HomeMy WebLinkAboutPACKET AUG 11 2009 RICH WITH OPPORTUNITY
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T • E • X • A • S
REGULAR MEETING OF THE CITY COUNCIL
BEAUMONT CIVIC CENTER AUGUST 11,2009 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
A) Approve a contract for heating, ventilation and air conditioning (HVAC) equipment repair
and service
B) Approve payment for the emergency repair of a 1992 Caterpillar 826 Compactor
C) Approve a contract for the purchase of Sodium Hydroxide for use by the Water Utilities
Department
D) Approve an amendment to the Lease Agreement with University of Texas Medical Branch
at Galveston (UTMB)
E) Authorize the City Manager to execute all documents necessary to accept funding for a
Local Public Health System Grant from the Texas Department of State Health Services
F) Authorize the City Manager to execute all documents necessary to accept funding for an
Immunization Grant from the Texas Department of State Health Services
G) Authorize the settlement of the lawsuit styled Kenneth Allison, et ux v. Mustang Tractor
and Equipment Company, et al
A
RICH WITH OPPORTUNITY
[117EA,[11�lul 1 ( City Council Agenda Item
T - E - X - A - S
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: August 11, 2009
REQUESTED ACTION: Council consider a contract for heating, ventilation, and air
conditioning(HVAC) equipment repair and service.
RECOMMENDATION
Administration recommends the award of an annual contract for repair and service of City-owned
HVAC equipment to Associated Mechanical Services, Inc. of Nederland at the unit prices
reflected in the attached Bid Tabulation, with an estimated total annual expenditure of
$87,437.50.
BACKGROUND
The contract specifies that the successful bidder will provide assorted HVAC equipment repair
and service at fixed hourly rates as well as materials and equipment rental at a fixed percentage
markup to maintain the City's equipment. The contract requires a response for service twenty-
four(24) hours per day, seven (7) days per week and requires the contractor to have personnel
onsite to assist the City with emergency repairs in the event of a disaster. The annual contract
includes renewal options for two (2) additional years with a percentage increase based on the
Consumer Price Index for all Urban Consumers (CPI-U).
The bid award is based on quoted regular, over time, weekend/holiday, and disaster hourly rates
for HVAC mechanics and apprentices applied to an estimated annual usage.
Four(4) contractors responded with bids as indicated on the attached Bid Tabulation. Associated
Mechanical Services submitted the lowest bid and has previously performed HVAC work for the
City satisfactorily.
BUDGETARY IMPACT
Funds are available for this expenditure in the Building Services Division's operating budget.
BID TABULATION: ANNUAL CONTRACT FOR REPAIR AND SERVICE OF HVAC EQUIPMENT
BID OPENING DATE: THURSDAY, JULY 23, 2009 2 PM
BID NUMBER: CP0609-35
Vendor Est Hours Assoc. Mech. Serv. Air Comfort, Inc. Gowan, Inc. Thermacon Service Co
:City/State Used Nederland, TX Beaumont, TX Houston, TX Beaumont, TX
Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price
Straight Time Hourly Rates
(7:30am to 4:30 pm Mon-Fri)__
Mechanic, labor rate, Straight time 500 $50.00 $25,000.00 $50.00 $25,000.00 $65.00 $32,500.00 $72.00 $36,000.00
Apprentice, labor rate Straight time 300 _ $35 00 $10,500.00 $35.00 $10,500.00 $42.00 $12,600.00 $56.00 $16,800.00 IF
W NO,Overtime Hourly Rates (4:30 pm
to 7:30 am, Mon-Fri, all day Sat)
''Mechanic, labor rate, Overtime 250 $75.00 $18,750.00 $65.00 $16,250.00 $92.00 $23,000.00 $108.00 $27,000.00
Apprentice labor rate Overtime 100 $52.50 $5,250.00 $45.00 $4,500.00 $52.00 $5,200.00 $84.00 $8,400.00
(Sunday/Holiday/Disaster Hourly
Rates (all day Sun., Holidays, and
during Mandatory Evacuation)
Mechanic, labor rate, Holiday&
Sunday rate 150 $75.00 $11,250.00 $75.00 $11,250.00 $92.00 $13,800.00 $144.00 $21,600.00
Apprentice, labor rate, Holiday&
'I Sunday rate 75 $52.50 $3,937.50 $55.00 $4,125.00 $52.00 $3,900.00 $11-2.0-0- $8,400.00
Mechanic, labor rate, Disaster rate
during Mandatory Evacuation only 100 $75.00 $7,500.00 $98.00 $9,800.00 $78.00 $7,800.00 $144.00 $14,400.00
Apprentice, labor rate, Disaster rate
during Mandatory Evacuation only 100 $52.50 $5,250.00 $85.00 $8,500.00 $58.00 $5,800.00 $112.00 $11,200.00
{ J F4,50"T
TOTAL BID i' $87,437.50 $89,925 00 -
_ -- __ -- - -- _--- $104,600.00 $143,800 00
MATERIAL MARK-UP:
15% -19% 2_0% 40%
EQUIPMENT RENTAL MARK-UP: ! 10% 10% 15% 25%
it
RESOLUTION NO.
WHEREAS, bids were solicited for an annual contract for heating, ventilation, and
air conditioning (HVAC) repair and service for City-owned HVAC equipment; and,
WHEREAS,Associated Mechanical Services, Inc., of Nederland,Texas, submitted
a bid for an estimated amount of $87,437.50 in the unit amounts shown below:
Est Hours Used Unit Price Total Price
Straight Time Hourly Rates
7:30am to 4:30 pm Mon-Fri
Mechanic, labor rate, Straight time 500 $50.00 $25,000.00
Apprentice, labor rate, Straight time 300 $35.00 $10,500.00
INNEENEENNINIM
Overtime Hourly Rates (4:30 pm
to 7:30 am, Mon-Fri, all day Sat
Mechanic, labor rate, Overtime 250 $75.00 $18,750.00
Apprentice, labor rate, Overtime 100 $52.50 $5,250.00
BEIM
Sunday/Holiday/Disaster Hourly
Rates (all day Sun., Holidays, and
during Mandatory Evacuation
Mechanic, labor rate, Holiday & 150 $75.00 $11,250.00
Sunday rate
Apprentice, labor rate, Holiday & 75 $52.50 $3,937.50
Sunday rate
Mechanic, labor rate, Disaster rate 100 $75.00 $7,500.00
during Mandatory Evacuation only
Apprentice, labor rate, Disaster rate 100 $52.50 $5,250.00
during Mandato Evacuation onl
TOTAL BID: $87,437.50
MATERIAL MARK-UP: 15%
EQUIPMENT RENTAL MARK-UP: 10%
and,
WHEREAS, City Council is of the opinion that the bid submitted by Associated
Mechanical Services, Inc., of Nederland, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
I
THAT the bid submitted by Associated Mechanical Services, Inc., of Nederland, Texas,for
an annual contract for heating, ventilation, and air conditioning (HVAC) equipment repair
and service for City-owned HVAC equipment for an estimated annual cost of$87,437.50
in the unit amounts shown above be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of
August, 2009.
- Mayor Becky Ames -
B
RICH WITH OPPORTUNITY
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T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: August 11, 2009
REQUESTED ACTION: Council consider payment for the emergency repair of a
1992 Caterpillar 826 Compactor.
RECOMMENDATION
The administration recommends a payment for emergency repairs that were performed by
Mustang Cat of Beaumont in the amount of$86,055.51.
BACKGROUND
The 1992 Caterpillar 826 Compactor is one of two compactors operating at the landfill. The
Texas Commission on Environmental Quality has minimum equipment availability requirements
for the amount of refuse that is handled at the landfill. This compactor is needed to meet those
requirements. On June 9, 2009, the compactor was taken out of service after overheating caused
engine damage and the transmission would not shift after warmup. The compactor required
emergency repair in order to be operational. State of Texas statutes provide for an exemption to
competitive bidding if the procurement is necessary because of unforeseen damage to public
machinery, equipment or other property. Replacement cost, with a comparably equipped
compactor would be approximately $700,000. The repaired unit should be serviceable in its
current function for another three (3) years.
BUDGETARY IMPACT
Funds are available in the Solid Waste Fund.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the payment of $86,055.51 to Mustang Cat of
Beaumont, Texas, for the emergency repair of a 1992 Caterpillar 826 Compactor.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of
August, 2009.
- Mayor Becky Ames -
RICH WITH OPPORTUNITY
BEA,UMON*
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: August 11, 2009
REQUESTED ACTION: Council consider authorizing the award of a contract for the
purchase of Sodium Hydroxide.
RECOMMENDATION
The Administration recommends the award of a contract to Univar USA, Inc., of Houston, in the
amount of$60,500.
BACKGROUND
Bids were requested for a six (6) month contract to supply Sodium Hydroxide for use by the
Water Utilities Department to purify the City's water supply. The previous vendor was Thatcher,
Co., of Salt Lake City, UT., at $767 per ton. The Water Utilities Department expects to purchase
five hundred (500) dry tons during the six (6) month contract. Bid tabulations are as follows:
VENDOR UNIT PRICE TOTAL PRICE
PER DRY TON 500 DRY TONS
Univar USA $121 $60,500
Houston, TX
FSTI Inc. $130 $65,000
Manor, TX
PVS Minibulk $165 $82,500
Detroit, MI
DXI Industries $212 $106,000
Houston, TX
Altivia Corp. $284 $142,000
Houston, TX
Thatcher Co. $427 $213,490
Salt Lake City, UT
Contract for the purchase of Sodium Hydroxide
August 11, 2009
Page 2
BUDGETARY IMPACT
Funds are available for this expenditure in the Water Utilities Department's operating budget.
I'
RESOLUTION NO.
WHEREAS, bids were requested for a six (6) month contract for the purchase of
an estimated five hundred (500)dry tons of sodium hydroxide for use by the Water Utilities
Department to purify the City's water supply; and,
WHEREAS, Univar USA, Inc., of Houston, Texas, submitted a bid at the fixed unit
rate of $121 per dry ton for a total cost of $60,500; and;
WHEREAS, City Council is of the opinion thatthe bid submitted by Univar USA, Inc.,
of Houston, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Univar USA, Inc., of Houston, Texas, for the purchase of an
estimated 500 dry tons of sodium hydroxide at the fixed unit rate of$121 per dry ton for an
estimated total cost of $60,500 be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of
August, 2009.
- Mayor Becky Ames -
D
RICH WITH OPPORTUNITY
[I 11cm ► �
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer l!�
MEETING DATE: August 11, 2009
REQUESTED ACTION: Council consider an Amendment to the Lease Agreement
with University of Texas Medical Branch at Galveston
(UTMB).
RECOMMENDATION
The Administration recommends the execution of an Amendment to the Lease Agreement with
UTMB and the City of Beaumont to extend the lease for two (2) years and to increase the
monthly rental rate.
BACKGROUND
City Council approved the existing Lease Agreement with UTMB on October 7, 1992. The
Lease provided for a collaborative agreement between UTMB and the City of Beaumont Public
Health Department to provide health services to women and children in Beaumont and Jefferson
County. The Agreement designated the responsibility for maternity and family planning services
to the UTMB group, with the City complementing these services by providing well-child and
Women's, Infants, Children (WIC) services. The Agreement required the City to provide UTMB
with clinic space adequate to allow both programs at the same location. Provisions in the
Agreement allow for the space provided by the City to be leased to UTMB through a separate
Agreement. The Lease allows UTMB to utilize approximately 8,200 square feet of space at the
Beaumont Public Health Department building located at 950 Washington Boulevard.
Four(4) Amendments have been executed extending the term of the original lease and increasing
the rental payments. The proposed Amendment No. 5 provides for a two (2) year extension to
the Lease beginning October 7, 2009 and expiring October 6, 2011. Also provided is a 2%
increase in the rental rate from $3,000 per month to $3,060 for the first year of the Amendment,
and a 2% increase from $3,060 to $3,121.20 per month for the second year.
UTMB bears the expense of utilities and janitorial services. Either party may terminate the Lease
with six (6) months advance written notice. All other provisions of the Lease remain the same.
UTMB Lease Renewal
August 4, 2009
Page 2
The proposed Amendment No. 5 is attached for review.
BUDGETARY IMPACT
Monthly rental payments will total $36,720 for the first year of the Amendment (FY2010), and
$37,454.40 for the second year of the Amendment (FY2011). Revenues will be deposited in the
General Fund.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute Amendment No. 5 to
the 1992 Lease Agreement with the University of Texas Medical Branch at Galveston
(UTMB) to extend the lease for two (2) years beginning October 7, 2009, and expiring
October 6, 2011, and increasing the rental rate from $3,000 to $3,060 per month the first
year and from $3,060 to $3,121.20 per month the second year. The amendment is
substantially in the form attached hereto as Exhibit "A" and made a part hereof for all
purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of
August, 2009.
- Mayor Becky Ames -
FIFTH AMENDMENT AND RENEWAL
OF SPACE LEASE AGREEMENT
This Fifth Amendment and Renewal of Space Lease Agreement ("Amendment") is entered into
by and between the CITY OF BEAUMONT ("Lessor") and the BOARD OF REGENTS OF THE
UNIVERSITY OF TEXAS SYSTEM, for the use and benefit of The University of Texas Medical
Branch at Galveston("Lessee"),effective as of October 7,2009.
RECITALS
A. Lessor and Lessee entered into that Space Lease Agreement(the "Lease") dated as of October 7,
1992, wherein Lessor leased to Lessee and Lessee leased from Lessor approximately 8,200 net
usable square feet located at 950 Washington Boulevard in Beaumont, Texas, as more specifi-
cally described in the Lease.
B. Lessor and Lessee subsequently amended the original Lease by a First Amendment dated
September 24, 1997, which extended the term of the Lease to begin on October 7, 1997 and end
on October 6, 2002. Lessor and Lessee subsequently amended the original Lease by Second
Amendment dated March 6, 2002, which extended the term of the Lease to begin on October 7,
2002 and end on October 6, 2007. Lessor and Lessee subsequently amended the original Lease
by Third Amendment dated October 7, 2007, which extended the term of the Lease to begin on
October 7, 2007 and end on October 6, 2008. Lessor and Lessee subsequently amended the
original Lease by Fourth Amendment dated October 7, 2008, which extended the term of the
Lease to begin on October 7, 2008 and end on October 6,2009.
C. Lessor and Lessee wish to amend this Lease to renew and extend the term of the Lease and wish
to enter into this Amendment to evidence the renewal of the term and increase the rent.
AGREEMENT
In consideration of the terms and conditions set forth herein,and for other good and valuable con-
sideration, the receipt and sufficiency of which are hereby acknowledged,Lessor and Lessee hereby agree
to amend the Lease as follows:
1. Renewal of Lease Term. The term of the Lease is extended for an additional period commenc-
ing October 7, 2009 and ending on October 6, 2011, unless sooner terminated as provided in the
Lease. Lessor and Lessee agree that execution of this Amendment by both parties is effective to
extend the term, and any other conditions for extension contained in the Lease are hereby waived
for the purposes of this renewal term.
Page 1
Fourth Amendment to Lease Agreement
City of Beaumont,Texas/UTMB/K-09-00419
S:kb/j agBeaumontCityof/Beaumont5th
EXHIBIT "A"
2. Monthly Rental. Lessee will pay Lessor a rental of not more than THREE THOUSAND SIXTY
AND NO/DOLLARS ($3,060.00), per month during the term commencing October 7, 2009 and
ending October 6, 2010. Lessee will pay Lessor a rental of not more than THREE THOUSAND
ONE HUNDRED TWENTY-ONE AND 20/DOLLARS ($3,121.20), per month during the term
commencing October 7, 2010 and ending October 6,2011.
3. Change in Location. If Lessor moves its health department offices from the leased premises
located at 950 Washington Boulevard in Beaumont,Texas,to another location, Lessee shall have
the option to terminate this Lease upon 30 days written notice or enter into a new lease agreement
with Lessor for space in the new location.
4. Defined Terms and Ratification. Except as amended or modified by this Amendment, the
Lease shall continue in full force and effect as therein provided and the Lease is hereby ratified in
all respects by Lessor and Lessee. Except as otherwise defined in this Amendment, each of the
terms used herein shall have the same meaning assigned to such terms in the Lease.
IN WITNESS WHEREOF, Lessor and Lessee have caused this Amendment to be ex-
ecuted by their authorized representatives, to be effective as of the year and date first above
written.
LESSOR: LESSEE:
The City of Beaumont, Texas Board of Regents of the University of Texas
System for the use and Benefit of The University
By: of Texas Medical Branch at Galveston
Title:
By: 'v
Date: William R. r, C.P.A.
Executive Vice President and
Chief Business &Finance Officer
Date:
Cont Re iewed
Approved: ,ll
Bv:
Gary D.V. Apkins,M.D.
Jennie Sealy bistinguished Professor
and Chair Obstetrics & Gynecology
Page 2
Fourth Amendment to Lease Agreement
City of Beaumont,Texas/UTMB/K-09-00419
S:kb/j ag/BeaumontCityof/Beaumont5th
THE STATE OF TEXAS §
COUNTY OF GALVESTON § ./
This i trument was acknowledged and sworn to before me on the /T day of
2009,by William R. Elger, C.P.A., Executive Vice President and Chief
B ess &F' ance Officer, for on behalf of the Board of Regents of The University of Texas
System.
i - Notary Public, State of Texas
= Printed Name: I y/L
S
l�Wlr- Commission Expires: 406-/o-20/0
iiiM
THE STATE OF TEXAS §
COUNTY OF GALVESTON §
This instrument was acknowledged and sworn to before me on the day of
, 2009,by of the
City of Beaumont, Texas, for and on behalf of the City of Beaumont, Texas
Notary Public, State of Texas
Printed Name:
Commission Expires:
Page 3
Fourth Amendment to Lease Agreement
City of Beaumont,Texas/UTMB/K-09-00419
S:kb/j ag/BeaumontCityofBeaumont5th
E
RICH WITH OPPORTUNITY
I'Em . �
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Ingrid Holmes, Public Health Director
MEETING DATE: August 11, 2009
REQUESTED ACTION: Council consider authorizing the City Manager to execute
all documents necessary to accept funding for a Local
Public Health System Grant from the Texas Department of
State Health Services.
RECOMMENDATION
Administration recommends Council approval.
BACKGROUND
The Texas Department of State Health Services (DSHS) has awarded the Beaumont Public
Health Department a RLSS-Local Public Health System grant in the amount of$107,574.00.
This Contract begins 09/01/2009 and ends on 08/31/2010.
BUDGETARY IMPACT
City would receive grant funding in the amount of$107,574.00.
DEPARTMENT OF STATE HEALTH SERVICES
40
This contract, number 2010-032783 (Contract), is entered into by and between the Department
of State Health Services (DSHS or the Department), an agency of the State of Texas, and
BEAUMONT PUBLIC HEALTH DEPARTMENT (Contractor), a Government Entity,
(collectively,the Parties).
1. Puruose of the Contract. DSHS agrees to purchase, and Contractor agrees to provide,
services or goods to the eligible populations as described in the Program Attachments.
2. Total Amount of the Contract and Payment Method(s). The total amount of this Contract
is $107,574.00, and the payment method(s) shall be as specified in the Program Attachments.
3. Funding Obheation. This Contract is contingent upon the continued availability of funding.
If funds become unavailable through lack of appropriations, budget cuts, transfer of funds
between programs or health and human services agencies, amendment to the Appropriations Act,
health and human services agency consolidation, or any other disruptions of current appropriated
funding for this Contract, DSHS may restrict,reduce,or terminate funding under this Contract.
4. Term of the Contract. This Contract begins on 09/01/2009 and ends on 08/31/2010. DSHS
has the option, in its sole discretion, to renew the Contract as provided in each Program
Attachment. DSHS is not responsible for payment under this Contract before both parties have
signed the Contract or before the start date of the Contract, whichever is later.
5. Authority. DSHS enters into this Contract under the authority of Health and Safety Code,
Chapter 1001.
6. Documents Formina Contract. The Contract consists of the following:
a. Core Contract(this document)
b. Program Attachments:
2010-032783-001 RLSS-LOCAL PUBLIC HEALTH SYSTEM
c. General Provisions (Sub-recipient)
d. Solicitation Document(s). N/A
e. Contractor's response(s) to the Solicitation Document(s). N/A
f. Exhibits attached.
Any changes made to the Contract, whether by edit or attachment, do not form part of the
Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein.
92648-1
7. Conflicting Terms. In the event of conflicting terms among the documents forming this
Contract, the order of control is first the Core Contract, then the Program Attachment(s), then the
General Provisions, then the Solicitation Document, if any, and then Contractor's response to the
Solicitation Document,if any.
8. Payee. The Parties agree that the following payee is entitled to receive payment for services
rendered by Contractor or goods received under this Contract:
Name: CITY OF BEAUMONT
Address: PO BOX 3827
BEAUMONT, TX 77704-3827
Vendor Identification Number: 17460002789023
9. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of
the Parties and that there are no agreements or understandings, written or oral, between them
with respect to the subject matter of this Contract, other than as set forth in this Contract.
By signing below, the Parties acknowledge that they have read the Contract and agree to its
terms, and that the persons whose signatures appear below have the requisite authority to execute
this Contract on behalf of the named party.
DEPARTMENT OF STATE HEALTH SERVICES BEAUMONT PUBLIC HEALTH
DEPARTMENT
By: By:
Signature of Authorized Official Signature
Date Date
Bob Bumette,C.P.M., CTPM
Printed Name and Title
Director, Client Services Contracting Unit
Address
1100 WEST 49TH STREET
AUSTIN, TEXAS 78756 City, State, Zip
(512)458-7470
Telephone Number
Bob.Burnette @ dshs.state.tx.us
E-mail Address for Official Correspondence
92648-1
DOCUMENT NO. 2010-032783-
ATTACHMENT NO. 001
PURCHASE ORDER NO. 0000352948
CONTRACTOR: BEAUMONT PUBLIC HEALTH DEPARTMENT
DSHS PROGRAM: RLSS-LOCAL PUBLIC HEALTH SYSTEM
TERM: 09/01/2009 THRU: 08/31/2010
SECTION I. SCOPE OF WORK:
CONTRACTOR shall improve or strengthen local public health infrastructure within the State of
Texas by:
• Developing objective(s) to address a public health issue;
• Utilizing resources provided through this contract Attachment to conduct activities and
services that provide or support the delivery of essential public health services;
• Assessing,monitoring,and evaluating the essential public health activities and services
provided through this Program Attachment; and
• Developing strategies to improve the delivery of essential public health service(s) to
identified service area.
These tasks shall be performed in accordance with Department of State Health Services (DSHS)
Division for Regional and Local Health Services Interlocal Application. The assessment and/or
evaluation activities must include measurable standards. Acceptable standards include the National
Public Health Performance Standards approved by the Centers for Disease Control and Prevention,
Performance Standards developed by the Texas Association of Local Health Officials, Healthy
People 2010, and any federal, state or local law or regulation governing the delivery of essential
public health services. Other evaluation methods utilizing standards not listed in this Program
Attachment must be pre-approved by DSHS.
CONTRACTOR shall comply with all applicable federal and state laws, rules, regulations and
standards including,but not limited to, the following:
• Chapter 23-11 of the Healthy People 2010;
• Section 121.002, Texas Health & Safety Code, definition of ten essential public health
services;
• Government Code, Section 403.1055, "Permanent Fund for Children and Public Health".
CONTRACTOR shall not use funds from the Permanent Fund for Children and Public Health for
lobbying expenses under the Government Code,Section 403.1067.
ATTACHMENT—Page 1
CONTRACTOR shall comply with all applicable regulations,standards,and guidelines in effect on
the beginning date of this Program Attachment.
DSHS shall inform CONTRACTOR in writing of any changes to applicable federal and state laws,
rules,regulations,standards and guidelines. CONTRACTOR shall comply with the amended law,
rule,regulation,standard or guideline except that CONTRACTOR shall inform DSHS Program in
writing if it shall not continue performance under this contract Attachment within thirty(30)days of
receipt of an amended standard(s) or guideline(s). DSHS may terminate the Program Attachment
immediately or within a reasonable period of time as determined by DSHS.
SECTION H. PERFORMANCE MEASURES
CONTRACTOR shall complete the PERFORMANCE MEASURES as stated in the
CONTRACTOR'S FY10 Local Public Health Service(LPHS)Service Delivery Plan,and as agreed
upon by DSHS,hereby attached as Exhibit A.
CONTRACTOR shall provide activities and services as submitted by CONTRACTOR in the
following county(ies)/area: Jefferson
SECTION III. SOLICITATION DOCUMENT: Exempt—Governmental Entity
SECTION IV. RENEWALS: N/A
SECTION V. PAYMENT METHOD: Cost Reimbursement
SECTION VI. BILLING INSTRUCTIONS:
Contractor shall request payment using the State of Texas Purchase Voucher (Form B-13) and
include acceptable supporting documentation of the required services/deliverables if indicated in the
attached Exhibit A. Vouchers and supporting documentation can be faxed to Claims Processing Unit
at(512)458-7442. The email address is in voices@dshs.state.tx.us.
Invoices and supporting documentation shall be submitted to the following address:
Department of State Health Services
Fiscal Claims Processing Unit
P.O. Box 149347, MC 1940
Austin,Texas 78714-9147
SECTION VII. BUDGET:
SOURCE OF FUNDS: State and CFDA#93.991
ATTACHMENT—Page 2
SECTION VIII. SPECIAL PROVISIONS:
General Provisions,Section 1.03 Reporting Article,are revised to include the following paragraph:
Contractor shall submit quarterly and final performance reports that describe progress toward
achieving the objectives contained in approved Contractor's Service Delivery Plan and any written
revisions. Contractor shall submit the performance reports by the end of the month following the
end of each quarter, in a format to be provided by DSHS. Failure to submit a required report of
additional requested information by the due date specified in the Program Attachment(s) or upon
request constitutes breach of contract, may result in delay payment, and may adversely affect
evaluation of Contractor's future contracting opportunities with the department. Reports should be
sent electronically-to: LocalPHTeam @dshs.state.tx.us or by facsimile to 512-458-7154. A copy of
the report should be sent to the respective DSHS Health Service Region,Attention:Deputy Regional
Director. The report signature page should be sent via mail to:
DSHS Regional and Local Health Services
Attn: Local Services Team
1100 West 49th Street
P.O. BOX 149347 MC1908
Austin,Texas,78714-9347.
General Provisions,Section 4.05 Financial Status Reports(FSRs).Article is revised to include
the following paragraph:
Contractor shall submit a copy of the quarterly FSRs to the Contract Management Unit in addition to
Accounts Payable by the thirtieth calendar day of the month following the end of each quarter of the
Program Attachment term for Program review. Reports should be sent electronically to:
LocalPHTeam @dshs.state.tx.us, or may be sent via mail to DSHS Regional and Local Health
Services—MC 1908,Attn:Local Services Team, 1100 West 49`x'Street,Austin,Texas,78756,or by
facsimile to 512-458-7154.
General Provisions, Section 12.01 Responsibilities and Restrictions Concerning Governing
Board,Officers and Employees, is not applicable to this program Attachment.
ATTACHMENT—Page 3
2010-032783-001
Categorical Budget:
PERSONNEL $72,804.00
FRINGE BENEFITS $34,770.00
TRAVEL $0.00
EQUIPMENT $0.00
SUPPLIES $0.00
CONTRACTUAL $0.00
OTHER $0.00
TOTAL DIRECT CHARGES $107,574.00
INDIRECT CHARGES $0.00
TOTAL $107,574.00
DSHS SHARE $107,574.00
CONTRACTOR SHARE $0.00
OTHER MATCH $0.00
Total reimbursements will not exceed $107,574.00
Financial status reports are due: 12/31/2009, 03/31/2010, 06/30/2010, 10/31/2010
6-4-2009
EXHIBIT A
Texas Department Of State Health Services
BEAUMONT PUBLIC HEALTH DEPARTMENT
FY 2010 Request for Local Public Health Services Funds
Project Service Delivery Plan
Contract Term: September 1,2009 through August 31,2010
Indicate in this plan how requested Local Public Health Services(LPHS)contract funds will be used to address a public health issue through
essential public health services. The plan should include a brief description of the public health issue(s)or public health program to be
addressed by LPHS funded staff,and measurable objective(s)and activities for addressing the issue. List only public health issues/programs,
objectives and activities conducted and supported by LPHS funded staff.List at least one objective and subsequent required information for
each public health issue or public health program that will be addressed with these contract funds. The plan must also describe a clear
method for evaluating the services that will be provided, including identification of a specific evaluation standard, as well as
recommendations or plans for improving essential public health services delivery based on the results of the evaluation. Complete the table
below for each public health issue or public health program addressed by LPHS funded staff. (Make additional copies of the"leas needed)
Public Health Issue: Briefly describe the public health issue to be addressed. Number issues if more than one
issue will be addressed.
Promote and protect the health of the community through public health education and public health
activities.
Public health policy planning and development(medical health issues).
Essential Public Health Service(s): List the EPHS(s) that will be provided or supported with LPHS Contract
funds
Inform,educate, and empower the community with respect to health issues(EPHS#3).
Mobilize community partnerships in identifying and solving community health problems(EPHS#4).
Develop policies and plans that support individual and community efforts to improve health(EPHS#5).
Objective(s): List at least one measurable objective to be achieved with resources funded through this contract.
Number all objectives to match issue being addressed. Ex:1.1,1.2,2.1,2.2, etc.)
Provide on-going health education and health promotion activities and training opportunities to the community on
identified public health issues quarterly.
Develop partnerships and collaborations with local, regional, and state agencies to identify and implement effective
solutions to all community health issues.
Ensure local public health system partners receive accurate information regarding critical health issues and appropriate
forums are planned and scheduled.
Performance Measure: list the performance measure that will be used to determine if the objective has been
met. List a performance measure for each objective listed above.
Provide health information to the community in a timely manner.
Collaborate with local, regional, and state agencies to identify health issues in the community and increase
partnerships.
Ensure accuracy and timeliness of dissemination of public health information.
Activities List the activities conducted Evaluation and Improvement Plan List Deliverable Describe the
to meet the proposed objective. Use the standard and describe how it is used to tangible evidence that the
numbering system to designate match evaluate the activities conducted. This can be activity was completed.
between issueslprograms and a local,state or federal guideline.
objectives.
1.1 BPHD will provide 1.1 BPHD's Community Health 1.1 Calendars of
community health information I Educator will provide a minimum of I community health
6-4-2009
and activities to residents to eighteen (18) health education and activities with dates and
reduce risky health behaviors and health promotion activities to the classes will be
improve the health status of the community on health related issues maintained; attendance
community. during FY 2010. records and schedules of
training sessions
presented will be kept.
1.2 BPHD will provide 1.2 BPHD's Community Health 1.2 BPHD will
community health information Educator will schedule monthly health maintain records of
and educational presentations that and nutrition presentations for city training classes and
will empower individuals and employees at seven(7) work sites from presentations; attendance
groups to make healthy lifestyle September 2009 through May 2010; records will be
choices; provide health and Evaluations will be provided to maintained; copies of
nutrition information through the participants after each presentation. materials and literature
"Healthy Works Wonders" Topics for FY 2010 will be will be maintained.
Nutrition Education Program. extrapolated from employee surveys; Surveys or assessment
Written policies, goals, and objectives materials will be kept.
will be outlined by Community Health
Educator.
1.3 BPHD will participate in 1.3 Record of public
public health campaigns, health fairs and other
community events, and health 1.3 BPHD's Community Health community health
fairs; consultation provided to the Educator will coordinate and activities will be
public on health issues related to participate in twelve (12) community maintained; schedule of
second hand smoking, cancer, health fairs and public events during Local Health Department
nutrition, obesity, physical FY 2010. One major public health activities conducted
activity, high blood pressure, awareness event will be conducted during Public Health
hepatitis, sexually transmitted during Public Health Week Week will be maintained.
infections, and public health Celebration which is held in April
preparedness. New topics will be 2010.
incorporated.
1.4 Community health
activities will be
1.4 BPHD will disseminate documented,
health information to interested 1.4 BPHD's Community Health dissemination of
community groups; health Educator will assure that health information will be
messages appropriate to all information and educational materials documented; copies of
groups including minorities and are accessible to the public. An community newsletters
disadvantaged groups in the updated community health plan will be and publications will be
community will be developed. revised and implemented during FY kept.
2010; information on the City of
Beaumont webpage will continue to be
updated and plans for development of
webpage design will be addressed. 1.5 Community Health
1.5 BPHD will provide Food Educator will keep
Manager's Class to restaurant record of class schedules;
owners/managers in the 1.5 BPHD's Health Community Health provide materials; offer
community. Educator will provide six sessions of classes and administer
the Food Manager's Class during FY test from DSHS.
2010.
6-42009
2.1 List of community
2.1 BPHD will continue to partnerships will be
improve and increase partnerships maintained and updated
with local agencies, regional, and 2.1 BPHD's Community Health as needed.
state stakeholders to assure a Educator will work directly with
comprehensive approach to community health agencies and groups
improving the health status of to implement effective solutions to
community residents. local public health issues and will
continue to identify potential
stakeholders; will continue to assist in 2.2 Directory and database
coordinating volunteers for identified list will be maintained
2.2 BPHD will maintain a health department's activities. and updated as needed.
comprehensive directory of
community health . agencies,
stakeholders and partnerships. 2.2 BPHD's Community Health
Educator will compile list of 2.3 Schedule of
community health organizations; academic meetings,
database will be reviewed as necessary trainings, and forums will
2.3 BPHD will continue and will be updated as needed. be maintained.
participation in professional and
academic forums according to
departmental goals and needs. 2.3 BPHD's Community Health
Educator will continue to actively
participate in professional forums and
meetings. (Gift of Life Breast Cancer
& Prostate Cancer Awareness
Program, Tobacco Coalition, Drug 2.4 Schedules of
Free Commission, American Cancer community events,health
Association, Southeast Texas Regional education sessions,
2.4 BPHD will directly assist Planning Commission); new liaisons health promotion
organizations and community With Jefferson County Tobacco and programs will be
efforts to implement effective Cessation Prevention Coalition, Rape maintained. List of
health education programs and and Suicide Prevention Coalition, community volunteers
services. Family Services of Southeast Texas, will be maintained.
and others will be established. Surveys or data
2.4 BPHD's Community Health collection concerning
Educator will work with community programs will be
organizations to implement effective analyzed and kept.
health education programs, activities,
and events. 3.1 Maintain and
update database of local
3.1 BPHD will maintain current public health partners
database of local public health including medical
partners responsible for volunteers.
developing public health policy.
3.2 Health advisories
3.1 Employee job descriptions and and alerts to health
3.2 BPHD will prepare and annual performance plans will identify partners will be
disseminate critical public health roles, responsibilities and evaluation maintained.
information to local public health standards regarding maintenance of
partners responsible for current databases of public health
developing ublic health policy. partners.
6-4-2009
3.3 List of meetings,
3.2 Preparation and dissemination of conference calls,
3.3 BPHD will meet with public critical public health information educational sessions, and
health partners through health alerts, health advisories satellite broadcasts will
at least yearly. and through the media. be maintained.
3.3 Meetings with public health
partners will be scheduled at least 3.4 Updated plan
annually. The Assistant Clinical maintained.
3.4 Participate in reviewing and Manager will document activities
revising current Emergency accomplished and periods for
Preparedness Response Plans. conducting those activities required by
the employee performance plans. The
plan will be discussed periodically
with the local Health Department
Director.
3.4 The Assistant Clinical Nurse
Manager will participate in updating
the Emergency Response Plan
annually.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute all documents
necessary to accept funding from the Department of State Health Services (DSHS)for the
RLSS-Local Public Health System Grant in the amount of$107,574 effective September
1, 2009 through August 31, 2010.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of
August, 2009.
- Mayor Becky Ames -
F
RICH WITH OPPORTUNITY
17L A►11 1�1 C1 114(
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Ingrid Holmes, Public Health Director
MEETING DATE: August 11, 2009
REQUESTED ACTION: Council consider authorizing the City Manager to execute
all documents necessary to accept funding for an
Immunization Grant from the Texas Department of State
Health Services.
RECOMMENDATION
Administration recommends Council approval.
BACKGROUND
The Texas Department of State Health Services (DSHS) has awarded the Beaumont Public
Health Department an Immunization Grant in the amount of$178,834.00. This Contract begins
09/01/2009 and ends on 08/31/2010.
BUDGETARY IMPACT
City would receive grant funding in the amount of$178,834.00.
0
DEPARTMENT OF STATE HEALTH SERVICES
ip
This contract, number 2010-031579 (Contract), is entered into by and between the Department
of State Health Services (DSHS or the Department), an agency of the State of Texas, and
BEAUMONT PUBLIC HEALTH DEPARTMENT (Contractor), a Government Entity,
(collectively,the Parties).
1. Purpose of the Contract. DSHS agrees to purchase, and Contractor agrees to provide,
services or goods to the eligible populations as described in the Program Attachments.
2. Total Amount of the Contract and Payment Method(s). The total amount of this Contract
is $178,834.00, and the payment method(s)shall be as specified in the Program Attachments.
3. Funding Obheation. This Contract is contingent upon the continued availability of funding.
If funds become unavailable through lack of appropriations, budget cuts, transfer of funds
between programs or health and human services agencies, amendment to the Appropriations Act,
health and human services agency consolidation, or any other disruptions of current appropriated
funding for this Contract, DSHS may restrict,reduce, or terminate funding under this Contract.
4. Term of the Contract. This Contract begins on 09/01/2009 and ends on 08/31/2010. DSHS
has the option, in its sole discretion, to renew the Contract as provided in each Program
Attachment. DSHS is not responsible for payment under this Contract before both parties have
signed the Contract or before the start date of the Contract, whichever is later.
5. Authority. DSHS enters into this Contract under the authority of Health and Safety Code,
Chapter 1001.
6. Documents Forming Contract. The Contract consists of the following:
a. Core Contract(this document)
b. Program Attachments:
2010-031579-001 IMMUNIZATION BRANCH -LOCALS
c. General Provisions (Sub-recipient)
d. Solicitation Document(s), and
e. Contractor's response(s) to the Solicitation Document(s).
f. Exhibits
Any changes made to the Contract, whether by edit or attachment, do not form part of the
Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein.
92648-1
7. Conflicting Terms. In the event of conflicting terms among the documents forming this
Contract, the order of control is first the Core Contract, then the Program Attachment(s), then the
General Provisions, then the Solicitation Document, if any, and then Contractor's response to the
Solicitation Document,if any.
8. Payee. The Parties agree that the following payee is entitled to receive payment for services
rendered by Contractor or goods received under this Contract:
Name: CITY OF BEAUMONT
Address: PO BOX 3827
BEAUMONT, TX 77704-3827
Vendor Identification Number: 17460002789023
9. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of
the Parties and that there are no agreements or understandings, written or oral, between them
with respect to the subject matter of this Contract, other than as set forth in this Contract.
By signing below, the Parties acknowledge that they have read the Contract and agree to its
terms, and that the persons whose signatures appear below have the requisite authority to execute
this Contract on behalf of the named party.
DEPARTMENT OF STATE HEALTH SERVICES BEAUMONT PUBLIC HEALTH
DEPARTMENT
By: By:
Signature of Authorized Official Signature
Date Date
Bob Burnette,C.P.M., CTPM
Printed Name and Title
Director, Client Services Contracting Unit
Address
1100 WEST 49TH STREET
AUSTIN, TEXAS 78756 City, State, Zip
(512)458-7470
Telephone Number
Bob.Burnette @Mshs.state.tx.us
E-mail Address for Official Correspondence
92648-1
CONTRACT NO. 2010-031579
PROGRAM ATTACHMENT NO. 001
PURCHASE ORDER NO. 0000351410
CONTRACTOR: BEAUMONT PUBLIC HEALTH DEPARTMENT
DSHS PROGRAM:IMMUNIZATION BRANCH - LOCALS
TERM: 09/01/2009 THRU: 08/31/2010
SECTION I. STATEMENT OF WORK:
Contractor shall continue to implement an immunization program for children,
adolescents, and adults, with special emphasis on accelerating interventions to improve
the immunization coverage of children two(2) years of age or younger(0 to 35 months of
age). Contractor shall incorporate traditional and non-traditional systematic approaches
designed to eliminate barriers, expand immunization capacity, and establish uniform
operating policies, as described herein.
Contractor shall plan and continue to implement community-based activities to
accomplish the required tasks as specified in the final, approved work plan (Exhibit A)
and according to guidelines specified in the DSHS Immunization Contractors Guide for
Local Health Departments (located at
http://www.dshs.state.tx.us/immunize/providers.shtm#resources).
Contractor shall be enrolled as a provider in the Texas Vaccines for Children Program
(TVFC) by the effective date of this program attachment, and must adhere to the TVFC
Operations Manual and associated TVFC policy guidelines provided by DSHS (located at
tittp://www.dslis.state.tx.us/immunize/tvfc/(vI'c__manual.shtm). Contractor shall comply
with written policies and procedures provided by DSHS in managing vaccines supplied
through the TVFC program, including guidelines for proper storage and handling of
vaccines and for safeguarding vaccine in the event of natural disaster.
Contractor shall report all reportable conditions as specified in 25 Texas Administrative
Code(TAC) Part 1 §§97.1-97.6 and §§97.101-97.102, and as otherwise required by law.
Contractor shall report all vaccine adverse event occurrences in accordance with the 1986
National Childhood Vaccine Injury Act (NCVIA) 42 U.S.C. § 300aa-25 (located at
http://vaers.hhs.gov/default.htm).
Contractor shall inform and educate the public about vaccines and vaccine-preventable
diseases, as described in the DSHS Immunization Contractors Guide for Local Health
Departments.
ATTACHMENT—Page 1
Contractor shall work to promote a health care workforce within the Local Health
Department's service area (including Contractor's staff) that is knowledgeable about
vaccines, vaccine safety, vaccine-preventable diseases, and delivery of immunization
services.
Contractor shall not deny vaccinations to recipients because they do not reside within
Contractor's jurisdiction or because of an inability to pay an administration fee.
Contractor shall comply with all applicable federal and state regulations and statutes,
including but not limited to:
0 Human Resources Code §42.043,VTCA;
9 Education Code§§38.001-38.002, VTCA;
• Health and Safety Code §§12.032, 81.023 and 161.001-161.009, VTCA;
25 TAC Chapter 97;
• 25 TAC,Chapter 96;
• 25 TAC,Chapter 100;
• 42 USC §§247b and 300 as-25; and
• Omnibus Budget Reconciliation Act of 1993,26 USC §4980B.
Contractor shall comply with current applicable state and federal standards, policies and
guidelines, including but not limited to DSHS's Standards for Public Health Clinic
Services, revised August 31, 2004 (located at
http://www.dshs.state.tx.us/qmb/default.shtm#public).
Contractor shall be responsible for conducting outreach regarding vaccinations for
children 19 through 35 months of age in the Contractor's jurisdiction which are included
on the list that will be distributed to Contractor by DSHS at the start of each tri-annual
reporting period (September 1, 2009,January 1, 2010, and May 1, 2010).
Contractor shall complete all required activities listed in the final, approved work plan,
attached as Exhibit A.
Contractor shall receive written approval from DSHS before varying from applicable
policies, procedures, protocols, and/or work plans, and must update and disseminate its
implementation documentation to its staff involved in activities under this contract within
forty-eight(48)hours of making approved changes.
SECTION 11. PERFORMANCE MEASURES:
The following performance measure(s) will be used, in part, to assess Contractor's
effectiveness in providing the services described in this Program Attachment, without
waiving the enforceability of any of the terms of the Contract:
ATTACHMENT—Page 2
• LHDs shall investigate and document, in accordance with DSHS Texas Vaccine-
Preventable Disease Surveillance Guidelines (located at
http://www.dshs.state.tx.us/idcu/health/vaccine preventable_diseases/resources/v
pd—guide.pdf) and NBS Data Entry Guidelines, 100% of suspected reportable
vaccine-preventable disease cases within thirty(30)days of notification.
• LHDs shall complete 100% of the follow-up activities, designated by DSHS, for
TVFC provider quality assurance site visits assigned by DSHS.
• LHDs shall contact and provide case management to 100% of the number of
hepatitis B surface antigen-positive pregnant women identified.
• LHDs shall contact 100% or 400 per FTE (whichever is fewer) families of
children who are not up-to-date on their immunizations according to the
ImmTrac-generated list provided to the LHD by DSHS at the beginning of each
reporting period.
• LHDs shall review 100% of monthly biological reports, vaccine order forms
(when applicable), and temperature logs for accuracy to ensure the vaccine supply
is within established maximum stock levels.
• LHDs shall complete 100% of child-care facility and Head Start center
assessments, in accordance with the Immunization Population Assessment
Manual, as assigned by DSHS.
• LHDs shall complete 100% of public and private school assessments,
retrospective surveys, and validation surveys, in accordance with the
Immunization Population Assessment Manual (copy to be provided by DSHS by
the effective date of this Program Attachment), as assigned by DSHS.
Contractor shall utilize the AFIX (Assessment, Feedback, Incentives, and eXchange)
methodology, found in the Immunization Quality Assurance Tool Resource Manual,
(located at http://www.dshs.state.tx.us/immunize/docs/QA_site__visit.pdt) to conduct
quality assurance site-visits for all sub-contracted entities and non-local health
department Women, Infant and Children (WIC) clinics. Assessment shall be done
using the DSHS Immunization Quality Assurance Site Visit tool provided by DSHS
and the Comprehensive Clinic Assessment Software Application (Co-CASH), as
specified by the DSHS Program. Contractor shall submit assessment results to the
designated DSHS Regional Immunization Program manager within two (2) weeks
after completion.
Contractor shall complete and submit tri-annual reports, utilizing a format provided by
the DSHS Program:
ATTACHMENT—Page 3
Report Type Reporting Period Report Due Date
Programmatic 9/1/09- 12/31/09 1/30/10
Programmatic 1/1/10—4/30/10 5/30/10
Programmatic 511110—8/31/10 09/30/10
Tri-annual reports should be submitted electronically to
dshsimmunizationcontracts @dstis.state.tx.us according to the time frames stated above.
SECTION III. SOLICITATION DOCUMENT:
Exempt—Governmental Entity
SECTION IV. RENEWALS:
DSHS may renew the Program Attachment for up to three (3) twelve-month terms at
DSHS's sole discretion.
SECTION V. PAYMENT METHOD:
Cost Reimbursement
Funding is further detailed in the attached Categorical Budget and, if applicable,
Equipment List.
SECTION VI. BILLING INSTRUCTIONS:
Contractor shall request payment using the State of Texas Purchase Voucher(Form B-13)
and acceptable supporting documentation for reimbursement of the required
services/deliverables. The Form B-13 can be found at the following link
littp://www.dshs.stat.e.tx.us/grants/forms/bI3form.doc. Vouchers and supporting
documentation should be mailed or submitted by fax or electronic mail to the
addresses/number below.
Department of State Health Services
Claims Processing Unit MC 1940
1 100 West 49''Street
P. O. Box 149347
Austin,Texas 78714-9347
The fax number for submitting State of Texas Purchase Voucher (Form B-13) to the
Claims Processing Unit is (512) 458-7442. The email address is
invoices @dshs.state.tx.us.
SECTION VII. SPECIAL PROVISIONS:
General Provision, Article III Funding Section 3.03,Use of Funds, is revised to include:
ATTACHMENT—Page 4
Funds shall not be used for purchase of vaccines, inpatient care, construction of
facilities,or debt retirement.
Travel expenses shall be reimbursed according to Contractor's written travel policy,
as submitted and approved with Contractor's FY2010 Application for Immunization
Funds. If no written travel policy was submitted, or if the submitted policy is not
approved by DSHS, travel expenses shall be reimbursed according to current state
travel regulations located at http://www.window.state.tx.us/comptrol/texastra.htm].
For immunization activities performed under this Program Attachment, General
Provisions, Article XU General Business Operations of Contractor Section 12.06,
Overtime Compensation, is replaced with the following paragraphs:
Contractor shall pay employees who are not exempt under the Fair Labor
Standards Act (FLSA), 29 USC, Chapter 8, §201 et seq., for overtime or
compensatory time at the rate of time and one-half per FLSA.
Contractor shall pay employees who are exempt under FLSA on a straight time
basis for work performed on a holiday or for regular compensatory time hours
when the taking of regular compensatory time off would be disruptive to normal
business operations.
Authorization for payment under this provision is limited to work directly related
to immunization activities and shall be in accordance with the amount budgeted in
this contract Attachment. Contractor shall document proper authorization or
approval for any work performed by exempt or non-exempt employees in excess
of forty(40)hours per work week.
General Provision, Article XU General Business Operations of Contractor Section
12.23,Property Inventory and Protection of Assets, is revised to include:
All equipment used by Contractor which is provided by DSHS shall be accounted
for as public property. The DSHS Program will investigate equipment loss,
destruction, or other waste and may require (at its discretion) Contractor to
replace or reimburse the DSHS Program. This provision does not waive any other
remedies legally available to DSHS regarding contract breaches.
General Provisions, Article XIR General Terms, Section 13.15 Amendment, is
amended to include the following:
Contractor must submit all amendment and revision requests in writing to the
Division Contract ManagementUnit at least 90 days prior to the end of the term of
this Program Attachment.
ATTACHMENT—Page 5
SECTION VIII. BUDGET:
SOURCE OF FUNDS: CFDA#93.268 and STATE
ATTACHMENT—Page 6
2010-031579-001
Categorical Budget:
PERSONNEL $105,294.00
FRINGE BENEFITS $65,315.00
TRAVEL $2,650.00
EQUIPMENT $0.00
SUPPLIES $0.00
CONTRACTUAL $0.00
OTHER $5,575.00
TOTAL DIRECT CHARGES $178,834.00
INDIRECT CHARGES $0.00
TOTAL $178,834.00
DSHS SHARE $178,834.00
CONTRACTOR SHARE $28,080.00
OTHER MATCH $0.00
Total reimbursements will not exceed $178,834.00
Financial status reports are due: 12/30/2009, 03/30/2010, 06/30/2010, 11/01/2010
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute all documents
necessary to accept funding for an Immunization Grant from the Texas Department of
State Health Services (DSHS) in the amount of$178,834.00 effective September 1, 2009
through August 31, 2010.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of
August, 2009.
- Mayor Becky Ames -
G
RICH WITH OPPORTUNITY
I'LA, �
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorne���
MEETING DATE: August 11, 2009
REQUESTED ACTION: Consider a resolution authorizing the settlement of the
lawsuit styled Kenneth Allison, et ux v. Mustang Tractor
and Equipment Company
RECOMMENDATION
Administration recommends approval of a resolution authorizing the settlement of a lawsuit
styled Kenneth Allison, et ux v. Mustang Tractor and Equipment Company, et al by accepting the
amount of$50,000.
BACKGROUND
This matter was most recently presented and discussed in Executive Session held on June 30,
2009. The City Attorney is requesting authority to settle this suit.
BUDGETARYIMPACT
The funds received will be deposited into the Solid Waste Fund.
II
RESOLUTION NO.
WHEREAS, the lawsuit styled Kenneth Allison and his wife. Genevieve Allison v.
Mustang Tractor and Equipment Company, et al was discussed in Executive Session
properly called and held Tuesday, June 30, 2009; and,
WHEREAS, the Council desires to authorize the settlement of the lawsuit styled
Kenneth Allison and his wife. Genevieve Allison v. Mustang Tractor and Equipment
Company, et al;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Attorney be, and he is hereby, authorized to settle the lawsuit styled
Kenneth Allison and his wife. Genevieve Allison v. Mustang Tractor and Equipment
Company, et al by accepting the sum of Fifty Thousand Dollars ($50,000).
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of
August, 2009.
- Mayor Becky Ames -
RICH WITH OPPORTUNITY
[I r ► �
T - E - X - A • S
REGULAR MEETING OF THE CITY COUNCIL
BEAUMONT CIVIC CENTER AUGUST 11, 2009 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/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider amending the FY 2009 Budget to appropriate monies in the General
Fund to be transferred to the Capital Reserve Fund, the Airport Fund and the
General Liability Fund
2. Consider amending the FY 2009 Budget to appropriate monies in the Solid Waste
Fund to be transferred to the General Liability Fund
3. Consider approving a contract for the purchase of uniforms for the Fire
Department
WORKSESSION
* Review and discuss a Severe Repetitive Loss Grant Program in participation with
FEMA
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:
Fannett Entertainment, L.L.C.
Beaumont Police Officers Association v. the City of Beaumont
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting.
1
August 11, 2009
Consider amending the FY 2009 Budget to appropriate monies in the General Fund to be
transferred to the Capital Reserve Fund, the Airport Fund and the General Liability Fund
R [CII WITH 0PPt)H "L:', fl1'Y
[I 11C
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: August 11, 2009
REQUESTED ACTION: Council consider amending the FY 2009 Budget
RECOMMENDATION
Administration recommends that Council amend the FY 2009 Budget to appropriate$2,206,000 in
the General Fund to be transferred to the Capital Reserve Fund, the Airport Fund and the General
Liability Fund.
BACKGROUND
By the end of Fiscal Year 2009, the fund balance in the General Fund is projected to be
approximately $28 Million. The proposed appropriation would be allocated as follows:
Transfer To: Proposed Amendment
Capital Reserve Fund $ 1,700,000
Municipal Airport Fund 106,000
General Liability Fund 400,000
Total General Fund Amendment $ 2,206,000
The Capital Reserve Fund is used for facility improvements as well as vehicle and equipment
purchases. Transferring$1.7 Million from the General Fund to Capital Reserve will allow the City
to use excess cash to fund enhancements to facilities throughout the City,equipment purchases and
fleet purchases in FY 2010. The City is not planning to transfer General Fund revenues to the
Capital Reserve Fund in the FY 2010 Budget.
The Municipal Airport Fund accounts for all of the revenue and expenditures related to the City's
municipal airport. The City received grant funding from the Texas Department of Transportation
in the amount of$50,000 with a required match of$50,000 on the part of the City to be used for
capital improvements at the Municipal Airport. Capital improvements made included a new roof on
the terminal building,door replacements on the hangars,and exterior lighting replacement as needed
throughout the facility. In addition, there were unanticipated major maintenance items that were
Budget Amendment
August 11, 2009
Page 2
addressed during the year including the repair of the landing and runway lighting and tree clearing
in the right-of-way of the landing area. The transfer of$106,000 will cover the City's portion of the
grant as well as the major maintenance that was performed.
The General Liability Fund accounts for all funding related to liability claims and lawsuit
settlements for the City.In anticipation of settlements projected for FY 2010,it is recommended that
$400,000 be transferred to cover these costs. No transfer will be proposed in the FY 2010 Budget.
BUDGETARY IMPACT
By the end of Fiscal Year 2009, fund balance in the General Fund is projected to be approximately
$28 Million. After making the recommended$2.2 Million transfer,the remaining fund balance will
be approximately $25.8 Million. This is a healthy fund balance for the General Fund providing
reserves for future unforeseen items and occurrences.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING THE FISCAL
BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL
YEAR 2009 TO TRANSFER $2,206,000 FROM THE
GENERAL FUND TO THE CAPITAL RESERVE FUND, THE
AIRPORT FUND AND THE GENERAL LIABILITY FUND;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
REPEAL.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1,
2008, through September 30, 2009, be and the same is hereby amended to appropriate
and transfer the sum of $2,206,000 from the fund balance in the General Fund to the
Capital Reserve Fund, the Airport Fund and the General Liability Fund as shown below:
Transfer To: Appropriation
Capital Reserve Fund $1,700,000
Municipal Airport Fund 106,000
General Liability Fund 400,000
Total General Fund Amendment $2,206,000
Section 2.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end the various portions and provisions of this ordinance are
declared to be severable.
Section 3.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of
August, 2009.
- Mayor Becky Ames -
i
2
August 11, 2009
Consider amending the FY 2009 Budget to appropriate monies in the Solid Waste Fund to be
transferred to the General Liability Fund
H1CIz lUI1'11 ()PP0HI'CNI
17L
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer VP
MEETING DATE: August 11, 2009
REQUESTED ACTION: Council consider amending the FY 2009 Budget.
RECOMMENDATION
Administration recommends that Council amend the FY 2009 Budget to appropriate$85,000 in the
Solid Waste Fund to be transferred to the General Liability Fund.
BACKGROUND
On July 28, 2009, Council approved a settlement in the amount of $235,000 related to a claim
involving a Solid Waste truck. Although each year a transfer is made from the Solid Waste Fund to
the General Liability Fund for such purposes, the transfer amounts were not adequate to cover the
settlement.
BUDGETARY IMPACT
The fund balance in the Solid Waste Fund is sufficient to support this transfer.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING THE FISCAL
BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL
YEAR 2009 TO TRANSFER $85,000 FROM THE SOLID
WASTE FUND TO THE GENERAL LIABILITY FUND;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
REPEAL.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1,
2008, through September 30, 2009, be and the same is hereby amended to appropriate
and transfer the sum of$85,000 from the Solid Waste Fund to the General Liability Fund.
Section 2.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end the various portions and provisions of this ordinance are
declared to be severable.
Section 3.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of
August, 2009.
- Mayor Becky Ames -
3
August 11, 2009
Consider approving a contract for the purchase of uniforms for the Fire Department
RICH WITH OPPORTUNITY
BEA,IIMON*
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: August 11, 2009
REQUESTED ACTION: Council consider authorizing the award of a contract for the
purchase of uniforms for the Fire Department.
RECOMMENDATION
The administration recommends the award of a contract to Lone Star Uniform, Inc., of Houston,
in the estimated amount of$184,808.
BACKGROUND
The Fire Department has wear-tested several brands of Nomex clothing and has determined that
the Fecheimer Flying Cross line offers the best value to the City.
Bids were solicited from four(4) authorized Fecheimer Distributors. Responses were received
from six (6)vendors. Two (2)bids did not meet specifications. The low bid, submitted by Tyler
Uniform Co., was withdrawn. Lone Star Uniform is the next low bid meeting all specifications.
The contract provides for Lone Star, Inc., to furnish Uniforms at the following fixed unit prices:
Description Est. Unit Price Total
Qty Estimated Cost
Mens S/S Shirts 1,000 $69.95/ea $69,995.00
Mens L/S Shirts 200 $82.95/ea $16,590.00
Womens S/S Shirts 10 $69.95/ea $699.50
Womens L/S Shirts 10 $82.95/ea $829.50
Mens Trousers 1200 $79.95/ea $95,940.00
Womens Trousers 10 $79.95/ea $799.50
BUDGETARY IMPACT
Funds are available in the Fire Department's operating budget.
BID TABULATION: PURCHASE NOMEX FIRE DEPT UNIFORMS
BID OPENING DATE: Thursday JuLY 23,2008
BID NUMBER: SF0609-27
Vendor TYLER UNIFORM LONE STAR UNIFORM ACE SAFETY APPL MONROE'S SAFETY APPL GST PUB SAFETY SUPPLY NIGHTS UNIFORM
C" /State QTY TYLER,TX HOUSTON TX BEAUMONT TX BEAUMONT TX GRAND PRAIRIE TX BEAUMONT TX
UNIT PR TOTAL UNIT PR TOTAL UNIT PR TOTAL UNIT PR TOTAL UNIT PR TOTAL L TL Pit TOTAL
MENS#9800 S/S SHIRTS 1000 $68.77 $68,770.00 $88.96 $69,M.00 $72.98 $72,980.00 $79.39 $79,390.00 $96.95 $96,950.00 $89.90 $89,900.00
MENS#9820 US SHIRTS 200 $78.67 $15,734.00 11182.96 $18,680.00 $86.24 $17,248.00 $93.83 $18,766.00 $148.95 $29,790.00 $124.90 $24,980.00
WOMENS#9810 S/S SHIRTS 10 $68.77 $687.70 $68.95 $689.60 $72.98 $729.80 $79.39 $793.90 $96.95 $969.50 $89.90 $899.00
WOMENS#9830 US SHIRTS 10 $78,67 $786.70 $82.95 $829.50 $86.24 $862.40 $92.62 $926.20 $114.95 $1,149.50 $124.90 $1,249.00
MENS#98200 TROUSER 1200 $78.22 $93,864.00 $78.95 $96,940.00 $78.23 $93,876.00 $85.11 $102,132.00 $113.95 $136,740.00 $124.90 $149,880.00
WOMENS#98250 TROUSER 10 $78.22 $782.20 $78.96 $788.60 $81.03 $810.30 $85.11 $851.10 $113.95 $1,139.50 $124.901 $1,249.00
TOTAL BID $180,624.60 $184,808.60 $186,506.50 $202,859.20 $266,738.50 $268,157.00
BID WITHDRAWN DOES NOT MEET SPEC DOES NOT MEET SPEC
MANUFACTURER FLYING CROSS FLYING CROSS WORKRITE WORKRITE FLYING CROSS FLYING CROSS
WARRANTY 1YR MFGR MFGR 1YR MFGR MFGR
DELIVERY 15-20 DAYS 30-45 DAYS 30 DAYS 12-15 DAYS 4 WKS ASAP
OTHER NA NO OVERSIZE CHARGES OVERSIZE CHARGES APPLY OVERSIZE CHARGES APPLY OVERSIZE CHARGES APPLY OVERSIZE+20%-30%
RESOLUTION NO.
WHEREAS, bids were solicited for a contract to furnish Nomex uniforms for the Fire
Department; and,
WHEREAS, Lone Star Uniform, Inc., of Houston, Texas, submitted a bid in the
estimated amount of$184,808 in the unit amounts shown below:
Description Est. Unit Price Total Estimated
Qty Cost
Mens S/S Shirts 1,000 $69.95/ea $69,950
Mens L/S Shirts 200 $82.95/ea $16,590
Womens S/S Shirts 10 $69.95/ea $700
Womens L/S Shirts 10 $82.95/ea $830
Mens Trousers 1200 $79.95/ea $95,940
Womens Trousers 10 $79.95/ea $800
and,
WHEREAS, City Council is of the opinion that the bid submitted by Lone Star
Uniform, Inc., of Houston, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Lone Star Uniform, Inc., of Houston, Texas, for a contract to
furnish Nomex uniforms for the Fire Department for an estimated cost of$184,808 in the
unit amounts shown above be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of
August, 2009.
- Mayor Becky Ames -
WORKSESSION
* Review and discuss a Severe Repetitive Loss
Grant Program in participation with FEMA
RICH WITH OPPORTUNITY
r
T . E • X • A • S City Council Work Session
TO: City Council
FROM: Kyle Hayes, City Manager
C �>
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: August 11, 2009
RE: Severe Repetitive Loss Grant Program
In the wake of Hurricane Ike, a grant was obtained to purchase and demolish 16 flooded homes in
the Pine Street area through FEMA's Hazard Mitigation Grant Program. A similar program, the
Severe Repetitive Loss (SRL) Grant Program, offers funding for acquisition and demolition or
elevation of SRL properties. SRL properties are defined as having at least four (4) flood damage
claims over $5,000 each and a cumulative amount of such payments that exceeds $20,000, or the
claims exceed the market value of the building. In other words,these are properties,whether inside
or outside a flood zone, whether recently flooded or not, that have flood insurance. The grant is
funded at the rate of 90%, with a 10% local match. Typically, the local match for this program is
provided by the property owners.
Attached is a map and listing of the thirty-three (33) properties on the preliminary SRL list. As
shown on the map and list, the properties are located across the city, with only a few clusters, and
represent a variety of sizes and values. The total appraised value from the Jefferson County Appraisal
District is $3,515,340. Ten percent (10%) of this value would be $351,534. The final appraised
value and match may be higher.
While the City is contacted from time to time from some of these property owners about being
bought-out, there are issues to consider. First, the thirty-three(33) properties would no longer be
on the tax roll, resulting in decreased tax payments of$22,498.18 to the City, based on the current
tax rate. Second, most of the properties are within established neighborhoods. Acquiring and
demolishing the buildings would leave vacant lots in perpetuity. Also,the City would be responsible
for keeping the grass mowed. At our current rates, paid to contractors, the annual cost would be
approximately $7,500. It's expected that these costs will continue to increase over the years.
SR .
STNAME STNUM LASTNAME FSTNAME LANDVAL IMPVAL ACRE
JOSEY 9240 AUSTIN JOHN 5490 98680 0.59
CHEROKEE 1265 SMITH JOEDNA 16070 96040 0.77
CORLEY 3166 NIXON WILBUR 2750 30300 0.18
MANION 8535 MORAVITS BRYAN 9880 112620 0.18
COOLIDGE 4295 SMITH FRANK 12380 112330 0.17
CORLEY 3140 FRANK EDWARD 2750 56700 0.18
CORLEY 3130 SCOTT EDWARD 2750 38260 0.19
PARK 4820 ALMAZAN ADAN 3750 65600 0.25
EUCLID 1876 DEQUIR ARTHUR 2450 28430 0.16
DOTY 9275 PIAZZA NIQUETTE 15680 73650 0.65
KENNETH 3650 BATISTE CAROL 3080 35360 0.16
GALVESTON 4795 BIAS LEO 2940 22290 0.16
ANITA 3940 POLLARD DORIS 1470 52480 0.16
CORLEY 3220 MALONE 1 2700 37930 0.17
CANDLESTICK 1340 PORTER REBECCA 14280 159840 0.25
SWIFT 4480 HOWARD LEWIS 3480 43020 0.16
CANDLESTICK 1360 FAHRION RICHARD 15790 156950 0.27
PHELAN 4420 STROUD INV. 61480 519700 0.926
LONGWOOD 5860 RACKI MATT 22000 172760 0.36
GROSS 9175 CHANTAPLIN NITRATORN 6470 99180 0.19
MONTEREY
SWEET GUM 2505 RENTALS 42110 394800 1.23
PARK 4825 JACKSON GWYNN 3750 84040 0.25
MICHELLE 1795 PANCHAL MADHU 17580 146060 0.36
CARTWRIGHT 2075 ISOM MELISSA 3680 103840 0.25
BRYAN 3790 JOHNSON SAM 7280 49310 0.23
IV LYNWOOD 2455 ROMAR CURTIS 3660 63300 0.16
CORLEY 3195 KENNEBREW ROSIE 3750 61590 0.26
ZAVALLA 720 ARCENEAUX VINCENT 9310 79750 0.36
CORLEY 3210 JOHNSON MARY 2700 53180 0.17
22ND 515 RUBAIY KEITH 35000 91250 0.36
N LYNWOOD 2445 MOUTON BUSTER 3660 35980 0.16
340120 3175220 9.916
Total: $3,515,340
10% Match $351,534
C ommunity Development Department g. ...............
EA�ii_M9�
Severe Re petlitve LOSS SRL )
Preliminary List
East Lucas
Folsom •
•
Gladys
• •
Phelan
•
• Corley
•
Washington •
•
•
•
Cardinal Dr
N
W E
S
BEAUMON*
Community Development Department T . E . x . A •