENDATION Approval of the resolution. 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dpogpsn!uifsfup-!cvu!uif!sfnbjojoh!qspwjtjpot!ifsfpg!tibmm!sfnbjo!fogpsdfbcmf!bt!xsjuufo/ € € Dvtupnfs!tjhobuvsfBddfqufe!cz!Gmfy!Gjobodjbm-!b!ejwjtjpo!pg!Tuszlfs!Tbmft-!MMD €€ Tjhobuvsf;Ebuf;Tjhobuvsf;Ebuf; €€€€ €\]e2\]€\]e7\] \]t2\]€\]t7\]€ €€€€ Qsjou!obnf;Qsjou!obnf; €€ \]o2\]\]o7\] €€ Ujumf;Ujumf; €€ \]u2\]\]u7\] €€ €€ ADDENDUM TO SHORT FORM LEASE AGREEMENT NO. 11510249008 BETWEEN FLEX FINANCIAL, A DIVISION OF STRYKER SALES, LLC AND THE CITY OF BEAUMONT This Addendum is hereby made a part of the agreement described above (the "Agreement"). In the event of a conflict between the provisions of this Addendum and the provisions of the Agreement, the provisions of this Addendum shall control. The parties hereby agree as follows: 1. The third sentence of Section 9 of the Agreement is hereby amended in its entirety to read as follows:: "This Agreement shall be governed and construed in accordance with the laws of . Customer signature Accepted by Flex Financial, a division of Stryker Sales, LLC Signature: Date: Signature: Date: Print name: Print name: Title: Title: E TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Earl White, Fire Chief MEETING DATE:January 6, 2026 REQUESTED ACTION:Council considers a resolution approving a service agreement for Pro-Care Equipment for Fire and EMS operations. BACKGROUND The City is requesting approval of a ProCare Service Agreement with Stryker Medical, of Chicago, Illinois, to provide onsite technical service, repair, inspection and preventative maintenance for equipment utilized by the City's Fire and EMS operations. The annual cost of the service agreement is $88,372.59. Stryker Medical is the manufacturer of the equipment and is a sole source provider for maintenance. 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Service on the LIFEPAK 15 with Part Number beginning with v15-5 or v15-7 is unaffected. Stryker will continue to offer service support for this subset of the LIFEPAK 15 as follows: o If a component has failed on your device, your local Sales Representative should be contacted for support o Stryker will continue to offer contractual service on a yearly basis only o Preventive maintenance will continue to be done on devices less than eight (8) years old. After this point, we will cease to conduct preventative maintenance and shift to device inspections o If a component fails on your device, please contact your local Sales Representative for support. A pro-rated credit for any pre- paid service will be provided should a unit become non-serviceable due to part availability It is important to note that the LIFEPAK 15 has an expected life of eight (8) years from the date of manufacture. If you are uncertain of the manufacture date of your products, please contact your local Sales Representative for a full fleet assessment. We want to ensure the highest quality products and services for our customers. As such, it is important to know that Stryker is the only FDA- approved service provider for our products. We do not contract with third party service providers, nor will we be providing them with any additional parts for these repairs. As such, we cannot guarantee the safety and efficacy of any device that is repaired by a third-party service agency. F TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:January 6, 2026 REQUESTED ACTION:Council consider approving a Resolution to amend an existing grant agreement with Legacy Community Development Corporation for the administration of the HOME-ARP Tenant Based Rental Assistance (TBRA). BACKGROUND On December 2, 2025, City Council approved Resolution No. 25-316, which extended the grant agreement with Legacy CDC for the administration of the Tenant-Based Rental Assistance (TBRA) program through October 31, 2026. However, the agenda memo did not include a detailed breakdown of the TBRA activity and its eligible costs. This breakdown is necessary because it outlines allowable expenses, including project delivery costs, starting from the original award of the TBRA project to Legacy CDC on December 19, 2023, under Resolution No. 23-387. As a result, an amendment to the grant agreement is required. The TBRA activity details are provided in Exhibits A and A-1 of the attached grant agreement. The TBRA activity under the HOME-ARP plan includes rental assistance, security deposit assistance, and utility deposit assistance for eligible households. It also includes project delivery costs for Legacy CDC, all in accordance with 24 CFR 92.209. In addition, language referencing Exhibits B and C was removed from the agreement because those exhibits do not exist. Finally, language was added to clearly establish timelines for submitting reimbursement requests for eligible costs. The agreement now states that all reimbursement requests must be submitted to the authorized representative no later than 90 days from the date the expense was paid. Any reimbursement request submitted after this 90-day period will be considered ineligible for reimbursement. FUNDING SOURCE U.S. Department of Housing and Urban Development, HOME Investment Partnership Funds HOME ARP 2021. RECOMMENDATION Approve the Resolution. ATTACHMENTS Amended TBRA Grant Agreement CITY OF BEAUMONT HOME INVESTMENT PARTNERSHIP GRANT PROGRAM FOR HOME-ARP CONTRACT FOR A NON-PROFIT SUBRECIPIENT STATE OF TEXAS COUNTY OF JEFFERSON CITY OF BEAUMONT SECTION 1. PARTIES TO THE CONTRACT This contract and agreement are made and entered into by and between the City of Beaumont, Resolution of the City Council of the City of Beaumont and Tender Loving Care Center for Children dba Legacy Community Development Corporation, Jefferson County, Texas (hereinafter called its President/CEO, duly authorized by its Board of Directors. The parties hereto agree, by the execution hereof, that they are bound to the mutual obligations and to the performance and accomplishment of the tasks described herein. WITNESSETH THAT: WHEREAS, the American Rescue Plan went into effect on March 11, 2021, and included funding for the HOME Investment Partnership Grant; and, WHEREAS, the City of Beaumont made an application for HOME Investment Partnership Grant American Rescue Plan (HOME-ARP) Entitlement funds from the U.S. Department of Housing and Urban Development, herein referred to as , under Title I of the Housing and Community Development Act of 1974, as amended, Public Law 93-383; and, WHEREAS, the City of Beaumont has been awarded ONE MILLION EIGHT HUNDRED SIXTY-FIVEEIGHT THOUSAND THREETWO HUNDRED NINTY FOURFIFTEEN AND 00/100 Dollars ($1,865,394 $1,868,215) in HOME-ARP entitlement funds; and, 1 WHEREAS, the City of Beaumont is undertaking certain activities to develop a viable community by providing decent housing, a suitable living environment, and expanding economic opportunities principally for HOME-ARP Qualifying Populations, as described in the HOME-ARP Program applications; and, WHEREAS, The Subrecipient has requested funds from the City for the benefit of HOME-ARP Qualifying Populations; and, WHEREAS, the City and Subrecipient desire to enter into an Agreement in accordance with 24 Code of Federal Regulations (CFR) Part 92 and the HOME-ARP Notice, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards to provide the Subrecipient a sub-award from HOME-ARP funds to carry out Project activities in compliance with the HOME-ARP program application; and, WHEREAS, -ARP funds is contingent upon execution of funding approval Agreement by the City and HUD, and, WHEREAS, the funding and other City administration of this agreement shall be through the City of Beaumont Community Development Department; and, WHEREAS, Exhibits A and A-1 B, and C are essential to this Agreement, attached hereto, and incorporated herein by reference. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein, the parties hereto agree as follows: ARTICLE 1 WHEREAS CLAUSES The WHEREAS clauses set forth above are incorporated herein by reference and made a part of the Agreement 2 ARTICLE II DEFINITIONS 1. The City means the City of Beaumont. Community Development Corporation. - Plan. --21-10. 11. refers to the total amount of the budget allocated for this Project as shown in Exhibits A and A-1 12. Business Day(s) shall mean Monday to Friday and do not include public holidays and weekends. ARTICLE III STATEMENT OF WORK 1. Project: Subrecipient shall utilize HOME-ARP Funds to perform the scope of services set forth in Exhibits A and A-1 in full and complete accordance with this agreement. 2. Schedule: The Subrecipient shall perform the Project in accordance with the schedule and deadlines set forth in Exhibits A and A-1. ARTICLE IV BUDGETS In consideration of the provision of services by the Subrecipient, the City is allocating an amount of $200,000 $202,821 Article III above. Additional requirements of the Project shall be as described in Exhibits A and A- 1, attached hereto and incorporated by reference. The Allocated Sum is to be requested by October 31, 2026. 3 The City and the SUBRECIPIENT may agree to revise the budget in accordance with HOME-ARP regulations and existing City policies. Expenditures reimbursed with HOME-ARP funds shall be limited to eligible activities as determined by the City for the Project as described in Article III. ARTICLE V TERMS OF AGREEMENT 1. until October 31, 2026 unless earlier terminated as provided herein in Article XII. 2. Upon written request on letterhead from the Subrecipient, the Term may be extended up to twelve (12) months past the expiration date upon approval from the City Council. The letter must be dated and signed before the expiration of the Agreement by a person with signature authorization. ARTICLE VI FUNDING Funding Delivery: The HOME-ARP funding shall be delivered to the Subrecipient or the Eligible expenditures made during the Term of the Agreement shall be reimbursed pursuant to the terms of the Agreement. Notwithstanding the foregoing, funding may be suspended in the event Quarterly Performance Reports (Exhibit C, attached hereto) are not submitted timely to the City. Reimbursement by the City of the Allocated Sum to the SUBRECIPIENT shall be submitted quarterly using the forms attached as Exhibit C, Request for HOME-ARP Reimbursement, and Quarterly Performance Report. Payment requests must comply with the applicable requirements of 2 CFR 200 and must meet the following criteria: 1. The SUBRECIPIENT shall submit to the City, through the Community Development Block Grant/Housing Division, all documents requested by the City verifying the request for limited to: 4 a. When HOME-ARP reimbursement is sought for salaries or related benefits for employees, individual timesheets must be kept. Benefits may only be claimed for the portion of the salary being requested. Timesheets must identify funding sources for the employee. HOME- ARP and other activities undertaken by the employee must be documented on the timesheet with the date, times and the number of hours worked. Timesheets must be signed by the employee and an individual with signatory authority pursuant to the governing documents of the Subrecipient (I.e., corporate bylaws or resolution), and all applicable cancelled checks (front and back) or a bank statement, if the cancelled checks are not legible, are required. Include the ross wages and benefits being requested for reimbursement for each employee. If health or other benefits are being reimbursed, proof of those items must be included in the invoice. b. When reimbursement is sought for services or materials, a copy of the applicable invoice or receipt for materials or services for each eligible expense is required. Invoices must include a description of the materials or services purchased. A cost is eligible for the HOME-ARP Program only if the cost is necessary to the overall completion of the Project. If there is a disagreement between the Parties regarding whether an item was necessary to the overall completion, the final decision shall be made by the City. Documentation of eligible costs shall include a copy of the front and back of the cancelled check, bank statement, or credit card statement used in payment, reconciled to the applicable expense. c. When direct payment to the vendor is sought for services or materials, a copy of the applicable invoice or sales contract for each eligible expense is required. d. All reimbursement requests must be submitted to the authorized representative deemed in Article VII of this contract no later than ninety (90) days from the date the expense was paid. Any reimbursement request submitted after this 90-day period shall be ineligible for reimbursement. 2. The City shall, in its sole discretion, determine if the Verifying Documents or any portion of them are acceptable and in strict compliance with the purpose and laws stated herein and approve them for payment. If the City determines there are any errors in the Verifying Documents, the City shall notify the Subrecipient. The Subrecipient shall submit corrected Verifying Documents within ten (10) working days of receipt of the notice. Payment shall not be made for any Verifying Documents that contain errors, as determined by the City. 3. Upon determination by the City that Verifying Documents are approved, the City will initiate the payment process. The City reserves the right to delay any payment request for Verifying Documents containing errors until such errors are corrected to the satisfaction of the City. 5 4. If any costs are disallowed up to five (5) years after the expiration of this Agreement or until HUD closes out the Project, whichever occurs later, and the City is forced to reimburse the HOME-ARP Program or HUD, then the Subrecipient shall reimburse the City for the said costs. 5. Within ten (10) days after Project completion the SUBRECIPIENT shall submit the final request for payment for all eligible expenditures not previously invoiced. The City shall not be responsible for payments of any charges, claims, or demands of the Subrecipient not received within the said ten (10) to exceed a period of thirty (30) days, provided the delay in its submission is not caused by any fault or negligence of the Subrecipient. ARTICLE VII NOTICES Unless and to the extent otherwise provided in this Agreement, all notices, demands, requests for approvals, and other communications which are required to be given by either party to the other shall be in writing and shall be deemed given and delivered on the date delivered in person to the authorized representative of the recipient provided below, upon the expiration of five (5) days following the date mailed by Registered or Certified Mail, Postage Prepaid, Return Receipt Requested to the authorized representative of the recipient at the address provided below, or upon the date delivered by overnight courier (signature required) to the authorized representative of the recipient at the address provided below: Jes Prince City of Beaumont Community Development 801 Main Street, Ste 200 Beaumont, Texas 77701 ARTICLE VIII GENERAL COMPLIANCE The Subrecipient agrees to comply with all applicable Federal, State, and local laws and regulations which govern the funds provided under the Agreement. ARTICLE IX 6 PUBLIC RECORDS The Subrecipient agrees to comply with all applicable Federal, State, and local laws and regulations which govern the funds provided under this agreement. ARTICLE X RETENTION AND ACCESSIBILITY OF RECORDS A. The Subrecipient must establish and maintain sufficient records, as determined by the City, to account for the expenditure and use of HOME-ARP funds. B. Subrecipient shall give the City, the Comptroller General of the United States, or any of their duly authorized representatives access to and the right to examine all books, accounts, records, reports files, and other papers, things or property belonging to or in use by Subrecipient pertaining to this contract. Such rights to access shall continue as long as the records are retained by Subrecipient. The Subrecipient agrees to maintain such records in an accessible location. C. All records pertinent to this contract shall be retained by Subrecipient for five (5) years following the date of termination of this contract or submission of the final close -out report, whichever is later, with the following exceptions: 1. If any litigation, claim, or audit is started before the expiration of the five (5) hear period and extends beyond the five (5) year period, the records will be maintained until all litigation, claims, or audit findings involving the records have been resolved. 2. Records relating to real property acquisition or long-term lease shall be retained for a period equal to the useful life of any repairs made with HOME-ARP funds. ARTICLE XI INDEPENDENT CONTRACTOR Nothing contained in the Agreement is intended to or shall be construed in any manner as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an independent contractor with the respect to the services to be performed under this Agreement. The City shall be exempt from payment of all unemployment compensation, FICA, retirement, life and/or medical insurance, and workers compensation insurance. ARTICLE XII 7 AMENDMENTS Except as otherwise provided for herein, this Agreement may not be modified, amended or extended orally. This Agreement may be amended only by a written instrument execute by the governing bodies of both parties. The City and the SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement and are executed in writing and approved by the governing bodies of each party. The City may, at its discretion, amend this Agreement to conform with Federal, State or local governmental guidelines, policies, or available funding amounts or for other reasons. If such amendments result in a change in the funding, the scope of services, or the schedule of activities to be undertaken as part of the Agreement, such modifications will be incorporated only by written amendments signed by authorized representatives from both the City and the Subrecipient. ARTICLE XIII SUSPENSION AND TERMINATION 1. Termination: a. Either party may terminate this Agreement without cause at any time by giving at least a thirty (30) day written notice to the other party of such termination. The City may terminate this Agreement with a cause immediately upon written notice to the Subrec failure to strictly comply with 24 CFR 92.505, all applicable Federal, State, and local laws, rules, and regulations, default on any of the terms and conditions of this Agreement, or any substandard performance by the SUBRECIPIENT as defined herein. Substandard performance shall be any performance indicated by Verifying Documents but not reflected in the actual performance of the Project. In the event of substandard performance, the CITY shall notify the SUBRECIPIENT in writing of such substandard performance. The SUBRECIPIENT shall take corrective action within a reasonable time, but in no event later than forty-five (45) days from receipt of the notice from the City b In the event of any termination, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports, or other materials prepared by the Subrecipient under this Agreement shall, at the option of the City, become the property of the City, and the Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. c. In the event of termination, the City shall not make payment for any additional costs incurred after the effective date of termination. All work completed prior to the effective date of the termination may be reimbursed pursuant to the terms of 8 the agreement, provided that all required documents are submitted to the City withing thirty (30) days of the date of termination. ARTICLE XIV DOCUMENTATION / RECORD KEEPING / ADMINISTRATIVE REQUIREMENTS 1. Maintenance of Records a. The Subrecipient shall maintain all records required by Federal regulations specified in 2 CFR Part 200 that are pertinent to the project herein funded by the Allocated Sum. Such records shall include, but are not limited to: (1) Application requestion Project funding (2) Executed Subrecipient Agreement approving the Project, including any amendments to the Agreement. (3) Records providing a full description of each activity undertaken. (4) Records demonstrating eligibility of work performed to be paid by the Allocated Sum. (5) Records documenting the acquisition, improvement, use, or disposition of real property acquired or improved with the Allocated Sum, if applicable. (6) Records documenting compliance with the Fair Housing and Equal Opportunity components of the HOME Program, if applicable. (7) Financial records as required by 24 CFR 92.505, 2 CFR Part 200, and all Financial Management standards as specified in this agreement. (8) Copy of Request for HOME-ARP Reimbursement and Quarterly Performance Reports submitted as required herein. b. The Subrecipient shall maintain client data demonstrating client eligibility for address, race or ethnic group, age, income level, head of household status (gender and marital status), Social Security number, number of bedrooms, tenant contribution, monthly gross rent, percentage of the median, size of household, type of contract, status, contract and date, any other basis for determining eligibility, amounts of rent and security deposit subsidies provided and calculations of the eligible amounts, actions undertaken to comply with equal 9 opportunity and fair housing requirement, and any other applicable data the City may direct from time to time. Such information shall be made available to the City for review upon request. c. Subrecipient will create, maintain, and allow inspection of records demonstrating the income of all clients served, using the annual income definition adopted by the City, in accordance with 24 CFR 5.609(b)(9) (Section 8 definition of household income) d Subrecipient will create, maintain, and allow inspection of records demonstrating all clients served are eligible for HOME-ARP assistance based on the requirements of the ARP and Section IV of the HOME-ARP Notice. All clients served must meet the criteria of the Qualifying Populations in the Section IV.A(1), (2), (3), and (4): (1) Homeless as defined in 24 CFR 91.5; (2) At-risk of homelessness, as defined in 24 CFR 91.5; (3) Fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or human trafficking as defined by HUD in 24 CFR 5.2003; (4) Other populations in which providing supportive services or assistance homelessness or would serve those with the greatest risk of instability as defined in Section IV.A (4) (1) and (2) of the HOME-ARP Notice. e. Subrecipient will create, maintain, and allow inspection of records demonstrating compliance with the conflict-of-interest requirement of 24 CFR 92.356. f. Subrecipient shall create, maintain, and allow inspection of records demonstrating compliance with debarment and suspension requirements in 2 CFR part 2424. g. Subrecipient will create, maintain, and allow inspection of records demonstrating compliance with affirmative marketing and minority outreach requirements of 24 CFR 92.351. h. Subrecipient will create, maintain, and allow inspection of records demonstrating compliance with the applicable uniform administrative requirements required by Section VII.D of the HOME-ARP Notice. i. Subrecipient will create, maintain, and allow inspection of records demonstrating compliance with records of emergency transfers requested under 24 CFR 2005 and 25 CFR 92.350 pertaining to victims of domestic violence, dating violence, sexual assault, or staling, including data on the outcomes of those requests. 10 j. Subrecipient will create, maintain, and allow inspection of records demonstrating that each household qualifying as homeless, records that meet the requirements in 24 CFR 576.500 (b)(1), (2), (3), or (4), as applicable. 1. Subrecipient will create maintain and allow inspection of records demonstrating that each 576.500 (c)(1) or (2), as applicable, and include the following documentation of annual income. (1) Income evaluation from containing the minimum requirements specified by HUD and completed by the Subrecipient; and (2) Source documents for the assets held by the household and income received over the most recent period for which representative data is available before the date of the evaluation (e.g., wage statement, unemployment compensation statement, public benefits statement, bank statement); (3) To the extent that the source documents are unobtainable, a written statement by the relevant third party (e.g., employer, government benefits administrator) or the he relevant third party of the income the household received over the most recent period for which representative data is available; or (4) To the extent that the source documents and third-party verification are unobtainable, the written certification by the household of the amount of income the household received for the most recent period representative of the income that the household is reasonably expected to receive over the 3-month period following the evaluation. 2. Retention of Records: The Subrecipient shall retain all records pertinent to expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement or after the resolution of all Federal audit findings, whichever occurs later. Records for nonexpendable property acquired with funds under this Agreement shall be retained for five (5) years after the final disposition of such property. Records for any displaced person must be kept for five (5) years after he/she received the final payment. 3. Access to Records: The City and the Comptroller General of the United States or any of their authorized representatives shall have the right of access to any pertinent books, documents, papers, or other records of grantees and subgrantees which are pertinent to the grant in order to make audits, examinations, excerpts, and transcripts. The right of access shall last as long as any record is required to be maintained. The Subrecipient, its employees, or agents shall provide access during the Term to all related records and documents for accounts placed with the shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m. Central Standard Time. Monday through Friday. 11 ARTICLE XV RECORD-KEEPING DISPLACEMENT, RELOCATION, AND REAL PROPERTY ACQUISITION Subrecipient shall create, maintain, and allow inspection of records demonstrating compliance with the requirements of 24 CFR 92.353 and the provisions of Section VII.F. of the HOME-ARP Notice regarding displacement, relocation, and real property acquisition, including but not limited to: 1. Project occupancy lists identifying the name and address of all persons occupying the real property on the date described in 24 CFR 92.353(c)(2)(i)(A) and occupying the property upon completion of the project. 2. Lists of all individuals or families occupying hotels and motels and other nonresidential properties acquired, rehabilitated, and/or demolished and newly constructed to become HOME- ARP NCS or HOME-ARP rental housing that qualify for assistance under the HOME-ARP Notices as members of a qualifying population, as well as records indicating whether such persons were assisted by the HOME-ARP program by the participating jurisdiction following the closure of the nonresidential properties because of the HOME-ARP activities. 3. Lists of all individuals or families occupying HOME-ARP NCS that were converted during the required use period that qualify for assistance under the HOME-ARP Notice, as well as records indicating whether moving costs or advisory services were provided as part of HOME-ARP administrative costs or under the HOME-ARP supportive services activity in Section VI.D of the HOME-ARP Notice, and records indicating whether such persons were assisted by the HOME-ARP program by the participating jurisdiction following the conversion of the HOME-ARP NCS units. ARTICLE XVI HOME-ARP TBRA REQUIREMENTS AND PROVISIONS SUBRECIPIENT shall disburse the Grant monies through a HOME-ARP TBRA program that SUBRECIPIENT shall design and administer in accordance with this Article and to the extent not provided otherwise in this Agreement, in compliance with all requirements under Section VI.C of the HOME-ARP Notice, all other applicable provisions of the federal regulations, and any other laws. 12 SUBRECIPIENT shall promulgate a written HOME-ARP TBRA program, including tenant- selection criteria and rental assistance contracts, and related administrative forms. As appropriate, the written program may adopt pertinent provisions of this Article by reference to a Section or sub-section without repeating them verbatim. The rental assistance contracts and other forms used to implement the HOME-ARP TBRA program shall meet the requirements for a and 24 CFR Part 982. The TBRA program shall include the following requirements and provisions: 1. SUBRECIPIENTS shall use a waiting list to identify and prioritize eligible households for HOME-ARP TBRA. 2. SUBRECIPIENT 3. At all times while receiving HOME-ARP TBRA, the selected tenants must reside in, and the assisted lease premises must be located within Beaumont, Texas. 4. SUBRECIPIENT shall create and maintain records of compliance with the housing quality standards, lease terms (including copies of all executed leases), minimum tenant contributions, actions taken to affirmatively further fair housing, and all other requirements of the HOME-ARP TBRA program. 5. The Grant monies may not be used to further subsidize the rent of units already receiving another form of rent subsidy (i.e., public housing or Section 8). 6. The HOME-ARP TBRA program may include assistance with security deposits as provided in 24 CFR 92.209(j) and may not exceed the equivalent of two (2) months rent for the rental unit. Any refunds of security deposits upon the termination of a lease, or at any other time, may be paid to the tenant and need not be refunded to SUBRECIPIENT. 7. SUBRECIPIENT shall enter into a written rental assistance contract complying with 24 CFR 92.209 and 24 CFR 92.253 with each eligible tenant before disbursing rental or security deposit assistance funds. The term of each rental assistance contract must begin on the fir of the lease. 8. Each lease must not be for less than one (1) year unless by mutual agreement of the tenant and the owner. NO lease may contain any of the following terms, and each lease must affirmatively negate all of these terms either in the body of the 13 lease or by means of an attach addendum that controls notwithstanding any contrary provision of the lease: a. Agreement by the tenant to be sued, to admit guilt, or to a judgement in favor of the owner in a lawsuit brought in connection with the lease. b. Agreement by the tenant that the owner may take, hold, or sell personal property of household members without notice to the tenant and a court decision on the rights of the parties. This prohibition, however, does not apply to an agreement by the tenant concerning the disposition of personal property remaining in the housing unit after the tenant has moved out of the unit. The owner may dispose of this personal property in accordance with the state law. responsible for any action or failure to act, whether intentional or negligent. d. Agreement of the tenant that the owner may institute a lawsuit without notice to the tenant. e. Agreement by the tenant that the owner may evict the tenant or household members without instituting a civil court proceeding in which the tenant has the opportunity to present a defense or before a court decision on the rights of the parties. f. Agreement by the tenant to waive any right to a jury trial. challenge in court a court decision in connection with the lease, and tenant wins in a court proceeding by the owner against the tenant. The tenant, however, may be obligated to pay costs if the tenant losses. i. Mandatory supportive services Agreement by the tenant (other than a tenant in transitional housing) to accept supportive services that are offered. 9. Each lease must provide that the owner may not terminate the tenancy or refuse to renew the lease of the tenant except for serious or repeated violation of the terms and conditions of the lease; for violation of the applicable federal, state, or local law, for good cause Each lease must provide that to terminate or refuse to renew the tenancy, the owner must serve written notice upon the tenant specifying the grounds for the action of at least 30 days before the termination or the tenancy. 14 10. SUBRECIPIENT shall require each owner that is a party to a lease to adopt written tenant selection criteria that: a. Are consistent with the purpose of providing housing for very low-income and l ow-income households; b. Are reasonably related to the HOME-ARP TBRA program eligibility and the c. Give reasonable consideration to the housing needs of households that would have a federal preference under 24 CFR 92.209(c)(2); d. Provide for the selection of tenants from a written waiting list in the chronological order of their application, insofar as is practicable; and e. Give prompt written notification to any rejected applicant of the grounds for any rejection. 11. Neither the City or SUBRECIPIENT shall be a party to any lease for which assistance is given under the HOME-ARP TBRA program. The compliance of any lease with the provisions of this Agreement shall not connote approval or endorsement of the lease by the City or by the Subrecipient but means only that the lease does not bar the tenant from qualifying for HOME-ARP TBRA. The HOME-ARP TBRA program shall provide cause under the terms of the lease. 12. The rent subsidy for any rental unit paid with Grant monies may not exceed the difference between the rent standard established by the City for the unit size and thirty percent (30%) of the monthly adjusted income of the family of the tenant, in accordance with 24 CFR 92.209(h)(1). The SUBRECIPIENT shall use FY 20226 Fair Market Rents by Unit Bedrooms for the City of Beaumont Metropolitan Area. This can be found as an attachment to this agreement in Exhibit C. 13. The rent to be paid under each lease must be reasonable, based on rents that are charged for comparable unassisted rental units. The City shall establish rents standards for various unit sizes in accordance with 24 CFR 92.209(h)(3) and shall advise SUBRECIPIEJNT of the rent standards applicable from time to time. 14. Housing for which assistance is received under the HOME-ARP TBRA program must meet and be maintained in accordance with the following standards: a. The housing quality standards in Section VI.C.9 of the HOME-ARP Notice; 15 b. Accessibility requirements in the regulations referenced in 24 CFR 5.105(a), which implement the Fair Housing Act and Section 504 of the Rehabilitation Act of 1973; and c. All applicable state and City housing codes and ordinances. 15. SUBRECIPIENT, shall conduct inspections of each rental unit before approving assistance under the HOME-ARP TBRA program and at least annually thereafter, during the term of the rental assistance contract to ensure these standards are met. If any rental unit for which HOME-ARP TBRA assistance is being given falls below these standards, the City shall promptly notify SUBRECIPIENT, the tenant, and the owner of the housing of the specific matters needing correction and shall give a reasonable time (generally ranging from twenty-four (24) hours for violations that are an imminent health or safety threat, to thirty (30) days for other problems) for the deficiencies to be corrected. If the deficiencies are not corrected within the time allowed, the HOME-ARP TBRA Grant monies shall be suspended for that rental unit until the deficiencies are corrected to the satisfaction of the City. This HOME-ARP TBRA contract may also be cancelled if the deficiencies continued unabated. 16. Each tenant selected to receive assistance must consent in writing for his or her files to be inspected, copied, and audited by the City, HUD, or any of their agents or employees, and must waive any confidentiality requirements that may otherwise be breached as a direct or indirect result of any such inspection, copying, or audit. 17. SUBRECIPIENT - ARP TBRA that have not already been verified by the City at the time of the application. The verification will be by means of third-party verification and review of primary documents provided by the applicant or applicant certification. ARTICLE XVIII AUDITS/MONITORING 1. In the event that the Subrecipient expends Seven-Hundred-Fifty Thousand and 00 Dollars ($750,000.00) or more in Federal awards in its fiscal year, the Subrecipient must have a single or program-specific audit conducted in accordance with the provisions of Title 2 Code of Federal Regulations (CFR) Part 200, as revised. In determining the Federal awards expended in its fiscal year, the Subrecipient shall consider all sources of Federal awards, including Federal resources received from the City. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by Title 2 CFR Part 200, as revised. An audit of the Subrecipient conducted by the Auditor General in accordance with the provision 2 CFR Part 200, as revised, will mee the requirements of this part. 16 2. In connection with the audit requirements addressed in Paragraph 1 above, the Subrecipient shall fulfill the requirements relative to audit responsibilities as provided in 2 CFR Part 200, as revised. 3. If the SUBRECIPIENT expends less than Seven-Hundred-Fifty-Thousand and 00/100 Dollars ($750,000.00) in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of 2 CFR Part 200, as revised, is not required. In the event that the Subrecipient expends less than Seven-Hundred-Fifty-Thousand and 00/100 Dollars ($750,000.00) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, as revised, the cost of the audit must be paid from non-Federal resources. 4. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, as revised, monitoring procedures may include, but not be limited to, on-site visits by the City and/or HUD; limited-scope audits as defined by 2 CFR Part 200, as revised; submittal and review of financial statements; and/or other procedures. By entering into this Agreement, the Subrecipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the City and/or HUD. In the event the City and /or HUD determines that a limited-scope of the Subrecipient is appropriate, the Subrecipient agrees to comply with any additional instructions provided by the City and/or HUD to the Subrecipient regarding such audit. The Subrecipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. 5. Inspector General: In those instances where state funding is involved, the Subrecipient and its subcontractors must agree to cooperate with the inspector general in any investigation, audit, inspection, review or hearing. By entering into this Agreement, the Subrecipient certifies it understands and will comply with this provision. 6. If the subrecipient is not subject to the audit requirements found at 2 CFR Part 200 Subpart F, a financial report in accordance with FAS Statement No. 117, Financial Statement of Not-for-Profit Organizations, as amended, shall be submitted to the City within thirty (30) days after the end of its fiscal year. 7. Monitoring provides information for making an informed judgement about program effectiveness and management efficiency, as well as identifying internal weaknesses that may contribute to fraud or abuse. The monitoring procedures established for the Subrecipient may include, but are not limited to, on-site visits by the City or HUD; limited-scope audits as defined by 2 CFR Part 200, as revised, submittal and review of financial management statements as defined by FAS Statement No. 117, performance reports; and other procedures as determined necessary. 8. By entering into this Agreement, the Subrecipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the City and/or HUD. In the event the City or HUD determines that more than a limited-scope audit of the Subrecipient is appropriate, the Subrecipient agrees to comply with any additional instructions provided by the 17 City or HUD to the Subrecipient regarding such audit. The Subrecipient further agrees to comply and cooperate with any inspections, review, investigations, or audits deemed necessary by the City, Chief Financial Officer, or Auditor General9. A copy of the audit or financial management report must be provided to the Community Development Department within thirty (30) days after receipt by the Subrecipient. ARTICLE XVIII PERFORMANCE, SUBCONTRACTS, AND AMENDMENTS 1. Performance Monitoring: The City shall monitor the performance of the Subrecipient against goals, performance standards, and requirements herein. Substandard performance, as determined by the City, in its sole and absolute discretion, shall constitute noncompliance of this Agreement. If such substandard performance is not corrected by the Subrecipient within a reasonable time period, as determined by the City, after being notified by the City of it, in accordance with Article XIII, contract suspension or termination procedures may be initiated and enforced in accordance with regulations set forth in 2 CFR Part 200, Subpart D, and Article XIII herein. In no case shall a reasonable period of time to begin the correction of substandard performance by shorter than seven (7) days or longer than ninety (90) days unless otherwise provided herein. Notwithstanding the foregoing, the City hereby agrees that any cure of any , or their successors or assigns) shall be deemed to be a cure by the Subrecipient and shall by accepted or rejected on the same basis is if made or tendered by Subrecipient. 2. Reporting Requirements: The Subrecipient will inform the monitoring agent secured by HUD that the City must receive a copy of all documents relating to the monitoring and compliance of the Project. 3. Laws: The Subrecipient shall not enter into any contracts or subcontracts in the performance of this Agreement without the written consent of the City. All contracts or subcontracts made by the Subrecipient to carry out the Project shall be made in accordance with all applicable Federal, State, and local laws, rules and regulations stipulated in this Agreement and in strict accordance with all terms, covenants, and conditions in this Agreement. Any cified by written contract or agreement and shall be subject to each article set forth in this Agreement. 4. Subcontract Monitoring: The Subrecipient shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. Such summaries and documents shall be submitted to the City with each Request for HOME Reimbursement and Quarterly Performance Report to be reported to HUD. 18 5. Prior City Approvals: The following includes, but is not limited to, activities that require the prior written approval of the City to be eligible for payments: a. All requests for proposals/qualifications, bid packages, proposed advertisements, and procurement documentation for services prior to award. b. The initiation of new activities not covered by this Agreement or changes in the location or the deletion of any activity/activities. c. Any service(s) or activity/activities other than those described in Article III above. d. Any proposed revisions to this Agreement. e. Requests to utilize remaining funds should there be a surplus after work is substantially completed. Requests must be made in writing and signed by an individual with signatory authority. ARTICLE XIX AWARD DELIVERY HOME-ARP Funds will be awarded as a grant pursuant to the terms of the Agreement. Subrecipient shall be required to enter into a Land Use Restrictive Agreement (LURA) for a period of 15 years, and such agreement shall be recorded in the Public Records of the City. The Allocated Sum shall be secured by a twenty (20) year deferred mortgage and promissory note on the real property on which the Project is located. ARTICLE XX REPAYMENT OF LOAN 1. All HOME-ARP funds are subject to repayment in the event the Project does not meet the requirements as outlined in this Agreement 2. It is understood that upon the completion of the Project, any HOME-ARP funds reserved but not expended under this Agreement will revert to the CITY. 3. Funds will remain a deferred loan for the period of twenty (20) years, at which time the loan may be forgiven or extended in the sole discretion of the City for another term. Sale of the property to another party may occur only with the approval of the City and the purchaser shall assume all obligations of the Subrecipient under this Agreement, the note and mortgage, and the deed covenants. Provisions in those documents will provide for the extinguishment of the requirements only in the event of a third-party foreclosure or deed in lieu of foreclosure. 19 ARTICLE XXI CONTRACT LIABILITY The City shall not be liable to any person, firm, or corporation who contracts with, or provides goods or services to, the Subrecipient in connection with the services as agreed to perform hereunder or for debts or claims accruing to such parties against the Subrecipient; and there is no contractual relationship either expressed or implied between the City and any other person, firm, or corporation supplying any work, labor, services, goods, or materials to the Subrecipient services to the City hereunder. ARTICLE XXll PROGRAM INCOME The Subrecipient shall record the receipt and expenditure of the Program Income, as defined in -funded Project. The use of Program Income by the Subrecipient shall comply with the requirements set forth in 24 CFR 92.503. The Subrecipient may use Program Income during the Term of this Agreement and shall reduce requests for additional funds by the amount of any such Program Income on hand. The Subrecipient shall submit a detailed accounting of the receipt and use of Program Income as indicated in Exhibit C, attached hereto and incorporated herein, in conjunction with quarterly reporting that is required. All unused Program Income with interest shall be returned to the city at the end of the Term. The City shall return these monies to HUD. ARTICLE XXlll REVERSION OF ASSETS Upon expiration or termination of this Agreement, the Subrecipient shall transfer to the city any Allocated Sum that has not been specifically allocated for the Project pursuant to this Agreement, as specified in 24 CFR 92.504(c)(2)(vii). ARTICLE XXIV INDEMNIFICATION THE SUBRECIPIENT SHALL DEFEND, HOLD HARMLESS AND INDEMNIFY THE CITY AND ALL OF ITS OFFICERS, AGENTS, AND EMPLOYEES, WHETHER CURRENT OR FORMER, FROM AND AGAINST 20 CHARGES, OR EXPENSES OF WHATEVER KIND OF NATURE WHICH THE CITY MAY SUSTAIN, SUFFER, INCUR, OR BE REQUIRED TO PAY BY REASON OF THE LOSS OF ANY MONIES PAID TO THE SUBRECIPIENT RESULTING OUT OF FRAUD, DEFALCATION, DISHONEST, OR FAILURE OF THE SUBRECIPIENT TO COMPLY WITH THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 AND ITS REGULATIONS; OR ARISING OUT OF ANY ACT, ACTION, NEGLECT, OR OMISSION DURING THE PERFORMANCE OF THIS AGREEMENT, ANY PART THEREOF, OR WORK PERFORMED HEREUNDER, WHETHER DIRECT OR INDIRECT; OR BY REASON OR RESULT OF INJURY CAUSED BY SUPERVISION OF THE PROPERTY OR WORK PERFORMED; OR BY REASON OF A JUDGEMENT OVER AND ABOVE THE LIMITS PROVIDED BY THE INSURANCE REQUIRED UNDER ARTICLE XXV OF THIS AGREEMENT; OR BY ANY DEFECT IN THE CONDITION OR CONSTRUCTION OF THE PROJECT IF THE PROJECT WAS INSPECTED AND ACCEPTED BY THE SUBRECIPIENT; WHETHER OR NOT DUE TO, OR CAUSED BY NEGLIGENCE OF THE CITY OR ANY OF ITS AGENTS AND EMPLOYEES. ONLY A FINAL ADJUDICATION JUDGEMENT FINDING THE CITY SOLELY NEGLIGENT SHALL EXCUSE THE PERFORMANCE OF THIS PROVISION BY THE SUBRECIPIENT. THE SUBRECIPIENT SHALL PAY ALL COSTS AND FEES RELATED TO THIS OBLIGATION AND ITS ENFORCEMENT BY THE CITY. THIS ARTICLE XXIV SHALL SURVIVE ANY TERMINATION, CANCELLATION, OR EXPIRATION OF THIS AGREEMENT. ARTICLE XXV INSURANCE 1. The Subrecipient shall procure and maintain, for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or ty and any building, insurance shall be borne by the Subrecipient. 2. The Subrecipient shall not enter or occupy the Premises until it has obtained all insurance required herein and such insurance has been approved by the City as provided herein. 3. The Subrecipient shall furnish certificate(s) of insurance on the form required by the City to the City. The certificate(s) shall clearly indicate the Subrecipient has obtained insurance of the type, amount, and classification required for strict compliance with this Agreement and that no reduction in coverage or in limits, suspension, or cancellation of the insurance shall be effective without thirty (30) days prior written notice as provided below. The certificate(s) shall be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required policies at any time. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except after thirty (30) days prior written notice by Certified Main, Return Receipt Requested, has been given to the City to the 21 attention of the City of Beaumont community Development Director. In the event the insurance coverage expires prior to the termination or end of this Agreement, a renewal certificate shall be issued thirty (30) days prior to the expiration date. Compliance with the foregoing requirements shall not relieve the Subrecipient of the liability and other obligations under this Agreement. Neither approval by the City or a failure to disapprove insurance certificates or policies furnished by the Subrecipient shall release the Subrecipient of full responsibility for all liability or its obligations under this Agreement. 4. All insurance policies shall be issued by responsible companies authorized to do Key Rating Guide, and shall be satisfactory to the City. All policies of insurance required by this Agreement shall be primary insurance with respect to the City, its officials, agents, and employees. Any insurance or self- insurance maintained by the City, its officials, agents, or employees shall be in excess of the e an insurance policies required herein and all provisions hereof shall apply to all operations, activities, or use by the Subrecipient or by anyone employed by or contracting with the Subrecipient, and directly or indirectly employed by any of them complies with those insurance provisions and that -insured retentions must be declared to and approved by the City and are the responsibility of the Subrecipient. The minimum types and limits of coverage to be carried by the Subrecipient are as follows: : shall provide coverage for all employees. The coverage shall be for the statutory limits in compliance with the applicable State and Federal laws. The policy m liability with a limit of One Hundred Thousand and 00/100 Dollars ($100,000.00) for each accident. The insurer shall agree to waive all rights of subrogation against the City, its officials, agents and employees. b. Comprehensive General Liability: Shall include premises and/or operations, broad form property damage, independent contractor, contractual liability, and fire legal liability, and shall be written on an - shall be obligated, by virtue of this Agreement, to maintain tail coverage in effect with no less limits of liability, nor any more restrictive terms and/or conditions, for a period of three (3) years from expiration or termination of this Agreement. 22 c. Bodily injury and personal injury, including death: $1,000,000.00 each person; $2,000,000.00 aggregate; $1,000,000.00 each occurrence; $2,000,000.00 aggregate ARTICLE XXVI NONASSIGNABILITY The Subrecipient may not assign this Agreement without the prior written consent of the City. ARTICLE XXVII HEADINGS All articles and descriptive headings of paragraphs in this Agreement are inserted for convenience only and shall not affect the construction or interpretation hereof. ARTICLE XXVIII CONTRACT EXTENSION This agreement may be executed in whole or in part, and each fully executed part shall be deemed an original instrument. ARTICLE XXVIX COMPLIANCE The Subrecipient agrees to comply with any City or State civil rights ordinances; Title XI of the Civil Rights Act of 1964, as amended; Title XIII of the Civil Rights Act of 1968, as amended; Section 109 of Title I of the Housing and Community Development Act of 1974; the Americans with Disabilities Act of 1990; the Age Discrimination Act of 1975; and Executive Orders 11063 and 11246, as amended by Executive orders 11375 and 12086. 23 ARTICLE XXX UNIFORM ADMINISTRATIVE REQUIREMENTS The Subrecipient shall comply with 24 CFR 92.505, and adhere to accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. The Subrecipient shall administer the Project in conformance with Section VIII.D. of the HOME-ARP Notice, as amended. ARTICLE XXXI NONDISCRIMINATION The Subrecipient will not discriminate against any employee or applicant for employment because of race, color creed, religion, ancestry, national origin, sex, disability, other handicaps, age marital status, or status with regard to public assistance. To the extent Subrecipient has employees, the Subrecipient will take affirmative action to ensure that all employment practices prohibit such discrimination. Such employment practices include but are not limited to, the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, lay-off, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Subrecipient agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. ARTICLE XXXII REHABILITATION ACT OF 1973, SECTION 504 The Subrecipient agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 United States Code of Law (U.S.C.) 794) which prohibits discrimination against the handicapped in any Federally assisted program. The City shall provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations during the term of this Agreement. ARTICLE XXIII LABOR STANDARDS 24 The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (48 CFR 22.405-1), the provisions of contract work hours and the Safety Standards Act (40 U.S.C. 3701, et seq. and 48 CFR 22.403-1, 22-403-3); the --2; 18 U.S.C. 874 et seq.; 40 U.S.C 3141, et seq., formerly cited as 40 U.S.C. 276a, 327-333) and all other applicable Federal, State, and local laws and regulations pertaining to labor standards insofar as such acts apply to the performance of this Agreement. The Subrecipient shall maintain documentation that demonstrates compliance with all hour and wage requirements of this part. Such documentation shall be made available to the CITY for review upon request. ARTICLE XXXIV HUD ACT OF 1968, SECTION 3 1. Compliance with the provisions of Section 3 of the HUD ACT of 1968, the regulations set forth in 24 CFR Part 75, and applicable rules and orders issued hereunder prior to the execution of the Agreement shall be a condition of the Federal financial assistance provided under this Agreement and is binding upon the City, the Subrecipient, and any subcontractors. Failure to fulfill these requirements shall subject the City, the Subrecipient, and any subcontractors. Their successors, and assigns to those sanctions specified by the agreement through which Federal assistance is provided. The Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. 2. The Subrecipient agrees to send to each labor organization or representative of workers with whom it has a collective-bargaining agreement or contract or understanding, if any, a notice r its commitments under the Section 3 clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. 3. The Subrecipient will include the Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon finding that the contract is in violation of regulations issued by the City or the Federal government. The Subrecipient will not subcontract with any sub-contractor where it has notice or knowledge that the latter has been found in violation or regulations under 24 CFR Part 75 and will not let an subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these requirements. ARTICLE XXV HATCH ACT 25 The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or any extent engaged in the conduct of political activities in violation of 5 U.S.C. 1501 et seq. as subsequently amended. ARTICLE XXXVI CONFLICT OF INTEREST The subrecipient covenants that it presently has no financial interest and shall not acquire financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement. The Subrecipient further covenants that in the performance of this Agreement, not person having such a financial interest shall be employed or retained by the Subrecipient or subcontractor hereunder, except for services performed. These conflict-of-interest provisions apply to any person who is a person, agent, consultant, officer, or elected official or appointed official of the City or of any designated public agencies or SUBRECIPIENTS that are receiving funds under this agreement. ARTICLE XXXVII RELIGIOUS ORGANIZATION The Subrecipient agrees that funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization in accordance with the Federal regulations specified in 24 CFR 5.109. ARTICLE XXXVIII LEAD-BASED PAINT The Subrecipient agrees that any construction or rehabilitation or residential structures, with assistance provided under this Agreement, shall be subject to the HUD Lead-Based Paint Regulations at 24 CFR 92.355. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants for properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paints and explain the symptoms, treatment, and precautions that should be taken when dealing with lead-based poisoning. ARTICLE XXXIV ENVIRONMENTAL CONDITIONS 26 1. Air and Water: Subrecipient agrees to comply with the following regulation insofar as they apply to the performance of this Agreement: a. Clean Air Act, 42 U.S.C 7401, et seq. b. Federal Water Pollution Control Act, as amended: 33 U.S.C. 1251, et seq., as amended; and 33 U.S.C. 1318, relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in the said Sections 114 and 308 and all regulations and guidelines issued thereunder. c. Environmental Protection Agency Regulations pursuant to 40 CFR Part 50, et seq., as amended. d. HUD Environmental Review Procedures (24 CFR Part 58) 2. Flood Disaster Projection: In accordance with requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001, et seq.), the SUBRECIPIENT shall obtain and maintain flood insurance under the National Flood Insurance Program for any activities located in an area identified by the Federal Emergency Management Act as having special flood zones. ARTICLE XL HISTORIC PRESERVATION The Subrecipient agrees to comply with the historic preservation regulations set forth in the National Historic Preservation Act of 1968, as amended (54 U.S.C. 300101, et seq. (formerly cited as 16 U.S.C. 4701), and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures, for protection of historic properties insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for rehabilitation and demolition of all properties build fifty (50) years ago to assess how the activity could affect a historic property listed in or eligible for the National Register of Historic Places. ARTICLE XLI CONTINUITY OF SERVICE 1. The subrecipient may not change the eligible use of the Units, the method of providing service by excluding properties or persons currently covered, sell or transfer the Units except in connection with the sale of the Project to an entity that assumes the Subrecipient obligations permission, until the expiration of this Agreement. 27 2. If the City and the Subrecipient determine, after consultation with the affected citizens, that it is appropriate to change the use of the property to a use which does not qualify under Paragraph 1 of this article, the Subrecipient may retain or dispose of the property for the changed use after the City HOME is reimbursed in the amount of the Allocated Sum. During the term of the Agreement, the Subrecipient shall give a first right of refusal to eligible nonprofit organizations for the purchase of the Unit at the current market value so that the Unit may continue to be occupied by eligible persons as set forth in the mortgage and note. 3. Following the reimbursement of the Allocated Sum in accordance with Paragraph 2 of this article, the property will not longer be subject to any Program requirements. ARTICLE XLII NONEXPENDABLE PROPERTY Any nonexpendable personal property acquired by the Subrecipient under this project shall be subject to the provisions of the Housing and Community Development Act of 1974 and its regulations, including but not limited to, the provisions on the use and disposition of property for a period of five (5) years after the purchase. ARTICLE XLIII REAL PROPERTY PROTECTIONS 1. The City may have inspections of the premises either performed by the City, or on its behalf for structural integrity and safety. 2. Other than as provided in Exhibits A and A-1, the Subrecipient shall not mortgage or otherwise encumber title to the said real property by utilizing the said real property as collateral for any type of lien, note, mortgage, debt obligation, or security agreement without prior written notification to the HOME Administrator. ARTICLE XLIV MAINTENANCE OF PREMISES The Subrecipient is required to maintain the real property and structures located thereon in a condition that meets all current housing, safety, and health standards as required by all applicable federal, state, and local laws, rules and regulations. ARTICLE XLV 28 MISCELLANEOUS 1. Entire Agreement: This Agreement represents the entire agreement between the parties and supersedes any and all prior agreements, negotiations, or understandings, written or oral, relating to the matters set forth herein. Prior agreements, negotiations, or understandings, if any, shall have no force or affect whatsoever on this Agreement. All parties hereto agree that if any part, term, or covenant of this Agreement is held to be illegal, unenforceable, or in conflict with any applicable Federal, State, or local laws or regulations, such part shall be severable with the remainder of this Agreement valid and enforceable. 2. Sovereign Immunity: Nothing in this agreement shall be construed in any way to waive the sovereign immunity of the City. 3. Applicable Law: This Agreement, when not governed by Federal law, shall be governed by and interpreted in accordance with the laws of the State of Texas. 29 APPROVED IN FORM ______________________________ Sharae Reed City Attorney CITY OF BEAUMONT ___________________________________ Kenneth R. Williams City Manager ATTEST: ___________________________________ Tina Broussard City Secretary Tender Loving Care Center for Children dba Legacy Community Development Corporation ___________________________________ Vivian Ballou, Executive Director Date ____________________________ 30 Exhibit A Tenant Based Rental Assistance Project $200,000.00 $202,821 Assistance $160,000.00 $162,821 Administration of Project $40,000.00 Remaining Balance $103,968.75 31 EXHIBIT A-1 LEGACY CDC TENANT BASED RENTAL ASSISTANCE (TBRA) ACTIVITY Tenant based rental assistance eligible costs include rental assistance, security deposit payments, and utility deposit assistance to qualifying households, including project delivery to the selected qualifying organization to oversee the TBRA project. HOME-ARP funds may be used to pay for up to 100% of these costs. TBRA Project Budget Total: $202,821 Assistance $162,821 Project Delivery to Legacy CDC $40,000 *All reimbursement requests must be submitted to the authorized representative within the Housing Division of the Planning and Community Development Department no later than ninety (90) days from the date the expense was paid. Any reimbursement request submitted after this 90-day period shall be ineligible for reimbursement. 32 G TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bridgette Evick, CPA, Chief Financial Officer MEETING DATE:January 6, 2026 REQUESTED ACTION:Council consider a resolution approving the tri-annual contract for Security Guard Services. BACKGROUND Temporary Security Guard Services are required by the Events Facilities Department for events held at various locations including the Civic Center, Julie Rogers Theatre, Jefferson Theatre and the Event Centre. Each event has a unique set of staffing requirements. These factors include location, type of event, size of the expected crowd and the event promoter’s specific needs. Security Guards are also utilized at the Municipal Court. This contract shall be in effect for a period of three (3) years. At the end of the initial term, the City may renew the contract for two (2) additional one (1) year periods at the price quoted, not to exceed a total of five (5) years. One hundred seventeen (117) vendors were notified via email as well as advertising on the City web page and in the local newspaper. Eight (8) bids were submitted. Deltacon Security of Sugarland, TX responded with the lowest overall bid of $342,971.50. Bid tabulation is attached. FUNDING SOURCE Of the total bid, $235,311.50 is for the Security services utilized within the Event Facilities Department and are reimbursed by the event promotors through the Event Services Clearing Fund. Both the Municipal Court Security services totaling $78,468.00 and the City Sponsored Events totaling $29,192.00 are charged to the General Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS Guard Services - Bid Tabulation $342,971.50$375,376.00$405,961.00$407,564.80$456,651.00$517,802.50$546,478.48 $893,190,675.00 wĻƭƦƚƓƭĻ ƚƷğƌ DF1026-04 Addendum 1 - Page 1 City of Beaumont, Texas eBidsPurchasingDwayne Oxnerdwayne.oxner@beaumonttexas.gov(409) 880-3175 wĻƭƦƚƓƭĻ {ǒĬƒźƷƷĻķ 12/3/2025 04:21:42 PM (CT) 12/11/2025 01:37:32 PM (CT)12/11/2025 12:29:07 PM (CT)12/11/2025 12:30:03 PM (CT)12/10/2025 02:23:10 PM (CT)12/11/2025 01:22:02 PM (CT) 12/11/2025 11:04:03 AM (CT)12/11/2025 08:42:16 AM (CT) FL TXTXTXLATX CACA {ƷğƷĻ DF1026-04Tri-Annual Contract for Guard ServicesThe City of Beaumont is seeking a qualified Guard Services Company for the Events Services Department and other City departments as requested.Bid11/19 /2025 11:27:39 AM (CT)12/11/2025 02:00:00 PM (CT)/źƷǤ SUGARLANDHawthornePort ArthurIrvineCoral SpringsBeaumontBaton RougeHearne 9ǝĻƓƷ bǒƒĬĻƩ9ǝĻƓƷ źƷƌĻ9ǝĻƓƷ 5ĻƭĭƩźƦƷźƚƓ9ǝĻƓƷ ǤƦĻLƭƭǒĻ 5ğƷĻ/ƌƚƭĻ 5ğƷĻwĻƭƦƚƓķźƓŭ {ǒƦƦƌźĻƩ DELTACON SECURITYUnified Protective ServicesSignal Security of BmtAllied Universal Event ServicesDynamic Integrated SecuritySafety First SecurityLofton Security Service Inc.TNT Security Solutions tƌĻğƭĻ ƓƚƷĻʹ \[źƓĻƭ wĻƭƦƚƓķĻķ ğƓķ wĻƭƦƚƓƭĻ ƚƷğƌ ƚƓƌǤ źƓĭƌǒķĻƭ ƩĻƭƦƚƓƭĻƭ Ʒƚ ƭƦĻĭźŅźĭğƷźƚƓ͵ bƚ ğƌƷĻƩƓğƷĻ ƩĻƭƦƚƓƭĻ ķğƷğ źƭ źƓĭƌǒķĻķ͵ H TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Amalia Villarreal, P.E., CFM, Director of Public Works MEETING DATE:January 6, 2026 REQUESTED ACTION:Council consider a resolution approving the purchase of a new tub grinder. BACKGROUND Due to a recent fire at the Solid Waste facility, immediate replacement of the landfill tub grinder is necessary to maintain compliance with the Texas Commission on Environmental Quality (TCEQ) standards. Pricing was obtained from Vermeer Texas-Louisiana, of Cypress, in the amount of $746,445.19. The purchase will be made through the Sourcewell purchasing cooperative contract, which complies with the State of Texas’ procurement statutes. th Funds were approved by City Council at the December 16 Council meeting to amend the budget to finance the purchase of this equipment. FUNDING SOURCE Solid Waste Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS JOTUPSFQJDLVQ14.DZQSFTT 2202:0313623;61;51)P*2 22 CFBVN11251:9914831R17565 DJUZPGCFBVNPOURVPUF QPCPY4938 CFBVNPOUUY88815.49382857111389: JBOTDIMBH5670567 Eftdsjqujpo++RVPUF++FYQJSZEBUF;2304203136Bnpvou ++++++++++++++++++++++++++++++++++++++++++++++++++++++++ DJUZPGCFBVNPOUTpvsdfxfmmNfncfsOvncfs;41:42 141:34.WSNSfdzdmjohboeSfqvsqptjohFrvjqnfouxjuiSfmbufe Bddfttpsjft-TvqqmjftboeTfswjdft/ +++++++++++++++++++++++++++++++++++++++++++++++++++++++++ OfxWFSNFFSUH6111UH6111UVCHSJOEFS.3BYMFGPSOPOMPBEF846681/2: ++++JODMVEJOHUIFGPMMPXJOHPQUJPOT++++ UH6111211UH6111UVCHSJOEFS.3BYMFGPSOPOMPBEFS UH6111141DBUD26651IQU5G0TUBHFWFOHJOF UH6111152BVUPSFWFSTFDPPMJOHGBO.U5G UH6111172IZESBVMJDUSBJMFSKBDLT UH61111:7GJSFFYUOH21MC/21B71CD269418112 UH6111269TFSJFTJJJEVQMFYESVNX0609CPMUUJQT UH6111295BJSDPNQSFTTPS.41HBM/286QTJ UH6111334BYJBMNBHOFUJDESJWFQVMMFZ UH6111342DMFBUFEWJQFSDPOWFZPSCFMUXJUITVQFSTQMJDF UH6111381EBNBHFEFGFOTF POFTFUPGTDSFFOTDVTUPNFSTDIPJDF/ DBUFYUFOEFEXBSSBOUZ5ZFBST5111IPVST/ NjtdfmmbofpvtDibshft0Dsfejut >>>>>>>>>>>>>>>>>>>>>>>>>>>>> FYUFOEFEXBSSBOUZRuz;2Qsjdf;8986/118986/11 Tvcupubm;854556/2: Bvuipsj{bujpo;`````````````````````````RvpufUpubm;854556/2: 1 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:January 6, 2026 REQUESTED ACTION:Council to adopt the rules for the Bond Facilitation Committee. BACKGROUND At the October 10, 2025, meeting, the Council voted to create a Bond Facilitation Committee and appointed members. The adoption of these rules would also amend Resolution 25-243 to include two (2) year terms for all members. FUNDING SOURCE Not applicable. RECOMMENDATION None. ATTACHMENTS CITY OF BEAUMONT BOND FACILITATION COMMITTEE (BBFC) ARTICLE ONE PURPOSE The purpose of the ad hoc City of Beaumont Bond Facilitation Committee (BBFC) is to advise and provide guidance to the City Council and city staff to ensure that the 2025 General Obligation bonds approved by the Beaumont voters on November 4, 2025, are implemented timely, efficiently, transparently, fairly, and with quality and equity. ARTICLE TWO MEMBERSHIP A.Committee Members serve at the discretion and pleasure of the City Council and may be removed at any time with or without cause. B.Qualifications – Committee Members shall reside within the incorporated city limits of the City of Beaumont. C.Appointments – The Committee shall consist of nineteen (19) members appointed by the City Council. D.Terms – Members shall serve a term of two (2) years. The City Council may reappoint members. There is no limit on the number of terms a resident may serve on the Committee. E.Vacancies – If a seat becomes vacant through resignation, the City Councilmember responsible for that individual’s appointment shall appoint a qualified replacement to fulfill the term. F.A Committee Member who is absent for three (3) consecutive meetings of the Committee will result in automatic resignation from the Committee. This does not apply to an absence due to a medical reason of the Committee Member or a member of the household, childcare for a newly born or newly adopted child, death of a family member, a scheduled vacation, business travel, school, or from an unexpected factor beyond the control of the Committee Member. A Committee Member should notify the City Manager or their designee in advance of any expected absence. G.Ex officio non-voting members - The City Manager, or his designee, will serve in a non- voting advisory role to the Committee and may assign other staff members as needed to serve in a non-voting advisory role to the Committee. The City Council may appoint other ex officio members to the Committee. H.Conflicts of interest - A Committee Member having any potential conflict of interest on any decision or determination before the Committee shall disclose to each of the other members the nature of his potential conflict and shall abstain from voting on such decision or determination. If the Committee Member recognizes a conflict or a clear potential for conflict of interest, he or she shall recuse himself or herself from discussion and action on the topic involving such conflict. The disclosure shall be recorded in the minutes. ARTICLE THREE COMMITTEE STRUCTURE A.The City of Beaumont Bond Facilitation Committee is a City Ad Hoc Committee that serves at the discretion of the City Council. The City Council may terminate or extend the Committee at will. B.The Committee shall have a Chairperson and a Vice-Chairperson elected from its membership to serve for a one-year term. Officers shall be elected annually by the Committee during the first meeting of the calendar year, with the exception of the initial appointment. The Mayor shall appoint a Chairperson for the first initial year and the Committee shall elect a Vice-Chair. At subsequent meeting, the Chairperson shall preside over the meetings and shall have the right to vote on all items. The Vice-Chair shall fulfill the duties of the Chairperson when the Chairperson is not available for any reason. If a vacancy in the Committee leadership occurs, the Committee shall select a member to fill the vacancy for the remainder of the year. City Council Bond Facilitation Committe City Manager City Staff Bond Program Manager Project Design Team ARTICLE FOUR RESPONSIBILITIES City of Beaumont Bond Facilitation Committee is to advise and provide guidance to the City of Beaumont to ensure that the 2025 General Obligation bond approved by the Beaumont voters on November 4, 2025, are implemented timely, efficiently, transparently, fairly, and with quality and equity. To that end, the BBFC is charged with: A.Provide input to the City Council on project scoping and priorities within the limits of project budgets; B.Monitor the progress, budgets, and schedules of bond capital projects; C.Review scopes of work and statements of qualifications for professional services related to the bond program; D.Review bidding and procurement methods to ensure a fair and competitive process that meets city policies and state laws; E.Make recommendations to the City Council regarding the use of any remaining, unexpended bond funds after all projects are completed (if applicable); F.Assist City staff in outreach and communication related to the bond projects, including review of outreach and notification materials and coordination of town hall meetings; G.Evaluate opportunities to reduce project construction costs or ongoing maintenance requirements through sustainable materials and alternative delivery methods; H.Assist staff in pursuit of alternative funding opportunities, including federal, state, local, and non-profit grants for the implementation of bond projects; I.Provide accountability and transparency to the taxpayers on the use of bond proceeds; and J.Provide a written and oral report to the City Council at least twice per year on the following: 1)Overall bond program status, including budgets and schedules; 2)Communication outreach strategies; 3)Changes in scope of work or construction schedule. K.Any recommendations to City staff to carry out a task shall be directed by the City Manager. L.The Committee shall have no power to direct staff members, expend public funds, enter into contracts, or place any obligation or liability on the City. ARTICLE FIVE MEETINGS A.This Committee is required to adhere to the rules established by the Texas Open Meetings Act. The Committee will post the agenda and minutes online and will strive to post meetings at least three business days in advance of the meeting. Meetings will be open and available for the public to attend as observers. The Committee may utilize online meeting platforms, as needed, to conduct the business of the Committee. B.The Committee shall meet at least quarterly at a time and place established by the Committee. Special meetings may be called by the Chairperson or the City Manager or his designee. C.Quorum – a quorum shall consist of a majority of the members of the Committee, except that when a vacancy exists, a quorum shall consist of a majority of the remaining members. D.Special meetings of the Committee may be called by: 1)The Chairperson or interim Chairperson of the Committee; 2)The City Manager or his designee; or 3)Three (3) committee members. E.Rules of Decorum – The Committee shall follow the Council Procedure and Decorum Policy as adopted by the City Council on December 3, 2019. ARTICLE SIX RECORDS All records of the Committee are public records. All such records shall be in the custody of the City Clerk but available to the members in the due course of their proceedings. The City Manager or his designee shall be responsible for the care and custody of the records while in the Committee’s use. All secretarial duties of the Committee shall be performed by City staff with the aid and assistance of the Chairperson. 2 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:January 6, 2026 REQUESTED ACTION:Council consider an ordinance amending Chapter 28, Article 28.04, and Chapter 18, Article 18.03 of the Code of Ordinances of the City of Beaumont. BACKGROUND On December 2, 2025 the City enacted short-term rental regulations. Following this, Councilman Hilliard requested minor changes to the regulations. Councilman Williams also supports this request. The proposed amendments are included in the attached exhibit and summarized here: 1.Remove Section 18.03.007 and amend Section 18.03.004 of the City Code of Ordinances. This will eliminate the requirement for a short-term rental platform to include the permit number on listings and to remove listings that do not have a permit number listed. Additionally, it will eliminate the requirement for a short-term rental platform to collect and render hotel occupancy tax to the city. If amended, the owner will be solely responsible for remitting owed taxes to the city. 2.Remove Section 28.04.009(d)(9) from the City Code of Ordinances. This will remove the 300-foot minimum distance requirement between short-term rental properties. FUNDING SOURCE Not applicable. RECOMMENDATION None. ATTACHMENTS STR Ordinance with requested amendments. ORDINANCE NO. 25-071 AN ORDINANCE AMENDING CHAPTER 28, ARTICLE 28.04 REGUALTIONS RELATED TO SHORT-TERM RENTALS. PROVIDING FOR CODIFICATION, PUBLICATION, AND EFFECTIVE DATE. Section 1. -term-- of the Beaumont Code of Ordinances to read as follows: Sec 18.03.001. Definitions. Hotel means any building or buildings in which the public, for consideration, obtain sleeping accommodations. The term shall include but not be limited to hotels, motels, bed and breakfast facilities, short-term rentals, tourist homes, houses or courts, lodging houses, inns, room defined so as to include hospitals, sanitariums or nursing homes. Short-term rental means a property where all or a portion of a residential dwelling unit, including an apartment or accessory building, may be rented or leased for compensation to members of the public for use as sleeping accommodations on a temporary or transient basis of less than thirty (30) consecutive days. A short-term rental does not include a hospital, sanitarium, or nursing home; or a dormitory or other housing facility owned or leased and operated by an institution of higher education. Short-term rental platform is a person or entity that: 1) provides an online means through which an owner/operator may offer a short-term rental unit for rent by the public and the consumer may lease the unit and 2) receives a financial benefit in result of the rental. Section 2. THAT the Code of Ordinances is hereby amended to amend Section 18.03.002 of the Beaumont Code of Ordinances to read as follows: Sec. 18.03.002 Levy; rate; exceptions. a. There is hereby levied a tax upon the cost of occupancy of any room or space furnished by any hotel where such cost of occupancy is at the rate of two dollars ($2.00) or more per day, such tax to be equal to seven (7) percent of the consideration paid by the occupant for lodging and other mandatory fees such as pet and cleaning fees. b. No tax shall be imposed hereunder upon a permanent resident. Section 3. THAT the Code of Ordinances is hereby amended to amend Section 18.03.004 of the Beaumont City Code of Ordinances to read as follows: Sec. 18.03.004. Rules and regulations. The City Manager or their designee shall have the power to make such rules and regulations as are necessary to effectively collect the tax levied herein, and shall upon reasonable notice have access to books and records necessary to enable them to determine the correctness of any report filed as required by the article and the amount of taxes due under the provisions of this article. Records should be retained for a minimum of three (3) years and include documentation for taxes collected and reported by the operator and by any booking platform on their behalf. Section 4. THAT the Code of Ordinances is hereby amended to amend Section 18.03.007 of the Beaumont City Code of Ordinances to read as follows: Sec. 18.03.007. Short-term rental platforms. a. A short-term rental platform that displays listings of short-term rentals located in the City shall require an owner/operator using the platform to include the property's permit number in any listing for a short-term rental located in the platform. The permit number must be displayed on the listing. No short-term rental shall be listed on the platform which does not include the permit number. b. A short-term rental platform shall remove any listing for a short-term rental from its platform after notification by the City that the permit number associated with a short-term rental listing is invalid, expired, or has been revoked. The notification must identify the listing(s) to be removed and state the reason for removal. The platform shall remove such listings as soon as practicable. c. A short-term rental platform that collects state hotel occupancy tax shall collect City hotel occupancy tax for owners/operators and remit it to the City, applicable City hotel occupancy tax owed based on what each owner/operator's short-term guest pays to a third-party online travel agent/operator for rent. Section 5. THAT the Code of Ordinances is hereby amended to add Section 28.04.009 to the Beaumont City Code of Ordinances to read as follows: 28.04.009 Short-term rentals (STR). (a) Purpose. (1) The purpose of this section is to establish regulations for the protection of the health and safety of the occupant(s) of short-term rental properties; to protect the integrity of the neighborhoods in which short-term rental properties operate, and to ensure the collection and payment of hotel/motel occupancy taxes. (2) This section does not grant the owner of residential property with the right or privilege to violate any private conditions, covenants, and/or restrictions applicable to the owner's property that may prohibit the use of said residential property for short-term rental purposes as defined in this section. (b) Compliance and permit required. (1) It shall be illegal to advertise, offer, or enter into an agreement for a short-term rental within the City except in compliance with regulations adopted in this section and a valid permit issued pursuant thereto. (2) In this section, the term "advertise" shall refer to any communication made by the owner/operator of a short-term rental notifying the public that a short-term rental is available for rent by that owner/operator. (3) A violation under this section is a class C misdemeanor offense punishable upon conviction by a fine not to exceed five hundred dollars ($500.00) per offense. Each day shall constitute a separate offense. (c) STR Permit. (1) Application requirements. An application for a short-term rental permit shall be submitted to the Planning and Community Development Department. (I). The application shall include the following information: (i) The name, address, email address, and telephone number of the property owner and operator of the subject STR; (ii) The name, address, email address, and telephone number that is answered 24 hours a day for the local contact person of the subject STR; (iii) The name and address of the proposed STR; (iv) Proof of hotel occupancy tax registration with state; (v) A site plan of the property showing structures and location of parking spaces(s) and a floorplan to show the number of sleeping areas and the applicable overnight and daytime occupancy limit(s) of the proposed STR; (vi) Such other information as the Director of Planning and Community Development, or their designee, deems reasonably necessary to administer this section. (II). A passing city inspection. (2) Fee: The annual STR permit fee established in the master fee schedule is nonrefundable and due with application for permit. Said fee is applicable to all rental units including rooms and guest houses. (3) STR permits are valid for one (1) calendar year and shall expire on the anniversary date of the issuance of the permit. A permit may be renewed for the following calendar year beginning sixty (60) days before the expiration of the current permit by filing a completed application for each permit and paying the applicable fee set forth in the master fee schedule. Additionally, an annual inspection fee shall be rendered at the time of application. Proof of having submitted to and passed any applicable annual inspections is required for the issuance or renewal of an STR permit. A late fee, as listed in the master fee st scheduled, shall not be prorated and are assessed on the first (1) of each month extending beyond the expiration date listed on the valid STR permit. (4) Failure to complete the renewal process for an STR permit may result in revocation of the STR permit. If an STR permit is revoked for any reason, the owner and/or operator may not reapply for the same permit for a period of twelve (12) months from the date of the revocation. (5) An STR permit is not transferable to another owner, operator, or location. 28.03.023 Permitted Use Table. STRs are considered legal nonconforming upon proof of existence prior to the adoption date of this article. If the STR permit is suspended, revoked, allowed to lapse, or otherwise the STR does not have a valid permit for any period of time, then the STR will be considered a new short-term Zoning Code and this article. (d) Compliance with law. (1) The owner of the property and the operator of the STR shall be responsible for compliance with all applicable laws, rules, and regulations pertaining to the use and occupancy of the subject STR, including prohibition of public nuisances and unreasonable noise. Violations of any applicable law, rule, or regulation may result in the revocation or denial of a short-term rental permit. (2) Short-term rental guests shall be responsible for informing their occupants of all relevant City codes and the occupants' liability for violation of same. (3) Parking on grassed or unpaved areas is prohibited and shall not count toward required parking. If the STR is an accessory use of the property, a minimum of one (1) off-street parking space is required per rental unit. Parking must meet all other parking requirements in applicable law. The required site plan must include a parking plan; such plan shall be subject to approval by the Director of Planning and Community Development, or their designee, prior to the issuance or renewal of an STR permit. (4) All short-term rentals shall be equipped with fire extinguishers, smoke detectors, and carbon monoxide detectors as required by all applicable laws. (5) Each sleeping area must include at a minimum shared use of a full bathroom. (6) Every sleeping area shall have at least one (1) operable emergency escape and rescue opening as required by all applicable laws. (7) No more than two (2) adult guests per bedroom and no more than ten (10) people in total are permitted on site. The granting of a specific use permit is required for any short-term rental property to exceed ten (10) people. (8) All short-term rental properties are required to prominently display a copy of their valid permit on-site. This display must include the name and 24-hour contact information of the local point of contact. This ensures that visitors, neighbors, and City officials can reach someone promptly in the event of an emergency, complaint, or code compliance issue. (9) A short- short-term rental. The measurement of the distance between short-term rentals shall be determined by measurements made in a straight line, without regard to line to the nearest point of any existing short-term rental property line. Short-term rentals in existence at the time of adoption of this section shall otherwise be governed by Section 28.04.005 of the City of Beaumont Code of Ordinances. (e) Hotel occupancy tax required. (1) The operator of a short-term rental shall collect hotel occupancy taxes as provided by all applicable law, including the City Hotel Occupancy Tax Code, Chapter 18 Article III. Failure to collect and/or remit any taxes as required by law shall be grounds for the revocation of the STR permit and may result in a fine. (2) Hotel occupancy tax is to be remitted and reported as required by Section 18.03.004 of the City of Beaumont Code of Ordinances. Failure to submit reports on time may result in a delinquent report penalty and revocation of the STR permit. (f) Jurisdiction, enforcement, and penalties. (1) Pursuant to Section 28.02.001, in addition to any other enforcement remedies that the City may have under other City ordinances or other applicable law, any person violating any of the provisions of this section is subject to a fine as provided in Section 1.01.009. Each day any violation of this article continues shall constitute a separate offense. (2) Written notice of a violation of this section will precede the issuance of a citation, in which the vacant structure owner will be given a reasonable length of time, as determined by the Planning and Community Development Director, to remedy the violation. (3) Written notice shall be issued to the property owner of a short-term rental by means of personal service, or by certified mail to their last known address according to the county appraisal district records, and by posting on the property. (4) Any minimum fine for a violation of this section will be doubled for the second conviction of the same offense within any 24-month period and trebled for the third and subsequent convictions of the same offense within any 24-month period. At no time may the fine exceed the maximum fine established in Section 1.01.009. (5) This is a strict liability offense in which no mental state is required. (g) Appeals. (1) Appeals from a decision of the Planning and Community Development Director, or their designee, shall be reviewed by the Board of Adjustment. Section 7. THAT Chapter 28, Section 28.03.023(e), Permitted Use Table SIC Group 70, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended by adding short-term rentals within the following zoning districts subcategory to read as follows: Zoning District Permitted Primary Use G ParkSpec A-R R-RM-RM-RCR RCR NC NSC GC-C- CBD CM LI HI PUD SIC Group ing ial S M H -H MD MGroCon D-up d. 2 70 Hotels, rooming houses, camps, and other lodging places (as noted) S S P P P S S P S P S Short-term rentals 41 S P S S P P P S 701 Hotels, motels 1 and tourist camps Section 8. THAT the updated master fee schedule, which includes the short-term rental permit fee of one hundred dollars ($100.00), STR annual inspection fee of seventy-five dollars ($75.00), and which is attached and incorporated as Exhibit A, is approved. All legal nonconforming short-term rental properties must register with the City of Beaumont within sixty (60) days from the effective date of Ordinance No. 25-071, passed on December 2, 2026. Section 9. THAT all rights and remedies which have accrued in favor of the City under this Ordinance and amendments thereto shall be and are preserved for the benefit of the City. Section 10. THAT if any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 11. THAT all ordinances and parts of ordinances in conflict herewith are repealed but only to the extent of such conflict. Section 12. THAT it is the intent of the City Council of the City of Beaumont, Texas that the provisions of this Ordinance shall be codified in the City's official Code of Ordinances as provided hereinabove. Section 13. THAT the City Secretary shall cause this Ordinance or its caption to be published in the official newspaper of the City of Beaumont upon passage by such ordinance. This Ordinance shall become effective January 6, 2026. The meeting at which this ordinance was adopted was conducted in strict compliance with PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of January, 2026. - Mayor Roy West - 3 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:January 6, 2026 REQUESTED ACTION:Council consider a request for a Specific Use Permit to allow a washateria in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 4515 N. Major Drive, Suite A-B. BACKGROUND Hung Nguyen requests a Specific Use Permit to allow a washateria to be located at 4515 N Major Drive, Suite A-B. The GC-MD-2 (General Commercial- Multiple Family Dwelling-2) zoning district requires a Specific Use Permit for all new proposed land uses. Major Mojo Washateria will offer 24-7 self-service washing and drying machines, with folding tables, vending machines, free Wi-Fi access, and a lounge area. At a Joint Public Hearing held on December 15, 2025, the Planning Commission recommended 9:0 to approve the request for a Specific Use Permit to allow a washateria in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 4515 N. Major Drive, Suite A-B, with the following conditions: 1. Shall comply with all applicable Building and Fire codes. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including and requirements of the City’s backflow, pre- treatment, and/or F.O.G. program. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance, with the following conditions: 1. Shall comply with all applicable Building and Fire codes. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including and requirements of the City’s backflow, pre- treatment, and/or F.O.G. program. ATTACHMENTS Legal Description Staff Report LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being plat RS-5, Tracts 5, 5A, 6 & 17, D. Easley Survey, Abstract 20, Beaumont, Jefferson County, Texas, Containing 5.35 acres more or less. WORK SESSION Council to Review and Discuss the Proposed Zip Advertisement Policy and Program PUBLIC HEARING Council to Conduct a Public Hearing to receive comments regarding the Zip Advertisement Policy and Program 4 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:January 6, 2026 REQUESTED ACTION:Council consider a Resolution authorizing the implementation of the Zip Advertisement Policy and Program. BACKGROUND The City’s transit system, Zip, is requesting approval to launch a new advertising program that would allow local businesses, schools, event organizers, and other groups to place ads on buses and vans, including placards inside of the vehicles. All revenue from the program would go directly toward improving bus stops with shelters, lighting, and benches, and would also help provide matching funds for grants. This program is designed to create a self-sustaining way to enhance safety and comfort for all riders and visitors utilizing Zip services. The Transit Management of Beaumont will manage and oversee the program. FUNDING SOURCE Not applicable. RECOMMENDATION Approve the Resolution. ATTACHMENTS Zip Ad Policy and Program