HomeMy WebLinkAbout05/09/2023 PACKET BEAUMONT
TEXAS
MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS — CITY HALL — 801 MAIN STREET
TUESDAY, MAY 9, 2023
1:30 PM
AGENDA
CALL TO ORDER
• Invocation Pledge Roll Call
• Proclamations, Presentations and Recognitions
- Presentation on Emergency Notification Systems
• Public Comment — Persons may speak on the Consent Agenda and Regular
Agenda Items 1-2.
• Consent Agenda
CONSENT AGENDA
(Items placed on the Consent Agenda are considered routine in nature and are considered
noncontroversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is
required to remove any item for discussion and separate action.)
A. Approval of the May 2, 2023 City Council Meeting Minutes.
B. Authorize the City Manager to execute all documents necessary to apply for grant
funding for the Southeast Texas Auto Theft Task Force.
C. Authorize the City Manager to apply for grant funding from Hancock Whitney
Charitable Trust for the purchase of a large format video screen and projector for
the Jefferson Theatre.
D. Support applications for a State Historical Designation, placement on the National
Register of Historic Places and installing markers on City property at The Temple
to the Brave.
E. Approval of the proposal submitted by Preferred Facilities Group - USA to replace
the roof membrane at the Art Museum of Southeast Texas located at 500 Main
Street.
F. Authorize the City Manager to accept maintenance and authorize final payment to
TRP Construction Group, LLC., for the Citywide Pavement Markings Phase II
Project.
G. Approval of a contract with Roberts Havoline Xpress of Beaumont to provide
preventive maintenance for City vehicles.
H. Authorize the execution of an Agreement for Private Crossing with BNSF Railway
Company.
I. Authorize the City Manager to execute Change Order No. 4, to the contract with
To-Mex Construction, LLC, of Houston, for the Street Rehab Sewer Line Pipe
Bursting Project.
J. Approval of a contract for the fence installation at the Police Department located
at 255 College Street.
K. Approval of a resolution to in opposition to various House and Senate Bills
proposed in the 88th Texas Legislature Session.
REGULAR AGENDA
1. Consider awarding funds to the Greater Beaumont Chamber of Commerce to
facilitate the development of an Innovation Grant Program, a Growth and
Expansion Program and a Minority Growth and Expansion grant program.
2. Consider authorizing the City Manager to execute a contract for property insurance
for various City owned properties and assets.
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.
A
BEAUMONT
TEXAS
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Tina Broussard, TRMC, City Clerk
MEETING DATE: May 9, 2023
REQUESTED ACTION: Council consider approval of the May 2, 2023 City Council
Meeting Minutes.
BEAUMONT
TEXAS
MINUTES OF THE CITY OF BEAUMONT
COUNCIL MEETING
Albert"A.J." Turner Jr., At-Large ROBIN MOUTON, MAYOR Randy Feldschau, At-Large
Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II
Audwin Samuel, Ward III MAY 2, 2023 Chris Durio, Mayor Pro Tem
Tina Broussard, City Clerk Kenneth R. Williams, City Manager Sharae Reed, City Attorney
The City Council of the City of Beaumont, Texas, met in a regular session in strict compliance with
the Texas Open Meetings Act, Texas Government Code, Chapter 551 on May 2, 2023, at the City
Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following:
OPENING
* Invocation Pledge of Allegiance Roll Call
• Proclamations, Presentation and Recognition
- Presentation on Legislative Update (HillCo Partners)
- Presentation on Intersection Aesthetics (TxDOT)
* Public Comment: Persons may speak on the Consent Agenda/Agenda items 1 and 2
Mayor Mouton called the council meeting to order at 1:30 p.m.
Bishop David L. Toups, Bishop of the Diocese of Beaumont gave the invocation. Mayor Mouton led
the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk.
Present at the meeting were Mayor Mouton, Mayor Pro Tem Durio, Councilmembers Getz, Turner,
Feldschau, Samuel and Neild. Also, present were Kenneth Williams, City Manager; Sharae Reed,
City Attorney; Tina Broussard, City Clerk.
Proclamations, Presentations and Recognitions
Proclamation —"National Preservation Month"—May 2023—Proclamation read by Councilmember
Getz; accepted by Tom Bell, Executive Director of Beaumont Main Street and Carol Gary, Director
of Development
Proclamation — "Older Americans Month" — May 2023 — Proclamation read by Mayor Pro Tern
Durio; accepted by Charlie Holder and Jennifer Pate
Proclamation — "National Day of Prayer" — May 4, 2023 — Proclamation read by Mayor Mouton;
accepted by Pastor Donny Flippo, Pastor of Gospel Center Church, members of the Clergy and
Police Partnership and members of the City of Beaumont Volunteer Chaplains
Public Comment: Persons may speak on the Consent Agenda
Minutes— May 2,2023
Charlie Crabb 928 East Dr. Beaumont TX
Spoke regarding items he would like to see changed on the Consent Agenda and Agenda,
also spoke on Consent Agenda items E, G, I & J
CONSENT AGENDA
(Items placed on the Consent Agenda are considered routine in nature and are considered non-controversial.
The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any
item for discussion and separate action.)
A. Approval of the April 25, 2023, City Council Meeting Minutes
B. Authorize the City Manager or his designee to apply for and receive $1,574,521 in funding
through the Department of Homeland Security 2023 Port Security Grant Program -
Resolution 23-115
C. Authorize the City Manager or his designee to apply for and receive funding in an amount up
to $70,000 through the U.S. Department of Justice Project Safe Neighborhoods Block Grant
Program (PSN) - Resolution 23-116
D. Authorize the City Manager to execute Change Order No. 1, accept maintenance, and
authorize final payment to Infrastructure Engineering & Construction, LLC, from Houston, for
the Pine Street Electrical Building Flood Protection Improvements Project— Resolution 23-
117
E. Approval of accepting maintenance of the street, storm sewer, water, and sanitary sewer
improvements in Spring Wood Subdivision, Section 3 — Resolution 23-118
F. Approval of a contract to provide lubricants for use in City vehicles and equipment -
Resolution 23-119
G. Approval of the purchase and installation of six scoreboards for the Athletic Complex from
Nevco Sports, LLC of Greenville, IL - Resolution 23-120
H. Approval of the appointment of members to the Charter Review Committee- Resolution 23-
121
Authorize the settlement of the claim of Joseph Guidry - Resolution 23-122
J. Authorize the settlement of the claim of Kevin & Patricia Joseph - Resolution 23-123
Councilmember Neild moved to approve the Consent Agenda. Mayor Pro Tem Durio
seconded the motion.
AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER,
FELDSCHAU, SAMUEL AND NEILD
NAYS: NONE
MOTION PASSED
Minutes— May 2,2023
REGULAR AGENDA
1. Consider authorizing the acceptance of the proposed settlement of Entergy's 2022 base
rate case.
Entergy Texas, Inc. (ETI) and the Steering Committee of Cities (Committee) have reached a
final agreement regarding ETI's request for a base rate increase, including revenue
requirement, class allocation, and rate design.
ETI agreed to a revenue requirement increase of$54 million, which is approximately 58.9%
lower than their original requested revenue requirement increase of$131.4 million. ETI also
agreed to a smaller increase to residential fixed monthly customer charge. ETI initially
proposed $16.33, the parties settled on $14.00 as the monthly residential charge. The lower
customer charge reduces the risk of"rate shock" and is particularly beneficial for the lower-
usage customers.
The reasonable expenses associated with rate cases are reimbursable by the company.
Approval of ordinance.
Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE BY THE
CITY OF BEAUMONT, TEXAS ("CITY") AUTHORIZING THE SETTLEMENT OF THE PROPOSED RATE
INCREASE OF ENTERGY TEXAS, INC., FINDING THAT THE MEETING COMPLIES WITH THE OPEN
MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISION RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE. Councilmember Neild seconded the motion.
AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER,
FELDSCHAU, SAMUEL AND NEILD
NAYS: NONE
MOTION PASSED
ORDINANCE 23-042
PUBLIC HEARING
• Receive comments on the Public Services and Public Facilities and Improvements line items
of the Consolidated Grant Program's 2023 Annual Action Plan.
Public Hearing Open: 2:43 p.m.
None
Public Hearing Close: 2:43 p.m.
2. Consider adopting the Consolidated Grant Program's 2023 Annual Action Plan.
As mandated by the U. S. Department of Housing and Urban Development (HUD), City
Council has conducted public hearing and work sessions in previous years prior to adopting
the City's Annual Action. Plan. Planning & Community Development staff, along with the
Community Development Advisory Committee (CDAC), hosted a Public Hearing in order to
Minutes— May 2,2023
receive public comments on the process and activities related to the 2023 Annual Action
Plan. Attached are the proposed Budget for the 2023 Program Year, recommended funding
by the CDAC and applicant project summaries.
The proposed budget reflects estimated allocations of $1,394,010 in Community
Development Block Grant (CDBG) funding, an estimated $2,000 in Program Income and
$627,396 in HOME funding. Please note these amounts may change slightly before the final
adoption as we receive the final amounts from HUD.
U. S. Department of Housing and Urban Development(HUD) Community Development Block
Grant and HOME Investment Partnership Grant funds.
Conduct the Public Hearing and approve the resolution.
Councilmember Neild left the meeting at 2:53 p.m.
Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY
ADOPTS THE HUD CONSOLIDATED GRANT PROGRAM'S 2023 ANNUAL PLAN,AS WELL AS THE BUDGET
OF THE 2023 ACTION PLAN IN THE ESTIMATED AMOUNT OF $1,394,010. Mayor Pro Tem Durio
seconded the motion.
AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER,
FELDSCHAU AND SAMUEL
NAYS: NONE
MOTION PASSED
RESOLUTION 23-124
Councilmember Neild returned to the meeting at 2:55 p.m.
COMMENTS
* Public Comments (Persons are limited to three minutes)
Dylan Richardson 4575 N. Major Dr. Beaumont TX
Spoke to Council regarding the election, stated that as he and his constituents don't know
who will win the seats that Council occupy today, would like to acknowledge the real
possibility of all incumbents being reelected for another term, believes that continuity could
be a blessing to this city and its citizens, asked that if this proves to be the case that all of
Council work together for the betterment of Beaumont, understands that his nature at these
meetings have been viewed as hostile in nature by some, would like to rephrase that with the
words passionate and dissatisfied, stated that he's one of the few and finite members of the
youth in this city that has an authentic desire to stay in this city long term, he's not asking that
Council listen to him because of that, he's asking that Council listen to him because he feels
that he's in touch with the pulse of the city, there's no secret that this city is divided by
overpasses and railroad tracks, the development and infrastructure of the third and fourth
wards are no where near the quality and standards held in the second, he refuses to adhere
Minutes— May 2,2023
to the belief by prejudice individuals that it's due to the inaction of the representation of those
wards, because he does know better, he is of the opinion that those wards do have adequate
and effective representation, believes what should be called into question is that due to the
demographics of those respective wards there is no effort to enhance the quality of life for
them, asked Council to make a point of emphasis in their next terms, that is for Council to
rule, lead and develop without bias and predilections, stated that he and a friend attended a
Lamar University football spring game, they were approached by the President of Lamar
University, Dr. Jaime Taylor, stated that Dr. Taylor is a dreamer, he is what the university and
city needs, emplored all of Council to reach out to him and invoke the power of his office as
well as the office of the other better connected citizens to help work as a cohort of sorts to
progress the City of Beaumont to where it needs to be, stated that the school that he will
soon call his Alma Mater, Lamar University has 1,400 international students struggling to find
affordable off campus housing, how can we as a city speak in hopes of coming to the times if
we don't support the youth that have chosen to come to Beaumont, who inadvertently create
a melting pot of culture in this city which he would argue is a necessity, requirement and
standard held by any growing city, Lamar University needs help, multiple departments are
undergoing overhauls and administrative roles are being filled by outsiders who have no
touch of the roots of this city or any genuine interest in helping or recruiting the kids that
attend schools within BISD, Council has spoken on the issues of first responders not residing
within city limits, while he agrees that it is an issue, what about the university administrative
positions not being filled by or even supported by alumni, the infrastructure that surrounds
the university would have been considered egregious by experts for an extended period of
time that Councilmember Turner took upon himself to solve
Charlie Crabbe 928 East Dr. Beaumont TX
Gave his deepest sympathy to Councilmember Getz and his wife Allison as well as her
children and parents Jerry and Iris Nathan for having to deal with her medical condition,
appreciated Councilmember Getz speaking a few weeks ago on Allison's volunteer services,
her many chairmanships and presidential positions, stated that Allison has given so much to
those organizations and has shown many improvements as the Tax Assessor Collector,
thanked Councilmember Getz for his service to the City and thanked Allison for her service to
the citizens of Jefferson County
Thefarro Richard 5275 Parkview Dr. Beaumont TX
Announced that the State of Texas has received $842 million dollars to assist homeowners
who were impacted by COVID-19, stated that Legacy Community Development Corporation
has partnered with the Texas Department of Housing and Community Affairs to assist any
homeowner that is behind on their mortgage, facing foreclosure, behind on their property
taxes and utilities, residents who qualify can receive up to $65,000 dollars in grant
assistance, to get additional information citizens can go to www.leqacycdc.org or contact
Kirkland Richardson at 409-433-8283, would hope the City Council can assist the elderly
especially since so many people are behind on their property taxes, this is a wonderful
opportunity to stop people from losing their homes within Jefferson and Orange Counties, in
regards to the District Engineer for TxDOT that spoke earlier, stated that she has a concern
as a citizen, one of which affects her deeply, as she lost a relative recently who was 23
years old, regarding the survey for DLT, if that becomes a possibility asked if TxDOT could
add an item to discuss the concrete barriers and the trees in the grass ways in the middle of
freeways, doesn't understand why trees need to be there, also doesn't understand why
people would put up dangerous structures where there isn't any room to break, eighteen
Minutes— May 2,2023
wheelers that are traveling high rates of speed as well as cars have no give, from Winnie to
Orange how many deaths have been experienced, asked what's the necessity of the
concrete barriers because she hasn't seen any construction taking place, wondering why
TxDOT is creating dangerous situation where there are pile ups and multiple deaths and
fatality accidents, asked if an eighteen wheeler has no where to break what do they do
Addle Allen 9695 Gross Beaumont TX
Showed Council an air horn, stated that if she blew it no one would know what it means, this
is just an example that the city needs a siren, when the city gets a siren the citizens need to
know what it means, what it means is seconds to save your life, with hurricanes it's different,
we prepare, we board up our windows, we make arrangements to go somewhere, notice that
we have multiple tornadoes that's happening, asked the City Manager if this can be put on
the agenda and invite some of the contractors that she researched and found, stated that
June is hurricane season, she has stood at the podium often stating that the city needs an
audible sound, we are our brother's keepers, it's time to stop delaying this, yes the city gets
money from Sequestration where the city is doing economic development, the citizens need
to be taken care of as well, Entergy is getting $14.00 more dollars, the lights are amber, two
summers ago Entergy stated they would be cutting the trees,they called their neighborhoods
and they never came, why can't the city put Entergy on notice to do something for the money
they are receiving, stating that she's vacillating but it's all safety, asked the City Council to put
this on an agenda so that what she's saying may be explained by professional who knows
more about sirens, multiple lives are being lost with tornadoes, everyone needs to be aware
that the weather is doing different things that has never happened, also stated that on last
week there was young lady that spoke to Council regarding being raped, that took a lot nerve
to come up and say that, hope that someone addresses her, she's just one person that's
saying something happened to them in this city and needs help, asked that we take care of
each other, thanked Council for serving
Jesus Lopez 5980 Fairmeadow Dr. Beaumont TX
Spoke to Council regarding bike lanes, has noticed more and more bike lanes that are
popping up throughout the city and that's great, stated that bicycles are cheaper to use than
cars, there's a lot of progress to be made and bicycle lanes need to be a priority, stated that
he can't make it to Council from where he lives because it's difficult to cross over to 110,
wants Council to think about if their street suddenly had a fire or something else happened to
prevent them from using their car, what would they do, if there were more bike lanes it would
get people out more and it's healthier for them to be out riding, would like to see the progress
continue
* Councilmembers/City Manager/City Attorney comments on various matters
COUNCILMEMBER COMMENTS
COUNCILMEMBER NEILD - NONE
COUNCILMEMBER SAMUEL - ACKNOWLEDGE NEW CHARTER COMMITTEE MEMBER
SHIRLENE COOK WHO'S IN THE AUDIENCE TODAY
COUNCILMEMBER FELDSCHAU - NONE
Minutes— May 2 2023
COUNCILMEMBER TURNER - STATED THAT HE WOULD SUPPORT A WORKSHOP FOR MS.
ADDIE ALLEN'S REQUEST FOR SIRENS
COUNCILMEMBER GETZ - THANKED CHARLIE CRABBE FOR THE KIND REMARKS
REGARDING HIS WIFE, THANKED MS. ADDIE ALLEN FOR
COMING BY THE HOUSE AND BRINGING HIS WIFE BIRTHDAY
BALLOONS AND A GIFT, IT WAS GREATLY APPRECIATED,
COMMENTED ON MS. ALLEN'S CONCERN ABOUT SIRENS AND
GAVE A SECOND TO COUNCILMEMBER TURNERS REQUEST FOR
A WORKSHOP ON THE SIRENS,STATED THAT THE CITY USED TO
HAVE A CIVIL DEFENSE SIREN IN BEAUMONT, REMEMBERS
CLEARLY THEY WOULD TEST ONE DOWNTOWN AT NOON EVERY
WEEK AND IT COULD BE HEARD BUT THEY STOPPED DOING
THAT AND DID AWAY WITH THE SIREN,THE REASON IS BECAUSE
IN DAYS GONE BY HOUSES WEREN'T NECESSARILY EQUIPPED
WITH AIR CONDITIONING AND CITIZENS HAD THEIR WINDOWS
OPEN AND YOU COULD HEAR THE SIRENS MORE EASILY,THERE
WERE A LOT MORE PEOPLE OUTSIDE BACK THEN, BACK IN THE
FIFTIES AND SIXTIES DOWNTOWN WAS FILLED WITH PEOPLE
OUTSIDE GOING FROM STORE TO STORE, YOU DON'T HAVE
THAT ANYMORE, HOMES ARE MORE SOUND PROOF NOW, WE
NOW HAVE CELL PHONES/SMART PHONES, WHEN THERE'S AN
EMERGENCY SUCH AS A CHILD ABDUCTION YOUR PHONE GOES
OFF, IT TELLS YOU WHAT'S HAPPENING, ALMOST EVERYONE
HAS A CELL PHONE OR THE ABILITY TO GET ONE, DOESN'T
KNOW IF THERE'S A LOT OF PRACTICALITY TOWARDS SIRENS
RIGHT NOW BUT HE'S WILLING TO DISCUSS IT AND HEAR THE
PRO AND CONS AND KEEP AN OPEN MIND, IN REGARDS TO THE
BICYCLE LANES, THINKS IT'S GREAT ESPECIALLY WITH THE
ADVENT OF ELECTRIC BIKES,CITIZENS USE THEIR BIKES MORE,
THINKS THAT CITIZENS CAN GET DOWNTOWN BY GOING UNDER
10 AT CALDER, STATED THAT HE'S DONE IT, DOES SUPPORT
CONTINUED STRIPING FOR BIKE LANES AND HOPES THE CITY
CAN CONTINUE TO DO THAT
MAYOR PRO TEM DURIO - ATTENDED 409 DAYS AT TYRRELL PARK AND THE VIVA
HISPANIC HERITAGE FESTIVAL, HAD A GREAT TIME AT BOTH
EVENTS AND THEY WERE WELL ATTENDED,ANNOUNCED THAT
TODAY (MAY 2, 2023), IS THE LAST DAY OF EARLY VOTING,
POLLS WILL CLOSE AT 7:00 P.M., SATURDAY,MAY 6,2023,IS
ELECTION DAY FROM 7:00 A.M., TO 7:00 P.M., IF ANYONE
HASN'T VOTED, THERE'S STILL TIME TO DO SO
CITY ATTORNEY REED - NONE
CITY MANAGER WILLIAMS - REMINDED COUNCIL THAT ON THURSDAY, MAY 11, 2023,
WILL BE THE BUDGET WORKSHOP,THIS WILL BE THE FIRST ONE
OF THE YEAR WHERE THEY WILL GET MORE INFORMATION, IN
REGARDS TO THE EMERGENCY NOTIFICATION SYSTEM,
INFORMATION HAS BEEN GIVEN TO STAFF AND IT WILL BE ON
THE NEXT AGENDA, IT WILL BE ON MORE THAN JUST SIRENS,
Minutes— May 2,2023
THERE WILL BE ADDITIONAL INFORMATION ON THE CURRENT
NOTIFICATION SYSTEM AS WELL AS WHAT MS.ALLEN TURNED
IN AND THE FEASIBILITY OF WHAT SHE SUBMITTED, ALSO IN
REGARDS TO BIKE LANES AND SIDEWALKS, STATED THAT HE
LIKES TO RIDE BIKES AND WANTS THE CITY TO BE MORE
SIDEWALK FRIENDLY, THE GOAL IS TO INCORPORATE MORE
BIKE LANES AND SIDEWALKS INTO THE CONSTRUCTION
PROJECTS AS THEY DEVELOP
ASSISTANT CM BOONE - NONE
ASSISTANT CM ELLIS - NONE
PW DIRECTOR BARTKOWIAK - COMMENTED ON A PREVIOUS STATEMENT MADE BY A CITIZEN
REGARDING CONCRETE BARRIERS ON THE FREEWAYS,STATED
THOSE ARE TxDOT FREEWAYS MANAGED BY THEM AND THEY
SHOULD PROBABLY SPEAK WITH TxDOT ABOUT THE
BARRIERS FOR FURTHER COMMENT, BELIEVES THE ONE THAT
THE CITIZEN SPOKE OF IS INTENDED TO PREVENT TRAFFIC THAT
LEAVES THE ROADWAY FROM ENTERING AND GETTING ON TO
THE OTHER SIDE OF THE FREEWAY AND HITTING ON COMING
TRAFFIC, WHILE YOU WOULD HIT A SOLID OBJECT DRIVERS
WOULD NOT HIT ANOTHER VEHICLE HEAD ON,ASKED THAT SHE
CONTACT TxDOT AS TO HOW THEY MAINTAIN SAFETY ON THE
FREEWAY
MAYOR MOUTON - ATTENDED 409 DAYS, IT WAS WELL ATTENDED AND A GREAT
SUCCESS, SUNDAY WAS A PERFECT DAY WITH PERFECT
WEATHER FOR THE VIVA HISPANIC HERITAGE FESTIVAL,THEY
HAD GREAT FOOD AND MUSIC WITH GREAT ATTENDANCE,
THERE'S A LOT OF THINGS GOING ON IN BEAUMONT, CHECK
THE WEB SITE TO SEE ALL THE ACTIVITIES,ALSO TODAY IS THE
LAST DAY FOR EARLY VOTING UNTIL 7:00 P.M., SATURDAY,
MAY 6, 2023, IS ELECTION DAY, ENCOURAGED EVERYONE
WHO HASN'T VOTED TO GET OUT AND VOTE, THANKED
EVERYONE FOR COMING OUT,THANKED MS. SHIRLENE COOK
FOR ATTENDING THE MEETING TODAY, GO OUT AND SPREAD
THE LOVE
Open session of meeting recessed at 3:18 p.m.
Robin Mouton, Mayor
Tina Broussard, City Clerk
Minutes— May 2,2023
B
BEAUMONT
TEXAS
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: James P. Singletary, Chief of Police
MEETING DATE: May 9, 2023
REQUESTED ACTION: Council consider a resolution approving/authorizing the City
Manager to execute all documents necessary to apply for grant
funding for the Southeast Texas Auto Theft Task Force.
For 30 consecutive years, the Southeast Texas Auto Theft Task Force (ATTF) has been a multi-
jurisdictional,cooperative law enforcement effort designed to regionally combat auto burglars and
thieves while increasing public awareness of how to reduce chances of victimization. It is
partially grant-funded by the Motor Vehicle Crimes Prevention Authority (MVCPA). Although
ATTF is centered in and administered by the City of Beaumont,it is inclusive of Jefferson,Hardin,
Orange, and Jasper counties.
The City of Beaumont has been the grantee for the Southeast Texas Auto Theft Task Force since
1993. The total budget being requested is $860,840, with state funds in the amount of$711,620.
The Beaumont Police Department will provide $89,220 as a cash match in the form of supplies
and direct operating expenses; while other agencies will provide an additional $60,000 for a total
cash match of$149,220. The upcoming grant cycle will begin on September 1,2023 and will end
on August 31, 2024.
FUNDING SOURCE
The city's required match will be included in the Police Department's Operating Budget in the
General Fund.
RECOMMENDATION
Approval of the new resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
WHEREAS, under the provisions of the Texas Transportation Code Chapter 1006
and Texas Administrative Code Title 43; Part 3; Chapter 57, entities are eligible to receive
grants from the Motor Vehicle Crime Prevention Authority to provide financial support to
law enforcement agencies for economic automobile theft enforcement teams and to
combat motor vehicle burglary in the jurisdiction; and,
WHEREAS, this grant program will assist this jurisdiction to combat motor vehicle
burglary and theft; and,
WHEREAS, the City of Beaumont has agreed that in the event of loss or misuse
of the grant funds, the City of Beaumont assures that the grant funds will be returned in
full to the Motor Vehicle Crime Prevention Authority;
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 designated as the Authorized Official to
apply for, accept, decline, modify, or cancel the grant application for the Motor Vehicle
Crime Prevention Authority Grant Program and all other necessary documents to accept
said grant; and,
BE IT FURTHER RESOLVED THAT John Cross Sr., Lieutenant, is designated
as the Program Director and Todd Simoneaux, Chief Financial Officer, is designated as
the Financial Officer for this grant.
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 May,
2023.
- Mayor Robin Mouton -
4/27/23,1:39 PM MVCPA Taskforce Grant Application
,.., .i i;. .kf a .c C:r-rni AlI ,
Request for Application(RFA)
The total cash match from the budget does not match the total cash match from the source of the matches detail.These
must match before the application can be submitted.
The total in-kind match from the budget does not match the total in-kind match from the source of the matches detail.These
must match before the application can be submitted.
Primary Agency/Grantee Legal Name: City of Beaumont
Organization Type:Law Enforcement
Organization ORI(if applicable): TX1230100:BEAUMONT PD(MIP)
Program Title Please enter a short description of the proposed program that can be used as the title.
Southeast Texas Auto Theft Task Force
Application Category(See Request for Applications(RFA)for category details and descriptions RFA Priority Funding Section):
MVCPA Program Category(see RFA and TAC 43,3§57.14).Check all that apply.
•Law Enforcement,Detection and Apprehension
•Prevention,Anti-Theft Devices and Motor Vehicle Registration
Taskforce Grant Participation and Coverage Area
Provide a General Description of the Participating and Coverage Area of this Grant Application
Jefferson,Hardin,Orange,and Jasper counties and all municipalities therein.
Define in the tables below the grant relationships and geographic area of the taskforce:
Applicant will add the participating and coverage agencies from the ORI list below. If an agency is not in the ORI list,please include
the agency and role in the general description above.Make sure to follow the definitions below and select an agency in the dropdown.
Use the Add as Participating Agency or Add as Coverage Agency button to populate the list.
Participating Agencies are agencies that materially participate in the grant application through the exchange of funds for
reimbursement and cash match. Participating agencies are defined after the grant award by interlocal/interagency agreements.Each
applicant must select their own agency first.Then select agencies that will receive or provide funding and/or resources.(Note:
Interlocal/interagency agreements do not need to be submitted with the application.Interlocal agreements will need to be executed
prior to the first payment being made if selected for a grant.Letters of support with the application from the participating agencies are
strongly recommended.)
Coverage Agencies are agencies that provided some level of coverage,assistance or support by this grant application but will not
materially exchange funds as cash match or reimbursement.The coverage is not supported by an after the award with
interlocal/interagency agreements.Coverage agencies as law enforcement agencies may have jurisdictional coverage agreements
unrelated to the grant(Ex.City Y is within County X or vice versa).Agencies selected in this list include agencies that will be covered
or where the agency indicates that their agency will coordinate or call upon the taskforce.Letters of support with the application from
the participating agencies are strongly recommended.
Participating Agencies Coverage Agencies
TX1230000 JEFFERSON CO SO TX1000000 HARDIN CO SO
TX1230100 BEAUMONT PD(MIP) TX1000100 KOUNTZE PD
TX1230700 PORT ARTHUR PD(AE)TX1000200 SILSBEE PD
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TX1000300 SOUR LAKE PD
TX1000900 LUMBERTON PD(IBR)
TX1210000 JASPER CO SO
TX1210100 JASPER PD
TX1230300 GROVES PD
TX1230500 NEDERLAND PD
TX1231000 LAMAR UNIVERSITY PD
TX1810000 ORANGE CO SO
TX1810100 BRIDGE CITY PD
TX1810200 ORANGE PD
TX1810300 PINEHURST PD
TX1810400 VIDOR PD
TX1810500 WEST ORANGE PD
TX1810800 ROSE CITY PD
Resolution:Complete a Resolution and submit to local governing body for approval. Sample Resolution is found in the Request for
Application or send a request for an electronic copy to grantsMVCPA@txdmv.gov.The completed and executed Resolution must be
attached to this on-line application.
Grant Budget Form
MVCPA recommends that the applicant complete the total costs(MVCPA and Cash Match combined)for this program.The applicant can
then enter the desired amount of Cash Match(not less than 20%per TAC Title 43,A§57.36).The system will then calculate the correct
grant and match amounts.
Budget Entry Option:
Enter MVCPA and Cash Match Amounts
Cash
MVCPA Match Total In-Kind
Budget Category Expenditures Expenditures Expenditures Match
Personnel $287,000 $0 $287,000 $296,000
Fringe $104,000 $0 $104,000 $108,000
Overtime $0 $12,500 $12,500 $0
Professional and Contract Services $166,000 $60,000 $226,000
Travel S19,650 $0 $19,650
Equipment S48,000 $0 $48,000
Supplies and Direct Operating Expenses(DOE) $86,970 $76,720 $163,690
Total $711,620 $149,220 $860,840 $404,000
Cash Match Percentage 20.97%
Pct MVCPA In-Kind
Description Subcategory Time Funds Cash Match Total Match
Personnel
Program Director/Commander Investigator/LEO 100 $0 $0 $116,000
Program Manager/Supervisor Investigator/LEO 100 $107,000 $0 $107,000
Investigator 1 Investigator/LEO 100 $90,000 $0 $90,000
Investigator 2 Investigator/LEO 100 $90,000 $0 $90,000
Investigator 3 Investigator/LEO 100 $0 $0 $0 $90,000
Investigator 4 Investigator/LEO 100 $0 $0 $0 $90,000
Total Personnel 600 $287,000 $0 $287,000 $296,000
Fringe
• Program Director/Commander Investigator/LEO $0 $0 $40,000
Program Manager/Supervisor Investigator/LEO $36,000 $0 $36,000
Investigator 1 Investigator/LEO $34,000 $0 $34,000
Investigator 2 Investigator/LEO $34,000 $0 $34,000
Investigator 3 Investigator/LEO $0 $0 $34,000
Investigator 4 Investigator/LEO $0 $0 $34,000
Total Fringe $104,000 $0 $104,000 $108,000
Overtime
Investigator Investigator/LEO $0 $2,500 $2,500 $0
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Pet MVCPA In-Kind
Description Subcategory Time Funds Cash Match Total Match
Investigator Investigator/LEO $0 $2,500 $2,500 $0
Investigator Investigator/LEO $0 $2,500 $2,500
Investigator Investigator/LEO $0 $2,500 $2,500
Program Manager/Supervisor Investigator/LEO $0 $2,500 $2,500
Total Overtime $0 $12,500 $12,500 $0
Professional and Contract Services
Jefferson County SO Investigator Investigator/LEO 100 $80,000 $0 $80,000
personnel
Port Arthur PD Investigator Investigator/LEO- 100 $86,000 $0 $86,000
personnel
Jefferson County SO Investigator Investigator/LEO-fringe 100 $0 $30,000 $30,000
Port Arthur PD Investigator Investigator/LEO-fringe 100 $0 $30,000 $30,000
Total Professional and Contract Services 400 $166,000 $60,000 $226,000
Travel
Annual TAVTI Law enforcement In $6,150 $0 $6,150
State
MVCPA Board Meetings Law enforcement In- $1,000 $0 $1,000
State
Auto Crime Related Training Law enforcement In- $4,500 $0 $4,500
State
Investigative or Administrative Law enforcement In- $1,500 $0 $1,500
State
MVCPA Grant Workshop/Board Law enforcement In- $6,500 $0 $6,500
Meeting/Award State
Total Travel $19,650 $0 $19,650
Equipment
1 Task Force Vehicle $48,000 $0 $48,000
Total Equipment $48,000 $0 $48,000
Supplies and Direct Operating Expenses(DOE)
Office&Warehouse Lease(1) $0 $55,000 $55,000
Office Utilities(1) $0 $6,600 $6,600
Office Field and Operational Supplies(1) $12,000 $0 $12,000
Office Phone and Data Service(1) $6,060 $0 $6,060
Bait and Tracking Air Time(1) $1,380 $0 $1,380
Cell Phone Service(1) $3,480 $0 $3,480
Vehicle Lease 1 (1) $7,800 $0 $7,800
Vehicle Lease 2(1) $7,800 $0 $7,800
Vehicle Fuel,Maintenance and Repair:BPD $47,250 $0 $47,250
(1)
TAVTI Registration Fees $1,200 $0 $1,200
Uniforms $0 $15,120 $15,120
Total Supplies and Direct Operating $86,970 $76,720 $163,690
Expenses(DOE)
Budget Narrative
A. Personnel
Personnel:Commander.The Task Force commander will hold the rank of Lieutenant of the Beaumont Police Department and serve as
the Program Director;oversee all task force personnel and associated task force operations;manage financial affairs pertaining to the
•
grant;compile weekly payroll;direct task priorities,establish expectations and ensure accountability;work jointly with MVCPA,
Beaumont Chief of Police,Beaumont CFO Office and its grant coordinator and the program manager to sustain grant compliance and
ensure positive outcomes;liaison with officials of participating and coverage agencies;attend appropriate meetings,seminars,training
and webinars;administer or supervise any official task force webpage or social media presence;function as the official Task Force
i. spokesperson and media contact;ensure that required MVCPA reports are submitted by the program manager;monitor progress and
document accordingly;and delegate assignments to personnel as needed.The Commander will spend 100%of work hours on task
force and grant related activities or objectives.The position will be funded 100%with MVCPA funds.All fringe benefits will be cash
matched.Only actual figures will be submitted.Supervisor:The Task Force supervisor will hold the rank of Sergeant of the Beaumont
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Budget Narrative
Police Department and serve as the Program Manager;supervise task force investigators,monitor law enforcement activities in a front
line basis,schedule personnel,set goals,manage after hour callouts,review and assign offense reports;analyze intelligence for
trends or patterns;complete paperwork,organize special operations,including overt and covert activities as well as proactive
enforcement;assess risk;assign tasks and data collection reports to investigators;compile and draft activity summaries for periodic
reports;complete and submit MVCPA quarterly reports;assist investigators,and perform additional duties or assignments as directed
by the Program Director.The supervisor will dedicate 100%of work hours to task force duties or functions.The position will be shown
as an in-kind match based on actual figures.Beaumont Police Investigators(1-4):The BPD investigators will conduct Investigations of
auto-related cases as assigned,prepare and present completed cases to the District Attorney identify and develop suspects;recover
stolen vehicles and property associated with auto-related crimes;write,get approved and execute appropriate search warrants;assist
with other cases outside of Beaumont within the coverage area,as well as,assisting with any cases outside that area that will further
investigations for the task force,or with other auto theft task forces/agencies,that further the mission of reducing motor vehicle
crimes in the State of Texas.They will also make recommendations to the task force supervisor on special operations based on
intelligence and trends,liaison and convey intelligence to the appropriate agencies in and out of the coverage area,complete seizure
and auction paperwork,assist with special operations;Conduct 68(A)inspections,salvage yard and repair shop inspections;and
complete other duties and assignments assigned by the Program Manager or Program Director.Pursuant to Taskforce goals and
MVCPA expectations,as individually assigned,investigators will also develop and present crime prevention and awareness
presentations;conduct media interviews;disseminate public information on taskforce accomplishments or cases;upon approval by
Commander or Supervisor,issue official press releases to media or agency public relations;email suspect BOLO reports inter-
departmentally;attend relevant neighborhood association or community-led meetings;liaison with participating agencies;obtain and
maintain crime statistics for coverage areas;as appropriate,mall or email case update notices to crime victims;assist other task force
personnel with assigned duties including investigations,inspections,and back up;maintain all surveillance equipment and assist with
its use during investigations or covert operations;cooperate with probation and parole offices to stay informed of the statuses of known
auto crime recidivists;coordinate and conduct inspections of salvage dealers and repair shops within the scope of the taskforce
jurisdiction as priorities permit;monitor local auctions where insurance-totaled vehicles are sold;in conjunction with the Supervisor,
organize covert sting operations as needed to identify illegal activities by salvage dealers or repair shops;coordinate and conduct
VTR-68A inspections;complete seizure paperwork,organize seized property inventory,prepare seized property for auction,and work
closely with personnel who are associated with the process;and,complete other assignments as directed by the Supervisor or
Commander.All fringe benefits will be cash-matched.All BPD investigators will devote 100%of work hours toward auto-crime and
grant-related activities.Two(2)BPD salaries will be funded by MVCPA and two(2)will be an in-kind match.Only actual figures will be
submitted.
B.Fringe
Fringe:Fringe benefits include FICA,retirement withholding,and health insurance.City of Beaumont withholds FICA-Med at rate of
1.45%(except a Sgt.who was hired before April 1,1986).TMRS Retirement withholdings including agency contributions:City of
Beaumont(19.47%Rate).Total Fringe with health insurance varies per employee and may exceed the estimated amount of$36,000,
which represents a maximum approximate cash match of roughly 43%per taskforce participant.Only actual figures will be submitted.
C. Overtime
In most circumstances,task force personnel will flex hours to accommodate events or unexpected incidents that require an extended
period of work beyond what is scheduled.There are however occasions where overtime will be required and unavoidable due to the
complexity of an incident;the hour it originated;the inability to flex the time due to personnel already having met the 40-hour limitation
per week;or,stipulations of a Collective Bargaining Labor Contract.During the 2022-2024 grant,task force personnel were paid
$21,247.00 for overtime involving motor vehicle crime investigations,surveillance and direct grant related activities.Salaries have
risen and given the average of$11,000.00 per year in overtime,it could be reasonably forecast that there would be approximately the
same amount of overtime expended in the upcoming grant year.That would equate to approximately$2,500 per investigator I Program
Manager i Supervisor per year.
D.Professional and Contract Services
Professional and Contract Services:The Investigators(PAPD,JCSO)will lead investigations of auto-related cases as assigned by
each investigator's respective agency;prepare and present completed cases to the District Attorney;identify and develop suspects;
recover stolen vehicles and auto-crime property;prepare and execute applicable search warrants;complete seizure paperwork;make
recommendations to the Supervisor on special projects based on identifiable trends;forward information on suspects and trends to the
Supervisor;assist with special projects and operations;complete any data collection reports as assigned by Supervisor;assist with
68A inspections and inspections of salvage yards and repair shops when necessary;and,complete other duties or assignments as
directed.All contracted Task Force Officers will assist on auto-related cases and operations within coverage jurisdiction.JCSO and
PAPD salaries will be fully funded by MVCPA.Only actual figures will be submitted.Fringe benefits include FICA,retirement
withholding,and health insurance for all contributing agencies.Workers Compensation and TEC figures for Jefferson County and the
City of Port Arthur.Workers Comp and TEC are figured together for Jefferson County at 5%whereas The City of Port Arthur is at 5%
(WC)and 3.48%(TEC)respectively.FICA is withheld at a rate of 7.65%.Retirement withholdings including agency contributions are
taken at the following rates:Jefferson County(14.9%),City of Port Arthur(13.1%).Health insurance costs also vary between agencies.
Participating agencies are expected to submit only actual figures up to a maximum cash match up to$30,000 for PAPD and JCSO.
E.Travel
The Annual TAVTI Conference I Board Meeting($6000):Estimated price is$675 per week(5 nights)per room per person(6
attendees;one attendee has lodging paid for by TAVTI,due to a position on the TAVTI Executive Board,but does not include per diem;
5 rooms x$675=$3375).The estimate for per diem is based on the current GSA for Dallas at$70 per day per person($70 x 5 x 6=
$2100).The conference attendees would Include Task Force investigators,the supervisor and the commander,all of which are law
enforcement personnel and are funded by the grant,cash matched or in-kind matched.MVCPA Workshops/Board Meetings($1000):
Estimated price per night$200 per room.Estimating the budget for potentially three separate occasions.One room for 3 nights(3 x
200=$600).The current GSA(2023)per diem rate for Austin is estimated at$64 a day per person($64 x 3» 192).Attendees would
include the program manager or the program director,who are law enforcement personnel whose salaries are completely funded by
grant funds or in-kind match.Auto Theft Training($4500):Potential training for any newly assigned investigator(s)or other training
suitable for current task force members.Estimated price per night is$200 per room.One room for five nights(200 x 5=1000)and
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Budget Narrative
estimating for the possibility of three training opportunities(3 x 1000=$3000).Per Diem estimated at$64 per person(64 x 5 x 3
attendees=$960).Estimated training fees of$650.Attendees would indude any task force member in need of training who is either
funded directly by the grant,cash matched or an in-kind match of the grant.Only actual figures will be submitted if this line item is
used.Unplanned Investigative or Administrative Travel($1500):During the course of the grant year,unplanned meetings may be
scheduled or investigations lead out of town and become an unfunded expense,if needed,only law enforcement personnel listed on
the MVCPA grant will use these funds for purposes that have been approved prior to any travel.These purposes will be directly related
to fulfilling grant objectives or purposes.These funds are being designated to prevent budget adjustments for unexpected travel.Only
actual costs,if any,will be filed for reimbursement.MVCPA Grant Workshop/Training/Board Meeting/Grant Award($6,475):
Attendees will be law enforcement task force members and at least one Financial Officer that oversees the grant for the City of
Beaumont.Four attendees which are the Program Director,Program Manager and two task force investigators and at least one civilian
financial officer from the City of Beaumont that oversees the grant.Room price is estimated at$200 per night.($200 x 5 x 5=$5,000)
Per diem is estimated at$59 per person per day($59 x 5 x 5=$1,475).These are estimates,not allocations.Only actual costs will be
submitted for reimbursement.
F. Equipment
Task Force vehicle for Port Arthur Investigator.Current vehicle Is over 170,000 miles.
G.Supplies and Direct Operating Expenses(DOE)
Supplies and Direct Operating Expenses(DOE):Office Lease($55,000):The current lease is for two neighboring sections of the same
building,owned by the same lessor.One section(Suite C)is office space for investigators and a portion is garage space,which
houses a vehicle lift used for assistance in vehicle inspections and/or investigations.The other section(Suite D)is warehouse space
for storage of seized property pending court dispositions,recovered stolen property,task force vehicles,other task force property,such
as tools,equipment and other supplies.Based on the current lease,monthly payments are$4,407,with any potential increase capped
at$55,000 per year.Office Utilities($6,600):Electricity,natural gas and water utilities for the two adjacent suites(C and D)average is
approximately$550 per month for a total annual cost of$6,600.This is an estimate,not an allocation.Only actual costs will be
submitted for reimbursement.Office,Field and Operational Supplies($12,000):These funds are utilized to procure standard office
supplies such as printing paper,photo paper,digital storage media,toner,printer ink cartridges,materials for presentations,binding
services,ink pens,letterhead,business cards and other essential office supplies.This is also for field and operational supplies which
are needed such as paper towels,degreaser,paint stripper,paint,sandpaper,sanding blocks,acid restoration ingredients,hand
cleaner,OBDII readers,computer accessories,vehicle accessories,mechanical tools,grinding wheels,disposable gloves,Task Force
logo outerwear,digital graphics,website fees,signage,postage,shipping expenses,mechanical vehicle repair during travel,certified
scale fees and any other non-inventory supplies needed for task force operations or duties.This line item is intended as a readily
accessible fund for unexpected expenses to assist the task force without budget adjustments.These are estimates,not allocations.
Only actual costs will be submitted for reimbursement.Office Phone&Data Service($6,060)This expense is for the multiple business
lines(office phones and internet service)and a designated secure data line for city and county computers.The following are estimates
of average usages and are not allocations.Only actual expenses will be submitted for reimbursement.Bait and Tracking Air Time
($1,380):The Task Force bait vehicle system will require monthly GPRS communication.The Task Force also intends to operate a
web-based camera system and tracker that each require purchased air time.These are estimates,not allocations.Only actual costs
will be submitted for reimbursement.Cell Phone Service($3,480):Service cost based on reasonable monthly average allowance of
$40 per month.There are eight task force members,which would total$3,840 annually.These are estimates,not allocations.Only
actual costs will be submitted for reimbursement.Vehicle Lease 1 ($7,800)&Vehicle Lease 2($7,800 In-Kind):The vehicle lease is
calculated at$650 per month based on a local dealer estimate for a statewide leasing program to law enforcement agencies.The
Beaumont Police Department currently provides two lease vehicles for investigators as part of the Task Force fleet.Due to one being
previously budgeted by BPD years ago,its expense is listed as an in-kind match.The second one was acquired to replace an MVCPA-
purchased vehicle,so it will be submitted for reimbursement.Fuel,Maintenance,&Repair($47,250):Fuel costs are estimated based
an 14,000 miles per year,14 miles per gallon @$3,06 per gallon,totaling approximately$3,000 per vehicle per year.Oil changes and
other maintenance costs are estimated at$2,250 per vehicle per year to include expendables such as tires,brakes,shocks,or other
necessary repairs.Combining estimates result in an average cost of$5250 per year multiplied by nine(9)vehicles totaling$47,250.
Only actual costs will be submitted for reimbursement.TAVTI Conference Registration Fees($1200):Fees for up to six(6)taskforce
members to attend the annual conference.
Revenue
Indicate Source of Cash and In-Kind Matches for the proposed program.Click on links to go to match detail pages for entry of data.
Statistics to Support Grant Problem Statement .
Reported Cases 2021 2022
Fraud-Related Fraud-Related
Motor Vehicle Burglary from Motor Vehicle Motor Vehicle Burglary from Motor Vehicle
Theft Motor Vehicle Crime Theft Motor Vehicle Crime
Jurisdiction (MVT) (BMV) (FRMVC) (MVT) (BMV) (FRMVC)
Beaumont — 381 725 0 361 761 7
Port Arthur 154 194 0 115 232 0
Jefferson County 61 40�
0 44 62 0
Orange 47 59 0 46 48 0
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Reported Cases 2021 2022
Fraud-Related Fraud-Related
Motor Vehicle Burglary from Motor Vehicle Motor Vehicle Burglary from Motor Vehicle
Theft Motor Vehicle Crime Theft Motor Vehicle Crime
Jurisdiction (MVT) (BMV) (FRMVC) (MVT) (BMV) (FRMVC)
Orange County 63 0 0 80 0 0
Hardin County 58 44 0 37 29 0
Jasper 16 32 0 12 28 0
Jasper County 28 0 0 14 14 0
Lumberton 6 11 0 9 28 0
Groves 30 26 0 22 24 0
Nederland 26 39 0 32 51 0
Silsbee 13 0 0 5 8 0
Sour Lake r 2 2 0 2 1 0
Kountze 3 0 0 6 12 0
Port Neches 16 35 0 24 29 0
Lamar University 4 0 0 1 0 I 0
West Orange 11 0 0 5 0 0
Vidor 29 0 0 26 27 0
Pinehurst 6 0 0 5 0 0
Bridge City 8 20 0 10 10 0
Application Narrative
j Grant Introduction(Executive Summary)and General Information
1.1 Briefly describe the organization and program operation.Provide a high level summary to the application and how it will affect the
local community.(500 words or less)
The Southeast Texas Auto Theft Task Force has provided a multi-agency,multi jurisdictional effort to reduce motor vehicle crimes
within Jefferson,Orange,Hardin,and Jasper Counties since 1993. The Task Force is staffed by sworn personnel from Beaumont
Police Department,Port Arthur Police Department and the Jefferson County Sheriff's Office. The Southeast Auto Theft Task Force
has and will continue to combat the Incidence of motor vehicle crimes and make an impact on the communities In the project area by,
developing suspects through the use of intelligence gathering from case intake and law enforcement,information received and/or
solicited from the community,analyzing crime patterns and trends and acting on the intelligence gathered. The actions include,but
are not limited to,surveillance,covert operations,Internet sources,other law enforcement agencies, Crime Stoppers program,use of
the media,salvage and repair business Inspections and VTR68(A)inspections. The goal as always is to reduce the occurrence of
( motor vehicle crimes in the project area by identifying and arresting the actors in these crimes,as well as recovering stolen property.
The Task Force will also work with the Judicial system to see that the cases presented,are thoroughly investigated and offenders are
prosecuted to the fullest extent possible.Crime prevention awareness and education presentations and involvement in the community
through other law enforcement events and programs,will be utilized in order to promote the message of preventing and reducing
motor vehicle crimes to the citizens of our communities.
These efforts have and will continue to have an impact on the citizens and businesses in the project area,by reducing the incidence
of motor vehicle crimes,ensuring thorough Investigation and prosecution of offenders,educating the citizens on how to reduce the
chances of being a victim and continuing relationships with the law enforcement agencies In and out of the coverage area,allowing
our communities to have a safe and more secure quality of life.
. 1.2 Describe the taskforce governing,organization and command structures.Include a description of the nature of support and
agreements that will be in place If the grant is awarded.Provide any details unique to the taskforce organization or geographical
target area.Describe whether any part of this grant will be directed to serve a specific target population(or subset of the community)?
The Southeast Texas Auto Theft Task Force is a part of the Beaumont Police Department Criminal Investigations Division. There Is a
Captain of the Division,with Lieutenants over the units in the Division. The Auto Theft Task Force has a Lieutenant over the unit,that
is also designated as the Commander/Program Director. The Lieutenant is responsible for oversight of all aspects of the Auto Theft
( Task Force and the grant. The Task Force Commander has a Sergeant that is designated as the Supervisor/Program Manager. The
Sergeant is responsible for case assignments,monthly reports,quarterly progress reports and all other daily/weekly/monthly
supervisory duties pertaining to case investigations,proposed activities or operations which further the grant goals and ensure that
they are met.Investigators are responsible for case Investigations and all other duties that are assigned. There are four investigators
from the Beaumont Police Department,one investigator from the Jefferson County Sheriff`s Department and one investigator from the
Pori Arthur Police Department.
There will be interlocai agreements In place with each of the four counties Included in the coverage area,as well as the participating
sub-grantee Departments,Jefferson County Sheriffs Department and Port Arthur Police Department. There will also be letters of
agreement with the District Attorney's of each county in the coverage area.
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The four-county project area is comprised of numerous communities and according to the most recent US Census estimate(2020)the
counties have a combined population of approximately 430,000,with nearly 60%residing in Jefferson County. The four-county project
area is located in the southeast corner of the stale, with a combined area of 2,361 square miles. There are 20 law enforcement
agencies In the coverage area. The major roadways which bisect the coverage area are as follows:Interstate 10 goes directly through
Orange and Jefferson Counties,and is the major southern coast to coast interstate highway In the United States.Highway 90 Is also
a major highway which cuts through the center of the City of Beaumont east to west.State Highway 105 also comes through
Beaumont from the northwest.Highway 69/98/287 Is the major north south highway coming directly through Jasper and Hardin
counties into Beaumont and Port Arthur. There Is also Highway 73,which runs south closer to the coast of the Gulf of Mexico. The
Port of Beaumont,the port of Port Arthur and the Port of Orange are also In the coverage area. The Coverage area is bounded by the
Gulf of Mexico to the south and the Neches and Sabine Rivers to the East and abuts the Louisiana state line in Orange County.
Beaumont is the largest city along Interstate 10 between Houston and Baton Rouge,LA. There are over 100,000 vehicles per day that
pass through the city limits of Beaumont on Interstate 10.(TXDOT TTP Web ViewerAADT)
TXDOT reported there were over 390,000 vehicles registered within our four-county coverage area in 2021.More than half of these
vehicles are in Jefferson County, which Is primarily urban and suburban areas. There were 962 auto thefts reported in the four-county
project area for 2021 and 856 auto thefts reported for 2022.(Numbers obtained from Texas DPS Crime in Texas On-Line)
The entire population of the coverage area will be served by the task force. The amount of service will be dictated by the need for
assistance from agencies in the coverage area,investigations that lead to different specific areas and on the rise or fall in the
frequency of motor vehicle crimes in that specific community or geographic area.
Grant Problem Statement
2.1 Provide an assessment of the burglary from a motor vehicle(Including theft of parts)problem in the coverage area of this application.
Include loss data consistent with the reported incident numbers above.
There were more than 2600 auto burglaries reported In the coverage area during 2021-2022. This coupled with the tremendous
increase in catalytic converter thefts equates to a huge financial loss for the citizens of the coverage area.Just in the City Limits of
Beaumont,there were over 350 catalytic converter thefts in 2022,averaging out to just under one theft per day for everyday of the
calendar year. There was a slight reduction in auto burglaries for the entire project area in 2022,however,catalytic converter thefts
were up for the same time period. The auto burglary trends that have been noted in the past still remain the same.Unlocked car
doors are the vast majority of the auto burglaries reported and firearms as well as cash,electronics,purses,backpacks and credit
cards are all higher priority targets.Between January 1st and April 25th,just in the City of Beaumont,there were 271 auto burglaries
reported and 58 firearms were reported stolen from those Incidents. That means more than twenty percent of the auto burglaries
reported thus far in 2023,Involved the theft of a firearm.Only 10 of the auto burglaries reported where firearms were taken Involved
forced entry. That means more than 85%of all firearms taken In auto burglaries were taken from unlocked vehicles.
Predatory theft from vehicles has remained steady,though It is down somewhat from years past. There was an evolution here from
only targeting victims leaving banks. Offenders began targeting outdoor exercise parking lots,such as parks,Hike and Bike trails and
gym parking lots during the Covid-19 pandemic. These Incidents targeted mainly,purses,wallets,and cash,as well as other
valuables. The offenders use the same method,watching potential victims park,then walling to see if a wallet or purse was hidden
while they observed.The offenders would then either walk over and look In the vehicle,or drive over and park next to the victims
vehicle and use the vehicles as concealment. Once the vehicle was entered,generally by breaking the glass,the actors would take
the property and leave the area.If there were credit cards,the actors would go to nearby stores and make fraudulent purchases.
Many times the victim would receive notifications on their phones of the transactions,while they were still exercising. Task Force
investigators collaborate with the Beaumont Police Department Fraud Unit in these investigations in an effort to identify these actors.
Juveniles continue to be a pervasive problem, working in groups and"Car-Hopping"through parking lots and neighborhoods. These
juvenile offenders are responsible for a large amount of the firearm thefts and as stated In the past,difficult to Identify and very rarely
serve any time in a correctional facility.
The Southeast Texas Auto Theft Task Force works diligently with the Juvenile Division of the Beaumont Police Department and has
had good success by collaborating on the juvenile crime Issue,pertaining to the motor vehicle crime problem in the area. This,
however is an on-going Issue which is perpetuated every year with new offenders and repeat offenders as they become adults.
2.2 Provide an assessment of the motor vehicle theft problem In the coverage area of this application.Include loss data consistent with
the reported incident numbers above.
The Southeast Texas Auto Theft Task Force coverage area did experience a slight reduction in Motor Vehicle Theft between 2021 and
2022. There were 937 Motor Vehicle Thefts reported in the coverage area in 2021 and 856 were reported in 2022. This is
approximately an 11%reduction in reported Motor Vehicle Thefts.The reduction In part,can be attributed to a large scale
investigation that the task force conducted,targeting a prolific criminal organization. This included the theft of over 50 heavy duty
trucks and involved a white supremacy criminal gang.Most of these thefts were older model trucks and the steering column was
broken to facilitate the theft. This Investigation resulted In a Federal case being filed and the US Attorneys Office and the FBI are still
pursuing the case in an investigatory capacity.Some jurisdictions in the coverage area did see a slight increase,mostly in the smaller
jurisdictions,involving juvenile gangs that were stealing vehicles and going to the smaller cities in the coverage area. The offenders
would then steal other vehicles and use them to commit mass/serial auto burglaries,auto thefts and other crimes.Many of these
juvenile actors were identified and apprehended with the assistance of the task force and collaboration with the other agencies in the
coverage area.Kia and Hyundai thefts also figure in to some of the motor vehicle theft Increases. This also Is a crime committed
almost exclusively by juvenile offenders. These types of Motor Vehicle Thefts are usually committed and successful without the
vehicle key. The majority of the other thefts reported am with keys,or proximity key FOB's left in the vehicle.Juveniles and juvenile
gangs are still a factor and have required task force personnel to maintain a constant Intelligence exchange with the juvenile division
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of the Beaumont Police Department, in order to target and identify these juvenile actors. The Southeast Texas Auto Theft Task force
has worked extensively with the Jefferson County DA's Office as well as the other Counties DA's Offices and has made headway in
getting cases that have been presented,accepted by the DA's in the Coverage area. The real Issue is getting sentencing
commensurate with the crimes.Convictions on good cases are occurring,the length of the terms of confinement are not increasing
overall, creating the "In-and Out'for offenders of Motor Vehicle Crimes.The same holds true in the Juvenile system.
2.3 Provide an assessment of the fraud-related motor vehicle crime problem in the coverage area of this application.Include loss data
consistent with the reported incident numbers above.
The Southeast Texas Auto Theft Task Force has not noticed an uptick in Fraud Related Motor Vehicle Crimes over the past years.
There were some title frauds,some insurance frauds and VIN frauds(Clones from out of the area). The 2022 grant year showed only
seven fraud cases investigated by the task force. This number has already been surpassed in the 2023 grant year. The most recent
cases involved"Cloned"vehicles from outside the coverage area. These types of cases seem to be on the rise and involve vehicles
from the Houston area as well. The dealerships in the coverage area have mainly dealt with"Key FOB Swaps'; and rarely have any
fraudulent purchases,though a few have occurred. With the increase of intemet sales from dealerships,remarkably,this area has
seen very few cases arise from these sales. Title frauds have been minimal and almost all of the cases in the past have been vehicles
purchased in Houston and brought to the Beaumont area to be registered, where it was discovered that the title was in fact fraudulent.
2.4 Provide an assessment of motor vehicle crime not covered above Ike Insurance fraud,preventing stolen vehicles from entering
•Mexico,bridge/port stolen vehicle export crime,disruption of cartels and organized criminal enterprises related to motor vehicle crime,
etc...
The Port of Beaumont has its own Police Department as well as the Jefferson County Marine Unit and the U.S. Coast Guard, which
patrols the Port of Beaumont and the Neches and Sabine Rivers. These rivers are the inlets from the Gulf of Mexico which actually
puts the Port of Beaumont,42 miles inland and is still a deep water Port. The Port of Beaumont is also served by three rail carriers,
BNSF, Kansas City Southern and Union Pacific. The Port of Beaumont is primarily a bulk cargo port,meaning very few if any vehicles
go through the port for transport. The vehicles that do go through the port are almost exclusively U.S. Military vehicles. The Port of
Beaumont is one of the main ports in the nation used for Military equipment transportation due to Its location on the Gulf of Mexico
and it is the Headquarters for the U.S.Army's 842nd Transportation Battalion, which specializes In port logistics. The Southeast Texas
Auto Theft task Force has a working relationship with the Port Police and are rarely,if ever,called upon by them in regard to a vehicle
of interest. This is due to the type of cargo that enters and exits the port.
Grant Goals and Activities
There are two parts to this section:1)Functions of Proposed Program and 2)Goals Strategies and Activities(GSA).In the following
boxes,describe the functions of the proposed program and then complete a tillable form called GSA.
MVCPA programs must completely describe the actions,methods and tactics that law enforcement and civilian staff will perform for each
of the categories below.Describe the reliance on technology or other program elements to solve the problem statement above and goals
below.Functions must be detailed and consistent with the requested budget.if a grant Is awarded,funds expended towards activities not
described in this section will result In the reimbursement being denied.
Part 1
3.1 Functions of the proposed program related to burglary from a motor vehicle(including theft of parts)
The Southeast Texas Auto Theft Task Force will utilize multiple Strategies, Goals and Activities to reduce the incidence of Burglary of
a Motor Vehicle and Theft From a Motor Vehicle in a comprehensive program to confront and reduce the problem.
Strategy:Reduce the incidence of Burglary of a Motor Vehicle and Theft From a Vehicle/Catalytic Converter Theft
Goals:-Identify and Target Offenders and Prolific Offenders-Collect intelligence-Collaborate with Law Enforcement Agencies and
other Organizations-Community Crime Prevention Campaign
Activities:Identify and target Offenders and Prolific Offenders:Offenders in motor vehicle burglary and theft from a motor vehicle will
be identified through offense reports,intelligence gained from arrests,informants,other law enforcement agencies,surveillance
observations,bait vehicle operations,repair shop inspections,salvage yard Inspections,metal recycler inspections,as well as parts
resale location inspections. The Beaumont Police Department Crime Analyst Is also used to a degree to determine patterns or trends
in these offenses. The offenders will be the target of investigations based on the method of the crime,types of vehicles burglarized,
property taken,geographical location of the crimes and any information or evidence pointing to or linking them to the crime(s). Covert
operations will be used to target burglary of a motor vehicle offenders,such as, buys of stolen property from auto burglaries and
predatory theft("jugger")bail operations,to Identify and determine if there is an organized criminal enterprise Involved.Catalytic
Converter Theft presents a more involved and difficult plan in addressing this crime. There are numerous individuals working alone
and organized criminal rings,committing these thefts. There are no real patterns to follow,such as general time frames,as they occur
at ail times of the day;geographical areas are unlimited and random;when the crime is committed,the actors are generally not
visible,as they are under a vehicle. The property taken is not traceable and may be sold in other states. Therefore,Intelligence
collection and collaboration with other law enforcement agencies,in and out of the coverage area will be essential.Developing
relationships with privately owned businesses,in and out of the coverage area,that deal in catalytic converter sales or purchases,will
be needed in order to obtain information or intelligence on potential or confirmed actors In these thefts. That type of networking is
already in place and work is being done to expand those contacts.
Collaboration with other law enforcement agencies and other organizations:Collaboration with law enforcement agencies in and out
of the project area and other MVCPA State Task Forces to determine crime trends,patterns,suspected offenders and recover stolen
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property,through intelligence sharing. This includes information or intelligence involving juvenile offenders.Assist other agencies with
auto crime cases,which involve Burglary of a Motor Vehicle or Theft of Property or Parts from a Motor Vehicle. This collaboration will
be necessary in determining if the crimes are being committed by an organized ring,if it is one individual or a crime of opportunity.
The collaboration would include the District Attorney's Offices in the jurisdictions affected,in order to help them understand the scope
and importance of the crime(s)and provide any additional information that might be needed to properly prosecute the offender(s)for
maximum result.
Community Crime Prevention and Awareness is a component of the overall program.Information and instruction for the public is
important to aid in the prevention of even one auto related crime. The Task Force will continue the efforts to educate the public in as
many forums as are available;Neighborhood Association Meetings, Civic Organizations,Citizens Police Academy,Media interviews,
Police/Community Events,and Public Service Announcements through the Beaumont Police Department,along with Social Media.
The focus will be education on how not to become a victim.Making sure there are no firearms left in vehicles, no valuables lett in
vehicles,no keys or persona!Identification left in vehicles and locking vehicles.
3.2 Functions of the proposed program related to motor vehicle theft.
The Southeast Texas Auto Theft Task Force will employ multiple Strategies, Goals and Activities to reduce the incidence of Motor
Vehicle Theft in a comprehensive program to confront and reduce the problem.
Strategy:Reduce the Incidence of Motor Vehicle Theft
Goals:-Identify and Target Offenders and Prolific Offenders-Collect intelligence-Collaborate with Law Enforcement Agencies and
other Organizations-Community Crime Prevention Campaign
Activities:Identity and target Offenders and Prolific Offenders:Offenders involved in motor vehicle theft will be identified through
intelligence gained from offense reports,arrests,informants,other law enforcement agencies,surveillance observations,bait vehicle
operations,use of the LPR system,repair shop inspections,used car dealership Inspections,salvage yard inspections,metal recycler
inspections,as well as parts resale location inspections. The Beaumont Police Department Crime Analyst is also used to a degree to
determine patterns or trends in these offenses. The offenders would be the target of investigations based on the method of the crime,
types of vehicles stolen,other property taken,geographical location of the crimes and any information or evidence pointing to or
linking them to the crime(s). The utilization of covert operations,such as surveillance of offenders and buys of stolen vehicles and/or
parts to determine the origin and assist in the identification of other offenders or chop shops.
Collaborate with other law enforcement agencies and other organizations:Collaborate with law enforcement agencies in and out of
the project area,to determine crime trends,patterns,suspected offenders and recover stolen vehicles and other property,through
Intelligence sharing,Including juvenile offenders.Assist other agencies with auto crime cases,which involve Theft of a Motor Vehicle,
or Theft of Component Parts from a Motor Vehicle. This collaboration will be necessary in determining if the crimes are being
committed by an organized ring,if it is one individual,or a crime of opportunity. The collaboration would include the District Attorney's
Offices in the jurisdictions affected,in order to help them understand the scope and importance of the cdme(s),and provide any
additional information that might be needed to properly prosecute the offender(s)for maximum result The collaboration would also
include working with other MVCPA State Task forces,N1CB and insurance companies on insurance fraud cases,cargo thefts,and
cloned or altered vehicles. it would also entail working with the Texas Department of Motor Vehicles and local lax offices on fraudulent
titles,and conducting 68A inspections,to determine if vehicles are stolen.
Community Crime Prevention and Awareness Is a component of the overall program.Information and instruction for the public is
important to aid in the prevention of even one auto related crime. The Task Force will continue the efforts to educate the public in as
many forums as are available;Neighborhood Association Meetings, Civic Organizations, Citizens Police Academy,Media Interviews,
Police/Community Events,and Public Service Announcements through the Beaumont Police Department,along with Social Media.
The focus will be education on how not to become a victim.Making sure that citizens are informed and hopefully practice,taking the
keys out of their vehicles,do not leave their vehicles running unattended,lock their vehicles and don't leave important personal
identification and/or vehicle titles in the vehicle. This would include not buying vehicles without a title.
3.3 Functions of the proposed program related to fraud-related motor vehicle crime(such as title and registration fraud)
Southeast Texas Auto Theft Task Force will identify and Target Offenders and Prolific Offenders involved in Fraud Related Motor
}} Vehicle Crimes.These actors will be identified through Intelligence gained from arrests,informants,other Law Enforcement Agencies
and Anonymous Tips with corroboration of the Information received. The Task Force will utilize LPR's and data-mining to Develop and
Identify Offenders,as well as,68(A)inspections and NICE.
The Offenders will be Targets of investigations based on the Method of the crime,types of Vehicles stolen,where the vehicle is
recovered and any information pointing to or linking the offender(s)to the crime(s). The Task Force will utilize covert operations to
target offenders of these crimes,to include buying stolen vehicles using the Internet,using undercover operatives to target Fraud-
Related Motor Vehicle Theft offenders. The objective of these investigations will be to Identify,arrest and charge the actors,as well as
determining if there is a criminal nexus to any organized criminal enterprises,which would broaden the investigations to reveal as
many offenders as possible. The use of legally obtained search warrants for places,things,phones,phone records and other data
bases will be employed to thoroughly investigate the cases,as well as tracking orders and other surveillance techniques as needed.
The Southeast Texas Auto Theft Task Force will Collaborate with Law Enforcement Agencies both in and out of the Project area,
Other MVCPA State Task Forces, Tax Offices, TXDMV,NlCB and Insurance Companies to ascertain crime trends,patterns,
suspected offenders,recover stolen vehicles,property and share intelligence.The collaboration will include assisting other law
enforcement agencies with Motor Vehicle Thefts.By doing so essential intelligence and information can be used to determine if the
crimes are being committed by individual or an Organized Criminal Network. The Task Force will also collaborate with District
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Attorney's Offices in the affected jurisdictions to help them understand the scope and importance of the crime(s)and provide
additional information or expertise that would aid in the effective prosecution of the offender to provide a positive outcome for the
victims,the community,the State of Texas and insurance companies as well.
The Southeast Texas Auto Theft Task Force will also conduct Law Enforcement and Community Education Awareness Presentations/
Classes. The purpose of the presentations for Law Enforcement would be to increase their knowledge and awareness of Fraud-
Related motor vehicle crime information,pertaining to trends in fraudulent titles,Registration Fraud,Insurance Fraud, Odometer
Fraud,Vin Fraud and identity Fraud Sales. The information presented to Law Enforcement officers will deal directly with detection and
prevention of Fraud-Related Motor Vehicle Crimes. This would also allow officers to relay Information to citizens personally and further
educate the community about methods to avoid becoming a victim of a Fraud-Related Motor Vehicle Crime.
The Southeast Texas Auto Theft Task force has established a good working relationship and rapport with the community that we have
served over that last 30 years. The Community Presentations would be used to strengthen that relationship and establish new
contacts. Updated,relevant information pertaining to steps citizens can take to avoid becoming a victim of a fraud-related motor
vehicle crime,would be presented in an effort to educate the community. This education would help reduce incidences of this type of
crime. Things such as,always get a title and look closely at the title when purchasing vehicles from individuals and even dealerships.
Also,if the deal looks too good to be live,it usually is. Other things would pertain to how the purchase,such as an Internet sale,
should be handled to avoid not just fraud,but bodily harm.Driving to pick-up an interned purchase with a large quantity of cash at a
location of the sellers choosing is always a very bad idea. The task force would strive to stress the importance of safety and legality to
avoid becoming a victim.
3.4 Functions of the proposed program related to preventing motor vehicle crime(motor vehicle theft,burglary from a motor vehicle and
fraud-related motor vehicle crime)
The Southeast Texas Auto Theft Task Force will continue to reach out to the communities in the project area in an effort to increase
the awareness and educate the public on the various types of motor vehicle crimes. The focus will remain,as It has bean in the past,
to Instruct citizens in ways to avoid becoming a victim.
Motor Vehicle Theft
The public will be educated in the manners in which a vehicle can be stolen,without giving away instructions on how to steal a
vehicle.Leaving keys or FOB's in vehicles,leaving a vehicle running and unattended,loaning a vehicle and owning a vehicle that is
prone to,or easily stolen,are all methods for theft of a vehicle.Keys left In vehicles are the highest percentage of Motor Vehicle
Thefts and reiterating this point to the public is a priority.Making sure all keys are accounted for and not leaving a spare in the vehicle.
Taking the keys out of the vehicle every lime it is left and making sure it is locked.Leaving a vehicle running to warm it up,or cool it
off,unattended;Leaving a vehicle running at the store unattended,or leaving the keys laying around in a public place where others
have access to them will also be stressed. Vehicles that are prone to being stolen,such as older model trucks,where the steering
column can be broken and the vehicle will start.ideas for steering wheel immobilizing bars could be used,such as the old school
"Club".Newer model vehicles such as Kia and Hyundai's can also use a"Club",but more importantly,there ere now updates for these
vehicles that will prevent easy thefts,which many in the public are not aware of.•Presentations to citizens will be conducted in
numerous forums,such as using the local media interviews,social media,Neighborhood Association Meetings, Civic group meetings,
Church group meetings,Cops and Kids events and Public Service Announcements.
Burglary of a Motor Vehicle
The public will educated on the importance of taking valuables, especially firearms,out of the vehicle,leaving nothing in view from the
outside of the vehicle,locking the vehicle and taking the keys. The public will receive instruction on personal safety as well. When
parking a vehicle,paying attention to the surroundings,parking in well lit or visible areas.Ensuring that when they arrive,they thought
ahead and hid or removed any items of value that are not going with them.Predators will wait in parking lots at the mail,gym,grocery
store,hike and bike trails,parks,soccer fields,gas pumps or any other place to watch for a victim to hide their purse,laptop,or other
items of value after arriving and walk away. The Predator now knows exactly what was hidden and where. When leaving a financial
institution victims often walk out with envelopes in their hand. These predators are watching and will follow these victims to their first
stop and as soon as the victim walks away,the offenders will strike and take the money that the victim just received.Paying attention
to the surroundings,especially when leaving or arriving to a destination will be stressed.Presentations to citizens will be conducted in
numerous forums,such as using the local media interviews,social media,Neighborhood Association Meetings, Civic group meetings,
Church group meetings,Cops and Kids events and Public Service Announcements.
(( Fraud Related Motor Vehicle Crimes
Updated,relevant information pertaining to steps citizens can take to avoid becoming a victim of a fraud-related motor vehicle crime,
would be presented in an effort to educate the community. This education would help reduce incidences of this type of crime. Things
such as,always get a title and look closely at the title when purchasing vehicles from individuals and even dealerships.Also,if the
deal looks too good to be true,it usually is.Other things would pertain to how the purchase,such as an Internet sale,should be
handled to avoid not just fraud,but bodily harm.Driving to pick-up an Internet purchase with a large quantity of cash at a location of
the sellers choosing is always a very bad idea. The task force would strive to stress the importance of safety and legality to avoid
becoming a victim. Presentations to citizens will be conducted in numerous forums,such as using the local media for interviews,
I social media,Neighborhood Association Meetings, Civic group meetings,Church group meetings, Cops and Kids events and Public
Service Announcements.
3.5 Functions of the proposed program for other motor vehicle crimes investigations and activities consistent with the statutory
requirements(preventing stolen vehicles from entering Mexico,stopping illegal export of stolen vehicle from bridge/outbound port
operations,disruption of cartel or organized criminal enterprises using stolen motor vehicles or fraud related motor vehicle crime,
Insurance fraud,etc...)
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The Port of Beaumont has its own Police Department as well as the Jefferson County Marine Unit and the U.S. Coast Guard,which
patrols the Port of Beaumont and the Neches and Sabine Rivers. These rivers are the inlets from the Gulf of Mexico which actually
puts the Port of Beaumont,42 miles Inland and Is still a deep water Port. The Port of Beaumont is also served by three rail carriers,
BNSF,Kansas City Southern and Union Pacific. The Port of Beaumont is primarily a bulk cargo port,moaning very few if any vehicles
go through the port for transport. The vehicles that do go through the port are almost exclusively U.S.Military vehicles. The Port of
Beaumont is one of the main ports in the nation used for Military equipment transportation due to its location on the Gulf of Mexico
and it is the Headquarters for the U.S.Army's 842nd Transportation Battalion,which specializes in port logistics. The Southeast Texas
Auto Theft task Force has a working relationship with the Port Police and are rarely,if ever,called upon by them in regard to a vehicle
of interest. This Is due to the type of cargo that enters and exits the port.
3.8 Collaboration Effort—Describe the taskforce method to collaborate,and not duplicate existing activities.Describe the cross
boundaries regional approach to grant activity implementation.Describe how the applicant staff and jurisdiction will coordinate with
other taskforces and law enforcement agencies to implement this program.
The Southeast Texas Auto Theft Task Force,for the last 30 years,has established long-running working relationships with all of the
law enforcement agencies in the coverage area,as well as taskforces and multiple other law enforcement agencies in the State of
Texas,as well as the Federal Justice system. The reputation of the Southeast Texas Auto Theft Task Force is one of dedication,
expertise and willingness to help throughout the region,state and even other states.Intelligence sharing and assistance to outside
agencies,both in and out of the Project area has created and strengthened these relationships and friendships. The Southeast Texas
Auto Theft Task Force has always set the bar high and prioritized the relationships,which are reciprocal. The task force continues to
strive to be the best and most reliable task force for assistance and expertise in any type of motor vehicle crime,by constantly striving
to be informed of the latest and most accurate motor vehicle crime trends,
This expertise extends beyond law enforcement to Judicial agencies as well. The relationships with the four county coverage area
District Attomey's Offices are goad and cooperation is the"norm"on both sides. These collaborations have involved numerous cases
of organized criminal activity as Well as individuals and these relationships continue and grow stronger.
The Task Force will also collaborate with numerous other state agencies,such as TXDMV,DPS,tax offices and other task forces
throughout the state. These collaborations will include 68(A)inspections, title frauds at tax offices, 7XDMV field offices and
registration issues and crimes that will arise from those agencies. Communication and intelligence sharing with law enforcement and
multiple points of contact within the task force,enable the task force to work with other task forces other law enforcement and civilian
services related to working on motor vehicle crimes. This communication ensures that duplication of tasks is kept to a minimum.
3.7 If the proposed application requests any exceptions or deviation from any general grant rules,RFA conditions or grant administrative
policy,please Indicate in the section below.Indicate the section of the specific issue and citation that you are asking the MVCPA to
consider and the rational for the request.
N/A
Part II
Goals,Strategies,and Activities
Select Goals,Strategies,and Activity Targets for the proposed program.
Click on the link above and select the method by which statutory measures will be collected.Law Enforcement programs must also
estimate targets for the MVCPA predetermined activities.The MVCPA board has determined that grants programs must document
specific activities that are appropriate under each of the three goals.Applicants are allowed to write a limited number of user defined
activities.
ID Activity_. Measure Target
Statutory Motor Vehicle Theft Measures Required for all Grantees.
1.1.15 Increase the recovery rate of stolen motor Report the number of vehicles recovered by taskforce
vehicles
1,1.16 Increase the clearance rate of MVTs Report the number of MVT cases cleared
1.1.17 increase the number of persons arrested Report the number of persons arrested for motor vehicle theft by taskforce
for motor vehicle theft
Statutory Burglary of a Motor Vehicle Measures Required for all Grantees
2.1.12 Increase the clearance rate of motor Report the number of BMV including parts cases cleared
vehicle burglaries
2.1.13 Increase the number of persons arrested Report the number of persons arrested for burglary by taskforce
for motor vehicle burglary
Statutory Fraud-Related Motor Vehicle Crime Measures Required for all Grantees
8.1.1 increase the clearance rate of fraud-related Report the number of fraud-related motor vehicle cases cleared
motor vehicle crime cases.
8.1.2 increase the number of persons arrested Report the number of persons arrested for fraud-related motor vehicle crimes
for fraud-related motor vehicle crimes.
Measures for Grantees.Add Target values for those that you will measure.
1 Goal 1:Reduce the incidence of Motor Vehicle Theft through Enforcement Strategies
1.1 Strategy 1:Conduct Activities that Result In the Arrest,Clearance,and Recoveries of Motor Vehicle Theft
1.1.1 Identify groups of auto theft offenders Number of MVT groups identified. include gangs,cartels or other criminal 15
through intelligence gathering,crime enterprise with two or more members
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ID Activity Measure Target
analysis and the use of informants
1.1.2 Identify and document/record prolific MVT Number identified/documented offenders 15
offenders[Prolific is defined as"linked to
MVT offenses three or more times")
1.1.5 Conduct inspections of local businesses Number of businesses inspected 40
related to vehicle enterprise(transportation
code or occupation code authorized
companies such as salvage yard,repair
shop,parts recycling center,used car
dealership,salvage rebuilder,title service
company,other).(see 1.3.3 to report the
number of vehicles inspected in these
businesses)
1.1.6 Conduct bait vehicle operations that target Number of bait vehicle deployments.Include BMV bait operations here. 12
MVT offenders
1.1.8 Deploy license plate readers(LPR) Number of times LPR deployed.Deploy:if stationary unit then total number of
days or partial days unit was operable and on.Mobile unit number of days the
unit was on and operable.
1.1.9 Respond to taskforce license plate reader Number of times investigators responded to taskforce LPR alert notifications
(LPR)alert notifications regardless of whether vehicle was located
1.1.12 Conduct covert operations targeting MVT Number of covert operations 2
offenders
1.1.13 Conduct warrant"round-up"operations Number of warrant round-up operations performed for MVT, BMV and
targeting motor vehicle crime offenders, FRMVC.
including people wanted for MVTs,motor
vehicle burglaries,theft of vehicle parts and
motor vehicle fraud related crime.
1.1.20 Number of Altered Vehicles Recovered Report the total number of vehicles recovered with altered Vehicle
Identification Number.Note: Please remember that a vehicle recovered must
be reported in 1.1.15
1.2 Strategy 2:Conduct Collaborative Efforts that Result in Reduction of Incidents of Motor Vehicle Theft
1.2.1 Provide Agency Assists for MVT and motor Number of agency assists related to MVT.Assist means responding or 100
vehicle related fraud answering questions via phone,e-mail,or in person.Providing
recommendation,guidance,strategy,support or information that other
LEOs will use to resolve their cases.The assist generally does not have
the direct responsibility for an Investigation nor uses LEO authority.The
assist helps another LEO or agency investigate cases.Analysts and
civilian employees will record their assists to outside LEOs and
agencies met here along with officers.
1.2.2 Collaborate with other units or divisions Number of times collaborated within departments or SOs participating in 100
(i.e.homicide,vice,narcotics,etc.)within taskforce related to MVT.Collaboration means physically using law
the taskforce departments)where a enforcement resources,tactics and authority to perform activity on cases that
motor vehicle was used in the commission draw upon or aid in the investigation intended to further the resolution of any
of the crime(includes identification of case,identify parties to crime,identify vehicles,interview witnesses/suspects
vehicles).Include all participating and apprehend suspects.Collaboration will include any help,
jurisdiction departments here. recommendation,contribution or support requested from or provided to
another unit or offered by the taskforce that aids in the furtherance of motor
vehicle theft investigations.
1.2.3 Collaborate with all other outside LE Number of times collaborated with coverage area agencies or other law 100
agencies and other organizations that enforcement agencies and organizations that assist in the reduction of MVT.
assist in the reduction of MVTs.Include all Collaboration means physically using law enforcement resources,tactics and
coverage jurisdictions here. authority to perform activity on cases that draw upon or aid in the
investigation Intended to further the resolution of any case,identify parties to
crime,identify vehicles,interview witnesses/suspects and apprehend
suspects.Collaboration will include any help,recommendation,contribution
or support requested from or provided to another unit or offered by the
taskforce that aids in the furtherance of MVTtheft investigations.
1.2.5 Conduct intelligence information-sharing Number of intelligence meetings attended(Include attending as presenter, 30
(Personal attendance) participant or attendee)
1.2.6 Conduct intelligence information-sharing Crime analysis bulletins disseminated(include information distributed to 30
(Written information) law enforcement agencies via text,a-mall,or intra-net communications)
1.2.7 Collaborate with other MVCPA taskforces Number of times collaborated with other MVCPA taskforces that assist in the f0
reduction in MVT,BMV and FRMVC.
1.3 Strategy 3:Prevent and Reduce the Incidence of Fraud-Related Motor Vehicle Activities
1.3.1 Collaborate with agencies relating to Number of collaborations 10
investigation and enforcement of vehicle
insurance fraud and FRMVC
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ID Activity Measure Target
1.3.2 Conduct confidential 68(A)inspections(for Number of vehicles inspected to complete a TxDMV 68A inspection form per 500
TxDMV assignment or reassignment of VIN TxDMV(VIN assignment,reassignment,bonded title)
required by Tx Trans.Code§501.032)
1.3.3 Conduct VIN verification Inspections.(All Number of vehicles inspected by taskforce to identify the vehicles not 5(1
other reasons except bridge or port) reported in confidential(68A)or bridge and port sections.
1.3.4 Coordinate with TxDMV/Tax Offices relating Number of collaborations with TxDMV HQ,TxDMV Regional Service Centers 15
to investigation and enforcement of or County Tax Assessor Collector offices.
fraudulent titles and registration of stolen
vehicles
2 Goal 2:Reduce the Incidence of Theft from Motor Vehicles through Enforcement Strategies
2.1 Strategy 1:Conduct Activities that Result in the Arrest,Clearance,and Recoveries of Burglary of Motor Vehicles and
Theft of Vehicle Parts and Accessories
2.1.1 Conduct bait vehicle operations that target Number of bait vehicle burglary deployments 12
vehicle burglary offenders
2.1.2 identify"prolific BMV offender?through Number of offenders identified 20
informants and intelligence[Prolific is
defined as"linked to BMV and theft of
vehicle parts and accessories offenses
three or more times"]
2.2 Strategy 2: Conduct Collaborative Efforts that Result in the Reduction of Incidents of Theft From a Motor Vehicle
2.2.1 Provide Agency Assists BMV. Number of agency assists related to BMV or stolen parts.Assist means 75
responding or answering questions via phone,e-mail,or in person.
Providing recommendation,guidance,strategy,support or Information
that other LEOs will use to resolve their cases.The assist generally
does not have the direct responsibility for an Investigation nor uses
LEO authority.The assist helps another LEO or agency investigate
cases.Analysts and civilian employees will record their assists to
outside LEOs and agencies met here along with officers.
2.2.2 Collaborate with other units or divisions Number of times collaborated within departments or SOs participating in 50
within the taskforce department(s)(i.e. taskforce related to BMV or stolen parts.Collaboration means physically
homicide,vice,narcotics,etc.)where theft using law enforcement resources,tactics and authority to perform activity on
of parts occurred in the commission of the cases that draw upon or aid in the investigation intended to further the
crime(includes identification of vehicle). resolution of any case,identify parties to crime,Identify vehicles,interview
Include all participating Jurisdiction witnesses/suspects and apprehend suspects.Collaboration will include any
departments here. help,recommendation,contribution or support requested from or provided to
another unit or offered by the taskforce that aids in the furtherance of BMV
theft investigations.
2.2.3 Collaborate with all other outside LE Number of times collaborated with coverage area agencies or other law /00
agencies and other organizations where enforcement agencies and organizations that assist in the reduction of BMV
theft of parts occurred in the commission of or stolen parts.Collaboration means physically using law enforcement
the crime(Includes identification of resources,tactics and authority to perform activity on cases that draw upon or
vehicle).Include all coverage Jurisdictions aid in the investigation intended to further the resolution of any case,identify
here. parties to crime,identify vehicles,interview witnesses/suspects and
apprehend suspects.Collaboration will include any help,recommendation,
contribution or support requested from or provided to another unit or offered
by the taskforce that aids in the furtherance of motor vehicle theft
investigations.
3 Goal 3:Educate/Train Citizens and Qualified Personnel in Detection and Prevention of Motor Vehicle Theft,Burglary of
Motor Vehicles and Theft of Vehicle Parts and Accessories
3.1 Strategy 1:Conduct Public Awareness Related Activities Used to Educate Citizens
3.1.1 Conduct educational outreach events Number of outreaches 2
(include trade show,exhibits,booths at
community events,vehicle displays,
brochures,etc.)
3.1.2 Conduct educational presentations to the Number of presentations.Presentation means in person,on-line,original 10
public written document,article,or webpage.
3.1.4 Conduct vehicle identification Number of etching events.Include windows,component parts,VIN stamps
initiative/event and catalytic converters.
3.1.4.1 Conduct vehicle identification Number of Participants/Attendees(Vehicles Marked)
initiative/event
3.1.5 Purchase advertisements in local outlets Number of advertisements purchased or provided complimentary for
taskforce. Include all types of media purchased or provided free(social.tv,
utility inserts,billboards,transportation,etc.).Describe in 6.1.1.
3.1.6 Conduct vehicle report card initiatives. Number report cards issued 100
3.1.7 Utilize social media outlets(Facebook, Number of postings in social media outlets 30
Twitter,instagram,etc.)
( https://mvcpa.tamu,edu/Application/1"FGPrintApplication.asp?AppID=2208, 13/14
4/27/23,1:39 PM MVCPA Taskforce Grant Application
ID Activity Measure Target
3.1.8 Deploy outdoor public notification signage Number of deployments per month(if sign remains several months,count as
1 deployment per month)
3.1.10 Conduct media outreach,Including,public Number of outreaches 10
service announcements,press releases,
and interviews
3.2 Strategy 2:Conduct Law Enforcement Training Activities to Educate Officers on Recognition and Apprehension of
Stolen Vehicles and Property
3.2.1 Conduct law enforcement training(TCOLE) Number of classes provided for TCOLE credit
3.2.3 Conduct vehicle crimes presentations to Number of classes or presentations.Presentations may include electronic roll 10
law enforcement agencies(non TCOLE) call documents,shift BOLOs and other written or presented materials based
on local practices.
Grant Evaluation
4.1 Describe the local method and/or practice used to collect the data for reporting Goals,Strategies,and Activities and to evaluate the
grant program effectiveness.Describe management and staff participation.Include descriptions of systems(forms and software)that
will be used to ensure reliable and accurate data is collected and reported.Describe any other evaluation methods used in the
applicant agency to determine effectiveness or cost efficiency of the program.
The local evaluation process establishes accountability and measurement of progress through collection of data and information
throughout the chain of command.Investigators are required to keep activity logs and submit monthly reports to the Program
Manager. The Task Force Supervisor reviews cases and monitors the activities of Investigators. The Program Director oversees the
entire operation,including the field supervisor, and maintains records of activity and spending. The Program Director works closely
with the Beaumont CFO's grant coordinator and reports as necessary to the department heads of the participating agencies to
discuss progress and/or problems.
NIBRS data for all agencies within the project area will be closely monitored to determine the overall impact of Task Force efforts.
Personal activity logs and specific reports will be maintained to log progress on stated objectives. These Include information detailing
such things as the number of bait operations,inspections and public awareness initiatives performed. They will also record other
items like arrests made, cases filed, vehicles recovered,properties seized NADA and other values of the property,as well as the
dispositions of the property upon completion of the cases.
Progress of the program will be evaluated monthly. Each investigator will complete a monthly report based on MVCPA reporting
categories and the specific strategies,activities and goals of this grant.Each report will be accompanied by documentation supporting
the information given. The Project Manager will then compile that information into the quarterly Progress Reports that are forwarded
to MVCPA.All other MVCPA required reporting will be completed by the Program Manager.
4.2 Provide any other suggested measures that would better reflect the law enforcement or prevention work that the proposed program
will perform.If the suggested measure fits into one of the stated goals above please indicate.
N/A
TxGMS Standard Assurances by Local Governments
El We acknowledge reviewing the TxGMS Standard Assurances by Local Governments as promulgated by the Texas Comptroller of
Public Accounts and agree to abide by the terms stated therein.
Certifications
The certifying official is the authorized official,Kenneth Williams,City Manager.
By submitting this application I certify that I have been designated by my jurisdiction as the authorized official to accept the terms and
conditions of the grant.The statements herein are true,complete,and accurate to the best of my knowledge.I am aware that any false,
fictitious,or fraudulent statements or claims may subject me to criminal,civil,or administrative penalties.
By submitting this application I certify that my jurisdiction agrees to comply with all terms and conditions if the grant is awarded and
accepted.I further certify that my jurisdiction will comply with all applicable state and federal laws,rules and regulations in the application,
acceptance,administration and operation of this grant.
https://nivcpa.tamu.edu/Application/TFGPrintApplication.asp?AppID=220& 14/14
c
BEAUMONT
TEXAS
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Emily Wheeler, Director of Event Services & Chief Marketing
Officer
MEETING DATE: May 9, 2023
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
apply for grant funding from Hancock Whitney Charitable Trust
for the purchase of a large format video screen and projector for
the Jefferson Theatre.
BACKGROUND
The City of Beaumont Event Services Department is requesting approval to apply for a grant in
the amount of$150,000 from the Hancock Whitney Charitable Trust to purchase a new large
format video screen and projector for the historic Jefferson Theatre in Downtown Beaumont.
Since 2014,the City of Beaumont has hosted weekly Classic Movie Nights at the Jefferson
Theatre, welcoming tens of thousands of guests annually to view films like It's a Wonderful Life
and Ferris Bueller's Day Off,to Cinderella and Top Gun. In that time, the theatre has become,
once again, a place for Southeast Texans and beyond to create lasting memories with their
families and friends as was its original purpose when it was built in 1927. In addition to Classic
Movie Nights, entertainers from across the country grace the stage throughout the year to delight
crowds with music, comedy, dancing and more. Local groups fill the theatre for talent shows,
dance recitals, weddings, and birthday parties.
While the theatre has been beautifully preserved and maintained, its video screen and projector
need to be replaced with the latest technology to keep up with the frequent use of the theatre and
current video formatting. The project includes the purchase, installation, and training for a
modern cinema grade 4k projection system with accompanying DCP playback equipment, audio
processing, and a full width stage screen.
FUNDING SOURCE
Grant,with no match.
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
apply for and accept grant funds in the amount of$150,000.00 from the Hancock Whitney
Charitable Trust for the purchase of a large format video screen and projector for the
Jefferson Theater.
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 May,
2023.
- Mayor Robin Mouton -
IF
D
BEAUMONT
TEXAS
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Chris Boone,Assistant City Manager, Community Services
MEETING DATE: May 9, 2023
REQUESTED ACTION: Council consider a resolution to support applications for a State
Historical Designation,placement on the National Register of
Historic Places and installing markers on City property at The
Temple to the Brave.
BACKGROUND
The Pipkin Park Honor Guard, along with the Jefferson County Historical Commission are
seeking support of applications for a State Historical Designation,placing The Temple to the
Brave on the National Register of Historic Places and installing the markers at the Temple in
Pipkin Park, located at 1350 Pennsylvania. The City owns the park where the Temple sits where
markers would be placed aside the temple,providing a history of the structure built by the
Daughters of the American Revolution in 1931.
The Daughters of the American Revolution("DAR")had the temple constructed with funds raised
to celebrate the ending of World War I. The temple serves as a museum and is open by
appointment only,or on patriotic holidays at no cost to the public.The temple houses display cases
featuring items from American-involved wars, donated by veterans and their families. Dedicated
on October 18, 1932 the temple serves as a reminder to all of the sacrifices made by the men and
women of our country.The site already houses a Texas Historical Marker for Jean Baptiste(Jonas)
Chaison and has since 1976 when the Jirou cemetery was closed, and the DAR placed it at the
temple.
At a Public Hearing held on May 8, 2023, the Historic Landmark Commission reviewed the
request to support the application for a State Historical Designation, placement on the National
Register of Historic Places and placement of the markers.
FUNDING SOURCE
None required
RECOMMENDATION
Approval of the resolution.
LEGAL DESCRIPTION FOR RESOLUTION PURPOSES
Being the northeast property at the intersection on Pennsylvania and Emmett Avenue, also known
as Pipkin Park.
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 support an application
for a State Historical Designation, for placement on the National Register of Historic
Places, and for the installation markers on City property at The Temple to the Brave.
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 May,
2023.
- Mayor Robin Mouton -
1
III II Ili III ,II II*
ThePipkinPatk PipltIn Park Honor Guard
'*' 1320 Pennsylvania Ave
litter Guard Beaumont,TX 77701
IL NIA ckntyz06@p►ail.cont
Texas Historical Commission
National Register Coordinator
P.O.Box 12276
Austin,TX 78711-2276
January 24,2023
Dear National Register Coordinator:
The Pipkin Park Honor Guard writes to you today to request consideration of the Temple to the Brave for
the National Register of Historic Places.
World War 1 was thought to be the war to end all wars by many residents of Beaumont,Texas and the
country.To celebrate the ending of World War 1,the Colonel George Moffett Chapter of the National
Society of the Daughters of the American Revolution"DAR"rallied the community to donate towards the
creation of a temple.Despite it being the time of"The Great Depression,"there was a fervor of Patriotism
among the citizens and they donated enough funds to construct the Temple in 1931.Since its opening and
to this clay,the Temple serves as a War Museum which is open to the public on Patriotic Holidays or by
appointment and includes war memorabilia.
Please find included:
• Current Photographs(pages 1-4)
• Significant Dates(page 5)
• Historical Overview(page 6)
• Current and Historical Maps and Plans(page 7)
• Historic Photographs(page 8)
We appreciate your consideration and look forward to working with you to pursue this listing for our site.
Sincerely,
Chad Myzell
Coordinator,Pipkin Park Honor Guard
409.267.1821
ckmvz06(t;mail.com
"Exhibit A"
Current Photographs
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Above: Southeast side of the Temple To The Brave with DAR Stone
Below: Jean Baptiste Chaison Texas Historic plaque, 1976
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Left: Northwest side of the Temple To The Brave
Right: Memorial on Northwest side of the Temple To The Brave
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Right: Northeast Interior of the Temple To The Brave
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Left: Southeast Stained Glass Window of the Temple To The Brave
Right:Northwest Stained Glass Window of the Temple To The Brave
Significant Dates
The property where the Temple To The Brave is located was purchased in 1919 by the City of Beaumont
to be used as a city park.The park was named"Steve Pipkin Park"in honor of prominent citizen
"Stephen Walker Pipkin"in 1920 who had been instrumental in the purchase of the land for the park. In
2003,city management suggested that Pipkin Park be sold along with other small parks with low usage •
but the idea was rejected by City Council.In 2007 the park was renamed to"Pipkin Patriots Park"at the
request of the DAR.In 2019,a District Boy Scout Honor Guard was formed and was named"The Pipkin
Park Honor Guard"using the park's namesake as a tribute to the location that is the home of the Temple
'lb The Brave.
A Revolutionary Soldier Jean Baptist Chaison was buried in the Jirou Cemetery where the DAR placed a
memorial stone in 1944.In 1969,the stone was relocated to the Southeast side of the temple by the DAR
after it was removed from the cemetery due to construction of a church.In 1976,a Texas Historical
Marker honoring Chaison was placed near the stone of the temple.
Eagle Scout Ezeuiel Uribe who is the grandson of the Temple's curator Dennis White,constructed a stone
Veterans Memorial in 2020 to memorialize all wars which is placed on the Northwest side of the Temple.
The Daughters of the American Revolution Colonel George Moffett Chapter desired to build a temple to
memorialize World War I and obtained a city permit to construct the Temple in 1931.Construction began
in the same year and the Temple was dedicated in 1932 on the date of British General Cornwallis
surrender to George Washington.In 1974,plexiglass was placed over broken windows.hi 2003,the DAR
placed a marker on the Temple identifying it as a DAR Historical Monument.In 2007,the DAR
coordinated a repair campaign in which windows were repaired,walls replastered and HVAC added.In
that same year,the Temple was rededicated on its 75th anniversary.
•
IF
Historical Overview
The Temple To The Brave was and is still today a tribute to the military service members who are fighting s •
or who have fought for our freedom and to the desire for peace in the world.As wars become forgotten
and time marches forward,the Temple serves as a reminder to us all to remember the past."Those who
cannot remember the past are condemned to repeat it,"The significance of the Temple To The Brave is
demonstrated both by the physical building itself and the contents within it.
The historic Temple To The Brave with its stained glass windows,vaulted ceiling and stone exterior
showcases exceptional craftsmanship and design.
The Temple To The Brave is a rare tangible reminder of wars that came before us and demonstrates what
can be done when we work together.Businesses donated a majority of the materials for the cause and
organizations such as the DAR itself,Women's Clubs,American Legion and Boy Scouts of America
along with private citizens came together to make the initiative a reality.
The long-term goal of the Pipkin Park Honor Guard is to ensure the Temple remains relevant,adequately
supported and visible by the public.As a Property on the National Historic Registry,the Temple can be
eligible for meeting a requirement of the American Heritage Merit Badge and subsequently causing more
Youth to visit the Temple and learn about our war history.
•
E 1
Current and Historic Maps and Plans
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Left: lllap showing the location of the Temple To The Brave in the State of Texas
Right: flap showing the location of the Temple To The Brave in Beaumont
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• Above: Map showing the Temple To The Brave in the 1930s
Historic Photographs
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Left: Temple To The Brave, 1939
Right: Temple To The Brave, 1970s
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Left: Temple To The Brave, 1982
Right: Temple To The Brave, 2003
1
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1
E
BEAUMONT
TEXAS
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Keith Folsom, Facilities Maintenance Director
MEETING DATE: May 9, 2023
REQUESTED ACTION: Council consider a resolution approving the proposal submitted by
Preferred Facilities Group - USA to replace the roof membrane at
the Art Museum of Southeast Texas located at 500 Main Street.
BACKGROUND
Pricing was obtained from Preferred Facilities Group—USA utilizing Buy Board Texas Contract
#581-19. The Buy Board Texas Contract provides municipalities with the means to purchase
construction services at competitive prices contracted under the procurement statues of the State of
Texas. The proposed scope of work shall consist of installing one layer of Dens Deck®material
and one layer of 80 mil fleece back single-ply Durolast PVC roofing material over the existing roof
system. The new roof system will be warranted for a period of 20 years from the date of
installation. The cost to install the new roof system will be $284,300.97 plus $7,107.52 for the
cost of performance and payment bonds for a total project cost of$291,408.49. Funds are
available in the Capital Reserve fund.
The need for the replacement of the roof membrane material resulted from severe damage caused
by the hailstorm that took place on the night of April 15, 2023. The hail created multiple cuts in
the existing roof membrane therefore allowing water to infiltrate the museum areas causing
interior damage to ceilings, walls, and some artifacts in the facility. This project is necessary to
protect the integrity of the facility and protect the tenants' artifacts housed in the facility. Staff
have filed a claim with the City's insurance carrier.
The existing roof material on the Art Museum of Southeast Texas was installed in 2004 therefore
the current roof system is 19 years old.
Due to the immediate need to replace the roof membrane, staff is recommending approval for the
City Manager to enter into an Agreement with Preferred Facilities Group—USA.
FUNDING SOURCE
Capital Reserve
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
WHEREAS, the roof membrane at the Art Museum of Southeast Texas was
severely damaged after a hail storm on April 15, 2023; and,
WHEREAS, pricing was obtained utilizing the Buy Board Texas Contract#581-19
for the replacement of the roof membrane at the Art Museum of Southeast Texas located
at 500 Main Street; and,
WHEREAS, Preferred Facilities Group- USA submitted a proposal of$291,408.49
for the replacement of the roof membrane at the Art Museum of Southeast Texas; and,
WHEREAS, City Council is of the opinion that the proposal submitted by Preferred
Facilities Group- USA, of Beaumont, Texas, in the amount of $291,408.49 should be
accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are
hereby, in all things, approved, and adopted; and,
THAT the City Manager be and he is hereby authorized to accept the proposal in
the amount of $291,408.49 from Preferred Facilities Group — USA of Beaumont, Texas
for the replacement of the roof membrane at the Art Museum of Southeast 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 9th day of May,
2023.
- Mayor Robin Mouton -
PREFERRED
FACILITIES GROUP — USA
April 28,2023
Mailing Address:
PO Box 20650 Keith Folsom
Beaumont, TX 77720- City of Beaumont
0658 801 Maln
Beaumont,TX 77701
(409)042-8293
GI (:109)842 2274 Project: "Art Museum Roof Replacement"
pfgEll pig-usa.r.om
pig-usa.com
Subject: "Proposal"
.101.E Order Contracting Dear Mr.Folsom,
Co-lip PurchasingWe are pleased to submit our proposal utilizing our 581-19 Buy Board Texas
Aureernentc Contract based on local CCI and coefficient of.89.
Proposal Recap:
Indefinite Delivery,
Indefinite Quantity-I010 Recovery over Existing Roof System with 80 mil Fleece-back fully adhered system
over%-inch dens deck mechanically attached.
Multiple Award
Construction Contracts- o Install''/:Inch dens deck or secure rock over entire roof surface.
MACC Mechanically attach with three-Inch disc and no.14 heavy-duty fasteners
to Texas windstorm code for perimeter edge,corner and field fastening
TaskOrder Contracts pattern.
TOC o Install 80mil Fleece back fully adhered with Durolast CR20 water-based
adhesive applied to dens deck. Roll membrane into wet adhesive and roll
over entire surface for proper adhesion. Weld all overlap seams.
Construction o Install new pre-molded pipe boot, Welded to roof surface. Install stainless
Management-Agent or banding clamp and sealant.
At•frisk 0 Install new pitch pans out of PVC clad metal,welded to roof surface. Fill
pitch pan with pitch pan filler.
Design Build o Install wall flashing at all wall locations fully adhered up wall. Install
termination bar with fasteners every six Inches.Caulk top of bar and
reinstall copper cover plate.
Government o Install new drain flashing or Durolast retrofit,welded to roof with
f compression rings,
Commercial o Box vent Install curb flashing up and over to Inside vent and reinstall curb
at top and Install fasteners.
Install two-piece copper flashing around all perimeter edge. Fasten cleat
Education and Install copper Snap-
On fascia.
o Provide a 20-year warranty from the manufacturer.
industrial °
Proposal Cost $284,300.97
Infrastructure Bond $ 7.107.52
Total Cost $291,408.49
communications We estimate approximately thirty (30) working days to complete upon material
delivery. (2-4 Weeks)We explicitly exclude all liquidated damages for this project
Corporate/Retail due to the volltivity of the market and supply chain challenges.
Our estimate is based on our Interpretation of the project as presented to us. Our
Assembly scope Is limited to the Ilne Items broken down Into individual tasks of work and
Southeast Texas Deep Cast Texas Central Texas Texas Gulf Coast . -
"Exhibit A"
- :
'!� 1 PREFERRED
1 cam .,
FACILITIES GROUP - USA
developed based upon the Unit Price Book rate as modified by the city cost
Mailing Address: adjustment and our Coefficient. All pricing for the required line-Item estimate is
PO Box 20658 derived from the current calendar year RSMeans Facilities Construction Cost Data
Beaumont, TX 77720-
0650 Book with Updates.
® (409)842-8293 Once the quantities of work and price are approved,the individual Job Order
(409)842-2274 becomes a fixed-price lump sum contract.
pfg(Jpfg-usa.com
pig-usa.corn Thls pricing is based on recommended work hours of Monday thru Friday 7:00 am
to 5:00 pm. Please contact us at 409-842-8293 at your convenience to discuss
Job OrderContracting this estimate.
Respectfully submitted,
Co-Op Purchasing Preferred Facilities Group-USA
Agreements
--
Indefinite Delivery,
Indefinite Quantity-IDIQ Michael Waldley
Division Manager
Multiple Award cc: PFG/file
Construction Contracts- 23•0084
MACC
Task Order Contracts
TOC
•
Construction
Management-Agent or
At-Risk
Design Build
Government
Commercial
Education
Industrial
Infrastructure
Comnurnlcations
Corporate/Retail
Assembly
Southeast Texas Deep East Texas Central Texas Texas Gulf Coast 011,1141141
`=0 OFFICIAL USE Ott_`:'
//! Preliminary Estimate, by estimates
Michael Waidley
l� Preferred Facilities Group-USA
PREFERRED 581-19-2019 BuyBoard 581-19 JOC(RSMeans) -2022 Renewal-4/01/2022 to
FACILITIES GROUP-USA 3/31/2023
City of Beaumont Art Museum Roof Replacement-23-0084
Estimator: Michael Waidley Roofing
Division Summary(MF04)
01-General Requirements 529.700.00 26-Electrical
02-Existing Conditions 5850.00 27-Communications
03-Concrete 28-Electronic Safety and Security
04-Masonry 31-Earthwork
05-Metals 32-Exterior Improvements
06-Wood,Plastics,and Composites 33-Utilities
07-Thermal and Moisture Protection S309.512.23 34-Transportation
08-Openings 35-Waterway and Marine Transportation
09-Finishes 41-Material Processing and Handling Equipment
10-Specialties 44-Pollution Control Equipment
11-Equipment 46-Water and Wastewater Equipment
12-Furnishings 48-Electric Power Generation
13-Special Construction Priced O&P 55.944.49
14-Conveying Equipment Trades
21 -Fire Suppression Assemblies
22-Plumbing_ $18,650.00 FMR
23-Heating,Ventilating,and Air-Conditioning(HVAC) MF04 Total(Without totalling components) 5364,656.72
25-Integrated Automation
Totalling Components
Priced Line Items S364,656.72 2019 BuyBoard 581-19 SETEX Texas Normal (-11.0000%) S(35.138.32)
RSMeans BEAUMONT.TX CCI 202301,87.60% S(45.217.43)
Material,Labor,and Equipment Totals(No Totalling Components)
Material: 5223,830,17
Labor: 5122,531,58
Equipment 518,294.87
Other: 50.00
Laborhours: 1,480.69
Green Line Items:0 $0.00
Grand Total $284,300.97
Printed 1 MAY 2023 7:48AM v2.645 Page 1 of 3 City of Beaumont Art Museum Roof Replacement-23-0084
FOR OFFICIAL USE Q l
Preliminary Estimate, by estimates
Estimator: Michael Waidtey Roofing
Item Description UM Quantity Unit Cost Total Book
01 -General Requirements
I 01-54-16-50-0100 Forklift crew,ail-terrain forklift,45'lift,35'reach,9000 lb.capacity,weekly use Week 4.0000 $7,425.00 529,700.00 RSPia3PAC
L.E. OSP
01 -General Requirements Total $29,700.00
02-Existing Conditions
2 02-41-19-19-0840 Selective demolition,rubbish handling,dumpster,40 C.Y.,10 ton capacity, Week 1.0000 S850.00 S850.00 RSM23FAC
weekly rental,includes one dump per week,cost to be added to demolition cost v, 0.0...
02-Existing Conditions Total S850.00
07-Thermal and Moisture Protection
3 07-22-16-10-0810 Roof deck insulation,gypsum cover board,fiberglass mat faced,1/2"thick, S.F. 34,600.0000 $1.55 $53,475.00'ISM23FAC
fastening excluded M,r, OOP
30000'1.15=34,500.00
4 07-22-16-10-3020 Roof deck insulation,fastening alternatives,coated screws,6" Ea. 25,875.0000 $0.62 $16,042.50 RSM23FAC
M,L. OW
30000/32"24'1.15=25,875.00
5 07-22-16-10-3075 Roof deck insulation,fastening alternatives,3"galvanized deck plates Ea. 25,875.0000 50.35 69,056.26 RSMZSPAC
M,L. OW
30000/52-241.15=25,875.00
6 07-54-16-10-0180 Ketone ethylene ester roofing,accessories,pipe boot Ea. 10.0000 S49.00 $490.00 RSM23FAC
M.L. 08P
7 07-54-19-10-8890 Polyvinyl-chloride roofing,(PVC),heat welded seams,reinforced,0.40 psf,fully Sq. 429.0000 5375.00 5160,875.00 Rsh's:FAc
adhered with adhesive,60 mils Kt.,E. oaP
300'1.30'1.10=429.00
8 07-65-10-10-2500 Sheet metal flashing,copper,flexible,under 1,000 ibs,32 ounce sheets, S.F. 1,638.3594 $37.50 $61,438.48 RSNZi 3-AC
including up to 4 bends m.1., oaW
(56+56+56+56+140+140{60-1-60+60+60+170+170+170+170)'1.1505333=1,638.36
9 07-65-19-10-8060 Plastic sheet flashing,polyvinyl chloride tape,for joint covers,100 LF per roll,5" Ea. 25.0000 5165.00 $4,125.00 RSM23FAC
x 45 mils M. OSP
10 07-71-16-20-0100 Pitch pockets,adjustable,welded corners,4"to 7",4"deep Ea. 10.0000 S65.50 $655.00 RSM23'AC
M.L. ca,P
11 07-92-19-10-0030 Joint sealants,caulking and sealants.acoustical sealants,elastomeric, L.F. 1,100.0000 $3,05 $3,355.00 RSM23FAC
cartridges,1/4"x 1/2",in place M.L. OW
07-Thermal and Moisture Protection Total $309,512.23
22-Plumbing
12 22-14-26-13-4360 Drain,roof,integral expansion joint,cast iron body,12"cast iron dome,6"pipe Ea. 10,0000 51,325.00 513,250,00 RSM23FAC
r4,L, oaP
size
FOR OFFTCs.+0:= USE ONLY
Printed 1 MAY 2023 7:48AM v2.645 Page 2 of 3 City of Beaumont Art Museum Roof Replacement-23-0084
FOROFF
F USE ONLY
Preliminary Estirriate, by estimates
Estimator: Michael Waidley Rooting
22-Plumbing
Item Description Ilil(Y Quantity Unit Cost Total Book
13 22-14-26-13-4380-4440 Drain,roof,integral expansion joint,cast iron body,12"cast iron dome,for Ea. 10.0000 S540.00 S5,400.00 RsMtzsFnc
galvanized body,add(Modified using 22-14-26-13-4440) M, c8P
22-Plumbing Total $18,650.00
Priced O&P
14 07-65-10-10-2500 Demo-Street metal flashing,copper,flexible,under 1,000 fbs,32 ounce sheets, S,F. 1,637.6000 S3.63 $5,944.49 CUSTOM
including up to 4 bends L. 0.P
Labor Adjustment 50%of$7.25=$3.63
Using O&P Pricing
Bare Costs:(M:S27.50 L:$4.14 E: 0:100.00 LH:0.080)
O&P Labor Colo=O&P Total-(Bare Mfateriaf+10.000%)-(Bare Equipment+10.000%)
$37,50-$3025-$0.00=$7.25
Labor w/CC1=$725.100,000%_$7.25
(56+56+56+56+140+140+60+60+5O+60+170+170+170+170)'1.15=1,637.60
Priced O&P Total 55,944.49
Estimate Grand Total 284,300.97
�irr.
r C:Frt:.fi:IL US`- ONLY
Printed 1 MAY 2023 7:48AM v2.645 Page 3 of 3 oily of Beaumont Art Museum Roof Replacement-23-0084
F
BEAUMONT
TEXAS
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Bart Bartkowiak, Director of Public Works
MEETING DATE: May 9, 2023
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
accept maintenance and authorize final payment to TRP
Construction Group, LLC., for the Citywide Pavement Markings
Phase II Project.
BACKGROUND
On January 24, 2023, by Resolution No. 23-021, City Council awarded a contract to TRP
Construction Group, LLC., of Fort Worth, in the amount of$699,671.52, for the Citywide
Pavement Markings Phase II Project. The contract removed and replaced the pavement
markings on Calder Avenue,Eleventh Street, Folsom Drive, Highland Avenue, Irving Avenue,
Lavaca Street, Madison Avenue (including a portion of Sycamore Street), Manion Drive, and
Sarah Street.
Previous Change Order No. 1, in the amount of($765.00), is attached for your review.
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. Acceptance of maintenance
and final payment in the amount of$151,385.01 is recommended.
FUNDING SOURCE
Capital Program—Street Rehabilitation Program.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
WHEREAS, on January 24, 2023, the City Council of the City of Beaumont, Texas
passed Resolution No. 23-021 awarding a contract in the amount of$699,671.52 to TRP
Construction Group, LLC., of Fort Worth, Texas, for Citywide Pavement Markings Phase
II Project; and,
WHEREAS, Change Order No. 1, in the amount of ($765.00), decreased the total
contract price to $698,906.52; 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 Citywide Pavement Markings Phase II Project be and the same is hereby
} accepted; and,
BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to
make final payment in the amount of $151,385.01 to TRP Construction Group, LLC, of
Fort Worth, 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 9th day of May,
2023.
- Mayor Robin Mouton -
t'.
RESOLUTION NO. 23-021
BE,IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
WHEREAS, on November 15, 2022, by Resolution 22-309, City Council awarded
a contract to Barricades Unlimited, of Lubbock, Texas, in the amount of $699,671.52,
for the Citywide Pavement markings Phase II Project; and,
WHEREAS, effective December 29, 2022, Barricades Unlimited, formally
Crabtree Barricade Systems, Inc., officially became part of TRP Construction Group,
LLC., of Fort Worth, Texas, and has submitted all paperwork and documentation
required for them to contractually take on the responsibility of the remaining work for
this project; and,
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are
hereby, in all things, approved and adopted; and,
THAT the City Council hereby approves the assignment of a contract TRP
is
Construction Group, LLC., of Fort Worth, Texas, in the amount of $699,671.52, for the
Citywide Pavement markings Phase II Project; and,
THAT due to the Notice to Proceed date approaching after the purchase of •
Barricades Unlimited, of Lubbock, Texas, there is no payment due to Barricades
Unlimited, of Lubbock, Texas for the project,
kt
"Exhibit A"
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a contract with TRP Construction Group, LLC., of Fort Worth,
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 24th day of
January, 2023. + L
ter '' 411+ 47,tit�
Mayor Robin Mouton
fa
'C.UN.91lPe Tt 1
fi
Contract - 001.001
03-May-2023 10:14 AM CST
Citywide Pavement Markings Phase II
801 Main Street Beaumont,Texas 77701
Project Number:PW1023-01
001.001: Change Order No: 1
Grand Total: $-765.00
For 001 Citywide Pavement Markings Phase II
Division 00000
Line Item Unit price
Type
Group 3.0 Construction
Scope of Contractor responsible for paying 17 hours of City Inspector overtime for work done on Saturday 02/04/2023 and Saturday 02/1812023.
Work
Notes
Awarded To TRP Construction Group LLC
Cody Crabtree
29065
Reason Quantity Adjustment
Code
Days 0
Changed
Attachments
i
j
Change Order Summary
Original Contract Sum 699,671,52 Substantial Completion Date
• Net Cost by Previous Approved COs 0.00 Net Time Change By Previous COs 0 days
Contract Sum Before This CO 699,671.52 Substantial Completion before This CO
•
Contract Sum Changed By This CO -765.00 Time Changed By This CO 0 days
New Contract Sum 698,906.52 New Substantial Completion Date
Al!Change Orders make up-0.11%of the Original Contract
•
Linked PCO
PCO Type PCO Number PCO Description Total Approved Cost Total Approved Days
Contractor Requested 001.001 PCO:Citywide Pavement Markings Phase II 0.00 0
Accounting and Status
Accounting Status
Item Id 357
PO Number 432573 FEMA Number
Accounting Project Code Custom Accounting Field 04
Custom Accounting Field 05 Custom Accounting Field 06
Custom Accounting Field 07 Custom Accounting Field 08
Line Items
Item# Account Code WSW Section Description Quantity UoM Unit Price Total Amount
3.0 Construction
9000 01000 Inspector Overtime -17.00 HR 45.00 -765.00
Total -765.00
Grand Total:-765.00
Approval Approved
Due:30-Mar-2023
Name or Role Status Actions
1 External-GC Approved
Cody Crabtree
02-Mar-2023 12:51 PM CST
2 Project Manager Approved
Colby Anderson
02-Mar-2023 03:00 PM CST
3 City Engineer Approved
Amalie"Molly"Villarreal
03-Mar-2023 03:49 PM CST
4 Director Approved
Bail Bartkowiak
06-Mar-2023 04:03 PM CST
5 Admin Approved
Crystal Garza
07-Mar-2023 07:32 AM CST
6 June Ellis Approved
City of Beaumont June Ellis
22-Mar-2023 04:40 PM CST
7 City Clerk Approved
Tina Broussard
23-Mar-2023 09:44 AM CST
Created by:Colby Anderson on 01-Mar-2023 Last Modified by:Tina Broussard on 23-Mar-2023
G
BEAUMONT
TEXAS
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: May 9, 2023
REQUESTED ACTION: Council consider a resolution approving a contract with Roberts
Havoline Xpress, of Beaumont to provide preventive maintenance
for City vehicles.
BACKGROUND
Bids were requested for an annual contract to provide preventive maintenance services such as
oil changes,tire checks, fluid checks and grease checks. Specifications allow for a one-year
contract with the option of two renewals of a one-year term at the same pricing as the awarded
contract. Preventative maintenance services provided in this contract will cover approximately
five hundred twenty (520) City vehicles.
Bids were requested from thirty-eight(38) vendors with three responses. Roberts Havoline
Xpress of Beaumont, submitted the lowest qualified bid with an estimated annual cost of
$144,284.67. This pricing reflects an increase of approximately 15%. Lawe Industries and 57
Express both submitted a non-responsive bid. Bid tab is attached.
FUNDING SOURCE
Fleet Fund.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
WHEREAS, bids were solicited for an annual contract with the option of two (2)
renewals of twelve (12) month terms at the same pricing as the awarded contract to
provide maintenance for City vehicles; and,
WHEREAS, Roberts Havoline Xpress, of Beaumont, Texas submitted a bid in the
amount of $144,284.67; and,
WHEREAS, City Council is of the opinion that the bid submitted by Roberts
Havoline Xpress, of Beaumont, Texas, in the amount of $144,284.67 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 Roberts Havoline Xpress, of Beaumont, Texas, in the
amount of$144,284.67 for an annual contract with the option of two(2) renewals of twelve
(12) month terms at the same pricing as the awarded contract to provide preventive
maintenance for City vehicles 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 Roberts Havoline Xpress, 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 9th day of May,
2023.
- Mayor Robin Mouton -
(Ei
3
Event Number MF0323-23 Addendum 1 Organization City of Beaumont,Texas eBids
Annual Contract for
Automotive Preventive
Event Title Maintenance Workgroup Purchasing
Event Description The City of Beaumont requests bids for a cc Event Owner Christy Williams
Event Type Bid Email Christy.williams@beaumonttexas.eov
Issue Date 4/10/2023 12:52:21 PM (CT) Phone (409)880-3720
Close Date 4/27/2023 02:00:00 PM (CT) Fax (409)880-3747 xBDEAN
Responding Supplier City State Response Submitted Lines Responded Response Total
*LAWE INDUSTRIES SAN ANTONIO -rx 4/27/2023 01:36:00 PM (CT) 51 $121,931.79
Roberts Havoline Xpress Lube Beaumont
4/27/2023 10:28:00 AM (CT) 54 $144,284.67
*57 Xpress LLC Lumberton -rx 4/26/2023 09:02:11 PM (CT) 52 $172,287.81
*Lawe Industries&57 Express are non responsive
•
"Exhibit A" MF0323-23 Addendum 1-Page 1
H
BEAUMONT
TEXAS
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Bart Bartowiak, Director of Public Works
MEETING DATE: May 9, 2023
REQUESTED ACTION: Council consider a resolution authorizing the execution of an
Agreement for Private Crossing with BNSF Railway Company.
BACKGROUND
The City of Beaumont(City)requires access to its water tower located behind 3705 East Lucas
Drive. The Agreement for Private Crossing is required to allow BNSF Railway Company
(BNSF)to construct a 32' wide private crossing allowing only the City and its agents to cross
BNSF's right-of-way.
The City will pay BNSF a$7,800 application fee and an additional $71,403 for the cost of the
construction for the private crossing.
FUNDING SOURCE
Water Production.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby authorized to execute an agreement
with BNSF Railway Company, of Fort Worth, Texas in the amount of $78,403.00 for the
application fee and the cost of construction of a private crossing for access to the City's
water tower located behind 3705 East Lucas Drive. The agreement is substantially in the
form attached hereto as Exhibit "A," and made a part hereof for all purposes.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of May,
2023.
- Mayor Robin Mouton -
Law Department Approved Tracking No.21 W-11808
AGREEMENT FOR PRIVATE CROSSING
THIS AGREEMENT ("Agreement"), made this day of , 2022, ("Effective Date") by and
between BNSF RAILWAY COMPANY, a Delaware corporation (hereinafter called"Licensor")and CITY OF BEAUMONT
(hereinafter whether one or more persons or corporations called the"Licensee").
NOW,THEREFORE,in consideration of the mutual covenants contained herein,the parties agree to the following:
GENERAL
1. Licensor hereby grants Licensee a non-exclusive license, subject to all rights, interests, estates of third parties,
including,without limitation, any leases, licenses, easements, liens, or other encumbrances,and upon the terms
and conditions set forth below, to construct, maintain, and use in strict accordance with the drawings and
specifications approved by Licensor as part of Licensee's application process("the Drawings and Specifications")
a new at-grade crossing, thirty-two (32') feet wide ("Crossing"), across the rail corridor of Licensor at or near
Licensor's station of Beaumont,County of Jefferson,State of Texas, Line Segment 7503, Mile Post 4.07, DOT No.
023193R at the location and in the manner shown upon the print No. 82706 dated September 17, 2021, marked
"Exhibit A," attached hereto made a part hereof ("Premises") for the purposes specified in Section 3. For
convenience,said Crossing,including crossing surface and all appurtenances thereto between the ends of railroad
ties, cattle guards,farm gates or barriers, drainage facilities, traffic signs or devices, identification signs approved
by Licensor,whistling posts,or other appurtenances,if any,are hereinafter collectively referred to as the"Crossing".
Licensee must also adhere to the stipulations as set forth on the attached Exhibit"C".
2. Licensee shall not disturb any improvements of Licensor or Licensor's existing lessees, licensees, easement
beneficiaries or lien holders,if any,or interfere with the use of such improvements.
3. it is expressly stipulated that the Crossing is to be a strictly private one,to be solely used for the purpose set forth
in Licensee's Application for Crossing attached hereto as Exhibit B and is not intended for and shall not be for public
use. The Licensee, without expense to Licensor, will take any and all necessary action to preserve the private
character of the Crossing and prevent its use as a public road. In the event Licensor determines that:
(a) the Crossing is being used for a purpose or in a manner not set forth in Exhibit B;
(b) there is a significant change in the volume or nature of traffic at the Crossing;or
(c) the Licensee has in any way breached the terms or conditions of this Agreement, Licensor shall have the
right to terminate this Agreement in accordance with Section 26.
4. In case of the eviction of Licensee by anyone owning or claiming title to or any interest in the Premises or the
Crossing, Licensor shall not be liable to refund Licensee any compensation paid hereunder or for any damage
Licensee sustains in connection therewith.
5. Any contractors or subcontractors performing work on the Premises or the Crossing, or entering the Premises on
behalf of Licensee,shall be deemed agents of Licensee for purposes of this Agreement.
TERM
6. This Agreement shall commence on the Effective Date and shall continue for a period of Twenty-five (25) years,
subject to prior termination as hereinafter described.
COMPENSATION
7. Licensee agrees to pay to Licensor in advance:
(a) Consideration payment in the amount of Seven Thousand and No/100 Dollars($7,000).
(b) Estimated cost of construction of the Crossing in the amount of Seventy-One Thousand Four Hundred Three
($71,403). If actual construction costs exceed this estimate by more than one hundred dollars ($100.00), the
excess costs(over$100)shall be paid by Licensee within thirty(30)days of the date billed.
Form 432;Rev.08/03I09
"Exhibit A"
Law Department Approved Tracking No.21W-11808
8. Licensee agrees to pay to Licensor from time to time within thirty(30) days after bills are rendered therefor the
entire cost of maintaining the Crossing, including,but not limited to the expense incurred by Licensor resulting from
the necessity to remove and replace the Crossing In connection with resurfacing or maintaining Licensor's right of
way and tracks including but not limited to the furnishing of Licensor's Flagman and any vehicle rental costs incurred.
The cost of flagger services provided by the Railway,when deemed necessary by the Railway's representative,will
be borne by the Licensee.Flagging costs shall include,but not be limited to,the following: pay for at least an eight
(8) hour basic day with time and one-half or double time for overtime, rest days and holidays (as applicable);
vacation allowance;paid holidays(as applicable);railway and unemployment insurance;public liability and property
damage insurance; health and welfare benefits; transportation; meals; lodging and supervision. Negotiations for
Railway labor or collective bargaining agreements and rate changes authorized by appropriate Federal authorities
may increase actual or estimated flagging rates. The flagging rate in effect at the time of performance by the
Contractor hereunder will be used to calculate the actual costs of flagging pursuant to this paragraph.
9. Licensee agrees to pay to Licensor the entire cost of constructing, installing, performing, maintaining, repairing,
renewing, and replacing any cattle guards,farm gates or barriers,track drainage facilities, traffic signs or devices,
whistle posts,stop signs or other appurtenances shown on Exhibit"A",or any such appurtenances or warning signs
and devices that may subsequently be required to be upgraded by Licensor, by law, by change of volume and
nature of vehicular traffic,or by any public authority having jurisdiction.The Licensee is also responsible for notifying
Licensor in writing of any need for upgrading the vehicular traffic control devices or signs at or near the Crossing,
since the Licensee is most knowledgeable concerning the volume and nature of the vehicular traffic. In addition,
Licensee shall notify Licensor if any significant change in volume or nature of traffic at the crossing.
COMPLIANCE WITH LAWS
10. (a) Licensee shall observe and comply with any and all laws, statutes, regulations, ordinances, orders,
covenants, restrictions, or decisions of any court of competent jurisdiction ("Legal Requirements") relating
to the construction, maintenance,and use of the Crossing and the use of the Premises.
(b) Prior to entering the Premises, Licensee shall and shall cause its contractor to comply with all Licensor's
applicable safety rules and regulations. Prior to commencing any work on the Premises, Licensee shall
complete and shall require its contractor to complete the safety training program at the Licensor's Internet
Website"www.t3NSFcontractor.com". This training must be completed no more than one year In advance
of Licensee's entry on the Premises.
DEFINITION OF COST AND EXPENSE
11. (a) For the purpose of this Agreement, "cost' or"costs""expense or expenses" includes, but is not limited to,
actual labor and material costs including all assignable additives,and material and supply costs at current
value where used.
(b) All invoices are due thirty(30)days after the date of invoice. in the event that Licensee shall fail to pay any
monies due to Licensor within thirty(30)days after the invoice date, then Licensee shall pay interest on
such unpaid sum from thirty(30)days after its invoice date to the date of payment by Licensee at an annual
rate equal to(I)the greater of(a)for the period January 1 through June 30,the prime rate last published in
The Wall Street Journal in the preceding December plus two and one-half percent(2 1/2%), and for the
period July 1 through December 31,the prime rate last published in The Wall Street Journal in the preceding
June plus two and one-half percent(2 1/2%),or(b)twelve percent(12%),or(it)the maximum rate permitted
by law,whichever is less.
RIGHT OF LICENSOR TO USE
12. Licensor excepts and reserves the right,to be exercised by Licensor and any other parties who may obtain written
permission or authority from Licensor:
(a) to maintain, renew, use, operate, change, modify and relocate any existing pipe, power, communication
lines and appurtenances and other facilities or structures of like character upon,over, under or across the
Premises;
(b) to construct,maintain, renew, use,operate, change, modify and relocate any tracks or additional facilities
or structures upon,over, under or across the Premises;or
Form 432;Rev.08/03/09
-2-
r
Law Department Approved Tracking No.21 W-11808
(c) to use the Premises in any manner as the Licensor in its sole discretion deems appropriate, provided
Licensor uses all commercially reasonable efforts to avoid material interference with the use of the
Premises by Licensee for the purpose specified in Section 3 above.
LICENSEE'S OPERATIONS
13. Licensee, at its own expense,shall keep the rail flange ways of said Crossing clear of all snow, dirt, or any other
obstructions whatsoever, which may accumulate by virtue of vehicles, equipment, or from machinery crossing
thereover or otherwise,and shall remove and keep removed any vegetation along the rail corridor on each side of
the crossing so that the motorists'line of sight to approaching trains is not impaired or obstructed by vegetation.
14. It is specifically understood that cables,pipelines,and other electric and/or fiber optic transmission lines may be on,
about,along,or under the Premises and Licensee agrees that under no circumstances will Licensee dig in or disturb
the surface of the Premises without the express written consent of Licensor,
15. Licensee shall construct and maintain, at its own expense,a roadway(to end of railroad ties)and related roadway
drainage in a manner acceptable to Licensor, and safe for use by any vehicles or equipment. Prior to such
construction or maintenance,ten(10)days advance notice must be given to Licensor's Roadmaster,Phillip Heusler,
at 24125 Aldine Westfield Road, Spring, Texas 77373, telephone (713) 847-3390 (office) or
Philli p.Heusler@BNSF.com.
16. Licensee agrees to keep any Crossing gates,farm gates or barriers(consisting of a bar,cable gate or chain between
posts on both sides of the Railroad rail corridor and straddling the roadway),closed and securely fastened,except
when being opened to allow access upon said rail corridor.
17. While this Agreement is personal to Licensee, it is recognized that there is a possibility of the Crossing being used
by unauthorized persons, and said Licensee agrees that for the purposes of this agreement all persons using the
Crossing shall be deemed the agents or invitees of the Licensee.
18. Licensee shall,at its sole cost and expense, perform all activities on and about the Crossing in such a manner as
not at any time to be a source of danger to or interference with the existence or use of present or future tracks,
roadbed or property of Licensor, or the safe operation and activities of Licensor. If ordered to cease using the
Crossing at any time by Licensor's personnel due to any hazardous condition, Licensee shall immediately do so.
Notwithstanding the foregoing right of Licensor,the parties agree that Licensor has no duty or obligation to monitor
Licensee's use of the Crossing to determine the safe nature thereof, it being solely Licensee's responsibility to
ensure that Licensee's use of the Crossing. Neither the exercise nor the failure by Licensor to exercise any rights
( granted in this Section will alter the liability allocation provided by this Agreement.
19. If at any time during the term of this Agreement, Licensor shall desire the use of Its rail corridor in such a manner
as would, in Licensor's reasonable opinion, be interfered with by the Crossing, Licensee shall, at its sole expense,
within thirty(30)days after receiving written notice from Licensor to such effect,make such changes in the Crossing
as in the sole discretion of Licensor may be necessary to avoid interference with the proposed use of Licensor's rail
corridor, Including,without limitation,the relocation of the existing or the construction of new a Crossing.
20. Upon termination of this Agreement,Licensor may remove the Crossing and restore the rail corridor to the condition
as of the Effective Date of this Agreement at Licensee's sole cost and expense and without incurring any liability to
the Licensee. Licensee shall within twenty(20)days after bill is rendered therefor, reimburse Licensor for all costs
and expenses,which Licensor may incur in connection therewith.
LIABILITY
21. (a) TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE SHALL, AND SHALL CAUSE ITS
CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS LICENSOR AND
LICENSOR'S AFFILIATED COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS, LEGAL
REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS
(COLLECTIVELY,"INDEMNITEES")FOR,FROM AND AGAINST ANY AND ALL CLAIMS,LIABILITIES,
FINES, PENALTIES, COSTS,DAMAGES, LOSSES, LIENS,CAUSES OF ACTION, SUITS,DEMANDS,
JUDGMENTS AND EXPENSES (INCLUDING,WITHOUT LIMITATION, COURT COSTS,ATTORNEYS'
FEES AND COSTS OF INVESTIGATION, REMOVAL AND REMEDIATION AND GOVERNMENTAL
OVERSIGHT COSTS) ENVIRONMENTAL OR OTHERWISE (COLLECTIVELY"LIABILITIES") OF ANY
= NATURE, KIND OR DESCRIPTION OF ANY PERSON OR ENTITY DIRECTLY OR INDIRECTLY
1. ARISING OUT OF,RESULTING FROM OR RELATED TO (IN WHOLE OR IN PART):
1
Form 432;Rev.08/03/09
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Law Department Approved Tracking No.21 W-11808
(i) THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ITS ENVIRONMENTAL
PROVISIONS,
(if) ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS AGREEMENT,
(iii) LICENSEE'S OCCUPATION AND USE OF THE PREMISES,
(iv) THE ENVIRONMENTAL CONDITION AND STATUS OF THE PREMISES CAUSED BY
OR CONTRIBUTED BY LICENSEE, OR
(v) ANY ACT OR OMISSION OF LICENSEE OR LICENSEE'S OFFICERS, AGENTS,
INVITEES, EMPLOYEES, OR CONTRACTORS, OR ANYONE DIRECTLY OR
INDIRECTLY EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR
EXERCISE CONTROL OVER, EVEN IF SUCH LIABILITIES ARISE FROM OR ARE
ATTRIBUTED TO, IN WHOLE OR iN PART,ANY NEGLIGENCE OF ANY INDEMNITEE.
THE ONLY LIABILITIES WITH RESPECT TO WHICH LICENSEE'S OBLIGATION TO
INDEMNIFY THE INDEMNITEES DOES NOT APPLY ARE LIABILITIES TO THE
EXTENT PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT OF AN INDEMNITEE.
(b) FURTHER,TO THE FULLEST EXTENT PERMITTED BY LAW, NOTWITHSTANDING THE LIMITATION
IN SECTION 21(a), LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, NOW AND
FOREVER WAIVE ANY AND ALL CLAIMS, REGARDLESS WHETHER BASED ON THE STRICT
LIABILITY, NEGLIGENCE OR OTHERWISE, THAT RAILROAD IS AN "OWNER", "OPERATOR",
"ARRANGER", OR"TRANSPORTER"WITH RESPECT TO THE PREMISES FOR THE PURPOSES OF
CERCLA OR OTHER ENVIRONMENTAL LAWS. LICENSEE WILL INDEMNIFY, DEFEND AND HOLD
THE INDEMNITEES HARMLESS FROM ANY AND ALL SUCH CLAIMS REGARDLESS OF THE
NEGLIGENCE OF THE INDEMNITEES. LICENSEE FURTHER AGREES THAT THE USE OF THE
PREMISES AS CONTEMPLATED BY THIS AGREEMENT SHALL NOT IN ANY WAY SUBJECT
LICENSOR TO CLAIMS THAT LICENSOR IS OTHER THAN A COMMON CARRIER FOR PURPOSES
OF ENVIRONMENTAL LAWS AND EXPRESSLY AGREES TO INDEMNIFY, DEFEND,AND HOLD THE
INDEMNITEES HARMLESS FOR ANY AND ALL SUCH CLAIMS. IN NO EVENT SHALL LICENSOR BE
RESPONSIBLE FOR THE ENVIRONMENTAL CONDITION OF THE PREMISES.
(c) TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE FURTHER AGREES, AND SHALL
CAUSE ITS CONTRACTOR TO AGREE, REGARDLESS OF ANY NEGLIGENCE OR ALLEGED
NEGLIGENCE OF ANY INDEMNITEE, TO INDEMNIFY, AND HOLD HARMLESS THE INDEMNITEES
AGAINST AND ASSUME THE DEFENSE OF ANY LIABILITIES ASSERTED AGAINST OR SUFFERED
BY ANY INDEMNITEE UNDER OR RELATED TO THE FEDERAL EMPLOYERS' LIABILITY ACT
("FELA") WHENEVER EMPLOYEES OF LICENSEE OR ANY OF ITS AGENTS, INVITEES, OR
CONTRACTORS CLAIM OR ALLEGE THAT THEY ARE EMPLOYEES OF ANY INDEMNITEE OR
OTHERWISE. THIS INDEMNITY SHALL ALSO EXTEND, ON THE SAME BASIS, TO FELA CLAIMS
BASED ON ACTUAL OR ALLEGED VIOLATIONS OF ANY FEDERAL, STATE OR LOCAL LAWS OR
REGULATIONS, INCLUDING BUT NOT LIMITED TO THE SAFETY APPLIANCE ACT, THE
LOCOMOTIVE INSPECTION ACT, THE OCCUPATIONAL SAFETY AND HEALTH ACT, THE
RESOURCE CONSERVATION AND RECOVERY ACT, AND ANY SIMILAR STATE OR FEDERAL
STATUTE,
(d) Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit or other
proceeding brought against any lndemnitee by any entity, relating to any matter covered by this Agreement
for which Licensee has an obligation to assume liability for and/or save and hold harmless any lndemnitee.
Licensee shall pay all costs incident to such defense, including, but not limited to, attorneys' fees,
investigators'fees, litigation and appeal expenses, settlement payments, and amounts paid in satisfaction
of judgments.
PERSONAL PROPERTY WAIVER
22. ALL PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, FIXTURES, EQUIPMENT, OR RELATED
MATERIALS UPON THE PREMISES WILL BE AT THE RISK OF LICENSEE ONLY,AND NO INDEMNITEE WILL
BE LIABLE FOR ANY DAMAGE THERETO OR THEFT THEREOF,WHETHER OR NOT DUE IN WHOLE OR IN
PART TO THE NEGLIGENCE OF ANY INDEMNITEE.
Form 432;Rev.08/03/09
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Law Department Approved Tracking No.21 W-i 1808
INSURANCE
23. Insurance. Licensee shall, at its sole cost and expense, procure and maintain during the life of this License the
following insurance coverage:
23.1 Commercial General Liability Insurance. This insurance shall contain broad form contractual liability with a
combined single limit of a minimum of $2,000,000 each occurrence and an aggregate limit of at
least $4,000,000 but in no event less than the amount otherwise carried by Licensee. Coverage
must be purchased on a post 2004.1S0 occurrence or equivalent and include coverage for, but not
limited to,the following:
• Bodily injury and Property Damage
• Personal injury and Advertising Injury
• Fire legal liability
• Products and completed operations
This policy shall also contain the following endorsements or language, which shall be indicated on the
certificate of insurance:
• The definition of insured contract shall be amended to remove any exclusion or other limitation for any
work being done within 50 feet of railroad property.
• Waiver of subrogation in favor of and acceptable to Licensor.
• Additional insured endorsement in favor of and acceptable to Licensor and Jones Lang LaSalle
Brokerage, Inc.
• Separation of insureds.
• The policy shall be primary and non-contributing with respect to any insurance carried by Licensor.
It is agreed that the workers' compensation and employers' liability related exclusions in the Commercial
General Liability Insurance policy(s)required herein are intended to apply to employees of the policy holder
and shall not apply to Licensor's employees.
No other endorsements limiting coverage may be included on the policy.
23.2 Business Automobile insurance, This insurance shall contain a combined single limit of at least$1,000,000
per occurrence, and include coverage for,but not limited to the following:
• Bodily injury and property damage.
• Any and all vehicles owned,used or hired.
This policy shall also contain the following endorsements, which-shall be indicated on the certificate of
insurance:
• Waiver of subrogation in favor of and acceptable to Licensor.
• Additional insured endorsement in favor of and acceptable to Licensor.
• Separation of insureds.
• The policy shall be primary and non-contributing with respect to any insurance carried by Licensor.
23.3 Workers'Compensation and Employers'Liability Insurance. This insurance shall include coverage for,
but not limited to:
• Licensee's statutory liability under the workers'compensation laws of the state(s)in which the services
are to be performed. If optional under state laws,the insurance must cover all employees anyway.
• Employers' Liability(Part B)with limits of at least$500,000 each accident,$500,000 by disease policy
limit,$500,000 by disease each employee.
This policy shall also contain the following endorsements or language, which shall be indicated on the
certificate of insurance:
• Waiver of subrogation in favor of and acceptable to Licensor.
23.4 Railroad Protective Liability Insurance. This insurance shall name only Licensor as the Insured with
coverage of at least $2,000,000 per occurrence and $6,000,000 in the aggregate. The coverage
obtained under this policy shall only be effective during the initial installation and/or construction.
If further maintenance is needed at a later date, an additional Railroad Protective Liability Insurance
Policy shall be required. The policy shall be issued on a standard ISO form CG 00 35 12 03 and include
the following:
• Endorsed to include the Pollution Exclusion Amendment. Form 432; Rev.08/03/09
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Law Department Approved Tracking No.21 W-11808
• Endorsed to include the Limited Seepage and Pollution Endorsement.
■ Endorsed to include Evacuation Expense Coverage Endorsement.
■ No other endorsements restricting coverage may be added.
• The original policy must be provided to Licensor prior to performing any work or services under this
License.
■ Definition of"Physical Damage to Property"shall be endorsed to read: "means direct and accidental
loss of or damage to all property owned by any named insured and all property in any named insured's
care, custody and control arising out of the acts or omissions of the contractor named on the
Declarations."
Other Requirements:
23.4.1 Where allowable by law, all policies (applying to coverage listed above)shall contain no exclusion
for punitive damages.
23.4.2 Licensee agrees to waive its right of recovery against Licensor for all claims and suits against
Licensor. In addition,Licensee's insurers,through the terms of the policy or a policy endorsement,
must waive their right of subrogation against Licensor for all claims and suits,and the certificate of
insurance must reflect the waiver of subrogation endorsement. Licensee further waives its right of
recovery, and its insurers must also waive their right of subrogation against Licensor for loss of
Licensee's owned or leased property,or property under Licensee's care, custody,or control.
23.4.3 Licensee is allowed to self-insure with prior written consent of Licensor with exception of Railroad
Protective Liability coverage. If granted by Licensor, any self-insured retention or other financial
responsibility for claims shall be covered directly by Licensee in lieu of insurance. Any and all
Licensor liabilities that would otherwise, in accordance with the provisions of this License, be
covered by Licensee's insurance will be covered as if Licensee elected not to include a self-
insured retention or other financial responsibility for claims.
23.4.4 Prior to entering the Premises, Licensee shall furnish.to Licensor an acceptable certificate(s) of
insurance including an original signature of the authorized representative evidencing the required
coverage, endorsements, and amendments. Licensee shall notify Licensor in writing at least 30
days prior to any cancellation, non-renewal, substitution, or material alteration. In the event of a
claim or lawsuit involving Licensor arising out of this License, Licensee will make available any
required policy covering such claim or lawsuit.
23.4.5 Any insurance policy shall be written by a reputable insurance company acceptable to Licensor or
with a current Bests Guide Rating of A-and Class VII or better, and authorized to do business in
the state(s)in which the service is to be provided.
23.4.6 if coverage is purchased on a "claims made"basis, Licensee hereby agrees to maintain coverage
in force for a minimum of three years after expiration or termination of this License. Annually,
F Licensee agrees to provide evidence of such coverage as required hereunder.
23.4.7 Licensee represents that this License has been thoroughly reviewed by Licensee's insurance
agent(s)/broker(s), who have been Instructed by Licensee to procure the insurance coverage
required by this License. Allocated Loss Expense shall be in addition to all policy limits for
coverages referenced above.
23.4.8 Not more frequently than once every five years, Licensor may reasonably modify the required
insurance coverage to reflect then-current risk management practices in the railroad industry and
underwriting practices in the insurance industry.
23.4.9 if any portion of the operation is to be subcontracted by Licensee, Licensee shall require that the
subcontractor shall provide and maintain insurance coverages as set forth herein,naming Licensor
as an additional insured, and shall require that the subcontractor shall release, defend and
indemnify Licensor to the same extent and under the same terms and conditions as Licensee is
required to release,defend and indemnify Licensor herein.
Form 432;Rev.08/03/09
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Law Department Approved Tracking No.21W-11808
23.4.10 Failure to provide evidence as required by this Section 23 shall entitle,but not require, Licensor to
terminate this License immediately. Acceptance of a certificate that does not comply with this
Section shall not operate as a waiver of Licensee's obligations hereunder.
23.4.11 The fact that insurance(Including,without limitation,self-insurance)is obtained by Licensee shall
not be deemed to release or diminish the liability of Licensee,including,without limitation,liability
under the indemnity provisions of this License. Damages recoverable by Licensor shall not be
limited by the amount of the required insurance coverage.
23.4.12 These insurance provisions are intended to be a separate and distinct obligation on the part of the
Licensee. Therefore,these provisions shall be enforceable and Licensee shall be bound thereby
regardless of whether or not indemnity provisions are determined to be enforceable.
23.4.13 For purposes of this Section 23,Licensor shall mean"Burlington Northern Santa Fe,LLC","BNSF
Railway Company"and the subsidiaries,successors, assigns and affiliates of each.
ENVIRONMENTAL
24. (a) Licensee shall strictly comply with all federal,state and local environmental laws and regulations in its use
of the Premises, including, but not limited to, the Resource Conservation and Recovery Act, as amended
(RCRA),the Clean Water Act,the Oil Pollution Act, the Hazardous Materials Transportation Act, CERCLA
(collectively referred to as the "Environmental Laws"). Licensee shall not maintain a treatment, storage,
transfer or disposal facility, or underground storage tank, as defined by Environmental Laws on the
Premises. Licensee shall not release or suffer the release of oil or hazardous substances, as defined by
Environmental Laws on or about the Premises.
(b) Licensee shall give Licensor immediate notice to Licenser's Resource Operations Center at(800)832-5452
of any release of hazardous substances on or from the Premises, violation of Environmental Laws, or
inspection or inquiry by governmental authorities charged with enforcing Environmental Laws with respect
to Licensee's use of the Premises. Licensee shall use the best efforts to promptly respond to any release
on or from the Premises. Licensee also shall give Licensor immediate notice of all measures undertaken
on behalf of Licensee to investigate,remediate, respond to or otherwise cure such release or violation.
(c) In the event that Licensor has notice from Licensee or otherwise of a release or violation of Environmental
Laws arising in any way with respect to the Premises which occurred or may occur during the term of this
Agreement, Licensor may require Licensee, at Licensee's sole risk and expense,to take timely measures
to investigate, remediate, respond to or otherwise cure such release or violation affecting the Premises or
Licensor's right-of-way.
(d) Licensee shall promptly report to Licensor in writing any conditions or activities upon the Premises known
to Licensee which create a risk of harm to persons, property or the environment and shall take whatever
action is necessary to prevent injury to persons or property arising out of such conditions or activities;
provided, however, that Licensee's reporting to Licensor shall not relieve Licensee of any obligation
whatsoever imposed on It by this Agreement. Licensee shall promptly respond to Licensor's request for
information regarding said conditions or activities.
DEFAULT
25. if default shall be made in any of the covenants or agreements of Licensee contained in this document, or in case
of any assignment or transfer of this Agreement by operation of law, Licensor may, at its option, terminate this
Agreement by serving five (5) days' notice in writing upon Licensee. Any waiver by Licensor of any default or
defaults shall not constitute a waiver of the right to terminate this Agreement for any subsequent default or defaults,
nor shall any such waiver in any way affect Licensor's ability to enforce any Section of this Agreement. The remedy
set forth in this Section 25 shall be in addition to,and not in limitation of,any other remedies that Licensor may have
at law or in equity.
•
TERMINATION
26. This License may be terminated by Licensor, at any time, by serving thirty(30)days'written notice of termination
upon Licensee. This License may be terminated by Licensee upon execution of Licensor's Mutual Termination
Letter Agreement then in effect. Upon expiration of the time specified in such notice, this License and all rights of
Licensee shall absolutely cease.
Form 432;Rev.08/03/09
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Law Department Approved Tracking No.21W-11808
27. If Licensee fails to surrender to Licensor the Premises, upon any termination of this Agreement, all liabilities and
obligations of Licensee hereunder shall continue in effect until the Premises are surrendered. Termination shall not
release Licensee from any liability or obligation, whether of indemnity or otherwise, resulting from any events
happening prior to the date of termination.
ASSIGNMENT
28. Neither Licensee, nor the heirs, legal representatives, successors or assigns of Licensee, nor any subsequent
assignee, shall assign or transfer this Agreement or any interest herein, without the prior written consent and
approval of Licensor,which may be withheld in Licensor's sole discretion.
NOTICES
29. Any notice required or permitted to be given hereunder by one party to the other shall be in writing and the same
shall be given and shall be deemed to have been served and given if(i)placed in the United States mail,certified,
return receipt requested, or (Ii) deposited into the custody of a nationally recognized overnight delivery service,
addressed to the party to be notified at the address for such party specified below,or to such other address as the
party to be notified may designate by giving the other party no less than thirty(30)days'advance written notice of
such change in address.
if to Licensor: Jones Lang LaSalle Brokerage, Inc.,
4200 Buckingham Road, Suite 110 •
Fort Worth,TX 76155
Attn: Licenses/Permits
with a copy to: BNSF Railway Company
2650 Lou Monk Dr.
Fort Worth,TX 76131
if to Licensee: City of Beaumont
801 Main Street
•. Beaumont,TX 77701
SURVIVAL
30. Neither termination nor expiration will release either party from any liability or obligation under this Agreement,
whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of
termination or expiration, or, if later, the date when the Premises are restored to its condition as of the Effective
Date.
RECORDATION
31. It is understood and agreed that this Agreement shall not be placed on public record.
APPLICABLE LAW
32. All questions concerning the interpretation or application of provisions of this Agreement shall be decided according
to the substantive laws of the State of Texas without regard to conflicts of law provisions.
SEVERABILiTY
[ 33. To the maximum extent possible, each provision of this Agreement shall be interpreted in such manner as to be
effective and valid under applicable law,but if any provision of this Agreement shall be prohibited by, or held to be
invalid under,applicable law, such provision shall be ineffective solely to the extent of such prohibition or invalidity,
and this shall not invalidate the remainder of such provision or any other provision of this Agreement.
Form 432;Rev.08/03/09
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Law Department Approved Tracking No.21W-11808
INTEGRATION
34. This Agreement is the full and complete agreement between Licensee and Licensor with respect to all matters
relating to Licensee's use of the Crossing,and supersedes any and all other agreements between the parties hereto
relating to Licensee's use of the Crossing as described herein. However, nothing herein is intended to terminate
any surviving obligation of Licensee or Licensee's obligation to defend and hold Licensor harmless in any prior
written agreement between the parties.
MISCELLANEOUS
35. In the event that Licensee consists of two or more parties, all the covenants and agreements of Licensee herein
contained shall be the joint and several covenants and agreements of such parties.
36. The waiver by Licensor of the breach of any provision herein by Licensee shall in no way impair the right of Licensor
to enforce that provision for any subsequent breach thereof.
37. In the event Licensee conveys, transfers,leases or otherwise grants a right of access and/or use of any interest in
all or a portion of Licensee's property which is accessed by the Crossing, Licensee shall notify Licensor in writing
of the same within thirty (30)days prior to the date of such conveyance,transfer, lease or grant of access and/or
use,and Licensee shall cause any receiver or subsequent holder(s)of such an interest or right("Holder")to:(1)file
an application with Licensor's outside contractor,Jones Lang LaSalle Brokerage,inc.,for use of the Crossing,which
application may be granted or denied in Licensor's sole discretion; and (2) upon Licensor's approval of Holder's
application, Licensee shall cause Holder to execute Licensor's standard License Agreement then in effect for the
use of the Crossing. Licensee may not assign or otherwise transfer, or permit the use of this Agreement or the
Crossing by Holder without Licensor's prior written approval for the same and any attempt to do so is a material
breach of this Agreement and shall render it null and void.
38. Licensor's Representative. Jones Lang LaSalle Brokerage, Inc. is acting as representative for BNSF Railway
Company.
Jones Lang LaSalle Global Services—RR, Inc.is acting as representative for BNSF Railway Company.
IN WITNESS WHEREOF, this License has been duly executed, in duplicate, by the parties hereto as of the day
and year first above written.
BNSF RAILWAY COMPANY
Jones Lang LaSalle Brokerage, Inc.,
its Attorney in Fact
4200 Buckingham Road, Suite 110
Fort Worth,TX 76155
By:
Shane Krueger
Title: Vice President—Permits&Special Projects
CITY OF BEAUMONT
801 Main Street
Beaumont,TX 77701
By.
Title:
fir(_
Form 432; Rev.08/03/09
-s-
f
COORDINATE SYSTEM: TX SC TRACKING NO. 21W-11808
to
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EXHIBIT "A"
ATTACHED TO CONTRACT BETWEEN N w
BNSF RAILWAY COMPANYcc
AND
CITY OF BEAUMONT
SCALE:1 IN= 100 FT ) SURVEY:
RED RIVER DIV. 1 '` 'WILLIAMS,A
SILSBEE SUBDIV. L.S. 7503'
DATE:9/17/2021
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LEGEND: DESCRIPTION:
Cl PREMISES A NEW 32'WIDE PRIVATE CROSSING SHOWN HATCHED.
CD RIGHT OF WAY LINE DOT#-
- TRACK
BEAUMONT
COUNTY OF JEFFERSON STATE OF TX ANC
REVISION 1 DRAWING NO. 82706
EXHIBIT Id:21W-11808
Application for Private Crossing
Most recent submittal date:08/23/2021 16:40 UTC
RailPermitting.com Applicant
Name:Antoinette Hardy
Title:Real Property Coordinator
Company:City of Beaumont
Phone:409-880-3725
Email:Antoinette.Hardy@Beaumonttexas.gov
Applicant Details
Legal name of company/municipality who will occupy the property:CITY OF BEAUMONT
State in which incorporated:Texas
Name of owners or partners if not incorporated:
Name of contact for ownership entity:ANTOINETTE HARDY Phone Number:4098803725 Ext:
Email:antoinette.hardyPbeaumonttexas.gov
Mailing address:801 MAIN STREET BEAUMONT,Texas 77701
Application Details
Construction Start Date:08/23/2021 Construction End Date:02/23/2022
Is this applicant a condemning authority?Yes
Is this project within public right of way?No
Is this applicant a railroad shipper?No
Is this project requested by railroad?No
Is this project in conjunction with a track or track expansion Project?No
Is this project associated with a public road crossing/widening or a grade separation project? No
Location Details
Name of nearest town on RR: Beaumont County:Jefferson State:Texas
Name of nearest roadway crossing RR: E LUCAS ST DOT Number:023668F
Id: 21W-11808
Application for Private Crossing
PLSS:
RR milepost: Latitude:30.12237 Longitude:-94.13663
Private Crossing
Does crossing already exist? No
Width of crossing: 30'
Time period crossing will be required: 25 years
The crossing is being used for: Commercial
Number of vehicle crossing a day: 1-5
Type of user vehicle: Auto, Pickup
Are there other private crossing in the vicinity? No
Distance to nearest public crossing: 800-830 feet
Do you own or lease the land on either side of the track? Own
I3NSF Railway Company
2600 Lou Menk Drive
RA IL Y Fort Worth,Texas 76131
•
EXHIBIT"C"
Re: Request submitted to be permitted for a new at-grade crossing, thirty-two (32') feet wide
("Crossing"), across the rail corridor of Licensor at or near Licensor's station of
Beaumont, County of Jefferson,State of Texas, Line Segment 7503, Mile Post 4.07, DOT
No.023193R.
The above referenced request is hereby approved under the following conditions:
1) LICENSEE agrees to install,construct,and maintain appropriate safety measures on their
roadway approaches to this commercial crossing to warn roadway users of approaching
trains.
a. Since the LICENSEE has not requested the installation of active warning devices
such as flasher lights and gates, BNSF will continue to use the existing
PRIVATE CROSSING sign and STOP sign attached to the same support post on
each side of the crossing.
b. Since the LICENSEE has not requested the installation of"whistle signs and
posts"along the track,trains will have no instructions to routinely sound the train
horns when approaching this commercial crossing.
2) The LICENSEE may contact and request BNSF to install flasher lights and gates as a
safety measure to warn roadway users of approaching trains.
a. The total amount of the crossing signal cost estimate would be paid in advance
by the LICENSEE.
b. Annual crossing signal maintenance costs and any necessary signal equipment
replacement costs would be paid by the LICENSEE.
3) The LICENSEE may contact and request BNSF to install"whistle signs and posts"along
the track to instruct trains to routinely sound the train horns when approaching this
commercial crossing.
a. The total amount of the whistle signs and posts cost estimate would be paid in
advance by the LICENSEE.
4) LICENSEE agrees to construct and maintain their roadway approaches across the full
width of BNSF right of way up to the edge of the crossing panels on the track, including
the area between any future additional track(s).
a. LICENSEE agrees to construct and maintain the profile of both their roadway
approaches to be level (0.0% grade) with the top-of-rail (or top-of-timber
crossing planks on the track) elevation at the crossing for minimum distance of 4
feet from the outside edge of the crossing planks,and then a-1.0%maximum(or
—3 inches maximum) grade for a minimum distance of 30 feet prior to changing
in elevation. The LICENSEE agrees to maintain the profile of their roadway
approaches to allow the roadway users to traverse the crossing without contacting
or damaging the track or the timber crossing panels on the track(s).
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BEAUMONT
TEXAS
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Bart Bartkowiak, Director of Public Works
MEETING DATE: May 9, 2023
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute Change Order No. 4,to the contract with To-Mex
Construction, LLC, of Houston, for the Street Rehab Sewer Line
Pipe Bursting Project.
BACKGROUND
On June 14, 2022, by Resolution No. 22-151, City Council awarded a contract to To-Mex
Construction, LLC, of Houston, in the amount of$589,861.80.
Previous Change Order Nos. 1-3, in the amount of$12,600.00, are attached for your reference.
Proposed Change Order No. 4, in the amount of$21,265.00, is requested for the addition of
quantities on four(4)bid line items due to unanticipated field conditions found during
construction. The additional quantities include 30 linear feet(LF) of pipebursting 6-inch
diameter sewer pipe to 8.625-inch OD HDPE pipe, 130 square yards (SY) of 4-inch flexible
pavement structure repairs, installation of two (2) 8-foot standard fiberglass manholes, and two
(2) each(EA) obstruction removal by excavation. If approved, the new contract amount would
be $623,726.80.
FUNDING SOURCE
American Rescue Fund.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
WHEREAS, on June 14, 2022, the City Council of the City of Beaumont, Texas
passed Resolution No. 22-151 awarding a contract in the amount of$589,861.80 to To-
Mex Construction, LLC, of Houston, Texas, for the Street Rehab Sewer Line Pipe
Bursting Project; and,
WHEREAS, Change Orders Nos. 1-3, in the amount of$12,600.00, increased the
total contract price to $602,461.80; and,
WHEREAS, Change Order No. 4, in the amount of$21,265.00, is required for the
addition of quantities on four (4) bid line items due to unanticipated field conditions found
during construction;
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. 4, in the amount of $21,265.00 for additional work described above, thereby
increasing the total contract amount to $623,726.80 for the Street Rehab Sewer Line Pipe
Bursting 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 9th day of May,
2023.
- Mayor Robin Mouton -
1
S
f.
• RESOLUTION NO.22-151
WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials,
and equipment for the Street Rehab Sewer Line Pipe Bursting Project; and,
WHEREAS, To-Mex Construction, LLC, of Houston, Texas, submitted a bid in
the amount of$589,861.80; and,
WHEREAS, the City Council is of the opinion that the bid submitted by To-Mex
Construction, LLC, of Houston, Texas, is the lowest responsible bidder 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 City Council hereby approves the award of a contract to To-Mex
Construction, LLC, of Houston, Texas, in the amount of $589,861.80 for the Street
Rehab Sewer Line Pipe Bursting Project; and,
s°.
BE IT FURTHER RESOLVED THAT the Interim City Manager be and he is
hereby authorized to execute a contract with To-Mex Construction, LLC, of Houston,
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.
"Exhibit A"
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of
June, 2022. -"' M �1�
T .,.� -d4e-
i v �o,«.t. - Mayor Robin Mouton
\ i.
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{
Contract# 001.004
01-May-2023 07:34 AM CST
Street Rehab Sewer Line Pipe Bursting Project
1350 Langham Beaumont,Texas 77706
Project Number:WU0322-16
001.004: Change Order No. 4
Grand Total: $21,265.00
For 001 Street Rehab Sewer Line Pipe Bursting Project
{
Division 33
Line Item Unit price
Type
Group 3.0 Construction
Scope of The Contractor will perform Pipe Bursting tasks as noted and in accordance with the details provided in the project contract documents or
Work as directed by the Engineer.
Notes Change Order No.4 is requested to add additional quantities to four(4)bid items to reflect quantities used in the field.
Awarded To To•Mex Construction LLC
Maribei Torres
Reason Quantity Adjustment
Code
Days 0
Changed
Attachments
Pending Pay Item Street Rehab Project.xlsx
Change Order Summary
Original Contract Sum 589,861.80 Substantial Completion Date
Net Cost by Previous Approved COs 12;600.00 Not Time Change By Previous COs 12 days
Contract Sum Before This CO 602,461.80 Substantial Completion before Thls CO
Contract Sum Changed By This CO 21,265.00 Time Changed By This CO 0 days
New Contract Sum 623,726.80 New Substantial Completion Date
All Change Orders make up 5.74%of the Original Contract
Accounting and Status
Accounting Status
Item Id 389
I i
PO Number 430950 FEMA Number
Accounting Project Code WWC019 Custom Accounting Field 04
Custom Accounting Field 05 Custom Accounting Field 06
Custom Accounting Field 07 Custom Accounting Field OD
Line Items
Item Account WBS/ Unit Total
ft Code Section Description Quantity UoM Price Amount
3.0 Construction
003 GC Contract 3 Flexible Pavement Structure Repair{4") 130.00 SY 65.00 8,450.00
006 GC Contract 6 Remove and Replace or Install New Std.Fiberglass Manhole,Up to 8' 2.00 EACH 5,345,00 10,690.00
Depth with All Joints&Connecti
011 GC Contract 11 Obstruction Removal by Excavation,All Sizes,All Depths,With Project 2.00 EACH 425.00 850.00
Manager's Approval
III!
014 GC Contract 14 Pipe Bursting 6"Sewer to 8.625"OD HOPE 30.00 L.F. 42.50 1,275.00
Total 21,265.00
Grand Total:21,265.00
Approval Pending
} Due:5-May-2023
I 3
Name or Role Status Actions
1 External-GC Approved
Maribel Torres
25-Apr-2023 02:30 PM CST
j ± 2 Project Manager Approved
s, I
Kevin Young
k 25-Apr-2023 03:31 PM CST
3 City Engineer Approved
Amelia"Molly`Villarreal
28-Apr-2023 03:42 PM CST
E i 4 Director Approved
Bart Bartkowlak
28-Apr-2023 03:58 PM CST
5 Admin Pending
6 Assistant City Manager Wailing for previous approvals.
7 City Clerk Waiting for previous approvals.
Created by:Kevin Young on 24-Apr-2023 Last Modified by:Dara Woodruff on 01-May-2023
Contract - 001 .003
06-Dec-2022 02:23 PM CST
Street Rehab Sewer Line Pipe Bursting Project
1350 Longhorn Beaumont,Texas 77706
Project Number:WU0322-16
001.003: Change Order No. 3
Grand Total:$4,500.00
For 001 Street Rehab Sewer Line Pipe Bursting Project
Division 33
Line item Unit price
Type
Group 3.0 Construction
Scope of To add an addition bid Item for point repair and cast iron pipe removal,sealing of manhole inside and outside of storm drain,and
Work replacement of the 6 Inch pipe with 8.625 Inch HDPE from MH-234 to 3 ft.past conflict box.
Notes
Awarded To To-Mex Construction LLC
Maribel Torres
Reason Unforseen Site Conditions
Code
Days 6
Changed
Attachments
EXTERNAL City of Beaumont Street Rehab Point Repair Quote.pdf
Change Order Summary
Original Contract Sum 569,861.80 1Substantiai Completion Date
{ Net Cost by Previous Approved COs 8,100.00;Not Time Change By Previous COs 6 days
Contract Sum Before This CO 597,961,80 Substantial Completion before This CO
�t. Contract Sum Changed By This CO 4,500.001 Time Changed By This CO 6 days
4 i
New Contract Sum 602,461.80 j New Substantial Completion Date
All Change Orders make up 2,14%of the Original Contract
- I
Accounting and Status
Accounting Status
Item Id 325
4
PO Number 430950 FEMA Number
Accounting Project Code VVWC019 ;Custom Accounting Field 04
Custom Accounting Field 06 Custom Accounting Field 06
Custom Accounting Field 07 Custom Accounting Field 08
Line Items
Item Account WBSI Unit Total
# Code Section Description Quantity UoM Price Amount
3.0 Construction
017 GC Contract 17 Point Repair,Cast Iron Pipe removal&replacement with 8.825"HDPE 1.00 LS 4,500.00 4,500.00
pipe,sealing of conflict box
Total 4,600.00
Grand Total:4,600.00
Approval Approved
Due:13-Dec-2022
Name or Role Status Actions
1 External-GC Approved
Maribel Torres
05-Dec-2022 02:07 PM CST
2 Project Manager Approved
John Pippins
06-Dec-2022 08:50 AM CST
3 City Engineer Approved
Amalia"Molly"Villarreal
08-Dec-2022 09:26 AM CST
4 Director Approved
Bart Bartkowiak
06-Dec-2022 09:42 AM CST
5 Admin Approved
Dara Woodruff
06-Dec-2022 09:58 AM CST
APPROVED BY: A ESTED BY:
��. 9`2 14?-;oumoiv N wan!
Kenneth R.Williatns Dal • '' •O
roussard Date
•City Manager 9s -;.; x, lerk
A U3!, , A
ra ,mit i t
Yi
t c
•,xrts 5•
tom "
l'`L1/4.Sfrk�I
Contract#001.002
10-Oct-2022 08:44 AM CST
Street Rehab Sower Line Pipe Bursting Project
1350 Langham Beaumont,Texas 77766
Project Number:WU0322-18
001.002: Change Order No.2
Grand Total:$8,100.00
For WU0322-16 To-Mex Con Street Rehab Sewer Line Pipe Bursting Project
Division 33
Line Item Unit price
Type
Group 3.0 Construction
Scope of To add en additional bid item for the contractor to perform two(2)needed point repairs to connect to the existing 12'PVC sanitary sewer
Work line that crosses through a 72'storm drain between MH791 end M11241 on page 4 of the plan sheets.Six(8)additional calendar days
will be added to the contract for the completion of the work.
•
Notes
Awarded To To-Max Construction,'LC
Madbel Torres
• Reason Unforseen Site Conditions
Code
• Days 6
Changed
Attachments Street Rehab Project MH 791-241 Quote.pd(
Change Order Summary
Original Contract Sum 589,861.80'Substantial Completion Date
Net Cost by Previous Approved 0.00 Net Time Change By Previous 0 days
COs CDs
Contract Sum Before This CO 560,861.80 Substantial Completion before
!This CO
I I
Contract Sum Changed By Thls 8,100.00'Time Changed By This CO 6 days
CO
Now Contract Sum 597,961.80'New Substantial Completion
:Date
All Change Orders make up 1.37%of the Original Contract
Accounting and Status
Accounting Status
• Item Id 302
PO Number !FEMA Number
Accounting Project Code WWC619 Custom Accounting Field 04
Custom Accounting Field 05 Custom Accounting Field 06
Custom Accounting Field 07 Custom Accounting Field 08
Line Items
Account WBSI Unit Total
Item It Code Section Description Quantity UoM Price Amount
3.0 Construction
018 GC 16 Point Repair 2.00 EACH 4.050.00 8,100.00
Contract
Total 8,100.00
Grand Total:8,100.00
Approval Approved Duo:17-Oct-2022
Name or Role Status Actions
1 External-QC Approved
Madbel Torres
} 05.Ocl-2022 05:07 PM CST
2 Project Manager Approved
John Pippins
07-Oct-2022 01:20 PM CST
3 City Engineer Approved
Amafia'may Vilfarreai
07-Oct-2022 05:27 PM CST
4 Director Approved
Bart Bartkowiak
10.Oct-2022 08:42 AM CST
5 Admit] Approved
Dam Woodruff
10-Oct-2022 08:45 AM CST
Created by:Kevin Young on 05-Oc42022 Last Modified by:Data Woodruff on 10-Oc1-2022
APPROVED BY: ATTESTED BY:
Kenneth R.Williams Date Tina Broussard ate
City Manager City Clerk
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ORIGINAL COIRMCTAM0V2fT: 3 669,601,60
IIET FROM PREVIOUS CILWOE ORDERS: $
TOTAL AMOUNT OF THIS CIWIOE ORDER $ •
PERCOR'OF THIS G W20E ORDER: 0,00$4
TOTAL PERCENT CHANGE ORDER TO DATE: 00014
HEW CONTRACT AMOUIR, 6 600,681,00
CONTRACT TIME
0RIOIIW.CONTRACT TIME 120 calf rids r dry.
ADDITIONAL CONTRACT TIME PER PREVIOUS CIAJf0E ORDERS: 0 col troll l d.yc
ADDITIONAL CONTRACT TIME PER THIS GIM10E ORDER: 0 coltndor dry.
R EVISE0 CONTRACT TIME 120 cat,nd2'drys
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BEAUMONT
TEXAS
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: May 9, 2023
REQUESTED ACTION: Council consider a resolution approving a contract for the fence
installation at the Police Department located at 255 College Street.
BACKGROUND
The Homeland Security Grant Program consists of a number of grant programs. One of which
is the State Homeland Security Program (SHSP). This grant incorporates a SHSP first
responder category for which Beaumont was awarded$46,000 dedicated specifically to
implementing target hardening for Phase II of erecting fencing around the Police Department to
further limit the constant foot and vehicle traffic around the Police Department.
This project was previously approved by City Council Resolution No. 23-090 but due to the
project being federally funded the project had to be formally rebid. The City solicited bids from
123 vendors,with four responses. Bid specifications utilizing the formal bid process for the
installation of approximately 690' of 6' tall black vinyl chain link fencing to include walk gates
and one drive gate around three sides of the Police Department between the gated access points.
Four bids were submitted. A-1 Maida Fence Company responded with the lowest qualified bid
of$52,997.00. The State Homeland Security Program grant will fund $46,000 of the cost and
the local match of$6,997 will come from the Police Department Budget.
FUNDING SOURCE
SHSP Grant Funding and General Fund
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO,
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
WHEREAS, the City of Beaumont was awarded the Homeland Security Grant
(SHSP) in the amount of $46,000.00, which is being dedicated to erect fencing around
the Police Department to further eliminate foot traffic; and,
d,
WHEREAS, on April 4, 2023, City Council approved Resolution No. 23-090 to
allow for the installation of a fence; and,
WHEREAS, the project is federally funded which requires it to be formally bid; and,
WHEREAS, formal bids were solicited for the installation of a fence at the Police
Department; and,
WHEREAS,A-1 Maida Fence Company, of Beaumont, Texas submitted the lowest
bid of$52,997.00; and,
•
WHEREAS, a local match of $6,997.00 will come from the Police Department
budget; and,
WHEREAS, City Council is of the opinion that the bid submitted by A-1 Maida
Fence Company, of Beaumont, Texas, in the amount of$52,997.00 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 Resolution No. 23-090 is hereby voided; and,
THAT the City Manager be, and he is hereby, authorized to execute a contract with
A-1 Maida Fence Company, of Beaumont, Texas for the installation of a fence at the
Police Department in the amount of $52,997.00.
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 May,
2023.
- Mayor Robin Mouton -
Event Number MF0423-24 Addendum 1 Organization City of Beaumont,Texas eBids
Contract for the Installation of Vinyl Coated Chain Link Fencing at Beaumont
Event Title Police Station Workgroup Purchasing
Event Description The City of Beaumont is requesting bids for furnishing all labor,supervision,anc Event Owner Christy Williams
Event Type Bid Email
Issue Date 4/12/2023 01:21:34 PM (CT) Phone (409)880-3720
Close Date 4/27/2023 02:00:00 PM (CT) Fax (409)880-3747 xBDEAN
Responding Supplier City State Response Submitted Lines Responded Response Total Completion Time
Al Maida Fence Beaumont TX 4/27/2023 01:47:00 PM(CT) 1 $52,997.00 10 days
BeauTex Fence Beaumont TX 4/27/2023 10:38:02 AM(CT) 1 $63,250.00 30 days
Mike Barnett Construction Port Neches TX 4/26/2023 11:27:00 AM(CT) 1 $71,180.00 20 days
U.S.Fence&Gate,Inc. Orange TX 4/27/2023 01:04:00 PM(CT) 1 $72,900.00 30 days
Please note:Lines Responded and Response Total only includes responses to specification. No alternate response data is included.
MF0423-24 Addendum 1-Page 1
K
BEAUMONT
TEXAS
TO: City Council
FROM: Kenneth R. Williams City Manager
PREPARED BY: Sharae N. Reed, City Attorney
MEETING DATE: May 9, 2023
REQUESTED ACTION: Council consider a resolution opposing various House and Senate
bills proposed in the 88th Texas Legislature Session.
BACKGROUND
On February 14, 2023, Council held a workshop to discuss the City of Beaumont's legislative
priorities for the 88th Texas Legislature. On February 21, 2023, Council adopted The City of
Beaumont Legislative Priorities 2023-2024, outlining the City's priorities and opposing bills that
weaken the City's authority and/or that are not beneficial to the City.
The proposed resolutions identities several House and Senate bills that weaken the City's
authority as a home-rule city and would be harmful to the overall operation of the City if passed.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT
AUTHORIZING OPPOSITION TO LEGISLATIVE CHANGES RELATING TO H.B.
866, 1279, 1489, 2127, 2266, 2970, 3921 AND S.B. 175, 814, 1412, 1421, 1786,
1787.
WHEREAS, the City of Beaumont is geographically situated approximately 79
miles east from Houston, approximately 30 miles west of the Louisiana state line and
borders the Gulf of Mexico; and,
WHEREAS, the City of Beaumont is a small mid-sized city seated in Jefferson
County with more than 115,282 residents; and,
WHEREAS, the City of Beaumont has the largest preservation overlay in the State
of Texas, also known as the Oaks Historic District; and,
WHEREAS, the City believes that allowing local residents and community groups
to participate in the decision-making process, cities are better able to tailor their policies
to the specific needs and preferences of their communities; and
WHEREAS, H.B. 866 limits the ability of the City to ensure that "plats" and "plans"
that are brought before the Planning and Zoning Commission and City Council meet
certain minimum requirements; and,
WHEREAS, H.B. 1279 would negatively impair current contracts that the City has
in place with private businesses in the City's extraterritorial jurisdiction (ETJ); and,
WHEREAS, H.B. 1489 limits the usage of certificates of obligation to only in a public
emergency, in response to a court order, or to comply with state or federal regulation; and
WHEREAS, H.B. 2127 AND S.B. 814 preempts city regulations in a field occupied
by the Agriculture, Finance, Insurance, Labor, Natural Resources, and Occupations
Code. Property and Finance Code and prohibits a city from regulating licensed animal
businesses; and,
WHEREAS, H.B. 2266 allows a state license holder to bring legal action against a
city if city regulation results in adverse economic impact on the license holder; and
WHEREAS, H.B. 2970 allows HUD-code homes in all residential under certain
circumstances; and,
WHEREAS, H.B. 3921 and S.B. 1787 undermine the role of local government in
shaping the character and quality of their neighborhoods; and,
WHEREAS, S.B. 175 prohibits cities and other political subdivisions from spending
public funds to hire lobbyists or join nonprofit associations(like TML)that represent political
subdivisions and contract with individuals who are required to register as lobbyists; and,
WHEREAS, S.B. 1412 allows an accessorydwellingunit (ADU)
in a single-family
zoning or un-zoned areas by right, and prohibit much of a city's ability to regulate an ADU;
and,
WHEREAS, S.B. 1421 limits city regulation of agricultural operations and
vegetation height restrictions within city limits and the extraterritorial jurisdiction; and,
WHEREAS, S.B. 1786 modifies approval procedures for property development
application review and inspection for cities including allowing for third-party reviews and
inspectors; and,
WHEREAS, the 2023 Texas Legislative Session has begun;
NOW, THEREFORE BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
SECTION 1. The City Council opposes legislation that undermines local decision-
making authority and disregards the unique needs and circumstances of individual
communities.
SECTION 2. The City Council opposes the passage of such Shot Clock Legislation
(H.B.866) as currently drafted.
SECTION 3. The City Council opposes legislation (H.B. 1489) that would limit the
circumstances in which a city council could issue a CO to finance certain public works
only: (1.) to comply with a state or federal law, rule, or regulation if the city is officially
notified of its noncompliance; (2) if the city council believes an expenditure on a public
work is necessary to mitigate the impact of a public health emergency or natural disaster;
or (3) if a court renders a decision that requires the city to construct or improve a public
work.
SECTION 4. The City Council opposes legislation (H.B. 1279) that would
negatively impair the current contracts that the City has in place with private businesses
in the City's extraterritorial jurisdiction (ETJ) by reducing the City's ETJ from five miles to
one-half miles. This would result in industrial facilities that are fully within the City's ETJ
to be partially or fully outside of the City's ETJ, thereby limiting or removing the ability of
the City and the industrial facilities to contract on many subjects that impact the orderly
planning of the City and expansion of those industrial facilities.
SECTION 5. The City Council opposes legislation (H.B. 2127 and S.B. 814) that
undermines the home-rule authority Article XI, Section 5 of the Texas Constitution
provides. Broad local control allows City Council to address unexpected and city-specific
concerns that affect their neighbors' health and safety. This proposed legislation is an
unprecedented attack on local control by distant lawmakers. It will subject cities to a flood
of litigation challenging city ordinances based on claims under eight state codes, which
will discourage cities from adopting and enforcing ordinances to protect public health,
safety, and welfare. It provides little guidance about what a city can or cannot do, and the
direction it does provide is left entirely to the courts to interpret.
SECTION 6. The City Council opposes legislation (H.B, 2266) that will
unintentionally result in a flood of litigation to prevent enforcement of city ordinances and
regulations, such as local health, building, and fire code amendments, designed to protect
the health, safety, and welfare of city residents.
SECTION 7. The City Council opposes legislation (H.B. 2970) that would permit
the placement of a new HUD-code manufactured home by right in all zoning classifications
that allow detached single family or duplexes.
SECTION 8. The City Council opposes legislation (H.B. 3921 and S.B. 1787)that
would restrict local authority and reduce compatibility between distinct residential zoning
districts by superimposing a one-size-fits-all approach without regard to its
appropriateness or impact on established neighborhoods. The City's zoning authority
allows it to protect the public welfare and safety by (1) lessening congestion in the streets;
(2) securing safety from fire, panic, and other dangers; (3) promoting the health and
general welfare; (4) providing adequate light and air; (5) preventing the overcrowding of
land; (6) avoiding the undue concentration of population; and (7) facilitate the adequate
provision of transportation, water, sewers, schools, parks, and other public requirements.
This legislation undermines their ability to maintain orderly development and
implementation of a comprehensive plan through zoning ordinances and subdivision
regulations that address compatibility concerns such as density, setbacks, desired open
space, and tree preservation.
SECTION 9. The City Council opposes legislation (S.B. 175) that would prohibit
membership in a non-profit organization that provides many benefits for my city, such as
training for city officials and employees, legal assistance on matters of municipal law, and
access to a wide array of experts and information - all of which helps us to better serve
the citizens of our city. Services which individual cities have neither time, money nor
strength to do alone. Local elected officials would lose the ability to meaningfully
participate in the statewide discussions that keenly affect local governments and the
diverse group of Texans they represent.
SECTION 10. The City Council opposes legislation (S.B. 1412) that would
generally restrict a city from adopting or enforcing regulations that prohibit an owner from
building, selling, or renting an accessory dwelling unit (ADU), or require owner occupancy
of the primary dwelling unit of a lot with an ADU for any lot zoned for single-family or
duplex uses with only minimal oversight by the city.
SECTION 11. The City Council opposes legislation (S.B. 1421) that would prohibit
a city from imposing a governmental regulation on agricultural operations located
anywhere within city limits until certain conditions are met.
SECTION 12. The City Council opposes legislation (S.B. 1786) that would modify
approval procedures for property development application review and inspection for cities
including allowing for third-party reviews and inspectors.
SECTION 13. For each bill opposed by the City in this Resolution, City Council
supports amendments that would make the effects of such legislation inapplicable to
home-rule cities with a population of less than 85,000.
SECTION 14. The City Council supports legislation that allows jurisdictions to
preserve or craft their own unique local character with traditional land use regulations that
recognize a potential need for diverse housing forms and choices.
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 May,
2023.
- Mayor Robin Mouton -
1
May 9, 2023
Consider awarding funds to the Greater Beaumont Chamber of Commerce to facilitate
the development of an Innovation Grant Program, a Growth and Expansion Program
and a Minority Growth and Expansion grant program.
BEAUMONT
TEXAS
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Chris Boone, Assistant City Manager, Community Services
MEETING DATE: May 9, 2023
REQUESTED ACTION: Council consider awarding funds to the Greater Beaumont
Chamber of Commerce to facilitate the development of an
Innovation Grant Program, a Growth and Expansion Program and
a minority Growth and Expansion grant program.
BACKGROUND
Recently, Steve Ahlenius, President and CEO of the Greater Beaumont Chamber of Commerce,
made a presentation to City Council outlining new opportunities to enhance and improve
cooperation between the City and Chamber. Included in this presentation was a Chamber-led
Strategic Economic Development Plan process to serve as a roadmap for economic development
efforts moving forward. To help further the Chamber's project, the City provided an additional
allocation of$75,000 to the Chamber which was included in the FY23 budget for this project.
The Chamber also requested that the City contribute $50,000 to the Chamber to develop an
Innovation Grant Program, a Growth and Expansion Program and a minority Growth and
Expansion grant program., awarding funds to entrepreneurs who are seeking assistance with
patent searches, development,prototypes, market feasibility, legal fees and other costs.
FUNDING SOURCE
General Fund.
RECOMMENDATION
Approval of Resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and is hereby authorized to award $50,000 to the
Greater Beaumont Chamber of Commerce for the development of new Small Business
Innovation Grant Programs.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of May,
2023.
- Mayor Robin Mouton -
2
May 9, 2023
Consider authorizing the City Manager to execute a contract for property insurance for
various City owned properties and assets.
BEAUMONT
TEXAS
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Sharae N. Reed, City Attorney
MEETING DATE: May 9, 2023
REQUESTED ACTION: Consider a resolution authorizing a contract for property insurance
coverage for various city owned buildings and assets.
BACKGROUND
Higginbotham, of Port Arthur, is the City's broker of record for securing the City's property
insurance. The proposed annual premium for Property, Equipment Breakdown, Terrorism and
Agency Fee is based on a total insured value of$326,612,124 with a policy limit of$50,000,000.
The cost of the policy for this year is $3,330,473.24, a$1,286,432.63 increase from last year's
premium of$2,044,040.61. The net rate (per$100 valuation) increased by 21%, from $0.81 to
$0.98. The increase in rate is attributed to a hardening commercial property market and losses
incurred by the City over the past few years. The policy renewal will be in effect from May 1,
2023 to May 1, 2024.
Companies providing insurance are layered with exposure limited to the amount of damage
incurred. All risk coverage, including Flood and Earth Movement, is provided by Velocity Risk
Underwriters (Lloyds), Aspen, AXIS Surplus Lines Insurance Company, Lloyds of London
(Insurisk, LP),Arch Specialty, RSUI Indemnity Insurance Company, Core Specialty, Ironshore,
Lexington, Markel Specialty,Navigators Group, Paragon, Sompo International, and Westfield
Specialty. Boiler and Machinery coverage is provided by Liberty Mutual Fire Insurance
Company. Terrorism coverage is provided by Hiscox.
The deductibles per occurrence for the new policy are as follows:
Deductibles
$100,000 Per Occurrence as respects to All Other Perils, Except as noted below:
Earth Movement: $50,000 for all covered loss or damage arising out of Earth Movement
Named Storm Wind & Hail: 3%of the Sum of the Stated Values for each Location(affected
by loss) identified in the Statement of Values subject to $250,000 minimum Per Occurrence
High Hazard Hail: $250,000 per Occurrence for all covered loss or damage arising out of Hail
in Hail Zone 1 and Hail Zone 2
Flood: $100,000 Per Occurrence, Except as noted below:
Except 3%of the total insurable values at each location involved in the loss or damage in any
one Occurrence, subject to a minimum deductible of$250,000 in any one Occurrence for all
covered loss or damage arising out of Flood at any property wholly or partially within a Special
Flood Hazard Area at the time of the loss as defined by the Federal Emergency Management
Agency (FEMA).
FUNDING SOURCE
General Fund
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a contract for
property, equipment breakdown, terrorism, and agency fee for the annual premium
amount of $326,612,124 through Higginbotham, of Port Arthur, Texas, as broker, for all
risk coverage, including Flood and Earth Movement provided by Velocity Risk
Underwriters (Lloyds), Aspen, AXIS Surplus Lines Insurance Company, Lloyds of
London, (Insurisk, LP), Arch Specialty, and RSUI Indemnity Insurance Company, Core
Specialty, Ironshore, Lexington, Markel Specialty, Navigators Group, Paragon, Sompo
International, and Westfield Specialty effective May 1, 2023; boiler and machinery
coverage provided by Liberty Mutual Fire Insurance Company effective May 1, 2023; and,
terrorism coverage provided by Hiscox effective May 1, 2023.
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 May,
2023.
- Mayor Robin Mouton -