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HomeMy WebLinkAboutPACKET MAR 21 2006 117Lj1j • ' L City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 21, 2006 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Approve a contract for the City of Beaumont's Fourth of July Celebration fireworks display B) Authorize the City Manager to execute an Access Agreement with Southwestern Bell Telephone, L.P. for access to a proposed telecommunication facility site • A ...... City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: March 21, 2006 AGENDA MEMO DATE: March 7, 2006 REQUESTED ACTION: Council approval of a contract for the City of Beaumont's Fourth of July Celebration fireworks display. RECOMMENDATION Administration recommends the approval of a contract with Alpha-Lee Enterprises,Inc.for the City of Beaumont's Fourth of July Celebration fireworks display on July 4, 2006 in the amount of $25,000. BACKGROUND Alpha-Lee Enterprises,Inc.of Friendswood,Texas has provided the City's Fourth of July fireworks display for the past twenty-one(2 1) years. This service is exempt from competitive bidding since it is a personal service of an artistic nature. Alpha-Lee provides an aerial fireworks display which lasts approximately 16-18 minutes and includes the firing of over 1,000 various size shells. The $25,000 fee includes all labor, equipment, transportation, insurance, and permits necessary to produce a professional fireworks display on July 4, 2006. The contract includes a rain date of July 5, 2006. BUDGETARY IMPACT Funds are available for this service in the General Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Community Services Director. B . City of Beaumont •�• Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: March 21, 2006 AGENDA MEMO DATE: March 1, 2006 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to execute an Access Agreement with Southwestern Bell Telephone, L.P. for access to a proposed telecommunication facility site. RECOMMENDATION Administration recommends the City Manager be authorized to execute the above named access agreement. BACKGROUND Southwestern Bell Telephone, L.P. requests an access easement from the City of Beaumont allowing the telecommunications company to cross City property to a proposed 0.036 acre telecommunication facility site located on Nichols Development Co. property. This agreement allows Southwestern Bell Telephone, L.P. to accommodate the construction, alteration,operation, and maintenance, as well as ingress and egress to, the telecommunication facilities, and its appurtenances along Dishman Road. BUDGETARY IMPACT None. PREVIOUS ACTION Nichols Development Co. has already consented to having the telecommunication facility site on their property. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director. \engsbc_access-ib.wpd 1 March 2006 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Access Agreement with Southwestern Bell Telephone, L.P. for access to a proposed telecommunication facility site on property described on Exhibits"A" and "B" attached hereto and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of March, 2006. - Mayor Guy N. Goodson - 8865 College Street,Suite 100 Schaumburg & Inc. lleaumont, Texas 77707 CONSULTING ENGINEERS Phone (409)866-0341 Fax (409)866-0337 EXHIBIT'IN, DESCRIPTION OF 0.036 ACRE ACCESS EASEMENT ACROSS A CITY OF BEAUMONT 30 FOOT WIDE STRIP OF LAND IN THE ALMONZER HUSTON SURVEY,ABSTRACT NO.33 t JEFFERSON COUNTY,TEXAS OCTOBER 31,2005 All that certain tract or parcel of land lying and being situated in Jefferson County,Texas,part of the ALMONZER HUSTON SURVEY,ABSTRACT NO.33 and being a part of that certain tract of land herein referred to as the"City of Beaumont"tract which said City of Beaumont tract being a 30 foot wide strip of land described in that certain instrument from Nichols Development Company of-Beaumont, .Texas to the City of Beaumont dated January 20, 2004-and recorded in County Clerk's File No. 2004002123. of the Official,Public Records of Jefferson County, Texas, and the said tract herein described being an access easement for the purpose of ingress and egress'and being more particularly described as follows: -BEGINNING at a Jefferson County Drainage District No. 6 monument found in the southerly right of way line•of Dishman Road,a 60 foot wide right of way,for the northwest comer of the said City. of Beaumont tract and being the northeast'comer of that certain tract herein referred to as the"3.36 acre" tract, which said 3.36 acre tract is described in that certain Final Judgment instrument from H. G. Nichols,Sr.et al to Jefferson County Drainage District No.6 dated November 14, 1990 and recorded in County Clerks.Film.Code No..103-43-0139 of the Official Public Records of Jefferson County,Texas with the said Drainage District No. 6 monument also being the northwest comer of that certain tract of land herein referred to as the."S.W.B.T. easement" tract which said S.W.B.T. easement tract being described in that certain instrument from Nichols Development Company to Southwestern Bell Telephone Company dated February 2,2000 and recorded in County Clerk's File No.2000005304 of the Official Public Records of Jefferson County,Texas; THENCE North 890 59'50"East(called North 890 59'50"East—Basis of Beatings)along and with the southerly right of way line of Dishman Road,the northerly line of the said City of Beaumont tract and the northerly line of the said S.W.B.T.easement tract,at 44.60 feet pass a%Z inch rod with cap found for the northeast comer of the said S.W.B.T.easement tract and continuing on the course of North 890 59'50"East for a total distance of 63.53 feet to a point for comer; THENCE South 00°00' 10"East across the said City of Beaumont tract a distance of 30.00 feet to a point for comer in the southerly line of the said City of Beaumont tract; THENCE South 89°59'50"West along and with the southerly line of the said City of Beaumont tract for a distance of 40.00 feet to a point for comer in the easterly line of the said 3.36 acre tract; THENCE North 38°06'22"West(called North 38°06'22"West)along and with the easterly - line of the said 3.36 acre tract,at 6.35 feet pass a%Z iron rod with cap found for the southeast coiner of the said S.W.B.T. easement tract and continuing on the course of North 380 06' 22"West for a total distance of 38.12 feet.to the Point of Beginning and Containing 0.036 acres of land,more or less. NOTE: See accompanying Plat. Prepared by Schaumburg&Polk,Inc. F.\FiCklaottsVeftrol629 Acm tract Almoma Huston Stittvey.doe 1240/75 9A0 AM i EXISTING SOUTHWESTERN BELL EASEMENT FOR TELECOMMUNICATIONS F Co.CLERK FILE N.200005304 DISHMAN ROAD O.P.RAC.TX. Y (CALLED 0.02 ACRES) P.O.B. $ (ACCESS EASEMENT) t . Tq 4.so PROPOSED CITY OF BEAUMONT Cl OF BEAU NT 0.036 ACRE EASEMENT 30'WIDE STRIP{GIFT DEED) 2) FOR ACCESS 0. 2 ES EASEM ( CO.CLERK FLLE NO.2004002123 CO.C FIL N0.200 1 `r O.P.R.of J.C.TX. o of C.TX. — — P.O.B. — — — — — — — — — — — — — — — — — — — — — — _ _3 (UiILtfY EASEMENT) L-5 30'R.O.W.DEDFCATKW 10 CITY OF BEAUMONT ft VOL. 1995,PG.455 D.R.of J.C.7X. b I PROPOSED 0.023 ACRE UTILITY EASEMENT FOR TELECOMMUNICATION FACILITIES NICHOLS DEVELOPMENT CO. \ `<< REMNANT of 46 ACRE TRACT \ �k0 FILM FILE NO. 102-09-0765 O.P.R.of J.C.TX SL cfl S� SCALE: 1•.4oFr. A. HUSTON SURVEY \p ` A-33 EXHIBIT 'B' \ \ PLAT O of a \ 0.036 ACRES ACCESS EASEMENT \ \ a(""a \ CITY or ELD1EDtf! 30 TOOT RIDE 8T1fS OF LAND in the \ \ ACCESS EASE ?IEM VyONm gU&M XURMr ABSTR,C!No. 33 LINE I BEARING I DISTANCE N C09RPT.TEMB 69'59'50"E 63.53 L-2 s 00'00'10"E 30.00 OCTOBn as.x000 s 69.59'50"W 40.00 (pp Appp� O L-4 N 3606'22"W 36.12 Nlsl.p l6 \ \ Schaumburg&Polk.Inc. CO NlVLYlNO EN OIN EE R! At F.\��\IWnOUNA�?�_0lr,y4��w. City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 21,2006 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition- Adopt-A-Street Program * Public Comment: Persons may speak on scheduled agenda items 2-5/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Public Hearing: Receive comments relating g to two dr aft ordinances which would prohibit smoking in public places. One draft ordinance relates to a 100% smoking ban in public places and the other ordinance would allow smoking in designated enclosed areas and allows for other exceptions. 2. Consider approving a contract through the Houston-Galveston Area Council (H-GAC)with R. W. Beck, Inc. for debris management and disaster recovery services 3. Consider approving the purchase of fleet vehicles through the State of Texas Cooperative Purchasing Program 4. Consider authorizing the City Manager to increase the Water Treatment Plant 14 Million Gallons Per Day(MGD)Expansion and Miscellaneous Improvements Project amount for"extra work" 5. Consider a request from The Landmark Group, Inc. for a loan from the City of Beaumont for on-site development costs associated with an application for tax credits from the Texas Department of Housing and Community Affairs • 6. Public Hearing: Receive comments on an application to receive special earmarked grant money from the Federal Transit Administration(FTA)for the purchase of new communications equipment for Beaumont Municipal Transit vehicles Consider authorizing the City Manager to submit an application to receive special earmarked grant money from the Federal Transit Administration(FTA) for the • purchase of new communications equipment for Beaumont Municipal Transit vehicles 7. Public Hearing: Receive comments on an application to the Federal Transit Administration for FY 2006 Operating Assistance and funding for the Compressed Natural Gas(CNG)Fueling Facility Consider authorizing the City Manager to submit an application to the Federal Transit Administration for FY 2006 Operating Assistance and for funding the construction, maintenance, and operation of a Compressed Natural Gas (CNG) Fueling Facility COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: • Brenda Batiste v. City of Beaumont, Texas, et al Washington Mutual Bank v. City of Beaumont ACM Cities' Motion to Deny Centerpoint's Request for Declaratory Relief and Motion to Dismiss Centerpoint's Petition for Review, GUD Docket No. 9630 Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting. ! 1 March 21, 2006 Public Hearing: Receive comments relating to two draft ordinances which would prohibit smoking in public places. One draft ordinance relates to a 100% smoking ban in public places and the other ordinance would allow smoking in designated enclosed areas and allows for other exceptions. • • 100/°° NO SMOKING DRAFT ORDINANCE NO. ENTITLED AN ORDINANCE ENACTING A NEW CHAPTER FOUR OF THE CODE OF ORDINANCES REGULATING SMOKING IN PUBLIC PLACES; CREATING OFFENSES; PROVIDING PENALTIES;PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS,numerous studies have found that tobacco smoke is a major contributor to indoor air pollution,and that breathing secondhand smoke(also known as environmental tobacco smoke) is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer. The National Cancer Institute determined in 1999 that secondhand smoke is responsible for the early deaths of up to 65,000 Americans annually; and WHEREAS, the Public Health Service's National Toxicology Program (NTP) has listed secondhand smoke as a known carcinogen; a^d WHEREAS,a study of hospital admissions for acute myocardial infarction in Helena Montana, before, during and after a local law eliminating smoking in workplaces and public places was in effect, has determined that laws to enforce smoke-free workplaces and public places may be associated with a reduction in morbidity from heart disease; and WHEREAS, secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. Children exposed to secondhand smoke have an increased risk of asthma, respiratory infections, sudden infant death syndrome, developmental abnormalities, and cancer; and Page 1 G:\RMWWO SMOKING ORD 100%.WPD 100% NO SMOKING WHEREAS, the Americans With Disabilities Act, which requires that disabled persons have access to public places and workplaces,deems impaired respiratory function to be a disability; and WHEREAS,the U.S. Surgeon General has determined that the simple separation of smokers and nonsmokers within the same airspace may reduce,but does not eliminate, the exposure of nonsmokers to secondhand smoke. The Environmental Protection Agency has determined that secondhand smoke cannot be reduced to safe levels in businesses by high rates of ventilation. Air cleaners,which are only capable of filtering the particulate matter and odors in smoke, do not eliminate the known toxins in secondhand smoke; and WHEREAS,The Centers for Disease Control and Prevention has determined that the risk of acute myocardial infarction and coronary heart disease associated with exposure to tobacco smoke is non-linear at low doses, increasing rapidly with relatively small doses such as those received from secondhand smoke or actively smoking one or two cigarettes a day, and has warned that all patients at increased risk of coronary heart disease or with known coronary artery disease should avoid all indoor environments that permit smoking; and WHEREAS, a significant amount of secondhand smoke exposure occurs in the workplace. Employees who work in smoke-filled businesses suffer a 25-50% higher risk of heart attack and higher rates of death from cardiovascular disease and cancer, as well as increased acute respiratory disease and measurable decrease in lung function; and Page 2 G:\RMW\No SMOKING ORD 100%.WPD 100% NO SMOKING WHEREAS, smoke-filled workplaces result in higher worker absenteeism due to respiratory disease, lower productivity, higher cleaning and maintenance costs, increased health insurance rates, and increased liability claims for diseases related to exposure to secondhand smoke; and WHEREAS,smoking is a potential cause of fires; cigarette and cigar burns and ash stains on merchandise and fixtures causes economic damage to businesses; and WHEREAS, the smoking of tobacco is a form of air pollution, a positive danger to health, and a material public nuisance; and WHEREAS,the purposes of this ordinance are (1)to protect the public health and welfare by prohibiting smoking in public places and places of employment; and (2) to guarantee the right of nonsmokers to breathe smoke-free air, and to recognize that the need to breathe smoke-free air shall have priority, over the desire to smoke; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT a new Chapter Four be enacted to read as follows: Page 3 G:\RMW\N0 SMOKING ORD 100%.WPD 100% NO SMOKING "Chapter 4 SMOKING IN PUBLIC PLACES. ARTICLE I. GENERAL PROVISIONS. See. 4-1. Definitions. (1) Employee means any person who is employed in consideration of direct or indirect monetary wages,commissions or profits and any contract employee. Employee includes a person who volunteers for a non-profit entity. (2) Employer means a person that employs the services of one or more individuals. (3) Enclosed Area means a space that is enclosed on all sides by solid impermeable walls that extend from the floor to the ceiling, inclusive of windows and doors. (4) Fraternal Organization means a nonprofit organization that: (a) is chartered by a national organization in existence since 1953; (b) is tax exempt under Section 501(c)(8), (10), or (19) of the Internal Revenue Code; (c) operates under a lodge system with a representative form of government; and (d) is organized for the exclusive benefit of the members of the organization and their dependents. (5) Operator means the owner or person in charge of a public place or workplace, including an employer. (6) Public Place means an enclosed area or any portion thereof that is accessible by the public or which the public is admitted by general invitation or that is an enclosed workplace. (7) Private Club means any building, premise or portion thereof which is permitted by the state as a private club for the storing, possession an Page 4 GARMW\No SMOKING ORD 100%.WPD 100%NO SMOKING dispensing for on premises consumption of alcoholic beverages. The term "private club" additionally includes a premise operated by an organization which is not available to and not customarily used by the general public and entry and privileges thereto are established by regulations of that organization distinct from a Texas Alcohol and Beverage private club membership. (8) Retail Tobacco Store means a retail store used primarily for the sale of tobacco products and accessories and in which the sale of other non- tobacco products is incidental. (9) Smoke or Smoking means to inhale or exhale smoke from or to light, hold, or carry a lighted cigarette, cigar, pipe, or other device used for smoking. (10) Workplace means an enclosed area under the control of a public or private employer in which employees work or have access during the course of their employment. Sec. 4-2. Smoking Prohibited. (A) A person commits an offense if the person smokes in an enclosed public place within the City of Beaumont. (B) A person commits an offense if the person smokes in an enclosed area in a building or facility owned, leased, or operated by the City. (C) A person commits an offense if the person smokes in an enclosed area of a workplace. (D) Except as provided in Section 4-10 (Outdoor Distance Exception) a person commits an offense if the person smokes within a distance of fifteen feet (15') from the primary public pedestrian entrance to or an operable window of an enclosed area in which smoking is prohibited. (E) The owner, operator or other person in control of a public place commits an offense if the person fails to take reasonable steps to prevent or stop another person from smoking in an enclosed area in a public place. (F) A person commits an offense if the person smokes in the seating area of an outdoor arena, stadium or amphitheater. Page 5 G:\RMIMNO SMOKING ORD 100%.WPD 100% NO SMOKING Sec. 4-3. Signs Required. (A) The owner,operator,or other person in control of a public place or workplace where smoking is prohibited shall conspicuously post a sign at each entrance to the premises clearly stating that smoking is prohibited on the premises or is only permitted in designated areas of the premises. (B) The owner, operator, or other person in control of a public place shall conspicuously post signs in areas where smoking is permitted under Article II (Exceptions). (C) A sign posted under this section shall include the telephone number at the Public Health Department where a person may call to make a complaint under this chapter. (D) It is an affirmative defense to prosecution under this chapter that an owner, operator, or other person in control of the premises failed to post a sign required under this section. Sec. 4-4. Employer Responsibilities. (A) Except as provided in Subsection (B), an employer shall provide a smoke- free workplace for employees. (B) If an employer requires employees to work in an area described in Article II (Exceptions), the employer shall make reasonable accommodations for an employee who requests assignment to a smoke-free area. (C) An employer shall notify each employee and applicant for employment in writing that: (1) smoking in the workplace is prohibited; or (2) smoking is only permitted in designated areas of the workplace under Article II (Exceptions). Sec. 4-5. Removal of Ashtray or Smoking Accessory. The owner, operator, or other person in control of a public place and an employer shall remove any ashtray or other smoking accessory from a place where smoking is prohibited. Page 6 G:\RMWWO SMOKING ORD 100%.WPD 100%NO SMOKING Sec. 4-6. Voluntary Designation of a Non-Smoking Facility. Nothing in this chapter implies that the owner, operator, or other person in control of an outdoor public place is prohibited from designating the entire facility as non-smoking. Smoking shall be prohibited in any place in which a sign conforming to the requirements of Section 4-3 is posted. Sec. 4-7. Public Education. (A) The city manager or his designee shall: (1) develop a comprehensive tobacco education program to educate the public about the harmful effects of tobacco and its addictive qualities; (2) conduct informational activities to notify and educate businesses and the public about this chapter; and (3) coordinate the City's tobacco education program with other civic or volunteer groups organized to promote smoking prevention and tobacco education. (B) To implement this section,the city manager or his designee may publish and tY 9 9 Y P distribute educational materials relating to this chapter to businesses, their employees, and the public. Sec. 4-8. Application of Other Law. This chapter is cumulative of other laws that regulate smoking. ARTICLE ll. EXCEPTIONS Sec. 4-9. General Exceptions. This chapter does not apply to: (1) a dwelling unit, as defined in Section 30-4(b)(20), that is used exclusively for private residential use; (2) a hotel or motel room that is ordinarily used for sleeping and is designated as a smoking room, except that no more than twenty-five percent (25%) of Page 7 G:XRMWWO SMOKING ORD 100%.WPD 100% NO SMOKING the rooms in a hotel or motel rented to guests may be designated as smoking rooms; (3) a retail tobacco store that is mechanically ventilated to prevent smoke from entering a non-smoking area; (4) a facility operated by a fraternal organization for a charitable, benevolent, or educational function if the facility is controlled by the organization and operated exclusively for the benefit of the membership; (5) an outdoor area of a public place that is not in the area described by Subsection 4-2(D) (Smoking Prohibited); (6) private clubs; (7) outdoor areas of workplaces except as provided for by the provisions of Sections 4-2(D) or 4-10; and (8) participants in an authorized theatrical performance. Sec. 4-10. Outdoor Distance Exception. A person may smoke within fifteen feet (15') of an entrance to a restricted sm^kin,_71 faculty ii.- (1) the entrance is not the primary public pedestrian entrance to the premises; or (2) the distance between the entrance and the adjacent roadway is less than fifteen feet (15'). ARTICLE Ill. PENALTIES AND ENFORCEMENT Sec. 4-11. Retaliation Prohibited. A person commits an offense if the person discharges, refuses to hire, or retaliates against a customer, employee, or applicant for employment because the customer, employee, or applicant for employment reports a violation of this chapter. Page 8 GARM1MN0 SMOKING ORD 100%.WPD 100% NO SMOKING Sec. 4-12. Enforcement. (A) This section is cumulative of other laws providing enforcement authority. (B) A person may report a violation of this chapter to the director of the Public Health Department or his/her designee. (C) The city manager or his designee may authorize a city employee conducting an inspection under any provision of the Code to also inspect for compliance with this chapter and issue a citation for a violation of this chapter. (D) The director of the Public Health Department or his/her designee may enforce this chapter and may seek injunctive relief. Sec. 4-13. Enforcement Guidelines. The city manager or his designee shall adopt enforcement guidelines applicable to this chapter. Sec. 4-14. Violation and Penalty. (A) A person who violates the provisions of this chapter commits a Class C misdemeanor, punishable under Section 1-8 (General Penalty) by a fine not to exceed Five Hundred Dollars ($500). A culpable mental state is not required for a violation of this chapter, and need not be proved. (B) Each day an offense occurs is a separate violation." Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Page 9 GARMW\NO SMOKING ORD 100%.WPD 100%NO SMOKING Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , 2006. - Mayor Guy N. Goodson - Page 10 G:\RMWWO SMOKING ORD 100%.WPD ORDINANCE NO. DR AFT ENTITLED AN ORDINANCE ENACTING A NEWCHAPTER FOUR OF THE CODE OF ORDINANCES REGULATING SMOKING IN PUBLIC PLACES; PROVIDING FOR A SMOKING PERMIT AND RENEWAL; CREATING OFFENSES; PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS,numerous studies havefound that tobacco smoke is a major contributor to indoor air pollution,and that breathing secondhand smoke(also known as environmental tobacco smoke) is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer. The.National Cancer Institute determined in 1999 that secondhand smoke is responsible forthe early deaths of up to 65,000 Americans annually; and WHEREAS, the Public Health Service's National Toxicology Program (NTP) has listed secondhand smoke as a known carcinogen; and WHEREAS,a study of hospital admissions for acute myocardial infarction in Helena Montana, before,during and after a local law eliminating smoking in workplaces and public places was in effect, has determined that laws to enforce smoke-free workplaces and public places may be associated with a reduction in morbidity from heart disease; and WHEREAS, secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. Children exposed to secondhand smoke have an increased risk of asthma, respiratory infections,sudden infant death syndrome, developmental abnormalities, and cancer; and Page 1 G:\RMWWO SMOKING ORD.WPD WHEREAS, the Americans With Disabilities .Act, which requires that disabled persons have access to public places and workplaces,deems impaired respiratory function to be a disability; and WHEREAS,the U.S. Surgeon General has determined that the simple separation of smokers and nonsmokers within the same airspace may reduce, but does not eliminate, the exposure of nonsmokers to secondhand smoke. The Environmental Protection Agency has determined that secondhand smoke cannot be reduced to safe levels in businesses by high rates of ventilation. Air cleaners, which are only capable of filtering the particulate matter and odors in smoke, do not eliminate the known toxins in secondhand smoke; and WHEREAS,The Centers for Disease Control and Prevention has determined that the risk of acute myocardial infarction and coronary heart disease associated with exposure to tobacco smoke is non-linear at low doses, increasing rapidly with relatively small doses such as those received from secondhand smoke or actively smoking one or two cigarettes a day, and has warned that all patients at increased risk of coronary heart disease or with known coronary artery disease should avoid all indoor environments that permit smoking; and WHEREAS, a significant amount of secondhand smoke exposure occurs in the workplace. Employees who work in smoke-filled businesses suffer a 25-50% higher risk of heart attack and higher rates of death from cardiovascular disease and cancer, as well as increased acute respiratory disease and measurable decrease in lung function; and WHEREAS, smoke-filled workplaces result in higher worker absenteeism due to respiratory disease, lower productivity, higher cleaning and maintenance costs, increased Page 2 G:\RMW\No SMOKING ORD.WPD health insurance rates, and increased liability claims for diseases related to exposure to secondhand smoke; and WHEREAS,smoking is a potential cause of fires; cigarette and cigar burns and ash stains on merchandise and fixtures causes economic damage to businesses; and WHEREAS, the smoking of tobacco is a form of air pollution, a positive danger to health, and a material public nuisance; and WHEREAS, between 2000 and 2004, cigarette use among middle school and high school youth in the Beaumont/Port Arthur comprehensive program area decreased at more than four times the state rate; and WHEREAS, statewide, Texas youth cigarette use increased among middle school youth and decreased only slightly at the high school level between 2001 and 2004; and WHEREAS, comprehensive community-based tobacco use prevention and control programs are effective in redur-_ing youth ci-larette use; F:r,-' WHEREAS, the purposes of this ordinance are (1)to protect the public health and welfare by prohibiting smoking in public places and places of employment; and (2) to guarantee the right of nonsmokers to breathe smoke-free air, and to recognize that the need to breathe smoke-free air shall have priority over the desire to smoke; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT a new Chapter Four be enacted to read as follows: Page 3 G:%RMMN0 SMOKING ORD.WPD "Chapter 4 SMOKING IN PUBLIC PLACES. ARTICLE I. GENERAL PROVISIONS. Sec. 4-1. Definitions. (1) Bar means an establishment which has more than seventy (70) percent of its annual gross sales in alcoholic beverages and which is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which h I incidental to the consumption of such the serving of food is only p beverages and where minors are not allowed admittance unless accompanied by a parent or legal guardian. Restaurants that contain a bar are not considered a "bar" because minors are admitted in these areas. (2) Designated Smoking Area means an area in a public place in which an operator or employer permits smoking under this chapter. (3) Employee means any person who is employed in consideration of direct or indirect monetary wages,commissions or profits and any contract employee. Employee includes a person who volunteers for a non-profit entity. (4) Employer means a person that employs the services of one or more individuals. (5) Enclosed Area means a space that is enclosed on all sides by solid impermeable walls that extend from the floor to the ceiling, inclusive of windows and doors. (6) Fraternal Organization means a nonprofit organization that: (a) is chartered by a national organization in existence since 1953; (b) is tax exempt under Section 501(c)(8), (10), or (19) of the Internal Revenue Code; (c) operates under a lodge system with a representative form of government; and (d) is organized for the exclusive benefit of the members of the organization and their dependents. Page 4 G:\RMW\N0 SMOKING ORD.WPD (7) Operator means the owner or person in charge of a public place or workplace, including an employer. (8) Public Place means an enclosed area or any portion thereof that is accessible by the public or which the public is admitted by general invitation or that is an enclosed workplace. (9) Private Club means any building, premise or portion thereof which is permitted by the state as a private club for the storing, possession an dispensing for on premises consumption of alcoholic beverages. The term "private club" additionally includes a premise operated by an organization which is not available to and not customarily used by the general public and entry and privileges thereto are established by regulations of that organization distinct from a Texas Alcohol and Beverage private club membership. (10) Private Function means the rental of a ballroom, restaurant, private club, or other facility for the sole purpose of entertaining, private parties, events or other social functions. (11) Restaurant means a premise primarily engaged in the preparation and sale of food, with or without alcohol, for on-premises or off-premises consumption, including a bar area located in a restaurant. The term shall include restaurant outdoor seating areas where food service is provided to its patrons. (12) Retail Tobacco Store means a retail store used primarily for the sale of tobacco products and accessories and in which the sale of other non- tobacco products is incidental. (13) Smoke or Smoking means to inhale or exhale smoke from or to light, hold, or carry a lighted cigarette, cigar, pipe, or other device used for smoking. (14) Workplace means an enclosed area under the control of a public or private employer in which employees work or have access during the course of their employment. Sec. 4-2. Smoking Prohibited. (A) Except as permitted in this chapter, a person commits an offense if the person smokes in an enclosed public place within the City of Beaumont. Page 5 G:\RMWWO SMOKING ORD.WPD (B) A person commits an offense if the person smokes in an enclosed area in a building or facility owned, leased, or operated by the City. (C) Except as permitted in this chapter, a person commits an offense if the person smokes in an enclosed area of a workplace. (D) Except as provided in Section 4-12 (Outdoor Distance Exception) a person commits an offense if the person smokes within a distance of fifteen feet (1 V) from the primary public pedestrian entrance to or an operable window of an enclosed area in which smoking is prohibited. (E) The owner, operator or other person in control of a public place commits an offense if the person fails to take reasonable steps to prevent or stop another person from smoking in an enclosed area in a public place. (F) Except as permitted in this chapter, a person commits an offense if the person smokes in the seating area of an outdoor arena, stadium or amphitheater. Sec. 4-3. Signs Required. (A) The owner,operator,or other person in control of a public place or workplace where smoking is prohibited shall conspicuously post a sign as provided by the Health Department: (1) at each entrance to the premises clearly stating that: (a) smoking is prohibited on the premises; (b) smoking is permitted on the premises; or (c) smoking is only permitted in designated areas of the premises; (2) in an area in a restricted smoking facility designated as a smoking area stating that smoking is permitted in the area; and (3) in an area in a restricted smoking facility designated as a non- smoking area stating that smoking is prohibited in the area. (B) The owner, operator, or other person in control of a public place shall conspicuously post signs in areas where smoking is permitted under Article II (Exceptions). Page 6 G:\RMVV\N0 SMOKING ORD.WPD (C) An owner, operator, or other person in control of a public place where smoking is permitted under Sections 4-14 (Unrestricted Smoking Facility)or 4-15 (Restricted Smoking Facility) shall conspicuously display the window decal issued by the director of the Health Department. (D) A sign posted under this section shall include the telephone number at the- Public Health Department where a person may call to make a complaint under this chapter. (E) It is an affirmative defense to prosecution under this chapter that: (1) an owner, operator, or other person in control of the premises failed to post a sign required under this section; or (2) the person is in possession of the burning tobacco product or smokes tobacco exclusively within a validly permitted unrestricted or restricted smoking area. Sec. 4-4. Employer Responsibilities. (A) Except as provided in Subsection (B), an employer shall provide a smoke- free workplace for employees. (B) If an employer requires employees to work in an area described in Article II (Exceptions), the employer shall make reasonable accommodations for an employee who requests assignment to a smoke-tree area. (C) An employer shall notify each employee and applicant for employment in writing that: (1) smoking in the workplace is prohibited; (2) smoking in the workplace is permitted; or (3) smoking is only permitted in designated areas of the workplace under Article II (Exceptions). Sec. 4-5. Removal of Ashtray or Smoking Accessory. The owner, operator, or other person in control of a public place and an employer shall remove any ashtray or other smoking accessory from a place where smoking is prohibited. Page 7 G:\RMIMNO SMOKING ORD.WPD Sec. 4-6. Voluntary Designation of a Non-Smoking Facility. Nothing in this chapter implies that the owner, operator, or other person in control of an enclosed or outdoor public place is prohibited from designating the entire facility as non-smoking. Smoking shall be prohibited in any place in which a sign conforming to the requirements of Section 4-3 is posted. Sec. 4-7. Public Education. (A) The city manager or his designee shall: (1) develop a comprehensive tobacco education program to educate the public about the harmful effects of tobacco and its addictive qualities; (2) conduct informational activities to notify and educate businesses and the public about this chapter; and (3) coordinate the City's tobacco education program with other civic or volunteer groups organized to promote smoking prevention and tobacco education. (B) To implement this section,the city manager or his designee may publish and distribute educational materials relating to this chapter to businesses, their employees, and the public. Sec. 4-8. Application of Other Law. This chapter is cumulative of other laws that regulate smoking. ARTICLE ll. EXCEPTIONS Sec. 4-9. General Exceptions. This chapter does not apply to: (1) a dwelling unit, as defined in Section 30-4(b)(20),that is used exclusively for private residential use; (2) a hotel or motel room that is ordinarily used for sleeping and is designated as a smoking room, except that no more than twenty-five percent (25%) of the rooms in a hotel or motel rented to guests may be designated as smoking rooms; Page 8 G:\RMWUJO SMOKING ORD.WPD (3) a retail tobacco store that is mechanically ventilated to prevent smoke from entering a non-smoking area; (4) an enclosed meeting room that is used for a private function; (5) a facility operated by a fraternal organization for a charitable, benevolent, or educational function if the facility is controlled by the organization and operated exclusively for the benefit of the membership; (6) an outdoor area of a public place that is not in the area described by Subsection 4-2(D) (Smoking Prohibited); (7) private clubs; (8) outdoor areas of workplaces except as provided for by the provisions of Sections 4-2 or 4-12; and (9) participants in an authorized theatrical performance. Sec. 4-10. Smoking Permitted in Certain Public Places. (A) An owner,operator or other person in control may designate a smoking area in a public place and permit smoking in the area as provided under Article III (Permit Requirements). (B) Except as provided by Article II (Exceptions), a person may not smoke in a public place except in a designated smoking area. Sec. 4-11. Exception for Bar or Restaurant. A person may smoke in an enclosed area of a bar if the owner or operator of the premises has obtained: (1) an unrestricted smoking permit under Section 4-14 (Unrestricted Smoking Facility); or (2) a restricted smoking permit under Section 4-15(Restricted Smoking facility). Sec. 4-12. Outdoor Distance Exception. A person may smoke within fifteen feet(15') of an entrance to a restricted smoking facility if: Page 9 G:\RMIMNO SMOKING ORD.WPD (1) the entrance is not the primary public pedestrian entrance to the premises; or (2) the distance between the entrance and the adjacent roadway is less than fifteen feet (15'). ARTICLE 111. PERMIT REQUIREMENTS. Sec. 4-13. Permit Required. The owner, operator, or other person in control of an unrestricted or restricted smoking facility under this article must obtain a permit before the operator may allow smoking within or at the facility. Sec. 4-14. Unrestricted Smoking Facility. The owner, operator, or other person in control of a bar may permit smoking in the entire premises if: (1) the owner, operator, or other person in control obtains an unrestricted smoking permit; (2) the business premises earns not less than seventy percent(70%)of its total annual revenue from the sale of alcoholic beverages for on-premises consumption calculated as the revenue from the sale of alcoholic beverages divided by the revenue from the sale of alcoholic beverages and food combined; and (3) no one under the age of eighteen (18) is admitted to the facility unless accompanied by a parent or legal guardian. Sec. 4-15. Restricted Smoking Facility. The owner, operator, or other person in control of a bar or restaurant may permit smoking in a designated smoking area if: (1) the owner, operator, or other person in control obtains a restricted smoking permit; P (2) no one under the age of eighteen (18) is admitted to the designated smoking area unless accompanied by a parent or legal guardian; and Page 10 G:\RMWUJO SMOKING ORD.WPD (3) the designated smoking area is equipped with a separate,operational HVAC system designed to prevent smoke from entering a nonsmoking area and is separate from a dining area and is a fully enclosed area. Sec. 4-16. Permit Application; Fees; Term and Renewal. (A) The director of the Health Department shall issue a permit, including signs and window decals, to an applicant who complies with the requirements of this section. Additional signs and/or decals provided subsequent to the issuance of the original permit shall be at a cost of five dollars ($5.00) each. (B) The owner, operator, or other person in control of a bar or restaurant must file an application for a permit with the director of the Health Department on a form approved by the director and pay an application fee. (C) An application under this section shall include: (1) the name, mailing address, and telephone number of the applicant; (2) the name, address, and telephone number of the business premises at which smoking will be permitted; (3) if applicable under Section 4-14 (Unrestricted Smoking Facility), an affidavit from a certified public accountant relating to the calculation of the annual income and a copy of the alcoholic beverage permit issued to the premises; (4) a statement that the applicant has obtained a copy of this chapter and related rules and agrees to comply with this chapter, related rules, and the terms and conditions of a permit issued to the applicant; and (5) other information the director determines is necessary. (D) A permit issued under this chapter is non-transferable. (E) Every application for a permit (whether for an original permit or for renewal of an existing license) shall be accompanied by a two hundred and forty dollar ($240.00) non-refundable application fee. The director of the Health Department is hereby,authorized to collect this fee as established in this , section. Page 11 G:\RMW\NO SMOKING ORD.WPD I (F) Permit fees for original permits issued after January 1$t will be prorated on a monthly basis. A permit issued under this article is valid for a period of one (1) year from January 1st to December 31st G A ermittee shall file an application for renewal of a permit and a the ( ) P PP P PY renewal fee before the permit's expiration date. Failure to renew shall result in a penalty of one hundred dollars ($100.00) per month and may also be subject to other penalties as may be provided for in this chapter. (H) A renewal application shall comply with the requirements of Section 4-16. ARTICLE IV. PENALTIES AND ENFORCEMENT Sec. 4-17. Retaliation Prohibited. A person commits an offense if the person discharges, refuses to hire, or retaliates against a customer, employee, or applicant for employment because the customer, employee, or applicant for employment reports a violation of this chapter. Sec. 4-18. Enforcement. (A) This section is cumulative of other laws providing enforcement authority. (B) A person may report a violation of this chapter to the director of the Health Department. (C) The city manager or his designee may authorize a city employee conducting an inspection under any provision of the Code to also inspect for compliance with this chapter and issue a citation for a violation of this chapter. (D) The director of the Health Department may enforce this chapter and may seek injunctive relief. Sec. 4-19. Enforcement Guidelines. The city manager or his designee shall adopt enforcement guidelines applicable to this chapter. Sec. 4-20. Inspections; reports. (A) Each facility for which a permit is issued shall be inspected at least once every twelve (12) months to determine compliance with this chapter. As Page 12 G:\PMWW0 SMOKING ORD.WPD many additional inspections as are determined to be necessary by the health director may be made to insure enforcement of this article. (B) Whenever an inspection is made of a public place, the findings shall be recorded on an inspection report form and a copy of each inspection report shall be provided to the person in charge of the establishment. The original inspection report shall be filed with the records of the department. (C) The inspection report form shall set forth the following: (1) the specific conditions in the smoking area, if any,that are in violation of this article; (2) that a hearing will be held before the health director if written notice of appeal is filed in the office of the director within ten (10) days after the date of the inspection; (3) that the appeal may be filed by the person in possession or control of the public place; (4) that the appeal must be filed on a form prescribed for that purpose by the director; and (5) that the person in possession or control may appear in person and/or be represented by counsel and may present testimony and may cross-examine all witnesses. If smoking areas are found to be in violation within two (2) or more enclosed areas, then a separate inspection report shall be issued for each enclosed area. Sec. 4-21. Suspension or revocation of permits. A permit may be suspended by the health director for any period of time from one (1) day to thirty(30) days, or may be revoked. The health director shall give written notice of suspension or revocation to the holder of a permit. The notice of suspension shall include the dates of the proposed suspension and the reasons therefor. The notice of revocation shall include the reasons for the proposed revocation. The holder of a permit may request a hearing by written notice to the health director within ten (10) days of the receipt of notice of suspension or revocation. Upon receipt of a written request for hearing, the health director shall notify the permit holder of the time and place for a hearing to be held not less than five (5) nor more than fifteen (15) days after receipt of request for hearing. After hearing, the health director may, upon a finding that one or more grounds Page 13 G:\RMWWO SMOKING ORD.WPD for revocation or suspension exists, revoke or suspend the permit. If no ground for revocation or suspension is found by the health director, he shall overrule the revocation or suspension. A record shall be made of any hearing held under this section, and all costs associated with such hearing and record shall be paid by the permit holder. The health director shall render his decision in writing within ten (10)days of the conclusion of the hearing. The following shall be grounds for revocation or suspension of a permit by the health director: ( ) p employer the permit holder or an or any employee of the permit holder has P Y violated any provision of this chapter; (2) the permitted premises is the location of three (3) or more violations of this chapter within a six (6) month period of time. Sec. 4-22. Appeal. Appeal of the decision to revoke or suspend a permit by the health director shall be made to the city manager and shall be heard only upon the record made of the hearing before the health director. The substantial evidence rule shall apply. The city manager or his designee shall hear said appeal upon receipt of a request in writing for such appeal received within fifteen (15) days after the date of the decision of revocation by the health director. The record of the hearing before the health director shall be attached as a part of the request for appeal to the city manager. The decision of the city manager or his designee shall be final. Sec. 4-23. Violation and penalty. (A) A person who violates the provisions of this chapter commits a Class C misdemeanor, punishable under Section 1-8 (General Penalty) by a fine not to exceed Five Hundred Dollars ($500). A culpable mental state is not required for a violation of this chapter, and need not be proved. (B) Each day an offense occurs is a separate violation." Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this Page 14 GARMWWO SMOKING ORD.WPD ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 31" day January, 2006. - Mayor Guy N. Goodson - Page 15 G:\RMWWO SMOKING ORD.WPD 6 P & � W l t _ F • I.1 (... UR' Major Cities with No Smoking Laws Austin, TX Bar Harbor, ME Boston, MA Breckenridge, CO Dallas, TX Daytona Beach, FL The Ham p tons NY Houston, TX Los Angeles, CA Madison, WI New York, NY ' ' AMERICAN NONSMOKERS' RIGHTS FOUNDATION Defending your right to breathe smokefree air since 1976 Smoking Law Status in Major U.S. Travel Destinations January 3, 2006 The following list provides the current status of the smoking laws with respect to restaurants, attached bars, freestanding bars, and hotel and motel rooms in more than 50 major business and vacation travel destinations in the United States. Those destinations in blue indicate that restaurants, including attached bars, and/or freestanding bars must be 100"/. smokefree. Call or write the local chamber of commerce or restaurant association to let them know either that you appreciate the location's smokefree law or that you are disappointed in the lack of a smokefree law. For further information, contact the American Nonsmokers' Rights Foundation at(510) 841-3032, or email us at anr(a�no- snioke.orj!. Aspen, CO: Smoking in restaurants is restricted to separately ventilated rooms. No restrictions on attached bars, freestanding bars, or hotel and motel rooms. Atlanta, GA: All restaurants must be smokefree except that smoking is permitted in attached bars that are in separate rooms. At least 80% of hotel and motel rooms must be nonsmoking. Austin,TX: All restaurants and bars must be 100% smokefree. At least 75% of hotel and motel rooms must be nonsmoking. Bar Harbor, ME: All restaurants and bars must be 100% smokefree. No restrictions on hotel and motel rooms. Boston, MA: All restaurants and bars must be 100% smokefree. No restrictions on hotel and motel rooms. Breckenridge, CO: All restaurants and bars must be 100% smokefree. No restrictions on hotel and motel rooms. Burlington, VT: All restaurants and bars must be 100% smokefree. No restrictions on hotel and motel rooms. Charleston, WV: All restaurants must be smokefree except that smoking is permitted in separately ventilated attached bars. No restrictions on freestanding bars. At least 75% of hotel and motel rooms must be nonsmoking. Chicago, IL: All restaurants must be at least 30% nonsmoking. No restrictions on attached bars, freestanding bars, or hotel and motel rooms. Cincinnati, OH: All restaurants may have smoking areas of indeterminate size. At least 70% of hotel and motel rooms must be nonsmoking. 2530 San Pablo Avenue, Suite J • Berkeley, California 94702 • (510) 841-3032/FAX (510) 841-3071 www.no-smoke.org • am @no-smoke.org Page 1 of 5 Cleveland, OH: Restaurants with 30 or more seats must have nonsmoking section to meet customer demand. No restrictions on attached bars or freestanding bars. Hotels and motels must have sufficient nonsmoking rooms to meet customer demand. Dallas, TX: All restaurants. including attached bars, must be 100% smokefree. No restrictions on freestanding bars or hotel and motel rooms. Daytona Beach, FL: All restaurants. including attached bars, must be 100% smokefree. Smoking is permitted in fl-eestanding bars that earn less than 101/0 of their income from food. No restrictions on hotel and motel rooms. Denver, CO: Restaurants with 25 or more seats must have nonsmoking area sufficient to meet customer demand. No restrictions on attached bars, freestanding bars, or hotel and motel rooms. Detroit, MI: Restaurants with 50 or more seats must be at least 50% nonsmoking and smaller restaurants must be at least 25% nonsmoking. At least 70% of hotel and motel rooms must be nonsmoking. Ft Lauderdale, FL: All restaurants and attached bars must be 100% smokefree. Smoking is permitted in freestanding bars that earn less than 10% of their income from food. No restrictions on hotel and motel rooms. The Hamptons, NY: All restaurants and bars must be 100°r� smokefree. No restrictions on hotel and motel rooms. Hartford, CT: All restaurants and bars must be 100% smokefree. At least 759,o of hotel and motel rooms must be nonsmoking. Hawaii: Hawaii County: All restaurants must be smokefree except that smoking is permitted in separately ventilated rooms in attached bars. No restrictions on freestanding bars or hotel and motel rooms. Honolulu County: All restaurants and attached bars must be 100% smokefree. No restrictions on fi-eestandinP bars or hotel and motel rooms. Kalawao County: All restaurants must be smokefree except that smoking is permitted in attached bars. No restrictions on freestanding bars or hotel and motel rooms. Kauai County: All restaurants must be 100% smokefree, except that any restaurant may change its use from restaurant to bar during specified posted hours, and be exempt during those hours. No restrictions on freestanding bars or hotel and motel rooms. Maui County: All restaurants and attached bars must be 100% smokefree. No restrictions on freestanding bars or hotel and motel rooms. Helena, MT: All restaurants and bars must be 100% smokefree. At least 65°,�0 of hotel and motel rooms must be nonsmoking. Page 2 of 5 Houston TX: All restaurants must be smokefree except that smoking s permitted in attached g P bars. No restrictions on freestanding bars or hotel and motel rooms. Las Vegas, NV: Restaurants with 50 or more seats must have nonsmoking section to meet customer demand. No restrictions on attached bars, freestanding bars, or hotel and motel rooms. Lexington, KY: All restaurants and bars must be 100% smokefree. No restrictions on hotel and motel rooms. Los Angeles, CA: All restaurants and bars must be 100% smoketree. At least 35%of hotel and motel rooms must be nonsmoking. Madison, W1: All restaurants and bars must be 100% smokefi-ee. At least 75°,o of hotel and motel rooms must be nonsmoking. Martha's Vineyard, MA: All restaurants and bars must be 100% smokefree. No restrictions on hotel and motel rooms. Memphis, TN: Restaurants with 50 or more seats must have nonsmoking section to meet customer demand. No restrictions on attached bars, freestanding bars, or hotel and motel rooms. Miami, FL: All restaurants, including attached bars, must be 100% smokefree. Smoking is permitted in freestanding bars that earn less than 10°/> of their income from food. No restrictions on hotel and motel rooms. Milwaukee, WI: No restrictions on restaurants, bars, or hotel and motel rooms. Minneapolis, MN: All restaurants and bars must be 100% smokefree. No restrictions on hotel and motel rooms. Monterey, CA: All restaurants and bars must be 100% smokefree. At least 35% of hotel and motel rooms must be nonsmoking?. Nantucket, MA: All restaurants and bars must be 100% smokefree. No restrictions on hotel and motel rooms. New Orleans, LA: Restaurants with more than 50 seats must be at least 40% nonsmoking. No restrictions on attached bars, freestanding bars, or hotel and motel rooms. New York, NY: All restaurants and bars must be 100% smokefree. No restrictions on hotel and motel rooms. Orlando, FL: All restaurants and attached bars must be 100% smokefree. Smoking is permitted in freestanding bars that earn less than 10% of their income from food. No restrictions on hotel and motel rooms. Page 3 of 5 Philadelphia, PA: Restaurants with 75 or more seats must have nonsmoking section to meet customer demand. No restrictions on attached bars, freestanding bars, or hotel and motel rooms. Phoenix, AZ: No restrictions on restaurants, bars, or hotel and motel rooms. Portland, OR: All restaurants and bars must be smokefree, unless they are posted as off-limits to minors. No restrictions on hotel and motel rooms. Rapid City, SD: Restaurants must be smokefree unless they have a liquor license. No restrictions on hotel and motel rooms. Rehoboth Beach, DE: All restaurants and bars must be 100% smokefree. At least 75% of hotel and motel rooms must be nonsmoking. Reno, NV: Restaurants with 50 or more seats must have nonsmoking section to meet customer demand. No restrictions on attached bars, freestanding bars, or hotel and motel rooms. Saint Louis, MO: No restrictions on restaurants,bars, or hotel and motel rooms. Salt Lake City, UT: All restaurants and attached bars must be 100% smokefree. No restrictions on fl•eestanding bars or hotel and motel rooms. San Diego, CA: All restaurants and bars must be 100% smokefree. At least 350/0 of hotel and motel rooms must be nonsmoking. San Francisco, CA: All restaurants and bars must be 100% smokefree. At least 35% of hotel and motel rooms must be nonsmokina. Santa Barbara, CA: All restaurants and bars must be I(K)°,/o smokefree. At least 35`%0 of hotel and motel rooms must be nonsmoking. Santa Fe, NM: All restaurants must be smokefree except that smoking is permitted in separately ventilated attached bars. No restrictions on freestanding bars or hotel and motel rooms. Savannah, GA: There are no restrictions on smoking in restaurants and bars that deny access to and do not employ minors. Smoking in other restaurants is restricted to private separately ventilated rooms. At least 80% of hotel and motel rooms must be nonsmoking. Seattle, WA: All restaurants and bars must be 100% smokefree. At least 751/0 of hotel and motel rooms must be nonsmoking. Snowntass, CO: All restaurants and bars must be 100% smokefree. No restrictions on hotel and motel roorns. Page 4 of 5 u Sun Valley, 1D: All restaurants, including attached bars. must be 100/o smokefrce. No restrictions ou freestanding bars or hotel and motel rooms. Telluride, CO: Smoking in restaurants and attached bars is restricted to separately ventilated rooms. No restrictions on freestanding bars or hotel and motel rooms. Washington, D.C.: Restaurants with 50 or more seats must be at least 25%nonsmoking. No restrictions on attached bars, freestanding bars, or hotel and motel rooms. Several state laws are of particular significance. California, Connecticut, Delaware, A/laine, Massachusetts, New York, Rhode Island and Washington require all restaurants and bars to be 100% smokefree. Florida, Idaho, and Utah require all restaurants to be 100`% smokefree. The following states require that at least a specified percentage of hotel and motel rooms be smokefree: California (35%)), Connecticut (75`X)),Delaware (75%), Georgia (80%), Maryland (60%), Montana (65%,), Oklahoma (75'Y,), Rhode Island (50`Y,), and Washington (75%). Although many travel destinations still have weak smoking control laws, there is a growing national trend toward 100% smokefree laws for both restaurants and bars. May be reprinted with appropriate credit to the American Nonsmokers'Rights Foundation. ©Copyright 1998—2006 American Nonsmokers'Rights Foundation. All rights reserved. [LS-09] Page 5 of 5 AMERICAN NONSMOKERS' RIGHTS FOUNDATION Defending your right to breathe smokefree air since 1976 Municipalities with Local 100% Smokefree Laws c-urre.w1v in e flecf as of Jrunuery 3, 2000 Only municipalities with ordinances or regulations that do not allow smoking in attached bars or separately ventilated rooms and do not have size exemptions are listed here. 100%Smokefree 100%Smokefree 100%Smokefree Municipality State Workplaces* Restaurants** Freestanding Bars 1. Barrow AK Yes 2. Bethel AK Yes 3. Dillingham AK Yes 4. Fairbanks AK Yes 5. Juneau AK Yes 6. Sitka AK Yes Yes 7. Birmingham AL Yes 8. Cottonwood AL Yes Yes Yes 9. Headland AL Yes Yes 10. Luverne AL Yes Yes 11. Fayetteville AR Yes 12. Highfill AR Yes Yes 13. Pine Bluff AR Yes 14. Chandler AZ Yes 0 15. Coconino County AZ Yes Yes 16. Cottonwood AZ Yes 17. Flagstaff AZ Yes Yes Yes 18. Gilbert AZ Yes 19. Goodyear AZ Yes 20. Guadalupe AZ Yes Yes Yes 21. Nogales AZ Yes 22. Prescott AZ Yes Yes Yes 23. Santa Cruz County AZ Yes 24. Surprise AZ Yes 25. Tempe AZ Yes Yes Yes 26. Alameda County CA Yes Yes Yes 27. Auburn CA Yes 28. Belmont CA Yes 29. Belvedere CA Yes 30. Berkeley CA Yes Yes Yes 31. Burlingame CA Yes 32. Butte County CA Yes 33. Calexico CA Yes Yes 34. Calistoga CA Yes 35. Camarillo CA Yes 36. Capitola CA Yes 37. Ceres CA Yes 2530 San Pablo Avenue, Suite J • Berkeley, California 94702 • (510)841-3032!FAX (510)841-3071 www.no-smoke.org • am @no-smoke.org Page 1 of I I 100%Smokefree 100%Smokefree 100% Smokefree Municipality State Workplaces` Restaurants" Freestanding Bars 38. Chico CA Yes Yes Yes 39. Chino Hills CA Yes 40. Clayton CA Yes 41. Colfax CA Yes 42. Cotati CA Yes 43. Cupertino CA Yes 44. Danville CA Yes 45. Davis CA Yes Yes Yes 46. Dublin CA Yes Yes 47. El Cerrito CA Yes Yes 48. Fairfax CA Yes 49. Fort Bragg CA Yes 50. Fremont CA Yes Yes 51. Gilroy CA Yes Yes 52. Goleta CA Yes 53. Hayward CA Yes 54. Hughson CA Yes 55. Laguna Hills CA Yes Yes Yes 56. Laguna Woods CA Yes Yes Yes 57. Larkspur CA Yes 58. Lathrop CA Yes 59. Livermore CA Yes 60. Marin County CA Yes 61. Mendocino County CA Yes 62. Merced CA Yes 63. Mill Valley CA Yes 64. Millbrae CA Yes Yes Yes 65. Mission Viejo CA Yes Yes 66. Modesto CA Yes Yes 67. Monterey County CA Yes Yes 68. Moorpark CA Yes 69. Mountain View CA Yes Yes 70. Napa CA Yes Yes 71. Napa County CA Yes 72. Newark CA Yes Yes Yes 73. Ojai CA Yes 74. Orange County CA Yes 75. Paradise CA Yes 76. Pasadena CA Yes Yes 77. Patterson CA Yes 78. Petaluma CA Yes 79. Pittsburg CA Yes Yes Yes 80. Pleasanton CA Yes 81. Rancho Cucamonga CA Yes Yes 82. Richmond CA Yes 83. Roseville CA Yes 84. Sacramento CA Yes 85. Sacramento County' CA Yes Page 2 of I I 100%Smokefree 100%Smokefree 100% Smokefree Municipality State Workplaces* Restaurants" Freestanding Bars 86. Salinas CA Yes Yes 87. San Anselmo CA Yes 88. San Bernardino County CA Yes 89. San Carlos CA Yes Yes Yes 90. San Diego County CA Yes Yes 91. San Francisco CA Yes 92. San Jose CA Yes Yes Yes 93. San Juan Bautista CA Yes Yes 94. San Luis Obispo CA Yes Yes 95. San Mateo CA Yes Yes Yes 96. San Mateo County CA Yes 97. San Rafael CA Yes 98. San Ramon CA Yes 99. Santa Barbara CA Yes Yes Yes 100. Santa Barbara County CA Yes 101. Santa Clara CA Yes Yes 102. Santa Clara County CA Yes Yes Yes 103. Santa Clarita CA Yes 104. Santa Cruz CA Yes 105. Santa Cruz County CA Yes 106. Santa Rosa CA Yes 107. Saratoga CA Yes 108. Sausalito CA Yes 109. Scotts Valley CA Yes 110. Sebastopol CA Yes 111. Shafter CA Yes Yes 112. Shasta County CA Yes Yes 113. Solano County CA Yes 114. Sonoma County CA Yes 115. Stanislaus County CA Yes 116. Tiburon CA Yes Yes 117. Tracy CA Yes 118. Tuolumne County CA Yes 119. Ukiah CA Yes 120. Union City CA Yes Yes 121. Vallejo CA Yes 122. Ventura CA Yes 123. Ventura County CA Yes 124. Visalia CA Yes Yes 125. Watsonville CA Yes 126. Yountville CA Yes 127. Alamosa CO Yes 128. Arvada CO Yes 129, Boulder CO Yes 130. Boulder County CO Yes Yes Yes 131. Breckenridge 1CO I Yes Yes Page 3 of I I 100%Smokefree 100%Smokefree 100%Smokefree Municipality State Workplaces* Restaurants" Freestanding Bars 132. Dillon CO Yes Yes 133. Firestone CO Yes 134. Fort Collins CO Yes Yes Yes 135. Frisco CO Yes Yes 136. Greeley CO Yes Yes 137. Longmont CO Yes Yes 138. Louisville CO Yes Yes 139. Pueblo CO Yes Yes Yes 140. Silverthorne CO Yes Yes 141. Snowmass Village CO Yes Yes Yes 142. Steamboat Springs CO Yes Yes 143. Summit County CO Yes Yes 144. Superior CO Yes 145. Timnath CO Yes Yes Yes 146. Athens/Clarke County' GA Yes Yes 147. Berkeley Lake GA Yes Yes 148. Buena Vista GA Yes Yes Yes 149. Columbia County GA Yes Yes 150. Cordele GA Yes 151. Decatur GA Yes Yes 152. DeKalb County GA Yes 153. Douglas GA Yes Yes 154. Douglas County GA Yes 155. Douglasville GA Yes 156. Effingham County GA Yes Yes 157. Gainesville GA Yes Yes 158. Loganville GA Yes Yes 159, Peachtree City GA Yes 160. Tift County GA Yes Yes 161, Tifton GA Yes 162. Valdosta GA Yes Yes 163. Honolulu HI Yes Yes 164. Maui County' HI Yes 165. Evanston IL Yes 166. Highland Park IL Yes Yes Yes 167. Skokie IL Yes 168. Wilmette IL Yes Yes Yes 169. Bloomington IN Yes Yes Yes 170. Columbus IN Yes 171. Monroe County' IN Yes Yes 172. Abilene KS Yes 173. Bel Aire KS Yes Yes 174. Fairway KS Yes Yes Yes 175. Lawrence KS Yes Yes 176. Walton KS Yes Yes 177. Georgetown KY Yes Yes 178. Lexington/Fayette County' KY Yes Yes 179. Grambling LA Yes Page 4 of I I Municipality State 100%Smokefree 100%Smokefree 100%Smokefree Workplaces Restaurants Freestanding Bars 180. Lafayette LA Yes 181. Lafayette Parish* LA Yes 182. Mandeville LA Yes 183. Sulphur LA Yes 184. Abington MA Yes Yes Yes 185, Acushnet MA Yes 186. Adams MA Yes 187. Amherst MA Yes Yes Yes 188. Andover MA Yes 189. Aquinnah MA Yes 190. Arlington MA Yes Yes Yes 191. Ashland MA Yes 192. Barnstable MA Yes Yes 193. Barre MA Yes Yes 194. Belchertown MA Yes Yes 195. Bellingham MA Yes 196. Belmont MA Yes Yes 197. Beverly MA Yes Yes Yes 198. Boston MA Yes Yes 199. Bourne MA Yes Yes Yes 200. Braintree MA Yes Yes Yes 201. Brewster MA Yes Yes Yes 202. Bridgewater MA Yes Yes Yes 203. Brimfield MA Yes Yes Yes 204. Brookline MA Yes 205. Cambridge MA Yes Yes 206. Canton MA Yes Yes Yes 207. Carver MA Yes Yes Yes 208. Chatham MA Yes Yes 209. Chelsea MA Yes Yes Yes 210. Chilmark MA Yes Yes Yes 211. Cohasset MA Yes Yes 212. Concord MA Yes Yes 213. Dedham MA Yes Yes Yes 214. Dover MA Yes Yes 215. Dracut MA Yes 216. Duxbury MA Yes Yes Yes 217. Easthampton MA Yes Yes 218. Easton MA Yes Yes 219. Edgartown MA Yes Yes Yes 220. Egremont MA Yes Yes Yes 221. Essex MA Yes Yes Yes 222. Fitchburg MA Yes 223. Framingham MA Yes Yes Yes 224. Freetown MA Yes Yes Yes 225. Great Barrington MA Yes Yes Yes 226. Hancock MA Yes Yes Yes 227. Hatfield MA Yes Page 5 of 11 100%Smokefree 100%Smokefree 100%Smokefree Municipality State Workplaces* Restaurants** Freestanding Bars 228. Haverhill MA Yes Yes 229. Hingham MA Yes Yes 230. Holbrook MA Yes 231. Holliston MA Yes Yes Yes 232. Holyoke MA Yes 233. Hopkinton MA Yes Yes 234. Hubbardston MA Yes Yes 235. Lee MA Yes Yes Yes 236. Leicester MA Yes Yes 237. Lenox MA Yes Yes Yes 238. Lexington MA Yes Yes Yes 239. Lincoln MA Yes Yes Yes 240. Littleton MA Yes Yes 241. Lynn MA Yes Yes Yes 242. Marblehead MA Yes 243. Marion MA Yes Yes Yes 244. Marshfield MA Yes 245. Mashpee MA Yes Yes Yes 246. Maynard MA Yes Yes 247. Medfield MA Yes Yes Yes 248. Melrose MA Yes Yes 249. Middleton MA Yes Yes Yes 250. Monterey MA Yes Yes Yes 251. Nantucket MA Yes Yes Yes 252. Needham MA Yes Yes Yes 253. New Braintree MA Yes Yes 254. Newburyport MA Yes 255. Newton MA Yes Yes 256. Norfolk MA Yes Yes 257. North Adams MA Yes 258. Northampton MA Yes 259. Norton MA Yes Yes 260. Oak Bluffs MA Yes Yes Yes 261. Orleans MA Yes Yes 262. Peabody MA Yes Yes Yes 263. Plymouth MA Yes Yes 264. Provincetown MA Yes Yes 265. Quincy MA Yes Yes Yes 266. Reading MA Yes Yes 267. Revere MA Yes Yes Yes 268. Richmond MA Yes Yes Yes 269. Salem MA Yes Yes 270. Sandwich MA Yes Yes Yes 271. Saugus MA Yes Yes Yes 272. Scituate MA Yes Yes 273. Sharon MA Yes Yes 274. Somerville MA Yes Yes Yes Page 6 of 1 I Municipality State 100%Smokefree 100%Smokefree 100%Smokefree Workplaces Restaurants Freestanding Bars 275. Southborough MA Yes Yes Yes 276. Sterling MA Yes Yes 277. Stockbridge MA Yes Yes Yes 278. Stoneham MA Yes Yes 279. Tisbury MA Yes Yes Yes 280. Truro MA Yes Yes 281. Tyringham MA Yes Yes Yes 282. Uxbridge MA Yes 283. Wakefield MA Yes Yes Yes 284. Walpole MA Yes Yes Yes 285. Wareham MA Yes Yes 286. Watertown MA Yes Yes Yes 287, Wayland MA Yes Yes 288. Wellesley MA Yes 289. Wellfleet MA Yes Yes 290. West Tisbury MA Yes 291. Westford MA Yes Yes Yes 292. Westport MA Yes Yes Yes 293. Westwood MA Yes Yes 294. Weymouth MA Yes Yes Yes 295. Whately MA Yes Yes 296. Williamstown MA Yes Yes 297. Woburn MA Yes 298. Wrentham MA Yes Yes Yes 299. Yarmouth MA Yes Yes 300. Gaithersburg MD Yes 301. Kensington MD Yes Yes 302. Montgomery County MD Yes Yes 303. Prince George's County' MD Yes Yes 304. Rockville MD Yes Yes 305. Takoma Park MD Yes Yes 306. Talbot County+ MD Yes 307. Antrim County' MI Yes 308. Charlevoix County MI Yes 309. Detroit MI Yes 310. Emmet County+ MI Yes 311. Marquette MI Yes 312. Otsego County* MI Yes 313. Washtenaw County+ MI Yes 314. Beltrami County' MN Yes 315, Bloomington MN Yes Yes 316. Duluth MN Yes 317. Golden Valley MN Yes Yes Yes 318. Meeker County* MN Yes 319. Minneapolis MN Yes Yes Page 7 of 11 Municipality State 100%Smokefree 100%Smokefree 100%Smokefree Workplaces* Restaurants** Freestanding Bars 320. Moorhead MN Yes 321. Ballwin MO Yes Yes Yes 322. Maryville MO Yes 323. Jackson MS Yes 324. Mayersville MS Yes Yes Yes 325. Metcalfe MS Yes Yes Yes 326. West MS Yes 327. Bozeman MT Yes Yes 328. Great Falls MT Yes 329. Helena MT Yes Yes Yes 330. Montreat NC Yes 331. Bismarck ND Yes 332. Fargo ND Yes 333. Grafton ND Yes 334. Grand Forks ND Yes 335. West Fargo ND Yes 336. Lincoln NE Yes Yes Yes 337. Highland Park Borough NJ Yes 338. Holmdel Township NJ Yes 339. Livingston Township NJ Yes 340. Manville Borough NJ Yes 341. Albuquerque NM Yes 342. Carlsbad NM Yes 343. Dona Ana County NM Yes Yes Yes 344. Edgewood NM Yes Yes Yes 345. Roswell NM Yes Yes 346. Dutchess County NY Yes Yes 347. Nassau County' NY Yes Yes Yes 348. New York City NY Yes Yes Yes 349. Onondaga County' NY Yes 350. Suffolk County' NY Yes Yes Yes 351. Tompkins County' NY Yes Yes Yes 352. Westchester County' NY Yes Yes Yes 353. Bexley OH Yes Yes Yes 354. Centerville OH Yes 355. Columbus OH Yes Yes Yes 356. Dublin OH Yes Yes Yes 357. Findlay OH Yes 358. Gahanna OH Yes Yes 359. Grandview Heights OH Yes Yes Yes 360. Granville OH Yes Yes Yes 361. Heath OH Yes Yes Yes 362. Marble Cliff OH Yes Yes Yes 363. New Albany OH Yes Yes Yes 364. Newark OH Yes Page 8 of 11 Municipality State 100%Smokefree 100%Smokefree 100%Smokefree Workplaces Restaurants Freestanding Bars 365. Powell OH Yes Yes Yes 366. Upper Arlington OH Yes Yes Yes 367. Westerville OH Yes Yes Yes 368. Worthington OH Yes Yes Yes 369. Baker City OR Yes 370. Benton County OR Yes 371. Central Point OR Yes 372. Corvallis OR Yes Yes Yes 373. Eugene OR Yes Yes Yes 374. Lake Oswego OR Yes 375. Manzanita OR Yes 376. Philomath OR Yes Yes Yes 377. Rockaway Beach OR Yes 378. Saint Helens OR Yes 379. Tillamook OR Yes 380. Tillamook County OR Yes 381. Tualatin OR Yes 382. Wheeler OR Yes 383. Alvin TX Yes 384. Austin TX Yes Yes Yes 385. Copperas Cove TX Yes Yes Yes 386. Corpus Christi TX Yes 387. Dallas TX Yes 388. El Paso TX Yes Yes Yes 389. Harlingen TX Yes Yes Yes 390. Leander TX Yes 391. New Braunfels TX Yes 392. Robinson TX Yes Yes 393. Rollingwood TX Yes Yes 394. Round Rock TX Yes Yes 395. San Antonio TX Yes 396. Victoria TX Yes 397. Woodway TX Yes Yes Yes 398. Burlington VT Yes Yes 399. South Burlington VT Yes Yes 400. Williston VT Yes Yes 401. Winooski VT Yes Yes 402. Appleton WI Yes Yes Yes 403. Madison WI Yes Yes 404. Shorewood Hills WI Yes Yes Yes 405. Barbour County+ WV Yes Yes 406. Berkeley County' WV Yes Yes 407. Braxton County+ WV Yes Yes Yes 408. Brooke County+ WV Yes 409. Cabell County' WV Yes Page 9 of 11 Municipality State 100%Smokefree 100%Smokefree 100% Smokefree Workplaces* Restaurants** Freestanding Bars 410. Calhoun County' WV Yes 411. Clay County' WV Yes Yes 412. Fayette County WV Yes Yes 413. Greenbrier County' WV Yes Yes 414. Hardy County' WV Yes 415. Harrison County' WV Yes 416. Jefferson County' WV Yes 417. Kanawha County' WV Yes 418. Lewis County WV Yes Yes 419. Lincoln County WV Yes Yes Yes 420. Marion County' WV Yes Yes 421. Marshall County' WV Yes 422. Mercer County' WV Yes Yes 423. Mineral County WV Yes 424. Monroe County WV Yes 425. Nicholas County' WV Yes 426. Ohio County' WV Yes Yes Yes 427. Pendleton County' WV Yes 428. Pleasants County' WV Yes 429. Preston County' WV Yes 430. Raleigh County' WV Yes 431. Ritchie County' WV Yes 432. Roane County' WV Yes 433. Summers County' WV Yes Yes 434. Tucker County' WV Yes Yes Yes 435. Wayne County` WV Yes 436. Webster County' WV Yes Yes Yes 437. Wirt County' WV Yes 438. Wood County' WV Yes 439. Wyoming County' WV Yes 440. Laramie WY Yes Yes Yes Total: 440, in 33 states provision: 327 278 T205 'Law pertains to both incorporated and unincorporated areas of county. Additional Summary Counts Total Number of Municipalities that are 100%Smokefree in Both Workplaces*and Restaurants** ................................................................................................................ 165 Total Number of Municipalities that are 100%Smokefree in Both Restaurants**and FreestandingBars ......................................................................................................... 203 Total Number of Municipalities that are 100%Smokefree Workplaces,* Restaurants,**and FreestandingBars ......................................................................................................... 1?4 Page 10 of I I State Laws • California State Law,which prohibits smoking in restaurants" and bars, can be found in CA Labor Code §6404.5 (1994), and covers all 536 municipalities in that state, including any listed here. • Connecticut State Law,which prohibits smoking in restaurants**and bars, can be found in CT Code §19a-342 (2003), and covers all 208 municipalities in that state, including any listed here. • Delaware State Law,which prohibits smoking in enclosed workplaces,* including restaurants"and bars, can be found in DE Statutes, Title 16, Ch. 29 §2901 et seq. (2002), and covers all 60 municipalities in that state, including any listed here. • Florida State Law, which prohibits smoking in enclosed workplaces,* including restaurants," can be found in the FL Constitution, Art. X, § 20 (2002) and FL Statutes §386.201 et seq. (1999, 2003), and covers all 468 municipalities in that state, including any listed here. • Idaho State Law, which prohibits smoking in restaurants," can be found in ID Statutes, §39-5501 et seq. (2004), and covers all 202 municipalities in that state, including any listed here. • Maine State Law,which prohibits smoking in restaurants"and bars, can be found in 22 ME Rev. Statutes §1541 et seq. (2003), and covers all 533 municipalities in that state, including any listed here. • Massachusetts State Law, which prohibits smoking in enclosed workplaces,* including restaurants" and bars, can be found in MA General Laws Chapter 270, §22. (2004), and covers all 351 municipalities in that state, including any listed here. • Montana: State law prohibits smoking in all workplaces*and restaurants.** See MT Code§50-40-101 et seq. (2005), and covers all 129 municipalities in that state, including any listed here. • New York State Law, which prohibits smoking in enclosed workplaces,* including restaurants"and bars, can be found in NY Public Health Code, Art. 13-E, §1399-N et seq. (2003), and covers all 1691 municipalities in that state, including any listed here. • North Dakota State law, which prohibits smoking in all workplaces,* can be found in ND Century Code§23- 12-09 et seq. (2005), and covers all 361 municipalities in that state, including any listed here. • Rhode Island State Law, which prohibits smoking in enclosed workplaces,* including restaurants"and bars, can be found in RI General Laws, Title 23, Chapter 20.10 (2004), and covers all 39 municipalities in that state, including any listed here. • South Dakota State Law,which prohibits smoking in enclosed workplaces,*can be found in SD Code§22-36- 2 et seq. (2002), and covers all 376 municipalities in that state, including any listed here. • Utah State Law, which prohibits smoking in restaurants,"can be found in UT Code Ann. §§26-38-2, 26-38-3 (1994), and covers all 265 municipalities in that state, including any listed here. • Vermont State Law,which prohibits smoking in restaurants"and bars, can be found in VT Statutes Title 18, Chapter 37 (1993, 2005), and covers all 294 municipalities in that state, including any listed here. • Washington State Law,which prohibits smoking in enclosed workplaces,* including restaurants"and bars, can be found in Revised Code of WA§70.160.020 et seq. (2005) ), and covers all 280 municipalities in that state, including any listed here. Note: The following state law has been enacted but is not yet in effect: • Montana enacted a 100% smokefree bar law,which is scheduled to go into effect October 1, 2009. *Includes both public and private non-hospitality workplaces, including, but not limited to, offices, factories, and warehouses. "Includes any attached bar in the restaurant. Only ordinances reviewed and analyzed by ANR Foundation staff using standardized criteria are included on these lists. Omission of a particular ordinance may be the result of differences of opinion in interpretation,or because staff have not yet analyzed the ordinance. May be reprinted with appropriate credit to American Nonsmokers' Rights Foundation. ©Copyright 1998—2006 American Nonsmokers'Rights Foundation. All rights reserved. [LS-03] Is Page I 1 of 1 I 2 March 21, 2006 Consider approving a contract through the Houston-Galveston Area Council (H-GAC)with R. W. Beck, Inc. for debris management and disaster recovery services claijCity of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: March 21, 2006 AGENDA MEMO DATE: March 16, 2006 REQUESTED ACTION: Council consider the approval of a contract through the Houston- Galveston Area Council (H-GAC)with R. W. Beck, Inc. RECOMMENDATION Administration recommends approval of a contract with R. W. Beck, Inc. through H-GAC, a cooperative purchasing association, for Environmental, Community Planning, Engineering, and Homeland Security consulting and related services. Beck Disaster Recovery, Inc. (BDR), a subsidiary of R. W. Beck, Inc., will provide debris management and disaster recovery services. BACKGROUND Jefferson County contracted with R. W. Beck, Inc. for debris management and disaster recovery services after Hurricane Rita. Although the contract provided for debris removal and roadway clearance, the City was limited in their authority to direct R. W. Beck and other contractors to clear specific areas. In addition, the contract did not provide for additional work such as debris removal in city parks. By directly securing this contract in advance of a disaster,the City maintains control of the work and is assured of 100% reimbursement from the Federal Emergency Management Agency(FEMA)for costs associated with debris management and disaster recovery services should the need arise in the event of a natural disaster, i.e., hurricane, windstorms, floods, etc. BDR's Scope of Work detailing their work plan for debris management and disaster recovery services is identified in Exhibit A of the attached agreement. The hourly rates, which will not be activated until the need arises for their services, are provided in Exhibit B. A secondary contract with BDR for pre-disaster services includes debris hauling procurement assistance. BDR will prepare bids, develop criteria for award, and distribute and evaluate bids. Upon their evaluation and recommendation, contracts for debris removal will be in place by June 1, the first official day of hurricane season. The contracts will include debris collection,processing and Disaster Recovery Services March 16, 2006 Page 2 disposal services and emergency roadway clearance within the first 70 hours immediately following an event. The costs for these services will not exceed $25,400. This cost may be less depending on the City's degree of involvement in the procurement process. H-GAC's contract with R. W. Beck, Inc. contains an option to renew on its expiration date of December 31,2006. The City plans to implement multi-year contracts with the hauling contractors. BUDGETARY IMPACT Costs associated with debris management and disaster recovery will not be imposed unless the City experiences a major disaster. Costs for the pre-disaster services will not exceed$25,400. Funds for these services are available in the General Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director. PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement is being facilitated through the Houston-Galveston Area Council's Cooperative Purchasing Program contract with R. W.Beck,Inc.for Environmental, Community Planning, Engineering, and Homeland Security Consulting and Related Services. This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is dated March 6, 2006,by and between Beck Disaster Recovery, Inc. ("Consultant"), with offices at 1000 Legion Place, Suite 1100 Orlando, FL 32801 and City of Beaumont, Texas ("Client"), with offices at 801 Main Street, Beaumont, Texas, 77701. NOW, THEREFORE in consideration of the promises herein and for other good and valuable consideration, the parties agree as follows: 1. Scope of Services: Consultant and Client agree Consultant will perform Services associated with debris management and disaster recovery as described in the Scope of Services attached as Exhibit A in accordance with the schedule set forth therein. 2. Independent Contractor: Consultant is an independent contractor and is not an employee of Client. Services performed by Consultant under this Agreement are solely for the benefit of Client. Nothing contained in this Agreement creates any duties on the part of Consultant toward any person not a party to this Agreement. 3. Standard of Care: Consultant will perform services under this Agreement with the degree of skill and diligence normally practiced by professional engineers or consultants performing the same or similar services. No other warranty or guarantee, expressed or implied, is made with respect to the services furnished under this Agreement and all implied warranties are disclaimed. 4. Changes/Amendments: This Agreement and its exhibits constitute the entire agreement between the Parties and together with its exhibits supersede any prior written or oral agreements. This Agreement may not be changed except by written amendment signed by both Parties. The estimate of the level of effort, schedule and payment required to complete the Scope of Services, as Consultant understands it, is reflected herein. Services not expressly set forth in this Agreement or its exhibits are excluded. Consultant shall promptly notify Client if changes to the Scope of Services affect the schedule, level of effort or payment to Consultant and the schedule and payment shall be equitably adjusted. If Consultant is delayed in performing its services due to an event beyond its control, including but not limited to fire, flood, earthquake, explosion, strike, transportation or equipment delays, act of war, or act of God, then the schedule or payment under the Agreement shall be equitably adjusted, if necessary, to compensate Consultant for any additional costs due to the delay. 5. Fee for Services: The fee for the services under this Agreement will be based on the actual hours of services furnished multiplied by Consultant's Billing Rates as set forth on Exhibit B, plus all reasonable expenses directly related to the services furnished under this Agreement. Client# /Agreement# R W.Beck PSA 1 of 9 PROFESSIONAL SERVICES AGREEMENT 6. Payment: Client shall pay Consultant for services furnished under this Agreement upon submission of monthly invoices in an amount equal to actual hours of services furnished multiplied by the Billing Rates attached as Exhibit B. Client shall pay Consultant within thirty (30) days of receipt of invoices less any disputed amounts. If Client disputes any portion of the invoice, the undisputed portion will be paid and Consultant will be notified in writing, within ten (10) days of receipt of the invoice of the exceptions taken. Consultant and Client will attempt to resolve the payment dispute within sixty (60) days or the matter may be submitted to arbitration as provided below. Additional charges for interest shall become due and payable at a rate of one and one-half percent (1-1/2%) per month (or the maximum percentage allowed by law, whichever is lower) on the unpaid, undisputed invoiced amounts. Any interest charges due from Client on past due invoices are outside any amounts otherwise due under this Agreement. If Client fails to pay undisputed invoiced amounts within sixty (60) days after delivery of invoice, Consultant, at its sole discretion, may suspend services hereunder or may initiate collections proceedings, including mandatory binding arbitration, without incurring any liability or waiving any right established hereunder or by law. 7. Indemnity: To the extent permitted by law, Client agrees to indemnify, defend and hold harmless Consultant and its directors, officers, shareholders, employees and subconsultants (each an 'Indemnified Party') from and against any and all loss, damage, claim or liability (including, without limitation reasonable attorney's fees) incurred by or imposed on the Indemnified Party by reason of or in connection with the appointment of Consultant to perform the Scope of Services under this Agreement; provided, however, that Client shall not, and shall not be obligated to, indemnify, defend or hold harmless any Indemnified Party from or against any loss to the extent the loss arises from the gross negligence or willful misconduct of the Indemnified Party . Upon notice from any Indemnified Party of any action or proceeding subject to the indemnification in this section, Client agrees to defend the Indemnified Party in the action or proceeding. 8. Insurance: Consultant shall maintain insurance with the following required coverages and minimum limits and upon request, will provide insurance certificates to Client: Worker's Compensation Statutory Employer's Liability U.S. $1,000,000 Commercial General Liability U.S. $1,000,000 per occurrence U.S. $1,000,000 aggregate Comprehensive General Automobile U.S. $1,000,000 combined single limit Professional Liability U.S. $1,000,000 per claim and in the aggregate 9. Work Product: Client shall have the unrestricted right to use the documents, analyses and other data prepared by Consultant under this Agreement ('Work Products'); provided, however Client shall not rely on or use the Work Products for any purpose other than the purposes under this Agreement and the Work Products shall not be changed without the prior written approval of Consultant. If Client releases the Work Products to a third party Client# /Agreement# R.W.Beck PSA 2 of 9 PROFESSIONAL SERVICES AGREEMENT without Consultant's prior written consent, or changes or uses the Work Products other than as intended hereunder, (a) Client does so at its sole risk and discretion, (b) Consultant shall not be liable for any claims or damages resulting from the change or use or connected with the release or any third party's use of the Work Products and (c) Client shall indemnify, defend and hold Consultant harmless from any and all claims or damages related to the release, change or reuse. 10. Limitation of Liability: No employee of Consultant shall have individual liability to Client. To the extent permitted by law, the total liability of Consultant, its officers, directors, shareholders, employees and subconsultants for any and all claims arising out of this Agreement, including attorneys' fees, and whether caused by negligence, errors, omissions, strict liability, breach of contract or contribution, or indemnity claims based on third party claims, shall not exceed the revenue received by Consultant under this Agreement or one hundred fifty thousand dollars (U.S. $150,000.00), whichever is greater. 11. No Consequential Damages: In no event and under no circumstances shall Consultant be liable to Client for any principal, interest, loss of anticipated revenues, earnings, profits, increased expense of operation or construction, loss by reason of shutdown or non-operation due to late completion or otherwise or for any other economic, consequential, indirect or special damages. 12. Information Provided by Others: Client shall provide to Consultant in a timely manner any information Consultant indicates is needed to perform the services hereunder. Consultant may rely on the accuracy of information provided by Client and its representatives. 13. Safety and Security: Consultant has established and maintains programs and procedures for the safety of its employees.Unless specifically included as a service to be provided under this Agreement, Consultant specifically disclaims any authority or responsibility for job site safety and safety of persons other than Consultant's employees. Consultant shall not provide any such services and disclaims any responsibility under this Agreement related to site security or the assessment, evaluation, review, testing, maintenance, operation or safety practices or procedures related to security. 18. Termination: Either party may terminate this Agreement upon thirty (30) days prior written notice to the other party. Client shall pay Consultant for all services rendered to the date of termination plus reasonable expenses for winding down the services. If either party defaults in its obligations hereunder, the non-defaulting party, after giving seven(7) days written notice of its intention to terminate or suspend performance under this Agreement, may, if cure of the default is not commenced and diligently continued, terminate this Agreement or suspend performance under this Agreement. 19. Dispute Resolution: Consultant and Client shall attempt to resolve conflicts or disputes under this Agreement in a fair and reasonable manner and agree that if resolution cannot be made to attempt to mediate the conflict by a professional mediator (except for Client# /Agreement# R W.Beck PSA 3 of 9 PROFESSIONAL SERVICES AGREEMENT payment disputes which may be submitted directly to arbitration). If mediation does not settle any dispute or action which arises under this Agreement or which relates in any way to this Agreement or the subject matter of this Agreement within ninety (90) days after either requests mediation, the dispute or conflict shall be subject to arbitration in English under the rules governing commercial arbitration as promulgated by the American Arbitration Association and arbitrability shall be subject to the Federal Arbitration Act. 20. Miscellaneous: a. This Agreement is binding upon and will inure to the benefit of Client and Consultant and their respective successors and assigns.Neither party may assign its rights or obligations hereunder without the prior written consent of the other party. b. Any notice required or permitted by this Agreement to be given shall be deemed to have been duly given if in writing and delivered personally or five (5) days after mailing by first-class, registered, or certified mail, return receipt requested, postage prepaid and addressed as follows: 0 Client: City of Beaumont, Texas Attention: Kyle Hayes City Manager Address: 801 Main Street Beaumont, Texas 77701 With a copy to: Attention: Tom Warner Public Works Director Address: 801 Main Street Beaumont, Texas 77701 Consultant: Beck Disaster Recovery, Inc. Attention: Jonathan Burgiel, Chief Executive Officer Address: 1000 Legion Place, Suite 1100 Orlando,FL 32801 With a copy to: Ron Leaders (which will not be considered notice) Buckley&Leaders P.O. Box 775 9330 SW 216th St. Vashon, WA 98070 Client# /Agreement# R.W.Beck PSA 4 of 9 PROFESSIONAL SERVICES AGREEMENT c. Client expressly agrees that all provisions of the Agreement, including the clause limiting the liability of Consultant, were mutually negotiated and that but for the inclusion of the limitation of liability clause in the Agreement, Consultant's compensation for services would otherwise be greater and/or Consultant would not have entered into the Agreement. d. If any provision of this Agreement is invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect and the provision declared invalid or unenforceable shall continue as to other circumstances. e. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Texas. f. In any action to enforce or interpret this Agreement, the prevailing party shall be entitled to recover, as part of its judgment, reasonable attorneys' fees and costs from the other party. g. This Agreement shall not be construed against Consultant only on the basis that Consultant drafted the Agreement. h. Notwithstanding any statute to the contrary, the Parties agree that any action to enforce or interpret this Agreement shall be initiated within two (2) years from the time the party knew or should have known of the fact giving rise to its action, and shall not in any case be initiated later than six (6)years after Consultant completes its Scope of Services under this Agreement. i. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original instrument, but all of which taken together shall constitute one instrument. IN WITNESS WHEREOF,the Parties have signed this Agreement the date first written above. City of Beaumont,Texas Signature Signature Name Name Title Title Date Date Beck Disaster Recovery, Inc. Signature Signature Client# /Agreement# R W.Beck PSA 5 of 9 PROFESSIONAL SERVICES AGREEMENT Name Name Title Title Date Date Client# /Agreement# R W.Beck PSA 6 of 9 EXHIBIT SCOPE OF SERVICES The Consultant shall assist the City specifically with debris management services to include, but not limited to,the following items. • Assist in the review of a citywide debris management plan. • Provide training of select City staff in essential debris management and collection functions to insure appropriate and responsive interface with field debris collection contractors and City, state, and federal agencies. • Provide field inspectors at designated check points to check and verify information on debris removal and at Temporary Debris Storage Reduction Site(TDSRS)located throughout the City. The Consultant will provide assistance with the scheduling, dispatching and logistical operations of the field inspectors assigned to work areas for storm debris cleanup.This will include: • Setting up the schedule for inspectors each day. • Monitoring and recording the volumetric measurement (cy) of each truck that is added into service; this shall be the physical measurement of the truck bed-verified by a City employee. • Keeping a record of contract haulers' trucks: cubic yardage,time in and out,number of loads/day, and other data as requested by designated City personnel. • Determining truck assignments. O Coordinating with City personnel to respond to problems in the field. 0 • Conducting "end-of day" duties, such as verifying all trucks have left the disposal site, locking down of the facility. • Surveying the area for special needs: identifying tree stumps, hazard trees, C&D debris,potential problems-a location list should be kept of these areas. O Recording on a provided map the streets where debris was collected. • Performing other duties as directed by dispatch/staging operation or designated City personnel. • Data entry of load tickets • Review and approve hauler invoices on behalf of the City • Assistance in waterway clean-up, right-of-entry (ROE) approvals and debris removal, beach screening and remediation(as needed) O Assist in the development and submission of all project worksheet for FEMA reimbursement O Assistance in obtaining FEMA reimbursement on Categories A through G The Consultant will collect baseline data per local, state and federal requirements from the designated emergency debris management sites prior to opening of the sites. The Consultant will also assist the City in obtaining necessary local, state and federal permits for the designated emergency debris management Sites. Client# /Agreement# R.W.Beck PSA 7 of 9 EXHIBIT B HOURLY LABOR RATES Consultant's labor rates for disaster monitoring services requested by the Client are provided below. Expenses associated with travel, per diem, lodging, and mileage will be invoiced at the federal published reimbursement rate at the time the expenses are incurred and will be billed to the Client, at cost, without mark-up. All other project related costs (e.g., cell phone usage, office supplies, copying, etc.) are included in the labor rates below. Schedule of Hourly Labor Rates* Title/Role Hourly rate Project Manager/Principal-in-Charge $125.00 Deputy Project Manager $120.00 FEMA Coordinator 110.00 Field Supervisor/Operations Manager $80.00 Scheduling/Routing Scheduling/Routing Managers $75.00 GIS Operator $75.00 Disposal Site Monitor $55.00 Collection Monitor $45.00 Citizen Drop-off Site Monitor $45.00 Billing/Invoicing/Data Manager $75.00 Load Ticket Data Entry Clerk $40.00 Administrative/Clerical $35.00 * Rates are subject to annual adjustments on the anniversary date of the contract in accordance with the U.S.Consumer Price Index. To the extent that City requests Beck Disaster Recovery's assistance for services other than debris management services such as pre-event disaster/emergency management planning (including, but not limited to development of a disaster debris response plans, debris contractor procurements, emergency operating and preparedness planning, hazard mitigation planning, Emergency Management Accreditation Program (EMAP), Continuity of Operations Planning (COOP), mitigation grant writing and project management) or other post-event recovery services not listed above including, but not limited to, infrastructure damage assessment and restoration, housing/building/utility/transportation system inspections, engineering, contract procurements and construction management, hazard mitigation grant writing, etc., the following hourly billing rates would apply. Schedule of Hourly Labor Rates for Consulting Services* Personnel Classification Hourly Billing Rate Principal-in-Charge $180 Project Manager $160 Principal Engineer/Scientist $175 Procurement Specialist $150 Principal Analyst $145 Senior Planner $135 Construction Manager $140 Senior Analyst $125 Client# /Agreement# R W.Beck PSA 8 of 9 PROFESSIONAL SERVICES AGREEMENT Senior Engineer/Scientist $130 Resident Engineer $125 Engineer/Scientist $110 Analyst $100 Assistant Engineer $90 Construction Administrator $95 Assistant Analyst $85 Specialty Inspector $85 Analytical Aide $70 Inspector $75 Surveyor $65 Securi ty $65 Administrative $55 Fla er $48 * Rates are subject to annual adjustments on the anniversary date of the contract in accordance with the U.S. Consumer Price Index.Project-related expenses will be invoiced art cost. Client# /Agreement# R W.Beck PSA 9 of 9 I March 10, 2006 � B ECK DISASTER RECOVERY,INC. Mr. Tom Warner Public Works Director City of Beaumont, Texas 801 Main Street Beaumont, TX 77701 Subject: Beck Disaster Recovery Pre-Disaster Services Dear Mr. Warner: It was a pleasure to have had the opportunity to meet with you in the past weeks to discuss the very pressing issue of disaster debris management. Beck Disaster Recovery, Inc. (BDR) looks forward to assisting the City of Beaumont (City) in conducting various pre-disaster planning functions. Pursuant to our meetings on February 13a' and 24a', this letter contains a preliminary data request that will assist both BDR and the City in assembling critical data necessary to respond to an emergency situation as well as a scope of services (and associated cost estimates) for pre-event planning services requested by the City. Data Request for Post-Event Monitoring Services a. Copies of any the City's contracts for debris removal. If applicable, please also provide any executed contracts for tree pruning, emergency road clearance, and construction that the City may utilize in the event of a hurricane or natural disaster. b. An electronic road list that is as comprehensive as possible. Please identify FHWA On- System, FHWA Off-System, Unincorporated City Maintained, Incorporated, Road Spurs, Farm to Market Roads and Orphan Road segments. c. A complete set of zone maps utilized in the 2005 disaster debris management effort. d. The name, physical address, and GPS coordinates for all Temporary Debris Storage and Reduction Sites(TDSRS)utilized in the 2005 disaster debris management effort that are suitable for use in future disaster debris management efforts. Scope of Services—Debris Hauling Procurement Assistance The purpose of the Debris Hauling Procurement and Analysis is to assist the City with the procurement of disaster debris hauling services in the event of a hurricane or other major debris generating event affecting the area. During this process, BDR will work with the City to assist in the development of specifications, bid preparations and review of bids. Based on the specific services discussed during our February 24a' meeting, BDR has prepared the following scope of services (and associated cost estimates) for consideration by the City. Based on a start date of no later than April 1't, BDR is committed to completing all tasks authorized by the City prior to June 1,2006, the first official day of this year's hurricane season. II P.O.Box 55404,Houston,Texas 77255,Phone(713)737-5763,Mobile(512)695-1026 Mr. Tom Warner Mr. Tom Warner March 10, 2006 Page 2 Task 1: Develop Request for Bids (RFB) BDR will prepare a RFB, which will include: a description of the service(s); key payment provisions; technical and business submittal requirements; proposal forms; and pricing schedule. The RFB will be developed to request both debris collection, processing and disposal services as well as emergency roadway clearing activities during the first 70 hours immediately following the event. Task 2: Develop Criteria for Evaluation of RFB Responses BDR will work with the City to develop the evaluation criteria for the RFB. Having participated in a number of similar projects, we will identify those factors that are critical for success and ensure that the evaluation criteria address those issues. BDR recommends that proposals be evaluated based on a"best value" basis and not necessarily based on the lowest bid. Task 3: Distribute RFB BDR will coordinate the distribution of the RFB to all relevant City personnel and other stakeholders (such as interested bidders). BDR has a number of high-level contacts within the disaster debris hauling community that may have an interest in bidding on these services. We will assist the City in conducting one (1) pre-proposal meeting with the interested firms. BDR will develop a presentation to communicate information to the proposers regarding what is requested in the RFB and the approach that we will use to evaluate proposals relative to the identified evaluation criteria. While BDR will strive to develop an RFB that includes all of the relevant information in a clear and concise manner, it is likely that interested firms will have additional questions and will request clarifications. It is recommended that additional information be communicated in the form of written addenda. BDR will assist the City in responding to questions and the issuance of up to two addenda.' Task 4: Evaluate Proposals BDR will evaluate the proposals to develop recommendations to present to the City. This task will include technical advice and support, financial advice, and support and "due diligence" review of proposer's experience and qualifications. Our cost proposal is based on receiving up to six bids. 1 Additional addenda can be issued with BDR's assistance on a time and expense basis as needed. II Mr. Tom Warner Mr. Tom Warner Ads Te..., Wa er- March 10, 2006 Page 3 Task 5: Develop Recommendations Based on the evaluations and review conducted, and input from the City, we will develop recommendations relative to the firm(s) with which the City should negotiate. Such recommendations may include either simultaneous negotiations with two or more prospective bidders or sole source negotiations with one preferred bidder. Procurement Task 1.6: Present Evaluations and Recommendations BDR will develop its recommendations based on the evaluation of the proposals, and conduct a meeting with the City that communicates our recommendations and the rationale for those recommendations. Cost Proposal BDR proposes to provide the pre-disaster planning services to the City of Beaumont for a not-to- exceed cost of $25,400 based on the level of involvement required by BDR Please see the attached detail cost break down by activity, and keep in mind that the level of involvement can be adjusted and that the additional services offered for your consideration are available a la carte. II Mr. Tom Warner Mr. Tom Warner Ad« Te W.,..fw March 10, 2006 Page 4 Tasks Labor Expenses Total Task 1.1 -Develop Request for Bids(RFB) $ 10,150 $ 150 $ 10,300 Task 1.2-Develop Criteria for Evaluation of RFB Responses $ 1,000 $ - $ 1,000 Task 1.3-Distribute RFB $ 2,200 $ 400 $ 2,600 Task 1.4-Evaluate Proposals $ 5,5002 $ 250 $ 5,750 Task 1.5-Develop Recommendations $ 3,500 $ - $ 3,500 Task 1.6-Present Evaluations and Recommendations $ 2,000 $ 250 $ 2,250 Total $ 24,350 $ 1,050 $ 25,400 Beck Disaster Recovery is pleased to have the opportunity to work with the City of Beaumont. We look forward to assisting the City with its disaster preparedness activities and promise to be well prepared in the event we are called upon to assist the City with post-event activities. If you have any questions concerning this letter proposal, please contact me at(713) 737-5763 or via e- mail at jburi@beckdr.com. Sincerely, BECK DISASTER RECOVERY, INC. John Buri Regional Manager 2 This fee is based on evaluating up to six proposals. Additional proposals could be evaluated for a fee of$1,500 per proposal. II • 3 March 21, 2006 Consider approving the purchase of fleet vehicles through the State of Texas Cooperative Purchasing Program City of Beaumont •�• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: March 21, 2006 AGENDA MEMO DATE: March 14, 2006 REQUESTED ACTION: Council approval for the purchase of fleet vehicles through the State of Texas Cooperative Purchasing Program. RECOMMENDATION Administration recommends authorization for the purchase of four(4)vehicles through the State of Texas Cooperative Purchasing Program in the amount of$190,178. BACKGROUND The State of Texas Cooperative Purchasing Program provides contracted prices on various types of vehicles to all state, counties, school districts and municipal agencies within Texas. The Cooperative Purchasing Program is coordinated by the Texas Building and Procurement Commission(TBPC) in accordance with state bidding statutes. Representatives from TBPC meet with major vehicle manufacturers each year to discuss the model changes and features offered to major fleet consumers for the upcoming year vehicle models. Specifications are developed and published for distribution to governmental consumers and statewide vendors. TBPC solicits bids from vendors throughout the state to furnish pricing on various types of vehicles. Bids are open to any vehicle dealer on the State of Texas Bid List. Due to the volume of vehicles requested by the State,generous concessions are offered to the dealer from the manufacturers. Bids are received and evaluated by the TBPC. After bids are evaluated,a contracted price list is published indicating the successful vendor for each type of vehicle and the prices of specific optional features. Vehicles are selected from the published list and orders are submitted to TBPC. Vendors generally deliver the vehicles within 90 to 120 days. Four(4) vehicles budgeted in this fiscal year are available through the State of Texas Cooperative Purchasing contract. The four (4) vehicles are 2007 Ford F-750 crew cab models, two (2) to be Purchase of Fleet Vehicles March 14, 2006 Page 2 equipped with dump bodies for use in the Public Works Department; and two (2) are for use in the Water Utilities Department. Each of the vehicles purchased are replacement vehicles. The units will replace year models ranging from 1990 to 1997, with mileage ranging from 61,000 to 144,604. The replaced vehicles will be disposed of according to the City's surplus property disposal policies. Warranties of 36,000 miles or three (3) years are provided for each new vehicle. The warranty service is provided by local authorized dealerships. BUDGETARY IMPACT Funds in the amount of$103,224 and $86,954 will be expended from the Capital Reserve Fund and Water Utilities Fund, respectively. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and Water Utilities Director. • 4 March 21, 2006 Consider authorizing the City Manager to increase the Water Treatment Plant 14 Million Gallons Per Day(MGD)Expansion and Miscellaneous Improvements Project amount for extra work CIQjj City of Beaumont vw_ Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Hani J. Tohme, Water Utilities Director MEETING DATE: March 21, 2006 AGENDA MEMO DATE: March 9, 2006 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to increase the Water Treatment Plant 14 Million Gallons Per Day (MGD)Expansion and Miscellaneous Improvements Project amount for "extra work." RECOMMENDATION Administration recommends approval of increasing the Water Treatment Plant 14 MGD Expansion and Miscellaneous Improvements Project amount by $178,962.74 to modify the medium voltage switch, relocate chemical taps on the 60-inch filter effluent pipe, install 1-inch sample line from chemical feed vault to the laboratory,fill storm sewer lines under building with flowable grout,install 12-inch ductile iron blind flange, perform additional excavation due to paving elevation revisions, install additional level gauges at the chemical bulk storage tanks, furnish and install additional concrete paving adjacent to the lagoon, furnish and install 42-inch butterfly valve,furnish and install miscellaneous electrical additions, furnish and install spare conduits at the new rapid mix basin, furnish and install sun shields on the flow meters transmitters, furnish and install fiberglass gratings at pulsators 1,2&3,perform miscellaneous work to decommission the existing filter gallery,replace existing ductile iron piping in pulsators 1, 2 & 3, perform miscellaneous revisions to piping at chemical building,furnish and install additional pipe labels needed to meet TCEQ requirements. The proposed extra work represents 1.62 percent of the original contract amount. The total change orders represent 17.45 percent of the original contract amount. BACKGROUND The proposed additions and modifications to the original contract documents and design are due to unforseen conditions prior to commencing construction and a water leak on an existing 48-inch water transmission line. The changes will improve the future operation and increase the efficiency of the Water Treatment Plant, and will help the City meet required state and federal regulations. BUDGETARY IMPACT Funds for the project are available in the Capital Program. PREVIOUS ACTION Resolution 03-271 in the amount of$11,029,000 was passed by City Council on December 16,2003. Resolution 04-143 in the amount of$1,377,912.01 was passed by City Council on June 29, 2004. Resolution 05-003 in the amount of$28,475.60 was passed by City Council on January 4, 2005. Resolution 05-130 in the amount of$249,396.54 was passed by City Council on May 24, 2005. Resolution 05-189 in the amount of$90,450.34 was passed by City Council on August 30, 2005. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, and Water Utilities Director. APPROVAL OF CONTRACT CHANGE Change Order No. 5 and Final Date: March 21, 2006 Project: City of Beaumont Water Treatment Plant 14 MGD Expansion Owner: City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 Contractor: Craig, Sheffield and Austin, Inc. 2314 McAllister Rd Houston, TX 77092 To the Owner: Approval of the following contract change is requested. Reason for Change: To increase the Contract Amount for"extra work"performed by the Contractor as listed below. ORIGINAL CONTRACT AMOUNT $11,029,000.00 CHANGE ORDER NO. 1 $1,377,912.01 CHANGE ORDER NO.2 $28,475.60 CHANGE ORDER NO.3 $249,396.54 CHANGE ORDER NO.4 $90,450.34 THIS CHANGE ORDER: Description Net Chance Modify medium voltage switch + $14,989.70 Relocate chemical taps on 60-inch filter effluent pipe + 685.40 Install 1-inch sample line from chemical feed vault to the laboratory + 7,759.57 Fill storm sewer lines under building with flowable grout + 5,420.30 Install 12-inch ductile iron blind flange + 404.80 Perform additional excavation due to paving elevation revisions + 1,555.95 Install additional level gauges at the chemical bulk storage tanks + 2,254.00 Change Order No. 5 and Final Date: March 7, 2006 Continued Furnish and install additional concrete paving adjacent to the lagoon + 13,094.75 Furnish and install 42-inch butterfly valve + 22,822.00 Furnish and install miscellaneous electrical additions + 3,065.91 Furnish and install spare conduits at the new rapid mix basin + 10,793.45 Furnish and install sun shields on the flow meters transmitters + 5,865.00 Furnish and install fiberglass gratings at pulsators 1, 2& 3 + 51,471.47 Perform miscellaneous work to decommission the existing filter gallery + 20,291.60 Replace existing ductile iron piping in pulsators 1,2&3 + 9,971.65 Perform miscellaneous revisions to piping at chemical building + 2,830.15 Furnish and install additional pipe labels needed to meet TCEQ requirements + 5,687.04 TOTAL AMOUNT OF THIS CHANGE ORDER: $178,962.74 TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $12,954,197.23 CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost of,and the time required to perform the entire work under Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive, mutually agreed upon adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." Recommended By: Approved By: Accepted By: Hani Tohme, P.E. City of Beaumont Craig, Sheffield& Austin, Inc. Water Utilities Director Owner Contractor Date: Date: Date: 5 March 21, 2006 Consider a request from The Landmark Group, Inc. for a loan from the City of Beaumont for on- site development costs associated with an application for tax credits from the Texas Department of Housing and Community Affairs 1170711 City of Beaumont M Manlaffloli461LIMIZE-13 M Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: March 21, 2006 AGENDA MEMO DATE: March 16, 2006 REQUESTED ACTION: Council consider a request from The Landmark Group,Inc. for a loan from the City of Beaumont for on-site development costs associated with an application for tax credits from the Texas Department of Housing and Community Affairs. BACKGROUND The City Council approved a conditional commitment of$40,040 on February 14, 2006 for the Beaumont Downtown Lofts located at 527 Forsythe Street and 620 Pearl Street. The$40,040 was based on $1,001 per unit for 40 Low-income Units being proposed. The City Council also approved conditional funding(contingent on approval of the tax credits from the Texas Department of Housing and Community Affairs)for the following projects: Stone Hearts II 1650 E. Lucas Drive $97,097 approved by the City Council 97 Low-income Units x $1,001 per unit Gulf Street Terrace 2900 block of Gulf Street $120,120 approved by the City Council 120 Low-income Units x $1,001 per unit Sienna Trails Townhomes(36 units) Timber Creek at Sienna Trails (35 units) Briarbend at Sienna Trails (35 units) Concord Road behind Circuit City Consensus for a loan in the amount of$106,106 106 Low-income Units x $1,001 per unit The applications are scored on a point basis, and developments that receive an allocation of funds for on-site development costs from a Local Political Subdivision receive additional points as follows: 1) A contribution of$500 to $1,000 per Low-income Unit receives 6 points 2) A contribution of$1,001 to $3,500 per Low-income Unit receives 12 points 3) A contribution of$3,501 or more per Low-income Unit receives 18 points A letter from Paul Fitch is attached for your review. Mr. Fitch would now like for the City Council to nullify the $40,040 commitment made by the Council on February 14, 2006. The letter states "Beaumont Downtown Lofts, Ltd. would like to request a$126,500 Pre-development Loan." The requests does not specify the period of the loan other than "for a short term." The loan would provide for$3,513.88 per unit for 36 units. RECOMMENDATION The City Manager recommends denial of the request. The City Council voted and made a decision on February 14, 2006 to provide funding for four proposed projects including the Downtown Lofts Project. The funding amounts were all based on $1,001 per unit. This item was placed on the agenda at the request of Mayor Guy Goodson. Minutes from the February 14, 2006 are also attached for your review. The Landmark Group Fitch Development Group, Inc. March 9,2006 Kyle Hayes, City Manager City of Beaumont 801 Main Street Suite 300 Beaumont, TX 77701 RE: Beaumont Downtown Lofts, Ltd. Predevelopment Loan Request Dear Mr. Hayes: I have been working since August of 2005 to develop an affordable housing apartment development in Downtown Beaumont. The project has come down to two historic buildings that were available for sale. These are the Neches Electric Building at 620 Pearl Street that will have 28 units and the former Antioch Baptist Church building at 527 Forsythe Street that will have 8 apartment units for a total of 36 units of 1 and 2 bedroom apartments to be developed. 32 of the 36 units will be rented to families with incomes up to 60%of the median income and for a single person that limit is $20,520 and for a family of four the limit will be$29,340. The City Council had previously awarded this development$40,000 of public support that would come from the General Fund. We agree with Councilmember Ames that we should not be using funds from the general pool for this development and would like to make the following proposal that would nullify the$40,000 commitment. Beaumont Downtown Lofts, Ltd would like to request a$126,500 Predevelopment Loan. Our Syndicator would make a cash advance of$135,000 to a local bank that would provide cash collateral to allow the City to borrow the$126,500 from the bank at the City's normal borrowing rate. The City could then fund the Predevelopment loan and Beaumont Downtown Loft, Ltd would pay an interest rate that is 3% above the City's borrowing rate plus any cost of processing the loan. This approach would not cost the City any money and would provide the development the maximum financial support to give the application a chance to win the tax credit award. The council voted to support Beaumont Downtown Lofts, Ltd with a 5 to 1 vote with the only objection that General Fund proceeds should not be used. Since we are overcoming this one opposing vote objection and rescinding the$40,000 grant in exchange for a short term development loan, I would hope this item as a"Predevelopment Loan"could be placed on the consent agenda at the March 21, 2006 regular City Council Meeting. 406 East Fourth Street,Winston-Salem, NC 27101 Phone: 336.714.8915 Fax: 336.722.3603 fitch @landmarkdevelopment.biz The Landmark Group Fitch Development Group, Inc. If you have any questions please don't hesitate to give me a call. 7 Si , Paul V. Fitch CC: Mayor Guy Goodson City Council Mainstreet 406 East Fourth Street, Winston-Salem,NC 27101 Phone: 336.714.8915 Fax: 336.722.3603 fetch @landmarkdevelopment.biz Nancy Williams 7615 Greenfield Drive Beaumont TX Item#1:Concerned about the many crime related incidents which have created numerous problems in her community in relation to the low income housing residents and their guests CONSENT AGENDA Approval of minutes - February 7, 2006 Confirmation of committee appointments - Resolution 06-054 Arthu r Louis would be a ppo inted to the M artin Luther King, Jr. Parkway Commission. The term would commence February 14, 2006 and expire February 13, 2008. (Mayor Pro Tern Audwin Samuel) Tathia Landry would be appointed to the Martin Luther King Jr. Parkway Commission. The term would commence February 14, 2006 and expire February 13, 2008. (Mayor Pro Tern Audwin Samuel) Denise Spooner would be appointed to the Martin Luther King, Jr. Parkway Commission. The term would commence February 14,2006 and expire February 13,2008. (Councilmember Nancy Beaulieu) A) Approve the emergency rental of a bulldozer for the Landfill - Resolution 06-055 B) Approve the purchase of one (1) diesel powered cab and chassis equipped with a jet rodder body- Resolution 06-056 C) Approve a contract for temporary personnel services- Resolution 06-057 D) Authorize the City Manager to execute an agreement with Workforce Centers of Southeast Texas to provide the City of Beaumont with temporary workers for the purpose of clean up, restoration and humanitarian efforts that are necessary as a direct result of recovery efforts associated with the Hurricane Rita disaster- Resolution 06-058 Councilmember Beaulieu made a motion to approve the Consent Agenda. Councilmember Patterson seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU,AMES AND PATTERSON NAYS: NONE MOTION PASSED ENERAL BUSINESS 1. Consider approving the conditional commitment of HOME Funds and General Funds for on-site development costs associated with developers requesting tax credits from the Texas Department of Housing and Community Affairs - Resolution 06-059 i Page 2 of 9 Minutes-February 14,2006 l During a work session on February 7,2006,the Council received request from three developers for commitments of development funding relating to proposed multifamily tax credit projects. The developers are requesting tax credits from the Texas Department of Housing and Community Affairs for their proposed projects. The applications are scored on a point basis, and developments that receive an allocation of funds for on-site development costs from a Local Political Subdivision receive additional points. Although not present at the work session, there are two additional developers seeking tax credits from the State and commitments of funding from the City. All of the proposed developments are listed. Beaumont Downtown Lofts 527 Forsythe Street and 620 Pearl Street 40 Low-income Units Proposed $3,501 requested per unit from the City for a total of$140,040 Contact- Paul Fitch Stone Hearst II 1650 E. Lucas Drive 97 Low-income Units Proposed $1,001 requested per unit from the City for a total of$97,097 Contact - R. J. Collins Gulf Street Terrace 2900 block of Gulf Street 120 Low-income Units Proposed $3,501 requested per unit from the City for a total of$420,120 Contact- Robert Reyna Northwood Crossing N. Major Drive at Pindo Circle 124 Low-income Units Proposed $3,501 requested per unit from the City for a total of$434,124 Contact- Ike Akbari Sienna Trails Townhomes (36 units) Timber Creek at Sienna Trails (35 units) Briarbend at Sienna Trails (35 units) Concord Road behind Circuit City Amount requested unknown Contact- Mark Musemeche According to the Housing Manager, the City has $214,321 available in unencumbered HOME funds from prior program years. According to the City's representative from the Department of Housing and Urban Development(HUD),the City cannot commit future HOME Funds from the 2006 Program Year or subsequent years. Therefore, any funding committed beyond the $214,321 would have to be paid from the General Fund. Page 3 of 9 Minutes-February 14,2006 1 The City Manager will write letters on behalf of the City of Beaumont committing any allocations for on-site development costs approved by the City Council. The allocation of funds will be contingent upon favorable environmental reviews and other HOME Program requirements. Due to the limited funds available, the City Manager recommends funding for two of the tax credit projects. The City Manager recommends funding on-site development costs for the Stone Hearst II Development in the amount of $97,097 (97 units x $1,001) from unencumbered HOME Funds. The City Manager also recommends funding on-site development costs for the Gulf Street Terrace Development in the amount of $120,120 (120 units x $1,001). The $120,120 amount would utilize $117,224 from unencumbered HOME Funds and $2,896 from the General Fund. Following the recommendation from the City Manager, Mayor Goodson with the consent of Council opened the floor up to hear additional comments from the developers. R. J. Collins Stone Hurst 11 Thanked the City Manager and Council for their consideration of their request for funding Robert L. Reyna Gulf Street Terrace Beaumont Housing Authority:Appreciates any help and support the City can provide Ike Akbari Northwood Crossing Stated his concerns that these low income moderate housing units are for the hard working class families and not necessarily of no income families;crime can be in any community not only in income based communities Mark Musemeche Sienna Trails Explained how his proposal included three different complexes located in a 62 acre track of land that they have owned since 1998 and that 70 single family dwellings are also included in the future plans;explained that he is asking for a short term loan and is more interested in the tax credit which this will allow him to be eligible to apply Carolyn Howard Beaumont Downtown Lofts Representing Mr. Fitch as he was unable to be in attendance but wished to thank the City for their support Following much discussion among Council members and clarification from Janett Lewis, Housing Manager, Mayor Pro Tern Samuel made a motion to APPROVE RESOLUTION 06-059 THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONDITIONAL LETTER OF COMMITMENT COMMITTING FUNDS MADE AVAILABLE FOR ON-SITE DEVELOPMENT COST FOR THE FOLLOWING PROJECTS ATTHE FUNDING LEVEL Page 4 of 9 Minutes-February 14,2006 INDICATED:BEAUMONT DOWNTOWN LOFTS-$40,040,GULFSTREETTERRACE-5120,120, STONE HURST ll- $97,097, SIENNA TRAILS DEVELOPMENT- $106,106 (LOAN). THIS COMMITMENT IS ALSO CONTINGENT UPON FAVORABLE ENVIRONMENTAL REVIEWS AND SATISFACTION OF OTHER HOME PROGRAM REQUIREMENTS. Councilmember Patterson seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH,BEAULIEU AND PATTERSON NAYS: COUNCILMEMBER AMES MOTION PASSED 2. Consider approving the purchase of fleet vehicles through the State of Texas Cooperative Purchasing Program - Resolution 06-060 Administration recommended authorization for the purchase of vehicles through the State of Texas Cooperative Purchasing Program in the amount of$911,582. The State of Texas Cooperative Purchasing Program provides contracted prices on various types of vehicles to all state, counties, school districts and municipal agencies within Texas. Forty-eight (48) vehicles, budgeted in Fiscal Year 2006, are available through the State of Texas Cooperative Purchasing contract.Replacement vehicles and additions to the fleet are requested through the City's budget process. The Internal Services Department reviews the requests and evaluates the equipment to be replaced. Based on this evaluation, a recommendation is made to replace worn and obsolete vehicles that are no longer cost effective to operate. All of the vehicles purchased are replacement vehicles. The unit will replace year models ranging from 1994 to 2003. Some of the replaced vehicles will be relocated to other divisions. The remaining vehicles will be disposed of according to the City's surplus property disposal policies. Funds in the amount of$805,622, $62,939 and $43,021 will be expended from the Capital Reserve Fund,Water Fund,and Auto Theft Task Force Funds, respectively. Mayor Pro Tem Samuel made a motion to APPROVE RESOLUTION 06-060 THAT THE BID FOR THE PURCHASE OF FLEET VEHICLES THROUGH THE STATE OF TEXAS COOPERATIVE PURCHASING PROGRAM IN THE AMOUNT OF $911,582 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU,AMES AND PATTERSON NAYS: NONE MOTION PASSED Page 5 of 9 MimAes-February 14,2006 • 6 March 21, 2006 Public Hearing: Receive comments on an application to receive special earmarked grant money from the Federal Transit Administration(FTA) for the purchase of new communications equipment for Beaumont Municipal Transit vehicles Consider authorizing the City Manager to submit an application to receive special earmarked grant money from the Federal Transit Administration(FTA) for the purchase of new communications equipment for Beaumont Municipal Transit vehicles • I i +� IN~_ 1 cie-Ij City of Beaumont ow_ Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: March 21, 2006 AGENDA MEMO DATE: March 14, 2006 REQUESTED ACTION: Council conduct a public hearing and authorize the City Manager to submit an application to receive special earmarked grant money from the Federal Transit Administration(FTA) for the purchase of new communications equipment for Beaumont Municipal Transit vehicles. RECOMMENDATION Administration recommends that City Council conduct a public hearing and authorize the City Manager to submit an application to the Federal Transit Administration for the purchase communication equipment. BACKGROUND Beaumont Municipal Transit has prepared a grant application to the FTA to receive earmarked funds for the purchase of new communications equipment. This new equipment will allow Beaumont Municipal Transit(BMT)to share two-way radio communications with the Police Department and the Fire Department. The costs associated with the purchase of this equipment is as follows: Federal Assistance(80%) L_ ocal Match(20%) Total Cost (100%) $ 98,368 $ 24,592 $122,960 Sixteen CNG buses are presently on order and will arrive with the new radios installed. These funds will be used to purchase radio equipment for other Beaumont fleet including nine paratransit vans, two automobiles, two service trucks, and three additional transit coaches. Included in this purchase will be four desk monitoring stations, several hand-held portable radios and a channel module for increasing system capacity. This equipment will prove especially useful during emergencies, such as hurricanes or other critical events, in which direct communication with emergency operation personnel is required. BUDGETARY IMPACT The local match totalling $24,592 is available in the Municipal Transit Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION: None. RECOMMENDED BY: City Manager, Public Works Director, City Engineer and Transportation Manager. PUBLIC NOTICE The City of Beaumont/Beaumont Municipal Transit(BMT) is considering spending some special earmarked grant money from the Federal Transit Administration(FTA)to purchase new radio equipment. PROGRAM OF PROJECTS Project Description Local Federal Total Buy Radio Equipment $24,592 $98,368 $122,960 Purchase of Radio Equipment: BMT is converting the transit system's antiquated radio system to the City of Beaumont's 800 Megahertz system. This will allow the transit system to be on the same system as the City Fire and Police Departments,allowing shared communications. This is especially critical in emergency situations such as hurricane evacuations and will give BMT direct communications with EOC operations in emergencies, and for everday emergency needs, as well as increasing range. The new CNG buses on order will arrive with the new radio systems installed.This project is for funding the purchase of 16 vehicular radio systems for the other vehicles in the BMT fleet. This includes 9 paratransit vans,2 automobiles,2 service trucks, and 3 newer model transit coaches being kept.The purchase will also include 4 desk monitoring stations for the BMT offices, several hand-held portable radios, and a channel module which adds additional capacity to the City of Beaumont's central system. PUBLIC HEARING A public hearing will be held on the above listed project by the City of Beaumont on Tuesday,March 21,2006, at 1:30 pm in City Council Chambers,Beaumont City Hall, 801 Main Street,Beaumont,Texas, 77704. The public hearing will offer an opportunity for interested agencies, persons, or private sector transportation providers to comment on the proposal. It will also afford the opportunity for interested persons to be heard with respect to the social, economic,and environmental impacts of the proposal. Prior to the hearing,additional information my be requested and/or written comments submitted to William J. Munson,General Manager,BMT,550 Milam Street,Beau_mont, Texas, 77701. This proposal will become the final unless amended by the City Council. • 7 March 21, 2006 Public Hearing: Receive comments on an application to the Federal Transit Administration for FY 2006 Operating Assistance and funding for the Compressed Natural Gas (CNG) Fueling Facility Consider authorizing the City Manager to submit an application to the Federal Transit Administration for FY 2006 Operating Assistance and for funding the construction, maintenance, and operation of a Compressed Natural Gas(CNG) Fueling Facility 1W7'JCity of Beaumont M M Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: March 21, 2006 AGENDA MEMO DATE: March 14, 2006 REQUESTED ACTION: Council conduct a public hearing and authorize the City Manager to submit an application to the Federal Transit Administration(FTA)for FY 2006 Operating Assistance and for funding the construction, maintenance, and operation of a Compressed Natural Gas (CNG) Fueling Facility RECOMMENDATION Administration recommends that City Council conduct a public hearing and authorize the City Manager to submit an application to the Federal Transit Administration. BACKGROUND Beaumont Municipal Transit will prepare a grant application for FY 2006 FTA funds. The grant will partially fund the expenses associated with the annual operation and maintenance of Beaumont Municipal Transit for FY 2006 and the construction, operation, and maintenance of a new CNG fueling facility. The projected budgets for the annual operations and CNG Fueling Facility are provided below: Operations Budget FTA Grant Share $1,529,140 City Share 1,439,524 State Share 431,336 Charter, Advertising and Farebox Revenue 600,000 Total $4,000,000 CNG Fueling Facility Budget FTA Grant Share $1,550,000 City Share 387,500 State Share - 0 - Total $1,937,500 BUDGETARY IMPACT The local match, provided by the City, for both FY 2006 Transit operations and a 20%local match for the CNG Fueling Station totals $ 1,827,024. PREVIOUS ACTION None. SUBSEQUENT ACTION: None. RECOMMENDED BY: City Manager, Public Works Director, City Engineer and Transportation Manager. I PUBLIC NOTICE The City of Beaumont/Beaumont Municipal Transit(BMT) is considering applying for a Federal Transit Administration(FTA) Operating and Capital Assistance Grant for the following listed projects in FY 2006. PROGRAM OF PROJECTS Project Description Local State Federal Total Operating Assistance $1,439,524 $431,336 $1,529,140 $3,400,000 for the Period 10101105 to 09/30/06 Construction and $387,500 -0- $1,550,000 $1,937,500 Operation/Maintenance of CNG Fueling Facility TOTAL PROGRAMMED $1,827,024 $431,336 $3,079,140 $5,337,500 Operating Assistance FY 2006 -This project provides fundin g P for the operation of the Beaumont Municipal Transit System for FY 2006,the period of October 1,2005 through September 30,2006. It is estimated that the operating expenses for the transit system will be$4,000,000. Subtracting an estimated farebox of$600,000,the net operating deficit becomes $3,400,000. Of this amount,the State of Texas will fund $431,336,the FTA will fund $1,529,140, leaving the local share of$1,439,524 to be funded by the City of Beaumont. Construction of CNG Fueling Station-This project is for the construction and operation/maintenance of a compressed natural gas fueling station. Sixteen new CNG powered transit coaches have been ordered at a cost of$6,071,376 through a Congestion Mitigation and Air Quality(CMAQ) grant with no cost to the City of Beaumont.These buses will replace the current fleet of 17 year old diesel buses.BMT and the City of Beaumont have both made a strong commitment to the future of the area's air quality by converting the public transit fleet over to cleaner burning natural gas. In addition to ordering the new buses, a new CNG fueling station will be constructed.Bids have recently been received and the winning low bid,pending City Council approval,was$1,517,100 for construction of the facility. In addition, an operation and maintenance agreement will be funded out of this project. Cost of this agreement will be based upon fuel usage and is estimated to cost between $100,000 to $130,000 annually. The City of Beaumont has already secured$472,600 from the State Texas Emission Reduction Program (TERP)with no local match required and $200,000 in CMAQ funding with a$50,000 local match previoulsy approved by City Council. That totals $722,600 in funding already secured towards construction of the fueling station. This grant application would be for the balance of the CMAQ funding allocated to Beaumont of$1,550,000,with a local match required of $387,500,for a total of$1,987,500. Adding in the $722,600 already approved,that brings the total of the fueling station project to $2,660,100. Out of this, construction of the station will cost$1,517,100 (with possible adjustments),leaving$1,143,000 to pay for the operation and maintenance contract.This should be enough to fund a contract for approximately 10 years based on estimated fuel usage. PUBLIC HEARING A public hearing on the above listed project will be held by the City of Beaumont on Tuesday,March 21,2006, at 1:30 pm in City Council Chambers, Beaumont City Hall,801 Main Street,Beaumont,Texas, 77704. The public hearing will offer an opportunity for interested persons,agencies, and private transportation providers to comment on the proposal. It will also afford the opportunity for interesf ed persons to be heard with respect to the social, economic, and environmental impacts oethe proposal. Prior to the hearing, additional information my be requested and/or written comments submitted to William J. Munson, General Manager,BMT,550 Milam Street,Beaumont, Texas, 77701. This proposal will become the final and submitted to FTA as described above unless amended by the City Council.