HomeMy WebLinkAboutPACKET SEP 09 2014K 9( it Curl{ 0 II I. o K I i ♦ I I W
BEA,UMON*
T - E - X• A• S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS SEPTEMBER 9, 2014 1:30 P.M.
CONSENT AGENDA
* Approval of minutes — August 26, 2014
* Confirmation of committee appointments
A) Authorize the City Manager to enter into an Interlocal Agreement with Jefferson County,
Texas for the Gulf States Road Project
13) Authorize the execution of an agreement with Valero
C) Authorize the execution of a Mutual Aid Agreement with local government entities that
are part of the South East Texas Regional Planning Commission Region
D) Authorize the acceptance of a fifteen foot wide Non- Exclusive Water Meter Easement for
the construction of a new building at 3749 Hwy 69
I Approve the award of an annual contract to Lone Star Uniform, Inc. for City work
uniforms, for use by all City departments other than Police. Fire and EMS
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T - E - X• A• S
TO:
FROM:
PREPARED BY:
MEETING DATE:
REQUESTED ACTION:
BACKGROUND
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Dr. Joseph Majdalam, P.E., City Engineer
September 9. 2014
Council consider a resolution authorizing the City Manager
to enter into an Interlocal Agreement with Jefferson County,
Texas for the Gulf States Road Project.
Texas Local Government Code Chapter 791 allows a governmental agency to enter into a joint
interlocal agreement. This agreement shall authorize the City to provide support and assistance to
the County to provide safe access and enhance safety on Gulf States Road, and to set for the terms
by which each of the parties will ensure the project's success by complying with city, county, and
State of Texas Manual Uniform Traffic Control Devices (TMUTCD- Section 4B -12) Texas
Department of Transportation and the State of Texas Local Government Code.
Through this agreement the City of Beaumont agrees to:
• Support and assist Jefferson County Precinct #4 on any issues concerning the traffic signal
light control device, flashing lights and thermoplastic materials for installation on Gulf
States Road
• Provide written quotes and supply materials, equipment and labor for the project.
• Furnish and install pavement markings, traffic signal devices, flashing lights which
includes hardware & accessories, any and all related labor for the removal, disposal and
repositioning of flashing light fixtures.
Through this agreement the County agrees to:
• Follow the Local Government Code and TMUTCD guidelines as outlined in the Interlocal
Agreement between the City of Beaumont Transportation Division and Jefferson County.
• Ensure traffic compliance issues on Gulf Stated Road
• Pay the City of Beaumont for all actual furnished labor, equipment and materials. The
estimated cost to be reimbursed is $8,404.92.
• Jefferson County will maintain the items installed by the City after installation of same.
FUNDING SOURCE
None,
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute an Interlocal Agreement
between the City of Beaumont and Jefferson County, Texas to provide safe access and
enhance safety on Gulf States Road. The Interlocal Agreement is substantially in the form
attached hereto as Exhibit "A" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of
September, 2014.
- Mayor Becky Ames -
INTERLOCAL AGREEMENT
(GULF STATES ROAD PROJECT')
STATE OF TEXAS
COUNTY OF JEFFERSON
This agreement is made by and between the City of Beaumont, a home rule City of the
State of Texas (hereinafter called "City ") and Jefferson County, County of the State of Texas
(herein after called "County ") under authority of the Interlocal Cooperation Act, Chapter 791 of the
Texas Government Code.
Whereas, the City shall provide support and assistance to the County to provide safe access
and enhance safety on Gulf States Road, and to set forth terms by which each of the parties will
ensure the project's success by complying with city, county, and State of Texas Manual Uniform
Traffic Control Devices (TMUTCD- Section 4B -12) Texas Department of Transportation and the
State of Texas Local Government Code.
THEREFORE, the City and County agrees as follows:
WITNE SSE TH
City agrees to:
• Support and assist Jefferson County Precinct #4 on any issues concerning the traffic
signal light control device, flashing lights and thermoplastic materials for installation
on Gulf States Road.
• To provide materials, equipment and labor for this project.
• Written quote for materials, equipment, and labor regarding traffic signal light
device, flashing lights, and thermoplastic materials for installation on Gulf States
Road project.
o Furnish and install pavement markings, traffic signal devices, flashing lights
which includes hardware & accessories, any and all related labor for the
removal, disposal and repositioning of flashing lights fixture.
Gulf States Road Interlocal. Agreement 2414
EXHIBIT "A"
County agrees to:
■ Follow the Local Government Code and TMUTCD guidelines as outlined in the
Interlocal Agreement between City of Beaumont Transportation Division and
Jefferson County.
Ensure traffic compliance issues on Gulf States Rd.
Pay City of Beaumont for all actual furnished labor, equipment and materials to
enhance safety on Gulf States Road which is in estimated amount of $8,404.92.
Jefferson County will maintain the items installed by the City after installation of
same.
Other Provisions
No part of this Interlocal Agreement is intended to conflict with current laws or regulations of the
State of Texas, Local Government Code, or TMUTCD. If a term of this agreement is inconsistent
with such authority, then that term shall be invalid, but the remaining terms and conditions of this
agreement shall remain in full force and effect and construed according to the laws of the State of
Texas. This Memorandum of Understanding shall be construed to preserve, to the maximum extent
possible, any rights the parties have under the Texas Torts Claims Act,
Effective Date
The terms of the Interlocal Agreement will become effective on the date found next to the
signatures below.
Executed this
ATTEST:
day of
2014.
CITY OF BEAUMONT
By: _
City Clerk City Manager
ATTEST:
JEFFERSON CO TY
By: _
rte^ ~S p N ' ER 1 ck, County Judge
r
Gulf States Road Interlocal Agreement 2014
ltttl oN coUN,.r
Cost Estimate for Signal Repairs and Pavement Markings
Installation on Gulf States Road
Materials
8 -12 "/ 3 sec. signal heads w/ 4 -way mount and hdwe. ---------------------------- - - - - -- $2,686.00
4 -12" flashing beacons w/ hardware--------_--_ __--- _-- --- - ------------ - --- _ ----- $352.00
Foundation\Pole(2) incl. concrete and basket -- -------- -- -------- -- _..- ----------- - ------ $800.00
Material for rumble strip and stop line and signal ahead:
item
quantity
price each
total
8' "SIGNAL"
2
$262.05
$524.10
8' "AHEAD"
2
$178.81
$357.62
12" white Stop bar
1
$86.49
$86.49
Black Rumble Bar kit
4
$259.10
$1,036.40
Total $ 5,842.61
Equipment
Boring Mach ----------- --------------- -- ------------------------------------------ $27.50/hr. x 5 hr. = $137.50
Digger Derrick ----- -- --- ------------ ------- ---- ------ --- --- ---- -------------- $32.00 /hr. x 5 hr. = $160.00
Bucket Truck ( 2)-----_-__- -------- - ---------------- _.._ ----------- --- ____ - -$ 5.30 /hr. x 10 hr. _ $53.00
Mini-Excavator ----------------------------- ---- -- -------------- -------------- $19.50/hr. x 5 hrs. _ $97.50
2 yd. Dump --------------------------------------------------- - - - - -- $ 21.00 /hr. x 5 hrs. = $105.00
Pick -up ( 2)--- ------------------ ..------------ ---- - ---------- ------ ------- $ 7.40 /hr. x 18 hrs. = $133.2
Total $ 686.20
Labor
Equipment Oper. --- __--- ________
- -____ ($21.95 * /hr.x1.28573 +$5.29/hr) x 10 hrs. = $335.12
Crew Leader ---------------------
- - - - -- ($21.95 * /hr.x1.28573 +$5.29/hr) x 14 hrs. = $469.19
Laborer (2) --------------------
- - - - -- ($11.00/hr.x1.28573 +$5.29/hr) x 36 hrs. = $699.59
Signal Tech ----- - ----- -- -------
-- - - - - -- ($27.72 * /hr.x1.28573 +$5.29 /hr) x 5 hrs. = $204.65
Signal Craftsman ------- - - - - --
--- -________ ($21.95 * /hr.x1.28573 +$5.29/hr) x 5 hrs. = $167.56
Total $1,876.11
Project Total $8,404.92
*Includes overhead costs adjustment of 28.573% and $5.29/hr insurance benefit
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T - E - X - A - S
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FROM:
PREPARED BY:
MEETING DATE:
REQUESTED ACTION:
BACKGROUND
L�
City Council Agenda Item
City Council
Kyle Haves, City Manager
Dr. Hani J. Tohme, P.E., Director of City Utilities
September 9, 2014
Council consider a resolution authorizing the execution of
an agreement with Valero.
Valero Partners Lucas, LLC has requested a 4 -inch water meter to serve its Lucas Terminal on
West Port Arthur Road. The service line from the City's existing water main to the proposed
water meter will cross a railroad that is owned by Southern Pacific. Valero has agreed to assign
their agreement with the railroad for an existing 16 -inch diameter pipeline to the City. This
pipeline will serve as the casing for the 4 -inch diameter water service line. The proposed water
meter will be situated within a Water Line Easement accepted by Council on August 26, 2014.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, Valero Partners Lucas, LLC has request a four inch (4 ") water meter
to serve its Lucas Terminal on West Port Arthur Road; and,
WHEREAS, the service line from the City's existing water main to the proposed
water meter will cross a railroad that is owned by Southern Pacific; and,
WHEREAS, Premcor Pipeline Co. has agreed to assign their agreement with the
railroad for an existing sixteen inch (16 ") pipeline and a twenty inch (20 ") casing to the City;
and,
WHEREAS, this pipeline will serve as the casing for the four inch (4 ") water service
line; and,
WHEREAS, it is also necessary for Premcor Pipeline Co. to convey its interest in
a 158.5 foot section of pipeline to the City for the installation of the water line and meter;
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 agreements with
Premcor Pipeline Co. for assignment of rights to certain Southern Pacific Railroad right -of-
way and the conveyance and assignment of an approximate 158.5 foot section of a sixteen
inch (16 ") pipeline and twenty inch (20 ") casing. The Bill of Sale and Assignment and
Assignment Agreement are substantially in the form attached hereto as Exhibits "A" and
"B" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of
September, 2014.
- Mayor Becky Ames -
BILL OF SALE AND ASSIGNMENT
THE PREM(OR PIPELINE CO., a Delaware corporation, with an address of One
Valero Way, San Antonio, Texas 7 9249 ( "Assignor "), for Ten and Noi 100 Dollars (S 10.00) and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, hereby assigns, sets over, transfers and delivers to THE CITY OF BEA] J MONI',
a municipal corporation domiciled in Jefferson County, Texas, with an address of P.O. Box
3827, Beaumont, Texas 77704 ("Assignee"), all of Assignors right, title, and interest in and to
an approximately 158.5-foot portion of Assignor's certain sixteen -inch (16") pipeline and
twenty -inch (20 ") casing known as Assignor's Lllcas Terminal Casing No. 8, located in Jefferson
County, Texas, which casing is shown on Exhibit "A" attached hereto and made a part hereof
for all purposes (collectively, the "Property ").
THE PROPERTY CONVEYED HEREBY IS CONVEYED "AS IS," "WHERE IS"
AND "WITH ALL FAUL'T'S" AND ASSIGNOR MAKES NO REPRESENTATIONS OR
WARRANTIES WHATSOEVER, WHETHER EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE, AS TO THE PROPERTY'S MERCHANTABILITY, MARKETABILITY,
CONDITION. OR FITNESS OR SUITABILITY FOR ANY PARTICULAR USE OR
PURPOSE. THIS INSTRUMENT SHALI, GOVERN IN THE EVENT OF ANY CONFLICT
BETWEEN IT AND ANY PRIOR OR CONTEMPORANEOUS REPRESENTATION.
DOCUMENT OR AGREEMENT MADE OR EXECUTED BY ASSIGNOR OR AN OF ITS
AGENTS, EMPLOYEES OR REPRESF,NfAfIVES.
By a separate Assignment Agreement dated , 2014, between Assignor,
Assignee, and Strong Capital I Funding, LP (successor in interest to Southern Pacific
Transportation Company), that certain license agreement (the "License Agreement ") dated
January 14, 1977, relating to the Property, has been assigned by Assignor to Assignee, pursuant
to the terms and conditions of the License Agreement.
This instrument is made and accepted subject to (a) any and all matters of record, (b) any
matters which a survey would reveal, (c) liens for taxes not yet delinquent, (d) all consents,
approvals, authorizations or permits of, or filings with or notifications to, any person or entity
\which is required to be obtained, made or complied with for or in connection with any sale,
assignment, transfer or encumbrance of the Property or any portion thereof (collectively, the
"Approvals "), and (e) the rights reserved to or vested in any governmental authority to control or
regulate any of the Property and all applicable laces of such authorities.
To the extent that any required Approvals have not been obtained as of the date hereof
and the failure to obtain such Approvals would give rise to the right on the Part of any third party
to terminate or limit any right of Assignor or Assignee with respect to any of the Property
affected thereby, then any provision contained in this instrument shall not become effective with
respect to such Property unless and until such Approval has been obtained, waived or is no
longer required. When such Approval has been obtained, waived or is no longer required, this
instrument shall automatically become effective without the need for any further action on the
part of Assignor, assignee, or any other person and without payment of any further
consideration. Until such time as any such Approval has been obtained or waived or is no longer
EXHIBIT "A"
required. Assignor shall (without infringing on the legal rights of any third party or violating any
law) provide Assignee with the equivalent benefits of' the Property aff=ected, by subcontract or
otherwise, on the condition that Assignee shall (with0LJt infringing on the legal rights of any third
party or violating art law) cooperate and assist in such eiiOuts and shall bear all economic
burdens and other obligations and liabilities of Assignor under the affected Property,
notwithstanding the fact that the same have not been transferred to Assignee.
TO HAVE AND TO HOLD the Property unto Assignee, its suCCessors alid assigns
forever, such that neither Assignor, nor any successor or assign of Assignor, shall have. claim or
demand any right, title, interest or estate therein or with respect thereto, and subject to tide
matters set forth above.
This Bill of Sale and Assignment shall be governed by and construed in accordance with
the laws of the State of Texas, and is binding upon and shall inure to the benefit of the parties
hereto and their respective successors and assigns. This instrument is executed in multiple
Counterparts, each of Mitch shall be deemed an original, but all of which together shall constitute
one and the same instrument.
(slgnalter'es containecl on the nev pagil
DATFD to bl- ei'f'cctl\,C
APPROVED
LEGAL
Z c
,2014 (the "i--A fcclive Date-)
ASSIGNOR:
Till" PRENCOR I'IPF-,i,INF CO.
Janics V. Stegall ) resident
AS Q, I ( i NI I �. I,-
THE CITY 01: BFIAUNIONT
B� - --
Name:
Title:
No Text
n ORIGINAL
ASSIGNMENT AGREEMENT
Ti IIS ASSIGNMENT AGREEMENT, dated as of 5:00 p.m. cn is entered
into and executed and delivered by and among The Premcor Pipeline Co., a Delaware
Corporation, whose address is One Valero Way, E2A -110, San Antonio, TX 78249 -1616
(hereinafter called "Assignor"); City of Beaumont. a Texas municipality, whose address is
P O Box 3827, Beamont, Texas 77704 (hereinafter called "Assignee "); and Strong Capital I
Funding, 1_0, a Delaware Limited Partnership, (hereinafter called "Strong ");
WHEREAS, Assignor and Strong, or their respective predecessors in interest, entered
into one or rrro:e agreement(s), as amended or supplemented prior to the date hereof, and
described on Exhibit A attached hereto and made a part hereof (collectively, the "Agreement').
and
WHEREAS, the parties desire to amend the Agreement in connection with the execution
and delivery of this Assignment in order to, among other things, modify amend and supplement
certain payment (including without limitation payment amounts and certain payment terms),
liability and indemnification provisions.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained here n, and other good and valuable consideration in hand paid and delivered, the
receipt, adequacy and legal sufficiency of which are hereby acknowledged by each of Assignor,
Assignee and Strong, the parties do hereby agree as follows:
1. Assignment. The Assignor, for Ten and no,"! 00 Dollars ($10.00) and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
hereby fully, coTrpletely and validly sells, assigns, conveys, transfers, sets over and delivers to
the Assignee all of the Assignor's right, title, benefit, privileges and interest in, to and under the
Agreement (the "assigned Rights "), subject to the terms, condilions and limitations set forth
therein. Any indemnity obligation(s) contained in the Agreement shale be enforced against
Assignee only to the extent said indemnity is implemented pursuant to or in compliance with the
Constitution and laws of the State of Texas. TO HAVE AND TO HOLD the ,Agreement and
Assigned Rights unto Assignee and its successors and assigns forever.
2. Assumption- Except as otherwise provided herein, the Assignee hereby accepts
the above assignment of the Assigned Rights and assumes and agrees to be bound by and to
perform and observe fully and faithfully all of the covenants, stipulations, terms, provisions,
duties, obligaticns and conditions contained in said Agreement to be performed and observed by
the Assignor; and assumes and agrees to timely pay and perform, honor, discharge and satisfy
all duties, obligations and liabilities of Assignor arising out of or relating to the Agreement or
Assigned Rights (the "Assumed Liabilities ").
3. Effect of Assignment. Strong, in consideration of the covenants and agreements
of the Assignor and the Assignee herein contained, gives its consent to the aforesaid assignment,
provided, however, that such consent shall not be deemed or construed to authorize any further
assignment of said Agreement, whether voluntary, by operation of law, or otherwise, without the
prior written consent of Strong; provided, further, that as between the Assignor and Strong,
neither this Assignment nor anything herein contained shalt be construed as releasing the
Assignor from the obligation to perform and observe fully and faithfully all of the Assumed
Liabilities coniamed in said Agreement to be performed by the Assignor prior to the Effective
Time (hereinafter defined).
4. Administrative Proce�ng Fee_ Assignor shall pay to Strong an administrative
processing fee in the amount of SEVEN HUNDRED FIFTY AND NO /100 DOLLARS ($750.00)
upon the execu:ion and delivery of this Assignment by check.
EXHIBIT "B"
5. Amendments to Agreement. The Agreement is hereby amf.nded to include the
following prom ion(s):
The sections indicated in the "Rental Section "column of Exhibit A shall be deleted in
their entirety and replaced with the following:
(a). "As partial consideration for the permission herein given,
Assignee shall pay to Strong, as rental the sum stated in the "Rental Amount'
column of Exhibit A. payable annually in advance and subject to annual
adjustment. Acceptance by Railroad of rental in advance shall not be construed
as a waiver by Railroad of its right to terminate as set forth on the "Termination
Section" colu rnn of Exhibit A.
(b). C I'll FactorAdjustments. Th e a n nual renta I a mo u nt s hall
automatically and without notice to Licensee, be adjusted, upwards only, on each
anniversary of the Effective Time of this Assignment by the CPI Factor as
indicated cn the Consumer Price Index, Urban Wage Earners and Clerical
Workers, U.S. City Average, All Items (1982 -8d =100) (the "Consumer Price
Index "), published by the United States Department of Labor, Bureau of tabor
Statistics, or any successor or substitute index published as a replacement for
the Index by any United States Governmental agency, or by a minimum of three
percent (3 %). The "M Factor" is the percentage of adjustment stated in the
Consumer Price Index (indicated in the previous sentence) established during
the last available twelve -month period immediately preceding each anniversary
of the Effective Time of this Assignment, adjusted to the nearest one -tench of one
percent.
(c). Interest. All amounts due hereunder shall bear interest from the
date when due until paid at a rate of eighteen percent (18°x`0) per annum. Such
interest shall be governed by the laws of Texas, without regard to conflicts of
laws principles, and in no eventwill interest exceed the maximum amount
permitled by such lays.
(d)_ Dispute Resotution. Any dispute, controversy or claim arising
from or in connection with the Agreement, an alleged breach of the Agreement or
the relationship of the parties under the Agreement, whether based on contract,
tort, common taw, equity, statute, regulation, order or otherwise (a "Dispute ")
shall be resolved as follows:
(1) Informal Resdution. Except as otherwise provided
herein, the parties will attempt to resolve any Dispute through informal
negotiations before proceeding to arbitration as provided below.
Negotiations for an informal resolution of a Dispute shall be initiated by
written request from the party requesting negotiations to the other party.
Upon sending and receipt of a request for negotiations, each party to the
Dispute will appoint a designated representative. The task of the
designated representatives will be to meet for the purpose of
endeavoring to resolve such Dispute- The designated representatives
shall have the authority to make binding decisions and /or commitments
on behalf of the party they represent. The designated representatives
shall meet as often as they reasonably deem necessary to resolve the
Dispute %4thout the necessity of any formal limitations. Formal
proceedings for the resolution of a Dispute may not be commended until
the earlier of: (A) the designated representatives mutually concluding n
good faith that amicable resolution through continued negotiation of the
matter does not appear likely or (B) the expiration of the thirty (30) day
period immediately following the dale of the initial writlen request tc
negotiate the Dispute.
(ii) Failing informal resolution, the dispute shall be finally
resolved by the initiation of formal legal proceedings in a court of
competent jurisdiction located in the State of Texas, including any
appeals) therefrom.
it Facilities. The "structure" description in the Agreement is hereby amended to reference a
4-inch water line inside a 16" casing (formerly a 16" crude line, but now out of service) inside a
20 -inch casing at mile post 24.06, E.S. 336 +69 as described on the attached exhibit "B" frerein
which is added to the agreement as an additional supplement.
6. Full Force and Effect; Entire Agreement; Amendment. Except as otherwise
expressly provided in this Assignment, all other terms, conditions and provisions of the
Agreement rerialn in full force and effect without amendment or modification. In the event of any
conflict, inconsistency or incongn,ity between any provision of this Assignment and any provision
of the Agreement, the provisions of this Assignment shall govern and control. This Assignment
embodies the entire agreement among the parties relating to the subject matter hereof and may
be arnended only by an instrument in writing executed by an authorized officer of each party
hereto. The parties may waive any of the conditions contained herein or any of the obligations of
the other party hereunder, but any such waiver shall be effective only if in writing and signed by
the party waiving such condition(s)or obligation(s).
?. Severability. If any term, provision, covenant or restriction of this Assignment is
held by a court of competent jurisdiction or other authority to be invalid, void or unenforceable, the
remainder of the terms, provisions, covenants and restrictions of this Assignment shall remain in
full force and effect and shall in noway be affected, impaired or invalidated.
3. Governing Law, Interpretation. This Assignment shall be construed and
interpreted in accordance with the laws of the State of Texas, without regard to conflicts of law
principles. Where required for proper interpretation, words in the singular shall include the plural,
the masculine gender shall include the neuter and the feminine, and vice versa. The terms
"successors and assigns" shall include the heirs, administrators, executors, successors, and
assigns, as applicable, of any party hereto. For purposes of construction, this Assignment will be
deemed to have been drafted by all parties hereto. This Assignment shall be, binding and shall
inure to the benefit of the parties and their respective successors and assigns.
9. Acknowledgement s. The Assignee hereby acknowledges the title in and to the
Assigned Rights to be good and agrees never to assail or resist said title. The consummation of
the assignment of the Assigned Rights and the assumption of the Assumed Liabilities pursuant to
this Assignment shall be deemed Assignee's acknowledgement that it has had an adequate
opportunity to make such legal, factual and other inspections, inquiries and investigations as it
deems necessary, desirable or appropriate with respect to the Assigned Rights and Assumed
Liabilities. Except as otherwise expressly set forth in this Assignment and the documents or
instruments executed in connection herewith Assignee shall not be entitled to and shall not rely
upon Strong's or Strong's agents with regard to, and Strong will not make any representation or
warranty with respect to the legal status of the Assigned Rights and Assumed Liabilities or the
condition of title to the Assigned Rights or the nature, status and extent of any right -of -way, lease,
right of redemption, possession, lien, encumbrance, license, reservation, covenant, condition,
restriction, or any other matter affecting the Assigned Rights or Assumed Liabilities. Assignee is
acquiring the Assigned Rights and assuming the Assumed Liabilities "as is and where is" with all
faults.
This agreement shall be considered to be effective as of _ _ (the
"Effective Time ").
IN WITNESS WHEREOF, the parties hereto have caused this Assignment to be
executed in triplicate as of the date first above written.
"Assignor"
Assignee"
The Premcor Pipeline Co. The City of Beaumont
APPAUgt) Name: J }r1r {•� L� Name:
LE
Title (/ �r�t rrS��t� n b- Title:_
Date 2�`�� Date:
RAILROAD MANAGEMENT COMPANY, LLC
As agent for
STRONG CAPITAL I FUNDING, LP
Bp.
Name L— j - - -- - - - --
-� nn l —_ -5 �
Title: Uri i]N \litJ
Date: �I_ 2—b 1 �'�"
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T - E• X• A• S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
James P. Singletary, Chief of Police
September 9. 2014
C
REQUESTED ACTION: Council consider a resolution authorizing the execution of a
Mutual Aid Agreement with local government entities that
are part of the South East Texas Regional Planning
Commission (SETRPC) Region.
BACKGROUND
Mutual aid agreements provide a mechanism for local governments to seek assistance when
emergencies present equipment and manpower requirements beyond the capacity of an
individual jurisdiction. The South East Texas Regional Planning Commission facilitated Mutual
Aid Agreement enables parties to enter into such an agreement before times of an emergency or
disaster. This updated agreement will replace all City to City and City to County Mutual Aid
Agreements from 2002. This resolution would also rescind all prior mutual aid agreements
between Beaumont and other governmental entities which are signatories to the joint agreement
after the required notice is provided. This revised agreement includes specific guidance on point
of contact designation. activation of the agreement, initiating requests for assistance, recovering
costs, and reflects recent changes in state law (specifically in Government Code 418 during the
last legislative session) and official FE-MA guidance. This single regional mutual aid agreement
is available for all eligible jurisdictions and political subdivisions as defined by the agreement.
The South East Texas Regional Planning Commission is not an actual signatory to the
agreement, but will be responsible for maintaining and distributing current contact information to
all parties. SETRPC will also maintain duplicate or certified copies of the original signature
pages of the agreement..
FUNDING SOURCE
None.
RECOMMENDATION
Approval of Resolution.
SOUTH EAST TEXAS REGIONAL PLANNING
COMMISSION REGION
MUTUAL AID AGREEMENT
State of Texas
County of Jefferson§
This Mutual Aid Agreement (the ``Agreement „) is entered into by, between, and
among local government entities wholly or partially within the South East Texas
Regional Planning Commission Region ( "SETRPC „), as defined in the By -Laws of the
SETRPC which :include all jurisdictions within Hardin, Jefferson and Orange counties,
that by their signatures on duplicate original copies of this Agreement have consented to
the terms of this Agreement (individually, a "Party,,, and collectively, the "Parties„).
WHEREAS, the Parties recognize the vulnerability of the people and
communities located in the Region to damage, injury, and loss of life and property
resulting from Emergencies and recognize that Emergencies may present equipment and
manpower requirerr►ents beyond the capacity of each individual Party; and,
WHEREAS, the Parties to this Agreement recognize that in the past Mutual Aid
has been provided between or among the Parties in the form of personnel, equipment, and
other resources during Emergencies and to help with recovery; and,
WHEREAS, the governing officials of the Parties desire to secure for each Party
the benefits of Mutual Aid and protection of life and property in the event of an
Emergency; and,
WHEREAS, the Parties wish to make suitable arrangements for furnishing
Mutual Aid in coping with Emergencies and are so authorized and make this Agreement
pursuant to Chapter 791 of the Texas Government Code (Interlocal Cooperation Act),
Chapter 418 of the Texas Government Code (Texas Disaster Act of 1975), Chapter 421
of the Texas Government Code (Homeland Security), and Chapter 362 of the Local
Government Code, and,
WHEREAS, the Parties recognize that a formal agreement for Mutual Aid would
allow for better coordination of effort, provide that adequate equipment is available„ and
help ensure that Mutual Aid is accomplished in the minimum time possible and desire to
enter into this Agreement to provide Mutual Aid consistent with the mutual aid plans
developed by the respective jurisdictions and approved by the governing bodies of the
jurisdictions.
NOW, THEREFORE, the Parties agree as follows:
Terms
1. RECITALS
The recitals set forth above are true and correct.
2. DEFINITIONS
For purposes of this Agreement, the terms listed below shall have the following
meanings:
Agreement — this South East Texas Regional Planning Commission
facilitated Mutual Aid Agreement.
b. Emergency — Any incident, whether natural or human - caused, that
requires responsive action to protect life and property.
Mutual Aid — cooperative emergency response assistance in connection
with a homeland security activity, such as an activity related to the
prevention or discovery of, response to, or recovery from a terrorist attack,
natural or man -made disaster, hostile military or paramilitary action, or
extraordinary law enforcement emergency including the provision of
personnel, equipment, and other resources.
d. NIMS — the National Incident Management System.
Point of Contact -- the individual or individuals authorized by the
governing body of each Party to request or respond to a request for Mutual
Aid on behalf of the Party. A Party's Emergency Management Director or
Chief Executive Officer is always a Point of Contact, in addition to those
designated as the Point of Contact.
f Recquesting Party — the Party requesting Mutual Aid under this Agreement.
g. Res onding Party— the Party providing Mutual Aid assistance under this
Agreement.
3. ADMINISTRATIVE AGENCY
The Parties hereby designate the South East Texas Regional Planning
Commission, (hereinafter, "SETRPC „) to be the Administrative Agency under
this Agreement. SETRPC shall be responsible for maintaining and distributing
current Point of Contact information to all Parties. SETRPC is also responsible
for maintaining duplicate or certified copies of the original signature pages of the
Parties to this Agreement. SETRPC is not a signatory to the Agreement, and is not
bound by any provision contained herein that is not directly related to the duties
of the Administrative Agency.
4. POINT OF CONTACT DESIGNATION
Each party shall provide the Administrative Agency with written protocol by
which its' designated Point of Contact may be contacted twenty -four hours a day,
South East Texas Regional Planning Commission facilitated Mutual Aid Agreement
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seven days a week. This protocol shall designate, by name or position, the person
or persons authorized to request or respond to a request for Mutual Aid on behalf
of a Party under this Agreement. Each Party must notify the Administrative
Agency in writing of any change in its Point of Contact protocol as soon as
practicable.
5. ACTIVATION OF AGREEMENT
This Agreement is activated when a request is made for mutual aid assistance.
The request shall be documented by the Requesting Party and forwarded to each
Party from whom assistance is sought.
6. INITIATION OF REQUEST
A request under this Agreement may be made by a Point of Contact after one of
the following occurs:
a. After a declaration of a local state of Disaster pursuant to Chapter 418 of
the Texas Government Code, as amended; or,
b. After a finding of an Emergency as defined in this Agreement.
7. PROCEDURES FOR REQUESTS
Subject to the conditions in this Section, a Point of Contact may request Mutual
Aid assistance by: (I) submitting a written request for assistance to a Point of
Contact of a Responding Party, or (2) orally communicating a request for Mutual
Aid assistance to a .Point of Contact of a Responding Party, which shall be
followed up by written documentation.
a. The written request shall state that the request is made pursuant to this
Agreement.
b. Mutual aid shall not be requested by a Party unless it is directly related to
the Emergency and resources available from the normal responding
agencies to the stricken area are deemed to be inadequate, or are predicted
to be expended prior to the resolution of the Emergency.
c. All requests for Mutual Aid shall be transmitted by a Point of Contact of
the Requesting Party to a Point of Contact of the Responding Party.
d. Each request for assistance shall be accompanied by the following
information, to the extent known:
A general description of the Emergency and the damage or injury
sustained or threatened;
i;i. Identification of the general emergency service function or
functions for which assistance is needed (e.g. fire, law
enforcement, emergency medical, search and rescue,
transportation, communications, public works and engineering,
building, inspection, planning and information assistance, mass
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care, resource support, health and other medical services, etc.) and
the particular type of assistance needed;
iii. The amount and type of personnel, equipment, and other resources
needed and a reasonable estimate of the length of time that each
will be needed;
iv. The location(s) to which the resources are to be dispatched and the
specific time by which the resources are needed; and,
v. The name and contact information of a representative of the
Requesting Party, if available, to meet the personnel and
equipment of any Responding Party at each location to which
resources are dispatched.
8. THE PROVISION OF MUTUAL AID
Subject to the conditions of this Section, upon request of the Requesting Party,
each Party hereto shall furnish Mutual Aid in coping with an Emergency.
a. Assessment of Availability of Resources and Ability to Render Assistance.
When contacted by a Requesting Party, a Point of Contact of the Party
from which aid is requested agrees to assess local resources to determine
availability of personnel, equipment and other assistance to respond to the
request. A Responding Party is not required to provide Mutual Aid
assistance unless the Responding Party determines that the Responding
Party has sufficient resources to provide assistance, based on current or
anticipated events in its jurisdiction.
b. Information Required of the Responding Part,.
A Point of Contact who determines that the Responding Party has
available personnel, equipment, and other resources, shall so notify the
Requesting Party and provide the following information, to the extent
known:
i. A complete description of the personnel and their expertise and
capabilities, equipment, and other resources to be furnished to the
Requesting Part}
it The estimated length of time that the personnel, equipment, and
other resources will be available,
iii. The name of the person or persons to be designated as supervisory
personnel; and,
iv. The estimated time of arrival for provided assistance to arrive at
the designated location(s).
c. Supervision and Control.
When providing assistance under the terms of this Agreement, the
response effort must be organized and function in accordance with NIMS
guidelines. The personnel, equipment, and resources of a Responding
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Party being used in the response effort will be under the operational
control of the Requesting Party. Direct supervision and control of
personnel, equipment and resources, as well as personnel accountability,
shall remain the responsibility of the designated supervisory personnel of
the Responding Party. Emergency Medical Services organizations
providing assistance under this Agreement will utilize medical protocols
authorized by their medical director. The designated supervisory personnel
of the Responding Party shall: maintain daily personnel time records,
material records and a log of equipment hours; be responsible for the
operation and maintenance of the equipment and other resources furnished
by the Responding Party; and, report work progress to the Requesting
Partv.
d. Food, Housing. and Self - Sufficiency.
The Requesting Party shall have the responsibility of providing food and
housing for the personnel of the Responding Party from the time of their
arrival at the designated location(s) to the time of their departure.
However, Responding Party personnel and equipment should be, to the
greatest extent possible, self - sufficient while working in the Emergency
area. The Requesting Party may limit its request for assistance to only
self- sufficient personnel and resources in its request for assistance.
e. Rights and Privileges.
Personnel who are assigned, designated or ordered by their Party's
goveniing body to perform duties pursuant to this Agreement shall
continue to receive the same wages, salary, pension and other
compensation including injury or death benefits, disability payments, and
workers' compensation benefits, for the performance of those duties as
though the services had been rendered for the Party employing the
personnel. The Responding Party employing the person is responsible for
the payment of wages, salary, pension, and other compensation and
benefits associated with the performance of duties under this Agreement.
f License Portability.
If the assistance of a person who holds a license, certificate, permit, or,
other document evidencing qualification in a professional, mechanical, or
other skill is requested by a Party under this Agreement, the person is
considered licensed, certified, pennitted, or otherwise documented in the
Requesting Party's jurisdiction in which the service is provided as long as
the service is required, subject to any limitations imposed by the chief
executive officer or governing body of the Requesting Party.
g. The Duration of Aid.
The provision of Mutual Aid under this Agreement may continue until. the
services of the Responding Party are no longer required, or the
Responding Party determines that further Mutual Aid should not be
provided. Resources of the Responding Party shall remain subject to recall
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by the Responding Party at any time, subject to reasonable notice to the
Requesting Party,
9. COSTS
All costs associated with the provision of Mutual. Aid exceeding twelve
consecutive hours shall be paid by the Responding Party and reimbursed by the
Requesting Party at actual cost, to the extent permitted by law. Such costs include
but are not limited to: compensation for personnel; operation and maintenance of
equipment; damage to equipment; and food, lodging and transportation expenses.
a, Requests for reimbursement must be submitted as soon as practicable but
no later than sixty days after the return of all personnel deployed under
this Agreement. Submission will follow the standard billing practices as
pre - established by each jurisdiction. Failure to submit a request for
reimbursement within the specified time frame will result in the
Responding Party not being reimbursed for the Mutual Aid provided
unless the Requesting Party extends the deadline for filing requests for
reimbursement or the Federal or State Government extends the deadline
for filing request for reimbursement. Such requests shall specifically
identify all personnel, equipment, and resources provided; dates of
issuance or duration of deployment, and the unit cost and total costs
associated with each.
b. The Responding Party shall be responsible for creating and maintaining a
record of all costs incurred, both reimbursed and unreimbursed costs, in
providing Mutual Aid under this Agreement. The record shall be kept for a
period of three years from the date the incident is closed.
c. In the event federal funds are available for costs associated with the
provision of Mutual Aid, the Parties agree that the Requesting Party may
make the claim for the eligible costs of the Responding Party on its
subgrantee application and will disburse the federal share of funds to the
Responding Party.
d. Reimbursement under this Section will be made by the Requesting Party
no later than: (1) one- hundred eighty days after receipt of the request for
reimbursement; or (2) ninety days after the Requesting Party receives
reimbursement from the federal or state government, whichever is sooner.
e. The provision of Mutual Aid will be considered non - reimbursable if the
Responding Party does not request reimbursement within the time
specified in this Section.
10. INSURANCE
a. Workers' Compensation Coverage. Each Party shall be responsible for
complying with the Texas Workers' Compensation Act.
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b. Automobile Liability Coverage. Each Party shall be responsible for
complying with the Texas motor vehicle financial responsibility laws.
c. General Liability, Public Officials Liability and Law Enforcement
Liability. Each Party agrees to obtain or continue its general liability,
public official "s liability and law enforcement liability insurance. if
applicable, or maintain a comparable self - insurance program.
d. Other Coverage: The Responding Party shall provide and maintain its
standard packages of medical and death benefit insurance coverage while
its personnel are assisting the Requesting Party.
11. EXPENDING FUNDS
a. Each Responding Party which performs services or furnishes aid pursuant to
this Agreement shall do so with appropriated funds from current revenues
available to the Responding Party, to the extent permitted by law. No Party
shall have any liability for the failure to expend funds to provide aid
hereunder.
b. Each Requesting Party which reimburses costs of a Responding Party shall do
so with appropriated funds from current revenues available to the Requesting
Party, to the extent permitted by law.
12. EMERGENCY ASSISTANCE AND LAW ENFORCEMENT ASSISTANCE
Notwithstanding any other provisions herein, any Party hereto may provide
emergency assistance or law enforcement assistance to another Party as provided
in Section 791.027 of the Texas Government Code or Section 362.002 of the
Texas Local Government Code.
13. TERM
This Agreement shall become effective as to each Party when approved and
executed by that Party and shall be binding on each and every Party through
December 3 I of the year signed. This Agreement shall automatically renew for a
period of one year upon the completion of the initial term and each subsequent
term unless and until such time as the governing body of a Party tenninates its
participation in this Agreement pursuant to Section 25 of this Agreement.
Termination of participation in this Agreement by a Party(ies) shall not affect the
continued operation of this Agreement between and among the remaining Parties
and this Agreement shall continue in force and remain binding on the remaining
Parties.
14. LIABILITY IN FIRE PROTECTION CONTRACT OR PROVISION OF
LAW ENFORCEMENT SERVICES.
To the extent that this Agreement is considered an Agreement under Section
791.006 of the Texas Government Code, the Responding Party under this
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Agreement is not responsible for any civil liability that arises from the furnishing
of services described in Section 791.006.
15. LIABILITY UNDER INTERLOCAL CONTRACT
A Party that furnishes a service related to a homeland security activity, as defined
in Chapter 421 of the Texas Government Code, under this Agreement is immune
from civil liability for any act or omission resulting in death, damage, or injury
while acting under this Agreement if the act or omission was in good faith and in
the course and scope of its functions to provide a service related to a homeland
security activity. To the extent that any service is not considered to be a homeland
security activity, as defined in Chapter 421 of the Texas Government Code, the
Requesting Party assumes all risk of and responsibility for any claims against the
Responding Party that arise out of the Responding Party's furnishing of Mutual
Aid under this Agreement, so long as, the act or omission was in good faith and in
the course and scope of its functions to provide Mutual Aid under this Agreement.
16. ENTIRETY
This Agreement contains all commitments and agreements of the Parties
regarding Mutual Aid to be rendered during or in connection with an Emergency.
All previously entered into Regional Mutual Aid Agreements are superseded by
this Agreement. No other oral or written commitments of the parties shall have
any force or effect if not contained herein. Notwithstanding the preceding
sentence, it is understood and agreed that certain signatory Parties may have
heretofore contracted or hereafter contract with each other for Mutual Aid in
Emergencies or the provision of other government services and functions, and it is
agreed that this Agreement shall be subordinate to any such individual agreement.
17. OTHER MUTUAL AID AGREEMENTS
To assist each other in the process of Mutual Aid response planning, each Party
shall inform the Administrative Agency of all mutual aid agreements,
memorandums of agreement or understanding, or contracts that each Party has
with other municipalities, entities, counties, and state or federal agencies and
furnish copies of said mutual aid agreements, memorandums of agreement or
understanding, or contracts to the Administrative Agency, preferably in electronic
format, if and when feasible and /or permissible.
18. RATIFICATION
Each Party hereby ratifies the rendering and /or receiving of Mutual Aid taken
prior to the date of this Agreement.
19. INTERLOCAL COOPERATION ACT
The Parties agree that Mutual Aid in the context contemplated herein is a
"governmental function and service„ and that the Parties are "local governments„
as those terms are defined in the Interlocal Cooperation Act.
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20. CONFIDENTIALITY
The Parties recognize that the provision of Mutual Aid under this Agreement may
result in the transfer of confidential medical information between them. The
Parties shall guard the confidentiality of such information as required by the
federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), the
Texas Medical Practice Act, and other state privacy laws pertaining to the
confidentiality of medical records.
21. SEVERABILITY
If a provision contained in this Agreement is held invalid for any reason, the
invalidity does not affect other provisions of this Agreement that can be given effect
without the invalid provision, and to this end the provisions of this Agreement are
severable.
22. VALIDITY" AND ENFORCEABILITY
If any current or future legal limitations affect the validity or enforceability of a
provision of this Agreement, then the legal limitations are made a part of this
Agreement and shall operate to amend this Agreement to the minimum extent
necessary to bring this Agreement into conformity with the requirements of the
limitations, and so modified, this Agreement shall continue in full force and effect.
23. AMENDMENT
The Parties agree that this Agreement may be reviewed annually by a regional ad-
hoc committee composed of the agency Emergency Management Coordinators or
Emergency Management Directors where no coordinator has been appointed. At
least sixty calendar days (60 days) before any meeting at which an amendment or
amendments to this Agreement will be considered and voted upon, the
Administrative Agency shall send out notice to each Party to this Agreement
informing them of the proposed amendment(s). This notice shall include the
language of the amendment(s), and a list of current ad -hoc committee members
and the jurisdictions they represent. Each Party may direct any comments or
concerns about said amendment(s) to their respective Emergency Management
representative(s) prior to said meeting. The adhoc committee may recommend
amendment to the agreement which will then be submitted to the respective
parties' governing bodies for authorization.
24. TERMINA`rION
The goveirning body of a Party which is a signatory hereto, shall, by order,
ordinance, or resolution, give notice of termination of participation in this
Agreement and submit a certified copy of such order, ordinance, or resolution to
the Administrative Agency. Such termination shall become effective not earlier
than 30 days after the filing of such notice. The termination by one or more of the
Parties of its participation in this Agreement shall not affect the operation of this
Agreement as between the other Parties hereto. Upon receipt of said notice to
terminate participation in the Agreement, the Administrative Agency shall notify
the remaining Parties to the .Agreement in writing within ten days.
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25. THIRD PARTIES
This Agreement is intended to inure only to the benefit of the Parties hereto. This
Agreement is not intended to create, nor shall be deemed or construed to create,
any rights in third parties.
26. NOTICES
Any notice required or permitted between the Parties must be in writing,
addressed to the attention of each respective Point of Contact, and shall be
delivered in person, or mailed certified mail, return receipt requested, or may be
transmitted by facsimile transmission or email.
27. AUTHORIZATION
The Agreement has been officially authorized by the governing or controlling
body of each Party hereto by order, ordinance or resolution and each signatory to
this Agreement represents that the signatory has full authority to execute this
Agreement on behalf of and to legally bind the respective Party to this
Agreement.
28. IMMUNITY RETAINED
The Parties to this Agreement do not waive or relinquish any immunity or del'ense
on behalf of itself, officers, employers, agents, and volunteers as a result of its
execution of this Agreement and the performance of the covenants contained
herein.
29. GOVERNING LAW AND VENUE
The laws of the State of Texas shall govern this Agreement. In the event of art
Emergency physically occurring within the geographical limits of only one county
that is a Party hereto, venue shall lie in the county in which the Emergency
occurred. In the event of an Emergency physically occurring in more than one
county that is a Party hereto, venue shall be determined in accordance with the
Texas Rules of Civil Procedure.
30. PARTY ELIGIBILITY
Any local government as that term is defined in Chapter 791 of the Texas
Government Code may be a Party to this Agreement, provided that no Party is an
agency, department or entity of the same town, county or State government.
31. FORMS
The Administrative Agency may prepare and provide forms designated for the
purposes of this Agreement to be used by the Parties.
32. HEADINGS
The headings at the beginning of the various provisions of this Agreement have been
included only to more quickly locate the subject covered by each provision and are
not to be used in construing this Agreement.
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EXECUTED by the Parties hereto, each respective entity acting by and through its duly
authorized official as required by law, on multiple counterparts each of which shall be deemed to
be an original, effective among the parties who sign it at the time of their signature, on the date
specified on the multiple counterpart executed by such entity.
ATTEST /SEAL:
City or County Clerk
APPROVED:
Agency Administrator
APPROVED AS TO FORM:
City or County Attorney
L.D. File No.
Agency
CITY /County OF
Signed by:
Mayor or Judge
COUNTERSIGNED BY:
.TEXAS
Emergency Management Coordinator
DATE COUNTERSIGNED:
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RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the Mayor, City Manager, and Emergency Management Coordinator be and
they are hereby authorized to execute a joint Mutual Aid Agreement (MAA) with the local
governmental entities within the South East Texas Regional .Planning Commission
(SETRPC) region to provide the necessary mutual aid as may be requested by another
government agency signatory to the agreement for emergency or disaster conditions as
defined by the Government Code 418; and,
BE IT FURTHER RESOLVED THAT, where it is deemed necessary and prudent,
all previously existing mutual aid agreements executed between the City of Beaumont and
any signatory to the joint mutual aid agreement are to be rescinded upon the giving of the
proper notice.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of
September, 2014.
- Mayor Becky Ames -
� -C
€ jcHf WITH OPPORTUNITY
C► (
T - E - X - A - S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Dr. Joseph Majdalani, P.E., Public Works Director
September 9, 2014
REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a
fifteen foot (15') wide Non - Exclusive Water Meter Easement.
BACKGROUND
Industrial Safety Training Council (ISTC) has agreed to convey a fifteen foot (15') wide non-
exclusive Water Meter Easement to the City of Beaumont. The easement is described as being a
495 square foot tract out of Tract 15 -A of McFaddin Trust Map No. 2. The water meter
easement is for the construction of a new building at 3749 Hwy 69.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution,
RESOLUTION NO.
WHEREAS, Industrial Safety Training Council (ISTC) has agreed to convey one (1)
fifteen foot (15') wide non - exclusive water meter easement, said easement being a 495
square foot tract out of Tract 15 -A of McFaddin Trust Map No. 2, as described in Exhibit
"A" and shown on Exhibit "B," attached hereto, to the City of Beaumont for the purpose of
constructing a new building located at 3749 Hwy 69, and,
WHEREAS, the City Council has considered the purpose of said conveyance and
is of the opinion that the acceptance of said conveyance is necessary and desirable and
that same 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 one (1) fifteen foot (15') non - exclusive water meter easement conveyed by
Industrial Safety Training Council (ISTC) being a 495 square foot tract out of Tract 15 -A
of McFaddin Trust Map No. 2, as described in Exhibit "A" and shown on Exhibit "B,"
attached hereto, be and the same is hereby, in all things, accepted for the stated purpose.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of
September, 2014.
- Mayor Becky Ames -
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY" OF JEFFERSON X
WATER METER EASEMENT
THAT, INDUSTRIAL SAFETY TRAINING COUNCIL (ISTC), of the County of
Jefferson, State of Texas, hereinafter called "GRANTOR ", whether one or more, for and in
consideration of the sum of ONE AND NO /100 DOLLAR ($1.00), and other good and valuable
consideration to it in hand paid by the CITY OF BEAUMONT, a municipal corporation
domiciled in Jefferson County, Texas, hereinafter called "GRANTEE ", the receipt and
sufficiency of which consideration is hereby acknowledged, has GRANTED. SOLD and
CONVEYED, and by these presents does GRANT. SELL and CONVEY unto the CITY OF
BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its
successors and assigns, an easement to use, repair, alter, and maintain a single underground
water meter and appurtenances on the hereinafter described lands which said easement is under,
over, in and across that certain tract or parcel of land owned by GRANTOR situated in the
County of Jefferson, State of Texas, and being more particularly described in Exhibit "A & B ",
attached hereto and made a part hereof for all purposes. Grantor will have the right to relocate
the water meter as needed for Grantor's use of the property provided the relocation is at
Grantor's expense and approved by the City of Beaumont's Water Utilities Director or similarly-
titled representative.
The easement herein granted shall be used for the purpose of operating, repairing,
rebuilding. replacing, relocating, and removing a water meter as needed for operation of
Grantor's facilities on the property. The easement shall be exclusive insofar as use of the
easement land for underground utilities is concerned, but Grantor reserves the right to use the
surface of the easement land for vehicular parking, driveways. landscaping, fencing, and other
EXHIBIT "A"
surface uses that will not interfere with or damage the water meter. Grantor shall have the right
to pave all or any portion of the surface of the easement land, but no permanent structures or
buildings will be constructed on the easement land. Grantor will install the water meter at a
depth that will not be damaged by the contemplated use of the surface by Grantor.
It is expressly understood and agreed that the City of Beaumont shall have the right of
access to the water meter and appurtenances at all reasonable times to improve., maintain and
operate the same as permitted by law, and will attempt to use existing driveways and that portion
of Grantor's property that is immediately adjacent to the water meter. Non - emergency
maintenance and repairs will be with 48 hours prior notice to Grantor.
Grantor will be responsible for the initial installation or construction of the water meter
on Grantor's property in accordance with the plans and specifications included in the utility plan
at Grantor's expense. After initial construction of the water meter and acceptance by Grantee,
Grantee will be responsible for maintenance and repair of the water meter and appurtenances at
Grantee's expense. Grantor agrees not to place any strictures or appurtenances on or over the
water meter that will interfere with the use of the Easement for water meter purposes.
Grantee shall not be responsible for the repair and replacement of any paving or other
structures that may be damaged by Grantee's non - negligent maintenance or repair of the water
meter and appurtenances.
TO HAVE AND TO HOLD the above described easement and right -of -way unto the said
CITY OF BEAUMONT, its successors and assigns forever.
EXECUTED this day of 2014
INDUSTRIAL SAFETY TRAINING COUNCIL
By
Chris Lamson. President & CEO
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNT" OF JEFFERSON X
BEFORE ME, the undersigned authority, on this day personally appeared Chris Lamson, President
and CEO of INDUSTRIAL SAFETY TRAINING COUNCIL known to me to be the person
and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that
the same was the act of the said INDUSTRIAL SAFETY TRAINING COUNCIL. and that he
executed the same for the purposes and consideration expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day:
of 2014.
Notary Public. State of Texas
RETURN TO:
City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont. TX 77704
EXHIBIT "A"
495.00 SQUARE FEET OF LAND
EXCLUSIVE WATER METER EASEMENT
OUT OF TRACT 15 -A OF PARTION MAP NO.2
MCAFADDIN TRUST,
JEFFERSON COUNTY, TEXAS
BEING 495.00 square feet of land out of and a part of the William Carroll Survey. Abstract No.
13. Jefferson County, Texas; being part of Tract I5 -A of McFaddin Trust Partition Map No. 2,
recorded in Volume 7, Page 133, Map Records, Jefferson County, Texas; being part of a (Called
12.500) acre tract of land conveyed to Industrial Safety Training Council, a Texas non -profit
corporation. recorded in File No. 2012026613, Official Public Records, Jefferson County. Texas,
said 517.50 square foot tract being more fully described by metes and bounds as follows. to wit:
COMMENCING at a ' /2" steel rod found, capped and marked "SOUTEX ". found for the
Northeast corner of -the (Called 12.500) acre tract on the Westerly right of way line of a
dedicated road named U.S. Highway 69, 96. 287: having a State Plane Coordinate of N:
13939162.60. E: 3540756.25:
THENCE, South 27 deg., 42 min., 47 sec., East (Called South 23 deg., 57 min.. 00 sec., East),
on the Easterly line of the (Called 12.500) acre tract and the Westerly right of wa} line of said
U.S. Highway 69, 96, 287, a distance of 6.00' to a '/2" steel rod, capped and marked "SOUTEX"
set for the POINT OF BEGINNING and Northeast corner of the herein described tract, having
a State Plane Coordinate of N: 13939157.29, E: 3540759.03, being the
THENCE. South 27 deg., 42 min., 47 sec., East (Called South 23 deg., 57 min.. 00 sec., East),
continuing on the Easterly line of the (Called 12.500) acre tract and the Westerly right of way
line of said U.S. Highway 69, 96, 287, a distance of 15.00' to a'i /z" steel rod, capped and marked
"SOUTEX ", set for the Southeast corner of the herein described tract; from which a %" steel rod,
capped and marked "SOUTEX" found for the Southeast corner of the (Called 12.500) acre tract
bears South 27 deg., 42 min., 47 sec., East (Called South 23 deg., 57 min., 00 sec., East), a
distance of 509.64': having a State Plane Coordinate of N: 13938692.83. E: 3541003.02,
THENCE, South 62 deg., 17 min., 13 sec., West, a distance of 33.00' to a' /2" steel rod, capped
and marked "SOUTEX ", set for the Southwest corner of the herein described tract:
THENCE, North 27 deg., 42 min., 47 sec., West, a distance of 15.00' to a %" steel rod. capped
and marked "SOUTEX'', set for the Northwest corner of the herein described tract:
THENCE, North 62 deg., 17 min., 13 sec.. East, a distance of 33.00' to the POINT OF
BEGINNING and containing 495.00 square feet of land, more or less.
Note: Bearings, distances, coordinates and acreage are based on
State Plane Coordinate Grid System, Texas South - Central Zone, NAD 83.
Scale Factor = 0.999932489, Convergence Angle = 02 deg., 25 min., 51 sec.
Reference Monument == NGS AJ8221.
This description is based on the Land Survey made by
Professional Land Surveyor No. 5481, on August 19. 2014.
Industrial Safety Training Council
LS -12 -0232
SOFT+
Gsr a�IP
Anthony M. TRegistMtR
r'�
C 20
SCALE: 1" = 20'
REMAINDER OF
(CALLED 71.6148 ACRES)
TRACT 15 —A OF
PARTITION MAP NO. 2
THE MCFADDIN TRUST
JEFFERSON COUNTY
F.C. 102 -98 -2006 O.P.R.J.C.
(r FOUND 1/2" STEEL ROD
CAPPED "SOUTEX"
N: 13939157 52
E: 3540676.09
N 86'22'10" E 1016.29'
(CALLED S 89'52'23" E 1016.33'
N 62'17'13" E 33.
METER VAULT
N 27'42'47" W 15.00'—
I
G
�1 �S�pv �PJCJG F,SP
JF%� 20 X026
F�
NCINITY MAP
N. T. S.
METERS
S 62'17'13" W 33.00'
POINT OF COMMENCING
FOUND 1/2" `. STEEL ROD
CAPPED "SOUTEX"
N: 13939162.60
E: 3540756.25
495.00 SQ.FT. OF LAND
EXCLUSIVE HATER MUM
EASEMENT
PART OF TRACT 15 —A
THE MCFADDIN TRUST
JEFFERSON COUNTY, TEXAS
—S 27'42'47" E 6.00'
(CALLED S 23'57'00' E)
P.U.B.
FOUND 1/2" STEEL ROD
CAPPED "SOUTEX"
'4:13939157.29
E: 3540759.03
'S 27'42'47" E 15.00'
(CALLED S 23'57'00' E)
s G
9 y ,
ern T
kP o �C
asp o0 do
oo�p� "o 0�
0
FOUND 1/2" STEEL ROD
\ CAPPED "SOUTEX"
— N: 13938692.83
E: 3541003.02
EXHIBIT B
PAGE 1 OF 1
TO ACCOMPANY DESCRIPTION
OF
A 495.00 SQ.1 T.
EXCLUSIVE WATER METER EASEMENT
OUT OF
A 12.500 ACRE TRACT
OUT OF TRACT 15 —A OF PARTION MAP NO. 2
MCFADDIN TRUST, JEFFERSON COUNTY TEXAS
SURVEYOR'S CERTIFICATION:
The undersigned does hereby certify that this survey was this day 8/19/14
made of the property legally described hereon and is correct. This survey is
certified for this transaction only; it is not transferable to additional
institutions or subsequent owners.
1. COORDINATES & ELEVATIONS SHOWN ARE BASE ON
STATE PLANE COORDINATE GRID SYSTEM, TEXAS -SOUTH
CENTRAL ZONE NAD 83.
COMBINED SCALE FACTOR: 0.999932489,
CONVERGENCE ANGLE: 225'51 ". REF. NGS MON. AJ8221
2. METES AND BOUNDS OF EVEN DATE TO ACCOMPANY
THIS SURVEY.
• = SET $," STEEL ROD
ANTHONY M.
✓ OF Two'
�...� . . .
...... O..N.
NT,,
M.LEGER
LAND SURVEYOR NO. 5481
PROJECT "
X737 D« -tots Dr�e ® INDUSTRIAL SAFETY TRAINING COUNCIL Pon Arthur, Texas (1642 8 Of
3749 HWY 69 NORTH
Tei.409.983.` ?004 JEFFERSON COUNTY, TEXAS
SURVEYORS & ENGINEERS F.,. 4n0 uR� onn� j. Mil
®' T.B.P.E. FlRI EXHIBIT "B"
A. LE
REMAINDER OF
A,
(CALLED 7 1 .6148 ACRES)
�
TRACT 15 —A OF
r�
PARTITION MAP NO. 2
\A
THE MCFADDIN TRUST
JEFFERSON COUNTY
F.C. 102 -98 -2006, O.P.R.J.C.
y
EXHIBIT B
PAGE 1 OF 1
TO ACCOMPANY DESCRIPTION
OF
A 495.00 SQ.1 T.
EXCLUSIVE WATER METER EASEMENT
OUT OF
A 12.500 ACRE TRACT
OUT OF TRACT 15 —A OF PARTION MAP NO. 2
MCFADDIN TRUST, JEFFERSON COUNTY TEXAS
SURVEYOR'S CERTIFICATION:
The undersigned does hereby certify that this survey was this day 8/19/14
made of the property legally described hereon and is correct. This survey is
certified for this transaction only; it is not transferable to additional
institutions or subsequent owners.
1. COORDINATES & ELEVATIONS SHOWN ARE BASE ON
STATE PLANE COORDINATE GRID SYSTEM, TEXAS -SOUTH
CENTRAL ZONE NAD 83.
COMBINED SCALE FACTOR: 0.999932489,
CONVERGENCE ANGLE: 225'51 ". REF. NGS MON. AJ8221
2. METES AND BOUNDS OF EVEN DATE TO ACCOMPANY
THIS SURVEY.
• = SET $," STEEL ROD
ANTHONY M.
✓ OF Two'
�...� . . .
...... O..N.
NT,,
M.LEGER
LAND SURVEYOR NO. 5481
PROJECT "
X737 D« -tots Dr�e ® INDUSTRIAL SAFETY TRAINING COUNCIL Pon Arthur, Texas (1642 8 Of
3749 HWY 69 NORTH
Tei.409.983.` ?004 JEFFERSON COUNTY, TEXAS
SURVEYORS & ENGINEERS F.,. 4n0 uR� onn� j. Mil
®' T.B.P.E. FlRI EXHIBIT "B"
A. LE
r�
RICH WITH i}I'r'i?It'r'UNITY
T E X A S
TO:
FROM:
PREPARED BY:
MEETING DATE:
REQUESTED ACTION:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Laura Clark, Chief Financial Officer
September 9, 2014
Council consider a resolution approving the award of an
annual contract to Lone Star Uniform, Inc., in the estimated
amount of $73,715.00 for City work uniforms, for use by
all City departments other than Police, Fire and FMS.
BACKGROUND
City employee work uniforms include men's and women's pants and shirts, as well as other
items such as jackets, coveralls, and caps when appropriate. Currently, approximately 400 -500
civilian employees are issued three (3) to five (5) sets of uniforms each year. Individual City
departments determine the number of uniforms issued to each employee.
Bids were solicited fi•om seven (7) vendors. Responses were received from four (4) vendors.
Only one (1) local vendor, Munro's Safety Apparel, Inc., submitted a bid although not the lowest
bid. Munro's Safety Apparel, Inc., also submitted an application for local vendor preference.
Munro's raw bid was $82,609.00. Applying the five percent (5 %) local vendor preference
resulted in a net bid of $78,478.55, which did not result in their being the lowest responsible
bidder.
Administration recommends an annual contract for the purchase of civilian employee work
uniforms from Lone Star Uniform, Inc., of Houston, at the unit prices listed on the attached Bid
Tabulation. Lone Star Uniform, Inc., is holder of both past and current contracts for Fire and
Police Department uniforms, and has satisfactorily serviced those contracts.
FUNDING SOURCE
User departments' operating budgets.
RECOMMENDATION
Approval of resolution
RESOLUTION NO.
WHEREAS, bids were received for an annual contract for the purchase of work
uniforms; and,
WHEREAS, Lone Star Uniforms, of Houston, Texas, submitted a bid in the unit
amounts shown on Exhibit "A," attached hereto and made a part hereof for all purposes,
for the estimated amount of $73,715; and,
WHEREAS, City Council is of the opinion that the bid submitted by Lone Star
Uniforms, of Houston, 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 Lone Star Uniforms, of Houston, Texas, in the unit
amounts shown on Exhibit "A," attached hereto and made a part hereof for all purposes,
for an annual contract in the estimated amount of $73,715 for the purchase of work
uniforms be accepted by the City of Beaumont, and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a contract with Lone Star Uniforms, of Houston, Texas, for the
purposes described herein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of
September, 2014.
- Mayor Becky Ames -
-BEAUMONIk
? • t • At - x W CITY OF BEAUM ONT, BEAUNI ONP, TEXAS
PURCHASING DIVISI ON BID TABULATI ON
Bid Name: Annual Contract For Work Uniform!
Bid Number: BF0714 -50
Bid Open Thursday, August 29, 2013
Contact Person: Robert (Bob) Hollar, Hover 11
rhol la rIcki. beau mon t. tx. us
Phone 409 -880 -3758
SECTION 1 -WORK UNIFORMS
Vendor
Promotional Design, Inc.
Tyler Uniform, Inc.
Munro's Safety Apparel
Lone Star Uniforms
City, State
Dallas
'Tyler, TX
Beaumont
Houston
Phone
(214) 295 -8679
(800) 444 -9291
(409) 832 -3434
(832) 237 -8000
ITE
'% For
Unit
Extended
% For
Extended
% For
Extended
% For
Extended
M
DESC
Qty
Oversize
Price
Price
Oversize
unit Price
Price
Oversize
Unit Price
Price
Oversize
Unit Price
Price
Men's Long Sleeve Shirts (White, Lt.
I
Blue or Lt. Tan) REDCAP SPI4
600
20 °a
$11.60
$6,96000
2C °.
$1350
$8,10000
20"0
$12.00
$7200.00
20%
$11.20
$6,720.00
Men's Short Sleeve Shirts ( White, Lt.
9
600
204,,
$970
$5,820 00_0"
o
$1 1,60
$6,960 00
20 °0
$10.00
$6,00000
20%
$9.30
$5,580.00
Blue. or Lt. Tan) RED CAP SP24
Women's Long Sleeve Shirts (White,
1..S
20 0 -0
$11 95
$1,493 75
20%
$15.14
$1,892 50
2010
$13.00
$1,625 00
20%
$12.60
$1,575.00
Lt. Blue, or Lt Tan REDCAP SP13
Women's Short Sleeve Shirts (White,
a
80
20 1-0
$1010
$808.00
20 1,1,
512.90
$1,03200
20 ° -'0
$11.00
$88000
20%
$10.50
$840.00
Lt Blue, or Lt. Tan ) REDCAP $P23
5
Men's Pants Regular Style (Navy,
700
200,
$12.85
$8,995 00
20 ".
514.70
$10290.00
20 °10
$14.00
$9,800.00
20%
$1197
$9,779.00
Brown,' or White RECAP PT20
Men's Pants lean Cut Style (Nave or
6
200
20° 0
$1600
$3,200.00
20%
518.00
S3,60000
20 "-'0
$16.00
S3,20000
20°/
$16,50
$3,300.00
Brown ) REDCAP P'f50
Men's Dungaree w/hammer loop, Navy
7
50
20 °"
$1500
$750.00
20 °0
-
518.''5
-
$91'50
20
$16.00
S80000
200/,
$17.25
$86250
Red Ca PD80 or Equal
Denim Jean ks. Dk Blue, Red Kap
8
50
2000
$1320
S56000
200.
$15.30
$76,500
20%
$15.00
S75000
20%
$14.90
$745.00
PD40 or Equal
_
Women's Pants. Red Kap PT21 or
equal
150
20 1-6
$13.60
$2,040.00
20 °'0
$1650
$2,47500
20 °o
$15.00
$2.25000
20°/
$15.45
$2,31250
TOTAL SECTION 1
$30, 726.75
$36,027.00
532,505.00
$31,719.00
SECTION 2 - SUPERVISOR UNIFORMS
MES /S S/S DRESS SHIRT RED KAP
10
SP80OREQUAL
200
20 °0
$16.30
$3,260.00
30 °,b
51740
$348000
20 10
$24.00
$4,80000
20%
$15.50
$3,100.00
MEN'S L/S DRESS SHIRT RED KAP
11
100
20 ° -0
$17.70
$1,770.00
51900
5190000
20 00
$26.00
$2,60000
20%
$17.30
$1,73000
SP90 OR EQUAL
_
MEN'S POLO SHIRT RFD KAP
11
SK82 /SK72 ORE UAL
100
_
20 °;,
$16.80
$1,680.00
20 °'d
518 00
$1.800.00
20%
$24.00
$2.40000
200/
$16.00
$1,600.00
MEN'S WORK PANT RED KAP PT10
13
100
20 0-0
514.90
$1,49000
20 0'"
$17 85
$1785.00
20 °,'0
$1600
$100000
20%
$16.65
$1,665
ORE UAL
-00
WOMEN'S S/S DRESS SHIRT RED
14
KAP SPBI ORE CAL
20
_
20%
$16.30
$32600
2004
$1740
$34800
20°0
$2300
5460.00
200/
$16.00
$320.00
WOMEN'S L/S DRESS SHIRT, RED
U
KAP SP91 ORE UAL
30
_
300 -0
$17.70
$354.00
20 °a
$1900
$3800o
20",.
$25.00
$500.00
20%
$16.80
$336.00
WOMEN'S POLO SHIRT RED KAP
I6
SKI' ORE UAL
50
20 °0
$16.80
$84000
20 °a
$1800
$90006
20 00
$24.00
$1,20000
20%
$15.50
$775.00
WOMEN'S WORK PANT RED KAP
$1500
$16 60
$16
$15.50
17
PTI1 ORE AL
U'
SO
20 °a
$75000
'_0 °'0
$83006
20 "0
.00
$80000
20%
$775.00
TOTAL SECTION 2
$10,470.00
$11,423.00
$14,360.00
$10,301.00
SECTION 3 - COVERALL JACKETS & MISC
TEAM JACKET, RED KAP JT38)JT5
18
ORE UAL
'_00
30 °�
529 75
$5,950 00
201
$31 $31.60
�
$6,3_0 0
2 00: �
$2900
$5.800 00
200/
$29.50
$5,900.00
PAN ELJACKE'T.RF,D KAP JTSOOR
19
E CAL
50
_
200-,
$29.75
$1,48750
$33.00
$1,65000
20 ° =6
$2900
$1,450.00
20%
$29.50
$1,475 -00
DUCK INSU LATED VEST RED KAP
°0
VD22 ORE UAL
50
_
20 11-d
$3500
$1,75000
200,
54220
$2,11000
20%
$3800
$1.900.00
20%
$38.50
$1,925.00
COVERALL. L'S RED KAP
CT10 /A'B6 OR EQUAL
100
_
20 0 �
$25 00
$2,500 OU
_ U °e
S26 75
$3,675 00
20 °�
$24.00
$_ 400 00
',
20% 1
$26.00
$2,600.00
COVERALL, S,S RED KAP CTIONV_
-
OREQUAL
100
20 0-,
$2500
$2,50000
201ro
5'_6.75
$2,675 00
20 °a
$25.00
S2.500 00
200/6
$24.00
$2,400.00
DENIM BIB OVERALL RED KAP
23
BD100REQUAL
Al
20%
$2900
$145000
20 °0
53420
$1,71000
20 °0
$32.00
51,60000
20%
$32.50
$1,625.00
DUCK BIB OVERALL ( WELDERS)
24
RED KAI' BD30 OR EQUAL
10
_
20a
$7050
$ 765 00
20%
59250
$925 OO
20 °0
$80.00
$80000
20%
$87.00
$870.00
25
BALL-CAP
_D00
$5.00
$10,000.00
$5.00
510,000.00
$500
$10,000.00
$4.00
$8000.00
HI VIS SAFETY VGEST ANSI
26
CLASS 3. RFD KAP \ YV2YF.OR
'OU
20". -0
$21 00
$4200.00
20 "o
SO I)(,
S1 800 00
20'4
$800
$1,60000
20%
$9.00
$1,801100
EQUAL
_
HI VIS T-SHIRTFLUOR YFUAL LLOR',
RED KAP SY06YE O R E
00
_
20°"
51100
$2200.00
30 °0
$1147
$2294.00
20 ° -0
$900
$130000
20%
$10.50
$2,100.00
LOGO PA TCH CITY OF BMT BLUE
28
& BROWN
=00t
$1-5
$2.90000
$I 50
S3,00000
$200
$4000 UO
$1.50
$3,000.00
TOTAL SECTION 3
$35,702.50
S35 ,159.00
$33,850.00
$31,695.00
TOTAL BID _
$76,899.25
$82,609.00
$80,715.00
$73,715.00
EXHIBIT "A"
RICH WITH OPPORTTINITY
I
T• E • K • A • $
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS SEPTEMBER 9, 2014 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1 -5 /Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider a resolution authorizing the City Manager to execute an agreement with
CDM Smith, Inc. of Houston to continue management of the Municipal Separate
Storm Sewer System (MS4) Permit for the City of Beaumont
2. Consider a resolution authorizing the award of a bid to Delta Structural
Technology, LLC of Conroe for the construction of the Lindbergh Drive Overpass
Emergency Repairs
3. Consider granting a solid waste collection and transportation service franchise to
Sprint Waste Services, L.P.
4. Consider a resolution approving the award of an annual contract for Heating,
Ventilation and Air Conditioning services to Air Comfort, Inc., of Beaumont
WORK SESSION
Review and discuss a proposed Riverfront Reinvestment Zone Project Plan
5. Consider a resolution approving the Beaumont Riverfront Reinvestment Zone
Project Plan
WORK SESSION
COMMENTS
Discuss the issue of Credit Access Businesses
Review and discuss the adoption of fees to play tennis at the Municipal Tennis
Center located at the Athletic Complex
Councilmembers /City Manager comment on various matters
Public Comment (Persons are limited to 3 minutes)
EXECUTIVE SESSION
Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
City of Beaumont v. Richard James III and The Sports Society for
American Health
Consider matters related to employment, evaluation and duties of a public officer
or employee in accordance with Section 551.074 of the Government Code:
City Manager, Kyle Hayes
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.
ri
September 9, 2014
Consider a resolution authorizing the City Manager to execute an agreement with CDM Smith,
Inc. of Houston to continue management of the Municipal Separate Storm Sewer System (MS4)
Permit for the City of Beaumont
RICH WITH OPPORTUNITY
r
?I(
T E - X• A S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Dr. Joseph Majdalani, P.E., Public Works Director
September 9, 2014
REQUESTED ACTION: Council consider a resolution authorizing the City Manager
to execute an agreement with CDM Smith, Inc. of Houston
in the amount of $285,000 to continue management of the
Municipal Separate Storm Sewer System (MS4) Permit for
the City of Beaumont.
BACKGROUND
On October 16, 2012, by Resolution No. 12 -249, City Council awarded CDM Smith, Inc. of
Houston an agreement for Professional Engineering Services to manage the Municipal Separate
Storm Sewer System (MS4) Permit. The manager of the permit conducts dry and wet: weather
screenings of our five major outfalls in the City. Under the permit, the City is required to submit
an annual report summarizing activities and results of the screenings and other inspections
conducted throughout the year. The manager of the permit completes this report for the City.
The contract amount for FY2015 will increase by $45,000 from the previous FY2014 contract
amount of $240,000 due to additional services being provided as outlined below:
CDM Smith will be conducting catchment delineation to improve the City's outfall
inventory process as well as conducting maintenance on the existing samplers that have
not been replaced.
CDM Smith, Inc. will be performing regular scheduled maintenance on the City's
equipment for the FY2015 contract that was not included in the FY2014 contract.
The permit renewal process will include preliminary investigations regarding potential
permitting requirements, coordination with TCEQ as needed, preparation of permit
application as needed and fact sheets (if requested), and review of and comment on draft
permits when received.
FUNDING SOURCE
General Fund - Public Works Department.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO. 12 -249
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the award of an Engineering Services Agreement
to CDM Smith, Inc., of Houston, Texas, in an amount not to exceed $240,000 to manage
the Municipal Separate Storm Sewer System (MS4) Permit. 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 16th day of
October, 2012.
rayor Becky Ames -
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the award of an Engineering Services Agreement
to CDM Smith, Inc., of Houston, Texas, in an amount not to exceed $285,000 to manage
the Municipal Separate Storm Sewer System (MS4) Permit. The agreement is substantially
in the form attached hereto as Exhibit "A" and made a part hereof for all purposes;
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of
September, 2014.
- Mayor Becky Ames -
ENGINEERING SERVICES AGREEMENT
STATE OF TEXAS
COUNTY OF JEFFERSON §
CITY OF BEAUMONT
I
AGREEMENT FOR
Engineering and Related Services
for
Municipal Separate Storm Sewer System Permit
SECTION 1
This Agreement made and entered into in Beaumont, Jefferson County, Texas between
the City of Beaumont, a Municipal Corporation in the State of Texas, hereinafter termed "City"
and CDM Smith, duly licensed, and practicing under the laws of the State of Texas, hereinafter
termed "Engineer ", said Agreement being executed by the City pursuant to the City Charter and
Ordinances and Resolutions of the City Council, and by said Engineer for the Engineering
Services hereinafter set forth in connection with the above designated Project for the City of
Beaumont.
I. General
A. Detailed Project Description
The Engineer will manage the Municipal Separate Storm Sewer System (MS4) Permit for
the City of Beaumont. The Engineer will conduct all representative monitoring, calibrate
flow meters, conduct required dry and wet weather screenings, and Industrial monitoring.
The Engineer will prepare and submit an Annual Report to the TCEQ and EPA and
represent the City on permit renewal modifications_ The Engineer will conduct employee
training at City departments and provide Storm Water Management Program (SWMP)
implementation activities for Best Management Practices (BMPs). The Engineer will
assist the City on Industrial facility inspections and construction site audits when needed.
The Engineer shall update and maintain herbicide and pesticide compliance along with
data management. Engineer will perform other duties as required by the MS4 Permit.
B. The Engineer shalt not commence work on this proposed Project until he has been
notified in writing to proceed.
FY 2015 storm Water Agreement 1
EXHIBIT "A"
The Engineer, in consideration for the compensation herein provided, shall render all
professional services, including any associated subconsultants, necessary for the
development of the Project to completion, as provided in this Agreement.
II. Basic Services
A. Meet with the City to determine the schedule for project.
B. Conduct all required monitoring.
1. Representative monitoring.
a. Preparation for sampling events, including procurement and maintenance of
sampling equipment as required by the City.
b. Collect composite samples during three seasonal events at five locations.
c. Submit samples to appropriate laboratory including sample preservation, chain of
custody, and sample volume calculations based on flow estimates developed
using DD6 stage measurements.
d. Analyze laboratory data and compile DMR forms for data submission to the
TCEO /EPA via the MS4 Annual Report.
e. Inform the City of any problems with associated collections and methods to
resolve problems.
2. Dry weather screening (20% of all outfalls in given year or greater; or on alternative
schedule as agreed upon with City of Beaumont).
a. Onsite test kit analysis of dry weather flows as per project standard operating
procedures.
b. Reporting of illicit discharges and tracking elimination efforts as per project
standard operating procedures.
c. Review and confirm previously identified outfalls
d. Development of drainage area delineations for outfalls as requested by the City
e. Inform the City of any problems with associated screenings or discharges and
methods to resolve problems.
3. Wet weather screening (per schedule defined in Bacteria Reduction Plan and/or
permit).
a. Identification of and field investigation of wet weather screening locations
b. Field sample collections and test kit analysis.
c. Reporting of illicit discharges and tracking elimination efforts.
d. Inform the City of any problems with associated screenings or discharges and
methods to resolve problems.
4. Industrial monitoring (conducted if deemed necessary by inspection or other
requirements).
a. Assist City with industrial monitoring as requested
If request, perform laboratory sample collection and preservation as well as
laboratory submission and chain of custody documentation.
b. If requested by City, analyze laboratory results for prioritized facility inspection.
c. Inform the City of any problems with associated industrial screenings or
FY 2015 Storm Water Agreement 2
discharges.
5. Landfill MSGP monitoring (conducted during wet weather screenings as required by
Multi- Sector General Permit).
a. Laboratory sample collection and preservation.
b. Laboratory submission and chain of custody documentation.
c. Inform the City of results and any problems with associated industrial screenings
or discharges.
C. Development and submission of Annual Report.
1. Conduct DD6 and City of Beaumont departmental meetings and quarterly data
requests to assess compliance as required
2. Gather required data for the annual report using tracking spreadsheets and submit
methods of improvement as needed.
3. Provide Draft of annual report to City staff by January 15, 2014
4. Submit MS4 Annual Report to TCEQ by February 1, 2014
D. Storm Water Management Program Implementation.
1. Conduct employee training at city departments or during one annual training, event.
2. SWMP Implementation Activities for BMPs.
a. Implement SWMP activities for Permit Year 4 as requested by City
b. SWMP review and identification of implementation priorities.
c. Update guidance documents, inspection forms and outreach materials.
E. Inspection Services.
1. Industrial Facility Inspections. As requested by City, one engineer will attend
industrial inspections with City inspector.
a. Preparation and initial facility research.
b. Facility compliance records review.
c. Review Facility benchmark monitoring records and record information into
centralized tracking spreadsheet.
d. Facility walk - through and inspection report completion.
e. Review correspondence with industrial facility.
f. Implementation of associated enforcement actions and related correspondence.
2. Construction Site Audits. As requested by City, one engineer will attend industrial
inspections with City inspector.
a. Municipal construction site audits to assess compliance with TCEQ construction
general permit.
F. Permit Renewal.
1. Preliminary investigations and coordination with TCEQ for permit renewal
2. Preparation of permit application and fact sheet (if requested)
3. Review of draft permit
4. General permit renewal modifications as needed.
5. Represent City in permit negotiations with TCEQ/EPA.
6. SWMP modifications.
G. Herbicide and Pesticide Compliance
FY 201 5 Storm Water Agreement 3
1. Conduct departmental meetings to assess compliance.
H. Data Management.
1. Maintain tracking spreadsheet for annual reporting.
2. Develop database and GIS map for tracking major outfalls inventory.
3. Special Services (not applicable to this agreement)
4. Additional Services
All work that will be performed by the Engineer at the request of the City that is described in
this paragraph and not included in the paragraphs above, shall constitute Additional Services.
Additional Services shall include, but are not limited to the following:
a. Services required by the City in any litigation or other controversy as an expert witness,
including actual testimony time, stand -by waiting time, preparation of engineering data
and reports or depositions and consulting with the City or its attorney.
b. Preparation of any special reports, applications for permits or grants, and appearances
before any regulatory agencies or public hearings.
c. Any revisions of previously approved work.
d. Any travel and subsistence to points other than Engineer's or City's Offices and Project
site.
e. Preparation of exhibits.
f. Additional services due to significant changes in scope of Project or its design including
but not limited to changes in size, complexity, or character of construction as agreed to
by both parties. These tasks may be authorized at the direction of the Public Works
Director.
5. Coordination
a. The Engineer shall hold monthly conferences with the Public Works Director, hereinafter
termed "Director ", or his representatives to the end that the Project as developed shall
have the full benefit of the City's experience and knowledge of existing needs and
facilities, and be consistent with its current policies and standards. To assist the Engineer
in this coordination, the City shall make available for the Engineer's use in planning and
designing the project all existing plans, maps, field notes, statistics, computations, and
other data in its possession relative to existing facilities and to this particular Project, at
no cost to the Engineer. However, any and all such information shall remain the property
of the City and shall be returned if instructed to do so by the Director.
b. The Director will act on behalf of the City with respect to the work to be performed under
this Agreement. He shall have complete authority to transmit instructions, receive
FY 2015 Storm Water Agreement 4
information, interpret and define the City's policies and decisions with respect to
materials, equipment, elements and systems pertinent to Engineer's services.
c. The City will give prompt written notice to the Engineer whenever the City observes or
otherwise becomes aware of any defect (error or omission) in the Engineer's services or
any development that affects the scope or timing of Engineer's services.
d. The Engineer shall promptly report, in writing, to the City of any development that would
affect the scope or timing of the Project.
6. Fee Schedule
a. General
For and in consideration of the services to be rendered by the Engineer in this Agreement,
the City shall pay and the Engineer shall receive the compensation hereinafter set forth
for the Engineer's services described in Sections Il, III, and IV.
B. Basic and Special Services
The basis of compensation for Basic and Special Services shall be at the standard hourly
rates and expenses as provided in the Schedule of Hourly Rates and Expenses shown on
Attachment A. The Engineer agrees that the total services and expenses shall not exceed
$285,000 without the City's prior written authorization.
C. Additional Services
Compensation for Additional Services that are authorized by the Director shall be
determined based on the standard hourly rates and expenses as shown in Attachment A
and shall not exceed an amount to be determined at the time the Additional Services are
requested.
1. City Payments
a. Payments shall be made to the Engineer based on the several phases as described above
and in accordance with the following:
i. One hundred percent (100 %) of the amount due the Engineer for work performed
in each phase shall be payable on a monthly basis.
b. Payment shall be made within thirty (30) days after submittal of the request for payment
for work performed. Payment shall be considered past due forty -five (45) days after
submittal.
FY 2015 Storm Water Agreement
c. The City reserves the right to make an audit of charges claimed for this agreement for
services.
2. Revisions to Drawings and Specifications (not applicable to this agreement)
The Engineer shall make, without additional expense to the City over and above the basic
fee, such revisions to the Design Phase as may be required to meet the needs of the City.
After approval of the Design Phase by the City, any revisions, additions, or other
modifications made at the City's request that involves extra services and expenses to the
Engineer shall be subject to additional compensation to the Engineer for such extra services
and expenses.
3. Ownership of Documents
All documents including the original drawings, estimates, specifications, field notes and
data, will remain the property of the Engineer as instruments of service. However, it is to be
understood that the City shall have free access to all such information with the right to make
and retain copies of drawings and all other documents including field notes and data. Any
re -use without specific written verification or adaptation by Engineer will be at City's sole
risk and without liability or legal exposure to Engineer.
4. Termination
Either party to this Agreement may terminate the Agreement by giving the other thirty (30)
days notice in writing and in accordance with the following procedure:
a. Upon delivery of such notice by either party to the party, and upon expiration of the thirty
day period, the Engineer shall discontinue all services in connection with the
performance of this Agreement and shall proceed to cancel promptly all existing orders
and contracts insofar as such others or contracts are chargeable to this Agreement. As
soon as practicable after receipt of notice of termination, the Engineer shall submit a
statement, showing in detail the services performed under this Agreement to the date of
termination. The Owner shall then pay the Engineer promptly that proportion of the
prescribed charge to which the service actually performed under this Agreement is
applicable and useable to this Project, less such payments on account of the charges as
have been previously made. Copies of specifications prepared under this Agreement
shall be delivered to the City when and if this Agreement is terminated, but subject to the
restrictions, as to their use, as set forth in Section VIII.
b. Failure by the Engineer to comply with the submittal of the statement, and documents as
required above shall constitute a waiver by the Engineer of any and all rights or claims to
collect any monies that the Engineer may rightfully be entitled to for services performed
under this Agreement.
FY 2015 Storm Water Agreement 6
5. Engineer's Warranty
The Engineer warrants that he has not employed or retained any company or person other
than a bona fide employee working solely for the Engineer to solicit or secure this Contract,
and that he has not for the purpose of soliciting or securing this Contract paid or agreed to
pay any company or person, other than a bona fide employee working solely for the
Engineer, any fie, commission, percentage, brokerage fee, gift, or any other consideration,
contingent upon or resulting from the award or making of this contract.
6. Equal Employment Opportunity
The Engineer agrees to follow the Minority Business Enterprise requirements and /or develop
an Affirmative Action Plan as set forth by the City.
7. Assignment or Transfer of Interest
The Engineer shall not assign or transfer its interest in the Contract without the written
consent of the City.
8. Indemnification/Liability
The Engineer shall save and hold harmless the City from all claims and liability due to
activities of himself, his agents, or employees, performed under this Contract and which
result from a negligent act, error or omission of the Engineer or of any person employed by
the Engineer. The Engineer shall also save harmless the City from any and all expenses,
including attorney fees which might be incurred by the City in litigation or otherwise
resisting said claim or liabilities which might be imposed on the City as result of such
activities by the Engineer, his agents, or employees and for which the Engineer is found to be
legally liable.
The Engineer shall, within one week after signing the contract and before any work shall
start, furnish the city with certificates of insurance naming the City as additional insured
satisfactory to the City indicating the existence of Statutory Workmen's Compensation
Insurance, and comprehensive General Liability Insurance. Such insurance shall be at the
Engineer's expense. The limits shall be as follows:
Comprehensive General Liability and Auto Liability Insurance shall not be less than
$1,000,000.00 per incident / $1,000,000.00 per occurrence.
These certificates shall contain a provision that the City shall be notified thirty (30) days
before cancellation of the insurance. The Engineer shall maintain such insurance in force
during the life of the contract and no modification or change of insurance carriage and
provision shall be made without thirty (30) days written advance notice to the City.
9. Estimates of Cost
FY 2015 Storm Water Agreemert 7
Since the Engineer has no control over the cost of labor, materials, or equipment or over the
contractor's methods of determining prices, or over competitive bidding or market conditions,
his opinions of probable Project Cost or Construction Cost provided for herein are to be
made on the basis of his experience and qualifications and represent his best judgment as a
design professional familiar with the construction industry but the Engineer cannot: and does
not guarantee that proposals, bids or the construction cost will not vary from opinions of
probable cost prepared by him.
10. Interest in City Contracts Prohibited
No officer or employee of the City shall have a financial interest, direct or indirect, in any
Contract with the City, or shall be financially interested, directly or indirectly, in the sale to
the City of any ]and, materials, supplies or service, except on behalf of the City as an officer
or employee.
11. Entire Agreement
This Agreement: represents the entire and integrated Agreement between the City and
Engineer and supersedes all prior negotiation, representatives, or agreements, either oral or
written. This Agreement may be amended only by written instrument signed by both the
City and Engineer.
SECTION 2
IN WITNESS WHEREOF, the City of Beaumont has lawfully caused these presents to
be executed by the hand of the City Manager of said City, and the corporate seal of said City to
be hereunto affixed and this instrument to be attested by the City Clerk, and the said Engineer,
acting by the hand of Tobin Maples thereunto authorized signee title, does now sign, execute and
deliver this document.
Done at Beaumont, Texas, on this day of
CDM SMITH
A
By:
Principal
Attest: dviu,- k,
IF
FY 2015 Storm Water Agreement 8
A.D. 2014.
CITY OF BEAUMONT
By:
City Manager
Attest:
ATTACHMENT A
SCHEDULE OF HOURLY RATES
AND EXPENSE
FY 2015 Stormwater Agreement CDM Sm ith.docx
CDM Schedule of Hourly Billing Rates
October 1, 2014 through September 30, 2015
Hourly Rates
Clerical $85.00
Staff Support Services $105.00
Senior Support Services $140.00
Technical/ Professional Services:
Technician I $100.00
Technician II $125.00
Professional I $110.00
Professional II $120.00
Professional III $140.00
Professional IV $150.00
Professional V $16o.00
Senior Professional $175.00
Principal /Associate /Senior Technical Specialist $190.00
Officer /Senior Technical Consultant $210.00
CDM Schedule of Hourly Billing Rates
October i, 2o14 through September 30, 2015
Chica & Associates
Technical /Professional Services:
Clerical /Administrative $53.00
Engineering Technician $71.00
EIT $80.00
Project Engineer $110.00
Senior Project Engineer $140.00
Project Manager $163.00
All sub - consultants (OP) expenses are subject to a handling /administrative charge
of io %. Other project related (ODC) expenses are also subject to a 1o%
administrative charge.
Monthly invoices will be generated using the above billing rates.
2
September 9, 2014
Consider a resolution authorizing the award of a bid to Delta Structural Technology. LLC of
Conroe for the construction of the Lindbergh Drive Overpass Emergency Repairs
RICH WITH OPPORTLNITY
r
T• E• X• A - S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Dr. Joseph Majdalani, P.E., Public Works Director T `,t
September 9. 2014
REQUESTED ACTION: Council consider a resolution authorizing the award of a bid
to Delta Structural Technology, LLC of Conroe in the
amount of $51,039.88 for the construction of the Lindbergh
Drive Overpass Emergency Repairs.
BACKGROUND
On Friday, August 8, 2014, a train derailment within the Union Pacific rail yard resulted in a
railroad car impacting one of the reinforced concrete columns supporting the Lindbergh Drive
Overpass. Due to the nature and location of the impact, Lindbergh Overpass was immediately
closed to all traffic. Following a thorough inspection of the damage, the overpass was declared
unsafe for travel and should remain closed until repairs are made. This section of Lindbergh
Drive is a major thoroughfare between College Street and Phelan Boulevard and serves as the
primary travel route for Caldwood Elementary School. Due to the amount of traffic serviced by
Lindbergh Drive Overpass and the adverse effects of its closure on public welfare and safety this
repair has been elevated to emergency status.
Schaumburg & Polk, Inc. (SPI), a local engineering firm, was tasked with providing construction
plans for the repair. The Texas Department of Transportation provided preliminary construction
details and SPI incorporated these details into the final design plan. On Wednesday, August 27,
2014, bids were received for furnishing all labor, materials, equipment and supplies for the
construction of the Lindbergh Drive Overpass Emergency Repairs.
Three (3) bids were received as follows:
Contractor
Bid Amount
_ Location
Wasky Services, LLC_ $38,575.00 Baton Rouge, LA
Delta Structural Technology, LLC $51,039.88 Conroe, TX
APAC - Texas, Inc. _ $88,650.00 Beaumont, TX
SPI was asked to evaluate the bids received and provide a recommendation of award. During
SPI's evaluation, the apparent low bidder was deemed unresponsive as all required documentation
was not provided. On August 28, 2014 SPI provided their recommendation that the contract be
awarded to Delta Structural Technology, LLC for their bid in the amount of $51,039.88.
FUNDING SOURCE
Not applicable. Union Pacific Railroad will be responsible for the construction cost as well as
engineering and related expenses.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, on Friday, August 8, 2014, a train derailment within the Union Pacific
rail yard resulted in a railroad car impacting one of the reinforced concrete columns
supporting the Lindbergh Drive Overpass; and,
WHEREAS, due to the nature and location of the impact, Lindberg Overpass was
immediately closed to all traffic and was declared unsafe for travel until repairs are made;
and,
WHEREAS, due to the amount of traffic serviced by Lindberg Overpass and the
adverse effects of its closure on public welfare and safety, the repair has been elevated
to emergency status; and,
WHEREAS, Schaumburg & Polk, Inc. (SPI), a local engineering firm was tasked
with providing construction plans for the repair, evaluating the bids received, and providing
a recommendation of award for the repair; and,
WHEREAS, the apparent low bidder, Waskey Services, LLC, was deemed
unresponsive as all required documentation was not provided, therefore, SPI provided their
recommendation that the contract be awarded to the next lowest bidder, Delta Structural
Technology, LLC, in the amount of $51,039.88 as shown in Exhibit "A," attached hereto;
and,
WHEREAS, City Council is of the opinion that the bid submitted by Delta Structural
Technology, LLC, of Conroe, Texas, is in the best interest of the City and 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 Delta Structural Technology, LLC, of Conroe, Texas, for
a contract for furnishing all labor, materials, equipment and supplies for the construction
of the Lindbergh Drive Overpass Emergency Repairs Project, in the amount of $51,039.88,
be accepted by the City of Beaumont; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a contract with Delta Structural Technology, LLC, of Conroe, Texas,
for the purposes described herein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of
September, 2014.
- Mayor Becky Ames -
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3
September 9, 2014
Consider granting a solid waste collection and transportation service franchise to Sprint Waste
Services, L.P.
RICH WITH OPPORTUNITY
17L
T - E - X - A - S
TO:
FROM:
PREPARED BY:
MEETING DATE:
REQUESTED ACTION
BACKGROUND
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Laura Clark. Chief Financial Officer
September 9. 2014
Council consider granting a solid waste collection and
transportation service franchise to Sprint Waste Services.
1'. P.
On January 1, 2014, Triangle Waste ( a wholly -owned subsidiary of Sprint Waste Services. LP)
merged into Sprint Waste Services, LP. Triangle Waste has a solid waste franchise agreement
with the City, of Beaumont but due to the legal change in corporate structure and merger with
Sprint Waste Services. LP, it is necessary for the company to obtain a franchise agreement with
the City in the name of Sprint Waste Services, LP. According to City Ordinance 22.05.101. no
person shall engage in the business of collecting, hauling or transporting, in the city. any garbage,
waste or refuse, without first having obtained a franchise from the City. Seven (7) entities
currently have nonexclusive franchise agreements with the City and are doing business in this
area.
The requested franchise is generally the same as those previously approved by City Council. It
provides for a term of one year from its effective date and a franchise fee of seven percent (7 %)
of gross revenues received for service. It also requires the entity to indemnify the City of
Beaumont and provide insurance which names the City of Beaumont as a named insured.
According to City Charter, franchise ordinances require readings at three (3) separate Council
meetings, with the third not less than thirty (30) days from the first reading. The ordinance does
not take effect until sixty (60) days after its adoption on the third and final reading. After passage,
the ordinance must be published for four (4) consecutive weeks in a newspaper of general
circulation in the city. All publication costs are paid by the franchisee.
This is second reading of the franchise ordinance. The first reading occurred on August 26, 2014.
Franchise for Sprint Waste Services, LP.
September 9. 2014
Page 2
FUNDING SOURCE
A franchise fee of seven percent (7 %) of gross receipts is paid into the General Fund.
RECOMMENDATION
Approval of resolution
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR
SOLID WASTE COLLECTION AND TRANSPORTATION
SERVICES TO SPRINT WASTE SERVICES, L.P.
WHEREAS, Sprint Waste Services, L.P. (the "Company ") has requested a franchise
to operate a solid waste collection and transportation service within the City of Beaumont,
Texas (the "City "), and,
WHEREAS, the City desires to grant such franchise;
NOW, THEREFORE, BE IT ORDAINED BY 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
Section 1.
Grant of Authority
There is hereby granted by the City to Sprint Waste Services, L.P. the right and
privilege to operate and maintain within the City a solid waste collection and transportation
service (the "service "). For purposes of this franchise, the term "solid waste collection and
transportation service" shall mean the regular business of collection, hauling ortransporting
any garbage, rubbish, waste or refuse from locations in the City, and the disposal of such
material in accordance with law. The franchise granted herein is nonexclusive, and
franchises may be granted to other persons for service.
Section 2.
Term of Franchise
The franchise herein granted shall take effect and be in force sixty (60) days after
the final passage hereof as required by law and upon the filing by the Company of an
acceptance with the City Clerk, and shall continue in force and effect until one (1) year
thereafter. The acceptance required hereunder must be in writing and filed with the City
Clerk within thirty (30) days after final passage hereof. Upon the expiration of the term
hereof, this franchise shall continue on a month -to -month basis until terminated by either
party or extended or replaced.
Section 3.
Rates
The Company shall establish rates for service which are uniform as to customer
class based upon such criteria as type of waste, container size, frequency of collection
and distance of travel. The Company shall file its initial rates for service with its
acceptance as required herein. Such rates shall, unless modified by the City, be effective
with the effective date of this franchise. Any modifications in rates by the Company shall
first be filed with the City Clerk and City Attorney and shall be effective thirty (30) days after
such filing unless modified by City as provided herein. Nothing herein shall prevent the
Company from charging uniform rates which are less than the rates filed with the City. The
City shall have the right to establish rates charged by Company for services performed
hereunder, after notice and hearing. Rates established by the City shall be sufficient to
allow the Company an opportunity to earn a reasonable return on its invested capital used
in providing such services.
Section 4.
Franchise Fee
The Company shall pay to the City, on or before the fifteenth (15th) day of each
month, a sum equal to SEVEN PERCENT (7 %) of the gross revenues received for service
in the previous month as payment for the use of the City's streets, alleys and rights -of -way.
The payments herein provided do not relieve Company from the payment of ad valorem
taxes, special assessments, charges, or other fees applicable to the public generally. City
shall have the right, at any reasonable time, to audit the books and records of the
Company and the Company is hereby required to make such books and records available
at the request of City. Upon written acceptance, the Company shall furnish to the City a
listing of customers served, including customer name, address, frequency of pick -up, size
of container or type of service and charge for same. The following report shall be filed
monthly with the City Manager or his designee along with the street rental payment
required herein:
Upon written request and within thirty (30) days of receipt, the Company shall
furnish to the City adequate reconciliation of reported revenues which would
include: a listing of names and addresses of all customers served, frequency
of pick -up, size of container or type of service and charge for same, and date
service was initiated and discontinued.
Section 5.
Indemnity, Insurance and Bond
The Company shall at all times during the effective period of this franchise, carry
liability insurance as provided herein. The Company covenants and agrees at all times to
indemnify and save harmless the City, its officers, agents, employees, and any member
of the public against any and all injuries, damages, claims, causes of action or loss of
compensation arising or resulting from Company's operations under this franchise, whether
or not such loss was caused by the negligence of the City, its agents, servants or
employees. Upon notice given Company by City, Company must defend at its own
expense, any action or suit brought against the City because of any work or other acts
done by the Company under the terms of this franchise. Counsel chosen by Company to
defend City must be satisfactory to City. Company will pay any final judgment which might
be obtained against City by reason of any work or acts done hereunder by Company, its
agents, servants or employees, and Company will pay all damages occurring to any person
or property, public or private, resulting from any fault or neglect on its part or on the part
of its agents or employees.
The Company agrees to carry insurance as follows:
1) Workers' Compensation
The Company shall furnish the City Clerk a certificate of
insurance indicating workers' compensation coverage as
required by the State of Texas.
2) Automobile Liability Insurance
The Company shall carry, in its own name, a policy in
comprehensive form to insure the automobile liability of its
operation with limits of not less than Five Hundred Thousand
Dollar: ($500,000.00) per occurrence for bodily injury and, in
addition, not less than One Hundred Thousand Dollars
($100,000.00) property damage. This policy shall name City
as an additional insured and provide for thirty (30) days notice
to City prior to cancellation. A certificate of insurance certifying
such coverage shall be filed with the City Clerk before the
effective date of this franchise, and it shall be maintained in
force during the term of the franchise.
3) General Liability
The Company shall carry, in its own name, a comprehensive
liability insurance policy including contractual coverage for
operations other than automobile with limits of not less than
Five Hundred Thousand Dollars ($500,000.00) per occurrence
for bodily injury, and One Hundred Thousand Dollars
($100,00.00) per occurrence for property damage. The policy
shall name the City as named insured and provide for thirty
(30) days notice to City prior to cancellation. A certificate of
insurance certifying such coverage shall be filed with the City
Clerk before the effective date of this franchise and maintained
in force during the term of the franchise.
Section 6.
Compliance with Laws and Ordinances
The Company shall, at all times during the term of this franchise, be subject to all
lawful exercise of police power by the City and to such reasonable regulations as the City
shall hereafter by ordinance provide. In addition, the Company will observe all city, county,
state, and federal laws regulating the collection and disposal of solid waste.
Section 7.
Service Standard and Equipment
The Company shall maintain and operate its collection system and equipment in
good order to render efficient service subject to the terms of this franchise. All vehicles,
containers, and equipment used for the collection and transportation of solid waste shall
be constructed, operated and maintained to prevent loss of liquid or solid waste material
and to minimize health and safety hazards to solid waste management personnel and the
public. Such vehicles, containers, and equipment used shall be maintained in a clean,
sanitary condition and free from odors at all times. All vehicles and equipment shall comply
with federal, state, and local regulations. Collection vehicles and all bulk, commercial, and
roll -off type containers shall be painted and numbered and shall have the Company's name
and telephone number painted in letters of a contrasting color. Such containers may not
be placed on any street or right -of -way within the City. All collections shall be made directly
from the premises of the customer and any emptied containers returned directly to such
premises.
Section 8.
Providing Services
The Company shall provide service to any person, firm, corporation, association or
entity inside the City, of Beaumont who requests such service and is not delinquent in the
payment of collection charges due the Company.
Section 9.
Office
The Company shall establish and maintain an office with telephone service and shall
keep said office open for business from 9:00 A. M. to 5:00 P.M. each and every day except
Saturday, Sunday and holidays.
Section 10.
Interruption of Service
In the event that service shall be interrupted for any reason for more than forty -eight
(48) hours, the City shall have the right to make temporary independent arrangements for
the purposes of continuing this necessary service to its residents in order to provide or
protect the public health and safety. If the interruption in service mentioned herein
continues for a period of seventy -two (72) hours, then the City shall have the right to
terminate the rights and privileges granted in this franchise.
Section 11.
Termination
In the event that any provision of this franchise is violated by the Company, the City
may serve written notice upon the Company of its intention to terminate this franchise. The
notice shall contain the reasons for such intention to terminate the franchise. Unless within
ten (10) days after mailing such notice by City to the Company, such violation shall cease,
or satisfactorily arrangements for correction be made by Company, the City Council may,
after a public hearing in which Company is provided an opportunity to present evidence
concerning such violation, declare the franchise terminated and serve written notice upon
the Company of the termination and the termination of the franchise shall be effective upon
the mailing of such notice.
Section 12.
Transfer of Franchise Rights
Franchise rights granted hereunder shall not be transferred to another without the
approval of City. A, single transfer or a series of transfers of Company's stock which
constitute a transfer of a majority interest in Company is subject to the prior approval of
City.
Section 13.
Notices
Where written notices are provided for in this ordinance, same shall be sufficient to
notify Company when provided by certified mail to:
Sprint Waste Services, L.P.
1000 S. Business Park Dr.
Port Arthur, TX 77640
Notice to City is sufficient if mailed by certified mail to:
City Manager
City of Beaumont
P.O. Box 3827
Beaumont, TX 77704
Section 14.
If any section, sentence, clause, paragraph or phrase of this ordinance, other than
Section 4, is for any reason held to be invalid or illegal, such invalidity shall not effect the
remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any
reason, the ordinance shall be immediately invalid.
Section 15.
It is agreed by City and Company that venue of any legal proceedings under this
franchise agreement shall be in Jefferson County, Texas.
Section 16.
Vehicle Permits
Twenty (20) days prior to the effective date of this franchise, the Company shall
furnish to the City a list of all vehicles to be providing solid waste collection and disposal
service under this franchise. Such list shall include state license number, year, make,
model and manufacturer's rated capacity for each vehicle. Vehicles not having a valid City
of Beaumont landfill permit will not be allowed to operate under this agreement nor utilize
the City refuse disposal facility. If at any time a vehicle or equipment is found to be in
noncompliance with Section 7 of this franchise, the Company will be notified of its violation
and said equipment: or vehicle shall be removed from service upon receipt of written
notification.
Failure to comply with this provision or to falsify the information concerning the
location of the service of the vehicle shall be a material breach of this franchise. Should
City decide not to terminate this franchise because of any violation of this Section,
Company's disposal fee at City's landfill shall be doubled for all of Company's vehicles for
a period of sixty (60) days.
PASSED BY THE CITY COUNCIL of the City of Beaumont on first reading this the
26th day of August, 2014.
PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this
the 9th day of September, 2014.
PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this the
day of
ACCEPTANCE:
Sprint Waste Services, L.P.
By: _
(Company Owner /Representative)
2014.
- Mayor Becky Ames -
September 9, 2014
Consider a resolution: approving the award of an annual contract for Heating, Ventilation and Air
Conditioning services to Air Comfort, Inc., of Beaumont
RICH WITH CJI'I'ONTUiVITY
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T• E• X• A O S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Laura Clark, Chief Financial Officer
September 9, 2014
REQUESTED ACTION: Council consider a resolution approving the award of an
annual contract for Heating, Ventilation and Air
Conditioning (HVAC) services to Air Comfort, Inc., of
Beaumont, in the estimated amount of $298,650.
BACKGROUND
Bids were requested for an annual contract to provide HVAC maintenance and repair services for
use by the Building Services Division. The contract will provide for the installation, maintenance
and repair of air conditioning and heating systems for all City facilities.
Eight (8) vendors were notified, five (5) responded. Specifications requested hourly labor rates
for technicians and helpers, together with percentage markup for materials and equipment
rentals. Bids were evaluated on a total annual cost based upon estimated labor hours for each
skill category and condition, together with estimated markup costs based on supplied
percentages.
Low bid was received from Air Comfort, Inc., of Beaumont. They have not held this contract
previously, however they are an old line company having been established in Beaumont since
1954. The bid price represents an approximate eleven percent (11 %) increase over the prior
contract.
FUNDING SOURCE
General Fund, Water Utilities Fund, Solid Waste Fund. and Capital Reserve Fund.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, bids were solicited for an annual contract for heating, ventilation, and
air conditioning (HVAC) installation, maintenance and repair for City -owned HVAC
equipment; and,
WHEREAS, Air Comfort, Inc., of Beaumont, Texas, submitted a bid for an estimated
amount of $298,650 in the unit amounts shown in Exhibit "A," attached hereto; and,
WHEREAS, the City Council is of the opinion that the bid submitted by Air Comfort,
Inc., of Beaumont, 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 Air Comfort, Inc., of Beaumont, Texas, for an annual
contract for heating, ventilation, and air conditioning (HVAC) equipment installation,
maintenance and repair for City -owned HVAC equipment for an estimated annual cost of
$298,650 in the unit amounts shown in Exhibit "A," attached hereto, be accepted by the
City of Beaumont; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a contract with Air Comfort, Inc., of Beaumont, Texas, for the
purposes described herein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of
September, 2014.
- Mayor Becky Ames -
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WORKSESSION
Review and discuss a proposed Riverfront Reinvestment
Zone Project Plan
5
September 9, 2014
Consider a resolution approving the Beaumont Riverfront Reinvestment Zone Project Plan
RICH WITH OPPORTUNITY
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T • E • % • A • S
TO:
FROM:
PREPARED BY:
MEETING DATE:
REQUESTED ACTION:
BACKGROUND
City Council Agenda Item
City Council
Pyle Hayes, City Manager
Chris Boone, Director of Planning & Community
Development
September 9, 2014
Council consider a resolution approving the Beaumont
Riverfront Reinvestment Zone Project Plan.
For many years, the redevelopment of the Neches Riverfront has been a goal. Now, with the
removal of the Port of Beaumont's rail holding yard, the possibility of redeveloping the
riverfront with such uses as hotels, conference space, retail and restaurant uses becomes even
more of a possibility. In addition to such uses as a hotel and restaurants along the river, we are
also now seeking developers to bring more residential units to Downtown Beaumont on and near
the riverfront.
In order to help attract developers, the City Council recently adopted the Downtown
Neighborhood Empowerment Zone, offering various economic incentives. An additional tool to
attract developers would be the adoption of the attached Riverfront Reinvestment Zone Project
Plan. This Plan represents a visual summary of improvements and development that has been
sought for years, but now becomes possible with the removal of the rail yard. Moreover, this
Plan will allow the City a greater degree of flexibility in marketing, negotiating and working
with developers to make these goals a reality. Specifically, the Plan reflects the longstanding
plans for: a riverfront hotel, riverfront restaurants, additional improvements to Riverfront Park,
enhanced access to Riverfront Park and residential uses.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
WHEREAS, for many years, the redevelopment of the Neches Riverfront has been
a goal of the City of Beaumont; and,
WHEREAS, now, with the removal of the Port of Beaumont's rail holding yard, the
possibility of redeveloping the riverfront with such uses as hotels, conference space, retail
and restaurant uses becomes even more of a possibility; and,
WHEREAS, the City of Beaumont is also seeking developers to bring additional
residential units to Downtown Beaumont on or near the riverfront; and,
WHEREAS, the City Council desires to adopt the Beaumont Riverfront
Reinvestment Zone Project Plan as an additional tool to attract developers; and,
WHEREAS, the Project Plan reflects the longstanding plans for a riverfront hotel,
riverfront restaurants, additional improvements to Riverfront Park, enhanced access to
Riverfront Park and residential uses. Said Project Plan is substantially in the form attached
hereto as Exhibit "A" and made a part hereof for all purposes;
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 attached Beaumont Riverfront Reinvestment Zone Project Plan be and
it is hereby adopted to attract developers to Downtown Beaumont for the possibility of
redeveloping the riverfront and downtown area.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of
September, 2014.
- Mayor Becky Ames -
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WORKSESSION
Discuss the issue of Credit Access Businesses
WORKSESSION
Review and discuss the adoption of fees to play tennis at
the Municipal Tennis Center located at the Athletic
Complex
Beaumont Municipal Tennis Center
Operating Hours:
Monday - Sunday: 8am - 9pm **
* *May change seasonally
Fees:
(tax included)
Resident: Non- Resident:
Mon -Fri (8am - 4pm): $3.00 per player $4.00 per player
Mon -Fri (after 4pm): $4.00 per player $5.00 per player
Sat -Sun (all day): $4.00 per player $5.00 per player
Junior /Senior: $2.00 per player $3.00 per player
Senior (65 -plus)
Junior (under -18)
** Rates are @ 1.5 hours per court **
** Fees for covered courts are an additional $2.00 per player (Members included)
Annual Memberships:
Resident: Non- Resident:
Junior /Senior: $100 $200
Adult: $200 $350
Special Rates: The city manager may approve other rates for
tournaments, specials, or other events.
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