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MIN NOV 29 2005 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith,Ward I GUY N. GOODSON, MAYOR Nancy Beaulieu,Ward II Andrew P. Cokinos,At-Large CITY COUNCIL MEETING Becky Ames,At-Large Audwin Samuel, Mayor Pro Tem,Ward III November 29, 2005 Bobbie J. Patterson,Ward IV Tyrone E. Cooper, City Attorney Kyle Hayes, City Manager Rose Ann Jones, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on November 29,2005, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING Invocation Pledge of Allegiance Roll Call Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items 1-5/Consent Agenda Consent Agenda Mayor Goodson called the council meeting to order at 1:30 p.m. Brother Terry Littledike of the Church of Jesus Christ of Latter Day Saints gave the invocation. Mayor Goodson led the Pledge of Allegiance. Roll call was made by Rose Ann Jones, City Clerk. Present at the meeting were Mayor Goodson, Mayor Pro Tern Samuel, Councilmembers Smith, Beaulieu, Ames and Patterson. Absent Councilmember Cokinos. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions "Winter Wonderland Day" - December 3, 2005 - Proclamation read by Councilmember Ames; accepted by Janna Fulbright on behalf of the Holiday Parade Committee Public Comment: Persons may speak on scheduled agenda items 1- 5/Consent Agenda. None CONSENT AGENDA Approval of minutes - November 15, 2005 Confirmation of committee appointments - Resolution 05-245 Bill Bianchi would be reappointed to the Convention and Tourism Advisory Board. The current term would expire October 27, 2007. (Mayor Pro Tern Audwin M. Samuel) Arthur Berry would be reappointed to the Convention and Tourism Advisory Board. The current term would expire October 30, 2007. (Councilmember Nancy Beaulieu) Minutes-November 29,2005 A) Approve the payment of an invoice for repairs to a landfill compactor- Resolution 05-246 Mayor Pro Tern Samuel made a motion to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU,AMES AND PATTERSON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider authorizing the City Manager to execute an agreement for public adjusting services - Resolution 05-247 Administration recommended authorizing the City Manager to execute an agreement with National Fire Adjustment Co., Inc. (NFA), headquartered in Amherst, New York, for providing public adjusting services to the City for insured losses associated with the Hurricane Rita disaster. During Hurricane Rita, the City sustained in excess of $6M in damages to City facilities. Most of the losses are insured by the City's building and personal property coverage with the Crum and Forster Insurance Company. Due to the magnitude of the losses,Administration feels that seeking the assistance of an independent public adjusting firm to provide consulting services for processing and filing claims is prudent. A public adjusting firm works for the insured, not the insurance company. The adjusting firm handles every detail of the claim, working closely with the insured to provide the more equitable and prompt settlement possible. Use of an independent adjuster helps ensure a thorough and complete claim that will maximize the City's insurance recovery. It also allows City staff to focus their efforts on repairing damages and returning City facilities back to pre-hurricane condition. Two firms were interviewed for providing the needed services. The interviewing team consisted of the City Manager,City Attorney, Finance Officer, Internal Services Director and the City's Liability Administrator. Upon the conclusion of the interviews, the team determined that NFA would be the most meritorious for providing public adjusting services to the City. NFA has been in business since 1922 and is the largest public adjusting firm in the United States and Canada. NFA agreed to provide the adjusting services for a fee of six percent(6%)of the loss when adjusted or otherwise recovered. The firm does not receive any compensation until the City's loss is paid by the insurance company. Page 2 of 6 Minutes-November 29,2006 Service fees are 6% of the recovered loss. All fees will be paid from recovered insurance proceeds. Councilmember Beaulieu made a motion to APPROVE RESOLUTION 05-247 THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AGREEMENT WITH NATIONAL FIRE ADJUSTMENT CO.,INC.(NFA)OF AMHERST,NEW YORK,TO PROVIDE PUBLIC ADJUSTING SERVICES TO THE CITY FOR INSURED LOSSES ASSOCIATED WITH THE HURRICANE RITA DISASTER. THE FEE IS OF SIX PERCENT (6%) OF THE LOSS WHEN ADJUSTED OR OTHERWISE RECOVERED. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU,AMES AND PATTERSON NAYS: NONE MOTION PASSED 2. Consider approving a contract related to voice communication system maintenance - Resolution 05-248 Administration recommended the award of a five (5) year contract to SBC Global Services, Inc. to provide maintenance on the new telephone system installed in March 2005. The total cost of the five (5) year service agreement is $140,911.26. The new system included networked hubs for City Hall, Police, Fire Headquarters and the Health Department. New phones with centralized voice mail capabilities, and internal programming were installed. All hardware was warranted for one(1)year with an effective date of March 6, 2005. The additional maintenance agreement will begin March 6, 2006 and will expire March 7, 2011. The total net cost of the telecommunication infrastructure upgrade after the lawsuit settlement discount of 30% is $140,911.26. Funds are available in the Internal Services Department, Building Services Division's budget. Mayor Pro Tern Samuel made a motion to APPROVE RESOLUTION 05-248 TO APPROVE A FIVE(5)YEAR CONTRACT, EFFECTIVE MARCH 6,2005 THROUGH MARCH 7,2011, WITH SBC GLOBAL SERVICES, INC., IN THE AMOUNT OF $140,911.26 FOR A MAINTENANCE AGREEMENT TO MAINTAIN THE NEW TELEPHONE SYSTEM INSTALLED IN MARCH,2005 AT CITY HALL, POLICE DEPARTMENT, HEALTH DEPARTMENT AND FIRE ADMINISTRATION. Councilmember Patterson seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, AMES AND PATTERSON NAYS: NONE MOTION PASSED Page 3 of 6 Minutes-November 29,2005 3. Consider approving a contract for the Water Line Replacement for North Street from 11 th Street to 6th Street - Resolution 05-249 Administration recommended approval of a contract with Brystar Contracting Inc., Beaumont, Texas, in the amount of$388,610 to replace approximately 3,766 linear feet of 8-inch water lines, to remove and replace approximately 5 fire hydrants, and to replace approximately 107 service line connections. The MBE goal will be met through subcontract with the certified MBE firm of Texas Mechanical Specialties for a total of$80,000. The existing water lines built in the 1950's have deteriorated and require replacement. The primary goals of the project are to restore the integrity of the water lines, increase pressure, and provide customers with uninterrupted and adequate service. Funds for the project are available in the Water Utilities Capital Improvement Fund. Councilmember Beaulieu made a motion to APPROVE RESOLUTION 05-249 THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH BRYSTAR CONTRACTING,INC.,BEAUMONT,TEXAS,IN THE AMOUNT OF$388,610 FOR THE WATER LINE REPLACEMENT FOR NORTH STREET FROM 11T" STREET TO 6T" STREET TO REPLACE APPROXIMATELY 3,766 LINEAR FEET OF 8-INCH WATER LINES,TO REMOVE AND REPLACE APPROXIMATELY FIVE (5) FIRE HYDRANTS, AND TO REPLACE APPROXIMATELY 107 SERVICE LINE CONNECTIONS. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, AMES AND PATTERSON NAYS: NONE MOTION PASSED 4. Consider approving a contract for roof replacement for the UTMB and Health Administration buildings - Resolution 05-250 Administration recommended awarding a bid for furnishing all labor, supplies, materials and equipment for replacing the roofs of the UTMB and Health Administration buildings to Prime Source Construction of Joshua, Texas in the total amount of $59,800. Prime Source has submitted references, which have each responded in a positive manner as to quality of work and professionalism. The roofs were damaged by Hurricane Rita, and need to be replaced to adequately weatherproof the buildings. Roofing bids have been exceedingly difficult to obtain since the storm, particularly for composition shingle roofs such as these, as most local vendors are predominantly performing residential repairs at this time. Due to the nature of the damage, funding for this project will be reimbursed from property insurance proceeds. Page 4 of 6 Minutes-November 29,2005 Councilmember Patterson made a motion to APPROVE RESOLUTION 05-520 THAT THE BID SUBMITTED BY PRIME SOURCE CONSTRUCTION OF JOSHUA,TEXAS, FOR FURNISHING ALL LABOR, SUPPLIES, MATERIALS AND EQUIPMENT FOR REPLACING THE ROOFS OF THE UTMB AND HEALTH ADMINISTRATION BUILDINGS IN THE AMOUNT OF$59,800 BE ACCEPTED BY THE CITY OF BEAUMONT. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU,AMES AND PATTERSON NAYS: NONE MOTION PASSED 5. Consider approving a contract for replacing overhead doors at the Fleet Maintenance Facility - Resolution 05-251 Administration recommended awarding a bid for furnishing all labor, supplies, materials and equipment for replacing eight (8) metal overhead doors at the Fleet Maintenance facility to Overhead Door Company of Beaumont in the total amount of$44,164. The doors were damaged by Hurricane Rita, and need to be replaced to adequately weatherproof and secure the building. The bid includes replacement of the doors, and installation of electric door operators for each of the eight (8) doors. While Tex-Pro is the apparent low bidder, the bid does not include the requested installation of the electric door operators, thereby rendering the bid to be non- responsive to specifications. Councilmember Smith made a motion to APPROVE RESOLUTION 05-251 THAT THE BID IN THE AMOUNT OF$44,164 SUBMITTED BY OVERHEAD DOOR COMPANY OF BEAUMONT, TEXAS FOR REPLACING EIGHT(8)METAL OVERHEAD DOORS AT THE FLEET MAINTENANCE FACILITY BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Patterson seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, AMES AND PATTERSON NAYS: NONE MOTION PASSED COUNCILMEMBER COMMENTS COUNCILMEMBER PATTERSON - NONE MAYOR PRO TEM SAMUEL- NONE Page 5 of 6 Minutes-November 29,2005 COUNCILMEMBER AMES - EXTENDED AN INVITATION TO THE HOLIDAY PARADE ON SATURDAY, DECEMBER 3. COUNCILMEMBER BEAULIEU - NONE COUNCILMEMBER SMITH - NONE CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR GOODSON - ASKED THE CITY MANAGER TO LOOK INTO THE FUTURE FACILITY PLANS FOR THE MUNICIPAL AIRPORT AND THE BEAUMONTYACHT CLUB;EXTENDED THANKS TO BARBARA OTTO AND ANGIE THOMAS FOR THEIR HELP WITH THE HOLIDAY PROGRAM; APPRECIATIVE OF THE WORK OF THE STAFF HERE AND THE STAFF IN WASHINGTON WHICH HAS LED ME TO SERVE ON THE FACULTY OF THE JOHN F. KENNEDY SCHOOL OF GOVERNMENT WHICH IS BEING CONDUCTED BY THE US CONFERENCE OF MAYOR WHICH IS AIMED AT NEW MAYORS AND MANAGING YOUR CITY DURING A TIME OF CRISIS; REMINDER OF THE ACTIVITIES COMING UP THIS WEEKEND AND ALSO TO SUPPORT ACTIVITIES FROM SISTER CITIES IN THE AREA Public Comments (Persons are limited to three minutes) Joseph Lewis Box 62 Beaumont TX Concerns with the City in hiring an adjusting firm, wanted information about the number of tree stumps and their removal and would like more detailed information available to citizens Meeting recessed at 2:20 p.m. Tour and assessment of the Julie Rogers Theatre and other Downtown facilities Upon return of Mayor and City Councilmembers from tour and assessment, Council meeting adjourned at 3:30 p.m. Audio t s are available upon request in the City Clerk's Office. 7 9 C � UMC�?',,1�1 AW Guy N. Goodson, Mayor V T // W, / / C� ! Rose Ann Jones, TRM(J City Clerk �� ���a� Page 6 of 6 Minutes-November 29,2005