Loading...
HomeMy WebLinkAboutPACKET MAY 17 2011 RICK WITH OPPORTUNITY BEAUMON* T . 9 Z 9 X i A * .8 REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MAY 17,2011 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda item No. 1/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider approving a three-year contract for grounds maintenance and litter removal for the Central Business District 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: Robert F. Ramsey, Sr. v. City of Beaumont; Cause No. E-182,229 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 Consider approving a three-year contract for grounds maintenance and litter removal for the Central Business District II RICH WITH OPPORTUNITY 11EA.,[1110N T - E • z • A & S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: May 17, 2011 REQUESTED ACTION: Council consider the award of a three-year contract for grounds maintenance and litter removal for the Central Business District. RECOMMENDATION The Administration recommends the award of a contract to Beaumont Products and Services, Inc.(BPS), of Beaumont. BACKGROUND BPS is defined as a private not-for-profit State Certified Workshop. State Certified Workshops encourage and assist disabled persons to achieve maximum personal independence by engaging in useful and productive activities. Job programs are designed for disabled individuals and marketed throughout the community. The State exempts political subdivisions from competitive bidding requirements when contracting with a certified workshop. BPS has been furnishing ground maintenance and litter removal services for the past fourteen (14) years. Grounds maintenance services include mowing, edging, sweeping and litter removal for the grounds at City Hall, Civic Center, Beaumont Public Library, Police Building, Julie Rogers Theatre, Tyrrell Historical Library, Delia Harrington Park, Henry Dannenbaum Transfer Facility, Riverfront Park, and Central Business District medians and boulevards. BUDGETARYIMPACT Funding sources for the contract are as follows: LOCATION RATE FUNDING SOURCE Central Business District $10,677.42/month General Fund Hem Dannenbaum Transfer Center $1,450.39/month Beaumont Municipal Transit Contract for Grounds Maintenance and Litter Removal May 17, 2011 Page 2 The rates above reflect an increase of 2.5% over last year's rates. This increase was calculated using the Consumer Price Index (CPI) calculations based upon the Houston-Galveston-Brazoria area statistics. The Contract allows for a yearly CPI increase with a ceiling of 2.5%. Cost per year for the Central Business District at the current rate will be $128,129.04. Cost per year for the Henry Dannenbaum Transfer Center will be $17,404.68. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves a three (3)year contract beginning May 18, 2011, with Beaumont Products and Services, Inc. (BPS), of Beaumont, Texas, for basic grounds maintenance and litter removal services at Beaumont's Central Business District and Henry Dannenbaum Transfer Center in the amounts shown below: LOCATION RATE FUNDING SOURCE Central Business District $10,677.42/month General Fund Henry Dannenbaum Transfer Center 1,450.39/month Beaumont Municipal Transit THAT the City Manager be and he is hereby authorized to execute a contract with Beaumont Products and Services, Inc. (BPS) for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the17th day of May, 2011. - Mayor Becky Ames - RICK NITS OPPORTUNITY BEAUMON* REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MAY 17,2011 1:30 P.M. CONSENT AGENDA * Approval of minutes—May 10,2011 * Confirmation of committee appointments A. Approve a contract for the Summer Food Service Program B. Approve a contract for improvements to the Police Building C. Approve an application for, and acceptance of, funding from the Texas Comptroller's office for Tobacco Compliance D. Authorize the City Manager to sign a contract with South East Texas Regional Planning Commission related to 9-1-1 service and the use of 9-1-1 funds E. Approve repealing Resolution 11-027 accepting a ten foot wide Exclusive Sanitary Sewer Easement located at 5535 Calder Avenue A RICH WITH OPPORTUNITY BEAUMON* T * Z • X • A • 9 City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: May 17, 2011 REQUESTED ACTION: Council consider awarding a contract for the Summer Food Service Program. RECOMMENDATION The Administration recommends the award of a contract to Novrosky's, of Beaumont, in the amount of$3.09 per lunch served. BACKGROUND The program, which is funded by the US Department of Agriculture and administered by the Texas Department of Agriculture, provides free, nutritious, and well-balanced meals for any child from one(1)to eighteen(18)years of age. This is the nineteenth year the Recreation Division has participated in this program. The 2011 Summer Food Service Program will begin June 6, 2011 and continue through August 12, 2011. Lunches will be served Monday through Friday excluding the Independence Day holiday on July 4. Children need only be present to receive a lunch. Enrollment in a camp activity is not required. Summer activities(Books and Bites)and games will be provided at each site before meals are served. Last year, 31,107 meals were delivered at a cost of$3.24 per lunch for a total of$100,786.68. Lunches were served for forty-nine(49)days last summer at ten(10)locations. This year's program will provide lunches for forty-nine(49)days and includes a new location at Pointe North in place of Tracewood Apartments where participation has declined in recent years. 2011 Summer Food Service Program May 17, 2011 Page 2 The ten(10)locations are as follows: SITE ADDRESS Alice Keith Park 4050 Reed Cathedral Baptist Church 3210 Elmira Central Park 640 Fourth Concord Homes Apartments 2020 Cottonwood Magnolia Park 2930 Gulf North Ride Apartments 4155 Maida Pointe North 3710 Magnolia Roberts Park 2755 Avenue C SE TX Family Resource Center 2060 Irvin Sprott Park 4325 Usan Bids were solicited from twelve (12) food service vendors with four (4) vendors responding. Bids received were as follows: VENDOR PRICE PER MEAL Novro 's, Beaumont $3.09 Moncla's Inc. Beaumont $3.18 Selrico Services, Inc., San Antonio $3.28 Homest le Cafe& Catering, Beaumont *$3.00 * Bid did not meet specifications BUDGETARY EWPACT The estimated total cost based on serving an estimated 40,670 lunches at $3.09 each is $125,670.30. The Texas Department of Agriculture will reimburse the City up to $3.24 per meal. RESOLUTION NO. WHEREAS, bids were received for a contract to furnish lunches for the Summer Food Service Program funded by the U.S. Department of Agriculture, administered by the Texas Department of Agriculture and sponsored by the City of Beaumont Recreation Division; and, WHEREAS, Novrosky's, of Beaumont, Texas, submitted a bid for an estimated quantity of 40,670 lunches served in the bid amount of $3.09 per lunch for an estimated expenditure of$125,670.30; and, WHEREAS, City Council is of the opinion that the bid submitted by Novrosky's, of Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Novrosky's, of Beaumont, Texas, for the Summer Food Service Program administered through the Recreation Division for an estimated quantity of 40,670 lunches served in the bid amount of $3.09 per lunch for a n estimated expenditure of$125,670.30 be accepted by the City of Beaumont; and, THAT the City Manager be and he is hereby authorized to execute a contract with Novrosky's for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of May, 2011. - Mayor Becky Ames - B RICH WITH OPPORTUNITY 1 T • E • x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart,Public Works Director MEETING DATE: May 17, 2011 REQUESTED ACTION: Council consider approving a contract for improvements to the Police Building. RECOMMENDATION Administration recommends the approval of a contract to GADV Inc. dba L&L Contractors of Beaumont in the amount of$46,250 for skylight and lighting improvements. BACKGROUND Four(4)bids were received for applying a wind rated roof over the existing skylight and installing new interior lighting in the atrium. The skylight installed at the time the building was constructed continues to leak during rain events. Repairs have been made over the years but the skylight is not waterproof and continues to leak. In an effort to harden the building so it can be used during disaster weather events, it was determined that the skylight should be covered with a wind rated roof and sealed. In doing so, the natural lighting of the building will be significantly reduced. This project includes installing a false interior ceiling and light fixtures. The bids received are as follow: Contractor Base Bid Completion Time GADV, Inc. dba L&L Contractors $46,250 45 days H. B. Neild& Sons, Inc. $49,180 30 days Mike Barnett Construction $49,780 45 days Bruce's General Construction $99,000 45 days Improvements to Police Building May 17, 2011 Page 2 BUDGETARY E"ACT 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$11,562.50 is available in Capital Reserve Fund. RESOLUTION NO. WHEREAS, bids were received for skylight and lighting improvements to the Police Department Building located at 255 College Street; and, WHEREAS, GADV, Inc. dba L&L Contractors,of Beaumont,Texas, submitted a bid in the amount of$46,250; and, WHEREAS, City Council is of the opinion that the bid submitted by GADV, Inc. dba L&L Contractors, 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 GADV, Inc. dba L&L Contractors, of Beaumont, Texas, for skylight and lighting improvements to the Police Department Building located at 255 College Street, in the amount of$46,250, be accepted by the City of Beaumont; and, THAT the City Manager be and he is hereby authorized to execute a contract with GADV, Inc. dba L&L Contractors for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of May, 2011. - Mayor Becky Ames - RICH WITH OPPORTUNITY r T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Frank C. Coffin, Jr. MEETING DATE: May 17, 2011 REQUESTED ACTION: Council consider authorizing an application for, and acceptance of, funding from the Texas Comptroller's office for Tobacco Compliance. RECOMMENDATION Administration recommends approval. BACKGROUND The Beaumont Police Department has participated in the enforcement of Texas Tobacco laws for over five years through various grant programs. These programs target establishments that sell tobacco to minors through inspections and controlled buys. These efforts have resulted in increased compliance with tobacco laws and a reduction in the use of tobacco by minors in the area and statewide. These programs are required for the State of Texas to continue receiving certain types of federal funding which is based upon statewide tobacco law compliance. The Texas Comptroller's Office FY 2011 award was $7,000.00. Funding is used to cover overtime cost to implement the program. BUDGETARYIMPACT There are no matching funds required. 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 apply for and accept a Tobacco Compliance Grant from the Texas Comptroller's Office to assist Beaumont police officers to enforce the Texas Tobacco Laws. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of May, 2011. - Mayor Becky Ames - RICH WITH OPPORTIINITY D BEA,IIMON* T • E • X . A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer $Q MEETING DATE: May 17, 2011 REQUESTED ACTION: Council consider authorizing the City Manager to sign a contract with the South East Texas Regional Planning Commission (SETRPC) entitled "Interlocal Agreement Relating to the Planning, Development, Operation and Provision of 9-1-1 Service and the Use of 9-1-1 Funds". RECOMMENDATION The Administration recommends approval to authorize the City Manager to execute the agreement with the SETRPC. BACKGROUND The City of Beaumont and the SETRPC first signed a similar agreement in February 1999. Subsequent agreements have been signed when wording needed to be changed. The last agreement was signed in March 2009. The agreement was developed in cooperation with the SETRPC Legal Counsel and the Commission on State Emergency Communications (CSEC) and meets the State of Texas requirements of program and system accountability regarding the 9-1-1 program. The agreement outlines the roles and responsibilities of the SETRPC and local governments in the provision of 9-1-1 related service. This agreement supersedes the previous agreement signed in March 2009. BUDGETARY IMPACT None. SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION 9-1-1 NETWORK INTERLOCAL AGREEMENT RELATING TO THE PLANNING, DEVELOPMENT, OPERATION AND PROVISION OF 9-1-1 SERVICE AND THE USE OF 9-1-1 FUNDS This Agreement is entered into between the South East Texas Regional Planning Commission and the City of Beaumont, Texas South East Texas Regional Planning Commission INTERLOCAL AGREEMENT FOR PLANNING, DEVELOPMENT, OPERATION AND PROVISION OF 9-1-1 SERVICE AND USE OF 9-1-1 FUNDS Parties and Purpose 1.1 The South East Texas Regional Planning Commission (SETRPC) is a regional planning commission and political subdivision of the State of Texas organized and operating under the Texas Regional Planning Act of 1965, as amended, Chapter 391 of the Local Government Code. SETRPC has developed a strategic plan for the administration and operation of 9-1-1 emergency telephone service in Hardin,Jefferson and Orange counties which has been approved by the Commission on State Emergency Communications (CSEC). 1.2 The City of Beaumont (Public Agency) is a Texas municipality that operates one or more Public Safety Answering Points (PSAP) that assist in implementing the 9-1-1 strategic plan as authorized by Chapter 771 of the Texas Health and Safety Code. 1.3 This Agreement is entered into between SETRPC and Public Agency under Chapter 791 of the Government Code. This Agreement relates to the planning, development, operation and provision of 9-1-1 service, the use of 9-1-1 funds and adherence to applicable law. Goods and Services 2.1 Public Agency agrees to: 1. Cooperate with SETRPC in acquiring and installing necessary equipment for the 9-1-1 system. 2. Comply with applicable provisions of the Uniform Grant Management Standards (UGMS), as established by the Governor's Office of Budget and Planning, under the authority of Chapter 783 of the Texas Government Code. 3. Comply with UGMS, applicable law, and SETRPC policies, as outlined in Section 3 of this Agreement related to ownership, transfer of ownership, and/or control of equipment acquired with 9-1-1 funds in connection with providing 9-1-1 service. 4. Abide by all rules, regulations, performance training standards, etc. adopted by SETRPC and CSEC or its successor agency. 5. Purchase supplies such as printer paper, printer ribbons, cleaning materials, etc. necessary for the continuous operation of the PSAP(s). 2 6. Secure premises of PSAP(s) against unauthorized entrance and protect the 9-1-1 equipment from unauthorized use and ensure sufficient controls and security exists by which to protect and safeguard the 9-1-1 equipment against loss, damage or theft. 7. Practice preventive maintenance for the 9-1-1 equipment, including at a minimum, testing emergency power generators periodically and ensuring that all equipment is working properly. 8. Participate in emergency communications training for call takers/dispatchers as scheduled and provided by SETRPC. 9. Complete such reports and other documentation as may be reasonably required by CSEC, the PSAPs, SETRPC or the service provider. 9-1-1 Equipment Purchasing and Leasing 3.1 SETRPC hereby agrees to provide services and equipment, whether purchased or leased, for Public Agency including all non-recurring and monthly recurring charges for equipment and network charges approved by CSEC. SETRPC also agrees to provide for repairs, updates to and replacement of equipment as deemed necessary by SETRPC and as approved by CSEC. All leased equipment remains the sole property of the lessor. 3.2 Except as noted in paragraph 3.6, SETRPC owns all 9-1-1 equipment purchased on behalf of Public Agency with emergency service fees. Public Agency is licensed to use the 9-1-1 equipment in providing enhanced 9-1-1 emergency telephone services. 3.3 Public Agency agrees to notify SETRPC in writing before encumbering, transferring, or otherwise disposing of the 9-1-1 equipment. In addition, Public Agency and PSAP(s) shall reimburse SETRPC and/or CSEC, as applicable, for damage to 9-1-1 equipment caused by intentional misconduct, abuse, misuse, or negligence by PSAP employees, normal wear and tear or ordinary day to day use of equipment excepted. Further, upon the installation of any additional equipment or software by SETRPC, Public Agency agrees to comply with the provisions of Exhibit "A" attached hereto and incorporated herein as referenced. 3.4 Public Agency acknowledges that SETRPC representatives will visit Public Agency on a regular basis to monitor functionality and use of all equipment associated with 9-1-1 call handling and processing and on an annual basis to conduct a physical inventory of all said equipment. 3.5 Paragraphs 3.1, 3.2 and 3.3 survive the expiration or early termination of the Agreement and continue in effect so long as Public Agency uses the 9-1-1 equipment. 3 3.6 When 9-1-1 equipment is purchased with a combination of monies from Public Agency and emergency service fees, SETRPC may elect to transfer ownership of said equipment to Public Agency. SETRPC will provide Public Agency with a "Certificate of Purchase by City/County/Agency Transfer of Ownership" document outlining the responsibilities of Public Agency. Those responsibilities include but are not limited to maintenance of equipment and ensuring equipment is fully functional at all times. Additionally, Public Agency shall provide adequate insurance policies on said equipment to provide for replacement of equipment in case of loss where applicable. 3.7 SETRPC will provide 9-1-1 funds to Public Agency and/or PSAP(s) on a reimbursement basis using a monitoring process that provides assurances that the reimbursement requests from the Public Agency and/or PSAP(s) are complete, accurate and appropriate. Effective Date and Term of Contract 4.1 The term of this Agreement shall be two years, effective on September 1, 2011 and shall terminate on August 31, 2013. Independent Contractor 5.1 Public Agency is not an employee or agent of SETRPC, but furnishes services under this Agreement solely as an independent contractor. Assignment and Subcontracting 6.1 Public Agency may not assign its rights or subcontract its duties under this Agreement without the prior written consent of SETRPC. An attempted assignment or subcontract in violation of this paragraph is void. 6.2 If SETRPC consents to subcontracting, each subcontract is subject to all of the terms and conditions of this Agreement and Public Agency agrees to furnish a copy of this Agreement to each of its subcontractors. Records 7.1 Public Agency agrees to assist SETRPC, where applicable, in maintaining a current inventory of all 9-1-1 equipment consistent with UGMS and applicable federal and state law. 7.2 Public Agency and PSAP(s) agree to comply with SETRPC requirements for documenting and reporting 9-1-1 data base errors and ANI/ALI problems. 7.3 Public Agency and PSAP(s) agree to maintain adequate fiscal records and supporting documentation for all 9-1-1 funds reimbursed to Public Agency and PSAP(s) and all 9-1-1 funds 4 spent by Public Agency and PSAP(s) in accordance with UGMS and applicable federal and state law. 7.4 Subject to the additional requirements of paragraph 7.5, Public Agency agrees to preserve records for a minimum of 3 years. 7.5 If information in the records or an audit is disputed or the subject of litigation, Public Agency agrees to preserve the records until the dispute or litigation is finally concluded, regardless of the expiration or early termination of this Agreement. 7.6 SETRPC is entitled to inspect and copy, during normal business hours at Public Agency's offices where they are maintained,the records maintained under this Agreement for as long as they are preserved. 7.7 SETRPC is entitled to visit Public Agency's offices,talk to its personnel, monitor and inventory equipment and audit its records during normal business hours to assist in evaluating its performance under this Agreement. 7.8 SETRPC, CSEC, the Texas State Auditor, and/or their duly authorized representatives shall have access to and the right to examine all books, accounts, records,files and/or other papers or property belonging to or in use by Public Agency and/or PSAP(s) as they pertain to 9-1-1 service. Nondiscrimination and Equal Opportunity 8.1 Public Agency shall not exclude anyone from participating under this Agreement, deny anyone benefits under this Agreement, or otherwise unlawfully discriminate against anyone carrying out this Agreement because of race, color, religion, sex, age, disability, handicap or national origin. Dispute Resolution 9.1 The parties desire to resolve disputes arising under this Agreement without litigation. Accordingly, if a dispute arises the parties agree to attempt in good faith to resolve the dispute between them. To this end the parties agree not to sue one another, except to enforce compliance with paragraphs 9.1 -9.2, until they have exhausted the procedures set out in these paragraphs. 9.2 At the written request of either party, each party shall appoint one non-lawyer representative to negotiate informally and in good faith to resolve any dispute arising under this Agreement. The representatives appointed shall determine the location, format, frequency, and duration of the negotiations. 5 9.3 If the representatives cannot resolve the dispute within 30 calendar days after the first negotiation meeting,the parties agree to refer the dispute to the Dispute Resolution Center of Jefferson County for mediation in accordance with the Center's mediation procedures by a single mediator assigned by the Center. Each party shall pay half the cost of the Center's mediation services. 9.4 The parties agree to continue performing their duties under this Agreement, which are unaffected by the dispute, during the negotiation and mediation process. Suspension for Unavailability of Funds; Withholding, Decrease or Reimbursement of Funds Due to Non-Compliance 10.1 Public Agency acknowledges that SETRPC's sole source of funding for this contract is 9-1-1 emergency service fees. In the event that: (1) SETRPC's approved budget and/or appropriations to CSEC from the Texas Legislature do not permit or otherwise appropriate funds for reimbursement to Public Agency provided for in this Agreement, and (2) Such lack of permission or non-appropriation shall not have resulted from any act or failure to act on the part of SETRPC, and (3) SETRPC has exhausted all funds legally available for reimbursement to Public Agency and no other legal procedures shall exist whereby payment hereunder can be made to Public Agency, and (4) SETRPC has negotiated in good faith with Public Agency to develop an alternative payment schedule or new agreement that will accommodate SETRPC's approved budget and/or appropriation for the applicable period, then SETRPC will not be obligated to reimburse Public Agency for the applicable budget year(s). 10.2 Public Agency acknowledges that SETRPC may withhold, decrease or seek reimbursement of 9-1-1 funds in the event that such funds are or were used in non-compliance with applicable federal or state law. Further, Public Agency and PSAP(s) shall return or reimburse SETRPC and/or CSEC, as applicable, any 9-1-1 funds used in non-compliance with applicable law. Such return or reimbursement shall be made by the Public Agency or PSAP(s) within sixty (60) days after demand by SETRPC unless an alternative payment plan is approved by SETRPC and CSEC. 6 Termination for Convenience 11.1 Either party may terminate this Agreement in its entirety for convenience by giving the other notice of intent to terminate. After the notice is received,the parties shall negotiate in good faith the terms and effective date of the termination. In any event, however,this contract terminates 60 calendar days after a party receives the notification of termination. Notice to Parties 12.1 Notice under this Agreement must be in writing and received by the party against whom it is to operate. Notice is received by a party (1) when it is delivered to the party personally; (2) when a party receives a facsimile of the notice, as confirmed by the sender's facsimile machine; (3) on the date shown on the return receipt if mailed by registered or certified mail, return receipt requested to the party's address specified in paragraph 12.2 and signed on behalf of the party; or (4)three business days after its deposit in the United States mail, with first-class postage affixed, addressed to the party's address specified in paragraph 12.2. 12.2 SETRPC's address is 2210 Eastex Freeway, Beaumont, Texas 77703, Attention 9-1-1 Director. SETRPC's telephone number is (409) 724-1911, and its facsimile number is (409) 347- 1953. Public Agency's address is 801 Main Street, Beaumont, Texas 77704. Attention Ricky Smith, 911 Operations Center. Public Agency's telephone number is (409) 980-7229 and its facsimile number is (409) 980-7224. 12.3 Public Agency agrees to notify SETRPC of a change of address or contact information by providing notice of the change in accordance with paragraph 12.1. Further Agreements; Miscellaneous 13.1 By their respective signatures below, SETRPC, Public Agency and PSAP(s) commit to continue providing 9-1-1 services as a condition of the receipt of 9-1-1 funds as prescribed by the SETRPC strategic plan. 13.2 Each individual signing this Agreement on behalf of a party warrants that he or she is legally authorized to do so and that such party is legally authorized to perform the obligations undertaken. 13.3 This Agreement states the entire agreement of the parties. Any amendment to this Agreement is not effective unless in writing and signed by all parties. 13.4 This Agreement is binding on and inures to the benefit of the parties' successors in interest. 13.5 This Agreement is executed in duplicate originals. 7 City of Beaumont South East Texas Regional Planning Commission Signature: Signature: Printed Name: Printed Name: Title: Title: Date: Date: 8 Exhibit A PSAP Rules Regarding 9-1-1 Equipment 1. Only the designated PSAP Coordinator or other designated supervisor is to have the administrative password or security code for the 9-1-1 computer equipment. 2. No unauthorized software is to be loaded onto the 9-1-1 system. 3. No unauthorized personnel are to service or repair the 9-1-1 system components. 4. No unauthorized personnel are to use the 9-1-1 system. 5. PSAP personnel are responsible for reporting any hardware or software problems to the appropriate service provider and/or SETRPC within a reasonable period from the time the problem was first detected. 6. Public Agency and PSAP(s) shall be liable for expenses incurred by SETRPC in repairing or replacing software or hardware that must be replaced due to abuse or negligence or as a direct result of any violation of the rules stated herein. 7. Public Agency and PSAP(s) will not be held monetarily liable for costs incurred for items that are covered by warranty or if they are the result of an incident over which Public Agency or PSAP(s) have no control (i.e. lightning, water as a result of flooding, etc.) 8. Failure to abide by these rules may result in SETRPC terminating this Agreement and not placing a PSAP at that location. 9 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 contract with the South East Texas Regional Planning Commission (SETRPC) relating to the planning, development, operation and provision of 9-1-1 service and the use of 9-1-1 funds. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of May, 2011. - Mayor Becky Ames - RICH WITH OPPORTUNITY 11EA,,[1M0N* T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager Qom. PREPARED BY: Patrick Donarf, Public Works Director MEETING DATE: May 17, 2011 REQUESTED ACTION: Council consider a resolution repealing resolution 11-027 accepting a ten foot(10') wide Exclusive Sanitary Sewer Easement. RECOMMENDATION The Administration recommends the repeal of resolution 11-027 accepting a Sanitary Sewer Easement located at 5535 Calder Avenue. BACKGROUND On January 18, 2011 Council approved Resolution No. 11-027 where Colburn McClelland offered to convey a ten foot (10')wide sanitary sewer easement for the property located at 5535 Calder Avenue. The conveyance of the ten foot (10') wide sanitary sewer easement was needed because the existing sanitary sewer line(s) were outside the boundaries of the sanitary sewer easement. The Water Utilities Department has since re-located the line into an existing sanitary sewer easement thereby making the acceptance of the offer of Colburn McClelland to convey the ten foot (10') wide sanitary sewer easement unnecessary for the property described as being 0.8668 Acre Tract Out of and Part of Block 11, Caldwood Addition located at 5535 Calder Avenue. This repeal of the resolution accepting the Sanitary Sewer Easement is recommended for approval by the City Manager, Public Works Director, and Water Utilities Director. BUDGETARYIMPACT None. RESOLUTION NO. WHEREAS, on January 18, 2011,the City Council approved Resolution No. 11-027 wherein Colburn McClelland offered to convey a ten foot (10') wide sanitary sewer easement for property located at 5535 Calder Avenue, said easement being 0.8668 acre tract out of and part of Block 11, Caldwood Addition; and, WHEREAS, the City of Beaumont Water Utilities Department has since relocated the sewer line(s) into an existing sanitary sewer easement thereby making the acceptance of the offer of Colburn McClelland to convey the ten foot (10') wide sanitary sewer easement unnecessary; and, WHEREAS, the City desires to repeal Resolution No. 11-027; 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. 11-027 wherein the City Council accepted the offer of Colburn McClelland to convey a ten foot (10') wide sanitary sewer easement for property located at 5535 Calder Avenue , said easement being 0.8668 acre tract out of and part of Block 11, Caldwood Addition is hereby repealed. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of May, 2011. - Mayor Becky Ames -