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HomeMy WebLinkAbout05/17/2021 PACKET - SPECIAL MEETING BEAUM© NT TEXAS SPECIAL MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET MONDAY, MAY 17, 2021 10:00AM CONSENT AGENDA * Approval of minutes—May 11, 2021 * Confirmation of board and commission member appointments Biguita Hernandez-Smith would be appointed to the Community Development Advisory Committee. The term would commence May 17, 2021 and expire September 30, 2023. (Councilmember Mike Getz) A) Approve contracts to provide lubricants for use in City vehicles and equipment B) Authorize the City Manager to execute Change Order No.2, accept maintenance, and authorize final payment to Gulf Coast, a CRII Company related to the Helbig Road Asphalt Resurfacing Project C) Authorize the City Manager to execute Change Order No. 3 to the contract with McInnis Construction, Inc. related to the Fleet Management Facility Parking Lot Reconstruction— Phase 1 Project D) Authorize the City Manager to execute all documents necessary, specifically a Grant Contract between the Office of the Attorney General and the Beaumont Police Department E) Authorize the City Manager to execute an agreement with the South East Texas Regional Planning Commission (SETRPC) regarding the Region 9-1-1 System RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointment be made: Appointment Commission Beginning of Expiration of Term Term Biguita Hernandez- Community 05/18/2021 09/30/2023 Smith Development Advisory Committee 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 18th day of May, 2021. - Mayor Becky Ames - A BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: May 17, 2021 REQUESTED ACTION: Council consider a resolution approving contracts to provide lubricants for use in City vehicles and equipment. BACKGROUND Bids were solicited for a six-month contract to supply various lubricants at fixed costs for use by multiple City departments to maintain vehicles and equipment. Specifications allow for a six- month extension upon expiration of the original term at the same pricing as awarded herein. Bids were requested from fourteen (14) vendors and four responses were received. Specifications stated that the City could award the contract(s) to multiple vendors as deemed to be in the best interest of the City. The specifications have been divided into six sections. It is recommended that Section 1 be awarded to Spidle & Spidle, of Port Arthur, in the amount of$71,636.40; Sections 2 and 4 be awarded to Tri-Con, Inc., of Beaumont, in the amount of$14,275.85; and Sections 3, 5, and 6 be awarded to Midtex Oil, L.P., of Beaumont, in the amount of$17,976.09. Bid tab is attached. FUNDING SOURCE Fleet Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, bids were solicited for a six (6) month contract, with an option to renew for a period of six (6) months at the same pricing as the awarded contract, for the purchase of lubricants for use by various City departments in maintaining vehicles and equipment; and, WHEREAS, Spidle & Spidle, Inc., of Port Arthur, Texas, submitted a qualified bid for Section 1 in the unit amounts shown on Exhibit "A," attached hereto, for an estimated total expenditure of$71,636.40, and, WHEREAS, Tri-Con, Inc., of Beaumont, Texas, submitted a qualified bid for Section 2 in the unit amounts shown on Exhibit"A,"attached hereto, for an estimated total expenditure of$2,830.85, and, WHEREAS, Midtex Oil, L.P., of Beaumont, Texas, submitted a qualified bid for Section 3 in the unit amounts shown on Exhibit"A," attached hereto,for an estimated total expenditure of$8,744.00; and, WHEREAS, Tri-Con, Inc., of Beaumont, Texas, submitted a qualified bid for Section 4 in the unit amounts shown on Exhibit A" attached hereto, for an estimated total expenditure of$11,445.00; and, WHEREAS, Midtex Oil, L.P., of Beaumont, Texas, submitted a qualified bid for Section 5 in the unit amounts shown on Exhibit'A" attached hereto,for an estimated total expenditure of$6,823.69; and, WHEREAS, Midtex Oil, L.P., of Beaumont, Texas, submitted a qualified bid for Section 6 in the unit amounts shown on Exhibit A" attached hereto, for an estimated total expenditure of$2,408.40, and, WHEREAS, City Council is of the opinion that the bids submitted by Spidle & Spidle, Inc., of Port Arthur, Texas(Section 1); Tri-Con, Inc., of Beaumont, Texas (Sections 2 & 4); and, Midtex Oil, L.P., of Beaumont, Texas (Sections 3, 5 & 6) are the lowest responsible bidders providing services at the best value 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 Spidle and Spidle, Inc., of Port Arthur, Texas, for a six (6) month contract, with an option to renew for a period of six(6) months, forthe purchase of lubricants for use by various City departments in maintaining vehicles and equipment in the unit amounts shown in Section 1 on Exhibit "A," attached hereto, for an estimated amount of$71,636.40 be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the bid submitted by Tri-Con, Inc., of Beaumont, Texas, for a six (6) month contract, with an option to renew for a period of six (6) months, for the purchase of lubricants for use by various City departments in maintaining vehicles and equipment in the unit amounts shown in Section 2 on Exhibit "A," attached hereto, for an estimated amount of $2,830.85 be accepted by the City of Beaumont; and, THAT ALSO RESOLVED THAT the bid submitted by Midtex Oil, L.P., of Beaumont, Texas, for a six (6) month contract, with an option to renew for a period of six (6) months, for the purchase of lubricants for use by various City departments in maintaining vehicles and equipment in the unit amounts shown in Section 3 on Exhibit "A," attached hereto, for an estimated amount of $8,744.00 be accepted by the City of Beaumont; and, BE IT ALSO RESOLVED THAT the bid submitted by Tri-Con, Inc., of Beaumont, Texas, for a six (6) month contract, with an option to renew for a period of six (6) months, for the purchase of lubricants for use by various City departments in maintaining vehicles and equipment in the unit amounts shown in Section 4 on Exhibit "A," attached hereto, for an estimated amount of$11,445.00 be accepted by the City of Beaumont, and, BE IT ALSO RESOLVED THAT the bid submitted by Midtex Oil, L.P., of Beaumont, Texas, for a six (6) month contract, with an option to renew for a period of six (6) months, for the purchase of lubricants for use by various City departments in maintaining vehicles and equipment in the unit amounts shown in Section 5 on Exhibit "A," attached hereto, for an estimated amount of $6,823.69 be accepted by the City of Beaumont, and, BE IT ALSO RESOLVED THAT the bid submitted by Midtex Oil, L.P., of Beaumont, Texas, for a six (6) month contract, with an option to renew for a period of six (6) months, for the purchase of lubricants for use by various City departments in maintaining vehicles and equipment in the unit amounts shown in Section 6 on Exhibit "A," attached hereto, for an estimated amount of$2,408.40 be accepted by the City of Beaumont; and, BE IT ALSO RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Spidle and Spidle, Inc., of Port Arthur, Texas, Tri-Co, Inc., of Beaumont, Texas; and, Midtex Oil, L.P., of Beaumont, 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 17th day of May, 2021. - Mayor Becky Ames - BEAUMONT CITY OF BEAUMONT,BEAUMONT,TEXAS PURCHASING DIVISION,BID TABULATION TEXAS Bid Name: Six(6)Month Contract for Automotive Lubricants Bid Number. MF0421-25 Bid Opening: Thursday,May 6,2021 @ 2:00 P.M. Contact Person: Christy Williams, Buyer 11 chdsty.Witiams@beaumonttems.gov Phone: 409-880-3758 Vendor TdLon, Inc Spidle B Spidle Lazar Energy Company Midtex Oil,LP City l State Beaumont,Texas Pon Arthur,Texas Houston,Tx. Beaumont,Texas Phone or Fax No. 409-835-2237 409-727A400 713-991-1706 409-866�0333 Section DESCRIPTION TOTAL BID PER SECTION TOTAL BID PER SECTION TOTAL BID PER SECTION TOTAL BID PER SECTION Q BULK OIL/LUBRICANTS $75,989.98 871,636.40 $93,700.53 $80,353.65 H TRANSMISSION m II FLUID/HYDRAULIC OIL 82,830.85 $6,385.50 $3.494.50 $2738.75' 2 X III ANTIFREEZE/COOLANTS $10,862.25 NO BID $15.711.50 $8,744,00 L SYNTHETIC HD AUTOMATIC TRANSMISSION FLUID FOR TRANSMISSIONS REQUIRING ALLISON TES- IV 295 FLUIDS $11.445.00 35 531,335.00 $ 970.00 $31,867.50 TERPILLAR SPECIFIC V CA LUBRICANTS $7,369.12 $7,019.50 $10,215.87 $8.823.69 VI DIESEL EXHAUST FLUID t $2,664.40 $2,516.40 $3,510.00 $2,408.40 TOTAL BID $110,961.60 $118.892.80 $165.602.40 $130.197.24 'Vendor did not bid all items BE&U BEAUM©NT CRY DF BEAUDMS1 NBID TANT.TEXAS PURCNABIND DmsroN em rABDur1oN TEXAS BM Name: SIX(6)MDNTII CONTRACT FOR AUTOMOTPiE LUBRICANTS am Numbar. MPo421-25 Bid Opemrg: Tbunary."4 xg21 Contact Peman: ChnMy Wltiama,Buyerll II' PboM. a082Bb1T58 Vander TRI-CON.INC. SPIOLE65PIDLE,INC. IAZER ENERGY CO. Mitlttx Oil,LP BEAUMONT PORT ARTMUR HOUSTON.M Beaumont,Team GNyl Stale 4094IS6.2x3T 408-rllyp0 T1Y991-1706 1 409-866-0333 P1wM N0. Item No. APPROX Unit ExtendedPuttnitma mtt U Extended Unit Fztended Uni[ DESCRIPTION Pnce Price Price Pn<e Fxttnded Pna SECTION I-BULK OILS/LUBRI ANTS Engine OII,SYNTHETIC BLEND•15W-40.(bulk d<lianes>250 gallons)delivered to our above heml 1 ]50 allons round tank. 9.n anon 3159e2.50 8.90 anon 5155)5.00 12.18 anon 521.31115.00 9.59 anon Slfi,]82.50 Engine Oil.SYNTHETIC 6LEND 15W40.55 gallon I[em lA S tlrumx/2]5 allons tlmms 698.28Idmm f3,491.40 489.SOldruai S2,4Q.50 6]8.99Itlrvm 53.3]4.95 557.45 drvm 52]8].25 F-fi AND BRAND BID for Items 1 and 1 A above TOTAL RUBIA OPTIMA GM2 Shell Rotella TS I SW40 ham 2drvms/110 allons En ins Oil SAE 40(55 qanon drums) 6fi5.39/dmm S1.330.]8 S 400.00 5800.00 534.22/tlmm SI.068.44 645.00/drvm S1.290.00 MANUFACTURER AND BRAND BID far Item 2 above: TOTAL RUBIA OPTMA CAM2 Sh<II Rotella Tl 40 MUINPMpue Tm.IhaleaRty .Im al(Wilk tlNlrenes>x5o gagmn )DelNerro our ebbwe Item 3 6 S00 Ulom tank. 8.33 allan 554145.00 ].99 allon 551 935.00 10.28 alien 566 820.00 8.99 alien 558435. MW PNgee TranxnixacNHydMile Oil(55gall. hem 3A 2Lmms/I10 allonx dvn) 540.151drvm 51.080.30 439.45/drum SB]8.90 SS1.W/drum $1.102.14 529.45/drvm S1,OS8.90 MANUFACTURER AND BMND BID for Nam 3 S 3A above: TOTAL FLUID H3 CITGO G142 Shell SPVax 54TKM TOTAL BID SECTION I $75.989.99 S71636.40 593.]00.53 580.353.65 SECTION n-TRANSMISSION FLUID/NTDRAUUC on Item 1 500 u pezron III u 2.86 .art SL 430.00 4.90 uM S 2.450.00 3.15 uart fl 500.00 2.79 Y fl 395.00 Item 2 SO uarb Dexron VI wrt wmainers 4.)fi uart S23B.00 6.90 uart S 345.00 5.63 uart 5 J5.00 4.)) uart 5238.50 Item 3 5 bucken Dexron III(5 gallon bucket) 51.69/buck¢[ $258.45 65.90/bucket 5329.50 63.21/buck¢[ 52a5.00 75 2S/bucket S3)6.25 MANUFACTURER AND BRAND BID For items 1.2.&3 above: Total Fluid H3 Cf C) PR ATF,PIl PIAT LVMV,Pa ATF Item4 50 warts Mercon5 uart wnrninersl 4.)6 wrt f238.00 9.90 uart 5 495.00 6.Sfi uart St 62.50 528 uart t264.00 Items IN .me Ford ATF Merton LV Um containers 4)6 wrt 54]6.00 21.90 uart S 2.1960D 6.56 u 13]5.004.65 uart 5465.00 Item 6 20 Uarts Ford ATF Merton ULV uart containers 4.]6 wrt 395.2 15.90 uart 3318.00 6.00 uart f 180.00 No Bid SO.00 Rem] 209.erta Merton SP Trans Fluid(9uaIt containers) 4J6/ wrt 595.20 12.90/ uart 1250.00 10.90/ Uart S65N NO Bid 50.00 MANUFAMRER AND BRAND BID Eor Items 4-0 above: Told 8 Mororcrah Mota¢rah/CRGO CAM2 PZL PLAT NM ATi,PIl PIAT ATF TOTAL BID SECTION II 52.830.85 36385.50 53.494.50 2)38.)5• SECTION 111 COOIANTS r1,.m2 700 tellers Flw[ uard Complete Pre-Mix Coolant SC/SO ].19 all." $5.033.00 No Bid 11.13 all0n S>P91.00 6.82 anon 54.))4.00 250 allons Ford OSL Coolemorane 11ox Concentrate 9.94 ellon f2485.00 No Bid200 allons DIX Cool Coolant gran a Concentrae 9.94 Nlen Sl 999.00 No BidAntilrw]e loxlicate Fom.ls(9rwn1 125 allons Concentrate 92S/ allon f1.156.25 No Bid 10.98/ anon 51.3R.505.941 ailuo S)450 I;Shell HD Phosphate Free T.5M1helisor2MV AI(C 3 S' M1e11 Cex<Pol MANUFACTURER AND BRAND BID For Items 1-4 above: Marcus Therm .-6 SHELL 4:S u Shelltene at,...I ae TOTAL BID SECTION 111 310.662.25 No Bid f15.711.50 S9,744.00 SECTION N-SYNSNETIC NFAW DViY AUTOMATICTRANSMISSION FLUID FORTRANSMISSIONS RE RUNGALIISON M-295 FLUIDS SNFLL SPIRAI S6 ATF A295 AUTOMATIC NMISSION FLUID DESIGNED SPECIFICALLY FOR TRANSMISSIONS REQUIRING ALLLSON TES heml )50 gallons 295 I LVIDS'NO SUBS AILOM 15.26 allon 111.445.00 41J81 Wlon 531.335.00 51.96/ anon S38.9]0.00 542.49 531.86).50 TOTAL BID SECTION N f11,H5.00 531.335.00 538.970.00 531.867.50 SECIIDN V CATERPILLAR SPEGFIC WeRICANTS C.111v TO-4cempaNble Lubricants, SAE hem 1 2 tlmms 110 allons IOU/ SS anon drum) 54>.I1 drum f 1.094.2�d-- S ]80.63 drum ft 561.26 35.00 drum f1.0)0.00 Cvemillar TO-4 compatible Lubricants. SAERem2 10 dmms550 allons SO55 allsa dru 598.9) rvm89.) 8573 Ilium S85)3J0 S69.00dmm $5.690.00 Ctte,nar I'.Compatible Iubncan".5AE50, hem Sgallon bucket 5 anon bucke0 9.04/bucktt a8J016ucket )9.91/bucket 63.691bucktt 1:Shell Sph-54 U10 MANUFACTURER AND BRAND Blp For items 1-3 above: TOTAL DYNATRANS AC CITGO CAM2 2 8 3:Shell Spiral SA IX50 Drvm De osit Ch NA NA $1.00 NA TOTAL BID SECTION V $7.140.96 $7.019.50 510.213.87 $6 823.69 SECTION N DIESEL IXfIAUST FLVIO 900 gallons1360 heml containers Diesel Exhaust Fluid.2.59Mlen container 7.401contamer 52,664.00 6.99/container S2.S16.40 9.]S/container 53.510.006.691<ontainer 12.408A0 NUGUARD 3Y TRANSUQUIO MANUFACTURER AND BRAND BID For it..1 share: TRANSUQUIO DU CITGO TECHNOLOGIES LUC Blue Sky Blue Def TOTAL BID SERON IV S2.6H.00 f2.516.40 33,510.00 12.40BACI 'Vendor did not bid all items Silo were solicited from:Ttl-Con,Inc,Sun Coast Reaeurtes.Apache Oil,Matrix Lubmems.Thomas Petroleum.Spoil,8 Spidle,Comfied IaWratales,SET%NAPA.OReiIN Auto.MiIPM,Bumper to bumper 6 Midtex 011,Sma,and Champion Fuel Solutions B BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works& Technology Services MEETING DATE: May 17, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No.2, accept maintenance, and authorize final payment to Gulf Coast, a CRH Company related to the Helbig Road Asphalt Resurfacing Project. BACKGROUND On December 15,2020, by Resolution No.20-277, City Council awarded a contract to Gulf Coast, a CRH Company, of Beaumont, in the amount of$1,250,757.33,for the Helbig Road Asphalt Resurfacing Project. Previous Change Order No. 1, in the amount of$82,870.96, is attached for your review. Proposed Change Order No. 2, in the amount of$50,997.95, is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project. If approved, the adjustment in quantities would result in a final contract amount of$1,384,526.24. "rhe project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of Change Order No. 2, maintenance, and final payment in the amount of$122,678.01 is recommended. FUNDING SOURCE Capital Program—Street Rehabilitation Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 21-075 WHEREAS, on December 15, 2020, the City Council of the City of Beaumont, Texas passed Resolution No. 20-277 awarding a contract in the amount of $1,250,757.33 to Gulf Coast, a CRH Company, of Beaumont, Texas, for the Habig Road Asphalt Resurfacing Project; and, WHEREAS, Change Order No. 1, in the amount of $82,870.96, is required to account for additional base repairs discovered once the existing asphalt surface was removed, thereby increasing the total contract amount to $1,333,628.29; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 1, in the amount of $82.870.96 for additional work described above, thereby increasing the total contract amount to $1,333,628.29 for the Helbig Road Asphalt Resurfacing Project; and, 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 23rd day of March, 2021. - Ma9br Becky Ames- CITY OF BEAUMONT MyA9mv owmrw.mmNCPnnamArn: PROICCi: 9L191G ROAD A6]XALi PL9VwACP1G owX[i QfYor6u "c A AOvmIXiALTIMe R[yVT3ft0: m COMYA(TOP: CVI.t COAR. RA COMPANY CRANG[ORDG NO.:IFW MwCOMRACf i1M6: I]m m rvaorvDQmmvTQlWlBID/a QimlCtlf�A]v®fPenn¢ iY.a.Pa:a�m.wm w m..a.wm:m:ieme:.mm e=.=.ewe�mM i.e.�RB.�nmama DweB:u utle:Ow::b N.p.uq mn ITIAtMMEPIRPAGp NN w: �PIJS .m. vxe,vwvewAn.u+D+uwovnurn ron ]mv iOPAL� YO1MN DfJeLwRi Wi0161W fOTHi WBeRPCP TYRRifIBOIRfBt ORS gUGINwL CONING!AMOUNI: 5 1150.1!'IJ3 NLT PROM PRBVIOVBCNNGL ORD80.4: 3 IJ]]61939 iOFALAMO11Nf OP'IL16 C9AIIGC OPnBR: 1 50.99).95 PLRCBMOFfffi4C0.WG[OPDLR: <.OM TOTALRRC[M'CRANG60ROER'IV NTL: IDl4% NLq CON@ACIAMOIMI: S IJN}5610 fONDPPION OPC0.YC-m_ YmovamvbwlMW�ee�peemumetllmOmvm aamapri¢imemm�e WpfmSN mYCh�oee Qev:a9�nmv R+D vmPafYlwke Jl meemma am..wmmenvot�lmem:wymeamemR�m.mem.anmEvm.amva mYmeal:aW mlmemly aumm:oue.orm.::es pmiom CBmeegtla:.wmpm¢MmuwYvumfJmYf n�pawm�hxeee OnecamCoov:[mitlutme CLmee ONcrtp:v®v uJl ixluurc, mooeBy�pW�tljumvmme Cmm6ue tivlCwbecb�wll wi�'e Jlnehum fib�oYimonmb COmg ONCRCDYpgvly v.¢vW' �s�^LY: Y: f G /,r e= 5/5/21 PRLP 5�5IZI APM DwTL M� LiI OAn POBWC WORK9nLMGXMA/NAGRR 7� wMALG _.Ps Are BARi BARIL nwTL GTTypOpP.[R DIXICTOR OFP OPPVBL1CgORKS AND'IP.CBNOLOCYSLRYICL4 APPROVBn BY: ATLFSLEU BY: 1(YLBRAYPAQIYMANGBR OATL TINABROVA9AIfD.C1iYCL61U( Dwi6 CFI Y OF BEAOMON ..f la Wli OMCIXALGNiIRARiP6wAm: fm PROILCI: CROADA.VIXALi FPSURtACMG OwNEP: TON.uf Pf¢PeOVfdf{D: NMMCIOR GVV COAYI.A[RB[OMIANY CtlM'420N6PN0-1 NCw COMRALTtiM¢: TBLIWIOPBIOCY1DY0ff6lLYYAN/a Rm1GT041II®fYaM m n ova®Lt vmmn NO Y vetlM�f+-m.NMI Ne p.u.tr eu nryn w w mme e:uq�nx m.Na�evui.w av 6 vvb6 UaNWu PWaWW n.n MmO 6a rn. nw vawrt0'Anl n.� ROAnI P'OvlOnNn vIwOGM:4Atl O.BNPv 4M vnnl.'DVLl00(vOAVIPOtM01[[[y v a Y TOTAL: iv}n.9a xaam�DsneauDa Dom mnBcrWV BrnnraeLaemo ONGP4f.torcf¢ACf AMOVM: f IYPH)9 N[i PROM MO.V101N C9ANGl ORDBRB: f ALAMOVtti OV TXIB C9M'G[OROBR: f tl.BIY.% ttRC[NTOvn19CCAN000ROHR: as)% iOiALPCRG[MCBANGL ORDLRTO DAn: l U a6 NLW CONInACLM10VNT: f IJlbI819 CmmepmYmMefpmt.pev MJe Wmmmv w wv.apnmuJmev.awee.tiyvWd in3i.[hmBe 0r6:ryumvM mmpemtim A..L mmme mu a:omw m u.as a ma ue um.miw.c m wR*�m.mw.mmi mm we wv.n wut<wuv w maxb eom a6 Gnmw GNu ma xi fm.�m.cmL.o:am A..<�:am..n.m®aom.m.o�:u...movemacmo..m.mm.L'emaammp,mmvm.0�:... im:nNb.mvf mm tllme:v=:w re.tmmt me mu cmuvm.ai wm ei npm:o e6.wm m mo amg aew.w u b papmv aaozl' 7/IA7m Ann n n TLYGL;u.i. ! own MRVC WORb OLLGNMM'AGLR C' wWAUA vnawRReu,L.e A. uniRoa DAn LITY[tiGINB[R OnICCI'OR O➢LOBWC WOR%B ANDnCRNOLWY9LRVIRB AITROVLDBY: ,: p L A mutioa 3 a�.a1 AYL[BAYBB.CIIYMAXAGLR DAie ifNABROV&9A&O�Ci C1ERK 11 7w CITY OF BEAUMONT ESTIMATE PROIECT: HUNG ROAD ASPHALT RESURFACING AWARDED CONTRAR AMOUNT: $1,20.757.n PERCENT OF TIME USEO: 60.00% CONTRACTOR: GNHCoart,ACRHCmm CONTRACT DATE: $anuery 29,=1 PFRCENTOFWORRCOMPLETED: 100.00% MUMMY ESTIEMTEE wHnal CVRRFMCONTRARAMOUNT: SL3N,526.M PERIOD FNdNG: A EII S-30,2023 CONTMRGLENDARDAYS: 120 CNRMGE ORDERS: Hal CALENDAR DAYS USED: R ITEM DESC DESCRIPTION UNIT EST. PREVIOUS TO DATE TOTAL ESTIIMTE UNIT TOTAL NO. CODE MEASURE QTY. ESTIMATE ESTIMATE TO DATE PRICE AMOUNT 1m Rml P1UP.(...OED$3m M3TATIMI v1 a.m ul.. $ 1. $ 4'..m S. APDRNMAiY-CFem.II Db'l1lEYELIHI mXll Assl.m MO.m $ 30 6m3 l3L51 3V2M"i l,Am 3L.83 .1 PMRpFEMa.G WANRMVADARNPN 1VA. D.m 60 HANEAlMDGNCP G S NM.RA1 $$ aa $$ 13513L,mt350..9m6 ly3um Rm 3z,33E.m $ lD $ la.3lRPo 3" PUWlAMWM4 PDDM RM0M1EDEDIRPMENR sv All.. 3.11am $ Am $ 1LSn.m I MORIIIGTOH(fmf IOORO MI Ll O.Al. m $ 53bi4m $ 53r6M.m ANA1 Nl..1.IMXMMe NO C C. A. Am $ y3m.m $ mll a3uND11ws.DRmwAn.ANDTUIMwRMo1 ia3l. ]M.m l K{ OW1 MRRIY-11MIM'I16Pj DPDMIN b.m T00 O}0 MPLPAV MRNIY-11YI N'11aH11mMttl LF 31a 3.1a.W D.m LERm $ LM $ Ma.MI 6M au MRRT3-t OI IR'1IRDI I1PPRmlU 2399 ;m.m A. L)9AW $ l $ rmF EIAGGa W5f I4APNERRMDI Ilal3DIXOED$llm NR WYI I[MANDEOmFRNO]I MY P.mA. m $ Irl00.m $ 'M 6m9 fIAeDM WYIONI$iCL[RMHIHm1l3aOd$15m PEROAlT 10MHGEMOER NO.l1 0 D.m D.NI I A. $ l,wA. $ PREPARED BY: 5�5�2.� GRAND TOTAL AMOUNTOF WORK DONE: $ L380,526.24 0 VIDTINGIE,1.1.T.,PURL%WORKS DESIGN MANAGER 0� \ -Jl � SUBTOTAL: $ 1,3R6,52634 RENEWED BY: U\V AMALUN GL,P.E., NGINEFR ONe LESS PREVIOUS PAY ESTIMATE: $ 1,261,848M AMOUNTDUETHISESTIMATE: $ 12L6T8.01 APPROVED BY: J (Q BRAT MR , DMe DIRECTOR OF PWIU�OF�PM�U�B-',L`{I�C,WORM AND TEO$HOLOGY SERVICES 515121 GUIE COAST,REPRESENTATIVE Date r..,Nr Mn m.en HMMM9 Rw.Xas�.3 a w m:wM aM Rees ImMIEM w 4MeEetl P nam6mtt a1M MM1M b[umuh. 1 Of 1 RESOLUTION NO. WHEREAS, on December 15, 2020, the City Council of the City of Beaumont, Texas, passed Resolution No. 20-277 awarding a contract in the amount of $1,250,757.33 to Gulf Coast, a CRH Company, of Beaumont, Texas, for the Helbig Road Asphalt Resurfacing Project, and, WHEREAS, on March 23, 2021, the City Council of the City of Beaumont, Texas, passed Resolution No. 21-075 authorizing the City Manager to execute Change Order No. 1, in the amount of $82,870.96, to account for additional base repairs discovered once the existing asphalt surface was removed, thereby increasing the contract amount to $1,333,628.29; and, WHEREAS, Change Order No. 2, in the amount of $50,897.95, is necessary to adjust actual quantities in the contract to reflect the actual quantities used in the completion of the project, thereby increasing the contract amount to $1,384,526.24, and, WHEREAS, the project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 1 necessary to adjust actual quantities in the contract to reflect the actual quantities used in the completion of the project, thereby increasing the contract amount to $1,384,526.24; and, BE IT FURTHER RESOLVED THAT the Helbig Road Asphalt Resurfacing Project be and the same is hereby accepted, and, BE IT ALSO RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of$122,678.01 to Gulf Coast, a CRH Company, of Beaumont, Texas. 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 17th day of May, 2021. - Mayor Becky Ames - C BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works &Technology Services MEETING DATE: May 17, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 3 to the contract with McInnis Construction, Inc. related to the Fleet Management Facility Parking Lot Reconstruction—Phase 1 Project. BACKGROUND On February 9, 2021, by Resolution No. 21-034, City Council awarded a contract to McInnis Construction, Inc., of Silsbee, in the amount of$898,820.27, for the Fleet Management Facility Parking Lot Reconstruction—Phase 1 Project. Previous Change Order Nos. 1-2, in the amount of$5,105.40, are attached for your review. Proposed Change Order No. 3, in the amount of$13,982.40, is required to make changes to the original contract bid items due to site conditions discovered once construction began. The bollards removed surrounding the Aboveground Storage Tank(AST) were discovered to have been previously grounded by a loop configuration. The proposed bollards surrounding the existing and proposed ASTs will require the same ground loop configuration. Sixteen(16) fixed bollards will be added adjacent to the maintenance building and around the diesel fuel pump island to protect said structures and will require a ground loop configuration as well. Two (2)4" gate valves will be added to the new water line on each side of the T-intersection in order to isolate the lines feeding the two (2) separate maintenance buildings. A total of four(4)calendar days will be added to the contract for the additional work. If approved, Change Order No. 3 will result in a new contract amount of$907,908.07. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 21-034 WHEREAS, bids were received for a contract to fumish all labor, materials, and equipment for the Fleet Management Facility Parking Lot Reconstruction — Phase I Project; and, WHEREAS, McInnis Construction, Inc., of Silsbee, Texas, submitted a bid in the amount of$888,820.27, as shown on Exhibit"A," attached hereto; and, WHEREAS, City Council is of the opinion that the bid submitted by McInnis Construction, Inc., of Silsbee, Texas, is the lowest responsible bidder providing the best value 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 McInnis Construction, Inc., of Silsbee, Texas, to furnish all labor, materials, and equipment for the Fleet Management Facility Parking Lot Reconstruction —Phase I Project in the amount of$888,820.27, as shown on Exhibit "A," attached hereto, be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with McInnis Construction, Inc., of Silsbee, Texas for the purposes described herein. 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 February, 2021. Mayor Becky Ames.- \ | ��- � � � �� � � � � • • � . Hal 1 � wr.a..w... a,r..m .. .... m.... aarx. snow , ,.eau wmru : n.ea+m aiaoe.,ca.,aar.na.a: areb..amoam.xaom. �iirPea�.za�mmc� ror rr nreuxn enxs alma ro e.re eewaam.m.ewxr, rxmn .4....ew�a.�.wawo.e+raw a..T�..........,4.e.e.�...•...r u..a...+c.® fY /9, c�xY zl 0 arar.. 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TMKIMWMOPIYS DIINI,s6 WIDER S S.wSAG PERWa1TCITBd WINIIOEOR�: mIm m TOiK ICRGFM WYWYE WNERTO MTE 0.5M NENCWRMCf GYWNF: S aaaB25.67 (bAaYa atl]btliApw uY Yf p Su+w EaF+MNY n PGlYCI P�bP Yq wYPa B�alp,Y1 F m.fNp dEa��apa�N aB pypYY1M G'N bvseYYOatlatlMbYamtl N.etl MY ipWnd bpYb�Y VM Ybawpkmtl�tlNIXPYM bibI dYO'p Inb� hcNNq�ya Ditiv 1a0 Paaua lTPq�OrNlt AdPNMRYEv xrwmYWM4a�MlGOwn Qnv�M Wbab� bYNCTNile CMerrpwpmYiYNre,evauNNapaM�n WuMwibtlro CaNvl ba ONlcPMebM�abv 0lrpNbMa W m on tli fMge ONer aMr s 4 Propvy emotltl. AgMsy ZALI B,N-�«2s:v 3-ib-1Bx1 INC. /. 0.0b BBANOCNBEIANE.P£ WN Rwlxry ErWiww YMBtia OY M+NIN VeIMFAI P£ BARIMMKOWIN! OW Cb EnPYY Wv,n MPWk Wo1u 6TNaroNPl6Mu 3�ac- Mvmwe M- I I � aM. I(Y{EHAYEB w. BNO 90aR0 Date t� RESOLUTION NO. WHEREAS, on February 9, 2021, the City Council of the City of Beaumont, Texas, passed Resolution No. 21-034 awarding a contract in the amount of $888,820.27 to McInnis Construction, Inc., of Silsbee, Texas, for the Fleet Management Facility Parking Lot Reconstruction — Phase I Project, and, WHEREAS, on March 31, 2021, the City Manager executed Change Order No. 1, in the amount of $5,105.40, to allow for the proposed concrete to be changed from High Early Strength to Class P, initial rounding error to be corrected to match the callouts on the revised plants, and, the proposed curb to be changed to a monolithic construction method along with deleting a section of the curb, thereby increasing the contract amount to $893,925.67; and, WHEREAS, on April 27, 2021, the City Manager executed Change Order No. 2, in the amount of $$0.00, to make changes to the original contract bid items due to the conditions discovered once construction began and to change the sanitary sewer line from HDPE DR11 to Schedule 40 PVC, thereby increasing having no effect on the contract amount of$893,925.67; and, WHEREAS, Change Order No. 3, in the amount of$13,982.40, is required to make changes to the original contract bid items due to site conditions discovered once construction began, thereby increasing the contract amount to $907,908.07; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 3 necessary to make changes to the original contract bid items due to site conditions discovered once construction began, thereby increasing the contract amount to $907,908.07. 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 17th day of May, 2021. - Mayor Becky Ames - D BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James Singletary, Chief of Police MEETING DATE: May 17, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute all documents necessary, specifically a Grant Contract between the Office of the Attorney General and the Beaumont Police Department. BACKGROUND The Internet Crimes Against Children HCAC)Task Force was created to help State and Local Law enforcement agencies enhance their investigative response to offenders who use the internet, online communication systems, or other computer technology to sexually exploit children. The program is currently composed of regional Task Force agencies funded by the United States Office of Juvenile Justice and Delinquency Prevention. The Training and Technical Assistance Program was established to assist these agencies with training and technical assistance in support of their Internet Crimes Against Children initiatives. Approval of this Grant contract between the Office of the Attorney General and the Beaumont Police Department will provide up to $3,071 of allowable funds to be allocated for the purchase of equipment that will be used to enhance detectives' abilities to combat these crimes. FUNDING SOURCE Grant Funds administered from the Texas Attorney General's office with no City match. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute all documents necessary, specifically a Grant Contract, with the Office of the Attorney General of Texas for the Internet Crimes Against Children (ICAC) Task Force to provide training and technical assistance in support of their Internet Crimes Against Children initiatives. Said Grant Contract 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 17th day of May, 2021. - Mayor Becky Ames - Office of the Attorney General OAG ICAC Sub-Award Grant Request Contact Information for A encies Requesting an OAG ICAC Sub-Award Grant Agency Naxos Beaumont Police Department Grant Contact(The person the OAG contacts directly for an IrnrwdiM response andlor changes regarding the grant contract) Two Captain Nam Chris Schuldt phove 409-880-1033 Egwg chhs.schuldt@beaumonflexas.gov Authorized Official(The person authorked to apply for,accept declins,or cancel th grant This person signs all grant ad)uabnent requests,inventory reports,progress reports and financial reports as well as any other official docur v n s related to the rant Two City Manager Nam Kyle Hayes Phone 409-880-3770 Emall kyle.hayes@beaumonttexas.gov Financial Contact One person the Ono contacts with inquiries regarding budgelandlor invoice expenditure mimbuminen s.) ift�qt= Grants Accountant Vanecia Jordan 409-880-3773 vanecia.jordan@beaumonttexas.gov tat Budget below for the costs requested ta be covered by en OAG ICAC Sub-Award Gnat.Forthe Equipment a d OIMr Direct Operating Eldera s Budget Categories,tat"Cost Requested on this OAG Gmnr wig eubealouhM he quaMly rumsetM and the cost per unit of item. Travel sub-totals,Categorical totals,and ToW Mount for GAG ICAC Sub-Award great will also autosalculata. TRAVEL 7 - E S E EXHIBIT "A" 1of4 Office ofthe Attorney General (M ants non•expemlsble,tangible panona properly havhge Its O/elare Own oM( year Mdi per uMt aequlsWon coat whkh equals Me fesserortte capHd4atlon l"W esablishad by Me gwnlse Iortnincial saamaN u w 600. x Apple Mackbook Pro 16" 1 $ 2,181.00 $ 2.181 UAG Case for Macbook 1 $ 66.99 $ 67 Apple Ipad 1 $ 699,00 $ 699 UAG[pad Case 1 $ 49.96 $ 50 USB C hub adaptor 1 $ 73.99 $ 74 $ $ $ Is S $ $ 3,071 These items will help our agency invsetigate the cases of child exploitation that are sent to our deapaitment. These items will enable investigators to download,process,and store the evidence needed to prepare the cases to be sent to our District Attorney for prosecution. SUPPLt_'8(cWsumibaMiss,dtxtyrNNedro Ma day to ayw>M+tMe Oftl9 ICAC promim. Coprosion+,rigg1 Of cost efeeMbe requested in SUM&lss.) $ $ $ $ $ $ 2of4 Office of the Attorney General S S S S S S S $ $ $ OTHER DIRECT OPERATING EXPENSES(ODOE)[costs not included in other budget categories and which are directly related to the day-to-day operation of the ICAC program.Software and Conference Registrations should be included in ODOE.] S S 5 5 S S S S S S S S S S S 3 3 of Office of the Attorney General $ $ Total Amount Raquested for OAG ICAO Sub-Award Grant $ 3An 4 of E BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James Singletary, Chief of Police MEETING DATE: May 17, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an agreement with the South East Texas Regional Planning Commission (SETRPC)regarding the Region 9-1-1 System. BACKGROUND The Police 911 Operations Unit currently serves as the primary Public Safety Answering Point (PSAP) for the City with the Fire Communications Unit serving as an alternate to answer calls to emergency telephone numbers for first response agencies. The SETRPC has developed an Interlocal Agreement(ILA) with the City that meets the State of Texas' requirements of the program and system accountability regarding maintenance, equipment upgrade, and training associated with the 911 program. This ILA replaces the current two-year contract and expires on August 31, 2023. There are no changes in content. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a two (2) year Interlocal Contract between the City of Beaumont and South East Texas Regional Planning Commission (SETRPC) relating to the planning, development, operation and provision of 9-1-1 services and the use of 9-1-1 funds. The Interlocal Contract 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 17th day of May, 2021. - Mayor Becky Ames - SOUTHEAST TEXAS REGIONAL PLANNING COMMISSION 9-1-1 EMERGENCY COMMUNICATIONS INTERLOCAL CONTRACT RELATING TO THE PLANNING, DEVELOPMENT, OPERATION AND PROVISION OF 9-1-1 SERVICE AND THE USE OF 9-1-1 FUNDS This Contract is entered into between the South East Texas Regional Planning Commission andthe City of Beaumont,Texas EXHIBIT "A" South East Texas Regional Planning Commission INTERLOCAL CONTRACT FOR PLANNING, DEVELOPMENT, OPERATION AND PROVISION OF 9-1-1 SERVICE AND USE OF 9-1-1 FUNDS Parties and Purpose 1.1 The South East Texas Regional Planning Commission (SETRPC) is a regional planning commission and political subdivision of the State of Texas organized and operating under the Texas Regional Planning Act of 1965, as amended, Chapter 391 of the Local Government Code. SETPRC has developed a Strategic Plan for the administration and operation of 9-1-1 emergency telephone service in Hardin,Jefferson, and Orange counties. The Commission on State Emergency Communications (CSEC) has approved SETRPC's current strategic plan. 1.2 The City of Beaumont,Texas (Public Agency) is a Texas municipality that operates one or more Public Safety Answering Points (PSAP)that assist In implementing the Strategic Plan as authorized by Chapter 771 of the Health and Safety Code. The address of the PSAP locations are 700 Orleans Street and 400 Walnut Street, Beaumont,Texas. 1.3 This contract is entered into between SETRPC and Public Agency under Chapter 791 of the Government Code. This contract relates to the planning, development, operation, and provision of 9-1-1 service,the use of 9-1-1 funds, and adherence to applicable law. Goods and Services 2.1 Public Agency agrees to: (1) cooperate with SETRPC in acquiring and installing necessary equipment for the 9-1-1 system. (2) comply with applicable provisions of the Uniform Grant Management Standards, as established by the Governor's Office of Budget and Planning, under the authority of Chapter 783 of the Texas Government Code. (3) comply with the Uniform Grant Management Standards, applicable law, and SETRPC policies, as outlined in Section 3 of this contract, related to ownership,transfer of ownership, and/or control of equipment acquired with 9-1-1 funds in connection with providing 9-1-1 service. (4) abide by all rules, regulations, performance training standards, etc. adopted by SETRPC and CSEC or its successor agency. 2 (5) purchase supplies such as printer paper, printer ribbons, cleaning materials, etc. necessary for the continuous operation of PSAP(s). (6) secure the premises of PSAP(s) against unauthorized entrance and protect the 9-1-1 equipment from unauthorized use and ensure sufficient controls and security exists by which to protect and safeguard the 9-1-1 equipment against loss, damage, ortheft. (7) practice preventive maintenance for the 9-1-1 equipment, including at a minimum, testing emergency power generators periodically, and ensuring that all equipment is working properly. (8) participate in emergency communications training for call- takers/dispatchers as scheduled and provided by SETRPC. (9) complete such reports and other documentation as may be reasonably required by CSEC,the PSAPs, SETRPC, or the service provider. (10) assign and maintain a list of authorized users who gather information, as part of the regular course of business,from the regional 9-1-1 recorder. E 9-1-1 Equipment Purchasing and Leasing 3.1 (a) SETRPC hereby agrees to provide services and equipment, whether purchased or leased, for Public Agency including all non-recurring and monthly recurring charges for equipment and network charges as approved by the CSEC. SETRPC also agrees to provide for repairs, updates to and replacement of equipment as deemed necessary by SETRPC and as approved by the CSEC. (b) All leased equipment remains the sole property of the lessor. 3.2 Except as noted in paragraph 3.6, SETRPC owns all 9-1-1 equipment purchased on behalf of Public Agency with emergency service fees. Public Agency is licensed to use the 9- 1-1 equipment in providing enhanced 9-1-1 emergency telephone services. 3.3 Public Agency agrees to notify SETRPC in writing before encumbering, transferring, or otherwise disposing of the 9-1-1 equipment. Further, upon the installation of any additional equipment or software by SETRPC, Public Agency agrees to comply with the provisions of Exhibit "A" attached hereto and incorporated herein as referenced. 3.4 Public Agency agrees that SETRPC is responsible for maintenance, support, and initial purchase of the regional 9-1-1 recorder and does not maintain official control of any of the recordings on said recorder. 3 3.5 Public Agency acknowledges that SETRPC representatives will visit Public Agency on a regular basis to monitor functionality and use of all equipment associated with 9-1-1 call handling and processing and on an annual basis to conduct a physical inventory of all said equipment. 3.6 Paragraphs 3.1, 3.2, 3.3 and 3.4 survive the expiration or early termination of this contract and continue in effect so long as Public Agency use of the 9-1-1 equipment. 3.7 When 9-1-1 equipment is purchased with a combination of monies from Public Agency and emergency service fees,SETRPC may elect to transfer ownership of said equipment to Public Agency. SETRPC will provide Public Agency with a"Certification of Purchase by City/County/Agency Transfer of Ownership" document outlining the responsibilities of Public Agency. Those responsibilities include, but are not limited to, maintenance of equipment and ensuring equipment is always fully functional. 3.8 SETRPC will provide 9-1-1 funds to Public Agency and/or PSAP(s) on a reimbursement basis using a monitoring process that provides assurances that the reimbursement requests from the Public Agency and/or PSAP(s) are complete, accurate and appropriate. Effective Date and Term of Contract 4.1 The term of this contract shall be two years, effective on September 1, 2021 and shall terminate on August 31, 2023. Independent Contractor 5.1 Public Agency is not an employee or agent of SETRPC, but furnishes services under this contract solely as an independent contractor. Assignment and Subcontracting 6.1 Public Agency may not assign its rights or subcontract its duties under this contract without the prior written consent of SETRPC. An attempted assignment or subcontract in violation of this paragraph is void. 6.2 If SETRPC consents to subcontracting, each subcontract is subject to all of the terms and conditions of this contract, and Public Agency agrees to furnish a copy of this contract to each of its subcontractors. 4 Records 7.1 Public Agency agrees to assist SETRPC,where applicable, in maintaining a current inventory of all 9-1-1 equipment, consistent with the Uniform Grant Management Standards and applicable federal and state law. 7.2 Public Agency and PSAP(s) agree to comply with SETRPC requirements for documenting and reporting 9-1-1 data base errors and ANI/ALI problems. 7.3 Public Agency and PSAP(s) agree to maintain, consistent with Uniform Grant Management Standards and applicable federal and state law, adequate fiscal records and supporting documentation for all 9-1-1 funds reimbursed to Public Agency and PSAP(s)and all 9-1-1 funds spent by Public Agency and PSAP(s). 7.4 Subject to the additional requirement of paragraph 7.5, Public Agency agrees to preserve records, at a minimum,for three years. 7.5 If an audit of or information in the records is disputed or the subject of litigation, Public Agency agrees to preserve the records until the dispute or litigation is finally concluded, regardless of the expiration or early termination of this contract. 7.6 SETRPC is entitled to inspect and copy, during normal business hours at Public Agency's offices where they are maintained, the records maintained under this contract for as long as they are preserved. 7.7 SETRPC is also entitled to visit Public Agency's offices, talk to its personnel, monitor and inventory equipment, and audit its records, all during normal business hours,to assist in evaluating its performance under this contract. 7.8 SETRPC, CSEC, the Texas State Auditor, and/or their duly authorized representatives, shall have access to and the right to examine all books, accounts, records,files, and/or other papers, or property pertaining to the 9-1-1 service, belonging to or in use by the Public Agency, PSAP(s), or by any other entity that has performed or will perform addressing or addressing data base maintenance activities. Nondiscrimination and Equal Opportunity 8.1 Public Agency shall not exclude anyone from participating under this contract, deny anyone benefits under this contract,or otherwise unlawfully discriminate against anyone in carrying out this contract because of race, color, religion, sex, age, disability, handicap, or national origin. 5 Dispute Resolution 9.1 The parties desire to resolve disputes arising under this contract without litigation. Accordingly, if a dispute arises, the parties agree to attempt in good faith to resolve the dispute between themselves. To this end,the parties agree not to sue one another, except to enforce compliance with paragraphs 9.1-9.3, until they have exhausted the procedures set out in these paragraphs. 9.2 At the written request of either party, each party shall appoint one nonlawyer representative to negotiate informally and in good faith to resolve any dispute arising under this contract. The representatives appointed shall determine the location, format,frequency, and duration of the negotiations. 9.3 If the representatives cannot resolve the dispute within 30 calendar days after the first negotiation meeting,the parties agree to refer the dispute to the Dispute Resolution Center of Jefferson County for mediation in accordance with the Center's mediation procedures by a single mediator assigned by the Center. Each party shall pay half the cost of the Center's mediation services. 9.4 The parties agree to continue performing their duties under this contract, which are unaffected by the dispute, during the negotiation and mediation process. Suspension for Unavailability of Funds; Withholding, Decrease or Reimbursement of Funds Due to Non-compliance 10.1 Public Agency acknowledges that SETRPC's sole source of funding for this contract is 9-1-1 emergency service fees. In the event that: (1) SETRPC's approved budget and/or appropriations to CSEC from the Texas Legislature do not permit or otherwise appropriate funds for reimbursement to Public Agency provided for in this Agreement, and (2) Such lack of permission or non-appropriation shall not have resulted from any act or failure to act on the part of SETRPC, and (3) SETRPC has exhausted all funds legally available for reimbursement to Public Agency, and no other legal procedures shall exist whereby payment hereunder can be made to Public Agency; and (4) SETRPC has negotiated in good faith with Public Agency to develop an alternative payment schedule or new agreement that will accommodate SETRPC's approved budget and/or appropriations for the applicable period, then SETRPC will not be obligated to reimburse Public Agency for the applicable budget year(s). 6 10.2 Public Agency acknowledges that SETRPC may withhold, decrease or seek reimbursement of 9-1-1 funds in the event such funds are or were used in non-compliance with applicable federal or state law. Further, Public Agency and PSAP(s)shall return or reimburse SETRPC and/or CSEC, as applicable, any 9-1-1 funds used in non-compliance with applicable law. Such return or reimbursement of 9-1-1 funds to SETRPC and/or the CSEC, as applicable, shall be made by the Public Agency or PSAP(s)within sixty(60) days after demand by SETRPC, unless an alternative repayment plan is approved by SETRPC and CSEC. Termination for Convenience 11.1 Either party may terminate this contract in its entirety for convenience by giving the other notice of intent to terminate. After the notice is received, the parties shall negotiate in good faith the terms and effective date of the termination. In any event, however, this contract terminates 60 calendar days after a party receives the notice of termination. Notice to Parties 12.1 Notice to be effective under this contract must be in writing and received by the party against whom it is to operate. Notice is received by a party; (1) when it is delivered to the party personally; (2)when a party receives a facsimile of the notice, as confirmed by the sender's facsimile machine; (3) on the date shown on the return receipt if mailed by registered or certified mail, return receipt requested,to the party's address specified in paragraph 12.2 and signed on behalf of the party; or(4)three business days after its deposit in the United States mail, with first-class postage affixed, addressed to the party's address specified in paragraph 12.2. 12.2 SETPRC's address is 2210 Eastex Freeway, Beaumont,Texas 77703 Attention: 9-1-1 Director. SETRPC's telephone number is (409)724-1911, and its facsimile number is (409) 347-1953. Public Agency's Primary PSAP (9-1-1 Operations Center) is located at 700 Orleans Street, Beaumont,Texas 77701 Attention: 9-1-1 Operations Supervisor/Designee. Public Agency's telephone number is 409-980-7275, and its facsimile number is 409-980-7224. Public Agency's Secondary PSAP (Beaumont Fire Headquarters) is located at 400 Walnut Street, Beaumont,Texas 77701 Attention: Logistics Services Branch Director/Designee. Public Agency's telephone number is 409-880-3901, and its facsimile number is 409-833-5166. 12.3 Public Agency agrees to notify SETRPC of a change of address or contact information by providing notice of the change in accordance with paragraph 12.1. 7 Further Agreements; Miscellaneous 13.1 By their respective signatures below, SETRPC, Public Agency, and PSAP(s) , as applicable, commit to continue providing 9-1-1 services as a condition of the receipt of 9-1-1 funds as prescribed by the SETRPC Strategic Plan. 13.2 Each individual signing this contract on behalf of a party warrants that he or she is legally authorized to do so and that such party is legally authorized to perform the obligations undertaken. 13.3 This contract states the entire agreement of the parties, and an amendment to this contract is not effective unless in writing and signed by all parties. 13.4 This contract is binding on and Inures to the benefit of the parties' successors in interest. 13.5 This contract is executed in duplicate originals. CITY OF BEAUMONT SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION Signature Signature Printed Name: Kyle Hayes Printed Name: Shanna Burke Title: City Manager Title: Executive Director Date: Date: 01.t�1atl R EXHIBIT A PSAP RULES REGARDING 9.1-1 EQUIPMENT 1. Only the designated Dispatch Supervisor or other designated supervisor is to have the administrative password or security code for the 9-1-1 computer equipment. 2. No unauthorized software is to be loaded onto the 9-1-1 system. 3. No unauthorized personnel are to service or repair the 9-1-1 system components. 4. No unauthorized personnel are to use the 9-1-1 system. 5. PSAP personnel are responsible for reporting any hardware or software problems to the appropriate service provider and/or SETRPC within a reasonable period from the time the problem is first detected. 6. Public Agency and PSAP(s) shall be liable for expenses incurred by the SETRPC in repairing or replacing software or hardware that must be replaced due to abuse or negligence or as a direct result of any violation of the rules stated herein. 7. Public Agency and PSAP(s) will not be held monetarily liable for costs incurred for items that are covered by warranty, or if they are the result of an incident over which they have no control (i.e. lightning, water as a result of flooding, power failure, etc.) 8. Failure to abide by these rules may result in the SETRPC terminating this agreement and not placing a PSAP at that location. 9 BEAUM© NT TEXAS SPECIAL MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET MONDAY, MAY 17, 2021 10:00 AM AGENDA CALL TO ORDER * Invocation Pledge Roll Call • Presentations and Recognitions * Public Comment: Persons may speak on scheduled agenda items 1-3/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider approving an ordinance calling a runoff election for June 19, 2021, to elect a Mayor for the City of Beaumont 2. Consider an ordinance amending the FY 2021 Budget 3. Consider an ordinance granting a new solid waste franchise agreement with G&H Solutions, LLC COMMENTS * Public Comment(Persons are limited to 3 minutes) * Councilmembers/City Manager/City Attorney 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. I May 17, 2021 Consider approving an ordinance calling a runoff election for June 19, 2021,to elect a Mayor for the City of Beaumont BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tina Broussard, City Clerk, TRMC MEETING DATE: May 17, 2021 REQUESTED ACTION: Council consider approving an ordinance calling a runoff election for June 19, 2021, to elect a Mayor for the City of Beaumont. BACKGROUND The City Charter dictates that if no candidate for Mayor receives a majority of all votes cast in the general election for the position for which he/she is a candidate, a runoff election for such position shall be ordered in accordance with the Texas Election Code. The City of Beaumont is designating the third Saturday of June to conduct a runoff election to elect a Mayor. FUNDING SOURCE Funds are available in the City Clerk's budget RECOMMENDATION Approval of ordinance. ORDINANCE NO. AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS, PROVIDING FOR A RUNOFF ELECTION TO BE HELD ON THE 19TH OF JUNE, 2021 FOR THE PURPOSE OF ELECTING A MAYOR; PROVIDING THE FORM OF THE BALLOT AT SUCH RUNOFF ELECTION; DIRECTING THE GIVING OF NOTICE OF SUCH ELECTION; AND OTHER PROVISIONS RELATING TO THE SUBJECT BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. In accordance with the City Charter, the Constitution, and general laws of the State of Texas, a runoff election is hereby called and ordered for the third Saturday in June, 2021, the same being the 19th day of said month, at which election all qualified voters residing within the corporate limits of the City of Beaumont may vote for the purpose of electing a Mayor for a full term. Section 2. Said election shall be held as outlined in the Election Services Agreement with Jefferson County pertained therein in accordance with Chapter 271 of the Texas Election Code; the Jefferson County Clerk will coordinate, supervise, and handle all aspects of administering said runoff election in accordance with the provisions of the Texas Election Code. Section 3. Legally qualified voters residing within the corporate limits of the City of Beaumont shall be entitled to vote at said election for the respective candidate(s) that appear on the ballot. Section 4. The notice and order of said runoff election shall be given by posting and publishing said notice and order as provided by the Texas Election Code. Section 5. That an electronic voting system, as described by Title 8 of the Texas Election Code, shall be used for said election. Section 6. That the following are hereby appointed officers of said election to serve at the Central Counting Station, which is hereby established at the Mid-County Office Building, 7963 Viterbro Road, Nederland, Texas; Central Counting Station Manager, Wayne Ozio, Tabulation Supervisor, Jeff Ross; and Assistant Tabulation Supervisor, Mary Helm. Section 7. The official ballots and ballot labels, respectively, for the election shall be prepared in accordance with Title 5 of the Texas Election Code. Section 8. That the County Clerk of Jefferson County is hereby appointed Clerk for early voting and; the appointment of Jessica Prince as Deputy Early Voting Clerk is hereby approved, said appointments being without additional compensation. Early voting by personal appearance shall be conducted at the main early voting location, Jefferson County Court House, 1001 Pearl St., Beaumont, Texas, 77701, with three branch early voting locations at Rogers Park Recreation Center, 6540 Gladys, Beaumont, TX 77706, Theodore Johns Library, 4255 Fannett Rd., Beaumont, TX 77701 and John Paul Davis Community Center, 3580 E. Lucas, Beaumont, TX, 77706. Early voting ballot applications and ballots voted by mail shall be sent to the Jefferson County Clerk's Office, P.O. Box 1151, Beaumont, Texas, 77704-1151. The Jefferson County Clerk shall keep said office open for at least eight (8) hours between 8:00 a.m. and 5:00 p.m., on each day for early voting or an official State Holiday beginning on the twelfth (12th) day through the fourth (4th) day preceding the date of such election; provided, however, except as authorized by Sections 85.005 (a) and (d), Texas Election Code, said County Clerk shall not permit anyone to vote early by personal appearance on any day or time not designated herein for early voting and under no circumstances shall she permit anyone to vote early by personal appearance at any time when her office is not open to the public for early voting purposes. Early Voting Dates and Times Monday June 07,2021 8:00 a.m. to 5:00 p.m. Tuesday June 08,2021 8:00 a.m. to 5:00 p.m. Wednesday June 09,2021 8:00 a.m. to 5:00 p.m. Thursday June 10,2021 8:00 a.m. to 5:00 p.m. Friday June 11,2021 8:00 a.m. to 5:00 p.m. Saturday June 12,2021 8:00 a.m. to 5:00 p.m. Sunday June 13,2021 POLLS WILL BE CLOSED Monday June 14,2021 7:00 a.m. to 7:00 p.m. Tuesday June 15,2021 7:00 a.m. to 7:00 p.m. Section 9. That early votes by personal appearance and by mail shall be counted by an early voting ballot board consisting of a presiding judge and five (5) clerks, the County Clerk may authorize as many additional clerks as are deemed necessary. Early votes shall be canvassed and returned by the Early Voting Ballot Board to the Central Counting Station by 7:00 p.m. on Election Day. Section 10. If any person or persons appointed herein do not appear, are unable to perform their duties, or fail to perform their duties, the County Clerk shall have the discretion and authority to appoint any substitute personnel to fill the position(s). Section 11. The order of candidates' name on the ballot for any resulting runoff election or election held to resolve a tie vote shall be the relative order of names on the regular ballot, thereby eliminating the need for a ballot drawing for a runoff election, as provided by Section 52.094 of the Texas Election Code. Section 12. That if any section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid or adjudged unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable, and the City Council of the City of Beaumont, Texas, declares it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. Section 13. That all ordinances or parts of ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. The meeting at which this ordinance 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 17th day of May, 2021. - Mayor Becky Ames - 2 May 17, 2021 Consider an ordinance amending the FY 2021 Budget BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: May 17, 2021 REQUESTED ACTION: Council consider an ordinance amending the FY 2021 Budget. BACKGROUND In accordance with Article VI of the City Charter, the City Manager shall strictly enforce the provisions of the budget as specified in the ordinance adopting the budget. He shall not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget,and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. Approving the proposed amendments will ensure that expenditures are within the approved budget and that interfund transfers are in accordance with the financial policies as approved within the budget document. The details of the proposed amendments are as follows: 1. The Imelda Recovery Fund was established to track Tropical Storm Imelda recovery costs and FEMA/other related reimbursements. As discussed with City Council on February 23, 2021, it is recommended to close this fund because FEMA is not issuing a reimbursement declaration. To date we have umeimbursed expenses in the amount of$3,792,024. To cover these expenses, we will need to transfer funds from the following funds: General Fund $1,810,737 Solid Waste Fund $1,724,218 Water Fund $ 257,069 The Imelda Fund originally budgeted revenue in the amount of $3,547,928 and will need an amendment of$244,096 to match the amount of revenue being transferred into the fund. Also,the fund is expected to exceed budgeted expenditures, thus a budget amendment of$100,000 is being proposed to cover those costs. General Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $131,940,700 $1,810,737 $133,751,437 Water Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $53,548,500 $1,724,218 $55,272,718 Solid Waste Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $12,664,900 $257,069 $12,921,969 Imelda Recovery Original Budget Proposed Amendment Amended Budget Fund Total Revenues $3,547,928 $244,096 $3,792,020. 'Total Expenditures $500,000 $100,000 $600,000 FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2021 TO APPROPRIATE ADDITIONAL FUNDS TO COVER EXPENDITURES IN THE GENERAL, WATER, SOLID WASTE AND IMELDA RECOVERY FUNDS; TO APPROVE THE TRANSFER OF FUNDS; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR REPEAL. WHEREAS, the City Charter of the City of Beaumont requires the City Manager to strictly enforce the provisions of the budget and not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred; and, WHEREAS, it is necessary to amend the FY 2021 budget to ensure that appropriations are sufficient to ensure that expenditures are authorized within the approved budget and that interfund transfers are in accordance with the financial policies as approved within the budget document, NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2020 through September 30, 2021, be and the same is hereby amended to appropriate additional funds to cover expenditures in the General Fund as shown below: General Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $131,940,700 $1,810,737 $133,751,437 Section 2. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2020 through September 30, 2021, be and the same is hereby amended to appropriate additional funds to cover expenditures in the Water Fund as shown below: Water Fund Original Budget I Proposed Amendment I Amended Budget Total Expenditures $53,548,500 $1,724,218 $55,272,718 Section 3. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2020 through September 30, 2021, be and the same is hereby amended to appropriate additional funds to cover expenditures in the Solid Waste Fund as shown below: Solid Waste Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $12,664,900 1 $267,069 $12,921,969 Section 4. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2020 through September 30, 2021, be and the same is hereby amended to appropriate additional funds to cover expenditures in the Imelda Recovery Fund and to approve the transfer of funds into the Imelda Recovery Fund as shown below: Imelda Recovery Fund Original Budget Proposed Amendment Amended Budget Total Revenues $3,547,928 $244,096 $3,792,024 Total Expenditures $500,000 $100,000 $600,000 THAT the Imelda Recovery Fund is closed. Section 5. That if any section, subsection, sentence, clause or phrase of this ordinance or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance and, to such end, the various portions and provisions of this ordinance are declared to be severable. Section 6. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. The meeting at which this ordinance 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 17th day of May, 2021. - Mayor Becky Ames - 3 May 17, 2021 Consider an ordinance granting a new solid waste franchise agreement with G&H Solutions, LLC BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: May 17, 2021 REQUESTED ACTION: Council consider an ordinance granting a new solid waste franchise agreement with G&H Solutions, LLC. BACKGROUND According to City Ordinance 22.05.101, no person shall engage in the business of collecting, hauling or transporting, in the city, any garbage, waste or refuse, without first having obtained a franchise from the City. Eleven entities currently have nonexclusive franchise agreements with the City, G&H Solutions,LLC has requested that the City Council grant the company such franchise agreement. G&H Solutions is a new locally owned business renting roll off boxes and offering waste hauling services with its Nederland office located at 2560 N. 31't Street. The franchise agreement would provide for a term of one year from its effective date and a franchise fee of seven percent (7%) of gross revenues received for service. It also requires the entity to indemnify the City of Beaumont and provide insurance which names the City of Beaumont as a named insured. According to City Charter, franchise ordinances require readings at three separate Council meetings, with the third not less than thirty (30) days from the first reading. The ordinance does not take effect until sixty (60) days after its adoption on the third and final reading. After passage,the ordinance must be published for four consecutive weeks in a newspaper of general circulation in the City. All publication costs are paid by the applicant. Attached is a copy of the proposed agreement. This is the final reading. FUNDING SOURCE A franchise fee of seven percent (7%) of gross receipts will be paid to the City. RECOMMENDATION Approval of the ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO G&H SOLUTIONS, LLC. WHEREAS, G&H Solutions, LLC (the "Company") has requested a franchise to operate a solid waste collection and transportation service within the City of Beaumont, Texas (the "City"); and, WHEREAS, the City desires to grant such franchise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. Grant of Authority There is hereby granted by the City to G&H Solutions, LLC the right and privilege to operate and maintain within the City a solid waste collection and transportation service (the "service"). For purposes of this franchise, the term "solid waste collection and transportation service' shall mean the business of collection, hauling or transporting any garbage, rubbish, waste or refuse from locations in the City, and the disposal of such material in accordance with law. The franchise granted herein is nonexclusive, and franchises may be granted to other persons for service. Section 2. Term of Franchise The franchise herein granted shall take effect and be in force sixty (60) days after the final passage hereof as required by law and upon the filing by the Company of an acceptance with the City Clerk, and shall continue in force and effect until one (1) year thereafter. The acceptance required hereunder must be in writing and filed with the City Clerk within thirty (30) days after final passage hereof. Upon the expiration of the term hereof, this franchise shall continue on a month-to-month basis until terminated by either party or extended or replaced. Section 3. Rates The Company shall establish rates for service which are uniform as to customer class based upon such criteria as type of waste, container size, frequency of collection, and distance of travel. The Company shall file its initial rates for service with its acceptance as required herein. Such rates shall, unless modified by the City, be effective with the effective date of this franchise. Any modifications in rates by the Company shall first be filed with the City Clerk and City Attorney and shall be effective thirty (30) days after such filing unless modified by City as provided herein. Nothing herein shall prevent the Company from charging uniform rates which are less than the rates filed with the City. The City shall have the right to establish rates charged by Company for services performed hereunder, after notice and hearing. Rates established by the City shall be sufficient to allow the Company an opportunity to earn a reasonable return on its invested capital used in providing such services. Section 4. Franchise Fee The Company shall pay to the City, on or before the fifteenth (15th) day of each month, a sum equal to SEVEN PERCENT(7%) of the gross revenues received for service in the previous month as payment for the use of the City's streets, alleys and rights-of- way. The payments herein provided do not relieve Company from the payment of ad valorem taxes, special assessments, charges, or other fees applicable to the public generally. City shall have the right, at any reasonable time, to audit the books and records of the Company and the Company is hereby required to make such books and records available at the request of City. Upon written acceptance, the Company shall furnish to the City a listing of customers served, including customer name, address, frequency of pick-up, size of container or type of service and charge for same. The following reports shall be filed monthly with the City Manager or his designee along with the street rental payment required herein: 1. Upon written request and within thirty (30) days of receipt, the Company shall furnish to the City adequate reconciliation of reported revenues which would include: a listing of names and addresses of all customers served, frequency of pick-up, size of container or type of service and charge for same, and date service was initiated and discontinued. Section 5. Indemnity Insurance and Bond The Company shall at all times during the effective period of this franchise, carry liability insurance as provided herein. The Company covenants and agrees at all times to indemnify and save harmless the City, its officers, agents, employees, and any member of the public against any and all injuries, damages, claims, causes of action or loss of compensation arising or resulting from Company's operations under this franchise, whether or not such loss was caused by the negligence of the City, its agents, servants or employees. Upon notice given Company by City, Company must defend at its own expense, any action or suit brought against the City because of any work or other acts done by the Company under the terms of this franchise. Counsel chosen by Company to defend City must be satisfactory to City. Company will pay any final judgment which might be obtained against City by reason of any work or acts done hereunder by Company, its agents, servants or employees, and Company will pay all damages occurring to any person or property, public or private, resulting from any fault or neglect on its part or on the part of its agents or employees. The Company agrees to carry insurance as follows: 1) Workers' Compensation The Company shall furnish the City Clerk a certificate of insurance indicating workers' compensation coverage as required by the State of Texas. 2) Automobile Liability Insurance The Company shall carry, in its own name, a policy in comprehensive form to insure the automobile liability of its operation with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury and, in addition, not less than One Hundred Thousand Dollars ($100,000.00) property damage. This policy shall name City as an additional insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise, and it shall be maintained in force during the term of the franchise. 3) General Liability The Company shall carry, in its own name, a comprehensive liability insurance policy including contractual coverage for operations other than automobile with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury, and One Hundred Thousand Dollars ($100,00.00) per occurrence for property damage. The policy shall name the City as named insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise and maintained in force during the term of the franchise. Section 6. Compliance with Laws and Ordinances The Company shall, at all times during the term of this franchise, be subject to all lawful exercise of police power by the City and to such reasonable regulations as the City shall hereafter by ordinance provide. In addition, the Company will observe all city, county, state, and federal laws regulating the collection and disposal of solid waste. Section 7. Service Standard and Equipment The Company shall maintain and operate its collection system and equipment in good order to render efficient service subject to the terms of this franchise. All vehicles, containers, and equipment used for the collection and transportation of solid waste shall be constructed, operated and maintained to prevent loss of liquid or solid waste material and to minimize health and safety hazards to solid waste management personnel and the public. Such vehicles, containers, and equipment used shall be maintained in a clean, sanitary condition and free from odors at all times. All vehicles and equipment shall comply with federal, state, and local regulations. Collection vehicles and all bulk, commercial, and roll-off type containers shall be painted and numbered and shall have the Company's name and telephone number painted in letters of a contrasting color. Such containers may not be placed on any street or right-of-way within the City. All collections shall be made directly from the premises of the customer and any emptied containers returned directly to such premises. Section 8. Providing Services The Company shall provide service to any person, firm, corporation, association or entity inside the City of Beaumont who requests such service and is not delinquent in the payment of collection charges due the Company. Section 9. Office The Company shall establish and maintain an office with telephone service and shall keep said office open for business from 9:00 A.M. to 5:00 P.M. each and every day except Saturday, Sunday and holidays. Section 10. Interruption of Service In the event that service shall be interrupted for any reason for more than forty- eight (48) hours, the City shall have the right to make temporary independent arrangements for the purposes of continuing this necessary service to its residents in order to provide or protect the public health and safety. If the interruption in service mentioned herein continues for a period of seventy-two (72) hours, then the City shall have the right to terminate the rights and privileges granted in this franchise. Section 11. Termination In the event that any provision of this franchise is violated by the Company, the City may serve written notice upon the Company of its intention to terminate this franchise. The notice shall contain the reasons for such intention to terminate the franchise. Unless within ten (10) days after mailing such notice by City to the Company, such violation shall cease, or satisfactorily arrangements for correction be made by Company, the City Council may, after a public hearing in which Company is provided an opportunity to present evidence concerning such violation, declare the franchise terminated and serve written notice upon the Company of the termination and the termination of the franchise shall be effective upon the mailing of such notice. Section 12. Transfer of Franchise Rights Franchise rights granted hereunder shall not be transferred to another without the approval of City. A single transfer or a series of transfers of Company's stock which constitute a transfer of a majority interest in Company is subject to the prior approval of City. Section 13. Notices Where written notices are provided for in this ordinance, same shall be sufficient to notify Company when provided by certified mail to: G&H Solutions, LLC 2560 N. 31s' Street Nederland, TX 77627 Notice to City is sufficient if mailed by certified mail to: City Manager City of Beaumont P.O. Box 3827 Beaumont, TX 77704 Section 14. If any section, sentence, clause, paragraph or phrase of this ordinance, other than Section 4, is for any reason held to be invalid or illegal, such invalidity shall not effect the remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any reason, the ordinance shall be immediately invalid. Section 15. It is agreed by City and Company that venue of any legal proceedings under this franchise agreement shall be in Jefferson County, Texas. Section 16. Vehicle Permits Twenty (20) days prior to the effective date of this franchise, the Company shall furnish to the City a list of all vehicles to be providing solid waste collection and disposal service under this franchise. Such list shall include state license number, year, make, model and manufacturer's rated capacity for each vehicle. Vehicles not having a valid City of Beaumont landfill permit will not be allowed to operate under this agreement nor utilize the City refuse disposal facility. If at any time a vehicle or equipment is found to be in noncompliance with Section 7 of this franchise, the Company will be notified of its violation and said equipment or vehicle shall be removed from service upon receipt of written notification. Failure to comply with this provision or to falsify the information concerning the location of the service of the vehicle shall be a material breach of this franchise. Should City decide not to terminate this franchise because of any violation of this Section, Company's disposal fee at City's landfill shall be doubled for all of Company's vehicles for a period of sixty (60) days. The meeting at which this ordinance 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 on first reading this the 13th day of April, 2021. PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this the 20th day of April, 2021. PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this the 17th day of May, 2021. - Mayor Becky Ames - ACCEPTANCE: G&H Solutions, LLC By: (Company Owner/Representative)