HomeMy WebLinkAboutPACKET JUL 09 2013 sIcs WITU orraRsawtti
BEAUN01K*
T e 8 • S • A - 8
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JULY 9,2013 1:30 P.M.
CONSENT AGENDA
* Approval of minutes—June 25, 2013
* Confirmation of committee appointments
A) Approve a resolution approving an annual contract for waste collection at various city
facilities
B) Approve a resolution approving two annual contracts for the purchase of uniforms for use
by the Fire Department
C) Approve a resolution authorizing the City Manager to enter into an Agreement with
Lamar University for Programming Services
D) Approve a resolution accepting maintenance of the street, storm sewer,water and sanitary
sewer improvements in West Chase Village, Section Eleven Subdivision
E) Approve a resolution authorizing the City Manager to apply for and receive funding
through the Edward Byrne Memorial Justice Assistance Grant program and to execute an
inter-local agreement with the City of Port Arthur and Jefferson County in order to
reallocate Justice Assistance Grant funds
RICA WITH OPPORTUNITY
BEAUINOI-N*
T • R • X • A • B City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer,4" fo✓ GG
MEETING DATE: July 9, 2013
REQUESTED ACTION: Council consider a resolution approving the award of an
annual contract to Progressive Waste Solutions, Inc.,of
Kountz, Texas in the estimated amount of$66,523.20 for
waste collection at City facilities.
BACKGROUND
Refuse container and collection services are required at thirty-seven(37)sites throughout the
City. The size of refuse containers required range from two(2)to ten(10)cubic yards, and the
collection frequency rates range from one(1)to four(4)per week.
Bids were requested and received from four(4)vendors who provide this service in Beaumont
area. The low conforming bid of$66,523.20 was received from Progressive Waste Solutions,
Inc.
Bid specifications stated the container size and frequency currently in use, and allow the City to
add or delete containers and change locations or container size as needed. The award of this bid
is based upon the number of containers and locations currently being serviced. The bid also
requested monthly rates for additional containers on an as needed basis such as cleanup
following a hurricane.
Vendor Estimated Animal Cost
Progressive Waste Solutions,K TX $66,523.20
Triangle Waste Solutions,Port Arthur, TX $73,092.00
Republic Waste Beaumont,TX $89,676.00
Waste ment,Beaumont, TX $98,752.80
Full bid tabulation is attached. The prior bid for these services from Triangle Waste Solutions,
was $60,628.20.
Annual Contract for Container and Solid Waste Collection
July 9, 2013
Page 2
FUNDING SOURCE
Various departmental operating budgets in the General Fund, Fleet Fund, Water Utilities Fund,
and Henry Homberg Golf Course Fund.
RECOMMENDATION
Approval of resolution.
sic■W[T■orFoarariTY CITY OF BEAUMONT,BEAUMONT,TEXAS
BEAM* PURCHASING NVISION=TA8ll1.ATiON
T - E - Z - A - e
SM Name: ANNUAL CONTRACT FOR CONTAP"&SOLID WASTE COLLECTION
ON Number. SM13-16
Bid Opening: Thursday,June 27,2013
Contact Person:Robert(Bob)Holler, Buyer 11
rhollar _ci.beaumont.tx.us
Phone: 409400-3758
VENDOR: SOLUTIONS WASTE SOLUTIONS NS- KOUNTz
CONTAINER 1/WEEK 21WEEK 3ANEEK 4ANEEK 5ANEEK 6A NEEK
YD 16.44 49
4 YD $ 32.88 $ 65.76 . $ 9l8 94 S 131.53 $ 164.40 $ 197.29
6 YO $ 4932 $ 98.64 $ 148.09 S 197.46 S 246.81 $ 296.17
8 YO $ 65.76 $ 131.63 $ 107.451 $ 263.26 $ 329.06 S 394.90
10 YD $ 82.27 S 164.54 S 246.81 S 329.081 $ 411.35 $ 493.62
FR:TRIANGLE WASTE SOLUTIONS- BEAUMONT
AI 1
1
4 YD $ 42.00 $ 84.00 S 125.00 $ 168.00 $ 21000 $ 252.00
6 YD $ 53.00 $ 107.0 $ 16000 $ 21300 $ 26.00 $ 320.00
8 YD $ 71.00 $ 1400 $ 21300 $ 284.00 $ 356.00 $ 428.00
10 YD $ 89.0D m $
266.0 $ 356.00 $ 444.00 S 633.00
VENDOR: REPUBLIC SERVICES- BEAUMONT
CONTAINER t 1 3M
1
4 YD $ 99.00 S 122.00 $ 17600 $ 229.0 $ 281.00 $ 342.00
6 YD $ 85.00 $ 149.00 $ 212.00 $ 275.00 $ 338.00 S 409.00
8 YO $ 9!i 00 17200 $ 246.00 $ 319.00 $ 39200 S 4 3.00
10 YD $ 121.001S 203.00 $ 286.00 1 $ 370.001s 452-001 $ 546.00
VENDOR: WASTE MANAGEMENT- HOUSTON
CONTAINER 744&83 2 Y S 9 . 1 1
4 YD $ 97.98 S WAS S 495.33 S 244.16 S 290.98
6 YD S 146.49 S 219.74 S 29299 S 366 23 S 436.46
8 YD $ 196.33 S 29299 $ 390.85 S 488.32 $ 581.95
10 YD 1 $ 122.091$ 244.541 $ 386.24 1 $ 488.321 $ 610.401 $ 727.44
VENDOR PROf3RES$NE TREE REPUBLIC WASTE
yfVASTE EMENT
FACILITY SIZE(YD) QTY COLLECT Y MONTM Y LY MONTHLY
PRICE PRICE PRICE PRICE
ALICE KEITH
PARK 6 1 2 i 1&" $ 107.00 $ 149.00 $ 146.49
ART LEAGUE 2 1 1 ; 16.44 $ 30.00 $ 55.00 $ 24.42
ART MUSEUM
8E17C 6 1 2 $ 98.64 $ 107.00 $ 149.00 $ 146.49
ATHLETIC 10 4 1 $ 329AG $ 355.00 $ 484.00 $ 488.36
COMPLEX
BABE
ZAHARIAS 8 2 2 S 263.06 $ 284.00 $ 344.00 $ 390.66
PARK
BEST YEARS 10 1 1 $ $2.27 $ 89.00 $ 121.00 $ 122.09
CNTR
BLDG 10 1 1 = 82.27 $ 89.00 $ 121.00 $ 122.09
SERVICES
CHARLTON
POLLARD 4 1 1 $ 32.88 $ 42.00 $ 69.00 $ 48.83
PARK
CITY HALL 10 1 3 24M $ 28600 $ 288.0(? $ 366.24
CIVIC CENTER 10 3 4 967.24 $ 1066.00 $ 1,110.00 $ 1,464.96
COLLIER 10 1 1 $ 82.27 $ 89.00 $ 121.00 $ 122.09
FERRY PARK
FIRE 4 1 1 i 3236 $ 42.00 $ 69.00 $ 48.83
HDQIADMIN
FIRE STA 81 4 2 1 s S 84.00 $ 138.00 $ 97.66
HEALTH DEPT 10 2 1 $ 164J4 $ 178.00 $ 242.00 $ 244.18
IMAGINATION 8 1 2 $ 131.53 $ 142.00 $ 172.00 $ 195.33
STATION
J.P.
RICHARDSON 4 1 1 $ 32.88 $ 42.00 $ 69.00 $ 48.83
BLDG
NORTH END 8 1 2 i 131.53 $ 142.00 $ 172.00 $ 195.33
COMM CENTER
MUNI COURT 10 1 1 $ 8237 $ 89.00 $ 121.00 $ 122.09
PARKS 10 1 1 $ 82.27 $ 89.00 $ 121.00 $ 122.09
OPERATIONS
POLICE STA 8 1 3 $ WAS $ 213.00 $ 246.00 $ 292.99
PD FAMILY 2 1 1 i 16.44 $ 30.00 $ 55.00 $ 24.42
VIOLANCE
PD NARCOTICS 8 1 1 $ 86.76 $ 71.00 $ 99.00 $ 97.66
SSO
PRU'ITT ACTVY 10 1 2 $ 184.54 $ 178.00 $ 203.00 $ 244.54
CNTR
ROGERS PARK 8 1 4 $ 263.28 $ 284.00 $ 319.00 $ 390.65
SPROTT PARK 8 1 2 $ 131.83 $ 14200 $ 17200 $ 195.33
TENNIS 6 1 1 $ 49.32 $ 53.00 $ 85.00 $ 73.24
CENTER
TYRRELL PARK 10 2 2 $ 329A8 $ 355.00 $ 406.00 $ 489.08
SIGN SHOP 8 2 1 $ 131m $ 14200 $ 196.00 $ 195.32
CVB 6 1 1 4 E $ 53.00 $ $5.00 $ 73.24
FLEET MGT 4 1 2 8i. $ 84.00 $ 122.00 $ 97.66
FLEET FIRE 2 1 2 # 32.88 $ 60.00 $ 96.00 $ 48.83
HOMBERG 6 1 1 $ 49.32 $ 53.00 $ 85.00 $ 73.24
GOLF COURSE
WATER UTiL 8 1 2 : 131.53 $ 142.00 $ 172.00 $ 195.33
WATER PROD 10 1 1 am $ 89.00 $ 121.00 $ 122.09
EVENT 10 2 4 s 650.16 $ 710.00 $ 740.00 $ 978.64
CENTER
HOTEL 8 1 1 = 83.75 $ 71.00 $ 99.00 $ 97.86
BEAUMONT
FLEET Mi0JNT 1 2 1 1 3 $ 30.00 $ 55.00 $ 24.42
_ Re: Agenda Item 7/9 - Trash Coilealon Q
_ ,.1 LAURA CLARK to: ROBERT HOLLAR 07/02/2013 10:38
F,om: !AURA CLARK/CITYBUT
To: ROBERT HOLLAR/CITYBMT*CrTYBMT
Bids were requested and received from four (4) vendors who provide this
service in the Beaumont area. Low conforming bid of $66,523.20 was received
from Progressive Waste Solutions, Inc.
See change above and please make this the second paragraph rather than first.
Laura Clark, CPA
Chief Financial Officer
City of Beaumont
(409) 880-3115
(409) 880-3132 fax
The information contained in this transmission may contain privileged and
confidential information. It is intended only for the use of the person(s)
named above. If you are not the intended recipient, you are hereby notified
that any review, dissemination, distribution, or duplication of this
communication is strictly prohibited.
-----ROBERT HOLLAR/CITYBMT@CITYBMT wrote: -----
To: LAURA CLARK/CITYBMT @CITYBMT, TODD SIMONEAUX/CITYBMT @CITYBMT
From: ROBERT HOLLAR/CITYBMT @CITYBMT
Date: 07/01/2013 03:26PM
Cc: PATRICK BARDWELL/CITYBMT @CITYBMT
Subject: Agenda Item 7/9 - Trash Collection
Bob Hollar
Buyer-Purchasing Division
409.880.3758
409.880.3747 (Fax)
rhollar @ci.beaumont.tx.us
[attachment(s) BF0613-16_COU.doc removed by LAURA CLARK/CITYBMT]
RESOLUTION NO.
WHEREAS, bids were solicited for an annual contract for container and solid waste
collections; and,
WHEREAS, Progressive Waste Solutions, Inc., of Kountz, Texas, submitted a bid
in the amount of$66,523.20; and,
WHEREAS, City Council is of the opinion that the bid submitted by Progressive
Waste Solutions, Inc. should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the bid submitted by Progressive Waste Solutions, Inc., of Kountz, Texas, in
the amount of$66,523.20 for container and solid waste collections be accepted by the City
of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of July,
2013.
- Mayor Becky Ames -
B
RICH WITH OPPORTUNITY
BEAUN01*
T - E - X e A - e City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: July 9, 2013
REQUESTED ACTION: Council consider a resolution approving the award of an
annual contract to Tyler Uniform, Inc., of Tyler, Texas in
the estimated amount of$24,490.00 and to GT Distributors,
Inc., of Austin, Texas in the estimated amount of$3,961.80
for the purchase of uniforms for use by the Fire
Department.
BACKGROUND
Bids were requested from six(6)vendors, and responses received from four(4)vendors, for the
purchase of Nomex station uniforms, officer uniforms, and miscellaneous clothing for use by the
Fire Department. Tyler Uniform, Inc., was the lowest conforming bid on two(2)of the three(3)
bid sections. GT Distributors, Inc., was the lowest bid on the second section. Both vendors have
successfully held portions of this and other contracts in prior years.
FUNDING SOURCE
General Fund.
RECOAC14ENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, bids were solicited for an annual contract to furnish Nomex uniforms,
Fire Officer uniforms and miscellaneous clothing for the Fire Department; and,
WHEREAS, Tyler Uniform, Inc.,of Tyler,Texas,submitted a bid for Nomex uniforms
and miscellaneous clothing for the Fire Department in the estimated amount of$24,490.00
in the unit amounts shown on Exhibit 'A" attached hereto; and,
WHEREAS, GT Distributors, Inc., of Austin, Texas, submitted a bid for Fire Officer
uniforms in the estimated amount of$3,961.80 in the unit amounts shown on Exhibit
attached hereto; and,
WHEREAS, City Council is of the opinion that the bid submitted by Tyler Uniforms,
Inc., of Tyler, Texas, for Normex uniforms and miscellaneous clothing for the Fire
Department and the bid submitted by GT Distributors, Inc., of Austin,Texas,for Fire Officer
uniforms 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 Tyler Uniform, Inc., of Tyler, Texas, for an annual
contract to furnish Nomex uniforms and miscellaneous clothing for the Fire Department for
an estimated cost of$24,490.00 in the unit amounts shown in Exhibit"A" be accepted by
the City of Beaumont; and,
BE IT ALSO RESOLVED THAT the bid submitted by GT Distributors, Inc., of Austin,
Texas, for an annual contract to furnish Fire Officer uniforms for an estimated cost of
$3,961.80 in the unit amounts shown in Exhibit"A" be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of July,
2013.
- Mayor Becky Ames -
uea warm•..aaroamv
4EAUMONW.
T • s • : • a • s
Bid Name: Annual Contract for Fire Department Uniforms
Bid Number: BF0613-17
Bid Opening: Thursday,June 27,2013
Contact Person:Robert(Bob)Hollar,Buyer II
rhollarAci.beaumont.tx.us
Phone:409-880-3758
SECTION 1-NOMEX UNIFORMS
Vendor Lonestar Uniforms Man 's Safety Apparel] GT Distributors T ler Uniform Code Blue
%For Extended %For Extended %For Extended %For Extended %For Extended
Oversize Unit Price Oversize Unit Price Oversize Unit Price Oversize Unit Price Oversize Unit Price
Qty Desc Price Price Price Price Price
100 Men's Short Sleeve Shirt 20% $ 99.00 $9,900.0 25% $ 89.50 $ 8,950.00 25% S 122.97 $12,297.00 25% $ 89.00 $8,900.00 No Bid $
Worlaite 70ONX45 ONLY
10 Men's Long Sleeve Shirt 20% $ 115.00 $1,150.00 25% $ 104.50 $ 1,045.00 25% $ 143.43 $1,434.30 25% S 104.00 $1,040.00 No Bid $
Worlaite 705NX-45 ONLY
10 Women's Short Sleeve Shirt 20% $ 99.00 $ 990.00 25% $ 89.50 S 895.00 25% $ 122.97 $1,229.70 25% $ 89.00 $ 890.00 No Bid $
Worlaite 40ONX-75 ONLY
10 Womens Long Sleeve Shirt 20% $ 115.00 $1,150.00 25% $ 104.50 $ 1,045.00 25% $ 143.43 $1,434.30 25% $ 104.00 $1,040.00 No Bid $
Worlvite 706NX-45 ONLY
100 Men's Trouser Worinite 20% $ 106.00 $10,600.00 25% $ 96.50 $ 9,650.00 25% $ 129.33 $12,933.00 25% $ 96.00 $9,600.00 No Bid $
140ONX-75 ONLY
10 Women's Trouser Worlaite 20% $ 106.00 $1,060.00 25% $ 96.50 $ 965.00 25% $ 129.33 $1,293.30 25% $ 96.00 $ 960.00 No Bid S
1401nx-75 ONLY
TOTAL SECTION 1: $24,850.00 TOTAL SECTION 1: $22,550.001 TOTAL SECTION 1: $30,621.601 TOTAL SECTION 1: $22,430.00 TOTAL SECTION 1: $0,000.00 Q
SECTION 2-OFFICER UNIFORMS m
%For Extended %For Extended %For Extended %For Extended %For Extended Desc Desc Oversize Unit Price Price Oversize Unit Price Price
Oversize Unit Price Price Oversize Unit Price Price Oversize Unit Price Price Qty
40 Male Officer Dress Trouser
Elbeco#E8941 ONLY 10% $ 41.00 $1,640.00 NO BID 15% $ 36.24 $1,449.60 no bid $ no $ 44.38 $1,775.20 W
Male Long Sleeve Uniform
20 Shirt Elbeco Paragon Plus 10% $ 30.00 $ 600.00 NO BID 20% $ 29.26 S 585.20 no bid $ na $ 42.08 $ 841.60
#P877-3 ONLY
Male Short Sleeve Uniform
40 Shirt Elbeco Paragon Plus 10% $ 26.00 $1,040.00 NO BID 20% $ 25.44 $1,017.60 no bid $ na $ 37.08 $1,483.20
#P867-3
10 Female Long Sleeve Uniform 10% $ 30.00 $ 300.00 NO BID 15% $ 29.26 $ 292.60 no bid $ na $ 42.08 $ 420.80
Shirt Elbeco Paragon Plus
0801-3 ONLY
10 Female Short Sleeve Uniform 10% $ 26.00 $ 260.00 NO BID 200% $ 25.44 $ 254.40 no bid $ na $ 37.08 $ 370.80
Shirt Elbeco Paragon Plus
#P811-3 ONLY
Female Officer Dress
10 Trouser Elbeco#E8945LC 10% $ 41.00 $ 410.00 NO BID 15% S 36.24 S 362.40 no bid $ na $ 44.38 $ 443.80
ONLY
TOTAL SECTION 2: $4,250.00 1 TOTAL SECTION 2: $0,000.00 1 TOTAL SECTION 2: $3,%1.80 TOTAL SECTION 2: $0,000.00 1 TOTAL SECTION 2: $5,335.40
SECTION 3-MISCELLANEOUS CLOTHING
Vendor Lonestar Uniforms Man 's Safetv Apparel] GT Distributors T er Uniform Code Blue
%For Exuded %For Extended %For Extended %For Extended %For Extended
Qty Desc Oversize Unit Price Price Oversize Unit Price Price Oversize Unit Price Price Oversize Unit Price Price Oversize Unit Price Price
10 WORKRITE Style 475nx75 20% $ 157.00 $1,570.00 25% $ 144.50 $ 1,445.00 25% $ 191.63 $1,916.30 25% $ 142.00 $1,420.00 No Bid $ -
men's Nomex Rescue Pants
10 Propper F5243-50 Men's 10% $ 36.00 $ 360.00 25% $ 55.00 $ 550.00 na $ 31.87 $ 318.70 na S 32.00 $ 320.00 na $ 39.83
$ 398.30
h&Nwight tactical Pants
Propper F5249-50 Women s
10 lightweight Tactical Pants 10% $ 36.00 $ 360.00 25% $ 55.00 S 550.00 na S 31.87 $ 318.70 na $ 32.00 $ 320.00 na $ 39.8d3:
$ 398.30
10 TOTAL SECTION 3: $2,290.00 TOTAL SECTION 3: $2 545.00 TOTAL SECTION 3: $2,553.70 TOTAL SECTION 3: $2,060.00 TOTAL SECTION $ 796.60
TOTAL BID 1$31 390.00 $25 095.00 1 1$37,137.10 1 1$24,490.00 1 S6 132.00
RICH WITH OPPORTUNITY
REAUMON*
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Bart Bartkowiak, Chief Technology Officer
MEETING DATE: July 9, 2013
REQUESTED ACTION: Council consider a resolution authorizing the City Manager
to enter into an Agreement with Lamar University for
Programming Services.
BACKGROUND
In 2005 the Texas Legislature passed legislation enacting a new Chapter 66 to the Texas Utilities
Code, authorizing a state-issued certificate of franchise authority for cable and video providers.
Within Chapter 66 it specifies that the operation of public, educational and governmental (PEG)
access channels for noncommercial programming shall be the responsibility of the municipality
receiving the benefit of such channel.
Currently the City of Beaumont operates the governmental PEG channel and for a number of years
Lamar University has operated the educational PEG channel. However, there has never been an
agreement in place regarding the operation of the educational PEG channel. The Agreement for
Programming Services documents the conditions under which Lamar University will operate the
educational PEG channel for the City of Beaumont.
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 is hereby authorized to execute an Agreement for Programming
Services between the City of Beaumont and Lamar University for operation of the public,
educational, and government (PEG) channel. The agreement 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 9th day of July,
2013.
- Mayor Becky Ames -
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
1. PARTIES
A. Address
THIS AGREEMENT FOR PROGRAMMING SERVICES ("Agreement") is made
on the Countersignature Date between the City of Beaumont, Texas ("City'), a
municipal corporation, and LAMAR UNIVERSITY ("Contractor"), a member of the Texas
State University System.
The initial addresses of the parties, which one party may change by giving written
notice to the other party, are as follows:
City of Beaumont Contractor
City Manager Lamar University
City of Beaumont Dr. Russ A. Schultz, Dean
P. O. Box 3827 College of Fine Arts & Communication
Beaumont, Texas 77704 P.O. Box 10003
Phone: 409-880-3715 Beaumont, TX 77710
With a copy to:
Lamar University
W. Mike Spears, CTCM
Contract Administrator
P.O. Box 10003
Beaumont, TX 77710
II. DEFINITIONS
As used in this Agreement, the following terms have the meanings set out below:
"Agreement means this contract between the Parties, including all exhibits and
any written amendments authorized by City Council and Contractor.
Page 1 of 18
EXHIBIT `A"
"City' is defined in the preamble of this Agreement and includes its successors
and assigns.
"City Manager"means the City Manager of the City of Beaumont or the person
he or she designates.
"Contract Term" means the period commencing on the Effective Date and ending
one year thereafter or on the last day of the ninth renewal year, whichever is later.
"Contract Year"means each twelve-month period commencing on either the
Effective Date or any anniversary of the Effective Date during the Contract Term.
"Contractor" is defined in the preamble of this Agreement and includes its
successors and assigns.
Countersignature Date means the date shown as the date countersigned on the
signature page of this Agreement.
"Documents" mean notes, manuals, notebooks, plans, computations, databases,
tabulations, exhibits, reports, underlying data, charts, analyses, maps, letters, models,
forms, photographs, the original tracings of all drawings and plans, and other work
products (and any modifications or improvements to them) that Contractor prepares or
provides under this Agreement.
"Education Access Programming" means the services to be provided by
Contractor relating to the Education Channel as more fully described in this Agreement,
including, without limitation, those services described in Article III below.
"Effective Date" means the counter signature date.
"LUTV Channel" means one PEG Channel assigned to the City to Contractor for
operation and management by Contractor pursuant to the terms hereof.
Page 2 of 18
"Parties" mean all the entities set out in the Preamble who are bound by this
Agreement.
"PEG Channels" means the channel space for the carriage of public, educational
and government access programming required by law to be provided by the City's cable
television franchises.
111. DUTIES OF CONTRACTOR
A. Scope of Services
(1) Scope, nenerallY, Contractor shall manage and operate the
functions and activities involved in developing, producing and providing
Educational Access Programming, particularly post-secondary programming and
general community interest programming geared towards education. Such terms
shall include all services and facilities reasonably necessary to:
(a) Manage and operate the LUTV Channel and
associated facilities.
(b) Provide a means of production and delivery of Educational
Access Programming for the LUTV Channel to cable systems.
(c) Provide all programming, facilities, equipment, materials and
personnel necessary to fulfill Contractor's obligations under this
Agreement.
(d) Implement internal, financial and operating controls to
ensure efficient use of all funds and other resources provided hereunder,
including channel space.
Page 3 of 18
(e) Support the receipt of grants and donations to augment
funding.
(2) Development of access strategies. As further to be provided
hereunder, Contractor shall develop and implement strategies to achieve the
following goals and objectives:
(a) to ensure that top quality Educational Access Programming
is available that reflects the activities, culture, concerns and interests of
the citizens of the City and promotes education, information and
understanding within the community;
(b) to involve the community in the development and production
of Educational Access Programming; and
(c) to improve the viewership of public access programming by
improving the quality of Educational Access Programming.
(3) Policies and procedures. In connection with the performance of
its obligations hereunder, Contractor shall establish, implement and enforce
quality control and other procedures for programming consistent with the Policies
and Procedures contained in Exhibit A hereto. Educational Access Programming
must be consistent with the goals, objectives and the scope of services stated in
this Agreement throughout the Contract Term.
(4) Use of access facilities for personal purposes. Contractor, its
board members, officers or employees shall not engage in programming or other
activities that use resources provided hereunder, including channel space, for
Page 4 of 18
personal gain or to otherwise promote the personal interests of those individuals
not consistent with the goals and objectives described herein.
B. Reports and Records
(1) Rules, regulations and policies. Contractor shall, within 60 days
of the approval of this Agreement by the City Council, provide the City with a
complete copy of all of Contractor's rules, regulations and policies relating to the
subject matter of this Agreement. Contractor shall provide the City with a copy of
any changes to such rules, regulations and policies within ten (10) days of their
adoption.
(2) Reports.
Within 60 days of the end of each year of this Agreement, Contractor shall
provide to the City a written annual report. The annual report shall consist of a
summary of activities relating to the City's goals and objectives for educational
access programming.
A final report comprised of all items in Section B(3) since the last annual
report to the end of the final Contract year above shall be submitted no more
than 60 days after the end of the Term and shall also include a summary of the
entire Term. The report shall include a sample daily programming schedule for
one (1)week of the year.
(3) Miscellaneous reporting. Contractor shall promptly report to the
City in writing any conditions, transactions, situations or circumstances of which
Contractor is aware that would impede or impair the proper and timely
performance of this Agreement.
Page 5 of 18
(4) Performance review. To assure that Contractor is complying with
the terms of this Agreement, the City shall conduct a review of Contractor's
performance under this Agreement upon completion of the first Contract Year. If
the City finds that Contractor is not in material compliance with all provisions of
this Agreement, the City shall notify Contractor in writing of all deficiencies.
Contractor shall have 30 days to cure any such deficiencies, unless the City
provides otherwise. If Contractor does not cure all deficiencies in a timely
manner to the satisfaction of the City, the City shall commence action to
terminate this Agreement pursuant to Article V below.
C. RELEASE
TO THE EXTENT PERMITTED BY LAW, THE PARTIES AGREE TO RELEASE
EACH OTHER, THEIR GOVERNING BOARD, AGENTS, EMPLOYEES, OFFICERS,
AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR INJURY, DEATH,
DAMAGE, OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION
WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT.
D. Insurance
Unless Contractor is self-insured pursuant to Chapter 2259 of the Texas
Government Code, to self insure Contractor shall maintain in effect certain insurance
coverage, which is described as follows:
(1) Risks and Limits of Liability. Contractor shall maintain the
following coverages and limits of liability:
Page 6 of 18
(Coverage) Limit
Automobile Liability $1,000,000
Includes Hired/Non-Owned
Liability
Medical Payments Not Covered
Includes Broad Form Auto
Uninsured/Underinsured Not Covered
Physical Damage-
Comprehensive $500
Physical Damage-Collision $500
(2) Issuers of Policies. The issuer of any policy(1) shall have a
Certificate of Authority to transact insurance business in Texas or(2) shall be an
eligible non-admitted insurer in the State of Texas and have a Best's rating of at
least B+ and a Best's Financial Size Category of Class VI or better, according to
the most current edition of Best's Key Rating Guide.
(3 Insured Parties. Each policy, except those for Workers'
Compensation, Employer's Liability, and Professional Liability, must name the
City(and its officers, agents, and employees) as Additional Insured parties on the
original policy and all renewals or replacements.
(4) Deductibles. Contractor shall be responsible for and pay any claims or
losses to the extent of any deductible amounts and waives any claim it may have
for the same against the City, its officers, agents, or employees.
Page 7 of 18
AO
(5) Cancellation. Each policy must state that it may not be cancelled,
materially modified, or non-renewed unless the insurance company gives the City
thirty(30) days' advance written notice. Contractor shall give written notice to the
City within five (5) days of the date on which total claims by any party against
Contractor reduce the aggregate amount of coverage below the amounts
required by this Agreement. In the alternative, the policy may contain an
endorsement establishing a policy aggregate for the particular project or location
subject to this Agreement.
(6) Subrogation. Each policy must contain an endorsement to the
effect that the issuer waives any claim or right of subrogation to recover against
the City, its officers, agents or employees.
(7) Endorsement of Primary Insurance. Each policy, except
Workers' Compensation and Professional Liability, if any, must contain an
endorsement that the policy is primary to any other insurance available to the
Additional Insured with respect to claims arising under this Agreement.
(8) Liability for Premium. Contractor shall pay all insurance
premiums and the City shall not be obligated to pay any premiums.
(9) Subcontractors. Contractor shall require all subcontractors
providing services pursuant to this Agreement to cant' insurance naming the City
as an additional insured and meeting all of the above requirements except
amount. The amount must be commensurate with the amount of the
subcontract, but in no case less that $500,000 per occurrence. Contractor shall
provide copies of insurance certificates to the City.
Page 8 of 18
(10) Proof of Insurance.
(a) On the Effective Date and at any time during the term of this
Agreement Contractor shall furnish the City with certified copies of
Contractor's actual insurance policies.
(b) Contractor shall continuously and without interruption
maintain in force the required insurance coverages specked in this Section. If
Contractor does not comply with this requirement, the City Manager, at his or her
sole discretion, may immediately suspend Contractor from any further
performance under this Agreement and begin procedures to terminate for default.
The City shall never waive or be estopped to assert its right to terminate
this Agreement because of its acts or omissions regarding its review of insurance
documents.
(11) Other Insurance. If requested by the City, Contractor shall furnish
adequate evidence of Social Security and Unemployment Compensation
Insurance, to the extent applicable to Contractor's operations under this
Agreement.
E. Self Insurance.
As an altemative, Contractor may insure the above coverages under a plan of
self-insurance, subject to the restrictions set forth in this Section. On the
Countersignature Date and at any time during the Term of this Agreement, Contractor
must submit copies of its certificates of motor vehicle self-insurance from the Texas
Department of Public Safety and its most recent audited financial statement showing
Page 9 of 18
self-insurance reserves or other assets sufficient to Y a judgments m
q
ents a ual to the limits
p 9
set forth above. Contractor shall also provide to the City documentation evidencing its
process of reviewing and paying claims. Contractor's self-insurance must protect the
City to the same extent as an additional insured on a policy issued by an insurance
company. If Contractor's self-insurance program ceases or Contractor's assets or
reserves are no longer sufficient to be adequate to meet required coverages, Contractor
shall immediately notify the City of the lapse of coverages, and Contractor shall then
obtain commercial insurance in accordance with the above requirements within ten (10)
days of written notice from the City.
F. Maintenance of Records
At all times during the term of this Agreement and for five (5) years thereafter, the
City shall have access to all books and records of Contractor related to the performance
of this Agreement and may conduct any audit of such books and records as may be
deemed necessary and proper by the City. Contractor shall make all information related
to this Agreement available in Beaumont, Texas, to the City upon request.
G. License and Permits
Contractor shall obtain and pay for all licenses, permits and certificates required
by any statute, ordinance, rule or regulation of any regulatory body having jurisdiction
over the conduct of Contractor's operations and performance hereunder.
IV. CONSIDERATION.
Neither party shall receive, from the other, monetary compensation for services
supplied hereunder, the consideration for this Agreement being the mutual benefits to
Page 10 of 18
be received by the parties hereto and the citizens of the City and Contractor as a result
hereof.
V. TERM AND TERMINATION
A. Contract Term
This Agreement is effective on the Countersignature Date and remains in effect
for five (5)years, unless sooner terminated under this Agreement. If a written request
for renewal is made at least thirty(30) days before expiration of the then-current term,
then upon expiration of the initial term, this Agreement is renewed for five (5)
successive one-year terms upon the same terms and conditions.
B. Default and Termination
(1) The City may terminate this Agreement in the event of a default by
Contractor should Contractor fail to cure such default within thirty(30) days of
receiving written notice of default from the City.
(2) Default may result from Contractor's failure to perform under the
terms of the Agreement or from Contractor becoming insolvent, having a
substantial portion of its assets seized for the benefit of creditors, or having a
receiver or trustee appointed. Termination of this Agreement shall not act to limit
the right of the City to any other remedy in law or otherwise. The City Attorney
shall have the right to enforce all legal rights and obligations under this
Agreement without further authorization. Contractor covenants to provide to the
City Attorney all documents and records that the City Attorney deems necessary
to assist in determining Contractor's compliance with this Agreement, with the
Page 11 of 18
exception of those documents made confidential by federal or state law or
regulation.
(3) Performance review. To assure that Contractor is complying with
the terms of this Agreement, the City shall conduct a review of Contractor's
performance under this Agreement upon completion of the first Contract Year. If
the City finds that Contractor is not in material compliance with all provisions of
this Agreement, the City shall notify Contractor in writing of all deficiencies.
Contractor shall have thirty(30) days to cure any such deficiencies, unless the
City provides otherwise. If Contractor does not cure all deficiencies in a timely
manner to the satisfaction of the City, the City shall commence action to
terminate this Agreement pursuant to Article V., Section B above.
VI. MISCELLANEOUS
A. Independent Contractor
Contractor shall perform its obligations under this Agreement as an independent
contractor and not as an agent or employee of the City.
B. Force Majeure
(1) Timely performance by both parties is essential to this Agreement.
However, neither party is liable for reasonable delays in performing its obligations
under this Agreement to the extent the delay is caused by Force Majeure that
directly impacts the City or Contractor. The event of Force Majeure may permit a
reasonable delay in performance but does not excuse a party's obligations to
complete performance under this Agreement. Force Majeure means: fires,
interruption of utility services, epidemics in the City, floods, hurricanes,
Page 12 of 18
41
tornadoes, ice storms and other natural disasters, explosions, war, terrorist acts
against the City or Contractor, riots, court orders, and the acts of superior
governmental or military authority, and which the affected party is unable to
prevent by the exercise of reasonable diligence. The term does not include any
changes in general economic conditions such as inflation, interest rates,
economic downturn or other factors of general application.
(2) This relief is not applicable unless the affected party does the
following:
(a) uses due diligence to remove the effects of the Force
Majeure as quickly as possible and to continue performance
notwithstanding the Force Majeure; and
(b) provides the other party with prompt written notice of the
cause and its anticipated effect.
(3) The City Manager will review claims that a Force Majeure that
directly impacts the City or Contractor has occurred and render a written decision
within fourteen (14) days. The decision of the City Manager is final.
(4) The City may perform contract functions itself or contract them out
during periods of Force Majeure. Such performance is not a default or breach of
this Agreement by the City.
(5) If the Force Majeure continues for more than ten (10) days from the
date performance is affected, the City may terminate this Agreement by giving
seven (7) days' written notice to Contractor. This termination is not a default or
breach of this Agreement. CONTRACTOR WAIVES ANY CLAIM IT MAY HAVE
Page 13 of 18
FOR FINANCIAL LOSSES OR OTHER DAMAGES RESULTING FROM THE
TERMINATION.
(6) Contractor is not relieved from performing its obligations under this
Agreement due to a strike or work slowdown of its employees. Contractor shall
employ only fully trained and qualified personnel during a strike.
C. Severability
If any part of this Agreement is for any reason found to be unenforceable, all
other parts remain enforceable unless the result materially prejudices either party.
D. Entire Agreement
This Agreement merges the prior negotiations and understandings of the parties
and embodies the entire agreement of the parties. No other agreements, assurances,
conditions, covenants (express or implied), or other terms of any kind, exist between the
parties regarding this Agreement.
E. Written Amendment
Unless otherwise specified elsewhere in this Agreement, this Agreement may be
amended only by written instrument executed on behalf of the City(by authority of the
City Council) and Contractor. The City Manager is only authorized to perform the
functions specifically delegated to him or her in this Agreement.
F. Applicable Laws
This Agreement is subject to the laws of the State of Texas, the City Charter and
Ordinances, the laws of the federal government of the United States, and all rules and
regulations of any regulatory body or officer having jurisdiction.
Venue for any litigation relating to this Agreement is Jefferson County, Texas.
Page 14 of 18
4t
G. Notices
All notices required or permitted by this Agreement must be in writing and are
deemed delivered on the earlier of the date actually received or the third day following:
(1) deposit in a United States Postal Service post office or receptacle; (2)with proper
postage (certified mail, return receipt requested); and (3)addressed to the other party at
the address set out in Article 1, A of this Agreement or at such other address as the
receiving party designates by proper written notice to the sending party.
H. Captions
Captions contained in this Agreement are for reference only, and, therefore, have
no effect in construing this Agreement. The captions are not restrictive of the subject
matter of any section in this Agreement.
I. Non-Waiver
If either party fails to require the other to perform a term of this Agreement, that
failure does not prevent the party from later enforcing that term or any other term. If
either party waives the other's breach of a term, that waiver does not waive a later
breach of this Agreement.
An approval by the City Manager, or by any other employee or agent of the City,
of any part of Contractor's performance does not waive compliance with this Agreement
or establish a standard of performance other than that required by this Agreement and
by law. The City Manager is not authorized to vary the terms of this Agreement.
J. Inspections and Audits
City representatives may have the right to perform, or have performed, (1) audits
of Contractor's books and records, related to this Agreement, and (2) inspections of all
Page 15 of 18
places where work is undertaken in connection with this Agreement. Contractor shall
keep its books and records available for this purpose for at least five (5) years after this
Agreement terminates. This provision does not affect the applicable statute of
limitations.
K. Enforcement
The City Attorney, or his or her designee, may enforce all legal rights and
obligations under this Agreement without further authorization. Contractor shall provide
the City Attorney all documents and records that the City Attorney requests to assist in
determining Contractor's compliance with this Agreement, with the exception of those
documents made confidential by federal or state law or regulation.
L. Ambiguities
If any term of this Agreement is ambiguous, it shall not be construed for or
against any party on the basis that the party did or did not write it.
M. Survival
Contractor shall remain obligated to the City under all clauses of this Agreement
that expressly or by their nature extend beyond the expiration or termination of this
Agreement.
N. Parties In Interest
This Agreement does not bestow any rights upon any third party, but binds and
benefits the City and Contractor only.
O. Successors and Assigns
This Agreement binds and benefits the Parties and their legal successors and
permitted assigns; however, this provision does not alter the restrictions on assignment
Page 16 of 18
and disposal of assets set out in the following paragraph. This Agreement does not
create any personal liability on the part of any officer or agent of the City or Contractor.
P. Assionment and Governance
(1) Contractor shall not assign this Agreement without prior written
consent of the City.
(2) Management and control of Contractor shall be vested solely in its
board of regents, and not in the City or its City Council. Such board of regents
shall have jurisdiction over and ultimate responsibility for all aspects of managing
and operating the function and activities involved in developing, producing and
providing Educational Access Programming; provided that nothing contained in
this Agreement shall prevent the board from delegating to its officers or
employees any powers or responsibilities not otherwise prohibited under its
bylaws, other than the making of policy. Contractor shall be solely responsible
for ensuring that the programming on the LUTV Channel complies with the terms
of this Agreement, and federal, state and local laws and for ensuring that the
programming achieves the goals and objectives set forth in this Agreement.
Q. Remedies Cumulative
Unless otherwise specified elsewhere in this Agreement, the rights and remedies
contained in this Agreement are not exclusive, but are cumulative of all rights and
remedies which exist now or in the future. Neither party may terminate its duties under
this Agreement except in accordance with its provisions.
Page 17 of 18
EXECUTED in duplicate originals this the day of , 2013.
CITY OF BEAUMONT
By:
Kyle Hayes, City Manager
Date:
LAMAR UNIVERSITY
By:
Dr. Cruse Melvin, Acting VP
Finance & Operations.
Date: ` �=� 3
Page 18 of 18
D
RICH WITH OPPORTUNITY
BEAUMON*
T • E • x • A - S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
0
PREPARED BY: Patrick Dona t,Public Works Director
MEETING DATE: July 9, 2013
REQUESTED ACTION: Council consider a resolution accepting maintenance of the
street, storm sewer, water and sanitary sewer improvements
in West Chase Village, Section Eleven Subdivision.
BACKGROUND
On May 17, 2013, a final inspection from all entities involved was completed on the following:
• Devonshire Drive approximately 312 feet extension east of existing Devonshire
Drive to OM-4P Dead End Roadway Markers.
• Weatherstone Circle approximately 374 feet north Devonshire Drive to cul-de-sac.
Recommended for approval are the storm sewer,water and sanitary sewer improvements for
West Chase Village, Section Eleven Subdivision right-of-way only.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
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WEST CHASE VILLAGE,
SECTION ELEVEN SUBDIVISION
RESOLUTION NO.
WHEREAS, construction of the streets, storm sewer, water and sanitary sewer
improvements constructed in West Chase Village, Section Eleven Subdivision have been
completed as follows:
Streets
• Devonshire Drive approximately 312 feet extension east of existing
Devonshire Drive to OM-4P Dead End Roadway Markers.
• Weatherstone Circle approximately 374 feet north of Devonshire Drive to cul-
de-sac.
Storm Sewer, Water and Sanitary Sewer improvements
• West Chase Village, Section Eleven Subdivision, right-of-way only.
and,
WHEREAS, the developers of said streets desire to have these improvements
accepted and maintained by the City; and,
WHEREAS, the director of the Public Works and Engineering Department has
determined that said improvements meet city standards and qualify for acceptance for
permanent maintenance, and the City Council is of the opinion that said improvements
should be accepted and maintained by the City of Beaumont;
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 above-referenced street, storm sewer, water and sanitary sewer
improvements in West Chase Village, Section Eleven Subdivision, with the exception of
streetlights, are hereby accepted by the City of Beaumont and shall be continuously
maintained by the City contingent upon filing of the final plat, complete with filings of
dedication of all rights-of-way and easements required on the preliminary and final plats
and installation of the streetlights.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of July,
2013.
- Mayor Becky Ames -
RICH WITH OPPORTUNITY
BEAUMON*
T • E • x - A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: James P. Singletary, Chief of Police
MEETING DATE: July 9, 2013
REQUESTED ACTION: Consider a resolution authorizing the City Manager to
apply for and receive funding through the Edward Byrne
Memorial Justice Assistance Grant program and to execute
an inter-local agreement with the City of Port Arthur and
Jefferson County in order to reallocate Justice Assistance
Grant funds.
BACKGROUND
The City of Beaumont has been awarded funding through the Edward Byrne Memorial Justice
Assistance Grant program for the past seven years. The funding has been used to upgrade
technology through the purchase of computer hardware and software, purchase additional officer
safety equipment and to fund several community policing programs. Due to Jefferson County
being designated a disparate jurisdiction by the Department of Justice, an inter-local agreement
must be filed with the joint application, and the agencies must agree to funding allocations prior
to application for funding. Total allocation for 2013 is $107,806.
FUNDING SOURCE
An additional $59,068 for law enforcement equipment at the Beaumont Police Department. The
remainder of the funds would be allocated to the Port Arthur Police Department($32,567) and
the Jefferson County Sheriff's Office ($16,171).No matching funds are required.
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 apply for and receive funding
for the City of Beaumont in the amount of $107,806 from the Edward Byrne Memorial
Justice Assistance Grant Program for law enforcement equipment and programs; and,
BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized
to execute an interlocal agreement to reallocate funds in the amounts of$32,567 to the
City of Port Arthur and $16,171 to Jefferson County.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of July,
2013.
- Mayor Becky Ames -
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BEAURu-"U'K*
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JULY 9,2013 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-4/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider a resolution terminating the current contract for grounds maintenance at
City Parks and Triangles with PCLC Landscape Management and awarding the
contract to Garden of Gethsemane Nursery and Landscaping of Beaumont
2. Consider a resolution approving a change order to the contract with McInnis
Construction,Inc. for renovations at the Beaumont Transit Bus Maintenance
Facility
3. Consider a resolution approving a change order to the contract with the Texas
Department of Transportation for the Concord Road Project
4. Consider a resolution authorizing a lease agreement with Dr. Donna Farrell,
Ph.D., LSSP LLC for the property located at 3455 Sarah Street,known as the L.L.
Melton Family Life Center
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment(Persons are limited to 3 minutes)
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
July 9,2013
Consider a resolution terminating the current contract for grounds maintenance at City Parks and
Triangles with PCLC Landscape Management and awarding the contract to Garden of
Gethsemane Nursery and Landscaping of Beaumont
RICH WITH OPPORTUNITY
BEAUMON*
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: July 9, 2013
REQUESTED ACTION: Council consider a resolution terminating the current
contract for grounds maintenance at City Parks and
Triangles with PCLC Landscape Management and
awarding the contract to Garden of Gethsemane Nursery
and Landscaping of Beaumont.
BACKGROUND
The purpose of the contract for grounds maintenance of City Parks and Triangles is to maintain
these City properties in an attractive, safe and usable condition for the enjoyment of citizens and
visitors. All scheduled work at the park locations is required to be performed during daylight
hours on Monday through Friday.
Council Resolution 12-211 awarded the contract to PCLC Landscape Management of Houston
on September 18, 2012. Parks and Purchasing personnel worked closely with PCLC during the
first three work cycles of the contract to clarify requirements and point out areas of performance
requiring improvement. Liquidated damages were assessed when deficiencies were not rectified
during the third work cycle.
Although PCLC performed acceptably during the longer work cycles of the non growing season
(December 1 to February 28) deficiencies again occurred when the growing season resumed.
Some parks and triangles were not being maintained at all during the work cycle and other
locations were not maintained according to specifications. If a park or triangle has not received
any service per specifications, the vendor receives no payment for that location. If a specific park
or triangle is not completed to specifications, liquidated damages can be assessed for that
location.
July 9, 2013
Page 2
Mowing City Parks and Triangles
According to contract, if the vendor is assessed two(2)liquidated damages or non-payment for
lack of performance within a twelve(12)month time frame the City may terminate the contract
with the vendor. The City has assessed liquidated damages or notice of non payment on five(5)
different occasions during the term of the current contract. During the work cycle of June 24
through June 28,the last full cycle prior to Independence Day, PCLC was found to have failed
to perform any work at twelve(12)parks and to be deficient on three(3)more.
On two(2)occasions, PCLC did not complete the specified work cycle in a timely manner and
asked for permission to work at specific parks on a Saturday or Sunday. Due to safety concerns
of lawn equipment being operated around large numbers of citizens and visitors utilizing the
park, City personnel denied this request. PCLC ignored the decision and performed work at
some locations on Saturday or Sunday without permission.
Garden of Gethsemane Nursery and Landscaping is the next lowest, responsible bidder. This
bidder has successfully provided services for this contract in the past. Bidder is willing to
provide services at the pricing that was submitted on their original bid. The cost of an annual
contract will be approximately$217,002. A copy of the bid tab is attached.
FUNDING SOURCE
General Fund,
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, on September 18, 2012, the City Council of the City of Beaumont,
Texas, passed Resolution No. 12-211 awarding a contract to PCLC Landscape
Management, of Houston, Texas, in the total contract amount of$169,767 for an annual
contract, with two one-year optional extension available, for grounds maintenance of City
parks and triangles Section I, II, II and IV; and,
WHEREAS, the contract stipulates that the City may terminate the contract with the
vendor if the vendor is assessed two (2) liquidated damages or non-payment for lack of
performance within a twelve (12) month time frame; and,
WHEREAS, PCLC Landscape Management has been assessed liquidated
damages or notice of non payment on five (5) different occasions for failure to perform
work during the term of the current contract; and,
WHEREAS, City Council is of the opinion that the current contract with PCLC
Landscape Management should be terminated and the remainder of the current contract,
with two one-year optional extensions available,awarded to the next lowest bidder, Garden
of Gethsemane Nursery and Landscaping, of Beaumont, Texas, in the original estimated
amount of $41,928 for Section I, an original estimated amount of$29,076 for Section II,
an original estimated amount of$89,244 for Section III and an original estimated amount
of $56,754 for Section IV, for a total original contract amount of $217,002, as shown on
Exhibit "A," attached hereto;
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
I
all things, approved and adopted; and,
THAT the current contract with PCLC Landscape Management,of Houston,Texas,
for grounds maintenance of City parks and triangles geographically divided into Sections
I, 11, 111 and IV is hereby terminated and the remainder of the contract, with two one-year
optional extensions available, is awarded to Garden of Gethsemane Nursery and
Landscaping,of Beaumont, Texas, in the original estimated amount of$41,928 for Section
I, an original estimated amount of$29,076 for Section II, an original estimated amount of
$89,244 for Section III and an original estimated amount of$$56,754 for Section IV, for a
total original contract amount of$217,002, as shown on Exhibit"A," attached hereto; and;
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a contract with Garden of Gethsemane Nursery & Landscaping, of
Beaumont, Texas, for the purposes described herein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of July,
2013.
- Mayor Becky Ames -
Y�V� CITY OF BEAUMONT,BEAUMONT,TEXAS
Y
u� PURCHASING DIVISION BID TABULATION
Bid Name: Grounds Maintenance for City Parks and Triangles
Bid Number. MF0712-51
Bid Opening: Thursday,August 30,2012 2:00 P.M.
Contact Person: Sara Parker,Buyer III
sparkerQd.beaumont.b(ms
Phone: 4094MO-3757
*Budget Cub Lawn 3 PCLC Landscape Garden of Gethwmarn Hydrozons Landscape
Vendor Janitorial Service Management Nursery&Landscaping LLC Corporation
/Stab � ,TX Houston,TX eetumorrt TX Beytown,TX
Section I. 525,370.40 535,160.00 $41,928.00 $120,294.00
Section II. $17,528.40 $24,420.00 $29,076.00 $57,474.00
Section III. $43,340.80 557,537.00 $89,244.00 $140,910.00
Section IV. $28,893.00 $52,650.00 $56,754.00 $98,742.00
TOTAL 5115,132.60 $169,767.00 $217,002.00 $417,420.00
GuH Coast L8L Unhrsrsal Lawn Caro Sandra's Enterprises,Inc
Vendor
I Stab Beaumont,TX Nederland,TX Port Arthur,TX d
X
W
Section I. $101,520.00 $221,754.48 $214,779.00
Section 11. 594,200.00 $125,874.00 $81,720.00
Section Ill. 5225,450.00 $311,883.60 5230,196.00
Section IV. $202,365.001 $217,086.001 5120,453.75
TOTAL $623,535.00 5876,598.08 $647,148.75
*Bid did not meet specifications.
Contract awarded to PCLC Landscape Management
2
July 9,2013
Consider a resolution approving a change order to the contract with McInnis Construction, Inc. for
renovations at the Beaumont Transit Bus Maintenance Facility
RICH WITH OPPORTUNITY
BEAUNU*"'N*
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes,City Manager
PREPARED BY: Patrick Do ryPublic Works Director
MEETING DATE: July 9,2013
REQUESTED ACTION: Council consider a resolution approving a change order to
the contract with McInnis Construction,Inc. in the amount
of$48,600 for renovations at the Beaumont Transit Bus
Maintenance Facility.
BACKGROUND
A contract in the amount of$302,260 was awarded to McInnis Construction,Inc. on April 16,
2013.
Change Order No. 1 includes additional work to provide ADA compliant upgrades to the facility
including enlarged doors and accessible door hardware,accessible cabinetry in the break room
and plumbing fixtures in restrooms,accessible sidewalk connections,and new stripping and
parking lot signage.
A Contingency Allowance of$20,000 will be utilized for a portion of the total cost of Change
Order No. 1. The balance of the cost of additional work is$28,600,which will increase the total
contract amount to$330,860.
Included in Change Order No. 1 is the request for an additional twenty(20)days in order to
complete the additional work,thereby extending the contract term to August 23,2013.
FUNDING SOURCE
The American Recovery and Reinvestment Act grant is funding this project.
RECOMMENDATION
Approval of resolution.
OWNER'S
Document G7011~ - 2001
Change Order
PROJECT CHANGE ORDER NUMBER:001 OWNER:
BEAUMOI±IT"R.4NS $ DATE:June 20,2013
1►fAIIVTEN F SERVICE ARCHITECT:
BAY
REs01� CONTRACTOR:
5S6 MIDI
BEAUMIINrEX 7701 FIELD:❑
TO a aatess): ARCHITECT'S PROJECT NUMBER:1294 OTHER:❑
MC�: O C. CONTRACT DATE:April 18,2013
675=50 ?!T Ff> $ CONTRACT FOR:General Construction
$'ItS$EE,TEAS 766
Ti* CO"W 1 :" , 3FOLLOVYS:
isputed amount attributable to previously executed Construction Change Diretives)
Colnplde'Ik)clr as noted on revised issued floor plan,including:
1.Enlareed dtxartil ble door hardware on al l doors,
2.R n laai '> '
cp g phrm ' ' �rri.114 and 115 restrooms for accessible single occupancy,
3.New attible m room,
4.ktspatt>1blansls illt !ace areas except paint shop,
5. netesitdew��`prsrble connection between office and service area and intersecting walkway,
6.Nbw acegible at staff/visitor parking,
7.New parking lck siglttage.
Total Cost 146,000.00
Dedpct Conte 11 lmoe -20,000.00,
Subtotal 126,000.00
Add 10°/.OHO 2,600.00
Total Chan8e this Change Order 128,600.00
'Ilse anginal Contract irrrl was $ 302,260.00
The nd change by p , orized Change Orders s 0.00
The Contract m s Order was $ 302,260.00
7
The:Contract um wt�111e this Change Order in the amount of $ 28,600.00
The new Cow Sum i 4iis Chats Order will be
8e $ 330,860.00
The Contr110* be increased by twenty(20)days.
The date of fii1616t1n&I aCompletion as of the date of this Change Order therefore is
NOTE:This Change Oiler does not include changes in the Contract Sum,Contract Time or Guaranteed Maximum Price which have
been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and
Contractor,-ut [tah case a Change Order is executed to supersede the Construction Change Directive..
AIA Docwnerrt QM=—2001.Copyri9K m 1979,1987,2000 and 2001 by The American Instidrte of Andhkoct&AN °
Document is probded try U.S.CogyrlpM Law and trNematkKW TnWies.UnautlwrWd ��reserved. This any
reprodudbn a distribution of this AIA°Document,or any 1
portion of it,ray result in seven dvfl and criminal penalties,and will be pnXNMAsd to the maximum extent possNe under the low.This document was
produced by AIA software at 09:59:17 on 06202013 under Order No.0758521404 1 which expires on 08129@013,and is not for resale.
User Notes: (1448046647)
NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER.
-011-0 0ttral Alliance Incorporated McInnis Construction,Inc. City of Beaumont
ARCH�CT(Firm name) CONTRACTOR Erna name) OWNER arm name)
350 Pine'Street - Suite 720 675 South 40 Street P.O.Box 3827
Beaumont,TX 77701 Silsbee,TX 77656 Beaumont,TX 77701
ADM ` ADDRESS
Y atu " B afore) BY(Signature)
ob Clark Ricky McInnis Kyle Hayes
Mped nas! / (Typed name) (Typed name)
DATE DATE DATE
AIA Document G70170—2001.Copyright O 1979,1987,2000 and 2001 by The American knetihte of AmhkKte.All
Docunont is protected by U.S.CopyrigM Law and IrdernaMonal Trestles.Unauthorized ��reserved WARNING:This aA°
reproduction or detributlon of the A[As Docuarent,or any 2
portion of k,may result In severs dvlt and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was
produced by software at 09:59:17 on 0 82 0120 1 3 under Order No.0758521404 1 which expires on 08/19/2013,and Is not for resale.
User Notes: (1448046647)
RESOLUTION NO.
WHEREAS, on April 16, 2013, the City Council of the City of Beaumont, Texas,
passed Resolution No. 13-087 awarding a contract in the amount of$302,260 to McInnis
Construction, of Silsbee, Texas, for renovation to the Beaumont Transit bus service bays;
and,
WHEREAS, proposed Change Order No. 1, in the amount of$48,600, is required
for additional work to provide ADA compliant upgrades to the facility; and,
WHEREAS, contingency allowances in the amount of$20,000 have been applied
to the total cost of $48,600, thereby resulting in a change of a net amount of $28,600
increasing the contract amount to $330,860;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the City Manager be and he is hereby authorized to execute Change Order
No. 1 for additional work described above, thereby increasing the contract amount by
$28,600 for a total contract amount of $330,860 for renovation to the Beaumont Transit
bus service bays.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of July,
2013.
- Mayor Becky Ames -
3
July 9,2013
Consider a resolution approving a change order to the contract with the Texas Department of
Transportation for the Concord Road Project
RICH WITH OPPORTUNITY
BEAU-9
T • Z • Y • A s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
Q
PREPARED BY: Patrick Donart,Public Works Director
MEETING DATE: July 9, 2013
REQUESTED ACTION: Council consider a resolution approving a change order to
the contract with the Texas Department of Transportation
for the Concord Road Project.
BACKGROUND
Texas Department of Transportation(I7xDot)is managing the Concord Road Project. TxDot
awarded their contract to Tradeco Infrastructura, Inc. in the amount of$11,284,746.71. A change
order in the amount of$76,879.72 has been requested for modifications to the water, sanitary
sewer,storm sewer, and conduit lines for the project. An Engineering and Contingencies charge
of$12,085.49 has been assessed by TxDot for the project based on the change order amount.The
total amount of the change order is$88,965.21.
FUNDING SOURCE
Capital Program.
RECOMMENDATION
Approval of resolution.
TEXAS DEPARTMENT OF TRANSPORTATION
CONSTRUCTION CONTRACT CHANGE ORDER NUMBER: 1
Third Party Funding Notification Sheet
This form is used when the subject change order involves funding by a source other than TxDOT/US.DOT,and involves third
parties who are providing funding under an Advance Funding Agreement or Donation Agreement.
1.Outside funding provided by.
City of Beaumont
CCSJ: 0920-38-153
(Outside Entity s Legal Name) Project. HP 450(1)
2.Type of outside funding agreement for this change: Highway: Concord Road
® Existing r-j Amended New County: Jefferson
(Check one)
District: Beaumont
3. Indicate the type and amount of funding:
Contract
❑ Fixed Price(Lump Sum) (Estimated Amount 76879.72 ) Number.07123217
®Actual Cost
(a) Contract Items(Bid Items): 76879.72 Use as needed:
I hereby acknowledge notification of the modifications
(b) E&C*: (a)x •1572 = 12085.491984 covered by this Change order.
enter
(c) Indirect Cost**: (a+b)x 0 0
en--- — Date
TOTAL 88965.21198399
By
Typed/Printed Name
Typed/Printed Title
*The percentage(%)for E&C(Engineering and Contingencies)charges varies from project to project
depending on the contract amount of the project.Projects with a higher contract amount will have a lower rate
of E&C charge. For a specific project,E&C rate(%)can be derived from the cost of"Engineering and Contingencies"in
the"Estimated Cost"of the project.
*'Use the statewide district rate as established by Finance Division each year. This line 3(c)is for Service Project only,
unless otherwise specified in the Advance Funding Agreement. See Stand Alone Manual Notice 98-2 for instructions.
Funding for this Change Order has been arranged:
TxDOT Representative Date
Typed/Printed Name:Patrick M.Ryan,P.E.
TXDOT Form 2146-AFA (Rev.09/10) Page 1 of 1
RESOLUTION NO.
WHEREAS, on July 26, 2012, the Texas Department of Transportation (TxDOT)
entered into an agreement with Tradeco Infrastructura, Inc. in the amount of
$11,284,746.71 for the Concord Road Project; and,
WHEREAS, TxDOT has requested proposed Change Order No. 1, in the amount
of $88,965.21, which is required for modifications to the water, sanitary sewer, storm
sewer, and conduit lines for the project; and,
WHEREAS, contingency allowances in the amount of $12,085.19 have been
applied to the total cost of $88,965.21, thereby resulting in a change of a net amount of
$76,879.72;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the City Manager be and he is hereby authorized to execute an
acknowledgment of Change Order No. 1 for additional work described above, thereby
increasing the contract amount by $76,879.72 for the Concord Road Project.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of July,
2013.
- Mayor Becky Ames -
4
July 9,2013
Consider a resolution authorizing a lease agreement with Dr. Donna Farrell,Ph.D.,LSSP LLC for
the property located at 3455 Sarah Street, known as the L.L. Melton Family Life Center
RICH WITH OPPORTUNITY
BEAUNON*
T E • X • A S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes,City Manager
es�
PREPARED BY: Chris Boone,Community Development Director
MEETEYG DATE: July 9,2013
REQUESTED ACTION: Council consider a resolution authorizing the City Manager
to enter into a lease agreement with Dr. Donna Farrell,
PhD., LSSP LLC for the property located at 3455 Sarah
Street.
BACKGROUND
Approximately three years ago,the Melton YMCA closed and was reopened as the L.L. Melton
Family Life Center. Serving as a community recreation center for the area,the Life Center
continues to operate,with assistance from the City. The management of the Melton Life Center
was recently approached by Dr. Donna Farrell,Ph.D., LSSP about utilizing the facility, while
maintaining recreational activities for the community.
Attached is a letter from Donna Farrell,PhD.,outlining her plans and requesting consideration to
enter into a long-term lease(twenty year,minimum)at the Melton. Her proposal,which involves
educational programs for students with disabilities, is funded via contracts with area school
districts. Given Dr. Farrell's desire to continue to offer recreational opportunities to the
community,Jehovah Jireh,the non-profit manager of the Life Center is in support of the project.
Dr. Farrell intends to make significant investments by making improvements to the property,
including code updates,expansion of the building and new sport fields. In order to make these
invesbhnents financially viable,a twenty(20)year lease of the property would be required. In
exchange for the use of the building and grounds for this term,Dr. Farrell will provide these
services described herein,provide continued recreational opportunities to the community and
pay the City$1,000 per month,the amount adjusted annually,based on the inflation activity,as
defined by the Houston-Galveston-Brazoria Area Consumer Price Index(CPI).The lease could be
terminated at any time,if agreed upon by both parties or for violation of any terms of the lease by
either party.
In addition,while the north half of this ten(10)acre property is owned by the City,the south half is
owned by Jefferson County. It was indicated that the Jefferson County Commissioner's Court
will consider approving a lease to the City for this south half of the property. Following approval
by the County,the City can then enter into a similar lease with Dr. Farrell for the South half.
FUNDING SOURCE
Not Applicable.
RECOMMENDATION
The Administration recommends approval.
DONNA M. FARRELL, PHD., LSSP
LICENSED SPECIALIST IN SCHOOL PSYCHOLOGY
P.O. BOX 1436
WINNIE, TX 77665-1436
CONFIDENTIAL
June 27, 2013
City of Beaumont
Chris Boone, Community Development Director
801 Main, Suite 201
Beaumont, TX 77701
Dear Chris,
Per my conversation with Boyd Meier today, this is an update on my previous request to obtain
a long-term lease, with the City of Beaumont and Jefferson County, for a period of 20 years, for
the Melton Family Center property, at 3455 Sarah street. Attached, you will find the report from
a local architectural firm outlining the specific use of each room in my proposed plan and
recommendations for occupancy numbers. Per my conversation with Boyd Meier today, given
that I will be providing only "YMCA type/community center type" services on site, the facility
can be "grandfathered° for not needing fire sprinklers, given that it will not be changing the
current occupancy coding that has been in place since the YMCA began in the building in the
1970's. It is my understanding that the 9+ acre property is jointly owned with the City and
County. The approval and subsequent addendum to the lease, from the County, is still
pending. I am planning a recreational and educational facility that would serve the entire
community, as well as the surrounding communities. The proposed facility will be open 7 days
a week, with extensive programming during the summer months.
The facility will need to be retrofitted for appropriate safety concerns and ADA compliance,
throughout. Obviously, the facility will meet all building codes and be fully insured. The facility
does not have school bus accessibility, at this point, which will need to be remedied, due to the
fact that school buses will be accessing the property. Per previous meetings, the City of
Beaumont has agreed to install the bus appropriate entrance. The facility will be securely
fenced, with additional security lighting, and a new overall security system. The facility will
receive an overall facelift and the fields will be refurbished for safety and markings. At this
point, the fields are not level, clearly marked, etc. The previous concession stand has a
decayed roof that has to be replaced and the electricity has to be redone, etc., to meet code.
The pool is currently locked, due to the fact that it is not ADA compliant and has reported
mechanical concerns, which will be addressed. Until such time as the pool can be safe and
accessible, for all, it will be covered to limit the danger. Once remedied, swimming lessons and
water recreation will be offered, as weather allows.
The facility will offer sports leagues, consistent with the season. Additionally, the facility will
include tutoring space, exercise space, kitchen/bakery, etc. All facilities will be ADA compliant,
throughout. The space will include pottery wheels and kiln; art lessons; Brain Gym activity
room; music lessons, wood/furniture working/training; bakery; leather works; nurse's office;
aerobics/dance/martial arts lessons; game room; assistance for resumes/applications; job
exploration with numerous computers/printers; sand volleyball; bocce ball pits; horseshoe pits;
trampolines; swings/slides; playground; extensive community gardens; football/soccer field;
baseball/softball field; etc. Job coaches and job training will be provided. After school tutoring
will be offered in conjunction with school push notifications for homework, etc. Transition
services/access will be offered. Therapeutic interventions will be provided on the school
campuses. Parents, seniors, students, and the general population, will be able to access
services, on site. Parent support groups will be provided with a wide range of training topics.
The facility will be operated in an extremely secure fashion, with technology that will preclude
registered felons/pedophiles/etc. from gaining entrance. Appropriate check in stations will be
constructed at both the car and bus entrances. Awnings will be added to protect the patrons
from weather. Each element, within the facility, will be closely monitored and supervised by
trained personnel for both safety and social skill development. Communication with area
schools will be fostered, such that the complete growth of students will be encouraged
academically, physically, socially, and emotionally. Students will experience growth, across the
spectrum, with integrated services across the community.
Thank you for your time and attention concerning this matter. If I can be of any further
assistance in clarif ' or addressi g concerns, please do not hesitate to contact me.
Respectfully,
Donna M. a I, Ph.D., L SP, LLC
Licensed Specialist in School Psychology
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 twenty(20)year lease
agreement, expiring on December 31, 2033, with Dr. Donna.Farrell, Ph.D., LSSP. LLC
(Lessee) for an initial rental amount of $1,000 per month for property located at 3455
Sarah Street, Beaumont, Texas, for private educations services, recreational, social and
civic activities at the Melton YMCA. The lease agreement 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 9th day of July,
2013.
- Mayor Becky Ames -
L.L.MELTON Property LEASE AGREEMENT
Date: August 1,2013
Lessor: The City of Beaumont
Lessor's Mailing Address: P. O.Box 3827
Beaumont,Texas 77704
Lessee: Dr.Donna Farrell, LSSP, LLC
Lessee's Mailing Address: P.O.Box 1436,Winnie,TX 77665-1436
Leased Premises: Block Nineteen(19)in the M.C.Cartwright Subdivision in the J.W.Bullock
League of the City of Beaumont,Jefferson County,Texas,a ten acre tract and facility
commonly known as the L.L.Melton property.
Lease Commencement Date: This Agreement will commence upon execution by Lessor and Lessee.
Lease Term: This lease ends on December 31, 2033.
Lease Rent: One Thousand Dollars($1,000)per month. Effective January 1,2015,
the lease rent amount will increase/decrease each year,depending on the
latest Consumer Price Index(CPI)for the Houston-Galveston-Brazoria
Area.
Permitted Uses: Private educational services;recreational,social,and civic activities.
1. Lessee must be providing educational services and activities on-site within 12 months of the
execution of this agreement.
2. Lessee will pay the monthly rent at the office of the Central Cashier at City Hall upon the
execution of the Lease Agreement and thereafter by the 5t''day of each month. Checks are to be
made payable to"The City of Beaumont",and the first payment may be prorated.
3. The premises may be used for providing private educational services and recreational,
educational, social,and civic activities for the general public. Any other use will require the written
consent of the Lessor. Lessee further agrees that the facility will be open to the general public for
recreational purposes during regular hours as long as it does not unreasonably interfere with Lessee's
services or other organized activities and that a schedule will be developed for same subject to
approval of the Lessor. Lessee is permitted to charge a fee for special activities and events such as
camps,sports leagues,and daycare and facility room rental for organizational meetings. Lessee
reserves the right to refuse admission to the center to anyone legally barred from close proximity to
children and/or students. Charges for other activities will require the Lessor's written approval.
4. Lessee shall indemnify, save,and keep harmless Lessor from all liabilities,claims,judgments,
damages,injuries, costs, and expenses that may in any manner come against Lessor in
EXHIBIT "A"
consequence of or result from any operations that may be conducted or carried out on the premises.
Lessee shall carry$1,000,000 of public liability,bodily injury insurance on the premises,the cost of
said insurance policies to be borne by Lessee. Said policies of insurance must be written by
companies acceptable to Lessor and shall name Lessor as an additional insured. Current copies of
said policies,or duplicate originals thereof,must be regularly provided to Lessor.
5. Lessee has fully inspected the premises and accepts it in its present "AS-IS,WHERE IS"
condition.
6. Lessee will keep the premises clean and is responsible for all routine maintenance,grounds upkeep,and
all utilities with said services transferred into the Lessee's name.
7. Lessor is responsible for major facility maintenance including the roof,HVAC system,major
plumbing system and repairs,parking lot, and the structural integrity of the building.
8. Lessee agrees:
(a)Not to alter or improve the premises without the written consent of the Lessor. However,the
City agrees to allow the Lessee to make additions to the building,provide tennis courts,signage,
lighting, concession structure,play equipment,gates, fencing,repair of the pool and accessibility
improvements,provided they comply with all codes and ordinances and compatibility with the
structure and surrounding area.
(b)Not to allow a lien to be placed on the Leased Premises.
(c)Not to assign any portion of the Leased Premises without Lessor's written consent.
9. This Lease constitutes the sole and entire agreement of the parties with respect to the subject matter
hereof and supersedes any prior understandings or written or oral agreement between the parties
respecting such subject matter.
10. Unless purchased by the Lessee,all on-site personal property belongs to the Lessor.
11. All notices between the Lessee and Lessor are to be sent by certified or registered mail,return
receipt requested,to the following addresses:
LESSOR: LESSEE:
Attention: City Manager
City of Beaumont Dr. Donna Farrell,LSSP,LLC
P. O.Box 3827 P.O. Box 1436
Beaumont, Texas 77704 Winnie,TX 77665-1436
E-mail: khayes(cr)ci.beaumont.tx.us
12. This Agreement may be terminated if agreed upon by both parties with sixty(60)days written notice.
Page 2 of 3
For the LESSOR: For the LESSEE:
Kyle Hayes,City Manager Dr.Donna Farrell,LSSP,LLC
Date Date
Page 3 of 3