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HomeMy WebLinkAboutOCT 20 2026 PACKET REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, OCTOBER 20, 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 1-5 or any other topic. CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non- controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A.Council to consider approving September 29, 2026, special meeting minutes, October 6, 2026, special meeting minutes and October 6, 2026, regular meeting minutes. B.Council consider a resolution approving contracts for debris monitoring during an emergency event. C.Council consider a resolution approving a service agreement for Pro-Care Equipment for Fire and EMS operations. D.Council to consider a resolution amending the existing agreement with Legacy Community Development Corporation to grant an extension of time for the HOME- ARP Tenant Based Rental Assistance Project. E.Council consider a resolution approving the renewal of an annual maintenance agreement for a third-party cybersecurity monitoring service. F.Council consider a resolution to approve the purchase of end-of-life (EOL) software replacements from SHI of Somerset, Franklin Township, NJ. G.Council consider a resolution approving the annual software renewal for Laserfiche, the City’s document management and records retention system, from MCCi, LLC of Tallahassee, Florida. H.Council consider a resolution approving an annual maintenance renewal agreement for a third-party email security and SPAM filtering service. I.Council consider a resolution approving a three-year renewal agreement with Info- Tech Research Group, Inc. for information technology research and advisory services in the total amount of $102,131.97. J.Council consider approving the renewal of an annual maintenance agreement with Tyler Technologies of Plano, TX. K.Council consider a resolution approving the six (6) month contract to provide automotive lubricants for use in City vehicles and equipment. L.Council consider a resolution authorizing the purchase of a John Deere 1050P Dozer with a landfill package for use in the Solid Waste Landfill Department. M.Council consider a resolution approving the purchase of twelve (12) golf carts for use at the Henry Homberg Golf Course. N.Council consider a resolution approving the purchase of eight mowers for use in Parks & Greenspace and Highway Maintenance. O.Council consider a resolution authorizing the purchase of P-3012 Weedoo TC Diesel model work boat for use in the Water Reclamation Department. P.Council to consider a resolution to approve the purchase of end-of-life (EOL) technology equipment from CDWG of Vernon Hills, Illinois. REGULAR AGENDA 1.Council to consider a resolution providing for the reimbursement of a capital expenditure incurred prior to the closing of financing. 2. Council to consider a resolution providing for the reimbursement of a capital expenditure incurred prior to the closing of financing. 3.Council consider a resolution authorizing the City Manager to award a contract to Vortex Services, LLC, of Houston, for the Civic Center and City Hall Cavities Repair Emergency Project. 4.Council to consider a resolution approving a contract with Public Management, of Cleveland, Texas, for grant administrative services related to the Mitigation Reallocation Program (MRP) through the Texas General Land Office (GLO). 5.Council to consider a resolution authorizing the City Manager to award a contract to Brystar Contracting, Inc., of Beaumont, Texas for the Auto Sampling Flushing Station Installations Project. COUNCIL COMMENTS 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:Christopher S. Boone, City Manager PREPARED BY:Tina Broussard, City Clerk MEETING DATE:October 20, 2026 REQUESTED ACTION:Council to consider approving September 29, 2026, special meeting minutes, October 6, 2026, special meeting minutes and October 6, 2026, regular meeting minutes. BACKGROUND None FUNDING SOURCE None RECOMMENDATION Approval of the minutes ATTACHMENTS September 29, 2026 – Special October 6, 2026 - Special October 6, 2026 - Regular MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert “A.J.” Turner, At-Large ROY WEST, MAYOR Mike Williams, At-Large Cory Crenshaw, Mayor Pro Tem CITY COUNCIL MEETING Joey Hilliard, Ward II LaDonna Sherwood, Ward IIISEPTEMBER 29, 2026 Chris Durio, Ward IV Tina Broussard, City Clerk Chris Boone, City Manager Sharae Reed, City Attorney The City Council of the City of Beaumont, Texas, met in a Special session in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 on September 29, 2026, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m., to consider the following: OPENING Mayor West called the council meeting to order at 1:30 p.m. Invocation Pledge of Allegiance Roll Call Public Comment: Persons may speak on Regular Agenda items 1-3 or any other topic. Mayor West gave the invocation and led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor West, Mayor Pro Tem Crenshaw, Councilmembers Durio, Hilliard, Turner, Williams and Sherwood. Also, present were Chris Boone, City Manager, Laura Clark, Assistant City Manager, Sharae Reed, City Attorney and Tina Broussard, City Clerk. Public Comment: Persons may speak on Regular Agenda items 1-3 or any other topic. (Public comments can be heard or seen on the City of Beaumont’s website at beaumonttexas.gov) None REGULAR AGENDA 1.Council to consider an ordinance accepting the appraised roll and approving the property tax rate for the tax year 2026 (FY 2027). The Jefferson County Appraisal District submitted the Certified Appraisal Roll on July 20, 2026, in the amount of $ 11,354,798,325. Based on this taxable value, a property tax rate of $0.682933/$100 valuation for the tax year 2026 (FY2027) is proposed, which is greater than the current tax rate of .659663 but less than the no new revenue rate of .683976. The tax rate would be apportioned $0.468759/$100 valuation to the General Fund and $0.214174/$100 valuation to the Debt Service Fund. As required by Section 26.05 of the Tax Code: The tax rate consists of two components, each of which must be approved separately. Minutes – September 29, 2026 Approval of the ordinance. Councilmember Sherwood moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ACCEPTING THE CERTIFIED APPRAISAL ROLL FOR THE CITY OF BEAUMONT; ESTABLISHING A TAX RATE; PROVIDING FOR LEVYING, ASSESSING, AND COLLECTING OF AD VALOREM TAXES FOR THE TAX YEAR 2026 (FY 2027); PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Councilmember Durio seconded the motion. AYES:MAYOR WEST, MAYOR, COUNCILMEMBERS DURIO, TURNER, AND SHERWOOD NAYS:PRO TEM CRENSHAW, COUNCILMEMBERS HILLIARD AND WILLIAMS MOTION PASSED ORDINANCE 26-056 MAINTENANCE AND OPERATIONS Councilmember Sherwood moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE FOR THE MAINTENANCE AND OPERATIONS RATE OF $0.468759 CENTS PER $100 VALUATION. Councilmember Durio seconded the motion. AYES:MAYOR WEST, MAYOR, COUNCILMEMBERS DURIO, TURNER, AND SHERWOOD NAYS:PRO TEM CRENSHAW, COUNCILMEMBERS HILLIARD AND WILLIAMS DEBT SERVICE Councilmember Sherwood moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE FOR THE DEBT SERVICE RATE OF $0.214174 CENTS PER $100 VALUATION. Councilmember Durio seconded the motion. AYES:MAYOR WEST, MAYOR, COUNCILMEMBERS DURIO, TURNER, AND SHERWOOD NAYS:PRO TEM CRENSHAW, COUNCILMEMBERS HILLIARD AND WILLIAMS 2.Council to consider a resolution approving the award of a contract for Emergency and Disaster Standby Products, Services and Debris Removal. Request For Proposals were requested for a pre-positioned emergency standby products, services and debris removal contract to provide the City with the resources needed in an emergency event. Specifications allow for the contract to be awarded to one or more vendors as determined by the City on a primary, secondary, and tertiary basis. The contract will be awarded for a three-year term with the possibility of two additional one- year extensions. Minutes – September 29, 2026 Vendors were required to have performed at least three debris removal and disposal operations of at least 1,000,000 cubic yards, with two of those operations performed as the prime contractor in the last seven years. Bidders were also asked to provide information outlining their company’s background, organizational chart, list of subcontractors, technical experience, financial resources, training and professional experience, references, and mobilization plans. After evaluation by City staff, it was determined that the company offering the best value to the city was DRC Emergency Services, LLC. of Galveston, Texas. They have a background in disaster debris management and financial resources to ensure that the emergency and disaster standby products and subcontractors will be available to the City in the event of an emergency or disaster. DRC Emergency Services is recommended as the City’s primary contractor. A secondary contract with CTC Disaster Response, Inc. of Fayatte, Missouri, is recommended and would be utilized in the event DRC could not provide the requested products and services. In addition, a contract with a third vendor, Ceres Environmental Services, Inc. of Sarasota, Florida is recommended as the tertiary contract in the event additional disaster services are required. The budgetary impact of awarding these contracts is contingent upon the occurrence of a declared disaster or emergency and the degree of resources needed at that time. Approval of the resolution. Councilmember Crenshaw moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH DRC EMERGENCY SERVICES, LLC., OF GALVESTON, TEXAS, AND TO EXECUTE A SECONDARY CONTRACT WITH CTC DISASTER RESPONSE, INC., OF FAYETTE, MISSOURI AND TO EXECUTE A TERTIARY CONTRACT WITH CERES ENVIRONMENTAL SERVICES, INC. OF SARASOTA, FLORIDA. Councilmember Hilliard seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM CRENSHAW, COUNCILMEMBERS DURIO, HILLIARD, TURNER, WILLIAMS AND SHERWOOD NAYS:NONE MOTION PASSED RESOLUTION 26-235 3.Council approval to rent equipment and personnel to assist the Solid Waste Division in heavy debris removal. BACKGROUND The City experienced an unusually high volume of heavy debris resulting from Tropical Storm Edouard. Although the Solid Waste Division continues to make progress, the city may need to rent additional roll-off dumpster trucks and drivers from DRC Emergency Services, LLC to expedite the debris removal process. Funds will come from the Solid Waste Fund. Minutes – September 29, 2026 Staff recommends Council approve spending up to $75,000 for the rental of this additional equipment and personnel. Councilmember Turner moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPROVE THE RENTAL EQUIPMENT AND PERSONNEL FROM DRC EMERGENCY SERVICES, LLC, TO ASSIST THE SOLID WASTE DIVISION, IN AN AMOUNT NOT TO EXCEED $75,000.00. Councilmember Williams seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM CRENSHAW, COUNCILMEMBERS DURIO, HILLIARD, TURNER, WILLIAMS AND SHERWOOD NAYS:NONE MOTION PASSED RESOLUTION 26-236 COUNCILMEMBER COMMENTS (Councilmember comments can be heard or seen on the City of Beaumont’s website at beaumonttexas.gov) With there being no Executive Session the meeting adjourned at 1:46 p.m. Roy West, Mayor Tina Broussard, City Clerk Minutes – September 29, 2026 MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert “A.J.” Turner, At-Large ROY WEST, MAYOR Mike Williams, At-Large Cory Crenshaw, Mayor Pro Tem CITY COUNCIL MEETING Joey Hilliard, Ward II LaDonna Sherwood, Ward IIIOCTOBER 6, 2026 Chris Durio, Ward IV Tina Broussard, City Clerk Chris Boone, City Manager Sharae Reed, City Attorney The City Council of the City of Beaumont, Texas, met in a Special session in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 on October 6, 2026, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 10:30 a.m., to consider the following: OPENING Mayor West called the council meeting to order at 10:30 a.m. Invocation Pledge of Allegiance Roll Call Proclamations: National Ovarian and Breast Cancer Awareness Month SETX Energy Day Fire Prevention Month International Infection Prevention Week National Disability Employment Awareness Month Domestic Violence Awareness Month th 125 Anniversary of the Salvation Army Public Comment: Persons may speak on the Executive Session. None Mayor West gave the invocation and let the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor West, Mayor Pro Tem Crenshaw (arrived at 10:39 a.m.), Councilmembers Durio (10:36 a.m.), Hilliard, Williams and Sherwood (arrived at 10:36 a.m.). Absent: Councilmember Turner. Also, present were Chris Boone, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Public Comment: Persons may speak on the Executive Session. (Public comments can be heard or seen on the City of Beaumont’s website at beaumonttexas.gov) None Minutes – October 6, 2026 Mayor West read the announcement regarding Executive Session being held after the conclusion of Councilmember Comments. EXECUTIVE SESSION Deliberate the appointment, employment and duties of the City Clerk position in accordance with Section 551.074 of the Government Code – Personnel Matters Open Session of the meeting adjourned at 11:10 a.m. Roy West, Mayor Tina Broussard, City Clerk Minutes – October 6, 2026 MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert “A.J.” Turner, At-Large ROY WEST, MAYOR Mike Williams, At-Large Cory Crenshaw, Mayor Pro Tem CITY COUNCIL MEETING Joey Hilliard, Ward II LaDonna Sherwood, Ward IIIOCTOBER 6, 2026 Chris Durio, Ward IV Tina Broussard, City Clerk Chris Boone, 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 October 6, 2026, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m., to consider the following: OPENING Mayor West called the council meeting to order at 1:30 p.m. Invocation Pledge of Allegiance Roll Call Presentations Public Comment: Citizens may speak on the Consent Agenda and Regular Agenda Items 1-4 & 11 or any other topic. Items 5-8 have already been heard in a Public Hearing; therefore, citizens cannot speak on those items. Citizens wishing to speak on Items 9 & 10 will be given the opportunity to speak during the Public Hearing. Reverend James Pevehouse with St. Mark’s Episcopal Church gave the invocation. Mayor West led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor West, Mayor Pro Tem Crenshaw, Councilmembers Durio, Hilliard, Turner, Williams and Sherwood. Also, present were Chris Boone, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Public Comment: Citizens may speak on the Consent Agenda and Regular Agenda Items 1-4 & 11 or any other topic. Items 5-8 have already been heard in a Public Hearing; therefore, citizens cannot speak on those items. Citizens wishing to speak on Items 9 & 10 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) JoAnn Harvey8550 Phelan Blvd.Beaumont TX CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non- controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) Minutes – October 6, 2026 A.Council to consider approving City Council meeting minutes of the special meeting on September 22, 2026, at 4:30 p.m., and the regular meeting on September 22, 2026, at 5:30 p.m. B.Council consider a resolution authorizing the City Manager to apply for and receive funding through the FY 2026 Edward Byrne Memorial Justice Assistance Grant Program and to execute all documents necessary, including an inter-local agreement with the City of Port Arthur and Jefferson County in order to request the funds – Resolution 26-237 C.Council to consider a Resolution to update the Public Participation Plan – Resolution 26- 238 D.Council consider a resolution approving the construction of a Fuel Canopy at the Beaumont Transit Facility – Resolution 26-239 E.Council consider a resolution accepting maintenance of the street, storm sewer, water, and sanitary sewer improvements in Emerald Point Subdivision – Resolution 26-240 F.Council consider a resolution to approve the renewal of the annual maintenance agreement for the financial software package used across all departments – Resolution 26-241 G.Council consider a resolution to approve the renewal of an annual maintenance agreement with Systemates, Inc., located in Richardson, TX – Resolution 26-242 H.Council consider a resolution rejecting the bids received for the Loeb Well No. 3 Rehabilitation and Pump Replacement Project – Resolution 26-243 I.Consider authorizing the Beaumont Convention and Visitors Bureau to apply for grant monies from the Jefferson County Tourism Commission (JCTC), in the amount of $13,210, a portion of the cost for the advertisement billboard in Mont Belvieu, TX – Resolution 26-244 J.Council to consider a resolution authorizing the City Manager to accept maintenance and authorize final payment to SETEX Construction Corp., for the Fannett Road Sidewalk Improvements – Resolution 26-245 Councilmember Durio moved to approve the Consent Agenda. Councilmember Hilliard seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM CRENSHAW, COUNCILMEMBERS DURIO, HILLIARD, TURNER, WILLIAMS AND SHERWOOD NAYS:NONE MOTION PASSED REGULAR AGENDA 1.Council to consider a resolution authorizing the City Manager to execute Change Order No. 1 to the contract with Southern Trenchless Solutions, LLC, of La Feria, TX for the City-Wide Manhole Rehabilitation – Phase I Project. Minutes – October 6, 2026 On April 2, 2026, by Resolution No. 26-115, City Council awarded a contract to Southern Trenchless Solutions, LLC, of La Feria, TX for the City-Wide Manhole Rehabilitation – Phase I Project in the amount of $348,235.00. Proposed Change Order No. 1, in the amount of $21,750.00, is requested to address unforeseen field conditions encountered at two (2) manholes. The change order adds one (1) bid item, removes two (2) bid items, and adjusts the quantity of one (2) bid item necessary to complete the work. If approved, Change Order No. 1 will result in a new contract amount of $369,985.00 and add thirty (30) calendar days to the contract time. Funds will come from Water Revenue Bonds. Approval of the resolution. Councilmember Sherwood moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ACCEPT CHANGE ORDER NO. 1, WITH SOUTHERN TRENCHLESS SOLUTIONS, LLC, OF LA FERIA, TX, IN THE AMOUNT OF $21,750.00, THEREBY MAKING THE NEW CONTRACT AMOUNT $369,985.00, FOR THE CITY-WIDE MANHOLE REHABILITATION – PHASE I PROJECT; AND, THAT THIRTY (30) ADDITIONAL CALENDAR DAYS ARE ADDED TO THE CONTRACT. Councilmember Durio seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM CRENSHAW, COUNCILMEMBERS DURIO, HILLIARD, TURNER, WILLIAMS AND SHERWOOD NAYS:NONE MOTION PASSED RESOLUTION 26-246 2.Council to consider a resolution authorizing eminent domain proceeding to acquire a Utility Easement located at 977 Forrest Street. In August 2025, Archie Ray Victoria, owner of the property located at 977 Forrest Street, contacted the Public Works Department regarding concerns that electrical lines associated with the lift station located at the corner of Forrest Street and Long Avenue were hanging at a low height. After evaluating the site, City staff determined that the electrical service and control box could be relocated closer to the lift station and fencing installed around the facility if a utility easement could be obtained from the property owner. These improvements would improve access control and allow the electrical equipment to be relocated within the proposed easement area. The property owner initially indicated a willingness to convey the utility easement. On November 19, 2025, the City initiated efforts to acquire a utility easement across the property located at 977 Forrest Street. Between November 19, 2025 and August 3, 2026, City staff made multiple attempts to contact the property owner to negotiate the easement acquisition. Communications were sent by certified mail, regular U.S. mail, telephone, and Minutes – October 6, 2026 hand-delivered correspondence to the owner’s mailing address at 4910 Avie Lane, Beaumont Texas. The property owner did not respond to these communications. The subject property was appraised by Cook & Associates, Inc. as follows: Parcel #: 50122 Legal Description: 1400.12 Square Feet (0.0321-Acre) Utility Easement, out of and Part of Lot 1, Block 15, situated in the Jirou Addition Owner: Archie Ray Victoria Value: $2,000.00 Because the property owner has not conveyed the utility easement needed for the proposed improvements, the City must initiate eminent domain proceedings to acquire the required easement. Under Texas law, the exercise of eminent domain authority must be authorized by the governing body through a specific motion and recorded vote. Staff therefore requests City Council authorization to proceed with the acquisition of the utility easement through eminent domain. Funds will come from Water Revenue Bonds. Approval of the resolution. Councilmember Sherwood moved to APPROVE A RESOLUTION THAT THE CITY MANAGER AND CITY ATTORNEY IS HEREBY AUTHORIZED TO INITIATE EMINENT-DOMAIN PROCEEDINGS ON BEHALF OF THE CITY OF BEAUMONT TO ACQUIRE THE UTILITY EASEMENT AND TO TAKE ALL ACTIONS NECESSARY OR APPROPRIATE TO COMPLETE THE ACQUISITION. Councilmember Durio seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM CRENSHAW, COUNCILMEMBERS DURIO, HILLIARD, TURNER, WILLIAMS AND SHERWOOD NAYS:NONE RECORD VOTE: MAYOR WEST – YESCOUNCILMEMBER TURNER - YES MAYOR PRO TEM CRENSHAW – YESCOUNCILMEMBER WILLIAMS - YES COUNCILMEMBER DURIO – YESCOUNCILMEMBER SHERWOOD - YES COUNCILMEMBER HILLIARD - NO MOTION PASSED RESOLUTION 26-247 3.Council to consider a Resolution to amend the OCI Clean Ammonia, LLC Industrial District Agreement Phase I and Phase II. Minutes – October 6, 2026 The OCI Clean Ammonia, LLC Industrial District Agreement was executed in 2022. OCI Clean Ammonia, LLC was acquired by Woodside Energy Group in March 2026. Woodside Energy Group changed the legal entity name from OCI Clean Ammonia, LLC to Beaumont New Ammonia, LLC. This is a change in name only and other company details including addresses, Tax ID, EIN and corporate registration numbers will remain the same. The attached Phase I Amendment reflects the legal entity name change and identifies Tax Year 2026 as Year 1 of the 15-year abatement schedule. Major critical construction milestones were completed in December 2025. Non-critical construction continued through Q1 of 2026. The plant operations have continued as normal throughout the quarter. A significant development was the occupation of the new administration building on June 1, 2026. That transition marks another milestone in ongoing progress. To date, $394,747.00 has been invoiced and collected. Per the reports submitted, local spend since 2024 totals approximately $315,543,978.66. Approve the Resolution. Councilmember Williams moved to APPROVE A RESOLUTION THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO APPROVE THE AMENDMENT TO THE PHASE I AND PHASE II AGREEMENTS WITH BEAUMONT NEW AMMONIA, LLC; AND WHERE A NEW RESOLUTION IS NEEDED TO AMEND THE PHASE I AND PHASE II AGREEMENTS TO REFLECT THE LEGAL ENTITY NAME CHANGE. Councilmember Hilliard seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM CRENSHAW, COUNCILMEMBERS DURIO, HILLIARD, TURNER, WILLIAMS AND SHERWOOD NAYS:NONE MOTION PASSED RESOLUTION 26-248 4.Council to consider an amendment to Chapter 2 of the City Code of Ordinances. Ordinance 84-163 established the Police Department and duties of the Police Chief in Chapter 2 of the City Code of Ordinances. Chapter 2 was amended, and the establishment section for the Police Department was removed. While not required, this establishment provision is considered best practice and necessary for the Police Department's accreditation process. Approval of the ordinance. Councilmember Hilliard moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 2, DIVISION 2, SECTION 2.03.035, OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ESTABLISH THE POLICE DEPARTMENTS RESPONSIBILITY FOR THE CIVIL DEFENSE FUNCTIONS OF THE CITY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Councilmember Williams seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM CRENSHAW, COUNCILMEMBERS DURIO, HILLIARD, TURNER, WILLIAMS AND SHERWOOD Minutes – October 6, 2026 NAYS:NONE MOTION PASSED ORDINANCE 26-057 5.Council to consider a request for a Specific Use Permit to allow a restaurant within a GC- MD-2 (General Commercial-Multiple Family Dwelling-2) zoning district for property located at 505 25th Street. Rickey Mattern is seeking approval of a Specific Use Permit to allow a restaurant to be located at 505 25th Street. The business operations will include sale of gelatos, specialty drinks, and hand-held foods. The subject property is located at the western corner of 25th Street and Calder Avenue and was rezoned to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) in 2023. At a Joint Public Hearing held on September 21, 2026, the Planning Commission recommended 5:1 to deny the request for a Specific Use Permit to allow a restaurant within a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) zoning district for property located at 505 25th Street. Should City Council choose to approve this request, staff is recommending the following conditions: 1.Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s back- flow, pre-treatment and/or FOG program. 2.No permanent structures or appurtenances shall be placed within the easement, alleyway or right-of-way property. 3.Construction plans shall comply with all applicable Building and Fire Codes. 4.Construction plans shall be in compliance with Section 28.04.006 Landscaping and screening requirements. 5.All lighting installed must be directional and shielded from all residential properties to the north, northeast and east. 6.All business operations shall be in compliance with Section 28.04.007 Performance Standards. 7.Shall not interfere with the existing drainage system to the west of the property operated by Drainage District #6. 8.Shall submit a parking plan subject to approval by the Public Works Director. 9.Driveway entrances shall be offset 10’ from the property line. Minutes – October 6, 2026 10.Shall provide an accessible route from parking spaces to building entrance in accordance with applicable ADA requirements. 11.Shall design the parking lot so that it does not encroach into the right-of way maintaining a minimum 30’ setback from intersection and shall not conflict with existing utilities. Denial of the ordinance. Mayor Pro Tem Crenshaw moved to DENY AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RESTAURANT IN A GC-MD-2 (GENERAL TH COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 505 25 STREET, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Hilliard seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM CRENSHAW, COUNCILMEMBERS DURIO, HILLIARD, TURNER, WILLIAMS AND SHERWOOD NAYS:NONE MOTION PASSED 6.Council to consider a request for a Rezoning a portion of a property from R-S (Residential-Single Family Dwelling) to GC-MD (General Commercial-Multiple Family Dwelling) or a more restrictive zoning district for property located at 3750 E. Lucas Drive. Soutex Surveyors, on behalf of the Pioneer Presbyterian Church, is requesting approval of a Rezoning of approximately two (2) acres of land located behind the church at 3750 East Lucas Drive from R-S (Residential-Single Family Dwelling) to GC-MD (General Commercial-Multiple Family Dwelling) or a more restrictive zoning district. The purpose of the request is to allow for the entire church property to be zoned commercial. According to the Comprehensive Plan the property is located within a Stable Area, “these are built up areas which are generally characterized by good to excellent structural conditions and neighborhoods that are free from blighting influences such as incompatible land uses, dilapidated and delict buildings and a deteriorated or poor public infrastructure. Vacant parcels which may exist are good to excellent development areas.” Commercial development along this corridor is appropriate given its proximity to Concord Road and the Eastex Freeway, with consideration encouraged to ensure compatibility with nearby residential uses to the north and west. At a Joint Public Hearing held on September 21, 2026, the Planning Commission recommended 6:0 to approve the request for a Rezoning a portion of a property from R S (Residential-Single Family Dwelling) to GC-MD (General Commercial-Multiple Family Dwelling) or a more restrictive zoning district for property located at 3750 E. Lucas Drive. Approval of the ordinance. Councilmember Sherwood moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP Minutes – October 6, 2026 OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONE R-S (RESIDENTIAL-SINGLE FAMILY DWELLING) DISTRICT TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 3750 E. LUCAS DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Hilliard seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM CRENSHAW, COUNCILMEMBERS DURIO, HILLIARD, TURNER, WILLIAMS AND SHERWOOD NAYS:NONE MOTION PASSED ORDINANCE 26-058 7.Council to consider a request for a Specific Use Permit to allow an administrative office and professional services within an RCR-H (Residential Conservation Revitalization- Historic) zoning district for property located at 2115 Mcfaddin Avenue. Paige Hammers is seeking approval of a Specific Use Permit to allow administrative offices and professional services to be located at 2115 Mcfaddin Avenue. Longhorn Community Management, LLC is a locally owned and operated property and community association management company. The primary use of this property will serve as an administrative office for employees to answer calls, maintain files and general bookkeeping with operational hours being Monday through Friday 8AM to 5PM. At a Joint Public Hearing held on September 21, 2026, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow an administrative office and professional services within an RCR-H (Residential Conservation Revitalization-Historic) zoning district for property located at 2115 Mcfaddin Avenue, with the following conditions: 1.Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s back- flow, pre-treatment and/or FOG program. 2.The establishment and property premises shall be in compliance with the building code, fire code, zoning code, offenses and nuisance code, health and sanitation code and all other applicable codes of the city. Approval of the ordinance, with the following conditions: 1.Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s back- flow, pre-treatment and/or FOG program. 2.The establishment and property premises shall be in compliance with the building code, fire code, zoning code, offenses and nuisance code, health and sanitation code and all other applicable codes of the city. Minutes – October 6, 2026 Councilmember Hilliard moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN ADMINISTRATIVE OFFICE AN PROFESSIONAL SERVICES IN AN RCR-H (RESIDENTIAL CONSERVATION REVITALIZATION-HISTORIC) DISTRICT FOR PROPERTY LOCATED AT 2115 MCFADDIN AVENUE, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Williams seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM CRENSHAW, COUNCILMEMBERS DURIO, HILLIARD, TURNER, WILLIAMS AND SHERWOOD NAYS:NONE MOTION PASSED ORDINANCE 26-059 8.Council to consider a request for a Specific Use Permit to allow an administrative office within a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) zoning district for property located at 5430 Concord Road. Stephanie Chatman is requesting a Specific Use Permit to allow an administrative office to be located at 5430 Concord Road within a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) zoning district. The proposed structure will be a 16’ x 50’ building situated to the rear of the property. Intended operations include record keeping, client communications, vendor transactions and administrative work. At a Joint Public Hearing held on September 21, 2026, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow an administrative office within a GC-MD-2 (General Commercial-Multiple Family Dwelling 2) zoning district for property located at 5430 Concord Road, with the following conditions: 1.Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City’s backflow, pre-treatment, and/or FOG program. 2.Construction shall comply with Drainage District No. 6’s drainage criteria. 3.Construction shall comply with the adopted Building and Fire Codes. Approval of the ordinance, with the following conditions: 1.Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City’s backflow, pre-treatment, and/or FOG program. 2.Construction shall comply with Drainage District No. 6’s drainage criteria. 3.Construction shall comply with the adopted Building and Fire Codes. Councilmember Sherwood moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN ADMINISTRATIVE OFFICE IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT Minutes – October 6, 2026 5430 CONCORD ROAD, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Williams seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM CRENSHAW, COUNCILMEMBERS DURIO, HILLIARD, TURNER, WILLIAMS AND SHERWOOD NAYS:NONE MOTION PASSED ORDINANCE 26-060 PUBLIC HEARING Council to conduct a Public Hearing to receive comments regarding the proposed update to the City of Beaumont Comprehensive Plan Public Hearing Open: 2:00 p.m. None Public Hearing Close: 2:16 p.m. Presentation was done during the Public Hearing 9.Council to consider an ordinance adopting the City of Beaumont Comprehensive Plan. The City of Beaumont initiated an update to its Comprehensive Plan to establish a long- range vision and policy framework to guide the City’s future growth, development, mobility, infrastructure, and quality of life. Developed with extensive input from the Comprehensive Plan Steering Committee, focus groups, residents, stakeholders, and City staff, the updated Plan reflects the community’s priorities and establishes goals and recommended actions for Beaumont’s future. The Comprehensive Plan serves as a guiding document for City decision-making and does not, by itself, appropriate funding or require implementation of individual projects. Recommended actions will be considered over time based on available resources and City Council priorities through the annual budget, Community Investment Plan, Strategic Plan, and other future actions of City Council. Able City, LLC was engaged by Resolution No. 25-173 to assist the city with development of the updated Comprehensive Plan. All costs associated with the Plan are fully funded by the $300,000 grant awarded to the City through the Texas General Land Office’s Resilient Communities Program, as authorized by Resolution No. 24-097. At a Joint Public Hearing held on September 21, 2026, the Planning Commission recommended 6:0 to approve the request to approve the updated City of Beaumont Comprehensive Plan. Approve the Ordinance. Minutes – October 6, 2026 Councilmember Hilliard moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ADOPTING THE UPDATED CITY OF BEAUMONT COMPREHENSIVE PLAN; PROVIDING FOR ITS USE AS A GUIDE FOR FUTURE CITY DECISIONS; AND PROVIDING AN EFFECTIVE DATE. Councilmember Turner seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM CRENSHAW, COUNCILMEMBERS DURIO, HILLIARD, TURNER, WILLIAMS AND SHERWOOD NAYS:NONE MOTION PASSED ORDINANCE 26-061 PUBLIC HEARING Council to conduct a Public Hearing on a dangerous structure located at 1775 College Street. Public Hearing Open: 2:18 p.m. None Public Hearing Close: 2:19 p.m. 10.Council to adopt an ordinance to declare the structure located at 1775 College Street to be an unsafe structure and order the owner to raze the said structure within 10 days. If the property owner fails to comply within 10 days, staff is requesting City Council authorization to demolish this structure without further notification to the property owner or City Council action. Additionally, if the property owner of this structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full, or a payment plan shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within 10 days after the effective date of the ordinance. The structure located at 1775 College Street has been inspected by the Building Codes Division and found to be an unsafe structure as defined by the City of Beaumont’s Code of Ordinances, Chapter 24, Article 24.04 Unsafe Substandard Structures, Division 1, Sec. 24.04.001 of the 2021 International Property Maintenance Code. Additionally, this structure has deteriorated to a condition that it is no longer considered suitable for repair. Funds will come from the General Fund – Budgeted in the Demolition account. Approval of the Ordinance. Councilmember Sherwood moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE FINDING A CERTAIN STRUCTURE LOCATED AT 1775 COLLEGE STREET, TO BE A PUBLIC NUISANCE AND ORDERING THE DEMOLITION AND REMOVAL OR REPAIR; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. Councilmember Hilliard seconded the motion. Minutes – October 6, 2026 AYES:MAYOR WEST, MAYOR PRO TEM CRENSHAW, COUNCILMEMBERS DURIO, HILLIARD, TURNER, WILLIAMS AND SHERWOOD NAYS:NONE MOTION PASSED ORDINANCE 26-062 WORK SESSION Council to review and discuss the City’s Water Metering System and the Water, Sewer and Solid Waste Billing Process 11.Council to consider an amendment to Chapter 22, Section 22.02 of the City Code of Ordinances. Councilmembers Crenshaw and Sherwood have requested consideration of an amendment extending the payment period for utility bill payments. The proposed amendment is intended to give customers additional time to pay their bills or address billing concerns before their accounts become delinquent. Section 22.02.003(a) of the Code of Ordinances currently provides that utility bills are payable within 30 days from the date of the bill. The proposed change would extend the payment period to extend 60 days. Funds will come from the Water Fund and Solid Waste Fund. Mayor Pro Tem Crenshaw moved to table the item for thirty (30) days. Councilmember Hilliard seconded the motion. MOTION PASSED COUNCILMEMBER COMMENTS (Councilmember comments can be heard or seen on the City of Beaumont’s website at beaumonttexas.gov) With there being no Executive Session, the meeting adjourned at 4:25 p.m. Roy West, Mayor Tina Broussard, City Clerk Minutes – October 6, 2026 B TO:City Council FROM:Christopher S. Boone, City Manager PREPARED BY:Tim Ocnaschek, Chief of Police MEETING DATE:October 20, 2026 REQUESTED ACTION:Council consider a resolution approving contracts for debris monitoring during an emergency event. BACKGROUND Bids were solicited for a contract to provide personnel for Debris Monitoring Services, to oversee the services provided by the debris removal company during an emergency event. The company is to provide timely reports to the City while verifying that the City is billed correctly for debris removal services and that FEMA guidelines are followed. Bid specifications requested firm hourly prices inclusive of wages, benefits, workers compensation, taxes and agency fees. This contract is for three (3) years with the option of two (2) additional-one (1) year extensions. Administration recommends the award of contracts to Tetra Tech of Maitland, Florida as the Primary; Metric Engineering of Miami, as the Secondary; and to Critical Response Strategies, LLC of Jacksonville, Florida as the Tertiary vendor, with a Quaternary award to Rostan of Lake Worth Florida. All are awarded as best value to the City. The budgetary impact of awarding these contracts is contingent upon the occurrence of a declared disaster and the degree of the resources needed at that time. Bid tabulation is attached. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS C TO:City Council FROM:Christopher S. Boone, City Manager PREPARED BY:Earl White, Fire Chief MEETING DATE:October 20, 2026 REQUESTED ACTION:Council consider 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, Chicago, Illinois, to provide onsite technical service, repair, inspection, and preventive maintenance for equipment utilized by the City’s Fire and EMS operations. The annual cost of the service agreement is $87,959.00. Stryker Medical is the manufacture of the equipment and is a sole source provider for maintenance. FUNDING SOURCE General Funds RECOMMENDATION Approval of the resolution. 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Pvs!QspBdujwf!bqqspbdi With ProCare Services, we offer you operational and financial peace of mind through three comprehensive offerings: ProCare Preventive Maintenance, ProCare Protect and ProCare Prevent. You will have confidence in your device’s state of readiness along with these additional benefits of your service plan. Zpvs!tfswjdf!efubjmt!bsf; Tqfdjbm!Pqt Qbsut-!mbcps!boe!usbwfm!)QMU*! Our most inclusive service offering. All parts, This is a premium, fully customizable service based labor and travel associated for repairs of contracted on your installed assets. This white-glove experience products are included in the cost of the service is designed to complete large scale PM projects in a agreement. This does not include replacement of short amount of time, typically within a week. Services soft goods or accessories (i.e. mattresses, restraints, include PM’s, product unboxing and set up, power removable parts) and is not available for AEDs.washing, all repair work as well as other customer or field initiatives. Nbjoufobodf!jotqfdujpot Qsfwfoujwf!Nbjoufobodf!)QN* Contracted products receive an annual PM for Stryker Medical products past their service life, the length of the service agreement. PM-only with this entitlement, will receive one maintenance agreements do not cover any necessary repairs inspection annually for the duration of the service identified through the PM process. For details on agreement. This does not include any repair work or preventive maintenance, refer to applicable product any work that is part of the PM process. Additional sheet. Preventive maintenance can also be done as inspections are available for purchase. individual billable work. Cbuufsz!tfswjdf •Additional Preventive Maintenance: Stryker Medical products with this entitlement Contracted products on a PM-only contract can can have the batteries replaced, as a one-for-one receive an additional PM at the 6-month mark swap, upon failure, during the length of the service for the length of the service agreement. agreement. Dbtf!Dibohf ® Stryker defibrillators, AEDs and LUCASproducts with this entitlement are allowed an agreed upon and documented number of case changes, upon failure, during the length of the service agreement. Stryker or its affiliated entities own, use, or have applied for the following trademarks or service marks: LUCAS, ProCare, Stryker.3800 E. Centre Avenue All other trademarks are trademarks of their respective owners or holders. The absence of a product, feature, or service name, or logo from this Portage, MI 49002 USA list does not constitute a waiver of Stryker’s trademark or other intellectual property rights concerning that name or logo. stryker.com 08/2025 E C-GSNPS-BROC-2126150_REV-0_en_us Copyright © 2025 Stryker MJT MJT QVSDIBTF!PSEFS!GPSN Epft!uif!Dvtupnfs!sfrvjsf!b!QP$!po!jowpjdft!gps!qbznfou@ !!Op!!Zft !Jg!zft-!ep!opu!vtf!uijt!gpsn/ Difdl!cpy!dpogjsnjoh!CJMM!UP!boe!TIJQ!UP!po!rvpuf!jt!bddvsbuf/ ! !!DJUZ!PG!CFBVNPOU!GJSF!BOE!SFTDVF! !!22422137!%98-:6:/11! ! 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Boone, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:October 20, 2026 REQUESTED ACTION:Council to consider a resolution amending the existing agreement with Legacy Community Development Corporation to grant an extension of time for the HOME-ARP Tenant Based Rental Assistance Project. BACKGROUND On December 2, 2025, the City Council adopted Resolution No. 25-316, authorizing the City Manager to extend the existing agreement with Legacy Community Development Corporation (Legacy CDC) to administer the Tenant-Based Rental Assistance (TBRA) Project. The current agreement expires on October 31, 2026. Legacy CDC has requested an extension through August 31, 2027. Three active leases remain under the program, with the final lease set to expire July 2, 2027. The requested extension will provide sufficient time for Legacy CDC to complete the remaining leases, close out the project, and submit final reimbursement requests. Additionally, the total Allocated Sum is reduced to $175,883.66. Of the remaining funds, $12,895 is allocated to the TBRA Project, and $3,223.75 is allocated for project delivery. The Agreement and Exhibit A-2 Budget reflect the aforementioned. FUNDING SOURCE U.S. Department of Housing and Urban Development, HOME Investment Partnership Funds HOME ARP 2021. RECOMMENDATION Approve the Resolution. ATTACHMENTS Draft 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 EIGHT THOUSAND TWO HUNDRED FIFTEEN AND 00/100 Dollars ($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, A-1 and A-2 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, A-1 and A-2 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, A-1 and A-2 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, A-1 and A-2. ARTICLE IV BUDGETS In consideration of the provision of services by the Subrecipient, the City is allocating an amount of $202,821 $175,883.66 in Article III above. Additional requirements of the Project shall be as described in Exhibits A, A- 1 and A-2, whereas the controlling budget is Exhibit A-2, attached hereto and incorporated by reference. The Allocated Sum is to be requested by October 31, 2026 August 31, 2027. 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 August 31, 2027, 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 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, 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: 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 4 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 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. 4. If any costs are disallowed up to five (5) years after the expiration of this 5 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 Planning & 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 PUBLIC RECORDS 6 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 AMENDMENTS 7 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 the agreement, provided that all required documents are submitted to the City withing thirty (30) days of the date of termination. 8 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 opportunity and fair housing requirement, and any other applicable data the City 9 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. 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. 10 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 e 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. ARTICLE XV 11 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. 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 12 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 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 lease or by means of an attach addendum that controls notwithstanding any contrary provision of the lease: 13 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. 10. SUBRECIPIENT shall require each owner that is a party to a lease to adopt written tenant selection criteria that: 14 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 2026 Fair Market Rents by Unit Bedrooms for the City of Beaumont Metropolitan Area. 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; 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 15 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. 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. 16 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 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 17 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 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 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. 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: 18 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. ARTICLE XXI 19 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, 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 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 20 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 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. 21 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. c. Bodily injury and personal injury, including death: $1,000,000.00 each person; 22 $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. ARTICLE XXX UNIFORM ADMINISTRATIVE REQUIREMENTS 23 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 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 24 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 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 25 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 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 26 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. 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. 27 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, A-1 and A-2, 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 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 28 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. APPROVED IN FORM ______________________________ Sharae Reed City Attorney 29 CITY OF BEAUMONT ___________________________________ Christopher S. Boone 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 $202,821 Assistance $162,821 Administration of Project $40,000.00 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 EXHIBIT A-2 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: $175,883.66 Assistance $143,841 Project Delivery to Legacy CDC $32,042.66 *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. 33 E TO:City Council FROM:Christopher S. Boone, City Manager PREPARED BY:Angela Wright, Chief Technology Officer MEETING DATE:October 20, 2026 REQUESTED ACTION:Council consider a resolution approving the renewal of an annual maintenance agreement for a third-party cybersecurity monitoring service. BACKGROUND The current solution is being used by the Information Technology department citywide on all computers and servers to detect and respond to cybersecurity threats. This service provides managed endpoint security, continuous threat monitoring, incident investigation and response, vulnerability visibility, identity protection, data loss prevention, and device control capabilities. The service helps protect City technology assets and sensitive information by detecting, analyzing, and responding to security threats while enforcing controls over data movement and peripheral device usage. The service functions as an extension of the City’s cybersecurity team by providing 24/7 threat monitoring, investigation, and response with a guaranteed response time of sixty minutes. Without this service, the City would need personnel available around the clock to continuously monitor systems and respond to cybersecurity incidents at any hour. This agreement is for an annual period beginning on October 31, 2026, in the amount of $211,585.06. Pricing was obtained through the Texas DIR purchasing cooperative, which provides government entities with the means to purchase information technology at volume prices under Texas procurement statutes. FUNDING SOURCE General, HOT, Airport, Municipal Court Technology, Water, Solid Waste, Transit, and Fleet Funds. RECOMMENDATION Approval of the resolution. F TO:City Council FROM:Christopher S. Boone, City Manager PREPARED BY:Angela Wright, Chief Technology Officer MEETING DATE:October 20, 2026 REQUESTED ACTION:Council consider a resolution to approve the purchase of end- of-life (EOL) software replacements from SHI of Somerset, Franklin Township, NJ. BACKGROUND The City follows a structured technology replacement cycle to maintain security, compatibility, and operational readiness. While workstation hardware is replaced on a scheduled five-year cycle, software products are replaced when they reach the manufacturer's end of support or no longer meet industry security requirements. This includes replacement of 483 Microsoft Office 2021 licenses, which are now at or near end of support and must be upgraded to maintain compatibility and security. Pricing was obtained under DIR Cooperative purchasing contracts to provide competitively procured pricing and comply with applicable Texas procurement requirements. The total quoted cost is $155,221.71. FUNDING SOURCE Capital Reserve. RECOMMENDATION Approval of resolution. G TO:City Council FROM:Christopher S. Boone, City Manager PREPARED BY:Angela Wright, Chief Technology Officer MEETING DATE:October 20, 2026 REQUESTED ACTION:Council consider a resolution approving the annual software renewal for Laserfiche, the City’s document management and records retention system, from MCCi, LLC of Tallahassee, Florida. BACKGROUND Laserfiche is the City’s enterprise document management and records retention system. It is used by all departments for electronic records storage, document workflow automation, and secure file retrieval. The system supports critical City operations, including invoicing, the public records portal, archived documents, personnel records, financial records, and archived electronic forms. Laserfiche enhances operational efficiency, compliance with record retention requirements, and digital access to City records. MCCi, LLC is the authorized reseller and support provider for Laserfiche software and associated maintenance. The renewal includes continued licensing, system updates, and technical support for one year. The total cost for the annual renewal is $57,782.41 for the term beginning December 4, 2026, through December 3, 2027. FUNDING SOURCE General, Municipal Court Technology, Water, Fleet, Solid Waste, Hotel Occupancy Tax (HOT), Airport, and Transit Funds. RECOMMENDATION Approval of Resolution. AI assistance was used in drafting this agenda memo. H TO:City Council FROM:Christopher S. Boone, City Manager PREPARED BY:Angela Wright, Chief Technology Officer MEETING DATE:October 20, 2026 REQUESTED ACTION:Council consider a resolution approving an annual maintenance renewal agreement for a third-party email security and SPAM filtering service. BACKGROUND The City’s information systems continue to face increasing risks from phishing, business email compromise, and other advanced cyber threats. The current security solution is utilized by the Information Technology department to safeguard citywide email systems against these risks. The service leverages advanced detection and response capabilities to identify suspicious activity, block malicious content, and automate incident response, significantly reducing the risk of account compromise and data loss. This also lessens the City’s need for dedicated staff to perform real-time threat analysis and response. This agreement is for a one-year renewal period beginning on October 1, 2026, in the amount of $65,771.91. Pricing was obtained through the Sourcewell cooperative, which provides government entities with the means to purchase information technology at volume prices under Texas procurement statutes. FUNDING SOURCE Funds: General, HOT, Airport, Court Technology, Water, Solid Waste, Transit, Fleet RECOMMENDATION Approval of the Resolution. I TO:City Council FROM:Christopher S. Boone, City Manager PREPARED BY:Angela Wright, Chief Technology Officer MEETING DATE:October 20, 2026 REQUESTED ACTION:Council consider a resolution approving a three-year renewal agreement with Info-Tech Research Group, Inc. for information technology research and advisory services in the total amount of $102,131.97. BACKGROUND The Information Technology Department uses Info-Tech Research Group’s research and advisory services to support technology planning, operational improvement, contract review, price benchmarking, software selection, staff development, and access to research, tools, and templates. The proposed three-year bundle includes Small Enterprise Advisory Membership services, core research and academy content, two web-access seats for the CTO and an IT team member, and one three-day online Small Enterprise workshop during each contract year. The agreement will run from November 30, 2026, through November 29, 2029. The annual cost is $34,043.99, for a total three-year amount of $102,131.97. Pricing is available through Texas Department of Information Resources Contract DIR-CPO-5251. FUNDING SOURCE General Fund - Information Technology. RECOMMENDATION Approval of the resolution. AI assistance was used in drafting this agenda memo. J TO:City Council FROM:Christopher S. Boone, City Manager PREPARED BY:Angela Wright, Chief Technology Officer MEETING DATE:October 20, 2026 REQUESTED ACTION:Council consider approving the renewal of an annual maintenance agreement with Tyler Technologies of Plano, TX. BACKGROUND Tyler Technologies’ Incode court software is utilized by the Municipal Court for case management and processing all court transactions, including citations, arraignments, warrants, jury management, and payments. This purchase is exempt from competitive bidding as it is available exclusively from a single source authorized to modify and maintain the software. This agreement, totaling $77,868.76, covers an annual period starting November 1, 2026. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. K TO:City Council FROM:Christopher S. Boone, City Manager PREPARED BY:Amalia Villarreal, P.E., CFM, Director of Public Works MEETING DATE:October 20, 2026 REQUESTED ACTION:Council consider a resolution approving the six (6) month contract to provide automotive lubricants for use in City vehicles and equipment. BACKGROUND Bids were solicited for a six (6) month contract to supply various automotive lubricants at fixed unit prices for the maintenance of City vehicles and equipment. Upon expiration of the initial term, the City may renew the contract for two (2) additional six (6) month periods at the awarded prices. One hundred sixty (160) vendors were notified via email as well as advertising on the City web page and in the local newspaper. Three (3) bids were received. Specifications stated that the City could award individual sections of the contract(s) to multiple vendors, or a single vendor, as determined to be in the best interest of the City. The Contract is divided into eight sections. Staff recommends the following awards: Sections 1, 3, 4, 5 and 6 to Safety Kleen of Norwell, MA, for a total amount of $52,800.71. Section 2 to Midtex of Humble for $1,390.00 Sections 7 and 8 to Synergy of Gilbert, CO, for a total of $26,838.55. The combined award for all remaining sections is $81,029.26 FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS See attached L TO:City Council FROM:Christopher S. Boone, City Manager PREPARED BY:Amalia Villarreal, P.E., CFM, Director of Public Works MEETING DATE:October 20, 2026 REQUESTED ACTION:Council consider a resolution authorizing the purchase of a John Deere 1050P Dozer with a landfill package for use in the Solid Waste Landfill Department. BACKGROUND Staff recommends the purchase of the following equipment from Doggett Equipment of Beaumont, • One (1) 1050 P-Tier Production Dozer Waste Handler • One (1) Semi U Blade with Trash Rack and Wear Plate. The total purchase cost is $794,900.00. Pricing was obtained through Sourcewell, a cooperative purchasing association that allows cities and political subdivisions to procure specialized equipment through competitively awarded contracts. Sourcewell complies with applicable State of Texas procurement requirements. The proposed equipment will replace Unit 5190, which has exceeded its useful service life. Upon replacement, Unit 5190 will be disposed of in accordance with the City’s surplus equipment policy. FUNDING SOURCE Solid Waste fund $794,900.00 RECOMMENDATION Approval of the resolution. ATTACHMENTS Quote attached. www.doggettequipment.com SALES QUOTATION 4355 West Cardinal Drive Salesperson:Ray Earnheart Cell: 409-893-4798 Beaumont, TX 77705 E-mail: Ray.earnheart@doggett.com Main Line: (409) 842-1754 Customer:CITY OF BEAUMONTManufacturer:JOHN DEERE Contact:JEFF HARVILLEModel:1050P Phone:409-842-5885Stock #:ORDER EmailSerial #:ORDER Date:10/02/2026 Expires:11/01/26 JD 1050P TRASH DOZER 2026Hours:0 Sales Price QuantityCodeDescription CodeDescription$794,900.00 06Z0T1050 P-Tier Production Dozer 0202United States 0259English 0351Translated Text Labels 4012JD14 13.6L - FT4/SV 0412 571826 In (660 mm) Extreme Service Shoes with Trapezoidal Holes - Extended Life Undercarriage 7636Semi-U Blade - 168 In (4267 mm) with Trash Rack and Wear Plate For Wastehandler 0603Cab - Level 1 Trim 70354 Function Electro-Hydraulic (EH) Control Valve 183E 294AFuture Release 1 8240Fuel Lines and Fittings, Severe Duty 8191Rear Storage Compartment with Strikers 8179Quick Service Package 8030Fire Extinguisher Bracket 8071Beacon Light 8039Non-Export Rust Preventive Coating LIMB RISERS SIDE SCREENS BACK SCREENS DOOR AND FRONT SCREENS REAR SCREENS Lead Time February 2027 John Deere Sourcewell # 011723-JDC VALUETRADE INFORMATIONPAYOFF Trade 1$0.00YEAR: MAKE: MODEL: DESCRIPTION: SERIAL: HOURS: $0.00 Trade 2$0.00YEAR: MAKE: MODEL: DESCRIPTION: SERIAL: HOURS: $0.00 Trade 3$0.00YEAR: MAKE: MODEL: DESCRIPTION: SERIAL: HOURS: $0.00 MONTHSHOURSWARRANTY COVERAGE TYPEWARRANTY EXPIRATION 484000Power Train + Hyd (H) MONTHSHOURSPREVENTATIVE MAINTENANCE CONTRACTNOTES 242000Parts and Fluids Financing OptionsMachine Sale Price$ 794,900.00 DEERE Annual Retail RateTermsMonthly Note Preventative Maintenance Contract$0.00 Trade In Values$0.00 TRUSTED 12 Trade In Payoff$0.00 24 Rental Credit less Interest$0.00 36 Cash Down Payment$0.00 48 Document Fees$0.00 60TOTAL Without Tax$794,900.00 72Applicable Tax/Insurance$0.00 DOGGETT Financing Options Subject to Credit Approval Total$794,900.00 STRONG M TO:City Council FROM:Christopher S. Boone, City Manager PREPARED BY:Amalia Villarreal, P.E., CFM, Director of Public Works MEETING DATE:October 20, 2026 REQUESTED ACTION:Council consider a resolution approving the purchase of twelve (12) golf carts for use at the Henry Homberg Golf Course. BACKGROUND Staff recommends the purchase of twelve (12) golf carts from the E-Z-GO Division of Textron Inc., Chicago, Illinois, in the amount of $109,958.76. The golf carts will replace twelve (12) existing units that are more than five years old, are in poor condition, and have exceeded their useful service lives. Upon replacement, the units will be disposed of in accordance with the City's surplus equipment policy. Pricing was obtained through Sourcewell, a cooperative purchasing association that allows cities and political subdivisions to procure specialized equipment through competitively awarded contracts. Sourcewell complies with applicable State of Texas procurement requirements. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS Quote attached. The Best Will Always Have Our Name On It. PREPARED FOR: Henry Homberg Golf Course Partner with the Industry Leader September 28, 2026 Jeff Harville Henry Homberg Golf Course PO BOX 3827 BEAUMONT, 77704 Dear Jeff Harville, E-Z-GO® is honored to prepare this exclusive proposal for Henry Homberg Golf Course and its members. For over 70 years, E-Z-GO has been at the forefront of innovation, reliability and service. We are committed to providing our customers with vehicle solutions that exceed expectations and perform to the demands of your facilities. E-Z-GO and Cushman® vehicles are manufactured with purpose in mind. We have taken the golf cart industry by storm with technologies such as the ELiTE® lithium powertrain activated by Samsung SDI technology, a powerful, reliable closed-loop EFI 13.5-hp gas engine, and our Pace Technology® systems. These technologies, paired with our reliable fleet and utility vehicle options, provide an experience refined to elevate and improve any course to a premium caliber. The E-Z-GO and Cushman advantage goes far beyond our products. You’ll gain access to a level of service and support unsurpassed in the industry, through the largest fleet of factory direct service technicians, our strong network of factory-owned branch locations and authorized distributors. Through highly reputable regional sponsorships, professional golfers and industry partners, we are dedicatedto advancing the game of golf and the industry that fuels it. Our constant pursuit for innovation, performance and customer service elevated our name to the premium provider in the industry. We’re committed to the game and will never stop looking for what’s next. Never settling has put our products on the most prestigious courses and facilities in the world so if you’re looking for the best, E-Z-GO and Cushman have you covered. As you review the enclosed materials, please do not hesitate to contact me with additional questions. I look forward to hearing from you soon, and to serving you at Henry Homberg Golf Course. With sincere appreciation, Steven Singh Territory Sales Mgr ssingh@textron.com Proposal Henry Homberg Golf Course September 28, 2026 RXV ELITE STANDARD FEATURES 5-YEAR BATTERY WARRANTYZERO MAINTENANCE BATTERIESADVANCED INTELLIBRAKE TECHNOLOGY SAMSUNG SDI LITHIUM BATTERIESUNBEATABLE ENERGY EFFICIENCYLOWEST COST OF OPERATIONS ACCESSORIES 12 2.2 Single ELiTE Battery Pack 12 Premium Steering Wheel 12 Body Color Black 12 Standard Seat Stone Beige 12 Hole-in-One 18x8.50-8, 4 Ply, White Steel Wheel 12 8 Spoke, Metallic Gold 8" 12 Light World Charger, ELiTE (3 m \[10 ft\] Cord) 12 Frame - E-Shield E-Coat Enhanced Coating 12 Fender Scuff Guard 12 USB Port 24 Sand Bottle (Single) (Both) 12 Message Holder - 54" Canopy Only 12 Sun Canopy, 54" Stone Beige 12 Windshield, Fold Down (54') 12 Fuel Surcharge 12 Custom Logo/Decals 12 Freight \\i1\\ } MODEL YEAR 2027 LimitedWarrantyTermsandConditions–RXVELiTEFleetVehicles The Textron E-Z-GO LLC. (“Company”) provides that any new Model Year 2027 E-Z-GO RXV Fleet Elite electric vehicle (Vehicles factory equipped with a lithium battery pack) (the “Vehicles”) and/or the battery charger for the Vehicle’slithium battery pack purchased from the Company, a Company affiliate, or an authorized Company dealer or distributor, or leased from a leasing company approved by the Company, shall be free from defects in material or workmanship under normal use and service (the “Limited Warranty”). This Limited Warranty with respect only to parts and labor is extended to the Original Retail Purchaser or the Original Retail Lessee (“Purchaser”) for defects reported to the Company no later than the following warranty periods for the Vehicle parts and components set forth below (the “Warranty Period”): Part or ComponentWarranty Period FRAME - WORKMANSHIPLIFETIME SUSPENSION - Steering Gearbox, steering column, shocks and leaf springs4 Years MAJOR ELECTRONICS – Electric motor, solid state speed controller4 Years LITHIUM BATTERY SYSTEM – Battery pack, battery management system, battery charger, and charger receptacle5 Years PEDAL GROUP - Pedal assemblies, and motor brake4 Years SEATS - Seat bottom, seat back and hip restraints3 Years CANOPY SYSTEM - Canopy and canopy struts4 Years POWERTRAIN – Electric axle3 Years BODY GROUP – Front and rear cowls, side panels and instrument panel3 Years OTHER ELECTRICAL COMPONENTS – Solenoid, limit switches, DC/DC converter, F&R switch, charger cord, 3 Years wiring harness ALL REMAINING COMPONENTS - All options and accessories supplied by E-Z-GO at time of delivery, and all 2 Years components not specified elsewhere INITIAL ADJUSTMENTS – Initial alignment, adjustments, fastener tightening90 days ALL PACE SCREENS supplied by Company at time of purchase5 Years ALL OTHER PACE COMPONENTS supplied by Company at time of purchase3 Years The Warranty Period for all parts and components of the Vehicle other than Lithium Batteries shall commence on the date of delivery to the location or the date on which the Vehicle is placed in Purchaser-requested storage. The Warranty Period for Lithium Batteries shall commence on the earliest of the following dates: of Vehicle delivery to the Purchaser’s location, on which the Vehicle is placed in Purchaser-requested storage or that is sixty (60) days from the date of sale or lease of the Vehicle by the Company to an authorized Company dealer or distributor. Parts repaired or replaced under this Limited Warranty are warranted for the remainder of the length of the original Warranty Period. This Limited Warranty applies only to the Purchaser and not to any subsequent purchaser or lessee without the prior written approval from the Director of the Company’s Customer Care / Warranty Department. EXCLUSIONS: Specifically EXCLUDED from this Limited Warranty are: routine maintenance items, normal wear and tear, cosmetic deterioration or electrical components damaged as a result of fluctuations in electric current; damage to or deterioration of a Vehicle, part or battery charger resulting from an accident or collision, or from the neglect, abuse, or inadequate maintenance of the Vehicles; damage resulting from installation or use of parts or accessories not approved by Company, including but not limited to subsequent failures of the Vehicle, other parts or the battery charger due to the installation and/or use of parts and accessories not approved by Company; warranty repairs performed by someone other than a Company branch or an authorized and qualified Dealer designee. Warranty repairs performed by someone other than a Company branch or an authorized and qualified Dealer or designee shall void the Limited Warranty; damage or loss resulting from acts of nature, vandalism, theft, war or other events over which Company has no control; any and all expenses incurred in transporting the Vehicle to and from the Company or an authorized and qualified Dealer, distributor or designee for warranty service or in performing field warranty service; and any and all expenses, fees or duties incurred relative to inbound freight, importation, or customs. THIS LIMITED WARRANTY MAY BE VOIDED OR LIMITED AT THE SOLE DISCRETION OF COMPANY IF THE VEHICLE AND/OR BATTERY CHARGER: shows indications that routine maintenance was not performed in accordance with the Manual provided with the Vehicle, including but not limited to rotation of fleet, proper tire inflation, and lack of charging. shows indications that non-recommended lubricants were applied to the Vehicle and any part thereof; shows indications that the speed governor was adjusted or modified to permit the Vehicle to operate beyond Company specifications; shows indications that it has been altered or modified in any way from Company specifications, including but not limited to alterations to the speed braking system, electrical system, passenger capacity or seating; has been altered to be used or operated outside of Company approved applications, specified environments or performance conditions; is equipped with tires not expressly approved by Company for use with the Vehicles; lacks an adequate number of operating battery chargers, or uses unapproved battery chargers for the Vehicle or uses extension cords with battery chargers; shows indication that the battery charger has been modified to charged vehicles not approved for the charger; has electrical accessories that are not manufactured or sold by the Company for use with the Vehicle or any electrical energy consuming devices installed directly to the battery pack; shows indications that the battery pack was disassembled, opened, or tampered with in any way; shows indications that attempts may have been made to intentionally reduce the battery pack life; contain lithium battery packs that are not paired with the battery management system as supplied by the Company; } Storage and Operation Limitations ConditionTime Allowed STORAGE BETWEEN CHARGE CYCLES 3 months STORAGE BETWEEN -22°F (-30°C) AND -4°F (-20°C) STORAGE ONLY – NO CHARGING OR DISCHARGING OF BATTERY PACK 1 month OPERATION OF VEHICLE BELOW -4°F (-20°C) OR ABOVE 140°F (60°C)NOT ALLOWED USE OF NON-APPROVED PARTS AND ACCESSORIES: THIS LIMITED WARRANTY SHALL NOT APPLY TO ANY PROPERTY DAMAGE OR ADDITIONAL ENERGY CONSUMPTION ARISING FROM OR RELATED TO PARTS OR ACCESSORIES NOT MANUFACTURED OR EXPRESSLY AUTHORIZED BY THE COMPANY, OR WHICH WERE NOT INSTALLED BY THE COMPANY, ITS DEALERS OR DISTRIBUTORS, INCLUDING BUT NOT LIMITED TO GPS SYSTEMS, COOLING AND HEATING SYSTEMS,COMMUNICATION SYSTEMS, INFORMATION SYSTEMS, OR OTHER FORMS OF ENERGY CONSUMING DEVICES WIRED DIRECTLY OR INDIRECTLY TO THE VEHICLE BATTERIES. REMEDY: Purchaser’s sole and exclusive remedy under this Limited Warranty in the event of a defect in material or workmanship in the Vehicle, any part or component, or battery charger during the applicable Warranty Period is that Company will, at its sole option, repair or replace any defective parts. For such warranty repairs or replacements, the Company may, at its discretion, provide factory reconditioned parts or new components from alternate suppliers. All replaced parts become the sole property of the Company. This exclusive remedy will not be deemed to have failed of its essential purpose so long as the Company has made reasonable efforts to repair or replace the defective parts. DISCLAIMER: THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED FOR THE VEHICLES AND BATTERY CHARGER AND IS MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL SUCH OTHER WARRANTIES BEING EXPLICITLY DISCLAIMED. LIABILITY LIMITATIONS: IN NO CASE SHALL THE COMPANY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DEATH, PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM OR RELATED TO ANY ALLEGED FAILURE IN A VEHICLE OR BATTERY CHARGER, OR ANY DAMAGE OR LOSS TO THE PURCHASER OR ANY THIRD PARTY FOR LOST TIME, INCONVENIENCE OR ANY ECONOMIC LOSS, WHETHER OR NOT THE COMPANY WAS APPRISED OF THE FORSEEABILITY OF SUCH DAMAGES OR LOSSES. ANY LEGAL CLAIM OR ACTION ARISING THAT ALLEGES BREACH OF WARRANTY MUST BE BROUGHT WITHIN THREE (3) MONTHS FROM THE DATE THE WARRANTY CLAIM ARISES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL DAMAGES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU WARNING: ANY MODIFICATION OR CHANGE TO THE VEHICLE OR BATTERY CHARGER WHICH ALTERS THE WEIGHT DISTRIBUTION OR STABILITY OF THE VEHICLE, INCREASES THE VEHICLE’S SPEED, OR ALTERS THE OUTPUT OF THE BATTERY CHARGER BEYOND FACTORY SPECIFICATIONS, CAN RESULT IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH. DONOTMAKEANYSUCHMODIFICATIONSORCHANGES. SUCH MODIFICATIONS OR CHANGES WILL VOID THIS LIMITED WARRANTY. THECOMPANY DISCLAIMS RESPONSIBILITY FOR ANY SUCH MODIFICATIONS, CHANGES OR ALTERATIONS WHICH WOULD ADVERSELY IMPACT THE SAFE OPERATION OF THE VEHICLE OR BATTERY CHARGER. LITHIUM BATTERY WARRANTY LIMITATIONS, CONDITIONS AND EXCEPTIONS: •Claims for battery replacement require specific testing, as specified by Company’s Customer Care / Warranty Department. The Company, or an authorized Company dealer or distributor, should be contacted to obtain a copy of the required tests. •IF IT IS DETERMINED THAT PARTS OR ACCESSORIES WERE INSTALLED DIRECTLY TO THE VEHICLE’S BATTERY PACK WITHOUT THE COMPANY’S EXPRESS WRITTEN APPROVAL, THEN THE WARRANTY FOR THE BATTERY PACK AND THE BATTERY MANAGEMENT SYSTEM SHALL BE VOID. •ALL NON-FACTORY INSTALLED ACCESSORIES REQUIRE THE INSTALLATION AND USE OF A COMPANY APPROVED DC TO DC CONVERTER THAT USES ENERGY FROM ALL BATTERIES. •Electric Vehicle storage facilities must provide the following: •ample electrical power to charge all Vehicles and allow the charger to shut off automatically; •battery chargers must each have an independent dedicated 15 amp circuit; •each battery charger must be connected to its circuit with at minimum a NEMA 15-5R three-pin receptacle; •one (1) functional charger for each Vehicle in the fleet with a proper electrical supply as specified above; and •BATTERY CHARGERS MUST BE THE COMPANY APPROVED CHARGERS FOR LITHIUM BATTERY PACK VEHICLES. OTHER COMPANY RIGHTS: •Company may perform semi-annual vehicle inspections (directly or through assigned Company representatives) through the term of any fleet lease. •Company may improve, modify or change the design of any Company vehicle, part or battery charger without being responsible to modify previously manufactured vehicles, parts or battery chargers. •Company may audit and inspect the Purchaser’s facility, maintenance records and its Vehicles prior to approving any warranty claim; furthermore, Company may use a third party to perform such audit or inspection of the Purchaser’s storage facilities, and/or batteries. •THE WARRANTY FOR ALL VEHICLES IN A FLEET SHALL BE VOIDED IF DATA SUBMITTED FOR AN INDIVIDUAL VEHICLE WARRANTY CLAIM CONTAINS FALSE OR MISLEADING INFORMATION. AUTHORITY: No Company employee, dealer, distributor or representative, or any other person, has any authority to bind Company to any modifications of the terms and conditions of this Limited Warranty without the express written approval from the Director of the Company’s Customer Care / Warranty Department. FOR FURTHER INFORMATION, CALL 1-800-774-3946, GO TO TSV.COM, OR WRITE TO TEXTRON SPECIALIZED VEHICLES INC., ATTENTION: Proposal Henry Homberg Golf Course September 28, 2026 Cash Purchase YEARMODELPAYMENT TERMQTYUNIT PRICEUNIT TOTAL \\cashpayment 1_1 202RXV ELiTENet 3012$9,163.23$109,958.76 \\ TOTAL UNIT AMOUNT $109,958.76 PROGRAM DETAILS NUMBER OF PAYMENTS PER YEARPAYMENT MONTHSDELIVERYFIRST PAYMENT SPECIAL CONSIDERATIONS Omnia Contract #R210201 Source Well Contract #091024-JCS Based on the structure of the above proposed deal, the following documentation will be required for all deals, to establish creditworthiness (Incoterms: FCA Augusta): LEASED NEEDS: ¸Signed Credit Application, Last two full years of Audited Financial Statements, and YTD Financial Statements (Income Statement, Balance Sheet) CASH PURCHASE NEEDS: ¸Bank Letter (Proof of Funds at 90 days prior to delivery) OR Financials (Income Statement, Balance Sheet) to establish a Credit Limit with E-Z-GO. While it’s our intent to hold this pricing, this pricing is subject to change due to factors that are beyond the control of E-Z-GO. Final interest rates, trade values, commodities and other factors will be determined 45 days prior to delivery. The terms of the Pace Technology Data Systems Agreement (available under “Download Documents” at https://ezgo.com/pacetechnologyprivacy) governs the use of Pace Technology systems and services, including the entry and processing of any Personal Data. NOTE: All goods ordered in error by the Customer or goods the Customer wishes to return are subject to a restock fee. The restock fee is 3% of the original invoice value of the goods. Prices quoted above are those currently in effect and are guaranteed subject to acceptance within 30 days of the date of this proposal. Applicable state taxes, local taxes, and insurance are not included. Lease rates may change if alternate financing is required. Payment schedule(s) does not include any finance, documentation, or initiation fees that may be included with the first payment. All lease cars and trades must be in running condition and a fleet inspection will be performed prior to pick up. It is the club's responsibility to either repair damages noted or pay for the repairs to be completed. All electric cars must have a working charger. All pricing and trade values are contingent upon management approval. Any change to the accessory list must be obtained in writing at least 30 days prior to production date. Henry Homberg Golf CourseE-Z-GO Accepted by:\\s1\\ _________________________________________Accepted by:\\s2\\ _________________________________________ Title:\\t1\\ ________________________________________________Title:\\t2\\ ________________________________________________ Date:\\d1\\ _______________________________________________Date:\\d2\\ _______________________________________________ N TO:City Council FROM:Christopher S. Boone, City Manager PREPARED BY:Amalia Villarreal, P.E., CFM, Director of Public Works MEETING DATE:October 20, 2026 REQUESTED ACTION:Council consider a resolution approving the purchase of eight mowers for use in Parks & Greenspace and Highway Maintenance. BACKGROUND Five (5) Kubota Z726XKW-3-60 mowers will be purchased for use by the Parks Department in the total amount of $60,172.95. These will replace Units 4156, 4122, 4147, 4157, and 4121, which have exceeded their useful service lives. The replaced units will be disposed of in accordance with the City’s surplus equipment policy. Three (3) Kubota ZD1211L-3-72 mowers will be purchased for use by the Highway Maintenance Division in the total amount of $60,274.89. These will replace Units 4161, 4519, and 4415, which have exceeded their useful service lives. The replaced units will be disposed of in accordance with the City’s surplus equipment policy. The total purchase amount is $120,447.84. Pricing was obtained from Beaumont Tractor through the BuyBoard cooperative purchasing program. BuyBoard provides competitively procured contracts for public entities and complies with applicable State of Texas procurement requirements. FUNDING SOURCE Capital Reserve Fund $120,447.84 RECOMMENDATION Approval of the resolution. ATTACHMENTS Quotes are attached. O TO:City Council FROM:Christopher S. Boone, City Manager PREPARED BY:Amalia Villarreal, P.E., CFM, Director of Public Works MEETING DATE:October 20, 2026 REQUESTED ACTION:Council consider a resolution authorizing the purchase of P- 3012 Weedoo TC Diesel model work boat for use in the Water Reclamation Department. BACKGROUND The ponds at Cattail Marsh experience recurring aquatic vegetation growth that cannot be effectively reached or removed from the shoreline using conventional excavation equipment. To improve maintenance operations and support ongoing management of the ponds, staff recommends the purchase of the following equipment from Weedoo Boats, of Stuart, Florida: • One (1) TC Loader/Cutter Model • One (1) Quick Change Skimmer Bucket • One (1) Bimini Top Assembly The total purchase cost is $109,336.15. Pricing was obtained directly from Weedoo Boats. A sole-source justification letter is included with this packet. The equipment purchase includes a 36-month Manufacturer’s Warranty. FUNDING SOURCE Water Fund $109,336.15 RECOMMENDATION Approval of the resolution. ATTACHMENTS Vendor Quotes, Product Brochure, and Sole-Source Letter attached. 1340 SW Commerce Way Stuart, FL 34997West 561-204-5765 sales@weedooboats.com October 2, 2026 ATTN: City of Beaumont RE: Sole Source Weedoo Aquatic Work Boat and Attachments Weedoo Greenboat, Inc. ("Weedoo") is writing to advise that the Weedoo aquatic work boat and its related attachments constitute a unique, proprietary system available only from Weedoo. Our platform incorporates Weedoo's patented outdrive system, which provides propulsion to our aquatic weed harvester and work boat and distinguishes our vessel from any other product on the market. The Weedoo vessel is built on an approximately 11-foot fiberglass hull engineered for shallow-water and vegetation management operations. In combination with our patented outdrive, this hull configuration delivers a specialized work boat designed for maneuverability, safety, and efficiency in canals, lakes, retention ponds, and other confined waterways. Our proprietary Weedoo attachments are purpose-built to interface with this hull and drive platform and are not interchangeable with other manufacturers' boats or mounting systems. Weedoo is therefore the sole source provider for the integrated boat-and-attachment system, including the 11-foot fiberglass hull, patented outdrive, and proprietary Weedoo attachment interface. Given these unique characteristics, Weedoo Greenboat, Inc. should be recognized as the sole source producer for this equipment. Sincerely, Tara Lordi CEO and President NOTHING CLEANS WATERWAYS BETTER THAN WEEDOO! NOTHING CLEANS WATERWAYS BETTER THAN WEEDOO! TC-3012 TURBO Recommended Accessories Hydraulic Hydraulic SiltSucker & tm Pole Saw Sediment Remover Root RakeSkimmer BucketGrappleBiminiLift Kit MORE POWER. MORE PROPULSION. Compact Size—Easy to maneuver around docks No Ramp Needed—Boat goes from trailer to water 8-inch Shallow Draft—Draft gets you where the weeds are Powerful Payload—500 lbs. of vegetation a minute or over 100 tons a day, transform an overgrown lake in an afternoon Versatile Quick-Change Attachments—Handle the toughest jobs in the most extreme conditions Strength & Stability—Unique hull design for maximum payload and balance Affordable Financing—Easy financing options available Warranty, Easy as 1,2,3—1-year external attachments, 3-year (or 3000 hours) Kubota engine, 3-year hull & deck FACTORY DIRECT—No middle-person markups save time and money 1340 SW Commerce Way • Stuart, FL weedooboats.com • 561-204-5765 Sfw/!2037X TC-3012 Workboat SPEC SHEET WHAT THE HULL! Loader & Bucket Articulation The TC Series has the stability of harvesters several times their size because of a unique hull design allowing maximum payload and balance. And they’re able to accomplish this in an eco-friendly manner that preserves nature. Fiberglass/Kevlar hull configuration includes deck-mounted marine boom cutter, front-end loader with universal marine bucket system and T-1305 highway transportation trailer. Factory installed PowerPack features diesel engine with electric start. Cyclonic hydraulic system provides eco-friendly fluid to high efficiency triple pump setup producing 27 GPM. System includes twin propulsion outdrives with Weedoo Weed-N-Mud propellers and quick-change hydraulics for aquatic work attachments. Engine factory installed power platform features Kubota D902-T-E4 3-cylinder liquid cooled, turbo diesel engine (Tier 4 Final) with electric start and alternator. Cutter Articulation TC SERIES WORKBOAT USMetric 8 ft2438 mm Height 7 ft 3 in2225 mm Width 15 ft4572 mm Length 2285 lbs1030 kg Weight 10 in/20 in254 mm/508 mm Boat Draft/drives down 46-48 in1168-1219 mm Height from Waterline TC SERIES WORKBOAT WITH TRAILER 11 ft3353 mm Height 8 ft 8 in2682 mm Width 22 ft6706 mm Length 3035 lbs1224 kg Weight 1340 SW Commerce Way • Stuart, FL weedooboats.com • 561-204-5765 Sfw/!2037X P TO:City Council FROM:Christopher S. Boone, City Manager PREPARED BY:Angela Wright, Chief Technology Officer MEETING DATE:October 20, 2026 REQUESTED ACTION:Council to consider a resolution to approve the purchase of end-of-life (EOL) technology equipment from CDWG of Vernon Hills, Illinois. BACKGROUND The city maintains a standardized replacement schedule for technology assets to ensure system reliability, security, and compatibility. All workstation equipment, including desktop computers, laptops, Mac workstations, and Mobile Data Computers (MDCs), is replaced on a five-year lifecycle. Technology assets such as iPads, monitors, docking stations, and other peripherals have been budgeted and may be identified within replacement planning; however, these items will only be replaced when they are no longer functional, have reached manufacturer end- of-life or end-of-support status, or when continued use presents operational challenges. Such purchases will be evaluated and approved on a case-by-case basis based on business need and available funding. This item supports the replacement of technology assets that have reached or exceeded the City's five-year replacement standard, including 161 desktop computers, 84 laptop computers, 73 Mobile Data Computers (MDCs), and 5 iMac workstations. Equipment will be procured at appropriate points throughout the fiscal year to align with operational needs, project timelines, and budget management. Fiscal Impact | Total Cost: $947,679.00 Equipment will be acquired through competitively awarded purchasing contracts that provide the best value to the City, with expenditures distributed throughout the fiscal year. Funding is provided through departmental equipment replacement budgets and Technology Services capital replacement funds. FUNDING SOURCE Capital Reserve, Water, Water Customer Service, Hotel Occupancy Tax (HOT), and Transit Funds. RECOMMENDATION Approval of resolution. AI Use Statement: Artificial intelligence tools may have been used to assist in the preparation of this document. All content has been reviewed and approved by City staff, who are responsible for the final work product. 1 TO:City Council FROM:Christopher S. Boone, City Manager PREPARED BY:Bridgette Evick, CPA, Chief Financial Officer MEETING DATE:October 20, 2026 REQUESTED ACTION:Council to consider a resolution providing for the reimbursement of a capital expenditure incurred prior to the closing of financing. BACKGROUND The FY 2024 budget included the order of a new fire truck and was approved by Council on July 18, 2023 with resolution 23-188, in the amount of $1,048,040. Due to the long lead time of fire trucks, the financing was included in the FY 2026 budget. The truck has been received and put in service. The truck will be financed over a period not to exceed 5 years. A reimbursement resolution is warranted to allow the city to reimburse itself out of the proceeds of the financing for the truck because payment was required prior to the lease purchase being secured. FUNDING SOURCE The debt payments related to this financing are budgeted in the Capital Reserve Fund in the FY 2027 and future budgets through 2031. RECOMMENDATION Approval of the resolution. ATTACHMENTS Pierce Enforcer Pumper Invoice 2 TO:City Council FROM:Christopher S. Boone, City Manager PREPARED BY:Bridgette Evick, CPA, Chief Financial Officer MEETING DATE:October 20, 2026 REQUESTED ACTION:Council to consider a resolution providing for the reimbursement of a capital expenditure incurred prior to the closing of financing. BACKGROUND The FY 2025 budget included the order of a new fire truck and was approved by Council on September 12, 2023 with resolution 23-243, in the amount of $1,894,468.00. Due to the long lead time of fire trucks, the financing was included in the FY 2027 budget. The truck has been received and put in service. The truck will be financed over a period not to exceed 5 years. A reimbursement resolution is warranted in order to allow the city to reimburse itself out of the proceeds of the financing for the truck since payment was required prior to the lease purchase being secured. FUNDING SOURCE The debt payments related to this financing are budgeted in the Capital Reserve Fund in the FY 2027-2031 budgets. RECOMMENDATION Approval of the resolution. ATTACHMENTS Pierce Enforcer Pumper Invoice 3 TO:City Council FROM:Christopher S. Boone, City Manager PREPARED BY:Amalia Villarreal, P.E., CFM, Director of Public Works MEETING DATE:October 20, 2026 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to award a contract to Vortex Services, LLC, of Houston, for the Civic Center and City Hall Cavities Repair Emergency Project. BACKGROUND Public Works Engineering has identified surface voids and pavement settlement in the area between City Hall and the Beaumont Civic Center that may be associated with the underlying large-diameter storm sewer system. Due to the location and potential impact on public infrastructure and accessibility, staff recommends a timely assessment of the storm drainage system to evaluate its condition and develop appropriate repair recommendations. To efficiently respond to these conditions, the emergency work will be conducted in two phases. Phase 1 will include the data collection, condition assessment, and engineering services necessary to determine the extent and cause of the subsurface failures and to develop an appropriate repair strategy. The work will include storm sewer cleaning, CCTV inspections, ground penetrating radar (GPR) investigations, multi-sensor inspections (MSI), and engineering analysis of the affected drainage infrastructure. Upon completion of Phase 1 and development of the engineering plans and recommendations, the City of Beaumont will proceed with Phase 2, which will consist of the construction and implementation of the necessary repairs and stabilization measures. On September 24, 2026, the City obtained a proposal from Vortex Services, LLC, to perform Phase 1, on an expedited basis, in the amount of $189,475.13. FUNDING SOURCE Certificates of Obligation. RECOMMENDATION Approval of the resolution. ATTACHMENTS Vortex Services, LLC Proposal 4 TO:City Council FROM:Christopher S. Boone, City Manager PREPARED BY:Amalia Villarreal, P.E., CFM, Director of Public Works MEETING DATE:October 20, 2026 REQUESTED ACTION:Council to consider a resolution approving a contract with Public Management, of Cleveland, Texas, for grant administrative services related to the Mitigation Reallocation Program (MRP) through the Texas General Land Office (GLO). BACKGROUND The City of Beaumont sought a well-qualified administration/activity delivery service provider(s) to assist the City in preparing application(s) for and in the overall administration or implementation of proposed Mitigation Reallocation Program (MRP) project(s), if funded by the Texas General Land Office (GLO). In order to identify qualified and responsive providers for these services, a Request for Proposals (RFP) process for administration and planning services has been completed in accordance with the GLO requirements. The proposals received by the due date have been reviewed to determine the most qualified and responsive providers for each professional service giving consideration to ability to perform successfully under the terms and conditions of the proposed procurement, integrity, compliance with public policy, record of past performance, and financial and technical resources. Five Hundred Seven (507) vendors were notified via email as well as advertising on the City web page and in the local newspaper. Five (5) responses were received and evaluated by City Staff. The criteria and scores are attached. FUNDING SOURCE 90% Federal Funding, 10% Local Match RECOMMENDATION Approval of the resolution. ATTACHMENTS Score Tabulation 5 TO:City Council FROM:Christopher S. Boone, City Manager PREPARED BY:Amalia Villarreal, P.E., CFM, Director of Public Works MEETING DATE:October 20, 2026 REQUESTED ACTION:Council to consider a resolution authorizing the City Manager to award a contract to Brystar Contracting, Inc., of Beaumont, Texas for the Auto Sampling Flushing Station Installations Project. BACKGROUND The project consists of installing three (3) pre-purchased auto sampling flushing stations at designated locations within the City of Beaumont‘s water distribution system. The work includes the associated site improvements, utility connections, and supporting infrastructure necessary for operation. On September 24, 2026, the City received two (2) bids for furnishing all labor, materials, and equipment necessary to complete the project. The Engineer’s Estimate for the work is $118,510.00. The bid totals are summarized in the table below: ContractorLocationTotal Bid Amount Brystar Contracting, Inc.Beaumont, TX$94,094.00 GTO Industries, LLCHouston, TX$293,200.00 Following a review of the bids verification of contractors’ references, GarverUSA, the City‘s engineering consultant for this project, recommends award of the contract to Brystar Contracting, Inc., in the amount of $94,094.00, which includes a $10,000.00 allowance for electrical services. The Water Utilities Department concurs with this recommendation. The contract provides 90 calendar days for the completion of this project. FUNDING SOURCE Water Revenue Bonds RECOMMENDATION Approval of the resolution. ATTACHMENTS Letter of Recommendation & Bid Tabulation Bid