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Home My WebLink About09/12/2023 PACKETREGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, SEPTEMBER 12, 2023 1:30 PM AGENDA CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATIONS PRESENTATIONS RECOGNITIONS PUBLIC COMMENT ON AGENDA/CONSENT Persons may speak on the Consent Agenda and Regular Agenda Items 1-10 (or any other topic) 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. Council to consider approving the August 29, 2023, City Council Meeting Minutes. B. Council consider a resolution approving the purchase of one fire truck. C. Council consider a resolution authorizing the City Manager to renew a contract with Motorola Solutions Inc. PUBLIC HEARING Council to hold a Public Hearing on the 2023 (FY 2024) Proposed Tax Rate REGULAR AGENDA 1. Council consider an ordinance adopting the FY 2024 Budget by a record vote. 2. Council consider a resolution adopting the 2024 Capital Program. 3. Council consider an ordinance accepting the appraised roll and approving the property tax rate for the tax year 2023 (FY 2024). 4. Council consider an ordinance ratifying the budgeted property tax increase reflected in the FY 2024 Budget. 5. Council consider an ordinance amending Section 22.05.211 of the Code of Ordinances to increase garbage rates by $1.00 per month effective October 1, 2023. 6. Council consider amending Section 22.02.001, Water Service Rates and Section 22.02.002, Wastewater Service Rates of the Code of Ordinances to increase water rates by four percent (4%) and sewer rates by ten percent (10%) effective October 1, 2023. 7. Council consider an ordinance amending Section 22.05.214 of the Code of Ordinances to increase landfill disposal fees by $1 per cubic yard effective October 1, 2023. 8. Council consider a resolution authorizing the City Manager to execute Change Order No. 5, accept maintenance, and authorize final payment to To-Mex Construction, LLC, of Houston, for the Street Rehab Sewer Line Pipe Bursting Project. 9. Council consider a resolution authorizing the City Manager to award a contract to King Solution Services, LLC, of Houston, for the Street Rehab Phase V Sewer Line Replacement Project. 10. Council to consider the adoption of the disaster declaration issued by the Mayor on September 8, 2023 WORK SESSION Council conduct a Work Session to review and discuss adopting amendments to gaming site regulations and licensing. PUBLIC COMMENT - MISC COUNCIL COMMENTS EXECUTIVE SESSION To discuss and or deliberate economic development negotiations in accordance with Section 551.087 of the Government Code to wit; specifically • Projects Linde, Gemstone, and Zero ADJOURNMENT Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at (409) 880-3777. A TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Tina Broussard, City Clerk MEETING DATE: September 12, 2023 REQUESTED ACTION: Council to consider approving the August 29, 2023, City Council Meeting Minutes. BACKGROUND None FUNDING SOURCE None RECOMMENDATION None ATTACHMENTS Minutes - August 29, 2023 Minutes – August 29, 2023 MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert “A.J.” Turner, Mayor Pro Tem ROY WEST, MAYOR Randy Feldschau, At-Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III AUGUST 29, 2023 Chris Durio, Ward IV 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 August 24, 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  Public Comment: Persons may speak on the Consent Agenda/Regular Agenda items 1-6 Mayor West called the council meeting to order at 1:30 p.m. gave the invocation. Mayor West led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor West, Mayor Pro Tem Turner, Councilmembers Durio, Getz, Feldschau, Samuel and Neild. Also, present were Kenneth R, Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation and Recognition “Ladies in Leather Day” – September 9, 2023 – Proclamation read by Tina Broussard, City Clerk; accepted by Amber Cohen and others “Mr. Earl Dotson Former NFL Superbowl Champion and West Brook Hall of Fame Inductee” - August 29, 2023 – Proclamation read by Tina Broussard, City Clerk; accepted by Mr. Earl Dotson “Post 33” – August 29, 2023 – Proclamation read by Tina Broussard, City Clerk; accepted by Mr. Seth Wells and others Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items X-X (or any other topic) (Public comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov Carlton Sharp 5150 Plant Rd. Beaumont TX Minutes – August 29, 2023 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. Council to consider approving the August 22, 2023, City Council Meeting Minutes. B. Council to consider approving an agreement with Patillo, Brown & Hill LLP, of Waco, for auditing services – Resolution 23-236 C. Council to consider a resolution authorizing the settlement of the claim of Kristopher Goodman – Resolution 23-237 Councilmember Samuel moved to approve the Consent Agenda. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED REGULAR AGENDA 1. Council to consider a resolution awarding Hotel Occupancy Tax Grant awards for the 2023 Grant cycle. In accordance with the new Hotel Occupancy Tax (HOT) Grant review process, applications have been submitted for review by the Beaumont Convention and Visitors Bureau (CVB) Review Committee. Attached are the recommendations from the Committee. The council is being asked to review and approve funding for HOT applications, taking into consideration the public hearing held at the August 22nd City Council meeting as well as recommendations from HOT Review Committee. Funds will come from the Hotel Occupancy Tax Grant. Approval of the Resolution. Councilmember Durio moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO REVIEW AND APPROVE FUNDING FOR THE HOTEL OCCUPANCY TAX APPLICATIONS FOR THE HOTEL OCCUPANCY TAX GRANT 2023 CYCLE. Mayor Pro Tem Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE Minutes – August 29, 2023 MOTION PASSED RESOLUTION 23-238 2. Council to consider an Ordinance amending Ordinance No. 23-056, a request for a Rezoning from RS (Residential Single-Family Dwelling) to RM-H (Residential Multiple Family Dwelling-Highest Density) or a more restrictive district for property located north of 2360 S. Major Drive. On July 25, 2023, City Council approved Ordinance No. 23-056, a request for a Rezoning from RS (Residential Single-Family Dwelling) to RM-H (Residential Multiple Family DwellingHighest Density) or a more restrictive district for property located at 2360 S. Major Drive. The approved Ordinance reflected an address of 2360 S. Major Drive, rather than property located north of 2360 S. Major Drive. Amendment to Ordinance No. 23-056 is necessary to reflect the correct property location. Approval of the amended Ordinance. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SING- FAMILY DWELLING) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING HIGHEST- DENSITY) DISTRICT FOR PROPERTY LOCATED NORTH OF 2360 S. MAJOR DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, FELDSCHAU, SAMUEL AND NEILD NAYS: COUNCILMEMBER GETZ MOTION PASSED ORDINANCE 23-056-A 3. Council to consider a resolution authorizing a contract with SETEX Construction Corp., from Beaumont, for the City-Wide Emergency Water Main Repairs Contract. On August 15, 2023, the City of Beaumont issued a Mandatory Water Restriction as determined by Stage 3 of the Drought Contingency Plan due to the excessive heat and lack of rain. The excessive heat and lack of rain has caused multiple water mains to burst, causing blowouts throughout the city. The blowouts must be repaired immediately to conserve the already limited water consumption deemed mandatory throughout the City, along with maintaining adequate water pressure per state regulations for public health and safety. On August 16, 2023, four (4) contractors were solicited to aid with turnkey repairs on minor and major water line leaks/breaks throughout the City. One (1) contractor responded. An emergency contract has been put in place with SETEX Construction Corp., of Beaumont at an estimated cost up to $100,000.00 to complete the repairs. Funds will come from the Water Utilities Fund. Minutes – August 29, 2023 Approval of the resolution. Councilmember Mayor Pro Tem Turner moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH SETEX CONSTRUCTION CORP., OF BEAUMONT, TEXAS, FOR THE CITY-WIDE EMERGENCY WATER MAIN REPAIRS FOR AN ESTIMATED AMOUNT OF $100,000.00. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 23-239 4. Council to consider a resolution authorizing the City Manager to execute Change Order No. 1 to the contract with Vortex Companies, of Houston, for the Long Street Grouting Repairs Project. On May 23, 2023, by Resolution No. 23-148, the City Council awarded a contract to Vortex Companies, of Houston, in the amount of $2,444,071.28, for the Long Street Grouting Repairs Project. This authorized work consisted of injecting a high-density urethane grout into the identified voids in order to stabilize the existing soil surrounding the storm line on Long Street. Proposed Change Order No. 1, in the amount of $217,303.38, is being requested to adjust the actual quantities needed to address additional voids encountered during construction. The initial survey utilizing Ground Penetrating Radar (GPR) was used to estimate the quantity of grout that was needed, however, due to the extent of the voids, and some limitations with GPR, additional grout was needed to fully stabilize the soils surrounding the storm line. No additional time is being requested with this Change Order. If approved, Change Order No. 1 will result in a new contract amount of $2,661,374.66. Funds will come from the Capital Program. Approval of the Resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 1, IN THE AMOUNT OF $217,303.38 FOR ADDITIONAL WORK, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT TO $2,661,374.66 FOR THE LONG STREET GROUTING REPAIRS PROJECT. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE Minutes – August 29, 2023 MOTION PASSED RESOLUTION 23-240 Councilmember Neild left the meeting at 3:16 p.m. 5. Council to consider a resolution approving the emergency repair of a pump for Lawson’s Pump Station. Lawson’s Pump Station pumps raw water from Bunn’s Canal to the Pine Street Surface Water Treatment Plant. The station operates three (3) vertical shaft high service pumps with variable frequency drives. On July 27, 2023, City of Beaumont Water Production personnel identified that one pump had failed and was not pumping water. The remaining pumps are operating without issues, however having a pump out of service eliminates any redundancy in pumping capacity. Triangle Rotating Equipment Specialists of Nederland, TX, was hired to extract the pump, transport it to their repair shop, disassemble and inspect the pump, and determine what repairs, if any, were required. The repair scope of work, not to exceed $65,075.00, is to check all shafts for straightness, remove and replace bushings, blast and repaint with paint compatible with drinking water standards, replace O-ring gaskets, replace suction bell strainer, field install pump, set motor, and test run start up. The work is expected to be completed before the end of August. Funds will come from the Capital Program. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPROVE THE EMERGENCY REPAIR OF A PUMP FOR LAWSON’S PUMP STATION IN AN AMOUNT NOT TO EXCEED $65,075.00. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 23-241 Councilmember Neild returned to the meeting at 3:18 p.m. (not present to vote) Minutes – August 29, 2023 6. Council to consider re-wording Proposition A and eliminating Proposition B on the City of Beaumont Charter changes. On August 15, 2023, the Council approved Charter Propositions for a Special Election to be held on November 7, 2023. Councilmembers Feldschau and Durio are requesting that Proposition B be eliminated, and Proposition A to read as follows: "Shall the City Charter of the City of Beaumont be amended to increase City Council terms from two (2) years to four (4) years with a three-term limit totaling twelve (12) years per office." Approval of the resolution. Councilmember Feldschau moved to ADOPT AN ORDINANCE AMENDING PROPOSITION A AND ELIMINATING PROPOSITION B OF THE CITY OF BEAUMONT CHARTER CHANGES. Councilmember Durio seconded the motion. After discussion Councilmember Durio motioned to amend the item to add staggard terms. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, AND NEILD NAYS: COUNCILMEMBERS FELDSCHAU AND SAMUEL MOTION PASSED Councilmember Feldschau moved to ADOPT AN ORDINANCE AMENDING PROPOSITION A AND ELIMINATING PROPOSITION B OF THE CITY OF BEAUMONT CHARTER CHANGES. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ AND FELDSCHAU NAYS: COUNCILMEMBERS SAMUEL AND NEILD MOTION PASSED ORDINANCE 23-063 PUBLIC HEARING Council to hold a Joint Public Hearing on the proposed FY 2024 Budget and the proposed 2024 Capital Program and at the conclusion of the public hearing take action to postpone the final vote on the proposed FY 2024 Budget until September 12, 2023. Public Hearing Open: 3:33 p.m. None Public Hearing Close: 3:33 p.m. Minutes – August 29, 2023 7. Council to hold a Joint Public Hearing on the proposed FY 2024 Budget and the proposed 2024 Capital Program and at the conclusion of the public hearing take action to postpone the final vote on the proposed FY 2024 Budget until September 12, 2023. The proposed FY 2024 Budget was submitted to Council on August 15, 2023, and a work session was held on August 8, 2023. The proposed 2024 Capital Program was originally submitted on May 15, 2023, and again with the proposed budget on August 15, 2023. The notice of the public hearings on the Budget and Capital Program was published on August 17, 2023. Local Government Code, Section 102.007 states that at the conclusion of the public hearing, the governing body of the municipality shall take action on the proposed budget. The council should take action to postpone the final vote on the proposed budget until September 12, 2023. Councilmember Feldschau moved to postpone the final vote on the proposed budget until September 12, 2023. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED PUBLIC HEARING Council to conduct a public hearing and consider a resolution authorizing the City Manager to submit a grant application and execute a contract with the Federal Transit Administration (FTA) to receive funds for the Zip. Public Hearing Open: 3:37 p.m. None Public Hearing Close: 3:37 p.m. 8. Council to conduct a public hearing and consider a resolution authorizing the City Manager to submit a grant application and execute a contract with the Federal Transit Administration (FTA) to receive funds for the Zip. The Zip, formerly known as Beaumont Municipal Transit, provides public transportation services for residents and visitors in the City of Beaumont. The Zip headquarters needs a roof replacement and two (2) new HVAC units. The FTA has issued a “FY 2023 Emergency Relief Grants for Public Transportation Systems Affected by Major Declared Disasters in Calendar Years 2017, 2020, 2021, and 2022. The cost to replace the roof and HVAC units is in the total amount of $840,000. This grant is a chance for the City of Beaumont to secure up to 80% of the funding covered by FTA Minutes – August 29, 2023 in the amount of $672,000 and TXDOT Transportation Development Credits to cover the remaining 20% in the amount of $168,000. TXDOT has committed the credits to the city should we be awarded the grant. Funds will come from the Federal Transit Administration and Transportation Development Credits. Source Amount Federal Transit Administration $672,000.00 Transportation Development Credits $168,000.00 City $0 Total: $840,000.00 Councilmember Durio moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO SUBMIT A GRANT APPLICATION AND EXECUTE A CONTRACT WITH THE FEDERAL TRANSIT ADMINISTRATION TO RECEIVE FUNDS FOR THE ZIP. Mayor Pro Tem Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 23-242 COMMENTS  Public Comments (Persons are limited to three minutes) Addie Allen 9695 Gross Beaumont TX  Councilmembers/City Manager/City Attorney comments on various matters (Comments can be heard or seen on the City of Beaumont website at beaumonttexas.gov) COUNCILMEMBER COMMENTS COUNCILMEMBER TEM DURIO COUNCILMEMBER GETZ MAYOR PRO TEM TURNER COUNCILMEMBER FELDSCHAU COUNCILMEMBER SAMUEL COUNCILMEMBER NEILD Minutes – August 29, 2023 CITY ATTORNEY REED CITY CLERK BROUSSARD PW DIRECTOR BARTKOWIAK ACM BOONE ACM ELLIS CFO SIMONEAUX CITY MANAGER WILLIAMS MAYOR WEST With there being no Executive Session, Council adjourned at 4:01 p.m. Roy West, Mayor Tina Broussard, City Clerk B TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: September 12, 2023 REQUESTED ACTION: Council consider a resolution approving the purchase of one fire truck. BACKGROUND A 2024 Pierce-Custom Enforcer Platform- 100’ aerial platform firetruck will be purchased from Siddons-Martin Emergency Group, of Denton, Texas, in the amount of $1,894,468. Designated to be Engine 1, the new truck will be housed at Station 9, located at 7010 Gladys Ave., and will replace unit 7051, a 1997 Pierce Pumper truck with 31,872 miles. It has exceeded the expected service life and will be disposed of according to the City surplus property policy. Pricing was obtained through Houston-Galveston Area Council (H-GAC), a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H-GAC complies with State of Texas’ procurement statutes. Funding for this purchase is actually from the projected FY25 budget, however, the need to pre- order is to attempt to secure the 33-month lead time. The manufacturer’s warranty is twelve (12) months. Delivery is expected within thirty-three months. Quote is attached. FUNDING SOURCE Capital Reserve Fund – Funds will need to be budgeted in FY2025. RECOMMENDATION Approval of the resolution. ATTACHMENTS 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 approve the purchase of one (1) 2024 Pierce-Custom Enforcer Platform- 100’ aerial platform firetruck from Siddons-Martin Emergency Group, of Denton, Texas in the amount of $1,894,468.00. 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 12th day of September, 2023. - Mayor Roy West - Proposal 2024 Beaumont Enforcer Tower Page 1 of 2 August 21, 2023 Siddons Martin Emergency Group, LLC 3500 Shelby Lane Denton, TX 76207 GDN P115891 TXDOT MVD No. A115890 August 21, 2023 BEAUMONT FIRE/RESCUE 400 WALNUT ST BEAUMONT, TX 77701 Proposal For: 2024 Beaumont Enforcer Tower Siddons-Martin Emergency Group, LLC is pleased to provide the following proposal to BEAUMONT FIRE/RESCUE. Unit will comply with all specifications attached and made a part of this proposal. Total price includes delivery FOB BEAUMONT FIRE/RESCUE and training on operation and use of the apparatus. Description Amount Qty. 1 - 1159 - Pierce-Custom Enforcer Platform - 100' RMAP (Unit Price - $1,892,468.00) Delivery within 32-33 months of order date QUOTE # - SMEG-0006059-2 Vehicle Price $1,892,468.00 1159 - UNIT TOTAL $1,892,468.00 SUB TOTAL $1,892,468.00 HGAC FS12-19 (FIRE) $2,000.00 TOTAL $1,894,468.00 Price guaranteed until 9/29/2023 Additional: 'NOTE: Due to global supply chain constraints, any delivery date contained herein is a good faith estimate as of the date of this order/contract, and merely an approximation based on current information. Delivery updates will be made available, and a final firm delivery date will be provided as soon as possible.' Taxes: Tax is not included in this proposal. In the event that the purchasing organization is not exempt from sales tax or any other applicable taxes and/or the proposed apparatus does not qualify for exempt status, it is the duty of the purchasing organization to pay any and all taxes due. Balance of sale price is due upon acceptance of the apparatus at the factory. Proposal 2024 Beaumont Enforcer Tower Page 2 of 2 August 21, 2023 Late Fee: A late fee of .033% of the sale price will be charged per day for overdue payments beginning ten (10) days after the payment is due for the first 30 days. The late fee increases to .044% per day until the payment is received. In the event a prepayment is received after the due date, the discount will be reduced by the same percentages above increasing the cost of the apparatus. Cancellation: In the event this proposal is accepted and a purchase order is issued then cancelled or terminated by Customer before completion, Siddons-Martin Emergency Group may charge a cancellation fee. The following charge schedule based on costs incurred may be applied: (A) 10% of the Purchase Price after order is accepted and entered by Manufacturer; (B) 20% of the Purchase Price after completion of the approval drawings; (C) 30% of the Purchase Price upon any material requisition. The cancellation fee will increase accordingly as costs are incurred as the order progresses through engineering and into manufacturing. Siddons-Martin Emergency Group endeavors to mitigate any such costs through the sale of such product to another purchaser; however, the customer shall remain liable for the difference between the purchase price and, if applicable, the sale price obtained by Siddons-Martin Emergency Group upon sale of the product to another purchaser, plus any costs incurred by Siddons-Martin to conduct such sale. Acceptance: In an effort to ensure the above stated terms and conditions are understood and adhered to, Siddons-Martin Emergency Group, LLC requires an authorized individual from the purchasing organization sign and date this proposal and include it with any purchase order. Upon signing of this proposal, the terms and conditions stated herein will be considered binding and accepted by the Customer. The terms and acceptance of this proposal will be governed by the laws of the state of Texas. No additional terms or conditions will be binding upon Siddons-Martin Emergency Group, LLC unless agreed to in writing and signed by a duly authorized officer of Siddons-Martin Emergency Group, LLC. Sincerely, Cory Frankum I, _____________________________, the authorized representative of BEAUMONT FIRE/RESCUE, agree to purchase the proposed and agree to the terms of this proposal and the specifications attached hereto. __________________________________________________________ Signature & Date C TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Angela Wright, Chief Technology Officer MEETING DATE: September 12, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to renew a contract with Motorola Solutions Inc. BACKGROUND The South East Texas Regional Radio System is used by Police, Fire, EMS and other departments throughout the City for daily communications. The radio system is shared with the counties of Jefferson, Hardin and Orange, the Port of Beaumont, Beaumont and Port Arthur Independent School Districts, Water District No.10, ESD1, ESD3, ESD4, Acadian Ambulance and Lamar University’s Police Department. The agreement is exempt from competitive bidding since it is available from only one source having exclusive rights to maintain the radio infrastructure. The maintenance agreement provides for constant monitoring of the radio system including all 911 dispatch centers as well as dispatching of repair personnel with replacement parts when required. Staff recommends renewing the annual Motorola maintenance contract in the amount of $1,217,912.97. This year the City of Beaumont applied and received approval for the 2021 Port Security Grant Program that covers 75% of the Motorola Maintenance. However, from the time we submitted the grant application until the Motorola contract was received Motorola increased the amount by $21,025.49. The 25% and the additional increase is divided among all agencies by the number of radios each agency has on the system. The City of Beaumont’s portion of the Motorola maintenance is $75,625.73 after all participating agencies reimburse the City for their share. FUNDING SOURCE 2021 Port Security Grant Program, General Fund, Confiscated Goods, Water, Solid Waste and Fleet Funds. RECOMMENDATION Approval of the resolution. ATTACHMENTS BEAUMONT-SETRRS Master Service Agreement 2023-2024.pdf SETRRS breakout by entity 2023-2024.xlsx 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 renew an annual contract with Motorola Solutions, Inc. of Chicago, Illinois in the amount of $1,217,912.97. 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 12th day of September, 2023. - Mayor Roy West - Date:05/03/2023 Company Name: BEAUMONT, CITY OF Required P.O. : PO # : Customer # :1013010533 Bill to Tag # : Contract Start Date :01-Sep-2023 Contract End Date :31-Aug-2024 Payment Cycle :IMMEDIATE Attn: Terry LaFleur Billing Address: 610 MARINA DR City, State, Zip: BEAUMONT , TX, 77703 Customer Contact: Terry LaFleur Phone: 2817031690 Qty Service Name Service Description Extended Amt SVC02SVC0201A ASTRO SUA II UO IMPLEMENTATION SERVICES $46,616.80 SVC02SVC0344A RELEASE IMPLEMENTATION TRAINING $0.00 SVC02SVC0343A RELEASE IMPACT TRAINING $0.00 SVC04SVC0169A SYSTEM UPGRADE AGREEMENT II $368,293.69 SVC02SVC0433A ASTRO SUA II FIELD IMPLEMENTATN SVC $46,201.85 LSV01S01109A ASTRO SYSTEM ADVANCED PLUS PACKAGE $756,800.63 Subtotal - Recurring Services $101,492.75 $1,217,912.97 Subtotal - One-Time Event Services $0.00 $0.00 Total $1,217,912.97 THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING JURISDICTIONS WHERE APPLICABLE, TO BE VERIFIED BY MOTOROLA SPECIAL INSTRUCTIONS: SETRRS Master SA 2023-2024 SERVICE AGREEMENT 500 W Monroe Street Chicago, IL. 60661 (888) 325-9336 Quote Number : QUOTE-2151240 Contract Number: USC000005054 Contract Modifier: R03-MAY-23 16:29:26 Cyber Services / Opt-In Acknowledgement Section: Note: This section is to be completed by the CSM, in conjunction and cooperation with Customer during dialog. Opt-In: Service Included in this Contract? *Service Opt-Out? ** Not Applicable (add reason code) Security Update Service (SUS) #_______ Remote Security Update Service (RSUS) #_______ Managed Detection and Response (MDR) #_______ * Service Opt-out - I have received a briefing on this service and choose not to subscribe. ** If Selecting "Not Applicable", please consider the following, and enter reason code: 1 ----- Infrastructure / Product / Release Not Supported 2 ----- Tenant or User Restrictions 3 ----- Customer Purchased / Existing Service(s) I have received Applicable Statements of Work which describe the Services and cybersecurity services provided on this Agreement. Motorola's Terms and Conditions, including the Cybersecurity Online Terms Acknowledgement, are attached hereto and incorporate the Cyber Addendum (available at https:// www.motorolasolutions.com/en_us/managed-support-services/cybersecurity.html) by reference. By signing below Customer acknowledges these terms and conditions govern all Services under this Service Agreement. AUTHORIZED CUSTOMER SIGNATURE TITLE DATE CUSTOMER (PRINT NAME) MOTOROLA REPRESENTATIVE(SIGNATURE) TITLE DATE SERVICE AGREEMENT 500 W Monroe Street Chicago, IL. 60661 (888) 325-9336 Quote Number : QUOTE-2151240 Contract Number: USC000005054 Contract Modifier: R03-MAY-23 16:29:26 Kelly Moriarty 281-703-1690 MOTOROLA REPRESENTATIVE(PRINT NAME) PHONE Company Name : BEAUMONT, CITY OF Contract Number : USC000005054 Contract Modifier : R03-MAY-23 16:29:26 Contract Start Date : 01-Sep-2023 Contract End Date : 31-Aug-2024 SERVICE AGREEMENT 500 W Monroe Street Chicago, IL. 60661 (888) 325-9336 Quote Number : QUOTE-2151240 Contract Number: USC000005054 Contract Modifier: R03-MAY-23 16:29:26 Service Terms and Conditions Motorola Solutions Inc. ("Motorola") and the customer named in this Agreement ("Customer") hereby agree as follows: Section 1. APPLICABILITY These Maintenance Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either (1) maintenance, support, or other services under a Motorola Service Agreement, or (2) installation services under a Motorola Installation Agreement. Section 2. DEFINITIONS AND INTERPRETATION 2.1 “Agreement” means these Maintenance Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Maintenance Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the cover page or attachment states otherwise. 2.2 “Equipment” means the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3 “Services” means those installation, maintenance, support, training, and other services described in this Agreement. Section 3. ACCEPTANCE Customer accepts these Maintenance Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of this Agreement begins on the “Start Date” indicated in this Agreement. Section 4. SCOPE OF SERVICES 4.1 Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement. At Customer’s request, Motorola may also provide additional services at Motorola’s then-applicable rates for the services. 4.2 If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer’s product manuals; and routine service procedures that are prescribed by Motorola will be followed 4.3 If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for that additional equipment expires. 4.4 All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer’s obligation to pay Service fees for this Equipment will terminate at the end of the month in which Motorola receives the written notice. 4.5 Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 4.6 If Equipment cannot, in Motorola’s reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or increase the price to Service that Equipment. 4.7 Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this. Section 5. EXCLUDED SERVICES 5.1 Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events. 5.2 Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web, or for Equipment malfunction caused by the transmission medium. SERVICE AGREEMENT 500 W Monroe Street Chicago, IL. 60661 (888) 325-9336 Quote Number : QUOTE-2151240 Contract Number: USC000005054 Contract Modifier: R03-MAY-23 16:29:26 Section 6. TIME AND PLACE OF SERVICE Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer’s location, Customer will provide Motorola, at no charge, a non-hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for those charges and expenses. Section 7. CUSTOMER CONTACT Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer’s personnel to maintain contact, as needed, with Motorola. Section 8. INVOICING AND PAYMENT 8.1 Customer affirms that a purchase order or notice to proceed is not required for the duration of this service contract and will appropriate funds each year through the contract end date. Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date 8.2 Customer will reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments that are levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity. The Customer will pay all invoices as received from Motorola. At the time of execution of this Agreement, the Customer will provide all necessary reference information to include on invoices for payment in accordance with this Agreement. 8.3 For multi-year service agreements, at the end of the first year of the Agreement and each year thereafter, a CPI percentage change calculation shall be performed using the U.S.Department of Labor, Consumer Price Index, all Items, Unadjusted Urban Areas (CPI-U). Should the annual inflation rate increase greater than 3% during the previous year, Motorola shall have the right to increase all future maintenance prices by the CPI increase amount exceeding 3%. All items, not seasonally adjusted shall be used as the measure of CPI for this price adjustment. Measurement will take place once the annual average for the new year has been posted by the Bureau of Labor Statistics. For purposes of illustration, if in year 5 the CPI reported an increase of 8%, Motorola may increase the Year 6 price by 5% (8%-3% base). Section 9. WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customer’s sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a pro-rata basis, the fees paid for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10. DEFAULT/TERMINATION 10.1 If either party defaults in the performance of this Agreement, the other party will give to the non-performing party a written and detailed notice of the default. The non-performing party will have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party. 10.2 Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services. 10.3 If the Customer terminates this Agreement before the end of the Term, for any reason other than Motorola default, then the Customer will pay to Motorola an early termination fee equal to the discount applied to the last three (3) years of Service payments for the original Term. Section 11. LIMITATION OF LIABILITY Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Service provided under this Agreement. SERVICE AGREEMENT 500 W Monroe Street Chicago, IL. 60661 (888) 325-9336 Quote Number : QUOTE-2151240 Contract Number: USC000005054 Contract Modifier: R03-MAY-23 16:29:26 ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account. This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. Section 12. EXCLUSIVE TERMS AND CONDITIONS 12.1 This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2 Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement will not affect its applicability. In no event will either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: the purchase order, acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the intention of both parties to override and modify this Agreement; and the purchase order, acknowledgement, or other writing is signed by authorized representatives of both parties. Section 13. PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1 Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola’s property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or as required by law, any confidential information or data to any person, or use confidential information or data for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section survive the expiration or termination of this Agreement. 13.2 Unless otherwise agreed in writing, no commercial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. 13.3 This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property, including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. Section 14. FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters. Section 15. COVENANT NOT TO EMPLOY During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law. Section 16. MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer’s custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. This property will be held by Customer for Motorola’s use without charge and may be removed from Customer’s premises by Motorola at any time without restriction. Section 17. GENERAL TERMS 17.1 If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect. 17.2 This Agreement and the rights and duties of the parties will be interpreted in accordance with the laws of the State in which the Services are performed. 17.3 Failure to exercise any right will not operate as a waiver of that right, power, or privilege. SERVICE AGREEMENT 500 W Monroe Street Chicago, IL. 60661 (888) 325-9336 Quote Number : QUOTE-2151240 Contract Number: USC000005054 Contract Modifier: R03-MAY-23 16:29:26 17.4 Neither party is liable for delays or lack of performance resulting from any causes that are beyond that party’s reasonable control, such as strikes, material shortages, or acts of God. 17.5 Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement. 17.6 Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a “Separated Business”), whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a “Separation Event”), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the Separation Event. 17.7 THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates. 17.8 If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those services on a time and materials basis at Motorola’s then effective hourly rates. 17.9 This Agreement may be executed in one or more counterparts, all of which shall be considered part of the Agreement. The parties may execute this Agreement in writing, or by electronic signature, and any such electronic signature shall have the same legal effect as a handwritten signature for the purposes of validity, enforceability and admissibility. In addition, an electronic signature, a true and correct facsimile copy or computer image of this Agreement shall be treated as and shall have the same effect as an original signed copy of this document. Revised Sept 03, 2022 SERVICE AGREEMENT 500 W Monroe Street Chicago, IL. 60661 (888) 325-9336 Quote Number : QUOTE-2151240 Contract Number: USC000005054 Contract Modifier: R03-MAY-23 16:29:26 Cybersecurity Online Terms Acknowledgement This Cybersecurity Online Terms Acknowledgement (this “Acknowledgement”) is entered into between Motorola Solutions, Inc. (“Motorola”) and the entity set forth in the signature block below (“Customer”). 1. Applicability and Self Deletion. This Cybersecurity Online Terms Acknowledgement applies to the extent cybersecurity products and services, including Remote Security Update Service, Security Update Service, and Managed Detection & Response subscription services, are purchased by or otherwise provided to Customer, including through bundled or integrated offerings or otherwise. NOTE: This Acknowledgement is self deleting if not applicable under this Section 1. 2. Online Terms Acknowledgement. The Parties acknowledge and agree that the terms of the Cyber Subscription Renewals and Integrations Addendum available at http://www.motorolasolutions.com/cyber-renewals-integrations are incorporated in and form part of the Parties’ agreement as it relates to any cybersecurity products or services sold or provided to Customer. By signing the signature block below, Customer certifies that it has read and agrees to the provisions set forth and linked on-line in this Acknowledgement. To the extent Customer is unable to access the above referenced online terms for any reason, Customer may request a paper copy from Motorola. The signatory to this Acknowledgement represents and warrants that he or she has the requisite authority to bind Customer to this Acknowledgement and referenced online terms. 3. Entire Agreement. This Acknowledgement supplements any and all applicable and existing agreements and supersedes any contrary terms as it relates to Customer's purchase of cybersecurity products and services. This Acknowledgement and referenced terms constitute the entire agreement of the parties regarding the subject matter hereof and as set out in the referenced terms, and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to this subject matter. 4. Execution and Amendments. This Acknowledgement may be executed in multiple counterparts, and will have the same legal force and effect as if the Parties had executed it as a single document. The Parties may sign in writing or by electronic signature. An electronic signature, facsimile copy, or computer image of a signature, will be treated, and will have the same effect as an original signature, and will have the same effect, as an original signed copy of this document. This Acknowledgement may be amended or modified only by a written instrument signed by authorized representatives of both Parties. The Parties hereby enter into this Acknowledgement as of the last signature date below. Revised Sept 03, 2022 SERVICE AGREEMENT 500 W Monroe Street Chicago, IL. 60661 (888) 325-9336 Quote Number : QUOTE-2151240 Contract Number: USC000005054 Contract Modifier: R03-MAY-23 16:29:26 South East Texas Regional Radio System Cost 2023-2024 Motorola Maint Breakout 25% Current System $894,210.60 $223,552.65 Added $21,025.49 due to PSG2021 short Beaumont FD/PD Dispatch $80,786.63 JCSO Dispatch $40,393.32 PA FD/PD Dispatch $52,934.66 Central Dispatch $34,122.65 Hardin County Dispatch $34,122.65 OCSO Dispatch $34,122.65 OPD Dispatch $34,122.65 Port Neches EOC $34,122.65 Total Annual combined $1,238,938.46 Costs other than Motorola Maintenance Beaumont (T1's, UPS maint, tower inspect) $165,294.40 Hardin County (T1's, Generator service, tower inspec, utilities) $33,441.95 Orange County (T1's, utilities,) $70,860.00 Jefferson County (utilities, lease, T1's) $85,334.64 Port Arthur (T1's, utilities, room alert) $24,272.30 Total Costs other than Motorola Maintenance $379,203.29 Motorola Maint Breakout 25% Match City of Beaumont $302,502.92 $75,625.73 Jefferson County $142,069.67 $35,517.42 Port Arthur Port Arthur Dispatch $52,934.66 $13,233.67 Port Arthur Maintenance $106,508.87 $26,627.22 Mid County Central Dispatch $36,828.86 $9,207.22 Port Neches EOC $34,122.65 $8,530.66 Port Neches Maintenance $29,188.46 $7,297.11 Nederland Maintenance $29,768.36 $7,442.09 Groves Maintenance $29,188.46 $7,297.11 Hardin County $113,762.68 $28,440.67 Orange County A H I N O P Q R 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Orange County Dispatch OCSO Dispatch $34,122.65 $8,530.66 OPD Dispatch $34,122.65 $8,530.66 Orange County Maintenance $187,888.61 $46,972.15 Lamar PD $15,464.08 $3,866.02 Port of Beaumont $3,866.02 $966.51 Acadian $45,619.04 $11,404.76 ESD1 $5,025.83 $1,256.46 ESD 3 $7,345.44 $1,836.36 ESD4 $9,471.75 $2,367.94 Water District 10 $7,538.74 $1,884.69 BISD $9,858.35 $2,464.59 PAISD $1,739.71 $434.93 Total Motorola Maintenance $1,238,938.46 $309,734.62 Other Costs Breakout City of Beaumont $94,022.09 $94,022.09 Jefferson County $43,117.37 $43,117.37 Port Arthur $45,166.67 $45,166.67 Central Dispatch Radios $1,147.61 $1,147.61 Port Neches $12,377.80 $12,377.80 Nederland $12,623.72 $12,623.72 Groves $12,377.80 $12,377.80 Hardin County $33,772.54 $33,772.54 Orange County $79,676.96 $79,676.96 Lamar PD $6,557.77 $6,557.77 Port of Beaumont $1,639.44 $1,639.44 Acadian $19,345.43 $19,345.43 ESD1 $2,131.28 $2,131.28 ESD 3 $3,114.94 $3,114.94 ESD 4 $4,016.64 $4,016.64 Water District 10 $3,196.91 $3,196.91 BISD $4,180.58 $4,180.58 PAISD $737.75 $737.75 Total Other Costs $379,203.29 $379,203.29 Total Yearly Costs by Jurisdiction City of Beaumont $396,525.01 $169,647.82 Jefferson County $185,187.03 $78,634.78 Port Arthur $204,610.20 $85,027.55 Mid County Central Dispatch $37,976.48 $10,354.83 Port Neches $75,688.91 $28,205.58 Nederland $42,392.08 $20,065.81 Groves $41,566.26 $19,674.91 Hardin County $147,535.21 $62,213.21 South East Texas Regional Radio System Cost 2023-2024 Motorola Maint Breakout 25% A H I N O P Q R 1 2 3 51 52 53 54 55 56 57 58 59 60 61 Orange County $335,810.86 $143,710.43 Lamar PD $22,021.86 $10,423.79 Port of Beaumont $5,505.46 $2,605.95 Acadian $64,964.48 $30,750.19 ESD1 $7,157.10 $3,387.73 ESD 3 $10,460.38 $4,951.30 ESD4 $13,488.39 $6,384.57 Water District 10 $10,735.66 $5,081.60 BISD $14,038.93 $6,645.17 PAISD $2,477.46 $1,172.68 Total Yearly Costs $1,618,141.75 $688,937.91 $130.30 PER USER FEE South East Texas Regional Radio System Cost 2023-2024 Motorola Maint Breakout 25% A H I N O P Q R 1 2 3 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 temp_231F17.xlsx Page 3 of 4 8/28/2023 7:31 PM Agency Number of Radios - Maint + Other Costs Number of Radios - Maint only City of Beaumont 1147 Jefferson County 526 Mid/South County Port Neches 151 Groves 151 Nederland 154 Central 14 Port Arthur 551 Hardin County 412 Orange County 972 BISD 51 Lamar PD - Beaumont 80 Port of Beaumont 20 Acadian 236 Water District 10 39 ESD 3 38 ESD 4 49 ESD 1 26 PAISD 9 Total Radios on System 4626 A B C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 PUBLIC HEARING Council to hold a Public Hearing on the 2023 (FY 2024) Proposed Tax Rate 1 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: September 12, 2023 REQUESTED ACTION: Council consider an ordinance adopting the FY 2024 Budget by a record vote. BACKGROUND Article VI, Section 8 of the City Charter states that “the budget shall be adopted by the favorable votes of at least a majority of all members of the Council.” Section 9 states that “the budget shall be finally adopted in accordance with the Texas Local Government Code. Should the Council take no final action in accordance with the Texas Local Government Code, the budget as submitted by the City Manager shall be deemed to have been finally adopted by the Council.” Also, SB 1760 provides that if the tax rate exceeds the no new revenue tax rate, the vote on the ordinance setting the tax rate must be a record vote and must be approved by at least 60 percent of the members of the governing body. If the tax rate vote fails, then the lower of the no new revenue tax rate or prior year tax rate will be the tax rate. Section 102.007 of the Government Code requires the vote to adopt a budget to be a record vote. In addition, the adopted budget will contain a cover page that includes the statement on whether the budget will raise more, less or the same amount of property taxes as the prior year, the record vote of each member of council by name, property tax rates for the preceding and current fiscal years, the no new revenue tax rate, the no new revenue maintenance and operations tax rate, the voter approval tax rate, and the debt rate, along with the amount of debt secured by property taxes. This information is required to be posted on the city’s website and remain there for one year after adoption of the budget. The FY 2024 Budget was submitted to Council on August 15, 2023 FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ATTACHMENTS ORDINANCE NO. ENTITLED AN ORDINANCE ADOPTING THE FY 2024 BUDGET BY A RECORD VOTE. WHEREAS, Section 102.07 of the Government Code requires a vote to adopt a budget must be a record vote; and, WHEREAS, on August 15, 2023, the City Manager submitted the FY 2024 Budget to Council; and, WHEREAS, on August 29, 2023, a public hearing was held for the FY 2024 Budget; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things approved and adopted; and, THAT the City Council of the City of Beaumont be and they are hereby authorized to adopt the FY 2024 Budget by a record vote. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of September, 2023. - Mayor Roy West - 2 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: September 12, 2023 REQUESTED ACTION: Council consider a resolution adopting the 2024 Capital Program. BACKGROUND Article VI, Section 20 states that “the Council shall, by resolution, adopt the Capital Program with or without amendment after the public hearing in accordance with the Texas Local Government Code.” The Capital Program was originally submitted to Council on May 15, 2023. Also, it was submitted to Council on August 15, 2023, with the Budget. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, Article VI, Section 20 of the City Charter states that “the Council shall, by resolution, adopt the Capital Program with or without amendment after the public hearing in accordance with the Texas Local Government Code.” WHEREAS, on August 15, 2023, the City Manager submitted the 2024 Capital Program; and, WHEREAS, on August 29, 2023, a public hearing was held for the 2024 Capital Program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council of the City of Beaumont be and they are hereby authorized to adopt the 2024 Capital Program. 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 12th day of September, 2023. - Mayor Roy West - 3 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: September 12, 2023 REQUESTED ACTION: Council consider an ordinance accepting the appraised roll and approving the property tax rate for the tax year 2023 (FY 2024). BACKGROUND The Jefferson Central Appraisal District submitted the Certified Appraisal Roll on July 20, 2023, in the amount of $10,517,782,408. Based on this taxable value, a property tax rate of $0.681485/$100 valuation for the tax year 2023 (FY 2024) is proposed, which is 1.35 cents less than the current tax rate. The tax rate would be apportioned $0.491480/$100 assessed valuation to the General Fund and $0.190005/$100 assessed valuation to the Debt Service Fund. As required by Section 26.05 of the Tax Code: The tax rate consists of two components, each of which must be approved separately by a record vote and at least 60 percent of the governing body must vote in favor of the ordinance. That ordinance must include the following statement: “THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR’S TAX RATE. THE TAX RATE WILL EFFECTIVELY BE RAISED BY 14.65% AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $20.” FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ATTACHMENTS ORDINANCE NO. ENTITLED AN ORDINANCE ACCEPTING THE CERTIFIED APPRAISAL ROLL FOR THE CITY OF BEAUMONT; ESTABLISHING A TAX RATE; PROVIDING FOR LEVYING, ASSESSING AND COLLECTING OF AD VALOREM TAXES FOR THE TAX YEAR 2023 (FY 2024); PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. WHEREAS, the Jefferson Central Appraisal District has furnished to the City of Beaumont the certified appraisal roll for the City of Beaumont as of July 20, 2023 to be $10,517,782,408.00; and, WHEREAS, the City Council finds that the appraisal roll submitted by the Jefferson Central Appraisal District should be accepted and that a tax rate in the amount of $0.681 per each $100.00 of value for the tax year 2023 (FY 2024) should be established based upon said roll; and, WHEREAS, THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR’S TAX RATE; AND WHEREAS, THE TAX RATE WILL EFFECTIVELY BE RAISED BY 14.65 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000.00 HOME BY APPROXIMATELY $20.00; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted. Section 2. That the tax roll submitted to the City Council by the Jefferson Central Appraisal District, a summary of which is attached as Exhibit "A," and showing the total net taxable assessed value of all property within the City to be $10,517,782,408.00 is hereby approved and accepted by the City of Beaumont. Section 3. That there shall be and is hereby levied and shall be assessed and collected for the tax year 2023 (FY 2024), for municipal purposes only, an ad valorem tax rate of $0.681 on each $100.00 worth of property value located within the city limits of the City of Beaumont made taxable by law, which said taxes, when collected, shall be for the purposes hereinafter set forth as follows: General Fund $0.491480/$100 Debt Service Fund $0.190005/$100 Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 5. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of September, 2023. - Mayor Roy West - 4 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: September 12, 2023 REQUESTED ACTION: Council consider an ordinance ratifying the budgeted property tax increase reflected in the FY 2024 Budget. BACKGROUND Section 102.007 of the Local Government Code includes the following: “Adoption of a budget that will require raising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget. A vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate required by Chapter 26, Tax Code, or other law.” The current tax rate of $0.695 per $100 assessed will decrease by 1.35 cents for a new tax rate of $0.681485 per $100 of assessed valuation. The budgeted revenue from property taxes is expected to be $5,645,000 more than FY 2023. Of this amount, $977,792 is attributable to new property added to the tax roll this year. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ATTACHMENTS ORDINANCE NO. ENTITLED AN ORDINANCE RATIFYING THE BUDGETED PROPERTY TAX INCREASE REFLECTED IN THE FY 2024 BUDGET. WHEREAS, the proposed FY 2024 budget will raise property taxes by 8.96%; and, WHEREAS, the adoption of a budget that will raise more revenue from property taxes than in the previous year requires a vote separate from and in addition to the vote to adopt the budget; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted. Section 2. That the property tax increase reflected in the budget which will raise more total property taxes than last year’s budget by $5,645,000.00 be and the same is hereby, by separate vote, ratified. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of September, 2023. - Mayor Roy West - 5 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: September 12, 2023 REQUESTED ACTION: Council consider an ordinance amending Section 22.05.211 of the Code of Ordinances to increase garbage rates by $1.00 per month effective October 1, 2023. BACKGROUND On August 8, 2023, Council had a budget work session and discussed the garbage collection rates and the need to increase those rates to maintain the required minimum fund balance per the financial policies approved by Council within the Budget each year. The Solid Waste Fund anticipates ending the fiscal year 2023 under the required minimum fund balance due to increased operational costs due to inflation, increased maintenance costs on heavy equipment and increased capital expenses. The proposed rate increase of $1 per month ($22.25 to $23.25) will ensure that the minimum fund balance requirement of fifteen percent (15%) is maintained per financial policies. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ATTACHMENTS ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 22, SECTIONS 22.05.211(b)(1)(A) OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, TO INCREASE GARBAGE AND TRASH RATES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 22, Sections 22.05.211(b)(1)(A) of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: Sec. 22.05.211 Residential service (b) Garbage and trash rates. No rate adjustment will be made for temporary non-use of service. Nonpayment of the collection services fee shall be sufficient grounds for discontinuance of City water service. The rate for collection outside the city limits shall be one hundred fifty (150) percent of the rate established for service inside the city limits. No type of service will be offered residences exempted under section 22.05.007(c) or for vacant lots except as provided in section 22.05.062. If a business is located in a part of a residence, a collection services fee shall be charged for each connection to the City’s water system. The following monthly rates apply for collection services: (1) The monthly rates for standard collection services shall consist of the following elements: (A) Garbage and trash collection: $23.25. A 10% discount to the garbage and trash collection fee shall apply to customers residing in single-family residences who are sixty-five (65) years of age or older. To obtain the senior citizen garbage and trash collection rate, eligible persons must file a sworn application on a form provided therefor with the Central Collections Division. The rate shall remain in effect so long as the customer residing in the single-family residence is sixty-five (65) years of age or older. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1.01.009 of the Code of Ordinances of the City of Beaumont, Texas. Section 5. This ordinance shall be effective October 1, 2023. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of September, 2023. - Mayor Roy West - 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 temp_231F17.xlsx Page 2 of 4 8/28/2023 7:31 PM 6 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: September 12, 2023 REQUESTED ACTION: Council consider amending Section 22.02.001, Water Service Rates and Section 22.02.002, Wastewater Service Rates of the Code of Ordinances to increase water rates by four percent (4%) and sewer rates by ten percent (10%) effective October 1, 2023. BACKGROUND On August 8, 2023, Council had a work session to discuss the FY 2024 Budget. During the work session, HDR and staff discussed the need for a water and sewer rate increase to support the five- year Community Investment Plan and to increase the required minimum fund balance from 15% of annual expenses to 25% of annual expenses over the next few years. The increase in minimum required fund balance is necessary in order to meet the concerns of rating agencies when the City goes to the market to issue water and sewer revenue bonds. As operating costs within the fund continue to rise due to inflation and employee increases, it is necessary to increase the revenues of the fund as well. A customer using an average of 5,000 gallons per month would see an increase in their bill by $4.80 per month from $70.06 per month to $74.86 per month. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ATTACHMENTS ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 22, WATER SERVICE RATES AND SECTION 22.02.002, WASTEWATER SERVICE RATES OF THE CODE OF ORDINANCES TO INCREASE WATER RATES. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 22, Article 22.02, Section 22.02.001 of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: Sec. 22.02.001 Water service rates. (a) Effective October 1, 2023, the following rates per month shall be the rate charged for water service furnished to customers inside and outside of the corporate limits of the City except as provided in subsection (b) of this section: Meter Size/Inches Inside City Rate Proposed Outside City Rate Proposed 5/8 $15.52 $16.14 $23.28 $24.21 1 $17.20 $17.89 $25.80 $26.83 1-1/2 $18.87 $19.62 $28.31 $29.44 2 $23.55 $24.49 $35.33 $36.74 3 $47.84 $49.75 $71.77 $74.64 4 $58.01 $60.33 $87.00 $90.48 6 $104.57 $108.75 $156.85 $163.12 8 $143.80 $149.55 $215.71 $224.34 10 $197.89 $205.81 $296.83 $308.70 12 $246.70 $256.57 $370.05 $384.85 Usage rate first 1,000 gallons Minimum Minimum Minimum Minimum Over 1,000 gallons $ per 1,000 gallons $5.25 $5.46 $7.87 $8.18 (b) Senior citizens who comply with the subsection (c) of this section, will receive a discount equivalent to one thousand (1,000) gallons of water ($5.46). (c) Eligible senior citizens shall mean customers residing in a single-family residence who are over the age of sixty- five (65) years. To obtain the monthly minimum charge deduction, persons eligible must file a sworn application on a form provided therefor, with water customer services. Upon approval of the application the senior citizen's monthly minimum charge shall be applicable for the life of the applicant. Section 2. That Chapter 22, Article 22.02, Section 22.02.002 of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: Sec. 22.02.002 Wastewater rates (a) Effective October 1, 2023, the following rates per month shall be the rate charged for wastewater services furnished to customers inside and outside of the corporate limits of the City where the wastewater produced by such customer is a normal strength wastewater (150 mg/1 lb) except as provided in subsection (b) of this section: Meter Size/Inches Inside City Rate Proposed Outside City Rate Proposed 5/8 $9.94 $10.93 $14.90 $16.39 1 $10.10 $11.11 $15.14 $16.65 1-1/2 $10.26 $11.29 $15.39 $16.93 2 $11.15 $12.27 $16.72 $18.39 3 $12.61 $13.87 $18.91 $20.80 4 $18.47 $20.32 $27.71 $30.48 6 $30.29 $33.32 $45.44 $49.98 8 $37.00 $40.70 $55.50 $61.05 10 $50.48 $55.53 $75.71 $83.28 12 $63.90 $70.29 $95.85 $105.44 Usage rate first 1,000 gallons Minimum Minimum Minimum Minimum Over 1,000 gallons $ per 1,000 gallons $4.72 $5.19 $7.07 $7.78 (b) Senior citizens who comply with subsection (c) of this section will receive a discount equivalent to one thousand (1,000) gallons of water ($5.19). (c) Eligible senior citizens shall mean customers residing in a single-family residence who are over the age of sixty-five (65) years. To obtain the monthly minimum charge deduction, persons eligible must file a sworn application on a form provided therefor, with Water Customer Services. Upon approval of the application the senior citizen’s monthly minimum charge shall be applicable for the life of the applicant. (d) Residential sewer charges shall be based on the average water bill invoiced for the months of November, December, January and February. The monthly individual sewer bill shall not exceed that average. Where no preceding November through February monthly average bill is available, water customer service will use an average bill based on six thousand (6,000) gallons per month at the 5/8-inch meter rate as the cap. (e) Commercial and industrial sewer usage charges shall be based on one hundred (100) percent of the metered water usage. In circumstances where a commercial or industrial customer desires a credit for metered water being consumed but not being returned to the sanitary sewer, it shall be the responsibility of the user to furnish to the Director of Water Utilities an engineering report, certified by a professional engineer, that justifies and supports the discharge reduction as being a continuous normal part of the process. Based on the data provided, the Director of Water Utilities may estimate said return or require submetering of the process water. Meters used for submetering shall be furnished at the customer’s expense and shall be approved by the Director of Water Utilities. Section 3. That Chapter 22, Article 22.02, Section 22.02.003 of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: Section 22.02.003 Payment of charges and deposits (a) All bills shall be computed at the herein described rates and shall be payable within thirty (30) days from the date of such bills. (b) Failure or refusal by any customer to pay any bill owed to the City, upon demand, shall constitute a breach of contract. The City Manager, or their designee, may, after proper notice, discontinue service to a customer for failure or refusal to pay any bill in full and on time. Customers may be allowed to enter into a payment plan with the City pursuant to policy approved by the City Manager. Services shall not be renewed until the customer has paid all delinquent bills or met the terms of a payment plan, plus the following applicable service charges: (1) Field collection: $20.00 (2) Disconnection: $25.00 (3) Unauthorized use: $35.00 (4) Meter removed: $50.00 (5) Service killed at the main line: $300.00 (6) Second trip for service turn-on: $15.00 (7) Turn-on fee: $15.00 (8) Returned check: $25.00 (9) Late Fee: $5.00 (10) Tampering fee: $100.00 (11) Equipment replacement: $145.00 (c) The notice to the user of failure or refusal to pay for water, sewer and sanitation services shall provide for a hearing if requested by the user. A user may request and receive a hearing concerning termination of water service and termination shall not occur until a determination of the merits of the user’s appeal is made by the person conducting the hearing. (d) An applicant for water service will be required to pay a cash deposit to secure payment of water, sewer and sanitation charges, or any other charges that may accrue. Residential customers will be required to pay a $100.00 deposit in order to commence service. Commercial and industrial businesses will require a minimum deposit of $250.00; depending on the meter size and a two (2) month average consumption history for a similar type business and one of similar size. If there is an outstanding bill due, the customer’s deposit will be applied towards the balance. If a portion or all of a deposit is used towards an outstanding bill, the difference, if any, will be required to be paid as part of the next bill and an additional deposit may be required. Failure to pay the additional deposit will forfeit the right to water, sewer and sanitation services and the same may be discontinued five (5) days after notice to pay such additional deposit. Customers who discontinue service or have their services turned off for nonpayment, will not have services restored at any address or location until all outstanding balances are paid. Section 4. That Chapter 22, Article 22.02, Section 22.02.005 of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: Sec. 22.02.005 Testing water meters (a) Any customer to whom water is furnished through a meter shall have the right to demand that their water be tested for accuracy, and when the customer wishes such test made, their shall deposit with the water department thirty dollars ($30.00) for each meter he desires to be tested. (b) If any meter through which a customer is being supplied water is found, upon test, to be inaccurate by more than two (2) percent plus, the amount deposited for making such test is to be returned to the customer and all charges against the customer shall be credited for the proportionate amount the bill is increased because of over-registration of the meter. (c) If, upon such test, the meter is found accurate, the deposit of the customer shall be retained as a fee for making such test. If the meter is found slow by more than two (2) percent, then it will be the duty of the Finance Director, or their designee, to charge the customer for any amount that may be due the City because of under-registration of the meter. (d) Any customer shall have the privilege of witnessing the test of their meter, and for that purpose shall be given notice of the time when such test is to be made. (e) Should a dispute arise between a customer and the City as to the amount of any bill and as to the number of gallons of water used by such customer, the customer, complying with subsection (a), may have their meter tested. If, however, the customer fails or refuses to have their meter tested, it shall be the duty of the City to make such test to determine whether the customer is being overcharged and shall advise the customer that such test is to be made and the time thereof, and if such test is made and it is found the meter is correctly registering within a range of two (2) percent plus or minus, then the customer’s bill, together with the testing charge above specified, shall become due and payable, and upon their refusal to pay same, the customer’s water shall be cut off and no further services rendered until delinquent bills are paid. Section 5. That Chapter 22, Article 22.02, Section 22.02.006 of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: Sec. 22.02.006 Water and sewer service outside the City No water or sewer service shall be furnished to any subdivision outside the City unless and until a plan, plat or replat shall have been first approved in the manner provided by law. If such plan, plat or replat shall have been so approved in accordance with the state statutes, the City may, if it is deemed advisable, furnish water and/or sewer service to premises outside the City limits, under the following rules: 1. Any person residing outside of the City desiring to use City utilities shall make application to the Water Department requesting service, which shall state the location of the premises to be served and the purpose for which service is to be used. Such application shall be made upon blanks furnished by the City and shall be signed by the agent or owner of the property to be served, and that person shall become liable for charges for water furnished under such services, and subject to the same remedial action as for service inside the City. 2. Water or sewer services to customers outside the city limits shall be rendered at a rate that is equal to one hundred fifty (150) percent of the rate established inside the city limits. Section 6. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 7. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 8. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code or Ordinance of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of September, 2023. - Mayor Roy West - 7 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bengy Williams, Manager – Solid Waste MEETING DATE: September 12, 2023 REQUESTED ACTION: Council consider an ordinance amending Section 22.05.214 of the Code of Ordinances to increase landfill disposal fees by $1 per cubic yard effective October 1, 2023. BACKGROUND On August 8, 2023, Council had a budget work session and discussed the landfill disposal fees and the need to increase those fees to maintain the required minimum fund balance per the financial policies approved by Council within the Budget each year. The Solid Waste Fund anticipates ending the fiscal year 2023 under the required minimum fund balance due to increased operational costs due to inflation, increased maintenance costs on heavy equipment and increased capital expenses. The proposed fee increases of $1 per cubic yard would bring the compacted refuse fee to $7.10/cy and the noncompacted refuse fee to $6.31/cy which will ensure that the minimum fund balance requirement of fifteen percent (15%) is maintained per financial policies. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ATTACHMENTS ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 22, SECTIONS 22.05.214 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, TO INCREASE LANDFILL DISPOSAL FEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 22, Sections 22.05.214 of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: All persons of the city may dispose of residential waste from their residence upon presenting proof of residency. (1) All persons of the city and other municipality under a disposal contract may dispose of residential waste from their residence upon presenting proof of residency. (2) Nonprofit charitable organizations who operate as a necessary part of their day-to-day business vehicles owned or leased by them for the transport of waste or refuse resulting from the renovation or repair of donated used material shall be exempt from the fee requirement of this section. (b) Disposal fees shall be based on collection of refuse from inside the city limits. The fee shall be assessed to the nearest cubic yard of refuse disposed. (1) Compacted refuse: $7.10/cy. (2) Noncompacted refuse: $6.31/cy Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1.01.009 of the Code of Ordinances of the City of Beaumont, Texas. Section 5. This ordinance shall be effective October 1, 2023. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of September, 2023. - Mayor Roy West - 8 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: September 12, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 5, accept maintenance, and authorize final payment to 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. 1-4, in the amount of $33,865.00 are attached for your review. Proposed Change Order No. 5, in the amount of ($60,091.40) is requested to adjust the estimated quantities in the contract to reflect the actual quantities used and the addition of 37 calendar days to reflect the actual time used in the completion of the project. If approved, the adjustment in quantities would result in a final contract amount of $563,635.40. The project has been inspected by Water Utilities and found to be complete in accordance with the provisions and terms set out in the contract. Acceptance of Change Order No. 5, maintenance, and final payment in the amount of $28,181.77 is recommended. FUNDING SOURCE American Rescue Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS Street Rehab Sewer Line Pipe Bursting Project Change Order No. 5 & Final Payment 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 temp_231F17.xlsx Page 1 of 4 8/28/2023 7:31 PM 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 Street Rehab Sewer Line Pipe Bursting Project; and, WHEREAS, Change Order Nos. 1-4, in the amount of $33,865.00 are attached; and, WHEREAS, Change Order No. 5, in the amount of ($60,091.40), is requested to adjust the estimated quantities in the contract to reflect the actual quantities used and the addition of 37 calendar days to reflect the actual time used in the completion of the project, thereby decreasing the total contract amount to $563,635.40; and, WHEREAS, the project has been inspected by the Water Utilities Division and found to be complete in accordance with the provisions and terms set forth in the contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 5, in the amount of ($60,091.40), for work described above, thereby decreasing the total contract amount to $563,635.40 for Street Rehab Sewer Line Pipe Bursting Project; and, BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of $28,181.77 to To-Mex Construction, LLC, of Houston, 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 12th day of September, 2023. - Mayor Roy West - Contract # 001.005 22-Aug-2023 03:17 PM CST Street Rehab Sewer Line Pipe Bursting Project 1350 Langham Beaumont, Texas 77706 Project Number: WU0322-16 001.005: 001.005: Change Order No. 5 Grand Total: $-60,091.40 For 001 Street Rehab Sewer Line Pipe Bursting Project Division 33 Line Item Type Unit price Group 4.0 Equipment/Closeout Scope of Work Change Order No 5 is being requested to account for quantities not used in completing the project. The project has been completed and inspected by City staff. Items removed were either over-estimated or found during construction to be in satisfactory condition. Thirty- Seven (37) additional calendar days are requested to account for supply chain issues with fiberglass manholes and the crew being pulled to assist on the Calder Place Emergency Pipe Bursting Project. Notes Awarded To Reason Code Quantity Adjustment Days Changed 37 Attachments Change Order Summary Original Contract Sum 589,861.80 Substantial Completion Date Net Cost by Previous Approved COs 33,865.00 Net Time Change By Previous COs 12 days Contract Sum Before This CO 623,726.80 Substantial Completion before This CO Contract Sum Changed By This CO -60,091.40 Time Changed By This CO 37 days New Contract Sum 563,635.40 New Substantial Completion Date All Change Orders make up -4.45% of the Original Contract Accounting and Status Accounting Status Item Id 445 To-Mex Construction LLC Maribel Torres Grand Total: -60,091.40 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 08 Line Items Item # Account Code WBS/ Section Description Quantity UoM Unit Price Total Amount 3.0 Construction 002 GC Contract 2 Full Depth Repair of Concrete Pavement (10") -128.80 SY 80.00 -10,304.00 004 GC Contract 4 Trench Excavation Protection -298.00 L.F. 4.00 -1,192.00 006 GC Contract 6 Remove and Replace or Install New Std. Fiberglass Manhole, Up to 8' Depth with All Joints & Connecti -1.00 EACH 5,345.00 -5,345.00 008 GC Contract 8 Extra Depth for New or Replacement Std. Manhole, Over 8 Feet Depth (Fiberglass) -100.00 V.F. 100.00 -10,000.00 009 GC Contract 9 Reconnect Service Connection by Excavation Including Cleanouts to Liner, Complete, All Sizes and Dep -3.00 EACH 715.00 -2,145.00 015 GC Contract 15 Pipe Bursting 12" Sewer to 12.75" OD HDPE -580.00 L.F. 53.63 -31,105.40 Total -60,091.40 Name or Role Status Actions 1 External-GC Approved Maribel Torres 21-Aug-2023 02:10 PM CST 2 Project Manager Approved Kevin Young 21-Aug-2023 02:19 PM CST 3 City Engineer Approved Amalia "Molly" Villarreal 21-Aug-2023 02:24 PM CST 4 Director Approved Bart Bartkowiak 21-Aug-2023 02:33 PM CST 5 Admin Pending 6 Assistant City Manager Waiting for previous approvals. 7 City Clerk Waiting for previous approvals. Approval Pending Due: 28-Aug-2023 Contract - 001.004 11-May-2023 09:00 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 Type Unit price Group 3.0 Construction Scope of Work The Contractor will perform Pipe Bursting tasks as noted and in accordance with the details provided in the project contract documents or 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 Reason Code Quantity Adjustment Days Changed 0 Attachments Pending Pay Item Street Rehab Project.xlsx RES 23-132 St. Rehab Sewer Line PB C_O4.pdf Change Order Summary Original Contract Sum 589,861.80 Substantial Completion Date Net Cost by Previous Approved COs 12,600.00 Net Time Change By Previous COs 12 days Contract Sum Before This CO 602,461.80 Substantial Completion before This 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 To-Mex Construction LLC Maribel Torres Grand Total: 21,265.00 Item Id 389 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 08 Line Items Item # Account Code WBS/ Section Description Quantity UoM Unit Price Total 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' Depth with All Joints & Connecti 2.00 EACH 5,345.00 10,690.00 011 GC Contract 11 Obstruction Removal by Excavation, All Sizes, All Depths, With Project Manager’s Approval 2.00 EACH 425.00 850.00 014 GC Contract 14 Pipe Bursting 6" Sewer to 8.625" OD HDPE 30.00 L.F. 42.50 1,275.00 Total 21,265.00 Name or Role Status Actions 1 External-GC Approved Maribel Torres 25-Apr-2023 02:30 PM CST 2 Project Manager Approved Kevin Young 25-Apr-2023 03:31 PM CST 3 City Engineer Approved Amalia "Molly" Villarreal 28-Apr-2023 03:42 PM CST 4 Director Approved Bart Bartkowiak 28-Apr-2023 03:58 PM CST 5 Admin Approved Dara Woodruff 10-May-2023 08:52 AM CST 6 Assistant City Manager Approved June Ellis 10-May-2023 10:50 AM CST Approval Approved Due: 17-May-2023 Name or Role Status Actions 7 City Clerk Approved Tina Broussard 10-May-2023 11:02 AM CST Created by: Kevin Young on 24-Apr-2023 Last Modified by: Tina Broussard on 10-May-2023 Invoice - 001.007 24-Aug-2023 10:17 AM CST Street Rehab Sewer Line Pipe Bursting Project 1350 Langham Beaumont, Texas 77706 Project Number: WU0322-16 001.007: To-Mex Construction LLC - Street Rehab Sewer Line Pipe Bursting Project Amount Due: $28,181.77 For Contract Contract - 001 Street Rehab Sewer Line Pipe Bursting Project Date 23-Aug-2023 Line Item Type Unit price Group 3.0 Construction Pay Period 21-Mar-2023 to 23-Aug-2023 Retainage WC 5.00 - MS 0.00 Payment To Date Due Terms Attachments Line Items Item # Account Code WBS/ Section Description Contract Total Previous Payments Quantity UoM Unit Price Work Completed (WC) Materials Stored (MS) Total % WC Retainage % MS Retainage 3.0 Construction 001 GC Contract 1 Mobilization Including Payment Bond, Performance Bond, Insurance, and Moving Equipment to Project (N 1.00 @ 17,180.44 17,180.44 0.00 LS 17,180.44 0.00 0.00 17,180.44 0.00 0.00 002 GC Contract Item # Account Code WBS/ Section Description Contract Total Previous Payments Quantity UoM Unit Price Work Completed (WC) Materials Stored (MS) Total % WC Retainage % MS Retainage 004 GC Contract 4 Trench Excavation Protection 350.00 @ 4.00 208.00 0.00 L.F. 4.00 1,192.00 0.00 1,400.00 0.00 0.00 005 GC Contract 5 Barricades, Signs, and Traffic Handling 1.00 @ 4,783.00 4,783.00 0.00 LS 4,783.00 0.00 0.00 4,783.00 0.00 0.00 006 GC Contract 6 Remove and Replace or Install New Std. Fiberglass Manhole, Up to 8' Depth with All Joints & Connecti 28.00 @ 5,345.00 144,315.00 0.00 EACH 5,345.00 5,345.00 0.00 149,660.00 0.00 0.00 007 GC Contract 7 Install New Manhole, Less than 5' Depth, With Item # Account Code WBS/ Section Description Contract Total Previous Payments Quantity UoM Unit Price Work Completed (WC) Materials Stored (MS) Total % WC Retainage % MS Retainage 011 GC Contract 11 Obstruction Removal by Excavation, All Sizes, All Depths, With Project Manager’s Approval 6.00 @ 425.00 2,550.00 0.00 EACH 425.00 0.00 0.00 2,550.00 0.00 0.00 012 GC Contract 12 Clean and Televise Sewer All Sizes and Depths as Directed by the Owners 1,500.00 @ 4.10 6,150.00 0.00 L.F. 4.10 0.00 0.00 6,150.00 0.00 0.00 014 GC Contract 14 Pipe Bursting 6" Sewer to 8.625" OD HDPE 4,268.00 @ 42.50 181,390.00 0.00 L.F. 42.50 0.00 0.00 181,390.00 0.00 0.00 015 GC Contract 15 Pipe Item # Account Code WBS/ Section Description Contract Total Previous Payments Quantity UoM Unit Price Work Completed (WC) Materials Stored (MS) Total % WC Retainage % MS Retainage 006 GC Contract 6 Remove and Replace or Install New Std. Fiberglass Manhole, Up to 8' Depth with All Joints & Connecti 2.00 @ 5,345.00 10,690.00 0.00 EACH 5,345.00 0.00 0.00 10,690.00 0.00 0.00 011 GC Contract 11 Obstruction Removal by Excavation, All Sizes, All Depths, With Project Manager’s Approval 2.00 @ 425.00 850.00 0.00 EACH 425.00 0.00 0.00 850.00 0.00 0.00 014 GC Contract 14 Pipe Bursting 6" Sewer to 8.625" OD HDPE 30.00 @ 42.50 1,275.00 0.00 L.F. 42.50 0.00 0.00 1,275.00 0.00 0.00 Grand Total: $0.00 Item # Account Code WBS/ Section Description Contract Total Previous Payments Quantity UoM Unit Price Work Completed (WC) Materials Stored (MS) Total % WC Retainage % MS Retainage 009 GC Contract 9 Reconnect Service Connection by Excavation Including Cleanouts to Liner, Complete, All Sizes and Dep -3.00 @ 715.00 0.00 0.00 EACH 715.00 -2,145.00 0.00 -2,145.00 0.00 0.00 015 GC Contract 15 Pipe Bursting 12" Sewer to 12.75" OD HDPE -580.00 @ 53.63 0.00 0.00 L.F. 53.63 -31,105.40 0.00 -31,105.40 0.00 0.00 Total -60,091.40 0.00 -60,091.40 0.00 -60,091.40 Summary 1. CONTRACT SUM + AMENDMENTS 589,861.80 2. NET CHANGE BY Change Order -26,226.40 3. CONTRACT SUM TO DATE (Line 1+ Line 2) 563,635.40 4. TOTAL COMPLETED & STORED TO DATE 563,635.40 5. RETAINAGE 5a. 5.00% Of Completed Work (Column I on Continuation Sheet) 0.00 5b. 0.00% Of Stored Material (Column J on Continuation Sheet) 0.00 TOTAL RETAINAGE (5a + 5b) 0.00 6. TOTAL EARNED LESS TOTAL RETAINAGE 563,635.40 Accounting and Payment Status Invoice Id 752 Payment Status Check #s Paid Date Paid Amount $ 0.00 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 08 Name or Role Status Actions 1 Inspector Approved Terry Croft 24-Aug-2023 07:04 AM CST 2 Project Manager Approved Kevin Young 24-Aug-2023 09:55 AM CST 3 City Engineer Approved Amalia "Molly" Villarreal 24-Aug-2023 10:00 AM CST 4 Director Approved Bart Bartkowiak 24-Aug-2023 10:14 AM CST 5 Admin Pending Created by: Kevin Young on 23-Aug-2023 Last Modified by: Bart Bartkowiak on 24-Aug-2023 Approval Pending Due: 31-Aug-2023 9 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: September 12, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a contract to King Solution Services, LLC, of Houston, for the Street Rehab Phase V Sewer Line Replacement Project. BACKGROUND The Street Rehab Phase V Sewer Line Replacement Project will rehabilitate existing sanitary sewer lines via pipe bursting methods and replace or install new manholes along streets that are planned to be rehabilitated at a later date. On August 24, 2023, four (4) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer’s Estimate for the contract is $2,290,561.60. The bid totals are indicated in the table below: Contractor Location Total Bid Amount King Solution Services, LLC Houston, TX $2,210,675.00 Lopez Utilities Contractor, LLC Houston, TX $2,303,675.00 To-Mex Construction, LLC Houston, TX $2,547,746.20 Vortex Services, LLC Houston, TX $2,942,937.50 Based on a review of the bids and required documents received, the Water Utilities staff recommends awarding the project to the lowest bidder, King Solution Services, LLC, in the amount of $2,210,675.00. A total of 270 calendar days are allocated for substantial completion of the project. FUNDING SOURCE American Rescue Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS Street Rehab Phase V Sewer Line Replacement Bid Tab RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on August 24, 2023, four (4) bids were received for the Street Rehab Phase V Sewer Line Replacement Project; and, WHEREAS, King Solution Services, LLC, of Houston, Texas, submitted a bid in the amount of $2,210,675.00 to complete the work and materials for the Street Rehab Phase V Sewer Line Replacement Project as shown in Exhibit "A," attached hereto; and, WHEREAS, the City Council is of the opinion that the bid submitted by King Solution Services, 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 King Solution Services, LLC, of Houston, Texas, in the amount of $2,210,675.00 as shown in Exhibit "A," attached hereto, for the Street Rehab Phase V Sewer Line Replacement Project; and, THAT the City Manager be and he is hereby authorized to execute a contract with King Solution Services, LLC, of Houston, Texas, for the purposes described herein; 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 12th day of September, 2023. - Mayor Roy West - 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT 535,453.63 8. CURRENT AMOUNT DUE $28,181.77 9. BALANCE TO FINISH, INCLUDING RETAINAGE (Line 3 less Line 6) 0.00 NET CHANGE by Change Order $-26,226.40 ADDITIONS DEDUCTIONS Total changes approved in previous pay periods 33,865.00 0.00 Total approved this pay period 0.00 -60,091.40 TOTAL 33,865.00 -60,091.40 Change Order Summary Total 21,265.00 21,265.00 0.00 0.00 21,265.00 Change Order No. 5 - 3.0 Construction 002 GC Contract 2 Full Depth Repair of Concrete Pavement (10") -128.80 @ 80.00 0.00 0.00 SY 80.00 -10,304.00 0.00 -10,304.00 0.00 0.00 004 GC Contract 4 Trench Excavation Protection -298.00 @ 4.00 0.00 0.00 L.F. 4.00 -1,192.00 0.00 -1,192.00 0.00 0.00 006 GC Contract 6 Remove and Replace or Install New Std. Fiberglass Manhole, Up to 8' Depth with All Joints & Connecti -1.00 @ 5,345.00 0.00 0.00 EACH 5,345.00 -5,345.00 0.00 -5,345.00 0.00 0.00 008 GC Contract 8 Extra Depth for New or Replacement Std. Manhole, Over 8 Feet Depth (Fiberglass) -100.00 @ 100.00 0.00 0.00 V.F. 100.00 -10,000.00 0.00 -10,000.00 0.00 0.00 10 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Sharae Reed, City Attorney MEETING DATE: September 12, 2023 REQUESTED ACTION: Council to consider the adoption of the disaster declaration issued by the Mayor on September 8, 2023. BACKGROUND The Governor of the State of Texas issued a disaster proclamation on July 8, 2023, certifying that exceptional drought conditions posed a threat of imminent disaster in several counties; including Jefferson County. On August 14, 2023, the City initiated Stage 2 drought restrictions pursuant to Article 22.06 Drought Contingency Plan of the City Code of Ordinances. After several weeks of continued lack of rain and excessive heat the City of Beaumont has had to increase drought restrictions to Stage 3. The City has experienced several major and minor water leaks and the demand for water has increased. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ATTACHMENTS ORDINANCE NO. DECLARING AN EMERGENCY UNTIL THE STATE OF DISASTER IS TERMINATED; PROVIDING NOTICE; PROVIDING A PENALTY; PROVIDING SERVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is the finding of City Council of the City of Beaumont that the excessive heat and continued lack of rain has caused severe drought conditions and its impact upon the property and inhabitants of the City of Beaumont has the potential for widespread and severe damage, injury, and potential loss of life and property which requires extraordinary measures to alleviate the suffering of people and to protect and rehabilitate property; and, WHEREAS, on July 8, 2023 the Governor of the State of Texas proclaimed that the exceptional drought conditions pose an imminent disaster to Jefferson County; and, WHEREAS, the City of Beaumont's Drought Contingency Plan was initiated on August 14, 2023; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS: Section 1. That in accordance with Section 418.108 of the Texas Disaster Act of 1975, Government Code of Texas, and Section of the City Code of Ordinances, the City Council finds and declares a state of disaster and emergency exists in the City of Beaumont as a result of the drought. Section 2. That any emergency proclamations, orders, regulations, or curfews issued by the Mayor as Director of Emergency Management are hereby confirmed and ratified. Section 3. The Mayor as Director of Emergency Management is hereby authorized to provide, or cause to be provided, all arrangements, provisions and means he deems necessary and proper to effect coordination of relief and aid programs, and property restoration and rehabilitation programs, for the protection, preservation and improvement of life and property within the City during the state of emergency. Section 4. That the State of Disaster proclaimed for the City of Beaumont by the Mayor on September 8, 2023 shall continue until terminated by an act of the City Council. Section 5. This declaration of local disaster activates the recovery and rehabilitation aspects of all applicable local emergency management plans and authorizes the furnishing of aid and assistance under the declaration. The preparedness and response aspects of the City of Beaumont' s Emergency Management Plan are hereby activated as provided in the plan. Section 6. This ordinance shall be given prompt and general publicity and shall be filed promptly with the City Clerk. Section 7. There is hereby prescribed, as authorized by Section 418.173 of the Texas Disaster Act of 1975, a punishment of a fine not to exceed $1,000.00 or confinement in jail for a term not to exceed 180 days for the offense of failure to comply with a rule, order, or ordinance adopted under the Beaumont Emergency Management Plan. Section 8. If for any reason any section, paragraph, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite invent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. Section 9. The necessity to immediately reduce to writing the fact that a state of disaster and emergency exists in the City as a result of the drought and to ratify and affirm the emergency regulations, orders and actions heretofore issued by the Mayor and/ or the City Manager creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that every ordinance imposing a penalty, fine, imprisonment or forfeiture for violation of its provisions be published within ten (10) days after passage thereof for three (3) successive days, and the Mayor or Council members, properly convened, having declared that such emergency and necessity exists, having requested that such Charter rule be suspended and that this ordinance as an emergency measure be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY ORDANIED on this 12 th day of September, 2023. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of September, 2023. - Mayor Roy West – WORK SESSION Council to conduct a Work Session to review and discuss amendments to gaming site regulations and licensing Bursting 12" Sewer to 12.75" OD HDPE 2,272.00 @ 53.63 90,741.96 0.00 L.F. 53.63 31,105.40 0.00 121,847.36 0.00 0.00 Total 589,861.80 529,770.40 60,091.40 0.00 589,861.80 Change Order No. 2 - 3.0 Construction 016 GC Contract 16 Point Repair 2.00 @ 4,050.00 8,100.00 0.00 EACH 4,050.00 0.00 0.00 8,100.00 0.00 0.00 Total 8,100.00 8,100.00 0.00 0.00 8,100.00 Change Order No. 3 - 3.0 Construction 017 GC Contract 17 Point Repair, Cast Iron Pipe removal & replacement with 8.625" HDPE pipe, sealing of conflict box 1.00 @ 4,500.00 4,500.00 0.00 LS 4,500.00 0.00 0.00 4,500.00 0.00 0.00 Total 4,500.00 4,500.00 0.00 0.00 4,500.00 Change Order No. 4 - 3.0 Construction 003 GC Contract 3 Flexible Pavement Structure Repair (4") 130.00 @ 65.00 8,450.00 0.00 SY 65.00 0.00 0.00 8,450.00 0.00 0.00 All Joints & Connections (Fiberglass) 2.00 @ 4,433.00 8,866.00 0.00 EACH 4,433.00 0.00 0.00 8,866.00 0.00 0.00 008 GC Contract 8 Extra Depth for New or Replacement Std. Manhole, Over 8 Feet Depth (Fiberglass) 100.00 @ 100.00 0.00 0.00 V.F. 100.00 10,000.00 0.00 10,000.00 0.00 0.00 009 GC Contract 9 Reconnect Service Connection by Excavation Including Cleanouts to Liner, Complete, All Sizes and Dep 80.00 @ 715.00 55,055.00 0.00 EACH 715.00 2,145.00 0.00 57,200.00 0.00 0.00 010 GC Contract 10 Furnish and Install End- of-Line Cleanout by Excavation 1.00 @ 585.00 585.00 0.00 EACH 585.00 0.00 0.00 585.00 0.00 0.00 2 Full Depth Repair of Concrete Pavement (10") 150.00 @ 80.00 1,696.00 0.00 SY 80.00 10,304.00 0.00 12,000.00 0.00 0.00 003 GC Contract 3 Flexible Pavement Structure Repair (4") 250.00 @ 65.00 16,250.00 0.00 SY 65.00 0.00 0.00 16,250.00 0.00 0.00 To-Mex Construction LLC Maribel Torres