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T - E • X • A • S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS SEPTEMBER 10, 2013 1:30 P.M.
CONSENT AGENDA
* Approval of minutes—August 27, 2013
* Confirmation of committee appointments
Alma Hodge would be appointed to the Police Department Community Advisory Committee.
The term would commence September 10, 2013 and expire September 9, 2015. (Mayor Pro Tern
Gethrel Williams-Wright)
Valerie Linton would be reappointed to the Convention and Tourism Advisory Board. The
current term would expire September 5, 2015. (Mayor Pro Tern Gethrel Williams-Wright)
Gwen Ambres would be reappointed to the Parks and Recreation Advisory Committee. The
current term would expire September 5, 2015. (Mayor Pro Tern Gethrel Williams-Wright)
MacArthur English would be reappointed to the Parks and Recreation Advisory Committee. The
current term would expire September 6, 2015. (Mayor Pro Tern Gethrel Williams-Wright)
Thomas P. Sigee would be reappointed to the Small Business Revolving Loan Fund Board. The
current term would expire September 5, 2015. (Mayor Pro Tern Gethrel Williams-Wright)
A) Approve a resolution approving a contract with Texas Industries for the Blind and
Handicapped/Beaumont Products & Services to provide litter removal services on City
right-of-ways
B) Approve a resolution approving the purchase of tactical gear from GT Distributors, Inc.
of Austin for use by the Police Department
C) Approve a resolution approving the write-off of uncollectible water accounts for which
each individual account exceeds $1,000
D) Approve a resolution authorizing the City Manager to execute all documents necessary,
specifically including a License Agreement, in order for the Beaumont Police Department
to continue to maintain a Police Substation at Parkdale Mall
E) Approve a resolution authorizing the City Manager to apply for and receive grant funds,
and to enter into an agreement with the Texas A&M Forest Service (TFS)—Texas
Interstate Fire Mutual Aid System (TIFMAS) for a Wildland/Urban Interface Fire
Apparatus
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the following appointment be made:
Appointment Commission Beginning Expiration
of Term of Term
Alma Hodge Police Department Community Advisory Commission 09/10/13 09/09/15
THAT the following reappointments be made:
Reappointment Commission Beginning Expiration
of Term of Term
Valerie Linton Convention and Tourism Advisory Board 09/10/13 09/05/15
MacArthur English Parks and Recreation Advisory Committee 09/10/13 09/06/15
Thomas P. Sigee Small Business Revolving Loan Fund Board 09/10/13 09/05/15
Gwen Ambres Parks and Recreation Advisory Committee 09/10/13 09/05/15
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of
September, 2013.
- Mayor Becky Ames -
A
RICH WITH OPPORTUNITY
r
Cl[I I I U1 IT
T • E • x • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officeii>
MEETING DATE: September 10, 2013
REQUESTED ACTION: Council consider a resolution approving a contract with
Texas Industries for the Blind and Handicapped (TIBH)/
Beaumont Products & Services (BPS) of Beaumont in the
approximate amount of$149,380 to provide litter removal
services on City right-of-ways.
BACKGROUND
BPS is a private not-for-profit State Certified Workshop. State Certified Workshops encourage
and assist disabled persons to achieve maximum personal independence by engaging in useful
and productive activities. Job programs are designed for disabled individuals and marketed
throughout the community. The State exempts political subdivisions from competitive bidding
requirements when contracting with a certified workshop. BPS has provided biweekly litter
removal services on specified arterial streets since 1987.
The contract is for one (1)year with two (2) one-year extensions available. BPS will be paid at a
rate of$15 per hour for a crew of four (4) collection personnel and one (1) supervisor/driver.
The contract allows for a yearly increase equal to the percentage increase in the Consumer Price
Index for All Urban Consumers for the previous year.
FUNDING SOURCE
General 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 execute a one (1) year
Agreement, with an option to renew for two (2) additional terms of one year, with Texas
Industries for the Blind and Handicapped (TIBH)/Beaumont Products & Services (BPS),
of Beaumont, Texas, at a rate of $15.00 per hour per person in the estimated amount of
$149,380 to provide litter removal services on City rights-of-way. 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 10th day of
September, 2013.
- Mayor Becky Ames -
STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT FOR FURNISHING LITTER REMOVAL SERVICE
FOR CITY RIGHTS-OF-WAY AND SPECIFIED AREAS
THIS AGREEMENT, is made and entered into by and between the CITY of BEAUMONT, Texas, a
municipal corporation, hereinafter referred to as "City," and Texas Industries for Blind and Handicapped
(TIBH), a State of Texas agency, hereinafter referred to as TIBH, and Beaumont Products & Services,
Inc., hereinafter referred to as "Provider." "Therefore, City, TIBH, and Provider agree as follows:
WITNESSETH
1 .0 It is the intent of the City of Beaumont to contract with a private not-for-profit state certified
workshop as provided by the state of Texas for furnishing litter removal services on City rights-
of-"ay and other areas as may be determined.
2 .0 This Agreement shall be in effect for a period of one (1) year beginning September 16, 2013 and
ending September 15, 2014. The City may renew the contract for up to two (2) additional one (1)
year periods. Renewals shall occur by mutual agreement between the City and TIBH at the end
of each yearly contract period. On the anniversary dates of the agreement, the City shall increase
the monthly payments by the lesser of the percentage increase in the Consumer Price Index for all
Urban Consumers (CPI-U) or 2.5%. The increase will be based on the Houston-Galveston-
Brazoria Consolidated Metropolitan Statistical Areas for the previous year from July l through
June 30.
3 .0 The Provider shall furnish all labor, supervision, equipment, supplies and transportation necessary
to provide for the pickup and proper disposal of litter or debris discarded onto City rights-of-way
and other areas as may be determined by the City. The rights-of-way include but are not limited
to those listed on Attachment"B" attached hereto.
4 .0 "Litter" or "debris" shall be defined as trash, garbage, fragments, remains, ruins, rubble, or loose
materials of any nature which have been discarded or which may detract from the appearance and
safety of the area. "Litter" shall also include advertisements placed on or against any pole, post,
tree. fireplug, trash receptacle or other property located on a street right-of-way.
5 .0 All litter accumulated by the Provider shall be collected and disposed of by Provider. All
supplies and equipment needed shall be furnished by the Provider. All vehicles used in
transporting litter must be equipped to prevent litter from being deposited on the street right-of-
way during transport to disposal sites.
6 .0 The Provider shall not be required to remove dead animals, tires, or objects weighing more than
sixty (60) pounds. However, the Provider shall notify the designated official of the location of
1
EXHIBIT "A"
these items immediately upon their discovery.
7 .0 The Provider shall furnish a crew consisting of one (1) supervisor and four(4) crew members for
approximately eight (8) hours per day. At the sole discretion of the City, it may require
additional crew members to be provided. If the Provider is unable to furnish the required number
of crew members, the City shall be notified in advance and the City may cancel the days
scheduled to be worked by the reduced crew. No payment shall be made for days canceled by the
City. Provider shall also furnish all transportation required.
8 .0 Litter removal shall be performed five (5) days per week, Monday through Friday, except rain
days and City holidays. Rain days can be voluntarily called by the crew performing litter removal
or at the discretion of the designated official. Additional days may be provided with the written
approval of the Designated Official. Normal working hours shall be 7:30 a.m. to 4:00 p.m. The
City shall have full right of inspection of any facilities, areas, or equipment. Such inspections
may be related to, but not limited to, verification of work or conditions, safety, damages, or
operational interests.
8.1 Work days that are voluntarily called as a result of a inclement weather shall not incur a
minimum charge for the day. Payments will not be made for hours not worked due to
inclement weather.
9.0 On a weekly basis, the Provider shall meet with the designated official to define program
objectives and schedule litter removal services. The Provider shall follow the litter removal
schedule as defined by the designated official. The Provider shall contact the designated official
on a daily basis to report work status. Once work has been assigned,the Provider shall proceed in
an expeditious manner until all work is satisfactorily completed.
10.0 Each employee shall wear brightly colored safety vests while on City rights-of-way. It shall be
the responsibility of the Provider to ensure the safety of its employees and citizens while in the
performance of this Agreement.
11.0 City holidays shall be defined as follows:
Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
New Year's Day
Martin Luther King, Jr.'s Birthday
Good Friday
Memorial Day
Independence Day
12.0 The City shall have the right but not the duty to inspect, audit, copy, and examine all books and
records of the Provider pertaining to its performance of services and obligations to the City under
this Agreement.
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13.0 The Provider may not assign any portion of this Agreement to another party or parties without
written approval of the City Manager or his designee of such sale or assignment. The City may
require any records or financial statements necessary in its opinion to ensure such sale or
assignment will be in the best interest of the City.
14.0 This Agreement shall constitute the entire understanding of the parties hereto with respect to the
subject matter hereof, and no amendment, modification, or alteration of the terms shall be binding
unless the same be in writing, dated subsequent to the date hereof, and duly executed by the
parties hereto.
15.0 The Provider agrees to indemnify and save harmless the City of Beaumont and its officers, agents
and employees from any and all claims, causes or action, and damages of every kind, for injury to
or death of any person and damages to property arising out of or in connection with the work
done by Provider under this Agreement, and including acts or omissions of the City of Beaumont
or its officers, agents or employees in connection with said Agreement.
16.0 The Provider shall at all times during the Agreement maintain in full force and effect insurance as
provided in Attachment "A". A certificate of insurance, or a copy of the insurance policies shall
be furnished to the City prior to the commencement of work by the Provider and shall provide
that the City shall receive thirty days prior written notice before any change or cancellation of any
Policy.
All of the insurance costs shall be borne by the Provider. Should any insurance required by the
Agreement lapse, the Provider shall immediately cease all operations as of the time and date of
such lapse and shall not resume any operations until authorized in writing by the City. If the
lapse period extends fifteen days, the Agreement shall automatically terminate and the Provider
shall be in breach of this Agreement. Should the City of Beaumont receive notices of insurance
cancellation three (3) or more times within any twelve (12) month period, the City may cancel
this Agreement.
17.0 The City, besides all other rights or remedies it may have, shall have the right to terminate this
Agreement upon thirty (30) days written notice from the City Manager or his designee of its
election to do so. Said termination shall be at the sole discretion of the City Manager or his
designee.
18.0 The City, besides all other rights or remedies it may have, shall have the right to terminate this
Agreement upon five (5) days written notice in writing if the Provider fails to perform the scope
of work as herein provided. The decision to terminate shall be at the sole discretion of the City
Manager or his designee.
19.0 'The City agrees to pay the Provider upon receipt of monthly invoices for services performed
satisfactorily and reports as required herein. Such payment shall be made within thirty (30) days
of receipt of invoice. The City shall have the right to refuse payment for work not satisfactorily
completed.
19.1 On a weekly basis,the Provider shall provide the following reports:
19.1.1 An accurate record of the streets worked and the amount of litter removed. The
3
unit of measurement for litter shall be the number of bags and the number of
cubic yards collected.
19.1.2 An accurate listing detailing the number of crew members, days worked, and
number of hours each worked each day.
20.0 The City shall pay the Provider at a rate of$15.00 per hour per person. Payment will be made for
crew member hours actually worked. No minimum payments for inclement weather clays will be
allowed. This payment shall be full compensation for all work performed, equipment, materials,
transportation, and incidentals necessary to complete the work as well as disposal of the litter.
21.0 Deductions from payments by the City to the Provider may include items specified herein,
including taxes, costs for damages by the Provider, or other amounts which may be owed by the
Provider to the City. Such deductions shall not be cause for the Provider to cease or partially
cease operations or activities required by this Agreement.
22.0 The relationship of the Provider to the City shall be that of an independent provider, and no
principal-agent or employer-employee relationship is created by this Agreement. By entering
into this Agreement, the Provider acknowledges that it will, in the performance of its duties under
this Agreement be acting as an independent provider and that no officer, agent or employee of the
Provider will be for any purpose an employee of the City of Beaumont and that no officer, agent
or employee of the Provider is entitled to any of the benefits and privileges of a City employee or
officer under any provision of the statutes of the State of Texas or the Charter and ordinances of
the City of Beaumont.
23.0 NO PERSON has the authority to verbally alter these terms and conditions. Any changes must be
approved in writing by both parties.
24.0 Any notice which City or Provider may require or may desire to give to the other shall be in
writing and shall be sent by registered or certified mail to the following respective addresses:
Cite:
City of Beaumont
P. O. Box 3827
801 Main Street
Beaumont, TX 77704
State Agency:
Nlelinda May, Market Representative
Texas Industries for the Blind and Handicapped
119 North Street, Suite H
Nacogdoches, Texas 75961
4
Provider:
Harold Comstock, President
Beaumont Products & Services, Inc.
1 305 Washington Blvd.
Beaumont, Texas 77705
All notices shall be deemed given on the date so delivered. Either party hereto may change the
above address by sending written notice of such change to the other in the manner so provided
herein.
IN WITNESS WHEREOF, City and Provider have executed or caused to be executed by their duly
authorized officers or agents this Agreement as of the day and year written below.
CITY OF BEAUMON'T:
By: — —
Kyle Hayes, City 'Manager
Date:
TEXAS INDUSTRIES FOR THE BLIND
AND HANDICAPPED:
By: _
Melinda May, Market Representative
Date:
BEAUMONT PRODUCTS AND SERVICES,INC.:
By: _
Harold Comstock., President
Date:
5
ATTACHMENT A
(Revised 4/1/2013)
INSURANCE
SECTION A. Prior to the approval of this contract by the City,CONTRACTOR shall furnish a completed Insurance Certificate to the
Purchasing office. The certificate shall be completed by an agent authorized to bind the named underwriter(s)to the coverages,limits,and
termination provisions shown thereon, and shall furnish and contain all required information referenced or indicated thereon. CITY
SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE IS RECEIVED BY
THE CITY OF BEAUMONT'S PURCHASING DIVISION, and no officer or employee of the City shall have authority to wave this
requirement.
INSURANCE COVERAGE REQUIRED
SECTION B. CITY reserves the right to review the insurance requirements of this section during the effective period of the contract
and to adjust insurance coverages and their limits when deemed necessary and prudent by CITY,based upon changes in statutory law,
court decisions, or the claims history of the industry as well as the CONTRACTOR.
SECTION C. Subject to CONTRACTOR'S right to maintain reasonable deductibles in such amounts as are approved by CITY,
CONTRACTOR shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at
CONTRACTOR'S sole expense,insurance coverage written by companies approved by the State of Texas and acceptable to CITY,in the
following type(s)and amount(s)
TYPE AMOUNT
1. Workers' Compensation and Statutory
Employer's Liability
NOTE: For building or construction projects,and services provided at City-owned facilities,the successful
Contractor shall meet the minimum requirements defined in the Texas Workers' Compensation Commission
Rule 28 TAC§110.110 which follows this insurance attachment.
2. Commercial General(public) Liability
including coverage for the following:
a. Premises operations Combined single limit for bodily injury and
b. Independent contractors and property damage of$500,000 per
C. Products/completed operations occurrence or its equivalent with an aggregate
d. Personal injury limit of$1,000,000.
e. Advertising injury
f. Contractual liability
g. Medical payments
h. Professional liability*
i. Underground hazard*
j. Explosion and collapse hazard*
k. Liquor liability*
I. Fire legal liability*
M. City's property in Contractor's*
care, custody, or control
n. Asbestos specific liability*
* Not required for this contract
3. Comprehensive Automobile Liability Combined single limit for bodily injury and
insurance, including coverage for loading property damage of$500,000 per occurrence
and unloading hazards, for: or equivalent.
- 1 -
ATTACHMENT "A"
a. Owned/leased vehicles
b. Non-owned vehicles
C. Hired vehicles
4. Errors and Omissions Provide a prudent amount of coverage for the
insurance policy willful or negligent acts or omissions of any
(when applicable) officers, employees or agents thereof.
ADDITIONAL POLICY ENDORSEMENTS
CITY shall be entitled, upon request, and without expense,to receive copies of the policies and all endorsements thereto andmay
make any reasonable request for deletion,revision, or modification of particular policy terms, conditions, limitations, or exclusions
(except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwiter of any
of such policies). Upon such request by CITY,CONTRACTOR shall exercise reasonable efforts to accomplish such changes in policy
coverages, and shall pay the cost thereof.
REQUIRED PROVISIONS
CONTRACTOR agrees with respect to the above required insurance,all insurance contracts and certificate(s)of insurance will contain
and state, in writing, on the certificate or its attachment,the following required provisions.
a. Name,the City of Beaumont and its officers, employees, and elected representatives as additional insured(s), (as the
interest of each insured may appear)to all applicable coverage.
b. Provide for 30 days' notice to City for cancellation, non-renewal, or material change.
C. Provide for notice to City at the address shown below by registered mail
d. CONTRACTOR agrees to waive subrogation against the City of Beaumont, its officers, employees,and elected
representatives for injuries, including death, property damage, or any other loss to the extent same may be covered
by the proceeds of insurance.
e. Provide that all provisions of this agreement concerning liability, duty, and standard of care together shall be
underwritten by contractual liability coverage sufficient to include such obligations within applicable policies.
f. For coverages that are only available with claims made policies,the required period of coverage will be determined
by the following.formula: Continuous coverage for the life of the contract,plus one year(to provide coverage for
the warranty period)and an extended discovery period for a minimum of five yeas which shall begin at the end of
the warranty period.
NOTICES
CONTRACTOR shall notify CITY in the event of any change in coverage and shall give such notices not less thanthirty(30)days
prior to the change,which notice must be accompanied by a re0acement CERTIFICATE OF INSURANCE. All notices shall be given
to CITY at the following address:
Purchasing Division
City of Beaumont
P.O. Box 3827
Beaumont, Texas 77704
SECTION D. Approval, disapproval, or failure to act by CITY regarding any insurance supplied by CONTRACTOR shall not relieve
CONTRACTOR of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shill the
bankruptcy,insolvency, or denial of liability by the insurance companyexonerate CONTRACTOR from liability.
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WORKERS COMPENSATION INSURANCE
for
Building or Construction Projects and Services Provided at CityOwned Facilities
TEXAS WORKERS' COMPENSATION COMMISSION RULE 28,§110.11()
As required by the Texas Workers'Compensation Rule 28,§110.110, the Contractor shall accept the following definitions and comply
with the following provisions:
Workers' Compensation Insurance Coverage
A. Definitions:
1. Certificate of coverage("certificate")-A copy of a certificate of insurance,a certificate of authority to self-insure issued
by the commission, or a coverage agreement(TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers'compensation insurance coverage for the person's or entity's employees providing services on a project,for the
duration of the project.
2. Duration of the project-includes the time from the beginning of the work on the project until the Contract(Y's/person's
work on the project has been completed and accepted by the City of Beaumont.
3. Persons providing services on the project("subcontractor"in§406.096)-includes all persons or entities performing all
or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person
contracted directly with the Contractor and regardless of whether that person has employees. This includes,without
limitation,independent Contractors,subcontractors,leasing companies,motor carriers,owner-operators,employees of
an} such entity,or employees of any entity which furnishes persons to provide services on the project."Services"include,
without limitation,providing,hauling,or delivering equipment or materials,or providing labor,transportation,or other
service related to a project."Services"does not include activities unrelated to the project,such as food/beverage vendors,
office supply deliveries, and delivery of portable toilets.
B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any
coverage agreements,which meets the statutory requirements of Texas Labor Code,Section 401.011(44)for all employees of the
Contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the City of Beaumont prior to being awarded the contract.
D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the
Contractor must,prior to the end of the coverage period,file a new certificate of coverage with the City of Beaumont showing that
coverage has been extended.
- 3 -
E. The Contractor shall obtain from each person providing services on a project, and provide to the City of
Beaumont:
1. A certificate of coverage,prior to that person beginning work on the project,so the City of Beaumont
will have on file certificates of coverage showingcoverage for all persons providing services on the
project; and
2. No later than seven(7) days after receipt by the Contractor, a new certificate of coverage showing
extension of coverage,if the coverage period shown on the current certificate of coverage ends during
the duration of the project.
F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one(1)
year thereafter.
G. The Contractor shall notify the City of Beaumont in writing by certified mail orpersonal delivery,within ten
(10)days after the Contractor knew or should have known,of any change that materially affects the provision of
coverage of any person providing services on the project.
H. The Contractor shall post on each project site a notice, in the text,form and manner prescribed by the Texas
Workers' Compensation Commission, informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify coverage and report lack of coverage.
1. The Contractor shall contractually require each person with whom it contracts to provide services on a project,
to:
I. Provide coverage,based on proper reporting of classification codes and payroll amounts and filing of
any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section
401.01 fl(44)for all of its employees providing services on the project,for the duration of the project;
2. Provide to the Contractor,prior to that person beginning work on the project,a certificate of coverage
showing that coverage is being provided for all employees of the person providing services on the
project, for the duration of the project.
3. Provide the Contractor,prior to the end of the coverage period,a new certificate of coverage showing
extension of coverage,if the coverage period shown on the current certificate of coverage ends during
the duration of the project;
4. Obtain from each other person with whom it contracts, and provide to the Contractor:
a. A certificate of coverage, prior to the other person beginning work on the project; and
b. A new certificate of coverage showing extension of coverage,prior to the end of the coverage
period, if the coverage period shown on the current certificate of coverage ends during the
duration of the project.
S. Retain all required certificates of coverage on file for the duration of the project and for one(1)year
thereafter; . Notify the City of Beaumont in writing by certified mail or personal delivery,within
ten (10) days after the person knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project; and
7. Contractually require each person with whom it contracts,to perform as required by paragraphs(1)-
(7), with the certificates of coverage to be provided to the person for whom they are providing
services.
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J. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is
representing to the City of Beaumont.that all employees of the Contractor who will provide services on the
project will be covered by workers'compensation coverage for the duration of the project,that the coverage will
be based on proper reporting of classification codes and payroll amounts,and that all coverage agreements will
be filed with the appropriate insurance carrier or,in the case of a self-insured,with the commission's Division of
Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which
entitles the City of Beaumont to declare the contract void if the Contractor does not remedy the breach within
ten(10)days after receipt of notice of breach from the City of Beaumont.
As defined by the Texas Labor Code,Chapter 269, Section 406.096(e), building or construction is defined as:
1. Erecting or preparing to erect a structure,including a building,bridge,roadway,public utility facility,
or related appurtenance;
2. Remodeling,extending, repairing, or demolishing a structure; or
3. Otherwise improving real property or an appurtenance to real property through similar activities.
The employment of a maintenance employee who is not engaging in building or construction as the employer's primary
business does not constitute engaging in building or construction.
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CERTIFICATE OF INSURANCE Form No. COB1
Edition Date: 12/12/2012
M no c
Page 1 of 3
This form is for informational purposes only and certifies that policies of insurance listed below have been issued to insured
named below and are in force at this time. Notwithstanding any requirements, term or condition of any contract or other
document with respect to which this certificate may be issued or may pertain, insurance afforded by policies described herein is
subject to all terms, exclusions and conditions of such policies.
Prior to the beginning of work, the vendor shall obtain the minimum insurance and endorsements specified. Agents must
complete the form providing all requested information and submit by fax, U.S. mail or e-mail as requested by the City of
Beaumont("COB"). The endorsements listed below are required as attachments to this certificate;copies of the endorsements
are also acceptable. PLEASE ATTACH ALL ENDORSEMENTS TO THIS FORM AND INCLUDE THE MATCHING POLICY
NUMBER ON THE ENDORSEMENT. Only City of Beaumont certificates of insurance are acceptable; commercial carriers'
certificates are not.
This certificate shall be completed by a licensed insurance agent:
Name and Address of Agency: City of Beaumont Reference:
Project Name:
Project Location:
Phone:
Managing Dept.:
Name and Address of Insured:
Project Mgr.:
Insurers Affording Coverages:
Insurer A:
Phone:
Insurer B:
Prime or Sub-Contractor?:_
Insurer C:
Name of Prime Contractor, if different from Insured:
Insurer D:
INSR TYPE OF INSURANCE POLICY POLICY EFF.DATE POLICY EXP. LIMITS OF LIABILITY
LTR NO. (MM/DDIYYYY) DATE
(MM/DD/YYYY)
Commercial General Each Occurrence $
Liability Policy
As defined in the
Policy, does the Policy General Aggregate $
provide:
Completed $
❑ Yes ❑ No — Completed Operations/Products Operations/
Products Aggregate
El Yes ❑ No — C Personal & $;ontractual Liability Advertising Injury
❑ Yes ❑ No — Explosion Deductible or Self $
Insured Retention
- 6 -
CERTIFICATE OF INSURANCE Form No. COB1
Edition Date: 12/12/2012
M Page of 3
INSR POLICY POLICY EFF.DATE POLICY EXP.
LTR TYPE OF INSURANCE NO. (MM/DD/YYYY) DATE LIMITS OF LIABILITY
(MM/DD/YYYY)
❑Yes ❑ No — Collapse
❑Yes ❑ No — Underground
❑Yes ❑ No — Contractors/Subcontractors Work
❑Yes ❑ No — Aggregate Limits per Promect Form CG 2503
❑Yes ❑ No — Additional Insured Form—CG 2010
C Yes ❑ No — 30 Day Notice of Cancellation Form-CG 0205
❑Yes ❑ No — Waiver of Subrogation Form-CG 2404
Pollution/Environmental Occurrence $
Impairment Policy
A re ate $
Auto Liability Policy CSL $
As defined in the Policy,
does the Policy provide.
Bodily Injury $
Per Incident
❑Yes ❑ No — Any Auto Bodily Injury $
(Per Person)
❑Yes ❑ No — All Owned Autos Property Damage $
Per Accident)
❑Yes ❑ No — Non-Owned Autos
❑Yes ❑ No — Hired Autos
❑Yes ❑No — Waiver of Subrogation CA0444
CI Yes ❑ No — 30 Day Notice of Cancellation-CA0244
11 Yes ❑ No — Additional Insured-CA2048
❑Yes ❑ No — MCS 90
Excess Liability
C Umbrella Form Occurrence $
C Excess Liability
Follow Form Aggregate $
Workers Compensation& ❑ Statutory
Employers Liability
As defined in the Policy,
does the Policy provide
Each Accident $
❑Yes ❑ No — Waiver of Subrogation -WC420304 Disease- $
Policy Limit
Cl Yes ❑ No — 30 Day Notice of Cancellation-WC420601 Disease- $
Each Employee
Is a Builders Risk or $
Installation Insurance
Policy provided?
❑Yes ❑ No _
❑Yes ❑ No — Is the City shown as loss payee/mortgagee?
Professional Liability
As defined in the Policy, Each Claim $
does the Policy provide:
11 Yes ❑ No — 30 Day Notice of Cancellation Deductible or Self $
Retroactive Date: Insured Retention
- 7 -
UAW
CERTIFICATE OF INSURANCE Form No. COB1
Edition Date: 12/12/2012
jn K Page 3 of 3
AGENT CERTIFICATION:
THIS IS TO CERTIFY TO THE CITY OF BEAUMONT that the insurance policies above are in full force and effect.
Name of Insurance Company: Name of Authorized Agent:
Company Address: Agent's Address:
City: State: Zip: City: State: Zip:
Authorized Agent's Phone Number (including Area Code): Original signature of Authorized Agent:
X
Date:
CERTIFICATE HOLDER: DATE ISSUED:
City of Beaumont
P. O. Box 3827 AUTHORIZED REPRESENTATIVE SIGNATURE
Beaumont, Texas 777043827 Licensed Insurance Agent
Printed Name:
- 8 -
Beaumont Products & Services, Inc.
Street — rom To Dates
McLean Major Drive Greeves
Phelan Blvd IH-10 W Frontage Road W City Limits
Laurel Office Park Dr. IH-10 N. Frontage Road
Gladys Major Drive IH-10 W Frontage Road
Dowlen Road Concord Road College
Old Dowlen Road Dowlen Road Hwy 105
Plant Road Eastex Helbi
Sherwood Broadoak Piney Point
Maida Helbig Barrett one block
Comstock Garner Helbi
Calder Ma nolia 400' W of Arlington
Todd Phelan McLean
West Lucas Calder Eastex E Frontage Road
East Lucas Eastex E Frontage Road Pine
Bigner E Lucas Dead end
Id (wood E Lucas Charles
Pine Boat Ram IH-10 N Frontage Road
Delaware Major Drive Pine
Dishman Major Drive City Limits
Tolivar Major Drive Keith Road
Magnolia Laurel E Lucas
Lawrence Drive Eastex Chinn
Chinn Eastex Lawrence
Concord Hwy 105 Liveoak
Gober Concord 1 st Driveway
Pineburr E Lucas Concord
Pinkston Eastex E Frontage Road Concord
CDS/Dollin er/Hoover Concord 11th Street
7th Street Dollin er Laurel
College IH-10 E Frontage Road Neches
Eleventh Street Delaware Fannett Road
Fannett Washington Blvd Cardinal N Frontage Road
Walden Road MaJor Drive Fannett Road
Brooks Major Drive IH-10 W Frontage Road
Tyrrell Park Road Fannett Road Frint/Canal
Buford Pennsylvania Carroll
Irving Buford Hi hland
Highland Ave. Irving Cardinal N Frontage Road
Highland Drive Highland Ave Kenneth
Florida Cardinal N Frontage Road University
Park MLK Florida
Pennsylvania Washington Blvd MLK
Avenue A Virginia City Limits
Washington Blvd MILK Parkway lReynolds
Pevitot/Burbank Washington Blvd W of LNVA Canal
Lan ham Washington Blvd College
Wendelin Lan ham College
Fourth North Cardinal N Frontage Road
Cedar MLK Parkway Fourth
Delores/Elmira/Fatima Fannett Road Sarah
Sarah Fannett Road Bob
Lavaca Bob University Drive
Liberty & Laurel MLK 11th Street
McFaddin MILK Willow
Fannin MLK INeches
Bowie JMLK INeches
First I Evalon
ATTACHMENT "B"
RICA[ WITH OPPORTUNITY
r
C ,
T • E • X • A a s City CounCll Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: September 10, 2013
REQUESTED ACTION: Council consider a resolution approving the purchase of
tactical gear from G'I' Distributors, Inc. of Austin, in the
total estimated amount of$87,382.37.
BACKGROUND
Bids were requested from five (5) vendors for purchase of twenty-five (25) sets of tactical armor,
and seven (7)ballistic shields for use by the Police SWAT team. GT Distributors, Inc- of Austin
was the only responding vendor.
The materials are special protective clothing which provide enhanced ballistic protection for the
officers during tactical situations in which the SWAT personnel may become engaged.
The new materials replace existing stock which has become excessively worn or which has
passed its safe use expiration date.
FUNDING SOURCE
Department of Homeland Security 2012 Port Security Grant Program with no require match by
the City.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, bids were solicited for the purchase of twenty-five (25) sets of tactical
armor and seven (7) ballistic shields for use by the Police Department; and,
WHEREAS, GT Distributors, Inc., of Austin, Texas, submitted a bid in the estimated
total amount of$87,382.37, as shown on Exhibit 'A" attached hereto; and,
WHEREAS, City Council is of the opinion that the bid submitted by GT Distributors,
Inc., of Austin, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the bid submitted by GT Distributors, Inc., of Austin, Texas, for the purchase
of twenty-five(25)sets of tactical armor and seven (7) ballistic shields for use by the Police
Department in the estimated total amount of $87,382.37, be accepted by the City of
Beaumont; and,
THAT the City Manager be and he is hereby authorized to execute a contract with
GT Distributors, Inc., of Austin, Texas, for the purposes described herein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of
September, 2013.
- Mayor Becky Ames -
CITY OF BEAUMONT, BEAUMONT, TEXAS
B 1E-A.
U(10 N' PURCHASING DIVISION BID TABULATION
T . E • X.. A...y..S
Bid Name: Contract for Purchase of Police Tactical Gear
Bid Number: BF0813-22
Bid Opening: Thursday, August 29, 2013
Contact Person: Robert (Bob) Hollar, Buyer II
rhollar a.ci.beau mont.tx.us
Phone: 409-880-3758
Vendor GT Distributors, Inc.
City / State Austin, TX
ITEM QTY Unit Price Extended Price
Protech FAV MKII FAV-MKII-MRO1 -M 25 $1 ,210.24 $30,256.00
Enhanced MRO1 Molle
PROTECH FAV MKII FAV-MKII-MRO1-0 25 $97.43 $2,435.75
COLLAR MRO1 _
PROTECH FAV MKII FAV-MK-MR-TI 25 $92.29 $2,307.25
THROAT MR O1 _
PROTECH FAV MKII FAV-MKII-MROI-S 25 $138.46 $3,461 .50
STD GROIT PROT _
PROTECH FAV MKII
UPPER ARM PROT FA'd-MKII-MRO1 -U 25 $271 .79 $6,794.75
PROTECH TACTICAL OSM 25 $82.04 $2,051 .00
OPT SPACER MESH _
LEVEL III PLUS 10x1 2 PLT-III-SP-SC-1 OX 25 $574.35 $14,358.75
PLATE _
PROTECH DELTA 4
PALLISTIC HELMET, 774MCR 25 $410.24 $10,256.00
MID CUT W/F
PROTECH 31x48 31485 2 $2,112.82 $4,225.64
BODY BUNKER _
PROTECH INTRUDER
G2 SHIELD 20x34W/ 2035G2 1 $2,035.89 $2,035.89
PROTECH MIGHTY 1630 2 $1 ,030.69 $2,061 .38
MIGHT HS18x30 _
PROTECH-NATO 2- 1936P 2 $3,569.23 $7,138.46
ENHANCED 20x34
TOTAL STANDARD GEAR $87,382.37
NO RESPONSE: LONE STAR, SAFARILAND, GST PUB SAFETY, BARNEY'S
EXHIRI "A„
rRICH WITIi OPPORTUNITY
C .
T • E • X • A S City Council Agenda Item
1'O: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: September 10, 2013
REQUESTED ACTION: Council consider a resolution approving the write-off of
uncolleetible water accounts totaling $13,016.313 for which
each individual account exceeds $1,000.
BACKGROUND
Tins request is in accordance with the City's current write-off policy as previously approved by
City Council. The policy gives Council the final authority to write-off an individual -account
rcccivable identified as uncollectible when the balance due exceeds $1,000.00. All accounts
liavc been terminated for at least one year and collection efforts have been unsuccessful. The
termination dates for these accounts range from September of 2011 through March of 2012. A
detailed report is attached.
i fat anvu me an account becomes collectible after having been written-off, the receivables of the
City will be adjusted accordingly. The balance of the account will be reinstated and payments
«gill be applied to the balance. In addition, the customer will not be able to obtain new water
service witli the City until the delinquent balance has been paid.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval 0f resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT, in accordance with adopted policy, the Council hereby approves the write-off of
uncollectible water accounts totaling$13,016.33 for which each individual accountexceeds
$1,000, as shown on Exhibit "A," attached hereto.
PASSED by the City Council of the City of Beaumont this the 10th day September,
2011
- Mayor Becky Ames -
PREPARED 9/03/13, 11:06:59 COLLECTION REPORT PAGE 1
PROGRAM, UT212L COLLECTION AGENCY - > $1000 COUNC<L APPROVAL
City of Beaumont - Customer Service
CUSTOMER ID/NAME ----------�u- ALTER-HATE CUSTOMER ID PHONE NUMBER -
MAILING ADDRESS - MISCELLAN'EO17S INFORMATION - _ _ - _ _ - _ _
LOCATION ID/LOCATION ADDRESS TRANSACTION TRANSACTION CURRENT TERMINATION TOTAL CREDIT HELD LOCATION
-)ATL AMOUNT BALANCE DA TS '.?F F'ENSES EXCEPTION
41445'3 ALLEN,TIFFANY N 4051 678-2851
3098 ROCKWELL ST
BEAUMONT 777111 7315 _ -
176134 525 VIRGINIA E ST 8I'Or i3 3..028.50 1.,028.87 i11I0t 11 8 YES
405395 ARMSTEAD,LEROY (409) 363-2256
1613 CORLEY ST APT 10
BEAUMONT TX 77701-8216
144982 1098 GOLIAD ST 8/30/13 1,163.81 1,183.81 3/07/12 13 YES
5355 COOPER,DARRELL W 010030080605 1409) 466-2272
440 GILL E ST
BEAUMONT TX 77703-3208
225410 440 GILL E ST 5/30/13 1,368.75 1,368.75 3/23/12 17 YES
414341 GREEN,LASHONA K ;,4013) 201-7754
4365 S 4TH ST APT 33
BEAUMONT TX 77705-4554
410542 1691 TURON ST A 5l3Of 1,171.78 YES
405547 GREER,TERRY WYNN 405) 20--7754 =LI�
3710 KF.NNF.TTI AVE 7-
BEAUMONT TX 77705-,71D
147194 3710 KENNETH AVE 8j-3 Or`13 1,3"78-54 1,27>i,Ga _,`S lI1:. Yr.9
79319 M71NI7EL,ISAAC 030200958606 ;409) 299-7402
5515 SPENCER DR
BEAUMONT '^X 77708-5029
409652 4150 HARDING DR B/30/13 1,108.63 1,108.63 3%15/12 i"i YES
409277 MCC,ALIN,LARRY RAY f40`3} 622-24;5
5538 COUNTY ROAD 4102
CALL TX 75933-4438
40428 9041 TRAM RD 1,557.7) 1/24/12 YES
20
3
391917 PHILLIPS,COURTNEY (405j 99A-;i?�
1858 DELAWARE ST
BEAUMONT TX 77703-4320
163078 1858 DELAWARE ST 8i 30J13 1,434.16 1,434,1- 10/18/11 19 YES
393305 RYAN'S FAMILY STEAKHOUSE (952) 533-890O
?IRE MOUNTAIN RESTAURANTS
PC ROX 7.1.1613
SAINIT PAUL 3815104260 DOWLEN N RD 8J30J13 .,533.62 1,533.6 2J 24/12 Z4 YES
395889 VOLT,BRIAN K (409) 33B-69r+9
621 SPILLWAY RD
BROWNWOOD TX 76801-0`343
PREPARED 9/03/13, 11:06:59 COLLECTION REPORT PAGE 2
PROGRAM 212L COLLECTION AGENCY > :10100 -COUNCTZ APPROVAL
Cir_y of DeaumonC - Cus4omez'
---------------------------`-----------_-------------------------------------------- --
CUSTOMER !D/NAME ALTERNATE CUSTOMER ID PHONE NUMBER
MATING ADDRESS _ - - - - - MISCELLANEOUS INFORMATION _ _ _ - _ _ _ _ _
LOCATION ID/LOCATION ADDRESS TRANSACTION TRANSACTION CURRENT TERMINATION TOTAL CREDIT HELD LOCATION
DAA' AMOUNT BALANCE DATE OFF'FNSFS F.XCFPTTON
395889 VOGT,SR.7_AN K (405) 338-C-P,9
621 SPILLWAY RD
_ RROSNWOOD TX '°6801.-^943
412596 2277 LONG 8!30113 1,15C-14 I,:S^.14 �r/?`-3/'it t6 YES
— COLLECTION AGENCY TOTA--S- N0. CF CUSTOMERS- 10 ]3,016.33 13,016.33
DELETED RECORDS .Ce .OD
D
RICH WITH OPPORTUNITY
[11'CA.111�ICI
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
ll
MEETING DATE: September 10, 2013
REQUESTED ACTION: Consider a Resolution authorizing the City Manager to
execute all documents necessary, specifically including a
License Agreement, in order for the Beaumont Police
Department to continue to maintain a Police Substation at
Parkdale Mall.
BACKGROUND
The Beaumont Police Department has had a Police Substation at Parkdale Mall for approximately
seventeen (19) years.
FUNDING SOURCE
The total fee is one dollar ($1.00).
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 all documents necessary to
continue a License Agreement between the City of Beaumont and Parkdale Mall CMBS,
LLC, by CBL&Associates Management, Inc.,forthe Police Substation located at Parkdale
Mall. 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 10th day of
September, 2013.
- Mayor Becky Ames -
I JCFNSF.AGREE\IF:N'l
Revised: 12/31/2009
Project ID# 100-451
Deal IVPC: Inline Lease ID:
Unit: H-84.8
Agreement Type: Renewal
THIS LIT,NiF is made this _dac of 20_,by and between P.�RKDALI:
(7'\3S LLC by CBL&_Associates Management Inc.,its managing agent,("Licensor")and City of
Beaumont ,a(n)Government Entity-Incorporated in the state of 'I exas,having offices at 225 College St,
Beaumont TX 77701 _Attu: Kyle Hayes.Phone: 409-880-3801.Pax:409-880 38441("Licensee").
It is understood and agreed that this Agreement is,and is intended to be a License,granting the
Licensee permission to engage in certain acts upon the Licensor's premises, subject to the terms,
conditions and limitations set forth herein. Licensor does not grant Licensee anv permanent interest in
Licensor's premises,land,building or other realty-whatsoever,nor shall any other relationship between the
parties,including,but not limited to that of landlord and tenant be implied or created be virtue of this
:Agreement. The License granted by this .-\greement may not be sold, assigned, transferred,mortgaged,
pledged or transferred by Licensee.
In consideration of the agreements set forth herein the parries agree
I- License Area Licensee's rights,duties and obligations under this_\greement shall be limited
to the specific area containing approximately 800 senate feet of floor area, as identified on Exhibit_A,
attached hereto and made a part hereof ("License :Area"), in Parkdale Mall Beaumont TX, "I'he
"Shopping Center") located at 6155 Eastex Freeway-,Suite 200,Beaumont,TY 77706-6797 (Payment
remittance address: PARKDALE MALL CMBS,LLC, P.O.Box 74942, Cleveland,OH 44194-
4942). Licensee shall have no right to use am,other area of Licensor's premises, other than common
areas open to the general pubic.
_. Duration: Licensee's rights under this_Agreement shall commence on the earlier of: (a)
10 1 2013_or(b)the daV Licensee opens(the"Commencement Date"),and shall end on 9/30/2014(the
`Expiration Date"), unless the Licensc referenced in this Agreement is revoked earlier by Licensor.
Licensor :ha,I not be liable to Licensee in damages or otherwise for:my delay in the Commencement
Date,regardless of cause.
"'Licensor or Licensee mac rccoke this License ,Agreement at any-time,Ntith or w thou[cause,and wth
sixn-(60)dacs tick-ance written notice.
3. Use: The License .Arca shall he occupied and used by the Licensee as approved be mall
management eolelc for the purpose of using the premises as a police department substation for shift
changes,report writing,phone work etc.The premises shall not be used as a jail and for no other
Purpose whatsoever.
Licensee shall store and/or stock in the License Arca only such merchandise as Licensee is
permitted to offer for sale in the License .Area pursuant to this License. Licensee shall not violate
applicable federal,state,and local laws prohibiting the sale or display of products,which infringe on the
trademarks or copynghts of others.
4. D/B/A�Licensee shall occupy and use the License .Area wider the trade name of Police
Substation «Inch shall not be changed utithout Licensor's prior written consent.
5 Fees: Licensee shall pay Licensor,without notice,demand or setoff,at the property office or
such other location as Licensor may epecify,by certified check or money-order on or before the start
date of this agreement and on the first day of each month thereafter:
Unit Start Date End Date Fee Total Fee
(t)Minimum Pcc(s): 11 848 10/1/2013 10-1/2013 SL00 $1.00
In additior to the"Total Minimum Fee set forth above,Licensee shall pay to Licensor,the following fees
in accordance with the schedule set forth below:
Description Fee Frequency Start Date End Date
Additional
Fee's
6. Damage Deposit: Licensee deposits herewith the sum of $0.00,due upon Licensee execution
unless otherwise noted_ (Waived), as a damage deposit which shall be applied towards fees and other
charges due under this Agreement and as a surety for the performance by Licensee of the terms of this
License under which Licensee may be in default or for any sum which Licensor may expend by reason
I
EXHIBIT "A"
of Licensee's default in respect of any of the terms of this License including any damages which mac
result to the License area. VVithin thirty(30)days after the expiration of the term of this License there
shall he an accounting with payment to Licensor or reimbursement to Licensee,as the case may he,of
the aforesaid sum. In the event this license is terminated, the damage deposit will be returned to
Licensee afr,r deducting any sums due Licensor.
14 Lieensee shall fail to __..v..sn�,payment to Lieenser when titte,Licensee sititil pity Li
line teak
1..__t:.__aI"
et}VttYfReF�tM3t
htrtby agr-- , to pfty Lieettgar S400.00 per day as liquidated darnagts,
renod
.ff
cri-nm.ec�rn"'rlil nee,
7,Ttle`i 1 _„__,... ..L_ll deliver I:.,.__,._ i_.. i2.11ll p.__ �.._ the \1oid y F,_ll._._.:-_,_,. eh ..,,1-_-id.r
_I_.L_ • , Rriunt
rtogs Sales-and revertueg with gales verifiea6mfl,signed by bteensee. if the 1�eense
Areit f_..1_
tefeRttCi)-HRth
sales vertfieatioft signed by 1-teensee on the last day(if 14eeri,lte's oet"Parley of.. Sales and
.ifi-iEC+: ,
- wher feiiiedies,
4�e�erf""Gross Sftles"--ms the selling 13fiee of Al niefeh4ndtse sold fir delivered in, i.........
firom fit .f a. Lie _ _ 1
eollee tion s'-tt ,
ri-,nr�xr�-vc>n`>--tf
pttrehiser-
2'ietSefR!t-t ,
__...1__of r:...,._see) A 4_le,.1_.11 be,1,.,..__ed to lie n.,.,a in the r:,.,rise At eA:F.".,fifde-
]Eeep at its , .. -
1_....L Q,._.J_d-..e11:. .
w 'I" 4
.....v-rev--Lieeftsi•r.n.1 the....st f di _..,.._n_tion or,.udtt
1). Relocation:Licensor reserves the right to move,relocate,adjust or substitute the I.ICcnSC-Area,
in Licensee's sole discretion. Licensor shall make every reasonable effort to do so in such a way as to be
least disrupriv�-to Licensee's business operations.
IU. Revocation-The License granted by virtue of this.Agreement mac be revoked by Licensor,in
Licensoe's s-lle discretion for any reason, including, but not limited to the Specific Grounds for
Revocation as set forth in Paragraph 14 hereof, upon not less than twenty four (24) hours nonce to
Licensee. Licensee shall not be entitled to reimbursement or compensation for anc purported damages
or losses sust tned as the result of anv such revocation by Licensor.
f .L'
d4miage re-Ati} - for irtjurit4 to persons or upon the 14tense
ft. ti e .
S74')2l')SHtF-AR}insttfanee relietes I ippnqnr nd any designees ef Lieeitser,
An _d .
e rte xat +€a.
1,teettse,1 i _
i-2, ind enin i t'!'Starting on the 6ate hieensee first --F—Fhe 4,ieeitse Area,hieensee shall
6idetflrtify-aftd hold hieenser,its parews,subsidiaries and affiliates Itarinitss from and against all Atinis,
scant-, lfr`fi+. ,
t4smage, tit of Person,
fesulting 1 ,
rltr -:iil-e :, ._
13. Liability of Licensor: Licensor shall nor he responsible or liable for, and Licensee hereby
expressly waives,all claims against Licensor for injury to persons or damage to Licensee's property on ncc
License_1-ea,regardless of the cause Licensee's property in the 1_icense Area or die Shopping Center
shall be there at Licensee's sole risk Licensor, its agents, and employees shall not be liable for, and
Licensee waives,all claims for loss er damage to Licensee's business or damage to person or property
sustained by Licensee or any person claiming by,through or under Licensee resulting from anv accident
or occurrence in, on, or about the License ,Area or any other part of the Shopping Center, including,
without h:. irltion, claims for loss, theft, or damage resulting from (1) equipment or appurtenances
becoming out of repair; (ii)injury done or occasioned be wind or weather; (iii) any defect in or failure to
2
operate, for whatever reason,any sprinkler,heating,or air-conditioning equipment,electric wiring or rile
installation th(:reof,gas,water,or steam pipes,stairs,porches,railings,or walks; (iv) broken glass;(v) the
backing up of any sewer pipe or downspout-, (vi) the bursting, leaking, or running of any tank, tub,
washstand,water closet,waste pipe,drain, or other pipe; (vii) the escape of steam or water; (viii) water,
snow,or ice being upon or coming through the roof,skylight,trap door,stairs,doorways,windows,walks,
or any other place upon or near the Shopping Center;(ix)the falling of any fixture,plaster,tile,stucco,or
other material;(x)any act,omission,or negligence of other licensees or anv other persons or occupants of
the Shopping';enter or of adjoining or contiguous buildings,of owners of adjacent or contiguous property,
or the public,or by operations in the construction of any private,public,or quasi-public work;or(xi)any
other cause of any nature. To the maximum extent permitted by law,Licensee agrees to use and occupy
the Liccnsc.Arca,and to use such other portions of the Shopping Center as Licensee is herein given the
right to use,at Licensee's own risk.
14. Specific Grounds for Revocation: If, (a) Licensee fails to perform anv of the terms,
conditions,or covenants of this License;or(h)in the event there shall be filed by,or against,Licensee in
any court pursuant to any statute,either of the United Stares or any State,a petition (1)in bankruptcn', (ii)
alleging insolvency, (iii) reorganization, (iv) appointment of a receiver, !v) any arrangement of the
bankruptcy at is, or a similar type of proceeding; or (c) Licensee fails to pay, when due, any payment
required hereunder;or(d)Licensee abandons or vacates the License area;or(e)in the event of any other
default by Licensee;then in any such event Licensee's rights hereunder shall cease and,Licensor mry at
its option(1)have the right to immediately revoke and terminate this License,and upon demand Licensee
agrees to immediately surrender possession of the License area to the Licensor; (2) make demand for
immediate payment of all current and future rent and any other monetary obligations due hereunder;(3)re-
enter the License Area and remove all persons and/or anv property therefrom,by am suitable action or
proceeding at law. _1ll rights and remedies of Licensor herein or at law and in equity are cumulative. If
Licensor,at its sole discretion,determines it is necessary to engage attorneys to enforce Licensor's rights
hereunder,Licensee will reimburse Licensor for reasonable attorney's fees and court costs. With respect
to any litigation ansing out of this license Agreement,Licensee hereby expressly waives the right to a trial
In jury and the right to file noncompulsory countersuit or crosschrim against Licensor.
15. Obligations Upon Revocation: Upon sen-icc of the notice required by above Paragraph 10,
Licensee shall: (a) remove all of Licensee's property,including,but nor limited to inventory and trade
fixtures from Licensor's premises within the time period set forth in the notice; (b) upon demand of
Licensor, par all current and future charges due under this :Agreement; (c) reimburse Licensor for all
reasonable attorney fees and court costs incurred as the result of Licensor enforcing its rights under this
_Agreement. Licensors rights and remedies under this Agreement arc cwnulative and Licensor's failure to
assert any claim allowed under this,Agreement at any time shall not be construed as a waiver of the s:unc.
16. Damage: 'I1us License shall be revoked automatically if any portion of the License Area
is damaged by fire or other peril, regardless of the cause. Licensee shall have no recourse against
Licensor as a result of damage due to fire or anv other peril.
1-. Lia ifl : Thcre shall be no personal liability of Licensor with respect to this License. if
a breach b't Licensor occurs,Licensee shall look solely to the equity of Licensor in the Shopping Center
for ill,satisfa,_tion of Licensee's remedies.
I6- Provisions: Licensor is or may be a party to certain documents,as amended from time to
time, with a mortgagee or beneficiary of Licensor, department stores, mall tenants, and others- '11is
License is aubCct and subordinate to all the provisions in those documents,as upended from time to time.
17. Terms of Agreement 'Phis Liccnsc contains all the covenants, promises, agreements,
conditions, and understandings between Licensor and Licensee. There are no other, either oral or
written,beml.en them other than those set forth in this License.
20. -C blgation upon Expiration: Upon the Expiration Date of this-lgreennent,Licensee shall
immediately remove all of Licensee's property-,including,but not limited to inventors and trade fixtures
from Licensor's premises and otherwise return the License-Arca to the same condition as it existed at the
Commencement Dare hereof. If Licensee shall fail to do so,Licensor shall be entitled to additional fees
equivalent to one hundred twenty five percent(125%)of the total aflnitmmn Fee specified in Paragraph i
hcrcot,assessed in daily increments as one-thirtieth (1/30) of the total monthly amount. Licensee shall
also rutnbunc Licensor for am, court costs and reasonable attorney fees incurred as the result of
Licensee's failure to vacate the License area upon the Fspiration Date as set forth in Paragraph 2 hereof.
21 Liability of Licensor: 1 he term "Licensor" means only the owner or mortgagee in
possession for the time being of the building in which the Liccnse -Arca is located or the owner of a
leasehold interest in said building and/or the land thereunder so that in the event of sale of said building
and/or an assignment of this Liccnse by Licensor, and/or a demise of said building and/or the land,
Licensor shall be and hereby is entirely freed and relieved of all obligations of Licensor hereunder and it
shall be d cnted without further agreement bemveen the parties and such purchaser(s), assignee(s), or
lessee(s) that the purchaser, assignee, or lessee has assumed and agreed to observe and perform all
obligations of licensor hereunder.
It is specifically understood and agreed that there shall be no personal hability of Licensor(nor
Licensor's agent,if anv)in respect to am'of the covenants,conditions,or provisions of this Agreement:in
3
the event of a breach or default by Licensor of any of its obligations hereunder,Licensee shall look solck
to the cquiiv of the Licensor in the Shopping Center for the satisfaction of Licensee's remedies.
In addition hereto, it is specifically understood and agreed that Licensee's rights, privileges,
duties, and obligations may be administered by Licensor's designee, including, but not limited to,
Licensor's agent,and that such designee shall have the full authonty of Licensor hereunder to perform all
of Licensor's functions hereunder including,but not limited to, the execution of this License and anc
other related documentation.
22. Mon-Waiver Provision: The failure of Licensor to insist upon performance of any
of the terns,conditions,and covenants hereof shall not be deemed to be a waiver of any rights or remedies
that Licensor mac have and shall not be deemed a waiver of any subsequent breach or default in the terns,
conditions.ant covenants herein contained.
23. Binding Agreement: This.Agreement may not he modified in any manner other than by a
written agreement signed by Licensee and Licensor,or any successor,designee,or assignee of Licensor.
The terms. conditions and covenants set forth herein shall inure to the hercfit of and be binding upon
Licensee and Licensor,or am successor,designee or assignee of Licensor.
24. Dlesign Requirements: All costs and expenses (including permits or licenses)
attributable to the construction of the license Area by Licensee shall be borne by Licensee. Licensee
shall not commence construction of the License Area without first obtaining Licensor's approval of the
location and design,nor prior to the execution of this License Design criteria for the construction of the
License Area arc:
a. The kiosk/pushean: structure shall be limited to counter units with no overhead
obstructions that inhibit the visibility of tenants, licensees or other occupants in the
Shopping Center. Counter units shall not exceed 48"in height.
b- The kiosk/pushcart structure,ifloeated in an open door area,shall not be anchored into
the floor or other part of the Shopping Center structure. An area width of no less than
twelve feet (12'0") minimum shall he maintained on All sides of the kiosk/pushcart
subject to traffic flow.
\y'ater service and special l IV'.AC Svsterns are not available. I(eating,venting,and Fire
Protection Systems shall be that which is provided to common areas in the Shopping
Center.
A. Design criteria for all signs to be utilized at the License Area, kiosk/pushcart size,
construction, finish materials, and special equipment shall be evaluated specifically for
each individual licensee. Licensee shall submit plans for Licensee's review and
approval prior to construction and shall include pictures of anc existing units of
Licensee's.
Licensee shall prepare its plans and perform all work to comply with all applicable
governing statutes,ordinances,regulations,codes,and insurance rating boards,and shall
apply for all necessaev permits. Licensor's approval of Licensee's plans shall not
relieve Licensee of its obligation to complete the development in accordance with this
License,not does it relieve Licensee front complying with laws,rules,regulations,and
requirements of local governing authorities- Certificates of occupancy and waivers of
hen from Licensee's contractor,all subcontractors and material men shall be filed with
Licensor upon completion of work.
f- Set up and tear down of kiosks/pushcarts shall take place when the Shopping Center is
not open for business, unless Licensor has agreed otherwise in writing. For ill line
space,set up may take place during mall hours, as long as it does not interfere in any
manner,including noise or dust,with mall business and the comfort of file patrons. _1
black drape or equivalent,provided by Licensee,must be covering the entire storefront,
as to keep the interior design concealed until reads for business.
2�. Permits:if there are any licenses,authorizations,or permits regtured by any governmental agencc
or authority for the type of activity to be carried on at or for the use of the License.Arca,Licensee shall be
responsible for obtaining such. No unlawful activities shall be permitted in the use of the License Arca.
The consumption or sale of alcoholic beverages on or from the License.Arca shill not he permitted.
26. Visual Merchandising: Licensee shall comply with the visual merchandising standards of
Licensor. Licensee understands and agrees to implement visual merchandising recommendations of
Licensor and change visual merchandising presentation as requested be Licensor.
2-- gating Requirements:Licensee shall observe all Operating Rules for the Shopping Center
and Licensee's occupancy therein which Licensor may promulgate from tine to time,including but not
limited to
4
a. Licensee shall use and OCCUPY the License Area in a careful, safe and proper
manner and shall keep the License area in a clean and safe condition in accordance
with this License,local ordinances,and the directions of public officers.
b. All signage located in and upon the License Area shall be approved by
Licensor prior to installation or placement- All signs,placards,banners,pennants,
or other advertising matter shall be prepared in a professional manner and in no
event shall be handwritten. Licensee shall display an approved sign depicting its
approved trade name.
Sign Criteria: Signs are to he furnished and installed by Licensee and
approved by an agent for Licensor. Licensee's sign contractor
or architect must submit a black and white rendering(specifying
PTfS colors) of Licensee's sign prior to approval. Licensee's
sign shall he located within the limits of Licensee's storefront
and shall not project more than 8" heyond the storefront if the
Shopping Center is an enclosed mall, and not more than 12"
beyond the storefront if the Shopping Center is a strip center.
Sign Size:
Malls:
Up to 30'storefront. f.apuals 18"
Lower Case 12"
30' 1"and greater: Capitals 24"
Lower Case 18"
Strip Centers:
Up to 30'storefront: Capitals 24"
Lower Case 18"
30-1"and greater: Capitals 30"
Lower Case 24"
The lengru of Licensee's sign shall he limited to ?0°:0 of Licensee's
storefront.
C, Licensee shall not display merchandise on or outside the boundaries of the
kiosk;'pushcart structure The outside areas immediately adjoining the License_Area
shall be kept clear at all times by Licensee,and Licensee shall not place nor permit
any obstructions,garbage,refuse,merchandise,or displays,or racks,in such areas.
d. All loading and unloading of goods shall be done only at such times, in die
areas,and through the entrances designated for that purpose by Licensor.
C. All garbage and refuse shall be kept in the kind of container specified by
Licensor,and shall be placed and prepared for collection in the manner and at the
rimes and places specified by Licensor. If Licensor shall provide or designate a
service for picking up refuse and garbage,Licensee shall use same at Licensee's
cost. Licensee shall pap the cost of removal of any of Licensee's refuse and
garbage, and maintain all common loading areas in a of
manner satisfactori to
the Licensor. Licensee shall use any trash compactor Licensor provides for rile
general use of Licensee or licensees in a designated area of the Shopping Center.
Nomlihstanding the foregoing provision, if Licensee qualifies as a generator of
medical waste, then Licensee shall he solely responsible for causing comphance
with all federal, state and local lams, whether existing now or established in the
future, relating in any way to the storage, containment, treatment, transfer,
transportation md disposal of medical waste(including the use of licensed medical
waste management companies), and shall hold Licensor harmless for Licensee's
noncompliance or violations thereof. For purposes hereof,"medical waste"means
any solid,semisolid or liquid waste,which is generated in the diagnosis, treatment
(e.g.,provisions of medical services)or immunization of human beings or animals,
in research pertaining thereto, or in the production or testing of biologicals.
"Generator' means any person or entity whose act or process produces medical
waste as hereinbefore defined.
f. No loudspeakers, televisions,phonographs, cd players, DVD players, cassette
plavers,rachos,flashing lights,or other devices shall he used in a manner so as to be
heard or seen outside of the License Area. No electronic or communication devices
shall be used in the License Area nr in connection therewith which interrupt or
interfere with the use and enjoyment of electronic or communication devices of
other occupants of the Shopping Center or of the neighborhood in which the
Shopping Center is located.
g. Licensee shall not conduct or permit any fire, bankruptcy, relocation,
liquidation, retirement, moving, auction, or"going out of business" sale (whether
real or fictitious) in the License _Area, or utilize any unethical method of business
5
operation. Licensee shall not use the License Arca as a clearance, outlet or
wholesale center.
h. Licensee shall not carry-on any trade or occupation or operate any instrument
or equipment, which emits an odor or causes a noise discernible outside of the
License Area.
1. Licensee shall not distribute any handbills or other advertising matter in the
Shopping Center or on automobiles parked in the parking areas of the Shopping
Center.
Licensee and Licensee's employees shall not park their cars in those portions
of the parking area designated for customer parking by Licensor. If Licensee or
Licensee's employees'park in portions of the parking area designated for customer
parking,Licensor may,in addition to its other remedies,have such cars removed it
Licensee's expense.
k. Licensee and Licensee's cmplovces shall maintain a near and appropnate
appearance and dress,and are expected to operate in a dignified,ethical,manner.
1. Licensee shall display its customer sales return policy.
in. Licensee shall not permit loitering;it the License area.
n. Licensee shall furnish Licensor with emergency telephone numbers and a
forwarding address.
U. Due to the lack of on site storage facilitics,acquisition of outside storage shall
be Licensee's responsibility-.
p. Licensee ;hall be sOICly responsthle for policing its location against theft,loss,
or damage to its kiosk pushcart and/or merchandise Under no circumstance shall
Licensor be held liable for such theft,loss,or damage
28. Conduct: Licensee shall at all times during its occupana of the license Area provide
sufficient supervision and maintain adequate control of its cmplm ces,guests,and invitees.
29. Removal: Licensee shall at the Expiration Date or earher revocation of tlus License
remove its goods and effects, repair any damage caused by such removal, and peaceably yield up the
License Aica clean and in good order,repair,and condition. Personal property-of Licensee not removed
within two(2; days of such Expiration Date or earlier revocation shall become the property of Licensor,at
Licensor's option without liability-to Licensee therefore.
3o. Conduct and Alterations: Licensee shall not harm the License Area, commit waste,
create nuisance,make any use of the License Area which is offensive in Licensor's sole opinion,nor do
any act rending to injure the reputation of the Shopping Center. Licensee shall not make alterations or
Additions to the License area,nor permit the making of holes in the walls,partitions,ceilings,or floors,nor
permit the painting or placing of exterior signs,placards,or other advertising media,banners,pennants,
awnings, aerials, antennas, or the like in or on the License :Area, without the prior written consent of
Licensor which may be withheld in Licensoe's sole discretion. Licensee shall comply- with all Taws,
ordinance_,o--ders,and regulations affecting the use or occupancy of the License area.Licensee shall not
violate applicable federal and state laws prohibiting the sale or display of products,which infringe on the
trademarks of copyrights of others.
31. Condition of License Area: Licensee has inspected the license Arca,and accepts it °as
is" w th no representation or warranty by Licensor regarding the condition of the License area or its
suitability For Licensee's use or occupation(hereof. Licensor has no ohligation to repair the License Area
unless the obligation is set forth in this License.
32. Hours of Operation: the License Area shall remain open for business at all times
designated by Licensor. Licensee shall operate in the entire license Area continuously and
uninterruptedly while this License is in effect,and in a first class manner.
33. Hazardous Material: Licensee shall not cause or permit any hazardous material to be
brought upon,stored,kept,used,or discharged on or about the License Area.
31. Access to License Area: Licensor may enter the License Arca at Any rime.
3_�. Condition of License Area Licensee shall maintain, at its sole cost and expense, the
License.Area in good condition and make all necessan-replacements and repairs to the License Area except
for strucn.ral repairs. In addition to all other remedies of Licensor,if Licensee does not complete its
obligations to repair and maintain the License Arca,or if Licensor,in the exercise of its sole discretion,
determines that emergency repairs are necessary,or repairs or replacement of any.portion of the License
Area or d Shopping Center are made necessary by anv act,omission, or negligence of Licensee or its
6
agents, employees, contractors, or assignees, then in any such event, Licensor may make such repairs,
maintenance, or replacements without liability to Licensee for anv loss or damage that may accrue to
Licensee,its merchandise,fixtures,or other property,or to Licensee's business by reason of such repair,
maintenance,or replacement. Upon completion of any such repair,maintenance,or replacement Licensee
shall pay upon demand, as additional fees, Licensor's costs for making such repairs, maintenance, or
replacements together xvith Licensor's administrative costs related thereto which amount shall equal 1.5
times the total cost of the repair,maintenance,or replacement. Furthermore,Licensee shall immediatell
notifv Licensor of any defects or unsafe conditions in the common areas immediately adjacent to the
License_lrca.
_ a.._
cmmc.vcnce ..
manner bfpayf"eftf offees and All items tL, !,ic'c+rsc....._.., 1 e* .l_. .1.._..tiori .Ctl_, 1 ..n_. _4 Al otL__..._f,. ._..1 _arKht:.._ herein.
3-. Nonptohibited Transaction Representation: licensee hereby represents and warrants
to Licenso:that Licensee is not,and shall not become,a person or entity with whom Licensor is restricted
from doing business with under regulations of the Office of Foreign asset Control("OF-NC")of the
Department of the Treasury-(including,but not limited to,those named on OFAC's Specially Designated
and Blocked Persons hst)or under any stature,executive order(including,but not limited to,the September
24,2001,lsecutivc Order Blocking Property and Prohibiting Transactions With Persons\Vho Commit,
Threaten to Commit,or Support Terrorism),or other governmental action and is not and shall not engage
in ant-dealings or transaction or be otherwise associated with such persons or entities.
IN CCTT11 S`,WHEREOF,the parties have executed this.lgrecment on the day and_year first above
w h
ntten,ea�_ acknowledging receipt of an executed copy hereof.
LICENSOR:
J'AlZ ALE,M,U,I.CMBS.LLC_by C131,&
associatesManagement.Inc._manai%nu
13y:
Print Name: Kurt Lundgreen
Its:_Authonzed SiptatoQ
Date
LICENSEE.
Citv of Beaumont
7L'a'pp0wg
Print Nanhc: Kyle I lam
Its
Date:
PERSONAL GUARANTOR:
SS#.
13y:
Print Name:
Dale:
7
E
RICH WITH OPPORTUNITY
T • E • X • A .,s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Anne Huff, Fire Chief
MEETING DATE: September 10, 2013
REQUESTED ACTION: Council consider a resolution authorizing the City Manager
to apply for and receive grant funds, and to enter into an
agreement with the Texas A&M Forest Service
(TFS)—Texas Interstate Fire Mutual Aid System (TIFMAS)
for a Wildland/Urban Interface Fire Apparatus.
BACKGROUND
This grant request is for a standardized National Wildlife Coordination Group (NWCG) Type III
or VI fire apparatus that would replace a 1984 model brush truck that has become obsolete. The
objective of the TIFMAS apparatus grant program is to strategically place standardized
firefighting assets within each of seven TFS administrative units. The grant-funded apparatus are
staffed and managed by local fire departments and may be mobilized by the State for regional and
statewide emergencies. Use of the apparatus will be governed by the terms set forth in
the Supplemental Terms and Responsibilities Agreement between the TFS and the City.
FUNDING SOURCE
TFS--Texas Interstate Fire Mutual Aid System (TIFMAS), 100% grant funded.
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
through the Texas A&M Forest Service (TFS)-Texas Interstate Fire Mutual Aid System
(TIFMAS) for a Wildland/Urban Interface Fire Apparatus vehicle; and,
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute
all documents necessary to apply for and accept said funding; and,
BE IT ALSO RESOLVED THAT the City Manager be and he is hereby authorized
to execute a Supplemental Terms and Responsibilities Agreement with Texas A&M Forest
Service for administration and the terms and responsibilities related to the TI FMAS vehicle.
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 10th day of
September, 2013.
- Mayor Becky Ames -
T11_E_X1A.S__A_&M
FOREST SERVICE
CASE#_
SUPPLEMENTAL TERMS AND RESPONSIBILITIES AGREEMENT
TEXAS INTRASTATE FIRE MUTUAL AID SYSTEM
(TIFMAS) GRANT ASSISTANCE PROGRAM
Mobilization of local resources to respond to statewide emergencies is of great concern.
The 81 st Texas State Legislature passed Senate Bill 1011 in 2009. The law amended
portions of the statute governing the Texas Commission on Fire Protection ("TCFP").
One of the amendments changed the TCFP Fire Department Emergency Program
(FDEP). By statute, the Fire Department Emergency Program was abolished effective
January 1, 2010 and all funds and loan obligations of the former FDEP were transferred
to the Texas A&M Forest Service, a member of The Texas A&M University System and
an agency of the State of Texas ("Service"). The Service will use a portion of these
funds to acquire fire and rescue apparatus to support the Texas Intrastate Fire Mutual
Aid System ("TIFMAS").
Through the TIFMAS Grant Assistance Program (the "TIFMAS Grant Program"), the
Service considers applications for participation in the TIFMAS Grant Program and will
provide certain response apparatus ("TIFMAS Vehicle(s)") to cooperators in the
TIFMAS Grant Program.
In consideration for the provision of TIFMAS Vehicle(s), of
County, Texas, ("Cooperator"), agrees to the terms and conditions set
forth herein.
This agreement describes the Service's statutorily required administration and the terms
and responsibilities of Cooperator related to TIFMAS Vehicle grants under the TIFMAS
Grant Program. The terms and responsibilities of Cooperator outlined in this agreement
will be in effect for the entire time Cooperator owns the TIFMAS Vehicle. Upon grant
award, the following shall apply:
Service Authority and Responsibilities:
1. Service shall provide a standardized TIFMAS Vehicle titled in the name of
Cooperator under the following conditions:
a. TIFMAS Vehicle will be provided under a one-hundred percent grant
administered by the Service. The vehicle will be acquired on behalf of the
Cooperator from a vendor selected by the Service.
b. Specifications for TIFMAS Vehicle will be developed by Service.
c. TIFMAS Vehicle will include loose equipment per Service specifications.
EXHIBIT "A"
TIFMAS GRANT ASSISTANCE PROGRAM
TIFMAS VEHICLE GRANTS
Page 2of5
2. Service will perform an inspection after the TIFMAS Vehicle has been purchased
and delivered and will document the vehicle on a TIFMAS Vehicle Equipment
List, signed by both parties.
3. Service will perform occasional inspections of the TIFMAS Vehicle to ensure the
Cooperator is fulfilling its obligations in accordance with this agreement.
Cooperator Responsibilities:
1. Cooperator shall take possession of TIFMAS Vehicle at a time and location
mutually decided on by Service and Cooperator.
2. Cooperator shall facilitate an initial inspection of the TIFMAS Vehicle by the
Service and sign the TIFMAS Equipment Vehicle List provided by Service.
3. Cooperator may add additional loose equipment to the TIFMAS Vehicle, but may
not alter or change the original specification of the TIFMAS Vehicle. All
additional !loose equipment added by Cooperator shall remain the property and
responsibility of the Cooperator.
4. Cooperator may use the TIFMAS Vehicle only for the following:
a. Local and Regional Mutual Aid Incidents.
b. Local/Regional Multiple Alarm Incidents.
c. Emergency events threatening properties vital to National Defense,
Critical Infrastructure or Important Military Installations.
d. Local community events (parades, displays).
e. Training of firefighters.
f. Temporary standby for Cooperator's regular apparatus while out of service
for repairs. Cooperator shall notify the Service if the standby period is
expected to exceed 90 days.
5. Cooperator shall house, maintain, operate, and repair the TIFMAS Vehicle in
order to ensure a high state of readiness at all times.
a. Cooperator shall house the TIFMAS Vehicle on the property of the
Cooperator and Cooperator shall provide reasonable protection against
weather, vandalism, theft, or damage.
b. Cooperator is responsible for all costs of operating, maintaining, and
repairing the TIFMAS Vehicle.
6. Cooperator shall staff TIFMAS Vehicle with trained and qualified personnel when
dispatched to any regional or statewide assignment, and shall provide for
personnel rotation or replacement when the TIFMAS Vehicle is needed on
assignments of extended duration.
7. Cooperator shall carry vehicle liability insurance for the TIFMAS Vehicle and
provide proof of insurance coverage to the Service annually. The insurance
TIFMAS GRANT ASSISTANCE PROGRAM
_ TIFMAS VEHICLE GRANTS
Page 3 of 5
liability limits must be equal to or greater than the State of Texas minimum
amounts.
8. Cooperator shall operate and maintain each TIFMAS Vehicle in a roadworthy and
legal condition, with a current state inspection decal, and within the posted Gross
Vehicle Weight Rating (GVWR) of the chassis as stated by the manufacturer.
9. Cooperator shall notify the Service if the TIFMAS Vehicle is not available and
cannot respond to a TIFMAS authorized deployment.
General Provisions:
1. The TIFMAS Vehicle will be titled in the name of the Cooperator.
2. Service provides the TIFMAS Vehicle "as is" and disclaims any implied
warranties, including any warranty of merchantability or fitness for a
particular purpose.
3. Cooperator grants the Service a first-priority security interest in the TIFMAS
Vehicle and all equipment provided with the TIFMAS Vehicle and all related
proceeds, including insurance payments.
4. If the Cooperator does not fulfill its obligations under the TIFMAS Grant Program,
upon written demand from the Service, Cooperator shall immediately deliver the
TIFMAS Vehicle and transfer its title to another fire department of the Service's
choice. Cooperator shall promptly execute all title transfer documents and perform
any other acts deemed necessary by the Service to transfer title to the TIFMAS
Vehicle. If Cooperator fails to deliver the TIFMAS Vehicle as provided in this
Agreement, the Service may, in addition to any other remedies provided by law,
enter onto Cooperator's premises where the TIFMAS Vehicle is located and take
possession of the TIFMAS Vehicle.
5. The Service shall have the right to inspect the TIFMAS Vehicle at any time.
6. Deployment and reimbursement for use of TIFMAS Vehicle under a TIFMAS
deployment shall be in accordance with Appendix 6 — Annex F of the State of
Texas Emergency Management Plan. There are no provisions for reimbursement
from the Service to the Cooperator on any mutual aid assignment.
7. Cooperator may not assign, pledge, encumber, or hypothecate the TIFMAS
Vehicle or grant any other security interest in the TIFMAS Vehicle.
8. If the Cooperator chooses to end its participation in the TIFMAS Grant Program,
Cooperator shall give Service 14-days prior written notice. Upon termination of its
participation, all TIFMAS Vehicles, equipment, and titles will be transferred to
another fire department of the Service's choice. Cooperator shall not alter the
TIFMAS Vehicle in any way prior to transferring the TIFMAS Vehicle. The
Cooperator will be liable for all loss of or damage to the TIFMAS Vehicle, normal
wear and tear excepted.
TIFMAS GRANT ASSISTANCE PROGRAM
TIFMAS VEHICLE GRANTS
Page 4 of 5
9. The primary points of contact for each party shall be as follows:
Cooperator Service
Texas A&M Forest Service
P.O. Box 310
Lufkin, TX 75901
Attn: Emergency Services Grants Unit
Tel: (936) 639-8130
Fax: (936) 639-8138
Contracting parties shall notify each other of any changes in the above. Any
notices regarding violations or termination shall be made in writing to the point of
contact.
10.Performance by the Service under this agreement is dependent upon the
appropriation and allotment of funds by the Texas State Legislature (the
"Legislature"). If the Legislature fails to appropriate or allot the necessary funds,
the Service shall issue written notice to Cooperator and the Service may
terminate this Agreement without further duty or obligation. Cooperator
acknowledges that appropriation of funds is beyond the control of the Service.
11.Cooperator understands that pursuant to Section 51.9335(c) of the Texas
Education Code, the state auditor may audit purchases of goods or services by
an institution of higher education or by a component thereof that purchases
goods and services. Cooperator shall cooperate with the state auditor in the
conduct of an audit or investigation, including without limitation, providing all
records requested.
12.Cooperator expressly acknowledges that the Service is an agency of the State of
Texas and nothing in this Agreement waives or relinquishes by the Service of its
right to claim such exemptions, privileges, and immunities as may be provided by
law.
13.Cooperator shall use the dispute resolution process provided in Chapter 2260,
Texas Government Code, and the related rules adopted by the Texas Attorney
General pursuant to Chapter 2260 to attempt to resolve any claim for breach of
contract made by Cooperator that cannot be resolved in the ordinary course of
business. Cooperator shall submit written notice of a claim of breach of contract
under this Chapter to the Associate Director for Finance and Administration of the
Service, who shall examine Cooperator's claim and any counterclaim and
negotiate with Cooperator in an effort to resolve the claim.
TIFMAS GRANT ASSISTANCE PROGRAM
TIFMAS VEHICLE GRANTS
Page 5 of 5
Acceptance of Terms and Responsibilities
Cooperator
Signature
Title (Please Print}
Date
Ft IC'ff 4& IT ff 0 P f 01"t'I UNI I
r
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS SEPTEMBER 10,2013 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 3-6/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider an ordinance approving a specific use permit for a metal sand blasting
and coating facility in a C-M (Commercial-Manufacturing) District at 745
Chamberlin Drive
2. Consider an ordinance approving a specific use permit for an automotive repair,
paint and body shop in a GC-MD (General Commercial-Multiple Family
Dwelling) District 5115 and 5125 Seale Road
3. Consider an ordinance amending Section 22.02.001, Water Service Rates and
Section 22.02.002, Wastewater Service Rates of the Code of Ordinances to
increase rates by six percent (6%) effective October 1, 2013
4. Consider a resolution approving annual contracts to multiple vendors for the
purchase of various traffic marking materials
5. Consider a resolution approving the purchase of two Ford F 150 trucks, two
Ford F550 trucks and two excavators for use in the Water Utilities Department
6. Consider a resolution approving a change order to the contract with Brystar
Contracting, Inc., related to the Wastewater Treatment Plant Holding Pond Project
and Dredging of Ponds 1 and 2 Project
PUBLIC HEARING
Receive comments on the 2013 (FY 2014) Proposed Tax Rate
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.
I
September 10, 2013
Consider an ordinance approving a specific use permit for a metal sand blasting and coating
-facility in a C-M (Commercial-Manufacturing) District at 745 Chamberlin Drive
RICH WITH C.)PPORTUNITY
r rk
.
T • E • X • A •S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
515
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: September 10, 2013
REQUESTED ACTION: Council consider an ordinance approving a specific use permit
for a metal sand blasting and coating facility in a C-M
(Commercial-Manufacturing) District at 745 Chamberlin
Drive.
BACKGROUND
Wade Abercrombie, owner of Fluid Technologies, LLC has applied for a specific use permit.
The subject area is generally a commercial and industrial area along west College Street. The
proposed use will only have two employees and will operate from 8 AM to 5 PM, Monday through
Friday. Sand blasting is considered similar to other metal working uses for the purposes of zoning.
The proposed use is compatible with existing uses in the area.
Utilities and drainage in the area are adequate for the proposed use. The proposed use will not
change the exterior of the building. Parking will need to be installed appropriate to the size of the
building and accommodate 8 cars and one accessible parking stall.
At a Joint Public Hearing held August 19, 2013, the Planning Commission recommended 5:0 to
approve a specific use permit for a metal sand blasting and coating facility in a C-M
(Commercial-Manufacturing) District at 745 Chamberlin Drive, subject to the following condition:
1) Parking requirements shall be met per the requirements of the Transportation Division.
FUNDING SOURCE',
Not applicable.
RECOMMENDATION
Approval of ordinance, subject to the following condition:
1) Parking requirements shall be met per the requirements of the 'hransportation
Division.
JuIv ?5. ?01 7
City of Beaumont—Pla,nning, and Zoning Commission
C Ity 11a11, 801 'Main Str ct
Bewimont, Texas 77701
Plarunin<, and Zoning Committee Members.
Thant: you 1't7r-taking the tinie to review my Specific Use Permit Application. vl� nan7c i5 Wade
Abercronnble- owner of Fluid Industries. LLC. My father, Marty Abercrombie, and I will be the
only employees until furt)er expansion is needed. We specialize in inedia blasting. powder
coatmL,. and hvdro dipping. We can handle multiple metal substrates such as aluminun-.s, carbon
steels, irons. casts, and alloys. We vvill offer different types of-media blasting to remove rust,
cease. grim. old paint, or any other undesired previous finish. All metal refinishing struts with
the proper pretreatment, we take the necessary steps in the preparation of the substrate to insure a
complete adhesion of the chosen coating. If pow der coating is chosen.five seal and cle ran vv ith a
steam phosphate system that ensures a clean and protected surface for the next coatinta step. This
is followed by properly applying the powder coating and curing the nnetal substrate. Once the.
po%ydcr coa�ing, process is finished, the customer will receive a product that not only is d�irable
but has attractive finish vaat will be protected from the many elements that it may erncounter.
Our normal hours of ope ations will be N4ondav through Frid iv 8:00 am to 5:00 pm
The proposed location of our business is located at 745 Chamberlin Drive, Beaumont Texas,
77707. It is currently zoned as C-M. I am submitting the attached Specific Use Permit in order-
to conduct activities that fall under SIC Code 9 5471.
Thank v-ou t?r vour time.
Sincerely,
`Fade Abercrombie
Fluid, ndustr>fe.s,f!LI.0
Attachments:
Specific Itie Permit
SI CTION 28.04.001. Z. nin4; Ordinance Requirements
Sits, Plan 1 1417
Site Plain S 1 i x I I
Ot-H,inal property survey
SECTION ?8.04.001, ZONING ORDINANCE REQUIRES THAT THESE E-IGI-1JI
CONDI BEFOR-L A SPECIFIC U E PERMIT CAN BE ISSI SI D:
• That the specific use will be compatible with and not injurious to the use and
enjoyment of otlacr property, nor signibcantl� diminish or impair property values
Ni ithin the immediate vicinity;
All business activities such as media blasting, powder coating, and hydro dipping will be located
within the existing structure. None of which can be seers by adjacent properties. No activities
under this Specific t_'se P�Wrmit'will diminish or impair property values within the vicinity. All
activities %vill be enclosed and housed vv thin the metal structure.
• That the establishment of the specific use will not impede the normal and orderly
development and improvement of surrounding vacant property:
All activities to be conducted within the structure tivill have no affect nor inipede the normal and
orderly development and improvements of surrounding vacant property. All activities will be
conducted behind the metal walls of the existing; structure. No properties or persons will be able
to see the activities unless they are inside of structure.
• 'That adequate utilities, access roads, drainage and other necessary supporting
facilities have been or will be provided;
The intended structure is currently established and furnished with access via Chamberlin Drive.
Direct access to the building's entrances. parking, loading., and unloading areas are full_\,
concreted and connect to Chamberlin Drive.
Chamberlin Drive has a 60, right-of-vvay belonging to the City of Beaumont. NVithin this 60'
rialit-of-vvav is city drainage on both sides of the street_ providing adequate drainaac 1Or the
property. Building is already equipped with electricity, water, and sewer.
The design, location and arrangement of all driveNvays and parking spaces provides
for the safe and convenient movement of vehicular and pedestrian traffic Nvithout
adversely affecting the general public or adjacent development;
Drive and park.ing areas are located on the 'Vest and South sides of existing buildin{a. Froth are
full, concreted and allow access to the 14' x W overhead doors from Chamberlin Drive.
Tracks have access to drive or back into buildinL, for loadinL and riuloading, at both drive
locutions. ( ustorriers and employees can access proposed parking area from the South entrance.
III the S0UthCL1,StCI`u correi of the property there is a proposed parking area of-33 154.E feet
that cncoinpa;scs S stan±!rd. 9'x1$' parking spaces, )ric ,\D.-\ rarkifflL, Space «11111 be pro% ],-led
directly SO LIt;1%VCSt Ofthc SOLIthWCst. bu I ld In L, corner. AY)A space wi I I be 16'11 S' m th iliIe
approved I I*x 18' 1 arking space and }'x18' access aisle.
• That adequate nuisance prevention measures have been or will be taken to prevent
or control offensive odor, fumes, dust, noise and vibration;
All activities to be done will be within the metal structure. ,-\I,,o all media blastln,,., will he in zi
scaled acid specifically dedicated blast rclorn that has the proper ventilation and dust rciuo\,111L�
eclLi1pnicnt. Dust is pulled out of blast room by negative air flow. Dust is collected in a scaled
container that filters and stores excess dust and particles for proper disposal. None of the media
or dust \\ill cuter the atmosphere in any way.
All po,,vder application is clone within an approved spray booth that is filtered and ventilated. No
powder escapes the sealed and cledicated application room in the spraying process. Nolso form
media blastin,-, will be muffled by the blast room's Nvalls and the existing walls of the structure:.
No odors or vibrations arc anticipated
• That directional lighting Nvill be provided so as not to disturb or adversely affect
neighboring properties;
Direct holitino is located behind the structure's walls. Lighting includes overhead baN,, IILhts and
florescent Iluditing, none of which hill be seen by or disturb neighborlat, properties.
That there are sufficient landscaping and screening to insure harmony and
compatibility with adjacent property;
The South side of building has a concrete drive that adjoins the concrete drive of the shop
located directly to the South of it. The North half of buildinL, and surroill-ldirlL, area is till Lessor
owned. All structures already exist and have been in compatibility Nvitli adjacent properties, 'We
will not disturb this cornpatibility in any way through our business activities.
• That the proposed use is in accordancevvith the Comprehensive Plan.
No activities that Fluid Industries, LLC plans to conduct NvIll in any -\N,av affect. disturb,harni, or
I I I surrounding g Ic ,t
Impose oil Llc�jolnlnL, properties, persons located in the area. (-)I- entities in stirr undin- )ca 1011S.
All activities are to be conducted professionally Nvithin a closed nicutl slioli and follov OSH,:�
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A METAL SAND BLASTING AND
COATING FACILITY IN A C-M (COMMERCIAL-
MANUFACTURING) DISTRICTAT745CHAMBERLIN DRIVE
IN THE CITY OF BEAUMONT, JEFFERSON COUNTY,
TEXAS.
WHEREAS, Fluid Technologies, LLC, by and through its representative Wade
Abercrombie, has applied for a specific use permit to allow a metal sand blasting and
coating facility in a C-M (Commercial-Manufacturing) District at 745 Chamberlin Drive,
being Lot 10, and the southernmost 5' of Lot 11, Block 5 of the West Field Terrace
Addition, City of Beaumont, Jefferson County,Texas, containing 0.179 acres, more or less,
as shown on Exhibit 'A" attached hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request and is recommending approval of a specific use permit to allow a
metal sand blasting and coating facility in a C-M (Commercial-Manufacturing) District at
745 Chamberlin Drive, subject to the following condition:
• Parking requirements shall be met per the requirements of the
Transportation Division
and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens;
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT.-
THAT the statements and findings set out in the preamble to this ordinance are hereby, in
all things, approved and adopted; and,
Section 1.
That a specific use permit to allow a metal sand blasting and coating facility in a C-M
(Commercial-Manufacturing) District at 745 Chamberlin Drive, being Lot 10, and the
southernmost 5' of Lot 11, Block 5 of the West Field Terrace Addition, City of Beaumont,
Jefferson County, Texas, containing 0.179 acre, more or less, as shown on Exhibit "A,"
attached hereto, is hereby granted to Fluid Technologies, LLC, its legal representatives,
successors and assigns, as shown on Exhibit"B," attached hereto and made a part hereof
for all purposes, subject to the following condition:
• Parking requirements shall be met per the requirements of the
Transportation Division.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit"B,"
attached hereto and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of
September, 2013.
- Mayor Becky Ames -
r: Request for a specific use permit for a metal ommercial-? Tanufacturina sand blasting and coating facili�,) District,
45 Chamberlain Drive Wade Abercrombie, owner of Fluid Industries LLC
' 0 X00 200
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""Approval of ordinance, subject to the foilovvjni condition:
•
Parking requirements sliall be inet per the requirements of the Transportation
Division.
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2
September 10, 2013
Consider an ordinance approving a specific use permit for an automotive repair, paint and body
shop in a GC-MD (General Commercial-Multiple Family Dwelling) District 5115 and 5125
Seale Road
RICH WITH OPPORTUN'll'
r
C �
T • E • X • A •S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
CS5
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: September 10, 2013
REQUESTED ACTION: Council consider an ordinance approving a specific use permit
for an automotive repair, paint and body shop in a GC-MD
(General Commercial-Multiple Family Dwelling) District
5115 and 5125 Seale Road.
BACKGROUND
Paul Sachitano has applied for a specific use permit.
Automotive repair uses are permitted as a right in the GC-MD zone. A specific use pen-nit is
required, however, for uses that include paint and body work. It is not anticipated that this operation
will have a significant impact on the surrounding neighborhood.
Utilities and drainage in the area are adequate for the proposed use. Parking provided on the lot will
be located sufficient f'or the repair facility.
At a Joint Public Hearing held August 19, 2013, the Planning Commission recommended 5:0 to
approve a specific use permit for an automotive repair, paint and body shop in a GC-MD (General
Commercial-Multiple Family Dwelling) District at 5115 and 5125 Seale Road.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
To:
of'B2aun-'Ont
Planning Division
80 1 Mai in Swea. Rown 201
Beaumon; Texas 77701
Rmn:
Paul `lac hitano
5695 k1ci ``,ha Lane
Beaumont Texas 77705
a
�nninv,, Division.
I ana int erested W purchasing this property Or the exclusive use of light autoinodw
re pal. Fhe property is currently Zoned C-C-MD Coinmer-cial and currently includes a
commercial building on the Highway, 124 at Seale Foal According to the permitted
p-,)vided by A,.- city of Beaumont Planning Office, this type of business is a1lawed
under this zoning. I on also blanked in minor automotive collision repair which.falls
undo the Paint and Body Shop category. This requires a -specific use permit under the
current 'Zoning,
Please r,ot that 1 arav,'ell aware if approved by the City. of Beaumont it Nvill necessary for
nnc to meet all of tne criteria and conditions for building size. landscaping, parking and
oih r requirernerits Ar the actual building perinit. 1 arn a life long resident of Beanniont
aind a graduate of Lainar University. I any looking forward to doing business in
TL
-xas.
Paulsachhano
Thursday_ Juk- 25, 2013
Zcn,iing Ordinance Requirements — Eight Conditions
FO:
City of Bcaumont
Plannimg Division
801 Main Street, Romn 201
P - Tex -
Beaumoijt. is 77/'0 1
Flom:
Paul Sachimno
5695 Slia Lane
Texas 77705
PI'll)n i n'-, Division.
Reqtdrement 1:
h is understood that il)e use of such zoning will not deval-L-ie any of the surrounding,
pro-j
_�erty or properties in the area.
2:
This uss ,will not disrupt the development of the surrounding vacant property or thy:
po----t twnii�il for improvements of other properties adjacent.
7Zequiremera 3:
There area more than adequate utilities and drainage. Mza jor access torn esdsdng roads
v011 be In-ovided so as not to disturb current traffic.
to u irei, ent 4.
Thic final design for parking and driveways "Al be impterriented as to not affect ary
� I will not
,vaiLNva�s. bicycle traffic or the general public. The implementations of"
affect and tqjacen-: structures.
Re,,ju3rC:nCnt 5:
it the ,-,cce-ssary eq�iiprrient will be utilized to prevent noise, vibration. dust and odors
equirT gent n C any iype.
6:
Al ligining; will be in placed in a manor so as not to cHqurb any adjacent pimpedes.
psople or Wdbgs.
7:
Al lainiscaping will provide SLIffiCient screening. Laridsca.,ping "A also be comFahble
vilh adlaceni properties.
Rcga6emeG C
All G2 oveD2myae/ will beincomp§ C2 ldl the Compl eo/7ePGm
Sincercly.
Paul S yt
Thursday.;i« 25, 2013 y \
`
` Z«
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERM IT TO ALLOW AN AUTOMOTIVE REPAIR, PAINTAND
BODY SHOP IN A GC-MD (GENERAL COMMERCIAL-
MULTIPLE FAMILY DWELLING) DISTRICT AT 5115 AND
5125 SEALE ROAD IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS.
WHEREAS, Paul Sachitano has applied for a specific use permit to allow an
automotive repair, paint and body shop in a GC-MD (General Commercial-Multiple Family
Dwelling) District at 5115 and 5125 Seale Road, being Tracts 1 and 2, Lot 7, Block B, of
the Tyrell Park Addition, City of Beaumont, Jefferson County, Texas, containing 3.346
acres, more or less, as shown on Exhibit "A," attached hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request and is recommending approval of a specific use permit to allow
an automotive repair, paint and body shop in a GC-MD (General Commercial-Multiple
Family Dwelling) District at 5115 and 5125 Seale Road; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens;
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this ordinance are hereby, in
all things, approved and adopted; and,
Section 1.
That a specific use permit to allow an automotive repair, paint and body shop in a
GC-MD (General Commercial-Multiple Family Dwelling) District at 5115 and 5125 Seale
Road, being Tracts 1 and 2, Lot 7, Block B, of the Tyrell Park Addition, City of Beaumont,
Jefferson County, Texas, containing 3.346 acres, more or less, as shown on Exhibit "A,"
attached hereto, is hereby granted to Paul Sachitano, his legal representatives, successors
and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all
purposes.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "B,"
attached hereto and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of
September, 2013.
- Mayor Becky Ames -
fi�le 2181-P: Request for a specific use permit to allow an automotive repair, paint and N
body shop in a GUAID (General Commercial-Multiple Family Dwelling) District.
Location: 5115 and 5125 Seale Road
Applicant: Paul Sachitano 0 100 200
I I I Feet
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3
September 10, 2013
Consider an ordinance amending Section 22.02.001, Water Service Rates and Section 22.02.002,
Wastewater Service Rates of the Code of Ordinances to increase rates by six percent(6%)
effective October 1, 2013
RICH WITH OPPORTUNITY
11EA,[1140N
T • E • x • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: September 10, 2013
REQUESTED ACTION: Council consider an ordinance amending Section
22.02.001, Water Service Rates and Section 22.02.002,
Wastewater Service Rates of the Code of Ordinances to
increase rates by six percent (6%) effective October 1,
2013.
BACKGROUND
The Water Utilities Department has been and is continuing to undertake a major capital
improvement effort to enhance the water and sewer system. Many of the capital improvements
are required to meet State and Federal regulations. Of the six percent(6%) rate increase, four
percent (4%) is needed to effectively operate the water system and to provide for the necessary
debt service associated with water and sewer system projects. Two percent (2%) of the rate
increase will be used to pay the debt service related to the Advanced Metering Infrastructure
(AMI ) project and permanent leak detection system currently underway.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
Water/Sewer Rate Increase
October 1, 2013
Minimum Monthly Rates
Water
Inside City Outside City
Meter Current Proposed Current Proposed
Size/Inches Rate Rate Rate Rate
5/8 $ 11.38 $ 12.06 $ 17.09 $ 18.12
1 12.60 13.36 18.90 20.03
1 112 13.83 14.66 20.72 21.96
2. 17.25 18.29 25.89 27.44
3 35.05 37.15 52.59 55.75
4 42.49 45.04 63.74 67.56
6 76.60 81.20 114.86 121.75
8 105.35 111.67 158.00 167.48
10 144.97 153.67 217.47 230.52
12 180.73 191.57 271.10 287.37
Usage Rate
First 1,000 Minimum Minimum Minimum Minimum
Gallons
Over 1,000 Gallons
$ Per 1000 Gallons $ 3.85 $ 4.08 $ 5.78 $ 6.13
Sewer
Inside City Outside City
Meter Current Proposed Current Proposed
Size/Inches Rate Rate Rate Rate
5l'8 $ 7.27 $ 7.71 $ 10.89 $ 11.54
1 7.40 7.84 11.08 11.74
1 1/2 7.52 7.97 11.26 11.94
2 8.17 8.66 12.23 12.96
3 9.24 9.79 13.85 14.68
4 13.53 14.34 20.32 21.54
6 22.19 23.52 33.23 35.22
8 27.10 28.73 40.68 43.12
10 36.97 39.19 55.44 58.77
12 46.82 49.63 70.20 74.41
Usage Rate
First 1,000 Minimum Minimum Minimum Minimum
Gallons
Over 1,000 Gallons
$ Per 1000 Gallons $ 3.45 $ 3.66 $ 5.24 $ 5.55
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 22, ARTICLE 22.02,
SECTIONS 22.02.001 AND 22.02.002 OF THE CODE OF ORDINANCES
OF THE CITY OF BEAUMONT TO INCREASE WATER AND
WASTEWATER RATES; PROVIDING AN EFFECTIVE DATE; PROVIDING
FOR REPEAL; AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
Section 1.
That Chapter 22, Article 22.02, Section 22.02.001(a) of the Code of Ordinances of
the City of Beaumont be and the same are hereby amended to read as follows:
Sec. 22.02.001. Water service rates.
(a) Effective October 1, 2013, the following rates per month shall
be the rates charged for water service furnished to customers within and
outside of the corporate limits of the city except as provided in paragraph (b)
of this section.
Meter Size/Inches Inside City Rate Outside City Rate
5/8 $12.06 $ 18.12
1 13.36 20.03
1 '/2 14.66 21.96
2 18.29 27.44
3 37.15 55.75
4 45.04 67.56
6 81.20 121.75
8 111.67 167.48
10 153.67 230.52
12 191.57 287.37
Usage Rate First 1,000 Gallons Minimum Minimum
Over 1,000 Gallons
$ Per 1000 Gallons $4.08 $6.13
Section 2.
That Chapter 22, Article 22.02, Sections 22.02.002(a), of the Code of Ordinances
of the City of Beaumont be and the same are hereby amended to read as follows:
Sec. 22.02.002. Wastewater service rates.
(a) Effective October 1, 2013, the following rates per month shall
be the rates charged for wastewater services furnished to customers within
and outside of the corporate limits of the city where the wastewater produced
by such customers is a normal strength wastewater(150 mg/1 lb) except as
provided in paragraph (b) of this section.
Meter Size/Inches Inside City Rate Outside City Rate
5/8 $ 7.71 $ 11.54
1 7.84 11 .74
1 '/2 7.97 11.94
2 8.66 12.96
3 9.79 14.68
4 14.34 21.54
6 23.52 35.22
8 28.73 43.12
10 39.19 58.77
12 49.63 74.41
Usage Rate First 1,000 Gallons Minimum Minimum
Over 1,000 Gallons
$ Per 1000 Gallons $3.66 $5.55
Section 3.
This ordinance shall be effective from and after October 1, 2013.
Section 4.
All ordinances or part of ordinances in conflict herewith are repealed to the extent
of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished as provided in Section 1.01.009 of the Code of Ordinances of the City of
Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of
September, 2013.
- Mayor Becky Ames -
4
September 10, 2013
Consider a resolution approving annual contracts to multiple vendors for the purchase of various
traffic marking materials
RICH WITH OPPORTUNITY
[I 11C A,[I 1�1 C1 11
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: September 10, 2013
REQUESTED ACTION: Council consider a resolution awarding annual contracts to
multiple vendors for the purchase of various traffic marking
materials, in the estimated total amount of$640,998.20.
BACKGROUND
Bids were requested for an annual contract to supply signage, sign materials, hardware, and
specialty paints for use by the Streets & Drainage Division, and for purchase of various traffic
control materials such as markers, portable signs and barricades for use by all City Departments.
Nine (9) vendors were notified and nine (9) responses were received. Specifications were divided
into nine (9) material sections, and require that each be awarded to the lowest overall bidder who
bids the entire section and complies with the required specifications. All recommended vendors
have previously held portions of these contracts. There are no local vendors supplying this
material.
Contracts are recommended as follows:
_ Section Vendor Est. Total Amount
1-Sign Blanks Vulcan Signs, Inc., Foley, AL $40,226.20
2-Sign Faces _ Vulcan Signs, Inc., Foley, AL $20,411.50
3-Finished Signs Vulcan Signs, Inc., Foley, AL $48,545.20
4-Sheet Material Custom Products, Inc., Jackson, MS $67,510.75
5-Hardware Centerline Supply, Grand Prairie, TX $267,115.00
6-Marking Materials _ Ennis Paint Co., Thomasville, NC $17,085.00
7-Paint _ Trantex, Inc., Houston, TX $52,448.75
8-Traffic Control E ui ment Trantex, Inc., Houston, TX $27,434.00
9-Thermoplastic Materials Flint Trading Co.,Thomasville,NC $100,221.80
Total $640,998.20
FUNDING SOURCE
General Fund, Water utilities Fund and Capital Program.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, bids were solicited for annual contracts for the purchase of traffic
marking materials for use by the Streets and Drainage Division and for the purchase of
various traffic control materials for use by all City Departments; and,
WHEREAS, the following vendors submitted bids as shown below and in the unit
amounts as shown on Exhibit'A," attached hereto and made a part hereof for all purposes:
Section Vendor Est. Total Amoun
1-Si n Blanks Vulcan Signs, Inc. Foley, A $40,226.2(
2-Sign Faces Vulcan Signs, Inc. Foley, A $20,411.5(
-Finished Signs Vulcan Signs, Inc. Foley, A $48,545.2(
-Sheet Material Custom Products Inc. Jackson M $67,510.75
-Hardware Centerline Supply, Grand Prairie TX $267,115.0(
5-Marking Materials Ennis Paint Co., Thomasville NC $17,085.0(
-Paint Trantex, Inc., Houston, T $52,448.7
-Traffic Control Equipment, Trantex Inc. Houston T $27,434.
)-Thermoplastic Materials Flint Trading Co. Thomasville N $100,221.8(
otal $640,998.20
and,
WHEREAS, City Council is of the opinion that the bids submitted by the vendors for
the contract total amount of $640,998.20 as based upon the unit amounts as shown on
Exhibit 'A," attached hereto and made a part hereof for all purposes should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the bids submitted by the vendors for annual contracts for the purchase of
traffic marking materials and traffic control materials in the estimated total amounts shown
above and in the unit amounts as shown on Exhibit 'A," attached hereto and made a part
hereof for all purposes for the estimated total amount of$640.998.20 be accepted by the
City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of
September, 2013.
- Mayor Becky Ames -
RCR wrR UPPURTU RSi CITY OF BEAUMONT,BEAUMONT,TEXAS
BEAUMOMPURCHASING DIVISION BID TABULATION
T - S • % • A • 8
Bid Name: ANNUAL CONTRACT FOR TRAFFIC MARKING MATERIALS
Bid Number: BF0613-19
Bid Opening: Thursday,August 15, 2013
Contact Person: Robert(Bob) Hollar, Buyer II
rhollar ci.beaumont.tx.us
Phone: 409-880-3758
Vendor ENNIS PAINT, CO. FLINT TRADING CO CENTERLINE SUPPLY TRANTEX, INC PATHMARK
City/State THOMASVILLE, NC THOMASVILLE, NC GRAND PRAIRIE,TX HOUSTON SAN MARCUS
Phone or Fax No. (469)522-5861 (336)475-6600 (972)647-8300 (281)448-7711 (800)547-0874
SECTION DESCRIPTION SECTION TOTAL SECTION TOTAL SECTION TOTAL SECTION TOTAL SECTION TOTAL
1 SIGN BLANKS NO BID NO BID $70,561.65 NO BID $53,251.50
2 SIGN FACES NO BID NO BID $37,419.50 NO BID NO BID
3 FINISHED SIGNS NO BID NO BID $77,329.50 NO BID $62,331.00
4 SHEET MATERIAL NO BID NO BID NO BID NO BID $70,778.75
5 HARDWARE NO BID NO BID $267,115.00 NO BID $273,555.00
6 MARKING MATERIALS $17,085.00 NO BID $31,367.50 $18,411.50 $18,437.00
7 PAINT $56,723.40 NO BID $66,430.00 $52,448.75 $56,844.00 Q
8 TRAFFIC CONTROL EQUIP NO BID NO BID $73,136.60 $27,434.00 $45,024.00
9 THERMOPLASTIC NO BID $100,221.80 $210,450.00 $151,610.00 $127,107.50
TOTAL BID $73,808.40 $100,221.80 $833,809.75 $249,904.25 $707,328.75
T
Vendor VULCAN SIGNS, INC CUSTOM PRODUCTS,CORP SINOTECH, INC ATLAS ADHESIVE TAPE W
City/State FOLEY,AL JACKSON,MS ANJOU,QB CA LAKEWOOD, NJ
Phone or Fax No. (800)633-6845 (800)367-1492 (514)253-6400 (732)966-7097
SECTION DESCRIPTION SECTION TOTAL SECTION TOTAL SECTION TOTAL SECTION TOTAL
1 SIGN BLANKS $40,226.20 $41,995.65 $37,244.95 NO BID
2 SIGN FACES $20,411.50 $22,524.75 $25,659.25 NO BID
3 FINISHED SIGNS $48,545.20 $51,606.75 $58,293.20 NO BID
4 SHEET MATERIAL NO BID $67,510.75 NO BID
5 HARDWARE NO BID $414,800.00 NO BID NO BID
6 MARKING MATERIALS NO BID $45,383.00 NO BID NO BID
7 PAINT NO BID NO BID NO BID NO BID
8 TRAFFIC CONTROL EQUIP NO BID $43,766.60 NO BID NO BID
9 THERMOPLASTIC NO BID NO BID NO BID NO BID
TOTAL BID $109,182.90 $687,587.50 $121,197.40 $41,610.00
DID NOT BID
NO RESPONSE ENTIRE SECT
HALL SIGNS, INC.
SIGN &SAFETY SUPPLY
TRAFFIC PARTS. INC. TOTAL CONTRACT VALUE
ALLIED TUBE $640,998.20
DIFFERENCE FROM LAST YEAR
$103,853.10 16.20%
5
September 10, 2013
Consider a resolution approving the purchase of two Ford F 150 trucks, two Ford F550 trucks and
two excavators for use in the Water Utilities Department
RICH WITH OPPORTUNITY
[11
c' A,1111C111 V(
T - E X A s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: September 10, 2013
REQUESTED ACTION: Council consider a resolution approving the purchase of
two (2) Ford F150 trucks and two (2) Ford F550 trucks
from Philpott Motors of Nederland and two (2) excavators
from Waukesha-Pearce Industries, Inc., of Port Arthur for
use by the Water Utilities Department.
BACKGROUND
In order to increase efficiencies and meet the demands of an aged infrastructure, two crews are
being added to the Water Utilities Department. The Department does not have idle equipment
available for use by the new crews; therefore new equipment is needed for both. The purchase
includes excavators, trucks for towing equipment and trucks for use by crew supervisors.
Individual vehicle and equipment details are attached.
Pricing for the vehicles and equipment was obtained through the Houston-Galveston Area
Council (II-GAC) and the Texas Association of Schoolboards (BuyBoard), cooperative
purchasing associations providing cities and political subdivisions with the means to purchase
specialized equipment at volume pricing. Both H-GAC and BuyBoard comply with State of
Texas procurement statutes. The total purchase price of$227,043.54 includes the BuyBoard
fee of$400.
Warranties of 36,000 miles or three (3) years are provided for each new vehicle. Warranty
service is provided by local authorized dealerships. Warranties of two (2) years or 2,000 hours
are provided for the excavators. Warranty service is provided by the local dealer.
FUNDING SOURCE
Water Utilities Fund.
RECOMMENDATION
Approval of the resolution.
Purchase of Water Equipment
September 10. 2013
Page 2.
Item Vendor Description Qty. Total Price
1 Phdpott Motors -- -013 Ford F>�0 2 $4 .515.66
p _._
2 Phil ott Motors 2 �50 2 9536168
3 Waukesha-Pearce Takeuchi TB235 Mini Excavator 2 $86,26510
i I BuyBoard Fee `- $400.00
Total —T-�...
_L. 227,043.54_�
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of two (2) Ford F150 trucks and two
(2) Ford F550 trucks for use by the Water Utilities Department from Philpott Motors, of
Nederland, Texas, in the amount of $140,778.34 and two (2) excavators for use by the
Water Utilities Department from Waukesha-Pearce Industries, Inc., of Port Arthur, Texas,
in the amount of $86,265.20 through the Houston-Galveston Area Council (H-GAC) and
Texas Association of School Boards (BuyBoard) programs.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of
September, 2013.
- Mayor Becky Ames
6
September 10, 2013
Consider a resolution approving a change order to the contract with Brystar Contracting. Inc..
related to the Wastewater Treatment Plant Holding Pond Project and Dredging of Ponds 1 and 2
Project.
RICH WITH OPPORTUNITY
IIEA,[11�1011
T • E • x • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Hani J. Tohme, P.E., Director of City Utilities
MEETING DATE: September 10, 2013
REQUESTED ACTION: Council consider a resolution approving a change order to
the contract with Brystar Contracting, Inc., related to the
Wastewater Treatment Plant Holding Pond Project and
Dredging of Ponds 1 and 2 Project.
BACKGROUND
The City Council approved a contract with Brystar Contracting, Inc., on March 20, 2012, in the
amount of$4,391,500.00. The contract was to clean Wastewater Treatment Plant Pond#1,
convert it into a flow equalization basin, and install related piping and manholes. The contract
includes Alternate Bid Item No. 2 that. will clean all ponds.
The proposed change order in the amount of$154,620.00 will provide the necessary supervision,
labor., equipment, and insurance to load approximately 21,475 cubic yards of earthen material
supplied by the City of Beaumont and haul it 1.8 miles to the proposed location of a sludge
containment area at the landfill. This material will be used to construct an earthen sludge
containment levee approximately 14 feet high having a 10-foot wide top and 1:1 side slopes. The
lagoon is filled with approximately 82,000 cubic yards of sludge, of which 40,000 cubic yards will
be pumped to an existing containment area. The proposed containment area in the landfill will
provide an additional 45,000 cubic yards of storage capacity for the rest of the sludge.
The Wastewater Treatment Plant is designed to process 46 million gallons per day. During a 2.5"
rain event, the Plant receives up to 170 million gallons per day. Pond No. I of the Wastewater
Treatment Plant was originally designed and constructed as part of the Waste Treatment Plant
Improvements Project of 1971. The conversion of this pond into a flow equalization basin will
increase the treatment capacity of the plant by increasing the storage capacity of the pond by 70
million gallons. The cleaning of the ponds will also increase their storage capacity and improve
their functionality.
WW"TP Holding Pond Project
September 10, 2013
Page 2 of 2
Previous actions include:
Resolution 12-055 in the amount of$4,391,500.00 was passed by the City Council on March 20,
2012.
Resolution 12-105 in the amount of($36,550.00) was passed by the City Council on May 15,
2012.
Change Order 42 in the amount of$9,000 was executed on June 18, 2012.
Resolution 13-129 in the amount of$25,901.57 was passed by the City Council on June 18, 2013.
FUNDING SOURCE
Capital Program.
RECOMMENDATION
Approval of resolution.
APPROVAL OF CONTRACT CHANGE
CHANGE ORDER No. Four 4
DATE: September 10,2013
Page 1 of I
PROJECT: City of Beaumont,Texas
Wastewater Treatment Plant Holding Pond Project and Dredging of
Ponds I and 2 Project
OWNER: City of Beaumont,Texas
801 Main Street
Beaumont,Texas 77704
CONTRACTOR: Brystar Contracting, Inc.
8382 Chemical Road
Beaumont,Texas 77705
TO THE OWNER: Approval ofthe following contract change is requested.
Reason for Change: To furnish all necessary supervision,labor,equipment,and insurance to complete the loading and hauling of
earthen material supplied by the City of Beaumont,haul it 1.8 miles to a location on the City of Beaumont landfill and construct an
earthen levee containment area with a storage capacity of approximately 45,000 cubic yards.
ORIGINAL CONTRACT AMOUNT: S 4,391,500.00
Change Order No. 1 $ (36,550.00)
Change Order No.2 $ 9,000.00
Change Order No.3 $ 25,901.57
THIS CHANGE ORDER
Description: Net Change
Load and haul earthen material and construct an earthen levee sludge containment area, $ 154,620.00
Increase-21,475 cubic yards
TOTAL AMOUNT OF THIS CHANGE ORDER: $ 154,620.00
TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $ 4,544,471.57
CONDITION OF CHANGE:
"Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order
represents full compensation for all increases and decreases in the cost of,and the time required to perform the entire work under
the Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver
constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive, mutually agreed upon
adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly
executed."
Recommended by Approved by: Ac ted by:
Schaumburg& Polk, Inc City of Beaumont Brystar Contracting, Inc.
Engineer Owner Contractor
Date: Date: i i,3 Date: ` "t zo,,
E\Workfiles\Consultants\Schaumburg&Polk\WWTP Wet Weather Flow\ChangeC'rder2_WWTPWetWeatherFlow.xlsx
oftySrA4
CONTRACTING, INC.
8385 Chemical Road a Beaumont,Texas 77705 • (409) 842-6768
September 3, 2013
Hani Tohme, D,eng
Water Utilities Director
City ofBeautnont
1350 Langham Road
Beaumont, Texas 77707
Re: WWTP Wet Weather Flow Improvements Building of Sludge Containment Levee
For Pond No 2
Dear Hani:
Brystar is pleased to offer this proposal as outlined in the below scope of work for your
review and consideration.
SCOPE OF WORK
Brystar Contracting, Inc shall provide a1I necessary supervision, labor, equipment and
insurance required to complete:
1.) Load and haul+l-21,475 CY of earthen material supplied by the City of
Beaumont 1.8 miles to proposed location of sludge containment area.
2.) Construct earthen levee for sludge containment approximately 14' high having a
10' width at the top. Slopes shall be 1:I
.) Estimated Cubic Yards: 21,475,price per Cubic Yard: ST60
Lump Sum Price: $154,620.00
Should you have any questions please do not hesitate to call.
Sincerely,
t '
/ ;
11
Brya.2Z]ps,
President
CC: File,
Mark Mann,P-E. Schaumburg and Polk, Inc
RESOLUTION NO.
WHEREAS, on March 20, 2012, the City Council of the City of Beaumont, Texas,
passed Resolution No. 12-055 awarding a contract in the amount of$4,391,500 to Brystar
Contracting, Inc., of Beaumont Texas, for the Wastewater Treatment Plant Holding Pond
Project and Dredging of Ponds 1 and 2 Project; and,
WHEREAS, on May 15, 2012, the City Council of the City of Beaumont, Texas,
passed Resolution No. 12-105 approving Change Order No. 1 in the amount of($36,550)
for alternate materials related to the electrical components of the project, thereby
decreasing the contract amount to $4,354,950; and,
WHEREAS, on June 18, 2012, the City Manager executed Change Order No. 2 in
the amount of $9,000.00 to furnish all necessary supervision, labor, equipment, and
insurance to complete the loading and hauling of dirt from the City of Beaumont Waste
Water Treatment Plant to the dirt stockpile location on the City of Beaumont landfill in
tandem dump trucks, thereby increasing the contract amount to $4,363,950; and,
WHEREAS, on June 18, 2013, the City Council of the City of Beaumont, Texas,
passed Resolution No. 13-129 approving Change Order No. 3 in the amount of
$25,901.57, to delete the bar screen mechanism, furnish and install additional concrete for
aeration pads, increase Bid Item 3 for additional solids removal from Pond 1, provide for
the cleaning of solids from Pond 2, and delete Alternate Bid Item No. 2, thereby increasing
the contract amount to $4,389,851.57; and,
WHEREAS, Change Order No. 4, in the amount of$154,620 is required to provide
the necessary supervision, labor, equipment, and insurance to load and haul earthen
material and construct an earthen levee sludge containment area, thereby increasing the
contract amount to $4,544,471.57;
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. 4 for additional work described above, thereby increasing the contract amount by
$154,620 for a total contract amount of $4,544,471.57.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of
September, 2013.
- Mayor Becky Ames -
PUBLIC HEARING
� Receive comments on the 2013 (FY 2014)
Proposed Tax Rate
RICH WITH OPPORTUNITY
IIEA,[11�10N
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: August 27, 2013
REQUESTED ACTION: Council to hold a second public hearing on the 2013 (FY
2014) Proposed Tax Rate.
BACKGROUND
Chapter 26 of the Property Tax Code requires taxing units to comply with truth-in-taxation laws
in adopting their tax rate. Two public hearings are required if the proposed tax rate exceeds the
lower of the effective tax rate or the roll back tax rate. A Notice of Public Hearing on Tax
Increase is required to be published in the newspaper prior to the first hearing only, and on the
city website, and on a television channel, if available, through the second public hearing. The
notice was published in the newspaper, on the website and on the cable channel 4 on August 20,
2013. The first public hearing was held on August 27. 2013.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
To hold the public hearing.