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Home My WebLink AboutPACKET FEB 22 2011 NICE WITS OPPORTUNITY BEAUMON* REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 22,2011 1:30 P.M. CONSENT AGENDA * Approval of minutes—February 15, 2011 * Confirmation of committee appointments A) Authorize the City Manager to execute all documents necessary for the affiliation agreement between The City of Beaumont EMS and Galveston College B) Amend Resolution 10-275 approving a contract with Helbig Community Development Corporation for acquisition and rehabilitation and/or construction of properties for lease or sale C) Approve a contract for refuse container and solid waste collections D) Amend Resolution 11-056 approving the purchase of a tractor and a mower E) Authorize the participation of the City of Beaumont with other municipalities in a Cities Steering Committee in matters concerning Entergy Texas, Inc. before the Public Utilities Commission of Texas and the Federal Energy Regulatory Commission for the calendar year 2011 F) Authorize the settlement of the claim of Frederick Ogbutor A RICH WITH OPPORTUNITY IIEA,UMON* T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Ingrid Holmes, Public Health Director*. MEETING DATE: February 22, 2011 REQUESTED ACTION: Council consider authorizing the City Manager to execute all documents necessary for the affiliation agreement between The City of Beaumont EMS and Galveston College. RECOMMENDATION Administration recommends Council approval. BACKGROUND The City of Beaumont EMS Division would like to enter into an agreement with Galveston College- Emergency Medical Service Programs to provide an opportunity for students of the college to utilize The City of Beaumont EMS for the sole purpose of clinical rotation and for educational purposes under the direct supervision of The City of Beaumont EMS Division. Galveston College will assume all responsibilities and insurance for the students under this agreement. BUDGETARY IMPACT None. GALVESTON COLLEGE EMERGENCY MEDICAL SERVICE PROGRAMS And CITY OF BEAUMONT EMS CLINICAL AFFILIATION AGREEMENT This Agreement made and entered into by and between City of Beaumont EMS located at 2870 Laurel,Beaumont Texas 77702 hereinafter referred to as"FACILITY", and Galveston College, 4015 Avenue Q. Galveston,TX 77550 hereinafter referred to as "COLLEGE"on January 12,2011 for a term of one year. WHEREAS, it is agreed by the parties to be of mutual interest and advantage that the students and faculty of the COLLEGE be given the opportunity to utilize the FACILITY as a practice laboratory and for educational purposes. THEREFORE, in consideration of the foregoing and of the mutual covenant and premises hereinafter contained,the parties agree as follows: THE FACILITY WILL: 1. Provide supervision and clinical instruction for student's clinical learning within the facility, including performance of designated course objectives and skills. 2. Maintain overall supervision of patient care. 3. Notify the Dean,Health Science Programs in writing of any desire to recommend dismissal of students and/or faculty should infringements(s)of the Employee Code of Conduct or other infiactions be observed,but reserves the right of dismiss on site should the need arise. THE COLLEGE WILL: 1. Provide all academic and didactical instruction to ensure safe practice. 2. Provide a schedule of students and times clinical rotations are assigned. 2. Be responsible for the student's compliance with the FACILITY"S immunization requirements related to health(administered through the office of Student Wellness at UTMB). 4. Be responsible for radiation monitoring of students. Ensure that students who participate in the Program provide proof of professional liability insurance coverage in minimum amounts of$1,000,000 per occurrence and $5,000,000 in the aggregate. STUDENTS: Students shall be responsible for their own medical expenses. Any service provided to the COLLEGE is the responsibility of the COLLEGE and the student. RENEWAL: This contract shall be automatically renewed and extended for additional one (1)year periods unless one party gives the other written notice more than one hundred-eighty (180)days prior to the end of its initial or any renewal term of its intention not to renew. Amendments to this contract must be in writing and submitted to both parties for agreement and signatures to be valid. DATE Name: Title: Facility: DATE Name: Title: Facility: DATE Dr. W. Myles Shelton III President Galveston College DATE Rory Prue Director of Allied Health and EMS Program Galveston College RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute all documents necessary to enter into an affiliation agreement between the City of Beaumont EMS Division and Galveston College for the sole purpose of clinical rotation and educational purposes under the supervision of the EMS Division. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of February, 2011. - Mayor Becky Ames - B RICH WITH OPPORTUNITY [111CMAi[114011 T • E - X - A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: February 22, 2011 REQUESTED ACTION: Council consider amending Resolution 10-275, authorizing the City Manager to enter into a contract with Helbig Community Development Corporation(CDC)for acquisition and rehabilitation and/or construction of properties for lease or sale. RECOMMENDATION The Administration recommends approval. BACKGROUND The City of Beaumont receives an annual allocation of HOME Investments Partnerships funds from the U. S. Department of Housing and Urban Development(HUD) and has previously awarded contracts for acquisition and rehabilitation and construction of housing to be leased or sold to eligible low/moderate income families. On October 19, 2010, City Council approved Resolution Number 10-275, authorizing the City Manager to enter into a contract with Helbig CDC to acquire and rehabilitate properties for lease. Helbig CDC is now requesting that this authorization be broadened to allow for the option of constructing new single-family homes for lease or sale. Upon execution of a contract, Helbig CDC will either construct and/or acquire and rehabilitate two-to-three (2-3)properties. These homes would then be leased or sold to eligible low-to-moderate income families. Any and all income received by Helbig CDC for leased or sold properties must be used toward the organization's affordable housing activities. Community Development staff will be responsible for monitoring Helbig CDC for HOME Program compliance. BUDGETARYIMPACT Funding is available from the 2010 HOME Program. Helbig Community Development Corporation "Dedicated to Empowering Individrarls,Families,and the Community" 3495 Roland Road Beaumont,Texas 77708 TEL.NO.(409)892-2456 FAX NO.(409)892-2456 Dr.Airon Reynolds,Jr.,Executive Director Email:helbigcdc@aol.com January 26, 2011 Mr. Johnny Beatty Coummity Development 801 Main Street Beaumont,TX 77701 Dear Mr. Beatty, The Helbig Community Development Corporation is a leadership, educational, and charitable organization dedicated to the empowerment of individuals, families, neighborhoods, and communities. It is an independent,nonpartisan, nonprofit corporation chartered under Texas Nonprofit Corporation Act. It is tax-exempt under the Internal Revenue Service Code(501)(c)(3). The mission of the Helbig Community Development Corporation, as stated in its charter and by-laws, is offering decent affordable housing for low to moderate income individuals in Southeast Texas. We are requesting an amendment to Resolution NO 10-275, for the construction, purchase or rehabilitation of 2 houses. With the construction,purchase or rehabilitation of the 2 houses, it will create the capacity for self sufficiency of our CHDO. if you have any questions or concerns, please contact us at your earliest convenience. Sincerely, �GI Dr. Airon Reynolds,Jr. Executive Director Cc: Christopher Boone,Director of Community Development Kyle Hayes,City Manager Helbig Community Development Corporation is a Non-Profit Corporation with IRS 501(c)(3)Tai-Exempt status RESOLUTION NO. WHEREAS, Resolution No. 10-275, dated October 19, 2010, authorized the City Manager to enter into a contract with Helbig Community Development Corporation (CDC) in the amount of $120,000 for the acquisition and rehabilitation of properties for lease to eligible low-to-moderate income families, which would be funded from the 2010 HOME Program; and, WHEREAS, Helbig Community Development Corporation(CDC)has requested that the authorization be amended to allow for the additional option of constructing new single- family homes for lease or sale to eligible low-to-moderate income families with all income received by Helbig being used toward the organization's affordable housing activities; 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 Resolution No.10-275 be amended to allow for the additional option of Helbig Community Development Corporation (CDC) to construct new single-family homes for lease or sale to eligible low-to-moderate income families with all income received by Helbig being used toward the organization's affordable housing activities. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of February, 2011. - Mayor Becky Ames - c RICH WITH OPPORTUNITY IIEA,[11�1011T 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: February 22, 2011 REQUESTED ACTION: Council consider authorizing the award of a contract for container and solid waste collections. RECOMMENDATION The administration recommends the award of an annual contract to Triangle Waste Solutions of Port Arthur in the estimated amount of$60,628.20. BACKGROUND Refuse container and collection services are required at approximately thirty-four(34) sites throughout the City. The size of refuse containers required at each location range in size from two (2)to ten(10) cubic yards and the collection frequency rates typically range from one (1)to four(4)times per week. Bid specifications stated the size of containers currently in use and the frequency of collections currently required by the City. The specifications allow the City to add or delete containers and change locations or container sizes as needed. The award of the bid is based on the number of containers and locations currently being serviced. The following bids were received: VENDOR ESTIMATED MONTHLY COST Triangle Waste Solutions, Port Arthur, TX $5,052.35 Waste Management of The Golden Triangle, $5,456.13 Beaumont, TX IESI Corporation, Kountz, TX $5,490.00 A copy of the bid tabulation is attached. The monthly cost of last year's contract with Waste Management was approximately $5,940.57. Annual Contract for Container and Solid Waste Collection February 22, 2011 Page 2 BUDGETARYIMPACT Funds are available in various departmental operating budgets in the General Fund and in the Fleet Fund, Water Utilities Fund, and the Henry Homberg Golf Course Fund. BID TABULATION: CONTAINER AND SOLID WASTE COLLECTION BID OPENING: FEBRUARY 10, 20112 P.M. BID NUMBER: TF1211-09 MONTHLY PRICES: TRIANGLE WASTE SOLUTIONS CONTAINER 1 Time 2 Times 3 Times 4 Times 5 Times 6 Times SIZE Per Week Per Week Per Week Per Week Per Week Per Week 2 CUBIC YARDS $17.30/mo $34.61/mo $51.91/mo $69.21/mo $86.51/mo $103.82/mo 4 CUBIC YARDS $34.61/mo $69.21/mo $103.82/mo $138.42/mo $173.03/mo $207.63/mo 6 CUBIC YARDS $51.91/mo $103.82/mo $155.72/mo $207.63/mo $259.54/mo $311.45/mo 8 CUBIC YARDS $69.21/mo $138.42/mo $207.63/mo $276.84/mo $346.05/mo $415.26/mo 10 CUBIC $86.51/mo $173.03/mo $259.54/mo $346.05/mo $432.57/mo $519.08/mo YARDS WASTE MANAGEMENT OF TEXAS CONTAINER 1 Time 2 Times 3 Times 4 Times 5 Times 6 Times SIZE Per Week Per Week Per Week Per Week Per Week Per Week 2 CUBIC YARDS $39.52/mo $73.35/mo $107.19/mo $141.01/mo $174.85/mo $208.68/mo 4 CUBIC YARDS $52.85/mo $98.08/mo $143.30/mo $188.52/mo $233.75/mo $278.97/mo 6 CUBIC YARDS $66.83/mo $123.45/mo $180.07/mo $236.00/mo $293.31/mo $349.93/mo 8 CUBIC YARDS $79.67/mo $147.68/mo $215.70/mo $283.71/mo $351.72/mo $419.74/mo 10 CUBIC $92.52/mo $171.92/mo $251.33/mo $330.73/mo $410.14/mo $489.55/mo YARDS IESI TX CORPORATION CONTAINER 1 Time 2 Times 3 Times 4 Times 5 Times 6 Times SIZE Per Week Per Week Per Week Per Week Per Week Per Week 2 CUBIC YARDS $18.00/mo $37.00/mo $56.00/mo $74.00/mo $93.00/mo $112.00/mo 4 CUBIC YARDS $37.00/mo $74.00/mo $112.00/mo $149.00/mo $187.00/mo $224.00/mo 6 CUBIC YARDS $56.00/mo $112.00/mo $168.00/mo $224.00/mo $280.00/mo $336.00/mo 8 CUBIC YARDS $74.00/mo $149.00/mo $229.00/mo $299.00/mo $374.00/mo $448.00/mo 10 CUBIC $93.00/mo $187.00/mo $290.00/mo $385.00/mo $490.00/mo $561.00/mo YARDS -1- TYPICAL PLACEMENT (SIZE, QUANTITY, OR COLLECTION FREQUENCY NOT GUARANTEED) Typical Typical Triangle ITEM Facility Placement Container lQty Container Waste NO. (Cubic Yards) At Location Collections Per Solutions Week Monthly Price 1 Alice Keith Park 6 1 2 $103.82/mo 4050 Reed ST. 2 Art League 2 1 1 $17.30/mo 2600 Gulf 3 Art Museum of SETX 6 1 2 $103.82/mo 500 Main St. 4 Athletic Complex 10 4 1 $346.04/mo 950 Langham Rd. 5 Babe Zaharias Park 8 2 2 $276.84/mo 1750 E. IH-10 6 Best Years Center 780S. 4 1h St. 10 1 1 $86.51/mo 7 Building Services 10 1 1 $86.51/mo 1848 Pine St. 8 Charlton Pollard Park 4 1 1 $34.61/mo 2025 Sabine Pass 9 City Hall 10 1 3 $259.54/mo 801 Main St. 10 Civic Center 10 3 4 $1,038.15/mo 701 Main St. 11 Colliers Ferry Park 10 1 1 $86.51/mo 5390 Pine St. Fire Headquarters/ 12 Admin Bldg 4 1 1 $34.61/mo 400 Walnut 13 Fire Station#1 4 2 1 $69.22/mo 747 College St. 14 Health Department 10 2 1 $173.02/mo 950 Washington Blvd 15 Imagination Station 8 1 2 $138.42/mo 2925 Fannin 16 J.P. Richardson Bldg. 4 1 1 $34.61/mo 1870 Louisiana -2- TYPICAL PLACEMENT (SIZE,QUANTITY,OR COLLECTION FREQUENCY NOT GUARANTEED) Typical Typical Triangle ITEM Facility Placement Container iQty Container Waste NO. (Cubic Yards) At Location Collections Per Solutions Week Monthly Price North End Community 17 Center 8 1 2 $138.42/mo 3580 E. Lucas 18 Municipal Court 10 1 1 $86.511mo 700 Orleans 19 Parks Operation Center 10 1 1 $86.51/mo 1370 Langham 20 Police Station 8 1 3 $207.63/mo 255 College St. 21 Police Family Violence 2 1 1 $17.30/mo 2850 Gulf 22 Police Narcotics/SSD 8 1 1 $69.21/mo 5250 Washington 23 Pruitt Activity Center 10 1 2 $173.03/mo 2855 Magnolia 24 Rogers Park 8 1 4 $276.84/mo 1455 Dowlen Rd. 25 Sprott Park 8 1 2 $138.42/mo 4325 Usan St. 26 Tennis Center 6 1 1 $51.91/mo 6455 W. College St. 27 Tyrrell Park 10 2 2 $346.05/mo 5305 Tyrrell Park Rd. 28 Sign Shop 8 2 1 $138.42/mo 2610 Concord Convention &Visitor's 29 Bureau (CVB) 6 1 1 $51.91/mo 505 Willow 30 Fleet Management 4 1 2 $69.21/mo 4955 Lafin Rd. 31 Fleet Fire Maintenance 2 1 2 $34.61/mo 1125 Archie St. -3- TYPICAL PLACEMENT (SIZE, QUANTITY, OR COLLECTION FREQUENCY NOT GUARANTEED) Typical Typical Triangle ITEM Facility Placement Container Qty Container Waste NO. (Cubic Yards) At Location Collections Per Solutions Week Monthly Price Henry Homberg Golf 32 Course 6 1 1 $51.91/mo 5950 Babe Zaharias Water Customer 33 Services 8 1 2 $138.42/mo 1350 Langham Rd. 34 Water Production 10 1 1 $86.51/mo 1550 Pine Total Monthly Charge For Typical Placement: $5,052.35/mo Total Annual Charge For Typical Placement: $60,628.20 -4- TYPICAL PLACEMENT (SIZE, QUANTITY, OR COLLECTION FREQUENCY NOT GUARANTEED) Typical Typical Typical Waste ITEM Facility Placement Container Qty Container Management NO. (Cubic Yards) At Location Collections Per Monthly Price Week 1 Alice Keith Park 6 1 2 $123.45/mo 4050 Reed ST. 2 Art League 2 1 1 $39.52/mo 2600 Gulf 3 Art Museum of SETX 6 1 2 $123.45/mo 500 Main St. 4 Athletic Complex 10 4 1 $370.08/mo 950 Langham Rd. 5 Babe Zaharias Park 8 2 2 $295.36/mo 1750 E. IH-10 6 Best Years Center 10 1 1 $92.52/mo 780S. 4 St. 7 Building Services 10 1 1 $92.52/mo 1848 Pine St. 8 Charlton Pollard Park 4 1 1 $52.85/mo 2025 Sabine Pass 9 City Hall 10 1 3 $251.33/mo 801 Main St. 10 Civic Center 10 3 4 $992.19/mo 701 Main St. 11 Colliers Ferry Park 10 1 1 $92.52/mo 5390 Pine St. Fire Headquarters/ 12 Admin Bldg 4 1 1 $52.85/mo 400 Walnut 13 Fire Station#1 4 2 1 $105.70/mo 747 College St. 14 Health Department 10 2 1 $185.04/mo 950 Washington Blvd 15 Imagination Station 8 1 2 $147.68/mo 2925 Fannin 16 J.P. Richardson Bldg. 4 1 1 $52.85/mo 1870 Louisiana -5- TYPICAL PLACEMENT (SIZE, QUANTITY, OR COLLECTION FREQUENCY NOT GUARANTEED) Typical Typical Typical Waste ITEM Facility Placement Container Qty Container Management NO. (Cubic Yards) At Location Collections Per Monthly Price Week North End Community 17 Center 8 1 2 $147.68/mo 3580 E. Lucas 18 Municipal Court 10 1 1 $92.52/mo 700 Orleans 19 Parks Operation Center 10 1 1 $92.52/mo 1370 Langham 20 Police Station 8 1 3 $215.70/mo 255 College St. 21 Police Family Violence 2 1 1 $39.52/mo 2850 Gulf 22 Police Narcotics/SSD 8 1 1 $79.67/mo 5250 Washington 23 Pruitt Activity Center 10 1 2 $171.921mo 2855 Magnolia 24 Rogers Park 8 1 4 $283.71/mo 1455 Dowlen Rd. 25 Sprott Park 8 1 2 $147.68/mo 4325 Usan St. 26 Tennis Center 6 1 1 $66.83/mo 6455 W. College St. 27 Tyrrell Park 10 2 2 $343.84/mo 5305 Tyrrell Park Rd. 28 Sign Shop 8 2 1 $159.34/mo 2610 Concord Convention &Visitor's 29 Bureau (CVB) 6 1 1 $66.83/mo 505 Willow 30 Fleet Management 4 1 2 $98.08/mo 4955 Lafin Rd. 31 Fleet Fire Maintenance 2 1 2 $73.35/mo 1125 Archie St. -6- TYPICAL PLACEMENT (SIZE, QUANTITY, OR COLLECTION FREQUENCY NOT GUARANTEED) ITEM Typical Typical Typical Container Waste NO. Facility Placement Container Qty Collections Per Management (Cubic Yards) At Location Week Monthly Price Henry Homberg Golf 32 Course 6 1 1 $66.83/mo 5950 Babe Zaharias Water Customer 33 Services 8 1 2 $147.68/mo 1350 Langham Rd. 34 Water Production 10 1 1 $92.52/mo 1550 Pine Total Monthly Charge For Typical Placement: $5,456.13/mo Total Annual Charge For Typical Placement: $65,473.56 -7- TYPICAL PLACEMENT (SIZE, QUANTITY, OR COLLECTION FREQUENCY NOT GUARANTEED) Typical IESI ITEM Typical Typical Container Corporation NO. Facility Placement Container Qty Collections Per Monthly (Cubic Yards) At Location Week Price 1 Alice Keith Park 6 1 2 $112.00/mo 4050 Reed ST. 2 Art League 2 1 1 $18.00/mo 2600 Gulf 3 Art Museum of SETX 6 1 2 $112.00/mo 500 Main St. 4 Athletic Complex 10 4 1 $372.00/mo 950 Langham Rd. 5 Babe Zaharias Park 8 2 2 $298.00/mo 1750 E. IH-10 6 Best Years Center 780S. 4 1h St. 10 1 1 $93.00/mo 7 Building Services 10 1 1 $93.00/mo 1848 Pine St. 8 Charlton Pollard Park 4 1 1 $37.00/mo 2025 Sabine Pass _9 City Hall 10 1 3 $290.00/mo 801 Main St. 10 Civic Center 10 3 4 $1,155.00/mo 701 Main St. 11 Colliers Ferry Park 10 1 1 $93.00/mo 5390 Pine St. Fire Headquarters/ 12 Admin Bldg 4 1 1 $37.00/mo 400 Walnut 13 Fire Station#1 4 2 1 $74.00/mo 747 College St. 14 Health Department 10 2 1 $186.00/mo 950 Washington Blvd 15 Imagination Station 8 1 2 $149.00/mo 2925 Fannin 16 J.P. Richardson Bldg. 4 1 1 $37.00/mo 1870 Louisiana -8- TYPICAL PLACEMENT (SIZE, QUANTITY, OR COLLECTION FREQUENCY NOT GUARANTEED) ITEM Typical Typical Typical Container IESI NO. Facility Placement Container Qty Collections Per Corporation (Cubic Yards) At Location Week Monthly Price North End Community 17 Center 8 1 2 $149.00/mo 3580 E. Lucas 18 Municipal Court 10 1 1 $93.00/mo 700 Orleans 19 Parks Operation Center 10 1 1 $93.00/mo 1370 Langham 20 Police Station 8 1 3 $229.00/mo 255 College St. 21 Police Family Violence 2 1 1 $18.00/mo 2850 Gulf 22 Police Narcotics/SSD 8 1 1 $74.00/mo 5250 Washington 23 Pruitt Activity Center 10 1 2 $187.00/mo 2855 Magnolia 24 Rogers Park 8 1 4 $299.00/mo 1455 Dowlen Rd. 25 Sprott Park 8 1 2 $149.00/mo 4325 Usan St. 26 Tennis Center 6 1 1 $56.00/mo 6455 W. College St. 27 Tyrrell Park 10 2 2 $374.00/mo 5305 Tyrrell Park Rd. 28 Sign Shop 8 2 1 $148.00/mo 2610 Concord Convention &Visitor's 29 Bureau (CVB) 6 1 1 $56.00/mo 505 Willow 30 Fleet Management 4 1 2 $74.00/mo 4955 Lafin Rd. 31 Fleet Fire Maintenance 2 1 2 $37.00/mo 1125 Archie St. -9- TYPICAL PLACEMENT (SIZE, QUANTITY, OR COLLECTION FREQUENCY NOT GUARANTEED) ITEM Typical Typical Typical Container IESI NO. Facility Placement Container Qty Collections Per Corporation (Cubic Yards) At Location Week Monthly Price Henry Homberg Golf 32 Course 6 1 1 $56.00/mo 5950 Babe Zaharias Water Customer 33 Services 8 1 2 $149.00/mo 1350 Langham Rd. 34 Water Production 10 1 1 $93.00/mo 1550 Pine Total Monthly Charge For Typical Placement: $5,490.00/mo Total Annual Charge For Typical Placement: $65,880.00 Bid Awarded to Triangle Waste Solutions -10- RESOLUTION NO. WHEREAS, bids were solicited for an annual contract for container and solid waste collections; and, WHEREAS, Triangle Waste Solutions, of Port Arthur, Texas, submitted a bid in the amount of$60,628.20; and, WHEREAS, City Council is of the opinion that the bid submitted by Triangle Waste Solutions 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 Triangle Waste Solutions, of Port Arthur, Texas, in the amount of$60,628.20 for container and solid waste collections be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of February, 2011. - Mayor Becky Ames - D RICH WITH OPPORTUNITY I'Lo ► � 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: February 22, 2011 REQUESTED ACTION: Council consider the revision of Resolution 11-056. RECOMMENDATION The administration recommends the revision of Resolution 11-056 for the purchase of a tractor from John Deere Co., of Cary,North Carolina, in the correct amount of$43,444.66 and a mower from Brookside Equipment Sales, of Houston, in the amount of$41,350, for a total of $84,794.66. BACKGROUND The agenda information provided to Council on February 1, 2011, incorrectly represented the cost of the tractor from John Deere to be $43,124.98. A creeper gear, which allows for ultra- slow speed operation of the tractor, should have been included in the original cost. The correct cost of the tractor is $43,444.66, making the total amount of the purchase $84,794.66. The difference in cost is $319.68. BUDGETARYIMPACT Funds are budgeted in the Capital Reserve Fund. RESOLUTION NO. WHEREAS, Resolution No. 11-056, dated February 15, 2011, approved the purchase of a tractor for use by the Parks and Recreation Department, from John Deere Co., of Cary, North Carolina, in the amount of$43,124.98 and the purchase of a mower for use by the Parks and Recreation Department, from Brookside Equipment Sales, of Houston, Texas, in the amount of $41,350.00 through the BuyBoard Cooperative Purchasing Program; and, WHEREAS, agenda information provided to the City Council incorrectly represented the cost of the tractor in that the price of the creeper gear, $319.68, was not included; and, WHEREAS, the cost of creeper gear should have been included in the original price of the tractor; and, WHEREAS, the correct purchase price of the tractor from John Deere Co., of Cary, North Carolina, is $43,444.66; 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 Resolution No. 11-056 be amended to reflect the cost of the tractor, including the creeper gear, from John Deere Co., of Cary, North Carolina, to be $43,444.66 and for the total amount of the purchase to be $84,794.66. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of February, 2011. - Mayor Becky Ames - E RICA WITH OPPORTUNITY 11EA,[114011T City Council Agenda Item T - E • X • A - S TO: City Council FROM: Kyle Hayes, City Manager ff PREPARED BY: Tyrone Cooper, City AttorneyO-L MEETING DATE: February 22, 2011 REQUESTED ACTION: Council consider a resolution authorizing the participation of the City of Beaumont with other municipalities in a Cities Steering Committee in matters concerning Entergy Texas,Inc. before the Public Utilities Commission of Texas and the Federal Energy Regulatory Commission for the calendar year 2011. RECOMMENDATION The Administration requests the adoption of a resolution authorizing the City of Beaumont to participate with other Entergy Texas, Inc. service area cities and to intervene in proceedings filed by ETI before the Public Utilities Commission of Texas and the Federal Energy Regulatory Commission for the calendar year 2011. BACKGROUND Each year the City Council considers a resolution authorizing the participation of the City of Beaumont with other Entergy service area cities in a Cities Steering Committee to address rate and other regulatory matters involving Entergy Texas, Inc. It is anticipated that Entergy will continue to seek base rate revenue increases from the Cities within its service area or the Public Utility Commission. In the past, the Steering Committee of Cities, with the assistance of the Lawton Law Firm, has been able to successfully limit the requested base rate increases to reasonable revenue levels. In December 2010, the Public Utility Commission approved a settlement that was more than $140 million dollars less than the annual base rate revenue requested by Entergy. A one time refund to customers of$18.6 million dollars was also negotiated as part of the settlement. It is also anticipated that Entergy will file various fuel proceedings throughout the upcoming year. Last year, the Cities were able to negotiate favorable settlements for each of the fuel refund February 22, 2011 Page -2- proceedings filed by Entergy. In October 2010, Entergy filed a request to refund approximately $17.8 million dollars to customers over a six(6)month period. The Cities were able to negotiate the refund to customers in an amount of$87.8 million dollars over a three (3)month period of time. In June, Entergy filed another fuel refund proceeding to refund $66.4 million dollars, again, over a six(6)month period of time. The Cities Steering Committee, once again, was able to establish a more favorable refund settlement of$77.1 million dollars over a term of three (3) months. The participation with the Steering Committee Cities, with the assistance of Dan Lawton, has proven to be valuable to the municipalities in establishing fair and reasonable rates for both the company and the customers within the Cities. The City Council has authorized similar resolutions of participation each year since at least 2002. BUDGETARYIMPACT All reasonable expenses associated with rate matters are reimbursable pursuant to state law. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF BEAUMONT, TEXAS, AUTHORIZING PARTICIPATION WITH OTHER ENTERGY SERVICE AREA CITIES IN MATTERS CONCERNING ENTERGY TEXAS, INC. AT THE PUBLIC UTILITY COMMISSION OF TEXAS AND THE FEDERAL ENERGY REGULATORY COMMISSION IN 2011 WHEREAS, Entergy Texas, Inc.'s ("ETI") implementation of customer choice has ceased due to Senate Bill 1492 and ETI will continue to be regulated; WHEREAS, changes to the Public Utility Regulatory Act addressing rates and rate proceedings will have a direct impact on ETI and customer bills during the year and into the future; WHEREAS, ETI is scheduled to litigate requests in various proceedings before the Public Utility Commission, before municipalities, or before the Federal Energy Regulatory Commission in 2011 related to various fuel cost surcharges and reconciliations, capacity cost surcharges and reconciliations; and for any type of incremental base rate adjustment proceedings or a cost allocation adjustments; WHEREAS, ETI is scheduled to file fuel factor proceedings at the Public Utility Commission in February and August 2011, and file other fuel proceedings during 2011 to reconcile fuel, to surcharge or refund fuel charges, and to change the fuel mechanism, along with various surcharge requests impacting rates; WHEREAS, ETI is scheduled to file a proceeding to determine the proper Texas allocation of rough production cost equalization payments from Entergy Arkansas to be refunded to Texas customers; WHEREAS, ETI is scheduled to file a proceeding to recover costs incurred in association with its Energy Efficiency Plan; WHEREAS, Cities have the statutory right to set fair and reasonable rates for both the Company and ratepayers within Cities; WHEREAS, Cities have original jurisdiction over rates, operations, and services of an electric utility in areas in the municipality pursuant to Tex. Util. Code § 33.001; WHEREAS, Cities have standing in each case before the Public Utility Commission of Texas that relates to an electric utility providing service in the municipality pursuant to TEx. UTiL. Code § 33.025, and standing before each Federal Energy Regulatory Commission case in which the City may be affected pursuant to 18 C.F.R. § 385.214; WHEREAS, Cities are entitled to reimbursement by the utility of their reasonable rate case expenses to participate in cases that are deemed rate proceedings pursuant to Tex. Util. Code § 33.023; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS: SECTION 1. The City of Beaumont shall participate with other Cities to intervene in ETI's various rate filings related to the various fuel cost surcharges and reconciliations, capacity cost surcharges and reconciliations, the allocation and refund of rough production cost equalization payments, and for any base rate adjustment proceedings or cost of service adjustments on file with the Public Utility Commission or with municipalities in 2011 and seek appropriate regulatory scrutiny in any case on file at the Federal Energy Regulatory Commission affecting the City and its residents. The City of Beaumont shall participate with other Cities to intervene in fuel or fuel related proceedings at the Public Utility Commission and the Federal Energy Regulatory Commission on file in 2011 concerning ETI's rates charged to Texas customers. All such actions shall be taken pursuant to the direction of the Cities' Steering Committee. Cities' Steering Committee shall have authority to retain rate consultants and lawyers. Cities' Steering Committee shall direct the actions of Cities' representatives in the above proceedings. The Steering Committee is directed to obtain reimbursement from ETI of all reasonable expenses associated with participation in said proceedings. SECTION 2. This Resolution shall be effective from and after the date of its passage. PASSED BY THE CITY COUNCIL of the City of Beaumont this 22nd day of February, 2011. - Mayor Becky Ames - ATTEST: Tina Broussard City Clerk RICH WITH OPPORTUNITY r C . T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attornex-� MEETING DATE: February 22, 2011 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Frederick Ogbutor. RECOMMENDATION The City Attorney requests approval of a resolution authorizing the settlement of the claim of Frederick Ogbutor in the amount of$11,591.17. BACKGROUND Council discussed the settlement of this claim in Executive Session on Tuesday, February 15, 2011. BUDGETARYIMPACT There are sufficient funds in the Liability Trust Fund. RESOLUTION NO. WHEREAS, the claim of Frederick Ogbutor has been discussed in an Executive Session properly called and held Tuesday, February 15, 2011; and, WHEREAS, the Council desires to authorize the settlement of the claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized to settle the claim of Frederick Ogbutor in the amount of Eleven Thousand Five-Hundred Ninety-One and 17/100 Dollars ($11,591.17). PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of February, 2011. - Mayor Becky Ames - BIOS SITS OPPORTUNITY BEAUMON* T # Z ; * 6 REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 22,2011 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition: Receive presentation from Beaumont Main Street * Public Comment: Persons may speak on scheduled agenda item 1-3/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider approving a contract for reconstruction of Babe Zaharias Park Walking Trail 2. Consider approving a contract for the installation of a Sound Reinforcement System in the Event Center 3. Consider approving a resolution of preliminary support of the proposed Beaumont Place of Grace, a proposed Low Income Housing Tax Credit project COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment(Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Beaumont Police Officers Association vs. City of Beaumont,Texas,et al, Cause No. E-187,102 Beaumont Police Officers Association, et al vs. City of Beaumont, et al, Cause No. A-0186653 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 February 22,2011 Consider approving a contract for reconstruction of Babe Zaharias Park Walking Trail RICH WITH OPPORTUNITY BEAUMON* T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes,City Manager PREPARED BY: Patrick Donart, Public Works Director PO MEETING DATE: February 22,2011 REQUESTED ACTION: Council consider the award of a bid for Reconstruction of Babe Zaharias Park Walking Trail. RECOMMENDATION Administration recommends the award of a bid to Racehorse Foundation, Inc. of Lumberton, Texas in the amount of$157,692.50. BACKGROUND Bids were received on Thursday,January 27,2011 for furnishing all labor,materials,equipment and supplies to reconstruct the walking trails at Babe Zaharias Park located at IH-10 and Gulf Street. The current asphalt walking path is approximately 6,030 linear feet,or approximately 1.14 miles. The width of the existing trail ranges from four to six feet with the majority of the trail being five feet. The asphalt has deteriorated beyond repair and will be removed and replaced with a five(5) ft. wide concrete walking path. Fourteen(14)bids were received as follow: CONTRACTOR LOCATION AMOUNT BID CALENDAR DAYS Racehorse Foundation,Inc. Lumberton $157,692.50 45 H.B.Neild&Sons Beaumont $163,049.01 90 Ranger Construction Galena Park $171,840.00 85 Reconstruction of Babe Zaharias Walking Trail February 22,2011 Page 2 Bruce's General Construction Beaumont $178,413.48 75 Brystar Contracting Beaumont $190,900.00 150 Brammer Construction Nederland $197,530.00 120 L&L General Contractors Beaumont $201,900.00 100 Simco Enterprises Groves $206,150.00 120 Allco Beaumont $209,000.00 70 Bean Construction Newton $214,661.00 90 Norman Highway Orange $220,900.00 180 Landscape Art,Inc. League City $256,200.61 120 APAC Beaumont $261,880.00 100 Laser Construction Houston *$188,745.00 60 *partial bid Work is expected to commence in February and be completed in approximately forty-five(45) days. There are liquidated damages in the contract if the contractor does not complete the work in the forty-five calendar days,however we feel the work can reasonably be completed in the time frame. Reconstruction of Babe Zaharias Walldng Trail February 22,2011 Page 3 Racehorse Foundation, Inc. has worked as a subcontractor on several projects in Beaumont including the Gulf Terrace Hike and Bike Trail. The Gulf Terrace trail was approximately 2.5 miles in length. There is no Minority Business Enterprise participation on this project. The project will be completed solely by Racehorse Foundation, Inc. forces. BUDGETARY IMPACT Funds for this project are budgeted in the Capital Program. RESOLUTION NO. WHEREAS, bids were solicited for all labor, materials, equipment and supplies necessary to reconstruct the walking trails at Babe Zaharias Park located at IH-10 and Gulf Street; and, WHEREAS, Racehorse Foundation, Inc., of Lumberton, Texas, submitted a bid in the amount of$157,692.50; and, WHEREAS, City Council is of the opinion that the bid submitted by Racehorse Foundation, Inc. should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Racehorse Foundation, Inc., of Lumberton, Texas, in the amount of $157,692.50 for all labor, materials, equipment and supplies necessary to reconstruct the walking trails at Babe Zaharias Park located at IH-10 and Gulf Street, be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of February, 2011. - Mayor Becky Ames - 2 February 22,2011 Consider approving a contract for the installation of a Sound Reinforcement System in the Event Center RICH WITH OPPORTUNITY [IEAUMON* T • E ,• x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager D PREPARED BY: Patrick Donart, Public Works Director PD MEETING DATE: February 22, 2011 REQUESTED ACTION: Council consider a contract for the installation of a Sound Reinforcement System in the Event Center. RECOMMENDATION Administration recommends the award of a contract to Gulf Coast Audio of Beaumont in the amount of$199,747. BACKGROUND Six bids were received on January 27, 2011 for furnishing all labor, equipment, and materials to install a sound reinforcement system in the Event Center. The proposed system is a concert quality sound system that will handle sound reinforcement needs for a wide variety of activities ranging from single microphone events to full-scale musical concert productions. The following bids were received: Contractor Location Bid Gulf Coast Audio Beaumont $199,747.00 Bounce Multimedia Beaumont $201,000.00 Covenant Communications Corporation Houston $209,000.00 Hairel Enterprises Conroe $211,000.00 Advanced Systems Alarm Services Beaumont $220,093.81 Ace Audio Communications Hutto $262,952.00 Work is expected to commence in June and will be completed in approximately thirty(30) days. BUDGETARY IMPACT Funds for this project are available in the Capital Program. RESOLUTION NO. WHEREAS, bids were solicited for a contract to furnish all labor, equipment and materials to install a sound reinforcement system in the Downtown Event Center; and, WHEREAS, Gulf Coast Audio, of Beaumont, Texas, submitted a bid in the amount of$199,747; and, WHEREAS, City Council is of the opinion that the bid submitted by Gulf Coast Audio 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 Gulf Coast Audio, of Beaumont, Texas, in the amount of$199,747 to furnish all labor, equipment and materials to install a sound reinforcement system in the Downtown Event Center be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of February, 2011. - Mayor Becky Ames - 3 February 22, 2011 Consider approving a resolution of preliminary support of the proposed Beaumont Place of Grace, a proposed Low Income Housing Tax Credit project RICH WITH OPPORTUNITY BEAUMON* T • 11 • X • A . s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager Gl PREPARED BY: Chris Boone, Community Development Director MEETING DATE: February 22, 2011 REQUESTED ACTION: Council consider a resolution of preliminary support of the proposed Beaumont Place of Grace,a proposed Low Income Housing Tax Credit(LIHTC)project. RECOMMENDATION The Administration recommends approval. BACKGROUND The City of Beaumont receives an annual allocation of HOME Investments Partnerships funds from the U. S. Department of Housing and Urban Development(HUD) and has previously used these funds to support Low Income Housing Tax Credit(LIHTC)projects. ITEX Property Management, LLC has submitted a request for a$576,000 loan from the 2011 HOME program allocation. Given that the City can not yet commit future funding, this request would need to be considered at a future date. In addition, because the City is now working to fund multiple Community Housing Development Organizations(CHDO's)this amount of funding would probably not be recommended. Again, such funding decisions would be considered by Council at a future date. However, ITEX will soon be submitting an application to the Texas Department of Housing and Community Affairs(TDHCA)for use of LIHTC funds for the construction of a one hundred twenty-eight(128)unit senior housing development at 4400 Warren Street. Currently, the area of the proposed development has more than twice the state average of subsidized housing units per capita. As such, additional subsidized units would not be allowed in this area unless the proposed development and the allocation of tax credits is supported by the City Council. Approval of this resolution would allow TDHCA to consider funding Beaumont Place of Grace. BUDGETARY IMPACT None at this time,but use of 2011 HOME funds may be considered at a future date. BEAUMONT PLACE OF GRACE, LP PO BOX 1363,NEDERLAND,TEXAS 77627 409-724-00201409-721-6603(F) February 15, 2011 Christopher S. Boone, AICP Community Development Director City of Beaumont 801 Main, Suite 201 Beaumont, Texas 77701 (409) 880-3100 (409) 880-3133 Fax cboone@ci.beaumont.tx.us RE: Beaumont Place of Grace HOME Funds Application Request Beaumont Place of Grace, LP is requesting permanent HOME funds from the City of Beaumont in the amount of$576,000. The terms will be for 25 years at a rate at or below the Applicable Federal Rate(AFR)payable from surplus cash as determined by the U.S. Department of HUD at the time of closing. This source of funds will be used to pay construction hard costs for the new construction of one hundred twenty-eight (128)units at the elderly designated Place of Grace Apartments located at 4400 Warren Street. If we are awarded Housing Tax Credits from TDHCA,then we will complete the necessary environmental clearances for the project. Next, we will close on our construction financing in December 1, 2011 and begin construction immediately. Your permanent source of funds would be expected to be disbursed at the closing of the permanent financing in February of 2013. In order to meet the necessary requirement to the Texas Department of Housing and Community Affairs(TDHCA), we request that you review provide us a letter in return confirming that the application has been received and will be processed. In addition, you must confirm the terms that we are requesting and that the funds have not been previously provided to the City of Beaumont by the applicant or an affiliate. Sincerely, Christopher A. Akbari Authorized Representative. RESOLUTION NO. WHEREAS, the City Council of the City of Beaumont(the"City") has been apprised of the pending application for tax credits (the "Application") filed for the new construction of Beaumont Place of Grace Apartments (the "Development") a new construction senior housing project located within the Pear Orchard neighborhood and Empowerment Zone #2 with the Texas Department of Housing and Community Affairs ("TDHCA"); and, WHEREAS, the City is a municipality that has more than twice the state average of residential units per capita supported by tax credits or private activity bonds at the time the 2010 Application Round begins, and therefore, under Section 50.5 (a)(7) of the 2010 Qualified Allocation Plan and Rules adopted by TDHCA, as set forth in Title 10, Part 1 of the Texas Administrative Code(the"W"), the TDHCA requires the express prior support of the governing body of the City and a written statement of support of the allocation of Housing Tax Credits in order for the Applicant to be awarded an allocation of Housing Tax Credits by TDHCA; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT THAT: SECTION 1. This resolution in no way commits the City of Beaumont to provide any funding for the proposed project. SECTION 2. This project is still subject to any and all zoning and construction regulations and will be required to comply with such. SECTION 3. The governing body of the City hereby offers preliminary support for the construction of the Development within the City. SECTION 4. The governing body of the City hereby supports the allocation of Housing Tax Credits for the Development. SECTION 5. The governing body of the City hereby acknowledges that this resolution shall constitute a written statement of support for the construction of the Development as required by Section 50.5(7)(B) of the QAP. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of February, 2011. - Mayor Becky Ames -