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HomeMy WebLinkAbout01/28/2020 PACKETBEAUMONT TE X A S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 28, 2020 1:30 PM X71 Approval of minutes — January 14, 2020 * Confirmation of board and commission member appointments Clarke Baker would be appointed as Chairman of the Parks and Recreation Advisory Committee. The term would commence January 28, 2020 and expire September 30, 2021. (Mayor Becky Ames) Vivian Todd would be appointed as Vice Chairman of the Parks and Recreation Advisory Committee. The term would commence January 28, 2020 and expire. September 30, 2021. (Mayor Becky Ames) Marc McDonald would be appointed as Chairman of the Convention and Tourism Advisory Board. The term would commence January 28, 2020 and expire September 30, 2021., (Mayor Becky Ames) Bill Bianchi would be appointed as Vice Chairman of the Convention and Tourism Advisory Board. The term would commence January 28, 2020 and expire September 30, 2021. (Mayor Becky Ames) Brenda Spivey would be appointed to the Community Development Advisory Committee. The term would commence January 28, 2020 and expire September 30, 2021. (Councilmember Robin Mouton) John Johnson would be appointed to the Community Development Advisory Committee. The term would commence January 28, 2020 and expire September 30, 2021. (Councilmember W.L. Pate) Jeff Beaver would be reappointed to the Board of Adjustment (Zoning). The current term would expire January 11, 2022. (Mayor Becky Ames) Greg Wall -Architect would be reappointed to the Building Board of Appeals.. The current term would expire January 24, 2022. (Mayor Becky Ames) Lee Acevedo -Electrician would be reappointed to the Building Board of Appeals. The current term would expire January 24, 2022. (Mayor Becky Ames) Toni Neild -Alternate General Contractor would be reappointed to the Building Board of Appeals. The current term would expire January. 24, 2022. (Mayor Becky Ames) A) Authorize the City Manager or his designee to execute an agreement with the DEA (Drug Enforcement Agency) B) Authorize the City Manager to apply for and receive funding through U. S. Department of Homeland Security, 2020 Emergency Management Performance Grant (EMPG) program C) Approve a resolution to reject a bid for the purchase of ready -mix concrete and heavy materials D) Authorize the City Manager to execute an agreement with Fiberlight LLC for the placement of fiber optic cable in public right-of-way RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointments be made: Appointment Commission Beginning of Expiration of Term Term Clarke Baker, Parks and 01/28/2020 09/30/2021 Chairman Recreation Advisory Committee Vivian Todd, Vice Parks and 01/28/2020 09/30/2021 Chairman Recreation Advisory Committee Marc McDonald, Convention and 01/28/2020 09/30/2021 Chairman Tourism Advisory Board Bill Bianchi, Vice Convention and 01/28/2020 09/30/2021 Chairman Tourism Advisory Board Brenda Spivey Community 01/28/2020 09/30/2021 Development Advisory Committee John Johnson Community 01/28/2020 09/30/2021 Development Advisory Committee THAT the following reappointments be made: Reappointment Commission Beginning of Expiration of Term Term Jeff Beaver Board of 01/28/2020 01/11/2022 Adjustment (Zoning) Greg Wall Building Board of 01/28/2020 01/24/2022 Appeals Lee Acevedo Building Board of 01/28/2020 01/24/2022 Appeals Tom Neild Building Board of 01/28/2020 01/24/2022 Appeals 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 28th day of January, 2020. - Mayor Becky Ames - A BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager . PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: January 28, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager or his designee to execute an agreement with the DEA (Drug Enforcement Agency). BACKGROUND The Beaumont Police Department has provided an officer to work as a Task Force Officer with the DEA (Drug Enforcement Agency) for many years. The proposed agreement will allow for the potential reimbursement of overtime for the Task Force Officer up to $18,649. 1 During the period of assignment, the Beaumont Police Department officer would be under the direct supervision and control of the DEA'(Drug Enforcement Agency) supervisory personnel -assigned to the Task Force. The agreement describes the duties and activities that the Task Force will perform. FUNDING SOURCE None. RECOMMENDATION Approval of the resolution. 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 all documents necessary, specifically a Program Funded State and Local Task Force Agreement between the Beaumont Police Department and the United States Department of Justice, Drug Enforcement Administration (DEA) for the purpose of detailing one (1) experienced officer to the Beaumont Task Force for a period of not less than two (2) years. 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 28th day of January, 2020. - Mayor Becky Ames - PROGRAM FUNDED STATE AND LOCAL TASK FORCE AGREEMENT This agreement is made this 1St day of January 2020, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Beaumont Police Department (hereinafter "BPD"), ORI TX1230700. The DEA is authorized to enter into this cooperative agreement concerning the use and abuse of controlled substances under the provisions of 21 U.S.C. § 873. Whereas there is evidence that trafficking in narcotics and dangerous drugs exists in the Beaumont, Texas, area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of Texas, the parties hereto agree to the following: 1. The Beaumont Task Force will perform the activities and duties described below: a. disrupt the illicit drug traffic in the Beaumont, Texas. area by immobilizing targeted violators and trafficking organizations; b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and c. conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the Task Force's activities will result in effective prosecution before the courts of the United States and the State of Texas. 2. To accomplish the objectives of the Beaumont Task Force, the BPD agrees to detail one experienced officer(s) to theBeaumont Task Forcefor a period of not less than two years. During this period of assignment, the assigned BPDofficer(s) will be under the direct supervision and control of DEA supervisory personnel assigned to the Task Force. 3. The BPD officer(s) assigned to the Task Force shall adhere to all DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal fiom the Task Force. 4. The BPD officer(s) assigned to the Task Force shall be deputized as Task Force Officer(s) of DEA pursuant to 21 USC 878. 5. To accomplish the objectives of the Beaumont'Fask Force, DEA will assign threeSpecial Agents to the Task Force. DEA will also, subject to the availability of annually appropriated funds or any continuing resolution thereof, provide necessary funds and equipment to support the activities of the DEA Special Agents andBPD officer(s)to the Task Force. This support will include: office space, office supplies travel funds, funds for the purchase of evidence and information, investigative equipment, training and other support items. 6. During the period of assignment to theBeaumont Task Force, the BPD will remain responsible for establishing the salaries and benefits, including overtime, of the BPD officer(s) assigned to the Task Force and for making all payments due them. DEA will, subject to ORI TX1230700 EXHIBIT "A" availability of funds, reimburse the BPD for overtime payments made by it to the BPD officer(s) assigned to the Beaumont Task Force for overtime, up to a sum equivalent to 25 percent of the salary of a GS -12, Step 1 (RUS) federal employee, currently $18,649.00, per officer. Note: Task Force Of overtime "Shall not include any costs for beneft"ts, such as retirement, FICA, and other expenses." 7. In no event will the BPD charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The BPD shall maintain on a current basis complete and accurate records and accounts of all obligations and expenditures of funds under this agreement in accordance with generally accepted accounting principles and instructions provided by DEA to facilitate on-site inspection and auditing of such records and accounts. 9. The BPD shall permit and have readily available for examination and auditing by DEA, the United States Department of Justice, the Comptroller General of the United States and any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts or expenditures relating to this agreement. The BPD shall maintain all such reports and records until all litigation, claim, audits and examinations are completed and resolved or for a period of three (3) years after termination of this agreement, whichever is later. - 10. The BPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements imposed by or pursuant to the regulations of the ,United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and I. 11. The BPD agrees that an authorized officer(s) or employee will execute and return to DEA the attached ON Form 4061/6, Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug -Free Workplace Requirements. The BPD acknowledges that this agreement will not take effect and no federal funds will be awarded until the completed certification is received. 12. When issuing statements, press releases requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or part with federal money, the BPD shall clearly state: (1) percentage of the total cost of the program or project which will be financed with federal money and (2) the dollar amount of federal funds for the project or program. 13. The term of this agreement shall be effective from the date in paragraph number one until September 30, 2020. This agreement may be terminated by either party on 30 days advance written notice. Billing for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. DEA will be responsible only for obligations incurred by BPD during the term of this agreement. 2 ORI TX1230700 For the Drug Enforcement Administration: Date: Steven S. Whipple, Acting Special Agent in Charge For the Beaumont Police Department: Date: James P. Singletary Chief of Police ORI TX1230700 �` U.S. DEPARTMENT OF JUSTICE r OFFICE OF JUSTICE PROGRAMS `w�.„n„��� OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Debarment and Suspension (Nonpro-curement) and Government -wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and public (Federal, State, or local) transaction or contract under a Implemented at 28 CFR Part 69, for persons entering into a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, grant or cooperative agreement over $100,000, as defined at bribery, falsification or destruction of records, making false 28 CFR Part 69, the applicant certifies that: statements, or receiving stolen property; (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for in- fluencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress In con- nection with the making of any Federal grant, the entering Into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) if any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or at- tempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress In connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities, in accordance with its instructions; (c) The undersigned shall require that the language of this cer- tification be Included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub - recipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospec- tive participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510— A. The applicant certifies that it and Its principals: (a) Are not presently debarred, suspended, proposed for debar- ment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this applica- tion been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connec- tion with obtaining, attempting to obtain, or performing a (c) Are not presently Indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this applica- tion had one or more public transactions (Federal, State, or local) terminated for cause or default; and S. Where the applicant is unable to certify to any of the statements in,thls certification, he or she shall attach an explanation to this application. 3. DRUG-FREE WORKPLACE (GRANTEES OTHERTHAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and Implemented at 28 GFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620— A. The applicant certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug-free awareness program to Inform employees about— (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilltatlon, and employee assistance programs; and (4) The penalties that may be Imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the state- ment required by paragraph (a); (d) Notifying the employee In the statement required by para- graph (a) that, as a condition of employment under the grant, the employee will— OJP FORM 406116 (3.91) REPLACES OJP FORMS 406112, 406113 AND 4081/4 WHICH ARE OBSOLETE. (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such convic-tion. Employers of convicted employees must provide notice, Including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall include the iden- tification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who Is so convicted— (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforce- ment, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug- free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check p if there are workplaces on file that are not indentified here. Section 67, 630 of the regulations provides that a grantee that is a State may elect to make one certification In each Federal fiscal year. A copy of which should be Included with each ap- plication for Department of Justice funding. States and State agencies may elect to use OJP Form 4061/7. Check ❑ if the State has elected to complete OJP Form 406117. DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67; Sections 67.615 and 67.620— A. As a condition of the grant, I certify that I will not engage In the unlawful manufacture, distribution, dispensing, posses- sion, or use of a controlled substance in conducting any activity with the grant; and B. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 810 Seventh Street NW., Washington, DC 20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: (State and Local Agency Name) Beaumont Police Department 255 College Street Beaumont, TX 77701 2. Application Number and/or Project Name NIA 4. Typed Name and Title of Authorized Representative 5. Signature 3. Grantee IRSNendor Number N/A 6. Date 'U.S. Govemment Printing Office; 1996- 405-037140014 B BE,AUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: January 28, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to apply for and receive funding through U. S. Department of Homeland Security, 2020 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; however, the amount is capped. The City.was awarded $38,195.30 from this funding source in fiscal year 2019, and we anticipate the City receiving a similar amount in fiscal year 2020. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. FISCAL YEAR 2020 APPLICATION FOR FEDERAL ASSISTANCE (instructions on Reverse) NAME OF PROGRAM/ ASSISTANCE: i. CFDA NUMBER: 2. APPLICANT EMERGENCY MANAGEMENT STATUS: New Applicant ❑ PERFORMANCE GRANT (EMPG) 97.042 Renewal 3. FEDERAL FISCAL YEAR: 4. START DATE: 5. END DATE: FY 2020 OCTOBER 1, 2019 SEPTEMBER 30, 2020 P'IMF 3-A N ......... .. . . I a. Legal Name of Applicant Organization (as b. Name & Telephone Number(s) of it appears on the EMPG Application Emergency Management Coordinator: (TDEM-17): City of Beaumont Tim Ocna$Ghek 409-880-3804 c. Mailing Address: d. Physical Address (if different from Mailing P. O. Box 3827 Address): Beaumont, TX 77704-3827 700 Orleans, 2nd floor - Beaumont, TX 77701-3309 oy r Identification NumberfTax ID# 74-6000278 hmp .-E ii 1.1740e i6 :,staff,thatWWOW, MPO� RSONNEL�AUMMAW*- 1PE 9,'-, e. Number of EMPG Staff & Percentage of Time Worked in Emergency Management Duties Staff Percent # Staff Percent # Staff Percent i) Full Time: 3 100 2) Part Time 1 100 Total Number of EMPG-Funded Personnel: 4 ESTIMATED.. f. Salary & Benefits from line 18, form TDEM-66) $280,190.74 g. Travel Expenses from line 19 form TDEM-66) $0.00 h. Other Expenses from section on reverse) $0.00 i. Total Expenses (F + G + H) $ 280,190.74 j. Federal Share (I x.50) 1$140.095.37 Note: If you cannot meet the cash match requirement, check the box below and attach a match proposal as specified in Section 2 of the Loca/ Emergency Management Performance Grant Guide. TDEM must review and approve any exceptions made to the cash match requirement at the time of app ication. E] Cash Match Exception Requested be ter, is: -OR ieti. h. t. k. Typed Name of Authorized Official: Kyle Hayes i. Title of Authorized Official: City Manager m. Original Signature of Authorized Official: n. Date Signed: Rev. 11119 TDEM-67 INSTRUCTIONS 1. Except as indicated below, entries are self-explanatory. 2. Item A: Enter the legal name of your jurisdiction. Your entry should match the Applicant Name used on the EMPG Program Application (fDEM-17). 3. Item E: indicate both the number of full-time and part-time employees who work specific percentages of time in emergency management duties. Example 1: 1- staff @ 100 percent, 2- staff @ 50 percent. Example 2: indicate the number of part-time employees. Include only staff members whose salary and benefits are supported by EMPG funding. The data in this section should agree with the information included on the EMPG Staffing Pattern (IDEM -66). Item K, L, & M: This form must be signed by the Authorized Official indicated on the TDEM 17B. Authorized Officials are County Judges, Mayors, and City Managers- NOT Emergency Management Coordinators. - B Describe the other allowable expenses of your emergency management program that you are requesting be supported by EMPG funding and provide an estimate of the amount of those expenses. These costs must comply with 2 CFR, Part 225, Cost Principles for State. Local, and Indian Tribe Governments. Salaries and expenses for elected officials are not allowable under the EMPG grant. Continue on a separate sheet if necessary. Transfer the Total calculated below to line 9c on the front of this form. To determine if an expense is allowable under the EMPG program, refer to the Authorized Equipment List (AEL) at https://www.fema.gov/authorized-equipment-list# Please reference the appropriate Authorized Equipment List (AEL) for expenses listed below: Specific Description of Expense AEL Code (Descriptions must be specific — do not use broad or general categories, Estimated Amount such as operating or administrative expenses) $ 0.00 $ 0.00 Total j $ 0.00 Rev. 11/19 TDEM-67 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, 2020 Emergency Management Performance Grant (EMPG) in an amount not to exceed $140,095.37 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 28th day of January, 2020. - Mayor Becky Ames - ►J C BEAUMONT TEXAS TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Kyle Hayes, City Manager Todd Simoneaux, Chief Financial Officer January 28, 2020 Council consider a resolution to reject a bid for the purchase of ready -mix concrete and heavy materials. BACKGROUND These materials are used by multiple City departments for general, construction, street repairs/replacement, water and sewer projects, and heavy rock for landfill use. The specifications for this contract combine the requirements of each affected department under a single contract rather than having multiple contracts for the same materials. Bids were requested from six vendors and one response was submitted. Primary and secondary vendors are recommended because if one of the vendors is not open for business on weekends or has an .equipment or supply issue, City work may continue without disruption. For this reason, staff recommends that the sole bid be rejected and that the contract be re -bid. Until a bid is awarded the bid tab is not made public. Publishing the bid tab prior to re -bid would give other vendors an unfair competitive advantage, thus the bid tab is not included. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, the City of Beaumont solicited bids for a one (1) year contract with an option of two (2) renewals of twelve (12) month terms at the same pricing as the awarded contract to supply ready mix concrete and heavy construction materials for use by multiple City departments for general construction, street repair/replacement, water and sewer projects, and heavy rock for landfill use; and, WHEREAS, primary and secondary bids were solicited because if one of the vendors is not open for business on weekends or has an equipment or supply issue, City work may continue without disruption; and, WHEREAS, bids were requested from six (6) vendors and one (1) responded; and, WHEREAS, staff recommends that the sole bid received be rejected and the contract be re -bid; and, WHEREAS, City Council is of the opinion that the sole bid received be rejected and the contract be re -bid; 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 sole bid received for the annual contract for a one (1) year contract with an option of two (2) renewals of twelve (12) month terms at the same pricing as the awarded contract to supply ready mix concrete and heavy construction materials for use by multiple City departments for general construction, street repair/replacement, water and sewer projects, and heavy rock for landfill use be rejected by the City of Beaumont and the contract be re -bid. 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 28th day of January, 2020. - Mayor Becky Ames - D BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Public Works Director MEETING DATE: January 28, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an agreement with Fiberlight LLC for the placement of fiber optic cable in public right-of-way. BACKGROUND Fiberlight LLC will route 417 linear feet of fiber optic cable across the public right-of-ways of Crockett Street, Pearl Street and Liberty Avenue. The fiber optic cable will run service to 398 Pearl Street. FUNDING SOURCE Fiberlight LLC will pay the City of Beaumont a fee in accordance with Chapter 283 of the Texas Local Government Code. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Public Right -of -Way Use Agreement with Fiberlight, LLC, of Carrollton, Texas, for the placement of 417 linear feet of fiber optic cable in the public right-of-way of Crockett Street, Pearl Street and Liberty Avenue with a fee in accordance with Chapter 283 of the Texas Local Government Code. 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 28th day of January, 2020. - Mayor Becky Ames - PUBLIC RIGHT-OF-WAY USE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, Fiberlight LLC desires to use certain public right-of-way within the City of Beaumont for the purposes set forth below; and, WHEREAS, it is the position of the City of Beaumont that Fiberlight LLC must obtain a license in order to use the public right-of-way; and, WHEREAS, the City Council of the City of Beaumont has determined that it is appropriate to make the following agreement with Fiberlight LLC; and, NOW, THEREFOR; The City of Beaumont, hereinafter called "City" for and in consideration of the receipt of good and valuable consideration, as set out more fully herein, hereby agrees with Fiberlight LLC that Fiberlight LLC may lay, maintain, operate, replace or remove fiber optic and related appurtentant facilities used to provide telecommunications services, including dark fiber for the transportation of communications (the "system") in, on, under or across the streets, alleyways and easements situated in the City of Beaumont, Jefferson County, Texas, as more specifically set out in the permit drawings and subject to the following conditions: (a) The system shall be installed in such a manner as has been approved by the City Engineer and/or the Texas Department of Transportation, if applicable, so that the finished installation shall, in no way, interfere with the use of the public streets and alleys by the public. Permits shall be obtained by Fiberlight LLC or Fiberlight LLC contractor from the Public Works Department of the City prior to any installation, maintenance or removal requiring excavation. (b) The system shall be buried at a depth of no less than thirty (30) inches unless otherwise authorized by the City Engineer and/or the Texas 1 EXHIBIT "A Department of Transportation, if applicable. The system is to be installed a minimum of thirty-six inches (36") below the existing flow line of the adjacent drainage ditch, when crossing or placed in said ditch. Fiberlight LLC will notify the Public Works Department of the City of Beaumont prior to installation of the system under this agreement, and shall obtain City permits at a cost not to exceed a one-time charge of Ten Dollars ($10) plus Five Dollars ($5) for each day of construction. (c) The installation and operation of the system shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, water lines, or other facilities. (d) The system shall be installed in such a manner as to provide a twelve (12) inch vertical clearance and a thirty-six (36) inch horizontal clearance with existing water or sanitary sewer lines. All excavations within the right-of-way shall be backfilled in accordance with City Standards. All surplus material shall be removed from the right- of-way. (f) Excavations necessary for the installation, repair or maintenance of the system shall be performed in such a manner as will cause the least inconvenience to the public and Fiberlight LLC shall promptly restore to as good a condition as before and to the reasonable satisfaction of the City Engineer and/or the Texas Department of Transportation, all streets, alleys, or easements, excavated by it. (g) The system will be installed in accordance with the drawings approved by the City and to the specifications which set out the specific location, depth, method of construction, etc., of the installation. (h) Construction along roadways shall be performed in such a manner that excavated materials shall create the minimum hazard and obstruction. All property where operations are performed will be restored to original condition or better. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of the system. (i) Any installation which takes place in, on, under, above, or across property which is not owned by the City or not a City easement or right-of-way shall require additional permission by the owner(s) of the property involved. Approval of this license agreement excludes permission to do any installation on property which is not owned by the City of Beaumont. 0) Barricades, warning signs, lights, and flagmen will be provided and 2 installed in accordance with the Texas Manual of Uniform Traffic Control Devices (current edition) by Fiberlight LLC contractor when, in the opinion of the City Engineers, such is necessary for the safe installation of the system. Fiberlight LLC or its contractor will provide supervision of the work which is knowledgeable in the standards referred to above. Nothing herein is to be construed as prohibiting the use by Fiberlight LLC or its contractor of additional barricades, warning signs and lights or flagmen as be necessary. In the event Fiberlight LLC or its contractor does not comply with the barricading standards, the City Engineer may order Fiberlight LLC and its contractor to stop work; but only until compliance is achieved. (k) City reserves the right to lay and to permit to be laid sewer, gas, water and other pipes and cables, and to do or permit to be done any municipal underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any of said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Fiberlight LLC for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Fiberlight LLC rights to recover damages against any contractor or third party who may be responsible for damages to Fiberlight LLC facilities. (1) If the City requires Fiberlight LLC to remove, alter, change, adapt, or conform its facilities because of changes in the grade of a street or in the location or manner of constructing a water pipe, sewer pipe, or other underground or aboveground structure owned by the City, on alternative right-of-way provided by the City, Fiberlight LLC shall make the alterations or changes as soon as practicable when ordered in writing by the City, without claim for reimbursement or damages against the City at no additional charge to Fiberlight LLC. If these requirements impose a financial hardship on Fiberlight LLC, Fiberlight LLC shall have the right to present alternative proposals for the City's consideration. If the City requires Fiberlight LLC to remove, alter, change, adapt or conform its facilities to enable any other corporation or person, except the City, to use, or to use with greater convenience, any public right-of-way, Fiberlight LLC shall not be required to make any such changes until such other corporation or person shall have undertaken, with solvent bond, to reimburse Fiberlight LLC for any loss and expense which will be caused by or arise out of such removal, alteration, change, adaptation or conformance of Fiberlight LLC facilities; provided, however, the City shall never be liable for such reimbursements. (m) Fiberlight LLC shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or 3 property occasioned by or arising out of the installation, maintenance, operation, repair or removal of the system by Fiberlight LLC, except to the extent arising from the sole negligence, or wanton conduct or gross negligence of the City of Beaumont, its employees or agents. Neither party shall be liable to the other for any consequential, special, or indirect damage hereunder. (n) If the system or any part thereof installed by Fiberlight LLC shall be in any respect damaged or injured by the City or any public entity in connection with any construction or maintenance of any public facility, Fiberlight LLC shall not be entitled to prosecute or maintain a claim against the City or such public agency unless such damage is occasioned by the City or such public agencies wanton conduct or gross negligence. However, nothing contained in this paragraph shall prevent Fiberlight LLC from prosecuting or maintaining a claim against a private contractor employed by the City or such entity. (o) Recovery by Fiberlight LLC for damages that occur to Fiberlight LLC facilities, as a result of an adjoining residential homeowner's attempt to construct improvements to his frontage shall be limited to actual damages only and no loss of revenue as damages. Any additional cost shall be borne by Fiberlight LLC. (p) The system shall be maintained and operated in such a manner as to cause no damage to public facilities. Damage to public facilities occasioned by such maintenance and operation shall be at Fiberlight LLC expense. Such damages shall be limited to actual damages and no loss of revenue damages. (q) Fiberlight LLC contractors shall furnish the City with a certificate of insurance issued by an insurer acceptable to the City showing that the permittee has in force, and will maintain in force during the construction of the system, liability insurance of not less than $1,000,000 for any one accident and property damage insurance of not less than $1,000,000, or to applicable City insurance requirements, at the time of such construction. Such insurance shall be maintained in force during the life of the project and no modifications or change of insurance coverage and provisions shall be made without ten (10) days written advance notice to the City. (r) Fiberlight LLC shall make payment to the City of Beaumont in accordance with Chapter 283 of the Texas Local Government Code. (s) Actual expenses of inspection incurred by the City in connection with maintenance of the system by Fiberlight LLC (except as provided in Paragraph k) shall be reimbursed to the City by Fiberlight LLC upon 0 written request therefore, which shall include evidence of such costs. (t) Fiberlight LLC agrees that it shall mark the location of its system within seventy-two (72) hours after receipt of notification of proposed construction. Fiberlight LLC maintains a toll-free telephone number to be called for location of the system. Should Fiberlight LLC fail to locate the system for the City within seventy-two (72) hours of request duly acknowledged, Fiberlight LLC shall pay a late charge of Five Hundred Dollars ($500) per day. In the event of a dispute concerning notice, Fiberlight LLC audio tape of telephone messages shall provide proof of notification, which tapes will be made available upon request. Alternatively, notice may be shown by delivery of a certified letter to Fiberlight LLC. (u) Fiberlight LLC, at no cost to the City, shall keep in the City and make available upon request, complete "as built" drawings clearly showing locations and depth of all facilities. Such drawings shall be provided to the City within sixty (60) days after completion of the project. (v) This agreement may not be assigned by Fiberlight LLC to any other company or legal entity without the prior written approval by the City of Beaumont's Public Works Director, except that Fiberlight LLC may assign its rights and obligations under this agreement to Fiberlight LLC's parent, subsidiary, affiliate or successor entity without such consent, so long as the parent, subsidiary, affiliate or successor (1) assumes all obligations of Fiberlight LLC under this agreement; and (2) is bound to the same extent as Fiberlight LLC, and (3) the City is notified of the assignment within sixty (60) days and is furnished a written document within which the assignee assumes all obligations under this license. Said consent by the City shall not be unreasonably withheld. (w) Should any other company or legal entity, other than Fiberlight LLC or Fiberlight LLC's parent, subsidiary, affiliate or successor as authorized in section (v), use the system installed under this agreement under the rights granted herein without notification of the City of Beaumont'.s Public Works Director, such use shall be a violation of this agreement and Fiberlight LLC will cease all use of the system and the City may take. steps necessary to enforce a cancellation of this agreement, including removal of some portion or all of the system upon thirty (30) days written notice to Fiberlight LLC, its subsidiaries, affiliates or successors. The City shall give Fiberlight LLC written notice of any violation of this agreement. If Fiberlight LLC fails to correct such violations within sixty (60) days of such notice, this E agreement shall be immediately terminated upon said sixtieth day. Any notice to be given hereunder by either party to the other may be affected either by personal delivery in writing or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Public Works Department PO Box 3827 Beaumont, Texas 77704 (409) 880-3725 Fiberlight LLC 1415 Halsey Way Suite 304 Carrollton, Texas 75007 (844) 509-0775 NOTICE PURSUANT TO PARAGRAPH "S" SHALL BE GIVEN AS FOLLOW: The above -stated addresses may be changed to such addresses as the parties may from time to time designate by written notice. Commencement of work on the fiber optic system by Fiberlight LLC after the date of this agreement shall be construed as evidence of Fiberlight LLC acceptance and approval of the conditions above set forth. This agreement shall be governed by and construed in accordance with the laws of the State of Texas, including, but not limited to Chapter 283 of the Texas Government Code. This agreement embodies the entire agreement between the parties hereto and supersedes all prior agreements and understandings, if any, relating to the matters addressed herein. This agreement may be amended or supplemented only by a written instrument executed by both parties. {INTENTIONALLY LEFT BLANK} 3 IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this ATTEST: City Clerk ATTEST: day of , 2019. VA CITY OF BEAUMONT Kyle Hayes, City Manager FIBERLIGHT LLC By: Louis Hendrix Title: Manager — Carrollton Office MORON" Installing 417 linear feet of fiber optic along Pearl Street BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 28, 2020 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognitions * Public Comment: Persons may speak on the Consent Agenda * Consent Agenda WORK SESSIONS * Receive an informational report related to the 2020 Census * Review and discuss possible amendments to the Charter of the City of Beaumont * Review and discuss applying for federal grant funds to be used towards the purchase of buses for the Beaumont Municipal Transit System COMMENTS * Public Comment (Persons are limited to 3 minutes) * Councilmembers/City Manager comment on various matters 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. WORK SESION * Receive an informational report related to the 2020 Census WORK SESION Review and discuss possible amendments to the Charter of the City of Beaumont WORK SESION Review and discuss applying for federal grant funds to be used towards the purchase of buses for the Beaumont Municipal Transit System