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PACKET MAY 17 2016BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MAY 17, 2016 1:30 P.M. CONSENT AGENDA * Approval of minutes — May 10, 2016 * Confirmation of committee appointments A) Authorize the City Manager to execute all documents necessary to accept funding from the Texas Health and Human Services Commission for the Beaumont Public Health Department B) Approve a resolution rejecting bids for the 2016 Paving Improvements Project - Phase I Asphalt Paving Rehabilitation, Bid No. PWOI 16-06 and the 2016 Paving Improvements Project — Phase II Concrete Paving Improvements, Bid No. PW0116-07 C) Authorize the settlement of the subrogation claim of Enterprise Leasing D) Approve a resolution stating the remedy, curing the burden, on the Faith and Fellowship Bible Study group at the Beaumont Police Department 11 1 TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Sherry Ulmer, Public Health Director MEETING DATE: May 17, 2016 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute all documents necessary to accept funding from the Texas Health and Human Services Commission in the amount of $140,000 awarded to the Beaumont Public Health Department. BACKGROUND The Texas Health and Human Services Commission has awarded the Beaumont Public Health Department the Chronic Disease Health Disparities grant in the amount of $140,000. In cooperation with the Office of Minority Health and Health Equity and the Center for Elimination of Disproportionality and Disparities, this funding will assist the Beaumont Public Health Department with planning and performing activities and services aimed at reducing the rate of obesity among African American and Hispanic adults. This contract is effective on the date of signature and will end on 07/31/2020. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. 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, specifically an Interlocal Cooperation Contract, necessary to accept funding from the Texas Health and Human Services Commission for the Chronic Disease Health Disparities Grant in the amount of $140,000, effective upon execution through July 31, 2020, to assist the Beaumont Public Health Department with planning and performing activities and services aimed at reducing the rate of obesity among African American and Hispanic adults. The Interlocal Cooperation 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 May, 2016. - Mayor Becky Ames - INTERLOCAL COOPERATION CONTRACT BY AND BETWEEN THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION AND THE CITY OF BEAUMONT CONTRACT No. THE HEALTH AND HUMAN SERVICES COMMISSION ("System Agency") and THE CITY OF BEAUMONT ("Local Government"), each a "Parry" and collectively the "Parties," enter into the following contract for services associated with the Department of Health and Human Services State Partnership Initiative to Address Chronic Disease Health Disparities' grant ("Contract") pursuant to the provisions of the "Interlocal Cooperation Act," Chapter 791 of the Texas Government Code and the terms and conditions of the State Partnership Initiative to Address Chronic Disease Health Disparities Notice of Award. I. PARTIES System Agency Name: Texas Health and Human Services Commission Address: 6330 Hwy 290 East, Suite 350 City and Zip: Austin, Texas 78752 Contact Person: Rosanna Barrett Telephone: 512-380-4318 Fax number: 512-380-4350 E -Mail Address: rosanna.barrett@ahhsc.state.tx.us Agency Number: 529 H. STATEMENT OF SERVICES TO BE PROVIDED Local Government Name: City of Beaumont Address: 801 Main City and Zip: Beaumont, TX 77701 Contact Person: Sherry Ulmer, RN, Director Telephone: 409-654-3603 Fax number: 409-832-4270 E -Mail Address: sulmer@beaumonttexas.gov Agency Number: The Parties agree to provide the services and resources described in "Attachment A — Statement of Work", which is attached hereto and incorporated herein by this reference. The Parties also agree that the Local Government shall perform the activities identified in Attachment A to enable the Local Government to achieve the Project objectives identified in Attachment "A-1 — Project Objectives", which is attached hereto and incorporated herein by this reference. Additionally, the Parties agree to perform all services in accordance with the terms and conditions, of the State Partnership Initiative to Address Chronic Disease Health Disparities grant contained in Attachment B, which is attached hereto and incorporated herein by this reference. Local Government shall complete the requirements and Project Objectives contained in Attachments A and A-1 no later than July 31, 2020. Page 1 of 4 EXHIBIT "A" III. CONTRACT PERIOD AND RENEWAL The Contract is effective on the signature date of the latter of the Parties to sign the Contract and terminates on July 31, 2020, unless sooner terminated by either Party with 30 days prior written notice to the other Party. The System Agency, at its own discretion, together with the approval of the Local Government may extend the term of this Contract to ensure compliance with the terms and conditions of the State Partnership Initiative to Address Chronic Disease Health Disparities grant contained in Attachment B. IV. AMENDMENT The Parties to this Contract may modify this contract only through the execution of a written amendment signed by both parties. V. CONTRACT AMOUNT AND PAYMENT FOR SERVICES The total amount of this Contract shall not exceed14$ 0,000 as described in "Attachment C — Budget", which is attached hereto and incorporated herein by this reference. This Contract is contingent upon the continued availability of funding. If funds become unavailable during the term of this Contract, the System Agency may terminate this Contract without penalty. This Contract shall be paid on a cost reimbursement basis in accordance with the following financial limitations: • Contract execution through July 31, 2016: the Local Government shall not invoice the System Agency more than $20,000; • August 1, 2016 through July 31, 2017: the Local Government shall not invoice the System Agency more than $30,000; • August 1, 2017 through July 31, 2018: the Local Government shall not invoice the System Agency more than $30,000; • August 1, 2018 through July 31, 2019: the Local Government shall not invoice the System Agency more than $30,000; and • August 1, 2019 through July 31, 2020: the Local Government shall not invoice the System Agency more than $30,000. Local Government shall submit invoices to the System Agency for the expenses incurred. Local Government must submit invoices by the 15th of the month following the month in which the expenses were incurred and services were provided. System Agency will pay for services received from appropriation items or accounts of System Agency from which like expenditures would normally be paid, based upon invoices submitted by Local Government for allowable expenses as contained in Attachment C. HHSC reserves the right, where allowed by legal authority, to redirect funds in the event of financial shortfalls. HHSC will monitor Contractor's expenditures on a quarterly basis. If expenditures are below that projected in Contractor's total contract amount, Contractor budget may be subject to a decrease for the remainder of the Contract term. Page 2 of 4 VI. LEGAL NOTICES For Legal Notices under this Contract shall be deemed delivered when deposited either in the United States mail, postage paid, certified, return receipt requested; or with a common carrier, overnight, signature required, to the appropriate address below: System Agency Texas Health and Human Services Commission 4900 Lamar Blvd. Austin, Texas 78751 Attention: HHSC Chief Counsel — Karen Ray Local Government City of Beaumont 801 Main Beaumont, Texas 77701 Attention: Sherry Ulmer Notice given in any other manner shall be deemed effective only if and when received by the Parry to be notified. Either Parry may change its address for receiving legal notice by notifying the other Party in writing. VII. ADDITIONAL GRANT INFORMATION Grant No.: 1 STTMP151120-01-00 Federal Award Date: 08/10/2015 Name of Federal Awarding Agency: Department of Health and Human Services CFDA Number: 93.296 Grants Management Officer: Alice M. Bettencourt Grants Management Specialist: Deborah Speight Federal Project Officer: Victor Olano VIII. CERTIFICATIONS The undersigned contracting parties certify that: (1) the services specified above are necessary and essential for activities that are properly within the statutory functions and programs of the affected agencies of state government; (2) Each Party executing this Contract on its behalf has full power and authority to enter into this Contract. (3) the proposed arrangements serve the interest of efficient and economical administration of state government; and (4) the services contracted for are not required by Section 21, Article XVI of the Constitution of Texas to be supplied under a contract awarded to the lowest responsible bidder. Page 3 of 4 The System Agency further certifies that it has statutory authority to contract for the services described in this contract under chapters 531 and 771, Texas Government Code. The Local Government further certifies that it has statutory authority to contract for the services described in this contract under Chapter 791 Texas Government Code. SYSTEM AGENCY Signature Rolando Garza Printed Name Deputy Executive Commissioner Title Date LOCAL GOVERNMENT Signature Kyle Hayes Printed Name City Manager Title Date TO ENSURE COMPLIANCE WITH THE REQUIREMENTS OF THE STATE PARTNERSHIP INITIATIVE TO ADDRESS CHRONIC DISEASE HEALTH DISPARITIES NOTICE OF AWARD, THE FOLLOWING ATTACHMENTS ARE ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE: ATTACHMENT A — STATEMENT OF WORK ATTACHMENT A-1— PROJECT OBJECTIVES ATTACHMENT B — SPECIAL CONDITIONS ATTACHMENT C — BUDGET AND JUSTIFICATION ATTACHMENT D — UNIFORM TERMS AND CONDITIONS ATTACHMENT E — NON-EXCLuswE LIST OF APPLICABLE FEDERAL LAWS ATTACHMENT F — ASSURANCES - NON -CONSTRUCTION PROGRAMS ATTACHMENT G — LIST OF CERTIFICATIONS Page 4 of 4 1* TEXAS krHealth and Human Services Commission Community-Based Implementation Plan State Partnership Initiative to Address Health Disparities Office or,1rnonlyItedthandIkilthEquity Grant Number: STTMP151120-01-00 Section I. ATTACHMENT A -- STATEMENT OF WORK The Office of Minority Health and Health Equity (OMHHE) within the Health and Human Services Commission (System Agency), Center for Elimination of Disproportionality and Disparities enter into this Contract with the City Health Department (Local Government) in the targeted area of the state of Texas identified as having high prevalence of obesity, diabetes, and hypertension to implement the State Partnership Initiative to Address Chronic Disease Health Disparities through use of evidence -based and promising practices (Project). This community- based Project is aimed at reducing the rate of obesity among African American and Hispanic adults (age 20+) within the county of interest by 5% to meet the Healthy People 2020 goal of 30.5%. The Local Government will implement the community-based component of the Project with guidance and support from OMHHE project staff. Parties Responsibilities: During the contracted period the Local Government shall: 1. Designate an existing staff member or team responsible for conducting and/or coordinating the Project. Assign one person to serve as main programmatic point of contact for HHSC; 2. Mobilize, support, and foster community -clinical linkages through community screenings for BMI, diabetes, and hypertension, via community engagement and collaboration with local partners. This includes: • Coordinating with community partners to conduct community wellness events that provide screening for BMI, diabetes, and hypertension and connect community members with public and private health providers; • Ensuring that preventive health screenings, disease intervention, and management are conducted by certified health providers in the local community. Local Government will not conduct the screenings directly unless the organization has the authority and capacity to conduct the screenings. • Ensuring and documenting that community members that receive screening services are referred to local health and healthcare services for follow-up if needed. Links to supporting social services is also encouraged; 3. Enhance and promote city health department Facebook page, or other locally based social media platform, to inform community members of local resources, upcoming wellness events, and educational health information related to obesity, diabetes, or hypertension; 4. Assist System Agency evaluation staff and Texas A&M International University, System Agency's contracted external evaluator, in coordination of Project evaluation activities as needed; Page 1 of 6 1* TEXAS Healthaw Human bfifServices Community-Based Implementation Plan State Partnership Initiative to Address Health Disparities Office of.ArnwityIrrafthandIreauhEquigy Grant Number: STTMP151120-01-00 5. Promote efforts to increase knowledge and awareness of health disparities and health status of local community, to increase cultural responsiveness of local service providers receiving referred Project participants, and to incorporate culturally and linguistically appropriate healthy lifestyle educational resources into local community; and 6. Establish and maintain multi -sector and multi-level partnerships to improve health outcomes, address health disparities, and reduce barriers to health access. Encourage improvement of public health, healthcare, and social services through local partnership networks of stakeholders at the system and community levels. During the term of the contracted period the System Agency shall: 1. Provide Monthly Community Project Progress Report template within 15 days of the executed Contract to use in completion of Local Government reporting protocol; 2. Provide Annual Community Project Report template to Local Government 60 days before due date to use in completion of Local Government reporting protocol; 3. Provide End of Contract Report template to Local Government by June 1, 2020 to use in completion of Local Government reporting protocol; 4. Approve educational health information for enhancement of Local Government Facebook within 15 days of receipt; 5. Provide promotional materials for the National Standards for Culturally and Linguistically Appropriate Services (CLAS) and the Office of Minority Health and Health Equity (OMHHE) online CLAS course, Advancing Health Equity in Texas through Culturally Responsive Care within 15 days of the executed Contract for use in quarterly promotional activities; 6. Provide System Agency content and resources related to healthy lifestyle education, obesity reduction initiatives, and diabetes and hypertension educational and management information within 15 days of the executed contract for use in quarterly promotional activities; and 7. Provide current Health Disparities Profile within 15 days of the executed Contract for use in quarterly promotional activities. Updated Health Disparities Profiles to be provided to Local Government within 15 days of completed update. SECTION H. PERFORMANCE MEASURES The following performance measures will be used to assess, in part, Local Government's effectiveness in providing the Services described in this Contract, without waiving the enforceability of any of the other terms of the contract: Page 2 of 6 TEXAS Rabb and Human Services Commission office of Ninwily Health and Hcalth fquily Start Up Activities Community -Based Implementation Plan State Partnership Initiative to Address Health Disparities Grant Number: STTMP 151120-01-00 • Submit to System Agency within 30 days of executed Contract, a work plan that spans the entire Contract period, detailing outcome objectives, activities to achieve objectives, timelines, measures (process and/or outcome), responsible party(ies), and partners (if required) for implementing and meeting Contract deliverables. • Submit to System Agency within 30 days of executed Contract, an evaluation plan detailing how activities will be assessed/monitored during the term of the Contract based on the Monthly Community Project Progress Report template provided by the System Agency. Contract Activities • Coordinate with community partners, community wellness events that provide screening for BMI, diabetes, and hypertension and connect community members with public and private health providers. Refer to table below for number of events required for each contract year. Operational Year Start Date End Date Minimum Event Requirement 1 Contract execution date by both Parties July 31, 2016 At least 1 2 Au ust 1, 2016 July 31, 2017 At least 4 3 1 August 1, 2017 July 31, 2018 At least 4 4 August 1, 2018 July 31, 2019 At least 4 5 August 1, 2019 July 31, 2020 At least 3 Options for Community Wellness Event Activities: o Recruit local provider(s) to provide culturally specific group exercise opportunities/demonstrations such as Zumba, Jazzercise, or other culturally appropriate forms of exercise. o Recruit local provider(s) to provide culturally appropriate food demonstrations (using plastic food models or donated food only) to show recommended portion sizes and healthy meal options. o Recruit local health educators or community health workers with knowledge on obesity, diabetes and/or hypertension to provide opportunities for community members to meet with them. • At community wellness events provide/coordinate BMI, diabetes, and/or hypertension screenings for African American and Hispanic adults (20+ years). Refer to table below for number of events required for each contract year. Page 3 of 6 ;1W*TEXAS HcahhC Human ServicessCommission Office of Sfinoril y f leillh .md health fgwfry Community -Based Implementation Plan State Partnership Initiative to Address Health Disparities Grant Number: STTMP151120-01-00 Operational Year Start Date End Date Minimum Screening Requirement 1 Contract execution date by both Parties July 31, 2016 At least 50 2 August 1, 2016 July 31, 2017 At least 265 3 August 1, 2017 July 31, 2018 At least 265 4 August 1, 2018 July 31, 2019 At least 265 5 August 1, 2019 July 31, 2020 At least 155 • Link Project participants of community wellness events to public health, healthcare, and social services as needed. Provide documentation that the community members who tested positive for obesity, diabetes, and/or hypertension received onsite referral to local services. Report actions taken in Monthly Community Project Progress Reports. • Conduct and document follow up with project participants who received referral services at community wellness events through Local Government conducted follow up calls or other standard follow up procedures to identify obtainment of services. Report results in Monthly Community Project Progress Reports. • Enhance and promote city health department Facebook page, or other locally based social media platform, to inform community members of local resources, upcoming wellness events, and educational health information related to obesity, diabetes, or hypertension reduction and management. Enhancement content must be approved by System Agency prior to posting by Local Government. o In Monthly Community Project Progress Report, provide documentation of at least two (2) local health, clinical and/social services resource or health education social media posts per month and at least one (1) promotional activity per month that was made available to Project participants. Options for Local Social Media Enhancement: o Fliers for community wellness events promoting preventive screening and disease management o Local healthy eating and active living opportunities: exercise classes, cooking classes, walking trails, parks, or farmers markets o Recipes that are culturally appropriate, budget friendly, and healthy o Recipes that are specific to chronic disease prevention and management and weight loss o Culturally appropriate healthy options that take into account social determinants of health (e.g., socioeconomic status and availability of neighborhood amenities) o Mental wellness support resources to address the challenges of losing weight and navigating daily life stressors o Reminders such as water intake, annual wellness checks, and chronic disease screenings Options for Local Promotion of Social Media Resource: o Distribute health prevention and resource materials at local health offices and Page 4 of 6 1' TEXAS HeahSeServictvic s Human es C Commission Community-Based Implementation Plan State Partnership Initiative to Address Health Disparities Office of,u;,a,ily I reareh and I ieahh [quity Grant Number: STTW 151120-01-00 clinics, community wellness events, or community, staff, or stakeholder meetings regularly attended by Local Government o Distribute health -promoting lifestyle and culturally appropriate Facebook ads to target users in local geographic area o Conduct promotional activities at community wellness events (e.g. ask participants to "like" the local health department Facebook page or "check in" at the local health department. Nominal incentives may be provided to draw visitors to the Facebook page to enter in drawing for an HEB gift card) Quarterly promotion of Office of Minority Health and Health Equity's (OMHHE) online course Advancing Health Equity in Texas through Culturally Responsive Care and materials that promote the adoption of the National Standards for Culturally and Linguistically ppropriate Services (CLAS) . Promotional materials to be provided by System Agency. Provide documentation of promotional activities in Monthly Community Project Progress Reports. • Quarterly promotion of System Agency resources related to healthy lifestyle education, obesity reduction initiatives, and diabetes and hypertension educational and management information. Content and materials related to the promotion of these resources to be provided by System Agency. Provide documentation of promotional activities in Monthly Community Project Progress Reports. Quarterly promotion of project Health Disparities Profile, as developed by OMHHE, to increase knowledge and awareness of health disparities and health status for target communities. System Agency has developed and will continually update Health Disparities Profiles for each target community identifying disparities related to obesity, diabetes, and hypertension to be disseminated at the state level and through Local Government promotional activities. Options for promotion include local health offices and clinics, community wellness events, meetings regularly attended by Local Government, Facebook page, and stakeholder list -serves. • Assist System Agency evaluation staff and Texas A&M International University in coordination of Project evaluation activities. • Establish and maintain multi -sector and multi-level partnerships to improve health outcomes, address health disparities, and reduce barriers to health access. Encourage improvement of public health, healthcare, and social services through local partnership networks of stakeholders at the system and community levels. List partnering entities and focus of partnership in Monthly Community Project Progress Reports. Local Government Reporting Protocol • Local Government is required to provide Project annual financial reports during the term of the ILC. Reports are due 30 days after the end of each Contract year. Reports are required regardless of whether or not expenses are incurred. Local Government financial template must include the reporting of all expenses according to the categories below (include subcategories as needed) Page 5 of 6 TEXAS Heallhand Humin Services Commission Office of Minorily llealfh and lleahh [quiff• Personnel Fringe Benefits Equipment Supplies Contractual Other Total Direct Total Indirect Charges TOTAL Community -Based Implementation Plan State Partnership Initiative to Address Health Disparities Grant Number: STTMP151120-01-00 • Submit a monthly report of Local Government's activities using the Monthly Community Project Progress Report template by the 15th of the following month. There may be adjustments to monthly reporting requirements if there are changes in federal reporting requirements. The monthly report may be disseminated to System Agency internal and external partners, as well as the funding agent. • Submit annual report of Local Government's activities using the Annual Community Project Report template by the last day of the following month. There may be adjustments to monthly reporting requirements if there are changes in federal reporting requirements. The monthly report may be disseminated to System Agency internal and external partners, as well as the funding agent. • Submit an End of Contract Term Report of Local Government's activities using System Agency -developed End of Contract Term Report template by September 31, 2020. The End of Contract Term Report may be disseminated to System Agency internal and external partners, as well as the funding agent. Page 6 of 6 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director 11 1 MEETING DATE: May 17, 2016 REQUESTED ACTION: Council consider a resolution rejecting bids for the 2016 Paving Improvements Project - Phase I Asphalt Paving Rehabilitation, Bid No. PW0116-06 and the 2016 Paving Improvements Project — Phase II Concrete Paving Improvements, Bid No. PW0116-07. BACKGROUND On March 3, 2016, at 2:00 P.M., in City Council Chambers, bids were received for the 2016 Paving Improvements Project — Phase I Asphalt Paving Rehabilitation and the 2016 Paving Improvements Project —Phase II Concrete Paving Improvements, Bid No. PW0116-07. After review of the submitted bids it has been determined the apparent lowest bid is over the budgeted amount for the project. Additionally, if either Phase I or Phase II of these projects is completed at this time, the 2016 Street Rehabilitation Budget would be exhausted. It is recommended by the City of Beaumont Public Works / Engineering Division to reject these bids, that possible modifications be made to the construction documents, and the projects be rebid at a later date. Furthermore, Management recommends that the balance of the 2016 Street Rehabilitation Budget be spent on multiple, smaller projects. A copy of the bid tabulation is attached for review. FUNDING SOURCE Capital Program — Street Rehabilitation Program. RECOMMENDATION Approval of resolution. ti .... Gladys Evaion Ave � J ... .: .vanes NEW CAiCER PiAtt Rarfm)n Ave Z 7 rr ... ..... - -AR ��.. fiA nN cRrnonAve Long St. { c3�r�►v sovrNcaHA cuo¢a.P cay .}� 10th St. to 7th S . y N 9 iANA 2 _ ywcod ��_ •„_... l`cam _ . .`•` r sx 3 W Fannin St N CnnstiTon N twood Mi}am 5t r z r i 196> i'tf4k'[CKftiECm f 3 `es C �C a}eY A c S4JTM 23ao tin C 69.... .. C ..: forthy Ave aim 6th St. to End dD a _ Herbertt n ;: r Sttghton Dr !W Eudid S tftn . w' St. apt s Washjngton:8lvd- u— _ ..... - . Pra dice t. to c 6th St. u Houston St. Vicinity Map jg� 7 Washington Blvd. to ��� owl in = 3,000 ft Fannett Rd. 0 0.25 0.5 1 Miles 02094Nofc 0AND Q2014`MicrosoftCorporation Miles q BID TABULATION 2016 Paving Improvements Project Phase I - Asphalt Paving Rehabilitation BID OPENING DATE: Thursday, March 3, 2016 The Bid Proposals submitted have been reviewed and =to the best of my knowledge this is an accurate tabulation of the bids received. By: Jjfhn Peterson. PE, Project Manager Date: 3!9!16 ITEM NO. ITEM CODE QUANTITY UNIT DESCRIPTION ALLCO BEAUMONT, TX T.W. HARRISON APAC BEAUMONT, TX SCOTT BLANCHARD Excavation & Const., LLC NEDERLAND, TX DELBERT MIRES 10D 2002 52.2 STA Preparing ROW UNIT PRICE S 1,100.00 TOTAL S 57,420.00 UNIT PRICE S TOTAL UNIT PRICE TOTAL 104 2017 250 SY Removing Conc (Driveways) S 30.20 S 7,550.00 950.00 S 20.00 S 49,590.00 S 5,000.00 S 850,00 S $ 44,370,00 11D 2001 400 CY Excavation (Roadway) $ 26.00 S 10,400.00 S 22.00 $ 8.800.00 7.15 $ 14,25 S 1,787.50 $ 5,700.00 132 2001 1,600 CY Embankment (Final) (Ord Comp) (Ty A) S 31,00 S 49,600.00 S 36.00 $ 57.600.00 S 66.00 S 105,600.00 162 2002 450 SY Block Sodding $ 6.50 S 2,925.00 S 5.15 $ 2.317.50 S 6.DO S 2,700.00 164 2001 2,475 SY Broadcast Seed (Perm) (Rural) (Sandy) S 1.00 S 2,475.00 S 0.52 $ 1.287.00 S 0.60 . S 1,485.00 166 2001 0.6 AC Fertilizer S 18,500.00 S 11,100.00 S 510.00 S 306.00 S 530.00 $ 318.00 168 2001 75 MG Vegetative Watering $ 195.00 $ 14,625.00 S 22.00 $ 1,650.00 $ 27.00 $ 2,025.00 275 2001 75 TON Cement for Base Course (7.51h by Weight) $ 165.00 S 12,375.00 S 241.00 $ 18,075.00 S 280.00 S 21,000.00 310 2001 1.000 GAL Prime Coat (MC -30) (0.35 GaVSY) S 10.05 $ 10,050.00 $ 7.00 $ 7,000.00 S 9.00 $ 9,000.00 340 2001 1.050 TON 2' TY D Asph Conc Base Course $ 110.00 $ 115,500.00 $ 150.00 $ 157,500.00 $ 200.00 S 210,000.00 340 2002 550 TON 1"TY F Asph Cone Base Course $ 125.00 S 68.750.00 $ 175.00 S 96,250.00 S 275.00 , S 151,250.00 j 351 2000 1.700 SY Asphalt point repair on Sixth Street and Dorothy Avenue per Typical Sections in Plans, including Removal and Disposal of Existing Asphalt pavement and base material, crushed stabilized limestone base. 2" TY D Asph. Conc. Base course and 1" Ty F Asph. Conc. Surface course, complete in place, the sum of: $ 150.00 $ 255,000.00 $ 185,00 $ 314,500,00 S 215.00 S 365,500.00 354 2021 6,600 SY Mill Asph Cone Pav (t" to 3") $ 7.50 S 49,500.00 S 5.40 S 35,640.00 S 10.00 S 66.000.00 361 2001 500 SY Full depth concrete point repair on Long Street, including full depth sawcut. removal and disposal of existing concrete pavement and base material, 12" cement stabilized sand, reinforcement. pavement undercuts and 8" concrete pavement, complete in place, the sum of: $ 180.00 S 90,000.00 S 346.00 $ 173,000.00 S 350.00 S 175.000.00 400 2005 675 CY Cem Stabil Bkt1 S 66.00 $ 44.550.00 S 41.00 $ 27,675.00 $ 43.00 S 29,025.00 400 2006 1.355 SY Utility trench repair on Long Street per detail in plans, ncluding full depth sawcut, removal and disposal of existing concrete pavement and base material, 12" cement stabilized sand, reinforcement, pavement undercuts and 8" concrete pavement, complete in place, the sum of: 5 160.00 $ 243,900.00 $ 350.00 S 474,250.00 5 325.00 S 440,375.00 402 2001 425 LF Trench Excavation Protection $ 2.00 S 850.00 $ 1.05 S 446.25 S 1.05 S 446.25 465 2012 22 EA inlet (Compl) (Ty A) S 3,300.00 $ 72,600.DO $ 3,850.00 S 84,700.00 S 3,850.00 S 84,700.00 465 4002 2 EA Manh (Compl) (PRM) (60in) S 5,050.00 $ 10,100,00 $ 4,100.00 $ 8,200.00 S 4,100.00 S 8,200.D0 479 2000 13 EA Adjusting Storm & Sanitary Manholes $ 118.00 S 1,534.00 $ 355.00 S 4,61500 $ 355.00 S 4.615.00 496 2D07A 675 LF Remov Str (Pipe) (15 in) S 20.00 S 13,500.00 S 6.10 S 4,117,50 S 6.50 S 4,387.50 496 2DO7B 235 LF Remov Str (Pipe) (18 in) S 26.00 S 6,110.00 $ 6.10 $ 1,433.50 S 7.25 S 1,703.75 500 2001 1 LS Mobilization S 120.985.00 $ 120,985.00 $ 175,000.00 S 175,000.00 S 158,965.56 S 158,965.56 502 2001 6 MON Barricades. Signs, and Traffic Handling $ 10,250.00 $ 61.500.00 S 3,500.00 S 21,000.00 $ 4,500.00 S 27,000.00 529 2002 500 LF Remove and Replace 6" Concrete Curb for Concrete Point Repair, complete in place, the sum of: S 20.00 $ 10,000.00 1 $ 60.00 1 $ 30,000.00 IS 70.00 S 35,000.DO BID TABULATION 2016 Paving Improvements Project Phase I - Asphalt Paving Rehabilitation BID OPENING DATE: Thursday, March 3, 2016 Page 2 of 2 ALLCO APAC Excavators & Const, LLC ITEM NO. ITEM CODE QUANTITY UNIT DESCRIPTION BEAUMONT, TX BEAUMONT, TX NEDERLAND, TX T.W. HARRISON SCOTT BLANCHARD DELBERT MIRES UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 530 2010 250 SY Driveways (Cone) $ 61.00 $ 15.250.00 $ 120.00 $ 30.000.00 $ 99.58 $ 24,895.00 712 2001 1,000 LF Cleaning and sealing joints and cracks. complete in place, the sum of: S 5.50 $ 5500.00 $ 5.10 $ 5,100.00 $ 4.00 S 4,000.00 1122 2076 235 SY Construction Exits (install) (Ty 1) $ 18.00 $ 4,230.00 $ 28.00 S 6,580.00 $ 29.02 S 6,819.70 1122 2019 235 SY Construction Exits (Remove) $ 5.00 $ 1,175.00 S 7.50 S 1,762.50 $ 8.25 S 1.938.75 1122 2037 2,670 LF Temp Sedmt Cont Fence (Install) $ 3.00 S 8,010.00 $ 3.10 S 8,277.OD S 4.10 S 10,947.00 1122 2047 375 LF Biodeg Erosn Cont Logs (lost) (8") $ 8.00 $ 3,000.00 $ 5.10 S 1,912.50 S 5.82 S 2,182.50 1122 2056 375 LF Biodeg Erosn Cont Logs (Remove) S 2.00 S 750.00 S 1.05 $ 393.75 S 1.00 S 375.00 1122 2057 2,670 LF Temp Sedmt Cont Fence (Remove) $ 0.50 $ 1,335.00 $ 0.55 $ 1,468.50 $ 1.50 S 4,005.00 5969 2002 350 LF Water line adjustment. 6' PVC. in accordance with City of Beaumont Water Utilities Department Standard Specifications, including wet connections & cut. plug. and dispose of existing water line, complete in place the sum of: $ 185.00 $ 64,750.00 $ 225.00 S 78,750.00 $ 210.00 S 73.500.00 SS 1535A 44 Fly Ciearence prune trees per the Tree Protection Plans, complete in place, the sun of: $ 525.00 S 23,100.00 S 610.00 S 26,840.00 S 700.00 S 30,800.00 SS 15358 1.720 LF Tree Protection Fence per the Tree Protection 11,180.00 S 2.80 S 4,816.00 S 3.00 S 5,160.00 Plans, complete in place, the sum of: S 6.50 $ SS 1535C 250 LF Root Pruning Trench per the Tree Protection Plans, complete in place, the sun of: $ 21.00 S 5,250.00 S 51.00 S 12.750.00 S 52.00 S 13,000.00 SS 2619A 993 LF Thermoplastic Pipe (18")(HDPE) $ 28.00 S 27,804.00 S 64.00 S 63,552.00 S 65-00 S 64,545.00 SS 2619B 333 LF Thermoplastic Pipe (24")(HDPE) S 38.00 $ 12.654.00 S 67.00 S 22.311.00 S 69.00 S 22.977.00 SS 2234 2,850 SY Recycled Cement Stabilized Base Course (81 $ 12.00 S 34,200.00 S 10.00 S 28.500.00 S 12.00 S 34,200.00 $1,561.087.03 $2,052,966.00 $2,255,498.51 TOTAL Yes Yes Yes Acknowledge Addenda 1 Yes Yes Yes Acknowledge Addenda 2 Yes Yes Yes Bid Summary Yes Yes Yes Bid Bond Yes Yes Yes Corporate Resolution Yes Yes Yes Information Required of Bidder Yes Yes Yes Provision on Conflict of Interest Yes Yes Yes Conflict of Interest Questionnaire Yes Yes Yes Schedule C (MBE Participation) Yes Yes Yes insurance Verification Affidavit Yes Yes Yes Mobilization Not to Exceed 10% of Bid Yes Yes Yes Electronic Copy Enclosed with Bid TAOm s ROAD 2 Evalon Ave l> "arrapn Avg t , _ f MAWWAr �T _ :.... ..:.. _:.. 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N. N N.... -.000 N �'zyg ZY Qan mRi tltlyF p'p jW�j qpV �pyN �Qp� paW��p ypN�S�{ST }N�j (NNS pV N}pJ 99000000N b �p gN'+pb�8V V 10p�� P IO y+N�8N 1p Np 'ppO �pNp {J��IpV Sew � � (�/1� ii 000 OWN O O 888888$8$88888$88 NOON O N�0011�N OO 00 v� 88SS8888888�58888858 O 8 NNNNNNNMNNNNNNNUU NNNNNNNUNNNNNNHNNNN U C [qn oNN W u 2 N .p mo N S ONOI OI m!/�00 �N�UNi -�+� 8$8!S!S`b'888888$8$oS' O S4N V h t�J �UiuNNNN P J W N 888158$8888$8'$8888$8 �m :1 8 NNNNNNNNNNNNNNNNN NNUN. N N N.. N.. N N N NNN N �;� �n n W N2A, b�n_ONe rajiN (60 V O O� NNVVNI.�N N>-� qWWSO pWSSA y ySi p�O NW p0 .O y �NNn1 :yN O0a'p.pH. N 088858888$888888888888888888885N 9 f� 8 BID TABULATION 2016 Paving Improwmants Project Phase It - Concrete Paving knprove"nis SD OPENING DATE: Thursday. March 3, 2016 Pape 2 of 2 REM NO, ITEM CODE QUANTITY UNIT OMR077MN RACEHORSE LUMBERTON. 7X THOMAS WYNNE ALLCO BEAUMONT, TX T.W. HARRWIN MK Comtructors Virkm TX KENNETNSTEWART Exuvauon d Corm., LLC NEDERLAND, TX DELBERT MIRES APAC BEAUMONT, TX SCOTT BLANCHARD 529 2007 35 Yes Yes UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL yes Corporate Resolution Yes LF Coni Curb (Dowel) $ 2.00 S 70.00 S 26.00 S 91000 S 10.00 $ 350.00 S 4.00 S 140.00 $ 46.00 5 1,610.00 530 2010 600 SY Driveways (Coni) 5 27.00 S 16,200.00 S 60.00 $ 36.00090 S 50.00 $ 30,000.00 5 74.00 $ 44 400.00 S 84.02 S 50Al2OD 531 2010 14 EA Curb Ramps (Ty 7) S 300.00 $ 4,200.00 S 1.585.00 $ 22,190.00 S 2.200.00 S 30,800.00 $ 1,300.00 S 16200.00 S 1,662.00 S 23.266.00 531 2015 330 SY Coni Sidewalks (4-) S 3.00 S 990.00 $ 54.00 S 17,620.00 S 50.00 $ 16,500.00 S 44.00 S 14,520.00 5 96.00 S 31,680.00 666 2036 130 LF Reil Pav Mrk Ty I (W) 8' (SLD) (1 WMIL) S 6.00 $ 780.00 $ 3.20 S 416.00 S 4.00 $ 520.00 $ 130.00 $ 16,900.00 S 330 $ 429.00 666 2042 215 LF Re8 Pau Mrk Ty I (W)12- (SLD) (100MIL) S 10.00 S 2.150.00 S 6.40 S 1,376.00 S 7.00 S 1,505.00 S 6.00 S 1.290.00 $ 6.50 S 1,397.50 666 2OS4 2 EA Rell Pav Mrk Ty I(W)(Arrow) It ODMIL) S 280.00 S 520.00 S 365.00 $ 730.00 S 402.00 S 804.00 S 350.00 S 700.00 S 3W.00 S 720.00 666 2105 245 LF Reil Pau Mrk Ty I (Y) 4' (BRK) (100MIL) S 3.00 S 735.00 S 1.60 S 392.00 $ 2.00 5 490.00 $ 1.50 $ 367.50 S 1.65 S 404,26 666 2111 1,280 LF Res Pay Mrk Ty I (y) 4' (SLD) (1 DOMk) S 2.00 S 2.560.00 $ 0.90 S 1,152.00 $ 1.00 5 1.280.00 S 0.80 S 1,024.00 S 0.85 $ 1.088.00 712 2001 1,300 LF Ckwrceg and Seeing Joints and Cracks S 4.50 $ 5,850.00 S 5.50 $ 7.150.00 S 5.00 $ 6.500.00 S 4.00 S 5,200.00 S 5.50 S 7,150.0D 1122 2016 240 SY Construction Exits (Install) (Ty 1) $ 15.00 $ 3,600.00 5 18.00 $ 4320.00 S 35.00 S 8.400.00 S 8.Do S 1,920.00 5 30.25 S 7,260.00 1122 2019 240 SY Construction Exits (Remwe) $ 15.00 $ 3,600.00 S 5.00 S 1,200.00 $ 11.00 5 2,660.00 S 4.00 S 960.00 $ 8.00 5 1,920.00 1122 2047 480 LF 8iodeg Erosn Cont Logs (Instal) (8') $ 20.00 $ 9,600.00 S 7.00 5 3,300.00 S 15.00 $ 7,200.00 S 5.50 $ 2,640.00 $ &DO S 2,880.00 1122 2058 480 LF Slodeg Erosn Cont Lop(Rerni") $ 10.00 S 4,W0.00 S 2.00 5 960.00 $ 2.00 S 9W.00 S 2.50 S 1,200.00 S 1.10 S 528.00 5969 2002 80 LF 6* PVC.in accordarce Wet dineity $ 45.00 S 2,250.00 $ 125.00 $ 6.250.00 S 230.00 S 11,500 .00 S 220.00 S 11,0 00.00 S 235.00 5 Beaonent ater as' withStandard 17750.00 SpedBratiom including wet connections 8 art, plug. and dispose of existing water One, complete in place the sum of: Clearance prune trass per the Tree Protection SS 1535A 25 FA Plans, complete in piece, the sum of: $ 220.00 $ 5,500.00 S 525.00 5 13.125.00 S 130.00 5 3.250.00 S 900DO S 22,500.00 S 1,100.00 S 27,580.00 Tree Protection Fence per the Tree Protection SS 55356 2.600 LF Plans, complate in place, the sum of: $ 8.00 S 24800.00 $ 6.50 $ 16.900.OD S 3.00 5 7.800.00 S 5.72 S 14,872.00 S 3.00 S 7.800.00 Root Pruning Trench per One Tree Protection SS 1535C 250 LF Plans, complete in place, the sum of: $ 20.00 5 5,000.00 $ 21.00 S $250.00 S 10.00 S 2.500.00 S 9.02 S 2.255.00 5 55.00 S 11750.00 Zero curb cutback per we Tree Protection Plans, SS 1535D 100 LF complete in place, the sum of: S 120.00 S 12.000.00 S 32.00 S 3.200.00 S 12.00 $ 1,200.00 S 125.00 S 12,500.00 S 3.00 5 300.00 Checkerplate Sidewalk Construction per the Trae SS 1535E 100 LF Prialw" Pians. complete In place, the sum of: S 6.00 S 600.00 S 32.00 S 3200.00 $ 160.00 S 18,000.00 S 100.00 S 10.000.00 S 5.50 S 550.00 TOTAL $l,4T8.48Z00 1.498.910. t. ,806.00 1.635.587.90 Represents Error Corrected by Enga r Acknowledge Addenda 1 Rc (Incorrort B:d Schedule Sub -clod) Yes Yes Yes Yes Acknowledge Addenda 2 Yes Yes Yes Yes Yes Bid Summary Yes Yes Yes Yes yes EW Bond Yes Yes Yes Yes yes Corporate Resolution Yes Yes Yes Yes yes Information Required of bidder Yes Yes Yes Yes Yes Provision on Conflict of Interest Yes Yes Yes Yes Yes Confficl of Interest Questionnaire Yes (Nat Signud) Yes Yes Yes Yes Schedule C (MBE Participation) Yes (Not Signed) Yes ilo Yes Yes Insurance Verifieatton Affidavit yes (Not Signed) Yes Yes Yes yes Mobilization Not to Exerted 10% of Bid Yes Yes Yes Yes Yes Etectronic Copy Enclosed with Bid No I Yes I Yes I Yes Yes RESOLUTION NO. WHEREAS, on March 3, 2016, three (3) bids were received for the 2016 Paving Improvements - Phase I Asphalt Paving Rehabilitation Project; and, WHEREAS, on March 3, 2016, five (5) bids were received for the 2016 Paving Improvements - Phase II Concrete Paving Improvements Project; and, WHEREAS, all bids exceeded the budgeted combined estimated construction cost of $1,681,119 for both projects; and, WHEREAS, it is the recommendation of City of Beaumont Public Works/Engineering Division that possible modifications be made to the construction documents and the projects be rebid at a later date; and, WHEREAS, the City Council finds it is not in the public interest to accept the bids for the 2016 Paving Improvements— Phase I Asphalt Paving Rehabilitation Project and the 2016 Paving Improvements - Phase II Concrete Paving Improvements Project and that each should be rejected; 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 Council does hereby reject the bids for the 2016 Paving Improvements - Phase I Asphalt Paving Rehabilitation Project; and, BE IT FURTHER RESOLVED THAT the City Council does hereby reject the bids for the 2016 Paving Improvements - Phase II Concrete Paving Improvements Project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of May, 2016. - Mayor Becky Ames - c BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: May 17, 2016 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the subrogation claim of Enterprise Leasing. BACKGROUND This matter was presented and discussed in Executive Session held on May 10, 2016. The City Attorney is requesting authority to settle this subrogation claim in the amount of $16,988.73. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the subrogation claim of Enterprise Leasing has been discussed in an Executive Session properly called and held Tuesday, May 10, 2016, and, WHEREAS, the City Attorney is requesting authority to settle this claim; 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 Attorney be and he is hereby authorized to settle the subrogation claim of Enterprise Leasing the amount of Sixteen Thousand Nine Hundred Eighty -Eight and 73/100 Dollars ($16,988.73); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the subrogation claim. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of May, 2016. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: May 17, 2016 REQUESTED ACTION: Council consider a resolution stating the remedy, curing the burden, on the Faith and Fellowship Bible Study group at the Beaumont Police Department. BACKGROUND This matter was presented and discussed in an Executive Session held on May 10, 2016. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, on or about December 18, 2015, the City of Beaumont received notice under the Texas Religious Freedom Restoration Act (TRFRA), Tex. Civ. Prac. & Rem. Code, Section 110.001, et seq., of an alleged violation; and, WHEREAS, Sergeant Burt Moore, Officer Tony Harding, Sergeant Barry Scarborough, and Detective Anthony Goudeau, as representatives of the Faith and Fellowship Bible Study group, alleged that their free exercise of religion was being substantially burdened by not allowing the holding of voluntary bible studies at the Beaumont Police Department; and, WHEREAS, by letter dated January 4, 2016, the City of Beaumont remedied the substantial burden by indicating to the officers that they could continue their bible studies in the manner they had in the past on their lunch hours or other break times in any available break room or conference room; and, WHEREAS, on or about May 3, 2016, the City of Beaumont received another notice that an individual Council member allegedly approached an officer instructing him to stop using the internal email system for notices of their bible studies; and, WHEREAS, the action of a single Council member acting alone is not an exercise of governmental authority binding the City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT in order to clarify the remedy extended as a cure pursuant to Tex. Civ. Prac. & Rem. Code, Section 110.006(e), it is stated as follows: THAT the statements and findings set out in the preamble to this Resolution are hereby, in all things, approved and adopted; and, THAT the Faith and Fellowship Bible Study be and it is hereby extended the ability to continue their bible study in the manner they had in the past on their lunch hours or other break times in any available break room or conference room; and, BE IT FURTHER RESOLVED THAT they are also allowed to access the internal email system of the Beaumont Police Department to provide notice of the bible studies. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of May, 2016. - Mayor Becky Ames - BEAUMONT T E X A S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MAY 17, 2016 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-3/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider authorizing the City Manager to enter into an agreement with The Striesfeld Group, LLC for the management and operation of the Beaumont Tennis Center 2. Consider a resolution approving the award of a contract to Wow Food Concepts of Beaumont to provide concession and alcohol services 3. Consider an ordinance authorizing the suspension of the effective date of CenterPoint Energy's proposed rate increase until July 14, 2016 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. 11 May 17, 2016 Consider authorizing the City Manager to enter into an agreement with The Striesfeld Group, LLC for the management and operation of the Beaumont Tennis Center BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: May 17, 2016 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to enter into an agreement with The Striesfeld Group, LLC for the management and operation of the Beaumont Tennis Center. BACKGROUND Requests for proposal (RFP) for the management and operation of the tennis center were solicited from seventeen (17) vendors with one (1) response being received. The RFP sought a contractor to fully manage, staff, supervise and conduct the administration and operation of the facility including offering tennis -related programming for all skill levels and ages, organizing tournaments in addition to other tennis -related services and promoting the facility in order to maximize its utilization. The term of the management agreement is five (5) years with the option for two (2) additional five (5) year terms. The City shall be paid in accordance with the following: (1) Initial 5 Year Contract (a) Twelve months following execution of agreement: $0 per month (b) Year 2: $500 per month (c) Year 3: $750 per month (d) Year 4: $1,000 per month (e) Year 5: $1,000 per month (2) First 5 Year Extended Term: Upon exercising the option to extend the management agreement for an additional 5 year term, the Contractor will pay the City: (a) Year 6: $1,000 per month (b) Year 7: $1,500 per month (c) Year 8: $1,500 per month (d) Year 9: $2,000 per month (e) Year 10: $2,000 per month Management Agreement May 17, 2016 Page 2 (3) Second 5 Year Extended Term: Upon exercising the option to extend the management agreement for a second additional 5 year term, the Contractor will pay the City $2,500 per month for Years 11-15. In addition, The Striesfeld Group shall pay the City 10% of all gross receipts from the sale of food concessions, tennis equipment, and apparel. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. 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 five (5) year contract, with the option for two (2) additional five (5) year terms, substantially in the form attached hereto as Exhibit 'A" with The Striesfeld Group, LLC for the management and operation of the Beaumont Tennis Center. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of May, 2016. - Mayor Becky Ames - MANAGEMENT AGREEMENT WHEREAS, the City of Beaumont, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "City" and The Striesfeld Group, LLC, a Limited Liability Company domiciled in , Texas, hereinafter called "Contractor" hereby seek to enter into a Management Agreement concerning the property described as Beaumont Tennis Center, hereinafter called "Facility". WHEREAS, the parties recognize the mutual benefit to City and Company derived from the existence of a first class tennis facility and, WHEREAS, to that end, City and Company agree as follows: 1) GOAL The City of Beaumont, through its municipal tennis facility, strives to offer the community a positive and inviting atmosphere for players of all ages and levels to participate in year-round tennis play. 2) FACILITY The Beaumont Tennis Center (Facility) is a municipal tennis facility under the oversight of the City ofBeaumont Parks and Recreation Department located at 6455 College Street. It includes twenty (20) outdoor and four (4) indoor lighted tennis courts. There is a viewing loggia that is ADA compliant. The Pro Shop contains approximately 4,460 square feet of retail floor and wall space. The Facility also includes restrooms with showers for men and women, storage area, and Manager's office. For and in consideration of the conditions and agreements to be kept and performed by Contractor, City does hereby agree to allow the Contractor to manage and operate and Contractor does hereby agree to manage and operate all of that real and personal property as described above as a public tennis facility. 1 EXHIBIT "A" 3) EFFECTIVE DATE AND POSSESSION This management agreement is subject to the approval of the City Council of the City and is not effective until the date of final approval by the Council ("Effective Date"). The date of Contractor's right of possession Facilities and responsibility for operations of Tennis Center ("Possession Date") will be June 1, 2016. 4) TERM OF AGREEMENT The agreement shall have an initial term of five (5) years commencing on , 2016 and ending on , 2021. This Agreement may be extended for two additional five (5) year terms. Contractor shall notify the City in writing at least one hundred eighty (180) days before the end of the initial term or first extended term if Contractor elects to renew this agreement for the extended term. 5) USE OF FACILITY Contractor's primary duty is to fully manage, staff, supervise and control the administration and operation of the facility. Contractor shall use the Facility only for business purposes as municipal tennis courts and for no other purpose without prior written consent of City. Contractor shall comply with all rules, regulations, ordinances, City Charter and laws of public authorities applicable to its operations of the Tennis Center and obligations herein. 6) NONDISCRIM [NATION Contractor will not discriminate nor permit discrimination against any person or group of persons with regard to employment and the provision of services at, in, or on the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. The City hereby reserves the right to take action necessary to enforce this covenant. 7) CONTRACTOR RESPONSIBILITIES The Contractor shall retain the exclusive right to conduct tennis -related activities at the Facility. 2 A. PROGRAMMING The contractor shall offer tennis and/or tennis -related programming at the Facility. (1) Programming may include, but is not limited to: a) group lessons or clinics, b) private lessons, c) leagues, d) cardio tennis workouts, e) drop-in programs, f) tournaments, g) camps, h) junior programming, i) senior programming, j) mixers. k) and other specific services and amenities as listed by Contractor in Attachment B, Response to RFP (2) Through its programming, the Contractor shall endeavor to maximize the utilization of Facility courts during hours of operation, and the Contractor shall make programming available for diverse skill levels, ages and populations. The Contractor shall modify programming to meet customer needs; the City's needs, and/or as demand dictates. (3) Each month, the Contractor must submit to the Director of Parks and Recreation or their designee, a program of activities of the forthcoming month, identifying at a minimum: leagues, lessons, youth and adult programs, tournaments by dates and estimated number of participants, and hours of operation. B. SERVICES The Contractor shall provide tennis and/or tennis -related services at the Facility. Services may include, but are not limited to: 1) racquet stringing, 2) ball machine rental, 3) tennis equipment, 4) apparel or other accessories or merchandise, 5) food, beverages or other concessions, and 6) tournament organizing. C. FEES Contractor shall charge and publicize all tennis fees as approved by City Council in the Code of Ordinances. D. MARKETING, ADVERTISING, AND PROMOTION ACTIVITIES (1) The Contractor shall market, advertise and promote the Facility in order to maximize its utilization. Marketing, advertising and promotional activities may occur via Facility website, social media or other means with prior approval by the Parks and Recreation Director. (2) Contractor shall provide suitable signs at the Facility advising the public that the business activity is operated by the Contractor as an independent contractor and not operated by the City. E. OPERATIONS (1) The Contractor shall manage court usage, court reservations, and payment of court fees at the Facility according to City Ordinance, Section 14.04.013. Current fees approved by City Council and in effect at the signing of this agreement are provided in Exhibit B. (2) The Contractor shall at minimum, maintain the hours of operation as set by City. The Contractor may operate the Facility outside of the hours stated with prior written approval from the City. The current hours of operation are provided in Exhibit C. (3) The Contractor shall offer patrons a user friendly online court reservation system that, at minimum. a. presents no extra cost to players, b. provides reservation confirmation notifications, and c. captures zip codes, email addresses and phone numbers. (4) The contractor shall provide all equipment necessary for the Facility and Pro Shop. The contractor shall utilize a computerized cash register system. (5) The Contractor shall be responsible for any and all debts incurred by the operation of the Facility and shall allow no liens to be filed against City Property. 4 F. FACILITY IMPROVEMENTS/UPGRADES (1) Improvements and/or upgrades to the Facility will be at the sole expense of the Contractor and will become the property of the City upon expiration or termination of the contract. (2) All improvements or upgrades will require prior, written approval from the City. (3) The Contractor shall have the right to remove any personal property from the Facility upon expiration or termination of the contract. (4) The City reserves the right to require the Contractor to restore the Facility to its original condition at the Contractor's expense. G. FACILITY MAINTENANCE AND REPAIRS (1) The Contractor shall be responsible for all maintenance on the following items: a) conduct custodial duties to present a clean appearance of the Facility at all times; b) provide all custodial services and supplies for the Facility; c) maintain the tennis courts and Facility in good repair; d) clears and pressure wash all sidewalks and porch areas once a month; e) repair any physical damage to the facilities such as broken windows, wall damage, plumbing fixture repair, and minor toilet stoppage; f) replace all "burned out" lights in the Pro -Shop area; g) maintain clean and free of debris, inside the fenced area and area within twenty (20) feet of the Facility; h) provide replacement of worn, damaged nets and windscreens. H. REGULATORY (1) The Contractor shall fully comply with all laws, rules, regulations and orders of all local, state and federal governmental authorities which in any way relate to the Facility. (2) Contractor shall secure any and all licenses, clearances, permits and other certificates necessary to operate the Facility as may be required for Contractor's lawful operation, use, possession and occupancy of the Facility. (3) The Contractor shall pay the cost of all license and registration fees and renewals thereof. The Contractor shall display all permits in conspicuous location at the Facility. HEALTH, SAFETY, AND SECURITY (1) The Contractor shall be certified for CPR (Cardiopulmonary resuscitation), First Aid and AED (Automated External Defibrillator) training, shall maintain such certification throughout the contract term, and shall provide proof of certification upon the request of the City. (2) City has installed security equipment in the Pro Shop. The Contractor shall monitor the security service and handle all calls associated with this service. The Contractor will be responsible for monthly payments to the security service and any cost associated for false alarms. Should a loss occur of any nature, the City will not be held responsible for any contents, merchandise or cash on -hand. J. CASH HANDLING, DEPOSITS, AND RECORDKEEPING (1) The Contractor shall maintain a written cash handling policy which is subject to the approval of the City's Chief Financial Officer. During the term of this Agreement the Contractor shall establish and maintain separate records and accounts for the City facility, including a separate bank account relating to the operation of the Facility. (2) The contractor shall keep and maintain complete and accurate books and records necessary for the fulfillment of Contractor's obligations in accordance with generally accepted accounting principles (GAAP) consistently applied and in a form satisfactory to the City throughout the contract term and for four (4) years after expiration or early termination of the contract. (3) The Contractor shall keep and maintain books and records in sufficient detail to fully and properly document and account for all transactions which relate to the amounts reported to the City. (4) The Contractor shall install a computerized cash register system which shall record all sales or service transactions in a manner satisfactory to the City. K. REPORTING REQUIREMENTS (1) Court rental activity and attendance reports. (2) Log of all maintenance and service performed at the Facility. (3) Incidents or injuries at the Facility. (4) Copy of Internal Revenue Service annual tax returns pertaining specifically to Facility income. (5) Quarterly sales tax report. 8) CITY RESPONSIBILITIES A. During the term of the agreement, City shall be responsible for all maintenance on the following items, at its discretion : (1) HVAC systems including scheduled filter changes (2) Water heater (3) Fire alarm system (monitoring included) (4) Fire extinguisher annual inspections (5) Electrical breaker panels and circuits (6) Lighting control panel (7) Ballast replacement on light fixtures (8) Building structure (9) Roof system (10) Interior and exterior painting (11) Ice machine repairs (12) Plumbing system repairs such as sewer line blockage, flush valve repairs, water supply line repairs, facet repairs, drink fountain repairs (13) Parking lot lights (14) Irrigation system repairs and maintenance (15) Door hardware repair (16) Termite treatment (17) Fencing (18) Replacing light bulbs on the exterior, open courts and covered courts, as discussed below B. During the term of the agreement, City shall provide the following items: (1) A dumpster for trash services. (2) One (1) telephone line for Contractor to conduct business. Contractor may add telephone and computer lines at its sole expense. (3) All utilities (water/sewer, electricity, gas, telephone) (4) Internet as it exists today with no guaranty for speed, availability and the like. (5) AED machine, located in bag below counter. C. Prior to the Possession Date, City will assess the facilities to ensure lights are working, nets are in good playable condition, windscreens are up and in good playable condition, all courts are pressure washed and free of debris, and overall facility is presentable and ready to be operated. D. During the term of the agreement, response time for work order requests will be within 48 hours during normal business hours which is 7:30am - 4:OOpm Monday through Friday. Within 48 hours time frame a City of Beaumont representative will assess the request to determine what will be needed to resolve the requested issue and give the Contractor an approximate timeline to complete the request. The timeline or completion of any work order request will depend upon material availability, delivery time for materials, and the scheduling of work with a contractor if needed. E. City of Beaumont staff will maintain the lights on all outdoor and covered courts at the Beaumont Tennis Center Complex according to the following guidelines: (1) Outdoor Court Lights (a) Personnel and equipment will be dispatched to the facility when there are a minimum of two (2) lights out on an individual court or there are at least a combined total of ten (10) or more lights out on all outdoor courts. (b) All work will be scheduled Monday through Friday between 7:30 a.m. and 4:00 p.m. (Saturday and Sunday excluded) (2) Covered Court Lights (a) Personnel and equipment will be dispatched to the facility when there are a minimum of two (2) lights out on an individual court or a combined total of eight (8) or more bulbs not working on all four courts. This work will be scheduled Monday through Friday 7:30 a.m. — 4:00 p.m. (b) Personnel and equipment will be dispatched to the facility when there are a minimum of two (2) fixtures not working on an individual court. This work will be scheduled Monday through Friday 7:30 a.m. — 4:00 p.m. (c) In the event all fixtures are not working on all courts or one individual court, personnel and equipment will be dispatched to the facility Monday through Sunday. 9) COMPENSATION A. Contractor shall pay City as follows: (1) Initial 5 Year Contract (a) Twelve months following execution of agreement: $0 per month (b) Year 2: $500 per month (c) Year 3: $750 per month (d) Year 4: $1,000 per month (e) Year 5: $1,000 per month (2) First 5 Year Extended Term: Upon exercising the option to extend the management agreement for an additional 5 year term, the Contractor will pay the City: (a) Year 6: $1,000 per month (b) Year 7: $1,500 per month (c) Year 8: $1,500 per month (d) Year 9: $2,000 per month (e) Year 10: $2,000 per month (3) Second 5 Year Extended Term: Upon exercising the option to extend the management agreement for a second additional 5 year term, the Contractor will pay the City $2,500 per month for Years 11-15. B. Contractor shall pay City 10% of all gross receipts from the sale of food concessions, tennis equipment and apparel. Contractor shall provide a monthly report from the point of sale system along with the payment by the 15th of each month. 10)ASSIGNMENT This agreement may not be assigned in whole or in part by either party without the prior written approval of the other party. 11)TERMINATION A. City or Contractor may terminate this Agreement for cause if either party defaults in the performance of any covenant condition of this Agreement. Prior to such termination City or Contractor must provide the other party with written notice of such default and if the party does not cure the default within fifteen (15) days after the giving of notice, the party giving such notice may terminate the Agreement by a ninety (90) day written notice. B. In addition to any other duties and obligations identified in this Agreement, Contractor shall have the following duties and responsibilities at the termination of this management agreement, whether occurring by normal expiration or as otherwise herein provided: (1) Contractor shall return the Facility to City in good and operable condition, as received at the inception of Agreement.. (2) All Trade Fixtures or any other Contractor -owned property which remain at the Facility after the termination or expiration of the Agreement automatically becomes City property without the necessity of any further notice or legal action. 12) INDEMNITY Contractor agrees to indemnify, hold harmless and defend, at its own expense, the City of Beaumont and its officers, agents, servants, and employees from and against any and all claims, causes of action and damages of every kind, for injury to or death of any person and damages to property arising out of or in conjunction with the execution, performance, attempted performance or nonperformance of this agreement or from the operations and actions of The Striesfeld Group, its officers, agents and employees and specifically including herein any and all acts of negligence or omissions by the City of Beaumont, its agents, officers or employees carried out under the teems of this agreement. 13) INSURANCE A. Contractor shall secure and maintain a comprehensive general liability insurance policy to include contractual liability coverage with minimum limits of Five Hundred Thousand Dollars ($500,000) combined single limit per occurrence or its equivalent with an aggregate limit of $1,000,000. The City of Beaumont shall be named as an additional insurance on the policy. The comprehensive general liability policy carried by Contractor under this agreement is the primary coverage 10 in case of loss or damage related to Contractor's operation of the Facility. A copy of the policy shall be submitted prior to commencement of this Contract. B. Further explanation of insurance required and related terms is included in Attachment A. 14) AMENDMENTS This Agreement shall not be changed, amended or altered in any way except in writing and executed by both Parties. 15) ENTIRETY OF AGREEMENT This Agreement constitutes the whole of the understanding, discussions, anc agreements by and between City and Contractor. The terms and provisions of this Agreement are contractual and not mere recitals. The City and the Contractor acknowledge that there have been no oral, written or other agreements of any kind as a condition precedent to or to induce the execution and delivery of this Agreement. Any written or oral discussions conducted prior to the effective date of this Agreement shall not in any way vary or alter the terms of this Agreement. This Agreement shall be binding upon the parties and their respective successors and assigns. 16) NOTICES Any nofte provided for in this Agreement, or which may otherwise be required by law shall be given tin writing to the parties hereto by email or certified mail addressed as follows: TO CITY TO COMPANY City Manager 801 Main Street Beaumont, Texas 77701 11 IN WITNESS THEREOF, this Agreement, consisting of duplicate counterparts as of this 12 day of pages is executed in , 2016. CITY OF BEAUMONT, TEXAS go Kyle Mayes, City Manager THE STRIESFELD GROUP Eric Striesfeld, President 2 May 17, 2016 Consider a resolution approving the award of a contract to Wow Food Concepts of Beaumont to provide concession and alcohol services TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: May 17, 2016 REQUESTED ACTION: Council consider a resolution approving the award of a contract to Wow Food Concepts (Wow) of Beaumont to provide concession and alcohol services. BACKGROUND A request for proposal was solicited from twelve (12) vendors and one (1) response was received. A panel of City employees evaluated the response and the evaluation score is attached. The RFP sought a firm to sell and distribute alcoholic and non-alcoholic beverages and concessions at the Civic Center, Julie Rogers Theatre and Jefferson Theatre. The contractor is responsible for maintaining all state and local licensing required for this service as well as insurance for the operation. The vendor is not allowed to sell tobacco or tobacco products. In August of 2015, Wow was assigned the remaining term of the contract between the City of Beaumont and Treat America. In accordance with the new contract, Wow is to pay the City a twenty percent (20%) commission for all alcohol and concession sales at the Civic Center, Julie Rogers Theatre and the Jefferson Theatre as well as those sales derived from any City -sponsored event such as July 4, Movie Nights, etc. The contract shall be in effect for a period of one (1) year and may be renewed for two (2) additional one (1) year periods. FUNDING SOURCE Revenues will be deposited in the General Fund. RECOMMENDATION Approval of resolution. Criteria Scoring Tab RFP Name: Concessions and Alcohol Services RFP Number: PF0116-06 RFP Opening Date: February 18, 2016 Maximum Vendor Wow Beaumont, Tx. Criteria Points Responsiveness to terms and conditions completeness and thoroughness of the proposal 20 14.5 Demonstrated application experience 20 20 Company Qualifications 20 20 Third Party Staffing 15 15 Pricing of Food and Alcohol 25 21 Total 100 90.5 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of a one (1) year contract, with an option to renew for two (2) additional one (1) year periods, to Wow Food Concepts, of Beaumont, Texas, for concession and alcohol services at the Civic Center, Julie Rogers Theatre and Jefferson Theatre. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of May, 2016. - Mayor Becky Ames - May 17, 2016 Consider an ordinance authorizing the suspension of the effective date of CenterPoint Energy's proposed rate increase until July 14, 2016 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: May 17, 2016 REQUESTED ACTION: Consider an ordinance authorizing the suspension of the effective date of CenterPoint Energy's proposed rate increase until July 14, 2016. BACKGROUND On March 31, 2016, CenterPoint Energy ("CenterPoint") filed with the City of Beaumont an annual Gas Reliability Infrastructure Program (GRIP) interim rate adjustment notice to increase gas rates in the Beaumont/East Texas Division Service Area. The City of Beaumont maintains exclusive original jurisdiction over the rates, operations and services of CenterPoint as a gas utility operating in the City of Beaumont. The requested increase would ordinarily go into effect sixty (60) days after giving notice of the intent to increase rates. This ordinance is a request to suspend the effective date of CenterPoint's proposed rate increase for a period of forty-five (45) days until July 14, 2016 in order to review the company's filings for compliance with the Gas Utility Regulatory Act and the company's last base rate case. The review of the company's GRIP filing is limited to a ministerial review of the filings for compliance with the Act. FUNDING SOURCE All reasonable expenses associated with rate cases are reimbursable by the company. RECOMMENDATION Approval of resolution. ORDINANCE NO. ORDINANCE OF THE CITY OF BEAUMONT, TEXAS SUSPENDING THE RATES PROPOSED BY CENTERPOINT ENERGY RESOURCES CORP., d/b/a CENTERPOINT ENERGY ENTEX AND CENTERPOINT ENERGY TEXAS GAS (`CENTERPOINT' OR "COMPANY') COMPANY'S GAS RELIABILITY INFRASTRUCTURE PROGRAM ('GRIP') FILING MADE WITH THE CITY ON MARCH 31, 2016; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT, AND DECLARING AN EFFECTIVE DATE. WHEREAS, on or about March 31, 2016, CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas ("CenterPoint' or "Company") filed an Annual GRIP adjustment for the Beaumont/East Texas Service Area with the City of Beaumont ('City') to increase gas rates in the Beaumont/East Texas Service Area pursuant to Gas Utility Regulatory Act, TEX. UTIL. CODE ('Gas Utility Regulatory Act') § 104.301; and; WHEREAS, the Company proposed an effective date of May 30, 2016, for the rate increase; and, WHEREAS, City has exclusive original jurisdiction over the rates, operations and services of a gas utility in areas in the municipality pursuant to Gas Utility Regulatory Act § 103.001; and, WHEREAS, Gas Utility Regulatory Act § 104.301 requires a streamlined process for the recovery of the costs of incremental investment by a gas utility; and WHEREAS, the City's reasonable cost for regulatory expenses in ratemaking proceedings shall be reimbursed by the gas utility under Gas Utility Regulatory Act § 103.022; and, WHEREAS, the City will join with other municipalities in a steering committee in order to coordinate the hiring and direction of counsel and/or consultants working on behalf of the steering committee and the City; and, WHEREAS, the City finds the need to suspend the effective date of CenterPoint's proposed rate increase for 45 days beyond the Company's proposed effective date until July 14, 2016 in order to review the Company's filing for compliance with Gas Utility Regulatory Act § 104.301; and, WHEREAS, the City's review of CenterPoint's GRIP filing is limited to a ministerial review of the filing for compliance with the statute; and, WHEREAS, the reasonableness of the Company's investment will be reviewed in CenterPoint's subsequent base rate case where all costs included in CenterPoint's GRIP filing will be subject to refund; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, THAT: Section 1. The statement and findings set out in the preamble to this ordinance are hereby in all things approved and adopted. Section 2. The effective date of the Company's proposed GRIP rate increase, and the proposed tariffs related thereto, are hereby suspended until July 14, 2016. Section 3. To the extent the City finds that the rates proposed by CenterPoint's filing comply with Gas Utility Regulatory Act § 104.301, then the rates will become effective by operation of law on July 14, 2016. Section 4. The City is authorized to join with other municipalities as part of the Beaumont/East Texas Division Steering Committee with the understanding that the steering committee will provide direction and guidance to the lawyers who are representing said cities. Section 5. The City employs The Lawton Law Firm, P.C. to represent the City with regard to the proposed rate increase of CenterPoint before local and state regulatory authorities and any court of law and authorizes counsel to employ such rate experts as are recommended by the Steering Committee. Section 6. The Steering Committee shall review the invoices of the lawyers and/or rate experts for reasonableness before submitting the invoices to CenterPoint for reimbursement. Section 7. CenterPoint shall reimburse the City, through the designated representative of the Steering Committee, for the reasonable costs of attorneys and consultant fees and expenses related thereto, upon the presentation of invoices reviewed by the Steering Committee. Section 8. The meeting at which the ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 9. This Ordinance shall become effective from and after its passage. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of May, 2016. - Mayor Becky Ames - ATTEST: