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HomeMy WebLinkAboutPACKET OCT 10 2006 J • K, City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 10, 2006 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Authorize participation in a State of Texas contract for the purchase of books, publications, and audio visual materials B) Authorize the City Manager to execute all documents necessary, specifically including a • License Agreement, in order for the Beaumont Police Department to continue to maintain a Police Substation at Parkdale Mall C) Approve a five-year agreement between the City of Beaumont and the Fire & Emergency Training Network (FETN), payable annually D) Approve a resolution authorizing the City Manager to execute an agreement with Workforce Centers of Southeast Texas to continue providing the City of Beaumont with temporary workers E) Approve a resolution authorizing the acquisition of property for the Phelan Boulevard Widening Project F) Approve a contract for roof replacement at the Tyrrell Park Stables G) Approve a settlement of the claim of Dontrell Holman H) Approve a settlement of the claim of Maceba Henry • A Cit y of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max Duplant, Chief Financial Officer MEETING DATE: October 10, 2006 AGENDA MEMO DATE: October 3, 2006 REQUESTED ACTION: Council authorization for City participation in a State of Texas contract for the purchase of books, publications, and audio visual materials. • RECOMMENDATION Administration recommends authorization for City participation in the State of Texas Cooperative Purchasing Program for the purchase of books,publications, and audio visual material. Contracted book vendors are Blackwell's Book Services,Baker and Taylor,Perma Bound,and Maj or Scientific Books. BACKGROUND The Cooperative Purchasing Program is coordinated by the Texas Building and Procurement Commission in accordance with State bidding statutes and allows cities to purchase goods and services at contracted prices offered to the State. By participating with the State, cities can reduce the number of bids processed as well as take advantage of volume discounts. The current contract for books, publications, and audio visual material is in effect through February 28, 2007 with renewals available as dictated by the State. Contract prices are based on publisher's list price less a percentage discount. Some books are available with a catalogue service. Books with this service are shipped"shelf ready"which includes a glued book pocket and spine label, a set of cards in the inside pocket, and an electronic record in full mark format for the library database. Paperbacks are also available pre-bound which includes the replacement of the publisher's original paperback cover with a hardback cover. Details of the contract are as follow: Books,Publications, and Audio Visual Material October 3, 2006 Page 2 ' ' kg ded VndoataIag� t ''es y x Legal Publishing, trade type law-related Blackwell's Book Services N/A 12% Health Science Publications Major Scientific Books N/A 18% Trade,publications as classified by Books-in-Print such as: Baker&Taylor $1.15/book 39% Novels, Popular Fiction& Non-Fiction Non-Trade,publications as classified by Books-in-Print such as: Baker&Taylor $1.15/book 20% Textbooks& Technical books Pre-bound Paperbacks Perma Bound Books $ .96/book 28% Video Cassettes Baker&Taylor N/A 30.5% Audio Book Cassettes Baker&Taylor N/A 34% Audio/Compact Disks Baker&Taylor N/A 24% BUDGETARY IMPACT Funds are available in the Beaumont Public Library's operating budget. The annual estimated cost is $75,000. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Director of Libraries, and Chief Financial Officer. B City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED: Frank C. Coffin, Jr., Chief of Police MEETING DATE: October 10, 2006 AGENDA MEMO DATE: September 26, 2006 REQUESTED ACTION: Consider a Resolution authorizing the City Manager to execute all documents necessary, specifically including a License Agreement, in order for the Beaumont Police Department to continue to maintain a Police Substation at Parkdale Mall. RECOMMENDATION Administration recommends authorizing the City Manager to execute all documents necessary to continue the Police Substation at Parkdale Mall. BACKGROUND The Beaumont Police Department has had a Police Substation at Parkdale Mall for approximately twelve(12)years. Attached is the License agreement from Parkdale Mall. BUDGETARY IMPACT The total fee is one dollar($1.00). PREVIOUS ACTION The Police Department has had a Police Substation at Parkdale Mall since 1994. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Chief of Police. i.TCF.NSF,A GR F Fr,rrxwrr Revised: 06/26/2006 Central Files#_U2 Project ID# 100-451 Deal Type:Inli,, License ID# Unit H-848 Afire Inmt Type,Renew2l THIS LICENSE is made this day of L.P_a T ti it d 200_,by and between CBT/P,rkdk malt of . a Lp Eby CBL&Associates Management Inc.,its managing agent �,.,�.,,,a(n)Co m,.P r incorporated in the state of Licensor'D and 77701 Attn- Kyle Hav Phon 9 Sgp 801 F - b1°mg offices at 01 gE $P- ,(Licensee'). It is understood and agreed that this Agreement is,and is intended to be a License,granting the Licensee permission nd m to i o engage in certain ads upon the Licensoe's premises,subject to the terms, conditions and limitations set forth herein. Licensor does not grant Licensee any permanent interest in Licensees premises,land building or other realty whatsoever,nor shall any other relationship between the Parties,including,but not limited to that of landlord and tenant be implied or created by virtue of this Agreement The License granted by this Agreement may not be sold,assigned,transferred,mortgaged, Pledged or transferred by Licensee. In consideration of the agreements set forth herein the parties agree: o License ea Licensee's rights,duties and obligati der this Agreement shall be limited ons un at the specific area containing approximately 799 88 squat � attached hereto and made a part hereof( e feet of floor area,as identified on Exhibit A, rea"License A ' in "Shopping Center's located at 6155 Eastex Freeway„Suite 200 Beaumont,TX y7— 7�79(Payment remittance address: CBL/Parkdale Mall,L.P., Attn:Lockbox#712427, 895 Central Ave.,Suite 600,Cincinnati,OH,45202). Licensee shall have no right to use any other area of Licesoes Premises,other than common areas open to the general public. 2' Duration- Licensee's tights under this 10/1/2006 or the day Agreement shall commence on the earlier of:(a) �) y Licensee opens ment Date"),and shall end on(the"Commence 'Expiration Date',unless the License referenced in this Agreement is revoked earlier by Licensor. (the Licensor shall not be liable to Licensee in damages or otherwise for any delay in the Commencement Date,regardless of cause. *Licensor or Licesee my revoke this License at any writ-ten time,with or without cause,and with sixty (60)days advance wrien notice. s 3' U1c- The License Area shall be occupied and used by the Licensee as approved by mall management solely for the purpose of—use substation for shift h are icrc( oa H 84R)as a poll n, eaartwnt+no t, police d a rr 1�= and for no other purpose whatsoever Licensee shall store and/or stock in the License Area only such merchandise as Licensee is Permitted to offer for sale in the License Area pursuant to this License. Licensee shall not violate applicable federal state,and local laws prohibiting the sale or display of products,which infringe on the trademarks or copyrights of others. 4. DZU/A Lice shall occu 9�t which shall not be changed without Lie sor's priorewri en consent name of CiTof 5. Ecri; Licensee shall pay Licensor,without notice,d such other location as Licensor may specify.by errand or setoff,at the property office of Y date of this y ly �ertiAed ch k- d on or before_LP cry r agree**+ nt and on t.a�. r t a rach month thereafter, ullit Start er End Date E= (i)Mmirnurn Fee(s): H-848 10/1/2006 10/1/2006 Totem $1.00 $1.00 In addition to e the Total Minimum Fee set forth above,Licensee shall pay to Licensor,the following fees in accordance with the schedule set forth below. 9 Dacription tc u ncv Staff End Date 1 EXHIBIT "A" (n) Intentionally omitted 6. DamagL_^nosit Licensee deposits herewith the sum of,slue upon Licensee execution mnleas otherMit no=d- Maa;.oe!u as a damage deposit which shall be applied towards fees and other charges shall be applied towards fees and other charges due under this Agreement and as a surety for the performance by Licensee of the terms of this License under which Licensee may be in default or for any sum which Licensor may expend by reason of Licensee's default in respect of any of the terms of this N License including any damages which may result to the License Area. Within thirty(30)days after the expiration of the term of this License there shall be an accounting with payment to Licensor or reimbursement to Licensee,as the case may be,of the aforesaid sum. In the event this License i s terminated,the damage deposit will be returned to Licensee after deducting any sums due Licensor. to 16iee of aeaeeffipiia8ee I'm_cr" --- t , i 9. Relocation- Licensor reserves the right to move,relocate,adjust or substitute the License Area,in Licensor's sole discretion. Licensor shall make every reasonable effort to do so in such a way as to be least disruptive to Licensee's business operations. 10. Revocation- The License granted by virtue of this Agreement may be revoked by Licensor, in Licensor's sole discretion for any reason,including,but not limited to the Specific Grounds for Revocation as set forth in Paragraph 14 hereof,upon not less than twenty-four(24)hours notice to Licensee. Licensee shall not be entitled to reimbursement or compensation for any purported damages or losses sustained as the result of any such revocation by Licensor. r � �r"ccr�czii2d- 2 *Licensee is self insured for all general ad automobile liability all claims atising from Licensee's use of the 1 �tY and will hold Licensor harmless for ease premises. 13. Liability of Licensor. Licensor shall not be responsible or liable for,and Licensee hereby expressly waives,all claims against Licensor for injury to persons or damage to Licensee's property on the License Area, regardless of the cause. Licensee's property in the License Area or the Shopping Center shall be there at Licensee's sole risk. Licensor,its agents,and employees shall not be liable for, and Licensee waives,all claims for loss or damage to Licensee's business or damage to person or property sustained by Licensee or any person claiming by,through or under Licensee resulting from any accident or occurrence in, on, or about the License Area or any other part of the Shopping Center,including, without limitation, claims for loss, theft, or damage resulting from (i) equipment or appurtenances becoming out of repair,(ii)injury done or occasioned by wind or weather,(ir1) any defect is or failure to operate,for whatever reason any sprinkler,heating,or air-conditioning equipment,electric wiring or the installation thereo&gas,water,or steam pipes,stairs,porches,railings,or walks;(rv)broken glass;(v)the backing up of any sewer pipe or downspout; (vi) the bursting, leaking, or running of any tank, tub, washstand,water closet,waste pipe,drain, or other pipe; (vii) the escape of steam or water,(viii)water, snow,or ice being upon or coming through the roof,skylight,trap door,stairs,doorways,windows,walks, or any other place upon or near the Shopping Center,(ix)the falling of any fixture,plaster,tile,stucco,or other material;(x)any act,omission,or negligence of other licensees or any other persons or occupants of the Shopping Centel or of adjoining or contiguous buildings,of owners of adjacent or contiguous property, or the public,or by operations in the construction of any private,public,or quasi-public work;of(xi)any other cause of any nature. To the maximum extent permitted by law,Licensee agrees to use and occupy the License Area,and to use such other portions of the Shopping Center as Licensee is herein given the right to use,at Licensee's own risk. 14. Specific Grounds fm Revocation: If (a) Licensee fails to perform any of the terms, conditions,or covenants of this License;or(b)in the event there shall be filed by,or against,Licensee in any court pursuant to any statute,either of the United States or any State,a petition n in bankruptcy,(n) alleging insolvency, (iii) reorganization, (iv) appointment of a receiver, (v) any arrangement of the bankruptcy acts, or a similar type of proceeding; or(c) Licensee fails to pay,when due, any payment required hereunder,or(d)Licensee abandons or vacates the License Area;or(e)in the event of any other default by Licensee;then in any such event Licensee's rights hereunder shall cease and,Licensor may at its option(1)have the right to immediately revoke and terminate this License,and upon demand Licensee agrees to immediately surrender possession of the License Area to the Licensor, (2) make demand for immediate payment of all current and future rent and any other monetary obligations due hereunder;(3)re- enter the License Area and remove all persons and/or any property therefrom,by any suitable action or proceeding at law. All rights and remedies of Licensor herein or at law and in equity are cumulative. If Licensor,at its sole discretion,determines it is necessary to engage attorneys to enforce Licensor's rights hereunder,Licensee will reimburse Licensor for reasonable attorney's fees and court costs. With respect to any litigation arising out of this License Agreement,Licensee hereby expressly waives the right to a trial by jury and the tight to file noncompulsory countersuit or crossclaim against Licensor. 15. Obligations non Revocation: Up service of the notice required by above Paragraph 10, Licensee shall:(a)remove all of Licensee's proper on ty,including,but not limited to inventory and trade fixtures from Licensor's premises within the time period set forth in the notice;(b)upon demand of Licensor,pay all current and future charges due under this Agreement;(c)reimburse Licensor for all reasonable attorney fees and court costs incurred as the result of Licensor enforcing its rights under this Agreement. Licensoes rights and remedies under this Agreement are cumulative and Licensoe's failure to assert any claim allowed under this Agreement at any time shall not be construed as a waiver of the same. 16. Damage- This License shall be revoked automatically if any portion of the License Area is damaged by fire or other peril, regardless of the cause. Licensee shall have no recourse against Licensor as a result of damage due to fire or any other peril. 17. Lability, There shall be no personal liability of Licensor with respect to this License. If a breach by Licensor occurs,Licensee shall look solely to the equity of Licensor in the Shopping Center for the satisfaction of Licensee's remedies. 18. Provisions• Licensor is or may be a party to certain documents,as amended from time to time, with a mortgagee or beneficiary of Licensor, department stores, mall tenants, and others. This License is subject and subordinate to all the provisions in those documents,as amended from time to time. 19. Terms of Agreement: This License contains all the covenants, promises, agreements, conditions, and understandings between Licensor and Licensee. There are no other, either oral or written,between them other than those set forth in this License. 20. Obli gati= F upon r — Upon the Expiration Date of this Agreement,Licensee shall immediately remove all of Licensee's property,including,but not limited to inventory and trade fixtures from Licensees premises and otherwise return the License Area to the same condition as it existed at the Commencement Date hereof. If Licensee shall fail to do so,Licensor shall be entitled to additional fees equivalent to one hundred twenty-five percent(125 1/6)of the total Minimum Fee specified in Paragraph 5 hereof, assessed in daily increments as one-thirtieth(1/30) of the total monthly amount. Licensee shall also reimburse Licensor for any court costs and reasonable attorney fees incurred as the result of Licensee's failure to-vacate the License Area upon the Expiration Date as set forth in Paragraph 2 hereof. 3 21. Liabdity of Licensor. The term "Licensor"of means only the owner or mortgagee in Possession for the time being of the building in which the License Area is located or the owner of a leasehold interest in said building and/or the land thereunder so that in the event of sale of said building and/or an assignment of this License by Licensor, and/or a demise of said budding and/or the land, Licensor shall be and hereby is entirely freed and relieved of all obligations of Licensor hereunder and it shall be deemed without further agreement between the parties and such purchaser(s), assignee(s), or lessee(s) that the purchaser, assignee, or lessee has assumed and agreed to observe and perform all obligations of Licensor hereunder. It is specifically understood and agreed that there shall be no personal liability of Licensor(nor Liceasot's agent,if any)in respect to any of the covenants,conditions,or provisions of this Agreement;in the event of a breach or default by Licensor of any of its obligations hereunder,Licensee shall look solely to the equity of the Licensor in the Shopping Center for the satisfaction of Licensee's remedies. In addition hereto, it is specifically understood and agreed that censor's rights, privileges, duties, and obligations may be administered by Licensor's Liceasor's ent,and th designee, including, but not limited to, agat such designee shall have the full authority of Licensor hereunder to perform all of Licensee's functions hereunder including, but not limited to,the execution of this License and any other related documentation. 22. Noa-W fiver Pr-vision, The failure of Licensor to insist upon performance of any Of the terms,conditions,and covenants hereof shall not be deemed to be a waiver of any rights or remedies that Licensor may have and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions,and covenants herein contained. 23• Binding Agr m ^t• This Agreement may not be modified in any manner other than by a r written agreement signed by Licensee and Licensor,or any successor,designee,or assignee of Licensor. The terms,conditions and covenants set forth herein shall inure to the benefit of and be binding upon Licensee and Licensor,or any successor,designee or assignee of Licensor. 24. Design Requirements- All costs. and expenses (including permits or licenses) attributable to the construction of the License Area by Licensee shall be borne by Licensee. Licensee shall not commence construction of the License Area without first obtaining Licensoe's approval of the location and design,nor prior to the execution of this License. Design criteria for the construction of the License Area are: a. The kiosk/pushcart structure shall be limited to counter units with no overhead obstructions that inhibit the visibility of tenants, licensees of other occupants in the Shopping Center. Counter units shall not exceed 48"in height. b. The kiosk/pushcart structure,if located in an open floor area,shall not be anchored into the floor or other put of the Shopping Center structure. An area width of no less than twelve feet (12'0") minimum shall be maintained on all sides of the kiosk/pushcart subject to traffic p 1 flow. C. Water service and special HVAC Systems are not available. Heating,venting,and Fire Protection Systems shall be that which is provided to common areas in the Shopping Center. d. Design criteria for all signs to be utilized at the License Atea, kiosk/pusbcart size, construction, finish materials,and special equipment shall be evaluated specifically for each individual licensee. Licensee shall submit plans for Licensoe's review and approval prior to construction and shall include pictures of any existing units of Licensee's. e. Licensee shall prepare its plans and perform all work to comply with all applicable governing statutes,ordinances,regulations,codes,and insurance rating boards,and shall apply for all necessary permits. Licensoe's approval of Licensee's plans shall not relieve Licensee of its obligation to complete the development in accordance with this License,nor does it relieve Licensee from complying with laws,riles,regulations,and requirements of local governing authorities. Certificates of occupancy and waivers of lien from Licensee's contractor,all subcontractors and material men shall be filed with Licensor upon completion of work. f Set up and tear down of kiosks/pushcarts shall take place when the Shopping Centex is not open for business, unless Licensor has agreed otherwise in writing. For in-line space, set up may take place during mall hours, as long as it does not interfere in any manner'including noise or dust,with mall business and the comfort of the patrons. A Is black drape or equivalent,provided by Licensee,must be covering the entire storefront, as to keep the interior design concealed until ready for business. ' 4 i u' er 'ts:If there are any licenses,authorizations,or permits required by any governmental agency or authority for the type of activity to be carried on at or for the use of the License Area,Licensee shall be responsible for obtaining such. No unlawful activities shall be permitted in the use of the License Area. The consumption or sale of alcoholic beverages on or from the License Area shall not be permitted. 26. Visual Merchandising:. Licensee shall comply with the visual merchandising standards of Licensor. Licensee understands and agrees to implement visual merchandising recommendations of Licensor and change visual merchandising presentation as requested by Licensor. 27. Opera'mg Reatarements,11 ensee shall observe all Operating Rules for the Shopping Center and Licensee's occupancy therein which Licensor may promulgate from time to time,including but not limited to: a. Licensee shall use and occupy the License Area in a careful,safe and proper manner and shall keep the License Area in a clean and safe condition in accordance with this License,local ordinances,and the directions of public officers. b• All signage located in and upon the License Area shall be approved by Licensor prior to installation or placement. All signs,placards,banners,pennants, or other advertising matter shall be prepared in a professional manner and in no event shall be handwritten. Licensee shall display an approved sign depicting its approved trade name. Sign Criteria: Signs are to be famished and installed by Licensee and approved by an agent for Licensor. Licensee's sign contractor or architect must submit a black and white rendering(specifying PMS colors) of Licensee's sign prior to approvaL Licensee's sign shall be located within the limits of Licensee's storefront and shall not project more than 8" beyond the storefront if the Shopping Center is an enclosed mall, and not more than 12" beyond the storefront if the Shopping Center is a strip center. Sign Size: Malls: Up to 30'storefront Capitals 18" Lower Case 12" 30'-1"and greater: Capitals 24" Strip Centers: Lower Case 18" Up to 30'storefront: Capitals 24" Lower Case 18" 30-1"and greater: Capitals 30" Lower Case 24" The length of Licensee's sign shall be limited to 70% of Licensee's storefront. C. Licensee shall not display merchandise on or outside the boundaries of the kiosk/pushcart structure. The outside areas immediately adjoining the License Area shall be kept clear at all times by Licensee,and Licensee shall not place nor permit any obstructions,garbage,refuse,merchandise,or displays,or racks,in such areas. d. All loading and unloading of goods shall be done only at such times,in the areas,and through the entrances designated for that purpose by Licensor. e• All garbage and refuse shall be kept in the kind of container specified by Licensor,and shall be placed and prepared for collection in the manner and at the times and places specified by Licensor. If Licensor shall provide or designate a service for picking up refuse and garbage,Licensee shall use same at Licensee's cost. Licensee shall pay the cost of removal of any of Licensee's refuse and garbage,and maintain all common loading areas in a dean manner satisfactory to the Licensor. Licensee shalt use any trash compactor Licensor provides for the general use of Licensee or licensees in a designated area of the Shopping Center. Notwithstanding the foregoing provision,if Licensee qualifies as a generator of medical waste, then Licensee shall be solely responsible for causing compliance with all federal, state and local laws, whether existing now or established in the future, relating in any way to the storage, containment, treatment, transfer, transportation and disposal of medical waste(including the use of licensed medical waste management companies), and shall hold Licensor harmless for Licensee's noncompliance or violations thereof. For purposes hereof,"medical waste"means any solid,semisolid or liquid waste,which is generated in the diagnosis,treatment (e.g.,provisions of medical services) or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals. 5 "Generator" means any person or entity whose act or process produces medical waste as hereinbefore defined. f• No loudspeakers,televisions,phonographs,cd players,DVD players, cassette Play ers,radios,flashing lights,or other devices shall be used in a manner so as to be heard or seen outside of the License Area. No electronic or communication devices shall be used in the License Area or in connection therewith which interrupt or interfere with the use and enjoyment of electronic or communication devices of other occupants of the Shopping Center or of the neighborhood in which the Shopping Center is located. g Licensee shall not conduct or permit any fire, bankruptcy, relocation, liquidation,retirement,moving,auction, or"going out of business" sale (whether real or fictitious)in the License Area,or utilize any unethical method of business operation. Licensee shall not use the License Area as a clearance, outlet or wholesale center. h• . Licensee shall not carry on any trade or occupation or operate any instrument or equipment, which emits an odor or causes a noise discernible outside of the License Area. I. Licensee shall not distribute any handbills or other advertising matter in the Shopping Center or on automobiles parked in the parking areas of the Shopping Center. j- Licensee and Licensee's employees shall not park their cars in those portions of the parking area designated for customer parking by Licensor. If Licensee or Licensee's employees'park in portions of the Parking area designated for customer parking,Licensor may,in addition to its other remedies,have such can removed at Licensee's expense. k Licensee and Licensee's employees shall maintain a neat and appropriate appearance and dress,and are expected to operate in a dignified,ethical,manner. L Licensee shall display its customer sales return policy. m. Licensee shall not permit loitering at the License Area. n• Licensee shall famish Licensor with emergency telephone numbers and a forwarding address. o. Due to the lack of on-site storage facilities,acquisition of outside storage shall be Licensee's responsibility. p- Licensee shall be solely responsible for policing its location against theft,loss, or damage to its kiosk/pushcart and/or merchandise. Under no circumstance shall Licensor be held liable for such theft,loss,or damage. 28• and t• Licensee shall at all times during its occupancy of the License Area provide sufficient supervision and maintain adequate control of its employees,guests,and invitees. 29' ° l- Licensee shall at the Expiration Date or earlier revocation of this License remove its goods and effects,repair any damage caused by such removal,and peaceably yield up the License Area clean and in good order, repair, and condition. Personal property of Licensee not removed within two (2) days of such Expiration Date or earlier revocation shall become the property of Licensor,at Licenser's option without liability to Licensee therefore. 30. -QOduct and tr ra �—tieix- Licensee shall not harm the License Area, commit waste, create nuisance ,make any use of the License Area which is offensive in Licensee's sole opinion,nor do any act tending to injure the reputation of the Shopping Center. Licensee shall not make alterations or additions to the License Area,nor permit the making of holes in the walls,partitions,ceilings,or floors,nor Pen-nit the painting or placing of exterior signs, placards,or other advertising media, banners,pennants, awnings, aerials, antennas, or the like in or on the License Area, without the prior written consent of Licensor which may be withheld in Licensor's sole discretion. Licensee shall comply with all laws, ordinances,orders,and regulations affecting the use or occupancy of the License Area.Licensee shall not violate applicable federal and state laws prohibiting the sale or display of products,which infringe on the trademarks or copyrights of others. 31. (`ond_tion of I i e ay Licensee has inspected the License Area,and accepts it"as is with no representation or warranty by Licensor regarding the condition of the License Area or its suitability for Licensee's use or occupation thereof. Licensor has no obligation to repair the License Area unless the obligation is set forth in this License. 6 32. Hours of Operation The License Area shall remain open for business at all times designated by Licensor. Licensee shall operate in the entire License Area continuously and uninterruptedly while this License is in effect,and in a first class manner. 33. Hazardou Material: Licensee shall not cause or permit any hazardous material to be brought upon,stored,kept,used,or discharged on or about the License Ar,a. 34. Access to License a ArP � Licensor may enter the License Area at any time. 35. Condition of T icen e a Licensee shall maintain, at its sole cost and expense, the License Area in good condition and make all necessary replacements and repairs to the License Area except for structural repairs. In addition to all other remedies of Licensor,if Licensee does not complete its obligations to repair and maintain the License Area,or if Licensor,in the exercise of its sole discretion, determines that emergency repairs are necessary,or repairs or replacement of any portion of the License Area or the Shopping Center are made necessary by any act,omission,or negligence of Licensee or its agents, employees, contractors, or assignees, then in any such event, Licensor may make such repairs, maintenance, or replacements without liability to Licensee for any loss or damage that may accrue to Licensee,its merchandise,fixtures,or other property,or to Licensee's business by reason of such repair, maintenance,or replacement. Upon completion of any such repair,maintenance,or replacement Licensee shall pay upon demand, as additional fees, Licensor's costs for making such repairs, maintenance, or replacements together with Licensors administrative costs related thereto which amount shall equal 1.5 times the total cost of the repair,maintenance,or replacement Furthermore,Licensee shall immediately notify Licensor of any defects or unsafe conditions in the common areas immediately adjacent to the License Area. —le-d1w.fi9M 44 1i 37• Nonprobibited Tranca t on Re resentation P Licensee hereby represents and warrants to Licensor that Licensee is not,and shall not become,a person or entity with whom Licensor is restricted from doing business with under regulations of the Office of Foreign Asset Control ("OFAC'� of the Department of the Treasury(including,but not limited to,those named on OFAC's Specially Designated and Blocked Persons list)or under any statute,executive order(including,but not limited to,the September 24, 2001,Executive Order Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit,or Support Terrorism),or other governmental action and is not and shall not engage in any dealings or transaction or be otherwise associated with such persons or entities. IN WITNESS WHEREOF,the parties have executed this Agreement on the day and year first above written,each acknowledging receipt of an executed'copy hereof. LICENSOR: partners lu�CBL, A s ociat s Management Inc m agi o a2= Bv Print Name- Ku T. dgreen Its•Au ho ized Signatory Dam LICENSEE: City of B a�n+ont 74-W By Its: Date• 7 , T:�ACUve Laaaa PlaneWDlPt cH.dwp,Y(yppp58Q8:55 AM,17.57641 / BUILDING i c C) ca o Z :r O j _..__.- !F j i I Li 'd `I BUILDING PARKDALE MALL ��• "�dM_°°° -=�^a* BEAUMONT,TEXAS EXHIBIT •A• c City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Michel G. Bertrand, Fire Chief MEETING DATE: October 10, 2006 AGENDA MEMO DATE: September 26, 2006 REQUESTED ACTION: Council approval establishing a five-year agreement between the City of Beaumont and the Fire &Emergency Training Network(FETN), payable annually. RECOMMENDATION: Council consideration to authorize the City Manager to enter into an agreement for fire training with the Fire &Emergency Training Network (FETN). BACKGROUND: The Beaumont Fire Department signed on with the Fire&Emergency Training Network(FETN) as a charter member on March 14, 1991. Many changes have occurred in the fire service over the past fifteen years-FETN has consistently responded to those changes and is considered a national leader in providing quality, cost-effective programming in a broad range of emergency services disciplines. Today, FETN reaches more than a quarter-million fire, EMS, and technical rescue personnel each month. FETN programming gives our personnel access to the nations top specialists, with training that is compliant with the following national and state organizations: National Fire Protection Association(NFPA), U.S. Department of Transportation(DOT),Insurance Services Office(ISO), U.S. Occupational Safety and Health Administration (OSHA), U. S. Environmental Protection Agency (EPA), Continuing Education Coordinating Board for Emergency Medical Services (CECBEMS), Texas Commission on Fire Protection (TCFP), and Texas Department of State Health Services(TDSHS). This enables all department personnel to learn about critical regulations and satisfy certification requirements in a fraction of what it would cost to either send an equivalent number of persons to specialized workshops and seminars, or bring in outside trainers and pay personnel overtime for their attendance. On March 9, 2006, FETN representatives submitted an updated proposal for services which includes the addition of the Desktop Video on Demand (DVOD) and the Course Creation Tool (CCT) services. The proposal provides an opportunity to save money by signing a multi-year agreement. Multi-year rates can be invoiced annually. BUDGETARY IMPACT: $16,576.88 annual fee under the multi-year agreement. If this were under a single year agreement, the annual fee would be $21,827. PREVIOUS ACTION: None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Fire Chief. D C� of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Lillie Babino, Human Resources Director MEETING DATE: October 10, 2006 AGENDA MEMO DATE: September 22, 2006 REQUESTED ACTION: Council consider approving a resolution authorizing the City Manager to execute an agreement with Workforce Centers of Southeast Texas to continue providing 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. RECOMMENDATION Administration recommends approval of a resolution authorizing the City Manager to execute an agreement with Workforce Centers of Southeast Texas to continue providing the City of Beaumont with temporary workers for clean up, restoration and humanitarian efforts that are necessary as a direct result of recovery efforts associated with the Hurricane Rita disaster. BACKGROUND Workforce Centers of Southeast Texas announced that it had secured a grant to pay wages for non- full-time employees working in our recovery effort. The grant is provided by the National Emergency Grant (NEG) program to employ temporary workers to help with Hurricane Rita clean up, restoration and humanitarian efforts. The NEG program consists of temporary work, wherein the participant referred by Workforce Centers of Southeast Texas to the Work Site Employer is given job functions to perform under the guidance and supervision of the Work Site Employer. The Workforce Centers of Southeast Texas has contracted with American Personnel to serve as a third party employer and all workers paid through this program must register with and be paid by American Personnel. Having been made aware that grant funds were available to employ temporary workers to help with clean up from Hurricane Rita, City departments began utilizing the funds at no cost to the City. To date, the restoration efforts are still underway in the Parks Division, thereby necessitating the need to continue in this program. BUDGETARY IMPACT None. PREVIOUS ACTION Council approved authorization to execute an agreement with Workforce Centers of Southeast Texas with Resolution No. 06-058 dated February 14, 2006. SUBSEQUENT ACTION The City will continue to employ temporary workers paid by the NEG program as they are needed until the grant ends no later than May 31,2007 unless otherwise noted. The expiration date has been extended from July 28, 2006. RECOMMENDED BY City Manager and Interim Human Resources Director _. ...,._.. .,.:._. a . .._. L TEMPORARY JOBS FOR DISASTER RELIEF WORKSITE AGREEMENT Between the TEXAS WORKFORCE CENTER OF SOUTHEAST TEXAS And WORKSITE EMPLOYER AGENCY WORKSITE : WORIFORCE m INFORMATION EMPLOYER CENTER City of Beaumont Southeast Texas NAME Workforce Center ADDRESS 8o1 Main Street 304 Pearl Street MAILING ADDRESS Same Same Beaumont, TX 77701 ;Beaumont,TX 77701 CITY, STATE, ZIP (409) 880-3717 ,.,a..d (4o9) 839-8045.. PHONE NUMBER FAX NUMBER (409) 880-31o8 (409) 832.-2597 Walterine Brown :Shari Gage ........__ .. . CONTACT PERSON Shari.l.9-a e se � - - - -- -- g-_@ tworks. EMAIL ADDRESS or - - - - WORKSITE EMPLOYER NUMBER OF TEMPORARYR s EMPLOYEES REQUESTED: BUSINESS IS: Public Non-Profit � ti i ( ) Private Non-Profit O Governmental E x Other This worksite agreement may begin upon the date of declared disaster and/or date of mandatory evacuation and can end at any time. The worksite employer agrees to the following terms of this Agreement and attached Addendum to be funded from the USDOL Employment and Training dministration Workforce Investment Act (WIA) Title 1 National Emergency Grant (NEG) covered under Federal Disaster Declaration FEMA. NEG ooi-1 1 08/06(Green The primary purpose of this Agreement is to identify and establish temporary jobs to assist in the clean-up, restoration and humanitarian efforts that are necessary as a direct result of ecovery efforts associated with the Hurricane disaster and to fill those jobs with eligible individuals that have temporarily or permanently lost their regular job as a result of the disaster or cannot find work as a result of the disruption to business activities caused by a declared emergency and/or disaster. TEXAS WORKFORCE CENTER OF SOUTHEAST TEXAS will contract with American Personnel & Temps to provide the direct services and will be the employer-of-record for temporary worksite employees for the National Emergency Grant. To be in compliance with State and Federal Regulations each party involved must adhere to the attached Addendum which lists the terms and conditions and roles and responsibilities. Agency/Worksite Employers signature attests that you have received, read and agree to the Addendum to the Worksite Agreement (Worksite Employer, Texas Workforce Center of Southeast Texas and American Personnel &Temps Roles and Responsibilities). IN WITNESS THEREOF, the parties hereto having been duly authorized and representing that they have the power and authority to execute this Agreement and perform the responsibilities specified herein have made and executed this Agreement on the respective dates under each signature. Worksite Employer Name TEXAS WORKFORCE CENTER OF SOUTHEAST TEXAS -/ r;� Zq C<'K' P Signature Authority Signature Authority Typed Name Typed Na cl.�DC7 0l VO A To Typed Title Typed Title Date Date f NEG ooi-i 2 Signed Copy for Worksite Employer Revised: o8/o6(Green) Signed Copy for Workforce Center i Addendum to Temporary Jobs for Disaster Relief Worksite Agreement NATIONAL EMERGENCY GRANT (NEG) Program Overview Program Overview: This NEG program shall consist of temporary work, wherein the participant referred by Workforce Centers of Southeast Texas to the Worksite Employer is given job functions to perform under the guidance and supervision of the Worksite Employer in accordance with the job description attached hereto. It is understood by Workforce Centers of Southeast Texas and the Worksite Employer that no legal employer-employee relationship is created or exists between the Worksite Employer and the participant. In agreeing to provide direction and supervision of the participant, the Worksite Employer understands that this does not make Workforce Centers of Southeast Texas or its designee liable to the Worksite Employer or any third party by reason of any future act or failure to act by any participant on or off the job. Limitations on partacroation xl1q*e llrntta �s aplsliaaxduta �dq pe � e, �� > ' .� eater b 4 7'egepo for:rar ?rpaynet ute llscrnsider � � , € u� ltrh Y` wl?a3' ?�ijitnc . I _r ,liaste �ytfAc ? « -- -- Recr-uitment-and S!ele-etior- - - - - - - - - - - - - - - - - Recruitment and eligibility determinations will be the responsibility of Workforce Centers of Southeast Texas. Individuals determined to be eligible for this program will be referred to the Worksite by Workforce Centers of Southeast Texas. Hold Harmless Without waiving its sovereign immunity, and if and to the extent allowed by law, each party shall indemnify and hold harmless each other, its officers,officials, and employees from and against all claims and liabilities of any nature or kind, including costs and expenses for or on account of any claims, damages, losses, or expenses of any character whatsoever resulting in whole or in part from the negligent performance or omission of either party's employees or representatives connected with the activities described herein. Changes to the Agreement There shall be no modification or amendment of this Agreement, except in writing,executed with the same formalities as this instrument. Requests for interpretations of the Agreement provisions shall be directed to the Workforce Centers of Southeast Texas and must be in writing. No interpretations shall be official or binding upon the Worksite Employer unless it is received in written form. Form:NEG 001-a-2 Addendum(Green) 1 Original-Employer SETWDB Copy-WFC 10/05(Revised 08/06) Termination This Agreement may be terminated as follows: A. Workforce Centers of Southeast Texas or the Worksite Employer may terminate the Agreement for convenience upon ten-(1o)calendar day prior written notice to the other party. B. Workforce Centers of Southeast Texas may terminate this Agreement in whole or in part at any time that the Workforce Center of Southeast Texas Director, in his or her sole judgment,determines that: 1) The Worksite Employer has failed to comply with any of the provisions contained in this Agreement or any Amendment hereto; 2) the Worksite Employer fails to perform in whole or in part under this Agreement or fails to take corrective action after receiving oral or written requests to do so within an appropriate time period as may be stipulated by Workforce Centers of Southeast Texas; or 3) The United States Department of Labor or State of Texas fails to provide adequate funds, reduces, eliminates or otherwise terminates the program under which this Agreement is written. Notice Other than as provided herein, notice shall be required to be given to Workforce Centers of Southeast Texas under this Agreement, and shall be sufficient when hand delivered or mailed to the Workforce Center of Southeast Texas at its office at 304 Pearl Street, Beaumont,Texas 77703. All notices required to be given to the Worksite Employer under this Agreement shall be sufficient when hand delivered or mailed to the Worksite Employer at its office located at the address identified in paragraph one, page one of the Agreement. Controlling Laws This agreement and the provisions contained herein shall be construed, controlled and interpreted according to the laws of the State of Texas. Involved Entities A. Workforce Centers of Southeast Texas(Beaumont,Port Arthur,Orange and Silsbee Sites) B. Employers C. Employees D. Employer of Record Responsibilities of the Workforce Centers of Southeast Texas Accepts and agrees that it shall: A. Assist the job site supervisor in resolving any problems concerning the --- — - - - - - participants'-per ormanee -on--the-- 'ob-h .f ,� y-responding-to -the-- Worksite----- - --- -- - - Employer's notice. B. Hear all grievances concerning program participant's performance at the job site. C. Provide counseling and supportive services to participants as the need is identified. Monitoring The Worksite Employer shall allow Workforce Centers of Southeast Texas, the Governor of the State of Texas,or any of its agents and/or subcontractors,and the US Department of Labor(DOL) to visit the Worksite Employer's work sites, monitor the program, report problems, require corrective action within specified time periods or remove participants from work sites without ,prior notice other than a written notification to be delivered to the Worksite Employer at the time of the removal. This action may be taken when Workforce Centers of Southeast Texas, the Governor of the State of Texas, or DOL finds serious or continual violations of rules or laws, where violations are not being remedied, or where Workforce Centers, the Governor of the State of Texas or DOL find noncompliance on any of the terms or conditions under this Agreement. Form:NEG 001-a-2 Addendum(Green) 2 Original-Employer SETWDB Copy-WFC 10/05 (Revised 08/06) Responsibilities of the Employers The Worksite Employer accepts and agrees that it shall: A. Direct and supervise participants work activities in accordance with their job description(s), which is hereby incorporated by reference and made a part of this Agreement. B. Assure that it will have supervisory personnel who will act as work site supervisors for each of the Worksite Employer's work sites so as to provide for continuous on-site supervision of participants. C. Assign worthwhile and meaningful work to participants during the entire time they are at the worksite. D. Require participants' conformance with the Worksite Employer's Personnel Rules of Conduct. E. Orient and train their work site Supervisory personnel including any alternate staff directly responsible for the supervision of participants as to the Worksite Employer's responsibilities and obligations under this Agreement. F. Notify Workforce Centers of Southeast Texas immediately of any temporary and/or ongoing changes in the designation of personnel who will be supervising the participant(s). G. Be accountable for maintaining participant time sheets by keeping accurate work time attendance rosters, supervising the proper completion and signing of time sheets by each participant, certifying and signing participant time sheets if all the prior requirements are met, and submitting these timesheets to the Workforce Center representative as instructed. H. Ensure that all sites where participants will be assigned are sanitary and safe environments in accordance with health and safety standards established by State and Federal law. I. Ensure that all required safety supplies and equipment are used in the proper manner for the intended use. J. Conform to normal routines and functions befitting a reasonable business establishment, including, but not limited to, appropriate supervision on the premises at all times, displaying positive work habits, maintaining safe working conditions, and appropriate attire. K. Have an inclement weather plan for any approved positions that are required to work out of doors to ensure that alternative tasks can be performed inside during inclement weather. L. Inform Workforce Centers of Southeast Texas and Employer of Record immediately should an accident or injuries occur at the job site affecting or involving a participant and - - - - �uire the participant to com plete a first-r eport of injury form.- -- M. Notify Workforce Centers of Southeast Texas by telephone of any problem or concern regarding a participant's performance at a work site as soon as possible, but at least within 24 hours of when the problem is identified. N. Not discriminate against any participant or potential participant because of race, color, religion,sex,national origin or disability. O. Ensure that participants receive fair and impartial treatment and that participants shall not be subjected to harassment of any type or form. P. Ensure that the following general conditions for temporary jobs shall be complied with: 1) Participants shall receive comparable working conditions and non-payroll benefits such as rest breaks, etc. as other employees; 2) There shall be no displacement of regular employees nor replacement of laid-off workers by the temporary job participant(s); and 3) There shall be no infringement of promotional opportunities for regular employees. Q. Not subcontract, assign or transfer any rights or responsibilities under this agreement or any portion thereof without the prior written approval of Workforce Centers of Southeast Texas. Form:NEG 001-a-2 Addendum(Green) 3 Original-Employer SETWDB Copy-WFC 10/05(Revised 08/06) f R. Implement administrative controls to ensure that costs for wages and other costs that the Workforce Centers of Southeast Texas is responsible for paying are not being paid by other federal, state, or local programs to eliminate the possibility of a duplication of funding. S. Maintain all records and files pertaining to the operation of this Agreement and any amendment hereto for three (3) years following expiration of this Agreement. Records and files shall include, but not be limited to, time and attendance sheets, supervisor assignments,this Agreement,etc. T. Immediately advise Workforce Centers of Southeast Texas in writing of any actions,suits, claims or grievances filed against the Worksite Employer,Workforce Centers of Southeast Texas, State of Texas, federal officials or participants that in any way relates to this Agreement. U. Worksite Employer must determine and ensure that all temporary workers at all worksites are only performing disaster-related work activities. The Worksite Employer shall notify Workforce Centers of Southeast Texas of any changes to the required work hours,job description, and/or if the disaster recovery work has been completed and the job needs to be ended. V. Prohibited Activities Sectarian Activities: The Worksite Employer assures that participants will not be employed in building, operating, or maintaining any part of any building, which is used for religious instruction or worship. Collective Bargaining and Union Activities: The Worksite Employer assures that this agreement will not impair existing contracts for services or collective bargaining agreement between the Worksite Employer and other parties, nor will this agreement assist,promote or deter union organization. Lobbying And Political Activities: The Worksite Employer assures that this agreement will not assist with political or lobbying activities or the cost of any salaries or expenses related to any activity designed to influence legislation or appropriation pending before the Congress of the United States. Relocation: Neither the execution nor performance of the Agreement will assist in,support or otherwise contribute to the relocation of the Worksite Employer's business. Form:NEG 001-a-2 Addendum(Green) 4 Original-Employer SETWDB Copy-WFC 10/05 (Revised 08/06) RESOLUTION NO. WHEREAS, City Council approved Resolution No. 06-058 on February 14, 2006 authorizing 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 made necessary as a direct result of recovery efforts associated with Hurricane Rita disaster; and, WHEREAS, The National Emergency Grant (NEG) program has provided a grant to employ temporary workers to help with Hurricane Rita clean-up, restoration and humanitarian efforts; and, WHEREAS, the City wishes to continue the agreement with Workforce Centers of Southeast Texas: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute an agreement with Workforce Centers of Southeast Texas to continue providing 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 Hurricane Rita disaster PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of September, 2006. - Mayor Guy N. Goodson - ., TEMPORARY JOBS FOR DISASTER RELIEF WORKSITE AGREEMENT Between the TEXAS WORKFORCE CENTER OF SOUTHEAST TEXAS And WORKSITE EMPLOYER AGENCY WORKSITE WORKFORCE'.._ _... INFORMATION EMPLOYER CENTER City of Beaumont Southeast Texas NAME Workforce Center ADDRESS 8oi Main Street 304 Pearl Street Same Same._. _ MAILING ADDRESS CITY, STATE, ZIP Beaumont, TX 77701 Beaumont, TX 77701 PHONE NUMBER (409) 880-3777 (409) 839-8045._ FAX NUMBER (409) 880-3108.._ (,409) 832-2597 Walterine Brown Shari Gage .._. .._. . _..._. CONTACT PERSON .Shari.l.gage @setworks. EMAIL ADDRESS E or �. . .._ -_. �._�w_ _. _�..�. WORKSITE EMPLOYER NUMBER OF TE�VIPORARY � � 1� BUSINESS IS: EMPLOYEES REQUESTED ( ) Public Non-Profit ( ) Private Non-Profit + $ Y ( ) Governmental ( ) Other Y a . 1 w This worksite agreement may begin upon the date of declared disaster and/or date of mandatory evacuation and can end at any time. The worksite employer agrees to the following terms of this Agreement and attached Addendum to be funded from the USDOL Employment and Training Administration Workforce Investment Act (WIA) Title 1 National Emergency Grant (NEG) covered under Federal Disaster Declaration FEALA. NEGooi-i i EXHIBIT "A" o8/o6(Green The primary purpose of this Agreement is to identify and establish temporary jobs to assist in the clean-up, restoration and humanitarian efforts that are necessary as a direct result of ecovery efforts associated with the Hurricane disaster and to fill those jobs with eligible individuals that have temporarily or permanently lost their regular job as a result of the disaster or cannot find work as a result of the disruption to business activities caused by a declared emergency and/or disaster. TEXAS WORKFORCE CENTER OF SOUTHEAST TEXAS will contract with American Personnel & Temps to provide the direct services and will be the employer-of-record for 'temporary worksite employees for the National Emergency Grant. To be in compliance with State and Federal Regulations each parry involved must adhere to the attached Addendum which lists the terms and conditions and roles and responsibilities. Agency/Worksite Employers signature attests that you have received, read and agree to the Addendum to the Worksite Agreement (Worksite Employer, Texas Workforce Center of Southeast Texas and American Personnel &Temps Roles and Responsibilities). IN WITNESS THEREOF, the parties hereto having been duly authorized and representing that they have the power and authority to execute this Agreement and perform the responsibilities specified herein have made and executed this Agreement on the respective dates under each signature. Worksite Employer Name TEXAS WORKFORCE CENTER OF SOUTHEAST TEXAS J r;� / nz J9 Signature Authority Signature Authority f�l Typed Name Typed Na NBC aQ P J)1 ATO Typed Title Typed Title Date Date NEG ooi-i 2 Signed Copy for Worksite Employer Revised: o8/o6(Green) Signed Copy for Workforce Center Addendum to Temporary Jobs for Disaster Relief Worksite Agreement NATIONAL EMERGENCY GRANT (NEG) Program Overview Program Overview: This NEG program shall consist of temporary work, wherein the participant referred by Workforce Centers of Southeast Texas to the Worksite Employer is given job functions to perform under the guidance and supervision of the Worksite Employer in accordance with the job description attached hereto. It is understood by Workforce Centers of Southeast Texas and the Worksite Employer that no legal employer-employee relationship is created or exists between the Worksite Employer and the participant. In agreeing to provide direction and supervision of the participant, the Worksite Employer understands that this does not make Workforce Centers of Southeast Texas or its designee liable to the Worksite Employer or any third party by reason of any future act or failure to act by any participant on or off the job. Limitations on partic pation � ksxt� �a area n , AgpeemenfFa � cie, y �csit ltti �o' �,. � . Csongress c nal a�ctt%rii ias �x dntled tli "� e c © , WE" pa t�eipanfs toe egtTeaot tde1�Gp t�apn# rs t? _, ?� grant mistncl n, aterttfiait,Nf"" .,.. o These lxmittatxs arRt� z�dul cud unrP �f� E�.pla�r o��ec�ird Futhr, Workstez Employer must''er5trr that TFGgatrtsp � pEevaihig rats of pater inddafs empl'i� eclu?sttlr 006 G, ... Ina°atlkc�tttrrz, �Vxlcseznploe mustotfCf4ctr s" erp�atlt s#vales, rtefip;3�, or statusxtxt striii es fr s �� b�'��tII�1i�rltE`.1� Temporary emloyrnen uudethe NGrcons�cleed ergloyniantrscgc��xtg wages fot7nmploent Tnsurance,( T1);orDisasternmppyf antSssitac (# Ac b1ts Recruitment and Selection Recruitment and eligibility determinations will be the responsibility of Workforce Centers of Southeast Texas. Individuals determined to be eligible for this program will be referred to the Worksite by Workforce Centers of Southeast Texas. Hold Harmless Without waiving its sovereign immunity, and if and to the extent allowed by law, each party shall indemnify and hold harmless each other,its officers, officials, and employees from and against all claims and liabilities of any nature or kind, including costs and expenses for or on account of any claims, damages, losses, or expenses of any character whatsoever resulting in whole or in part from the negligent performance or omission of either parry's employees or representatives connected with the activities described herein. Changes to the Agreement There shall be no modification or amendment of this Agreement, except in writing,executed with the same formalities as this instrument. Requests for interpretations of the Agreement provisions shall be directed to the Workforce Centers of Southeast Texas and must be in writing. No interpretations shall be official or binding upon the Worksite Employer unless it is received in written form. Form:NEG 001-a-2 Addendum(Green) 1 Original-Employer SETWDB Copy-WFC 10/05 (Revised 08/06) Termination This Agreement may be terminated as follows: A. Workforce Centers of Southeast Texas or the Worksite Employer may terminate the Agreement for convenience upon ten-(10)calendar day prior written notice to the other party. B. Workforce Centers of Southeast Texas may terminate this Agreement in whole or in part at any time that the Workforce Center of Southeast Texas Director, in his or her sole judgment, determines that: 1) The Worksite Employer has failed to comply with any of the provisions contained in this Agreement or any Amendment hereto; 2) the Worksite Employer fails to perform in whole or in part under this Agreement or fails to take corrective action after receiving oral or written requests to do so within an appropriate time period as may be stipulated by Workforce Centers of Southeast Texas; or 3) The United States Department of Labor or State of Texas fails to provide adequate funds, reduces, eliminates or otherwise terminates the program under which this Agreement is written. Notice Other than as provided herein, notice shall be required to be given to Workforce Centers of Southeast Texas under this Agreement, and shall be sufficient when hand delivered or mailed to the Workforce Center of Southeast Texas at its office at 304 Pearl Street,Beaumont,Texas 77703. All notices required to be given to the Worksite Employer under this Agreement shall be sufficient when hand delivered or mailed to the Worksite Employer at its office located at the address identified in paragraph one,page one of the Agreement. Controlling Laws This agreement and the provisions contained herein shall be construed, controlled and interpreted according to the laws of the State of Texas. Involved Entities A. Workforce Centers of Southeast Texas(Beaumont,Port Arthur, Orange and Silsbee Sites) B. Employers C. Employees D. Employer of Record Responsibilities of the Workforce Centers of Southeast Texas Accepts and agrees that it shall: A. Assist the job site supervisor in resolving any problems concerning the participants' performance on the job by responding to the Worksite Employer's notice. B. Hear all grievances concerning program participant's performance at the job site. C. Provide counseling and supportive services to participants as the need is identified. Monitoring The Worksite Employer shall allow Workforce Centers of Southeast Texas, the Governor of the State of Texas,or any of its agents and/or subcontractors,and the US Department of Labor(DOL) to visit the Worksite Employer's work sites, monitor the program, report problems, require corrective action within specified time periods or remove participants from work sites without prior notice other than a written notification to be delivered to the Worksite Employer at the time of the removal. This action may be taken when Workforce Centers of Southeast Texas, the Governor of the State of Texas, or DOL finds serious or continual violations of rules or laws, where violations are not being remedied, or where Workforce Centers, the Governor of the State of Texas or DOL find noncompliance on any of the terms or conditions under this Agreement. Form:NEG 001-a-2 Addendum(Green) 2 Original-Employer SETWDB Copy-WFC 10105 (Revised 08/06) Responsibilities of the Employers The Worksite Employer accepts and agrees that it shall: A. Direct and supervise participants work activities in accordance with their job description(s), which is hereby incorporated by reference and made a part of this Agreement. B. Assure that it will have supervisory personnel who will act as work site supervisors for each of the Worksite Employer's work sites so as to provide for continuous on-site supervision of participants. C. Assign worthwhile and meaningful work to participants during the entire time they are at the worksite. D. Require participants' conformance with the Worksite Employer's Personnel Rules of Conduct. E. Orient and train their work site Supervisory personnel including any alternate staff directly responsible for the supervision of participants as to the Worksite Employer's responsibilities and obligations under this Agreement. F. Notify Workforce Centers of Southeast Texas immediately of any temporary and/or ongoing changes in the designation of personnel who will be supervising the participant(s). G. Be accountable for maintaining participant time sheets by keeping accurate work time attendance rosters, supervising the proper completion and signing of time sheets by each participant, certifying and signing participant time sheets if all the prior requirements are met, and submitting these timesheets to the Workforce Center representative as instructed. H. Ensure that all sites where participants will be assigned are sanitary and safe environments in accordance with health and safety standards established by State and Federal law. I. Ensure that all required safety supplies and equipment are used in the proper manner for the intended use. J. Conform to normal routines and functions befitting a reasonable business establishment, including, but not limited to, appropriate supervision on the premises at all times, displaying positive work habits, maintaining safe working conditions, and appropriate attire. K. Have an inclement weather plan for any approved positions that are required to work out of doors to ensure that alternative tasks can be performed inside during inclement weather. L. Inform Workforce Centers of Southeast Texas and Employer of Record immediately should an accident or injuries occur at the job site affecting or involving a participant and require the participant to complete a first report of injury form. M. Notify Workforce Centers of Southeast Texas by telephone of any problem or concern regarding a participant's performance at a work site as soon as possible, but at least within 24 hours of when the problem is identified. N. Not discriminate against any participant or potential participant because of race, color, religion,sex,national origin or disability. O. Ensure that participants receive fair and impartial treatment and that participants shall not be subjected to harassment of any type or form. P. Ensure that the following general conditions for temporary jobs shall be complied with: 1) Participants shall receive comparable working conditions and non-payroll benefits such as rest breaks, etc. as other employees; 2) There shall be no displacement of regular employees nor replacement of laid-off workers by the temporary job participant(s); and 3) There shall be no infringement of promotional opportunities for regular employees. Q. Not subcontract, assign or transfer any rights or responsibilities under this agreement or any portion thereof without the prior written approval of Workforce Centers of Southeast Texas. Form:NEG 001-a-2 Addendum(Green) 3 Original-Employer SETWDB Copy-WFC 10105(Revised 08/06) R. Implement administrative controls to ensure that costs for wages and other costs that the Workforce Centers of Southeast Texas is responsible for paying are not being paid by other federal, state, or local programs to eliminate the possibility of a duplication of funding. S. Maintain all records and files pertaining to the operation of this Agreement and any amendment hereto for three (3) years following expiration of this Agreement. Records and files shall include, but not be limited to, time and attendance sheets, supervisor assignments,this Agreement,etc. T. Immediately advise Workforce Centers of Southeast Texas in writing of any actions, suits, claims or grievances filed against the Worksite Employer,Workforce Centers of Southeast Texas, State of Texas, federal officials or participants that in any way relates to this Agreement. U. Worksite Employer must determine and ensure that all temporary workers at all worksites are only performing disaster-related work activities. The Worksite Employer shall notify Workforce Centers of Southeast Texas of any changes to the required work hours,job description, and/or if the disaster recovery work has been completed and the job needs to be ended. V. Prohibited Activities Sectarian Activities: The Worksite Employer assures that participants will not be employed in building, operating, or maintaining any part of any building, which is used for religious instruction or worship. Collective Bargaining and Union Activities: The Worksite Employer assures that this agreement will not impair existing contracts for services or collective bargaining agreement between the Worksite Employer and other parties, nor will this agreement assist,promote or deter union organization. Lobbying And Political Activities: The Worksite Employer assures that this agreement will not assist with political or lobbying activities or the cost of any salaries or expenses related to any activity designed to influence legislation or appropriation pending before the Congress of the United States. Relocation: Neither the execution nor performance of the Agreement will assist in,support or otherwise contribute to the relocation of the Worksite Employer's business. Form:NEG 0014-2 Addendum(Green) 4 Original-Employer SETWDB Copy-WFC 10105 (Revised 08/06) E IN~ N, City of Beaumont 'M : . . EL Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: October 10, 2006 AGENDA MEMO DATE: September 21, 2006 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of property for the Phelan Boulevard Widening Project. RECOMMENDATION The owner of the property listed below has agreed to convey their property for the Phelan Boulevard Widening Project. The property is being conveyed in exchange for work being performed by the City [as P Agreement]: per an Interlocal A reement : Tract 1: 2.436 acres out of the A. Houston League, Abstract 33 (Phelan Boulevard near Keith Road) Owner: Jefferson County Drainage District No. 6 Administration recommends authorization to acquire the property described above. BACKGROUND None. BUDGETARY IMPACT This project is funded under the Capital Improvement Program. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director. -vhdan_dd&ib 21 Septembar2006 *Fittz & Shipman INC Consulting Engineers and Land Surveyors EXHIBIT "A",PAGE'1 OF 3 FIELD NOTE DESCRIPTION FOR A 2.436 ACRE TRACT OUT OF THE A..HOUSTON LEAGUE, ABSTRACT 33 JEFFERSON COUNTY, TEXAS SEPTEMBER 6,2005 TRACT 1 That certain 2.436 acre tract out of the A. Houston League, Abstract 33, Jefferson County, Texas, being oat of a called 56.974 acre tract conveyed Jefferson County Drainage District No. 6 as recorded in Clerks File 2002013054 of the Official Public Records of Real Property of Jefferson County, Texas and a called 209.07 acre tract conveyed to Jefferson County Drainage District No. 6 as recorded in Film Code 103-06-2383 and Film Code 103-06-2396 of the Real Property Records of Jefferson County,..Texas, said 2.436 acres being more particularly described by metes and bounds as follows: Note: Bearings are referenced to the NAD83 Texas State Plane Coordinate System, South Central Zone#4204. BEGINNING at a DD#6 monument found in the north right-of-way line of Phelan Boulevard for the southwest corner of a called 1.108 acre tract conveyed to the City of Beaumont as recorded in Clerks File No. 2002028683 of the Official Public Records of Real. Property of Jefferson County, Texas and the southeast comer of the said 56.974 and 2.436 acre tracts; THENCE South 87°10'40"West along the said north right-of-way line of Phelan Boulevard and the south line of the said 56.974 acre tract a distance of 1311.20 feet (called North 89 055'24" West 1311.58 feet) to a %2' iron rod found for the southwest comer of the said 56.974 acre tract and the southeast corner of the said 209.07 acre tract and an angle point of the said 2.436 acre tract; THENCE South 87 013'14"West continuing along.the said north right-of-way line of Phelan Boulevard and the south line of the"said 209.07 acre tract a distance of 2225.53 feet(called North 89°5324"West 2225.18 feet) to a 5/8" iron rod found for the southeast comer of a called 5 acre tract conveyed to Neches Canal Company as recorded in Volume 202, Page 149 of the Deed Records of Jefferson County, Texas and the southwest corner of the said 209.07 and 2.436 acre tracts; THENCE North 03°14'14"West along the east line of the said 5 acre tract and a west line of the said 209:07 acre tract a distance of 30.00 feet (called North 00 018'45"West)to a Y2'. capped iron rod set for-the northwest corner of the said 2.436 acre tract; Fittz&Shipman,Inc- Project No. 04600TR1 Plat&Description EXIT "A",PAGE 2 OF 3 THENCE North 87 013'14" East a distance of 2225.87 feet to a '/2' capped iron rod set in the east line of the said 209.07 acre tract and the west line of the said 56.974 acre tract for an angle ' point; THENCE North,87°10'40" East a distance of 1311.08 feet to a DD#6 monument found in the east line of the said 56.974 acre tract for the northwest corner of the said 1.108 acre tract and the northeast comer of the said 2.436 acre tract; THENCE South 02°49'20" East along the east line of the said 56.974 acre tract and the west line of the said.1.108 acre tract a distance of 30.00 feet(called South 00°17'06"West) to the POINT OF BEGINNING and containing 2.436 acres of land, more or less. This Field Note Description is based on a survey performed by Fittz &Shipman, Inc. on September 2005 and March 2006. iWalter J. Ksiazek S�P�G10*,0-eq� Registered Professional Land Surve or No. 5321 * :4� �F©.,p� WALTER J. KSIA EK •-off 5321 � •»'��SS1a 'Q Fitz&Shipman,Inc Project No. 04600TRI Plat&Description CITY OF BEAUMONT CLERKS 4E NO. 2002028683, O.P.R.R.P.J.C. (CALLED 1.108 ACRES) BEAUMONT ORANGE & FIG SUBDIVISION POINT OF TRACT 2 BEGINNING _ VOL. 1, Pc. 57-56, M.R.J.c. TRACT 2 0.3213 ACRE FOUND 5/8" PROPOSED 30' 8 9 10 11 12 1 13 14 1 S — — _ — _ _ IRON ROD RIGHT-OF-WAY POINT OF 21 BEGINNING 18 19 20 22 23 24 25 C LLE S 46 .70) DD#6 ACT 1 - r A n S 8 'i '1 W 66.70 MONUMENT FOUND ENT P B U�•r' ARD FOUND /2' MONUMENT CA LED N 89'S 24" W 1 1.58 IRON ROP CALLED S 89'47'07" E 1040.00 ( ) (CA LED N 89'53' 2" W 2225.18 , __J"87 0 E"131Tb8 N 87'13'14" E 2225.87 — — N 872013 E 1039.93 SET t N 8713'14" E N 02'46'46" W 30.00 DD#6 N 02'35'16" W 30.00 LAPP N 03'14'14" W 30.00 566.66 (CALLED N 00'18'45" 0. MONUMENT (CALLED N 00'17'24" E) IRON D TRACT 1 CITY OF BEAUMONT 2.436 ACRES (CALLED N 00'18'45" W) SET ED CLERKS FILE NO. 2002027331, O.P.R.R.P.J.C. 5 O2"49'20" E 30.00 NECHES CANAL CO CAPPED M (CALLED 1.194 ACRES) (CALLED S 00'17'06" W) I PROPOSED 30' VOL. 202, PG. 149, IRON RODS RIGHT-OF-WAY S CAP PED D.R.J.C. 5 ACRES 0 _ IRON ROD o SOUTH PARK I.S.D. N 0314'14" W 436.30 M VOL. 1492, PG. 5, D.R.J.C. (CALLED N 00'18'45" W) FOUND 5/8" ci (CALLED 100.00 ACRES) IRON ROD JEFFERSON COUNTY DRAINAGE n- W DISTRICT NO. 6 .6 CLERKS FILE N0. 2002013054, O.P.R.R.P.J.C. - Q (CALLED 56.974 ACRES) m a o MILDRED YOUNT MANION II. ct VOL. 1672, PG. 352, D.R.J.0 JEFFERSON COUNTY DRAINAGE :1 EDWARD D. MANION, JR. eQ DISTRICT NO. 6 < VOL. 1702, PG. 331, D.R.J.C. SURVEYOR'S CERTIFICATION: FILM CODE 103-06-2383, R.P.R.J.C. v GEORGE P. MORRILL, TRUSTEE I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, FILM CODE 103-06-2396, R.P.R.J.C. d VOL. 1974, PG. 92, D.R.J:c. THAT THIS IS AN ACCURATE PLAT OF A SURVEY AND DESCRIPTION (CALLED 209.07 ACRES) j (CORRECTION DEED m MADE ON THE GROUND UNDER MY SUPERVISION AS OF SEPTEMBER �OF r z VOL. 2186, PG. 140, D.R.J.C.) 2005 AND MARCH 2006. p,'(• •••�x -' •9 W 0 25®0 500 ;`;•(1�cG1*RFp•�'* S C A L E $Q WALTER J. KSIAZEK WALTER J. KSIAZEK •"p 5321 e� REGISTERED PROFESSIONAL LAND RVEYOR NO. 321 9O•�$C1O?PQ NOTE: THIS SURVEY WAS COMPLETEb WITHOUT NOTES: q�OSURVE�O NOT BENEFIT OF A TI LE COMMITMENT-WHETHER OF (1) IN ACCORDANCE WITH THE FLOOD INSURANCE RATE MAP, ?'� RECORD OR NOT, WERE RESEARCHED AT FEDERAL EMERGENCY MANAGEMENT AGENCY, COMMUNITY THE TIME OF THIS SURVEY. PANEL NO. 485457 0010 D DATED AUGUST 6, 2002 AND 0:\PROJECTS\04600\04600-000\Civil\60OPM002.dwg M., 14, 2006 02:03pm COMMUNITY PANEL NO. 480385 0165 C DATED NOVEMBER 20, 1991, THE SUBJECT PROPERTY IS LOCATED IN FLOOD ZONE X. FLOOD ZONE X IS DEFINED S AREAS DETERMINED �� ��jLI�1�[� ��p PARCEL PLAT- TRACT 1 TO BE OUTSIDE 500 YEAR FLOOD PLAIN. FITTZ & SHIPMAN, 6`z 6Y',� INC. DOES NOT WARRANT NOR SUBSCRIBE TO THE ACCURACY INC. PROJECT NAME: 30' RIGHT-OF-WAY OR SCALE OF SAID MAP. - COrt.TUI-gFpIjin--dL?;dSWVey— PHELAN BOULEVARD (2) BEARINGS ARE REFERENCED TO THE NAD83, TEXAS STATE 1405 CORNERSTONE COURT,BEAUMONT, TEXAS BEAUMONT, JEFFERSON COUNTY, TEXAS PROJECT NO. PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE #4204. (404)632-7258 FAX(409) 832-7303 - 04600 DATE:9-6-05 PLOT DATE: 3-14-06 F City of Beaumont Council Agenda Item m g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: October 10, 2006 AGENDA MEMO DATE: October 3, 2006 REQUESTED ACTION: Council approval to award a contract for roof replacement. RECOMMENDATION Administration recommends award of a job order contract to Jamail Construction for the replacement of the roof at the Tyrrell Park Stables in the amount of$47,839.51. BACKGROUND Council authorized the award of a contract for job order contracting to Jamail Construction(Jamail) on July 11, 2006 through the Texas Association of School Boards (TASB)Buyboard cooperative purchasing program. Job order contracting is a fixed-unit-price contract that provides contract management services for the repair, renovation, and alteration of facilities. A portion of the Tyrrell Park Stables was severely damaged by the hurricane and temporary roofing was installed until insurance adjusters and City staff could evaluate and agree on the required scope of work. Jamail provided a quotation based on the Buyboard contracted rates in the amount of$47,839.51. This price includes the insurance adjusters' agreed upon scope of work to replace 86 squares of roofing material. The required squares needed for total roofreplacement is 116,therefore,City funds will be needed for a portion of the roof replacement as it would not be prudent to replace 75%of the roof. The scope of work includes roof replacement, siding and electrical repairs. Work will commence within two weeks and will be completed within sixty(60) days. Jamail will provide performance and payment bonds for this project as required by State statute for projects exceeding $25,000. Tyrrell Park Stables October 3, 2006 Page 2 BUDGETARY IMPACT Funds in the amount of$41,393.41 will be available from insurance proceeds. The remaining balance of$6,446.10 will be funded from Building Services operating budget. PREVIOUS ACTION Resolution No. 06-198 passed by Council on July 11, 2006. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Director of Public Works. G ! City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager Y Y tY g PREPARED BY: Matt Martin, Liability Administrator MEETING DATE: October 10, 2006 AGENDA MEMO DATE: October 3, 2006 REQUESTED ACTION: Consider a resolution authorizing the settlement of the claim of Dontrell Holman. RECOMMENDATION Council approval of a resolution authorizing the settlement of the claim of Dontrell Holman in the amount of$20,000 BACKGROUND Council discussed this claim in an Executive Session held on September 5, 2006. BUDGETARY IMPACT There are sufficient funds in the General Liability Fund to pay the sum above. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Attorney. H City of Beaumont ~ Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Matt Martin, Liability Administrator MEETING DATE: October 10, 2006 AGENDA MEMO DATE: October 3, 2006 REQUESTED ACTION: Consider a resolution authorizing the settlement of the claim of Maceba Henry. RECOMMENDATION Council approval of a resolution authorizing the settlement of the claim of Maceba Henry in the amount of$18,000. BACKGROUND Council discussed this claim in an Executive Session held on September 5, 2006. BUDGETARYIMPACT There are sufficient funds in the General Liability Fund to pay the sum above. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Attorney. City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 10, 2006 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1, 3-7/Consent Agenda * Consent Agenda GENERAL BUSINESS • 1. Consider adopting, on a second reading, an amendment to Ordinance No. 04-068 granting an electric franchise to Entergy Gulf States, Inc 2. Consider a request for a specific use permit to allow a recreational vehicle park in an LI(Light Industrial) District at 6800 S. Major 3. Consider approving a bid for the replacement of the roof at City Hall 4. Consider authorizing the City Manager to execute a contract for the Rehabilitation of the Primary and Secondary Trickling Filters at the Sewer Treatment Plant 5. Consider approving a one (1) year contract for the purchase of sand cement 6. Consider approving a bid for one (1) sanitary sewer manhole rehabilitation trailer for use at the Water Department 7. Consider a resolution authorizing the acquisition of property at 790 Orleans Street WORKSESSION * Discuss future plans for Fair Park • 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: • The City f Beaumont vs International Association cation of Firefighters Local No. 399 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. October 10, 2006 Consider adopting, on a second reading, an amendment to Ordinanace No. 04-068 granting an electric franchise to Entergy Gulf States, Inc # Beaumont City o f U Council Agenda Item .2 c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: October 10, 2006 AGENDA MEMO DATE: October 4, 2006 REQUESTED ACTION: Council to consider adopting, on a second reading, an amendment to Ordinance No. 04-068 granting an electric franchise to Entergy Gulf States, Inc. RECOMMENDATION 0 Administration recommends approval of an ordinance amendment to Ordinance No.04-05 8 adopted on September 28, 2004 granting to Entergy Gulf States, Inc. and electric franchise which provides compensation for the use of the City's streets, alleys and rights-of-way by Entergy Gulf States,Inc. and authorizing the City Manager to execute an agreement with Entergy Gulf States,Inc.,reserving an issue as to the timing of the franchise fee payments to be resolved at the end of the franchise agreement in 2017. BACKGROUND The City of Beaumont and Entergy Gulf States,Inc. entered into an electric franchise agreement on September 28 2004 which provided for the accelerated ed expiration of the then existing franchise ordinance and granted a new franchise which included a different method of compensation to the City. This new agreement became effective February 1, 2006. The old agreement provided for payment of base franchise fees on a percentage of gross receipts basis. The new franchise allows for compensation based upon a calculation using a per kilowatt hour unit rate multiplied by the number of kilowatt hours delivered to retail customers within the City of Beaumont. These payments historically have been made on the first day of August of each year for the twelve-month period prior to the payment. Because of the acceleration of the termination of the existing agreement and the implementation of the new agreement there was a period of transition which has caused an issue between the City and the Company as to the timing of these payments. The issue is whether the August payments were a prepayment in advance,which is the position of the Company,or a payment in"arrears" for the preceding twelve-month period before the August payment. The problem with 0 TO: Kyle Hayes MEETING DATE: October 10, 2006 SUB: Amendment to Ordinance No. 04-068 MEMO DATE: October 4, 2006 Page 2/2 the Company's position is that the City does not receive an annual payment for August,2006. This translates into an estimated loss in revenue in excess of Three-Million($3,000,000)Dollars. After several discussions and meetings, the parties have agreed to resolve the issue with the Company continuing to make the annual payment on August 1 of each year beginning August, 2006; and reserving the issue as to whether the payment is a prepayment or payment in arrears until the year 2017, which is before the end of the term of the contract in 2018. This reservation would take the form of a letter agreement between the parties executed by the City Manager as authorized by the City Council. BUDGETARYIMPACT This amendment resolving the franchise annual payment issue should result in a payment in excess of Three-Million ($3,000,000) Dollars within twenty days of the acceptance of the agreement by Entergy Gulf States, Inc. PREVIOUS ACTION Ordinance No. 04-068 dated September 28,2004;first reading of amendment, September 19,2006, prior to final passage. SUBSEQUENT ACTION RECOMMENDED BY City Manager and City Attorney. ORDINANCE NO. 06-058 ENTITLED AN ORDINANCE AMENDING FRANCHISE NUMBER 04-068 GRANTED ENTERGY GULF STATES, INC.; PROVIDING FOR AN ANNUAL PAYMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT RESERVING UNTIL THE YEAR 2017 THE RESOLUTION OF PAYMENT TIMING ISSUE; PROVIDING AN EFFECTIVE DATE UPON ACCEPTANCE IN WRITING BY ENTERGY .GULF STATES, INC. WHEREAS, by Ordinance Number 04-068 adopted on the third and final reading on September 28, 2004 by the City of Beaumont("City"),wherein Entergy Gulf States, Inc. ("EGSI"or"Company")was granted a franchise ("Franchise"), subsequently accepted by EGSI on January 30, 2006 and made effective on February 1, 2006, to conduct within the City an electrical power business and to use the streets, alleys and public ways of the City for the purpose of conducting such business; and, WHEREAS City and Company desire to amend the Franchise b changing the Y p Y Y 9 9 payments terms: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: SECTION 1. That Section 10 of the Franchise is hereby amended to read as follows: Section 10 The design and purpose of this franchise fee compensation clause is to establish an administratively simple uniform method of compensating the City for the use of the public right-of-way that: (1) is consistent with state law; (2) is consistent with the opening i of the markets for competition; (3) is competitively neutral and nondiscriminatory; (4) is consistent with the burdens placed on the City created by EGSI's use of the right-of-way; (5) provides fair and reasonable compensation for the use of the public right-of-way; and (6) provides a mechanism by which EGSI will remain financially whole with respect to any increases in franchise payments resulting from the implementation of this Franchise over and above the franchise fees calculated under the previous franchise agreement, as modified by Section 33.008 of the PURA,togetherwith all associated costs and expenses, includin g g ross receipts taxes. (Hereinafter, such incremental franchi se fees and associated costs and expenses, including gross receipts taxes are referred to as "incremental amounts"). (a) Inconsideration of the right granted by the City to EGSI to use and occupy the Public Ways in the City for the conduct of its business under this agreement, the Company agrees to pay to the City franchise fees in the amount and manner described herein. Subject to any reduction in payments as provided in this section, EGSI shall pay on August 1 of each year an amount equal to a $0.0021524 charge per kilowatt hour("kWh") multiplied times the number of kilowatt hours delivered by EGSI to each retail customer whose consuming facility's point of delivery was located within the City's boundaries during the twelve month period from July 1 to June 30 preceding the August payment. It is agreed that the payment to be paid on August 1, 2006 will be paid within twenty (20) days of this Agreement being accepted by EGSI. (b) In addition to the payments set out in Subsection 10(a), and subject to the provisions of Subsection 10(g), EGSI shall pay on or before the 15'h day of May,August, November and February an amount equal to a $0.0010137 charge per kilowatt hour multiplied times the number of kilowatt hours delivered by EGSI during the preceding calendar quarter ending March, June, September, and December, to each retail customer whose consuming facility's point of delivery was located within the City's boundaries. The first quarterly payment due under this subsection will be due on November 15, 2006 for the preceding quarter ending September 30.' (c) An underlying premise of this Franchise agreement and the ordinance implementing it is that the Company shall be kept financially whole with respect to any and all incremental amounts, as defined above in this Section 10. L EGSI shall collect such incremental amounts through 1) a corresponding surcharge designed to collect the incremental increases in franchise fees calculated pursuant to the rate set forth in Subsection 10(b) including any increase due to the escalator provided for in Subsection 10(I), over and above the franchise fees calculated under the previous franchise agreement, as modified by Section Prior to the passage of this Amendment, EGSI paid the incremental payments owed for February 2006 through June 2006. 33.008 of the PURA, along with all applicable taxes, including gross receipts taxes("corresponding surcharge"), which surcharge shall be approved by the Public Utility Commission of Texas ("PUCT"or"Commission"), and 2) a direct payment from the City to EGSI or a reduction in franchise payments to City, as set forth below. ii. This section is intentionally left blank in that at the time of this Amendment the Franchise and uarterl payments q Yp Y had already become effective. iii. In the event the Company does not collect in the corresponding surcharge all incremental amounts associated with the three-month periods corresponding with the quarterly due dates as set out in Subsection 10(b), the Company is authorized to collect such amounts not collected in the surcharge ("uncollected difference") through either direct payment by City or a reduction of franchise payments to City as provided in this Subsection. Priorto EGSI's reduction in franchise payments, EGSI shall provide the City 30 days for a one-time opportunity to make a direct payment to EGSI of any uncollected difference, such 30 days to run from City's receipt of Company's written notice, which shall identify the uncollected difference, the time period over which the uncollected difference accrued and a detailed explanation of the calculations. Subsequent to said 30 day period, and in the absence of timely direct payment by the City of the entirety of the uncollected difference, EGSI is authorized to reduce any future franchise payment(s) in an amount equal to any unpaid uncollected difference not paid bythe City. EGSI is authorized to implement the procedures set forth in this Subsection periodically as EGSI, in its sole discretion, determines is necessary to recover any ongoing uncollected difference. iv. With respect to the preparation for, or implementation of, retail open access in EGSI's Texas service territory, City agrees to authorize and support the approval and implementation of a monthly surcharge for both Entergy's affiliate distribution company in Texas ("DISCO") and Entergy's affiliate retail electric provider in Texas ("REP") that provides for the collection and recovery of the same amounts as are recovered through the corresponding surcharge described in Subsection 10(c). The monthly surcharge described in this subsection shall be in addition to the base rates otherwise established for DISCO or the Price to Beat rates otherwise established for the REP. v. The corresponding surcharge described in this Subsection 10(c)shall appear as a line item on EGSI's retail electric bill and identified as a "Municipal Franchise Fee." (d) In addition to the provisions of Subsection 10(c), EGSI is authorized to reduce the quarterly franchise payments by$150.00. Further, the City shall have until the latter of December 31, 2004 or 90 days after the effective date of this Franchise agreement to pay to EGSI an amount of$24,400.00 forthe cost of implementing the provisions of this Franchise agreement ("implementation costs"). In the event payment in full is not timely made, the Company is authorized to reduce subsequent franchise payments in an amount necessary to recover the entirety of the implementation costs. (e) The City shall bear the costs and expenses of all claims, challenges, and lawsuits, of either the City or EGSI, regarding the validity of the new Franchise agreement or the corresponding surcharge, regardless if such claim or challenge is brought before a regulatory authority or in a federal or state court of law, including payment of attorneys fees and costs associated with the defense to EGSI or affiliates of EGSI for any legal or regulatory challenge to the new Franchise agreement or corresponding surcharge, at the time such claim or challenge is made. The costs and expenses referred to in this Subsection include, but are not limited to: i. costs and expenses of the City, related to obtaining the corresponding surcharge; and/or ii. costs and expenses of or to EGSI, whether such costs and expenses are associated with EGSI's employees or consultants and/or attorneys retained by EGSI in the defense of such claims, challenges and lawsuits. (f) Such costs and expenses of or to EGSI, as are enumerated in Subsection 10(e) above, including carrying costs, shall be . recovered from the City pursuant to direct payment or a reduction of franchise payments as provided in this Subsection. Prior to EGSI's reduction in franchise payments, EGSI shall provide the City 30 days for a one-time opportunity to make a direct payment to EGSI of any such costs or expenses, such 30 days to run from City's receipt of Company's written notice, which written notice shall identify any such costs and expenses. Subsequent to said 30 day period, and in the absence of timely direct payment by the City of the entirety of such costs and expenses, EGSI is authorized to reduce any future franchise payment(s) in an amount equal to any unpaid portion of such costs and expenses identified. At its sole discretion, EGSI may recover all costs or expenses identified in any notice in a one-time reduction to a future franchise payment. EGSI is authorized to pursue the procedure(s) set forth in this Subsection periodically as determined by EGSI, in its sole discretion, to be required for the recovery any ongoing expenditure of such costs and expenses. (g) Upon the occurrence of any of the following events, the franchise fee rate and quarterly payments provided for in Subsection 10(b) shall no longer be applicable or effective for the purpose of calculating the franchise payment: i. the recovery of the incremental amounts through a corresponding surcharge ceases, such as (but not exclusively) through the PUCT's determination that the incremental amounts shall be recovered through the Company's base rates rather than through the corresponding surcharge; ii. the PUCT or a court of competent jurisdiction 1) finds the corresponding surcharge unlawful or otherwise prohibits the surcharge recovery of the incremental amounts; 2) finds that the franchise fees calculated under this Section 10, or the amounts collected through the,corresponding surcharge orthrough a reduction in franchise payments, as provided herein, may not be recovered by EGSI from its customers; or 3) in some manner prevents or prohibits EGSI from recovering said incremental amounts; and, iii. with respect to the preparation for, or implementation of, retail open access in EGSI's Texas service territory, EGSI or Entergy's affiliate distribution company in Texas ("DISCO") or Entergy's affiliate retail electric provider in Texas ("REP"), at any time, is not permitted to implement the monthly surcharge described in Subsection 10(c)(iv). Upon the occurrence of any of the events enumerated in Subsections 10(g) i, ii, or iii, the franchise rate effective immediately priorto the effective date of this Franchise agreement (which rate is reflected in Subsection 10(a)) shall be applicable and effective for the purpose of calculating the franchise payment under this Franchise agreement. Further, in the event the PUCT or a court of competent jurisdiction finds a portion of the corresponding surcharge unlawful or otherwise prohibits a portion of the surcharge recovery of the incremental amounts, the franchise rate and quarterly payments provided for under Subsection 10(b) shall be amended and adjusted such that the franchise payment made by the Company to the City is no greater than the amounts the company is authorized to collect through its base rates and the corresponding surcharge. Nothing in the 0 immediately preceding sentence permits the realignment of the i recovery of any portion of the incremental amounts from the corresponding surcharge to the Company's base rates, prohibited by Subsection 10(g)i. (h) If the PUCT or a court of competent jurisdiction orders EGSI to refund to customers any amounts for the franchise fees or any associated costs or expenses, including taxes, collected pursuant to this Franchise agreement, such amounts refunded shall be recovered from the City pursuant to a direct payment or a reduction of franchise payments, under the procedure set forth in Subsection 10(c)iii above. (i) Entergy Gulf States, Inc. Franchise Fee Recovery Tariff (Corresponding Surcharge) i. City agrees that (a) it will adopt and approve the corresponding surcharge approved by the PUCT and accepted by EGSI as provided herein and, if required, amend accordingly the Municipal Franchise Surcharge attached to the implementing ordinance; (b) if City intervenes in any regulatory proceeding before a federal or state agency in which the recovery of EGSI's franchise fees is an issue, the City will take an affirmative position supporting 100% recovery of franchise fees by EGSI in the manner consistent with this agreement; (c) in the event of an appeal of any such regulatory proceeding in which the City has intervened,the City will take an affirmative position in any such appeals in support of the 100% recovery of such franchise fees by EGSI in the manner consistent with this agreement; and (d) subsequent to this agreement becoming effective, EGSI may take whatever action with, and seek whatever approval from,the PUCT, that it deems appropriate to continue to achieve full recovery of any incremental amounts under this agreement. ii. City agrees that it will take no action, nor cause any other person or entity to take any action, to prohibit the recovery of such incremental amounts by EGSI. iii. Neither the adoption of this Franchise, the accompanying ordinance, nor the corresponding tariff shall be used by either the City or the Company, in any proceeding before a regulatory authority or state or federal court of law, as precedent for a reduction in the Company's rates or as evidence of or support for the positions taken by the City or the Company is such matters, other than in requesting PUCT approval of the corresponding surcharge or in any direct court appeal of a PUCT order addressing the corresponding surcharge. Q) At the time of each payment, EGSI shall also submit to the City a sworn statement showing the following: (i) its kilowatt hour sales delivered to each retail customer whose consuming facility's point of delivery is located within the City's boundaries for the preceding calendar quarter upon which the franchise fee payment is calculated; (ii) a detailed listing of any claimed costs and expenses, including taxes, uncollected difference (not paid by City)and/or claimed refund items (all as referred to in this Section 10); and (iii) a detailed reconciliation of the quarterly franchise payment calculation. (k) All payments made under this Franchise shall be exclusive of and in addition to ad valorem taxes. Any and all such payments made by Company pursuant to this Section 10 shall be credited on any amount imposed, levied or assessed against Company by the City of Beaumont, pursuant to ordinance or otherwise, at any time as a charge (whether designated as rental, tax or otherwise) for the use by Company of City's streets, alleys and public ways. (1) Upon approval by the PUCT as provided herein, and beginning on the first anniversary of the effective date of this agreement and annually thereafter, EGSI shall annually adjust the total unit per kWh franchise fee rate, set forth in Subsection 10(b), by an amount to be designated in writing by the City based on one-half the annual increase, if any, in the consumer price index as calculated in accordance with the Local Government Code §283.055(8). The adjustment provided for in this Subsection shall • SECTION 4. This agreement shall become effective upon EGSI's acceptance, in writing (in the form provided below) of the ordinance. To the Honorable Mayor and City Council: EGSI acting by and through the undersigned authorized officer, hereby accepts in all respects,on this the day of , 2006, Ordinance No. amending Franchise Number 04-068 granted to Entergy Gulf States, Inc. and the same shall constitute and be a binding contractual obligation of EGSI and the City. Entergy Gulf States, Inc. By: Title: become effective only upon on the PUCT's approval of an equivalent PP q adjustment to the corresponding surcharge which provides forthe Company's collection through the corresponding surcharge of the increase in the franchise payment resulting from the adjustment provided in this Subsection. The approval of the PUCT referenced in the immediately preceding sentence may be obtained contemporaneously with,and contained in,a final order approving the corresponding surcharge, subject to acceptance by the Company, in its sole discretion, as provided in Section 18(a). SECTION 2. That all provisions of the Franchise,except for Section 10 as amended herein,shall remain in full force and effect and shall not be affected by the passage of this ordinance. SECTION 3. The full text of this Franchise agreement shall, after final passage by the City Council of The City of Beaumont, be published once each week for four(4) consecutive weeks in a newspaper of general circulation published in The City of Beaumont, and the expense of such publication shall be borne by Company. Passed first reading on the day of , 2006. Passed second reading on the day of , 2006. Passed third and final reading on the day of -,.2006. Passed this the day of , 2006. Approved this the day of , 2006. - Mayor Guy N. Goodson - 2 October 10, 2006 Consider a request for a specific use permit to allow a recreational vehicle park in an LI(Light Industrial)District at 6800 S. Major I,I • Clety of Beaumont A W, Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: October 10, 2006 AGENDA MEMO DATE: October 4, 2006 REQUESTED ACTION: Council consider a request for a specific use permit to allow a recreational vehicle park in an LI (Light Industrial) District at 6800 S. Major. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a recreational vehicle park in an LI(Light Industrial)District at 6800 S.Major subject to the following condition and with a modification to the screening requirement along the north,south and west property lines(no 6 tall solid permanent screening fence or wall): • The site plan be revised to meet all ordinance design requirements. BACKGROUND Thomas Taylor is requesting a specific use permit to allow a recreational vehicle park in an LI(Light Industrial) District. The property is located at 6800 S. Major Drive. The 15 acre tract of land includes a 7 acre lake and a LNVA canal right-of-way leaving approximately 7 acres that are usable for the recreational vehicle park. Three old houses that are located on the property will be removed. There will be approximately 75 RV parking spaces. Each space will be at least 30'x 65'. On each space will be a 12' x 60',or larger paved RV pad with parking for at least one car. There will be a total of 1 %Z parking spaces per site provided in the park. Mr. Taylor states that he will attempt to save as many trees as possible by adjusting the RV sites to fit among the trees. Some sites will be a"pull through"design. These sites will allow the RVer to pull into the site and leave without disconnecting a car, trailer or backing up. All sites will be provided water, sewer and 50 amp electrical service. At least 50%of the sites will have satellite or cable TV. The park will also have WiFi internet service available. There will be three one story park buildings. A small office building will be located near the park's entrance for guest check-ins. A building of approximately 1,000 sq. ft. will be centrally located to provide a laundry,restrooms, showers and a meeting/game room. A third building will be a storage garage/maintenance shop. Prior to the close of the public hearing on September 18,2006,a reply from a property owner within 200 feet of the subject property was returned objecting to the specific use permit request. This reply invoked the "20% Rule". On October 4, 2006, that property owner withdrew his opposition. Therefore, the "20% Rule"no longer applies. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held September 18,2006,the Planning Commission voted 6:0:1 to approve a specific use permit to allow a recreational vehicle park in an LI(Light Industrial)District at 6800 S. Major subject to the following condition and with a modification to the screening requirement along the north, south and west property lines (no 6'tall solid permanent screening fence or wall): • The site plan be revised to meet all ordinance design requirements. On September 26, 2006, City Council deferred this item because of the "20% Rule". SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and Planning Manager. Ft1____ x•&41-P: Request for a specific use permit to allow a recreational vehicle park in an NORTEV. EJ(Light Industrial)District. Location: 6800 S. Major .. Aft.pplicant: Thomas Taylor Sr. , SCALE N.T.S. L I 4p y . :• 1\ * 1 \ 'h , ,'•fit 1 A� t s 879.9' A=OFFICE B=RESTROOM, SHOWER, GAME ROOM L. J+A G:AAL 483' C=S Hop. IT75' 8/.9' l/0' 110.9' i �. . . /56.37 A 551.7 \ �\ .'�•\ '�• •\\ \\ •. \ � � �\ - SOOA' \� 6.9 ACRE LAKE \ \ \ \ \ \ \ �\ \ \ \\ \• , 70' \ \ \ ,\ 25' i i 65' /464.06' * Approval subject to the following condition and with a modification to the screening requirement along the north, south and west property lines(no 6'tall solid permanent POWERCON CONSTRUCTION SERVICES screening fence or wall): RV PARK — BEAUMONT TX " _ _ ROROS. S/TES, BV/LO//vG LAYOVT • The site plan be revised to meet all ordinance design requirements. .1 i ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RECREATIONAL VEHICLE PARK IN AN LI (LIGHT INDUSTRIAL) DISTRICT LOCATED AT 6800 S. MAJOR, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Thomas Taylor, Sr. to allow a recreational vehicle park in an LI (Light Industrial) District located at 6800 S. Major, being a 15.3580 acre tract or parcel of land situated in the S. Stivers League,Abstract No. 51, Jefferson County, Texas and being out of and part of the remainder of that certain called 16.71 acre tract of land as described in a "General Warranty Deed with Vendor's Lien"from Theresa Collins to Jerry M. Freeman as recorded in Film Code No. 103-97-1645, Official Public Records of Real Property, Jefferson County Texas, as described on Exhibit "A" and shown on Exhibit"B" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a recreational vehicle park in an LI (Light Industrial) District located at 6800 S. Major, being a 15.3580 acre tract or parcel of land situated in the S. Stivers League, Abstract No. 51, Jefferson County, Texas and being out of and part of the remainder of that certain called 16.71 acre tract of land as described in a "General Warranty Deed with Vendor's Lien"from Theresa Collins to Jerry M. Freeman as recorded in Film Code No. 103-97-1645 Official Public Records of Real Property, Jefferson County, Texas, as described on Exhibit "A" and shown on Exhibit "B" attached hereto and made a part hereof for all purposes, is hereby granted to Thomas Taylor, Sr., his legal representatives, successors and assigns subject to the following conditions: 0 Modification to the screening requirement along the north, south and west property lines (no 6' tall solid permanent screening fence or wall); The site plan be revised to meet all ordinance design requirements. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "C" and made a part hereof for all purposes. Section 3 Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of October, 2006. - Mayor Guy N. Goodson - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 15.3580 acre tract or parcel of land situated in the S. Stivers League,Abstract No. 51, Jefferson County,Texas and being out of and part of the remainder of that certain called 16.71 acre tract of land as described in a"General Warranty Deed with Vendor's Lien"from Theresa Collins to Jerry M. Freeman as recorded in Film Code No. 103-97-1645, Official Public Records of Real Property, Jefferson County, Texas, said 15.3580 acre tract being more particularly described as follows: NOTE: All bearings are based on the South line of the said 16.71 acre Freeman tract as NORTH 890 31'0011 WEST as recorded in the above referenced Film Code No. 103-97-1645, Official Public Records of Real Property, Jefferson County, Texas. BEGINNING at a 1"iron pipe found for the Southeast corner of the said 16.71 acre Freeman tract, said corner also being in the Northwesterly right-of-way line of the Santa Fe Railroad right-of-way and in the South line of the said S. Stivers League and in the most Southerly North line of the H.T. &B.R.R. Survey,Section No. 15,Abstract No. 145,Jefferson County, Texas and also being the Northeast comer of that certain called 50.3 acre tract of land as described in a deed to W. J. Blewett and John F. Pipkin as recorded in Volume 114, Page 178,Deed Records, Jefferson County,Texas and being in the Westerly right-of-way line of that certain called 60 foot wide road right-of-way(formerly called the Amelia-Cheek Road) as described in a deed from W. C. Tyrrell to Jefferson County as recorded in Volume 150, Page 458, Deed Records, Jefferson County, Texas; THENCE NORTH 890 31' 00'WEST, for the boundary between the tract herein described and the said 50.3 acre Blewett and Pipkin tract, the same being the South line of the said 16.71 acre Freeman tract and the South line of the said S. Stivers League and the most Southerly North line of the said H.T. & B.R.R. Survey, Section No. 15, for a distance of 1464.06 feet to a 5/8"iron rod found for the Southwest corner of the said 16.71 acre Freeman tract, said corner also being an exterior ell corner of the remainder of that certain called 430 acre tract of land as described in a"General Warranty Deed"from Jean William Allen and .William R. Penney, Jr. to the Helen Blewett Price Trust and the Eppie Blewett Quicksall Trust as recorded in Clerk's File No.2005024894,Official Public Records of Real Property, Jefferson County, Texas and said corner being the Southwest corner of the said S. Stivers League and an interior ell corner of the said H.T. &B.R.R. Survey; THENCE NORTH 000 06'00" EAST, for the boundary between the tract herein described and the said Helen Blewett Price Trust and the Eppie Blewett Quicksall Trust tract,the same being the West line of the said S. Stivers League and the most Northerly East line of the said H.T. &B.R.R. Survey, for{a distance of 551.70 feet to a 5/8 iron rod found for corner, said corner also being the Southwest corner of that certain called 2.118 acre tract of land as described in a deed from L.M. Muirhead and wife,Fannie Mae to the Lower Neches Valley Authority as recorded in Volume 1222, Page 501,Deed Records, Jefferson County,Texas; EXHIBIT "A" THENCE SOUTH 890 32' 00" EAST, for the boundary between the tract herein described and the said 2.118 acre Lower Neches Valley Authority tract,passing at a distance of 814.90 feet a 5/8" iron rod set for reference and continuing for a total distance of 879.90 feet to a point for corner, said point being the Southeast corner of the said. 2.118 acre Lower Neches Valley Authority tract and also being an exterior ell corner of that certain called 1.400 acre tract of land as described in a "Warranty Deed" from J & T Company to Keith Brandon Barnett as recorded in Clerk's File No. 2000040549, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 290 22'00"EAST,along and with the centerline of an existing irrigation canal and for the boundary between the tract herein described and the said 1.400 acre Barnett tract,for a distance of 48.90 feet to a point for corner, said corner being an interior ell corner of the said 1.400 acre Barnett tract; THENCE SOUTH 100 15'50"EAST,continuing along and with the centerline of an existing irrigation canal and for the boundary between the tract herein described and the said 1.400 acre Barnett tract,for a distance of 28.51 feet to a point for corner,said corner being the most Southerly corner of the said 1.400 acre Barnett tract and the Northwest comer of that certain 1.1553 acre tract of land as described in a"General Warranty Deed with Vendor's Lien in Favor of Third Party" from Jerry M. Freeman, et al. to Keith B. Barnett as recorded in Clerk's File No. 2001044248, Official Public Records of Real Properly, Jefferson County, Texas; THENCE SOUTH 00°00'47"EAST,continuing along and with the centerline of an existi irrigation canal and for the boundary between the tract herein described and the said 1.1553 acre Barnett tract, for a distance of 53.40 feet to a point for corner, said corner being an exterior ell comer of the said 1.1553 acre Barnett tract; THENCE SOUTH 43° 57'21" EAST, for the boundary between the tract herein described and the said 1.1553 acre Barnett tract,passing at a distance of 64.01 feet a 5/8"iron rod with a cap stamped "RPLS 3636" found for referenced and continuing for a total distance of 110.69 feet to a 5/8"iron rod with a cap stamped"RPLS 3636"found for corner, said corner being the beginning of a curve turning to the left having a radius of 75:00 feet and being subtended by chord bearing of SOUTH 84'47'59"EAST fora chord length of 98.09 feet; THENCE NORTHEASTERLY, along and with said curve and continuing for the boundary between the tract herein described and the said 1.1553 acre Barnett tract, for an arc length of 106.92 feet to a 5/8" iron rod with a cap stamped"RPLS 3636" found for corner; THENCE NORTH 540 24' 13"EAST, continuing for the boundary between the tract herein described and the said 1.1553 acre Barnett tract, for a distance of 156.37 feet to a 5/8"iron rod set for corner, said comer being the most Easterly corner of the said 1.1553 acre Barnett tract and also being in the West right-of-way line of F.M. Highway 364 (also known as Major Drive) (width varies); THENCE SOUTH 150 53' 18" EAST, along and with the West right-of--way line of F. M. Highway 364, for a distance of 3.94 feet to a Texas Department of Transportation concrete monument found for corner, said corner also being the beginning of a curve turning to the left having a radius of 1339.45 feet and being subtended by a chord bearing of SOUTH 320 55' 43" EAST for a chord length of 271.48 feet; THENCE SOUTHEASTERLY, along and with said curve and the West right-of-way line of F.M. Highway 364, for an arc length of 271.95 feet to.a 5/8" iron rod set for corner, said corner being in the East line of the remainder of the said 16.71 acre Freeman tract and the West right-of-way line of the above referenced Jefferson County 60 feet wide road right-of- way; THENCE SOUTH 270 00'30"EAST,said comerbeing in the East line of the said 16.71 acre Freeman tract and the West right-of-way line of the above referenced Jefferson County 60 feet wide road right-of-way,for a distance of 228.52 feet to the POINT OF BEGINNING and containing 15.3580 ACRES, more or less. •+ i tin • + • % IVA 879.9 A=OFFICE B=RESTROOM, SHOWER, GAME ROOM LA GAN"A L 46.9' C=SHOP 75 i 8/.9' I //0.9'. /56.37 55/.7 \� ��'�\ -'��`, •.••`�` `\� \�� ` ,\ i � �\ 500.0 \ \\ i l 85 w ., 6.9 ACRE LAKE ��\ .. � �\., � � I 6s' 1464.06 I _ F-60'� * Approval subject to the following condition and with a M modification to the screening requirement along the north, X on POWERCON CONSTRUCTION SERVICES = south and west property lines(no 6'tall solid permanent CD screening fence or wall): SU RV PARK — BEAUMONT TX J _ _ ROAO5, SITES, autLO/NG LAYOUT 0 The site plan be revised to meet all ordinance design requirements. 3 October 10, 2006 Consider approving a bid for the replacement of the roof at City Hall • U1~ City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner,Director of Public Works MEETING DATE: October 10,2006 AGENDA MEMO DATE: October 3, 2006 REQUESTED ACTION: Council approval to award a contract for roof replacement. RECOMMENDATION Administration recommends award of a bid for the replacement of the roof at City Hall to Mike Barnett Construction of Port Neches,Texas in the amount of$212,815. BACKGROUND Eight(8)bids were received on September 28,2006 for famishing all materials,labor,supervision, and equipment required for the replacement of the roof at City Hall. The roof sustained wind damage during Hurricane Rita which resulted in numerous leaks and a weakened roof surface. Neches Engineers was hired to evaluate the damage and design a new roof system. Specifications were developed by the consultant and bids were requested. A tabulation of the bids is attached. The work is expected to commence in late October and be completed in 75 days. The roof system is warranted for a period of 20 years. Mike Barnett Construction will not be subcontracting any of the work, so there will be no MBE participation on this project. BUDGETARY IMPACT Funds will be provided from insurance proceeds. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Director of Public Works. BID TABULATION: RE-ROOFING OF CITY HALL BID OPENING DATE: THURSDAY,SEPTEMBER 28,2006 @ 2:00 PM Vendor Mike Barnett Construction Brinkman Roofing Co. PRC Roofing Co. Gulf Star Roofing Amerimark Industries, Inc. City/State Port Neches,TX Houston TX Houston TX Houston,TX Houston TX Base Bid $212,815.00 $246,886.00 $268,300.00 $282,000.00 $308,079.00 Treated wood nailer $3.00/Bd. Ft. $6.50/Bd. Ft. $5.00/Bd.Ft. $4.00/Bd. Ft. $4.50/Bd.Ft. Light weight deck repair $8.00/sq.ft. $6.50/sq.ft. $5.00/sq.ft. $7.50/sq.ft. $6.50/sq.ft. Calendar days 75 90 60 60 90 Vendor Texas Liquatech Services Sea-Breeze Roofing Con-Tex Services C' /State Houston,TX Houston,TX Houston TX Base Bid $333,000.00 $344,123.00 $349,000.00 Treated wood nailer $5.00/Bd. Ft. $7.50/Bd. Ft. $8.00/Bd' Ft' Light weight deck repair $7.00/sq.ft. $4.25/sq.ft. $8.00/sq.ft. Calendar days 90 90 120 4 October 10, 2006 Consider authorizing the City Manager to execute a contract for the Rehabilitation of the Primary and Secondary Trickling Filters at the Sewer Treatment Plant City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Hani J. Tohme, Water Utilities Director MEETING DATE: October 10, 2006 AGENDA MEMO DATE: October 3, 2006 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to execute a contract for the Rehabilitation of the Primary and Secondary Trickling Filters. RECOMMENDATION Administration recommends approval of a contract with Allco, Ltd. of Beaumont, Texas in the amount of$1,496,254.00 for the Rehabilitation of the Primary and Secondary Trickling Filters. The project will remove and replace the primary and secondary truss arms, distribution tubes, center column assembly and turntables,install two new 42 inch and two new 36 inch sluice gates,repair the division boxes and replace electrical components related to the project. The MBE goal will be met through a subcontract with the certified MBE firm of Vision Equipment of Spring,Texas for a total amount of$925,000.00. This amount represents 61.8 percent ofthe total bid. BACKGROUND The primary and secondary filters were originally built in 1952. The proposed additions and modifications to the trickling filters are mandated by equipment failure,increased flows during normal operational conditions and deteriorated structures and equipment. The project will rehabilitate and replace structural components and install new equipment to meet present and future demands and State and Federal regulations. BUDGETARY IMPACT Funds for the project are available in the Capital Program. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Water Utilities Director. CITY OF BEAUMONT SCHEDULE OF MBE PARTICIPATION Allco Ltd. NAME CERTIFIED MBE CONTRACTOR ADDRESS TYPE OF WORK AGREED PRICE 17907 Moss Point Dr. Vision Equipment Spring TX 77379 Equipment $925,000.00 The undersigned will enter into a formal agreement with MBE Contractors for work listed in this schedule conditioned upon execution of a contract with the City of Beaumont. NOTE: 1. This schedule should be submitted with your bid. SIGNATURE T.W Harrison Partner TITLE s Bid Tabulation CITY OF BEAUMONT WASTEWATER TREATMENT FACILITY REHABILITATION OF THE PRIMARY&SECONDARY TRICKLING FILTERS Bid Date: THURSDAY,SEPTEMBER 13,2006 AT 2:00 PM BIDDERS Allco,Ltd. Greystar EIG,LP LEM Construction Co.,Inc. Brystar Contracting,Inc. P.O.Box 3684 3411 Richmond Avenue,Ste.700 10849 Kinghurst,Suite 150 8385 Chemical Road Beaumont,Texas 77704 Houston,Texas 77046 Houston,Texas 77099 Beaumont,Texas 77705. Iteml Description Quant Units Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price BASE BID ITEMS 1.Mobilization Costs,including payment bond,performance bond, t LS $46,1100.00 $46,000.00 $47,000.00 $47,000.00 $50,000.00 $50,000.00 $70,000.00 $70,000.00 insurance, project communications,and moving equipment to project,all in accordance with plans&specifications;NOT TO EXCEED 3%OF TOTAL PROJECT BID for, DIVISION BOX REHABILITATION 2.Sluice Cates:Furnish all labor,material and equipment to install 2 EA $25,543.50 $51,087.00 $19,100.00 $38,200.00 $35,000.00 $70,1700.00 $31,440.00 $62,880.00 2 new 36"sluice gates in the primary trickling fiher division box including removal and salvaging of the existing gates, and furnishing and installation of 2 new electric motor actuators,and appurtenances to make the installation complete,all in strict accordance with the plans and specifications for, 3:Sluice Gates:Furnish all labor,material and equipment to install 2 EA $26,865.50 $53,731.00 $19,500.00 $39,000.00 $36,000.00 $72,000.170 $38,400.00 $76,800.00 2 new 42"sluice gates in the secondary trickling filter division box including removal and salvaging of the existing gates,and furnishing and installation of 2 new electric motor actuators,and appurtenances to make the installation complete, all in strict accordance with the plans and specifications for, 4.Repair Division Boxes: Furnish all labor, material and I LS $14,242.00 $14,242.00 $31,200.00 $31,200.110 $8,000.00 $8,000.00 $48,0110.00 $48,000.00 equipment to repair the walls of the primary and secondary division boxes including saw cutting the walls, breaking out concrete,replacing concrete and disposal of debris,all in strict accordance with the lans.and s specifications for, 5.Resurfacing of the West Division Box: Furnish all labor, 55 SF $49.60 $2,728.00 $98.00 $5,390.00 $25.00 $1,375.00 $10.00 $550.00 material and.equipment to pressure wash, saw cut, clean and apply the SIKH TOP 123 PLUS mortar compound to the east wall of the west division box,all in strict accordance with plans and and specifications for, Bid Tabxls 1 of4 Rf:FIAI MARI IRR P(ll K Bid Tabulation CITY OF BEAUMONT WASTEWATER TREATMENT FACILITY REHABILITATION OF THE PRIMARY&SECONDARY TRICKLING FILTERS Bid Date: THURSDAY,SEPTEMBER 13,2006 AT 2:00 PM BIDDERS Allen,Ltd. Greystar EIG,LP LEM Construction Co.,Inc. Brystar Contracting,Inc. P.O.Box 3684 3411 Richmond Avenue,Ste.700 10849 Kinghurst,Suite 150 8385 Chemical Road Beaumont,Texas 77704 Houston,Texas 77046 Houston,Texas 77099 Beaumont,Texas 77705 Item Description Quant Units Unit Price Total Price Unit Price Total Price Unit Price I Total Price Unit Price Total Price 6.Electrical: Furnish all labor,material and equipment to install I LS $29,766.00 $29,766.00 $35,200.00 $35,200.00 $29,800.00 $29,800.00 $46,767.00 $46,767.00 disconnects,all interconnecting conduit and conductors from the existing MCC and PLC to the new actuators and connections to the existing MCC and PLC all in strict accordance with plans and specifications for, DISTRIBUTION ARM REHABILITATION T.Primary Filter Truss Arms: Furnish all labor, material and 8 EA $20,249.75 $161,998.00 $33,700.00 $269,600.00 $13,000.00 $104,000.00 $36,541.00 $292,328.00 equipment to.replace the existing structural steel truss arms, including removing,disassembling,and disposal of the existing arms; fabrication of new structural steel truss arms, surface preparation and galvanizing,hardware and installation of the new arms all in strict accordance with the plans and specifications for 8.Secondary Filter Truss Arms:Furnish all labor,material and 8 EA $20,249.75 $161,998.00 $35,200.00 $281,600.00 $13,000.00 $104,000.00 $36,541.00 $292,328.00 equipment to replace the existing structural steel truss arms, including removing,disassembling,and disposal of the existing arms; fabrication of new structural steel truss arms, surface preparation and galvanizing,hardware and installation of the new arms all in strict accordance with the plans and s cifications for, 9 rimary Filter Distribution Tube:Furnish all labor,materials 8 EA $13,496.00 $107,968.00 $15,500.00 $124,000.00 $20,000.00 $160,000.00 $32,424.00 $259,392.00 and equipment to refurbish the existing distribution tubes including removing and disassembling,removal of the spreader assemblies, pressure washing, point repairing, striping and regalvanizing,new gaskets,stainless.steet guy cables,hardware, reassembly and installation on the new truss arms all in strict accordance with the plans and specifications for, Bid Tab.xls 2 of 4 Sf:HAI IMP!IPf'.Pf8 K — IN Bid Tabulation CITY OF BEAUMONT WASTEWATER TREATMENT FACILITY REHABILITATION OF THE PRIMARY&SECONDARY TRICKLING FILTERS Bid Date: THURSDAY,SEPTEMBER 13,2006 AT 2:00 PM BIDDERS Allco,Ltd. Greystar EIG,LP LEM Construction Co.,Inc. Brystar Contracting,Inc. P.O.Box 3684 3411 Richmond Avenue,Ste.700 10849 Kinghurs4 Suite 150 8385 Chemical Road Beaumont,Texas 77704 Houston,Texas 77046 Houston,Texas 77099 Beaumont,Texas 77705 Item Description Quant Units Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 10.Secondary Filter Distribution Tube: Furnish all labor, 8 EA $17,068.00 $136,544.00 $15,600.00 $124,800.00 $22,000.00 $176,000.00 $32,424.00 $259,392.00 materials and equipment to refurbish the existing distribution tubes including removing and disassembling, removal of the spreader assemblies,pressure washing,point repairing,striping and regalvanizing, new gaskets, stainless steel guy cables, hardware,reassembly and installation on the new truss arms all in strict accordance with the plans and specifications.for, 11.Primary.Center Column Assembly&Turntable:Furnish all 2 EA $179,000.00 $358,000.00 $160,000.00 $320,000.00 $229,000.00 $458,000.00 $297,375.00 $594,750.00 labor, material and equipment to install new center column assemblies and turntables (as manufactured by Envirodyne Systems,Inc.),including removing and disposing of the existing assembly and turntable ,.famishing the new center column assembly and turntable,and installing the new assembly in the trickling filter structure,all in strict accordance with the plans ands ecifications for, 12.SecondartCenter Column Assembly&Turntable: Furnish 2 EA $179,000.00 $358,000.00 $185,000.00 $370,000.00 - $237,000.00 $474,000.00 $321,375.00 $642,750.00 all labor,material and equipment to install new center column assemblies and turntables (as manufactured by Envirodyne Systems,Inc.),including removing and disposing of the existing assembly and turntable , furnishing the new center column assembly and turntable,and installing the new assembly in the trickling filter structure,all in strict accordance with the plans and.snecificaflong for- 13:Site Restoration:Furnish all labor, materials and equipment l LS $4,192.00 $4,192.00 $9,800.00 $9,800.00 $25,000.00 $25,000.00 $4,000.00 $4,000,00 needed for site restoration including,site grading,sodding and fertilizing;all in accordance with plans and specifications for, 14.Allowaricef... r.' or repairofexistingfilterdistributiontubasas l LS $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 directed by the engineer,for, e Bid Tab.xls 3 of4 SCHAUMBURG POLK,w Bid Tabulation CITY OF BEAUMONT WASTEWATER TREATMENT FACILITY REHABILITATION OF THE PRIMARY&SECONDARY TRICKLING FILTERS Bid Date: THURSDAY,SEPTEMBER 13,2006 AT 2:00 PM BIDDERS Allco,Ltd. Greystar EIG,LP LEM Construction Co.,Inc. Brystar Contracting,Inc. P.O.Box 3684 3411 Richmond Avenue,Ste.700 10849 Kinghurst,Suite 150 8385 Chemical Road Beaumont,Texas 77704 Houston,Texas 77046 Houston,Texas 77099 Beaumont,Texas 77705 Item Descri tion IQuantlUnits, Unit Price I Total Price Unit Price I Total Price Unit Price I Total Price Unit Price I Total Price ALTERNATE BID ITEMS I IA Alternate Primary Center Column Assembly&Turntable: 2 EA NO BID NO BID NO BID NO BID Furnish all labor,material and equipment to install new center column assemblies and turntables(as manufactured by Eimco Water Technologies,Inc.),including removing and disposing of the existing assembly and turntable, furnishing the new center column assembly and turntable,and installing the new assembly in the trickling filter structure,all in strict accordance with the plans and specifications for, 12A Alternate Secondary Center Column Assembly & I LS NO BID NO BID NO BID NO BID Turntable:Furnish all labor,material and equipment to install new center column assemblies and turntables(as manufactured by Eimco,Water Technologies,Inc.), including removing and disposing of the existing assembly and.turntable,furnishing the new center column assembly and turntable,and installing the new assembly in the(trickling filter structure, all in strict accordance with the ans ands ecifications for, ANUFACTURERIFARRICATOR INF RAIATION - ' SLUICE GATES(BID ITEM No.2 Golden Harvest Golden Harvest Golden Harvest Golden Harvest . 7 TRUSS ARMS(BID ITEMS 7&8 Envirodyne S stems,Inc. Envirodyne Systems,Inc. Envirodyne Systems,Ina Envirod ne Systems,Inc. Acknowledge Addendum No.1 - Acknowledged Acknowledged Bid Bond d Acknowledged Acknowledged Submitted Submitted Submitted Corporate Resolution - Submitted Submitted Submitted Submitted Informanon Required of Bidder�'�- � � Submitted - - Submitted Submitted Submitted Minority Business Utilization Commitment � � Submitted Submitted Submitted Submitted Scheduk G(IKBE)- _" Submitted .= Submitted Submitted Submitted Contract Time:- ` 360 Calendar Days 360 Calendar Days 360 Calendar Days 360 Calrnda Days The Did Proposals submitted have been reviewed,and to the best of my knowledge this is an accurate tabulation of the Bids received. BY: 9!::W�A DATE; -9:15-0% Bid Tab.xls 4 of SCHAUMBURG POLK,x+c. 5 October 10, 2006 Consider approving a one (1) year contract for the purchase of sand cement V~ City of Beaumont = • EL Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max Duplant, Chief Financial Officer MEETING DATE: October 10, 2006 AGENDA MEMO DATE: October 3, 2006 REQUESTED ACTION: Council approval of a one (1) year contract for the purchase of sand cement. RECOMMENDATION Administration recommends award of a one (1) year contract for purchasing sand cement to Quality Concrete and Materials Co. at the unit costs reflected below, with an estimated total expenditure for the contract period of$220,000. BACKGROUND The contract specifies that the successful bidder shall provide approximately 12,000 tons of sand cement at fixed unit costs for use by the Public Works and Water Utilities Departments. The material is used in the maintenance of water lines and meter boxes, the installation of culverts, and to repair driveways. Bids were received from three (3) vendors, as reflected in the attached bid tabulation. The low bidder, Quality Concrete and Materials Co., bid the following unit prices: Est. Quantity. Product Description Prior Contract Current Price/Ton Price /Ton 5,000 tons 1 sack sand cement $11.00 $15.00 1,000 tons 1 1/z sack sand cement $13.00 $16.50 2,000 tons 2 sack sand cement $15.00 $18.00 1,000 tons 2 1/z sack sand cement $17.00 $20.00 Annual Contract for Sand Cement October 3, 2006 Page 2 Est. Quantity Product Description Prior Contract Current Price fTon Price /Ton 1,000 tons 3 1/z sack sand cement $21.00 $24.00 1,000 tons 4 sack sand cement $23.00 $26.50 BUDGETARY IMPACT Funds are available for this expenditure in the Departments' respective operating budgets. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, Water Utilities Director and Chief Financial Officer. BID TAB&ION FOR SAND CEMENT BID NUMBER: RF0806-79 BID OPENING DATE: THURSDAY, SEPTEMBER 14, 2006 @ 2:00 PM QtaltyCanct :::: Transit Mix Concrete APAC-Te F3eauriont T?t ? Beaumont, TX Beaumont, TX QTY DESCRIPTION1N7 :: UNIT TOTAL UNIT TOTAL 5000 1 sack sand cement $15 ¢ :: $75ItOA $15.25 $76,250.00 $16.20 $81,000.00 1000 1-1/2 sack sand cement $1f5() $17.25 $17,250.00 $19.30 $19,300.00 2000 2 sack sand cement $1$QQ : 3 i t)Qt flD W. $19.25 $38,500.00 $22.05 $44,100.00 1000 2-1/2 sack sand cement {Q.0:00: $21.25 $21,250.00 $25.15 $25,150.00 1000 3 sack sand cement $ I04 0 $23.25 $23,250.00 $28.00 $28,000.00 1000 3-1/2 sack sand cement $ ±4 0 ? $ ± M.0 $25.25 $25,250.00 $31.15 $31,150.00 1000 4 sack sand cement $ 6:5( :$ fiSQQQO $27.25 $27,250.00 $34.10 $34,100.00 Total 'b20,fl(I(3! 0 $229,000.00 $262,800.00 LPla—ntLocation 6Q2Miglad% 1:55-:N7 : 1250 Florida 860 Pine St 6 October 10, 2006 Consider approving a bid for one (1) sanitary sewer manhole rehabilitation trailer for use at the Water Department • City of Beaumont UP , Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max Duplant, Chief Financial Officer MEETING DATE: October 10, 2006 AGENDA MEMO DATE: September 27, 2006 REQUESTED ACTION: Council consider award of a bid for one (1) sanitary sewer manhole rehabilitation trailer for the Water Utilities Department. RECOMMENDATION Administration recommends award of a bid to Machine Technologies, L.L.C. of Haslet, Texas in the amount of$64,250 for the purchase of one (1) sanitary sewer manhole rehabilitation trailer for use by the Water Utilities Department. BACKGROUND The City sanitary sewer system utilizes thousands of brick and mortar manholes (no surveys exist which yield an exact number). Over time, mortar deteriorates and gives way, creating voids which can allow the infiltration of storm water into the sanitary sewer system. This infiltration creates the potential for sanitary sewer overflows, which are not only a public health risk, but are subject to fines by the Texas Commission on Environmental Quality (TCEQ). The Water Utilities Department has developed a sanitary sewer improvement initiative with the TCEQ which removes the threat of fines for overflows over a five (5) year period, providing the department adheres to the action plan provided to the agency. A component of this plan is the rehabilitation of damaged manholes by resealing the interior of the manhole. The resealing method afforded by this trailer is the spray application of a cementitious material to the interior of the manhole, thereby filling the void caused by deteriorated mortar. Presuming an "average" repair depth of seven(7) feet, third-party contracting of the repair would yield an approximate cost of$630 per manhole. The Water Utilities Director has estimated an in-house repair repair cost of approximately $260 per manhole. Purchase of One(1) Sanitary Sewer Manhole Rehabilitation Trailer September 27,2006 Page 2 Water Utilities management has determined the best option to be the purchase of a trailer containing the necessary components to reseal manholes utilizing Water personnel. The trailer as specified will contain a trailer, diesel engine, hydraulic pump, water system, mortar mixer, mortar delivery pump, air compressor, mortar spraying system, winch, and a tripod for setup above the subject manhole. Three (3) bids were received as reflected in the attached bid tabulation. The low bidder, AP/M Permaform, submitted a bid for an equipment skid only (without trailer) containing a mixer, pump, winch, and an unspecified capacity water tank. The bid does not contain several of the key components of the rehabilitation system, and is considered to be non-responsive to specifications. The next low bidder, Quadex, Inc., took exception to bid specifications in several areas; offering a 30 horsepower (hp) engine in lieu of the required 56 hp; a 20 gallon hydraulic fluid reservoir instead of 45 gallons; and a pump capacity of seven (7) gallons per minute versus the specified thirteen (13) gallons. The proposed trailer is also capable of carrying only one (1) pallet of cementitious material, rather than the two (2) pallet capacity required by specifications. The trailer system proposed by Machine Technologies, L.L.C. meets all required performance specifications. The unit shall carry a one (1) year warranty. Warranty repairs will be performed by manufacturer's personnel. BUDGETARY IMPACT Funds are available for this expenditure in the Water Utilities Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Chief Financial Officer and Water Utilities Director. BID TAB&ION: PURCHASE OF MANHOLE REHABILITATION SY& BID OPENING DATE: THURSDAY,AUGUST 10, 2006 @ 2:00 PM BID NUMBER: RF0706-77 Vendor AP/M Permaform Quadex, Inc. Machine Technologies, LLC City/State Johnston, VA North Little Rock, AR Haslet, TX Phone Number 800-662-6465 281-257-6122 817-439-1108 Manhole Rehabilitation System $25,000.00 $52,895.00 $64,250.00 Manufacturer& Model Bid AP/M Perfaform PC Skid Quadex SprayMaster HT250 + Slinger system Delive Time: 60 days 40 days 70 da s s 7 October 10, 2006 Consider a resolution authorizing the acquisition of property at 790 Orleans Street 10ftr City of Beaumont : Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: October 10, 2006 AGENDA MEMO DATE: October 5, 2006 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of property at 790 Orleans Street. RECOMMENDATION The owner of the property listed below has agreed to accept the appraised value for their property: Southeast 80' of Lots 305, 306, 307, 308 and 309, Block 49 Beaumont Addition - (790 Orleans Street) Appraiser: Bishop Real Estate Appraisers, Inc. Total Appraised Value: $480,000 Owner: Goodwill Industries of SE Texas and SW Louisiana Administration recommends Council authorize the acquisition of property at 790 Orleans Street. BACKGROUND The Police Department's Property Office is currently having to store property at several locations due to a shortage of space in the main police building. Property is being stored at several locations within the main building and at locations separate from the main building. The storing of property at various locations causes inefficiencies in the normal operation of the Property Office. The acquisition of the Goodwill Store at 790 Orleans Street will be of sufficient size to consolidate the storage of all property at one location. Upon acquisition of the property, an architect will be retained to design the interior of the building to meet the needs of the Property Office. The actual renovations to the interior of the building will be completed by a contractor. Although the property will be acquired after City Council approval, Goodwill has indicated that it will take them approximately six months to vacate the building. During this six month period, the City will lease the building to Goodwill. BUDGETARY IMPACT Funds are available in the Capital Program. PREVIOUS ACTION None. SUBSEQUENT ACTION A lease agreement between Goodwill and the City is being prepared and will be brought before City Council for approval. RECOMMENDED BY City Manager and Public Works Director. EngGoodwill-TW October 5,2006 RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of property at 790 Orleans Street for its appraised value for use by the Police Department; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the purchase of the following described property, as shown on Exhibit"A" attached hereto, in the amount of $480,000 be and the same is hereby approved: Southeast 80' of Lots 305, 306, 307, 308 and 309, Block 49, Beaumont Addition (790 Orleans Street) Appraiser: Bishop Real Estate Appraisers, Inc. Total Appraised Value: $480,000 Owner: Goodwill Industries of SE Texas and SW Louisiana PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of October, 2006. - Mayor Guy N. Goodson - i 42 ° • y ,bti ♦ �yo \° p 'yam CC°+� o e r✓ ►\1 x°09 3�'�,' - t{ _. .h0 �0 6♦�tt'`� / c a 60 p \ o ♦ b' Go • o O w\4 � O o \ C 3'C, oto p w°M1 �p W 4p 10 ol 00 0 ,p 6 L aJree r° °♦♦ bk E PLAT MAP e� 8A �(. ro �t `'moo r - .�t°\• .• �„�`' �y�' 6`� _ eye b° P° b1\ b° aet M1be k♦° ''o r0 �♦4 p0 e g � � °o . p .4♦ p0 O '° 'P{ °° �yl EXHIBIT "A" WORKSESSION *Discuss future plans for Fair Park