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PACKET SEP 27 2016TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 27, 2016 1:30 P.M. CONSENT AGENDA * Approval of minutes — September 20, 2016 * Confirmation of committee appointments A) Approve a one year contract with the Art Museum of Southeast Texas for FY 2017 B) Approve a one year contract with the Texas Energy Museum for FY 2017 C) Approve a one year contract with BUILD, Inc., Beaumont Main Street for FY 2017 D) Approve a one year contract with Beaumont Heritage Society/John Jay French, Museum for FY 2017 E) Approve a one year contract with the Southeast Texas Arts Council (SETAC) for FY 2017 F) Authorize the City Manager to execute a recyclable materials processing agreement with Waste Management G) Authorize the City Manager to execute an amended lease agreement with the Texas Energy Museum G7 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: September 27, 2016 REQUESTED ACTION: Council consider a resolution authorizing a one year contract with the Art Museum of Southeast Texas in the amount of $180,000 for FY 2017. BACKGROUND The City of Beaumont (City) and the Art Museum of Southeast Texas (AMSET) entered into a lease agreement on December 30, 1986 whereby the City and AMSET agreed to a 99 -year lease on the land and building to be used as an art museum. The City supports AMSET with annual allocations, major maintenance on the facility in accordance with the lease agreement, and garbage removal. In return, AMSET is open to the general public and strives to provide programs and services to the entire community. AMSET submitted all reports required by the FY 2016 agreement. FUNDING SOURCE $80,000 from the Hotel Occupancy Tax Fund and $100,000 from the General Fund. RECOMMENDATION Approval of the resolution. QUARTERLY REPORT ON USE OF HOTEL OCCUPANCY TAX FUNDS Please use this form to report the quarterly activity of your organization as it relates to your contract with the City of Beaumont for the use of Hotel Occupancy Tax (HOT) funds. Organization: Art Museum of Southeast Texas Report for the quarter ending December 31, 2015 (October — December 31, 2015) Total number of visitors in the reported quarter 10,474. Number of total visitors who were from out of town 242. Number of total visitors who indicated they stayed in a Beaumont hotel 80. (*Total number count = based on number of people who entered the museum during the reported quarter *Out of town & hotel visitors = based on guestbook sign -in sheet information provided by AMSET visitors) Additional information is required for individual programs directly funded with HOT funds. Please copy and use the following page for each individual program that occurred in the reporting quarter. Return completed report by the 20th of the month following the end of the quarter to: Todd Simoneaux Controller City of Beaumont P O Box 3827 Beaumont, TX 77704-3827 Fax: 409-880-3132 Email: tsimoneaux@ci.beaumont.tx.us Submitted by: John Rollins, Public Relations Coordinator Date: March 21. 2016 QUARTERLY REPORT ON USE OF HOT FUNDS Page 2 The following information is required for each program directly funded that occurred in the reporting quarter. Program name: Art Museum of Southeast Texas Exhibitions and Education Programs Provide actual numbers for the following: $ Total visitors/participants: 10,474 $ Visitors/participants who were from out of town: 242 $ Visitors/participants who indicated they stayed in a Beaumont hotel: 80 How did this program enhance the promotion of tourism and the convention and hotel industry in Beaumont? In the first quarter of the 2015-2016 fiscal year, AMSET hosted two exhibitions: Oma Feinstein: Now and Zen — Fifteen Years of Contemporary Printmakinq and Michael Kennauqh: Locus in Quo. Due to promotion of these exhibits, AMSET was able to bring tourism and hotel occupancy numbers to Beaumont during the first quarter. AMSET continues to draw in tourists and community members looking for the highest quality experience of art and culture in Southeast Texas. As an American Alliance of Museums (AAM) accredited museum and anchor in the ever-growing and vibrant downtown Beaumont area, AMSET plays a vital role in capturing the attention of tourists. AMSET attracts tourists to downtown Beaumont by enhancing culturalism both directly and indirectly. The institution has attracted attention from art connoisseurs on a statewide and national level. The benefits it provides to Southeast Texas are immeasurable to the local tourism industry. Identify marketing strategies that were used to stimulate tourism, convention and hotel activity. What was the population count, outside golden triangle, who were targeted by this strategy? AMSET reached a wide audience of museum goers through various advertising media for the first quarter of the 2015-2016 fiscal year. AMSET pursued various print and broadcast media, both local and out of town, for the exhibitions Oma Feinstein: Now and Zen and Michael Kennauqh: Locus in Quo. Local and out-of-town print and broadcast media promotional efforts included: 9/24/15, Cat5 Magazine, Pg. C20 -C21 10/26/15, 6:45, 7:45, 8:45 a.m. segments, KFDM 10/26/15,4:00 Show, KBMT 12 10/29/15, Noon Show, KBMT 12 Houston Press, Best of Houston 2015, September issue, Pg. 23 Off Ramp Magazine, Fall/Winter 2015 issue, Pg. 12 Events Book Magazine, September issue, Pg. 16 Texas Highways Magazine, September issue, Pg. 83 Additionally, facility acility rentals continue to add hotel room numbers to AMSET's count. Our facility rental department at AMSET is very aware of the importance of accurate hotel room counts for events such as weddings, receptions, parties, anniversaries, company dinners, meetings, etc. Through our questbook sign -in sheets, we are able to accurately and effectively keep track of out-of-town visitors who come to AMSET for facility rental events and exhibitions alike. During the first quarter of the 2015-2016 fiscal year, AMSET has had visitors from all over the world. International: Africa England France Japan Mexico Philippines Thailand National: Alabama, California, Colorado, Florida, Illinois, Kansas, Louisiana, Mississippi, Nebraska, Nevada, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Dakota, Virginia, Washington QUARTERLY REPORT ON USE OF HOTEL OCCUPANCY TAX FUNDS Please use this form to report the quarterly activity of your organization as it relates to your contract with the City of Beaumont for the use of Hotel Occupancy Tax (HOT) funds. Organization: Art Museum of Southeast Texas Report for the quarter ending March 31, 2016 (January — March 31, 2016). Total number of visitors in the reported quarter 9,560. Number of total visitors who were from out of town 186. Number of total visitors who indicated they stayed in a Beaumont hotel 73. (*Total number count = based on number of people who entered the museum during the reported quarter *Out of town & hotel visitors = based on guestbook sign -in sheet information provided by AMSET visitors) Additional information is required for individual programs directly funded with HOT funds. Please copy and use the following page for each individual program that occurred in the reporting quarter. Return completed report by the 20th of the month following the end of the quarter to: Todd Simoneaux Controller City of Beaumont P O Box 3827 Beaumont, TX 77704-3827 Fax: 409-880-3132 Email: tsimoneaux@ci.beaumont.tx.us Submitted by: John Rollins, Public Relations Coordinator Date: September 21, 2016 QUARTERLY REPORT ON USE OF HOT FUNDS Page 2 The following information is required for each program directly funded that occurred in the reporting quarter. Program name: Art Museum of Southeast Texas Exhibitions and Education Programs Provide actual numbers for the following: $ Total visitors/participants: 9,560 $ Visitors/participants who were from out of town: 186 $ Visitors/participants who indicated they stayed in a Beaumont hotel: 73 How did this program enhance the promotion of tourism and the convention and hotel industry in Beaumont? In the second quarter of the 2015-2016 fiscal year, AMSET hosted two exhibitions: HOT OFF THE PRESS: Recent Works from Flatbed and JOURNEY FROM WITHIN: Ceramics by Linnis Blanton. Due to promotion of these exhibits, AMSET was able to bring tourism and hotel occupancy numbers to Beaumont during the first quarter. AMSET continues to draw in tourists and community members looking for the highest quality experience of art and culture in Southeast Texas. As an American Alliance of Museums (AAM) accredited museum and anchor in the ever-growing and vibrant downtown Beaumont area, AMSET plays a vital role in capturing the attention of tourists. AMSET attracts tourists to downtown Beaumont by enhancing culturalism both directly and indirectly. The institution has attracted attention from art connoisseurs on a statewide and national level. The benefits it provides to Southeast Texas are immeasurable to the local tourism industry. Identify marketing strategies that were used to stimulate tourism, convention and hotel activity. What was the population count, outside golden triangle, who were targeted by this strategy? AMSET reached a wide audience of museum goers through various advertising media for the second quarter of the 2015-2016 fiscal year. AMSET pursued various print and broadcast media, both local and out of town, for the exhibitions HOT OFF THE PRESS and JOURNEY FROM WITHIN. Local and out-of-town print and broadcast media promotional efforts included: 2/9/16, Noon Show, KBMT 12 2/10/16, 4:00 Show, KBMT 12 2/11/16 7:50 & 8:20 a.m. radio segments, iHeartMedia 2/17/16 7:25 & 8:25 a.m. news segments, KFDM 6 2/18/16, News at Noon & SETX Live at 3 news segments, KFDM 6 Cats Magazine, December 31, 2015 issue, Pg. C16 Houston Press, Holiday Guide 2015, December issue, Pg. 28 Off Ramp Magazine, Spring/Summer 2016 issue, Pg. 30 Events Book Magazine, December 2015 issue, Pg. 22 Texas Highways Magazine, February issue, Pg. 81 ISSUE Magazine, December 2015 issue, Pg. 4 Additionally, facility rentals continue to add hotel room numbers to AMSET's count. Our facility rental department at AMSET is very aware of the importance of accurate hotel room counts for events such as weddings, receptions, parties, anniversaries, company dinners, meetings, etc. Through our questbook sign -in sheets, we are able to accurately and effectively keep track of out-of-town visitors who come to AMSET for facilitv rental events and exhibitions alike. During the second quarter of the 2015-2016 fiscal year, AMSET has had visitors from all over the world. International: Africa China England France Japan Mexico Netherlands Philippines Russia Thailand National: Alabama, Arkansas, California, Colorado, Connecticut, Florida, Idaho, Illinois, Indiana, Kansas, Louisiana, Mississippi, Missouri, Nebraska, Nevada, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Dakota, Virginia, Washington QUARTERLY REPORT ON USE OF HOTEL OCCUPANCY TAX FUNDS Please use this form to report the quarterly activity of your organization as it relates to your contract with the City of Beaumont for the use of Hotel Occupancy Tax (HOT) funds. Organization: Art Museum of Southeast Texas Report for the quarter ending June 30, 2016 (April — June 30, 2016). Total number of visitors in the reported quarter 11,796. Number of total visitors who were from out of town 251. Number of total visitors who indicated they stayed in a Beaumont hotel 80. (*Total number count = based on number of people who entered the museum during the reported quarter *Out of town & hotel visitors = based on guestbook sign -in sheet information provided by AMSET visitors) Additional information is required for individual programs directly funded with HOT funds. Please copy and use the following page for each individual program that occurred in the reporting quarter. Return completed report by the 20th of the month following the end of the quarter to: Todd Simoneaux Controller City of Beaumont P O Box 3827 Beaumont, TX 77704-3827 Fax: 409-880-3132 Email: tsimoneaux@ci.beaumont.tx.us Submitted by: John Rollins, Public Relations Coordinator Date: September 21, 2016 QUARTERLY REPORT ON USE OF HOT FUNDS Page 2 The following information is required for each program directly funded that occurred in the reporting quarter. Program name: Art Museum of Southeast Texas Exhibitions and Education Programs Provide actual numbers for the following: $ Total visitors/participants: 11,796 $ Visitors/participants who were from out of town: 251 $ Visitors/participants who indicated they stayed in a Beaumont hotel: 80 How did this program enhance the promotion of tourism and the convention and hotel industry in Beaumont? In the third quarter of the 2015-2016 fiscal year, AMSET hosted one exhibition: Birds in Art. Due to promotion of these exhibits, AMSET was able to bring tourism and hotel occupancy numbers to Beaumont during the first quarter. AMSET continues to draw in tourists and community members looking for the highest quality experience of art and culture in Southeast Texas. As an American Alliance of Museums (AAM) accredited museum and anchor in the ever-growing and vibrant downtown Beaumont area AMSET plays a vital role in capturing the attention of tourists. AMSET attracts tourists to downtown Beaumont by enhancing culturalism both directly and indirectly. The institution has attracted attention from art connoisseurs on a statewide and national level. The benefits it provides to Southeast Texas are immeasurable to the local tourism industry. Identify marketing strategies that were used to stimulate tourism, convention and hotel activity. What was the population count, outside golden triangle, who were targeted by this strategy? AMSET reached a wide audience of museum goers through various advertising media for the third quarter of the 2015-2016 fiscal year. AMSET pursued various print and broadcast media, both local and out of town for the exhibition Birds in Art. Local and out-of-town print and broadcast media promotional efforts included: 4/26/16, Radio Show w/ Joe Elwell 5/2/16, Radio Show w/ Shelly Vitanza 5/16/16, 7:25 & 8:25 a.m. news segments, KFDM 6 5/17/16, News at Noon & SETX Live at 3 news segments, KFDM 6 5/18/16, Noon Show, KBMT 12 3/16/16, Cat5 Magazine 3/3/16, Lamar University Press 3/13/16, The Examiner Additionally, facility rentals continue to add hotel room numbers to AMSET's count. Our facility rental department at AMSET is very aware of the importance of accurate hotel room counts for events such as weddings, receptions, parties, anniversaries, company dinners, meetings, etc. Through our questbook sign -in sheets, we are able to accurately and effectively keep track of out-of-town visitors who come to AMSET for facility rental events and exhibitions alike. During the third quarter of the 2015-2016 fiscal year, AMSET has had visitors from all over the world. International: Africa China England France Germany Mexico Nepal Netherlands Philippines Scotland National: Alabama, Arizona, Arkansas, California, Colorado, Florida, Illinois, Indiana, Kansas, Louisiana, Maryland, Massachusetts, Mississippi, Missouri, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Virginia, Washington RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a one-year financial assistance agreement, substantially in the form attached hereto as Exhibit "A," between the Art Museum of Southeast Texas (AMSET) and the City of Beaumont in the amount of $180,000 for FY 2017. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of September, 2016. - Mayor Becky Ames - AGREEMENT FOR THE OPERATION OF AN ART MUSEUM WHEREAS, the Art Museum of Southeast Texas, a Texas non-profit corporation, hereinafter referred to as "Museum", and the City of Beaumont, a municipal corporation of the State of Texas, hereinafter referred to as "City", agree as follows: City hereby hires and engages Museum to operate an art museum open to the public on the premises leased from the City and described in the lease between the parties dated December 30, 1986 and made a part hereof for all purposes (herein "the premises"). Museum agrees to accept such hiring and hereby agrees to operate such art museum. PA This agreement shall be for a term of one year commencing October 1, 2016. The City agrees to pay museum the sum of Forty -Five Thousand Dollars ($45,000) per quarter. Of the total annual sum of One -Hundred Eighty Thousand ($180,000) Dollars, Eighty Thousand ($80,000) Dollars will be derived from the Hotel Occupancy Tax authorized by Tax Code Section 351.001 et.seq. which requires that such funds be expended for arts and historical events or projects that directly enhance and promote tourism and the convention and hotel industry. 3. Expenditure of the Eighty Thousand ($80,000) Dollars from Hotel Occupancy Tax (HOT) funds shall be related to the purposes established by Tax Code Section 351.101(a)(4). EXHIBIT "A" a Funding under this contract will require that should a seminar be held during the term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds are made in compliance with the Act, a representative of the Museum will attend the seminar. 41 The Museum shall submit quarterly reports in the format provided by the City reflecting the activities of Museum as they relate to the HOT funds authorized in this contract. N City or Museum may terminate this Agreement for cause if either party defaults in the performance of any covenant or condition of this Agreement. Prior to such termination City or Museum must provide the other party with written notice of such default and if the party does not cure the default within fifteen (15) days after the giving of notice the party giving such notice may terminate the Agreement by written notice. 7. City shall allow Museum and its employees, volunteers, patrons and guests to use fifty (50) designated parking spaces in the City owned parking lot lying directly to the east across Main Street from the premises during periods of use of the premises. Otherwise such spaces may be used for City's Civic Center and theater event parking. In addition, the City shall provide free parking for buses transporting school children to the art museum. Said parking places to be as available and as directed by the City's Civic Center director at a site convenient to the Museum. Parking spaces on the premises shall be available for City's use during periods when the premises are not in actual use. The Museum agrees to indemnify, hold harmless and defend, at its own expense, the City of Beaumont and its officers, agents, servants and employees, from and against any and all claims, causes of action and damages of every kind arising out of or in conjunction with the execution, performance attempted performance or non- performance of this contract or from the operations and actions of the Art Museum of Southeast Texas (AMSET), its officers, agents and employees and specifically including herein any and all acts of negligence by the City of Beaumont, its agents, officers or employees carried out under the terms of this agreement. IN WITNESS, WHEREOF City and Museum have executed or caused to be executed by their authorized officers or agents this Agreement on the day of , 2016. CITY OF BEAUMONT ART MUSEUM OF SOUTHEAST TEXAS go Kyle Hayes City Manager ATTEST: By: City Clerk By: Name Title: ATTEST: By: Name: Title: 700_.� TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officert) MEETING DATE: September 27, 2016 REQUESTED ACTION: Council consider a resolution authorizing a one year contract with the Texas Energy Museum in the amount of $95,000 for FY 2017. .T C"MI 11Wt] The City is entitled to utilize revenues derived from the hotel -motel occupancy tax for historic preservation and the promotion of tourism. The Texas Energy Museum meets the above criteria by highlighting the history, along with current developments, of the oil industry in the Southeast Texas region. All required reports were submitted for FY 2016. FUNDING SOURCE Hotel Occupancy Tax Fund. RECOMMENDATION Approval of the resolution. TEXAS ENERGY MUSEUM QUARTERLY REPORT TO THE CITY OF BEAUMONT FOR THE PERIOD OCTOBER 1 TO DECEMBER 31, 2015 January 15, 2016 Attendance Statistics Tourism During the fourth quarter 2015, visitors were recorded from the following states in addition to Texas: California, Colorado, Connecticut, Florida, Georgia, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Missouri, Nebraska, New Jersey, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, South Dakota, and Virginia. Visitors were recorded from the following foreign countries: Canada, Germany, Pakistan, and Sweden. Projzrams, Exhibitions & Projects Educational programs presented for Goose Creek High School (Baytown); Lamar University Physical Geology class; Spindletop Center MHMR; Erhart Academy (Beaumont); Veritas Academy (Beaumont). Dinosaur Day, twenty-third annual outdoor event of dinosaur and fossil activities, on October 31, hosted over 500 persons despite rain. Sponsored by ExxonMobil that also provided several volunteers. Continued participation and collaboration with Lamar University and Lumberton High School. Downtown Museums Children's Holiday Parry, with record attendance of 1500, was held on December 3. Sponsored by Flint Hills Resources; four volunteers from Flint Hills helped children decorate toy bears. Hosted Texas Land and Mineral Owners Association, October 20. Hosted Convention & Visitors Bureau Destination Training Tour, May 6. Received $2,500 grant from BBVA Compass Bank for 2016 Science Education Programs. Participated with Beaumont Rotary Club board; Beaumont Convention & Visitors Bureau Advisory Council; and Edison Museum board. Jan - Mar Apr — June July — Sept Oct - Dec Year Paid Visitors 609 559 769 338 2,275 No Charge (Programs) 409 2,077 524 2,207 5,217 TOTAL ACTIVITY 1,018 2,636 1,293 2,545 7,492 Tourism During the fourth quarter 2015, visitors were recorded from the following states in addition to Texas: California, Colorado, Connecticut, Florida, Georgia, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Missouri, Nebraska, New Jersey, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, South Dakota, and Virginia. Visitors were recorded from the following foreign countries: Canada, Germany, Pakistan, and Sweden. Projzrams, Exhibitions & Projects Educational programs presented for Goose Creek High School (Baytown); Lamar University Physical Geology class; Spindletop Center MHMR; Erhart Academy (Beaumont); Veritas Academy (Beaumont). Dinosaur Day, twenty-third annual outdoor event of dinosaur and fossil activities, on October 31, hosted over 500 persons despite rain. Sponsored by ExxonMobil that also provided several volunteers. Continued participation and collaboration with Lamar University and Lumberton High School. Downtown Museums Children's Holiday Parry, with record attendance of 1500, was held on December 3. Sponsored by Flint Hills Resources; four volunteers from Flint Hills helped children decorate toy bears. Hosted Texas Land and Mineral Owners Association, October 20. Hosted Convention & Visitors Bureau Destination Training Tour, May 6. Received $2,500 grant from BBVA Compass Bank for 2016 Science Education Programs. Participated with Beaumont Rotary Club board; Beaumont Convention & Visitors Bureau Advisory Council; and Edison Museum board. QUARTERLY REPORT ON USE OF HOTEL OCCUPANCY TAX FUNDS Please use this form to report the quarterly activity of your organization as it relates to your contract with the City of Beaumont for the use of Hotel Occupancy Tax (HOT) funds. Organization: Texas Energy Museum Report for the quarter ending December 2015 Total number of visitors in the reported quarter: 2,545 Number of total visitors who were from out of town: 300 Number of total visitors who indicated they stayed in a Beaumont hotel: 104 room -nights * Additional information is required for individual programs directly funded with HOT funds. Please copy and use the following page for each individual program that occurred in the reporting quarter. Return completed report by the 20th of the month following the end of the quarter to: Budget Officer City of Beaumont PO Box 3827 Beaumont, TX 77704-3827 Submitted by: D. Ryan Smith, Executive Director *This number is derived from a lobby register voluntarily signed by visitors. Due to privacy issues, many visitors do not wish to sign nor acknowledge that they are staying in a hotel. A new registration method was initiated in April 2013 that does not request visitor's names, but only city & state (or foreign country) of residence. Although the total is adjusted for multiple persons and multiple room nights, the reported number of room nights may be under -represented. TEXAS ENERGY MUSEUM QUARTERLY REPORT TO THE CITY OF BEAUMONT FOR THE PERIOD JANUARY 1 TO MARCH 31, 2016 April 15; 2016 Attendance Statistics Tm iri sm During the first quarter 2016, visitors were recorded from the following states in addition to Texas: Alaska, California, Colorado, Connecticut, Florida, Georgia, Illinois, Indiana, Iowa, Louisiana, Maryland, Michigan, Minnesota, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, Ohio, Oregon, Pennsylvania, Tennessee, Utah, Virginia, Washington, West Virginia, and Wisconsin Visitors were recorded from the following foreign countries: Austria, Belgium, Bulgaria, Canada, Croatia, England, Germany, Mexico, Netherlands, Puerto Rico, and Ukraine. Programs, Exhibitions & Projects Educational programs presented for Grace Home School (Beaumont); All Saints Episcopal School (Beaumont); Lumberton Early Childhood Center; St. Mary's Catholic School (Orange); Hardin Jefferson High School (Sour Lake). Presented Van de Graaff education programs for children with the Diocese of Beaumont Hispanic Conference, Saturday, March 19. Museum featured on Texas Country Reporter, statewide, January 23 & 24. Interviewed with KVLU featured non-profit program, March 2. Interviewed with radio program with the Jewish Historical Society Conference, April 1. Presented tour for annual convention of Texas Association of Convention and Visitor Bureaus, January 19. Participated in Beaumont Convention & Visitors Bureau Hall of Fame program, February 11. ticipated as member in meetings of Beaumont Rotary board, Beaumont Convention itors Bureau advisory council; and Edison Museum board. Jan - Mar Apr — June July — Sept Oct - Dec Year Paid Visitors 475 No Charge ograms) 1,055 TOTAL ACTIVITY 1,530 Tm iri sm During the first quarter 2016, visitors were recorded from the following states in addition to Texas: Alaska, California, Colorado, Connecticut, Florida, Georgia, Illinois, Indiana, Iowa, Louisiana, Maryland, Michigan, Minnesota, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, Ohio, Oregon, Pennsylvania, Tennessee, Utah, Virginia, Washington, West Virginia, and Wisconsin Visitors were recorded from the following foreign countries: Austria, Belgium, Bulgaria, Canada, Croatia, England, Germany, Mexico, Netherlands, Puerto Rico, and Ukraine. Programs, Exhibitions & Projects Educational programs presented for Grace Home School (Beaumont); All Saints Episcopal School (Beaumont); Lumberton Early Childhood Center; St. Mary's Catholic School (Orange); Hardin Jefferson High School (Sour Lake). Presented Van de Graaff education programs for children with the Diocese of Beaumont Hispanic Conference, Saturday, March 19. Museum featured on Texas Country Reporter, statewide, January 23 & 24. Interviewed with KVLU featured non-profit program, March 2. Interviewed with radio program with the Jewish Historical Society Conference, April 1. Presented tour for annual convention of Texas Association of Convention and Visitor Bureaus, January 19. Participated in Beaumont Convention & Visitors Bureau Hall of Fame program, February 11. ticipated as member in meetings of Beaumont Rotary board, Beaumont Convention itors Bureau advisory council; and Edison Museum board. QUARTERLY REPORT ON USE OF HOTEL OCCUPANCY TAX FUNDS Please use this form to report the quarterly activity of your organization as it relates to your contract with the City of Beaumont for the use of Hotel Occupancy Tax (HOT) funds. Organization: Texas Energy Museum Report for the quarter ending March 2016 Total number of visitors in the reported quarter: 1,530 Number of total visitors who were from out of town: 500 Number of total visitors who indicated they stayed in a Beaumont hotel: 120 room -nights * Additional information is required for individual programs directly funded with HOT funds. Please copy and use the following page for each individual program that occurred in the reporting quarter. Return completed report by the 20th of the month following the end of the quarter to: Budget Officer City of Beaumont PO Box 3827 Beaumont, TX 77704-3827 Submitted by: D. Ryan Smith, Executive Director *This number is derived from a lobby register voluntarily signed by visitors. Due to privacy issues, many visitors do not wish to sign nor acknowledge that they are staying in a hotel. A new registration method was initiated in April 2013 that does not request visitor's names, but only city & state (or foreign country) of residence. Although the total is adjusted for multiple persons and multiple room nights, the reported number of room nights may be under -represented. TEXAS ENERGY MUSEUM QUARTERLY REPORT TO THE CITY OF BEAUMONT FOR THE PERIOD APRIL 1 TO JUNE 30, 2016 August 30, 2016 Attendance Statistics Tourism During the second quarter 2016, visitors were recorded from the following states in addition to Texas: Alabama, Arizona, Arkansas, California, District of Columbia, Florida, Illinois, Indiana, Kentucky, Louisiana, Michigan, Mississippi, Montana, Nebraska, Nevada, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, Tennessee, Utah, and Washington. Visitors were recorded from the following foreign countries: Angola, Brazil, Canada, Columbia, Cyprus, France, Germany, Great Britain, India, Mexico, New Zealand, Norway, Panama, Russia, Scotland, and Turkey. Programs, Exhibitions & Projects Educational programs presented for Highland Park Elementary (Nederland); Thomas Jefferson Middle School (Port Arthur); Harmony Academy (Beaumont); Roy Guess Elementary (Beaumont); Barber's Hill Middle School (Baytown); Hamshire Fannett Elementary (Fannett); Hillcrest Elementary (Nederland); Kid's Harbor Learning Center (Groves); Spindletop MHMR (Beaumont). Science Day program presented at Lucas PreK Center, April 22. Bubble Day presented for All Saints Episcopal School, May 17. Science Night program presented at Hamshire Fannett Elementary, May 19. Bubble Day presented with Beaumont Public Library at Davis Community Center, June 16. Participated with Beaumont Rotary Club board; Beaumont Convention & Visitors Bureau advisory council; and Edison Museum board. "Experimenting with Balance", Summer Science for Kids interactive exhibit, opened June 7. Jan - Mar Apr — June July — Sept Oct - Dec Year Paid Visitors 475 576 No Charge (Programs) 1,055 1,156 TOTAL ACTIVITY 1,530 1,732 Tourism During the second quarter 2016, visitors were recorded from the following states in addition to Texas: Alabama, Arizona, Arkansas, California, District of Columbia, Florida, Illinois, Indiana, Kentucky, Louisiana, Michigan, Mississippi, Montana, Nebraska, Nevada, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, Tennessee, Utah, and Washington. Visitors were recorded from the following foreign countries: Angola, Brazil, Canada, Columbia, Cyprus, France, Germany, Great Britain, India, Mexico, New Zealand, Norway, Panama, Russia, Scotland, and Turkey. Programs, Exhibitions & Projects Educational programs presented for Highland Park Elementary (Nederland); Thomas Jefferson Middle School (Port Arthur); Harmony Academy (Beaumont); Roy Guess Elementary (Beaumont); Barber's Hill Middle School (Baytown); Hamshire Fannett Elementary (Fannett); Hillcrest Elementary (Nederland); Kid's Harbor Learning Center (Groves); Spindletop MHMR (Beaumont). Science Day program presented at Lucas PreK Center, April 22. Bubble Day presented for All Saints Episcopal School, May 17. Science Night program presented at Hamshire Fannett Elementary, May 19. Bubble Day presented with Beaumont Public Library at Davis Community Center, June 16. Participated with Beaumont Rotary Club board; Beaumont Convention & Visitors Bureau advisory council; and Edison Museum board. "Experimenting with Balance", Summer Science for Kids interactive exhibit, opened June 7. QUARTERLY REPORT ON USE OF HOTEL OCCUPANCY TAX FUNDS Please use this form to report the quarterly activity of your organization as it relates to your contract with the City of Beaumont for the use of Hotel Occupancy Tax (HOT) funds. Organization: Texas Energy Museum Report for the quarter ending June 2016 Total number of visitors in the reported quarter: 1,732 Number of total visitors who were from out of town: 500 Number of total visitors who indicated they stayed in a Beaumont hotel: 164 room -nights * Additional information is required for individual programs directly funded with HOT funds. Please copy and use the following page for each individual program that occurred in the reporting quarter. Return completed report by the 20th of the month following the end of the quarter to: Budget Officer City of Beaumont PO Box 3827 Beaumont, TX 77704-3827 Submitted by: D. Ryan Smith, Executive Director *This number is derived from a lobby register voluntarily signed by visitors. Due to privacy issues, many visitors do not wish to sign nor acknowledge that they are staying in a hotel. A new registration method was initiated in April 2013 that does not request visitor's names, but only city & state (or foreign country) of residence. Although the total is adjusted for multiple persons and multiple room nights, the reported number of room nights may be under -represented. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a one-year financial assistance agreement, substantially in the form attached hereto as Exhibit "A," between the Texas Energy Museum and the City of Beaumont in the amount of $95,000 for FY 2017. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of September, 2016. - Mayor Becky Ames - STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This agreement between the City of Beaumont, a municipal corporation, herein called "City", and the Texas Energy Museum, herein called "TEM", is as follows: WITNESSETH: WHEREAS, V.T.C.A., Tax Code Section 351.001 et.seq., authorizes the City to levy by ordinance, a hotel tax which may not exceed seven percent (7%) of the consideration paid by a hotel occupant; and WHEREAS, V.T.C.A. Tax Code Section 351.101 (a)(5), authorizes the City to use a portion of the revenues derived from its hotel occupancy tax for historical restoration and preservation projects or activities or advertising and conducting solicitation and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums at or in the immediate vicinity of convention center facilities or located elsewhere in the municipality or its vicinity that would be frequented by tourists; and, for projects that directly enhance and promote tourism and convention activities. WHEREAS, under the authority of V.T.C.A. Tax Code Section 351.101(a)(5), the City desires to provide financial assistance to TEM. NOW, THEREFORE, the City and TEM agree as follows: 1. City agrees to pay to TEM the amount of Ninety -Five Thousand ($95,000) Dollars. The payment provided for herein will be made quarterly in the amount of Twenty -Three Thousand Seven -Hundred ($23,750) Dollars per quarter commencing October 1, 2016 from funds as available and collected from the hotel occupancy tax. EXHIBIT "A" Any funds not expended by TEM will be retained by TEM to be reallocated for similar purposes by approval of City. 2. All expenditure of funds shall be reasonably related to the purposes established by V.T.C.A. Tax Code Section 351.101(a)(5). 3. The TEM is an independent contractor and is not an officer, agent or employee of the City. 4. In return for the payments provided for herein, TEM agrees to operate for the period October 1, 2016 to September 30, 2017. 5. The TEM shall submit quarterly reports in the format provided by the City reflecting the activities of TEM as they relate to this contract. The TEM shall submit such reports quarterly commencing January 15, 2017. 6. The City Manager of City or his designated representative shall, upon reasonable notice, have the right to inspect all books and records of the TEM. 7. Upon termination of this agreement or any extension thereof, unless it be renewed, the TEM shall deliver to the City all funds paid under this contract that it may have and all removable personal property that may have been purchased with funds derived from said tax. 8. Funding under this contract will require that should a seminar be held during the term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds are made in compliance with the Act, a representative of TEM will attend the seminar. 9. TEM agrees to indemnify, save harmless, and defend the City of Beaumont from any and all claims, causes of action and damages of every kind arising from the operations of TEM, its officers, agents and employees, including the officers, agents, and employees involved in TEM operation and specifically including herein any and all acts of negligence by the City of Beaumont, its agents, officers or employees, carried out under the terms of this agreement. EXECUTED this the day of 2016. CITY OF BEAUMONT Kyle Hayes City Manager ATTEST: City Clerk TEXAS ENERGY MUSEUM, INC. Name: Title: ATTEST: Name: Title: 5q BEAUMONT MOW:0:1P TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: September 27, 2016 REQUESTED ACTION: Council consider a resolution authorizing a one year contract with BUILD, Inc., Beaumont Main Street in the amount of $75,000 for FY 2017. BACKGROUND The Beaumont Main Street program has established a partnership between public and private sectors that is dedicated to the revitalization of Beaumont's historic Central Business District. The annual contribution from the City will be matched with other local funds and used to promote downtown business development and retention. FUNDING SOURCE General Fund. 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 one-year financial assistance agreement, substantially in the form attached hereto as Exhibit "A," between BUILD, Inc., Beaumont Main Street and the City of Beaumont in the amount of $75,000 for FY 2017. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of September, 2016. - Mayor Becky Ames - STATE OF TEXAS § COUNTY OF JEFFERSON § This agreement is made and entered into by and between the City of Beaumont, Texas, a municipal corporation of the State of Texas, hereinafter called "City", acting herein by and through its duly authorized City Manager, and BUILD, Inc., Beaumont Main Street, a non-profit corporation, hereinafter called "BUILD", acting herein by and through its President. WHEREAS, the City believes that economic development and downtown revitalization are crucial to the continued economic success of City and believes that BUILD should be retained to carry out a program of work on behalf of City to accomplish these goals; NOW, THEREFORE, in consideration of the mutual promises made herein, the City and BUILD agree as follows: STATEMENT OF WORK City does hereby enter into a contract with BUILD to provide a comprehensive range of plans and projects in Beaumont directed at economic development and downtown revitalization by: a) promoting the physical and social development, redevelopment and economic well being of downtown Beaumont; b) creating an environment in the downtown area which is conducive to residential, commercial, employment, recreational and cultural -artistic revitalization; C) attracting new employers; EXHIBIT "A" d) complying with all provisions of the Contract for Services - Urban Main Street program between BUILD and the Texas Historical Commission. COMPENSATION City hereby agrees to pay to BUILD during the term of this agreement Seventy- five Thousand Dollars ($75,000) from the City's General Fund. BUILD agrees to raise at least Seventy -Five Thousand ($75,000) in additional funding from the private sector to match the City's financial commitment. DISBURSEMENT Payment to BUILD will be made on a reimbursement basis and those payments will be supported by proper verifiable documentation. RECORDS AND REPORTS BUILD shall submit quarterly reports in the format provided by the City reflecting their activity as they relate to this contract. BUILD shall submit such reports quarterly commencing January 15, 2017. SUSPENSION AND TERMINATION The term of this agreement will be October 1, 2016, through September 30, 2017. Suspension and/or termination may occur if BUILD fails to comply with any or all provisions of this agreement or for convenience. INDEPENDENT CONTRACTOR BUILD is an independent contractor and is not an officer, agent, or employee of the CITY. ACCESSIBILITY OF RECORDS The City retains the right to inspect and/or audit the records of BUILD, Inc. as they consider necessary to assure compliance with this agreement. LOSS, DAMAGE, PERSONAL INJURY BUILD agrees to indemnify, hold harmless and defend, at its own expense, the City of Beaumont and its officers, agents, servants and employees, from and against any and all claims, causes of action and damages of every kind arising out of or in conjunction with the execution, performance attempted performance or non- performance of this contract or from the operations and actions of BUILD, Inc., its officers, agents and employees and specifically including herein any and all acts of negligence by the City of Beaumont, its agents, officers or employees carried out under the terms of this agreement. EXECUTED in duplicate originals this the day of CITY OF BEAUMONT City Manager "CITY" ATTEST: By: City Clerk BUILD, INC. BEAUMONT MAIN STREET Executive Director "BUILD" , 2016. ATTEST: By: _ Name: Title BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officert) MEETING DATE: September 27, 2016 REQUESTED ACTION: Council consider a resolution authorizing a one year contract with Beaumont Heritage Society/John Jay French Museum in the amount of $47,000 for FY 2017. BACKGROUND The City of Beaumont is entitled to utilize revenues derived from the hotel -motel occupancy tax for historic preservation and the promotion of tourism. John J. French, an early settler in Beaumont, built the Greek Revival home which has been faithfully restored. The home contains furniture and fixtures from the mid 19t` century and is a tourist attraction for our city. The Beaumont Heritage Society submitted all required reports for FY 2016. FUNDING SOURCE Hotel Occupancy Tax Fund. RECOMMENDATION Approval of the resolution. 01/12/2016 10:06 4098324010 BHS #2598 P.002/002 QUARTERLY REPORT ON USE OF HOTEL OCCUPANCY TAX FUNDS Please use this form to report the quarterly activity of your organization as it relates to your contract with the City of Beaumont for the use of Hotel Occupancy Tax (HOT) funds. Organization: Beaumont .Heritage Society. Report for the quarter ending December 2015. Total number of visitors in the reported quarter: 631. Number of total visitors who were from out of town: 102. Number of total visitors who indicated they stayed in a Beaumont hotel: 29. Additional information is required for individual programs directly funded with HOT funds. Please copy and use the following page for each individual program that occurred in the reporting quarter. Return completed report by the 20th of the month following the end of the quarter to: Laura Clark Budget Officer City of Beaumont P O Box 3827 Beaumont, TK 77704-3827 G Submitted by: Alicia McKibbin — Executive Director Date: January 12, 2016 09/21/2018 14:04 4098324010 BHS #2740 P.002/002 QUARTERLY REPORT ON USE OF HOTEL OCCUPANCY TAX FUNDS Please use this form to report the quarterly activity of your organization as it relates to your contract with the City of Beaumont for the use of Hotel Occupancy Tax (HOT) funds. Organization: Beaumont Heritage Society. Report for the quarter ending March 2016. Total number of visitors in the reported quarter: 929. Number of total visitors who were from out of town: 399. Number of total visitors who indicated they stayed in a Beaumont hotel: 33. Additional information is required for individual programs directly funded with HOT funds. Please copy and use the following page for each individual program that occurred in the reporting quarter. Return completed report by the 20th of the month following the end of the quarter to: Laura Clark Budget Officer City of Beaumont P O Box 3827 Beaumont, TX 77704-3827 Submitted by: Alicia McKibbin — Executive Director Date: April 12, 2016 07/13/2016 09:49 4098324010 BHS #2682 P.002/002 QUARTERLY REPORT ON USE OF HOTEL OCCUPANCY TAX FUNDS Please use this form to report the quarterly activity of your organization as it relates to your contract with the City of Beaumont for the use of Hotel Occupancy Tax (HOT) funds. Organization: Beaumont Heritage Societ Report for the quarter ending June 2016. Total number of visitors in the reported quarter: 387. Number of total visitors who were from out of town: 71. Number of total visitors who indicated they stayed in a Beaumont hotel: 24. Additional information is required for individual programs directly funded with HOT funds. Please copy and use the following page for each individual program that occurred in the reporting quarter. Return completed report by the 2Dth of the month following the end of the quarter to: Laura Clark Budget Officer City of Beaumont P O Box 8827 Beaumont, TX 77704-3827 Submitted by: Alicia McKibbin — Executive Director Date: July 11, 2016 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a one-year financial assistance agreement, substantially in the form attached hereto as Exhibit "A," between the Beaumont Heritage Society/John Jay French Museum and the City of Beaumont in the amount of $47,000 for FY 2017. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of September, 2016. - Mayor Becky Ames - STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This agreement between the City of Beaumont, a municipal corporation, herein called "City", and the Beaumont Heritage Society operating the John J. French Museum, herein called "Museum", is as follows: WITNESSETH: WHEREAS, V.T.C.A., Tax Code Section 351.001 et.seq., authorizes the City to levy by ordinance, a hotel tax which may not exceed seven percent (7%) of the consideration paid by a hotel occupant; and WHEREAS, V.T.C.A. Tax Code Section 351.101 (a)(5), authorizes the City to use a portion of the revenues derived from its hotel occupancy tax "for historical restoration and preservation projects or activities or advertising and conducting solicitation and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums at or in the immediate vicinity of convention center facilities or located elsewhere in the municipality or its vicinity that would be frequented by tourists; and," WHEREAS, under the authority of V.T.C.A. Tax Code Section 351.101(a)(5), the City desires to provide financial assistance to Museum for historical restoration, preservation, and tourism in Beaumont: Page 1 EXHIBIT "A" NOW, THEREFORE, the City and Museum agree as follows. - 1 - ollows: 1. City agrees to pay to Museum the amount of Forty -Seven Thousand ($47,000) Dollars. The payment provided for herein will be made quarterly in the amount of Eleven Thousand Seven Hundred and Fifty Dollars ($11,750) per quarter commencing October 1, 2016 from funds as available and collected from the hotel occupancy tax. Any funds not expended by Museum will be retained by Museum to be reallocated for similar purposes by approval of City. 2. All expenditure of funds shall be reasonably related to the purposes established by V.T.C.A. Tax Code Section 351.101(a)(5). 3. The Museum is an independent contractor and is not an officer, agent or employee of the City. 4. In return for the payments provided for herein, Museum agrees to operate for the period October 1, 2016 to September 30, 2017. 5. The Museum shall submit quarterly reports in the format provided by the City reflecting the activities of the Museum as they relate to this contract. The Museum shall submit such reports quarterly commencing January 15, 2017. 6. The City Manager of City or his designated representative shall, upon reasonable notice, have the right to inspect all books and records of the Museum. Page 2 7. Upon termination of this agreement or any extension thereof, unless it be renewed, the Museum shall deliver to the City all funds paid under this contract that it may have and all removable personal property that may have been purchased with funds derived from said tax. 8. Funding under this contract will require that should a seminar be held during the term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds are made in compliance with the Act, a representative of the Museum will attend the seminar. 9. The Beaumont Heritage Society agrees to indemnify, hold harmless and defend, at its own expense, the City of Beaumont and its officers, agents, servants and employees, from and against any and all claims, causes of action and damages of every kind arising out of or in conjunction with the execution, performance, attempted performance or nonperformance of this contract or from the operations and actions of the Beaumont Heritage Society/John Jay French Museum, its officers, agents and employees and specifically including herein any and all acts of negligence by the City of Beaumont, its agents, officers or employees, carried out under the terms of this agreement. Page 3 EXECUTED this the day of , 2016. ATTEST: City Clerk ATTEST: By: Name: Title: CITY OF BEAUMONT Kyle Hayes City Manager BEAUMONT HERITAGE SOCIETY By: _ Name: Title: Page 4 E TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: September 27, 2016 REQUESTED ACTION: Council consider a resolution authorizing a one year contract with the Southeast Texas Arts Council (SETAC) in the amount of $50,000 for FY 2017. IVIO X118) I01 The City is entitled to utilize revenues derived from the hotel -motel occupancy tax to promote the arts. The city provides funding to SETAC to offset a portion of the production of the magazine "Off Ramp" highlighting local events and "Tear Off' Attraction Maps for distribution to hotels. Funds are also provided to SETAC as a flow-through to other programs and exhibitions that bring artists to the area and promote the rich musical heritage of the area. SETAC ensures Hotel Occupancy Tax funds are used appropriately by the receiver programs and exhibitions. Remaining funds are used for operating expenses. SETAC submitted all of the required reports for FY 2016. FUNDING SOURCE Hotel Occupancy Tax Fund. RECOMMENDATION Approval of the resolution. 1:41 PM Ch... Southeast Texas Arts Council 01/05/16 Ch... Account QuickReport 1022000 Ch... October through December 2015 Type Date Num Name Memo 8085000 . OffRamp Expenses 8085001 • OffRamp Magazine Graphics Ch... Check 12/18/2015 8778 Capital One Bank Total 8085001 - OffRamp Magazine Graphics 8085005 • OffRamp Salaries 5,447.52 Paycheck 10/01/2015 2456 Blake I Bertrand Paycheck 10/15/2015 2457 Blake I Bertrand Paycheck 11/01/2015 2458 Blake I Bertrand Paycheck 11/17/2015 2459 Blake I Bertrand Paycheck 11/24/2015 2460 Blake I Bertrand Paycheck 12/01/2015 2461 Blake I Bertrand Paycheck 12/17/2015 2462 Blake I Bertrand Total 8085005 - OffRamp Salaries Total 8085000 - OffRamp Expenses TOTAL Split Amount 1020000 • Ch... 29.00 29.00 1022000 Ch... 907.92 1022000 Ch... 907.92 1022000 Ch... 907.92 1022000 Ch... 907.92 1022000 Ch... 1022000 Ch... 907.92 1022000- Ch... 907.92 5,447.52 5,476.52 5,476.52 Page 1 4:16 PM Southeast Texas Arts Council 09/22/16 Account QuickReport January through March 2016 Type Date Num Name Memo Split Amount 8085000 • OffRamp Expenses 8085003 - Printing Off Ramp Magazine Check 02122/2016 2492 Omni Media Partner... Invoice #1512 1022000 • Che... 7,532.19 Total 8085003 - Printing Off Ramp Magazine 7,532.19 8085005 • OffRamp Salaries Paycheck 01/04/2016 2463 Blake I Bertrand 1022000 • Che... 907.92 Paycheck 01/15/2016 2464 Blake I Bertrand 1022000 • Che... 907.92 Paycheck 02/01/2016 2468 Blake I Bertrand 1022000 • Che... 907.92 Paycheck 02/12/2016 2469 Blake I Bertrand 1022000 • Che... 907.92 Paycheck 03/01/2016 2472 Blake I Bertrand 1022000 • Che... 907.92 Paycheck 03/16/2016 2473 Blake I Bertrand 1022000 • Che... 907.92 Total 8085005 • OffRamp Salaries 5,447.52 808512 • Off Ramp Distribution Check 01/25/2016 2465 Certified Folder Disp... Off Ramp Spri... 1022000 • Che... 3,997.50 Total 808512 • Off Ramp Distribution 3,997.50 Total 8085000 - OffRamp Expenses 16,977.21 `16,977.21 TOTAL Page 1 4:18 PM Southeast Texas Arts Council 09/22/16 Account QuickReport January through March 2016 ' Type Date Num Name Memo Split Amount 8000000 • Administrative Expenses 8017000 - Bank Charges Check 01/31/2016 Service Charge 1021000 Che... 35.79 Check 02/29/2016 Service Charge 1021000 Che... 36.83 Check 02/29/2016 8801 Capital One Bank Finance Charge 1020000 • Che... 3,18 Check 03/31/2016 8821 Capital One Bank Finance Charge 1020000 • Che... 2.50 Check 03/31/2016 Service Charge 1021000 • Che... 35.87 Total 8017000 • Bank Charges 114.17 8030000 • Dues & Subscriptions Check 03/31/2016 8820 Southeast Texas No... Annual Memb... 1020000 • Che.,. 150.00 Total 8030000 • Dues & Subscriptions 150.00 8035000 - Equipment 8035035 • Maintenance Check 02/22/2016 8806 Computer Pro Changed out ... 1020000- Che --- 130.00 Check 02/29/2016 8801 Capital One Bank Computer Pro 1020000 • Che... 120.00 Total 8035035 • Maintenance 250.00 8035000 • Equipment - Other Check 01/25/2016 8790 Capital One Bank Computer Re... 1020000 - Che... 250.00 Check 03/29/2016 8816 Computer Pro New Computer 1020000 • Che... 620.00 Total 8035000 - Equipment - Other 870.00 - ........ ..... _.__ Total 8035000 • Equipment 1,120.00 8040000• Insurance 8044000 • Workman's Compensation Check 01/07/2016 8786 First Comp Workers Com... 1020000 - Che... 423.00 Total 8044000 • Workman's Compensation 423.00 Total 8040000 • Insurance 423.00 8041500 . Internet Check 02/03/2016 8794 Bray Industries Web Hosting 1020000 • Che... 40.00 Total 8041500 • Internet 40.00 8052000 - Office Supplies 8052100 - General Supplies Check 02/22/2016 ACH Harland Clarke Depositi Slip ... 1020000 • Che... 55.00 Total 8052100 • General Supplies 55.00 8052400 - Software Check 03/31/2016 8821 Capital One Bank Carbonite Re... 1020000 • Che... 63.95 Total 8052400 • Software 63.95 8052000 • Office Supplies - Other Check 02/29/2016 8801 Capital One Bank Office Supplies 1020000 - Che... 48.97 Check 03/31/2016 8821 Capital One Bank 1020000 • Che... 28.12 Total 8052000 - Office Supplies - Other 77.09 Total 8052000 • Office Supplies 196.04 8057000 - Payroll Taxes 8057031 • Fica Paycheck 01/04/2016 2463 Blake I Bertrand 1022000 - Che... 56.29 Paycheck 01/04/2016 8782 Susan K Bard 1020000 • Che... 116.25 Paycheck 01/15/2016 8787 Susan K Bard 1020000 • Che... 116.25 Paycheck 01/15/2016 2464 Blake I Bertrand 1022000 • Che... 56.29 Paycheck 02/01/2016 2468 Blake I Bertrand 1022000 • Che... 56.29 Paycheck 02/01/2016 8791 Susan K Bard 1020000- Che... 116.25 Paycheck 02/12/2016 8800 Susan K Bard 1020000 • Che... 116.25 Paycheck 02/12/2016 2469 Blake I Bertrand 1022000- Che... 56.29 Page 1 4:18 PM Southeast Texas Arts Council 09/22/16 Account QuickReport January through March 2016 Type Date Num Name Memo Split Amount Paycheck 03/01/2016 2472 Blake I Bertrand 1022000 Che... 56.30 Paycheck 03/01/2016 8803 Susan K Bard 1020000 • Che... 116.25 Paycheck 03/16/2016 8809 Susan K Bard 1020000 • Che... 116.25 Paycheck 03/16/2016 2473 Blake I Bertrand 1022000 • Che... 56.29 Total 8057031 • Fica 1,035.25 8057032 • Medicare Paycheck 01/04/2016 2463 Blake I Bertrand 1022000 • Che... 13.16 Paycheck 01/04/2016 8782 Susan K Bard 1020000 Che... 27.19 Paycheck 01/15/2016 8787 Susan K Bard 1020000 - Che... 27.19 Paycheck 01/15/2016 2464 Blake I Bertrand 1022000 Che... 13.17 Paycheck 02/01/2016 2468 Blake I Bertrand 1022000 • Che... 13.16 Paycheck 02/01/2016 8791 Susan K Bard 1020000 • Che... 27.18 Paycheck 02/12/2016 8800 Susan K Bard 1020000 • Che... 27.19 Paycheck 02/12/2016 2469 Blake I Bertrand 1022000 • Che ... 13.17 Paycheck 03/01/2016 2472 Blake I Bertrand 1022000- Che... 13.16 Paycheck 03/01/2016 8803 Susan K Bard 1020000- Che... 27.19 Paycheck 03/16/2016 8809 Su$an K Bard 1020000 - Che... 27.19 Paycheck 03/16/2016 2473 Blake I Bertrand 1022000 Che... 13.17 Total 8057032 • Medicare 242.12 8057000 • Payroll Taxes - Other Paycheck 01/04/2016 2463 Blake I Bertrand 1022000- Che... 0.00 Paycheck 01/04/2016 8782 Susan K Bard 1020000 - Che... 0.00 Paycheck 01/15/2016 6787 Susan K Bard 1020000 Che... 0.00 Paycheck 01/15/2016 2464 Blake I Bertrand 1022000 Che... 0.00 Paycheck 02/01/2016 2468 Blake I Bertrand 1022000 Che... 0.00 Paycheck 02/01/2016 8791 Susan K Bard 1020000- Che... 0.00 Paycheck 02/12/2016 8800 Susan K Bard 1020000 • Che... 0.00 Paycheck 02/12/2016 2469 Blake I Bertrand 1022000 • Che... 0.00 Paycheck 03/01/2016 2472 Blake I Bertrand 1022000 • Che... 0.00 Paycheck 03/01/2016 8803 Susan K Bard 1020000 • Che... 0.00 Paycheck 03/16/2016 8809 Susan K Bard 1020000- Che... 0.00 Paycheck 03/16/2016 2473 Blake I Bertrand 1022000 • Che... 0.00 Total 8057000 • Payroll Taxes - Other 0.00 Total 8057000 • Payroll Taxes 1,277.37 8060000 • Postage & Freight Check 02/10/2016 8796 United States Postal- Off Ramp Bul... 1020000 • Che... 100.00 Check 02/22/2016 8807 United States Postal... Postal Box Re... 1020000 - Che... 140.00 Total 8060000 • Postage & Freight 240.00 8065000 - Professional Fees Check 03/31/2016 8822 Lawrence, Blackbur... Annual Revie... 1020000- Che... 2,623.00 Total 8065000 - Professional Fees 2,623.00 8070000 • Rent Check 01/07/2016 8784 Mark Fertitta Realty ... January Rent 1020000- Che... 460.00 Check 02/03/2016 8793 Mark Fertitta Realty ... February Rent 1020000 • Che... 460.00 Check 03/01/2016 8804 Mark Fertitta Realty ... March Rent 1020000 • Che... 460.00 Total 8070000 • Rent 1,380.00 8075000 • Salaries 8075010 • Executive Director Paycheck 01/04/2016 8782 Susan K Bard 1020000 • Che... 1,875.00 Paycheck 01/15/2016 8787 Susan K Bard 1020000 • Che... 1,875.00 Paycheck 02/01/2016 8791 Susan K Bard 1020000- Che... 1,875.00 Paycheck 02/12/2016 8800 Susan K Bard 1020000 • Che... 1,875.00 Paycheck 03/01/2016 8803 Susan K Bard 1020000 • Che... 1,875.00 Paycheck 03/16/2016 8809 Susan K Bard 1020000 • Che... 1,875.00 Total 8075010 • Executive Director 11,250.00 Page 2 4:18 PM Southeast Texas Arts Council 09/22/16 Account QuickReport January through March 2016 Type Date Num Name Memo Split Amount .... ._._._ . ----- ----- -- _ -- Total 8075000 - Salaries 11,250.00 8080000 • Telephone Check 02/29/2016 Check 03131/2016 Total 8080000 - Telephone Total 8000000 - Administrative Expenses TOTAL 8802 Time Warner Cable Act# 8260 17 ... 1020000 • Che... 70.74 8819 Time Warner Cable VOID: Act# 8... 1020000 - Che... 0.00 711 7A 15,$84.32 18,884.32 Page 3 4:16 PM 09/22/16 Southeast Texas Arts Council Account QuickReport April through June 2016 ' Type Date Num Name Memo Split Amount 8085000 • OffRamp Expenses 8085005 • OffRamp Salaries Paycheck 04/01/2016 2663 Blake I Bertrand 1022000 • Che... 907.92 Paycheck 04/15/2016 2664 Blake I Bertrand 1022000- Che... 907.92 Paycheck 05/02/2016 2476 Blake I Bertrand 1022000- Che... 907.92 Paycheck 05/02/2016 2477 Blake I Bertrand 1022000 - Che... Paycheck 05/13/2016 2478 Blake I Bertrand 1022000 - Che... 907.92 Paycheck 06/01/2016 2479 Blake I Bertrand 1022000- Che... 907.92 Paycheck 06/1512016 2480 Blake I Bertrand 1022000 • Che... 907.92 Total 8085005 - OffRamp Salaries 5,447.52 Total 8085000 - OffRamp Expenses 5,447.52 TOTAL 5,447.52 Page 1 4:19 PM Southeast Texas Arts Council 09/22/16 Account QuickReport April through June 2016 Type Date 8000000 • Administrative Expenses 8017000 • Bank Charges Check 04/30/2016 Check 05/02/2016 Check 05/31/2016 Check 05/31/2016 Check 06/14/2016 Total 8017000 - Bank Charges 8030000 - Dues & Subscriptions Check 05/02/2016 Check 05/31/2016 Check 06/23/2016 Total 8030000 - Dues & Subscriptions 8041500 -Internet Check 04/28/2016 Total 8041500 • Internet 8052000 - Office Supplies 8052100 . General Supplies Check 0513112016 Total 8052100 - General Supplies 8052400 • Software Check 05/02/2016 Check 05/31/2016 Total 8052400 - Software 8052000 • Office Supplies - Other Check 06/14/2016 Total 8052000 • Office Supplies - Othi Total 8052000 • Office Supplies 8057000 - Payroll Taxes 8057031 - Fica Paycheck 04/01/2016 Paycheck 04/01/2016 Paycheck 04/15/2016 Paycheck 04/15/2016 Paycheck 05/02/2016 Paycheck 05/02/2016 Paycheck 05/02/2016 Paycheck 05/13/2016 Paycheck 05/13/2016 Paycheck 06/01/2016 Paycheck 06/01/2016 Paycheck 06/15/2016 Paycheck 06/15/2016 Total 8057031 Fica 8057032 Medicare Paycheck 04/01/2016 Paycheck 04101/2016 Paycheck 04/15/2016 Paycheck 04/15/2016 Paycheck 05/02/2016 Paycheck 05/02/2016 Paycheck 05/02/2016 Paycheck 05/13/2016 Paycheck 05/13/2016 Paycheck 06/01/2016 Paycheck 06/01/2016 Num Name Memo Service Charge 8847 Capital One Bank Finance Charge 8852 Capital One Bank Finance Charge Service Charge 8858 Capital One Bank Finance Charge Split Amount 1021000 Che.. 1020000 Che.. 1020000 Che.. 1021000 Che.. 1020000 Che.. 8847 Capital One Bank Press Club M... 1020000 • Che... 8852 Capital One Bank Press Club 1020000 Che... 8860 Port Arthur Chamber Chamber Dues 1020000, Che... 8845 Bray Industries Web Hosting f... 1020000 • Che... 8852 Capital One Bank 8847 Capital One Bank 8852 Capital One Bank 8858 Capital One Bank Recorder for ... 1020000 - Che... Carbonite Re... 1020000- Che... Quickbooks U... 1020000. Che... Paper 1020000 - Che... 33.69 2.42 5.43 35.08 3.71 80.33 30.00 10.00 150.00 190.00 450.00 450.00 22.69 22.69 63.95 50.00 113.95 70.98 70.98 207.62 8818 Susan K Bard 1020000- Che... 116.25 2663 Blake I Bertrand 1022000 • Che... 56.29 8831 Susan K Bard 1020000 - Che... 116.25 2664 Blake I Bertrand 1022000 • Che... 56.29 2476 Blake I Bertrand 1022000 Che... 56.29 8846 Susan K Bard 1020000 • Che... 116.25 2477 Blake I Bertrand 1022000 - Che... 0.00 2478 Blake I Bertrand 1022000 Che... 56.29 8850 Susan K Bard 1020000 Che... 116.25 8851 Susan K Bard 1020000 • Che... 116.25 2479 Blake I Bertrand 1022000 • Che... 56.29 8857 Susan K Bard 1020000 - Che... 116.25 2480 Blake I Bertrand 1022000 - Che... 56.29 1,035.24 8818 Susan K Bard 1020000- Che... 27.18 2663 Blake I Bertrand 1022000 - Che... 13.16 8831 Susan K Bard 1020000 - Che... 27.19 2664 Blake I Bertrand 1022000- Che... 13.17 2476 Blake I Bertrand 1022000 - Che... 13.16 8846 Susan K Bard 1020000 • Che... 27.19 2477 Blake I Bertrand 1022000- Che... 0.00 2478 Blake I Bertrand 1022000 - Che... 13.17 8850 Susan K Bard 1020000 • Che... 27.19 8851 Susan K Bard 1020000 Che... 27.18 2479 Blake I Bertrand 1022000 - Che... 13.16 Page 1 4:19 PM Southeast Texas Arts Council 09122/16 Account QuickReport April through June 2016 Type Date Num Name Memo Split Amount Paycheck 06/15/2016 8857 Susan K Bard 1020000 Che... 27.19 Paycheck 06/15/2016 2480 Blake I Bertrand 1022000 Che... 13.17 Total 8057032 • Medicare 242.11 8057000 • Payroll Taxes - Other Paycheck 04/01/2016 8818 Susan K Bard 1020000 - Che... 0.00 Paycheck 04/01/2016 2663 Blake I Bertrand 1022000 • Che... 0.00 Paycheck 04/15/2016 8831 Susan K Bard 1020000 • Che... 0.00 Paycheck 04/15/2016 2664 Blake I Bertrand 1022000- Che... 0.00 Paycheck 05/02/2016 2476 Blake I Bertrand 1022000 - Che... 0.00 Paycheck 05/02/2016 8846 Susan K Bard 1020000 • Che... 0.00 Paycheck 05/02/2016 2477 Blake I Bertrand 1022000- Che... 0.00 Paycheck 05/13/2016 2478 Blake I Bertrand 1022000 • Che... 0.00 Paycheck 05/13/2016 8850 Susan K Bard 1020000 • Che... 0.00 Paycheck 06/01/2016 8851 Susan K Bard 1020000 • Che... 0.00 Paycheck 06/01/2016 2479 Blake I Bertrand 1022000 • Che... 0.00 Paycheck 06/15/2016 8857 Susan K Bard 1020000 - Che... 0.00 Paycheck 06/15/2016 2480 Blake,/ Bertrand 1022000 - Che... 0.00 Total 8057000 • Payroll Taxes - Other 0.00 Total 8057000 - Payroll Taxes 1,277.35 8060000 - Postage & Freight Check 06/14/2016 8858 Capital One Bank Stamps 1020000 Che... 47.00 Total 8060000 • Postage & Freight 47.00 8062000 - Printing Check 05/31/2016 8852 Capital One Bank Printing News... 1020000- Che... 52.00 Total 8062000 - Printing 52.00 8070000 • Rent Check 04/05/2016 8829 Mark Fertitta Realty ... April Rent 1020000 • Che... 460.00 Check 05/02/2016 8848 Mark Fertitta Realty ... May Rent 1020000 Che... 460.00 Check 06/01/2016 8853 Mark Fertitta Realty ... June Rent 1020000 - Che... 460.00 Total 8070000 • Rent 1,380.00 8075000 • Salaries 8075010 • Executive Director Paycheck 04/01/2016 8818 Susan K Bard 1020000 • Che... 1,875.00 Paycheck 04/15/2016 8831 Susan K Bard 1020000 - Che... 1,875.00 Paycheck 05/02/2016 8846 Susan K Bard 1020000 Che... 1,875.00 Paycheck 05/13/2016 8850 Susan K Bard 1020000 Che... 1,875.00 Paycheck 06/01/2016 8851 Susan K Bard 1020000 • Che... 1,875.00 Paycheck 06/15/2016 8857 Susan K Bard 1020000 - Che... 1,875.00 Total 8075010 • Executive Director 11,250.00 Total 8075000 - Salaries 11,250.00 8080000 • Telephone Check 04/05/2016 8828 Time Warner Cable Act# 8260 17 ... 1020000 Che... 139.12 Check 05/02/2016 8849 Time Warner Cable Act# 8260 17 ... 1020000 • Che... 70.79 Check 06/06/2016 8856 Time Warner Cable Act# 8260 17 ... 1020000- Che... 69.54 Total 8080000 • Telephone 279.45 8084000 • Travel Paycheck 05/02/2016 2477 Blake I Bertrand 1022000 • Che... 266.69 Total 8084000 • Travel 266.69 Total 8000000 • Administrative Expenses 15,480.44 TOTAL 15,480.44 Page 2 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a one-year financial assistance agreement, substantially in the form attached hereto as Exhibit "A," between the Southeast Texas Arts Council (SETAC) and the City of Beaumont in the amount of $50,000 for FY 2017. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of September, 2016. - Mayor Becky Ames - THE STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMEN This agreement between the City of Beaumont, a municipal corporation, herein called "City", and the Southeast Texas Arts Council, a Texas non-profit corporation, herein called "Council", is as follows: WITNESSETH WHEREAS, V.T.C.A. Tax Code Section 351.001 et.seq., authorizes the City to use revenue derived from its hotel occupancy tax "for general promotional and tourist advertising of the city and its vicinity and conducting a solicitation and operating program to attract conventions and visitors, either by the City or through contracts with persons or organizations selected by the City; and, WHEREAS, V.T.C.A. Tax Code Section 351.101(a)(4), authorizes the City to use a limited portion of the revenue derived from its hotel occupancy tax for the encouragement, promotion, improvement and application of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution and exhibition of these major art forms; and, for projects that directly enhance and promote tourism and the convention industry. WHEREAS, the Southeast Texas Arts Council is the proper organization to provide assistance in the responsible distribution of public funds for support of the arts in Beaumont; Page 1 EXHIBIT "A" Now, Therefore, the City and the Council agree as follows: 1. The payment of the total amount of Fifty Thousand ($50,000) Dollars by City to Council will be made from funds as available and as collected from the Hotel Occupancy Tax. Payments of Four -Thousand One -Hundred Sixty -Seven Dollars ($4,167) will be made monthly for eleven (11) months commencing October 1, 2016, and one final monthly payment of Four -Thousand One -Hundred Sixty -Three Dollars ($4,163). Any funds not expended for the projects and purposes approved will be retained by the Council to be reallocated for similar arts purposes by approval of the City. 2. All expenditure of funds from the Hotel Occupancy Tax shall be reasonably related to the purposes established by V.T.C.A. Tax Code 351.101(a)(4). 3. The Council is an independent contractor and is not an officer, agent or employee of the City. 4. The Council shall submit quarterly reports in the format provided by the City reflecting the activities of the Council as they relate to this contract. The Council shall submit such reports quarterly commencing January 15, 2017. 5. The City Manager or his designated representative shall, upon reasonable notice, have the right to inspect all books and records of the Council. 6. It is understood and agreed that either party may terminate this contract by giving to the other party notice in writing of said termination thirty (30) days in advance. Page 2 7. Upon termination of this agreement, unless it be renewed, the Council shall deliver to the City all funds paid under this contract that it may have and all removable personable property that may have been purchased with funds derived from said tax. 8. Funding under this contract will require that should a seminar be held during the term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds are made in compliance with the Act, a representative of the Council will attend the seminar. 9. Council agrees to indemnify, save harmless, and defend the City of Beaumont from any and all claims, causes of action and damages of every kind arising from the operations of Council, its officers, agents and employees, including the officers, agents, and employees involved in museum operation and specifically including herein any and all acts of negligence by the City of Beaumont, its agents, officers or employees, carried out under the terms of this agreement. EXECUTED this the day of ATTEST: By: City Clerk ATTEST: By: Name: Title: , 2016. CITY OF BEAUMONT By: Kyle Hayes City Manager SOUTHEAST TEXAS ARTS COUNCIL By: Name: Title: Page 3 71 BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Jarmon, Executive Assistant to the City Manager MEETING DATE: September 27, 2016 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a recyclable materials processing agreement with Waste Management. BACKGROUND On August 23`d, the City Council voted to institute a voluntary single stream curbside recycling program in the City of Beaumont that will start on October 31 sc In order to move forward with the recycling program, the City must execute a "recyclable materials processing agreement" with Waste Management so that the City can bring recycled materials to Waste Management's processing facility on Fourth Street for sorting and processing after they are collected by city crews. This agreement allows Waste Management to provide the City with single stream recycling processing services. This is a one-year agreement with two (2) one-year renewal options. FUNDING SOURCE Waste Management will charge the City a processing fee of $90 per ton. This expense will be charged to the Solid Waste Fund. The fee for the first year is expected to be approximately $14,000. RECOMMENDATION Approval of 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 Recyclable Materials Processing Agreement between the City of Beaumont and WM Recycle America, LLC to provide single stream recycling processing services. The Recyclable Materials Processing Agreement 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 27th day of September, 2016. - Mayor Becky Ames - STATE OF TEXAS COUNTY OF JEFFERSON RECYCLABLE MATERIALS PROCESSING AGREEMENT THIS RECYCLABLE MATERIALS PROCESSING AGREEMENT ("Agreement") is made as of the day of September _, 2016 ("Effective Date") by and between WM Recycle America, LLC, Waste Management of Texas, Inc. and their corporate affiliates and subsidiaries ("Company"), and the City of Beaumont, a political subdivision of the State of Texas ("Customer"). Customer and Company are each a "Party" and collectively the "Parties." 1. DESCRIPTION OF WORK A. Eor the consideration set forth below, Company agrees to provide single -stream recycling processing services for the Customer's residential recycling routes (the Services). The Services shall be performed in a good and workmanlike manner. B. This Agreement shall be comprised of the following documents: a. This Agreement and all of its exhibits or attachments ("Contract"); and b. Company's proposal (the "Proposal"). In the case of a conflict between the language in the Contract and the Proposal, the terms and the conditions of the Contract shall control and take precedence. 2. TERM The term of the Agreement shall be one (1) year from the Effective Date (Initial Term). The Agreement may be renewed for up to two additional one year terms, upon mutual written agreement of the parties. Each party agrees to provide the other party at least 150 -days' written notice before the expiration of the then - current term of its intent to renew the Agreement. The Initial Term and Renewal Terms are collectively the "Term." 2. DEFINITIONS a. "Applicable Law" means any law, regulation, requirement, or order of any Federal, State or local agency, court or other domestic or foreign governmental body, or interpretation thereof by any court or administrative agency of competent jurisdiction, and requirements of all permits, licenses, and governmental approvals applicable to the acquisition, design, construction, equipping, testing, financing, ownership, possession, or operation of Designated Facilities and performance under this Agreement. b. "Blended Value" or "BV" is the total weighted value per Ton of each Recyclable and Non - Recyclable component (including negatively -valued RecycIables and transfer and disposal costs of Residue) for the Single Stream Materials delivered by or on behalf of Customer to the Designated Facility. EXHIBIT "A" c. "Composition Audit" means the basis upon which Single Stream Materials delivered to the Designated Facility are measured to determine the percentage of each Recyclable, Non -Recyclable, and Residual component delivered by or on behalf of Customer as further described in Exhibit B. d. "Processing Fee" means the compensation per Ton for costs incurred by Company to prepare Recyclables for end markets, i.e., those actions necessary to render Recyclables acceptable to end markets and/or designated buyers. e. "CPI" means the Consumer Price Index -All Urban Consumers (CPI -U), US City Average, Garbage & Trash Collection (CUUROOOOSEHG02), Not Seasonally Adjusted, as published by the United States Department of Labor, Bureau of Labor Statistics. f. "Customer" means the City of New Braunfels, Texas and any persons or entities authorized by the City to collect and transport Recyclables collected from residential units within the City. g. "Customer's Value-Share'2-means the -Customer' -s percentage of the Blended Value minus the Processing Fee as set forth on Exhibit C. h. "Designated Facility" or "Designated Facilities" means Company's Material Recovery Facility, located at 1995 Cedar, Beaumont, Texas 77701. "Designated Holidays" are New Year's Day, Thanksgiving Day and Christmas Day. j. "Excluded Materials" means radioactive, volatile, corrosive, flammable, explosive, biomedical, infectious, biohazardous or toxic substance or material, or regulated medical or hazardous waste as defined by, characterized or listed under applicable federal, state, or local laws or regulations, and/or any other waste not approved in writing by Company. k. "Force Majeure" shall include, but not be limited to, any act of terrorism, act of God, landslides, lightning, fires, storms, floods, typhoons, hurricanes, severe weather, freezing, earthquakes, volcanic eruptions, other natural disasters or the imminent threat of such natural disasters, pandemics, quarantines, civil disturbances, acts of the public enemy, wars, blockades, or public riots, not reasonably within the control of a Party. I. "Load(s)" means all materials in a vehicle hauled to the Designated Facility for unloading and processing. in. "Net Value" means the amount paid to Customer by Company (or owed by Customer to Company) calculated as set forth on Exhibit C. n. "Non-Recyclables" means any materials in the Single Stream Materials that are not Recyclables as set forth in Exhibit A. o. "Receiving Hours" means the regularly -scheduled hours of operation for the Designated Facility p. "Recyclables" means acceptable materials contained within the Single Stream Materials as set forth and further defined in Exhibit A. q. "Residue" or "Residual" means (i) material that cannot be safely or effectively processed and/or (ii)material that, after processing, cannot be effectively marketed for sale in its current state, and/or (iii) Nan-Recyclables, each of which will be disposed. r. "Single Stream Materials" means all of the materials delivered by or on behalf of Customer to Company containing Recyclables and Non-Recyclables. s. "Specifications" means the description of the Single Stream Materials as set forth in Exhibit A. t. "Ton" means 2,000 pounds. u. "Uncontrollable Circumstances" means acts of domestic (federal, state or local) or foreign governments or governmental agencies or governmental restraint, changes in laws, rules, regulations, fees, or taxes. 3. QUANTITY AND QUALITY a. During the term of the Agreement, Customer shall provide one hundred percent (100%) of the Single Stream Materials collected by -or on behalf of Customer, and Company shall receive the -Single -Stream Materials. Customer shall not divert, retract, or withdraw, or discontinue collection of any material listed as a Recyclable in Exhibit A unless Customer and Company mutually agree to such action. Customer and Company shall not allow scavenging of any Recyclables from the Single Stream Materials. Any additions to the list of acceptable Recyclables in Exhibit A will require the mutual agreement of Customer and Company. b. Customer represents and warrants that it shall provide and deliver the Single Stream Materials in accordance with the Specifications set forth in Exhibit A. Title to Recyclables provided by Customer or its designated hauler(s) to Company is transferred to Company upon Company's receipt or collection unless otherwise provided in this Agreement or Applicable Law. Title to and liability for Excluded Materials shall remain with Customer or the generator of the material at all times. c. Composition Audits shall be performed by Company in accordance with Exhibit B on Single Stream Materials delivered to the Designated Facility by or on behalf of Customer in order to identify the overall material composition and associated Blended Value. d. This Agreement does not include and Company is not providing any confidential or secure shredding or handling of confidential information that may be contained in, on, or within the Single Stream Materials. Documents, data, or materials that contain confidential or private information, the destruction or management of which is regulated by state or federal privacy or data security laws, regulations, or rules, such as the Health Insurance Portability and Accountability Act of 1996, as amended, are not to be deposited for recycling under this Agreement. e. Company represents that its Designated Facility has the capacity to process the City's Single Stream Materials. Company agrees that has the ability to provide reserve storage capacity on-site at the Designated Facility for at least four (4) days of delivered Loads, in case of an equipment breakdown or other issue. The Designated Facility has adequate and safe unloading and maneuvering room for City vehicles, both inside and outside the facility, including a minimum of 30 feet of unrestricted floor to ceiling clearance. 4. PRICING/PAYMENTS/CHARGES a. Payments and charges to Customer shall be calculated as set forth on Exhibit C. Where the Net Value of the Single Stream Recyclables is positive, Company shall pay Customer on or about the last day of the month following delivery for those Single Stream Recyclables meeting the Specifications delivered during the preceding month. Where the Net Value is negative, the Customer shall pay Company on or about the last day of the month following delivery for those Single Stream Recyclables meeting the Specifications delivered during the preceding month. 5. DELIVERIES/HOURS a. Customer shall deliver Single Stream Materials at Customer's expense to the Designated Facility during Receiving Hours. All Single Stream Materials must be delivered in self -dumping trucks and will be weighed in and out by Company at the Designated Facility. Company shall use reasonable efforts to provide a wait time for Customer's delivery vehicles that averages fifteen (15) minutes or less, barring any unique or infrequent circumstances beyond Company's control. b. The Receiving Hours at the Designated Facility are Monday through Friday from 7:00 a.m. to 4:00 p.m., except for Designated Holidays. c. Customer may request after-hours tipping of Single Stream Materials at the Designated Facility in order to deliver material after 5:00 p.m. Customer -shall request such after-hours access in writing at least-214hours prior to the time Customer seeks such access. Company will make reasonable efforts to accommodate this request for after-hours access. 6. DESIGNATED FACILITY STANDARDS a. Company shall provide certified scales for weighing Single Stream delivered to the Designated Facility. Scales shall be regularly calibrated as required by Applicable Law. Upon request from the Customer, Company shall make available to Customer on a monthly basis weight tickets for each load of Single Stream delivered by Customer. Customer's Single Stream Materials Loads shall be weighed at the Designated Facility and Company shall provide daily tickets reflecting the net weight of the Loads to the City's drivers. b. If Excluded Materials are delivered to the Facility by or on behalf of Customer, Company, in its sole discretion, may reject the entire load, or separately contain, set aside, segregate, isolate and manage such Excluded Materials as required by Applicable Law. Customer will be notified promptly by phone or email of the location, general character and amount of such Excluded Materials, and Customer will have no more than 4 hours from receiving notification to arrive at the Facility to view the Excluded Materials. If Customer indicates it will send a representative to the Facility within 4 hours, Company agrees not to remove the Excluded Materials from the Facility until after the representative arrives and views the Excluded Materials. If requested by Company, Customer must remove within 24 hours of notification, or cause to be removed, such Excluded Materials from the Designated Facility and shall transport and dispose of, or shall cause such Excluded Materials to be transported and disposed, in accordance with Applicable Law. If Customer fails to timely remove such Excluded Materials, Company may, after providing verbal or written notice to Customer, transport and dispose of such Excluded Materials and charge the costs thereof to Customer. c. Company shall recycle the Recyclables for reuse and, provided that there is a commercially reasonable available market for such material, shall not dispose of any Recyclables, except such Residue left after processing of the Single Stream Materials. Company makes no representations as to the marketability of the Recyclables and may dispose of Recyclables when no reasonable commercial market exists. Company shall provide Customer with written notice no more than 3 days after the decision is made to begin disposing of a Recyclable due to market conditions along with information and/or documentation substantiating such decision. Should no commercially reasonable available market for a Recyclable exist, such Recyclable shall be classified as a Non -Recyclable until such time as a commercially reasonable available market exists. Company reserves the right to add or delete materials from the list of Recyclables based upon changes in market conditions, uncontrollable circumstances, governmental restraint, or changes in laws, rules, regulations, or ordinances, or changes in the enforcement thereof, and Company will provide written notice of any such change to the Customer. d. Company shall provide its services hereunder and take reasonable care to operate its Designated Facility in accordance with standard industry practices. 7. PUBLIC EDUCATION AND OUTREACH/REPORTS a. Customer and Company agree to use reasonable efforts to inform and educate residents of the quality requirements hereunder and to enforce the standards and Specifications for acceptance of Single Stream Materials. b. Company shall provide monthly and annual reports to the City, which provide the following information: (i) total tons of Single Stream Materials received; (ii) total tons of Residue or Non-Recyclables received and disposed; and (iii) the Net Value (the amount paid to Customer by Company or owed by Customer to Company) calculated each month. 8. INSURANCE Company shall maintain, at its expense, insurance with limits not less than those prescribed below. With respect to required insurance, Company shall: i. Name the City of Beaumont as additional insured/or an insured, as its interests may appear, except as to Company's workers' compensation coverage. ii. Provide the City a waiver of subrogation. iii. Provide the City with a thirty (30) calendar day advance written notice of cancellation or material change to said insurance. iv. Provide to the City Purchasing Manager a Certificate of Insurance evidencing required coverage within ten (10) calendar days after receipt of Notice of Award. Submit a certificate of insurance reflecting coverage as follows: a. Automobile Liability: Bodily Injury (Each person) - $250,000.00 Bodily Injury (Each accident) - $500,000.00 Property Damage - $100,000.00 b. General Liability (Including Contractual Liability Bodily Injury - $500,000.00 Property Damage - $100,000.00 c. Excess Liability: Umbrella Form - $1,000,000.00 d. Worker's Compensation: - Statutory e. Pollution Legal Liability/Environmental Impairment Insurance $1,000,000 9. INDEMNIFICATION/LIMIT OF LIABILITY Company shall indemnify and hold harmless Customer, its employees, agents and officials from any and all claims, losses or expenses resulting from any accidents, injuries or damages to persons or properties, suits or demands including reasonable attorney fees which may be made against the Customer, its employees, agents or officials to the extent caused by Company's negligent act or omission or willful misconduct, or breach of this Agreement. Company's indemnification obligations will not apply to occurrences involving Excluded Materials delivered by or on behalf of Customer. Neither party shall be liable to the other for special, consequential, incidental or punitive damages arising out of the performance of this Agreement. 10. TERMINATION a. When a Party has defaulted on one or more material terms of this Agreement, the non - defaulting Parry may terminate this Agreement on thirty (30) days' written notice where such default has not been cured within such thirty (30) day period. If a Party makes a general assignment for the benefit of its creditors, files for bankruptcy relief, or has an involuntary bankruptcy filed against it, the other Party may terminate this Agreement immediately upon written notice. In the event either Party waives default by the other Party, such waiver shall not be construed or determined to be a continuing waiver of the same or any subsequent breach or default,in the event of -defaults the-non-defaulting-Party-shalI have -the -right to seek all available recourse to which it may be entitled by law or in equity, including, but not limited to, the right to all damages or losses suffered as a result of such termination. b. Either party may terminate this agreement without cause upon giving to the other party sixty (60) days written notice of its intent to terminate. 11. NOTICES: Any notice to be given hereunder shall be sent via certified mail or a nationally -recognized overnight courier to the addresses below for each Parry: If to Customer: Attn: Kyle Hayes City Manager PO Box 3827 Beaumont, TX 77704 If to Company: Public Sector Director Waste Management 520 E. Corporate, Suite 100 Lewisville, TX 75057 with a copy to: Waste Management 9708 Giles Austin, TX 78754 Attn: Senior Legal Counsel; and CT Corporation System 350 North St. Paul Street Dallas, Texas 75201 or such other addresses as the parties may hereafter specify by written notice delivered in accordance herewith. 12. MISCELLANEOUS: a. Except for the obligation to make payments hereunder for services already rendered, neither Party shall be in default or liable to the other Party for its failure, in whole or in part, to perform or delay in performance caused by Force Majeure, and the affected Party shall be excused from performance during the occurrence of such events. If either Party delays or fails to return to performance under this Agreement after the Force Majeure event, then such delay or failure may be considered a default under this Agreement by the performing Party. b. This Agreement shall be binding on and shall inure to the benefit of the parties hereto and their respective successors and assigns. c. This Agreement, including Exhibits A, B, and C, which are incorporated herein and made a part hereof, represents the -entire -agreement between the -parties -and supersedes -any -and -all other agreements related to the Recyclables, whether written or oral, that may exist between the Parties or their affiliates. d. This Agreement shall be construed in accordance with the law of the state in which this Agreement is performed. e. The parties shall endeavor to settle all disputes under, or relating to, this Agreement by amicable negotiations. Except as otherwise provided herein, any claim, dispute, disagreement or controversy that arises among the parties under or relating to this Agreement that is not amicably settled shall be submitted to mediation. If the parties remain unable to resolve the controversy through mediation, then exclusive venue of any dispute shall be a state court or federal district court where the services are being perforated. f. If any provision of this Agreement is declared invalid or unenforceable, then such provision shall be severed from and shall not affect the remainder of this Agreement; however, the Parties shall amend this Agreement to give effect, to the maximum extent allowed, to the intent and meaning of the severed provision. g. Any waiver of any breach of covenants herein contained to be kept and performed by the either Party shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent a Party from declaring a forfeiture for any succeeding breach either of the same condition of covenant or otherwise. A Party's remedies hereunder are not exclusive and are in addition to any other remedies at law or in equity. A Party shall not be deemed to waive any remedy available to it or any right under this Agreement, at law or in equity, by virtue of any act or forbearance in enforcing such rights or remedies. h. Any additions or modifications to this Agreement shall only be made in writing and signed by both Parties. i. This Agreement shall not be construed to create any rights hereunder in any person or entity other than the Parties to this Agreement. j. Each party has cooperated in the drafting and preparation of this Agreement and/or has had the opportunity to consult with legal counsel in regards to its terms and conditions. In any construction or interpretation of this Agreement, the same shall not be construed against any party. BY SIGNING BELOW EACH SIGNATORY WARRANTS THAT HE OR SHE IS AUTHORIZED TO ENTER INTO A BINDING AGREEMENT ON BEHALF OF THE PARTY SET FORTH BELOW. EFFECTIVE AS OF THE CUSTOMER: CITY OF BEAUMONT, TEXAS By: Kyle Hayes, City Manager ATTEST: By: Tina Broussard, City Clerk DAY OF , 2016. 8 COMPANY: WM RECYCLE AMERICA, LLC. By: ` Don Smith, Presi nt EXHIBIT A SPECIFICATIONS RECYCLABLES shall be loose, not bagged, and include the following: Aluminum food and beverage containers - empty Printer paper; Copier Paper Mirrors Telephone books: Mail Light Bulbs Ferrous (iron, steel, tin) cans - empty PET plastic containers with the symbol #1 - with screw tops only - empty HDPE natural rigid plastic containers with the symbol*2 (milk -and -water -bottles) --empty HDPE pigmented rigid plastic containers with the -symbol #? (detergent -shampoo bottles, etc.) - empty Mixed Rigid Plastic tubs or containers with symbols #3, #4, #5, #6, 47 - empty Newsprint Old corrugated cardboard containers/boxes/sheets Magazines, glossy inserts and pamphlets Catalogs Cereal boxes; detergent, gift and snack boxes Aseptic gable -top milk and juice cartons Rigid Plastics (unnumbered) such as milk/soda crates, plastic buckets, plastic laundry baskets, etc. that fit into the Polycart and are no more than 30" long and no more than 10 pounds each All other office paper without wax liners Household metal cooking pots, pans, and utensils which are no more than 30 inches long and not more than 50 pounds each All materials not specifically listed above as Recyclables are Non-Recyclables. RECYCLABLES do NOT include the following: Bagged materials (even if containing Rec clables) Microwave trays Mirrors Window or auto glass Light Bulbs Ceramics Porcelain Plastics unnumbered Plastic bas Wire/metal hangers Expanded polystyrene or polystyrene foam (e.g., foam packingpeanuts) Household items such as cooking pots, toasters, etc. Glass cookware/bakeware Wet fiber Flexible packaging and multi -laminated materials I Fiber containing, or that has been in contact with, food debris or other contaminating material Excluded Materials Tissues, paper towels or other material that has been in contact with food Any recyclable materials, or pieces of recyclable materials, less than 2" in size in any dimension Materials: (a) that contain chemical or other properties deleterious, or capable of causing Glass food and beverage containers brown, clear or material damage, to any part of Company's property, green its personnel or the public; and/or (b) that may materially impair the strength or the durability of the Company's structures orequipment. DELIVERY SPECIFICATIONS: Single Stream Materials delivered by or on behalf of Customer may not contain more than twenty-five percent (25%) Non-Recyclables by weight of any incoming Load of Single Stream Recyclable Materials. In the event a Load of Single Stream Materials does not meet Specifications, the Load may be rejected and/or Customer may be charged additional transportation or disposal costs. Company has the right to dispose of all Residue and Non-Recyclables. If Company -reject" Load of Single -Steam Materials that does not meet -Specifications, Customer will be notified promptly by phone or email of the rejection and Customer will have no more than four (4) hours from receiving notification to arrive at the Designated Facility to view the rejected Load. If Customer indicates it will send a representative to the Designated Facility within 4 hours, Company agrees not to remove the rejected Load from the Designated Facility until after the representative arrives and views the Load. 10 EXHIBIT B COMPOSITION AUDITS The Company shall conduct two Single Stream Materials' composition audits each year at its expense in accordance with the following: 1. The audits will be conducted in March and October each year at Company's expense. The parties shall mutually agree on the specific dates and times to conduct the audits. 2. Each audit will be monitored by both the Company and the Customer. 3. Such audits will not be conducted immediately after a holiday or during inclement weather. 4. Unless agreed to in writing by the Customer, the Customer and the Company shall agree on an auditdate_at.least_a minimum-ofthirty (30) calendacdaysdn_advance_Compaay will -empty the sort line, bunkers, and balers in advance of the scheduled audit, and will ensure that there are sufficient personnel available to perform the sorting. 5. The Customer and the Company will agree to the description of each Recyclables' commodity in advance of the audit in written form. 5. The Company and Customer shall jointly agree to the vehicles selected for the audit. Those vehicles will be weighed full and empty to capture the tare weight of the truck and the weight of the Load. On -tile tare weights will not be acceptable during the audit. 7. The Company shall store the Loads from the selected Customer Vehicles in a segregated area. The segregated area will have barriers in place to separate audit materials from any other materials that are delivered to the Designated Facility. 8. Immediately prior to processing the audit materials, the Company will empty, clean and make free of debris the system, sort line, bunkers, and balers. The tipping floor will be empty, clean and free of debris, with the exception of the segregated audit materials. 9. The Customer and the Company will ensure the number of employees available for the audit is appropriate to sort material and conduct the audit. The number of employees utilized for sorting materials will be consistent with typical operations. IQ. The material in the bunker will be loaded onto the single stream line and processed at normal processing speed. Once all the material from the bunker has been processed, each commodity will be baled, weighed, and documented. The Company will process Recyclable Materials into the various commodity categories and Residue. 11. Once the MRF sort line and employees have processed all audit material, each commodity will be baled, weighed and documented with Customer representatives present. Each individual commodity bunker will be baled one at a time. Residue will be weighed separately. 12. The Customer may either conduct or request an audit of bale quality of selected bales at its own cost. Such audit of selected bales must be scheduled in advance with the Company. 13. At the end of the audit day, tally sheets of all bales counted and a copy of the scale ticket for each commodity and the Residue shall be provided to the Customer. 14. Within five (5) business days of the completed audit, the Company will provide a report detailing the individual truck tare weights, baled weights, and updated composition table. 15. Either party may request a new audit within thirty (30) days of receiving an audit report. The requesting party shall be required to pay all costs of the new audit. 16. The Customer may take pictures prior to and during the audit. 12 EXHIBI`i BLENDED VALUE/CHARGES I. VALUE SHARE Where the Blended Value is greater than the Processing Fee, Customer's Value Share is 70% of the difference between the Blended Value and the Processing Fee. When the Blended Value is less than the Processing Fee, Customer shall pay Company the difference between the Blended Value and the Processing Fee pursuant to section 4.a of this Agreement. 2, BLENDED VALUE To calculate the Blended Value per ton of the Single Stream, (a) The percentage of each Recyclable and Non -Recyclable component set forth below contained in the Single Stream Materials as established and revised from time -to -time by the Composition Audits, is multiplied by the current value of each commodity set forth below; and (b) Each commodity value per ton is added together to obtain the Blended Value per ton. (c) Customer acknowledges that the value of a commodity may be negative. Blended"Value is calculates monthly. a. "PPW" means the higher of the prices issued by RIS] PPI Pulp & Paper Week for the Southwest Region, Domestic Price, 1 st issue of the month retroactive to the first of the month. b. "SMP" means the average of the price published at www.SecondaryMaterialsPricin�com, for the Southcentral Region (Houston), first dated price each month, retroactive to the first of the month. c. "Actual Value" means the average price paid to or charged to the Designated Facility during the month of delivery of the Single Stream Materials. Freight, customs charges, duties, or other charges paid to third parties for the sale of such Recyclables are excluded from the definition of Actual Value. d. If PPW or SMP (or both) is no longer reflective of prevailing market conditions or if an alternative publication more accurately reflects such market conditions, then Company may propose to use any such alternative publication(s) or alternate method to determine the value of each commodity set forth below. Customer's consent, which shall not be unreasonably withheld, conditioned or delayed, to the use of such alternate publication or method shall be required. e. "Transportation & Disposal" means the charge for transporting and disposing the Non-Recyclables and Residue at the Designated Facility per Ton in the month of delivery to the disposal facility. All Residue and/or Non-Recyclables will be disposed of at the Newton County Landfill, located in Newton County, Texas. Material Component Commodity Value (may be positive or negative) -Newspapers, magazines and inserts PPW Mixed Paper #2 Cardboard PPW OCC #11 All other paper PPW #2 Mixed Paper Aluminum / beverage cans SMP for Aluminum Cans (Sorted, Baled, 0/lb, delivered) Steel/Tin SMP for Steel Cans Sorted, Baled, ¢/lb, delivered) Plastic # I SMP for PET baled, ¢/lb. picked u Plastic #2 Natural SMP for Natural HDPE baled, ¢/lb. picked up) Plastic #2 Colored SMP for Colored HDPE baled, /lb. picked u #347 Plastics Actual Value Rigid Plastics Actual Value 13 Cartons Actual Value Residue Transportation & Disposal 3. CHARGES (a) Customer shall pay the Processing Fee for each Ton of Single Stream Materials delivered by or on behalf of the Customer. The initial Processing Fee is $90.00 per Ton. (b) The Company has the right to increase the Processing Fee in accordance with changes in the applicable CPI as calculated below on the anniversary of the Effective Date ("Anniversary Date"). Such CPI adjustment shall be effective on such Anniversary Date and shall be recalculated and effective each Anniversary Date thereafter. The increases to the Processing Fee shall be based on the average percentage change in the CPI for the twelve (12) month period ending one month prior to the Anniversary Date. The adjustments in the CPI shall be capped at 4% on each Anniversary Date. In the event this CPI is no longer viable or no longer reflective of consumer prices in Customer's geographic region, another consumer pricing index or method of adjustment may be used as a replacement for the CPI, subject to the mutual consent of the Parties. Failure by Company to submit such CPI price adjustment shall not preclude the implementation of such adjustment as of the Anniversary Date. (c) Company shall also be entitled to an increase in the Processing Fee from time to time during the term of this Agreement, and upon thirty (30) days' written notice to the Customer, to offset any Uncontrollable Circumstances. Whether the Processing Fee is increased in accordance with section 3(b) or 3(c) of this agreement, the total Processing Fee shall not increase by more than 4% of the CPI per year as specified in section 3(b). (d) Company agrees to provide Customer with back-up documentation of the charges that Company incurs for Transportation & Disposal of Nan-Recyclables and Residue to the disposal facility. 4. BLENDED VALUE / REVENUE SHARE / NET VALUE EXAMPLE Blended Value Per Ton with Glass as a Nan-Recvclable A Material Component B Commodity Value C D April 2016 Composition Value Audit Results (Example) in (Example) $fTon E Blended Value C x D (Example) $/Ton TOTAL BLENDED VALUE 100% $66.40 Cardboard PPW OCC #11 $75.00 22.1% $16.58 Mixed paper, Newspaper, magazines, inserts PPW #2 Mixed Paper $55.00 25.4% $13.97 Aluminum/ beverage cans SMP for Aluminum Cans $1,200.00 1.7% $20.40 Steel/Tin SMP for Steel Cans $100.00 2.1% $2.10 Plastic #1 SMP for PET $200.00 4.3% $8.60 Plastic #2 Natural SMP for Natural HDPE $620.00 1.4% $8.68 Plastic #2 Colored SMP for Colored HDPE $420.00 1.6% $6.72 Plastic #3 thru #7 Actual Value $80.00 5.7% $4.56 Cartons Actual Value $55.00 1.6% $0.88 Non-Recyctables li Transportation ft Disposal -$47.19 34.1% -$16.09 Residue" I Cost TOTAL BLENDED VALUE 100% $66.40 14 Example Calculation with Glass as a Non -Recyclable Material: Customer's Value Share is 70% of the Blended Value calculated monthly. By way of the example (from above), where the: a. Blended Value is $66.40 per Ton, for each Ton delivered; and b. the Customer's Value Share is 70% (the Value Share only applies if the Blended Value is higher than the Processing Fee); and c. the Processing Fee is $90.00 per Ton, for each Ton delivered; and the Net Value per Ton, for each Ton delivered, paid to Customer is: Blended Value of -S66:40490:00 Processing Fee ($23.60) for each Ton delivered, paid by -Customer to Company. 15 G BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Jarmon, Executive Assistant to the City Manager MEETING DATE: September 27, 2016 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to amend the lease agreement with the Texas Energy Museum. BACKGROUND On October 28, 2014, the City Council approved a new 20 -year lease agreement with the Texas Energy Museum. That lease agreement better defined the maintenance responsibilities of both parties. Since that lease was approved, the Energy Museum has expressed an interest in performing their own grass cutting and trimming and therefore would like to amend the lease. The amendment under consideration today transfers those responsibilities from the city to the Energy Museum. All other provisions of the lease remain the same. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of 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 an amended Lease Agreement between the City of Beaumont and Texas Energy Museum, Inc. to transfer the responsibility of grass cutting and trimming at the Texas Energy Museum from the City of Beaumont to Texas Energy Museum, Inc. The Lease Agreement, as amended, 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 27th day of September, 2016. - Mayor Becky Ames - STATE OF TEXAS LEASE AGREEMENT 0 COUNTY OF JEFFERSON § WHEREAS, the City of Beaumont, a municipal corporation of the State of Texas, and the Texas Energy Museum, Inc., a Texas non-profit corporation, entered into an Lease Agreement on the 30th day of June 1988 wherein the City of Beaumont, hereinafter referred to as "Landlord", and the Texas Energy Museum, Inc., hereinafter referred to as "Tenant", agreed to a forty (40) year lease on the land and building to be used as an energy museum; and, WHEREAS, Landlord and Tenant desire to amend such lease in its entirety to read as follows: WITNESSETH: ARTICLE 1 - Description of Lease Premises For and in consideration of payment by Tenant of the rental hereinafter reserved to Landlord and the performance by Tenant of the covenants and agreements hereinafter contained to be performed by Tenant, and in accordance with all of the provisions hereinafter set forth, Landlord does hereby lease and let unto Tenant, and Tenant does hereby take and lease from Landlord, the following described real property and premises (the "leased premises"); That certain land more fully described in Exhibit "A", attached hereto and made a part hereof by this reference, hereinafter called the "Land", and the energy museum building, parking facilities, landscaping, and other improvements as may be constructed on the Land by Tenant, which improvements are hereinafter called the "Building" or "Facilities." EXHIBIT "A" ARTICLE 2 - Term of Lease The term of this lease shall be for twenty (20) years commencing on the 30th day of December, 2014, and terminating at 11:59 p.m. on the 29th day of December, 2034, if not sooner terminated as hereinafter provided. ARTICLE 3 - Rental Tenant shall pay to Landlord as rent hereunder the sum of ONE DOLLAR ($1.00) per year payable on the 30th day of December, 2014 and on the same day of each calendar year of the term of this Lease commencing on the 30th day of December, 2014. ARTICLE 4 - Use and Occupancy 4.1 Tenant shall use and occupy the leased premises as an energy museum open to the public, for the promotion of energy and for related purposes, including, but not limited to, education purposes, civic purposes, fund raising purposes, and entertainment purposes. Tenant agrees to operate the leased premises as an energy museum during the full term of this Lease. 4.2 Tenant will comply with any and all laws, ordinances, rules, orders and regulations of any governmental authority which are applicable to Tenant's operations in and on the leased premises. 4.3 Nothing contained herein shall prevent Tenant from charging an admission price for persons to visit the energy museum located on the leased premises. City Administration shall be allowed to use facilities when available at no charge for official City of Beaumont business. ARTICLE 5 -Alterations. Additions or Improvements Tenant shall not, without first obtaining the written consent and approval of Landlord, make any alterations, additions or improvements in, to or about the leased premises; provided, however, that such consent shall not be unreasonably withheld. Any work done by Tenant in, to or about the leased premises shall be done in a good and workmanlike manner and without impairing the structural integrity of the Building, and no liens shall attach to the leased premises or to the Building of which same are a part. Similarly, during the term of this Lease, City will not, make any alterations, additions or improvements in, to or about the facilities without first giving notice to Tenant of Landlord's intent. ARTICLE 6 -Activities Increasing Fire Insurance Rates Tenant shall not do or suffer anything to be done in or about the leased premises which will increase the rate for the fire insurance on the leased premises. ARTICLE 7 -Assignment or Sublease Tenant shall not, without first obtaining the written consent of City Manager of Landlord, which consent shall not be unreasonably withheld, assign, mortgage, pledge or encumber this Lease, in whole or in part, or sublet the leased premises or any part thereof. This covenant shall be binding upon the Tenant and every person to whom Tenant's interest under this Lease passes by operation of law. However, Tenant may rent a portion, but not all, of the leased premises for periods not to exceed 72 hours without first obtaining the written consent of the City Manager of Landlord. ARTICLE 8 - Damage to Building 8.1 If the Facilities are damaged by fire or any other casualty, all insurance proceeds for such casualties shall be paid to either Tenant or City, as their interest may appear and as their loss may be allocated. Either City or Tenant may elect to terminate this Lease under the terms hereof should a fire or other casualty loss result in damage to the Facilities in excess of fifty percent (50%) of the replacement cost of such Facilities immediately prior to such casualty. Should either party elect such termination, then the other party shall have the option for sixty (60) days after the date of such election to terminate the Lease or to elect to rebuild the Facilities. Any rebuilding or reconstruction fo the Facilities shall restore such premises to substantially the same condition as existed prior to such casualty loss. Should either party elect to rebuild, such insurance proceeds as shall have been paid to both parties shall be deposited in a state or federal bank with offices located in the City of Beaumont, Jefferson County, Texas. Such insurance proceeds shall be held in escrow by such bank as a trust fund for the purpose of paying for the cost of rebuilding and repairing the Facilities and the cost of making temporary repairs of doing such work as may be necessary to protect the Facilities against further injury. Such proceeds shall be disbursed in accordance with the provisions of paragraph 8.2 hereof. The bank shall be entitled to a reasonable compensation payable out of such fund. If insurance proceeds held by the bank as provided in this paragraph shall exceed such costs, such excess shall belong to and be paid over to the parties who deposited said amounts in proportion to their interest in the account. If rebuilding of the Facilities is undertaken by Tenant under this Article, the construction shall be made subject to the approval of City. 8.2 Any monies paid out of the trust fund established under the terms of paragraph 8.1 hereof shall be paid as the work progresses, upon the request of the party performing the reconstruction, and against the certificates of the architect or engineer in charge of such reconstruction showing that the amount stated in the particular certificate has been paid or is due in respect to such work together with the names and addresses of the person, if any, to whom such amounts are due. Payments hereunder shall be subject to normal retainage applicable to construction contracts entered in by home -rule cities in accordance with the laws of the State of Texas. 8.3 If the damage to the leased premises is less than fifty per cent (50%) of the replacement cost of the leased premises (exclusive of foundations and the Land) immediately prior to such casualty, then Tenant shall promptly after such casualty commence to repair the damage to the leased premises and restore same to substantially the same condition as existed prior to such casualty. In such event Landlord shall pay to Tenant the proceeds of the insurance paid to Landlord for such casualty loss. 8.4 Notwithstanding anything contained herein to the contrary, if any casualty occurs to the leased premises repair of which shall cost Twenty Thousand and No/100 Dollars ($20,000.00) in excess of the insurance proceeds available for such casualty or which is not covered by insurance (either of such events being hereinafter called an "uninsured loss"), Tenant shall have one hundred eight (180) days after the date of an uninsured loss to elect by written notice to Landlord to either repair an uninsured loss or to terminate this Lease. If Tenant elects to repair the uninsured loss, Tenant shall commence to repair the uninsured loss promptly after the exercise of its election to repair hereunder and shall restore the leased premises to substantially the same condition as existed prior to the uninsured loss. If Tenant elects to terminate this Lease as set forth above on such uninsured loss, then Landlord shall have the option for a period of sixty (60) days after notice of such election to terminate by Tenant to elect to repair the uninsured loss and to continue the lease in full force and effect. If Landlord elects to repair the uninsured loss under the terms of this Paragraph, then Landlord shall promptly proceed to make such repairs as are needed to restore such uninsured loss to the leased premises. If the Tenant and Landlord elect not to repair as provided above, Landlord shall demolish any remaining structures on the leased premises. Tenant upon such demolition shall pay Landlord the cost thereof out of any insurance proceeds up to the full amount thereof. Any cost in excess of the insurance proceeds shall be paid by Landlord. 8.5 Upon any termination of this Lease under any provisions of this Lease other than on a default on the part of Tenant, Tenant shall be entitled to remove all of its furniture, furnishings, and other property of Tenant located on the leased premises. ARTICLE 9 - Insurance and Waivers of Subrogation 9.1 Subject to all limits, deductibles and limitations of its policies chosen by City, City shall procure and maintain Texas multi -peril form hazard insurance coverage on the Facilities in not less than the full insurable value thereof. Such insurance shall be obtained in the name of City. 9.2 Tenant shall procure and maintain all insurance which it deems necessary for its protection against loss of or damage to any of its property in or on the leased premises. ARTICLE 10 - Eminent Domain 10.1 If the whole or any part of the leased premises shall be taken under the power of eminent domain, this Lease shall terminate as to the part so taken on the date, hereinafter called the "date of taking", that Tenant is required to yield possession of the whole or part of the leased premises so taken. The term date of taking shall also mean and refer to the date of any other transfer of possession of any part or all the leased premises to a condemning authority under power of eminent domain. On any taking of all of the leased premises by power of eminent domain this Lease shall terminate on the date of taking and the rent reserved herein shall abate. If less than all of the leased premises shall be taken by power of eminent domain, then Tenant shall have one hundred eight (180) days after the date of such taking to exercise an option to terminate this Lease or to keep this Lease in full force and effect. Such option shall be exercised by written notice to Landlord. 10.2 All compensation awarded for any taking of the leased premises under power of eminent domain shall be the property of Landlord and Tenant hereby assigns its interest therein to Landlord. 10.3 The term"eminent domain" as used herein shall include the exercise of any similar governmental power and any purchases or other acquisition in lieu of condemnation. ARTICLE 11 - Landlord's Remedies on Default If Tenant defaults in the payment of rent payable hereunder, or either party hereto defaults in the performance of any of the other covenants or conditions hereof, such non defaulting party may give the other party notice of such default; and if Tenant does not cure any default covering the payment of Rent or other sums of money hereunder within thirty (30) days, or other default within sixty (60) days, after the receipt of such notice (or if the default is of such nature that it cannot be completely cured within such period of time, if Tenant does not commence curing such default within such sixty (60) days and thereafter proceeds with reasonable diligence to cure such default), then Landlord may terminate this Lease by written notice to Tenant, or in the alternative Landlord may reenter and take possession of the leased premises and remove all persons and property therefrom, without being deemed guilty of any manner of trespass. If this Lease shall have been terminated by Landlord, Landlord may at any time thereafter resume possession of the leased premises by any lawful means and remove Tenant or other occupants and their belongings and property therefrom. ARTICLE 12 - No Waiver of Covenants or Conditions The failure of either party to insist on strict performance of any covenant or condition thereof, or to exercise any option or election herein contained, shall not be construed as a waiver of such covenant, condition, option or election in any other instance. This Lease cannot be changed, amended or terminated orally. ARTICLE 13 - Quiet Enjoyment Landlord covenants that if, and so long as, Tenant pays the rent herein reserved and performs the covenants hereof, Tenant shall peaceably and quietly have, hold and enjoy the leased premises for the term of this Lease, subject to each and all of the covenants and provisions of this Lease. ARTICLE 14 - Headings The headings of the several Articles in this Lease are intended for convenience and reference purposes only and shall not be taken into consideration in any construction or interpretation of this Lease or any of its provisions. ARTICLE 15 - Binding Effect The provisions of this Lease shall apply to, bind, and inure to the benefit of the Landlord and Tenant and their respective heirs, executors, administrators, successors and assigns; provided, however, that the inclusion of assigns in this sentence shall not be construed to permit any assignment in violation of the covenants herein contained. ARTICLE 16 - Construction 16.1 This Lease, and any and all amendments, modifications or other writings pertaining thereto, shall be construed under and pursuant to the laws of the State of Texas. 16.2 In the event that any provision hereof, or the application thereof to any person or circumstance, shall be adjudged invalid or unenforceable, the remainder of this Lease, or the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and enforced to the fullest extent permitted by law. 16.3 In construing this Lease, masculine or feminine pronouns shall be substituted for those neuter in form, and vice versa, and plural terms shall be substituted for singular and singular for plural in any place in which the context so requires. 16.4 Any notice or demand required or permitted to be given by the terms of this Lease shall be in writing and shall be deemed to have been duly given only if delivered personally or sent by registered or certified United States mail, return receipt requested, in a postpaid envelope properly addressed to the party entitled to receive such notice. Notices shall be addressed to the parties at their respective addresses set forth above, or to such other address as the parties may later designate by written notice given as provided herein. Notice shall be to have been duly given, if delivered personally, upon the delivery thereof, and if mailed, upon the earlier of (a) the actual receipt thereof, or (b) three (3) business days after the mailing thereof, provided that such notices, if mailed, are addressed and transmitted as herein required, with full postage prepaid. ARTICLE 17 - Maintenance During the term of this lease agreement Tenant shall be responsible for all general upkeep of the Facilities. City will be responsible for the general structural maintenance of the building, HVAC system operation including annual checks and replacement of filters, pest control inspections and treatment, roof, exterior windows, and major repair of the elevator. aGGGrdaRce with the city's regular sGheduIe— Tenant will be responsible for grass cutting and trimming. Tenant will be responsible for all utilities, including gas, electrical, water and garbage collection costs, telephone and cable television or other communication devices. Tenant will also be responsible for routine maintenance, routine plumbing, janitorial service, replacement of luminaries, interior painting and inspection and general maintenance of the elevator. Tenant will be responsible for the maintenance and repair of the fire alarm system and security systems. Tenant is also responsible for the monitoring of these systems. IN WITNESS WHEREOF, Landlord and Tenant have executed (or caused to be executed by their duly authorized officers or agents) this Lease, all as of the day and year first above written. CITY OF BEAUMONT Ao- Kyle Hayes, City Manager TEXAS ENERGY MUSEUM, INC. Ryan Smith, Executive Director Date: Date: BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 27, 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 3-8/Consent Agenda Consent Agenda GENERAL BUSINESS 1. Consider a request to rezone property located at 2665 North 11th Street from RM -H (Residential Multiple Family Dwelling District -Highest Density) and RM -M (Residential Multiple -Family Dwelling Medium Density District) to GC -MD (General Commercial -Multiple Family Dwelling District) 2. Consider repealing Ordinance No. 16-039 and consider a rezoning from R -S (Residential - Single Family Dwelling District) to GC -MD -2 (General Commercial -Multiple Family Dwelling District -2) for 1350 W. Lucas Drive 3. Consider an ordinance for the annexation of approximately 77.737 acres of land located at the southwest corner of Folsom Drive and Major Drive 4. Consider a resolution approving the award of a contract to McInnis Construction, Inc. of Silsbee for the construction of the new Fire Station No. 1 5. Consider amending Section 22.02.001, Water Service Rates and Section 22.02.002, Wastewater Service Rates of the Code of Ordinances to increase rates by three percent effective October 1, 2016 6. Consider a resolution establishing a deadline for the consideration of Housing Tax Credit Applications 7. Consider authorizing a lease agreement with amendments as requested by the City with Enterprise FM Trust for the lease of thirty-one vehicles Consider amending the FY 2016 Budget related to the Capital Reserve Fund WORK SESSION * Review and discuss the City's Emergency Management Plan PUBLIC HEARING * Receive comments related to the City's Emergency Management Plan WORK SESSION * Review and discuss the possibility of constructing a hard surface soccer court at Central Park 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. I September 27, 2016 Consider a request to rezone property located at 2665 North 11 `h Street from RM -H (Residential Multiple Family Dwelling District -Highest Density) and RM -M (Residential Multiple -Family Dwelling Medium Density District) to GC -MD (General Commercial -Multiple Family Dwelling District) • BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: September 27, 2016 REQUESTED ACTION: Council consider a request to rezone property located at 2665 North 11 h Street from RM -H (Residential Multiple Family Dwelling District -Highest Density) and RM -M (Residential Multiple -Family Dwelling Medium Density District) to GC -MD (General Commercial -Multiple Family Dwelling District). BACKGROUND Alyssa Thompson, on behalf of Kimley-Horn and Associates, is requesting a zone change for the property located at 2665 N 11th Street. Ms. Thompson states her company would like to develop the property into a rapid recovery center. The zoning of the 16.4142 acre tract is currently split into three separate zones, GC -MD (General Commercial - Multiple Family Dwelling District), RM -H (Residential Multiple -Family Highest Density District) and RM -M (Residential Multiple - Family Dwelling Medium Density District). The proposed GC -MD zoning will eliminate the split -zoned lot and accommodate the rapid recovery center. At a Joint Public Hearing held on September 19, 2016, the Planning Commission recommended 7:1 to approve a rezoning from RM -H (Residential Multiple Family Dwelling District -Highest Density) and RM -M (Residential Multiple -Family Dwelling Medium Density District) to GC - MD (General Commercial -Multiple Family Dwelling District). FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the ordinance. • APPLICATION FOR AMENDMENT OF THE ZONING ORDINANCE BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS Kimley-Hom and Associates - Alyssa Thompson APPLICANT'S NAME AND ADDRESS: 12012 Wickchester Lane, Suite 500 Houston TX 77079 APPLICANT'S PHONE #: 281-920-6325 FAX#: NAME OF OWNER: Albert Lynn and Lyle A. Eastham ADDRESS OF OWNER: 4710 Bellaire Blvd. Suite 350, Bellaire, TX 77401-4531 LOCATION OF PROPERTY: 2665 North 11th Street, Beaumont, TX 77703 LEGAL DESCRIPTION OF PROPERTY: LOTNO.2-3 OR TRACT BLOCK NO. I 1-!i j ADDITION J. $, ta,W,7G1r4t1�r� SURVEY A. Williams Survey, Abstract No. 385 NUMBER OF ACRES 4t1�t2—`4.0`M NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed to be changed, and a complete legal field note description. CURRENT ZONING DISTRICT: GC -MD, RM -H, and RH-M ZONING DISTRICT REQUESTED: GC -MD HAS THE REQUEST BEEN MADE BEFORE? No IF SO, DA SUBMIT A LETTER STATING REASONS FOR REQUEST. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN 1/2 ACRE...........................................................$250.00 1/2 ACRE OR MORE AND LESS THAN 5 ACRES.............$450.00 5 ACRES OR MORE...............................................................$650.00 I HEREBY ACKNOWLEDGE THAT THE APPLICATION IS MADE FOR THE REQUESTED DISTRICT OR A MORE RESTRICTIVE DISTRICT. f I SIGNATURE OF APPLICANT: SIGNATURE OF DATE: Z3 ! i0 PLEASE TYPE OR PRINT AND §UBMIT TO: ,..., �, �P`LANNING DIVISION, ROOM 201 a.s��v1 _ x-� rt Y` FjZ444i i�� HALL, 801 MAIN STREET BEAUMONT, TX 77701 FILE NUMBER P.O. BOX 3827 77704 DATE RECEIVED: (409) 880-3764 RECEIPT NUMBER: FAX (409) 880-3133 Kimley»>Horn August 23, 2016 City of Beaumont Planning Division, Room 201 City Hall, 801 Main Street Beaumont, TX 77701 Request for Amendment of the Zoning Ordinance FOR Lot 1, Block 1 16.4142 acres situated in the A. Williams Survey, Abstract No. 385, City of Beaumont Jefferson County, Texas General Description of Property: The proposed development is a 16.4142 acre tract located at 2665 North 11th Street in the City of Beaumont. The tracts located within the 16.4142 acre tract are currently zoned GC -MD (General Commercial — Multiple Dwelling), RM -H (Residential Multiple Family — High Density), and RM -M (Residential Multiple Family — Medium Density). Proposed Use of Property: The property will be platted into one Lot. 5.85 acres will be developed into a 70 unit rapid recovery center. Request for Zoning Amendment: The proposed use is allowed in all three zoning districts; however, the applicant is seeking an amendment to the zoning ordinance to avoid a "split zoned" lot. The applicant is requesting to amend the entire 16.4142 acre tract to the GC -MD district. Sincerely, a Alyssa Thompson, E.I.T. 281-920-6325 12012 Wickchester Lane, Suite 500, Houston, TX 77079 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM -H (RESIDENTIAL MULTIPLE FAMILY DWELLNG-HIGHEST DENSITY) DISTRICT AND RM -M (RESIDENTIAL MULTIPLE FAMILY DWELLING -MEDIUM DENSITY) DISTRTICT TO GC -MD (GENERAL COMMERCIAL - MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 2665 NORTH 11TH STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned RM -H (Residential Multiple Family Dwelling -Highest Density) District and RM -M (Residential Multiple Family Dwelling - Medium Density) District to GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 2665 North 11th Street, being all of Lots 2-3, Blocks 1 t0 3, J.B. Langham Estates, Beaumont, Jefferson County, Texas, containing 9.099 acres, more or less, as shown on Exhibit "A," attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of September, 2016. - Mayor Becky Ames - LANGHAM J B EST L2 W41 26 FT L3 B 1 TO 3, LANGHAM J B EST L4 ALL & L5 TR 2 & LT 3 E265 BLK 1 TO 3 10.730 AC and LANGHAM J B EST NW PT ` TR 2 BLK 1 TO 3.760 AC B 2665 11th Street Kimley-Horn and Associates EXHIBIT "A" EAUMONT TEXAS N 1 inch = 200 feet n September 27, 2016 Consider repealing Ordinance No. 16-039 and consider a rezoning from R -S (Residential -Single Family Dwelling District) to GC -MD -2 (General Commercial -Multiple Family Dwelling District -2) for 1350 W. Lucas Drive BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: September 27, 2016 REQUESTED ACTION: Council repeal Ordinance No.16-039 and consider a rezoning from R -S (Residential -Single Family Dwelling District) to GC -MD -2 (General Commercial -Multiple Family Dwelling District -2) for 1350 W. Lucas Drive. BACKGROUND John Wilson is requesting a zone change for the property located at 1350 W. Lucas Drive. The property to the north and west is zoned R -S (Residential Single Family Dwelling District) and GC -MD (General Commercial - Multiple Family Dwelling District) to the east and south. The proposed zone change would allow the property to be used as the business office for J. Wilson's Restaurant located to the south at 4190 Gladys. Although further commercial encroachment into the residential area is a consideration, the minor expansion is located on Lucas, a major arterial and would extend no further than the northern boundary of the GC -MD property to the east. At a Joint Public Hearing held on August 15, 2016, the Planning Commission recommended 7:0 to approve a rezoning from R -S (Residential -Single Family Dwelling District) to GC -MD -2 (General Commercial -Multiple Family Dwelling District -2) at 1350 W. Lucas Drive. At the City Council Meeting held August 23, 2016, Ordinance No. 16-039 was approved - granting GC -MD zoning for the subject property. The Planning Commissions recommendation was for GC -MD -2. The Administration also recommends that the property should be zoned GC -MD -2. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the ordinance. APPLICATION FOR AMENDMENT OF THE ZONING ORDINANCE BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME AND ADDRESS: AIV Gi// /1"y ,A/ APPLICANT'S PHONE #: -2 d'I _ 7 /3 - -2 3 a D FAX #: NAME OF OWNER: 'Y/S3 Y Z ae-4- �/.✓�U// l LC— ADDRESS OF OWNER: V ` 0 (71.9 d, LOCATION OF PROPERTY: /-?SO 41(R_!"��- LEGAL DESCRIPTION OF PROPERTY: LOT NO. BLOCK NO. ADDITION C LDE-J2. 44 1 Gff lA JJ Ds NUMBER OF ACRES P o� -5 W 3 OR TRACT PLAT SURVEY NUMBER OF ACRES %X -777 7 7,70.1' For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed to be changed, and a complete legal field note description. CURRENT ZONING DISTRICT: 11 0 ; l PS �61 L F 4,471 - ZONING DISTRICT REQUESTED: (> _ l HAS THE REQUEST BEEN MADE BEFORE? ko IF SO, DATE: ACTION: SUBMIT A LETTER STATING REASONS FOR REQUEST. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN 1/2 ACRE...........................................................$250.00 1/2 ACRE OR MORE AND LESS THAN 5 ACRES.............$450.00 5 ACRES OR MORE...............................................................$650.00 I HEREBY ACKNOWLEDGE THAT THE APPLICATION IS MADE FOR THE REQUESTED DISTRICT ORA MORE RESTRICTIVE DISTRICT. / SIGNATURE OF APPLICANT: DATE: 6 SIGNATURE OF OWNS (IF NOT APPLICANT): PLEASE TYPE OR PRINT AND SUBMIT TO: PLANNING DIVISION, ROOM 201 CITY HALL, 801 MAIN STREET BEAUMONT, TX 77701 FILE NUMBER: P.O. BOX 3827 77704 DATE RECEIVED: (409) 880-3764 RECEIPT NUMBER: FAX (409) 880-3133 John Wilson 1220 Wilchester Circle, Beaumont, TX 77706 281-743-2320 jwilson@jwilsons.com July 18, 2016 Dear Planning Commission and City Counsel, I am submitting an Application for Amendment of the Zoning Ordinance. 1 am the Owner of JWilsons, neighborhood restaurant at 4190 Gladys. My intentions are to move all my business/ office needs out of the restaurant and into 1350 W. Lucas. Thank you for your time and consideration Warm regards, John Wilson File 2268-P: Consider a request for a Rezoning from R -S (Residential — Single Family Dwelling District) to GC -MD (General Commercial -Multiple Family Dwelling District) or a ore restrictive District. pplicant: John Wilson Location: 1350 W. Lucas Drive o 100 200 1 1 1 1 Feet ORDINANCE NO. ENTITLED AN ORDINANCE REPEALING ORDINANCE NO. 16-039 AND ENACTING AN ORDINANCE THEREAFTER AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC -MD -2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING -2) DISTRICT FOR PROPERTY LOCATED AT 1350 W. LUCAS DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. WHEREAS, John Wilson had previously requested a zone change for the property zoned RS (Residential Single Family Dwelling) District to GC -MD (General Commercial -Multiple Family Dwelling) District located at 1350 W. Lucas Drive, being Lot 4, Block 9, Calder Highlands, Beaumont, Jefferson County, Texas, containing 0.256 acres, more or less; and, WHEREAS, on August 15, 2016, the City of Beaumont Planning Commission recommended 7:0 to approve a rezoning from RS (Residential -Single Family Dwelling) District to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District for the property located at 1350 W. Lucas Drive, Beaumont, Jefferson County, Texas; and, WHEREAS, on August 23, 2016, the City Council of the City of Beaumont, Texas adopted Ordinance No. 16-039 inadvertently granting GC -MD (General Commercial - Multiple Family Dwelling) District zoning for the property located at 1350 W. Lucas Drive, Beaumont, Jefferson County, Texas; and, WHEREAS, the Council recognizes that the zone change was to have been to GC -MD -2; and, WHEREAS, it is necessary to repeal Ordinance No. 16-039 in order to properly reflect the intended zoning designation of GC -MD -2; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That Ordinance No. 16-039 be and it is hereby repealed. Section 2. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned RS (Residential Single Family Dwelling) District to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District for property located at 1350 W. Lucas Drive, being Lot 4, Block 9, Calder Highlands, Beaumont, Jefferson County, Texas, containing 0.256 acres, more or less, as shown on Exhibit "A," attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 3. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 4. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 5. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 6. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of September, 2016. - Mayor Becky Ames CALLED 0.33 ACRES ERIK L- JENSEN, et uu CF N0, 2006046111 OPRJ.0 o< Z o �Z i w ca w NN ©zoo �za� W U1wooa� w z �ma-M O uS M �+I x �j 3: a. '80.z 2 o;�omc 0 UZU L C) o��� J mix a_W�I Zoo: 0 T Z Oo vs�¢0 Ir�wv, mow: w a. a5:5 � a 0 z CM ZQa rn < w N Uj ZO H am?�unla- v wbrraw ca�owo �. Q'Z0 � Q +norm<Zwnina cn t-j=� ¢No oz�8a:fl Sc ~ w o =aj:luj w F-Cw>�C0a- OD w=wEn 1—wp�3W J iE w'Mr FND I. 0 5.1 EFERENCE, BEARING .PER PLAT UUnl PRO :. (CALL SOUTH 50.00) LINA 1 0 0"Y9i % aHE as - — 3 �•'—fr1. o 1 FND 5/ L ROE -" 1.49' 1© 1S O0.29' -WOOD FRONAME � BLDG. o" - SLAB LOT 4 BIl OCK 9 0.22' L a q WOOD FRAME M M97 GARAGE ' 0.41' �m "' LLI 0:68' Sa04 00N U') 20.3'BD U Ln U7 � —I 0 N v CA 3.15' 2co 0.3' 'x•39 Z LL. U. FND 5/8" I. ROD if) LO g15.0'0L—F iy 2.4' 15.3 2.4•' AC I BRICK & FRAME RESIDENCE o N ELEC. MTR. ' f 13:9' II 16.4 Z c6 M CALLED 1.0258 ACRES PHELAN INVESTMENTS CF N0. 96-9635742 3.38' f ~3.25' i 2.80' ®o � 3 �. W/CAP STAMPED I FND 1/2" 'F&S' I. ROD OHF ,' nHE DHE— OHE -- OHE LFRfD N00007'45"W 49,85' (CALL NORTH 50.00') VVEST LUCAS DRIVE (CALLED LUCAS DRIVE PER PLAT) TO THE, LEINHOI-DERS AND. THE OWNERS OF THE PREMISES (50' ROW) 1350 WESr LUCAS_ DRIVE SURVEYED AND TO THE FIRST AMERICAN TITLE INSURANCE COMPANY. BEAUMONT TX 77706 THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS SURVEY .WAS THIS DAY MADE ON THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND IS CORRECT, AND THAT THERE ARE NO DISCREPANCIES, CONFLICTS, SHORTAGES IN AREA, BOUNDARY LINE CONFLICTS, ENCROACHMENTS, OVER -LAPPING OF IMPROVEMENTS, EASEMENTS OR RIGHTS-OF-WAY EXCEPT AS SHOWN HEREON, AND THAT SAID PROPERTY HAS ACCESS TO AND FROM A DEDICATED ananwev ALL EASEMENTS SHOWN AND NOTED PER TEXAS RE{ EXHIBIT "A" G:F: No. 19936 -AS SCS 1"--30' Lot Number Four (4) in Block Number Nine (9) of CALDER HIGHLANDS ADDITION,an addition to the City of Beaumont, Jefferson County,. Texas, as the same appears upon the map or plot thereof, on file and of record in Volume 4, Page 155 Map Records of Jefferson County, Texas. Owner: 1334 Lucas Venture, LLC Census: 4.00 In accordance with the Flood Hazard Boundary 3 September 27, 2016 Consider an ordinance for the annexation of approximately 77.737 acres of land located at the southwest corner of Folsom Drive and Major Drive BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: September 27, 2016 REQUESTED ACTION: Council consider an ordinance for the annexation of approximately 77.737 acres of land located at the southwest corner of Folsom Drive and Major Drive. BACKGROUND The City has identified a 77.737 acre area, for annexation into the City of Beaumont. The area is located at the southwest corner of Folsom Drive and Major Drive. This area is divided into five (5) parcels and is served by city water and sewer service from Major Drive. This portion of Major Drive has experienced new development, including a church, an apartment complex and a restaurant. Being outside the city limits, fire, emergency and police response to these properties is currently limited. Because of these facts, staff recommends annexing this area. Attached is the "Annexation Service Plan" outlining the municipal services to this area as it is incorporated into the City of Beaumont. At a Joint Public Hearing held on May 16, 2016, the Planning Commission voted 8:0 recommending approval of the annexation of approximately 77.737 acres of land located at the southwest corner of Folsom Drive and Major Drive. On September 6, 2016 City Council conducted two Public Hearings to receive input on this proposed annexation. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the ordinance. e 867-OB: Consider a request for the annexation of approximately 77.737 Acres of land. plicant: City of Beaumont Planning Division cation: The southwest corner of Folsom Drive @ Major Drive. 0 250 500 750 1,000 I I I I I I Feet ORDINANCE NO. ENTITLED AN ORDINANCE ANNEXING APPROXIMATELY 77.737 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF FOLSOM DRIVE AND MAJOR DRIVE INTO THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE THE SAID PROPERTY WITHIN THE CITY LIMITS, AND GRANTING THE SAID TERRITORY AND TO ALL INHABITANTS THEREOF ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS; BINDING SAID INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF SAID CITY; AND, ADOPTING A SERVICE PLAN. WHEREAS, Article 1, Section 4 of the Charter of the City of Beaumont, Texas, an incorporated city, authorizes the annexation of additional territory, subject to the laws of this state; and, WHEREAS, the procedures prescribed by the Texas Local Government Code and Charter of the City of Beaumont, Texas have been duly followed with respect to the annexation of the territory described as being Tracts 2, 112, 115 and the east 1004.1 feet of Tracts 31, 32, 113 & 114, A. Houston Survey, Abstract 33, Jefferson County, Texas, containing 77.737 acres, more or less; and, WHEREAS, the territory lies adjacent to and adjoins the present boundaries of the City of Beaumont, Texas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. THAT the land and territory lying adjacent to and adjoining the present boundaries of the City of Beaumont, Texas and described as being Tracts 2, 112, 115 and the east 0 1004.1 feet of Tracts 31, 32, 113 & 114, A. Houston Survey, Abstract 33, Jefferson County, Texas, containing 77.737 acres, more or less, is hereby added and annexed into the City of Beaumont, Texas; said territory shall hereinafter be included within the boundary limits of the City of Beaumont, Texas; the present boundary limits of such City at the various points contiguous to the area described as being Tracts 2, 112, 115 and the east 1004.1 feet of Tracts 31, 32, 113 & 114, A. Houston Survey, Abstract 33, Jefferson County, Texas, containing 77.737 acres, more or less, are altered, amended and extended so as to include said area within the corporate limits of the City of Beaumont, Texas, such property shall be within Ward 2 for purposes of municipal elections. Section 2. is The described territory in the area so annexed shall be a part of the City of Beaumont, Texas, and the inhabitants thereof, if any, shall be entitled to al the rights and privileges of all the citizens and shall be bound by the acts, ordinances, resolutions and regulations of the City of Beaumont, Texas. Section 3. A service plan for the area is hereby adopted and attached as exhibit "A." The City Clerk is hereby directed to file with the County Clerk of Jefferson County, Texas, a certified copy of this ordinance. 0 PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 27th day of September, 2016. - Mayor Becky Ames - ATTEST: City Clerk Annexation Service Plan Service Plan for ...-- Being Tracts 2, 112, 115 and the east 1004.1 feet of tracts 31, 32, 113 & 114, A Houston Survey, Abstract 33, Jefferson County, Texas, containing 77.737 acres, more or less. The following basic services as described will be provide upon annexation of the subject property: lice Protection: This area will fall under the jurisdiction of the City of Beaumont Police Department. Fire Protection: Fire Station No. 9 at 7010 Gladys provides service for this area. id Waste Collection: Garbage collection service and other waste and recycling programs will be provided as needed by the City for this area. Water Service: This area is served by an 8" and 24" water main. Wastewater facilities: This area is served by a 54" sewer line. Storm Drainage: Surface drainage and ditches empty in Drainage District No. 6 ditches. Storm sewers as part of any subdivision or other development must meet the specification of the City Engineer. Maintenance of roads and streets, including street lights: There are no local, dedicated streets within the annexation area. Major Drive is maintained by the Texas Department of Transportation (TXDOT). The extension of Folsom is planned, but is not designated for construction in the near future. At such time that it is built, it may be constructed by the city or by a private developer. Future streets may be constructed by developers and then will be maintained by the city following normal land subdivision procedures as regulated by city ordinance and state statutes. Street lighting is part of the subdivision process. Maintenance of parks, playgrounds and swimming pools: No park facilities currently exist within this area. As this area develops, enhancements of these facilities will be considered, as the need warrants. Maintenance of publicly owned facilities, buildings or services: Other than drainage facilities, there are no publicly dedicated facilities within the area to be annexed. Any developed or created in the future will be maintained to the normal maintenance level provided to all such facilities within the city. EXHIBIT "A" West End Annexation, Legal Description Tracts 2, 112, 115 and the east 1004.1 feet of tracts 31, 32, 113 & 114, A Houston Survey, Abstract 33, Jefferson County, Texas containing 77.737 acres, more or less. !I September 27, 2016 Consider a resolution approving the award of a contract to McInnis Construction, Inc. of Silsbee for the construction of the new Fire Station No. 1 AI ILA * Imum TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Keith Folsom, Facilities Maintenance Superintendent MEETING DATE: September 27, 2016 REQUESTED ACTION: Council consider a resolution approving the award of a contract to McInnis Construction, Inc. of Silsbee, Texas in the amount of $7,409,783.00 for the construction of the new Fire Station No. 1. BACKGROUND The current Fire Station No. 1, located at 747 College, was constructed in 1981 and has served the needs of the Fire Department for 35 years. The existing station is in need of a major upgrade and after the efforts of past foundation repairs; the foundation continues to experience major settlement issues. The new Fire Station will provide space for personnel training and house an EMS unit and associated personnel. On Thursday, September 15, 2016, bids were solicited for furnishing all labor, materials, equipment and supplies necessary to construct the new Fire Station at Babe Zaharias Park near the intersection of Caldwell and Gulf Street. The final bid total includes the Base Bid amount and Alternates #1,2,3,4,5,6,8,9,10, and #11. Five (5) five bids were received for the project. A total of 450 calendar days are allocated for the completion of the project. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. RECEIPT OF BIDS Project: Beaumont Fire Station Bl Bid Date: September 15, 2016 2:00 PM Location: Beaumont City Hall Contractor Receipt of Bid Addenda Bond ( 1 to 2) Base Bid Alt. g1 (4 Fold - North Elevation) Alt. g2 (4 Fold - South Elevation) Alt. #4 Alt. g3 (Dur-A-gard (Heavy Duty 55 E ox Coating w y Epoxy g / Lockers) Urethane Top Coat) Alt. p5 (Drafting Pit System) Alt. g6 (12R x 20ft Storage Shed) Alt. M7 (Additional 17 Solatube Daylighting Units) Alt. e8 (Fueling System) Alt. g9 (C °n<. Park Walkway Path) Alt. 410 (Future Site Lighting) Alt. #11 pOk Alum Flagpole) Time for Completion Total with Priority Alternates Total with All Alternates Construction Zone x x 7,466,000.00 276,400.00 276,000.00 35,300.00 88,300.00 133,000.00 25,500.00 51,000.00 136,200.00 21,500.00 15,400.00 20,250.00 410 8,411,200.00 8,544,850.00 G&G Enterprises x I x 1 6,998,450.00 178,500.001 178,500.00 25,620.001 45,650.00 98,750.00 25,000.001 25,750.00 124,950.001 9,600.00 11,540.00 8,750.00 345 7,650,420.00 7,731,060.00 H. B. Neild&Sons 7,338,847.00 356,600.00 300,060.00 62,700.00 90,760.00 167,750.00 36,000.00 16,250.00 149,000.00 20,000.00 18,000.00 22,000.00 440 8,465,717.00 8,577,967.00 McInnis Construction 6,6234300.00 190,280.00 190,280.00 39,420.00 58,703.00 100,000.00 270000.00 40,000.00 132,500.00 18,300.00 10,000.00 20,000.00 450 7,334,483.00 7,449,783.00 SeTEX Construction 7,960,000.00 259,000.00 259,000.00 34,500.00 68,500.00 183,000.00 47,000.00 51,000.00 136,000.00 30,000.00 12,000.00 20,000.00 400 8,900,000.00 9,060,000.00 (e 111rN) NOTE REFERENCE SHEET 1.100 POR LANDSCAPING AND DETAILS NOTE REFERENCE CML DRAWNOS F'OR REMS TO BE OENOUSHED 11FJRll N1pWR—/ w �� aul Inver fiEo Imam ran ua � nr `AWXD10DAs PL CE BE REF. CWa N PLACE qFi. CML OnIPW145 =6 mN ' ` &:ITE PLAN A .n' PFVRCIFD FDEnEPnOtf MRR NIDPNIf, ' '� IRf. YEP DA4'S Ii:• - SHE I1J11111G. TVNCI . REP. 10 MI ..: cArE No � Y: NOIbEI(EEPNO PAD. p.. aROIM YANT. SID. BUpK IDI CmIEID M ' NlNO 4 REP. ]/AIOOC Ab SES �. 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IEr. 1RP cnxlRallm RESOLUTION NO. WHEREAS, bids were solicited for a contract for furnishing all labor, materials, equipment and supplies necessary for the construction of the new Beaumont Fire Station No. 1 Project; and, WHEREAS, McInnis Construction, Inc., of Silsbee, Texas, submitted a bid in the amount of $7,409,783.00, and, WHEREAS, City Council is of the opinion that the bid submitted by McInnis Construction, Inc., of Silsbee, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by McInnis Construction, Inc., of Silsbee, Texas, in the amount of $7,409,783.00 for a contract for the construction of the new Beaumont Fire Station No. 1 Project be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with McInnis Construction, Inc., of Silsbee, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of September, 2016. - Mayor Becky Ames - September 27, 2016 Consider amending Section 22.02.001, Water Service Rates and Section 22.02.002, Wastewater Service Rates of the Code of Ordinances to increase rates by three percent effective October 1, 2016 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: September 27, 2016 REQUESTED ACTION: Council consider amending Section 22.02.001, Water Service Rates and Section 22.02.002, Wastewater Service Rates of the Code of Ordinances to increase rates by three percent (3%) effective October 1, 2016. BACKGROUND The FY 2017 Budget as approved on September 20, 2016, anticipates issuing an estimated $20 Million in revenue bonds during FY 2017. The bond funds will be used for capital improvements at the water plant, sewer plant and related infrastructure improvements within the water and sewer systems (see attached). The revenue generated by the three percent (3%) increase is needed to pay the debt service related to the revenue bonds. The annual debt service needed to repay $20 Million over a 20 year period at an estimated interest rate of 3.5% is $1,380,000. Increasing water and sewer rates 3%, based on the projected revenue for FY 2016, would produce $1,380,000 in additional revenue. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. Meter Size/Inches 5/8 1 1 1/2 2 3 4 6 8 10 12 Usage Rate First 1,000 Gallons Over 1,000 Gallons $ Per 1000 Gallons Meter Size/Inches 5/8 1 1 1/2 2 3 4 6 8 10 12 Usage Rate First 1,000 Gallons Over 1,000 Gallons $ Per 1000 Gallons Water/Sewer Rate Increase October 1, 2016 Minimum Monthly Rates Water Inside City Current Proposed Rate Rate $ 12.66 $ 13.04 14.03 14.45 15.39 15.85 19.20 19.78 39.01 40.18 47.29 48.71 85.26 87.82 117.25 120.77 161.35 166.19 201.15 207.19 uiITI TI usaa.0 $ 4.28 $ 4.41 Sewer Inside City Current Proposed Rate Rate $ 8.10 $ 8.34 8.23 8.48 8.37 8.62 9.09 9.36 10.28 10.59 15.06 15.51 24.70 25.44 30.17 31.08 41.15 42.39 52.11 53.67 Minimum Minimum 3.84 $ 3.96 Outside Cit Current Proposed Rate Rate $ 19.03 $ 19.60 21.03 21.66 23.06 23.75 28.81 29.67 58.54 60.30 70.94 73.07 127.87 131.71 175.85 181.13 242.05 249.31 301.74 310.79 Minimum Minimum $ 6.44 $ 6.63 1 Outside Cit Current Proposed Rate Rate $ 12.12 $ 12.48 12.34 12.71 12.54 12.92 13.61 14.02 15.41 15.87 22.62 23.30 36.98 38.09 45.28 46.64 61.71 63.56 78.13 80.47 Minimum Minimum $ 5.83 $ 6.01 PROPOSEDIMPROVEMENTS $20,000,000 Project Description Estimated Project Cost purpose Lift Station Repairs FY17 $ 300,000.00 On -Going Lift Station Repairs FY18 $ 300,000.00 On -Going Northwest Pkwy $ 2,200,000.00 Construction Sanitary Sewer Rehab of Small Mains FY17 $ 2,000,000.00 On -Going Sanitary Sewer Rehab of Small Mains FY18 $ 2,000,000.00 On -Going Washington - Phase II (Amarillo to I1-1-10) Phase II $ 1,650,000.00 Construction Sewer Plant Chlorine Disinfection System Impr. - Phase I (Rehab) $ 500,000.00 Construction Sewer Plant Clarifiers Rehabilitation Phase II $ 4,000,000.00 Construction Water Line & Fire Hydrant Replacement - FY17 $ 2,000,000.00 Construction Water Production System - Repairs $ 500,000.00 Construction Assessment of Sanitary Sewer Collection System City Wide FY17 $ 750,000.00 In Progress Assessment of Sanitary Sewer Collection System City Wide FY18 $ 750,000.00 In Progress Assessment of Sanitary Sewer Collection System City Wide FY19 $ 500,000.00 In Progress Wastewater Treatment Plant Holding Pond $ 500,000.00 Construction Keith Road Waterline Installation Phelan to Dishman $ 800,000.00 Construction Sludge Dewatering Improvement at Sewer Plant - Phase 1 $ 1,100,000.00 Construction Misc. Engineering $ 150,000.00 Engineering TOTALS $ 20,000,000.00 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 22, ARTICLE 22.02, SECTIONS 22.02.001(a) AND 22.02.002(a) OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO INCREASE WATER AND WASTEWATER RATES; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That Chapter 22, Article 22.02, Section 22.02.001(a) of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Sec. 22.02.001. Water service rates. (a) Effective October 1, 2016, the following rates per month shall be the rates charged for water service furnished to customers within and outside of the corporate limits of the city except as provided in paragraph (b) of this section. Water Rate Increase October 1, 2016 Minimum Monthly Rates Water Inside City Outside City Meter Current Proposed Current Proposed Size/Inches Rate Rate Rate Rate 5/8 $ 12.66 $ 13.04 $ 19.03 $ 19.60 1 14.03 14.45 21.03 21.66 1 1/2 15.39 15.85 23.06 23.75 2 19.20 19.78 28.81 29.67 3 39.01 40.18 58.54 60.30 4 47.29 48.71 70.94 73.07 6 85.26 87.82 127.87 131.71 8 117.25 120.77 175.85 181.13 10 161.35 166.19 242.05 249.31 12 201.15 207.19 301.74 310.79 Usage Rate First 1,000 Minimum Minimum Gallons Over 1,000 Gallons $ Per 1000 Gallons $ 4.28 $ 4.41 Section 2. Minimum Minimum $ 6.44 $ 6.63 That Chapter 22, Article 22.02, Section 22.02.002(a), of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Sec. 22.02.002. Wastewater service rates. (a) Effective October 1, 2016, the following rates per month shall be the rates charged for wastewater services furnished to customers within and outside of the corporate limits of the city where the wastewater produced by such customers is a normal strength wastewater (150 mg/1 lb) except as provided in paragraph (b) of this section. Sewer Rate Increase October 1, 2016 Minimum Monthly Rates Sewer Inside City Outside City Meter Current Proposed Current Proposed Size/Inches Rate Rate Rate Rate 5/8 $ 8.10 $ 8.34 $ 12.12 $ 12.48 1 8.23 8.48 12.34 12.71 1 1/2 8.37 8.62 12.54 12.92 2 9.09 9.36 13.61 14.02 3 10.28 10.59 15.41 15.87 4 15.06 15.51 22.62 23.30 6 24.70 25.44 36.98 38.09 8 30.17 31.08 45.28 46.64 10 41.15 42.39 61.71 63.56 12 52.11 53.67 78.13 80.47 Usage Rate First 1,000 Gallons Over 1,000 Gallons $ Per 1000 Gallons Minimum Minimum 3.84 $ 3.96 Minimum Minimum 5.83 $ 6.01 Section 3. This ordinance shall be effective from and after October 1, 2016. Section 4. All ordinances or part of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1.01.009 of the Code of Ordinances of the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of September, 2016. - Mayor Becky Ames — Di September 27, 2016 Consider a resolution establishing a deadline for the consideration of Housing Tax Credit Applications BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager e_s 0 PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: September 27, 2016 REQUESTED ACTION: Council consider a resolution establishing a deadline for the consideration of Housing Tax Credit Applications. BACKGROUND For many years the City has supported the development of Housing Tax Credit projects that have offered hundreds of affordable housing units to our citizens. As part of the consideration for supporting a project, the City has considered the need of the units, balanced with such factors as the need for the proper planning of land use and traffic management. In recent years, the City has received an increasing number of requests to support applications for Housing Tax Credit applications. In addition, State -mandated deadlines have become more abbreviated and the time for City Council to adequately consider these applications has become an issue. As such, staff is recommending that December 1St of each year be established as the deadline for any requests of City Council to consider any type of acknowledgement or support of a project as it relates to the Housing Tax Credit Program. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, for many years, the City of Beaumont has supported the development of Housing Tax Credit projects that have offered hundred of affordable housing units to its citizens; and, WHEREAS, in recent years, the City has received an increasing number of requests to support applications for Housing Tax Credit applications; and, WHEREAS, state -mandated deadlines have become more abbreviated and the time for City Council to adequately consider these applications has become an issue; and, WHEREAS, staff is recommending that December 1St of each year be established as the deadline for any requests of City Council to consider any type of acknowledgement or support of a project as it relates to the Housing Tax Credit Program; 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 deadline of December 1St of each year is hereby established as the deadline for any requests of City Council to consider any type of acknowledgement or support of a project as it relates to the Housing Tax Credit Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of September, 2016. - Mayor Becky Ames — N September 27, 2016 Consider authorizing a lease agreement with amendments as requested by the City with Enterprise FM Trust for the lease of thirty-one vehicles BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: September 27, 2016 REQUESTED ACTION: Council consider authorizing a lease agreement with amendments as requested by the City with Enterprise FM Trust for the lease of thirty-one (3 1) vehicles. BACKGROUND The City of Beaumont's fleet includes 415 vehicles that are considered to be light or medium size vehicles. These vehicles range in age from new to more than 30 years old with the average age being eight (8) years; 25% are more than ten (10) years old and 13% are more than over fifteen (15) years old. Each year during the budget process, all fleet vehicles are looked at for age, mileage, maintenance and repair cost, and priority in providing city services to determine if it is in need of replacement. Enterprise Fleet Management, Inc.'s (EFM) fleet management program provides a solution to this problem of aging light and medium duty. vehicles through equity leases and resale. The equity lease is typically for a term of five years. At the end of the lease term the City can either purchase the vehicle for the residual value or can have Enterprise Fleet Management sell the vehicle through auction whereby the City receives the net sales proceeds. At that time the City can either keep those proceeds or use them to put another new vehicle under lease. The advantages to this program include the creation of a replacement cycle for the vehicles that tend to be left behind, improved fuel efficiency, reduced maintenance costs, higher resale return through a broad and well established resale network and more properly matched vehicles to the needs of the operation. There are no wear and tear penalties or mileage restrictions built into this lease. Thirty-one (3 1) vehicles have been identified to be replaced through an equity lease. The average age is twelve (12) years with models ranging from 1998 to 2009. These vehicles were identified based on mileage, age, maintenance expense to date, and parts availability. The thirty-one (3 1) vehicles will be new vehicles ordered by Enterprise Fleet Management, Inc., leveraging government discounts with all manufactures. Enterprise Fleet Management, Inc. September 22, 2016 Page 2 The Texas Local Government Code Chapter 791 allows a governmental agency to enter into a joint purchasing agreement. The City is entering into the lease agreement with Enterprise FM Trust through Region VIII Education Service Center, The Interlocal Purchasing System or TIPS which awarded a competitively bid contract. FUNDING SOURCE Capital Reserve Fund. Total annual lease payments for FY 2017 are estimated to be $13500 and were included in the FY 2017 Budget. 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 an Equity Lease Agreement and Amendment to Master Equity Lease Agreement between the City of Beaumont and Enterprise FM Trust for the lease of thirty-one (31) vehicles for use by various departments. The Equity Lease Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes and the Amendment to Master Equity Lease Agreement 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 27th day of September, 2016. - Mayor Becky Ames - MASTER EQl ITY LEASE AGREEMENT This Master Equity Lease Agreement is entered into this twenty-first day of September, 2016, by and between Enterprise FM Trust, a Delaware statutory trust ("Lessor"), and the lessee whose name and address is set forth on the signature page below ("Lessee"). 1. LEASE OF VEHICLES: Lessor hereby leases to Lessee and Lessee hereby leases from Lessor the vehicles (individually, a "Vehicle" and collectively, the "Vehicles") described in the schedules from time to time delivered by Lessor to Lessee as set forth below ("Schedule(s)") for the rentals and on the terms set forth in this Agreement and in the applicable Schedule. References to this "Agreement" shall include this Master Equity Lease Agreement and the various Schedules and addenda to this Master Equity Lease Agreement. Lessor will, on or about the date of delivery of each Vehicle to Lessee, send Lessee a Schedule covering the Vehicle, which will include, among other things, a description of the Vehicle, the lease term and the monthly rental and other payments due with respect to the Vehicle. The terms contained in each such Schedule will be binding on Lessee unless Lessee objects in writing to such Schedule within ten (10) days after the date of delivery of the Vehicle covered by such Schedule. Lessor is the sole legal owner of each Vehicle. This Agreement is a lease only and Lessee will have no right, title or interest in or to the Vehicles except for the use of the Vehicles as described in this Agreement. This Agreement shall be treated as a true lease for federal and applicable state income tax purposes with Lessor having all benefits of ownership of the Vehicles. It is understood and agreed that Enterprise Fleet Management, Inc. or an affiliate thereof (together with any subservicer, agent, successor or assign as servicer on behalf of Lessor, "Servicer") may administer this Agreement on behalf of Lessor and may perform the service functions herein provided to be performed by Lessor. 2. TERM: The term of this Agreement ("Term") for each Vehicle begins on the date such Vehicle is delivered to Lessee (the "Delivery Date") and, unless terminated earlier in accordance with the terms of this Agreement, continues for the "Lease Term" as described in the applicable Schedule. 3. RENT AND OTHER CHARGES: (a) Lessee agrees to pay Lessor monthly rental and other payments according to the Schedules and this Agreement. The monthly payments will be in the amount listed as the "Total Monthly Rental Including Additional Services" on the applicable Schedule (with any portion of such amount identified as a charge for maintenance services under Section 4 of the applicable Schedule being payable to Lessor as agent for Enterprise Fleet Management, Inc.) and will be due and payable in advance on the first day of each month. If a Vehicle is delivered to Lessee on any day other than the first day of a month, monthly rental payments will begin on the first day of the next month. In addition to the monthly rental payments, Lessee agrees to pay Lessor a pro -rated rental charge for the number of days that the Delivery Date precedes the first monthly rental payment date. A portion of each monthly rental payment, being the amount designated as "Depreciation Reserve" on the applicable Schedule, will be considered as a reserve for depreciation and will be credited against the Delivered Price of the Vehicle for purposes of computing the Book Value of the Vehicle under Section 3(c). Lessee agrees to pay Lessor the "Total Initial Charges" set forth in each Schedule on the due date of the first monthly rental payment under such Schedule. Lessee agrees to pay Lessor the "Service Charge Due at Lease Termination" set forth in each Schedule at the end of the applicable Term (whether by reason of expiration, early termination or otherwise). (b) In the event the Term for any Vehicle ends prior to the last day of the scheduled Term, whether as a result of a default by Lessee, a Casualty Occurrence or any other reason, the rentals and management fees paid by Lessee will be recalculated in accordance with the rule of 78's and the adjusted amount will be payable by Lessee to Lessor on the termination date. (c) Lessee agrees to pay Lessor within thirty (30) days after the end of the Term for each Vehicle, additional rent equal to the excess, if any, of the Book Value of such Vehicle over the greater of (i) the wholesale value of such Vehicle as determined by Lessor in good faith or (ii) except as provided below, twenty percent (20%) of the Delivered Price of such Vehicle as set forth in the applicable Schedule. If the Book Value of such Vehicle is less than the greater of (i) the wholesale value of such Vehicle as determined by Lessor in good faith or (ii) except as provided below, twenty percent (20%) of the Delivered Price of such Vehicle as set forth in the applicable Schedule, Lessor agrees to pay such deficiency to Lessee as a terminal rental adjustment within thirty (30) days after the end of the applicable Term. Notwithstanding the foregoing, if (i) the Term for a Vehicle is greater than forty-eight (48) months (including any extension of the Term for such Vehicle), (ii) the mileage on a Vehicle at the end of the Term is greater than 15,000 miles per year on average (prorated on a daily basis) (i.e., if the mileage on a Vehicle with a Term of thirty-six (36) months is greater than 45,000 miles) or (iii) in the sole judgment of Lessor, a Vehicle has been subject to damage or any abnormal or excessive wear and tear, the calculations described in the two immediately preceding sentences shall be made without giving effect to clause (ii) in each such sentence. The "Book Value" of a Vehicle means the sum of (i) the "Delivered Price" of the Vehicle as set forth in the applicable Schedule minus (ii) the total Depreciation Reserve paid by Lessee to Lessor with respect to such Vehicle plus (iii) all accrued and unpaid rent and/or other amounts owed by Lessee with respect to such Vehicle. (d) Any security deposit of Lessee will be returned to Lessee at the end of the applicable Term, except that the deposit will first be applied to any losses and/or damages suffered by Lessor as a result of Lessee's breach of or default under this Agreement and/or to any other amounts then owed by Lessee to Lessor. (e) Any rental payment or other amount owed by Lessee to Lessor which is not paid within twenty (20) days after its due date will accrue interest, payable on demand of Lessor, from the date due until paid in full at a rate per annum equal to the lesser of (i) Eighteen Percent (18%) per annum or (ii) the highest rate permitted by applicable law (the "Default Rate"). (f) If Lessee fails to pay any amount due under this Agreement or to comply with any of the covenants contained in this Agreement, Lessor, Servicer or any other agent of Lessor may, at its option, pay such amounts or perform such covenants and all sums paid or incurred by Lessor in connection therewith will be repayable by Lessee to Lessor upon demand together with interest thereon at the Default Rate. (g) Lessee's obligations to make all payments of rent and other amounts under this Agreement are absolute and unconditional and such payments shall be made in immediately available funds without setoff, counterclaim or deduction of any kind. Lessee acknowledges and agrees that neither any Casualty Occurrence to any Vehicle nor any defect, unfitness or lack of governmental approval in, of, or with respect to, any Vehicle regardless of the cause or consequence nor any breach by Enterprise Fleet Management, Inc. of any maintenance agreement between Enterprise Fleet Management, Inc. and Lessee covering any Vehicle regardless of the cause or consequence will relieve Lessee from the performance of any of its obligations under this Agreement, including, without limitation, the payment of rent and other amounts under this Agreement. 4. USE AND SURRENDER OF VEHICLES: Lessee agrees to allow only duly authorized, licensed and insured drivers to use and operate the Vehicles. Lessee agrees to comply with, and cause its drivers to comply with, all laws, statutes, rules, regulations and ordinances and the provisions of all insurance policies affecting or covering the Vehicles or their use or operation. Lessee agrees to keep the Vehicles free of all liens, charges and encumbrances. Lessee agrees that in no event will any Vehicle be used or operated for transporting hazardous substances or persons for hire, for any illegal purpose or to pull trailers that exceed the manufacturer's trailer towing recommendations. Lessee agrees that no Vehicle is intended to be or will be utilized as a "school bus" as defined in the Code of Federal Regulations or any applicable state or municipal statute or regulation. Lessee agrees not to remove any Vehicle from the continental United States without first obtaining Lessor's written consent. At the expiration or earlier termination of this Agreement with respect to each Vehicle, or upon demand by Lessor made pursuant to Section 14, Lessee at its risk and expense agrees to return such Vehicle to Lessor at such place and by such reasonable means as may be designated by Lessor. If for any reason Lessee fails to return any Vehicle to Lessor as and when required in accordance with this Section, Lessee agrees to pay Lessor additional rent for such Vehicle at twice the normal pro -rated daily rent. Acceptance of such additional rent by Lessor will in no way limit Lessor's remedies with respect to Lessee's failure to return any Vehicle as required hereunder. EXHIBIT "A" Initials: EFM Cust 5. COSTS, EXPENSES, FEES AND CHARGES: Lessee agrees to pay all costs, expenses, fees, charges, fines, tickets, penalties and taxes (other than federal and state income taxes on the income of Lessor) incurred in connection with the titling, registration, delivery, purchase, sale, rental, use or operation of the Vehicles during the Term. If Lessor, Servicer or any other agent of Lessor incurs any such costs or expenses, Lessee agrees to promptly reimburse Lessor for the same. 6. LICENSE AND CHARGES: Each Vehicle will be titled and licensed in the name designated by Lessor at Lessee's expense. Certain other charges relating to the acquisition of each Vehicle and paid or satisfied by Lessor have been capitalized in determining the monthly rental, treated as an initial charge or otherwise charged to Lessee. Such charges have been determined without reduction for trade-in, exchange allowance or other credit attributable to any Lessor -owned vehicle. 7. REGISTRATION PLATES, ETC.: Lessee agrees, at its expense, to obtain in the name designated by Lessor all registration plates and other plates, permits, inspections and/or licenses required in connection with the Vehicles, except for the initial registration plates which Lessor will obtain at Lessee's expense. The parties agree to cooperate and to furnish any and all information or documentation, which may be reasonably necessary for compliance with the provisions of this Section or any federal, state or local law, rule, regulation or ordinance. Lessee agrees that it will not permit any Vehicle to be located in a state other than the state in which such Vehicle is then titled for any continuous period of time that would require such Vehicle to become subject to the titling and/or registration laws of such other state. 8. MAINTENANCE OF AND IMPROVEMENTS TO VEHICLES: (a) Lessee agrees, at its expense, to (i) maintain the Vehicles in good condition, repair, maintenance and running order and in accordance with all manufacturer's instructions and warranty requirements and all legal requirements and (ii) furnish all labor, materials, parts and other essentials required for the proper operation and maintenance of the Vehicles. Any alterations, additions, replacement parts or improvements to a Vehicle will become and remain the property of Lessor and will be returned with such Vehicle upon such Vehicle's return pursuant to Section 4. Notwithstanding the foregoing, so long as no Event of Default has occurred and is continuing, Lessee shall have the right to remove any additional equipment installed by Lessee on a Vehicle prior to returning such Vehicle to Lessor under Section 4. The value of such alterations, additions, replacement parts and improvements will in no instance be regarded as rent. Without the prior written consent of Lessor, Lessee will not make any alterations, additions, replacement parts or improvements to any Vehicle which detract from its economic value or functional utility. Lessor will not be required to make any repairs or replacements of any nature or description with respect to any Vehicle, to maintain or repair any Vehicle or to make any expenditure whatsoever in connection with any Vehicle or this Agreement. (b) Lessor and Lessee acknowledge and agree that if Section 4 of a Schedule includes a charge for maintenance, (i) the Vehicle(s) covered by such Schedule are subject to a separate maintenance agreement between Enterprise Fleet Management, Inc. and Lessee and (ii) Lessor shall have no liability or responsibility for any failure of Enterprise Fleet Management, Inc. to perform any of its obligations thereunder or to pay or reimburse Lessee for its payment of any costs and expenses incurred in connection with the maintenance or repair of any such Vehicle(s). 9. SELECTION OF VEHICLES AND DISCLAIMER OF WARRANTIES: (a) LESSEE ACCEPTANCE OF DELIVERY AND USE OF EACH VEHICLE WILL CONCLUSIVELY ESTABLISH THAT SUCH VEHICLE IS OF A SIZE, DESIGN, CAPACITY, TYPE AND MANUFACTURE SELECTED BY LESSEE AND THAT SUCH VEHICLE IS IN GOOD CONDITION AND REPAIR AND IS SATISFACTORY IN ALL RESPECTS AND IS SUITABLE FOR LESSEE'S PURPOSE. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT A MANUFACTURER OF ANY VEHICLE OR AN AGENT OF A MANUFACTURER OF ANY VEHICLE. (b) LESSOR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY VEHICLE, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY AS TO CONDITION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. THE VEHICLES ARE LEASED "AS IS," "WITH ALL FAULTS." All warranties made by any supplier, vendor and/or manufacturer of a Vehicle are hereby assigned by Lessor to Lessee for the applicable Term and Lessee's only remedy, if any, is against the supplier, vendor or manufacturer of the Vehicle. (c) None of Lessor, Servicer or any other agent of Lessor will be liable to Lessee for any liability, claim, loss, damage (direct, incidental or consequential) or expense of any kind or nature, caused directly or indirectly, by any Vehicle or any inadequacy of any Vehicle for any purpose or any defect (latent or patent) in any Vehicle or the use or maintenance of any Vehicle or any repair, servicing or adjustment of or to any Vehicle, or any delay in providing or failure to provide any Vehicle, or any interruption or loss of service or use of any Vehicle, or any loss of business or any damage whatsoever and however caused. In addition, none of Lessor, Servicer or any other agent of Lessor will have any liability to Lessee under this Agreement or under any order authorization form executed by Lessee if Lessor is unable to locate or purchase a Vehicle ordered by Lessee or for any delay in delivery of any Vehicle ordered by Lessee. 10. RISK OF LOSS: Lessee assumes and agrees to bear the entire risk of loss of, theft of, damage to or destruction of any Vehicle from any cause whatsoever ("Casualty Occurrence"). In the event of a Casualty Occurrence to a Vehicle, Lessee shall give Lessor prompt notice of the Casualty Occurrence and thereafter will place the applicable Vehicle in good repair, condition and working order; provided, however, that if the applicable Vehicle is determined by Lessor to be lost, stolen, destroyed or damaged beyond repair (a "Totaled Vehicle"), Lessee agrees to pay Lessor no later than the date thirty (30) days after the date of the Casualty Occurrence the amounts owed under Sections 3(b) and 3(c) with respect to such Totaled Vehicle. Upon such payment, this Agreement will terminate with respect to such Totaled Vehicle. 11. INSURANCE: (a) Lessee agrees to purchase and maintain in force during the Term, insurance policies in at least the amounts listed below covering each Vehicle, to be written by an insurance company or companies satisfactory to Lessor, insuring Lessee, Lessor and any other person or entity designated by Lessor against any damage, claim, suit, action or liability: (i) Commercial Automobile Liability Insurance (including Uninsured/Underinsured Motorist Coverage and No -Fault Protection where required by law) for the limits listed below (Note - $5,000,000 Combined Single Limit Bodily Injury and Property Damage with No Deductible is required for each Vehicle capable of transporting more than 8 passengers): State of Vehicle Registration Coverage Connecticut, Massachusetts, Maine, New Hampshire, New $1,000,000 Combined Single Limit Bodily Injury and Property Jersey, New York, Pennsylvania, Rhode Island, and Vermont Damage - No Deductible Florida All Other States (ii) Physical Damage Insurance (Collision & Comprehensive): occurrence - Collision and $250 per occurrence - Comprehensive). $500,000 Combined Single Limit Bodily Injury and Property Damage or $100,000 Bodily Injury Per Person, $300,000 Per Occurrence and $50,000 Property Damage (100/300/50) - No Deductible $300,000 Combined Single Limit Bodily Injury and Property Damage or $100,000 Bodily Injury Per Person, $300,000 Per Occurrence and $50,000 Property Damage (100/300/50) - No Deductible Actual cash value of the applicable Vehicle. Maximum deductible of $500 per Initials: EFM Cust Page 2 If the requirements of any governmental or regulatory agency exceed the minimums stated in this Agreement, Lessee must obtain and maintain the higher insurance requirements. Lessee agrees that each required policy of insurance will by appropriate endorsement or otherwise name Lessor and any other person or entity designated by Lessor as additional insureds and loss payees, as their respective interests may appear. Further, each such insurance policy must provide the following: (i) that the same may not be cancelled, changed or modified until after the insurer has given to Lessor, Servicer and any other person or entity designated by Lessor at least thirty (30) days prior written notice of such proposed cancellation, change or modification, (ii) that no act or default of Lessee or any other person or entity shall affect the right of Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns to recover under such policy or policies of insurance in the event of any loss of or damage to any Vehicle and (iii) that the coverage is "primary coverage" for the protection of Lessee, Lessor, Servicer, any other agent of Lessor and their respective successors and assigns notwithstanding any other coverage carried by Lessee, Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns protecting against similar risks. Original certificates evidencing such coverage and naming Lessor, Servicer, any other agent of Lessor and any other person or entity designated by Lessor as additional insureds and loss payees shall be furnished to Lessor prior to the Delivery Date, and annually thereafter and/or as reasonably requested by Lessor from time to time. In the event of default, Lessee hereby appoints Lessor, Servicer and any other agent of Lessor as Lessee's attorney-in-fact to receive payment of, to endorse all checks and other documents and to take any other actions necessary to pursue insurance claims and recover payments if Lessee fails to do so. Any expense of Lessor, Servicer or any other agent of Lessor in adjusting or collecting insurance shall be borne by Lessee. Lessee, its drivers, servants and agents agree to cooperate fully with Lessor, Servicer, any other agent of Lessor and any insurance carriers in the investigation, defense and prosecution of all claims or suits arising from the use or operation of any Vehicle. If any claim is made or action commenced for death, personal injury or property damage resulting from the ownership, maintenance, use or operation of any Vehicle, Lessee will promptly notify Lessor of such action or claim and forward to Lessor a copy of every demand, notice, summons or other process received in connection with such claim or action. (b) Notwithstanding the provisions of Section 11(a) above: (i) if Section 4 of a Schedule includes a charge for physical damage waiver, Lessor agrees that (A) Lessee will not be required to obtain or maintain the minimum physical damage insurance (collision and comprehensive) required under Section 11(a) for the Vehicle(s) covered by such Schedule and (B) Lessor will assume the risk of physical damage (collision and comprehensive) to the Vehicle(s) covered by such Schedule; provided, however, that such physical damage waiver shall not apply to, and Lessee shall be and remain liable and responsible for, damage to a covered Vehicle caused by wear and tear or mechanical breakdown or failure, damage to or loss of any parts, accessories or components added to a covered Vehicle by Lessee without the prior written consent of Lessor and/or damage to or loss of any property and/or personal effects contained in a covered Vehicle. In the event of a Casualty Occurrence to a covered Vehicle, Lessor may, at its option, replace, rather than repair, the damaged Vehicle with an equivalent vehicle, which replacement vehicle will then constitute the "Vehicle" for purposes of this Agreement; and (ii) if Section 4 of a Schedule includes a charge for commercial automobile liability enrollment, Lessor agrees that it will, at its expense, obtain for and on behalf of Lessee, by adding Lessee as an additional insured under a commercial automobile liability insurance policy issued by an insurance company selected by Lessor, commercial automobile liability insurance satisfying the minimum commercial automobile liability insurance required under Section 11(a) for the Vehicle(s) covered by such Schedule. Lessor may at any time during the applicable Term terminate said obligation to provide physical damage waiver and/or commercial automobile liability enrollment and cancel such physical damage waiver and/or commercial automobile liability enrollment upon giving Lessee at least ten (10) days prior written notice. Upon such cancellation, insurance in the minimum amounts as set forth in 11(a) shall be obtained and maintained by Lessee at Lessee's expense. An adjustment will be made in monthly rental charges payable by Lessee to reflect any such change and Lessee agrees to furnish Lessor with satisfactory proof of insurance coverage within ten (10) days after mailing of the notice. In addition, Lessor may change the rates charged by Lessor under this Section 11(b) for physical damage waiver and/or commercial automobile liability enrollment upon giving Lessee at least thirty (30) days prior written notice. 12. INDEMNITY: To the extent permitted by state law, Lessee agrees to defend and indemnify Lessor, Servicer, any other agent of Lessor and their respective successors and assigns from and against any and all losses, damages, liabilities, suits, claims, demands, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) which Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns may incur by reason of Lessee's breach or violation of, or failure to observe or perform, any term, provision or covenant of this Agreement, or as a result of any loss, damage, theft or destruction of any Vehicle or related to or arising out of or in connection with the use, operation or condition of any Vehicle. The provisions of this Section 12 shall survive any expiration or termination of this Agreement. Nothing herein shall be deemed to affect the rights, privileges, and immunities of Lessee and the foregoing indemnity provision is not intended to be a waiver of any sovereign immunity afforded to Lessee pursuant to the law. 13. INSPECTION OF VEHICLES; ODOMETER DISCLOSURE; FINANCIAL STATEMENTS: Lessee agrees to accomplish, at its expense, all inspections of the Vehicles required by any governmental authority during the Term. Lessor, Servicer, any other agent of Lessor and any of their respective successors or assigns will have the right to inspect any Vehicle at any reasonable time(s) during the Term and for this purpose to enter into or upon any building or place where any Vehicle is located. Lessee agrees to comply with all odometer disclosure laws, rules and regulations and to provide such written and signed disclosure information on such forms and in such manner as directed by Lessor. Providing false information or failure to complete the odometer disclosure form as required by law may result in fines and/or imprisonment. Lessee hereby agrees to promptly deliver to Lessor such financial statements and other financial information regarding Lessee as Lessor may from time to time reasonably request. 14. DEFAULT; REMEDIES: The following shall constitute events of default ("Events of Default") by Lessee under this Agreement: (a) if Lessee fails to pay when due any rent or other amount due under this Agreement and any such failure shall remain unremedied for ten (10) days; (b) if Lessee fails to perform, keep or observe any term, provision or covenant contained in Section 11 of this Agreement; (c) if Lessee fails to perform, keep or observe any other term, provision or covenant contained in this Agreement and any such failure shall remain unremedied for thirty (30) days after written notice thereof is given by Lessor, Servicer or any other agent of Lessor to Lessee; (d) any seizure or confiscation of any Vehicle or any other act (other than a Casualty Occurrence) otherwise rendering any Vehicle unsuitable for use (as determined by Lessor); (e) if any present or future guaranty in favor of Lessor of all or any portion of the obligations of Lessee under this Agreement shall at any time for any reason cease to be in full force and effect or shall be declared to be null and void by a court of competent jurisdiction, or if the validity or enforceability of any such guaranty shall be contested or denied by any guarantor, or if any guarantor shall deny that it, he or she has any further liability or obligation under any such guaranty or if any guarantor shall fail to comply with or observe any of the terms, provisions or conditions contained in any such guaranty; (f) the occurrence of a material adverse change in the financial condition or business of Lessee or any guarantor; or (g) if Lessee or any guarantor is in default under or fails to comply with any other present or future agreement with or in favor of Lessor, The Crawford Group, Inc. or any direct or indirect subsidiary of The Crawford Group, Inc.. For purposes of this Section 14, the term "guarantor" shall mean any present or future guarantor of all or any portion of the obligations of Lessee under this Agreement. Upon the occurrence of any Event of Default, Lessor, without notice to Lessee, will have the right to exercise concurrently or separately (and without any election of remedies being deemed made), the following remedies: (a) Lessor may demand and receive immediate possession of any or all of the Vehicles from Lessee, without releasing Lessee from its obligations under this Agreement; if Lessee fails to surrender possession of the Vehicles to Lessor on default (or termination or expiration of the Term), Lessor, Servicer, any other agent of Lessor and any of Lessor's independent contractors shall have the right to enter upon any premises where the Vehicles may be located and to remove and repossess the Vehicles; (b) Lessor may enforce performance by Lessee of its obligations under this Agreement; (c) Lessor may recover damages and expenses sustained by Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns by reason of Lessee's default including, to the extent permitted by applicable law, all costs and expenses, including court costs and reasonable attorneys' fees and expenses, incurred by Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns in attempting or effecting enforcement of Lessor's rights under this Agreement (whether or not litigation is commenced) and/or in connection with bankruptcy or insolvency proceedings; (d) upon written notice to Lessee, Lessor may terminate Lessee's rights Initials: EFM Cust Page 3 under this Agreement; (e) with respect to each Vehicle, Lessor may recover from Lessee all amounts owed by Lessee under Sections 3(b) and 3(c) of this Agreement (and, if Lessor does not recover possession of a Vehicle, (i) the estimated wholesale value of such Vehicle for purposes of Section 3(c) shall be deemed to be $0.00 and (ii) the calculations described in the first two sentences of Section 3(c) shall be made without giving effect to clause (ii) in each such sentence); and/or (f) Lessor may exercise any other right or remedy which may be available to Lessor under the Uniform Commercial Code, any other applicable law or in equity. A termination of this Agreement shall occur only upon written notice by Lessor to Lessee. Any termination shall not affect Lessee's obligation to pay all amounts due for periods prior to the effective date of such termination or Lessee's obligation to pay any indemnities under this Agreement. All remedies of Lessor under this Agreement or at law or in equity are cumulative. 15. ASSIGNMENTS: Lessor may from time to time assign, pledge or transfer this Agreement and/or any or all of its rights and obligations under this Agreement to any person or entity. Lessee agrees, upon notice of any such assignment, pledge or transfer of any amounts due or to become due to Lessor under this Agreement to pay all such amounts to such assignee, pledgee or transferee. Any such assignee, pledgee or transferee of any rights or obligations of Lessor under this Agreement will have all of the rights and obligations that have been assigned to it. Lessee's rights and interest in and to the Vehicles are and will continue at all times to be subject and subordinate in all respects to any assignment, pledge or transfer now or hereafter executed by Lessor with or in favor of any such assignee, pledgee or transferee, provided that Lessee shall have the right of quiet enjoyment of the Vehicles so long as no Event of Default under this Agreement has occurred and is continuing. Lessee acknowledges and agrees that the rights of any assignee, pledgee or transferee in and to any amounts payable by the Lessee under any provisions of this Agreement shall be absolute and unconditional and shall not be subject to any abatement whatsoever, or to any defense, setoff, counterclaim or recoupment whatsoever, whether by reason of any damage to or loss or destruction of any Vehicle or by reason of any defect in or failure of title of the Lessor or interruption from whatsoever cause in the use, operation or possession of any Vehicle, or by reason of any indebtedness or liability howsoever and whenever arising of the Lessor or any of its affiliates to the Lessee or to any other person or entity, or for any other reason. Without the prior written consent of Lessor, Lessee may not assign, sublease, transfer or pledge this Agreement, any Vehicle, or any interest in this Agreement or in and to any Vehicle, or permit its rights under this Agreement or any Vehicle to be subject to any lien, charge or encumbrance. Lessee's interest in this Agreement is not assignable and cannot be assigned or transferred by operation of law. Lessee will not transfer or relinquish possession of any Vehicle (except for the sole purpose of repair or service of such Vehicle) without the prior written consent of Lessor. 16. MISCELLANEOUS: This Agreement contains the entire understanding of the parties. This Agreement may only be amended or modified by an instrument in writing executed by both parties. Lessor shall not by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies under this Agreement and no waiver whatsoever shall be valid unless in writing and signed by Lessor and then only to the extent therein set forth. A waiver by Lessor of any right or remedy under this Agreement on any one occasion shall not be construed as a bar to any right or remedy, which Lessor would otherwise have on any future occasion. If any term or provision of this Agreement or any application of any such term or provision is invalid or unenforceable, the remainder of this Agreement and any other application of such term or provision will not be affected thereby. Giving of all notices under this Agreement will be sufficient if mailed by certified mail to a party at its address set forth below or at such other address as such party may provide in writing from time to time. Any such notice mailed to such address will be effective one (1) day after deposit in the United States mail, duly addressed, with certified mail, postage prepaid. Lessee will promptly notify Lessor of any change in Lessee's address. This Agreement may be executed in multiple counterparts (including facsimile and pdf counterparts), but the counterpart marked "ORIGINAL" by Lessor will be the original lease for purposes of applicable law. All of the representations, warranties, covenants, agreements and obligations of each Lessee under this Agreement (if more than one) are joint and several. 17. SUCCESSORS AND ASSIGNS; GOVERNING LAW: Subject to the provisions of Section 15, this Agreement will be binding upon Lessee and its heirs, executors, personal representatives, successors and assigns, and will inure to the benefit of Lessor, Servicer, any other agent of Lessor and their respective successors and assigns. This Agreement will be governed by and construed in accordance with the substantive laws of the State of Missouri (determined without reference to conflict of law principles). 18. NON -PETITION: Each party hereto hereby covenants and agrees that, prior to the date which is one year and one day after payment in full of all indebtedness of Lessor, it shall not institute against, or join any other person in instituting against, Lessor any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings or other similar proceeding under the laws of the United States or any state of the United States. The provisions of this Section 18 shall survive termination of this Master Equity Lease Agreement. 19. NON -APPROPRIATION: Lessee's funding of this Agreement shall be on a Fiscal Year basis and is subject to annual appropriations. Lessor acknowledges that Lessee is a municipal corporation, is precluded by the County or State Constitution and other laws from entering into obligations that financially bind future governing bodies, and that, therefore, nothing in this Agreement shall constitute an obligation of future legislative bodies of the County or State to appropriate funds for purposes of this Agreement. Accordingly, the parties agree that the lease terms within this Agreement or any Schedules relating hereto are contingent upon appropriation of funds. The parties further agree that should the County or State fail to appropriate such funds, the Lessor shall be paid all rentals due and owing hereunder up until the actual day of termination. In addition, Lessor reserves the right to be paid for any reasonable damages. These reasonable damages will be limited to the losses incurred by the Lessor for having to sell the vehicles on the open used car market prior to the end of the scheduled term (as determined in Section 3 and Section 14 of this Agreement). IN WITNESS WHEREOF, Lessor and Lessee have duly executed this Master Equity Lease Agreement as of the day and year first above written LESSEE: City of Beaumont LESSOR: Enterprise FM Trust By: Enterprise Fleet Management, Inc., its attorney in fact By: Laura Clark By: Todd Rogers Title: Chief Financial Officer Title: Regional Sales Manager Address: 801 Main Street, Suite 320 Address: 10401 Centrepark Drive #200 Beaumont, TX 77704 Houston, TX 77043 Date Signed: Date Signed Initials: EFM Cust Page 4 AMENDMENT TO MASTER EQUITY LEASE AGREEMENT THIS AMENDMENT ("Amendment") dated this day of September, 2016 is attached to, and made a part of, the MASTER EQUITY LEASE AGREEMENT entered into on the day of September, 2016 ("Agreement") by and between Enterprise FM Trust, a Delaware statutory trust ("Lessor") and City of Beaumont ("Lessee"). This Amendment is made for good and valuable consideration, the receipt of which is hereby acknowledged by the parties. Section 3(a) of the Master Equity Lease Agreement is amended to read as follows Lessee agrees to pay Lessor monthly rental and other payments according to the Schedules and this Agreement. The monthly payments will be in the amount listed as the "Total Monthly Rental Including Additional Services" on the applicable Schedule (with any portion of such amount identified as a charge for maintenance services under Section 4 of the applicable Schedule being payable to Lessor as agent for Enterprise Fleet Management, Inc.) and will be due and payable on the first day of each month. If a Vehicle is delivered to Lessee on any day other than the first day of a month, monthly rental payments will begin on the first day of the next month. In addition to the monthly rental payments, Lessee agrees to pay Lessor a pro -rated rental charge for the number of days that the Delivery Date precedes the first monthly rental payment date. A portion of each monthly rental payment, being the amount designated as "Depreciation Reserve" on the applicable Schedule, will be considered as a reserve for depreciation and will be credited against the Delivered Price of the Vehicle for purposes of computing the Book Value of the Vehicle under Section 3(c). Lessee agrees to pay Lessor the "Total Initial Charges" set forth in each Schedule on the due date of the first monthly rental payment under such Schedule. Lessee agrees to pay Lessor the "Service Charge Due at Lease Termination" set forth in each Schedule at the end of the applicable Term (whether by reason of expiration, early termination or otherwise). Section 3(d) of the Master Equity Lease Agreement is deleted in its entirety and replaced with the following in lieu thereof: A security deposit will not be required Section 3(e) of the Master Equity Lease Agreement is deleted in its entirety and replaced with the following in lieu thereof: Any rental payment or other amount owed by Lessee to Lessor which is not paid within thirty (30) days after its due date will accrue interest in accordance with Section 2251.025 of the Texas Government Code. Section 3(g) of the Master Equity Lease Agreement is amended to add the following additional paragraph: In the event Lessee notifies Lessor of any claim or dispute under this Agreement, and/or any claim involving the Vehicle, Lessor will, in good faith, attempt to resolve the Lessee's claims in a manner satisfactory to all parties and Lessor will provide commercially reasonable assistance to Lessee in any communications and/or negotiations with the Vehicle's manufacturer with respect to claims relating to such Vehicle. Nothing contained within this Agreement will waive the rights of the Lessee to file a claim. Section 4 of the Master Equity Lease Agreement is amended to read as follows: Lessee agrees to allow only duly authorized, licensed and insured drivers to use and operate the Vehicles. Lessee agrees to comply with, and cause its drivers to comply with, all laws, statutes, rules, regulations and ordinances and the provisions of all insurance policies affecting or covering the Vehicles or their use or operation. Lessee agrees to keep the Vehicles free of all liens, charges and encumbrances. Lessee agrees that in no event will any Vehicle be used or operated for transporting hazardous substances or persons for hire, for any illegal purpose or to pull trailers that exceed the manufacturer's trailer towing recommendations. Lessee agrees that no Vehicle is intended to be or will be utilized as a "school bus" as defined in the Code of Federal Regulations or any applicable state or municipal statute or regulation. Lessee agrees not to remove any Vehicle from the continental United States without first obtaining Lessor's written consent. At the expiration or earlier termination of this Agreement with respect to each Vehicle, or upon demand by Lessor made pursuant to Section 14, Lessee at its risk and expense agrees to return such Vehicle to Lessor at such place as mutually agreed upon by Lessor and Lessee and by such reasonable means as may be designated by Lessor. If for any reason Lessee fails to return any Vehicle to Lessor as and when required in accordance with this Section, Lessee agrees to pay Lessor rent for such Vehicle at the normal pro -rated daily rent. Acceptance of such rent by Lessor will in no way limit Lessor's remedies with respect to Lessee's failure to return any Vehicle as required hereunder. EXHIBIT "B" Section 5 of the Master Equity Lease Agreement is amended to read as follows: Lessee agrees to pay all costs, expenses, fees, charges, fines, tickets, penalties and non-exempt taxes (other than federal and state income taxes on the income of Lessor) incurred in connection with the titling, registration, delivery, purchase, sale, rental, use or operation of the Vehicles during the Term. If Lessor, Servicer or any other agent of Lessor incurs any such costs or expenses, Lessee agrees to promptly reimburse Lessor for the same. Section 12 of the Master Equity Lease Agreement is deleted in its entirety and replaced with the following in lieu thereof: INDEMNITY: As Lessee is a unit of local government of the State of Texas and is subject to, and comply with, the applicable provisions of the Texas Tort Claims Act, as set out in Civil Practices and Remedies Code, Section 101.001 et. seq. and the remedies authorized therein regarding claims or causes of action that may be asserted by breach of this Agreement, Lessee agrees to defend and indemnify Lessor, Servicer, any other agent of Lessor and their respective successors and assigns from and against any and all losses, damages, liabilities, suits, claims, demands, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) which Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns may incur by reason of Lessee's breach or violation of, or failure to observe or perform, any term, provision or covenant of this Agreement, or as a result of any loss, damage, theft or destruction of any Vehicle or related to or arising out of or in connection with the use, operation or condition of any Vehicle. The provisions of this Section 12 shall survive any expiration or termination of this Agreement. Nothing herein shall be deemed to affect the rights, privileges, and immunities of Lessee and the foregoing indemnity provision is not intended to be a waiver of any sovereign immunity afforded to Lessee pursuant to Texas law. Section 13 of the Master Equity Lease Agreement is amended to read as follows: Lessee agrees to accomplish, at its expense, all inspections of the Vehicles required by any governmental authority during the Term. Lessor, Servicer, any other agent of Lessor and any of their respective successors or assigns will have the right to inspect any Vehicle at any reasonable time(s) upon prior written notice, during regular business hours, and with a City's representative during the Term and for this purpose to enter into or upon any building or place where any Vehicle is located. Lessee agrees to comply with all odometer disclosure laws, rules and regulations and to provide such written and signed disclosure information on such forms and in such manner as directed by Lessor. Providing false information or failure to complete the odometer disclosure form as required by law may result in fines and/or imprisonment. Lessee hereby agrees to promptly deliver to Lessor such financial statements and other financial information regarding Lessee as Lessor may from time to time reasonably request. Section 14(a) first paragraph of the Master Equity Lease Agreement is amended to read as follows: if Lessee fails to pay when due any rent or other amount due under this Agreement and any such failure shall remain unremedied for twenty (20) days; Section 14 second paragraph of the Master Equity Lease Agreement is amended to read as follows: Upon the occurrence of any Event of Default, Lessor, without notice to Lessee, will have the right to exercise concurrently or separately (and without any election of remedies being deemed made), the following remedies: (a) Lessor may demand and receive immediate possession of any or all of the Vehicles from Lessee, without releasing Lessee from its obligations under this Agreement; if Lessee fails to surrender possession of the Vehicles to Lessor on default (or termination or expiration of the Term), Lessor, Servicer, any other agent of Lessor and any of Lessor's independent contractors shall have the right to enter upon any premises where the Vehicles may be located and to remove and repossess the Vehicles when accompanied by the designated City representative, (b) Lessor may enforce performance by Lessee of its obligations under this Agreement; (c) Lessor may recover damages and expenses sustained by Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns by reason of Lessee's default including, to the extent required under Section 2251 of the Texas Government Code or other applicable law, all costs and expenses, including court costs and reasonable attorneys' fees and expenses, incurred by Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns in attempting or effecting enforcement of Lessor's rights under this Agreement (whether or not litigation is commenced) and/or in connection with bankruptcy or insolvency proceedings; (d) upon written notice to Lessee, Lessor may terminate Lessee's rights under this Agreement; (e) with respect to each Vehicle, Lessor may recover from Lessee all amounts owed by Lessee under Sections 3(b) and 3(c) of this Agreement (and, if Lessor does not recover possession of a Vehicle, (i) the estimated wholesale value of such Vehicle for purposes of Section 3(c) shall be deemed to be $0.00 and (ii) the calculations described in the first two sentences of Section 3(c) shall be made without giving effect to clause (ii) in each such sentence); and/or (f) Lessor may exercise any other right or remedy which may be available to Lessor under the Uniform Commercial Code, any other applicable Texas law or in equity. A termination of this Agreement shall occur only upon written notice by Lessor to Lessee. Any termination shall not affect Lessee's obligation to pay all amounts due for periods prior to the effective date of such termination or Lessee's obligation to pay any responsibilities under this Agreement. All remedies of Lessor under this Agreement or at law or in equity are cumulative. Section 15 of the Master Equity Lease Agreement is amended to read as follows Lessor may from time to time assign, pledge or transfer this Agreement and/or any or all of its rights and obligations under this Agreement to any person or entity. Lessee agrees, upon notice of any such assignment, pledge or transfer of any amounts due or to become due to Lessor under this Agreement to pay all such amounts to such assignee, pledgee or transferee. Any such assignee, pledgee or transferee of any rights or obligations of Lessor under this Agreement will have all of the rights and obligations that have been assigned to it. Lessee's rights and interest in and to the Vehicles are and will continue at all times to be subject and subordinate in all respects to any assignment, pledge or transfer now or hereafter executed by Lessor with or in favor of any such assignee, pledgee or transferee, provided that Lessee shall have the right of quiet enjoyment of the Vehicles so long as no Event of Default under this Agreement has occurred and is continuing. Lessee acknowledges and agrees that the rights of any assignee, pledgee or transferee in and to any amounts payable by the Lessee under any provisions of this Agreement shall be absolute and unconditional and shall not be subject to any abatement whatsoever, or to any defense, setoff, counterclaim or recoupment whatsoever, whether by reason of any damage to or loss or destruction of any Vehicle or by reason of any defect in or failure of title of the Lessor or interruption from whatsoever cause in the use, operation or possession of any Vehicle, or by reason of any indebtedness or liability howsoever and whenever arising of the Lessor or any of its affiliates to the Lessee or to any other person or entity, or for any other reason , provided, however, that no such assignment, pledge or transfer shall relieve Lessor or Servicer from any of their obligations under this Agreement. In the event Lessee notifies Lessor of any claim or dispute under this Agreement, and/or any claim involving the Vehicle, Lessor will, in good faith, attempt to resolve the Lessee's claims in a manner satisfactory to all parties and Lessor will provide commercially reasonable assistance to Lessee in any communications and/or negotiations with the Vehicle's manufacturer with respect to claims relating to such Vehicle. Nothing contained within this Agreement will waive the rights of the Lessee to file any claim. Section 17 of the Master Equity Lease Agreement is amended to read as follows: Subject to the provisions of Section 15, this Agreement will be binding upon Lessee and its heirs, executors, personal representatives, successors and assigns, and will inure to the benefit of Lessor, Servicer, any other agent of Lessor and their respective successors and assigns. This Agreement will be governed by and construed in accordance with the substantive laws of the State of Texas (determined without reference to conflict of law principles). The venue and jurisdiction of all disputes shall lie exclusively in Jefferson County, Texas. Section 19 of the Master Equity Lease Agreement is amended to read as follows: NON -APPROPRIATION: Lessee's funding of this Agreement shall be on a Fiscal Year basis and is subject to annual appropriations. Lessor acknowledges that Lessee is a municipal Corporation, and being a unit of government, is precluded by the Texas State Constitution and other laws from entering into obligations that financially bind future governing bodies, and that, therefore, nothing in this Agreement shall constitute an obligation of future legislative bodies of the City to appropriate funds for purposes of this Agreement. Accordingly, the parties agree that the lease terms within this Agreement or any Schedules relating hereto are contingent upon appropriation of funds by the City. The parties further agree that should the City fail to appropriate such funds, the Lessor shall be paid all rentals due and owing hereunder up until the actual day of termination. In addition, the parties agree that Lessor may recover the losses incurred by the Lessor for having to sell the vehicles on the open used car market prior to the end of the scheduled term (as determined in Section 3 and Section 14 of this Agreement). All references in the Agreement and in the various Schedules and addenda to the Agreement and any other references of similar import shall henceforth mean the Agreement as amended by this Amendment. Except to the extent specifically amended by this Amendment, all of the terms, provisions, conditions, covenants, representations and warranties contained in the Agreement shall be and remain in full force and effect and the same are hereby ratified and confirmed. IN WITNESS WHEREOF, Lessor and Lessee have executed this Amendment to Master Equity Lease Agreement as of the day of September, 2016. City of Beaumont (Lessee) Enterprise FM Trust (Lessor) By: Enterprise Fleet Management, Inc., its attorney in fact By. Title: By E64 September 27, 2016 Consider amending the FY 2016 Budget related to the Capital Reserve Fund BEAU-` 0 T E X A S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: I.. @1190 ' 114L,1� City Council Kyle Hayes, City Manager Laura Clark, Chief Financial Officer September 27, 2016 Council consider an ordinance amending the FY 2016 Budget related to the Capital Reserve Fund. In accordance with Article VI of the City Charter, the City Manager shall strictly enforce the provisions of the budget as specified in the ordinance adopting the budget. He shall not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget, and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. Approving the proposed amendment will ensure that expenditures are within the approved budget. The details of the amendment are as follows: On August 23, 2016, City Council approved the payoff of The Beaumont Yacht Club, Inc.'s Small Business Administration loan in the amount of $464,677.92. The payment will be offset by the proceeds from the sale of the property. The Capital Reserve Fund needs to appropriate $465,000 of additional expenditures to account for the payment. There is sufficient fund balance to cover this proposed amendment. Capital Reserve Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $ 4,088,800 $ 465,000 $ 4,553,800 FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2016 TO APPROPRIATE ADDITIONAL EXPENDITURES IN THE CAPITAL RESERVE FUND; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS, the City Charter of the City of Beaumont requires the City Manager to strictly enforce the provisions of the budget and not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred; and WHEREAS, it is necessary to amend the FY 2016 budget to ensure that appropriations are sufficient to ensure that expenditures are authorized within the approved budget; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2015 through September 30, 2016, be and the same is hereby amended to appropriate additional expenditures in the Capital Reserve Fund as shown below: Capital Reserve Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $ 4,088,800 $ 465,000 $ 4,553,800 Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance and, to such end, the various portions and provisions of this ordinance are declared to be severable. SPrfinn 'I That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of September, 2016. - Mayor Becky Ames — PUBLIC HEARING Receive comments related to the City's Emergency Management Plan BEAUMONT Emergency Management EMERGENCY MANAGEMENT PLAN Legal Background o Government Code 418 requires the City to have a plan e requires an annual public review of non - sensitive portions of the plan EMERGENCY MANAGEMENT PLAN ► Posted for several years now on the City website. ► Emergency Management personnel contact information is on the EM webpage for questions or feedback regarding the plan. 0 EMERGENCY MANA' GEMENT INVOLVEMENT Major Incidents Marshall Middle School CO Incident Several HAZMAT incidents on Highways Support for Orange County Flood Support for Fort Bend County Flood (IMT) Major Events a01r,41-41 _ ;,.,,,,.._.........� b Gusher Marathon Gift of Life Color Run Cops and Kids 3 Ride for the Blue Rall Exercises 2 i .1 Operational Readiness Exercise Mass Fatality Workshop and Exercise Regional Notification Exercise High Consequence Infectious Disease and Exercise Grant Management / Mass Casualty Workshop EMERGENCY MANAGEMENT PLANNING o Updated multiple Annexes to the Emergency Operations Plan o Currently working with SETRPC and regional partners to complete the 5 Year Hazard Mitigation Plan update (completion date Dec. 2016) Focus for FYI 7 Planning is C1KR protection and continuity of operations Community wide planning teams Significant outreach programs encouraging preparedness and cell phone registration EMERGENCY MANAGEMENT TRAINING Provided and/or hosted training in aspects of the EM Plan, including: hazmat, explosives, radiological, incident command system, web management system, and other training to City and and non -City personnel from around the State Public Information Workshop o 50+ classes and 800+ students so far in 2016 o Facilitated incidents, After Action Reviews on the major events, and exercises EMERGENCY NOTIFICATIONS and AWARENESS o Incident related information posted on beaumonttexas.gov public safety website o Access to online free FEMA training, emergency planning templates, and other direct links posted on the Emergency Management webpage Cell Phone registration! K Call 311 or click on webpage link 0�-V BEA a=AUiIQNT4C Uti 1 Gjc� HE�.Qti' Emergency Management Plan Outreach on EM Webpage ► Community Awareness Programs available to include: Skywarn; Community Active Shooter; Emergency Information and Planning; Public Safety Awareness; Shelter -in - Place, Bomb Threats; general emergency management; ► Emergency Plan templates and samples ► Evacuation Checklist & Tips ► Go Kit Checklist ► Household insurance inventory Questions? WORK SESSION Review and discuss the possibility of constructing a hard surface soccer court at Central Park WORK SESSION Review and discuss the City's Emergency Management Plan