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HomeMy WebLinkAboutPACKET JULY 20 2004 K 0 ® Beaumont AFGULAR MEETING OF THE CITY COUNC- COUNCIL CHAMBERS JULY 20, 2004 1:30 P.M. AGENDA CALL TO ORDER Invocation Pledge Roll Call Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items 1-3/Consent Agenda Consent Agenda (GENERAL BUSINESS I Consider approving an agreement between the City of Beaumont and the Texas Engineering Extension Service (TEEX)to utilize a State Homeland Security sub-grant 2. Consider approving a contract for preventative maintenance of city-owned vehicles and equipment W® SESSION Review and discuss a proposed thirty(30)year lease agreement of the Beaumont Fire Training Grounds 3. Consider approving a thirty(30) year lease.agreement ofthe Beaumont Fire Training Grounds COMMENTS Councilmembers/City Manager comment on various matters Public Comment (Persons are limited to 3-minutes) EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Douglas Manning, et al v City of Beaumont Claim of Donna Manning Persons with disabilities who plan to attend this meeting-and.who may need auxiliary aids or services are requested to contact Pat Buehrle at 880-3725-a day prior to the meeting. 1 July 20,2004 Consider approving an agreement between the City of Beaumont and the Texas Engineering Extension Service (TEEX)to utilize a State Homeland Security sub-grant V^W City of Beaumont qw_ Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: R.J. Smith, Sergeant MEETING DATE: July 20, 2004 AGENDA MEMO DATE: June 24, 2004 REQUESTED ACTION: Council approval of an agreement between the City of Beaumont and the Texas Engineering Extension Service- TEEX initiating a contract to utilize the State Homeland Security sub-grant. RECOMMENDATION: Council consideration to authorize the City Manager to sign an agreement initiating a contract to utilize the State Homeland Security sub-grant. BACKGROUND: The State of Texas has$25 million available for the Law Enforcement Terrorism Prevention Program (LETPP). The FY 2004 LETPP will provide law enforcement communities with funds to support the following prevention activities: information sharing to preempt terrorist attacks; target hardening to reduce vulnerability of selected high value targets; recognition of potential or developing threats; interoperable communications;and intervention of terrorists before they can execute a threat. These funds may be used for planning,organization,training, exercises, and equipment. TEEX, who is responsible for allocating the LETTP grants, notified Mayor Lord, that the City of Beaumont will receive a base equipment grant in the amount of$75,126. TEEX also provided a regional allocation of$575,622.57. Of this regional amount, approximately $367,000 will go to agencies in Jefferson County to provide for communications interoperability. The proposed agreement provides the process and timeline that will be followed during the administration of the LETPP Law Enforcement Terrorism Prevention Program Grant. It outlines certain project tasks, involving the procurement and management of the equipment. The period for performance would become effective December 1,2003 and terminate November 30,2005.The total budget amount shall not exceed$75,126. Page 2 June 24, 2004 City of Beaumont and TEEX Agreement Agenda Memo BUDGETARY IMPACT: None. PREVIOUS ACTION: None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Police Chief. 2 July 20,2004 Consider approving a contract for preventative maintenance of city-owned vehicles and equipment Cit y of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: July 20, 2004 AGENDA MEMO DATE: July 14, 2004 REQUESTED ACTION: Council approval of an annual contract for automotive preventative maintenance. RECOMMENDATION Administration recommends award of a one (1)year contract to JMPKL, Inc. dba The Lube Shop for automotive preventative maintenance at the unit costs reflected in the attached tabulation with an estimated total annual expenditure of$70,152.36. An option for an additional year at the same pricing is available at the City's discretion. BACKGROUND Bids were requested for a one (1) year contract for automotive preventative maintenance to maintain city-owned vehicles and equipment. Sixteen (16) vendors were notified with two (2) submitting bids as reflected in the attached bid tabulation. The Lube Shop has satisfactorily held the contract to service City vehicles for the past five (5) years. The company has locations at 5030 College Street and 5340 Eastex Freeway. The multiple locations ensure a sufficient number of service bays to timely handle the volume of work required. It is estimated that the awarded vendor will provide approximately 2,725 maintenance service orders for 460 City vehicles during the annual contract period. Additional pricing was obtained for transmission fluids and service, air and fuel filters, and various parts and services to be purchased as needed. BUDGETARY IMPACT Funds are available for this expenditure in the Fleet Management Division's operating budget. Annual Contract for Automotive Preventative Maintenance July 14, 2004 Page 2 PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMM ENDED BY City Manager. BID TABULATION FOR AUTOMOTIVE PREVENTATIVE MAINTENANCE BID NUMBER:RF0050438 BID OPENING DATE:JULY 1,2004 PART I-ROUTINE MAINTENANCE The co Shop` East Texas Transit Systems,Inc. C I Beaumont,TX I Longview.TX MONTHLY DESCRIPTION Unit Total Unit Total 120 Automobiles,includes 5 quarts of oil $19.881 $2,385.60 $27.95 $3,354.00 45 Gasoline Pick Up Trucks,includes 5 quarts of oil $19.88 $894.601 $28.95 $1,302.75 20 Diesel Pick Up Trucks,includes 10 quarts of oil $40.99 $819.801 $34.95 $699.00 30 Diesel Pick Up Trucks,includes 14,quarts of oil $49.99 $1,499.70 I $44.95 $1,348.50 5 Vans,includes 5 quarts of oil $19.88 $99.40 $29.95 $149.75 j 7 Generators,Onan 4500 oil change $20.99 $146.93 $42.95 $300.65 MONTHLY TOTAL $5,846.03, $7,154.65 ESTIMATED ANNUAL TOTAL-ROUTINE MAINTENANCE $70,152.36 $85,855.80 1998 and later 6 Ford Crown Victoria,4.6 Liter V8 Gasoline j Automatic Transmission Service $59.99 $82.00 Air Filter $5.49 $30.00 Fuel Filter $15.991 $24.00 2000-01 Chevrolet Impala,3.87 Liter V6 Gasoline Automatic Transmission Service $39.99'' $82.00 Air Filter $7.49 $30.00 Fuel Filter $15;99' $24.00 1998 GMC 1/2 Ton Pick Up,4.3 Liter V6 Gasoline Automatic Transmission Service $39.99' $82.00 Air Filter $15.99 $30.00 Fuel Filter $15.99 $24.00 2000 Ford F350 Pick Up,7.3T-V Diesel Automatic Transmission Service $49.99 $82.00 Air Filter. $16.99 $30.00 Fuel Filter $38.99' $24.00 PART II-ADDITIONAL PARTS PRICING I Automatic transmission fluid-quart,DEXRON III $1.65 $2.05 Automatic transmission fluid-quart,MERCON V $2.65 $2.05 Engine oil-quart,above crankcase capacity $1,991 $2.051 Percentage discount for filters not listed cost+20% NA State inspection yes yes Percentage discount for serpentine belts _ cost+15%o NA Labor charge,serpentine belt replacement $10.00' $55.001 Radiator flush-gallon,Dex-Cool AF $9,99' NA Labor charge,radiator flush $20.00 $55.00 3 step fuel injection service $29.99 $79.00 Windshield wiper full frame replacement,16-21" $6.00' $30.00 Windshield wiper full frame replacement,22-24" $7.00' $30.00 Replacement fuel tank ca $9.99' $10.00 WORK SESSION * Review and discuss a proposed thirty (30) year lease agreement of the Beaumont Fire Training Grounds 3 July 20,2004 Consider approving a thirty(30)year lease agreement of the Beaumont Fire Training Grounds Cl of Beaumont QUO- Council Agenda Item EL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: July 20, 2004 AGENDA MEMO DATE: July 14, 2004 REQUESTED ACTION: Council consider award of a thirty (30) year lease agreement of the Beaumont Fire Training Grounds. RECOMMENDATION Administration recommends awarding a thirty(30)year lease to Industrial Safety Training Council (ISTC)for the management and operation of the Beaumont Fire Training Grounds. BACKGROUND Three (3) proposals were received on May 13, 2004 for leasing the Fire Training Grounds located on Marina Drive. The Beaumont Fire Training Grounds was created in the late 60's for training the City's firefighters. Over the years, it has become a multi-faceted training center for industry, volunteer and municipal fire departments. Through courses offered by Lamar Institute of Technology (LIT) and Lamar University (Lamar), students have received accreditation in Industrial and Hazardous Materials Training and Firefighting technology. Lamar,LIT and private companies pay a rental fee for use of the facility. Over the past five(5)years, revenue generated from rental fees average$300,000 annually. Lamar and LIT negotiate rental rates every two years. Upon expiration of their contract in 2003, a negotiated rate could not be agreed upon and Lamar has continued to operate at the training grounds on a month-to-month basis. Presently, Lamar pays$21,500 per month and LIT pays $5,000 per fire training academy which is conducted twice per year. Although rental rates average$300,000 annually,the City's General Fund must subsidize the Training Grounds budget. The current budget of$555,000 includes operational costs,water and sewer costs Fire Training Grounds Lease July 14, 2004 Page 2 and a debt service payment for capital improvements completed in 1998. Costs for these improvements totaled$1.5M with annual debt service payments of$130,000 for twenty(20)years. Since 1998,there has not been any funding allocated for major capital improvements. Improvements to the training project sites and fuel lines are a current critical need. The rental fees do not generate enough monies to fund capital improvements. To continue operations and bring the training project sites and the facilities up to an acceptable marketable condition, substantial funds would have to be allocated annually in the future from the General Fund. During the past year,other agencies and entities have expressed an interest in leasing and operating the training facility. Increasing operating costs,uncertain future revenue,lack of funding for capital projects, declining student enrollment, coupled with interest from others contributed to the decision to solicit proposals for leasing the training grounds. A committee consisting of representatives from the Fire Department,City Attorney's office,Finance Office and the Central Services Department met and developed the request for proposal for the sale or lease of the Beaumont Fire Training Grounds. LamarILIT of Beaumont, Texas Engineering Extension Service(TEEX)a division of the Texas A&M University System of College Station, and Industrial Safety and Training Council (ISTC) of Nederland submitted proposals for leasing the facility. Each was reviewed and evaluated by the committee members. Both Lamar/LIT and TEEX proposed leasing the facility assuming only limited operational and financial responsibility. Lamar/LIT proposed a one(1)year lease for the operation and management of the facility by providing routine maintenance and upkeep of the projects. The City would remain responsible for major repairs and capital improvements. Their proposal included the condition that the City commence work on three (3) major projects within six (6) months. The three projects included repairing or replacing the fire pump system, repair or replacing the process unit pad and repairing the dike. According to the Fire Department, cost for these repairs will be in excess of $250,000. The proposed lease included incremental increases from $200,000 for the 1' year to $310,265 for the 10°i year with annual renewal options not to exceed ten(10)years. TEEX proposed a three(3)year lease for the operation and management of the facility by providing routine maintenance and upkeep of the facility excluding all major capital expenditures. They proposed a payment schedule of$240,000 for the first year with the condition that$40,000 be placed in a`Fire Field Prop Improvement Fund"for capital improvements. In the 2nd and 3'years, funds generated from a bonus payment calculated from the number of student hours exceeding 32,000,must also be transferred to the"Fire Field Prop Improvement Fund". Monies from this fund must be used to fund capital improvement projects. Fire Training Grounds Lease July 14, 2004 Page 3 Both TEEX and Lamar/LIT proposals would require substantial funding from the City to maintain the infrastructure of the facility. The proposed rental rates cannot adequately fund the needed improvements, the debt service payment from the General Fund and the water and sewer costs. The third proposal reviewed was submitted by Industrial Safety Training Council(ISTC). The ISTC proposal provided for a thirty(30)year lease relieving the City of all responsibility for maintenance, capital costs and operation of the property. ISTC's proposal included funding all major capital improvement projects at no additional cost to the City. They proposed a base rental fee of $11,111.11 per month for the first fourteen(14)years with the first eighteen(18) months totaling $200,000 paid in advance upon execution of the lease. The expiration of the first fourteen(14)years coincides with the final debt service payment. The monthly payment for the remaining sixteen(16) years of the lease agreement proposed is $8,700 per month. The lease payments will be adjusted annually based on the Consumer Price Index(CPI)beginning on the 25`h month of the lease. The lease payments beginning in the 15'year of the lease will be adjusted based on the increase in the C.P.I. from 2005 until 2016 with the escalator applied each year thereafter. Additionally, ISTC will be responsible for all utility costs including water and sewer. ISTC is a thirteen (13) year old non-profit, safety and training organization based in the Golden Triangle. Initially funded in 1991 by local industry to centralize safety training for the area plant and refinery contractors, it now conducts the plant and refineries operational safety and emergency procedures training. They have a subscriber base of approximately 900 members and service approximately 6,000 contractor's companies. ISTC provides site-specific training for 49 different refineries, petrochemical plants, offshore marine facilities, paper mill plants and energy producing facilities. ISTC will continue to offer Texas Commission on Fire Protection approved courses through a partnership with LIT in the following areas: Municipal Firefighting Academy Driver/Operator-Pumper Training Hazardous Materials Technician Training Inspector Training Facility Fire&Arson Training Marine Fire Suppression Training Fire Officer I training Fire Officer II training Structural Fire Suppression Training Fire Training Grounds Lease July 14, 2004 Page 4 ISTC plans to offer the same courses that are presently provided in industrial firefighting as well as additional curriculum required by the Homeland Security Department's National Incident Management System(NIMS), new Maritime Security regulations, Management of Mass Casualty Incidents for EMS workers, Municipal Confined Space training that is accredited by Texas Commission on Environmental Quality(TCEQ)for Wastewater Worker Continuing Education Units. The Beaumont Fire Department will continue to have access to the facility for firefighting training free of charge. Courses provided by ISTC will also be available to up to three (3) Beaumont Firefighters if space is available at no cost to the City. Training for three(3)Beaumont Firefighters was a specific requirement stated in the RFP. A copy of the proposed lease agreement, in its substantial form, is provided for your review. BUDGETARY IMPACT The annual budget of the Fire Training Grounds will be eliminated. Rental fees will be deposited to the General Fund to offset the debt service payment. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Fire Chief. STATE OF TEXAS § COUNTY OF JEFFERSON § LEASE AGREEMENT THIS AGREEMENT entered effective the day of , 200 , by and between the City of Beaumont, a home-rule city, herein called LESSOR, and Industrial Safety Training Council, herein called LESSEE. WITNESSETH : LESSOR does by these presents lease and demise unto LESSEE the property described on Exhibit "A" (leased premises) and made a part hereof for all purposes for a term of three hundred sixty (360) months, beginning on September 1, 2004 and ending on August 31, 2034, (the "Primary Term") to be used for its lawful purpose and paying therefor rent in the following amounts: 1. Monthly base rental of $11,111.11 for the first 168 months with the base rent for the first 18 months ($200,000) payable upon execution of this Lease; then $8,700.00 per month for the remaining 192 months of the primary term. Payments of base rent are due on the 1St day of each month. In addition to base rental, LESSEE shall pay additional rent based upon the increase in the Houston/Galveston/Brazoria Consumer Price Index (C.P.I.) as reported by the United States Department of Labor, Bureau of Labor Statistics, to be calculated as follows: The year 2005 will be the base year for calculations hereunder. Thereafter, beginning on the 25th month of this lease, an adjustment based on the increase in the C.P.I. will be added to the monthly payment annually through the first fourteen (14) years of the lease. Rental beginning in the fifteenth (15th) year will be calculated at $8,700 per month plus an adjustment based on the increase in the C.P.I. from 2005 Page 1 GARMWAGREEMENTSUSTC-FIRE TRNGGRNDS r until 2016 (the 14th year of the lease) (e.g. If the C.P.I. has increased a total of 15% over that period, the monthly rental in the 15th year would be $10,005 [$8,700 plus 15% of $8,700 or $1,305]). The C.P.I. escalator will be applied each year thereafter during the term of the lease. Rental shall be due on the dates stated above. Rental payments which are paid after the last day of each month shall be assessed a $500 late fee; unpaid rental after such thirty (30) day grace period shall bear interest at ten percent (10%) per annum and such failure to make a timely payment shall be considered a breach of this lease. 2. If LESSEE is not then in default, it may renew this Lease for an additional term to be agreed upon between LESSOR and LESSEE no later than one year prior to the expiration of the primary term. 3. LESSEE shall pay rental installments to LESSOR in person at 801 Main Street, Suite 110, Beaumont, Texas, 77701, or by mail at P. 0. Box 3827, Attn: Cash Management Division, Beaumont, Texas, 77704, or at such other place as LESSOR may from time to time instruct LESSEE in writing. 4. LESSEE shall take good care of the property and its fixtures, and suffer no waste. 5. LESSEE has inspected the premises and agrees to accept possession of the premises in its present condition. 6. LESSEE shall be responsible for the erection and maintenance of all signs and trade fixtures on the leased premises relating to LESSEE'S programs. Page 2 GARMWAGREEMENTMSTC-FIRE TRNG GRNDS 7. LESSEE will use the leased premises for emergency services educational purposes. LESSEE will allow LESSOR to send up to three (3) students free of charge to attend any such class presented by LESSEE. 8. LESSEE recognizes that various hazardous and environmentally dangerous products are necessary to the educational process of teaching fire technology and assumes full and complete responsibility for all spills, leaks and/or environmental liability that may occur as a result of LESSEE'S operations on the leased premises. LESSOR currently has permits from the Railroad Commission of Texas, the Texas Commission on Environmental Quality, Texas General Land Office and the Environmental Protection Agency which are necessary for operation of the leased premises as a fire training facility. LESSOR will maintain any and all permits required by any governmental body having jurisdiction which are necessary to the operation of the property as a training facility as in periods prior to this Lease, and LESSEE will reimburse LESSOR for LESSOR'S expenses in maintaining said permits. Should any of these permits be revoked or lost for any reason such that LESSEE may no longer be allowed to continue its use of the premises, this lease shall terminate at LESSEE'S option and rent shall be prorated to the date of such event. 9. LESSEE shall be solely responsible for all maintenance, repairs, capital expenditures, operational costs and overhead of the lease premises during the term of this lease. It is the intent of the parties that LESSOR shall have no obligation to incur any costs associated with the use, occupancy or operation of the lease premises during the term of this lease, except utility costs associated with LESSOR's use of its office and classroom. Page 3 GARMWWGREEMENTs4STC-FIRE TRNG GRNDS 10. LESSEE will be responsible for payment of all utilities, including water and sewer usage, except that associated with LESSOR's classroom and office on the lease premises. 11. LESSEE shall, in case of fire or other casualty damage, give immediate notice to LESSOR. If the premises are so damaged as to be unfit for occupancy, LESSOR or LESSEE may elect to terminate this lease, in which case LESSEE rental will be prorated to the date of such damage. 12. The LESSOR shall have access to all projects and facilities to train its firefighters a minimum of nine (9) days per month upon written consent from LESSEE, which consent shall not be unreasonably withheld, and at times that do not conflict with LESSEE'S use of the premises. LESSOR will maintain the Beaumont Fire/Rescue classroom and one (1) office on the premises to conduct Beaumont Fire Department training classes. LESSEE is free to use the "brown" classroom, but not the Beaumont Fire/Rescue classroom, if available, upon 10 days advance notice to LESSOR. LESSOR shall have access to the "drafting pit"for testing of its pumps. 13. LESSOR has previously scheduled events on the premises and LESSEE agrees to honor the scheduled dates and rates for such use of the premises by others during the year 2004, limited to those listed on Exhibit "B" attached hereto. 14. LESSEE will adopt rules for the use of the property and the hours of operation, and will provide copies of same to LESSOR for its consent and comment by December 31, 2004. LESSOR's consent will not be unreasonably withheld. 15. In case of default in any of the covenants herein, LESSOR may enforce the performance of this lease in any manner provided by law, and this lease may be Page 4 GARMMAGREEMENTsUSTC-FIRE TRNG GRNDS forfeited at LESSOR'S discretion if such default shall continue for a period of sixty (60) days after LESSOR notifies LESSEE of such default and its intention to declare the lease forfeited. Such notice to be sent by certified mail to LESSEE'S address as shown herein or delivered to LESSEE in any other manner, including leaving such notice at the demised premises. Unless LESSEE shall have completely removed or cured said default, this lease shall cease and come to an end as if that were the day originally fixed herein for the expiration of the term and LESSOR'S agent or attorney shall have the right, without further notice or demand, to re-enter and remove all persons and LESSEE'S property therefrom without being deemed guilty of any manner of trespass. 16. LESSOR shall not be liable to LESSEE or to LESSEE'S employees, patrons, or visitors, for any damage to person or property due to the buildings on said premises or any appurtenances thereof being improperly constructed, or being or becoming out of repair, nor for any damage from the defects or want of repair of any part of,the building of which the leased premises form a part, but the LESSEE accepts such premises as suitable for the purposes for which same are leased and accepts the buildings and each and every appurtenance thereof, and waives defects therein and agrees to hold the LESSOR harmless from all claims for any such damage. LESSOR and LESSEE will conduct an examination of the property upon commencement of this Lease and will prepare a written condition inventory of the buildings and improvements, signed by authorized agents of LESSOR and LESSEE, which will conclusively establish the condition of the buildings and improvements upon commencement of this Lease. Page 5 GA RMWAGREEMENTSIISTC-FIRE TRNGGRNDS 17. To the extent allowed by law, and only to the extent of insurance coverage actually paid by LESSEE'S insurers, LESSEE agrees to indemnify and hold LESSOR harmless against any and all claims, demands, damages, costs and expenses, including reasonable attorney fees for the defense thereof, arising from the conduct or management of LESSEE'S use of the leased premises or from any breach on the part of LESSEE of any conditions of this lease, or from any act of negligence or allegation of negligence of LESSEE or LESSOR, their officers, employees, agents, contractors, subtenants, concessionaires, or licensees in or about the leased premises. 18. If, during the term of this lease, there is a taking of the leased premises or so large a part thereof as to render the remainder unsuitable for the continuation of LESSEE'S activities by any governmental authority under the power of eminent domain, then the LESSOR may elect to terminate this lease or to continue the same in effect but if LESSOR elects to continue the lease, the rental hereunder shall be reduced proportionately to the same extent, that the leased premises are taken. The provisions hereof shall be applicable to any conveyance in lieu of condemnation proceedings. All sums awarded or agreed upon between LESSOR and the condemning authority for the taking of the fee or the leasehold interest, whether as damages or as compensation, shall be the property of the LESSOR. Any amount specifically awarded to the LESSEE by the condemning authority for the taking of tenant's trade fixtures or other equipment shall be the property of the LESSEE. Page 6 GA RMMAGREEMENTSUSTC-FIRE TRNGGRNDS 19. During all times this lease is in effect, LESSEE must, at LESSEE'S expense, maintain in full force and effect from an insurer authorized to do business in Texas public liability insurance and other coverages as set out in Attachment "A" in the bid document covering operations hazards in an amount not less than $1,000,000 per occurrence, $5,000,000 in the aggregate on an occurrence basis naming LESSOR as a named insured. Should LESSOR determine at anytime during the term of this lease that the amount of the above coverage is inadequate, it shall notify LESSEE in writing to increase the amount of such insurance to a higher amount as determined by LESSOR. 20. LESSEE, with approval of LESSOR, and at its own expense, may make alterations, additions and improvements in and to said premises. All such alterations, additions and improvements shall belong to LESSOR and become a part of the premises so demised unless LESSOR and LESSEE agree otherwise in writing. 21. LESSEE agrees to abide by the LESSOR's "Spill Response Plan" attached hereto as Exhibit `B," specifically including, but not limited to, maintaining the existing trailer and booms and spill kits and not using them in any training. 22. At the termination of this lease, by lapse of time or otherwise, LESSEE agrees to surrender and yield to LESSOR immediate peaceful possession of the leased premises, together with all additions and improvements thereto which are not allowed by LESSOR to be removed; to surrender and turn over to LESSOR all keys to said premises, and deliver possession of the premises in as good condition as received, Page 7 GARMMAGREEMENTSUSTC-FIRE TRNG GRNDS ordinary wear and tear and damages by casualty not caused by the negligence or willful act of LESSEE, its agents, servants, or employees excepted. 23. LESSOR shall have the right to assign in whole or in part, each and every, all and singular its rights under this lease agreement and to convey all or any part of the property and improvements the subject hereof, subject however to the terms and conditions thereof. 24. It is expressly understood, covenanted and agreed, anything to the contrary herein appearing notwithstanding, that upon the expiration of this lease and any renewal or extension thereof, the above-described property shall remain the property of LESSOR, together with all improvements, alterations and additions thereto, except such as LESSOR expressly allows to be removed by LESSEE. LESSEE agrees to repair any and all damage to said premises caused by removal of any improvement, alteration or additions so allowed to be removed by LESSOR. 25. Any holding over by LESSEE after the expiration of the primary term of this lease shall operate as a tenancy from month-to-month at a rental of $8,700 per month plus an escalation amount as defined in paragraph 1 hereof. 26. Words of any gender used in this lease shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, unless the context otherwise requires. Page 8 GA RMWWGREEMENTsUSTC-FIRE TRNGGRNDS t 27. It is not a waiver of default if the non-defaulting party fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in this lease does not preclude pursuit of other remedies in this lease as provided by law. 28. LESSOR and LESSEE shall submit in good faith to mediation before filing a suit for damages. 29. All of the covenants, agreements, terms and conditions to be observed and performed by the parties hereto shall be applicable to and binding upon their respective successors and, to the extent assignment is permitted hereunder, their respective assigns. 30. This agreement shall be construed under and in accordance with the laws of the State of Texas. 31. Venue is in the county in which the premises are located, i.e. Jefferson County. 32. Nothing herein contained shall be deemed or construed by the parties hereto, nor by a third party, to be a creation of the relationship of principal and agent, or of partnership, or of joint venture between the parties. Neither computation of rent, nor any other provision contained herein, nor any acts of the parties hereto, shall be deemed to create any relationship between the parties thereto, other than the relationship of landlord and tenant. 33. Time is of the essence in the performance of all of the obligations hereunder. Page 9 GARMMAGREEMENTSVSTC-FIRE TRNG GRNDS I 34. This lease, together with the attached exhibits, is the entire agreement of the parties, and there are no oral representations, warranties, agreements, or promises pertaining to this lease or to the expressly mentioned exhibits not incorporated in writing in this lease. 35. This lease may be amended only by an instrument in writing signed by LESSOR and LESSEE. 36. LIMITATIONS OR WARRANTIES. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR OF ANY KIND ARISING OUT OF THIS LEASE, AND THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE EXPRESSLY STATED IN THIS LEASE. THE LEASED PREMISES ARE LEASED "AS IS," "WITH ALL FAULTS." 37. Any notices required by this lease shall be deemed to be delivered (whether or not actually received) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to LESSOR or LESSEE at their address. 38. LESSOR may retain, destroy, or dispose of any property left on the premises at the end of the term. 39. Up to five (5) of LESSOR'S employees who are designated by LESSOR to LESSEE in writing as authorized by LESSOR to enter the property shall have access to the leased premises at all times the facility is open so long as the use by LESSOR'S authorized employees does not interfere with LESSEE'S use of the leased premises. 40. LESSEE shall be responsible for remediation of any environmental spill or other such event that may occur during the term of this lease so long as the spill or Page 10 GARMMAGREEMENTMISTC-FIRE TRNG GRNDS other such event is not the result of the sole negligence of LESSOR. LESSEE shall purchase remediation insurance in the principal amount of$5,000,000 naming LESSOR as a named insured to fund its obligations under this provision of this lease. LESSEE's obligations under this provision shall be limited in amount by the coverage of such insurance actually paid by LESSEE'S insurers. EXECUTED on the date first above written at Beaumont, Jefferson County, Texas. LESSEE: INDUSTRIAL SAFETY TRAINING COUNCIL By: LESSOR: CITY OF BEAUMONT By: Kyle Hayes, City Manager Page 11 GARMMAGREEMENTSMSTC-FIRE TRNG GRNDS 1111 jI1lliIll 111 llll'1 III 9 ' •I 1u 111111 IIII111 III 1IIII1I11 .r*�� �4�VII. ... x,dan4!s..�.,. li.. ,._ � ,::I,:, ..-.,. .:: ,._ ... 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I :n111 ;,,11 I e1.1k. 1111 .11.111 xr9u1 1 .a.I'I� 1 1II;1, I�'svfq,..1I � tit If., � „y*.�. �1,.•' 111111 1u: I :;I III 11,11!11 LrF4xII,!. :X 91 1 11111111 1 1,11 { ,• { +,a ' II nX� N 1'" ;: IIII 11i11o1 I lj1 N 11p ,, f' ', •� ` ,'r �1 ,; r!I k I I � -r�i ���II1 IIIIII I I Nll r' � n: ' 1 I �1 I, '' IIII 1 9d1...:,q'1I� 1 � ,11k'Y�1,I111pI IIII11I11:„ 11�6u11 nl I Jns, 1'. 9r"1+, :1 �p"9 µ,'II N e:5" 1 1 Y III Iq� I I�Ir 1 X11111111111 w ICI 1(.; y ^„ I III 11 11 1111111±IId'Hill '1■ � 1 N111 III ,r III 9 I . . ,"I R NIII�IP`�.�'��1�h�1���I��� � : 1���Iyrl'� : II�IlI�1 I x;111 I I Y � "�wl �,X,I Ia�lll�� c,�l I�1 Legal Description: 40.0842 Acre Tract or Parcel of Land James Drake Survey, Abstract No. 18 Jefferson County, Texas BEING a 40.0842 acre tract or parcel of land situated in the James Drake Survey, Abstract No. 18, Jefferson County, Texas and being out of and part of that certain called 215.41 acre tract of land as described in a deed from Kydie C. McKee to The City of Beaumont as recorded in Volume 914, Page 303, Deed Records, Jefferson County, Texas, said 40.0842 acre tract being more particularly described as follows: NOTE: All bearings are based on the North right-of-way line of Interstate Highway No. 10 adjacent to Brake's Bayou as SOUTH 84 025'08" EAST as recorded on the Texas Department of Transportation Right-of-Way Map for Interstate Highway No. 10. COMMENCING at a Texas Department of Transportation concrete monument found on the East bank of Brake's Bayou, said corner also being the Northwest corner of that certain called 0.3044 acre tract of land as described in a "DEED — Controlled Access Highway Facility" from the City of Beaumont to the State of Texas as recorded in Volume 1847, Page 469, Deed Records, Jefferson County, Texas and said corner also bears SOUTH 84°25'08" EAST a distance of 196.63 feet from a Texas Department of Transportation concrete monument found on the West bank of Brake's Bayou, said corner also being the Northeast corner of that certain called 1.3980 acre tract of land, identified as PARCEL NO. 15-A, Part 3, as described in a "DEED — Controlled Access Highway Facility" from the City of Beaumont to the State of Texas as recorded in Volume 1847, Page 458, Deed Records, Jefferson County,Texas; THENCE NORTH 15 046'10" EAST, over and across the said 215.41 acre City of Beaumont tract, for a distance of 929.17 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" set for the Southwest corner and POINT OF BEGINNING of the tract herein described; THENCE NORTH 12 002'16" WEST, for a distance of 487.55 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" set for corner, THENCE NORTH 05 000'14" EAST, for a distance of 130.23 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" set for corner; THENCE NORTH 42011'29" EAST, for a distance of 147.99 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" set for corner; THENCE NORTH 86 050'16" EAST, for a distance of 240.18 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" set for corner; THENCE NORTH 19 024'35" EAST, for a distance of 303.03 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" set for corner; Pagel of 3 MARK W. WHITELEYAND ASSOCIATES,INC. __J THENCE NORTH 55 007'52" EAST, for a distance of 215.47 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" set for corner; THENCE NORTH 77 020'28" EAST, for a distance of 751.40 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" set for corner; THENCE NORTH 80 057'27" EAST, for a distance of 283.30 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" set for corner; THENCE SOUTH 69°51'15" EAST, for a distance of 196.92 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" set for corner; THENCE SOUTH 80 032'55" EAST, passing at a distance of 182.01 feet a 5/8" iron rod stamped "RPLS 3636" set for reference and continuing for a total distance of 197.53 feet to a point for corner on the Westerly high bank of the Neches River; THENCE SOUTHERLY, along and with the meanders of the Westerly high bank of the Neches River, for the following courses and distances: SOUTH 25°2433" WEST, for a distance of 46.73 feet; SOUTH 19 057'20" WEST, for a distance of 129.30 feet; SOUTH 55 034'03" WEST, for a distance of 146.99 feet; SOUTH 17 045'23" WEST, for a distance of 147.07 feet; SOUTH 17 009'39" WEST, for a distance of 95.48 feet; SOUTH 02 016'44" EAST, for a distance of 101.69 feet; SOUTH 50 019'25" WEST, for a distance of 70.04 feet; NORTH 69 039'13" WEST, for a distance of 62.48 feet; SOUTH 48 04259" WEST, for a distance of 47.42 feet; SOUTH 09 022'15" EAST, for a distance of 43.80 feet; SOUTH 41°13'18" EAST, for a distance of 53.48 feet; SOUTH 39 043'44" EAST, for a distance of 28.46 feet; SOUTH 28 029'46" WEST, for a distance of 108.41 feet; SOUTH 17 045'35" WEST, for a distance of 99.77 feet; SOUTH 20°20'51" WEST, for a distance of 142.36 feet; SOUTH 21012'44" WEST, for a distance of 25.78 feet; THENCE NORTH 87 035'24" WEST, passing at a distance of 51.47 feet a 5/8" iron rod with a cap stamped "RPLS 3636"set for reference and continuing for a total distance of 288.27 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" set for corner; THENCE NORTH 80014'29" WEST, for a distance of 133.39 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" set for corner; THENCE NORTH 81055'50" WEST, for a distance of 116.85 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" set for corner; t Page 2 of 3 t MARK W. WHITELEYAND ASSOCIATES,INC. THENCE SOUTH 04 003'34" EAST, for a distance of 66.43 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" set for corner; THENCE SOUTH 23 05459" WEST, for a distance of 49.38 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" set for corner; THENCE SOUTH 81014'27" WEST, for a distance of 377.13 feet to a 5/8" iron rod with a cap stamped "RPLS 3636" set for corner; THENCE SOUTH 85°15'41" WEST, for a distance of 514.63 feet to the POINT OF BEGINNING and containing 40.0842 Acres, more or less. Surveyed on May 18, 2004 by Mark W. Whiteley, RPLS No. 3636. This legal description is being submitted along with a plat based on this survey. ot .•C, " r ... ..v< ....,..• Mark W. Whiteley, RPLS "RR•�V W:\2004\04-223\04-223 M&B.DOC ,Page 3 c?f 3 MARK W. WHITELEY AND ASSOCIATES,INC 'R City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS ,TULY 20,2004 1:30 P.M. CONSENT AGENDA * Approval of minutes Confirmation of committee appointments Leonie Bodin would be reappointed to the Historical Landmark.Commission. Her term of office would expire March 23, 2006. (Councilmember Bobbie J. Patterson) A) Approve a resolution acknowledging the"Matricula Consular,°°an identification card issued by the Mexican Consulate to Mexican nationals residing in the United States B) Approve a resolution authorizing the City Manager.to enter into an agreement.with the Texas Department of Transportation (TxDOT)for reimbursement.-of costs associated with the operation and maintenance of traffic signals:on;`controlled access highways within the City limits of Beaumont A City of Beaumont Council Agenda Item TO: Mayor and City Council FROM: Kyle Hayes, City Manager MEETING DATE: July 20, 2004 AGENDA MEMO DATE: July 14, 2004 REQUESTED ACTION: Consider adopting a resolution acknowledging the " Matricula Consular," an identification card issued by the Mexican Consulate to Mexican nationals residing in the United States BACKGROUND On July 13, 2004, a representative from the Office of the Consulate General of Mexico met with Mayor Evelyn Lord and I relating to initiatives enabling better access to City services and information for the Spanish-speaking community. For example, the Mexican Consulate issues identification cards which are called "Matricula Consular" to Mexican nationals residing in the United States who submit a birth certificate and proper identification. A number of financial institutions accept the card as a primary form of identification for new account openings and other banking transactions. The purpose of the attached resolution is to acknowledge the "Matricula Consular" card as a form of identification and support the acceptance of the card by City departments. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager. RESOLUTION NO. WHEREAS, Beaumont is a multi-cultural City with a large population which is Hispanic or of Mexican in origin; and, WHEREAS, there are initiatives enabling access to City services and information for the Spanish speaking community; and, WHEREAS, the City of Beaumont is concerned about its immigrant population; and, WHEREAS, the Mexican Consulate issues identification cards which are called "Matricula Consular"to Mexican nationals residing in the United States who submit a birth certificate and proper photo identification. The card contains a reasonable number of anti- fraud features, such as a numbering system, lamination, embossed lettering and a data base for all issued cards;, and, WHEREAS, local financial institutions such as Wells Fargo Bank, and Bank of America accept the Matricula Consular as a primary form of identification for new account openings and other banking transactions; and, WHEREAS, the requirements of this resolution to do not apply under circumstances where: 1. A federal or state statute, administration regulation or directive or court decision requires the City to obtain different identification; 2. A federal or state statute, or administrative regulation or directive preempts local regulations of identification requirements or 3. The City would be unable to comply with the condition imposed by a funding source, which would cause the City to lose funds from that source; and, WHEREAS, nothing in this resolution is intended to prohibit City departments from asking for additional information from individuals in order to verify current address or other facts that would enable a department to fulfil its responsibilities; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City shall acknowledge the Matricular Consular card issued by the Mexican Consulate as a form of identification and supports the acceptance by City departments of the Matricular Consular as an identification card. PASSED BY THE CITY COUNCIL of the City of Beaumont this the th day of , 2004. - Mayor Evelyn M. Lord - B A City of Beaumont UE Council A enda Item � K g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Mark Horelica, Transportation Manager MEETING DATE: July 20, 2004 AGENDA MEMO DATE: July 13, 2004 REQUESTED ACTION: Council consider a resolution authorizing the City Manger to enter into an agreement with the Texas Department of Transportation (TxDOT) for reimbursement of costs associated with the operation and maintenance of traffic signals on controlled access highways within the City limits of Beaumont. RECOMMENDATION Administration recommends authorizing the City Manager to enter into an agreement with the TxDOT to maintain traffic signals at seventeen (17) locations within the City BACKGROUND The State of Texas acting by and through TxDOT will reimburse the City annually for costs associated with the operation and maintenance of traffic signals on controlled access highways within the City. This new agreement which becomes effective September 1, 2004 increases the annual reimbursement from $9,100 to $29,400. BUDGETARY This agreement allows the City to seek reimbursement of $29,400 annually for costs associated with signal maintenance. PREVIOUS ACTION In August 1993, the City entered into a similar agreement allowing for reimbursement up to $9,100. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Director of Public Works, City Engineer, and Transportation Manager. TxDOTReimbursementcg.wpd 07-13-2004