HomeMy WebLinkAboutPACKET JAN 17 2012 ago* viva 0"OWWWWITT
8-EAVW*
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JANUARY 17,2012 1:30 P.M.
CONSENT AGENDA
* Approval of minutes—January 10,2012
* Confirmation of committee appointments
Lauren Williams Mason would fill the unexpired term of Angela Baker on the Community
Development Advisory Committee. The term would commence January 17,2012 and expire
February 1,2012. (Councilmember Alan B. Coleman)
Carolyn Howard would be reappointed to the Convention and Tourism Advisory Board. The
current term would expire January 7,2014. (Councilmember Alan B. Coleman)
A) Authorize the City Manager to amend a contract with the Southeast Texas Regional
Planning Commission for the administration of Hurricane Ike disaster recovery funds
B) Authorize the City Manager to execute an amended Industrial District Contract with
Oiltanking Beaumont Partners,LP
C) Authorize the City Manager to receive additional funding through the Department of
Homeland Security Supplemental 2008 Port Security Grant Program,to modify an inter-
governmental agreement with Jefferson County to facilitate expenditure of the additional
grant funding through the Port Security Grant Program fiduciary process,and to authorize
the City Manager to enter into a contract with the Texas Forest Service to provide an
Incident Management training course
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT Lauren Williams Mason is appointed to the Community Development Advisory
Committee to fill the unexpired term of Angela Baker. The term will commence January
17, 2012 and expire February 1, 2012.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of January,
2012.
- Mayor Becky Ames -
I
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the following reappointment be made:
Roappointment Commission inning Expiration
of Term of Term
Carolyn Howard Convention and Tourism Advisory Board 01/17/12 01/07/14
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of January,
2012.
- Mayor Becky Ames -
A
RICH WITH OPPORTUNITY
BEAUW*
T R • a • A • s City Coune i Agenda Item
TO: City Council
FROM: Kyle Hayes,City Manager
Gs13
PREPARED BY: Chris Boone,Community Development Director
MEETING DATE: January 17,2012
REQUESTED ACTION: Council consider authorizing the City Manager to
amend its contract with the Southeast Texas
Regional Planning Commission for the
administration of Hurricane Ike disaster recovery
fiords.
RECOMMENDATION
Administration recommends approval.
BACKGROUND
The Texas Department of Housing and Community Affairs awarded$17,100,000 in
CDBG Disaster Program funds to the Southeast Texas Regional Planning Commission
(SETRPC)to assist with Hurricane Ike disaster recovery in Beaumont. 'During this
program,the City has acted as a subcontractor of SETRPC to administer the applicant
intake and certification process for the program. In addition,the program has provided
funds for the demolition of vacant houses.
The purpose of this amendment is to reduce the demolition activity line item from
$2,500,000 to$108,085 to better reflect the scope of work being done. During the
budgeting phase of the program the definition of which structures were eligible for
demolition was much broader. During the program phase,additional restrictions were
imposed at different tines and the scope of demolition work was drastically reduced.
The dffkTence in funding will be reallocated to assist single-family home owners in
repairing or reconstructing their storm-damaged homes.
BUDGETARYIMPACT
None. Funds are available through this grant,with no required local match.
RECEIVED
DEC L 3 : 1
WY CW WAUMW
r
December 22,2011
Mr. Chris Boone
City of Beaumont
P.O. Box 3827
PRESIDENT Beaumont,TX 77704-3827
EVERETTE'BO'ALFRED
County Commissioner
Jeftrscn County SUBJECT: Contract Amendment No. 2 for Administration of CDBG Hurricane
1st VK:E-PRESIDENT Ike Disaster Recovery Program Services
KEN PELT
County Commissioner
Hardin County Dear Chris:
2nd VICE-PRESIDENT
DAVro DUSosE
County Commissioner Enclosed are two copies of contract Amendment No. 2 for administration of
Orange Cow CDBG Hurricane Ike Disaster Recovery Program services between the South East
3G.LdVICE-PRESIDENT Texas Regional Planning Commission and the City of Beaumont.
Mayor
City of Port Neches The amendment decreases the amount allowed for demolition related project
TREASURE;:
FRED WIUwMS activities from$2,500,000 to $108,085 based on an assessment of activities
Mayor estimated to be completed by the current contract end date of March 10, 2012.
City of KouMze
This assessment was provided in an email message to Mike Foster dated
SECRETARY
KIRK ROCCAFORTE November 2,2011 and followed-up in verbal discussions after this time. The
Marx Bridge�city revised amount will allow for the completion of 38 projects(15 projects - $42,650;
LEGAL COUNSEL City 20 projects- $56,900; 3 projects- $8,535).
RONNIE TURNER
Provost Umphrey,LLP The difference of the original contract amount and the revised amount will be moved
to single family owner occupied activities being carried out in the region.
I ask that you please sign both documents and return both to me for signature by
the SETRPC. I will then return one copy to you for your files.
Should you have questions regarding any of the documents enclosed,please feel
free to give me a call at(409)899-8444, ext. 7516 or email me at
sburkena,setrpc.org.
EXECUTIVE DIRECTOR Sincerely,
SHAUN P.DAVIS
SesEastex Freeway
Bes .
unwnt,Texas 77703-4929
Telephone(409)8994444
FAX(409)347-0138 Sharma Burke
setrprasetryc.org
W://*—.semx.org Disaster Recovery Division Director
Enclosures
AMENDMENT NO.2
TO
CONTRACT BETWEEN
SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION
(Sub-Recipient of the TDHCA CDBG Hurricane Ike Disaster Program)AND
THE CITY OF BEAUMONT, SUB-CONTRACTOR
The South East Texas Regional Planning Commission(SETRPC)and The City of Beaumont, do hereby
contract and agree to amend the original contract by and between the parties,effective September 11,
2009, for the purposes of administration of CDBG Hurricane Ike Disaster Program(hereinafter called
"Ike Program").
The parties hereto agree to amend the contract identified above so that Exhibit A, Hurricane Ike CDBG
Program City of Beaumont Budget,of the original contract is replaced in its entirety with the new Exhibit
A,to this Amendment No. 2,hereinafter referred to as Exhibit A-2,and hereby made a part of this
Amendment No. 2.
This Amendment No. 2 shall be effective January 1, 2012.
Except as amended and modified by this Amendment No. 2, all terms and conditions of the original
Contract and Amendment No. 1 shall remain in full force and effect.
Any further revisions to the Contract shall be by written agreement to the parities.
AGREED TO AND EXECUTED BY:
South East Texas Regional Planning Commission The City of Beaumont
By: By:
Name: Name:
Title: Title:
Date: Date:
Exhibit A-2
Hurricane Ike CDBG Program
City of Beaumont Budget
NOTE: The South East Texas Regional Planning Commission will have the following programs within
the City of Beaumont: Demolition, Owner-Occupied Rehabilitation, Owner-Occupied Reconstruction
and Elevation. Of these programs, the City of Beaumont will only be responsible for the costs associated
with Demolition Activities and the Income Eligibility portion of the Owner-Occupied programs.
Demolition $ 108.085.00
Total Project Costs $ 108,085.00
Demolition Administration Costs $ 125,000.00
Housing Administration Costs $ 316,000.00
(Owner-OcouRied Income Eligibility
Total Administration Costs $ 441,000.00
RESOLUTION NO.
WHEREAS, on October 13, 2009, City Council approved Resolution No. 09-315
authorizing the City Manager to execute a contract with Southeast Texas Regional
Planning Commission for administration of Hurricane Ike recovery funds in the amount of
$2,941,000 provided by the Texas Department of Housing and Community Affairs CDBG
Disaster Program; and,
WHEREAS, on November 15, 2011, City Council approved Resolution No. 11-321
authorizing an amendment to the contract with Southeast Texas Regional Planning
Commission to extend the contract deadline to March 10, 2012 for the purpose of allowing
sufficient time for the processing of applications and conclusion of the program; and,
WHEREAS, Amendment No. 2 to the contract with Southeast Texas Regional
Planning Commission is required to reduce the demolition activity line item from
$2,500,000 to $108,085;
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and
THAT the City Manager be and he is hereby authorized to execute Amendment No.
2 to the contract with Southeast Texas Regional Planning Commission to reduce the
demolition activity line item from $2,500,000 to $108,085.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of
January, 2012.
- Mayor Becky Ames-
B
RICH WITH OPPORTUNITY
BEAUMON*
T - E - X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager J
PREPARED BY: Laura Clark, Chief Financial Officer/1/
MEETING DATE: January 17, 2012
REQUESTED ACTION: Council consider authorizing the City Manager to execute
an amended Industrial District Contract with Oiltanking
Beaumont Partners, LP.
RECOMMENDATION
The Administration recommends approval of a resolution authorizing the City Manager to
execute an amended Industrial District Contract with Oiltanking Beaumont Partners, LP.
BACKGROUND
On April 19, 2011, Council approved the disannexation of a 436.81 acre tract of land located at
6275 Highway 347 in the City's extraterritorial jurisdiction and the related industrial district
agreement that was effective for tax years 2012 through 2015. In accordance with the
agreement,the in-lieu of tax payment would be based on a combination of the values of the
existing property on the tax roll at the date of disannexation and the values of any improvements
made subsequent to the date of disannexation. The tax payment related to the property on the tax
roll at the time of disannexation would be paid at 100%of property taxes due to the City, as if
the industry were located within the city limits, for the duration of the contract. Any new
improvements made after the disannexation would be paid at 75%of property taxes due to the
City in 2012 through 2015. The 2012 payment would be calculated based on 100% of the
assessed value of the existing property added to the 75%of the assessed value of any new
improvements multiplied by the tax rate effective on October 1, 2011. Payments for 2012 will
be due to the City on February 1, 2012.
Although Council approved the disannexation on April 19, 2011,the disannexation is effective
January 1, 2012 for property tax purposes. Therefore, there is no in-lieu of tax payment due in
2012; instead,the tract of land is still treated as though it is within the city limits of Beaumont.
Therefore, the contract needs to be amended to reflect that it is effective for years 2013, 2014,
and 2015. The first payment under the amended contract is due on February 1, 2013, and will be
based upon the calculation described above,but using the tax rate effective on October 1, 2012.
Oiltanking Beaumont Partners, LP
Amended Industrial District Agreement
January 10, 2012
Page 2
A copy of the agreement is attached for your review.
BUDGETARYIMPACT
There is no budgetary impact because the agreement already called for payments to be based on
100%of the assessed value of the existing property for 2012 through 2015.
RESOLUTION NO.
WHEREAS, on April 19, 2011, City Council approved Resolution No. 11-135
authorizing the City Manager to execute an Industrial District Contract with Oiltanking
Beaumont Partners, L.P.; and,
WHEREAS, due to the approval of the disannexation in April 2011, the effective
date for tax purposes is January 1, 2012 thereby making the first in-lieu of tax payment not
due until year 2013; and,
WHEREAS, an amendment to the contract is necessary to reflect the in-lieu of tax
payment due dates;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the City Manager be and he is hereby authorized to execute an amended
Industrial District Contract with Oiltanking Beaumont Partners, L.P. The contract is
substantially in the form attached hereto as Exhibit "A' and made a part hereof for all
purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of
January, 2012.
- Mayor Becky Ames -
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
I
AGREEMENT
This Agreement is made under the authority of Section 42.044 of the Texas Local
Government Code.
The parties to the Agreement are The City of Beaumont, a municipal corporation and a
home-rule city located in Jefferson County, Texas, hereinafter called "CITY," and Oiltanking
Beaumont Partners, LP, subsidiaries and affiliates, hereinafter called "COMPANY."
PREAMBLE
WHEREAS, Company owns land and improvements which are a part of the terminaling
facilities of said Company. The City has established an industrial district comprising a certain
part of the extra-territorial jurisdiction of the City, such industrial district being known as the
City of Beaumont Industrial District.
WHEREAS, the Company recognizes the benefits of this Agreement and an obligation to
contribute to the revenue needs of said City in an amount commensurate with the burdens placed
upon the City and benefits derived by the Company by reason of being located immediately
adjacent to said City.
WHEREAS, the Company and the City desire to base the industrial district payment on
assessed value to ensure equity among the companies.
In view of the above and foregoing reasons, and in consideration of the mutual
agreements herein contained, Company and City hereby agree as follows:
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EXHIBIT "A"
ARTICLE I
COMPANY'S OBLIGATION
Annual Payment on Company's Property
I. Commencing with the calendar year 2013 and each calendar year thereafter for the
duration of this Contract, the Company will pay the City a certain sum which will be computed
on the assessed value of the Company's facilities and property, real, personal, and mixed located
on Company's land covered by this contract. (Herein "the properties")
2. By the term "Assessed Value" is meant the 100% valuation of the Company's
properties, as determined by the Jefferson County Appraisal District for the previous tax year.
3. The term "assumed City taxes due" shall be calculated by the following formula:
Assumed City Taxes Due:
Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due
4. Payment Procedures
The procedures for determining and making such payments shall be as follows:
(a) The payment for 2013 shall be due and payable on or before February 1, 2013,
and calculated as follows:
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Assumed City Taxes Due:
(1) Assessed Value of existing property, on the books at the time of disannexation,/ 100 X
Current City Tax Rate = Assumed City Tax Due
Year 1 100%of Assumed City Taxes Due = 2013 Payment on existing property
(2) Assessed Value of new improvements made after the effective date of the disannexation/ 100
X Current City Tax Rate =Assumed City Tax due
Year 175%of Assumed City Taxes Due=2013 Payment on new improvements
Total 2013 Payment=(1)+(2)
Each October thereafter, the Chief Financial Officer shall obtain the most recent assessed values
as set by the Jefferson County Appraisal District for the Company's properties, real, personal and
mixed, having taxable situs within the areas described in this Agreement; for example, in
October, 2012, the 2012 assessed values shall be used for the February 1, 2013 payment. This
assessed value shall be used in the calculation of the payment.
If the assessed values for the period required are in question and/or under litigation
with the Jefferson County Appraisal District, payment shall be computed on the most recent
certified values from the Jefferson County Appraisal District. The Company shall notify the City
following resolution of the appraised value question and an adjustment for the payment, without
interest, will be made within thirty(30)days following such resolution.
3
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(b) After the assessed value of the Company's properties has been determined, the
payments due hereunder shall be calculated in accordance with the following schedule:
The 2013 - 2015 payments shall be 100% of assumed City taxes due on existing
property and 75%on any new improvements.
If payment is not made on or before any due date, the same penalties, interest,
attorneys' fees and costs of collection shall be recoverable by the City as would be collectible in
the case of delinquent ad valorem taxes. Further, if payment is not timely made, all payments
which otherwise would have been paid to the City had Company been in the City limits of City
will be recaptured and paid to the City within 60 days of any such event.
ARTICLE II
PROPERTY COVERED BY AGREEMENT
This instrument will reflect the intention of the parties hereto that this instrument shall
govern and affect the properties of Company (facilities, real, personal, and mixed) located on
Company's real property as shown on the records of the Jefferson County Appraisal District
which are within the extra-territorial jurisdiction of the City of Beaumont. See Exhibit A for the
legal description of property covered by this agreement. This agreement shall also govern and
affect any improvements or additions to the existing property.
ARTICLE III
SALE BY COMPANY
Company shall notify City of any sale of any or all of Company's facilities to any person
or entity. It is the intent of the parties that no sale of any of Company's facilities will affect the
amount to be paid to the City as provided under this Agreement. Accordingly and as to
4
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payments due under this contract, no such sale shall reduce the amount due the City under this
contract until the purchaser of such facility has entered into a contract in lieu of taxes with the
City that provides for a continuation of like payments to the City.
ARTICLE IV
CITY'S OBLIGATIONS
1. City agrees that it will not annex, attempt to annex or in any way cause or permit to
be annexed any portion of lands or facilities or properties of said Company covered by this
Agreement for the period of the agreement except as follows:
(a) If the City determines that annexation of all or any part of the properties covered
by this Agreement belonging to said Company is reasonably necessary to promote and protect
the general health, safety and welfare of persons residing within or adjacent to the City, the City
will notify Company in accordance with State law of the proposed annexation. In the event of
such annexation, Company will not be required to make further payment under this Agreement
for any calendar year commencing after such annexation with respect to the property so annexed,
but shall nevertheless be obligated to make full payment for the year during which such
annexation becomes effective if the annexation becomes effective after January 1 st of said year.
(b) In the event any municipality other than the City attempts to annex separately or
in the event the creation of any new municipality shall be attempted so as to include within its
limits any land which is the subject matter of this Agreement, City shall, with the approval of
Company, seek immediate legal relief against any such attempted annexation or incorporation
5
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and shall take such other legal steps as may be necessary or advisable under the circumstances
with all cost of such action being borne equally by the City and by the said Company or
companies with the Company's portion allocated on the basis of assessed values.
2. The City further agrees that during the term of this agreement, there shall not be
extended or enforced as to any land and property of Company within said City of Beaumont
Industrial District, any rules, regulations, or any other actions: (a) seeking in any way to control
the platting and subdivisions of land, (b) prescribing any buildings, electrical, plumbing or
inspection standards or equipment, or (c) attempting to regulate or control in any way the
conduct of Company's activities, facilities or personnel thereof.
3. It is understood and agreed that during the term of this agreement or any renewals
thereof, the City shall not be required to furnish any municipal services to Company's property
located within the City of Beaumont Industrial District; provided, however, City agrees to
furnish fire protection to Company should such protection be requested by Company in the event
an unusual emergency situation occurs. The City will also provide police protection if called
upon by the Jefferson County Sheriff's Department for assistance.
ARTICLE IV
TERMINATION OF BREACH
It is agreed by the parties to this Agreement that only full, complete and faithful
performance of the terms hereof shall satisfy the rights and obligations assumed by the parties
and that, therefore, in addition to any action at law for damages which either party may have,
Company shall be entitled to enjoin the enactment or enforcement of any ordinance or charter
amendment in violation of, or in conflict with, the terms of this Agreement and shall be entitled
6
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to obtain such other equitable relief, including specific performance of the Agreement, as is
necessary to enforce its rights. It is further agreed that should this Agreement be breached by
Company, the City shall be entitled, in addition to any action at law for damages, to obtain
specific performance of this Agreement and such other equitable relief necessary to enforce its
rights.
ARTICLE V
TERM OF AGREEMENT
The term of this Agreement shall be for three (3) years, commencing January 1, 2013,
and ending on December 31, 2015.
ARTICLE VI
NOTICES
Any notice provided for in this Contract, or which may otherwise be required by law
shall be given in writing to the parties hereto by Certified Mail addressed as follows:
TO CITY TO COMPANY
Kyle Hayes, City Manager Kim M. Ivy,Vice President and Terminal
Manager
City of Beaumont Oiltanking Beaumont Partners, LP
801 Main 6275 Hwy 347
Beaumont, Texas 77704 Beaumont, TX 77705
7
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t ,
ARTICLE VII
CONTINUATION
If this Agreement shall be held invalid by any court of competent jurisdiction, such
holding shall not affect the right of City to any payment made or accruing to City hereunder prior
to such adjudication, and this provision is intended to be an independent and separable provision
not to be affected by such adjudication.
8
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IN WITNESS TERMEOF,this Agreement, consisting of 8 pages, is executed in duplicate
counterparts as of this day of , 2012.
CITY OF BEAUMONT,TEXAS
By:
Kyle Hayes
City Manager
ATTEST:
Tina Broussard
City Clerk
COMPANY
By:
ATTEST:
9
crv� - Ba.��.Lrzo��mis.aoe
c
RICH WITH OPPORTUNITY
BEA,U:MON*T • E • X • A • s City Council Agen Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: January 17, 2012
REQUESTED ACTION: Council consider authorizing the City Manager to receive
additional funding in the amount of$4,500 through the
Department of Homeland Security Supplemental 2008 Port
Security Grant Program, to modify an inter-governmental
agreement with Jefferson County to facilitate expenditure
of the additional grant funding through the Port Security
Grant Program(PSGP)fiduciary process, and to authorize
the City Manager to enter into a contract with the Texas
Forest Service to provide an Incident Management training
course.
RECOMMENDATION
Administration recommends approval.
BACKGROUND
The Homeland Security Grant Program consists of a number of grant programs, one of which is
the Port Security Grant Program(PSGP). This grant can be utilized to enhance the security of the
Port of Beaumont and the agencies that support it since it has been designated as critical to the
national infrastructure. An amount of$980,000 was received in the initial allocation of the 2008
Port Security Grant and approved by Council on October 19, 2010. Additional federal funding of
$4,500 recently became available to fund an Incident Management training course.
The 2008 Supplemental funding was provided to this region as a lump sum to be distributed to
the eligible agencies through one finance entity. Jefferson County assumed this fiduciary role at
the request of the U.S. Coast Guard. The intergovernmental agreement formally describes each
party's responsibilities and was also approved by Council on October 19, 2010. The agreement
must now be modified to include the additional project of$6,000 and related federal funding of
75%or$4,500.
2008 Supplemental Port Security Funding
January 17, 2012
Page 2
The City of Beaumont and the Texas Forest Service propose entering into an Interlocal
Cooperation Contract relating to the Texas Forest Service conducting one All Hazard Planning
Section Chief course in February 2012. The Texas Forest Service, an authorized provider by the
State of Texas and FEMA, provides National Incident Management System(NIMS) qualified
instructors using NIMS approved materials and certifies the completion of the course work.
BUDGETARYIMPACT
There is an additional project cost of$6,000 which will be offset by grant funding of 75% or
$4,500, of the total with a required match of 25%or$1,500. The Jefferson County LEPC will
reimburse the City the $1,500 match.
RESOLUTION NO.
WHEREAS, on October 19, 2010, City Council approved Resolution No. 10-273
authorizing the City Manager to apply for and receive grant funding in an amount up to
$980,000 through the Department of Homeland Security Supplemental 2008 Port Security
Grant Program (PSGP)for the purchase of a quint fire response apparatus; and,
WHEREAS, Resolution No. 10-273 also authorized the City Manager to enter into
an agreement with Jefferson County to facilitate expenditure of the grant funding through
the PSGP fiduciary process; and,
WHEREAS, additional federal funding in the amount of$4,500 is available to fund
an Incident Management training course; and,
WHEREAS, the Texas Forest Service,an authorized provider by the State of Texas
and FEMA, provides National Incident Management System (NIMS) qualified instructors
using NIMS approved materials and certifies the completion of the course work;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT;
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the City Manager be and he is hereby authorized to receive additional grant
funding in the amount of $4,500 through the Department of Homeland Security
Supplemental 2008 Port Security Grant Program(PSGP)to fund an Incident Management
training course; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to enter into a modified inter-governmental agreement with Jefferson County
to facilitate expenditure of the additional grant funding through the PSGP fiduciary process.
The agreement is substantially in the form attached hereto as Exhibit"A"and made a part
hereof for all purposes; and,
BE IT FURTHER RESOLVED THAT the 'City Manager be and he is hereby
authorized to enter into an Interlocal Cooperative Contract in the amount of$6,000 with the
Texas Forest Service to provide an Incident Training course. The contract is substantially
in the form attached hereto as Exhibit"B" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of
January, 2012.
- Mayor Becky Ames -
INTER-GOVERNMENTAL AGREEMENT
BETWEEN
JEFFERSON COUNTY
AND
CITY OF BEAUMONT, TEXAS
STATE OF TEXAS
COUNTY OF JEFFERSON
This Agreement between Jefferson County Texas, hereinafter referred to as "County"and the
City of Beaumont, Texas hereinafter referred to as "City" is as follows:
WHEREAS, the County acts as the Fiduciary Agent for the 2008 Supplemental Port Security
Grant Program hereinafter referred to as "2008 PSGP" administered by the Department of
Homeland Security and
WHEREAS, the City has submitted and received approval from the Area Maritime Security
Committee, Captain of the Port, and the Department of Homeland Security for the following
project:
• Quint Response Apparatus $ 980,000
• Training $ 6,000
Total $ 986,000
WHEREAS, Seventy five percent(75%) of the project(s) cost up to a maximum of$739,500 is
approved under the 2008 Port Security Grant Program.
THEREFORE,FOR AND IN CONSIDERATION of the mutual benefits flowing to the City
as well as the County as a result of the project
1. The County acting as Fiduciary Agent will draw down these funds from the 2008 Port
Security Grant Program and issue payment to the City
2. The City has budgeted and made available the twenty five percent(25%) cash match
as required by the 2008 PSGP.
3. The City will ensure that project activities are in accordance with the 2008 PSGP.
4. The County shall fully and satisfactorily perform all of the conditions and obligations
as Fiduciary Agent under the terms of the 2008 PSGP.
5. The City will fully and satisfactorily perform all of its obligations under the
EXHIBIT "A"
I
terms of this agreement.
6. This is a good faith effort between the County and the City to accommodate and
assist the citizens of Jefferson County by providing the Sabine Neches Waterway
with security improvements and each of the entities hereto pledge their best efforts to
fulfill the obligation set forth herein this agreement.
COUNTY OF JEFFERSON:
WITNESS OUR HANDS effective this day of 52012.
Jeff Branick, County Judge
ATTEST:
Carolyn Guidry, County Clerk, Jefferson County
WITNESS OUR HANDS effective this day of , 2012.
CITY OF BEAUMONT, TEXAS:
Kyle Hayes, City Manager
ATTEST:
City Clerk
• Contract No.CO-
INTERLOCAL CObORATION CONTRACT
THE STATE OF TEXAS
COUNTY OF BRAZOS
THIS CONTRACT AND E1 EMENT is entered into by and between the governmental
agencies shown below as orating parties,pursuant to the authority granted and in compliance
with the provisions of"The-Interlocal Cooperation Act,"Texas Government Code, Chapter 791.
I. CONTRACTING PARTIES:
Texas Forest Service
City of Beaumont
H. STATEMENT OF SERVICES TO BE PERFORMED:
The City of Beaumont and the Texas Forest Service desire to enter into this Interlocal
Cooperation Contract, relating to conducting one L-962 All Hazard Planning Section Chief
course. The City of Beaumont desires to have the L-962 All Hazard Planning Section Chief
Course, a four day course, delivered by the Texas Forest Service during the period of February
13-16, 2012.
The City of Beaumont will provide a training facility, at which the courses will be conducted.
The training facility will be in the greater City of Beaumont area. The facility will be climate
controlled, have tables and chairs to accommodate at least 24 people and have adequate parking.
City of Beaumont will supply to the Texas Forest Service a class roster for the class conducted
one week prior to the class and will furnish logistical support needs to students enrolled in the
courses.
The Texas Forest Service provides National Incident Management System (NIMS) qualified
instructors using NIMS approved course materials. Texas Forest Service instructors will provide
direct instruction to students enrolled in the course hosted by the City of Beaumont. The Texas
Forest Service will provide classroom equipment required to properly delivering the course
instruction, course materials and student manuals for up to 24 students for the course. The Texas
Forest Service will monitor and track student participation and submit the required
documentation to the National Emergency Training Center (NETC) to generate course
completion certifications for students who successfully complete the course work.
M. BASES FOR CALCULATING REIMBURSABLE COSTS:
In turn for providing instructional services to the City of Beaumont for conducting the 0-305 All
Hazard Incident Management Team Course, the Texas Forest Service will receive from the City
of Beaumont, six thousand dollars ($6,000.00).
Page 1 of 3
EXHIBIT "B"
• Contract No.CO-
IV.CONTRACT AMOUNT:
The total amount of this Contract shall-not exceed:
$6,000 (six thousand dollars)
V. PAYMENT FOR SERVICES:
The City of Beaumont shall pay for instructional services received from the Texas Forest Service
within 30 days of receiving invoice.
Payments for services performed shall be billed:
LutnD Sum
(weekly, monthly, lump sum, etc)
VI. TERM OF CONTRACT:
This Contract is to begin: February 1,2012 and shall terminate: May 1, 2012
VII. CONTRACT EXTENSIONS:
No extensions.
VIII. CONTRACT TERMATIONS:
Either party may terminate this agreement any time upon seven (7) days written notice to the
other party to the termination of service. In the event of early termination, the City of Beaumont
Emergency Management shall only be liable for payment of services performed to termination.
IX. CONTRACT AMENDMENTS:
This Agreement may be amended by written application from one party to the other and written
concurrence by the responding party.
X. CONTRACT CONTACTS:
Texas Forest Service City of Beaumont Emergency Management
Attn: Bob Koenig Attn: Tim Ocnaschek
Page 2 of 3
Contract No.CO-
John B. Connally Building Emergency Management
301 Tarrow Street, Suite 304 700 Orleans, 2nd floor
College Station, Texas 77840-7896 Beaumont, Texas 77701
Phone: 979-450-8659 Phone: 409-980-7275
Fax: 979-458-7347 Fax: 409-980-7240
XI.AUTHORIZATION:
The Texas Forest Service and the City of Beaumont represent that each is independently
authorized to perform the functions contemplated by this Agreement;
THE UNDERSIGNED CONTRACTING PARTIES do hereby certify that: (1) the services
specified above are necessary and authorized for activities that are properly within the statutory
functions and programs of the affected agencies of Government, and (2) the services, materials,
or equipment contracted for are not required by Section 21 of Article XVI of the Constitution of
Texas to be supplied under contract given to the lowest responsible bidder.
The Texas Forest Service fiuher certifies that it has the authority to enter into this contract by
authority granted in: Texas Government Code Title 7 Chapter 791 Subchapter B Section
791.011.
The City of Beaumont further certifies that it has authority to enter into this contract by authority
granted in: Texas Government Code Title 7 Chapter 791 Subchapter B Section 791 011
The undersigned parties bind themselves to the faithful performance of this contract.
Texas Forest Service City of Beaumont
By: By:
Robby DeWitt Kyle Hayes
Title: Associate Director for Finance Title: City Manager
and Administration
Date: Date:
Page 3 of 3
W ORKSSION
Review and discuss plans for the
proposed construction of a Police
substation and restroom facility adjacent
to the newly constructed Amtrak station
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JANUARY 17,2012 1:30 P.M.
AGENDA
CALL TO ORDER
* invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-2/Consent
Agenda
* Consent Agenda
GENERAL BUSIlVESS
1. Consider approving the purchase of fleet vehicles for use in various city
departments
2. Consider authorizing the City Manager to apply for and receive funding through
the U.S. Department of Homeland Security,2012 Emergency Management
Performance Grant(EMPG)program
WORK SESSION
* Review and discuss plans for the proposed construction of a Police substation and
restroom facility adjacent to the newly constructed Amtrak station
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment(Persons are limited to 3 minutes)
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
January 17,2012
Consider approving the purchase of fleet vehicles for use in various city departments
RICH WITH OPPORTUNITY
nr
DE
T • $ • g • ® • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes,City Manager
PREPARED BY: Laura Clark,Chief Financial Officer
MEETING DATE: January 17,2012
REQUESTED ACTION: Council consider approving the purchase of fleet vehicles
for use in various city departments.
RECOMMENDATION
The administration recommends approval of the purchase from Philpott Motors of Nederland in
the amount of$696,363.18.
BACKGROUND
Pricing for the equipment was obtained through the Houston-Galveston Area Council(H-GAC)
and BuyBoard. H-GAC and BuyBoard are cooperative purchasing associations providing cities
and political subdivisions with the means to purchase specialized equipment at volume pricing.
Both associations comply with the State of Texas procurement statutes. The total purchase price
of$696,363.18 includes the H-GAC and BuyBoard administrative fees totaling$1,000. Quoted
prices for twenty-two(22)vehicles budgeted for 2012 are attached.
Replacement vehicles and additions to the fleet are requested through the City's budget process.
The Fleet Superintendent reviews the requests and evaluates the vehicles to be replaced. Based
on this evaluation,a recommendation is made to replace worn and obsolete vehicles that are no
longer cost effective to operate. All twenty-two(22)vehicles to be purchased are replacing
models ranging from 1996 to 2008. The newer vehicles may be reassigned by Fleet where
appropriate. The age and mileage of the older vehicles render them unfit for continued service.
These vehicles will be disposed of according to the City's surplus property disposal policies.
Warranties of 36,000 miles or three(3)years are provided for each new vehicle. The warranty
service is provided by local authorized dealerships.
BUDGETARY IMPACT
Funds are budgeted in the Capital Reserve Fund,Water Utilities Fund and Solid Waste Fund.
ftrehm of Fleet vein
January 17,2012
Page 2
Its Bar Won Qty, Teed Price
1 Police CID Fusion 4-Door 2 $39131.76
2 P Fusion 4-Dwr 1 $1',265.88
3 Waterer Svc. Fission 4-Door 3 $57,797.64
4 F-150 S 1 $18,879.21
5 Streets& F-ISO 1 $19164.21
6 Parks F-150 Crew Cab 4X4 1 S34,340.68
7 Fie F-150 Fact. Cab XLT 1 $22,209.21
8 Paaice Admwim ma* n F-250 Cab 1 S27,982.93
9 Sewer Mail anc 1 F-250 RqWw Cab 1 $33,612.93
10 Water Rx I I I I I F-2"ftffLmb 2 $64,091.36
11 EMS F-350 Ambulance Prep Pkg. 1 $31,599.38
12 Sewar.l►fia ns ce F-350 Rcgulw Cab 1 $517144.38
13 Watts Customer Svc. F-350 Cab 1 $39,273.50
14 Iranog2goRn F-450 Crew Cab 1 $49,681.03
15 Streets eft Dmj9W JF-450 Crew Cab 2 599,762.06
16 Water Distribute F-550 Crew Cab 2 $88,427.02
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 approve the purchase of
twenty-two(22)fleet vehicles for use by various City departments from Philpott Motors, of
Nederland, Texas, in the amount of $696,363.18 through the Houston-Galveston Area
Council (H-GAC) Cooperative Purchasing Program and BuyBoard.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of
January, 2012.
- Mayor Becky Ames -
2
January 17,2012
Consider authorizing the City Manager to apply for and receive funding through the U.S.
Department of Homeland Security, 2012 Emergency Management Performance Grant(EMPG)
program
RICH WITH OPPORTUNITY
BEA N*
T - E X - A - s City Council Agenda. Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officers
MEETING DATE: January 17, 2012
REQUESTED ACTION: Council consider authorizing the City Manager to apply for
and receive funding in an amount not to exceed
$158,497.46,through the U.S. Department of Homeland
Security, 2012 Emergency Management Performance Grant
(EMPG)program.
RECOMMENDATION
Administration recommends approval.
BACKGROUND
The Department of Homeland Security EMPG funding is provided to assist states and local
governments in enhancing and sustaining all-hazards emergency management capabilities. It
directly supports developing and carrying out emergency management programs. This includes
mitigating costs of compliance with National Incident Management System, Incident Command
System,planning, and training mandates, as well as reducing the personnel costs to manage the
program. The federal funding guidelines are envisioned to offset up to half the anticipated
operating expenses which are currently funded through the city's budget. The City was awarded
$50,406 from this funding source in fiscal year 2011.
BUDGETARYIMPACT
The FY 2012 Budget anticipates spending $316,994.92, for the Emergency Management
program. This grant would offset up to fifty(50)percent of the anticipated costs or$158,497.46.
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 receive funding
for the City of Beaumont through the U.S. Department of Homeland Security, 2012
Emergency Management Performance Grant (EMPG) in the amount of $158,497.46 to
assist in developing and carrying out various emergency management programs.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of
January, 2012.
- Mayor Becky Ames -