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HomeMy WebLinkAboutPACKET SEP 14 2010 RICH WITH OPPORTUNITY IIEA,UMON* T * E * % * A * S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 14,2010 1:30 P.M. CONSENT AGENDA * Approval of minutes- September 7,2010 * Confirmation of committee appointments A) Authorize the City Manager to exercise an option to extend the current banking services agreement for one additional year B) Approve a contract for the purchase of Limestone Base Material for use by the Streets and Drainage Division C) Approve a contract for the purchase of water treatment chemicals for use by the Water Utilities Department A RICH WITH OPPORTUNITY r 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: September 14, 2010 REQUESTED ACTION: Council consider exercising an option to extend the current banking services agreement for one additional year. RECOMMENDATION Administration recommends Council authorize the City Manager to exercise an option to extend the current banking services contract with Capital One Bank for an additional year. BACKGROUND In October 2006,the City entered into a three-year banking services agreement with Capital One Bank. The term of the agreement was for three years, expiring September 30, 2009,but included two (2) one-year options to extend the agreement. On September 8, 2009, the Council approved exercising the first of two (2) options to extend the agreement with Capital One. The City's relationship with Capital One Bank has been very good. Staff is pleased with the services and fees that Capital One Bank offers. William Koch of Valley View Consulting, our investment management consulting firm, specializes in developing requests for proposals for banking services agreements and review of the agreements. He has reviewed our agreement and fees with Capital One Bank, and it is also his recommendation that we exercise the option to extend the agreement for another year. BUDGETARYIMPACT The banking services fees will remain the same during the additional year of the agreement. Funds are included in the Finance Department's operating budget. RESOLUTION NO. WHEREAS, on August 29, 2006, City Council passed Resolution No. 06-255 authorizing the execution of a depository agreement with Capital One Bank for the period commencing October 1, 2006, to September 30, 2009, with two (2)additional one (1)year renewal options by mutual consent of both parties; and WHEREAS, on September 8, 2009, City Council passed Resolution No. 09-267 exercising the first one (1) year renewal option; and WHEREAS, the City wishes to exercise the second one (1) year renewal option; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the City Manager be and he is hereby authorized to exercise an option to extend the current Bank Depository Agreement with Capital One Bank for one (1) additional year. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of September, 2010. - Mayor Becky Ames - B RICH WITH OPPORTUNITY BEAUMOK* T • Z . X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager / PREPARED BY: Laura Clark, Chief Financial Officero- MEETING DATE: September 14, 2010 REQUESTED ACTION: Council consider authorizing the award of a contract for Limestone Base Material. RECOMMENDATION The administration recommends the award of a six(6)month contract for Limestone Base Material to Transit Mix Concrete and Materials, Co., of Beaumont. Total estimated value of this contract is$85,125. BACKGROUND Bids were requested for a six(6)month contract for limestone base material for use by the Streets and Drainage Department. The material is used as a base for street repair. A map dividing the City into four(4)zones was provided to the vendors,with pricing for delivery to each zone requested, and for City pick-up at the Vendor's plant. Bids were requested from five(5)vendors, one(1)responded with a bid outlined below. Transit Mix has satisfactorily held all or portions of this contract in prior years. This contract represents an approximate $3,800 reduction from the last contract. OW _ Plant site Pick Up 300 Taos $15.75 $4,725.00 Delivery to Job site Zmes 14 4,000 Taos $20.10 $80,400.00 BUDGETARY EWPACT Funds are available in the Streets and Drainage Department operating budget. RESOLUTION NO. WHEREAS, bids were solicited for a six (6) month contract for the purchase of limestone base material for use by the Streets and Drainage Division; and, WHEREAS,Transit Mix Concrete and Materials Co.of Beaumont,Texas,submitted a bid in the unit amounts shown below for an estimated expenditure of$85,125: Plant site Pick Up $15.75/ton Delivery to Job site Zones 1-4 $20.10/ton and WHEREAS, City Council is of the opinion that the proposal submitted by Transit Mix Concrete and Materials Co. of Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the bid submitted by Transit Mix Concrete and Materials Co. for a six (6) month contract for the purchase of limestone base material in the unit amounts shown above for an estimated expenditure of $85,125 for use by the Streets and Drainage Division be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of September, 2010. - Mayor Becky Ames - C RICH WITH OPPORTUNITY BEAUMON* T • $ • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Merge' PREPARED BY: Laura Clark, Chief Financial Officer lY MEETING DATE: September 14, 2010 REQUESTED ACTION: Council consider the award of a contract for the purchase of water treatment chemicals. RECOMMENDATION The Administration recommends the award of a six(6)month contract to vendors as reflected below with an estimated total expenditure of$41,343. BACKGROUND Bids were requested for a six(6)month contract for water treatment chemicals for use by the Water Utilities Department. The chemicals included in this bid are fluorosilicic acid and aqua ammonia. These chemicals are used to disinfect and purify the City's water supply. Bids were requested from eight(8)vendors, six(6)responded with bids as indicated in the attached bid tabulations. The products of each bidder recommended for award meets all specifications. The contract provides for the vendors to furnish water treatment chemicals at the following fixed prices: Vendor Chemical Estimated Unit Price Total QuaStity Harcross, Chemical Fluorosilicic 33 tons $584.00 $19,272.00 Pasadena, TX Acid Southern Ionics, Inc. Aqua Ammonia 30 tons $735.71 $22,071.30 West Point, MS TOTAL ESTIMATED SIX(6)MONTH EXPENDITURE $41,343.30 Six(6)Month Contract for Water Treatment Chemicals September 14, 2010 Page 2 BID TABULATION: FLUOROSILICIC ACID VENDOR UNIT PRICE TOTAL PRICE per ton 33 tons Harcross, Chemical $584.00 $19,272.00 Pasadena, TX DXI Industries,Inc. $690.00 $22,770.00 Houston, TX Key Chemical, Inc. $693.89 $22,898.37 Waxhaw,NC Pencco, Inc. $699.00 $23,067.00 San Felipe, TX BID TABULATION: AQUA AMMONIA VENDOR UNIT PRICE TOTAL PRICE per ton 30 tons Southern Ionics, Inc. $735.71 $22,071.30 West Point, MS GC3 Specialty Chemical $805.00 $24,150.00 Houston, TX BUDGETARY IMPACT Funds are available for this expenditure in the Water Utilities Department's operating budget. RESOLUTION NO. WHEREAS, bids were solicited for a six(6)month contract for the purchase of water treatment chemicals for use by the Water Utilities Department; and, WHEREAS,the following vendors submitted bids for an estimated total expenditure of$41,343.30 in the unit amounts shown below: Vendor Chemical Estimated Unit Price Total Quantity Harcross, Chemical Fluorosilicic 33 tons $584.00 $19,272.00 Pasadena, TX Acid Southern Ionics, Inc. Aqua 30 tons $735.71 $22,071.30 West Point, MS Ammonia ; and WHEREAS, City Council is of the opinion that the bids submitted by Harcross Chemical, of Pasadena, Texas, for the purchase of fluorosilicic acid and Southern Ionics, Inc., of West Point, Mississippi, for the purchase of aqua ammonia in the unit prices shown above for an estimated total expenditure of$41,343.30 should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the bids submitted by Harcross Chemical, of Pasadena, Texas, for the purchase of fluorosilicic acid and Southern Ionics, Inc., of West Point, Mississippi, for the purchase of aqua ammonia in the unit prices shown above for an estimated total expenditure of $41,343.30 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of September, 2010. - Mayor Becky Ames - RICH WITH OPPORTUNITY BEA,UMON* T - E - % - A - S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 14,2010 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition: * Public Comment: Persons may speak on scheduled agenda items 1-4/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider amending Section 28-50,Water Service Rates and Section 28-51, Wastewater Service Rates of the Code of Ordinances 2. Consider amending Chapters 6 and 10 of the Code of Ordinances,providing local amendments to the 2009 International Building and Fire Codes and amending Chapter 11,providing local amendments to the Texas Department of Health Bureau of Food and Drug Safety"Texas Food Establishment Rules"regulating home day cares 3. Consider authorizing the City Manager to enter into a contract with the Texas Water Development Board to receive funding from FEMA's Severe Repetitive Loss Grant Program 4. Consider approving a contract for the purchase of Sodium Hydroxide for use by the Water Utilities Department WORKSESSION * Review and discuss a possible advisory or review board for the Police Department COMMENTS * Councihnembers/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: Erik Kvarme, et al,vs. The City of Beaumont, et al Kevin Roach v. City of Beaumont City of Beaumont v. James Mathews State of Texas v. James Mathews,Jr. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting. 1 September 14,2010 Consider amending Section 28-50, Water Service Rates and Section 28-51, Wastewater Service Rates of the Code of Ordinances RICH WITH OPPORTUNITY IIEAIIMON* T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager j� PREPARED BY: Laura Clark, Chief Financial OfficerU`� MEETING DATE: September 14, 2010 REQUESTED ACTION: Council consider amending Section 28-50, Water Service Rates and Section 28-51, Wastewater Service Rates of the Code of Ordinances. RECOMMENDATION Administration recommends approval of an increase in the water and sewer rates by six percent (6%), effective October 1, 2010, and amending the ordinance to change the billing structure for apartment complexes and mobile home parks. BACKGROUND The Water Utilities Department has been and is continuing to undertake a major capital improvement effort to enhance the water and sewer system. Many of the capital improvements are required to meet State and Federal regulations. The six percent(6%)rate increase is needed to effectively operate the water system and to provide for the necessary debt service associated with water and sewer system projects. On April 7, 2009, Council approved a change in the billing structure for apartments and mobile home parks whereby the water and sewer would be charged on a per unit basis on no more than 75% of the overall units and the change would be made in three (3)phases. The proposed amendment now is to make the second phase effective October 1, 2010 and the final phase effective April 1, 2011. Water and Wastewater Service Rate September 14, 2010 Page 2 After the proposed amendment, Section 28-50 (d) will read as follows: (d) Upon the effective date of each of three (3)phases, October 1, 2009, October 1, 2010, and April 1, 2011, apartment complexes and mobile home parks with four(4) or more units shall be billed a minimum monthly water service rate of: Effective October 1, 2009: (75%of the number of units)x Minimum monthly water service rate for a 5/8 inch meter 3 Effective October 1, 2010: (75%of the number of units)x Minimum monthly water service rate for a 5/8 inch meter 2 Effective April 1, 2011: (75%of the number of units)x Minimum monthly water service rate for a 5/8 inch meter The minimum monthly water service rate includes the volume as calculated below: (75%of the number of units)x 1000 gallons Additional usage will be billed based on rates set by the Ordinance. After the proposed amendment, Section 28-51(f)will read as follows: (F) Upon the effective date of each of three (3)phases, October 1, 2009, October 1, 2010, and April 1, 2011, apartment complexes and mobile home parks with four(4) or more units shall be billed a minimum monthly wastewater service rate of. (Effective October 1, 2009: (75%of the number of units)x Minimum monthly wastewater service rate for a 5/8 inch meter 3 Effective October 1, 2010: (75%of the number of units)x Minimum monthly wastewater service rate for a 5/8 inch meter 2 Effective April 1, 2011: (75%of the number of units)x Minimum monthly wastewater service rate for a 5/8 inch meter Water and Wastewater Service Rate September 14, 2010 Page 3 The minimum monthly wastewater service rate includes the volume as calculated below: (75%of the number of units)x 1000 gallons Additional usage will be billed based on rates set by the Ordinance. BUDGETARY IMPACT The proposed rate increase is projected to increase water and sewer revenues by$2.1 Million for FY 2011, and the final two phases of the change in billing structure for apartment complexes and mobile home parks are expected to increase revenue by $400,000. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28, SUBSECTIONS 28-50(a)AND (d)AND 28-51(a)AND(f), OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO INCREASE WATER AND WASTEWATER RATES EFFECTIVE OCTOBER 1,2010ANDTO CHANGE THE BILLING STRUCTURE FOR APARTMENT COMPLEXES AND MOBILE HOME PARKS; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28, Subsections 28-50(a) and (d) of the Code of Ordinances of the City of Beaumont be and the same are hereby amended to read as follows: Sec. 28.50. Water service rates. (a) Effective October 1, 2010, the following rates per month shall be the rates charged for water service furnished to customers within and outside of the corporate limits of the city except as provided in paragraph (b) of this section. Meter Size/Inches Inside City Rate Outside City Rate 5/8 $ 10.23 $ 15.36 1 11.32 16.98 11/2 12.42 18.61 2 15.50 23.26 3 31.49 47.25 4 38.18 57.26 6 68.82 103.20 8 94.65 141.96 10 130.25 195.39 12 162.38 243.58 Usage Rate First 1,000 Gallons Minimum Minimum Over 1,000 Gallons $ Per 1000 Gallons $3.46 $5.19 Meter Size/Inches Inside City Rate Outside City Rate 5/8 $ 6.53 $ 9.78 1 6.65 9.95 1 1/2 6.75 10.11 2 7.34 10.99 3 8.30 12.44 4 12.16 18.25 6 19.93 29.86 8 24.35 36.55 10 33.22 49.81 12 42.07 63.08 Usage Rate First 1,000 Gallons Minimum Minimum Over 1,000 Gallons $ Per 1000 Gallons $3.10 $4.71 (f) Upon the effective date of each of three (3) phases, October 1, 2009, October 1, 2010, and April 1, 2011, apartment complexes and mobile home parks with four (4) or more units shall be billed a minimum monthly wastewater service rate of: Effective October 1, 2009: (75% of the number of units) x Minimum month wastewater 3 service rate for a 5/8 inch meter Effective October 1, 2010: (75% of the number of units) x Minimum monthly wastewater 2 service rate for a 5/8 inch meter Effective April 1, 2011: (75% of the number of units) x Minimum monthly wastewater service rate for a 5/8 inch meter The minimum monthly wastewater service rate includes the volume as calculated below: (75% of the number of units) x 1000 gallons (d) Upon the effective date of each of three (3) phases, October 1, 2009, October 1, 2010, and April 1, 2011, apartment complexes and mobile home parks with four (4) or more units shall be billed a minimum monthly water service rate of: Effective October 1, 2009: (75% of the number of units) x Minimum monthly water service 3 rate for a 5/8 inch meter Effective October 1, 2010: (75% of the number of units) x Minimum monthly water service 2 rate for a 5/8 inch meter Effective April 1, 2011: (75% of the number of units) x Minimum monthly water service rate for a 5/8 inch meter The minimum monthly water service rate includes the volume as calculated below: (75% of the number of units) x 1000 gallons Additional usage will be billed based on rates set by the Ordinance. Section 2. That Chapter 28, Subsections 28-51(a) and (f), of the Code of Ordinances of the City of Beaumont be and the same are hereby amended to read as follows: Sec. 28-51. Wastewater service rates. (a) Effective October 1, 2010, the following rates per month shall be the rates charged for wastewater services furnished to customers within and outside of the corporate limits of the city where the wastewater produced by such customers is a normal strength wastewater (150 mg/1lb) except as provided in paragraph (b) of this section. Additional usage will be billed based on rates set by the Ordinance. Section 3. All ordinances or part of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of September, 2010. - Mayor Becky Ames - 2 September 14,2010 Consider amending Chapters 6 and 10 of the Code of Ordinances,providing local amendments to the 2009 International Building and Fire Codes and amending Chapter 11,providing local amendments to the Texas Department of Health Bureau of Food and Drug Safety"Texas Food Establishment Rules"regulating home day cares RICH WITH OPPORTUNITY BEAUMON* T • $ • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: September 14, 2010 REQUESTED ACTION: Council consider amending Chapters 6 and 10 of the Code of Ordinances, providing local amendments to the 2009 International Building and Fire Codes and amending Chapter 11, providing local amendments to the Texas Department of Health Bureau of Food and Drug Safety "Texas Food Establishment Rules" regulating home day cares. RECOMMENDATION Administration recommends approval. BACKGROUND Historically,home day cares,having five(5)or fewer children,have been allowed to operate within the city,with limited regulations. Recently,the City has become aware that approximately thirteen (13)home day cares are operating with six(6)or more children with a license from the State,but without approval from the City. Following a Council Work Session,staff has prepared local amendments to the 2009 International Building and Fire Codes and Texas Department of Health Bureau of Food and Drug Safety"Texas Food Establishment Rules". Existing home day cares would be deemed compliant,provided they are licensed or registered by the State and obtain a Certificate of Occupancy from the City. All new home day cares, licensed or registered by the State, would be required to obtain a Specific Use Permit and a Certificate of Occupancy to open.Hardwired smoke detectors would be required in these new home day cares. Inspections for smoke detectors, fire extinguishers and other safety items would be conducted annually by the Fire Department. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTERS 6, 10 AND 11 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO PROVIDE FOR REGULATION OF IN-HOME CHILD CARE CENTERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL;AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 6, Section 6-21, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended by adding local amendments to the 2009 International Building Code to read as follows: Sec. 6-21. Amendments to code. Section 310.1, Residential Group R, of the International Building Code is hereby amended by adding Sections 310.1.1 and 310.1.2 to read as follows: Section 310.1.1. Licensed Child Care Home. Shall be licensed by the Texas Department of Family and Protective Services. Licensed child care homes shall be allowed in a single family residence with a specific use permit and a certificate of occupancy. All licensed child care homes shall have yearly inspections from the fire marshal's office. Licensed child care homes shall also comply with Section R314.4 of the 2009 International Residential Code, Power source: Smoke alarms shall receive their primary power from the building's wiring when such wiring is served from a commercial source and, when primary power is interrupted, shall receive power from a battery. Wiring shall be permanent and without a disconnecting switch other than those required for over current protection. Smoke alarms shall be interconnected. Section 310.1.2. Registered Child Care Home. Shall be licensed by the Texas Department of Family and Protective Services. Registered child care homes shall be allowed in a single family residence with a specific use permit and a certificate of occupancy. All registered child care homes shall have yearly inspections from the fire marshal's office. Registered child care homes shall also comply with Section R314.4 of the 2009 International Page 1 Residential Code, Power source: Smoke alarms shall receive their primary power from the building wiring when such wiring is served from a commercial source and, when power is interrupted, shall receive power from a battery. Wiring shall be permanent and without a disconnecting switch other than those required for over current protection. Smoke alarms shall be interconnected. Section 310.2 is hereby amended by adding definitions to read as follows: Licensed Child Care Home. The primary care giver provides care in the care giver's own residence for children from birth through thirteen (13) years on a twenty-four(24) hour basis. The total number of children in care varies with the ages of the children, but the total number of children in care at any given time, including the children related to the care giver, must not exceed twelve (12). These Licensed child care homes shall be classified as R-3 residential occupancies. Registered Child Care Home. The primary care giver provides regular care in the care giver's own residence for not more than six (6)children from birth through thirteen (13)years for less than twenty-four(24) hours and may provide care after school hours for not more than six (6) additional elementary schoolchildren. The total number of children in care at any given time, including the children related to the care giver, must not exceed twelve (12). These Registered child care homes shall be classified as R-3 residential occupancies. Section 2. That Chapter 10, Section 10-2, be and the same is hereby amended by adding a local amendment to the 2009 International Fire Code to read as follows: Sec. 10-2. Amendments to code. Chapter 2, Section 202, General Definitions, Occupancy Classification, Residential Group R, R3, is hereby amended by adding the following definitions: Registered Child Care Home. The primary care giver provides regular care in the care giver's own residence for not more than six (6) children from birth through thirteen (13) years for less than twenty-four (24) hours; and may provide care after school hours for not more than six (6) additional elementary schoolchildren. The total number of children in care at any given Page 2 time, including the children related to the care giver, must not exceed twelve (12). These Registered child care homes shall be classified as R-3 residential occupancies. Licensed Child Care Home. The primary care giver provides care in the care giver's own residence for children from birth through thirteen (13) years on a twenty-four(24) hour basis. The total number of children in care varies with the ages of the children, but the total number of children in care at any given time, including the children related to the care giver, must not exceed twelve (12). These Licensed child care homes shall be classified as R-3 residential occupancies. Chapter 3. That Chapter 11, Section 11-1.1, be and the same is hereby amended by adding a local amendment to the Texas Department of Health Bureau of Food and Drug Safety, "Texas Food Establishment Rules," to read as follows: Sec. 11-1.1. Same--Amendments. The Texas Department of Health Bureau of Food and Drug Safety, "Texas Food Establishment Rules," are hereby amended as follows: Section 229.162 is hereby amended to change the definition of"child care center" to read as follows: Child care center—Any facility licensed by the regulatory authority to receive 6 or more children for child care which prepares food for on-site consumption, excluding in-home day cares. Section 4. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Page 3 Section 5. That if any section, subsection, sentence, clause of 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 6. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 7. That any person who violates any provision of this ordinance shall, upon conviction, be punished by a fine not exceeding Two Thousand Dollars ($2,000). Chapter 8. This Ordinance shall be effective from and after publication in accordance with the Charter of the City of Beaumont. Chapter 9. All state licensed or registered home based day cares in existence at the time of the effective date of this Ordinance are considered to be lawful. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of September, 2010. - Mayor Becky Ames - Page 4 3 September 14,2010 Consider authorizing the City Manager to enter into a contract with the Texas Water Development Board to receive funding from FEMA's Severe Repetitive Loss Grant Program RICH WITH OPPORTUNITY BEAUMO-N* T • $ • X e A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: September 14, 2010 REQUESTED ACTION: Council consider authorizing the City Manager to enter into a contract with the Texas Water Development Board (TWDB)to receive up to $1,256,370.03 in funding from FEMA's Severe Repetitive Loss Gram Program. RECOMMENDATION Administration recommends approval. BACKGROUND Recently,the City applied for funds from the Severe Repetitive Loss(SRL)Flood Buyout Program. This program provides funding to purchase properties that have flood insurance,but repeatedly flood, resulting in claims. The program provides 90% of the funding for the acquisition, demolition and relocation, with the a required 10%local match. During consideration of this application,the City Council indicated that the 10%local match should come from the owner's proceeds from the purchase of the properties. As any buyout program is voluntary, a survey was sent out to all of the owners on the SRL list to determine the level of interest in a buyout program, with a majority responding favorably. Following this, each resident was fin thher evaluated for eligibility, according to FEMA guidelines, and each eligible applicant was contacted. The result found that the following properties met the cost-benefit and eligibility analysis and are included in the contract: 1. 720 Zavalla 6. 9175 Gross 2. 2075 Cartwright 7. 4825 Park 3. 2445 N. Lynwood 8. 5765 Longwood 4. 3650 Kenneth 9. 8535 Manion 5. 9275 Doty BUDGETARY E"ACT None. RESOLUTION NO. I BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a contract, substantially in the form attached hereto as Exhibit 'A" with the Texas Water Development Board to receive up to $1,256,370.03 from FEMA's Severe Repetitive Loss Grant Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of September, 2010. - Mayor Becky Ames - I STATE OF TEXAS TWDB Contract No: 1000011128 COUNTY OF TRAVIS Severe Repetitive Loss Project Grant This Contract(baeinafter"CONTRACT")is entered into by and between the TEXAS WATER DEVELOPMENT BOARD(hereinafter"TWDW),serving as Orator for the Federal Emagoncy Management Administration's(hereinafter"FEMA")Severe Repetitive Loss program(hereinafter"SRL")and City of Beaumont hereinafter("CONTRACTOR"),the Grantee. DkFINITIONS: For the purposes of the CONTRACT and this Memorandum of Contract,the following teems or phrases shalt have the meaning ascribed therewith: A. TWDB-The Texas Water Development Board,or its designated representative B. FEMA—Federal Emergawy Management Administration C. SRL—Severe Repetitive Loss D. CONTRACTOR—City of Beaumont E. EXECUTIVE ADMINISTRATOR-The Executive Administrator for the TWDB or his designated representative F. PARTICIPANT(S)—Jefferson County,City of Beaumont G. REQUIRED INTERLOCAL AGREEMENT(S)—N/A H. TWDB APPROVAL DATE—May 20,2010 I. PROJECT AREA-The project area is more specifically defined in Exhibit B(the original grant application). J. DEADLINE FOR CONTRACT EXECUTION—September 16, 2010 K. CONTRACT EFFECTIVE DATE— FEMA APPROVAL DATE—August 9,2010 L. PROJECT COMPLETION DATE—May 13,2013 M. TOTAL PROJECT COSTS-S1,256,370.03 Section 1,Page 1 of 2 EXHIBIT "A" N. FEDERAL SHARE OF THE TOTAL PROJECT COSTS-Not to exceed S 1,130,732.63,or ninety percent(90%)of the total project costs. O. LOCAL SHARE OF THE TOTAL PROJECT COSTS—S125,637AD,or not less than ten percent(10°x6)of the total project costs. P. PAYMENT REQUEST SUBMISSION SCHEDULE-Quarterly Q. OTHER SPECIAL CONDITIONS AND EXCEPTIONS TO STANDARD AGREEMENT OF THIS CONTRACT—N/A IN WITNESS WHEREOF,the parties have caused this CONTRACT to be duly executed in duplicate originals. TEXAS WATER DEVELOPMENT BOARD CITY OF BEAUMONT,TEXAS J.Kevin Ward Kyle Hayes Executive Administrator City Manager Date: Date: Section 1,Page 2 of 2 i III CONTRACT Number: 1000011128 TEXAS WATER DEVELOPMENT BOARD,Grantor and CITY OF BEAUMONT,Grantee for SEVERE REPETITVE LOSS Project Grant This CONTRACT is entered into by the Texas Water Development Board (TWDB),an agency of the State of Texas,located at 1700 N. Congress Avenue, Austin,Texas and City of Beaumont(CONTRACTOR},located at 801 Main Strut,Beaumont,Texas. The TWDB and the CONTRACTOR are the Parties to this the CONTRACT. ARTICLE 1. RECITALS WHEREAS,the CONTRACTOR applied through the TWDB for a FEMA project grant under the SELL prog=to mitigate specific flood problems as identified in Exhibit B,the original grant application which is incorporated herein and made a permanent part of this CONTRACT; WHEREAS,the CONTRACTOR and PARTICIPANTS will commit cash and/or i*4dnd services to pay for the LOCAL SHARE OF THE TOTAL PROJECT COSTS; WHEREAS,the CONTRACTOR is the entity who will act as administrator of the grant and will be responsible for the execution of this CONTRACT; WHEREAS,on the FEMA APPROVAL DATE, FEMA approved the CONTRACTOR's application for financial assistance; NOW,THEREFORE,the TWDB and the CONTRACTOR agree as follows: ARTICLE IL AGREEMENTS The United States of America,through the Director of FEMA,has agreed to fund to the CONTRACTOR,through the TWDB,the FEDERAL SHARE OF THE TOTAL PROJECT COSTS. By acceptance of the funds awarded,the CONTRACTOR ag ew to abide by the terms and conditions of this CONTRACT as set forth in this document and the documents identified therein and made a part hereof by reference,including the federal laws and rules fisted in Exhibit A. ARTICLE III. PERIOD OF PERFORMANCE The period of performance of this CONTRACT shall be from the CONTRACT EFFECTIVE DATE to the PROJECT COMPLETION DATE,unless otherwise amended. Section II, Page 1 of 8 ARTICLE IV. FEDERAL LAWS AND RULES THAT APPLY FEMA requires all grant recipients to comply with federal laws and rules. These federal laws and rules are listed in Exhibit A,which is incorporated herein and made a permanent part of this CONTRACT. CONTRACTOR will comply with all federal laws and rules listed in Exhibit A. Copies of those federal laws and rules are available upon request. ARTICLE V. TERMS AND CONDITIONS The specific terms and conditions of this CONTRACT are as follows: 1. The TWDB shall reimburse the CONTRACTOR for costs determined by FEMA to be allowable,allocable,and reasonable in accordance with OMB Circular A-87. 2. To request rreimbunanent hereunder,the CONTRACTOR shall submit an original Request for Reimbursement Form,a Project status report,and an original Financial Status Report Form(FEMA Form 20-101 to the TWDB's contract manager for this CONTRACT. Each voucher shall show the CONTRACT NUMBER,costs for the billing period,and costs to date. 3. The CONTRACTOR shall follow prior approval requirements found in 44 CFR Part 13.30. 4. The grant is conditioned upon compliance with the National Environmental Policy Act (NEPA)and related legislation as implemented under 44 CFR Part 10 such that the CONTRACTOR is precluded from drawing federal funds beyond administrative activities, preliminary feasibility studies or preliminary desigdengineering for individual projects until the envi o---- mtal and historic preservation reviews are complete and approved by FEMA. CONTRACTOR is encouraged to integrate NEPA compliance with the initial planning and decision making process for this program. S. The CONTRACTOR shall follow matching or cost sharing requirements found in 44 CFR Part 1324. b. The CONTRACTOR shall transfer to the TWDB,for return to FEMA,the appropriate sharc, based on the Federal support permtege,of any refund,rebate,credit or other accounts arising from the performance of this CONTRACT,along with ace ued interest,if any. The CONTRACTOR shall take necessary action to effect prompt collection of all monies due or which may become due and to cooperate with the TWDB and FEMA in any claim or suit in connection with the amounts due. 7. Prior to the start of any construction activity, the CONTRACTOR shall ensure that all applicable Federal,State,and local permits and clearances are obtained. Section 11,Page 2 of 8 S. The CONTRACTOR is free to copyright any original work developed in the course of or under this CONTRACT. The TWDB and FEMA reserve a royalty-free nonexclusive and irrevocable right to reproduce,publish,or otherwise use,and to authorize others to use,the work for governmental purposes. Any publication resulting from work performed under this CONTRACT shall include an acknowledgement of FEMA financial support and a statement that the publication does not necessarily reflect the views of FEMA or the TWDB. 9. No subsequent grants/cooperative agreements,monetary irxxeese amendments or time extension amendments will be approved unless all overdue financial or per&xmance reports have been submitted by the CONTRACTOR to the TWDB. Exceptions to this policy can by approved only by the Assistance Officer at FEMA. 10.The CONTRACTOR agrees by accepting fiords under this CONTRACT to comply with all provisions of 44 CFR 13.31,Equipment. FEMA Form 20-18,Govo mnent Property Form is to be used to report Government Property. instrcetions on which property items are to be reported should be provided in writing by the Assistance Officer at FEMA. 11.By executing this CONTRACT,the CONTRACTOR accepts the authority of the State Auditor's Office,under direction of the legislative audit committee,to conduct audits and investigations in connection with any and all state funds received pawsua nt to this contract. The CONTRACTOR shall comply with and cooperate in any such investigation or audit.The CONTRACTOR agrees to provide the State Auditor with saxes b any information the State Auditor considers relevant to the investigation or audit.The CONTRACTOR also agrees to include a provision in any subcontract related to this contract that requires the subaxrtractor to submit to audits and investigation by the State Auditor's Office in connection with any and all state fiords received pursuant to the subcontract. ARTICLE VI. DISTRIBUTING GRANT FUNDS 1. The TWDB agrees to compensate and reimburse the CONTRACTOR(S)in a total amount not to exceed the FEDERAL SHARE OF THE TOTAL PROJECT COSTS for costs incwTed and paid by the CONTRACTOR(S)pursuant to performance of this CONTRACT. The CONTRACTOR(S)will contribute local matching§ands in sources and amounts defined as the LOCAL SHARE OF THE TOTAL PROJECT COSTS. The TWDB shall reimburse the CONTRACTOR(S)for one hundred percent(100%)of FEMNs share of each invoice up to ninety percent(906A)of the total FEMA share pending the CONTRACTOR(S)'s performance and FEMA's review and approval,at which time the 1VDB shall pay the remaining ten percent(100%)to the CONTRACTOR(S). Notwithstanding the above reference paragraph,the TWDB may provide advance funds to the CONTRACTOR in order to minimize the time elapsing between the transfer of fiends and their disbursement by the CONTRACTOR. Such advance shall be in compliance with FEMA regulations,including but not limited to 44CFR§ 13.21(c). The CONTRACTOR understands and agrees that he has no right to such advances,but that TWDB,in its sole discretion,may from time to time agree to advance payments. Section 11,Page 3 of 8 2. The CONTRACTOR(S)shall submit payment requests and documentation for reimbursement billing according to the PAYMENT REQUEST SUBMISSION SCHEDULE and in accordance with the approved task and expense budget contained in Exhibit E to this CONTRACT. At the discretion of the TWDB and upon written memorandum to the contract file,the CONTRACTOR(S)has budget flexibility within task and expense budget categories to the extent that the resulting change in amount in any one task or expense category does not exceed 35%of the total authorized amount by this CONTRACT for the task or category. Larger deviations shall require approval by EXECUTIVE ADMINISTRATOR or designee which will be documented through an Approved Budget Memorandum to the TWDB contract file. The CONTRACTOR(S)will be required to provide written explanation for the overage and reallocation of the task and expense amount. For all reimbursement billings including any subcontractor's expenses,the EXECUTIVE ADMINISTRATOR must have determined that the REQUIRED INTERLOCAL AGREEMENT(S)and contracts or agreements between the CONTRACTOR(S)and the subcontractor are consistent with the terms of this CONTRACT. The CONTRACTOR(S)is fully responsible for paying all charges by subcontractors prior to reimburserriatt by the TWDB. 3. The CONTRACTOR(S)and its subcontractors shall maintain satisfactory financial accounting documents and records,including copies of invoices and rec cipts,and shall make them available for examination and audit by the EXECUTIVE ADMINISTRATOR. Accounting by the CONTRACTOR(S)and its subcontractors shall be in a manner consistent with generally accepted accounting principles. 4. Upon receipt of written request from the CONTRACTOR,the EXECUTIVE ADMINISTRATOR will advance to the CONTRACTOR twenty-five percent of the COMMITTED FUNDS,unless the CONTRACTOR requests and the EXECUTIVE ADMINISTRATOR approves advances of less than twent}-five percent. 5. When CONTRACTOR has paid expenses equal to the previous advance,the CONTRACTOR will submit a written request to the EXECUTIVE ADMINISTRATOR for another twenty-five percent advance of the FEDERAL SHARE OF THE TOTAL PROJECT COSTS(or less if requested and approved pursuant to Paragraph 6 of this Article). If the CONTRACTOR has expenses exceeding the amount of the previous advance,the TWDB shall reimburse the CONTRACTOR for the federal share of the amount of expenses which exceeds the amount of the previous advance Section II, Page 4 of 8 Any payments of expenses which the CONTRACTOR withholds from a subcontractor for the purposes of retainage,shall be considered to have been paid by the CONTRACTOR for purposes of determining expenses paid under the previous sentence.The CONTRACTOR will attach to the request a written performance report described in Article VIII,Item 1 of this Section,a listing of actual expenses incurred and documents showing payment of such expenses and statements or docuntents showing any interest earned on the previous advance. Any interest earned by the CONTRACTOR shall be considered as part of the Board's payment of FEDERAL SHARE OF THE TOTAL PROJECT COST and used only for TOTAL PROJECT COSTS. 6. A progress report and the following documentation which documents the TOTAL PROJECT COSTS for reimbursement by the TWDB to the CONTRACTOR(S)for the FEDERAL SHARE OF THE TOTAL PROJECT COSTS shall be submitted by the CONTRACTOR(S) to the EXECUTIVE ADMINISTRATOR for reimbursement billing: A. Summary of total expenses incurred including the following information: (1) CONTRACTOR's Vendor Identification Number, (2) TWDB CONTRACT Number, (3) Total expenses for the billing period;beginning(date)to ending(date); (4) Completed FEMA Form 20-10; (5) Completed FEMA Form 20-22; (6) Total In-kind services; (7) Total Services for this period; (8) Less LOCAL SHARE OF THE TOTAL PROJECT COSTS for the billing period; (9) Total FEDERAL SHARE OF THE TOTAL PROJECT COSTS for the billing period; (10) Amount of retainage to be withheld for the billing period; (11) Total costs to be reimbursed by the TWDB for the billing period;and (12)Certification,signed by the CONTRACTOR(S)authorized representative, that the expenses submitted for the billing period are a true and correct representation of amounts paid for work performed directly related to this contract. B. For direct expenses incurred by the CONTRACTOR(S)--documentation showing the tasks that were performed;the percent and cost of each task completed;a total cost figure for each direct expense category including labor,fringe,overhead, travel,communication and postage,technical and computer services,expendable supplies,printing and reproduction; and Section 11,Page 5 of 8 C. For direct expenses incurred by the CONTRACTOR(S) for outside consulting services--copies of invoices to the CONTRACTOR(S)showing the tasks that were performed;the percent and cost of each task completed;a total cost figure for each direct expense category including labor,(rings,overhead,travel, communication and postage,technical and computer services,expendable supplies,printing and reproduction;and the total dollar amount due to the consultant;and D. For travel and subsistence expenses, including such expenses for subcontractors— (1) names,dates,work locations,time periods at work locations,itemization of subsistence expanses of each employee,limited,however,to travel expenses authorized for state employees by the General Appropriations Act,Tex.Leg. Regular Session,2009,Article 1X,Part 5,as amended or superseded; (2) other transportation costs--copies of invoices covering tickets for transportation or,if not available,names,dates,and points of travel of individuals; and (3) all other reimbursable expenses--invoices or purchase vouchers showing reason for expense with receipts to evidence the amount incurred. ARTICLE VII. FINANCIAL REPORTS The CONTRACTOR shall submit an original and three(3)copies.of the Financial Status Report Form(FEMA Form 20-10),to the TWDB's contract manager within thirty(30)days following the end of each quarter of the project with the exception of the final Financial Status Report,which shall be due ninety(90)days after project completion. All other reporting requirements in accordance with Section 8 of the General Provisions for Grants and Cooperative Agreements,Exhibit C,are applicable. ARTICLE VIII. PERFORMANCE REPORTING 1. Quarterly. The CONTRACTOR shall submit peformance reporting in accordance with requirements specified in the Hazard Mitigation Assistance Program Guidance(HMAPG) manual that is published by the Federal Emergency Management Agency.(available at www.fema.Spv).The contractor shall submit an original and three(3)copies of the quarterly performance reporting and any supporting documentation to the TWDB's contract manager by the fifteenth(15th)day following the end of each quarter. All other reporting requirements in accordance with Section 9 of the Gencral Provisions for Grants and Cooperative Agreements, Exhibit C,are applicable. Section 11,Page 6 of 8 2. Final&%= The CONTRACTOR shall submit performance reporting in accordance with requirements specified in the HMAPG manual that is published by the Federal Emergency Management Agency(available at www.funa.gov).The contractor shall submit an original and three(3)copies of a final report and any supporting documentation which details all the work performed under the CONTRACT. The report shall be submitted within three(3) months of project completion. 3. The HMAPG manual is published by the Federal Emergency Management Agency annually (typically in June). Reporting requirements are subject to change as each HMAPG manual is published. The TWDB will provide the CONTRACOR with written cortespondmw with instructions on quarterly and final reporting requirements for this CONTRACT within thirty (34)days of the publication of each HMAPG manual. ARTICLE IX. NO DEBT AGAINST THE STATE This CONTRACT shall not be construed as mating any debt by or on behalf of the State of Texas and the TWDB,and ail obligations of the State of Texas are subject to the availability of funds. To the extent the performance of this CONTRACT transcends the biennium in which this CONTRACT is entered into,this CONTRACT is specifically contingent upon the continued authority of the TWDB and appropriations therefor. ARTICLE X.INSURANCE For the purposes of this CONTRACT,the CONTRACTOR will be considered an independent contractor and,thavfore,solely responsible for liability resulting from negligent acts or omissions. The CONTRACTOR shall obtain all necessary insurance, in the judgment of the CONTRACTOR,to protect itself,from liability arising out of this CONTRACT. ARTICLE XI. SEVERANCE PROVISION Should any one or more provisions of this CONTRACT be held to be null,void,voidable,or, for any reason whatsoever,of no force and effect,such provision(s)shall be corstrved as severable from the remainder of this CONTRACT and shall not affect the validity of all other provisions of this CONTRACT which shall remain in full force and effect. ARTICLE XII. SUSPENSION AND TERMINATION PROCEDURES If the CONTRACTOR fails to comply with the terms,conditions or standards of this CONTRACT,the TWDB may,upon written notice,temporarily suspend re payments pending corrective action by the CONTRACTOR or terminate the CONTRACT. Necessary ALLOWABLE COSTS that the CONTRACTOR could not reasonably avoid incurring during the period of suspension or after termination will be reimbursed pursuant to this CONTRACT. Section I1,Page 7 of 8 In addition,this CONTRACT may be terminated if both parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. If termination of the CONTRACT occurs,the procedures described in Item 12 of the Federal Emergency Management Agency General Provisions for Grants and Cooperative Agreements, Exhibit C,which is incorporated into this CONTRACT,will be followed. ARTICLE XIII. CORRESPONDENCE,REPORTS,AND BILLINGS All correspondence,reports,and billings related to this CONTRACT shall be made to the following addresses: For the TWDB: For the CONTRACTOR(S): Contract Issues: Contract Issues: Kathy Hopkins Chris Boone Flood Mitigation Planning Community Development Director Texas Water Development Board City of Beaumont P.O. Box 13231 801 Main Street Austin,Texas 78711-3231 Beaumont,Texas 77701 Email:gpntra wdb.state.tx.us Payment Request Submission: Payment Request Submission: Chris Boone Texas Water Development Board Community Development Director Attention: Accounts Payable City of Beaumont P.O. Box 13231 801 Main Street Austin,Texas 78711-3231 Beaumont,Texas 77701 Email:invoice rr twdb.state.tx.us Physical Address: Physical Address: City of Beaumont Stephen F. Austin State Office Building 801 Main Street 1700 N.Congress Avenue Beaumont,Texas 77701 Austin,Texas 78701 Section II,Page 8 of 8 Exhibit A Federal Larva and Rules FEMA,through its Grant Agreement with the Texas Water Development Board,requires all grant recipients to comply with the following federal laws and rules: 1. 44 CFR, Part 13: Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. 2. 44 CFR, Part 7: Nondiscrimination in Federal Assistance Programs 3. 44 CFR,Part 10: Environmental Considerations 4. 44 CFR, Part 14: Administration of Grants: Audits of State and Local Governments 5. 44 CFR,Part 17: Government-wide Debarment and Suspension(non-procurement)and Government-wide Requirements for Drug-Free Workplace 6. 44 CFR,Part 18: New Restrictions on Lobbying 7. 44 CFR,Subchapter B -Insurance and Hazard Mitigation 8. 44 CFR,Subchapter C-Fire Prevention and Control 9. 44 CFR,Subchapter D-Disaster Assistance 10.44 CFR,Subchapter E-Preparedness 11.44 CFR Section 205.6-Funding Techniques 12. Public Law 95-224-Federal Grant and Cooperative Agreement Act of 1997 13. Public Law 101-336-The Americans with Disabilities Act 14. Executive Order 12372- lnteapmanental Review of the Federal Emergency Management Agency Programs and Activities 15.OMB Circular A-102-Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments 16.OMB Circular A-87-Cost Principles for State and Local Governments 17.OMB Circular A-110-Uniform Administrative Requirements for Grants and Cooperative Agreements with Institutions of Higher Education,Hospitals,and Other Non-Profit Organizations 18.OMB Circular A-21 -Cost Principles for Educational Institutions 19.OMB Circular A-133- Audits of Institutions of Higher Education and Other Aeon-Profit Organizations 20. OMB Circular A-122-Cost Principles for Non-Profit Organizations 2I. OMB Circular A-123- Internal Control System 22.OMB Circular A-50-Audit Follow-up 23. FEMA Manual 2700.1 -Advance Financing Payment Systems Exhibit A,Page 1 of 1 Print Application Page 28 of 49 200.1 -Acquisition of Private Red Property(Strudures and Land)-Riverine Federal Share:$1,130,732.63 cost Imam None ClessMeabon y asure Unit utMs Unit Cost(_) Estimate(S) Mitigation dyer amount for 9 properties t.snd.Strudu es„Right-of-wsy 9.00 Each $113,913.11 $1,025,217.99 Appraisals Adminisbupwe Expense 9.00 Each $50000 $4,500.00 Acquisition Project Rep Fee Administrelive Expense 9.00 Each S 1,000.00 $9.000.00 Replacement Horne Supplement Land,Structures.Right-of-NW 9.00 Each $14.106.67 S 127.50003 Emkprrnentd hnspedion s(Asbesbs) Demolition And Removal 9.00 Each $450.00 $4,050.00 Demolition Demolition And Removal 9.00 Each S 8.500.00 $76.500-00 Settlement Expanses Administrative Expense 9.00 Each $1,068.89 $9.602.01 Total Cost S 1,258,370.03 TOW project Cost fttkneo:S 1,256,370.03 • I Exhibit H,Page 29 of 54 httpsJ/eservices.fema.gov/FEMAMitigation/Print.do 4/23/24!C i Print Application Page 29 of 49 Match Sources AcMy Cost Estimate $1.250.370-03 Federal Share Percentage 89.9969684% Non-Federal Sham Peramtoge 10.0000318% Dollars Perv~ Proposed Federal Sham $1.130.732.83 89.9999684% Proposed Non-Federal Share $125.637.40 10.0000318% Ma dit Funds Sourcf Agency Name of FundhV Type Aarount(S) Action Source Ag ericy Other(Homeowner contribution) Homeowner cordribution Cash $125.837.40 Grand Total $125,637.40 If you would No to rnalm any comments,please enter them bebw. Attachrr BIft Funding Source Other Agency Funding(Homeowner conkibutlan) Name of Funding Source Homeowner contribution Funding Type Cash Amowrt $125,637-40 Date of eva"Wity 02-01-2010 Funds com *nant letter date 01-13-2010 Attodurrent(funds commitment letter) WMAII.Ids Csrt4XK Exhibit B,Page 30 of 54 Mugs://eservices.fema.gov/FEMAMitigation/Print.do 4/23/2010 4 September 14,2010 Consider approving a contract for the purchase of Sodium Hydroxide for use by the Water Utilities Department RICH WITH OPPORTUNITY BEAUMON* T • $ • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial OiFicerp MEETING DATE: September 14, 2010 REQUESTED ACTION: Council consider authorizing the award of a contract for the purchase of Sodium Hydroxide. RECOMMENDATION The ' ministration recommends the award of a six(6)month contract to FSTI, Inc., of Austin, in the amount of$191,200. BACKGROUND Sodium Hydroxide is used by the Water Utilities Department to purify the City's water supply. The Water Utilities Department expects to purchase five hundred(500)dry tons during the term of the contract. FSTL Inc., has held this contract previously. The new contract represents an approximate sixty-eight percent(68%)increase over the last contract. Bid tabulations are as follows: VENDOR UNIT PRICE TOTAL PRICE PER DRY TON 500 DRY TONS FSTI, Inc. $382.40 $191,200 Austin, TX Harcross Chemical $404.00 $202,000 Pasadena, TX Univar, Inc. $406.00 $203,000 Dallas, TX Key Chemical $420.91 $210,455 Wxahaw,NC Altivia, Inc. $436.00 $218,000 Houston, TX Ma Industries $488.00 $244,000 Houston, TX Contract for the purchase of Sodium Hydroxide September 14, 2010 Page 2 VENDOR UNIT PRICE TOTAL PRICE PER DRY TON 500 DRY TONS FVS Minibuk Inc. $560.00 $280,000 Detriot, MI Basic Chemical, Corp. $790.00 $395,000 Houston, TX BUDGETARY E"ACT Funds are available for this expenditure in the Water Utilities Department's operating budget. RESOLUTION NO. WHEREAS, bids were solicited for a six (6) month contract for the purchase of sodium hydroxide for use by the Water Utilities Department; and, WHEREAS, FSTI, Inc., of Austin, Texas, submitted a bid for an estimated amount of $191,200 as shown below: UNIT PRICE PER DRY TON TOTAL PRICE 500 DRY TONS $382.40 $191,200 and WHEREAS, City Council is of the opinion that the bid submitted by FSTI, Inc., of Austin, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted.; and THAT the bid submitted by FSTI, Inc., of Austin, Texas, for a six(6) month contract for the purchase of sodium hydroxide for use by the Water Utilities Department in the unit amounts as shown above for an estimated amount of $191,200 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of September, 2010. - Mayor Becky Ames - I I WORKSESSION * Review and discuss a possible advisory or review board for the Police Department