HomeMy WebLinkAboutPACKET NOV 22 2011 RICK viva orroavwxssr
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REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS NOVEMBER 22,2011 1:30 P.M.
CONSENT AGENDA
* Approval of minutes—November 15,2011
* Confirmation of committee appointments
A) Approve a contract for excess workers' compensation insurance
B) Authorize an interlocal agreement with the Harris County Department of Education
C) Authorize the settlement of the lawsuit styled Hugh John Tarver v. City of Beaumont,
Cause No. A-188,912
A
RICH WITH OPPORTUNITY
BEAUMO,N*
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: November 22, 2011
REQUESTED ACTION: Council consider authorizing the award of a contract for
excess workers' compensation insurance.
RECOMMENDATION
The administration recommends the award of a contract to McGriff, Seibels and Williams of
Dallas in the estimated annual amount of$87,500.
BACKGROUND
The City is self-insured for its workers' compensation program. The excess insurance coverage
limits the City's liability for claims from any one job-related accident or injury. The City's
liability is called Self Insured Retention (SIR), which means the insurance carrier will cover all
costs incurred on any individual claim of more than $500,000, up to any amount authorized by
statute. Our current policy is with Star Insurance Company. The annual premium for the
calendar year of 2011 was $85,000. Approximately 1275 full-time employees and 300 part-time,
temporary and/or casual employees are covered by workers' compensation.
• Request for Proposal was sent to twenty-one (21) vendors. Two (2) responses were received.
• panel of City employees reviewed the responses. The panel chose McGriff, Seibels and
Williams who represents Star Insurance Company. Star Insurance Company has a Best Rating
of A-IX. All specifications were met and the results are attached for review.
This policy is for one (1) year, with an option to renew for two (2) additional, one (1) year
periods at the same guaranteed rate. Based on the 2012 projected payroll of $71,830,500, the
annual premium for the first year is $87,500. The estimated annual premium for the following
two (2) years will be based on a rate of$.1219 per$100 of payroll.
BUDGETARYIMPACT
Funds are budgeted in the Employee Benefits Fund.
WORKERS' COMPENSATION EXCESS INSURANCE
PROPOSAL ANALYSIS
Vendors Submitting Responses Met Best Specific W. C. Rate Per Estimated Comments
Specs Rating Excess Limit $100 Annual
Retention a roll Premium
No payroll audit.
Star Insurance Company $500,000 Statutory .1219 $87,500 Option to renew for
Yes A-IX Flat two additional years at
McGriff, Seibels & Williams the same guaranteed
r$500,000 $10,000,000 Not offered Not offered rate of.001219 per
$100 of payroll
Indemnity claim fee
$500,000 Statutory NA $112,129 $1,700. Medical only
Texas Municipal League No Self claim fee$190.
Intergovernmental Risk Pool Insured Payroll is audited and
"rerated" annually.
$500,000 $10,000,000 Not offered Not offered Option to renew for
two additional years.
* Based on estimated annual payroll of$71,830,500
PF 1012-02 Council attachment
RESOLUTION NO.
WHEREAS, bids were received for a policy for excess workers' compensation
insurance; and,
WHEREAS, McGriff, Seibels and Williams of Dallas, Texas, representing Star
Insurance Company, submitted a bid as follows:
$87,500 Annual flat rate based on the 2012 projected payroll of
$71,830,500 for the first year
$.1219 Per $100 of payroll for the optional two (2) additional one (1)
year periods
and,
WHEREAS, City Council'is of the opinion that the bid submitted by McGriff, Seibels
and Williams of Dallas,Texas, representing Star Insurance Company,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 McGriff, Seibels and Williams, representing Star
Insurance Company, for a policy for excess workers' compensation insurance in the
amount shown above be accepted by the City of Beaumont. The policy is effective
January 1, 2012, for one year with an option to renew two (2) additional one (1) year
periods at the same guaranteed rate; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a contract with Star Insurance Company, of Dallas, Texas, for the
purposes described herein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of
November, 2011.
- Mayor Becky Ames -
B
RICH WITH OPPORTUNITY
BEAU'm"u'N*
T • Z • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: November 22, 2011
REQUESTED ACTION: Council consider authorizing an interlocal agreement with
the Harris County Department of Education.
RECOMMENDATION
The administration recommends approval.
BACKGROUND
Harris County Department of Education(HCDE), also known as Choice Facility Partners is a
purchasing cooperative with legally and competitively procured facility contracts for products
such as furniture, building supplies, etc. Using purchasing cooperatives allows governmental
agencies to receive savings benefits from the buying power of larger contracts. There is no
charge for governmental agencies to use HCDE contracts.
In Texas, legal competitively procured contracts may be used under Title 7 of the Governmental
Code, Chapter 791 and under Title 8 of the Local Government Code, Chapters 262 and 271 by
means of interlocal agreements between governmental agencies. A copy of the agreement is
attached for review.
BUDGETARY IMPACT
The interlocal agreement has no budgetary impact.
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 Municipality Master
Service Interkocal Contract with the Harris County Department of Education (HCDE). The
contract is substantially in the form attached hereto as Exhibit"A" and made a part hereof
for all purposes .
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of
November, 2011.
- Mayor Becky Ames -
Municipality Master Service Interlocal Contract
Between Harris County Department of Education
&City Of BEAUMONT
Pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code and
Chapter 271, Subchapter F of the Texas Local Government Code, this Interlocal and Cooperative
Purchasing Program Contract ("Contract") is made and entered into by and between the Hams
County Department of Education ("HCDE"), located in Houston, Texas, and City of
BEAUMONT ("CITY"), located in BEAUMONT Texas, for the
purpose of providing services.
Preamble
HCDE is a local governmental entity established to promote education in Harris County, Texas
and is also duly authorized to provide programs and services in the State of Texas. Both HCDE
and CITY desire to set forth, in writing, the terms and conditions of their agreement.
General Terms and Conditions
In consideration of the mutual covenants and conditions contained in this Contract and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties intending to be legally bound agree as follows:
1. Term. This Contract is effective from the date of the last signature and shall
automatically renew unless either party gives thirty (30) days prior written notice of non-
renewal. This Contract may be terminated by either party with or without cause with
thirty (30) days written notice. See other means of terminating the contract in Article 11,
below. Any such notice shall be sent according to Article 8.
2. Agreement. The terms of this Contract shall apply and will be considered a part of any
Addendum for programs and services delivered by HCDE. This Contract and the attached
and incorporated Addendum, purchase orders, or exhibits, if any, contain the entire
agreement of the parties and there are no representations, agreements, arrangements, or
undertakings, oral or written, between the parties to this Contract other than those set
forth in this Contract and duly executed in writing.
3. Purpose and Scope of Work.
A. HCDE agrees to:
• Provide CITY with subsequent independent contracts and/or descriptive offerings of
each of the programs and services that HCDE provides through its respective
divisions.
• Provide services upon the submission of independent contracts or purchase orders
within the HCDE divisions.
• Conduct, as a minimum, an annual audit or survey, as appropriate, for each of the
programs.
B. CITY agrees to:
■ Participate in any or all of the services that HCDE has to offer.
• Submit purchase order(s) or independent contract(s) for each of the programs it
wishes to purchase and/or collaborate.
■ Agree to follow the terms and conditions of each independent contract or purchase
orders for each of the programs.
Municipality Master Service Interlocal Contract EXHIBIT "A" Updated 06/23/09
■ Assign the appropriate person to act as representative to each respective program
delivered.
4. As is. HCDE makes this Contract available to HCDE participating entities "as is" and
are under no obligation to revise the terms, conditions, scope, prices, and/or any
requirements of the Contract for the benefit of CITY.
5. Assignment. Neither this Contract nor any duties or obligations entered in subsequent
contracts because of this agreement shall be assignable by either party without the prior
written acknowledgment and authorization of both parties.
6. Conflict of Interest. During the Term of HCDE's service to CITY, CITY, its personnel
and agents, shall not, directly or indirectly, whether for CITY's own account or with any
other person or entity whatsoever, employ, solicit or endeavor to entice away any person
who is employed by HCDE.
7. Contract Amendment. This Contract may be amended only by the mutual agreement of
all parties in writing to be attached to and incorporated into this Contract.
8. Notice. Any notice provided under the terms of this Contract by either party to the other
shall be in writing and shall be sent by certified mail, return receipt requested. Notice
to shall be sufficient if made or addressed as follows:
Harris County Department of Education City of Beaumont
Attn: John E. Sawyer, Ed.D. Attn: Kyle Hayes
County School Superintendent Title: City Manager
6300 Irvington Blvd. Address 1: 801 Main St., Ste. 315
Houston, Texas 77022 Address 2: Beaumont,TX 77704
713-694-6300 Phone: 409-880-3720
Email: pbardweil @ci.beaumont.tx.us
9. Relation of Parties. It is the intention of the parties that CITY is independent of HCDE
and not an employee, agent, joint venturer, or partner of HCDE and nothing in this
Contract shall be interpreted or construed as creating or establishing the relationship of
employer and employee, agent, joint venturer or partner, between HCDE and CITY or
HCDE and any of CITY's agents.
10. Non-Exclusivity of Services. Nothing in this Contract may be construed to imply that
HCDE has exclusive right to provide CITY these services. During the Term of Contract,
CITY reserves the right to use all available resources to procure other professional
services as needed and, in doing so,will not violate any rights of HCDE.
11. Termination. This Contract may be terminated prior to the expiration of the Term hereof
as follows:
• By CITY upon 30 days notice if the work/service is not provided in a
satisfactory and proper manner after a remedy has been reported and
discussed;
• By mutual written agreement of the parties, upon thirty (30) days prior
notice; or
• By either party immediately if the other party commits a material breach
any of the terms of this Contract and no remedial action can be agreed
upon by the parties.
Municipality Master Service lnterlocal Contract Page 2 of 3 Updated 06/23/09
12. Master Contract. This Contract can be utilized as the Master Contract. The general
terms and conditions in this Contract will serve to outline the working relationship
between HCDE and the CITY. Both parties agree to allow the CITY to use any or all of
the following programs and/or services with no charge from HCDE: Choice Facility
Partners (CFP), Gulf Coast Food Cooperative, Purchasing Cooperative, Drug Testing
Services and Fuel Cooperative.
The CITY agrees to adhere to the terms and conditions set forth for the programs and/or
services as contracted under these programs. All other programs and/or services
provided by HCDE requiring a fee will need an addendum to the approved Master
Interlocal Contract. The specific terms and conditions of the addendum will govern that
individual contract. In the case of a conflict between the Master Contract and any
addendum, the provisions of the addendum will govern.
13. Severability. In the event that any one or more of the provisions contained in this
Contract shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other
provisions, and the Contract shall be construed as if such invalid, illegality, or
unenforceable provision had never been contained in it.
14. Governinp, Law and Venue. This Contract shall be governed by and construed in
accordance with the Iaws of the State of Texas. The mandatory and exclusive venue for
the adjudication or resolution of any dispute arising out of this Contract shall be in Harris
County, Texas.
15. Authorization. Each party acknowledges that the governing body of each party to the
Contract has authorized this Contract.
16. Benefit for Signatory Parties Only. Neither this Contract, nor any term or provisions
hereof, not any inclusion by reference, shall be construed as being for the benefit of any
party not in signatory hereto.
In witness whereof, HCDE and CITY have executed this Contract to be effective on the date
specified in Article 1. Term above:
CITY OF BEAUMONT Harris County Department of Education
Name of City
Authorized Signature
KYLE HAYES John E. Sawyer, Ed.D.
Printed Name
CITY MANAGER County School Superintendent
Title
Date Date
Municipality Master Service Interlocal Contract Page 3 of 3 Updated 06/23/09
C
RICH WITH OPPORTUNITY
B U'I N*
EAUM6"
T • E • X • A s City Council Agenda. Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City AttorneAC--A
MEETING DATE: November 22, 2011
REQUESTED ACTION: Consider a resolution authorizing the settlement of the
lawsuit styled Hugh John Tarver v. City of Beaumont,
Cause No. A-188,912.
RECOMMENDATION
Administration recommends approval of a resolution authorizing the settlement of a lawsuit
styled Hugh John Tarver v. City of Beaumont, Cause No. A-188,912, in the amount of
$100,000.00.
BACKGROUND
This matter was most recently presented and discussed in Executive Session held on November
15, 2011. The City Attorney is requesting authority to settle this suit.
BUDGETARY IMPACT
There are sufficient funds in the Liability Trust Fund to pay the sum of$100,000.
RESOLUTION NO.
WHEREAS, the lawsuit styled Hugh John Tarver v. City of Beaumont, Cause No.
A-188,912, was discussed in Executive Session properly called and held Tuesday,
November 15, 2011; and,
WHEREAS, the Council desires to authorize the settlement of the lawsuit styled
Hugh John Tarver v. Cry of Beaumont, Cause No. A-188,912;
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 Attorney be, and he is hereby, authorized to settle the lawsuit styled
Hugh John Tarver v. City of Beaumont, Cause No. A-188,912,for the sum of One Hundred
Thousand Dollars ($100,000); and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute all documents related to settlement of the lawsuit.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of
November, 2011.
- Mayor Becky Ames -
sign wigs OPPORTOXITT
T • Z X A 8
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS NOVEMBER 22,2011 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-3/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider approving a collective bargaining agreement with the Beaumont Police
Officers Association and authorizing the City Manager to execute the agreement
2. Consider approving a contract for pavement management and signal/sign asset
data collection
3. Consider amending Title I Chapter 20 Section 20.03.003 and Section 20.03.004 of
the Code of Ordinances that would change the speed limit on Tyrrell Park Road,
add a new school zone under Schedule C and create a Schedule G
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment(Persons are limited to 3 minutes)
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
C.F. Jordan Construction, LLC; Event Center
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
November 22,2011
Consider approving a collective bargaining agreement with the Beaumont Police Officers
Association and authorizing the City Manager to execute the agreement
RICH WITH OPPORTUNITY
B,EA,UM,01ffTPk
T • E • g • A 0 s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: November 22,2011
REQUESTED ACTION: Council consider approving a collective bargaining
agreement with the Beaumont Police Officers Association
(BPOA)and authorizing the City Manager to execute the
agreement.
RECOMMENDATION
Administration recommends approval.
BACKGROUND
The existing collective bargaining agreement between the City of Beaumont and the BPOA
expired September 30,2011. Negotiations for a new agreement began in June and concluded in
September with a tentative agreement. The Union membership ratified the tentative agreement
on November 14, 2011, with 160 members voting for the agreement and 22 voting against it.
The new agreement is for a term of three (3)years, expiring September 30, 2014. Under the
agreement there is no wage increase in the first year for the officers, but there is a I% in the
second year and 2%in the third. Consistent with the Fair Labor Standards Act(FLSA)the new
agreement defines the rates at which police officers are paid, specifically hourly rate of pay and
the regular rate of pay, which is used in calculating overtime pay. The reimbursement for the
purchase of protective/ballistic vests is being increased to a maximum of $800 from$600 to
cover the increased cost of vests.
The existing agreement included a provision whereby sergeants were paid an incentive of$200
per month if they supervised five or more people. In the new agreement,the $200 per month was
included in the monthly wages of all sergeants,thus removing the incentive from the agreement
because the majority of sergeants were already getting the incentive. In addition, the new
contract provides for the Emergency Management Coordinator and Assistant Emergency
Management Coordinator to receive an incentive set by the City Manager if either or both
positions are filled by police officers.
Collective Bargaining Agreement with BPOA
November 22, 2011
Page 2
Benefits remain the same in the new agreement with the exception that provisions for the buy
back of vacation leave and the buy back of sick leave were removed. In addition to the above-
mentioned changes,there is routine clean up of contract language, including incorporation of the
appendix from the existing agreement relating to ten hour shifts.
BUDGETARYIMPACT
The FY 2012 Budget did not contemplate a wage increase for police officers,therefore, there is
no immediate impact as a result of the execution of this agreement. Over the three-year term, it
is estimated that the agreement will cost the City approximately$528,000.
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 labor agreement,
substantially in the form attached hereto as Exhibit"A,"with the Beaumont Police Officers
Association commencing upon execution by both parties and expiring on September 30,
2014.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of
November, 2011.
- Mayor Becky Ames -
LABOR AGREEMENT
BETWEEN THE CITY OF BEAUMONT AND
THE BEAUMONT POLICE OFFICERS ASSOCIATION
EXHIBIT "/�"
TABLE OF CONTENTS
Article Provision Paee
PREAMBLE 2
INTENT AND PURPOSE 2
DEFINITIONS 2
1 RECOGNITION 3
2 DISCRIMINATION 4
3 MANAGEMENT RIGHTS 5
4 MAINTENANCE OF STANDARDS 5
5 NO STRIKE - NO LOCK-OUT 6
6 UNION REPRESENTATIVES 6
7 UNION BUSINESS LEAVE 7
8 PAYROLL DEDUCTION OF DUES 8
9 GRIEVANCE AND DISCIPLINARY APPEALS PROCEDURE 9
10 PROBATION AND SENIORITY 14
11 PROMOTIONS 16
12 WORKING OUT OF CLASSIFICATION 18
13 HOURS OF DUTY AND WORK SCHEDULES 18
14 SHIFT EXCHANGE 20
15 CLOTHING 21
16 LEAVE 23
17 HOLIDAYS 27
18 WAGES 29
19 SHIFT DIFFERENTIAL 33
20 OVERTIME, CALL-BACK AND STAND-BY PAY 33
21 LONGEVITY PAY 35
22 INSURANCE 36
23 GENERAL PROVISIONS 40
24 CIVIL SERVICE 42
25 SELECTION 42
26 COPIES OF AGREEMENT 42
27 STABILITY OF AGREEMENT 43
28 POLICE OFFICER'S BILL OF RIGHTS 43
29 IMPASSE PROCEDURE 45
30 RETIREMENT 48
31 DURATION OF AGREEMENT 48
32 SAVINGS CLAUSE 49
APPENDIX "A"— SCHEDULE OF WAGES 50
i
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
This Agreement is made and entered into by and between the City of Beaumont, a
municipal corporation domiciled in the State of Texas, herein referred to as the."Employer,"
and the Beaumont Police Officers Association (BPOA), hereinafter referred to as the
"Union."
INTENT AND PURPOSE
It is the general purpose of this agreement to promote the mutual interests of the Employer
and its employees; to provide for equitable and peaceful adjustment of differences which
may arise; to establish proper standards of wages, hours and other conditions of
employment which will provide and maintain a sound economic basis for the delivery of
public services; and to provide for the operation of the services delivered by the Employer
under methods which will further, to the fullest extent possible, economy and efficiency of
operation, elimination of waste, realization of maximum quantity and quality of output,
cleanliness, protection of property and avoidance of interruptions of service. The parties to
this agreement will cooperate fully to secure the advancement and achievement of these
purposes.
DEFINITIONS
For the purposes of this Agreement, the following definitions shall apply:
A. `Bargaining Unit" means all full-time police officers with the exception of the
Chief of Police of the Department.
B. "Chief means the Chief of Police of the Beaumont Police Department or his
designee.
2
C. "City" means the City of Beaumont.
D. "CLEAT" means the Combined Law Enforcement Associations of Texas.
E. "Department" means the Beaumont Police Department.
F. "Director" means Director of the Beaumont Fire and Police Civil Service
Commission.
G. "Employee" means a sworn police officer who is a member of the bargaining
unit.
H. "Employer" means the City of Beaumont.
I. "Officer" means any sworn officer who is a member of the bargaining unit.
J. "Union" means the Beaumont Police Officers Association.
Pronoun Use
Unless otherwise stated, it is understood and mutually agreed that masculine and feminine
pronouns refer to, and include, both genders equally.
ARTICLE 1
RECOGNITION
Section 1. The Beaumont Police Officers Association, hereinafter referred to as the
"Union," having qualified for exclusive recognition and having been designated by a
majority of the employees in the unit as their representative, is hereby recognized by the
Employer as the sole and exclusive bargaining agent for the employees in the bargaining
3
unit in matters concerning wages, rates of pay, hours of employment, or conditions of work
affecting police officers in the unit.
Section 2. The Union recognizes the City Manager or his designated representative or
representatives as the sole representative or representatives of the Employer for the
purpose of collective bargaining.
Section 3. The rights of the Union, as sole and exclusive bargaining agent, include sole
and exclusive payroll deduction of dues from employee paychecks for Union membership;
sole and exclusive access and use of the Union bulletin boards; and sole and exclusive
representation rights under the grievance procedure herein.
ARTICLE 2
DISCRIMINATION
The Employer agrees not to interfere with the rights of police officers to become members
of the Union and to maintain such membership. The Employer shall not discriminate
against any employee because of his lawful Union activity. The Union agrees that it will not
interfere with, coerce or intimidate any employee into joining the Union. The Union
recognizes that no employee is required to join the Union, but that each employee has the
right to choose of his own free will as to whether or not he will or will not join the Union.
The Union further agrees that there will be no interference with the free right of any
employee of the Employer to enter and leave its premises and property unmolested and
without harassment. It is the mutual obligation of the Employer and the Union to assure
that no employee shall be subject to any discrimination because of race, religion, color, sex,
or national origin.
4
ARTICLE 3
MANAGEMENT RIGHTS
Except as otherwise specifically provided herein, the direction of the work force and the
management of the Department, including, but not limited to, the right to hire, the right to
discipline or discharge for just cause, the right to decide job qualifications for hiring, the
right to lay off for lack of work or funds,the right to abolish positions,the right to make rules
and regulations governing conduct and safety, the right to determine the methods,
processes and manner of performing work of employees, the determination of policy
affecting the selection of new employees, the right to establish work assignments and
performance measurements and standards and the right to implement programs to
increase the cost effectiveness of departmental operations if research dictates the need for
such programs, are vested exclusively in the Employer.
Except in situations of emergency, it is agreed and understood that whenever the Employer
intends to exercise its contractual managerial prerogatives in a manner which will have
impact upon employees covered under this Agreement,the Employer shall notify the Union
at least thirty (30) calendar days in advance of its intent to change, modify, rescind or
institute any new policy or order which affects the employees and take into consideration
any written responses made by the Union prior to implementation of any such change and
afford the Union an opportunity to confer with the Employer.
ARTICLE 4
MAINTENANCE OF STANDARDS
Nothing contained in this Agreement shall be construed as repealing any lawful, recognized
benefit provided through the Department for employees of the Department, and no
employee shall inadvertently suffer any loss of wages, or hours by reason of the signing of
this Agreement.
5
ARTICLE 5
NO STRIKE - NO LOCK-OUT
Section 1. The Union agrees that, during the term of this Agreement, it will not authorize,
ratify, encourage, or otherwise support any strikes, slow-downs, picketing, or any other
form of work stoppage or interference with the business of the Employer,and will cooperate
with the Employer in preventing or halting any such action. Employer agrees that it will not
authorize, ratify, encourage, or otherwise support any lockout during the term of this
Agreement.
Section 2. The Employer may discipline or discharge any employee who instigates,
participates, or gives leadership to any act or conduct prohibited by Section 1 of this Article.
The Employer may also invoke any remedies authorized by Section 174.205, Local
Government Code, in the event of any strike, work stoppage, or slow-down.
ARTICLE 6
UNION REPRESENTATIVES
Section 1. A written list of Union executive officers shall be furnished to the Employer
immediately after their designation and the Union shall notify the Employer of any changes.
The Union shall designate not more than nine(9)executive officers.The Union officers and
the Union President or his designee shall be granted reasonable time off during working
hours without loss of pay to investigate and settle grievances, consider and prepare
responses to management initiated proposals, participate in arbitration or court actions
involving the Union, and represent unit employees in formal disciplinary action proceedings,
provided that the officer(s) advise their commanding officer. Permission may be withheld
due to emergency operating requirements by the commanding officer, but will not be
unreasonably withheld.
6
Section 2. Union officers, board members, committee members and stewards will be
given reasonable time off to attend a reasonable number of Union meetings held on
Employer's premises or within the corporate limits of the City.
Section 3. Grievance Committee members will be given reasonable time off to attend
Grievance Committee meetings.
Section 4. Management agrees to allow the Union to have space in any polio facility for
board meetings, grievance committee meetings, other committee meetings and general
meetings subject to space availability. The Union shall give the Chief three (3) calendar
days written notice of its intent to use any police facility. The Chief may not unreasonably
deny such use.
Section S. To enable the Union to expedite the preparation of contract proposals, the
Employer agrees to allow the Union President reasonable time off for such purpose and to
allow reasonable time off to other members to assist subject to the approval of the Chief.
ARTICLE 7
UNION BUSINESS LEAVE
Section 1. All employees covered by the terms of this Agreement who are members of the
collective bargaining team, not to exceed four (4), shall be allowed time off to negotiate if
they are scheduled to work at that time.
Section 2. Elected Union officials shall be allowed to attend the monthly BPOA meeting
without loss of pay or benefits if said meeting occurs during the official's regular tour of
duty. The Union shall make a reasonable effort to conduct its meetings within three (3)
hours. No overtime shall result relating to the officials attending the meeting. Officials may
be called back to duty in an emergency.
7
Section 3. Up to three (3) Union officials, shall be granted time off without loss of pay or
benefits to attend the semi-annual CLEAT board meeting, for a total aggregate of not to
exceed fifteen (15) working days per year.
Section 4. Union officials may be granted time off without loss of pay or benefits to attend
a reasonable amount of labor orientated training sessions or seminars subject to approval
of the Chief. Approval by the Chief shall not be unreasonably withheld. The Union will be
responsible for the payment of travel expenses and training fees.
ARTICLE 8
PAYROLL DEDUCTION OF DUES
Section 1. The Employer agrees to deduct, once each month, dues and assessments in
an amount certified to be current by the Secretary-Treasurer of the Union from the pay of
those employees who individually request, in writing, that such deductions be made. The
total amount of deduction shall be remitted, each month, together with the names of the
employees from whom dues have been collected, by the Employer to the Secretary-
Treasurer of the Union. This authorization shall remain in full force and effect during the
term of this Agreement.
Section 2. In the interest of harmonious and stable relations between parties, at the time
of employment,the Union will inform each new employee that the employee may voluntarily
execute an authorization of voluntary salary allotments for the payments of dues, should
the employee desire to join the Union.
Section 3. The Union shall forward to the Employer a copy of all authorizations or
cancellations of voluntary deduction of Union dues by employees in the Bargaining Unit.
Section 4. Employer agrees no charge will be assessed for deduction of dues from
employee pay.
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Section 5. The Employer agrees to continue said deductions during the term of this
Agreement and will do so until a new agreement is put into effect, even if this Agreement
expires.
Section 6. The Union shall indemnify, defend and hold harmless the Employer from any
claim or cause of action brought by any employee resulting from the operation of this
Article.
Section 7. The Employer shall have the right to require that payments to the Union of dues
deductions pursuant to this article be made by direct deposit.
ARTICLE 9
GRIEVANCE AND DISCIPLINARY APPEALS PROCEDURE
Section 1.
The purpose of this grievance and disciplinary appeals procedure is to establish effective
machinery for the fair, expeditious and orderly adjustment of grievances and disciplinary
appeals. A grievance is defined as any dispute involving the interpretation, application or
enforcement of a specific clause of this Agreement. The disciplinary appeals procedure
shall include any demotion, suspension or termination for disciplinary purposes of any
employee. Employees who are members of the bargaining unit may bring disciplinary
appeals, but only the Union and the Employer may bring contract grievances. Employer
agrees to allow the Union Grievance Committee access to a suitable location for grievance
committee meetings.
Any disciplinary actions involving suspensions taken against an employee who is assigned
to work a 10-hour shift shall be listed in hours rather than days.
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Section 2. Disciplinary Appeals.
In the original written statement and charges and in any hearing conducted under this
Agreement, the Chief may not complain of an act that occurred earlier than the 180th
calendar day preceding the date the Chief suspends the officer unless the act is discovered
after the 160th calendar day following its occurrence, in which case, the Chief has an
additional thirty(30)calendar days to suspend the officer.The Chief shall certify the date of
his discovery of the act in question to the employee in writing.
A. Any employee or his attorney may file a written appeal that includes the basis for
the appeal and a request for arbitration when the employee is demoted, suspended or
terminated as a result of a disciplinary action. The appeal must also contain a statement
denying the truth of the charge as made, a statement taking exception to the legal
sufficiency of the charge, a statement alleging that the recommended action does not fit the
offense or alleged offense, or a combination of these statements with the Chief within
fifteen (15) calendar days of the date the employee was served written notice of the
disciplinary action. If not resolved, the grievance shall be forwarded to the City Manager.
B. A disciplinary appeal not filed within the time limit described shall not be
considered timely and shall be void.
C. The time limitations described herein may be waived by mutual agreement in
writing by the aggrieved employee and the appropriate management official.
D. The Chief shall render a written decision regarding appeals of demotion,
suspension or termination within seven (7) calendar days of the date said appeal was filed
with the Chief. If the appeal remains unresolved, said appeal, if submitted, must be filed
with the office of the City Manager. Said appeal must be filed within seven (7) days of the
date the Chief rendered or should have rendered a written decision.
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E. The City Manager shall render a written decision regarding appeals of demotion,
suspension or termination within seven (7) calendar days of the date the employee filed
said appeal with the City Manager.
F. If the appeal remains unresolved, the employee or his attorney may request that
the disciplinary action be submitted to arbitration. Any such request must be submitted in
writing to the City Manager within seven (7)days from the date the City Manager rendered
or should have rendered a written decision.
G. Any employee who is passed over for promotion may file a written appeal with
the Chief within fifteen (15) calendar days of the date the employee was served written
notice of being passed over for promotion. The written appeal by the employee may be filed
by an attorney of the employee's choice. The Union and the Employer agree that while a
"promotional passover" does not constitute discipline, the procedure for addressing such
appeals shall be the same as that of a disciplinary appeal.
H. The Chief and the employee can enter into a written negotiated agreement
regarding discipline with written approval of the City Manager.
Section 3. Contract Grievances.
A. A grievance involving the interpretation, application or enforcement of a specific
clause of this Agreement by one or more employees shall be brought to the attention of the
Union Grievance Committee in writing within thirty (30) calendar days of when the
employee knew or should have known of the grievance. The Union may bring a grievance
that is an on-going practice by the City which affects the bargaining unit as a whole("Class
Action") within thirty (30) calendar days of when the Union knew or should have known of
the grievance.
Within thirty(30) calendar days of receipt of the grievance,the grievance committee
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shall determine if a valid grievance exists. If, in the opinion of the grievance committee, no
grievance exists or the Union denies the grievance,the grievance committee shall notify the
employee. If the Union accepts the grievance, the Union shall, within seven (7) calendar
days of accepting the grievance, present written notice of the grievance to the Chief for
adjustment.
It is the intent of the parties to attempt to resolve disputes and grievances over the
application, interpretation and enforcement of the Agreement at the lowest level. Nothing
herein shall prevent the Union from meeting and conferring with the City Manager, Chief, or
their designees in an attempt to resolve the alleged grievance before the time limits expire.
The Union Grievance Committee may invite the City Manager, Chief, or their designees to
submit for the grievance committee's consideration any evidence that the grievance has
been addressed or resolved in a previous grievance or an arbitrator's award.
B. The Chief shall render a written decision to the Union President or his designee
within seven (7) calendar days of the date the Union filed said grievance with the Chief.
C. If the grievance remains unresolved,the Union may submit said grievance to the
City Manager. Said grievance, if submitted, must be filed within seven (7)calendar days of
the date the Chief rendered or should have rendered a written decision.
D. The City Manager shall render a written decision within seven (7) calendar days
of the date the Union filed said grievance with the City Manager.
E. If the grievance remains unresolved, the Union may request that the grievance
be submitted to arbitration. If the Union requests that the grievance be submitted to
arbitration, said request must be submitted in writing to the City Manager within seven (7)
calendar days from the date the City Manager rendered or should have rendered a written
decision.
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F. A grievance or a written request for arbitration not filed within the time limitations
specified herein shall not be considered timely and shall be void.
G. The time limitations described herein may be waived by mutual agreement in
writing by the Union and the appropriate management official.
Section 4. Arbitration.
A. Either party may request the Federal Mediation and Conciliation Service(FMCS)
or American Arbitration Association (AAA)to provide a list of arbitrators in accordance with
its selection rules. Either party shall have the right to reject the list submitted by FMCS or
AAA once only or by mutual agreement of the parties. In that event, the FMCS or AAA will
be requested to submit another list. The parties shall select an arbitrator from the list. The
parties, by mutual agreement, may select to use AAA expedited rules.
B. The powers of the arbitrator shall be limited as follows:
1. The arbitrator shall have no power to add to, subtract from, or modify any of
the terms of this Agreement.
2. The arbitrator shall deal only with the disciplinary appeals, promotional
passovers or contractual grievance or grievances that occasioned the
arbitrator's appointment.
C. The decision of the arbitrator, if within the scope of the arbitrator's authority, shall
be final and binding upon the parties.
D. The Union and the Employer shall equally share the costs and expenses for the
arbitrator's services. Either party desiring a transcript of the arbitration hearing shall be
responsible for the cost of such transcript.
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E. Except as otherwise provided for in Article 9 Grievances,with respect to appeals
of suspensions, indefinite suspensions, promotional passovers and demotions, the
Employer and Union hereby agree that the administrative procedures for arbitration
hearings and the respective rights of employees in such proceedings shall be governed by
the Texas Local Government Code, Section 143.057.
F. The powers and duties of the designated arbitrator or hearing examiner in such
proceedings are as prescribed by the Texas Local Government Code, Section 143.057(f),
which shall include, but are not limited to, the right to subpoena witnesses.
G. The Union agrees that, on behalf of its members individually and collectively,with
the adoption of this grievance procedure herein,the employee hereby relinquishes the right
to appeal to the Civil Service Commission or appeal the designated arbitrator's final
decision to the District Court except as provided by the Texas Local Government Code,
Section 143.0570).
H. The arbitrator shall be empowered to determine whether an issue is subject to
arbitration pursuant to this Agreement.
ARTICLE 10
PROBATION AND SENIORITY
Section 1. Probation.
A. Employees shall be considered to be probationary for a period of twelve (12)
consecutive months from the date of commission as a Beaumont police officer. The Chief
may extend the probationary period one time for an additional ninety (90) calendar days
upon notification in writing to the Union and the employee of the reasons. A probationary
period may be extended in excess of ninety(90)calendar days due to extenuating medical
circumstances not to exceed one (1) year.
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B. The Union may accept probationary employees as members at-large, but they
are not to be considered as protected by this Agreement. The Union may provide advice, or
representation, to the probationary employees only as allowed by law.
C. During the probationary period, an employee may be disciplined for any
reason, without recourse to the grievance procedure.
D. Article 10, Seniority, Section 2, shall not apply to a probationary employee.
E. Article 14, Shift Exchange, shall not apply to a probationary employee.
F. Duty hours and work schedules of probationary employees may be altered at any
time deemed appropriate by the Chief or his designee.
Section 2. Seniority.
A. Seniority in grade or rank shall be the determining factor in vacation leave,
splitting of vacation, days off, and annual personnel shift assignments. The Employer may
make job assignments based on job skills and qualifications. In the event applicants have
comparable skills, seniority in grade or rank shall be the determining factor.The Chief shall
determine which officers will attend the training schools. Seniority from the date of
commission as a Beaumont police officer shall be the determining factor in all layoffs or
recalls.
B. The Union President(if desired) shall be assigned to the day shift to permit said
officer to attend to Union business. This assignment shall at no time adversely affect any
other employee with respect to shift and days off.
C. For the purpose of this Agreement, seniority shall be considered to be continuous
service from the last date of appointment as a commissioned police officer with the
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Department. Continuous service shall include periods of leave without pay, which have
been approved by the Chief and City Manager.
D. Layoff and recall shall be pursuant to Section 143.085, Local Government Code.
ARTICLE 11
PROMOTIONS
Section 1. Except as provided for in this Article, all written promotional examinations shall
be made in accordance with Municipal Civil Service, Chapter 143, Local Government Code.
Written promotional examinations shall be given between the ninetieth (90th) and one
hundred and twentieth (120th) day of the effective date of the vacancy. Except for review
and appeal of promotional examination questions pursuant to Section 143.034, all other
promotional grievances shall be determined by arbitration pursuant to provisions of Article 9
of this Agreement.
Section 2. Promotional Examinations.
Promotional examinations for Grade Il (Sergeants) shall be open to all employees
who have held a continuous sworn position with the Department for five (5) years or more
(immediately prior to the effective date of the vacancy). For purposes of this paragraph,
"continuous"shall include any term of service in an appointed position pursuant to 143.014
of the Texas Local Government Code. Promotional examinations for Grade I'll (Lieutenants)
and Grade IV (Captains) shall be open to all employees who have held a continuous
position for three(3) years or more (immediately prior to the effective date of the vacancy)
in the classification immediately below the classification for which the examination is given.
a. All seniority points given for promotions shall be based on continuous service in
grade up to a maximum of ten (10) years of service for Grade II.
b. Seniority points for Grade III and Grade IV promotions shall be up to a maximum
of five (5) years of continuous service in grade.
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The effective date of vacancy shall be the last day of employment by the individual
who is leaving the position that will be made vacant.
After the effective date of this Agreement, any written promotional examination shall
be based upon a maximum score of one hundred (100) points. A passing score will be
seventy percent(70%). Seniority points shall be added to the written examination score of
only those officers who pass the written examination with seventy percent(70%) or more.
Section 3. Test material for all promotional examinations may include all or any
combination of the following:
a. Texas Penal Code;
b. Texas Code of Criminal Procedures;
c. Texas Traffic Laws;
d. Texas Family Code;
e. Texas Drug Laws;
f. Beaumont City ordinances; and
g. Rules, regulations and written directives of the Department.
Section 4. Test material for Grade II (sergeant), Grade III (lieutenant), and Grade IV
(captain) promotional examinations may also include up to four (4) outside sources of
reading material chosen by the Civil Service Director. The sources must pertain to the
respective duties of the position being sought.
Section 5. If more than two(2)outside sources of reading material are selected, reduction
of the sources shall be accomplished by limiting the number of chapters from which test
questions may be derived to approximately fifty percent (50%) of the total volume of
sources.
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Section 6. An eligibility list established as a result of the examination shall expire one (1)
year from the date of the written examination unless the examination is held to be invalid.
Any eligibility lists pertaining to this Article, created prior to this Agreement, and in existence
at the time of this Agreement shall be governed by the Collective Bargaining Agreement
dated October 1, 2007 thru September 30, 2011.
Section 7. The Chief may appoint from the rank of Grade II with ten (10)years or more of
seniority as a Grade 11, Grade III and Grade IV, at the Chiefs sole discretion, two (2)
positions below the rank of Chief. Those appointed shall serve at the pleasure of the Chief
and may be demoted to their previously held civil service rank without cause. In no event
shall any demoted appointee cause another employee to be demoted because of their
returning to a civil service position. The Employer shall authorize additional staffing
positions in order to avoid such "bumping"; however, the Employer may reduce the extra
staffing positions later by attrition in order to return to the previous authorized number of
positions.
ARTICLE 12
WORKING OUT OF CLASSIFICATION
Any employee who is ordered to temporarily fill a position in a higher classification shall be
paid the base salary of such higher position; provided, the employee works a minimum of
eight(8) or ten (10)consecutive hours, as the position dictates, in the higher classification.
ARTICLE 13
HOURS OF DUTY AND WORK SCHEDULES
Section 1. Other than as set forth in this Article, work schedules and hours of work for
employees during the term of this Agreement shall be those in effect on the date that this
agreement is signed by the parties hereto. The four(4) shifts 9:00 p.m. to 7:30 a.m., 6:00
a.m. to 4:30 p.m., 11:00 a.m. to 9:30 p.m., 4:00 p.m. to 2:30 a.m. (thirty (30) minutes of
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which is a meal break) for employees assigned to uniform patrol activities. As determined
by the Chief, shifts for some or all employees assigned to the Criminal Investigation
Division may consist of four (4) 10 hour shifts per week or five (5) 8 hour shifts per week
(from 8:00 a.m. to 5:00 p.m. (one (1) hour of which is a meal break)).
The Chief may alter the duty hours and work schedule if the Chief notes the Union in
writing at least thirty 30 calendar days prior to the proposed change. Duty hours and work
schedules may also be altered without the notice requirement by mutual agreement
between the Employer and the Union. In the event of an emergency, duty hours and work
schedules may be altered at the sole discretion of the Chief.
Section 2. The Chief may set a temporary work schedule or change duty hours for
sergeants assigned to the uniform patrol division, not to exceed two(2) hours prior to their
regularly assigned shift, for such reasons related to shift and report preparation.
Section 3. Employees assigned to the below listed specialized units may have flexible
schedules and duty hours to accommodate the needs of the community or to accomplish
specific tasks related to their assignment. However, employees will not be required to work
split shifts. The Employer shall advise employees of this flexibility upon application to said
units and employee agreement shall be a condition of acceptance into said units.
Employees currently assigned to such units shall be given the opportunity to acknowledge
acceptance. The designated specialized units include: Community Oriented Policing,
Police-Community Relations, Special Assignments Unit,Auto Theft Task Force, K-9 Unit,
Street Crimes Unit, Traffic Unit and Narcotics and Vice Unit. If an employee is called out,
the Employer agrees not to reduce the employee's hours for the purposes of avoiding the
payment of overtime.
.:Section 4. Any employee who is assigned to work a ten-hour shift and attends a school or
any other city business during his regular shift shall be paid for 10 hours at the hourly rate
of pay. An employee who is assigned to work an eight-hour shift and attends a school or
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any other city business during his regular shift shall be paid for 8 hours at the hourly rate of
pay.
ARTICLE 14
SHIFT EXCHANGE
Section 1. No employee will be forced to change shifts on a rotation basis.
Section 2. Employees shall have the right to exchange shifts temporarily no more than six
(6)times per calendar year when the exchange does not interfere with the operation of the
Department, and with permission of their respective commanding officers.
Section 3. This article is not intended to curtail the right of staff officers to change the
shifts of individual employees insofar as it involves matters of individual work performance.
Section 4. Recognizing that zone assignments may require the assessment of a number
of factors that may vary depending upon the particular zone involved, the Employer
maintains the right to make all assignments in accordance with its determination of what is
in the best interest of the Department. In making such assignments, consideration shall be
given to preferences of employees based upon seniority. Should an employee feel that a
misapplication of this provision has occurred, the employee may file an informational
complaint with the Union Grievance Committee for review. Should the committee concur
with the employee,the union shall forward the complaint to the Chief and the City Manager
for their review and information.
Section 5. Except in the case of an emergency, or unless operational circumstances
require otherwise,job vacancies will be brought to the attention of employees so that those
interested in a vacant position may express their interest to the Division Commander who is
responsible for selection. Notice of vacant positions will be in the form of a staff
memorandum or email to all staff officers. Each staff officer will make a reasonable effort to
20
assure that all eligible employees under his command are aware of the vacancy.
Employees who are interested in a vacant position should contact the appropriate Division
Commander in writing. Before the vacancy is filled,employees will be allowed a reasonable
amount of time to apply. Skills, knowledge, abilities, training, previous experience and
seniority shall be considered by the Employer.
Although not subject to the grievance procedure, should an employee feel that a
misapplication of this provision has occurred,the employee may file a sworn complaint with
the Chief.
ARTICLE 15
CLOTHING
Section 1. All uniforms, five (5) uniform shirts and five (5) uniform pants, protective
clothing or protective devices, hats,jackets, raincoats, and all leather and web gear except
holsters and footwear now provided employees shall be furnished without cost to the
employees by the Employer.
Section 2. If the Employer orders employees to purchase leather and web gear different
from what they are wearing as of the effective date of this Agreement, the Employer shall
reimburse the employee or supply the leather and web gear.
Section 3. The Employer shall repair or replace all uniforms and reasonable personal
equipment lost or damaged in the line of duty by employees.
Section 4. Each plainclothes employee shall receive a clothing allowance of $67 per
month.
Section 5. Each employee shall receive a clothing maintenance allowance of$25.00 per
month.
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Section 6. Each newly appointed employee may submit an advance request in an amount
up to$800 for the purchase of a new protective/ballistic vest. An employee may submit an
advance request in an amount up to$800 for the purchase of a new protective/ballistic vest
if his vest is over five(5) years old. The advance is in the form of an invoice from a vendor
evidencing an order placed for a new protective/ballistic vest and an accompanying
affidavit. After the effective date of this Agreement, all officers who request an advance
under this section for the purchase of a new protective/ballistic vest shall be required to
wear the vest when on duty and in uniform, unless exempted by the Chief. Additionally, in
special circumstances that may involve officer safety,the Chief reserves the right to require
any reimbursed officers, whether plain-clothed on duty or off duty in uniform, to wear their
vest while performing police-related duties.
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ARTICLE 16
LEAVE
Section 1. Vacation.
A. Full-time regular employees shall accumulate vacation in accordance with the
following schedule:
Completed Years Accumulated Hours Per
of Consecutive Service Pay Period
After 1 year 3.08
After 5 years 4.62
After 8 years 5
After 11 years 5.5
After 14 years 6
After 17 years 6.5
After 20 years 7
After 23 years 7.5
After 26 years 8
After 29 years 8.5
After 32 years 9
After 35 years 9.23
Any employee who is assigned to work a ten-hour shift and is off on vacation leave
shall be charged 10 hours of vacation leave. Any employee who is assigned to work an
eight-hour shift and is off on vacation leave shall be charged 8 hours of vacation leave.
B. Employees with nine(9)years or more consecutive service who do not use more
than forty (40) hours of sick leave in a calendar year and who work an eight-hour shift, will
have eight (8) hours of vacation leave added to their normally accrued vacation leave.
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Employees with nine(9)years or more consecutive service who do not use more than forty
(40) hours of sick leave in a calendar year and who work a ten-hour shift,will have ten (10)
hours of vacation leave added to their normally accrued vacation leave.
C. In computing the length of time during which an employee may be absent from
work for vacation, only those calendar days during which the employee would be required
to work if the employee were not on vacation shall be counted as vacation days.
D. Any employee with more than one (1) year's service as a commissioned police
officer with the Department who is separated from service by reason of resignation, death,
retirement, or discharge shall be compensated in cash for all accumulated unused vacation
hours at the hourly_rate of pay at the time of separation.
E. Vacation leave begins to accrue upon employment, but may not be used by an
employee until that employee has completed one (1) year of service with the
Employer.
F. Vacation hours accrued in a calendar year will be available to be used on
January 1St of the following calendar year.
G. An employee shall be able to carry over a maximum of one hundred and sixty
(160) hours of vacation leave into the next calendar year.
Section 2. Sick Leave.
A. Employees shall accrue ten (10) hours of sick leave for each month of service
during the calendar year.
B. Any employee who is assigned to work a ten-hour shift and is off on sick leave
shall be charged 10 hours of sick leave. Any employee who is assigned to work an eight-
24
hour shift and is off on sick leave shall be charged 8 hours of sick leave.
C. Any employee incurring a non-duty sickness or disability shall be eligible to use
their accrued sick leave with full pay.
D. Each employee shall accumulate sick leave from their first day of employment
and shall continue to do so as long as they are employed.
E. The Employer shall provide injury leaves of absence with full pay for periods of
time commensurate with the nature of injuries received while in line of duty for at least one
(1) year. At the expiration of said one (1) year period, the City Council or governing body
may extend such injury leave at full pay, reduced pay, or leave without pay. The Employer
shall retain its subrogation'rights under existing state law.
F. In the event that an employee with two (2) or more years of service for any
reason leaves the classified service, they shall receive, in a lump sum payment, the full
amount of their salary for the period of accumulated sick leave, provided that such payment
shall not be based upon more than seven hundred twenty(720) hours of accumulated sick
leave.
G. An employee who retires may elect to have the compensation associated with
accrued vacation and sick leave applied towards payment of the employee's share of costs
associated with the employee's retirement health insurance.
H. The Chief may not discipline an erWployee for the legitimate use of sick leave
without just cause.
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Section 3. Death in Family Leave.
In the event of a death in the immediate family of an employee, the employee shall be
granted up to forty(40)work hours off with pay. Immediate family is defined as the spouse
and children of the employee, the mother, father, brother, sister, grandmother and
grandfather of the employee or those of the employee's spouse, grandchildren of the
employee, stepparents, and any domiciliary residing in the residence of the employee.
Section 4. Leave Without Pay.
With the permission of the Chief, each employee may be allowed a leave of absence
without pay, up to eighteen (18) work weeks.
Section 5. Personal Leave.
Employees will earn eight (8) hours if they are assigned to an eight (8) hour shift and ten
(10) hours if they are assigned to a ten (10) hour shift of personal leave for each calendar
quarter of perfect attendance. In reference to personal leave only, use of any sick leave
shall constitute non-attendance. The employee may use such leave for any purpose subject
to the advance approval of the employee's commanding officer. The employee may not
carry across contract or fiscal years more than thirty-two(32) hours.An employee may not
accrue more than fifty-six (56) hours of personal leave at any given time.
Section 6. Family and Medical Leave Act.
The Family and Medical Leave Policy set out in the City of Beaumont Policies and
Procedures Manual shall apply to employees in the Department.
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ARTICLE 17
HOLIDAYS
Section 1. The following holidays shall be recognized and observed:
New Year's Day
Labor Day
Good Friday
Easter Sunday
Thanksgiving Day
Day after Thanksgiving
Memorial Day
Christmas Day
Independence Day
A"floating"holiday is hereby granted to every employee during the fiscal year; scheduling
of time off must be approved by the Chief or the Chiefs designee.
Holiday pay for employees assigned to work ten-hour shifts is defined as 10 hours pay at
the employee's hourly rate of pay. Holiday pay for employees assigned to work ,eight-hour
shifts is defined as 8 hours pay at the employee's hourly rate of pay.
Section 2. Any employee who works on a holiday in a regular tour of duty shall be paid a
premium rate of twice the employee's hourly rate of pay in addition to holiday pay.
Any employee who takes off or is required to take off on a holiday that is in a regular tour of
duty shall receive eight (8) hours of holiday pay if the employee is assigned to work an
eight-hour shift, or ten (10) hours of holiday pay if the employee is assigned to work a ten-
hour shift.
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Section 3. Any employee who is required to work on a holiday not within the employee's
regular tour of duty shall be paid at time and one-half the employee's regular rate for that
day in addition to hourly pay and in addition to holiday pay.
Section 4. If any holiday specified in Article 17, Section 1, of the Agreement is on an
employee's regular day off and said employee does not work on said holiday,the employee
shall receive eight (8) hours or ten (10) hours off with pay or eight (8) hours or ten (10)
hours pay, based on the employee's regular tour of duty. If a holiday specified in Article 17
of the Agreement falls during an employee's vacation, said holiday shall not be charged to
said employee's vacation leave.
Section 5. The Chief may designate which employees are essential and adjust work
schedules during holidays to avoid requiring unneeded personnel having to work during a
designated holiday.
Section 6. The"call back pay" provisions of this Agreement shall not apply to this Article.
Section 7. An officer shall not be eligible to receive holiday pay if the officer is on leave
without pay or absent without leave.
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ARTICLE 18
WAGES
Section 1. Wages and Rates of Pay.
The Employer will adopt the wage schedule attached as Appendix "A" based on
consecutive years of service. In regard to consecutive years of service, the Employer
agrees that benefits, wages, rates of pay or leave accrual currently received by an
employee hired or rehired prior to the execution of this agreement shall not be reduced.
In the event a position of Assistant Chief is created, an officer appointed to the position of
Assistant Chief shall be paid no less than ten percent (10%) above a Grade IV with 5 or
more years of service. This provision does not require the Employer to create or maintain
the position of Assistant Chief.
Section 2. Certification Pay.
In addition to the wage rates established by this Agreement, the Employer shall pay
premium pay as follows for the following:
To the holder of an intermediate certificate issued by the Texas $50 per month
1. Law Enforcement Commission on standards and education.
2. To the holder of an advance certificate(the holder of an advance $100 per month
certificate shall not be entitled to the premium pay of$50.00 per
month as the holder of an intermediate certificate).
3. To the holder of a master certificate (the holder of a master $150 per month
certificate shall not be entitled to the premium pay of$100.00 per
month as the holder of an advanced certificate).
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4. Licensed breathalyzer operator in patrol (if the employee is $50 per month
engaged as a breathalyzer operator. No more than 30 employees
shall be entitled to premium pay as breathalyzer operators and
no more than 5 employees, who are not already receiving
breathalyzer operator premium pay, are entitled to premium pay
as a Drug Recognition Experts(DRE) during the term of this
Agreement)
5. Licensed polygraph examiner(if actively engaged during the term $50 per month
of this Agreement as a polygraph operator).
6. Any employee qualifying as an expert latent fingerprint witness $40 per month
and who is assigned to the identification bureau
7. Field Training Officers and the Field Training Officer (FTO) $100 per month
Sergeants assigned to each patrol shift
8. Bilingual officer(must pass proficiency certification and re-certify
at least every two [2] years)
Spanish, Vietnamese, or Sign Language $50 per month
Maximum payment is $50 per month
10 Maximum officers for Spanish
5 Maximum officers for Vietnamese or Sign Language
9. SWAT Team Members j $25 per month
Educational Incentive. In lieu of receiving certification pay(1, 2, or 3) in Section 2
above, an employee with a bachelor's degree may elect to receive an educational incentive
of$200 per month or $250 per month for a post graduate degree.
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Section 3. Emergency Management Coordinator and Assistant Emergency
Management Coordinator. If the Emergency Management Coordinator and/or the
Assistant Emergency Management Coordinator is a police officer he or she shall be paid an
incentive set by the City Manager.
Section 4. Supervisory Training Incentive. In addition to the wage rate established by
this Agreement, the Employer shall pay a one-time bonus of $750 to any sergeant,
lieutenant or captain who successfully completed the Law Enforcement Management
Institute of Texas (LEMIT), Southern Police Institute (SPI) or FBI National Academy after
October 1, 1997.
Section 5. Police Specialist Incentive. Grade I officers with three (3) or more years of
service with the Department shall be eligible to compete for advancement to Police
Specialist. Police Specialist is not a rank or classification under Chapter 143 or this
Agreement, but a non-supervisory position within the Grade I classification and rank
designed to recognize employees with superior skills, initiative, education, and knowledge
of police work.
A. The Employer shall follow Chapter 143 only in regard to posting a notice of the
written examination and a list of any study materials needed to prepare for the examination.
The written examination shall be designed to test the knowledge of Grade I officers in such
areas as patrol skills, initiative, criminal laws and procedures, preparing reports and related
documents, Department rules and regulations, city ordinances and other job-related areas.
This written examination is not a "civil service" examination requiring a civil service
certification. The written examination shall be based upon a maximum score of one
hundred (100) points. A passing score will be seventy percent (70%).
B. Employees in Grade I who are selected to become Police Specialists will receive
incentive pay of$200 per month.
31
C. The Chief may select in his discretion any employee who is a Police
Specialist to be assigned to or reassigned from the Criminal Investigation Division or
Narcotics Division as a criminal investigator. Such assignments as a criminal investigator
shall be on a voluntary basis only.Any officer who is designated as a Police Specialist from
an eligibility list certified after the effective date of this Agreement may be assigned as a
criminal investigator at the discretion of the Chief. Such employees shall not receive Grade
II pay. If a vacancy occurs in the Criminal Investigation Division and no Police Specialist
applies, the Chief may select any applying Grade I officer for the position.
D. The Chief may remove for just cause the Police Specialist designation of any
employee who is designated a Police Specialist. The employee may grieve the removal
pursuant to Article 9 of this Agreement.
E. Between October 1, 2011 and September 30, 2014,the Employer shall maintain
and fill at least thirty-five (35) Police Specialist positions.
F. Seniority points will be added to the written test score for each year of service as
a Beaumont police officer up to 10 years to determine a final eligibility score. The eligibility
list shall expire after 12 months from the date of the written examination, or when
exhausted,whichever occurs first.Any eligibility lists pertaining to this Section created prior
to this Agreement and in existence at the time of this Agreement shall be governed by the
Collective Bargaining Agreement dated October 1, 2007 thru September 30, 2011.
Section 6. Direct Deposit The Employer shall have the right to require that payroll
payments to all employees be made by direct bank deposits.
32
ARTICLE 19
SHIFT DIFFERENTIAL
Effective October 1, 2011, shift differential will be paid as follows:
1 st Watch $.45 per hour
2"d Watch $.00 per hour
3`d Watch $.25 per hour
4th Watch $.35 per hour
ARTICLE 20
OVERTIME, CALL-BACK AND STAND-BY PAY
Section 1. "Hourly rate of pay" shall be an employee's annual salary divided by 2080
hours.
Section 2. Overtime Pay.
A. All hours worked-by an employee in excess of forty (40) hours in a work week
shall be deemed overtime and shall be compensated on the basis of time and one-half the
employee's regular rate of pay in salary or compensatory time. Excused absences with pay
shall be deemed hours worked. For the purpose of calculating overtime, an employee's
regular rate for a particular work week is the sum of(a) the employee's hourly rate of pay
multiplied by all hours worked and (b) the attributable portion of the employee's premium
pay(calculated by multiplying the employee's total monthly incentive under this Agreement
by 12 months and dividing by 52 weeks), divided by the total number of hours worked by
the employee during the work week. As overtime pay the employee shall receive an
additional one-half of the employee's regular rate for each hour worked in excess of forty
(40) hours in a work week.
33
B. No schedules, tours of duty or days off shall be changed in order specifically to
avoid the payment of overtime.
C. If an employee performs police duties on off-duty hours,the employee is entitled
to overtime compensation at one and one-half the regular rate of pay for time actually
spent. An employee shall be entitled to insurance coverage that the employee would have
had if on duty at the time. In addition, the employee shall be entitled to any reasonable
expenses incurred in performing such duty if approved by the Chief. Should the Chief deny
the claim, the employee may grieve pursuant to the Grievance Procedure. This section
shall not apply to any employee who receives remuneration of any type from any other
employer for performing such duties. This section applies only to inadvertent disruptions of
an employee's off-duty time.
Section 3. Call Back Pay. All employees who are called back to work from off-duty shall
be paid at least two (2) hours minimum one and one-half times the regular rate of pay. All
hours in excess of two (2) hours shall be paid at one and one-half times the regular rate of
pay.
Section 4. Stand-by Pay. When an employee is on officially designated stand-by duty
and such designation is made at least forty-eight (48) hours prior the commencement of
that duty, the employee shall receive one (1) hour of pay (at straight time) for eight (8)
hours of duty or any fraction thereof. If the assignment is made within forty-eight(48)hours
of the commencement of the duty, the employee shall receive two(2) hours of straight pay
for eight (8) hours, or ten (10) hours, respectively, of duty or any fraction thereof.
Section S. Court Time. Any employee not on duty who attends as a witness or in any
other capacity in the performance of their duty in a criminal matter or in a civil matter in any
case pending in the District Court, Juvenile Court or in a County Court, or before any Grand
Jury proceedings or in conferences with the District Attorney or Assistant District Attorney,
or at any pre-trial conference or any other related hearings, or any proceedings by any City,
34
County, Town, State or Federal government or any of the subdivisions or agencies thereof,
shall be entitled to two (2) hours minimum overtime compensation at the rate of time and
one-half the regular rate of pay. On those occasions when employees are scheduled to
work between the hours of-3:00 p.m. to 7:30 a.m., and they are in Court for eight(8) hours
the same day, they may, with the permission of their shift commander, notify the
Department that they are waiving their court pay and not going to work their shift.
Conversely, they may choose to accept the court pay and report for work. This provision
shall not apply to those employees who attend court during their regularly scheduled work
hours.
Section 6. Evacuation/Disaster Policy. Unless it creates a lesser benefit, the
Employer shall apply the same policy for evacuation/disaster policy for non-sworn
employees to sworn police officers.
Section 7. Compensatory Time. All employees shall be allowed to accumulate and
accrue up to 240 hours of compensatory time in lieu of overtime pay.
ARTICLE 21
LONGEVITY PAY
In addition to all other monies paid for services rendered,the Employer agrees to pay each
employee the sum of Four and No/100 Dollars ($4.00) per month longevity pay for each
consecutive year of service in the department up to and including twenty-five(25)years of
service.
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ARTICLE 22
INSURANCE
Section 1. The Employer shall provide basic life and accidental death and dismemberment
insurance to all employees equal to the employee's annual base salary up to a maximum of
$50,000 at no cost to employee.
Section 2. Liability Protection. The Employer shall not reduce during the term of this
Agreement liability protection as is presently afforded employees by the Employer. In the
event that employees are not covered by liability protection when driving prisoners'
vehicles, the Employer will not require employees to drive such vehicles.
Section 3. Medical Plan.
A. Employees shall be offered the same medical insurance plan choices as
provided to civilian employees except in-network major medical benefits shall not be less
than 80/20 and out-of-network major medical benefits shall not be less than 70/30.
During the term of this Agreement, the City may increase the monthly premium rate
of officers by the same percentage increase of the monthly premium rate of non-sworn
employees in a plan year, not to exceed twelve-and-one-half percent(12.5%)per plan year.
Married couples who are both covered by the city insurance and who have no
dependents will not be charged any dependent premium. Married couples with one or
more dependents shall be charged only one time for the increase.
The Employer shall give notice to the Union at least forty-five(45) calendar days in
advance of any cost increase in dependent insurance premiums. The Union shall be
entitled to examine all documents, records, statistics, and relevant data used by the
Employer to determine a rate increase.
36
II
B. Employees may utilize the prescription drug plan under the same terms and
conditions as civilian employees.
Section 4. Retiree Medical Insurance Program.
A. During the term of this Agreement, Employer will provide medical coverage for
employees and their dependents retiring or becoming disabled after April 1, 1984, subject
to the provisions of Sections 4(B) through 4(H) hereof inclusive.
B. Employer is authorized to receive from each retiree, as a condition of receiving
retiree medical coverage, a signed statement acknowledging that both the contribution rate
(premium)and hospital/medical coverage of the retiree insurance may change in the future.
C. Retired or disabled employees may participate in the program only if they are
eligible for retirement or disability benefits under the Texas Municipal Retirement System
(TMRS). Only those individuals who are considered eligible dependents of the
disabled/retired employee at the time of retirement shall be eligible for continued medical
coverage. The disabled/retired employees shall not add or change (except drop a
dependent while covered under this medical plan.
Any employee who retires or becomes disabled and has a spouse who is employed
with the City may become a dependent of the spouse along with other eligible dependents
under the Employer's group medical plan. However,the retired or disabled employee shall
make application at least thirty-one (31) days prior to the spouse's termination date to the
Employer to institute his/her eligibility for retiree coverage. The spouse and eligible
dependents will be allowed to become dependents of the retiree in accordance with the
provisions of this amendment. -Upon retirement,the retiree will be required to complete and
sign a "Delayed Participation in Retiree Medical Coverage" form.
37
If a participant's contribution rate status as set out in 4(G) hereof changes, the new
rate will be put into effect on the first day of the month following the month in which the
contribution rate status change.
D. Coverage provided shall be the same as that provided employees. However, if
the Employer,the Union and retirees and disabled employees and their dependents agree,
altemative medical insurance programs at different rates and at different levels of coverage
may be provided.
E. Retired or disabled employees and their dependents participating in the plan
created herein are required on or before age 65, if eligible, to enroll for both Part A,
Hospital Insurance, and Part B, Supplementary Medical Insurance, under the U.S.
Govemment Medicare Program. Upon qualification for the Medicare Program, the
participant will be excluded from the program herein established. If a participant is not
eligible for Medicare, the participant may continue coverage under this medical plan.
Failure to become a subscriber as required herein will result in the participant's immediate
exclusion from the program herein established. Eligible dependent children may continue
coverage under this medical plan after their parents are no longer eligible in accordance
with the definition of dependent as listed in the summary plan document.
F. A participant who would otherwise be required to leave the program herein
established as provided by 4(E) above may remain on the program if supplemental
Medicare insurance without proof of insurability is not available at that time. Such
participants must, however, leave the program when such supplemental Medicare
insurance for which they are qualified is available. Employer will make its best efforts to
obtain and provide information to retirees concerning the availability of such supplemental
insurance. The cost of any such supplemental insurance will be paid for by the participant.
38
G. The participant's monthly contribution rate for medical insurance will be as
follows:
"Single Rate-- $150
"Single + 1 dependent-- $200
"Family-- $250
Those participants who retired between the dates of April 1, 1984 and January 31,
1992, shall pay the rates listed above and shall have no increase in contributions until such
time as they leave the plan.
H. Those who retired on or after February 1, 1992, may be subject to an annual
increase in contribution. The increase will be effected in accordance with this Agreement.
The single rate will be established at 69%of the COBRA rate on January 1 st annually. The
single+ 1 dependent rate will be established at 58%of the COBRA rate and the family rate
will be established at 54% of the COBRA rate. Subject to paragraph 4(E) hereof, eligible
spouses and dependents may remain on the plan at the above-established rates.
Section 5. Dental Insurance.
The Employer shall provide dental insurance coverage through the CLEAT Benefit Trust for
each employee at a maximum monthly cost of $35. If the employee elects to add
dependents to the dental insurance, the Employer shall pay a maximum monthly cost of
$61 for both the employee and eligible dependents. Each employee shall pay any
additional cost. The Employer shall deduct the employee's cost from the employee's
paycheck.
Plan II of the CLEAT Benefit Trust includes employee and family dental insurance
coverage. In addition, the trust plan provides accidental death and dismemberment
insurance coverage for the employee and the employee's family, and a blood insurance
plan that covers the employee and the employee's family.
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The trust document and plan benefits will be provided to the Union and the Employer, and
to any employee upon request.
The Union shall indemnify, defend and hold harmless the Employer from any claim or
cause of action brought by any employee or affected family member resulting from the
operation of this Section.
The Employer shall make payments to the CLEAT Benefit Trust on or before the first day of
each month.
ARTICLE 23
GENERAL PROVISIONS
Section 1. Parking.
The Employer shall provide, without cost to employees on duty, adequate parking space
adjacent to Police Department facilities.
Section 2. Bulletin Boards.
The Employer agrees to furnish and install one (1) bulletin board on each of the three (3)
floors to be affixed in the first floor hallway, uniform squad assembly room, and detective
squad room at the police station to be used by the Union for the following notices:
A. Union meetings;
B. Union elections;
C. Reports of Union committees;
-D. Rulings or policies of international association;
E. Recreational and social affairs of Union.
40
The Union agrees that there shall be no other general distribution, or posting, by the Union
or its members upon City property, provided, however,the Chief may permit other material
not provided for above at the Chiefs discretion to be posted or distributed. The Union
agrees to maintain such bulletin boards in a neat and orderly manner.The Association shall
be allowed to utilize Department email to disseminate bulletin board information under the
same rules and regulations as adopted for bulletin boards.
Section 3. Mileage Allowance.
Employees required to use their private automobiles for duly authorized Department
.business shall be compensated at the current Employer rate. If an increase is given to
other City employees during the term of this Agreement, the rate stated herein shall be
increased accordingly.
Section 4. Residency.
Residency shall not be a condition of employment for employees; each employee must be
a legal resident of the United States and reside within its boundaries.
Section 5. Safety Program.
In the best interest of the Department and to promote the safety of the employees, patrol
cars may be manned by two (2) officers during periods of high criminal activity and in high
crime areas. Whenever one(1)officer units are in use,the Employer will use its best efforts
to maintain sufficient staffing to provide for employees' safety.
Section 6. Retirement Incentive.
During the term of this Agreement, the Employer may offer a retirement incentive program
with mutual consent of the Union. This shall in no way be construed as a reopening of this
Agreement.
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ARTICLE 24
CIVIL SERVICE
In the event that any provision of this Agreement conflicts or is inconsistent with any
provision of Chapter 143 of the Local Government Code, this Agreement shall prevail
notwithstanding any such provision of the Local Government Code. It is understood by the
parties hereto that Section 143.013 of the Local Government Code relating to civil service
rights of the Chief shall in no way be affected by the terms of this Agreement.
ARTICLE 25
SELECTION
The Union agrees that the Employer shall have the right to establish selection procedures
for Grade I police officers. Modifications in existing selection procedures shall be brought to
the attention of the Union ten (10)days prior to implementation. In establishing a selection
procedure for Grade I, the Employer shall not be bound by or subject to the provisions of
Chapter 143 of the Local Government Code.
ARTICLE 26
COPIES OF AGREEMENT
The Employer agrees to furnish a copy of this Agreement to the Union President.
ARTICLE 27
STABILITY OF AGREEMENT
No agreement, understanding, alteration or variation of this Agreement, shall bind the
parties unless made and executed in writing by the parties hereto.
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The failure of the Employer or the Union to insist in any one or more instance, upon
performance of any of the terms or conditions of this Agreement, shall not be considered as
a waiver or relinquishment of the right of the Employer or the Union to future performance
of any such term or condition, and the obligations of the Employer and the Union to such
future performance shall continue in full force and effect.
ARTICLE 28
POLICE OFFICERS' BILL OF RIGHTS
In the event of a complaint filed with Internal Affairs concerning the conduct of an
employee, this Bill of Rights shall serve as the basic guideline to offer protection to the
employee. Every employee shall be required to cooperate in any investigation regarding
complaints of employee misconduct arising from citizen complaints.
Section 1. Procedures.
A. The interrogation shall be conducted at a reasonable hour.
B. The interrogation should take place at the Department when possible.
C. The employee under interrogation shall be informed of the names of the persons
present during interrogation.
D. All questions directed to the employee under interrogation shall be asked in an
orderly fashion.
E. Interrogation sessions shall be for reasonable periods and shall be timed to allow
for such necessities and rest periods as reasonably necessary.
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F. If the employee under interrogation is under arrest, or is likely to be placed under
arrest as a result of the interrogation, he shall be informed of his rights prior to the
commencement of the interrogation.
G. The Chief or the Chiefs designee may employ as an investigative aid a
polygraph examination from licensed polygraph examiners who are not employed by the
Employer nor any public employer.This Agreement shall not preclude the use of polygraph
examination results as evidence in a disciplinary proceeding.The Department shall require
the complaining citizen to first submit to a polygraph examination before requiring the
employee to submit to a polygraph examination. Nothing herein prohibits the Chief from
ordering an employee to submit to a polygraph examination where there is no complaining
citizen.This Agreement shall not preclude the admission of such information as evidence in
a disciplinary proceeding.
H. The Chief or the Chiefs designee shall use the polygraph examination in a fair
and reasonable manner.
1. The refusal of the employee to answer all questions fully and truthfully and to
submit reports shall be grounds for disciplinary action.
J. An employee may have a Union representative with them as an observer only so
long as the representative does not delay or impede the investigation. The observer may
not relay any information obtained as a representative to any third person except to a
lawyer retained by the employee to represent them in the grievance.
Section 2. Disclosure.
No employee shall be required or requested to disclose any item of property, income,
assets, source of income, debts, or personal or domestic expenditures (including those of
any member of his family or household) unless required by law. Nothing in this section shall
44
be construed to prohibit the Chief or the Chiefs designee from requiring that employees
submit requests for approval of off-duty employment.
Section 3. Rules and Regulations.
If the investigation or interrogation of the employee results in any disciplinary action, the
Employer shall follow the Department's Rules and Regulations. Effective upon effective
date of this Agreement and subject to the Records Retention Act, only sustained formal
complaints filed after the effective date of this Agreement shall be retained by the Employer
in the employee's personnel file and Internal Affairs file.
ARTICLE 29
IMPASSE PROCEDURE
Section 1. In the event that an impasse, as defined in Chapter 174, Local Government
Code(herein referred to as the"Act"), is reached in the collective bargaining process after
submission of the unresolved issues to mediation under Section 174.151 of the Act, either
party to the dispute, after written notice to the other party containing specifications of the
issues in dispute, may request appointment of a fact finder as provided herein; provided,
however, a party shall not request a fact finding more than once during any fiscal year.
Prior to invoking fact finding, the parties shall make every reasonable effort to settle their
differences. The request for fact-finding shall be initiated within seven (7) calendar days
following the expiration of the sixty (60) calendar day pre-impasse period or within seven
(7) calendar days of any agreed extension thereof. The members of the fact-finding panel
shall be appointed in the manner provided in Section 174.154 of the Act for an arbitration
panel.
Section 2. The parties shall enter into a written agreement specifying the issues to be
submitted to fact finding. Each party may submit an unlimited number of issues to the fact
finding panel; provided, however,that all economic issues(i.e.,those issues involving cost
45
or expense to the Employer) shall be combined into a "total economic package"and shall
be submitted as a single issue. Non-economic issues may be submitted separately. Each
party shall submit in writing to the fact finders its position on each issue at or prior to the
hearing.
Section 3. The fact finding panel shall, acting through its chairperson, call a hearing to be
held within a reasonable time after appointment of the chair, and shall give the parties at
least fifteen(15)calendar days notice in writing of the time and place of such hearing. The
hearing shall be informal. After hearing all evidence offered by the parties, the panel shall
render a written decision making findings of fact and recommendations as to all matters in
dispute. In its written decision, the panel shall state its reasons for its finding of fact and
recommendations. In making such findings and recommendations, the panel shall select
the final position of one of the parties on each issue presented and shall not attempt to
"split the difference."
Section 4. In making its findings of fact and recommendations, the panel shall consider
only the following:
1. The total compensation, including wages and benefits, and conditions of
employment provided by the Employer to members of the bargaining unit.
2. The total compensation and terms and conditions of employment of police
officers employed by Texas cities with populations between 75,000 and 150,000-according
to the 2010 Federal decennial census.
3. The rate of increase or decrease in the cost of living for the Houston area
determined by the Consumer Price Index for the period beginning with the effective date of
the current contract and ending with the most recent published report at the time of the
commencement of the hearing.
46
4. The revenues available to the Employer and the demands upon such revenues.
5. Any current Federal policies or guidelines concerning wages and other
compensation.
6. Labor agreements from the Texas cities defined by "2" above.
Section 6. The fee and expenses, including stenographic charges, of the neutral fact
finder shall be split equally between the Employer and the Union. All other expenses,
including copies of transcripts, witness fees, and fees and expenses of the member of the
panel appointed by each party, shall be paid by the party incurring the expense.
Section 6. The findings and recommendations of the fact finder shall not be made public
for fifteen (15) calendar days, unless extended by mutual agreement in writing. Once the
findings and recommendations are released to the public, the parties shall have seven (7)
calendar days to either accept or reject the findings and recommendations.
Section 7. In the event that either party rejects one or more recommendations of the fact
finding panel,the rejected party may request submission of each rejected recommendation
to a referendum; provided, however, that neither party may request submission to
referendum of more than three (3) non-economic issues. If either party requests a
referendum hereunder, it shall be the duty of the City Council to call such referendum at the
earliest date permitted by law.The cost to the Employer of conducting the referendum shall
be borne on a pro rata basis based on issues by the party or parties requesting that the
issues be submitted to referendum.
The City Clerk's determination of the cost of the election shall be conclusive. Each issue
shall be submitted separately on the ballot and the voters shall cast their ballots "for" or
"against" the position of the party rejecting the fact-finding panel's recommendation. The
47
results of the referendum shall be binding on the parties. The conduct of the election shall
be handled in an efficient manner.
ARTICLE 30
RETIREMENT
The Employer agrees not to decrease the matching ratio or any other benefit under the
Texas Municipal Retirement System (TMRS) during the term of this Agreement.
The Employer agrees to maintain the CPI annuity at no less than seventy percent (70%).
ARTICLE 31
DURATION OF AGREEMENT
This Agreement shall be effective upon execution by both parties-and shall remain in full
force and effect until the 30th day of September, 2014. This Agreement shall continue in
effect after September 30, 2014, until superseded by a new agreement; provided that,
unless agreed to in writing by the parties, this Agreement shall not continue in effect after
September 30, 2015.
The City presently intends to continue this Agreement each fiscal year through the end of
its term, to pay all payments due, and to fully and promptly perform all of the obligations of
the City under this Agreement. All obligations of the City shall be paid only out of current
revenues or any other funds lawfully available therefor and appropriated for such purpose
by the City Council, in compliance with the Texas Constitution,Article XI, Sections 5 and 7.
48
ARTICLE 32
SAVINGS CLAUSE
Should any provision of the Agreement or any supplement thereto be held invalid by any
court or tribunal of competent jurisdiction, or if compliance with or enforcement of any such
provisions of the Agreement and any supplement thereto should be restrained by any court,
all other provisions of the Agreement and any amendment thereto shall remain in force and
the parties shall negotiate immediately for a satisfactory replacement for any such
provision.
IN WITNESS WHEREOF, the Beaumont Police Officers Association has caused this
Agreement to be signed by its President, by order of its membership, and the City of
Beaumont has caused this Agreement to be signed by its City Manager on the
day of , 2011.
BEAUMONT POLICE OFFICERS CITY OF BEAUMONT
ASSOCIATION
By: By:
President City Manager
Witness Witness
49
APPENDIX A
ARTICLE 18 - SCHEDULE OF WAGES
GRADE I - POLICE OFFICER
EFFECTIVE 10/01/12 10/01/13
EFFECTIVE DATE
YEARS 0% 1% 2%
Start to 1 year $4,057 $4,098 $4,180
1 -2 $4,304 $4,347 $4,434
2-3 $4,441 $4,485 $4,575
3-4 $4,580 $4,626 $4,718
4-5 $4,712 $4,759 $4,854
5-8 $4,852 $4,901 $4,999
8- 10 $4,947 $4,996 $5,096
10- 12 $5,094 $5,145 $5,248
12- 15 $5,196 $5,248 $5,353
15-20 $5,356 $5,410 $5,518
20 or more $5,516 $5,571 $5,683
GRADE 11 - POLICE SERGEANT
0-5 $6,029 $6,089 $6,211
5- 10 $6,346 $6,409 $6,538
10 or more $6,470 $6,535 $6,665
GRADE III - POLICE LIEUTENANT
0-5 $6,835 $6,903 $7,041
5 or more $6,972 $7,042 $7,183
GRADE IV - POLICE CAPTAIN
0-5 $7,409 $7,483 $7,633
5 or more $7,558 $7,634 $7,786
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2
November 22,2011
Consider approving a contract for pavement management and signal/sign asset data collection
RICH WITH OPPORTUNITY
B 'N' *
EAU- N
T • $ a Y a A • s City Council Agenda Item
TO: City Council
IMOM: Kyle Hayes, City Manager ]
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: November 22, 2011
REQUESTED ACTION: Council consider awarding a contract for Pavement
Management and Signal/Sign Asset Data Collection.
RECOMMENDATION
The Administration recommends the award of a contract to IMS Infrastructure Maoagement
Services,LLC(IMS),of Tempe, Arizona, in the estimated amount of$425,000.
BACKGROUND
The Public Works Department plans and manages maintenance and rehabilitation of seven
hundred seventy-five(775)miles of city streets. Key functions for planning and me Bement
are the collection and organization of won-ate data, analysis of road conditions, integration of
GrIS and work order data,and forecasting of maintenance based on anticipated budgets. In April
of 2010, Council approved the purchase of a work management and data asset tradldng system to
improve the efficiency and capability of the department to manage work,data,and assets.
Street condition and asset data must be collected and loaded into the system. Data collected will
include pavement surface distress and structural condition information as well as asset
identification for tracking. The data will enable the system to identify and prioritize needs,
predict future conditions,and assess costs and benefits. The City's goal is to develop a modified
Pavement Condition Index for each respective pavement asset.
A Request for Proposal(RFP)was sent to six(6)potential responders and posted on the City's
website. Two(2)responses were received. Both responders provided on-site presentations to
the evaluation committee. Evaluations were made according to the criteria in the RFP.
Evaluation scores are attached.
BUDGETARY E"ACT
Funds are available in the Street&Drainage Improvement Fund.
SABO OF ARD:Pavwim t M- -powrMnt fWft Mr0i 146
Critwia Percestoge M-Too"AZ DTS-Orlrndo FI
Score
1. Ability to most the Amcdonal
requkernpals as mWed In this RFP. 40% 36% 34%
2. Dretion of the proposed
intearMed SOLUTION. 10% 9% $%
3. Successfid history of the vendor's
abMy to provide sinhilar SOLUTIONS
withhh the estabbbed RFP pidelines,
ym 7 aid 50 Gients. 25% 22% 17%
4. !rune+ k to ave labRy of 9W ment
and personnel needed to provide the
SOLUTION. 5% 5% 5%
S. Experience with the integration of
third party soly are systems, In eluding
ESRI and GBA Master Series. 10% 9% 6%
6. Quaffed vendor staff with
experience in coMedlon,integration and
support of PmvenmWSWn0SlgnW data. 10% 9% 9%
Total 100% 90% 3014
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the award of a Consultant Services Agreement
to IMS Infrastructure Management Services, LLC (IMS), of Tempe, Arizona, in the
estimated amount of $425,000 for pavement management and signal/sign asset data
collection; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a Consultant Services Agreement with IMS Infrastructure
Management Services, LLC(IMS), of Tempe,Arizona,for the purposes described herein.
The contract is substantially in the form attached hereto as Exhibit "A" and made a part
hereof for all purposes .
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of
November, 2011.
- Mayor Becky Ames -
CONSULTANT SERVICES AGREEMENT
This AGREEMENT,effective this day of 20_is by and between:
City of Beaumont
801 Main St.
Beaumont, TX 77701
Hereinafter called CLIENT,and
IMS Infrastructure Management Services, LLC.
1820 W. Drake Drive, Suite 108
Tempe,AZ 85283
Hereinafter caged CONSULTANT,who agree as follows:
PART 1-RECITALS
CLIENT desires to engage CONSULTANT to provide professional consulting services to complete a
comprehensive pavement condition and right of way asset survey for the City of
Beaumont, TX as described in Section II-Scope of Services, and to render its services in the terms
and conditions provided in this agreement.
Both CLIENT and CONSULTANT agree that execution of this AGREEMENT is a material element of the
consideration to execute the Services.Additional terms and conditions may be added or changed only by
written amendment to this AGREEMENT signed by both parties.In the event CLIENT uses a purchase
order or other form of documentation to administer this AGREEMENT, the use of such form shall be
for convenience purposes only and any additional or conflicting terms it contains are stricken. This
AGREEMENT shall not be assigned by either party without prior written consent of the other party.
In consideration of the rights and obligations hereinafter specified,CLIENT and CONSULTANT agree as
follows:
PART 11-SCOPE OF SERVICES
The scope of CONSULTANT's services("Services")and project deliverables are described in
Attachment A-Scope of Services,the contents of which shall be incorporated into this AGREEMENT.
PART W-COMPENSATION
CLIENT shall pay compensation to CONSULTANT for the Services performed under this agreement
according to the fee schedule, or unit rate table,presented in Attachment A-Scope of Services.
CONSULTANT may invoice CLIENT at least monthly and payment is governed by Chapter 2251 of the
Texas Government Code, unless governed by a different Texas state law or federal law. Likewise, all
W infrasd-n—Management Services City of Beawnont Contract Page 1
EXHIBIT "A"
claims for interest on outstanding balances, early pay discounts and attorney's fees on disputes relative
to payments are governed by the foregoing noted statutory provisions.The Invoice shall follow the fee
schedule and be based on percentage complete or other agreed upon milestones. Documentation in
the form of a project status spreadsheet shall be supplied in support of each invoice. CLIENT shall
notify CONSULTANT in writing, at the address above, if CLIENT objects to any portion of the charges
on the invoice, and shall promptly pay the undisputed portion.
PART IV—PROVISIONS
1. PERIOD OF SERVICE-Work shall be initiated upon written Notice to Proceed from CLIENT and
execution of this agreement The conhact shall remain in force until the project is completed and notification of
completion is submitted by CONSULTANT to CLIENT or for 2 calendar years from the execution date of this
agreement—whichever comes first.
2. WARRANTY—CONSULTANT warrants to CLIENT that it will perform the services in a manner
consistent with that level of care and skill ordinarily exercised by members of the profession currently
practicing under similar conditions in the same locale.
3. INDEMNIFICATION—CONSULTANT shall defend,indemnify,and hold harmless CLIENT,their
agents,officers, members and employees,from and against legal liability for all claims, losses,damages,
and expenses to the extent such dams,losses,damages,or expenses are caused by CONSULTANT's
negligent acts, errors, or omissions.
4. INSURANCE-CONSULTANT represents that it now carries,and will continue to carry the following
minimum insurance applicable to the project. The City of Beaumont shall be named as additional insured on
Commercial General Liability and Automobile Liability policies for events arising in whole or in part under this
agreement All insurance policies shall waive claims for subrogation and contribution.
Type of Insurance Llmits Of Liability
Commercial General Liability $1,000,000(per occurrence)
Automobile LialAly $1,000,000
Workers Compensation As per applicable state law
5. GOVERNING LAW—The laws of the State of Texas shall govern the interpretation and
enforcement of this contract Any litigation which arises between the parties shall be initiated and pursued in
State or Federal District Court in Jefferson County,Texas and no other. The work is located in the City of
Beaumont,County of Jefferson. The Consultant shall comply with all ordinances, regulations,and other
lawful requirements of said City and County and of the State, Federal,and other public authorities within their
respective jurisdictions governing the work on public property.
6. SEVERABILITY—Any provision of the AGREEMENT which may be rendered null and void shall not
IMS10-tructure Manage—nt Services City ofBeawnont Contract Page 2
invalidate the remainder of this AGREEMENT to the extent the AGREEMENT is capable of execution.
7. TERMINATION -Either party may terminate this AGREEMENT or the Services without cause
upon giving the other party thirty (30)calendar days written notice and in accordance with the following
procedure. In such case, CONSULTANT shall be paid for work completed or as a percentage of such
completion.
a. Upon delivery of such notice by either party to the other party,and upon expiration of the thirty
day period,the Consultant shall discontinue all services in connection with the performance this
Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such
orders or contracts are chargeable to this Agreement. As soon as practicable after receipt of
notice of termination,the Consultant shall submit a statement showing in detail the services
performed under this Agreement to the date of termination. The Client shall then pay the
Consultant promptly that proportion of the prescribed charges which the Consultant actually
performed under this Agreement that is applicable and useable for this Project, less such
payments on account of the charges as have been previously made. Copies of Work prepared
under this agreement shall be delivered to the Client when and if this Agreement is terminated.
b. Failure by the Consultant to comply with the submittal of the statement and documents as
required above shall constitute a waiver by the Client of any and all rights or claims to collect any
monies that the Consultant may rightfully be entitled to for services performed under this
Agreement.
8. CONFIDENTIALITY-CLIENT is limited in its ability to agree to confidentiality provisions pursuant
to the Texas Public Information Act,Texas Goverment Code§552.001,et seq. Accordingly,the City does
not agree to confidentiality except to the extent allowed by the Texas Public Information Act and,where
applicable,the Federal Freedom of Information Act. If a third party seeks information relative to Vendor,
and not the contract itself,to the extent required by the Texas Public Information Act,the City will notify
Vendor of such request so the Vendor might protect its interests.
9. OWNERSHIP OF DOCUMENTS- Work product and all documents, including the original
drawings, estimates, specifications, analyses, calculations,field notes and data,will remain the property
of the Consultant as instruments of service. However, it is to be understood that the Client shall have free
access to all such information with the right to make and retain copies of drawings and all other
documents including field notes and data. Any re-use without specific written verification or adaptation by
Consultant will be a t Client's sole risk and without liability or legal exposure to the Consultant.
10. SAFETY-Safe practices are to be considered a priority requirement in.the performance of this
AGREEMENT. CONSULTANT will comply with the provisions of Federal,State and local health and safety
IMSInfrasftca"Management Services City ofBeamnont Contract page 3
requirements. Safety shall be the responsibility of the consultant.
11. NON-DISCRIMINATION IN EMPLOYMENT-CONSULTANT agrees and hereby certifies that in
providing the services hereunder, it shall not discriminate against any employee or applicant because of race,
color,religion,age,sex,or national origin.CONSULTANT shall abide by provisions of all applicable
governmental regulations pertaining to non-discrimination.
12. NOTICES- All notices hereunder materially changing this AGREEMENT must be in writing to the
designated CLIENT contact and CONSULTANT project manager.
13. FORCE MAJEURE-Neither CLIENT nor CONSULTANT shall be considered in default in the
performance of its obligations hereunder if such obligations were prevented or delayed by any cause beyond
the reasonable control of the party which include, but are not limited to acts of God,labor disputes or civil
unrest.
14. REJECTING DEFECTIVE/UNSATISFACTORY WORK—The Client shall have authority to
disapprove or reject work which the Client believes to be defective or unsatisfactory whether or not the work
is completed.
15. ADDITIONAL TERMS-None.
PART V—SIGNATURES
The parties have caused this AGREEMENT to be executed in duplicate counterparts,each of which
shall be considered as an original by their duly authorized offices.
CLIENT: CLIENT NAME
By:
swiaa" Title
Printed Name Date
CONSULTANT: WAS 1WMSTRUCTURE MANAGEMENT SERVICES,LLC
By:
We
'.
Prtrrted Narne Date
IMSInfrastruca-Management Services City ofBeawnont Contract Page 4
ATTACHMENT A - Scope of Services
IMS Infrastructure Management Services
City of Beaumont RFP MFO811-46, Pavement 1820 W.Drake Dr.Ste 108 Tempe,AZ 85283
Management and Signal/Sign Data Phone:(480)839-4347 Fax:(480)839-4348
www.ims-rst.com
September 22, 2011
City of Beaumont
801 Main Street, Suite 315
Beaumont, TX, 77704
Attention: Ms.Sara Parker,Buyer III
Reference: Best and Final Offer,Pavement Management and Signal/Sign Data
IMS Infrastructure Management Services is pleased to provide the following fee schedule to conduct a
pavement condition and ROW asset inventory for the City of Beaumont,TX.
We are pleased to offer the City all the services as previously outlined in our fee proposal from
September 9, 2011.
The scope of services is outlined below.
1.0 Project Charter Development:
A) Project Initiation:
• This task will involve initial contract administration, scope review, data and information to be
supplied by the City, as well as deliverable requirements and milestone timelines.
B) Network Referencing:
• This task includes the development of the survey routing maps and confirms the linkage of
the road segmentation to the City's GBA database and GIS.
C) Master Asset List and Survey Protocols:
• The development of the Master Asset List and other data collection requirements.
2.0 Field Surveys
D) Mobilization and Calibration:
• Survey crew and RST mobilize to City. Confirm survey requirements with the City and
calibrate on board systems.
IMS Inframwemm Management Services City of Bemawont Fees 09 22 2011 page 1
ro
City of Beaumont RFP MF0811-46, Pavement
Management and Signal/Sign Data
E) Pavement Condition and Roughness Field Surveys:
• Laser RST survey on approximately 800 survey miles of City streets. Roads that consist of 4
or more travel lanes or are divided by a median will be surveyed in both directions.
F) Pavement Attribute Field Surveys:
• Shoulder width (3 width categories)
• Ditch Depth Classification(3 severity/depth categories)
• Lip of Gutter/Edge of Pavement Drop Off (asphalt roads only, 3 severity levels)
• Curb Reveal Classification(asphalt roads only, 3 severity levels)
• Average Pavement Width
G) Right of Way GPS&Image Data Collection and Processing
• Collect ROW video using a 3 camera configuration and corresponding GPS to be used for
asset extraction.
• Provide a single camera view of geo-referenced digital images at 25ft intervals for use in the
City's GIS or GBA system.All images will be provided on DVD or external hard drive.
H) Right of Way Asset Database Development
The following ROW assets will be collected:
Sidewalks Handicap Ramps Drive Pads Curb and Gutter
Traffic Flashers Street Lights Guard Rails Barrisrs/Ped Fencing
Median Drop Inlets Curb Drop Inlets Signs Signals
• All assets will be collected using the digital video and GPS collected during the pavement
condition survey. The asset inventories will be developed using the proposed IMS approach
which incorporates this data with the use of the City's existing GIS and other available GIS
data sources. As indicated in our proposal, the inventory of the ROW assets and attributes
are subject to the limitations of any vehicle mounted mobile technology. This means that only
assets and attributes that are visible or discemable in the video can be collected. As well,
some attributes may need to be grouped into speck ranges or categories. All assets
attributes will be finalized with the City during the development of the Master Asset List(MAL)
and prior to any extraction effort.
• All assets and attributes will be provided in a personal geo-database.
• Carriageway Width(effective average pavement width)will also be provided.
IMS InfrastrncWre Maeasenient Services City of Beawwxt Fees 09 22 2011 page 2
City of Beaumont RFP MF0811-46, Pavement
Management and Signal/Sign Data
3.0 Data Management
1) Data Processing and Pavement Data Processing,Formatting&Load to GBA:
• Data reduction, analysis and QA/QC of collected pavement data.
• Load Pavement data into GBA.
J) Asset Data Load to GBA:
• Identify the linkage of fields in the delivered asset geo-database with the GBA database.
• Load up to 10 Asset features into GBA.
K) Functional Class Review:
• Review road Functional Class definitions, assignments and-linkage to GIS for all roads in the
network.
L) GBA SuperSegment and Model Development:
• The GBA pavement analysis is best accomplished at the SuperSegment level where the
individual block to block segments are combined into more feasible projects.
SuperSegments can range in size from individual street blocks to several blocks long. In
addition, SuperSegments can be created in the database for entire subdivisions where a
cyclical approach to pavement preservation techniques may be employed. This task will
cover the development of the SuperSegments in the GBA database.
M) 5 Year Pavement Management Plan Analysis and Report:
• Develop a 5 year Maintenance and Rehabilitation program and report.
N) Project Meetings and Travel:
• IMS has budgeted for 3 on site project meetings in addition to 2 meetings with the survey
crew(prior to the survey and post survey).
O) Project Management:
• Provide both client and project management activities including ongoing project status
updates, oversight and coordination of project resources, and overall project administration.
IMSInjrewwwre Mama""&Services City ojBeaanwnt Fees 09 22 2011 page 3
S .
City of Beaumont RFP MF0811-46, Pavement
Management and Signal/Sign Data
Optional Tasks
The City of Beaumont may wish to consider these value added services based on available budget.
• Asset Shape File and KML Viewing File Development
• IMS DataView Software, Data Load and Configuration
• Structural Testing and Analysis(major asphalt roads
only
FEE SCHEDULE:
The following table represents IMS's proposed fees for the assignment.This includes an additional
$32,700 reduction in fees from our previous fee proposal dated September 9,2011.
The following fees are presented over a 2 fiscal year period. Year 1 ensures that all pavement
management related tasks are completed in the first year of the assignment.As well, in Year 1 all ROW
video and GPS is collected in conjunction with the pavement condition survey allowing for the extraction
of ROW assets in Year 2.
The City has the option of including any of the required ROW Assets into Year 1 at the defined unit rates
in order to maximize available budget in the first fiscal year.As an example our proposed fee schedule
includes in fiscal Year 1 the provision of a Sign inventory.
Again,we have estimated approximately 800 survey test miles to conduct both the pavement and asset
inventories and any reduction in scope to less than 720 survey miles will result in an appropriate
adjustment to the unit rates.
All pricing is exclusive of any City, State or Federal taxes, levies or duties.
I trust that the following fees will suit your implementation and budgetary needs.
Sincerely,
IMS Infrastructure Management Services
-34) .
Fred Stephenson
Client Services Manager
Tel:(716)777-4800
Fax: (480)839-4348
fstephenson@ims-rst.com
IMS Infrastrnctnre Manaaemew Services City of Beaumont Fees 09 22 2011 page 4
City of Beaumont RFP MF0811-46, Pavement
Management and Signal/Sign Data
City of Beaumont
Best and Final Offer for RFP MF0811.46,2 Year Phased Approach
Teak Description Quent Units Unit Raba Total
Fiscal Year 1 Pavement Management&ROW Video/GPS Data Collection
Project Charter Development
1 Project Initiation,Scope Delinitlon and Budget Confirmation 1 LS 6,000.00 $6,000
2 Network Referencing,GO Linkage and Map Development 800 T-MI 7.00 $5,600
3 Master Asset List and Survey Protocols Review&Confirmation 1 LS 1,300.00 $1,300
Field Surveys
4 Mobilization&Calibration 1 LS 3,300.00 $3,300
5 Pavement Condition and Roughness Field Surveys $00 T-MI 93.00 $74,400
6 Pavement Attribute Field Surveys 800 T-MI 18.50 $14,800
Shoulder Width Classification (asphalt roads only,3 width categories)
Ditch Depth CassHPcation(3 severity levels)
Lip of Gutter/Edge of Pavement Drop Oil (asphalt roads only,3 severity levels)
Curb Reveal Classification(asphalt roads only 3 severity levels)
Carriageway Width(effective average pavement width) 800 T-MI 9.25 $7,400
Data Management
7 Right of Way GPS&Image Data Collection and Processing 800 T-MI 18.50 $14,800
8 Pavement Data Processing,Formatting&Load to GBAMS 800 T-MI 11.50 $9,200
9 SuperSegerne Cation and GBA Model Development 800 LS 7.50 $6,000
10 Five Year Pavement Management Plan Analysis&Report 1 LS 7,500.00 $7,500
11 Project Meetings and Travel 2 EA 2,400.00 $4,800
12 Project Management 1 LS 9,300.00 $9,300
13 Network Functional Classification Review 1 LS 2,300.00 $2,300
14 Right of Way Asset Database Development
Signs
Sign Database Development 800 T-MI 84.00 $67,200
15 Asset Data Load into GBAMS 1 FA 1,100.00 $1,100
Fiscal Year 1 Total: $235,000
Fiscal Year 2-Signals&ROW Assets
1 Signals and ROW Assets
Signals and Flashers Database Development Boo Toad 11.75 $9,400
Sidewalks Database Development(includes no welk present) 800 T-MI 38.75 $31,000
ADA Ramps Database Development 800 T-MI 35.00 $28,000
Drive Pads Database Development(commercial and rdsidential) 800 T-MI 32.50 $26,000
Curb&Gutter Database Development 800 T-MI 27.00 $21,600
Street Lights Database Development 800 T-MI 27.00 $21,600
Guard Rail and Sane Database Development 800 T-MI 11.50 $9,200
Aldan Drop Inlets Database Development 800 T-MI 11.50 $9,200
Curb Drop Inlets Database Development 800 T-MI 15.50 $12,400
2 Asset Data Load into GRAMS 9 EA 1,100.00 $9,900
3 Project Meetings and Travel 1 EA 2,400.00 $2,400
4 Project Management 1 LS 9,300.00 $9,300
Fiscal Year 2 Total: $190,000
Overall Project Total: 5428 000
Optional Task Activities for Beaumont Consideration
A Asset Shape File and KML Viewing File Development 10 FA $1,000 $10,000
B IMS DetaView Software,Data Load and Configuration 1 LS $7,500 $7,500
C Structural Testing and Analysis(major asphalt roads only) 135 T-MI $175 $23,625
IMS Infrastructure Management Services City ojBeaunwm Fees 09 22 2011 page 5
3
November 22,2011
Consider amending Title I Chapter 20 Section 20.03.003 and Section 20.03.004 of the Code of
Ordinances that would change the speed limit on Tyrrell Park Road, add a new school zone under
Schedule C and create a Schedule G
RICH WITH OPPORTUNITY
BEAUMON*
T E . g A g City Council Ag�n�da Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart,Director of Public Works
MEETING DATE: November 22, 2011
REQUESTED ACTION: Council consider amending Title I Chapter 20 Section
20.03.003 and Section 20.03.004 of the Code of Ordinances
that would change the speed limit on Tyrrell Park Road,
add a new School zone under Schedule C, and create a
Schedule G.
RECOMMENDATION
1. Administration recommends Council amend Title I Chapter 20 Section 20.03.003,
Maximum and Minimum Speeds Established in Certain Zones of the Code of Ordinance
that would change the speed limit on a section of Tyrrell Park Road from 40 MPH to 35
MPH.
2. Administration recommends Council amend Title I Chapter 20 Section 20.03.004 Speed
Limits Decreased in School Zones of the Code of Ordinances that would add a new
school speed zone on Phelan Boulevard for West Brook High School, and create a
Schedule G for Legacy Christian Academy
BACKGROUND
1. Residents have expressed safety concerns over the high speed of vehicles traveling on
Tyrrell Park Road between Fannett Road and Babe Zaharias Dr. The spot speed study
indicated that a lower speed limit would alleviate the situation. It is recommended that the
speed limit and speed zone boundary changes for Tyrrell Park Road be amended under
the schedule of Chapter 20 Section 20.03.003 to read as follows:
Street Limits of zone Dir. of TravelSpeed
Tyrrell Pk. Road From the centerline of Hillebrandt Bayou bridge N/S 40
to the centerline of Babe Zaharias Drive
From the centerline of Babe Zaharias Drive N/S 35
to the centerline of Fannett Road(S.H. 124)
2. The recent traffic studies conducted by the Transportation Division reveal that
establishing a school speed zone on SH 105 for Legacy Christian Academy and on Phelan
Boulevard for West Brook High School is necessary to promote the safety of the traveling
public. Because SH 105 is a State Highway, a letter of approval from Texas Department
of Transportation is attached for reference. The following changes are recommended:
A. Amending Schedule C by adding a school zone speed limits to read as follows:
Street Dir. of Travel Limits
Phelan Boulevard E& W From a point 1150 feet west of the centerline
of Major Drive(F.M. 364)to a point 2830
feet west of the centerline of Major Drive
(F.M.364).
B. Creation of a new school zone Schedule G to read as follows:
Schedule G
In accordance with this section and when signs are erected giving notice thereof, the
prima facie speed limit will be thirty five (35) miles per hour in the following zones
between the hours of 7:05 am. to 8:20 a.m. and 2:20 p.m. to 3:35 p.m., Monday through
Friday on school days.
Street Dir. of Travel Limits
SH 105 E & W From a point 280 feet east of the centerline
of Deerfield Drive to a point 785 feet west
of the centerline of Windswept Drive
Texas Departm6nt of Transportation
8350 Eastex Freeway* Beaumont,Texas 77708
November 7, 2011
Control: 339-5
Highway: SH 105 at Legacy Christian Academy in Beaumont
County: Jefferson
The Honorable Becky Ames
Mayor, City of Beaumont
P.O. Box 3827
Beaumont, Texas 77704-3827
Dear Mayor Ames:
We have prepared and attached for your review a proposed School Speed Zone Strip Map for
the establishment of a School Speed Zone on SH 105 for Legacy Christian Academy in
Beaumont. Attach are two(2)copies of the new School Speed Zone Strip Map.
Should you concur with the attached Speed Zone Strip Map, please request the City Council to
execute an Ordinance. It is important that a record of the survey date of the Speed Zone Strip
Map be made in the proposed Ordinance. The survey date is the only means of identifying this
Speed Zone Strip Map from maps that may be made in the future. Once passed, please forward
TxDOT a copy of the ordinance with an original
City Secretary's seal affixed.
In accordance with the March 25, 2008 Munl Maintenance Agreement, City's
Responsibilities (Non-Controlled Access), Item 2, "Cities greater than or equal to 50,000
population will also install, operate, and maintain all school safety devices and school
crosswalks." Upon passing of the ordinance, the City can move forward with their installation of
the flashing school speed zone sign assemblies.
If you have any questions, please contact Ted East at(409)898-5778.
Sine y
-� Ja
r . Manley,
Director of Transportation Operations
JKM/pab
attachment
c: Trans. Operations
,F
THE TEXAS PLAN
REDUCE CONGESTION-ENHANCE SAFETY-EXPAND ECONOMIC OPPORTUNITY•IMPROVE AIR QUALITY
INCREASE THE VALUE OF OUR TRANSPORTATION ASSETS
An Equal Opportunity Employer
a s 0
DEVELOPMENT SEE BEAUMONT INC. so—I Con ciai y
CONTROL & SECTION 339-05 1 339-05 y
REFERENCE LINE Saboi speed Z"
SURFACE WIDTH (DIVIDED HWY. ) •-SOhml speed Za 35 M.P.N.
ACCIDENTS (DIVIDED HWY. ) •I• AOPr s stp 0ls ores
ZONE LENGTHS MILE 0.434Mi. •205Mi. T61
ZONE SPEEDS MPH 65 M.P.N. 55 M.P.N. 35 M.P.N. 55 M.P.N. 45 M.P.N.
4 I I
I I
35
SOUR LAKE I — 15
I I .."• I I 1a
zll
261•'j
BEAUMONT 6 I E. I i
35 I
I I
I i •
ZONE SPEEDS MPH 65 M.P.MI E1014m S5 LL P. 6U5 M.P.N./Saool Zane SS M.P.M. 45 M.P.N.
ZONE LENGTHS MILE 001 0.131 Mi. .209 Mi.
ACCIDENTS 10/1/2010 - 9/30/2011
R.O.W. WIDTH
SURFACE WIDTH I
GRADES OVER 3%
CURVES OVER 2°
REFERENCE LINE
DEVELOPMENT R66lan+ial ♦N Rosle.n+lol R..IaMNial/Ca11 TCal y ORDINANCE DIST: BEAUMONT COUNTY: JEFFERSON /C.M.0
REPLACES DATE F XX 1 85 PERCENTILE SPEED
HIGHWAY: S.H. 105 CITY: BEAUMONT REPLACES DATE —4—X—Xl TOP SPEED MEASURED
DATE OF SURVEY: 1011612000 SCALE: 1" = 300 MILE CANCELLED BY DATE XXX NUMBER OF CARS CHECKED
LIMITS OF ZONE 49 FATAL ACCIDENT
SECTION ONE LENGTH .209 Mi.FEET SECTION TWO LENGTH FEET SPEED Z O N E
STA. OR M.P. CONT. 6 SECT. PROJECT 6 O STA. OR M.P. CONT. SECT. PROJECT PERSONAL INJURY ACCIDENT
BEGINS 1.115 339.05 1 Sonaal zone BEGINS 0 PROPERTY DAMAGE ACCIDENT
STA. OR Y.P. CONT. 6 SECT. PROJECT STA. OR M.P. CONT. 6 SECT. PROJECT INDICATES SECTION ZONED MAP DRAWN - 10/14/2011 - P.B.
ENDS 1,621 339-05 1 School Zme ENDS
BY COMMISSION MINUTE
LEGEND
SR 105 JC 6S.DGN
N fns i:cowl ae es.eo.: 111112 i e:sz:U An
DEVELOPMENT =04= SEE 2EAUMORT 111C• 5C10D1 C0""°'C7p1 y
CONTROL & SECTION 332-05 33s m +►
REFERENCE LINE Shc l SP..°ear'
SURFACE WIDTH (DIVIDED HWY. ) ••SohWl SMM Z"35 MP.N.
ACCIDENTS (DIVIDED HWY.)
ZONE LENGTHS MILE 0.434 M1. .20 M1. 7tl' mjH
ZONE SPEEDS MPH H,LP.N. SS M.P.N. 33 M.P.M. SS M.P.N. 45 M.P.N.
35 i I I
4 I i�' SCHOOL �. t�l ^E
SOUR LAKE N � f
I I I M.s.EEI I I 4
F I :
211'
264 «{
�I@ °
BEAUMONT I I
i 35 I I «I
I i
i
ZONE SPEEDS MPH 6s M.P.N. somom 55 M.P.N. ••]s M.P.N./SO,wol Zan° 55 M.P.N. 45 M.P.N.
ZONE LENGTHS MILE 0.434 M1. .205 Mi.
ACCIDENTS 101112010 - 9/30/2011
R.O.W. WIDTH
SURFACE WIDTH
GRADES OVER 3% I
CURVES OVER 2°
REFERENCE LINE
DEVELOPMENT R..104n+1°. R..104nY10,
DIST: BEAUMONT COUNTY: JEFFERSON is M.o
DATE XX 85 PERCENTILE SPEED
HIGHWAY: S.H. 105 CITY: BEAUMONT REPLACES
REPLACES DATE XX TOP SPEED MEASURED
DATE OF SURVEY. 10/10/2011 SCALE- 1" = 300 MILE CANCELLED BY DATE XXX NUMBER OF CARS CHECKED
LIMITS OF ZONE
SECTION ONE LENGTH .209 M1.FEET SECTION TWO LENGTH FEET FATAL ACCIDENT SPEED Z N E
STA. OR M.P. CONT. 6 SECT. PROJECT STA. OR M.P. CONT. 6 SECT. PROJECT O PERSONAL INJURY ACCIDENT
BEGINS 4.415 332-05 xloet 2err BEGINS I 1- 0 PROPERTY DAMAGE ACCIDENT
STA. OR M.P. CONT. 6 SECT. PROJECT STA. OR M.P. I CONT. 6 SECT.1 PROJECT INDICATES SECTION ZONED MAP DRAWN - 10/14/2011 - P.B.
BY COMMISSION MINUTE
ENDS 4.624 332-05 S0M01 Zone ENDS
LEGEND
SH 105 JC 65.DGN
'MI 105 I�elwol]C 65.4Pn 10/]1/]011 9:06:1]K.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 20,
SECTION 20.03.003 AND SECTION 20.03.004 BY
AMENDING SCHEDULE C AND ADDING A NEW
SCHEDULE G OF THE CODE OF ORDINANCES OF
BEAUMONT, TEXAS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL; AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Chapter 20, Section 20.03.003, Maximum and minimum speeds established in
certain zones, Schedule, of the Code of Ordinances of the City of Beaumont, be and the
same is hereby amended by amending the speed limit of Tyrrell Park Road to read as
follows:
Speed In
M111" Per
Direction Hour
Street Limits of Zones of Travel Max. Min.
Tyrrell Park From the centerline of Hillebrandt North and south 40
Road Bayou to the bridge centerline of
Babe Zaharias Drive
From the centerline of Babe North and south 35
Zaharias to the Drive centerline
of Fannett Road (S.H. 124)
Section 2.
THAT Chapter 20, Section 20.03.004, Speed limits decreased in school zones,
Schedule C, of the Code of Ordinances of the City of Beaumont, be and the same is
hereby amended by adding a new school zone speed limit as follows:
SCHEDULE C
Street Direction of Travel Limits
Phelan Boulevard E &W From a point 1150 feet west of the
centerline of Major Drive (F.M. 364) to a
point 2830 feet west of the centerline of
Major Drive (F.M. 364).
Section 3.
THAT Chapter 20, Section 20.03.004, Speed limits decreased in school zones, of the
Code of Ordinances of the City of Beaumont, be and the same is hereby amended by
adding a new Schedule G to read as follows:
SCHEDULE G
In accordance with this section and when signs are erected giving notice thereof,
the prima facie speed limit shall be thirty five (35) miles per hour in the following zones
between the hours of 7:05 a.m. to 8:20 a.m. and 2:20 p.m. to 3:35 p.m., Monday
through Friday on school days.
Sheet Direction of Travel Description
SH 105 E &W From a point 280 feet east of the centerline of
Deerfield Drive to a point 785 feet west of the
centerline of Windswept Drive.
Section 4.
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 5.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 6.
That any person who violates any provision of this ordinance shall, upon
conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of
Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of
November, 2011.
- Mayor Becky Ames -