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HomeMy WebLinkAboutPACKET FEB 19 2013 RICK WITS OPPORTUNITY ,BEAUMON* T • Z • a • A • s REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 19,2013 1:30 P.M. CONSENT AGENDA * Approval of minutes—February 12, 2013 * Confirmation of committee appointments Pat Anderson would be appointed to the Community Development Advisory Committee. The term would commence February 19, 2013 and expire February 18,2015. (Councilmember W. L. Pate, Jr.) Craig Messer would be appointed to the Community Development Advisory Committee. The term would commence February 19, 2013 and expire February 18, 2015. (Mayor Pro Tem Alan B. Coleman) Jon Reaud would be reappointed as Chairman of the Community Development Advisory Committee. The current term would expire January 19, 2014. (Mayor Becky Ames) Kelli Maness would be reappointed to the Board of Adjustment(Zoning). The current term would expire June 21, 2014. (Mayor Becky Ames) A) Approve a resolution authorizing the City Manager to execute all documents necessary, specifically including a User/Equipment Agreement which allows criminal justice agencies to exchange jail and records management systems data B) Approve a resolution authorizing the City Manager to execute all documents necessary for an affiliation agreement between The City of Beaumont EMS and Lamar State College-Orange C) Approve a resolution authorizing the settlement of the lawsuit styled Home Rule Municipality of the State of Texas, et al. vs. Westchester Surplus Lines Insurance Company, et al.; Cause No. Al 89-328 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointments be made: Appointment Commission Beginning Expiration of Term of Term Pat Anderson Community Development Advisory Committee 02/19/13 02/18/15 Craig Messer Community Development Advisory Committee 02/19/13 02/18/15 THAT the following reappointments be made: Reappointment Commission Beginning Expiration of Term of Term Jon Reaud, Chairman Community Development Advisory Committee 02/19/13 01/19/14 Kelli Maness Board of Adjustment 02/19/13 06/21/14 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of February, 2013. - Mayor Becky Ames - A RICH WITH OPPORTUNITY T - E BEAUMON*X - A • S Cit Council A enda Item Y g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: February 19, 2013 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute all documents necessary, specifically including a User/Equipment Agreement with the National Data Exchange (N- DEx)which allows criminal justice agencies to exchange jail and records management systems data. BACKGROUND Beaumont Police Department investigators have been utilizing the Texas Data Exchange (TDEx) as an investigative tool since 2006. Investigators are able to access the Texas Rangers Criminal Information Database, DPS Criminal Law Enforcement Records and Information Systems, DPS Highway Patrol Database, county jail incarceration records in custody and releases, Texas Department of Criminal Justice prisoner data and multi jurisdictional reports, including incidents,bookings and traffic citations. TDex is now in transition to put the N-DEx portal in place. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of resolution. 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 User/Equipment Agreement and all other documents necessary to continue the Beaumont Police Department's participation in the National Data Exchange (N-DEx), a transition from the T-DEx program, a comprehensive information sharing portal that allows criminal justice agencies to exchange jail and records management systems data. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of February, 2013. - Mayor Becky Ames - B RICH WITH OPPORTUNITY- Am BEAUMUIN�* T - E - X • A S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Sherry Ulmer, rublic Health Director MEETING DATE: February 19, 2013 REQUESTED ACTION: Council consider a resolution approving the City Manager to execute all documents necessary for the affiliation agreement between The City of Beaumont EMS and Lamar State College - Orange. BACKGROUND Lamar State College-Orange is requesting an agreement with the City of Beaumont's Emergency Medical Services to provide clinical experience to its students majoring in the Emergency Medical Services Program. The responsibilities of Lamar State College-Orange will include but not be limited to the following: -provision of classroom theory; -preparation of student assignments; - continuous communications with Beaumont EMS regarding student performance; and - supervision of students. The responsibilities of Beaumont EMS will include but not be limited to the following: -acceptance and reasonable orientation of students; -coordination of the college's assignment schedule; - assistance in evaluation of each student; -designation of an individual to serve as liaison with the college; -provision of basic medical care to students in case of an emergency; -provision of reasonable opportunities for students to observe and assist in various aspects of patient care; and -ultimate control of responsibility of patient care. I FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. AFFILIATION AGREEMENT AN AGREEMENT FOR THE USE OF CLINICAL FACILITIES FOR THE EDUCATION OF EMERGENCY MEDICAL SERVICES CREDIT COURSE STUDENTS between LAMAR STATE COLLEGE- ORANGE and CITY OF BEAUMONT EMS 2013 -2014 I AFFILIATION AGREEMENT EMERGENCY MEDICAL SERVICES PROGRAM The following Affiliation Agreement is entered into between Lamar State College -Orange, Orange, Texas, for and on behalf of the Emergency Medical Services Program,hereinafter referred to as "College", and City of Beaumont EMS hereinafter referred to as "Clinical Affiliate," on behalf of"College" students enrolled in the Emergency Medical Services Program. It is agreed by both parties to be of mutual interest to give students an opportunity to utilize the hospital as a clinical facility for educational purposes. The"College"and"Clinical Affiliate" agree to accept the responsibilities and duties stated herein. I. It is mutually agreed by the"Clinical Affiliate" and the"College"that the educational program and curricula of the Emergency Medical Services Program is and shall be the responsibility of, and shall be carried out under the direction of personnel of the "College." 2. It is mutually agreed that clinical experiences and supervision for students enrolled in the Emergency Medical Services Program will be provided at "Clinical Affiliate,"by the"College." 3. It is mutually agreed that the "College"will select and assign learning experiences for students, and will further provide for teaching, evaluation, overall supervision, and record keeping of students. "Clinical Affiliate" instructors will adhere to policies as agreed upon by the two parties and will monitor students' adherence to policies mutually agreed upon. 4. It is mutually agreed that"College" and"Clinical Affiliate" do not, and will not discriminate against any student, employee or applicant for participation in the learning experience because of race, religion, sex, color, creed, marital status, age or national origin. 5. It is mutually agreed that the period of assignment, and the number and distribution of students among divisions of the"Clinical Affiliate"will be determined by representatives of the"College"and"Clinical Affiliate." 6. It is mutually agreed that representatives of the "College"and"Clinical Affiliate" shall meet regularly to discuss issues of mutual concern, and to make such suggestions and changes as are needed. Both parties will share information pertinent to the Affiliation Agreement. II To carry out these general areas of agreement,the"College" is responsible for and agrees to: 1. Protect the health and safety of all parties by: a. Requiring student to obtain professional liability insurance of no less that$1,000,000 per occurrence and in the aggregate and to provide "Clinical Affiliate"proof of such insurance: b. Requiring an annual health and physical examination at no cost to "Clinical Affiliate"; C. Requiring compliance with Center for Disease Control, Texas Department of State Health Services, and"Clinical Affiliate" rules as regarding health, safety, dress, and conduct and d. Providing, or otherwise arranging for, faculty and student orientation to "Clinical Affiliate," its major policies, rules and regulations. 2. Make arrangements with the Medical Director, and specified designates, for clinical learning experiences needed for students prior to each semester. The "College"representative will provide these parties with: a. Name(s) of students; b. Name(s) of faculty; C. Dates, days, times of clinical learning experience as previously agreed upon(in I, 5.). 3. Arrange for clinical personnel to participate in evaluation of student performance. 4. Make the individual student responsible for equipment damaged or broken due to the student's negligence 5. Make the individual student responsible for their own health needs including emergency care or follow-up in any accidents (i.e. needle sticks) at the clinical sites. 6. Assure that each instructor and student signs an agreement(see Attachment A, incorporated herein by reference)which states that "Clinical Affiliate"has the absolute right and responsibility to terminate an individual's clinical rotation at"Clinical Affiliate"based on attitude and behavior. Such right of"Clinical Affiliate"is not negotiable or subject to discussion. Withdrawal from"Clinical Affiliate" of a student or faculty of the"College"may be requested by "Clinical Affiliate." "Clinical Affiliate"has the right to remove a student from participation under this agreement with or without cause. 7. Make the following affirmations to ensure Fair Labor Standards Act requirements are met: • The special regulations in the Fair Labor Standards Act covering"student- learners"enrolled in a bona fide technical program are applicable to Program students; • The"College" is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools to award associate of arts, associate of science, associate of applied science degrees and certificates of completion; • No hourly compensation is applicable to the student-learner while in the Program in the learning experience at"Clinical Affiliate's" site and • A student is not considered an employee of"Clinical Affiliate,"and not eligible for Workers' Compensation. 8. Assure confidentiality of patient and"Clinical Affiliate"matters by: • Instructing faculty and students to maintain the confidentiality of patient and"Clinical Affiliate" information and records: • Assuring each student and faculty member execute a confidentiality agreement(Attachment A, incorporated herein by reference)before beginning rotation at"Clinical Affiliate" and • Agreeing that any breach of confidentiality will result in the immediate expulsion from"Clinical Affiliate"of the person(s)responsible for the breach and may result in termination of the entire affiliation. III The"Clinical Affiliate"is responsible for, and agrees to: 1. Permit the use of clinical facilities by students enrolled in the Emergency Medical Services Program for the purpose of clinical education. 2. Maintain approval by the appropriate state and/or properly designated accrediting body, and inform the "College" of any changes in that approval. 3. Inform the"College"and participate in joint planning,prior to accepting Emergency Medical Services students from any other institutions. 4. Provide to the extent possible, conference rooms for student counseling, and locker rooms or other secure space for students to store coats,books, etc., while on duty. 5. Allow students and faculty access to, and use of, facilities maintained by the"Clinical Affiliate"following its specific policies, fees or charges, such as Library and Cafeteria. 6. Charge no fees for clinical laboratory experience. 7. Collaborate with Emergency Medical Services educators to influence curricula, including clinical and/or managerial learning experiences, when "Clinical Affiliate"provides clinical facilities for the Emergency Medical Services education program. 8. Assist in evaluating student performance. IV TERMS OF AGREEMENT: Only insofar as it is authorized by law to do so, the"College"agrees to hold the "Clinical Affiliate"harmless from and against any and all liability for personal injury, including injury resulting in death, or damage to property, or both, resulting directly or indirectly from the use by the College of the "Clinical Affiliate's" clinical facility. Nothing in this Affiliation Agreement is to be construed as transferring financial responsibility from one party to another. The terms of this Agreement may be modified upon mutual consent of the parties. Plans to initiate termination of the Agreement may be instituted by either party upon no less than six(6)months written notice by mail. The plans for termination must include specific procedures to assure that there will be no adverse affect to the rights and privileges of students actually enrolled in the program, as long as they are making normal progress toward completion. Annual review of the Agreement will be made. FOR THE COLLEGE: FOR THE CLINICAL AFFILIATE: I-O President Chief Administrator Gam. ctor of ied Heal Emergency is Services Program Course Coordinator Date Completed Date Completed ANNUAL REVIEW OF AFFILIATION AGREEMENT between LSC-O EMERGENCY MEDICAL SERVICES CREDIT COURSE PROGRAM and CITY OF BEAUMONT EMS I The Affiliation Agreement existing between City of Beaumont EMS and the Emergency Medical Services Program has been thoroughly reviewed. The terms of agreement continue to be satisfactory. FOR THE COLLEGE: FOR THE CLINICAL AFFILIATE: LSC O President Chief Administrator Director of Allied Health Date Completed Emergency dical Sery ces Course Coordinator Date Completed 2013 -2014 TTACHMENT"A' STATEMENT OF AGREEMENT AND UNDERSTANDING a(select one) [] student [ ] faculty member of the Emergency Medical Services Program at Lamar State College-Orange ("College"), as a condition of participation in the clinical rotation at City of Beaumont EMS, ("Clinical Affiliate"), agree as follows: Attitude and Behavior: I understand and agree that,based on unacceptable attitude and/or behavior, "Clinical Affiliate"has the absolute right and responsibility to terminate my clinical rotation. I understand and agree that"Clinical Affiliate's"right is not negotiable or subject to discussion. Confidentiality: I shall maintain the confidentiality of and shall not disclose any information relating to patients or the "Clinical Affiliate."I understand and agree that any breach in confidentiality will result in my immediate expulsion from the clinical rotation at "Clinical Affiliate." Signature: Printed name: Date: 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 all documents necessary to enter into an affiliation agreement between the City of Beaumont EMS Division and Lamar State College-Orange for the sole purpose of clinical experience and education under the supervision of the Beaumont EMS Division. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of February, 2013. - Mayor Becky Ames - C RICH WITH OPPORTUNITY 11EA,UM"0N* T • E • x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: February 19, 2013 REQUESTED ACTION: Consider a resolution authorizing the settlement of the lawsuit styled Home Rule Municipality of the State of Texas, et al vs. Westchester Surplus Lines Insurance Co Mpany, et ; Cause No. A189-328. RECOMMENDATION On or about September 13, 2008, Hurricane Ike hit the Beaumont area and caused certain damage to property owned by the City of Beaumont. Westchester Surplus Lines Insurance Company and Lexington Insurance Company provides insurance coverage for various types of City owned property and activities. This includes debris removal, street sign repair or replacement, traffic light repair or replacement, traffic control device repair or replacement, and generator expense. Westchester and Lexington have denied and continues to deny coverage for the damage sustained as a result of Hurricane Ike. It became necessary to file a lawsuit to seek recovery for the damage sustained as a result of the hurricane. These claims have been mediated by an independent third party mediator who has proposed a mediated settlement in the amount of$6,950,000. BACKGROUND This matter was most recently presented and discussed in an Executive Session held on December 11, 2012. The City Attorney is requesting authority to accept the mediator's proposal in settlement of this lawsuit. BUDGETARYIMPACT The settlement of this lawsuit would result in the receipt of$6,950,000 in payment for property damages sustained. RESOLUTION NO. WHEREAS, the lawsuit styled Home Rule Municipality of the State of Texas, et al vs. Westchester Surplus Lines Insurance Company, et al, Cause No. A189-328, was discussed in Executive Session properly called and held Tuesday, December 11, 2012; and, WHEREAS, the City Attorney is requesting authority to settle this lawsuit; 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 Home Rule Municipality of the State of Texas, et al vs. Westchester Surplus Lines Insurance Company, et al, Cause No. A189-328, for the receipt of the sum of Six Million Nine Hundred Fifty Thousand and XX/100 Dollars ($6,950,000.00); 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 19th day of February, 2013. - Mayor Becky Ames - NIO■ WIT! OPPORTUNITY BEAUMON* REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 19,2013 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-2/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a resolution approving the purchase of a digger derrick for use by the Transportation Division 2. Consider a resolution approving a bid for improvements to Brown Plaza 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 February 19,2013 Consider a resolution approving the purchase of a digger derrick for use by the Transportation Division RICH WITH OPPORTUNITY BEAUMOK* T - E - z - A - s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: February 19, 2013 REQUESTED ACTION: Council consider a resolution approving the purchase of a digger derrick from Freightliner of Austin in the amount of $224,008 for use by the Transportation Division. BACKGROUND The digger derrick will be used for drilling signal pole foundations, lifting signal poles, signal arms, freeway light poles, and lifting other heavy loads. The unit to be replaced is a 1988 model which is not powerful enough for current foundation standards and has become unreliable and expensive to repair and maintain. The old unit will be disposed of according to the City's surplus property disposal policies. Pricing for the equipment was obtained through BuyBoard, a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. BuyBoard complies with State of Texas procurement statutes. Manufacturer's warranty for the digger derrick is one year. Warranty service is available from the local dealer. Delivery is expected in approximately one hundred eighty(180)days. FUNDING SOURCE Lease Purchase Agreement with the first debt payment planned for in the FY 2014 Budget- Capital Reserve Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to approve the purchase of a digger derrick for use by the Transportation Division from Freightliner, of Austin, Texas, in the amount of$224,008 through the BuyBoard Cooperative Purchasing Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of February, 2013. - Mayor Becky Ames - 2 February 19,2013 Consider a resolution approving a bid for improvements to Brown Plaza RICH WITH OPPORTUNITY BEAUM-ON* T • Z • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager QO• PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: February 19, 2013 REQUESTED ACTION: Council consider a resolution approving the award of a bid to S R Tilley Builders, Inc. of Vidor, TX in the amount of $52,200 for improvements to Brown Plaza. BACKGROUND In 1989, the Brown family donated funds to create a memorial to their father, George W. Brown, Jr. The location selected was the triangle between Calder and Phelan,west of I410. The Calder Drainage project widened Calder Avenue on the north side of the triangle, thus reducing its size. The Brown Family contacted the City and requested that the area be landscaped again and continue as a memorial to their late father. Plans were developed for a circular thirty(30)ft. elevated bed centered with a six(6)ft. diameter planter surrounded by a four(4)ft. bed for seasonal plant materials and a five(5)ft. bed for shrub materials. The triangle will include Crepe Myrtle trees, irrigation and site lighting. The bids received are as follow: Contractor Imcation Price Completion Time S R Tilley Builders, Inc. Vidor, TX $52,200 60 days Allco Beaumont, TX $59,450 65 days Daniels Building& Construction, Inc. Beaumont, TX $64,000 70 days Bruce's General Construction, Inc. Beaumont, TX $67,100 90 days Goss Building, Inc. Beaumont, TX $74,000 60 days Brown Plaza February 19, 2013 Page 2 FUNDING SOURCE The Brown Family recently donated $25,000 for the beautification of this triangle. The balance will be funded by the Capital Program. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of a contract to S R Tilley Builders, Inc., of Vidor, Texas, in the amount of$52,200 for improvements to Brown Plaza. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of February, 2013. - Mayor Becky Ames -