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Home My WebLink AboutPACKET OCT 31 2017BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 31, 2017 1:30 P.M. CONSENT AGENDA Approval of minutes — October 24, 2017 Confirmation of board and commission member appointments Norman Bellard would be appointed to the Police Department Community Advisory Committee. The term would commence October 31, 2017 and expire September 30, 2019. (Councilmember Audwin M. Samuel) James W. Reed would be appointed to the Police Department Community Advisory Committee. The term would commence October 31, 2017 and expire September 30, 2019. (Councilmember Audwin M. Samuel) Sondra Nelson would be appointed to the Convention and Tourism Advisory Board. The term would commence October 31, 2017 and expire September 30, 2019. (Councilmember Audwin M. Samuel) Steve McGaha would be appointed to the Convention and Tourism Advisory Board. The term would commence October 31, 2017 and expire September 30, 2019. (Councilmember Audwin M. Samuel) Shahidah Rahman would be appointed to the Community Development Advisory Committee. The term would commence October 31, 2017 and expire September 30, 2019. (Councilmember Audwin M. Samuel) A) Approve a contract with Fort Bend Services Inc. of Stafford, Texas, for the purchase of liquid polymer for use in the Water Department B) Approve a resolution appointing members to the Beaumont Youth Advisory Council I RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointments be made: Appointment Norman Bellard James W. Reed Sondra Nelson Steve McGaha Commission Beginning Expiration of Term of Term Police Department Community 10/31/2017 09/30/2019 Advisory Committee Police Department Community 10/31/2017 09/30/2019 Advisory Committee Convention and Tourism Advisory Board Convention and Tourism Advisory Board 10/31/2017 09/30/2019 10/31/2017 09/30/2019 Shahidah Rahman Community Development 10/31/2017 09/30/2019 Advisory Committee The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 31st day of October, 2017. - Mayor Becky Ames - 0 TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 31, 2017 REQUESTED ACTION: Council consider a resolution approving a contract with Fort Bend Services Inc. of Stafford, Texas, for the purchase of liquid polymer for use in the Water Department. BACKGROUND Bids were solicited for an annual contract to provide liquid polymer for use in the dewatering of sewage sludge produced by Water Reclamation. Specifications allow for a one (1) year contract with the option of two (2) renewals of a one (1) year term at the same pricing as the awarded contract. Fort Bend Services Inc. submitted the qualified bid of $1.16 per pound. With the estimated usage of 50,000 pounds of polymer per year, the total annual cost will be $58,000. Solenis LLC is the current vendor with a price of $1.40 per pound at an annual total of $70,000. A condition of the contract specifications required vendors to submit samples of their polymer to the City for testing prior to bid opening. This sampling determines how many pounds of polymer must be used per ton of sewage sludge processed to calculate the cost per ton. Bids were requested from seven (7) vendors with four (4) vendors submitting pricing. The bid tabulation and test results are attached. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of resolution. Polymer Company Average % solids sludge % solids cake Filtrate % Recovery Sludge to Press, cu. ft. Average Lbs. polymer/dry ton sludge CITY OF BEAUM®NT WATER RECLAMATION 2017 Polymer Trial Summary Report of Polymer Press Trials SNF Polydyne ZK3 Industries Fort Bend Solenis LLC Inc CE2004 DSP700HP Services Pracslol K144L FBS1236 4.91 4.73 4.90 4.82 23.13 23.96 22.56 24.37 96.3% 97.2°o 97.®°0 96.2% 372 12.31 stewater Supervisor: Ber(Weatherall If you have any questions please call 409-842-0458 384 10.67 362 7.73 391 16.96 RESOLUTION NO. WHEREAS, bids were received for a one (1) year contract, with the option of two (2) renewals of a one (1) year term at the same pricing as the awarded contract, for the purchase of liquid polymer for use by the Water Department; and, WHEREAS, Fort Bend Services, Inc., of Stafford, Texas, submitted a bid at a unit cost of $1.16 per pound for an estimated cost of $58,000, as shown on Exhibit "A;' attached hereto and made a part hereof for all purposes; and, WHEREAS, City Council is of the opinion that the bid submitted by Fort Bend Services, Inc., of Stafford, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Fort Bend Services, Inc., of Stafford, Texas, for a one (1) year contract, with the option of tow (2) renewals of a one (1) year term at the same pricing as the awarded contract, for the purchase of liquid polymer for use by the Water Department at a unit cost of $1.16 per pound for an estimated cost of $58,000, as shown on Exhibit 'A;' attached hereto and made a part hereof for all purposes, be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Fort Bend Services, Inc., of Stafford, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 31st day of October, 2017. - Mayor Becky Ames - City of Beaumont Texas BEAUM®NT Purchasing Division Bid Tabulation TEXAS Bid Name: ANNUAL CONTRACT FOR WATER TREATMENT CHEMICALS - POLYACRYLAMIDE CATIONIC EMULSION LIQUID POLYMER Bid Number: TF0817-15 Bid Opening: Thursday, October 19, 2017 Contact Person: Terry Welch Senior Buyer terrv.welchfteaumonttexas. aov Phone 409-880-3107 COST TO TREAT ONE TON OF SLUDGE VENDOR PRODUCT MAN LBS** Solenis LLC Sterling Water KEMIRA Vendor Fort Bend Services Inc. ZK3 Industries, LLC Polydyne Inc Inc Technologies 7.73 City / State Stafford, Tx Hitchcock, Tx Riceboro, GA Wilmington, De Columbia, TN Lawrence, KS Phone or Fax No. 281-261-2295 u ortzk3industries.co PolvbiddotZDsnfhc.com 302-477-1437 931-540-1338 kwsna.bids a0kemira.co Extended Unit Price Extended Unit Price Extended Unit Price Unit Extended Unit Extended I Unit Extended I ITEM DESC QTY (lbs Price Price Price Price Price Price Price Price Price 1 LIQUID POLYMER 50,000 $1.16/lb $58,000.00 $1.15/Ib $57,500.00 $1.095/Ib $54,750.00 $1.40/Ib 1$70,000.00 TOTAL BID $58,000.00 $57,500.00 $54,750.00 $70,000.00 NO BID NO BID COST PER GAL $9.964/gal $9.618/ al $9.417/ al $12.15/ al TOTE GALLONS 267.8 275 267 263 MANUFACTURER & BRAND FBS C1286BT ZK Industries Inc. DSP Polydyne Inc Praestol K 144 L 700 HP Emulsion Polymer, 674986 COST TO TREAT ONE TON OF SLUDGE VENDOR PRODUCT MAN LBS** UNIT COST TOTAL COST Fort Bend Services Inc FBS C1286BT 7.73 $1.16 $8.97 DSP 700 HP Emuksion ZK3 Industries LLC 10.67 $1.15 $12.27 Polymer Polydyne Inc. Polydyne Inc Clarifloc CE- 12.81 $1.095 $14.03 2004 Solenis LLC Praestol K 144 L 674986 16.96 $1.40 $23.74 Awarded by cost to treat one dry ton of sludge* Average pounds of polymer per dry ton of sludge ( information provided from polymer trials) `* NOTE: Awarded vendor is highlighted. Wil m X w BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Jarmon, Executive Assistant to the City Manager MEETING DATE: October 31, 2017 REQUESTED ACTION: Council consider a resolution appointing members to the Beaumont Youth Advisory Council. BACKGROUND On June 6, 2017, the City Council voted to create the Beaumont Youth Advisory Council, with Councilmember Samuel volunteering to serve as the Council Liaison. Based on the recommendation of the participating schools, staff recommends that the following students be appointed to the Advisory Council: Camryn Brittain — West Brook High School Sophia Caballero — West Brook High School Kynnedi Jackson — Ozen High School Kristofer Bluford — Ozen High School Adaja Copes — Central High School Kwenten Ford — Central High School Sarah Waddill — Kelly High School Kate Winslow — Kelly High School Zaid Mohammed — Harmony Science Academy Anthony Parker — Harmony Science Academy FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointments be made to the Beaumont Youth Advisory Council, whose term will expire May 31, 2018. Camryn Brittain— Sophia Caballero— KynnediJackson— Kristofer Bluford— Adaja Copes— Kwenten Ford— Sarah Waddill— Kate Winslow— Zaid Mohammed— Anthony Parker— West Brook High School West Brook High School Ozen High School Ozen High School Central High School Central High School Kelly High School Kelly High School Harmony Science Academy Harmony Science Academy The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 31st day of October, 2017. - Mayor Becky Ames - BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 31, 2017 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda item No. 1/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider an ordinance granting a franchise for solid waste collection and transportation services to Acadiana Waste Services -TX, LLC WORK SESSION * Receive reports from various city departments related to Hurricane Harvey COMMENTS * Public Comment (Persons are limited to 3 minutes) * Councilmembers/City Manager comment on various matters EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Ebony Jenkins TOUR * City Council will take a tour or visit various city owned facilities affected by Hurricane Harvey Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Harbuzi at 880-3777. 1 October 31, 2017 Consider an ordinance granting a franchise for solid waste collection and transportation services to Acadiana Waste Services -TX, LLC BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 31, 2017 REQUESTED ACTION: Council consider granting a new solid waste transportation service agreement with Acadiana Waste Services -TX, LLC. BACKGROUND According to City Ordinance 22.05.101, no person shall engage in the business of collecting, hauling or transporting, in the city, any garbage, waste or refuse, without first having obtained a franchise from the City. Seven (7) entities currently have nonexclusive franchise agreements with the City and are doing business in this area. Acadiana Waste Services -TX, LLC has requested that the City Council grant the company such franchise agreement. Acadiana Waste Services currently serves central and south Louisiana with its corporate office located in Lafayette, Louisiana. They are interested in expanding operations into the Beaumont area. The requested franchise is generally the same as those previously approved by City Council. It provides for a term of one year from its effective date and a franchise fee of seven percent (7%) of gross revenues received for service. It also requires the entity to indemnify the City of Beaumont and provide insurance which names the City of Beaumont as a named insured. According to City Charter, franchise ordinances require readings at three (3) separate Council meetings, with the third not less than thirty (3 0) days from the first reading. The ordinance does not take effect until sixty (60) days after its adoption on the third and final reading. After passage, the ordinance must be published for four (4) consecutive weeks in a newspaper of general circulation in the city. All publication costs are paid by the franchisee. Attached is a copy of the franchise agreement for your review. This is the first reading. FUNDING SOURCE A franchise fee of seven percent (7%) of gross receipts will be paid to the City. RECOMMENDATION Approval of resolution. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO ACADIANA WASTE SERVICES -TX, LLC. WHEREAS, Acadiana Waste Services -TX, LLC (the "Company") has requested a franchise to operate a solid waste collection and transportation service within the City of Beaumont, Texas (the "City"); and, WHEREAS, the City desires to grant such franchise; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. Grant of Authority There is hereby granted by the City to Acadiana Waste Services -TX, LLC the right and privilege to operate and maintain within the City a solid waste collection and transportation service (the "service"). For purposes of this franchise, the term "solid waste collection and transportation service" shall mean the business of collection, hauling or transporting any garbage, rubbish, waste or refuse from locations in the City, and the disposal of such material in accordance with law. The franchise granted herein is nonexclusive, and franchises may be granted to other persons for service. Section 2. Term of Franchise The franchise herein granted shall take effect and be in force sixty (60) days after the final passage hereof as required by law and upon the filing by the Company of an acceptance with the City Clerk, and shall continue in force and effect until one (1) year thereafter. The acceptance required hereunder must be in writing and filed with the City Clerk within thirty (30) days after final passage hereof. Upon the expiration of the term hereof, this franchise shall continue on a month-to-month basis until terminated by either party or extended or replaced. Section 3. Rates The Company shall establish rates for service which are uniform as to customer class based upon such criteria as type of waste, container size, frequency of collection, and distance of travel. The Company shall file its initial rates for service with its acceptance as required herein. Such rates shall, unless modified by the City, be effective with the effective date of this franchise. Any modifications in rates by the Company shall first be filed with the City Clerk and City Attorney and shall be effective thirty (30) days after such filing unless modified by City as provided herein. Nothing herein shall prevent the Company from charging uniform rates which are less than the rates filed with the City. The City shall have the right to establish rates charged by Company for services performed hereunder, after notice and hearing. Rates established by the City shall be sufficient to allow the Company an opportunity to earn a reasonable return on its invested capital used in providing such services. Section 4. Franchise Fee The Company shall pay to the City, on or before the fifteenth (15th) day of each month, a sum equal to SEVEN PERCENT (7%) of the gross revenues received for service in the previous month as payment for the use of the Citys streets, alleys and rights-of-way. The payments herein provided do not relieve Company from the payment of ad valorem taxes, special assessments, charges, or other fees applicable to the public generally. City shall have the right, at any reasonable time, to audit the books and records of the Company and the Company is hereby required to make such books and records available at the request of City. Upon written acceptance, the Company shall furnish to the City a listing of customers served, including customer name, address, frequency of pick-up, size of container or type of service and charge for same. The following reports shall be filed monthly with the City Manager or his designee along with the street rental payment required herein: 1. Upon written request and within thirty (30) days of receipt, the Company shall furnish to the City adequate reconciliation of reported revenues which would include: a listing of names and addresses of all customers served, frequency of pick-up, size of container or type of service and charge for same, and date service was initiated and discontinued. Section 5. Indemnity Insurance and Bond The Company shall at all times during the effective period of this franchise, carry liability insurance as provided herein. The Company covenants and agrees at all times to indemnify and save harmless the City, its officers, agents, employees, and any member of the public against any and all injuries, damages, claims, causes of action or loss of compensation arising or resulting from Companys operations under this franchise, whether or not such loss was caused by the negligence of the City, its agents, servants or employees. Upon notice given Company by City, Company must defend at its own expense, any action or suit brought against the City because of any work or other acts done by the Company under the terms of this franchise. Counsel chosen by Company to defend City must be satisfactory to City. Company will pay any final judgment which might be obtained against City by reason of any work or acts done hereunder by Company, its agents, servants or employees, and Company will pay all damages occurring to any person or property, public or private, resulting from any fault or neglect on its part or on the part of its agents or employees. The Company agrees to carry insurance as follows: 1) Workers' Compensation The Company shall furnish the City Clerk a certificate of insurance indicating workers' compensation coverage as required by the State of Texas. 2) Automobile Liability Insurance The Company shall carry, in its own name, a policy in comprehensive form to insure the automobile liability of its operation with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury and, in addition, not less than One Hundred Thousand Dollars ($100,000.00) property damage. This policy shall name City as an additional insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise,` and it shall be maintained in force during the term of the franchise. 3) General Liability The Company shall carry, in its own name, a comprehensive liability insurance policy including contractual coverage for operations other than automobile with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury, and One Hundred Thousand Dollars ($100,00.00) per occurrence for property damage. The policy shall name the City as named insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise and maintained ,in force during the term of the franchise. Section 6. Compliance with Laws and Ordinances The Company shall, at all times during the term of this franchise, be subject to all lawful exercise of police power by the City and to such reasonable regulations as the City shall hereafter by ordinance provide. In addition, the Company will observe all city, county, state, and federal laws regulating the collection and disposal of solid waste. Section 7. Service Standard and Equipment The Company shall maintain and operate its collection system and equipment in good order to render efficient service subject to the terms of this franchise. All vehicles, containers, and equipment used for the collection and transportation of solid waste shall be constructed, operated and maintained to prevent loss of liquid or solid waste material and to minimize health and safety hazards to solid waste management personnel and the public. Such vehicles, containers, and equipment used shall be maintained in a clean, sanitary condition and free from odors at all times. All vehicles and equipment shall comply with federal, state, and local regulations. Collection vehicles and all bulk, commercial, and roll -off type containers shall be painted and numbered and shall have the Companys name and telephone number painted in letters of a contrasting color. Such containers may not be placed on any street or right-of-way within the City. All collections shall be made directly from the premises of the customer and any emptied containers returned directly to such premises. Section 8. Providing Services The Company shall provide service to any person, firm, corporation, association or entity inside the City of Beaumont who requests such service and is not delinquent in the payment of collection charges due the Company. Section 9. Office The Company shall establish and maintain an office with telephone service and shall keep said office open for business from 9:00 A.M. to 5:00 P.M. each and every day except Saturday, Sunday and holidays. Section 10. Interruption of Service In the event that service shall be interrupted for any reason for more than forty- eight (48) hours, the City shall have the right to make temporary independent arrangements for the purposes of continuing this necessary service to its residents in order to provide or protect the public health and safety. If the interruption in service mentioned herein continues for a period of seventy-two (72) hours, then the City shall have the right to terminate the rights and privileges granted in this franchise. Section 11. Termination In the event that any provision of this franchise is violated by the Company, the City may serve written notice upon the Company of its intention to terminate this franchise. The notice shall ,contain the reasons for such intention to terminate the franchise. Unless within ten (10) days after mailing such notice by City to the Company, such violation shall cease, or satisfactorily arrangements for correction be made by Company, the City Council may, after a public hearing in which Company is provided an opportunity to present evidence concerning such violation, declare the franchise terminated and serve written notice upon the Company of the termination and the termination of the franchise shall be effective upon the mailing of such notice. Section 12. Transfer of Franchise Rights Franchise rights granted hereunder shall not be transferred to another without the approval of City. A single transfer or a series of transfers of Company's stock which constitute a transfer of a majority interest in Company is subject to the prior approval of City. Section 13. Notices Where written notices are provided for in this ordinance, same shall be sufficient to notify Company when provided by certified mail to: Acadiana Waste Services -TX, LLC P.O. Box 53426 Lafayette, LA 70505 Notice to City is sufficient if mailed by certified mail to: City Manager City of Beaumont P.O. Box 3827 Beaumont, TX 77704 Section 14. If any section, sentence, clause, paragraph or phrase of this ordinance, other than Section 4, is for any reason held to be invalid or illegal, such invalidity shall not effect the remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any reason, the ordinance shall be immediately invalid. Section 15. It is agreed by City and Company that venue of any legal proceedings under this franchise agreement shall be in Jefferson County, Texas. Section 16. Vehicle Permits Twenty (20) days prior to the effective date of this franchise, the Company shall furnish to the City a list of all vehicles to be providing solid waste collection and disposal service under this franchise. Such list shall include state license number, year, make, model and manufacture's rated capacity for each vehicle. Vehicles not having a valid City of Beaumont landfill permit will not be allowed to operate under this agreement nor utilize the City refuse disposal facility. If at any time a vehicle or equipment is found to be in noncompliance with Section 7 of this franchise, the Company will be notified of its violation and said equipment or vehicle shall be removed from service upon receipt of written notification. Failure to comply with this provision or to falsify the information concerning the location of the service of the vehicle shall be a material breach of this franchise. Should City decide not to terminate this franchise because of any violation of this Section, Companys disposal fee at City's landfill shall be doubled for all of Company's vehicles for a period of sixty (60) days. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont on first reading this the day of 12017. PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this the day of 2017. PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this the day of ACCEPTANCE: Acadiana Waste Services -TX, LLC (Company Owner/Representative) , 2017. - Mayor Becky Ames - WORK SESSION Receive reports from various city departments related to Hurricane Harvey