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HomeMy WebLinkAboutPACKET OCT 16 2018TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 16, 2018 1:30 PM CONSENT AGENDA Approval of minutes — October 2, 2018 Confirmation of board and commission member appointments A) Approve a one year contract with the Art Museum of Southeast Texas for FY 2019 B) Authorize a one year contract with the Texas Energy Museum for FY 2019 C) Approve a one year contract with BUILD, Inc., Beaumont Main Street for FY 2019 D) Approve a one year contract with the Southeast Texas Arts Council for FY 2019 E) Approve a one year contract with Beaumont Heritage Society/John Jay French Museum for FY 2019 F) Approve a one year contract with the Downtown Beaumont Cultural Arts District for FY 2019 G) Approve multiple contracts for the purchase of traffic marking materials to be used by various departments throughout the City H) Authorize the City Manager to utilize an existing contract with Gulf Coast Electric Co for the installation of Fleetzoom Remote Monitoring Units I) Approve the purchase of a new valve maintenance trailer for use in the Sewer Maintenance Division J) Approve the purchase of three all -terrain vehicles for use in the Parks and Recreation; Police; and Fire Departments K) Approve the renewal of an annual maintenance agreement from Tyler Technologies for use by Municipal Court L) Approve a contract with PM Construction & Rehab, LLC of Houston for sewer line rehabilitation and replacement M) Approve a payment of dues to the Southeast Texas Regional Planning Commission for Fiscal Year 2019 N) Authorize the City Manager to execute a City of Beaumont Indigent Care Affiliation Agreement between the City and St. Mark's Medical Center U, TEXAS TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: BACKGROUND City Council Kyle Hayes, City Manager Todd Simoneaux, Chief Financial Officer October 16, 2018 Council consider a resolution authorizing a one year contract with the Art Museum of Southeast Texas in the amount of $180,000 for FY 2019. The City of Beaumont (City) and the Art Museum of Southeast Texas (AMSET) entered into a lease agreement on December 30, 1986 whereby the City and AMSET agreed to a 99 -year lease on the land and building to be used as an art museum. The City supports AMSET with annual allocations, major maintenance on the facility in accordance with the lease agreement, and garbage removal. In return, AMSET is open to the general public and strives to provide programs and services to the entire community. FUNDING SOURCE $80,000 from the Hotel Occupancy Tax Fund and $100,000 from the General Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a one-year financial assistance agreement, substantially in the form attached hereto as Exhibit "A," between the Art Museum of Southeast Texas (AMSET) and the City of Beaumont in the amount of $180,000.00 for FY 2019. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of October, 2018. - Mayor Becky Ames - AGREEMENT FOR THE OPERATION OF AN ART MUSEUM WHEREAS, the Art Museum of Southeast Texas, a Texas non-profit corporation, hereinafter referred to as "Museum", and the City of Beaumont, a municipal corporation of the State of Texas, hereinafter referred to as "City", agree as follows: City hereby hires and engages Museum to operate an art museum open to the public on the premises leased from the City and described in the lease between the parties dated December 30, 1986 and made a part hereof for all purposes (herein "the premises"). Museum agrees to accept such hiring and hereby agrees to operate such art museum. PA This agreement shall be for a term of one year commencing October 1, 2018. The City agrees to pay museum the sum of Forty -Five Thousand Dollars ($45,000) per quarter. Of the total annual sum of One -Hundred Eighty Thousand ($180,000) Dollars, Eighty Thousand ($80,000) Dollars will be derived from the Hotel Occupancy Tax authorized by Tax Code Section 351.001 et.seq. which requires that such funds be expended for arts and historical events or projects that directly enhance and promote tourism and the convention and hotel industry. 3. Expenditure of the Eighty Thousand ($80,000) Dollars from Hotel Occupancy Tax (HOT) funds shall be related to the purposes established by Tax Code Section 351.101(a)(4). EXHIBIT "A" Q Funding under this contract will require that should a seminar be held during the term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds are made in compliance with the Act, a representative of the Museum will attend the seminar. The Museum shall submit quarterly reports in the format provided by the City reflecting the activities of Museum as they relate to the HOT funds authorized in this contract. 91 City or Museum may terminate this Agreement for cause if either party defaults in the performance of any covenant or condition of this Agreement. Prior to such termination, City or Museum must provide the other party with written notice of such default and if the party does not cure the default within fifteen (15) days after the giving of notice the party giving such notice may terminate the Agreement by written notice. N City shall allow Museum and its employees, volunteers, patrons and guests to use fifty (50) designated parking spaces in the City owned parking lot lying directly to the east across Main Street from the premises during periods of use of the premises. Otherwise such spaces may be used for City's Civic Center and theater event parking. In addition, the City shall provide free parking for buses transporting school children to the art museum. Said parking places to be as available and as directed by the City's Civic Center director at a site convenient to the Museum. Parking spaces on the premises shall be available for City's use during periods when the premises are not in actual use. The Museum agrees to indemnify, hold harmless and defend, at its own expense, the City of Beaumont and its officers, agents, servants and employees, from and against any and all claims, causes of action and damages of every kind arising out of or in conjunction with the execution, performance attempted performance or non- performance of this contract or from the operations and actions of the Art Museum of Southeast Texas (AMSET), its officers, agents and employees and specifically including herein any and all acts of negligence by the City of Beaumont, its agents, officers or employees carried out under the terms of this agreement. IN WITNESS, WHEREOF City and Museum have executed or caused to be executed by their authorized officers or agents this Agreement on the day of , 2018. CITY OF BEAUMONT ART MUSEUM OF SOUTHEAST TEXAS go Kyle Hayes City Manager ATTEST: By: _ Name: Title: ATTEST: By: By: _ City Clerk Name: Title: TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer , 4111 MEETING DATE: October 16, 2018 REQUESTED ACTION: Council consider a resolution authorizing a one year contract with the Texas Energy Museum in the amount of $95,000 for FY 2019. BACKGROUND The City is entitled to utilize revenues derived from the hotel -motel occupancy tax for historic preservation and the promotion of tourism. The Texas Energy Museum meets the above criteria by highlighting the history, along with current developments, of the oil industry in the Southeast Texas region. FUNDING SOURCE Hotel Occupancy Tax Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a one-year financial assistance agreement, substantially in the form attached hereto as Exhibit "A," between the Texas Energy Museum and the City of Beaumont in the amount of $95,000.00 for FY 2019. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of October, 2018. - Mayor Becky Ames - STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This agreement between the City of Beaumont, a municipal corporation, herein called "City", and the Texas Energy Museum, herein called "TEM", is as follows: WITNESSETH: WHEREAS, V.T.C.A., Tax Code Section 351.001 et.seq., authorizes the City to levy by ordinance, a hotel tax which may not exceed seven percent (7%) of the consideration paid by a hotel occupant; and WHEREAS, V.T.C.A. Tax Code Section 351.101 (a)(5), authorizes the City to use a portion of the revenues derived from its hotel occupancy tax for historical restoration and preservation projects or activities or advertising and conducting solicitation and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums at or in the immediate vicinity of convention center facilities or located elsewhere in the municipality or its vicinity that would be frequented by tourists; and, for projects that directly enhance and promote tourism and convention activities. WHEREAS, under the authority of V.T.C.A. Tax Code Section 351.101(a)(5), the City desires to provide financial assistance to TEM. NOW, THEREFORE, the City and TEM agree as follows: 1. City agrees to pay to TEM the amount of Ninety -Five Thousand ($95,000) Dollars. The payment provided for herein will be made quarterly in the amount of Twenty -Three Thousand Seven -Hundred ($23,750) Dollars per quarter commencing October 1, 2018 from funds as available and collected from the hotel occupancy tax. EXHIBIT "A" i Any funds not expended by TEM will be retained by TEM to be reallocated for similar purposes by approval of City. 2. All expenditure of funds shall be reasonably related to the purposes established by V.T.C.A. Tax Code Section 351.101(a)(5). 3. The TEM is an independent contractor and is not an officer, agent or employee of the City. 4. In return for the payments provided for herein, TEM agrees to operate for the period October 1, 2018 to September 30, 2019. 5. The TEM shall submit quarterly reports in the format provided by the City reflecting the activities of TEM as they relate to this contract. The TEM shall submit such reports quarterly commencing January 15, 2019. 6. The City Manager of City or his designated representative shall, upon reasonable notice, have the right to inspect all books and records of the TEM. 7. Upon termination of this agreement or any extension thereof, unless it be renewed, the TEM shall deliver to the City all funds paid under this contract that it may have and all removable personal property that may have been purchased with funds derived from said tax. 8. Funding under this contract will require that should a seminar be held during the term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds are made in compliance with the Act, a representative of TEM will attend the seminar. 9. TEM agrees to indemnify, save harmless, and defend the City of Beaumont from any and all claims, causes of action and damages of every kind arising from the operations of TEM, its officers, agents and employees, including the officers, agents, and employees involved in TEM operation and specifically including herein any and all acts of negligence by the City of Beaumont, its agents, officers or employees, carried out under the terms of this agreement. FAT EXECUTED this the day of )2018. City Clerk ATTEST: 11 Name: Title: CITY OF BEAUMONT in Kyle Hayes City Manager TEXAS ENERGY MUSEUM, INC. in Name: Title: ; FAX11 IMA 1*1 TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 16, 2018 REQUESTED ACTION: Council consider a resolution authorizing a one year contract with BUILD, Inc., Beaumont Main Street in the amount of $75,000 for FY 2019. BACKGROUND The Beaumont Main Street program has established a partnership between public and private sectors that is dedicated to the revitalization of Beaumont's historic Central Business .District. The annual contribution from the City will be matched with other local funds and used to promote downtown business development and retention. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a one-year financial assistance agreement, substantially in the form attached hereto as Exhibit "A," between BUILD, Inc., Beaumont Main Street and the City of Beaumont in the amount of $75,000.00 for FY 2019. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of October, 2018. - Mayor Becky Ames - STATE OF TEXAS § COUNTY OF JEFFERSON § This agreement is made and entered into by and between the City of Beaumont, Texas, a municipal corporation of the State of Texas, hereinafter called "City", acting herein by and through its duly authorized City Manager, and BUILD, Inc., Beaumont Main Street, a non-profit corporation, hereinafter called "BUILD", acting herein by and through its President. WHEREAS, the City believes that economic development and downtown revitalization are crucial to the continued economic success of City and believes that BUILD should be retained to carry out a program of work on behalf of City to accomplish these goals; NOW, THEREFORE, in consideration of the mutual promises made herein, the City and BUILD agree as follows: STATEMENT OF WORK City does hereby enter into a contract with BUILD to provide a comprehensive range of plans and projects in Beaumont directed at economic development and downtown revitalization by: a) promoting the physical and social development, redevelopment and economic well being of downtown Beaumont; b) creating an environment in the downtown area which is conducive to residential, commercial, employment, recreational and cultural -artistic revitalization; c) attracting new employers; EXHIBIT "A" d) complying with all provisions of the Contract for Services - Urban Main Street program between BUILD and the Texas Historical Commission. COMPENSATION City hereby agrees to pay to BUILD during the term of this agreement Seventy- five Thousand Dollars ($75,000) from the City's General Fund. BUILD agrees to raise at least Seventy -Five Thousand ($75,000) in additional funding from the private sector to match the City's financial commitment. DISBURSEMENT Payment to BUILD will be made on a reimbursement basis and those payments will be supported by proper verifiable documentation. RECORDS AND REPORTS BUILD shall submit quarterly reports in the format provided by the City reflecting their activity as they relate to this contract. BUILD shall submit such reports quarterly commencing January 15, 2019. SUSPENSION AND TERMINATION The term of this agreement will be October 1, 2018, through September 30, 2019. Suspension and/or termination may occur if BUILD fails to comply with any or all provisions of this agreement or for convenience. INDEPENDENT CONTRACTOR BUILD is an independent contractor and is not an officer, agent, or employee of the CITY. ACCESSIBILITY OF RECORDS The City retains the right to inspect and/or audit the records of BUILD, Inc. as they consider necessary to assure compliance with this agreement. LOSS, DAMAGE, PERSONAL INJURY BUILD agrees to indemnify, hold harmless and defend, at its own expense, the City of Beaumont and its officers, agents, servants and employees, from and against any and all claims, causes of action and damages of every kind arising out of or in conjunction with the execution, performance attempted performance or non- performance of this contract or from the operations and actions of BUILD, Inc., its officers, agents and employees and specifically including herein any and all acts of negligence by the City of Beaumont, its agents, officers or employees carried out under the terms of this agreement. EXECUTED in duplicate originals this the day of )2018. ATTEST: City Clerk CITY OF BEAUMONT AN City Manager "CITY" BUILD, INC. BEAUMONT MAIN STREET Executive Director "BUILD" ATTEST: I : TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 16, 2018 REQUESTED ACTION: Council consider a resolution authorizing a one year contract with the Southeast Texas Arts Council (SETAC) in the amount of $50,000 for FY 2019. BACKGROUND The City is entitled to utilize revenues derived from the hotel -motel occupancy tax to promote the arts. The city provides funding to SETAC to offset a portion of the production of the magazine "Off Ramp" highlighting local events and "Tear Off' Attraction Maps for distribution to hotels. Funds are also provided to SETAC as a flow-through to other programs and exhibitions that bring artists to the area and promote the rich musical heritage of the area. SETAC ensures Hotel Occupancy Tax funds are used appropriately by the receiver programs and exhibitions. Remaining funds are used for operating expenses. FUNDING SOURCE Hotel Occupancy Tax Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a one-year financial assistance agreement, substantially in the form attached hereto as Exhibit "A," between the Southeast Texas Arts Council (SETAC) and the City of Beaumont in the amount of $50,000.00 for FY 2019. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of October, 2018. - Mayor Becky Ames - THE STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This agreement between the City of Beaumont, a municipal corporation, herein called "City", and the Southeast Texas Arts Council, a Texas non-profit corporation, herein called "Council", is as follows: WITNESSETH WHEREAS, V.T.C.A. Tax Code Section 351.001 et.seq., authorizes the City to use revenue derived from its hotel occupancy tax "for general promotional and tourist advertising of the city and its vicinity and conducting a solicitation and operating program to attract conventions and visitors, either by the City or through contracts with persons or organizations selected by the City; and, WHEREAS, V.T.C.A. Tax Code Section 351.101(a)(4), authorizes the City to use a limited portion of the revenue derived from its hotel occupancy tax for the encouragement, promotion, improvement and application of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution and exhibition of these major art forms; and, for projects that directly enhance and promote tourism and the convention industry. WHEREAS, the Southeast Texas Arts Council is the proper organization to provide assistance in the responsible distribution of public funds for support of the arts in Beaumont; Pari 1 EXHIBIT "A" Now, Therefore, the City and the Council agree as follows: 1. The payment of the total amount of Fifty Thousand ($50,000) Dollars by City to Council will be made from funds as available and as collected from the Hotel Occupancy Tax. Payments of Four -Thousand One -Hundred Sixty -Seven Dollars ($4,167) will be made monthly for eleven (11) months commencing October 1, 2018, and one final monthly payment of Four -Thousand One -Hundred Sixty -Three Dollars ($4,163). Any funds not expended for the projects and purposes approved will be retained by the Council to be reallocated for similar arts purposes by approval of the City. 2. All expenditure of funds from the Hotel Occupancy Tax shall be reasonably related to the purposes established by V.T.C.A. Tax Code 351.101(a)(4). 3. The Council is an independent contractor and is not an officer, agent or employee of the City. 4. The Council shall submit quarterly reports in the format provided by the City reflecting the activities of the Council as they relate to this contract. The Council shall submit such reports quarterly commencing January 15, 2019. 5. The City Manager or his designated representative shall, upon reasonable notice, have the right to inspect all books and records of the Council. 6. It is understood and agreed that either party may terminate this contract by giving to the other party notice in writing of said termination thirty (30) days in advance. Page 2 7. Upon termination of this agreement, unless it be renewed, the Council shall deliver to the City all funds paid under this contract that it may have and all removable personable property that may have been purchased with funds derived from said tax. 8. Funding under this contract will require that should a seminar be held during the term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds are made in compliance with the Act, a representative of the Council will attend the seminar. 9. Council agrees to indemnify, save harmless, and defend the City of Beaumont from any and all claims, causes of action and damages of every kind arising from the operations of Council, its officers, agents and employees, including the officers, agents, and employees involved in museum operation and specifically including herein any and all acts of negligence by the City of Beaumont, its agents, officers or employees, carried out under the terms of this agreement. EXECUTED this the day of , 2018. ATTEST: By: City Clerk ATTEST: By: Name: Title: CITY OF BEAUMONT Kyle Hayes City Manager SOUTHEAST TEXAS ARTS COUNCIL By: Name: Title: Page 3 L_� TUI nA*IN i all. , TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 16, 2018 REQUESTED ACTION: Council consider a resolution authorizing a one year contract with Beaumont Heritage Society/John Jay French Museum in the amount of $47,000 for FY 2019. BACKGROUND The City of Beaumont is entitled to utilize revenues derived from the hotel -motel occupancy tax for historic preservation and the promotion of tourism. John J. French, an early settler in Beaumont, built the Greek Revival home which has been faithfully restored. The home contains furniture and fixtures from the mid 19th century and is a tourist attraction for our city. FUNDING SOURCE Hotel Occupancy Tax Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a one-year financial assistance agreement, substantially in the form attached hereto as Exhibit "A," between the Beaumont Heritage Society/John Jay French Museum and the City of Beaumont in the amount of $47,000.00 for FY 2019. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of October, 2018. - Mayor Becky Ames - STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This agreement between the City of Beaumont, a municipal corporation, herein called "City", and the Beaumont Heritage Society operating the John J. French Museum, herein called "Museum", is as follows: WITNESSETH: WHEREAS, V.T.C.A., Tax Code Section 351.001 et.seq., authorizes the City to levy by ordinance, a hotel tax which may not exceed seven percent (7%) of the consideration paid by a hotel occupant; and WHEREAS, V.T.C.A. Tax Code Section 351.101 (a)(5), authorizes the City to use a portion of the revenues derived from its hotel occupancy tax "for historical restoration and preservation projects or activities or advertising and conducting solicitation and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums at or in the immediate vicinity of convention center facilities or located elsewhere in the municipality or its vicinity that would be frequented by tourists; and," WHEREAS, under the authority of V.T.C.A. Tax Code Section 351.101(a)(5), the City desires to provide financial assistance to Museum for historical restoration, preservation, and tourism in Beaumont: Pana 1 EXHIBIT "A" NOW, THEREFORE, the City and Museum agree as follows: 1. City agrees to pay to Museum the amount of Forty -Seven Thousand ($47,000) Dollars. The payment provided for herein will be made quarterly in the amount of Eleven Thousand Seven Hundred and Fifty Dollars ($11,750) per quarter commencing October 1, 2018 from funds as available and collected from the hotel occupancy tax. Any funds not expended by Museum will be retained by Museum to be reallocated for similar purposes by approval of City. 2. All expenditure of funds shall be reasonably related to the purposes established by V.T.C.A. Tax Code Section 351.101(a)(5). 3. The Museum is an independent contractor and is not an officer, agent or employee of the City. 4. In return for the payments provided for herein, Museum agrees to operate for the period October 1, 2018 to September 30, 2019. 5. The Museum shall submit quarterly reports in the format provided by the City reflecting the activities of the Museum as they relate to this contract. The Museum shall submit such reports quarterly commencing January 15, 2019. 6. The City Manager of City or his designated representative shall, upon reasonable notice, have the right to inspect all books and records of the Museum. Page 2 7. Upon termination of this agreement or any extension thereof, unless it be renewed, the Museum shall deliver to the City all funds paid under this contract that it may have and all removable personal property that may have been purchased with funds derived from said tax. 8. Funding under this contract will require that should a seminar be held during the term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds are made in compliance with the Act, a representative of the Museum will attend the seminar. 9. The Beaumont Heritage Society agrees to indemnify, hold harmless and defend, at its own expense, the City of Beaumont and its officers, agents, servants and employees, from and against any and all claims, causes of action and damages of every kind arising out of or in conjunction with the execution, performance, attempted performance or nonperformance of this contract or from the operations and actions of the Beaumont Heritage Society/John Jay French Museum, its officers, agents and employees and specifically including herein any and all acts of negligence by the City of Beaumont, its agents, officers or employees, carried out under the terms of this agreement. Page 3 EXECUTED this the day of )2018. ATTEST: City Clerk ATTEST: By: _ Name: Title: Page 4 CITY OF BEAUMONT Kyle Hayes City Manager BEAUMONT HERITAGE SOCIETY By: _ Name: Title: BEAUMONT F TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer " MEETING DATE: October 16, 2018 REQUESTED ACTION: Council consider a resolution authorizing a one year contract with the Downtown Beaumont Cultural Arts District (DBCAD) in the amount of $10,000 for FY 2019. BACKGROUND The City is entitled to utilize revenues derived from the hotel -motel occupancy tax to promote the arts. The city will provide funding to DBCAD to enhance tourism and the hotel industry by planning and presenting special events and activities. Funds are to be provided to DBCAD as a flow-through to other programs and exhibitions that bring artists to the area and promote further development into downtown. DBCAD will ensure Hotel Occupancy Tax funds are used appropriately by the receiver programs and exhibitions. Remaining funds are used for operating expenses. FUNDING SOURCE Hotel Occupancy Tax Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a one-year financial assistance agreement, substantially in the form attached hereto as Exhibit "A," between the Downtown Beaumont Cultural Arts District (DBCAD) and the City of Beaumont in the amount of $10,000.00 for FY 2019. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of October, 2018. - Mayor Becky Ames - STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This agreement between the City of Beaumont, a municipal corporation, herein called "City", and the Downtown Beaumont Cultural Arts District, herein called "DBCAD", is as follows: WITNESSETH: WHEREAS, V.T.C.A., Tax Code Section 351.001 et.seq., authorizes the City to levy by ordinance, a hotel tax which may not exceed seven percent (7%) of the consideration paid by a hotel occupant; and WHEREAS, V.T.C.A. Tax Code Section 351.101 (a)(5), authorizes the City to use a portion of the revenues derived from its hotel occupancy tax for the encouragement, promotion, improvement and application of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution and exhibition of these major art forms; and, for projects that directly enchance and promote tourism and enhance and promote convention activities. WHEREAS, under the authority of V.T.C.A. Tax Code Section 351.101(a)(5), the City desires to provide financial assistance to DBCAD. NOW, THEREFORE, the City and DBCAD agree as follows: 1. City agrees to pay to DBCAD the amount of Ten Thousand ($10,000) Dollars. The payment provided for herein will be made quarterly in the amount of Twenty -Five EXHIBIT "A" Hundred ($2,500) Dollars per quarter commencing October 1, 2018 from funds as available and collected from the hotel occupancy tax. Any funds not expended by DBCAD will be retained by DBCAD to be reallocated for similar purposes by approval of City. 2. All expenditure of funds shall be reasonably related to the purposes established by V.T.C.A. Tax Code Section 351.101(a)(5). 3. The DBCAD is an independent contractor and is not an officer, agent or employee of the City. 4. In return for the payments provided for herein, DBCAD agrees to operate for the period October 1, 2018 to September 30, 2019. 5. The DBCAD shall submit quarterly reports in the format provided by the City reflecting the activities of DBCAD as they relate to this contract. The DBCAD shall submit such reports quarterly commencing January 15, 2019. 6. The City Manager of City or his designated representative shall, upon reasonable notice, have the right to inspect all books and records of the DBCAD. 7. Upon termination of this agreement or any extension thereof, unless it be renewed, the DBCAD shall deliver to the City all funds paid under this contract that it may have and all removable personal property that may have been purchased with funds derived from said tax. 8. Funding under this contract will require that should a seminar be held during the term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds are made in compliance with the Act, a representative of DBCAD will attend the seminar. 9. DBCAD agrees to indemnify, save harmless, and defend the City of Beaumont from any and all claims, causes of action and damages of every kind arising from the operations of DBCAD, its officers, agents and employees, including the officers, agents, and employees involved in DBCAD operation and specifically including herein any and all acts of negligence by the City of Beaumont, its agents, officers or employees, carried out under the terms of this agreement. EXECUTED this the day of 12018. CITY OF BEAUMONT Kyle Hayes City Manager ATTEST: City Clerk Downtown Beaumont Cultural Arts District in Name: Title: ATTEST: is Name: Title: 1-11-34`1"tunA TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 16, 2018 REQUESTED ACTION: Council consider a resolution approving multiple contracts for the purchase of traffic marking materials to be used by various departments throughout the City BACKGROUND Bids were requested for annual contracts to supply signage, sign materials, hardware, specialty paints, traffic control materials and thermoplastic materials for use by various divisions within Public Works. Bids were requested from eight vendors and three submitted bid responses. Specifications were divided into eight sections and required that each section be awarded to the lowest qualified bidder who bid the entire section and complied with the required specifications. Three sections did not receive a response and will need to be rebid. Contracts are recommended as follows: FUNDING SOURCE General Fund and Capital Program. RECOMMENDATION Approval of the resolution. SECTION VENDOR EST. TOTAL AMOUNT 1- Sign Blanks Vulcan, Inc., Foley, AL. $59,197.00 2- Sign Faces Osburn Associates, Inc. Logan OR $ 3,778.50 3- Finished Signs Vulcan, Inc. Foley, AL. $47,166.65 4- Sheet Material Osburn Associates, Inc. Logan OH. $44,955.00 5- Hardware No Bid $0.00 6- Marking Materials No Bid $0.00 7- Paint No Bid $0.00 8- Traffic Control Equip R&B Supply, Groves, TX. $ 29,820.50 TOTAL $184,917.65 FUNDING SOURCE General Fund and Capital Program. RECOMMENDATION Approval of the resolution. BEAUM©NT CITY OF BEAUMONT, BEAUMONT, TEXAS PURCHASING DIVISION BID TABULATION Bid Name: ANNUAL CONTRACT FOR TRAFFIC MARKING MATERIALS Bid Number: CF0918-42 Bid Opening: Thursday, September 27, 2018 Contact Person: Cynthia Miller, Buyer II Phone or Fax No. cynthia. miller(o) beaumonttexas.gov Phone: 409-880-3757 4zFr-T1nN 7I- CIGN RI ANINC i Vendor VULCAN INC R&B SUPPLY, INC. OSBURN ASSOCIATES INC City / State FOLEY, AL. GROVES LOGAN, OH Phone or Fax No. (251) 943-1544 N/A (740) 385-8016 Unit Unit Extended Price Unit Extended Price ITEM QTY SIZE DESCRIPTION Price Extended Price Price Price 1 25 6 x 12 0.080 ANODIZED ALUM SIGN BLANK $1.61 $40.25 $0,00 $0.00 $1.69 $42.25 2 50 6 x 9 0.080 ANODIZED ALUM SIGN BLANK $1.35 $67.50 $0.00 $0.00 $1.27 $63.50 3 50 6 x 18 0.080 ANODIZED ALUM SIGN BLANK $2.231 $111.50 $0,00 $0.00 $2.54 $127.00 4 75 9 x 12 0.080 ANODIZED ALUM SIGN BLANK $2.181 $163.50 $0.00 $0.00 $2.54 $190.50 5 50 12 x 18 0.080 ANODIZED ALUM SIGN BLANK $4.35 $217.50 $0.00 $0.00 $5.07 $253.50 6 50 12 x 24 0.080 ANODIZED ALUM SIGN BLANK $5.75 $287.50 $0.00 $0.00 $6.76 $338.00 7 50 12 x 24 0.080 ANODIZED ALUM SIGN BLANK $8.51 $425.50 $0.00 $0.00 $10.14 $507.00 8 50 18x18 0.080 ANODIZED ALUM SIGN BLANK $6.42 $321.001 $0.00 $0.00 $7.61 $380.50 9 50 18x24 0.080 ANODIZED ALUM SIGN BLANK $8.58 $429.00 $0.00 $0.00 $10.14 $507.00 10 100 24x24 0.080 ANODIZED ALUM SIGN BLANK $11.33 $1,133.00 $0.00 $0.00 $13.52 $1,352.00 11 75 2400 0,080 ANODIZED ALUM SIGN BLANK $1401 $1,050.75 $0.00 $0.00 $16.90 $1,267.50 12 50 2406 0.080 ANODIZED ALUM SIGN BLANK $16.70 $835.00 $0.00 $0.00 $20.28 $1,014.00 13 50 24x48 0.080 ANODIZED ALUM SIGN BLANK $22.49 $1,124.50 $0.00 $0.00 $27.04 $1,352.00 14 50 30X30 0.080 ANODIZED ALUM SIGN BLANK $17.55 $877.50 $0.00 $0.00 $21.13 $1,056.50 15 25 30X36 0.080 ANODIZED ALUM SIGN BLANK $21.04 $526.00 $0.00 $0.00 $25.35 $633.75 16 50 36X36 0.080 ANODIZED ALUM SIGN BLANK $25.14 $1,257.00 $0.00 $0.00 $30.42 $1,521.00 17 50 30X30 0.080 ANODIZED ALUM SIGN BLANK W/YELLOW HIP SHEETING ONE SIDE $28.31 $1,415.50 $0.00 $0.00 $35.50 $1,775.00 18 250 9X36 0.080 ANODIZED ALUM SIGN BLANK HIP $2,677.50 $0.00 $0.00 $12.78 $3,195.00 SHEETING ONE SIDE $10.71 19 25 48"X48" 0.080 ANODIZED ALUM SIGN BLANK $44.92 $1,123.00 $0.00 $0.00 $54.08 $1,352.00 0.125 ANODIZED ALUM STREET SIGN BLADE W/WH1TE HIP SHEETING BOTH 20 300 9X30 SIDES, 5/16 HOLES PUNCHED TOP & $14.05 $4,215.00 $0.00 $0.00 $25.14 $7,542.00 BOTTOM TO MATCH TRAFFIC SFETY 808F -BT -90 CROSS & 2"CAP 0.125 ANODIZED ALUM STREET SIGN BLADE W/WH1TE HIP SHEETING BOTH 21 300 9X36 SIDES, 5/16 HOLES PUNCHED TOP & $27.95 $8,385.00 $0.00 $0.00 $30.17 $9,051.00 BOTTOM TO MATCH TRAFFIC SFETY 808F -BT -90 CROSS & 2"CAP 0.125 ANODIZED ALUM STREET SIGN 22 300 9X42 BLADE W/WHITEPRISMATIC SHEETING $32.53 $9,759.00 $0,00 $0.00 $35.13 $10,539.00 BOTH SIDES, 5/16 HOLES PUNCHED TOP & BOTTOM 3-1/2" O.C. FOR MOUNTING 0.125 ANODIZED ALUM STREET SIGN BLADE W/WHITE HIP SHEETING BOTH 23 300 9X48 SIDES, 5/16 HOLES PUNCHED TOP & $37.26 $11,178.00 $0.00 $0.00 $40.23 $12,069.00 BOTTOM TO MATCH TRAFFIC SFETY 808F -BT -90 CROSS & 2"CAP 0.125 ANODIZED ALUM STREET SIGN BLADE W/WHITE HIP SHEETING BOTH 24 300 9X52 SIDES, 5/16 HOLES PUNCHED TOP & $38.59 $11,577.00 $0.00 $0.00 $43.58 $13,074.00 BOTTOM TO MATCH TRAFFIC SFETY 808F -BT -90 CROSS & 2"CAP TOTAL SECTION 1 - SIGN BLANKS 1 $403.56 $59,197.00 $0.00 NO BID $479.01 $69,203.00 ■ / � § 2 lu 03 _ C? 00 w I 2C 23: �0 Z � -u n k I o m 2 > Q O & \ 2 @ H k m B > � k 2 c � H m 2 / C \ \ / / / I m o m \ \ 2CD q z 2 0 � g % @ @ % x R n « / m Z $ n m \ \ \ \ 0 e n \ / \ O \ 2 / 0 4,q "c » w g 0 E / \ ? ° / f c) rn \ m\ � + �ƒ//2 -69 \(D w G) @ k g CL G m o 0 0 0 T 3 / C 90 2 Cl) x 2 / % # > < / � � 2CD 2 CL z 0 ƒ / 5 / / ° � 4,9 / O y \ \ OD $ .: SO > / /7 / YJ k / � 90 7 1 e m ~ go p 0 2 \ / E n ■ / � § 2 lu 03 _ C? 00 w I 2C 23: �0 Z � -u n k I o m 2 > Q O & \ 2 @ H k m B > � k 2 c � H m 2 / BEAUMONT CITY OF BEAUMONT, BEAUMONT, TEXAS 1.,.1PURCHASING DIVISION BID TABULATION Bid Name: ANNUAL CONTRACT FOR TRAFFIC MARKING MATERIALS Bid Number: CF0918-42 Bid Opening: Thursday, September 27, 2018 Contact Person: Cynthia Miller, Buyer II Phone or Fax No. cvnihia. miller(dbeaumonttexas, gov Phone: 409-880-3757 drnnu � _'i:�uicucn ccuc ` Vendor VULCAN INC R&B SUPPLY, INC. OSBURN ASSOCIATES INC City J State FOLEY, AL. GROVES LOGAN, OH Phone or Fax No. (251) 943-1544 N/A (740) 385-8016 ITEM QTY SIZE DESCRIPTION Unit Price Extended Price Un Unit Price i Extended Price E x Unit Price Extended Price 27 25 6 x 18 RI -4 "ALL WAY" $3.99 $99.75 $0.00 $0,00 $4.26 $106.50 28 50 30 RI -1 "STOP" $26.86 $1,343.001 $0.00 $0.00 $35.50 $1,775.00 29 300 36 RI -1 "STOP" $38.67 $11,601.00 $0.00 $0.00 $51.12 $15,336.00 30 100 48 RI -1 "STOP" $68.74 $6,874.00 $0.00 $0.00 $90.88 $9,088.00 31 25 12 x 36 R-6-11, LEFT "ONE-WAY" $13.60 $340.00 S0.00 S0.00 $17.04 $426.00 32 25 12 x 36 R -6-1R RIGHT "ONE-WAY" $13.60 $340.00 $0.00 $0.00 $17.04 $426.00 33 25 12X36 OM -3C OBJECT MKR CENTER $13.60 $340.00 $0.00 $0.00 $17.04 $426.00 34 25 30X24 R3-17 BIKE LANE $22.66 $566.50 $0.00 $0.00 $28.40 $710.00 35 50 30X30 R54 DO NOT ENTER $28.31 $1,415.50 $0.00 $0.00 $35.50 $1,775.00 36 50 36 RI -2 YIELD $19.61 $980.50 $0.00 $0,00 $51.121 $2,556.00 37 50 30X30 W1 I-2 PED X-ING SIGN (FLUOR YEL) $37.93 $1,896.50 $0=1 $0.00 $35.50 $1,775.00 38 50 36 W10-1 R/R X-ING SIGN $40.11 $2,005.50 $0,00 $0.00 $51.12 $2,556.00 39 50 36 SI -1 SCHOOL X-ING (GREEN FLUOR) $51.47 $2,573.50 $0.00 $0.00 $64.17 $3208.50 40 25 24 R3-IRNO RIGHT TURN $18.61 $465.251 $0.00 $0.00 $22.72 $568.00 41 25 24 R3-1LNOLEFTTURN $18.61 $465.25 $0.00 $0.00 $22.72 $568.00 42 25 24 R34NOU-TURN $18.61 $465.25 $0.00 $0.00 $22.72 $568.00 43 200 24X30 112-1 SPEED LIMIT 30 $22.66 $4,532,00 $0.00 $0.00 $28.40 $5,680.00 44 100 24X30 112-1 SPEED LIMIT 35 $22.66 $2,266.00 S0.00 $0.00 $28.40 $2,840.00 45 100 24X30 R2-1 SPEED LIMIT 40 $22.66 $2266.00 $0.00 $0.00 $28.40 $2,840.00 46 50 24X30 R2-1 SPEED LIMIT 45 $22.66 $1.133.001 S0.00 $0.00 $28.40 $1,420.00 47 25 24X36 R5-IAWRONGWAY $2718 $679.50 $0.00 $0.00 $34.08 $852.00 48 25 24 R5-2 NO TRUCES $18.61 $465.25 $0.00 $0.00 $22.72 $566.00 49 25 18X24 WI-8L/R CHEVRON S13.60 $340.00 $0.00 $0.00 $17.04 $426.00 50 25 24 EMI HURRICANE EVAC ROUTE $18.12 $453.00 $0.00 $0.00 $22.72 $568.00 51 30 9X15 RIO -3E PED INSTRUCTION UR $6.50 $195.001 $0.00 $0.00 $5.33 $159.90 52 50 12X36 OM -31, OBJECT MARKER LEFT $13.60 $680.00 $0.00 S0.00 $17.04 $852.00 53 50 12X36 OM -3R OBJECT MARKER RIGHT S13.60 $680.00 S0.00 $0.00 $17.04 $852.00 R7-2 NO PARKING 54100 12XI8 (W/O TIME & ARROW) $7.60 $760.00 $0.00 $0.00 $8.52 $852.00 R7-8 HANDICAP PARKING 5525 12X18 (1V/O ARROW) $7.60 $190.00 $0.00 $0.00 $8.52 $213.00 56W16-9PAHEAD (GREEN FLUOR) $12.59 $377.70 $0.00 $0.00 $11.36 $340.80 W16 -7P LEFT ARROW 57 30 24X12 (GREEN FLUOR) $12.59t$377.70f $0.00 $0.00 $14.26 $427.80 TOTAL SECTION 3 -FINISHED SIGNS $677.21 $47;166.65 $0.00 NO 81D 1 $859.08 $60,759.50 O -1 M 0 < 0 J rn w ? w N O � � m(n O 0 V1 m O i» n O O O O O U U O U U U K Z Z O I Ll = m N .p - W rn _ W O - N .p - W rn - w O - N .A. - W rn - W O - w o. - N N m Owm m(n h7� tr7w 7��� 0� r r r rDw�p�Z1 0X. 0 . tr1 o --3 a H o O m z 0m �m mom OC) On y r r r n ytrl (71y �y�, C) ;a O o b b m 1-3 z z � l 69 ko --� W N N cin -N W N C�h P w c _ w w O o O 0 O(� O 0 O 0 C77 o go P cn O o CPO CP O N m w w N N i m c O r r X W < Z 69 N to N N N N O N CD CL m CP r Z 4 COO O O O O J 00 O N W (O (P O O O O O O O O (P O IV CP O O Ut O P CP O CP C) m c _ rt ER O b9 O 69 O r{t O rfl O rft O 69 O fig O 69 O Ef3 O f&9 O :L7 Sb O O O O (7 O ® O O O O O O O O O O O O O OCD (D [A C) CO M > c ? 0 D < 3 ro V m CL z C7 z O m rat o 3# 0 rfl 0 ER 0 rfl 0 f69 0 f9 0 69 0 E9 0 E9 0 v + Q 0 0 0 0 0 0 0 0 0 0 m �09c 69 �.9A W Z. -wP co m O CTI ,O J ()I O O lP O -4 CP O O O O O O O O O O O O (P O n m c P O O Z m D m Ln z O 1. o 0 vt 61) c59 (19w � rn 69° 'D m CP ':' ': O 00 CP coh --1 CWO O N O P w O CNO O J CP N — z O. c:.. 0'''.1: O O O O CP O O O O O O O O 0 O 0 O O Cn O CD 0 W W ca O E a a '_"Ozz � a c w -0 =, O' CD m m .. y O _ n O m W m D C O z 03 m D c O z BEAUMONT CITY OF BEAUMONT, BEAUMONT, TEXAS ,,,., PURCHASING DIVISION BID TABULATION Bid Name: ANNUAL CONTRACT FOR TRAFFIC MARKING MATERIALS Bid Number: CF0918-42 Bid Opening: Thursday, September 27, 2018 Contact Person: Cynthia Miller, Buyer II cynthia.miller@beaumonttexas.00v Phone: 409-880-3757 SFrmnN 5'-14ARnWARF { Vendor VULCAN INC R&B SUPPLY, INC. OSBURN ASSOCIATES INC City / State FOLEY, AL. GROVES LOGAN, OH Phone or Fax No. (251) 943-1544 N/A (740)385-8016 ITEM QTY SIZE DESCRIPTION Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price POST, GALVANIZED 13 GAUGE, 2-3/8" 68 1,000 10 FT OD $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 POST, GALVANIZED 13 GAUGE, 2-3/8" 69 2,000 11 FT OD $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 POST, GALVANIZED 13 GAUGE, 2-3/8" 70 2,000 12 FT OD $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 POST, GALVANIZED 13 GAUGE, 2-3/8" 71 2,000 13 FT OD $0.00 $0.00 $0.001 $0.00 $0.00 $0.00 POST, GALVANIZED 13 GAUGE, 2-3/8" 72 2,000 14 FT OD $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 73 5,000 CROSSPIECE, HD BOLT THRU VANDAL PROOF $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 74 5,000 27" SOCKET #2804 POZ-LOC $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 75 5,000 --- WEDGE #25754 POZ-LOC $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 76 1,000 --- SIGN CLAMP I -SIDED #30911 W/HDW $0.00 $0.00 $0.001 $0.00 $0.00 $0.00 77 500 2-3/8" TAP ON RAIN CAP, NO SET SCREWS $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 GROUND STUB TRIANGULAR (SLIP 78 20 - BASE) $0.00 $0.00 $0.00 $0.00 $0.001 $0.00 79 20 COLLAR ASSEMBLY SET (SLIP BASE) _ $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 80 20 2-7/8" 12' SIGN POST SCHEDUAL 10 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 90o ALUM CROSS FOR 0.125 SIGN 81 2,000 0.125 BLADE. TRAFFIC SAFETY CO. BT+ OR APPROVED EQUAL. $0.001 $0.00 $0.00 $0.00 $9.951 $19,900.00 45o ALUM CROSS FOR 0.125 SIGN 82 50 0.125 BLADE. TRAFFIC SAFETY CO. BT+ OR APPROVED EQUAL. $0.00 $0.00 $0.00 $0.00 $9.95 $497.50 SIGN CAP, ALUM, 2" POLE/0.125 SIGN 83 1,000 0.125 BLADE. TRAFFIC SAFETY CO. BT+ OR APPROVED EQUAL $0.00 $0.00 $0.00 $0.00 $9.95 $9,950.00 ALUMINUM STREET SIGN BRACKET, 84 1,000 2" STYLE 318 DOUBLE, FOR MOUNTING 2 SIGNS BACK-TO-BACK, FOR 2-3/8" O.D. POST. $0.00 $0.00 $0.00 $0.00 $9.95 $9,950.00 HARDWARE $0.00 NO BID $0.00 NO BID $39.80 ' $40,297.50 0 --i 0 0 010 00 co 00 m -u o < =r CD 0 :3 M -n Z 6 m (D w CL CO > (n 0 0 w CD CD k -A C) C) r- o m r) 0 z z CD CD co 0- uj 0 O'l -0 0 4 (D C: (D > CTI 4 cz 3 0 C) 0 N m X z C) n 0 > n (n co 0 0 Ld cin CD co 0 ) C) 0 < n -n < 0 Fn z COC 0 55 - M 9 > Z ou m > m c r) G) yo co z tt 0 z --i --I m m I. z (n C) C5 6 <B CD 6 69 0 6 <19 C) 6 -69 (D 6 0 CD < c 0 CD (D 10 CD (D 0 r - r, c) mM (D :< > z (D Q > cyl r - C7 (D 0- z 0 ca -.9 p � p Gq CD -69 (D (D -u 0 (D (D C) CD C) 0 0 10 (D 6 1 CD C: -69 o C C p 90 a C C D C 0 C D D C) cn C: M z ;a 0 U > < CD =3 m V) 0- (D 0 p p 0 CD O 0 (D 0 0 CD CD CD ICD 0 0 1 CD (D rr 0 C/) ou 6q 69 C) 6 -cn CD 6 �.9 CD 6 69 C) 6 -en C) 6 C: Vp x z o (D 0 0 CD 0 > C) Ct) m co LU > C/) Lq o CL (D o) CD o > -i 0 co �69 p -G9 p 4.9 p 69 p ss p rLrn T :3. m C/) LE5 - I 0 0 0 0 , IOD 2 0 0 ou 00 ca 0 E E E Er0 z z 0 a a 0 1+ CD 3 3 Er m (1) 0 0 0 0 > 0 a -n Z 6 m (D w CL CO > C) 3i�: = = w< - r- o (p (D cF U) co 0- uj a z -0 0 4 (D C: (D C: CTI 4 cz 3 0 0 0 a: 0 n 0 > n (n co ;u m > cin CD co 0 < n -n < 0 Fn z 0 55 - M 9 > Z ou m > c G) yo co z --i --I m m I. z (n -{ O-1 v C) < O rn 0 = L+ O J .4P U) N O fD N O o LA ° v z m it -A uP N V =i 0 N O p O p O N N Cn O 00 N (n N cn N (n p O p p �J ,•C x O D_ V Z D yy t O 4y� 4y� G1 4y� a N m tOy 7 ry ron rte^ roC) °yqj ron�+ 10 tri ��r Zt t� n7ytnO o .-3 n � y�ro i• -i o l�' y0 �y y0 C7m77 Crl v r CID (J td 1-I �O �d eco Ud Ud W' -o tij x y O Z O O C•l a � y r' 0 a c p co y ytri z� ni n NI 1 O b9 0 ¢i; 0 fflffl 0 0 69 0 Ei3 0 b9 0 /19E!3 0 0 f» 0 C) 0 D (D'_ 0 0 0 0 0 0 0 0 0 0 0 o 0 O 0 o 0 0 � C m x r - m D : w z CL Q � Dr z C) z 0 co o b9 0 Eli 0 cfl 0 b9 0 69 0 IG9 0 69 0 e9 0 /19 0 b9 0 =• ((p E5 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C. 0 f» 0 69 0 t» 0 IEO 0 Ir -9 0 69 0 b9 0 bg 0 Ge 0 �Go 0 169 0 I&q 0 T. C 2. 0 C. 0 C. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 90 W x n W zO m Q D < L cn z O co b9 o �,q 0 0 0 119 0 S9 0 4.9 0 C19 0 0 rfr 0 fa 0 0 m n CJ 0 o 0 ICD 0 0 0 0 0 JCD 0 0 0 JCD 0 0 0 JCD 0 0 0 0 69 0 69 0 co 0 11.9 0 FFi 0 ER 0 b9 0 ko 0 Elr 0 Efl 0 1.9 0 8 ;U C_ 0' O W 0 O Co O 0 O 0 O 0 O 0 Cs 0 O 0 Cy 0 O 0 C> 0 O 0 6 O m C V Z7 o r Z O D x u'D cCi) (D a'O Z O C) Q C o = y � z :° °' m 069 W o b9 0 09 0 <» 0 t19 0 f» 0 b9 0 b9 0 <fr o tb a o F)' co - z ® o a o 0 a o 0 0 0 0 o C) WWW a aa 0 z z Cr (D 5 m BEAUMONT CITY OF BEAUMONT, BEAUMONT, TEXAS ,..,- PURCHASING DIVISION BID TABULATION Bid Name: ANNUAL CONTRACT FOR TRAFFIC MARKING MATERIALS Bid Number: CF0918-42 Bid Opening: Thursday, September 27, 2018 Contact Person: Cynthia Miller, Buyer II Phone or Fax No. cynthia.millert?a beaumonttexas.gov Phone: 409-880-3757 v:r'TIr1M R-TRAFFIr- rYIMTRrII F(Ii IIP Vendor VULCAN INC R&B SUPPLY, INC. OSBURN ASSOCIATES INC City / State FOLEY, AL. GROVES LOGAN, OH Phone or Fax No. (251) 943-1544 N/A (740) 385-8016 Unit Extended Price Unit Price Extended Price Unit Price Extended Price ITEM QTY SIZE DESCRIPTION Price BARRICADE, TYPE I, PLASTIC - 101 15 6 FT. EG SHEETING $0.00 $0.00 $31.72 $475.80 $0.00 $0.00 BARRICADE RAIL, PLASTIC - 102 15 8FT. EG SHEETING $0.00 $0.00 $42.95 $644.25 $0.00 $0.00 BARRICADE LEGS PLASTIC - 103 30 TRAFFIX 44000 OR EQUAL $0.00 $0.00 $17.53 $525.90 $0.00 $0.00 BARRICADE, TYPE It FOLDING PLASTIC, T&B PANES, EG SHEETING. TRAFFIX 37408- 104 50 8x24 EG OR EQUAL $0.00 $0.00 $52.081 $2,604.00 $0.00 $0.00 105 25 8 FT, BARRICADE, TYPE III, PLASTIC $0.00 $0.00 $174.83 $4,370.75 $0.00 $0.00 TRAFFIC CONE, ORANGE W/DBL COLLAR, TRAFFIX 15028-HIWB7 106 100 28"/7# OREQUAL $0.00 $0.00 $14.90 $1,490.00 $0.00 $0.00 TRAFFIC CONE, ORANGE W/DBL COLLAR, TRAFFIX 15028-M W B 10 107 200 28"/10# OREQUAL $0.00 $0.00 $17.55 $3,510.001 $0.00 $0.00 PLASTIC SAFETY FENCE, LIGHT 108 500 48"XIOOFT DUTY -ORANGE $0.00 $0.00 $15.88 $7,940.00 $0.00 $0.00 PORTABLE SIGN STAND, 109 20 ZEPHYR OR EQUAL $0.00 $0.00 $69.97 $1,399.40 $0.00 $0.00 PORTABLE SIGN STAND - 110 20 WIND RESISTANT, STEP -N -DROP $0.00 $0.00 $66.31 $1,326.20 $240.74 $4,814.80 24" STOP/SLOW PADDLE W/7" 111 10 24"X7 STAFF $0.00 $0.00 $36.25 $362.50 $116.69 $1,166.90 ROLL -UP SIGNS W/RIBS "STOP" RED WAVHT OR NO BACKGROUND OCT 112 10 36" OR DIAMOND,HI-REFLECTIVE $0.00 $0.00 $98.00 $980.00 $116.62 $1,166.20 ROLL -UP SIGNS, MESH, W/RIBS - 113 10 48" "UTILITY WORK AHEAD: $0.00 $0.00 $39.81 $398.10 $84.14 $841.40 ROLL -UP SIGNS, REFL VINYL 114 10 36 W/RIBS UTILITY WORK AHEAD $0.00 $0.00 $32.01 $320.10 $77.48 $774.80 ROLL -UP SIGNS, REEL VINYL 115 10 36 W/RIBS UTILITY WORK AHEAD $0.00 $0.00 $61.75 $617.50 $138.27 $1,382.70 ROLL -UP SIGNS MESH, W/RIBS RT 116 10 36 LANE CLOSED AHEAD $0.00 $0.00 $32.01 $320.10 $77.48 $774.80 ROLL -UP SIGNS, REFL VINYL 117 10 36 W/RIBS RT LANE CLOSED AHEAD $0.00 $0.00 $61.75 $617.50 $138.27 $1,382.70 LEFT OVERLAY FOR ITEM 113 118 20 ABOVE MESH $0.00 $0.00 $8.94 $178.80 $11.44 $228.80 LEFT OVERLAY FOR ITEM 116 119 20 ABOVE, REFL-VINYL - $0,001 $0.00 $14.30 $286.00 $11.44 $228.80 ROLL -UP SIGN, MESH W/RIBS 120 10 48 SHOULDER WORK AHEAD $0.00 $0.00 $39.81 $398.10 $84.14 $841.40 ROLL -UP SIGN, MESH, W/RIBS -"RT 121 10 48 LANE CLOSED AHEAD 1,000 FT" $0.00 $0.00 $39.81 $398.10 $84.14 $841.40 ROLL -UP SIGN, MESH, W/RIBS - "RT 122 10 1 48 LANE CLOSED AHEAD 2,000 FT" $0.00 $0.00 $39.81 $398.10 $84.14 $841.40 LEFT OVERLAY FOR ITEM #121 & 123 10 #122 MESH $0,001 $0.00 $10.51 $105.10 $12.50 $125.00 FLAG BRACKET WITH FOLDING 124 20 --- FLAGS $0.00 $0.00 $7.71 $154.20 $0.00 $0.00 TOTAL SECTION 8 -TRAFFIC CONTROL $0.00 NO BID $1'026.19 $29,820.501 $1,277.49 $15,411.10 RESOLUTION NO. WHEREAS, bids were solicited for annual contracts for the purchase of traffic marking materials and traffic control materials for use by the Public Works Department; and, WHEREAS, the following vendors submitted bids as shown below and in the unit amounts as shown on Exhibit 'A" attached hereto and made a part hereof for all purposes: ; and, WHEREAS, three sections did not receive a response and will need to be rebid; WHEREAS, City Council is of the opinion that the bids submitted by the vendors for the estimated contract total amount of $184,917.65 as based upon the unit amounts as shown on Exhibit 'A" attached hereto and made a part hereof for all purposes should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, SECTION VENDOR EST. TOTAL AMOUNT 1- Sign Blanks Vulcan, Inc., Foley, AL. $59,197.00 2- Sign Faces Osburn Associates, Inc. Logan OR $ 3,778.50 3- Finished Signs Vulcan, Inc. Foley, AL. $47,166.65 4- Sheet Material Osburn Associates, Inc. Logan OH. $44,955.00 5- Hardware No Bid $0.00 6- Marking Materials No Bid $0.00 7- Paint No Bid $0.00 8- Traffic Control Equip R&B Supply, Groves, TX. $ 29,820.50 TOTAL $184,917.65 ; and, WHEREAS, three sections did not receive a response and will need to be rebid; WHEREAS, City Council is of the opinion that the bids submitted by the vendors for the estimated contract total amount of $184,917.65 as based upon the unit amounts as shown on Exhibit 'A" attached hereto and made a part hereof for all purposes should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bids submitted by the vendors for annual contracts for the purchase of traffic marking materials and traffic control materials in the estimated total amounts shown above and in the unit amounts as shown on Exhibit 'A," attached hereto and made a part hereof for all purposes for the estimated total amount of $184,917.65 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 each of the vendors listed above for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of October, 2018. - Mayor Becky Ames - Z o 0 m ;u N 0 0 m r� D � 0 0 m z 0 ? S. 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Cr m m -1Oz-n c o Z c N 0 z 3 a 0 m � -, O N � O � W n n1 0 D z O m D "V 0 c -i 0 = O D n �v zy O o� <Z zm W vc D O 0o z c --I m Z cn A s I � FAN I TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 16, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to utilize an existing contract with Gulf Coast Electric Co for the installation of Fleetzoom Remote Monitoring Units. BACKGROUND The City operates and maintains seventy-six (76) sewer lift stations and eight underpass pump stations. These stations are spread throughout the City and require weekly routine maintenance. The stations can experience periodic power outages or flooding during heavy rain events. Therefore, it is important for city personnel to respond in a timely manner to prevent damage to these stations in order to protect public health and safety. The new monitoring systems will notify city personnel of these power outages and flooding. The proposed project will provide for the installation of remote monitoring units that have already been purchased by the City, in fifty-one (5 1) of the larger sewer lift stations and all eight of the underpasses. The installation includes mounting monitoring units in fiberglass enclosures, and providing all necessary wiring and conduits. The estimated cost to install the units in the fifty-one (5 1) sewer lift stations is $89,800 and the estimated cost to install the units in the eight underpasses is $16,400 making the total estimated cost $106,200. This project will utilize the City's electrical maintenance and repair contract awarded by Council on September 13, 2016 in Resolution number 16-164, of which Gulf Coast Electric was the awarded contractor. That contract does not expire until September 26, 2019. FUNDING SOURCE Capital Program — Lift Station Rehabilitation Project. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of a contract to Gulf Coast Electric Co., Inc., of Beaumont, Texas, in the estimated amount of $106,200.00 for the installation of Fleetzoom Remote Monitoring Units related to possible power outages and flooding of fifty-one (51) sewer lift stations and eight (8) underpass pump stations; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Gulf Coast Electric Co., Inc., of Beaumont, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of October, 2018. - Mayor Becky Ames - TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 16, 2018 REQUESTED ACTION: Council consider a resolution approving the purchase of a new valve maintenance trailer, for use in the Sewer Maintenance Division. BACKGROUND The valve maintenance trailer will be purchased from E.H. Wachs, of Lincolnshire, Illinois, in the amount of $60,084.37. The new trailer will replace unit 9254, which has exceeded the expected service life. It will be disposed of in accordance with the City's surplus equipment policy. Pricing was obtained through the BuyBoard contract. BuyBoard is a cooperative purchasing association that complies with the State of Texas' procurement statutes. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of one (1) valve maintenance trailer for use by the Water Utilities Department, Sewer Maintenance Division from E.H. Wachs, of Lincolnshire, Illinois, in the amount of $60,084.37 through the BuyBoard Cooperative Purchasing Program. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of October, 2018. - Mayor Becky Ames - J TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 16, 2018 REQUESTED ACTION: Council consider a resolution approving the purchase of three all - terrain vehicles (ATV's) for use in the Parks and Recreation; Police; and Fire Departments. BACKGROUND The ATV for the Police Department in the amount of $18,536.94 will replace unit 9882, which has exceeded the expected service life. It will be disposed of in accordance with the City's surplus equipment policy. The ATV for the Fire Department in the amount of $25,230.49 will be added to the Operation's Division inventory. The ATV for the Parks and Recreation Department in the amount of $15,613.27 will be added to the Highway Maintenance Division's inventory. Total pricing, in the amount of $59,380.70, was obtained from Polaris Sales, Inc., of Medina, Minnesota, through the Sourcewell contract. Sourcewell is a cooperative purchasing association that complies with the State of Texas' procurement statutes. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of three (3) All -Terrain Vehicles (ATV) for use by the Parks & Recreation Department, Police Department and Fire Department from Polaris Sales, Inc., of Medina, Minnesota, in the amount of $59,380.70 through the Sourcewell Cooperative Purchasing Program. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of October, 2018. - Mayor Becky Ames - 11 TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer g 3 MEETING DATE: October 16, 2018 REQUESTED ACTION: Council consider resolution for the renewal of an annual maintenance agreement from Tyler Technologies for use by Municipal Court. BACKGROUND Tyler Technologies' Incode court software is used by Municipal Court to maintain records for case management software and to process all court transactions including citations, arraignments, warrants, jury management, and payments. This purchase is exempt from competitive bidding since it is available from only one (1) source having exclusive rights to modify and maintain the software. This agreement in the amount of $56,500 is for an annual period beginning October 2018. FUNDING SOURCE Technology Fund — Municipal Court. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to pay an invoice in the amount of $56,500.00 to Tyler Technologies for the renewal of an annual maintenance agreement for Municipal Court Incode software support beginning October, 2018. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of October, 2018. - Mayor Becky Ames - 14 TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 16, 2018 REQUESTED ACTION: Council consider a resolution approving a contract with PM Construction & Rehab, LLC, of Houston for sewer line rehabilitation and replacement. BACKGROUND The Florida Avenue 24 -inch sewer line was installed in 1948. It has deteriorated and exceeded its design life, resulting in high volumes of rain water entering the sewer collection system which interrupts services to customers. The proposed project shall provide for the renewal of 246 feet of the 24 -inch diameter concrete line by cured -in-place pipe rehabilitation methods. Pricing in the amount of $55,940 was obtained through the BuyBoard Contract. BuyBoard is a cooperative purchasing association that complies with the State of Texas' procurement statutes. FUNDING SOURCE Capital Program — Florida Avenue Interceptor Project. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of a contract to PM Construction & Rehab, LLC, of Houston, Texas, in the amount of $55,940.00 through the BuyBoard Cooperative Purchasing Program to furnish all labor, materials, equipment, and services necessary for renewal of 246 feet of the 24 -inch diameter concrete line by cured -in- place pipe rehabilitation methods related to the Florida Avenue 24 -Inch Sewer Rehabilitation Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with PM Construction & Rehab, LLC, of Houston, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of October, 2018. - Mayor Becky Ames - LTi :' � FA I I ITA VA TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 16, 2018 REQUESTED ACTION: Council consider a resolution approving a payment of dues to the South East Texas Regional Planning Commission (SETRPC) in the amount of $43,233.92 for Fiscal Year 2019. BACKGROUND The SETRPC was established in June of 1970 under enabling legislation as a voluntary association of local governments. Its purpose is to encourage and permit local governments to join and cooperate with one another to improve the health and safety of their citizens, to plan for future development and transportation efforts, and to recognize the needs of agriculture, business and industry, among other things. The City of Beaumont supports the SETRPC and the community projects they perform. Some of the programs these dues will fund are the Criminal Justice Program; the Area Agency on Aging (AAA) Program; the Homeless Coalition; the Foster Grandparents Program (FGP); and the Retired Senior Volunteer Program (RSVP). FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the payment of fiscal year 2019 dues to the South East Texas Regional Planning Commission (SETRPC) in the amount of $43,233.92. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of October, 2018. - Mayor Becky Ames - I 1:1 42UVVA"* TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 16, 2018 REQUESTED ACTION: Council consider authorizing the City Manager to execute a City of Beaumont Indigent Care Affiliation Agreement between the City and St. Mark's Medical Center. BACKGROUND On June 9, 2015, the City Council authorized the City's participation in a municipal health care provider participation program to support the payment of Medicaid supplemental hospital payments to Safety -Net Hospitals in the City. At the same time, the City Council authorized the execution of indigent care affiliation agreements with Baptist Hospitals of Southeast Texas and Christus Hospital. In addition, on July 28, 2015, the City Council approved model rules and procedures related to the City of Beaumont's facilitation of the program. The City is seeking to enter into a similar agreement with a Baptist sister facility, St. Mark's Medical Center. This would allow the Beaumont Local Provider Participation Fund (LPPF) to help the sister facility receive Texas 1115 Waiver program payments if they are unable to claim the full amount of those payments through their current government entity funding source. FUNDING SOURCE Local Safety -Net Hospitals will make mandatory payments into the Beaumont Municipal Health Care Provider Participation Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the City of Beaumont has some responsibility and interest under Texas law to provide health care for indigent persons who reside in the City; and, WHEREAS, the State of Texas historically has reimbursed health care services furnished through the Texas Medicaid program at levels that are inadequate to cover the costs of health care providers; and, WHEREAS, a core mission of the Affiliated Hospitals is to provide health care services to the needy residents of the community; and, WHEREAS, it is in the best interest of the citizens of the City of Beaumont for the City to enter into an Indigent Care Affiliation Agreement with St. Mark's Medical Center to ensure that the indigent residents of the community continue to have access to and receive quality health care services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute an Indigent Care Affiliation Agreement between the City of Beaumont and St. Mark's Medical Center, substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes; and, The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of October, 2018. - Mayor Becky Ames - INDIGENT CARE AFFILIATION AGREEMENT This Indigent Care Affiliation Agreement (the "Agreement") is entered into as of , 2018, to be effective as of , 2018 ("Effective Date"), by and between the City of Beaumont, Texas a unit of local government within the State of Texas ("the Governmental Entity") and St. Mark's Medical Center ("the Affiliated Hospital"). The Affiliated Hospital is organized and licensed under the laws of the State of Texas and their principal offices are provided. RECITALS WHEREAS, the Affiliated Hospital and the Governmental Entity collectively provide substantial uncompensated care to indigent persons annually; WHEREAS, the State's under -funding of, and reductions in eligibility for, Medicaid increases the volumes of indigent patients who rely on hospital emergency room services as the source of primary healthcare and shifts the burden for indigent care to the Affiliated Hospital, the Governmental Entity, and local community; WHEREAS, Affiliated Hospital is related to Baptist Hospitals of Southeast Texas ("Baptist"), a hospital system located in the City of Beaumont and similarly affiliated with the City, because both hospitals are managed by Community Hospital Corporation; WHEREAS, the success of Affiliated Hospital assists Baptist in being able to effectively serve residents in the City; WHEREAS, the Governmental Entity and the Affiliated Hospital recognize that the State will continue to under -fund the Texas Medicaid program and that the indigent numbers in their community will continue to grow; WHEREAS, the Governmental Entity and the Affiliated Hospital desire to ensure that the indigent have access to and receive health care services; WHEREAS, the Governmental Entity and the Affiliated Hospital recognize that it is in their best interest to increase funding for the Medicaid population and to access federal fiinding for the indigent to which the Affiliated Hospital will be entitled under the State's Medicaid program; and WHEREAS, the Governmental Entity and the Affiliated Hospital recognize that they need to cooperate to ensure their ability to deliver cost efficient healthcare services to indigent patients in their community; NOW, THEREFORE, in consideration of the promises and covenants contained in this Agreement, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged and agreed, the parties agree as follows: 7378090_2.DOC EXHIBIT "A" 1.0 INDIGENT CARE COLLABORATION 1.1 Improving Access to Healthcare for Indigent. The Governmental Entity and the Affiliated Hospital will assess the opportunities to improve access to healthcare for indigent persons residing in the community through participation in the Medicaid program including the Medicaid payments authorized by the Texas Healthcare Transformation and Quality Improvement Program Section 1115 Waiver (the "Section 1115 Waiver"). 2.0 REPRESENTATIONS AND WARRANTIES 2.1 Affiliated Hospital Representations and Warranties. The Affiliated Hospital represents and warrants that: It is a Texas corporation or partnership or other entity qualified to do business in Texas, duly established and created pursuant to applicable law with all requisite power and authority to enter into this Agreement in all respects; b. There is no agreement to condition any amounts transferred by the Governmental Entity nor the amount of Medicaid payments received on the amount of indigent care the Affiliated Hospital has provided or will provide; c. There is no agreement to condition the amount of the Affiliated Hospital's indigent care obligation on the amount transferred by the Governmental Entity nor the amount of any Medicaid payment the Affiliated Hospital might receive; d. No escrow, trust, or other funding mechanism exists, the amount of which is conditioned or contingent on the amount of indigent care services provided or to be provided by the Affiliated Hospital; and that any escrow, bust or other funding mechanism utilized in connection with an anticipated intergovernmental transfer ("IGT") from the Governmental Entity has been disclosed to HHSC and is not used to effect a quid pro quo for the provision of indigent care services by or on behalf of the Affiliated Hospital; e. The Affiliated Hospital will not return or refund any Medicaid payments received to the Governmental Entity; f. No part of any Medicaid payment received under the Section 1115 Waiver program will be used to pay a contingent fee, consulting fee, or legal fee associated with the Affiliated Hospital's receipt of payments under the Section 1115 Waiver program. 7378090_2.DOC g. The execution, delivery, and performance by the Affiliated Hospital of this Agreement are within the Affiliated Hospital's powers, are not in contravention of any other instruments governing the Affiliated Hospital and have been duly authorized and approved by the Affiliated Hospital as and to the extent required by applicable law; h. Neither the Affiliated Hospital, nor any of its representatives are (i) currently excluded, debarred, or otherwise ineligible to participate in the federal health care programs as defined in 42 U.S.C. Section 1320a-7b(f) (the "federal health care programs"); (ii) convicted of a criminal offense related to the provision of health care items or services but not yet excluded, debarred, or otherwise declared ineligible to participate in the federal health care programs; or (iii) under investigation or otherwise aware of any circumstance which may result in the exclusion of the Affiliated Hospital or any of its representatives from participating in federal health care programs; and i. This Agreement has been duly and validly executed and delivered by the Affiliated Hospital. 2.2 Governmental Entity Representations and Warranties. The Governmental Entity represents and warrants that: a. It is a unit of local government within the State of Texas, duly established and created with all requisite power and authority to enter into this Agreement in all respects; b. There is no agreement to condition the amount transferred by the Governmental Entity nor the amount of Medicaid supplemental payments on the amount of indigent care the Affiliated Hospital have provided or will provide; There is no agreement to condition the amount of the Affiliated Hospital's indigent care obligation on the amount transferred by the Governmental Entity nor the amount of any Medicaid supplemental payment the Affiliated Hospital might receive; d. No escrow, trust, or other funding mechanism exists, the amount of which is conditioned or contingent on the amount of indigent care services provided or to be provided by the Affiliated Hospital; and that any escrow, trust or other funding mechanism utilized in connection with an anticipated IGT fi•om the Governmental Entity has been disclosed to HHSC and is not used to effect a quid pro quo for the provision of indigent care services by or on behalf of the Affiliated Hospital; 7378090_2.DOC e. The Governmental Entity has not received and will not receive refunds of payments the Governmental Entity made or makes to the Affiliated Hospital for any purpose in consideration for an IGT by the Governmental Entity to fund Medicaid supplemental payments; £ The execution, delivery, and performance by the Governmental Entity of this Agreement are within the Governmental Entity's powers, are not in contravention of any other instruments governing the Governmental Entity and have been duly authorized and approved by the Board of Directors of the Governmental Entity as and to the extent required by applicable law; g. This Agreement has been duly and validly executed by the Governmental Entity; h. The Governmental Entity has not received and has no agreement to receive any portion of any Medicaid payments made to Affiliated Hospital; The Governmental Entity has not entered into a contingent fee arrangement related to its participation in the Section 1115 Waiver program; j. The Governmental Entity is authorized to participate in the Section 1115 Waiver program pursuant to a vote of its governing body in a public meeting preceded by public notice published in accordance with its usual and customary practices or the Texas Open Meetings Act, as applicable; and k. Notwithstanding anything in this Agreement to the contrary, any decision by the Governmental Entity to provide funding for the Medicaid program is at the sole discretion of the Governmental Entity. 3.0 OBLIGATIONS OF THE AFFILIATED HOSPITAL 3.1 Agreement to Collaborate with the Governmental Entity. The Affiliated Hospital agrees to work cooperatively with the Governmental Entity to improve access to health care for indigent persons. 3.2 Documentation. The Affiliated Hospital agrees to provide the Governmental Entity documentation that demonstrates the amount and types of health care (including indigent health care and Medicaid services historically provided in its community) as requested by the Governmental Entity, but no more frequently than quarterly. 7375090_2.DOC 3.3 Compliance with State and Federal Law. The Affiliated Hospital agrees to retain qualified professionals to ensure health care is provided in compliance with state and federal charity care laws, anti-tnist laws, and any other applicable laws, and the Medicare and Medicaid programs. 3.4 Indigent Care Program Participation. At all times during the term of this Agreement, the Affiliated Hospital shall use their best efforts to maintain its qualifications for participation in the Medicaid and Medicare programs. 3.5 Compliance with HIPAA. To the extent applicable to this Agreement, the Affiliated Hospital agrees to comply with the Health Insurance Portability and Accountability Act of 1996, as codified at 42 U.S.C. Section 1320d, et seq. ("HIPAA"), and any current and fixture regulations promulgated thereunder, including, without limitation, the federal privacy regulations contained in 45 C.F.R. Parts 160 and 164 (the "Federal Privacy Regulations"), the federal security standards contained in 45 C.F.R. Parts 160, 162 and 164 (the "Federal Security Regulations"), and the federal standards for electronic transactions contained in 45 C.F.R. Parts 160 and 162 (the "Federal Electronic Transaction Regulations"), all as amended from time to time, and all collectively referred to herein as "HIPAA Requirements." The Affiliated Hospital agrees not to use or further disclose any Protected Health Information (as defined in the Federal Privacy Regulations) or EPHI (as defined in the Federal Security Regulations), other than as pennitted by the HIPAA Requirements and the terms of the Agreement. In addition, the Affiliated Hospital agrees to comply with any state laws and regulations that govern or pertain to the confidentiality, privacy, security of, and electronic transactions pertaining to, health care information. As and to the extent required by law, upon the written request of the Secretary of Health and Human Services, the Comptroller General or any of their duly authorized representatives, the Affiliated Hospital shall make available those contracts, books, documents and records necessary to verify the nature and extent of the costs of providing services under this Agreement. Such inspection shall be available for up to four (4) years after rendering of such services. The Affiliated Hospital will also indemnify and hold the Governmental Entity harmless if any amount of reimbursement is denied or disallowed because of the Affiliated Hospital's failure to comply with the obligations set forth in this section. Such indemnity shall include, but not be limited to, the amount of reimbursement denied, plus any interest, penalties and legal costs. If the Affiliated Hospital carries out any of the duties of this Agreement through a subcontract with a value of $10,000.00 or more over a twelve (12) month period with a related individual or organization, the Affiliated Hospital agrees to include this requirement in any such subcontract. This section is included pursuant to, and is governed by the requirements of, 42. U.S.C. § 1395x(v)(1) and the regulations thereto. 7378090_2.DOC 4.0. OBLIGATIONS OF THE GOVERNMENTAL ENTITY 4.1 Agreement to Cooperate with the Affiliated Hospital. The Governmental Entity agrees to work cooperatively with the Affiliated Hospital to improve access to health care for indigent persons. 4.2 No Condition on Medicaid Funding. The Governmental Entity agrees that it will not condition the amount to which it funds the non-federal share of Medicaid supplemental payments on a specified or required minimum amount of prospective indigent care. 4.3 Retrospective Evaluation of Services. The Governmental Entity may retrospectively evaluate the amount and impact of the Affiliated Hospital's indigent care delivery and can rely on such historical information in determining whether and to what degree it will provide an IGT in the future. 4.4 Documents Publicly Available. The Governmental Entity agrees to make publicly available any documentation utilized in connection with intergovernmental transfers of funds and any documentation executed by the Governmental Entity related to its participation in the Section 1115 Waiver, including this Agreement. 4.5 Use of Public Funds. To the extent the Governmental Entity decides to provide funding for Medicaid supplemental payments, the Governmental Entity agrees to use public funds for such finding. 4.6 Compliance with HIPAA. The Governmental Entity agrees to comply with the Health Insurance Portability and Accountability Act of 1996, as codified at 42 U.S.C. Sections 1320d, et seq. ("HIPAA"), and any current and future regulations promulgated thereunder, including, without limitation, the federal privacy regulations contained in 45 C.F.R. Parts 160 and 164 (the "Federal Privacy Regulations"), the federal security standards contained in 45 C.F.R. Parts 160, 162 and 164 (the "Federal Security Regulations"), and the federal standards for electronic transactions contained in 45 C.F.R. Parts 160 and 162 (the "Federal Electronic Transaction Regulations"), all as amended from time to time, and all collectively referred to herein as "HIPAA Requirements." The Governmental Entity agrees not to use or further disclose any Protected Health Information (as defined in the Federal Privacy Regulations) or EPHI (as defined in the Federal Security Regulations), other than as permitted by the HIPAA Requirements and the terms of the Agreement. In addition, the Governmental Entity agrees to comply with any state laws and regulations that govern or pertain to the confidentiality, privacy, security of, and electronic transactions pertaining to, health care information. As and to the extent required by law, upon the written request of the Secretary of Health and Human Services, the Comptroller General or any of their duly 7378090_2.Doc authorized representatives, the Governmental Entity shall make available those contracts, books, documents and records necessary to verify the nature and extent of the costs of providing services under this Agreement. Such inspection shall be available for up to four (4) years after rendering of such services. The Governmental Entity will also indemnify and hold the Affiliated Hospital harmless if any amount of reimbursement is denied or disallowed because of the Governmental Entity's failure to comply with the obligations set forth in this section. Such indemnity shall include, but not be limited to, the amount of reimbursement denied, plus any interest, penalties and legal costs. If the Governmental Entity carries out any of the duties of this Agreement through a subcontract with a value of $10,000.00 or more over a twelve (12) month period with a related individual or organization, the Affiliated Hospital agrees to include this requirement in any such subcontract. This section is included pursuant to, and is governed by the requirements of, 42. U.S.C. § 1395x(v)(1) and the regulations thereto. 5.0 GENERAL PROVISIONS 5.1 Term and Termination. The term of this Agreement shall be one year from Effective Date and shall automatically continue thereafter for additional terms of one year unless the parties agree otherwise; provided, however, that this Agreement shall terminate immediately upon written notice by either the Governmental Entity or the Affiliated Hospital to the other party. 5.2 Notices. All notices required or permitted hereunder shall be in writing and shall be sufficiently given and deemed to have been received upon personal delivery, by overnight carrier, by email, or by United States mail, postage prepaid, registered or certified mail, addressed to the parties as follows: Governmental Entity: City of Beaumont c/o: Beaumont City Council 801 Main Street Beaumont, TX 77701 Affiliated Hospital: St. Mark's Medical Center One St. Mark's Place LaGrange, Texas 78945 With a Copy to: Carlos Zaffirini Jr. Adelanto HealthCare Ventures, L.L.C. 401 W. 15", Street, Suite 840 Austin, TX 78701 7378090_2.DOC and: Charles Luband Dentons US LLP 1221 Avenue of the Americas New York, NY 10020-1089 5.3 Relationship Between the Parties. The relationship between the Governmental Entity and the Affiliated Hospital is solely a contractual relationship between independent contractors. No party hereto is an agent or employee of any other party. Nothing in this Agreement shall prevent any affiliation or contracting by any party with any third party, with the exception that no party may contract or affiliate with other party to gain entitlement to Medicaid supplemental payments pursuant to this Agreement. 5.4 Venue and Governing Law. Each party to this Agreement hereby agrees and acknowledges that venue and jurisdiction of any suit, right, or cause of action arising out of or in connection with this Agreement shall lie exclusively in Jefferson County, Texas, and the parties hereto expressly consent and submit to such jurisdiction. Furthermore, except to the extent that this Agreement is governed by the laws of the United States, this Agreement shall be governed by and construed in accordance with the laws of the State of Texas, excluding, however, its choice of law rules. The Affiliated Hospital understands that the Governmental Entity is a political subdivision of the State of Texas and governed by certain statutes applicable thereto. 5.5 Assignment. No party may assign any right, obligation, or responsibility under this Agreement except to a successor in interest. 5.6 Third Party Beneficiaries. The parties to this Agreement do not intend to establish any third party beneficiary relationship by virtue of this Agreement. [SIGNATURE BLOCK ON NEXT PAGE] 7378090_2.DOC IN WITNESS WHEREOF, the parties have executed this Agreement as of the date(s) set forth below. City of Beaumont, Texas BY __ Printed Name: Title: Date: St. M Me ' Center v: r Printed Name: Title:1�- Date: / 47 -Vee' / 7378090 2.DOC TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 16, 2018 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-4/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a resolution authorizing the City Manager to execute a new labor agreement with the Beaumont Police Officers Association 2. Consider a resolution authorizing the City Manager to execute Change Order No. 6 for the Washington Boulevard Pavement Widening Phase II Project (Corporate Drive to Amarillo Street) 3. Consider a resolution authorizing the City Manager to receive funding through the Department of Homeland Security 2018 Port Security Grant Program 4. Consider a resolution approving the purchase of a new ambulance box for use in the Emergency Medical Service Division WORK SESSION * Review and discuss operations within the Police Department COMMENTS * Public Comment (Persons are limited to 3 minutes) * Councilmembers/City Manager comment on various matters EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Gaming Site Permit Revocation Appeal 1425 College Street Khalid Mahmood v. City of Beaumont; Cause No. E-198,371 Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. 1 October 16, 2018 Consider a resolution authorizing the City Manager to execute a new labor agreement with the Beaumont Police Officers Association A 1A TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer 41 MEETING DATE: October 16, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a new labor agreement with the Beaumont Police Officers Association. BACKGROUND The current Labor Agreement between the City of Beaumont and the Beaumont Police Officers Association expired on September 30, 2018. A proposed four-year Labor Agreement is recommended and would provide the following highlights: 1. A 3% wage increase effective upon the execution of a new agreement. 2. A 3% wage increase effective October 1, 2019; a 3.5% wage increase effective October 1, 2020; and a 4% wage increase effective October 1, 2021. 3. Increasing the amount of personal time an officer can carry from one fiscal year to another from 32 hours to 40 hours. 4. Increasing the maximum amount of personal time an officer can accrue before year- end from 56 hours to 60 hours. FUNDING SOURCE General Fund. The financial impact in FY 2019 is estimated at $750,000. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a labor agreement, substantially in the form attached hereto as Exhibit "A," with the Beaumont Police Officers Association; and, BE IT FURTHER RESOLVED THAT this Resolution shall be effective from the date of its passage. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of October, 2018. - Mayor Becky Ames - LABOR AGREEMENT BETWEEN THE CITY OF BEAUMONT & THE BEAUMONT POLICE OFFICERS ASSOCIATION OCTOBER 16, 2018 - SEPTEMBER 30, 2022 TABLE OF CONTENTS Article Provision Page PREAMBLE 2 INTENT AND PURPOSE 2 DEFINITIONS 2 1 RECOGNITION 3 2 DISCRIMINATION 4 3 MANAGEMENT RIGHTS 5 4 MAINTENANCE OF STANDARDS 5 5 NO STRIKE - NO LOCK -OUT 6 6 UNION REPRESENTATIVES 6 7 UNION BUSINESS LEAVE 7 8 PAYROLL DEDUCTION OF DUES 8 9 GRIEVANCE AND DISCIPLINARY APPEALS PROCEDURE 9 10 PROBATION AND SENIORITY 15 11 PROMOTIONS 16 12 WORKING OUT OF CLASSIFICATION 19 13 HOURS OF DUTY AND WORK SCHEDULES 19 14 SHIFT EXCHANGE 21 15 CLOTHING 22 16 LEAVE 24 17 HOLIDAYS 28 18 WAGES 29 19 SHIFT DIFFERENTIAL 33 20 OVERTIME, CALL-BACK AND STAND-BY PAY 34 21 LONGEVITY PAY 36 22 INSURANCE 36 23 GENERAL PROVISIONS 41 24 CIVIL SERVICE 42 25 SELECTION 42 26 COPIES OF AGREEMENT 43 27 STABILITY OF AGREEMENT 43 28 POLICE OFFICER'S BILL OF RIGHTS 44 29 IMPASSE PROCEDURE 46 30 RETIREMENT 48 31 DURATION OF AGREEMENT 49 32 SAVINGS CLAUSE 49 APPENDIX "A" — SCHEDULE OF WAGES 51 1 THE STATE OF TEXAS § COUNTY OF JEFFERSON § This Agreement is made and entered into by and between the City of Beaumont, a municipal corporation domiciled in the State of Texas, herein referred to as the "Employer," and the Beaumont Police Officers Association (BPOA), hereinafter referred to as the "Union." INTENT AND PURPOSE It is the general purpose of this agreement to promote the mutual interests of the Employer and its employees; to provide for equitable and peaceful adjustment of differences which may arise; to establish proper standards of wages, hours and other conditions of employment which will provide and maintain a sound economic basis for the delivery of public services; and to provide for the operation of the services delivered by the Employer under methods which will further, to the fullest extent possible, economy and efficiency of operation, elimination of waste, realization of maximum quantity and quality of output, cleanliness, protection of property and avoidance of interruptions of service. The parties to this agreement will cooperate fully to secure the advancement and achievement of these purposes. DEFINITIONS For the purposes of this Agreement, the following definitions shall apply: A. "Bargaining Unit" means all full-time police officers with the exception of the Chief of Police of the Department. B. "Chief" means the Chief of Police of the Beaumont Police Department or his designee. 2 C. "City" means the City of Beaumont. D. "CLEAT" means the Combined Law Enforcement Associations of Texas. E. "Department" means the Beaumont Police Department. F. "Director" means Director of the Beaumont Fire and Police Civil Service Commission. G. "Employee" means a sworn police officer who is a member of the bargaining unit. H. "Employer" means the City of Beaumont. I. "Officer" means any sworn officer who is a member of the bargaining unit. J. "Union" means the Beaumont Police Officers Association. Pronoun Use Unless otherwise stated, it is understood and mutually agreed that masculine and feminine pronouns refer to, and include, both genders equally. ARTICLE 1 RECOGNITION Section 1. The Beaumont Police Officers Association, hereinafter referred to as the "Union," having qualified for exclusive recognition and having been designated by a majority of the employees in the unit as their representative, is hereby recognized by the Employer as the sole and exclusive bargaining agent for the employees in the 3 bargaining unit in matters concerning wages, rates of pay, hours of employment, or conditions of work affecting police officers in the unit. Section 2. The Union recognizes the City Manager or his designated representative or representatives as the sole representative or representatives of the Employer for the purpose of collective bargaining. Section 3. The rights of the Union, as sole and exclusive bargaining agent, include sole and exclusive payroll deduction of dues from employee paychecks for Union membership; sole and exclusive access and use of the Union bulletin boards; and sole and exclusive representation rights under the grievance procedure herein. ARTICLE 2 DISCRIMINATION The Employer agrees not to interfere with the rights of police officers to become members of the Union and to maintain such membership. The Employer shall not discriminate against any employee because of his lawful Union activity. The Union agrees that it will not interfere with, coerce or intimidate any employee into joining the Union. The Union recognizes that no employee is required to join the Union, but that each employee has the right to choose of his own free will as to whether or not he will or will not join the Union. The Union further agrees that there will be no interference with the free right of any employee of the Employer to enter and leave its premises and property unmolested and without harassment. It is the mutual obligation of the Employer and the Union to assure that no employee shall be subject to any discrimination because of race, religion, color, sex, or national origin. M ARTICLE 3 MANAGEMENT RIGHTS Except as otherwise specifically provided herein, the direction of the work force and the management of the Department, including, but not limited to, the right to hire, the right to discipline or discharge for just cause, the right to decide job qualifications for hiring, the right to lay off for lack of work or funds, the right to abolish positions, the right to make rules and regulations governing conduct and safety, the right to determine the methods, processes and manner of performing work of employees, the determination of policy affecting the selection of new employees, the right to establish work assignments and_performance measurements and standards and the right to implement programs to increase the cost effectiveness of departmental operations if research dictates the need for such programs, are vested exclusively in the Employer. Except in situations of emergency, it is agreed and understood that whenever the Employer intends to exercise its contractual managerial prerogatives in a manner which will have impact upon employees covered under this Agreement, the Employer shall notify the Union at least thirty (30) calendar days in advance of its intent to change, modify, rescind or institute any new policy or order which affects the employees and take into consideration any written responses made by the Union prior to implementation of any such change and afford the Union an opportunity to confer with the Employer. ARTICLE 4 MAINTENANCE OF STANDARDS Nothing contained in this Agreement shall be construed as repealing any lawful, recognized benefit provided through the Department for employees of the Department, and no employee shall inadvertently suffer any loss of wages, or hours by reason of the signing of this Agreement. 5 ARTICLE 5 NO STRIKE - NO LOCK -OUT Section 1. The Union agrees that, during the term of this Agreement, it will not authorize, ratify, encourage, or otherwise support any strikes, slow -downs, picketing, or any other form of work stoppage or interference with the business of the Employer, and will cooperate with the Employer in preventing or halting any such action. Employer agrees that it will not authorize, ratify, encourage, or otherwise support any lockout during the term of this Agreement. Section 2. The Employer may discipline or discharge any employee who instigates, participates, or gives leadership to any act or conduct prohibited by Section 1 of this Article. The Employer may also invoke any remedies authorized by Section 174.205, Local Government Code, in the event of any strike, work stoppage, or slow -down. ARTICLE 6 UNION REPRESENTATIVES Section 1. A written list of Union executive officers shall be furnished to the Employer immediately after their designation and the Union shall notify the Employer of any changes. The Union shall designate not more than nine (9) executive officers. The Union officers and the Union President or his designee shall be granted reasonable time off during working hours without loss of pay to investigate and settle grievances, consider and prepare responses to management initiated proposals, participate in arbitration or court actions involving the Union, and represent unit employees in formal disciplinary action proceedings, provided that the officer(s) advise their commanding officer. Permission may be withheld due to emergency operating requirements by the commanding officer, but will not be unreasonably withheld. 0 Section 2. Union officers, board members, committee members and stewards will be given reasonable time off to attend a reasonable number of Union meetings held on Employer's premises or within the corporate limits of the City. Section 3. Grievance Committee members will be given reasonable time off to attend Grievance Committee meetings. Section 4. Management agrees to allow the Union to have space in any police facility for board meetings, grievance committee meetings, other committee meetings and general meetings subject to space availability. The Union shall give the Chief three (3) calendar days written notice of its intent to use any police facility. The Chief may not unreasonably deny such use. Section 5. To enable the Union to expedite the preparation of contract proposals, the Employer agrees to allow the Union President reasonable time off for such purpose and to allow reasonable time off to other members to assist subject to the approval of the Chief. ARTICLE 7 UNION BUSINESS LEAVE Section 1. All employees covered by the terms of this Agreement who are members of the collective bargaining team, not to exceed four (4), shall be allowed time off to negotiate if they are scheduled to work at that time. Section 2. Elected Union officials shall be allowed to attend the monthly BPOA meeting without loss of pay or benefits if said meeting occurs during the official's regular tour of duty. The Union shall make a reasonable effort to conduct its meetings within three (3) hours. No overtime shall result relating to the officials attending the meeting. Officials may be called back to duty in an emergency. 7 Section 3. Up to three (3) Union officials,shall be granted time off without loss of pay or benefits to attend the semi-annual CLEAT board meeting, for a total aggregate of not to exceed fifteen (15) working days per year. Section 4. Union officials may be granted time off without loss of pay or benefits to attend a reasonable amount of labor orientated training sessions or seminars subject to approval of the Chief. Approval by the Chief shall not be unreasonably withheld. The Union will be responsible for the payment of travel expenses and training fees. ARTICLE 8 PAYROLL DEDUCTION OF DUES Section 1. The Employer agrees to deduct, once each month, dues and assessments in an amount certified to be current by the Secretary -Treasurer of the Union from the pay of those employees who individually request, in writing, that such deductions be made. The total amount of deduction shall be remitted, each month, together with the names of the employees from whom dues have been collected, by the Employer to the Secretary -Treasurer of the Union. This authorization shall remain in full force and effect during the term of this Agreement. Section 2. In the interest of harmonious and stable relations between parties, at the time of employment, the Union will inform each new employee that the employee may voluntarily execute an authorization of voluntary salary allotments for the payments of dues, should the employee desire to join the Union. Section 3. The Union shall forward to the Employer a copy of all authorizations or cancellations of voluntary deduction of Union dues by employees in the Bargaining Unit. n Section 4. Employer agrees no charge will be assessed for deduction of dues from employee pay. Section 5. The Employer agrees to continue said deductions during the term of this Agreement and will do so until a new agreement is put into effect, even if this Agreement expires. Section 6. The Union shall indemnify, defend and hold harmless the Employer from any claim or cause of action brought by any employee resulting from the operation of this Article. Section 7. The Employer shall have the right to require that payments to the Union of dues deductions pursuant to this article be made by direct deposit. ARTICLE 9 GRIEVANCE AND DISCIPLINARY APPEALS PROCEDURE Section 1. The purpose of this grievance and disciplinary appeals procedure is to establish effective machinery for the fair, expeditious and orderly adjustment of grievances and disciplinary appeals. A grievance is defined as any dispute involving the interpretation, application or enforcement of a specific clause of this Agreement. The disciplinary appeals procedure shall include any demotion, suspension or termination for disciplinary purposes of any employee. Employees who are members of the bargaining unit may bring disciplinary appeals, but only the Union and the Employer may bring contract grievances. Employer agrees to allow the Union Grievance Committee access to a suitable location for grievance committee meetings. Any disciplinary actions involving suspensions taken against an employee who is assigned to work a 10 -hour shift shall be listed in hours rather than days. 0 Section 2. Disciplinary Appeals. In the original written statement and charges and in any hearing conducted under this Agreement, the Chief may not complain of an act that occurred earlier than the 180th calendar day preceding the date the Chief suspends the officer unless the act is discovered after the 160th calendar day following its occurrence, in which case, the Chief has an additional thirty (30) calendar days to suspend the officer. The Chief shall certify the date of his discovery of the act in question to the employee in writing. A. Any employee or his attorney may file a written appeal that includes the basis for the appeal and a request for arbitration when the employee is demoted, suspended or terminated as a result of a disciplinary action. The appeal must also contain a statement denying the truth of the charge as made, a statement taking exception to the legal sufficiency of the charge, a statement alleging that the recommended action does not fit the offense or alleged offense, or a combination of these statements with the Chief within fifteen (15) calendar days of the date the employee was served written notice of the disciplinary action. If not resolved, the grievance shall be forwarded to the City Manager. B. A disciplinary appeal not filed within the time limit described shall not be considered timely and shall be void. C. The time limitations described herein may be waived by mutual agreement in writing by the aggrieved employee and the appropriate management official. D. The Chief shall render a written decision regarding appeals of demotion, suspension or termination within seven (7) calendar days of the date said appeal was filed with the Chief. If the appeal remains unresolved, said appeal, if submitted, must be filed with the office of the City Manager. Said appeal must be filed within seven (7) days of the date the Chief rendered or should have rendered a written decision. 10 E. The City Manager shall render a written decision regarding appeals of demotion, suspension or termination within seven (7) calendar days of the date the employee filed said appeal with the City Manager. F. If the appeal remains unresolved, the employee or his attorney may request that the disciplinary action be submitted to arbitration. Any such request must be submitted in writing to the City Manager within seven (7) days from the date the City Manager rendered or should have rendered a written decision. G. Any employee who is passed over for promotion may file a written appeal with the Chief within fifteen (15) calendar days of the date the employee was served written notice of being passed over for promotion. The written appeal by the employee may be filed by an attorney of the employee's choice. The Union and the Employer agree that while a "promotional passover" does not constitute discipline, the procedure for addressing such appeals shall be the same as that of a disciplinary appeal. H. The Chief and the employee can enter into a written negotiated agreement regarding discipline with written approval of the City Manager. Section 3. Contract Grievances. A. A grievance involving the interpretation, application or enforcement of a specific clause of this Agreement by one or more employees shall be brought to the attention of the Union Grievance Committee in writing within thirty (30) calendar days of when the employee knew or should have known of the grievance. The Union may bring a grievance that is an on-going practice by the City which affects the bargaining unit as a whole. ("Class Action") within thirty (30) calendar days of when the Union knew or should have known of the grievance. Within thirty (30) calendar days of receipt of the grievance, the grievance 11 committee shall determine if a valid grievance exists. If, in the opinion of the grievance committee, no grievance exists or the Union denies the grievance, the grievance committee shall notify the employee. If the Union accepts the grievance, the Union shall, within seven (7) calendar days of accepting the grievance, present written notice of the grievance to the Chief for adjustment. It is the intent of the parties to attempt to resolve disputes and grievances over the application, interpretation and enforcement of the Agreement at the lowest level. Nothing herein shall prevent the Union from meeting and conferring with the City Manager, Chief, or their designees in an attempt to resolve the alleged grievance before the time limits expire. The Union Grievance Committee_may invite the City Manager, Chief, or their designees to submit for the grievance committee's consideration any evidence that the grievance has been addressed or resolved in a previous grievance or an arbitrator's award. B. The Chief shall render a written decision to the Union President or his designee within seven (7) calendar days of the date the Union filed said grievance with the Chief. C. If the grievance remains unresolved, the Union may submit said grievance to the City Manager. Said grievance, if submitted, must be filed within seven (7) calendar days of the date the Chief rendered or should have rendered a written decision. D. The City Manager shall render a written decision within seven (7) calendar days of the date the Union filed said grievance with the City Manager. E. If the grievance remains unresolved, the Union may request that the grievance be submitted to arbitration. If the Union requests that the grievance be submitted to arbitration, said request must be submitted in writing to the City Manager 12 within seven (7) calendar days from the date the City Manager rendered or should have rendered a written decision. F. A grievance or a written request for arbitration not filed within the time limitations specified herein shall not be considered timely and shall be void. G. The time limitations described herein may be waived by mutual agreement in writing by the Union and the appropriate management official. Section 4. Arbitration. A. Either party may request the Federal Mediation and Conciliation Service (FMCS) or American Arbitration Association (AAA) to provide a list of arbitrators in accordance with its selection rules. Either party shall have the right to reject the list submitted by FMCS or AAA once only or by mutual agreement of the parties. In that event, the FMCS or AAA will be requested to submit another list. The parties shall select an arbitrator from the list. The parties, by mutual agreement, may select to use AAA expedited rules. B. The powers of the arbitrator shall be limited as follows: 1. The arbitrator shall have no power to add to, subtract from, or modify any of the terms of this Agreement. 2. The arbitrator shall deal only with the disciplinary appeals, promotional passovers or contractual grievance or grievances that occasioned the arbitrator's appointment. C. The decision of the arbitrator, if within the scope of the arbitrator's authority, shall be final and binding upon the parties. 13 D. The Union and the Employer shall equally share the costs and expenses for the arbitrator's services. Either party desiring a transcript of the arbitration hearing shall be responsible for the cost of such transcript. E. Except as otherwise provided for in Article 9 Grievances, with respect to appeals of suspensions, indefinite suspensions, promotional passovers and demotions, the Employer and Union hereby agree that the administrative procedures for arbitration hearings and the respective rights of employees in such proceedings shall be governed by the Texas Local Government Code, Section 143.057. F. The powers and duties of the designated arbitrator or hearing examiner in such proceedings are as prescribed by the Texas Local Government Code, Section 143.057(f), which shall include, but are not limited to, the right to subpoena witnesses. G. The Union agrees that, on behalf of its members individually and collectively, with the adoption of this grievance procedure herein, the employee hereby relinquishes the right to appeal to the Civil Service Commission or appeal the designated arbitrator's final decision to the District Court except as provided by the Texas Local Government Code, Section 143.0570). H. The arbitrator shall be empowered to determine whether an issue is subject to arbitration pursuant to this Agreement. 14 ARTICLE 10 PROBATION AND SENIORITY Section 1. Probation. A. Employees shall be considered to be probationary for a period of twelve (12) consecutive months from the date of commission as a Beaumont police officer. The Chief may extend the probationary period one time for an additional ninety (90) calendar days upon notification in writing to the Union and the employee of the reasons. A probationary period may be extended in excess of ninety (90) calendar days due to extenuating medical circumstances not to exceed one (1) year. B. The Union may accept probationary employees as members at -large, but they are not to be considered as protected by this Agreement. The Union may provide advice, or representation, to the probationary employees only as allowed by law. C. During the probationary period, an employee may be disciplined for any reason, without recourse to the grievance procedure. D. Article 10, Seniority, Section 2, shall not apply to a probationary employee. E. Article 14, Shift Exchange, shall not apply to a probationary employee. F. Duty hours and work schedules of probationary employees may be altered at any time deemed appropriate by the Chief or his designee. Section 2. Seniority. A. Seniority in grade or rank shall be the determining factor in vacation leave, splitting of vacation, days off, and annual personnel shift assignments. The Employer 15 may make job assignments based on job skills and qualifications. In the event applicants have comparable skills, seniority in grade or rank shall be the determining factor. The Chief shall determine which officers will attend the training schools. Seniority from the date of commission as a Beaumont police officer shall be the determining factor in all layoffs or recalls. B. The Union President (if desired) shall be assigned to the day shift to permit said officer to attend to Union business. This assignment shall at no time adversely affect any other employee with respect to shift and days off. C. For the purpose of this Agreement, seniority shall be considered to be continuous years of sworn service from the last date of appointment as a commissioned police officer with the Department. Continuous years of sworn service shall include periods of leave without pay, which have been approved by the Chief and City Manager. D. Layoff and recall shall be pursuant to Section 143.085, Texas Local Government Code. ARTICLE 11 PROMOTIONS Section 1. Promotion Process Generally. Except as provided for in this Article, all written promotional procedures shall be made in accordance with the Fire & Police Civil Service, Chapter 143, Texas Local Government Code. Written promotional examinations shall be given between the ninetieth (90th) and one hundred and twentieth (120th) day of the effective date of the first vacancy in the grade for which the test is given. Thereafter, the promotional eligibility list resulting from the examination shall be used to fill all vacancies occurring in that grade during the life of the promotional eligibility list. Except for review and appeal of promotional examination questions pursuant to Section 143.034, all other promotional grievances shall be determined by 16 arbitration pursuant to provisions of Article 9 of this Agreement. Section 2. Promotional Examinations. A. Promotional Eligibility. Promotional examinations for Grade II (Sergeants) shall be open to all employees who have held a continuous sworn position with the Department for five (5) years or more as of the date of the promotional examination. For purposes of this paragraph, "continuous" shall include any term of sworn service in an appointed position pursuant to 143.014 of the Texas Local Government Code. Promotional examinations for Grade III (Lieutenants) and Grade IV (Captains) shall be open to all employees who have held a continuous position for three (3) years or more as of the date of the promotional examination in the classification immediately below the classification for which the examination is given. B. Seniority Points. For the purpose of awarding seniority points, seniority shall be measured as of the date the promotional examination is given. Seniority points shall be awarded only for whole years of service up to and including the date of the examination. 1. All seniority points given for promotions to Grade II shall be based on continuous service in sworn positions up to a maximum of ten (10) years of service. 2. Seniority points for Grade III and Grade IV promotions shall be up to a maximum of five (5) years of continuous sworn service in the grade immediately below that for which the promotional examination is given. The effective date of vacancy shall be the last day of employment by the individual who is leaving the position that will be made vacant. After the effective date of this Agreement, any written promotional examination shall be based upon a maximum score of one hundred (100) points. A passing score will be seventy percent (70%). Seniority points shall be added to the written 17 examination score of only those officers who pass the written examination with seventy percent (70%) or more. Section 3. Promotional Test Material. A. Test material for all promotional examinations may include all or any combination of the following: a. Texas Penal Code; b. Texas Code of Criminal Procedures; c. Texas Traffic Laws; d. Texas Family Code; e. Texas Drug Laws; f. Beaumont City ordinances; and g. Rules, regulations and written directives of the Department. B. Test material for Grade II (sergeant), Grade III (Lieutenant), and Grade IV (captain) promotional examinations may also include up to four (4) outside sources of reading material chosen by the Civil Service Director. The sources must pertain to the respective duties of the position being sought. C. If more than two (2) outside sources of reading material are selected, reduction of the sources shall be accomplished by limiting the number of chapters from which test questions may be derived to approximately fifty percent (50%) of the total volume of sources. Section 4. Filling Promotional Vacancies. Unless it is held to be invalid, a promotional eligibility list established as a result of a promotional examination shall remain in effect until the earlier of two dates: MO • the date the list is exhausted; or • one (1) year from the date the list is certified by the Civil Service Commission. A promotional vacancy occurring on the date a promotional eligibility list expires shall be filled from that list. Any promotional eligibility lists created prior to this Agreement, and in existence at the time this Agreement, is still effective until exhausted or it expires. Section 5. Appointments to Assistant Chief. The Chief may appoint from the rank of Grade II with ten (10) years or more of seniority as a Grade II, Grade III and Grade IV, at the Chief's sole discretion, two (2) positions below the rank of Chief. Those appointed shall serve at the pleasure of the Chief and may be demoted to their previously held civil service rank without cause. In no event shall any demoted appointee cause another employee to be demoted because of their returning to a civil service position. The Employer shall authorize additional staffing positions in order to avoid such "bumping"; however, the Employer may reduce the extra staffing positions later by attrition in order to return to the previous authorized number of positions. ARTICLE 12 WORKING OUT OF CLASSIFICATION Any employee who is ordered to temporarily fill a position in a higher classification shall be paid the base salary of such higher position; provided, the employee works a minimum of eight (8) or ten (10) consecutive hours, as the position dictates, in the higher classification. ARTICLE 13 HOURS OF DUTY AND WORK SCHEDULES Section 1. Other than as set forth in this Article, work schedules and hours of work for employees during the term of this Agreement shall be those in effect on the date that this agreement is signed by the parties hereto. The four (4) shifts 9:00 p.m. to 7:30 a.m., 19 6:00 a.m. to 4:30 p.m., 11:00 a.m. to 9:30 p.m., 4:00 p.m. to 2:30 a.m. (thirty (30) minutes of which is a meal break) for employees assigned to uniform patrol activities. As determined by the Chief, shifts for some or all employees assigned to the Criminal Investigation Division may consist of four (4) 10 hour shifts per week or five (5) 8 hour shifts per week (from 8:00 a.m. to 5:00 p.m. (one (1) hour of which is a meal break)). The Chief may alter the duty hours and work schedule if the Chief notifies the Union in writing at least thirty 30 calendar days prior to the proposed change. Duty hours and work schedules may also be altered without the notice requirement by mutual agreement between the Employer and the Union. In the event of an emergency, duty hours and work schedules may be altered at the sole discretion of the Chief. Section 2. The Chief may set a temporary work schedule or change duty hours for sergeants assigned to the uniform patrol division, not to exceed two (2) hours prior to their regularly assigned shift, for such reasons related to shift and report preparation. Section 3. Employees assigned to the below listed specialized units may have flexible schedules and duty hours to accommodate the needs of the community or to accomplish specific tasks related to their assignment. However, employees will not be required to work split shifts. The Employer shall advise employees of this flexibility upon application to said units and employee agreement shall be a condition of acceptance into said units. Employees currently assigned to such units shall be given the opportunity to acknowledge acceptance. The designated specialized units include: Community Oriented Policing, Police -Community Relations, Special Assignments Unit, Auto Theft Task Force, K-9 Unit, Street Crimes Unit, Traffic Unit and Narcotics and Vice Unit. If an employee is called out, the Employer agrees not to reduce the employee's hours for the purposes of avoiding the payment of overtime. Section 4. Any employee who is assigned to work a ten-hour shift and attends a school or any other city business during his regular shift shall be paid for 10 hours at the hourly Rz61 rate of pay. An employee who is assigned to work an eight-hour shift and attends a school or any other city business during his regular shift shall be paid for 8 hours at the hourly rate of pay. ARTICLE 14 SHIFT EXCHANGE Section 1. No employee will be forced to change shifts on a rotation basis. Section 2. Employees shall have the right to exchange shifts temporarily no more than six (6) times per calendar year when the exchange does not interfere with the operation of the Department, and with permission of their respective commanding officers. Section 3. This article is not intended to curtail the right of staff officers to change the shifts of individual employees insofar as it involves matters of individual work performance. Section 4. Recognizing that zone assignments may require the assessment of a number of factors that may vary depending upon the particular zone involved, the Employer maintains the right to make all assignments in accordance with its determination of what is in the best interest of the Department. In making such assignments, consideration shall be given to preferences of employees based upon seniority. Should an employee feel that a misapplication of this provision has occurred, the employee may file an informational complaint with the Union Grievance Committee for review. Should the committee concur with the employee, the union shall forward the complaint to the Chief and the City Manager for their review and information. Section 5. Except in the case of an emergency, or unless operational circumstances require otherwise, job vacancies will be brought to the attention of employees so that those interested in a vacant position may express their interest to the Division 21 1 Commander who is responsible for selection. Notice of vacant positions will be in the form of a staff memorandum or email to all staff officers. Each staff officer will make a reasonable effort to assure that all eligible employees under his command are aware of the vacancy. Employees who are interested in a vacant position should contact the appropriate Division Commander in writing. Before the vacancy is filled, employees will be allowed a reasonable amount of time to apply. Skills, knowledge, abilities, training, previous experience and seniority shall be considered by the Employer. Although not subject to the grievance procedure, should an employee feel that a misapplication of this provision has occurred, the employee_may file a sworn complaint with the Chief. ARTICLE 15 CLOTHING Section 1. All uniforms, five (5) uniform shirts and five (5) uniform pants, protective clothing or protective devices, hats, jackets, raincoats, and all leather and web gear except holsters and footwear now provided employees shall be furnished without cost to the employees by the Employer. Section 2. If the Employer orders employees to purchase leather and web gear different from what they are wearing as of the effective date -of this Agreement, the Employer shall reimburse the employee or supply the leather and web gear. Section 3. The Employer shall repair or replace all uniforms and reasonable personal equipment lost or damaged in the line of duty by employees. Section 4. Each plainclothes employee shall receive a clothing allowance of $67 per month. 22 Section 5. Each employee shall receive a clothing maintenance allowance of $25.00 per month. Section 6. Each newly appointed employee may submit an advance request in an amount up to $800 for the purchase of a new protective/ballistic vest. An employee may submit an advance request in an amount up to $800 for the purchase of a new protective/ballistic vest if his vest is over five (5) years old. The advance is in the form of an invoice from a vendor evidencing an order placed for a new protective/ballistic vest and an accompanying affidavit. After the effective date of this Agreement, all officers who request an advance under this section for the purchase of a new protective/ballistic vest shall be required to wear the vest when on duty and in uniform, unless exempted by the Chief. Additionally, in special circumstances that may involve officer safety, the Chief reserves the right to require any reimbursed officers, whether plain -clothed on duty or off duty in uniform, to wear their vest while performing police -related duties. 23 ARTICLE 16 LEAVE Section 1. Vacation. A. Full-time regular employees shall accumulate vacation in accordance with the following schedule: Completed Years of Continuous Sworn Service After 1 year After 5 years After 8 years After 11 years After 14 years After 17 years After 20 years After 23 years After 26 years After 29 years After 32 years After 35 years Accumulated Hours Per Pay Period 3.08 4.62 5 5.5 6 6.5 7 7.5 8 8.5 9 9.23 Any employee who is assigned to work a ten-hour shift and is off on vacation leave shall be charged 10 hours of vacation leave. Any employee who is assigned to work an eight-hour shift and is off on vacation leave shall be charged 8 hours of vacation leave. B. Employees with nine (9) years or more continuous sworn service who do not 24 use more than forty (40) hours of sick leave in a calendar year and who work an eight- hour shift, will have eight (8) hours of vacation leave added to their normally accrued vacation leave. Employees with nine (9) years or more continuous sworn service who do not use more than forty_(40) hours of sick leave in a calendar year and who work a ten-hour shift, will have ten (10) hours of vacation leave added to their normally accrued vacation leave. C. In computing the length of time during which an employee may be absent from work for vacation, only those calendar days during which the employee would be required to work if the employee were not on vacation shall be counted as vacation M D. Any employee with more than one (1) year's service as a commissioned police officer with the Department who is separated from service by reason of resignation, death, retirement, or discharge shall be compensated in cash for all accumulated unused vacation hours at the hourly_rate of pay at the time of separation. E. Vacation leave begins to accrue upon employment, but may not be used by an employee until that employee has completed one (1) year of service with the Employer. F. Vacation hours accrued in a calendar year will be available to be used on January 1St of the following calendar year. G. An employee shall be able to carry over a maximum of one hundred and sixty (160) hours of vacation leave into the next calendar year. Section 2. Sick Leave. A. Employees shall accrue ten (10) hours of sick leave for each month of service 25 during the calendar year. B. Any employee who is assigned to work a ten-hour shift and is off on sick leave shall be charged 10 hours of sick leave. Any employee who is assigned to work an eight-hour shift and is off on sick leave shall be charged 8 hours of sick leave. C. Any employee incurring a non -duty sickness or disability shall be eligible to use their accrued sick leave with full pay. D. Each employee shall accumulate sick leave from their first day of employment and shall continue to do so as long as they are employed. E. The Employer shall provide injury leaves of absence with full pay for periods of time commensurate with the nature of injuries received while in line of duty for at least one (1) year. At the expiration of said one (1) year period, the City Council or governing body may extend such injury leave at full pay, reduced pay, or leave without pay. The Employer shall retain its subrogation rights under existing state law. F. In the event that an employee with two (2) or more years of service for any reason leaves the classified service, they shall receive, in a lump sum payment, the full amount of their salary for the period of accumulated sick leave, provided that such payment shall not be based upon more than seven hundred twenty (720) hours of accumulated sick leave. G. An employee who retires may elect to have the compensation associated with accrued vacation and sick leave applied towards payment of the employee's share of costs associated with the employee's retirement health insurance. H. The Chief may not discipline an employee for the legitimate use of sick leave without just cause. 26 Section 3. Death in Family Leave. In the event of a death in the immediate family of an employee, the employee shall be granted up to forty (40) work hours off with pay. Immediate family is defined as the spouse and children of the employee, the mother, father, brother, sister,, grandmother and grandfather of the employee or those of the employee's spouse, grandchildren of the employee, stepparents, and any domiciliary residing in the residence of the employee. Section 4. Leave Without Pay. With the permission of the Chief, each employee may be allowed a leave of absence without pay, up to eighteen (18) work weeks. Section 5. Personal Leave. Employees will earn eight (8) hours if they are assigned to an eight (8) hour shift and ten (10) hours if they are assigned to a ten (10) hour shift of personal leave for each calendar quarter of perfect attendance. In reference to personal leave only, use of any sick leave shall constitute non-attendance. The employee may use such leave for any purpose subject to the advance approval of the employee's commanding officer. The employee may not carry across contract or fiscal years more than forty (40) hours. An employee may not accrue more than sixty (60) hours of personal leave at any given time. Section 6. Family and Medical Leave Act. The Family and Medical Leave Policy set out in the City of Beaumont Policies and Procedures Manual shall apply to employees in the Department. 2'7 ARTICLE 17 HOLIDAYS Section 1. The following holidays shall be recognized and observed: New Year's Day Labor Day Good Friday Easter Sunday Thanksgiving Day Day after Thanksgiving Memorial Day Christmas Day Independence Day A "floating" holiday is hereby granted to every employee during the fiscal year; scheduling of time off must be approved by the Chief or the Chief's designee. Holiday pay for employees assigned to work ten-hour shifts is defined as 10 hours pay at the employee's hourly rate of pay. Holiday pay for employees assigned to work eight-hour shifts is defined as 8 hours pay at the employee's hourly rate of pay. Section 2. Any employee who works on a holiday in a regular tour of duty shall be paid a premium rate of twice the employee's hourly rate of pay in addition to holiday pay. Any employee who takes off or is required to take off on a holiday that is in a regular tour of duty shall receive eight (8) hours of holiday pay if the employee is assigned to work an eight-hour shift, or ten (10) hours of holiday pay if the employee is assigned to work a ten-hour shift. Section 3. Any employee who is required to work on a holiday not within the employee's regular tour of duty shall be paid at time and one-half the employee's regular rate for that day in addition to hourly pay and in addition to holiday pay. Section 4. If any holiday specified in Article 17, Section 1, of the Agreement is on an employee's regular day off and said employee does not work on said holiday, the employee shall receive eight (8) hours or ten (10) hours off with pay or eight (8) hours or ten (10) hours pay, based on the employee's regular tour of duty. If a holiday specified in Article 17 of the Agreement falls during an employee's vacation, said holiday shall not be charged to said employee's vacation leave. Section 5. The Chief may designate which employees are essential and adjust work schedules during holidays to avoid requiring unneeded personnel having to work during a designated holiday. Section 6. The "call back pay" provisions of this Agreement shall not apply to this Article. Section 7. An officer shall not be eligible to receive holiday pay if the officer is on leave without pay or absent without leave. ARTICLE 18 Section 1. Wages and Rates of Pay. The Employer will adopt the wage schedule attached as Appendix "A" based on continuous years of sworn service. In regard to continuous years of sworn service, the Employer agrees that benefits, wages, rates of pay or leave accrual currently received by an employee hired or rehired prior to the execution of this agreement shall not be reduced. 29 Appendix A reflects the following cost of living adjustments for each Grade and Step: 3.0% COLA for FY 2013-2019 3.0% COLA for FY 2019-2020 3.5% COLA for FY 2020-2021 4.0% COLA for FY 2021-2022 In the event a position of Assistant Chief is created, an officer appointed to the position of Assistant Chief shall be paid no less than ten percent (10%) above a Grade IV with 5 or more years of service. This provision does not require the Employer to create or maintain the position of Assistant Chief. Section 2. Certification Pay. In addition to the wage rates established by this Agreement, the Employer shall pay premium pay as follows for the following: 30 To the holder of an intermediate certificate issued by the Texas $50 per month 1. Law Enforcement Commission on standards and education. 2. To the holder of an advance certificate (the holder of an $100 per month advance certificate shall not be entitled to the premium pay of $50.00 per month as the holder of an intermediate certificate). 3. To the holder of a master certificate (the holder of a master $150 per month certificate shall not be entitled to the premium pay of $100.00 per month as the holder of an advanced certificate). 4. Licensed breathalyzer operator in patrol (if the employee is $50 per month engaged as a breathalyzer operator. No more than 30 employees shall be entitled to premium pay as breathalyzer operators and no more than 5 employees, who are not already receiving breathalyzer operator premium pay, are entitled to premium pay as a Drug Recognition Experts(DRE) during the term of this Agreement) 5. Licensed polygraph examiner (if actively engaged during the $50 per month term of this Agreement as a polygraph operator). 30 6. Any employee qualifying as an expert latent fingerprint witness $40 per month and who is assigned to the identification bureau 7. Field Training Officers and the Field Training Officer (FTO) $100 per month Sergeants assigned to each patrol shift 8. Bilingual officer (must pass proficiency certification and re- certify at least every two [2] years) Spanish, Vietnamese, or Sign Language $50 per month Maximum payment is $50 per month 20 Maximum officers for Spanish 5 Maximum officers for Vietnamese or Sign Language 9. SWAT Team Members $25 per month Section 3. Educational Incentive. In lieu of receiving certification pay (1, 2, or 3) in Section 2 above, an employee with a bachelor's degree may elect to receive an educational incentive of $200 per month or $250 per month for a post graduate degree. Section 4. Emergency Management Coordinator and Assistant Emergency Management Coordinator. If the Emergency Management Coordinator and/or the Assistant Emergency Management Coordinator is a police officer he or she shall be paid an incentive set by the City Manager. Section 5. Supervisory Training Incentive. In addition to the wage rate established by this Agreement, the Employer shall pay a one-time bonus of $750 to any sergeant, lieutenant or captain who successfully completed the Law Enforcement Management Institute of Texas (LEMIT), Southern Police Institute (SPI) or FBI National Academy after October 1, 1997. 31 Section 6. Police Specialist Incentive. Grade I officers with three (3) or more years of continuous sworn service with the Department shall be eligible to compete for advancement to Police Specialist. Police Specialist is not a rank or classification under Chapter 143 or this Agreement, but a non -supervisory position within the Grade I classification and rank designed to recognize employees with superior skills, initiative, education, and knowledge of police work. A. The Employer shall follow Chapter 143 only in regard to posting a notice of the written examination and a list of any study materials needed to prepare for the examination. The written examination shall be designed to test the knowledge of Grade I officers in such areas as patrol skills, initiative, criminal laws and procedures, preparing reports and related documents, Department rules and regulations, city ordinances and other job-related areas. This written examination is not a "civil service" examination requiring a civil service certification. The written examination shall be based upon a maximum score of one hundred (100) points. A passing score will be seventy percent (70%). B. Employees in Grade I who are selected to become Police Specialists will receive incentive pay of $200 per month. C. The Chief may select in his discretion any employee who is a Police Specialist to be assigned to or reassigned from the Criminal Investigation Division or Narcotics Division as a criminal investigator. Such assignments as a criminal investigator shall be on a voluntary basis only. Any officer who is designated as a Police Specialist from an eligibility list certified after the effective date of this Agreement may be assigned as a criminal investigator at the discretion of the Chief. Such employees shall not receive Grade II pay. If a vacancy occurs in the Criminal Investigation Division the Chief may select any applying Grade I officer for the position. 32 D. The Chief may remove for just cause the Police Specialist designation of any employee who is designated a Police Specialist. The employee may grieve the removal pursuant to Article 9 of this Agreement. E. Between October 1, 2018 and September 30, 2022, the Employer shall maintain and fill at least thirty-five (35) Police Specialist positions. F. Seniority points will be added to the written test score for each year of service as a Beaumont police officer up to 10 years to determine a final eligibility score. The eligibility list shall expire after 12 months from the date of the written examination, or when exhausted, whichever occurs first. Any eligibility lists pertaining to this Section created prior to this Agreement and in existence at the time of this Agreement shall be governed by the Collective Bargaining Agreement dated October 1, 2014 thru September 30, 2018. Section 7. Direct Deposit. The Employer shall have the right to require that payroll payments to all employees be made by direct bank deposits. ARTICLE 19 SHIFT DIFFERENTIAL Effective October 1, 2014, shift differential will be paid as follows: 1 st Watch $.45 per hour 2nd Watch $.00 per hour 3rd Watch $.25 per hour 4th Watch $.35 per hour 33 ARTICLE 20 OVERTIME, CALL-BACK AND STAND-BY PAY Section 1. "Hourly rate of pay" shall be an employee's annual salary divided by 2080 hours. Section 2. Overtime Pay. A. All hours worked_by an employee in excess of forty (40) hours in a work week shall be deemed overtime and shall be compensated on the basis of time and one-half the employee's regular rate of pay in salary or compensatory time. Excused absences with pay shall be deemed hours worked. For the purpose of calculating overtime, an employee's regular rate for a particular work week is the sum of (a) the employee's hourly rate of pay multiplied by all hours worked and (b) the attributable portion of the employee's premium pay (calculated by multiplying the employee's total monthly incentive under this Agreement by 12 months and dividing by 52 weeks), divided by the total number of hours worked by the employee during the work week. As overtime pay the employee shall receive an additional one-half of the employee's regular rate for each hour worked in excess of forty (40) hours in a work week. B. No schedules, tours of duty or days off shall be changed in order specifically to avoid the payment of overtime. C. If an employee performs police duties on off-duty hours, the employee is entitled to overtime compensation at one and one-half the regular rate of pay for time actually spent. An employee shall be entitled to insurance coverage that the employee would have had if on duty at the time. In addition, the employee shall be entitled to any reasonable expenses incurred in performing such duty if approved by the Chief. Should the Chief deny the claim, the employee may grieve pursuant to the Grievance Procedure. This section shall not apply to any employee who receives remuneration of 34 any type from any other employer for performing such duties. This section applies only to inadvertent disruptions of an employee's off-duty time. Section 3. Call Back Pay. All employees who are called back to work from off-duty shall be paid at least two (2) hours minimum one and one-half times the regular rate of pay. All hours in excess of two (2) hours shall be paid at one and one-half times the regular rate of pay. Section 4. Stand-by Pay. When an employee is on officially designated stand-by duty and such designation is made at least forty-eight (48) hours prior the commencement of that duty, the employee shall receive one (1) hour of pay (at straight time) for eight (8) hours of duty or any fraction thereof. If the assignment is made within forty-eight (48) hours of the commencement of the duty, the employee shall receive two (2) hours of straight pay for eight (8) hours, or ten (10) hours, respectively, of duty or any fraction thereof. Section 5. Court Time. Any employee not on duty who attends as a witness or in any other capacity in the performance of their duty in a criminal matter or in a civil matter in any case pending in the District Court, Juvenile Court or in a County Court, or before any Grand Jury proceedings or in conferences with the District Attorney or Assistant District Attorney, or at any pre-trial conference or any other related hearings, or any proceedings by any City, County, Town, State or Federal government or any of the subdivisions or agencies thereof, shall be entitled to two (2) hours minimum overtime compensation at the rate of time and one-half the regular rate of pay. On those occasions when employees are scheduled to work between the hours of 3:00 p.m. to 7:30 a.m., and they are in Court for eight (8) hours the same day, they may, with the permission of their shift commander, notify the Department that they are waiving their court pay and not going to work their shift. Conversely, they may choose to accept the court pay and report for work. This provision shall not apply to those employees who attend court during their regularly scheduled work hours. 35 Section 6. Evacuation/Disaster Policy. Unless it creates a lesser benefit, the Employer shall apply the same policy for evacuation/disaster policy for non -sworn employees to sworn police officers. Section 7. Compensatory Time. All employees shall be allowed to accumulate and accrue up to 240 hours of compensatory time in lieu of overtime pay. ARTICLE 21 LONGEVITY PAY In addition to all other monies paid for services rendered, the Employer agrees to pay each employee the sum of Four and No/100 Dollars ($4.00) per month longevity pay for each consecutive year of service in the department up to and including twenty-five (25) years of service. ARTICLE 22 INSURANCE Section 1. The Employer shall provide basic life and accidental death and dismemberment insurance to all employees equal to the employee's annual base salary up to a maximum of $50,000 at no cost to employee. Section 2. Liability Protection. The Employer shall not reduce during the term of this Agreement liability protection as is presently afforded employees by the Employer. In the event that employees are not covered by liability protection when driving prisoners' vehicles, the Employer will not require employees to drive such vehicles. Section 3. Medical Plan. 36 A. Employees shall be offered the same medical insurance plan choices as provided to civilian employees except in -network major medical benefits shall not be less than 80/20 and out -of -network major medical benefits shall not be less than 70/30. During the term of this Agreement, the City may increase the monthly premium rate of officers by the same percentage increase of the monthly premium rate of non - sworn employees in a plan year, not to exceed twelve -and -one-half percent (12.5%) per plan year. Married couples who are both covered by the city insurance and who have no dependents will not be charged any dependent premium. Married couples with one or more dependents shall be charged only one time for the increase. The Employer shall give notice to the Union at least forty-five (45) calendar days in advance of any cost increase in dependent insurance premiums. The Union shall be entitled to examine all documents, records, statistics, and relevant data used by the Employer to determine a rate increase. B. Employees may utilize the prescription drug plan under the same terms and conditions as civilian employees. Section 4. Retiree Medical Insurance Program. A. During the term of this Agreement, Employer will provide medical coverage for employees and their dependents retiring or becoming disabled after April 1, 1984, subject to the provisions of Sections 4(B) through 4(H) hereof inclusive. B. Employer is authorized to receive from each retiree, as a condition of receiving retiree medical coverage, a signed statement acknowledging that both the contribution rate (premium) and hospital/medical coverage of the retiree insurance may change in the future. 37 C. Retired or disabled employees may participate in the program only if they are eligible for retirement or disability benefits under the Texas Municipal Retirement System (TMRS). Only those individuals who are considered eligible dependents of the disabled/retired employee at the time of retirement shall be eligible for continued medical coverage. The disabled/retired employees shall not add or change (except drop a dependent while covered under this medical plan. Any employee who retires or becomes disabled and has a spouse who is employed with the City may become a dependent of the spouse along with other eligible dependents under the Employer's group medical plan. However, the retired or disabled employee shall make application at least thirty-one (31) days prior to the spouse's termination date to the Employer to institute his/her eligibility for retiree coverage. The spouse and eligible dependents will be allowed to become dependents of the retiree in accordance with the provisions of this amendment. Upon retirement, the retiree will be required to complete and sign a "Delayed Participation in Retiree Medical Coverage" form. If a participant's contribution rate status as set out in 4(G) hereof changes, the new rate will be put into effect on the first day of the month following the month in which the contribution rate status change. D. Coverage provided shall be the same as that provided employees. However, if the Employer, the Union and retirees and disabled employees and their dependents agree, alternative medical insurance programs at different rates and at different levels of coverage may be provided. E. Retired or disabled employees and their dependents participating in the plan created herein are required on or before age 65, if eligible, to enroll for both Part A, Hospital Insurance, and Part B, Supplementary Medical Insurance, under the U.S. M Government Medicare Program. Upon qualification for the Medicare Program, the participant will be excluded from the program herein established. If a participant is not eligible for Medicare, the participant may continue coverage under this medical plan. Failure to become a subscriber as required herein will result in the participant's immediate exclusion from the program herein established. Eligible dependent children may continue coverage under this medical plan after their parents are no longer eligible in accordance with the definition of dependent as listed in the summary plan document. F. A participant who would otherwise be required to leave the program herein established as provided by 4(E) above may remain on the program if supplemental Medicare insurance without proof of insurability is not available at that time. Such participants must, however, leave the program when such supplemental Medicare insurance for which they are qualified is available. Employer will make its best efforts to obtain and provide information to retirees concerning the availability of such supplemental insurance. The cost of any such supplemental insurance will be paid for by the participant. G. The participant's monthly contribution rate for medical insurance will be as follows: Single Rate-- $150 Single + 1 dependent-- $200 Family-- $250 Those participants who retired between the dates of April 1, 1984 and January 31, 1992, shall pay the rates listed above and shall have no increase in contributions until such time as they leave the plan. H. Those who retired on or after February 1, 1992, may be subject to an annual increase in contribution. The increase will be effected in accordance with this Agreement. The single rate will be established at 69% of the COBRA rate on January 39 1st annually. The single + 1 dependent rate will be established at 58% of the COBRA rate and the family rate will be established at 54% of the COBRA rate. Subject to paragraph 4(E) hereof, eligible spouses and dependents may remain on the plan at the above -established rates. Section 5. Dental Insurance. The Employer shall provide dental insurance coverage through the CLEAT Benefit Trust for each employee at a maximum monthly cost of $35. If the employee elects to add dependents to the dental insurance, the Employer shall pay a maximum monthly cost of $61 for both the employee and eligible dependents. Each employee shall pay any additional cost. The Employer shall deduct the employee's cost from the employee's paycheck. Plan II of the CLEAT Benefit Trust includes employee and family dental insurance coverage. In addition, the trust plan provides accidental death and dismemberment insurance coverage for the employee and the employee's family, and a blood insurance plan that covers the employee and the employee's family. The trust document and plan benefits will be provided to the Union and the Employer, and to any employee upon request. The Union shall indemnify, defend and hold harmless the Employer from any claim or cause of action brought by any employee or affected family member resulting from the operation of this Section. The Employer shall make payments to the CLEAT Benefit Trust on or before the first day of each month. M ARTICLE 23 GENERAL PROVISIONS Section 1. Parking. The Employer shall provide, without cost to employees on duty, adequate parking space adjacent to Police Department facilities. Section 2. Bulletin Boards. The Employer agrees to furnish and install one (1) bulletin board on each of the three (3) floors to be affixed in the first floor hallway, uniform squad assembly room, and detective squad room at the police station to be used by the Union for the following notices: A. Union meetings; B. Union elections; C. Reports of Union committees; D. Rulings or policies of international association; E. Recreational and social affairs of Union. The Union agrees that there shall be no other general distribution, or posting, by the Union or its members upon City property, provided, however, the Chief may permit other material not provided for above at the Chief's discretion to be posted or distributed. The Union agrees to maintain such bulletin boards in a neat and orderly manner. The Association shall be allowed to utilize Department email to disseminate bulletin board information under the same rules and regulations as adopted for bulletin boards. Section 3. Mileage Allowance. Employees required to use their private automobiles for duly authorized Department business shall be compensated at the current Employer rate. If an increase is given to other City employees during the term of this Agreement, the rate stated herein shall be increased accordingly. 41 Section 4. Residency. Residency shall not be a condition of employment for employees; each employee must be a legal resident of the United States and reside within its boundaries. Section 5. Safety Program. In the best interest of the Department and to promote the safety of the employees, patrol cars may be manned by two (2) officers during periods of high criminal activity and in high crime areas. Whenever one (1) officer units are in use, the Employer will use its best efforts to maintain sufficient staffing to provide for employees' safety. Section 6. Retirement Incentive. During the term of this Agreement, the Employer may offer a retirement incentive program with mutual consent of the Union. This shall in no way be construed as a reopening of this Agreement. ARTICLE 24 CIVIL SERVICE In the event that any provision of this Agreement conflicts or is inconsistent with any provision of Chapter 143 of the Local Government Code, this Agreement shall prevail notwithstanding any such provision of the Local Government Code. It is understood by the parties hereto that Section 143.013 of the Local Government Code relating to civil service rights of the Chief shall in no way be affected by the terms of this Agreement. ARTICLE 25 SELECTION/REHIRE Section 1. Entry Level Selection. The Union agrees that the Employer shall have the right to establish selection procedures for Grade I police officers. Modifications in existing selection procedures shall be brought to the attention of the Union ten (10) days prior to implementation. In establishing a selection procedure for Grade I, the Employer 42 shall not be bound by or subject to the provisions of Chapter 143 of the Local Government Code. Section 2. Rehire of Former Officers. The City, at its option, may rehire former Beaumont police officers who separated from the Department in good standing. The City may rehire an officer at the pay grade that accords with his/her years of service at the time of separation. However, the following conditions will apply to the rehired officer: • The officer will serve a new probationary period of 1.2 months. • The officer will not be accorded his/her previous seniority or promotions, if any. • The officer will accrue leave at the same rate that accords with his/her years of service at the time of separation. • The officer will earn longevity pay at the same rate that accords with his/her years of service at the time of separation. ARTICLE 26 COPIES OF AGREEMENT The Employer agrees to furnish a copy of this Agreement to the Union President. ARTICLE 27 STABILITY OF AGREEMENT No agreement, understanding, alteration or variation of this Agreement, shall bind the parties unless made and executed in writing by the parties hereto. The failure of the Employer or the Union to insist in any one or more instance, upon performance of any of the terms or conditions of this Agreement, shall not be considered as a waiver or relinquishment of the right of the Employer or the Union to future performance of any such term or condition, and the obligations of the Employer and the Union to such future performance shall continue in full force and effect. ARTICLE 28 POLICE OFFICERS' BILL OF RIGHTS In the event of a complaint filed with Internal Affairs concerning the conduct of an employee, this Bill of Rights shall serve as the basic guideline to offer protection to the employee. Every employee shall be required to cooperate in any investigation regarding complaints of employee misconduct arising from citizen complaints. Section 1. Procedures. A. The interrogation shall be conducted at a reasonable hour. B. The interrogation should take place at the Department when possible. C. The employee under interrogation shall be informed of the names of the persons present during interrogation. D. All questions directed to the employee under interrogation shall be asked in an orderly fashion. E. Interrogation sessions shall be for reasonable periods and shall be timed to allow for such necessities and rest periods as reasonably necessary. F. If the employee under interrogation is under arrest, or is likely to be placed under arrest as a result of the interrogation, he shall be informed of his rights prior to the commencement of the interrogation. G. The Chief or the Chief's designee may employ as an investigative aid a polygraph examination from licensed polygraph examiners who are not employed by the Employer nor any public employer. This Agreement shall not preclude the use of polygraph examination results as evidence in a disciplinary proceeding. The Department shall require the complaining citizen to first submit to a polygraph examination before requiring the employee to submit to a polygraph examination. Nothing herein prohibits the Chief from ordering an employee to submit to a polygraph examination where there is no complaining citizen. This Agreement shall not preclude the admission of such information as evidence in a disciplinary proceeding. H. The Chief or the Chief's designee shall use the polygraph examination in a fair and reasonable manner. I. The refusal of the employee to answer all questions fully and truthfully and to submit reports shall be grounds for disciplinary action. J. An employee may have a Union representative with them as an observer only so long as the representative does not delay or impede the investigation. The observer may not relay any information obtained as a representative to any third person except to a lawyer retained by the employee to represent them in the grievance. Section 2. Disclosure. No employee shall be required or requested to disclose any item of property, income, assets, source of income, debts, or personal or domestic expenditures (including those of any member of his family or household) unless required by law. Nothing in this section shall be construed to prohibit the Chief or the Chief's designee from requiring that employees submit requests for approval of off-duty employment. Section 3. Rules and Regulations. If the investigation or interrogation of the employee results in any disciplinary action, the Employer shall follow the Department's Rules and Regulations. Effective upon effective date of this Agreement and subject to the Records Retention Act, only sustained formal complaints filed after the effective date of this Agreement shall be retained by the Employer in the employee's personnel file and Internal Affairs file. 45 ARTICLE 29 IMPASSE PROCEDURE Section 1. In the event that an impasse, as defined in Chapter 174, Local Government Code (herein referred to as the "Act"), is reached in the collective bargaining process after submission of the unresolved issues to mediation under Section 174.151 of the Act, either party to the dispute, after written notice to the other party containing specifications of the issues in dispute, may request appointment of a fact finder as provided herein; provided, however, a party shall not request a fact finding more than once during any fiscal year. Prior to invoking fact finding, the parties shall make every reasonable effort to settle their differences. The request for fact-finding shall be initiated within seven (7) calendar days following the expiration of the sixty (60) calendar day pre -impasse period or within seven (7) calendar days of any agreed extension thereof. The members of the fact-finding panel shall be appointed in the manner provided in Section 174.154 of the Act for an arbitration panel. Section 2. The parties shall enter into a written agreement specifying the issues to be submitted to fact finding. Each party may submit an unlimited number of issues to the fact finding panel; provided, however, that all economic issues (i.e., those issues involving cost or expense to the Employer) shall be combined into a "total economic package" and shall be submitted as a single issue. Non -economic issues may be submitted separately. Each party shall submit in writing to the fact finders its position on each issue at or prior to the hearing. Section 3. The fact finding panel shall, acting through its chairperson, call a hearing to be held within a reasonable time after appointment of the chair, and shall give the parties at least fifteen (15) calendar days notice in writing of the time and place of such hearing. The hearing shall be informal. After hearing all evidence offered by the parties, the panel shall render a written decision making findings of fact and recommendations as to all matters in dispute. In its written decision, the panel shall state its reasons for its finding of fact and recommendations. In making such findings and recommendations, the panel shall select the final position of one of the parties on each issue presented and shall not attempt to "split the difference." Section 4. In making its findings of fact and recommendations, the panel shall consider only the following: A. The total compensation, including wages and benefits, and conditions of employment provided by the Employer to members of the bargaining unit. B. The total compensation and terms and conditions of employment of police officers employed by Texas cities with populations between 75,000 and 150,000 according to the 2010 Federal decennial census. C. The rate of increase or decrease in the cost of living for the Houston area determined by the Consumer Price Index for the period beginning with the effective date of the current contract and ending with the most recent published report at the time of the commencement of the hearing. D. The revenues available to the Employer and the demands upon such revenues. E. Any current Federal policies or guidelines concerning wages and other compensation. F. Labor agreements from the Texas cities defined by "B" above. Section 5. The fee and expenses, including stenographic charges, of the neutral fact finder shall be split equally between the Employer and the Union. All other expenses, 47 including copies of transcripts, witness fees, and fees and expenses of the member of the panel appointed by each party, shall be paid by the party incurring the expense. Section 6. The findings and recommendations of the fact finder shall not be made public for fifteen (15) calendar days, unless extended by mutual agreement in writing. Once the findings and recommendations are released to the public, the parties shall have seven (7) calendar days to either accept or reject the findings and recommendations. Section 7. In the event that either party rejects one or more recommendations of the fact finding panel, the rejected party may request submission of each rejected recommendation to a referendum; provided, however, that neither party may request submission to referendum of more than three (3) non -economic issues. If either party requests a referendum hereunder, it shall be the duty of the City Council to call such referendum at the earliest date permitted by law. The cost to the Employer of conducting the referendum shall be borne on a pro rata basis based on issues by the party or parties requesting that the issues be submitted to referendum. The City Clerk's determination of the cost of the election shall be conclusive. Each issue shall be submitted separately on the ballot and the voters shall cast their ballots "for" or "against" the position of the party rejecting the fact-finding panel's recommendation. The results of the referendum shall be binding on the parties. The conduct of the election shall be handled in an efficient manner. ARTICLE 30 RETIREMENT The Employer agrees not to decrease the matching ratio or any other benefit under the Texas Municipal Retirement System (TMRS) during the term of this Agreement. ME The Employer agrees to maintain the CPI annuity at no less than seventy percent (70%). ARTICLE 31 DURATION OF AGREEMENT This Agreement shall be effective upon execution by both parties -and shall remain in full force and effect until the 30th day of September, 2022. This Agreement shall continue in effect after September 30, 2022, until superseded by a new agreement; provided that, unless agreed to in writing by the parties, this Agreement shall not continue in effect after September 30, 2023. The City presently intends to continue this Agreement each fiscal year through the end of its term, to pay all payments due, and to fully and promptly perform all of the obligations of the City under this Agreement. All obligations of the City shall be paid only out of current revenues or any other funds lawfully available therefor and appropriated for such purpose by the City Council, in compliance with the Texas Constitution, Article XI, Sections 5 and 7. ARTICLE 32 SAVINGS CLAUSE Should any provision of the Agreement or any supplement thereto be held invalid by any court or tribunal of competent jurisdiction, or if compliance with or enforcement of any such provisions of the Agreement and any supplement thereto should be restrained by any court, all other provisions of the Agreement and any amendment thereto shall remain in force and the parties shall negotiate immediately for a satisfactory replacement for any such provision. IN WITNESS WHEREOF, the Beaumont Police Officers Association has caused this Agreement to be signed by its President, by order of its membership, and the City of Beaumont has caused this Agreement to be signed by its City Manager on the day of )2018. BEAUMONT POLICE OFFICERS CITY OF BEAUMONT ASSOCIATION President Witness 50 City Manager Witness APPENDIX A ARTICLE 18 - SCHEDULE OF WAGES 10/16/2018 10/112019 10/l/2020 10/l/2021 GRADE I - POLICE OFFICER Start - 2 4,992 5,142 5,322 5,535 2-3 51151 5,306 5,491 5,711 3-4 5,312 5,471 5,663 5,889 4-5 5,465 5,629 5,826 6,059 5-8 5,628 5,797 6,000 6,240 8-10 5,736 5,908 6,115 6,360 10-12 5,908 6,085 6,298 6,550 12-15 6,028 6,208 6,426 6,683 15-20 6,212 6,398 6,622 6,887 20+ 6,399 6,591 6,822 7,095 GRADE II - SERGEANT 0-5 6,992 7,201 7,453 7,752 5-10 7,360 7,581 7,847 8,160 10+ 7,505 7,730 8,000 8,320 GRADE III - LIEUTENANT 0-5 7,927 8,165 8,450 8,788 5+ 8,088 8,330 8,622 8,967 GRADE IV - CAPTAIN 0-5 8,594 8,852 9,162 9,528 5+ 8,767 9,030 9,346 9,720 51 2 October 16, 2018 Consider a resolution authorizing the City Manager to execute Change Order No. 6 for the Washington Boulevard Pavement Widening Phase II Project (Corporate Drive to Amarillo Street) TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: October 16, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 6 for the Washington Boulevard Pavement Widening Phase II Project (Corporate Drive to Amarillo Street). BACKGROUND On April 25, 2017, by Resolution No. 17-083, City Council awarded a contract to ALLCO, LLC, in the amount of $15,984,397.88 for the Washington Boulevard Pavement Widening Phase II Project (Corporate Drive to Amarillo Street). Previous Change Order Nos. 1-5, in the amount of $170,863.46, resulted in an increase to the original contract amount making the new contract amount $16,155,261.34. Proposed Change Order No. 6, in the amount of $215,144.90, is required to adjust bid items and quantities in the contract for additional sewer work, ground boxes for fiber optics and traffic signals. A total of sixty (60) calendar days would be added to the contract for the additional work. If approved, Change Oder No. 6 will represent an increase of 1.33% to the original contract amount making the new contract amount of $16,370,406.24. FUNDING SOURCE Beaumont Municipal Airport Oil and Gas Revenue. RECOMMENDATION Approval of the resolution. RESOLUTION NO, 18-157 WHEREAS, on April 25, 2017, the City Council of the City of Beaumont, Texas, passed Resolution No. 17-083 awarding a contract in the amount of $15,984,397.88 to Allco, L.L.C., of Beaumont, Texas, for the Washington Boulevard Pavement Widening Phase II (Corporate Drive to Amarillo Street) Project; and, WHEREAS, on August 3, 2017, the City Manager executed Change Order No. 1, in the amount of $9,920.00, to adjust the estimated quantities to reflect the actual quantities used in the completion of the project, thereby increasing the contract amount to $15,994,317.88; and, WHEREAS, on February 6, 2018, the City Council of the City of Beaumont, Texas, passed Resolution No. 18-032 authorizing the City Manager to execute Change Order No. 2, in the amount of $103,893.00, to accommodate design changes necessary to address unforeseen conflicts with the underground utilities and additional curb and driveway improvements required on Executive Boulevard and Corporate Drive, thereby increasing the contract amount to $16,098,210.88; and, WHEREAS, on May 14, 2018, the City Manager executed Change Order No. 3, in the amount of $7,714.55, to adjust the estimated quantities to reflect the actual quantities used in the completion of the project, thereby increasing the contract amount to $16,105,925.43; and, WHEREAS, on June 5, 2018, the City Council of the City of Beaumont, Texas, passed Resolution No. 18-123 authorizing the City Manager to execute Change Order No. 4, in the amount of $16,032.91 to adjust the pipe quantity and size which was not allotted for in the original design and the addition of fourteen (14) calendar days, thereby increasing the contract amount to $16,121,958.34; and, WHEREAS, Change Order No. 5, in the amount of $33,303.00, is necessary to adjust bid items and quantities in the contract to accommodate revisions to the storm sewer system; relocate a 16" waterline; and, twenty-two (22) calendar days will be added to the contract for the work, thereby increasing the contract amount to $16,155,261.34; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 5 for additional work described above, thereby increasing the contract amount by $33,303.00 for a total contract amount of $16,155,261.34 for the Washington Boulevard Pavement Widening Phase II (Corporate Drive to Amarillo Street) Project., with twenty-two calendar days added to the contract for the work. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551, PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of July, 2018. A*b0_(&&Z oai—or Becky Ames - CITY OF BEAUMONT DATE: Octoher9,2018 JORIGINkI, CONTRACT TIME (DAYS): ( 1122 PRO3ECT: Wmhineon TIM-Pb—H OWNERt CITY OF BEAUMONT JADDITIONAL TIME REQUESTED: 60 CONTRACTOR: ALLCO GRANGE ORDERNO.t fi NEW CONTRACTTIME: 1182 !' t L .T�"FOLTiOWJ1'{Gt i sS ?HAA(D:S,TP.a� $PE"s,C 'pAD mi s�gP.�,. p EA -v H , sa#= �• Adjust the wino ed qu kjm to mfW the amaal q%dkim ukd in ctw "Idiot of tM Pmjut Item Ne. W. Code D—iption Unit 0ginal Q—d m Q—till Unit Prke Teta) 340 002 IDENSE GRADED HOT MIX ASPHALT P664-22(TYPE D)(2*) Sy 4358 0 S 30.00 S (70.740.00) 400 002CEM STABIL DKFL(1S SK/CY SAND) CY 17,102 17,039 S $6.00 S (3,654.00) 400 003 CEM STABIL BKFL (2.0 SKlCY SAND) CY 0 11 $ 66.00 S 70620 416 001 IFOUNDATION FOR TRAFFIC SIGNAL (36 INCH DRILL SHAF LF RIO 112 S 230.00 S 460M 463 002RCP 18° LF 527 605 S 31,00 S 2,418.00 464 003 RCP 2<" LF 3,549 3,509 S 35.00 S (1,400.00) 464 005 RCP 36" LF j 1,131 1,753 S 140.00 S (10,920.00) 465 009 JUNCTION BOX (COMPL) (S--o-(Ty B) EA 1 1 2 S 5,975.00 S 5,975.00 502 001 BARRICADES, SIGNS, AND TRAFFIC HANDLINGS MO 37 39 S 7,100.00 S 14200.00 $06 003 TEMP SEDIMENT CONTROL PENCE (INSTALL) LF MOOD 5.000 S 2.50 S (30.)00.00) $42 001 REMOWSTR(ML•TALBBAM GUARD FENCE) LF 180 250 S 730 S 311.00 618 001 2' PVC SCHD 40 CONDUIT(FIBER OPTICS) LF 7.973 8412 S 16.00 S 7,024.00 618 002 6"STEELCASINO(BOREO)(FIBER OPTICS) LF US 151 S 65.00 S 1,495.00 618 004 4 -PVC SCHD 40 CONDUCT(INCE. CEM STAB SAND BKFL) LR OPTICS IF ISO 0 $ 4100 S (6x00.00) 624 002 GROUND BOX (TYPE A)(FIBER OPTICS) EA IS 50 $ 11050.00 S 361750100 6S6 001 PONS FORTRAFFIC SIGNAL DEVICES (24 INCH DRILLS LF 6 Is S 1.050.OD S 12,600.00 697 001 PEDESTAL POLE ASSEMBLY EA 1 0 S 6}00.00 S (6,300.00) 658 001 PEDDL•'TECT(PUSHE714) EA 24 0 S 910.00 5 (21,840.00) 705 001 MANHOLES -RE MOVE&. REPLACE EX ITNG SANITARY SE IIA 11 13 S 1610.00 S 5,220.00 110 002 FURNISH R INSTALL 2'VC CLASS ISO.0.900 PVC WATER LF 20 800 S 15.00 S 11,700.00 4020 OOg i0'HDPBSDR- 17 PIPE BURST SANITARY SEWER MAINS COMPLETE IN PLACE INCLUDING ALL EXCAVATION, V 1,734 186 S 5217 S (91.068.76) 4020 010 FURNISH 611140 IO' SANITARY 111' LRB3S, UTG.¢ING t'.INC VC SDR- ROPLN TRGNCHI OR IF 0 Ali 52 S 152.74 S 7.942A8 4020 011 FURNISH dt INSTALL IS' SANITARY SEWER LINES. UTILIZING 15 -INCH PVC 9DR.26(FOROPEN TRENCH) OR I54NCH SOLID WALL POLYETHYLENE PIPE (HUM PC 3408, ASTM F714 (FOR PIPE BURSTINGICRUSHING) LFi 0 1.926 S 157.34 S 303,036.94 6035 001 LED LIOHTFD STREET SIGNS EA 12 0 $ 21810.00 S (33,720.00) 9999 003 INLET DECK COVERS. INCLUDING EXCAVATION AROUNDBA 0 3 S 11000.00 S 3,000.00 9999 004 JOINT REPAIR (PIPE) S'-45'RCP EA 0 12 S 600.00 S 7200.00 9999 005 PIPE BORE, HICLUDES 24' BARE STEEL CASINO, CASINO S LS 0 1 S 57•,40,00 S 57,140.00 9999 006 10X4 AND 10X6 FITTINGS (PON. 006998) LS 0 1 S 1.559.14 S I•SM14 9999 007 LOWERING MANHOLE RING (48" FIBERGLASS) LS 0 1 S 1150.00 S 2,150.00 TOTAL: S 215,144.90 k} 7 so cF}L>;RDess Ys»»j>�a HT*coirrReck1'aR 'k7 c.oirfDl i, , t y 7r j t s1 Sass 1,�,,a1£w Stan ,.g ORIGINAL CONTRACT AMOUNT: S 15984,397.88 NET FROM PREVIOUS CHANCE ORDERS: S 16,155,261.34 TOTAL AMOUNT OF THIS CHANCE ORDER: S 1 215,144.90 PERCENT OF THIS CHANGE ORDER: 1.33% TOTAL PERCENT CHANGE ORDERTO DATE: 2A I% NEW CONTRACT AMOUNT: S 16,370,406.24 PTED B I ALLCO CONTRA 1 G, INC., DATE REPRESENTATIVE RE:ZL By' A�'— &/gzs LD CROCHET/DAOM ROADWAY DESIGNER - APPROVED BY: KYLE HAYES, CITY MANAGER DATE TINA BROUSSARD, CITY CLERK DATE I RESOLUTION NO. WHEREAS, on April 25, 2017, the City Council of the City of Beaumont, Texas, passed Resolution No. 17-083 awarding a contract in the amount of $15,984,397.88 to Allco, L.L.C., of Beaumont, Texas, for the Washington Boulevard Pavement Widening Phase II (Corporate Drive to Amarillo Street) Project; and, WHEREAS, on August 3, 2017, the City Manager executed Change Order No. 1, in the amount of $9,920.00, to adjust the estimated quantities to reflect the actual quantities used in the completion of the project, thereby increasing the contract amount to $15,994,317.88; and, WHEREAS, on February 6, 2018, the City Council of the City of Beaumont, Texas, passed Resolution No. 18-032 authorizing the City Manager to execute Change Order No. 2, in the amount of $103,893.00, to accommodate design changes necessary to address unforeseen conflicts with the underground utilities and additional curb and driveway improvements required on Executive Boulevard and Corporate Drive, thereby increasing the contract amount to $16,098,210.88; and, WHEREAS, on May 14, 2018, the City Manager executed Change Order No. 3, in the amount of $7,714.55, to adjust the estimated quantities to reflect the actual quantities used in the completion of the project, thereby increasing the contract amount to $16,105,925.43; and, WHEREAS, on June 5, 2018, the City Council of the City of Beaumont, Texas, passed Resolution No. 18-123 authorizing the City Manager to execute Change Order No. 4, in the amount of $16,032.91 to adjust the pipe quantity and size which was not allotted for in the original design and the addition of fourteen (14) calendar days, thereby increasing the contract amount to $16,121,958.34; and, WHEREAS, on July 17, 2018 the City Council of the City of Beaumont, Texas, passed Resolution No. 18-157 authorizing the City Manager to execute Change Order No. 5, in the amount of $33,303.00, to adjust bid items and quantities in the contract to accommodate revisions to the storm sewer system; relocate a 16" waterline; and, twenty-two (22) calendar days will be added to the contract for the work, thereby increasing the contract amount to $16,155,261.34; and, WHEREAS, Change Order No. 6, in the amount of $215,144.90, is necessary to adjust the bid items and quantities in the contract to accommodate for additional sewer work; ground boxes for fiber optics and traffic signals; and, sixty (60) calendar days will be added to the contract for the work, thereby increasing the contract. amount to $16,370,406.24; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 6 for additional work described above, thereby increasing the contract amount by $215,144.90 for a total contract amount of $16,370,406.24 for the Washington Boulevard Pavement Widening Phase II (Corporate Drive to Amarillo Street) Project., with sixty calendar days added to the contract for the work. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of October, 2018. - Mayor Becky Ames - October 16, 2018 Consider a resolution authorizing the City Manager to receive funding through the Department of Homeland Security 2018 Port Security Grant Program TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 16, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to receive funding through the Department of Homeland Security 2018 Port Security Grant Program (PSGP). BACKGROUND The Homeland Security Grant Program consists of many grant programs, one of which is the Port Security Grant Program (PSGP) which has provided funding over the past eighteen years in a nationally coordinated effort to transition radio systems and infrastructure to what is known as Project 25 (P-25) compliance. P25 implements a digital "suite of standards" for radio systems to ensure that any P25 radio can talk to any other P25 radio system regardless of the radio's manufacturer. The 2018 Port Security Grant will be utilized to complete the transition to P-25 compliance for the radio system by updating all the necessary hardware and software. The grant amount to complete this project is estimated to be $3,291,330 with a local match in the amount of $822,832; however, the match is shared between jurisdictions using the system based on the number of subscriber units. Beaumont would be responsible for $275,376. City staff is in the process of requesting a waiver for the local match entirely. FUNDING SOURCE Funds in the amount of $275,400 is budgeted in the Capital Reserve Fund should the waiver be denied. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to receive funding in the amount of $3,291,330.00 through the Department of Homeland Security 2018 Port Security Grant Program (PSGP) BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents necessary to accept grant funding through the Department of Homeland Security 2018 Port Security Grant Program (PSGP) in the amount of $3,291,330.00. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of October, 2018. - Mayor Becky Ames - Pq October 16, 2018 Consider a resolution approving the purchase of a new ambulance box for use in the Emergency Medical Service Division r r� TEXAS TO: City Council FROM: Kyle Hayes, City Manager / PREPARED BY: Todd Simoneaux, Chief Financial Officer �f MEETING DATE: October 16, 2018 REQUESTED ACTION: Council consider a resolution approving the purchase of a new ambulance box for use in the Emergency Medical Service (EMS) Division. BACKGROUND The ambulance box will be purchased from Frazer, Ltd., of Houston, in the amount of $177,200.00. The new box will be mounted on a new chassis, replacing unit 7168, which has exceeded the expected service life. It will be disposed of in accordance with the City's surplus equipment policy. Pricing was obtained through the Houston -Galveston Area Council (HGAC), a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. HGAC complies with State of Texas procurement statutes. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of one (1) Ambulance Box to be mounted on a new chassis for use by the Emergency Medical Services (EMS) Division from Frazer, Ltd., of Houston, Texas, in the amount of $177,200.00 through the Houston -Galveston Area Council (H -GAC) Cooperative Purchasing Program. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of October, 2018. - Mayor Becky Ames - WORK SESSION Review and discuss operations within the Police Department