HomeMy WebLinkAboutPACKET OCT 12 2010 RICH WITS OPPORTUNITY
11EAiUM0N*
T • E • % • A • S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS OCTOBER 12,2010 1:30 P.M.
CONSENT AGENDA
* Approval of minutes- October 5, 2010
* Confirmation of committee appointments
A) Approve a one year contract with the Art Museum of Southeast Texas
B) Approve a one year contract with the Southeast Texas Arts Council
C) Approve a one year contract with the Texas Energy Museum
D) Approve a one year contract with BUILD, Inc.,Beaumont Main Street for downtown
economic development purposes
E) Approve a one year contract with the Beaumont Heritage Society/John Jay French
Museum
A
RICH WITH OPPORTUNITY
BEAUMON*
T • a • g • • • 8 City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: October 12, 2010
REQUESTED ACTION: Council consider authorizing a one year contract with the
Art Museum of Southeast Texas in the amount of$185,000.
RECOMMENDATION
The Administration recommends funding the Art Museum of Southeast Texas(AMSET)$185,000
for FY 2011 from Hotel Occupancy Tax and General Funds.
BACKGROUND
The City of Beaumont(City) and AMSET entered into a lease agreement on December 30, 1986
whereby the City and AMSET agreed to a 99-year lease on the land and building to be used as an art
museum. The City supports AMSET with annual allocations and garbage removal. In return
AMSET is open to the general public and strives to provide programs and services to the entire
community. Approximately 36,700 children and adults participated in Art Museum activities last
year. The City may utilize a portion of its revenue derived from the hotel-motel occupancy tax to
promote the arts.
BUDGETARY IMPACT
Funds are available in the FY 2011 budget with$85,000 funded through the Hotel Occupancy Tax
Fund and $100,000 f ended by the General Fund.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a one-year contract,
substantially in the form attached hereto as Exhibit "A," between the Art Museum of
Southeast Texas (AMSET) and the City of Beaumont in the amount of $185,000 for FY
2011.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
October, 2010.
- Mayor Becky Ames -
AGREEMENT FOR THE OPERATION OF AN ART MUSEUM
WHEREAS, the Art Museum of Southeast Texas, a Texas non-profit corporation,
hereinafter referred to as "Museum", and the City of Beaumont, a municipal corporation
of the State of Texas, hereinafter referred to as "City", agree as follows:
1.
City hereby hires and engages Museum to operate an art museum open to the
public on the premises leased from the City and described in the lease between the parties
dated December 30, 1986 and made a part hereof for all purposes(herein"the premises").
Museum agrees to accept such hiring and hereby agrees to operate such art museum.
2.
This agreement shall be for a term of one year commencing October 1, 2010. The
City agrees to pay museum the sum of Forty-Six Thousand Two Hundred Fifty Dollars
($46,250) per quarter. Of the total annual sum of One-Hundred Eighty-Five Thousand
($185,000)Dollars, Eighty-Five Thousand($85,000)Dollars will be derived from the Hotel
Occupancy Tax authorized by Tax Code Section 351.001 et.seq.which requires that such
funds be expended for arts and historical events or projects that directly enhance and
promote tourism and the convention and hotel industry.
3.
Expenditure of the Eighty-Five Thousand($85,000)Dollars from Hotel Occupancy
Tax (HOT) funds shall be related to the purposes established by Tax Code Section
351.101(a)(4).
EXHIBIT "A"
4.
Funding under this contract will require that should a seminar be held during the
term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds
are made in compliance with the Act, a representative of the Museum will attend the
seminar.
5.
The Museum shall submit quarterly reports in the format provided by the City
reflecting the activities of Museum as they relate to the HOT funds authorized in this
contract.
6.
City or Museum may terminate this Agreement for cause if either party defaults in
the performance of any covenant or condition of this Agreement. Prior to such termination
City or Museum must provide the other party with written notice of such default and if the
party does not cure the default within fifteen (15) days after the giving of notice the party
giving such notice may terminate the Agreement by written notice.
7.
City shall allow Museum and its employees, volunteers, patrons and guests to use
fifty(50)designated parking spaces in the City owned parking lot lying directly to the east
across Main Street from the premises during periods of use of the premises. Otherwise
such spaces may be used for City's Civic Center and theater event parking. In addition,
the City shall provide free parking for buses transporting school children to the art
museum.
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Said parking places to be as available and as directed by the City's Civic Center director
at a site convenient to the Museum. Parking spaces on the premises shall be available
for City's use during periods when the premises are not in actual use.
IN WITNESS, WHEREOF City and Museum have executed or caused to be
executed by their authorized officers or agents this Agreement on the day of
, 2010.
CITY OF BEAUMONT ART MUSEUM OF SOUTHEAST TEXAS
By: By:
Kyle Hayes Name:
City Manager Title:
ATTEST: ATTEST:
By: By:
City Clerk Name:
Title:
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I
RICH WITH OPPORTUNITY
BEAUM�ON*
T • R * X • A * S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Lava Clark, Chief Financial Officer 15
MEETING DATE: October 12, 2010
REQUESTED ACTION: Council consider authorizing a one year contract with the
Southeast Texas Arts Council (SETAC) in the amount of
$105,000.
RECOMMENDATION
The Administration recommends funding the Southeast Texas Arts Council$105,000 for FY 2011
from the Hotel Occupancy Tax Fund.
BACKGROUND
The City is entitled to utilize revenues derived from the hotel-motel occupancy tax to promote the
arts. The City contracts with SETAC to utilize 75%of its contract payment for production of the
magazine"Off Ramp" highlighting local events and"Tear Off' Attraction Maps for distribution to
hotels, as well as other programs and exhibitions that bring artists to the area and promote the rich
musical heritage of the area . The remaining 25%is used for operating expenses.
BUDGETARY EWPACT
Funds are available in the Hotel Occupancy Tax Fund.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a one-year contract,
substantially in the form attached hereto as Exhibit"A,"between the Southeast Texas Arts
Council (SETAC) and the City of Beaumont in the amount of$105,000 for FY 2011.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
October, 2010.
- Mayor Becky Ames -
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT
This agreement between the City of Beaumont, a municipal corporation,
herein called"City",and the Southeast Texas Arts Council,a Texas non-profit corporation,
herein called "Council", is as follows:
WITNESSETH
WHEREAS,V.T.C.A. Tax Code Section 351.001 et.seq., authorizes the City to
use revenue derived from its hotel occupancy tax "for general promotional and tourist
advertising of the city and its vicinity and conducting a solicitation and operating program
to attract conventions and visitors, either by the City or through contracts with persons or
organizations selected by the City; and,
WHEREAS,V.T.C.A.Tax Code Section 351.101(a)(4),authorizes the City to use
a limited portion of the revenue derived from its hotel occupancy tax for the
encouragement,promotion, improvement and application of the arts,including instrumental
and vocal music, dance, drama, folk art, creative writing, architecture, design and allied
fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio,
television, tape and sound recording, and other arts related to the presentation,
performance, execution and exhibition of these major art forms; and, for projects that
directly enhance and promote tourism and the convention industry.
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EXHIBIT "A"
WHEREAS,the Southeast Texas Arts Council is the proper organization to provide
assistance in the responsible distribution of public funds for support of the arts in
Beaumont;
Now, Therefore, the City and the Council agree as follows:
1. The payment of the total amount of One-Hundred Five-Thousand ($105,000)
Dollars by City to Council will be made from funds as available and as collected from the
Hotel Occupancy Tax. Payments of Eight-Thousand Seven-Hundred and Fifty Dollars
($8,750)will be made monthly commencing October 1, 2010.
Any funds not expended for the projects and purposes approved will be retained
by the Council to be reallocated for similar arts purposes by approval of the City.
2. All expenditure of funds from the Hotel Occupancy Tax shall be reasonably
related to the purposes established by V.T.C.A. Tax Code 351.101(a)(4).
3. The Council is an independent contractor and is not an officer, agent or
employee of the City.
4. The Council shall submit quarterly reports in the format provided by the City
reflecting the activities of the Council as they relate to this contract. The Council shall
submit such reports quarterly commencing January 15, 2011.
5. The City Manager or his designated representative shall, upon reasonable
notice, have the right to inspect all books and records of the Council.
6. It is understood and agreed that either party may terminate this contract by
giving to the other party notice in writing of said termination thirty(30) days in advance.
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7. Upon termination of this agreement, unless it be renewed, the Council shall
deliver to the City all funds paid under this contract that it may have and all removable
personable property that may have been purchased with funds derived from said tax.
8. Funding under this contract will require that should a seminar be held during the
term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds
are made in compliance with the Act, a representative of the Council will attend the
seminar.
9. Council agrees to indemnify, save harmless, and defend the City of Beaumont
from any and all claims, causes of action and damages of every kind arising from the
operations of Council, its officers, agents and employees, including the officers, agents,
and employees involved in museum operation and specifically including herein any and
all acts of negligence by the City of Beaumont, its agents, officers or employees, carried
out under the terms of this agreement.
EXECUTED this the day of . 2010.
CITY OF BEAUMONT
By:
Kyle Hayes
ATTEST: City Manager
By:
City Clerk
SOUTHEAST TEXAS ARTS COUNCIL
By:
Name:
ATTEST: Title:
By:
Name:
Title:
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RICH WITH OPPORTUNITY
BEAUMON*
T • R • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer/
MEETING DATE: October 12, 2010
REQUESTED ACTION: Council consider approving a one year contract with the Texas
Energy Museum in the amount of$95,000.
RECOMMENDATION
The Administration recommends funding the Texas Energy Museum,$95,000,for FY 2011 from the
Hotel Occupancy Tax Fund.
BACKGROUND
The City is entitled to utilize revenues derived from the hotel-motel occupancy tax for historic
preservation and the promotion oftourism. The Texas Energy Museum meets the above criteria by
highlighting the history,along with current developments, of the oil industry in the Southeast Texas
region.
BUDGETARY EWPACT
Funds are available in the Hotel Occupancy Tax Fund.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a one-year contract,
substantially in the form attached hereto as Exhibit "A," between the Texas Energy
Museum and the City of Beaumont in the amount of$95,000 for FY 2011.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
October, 2010.
- Mayor Becky Ames -
STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT
This agreement between the City of Beaumont, a municipal corporation, herein
called "City", and the Texas Energy Museum, herein called 'TEM", is as follows:
WITNESSETH:
WHEREAS,V.T.C.A.,Tax Code Section 351.001 et-seq.,authorizes the City to levy
by ordinance, a hotel tax which may not exceed seven percent(7%)of the consideration
paid by a hotel occupant; and
WHEREAS, V.T.C.A. Tax Code Section 351.101 (a)(5), authorizes the City to use
a portion of the revenues derived from its hotel occupancy tax for historical restoration and
preservation projects or activities or advertising and conducting solicitation and
promotional programs to encourage tourists and convention delegates to visit preserved
historic sites or museums at or in the immediate vicinity of convention center facilities or
located elsewhere in the municipality or its vicinity that would be frequented by tourists;
and, for projects that directly enhance and promote tourism and convention activities.
WHEREAS, under the authority of V.T.C.A. Tax Code Section 351.101(a)(5), the
City desires to provide financial assistance to TEM.
NOW, THEREFORE, the City and TEM agree as follows:
1. City agrees to pay to TEM the amount of Ninety-Five Thousand ($95,000)
Dollars. The payment provided for herein will be made quarterly in the amount of Twenty-
Three Thousand Seven-Hundred ($23,750) Dollars per quarter commencing October 1,
2010 from funds as available and collected from the hotel occupancy tax.
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EXHIBIT "A"
Any funds not expended by TEM will be retained by TEM to be reallocated for
similar purposes by approval of City.
2. All expenditure of funds shall be reasonably related to the purposes established
by V.T.C.A. Tax Code Section 351.101(a)(5).
3. The TEM is an independent contractor and is not an officer, agent or employee
of the City.
4. In return for the payments provided for herein, TEM agrees to operate for the
period October 1, 2010 to September 30, 2011.
5. The TEM shall submit quarterly reports in the format provided by the City
reflecting the activities of TEM as they relate to this contract. The TEM shall submit such
reports quarterly commencing January 15, 2011.
6. The City Manager of City or his designated representative shall, upon
reasonable notice, have the right to inspect all books and records of the TEM.
7. Upon termination of this agreement or any extension thereof, unless it be
renewed, the TEM shall deliver to the City all funds paid under this contract that it may
have and all removable personal property that may have been purchased with funds
derived from said tax.
B. Funding under this contract will require that should a seminar behold during the
term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds
are made in compliance with the Act, a representative of TEM will attend the seminar.
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9. TEM agrees to indemnify, save harmless, and defend the City of Beaumont
from any and all claims, causes of action and damages of every kind arising from the
operations of TEM, its officers, agents and employees, including the officers, agents, and
employees involved in TEM operation and specifically including herein any and all acts of
negligence by the City of Beaumont, its agents, officers or employees, carried out under
the terms of this agreement.
EXECUTED this the day of , 2010.
CITY OF BEAUMONT
By:
Kyle Hayes
City Manager
ATTEST:
By:
City Clerk
TEXAS ENERGY MUSEUM, INC.
By:
Name:
Title:
ATTEST:
By:
Name:
Title:
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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 Officertl/
MEETING DATE: October 12, 2010
REQUESTED ACTION: Council consider approving a one year contract with BUELD,
Inc., Beaumont Main Street in the amount of $75,000 for
downtown economic development purposes.
RECOMMENDATION
The Administration recommends finding BUR D,Inc.,Beaumont Main Street$75,000 for FY 2011
from the General Fund.
BACKGROUND
The Beaumont Main Street program has established a partnership between public and private sectors
that is dedicated to the revitalization of Beaumont's historic Central Business District. The annual
contribution from the City will be matched with other local funds and used to promote downtown
business development and retention.
BUDGETARY EWFACT
Funds are available in the General Fund.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a one-year contract,
substantially in the form attached hereto as Exhibit "A," between BUILD, Inc., Beaumont
Main Street and the City of Beaumont in the amount of$75,000 for FY 2011.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
October, 2010.
- Mayor Becky Ames -
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This agreement is made and entered into by and between the City of Beaumont,
Texas, a municipal corporation of the State of Texas, hereinafter called "City", acting
herein by and through its duly authorized City Manager, and BUILD, Inc., Beaumont Main
Street, a non-profit corporation, hereinafter called"BUILD", acting herein by and through
its President.
WHEREAS, the City believes that economic development and downtown
revitalization are crucial to the continued economic success of City and believes that
BUILD should be retained to carry out a program of work on behalf of City to accomplish
these goals;
NOW,THEREFORE, in consideration of the mutual promises made herein,the City
and BUILD agree as follows:
STATEMENT OF WORK
City does hereby enter into a contract with BUILD to provide a comprehensive
range of plans and projects in Beaumont directed at economic development and downtown
revitalization by:
a) promoting the physical and social development, redevelopment and
economic well being of downtown Beaumont;
b) creating an environment in the downtown area which is conducive to
residential, commercial, employment, recreational and cultural-artistic revitalization;
c) attracting new employers;
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EXHIBIT "A"
d) complying with all provisions of the Contract for Services-Urban Main Street
program between BUILD and the Texas Historical Commission.
COMPENSATION
City hereby agrees to pay to BUILD during the term of this agreement Seventy-five
Thousand Dollars($75,000)from the City's General Fund. BUILD agrees to raise at least
Seventy-Five Thousand ($75,000) in additional funding from the private sector to match
the City's financial commitment.
DISBURSEMENT
Payment to BUILD will be made on a reimbursement basis and those payments will
be supported by proper verifiable documentation.
RECORDS AND REPORTS
Quarterly progress reports detailing the activities and accomplishments of BUILD,
emphasizing compliance with the Urban Main Street Program, will be due thirty(30)days
following the end of the quarter beginning with the quarter ending December 31,2010. In
addition to said quarterly reports, BUILD will also provide an annual review related
specifically to the Urban Main Street Program covering the period of this agreement due
on October 31, 2011.
SUSPENSION AND TERMINATION
The term of this agreement will be October 1, 2010, through September 30, 2011.
Suspension and/or termination may occur if BUILD fails to comply with any or all provisions
of this agreement or for convenience.
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ACCESSIBILITY OF RECORDS
The City retains the right to inspect and/or audit the records of BUILD, Inc. as they
consider necessary to assure compliance with this agreement.
LOSS, DAMAGE, PERSONAL INJURY
BUILD agrees to indemnify, hold harmless and defend, at its own expense,the City
of Beaumont and its officers, agents, servants and employees, from and against any and
all claims, causes of action and damages of every kind arising out of or in conjunction with
the execution, performance attempted performance or non-performance of this contract or
from the operations and actions of BUILD, Inc., its officers, agents and employees.
EXECUTED in duplicate originals this the day of , 2010.
CITY OF BEAUMONT
By:
City Manager
"CITY"
ATTEST:
By:
City Clerk
BUILD, INC.
BEAUMONT MAIN STREET
By:
Executive Director
"BUILD"
ATTEST:
By:
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RICH WITH OPPORTUNITY
BEAUMON*
T • S * s • A * S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager c�.
PREPARED BY: Laura Clark, Chief Financial Officer�/
MEETING DATE: October 12, 2010
REQUESTED ACTION: Council consider approving a one year contract with the
Beaumont Heritage Society/John Jay French Museum in the
amount of$47,000.
RECOMMENDATION
The Administration recommends funding the Beaumont Heritage Society/John Jay French Museum
$47,000 for FY 2011 from the Hotel Occupancy Tax Fund.
BACKGROUND
The City is entitled to utilize revenues derived from the hotel-motel occupancy tax for historic
preservation and the promotion of tourism.
John J. French, an early settler in Beaumont,built the Greek Revival home which has been faithfully
restored;the home contains furniture and fixtures from the mid 196 century and is a tourist attraction
for our city.
BUDGETARY EWPACT
Funds are available in the Hotel Occupancy Tax Fund.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a one-year contract,
substantially in the form attached hereto as Exhibit "A," between the Beaumont Heritage
Society/John Jay French Museum and the City of Beaumont in the amount of$47,000 for
FY 2011.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
October, 2010.
- Mayor Becky Ames -
STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT
This agreement between the City of Beaumont, a municipal corporation, herein
called "City", and the Beaumont Heritage Society operating the John J. French Museum,
herein called "Museum", is as follows:
WITNESSETH:
WHEREAS,V.T.C.A.,Tax Code Section 351.001 et.seq.,authorizes the City to levy
by ordinance, a hotel tax which may not exceed seven percent(7%)of the consideration
paid by a hotel occupant; and
WHEREAS, V.T.C.A. Tax Code Section 351.101 (a)(5), authorizes the City to use
a portion of the revenues derived from its hotel occupancy tax"for historical restoration
and preservation projects or activities or advertising and conducting solicitation and
promotional programs to encourage tourists and convention delegates to visit preserved
historic sites or museums at or in the immediate vicinity of convention center facilities or
located elsewhere in the municipality or its vicinity that would be frequented by tourists;
and,"
WHEREAS, under the authority of V.T.C.A. Tax Code Section 351.101(a)(5), the
City desires to provide financial assistance to Museum for historical restoration,
preservation, and tourism in Beaumont:
NOW, THEREFORE, the City and Museum agree as follows:
Giftmomia DwaWpnw"Oar w WOWY iWORENCH FY 10.,W Page 1
EXHIBIT "A"
1. City agrees to pay to Museum the amount of Forty-Seven Thousand($47,000)
Dollars. The payment provided for herein will be made quarterly in the amount of Eleven
Thousand Seven Hundred and Fifty Dollars ($11,750) per quai#er commencing October
1, 2010 from funds as available and collected from the hotel occupancy tax.
Any funds not expended by Museum will be retained by Museum to be
reallocated for similar purposes by approval of City.
2. All expenditure of funds shall be reasonably related to the purposes established
by V.T.C.A. Tax Code Section 351.101(a)(5).
3. The Museum is an independent contractor and is not an officer, agent or
employee of the City.
4. In return for the payments provided for herein,Museum agrees to operate for the
period October 1, 2010 to September 30, 2011.
5. The Museum shall submit quarterly reports in the format provided by the City
reflecting the activities of the Museum as they relate to this contract. The Museum shall
submit such reports quarterly commencing January 15, 2011.
6. The City Manager of City or his designated representative shall, upon
reasonable notice, have the right to inspect all books and records of the Museum.
7. Upon termination of this agreement or any extension thereof, unless it be
renewed, the Museum shall deliver to the City all funds paid under this contract that it may
have and all removable personal property that may have been purchased with funds
derived from said tax.
C3:WAm mfc Dwebpmo t-HOT f*W&WY iWORENCH FY QAW 2
8. Funding under this contract will require that should a seminar be held during the
term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds
are made in compliance with the Act, a representative of the Museum will attend the
seminar.
EXECUTED this the day of , 2010.
CITY OF BEAUMONT
By:
Kyle Hayes
City Manager
ATTEST:
By:
City Clerk
BEAUMONT HERITAGE SOCIETY
By:
Name:
Title:
ATTEST:
By:
Name:
Title:
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RICH WITH OPPORTUNITY
IIEAUMON*
T • E • X - A - S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS OCTOBER 12,2010 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 approving the purchase of a bulldozer for use at the landfill
2. Consider approving the purchase of a generator for the Police Headquarters
Building located at 255 College
3. Consider approving the purchase of twenty-four patrol vehicles for use by the
Police Department
4. Consider approving a contract for the construction and installation of transit stop
covers at 21 locations throughout the city
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 Goverment Code:
City of Beaumont v. Greg Abbott,Attorney General of Texas,et al
Erik Kvarme,et al v. The City of Beaumont,Texas, et al
Ex Parte James Edward 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
October 12,2010
Consider approving the purchase of a bulldozer for use at the landfill
RICH WITH OPPORTUNITY
IIEAUMON*
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: October 12, 2010
REQUESTED ACTION: Council consider approving the purchase of a dozer for use
by the Solid Waste Division.
RECOMMENDATION
The administration recommends approval of the purchase from Mustang Cat of Houston in the
amount of$554,095.
BACKGROUND
Pricing for the dozer was obtained through the BuyBoard Cooperative Purchasing Program.
Buyboard is a cooperative purchasing association which provides cities and political subdivisions
with the means to purchase specialized equipment at volume prices. BuyBoard complies with the
State of Texas procurement statutes. The purchase price of$554,095 includes the BuyBoard
administrative fee of$400.
The dozer will be used by Solid Waste for moving refuse at the landfill. The dozer will replace
Unit 5085 which is a 1999 model with 17,800 hours of service. The old unit will be disposed of
according to the City's surplus equipment disposal policy.
The basic warranty provided is twelve(12)months. Warranty service is available from Mustang
Tractor,the local Caterpillar dealer.
Delivery is estimated at thirty(30) days.
BUDGETARYIMPACT
Funds are budgeted in the Solid Waste Fund.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of a track-type dozer for use by the
Solid Waste Division from Mustang Cat of Houston, Texas, in the amount of $554,095
through the BuyBoard Cooperative Purchasing Program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
October, 2010.
- Mayor Becky Ames -
2
October 12,2010
Consider approving the purchase of a generator for the Police Headquarters Building located at
255 College
RICH WITH OPPORTUNITY
T • E IIEAUMON*X • A • s Ci Council A enda Item
tY g
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: October 12, 2010
REQUESTED ACTION: Council consider the purchase of an emergency power
generator for the Police Department.
RECOMMENDATION
Administration recommends approval of the purchase from Mustang Cat of Houston in the
amount of$543,559.
BACKGROUND
Pricing for the purchase was obtained through the BuyBoard Cooperative Purchasing Program.
BuyBoard is a cooperative purchasing association which provides cities and political
subdivisions with the means to purchase specialized equipment at volume prices. BuyBoard
complies with the State of Texas procurement statutes. Mustang Cat of Houston is a BuyBoard
contracted vendor.
The new generator set will be installed at the Police Department to provide emergency power for
the entire three (3) story 56,250 sq. ft. facility. The diesel powered emergency power system
includes a Mustang 1500 kilowatt, 480 volt, generator powered by a Caterpillar 3512C diesel
engine that meets Tier II Environmental Protection Agency emission standards. Installation will
be provided by the City's contracted electrical services provider.
Warranty service will be provided by Mustang Cat in Beaumont. Delivery is expected in
approximately 150 to 180 days.
BUDGETARYIMPACT
Funding for this purchase will be provided by the 2007 Supplemental Port Security Grant, which
requires a 25%match. The City's portion in the amount of$135,889.75 was budgeted for in the
Capital Reserve Fund.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of an emergency power generator
for the Police Department from Mustang Cat of Houston,Texas, in the amount of$543,559
through the BuyBoard Cooperative Purchasing Program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
October, 2010.
- Mayor Becky Ames -
3
October 12,2010
Consider approving the purchase of twenty-four patrol vehicles for use by the Police Department
RICH WITH OPPORTUNITY
IIEAUMON*
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: October 12, 2010
REQUESTED ACTION: Council consider approving the purchase of twenty-four
(24)patrol vehicles for use by the Police Department.
RECOMMENDATION
The administration recommends approval of the purchase from Philpott Motors of Nederland in
the amount of$535,824.
BACKGROUND
Pricing for this purchase is obtained through the Houston-Galveston Area Council (H-GAC)
Cooperative Purchasing Program. H-GAC is a cooperative purchasing association providing
cities and political subdivisions with the means to purchase specialized equipment at volume
pricing. H-GAC complies with the State of Texas procurement statutes. The purchase price
includes the H-GAC administrative fee of$600.
All twenty-four(24)patrol vehicles requested will replace units that are used in daily operations
by the Patrol Division. The vehicles to be replaced are on a scheduled replacement cycle in order
to keep serviceable vehicles available at all times. The replaced vehicles may be disposed of
according to the City's surplus property disposal policies or relocated to other divisions.
The new vehicles are 2011 Ford Crown Victorias with the police package. These vehicles will
include a Safe Stop vehicle anti theft system. The Safe Stop system allows an officer to leave a
vehicle running while simultaneously disabling it from being moved by anyone but that officer.
Standard warranties of 36,000 miles or three (3)years are provided for each new vehicle. The
warranty service is provided by Philpott Motors of Nederland. Delivery is expected within thirty
(30) days.
BUDGETARYIMPACT
Funds are budgeted in the Capital Reserve Fund.
RESOLUTION NO. 09-337
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby, authorized to approve the purchase of
twenty-four (24) patrol vehicles for use by the Police Department from Philpott Motors in
the amount of $535,824 through the Houston-Galveston Area Council (H-GAC)
Cooperative Purchasing Program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
October, 2010.
- Mayor Becky Ames -
4
October 12,2010
Consider approving a contract for the construction and installation of transit stop covers at 21
locations throughout the city
RICH WITH OPPORTUNITY
IIEA,U
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: October 12, 2010
REQUESTED ACTION: Council consider the award of a contract for constructing
Transit Stop Covers.
RECOMMENDATION
Administration recommends the award of a contract for the construction of Transit Stop Covers
to Bruce's General Construction, Inc. in the amount of$294,980.
BACKGROUND
As part of the American Recovery and Reinvestment Act of 2009, the Beaumont Transit System
was awarded $23M for equipment and facility improvements. Included in the grant was
$300,000 for new Transit Stop Covers.
The Labiche Architectural Group, Inc. designed the new transit covers. The covers consist of a
metal frame with a solid roof and open ends. Each includes a metal sign panel designating the
route. Two sized units, including an 8 ft. x 10 ft. seating five (5) and a 10 ft. x 15 ft. seating ten
(10), will be installed at twenty-one(21) locations throughout the city. The route demand was
used to determine the size to be placed at the various locations.
Four(4) bids were received for this project and are as follow:
Contractor Location Price Completion Time
Bruce's General Construction Beaumont $294,980 180 days
Brammer Construction, Inc. Nederland $296,972 100 days
H. B. Neild& Sons, Inc. Beaumont $317,000 120 days
Basco Construction, Inc. Nederland $334,803 110 days
Transit Bus Covers
October 6, 2010
Page 2
The recommended low bidder, Bruce's General Construction of Beaumont, is a certified
Minority Owned Business.
The new Transit Stop Covers will be installed at the following locations:
ROUTE STOP SIZE
South Park Virginia/Rolfe Christopher 10 seat unit
South Park Avenue C/Washington 10 seat unit
Parkdale Walmart 10 seat unit
Parkdale Parkdale Mall 10 seat unit
South Park Florida/Highland 5 seat unit
South Park Virginia/Highland 5 seat unit
South Park Lavaca/Irving 5 seat unit
South 11' 11"' St. @ Fertitta's Store 5 seat unit
South 11`' Fannin @ Baptist Hospital 5 seat unit
South 11' 8"'@ MHMR 5 seat unit
Parkdale Concord/East Lucas 5 seat unit
Parkdale Concord/Russell Dr. 5 seat unit
Calder Calder @ Christus St. Elizabeth 5 seat unit
Calder 23' @ Calder 5 seat unit
Calder Dowlen/Phelan 5 seat unit
Calder Calder/Dowlen 5 seat unit
College College/Pinchback 5 seat unit
College 4"'/Sarah 5 seat unit
Magnolia Magnolia/Weiss 5 seat unit
Pine Magnolia Gardens 5 seat unit
Pine Maida @ Maida Apartments 5 seat unit
Transit Bus Covers
October 6, 2010
Page 3
There are a total of thirty-nine (39)transit stops throughout the City. As funding becomes
available all stops will be replaced.
Attached is a rendering of the Transit Covers including the stop designed for Lamar University.
BUDGETARYIMPACT
Funds are available through the American Recovery and Reinvestment Act grant.
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RESOLUTION NO.
WHEREAS, bids were solicited for a contract for constructing Transit Stop Covers;
and,
WHEREAS, Bruce's General Construction, Inc., of Beaumont, Texas, submitted a
bid in the amount of$294,980; and,
WHEREAS, City Council is of the opinion that the bid submitted by Bruce's General
Construction, Inc. 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 Bruce's General Construction, Inc. of Beaumont, Texas
in the amount of $294,980 for constructing Transit Stop Covers be accepted by the City
of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
October, 2010.
- Mayor Becky Ames -