HomeMy WebLinkAboutPACKET JAN 09 2018BEAUMONT
- T'EXAS
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JANUARY 9, 2018 1:30 P.M.
CK�]�F.y�►Y II:�I��� 17_x]
Approval of minutes — December 19, 2017
Confirmation of board and commission member appointments
A. Approve an annual contract with Piney Woods Sanitation, Inc. for the pickup of refuse
containers at various City facilities
B. Approve a proposal submitted by Air Comfort, Inc. to replace air handler No. 5 at the
Police Department Facility located at 255 College Street
C. Approve the purchase of 36 tablet computers from DELL for use in the Police
Department
D. Approve the City of Beaumont Investment Policy
E. Authorize the City Manager, or his designee, to reenter into a Cooperative Working
Agreement with the Rape and Suicide Crisis Center of Southeast Texas, Inc.
F. Authorize the City Manager to execute all documents necessary for a Rollover
Agreement between the City of Beaumont and City Ambulance Service
G. Authorize the City Manager to apply for and receive funding through U.S. Department of
Homeland Security, 2018 Emergency Management Performance Grant program
H. Approve a resolution appointing members to the Beaumont Youth Advisory Council
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: January 9, 2018
REQUESTED ACTION: Council consider a resolution approving an annual contract with
Piney Woods Sanitation, Inc. of Huntington Texas for the pickup of
refuse containers at various City facilities.
BACKGROUND
Refuse container and collection services are required at forty (40) sites throughout the City. The
size of refuse containers required range from two (2) to ten (10) cubic yards, and the collection
frequency rates range from one (1) to four (4) per week.
Bids were requested from four (4) vendors; two (2) responded. The lowest qualified bid with an
estimated annual cost of $119,608.80 was received from Piney Woods Sanitation, Inc. This
represents an approximate forty-two percent (42%) increase over the previous three year contract.
Specifications allow for a twelve (12) month contract with the option of two (2) renewals of twelve
(12) month terms at the same pricing as the awarded contract and state the size, location, and
frequency of collection currently under contract. Also, they allow the City to add or delete
containers and change locations or container sizes as needed. The bid also requested monthly rates
for additional containers on an as needed basis such as special events or cleanup following a
hurricane. Republic Services has the current contract. Bid tabulation is attached.
FUNDING SOURCE
In fiscal year 2017, the General Fund incurred 90% of the cost and the other 10% was incurred by
6 other funds.
RECOMMENDATION
Approval of the resolution.
BEAUMONT
TEXAS
CITY OF BEAUMONT, BEAUMONT, TEXAS
PURCHASING DIVISION BID TABULATION
Bid Name: ANNUAL CONTRACT FOR CONTAINER & SOLID WASTE COLLECTION
Bid Number: TF1 118-11
Bid Opening: Thursday, December 14, 2017
Contact Person: Terry Welch, Senior Buyer
terrv.welch(aD-beaumonttexas.gov
Phone: 409-880-3107
`
-
MONTHLY QHARGE'
VENDOR: PINEY WOODS SANITATION, INC.
CONTAINER
1 /WEEK
21WEEK
31WEEK
41WEEK
51WEEK
61WEEK
2 YD
$ 55.90
$
111.80
$
175.35
$
246.00
$
307.00
$
369.00
4 YD
$ 68.80
$
137.60
$
216.30
$
302.00
$
378.40
$
453.20
6 YD
$ 77.40
$
154.80
$
262.50
$
339.00
$
426.00
$
510.40
8 YD
$ 103.20
$
206.40
$
309.60
$
412.80
$
567.60
$
681.20
10 YD
$ 129.00
$
258.00
$
387.00
$
516.00
$
709.00
$
852.00
TOTAL MONTHLY BID:
9,967.40
TOTAL ANNUAL BID: $ 119,608.80
VENDOR: ATE MANAGEMENT
CONTAINER
1 WEEK
21WEEK
31WEEK
41WEEK
51WEEK
6/WEEK
2 YD
$ 40.00
$
56.00
$
84.00
$
113.00
$
141.00
$
169.00
4 YD
$ 56.00
$
113.00
$
169.00
$
225.00
$
281.00
$
338:00
6 YD
$ 84.00
$
169.00
$
253.00
$
338.00
$
422.00
$
507.00
8 YD
$ 113.00
$
225.00
$
338.00
$
450.00
$
563.00
$
675.00
10 YD
$ 141.00
$
282.00
$
423.00
$
563.00
$
704.00
$
845.00
TOTAL MONTHLY BID: $ 10,614.00
TOTAL ANNUAL BID: $ 127,368.00
VENDOR
Piney Woods
Waste Mgt
FACILITY
SIZE(YD)
QTY
COLLECT
MONTHLY
MONTHLY
PRICE
PRICE
Alice Keith Park
6
1
2
$ 154.80
$ 169.00
4050 Reed St.
Animal Services
6
1
1
$ 77.40
$ 84.00
1884 Pine
Art League
2
1
1
$ 55.90
$ 40.00
2600 Gulf
Art Museum of Southeast Tex
6
1
2
$ 154.80
$ 169.00
500 Main St.
Athletic Complex
10
4
2
$ 1,032.00
$ 1,128.00
950 Lan ham Rd.
Babe Zaharias Park
8
2
2
$ 412.80
$ 450.00
1750 E. IH -10
Best Years Center
10
1
1
th
$ 129.00
$ 141.00
780S.4 St.
Charlton Pollard Park
10
1
1
$ 68.80
$ 56.00
2025 Sabine Pass
City Hall
4
1
1
$ 387.00
$ 423.00
801 Main St.
Civic Center
10
1
3
$ 1,548.00
$ 1,689.00
701 Main St.
Collier's Ferry Park
10
3
4
$ 129.00
$ 141.00
5390 Pine St.
CVB
10
1
1
$ 77.40
$ 84.00
505 Willow
EMS Med #2
6
1
1
3020 Municipal Dr.
$ 129.00
$ 141.00
Event Centre
10
2
3
$ 774.00
$ 846.00
700 Crockett
Facility Maintenance
10
1
1
$129.00
$ 141.00
1848 Pine St.
Fleet Fire Maintenance
2
1
2
$ 111.80
$ 56.00
1125 Archie
Fleet Management
4
1
2
$ 137.60
$ 113.00
4955 Lafm Rd
Fleet Maintenance
2
1
2
$ 111.80
$ 56.00
4955 Lafin Rd
Fire Hea quarters mm
Bldg
8
1
1
$ 103.20
$ 113.00
400 Walnut
Fire Station #1
4
2
1
$ 137.60
$ 112.00
747 College St.
Health UTMB
10
1
1
$ 129.00
$ 141.00
950 Washington
Imagination Station
8
1
2
$ 206.40
$ 225.00
2925 Fannin
Henry Homberg Golf Course
6
1
2
$ 154.80
$ 169.00
5950 Babe Zaharias
North End Community Center
8
1
2
$ 206.40
$ 225.00
3580 E. Lucas
Municipal Airport
6
1
1
$ 77.40
$ 84.00
455 Keith Rd
Municipal Court
10
1
2
$ 258.00
$ 282.00
700 Orleans
Parks Operation Center
10
1
1
$ 129.00
$ 141.00
1370 Lanam
Police Station
8
1
3
255 College St.
$ 309.60
$ 338.00
Police Family Violence
2
1
1
790 Orleans
$ 55.90
$ 40.00
Police Narcotics/SSD
8
1
1
5250 Washington
$ 103.20
$ 113.00
Pruitt Activity Center
10
1
2
2855 Magnolia
$ 258.00
$ 282.00
Public Health Department
10
1
2
$ 258.00
$ 282.00
3040 College St.
Rogers Park
8
1
4
1455 Dowlen Rd.
$ 412.80
$ 450.00
Sprott Park
8
1
2
4325 Usan St.
$ 206.40
$ 225.00
Tennis Center
6
1
1
6455 W. College St.
$ 77.40
$ 84.00
Tyrrell Park Garden Center
10
2
2
5305 Tyrrell Park Rd.
$ 516.00
$ 564.00
Tyrrell Park Tree Farm
8
1
2
5305 TTyrrell Park Rd.
$ 206.40
$ 225.00
Sign Shop
8
2
1
2610 Concord
$ 206.40
$ 226.00
Water Production
1550 Pine
10
1
1
$ 129.00
$ 141.00
Water Utilities
8
1
2
$ 206.40
$ 225.00
1350 Lanam
RESOLUTION NO.
WHEREAS, bids were solicited for an annual contract, with the option of two (2)
renewals of twelve (12) month terms at the same pricing as the awarded contract and
state the size, location, and frequency of collection currently under contract for container
and solid waste collections; and,
WHEREAS, Piney Woods Sanitation, Inc., of Huntington, Texas, submitted a bid
in the estimated amount of $119,608.80; and,
WHEREAS, City Council is of the opinion that the bid submitted by Piney Woods
Sanitation, Inc. is the most advantageous to the City and 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 Piney Woods Sanitation, Inc., of Huntington, Texas,
in the estimated amount of $119,608.80 for container and solid waste collections at forty
(40) City facilities be accepted by the City of Beaumont; and,
BE IT FURTHER RESOLVED THAT the City Manager is authorized to execute a
contract with Piney Woods Sanitation, Inc., of Huntington, Texas, in the estimated
amount of $119,608.80 for the purposes described herein.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of
January, 2018.
- Mayor Becky Ames -
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Keith Folsom, Facilities Maintenance Director
MEETING DATE: January 9, 2018
REQUESTED ACTION: Council consider a resolution approving a proposal submitted by
Air Comfort, Inc. to replace air handler No. 5 at the Police
Department Facility located at 255 College Street.
BACKGROUND
Pricing was obtained from Air Comfort Incorporated utilizing the current Maintenance Contract
between Air Comfort and the City of Beaumont. The HVAC Contract allows Air Comfort, Inc.,
at the request of the Facilities Maintenance Department, to perform maintenance, repair, and
equipment installation on a time and material basis as set forth in the Maintenance Contract. The
HVAC Maintenance Contract was approved by the City Council on December 12, 2017 by
Resolution No. 17-259. The cost to replace air handler No. 5, including the. proposed scope of
work listed on the contractor's proposal, will be a not to exceed amount of $84,480.00.
The Police Department air handler was originally installed in 1974. The air handler is 43 years
old and is experiencing metal fatigue and oxidation issues. Air Handler No. 5 supplies air to the
west half of the Lower Level. The new air handler will have a variable drive control module
which will increase the overall efficiency of the system compared to the old unit.
FUNDING SOURCE
Capital Reserve.
RECOMMENDATION
Approval of the resolution.
AIR C0MF0RT
INC OR PO RATE 0
April 18, 2016 (revised 12/14/2017)
City Of Beaumont
Beaumont, Texas 77701
Subject:
Proposal Number:
AHU #5 Police Station
C04254
PROPOSAL
Air Comfort, Inc. is pleased to submit estimates for equipment, material,
and/or services on the above subject:
ITEM
QTY
1
I10=041 TI1� 61
Carrier 39 MN series central station indoor modular AHU
o Welded angle iron equipment frame
o Safety drain pan under coil section
o Unit size 17
o Mixing box with dampers
o Factory installed VFD
o Multi -zone damper
2 1 lot Labor and materials to remove existing, install replacement
unit, re -pipe chilled water and hot water piping, insulate all new
water piping, replace duct transition, start-up
HVAC Estimated PRICING $84,480.00
(tax not included)
LIMUED WARRANTY
Air Comfort Inc. will warranty equipment and materials for a period of one year against
Mechanical failure or faulty workmanship. Air Comfort Inc. will not be responsible for any existing
equipment or materials not installed by our company or in accordance with city or state codes. Air Comfort
Inc. warranty calls will be scheduled between 8:00am and 5:00pm Monday thru Friday. Air Comfort Inc.
will not be responsible for acts of god, flooding, fire or neglect.
Int.
P O Box 1549- Beaumont, Texas 77704-1549 o Phone: 409.833.5665- Fax: 409.833.3001 d air-comfort-inc.com
HVAC/R * Controls,*, Pardus 4, Sheet Metal Fabrication
TACLA006368C
Certified Refrigerant Techiddan per 40CFR Part 82, Subpml F., CenjOcale # 467551266
Regulaled by 11w Teras Depwlmenl of Licewing and Registration PO Boz 12157, Awfin 7X 787111-800-803-9202
AIR COMFORT
I N C O R P O R A T E D
TERMS & CONDITIONS OF PAYMENT
1. Payment is due upon receipt of invoice.
2. 1.5 % interest per month (18% APR) will be charged after 90 days from billing date.
3. Accepted orders may be canceled with Seller's written consent. Buyer agrees to pay Seller all expenses
incurred on account of such cancellation plus a reasonable profit.
4. All funds to be paid to Air Comfort, Inc. are payable in Beaumont, Texas, Jefferson County, Texas.
X
Customer Approval Date PO #
NOTES AND EXCLUSIONS
AIR COMFORT, INC. IS NOT RESPONSIBLE FOR THE FOLLOWING:
• Electrical upgrades, service wiring, control wiring, breakers, or motor starters outside of
above scope of work.
• Carpentry work and or any painting
• Items not specified in this proposed quote.
• Work specified by customer not in accordance with manufacturer specifications.
• Air Comfort Inc. will not be responsible for any roofing repairs.
• Cutting, burning, and welding
• Smoke and fire detectors and interconnecting wiring or controls
Should you have any question, please contact me at my office phone #409-833-5665
Best Regards,
Alan Johansson
Industrial Sales Manager
Cell:(409) 299-2795
E -Mail: a.johansson@air-confort-inc.cona
P O Box 1549- Beaumont, Texas 77704-1549 o Phone: 409.833.5665- Fax 409.833.3001 o air-comfort4nc.com
HVAC/R � Controls * Parts m Sheet Metal Fabrication
TACLA006368C
Certified Refrigerant Technician per 40CFR Part 81, Subpart F. Ceoly1cate # 467551166
Regulated by the Texas Department oJLkensing and Registration PO Box 11157, Austin 7X 787111-800-803-9202
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the proposal for the replacement of air handler
No. 5 at the Police Department Facility located at 255 College Street from Air Comfort,
Inc., of Beaumont, Texas, in an amount not to exceed $84,480.00. Pricing was obtained
from Air Comfort, Inc. pursuant to the current Maintenance Contract between Air
Comfort, Inc. and the City of Beaumont.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of
January, 2018.
- Mayor Becky Ames -
c
BEAUMONT
TEXAS
TO:
FROM:
PREPARED BY:
MEETING DATE:
REQUESTED ACTION:
City Council
Kyle Hayes, City Manager
Bart Bartkowiak, Chief Technology Officer
January 9, 2018
Council consider a resolution approving the purchase of 36 tablet
computers from DELL for use in the Police Department.
Pricing was obtained through the State of Texas Department of Information (DIR). DIR
provides cities and political subdivisions with the means to purchase information technology at
volume prices contracted under the procurement statutes of the State of Texas.
The Police department currently uses rugged laptop mobile computers for writing reports,
receiving dispatch call information, running criminal histories, and providing automatic vehicle
location to dispatch in the patrol units. The current hardware is end of life and will cost
$80,347.68 to replace. The new rugged tablet system will provide better performance, speed,
portability, free up space in the vehicles, as well as be a more user-friendly system.
Multiple vendor solutions were tested by Police and IT. The DELL tables were selected as the
best option.
Three (3) years of hardware maintenance and support is included in the purchase.
FUNDING SOURCE
Capital Reserve.
RECOMMENDATION
Approval of the resolution
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of thirty-six (36) tablet computers
for use by the Police Department from DELL, of Round Rock, Texas, through the State
of Texas Department of Information Resources (DIR) contract, in the amount of
$80,347.68.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of
January, 2018.
- Mayor Becky Ames -
51
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: January 9, 2018
REQUESTED ACTION: Council consider a resolution approving the City of Beaumont
Investment Policy.
BACKGROUND
State law mandates the City Council to review the Investment Policy and approve modifications,
if any, on an annual basis. The City last made amendments to the Investment Policy on May 10,
2016 through resolution 16-082. A modification is being proposed to the broker/dealer list
shown in exhibit B of the investment policy.
FTN Financial, a division of First Tennessee Bank, acquired Coastal Securities on April 3, 2017.
FTN Financial Capital Markets, a subsidiary of FTN Financial, is a Bank Dealer as defined in
Section 3(a) of the Securities and Exchange Act and is regulated by the Office of Comptroller of
the Currency.
Due to this change, it is recommended that the City remove Coastal Securities from the
broker/dealer approved list and add FTN Financial Capital Markets.
FUNDING SOURCE
Not Applicable.
RECOMMENDATION
Approval of resolution.
BEAUMO,NT
TEXAS
Investment Policy
Adopted by
City Council
111
EXHIBIT "A"
City of Beaumont - Investment Policy
Table of Contents
I. Introduction................................................................................................................ I
H. Scope............................................................................................................................1
III. Prudence.....................................................................................................................1
IV. Objectives.................................................................................................................... I
A. Safety of Principal..........................................................................................2
B. Liquidity..........................................................................................................2
C. Public Trust....................................................................................................2
D. Yield................................................................................................................2
V. Delegation of Authority.............................................................................................2
VI. Ethics and Conflicts of Interest................................................................................3
VII. Training......................................................................................................................3
VIII. Selection of Financial Dealers, Institutions and Investments Pools .....................3
A. Broker/Dealers...............................................................................................4
B. Public Depositories.........................................................................................4
C. Investment Pools............................................................................................5
IX. Authorized and Suitable Investments......................................................................5
X. Competitive Environment.........................................................................................7
XI. Collateralization.........................................................................................................7
XII. Safekeeping and Custody..........................................................................................8
XIII. Diversification............................................................................................................9
XIV. Investment Strategies................................................................................................9
A. Pooled Fund Groups.....................................................................................10
B. Debt Service Funds.......................................................................................11
C. Debt Service Reserve Funds.........................................................................12
XV. Internal Control......................................................................................................12
XVI. Performance Standards.........................................................................................13
XVII. Reporting.................................................................................................................13
XVIII. Investment Policy Adoption...................................................................................13
Exhibits
ExhibitA - Approved List Broker/Dealers...........................................................................15
Exhibit B - Certification by Business Organization............................................................16
City of Beaumont
Investment Policy
I. Introduction
It is the policy of the City of Beaumont to invest public funds in a manner that will ensure
that the investments are duly authorized, properly managed, adequately protected and
fully collateralized. The City shall seek the optimum investment return with the
maximum security while meeting daily cash needs and conforming to the City Charter,
the Public Funds Investment Act (Chapter 2256, Government Code as amended) and all
other state and local statutes governing the investment of public funds.
II. Scope
This Investment Policy applies to all financial assets of the City as accounted for in the
City's Comprehensive Annual Financial Report. These include General, Special
Revenue, Debt Service, Capital Projects, Enterprise, Internal Service, and Permanent
Funds. All are pooled for investment purposes except debt service and debt service
reserve funds, and the natural gas account. Interest is allocated monthly to each fund
based on its individual cash balance.
M. Prudence
Investments shall be made with judgment and care, under prevailing circumstances, that
a person of prudence, discretion, and intelligence would exercise in the management of
the person's own affairs, not for speculation, but for investment, considering the probable
safety of capital and the probable income to be derived. The "prudent person" standard
shall be applied in the context of managing the total portfolio rather than a single
investment providing that the decision was consistent with this Investment Policy.
Investment Officers acting in accordance with written procedures and the Investment
Policy and exercising due diligence shall be relieved of responsibility for an individual
investment's credit risk or market price changes provided that deviations from exceptions
are 'reported in a timely fashion and appropriate action is taken to control adverse
developments.
IV. Objectives
The primary objectives, in priority order, of the City's investment activities shall be safety
of principal, liquidity, public trust, and yield.
A. Safety of principal
The City has as its foremost objective to ensure the safety of principal. Investments
of the City shall be undertaken in a manner that seeks to ensure the preservation of
principal in the overall portfolio. To attain this objective, diversification is required
in order to eliminate an over -concentration of assets in one institution, maturity or
type of investment, where appropriate.
B. Li uidi
The City's investment portfolio will remain sufficiently liquid to enable the City to
meet all operating requirements that might be reasonably anticipated. The portfolio
shall be constructed so that investment maturities are matched with forecasted cash
flow requirements and limited by investments with an active secondary market or
convertible to cash with little or no penalty.
C. Public Trust
Investment Officers shall seek to act responsibly as custodians of the public trust.
Investment Officers shall avoid any transaction that might impair public confidence
in the City's ability to govern effectively.
D. Yield
The City's investment portfolio shall be designed with the objective of attaining a
rate of return that is consistent with risk limitations and cash flow characteristics of
the City's investments.
V. Delegation of Authoritv
Authority to manage the City's investment program is derived from the City Charter
(article VII, section 1-2). The Charter designates the City Manager as Director of Finance
who shall have custody of all public funds, investments, bonds and notes of the City and
be responsible for their safekeeping. The City Manager shall establish written
procedures for the operation of the investment program consistent with this Investment
Policy that include explicit delegation of authority to persons responsible for investment
transactions. The City Manager shall be responsible for all transactions undertaken and
shall establish a system of controls to regulate the activities of subordinate officials.
The City Manager, the Chief Financial Officer, and the City Controller are approved as
Investment Officers of the City. Such approval of specific persons shall remain in effect
until rescinded by the City Council or until termination of the person's employment by
the City. Investment Officers shall not deposit, withdraw, transfer or manage the funds
PA
_W
of the City in a manner that is not consistent with the "prudent person" standard as
described in section III of this Policy.
The City Council maintains the right to hire Investment Advisers to assist City staff in
the investment of funds. Investment Advisers shall adhere to the spirit, philosophy and
specific terms of this Policy and shall invest within the same objectives. The City
Manager shall establish criteria to evaluate Investment Advisers, including:
1. Adherence to the City's policies and strategies;
2. Investment strategy recommendations within accepted risk constraints;
3. Responsiveness to the City's request for services and information;
4. Understanding of the inherent fiduciary responsibility of investing public
funds; and
5. Similarity in philosophy and strategy with the City's objectives.
Selected Investment Advisers must be registered under the Investment Advisers Act of
1940 or with the State Securities Board. A contract with an Investment Adviser may
not be for a term longer than two years and any contract, renewal or extension must be
approved by the City Council.
Ethics and Conflicts of Interest
Investment Officers and employees involved in the investment process shall refrain from
personal business activity that could conflict with proper execution of the investment
program, or which could impair their ability to make impartial investment decisions.
Investment Officers shall disclose any personal business relationships with business
organizations approved to conduct investment transactions with the City. They shall also
disclose any specific individuals who seek to sell investments to the City and are related
to the Investment Officer within the second degree by affinity or consanguinity, as
determined under Chapter 573. Disclosure shall be filed with the Texas Ethics
Commission and the City Council.
VII. Training
In order to ensure qualified and capable investment management, each Investment
Officer shall attend at least ten (10) hours of training relating to investment
responsibilities within 12 months after assuming such duties and shall continue to attend
an investment training session consisting of at least eight (8) hours of instruction not less
than once every two years thereafter. The two-year period shall begin on the first day of
the City's fiscal year and consist of the two consecutive fiscal years after that date.
Training shall be in accordance with the Public Funds Investment Act and include
education in investment controls, security risks, strategy risks, market risks, and
3
compliance with State statutes governing the investment of public funds. All training
shall be conducted by an independent source that has been approved by City Council.
The approved "independent sources" to provide such training are: the Government
Treasurers Organization of Texas, the Government Finance Officers Association, the
Government Finance Officers Association of Texas, the Texas Municipal League, and
the University of North Texas.
VIII. Selection of Broker/ Dealers, Financial Institutions and Investment Pools
Authorized investments shall only be purchased from those institutions selected and
approved in accordance with this Policy.
Any business organization which seeks to execute investment transactions with the City
shall provide a written instrument certifying that they have received and thoroughly
reviewed the City's Investment Policy and have implemented reasonable procedures and
controls in an effort to preclude investment transactions that are not authorized by this
Policy. The certification, as shown by example in Exhibit B, must be signed by a
qualified representative of the business organization. Investment Officers shall not buy
any securities from a firm or make deposits with a fund, pool or financial institution that
has not filed this instrument or a similar statement that is acceptable to the City. Each
time City Council approves a material revision to' the Investment Policy, the
certification should be sent to the approved business organizations along with the
newly revised Investment Policy.
A. Broker/Dealers
The City shall select broker/dealers by their ability to provide effective market
access and may include "Primary Government Securities Dealers" or regional
dealers that qualify under Securities and Exchange Commission (SEC) Rule 15C3-
1 (uniform net capital rule). Broker/dealers selected must be members in good
standing of the Financial Industry Regulatory Authority ("FINRA"), and be
licensed by the State of Texas. Each broker/dealer will be reviewed by the
Investment Officers and a recommendation will be made for approval by the City
Council.
An "approved broker/dealer list", as shown in ExhibitA, shall be maintained by the
Investment Officers at all times and approved by the City Council on an annual
basis.
The City shall not enter into transactions with a broker/dealer until official City
Council approval.
B. Public Depositories/Financial Institutions
4
The City Council shall select a primary depository as required by law. The primary
depository as authorized by the City Council shall meet all requirements of the state
law concerning depositories for municipal funds (Chapter 105, Government Code).
The primary depository shall be selected through the City's banking services
procurement process, including a formal Request for Application (RFA) issued in
compliance with applicable State law, and offers the most favorable terms and
conditions for the handling of City funds.
The City may also establish agreements with other financial institutions under
separate contract for additional services that are necessary in the administration,
collection, investment, and transfer of municipal funds. Such deposits will only be
made after the financial institution has completed and returned the required written
instruments and depository pledge agreements. No deposit shall be made except in
a qualified public depository as established by State Law.
C. Investment Pools
Investment Officers may invest funds of the City through an eligible investment
pool with specific approval by resolution of City Council and execution of a written
agreement. To become eligible, investment pools must first meet all requirements
of State Law. They shall provide the City with an offering circular that contains
specific and detailed information, investment transaction confirmations, and
detailed monthly transaction and performance reports. Pools shall have advisory
boards composed of qualified members representing participants and non-
participants who do not have a business relationship with the pool. Before
selection, pools shall be thoroughly reviewed and evaluated by the Investment
Officers.
IX. Authorized and Suitable Investments
Authorized investments for municipal governments in the state of Texas are set forth in
the Public Funds Investment Act, as amended. Suitable investments for the City are
limited to the following:
W1
♦ Direct Obligations of the United States or its agencies and instrumentalities that
have a maximum stated maturity date of 5 years or less.
♦ Financial institution deposits placed with approved financial institutions as
described above (section VIII -B) which have a maximum stated maturity date of 5
years or less and are insured by the Federal Deposit Insurance Corporation, or their
successors; or secured as described in section XI Collateralization. Additionally,
the City may execute certificates of deposit, and other forms of deposit, in any
manner authorized by the Public Funds Investment Act.
♦ Fully collateralized direct repurchase agreements with a defined termination date
of 90 days or less which are secured by cash or obligations of the United States or
its agencies and instrumentalities and pledged with a third parry other than an agent
for the pledgor. Investment Officers may invest in repurchase agreements through
an approved primary government securities dealer or an approved depository bank
as described above (section VIII -A, B). Each issuer of repurchase agreements shall
be required to sign a master repurchase agreement. For flexible repurchase
agreements executed with bond proceeds, the defined termination date of 90 days
or less may be waived to allow the term of the flexible repurchase agreement to
more closely match the expected term of the bond project.
♦ No load money market mutual funds registered with and regulated by the Securities
and Exchange Commission whose investment objectives include the maintenance
of a stable net asset value of $1 per share. Money market mutual funds must
maintain a AAAm, or equivalent rating from at least one nationally recognized
rating agency; and provide the City with a prospectus and other information
required by the Securities and Exchange Act of 1934 and be specifically approved
by City Council or purchased through the City's primary depository as an overnight
investment tool. The City may not own more than 10% of the money market
mutual fund's total assets.
♦ Approved investment pools as described above (section VIII -C) which are
continuously rated no lower than AAA, AAA -m or an equivalent rating by at least
one nationally recognized rating agency.
Investments Not Authorized - The following investments are not authorized under this
section:
a. Obligations whose payment represents the coupon payments on the outstanding
principal balance of the underlying mortgage-backed security collateral and pay no
principal;
b. Obligations whose payment represents the principal stream of cash flow from the
underlying mortgage-backed security collateral and bears no interest;
0
c. Collateralized mortgage obligations that have a stated final maturity date of greater
than ten years; and
d. Collateralized mortgage obligations the interest rate of which is determined by an index
that adjusts opposite to the changes in a market index.
Not less than quarterly, the Investment Officers will monitor the credit rating for each
held investment that has a Public Fund Investment Act required minimum rating. Any
Authorized Investment that requires a minimum rating does not qualify during the period
the investment does not have the minimum rating. Prudent measures will be taken to
liquidate an investment that is downgraded to less than the required minimum rating.
The City is not required to liquidate investments that were authorized investments at the
time of purchase.
The purchase of stock is not an authorized investment for municipal governments.
However, stock may be accepted as a donation, provided that it is held in accordance with
the terms of the donation and sold as soon as it is advantageous to do so. Reinvestment
of proceeds must be in accordance with authorized and suitable investments for the City
as listed above.
X. Competitive Environment
It is the policy of the City to provide a competitive environment for all individual security
purchases and sales, financial institution deposits, and money market mutual fund and
local government investment pool selections. The Investment Officers shall develop and
maintain procedures for ensuring competition in the investment of the City's funds.
M. Collateralization
Collateralization will be required on all financial institution deposits and repurchase
agreements. With the exception of deposits secured with irrevocable letters of credit at
100% of amount, the collateralization level shall be equal to at least one hundred two
percent (102%) of the aggregate market value of the deposit or investment including
accrued interest less an amount insured by the Federal Deposit Insurance Corporation.
Evidence of the pledged collateral shall be documented by a custodial or a master
repurchase agreement with the eligible collateral clearly listed in the agreement.
Collateral shall be reviewed at least monthly to assure that the market value of the
securities pledged equals or exceeds the related deposit or investment requirement.
Collateral requirements shall be in accordance with both the Public Funds Investment
Act and the Public Funds Collateral Act. Collateral underlying repurchase agreements is
limited to direct obligations of the United States or its agencies and instrumentalities.
The City shall accept a surety bond or the following investment securities as collateral
on deposits and certificates of deposit:
7
♦ Direct obligations of the United States or its agencies and instrumentalities. Direct
obligations of this state or its agencies and instrumentalities.
♦ Collateralized mortgage obligations directly issued by a federal agency or
instrumentality of the United States and excluding those mortgage backed securities
considered a high-risk mortgage security as described by Section 2257.0025 of the
Government Code.
♦ Other obligations that are guaranteed or backed by the full faith and credit of this
state or the United States or their respective agencies and instrumentalities.
♦ Obligations of states, agencies, counties, cities and other political subdivisions
rated not less than A or its equivalent.
♦ Letters of credit issued by the United States or its agencies and instrumentalities.
Financial institutions serving as depositories will be required to sign a depository
agreement with the City. The collateralized deposit portion of the agreement shall define
the City's rights to the collateral in case of default, bankruptcy or closing and shall
establish a perfected security interest in compliance with Federal and State regulations,
including:
1. The agreement must be in writing;
2. The agreement has to be executed by the Depository and the City
contemporaneously with the acquisition of the asset:
3. The agreement must be approved by the Board of Directors or designated
committee of the Depository and a copy of the meeting minutes must be
delivered to the City; and
4. The agreement must be part of the Depository's "Official Record"
continuously since its execution.
XII. Safekeeping and Custody
Collateral shall be placed for safekeeping in a custodial account at the Federal Reserve
Bank or at an institution not affiliated with a firm pledging collateral acceptable to the
City. All safekeeping arrangements shall clearly define the responsibilities of each party
and outline the steps to be taken in order for the City to gain access to the collateral in
the event of a "failure". The custodial agreement shall be executed between the City, the
firm pledging the collateral and the custodial institution, as applicable. All safekeeping
receipts shall be delivered to the City and all collateral (whether a pledge or substitution)
shall be formally accepted and released by Investment Officers.
All security transactions, including collateral for repurchase agreements, entered into by
the City shall be conducted on a delivery -versus -payment (DVP) basis. That is, funds
shall not be wired or paid until verification has been made that the correct security was
received by the safekeeping institution. Financial institution deposits, pool funds, and
mutual funds are excluded from this requirement. The investment shall be held in the
name of the City or on behalf of the City.
XIII. Diversification
The City will diversify its investments to eliminate an over -concentration of assets in any
one security type or institution.
♦ Up to ninety percent (90%) par of the portfolio may be invested in direct obligations
of the United States (U.S. Treasury Securities).
♦ Up to seventy percent (70%) par of the portfolio may be invested in U.S. Agency
or Instrumentalities.
♦ No more than thirty percent (30%) par of the portfolio may be invested with any
one U.S. Agency or Instrumentality.
♦ Up to one hundred percent (100%) par of the portfolio may be invested in
investment pools for liquidity purposes with no more than eighty percent (80%) par
of the portfolio invested in any one pool.
♦ No more than fifty percent (50%) par of the portfolio may be invested in money
market mutual funds.
XIV. Investment Strategies
The City shall maintain a separate investment strategy for each of the fund types
represented in the portfolio.
A. Pooled Fund Groups
Suitability — Any investment eligible in the Investment Policy is suitable for
Pooled Fund Groups.
Safety of Principal — All investments shall be of high quality with no
perceived default risk. Market price fluctuations will occur. However,
managing the weighted average days to maturity of each fund's portfolio to
less than 365 days and restricting the maximum allowable maturity to three
years using the final stated maturity dates of each investment will minimize
the price volatility of the portfolio.
Marketability — Investments with active and efficient secondary markets are
necessary in the event of an unanticipated cash flow requirement. Historical
market "spreads" between the bid and offer prices of a particular security -type
of less than a quarter of a percentage point will define an efficient secondary
market.
Li uidi — Pooled Fund Groups require the greatest short-term liquidity of
any of the fund -types. Short-term financial institution deposits, investment
pools and money market mutual funds will provide daily liquidity and may be
utilized as a competitive yield alternative to fixed maturity investments.
Diversification — Investment maturities should be staggered throughout the
budget cycle to provide cash flow based on .the anticipated operating needs of
the City. Diversifying the appropriate maturity structure up to the three-year
maximum will reduce interest rate risk.
Yield — Attaining a competitive market yield for comparable investment -types
and portfolio restrictions is the desired objective. The yield of an equally
weighted, rolling three-month Treasury Bill portfolio will be the minimum
yield objective.
B. Debt Service Funds
Suitability — Any investment eligible in the Investment Policy is suitable for
Debt Service Funds.
Safety of Principal — All investments shall be of high quality with no
perceived default risk. Market price fluctuations will occur. However, -by
managing Debt Service Funds to not exceed the debt service payment schedule
the market risk of the overall portfolio will be minimized. The stated final
maturity date on investments purchased shall not exceed the debt service
payment date unless excess funds are available. In that case, maximum
maturities shall not exceed two (2) years from the date of purchase.
Marketability — Investments with active and efficient secondary markets are
not necessary as the event of an unanticipated cash flow requirement is not
probable.
Li uidi — Debt Service Funds have predictable payment schedules.
Therefore investment maturities should not exceed the anticipated cash flow
requirements. Financial institution deposits, investments pools, and money
market mutual funds may provide a competitive yield alternative for short-
term fixed maturity investments. A singular repurchase agreement may be
utilized if disbursements are allowed in the amount necessary to satisfy any
10
debt service payment. This investment structure is commonly referred to as a
flexible repurchase agreement.
Diversification — Market conditions influence the attractiveness of fully
extending maturity to the next "unfunded" payment date. - Generally, if
investment rates are anticipated to decrease over time, the City is best served
by locking in most investments. If the interest rates are potentially rising, then
investing in shorter and larger amounts may provide advantage. At no time
shall the debt service schedule be exceeded in an attempt to bolster yield.
Yield — Attaining a competitive market yield for comparable investment -types
and portfolio restrictions is the desired objective. The yield of an equally
weighted, rolling three-month Treasury Bill portfolio shall be the minimum
yield objective.
C. Debt Service Reserve Funds
Suitability — Any investment eligible in the Investment Policy is suitable for
Debt Service Reserve Funds. Bond resolution and loan documentation
constraints and insurance company restrictions may create specific
considerations in addition to the Investment Policy.
Safety of Principal — All investments shall be of high quality with no
perceived default risk. Market price fluctuations will occur. However, by
managing Debt Service Reserve Fund maturities to generally not exceed the
call provisions of the borrowing will reduce the investment's market risk if the
City's debt is redeemed and the Reserve Fund liquidated. No stated final
investment maturity shall exceed the shorter of the final maturity of the
borrowing or five years. Annual mark -to -market requirements or specific
maturity and average life limitations within the borrowing's documentation
will influence the attractiveness of market risk and influence maturity
extension.
Marketability — Investments with less active and efficient secondary markets
are acceptable for Debt Service Reserve Funds.
Liquidity — Debt Service Reserve Funds have no anticipated expenditures.
The Funds are deposited to provide annual debt service payment protection to
the City's debt holders. The funds are "returned" to the City at the final debt
service payment. Market conditions and arbitrage regulation compliance
determine the advantage of investment diversification and liquidity.
Generally, if investment rates exceed the cost of borrowing, the City is best
served by locking in investment maturities and reducing liquidity. If the
11
borrowing cost cannot be exceeded, then concurrent market conditions will
determine the attractiveness of locking in maturities or investing shorter and
anticipating future increased yields.
Diversification — Market conditions and the arbitrage regulations influence
the attractiveness of staggering the maturity of fixed rate investments for Debt
Service Reserve Funds. At no time shall the final debt service payment date
of the bond issue be exceeded in an attempt to bolster yield.
Yield — Achieving a positive spread to the applicable borrowing cost is the
desired objective. Debt Service Reserve Fund portfolio management shall
operate within the limits of the Investment Policy's risk constraints.
D. Natural Gas Account
Suitability — Any investment eligible in the Investment Policy is suitable for
the Natural Gas Account.
Safety of Principal — All investments shall be of high quality with no
perceived default risk. Market price fluctuations will occur. However,
managing the weighted average days to maturity to less than 365 days and
restricting the maximum allowable maturity to three years using the final stated
maturity dates of each investment will minimize the price volatility of the
portfolio.
Marketability — Investments with active and efficient secondary markets are
necessary in the event of an unanticipated cash flow requirement. Historical
market "spreads" between the bid and offer prices of a particular security -type
of less than a quarter of a percentage point will define an efficient secondary
market.
Liquidity — Natural Gas Account funds require moderate short-term liquidity.
Short-term financial institution deposits, investment pools and money market
mutual funds will provide daily liquidity and may be utilized as a competitive
yield alternative to fixed maturity investments.
Diversification — Investment maturities should be staggered throughout the
anticipated expenditure schedule. Diversifying the appropriate maturity
structure up to the three-year maximum will reduce interest rate risk.
Yield — Attaining a competitive market yield for comparable investment -types
and portfolio restrictions is the desired objective. The yield of an equally
weighted, rolling three-month Treasury Bill portfolio will be the minimum
yield objective.
12
XV. Internal Control
The City, in conjunction with its annual financial audit, shall perform a compliance
audit of management controls on investments and adherence to the City's
Investment Policy.
XVI. Performance Standards
The City intends to pursue an active versus ,a passive portfolio management
philosophy. That is, investments may be sold or redeemed before they mature if
market conditions present an opportunity for the City to benefit from the trade.
The investment portfolio shall be designed with the objective of obtaining a rate of
return throughout budgetary and economic cycles that is consistent with risk
limitations and cash flow needs of the City. "Weighted average yield to maturity"
shall be the portfolio performance measurement standard.
XVII: Reporting
Investment Officers shall submit a monthly report to City Council summarizing the
results of the City's investment activity. This report shall include the status of the
current portfolio position, performance, trading activity, interest earnings, and
collateral.
A quarterly report shall be submitted to the City Manager, as Chief Executive
Officer, and the City Council detailing investment transactions and performance
for the reporting period in accordance with State law. The report shall be jointly
prepared and signed by all Investment Officers. It shall include a summary
statement prepared for each fund type and a detailed listing that states the beginning
market value, ending market value and fully accrued interest for the period. In
addition, Investment Officers shall report on adherence to the City's investment
strategies as expressed in this Policy.
In conjunction with the annual audit, the quarterly reports shall be formally
reviewed by the City's independent auditor on an annual basis and the results of the
review shall be reported to City Council.
XVIII. Investment Policy Adoption
The City's Investment Policy is hereby adopted by resolution of the City Council.
The City Council shall review and approve the Policy on an annual basis. This
Policy serves to satisfy the statutory requirement to define and adopt a formal
investment policy.
13
EXHIBITS
14
Exhibit A
CITY OF BEAUMONT
Approved List
Broker/Dealers
Business/Organizations
Broker/Dealers:
Duncan -Williams, Inc.
FTN Financial Capital Markets
JP Morgan Chase Securities
Mutual Securities, Inc.
Oppenheimer & Co.
Rice Financial Products Company
Raymond James
Wells Fargo Brokerage Services, LLC
Certificate of Deposit Purchase Program:
PFM Asset Management LLC
15
Exhibit B
City of Beaumont, Texas
Certification By Business Organization
This certification is executed on behalf of the City of Beaumont (the Investor) and
(the Business Organization) pursuant to the Public Funds
Investment Act, Chapter 2256, Texas Government Code (the Act) in connection with investment
transactions conducted between the Investor and the Business Organization.
The undersigned Qualified Representative of the Business Organization hereby certifies on behalf
of the Business Organization that:
1. The undersigned is a Qualified Representative of the Business Organization offering to
enter an investment transaction with the Investor as such terms are used in the Public Funds
Investment Act, Chapter 2256, Texas Government Code and
2. The Qualified Representative of the Business Organization has received and reviewed the
Investment Policy furnished by the Investor and
3. The Qualified Representative of the Business Organization has implemented reasonable
procedures and controls in an effort to preclude investment transactions conducted between
the Business Organization and the Investor that are not authorized by the Investor's
Investment Policy, except to the extent that this authorization is dependent on an analysis
of the makeup of the Investor's entire portfolio or requires and interpretation of subjective
investment standards.
(Firm)
Qualified Representative of the Business Organization
(Signature)
(Name)
(Title)
(Date)
V
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City of Beaumont Investment Policy, substantially in the form attached hereto
as Exhibit 'A" has been reviewed and is hereby in all things adopted.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of
January, 2018.
- Mayor Becky Ames -
E
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: James P. Singletary, Chief of Police
MEETING DATE: January 9, 2018
REQUESTED ACTION: Council consider a resolution authorizing the City Manager, or his
designee, to reenter into a Cooperative Working Agreement with
the Rape and Suicide Crisis Center of Southeast Texas, Inc.
BACKGROUND
Since 2009, we have been in a cooperative working agreement with the Rape and Suicide Crisis
Center of Southeast Texas. This agreement is a collaboration between several agencies to provide
a continuous service as needed for sexual assault survivors and other victims of crime.
FUNDING SOURCE
Not Applicable.
RECOMMENDATION
Approval of the resolution.
Cooperative WO*VAgreement
11 2018-2020
This working agreemgnt is recognized as a cooperative collaboration between each agency listed below.
The purpose is to provide a continuum of services as needed for sexual assault survivors and other
victims of crim& The signature of each agency's representatives acknowledges proof of cooperation.
Te OutrictAttorney's ofliiae of Jefferson, orange, Tyler, andMar& Courttiar infiiv46m y agree to
• Designate a liaison to serve on the Sexual Assault Response Team (SART) and to serve as the agency's
contact person;
• Use Sexual Assault Nurse Examiners (SANEs) as witnesses during a sexual assault trial;
• Provide reasonable notification of upcoming trials to the SANE who will be called to testify;
• Meet with the SANE prior to a trial to review the case; and
• Maintain communication and contact with the SART and other involved agencies, including regular
participation at the Southeast Texas Sexual Assault Task Force meetings.
Vw Crime V"WrAssisiance Centers ofleffasm Omvp and3fimfm County agree to
• Refer sexual assault patients to the CHRISTUS St. Elizabeth Hospital SANE Team, Child
Abuse & Forensic Services, Baptist Hospital of Southeast Texas Beaumont or the
Medical Center of Southeast Texas SANE Team, as appropriate;
• Demonstrate an average of 60 minutes response time from the time the call is received to time advocate
arrives in the emergency department, on scene, or at location with victim;
Follow established protocols with CHRISTUS St. Elizabeth Hospital, Child Abuse &
Forensic Services, Baptist Hospital of Southeast Texas Beaumont or the Medical
Center of Southeast Texas for advocates in the examining room;
• Be available for survivors of all ages, their family members and friends, as requested;
• Maintain communication and contact with involved agencies, including, but not limited to law .
enforeement, County or District courts, Justice of the Peace, the Texas Department of Family and
Protective Services, and the Garth House.
v Refer victims/survivors to nearest appropriate agencies for additional services as needed.
9&jofferson, Oram, Tyler, andManfm Coun'y Sheriffs tis e9 foltte Deputments of &auwx4
y'tvw Nederland ft tArtriw, Vidor, OraV4 &* My, m dit t9lfecf es in&idrra agree to
• Designate a liaison to serve on the SART and to serve as the agency's contact person;
• Refer sexual assault patients to the CHRISTUS St. Elizabeth Hospital SANE Team, Child
Abuse & Forensic Services, Baptist Hospital of Southeast Texas Beaumont or the
Medical Center of Southeast Texas SANE Team, as appropriate;
• Follow established protocol to notify SANE team that asexual assault survivor is being transported;
• Provide a case or incident report number;
• Receive forensic evidence that has been collected from the survivor and/or perpetrator;
• Follow law enforcement established protocol regarding evidence collection and storage; and
• Maintain communication and contact with the SART and other involved agencies, including regular
participation at the Southeast Texas Sexual Assault Task Force meetings.
EXHIBIT "A"
II &pe dd Suicide tniw ofsoutiureast Taw, I= agrees to: 11
• Designate a Ralson to serve on the SART and to serve as the agency's contact person; .
• Refer sexual assault survivors at CHRISTUS St. Elizabeth Hospital SANE Team, Child
Abuse & Forensic Services, Baptist Hospital of Southeast Texas Beaumont or the
Medical Center of Southeast Texas SANE Team, as appropriate;
• Demonstrate an average 60 minute response time from time call is received to time advocate arrives in
the emergency department;
• Follow established protocols with CHRISTUS St. Elizabeth Hospital, Child Abuse ,&
Forensic Services, Baptist Hospital of Southeast Texas Beaumont or the Medical
Center of Southeast Texas for advocates in the examining room;
• Be, available for survivors of all ages, their family members and friends;
• Maintain communication and contact with SART and other involved agencies, including regular
participation at the Southeast Texas Sexual Assault Task Force meetings.
lire Carte 91ouse agrees to:
• Designate a liaison to serve on the SART and to serve as the agency's contact person;
• Refer child survivors of sexual assault to CHRISTUS St. Elizabeth Hospital SANE Team,
Child Abuse & Forensic Services , Baptist Hospital of Southeast Texas Beaumont
or the Medical Center of Southeast Texas SANE Team as appropriate;
• Demonstrate an average 60 minute response time from time is received io time advocate arrives in the
emergency department;
• Follow established protocols with CHRISTUS St. Elizabeth Hospital, Child Abuse & Forensic
Services, Baptist Hospital of Southeast Texas Beaumont or the Medical Center of
Southeast Texas for advocates in the examining room;
• Be available for survivors of all ages, their family members and friends;
o Maintain communication with the SART and other involved agencies, including regular participation at
the Southeast Texas Sexual Assault Task Force meetings.
26e rte,p Oep"tment of Famiry acrd i owtim Services (MS/.ASPS) agrees to:
• Designate a liaison for the SART to con#act;
• Refer child survivors of sexual assault to CHRISTUS St. Elizabeth Hospital SANE team, Child
Abuse & Forensic Services, Baptist Hospital of Southeast Texas Beaumont or the
Medical Center of Southeast Texas SANE team as appropriate;
• Contact Court Appointed Special Advocates liaison if child is in foster care system;
• Maintain communications and contact with the SART and other involved agencies, including regular
participation at the Southeast Texas Assault Task Force Meeting.
CfiWA6use at Forensic Semm arm to;
• Designate a liaison to serve on the SART and to serve as the agency's contact person,
• Demonstrate an average sixty (60) minute response from the time of call received to time SANE arrives
in Emergency Department;
• Notify Rape & Suicide Crisis of Southeast Texas, Inc. that a survivor is being
transported/has arrived;
• Provide Rape & Suicide Crisis of Southeast Texas, Inc. the opportunity to establish a
relationship with the survivor(s), if survivor agrees. This includes survivors of all ages, their family
members, and friends;
• Provide consistency in the sexual assault examination of survivors,
• Provide consistency in the evidence collection from perpetrators;
• Have sexual assault evidence collection kit available;
• SANEs will provide a copy of evidence collection and/or all other documentation pertaining to sexual
assault exam to law enforcement agency;
• Maintain chain of forensic evidence and hand off to law enforcement agent;
• Properly prepare for upcoming hearings;
• Meet with District Attorney to review the case;
• Maintain contact with the District Attorney's office;
• Notify the District Attorney's office of address and/or telephone number changes; and
• Maintain communication and contact with the SART and other involved agencies, including regular
participation at the Southeast Texas Sexual Assault Task Force meetings
T& Sane Team ofOYW8WSOo pitaf)�qrw to.
• Designate a liaison to serve on the SART and to serve as the agency's contact person;
• Notify Rape & Suicide Crisis of Southeast Texas, Inc. that a survivor is being
transported/has arrived;
• Demonstrate an average sixty (60) minute response from the time of call received to time SANE arrives
in Emergency Department;
• If a child survivor has Court Appointed Special Advocate CHRISTUS Hospital agrees to notify Court
Appointed -Special Advocates of child arrival;
• Provide Rape & Suicide Crisis of Southeast Texas, Inc. the opportunity to establish a
relationship with the survivor(s), if survivor agrees. This includes survivors of all ages, their family
members, and friends;
• Provide consistency in the sexual assault examination of survivors;
• Provide consistency in the evidence collection from perpetrators;
• Have sexual assault evidence collection kit available;
• CHRISTUS Hospital will provide a copy of evidence collection andfor all other documentation
pertaining to sexual assault exam to law enforcement agency;
• -Maintain chain of forensic evidence and hand off to law enforcement agent;
• Properly prepare for upcoming hearings;
• Meet with District Attorney to review the case;
• Maintain contact with the District Attorney's office;
• Notify the District Attorney's office of address and/or telephone number changes; and
• Maintain communication and contact with the SART and other involved agencies, including regular
participation at the Southeast Texas Sexual Assault Task Force meetings.
CountAppointedSpeeia%Advocates gm to:
• Designate a liaison for the Southeast Texas Sexual Assault Task Force to contact.
• Demonstrate a thirty -minute response from time of call received to time advocate arrives in emergency
room. (Call is to liaison.)
• Follow established protocol regarding SETX Sexual Assault Task Force for advocates in the examining
room.
• Be available for survivor's ages 0-17 who are already in the custody of CPS and CASA is already
appointed by the courts.
• The advocate arrives as soon as possible and assists the victim throughout the medical and police
procedures.
• With the advocate present to provide support, the forensic examiner and police will briefly confer to
coordinate their questioning and reduce repetition.
• Advocate will remain in the room to provide support during the exam as well, at the discretion of the
patient.
• The advocate will make arrangements to contact the victim for follow-up support, and legal advocacy.
N WcC ofsoutredst 7ew - I!
• Designate a liaison to serve on the SART and to serve as the agency's contact person;
• Notify Rape & Suicide Crisis of Southeast Texas, Inc. that a survivor is being,
transported/has arrived;
• If a child survivor has a court appointed special advocate Medical Center of Southeast Texas agrees to
notify Court Appointed Special Advocates of child arrival;
• Provide Rape & Suicide Crisis of Southeast Texas, Inc. the opportunity to establish a
relationship with the survivor(s� if survivor agrees, This includes survivors of all ages, their family
members, and friends;
• Provide consistency in the sexual assault examination of survivors;
• Provide consistency in the evidence collection from perpetrators;
• Have sexual assault evidence collection Idt available;
• Medical Center of Southeast Texas will provide a copy of evidence collection and/or all other
documentation pertaining to sexual assault exam to law enforcement agency;
• Maintain chain of forensic evidence and hand off to law enforcement agent;
• Properly prepare for upcoming hearings;
• Meet with District Attorney to review the case;
• Maintain contact with the District Attorney's office;
• Notify the District Attorney's office of address and/or telephone number changes; and
• Maintain communication and contact with the SART and other involved agencies, including regular
participation at the Southeast Texas Sexual Assault Task Force meetings.
Baptist 5fospitaCof soutf east Taw Beaumont
• Designate a liaison to serve on the SART and to serve as the agency's contact person;
• Notify Rape & Suicide Crisis of Southeast Texas, Inc. that a survivor is being
transported/has arrived;
• If a child survivor has court appointed special advocate Baptist Hospital of Southeast Texas Beaumont
agrees to notify Court Appointed Special Advocates of child arrival;
• Provide Rape & Suicide Crisis of Southeast Texas, Inc. the opportunity to establish a
relationship with the survivor(s), if survivor agrees. This includes survivors of all ages, their family
members, and friends;
• Provide consistency in the sexual assault examination of survivors;
• Provide consistency in the evidence collection from perpetrators;
• Have sexual assault evidence collection kit available,
• Baptist Hospital of Southeast Texas Beaumont will provide a copy of evidence collection and/or all
other documentation pertaining to sexual assault exam to law enforcement agency;
• Maintain chain of forensic evidence and hand off to law enforcement agent;
• Properly prepare for upcoming hearings;
• Meet with District Attorney to review the case;
• Maintain contact with the District Attorney's office;
• Notify the District Attorney's office of address and/or telephone number changes; and
• Maintain communication and contact with the SART and other involved agencies, including regular
participation at the Southeast Texas Sexual Assault Task Force meetings.
Cooperative Wbri #W.Agreement
Signature Tage
Cheryl Williams, ecutive Direotor Date
Rape & Suicide Crisis of S,R Texas
Jimmy Singletary, Chief of Police
Beaumont Police Department
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager or his designee be and they are hereby authorized to execute a
Cooperative Working Agreement between the Beaumont Police Department and Rape
and Suicide Crisis Center of Southeast Texas, Inc. for the collaboration between several
agencies to provide a continuum of service as needed for sexual assault survivors and
other victims of crime. Said Memorandum of Agreement is substantially in the form
attached hereto as Exhibit "A" and made a part hereof for all purposes.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of
January, 2018.
- Mayor Becky Ames -
F
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Sherry Ulmer, Public Health Director
MEETING DATE: January 9, 2018
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute all documents necessary for a Rollover Agreement
between the City of Beaumont and City Ambulance Service.
IIMIT41X".311111191
The City of Beaumont would like to enter into an agreement with City Ambulance Service
whereas in the event that no City of Beaumont ambulance units are available or the patient is to be
transported to a medical facility other than those facilities to which the City of Beaumont EMS can
transport, such as a facility outside the City limits or non-acute care facilities, City Ambulance
Service agrees to respond to those emergency calls. This agreement shall commence upon signing
and may be cancelled by either party as described in the agreement.
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 Agreement
between the City of Beaumont and City Ambulance Service to provide supplemental
response to the City of Beaumont Emergency Medical Services System in the event no
City ambulance units are available or a patient is to be transported to a medical facility
other than those facilities to which Beaumont EMS can 'transport. The Agreement is
substantially in the form attached hereto as Exhibit "A" and made a part hereof for all
purposes.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of
January, 2018.
- Mayor Becky Ames -
City of Beaumont Public Health
Emergency Medical Services
Guidelines to Provide Supplemental Response to the
City of Beaumont Emergency Medical Services System
City Ambulance Service agrees to respond, when requested by the City of Beaumont Emergency
Medical Services (BEMS) communications center ("Fire Alarm"), to emergency calls in the
following circumstances:
1. When no City ambulance units are available to respond, OR
2. When the patient is to'be transported to a medical facility other than those facilities to
which Beaumont EMS can transport (outside the City limits or non-acute care
facilities, for example).
The City of Beaumont and City Ambulance Service agree that the specific operational
parameters of this agreement will be documented in a separate "Operational Procedures"
document, and that document is attached as Exhibit "A" and included in this agreement by
reference.
1. City Ambulance Service will provide the City of Beaumont EMS a copy of their
Protocols, signed by their Medical Director.
2. City Ambulance Service will provide a copy of the patient care report (PCR) to the
City of Beaumont EMS Clinical Supervisor, either by fax or direct delivery, within 24
hours of the time the call was cleared.
City Ambulance Service agrees that, when responding to an emergency call at the request of the
City of Beaumont EMS, City Ambulance Service shall:
L Only respond with a unit which is appropriately staffed, equipped, and authorized. to
provide (preferred) paramedic -level care, and have in their possession a City of
Beaumont Ambulance Drivers Permit, issued by the City of Beaumont Emergency
Medical Services (EMS) Division.
2. Notify Fire Alarm if the estimated response time of City Ambulance Service unit will
exceed 12 minutes.
3. Notify Fire Alarm by the Unit Driver or Dispatcher of City Ambulance Service if at
any time you are running emergency traffic inside the city limits of the City of
Beaumont and the route you are taking.
City Ambulance Service agrees that the unit and personnel responding to an emergency call at
the request of the City of Beaumont EMS will:
1. Follow the direction and orders of Fire Alarm, AND
2. Communicate directly with Fire Alarm on Beaumont EMS primary or Beaumont Fire
primary channels (at"the direction of Fire Alarm);
a. Regarding the unit's status AND
b. Location (as per the "Operational Procedures" document) AND,
Rollover Rotation Agreement
Version 4 (September 2014)
Page 1 of 7
EXHIBIT ",
City of Beaumont Public Health
Emergency Medical Services
3. Follow the direction and orders of the on -scene Incident Commander and Beaumont
EMS personnel.
City Ambulance Service will charge the patient as per their normal procedures. There will be no
exchange of monies between City Ambulance Service and the City.
City Ambulance Service agrees to allow, at the discretion of the ranking Beaumont EMS
paramedic on the scene, a Beaumont EMS paramedic to assume or maintain control of patient
care. At the discretion of the ranking Beaumont EMS paramedic, a Beaumont EMS paramedic
may accompany the patient to the hospital in City Ambulance Service ambulance unit. In this
situation, the Beaumont EMS paramedic shall be operating under the authority and protocols of
the Beaumont EMS medical director.
City Ambulance Service's EMS personnel will assist the Beaumont EMS paramedic within the
scope of their authorization under their medical director. City Ambulance Service will charge the
patient for their services as per usual procedure.
City Ambulance Service agrees to indemnify, hold and save harmless the City of Beaumont and
its officers and employees from all claims and liability for damages to any person for personal
injuries or personal injuries resulting in death due to the acts or omissions of Guardian
Ambulance Service, its agents or employees occasioned by or in connection with the
performance of services pursuant to this agreement caused by any source whatsoever,_ expressly
including claims arising from the alleged negligence of the city, its officers or employees.
This agreement shall commence upon signing and be cancelled by either party as described
below.
Either parry may terminate this agreement with thirty (30) days advance written notice.
Additionally, the City may unilaterally terminate the agreement with no advance notice should
such termination be in the best interest of the public's safety and welfare.
Rollover Rotation Agreement
Version 4 (September 2014)
Page 2 of 7
CITY OF BEAUMONT
BY: --
Signature of Authorized Official
Date
Kyle Hayes
City Manager
City of Beaumont
861 Main Street, Ste. 300
Beaumont, TX 77701
409-880-3716
kyle.hayes@beaumonttexas.gov
City of Beaumont Public Health
Emergency Medical Services
CITY AMBULANCE SERVICE
By:
Signature
Date
Printed Name and Title
Address
City, State, Zip
Telephone Number
E-mail Address for Official Correspondence
Page 3 of 7
Rollover Rotation Agreement
Version 4 (September 2014)
City of Beaumont Public Health
Emergency Medical Services
I. Dispatching Procedures for Utilization of Private Ambulances
A. "Rollover" Response — Emergency call, any priority, when no BEMS ambulance is
available.
Dispatch first responder if appropriate per protocol/procedure.
2. Dispatch BEMS Shift Commander (501) if appropriate per protocol/procedure.
Otherwise, simply notify the Shift Commander.
a. Shift Commander will respond at his/her discretion.
b. The Shift Commander will no longer respond to ALL rollover events, but IS
to be notified.
3. Dispatch next rotation private ambulance service. The dispatcher shall ask if a
Paramedic unit is available. If so, dispatch that unit. If not, move to the next
private company in rotation.
a. The private unit should communicate with Fire Alarm on EMS Channel #1.
At the dispatcher's discretion, the private ambulance may be assigned to
another channel (Fire Channel #1, for example). The private unit should
notify Fire Alarm via radio of the following intervals:
(1) Responding to call. The private unit will state from what location they
are responding.
(2) Arriving at scene.
(3) Transport priority and destination. The dispatcher should enter this
information into the CAD notes.
(4) Arrival at destination (at this point, the unit can be "cleared" from the
call).
(5) If the patient is not transported; the disposition of the patient (refusal,
etc.) should be entered into the CAD notes by the dispatcher.
4. If the first service contacted does not have a unit available:
a. Dispatch the EMS Shift Commander, if not already done so, AND
b. Contact the next -up rotation private company.
Rollover Rotation Agreement
Version 4 (September 2014)
Page 4 of 7
City of Beaumont Public Health
Emergency Medical Services
EXHIBIT "A" (cont')
5. Within 24 hours of the transport, the private unit will send, by fax or hand
delivery, a copy of the transport run to the Clinical Supervisor of Beaumont
EMS.
B. "Referral" Responses — BEMS unit is requesting private ambulance to transport to
alternative destination)
1. For "referral" calls, the private ambulance will respond non -emergency (Priority
3), unless expressly requested by the on -scene EMS personnel.
2. Ascertain if the patient has a specific preference for a private ambulance. If so,
dispatch that service.
3. If the patient does not have a preference, dispatch the next rotation private
ambulance service. The dispatcher shall ask if a paramedic unit is available. If
so, dispatch that unit. If not, move to the next private company in rotation.
4. The private unit will communicate with Fire Alarm via EMS Channel #1 and
advise Fire Alarm of the following intervals:
a. Responding to call. The private unit will state from what location they are
responding.
b. Arriving at scene.
C. Transport priority and destination. The dispatcher should enter this
information into the CAD notes.
d. Arrival at destination (at this point, the unit can be "cleared" from the call).
e. If the patient is not transported; the disposition of the patient (refusal, etc.)
should be entered into the CAD notes by the dispatcher.
f. Responding "emergency traffic". at any time in the city limits and their
route.
5. Within 24 hours of the transport, the private unit will send, by fax or hand
delivery, a copy of the transport run to the Clinical Supervisor. of Beaumont EMS
C. "Posting" Responses — Private ambulance is being brought into BEMS system for
coverage.
Rollover Rotation Agreement
Version 4 (September 2014)
Page 5 of 7
City of Beaumont Public Health
Emergency Medical Services
EXHMIT "A" (cont)
1. When the BEMS system is reduced to only one available ambulance unit ("level
1"), Fire Alarm shall contact a private ambulance service and request that they
provide a paramedic -level ambulance for deployment into the BEMS system.
2. The private services will be contacted for this assignment based upon
geographical need and "rotation." For example:
a. If the BEMS system's geographical deployment need is for a unit for the
south district of the city, then Fire Alarm will contact a provider which is
stationed in the south district.
b. This provider will be selected from among the other services stationed in
.that area based upon a rotation system.
3. The private service will only deploy paramedic -level ambulances for posting
assignments.
4. Once placed on "post," the assigned private ambulance shall notify Fire Alarm
via radio of their availability and location.
a. The private ambulance may post anywhere within the given geographical
sector of the city.
b. The private ambulance shall continuously monitor the assigned radio
channel for a response assignment from Fire Alarm until released from post
by Fire Alarm.
5. If needed for a response assignment, the private ambulance will be dispatched
directly by Fire Alarm via an alert tone.
a. The private ambulance will continue to communicate directly with Fire
Alarm as specified in the procedures developed for "Rollover" responses.
6. Should the private service need the posted private ambulance for a "private call"
or transfer, the private service or -the private unit will notify Fire Alarm of their
need to leave post. Unless Fire Alarm has an impending response assignment for
that unit, the unit will be released from post for the "private call" or transfer.
7. Once dispatched to a response assignment, the private ambulance will adhere to
all policies and procedures as implemented for other "Rollover" responses.
8. Private ambulance units, on a rotation basis among the companies operating
within the sector of interest, will continue to be utilized to maintain the BEMS
Rollover Rotation Agreement
Version 4 (September 2014)
Page 6 of 7
City of Beaumont Public Health
Emergency Medical Services
EXHIBIT "A" (cont)
system at "level -2" until two BEMS units become available. Once two BEMS units
are available, the private ambulance(s) can be released from post.
D. Rotation
1. The rotation list will be updated annually or on as needed bases.
2. This list is subject to change at the discretion of the Public Health Director.
3. Private ambulance responses will be rotated among the listed agencies in turn.
4. If an agency is contacted but cannot respond, that agency will go to the bottom of
the rotation.
II. Operational Procedures
A. If a private ambulance encounters a medical emergency in the City, the private
ambulance must notify the City dispatch center of said emergency as soon as practical.
The private ambulance personnel shall render appropriate medical care to the
patient(s).
B. Private ambulances may not respond to medical emergencies in the City, except when
specifically requested to do so by the City dispatch center. Should a private
ambulance service receive a call requesting an ambulance response to a medical
emergency, the private ambulance service must immediately notify the City dispatch
center of the nature and location of the call.
C. Requesting for assistance from the City of Beaumont EMS.
1. The ranking city EMS paramedic or officer or, when applicable, the Incident .
Commander as authorized by the EMS Manager of the city, on the scene of a
medical emergency in the city has the responsibility and authority over all
aspects of the medical operations and medical care at the incident. This authority
includes, but is not limited to, assigning patient care and transport
responsibilities, and directing the transport destination of patients.
2. City of Beaumont EMS ambulances may only transport patients to hospitals
within the city limits, except when specifically authorized to transport elsewhere,
'.: by the Public Health Director or the City EMS Manager, or their designees.
Rollover Rotation Agreement
Version 4 (September 2014)
Page 7 of 7
G
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: January 9, 2018
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
apply for and receive funding through U. S. Department of
Homeland Security, 2018 Emergency Management Performance
Grant (EMPG) program.
BACKGROUND
The Department of Homeland Security EMPG funding is provided to assist state and local
governments in enhancing and sustaining all -hazards emergency management capabilities. It
directly supports developing and carrying out emergency management programs. This includes
mitigating costs of compliance with National Incident Management System, Incident Command
System, planning, and training mandates, as well as reducing the personnel costs to manage the
program. The federal funding guidelines are envisioned to cover up to half the anticipated
operating expenses which are currently funded through the city's budget. The City was awarded
$43,286.84 from this funding source in fiscal year 2017, and we anticipate the City receiving a
similar amount in 2018.
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 apply for and receive funding
for the City of Beaumont through the U.S. Department of Homeland Security, 2018
Emergency Management Performance Grant (EMPG) in an amount not to exceed
$171,185.48 to assist in developing and carrying out various emergency management
programs.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of
January, 2018.
- Mayor Becky Ames -
H
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Jarmon, Executive Assistant to the City Manager
MEETING DATE: January 9, 2018
REQUESTED ACTION: Council consider a resolution appointing members to the Beaumont
Youth Advisory Council.
BACKGROUND
Adrian Hamilton and Jeremiah Bradley, who are both students at Legacy Christian Academy,
would be appointed to serve on the Beaumont Youth Advisory Council.
With the addition of these appointments, there will be a total of 12 students serving on the Youth
Advisory Council.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the following appointments be made to the Beaumont Youth Advisory Council,
whose term will expire May 31, 2018.
Adrian Hamilton — Legacy Christian Academy
Jeremiah Bradley — Legacy Christian Academy
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of
January, 2018.
- Mayor Becky Ames -
BEAUMONT
TEXAS
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JANUARY 9, 2018 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-4/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider a resolution authorizing an agreement with Jeffrey S. Ward and
Associates for property acquisition consultation services
2. Consider a resolution authorizing the City Manager to award a bid to Horseshoe
Construction, Inc., of La Porte for the Amelia Area Pipe Bursting Contract -
Section I Project
3.. Consider a resolution approving a contract with Lockwood, Andrews and
Newman Inc. for Grant Management and Engineering Services related to
Riverfront Park
4. Consider a resolution authorizing Beaumont Retreat W, LP to submit an
application to the Texas Department of Housing and Community Affairs for a
proposed Housing Tax Credit project known as the Retreat West Beaumont,
located in the 5900 Block of College Street, as well as offering expressed support
for the project
COMMENTS
Public Comment (Persons are limited to 3 minutes)
Councilmembers/City Manager comment on various matters
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
Ashley Scott v. City of Beaumont and Chief Anne Huff. Cause
No. B-198,422
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Kaltrina Minick at 880-3777.
1
January 9, 2018
Consider a resolution authorizing an agreement with Jeffrey S. Ward and Associates for property
acquisition consultation services
BEAUMONT
TEXAS:
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: January 9, 2018
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute an agreement with Jeffrey S. Ward and Associates for
property acquisition consultation services.
Jeffrey S. Ward and Associates (JSW) will assist the City in applying for and administering
grants related to flood buyouts and/or the elevation of houses damaged by Hurricane Harvey.
A Request for Proposal was solicited from seven (7) vendors. Four (4) responses were received
and evaluated by City staff. Pricing for JSW's service is attached.
FUNDING SOURCE
Community Development Block Grant funds or General Fund.
RECOMMENDATION
Approval of the resolution.
Pricing sheet for Property Acquisition Consultant Services
Description
Pricing
Fixed fee for grant application
$6,000.00/EA
Fixed fee for each address for acquisition
$1,500.00/EA
Fixed fee per address for each relocation
$1,500.00/EA
Criteria Scoring Sheet
RFP Number: PF1018-02
RFP Opening Date: November 9, 2017
RFP Name: Property Acquisition Consulting Services
Criteria
Max Points'
ProSource Technologies
Minneapolis, MN
Jeffery S. Ward Associates
Leesburg, VA.
Contract Land Staff
Sugar Land, TX.
O. R. Colan Associates
Austin, TX.
Experience of Personnel
50
42.50
50.00
12.50
42.50
Prior Related Firm Experience
30
22.00
30.00
22.50
26.00
Responsiveness to Client Needs
10
2.50
10.00
3.50
8.50
References
10
7.50
10-008.00
8.50
Total
100
74.50
100.00
46.50
85.50
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a contract
with Jeffrey S. Ward and Associates for property acquisition services related to flood
buyouts and/or the elevation of houses damaged by Hurricane Harvey.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of
January, 2018.
- Mayor Becky Ames -
January 9, 2018
Consider a resolution authorizing the City Manager to award a bid to Horseshoe Construction,
Inc., of La Porte for the Amelia Area Pipe Bursting Contract - Section I Project
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director
MEETING DATE: January 9, 2018
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
award a bid to Horseshoe Construction, Inc., of La Porte, Texas for
the Amelia Area Pipe Bursting Contract— Section I Project.
JLI I
This project will provide the replacement of designated pipe segments by means of pipe bursting
and replacing manholes in the Amelia Area.
On December 21, 2017, bids were solicited for furnishing all labor, materials, equipment, and
supplies for the project. Six (6) bids were received as indicated in the table below:
Contractor
Location
Total Base
Bid
Allowance
Total Award
Amount
WadeCon, LLC
Kingwood, TX
$693,511.50
$50,000.00
$743,511.50
Horseshoe Construction, Inc.
La Porte, TX
$694,379.00
$50,000.00
$744,379.00
CZ Construction
Houston, TX
$731,931.00
$50,000.00
$781,931.00
ALLCO, LLC
Beaumont, TX
$748,131.00
$50,000.00
$798,131.00
IPR South Central, LLC
Pasadena, TX
$794,254.00
$50,000.00
$844,254.00
T Construction
Houston, TX
$1,095,994.00
$50,000.00
$1,145,994.00
Engineer's Estimate
$806,002.00
$50,000.00
$856,002.00
Based on a review of all bids received, the apparent low bidder, WadeCon, LLC, submitted an
incomplete bid as per page 13 of the advertised contract documents. The Water Utilities
Engineer recommends awarding the project to Horseshoe Construction, Inc., the second low
bidder, in the amount of $744,379.00.
Page 2
January 9, 2018
Amelia Area Pipe Bursting Award
FUNDING SOURCE
Capital Program.
RECOMMENDATION
Approval of resolution.
BID TABULATION
Amelia Area Pipebursting Contract Section 1 Bid No. WU10f 845
BID OPENING DATE: December21.2017
The Bid Proposals submitted have been- and to the best of my knowledge this is an accurate tabulation of the bids received. S
" vw o ncuvv+•� f
By: Phi Nguyen,atm Engioeer Dale: 12=2017 •,1'•;tV c4wsw
ITEM NO. QUANTrTV
UNIT
DESCRIPTION
Bid Schedule (Engineer's, Estimate)
ALLCO, LLC
T.W. Harrison
Beahmhont, TX 77701
IPR South Central, LLC
Wade Gibson
Pasadena, TX T7S06
T Construction, LLC
Juan Ramon Torres
Houston, TX 77015
BASE BID ITEMS
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
1
LS
Motimmuod `
5 30AMPO
5 30moo
5 "W S
50.0mmo S
30.00000 S
30.1100.00 S
150 000.00 S
150.000.00
2
75
SSV
1e2 Oe lit .W4R
-S
140.00
5 10500.00
S 20-0-S
1 .00-
62.00 S
50
4.600 S
75.00 S
5625.00-
3
175
-Sy
Fu0 Rb of
S
180.00
S 1315W100
5 5000 $
750.00 S
67.00 5
5.025.00 S
7500 S
5625.00
4
75
1 Sy
Continuous pwornem Jowl Reinfmcedheq
'S
229.00.
8SW=
.S 20.00 S
15,00.00 1 S
67,00 'S
:5.025= S
95.00 S
7,125.00-
5 -
150
'SV
Fl9Dicle Pavement Structure R - -
S
"75.00
-S 11 250.00
S 30.00 5
4.500.00 5
7800 S
11 700.00 S
31.00 S
4,650.00'
6
500
TF.
Trench E3Wvalbn P
S
'7.00
S 3:50000
S 1.00 5
'500,00 S
IM S
I500.00T S
5:00 5
'2500.00
7
20
-EACH
BA=Wn Skots WW T
-5
200.0
S 4.00000
S S000 S
1,000.0W 00.00' S
475.00 5
9, :0 S
1,20D.00 S
24 000,00
0
25
EACH Remov " Rephwce or Install Now Std. Fiberglass Manhda to Depth
S 4.000=
5 10010MM
S 2,100,00 4
-57.61)D.00 S
4' 00 .S
100000.00. S
500.00 5
115OKOD
9
1
EACH Furnish and Install End of Una Clear-Oul
S
50"0
S 50.00
S 450.00 S
450.00 S
1,200.00 S
120.00 S
2000.00 S
2.000.00
10
150
V.F.
Extra Denth for New or Re cement Sid. Manhole, Over 9 Feet Depth Concrete cr
$
150.00
$ 22,50.00
S 75,00 S
11,250.0 $
2D5.0 S
30,750.00 $
525.0 $
76,750.00
11
176
EACH
Rewnnect Service Connection by Excavation includmil Stacks to Liner, al e, All Sizes, Up to 1
$
600.00
S 10(1,800.00
S 430,0 $
76,540.00 S
475.0 $
04,55040 5
725.0 S
128,050,00
12
26
EACH
Reconnect Service Connection by Excavation including Stacks to Luier, Complete. AD Saes,- Over 1 W
$
650.0
S 16,90.0,00
S 460.00 $
12.480.01)S
475.00 5
12,350,00 $
926.00 S.
24,050.00
.13
20
.EACH Obstruction Removal by Ekcava0n, AD toIS. Depth
S
7500
S •(5000.00
3 1 A25.00 S
2850.0, S
M'90 5
8500.00
't .00
2400.0
14.
500
LF.
Choin Link WO Wooden Fence& end Gd165 is
2S.W •I
S 12.50.00
S 30.00 S
15:00.0: S
15.00 S
7,500,00 :S
22.0 5
11.
15
21
EACH Copo Remove el and Replace m Install New Sid. ole, Up to B' Depth, with AD Joints 6 Connecttorts (Pro -Cam 5 5,0005,00011)(1.
$ 1 D5,WO.00
$ 2,350.00 S
49,350.00 $
5,00.0$
105,00,0 $
4.80.0 $
1000
,8,
16 .69",
LF.
6',.r Sewer to SAW OD U to 15'
5
38 �
S. 254:442.0
S 50.0 'S
347 950.00 S
4 W S
297270,00' S
'I5. S
31 155.0
17
45
LF.
F.W. Sewer 1612-75'01). U to, S
S
50.0
950.0
S .59.0 S
_.27.081.0
.58: S -20.622.00-. S
'S8. 5
704:0
13
912..
F.
10-ew
12' Sn to 14:0' OO U010 iS
S
55.0
S 50,160"0
S. 5
59280.0
57 S
Flo 0� S
150,00 $
0
BASE 810 QUANTITIES TOTAL:
S "806,02:00
745.131.00
S
"4254,00:
FS
.1 W
ALLOWANCE
"ANO. O
NIT
DESCRIPTIO
UNIT PRI
TOTAL
UNITPRICE
TOTAL
PRICE
Nf
UTPRICE
AL
1
1
. ALLOW nfe Work 23directed by the OWnff I
5 50,1XIM00
1
S Wow.tlo 1
S 50000.0 1 5
5000.00 S
50.000 .5
.50000.0 'S
5%=.00 1�5
5000.0
ALLOWANCETOTAL
TOTAL BASE ITEMS r ALLOWANCEI S
002.001
S
7 . 0 S
644 .0
,990.0
Page 2 of 2
BID TABULATION
Amelia Area Plpebur ting Contract Section 1 Bid No. WU7018-05
BID OPENING DATE: December 21, 2017
The Bid Proposals submitted have been roand to the best of my knoWedge this Is an accurate IabulaW of the bids received..';
PMI D. NGUYEN -
By; Pfd Nguyen, PE, F.rtpfrroer Date: 12lZ2f2017
Ia is tr-
ITEM No, QUANTITY
LWT
DESCRIPTION
OW-SchadWe (Engtnaefs Estimate)
-
adeCon, LLC
Jerry Wade
Kingwood, Texas 773]9
Horseshoe Construction, trrc.
James R. Halt
La Porte, TX 77571
CZ Construction
Carps Zambran ,
Houston, TX 77076
BASE BID ITEMS
UNIT PRICE
TOTAL
UNIT PRICE TOTAL
IWITPRICE
TOTAL
UNIT PRICE
TOTAL
I
L5
mobamation
S 30.0=00
S 304000.00 S
32,500.00 '.S 32.5W,00
S .10A00.00
S
0000.00
S 20.WQ,00 S
28880.00'
2
75
SY
Fun Depth R of Side
S 140.00
S 10 500.00
60.00 S 4,5W.00
S 12g.O0
S
.OD
77.00 S
5,M,00
75`
SY
Fun Depth Repairof
S 180.00
$ 13,500.00
7�_00 Y SM.00
3- 14 AD
S
10
-S' 6200 S
6.150,00•
4
75-
BY
ComhruousPavemem Joins ReWomemcm
'S 220.=
5- 16AW00 5
80.= S SAW=
S 50
S
3 MOD"
S 11300 $
6.475.00
5
160
SY
Flexible Pavement Structure Repair
$ 75.00
S 11250.00 'S
1000(1 1S ._
-.S MOD
S-
13,500.00
5 5i00 S
6250.90
.6
5=
LF.
TmaM F]vavation Protection, -
S i7.00
5 31i00.00 5
'S: `5- 2.SOOAO
5. 41.00
5
500.00
$ 0.10 S
50.00
7
20
EACH. Barricades. Signs and Traffic Handling
S 200.00
5:- - 4,Iw,00 5
250M S 5000.00
S 100.00
S
2.000.00.
S 265110 5
5300.=
8
25
. EACH Remove and Replace or Install Now Sid FEMMIam Manhole. Up to B DCM
S 4 =0.00
$ 100 000-00 S
2,000.00 S 75.DO0.1)O
S 3 500.00
S
67.500,=
S 31150DO S
96,250,00
9
1
EACH
Furnish and Install End of Uhe CleanOul
S 600.00
'S SO= 'S
750.00 S� 750.00
S. 1 .00
S
1,500.00
:5 7ro.0t1 S
770.OD
1D
100
V.F.
Extra Depth for New or Replacement Std, Manhole. Over 6 Fact m -Cast Concrete or Fibs lass
S 150.00
$ 22,500.00 S
250.= $ 37,500.00
$ 250,00
$
37,500.00
$ 50.00 S
7,500.00
it
178EACH
Reconnect -Service Comlectton by Excavation Including Stacks to Liner, Complete, AO Sizes, Up to 1S
Depth
$ 600,00
$ 108,600.00 $
$106,6.00
600.= 110
$ 600.00
$ 106,600,00
S 59ZDO $
105,376.00
12,
28
I EACHEACH$
Reconnect Service Connection by n Inducting Stacks to Liner, Complete, 6 Sizes, Over IS-
Depth
8 50.=
S 18,8t10A0 5
800:= 600
S 20,,00
S 800.00
$
20,600,00
$ 040,00 5
18,640.00
13
20.
EACH Obstruction Removal by Ex=rAon. An Sizes Up to 15 Death
1S .CO S
10110.00 5'20.900.00
S SM00
S
100=.00
�s •44500 S
6.900.00•.
14
LF.
Chain lJnt and Wooden Fences and Gatos-
.00
S 2,500.00
20.00 S 10 D=.DO
$ 21.00
5
10 00.
S S
10 WD.W
16
21
EACH
Remove and Replace or tnslan ew Std. Man , Up to U Depth, with Joints 6 Connections (Pre -Cast $ 5,0=.00
$ 105,000.00 S
3,ODO.DO $ 63,000.00
$ 4,500.00
$
94,500.=
S
85,050.0016'
;6959
LF.
6' 4r Sewer to 8:625- OD. to •15Oe
S• 3800
S 261.442.00
3050 5212249.50
S 31.00.
AQS4,0.j50,D.0
S
250 4.0017
459LF.
C•f0'SeNer lo127S'OD to 5
S' b0.00
5 22950.00 S
45.00 S 20.855.=
S 38-.=
S.
1 524.00.'S
-2524 =912
L .
Bursfi 10••12'Sawer .14.(1'00 U to 1S n
S 55.=
S 50.18000 S=
61:00 S 55.63200
S 48.
5
4 778.00
S S
8201...
- BASE BID QUANTITIES TOTAL
1
S 806,002.00 1
-5693 11.60
1
$ S 379.00
S
731 1.00
ALLOW
ITEM NOJ O
UNIT
-DESCRIPTION
UNIT PRICE
TOTAL
UNIT PRICE -TOTAL
UNIT PRICE
TOTAL
UNIT CE
TOTAL- -
1
1
L
Uhf en Work asdireded W the Owner
1 S 50000:00 1
S 50,000.00 1.5
60.=0.00 1 5 50.0w.011 1
5' 50000.00 1
S'
W.UM011 1"3
SC(M= 1 S
50.WD.O0'
ALLOWANCE TOTAL
-
TOTAL BASE REMS+ALLOWANCE
00
11
5
7 OD
781, 31.
Page 1 of 2
1.
2.
3.
4.
5.
6.
7.
8.
9.
10
The following is a list of forms that shall be completed and submitted with bid:
TITLE
PAGE NO.
Bid
16
Bid Schedule
19-20
Bid Summary (1st low bidder didn't complete)
21
Corporate Resolution
23
Bid Bond
24
Information Required of Bidder
25
Conflict of Interest Questionnaire
28
Statement of City Charter Provision on Conflict of Interest
30
Insurance Requirement Affidavit
45
MBE Schedule C
53
NOTE: OMISSION OF ANY OF THE ABOVE FORMS
MAY RESULT IN THE CITY REJECTING BID.
13
RESOLUTION NO.
WHEREAS, the City of Beaumont solicited bids for the Amelia Area Pipe
Bursting Contract — Section I Project; and,
WHEREAS, Horseshoe Construction, Inc., of La Porte, Texas, submitted a
complete bid meeting specifications in the amount of $744,379.00; and,
WHEREAS, the City Council is of the opinion that the bid submitted by
Horseshoe Construction, Inc., of La Porte, Texas, is the most advantageous to the City
and 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 City Council hereby approves the award of a contract to Horseshoe
Construction, Inc., of La Porte, Texas, in the amount of $744,379.00 to furnish all labor,
materials, equipment, and supplies for the Amelia Area Pipe Bursting Contract —
Section I Project; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a Contract with Horseshoe Construction, Inc., of La Porte, Texas,
for the purposes described herein.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of
January, 2018.
- Mayor Becky Ames -
3
January 9, 2018
Consider a resolution approving a contract with Lockwood, Andrews and Newman Inc. for Grant'
Management and Engineering Services related to Riverfront Park
BEAUMONT
TEXAS
TO:
FROM:
PREPARED BY:
MEETING DATE:
REQUESTED ACTION:
BACKGROUND
City Council
Kyle Hayes, City Manager
Todd Simoneaux, Chief Financial Officer
January 9, 2018
Council consider a resolution approving a contract with
Lockwood, Andrews and Newman Inc. for Grant Management and
Engineering Services related to Riverfront Park.
Lockwood, Andrews and Newman Inc. (LAN) will provide consulting services for disaster
recovery, alternative funding pursuits, grant management and engineering services to address
damages incurred to Riverfront Park during Hurricane Harvey. LAN will work with the Corps of
Engineers and other agencies to determine the most efficient way to stabilize the Riverfront bank
and, if possible, find funds to engineer and recapture the land that was lost due to Harvey.
A Request for Qualifications was solicited from ten (10) vendors. Five (5) responses were
received and evaluated by City staff.
FUNDING SOURCE
Ninety percent (90%) of the fees will be covered by FEMA. The remaining fees will be funded by
other grants, if applicable, or the Capital Program.
RECOMMENDATION
Approval of the resolution.
Criteria Scoring Sheet
RFQ Number: PF1118-04
RFQ Opening Date: December 7, 2017
RFQ Name: Grant Management and Professional Engineering Services
Lockwood, Andrews
& Newman, Inc.
Houston, Tx
Public Management
Cleveland, Tx
Ardurra Group
Houston, Tx
H2O Partners
Austin, Tx
Science Engineering
Port Arthur, Tx
Criteria Max Points
Firm Qualifications
30
28.50
26.50
25.00
23.50
21.00
Staff Qualifications
30
28.00
26.50
27.00
24.50
20.00
Project Approach
40
38.00
37.50
37.00
33.50
25.50
Total
100
94.50
90.50
89.00
81.50
66.50
ENGINEERING SERVICES AGREEMENT
STATE OF TEXAS
COUNTY OF JEFFERSON §
CITY OF BEAUMONT §
AGREEMENT FOR
CITY OF BEAUMONT
On-call Disaster Recovery, Mitigation, Planning and
General Engineer Services — Scope of Services
SECTION 1
This Agreement made and entered into in Beaumont, Jefferson County, Texas between the
City of Beaumont, a Municipal Corporation in the State of Texas, hereinafter termed "City" and
Lockwood, Andrews & Newnan, Inc. (LAN), duly licensed, and practicing under the laws of the
State of Texas, hereinafter termed "Engineer", said Agreement being executed by the City pursuant
to the City Charter and Ordinances and Resolutions of the City Council, and by said Engineer for
the Engineering Services hereinafter set forth in connection with the above designated Project for
the City of Beaumont.
I. General
A. Detailed Project Description
The Engineer will perform professional services for the City of Beaumont generally
described as providing On-call Disaster Recovery, Mitigation, Planning and General
Engineer Services required for the City of Beaumont as described in Attachments "A"and
"B", and made part of this contract. All services provided by the Engineer will conform to
standard engineering practices utilized by other members of the profession practicing under
similar circumstances at the same time and in a similar locality as well as applicable rules
and regulations of the Texas Engineering Practices Act and the rules of the Texas Board of
Professional Engineers.
B. The Engineer shall not commence work on this proposed Projectruntil he has been notified
in writing to proceed.
The Engineer, in consideration for the compensation herein provided, shall render all
professional services, including any associated subconsultants, necessary for the
development of the Project to completion, as provided in this Agreement.
City of Beaumont Scope of services - LAN
II. Basic Services
a. Meet with the City to determine detailed scope and schedule for each of the four (4) listed
tasks in Attachment A.
b. Perform the services described in Attachment A — Services To Be Provided By LAN, Inc.
Ill. Special Services
N/A
IV. Additional Services
All work that will be performed by the Engineer at the request of the City that is described in
this paragraph and not included in the paragraphs above, shall constitute Additional Services.
Additional Services shall include, but are not limited to the following:
A. Services required by the City in any litigation or other controversy as an expert witness,
including actual testimony time, stand-by waiting time, preparation of engineering data and
reports or depositions and consulting with the City or its attorney.
B. Preparation of any special reports, applications for permits or grants, and appearances
before any regulatory agencies or public hearings not included in Attachments "A" or `B".
C. Any revisions of previously approved work.
D. Any travel and subsistence to points other than Engineer's or City's Offices and Project
sites.
E. Additional services due to significant changes in scope of Project including but not limited
to changes in size, complexity, or character of services as agreed to by both parties.
F. Providing services after issuance of Letter of Acceptance from the City.
V. Coordination
A. The Engineer shall hold monthly conferences with the Public Works Director, hereinafter
termed "Director", or his representatives to the end that the Project as developed shall have
the full benefit of the City's experience and knowledge of existing needs and facilities, and
be consistent with its current policies and standards. To assist the Engineer in this
coordination, the City shall make available for the Engineer's use in planning and
City of Beaumont Scope of Services - LAN
designing the project all existing plans, maps, field notes, statistics, computations, and other
data in its possession relative to existing facilities and to this particular Project, at no cost
to the Engineer. However, any and all such information shall remain the property of the
City and shall be returned if instructed to do so by the Director. To the extent the Engineer
utilizes any such information to meet its standard of care the Engineer shall be entitled to
keep one such copy for its business record.
B. The Director will act on behalf of the City with respect to the work to be performed under
this Agreement. He shall have complete authority to transmit instructions, receive
information, interpret and define the City's policies and decisions with respect to materials,
equipment, elements and systems pertinent to Engineer's services.
C. The City will give prompt written notice to the Engineer whenever the City observes or
otherwise becomes aware of any defect (error or omission) in the Engineer's services or any
development that affects the scope or timing of Engineer's services.
D. The City shall furnish approvals and permits from all governmental authorities having
jurisdiction over the Project and such approvals and consents from others as may be
determined to be necessary by the City for the completion of the Project. The Engineer
will provide the City reasonable assistance in connection with such approvals and permits
such as furnishing of data compiled by the Engineer pursuant to other provisions of the
contract, but shall not be obligated to develop additional data, prepare extensive reports or
appear at hearings or the like unless compensated therefore under other provisions on this
contract.
E. The Engineer shall promptly report, in writing, to the City of any development that would
affect the scope or timing of the Project.
VI. Fee Schedule
A. General
For and in consideration of the services to be rendered by the Engineer in this Agreement,
the City shall pay and the Engineer shall receive the compensation hereinafter set forth for
the Engineer's services described in Sections II, III, and IV.
B. Basic and Special Services
The basis of compensation for Basic and Special Services shall be at the standard hourly
rates and expenses as provided in the Schedule of Hourly Rates and Expenses shown on
Attachment `B" - Billing Classification and Reimbursable Expenses Rate Table. The
Engineer agrees that the total for Basic and expenses shall not exceed $85,141, allocated
to tasks as agreed in writing between the parties.
City of Beaumont Scope of Services - LAN
VII. City Payments
A. Payments shall be made to the Engineer based on the several tasks as described above and
in accordance with the following:
One -hundred percent (100%) of the amount due the Engineer for work performed on
each task shall be payable on a monthly basis.
B. Payment shall be made within thirty (30) days after submittal of the request for payment
for work performed.
C. The City reserves the right to make an audit of time based and reimbursable expense
charges claimed for this contract for services.
VIII. Revisions to Drawings and Specifications
The Engineer shall make, without additional expense to the City over and above the basic
fee, such revisions to the Design Phase as may be required to meet the needs of the City.
After approval of the Design Phase by the City, any revisions, additions, or other
modifications made at the City's request that involves extra services and expenses to the
Engineer shall be subject to additional compensation to the Engineer for such extra services
and expenses.
IX. Ownership of Documents
All documents including the original drawings, estimates, specifications, field notes and data,
will remain the property of the Engineer as instruments of service. However, it is to be
understood that the City shall have free access to all such information with the right to make
and retain copies of drawings and all other documents including field notes and data. Any re-
use without specific written verification or adaptation by Engineer will be at City's sole risk
and without liability or legal exposure to Engineer.
X. Termination
Either party to this Agreement may terminate the Agreement by giving the other thirty (30)
days notice in writing and in accordance with the following procedure:
A. Upon delivery of such notice by either party to the party, and upon expiration of the thirty
day period, the Engineer shall discontinue all services in connection with the performance
of this Agreement and shall proceed to cancel promptly all existing orders and contracts
insofar as such orders or contracts are chargeable to this Agreement. As soon as
practicable after receipt of notice of termination, the Engineer shall submit a statement,
showing in detail the services performed under this Agreement to the date of termination.
The Owner shall then pay the Engineer promptly that proportion of the prescribed charge
to which the service actually performed under this Agreement is
City of Beaumont Scope of Services - LAN
applicable and useable to this Project, less such payments on account of the charges as have
been previously made. Copies of specifications prepared under this Agreement shall be
delivered to the City when and if this Agreement is terminated, but subject to the
restrictions, as to their use, as set forth in Section VIII.
B. Failure by the Engineer to comply with the submittal of the statement, and documents as
required above shall constitute a waiver by the Engineer of any and all rights or claims to
collect any monies that the Engineer may rightfully be entitled to for services performed
under this Agreement.
XI. Engineer's Warranty
The Engineer warrants that he has not employed or retained any company or person other than
a bona fide employee working solely for the Engineer to solicit or secure this Contract, and that
he has not for the purpose of soliciting or securing this Contract paid or agreed to pay any
company or person, other than a bona fide employee working solely for the Engineer, any fee,
commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or
resulting from the award or making of this contract.
XII. Equal Employment Opportunity
The Engineer agrees to follow the Minority Business Enterprise requirements and/or develop
an Affirmative Action Plan as set forth by the City.
XIII. Assignment or Transfer of Interest
The Engineer shall not assign or transfer its interest in the Contract without the written consent
of the City.
XIV. Indemnification/Liability
The Engineer shall save and hold harmless the City from all claims and liability due to
activities of himself, his agents, or employees, performed under this Contract and which result
from a negligent act, error or omission of the Engineer or of any person employed by the
Engineer. The Engineer shall also save harmless the City from any and all expenses, including
attorney fees which might be incurred by the City in litigation or otherwise resisting said
claim or liabilities which might be imposed on the City as result of such activities by the
Engineer, his agents, or employees and for which the Engineer is found to be legally liable.
The Engineer shall, within one week after signing the contract and before any work shall start,
furnish the City with certificates of insurance naming the City as additional insured on the
General Liability and Automobile policies satisfactory to the City and indicating the existence
of Statutory Workmen's Compensation Insurance. Such insurance shall be at the Engineer's
expense. The limits shall be as follows:
City of Beaumont Scope of Services - LAN
Commercial General Liability and Auto Liability Insurance shall not be less than $1,000,000.00
per incident / $1,000,000.00 per occurrence.
These certificates shall contain a provision that the City shall be notified thirty (30) days before
cancellation of the insurance. The Engineer shall maintain such insurance in force during the
life of the'contract and no modification or change of insurance carriage and provision shall be
made without thirty (30) days written advance notice to the City.
XV. Estimates of Cost
Since the Engineer has no control over the cost of labor, materials, or equipment or over the
contractor's methods of determining prices, or over competitive bidding or market conditions,
his opinions of probable Project Cost or Construction Cost provided for herein are to be made
on the basis of his experience and qualifications and represent his best judgment as a design
professional familiar with the construction industry but the Engineer cannot and does not
guarantee that proposals, bids or the construction cost will not vary from opinions of probable
cost prepared by Engineer.
XVL Force Majeure
The City agrees that the Engineer is not responsible for damages arising from any
circumstances beyond the Engineer's reasonable control. For purposes of this Agreement, such
causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions,
natural disasters, fire or other acts of God; riots, war or other emergencies; failure of any
governmental agency to act in timely manner; failure of performance by the City or the City's
other Engineers, it's Contractor or any of their subcontractors; or discovery of any hazardous
substances or differing and unforeseeable site conditions.
XVII. Interest in City Contracts Prohibited
No officer or employee of the City shall have a financial interest, direct or indirect, in any
Contract with the City, or shall be financially interested, directly or indirectly, in the sale to the
City of any land, materials, supplies or service, except on behalf of the City as an officer or
employee.
XVIII. Entire Agreement
This Agreement, including the attachments, represents the entire and integrated Agreement
between the City and Engineer and supersedes all prior negotiation, representations, or
agreements, either oral or written. This Agreement may be amended only by written instrument
signed by both the City and Engineer.
City of Beaumont Scope of Services- LAN
SECTION 2
IN WITNESS WHEREOF, the City of Beaumont has lawfully caused these presents to be
executed by the hand of the City Manager of said City, and the corporate seal of said City to be
hereunto affixed and this instrument to be attested by the City Clerk, and the said Engineer, acting
by the hand of Derek St. John, PE, CFM thereunto authorized signee title, does now sign, execute
and deliver this document.
Done at Beaumont, Texas, on this
Lockwood, Andrews & Newnan, Inc.
Business Group Director
Attest:
City of Beaumont Scope of Services - LAN
day of
, A.D. 2018.
CITY OF BEAUMONT
By:
City Manager
Attest:
ATTACHMENT A
SERVICES TO BE PROVIDED
BY LAN, INC.
City of Beaumorrt Scope of Services - LAN
Attachment A — Services To Be Provided By LAN, Inc.
January 5, 2018
Dr. Joseph Majdalani, PE, CFM
Public Works Director
City of Beaumont
801 Main, Suite 210
Beaumont TX 77701
RE: Tropical Storm Harvey Damage Mitigation - Riverfront Park Streambank Stabilization and Flood
Mitigation Engineering Services - Scope of Services
Dear Dr. Majdalani,
J
LAN is pleased to provide this agreement for Tropical Storm Harvey Damage Mitigation — Riverfront Park
Streambank Stabilization and Flood Mitigation Engineering Services. LAN is partnering with local
engineering firm Chica and Associates, in which they will provide general project support. The project
will be executed as follows.
Basic Services (Tasks A — D):
Task A — Riverfront Park Funding Evaluation and Application
Define and apply for alternative funding to assess and stabilize the western bank of the Neches River in
the vicinity of Riverfront Park which experienced significant streambank erosion during Tropical Storm
Harvey.
Task 100 — Project Funding Evaluation and Coordination
Explore parallel paths for project funding including the USACE (Corps) and NRCS Disaster
Response and FEMA Public Assistance. Facilitate USACE discussions in pursuit of a partnership
project. Compile documentation of damages including photo documentation and statements
from City staff. Review furnished relevant reports, studies, GIS data, and historical flood event
documentation in support of alternative funding pursuits. Perform up to two (2) site visits with
the Corps, NRCS, and/or FEMA representatives to inspect the damages and discuss options for
funding and mitigation alternatives. Coordinate alternatives development with project
stakeholders including the City, Port Authority, River Authority, and the Corps.
Task 200 — Funding Application
Prepare funding application including all associated attachments including problem statement,
summary documentation of damages, alternatives evaluation report, scope and fee for selected
alternative, and interlocal agreements (as applicable) to pursue alternative funding, local project
match commitment, and maintenance agreement. Coordinate with City staff for review and
authorization of funding application and associated attachments.
2925 Briarpark Drive, Suite 400 • Houston, TX 77042 • Phone: 713266.6900 • Fax 7132662089 • www.lan4nc.com
Funding administration and development of final engineering design plans and specification to be
contracted separately following funding award. Grant administration support will include preparation of
quarterly status reports, project financial summaries, coordination with funding stakeholders, and
facilitating public outreach requirements. Engineering services to include development of construction
drawings and specifications, construction oversite, and development of as -built plans following project
completion.
Deliverables Task A
Submittal Item:
Submittal Description:
Funding
Application
One electronic copy (in PDF format via email) of 8.5 x 11 complete funding application
and support documentation including City signatures and authorizations.
Task B — Riverfront Park Streambank Stabilization
Task 100 — Slope Stabilization
LAN will perform conceptual engineering to determine design options for the restoration and
stabilization of the eroded shoreline along the Neches River adjacent to City Hall. LAN will
provide a maximum of (2) design options for each of the following scenarios.
• Restore/Reclaim the eroded shoreline to pre -storm conditions and stabilize shoreline
• Stabilize shoreline at current / post -Storm location
Task 200 — Channel Bottom Stabilization
LAN will perform conceptual engineering to determine design options for the restoration of the
Neches River channel bottom that has scoured at the location adjacent to City Hall. LAN will
provide a maximum of (2) design options to fill the scoured hole delineated on the reference
bathymetric survey provided by the City.
Task 300 — Stabilization Design Memorandum
LAN will prepare a Design Memorandum (DM), which will summarize the findings from the
conceptual engineering tasks. LAN will describe each design option in a narrative format and
provide exhibits of each of the design options. These exhibits will include a conceptual plan
sheet and cross section for each design option.
LAN will perform conceptual cost estimating to determine Opinion of Probable Project Cost
(OPPC) for each of the design options. The OPPC will include construction, engineering and
other project costs.
OPCC will be made on the basis of LAN's experience and qualifications and represent our
judgment as an experienced and qualified professional generally familiar with the industry.
Upon your approval, LAN will meet with a local marine contractor to obtain a review of the costs
opinions and to obtain their validation of our opinion of costs.
2925 Ekiarpark Drive, Suite 400 • Houston, TX 77042 • Phone: 713266.6900 • Fax 713.266.2089 • www.lan4nc.com
2
Deliverables for this task include the design memorandum in report format, the OPPC within
body of the memorandum and exhibits attached to the report in the appendix. At the
conclusion of the task, it is assumed the City will review the draft submittal and provide
comments and those comments will be incorporated into the final submittal.
Deliverables Task B
Submittal Item:
Submittal Description:
Stabilization
One electronic copy (in PDF format via email) of 11x17 exhibits and 8.5 x 11 documents
Design
of the draft design memorandum submittal. The purpose of this submittal is to allow
Memorandum -
the City to perform an internal review of the draft document and provide comments.
Draft
LAN will incorporate comments and issue a final design memorandum. LAN has
included time for one round of review by the City of the draft memorandum.
Stabilization
One electronic copy (in PDF format via email) of 11x17 exhibits and 8.5 x 11 documents
Design
of the final design memorandum. The submittal will be submitted in a final format. LAN
Memorandum -
has not included time for review by the City of the final documents.
Final
Task C — Limited Ground Survey
The LAN team will include limited ground survey. This survey will aid in the development of preliminary
site exhibits. These exhibits will be a part of the Design Memorandum in Task B.
Deliverables Task C
Submittal Item:
Submittal Description:
Preliminary
One electronic copy (in PDF format via email) of 11x17 of the preliminary exhibits.
Ground Survey
Exhibits
Task D - Task Management and Controls
LAN will provide task management / controls for tasks listed below. This work will involve general
project management duties such as status reporting, scheduling of manpower and project deliverables,
staff assignments, internal coordination meetings and quality control based on LAN's pre -established QC
program. LAN has included time to respond to comments after the draft design memorandum
submittal.
2925 Briarpark Drive, Suite 400 • Houston, TX 77042 • Phone: 713.266.6900 • Fax 713.2662089 • www.lan4nc.com
3
Deliverables Task D
Submittal Item:
Submittal Description:
Design Review
One Electronic copy, in PDF format of the documents. LAN has included time for one
Meeting
design review meeting following the draft design memorandum submittal.
Minutes,
Agenda and
Sign -in sheet
Additional Services (Tasks E —1):
The following items within the Additional Services Tasks are budgetary place holders for future tasks.
During the execution of the Basic Services Task, if the need arises for these services and the City
approves the services in writing, a formal detailed proposal will be submitted. It should be noted, that
the budgetary amounts provided do not reflect an agreed upon compensation for services. Deliverables
for additional services are not shown and will be delineated within the formal detailed proposal.
Task E — Detailed Ground Survey
Task 100 — Ground Survey
Detailed ground surveying and mapping of the project area will be performed. This survey will
outline and detail the existing topographic features, which will serve as a reference base map
for the project design. Site control will be established using the horizontal and vertical controls
of surrounding monuments and additional bench marks will be established as required for the
project layout.
Task F — Bathymetric Survey
Task 100 — Bathymetric Survey
It is understood that a post -storm bathymetric survey was performed and this data has been
requested from the City. This data will be reviewed and work orders will be developed for
supplemental bathymetric surveying, as necessary, to delineate the bathymetry of the river
bottom and slope contours to support the preliminary design. It is anticipated that additional
surveying will be required to tie the bathymetric and ground survey together and fill gaps in the
existing data.
Task G — Geotechnical
Task 100 —Geotechnical Exploration and Engineering
Geotechnical field exploration and laboratory testing J analysis will be performed within the
project area. Geotechnical engineering will be performed at the completion of the Laboratory
testing. Engineering analysis will be performed to develop recommendations for the driven pile
2925 6riarpark Drive, Suite 400 • Houston, TX 77042 • Phone: 713266.6900 • Fax 713.266.2089 • www.lan-inc.com
4
design and in-situ capacity. In addition, soil lateral strength parameters will be determined to
aid in the structural design of the slope stabilization. A slope stability analysis of the stabilization
will be performed. Recommendations on various slopes angles and combinations of slope
protection will be provided based on the results of the soil borings collected within the project
area.
Task H — Environmental
Task 100 — Preliminary Permitting Support
Preliminary permitting support will be performed during the 30% design phase. The permitting
support will be limited to outlining the steps and determining the required documentation to
implement the design options evaluated during the preliminary engineering task.
Task I — Side Scan Sonar & Underwater Assessment
Task 100 — Preliminary Engineering
A side scan sonar of the underwater portion of the project area will be performed, to determine
the extent of dispersed rip -rap and debris along the project area. The determining the extent of
the debris will aide in the removal of conflicts with the installation of slope stabilization option
during construction. A condition assessment will be performed by a divers, to inspect the
remaining slope stabilization sheet piling upstream and downstream from the project area. This
will be performed to determine the extents of the project area and determine the condition of
the tie-in point between the existing stabilization and new stabilization project.
Task J — 30% Engineering Design
Task 100 — Preliminary Engineering
LAN will perform preliminary engineering of the City selected design options proposed within
the Design Memorandum for the restoration of the Neches River channel bottom and for the
restoration or stabilization of the eroded shoreline along the Neches River.
LAN will work with the City to develop a design criteria for the slope stabilization project. The
design slope stabilization option will be based on input from the flood modeling and field
services performed. A preliminary structural analysis and design will be performed to determine
the size of the retaining wall or toe stabilization required. The slope protection will be evaluated
based on geotechnical recommendations for the slope angle and the size of the slope protection
will be based on the modeled flood forces within the river.
LAN will perform preliminary hydraulic modeling to determine slope protection, fill requirement
and design criteria for the Neches River. Existing conditions will be created and validated against
Hurricane Harvey data. From there, size and types of slope protection can be determined.
Material to fill the scoured hole will be sized based on the outcome of the model, modeled
shear stresses and velocities.
2925 Briarpark Drive, Suite 400 • Houston, TX 77042 • Phone: 713.266.6900 • Fax 7132662089 • www.lanAnc.com
5
Task 200 — Drawings
LAN will develop 30% drawings based on the preliminary engineering task. The drawings will be
limited to general site plans and general sheets.
Proposal Assumptions & Clarifications
This Proposal is based on the following assumptions and clarifications
• Detailed Engineering, Permitting Services, Bid and Construction Phase Services are
excluded from this proposal.
• We have assumed deliverable documents will be provided in electronic format (PDF) to
the City for reproduction and distribution by internal document controls personnel.
Reproduction cost are not included.
• The City will provide electronic documents (AutoCAD format) of the bathymetric survey
performed along the eroded bank along the Neches River.
• The City will provide electronic documents (AutoCAD or PDF format) of previous
stabilization projects at the site.
• The City will provide pre -storm survey of the eroded shoreline in electronic format
(AutoCAD or PDF).
• LAN has included time for one design review meeting following the draft design
memorandum submittal.
• LAN has included time for one round of review by the City of the draft memorandum.
• Additional Services Tasks are budgetary place holders for future tasks. During the
execution of the Basic Services Task, if the need arises for these services and the City
approves the services in writing, a formal detailed proposal will be submitted. It should
be noted that the budgetary amounts provided do not reflect an agreed upon
compensation for services. Deliverables for additional services are not shown and will
be delineated within the formal detailed proposal.
LAN proposes to perform these services for time and materials not to exceed contract amount for the
Basic Services of $85,141. Additional services can be authorized, if necessary and requested by the
USACE, for items such as detailed ground survey, bathymetric survey, geotechinical services,
environmental services, side scan sonar and underwater assessment, and 30% engineering design.
Basic Services
ITask Description
Services Cost
Task A -Funding Application and Administration
$19,956
Task B - Mitigation Engineering Services
$44,987
Task C - Limited Ground Survey
$12,000
Task D - Management and Controls
$8,198
Total Cost for Basic Services
$85,141
2925 Briarpark Drive, Suite 400 - Houston, TX 77042 • Phone: 713.266.6900 • Fa)c 7132662089 • vnmian4moom
6
Invoices will be submitted to the City on a monthly basis in accordance with Attachment B, copy
attached. If additional documentation is needed to execute this agreement please contact me at 713-
821-0380.
Sincerely,
Derek St. John, PE, CFM
Business Group Director Water Resources
2925 Bdarpark Drlve, SuRe 400 • Houston, TX 77042 • Phone: 713266.6900 • Fax 7132662089 • www.lan4nc.com
ATTACHMENT B
BILLING CLASSIFICATION RATE TABLE
City of Beaumont Scope of Services - LAN
Attachment B
City of Beaumont
On-call Disaster Recovery, Mitigation, Planning and
General Engineer Services — Scope of Services
Billing Classification Rate Table
20 -October -2017
Position Houriv Rates
Principal...............................................................................................................$260
Team Leader/Program Manager.........................................................................$250
SeniorEngineer....................................................................................................$205
ProjectEngineer...................................................................................................$185
EngineerIII...........................................................................................................$165
EngineerII............................................................................................................$150
Engineer...............................................................................................................$140
GIS/ Data Manager..............................................................................................$130
Technical/ Designer.............................................................................................$105
AdministrativeSupport ........................................................................................$80
EngineeringIntern...............................................................................................$55
Rates subject to a maximum 5% increase in March of each year.
Page 1 of 2
Attachment B
City of Beaumont
On-call Disaster Recovery, Mitigation, Planning and
General Engineer Services — Scope of Services
Reimbursable Expenses Rate Table
20 -October -2017
Expense Category
Unit
Fixed Costs
Maximum Costs
Subconsultant/Subcontractor Invoices
Invoice
1.05 times Invoice
Not Applicable
Equipment and Supplies
Receipt
1.05 times Receipt
Not Applicable
Instruments, meters, gauges, data recording devices
of all types
Receipt
1.05 times Receipt
Not Applicable
Page 2 of 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 contract
with Lockwood, Andrews and Newman, Inc. (LAN) for grant management and
engineering services to address damages incurred during Hurricane Harvey.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of
January, 2018.
- Mayor Becky Ames -
C!
January 9, 2018
Consider a resolution authorizing Beaumont Retreat W, LP to submit an application to the Texas
Department of Housing and Community Affairs for a proposed Housing Tax Credit project known
as the Retreat West Beaumont, located in the 5900 Block of College Street, as well as offering
expressed support for the project
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Planning & Community Development Director
MEETING DATE: January 9, 2018
REQUESTED ACTION: Council consider a resolution authorizing Beaumont Retreat W, LP
to submit an application to the Texas Department of Housing and
Community Affairs (TDHCA) for a proposed Housing Tax Credit
(HTC) project known as the Retreat West Beaumont, located in the
5900 Block of College Street, as well as offering expressed support
for the project.
BACKGROUND
Beaumont Retreat W, LP is requesting authorization to submit an application to the Texas
Department of Housing and Community Affairs (TDHCA) for use of Housing Tax Credit (HTC)
funds for the construction of a one hundred -ten (110) unit senior housing development located in
the 5900 Block of College Street. Seventy-seven (77) units would be affordable and thirty-three
(33) would be market rate units.
Currently, Beaumont has more than twice the state average of housing units supported by Tax
Credits or private activity bonds per capita. As such, additional subsidized units could not be
considered for this program by TDHCA unless the City acknowledges that Beaumont has more
than twice the state average of subsidized housing units per capita as outlined in § 11.3 (b) of the
Qualified Allocation Plan (QAP). In addition, this resolution would approve the construction of
the development and authorize an allocation of Housing Tax Credits pursuant to Tex. Gov't
Code §2306.6703(a)(4). Also, applications that receive a Commitment of Development Funding
in the amount of at least $500 in the form of a loan, grant or reduced fees will receive additional
consideration by TDHCA.
Finally, the applicant has requested that the City offer exclusive support for this project
within the Urban Region Five funding pool.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
This item is being requested for consideration by Councilmembers W.L. Pate and Virginia Jordan.
RESOLUTION NO.
WHEREAS, Beaumont Retreat W, LP has proposed a new development of affordable 'rental
housing limited to seniors 62 year of age and older, in the 5900 Block of College Street,
Beaumont, TX 77707 named Retreat West Beaumont which would be constructed within the
City of Beaumont; and
WHEREAS, the ITEX Group, LLC, a locally based developer, has worked for more than seven
months with the Diocese of Beaumont to successful overcome issues the Diocese raised a year
ago concerning a similar development and its potential impact on the Diocese's high school; and
WHEREAS, Beaumont Retreat W, LP has advised that it intends to submit an application to the
Texas Department of Housing and Community Affairs (TDHCA) for 2018 Competitive 9%
Housing Tax Credits for Retreat West Beaumont, a senior restricted apartment development, to
be located on the Games People Play driving range at 5945 of College Street; and
WHEREAS, the property is currently zoned GC -MD which is appropriate for the proposed use
by Beaumont Retreat W, LP.
NOW, THEREFORE, BE IT RESOLVED, BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT
RESOLVED, that as provided for in § 11.3(b) of the TDHCA Qualified Allocation Plan, it is
expressly acknowledged and confirmed that the City of Beaumont has more than twice the state
average of units per capita supported by Housing Tax Credits or Private Activity Bonds, and
BE IT FURTHER RESOLVED, that the City of Beaumont hereby supports the proposed new
Beaumont Retreat W, LP development, and confirms that its governing body has voted
specifically to approve the construction and of the Retreat West Beaumont elderly limitation
apartment development and to authorize an allocation of Housing Tax Credits for this
development pursuant to Tex. Gov't Code §2306.6703(a)(4), and
BE IT FURTHER RESOLVED, that the City of Beaumont, TX, acting through its governing
body, hereby confirms that it is exclusively supporting in the TDHCA 2018 Competitive Tax
Credit Application Cycle in the Urban Region 5 Funding Pool, the proposed Beaumont Retreat
W, LP's new elderly limitation development to be located in the 5900 Block of College Street,
Beaumont, TX 77707 with the TDHCA Application number of #18095 and that this formal
action has been taken to put on record the opinion expressed by the City of Beaumont, TX at its
regularly scheduled Council Meeting on January 9, 2018, at which a quorum was present; and
BE IT FURTHER RESOLVED, that the City of Beaumont, TX will make a contribution of at
least Five Hundred Dollars ($500) toward the construction of the Retreat West Beaumont in the
form of cash or in-kind services; and
BE IT FURTHER RESOLVED, that for and on behalf of the Governing Body, Becky Ames,
Mayor of the City of Beaumont, TX and/or Kyle Hayes, City Manager are hereby authorized,
empowered, and directed to certify these resolutions to the Texas Department of Housing and
Community Affairs.
PASSED BY THE CITY COUNCIL on the 9th day of January, 2018
- Mayor Becky Ames -
Diocese of Beaumont
Mail: Post Office Box 3948
Beaumont, Texas 77704-3948
Location: 710 Archie Street at Forsythe
Beaumont, TX 77701-2802
November 22, 2017
Office of the Bishop
Mayor Becky Ames, City Council Members and City Manager
City of Beaumont
801 Main Street
Beaumont, TX 77701
Dear Beaumont Elected Officials and City Manager;
Telephone: (409) 924-4310
Bishop Fax: (409) 924-4399
Catholic Pastoral Center Pax: (409)'8384511
Email: bishop@crioceseotbmt.org
During the last several months the Diocese has been working closely with The ITEX
Group to address our concerns about their 2017 federal tax credit application to help fund a new
elderly 62+ housing development on the Games People Play site immediately north of Kelly
High School. I am pleased to report that our meetings have been highly productive. There is a
great need for affordable housing for low- and moderate income elderly citizens of our City and
Region, and ITEX has satisfactorily addressed our concerns including, the need for an adequate
buffer zone and increased traffic along Wendelin Road.
With respect to buffer: 1) ITEX has agreed to move their entire rental housing
development to a tract north of the pipeline ROW, a distance of approximately 900 feet from
Kelly High School's northern boundary with the Games People Play site, and 2) ITEX has
agreed to provide a deed restricted 150' buffer zone immediately north of the school's northern
boundary and will keep the existing trees within the buffer zone, except as may be required to
build a future walking trail.
With respect to traffic, 1) ITEX has agreed to move the primary entrance of their new
senior apartment development from Wendelin Road to College Drive. The development's
secondary entrance off Wendelin will only serve as an emergency and service entrance. ITEX is
proposing to build a new boulevard which will run south from an attractive entrance off College
Drive to their senior tax credit development and eventually this boulevard will be extended into
the southern 22 -acres of the Games People Play site. Although ITEX has not yet determined
how best to develop the southern portion of the property, the new boulevard enables ITEX to
continue to site limit traffic on Wendelin (the primary roadway used by our students) until such
time that the City provides necessary improvements, including curb and gutter on this popular
student entrance to Kelly High School.
I am satisfied that working together with ITER, we have made their development and our high
school compatible and good neighbors. I would encourage you to provide the City's exclusive
support for the ITEX senior development in the 2018 Texas Department of Housing and
Community Development funding round for the Urban 5 funding pool. The Games People Play
site is attractive and if ITEX is not successful in receiving this award, it is unlikely that a future
commercial development would be as compatible, provide a permanent buffer zone and address
the traffic safety concerns of our students and their parents. We encourage you to join with the
Diocese in supporting ITEX's proposed senior 62+ development at the Games People Play site.
Thank you.
Sincerely,
Most Rev. Curtis J. Guillory, S.V.D., D.D.
Bishop of the Diocese of Beaumont
Bishop Curtis J. Guillory, S.V.D., D.D.
Diocese of Beaumont
710 Archie Street
Beaumont, TX 77701
Dear Bishop Guillory;
9 Greenway Plaza, Suite 1250
Houston, TX 77046
P:713.963.8660 F:713.963.8164
November 21, 2017
Per our recent meeting and subsequent discussions, I am preparing this letter describing
the responsibilities of The ITEX Group, LLC and the Diocese of Beaumont concerning ITEX's
proposed purchase and development of the bulk of the Games People Play (GPP) Site
(approximately 32+ acres) in which the boundary line on the southern portion of the GPP Site
abuts with the northern boundary line of property owned by Kelly High School. Please be
mindful that TTEX's acquisition of the GPP property is contingent upon its application receiving
a 2018 award of tax credits by the Texas Department of Housing and.Community Development
(TDHCA).
ITER Responsibilities
ITEX agrees to place its senior 62+ senior multi -family tax credit financed development
on an 8+ acre site north of the Exxon Pipeline approximately 900' from the Kelly High
School/ITEX boundary line.
ITER agrees to a deed restricted 150' buffer between the Kelly High School boundary
line and the GPP property to be acquired by ITEX. This deed restriction will be prepared by the
Diocese' legal counsel, approved by ITEX and attached to this agreement. The deed restriction
will provide that the existing trees within the buffer area will remain, except for the removal of
trees, as necessary to build a walking trail (which, at all points, will not be closer than 75' from
the boundary Iine) in the event that ITEX chooses to construct a walking trail to serve future
developments.
ITEX agrees to build a boulevard as the primary entrance to its developments from
College Drive to serve ITEX's current and future developments. ITEX will have a secondary
gated entrance to the multi -family site from Wendelin Road for emergency and maintenance/
service access. ITEX eventually plans to extend the boulevard into the southern portion of the
property which will serve as the primary entrance for future developments until such time as the
City makes safety improvements to Wendelin Road including curb and gutter.
www.ITEXgrp.com
Diocese Responsibilities
The Diocese agrees to provide a Letter of Support signed by Bishop GuiIlory, acceptable
to ITER, supporting "ITEX's proposed Senior 62+ multi -family development. ITEX will use this
Letter of Support in working with the Beaumont Mayor, City Council and other elected leaders.
The Diocese will also express its support for the proposed ITEX senior multi -family
development with the board, staff and parents of Kelly High School.
The Diocese will assist ITEX in its efforts to secure a Support Letter from Catholic
Charities of Southeast Texas (a qualified non-profit community service provider) and its IRS
letter of non-profit status, enabling the ITEX tax credit application to the TDHCA to receive two
points. The parties understand without these points it will be difficult for the ITEX application
to be competitive.
The Diocese's agrees not to object if ITEX chooses to construct a walking trail within the
buffer zone or one or more secondary emergency/service entrances off Wendelin Road if
required by the City, Fire Marshall or other governmental entity with jurisdiction.
Sincerely;
t•;xecutive Vice Yresictent
Agreed to by:
Most Reverend Curtis J. GuiIlory, D.S.V., D.D.
Date: Octel2 X, 2017
RESOLUTION NO.
WHEREAS, Beaumont Retreat W, LP has proposed a new development of
affordable rental housing limited to seniors 62 year of age and older, in the 5900 Block
of College Street, Beaumont, TX 77707 named Retreat West Beaumont which would be
constructed within the City of Beaumont; and,
WHEREAS, the ITEX Group, LLC, a locally based developer, has worked for
more than seven months with the Diocese of Beaumont to successful overcome issues
the Diocese raised a year ago concerning a similar development and its potential impact
on the Diocese's high school; and,
WHEREAS, Beaumont Retreat W, LP has advised that it intends to submit an
application to the Texas Department of Housing and Community Affairs (TDHCA) for
2018 Competitive 9% Housing Tax Credits for Retreat West Beaumont, a senior
restricted apartment development, to be located on the Games People Play driving
range at 5945 of College Street; and,
WHEREAS, the property is currently zoned GC -MD which is appropriate for the
proposed use by Beaumont Retreat W, LP;
NOW, THEREFORE, BE 1T 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 as provided for in §11.3(b) of the TDHCA Qualified Allocation Plan, it is
expressly acknowledged and confirmed that the City of Beaumont has more than twice
the state average of units per capita supported by Housing Tax Credits or Private
Activity Bonds, and,
BE IT FURTHER RESOLVED, that the City of Beaumont hereby supports the
proposed new Beaumont Retreat W, LP development, and confirms that its governing
body has voted specifically to approve the construction and of the Retreat West
Beaumont elderly limitation apartment development and to authorize an allocation of
Housing Tax Credits for this development pursuant to Tex. Gov't Code
§2306.6703(a)(4), and,
BE IT ALSO RESOLVED, that the City of Beaumont, TX, acting through its
governing body, hereby confirms that it is exclusively supporting in the TDHCA 2018
Competitive Tax Credit Application Cycle in the Urban Region 5 Funding Pool, the
proposed Beaumont Retreat W, LP's new elderly limitation development to be located in
the 5900 Block of College Street, Beaumont, TX 77707 with the TDHCA Application
number of #18095 and that this formal action has been taken to put on record the
opinion expressed by the City of Beaumont, TX at its regularly scheduled Council
Meeting on January 9, 2018, at which a quorum was present; and,
BE IT ALSO RESOLVED, that the City of Beaumont, TX will make a contribution
of at least Five Hundred Dollars ($500) toward the construction of the Retreat West
Beaumont in the form of cash or in-kind services; and,
BE IT ALSO RESOLVED, that for and on behalf of the Governing Body, Becky
Ames, Mayor of the City of Beaumont, TX and/or Kyle Hayes, City Manager are hereby
authorized, empowered, and directed to certify these resolutions to the Texas
Department of Housing and Community Affairs.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of
January, 2018.
- Mayor Becky Ames -