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HomeMy WebLinkAboutPACKET OCT 12 2010 RICH WITS OPPORTUNITY 11EAiUM0N* T • E • % • A • S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 12,2010 1:30 P.M. CONSENT AGENDA * Approval of minutes- October 5, 2010 * Confirmation of committee appointments A) Approve a one year contract with the Art Museum of Southeast Texas B) Approve a one year contract with the Southeast Texas Arts Council C) Approve a one year contract with the Texas Energy Museum D) Approve a one year contract with BUILD, Inc.,Beaumont Main Street for downtown economic development purposes E) Approve a one year contract with the Beaumont Heritage Society/John Jay French Museum A RICH WITH OPPORTUNITY BEAUMON* T • a • g • • • 8 City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: October 12, 2010 REQUESTED ACTION: Council consider authorizing a one year contract with the Art Museum of Southeast Texas in the amount of$185,000. RECOMMENDATION The Administration recommends funding the Art Museum of Southeast Texas(AMSET)$185,000 for FY 2011 from Hotel Occupancy Tax and General Funds. BACKGROUND The City of Beaumont(City) and AMSET entered into a lease agreement on December 30, 1986 whereby the City and AMSET agreed to a 99-year lease on the land and building to be used as an art museum. The City supports AMSET with annual allocations and garbage removal. In return AMSET is open to the general public and strives to provide programs and services to the entire community. Approximately 36,700 children and adults participated in Art Museum activities last year. The City may utilize a portion of its revenue derived from the hotel-motel occupancy tax to promote the arts. BUDGETARY IMPACT Funds are available in the FY 2011 budget with$85,000 funded through the Hotel Occupancy Tax Fund and $100,000 f ended by 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 a one-year contract, substantially in the form attached hereto as Exhibit "A," between the Art Museum of Southeast Texas (AMSET) and the City of Beaumont in the amount of $185,000 for FY 2011. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of October, 2010. - Mayor Becky Ames - AGREEMENT FOR THE OPERATION OF AN ART MUSEUM WHEREAS, the Art Museum of Southeast Texas, a Texas non-profit corporation, hereinafter referred to as "Museum", and the City of Beaumont, a municipal corporation of the State of Texas, hereinafter referred to as "City", agree as follows: 1. City hereby hires and engages Museum to operate an art museum open to the public on the premises leased from the City and described in the lease between the parties dated December 30, 1986 and made a part hereof for all purposes(herein"the premises"). Museum agrees to accept such hiring and hereby agrees to operate such art museum. 2. This agreement shall be for a term of one year commencing October 1, 2010. The City agrees to pay museum the sum of Forty-Six Thousand Two Hundred Fifty Dollars ($46,250) per quarter. Of the total annual sum of One-Hundred Eighty-Five Thousand ($185,000)Dollars, Eighty-Five Thousand($85,000)Dollars will be derived from the Hotel Occupancy Tax authorized by Tax Code Section 351.001 et.seq.which requires that such funds be expended for arts and historical events or projects that directly enhance and promote tourism and the convention and hotel industry. 3. Expenditure of the Eighty-Five Thousand($85,000)Dollars from Hotel Occupancy Tax (HOT) funds shall be related to the purposes established by Tax Code Section 351.101(a)(4). EXHIBIT "A" 4. Funding under this contract will require that should a seminar be held during the term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds are made in compliance with the Act, a representative of the Museum will attend the seminar. 5. The Museum shall submit quarterly reports in the format provided by the City reflecting the activities of Museum as they relate to the HOT funds authorized in this contract. 6. City or Museum may terminate this Agreement for cause if either party defaults in the performance of any covenant or condition of this Agreement. Prior to such termination City or Museum must provide the other party with written notice of such default and if the party does not cure the default within fifteen (15) days after the giving of notice the party giving such notice may terminate the Agreement by written notice. 7. City shall allow Museum and its employees, volunteers, patrons and guests to use fifty(50)designated parking spaces in the City owned parking lot lying directly to the east across Main Street from the premises during periods of use of the premises. Otherwise such spaces may be used for City's Civic Center and theater event parking. In addition, the City shall provide free parking for buses transporting school children to the art museum. G-W=n=W Davbp nw HOT f w9&WY 111ooetratx 11 amw4.wpd Said parking places to be as available and as directed by the City's Civic Center director at a site convenient to the Museum. Parking spaces on the premises shall be available for City's use during periods when the premises are not in actual use. IN WITNESS, WHEREOF City and Museum have executed or caused to be executed by their authorized officers or agents this Agreement on the day of , 2010. CITY OF BEAUMONT ART MUSEUM OF SOUTHEAST TEXAS By: By: Kyle Hayes Name: City Manager Title: ATTEST: ATTEST: By: By: City Clerk Name: Title: G:1E wrwo Drwlopmsnt•HOT fimdslFY 11baMraof 11 amwt wpd I I RICH WITH OPPORTUNITY BEAUM�ON* T • R * X • A * S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Lava Clark, Chief Financial Officer 15 MEETING DATE: October 12, 2010 REQUESTED ACTION: Council consider authorizing a one year contract with the Southeast Texas Arts Council (SETAC) in the amount of $105,000. RECOMMENDATION The Administration recommends funding the Southeast Texas Arts Council$105,000 for FY 2011 from the Hotel Occupancy Tax Fund. BACKGROUND The City is entitled to utilize revenues derived from the hotel-motel occupancy tax to promote the arts. The City contracts with SETAC to utilize 75%of its contract payment for production of the magazine"Off Ramp" highlighting local events and"Tear Off' Attraction Maps for distribution to hotels, as well as other programs and exhibitions that bring artists to the area and promote the rich musical heritage of the area . The remaining 25%is used for operating expenses. BUDGETARY EWPACT Funds are available in the Hotel Occupancy Tax 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 a one-year contract, substantially in the form attached hereto as Exhibit"A,"between the Southeast Texas Arts Council (SETAC) and the City of Beaumont in the amount of$105,000 for FY 2011. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of October, 2010. - Mayor Becky Ames - THE STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This agreement between the City of Beaumont, a municipal corporation, herein called"City",and the Southeast Texas Arts Council,a Texas non-profit corporation, herein called "Council", is as follows: WITNESSETH WHEREAS,V.T.C.A. Tax Code Section 351.001 et.seq., authorizes the City to use revenue derived from its hotel occupancy tax "for general promotional and tourist advertising of the city and its vicinity and conducting a solicitation and operating program to attract conventions and visitors, either by the City or through contracts with persons or organizations selected by the City; and, WHEREAS,V.T.C.A.Tax Code Section 351.101(a)(4),authorizes the City to use a limited portion of the revenue derived from its hotel occupancy tax for the encouragement,promotion, improvement and application of the arts,including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution and exhibition of these major art forms; and, for projects that directly enhance and promote tourism and the convention industry. 0:1Eo Mrft Dvftlopmrnt-MOT hmft FY IMSETEXASA M FY 10 vRsge EXHIBIT "A" WHEREAS,the Southeast Texas Arts Council is the proper organization to provide assistance in the responsible distribution of public funds for support of the arts in Beaumont; Now, Therefore, the City and the Council agree as follows: 1. The payment of the total amount of One-Hundred Five-Thousand ($105,000) Dollars by City to Council will be made from funds as available and as collected from the Hotel Occupancy Tax. Payments of Eight-Thousand Seven-Hundred and Fifty Dollars ($8,750)will be made monthly commencing October 1, 2010. Any funds not expended for the projects and purposes approved will be retained by the Council to be reallocated for similar arts purposes by approval of the City. 2. All expenditure of funds from the Hotel Occupancy Tax shall be reasonably related to the purposes established by V.T.C.A. Tax Code 351.101(a)(4). 3. The Council is an independent contractor and is not an officer, agent or employee of the City. 4. The Council shall submit quarterly reports in the format provided by the City reflecting the activities of the Council as they relate to this contract. The Council shall submit such reports quarterly commencing January 15, 2011. 5. The City Manager or his designated representative shall, upon reasonable notice, have the right to inspect all books and records of the Council. 6. It is understood and agreed that either party may terminate this contract by giving to the other party notice in writing of said termination thirty(30) days in advance. G:1 .xwn is mown *moT fu wwy iwETE)l&mm FY 70.JWe 2 7. Upon termination of this agreement, unless it be renewed, the Council shall deliver to the City all funds paid under this contract that it may have and all removable personable property that may have been purchased with funds derived from said tax. 8. Funding under this contract will require that should a seminar be held during the term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds are made in compliance with the Act, a representative of the Council will attend the seminar. 9. Council agrees to indemnify, save harmless, and defend the City of Beaumont from any and all claims, causes of action and damages of every kind arising from the operations of Council, its officers, agents and employees, including the officers, agents, and employees involved in museum operation and specifically including herein any and all acts of negligence by the City of Beaumont, its agents, officers or employees, carried out under the terms of this agreement. EXECUTED this the day of . 2010. CITY OF BEAUMONT By: Kyle Hayes ATTEST: City Manager By: City Clerk SOUTHEAST TEXAS ARTS COUNCIL By: Name: ATTEST: Title: By: Name: Title: a-moonomto owaa wrdmw twAawy 1a1SETEw8A m RY io.+f ge 3 C RICH WITH OPPORTUNITY BEAUMON* T • R • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer/ MEETING DATE: October 12, 2010 REQUESTED ACTION: Council consider approving a one year contract with the Texas Energy Museum in the amount of$95,000. RECOMMENDATION The Administration recommends funding the Texas Energy Museum,$95,000,for FY 2011 from the Hotel Occupancy Tax Fund. BACKGROUND The City is entitled to utilize revenues derived from the hotel-motel occupancy tax for historic preservation and the promotion oftourism. The Texas Energy Museum meets the above criteria by highlighting the history,along with current developments, of the oil industry in the Southeast Texas region. BUDGETARY EWPACT Funds are available in the Hotel Occupancy Tax 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 a one-year contract, substantially in the form attached hereto as Exhibit "A," between the Texas Energy Museum and the City of Beaumont in the amount of$95,000 for FY 2011. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of October, 2010. - Mayor Becky Ames - STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This agreement between the City of Beaumont, a municipal corporation, herein called "City", and the Texas Energy Museum, herein called 'TEM", is as follows: WITNESSETH: WHEREAS,V.T.C.A.,Tax Code Section 351.001 et-seq.,authorizes the City to levy by ordinance, a hotel tax which may not exceed seven percent(7%)of the consideration paid by a hotel occupant; and WHEREAS, V.T.C.A. Tax Code Section 351.101 (a)(5), authorizes the City to use a portion of the revenues derived from its hotel occupancy tax for historical restoration and preservation projects or activities or advertising and conducting solicitation and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums at or in the immediate vicinity of convention center facilities or located elsewhere in the municipality or its vicinity that would be frequented by tourists; and, for projects that directly enhance and promote tourism and convention activities. WHEREAS, under the authority of V.T.C.A. Tax Code Section 351.101(a)(5), the City desires to provide financial assistance to TEM. NOW, THEREFORE, the City and TEM agree as follows: 1. City agrees to pay to TEM the amount of Ninety-Five Thousand ($95,000) Dollars. The payment provided for herein will be made quarterly in the amount of Twenty- Three Thousand Seven-Hundred ($23,750) Dollars per quarter commencing October 1, 2010 from funds as available and collected from the hotel occupancy tax. G:1Ec mv&uadoprtNnt-4 r AffWaV r 10i rX EMCiEWY MU FY 10 wpd EXHIBIT "A" Any funds not expended by TEM will be retained by TEM to be reallocated for similar purposes by approval of City. 2. All expenditure of funds shall be reasonably related to the purposes established by V.T.C.A. Tax Code Section 351.101(a)(5). 3. The TEM is an independent contractor and is not an officer, agent or employee of the City. 4. In return for the payments provided for herein, TEM agrees to operate for the period October 1, 2010 to September 30, 2011. 5. The TEM shall submit quarterly reports in the format provided by the City reflecting the activities of TEM as they relate to this contract. The TEM shall submit such reports quarterly commencing January 15, 2011. 6. The City Manager of City or his designated representative shall, upon reasonable notice, have the right to inspect all books and records of the TEM. 7. Upon termination of this agreement or any extension thereof, unless it be renewed, the TEM shall deliver to the City all funds paid under this contract that it may have and all removable personal property that may have been purchased with funds derived from said tax. B. Funding under this contract will require that should a seminar behold during the term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds are made in compliance with the Act, a representative of TEM will attend the seminar. 0-.Wmiwmb Drwbp Vw*440T Awi&FY 1%TX ENOERGY MU RY 1D.wpd 9. TEM agrees to indemnify, save harmless, and defend the City of Beaumont from any and all claims, causes of action and damages of every kind arising from the operations of TEM, its officers, agents and employees, including the officers, agents, and employees involved in TEM operation and specifically including herein any and all acts of negligence by the City of Beaumont, its agents, officers or employees, carried out under the terms of this agreement. EXECUTED this the day of , 2010. CITY OF BEAUMONT By: Kyle Hayes City Manager ATTEST: By: City Clerk TEXAS ENERGY MUSEUM, INC. By: Name: Title: ATTEST: By: Name: Title: OV. =w &Drwlope"440T ftKU FY 101TX ENWMY MU FY t0.wpd D 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 Officertl/ MEETING DATE: October 12, 2010 REQUESTED ACTION: Council consider approving a one year contract with BUELD, Inc., Beaumont Main Street in the amount of $75,000 for downtown economic development purposes. RECOMMENDATION The Administration recommends finding BUR D,Inc.,Beaumont Main Street$75,000 for FY 2011 from the General Fund. BACKGROUND The Beaumont Main Street program has established a partnership between public and private sectors that is dedicated to the revitalization of Beaumont's historic Central Business District. The annual contribution from the City will be matched with other local funds and used to promote downtown business development and retention. BUDGETARY EWFACT Funds are available 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 a one-year contract, substantially in the form attached hereto as Exhibit "A," between BUILD, Inc., Beaumont Main Street and the City of Beaumont in the amount of$75,000 for FY 2011. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of October, 2010. - Mayor Becky Ames - STATE OF TEXAS § COUNTY OF JEFFERSON § This agreement is made and entered into by and between the City of Beaumont, Texas, a municipal corporation of the State of Texas, hereinafter called "City", acting herein by and through its duly authorized City Manager, and BUILD, Inc., Beaumont Main Street, a non-profit corporation, hereinafter called"BUILD", acting herein by and through its President. WHEREAS, the City believes that economic development and downtown revitalization are crucial to the continued economic success of City and believes that BUILD should be retained to carry out a program of work on behalf of City to accomplish these goals; NOW,THEREFORE, in consideration of the mutual promises made herein,the City and BUILD agree as follows: STATEMENT OF WORK City does hereby enter into a contract with BUILD to provide a comprehensive range of plans and projects in Beaumont directed at economic development and downtown revitalization by: a) promoting the physical and social development, redevelopment and economic well being of downtown Beaumont; b) creating an environment in the downtown area which is conducive to residential, commercial, employment, recreational and cultural-artistic revitalization; c) attracting new employers; GAE=Wft o�.v wan.,kHOT,w Fr,oi o-,�.,,pa EXHIBIT "A" d) complying with all provisions of the Contract for Services-Urban Main Street program between BUILD and the Texas Historical Commission. COMPENSATION City hereby agrees to pay to BUILD during the term of this agreement Seventy-five Thousand Dollars($75,000)from the City's General Fund. BUILD agrees to raise at least Seventy-Five Thousand ($75,000) in additional funding from the private sector to match the City's financial commitment. DISBURSEMENT Payment to BUILD will be made on a reimbursement basis and those payments will be supported by proper verifiable documentation. RECORDS AND REPORTS Quarterly progress reports detailing the activities and accomplishments of BUILD, emphasizing compliance with the Urban Main Street Program, will be due thirty(30)days following the end of the quarter beginning with the quarter ending December 31,2010. In addition to said quarterly reports, BUILD will also provide an annual review related specifically to the Urban Main Street Program covering the period of this agreement due on October 31, 2011. SUSPENSION AND TERMINATION The term of this agreement will be October 1, 2010, through September 30, 2011. Suspension and/or termination may occur if BUILD fails to comply with any or all provisions of this agreement or for convenience. a: cwwo -WT rwakur 10suao-10.%Wd ACCESSIBILITY OF RECORDS The City retains the right to inspect and/or audit the records of BUILD, Inc. as they consider necessary to assure compliance with this agreement. LOSS, DAMAGE, PERSONAL INJURY BUILD agrees to indemnify, hold harmless and defend, at its own expense,the City of Beaumont and its officers, agents, servants and employees, from and against any and all claims, causes of action and damages of every kind arising out of or in conjunction with the execution, performance attempted performance or non-performance of this contract or from the operations and actions of BUILD, Inc., its officers, agents and employees. EXECUTED in duplicate originals this the day of , 2010. CITY OF BEAUMONT By: City Manager "CITY" ATTEST: By: City Clerk BUILD, INC. BEAUMONT MAIN STREET By: Executive Director "BUILD" ATTEST: By: 016wromb DWVbpnMK 4M furdg FV 10WK D--1 Om" E RICH WITH OPPORTUNITY BEAUMON* T • S * s • A * S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager c�. PREPARED BY: Laura Clark, Chief Financial Officer�/ MEETING DATE: October 12, 2010 REQUESTED ACTION: Council consider approving a one year contract with the Beaumont Heritage Society/John Jay French Museum in the amount of$47,000. RECOMMENDATION The Administration recommends funding the Beaumont Heritage Society/John Jay French Museum $47,000 for FY 2011 from the Hotel Occupancy Tax Fund. BACKGROUND The City is entitled to utilize revenues derived from the hotel-motel occupancy tax for historic preservation and the promotion of tourism. John J. French, an early settler in Beaumont,built the Greek Revival home which has been faithfully restored;the home contains furniture and fixtures from the mid 196 century and is a tourist attraction for our city. BUDGETARY EWPACT Funds are available in the Hotel Occupancy Tax 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 a one-year contract, substantially in the form attached hereto as Exhibit "A," between the Beaumont Heritage Society/John Jay French Museum and the City of Beaumont in the amount of$47,000 for FY 2011. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of October, 2010. - Mayor Becky Ames - STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This agreement between the City of Beaumont, a municipal corporation, herein called "City", and the Beaumont Heritage Society operating the John J. French Museum, herein called "Museum", is as follows: WITNESSETH: WHEREAS,V.T.C.A.,Tax Code Section 351.001 et.seq.,authorizes the City to levy by ordinance, a hotel tax which may not exceed seven percent(7%)of the consideration paid by a hotel occupant; and WHEREAS, V.T.C.A. Tax Code Section 351.101 (a)(5), authorizes the City to use a portion of the revenues derived from its hotel occupancy tax"for historical restoration and preservation projects or activities or advertising and conducting solicitation and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums at or in the immediate vicinity of convention center facilities or located elsewhere in the municipality or its vicinity that would be frequented by tourists; and," WHEREAS, under the authority of V.T.C.A. Tax Code Section 351.101(a)(5), the City desires to provide financial assistance to Museum for historical restoration, preservation, and tourism in Beaumont: NOW, THEREFORE, the City and Museum agree as follows: Giftmomia DwaWpnw"Oar w WOWY iWORENCH FY 10.,W Page 1 EXHIBIT "A" 1. City agrees to pay to Museum the amount of Forty-Seven Thousand($47,000) Dollars. The payment provided for herein will be made quarterly in the amount of Eleven Thousand Seven Hundred and Fifty Dollars ($11,750) per quai#er commencing October 1, 2010 from funds as available and collected from the hotel occupancy tax. Any funds not expended by Museum will be retained by Museum to be reallocated for similar purposes by approval of City. 2. All expenditure of funds shall be reasonably related to the purposes established by V.T.C.A. Tax Code Section 351.101(a)(5). 3. The Museum is an independent contractor and is not an officer, agent or employee of the City. 4. In return for the payments provided for herein,Museum agrees to operate for the period October 1, 2010 to September 30, 2011. 5. The Museum shall submit quarterly reports in the format provided by the City reflecting the activities of the Museum as they relate to this contract. The Museum shall submit such reports quarterly commencing January 15, 2011. 6. The City Manager of City or his designated representative shall, upon reasonable notice, have the right to inspect all books and records of the Museum. 7. Upon termination of this agreement or any extension thereof, unless it be renewed, the Museum shall deliver to the City all funds paid under this contract that it may have and all removable personal property that may have been purchased with funds derived from said tax. C3:WAm mfc Dwebpmo t-HOT f*W&WY iWORENCH FY QAW 2 8. Funding under this contract will require that should a seminar be held during the term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds are made in compliance with the Act, a representative of the Museum will attend the seminar. EXECUTED this the day of , 2010. CITY OF BEAUMONT By: Kyle Hayes City Manager ATTEST: By: City Clerk BEAUMONT HERITAGE SOCIETY By: Name: Title: ATTEST: By: Name: Title: GAEoawmic Drwlop wnt-HOT haxls%FY ICKMFRENCH FY'bap 3 RICH WITH OPPORTUNITY IIEAUMON* T • E • X - A - S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 12,2010 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 approving the purchase of a bulldozer for use at the landfill 2. Consider approving the purchase of a generator for the Police Headquarters Building located at 255 College 3. Consider approving the purchase of twenty-four patrol vehicles for use by the Police Department 4. Consider approving a contract for the construction and installation of transit stop covers at 21 locations throughout the city 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 Goverment Code: City of Beaumont v. Greg Abbott,Attorney General of Texas,et al Erik Kvarme,et al v. The City of Beaumont,Texas, et al Ex Parte James Edward 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 October 12,2010 Consider approving the purchase of a bulldozer for use at the landfill RICH WITH OPPORTUNITY IIEAUMON* 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: October 12, 2010 REQUESTED ACTION: Council consider approving the purchase of a dozer for use by the Solid Waste Division. RECOMMENDATION The administration recommends approval of the purchase from Mustang Cat of Houston in the amount of$554,095. BACKGROUND Pricing for the dozer was obtained through the BuyBoard Cooperative Purchasing Program. Buyboard is a cooperative purchasing association which provides cities and political subdivisions with the means to purchase specialized equipment at volume prices. BuyBoard complies with the State of Texas procurement statutes. The purchase price of$554,095 includes the BuyBoard administrative fee of$400. The dozer will be used by Solid Waste for moving refuse at the landfill. The dozer will replace Unit 5085 which is a 1999 model with 17,800 hours of service. The old unit will be disposed of according to the City's surplus equipment disposal policy. The basic warranty provided is twelve(12)months. Warranty service is available from Mustang Tractor,the local Caterpillar dealer. Delivery is estimated at thirty(30) days. BUDGETARYIMPACT Funds are budgeted 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 purchase of a track-type dozer for use by the Solid Waste Division from Mustang Cat of Houston, Texas, in the amount of $554,095 through the BuyBoard Cooperative Purchasing Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of October, 2010. - Mayor Becky Ames - 2 October 12,2010 Consider approving the purchase of a generator for the Police Headquarters Building located at 255 College RICH WITH OPPORTUNITY T • E IIEAUMON*X • A • s Ci Council A enda Item tY g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: October 12, 2010 REQUESTED ACTION: Council consider the purchase of an emergency power generator for the Police Department. RECOMMENDATION Administration recommends approval of the purchase from Mustang Cat of Houston in the amount of$543,559. BACKGROUND Pricing for the purchase was obtained through the BuyBoard Cooperative Purchasing Program. BuyBoard is a cooperative purchasing association which provides cities and political subdivisions with the means to purchase specialized equipment at volume prices. BuyBoard complies with the State of Texas procurement statutes. Mustang Cat of Houston is a BuyBoard contracted vendor. The new generator set will be installed at the Police Department to provide emergency power for the entire three (3) story 56,250 sq. ft. facility. The diesel powered emergency power system includes a Mustang 1500 kilowatt, 480 volt, generator powered by a Caterpillar 3512C diesel engine that meets Tier II Environmental Protection Agency emission standards. Installation will be provided by the City's contracted electrical services provider. Warranty service will be provided by Mustang Cat in Beaumont. Delivery is expected in approximately 150 to 180 days. BUDGETARYIMPACT Funding for this purchase will be provided by the 2007 Supplemental Port Security Grant, which requires a 25%match. The City's portion in the amount of$135,889.75 was budgeted for in the Capital Reserve Fund. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of an emergency power generator for the Police Department from Mustang Cat of Houston,Texas, in the amount of$543,559 through the BuyBoard Cooperative Purchasing Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of October, 2010. - Mayor Becky Ames - 3 October 12,2010 Consider approving the purchase of twenty-four patrol vehicles for use by the Police Department RICH WITH OPPORTUNITY IIEAUMON* 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: October 12, 2010 REQUESTED ACTION: Council consider approving the purchase of twenty-four (24)patrol vehicles for use by the Police Department. RECOMMENDATION The administration recommends approval of the purchase from Philpott Motors of Nederland in the amount of$535,824. BACKGROUND Pricing for this purchase is obtained through the Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program. H-GAC is a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H-GAC complies with the State of Texas procurement statutes. The purchase price includes the H-GAC administrative fee of$600. All twenty-four(24)patrol vehicles requested will replace units that are used in daily operations by the Patrol Division. The vehicles to be replaced are on a scheduled replacement cycle in order to keep serviceable vehicles available at all times. The replaced vehicles may be disposed of according to the City's surplus property disposal policies or relocated to other divisions. The new vehicles are 2011 Ford Crown Victorias with the police package. These vehicles will include a Safe Stop vehicle anti theft system. The Safe Stop system allows an officer to leave a vehicle running while simultaneously disabling it from being moved by anyone but that officer. Standard warranties of 36,000 miles or three (3)years are provided for each new vehicle. The warranty service is provided by Philpott Motors of Nederland. Delivery is expected within thirty (30) days. BUDGETARYIMPACT Funds are budgeted in the Capital Reserve Fund. RESOLUTION NO. 09-337 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to approve the purchase of twenty-four (24) patrol vehicles for use by the Police Department from Philpott Motors in the amount of $535,824 through the Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of October, 2010. - Mayor Becky Ames - 4 October 12,2010 Consider approving a contract for the construction and installation of transit stop covers at 21 locations throughout the city RICH WITH OPPORTUNITY IIEA,U 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: October 12, 2010 REQUESTED ACTION: Council consider the award of a contract for constructing Transit Stop Covers. RECOMMENDATION Administration recommends the award of a contract for the construction of Transit Stop Covers to Bruce's General Construction, Inc. in the amount of$294,980. BACKGROUND As part of the American Recovery and Reinvestment Act of 2009, the Beaumont Transit System was awarded $23M for equipment and facility improvements. Included in the grant was $300,000 for new Transit Stop Covers. The Labiche Architectural Group, Inc. designed the new transit covers. The covers consist of a metal frame with a solid roof and open ends. Each includes a metal sign panel designating the route. Two sized units, including an 8 ft. x 10 ft. seating five (5) and a 10 ft. x 15 ft. seating ten (10), will be installed at twenty-one(21) locations throughout the city. The route demand was used to determine the size to be placed at the various locations. Four(4) bids were received for this project and are as follow: Contractor Location Price Completion Time Bruce's General Construction Beaumont $294,980 180 days Brammer Construction, Inc. Nederland $296,972 100 days H. B. Neild& Sons, Inc. Beaumont $317,000 120 days Basco Construction, Inc. Nederland $334,803 110 days Transit Bus Covers October 6, 2010 Page 2 The recommended low bidder, Bruce's General Construction of Beaumont, is a certified Minority Owned Business. The new Transit Stop Covers will be installed at the following locations: ROUTE STOP SIZE South Park Virginia/Rolfe Christopher 10 seat unit South Park Avenue C/Washington 10 seat unit Parkdale Walmart 10 seat unit Parkdale Parkdale Mall 10 seat unit South Park Florida/Highland 5 seat unit South Park Virginia/Highland 5 seat unit South Park Lavaca/Irving 5 seat unit South 11' 11"' St. @ Fertitta's Store 5 seat unit South 11`' Fannin @ Baptist Hospital 5 seat unit South 11' 8"'@ MHMR 5 seat unit Parkdale Concord/East Lucas 5 seat unit Parkdale Concord/Russell Dr. 5 seat unit Calder Calder @ Christus St. Elizabeth 5 seat unit Calder 23' @ Calder 5 seat unit Calder Dowlen/Phelan 5 seat unit Calder Calder/Dowlen 5 seat unit College College/Pinchback 5 seat unit College 4"'/Sarah 5 seat unit Magnolia Magnolia/Weiss 5 seat unit Pine Magnolia Gardens 5 seat unit Pine Maida @ Maida Apartments 5 seat unit Transit Bus Covers October 6, 2010 Page 3 There are a total of thirty-nine (39)transit stops throughout the City. As funding becomes available all stops will be replaced. Attached is a rendering of the Transit Covers including the stop designed for Lamar University. BUDGETARYIMPACT Funds are available through the American Recovery and Reinvestment Act grant. Billion a 1 11 11 ■ ■ 0 11 2 ce iii ■ ■ ■ ■ iii ■ ■ ■ ■ y D 10.06.2010 Clawdys Avenue,Suite r i (409)860-0197 fox(409)860-0198 �s. www.LaBidw.com RESOLUTION NO. WHEREAS, bids were solicited for a contract for constructing Transit Stop Covers; and, WHEREAS, Bruce's General Construction, Inc., of Beaumont, Texas, submitted a bid in the amount of$294,980; and, WHEREAS, City Council is of the opinion that the bid submitted by Bruce's General Construction, Inc. 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 Bruce's General Construction, Inc. of Beaumont, Texas in the amount of $294,980 for constructing Transit Stop Covers be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of October, 2010. - Mayor Becky Ames -