HomeMy WebLinkAboutPACKET SEP 14 2010 RICH WITH OPPORTUNITY
IIEA,UMON*
T * E * % * A * S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS SEPTEMBER 14,2010 1:30 P.M.
CONSENT AGENDA
* Approval of minutes- September 7,2010
* Confirmation of committee appointments
A) Authorize the City Manager to exercise an option to extend the current banking services
agreement for one additional year
B) Approve a contract for the purchase of Limestone Base Material for use by the Streets and
Drainage Division
C) Approve a contract for the purchase of water treatment chemicals for use by the Water
Utilities Department
A
RICH WITH OPPORTUNITY
r
T - E - X - A - S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: September 14, 2010
REQUESTED ACTION: Council consider exercising an option to extend the current
banking services agreement for one additional year.
RECOMMENDATION
Administration recommends Council authorize the City Manager to exercise an option to extend the
current banking services contract with Capital One Bank for an additional year.
BACKGROUND
In October 2006,the City entered into a three-year banking services agreement with Capital One
Bank. The term of the agreement was for three years, expiring September 30, 2009,but included
two (2) one-year options to extend the agreement. On September 8, 2009, the Council approved
exercising the first of two (2) options to extend the agreement with Capital One. The City's
relationship with Capital One Bank has been very good. Staff is pleased with the services and
fees that Capital One Bank offers. William Koch of Valley View Consulting, our investment
management consulting firm, specializes in developing requests for proposals for banking
services agreements and review of the agreements. He has reviewed our agreement and fees with
Capital One Bank, and it is also his recommendation that we exercise the option to extend the
agreement for another year.
BUDGETARYIMPACT
The banking services fees will remain the same during the additional year of the agreement.
Funds are included in the Finance Department's operating budget.
RESOLUTION NO.
WHEREAS, on August 29, 2006, City Council passed Resolution No. 06-255
authorizing the execution of a depository agreement with Capital One Bank for the period
commencing October 1, 2006, to September 30, 2009, with two (2)additional one (1)year
renewal options by mutual consent of both parties; and
WHEREAS, on September 8, 2009, City Council passed Resolution No. 09-267
exercising the first one (1) year renewal option; and
WHEREAS, the City wishes to exercise the second one (1) year renewal option;
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 exercise an option to
extend the current Bank Depository Agreement with Capital One Bank for one (1)
additional year.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of
September, 2010.
- Mayor Becky Ames -
B
RICH WITH OPPORTUNITY
BEAUMOK*
T • Z . X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager /
PREPARED BY: Laura Clark, Chief Financial Officero-
MEETING DATE: September 14, 2010
REQUESTED ACTION: Council consider authorizing the award of a contract for
Limestone Base Material.
RECOMMENDATION
The administration recommends the award of a six(6)month contract for Limestone Base
Material to Transit Mix Concrete and Materials, Co., of Beaumont. Total estimated value of this
contract is$85,125.
BACKGROUND
Bids were requested for a six(6)month contract for limestone base material for use by the Streets
and Drainage Department. The material is used as a base for street repair. A map dividing the
City into four(4)zones was provided to the vendors,with pricing for delivery to each zone
requested, and for City pick-up at the Vendor's plant.
Bids were requested from five(5)vendors, one(1)responded with a bid outlined below. Transit
Mix has satisfactorily held all or portions of this contract in prior years. This contract represents
an approximate $3,800 reduction from the last contract.
OW _
Plant site Pick Up 300 Taos $15.75 $4,725.00
Delivery to Job site Zmes 14 4,000 Taos $20.10 $80,400.00
BUDGETARY EWPACT
Funds are available in the Streets and Drainage Department operating budget.
RESOLUTION NO.
WHEREAS, bids were solicited for a six (6) month contract for the purchase of
limestone base material for use by the Streets and Drainage Division; and,
WHEREAS,Transit Mix Concrete and Materials Co.of Beaumont,Texas,submitted
a bid in the unit amounts shown below for an estimated expenditure of$85,125:
Plant site Pick Up $15.75/ton
Delivery to Job site Zones 1-4 $20.10/ton
and
WHEREAS, City Council is of the opinion that the proposal submitted by Transit Mix
Concrete and Materials Co. of Beaumont, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are
hereby, in all things, approved and adopted; and
THAT the bid submitted by Transit Mix Concrete and Materials Co. for a six (6)
month contract for the purchase of limestone base material in the unit amounts shown
above for an estimated expenditure of $85,125 for use by the Streets and Drainage
Division be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of
September, 2010.
- Mayor Becky Ames -
C
RICH WITH OPPORTUNITY
BEAUMON*
T • $ • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Merge'
PREPARED BY: Laura Clark, Chief Financial Officer lY
MEETING DATE: September 14, 2010
REQUESTED ACTION: Council consider the award of a contract for the purchase of
water treatment chemicals.
RECOMMENDATION
The Administration recommends the award of a six(6)month contract to vendors as reflected
below with an estimated total expenditure of$41,343.
BACKGROUND
Bids were requested for a six(6)month contract for water treatment chemicals for use by the
Water Utilities Department. The chemicals included in this bid are fluorosilicic acid and aqua
ammonia. These chemicals are used to disinfect and purify the City's water supply.
Bids were requested from eight(8)vendors, six(6)responded with bids as indicated in the
attached bid tabulations. The products of each bidder recommended for award meets all
specifications.
The contract provides for the vendors to furnish water treatment chemicals at the following fixed
prices:
Vendor Chemical Estimated Unit Price Total
QuaStity
Harcross, Chemical Fluorosilicic 33 tons $584.00 $19,272.00
Pasadena, TX Acid
Southern Ionics, Inc. Aqua Ammonia 30 tons $735.71 $22,071.30
West Point, MS
TOTAL ESTIMATED SIX(6)MONTH EXPENDITURE $41,343.30
Six(6)Month Contract for Water Treatment Chemicals
September 14, 2010
Page 2
BID TABULATION: FLUOROSILICIC ACID
VENDOR UNIT PRICE TOTAL PRICE
per ton 33 tons
Harcross, Chemical $584.00 $19,272.00
Pasadena, TX
DXI Industries,Inc. $690.00 $22,770.00
Houston, TX
Key Chemical, Inc. $693.89 $22,898.37
Waxhaw,NC
Pencco, Inc. $699.00 $23,067.00
San Felipe, TX
BID TABULATION: AQUA AMMONIA
VENDOR UNIT PRICE TOTAL PRICE
per ton 30 tons
Southern Ionics, Inc. $735.71 $22,071.30
West Point, MS
GC3 Specialty Chemical $805.00 $24,150.00
Houston, TX
BUDGETARY IMPACT
Funds are available for this expenditure in the Water Utilities Department's operating budget.
RESOLUTION NO.
WHEREAS, bids were solicited for a six(6)month contract for the purchase of water
treatment chemicals for use by the Water Utilities Department; and,
WHEREAS,the following vendors submitted bids for an estimated total expenditure
of$41,343.30 in the unit amounts shown below:
Vendor Chemical Estimated Unit Price Total
Quantity
Harcross, Chemical Fluorosilicic 33 tons $584.00 $19,272.00
Pasadena, TX Acid
Southern Ionics, Inc. Aqua 30 tons $735.71 $22,071.30
West Point, MS Ammonia
; and
WHEREAS, City Council is of the opinion that the bids submitted by Harcross
Chemical, of Pasadena, Texas, for the purchase of fluorosilicic acid and Southern Ionics,
Inc., of West Point, Mississippi, for the purchase of aqua ammonia in the unit prices shown
above for an estimated total expenditure of$41,343.30 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 bids submitted by Harcross Chemical, of Pasadena, Texas, for the
purchase of fluorosilicic acid and Southern Ionics, Inc., of West Point, Mississippi, for the
purchase of aqua ammonia in the unit prices shown above for an estimated total
expenditure of $41,343.30 be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of
September, 2010.
- Mayor Becky Ames -
RICH WITH OPPORTUNITY
BEA,UMON*
T - E - % - A - S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS SEPTEMBER 14,2010 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition:
* Public Comment: Persons may speak on scheduled agenda items 1-4/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider amending Section 28-50,Water Service Rates and Section 28-51,
Wastewater Service Rates of the Code of Ordinances
2. Consider amending Chapters 6 and 10 of the Code of Ordinances,providing local
amendments to the 2009 International Building and Fire Codes and amending
Chapter 11,providing local amendments to the Texas Department of Health
Bureau of Food and Drug Safety"Texas Food Establishment Rules"regulating
home day cares
3. Consider authorizing the City Manager to enter into a contract with the Texas
Water Development Board to receive funding from FEMA's Severe Repetitive
Loss Grant Program
4. Consider approving a contract for the purchase of Sodium Hydroxide for use by
the Water Utilities Department
WORKSESSION
* Review and discuss a possible advisory or review board for the Police Department
COMMENTS
* Councihnembers/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:
Erik Kvarme, et al,vs. The City of Beaumont, et al
Kevin Roach v. City of Beaumont
City of Beaumont v. James Mathews
State of Texas v. James Mathews,Jr.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting.
1
September 14,2010
Consider amending Section 28-50, Water Service Rates and Section 28-51, Wastewater Service
Rates of the Code of Ordinances
RICH WITH OPPORTUNITY
IIEAIIMON*
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
j�
PREPARED BY: Laura Clark, Chief Financial OfficerU`�
MEETING DATE: September 14, 2010
REQUESTED ACTION: Council consider amending Section 28-50, Water Service
Rates and Section 28-51, Wastewater Service Rates of the
Code of Ordinances.
RECOMMENDATION
Administration recommends approval of an increase in the water and sewer rates by six percent
(6%), effective October 1, 2010, and amending the ordinance to change the billing structure for
apartment complexes and mobile home parks.
BACKGROUND
The Water Utilities Department has been and is continuing to undertake a major capital
improvement effort to enhance the water and sewer system. Many of the capital improvements
are required to meet State and Federal regulations. The six percent(6%)rate increase is needed
to effectively operate the water system and to provide for the necessary debt service associated
with water and sewer system projects.
On April 7, 2009, Council approved a change in the billing structure for apartments and mobile
home parks whereby the water and sewer would be charged on a per unit basis on no more than
75% of the overall units and the change would be made in three (3)phases. The proposed
amendment now is to make the second phase effective October 1, 2010 and the final phase
effective April 1, 2011.
Water and Wastewater Service Rate
September 14, 2010
Page 2
After the proposed amendment, Section 28-50 (d) will read as follows:
(d) Upon the effective date of each of three (3)phases, October 1, 2009, October 1, 2010,
and April 1, 2011, apartment complexes and mobile home parks with four(4) or more
units shall be billed a minimum monthly water service rate of:
Effective October 1, 2009:
(75%of the number of units)x Minimum monthly water service rate for a 5/8 inch meter
3
Effective October 1, 2010:
(75%of the number of units)x Minimum monthly water service rate for a 5/8 inch meter
2
Effective April 1, 2011:
(75%of the number of units)x Minimum monthly water service rate for a 5/8 inch meter
The minimum monthly water service rate includes the volume as calculated below:
(75%of the number of units)x 1000 gallons
Additional usage will be billed based on rates set by the Ordinance.
After the proposed amendment, Section 28-51(f)will read as follows:
(F) Upon the effective date of each of three (3)phases, October 1, 2009, October 1, 2010,
and April 1, 2011, apartment complexes and mobile home parks with four(4) or more
units shall be billed a minimum monthly wastewater service rate of.
(Effective October 1, 2009:
(75%of the number of units)x Minimum monthly wastewater service rate for a 5/8 inch meter
3
Effective October 1, 2010:
(75%of the number of units)x Minimum monthly wastewater service rate for a 5/8 inch meter
2
Effective April 1, 2011:
(75%of the number of units)x Minimum monthly wastewater service rate for a 5/8 inch meter
Water and Wastewater Service Rate
September 14, 2010
Page 3
The minimum monthly wastewater service rate includes the volume as calculated below:
(75%of the number of units)x 1000 gallons
Additional usage will be billed based on rates set by the Ordinance.
BUDGETARY IMPACT
The proposed rate increase is projected to increase water and sewer revenues by$2.1 Million for
FY 2011, and the final two phases of the change in billing structure for apartment complexes and
mobile home parks are expected to increase revenue by $400,000.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 28, SUBSECTIONS
28-50(a)AND (d)AND 28-51(a)AND(f), OF THE CODE OF ORDINANCES
OF THE CITY OF BEAUMONT TO INCREASE WATER AND
WASTEWATER RATES EFFECTIVE OCTOBER 1,2010ANDTO CHANGE
THE BILLING STRUCTURE FOR APARTMENT COMPLEXES AND
MOBILE HOME PARKS; PROVIDING FOR REPEAL; AND PROVIDING A
PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 28, Subsections 28-50(a) and (d) of the Code of Ordinances of the
City of Beaumont be and the same are hereby amended to read as follows:
Sec. 28.50. Water service rates.
(a) Effective October 1, 2010, the following rates per month shall
be the rates charged for water service furnished to customers within and
outside of the corporate limits of the city except as provided in paragraph (b)
of this section.
Meter Size/Inches Inside City Rate Outside City Rate
5/8 $ 10.23 $ 15.36
1 11.32 16.98
11/2 12.42 18.61
2 15.50 23.26
3 31.49 47.25
4 38.18 57.26
6 68.82 103.20
8 94.65 141.96
10 130.25 195.39
12 162.38 243.58
Usage Rate First 1,000 Gallons Minimum Minimum
Over 1,000 Gallons
$ Per 1000 Gallons $3.46 $5.19
Meter Size/Inches Inside City Rate Outside City Rate
5/8 $ 6.53 $ 9.78
1 6.65 9.95
1 1/2 6.75 10.11
2 7.34 10.99
3 8.30 12.44
4 12.16 18.25
6 19.93 29.86
8 24.35 36.55
10 33.22 49.81
12 42.07 63.08
Usage Rate First 1,000 Gallons Minimum Minimum
Over 1,000 Gallons
$ Per 1000 Gallons $3.10 $4.71
(f) Upon the effective date of each of three (3) phases, October
1, 2009, October 1, 2010, and April 1, 2011, apartment complexes and
mobile home parks with four (4) or more units shall be billed a minimum
monthly wastewater service rate of:
Effective October 1, 2009:
(75% of the number of units) x Minimum month wastewater
3 service rate for a 5/8 inch meter
Effective October 1, 2010:
(75% of the number of units) x Minimum monthly wastewater
2 service rate for a 5/8 inch meter
Effective April 1, 2011:
(75% of the number of units) x Minimum monthly wastewater
service rate for a 5/8 inch meter
The minimum monthly wastewater service rate includes the volume as
calculated below:
(75% of the number of units) x 1000 gallons
(d) Upon the effective date of each of three (3) phases, October
1, 2009, October 1, 2010, and April 1, 2011, apartment complexes and
mobile home parks with four (4) or more units shall be billed a minimum
monthly water service rate of:
Effective October 1, 2009:
(75% of the number of units) x Minimum monthly water service
3 rate for a 5/8 inch meter
Effective October 1, 2010:
(75% of the number of units) x Minimum monthly water service
2 rate for a 5/8 inch meter
Effective April 1, 2011:
(75% of the number of units) x Minimum monthly water service
rate for a 5/8 inch meter
The minimum monthly water service rate includes the volume as calculated
below:
(75% of the number of units) x 1000 gallons
Additional usage will be billed based on rates set by the Ordinance.
Section 2.
That Chapter 28, Subsections 28-51(a) and (f), of the Code of Ordinances of the
City of Beaumont be and the same are hereby amended to read as follows:
Sec. 28-51. Wastewater service rates.
(a) Effective October 1, 2010, the following rates per month shall
be the rates charged for wastewater services furnished to customers within
and outside of the corporate limits of the city where the wastewater produced
by such customers is a normal strength wastewater (150 mg/1lb) except as
provided in paragraph (b) of this section.
Additional usage will be billed based on rates set by the Ordinance.
Section 3.
All ordinances or part 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 1-8 of the Code of Ordinances of the City of Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of
September, 2010.
- Mayor Becky Ames -
2
September 14,2010
Consider amending Chapters 6 and 10 of the Code of Ordinances,providing local amendments to
the 2009 International Building and Fire Codes and amending Chapter 11,providing local
amendments to the Texas Department of Health Bureau of Food and Drug Safety"Texas Food
Establishment Rules"regulating home day cares
RICH WITH OPPORTUNITY
BEAUMON*
T • $ • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: September 14, 2010
REQUESTED ACTION: Council consider amending Chapters 6 and 10 of the Code
of Ordinances, providing local amendments to the 2009
International Building and Fire Codes and amending
Chapter 11, providing local amendments to the Texas
Department of Health Bureau of Food and Drug Safety
"Texas Food Establishment Rules" regulating home day
cares.
RECOMMENDATION
Administration recommends approval.
BACKGROUND
Historically,home day cares,having five(5)or fewer children,have been allowed to operate within
the city,with limited regulations. Recently,the City has become aware that approximately thirteen
(13)home day cares are operating with six(6)or more children with a license from the State,but
without approval from the City.
Following a Council Work Session,staff has prepared local amendments to the 2009 International
Building and Fire Codes and Texas Department of Health Bureau of Food and Drug Safety"Texas
Food Establishment Rules". Existing home day cares would be deemed compliant,provided they are
licensed or registered by the State and obtain a Certificate of Occupancy from the City. All new
home day cares, licensed or registered by the State, would be required to obtain a Specific Use
Permit and a Certificate of Occupancy to open.Hardwired smoke detectors would be required in
these new home day cares. Inspections for smoke detectors, fire extinguishers and other safety items
would be conducted annually by the Fire Department.
BUDGETARY IMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTERS 6, 10 AND 11
OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO
PROVIDE FOR REGULATION OF IN-HOME CHILD CARE CENTERS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL;AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 6, Section 6-21, of the Code of Ordinances of the City of Beaumont
be and the same is hereby amended by adding local amendments to the 2009 International
Building Code to read as follows:
Sec. 6-21. Amendments to code.
Section 310.1, Residential Group R, of the International Building Code is
hereby amended by adding Sections 310.1.1 and 310.1.2 to read as
follows:
Section 310.1.1. Licensed Child Care Home. Shall be licensed by the
Texas Department of Family and Protective Services. Licensed child care
homes shall be allowed in a single family residence with a specific use permit
and a certificate of occupancy. All licensed child care homes shall have
yearly inspections from the fire marshal's office. Licensed child care homes
shall also comply with Section R314.4 of the 2009 International Residential
Code, Power source: Smoke alarms shall receive their primary power from
the building's wiring when such wiring is served from a commercial source
and, when primary power is interrupted, shall receive power from a battery.
Wiring shall be permanent and without a disconnecting switch other than
those required for over current protection. Smoke alarms shall be
interconnected.
Section 310.1.2. Registered Child Care Home. Shall be licensed by
the Texas Department of Family and Protective Services. Registered child
care homes shall be allowed in a single family residence with a specific use
permit and a certificate of occupancy. All registered child care homes shall
have yearly inspections from the fire marshal's office. Registered child care
homes shall also comply with Section R314.4 of the 2009 International
Page 1
Residential Code, Power source: Smoke alarms shall receive their primary
power from the building wiring when such wiring is served from a commercial
source and, when power is interrupted, shall receive power from a battery.
Wiring shall be permanent and without a disconnecting switch other than
those required for over current protection. Smoke alarms shall be
interconnected.
Section 310.2 is hereby amended by adding definitions to read as follows:
Licensed Child Care Home. The primary care giver provides care in
the care giver's own residence for children from birth through thirteen (13)
years on a twenty-four(24) hour basis. The total number of children in care
varies with the ages of the children, but the total number of children in care
at any given time, including the children related to the care giver, must not
exceed twelve (12). These Licensed child care homes shall be classified as
R-3 residential occupancies.
Registered Child Care Home. The primary care giver provides regular
care in the care giver's own residence for not more than six (6)children from
birth through thirteen (13)years for less than twenty-four(24) hours and may
provide care after school hours for not more than six (6) additional
elementary schoolchildren. The total number of children in care at any given
time, including the children related to the care giver, must not exceed twelve
(12). These Registered child care homes shall be classified as R-3
residential occupancies.
Section 2.
That Chapter 10, Section 10-2, be and the same is hereby amended by adding a
local amendment to the 2009 International Fire Code to read as follows:
Sec. 10-2. Amendments to code.
Chapter 2, Section 202, General Definitions, Occupancy Classification,
Residential Group R, R3, is hereby amended by adding the following
definitions:
Registered Child Care Home. The primary care giver provides regular
care in the care giver's own residence for not more than six (6) children from
birth through thirteen (13) years for less than twenty-four (24) hours; and
may provide care after school hours for not more than six (6) additional
elementary schoolchildren. The total number of children in care at any given
Page 2
time, including the children related to the care giver, must not exceed twelve
(12). These Registered child care homes shall be classified as R-3
residential occupancies.
Licensed Child Care Home. The primary care giver provides care in
the care giver's own residence for children from birth through thirteen (13)
years on a twenty-four(24) hour basis. The total number of children in care
varies with the ages of the children, but the total number of children in care
at any given time, including the children related to the care giver, must not
exceed twelve (12). These Licensed child care homes shall be classified as
R-3 residential occupancies.
Chapter 3.
That Chapter 11, Section 11-1.1, be and the same is hereby amended by adding
a local amendment to the Texas Department of Health Bureau of Food and Drug Safety,
"Texas Food Establishment Rules," to read as follows:
Sec. 11-1.1. Same--Amendments.
The Texas Department of Health Bureau of Food and Drug Safety, "Texas
Food Establishment Rules," are hereby amended as follows:
Section 229.162 is hereby amended to change the definition of"child care
center" to read as follows:
Child care center—Any facility licensed by the regulatory authority to
receive 6 or more children for child care which prepares food for on-site
consumption, excluding in-home day cares.
Section 4.
That, in all other respects, the use of the property herein above described shall
be subject to all of the applicable regulations contained in Chapter 30 of the Code of
Ordinances of Beaumont, Texas, as amended.
Page 3
Section 5.
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 6.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 7.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished by a fine not exceeding Two Thousand Dollars ($2,000).
Chapter 8.
This Ordinance shall be effective from and after publication in accordance with the
Charter of the City of Beaumont.
Chapter 9.
All state licensed or registered home based day cares in existence at the time of the
effective date of this Ordinance are considered to be lawful.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of
September, 2010.
- Mayor Becky Ames -
Page 4
3
September 14,2010
Consider authorizing the City Manager to enter into a contract with the Texas Water
Development Board to receive funding from FEMA's Severe Repetitive Loss Grant Program
RICH WITH OPPORTUNITY
BEAUMO-N*
T • $ • X e A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: September 14, 2010
REQUESTED ACTION: Council consider authorizing the City Manager to enter into
a contract with the Texas Water Development Board
(TWDB)to receive up to $1,256,370.03 in funding from
FEMA's Severe Repetitive Loss Gram Program.
RECOMMENDATION
Administration recommends approval.
BACKGROUND
Recently,the City applied for funds from the Severe Repetitive Loss(SRL)Flood Buyout
Program. This program provides funding to purchase properties that have flood insurance,but
repeatedly flood, resulting in claims. The program provides 90% of the funding for the
acquisition, demolition and relocation, with the a required 10%local match. During consideration
of this application,the City Council indicated that the 10%local match should come from the
owner's proceeds from the purchase of the properties.
As any buyout program is voluntary, a survey was sent out to all of the owners on the SRL list to
determine the level of interest in a buyout program, with a majority responding favorably.
Following this, each resident was fin thher evaluated for eligibility, according to FEMA guidelines,
and each eligible applicant was contacted. The result found that the following properties met the
cost-benefit and eligibility analysis and are included in the contract:
1. 720 Zavalla 6. 9175 Gross
2. 2075 Cartwright 7. 4825 Park
3. 2445 N. Lynwood 8. 5765 Longwood
4. 3650 Kenneth 9. 8535 Manion
5. 9275 Doty
BUDGETARY E"ACT
None.
RESOLUTION NO.
I
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a contract, substantially
in the form attached hereto as Exhibit 'A" with the Texas Water Development Board to
receive up to $1,256,370.03 from FEMA's Severe Repetitive Loss Grant Program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of
September, 2010.
- Mayor Becky Ames -
I
STATE OF TEXAS TWDB Contract No: 1000011128
COUNTY OF TRAVIS Severe Repetitive Loss
Project Grant
This Contract(baeinafter"CONTRACT")is entered into by and between the TEXAS
WATER DEVELOPMENT BOARD(hereinafter"TWDW),serving as Orator for the Federal
Emagoncy Management Administration's(hereinafter"FEMA")Severe Repetitive Loss
program(hereinafter"SRL")and City of Beaumont hereinafter("CONTRACTOR"),the
Grantee.
DkFINITIONS: For the purposes of the CONTRACT and this Memorandum of Contract,the
following teems or phrases shalt have the meaning ascribed therewith:
A. TWDB-The Texas Water Development Board,or its designated representative
B. FEMA—Federal Emergawy Management Administration
C. SRL—Severe Repetitive Loss
D. CONTRACTOR—City of Beaumont
E. EXECUTIVE ADMINISTRATOR-The Executive Administrator for the TWDB or his
designated representative
F. PARTICIPANT(S)—Jefferson County,City of Beaumont
G. REQUIRED INTERLOCAL AGREEMENT(S)—N/A
H. TWDB APPROVAL DATE—May 20,2010
I. PROJECT AREA-The project area is more specifically defined in Exhibit B(the original
grant application).
J. DEADLINE FOR CONTRACT EXECUTION—September 16, 2010
K. CONTRACT EFFECTIVE DATE— FEMA APPROVAL DATE—August 9,2010
L. PROJECT COMPLETION DATE—May 13,2013
M. TOTAL PROJECT COSTS-S1,256,370.03
Section 1,Page 1 of 2
EXHIBIT "A"
N. FEDERAL SHARE OF THE TOTAL PROJECT COSTS-Not to exceed S 1,130,732.63,or
ninety percent(90%)of the total project costs.
O. LOCAL SHARE OF THE TOTAL PROJECT COSTS—S125,637AD,or not less than ten
percent(10°x6)of the total project costs.
P. PAYMENT REQUEST SUBMISSION SCHEDULE-Quarterly
Q. OTHER SPECIAL CONDITIONS AND EXCEPTIONS TO STANDARD AGREEMENT
OF THIS CONTRACT—N/A
IN WITNESS WHEREOF,the parties have caused this CONTRACT to be duly executed in
duplicate originals.
TEXAS WATER DEVELOPMENT BOARD CITY OF BEAUMONT,TEXAS
J.Kevin Ward Kyle Hayes
Executive Administrator City Manager
Date: Date:
Section 1,Page 2 of 2
i
III
CONTRACT Number: 1000011128
TEXAS WATER DEVELOPMENT BOARD,Grantor
and
CITY OF BEAUMONT,Grantee
for
SEVERE REPETITVE LOSS
Project Grant
This CONTRACT is entered into by the Texas Water Development Board
(TWDB),an agency of the State of Texas,located at 1700 N. Congress Avenue,
Austin,Texas and City of Beaumont(CONTRACTOR},located at 801 Main
Strut,Beaumont,Texas. The TWDB and the CONTRACTOR are the Parties to
this the CONTRACT.
ARTICLE 1. RECITALS
WHEREAS,the CONTRACTOR applied through the TWDB for a FEMA project grant under
the SELL prog=to mitigate specific flood problems as identified in Exhibit B,the original grant
application which is incorporated herein and made a permanent part of this CONTRACT;
WHEREAS,the CONTRACTOR and PARTICIPANTS will commit cash and/or i*4dnd
services to pay for the LOCAL SHARE OF THE TOTAL PROJECT COSTS;
WHEREAS,the CONTRACTOR is the entity who will act as administrator of the grant and will
be responsible for the execution of this CONTRACT;
WHEREAS,on the FEMA APPROVAL DATE, FEMA approved the CONTRACTOR's
application for financial assistance;
NOW,THEREFORE,the TWDB and the CONTRACTOR agree as follows:
ARTICLE IL AGREEMENTS
The United States of America,through the Director of FEMA,has agreed to fund to the
CONTRACTOR,through the TWDB,the FEDERAL SHARE OF THE TOTAL PROJECT
COSTS. By acceptance of the funds awarded,the CONTRACTOR ag ew to abide by the terms
and conditions of this CONTRACT as set forth in this document and the documents identified
therein and made a part hereof by reference,including the federal laws and rules fisted in Exhibit
A.
ARTICLE III. PERIOD OF PERFORMANCE
The period of performance of this CONTRACT shall be from the CONTRACT EFFECTIVE
DATE to the PROJECT COMPLETION DATE,unless otherwise amended.
Section II, Page 1 of 8
ARTICLE IV. FEDERAL LAWS AND RULES THAT APPLY
FEMA requires all grant recipients to comply with federal laws and rules. These federal laws
and rules are listed in Exhibit A,which is incorporated herein and made a permanent part of this
CONTRACT. CONTRACTOR will comply with all federal laws and rules listed in Exhibit A.
Copies of those federal laws and rules are available upon request.
ARTICLE V. TERMS AND CONDITIONS
The specific terms and conditions of this CONTRACT are as follows:
1. The TWDB shall reimburse the CONTRACTOR for costs determined by FEMA to be
allowable,allocable,and reasonable in accordance with OMB Circular A-87.
2. To request rreimbunanent hereunder,the CONTRACTOR shall submit an original Request
for Reimbursement Form,a Project status report,and an original Financial Status Report
Form(FEMA Form 20-101 to the TWDB's contract manager for this CONTRACT. Each
voucher shall show the CONTRACT NUMBER,costs for the billing period,and costs to
date.
3. The CONTRACTOR shall follow prior approval requirements found in 44 CFR Part 13.30.
4. The grant is conditioned upon compliance with the National Environmental Policy Act
(NEPA)and related legislation as implemented under 44 CFR Part 10 such that the
CONTRACTOR is precluded from drawing federal funds beyond administrative activities,
preliminary feasibility studies or preliminary desigdengineering for individual projects until
the envi o---- mtal and historic preservation reviews are complete and approved by FEMA.
CONTRACTOR is encouraged to integrate NEPA compliance with the initial planning and
decision making process for this program.
S. The CONTRACTOR shall follow matching or cost sharing requirements found in 44 CFR
Part 1324.
b. The CONTRACTOR shall transfer to the TWDB,for return to FEMA,the appropriate sharc,
based on the Federal support permtege,of any refund,rebate,credit or other accounts
arising from the performance of this CONTRACT,along with ace ued interest,if any. The
CONTRACTOR shall take necessary action to effect prompt collection of all monies due or
which may become due and to cooperate with the TWDB and FEMA in any claim or suit in
connection with the amounts due.
7. Prior to the start of any construction activity, the CONTRACTOR shall ensure that all
applicable Federal,State,and local permits and clearances are obtained.
Section 11,Page 2 of 8
S. The CONTRACTOR is free to copyright any original work developed in the course of or
under this CONTRACT. The TWDB and FEMA reserve a royalty-free nonexclusive and
irrevocable right to reproduce,publish,or otherwise use,and to authorize others to use,the
work for governmental purposes. Any publication resulting from work performed under this
CONTRACT shall include an acknowledgement of FEMA financial support and a statement
that the publication does not necessarily reflect the views of FEMA or the TWDB.
9. No subsequent grants/cooperative agreements,monetary irxxeese amendments or time
extension amendments will be approved unless all overdue financial or per&xmance reports
have been submitted by the CONTRACTOR to the TWDB. Exceptions to this policy can by
approved only by the Assistance Officer at FEMA.
10.The CONTRACTOR agrees by accepting fiords under this CONTRACT to comply with all
provisions of 44 CFR 13.31,Equipment. FEMA Form 20-18,Govo mnent Property Form is
to be used to report Government Property. instrcetions on which property items are to be
reported should be provided in writing by the Assistance Officer at FEMA.
11.By executing this CONTRACT,the CONTRACTOR accepts the authority of the State
Auditor's Office,under direction of the legislative audit committee,to conduct audits and
investigations in connection with any and all state funds received pawsua nt to this contract.
The CONTRACTOR shall comply with and cooperate in any such investigation or audit.The
CONTRACTOR agrees to provide the State Auditor with saxes b any information the State
Auditor considers relevant to the investigation or audit.The CONTRACTOR also agrees to
include a provision in any subcontract related to this contract that requires the subaxrtractor
to submit to audits and investigation by the State Auditor's Office in connection with any and
all state fiords received pursuant to the subcontract.
ARTICLE VI. DISTRIBUTING GRANT FUNDS
1. The TWDB agrees to compensate and reimburse the CONTRACTOR(S)in a total amount
not to exceed the FEDERAL SHARE OF THE TOTAL PROJECT COSTS for costs incwTed
and paid by the CONTRACTOR(S)pursuant to performance of this CONTRACT. The
CONTRACTOR(S)will contribute local matching§ands in sources and amounts defined as
the LOCAL SHARE OF THE TOTAL PROJECT COSTS. The TWDB shall reimburse the
CONTRACTOR(S)for one hundred percent(100%)of FEMNs share of each invoice up to
ninety percent(906A)of the total FEMA share pending the CONTRACTOR(S)'s
performance and FEMA's review and approval,at which time the 1VDB shall pay the
remaining ten percent(100%)to the CONTRACTOR(S).
Notwithstanding the above reference paragraph,the TWDB may provide advance funds to
the CONTRACTOR in order to minimize the time elapsing between the transfer of fiends and
their disbursement by the CONTRACTOR. Such advance shall be in compliance with
FEMA regulations,including but not limited to 44CFR§ 13.21(c). The CONTRACTOR
understands and agrees that he has no right to such advances,but that TWDB,in its sole
discretion,may from time to time agree to advance payments.
Section 11,Page 3 of 8
2. The CONTRACTOR(S)shall submit payment requests and documentation for
reimbursement billing according to the PAYMENT REQUEST SUBMISSION SCHEDULE
and in accordance with the approved task and expense budget contained in Exhibit E to this
CONTRACT. At the discretion of the TWDB and upon written memorandum to the contract
file,the CONTRACTOR(S)has budget flexibility within task and expense budget categories
to the extent that the resulting change in amount in any one task or expense category does not
exceed 35%of the total authorized amount by this CONTRACT for the task or category.
Larger deviations shall require approval by EXECUTIVE ADMINISTRATOR or designee
which will be documented through an Approved Budget Memorandum to the TWDB
contract file. The CONTRACTOR(S)will be required to provide written explanation for the
overage and reallocation of the task and expense amount.
For all reimbursement billings including any subcontractor's expenses,the EXECUTIVE
ADMINISTRATOR must have determined that the REQUIRED INTERLOCAL
AGREEMENT(S)and contracts or agreements between the CONTRACTOR(S)and the
subcontractor are consistent with the terms of this CONTRACT. The CONTRACTOR(S)is
fully responsible for paying all charges by subcontractors prior to reimburserriatt by the
TWDB.
3. The CONTRACTOR(S)and its subcontractors shall maintain satisfactory financial
accounting documents and records,including copies of invoices and rec cipts,and shall make
them available for examination and audit by the EXECUTIVE ADMINISTRATOR.
Accounting by the CONTRACTOR(S)and its subcontractors shall be in a manner consistent
with generally accepted accounting principles.
4. Upon receipt of written request from the CONTRACTOR,the EXECUTIVE
ADMINISTRATOR will advance to the CONTRACTOR twenty-five percent of the
COMMITTED FUNDS,unless the CONTRACTOR requests and the EXECUTIVE
ADMINISTRATOR approves advances of less than twent}-five percent.
5. When CONTRACTOR has paid expenses equal to the previous advance,the
CONTRACTOR will submit a written request to the EXECUTIVE ADMINISTRATOR for
another twenty-five percent advance of the FEDERAL SHARE OF THE TOTAL PROJECT
COSTS(or less if requested and approved pursuant to Paragraph 6 of this Article). If the
CONTRACTOR has expenses exceeding the amount of the previous advance,the TWDB
shall reimburse the CONTRACTOR for the federal share of the amount of expenses which
exceeds the amount of the previous advance
Section II, Page 4 of 8
Any payments of expenses which the CONTRACTOR withholds from a subcontractor for
the purposes of retainage,shall be considered to have been paid by the CONTRACTOR for
purposes of determining expenses paid under the previous sentence.The CONTRACTOR
will attach to the request a written performance report described in Article VIII,Item 1 of this
Section,a listing of actual expenses incurred and documents showing payment of such
expenses and statements or docuntents showing any interest earned on the previous advance.
Any interest earned by the CONTRACTOR shall be considered as part of the Board's
payment of FEDERAL SHARE OF THE TOTAL PROJECT COST and used only for
TOTAL PROJECT COSTS.
6. A progress report and the following documentation which documents the TOTAL PROJECT
COSTS for reimbursement by the TWDB to the CONTRACTOR(S)for the FEDERAL
SHARE OF THE TOTAL PROJECT COSTS shall be submitted by the CONTRACTOR(S)
to the EXECUTIVE ADMINISTRATOR for reimbursement billing:
A. Summary of total expenses incurred including the following information:
(1) CONTRACTOR's Vendor Identification Number,
(2) TWDB CONTRACT Number,
(3) Total expenses for the billing period;beginning(date)to ending(date);
(4) Completed FEMA Form 20-10;
(5) Completed FEMA Form 20-22;
(6) Total In-kind services;
(7) Total Services for this period;
(8) Less LOCAL SHARE OF THE TOTAL PROJECT COSTS for the billing
period;
(9) Total FEDERAL SHARE OF THE TOTAL PROJECT COSTS for the billing
period;
(10) Amount of retainage to be withheld for the billing period;
(11) Total costs to be reimbursed by the TWDB for the billing period;and
(12)Certification,signed by the CONTRACTOR(S)authorized representative,
that the expenses submitted for the billing period are a true and correct
representation of amounts paid for work performed directly related to this
contract.
B. For direct expenses incurred by the CONTRACTOR(S)--documentation showing
the tasks that were performed;the percent and cost of each task completed;a total
cost figure for each direct expense category including labor,fringe,overhead,
travel,communication and postage,technical and computer services,expendable
supplies,printing and reproduction; and
Section 11,Page 5 of 8
C. For direct expenses incurred by the CONTRACTOR(S) for outside consulting
services--copies of invoices to the CONTRACTOR(S)showing the tasks that
were performed;the percent and cost of each task completed;a total cost figure
for each direct expense category including labor,(rings,overhead,travel,
communication and postage,technical and computer services,expendable
supplies,printing and reproduction;and the total dollar amount due to the
consultant;and
D. For travel and subsistence expenses, including such expenses for subcontractors—
(1) names,dates,work locations,time periods at work locations,itemization of
subsistence expanses of each employee,limited,however,to travel expenses
authorized for state employees by the General Appropriations Act,Tex.Leg.
Regular Session,2009,Article 1X,Part 5,as amended or superseded;
(2) other transportation costs--copies of invoices covering tickets for
transportation or,if not available,names,dates,and points of travel of
individuals; and
(3) all other reimbursable expenses--invoices or purchase vouchers showing
reason for expense with receipts to evidence the amount incurred.
ARTICLE VII. FINANCIAL REPORTS
The CONTRACTOR shall submit an original and three(3)copies.of the Financial Status
Report Form(FEMA Form 20-10),to the TWDB's contract manager within thirty(30)days
following the end of each quarter of the project with the exception of the final Financial Status
Report,which shall be due ninety(90)days after project completion.
All other reporting requirements in accordance with Section 8 of the General Provisions for
Grants and Cooperative Agreements,Exhibit C,are applicable.
ARTICLE VIII. PERFORMANCE REPORTING
1. Quarterly. The CONTRACTOR shall submit peformance reporting in accordance with
requirements specified in the Hazard Mitigation Assistance Program Guidance(HMAPG)
manual that is published by the Federal Emergency Management Agency.(available at
www.fema.Spv).The contractor shall submit an original and three(3)copies of the quarterly
performance reporting and any supporting documentation to the TWDB's contract manager
by the fifteenth(15th)day following the end of each quarter.
All other reporting requirements in accordance with Section 9 of the Gencral Provisions for
Grants and Cooperative Agreements, Exhibit C,are applicable.
Section 11,Page 6 of 8
2. Final&%= The CONTRACTOR shall submit performance reporting in accordance with
requirements specified in the HMAPG manual that is published by the Federal Emergency
Management Agency(available at www.funa.gov).The contractor shall submit an original
and three(3)copies of a final report and any supporting documentation which details all the
work performed under the CONTRACT. The report shall be submitted within three(3)
months of project completion.
3. The HMAPG manual is published by the Federal Emergency Management Agency annually
(typically in June). Reporting requirements are subject to change as each HMAPG manual is
published. The TWDB will provide the CONTRACOR with written cortespondmw with
instructions on quarterly and final reporting requirements for this CONTRACT within thirty
(34)days of the publication of each HMAPG manual.
ARTICLE IX. NO DEBT AGAINST THE STATE
This CONTRACT shall not be construed as mating any debt by or on behalf of the State of
Texas and the TWDB,and ail obligations of the State of Texas are subject to the availability of
funds. To the extent the performance of this CONTRACT transcends the biennium in which this
CONTRACT is entered into,this CONTRACT is specifically contingent upon the continued
authority of the TWDB and appropriations therefor.
ARTICLE X.INSURANCE
For the purposes of this CONTRACT,the CONTRACTOR will be considered an
independent contractor and,thavfore,solely responsible for liability resulting from negligent
acts or omissions. The CONTRACTOR shall obtain all necessary insurance, in the judgment of
the CONTRACTOR,to protect itself,from liability arising out of this CONTRACT.
ARTICLE XI. SEVERANCE PROVISION
Should any one or more provisions of this CONTRACT be held to be null,void,voidable,or,
for any reason whatsoever,of no force and effect,such provision(s)shall be corstrved as
severable from the remainder of this CONTRACT and shall not affect the validity of all other
provisions of this CONTRACT which shall remain in full force and effect.
ARTICLE XII. SUSPENSION AND TERMINATION PROCEDURES
If the CONTRACTOR fails to comply with the terms,conditions or standards of this
CONTRACT,the TWDB may,upon written notice,temporarily suspend re
payments pending corrective action by the CONTRACTOR or terminate the CONTRACT.
Necessary ALLOWABLE COSTS that the CONTRACTOR could not reasonably avoid incurring
during the period of suspension or after termination will be reimbursed pursuant to this
CONTRACT.
Section I1,Page 7 of 8
In addition,this CONTRACT may be terminated if both parties agree that the continuation of
the project would not produce beneficial results commensurate with the further expenditure of
funds.
If termination of the CONTRACT occurs,the procedures described in Item 12 of the Federal
Emergency Management Agency General Provisions for Grants and Cooperative Agreements,
Exhibit C,which is incorporated into this CONTRACT,will be followed.
ARTICLE XIII. CORRESPONDENCE,REPORTS,AND BILLINGS
All correspondence,reports,and billings related to this CONTRACT shall be made to the
following addresses:
For the TWDB: For the CONTRACTOR(S):
Contract Issues: Contract Issues:
Kathy Hopkins Chris Boone
Flood Mitigation Planning Community Development Director
Texas Water Development Board City of Beaumont
P.O. Box 13231 801 Main Street
Austin,Texas 78711-3231 Beaumont,Texas 77701
Email:gpntra wdb.state.tx.us
Payment Request Submission:
Payment Request Submission: Chris Boone
Texas Water Development Board Community Development Director
Attention: Accounts Payable City of Beaumont
P.O. Box 13231 801 Main Street
Austin,Texas 78711-3231 Beaumont,Texas 77701
Email:invoice rr twdb.state.tx.us
Physical Address:
Physical Address: City of Beaumont
Stephen F. Austin State Office Building 801 Main Street
1700 N.Congress Avenue Beaumont,Texas 77701
Austin,Texas 78701
Section II,Page 8 of 8
Exhibit A
Federal Larva and Rules
FEMA,through its Grant Agreement with the Texas Water Development Board,requires all
grant recipients to comply with the following federal laws and rules:
1. 44 CFR, Part 13: Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments.
2. 44 CFR, Part 7: Nondiscrimination in Federal Assistance Programs
3. 44 CFR,Part 10: Environmental Considerations
4. 44 CFR, Part 14: Administration of Grants: Audits of State and Local Governments
5. 44 CFR,Part 17: Government-wide Debarment and Suspension(non-procurement)and
Government-wide Requirements for Drug-Free Workplace
6. 44 CFR,Part 18: New Restrictions on Lobbying
7. 44 CFR,Subchapter B -Insurance and Hazard Mitigation
8. 44 CFR,Subchapter C-Fire Prevention and Control
9. 44 CFR,Subchapter D-Disaster Assistance
10.44 CFR,Subchapter E-Preparedness
11.44 CFR Section 205.6-Funding Techniques
12. Public Law 95-224-Federal Grant and Cooperative Agreement Act of 1997
13. Public Law 101-336-The Americans with Disabilities Act
14. Executive Order 12372- lnteapmanental Review of the Federal Emergency Management
Agency Programs and Activities
15.OMB Circular A-102-Uniform Administrative Requirements for Grants and Cooperative
Agreements with State and Local Governments
16.OMB Circular A-87-Cost Principles for State and Local Governments
17.OMB Circular A-110-Uniform Administrative Requirements for Grants and Cooperative
Agreements with Institutions of Higher Education,Hospitals,and Other Non-Profit
Organizations
18.OMB Circular A-21 -Cost Principles for Educational Institutions
19.OMB Circular A-133- Audits of Institutions of Higher Education and Other Aeon-Profit
Organizations
20. OMB Circular A-122-Cost Principles for Non-Profit Organizations
2I. OMB Circular A-123- Internal Control System
22.OMB Circular A-50-Audit Follow-up
23. FEMA Manual 2700.1 -Advance Financing Payment Systems
Exhibit A,Page 1 of 1
Print Application Page 28 of 49
200.1 -Acquisition of Private Red Property(Strudures and Land)-Riverine Federal Share:$1,130,732.63 cost
Imam None ClessMeabon y asure Unit utMs Unit Cost(_) Estimate(S)
Mitigation dyer amount for 9 properties t.snd.Strudu es„Right-of-wsy 9.00 Each $113,913.11 $1,025,217.99
Appraisals Adminisbupwe Expense 9.00 Each $50000 $4,500.00
Acquisition Project Rep Fee Administrelive Expense 9.00 Each S 1,000.00 $9.000.00
Replacement Horne Supplement Land,Structures.Right-of-NW 9.00 Each $14.106.67 S 127.50003
Emkprrnentd hnspedion s(Asbesbs) Demolition And Removal 9.00 Each $450.00 $4,050.00
Demolition Demolition And Removal 9.00 Each S 8.500.00 $76.500-00
Settlement Expanses Administrative Expense 9.00 Each $1,068.89 $9.602.01
Total Cost S 1,258,370.03
TOW project Cost fttkneo:S 1,256,370.03
• I
Exhibit H,Page 29 of 54
httpsJ/eservices.fema.gov/FEMAMitigation/Print.do 4/23/24!C
i
Print Application Page 29 of 49
Match Sources
AcMy Cost Estimate $1.250.370-03
Federal Share Percentage 89.9969684%
Non-Federal Sham Peramtoge 10.0000318%
Dollars Perv~
Proposed Federal Sham $1.130.732.83 89.9999684%
Proposed Non-Federal Share $125.637.40 10.0000318%
Ma dit Funds
Sourcf Agency Name of FundhV Type Aarount(S) Action
Source Ag ericy
Other(Homeowner contribution) Homeowner cordribution Cash $125.837.40
Grand Total $125,637.40
If you would No to rnalm any comments,please enter them bebw.
Attachrr BIft
Funding Source Other Agency Funding(Homeowner conkibutlan)
Name of Funding Source Homeowner contribution
Funding Type Cash
Amowrt $125,637-40
Date of eva"Wity 02-01-2010
Funds com *nant letter date 01-13-2010
Attodurrent(funds commitment letter) WMAII.Ids Csrt4XK
Exhibit B,Page 30 of 54
Mugs://eservices.fema.gov/FEMAMitigation/Print.do 4/23/2010
4
September 14,2010
Consider approving a contract for the purchase of Sodium Hydroxide for use by the Water
Utilities Department
RICH WITH OPPORTUNITY
BEAUMON*
T • $ • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial OiFicerp
MEETING DATE: September 14, 2010
REQUESTED ACTION: Council consider authorizing the award of a contract for the
purchase of Sodium Hydroxide.
RECOMMENDATION
The ' ministration recommends the award of a six(6)month contract to FSTI, Inc., of Austin, in
the amount of$191,200.
BACKGROUND
Sodium Hydroxide is used by the Water Utilities Department to purify the City's water supply.
The Water Utilities Department expects to purchase five hundred(500)dry tons during the term
of the contract. FSTL Inc., has held this contract previously. The new contract represents an
approximate sixty-eight percent(68%)increase over the last contract. Bid tabulations are as
follows:
VENDOR UNIT PRICE TOTAL PRICE
PER DRY TON 500 DRY TONS
FSTI, Inc. $382.40 $191,200
Austin, TX
Harcross Chemical $404.00 $202,000
Pasadena, TX
Univar, Inc. $406.00 $203,000
Dallas, TX
Key Chemical $420.91 $210,455
Wxahaw,NC
Altivia, Inc. $436.00 $218,000
Houston, TX
Ma Industries $488.00 $244,000
Houston, TX
Contract for the purchase of Sodium Hydroxide
September 14, 2010
Page 2
VENDOR UNIT PRICE TOTAL PRICE
PER DRY TON 500 DRY TONS
FVS Minibuk Inc. $560.00 $280,000
Detriot, MI
Basic Chemical, Corp. $790.00 $395,000
Houston, TX
BUDGETARY E"ACT
Funds are available for this expenditure in the Water Utilities Department's operating budget.
RESOLUTION NO.
WHEREAS, bids were solicited for a six (6) month contract for the purchase of
sodium hydroxide for use by the Water Utilities Department; and,
WHEREAS, FSTI, Inc., of Austin, Texas, submitted a bid for an estimated amount
of $191,200 as shown below:
UNIT PRICE PER DRY TON TOTAL PRICE 500 DRY TONS
$382.40 $191,200
and
WHEREAS, City Council is of the opinion that the bid submitted by FSTI, Inc., of
Austin, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are
hereby, in all things, approved and adopted.; and
THAT the bid submitted by FSTI, Inc., of Austin, Texas, for a six(6) month contract
for the purchase of sodium hydroxide for use by the Water Utilities Department in the unit
amounts as shown above for an estimated amount of $191,200 be accepted by the City
of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of
September, 2010.
- Mayor Becky Ames -
I
I
WORKSESSION
* Review and discuss a possible advisory or
review board for the Police Department