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Home My WebLink AboutPACKET NOV 13 2018BEAUMONT REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 13, 2018 1:30 PM CONSENT AGENDA Approval of minutes — October 30, 2018 Confirmation of board and commission member appointments A) Approve the purchase of radio system improvements from Motorola Solutions Inc. for use throughout the City B) Approve an annual contract with Bruce's General Construction Inc. for maintenance and repair services for use by the Facilities Maintenance Department C) Authorize the Chief Financial Officer to execute all documents necessary to accept funding from the Texas Department of State Health Services for a Hurricane Recovery Crisis Agreement D) Authorize the Chief Financial Officer to execute all documents necessary to accept funding from the Texas Department of State Health Services for Tuberculosis Prevention Control E) Authorize the City Manager or his designee to execute a Memorandum of Understanding between the Federal Bureau of Investigation Multi -Agency Gang Task Force and the Beaumont Police Department F) Authorize the acceptance of a ten foot wide Exclusive Water Line Easement located at 3475 Crow Road G) Approve a resolution appointing members to the Beaumont Youth Advisory Council H) Authorize the settlement of the lawsuit styled Nyjuma Howard v. City of Beaumont; Cause No. 130,859 n BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer S 3 MEETING DATE: November 13, 2018 REQUESTED ACTION: Council consider a resolution approving the purchase of radio system improvements from Motorola Solutions Inc. for use throughout the City. BACKGROUND Pricing for the proposal was obtained through the Houston -Galveston Area Council (H -GAC) Cooperative Purchasing Program. H -GAC is a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H -GAC complies with the State of Texas procurement statutes. The State of Texas Statewide Communications Interoperability Plan (SCIP) requires Texas agencies to comply with Project 25 (P25) standards by January 1, 2020. Project 25 implements a digital "suite of standards" for radio systems that ensures any P25 radio can talk to any P25 radio system regardless of manufacturer. Our current system is not capable of P25 compliance though we have been working towards that goal for many years. This purchase in the amount of $3,291,329.65 will bring the radio system to full P25 compliance. The project will be funded with the 2018 Port Security Grant Program (PSGP) which requires a 25% match in the amount of $822,832.41. However, this match is shared between jurisdictions using the system based on the number of subscriber units. Beaumont would be responsible for $275,376.14. Council approved receiving 2018 PSGP funding in Resolution 18-256. FUNDING SOURCE 2018 Port Security Grant Program, $275,376.14 in matching funds available in Capital Reserve. 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 shared radio system improvements through the Department of Homeland Security 2018 Port Security Grant Program (PSGP) funding for use by all City Departments from Motorola Solutions, Inc. in the amount of $3,291,329.65 through the Houston -Galveston Area Council (H -GAC) Cooperative Purchasing Program; and, THAT the City of Beaumont, as the grant recipient, is responsible for paying the entirety of the Motorola purchase in the amount of $3,291,329.65 with reimbursement to be made by the participating entities of their portions of the match. 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 13th day of November, 2018. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer'4 MEETING DATE: November 13, 2018 REQUESTED ACTION: Council consider a resolution approving an annual contract with Bruce's General Construction Inc., of Beaumont for maintenance and repair services for use by the Facilities Maintenance Departments. BACKGROUND Bids were requested for an annual contract to provide on demand repair, maintenance, and light construction services as needed. The contract does not include demolition services or projects which are reasonably anticipated to approach or exceed $75,000. Specifications requested hourly labor rates for carpenters, helpers, concrete finishers, equipment operators, and general laborers together with percentages of markup for materials and equipment rentals. Bids were evaluated on a total annual cost based upon estimated labor hours for each skill category and condition. Ten (10) vendors were notified with three vendors responding. The lowest qualified bid was received from Bruce's General Construction, Inc. who holds the current contract. The total estimated bid for the annual contract is $260,200. The total amount spent for this contract in FY 18 was $213,038. FUNDING SOURCE General Fund (40%), Capital Reserve Fund (25%), Capital Program (6%), Solid Waste Fund (10%), Water Utilities Fund (9%), Hurricane Harvey Fund (10%). RECOMMENDATION Approval of the resolution. Bruce's General Construction Inc. Previous FY' Fund Usage Legal(76925565023294)- $9,970 Capital Reserve(61720855046425)- $53,341 Facilities Maint(00124415043215). General Fund- $49,027 Fleet(61820855042215)-$23,110 Capital Projects (51080608016420)- $12,840 Hurricane Harvey( 22724415042025) -$24,215 Clean Community(51150238512215)- $20,575 Water Fund(51080608016425)-$18,700 Misc Exp Trust (72525225024040) -$1,260 RESOLUTION NO. WHEREAS, the City of Beaumont solicited bids for an annual contract for maintenance and repair services as needed by the Facilities Maintenance Division and various City Departments; and, WHEREAS, Bruce's General Construction, Inc., of Beaumont, Texas, submitted a complete bid meeting specifications in the estimated amount of $260,200.00, as shown on Exhibit "A;' attached hereto; and, WHEREAS, the City Council is of the opinion that the bid submitted by Bruce's General Construction, Inc., of Beaumont, Texas, is the lowest responsible bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the award of an annual contract to Bruce's General Construction, Inc., of Beaumont, Texas, in the estimated amount of $260,200.00, as shown on Exhibit "A;' attached hereto, for maintenance and repair services as needed by the Facilities Maintenance Division and various City Departments; and, THAT the City Manager be and he is hereby authorized to execute a contact with Bruce's General Construction, Inc. 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 13th day of November, 2018. - Mayor Becky Ames - BEAUMONT TExAS City of Beaumont, Beaumont, Texas Purchasing Division Bid Tabulation Bid Name: Annual Contract for Repair & Maintenance Services Bid Number: TF1019-01 Bid Opening: Thursday, October 25, 2018 Contact Person: Terry Welch, Senior Buyer terry.welch@beaumonttexas.gov Phone:409-880-3107 Vendor Bruce's,General Const Inc. Marsh Waterproofing Inc. H.B Neild &Sons, Inc City/State Beaumont, Tx Vidor, Tx Beaumont, Tx -Item Est Unit Price Total Unit Price Total Unit Price Total Usage STRAIGHTTIME a "'Arn-',th-tufrj 6Y, Z Carpenter/Sheet 2,000 $40 /hr $80,000 $35 /hr $70,000 $51.05/hr $102,100 metal worker Carpenter Helper 2,000 $15 /hr $30,000 $22 /hr $40,000 $45.05/hr $90,100 Concrete 1,000 $35 /hr $35,000 $35 /hr $35,000 $51.05/hr $51,050 Finisher/Journeyman Concrete Worker 1,000 $15 /hr $15,000 $25 /hr $25,000 $45.05/hr $45,050 Equipment Operator 500 $40 /hr $20,000 $25 /hr $12,500 $51.66/hr $25,830 General Laborer 1,000 $15 /hr $15,000 $22 /hr $22,000 $38.75/hr $38,750 OVERTIME `Uo-P. -7 6- --caiy- nP thru'P,h II:d_qy atur-d Carpenter/Sheet 200 $40 /hr $8,000 $52.50/hr $10,500 $76.58/hr $15,316 metal worker Carpenter Helper 200 $15 /hr $3,000 $33 /hr $6,600 $67.58/hr $13,516 Concrete 200 $35 Ar $7,000 $52.50/hr $10,500 $76.58/hr $15,316 Finisher/Journeyman Concrete Worker 200 $15 Ar $3,000 $37.50/hr $7,500 $67.58/hr $13,516 Equipment Operator 200 $40 /hr $8,000 $37.50/hr $7,500 $77.50/hr $15,500 General Laborer 200 $15 /hr $3,000 $33 Ar $6,600 $58.13/hr $11,626 SUNDAY/EMERGENCY qnday';,HoIdkyy, and,E rgengylatds:NOT1N TOT8iSY,-1'-,',-:- 7-, Carpenter/Sheet $65 /hr $52.50/hr $102.10/hr metal worker Carpenter Helper $30 /hr $33 /hr $90.10/hr Concrete $35 /hr $52.50/hr $102.10/hr Finisher/Journeyman Concrete Worker $30 /hr $90.10/hr Equipment Operator $35 Ar $103.32/hr General Laborer Ar $33 Ar $77 MATERIAL MARKUP -$30 d;060 Material % 10% 15% 6% Value $2,000 $3,000 $1,200 EQUIPMENT RENTAL b Rental % 12% 15% 8% Value $1,200 $1,500 -$800 BID SUMMARY ; TOTAL STRAIGHT $195,000 $208,500 $352,880 TIME TOTAL OVERTIME $32,000 $49,200 $84,790 TOTAL MATERIALS $22,000 $23,000 $21,200' TOTAL EQUIPMENT $11,200 $11,500 $10,800 TOTAL B I D $260,200 1 $292,200 1 $469,670 EXHIBIT "A" C BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Sherry Ulmer, Public Health Director MEETING DATE: November 13, 2018 REQUESTED ACTION: Council consider a resolution authorizing the Chief Financial Officer to execute all documents necessary to accept funding in the amount of $69,615.00 from the Texas Department of State Health Services for a Hurricane Recovery Crisis Agreement. BACKGROUND The Texas Department of State Health Services (DSHS) has awarded the Beaumont Public Health Department funding in the amount of $69,615.00 for a Hurricane Recovery Crisis Agreement (Crisis CoAg). This one time funding will assist the Beaumont Public Health Department with projects focusing on hurricane recovery and preparedness activities. These projects will consist of healthcare associated infection control training and education, and vector surveillance and countermeasures for vector-borne disease. The contract will be effective upon the date of execution and end on June 30, 2020. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. Mail - Melissa. Sias@BeaumontTexas.gov"-�':' Fw: Local Health Department Application Update - City of Beaumont Public Health Department Sherry Ulmer Wed 11/7/2018 10:28 AM To:Melissa Sias <Melissa.Sias@ Beau montTexas.gov>; Importance: High Sherry Ulmer, RN Health Director City of Beaumont 409-654-3603 sherry.uImer@beaumonttexas.gov BEAUMO.NT Public Health Page 1 of 2 From: DeLaGarza,Maria (DSHS)[mailto: Maria. DeLaGarza@dshs.texas.gov] On Behalf Of DSHS CMSCrisisCoAg Sent: Thursday, October 25, 2018 8:58 AM To: Todd Simoneaux <Todd.Simoneaux@BeaumontTexas.gov>; Sherry Ulmer <Sherry. Ulmer@ BeaumontTexas.gov> Cc: DSHS CMSCrisisCoAg <CMSCrisisCoAg@dshs.texas.gov> Subject: Local Health Department Application Update - City of Beaumont Public Health Department Importance: High Good Morning. Thank you for your interest in the Hurricane Crisis Cooperative funding opportunity. Detailed below is/are the final award amount(s) for your Local Health Department (LHD) contract(s), detailed by project and amount. https:Houtlook.office.com/owa/ 11/7/2018 Mail - Melissa. Sias@BeaumontTexas.gov Page 2 of 2 City of Beaumont, Healthcare Infection Control 1 $19,615 City of Beaumont, Traditional Vector Project 1 $50,000 1 The Contract Management Section (CMS) will now work with your LHD on developing your, contract(s), through execution, following our established process with Procurement and Contracting Services (PCS). Please let us know if you have any questions. Regards, Maria De La Garza, CTCM Contract Management Section (CMS) Department of State Health Services (DSHS) 1100 W. 49th Street, Tower Bldg. I MC: 1990 1 Austin, TX 78756 Office Phone: 512-776-27361 Email: maria.delagarza@dshs.texas.gov ''TEXAS ��; Hralthandiivmaa Servkes Texas Otpa tment61State Health Services This is an external e-mail and not from the City of Beaumont. Please validate this e-mail before responding to or Opening/Clicking on any request from this external source. If you suspect this is a malicious e-mail - i.e. Phishing/Spoofing - forward it to IT.ExternalAlerts@BeaumontTexas.gov and delete it from your e-mail list. https:Houtlook.office.com/owa/ 11/7/2018 v TEXAS Health and Human Services Texas Department of State Health Services Page 1 1 August 2018 Hurricane Crisis Cooperative Agreement Estimated Average Projects November 2018 - June 30, 2020 Total Ava.. Budget Eligible Entities -. # of Contracts Award Amount *First Immunization capacity during disaster •First Responder: Responder: response •First Responder: LHDs statewide 8-15 up to 1 • First Responder coordination - $2,000,000 $ 4,000,000 •Cold Chain: LHDs within 60 *Cold Chain: up to $250,000 • Cold chain needs - $2,000,000 disaster declared counties 100 *Cold Chain: minimum of $20,000 2 Maternal and child health outcomes $ 208,063 ' LHDs within 60 disaster declared 2 $104,031 counties Foodborne, waterborne, and environmental •Food/Waterborne: Public entitieswithin 3 disease surveillance $ 396,625 the 60 disaster declared up to 4 —$95,000 counties. May include LHDs, municipalities, etc. Healthcare associated infection control training 4' and education 246,625 LHDs within 60 disaster declared up to 5 $20,000 to • Conduct Certified Infection Control trainings or counties_ - $150,000 • Hold a Hurricane Res onse Summit. Public entities within the 60 disaster declared counties. May Vector control: surveillance and include LHDs or local 5 countermeasures for vector-borne diseases $ 6,135,089 municipalities. Must have a staff .Traditional: up to 61 Minimum of • Traditional Vector Control - $3,067,545 member (or contracted staff) with .Novel: up to 61 $50,000 • Novel Vector Control - $3,067,544 a noncommercial political subdivision pesticide applicators license. 6 Harveyrecover community ty assessments for $ 280,000 LHDs-within 60 disaster declared - Up to 8 LHDs: up to 14 CASPERs $20,000- public health emergency response (CASPERs) counties, "1 - $80,000 4 CASPERs/LHD -" Total $ 11,266,402 Page 1 1 August 2018 Hurricane Recovery Crisis Cooperative Agreement (Crisis CoAg) Request for Funding - Instructions Funding is available for six (6) different Hurricane Recovery Crisis projects. Eligible entities may apply for one or more projects. This document describes the projects and contains information on applying for funding. All application forms are available within this document. To apply for funding for these project complete the following steps: 1. Locate the project(s) that your entity is interested in applying for; 2. Follow the instructions and complete: • Form A: Face Page (Complete one (1) form for each project your entity is requesting funding for); • Form B: Project Narrative (Complete one (1) form for each project your entity is requesting funding for); • Form C: Work Plan (Complete one (1) form for each project your entity is requesting funding for); • Form D: Cold Chain Equipment for Vaccine Storage (Complete only if requesting funding for Immunization Cold Chain Needs Project); and • Budget Template: Budget Workbook (Complete one (1) form .for each project your entity is requesting funding for). Deadline for submission is September 14, 2018. Submit request for funding application packets to: CMScrisisCoAg@dshs.texas.gov. For questions concerning these instructions and documents, please email CMScrisisCoAg@dshs.texas. aov for assistance. 1 Project 1: First Responder Immunizations Local Health Departments (LHDs) across the state will build immunization capacity within emergency responder organizations (public health, law enforcement, fire protection, emergency medical services, support organizations, and volunteer support organizations) within their jurisdictions. The goal would be to build immunization capacity within these organizations and ensure that the emergency responders have the highest adult immunization coverage rate possible. This opportunity will be made available to all LHDs across the state because first responders are often called from non -affected areas to provide additional resources during a response. The following strategies are expected to be implemented to address gaps in vaccination among first responders, and should be reported quarterly: 1. Identify one or more Emergency Response Immunization Coordinator from the LHD to dedicate to the project; 2. Participate in monthly conference calls with the State Project Coordinator; 3. Participate in State identified trainings for the Emergency Response Immunization Coordinator; 4. Identify emergency responder facilities in the local jurisdiction; 5. Secure participation from emergency responder facilities; 6. Identify Vaccine Site Coordinators at each emergency responder facility; 7. Provide first responders with immunization -related educational materials addressing the importance of getting immunized, particularly targeting those first responders who respond to disasters but do not perceive the need to be immunized; 8. Educate Vaccine Site Coordinator on access to vaccine resources in local community (e.g. pharmacies, primary care clinics, Adult Safety Net (ASN) sites, etc.); 9. Provide information about resources on obtaining immunizations, regardless of insurance status. (This may include collecting insurance information for all responders and having information available on how to access immunization serves based on coverage.); OA 10. Assist Vaccine Site Coordinators to complete the following: a. Ensure all personnel are vaccinated; b. Ensure staff immunization records are up to date; and c. Ensure immunizations records are loaded into the ImmTrac2 (if consented). 11. Train the Vaccine Site Coordinators on the use of the Roster feature in ImmTrac2; 12. Stress the importance of using ImmTrac2, the statewide immunization registry, as a means for tracking immunization status and staying up to date with immunizations; 13. Stress the importance having Vaccine Protocols to ensure first responders facilities adhere to the recommended adult immunization schedule. The LHD must: 1. Identify emergency responder facilities and include on Form C: Work Plan a list of the facilities in the local jurisdiction with grant application. Emergency Responder Facilities includes the following: a. Public Health Facilities (e.g. local health departments, districts, etc.) b. See Attachment A: Emergency Medical Facilities for a list of entities in your area; c. See Attachment B: Law Enforcement Administrative Facilities for a list of entities in your area; d. See Attachment C: Fire Protection Facilities for list of entities in your area; and e. Volunteer Emergency Responder Entities. 2. Document completion of the required activities noted in the work plan for each of the Emergency Responder facilities in quarterly reports. Immunizations Cold Chain Needs DSHS proposes a funding opportunity for LHDs in Texas Governor Abbott's Hurricane Harvey disaster declaration area to increase capacity to provide support in maintaining the cold chain for vaccine supplies during emergencies, such as hurricanes. To ensure that LHDs have an opportunity to increase their capacity to accept, store and distribute vaccines during emergencies, this opportunity will make K, funds available to allow LHDs to purchase equipment that will help them appropriately store and handle vaccines during emergencies. LHDs will: 1. Conduct an assessment of storage and handling needs and submit requests to purchase equipment that will allow to fill any gaps that may exist. 2. Purchase equipment such as generators, high capacity refrigerators and freezers for vaccine storage, data loggers, remote temperature monitoring systems, plug guards and more. The LHD must: 1. Submit on Form C: Work Plan a list of the applicant's current inventory of current cold storage units, purchase date and manufacture date; 2. Complete Form D: Cold Chain Equipment for Vaccine Storage to select the type of equipment the applicant is seeking reimbursement and submit with application; 3. Adhere to the asset purchase rules and regulations under which funds to purchase equipment were acquired; 4. Ensure vaccine storage equipment meets specifications outlined in Attachment D: 2018 TVFC & ASN Operations Manual for Responsible Entities. 5. Submit receipt of purchase to DSHS for reimbursement of vaccine storage equipment. If the equipment price changes during the project period, the reimbursement amount cannot exceed 10 percent of the quote submitted in the application. LHD may be directed to submit a new Equipment for Vaccine Storage Form if the equipment cost exceeds 10 percent of the original estimate submitted in application. Project 2• Monitoring Health Outcomes of Mothers and Infants Provide for surveillance of mothers and infants in hurricane -impacted communities within Governor Abbott's 60 county Disaster Declaration areas to understand the impact of emerging health threats from hurricanes: 4 1. Identify adverse health outcomes in moms and infants born 2 months before and 4 months after Hurricane Harvey; 2. Enhance surveillance efforts at the local level of mothers and infants in hurricane -impact communities with either extensive damage or internally displaced families seeking support from jurisdictions to which they have relocated, by collecting follow-up clinical and vital statistics data; and 3. Transmit outcomes data of mothers and infants impacted by Hurricane Harvey. Project 3: Foodborne, Waterborne, & Environmental Disease Impacted LHDs in Governor Abbott's 60 county Disaster Declaration will propose activities to support and enhance foodborne/waterborne surveillance and/or waterborne diseases environmental health based on their needs and capacity. Potential activities include: 1. Cross -training and educating staff in the LHD and adjoining jurisdictions on effective foodborne and waterborne disease surveillance to build expertise for detection, investigation, and reporting of foodborne and waterborne disease outbreaks commonly associated with hurricane disasters; 2. Developing and/or implementing standard foodborne and waterborne disease outbreak investigation protocols and tools to facilitate coordinated responses to outbreak investigations that include epidemiologic, laboratory, and environmental health staff collaboration to be used during the recovery period following a hurricane event; 3. Developing an environmental assessment plan including an environmental sampling protocol for implementation during a hurricane disaster event that supports rapid detection of waterborne disease outbreaks; 4. Developing a written plan for determining alternative laboratory diagnostic resources to monitor water quality and include guidance on appropriate techniques for sample collection and analysis of water and environmental samples; and 5. Developing health promotion materials and water and food -related emergency preparedness planning materials to increase public awareness of foodborne/waterborne disease and prevention measures. Project 4: Infection Control and Prevention LHDs within Governor Abbott's 60 county Disaster Declaration areas may apply for funding within one of two activities and specify the implementation of the activities and include specific activities: 1. Hold infection prevention and control training(s) conducted by the Texas Society of Infection Control and Prevention in order to provide training on infection prevention and control activities including but not limited to gap mitigation strategies, injection safety, and certification in infection control. Trainings will meet the Center for Medicare and Medicaid Services standards in disaster declaration areas and promote certified infection control certification of facility -designated infection preventionists; Or 2. Hold a Hurricane Response Summit in their respective jurisdiction that LHDs and healthcare facility staff in other affected jurisdictions may attend. The summit must focus on providing specific disaster recovery infection control resources and lessons learned from other hurricane disaster recovery efforts to aid in the preparation of response plans for future hurricane threats. Other topics may include infection prevention and control, gap mitigation strategies, injection safety, and disease surveillance. Project 5: Traditional Vector Control LHDs and vector control entities within Governor Abbott's 60 county Disaster Declaration counties (Attachment E) will enhance current vector/mosquito control operations by allocating funds for purchasing pesticide (adulticide or larvicide), equipment (surveillance or application), and other resources 1.1 identified by the local health departments as expenditures or needs following the hurricane. Impacted LHDs and other governmental entities that perform mosquito control may apply for funding to supplement the needs of these programs following Hurricane Harvey. DSHS will work with the impacted LHDs to identify the needs of their mosquito control jurisdictions following Hurricane Harvey. Novel Vector Control The expected outcome is to enhance vector/mosquito control programs in the impacted counties within Governor Abbott's 60 county Disaster Declaration counties (Attachment E) that have identified potential use of novel vector control strategies for targeted mosquito populations. Additional outcomes will be a developed protocol for implementation; communication plan for public education, focus groups, and evaluation of messaging; and a plan for regulatory compliance and approval. DSHS will consult with mosquito control jurisdictions that have identified areas where novel vector control strategies can be implemented. Funds will be allocated to these jurisdictions following a detailed description of the plan including baseline data and support for utilizing the novel technologies to enhance existing mosquito control program activities. The funding will go to specific activities that are operational and not related to research. Proiect 6: Harvey Recovery CASPERs Public Health jurisdictions within Governor Abbott's 60 county Disaster Declaration will conduct and analyze one (1) to four (4) Community Assessments for Public Health Emergency Response (CASPER) to assess the changing needs and health status of hurricane impacted communities. CASPER study design should follow a two-stage cluster sampling method (30x7) utilizing appropriate CASPER methodologies. NOTE: Planning for modified CASPERs must include consultation with the DSHS Disaster Epidemiologist. 7 Proposals must include: 1. Description of the purpose and objectives of the CASPER(s) to be conducted, sampling frame, type of CASPER methodology that will be followed, and timeline for conducting and analyzing the CASPER(s); 2. Identification of personnel to develop, conduct and analyze the CASPER; 3. Attendance at a CASPER data analysis training offered by DSHS; and Acknowledgement of CASPER analysis report to be submitted at conclusion of project. 0 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 from the Texas Department of State Health Services (DSHS) for the Hurricane Recovery Crisis Agreement (Crisis CoAg) in the amount of $69,615.00, effective upon the date of execution through June 30, 2020, to assist the Beaumont Public Health Department with projects focusing on hurricane recovery and preparedness activities. 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 13th day of November, 2018. - Mayor Becky Ames - D BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Sherry Ulmer, Public Health Director MEETING DATE: November 13, 2018 REQUESTED ACTION: Council consider a resolution authorizing the Chief Financial Officer to execute all documents necessary to accept funding from the Texas Department of State Health Services (DSHS) in the amount of $31,753.00 for Tuberculosis Prevention Control. BACKGROUND The Texas Department of State Health Services has awarded the Beaumont Public Health Department the TB/PC Tuberculosis Prevention Control/Federal grant in the amount of $31,753.00. This funding will assist the Beaumont Public Health Department with operating a clinical program to prevent and control Tuberculosis. This contract will begin 01/01/2019 and end on 12/31/2019. FUNDING SOURCE There is a 20% match that will be paid for out of the General Fund — Public Health - RECOMMENDATION Approval of the resolution. DocuSign Envelope ID: 28917E69-C2B3-4F5F-9DAD-C5DF436A5801 DEPARTMENT OF STATE HEALTH SERVICES CONTRACT No. HHS000047300001 AMENDMENT No. 1 The DEPARTMENT OF STATE HEALTH SERVICES ("System Agency or DSHS") and CITY OF BEAUMONT PUBLIC HEALTH DEPARTMENT ("Grantee") who are collectively referred to herein as the "Parties," to that certain grant Contract effective January 1, 2018, and denominated DSHS 'Contract No. HHS0000473 00001 , now desire to amend the Contract. WHEREAS, the System Agency has chosen to exercise its option to renew the Contract in accordance with Section III of the Contract Signature Document; WHEREAS, the parties desire to revise the Budget to add funds for the period beginning January 1, 2019, through December 31, 2019 (hereinafter referred to as "Fiscal Year 2019" or "FY 2019"); WHEREAS, the Parties desire to revise the Statement of Work. Now, THEREFORE, the Parties hereby amend and modify the Contract as follows: 1. SECTION IV of the Signature Document, BUDGET, is hereby amended to add THIRTY-ONE THOUSAND SEVEN HUNDRED FIFTY-THREE DOLLARS ($31,753.00) in DSHS funding with the grantee providing a total of SIx THOUSAND THREE HUNDRED FIFTY-ONE DOLLARS ($6,351.00) in matching funds, for a total Contract amount not to exceed SEVENTY-SIX THOUSAND TWO HUNDRED EIGHT DOLLARS ($76,208.00). 2. SECTION I.G. of ATTACHMENT A, STATEMENT OF WORK, is herebyamended to add the following: `.`During the term of this Contract, DSHS reserves the right'to decrease funding amounts as a result of the Grantee's budgetary shortfalls and/or due to the Grantee lapsing more than I% of total funds." 3. SECTION III. A. of ATTACHMENT A, STATEMENT OF WORK, is hereby amended to add the following email address to which vouchers and any supporting documentation must also be submitted by electronic mail: CMSinvoicesgdshs.texas. og_v. 4. Section M. B. of ATTACHMENT A, STATEMENT OF WORK, is hereby amended to add the following: "Contractor must submit final FSR and a reimbursement or final payment request no later than forty-five (45) calendar days following the end of the Contract term." 5. The Parties agree to add to the Contract ATTACHMENT B-1, FY 2019 BUDGET, which is attached to this Amendment and incorporated into the Contract as if fully set forth therein. All FY 2019 expenditures shall be made in accordance with Attachment B-1. DocuSign Envelope ID: 28917E69-C2B3-4F5F-9DAD-C5DF436A5801 6. ATTACHMENT A, STATEMENT OF WORK, is hereby amended to add the following SECTION IV: IV. PROGRAMMATIC REPORTING REQUIREMENTS Report Name Frequency Period Begin Period End Due Date FYI Narrative Annually January 1, 2018 December 31, 2018 April 1, 2019 Report FY 19 Narrative Annually January 1, 2019 December 31, 2019 April 1, 2020 Report Financial Status Quarterly January 1, 2019 March 31, 2019 April 30, 2019 Report (FSR) & Match Reimbursement/ Certification Form -13A Financial Status Quarterly April 1, 2019 June 30, 2019 July 31, 2019 Report (FSR) & Match Reimbursement/ Certification Form(B-13A) Financial Status Quarterly July 1, 2019 September 30, 2019 October 31, 2019 Report (FSR) & Match Reimbursement/ Certification Form B -13A Financial Status Quarterly October 1, 2019 December 31, 2019 February 17, Report (FSR) 2020 & Match Reimbursement/ Certification Form B -13A 7. ATTACHMENT D, SUPPLEMENTAL AND SPECIAL CONDITIONS is hereby amended to add the following new Section 1.16 under the Special Conditions: SECTION 1.16 CONTRACTOR'S PROPERTY INVENTORY REPORT. Grantee shall maintain an inventory of equipment, supplies defined as Controlled Assets, and real property and submit an annual cumulative report of the equipment and other property on HHS System Agency's Contractor's Property Inventory Report to the assigned DSHS Contract Manager and DSHS Contract Oversight and Support (email address: COSequipkdshs.texas.gov) by electronic mail no later than October 15 of each year. The Contractor's Property Inventory Report may be found at: htti)://www.dshs.texas.gov/contracts/forms.shtm. 2 DocuSign Envelope ID: 28917E69-C2B3-4F5F-9DAD-C5DF436A5801 8. Except as amended and modified by this Amendment No. 1, all terms and conditions of the Contract shall remain in full force and effect. 9. Any further revisions to the Contract shall be by written agreement of the Parties. SIGNATURE PAGE FOLLOWS DocuSign Envelope ID: 28917E69-C2B3-4F5F-9DAD-C5DF436A5801 SIGNATURE PAGE FOR AMENDMENT No. 1 DSHS CONTRACT No. HHS000047300001 DEPARTMENT OF STATE HEALTH SERVICES GRANTEE Name: Title: Date of Execution: Date of Execution: THE FOLLOWING ATTACHMENTS ARE ATTACHED AND INCORPORATED AS PART OF THE CONTRACT: ATTACHMENT B-1 FY 2019 BUDGET 4 DocuSign Envelope ID: 28917E69-C2B3-4F5F-9DAD-C5DF436A5801 ATTACHMENT B-1 FY 2019 BUDGET Organization Name: City of Beaumont Public Health Department Program ID: TB/PC-Federal Contract Number: HHS000047300001—AMENDMENT 1 Budget Categories DSHS Funds Cash Match Category Total Personnel $6,528.00 $3,663.00 $10,191.00 Fringe Benefits $4,439.00 $2,688.00 $7,127.00 Travel $4,150.00 $0.00 $4,150.00 Equipment $0.00 $0.00 $0.00 Supplies $491.00 $0.00 $491.00 Contractual $16,145.00 $0.00 $16,145.00 Other $0.00 $0.00 $0.00 Total Direct Costs $31,753.00 $6,351.00 $38,104.00 Indirect Costs $0.00 $0.00 $0.00 Totals $31,753.00 $6,351.00 $38,104.00 5 Certificate Of Completion Envelope ld: 28917E69C2B34F5F9DADC5DF436A5801 Subject: Amending $76,208; HHS000047300001; City of Beaumont Pubic Health Dept A-1; DSHS/CMS Source Envelope: Document Pages: 13 Signatures: 0 Certificate Pages: 2 Initials: 0 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC -06:00) Central Time (US & Canada) Record Tracking Status: Original 11/1/2018 9:55:05 AM Signer Events — - Todd Simoneaux todd.simoneaux@beaumonttexas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Grace Kubin grace.kubin@dshs.texas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign D= G sacuFt4o Status: Sent - — Envelope Originator: Texas Health and Human Services Commission 1100 W. 49th St. Austin, TX 78756 PCS-DocuSign@hhsc.state.b(.us IP Address: 167.137.1.14 Holder: Texas Health and Human Services* Location: DocuSign — Commission PCS-DocuSign@hhsc.state.b(.us Signature----- --- - - -- - -- --: -- - _Timestamp -------------------- - ---I -- Sent: 11 /1 /2018 9:59:20 AM In Person Signer Events - Signature - Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events- Status -� -„ Timestamp �_- Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events _ Status Timestamp Mary Ann Graham Sent: 11/1/2018 9:59:19 AM maryann.graham@hhsc.state.tx.usPIE Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Ebony WhitePIED � E D Sent: 11/1/2018 9:59:20 AM Ebony.White@dshs.texas.gov Viewed: 11/2/2018 8:27:22 AM Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign r__ --------- Carbon Copy Events CMU Mailbox CMUContracts@dghgl.texas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sherry Ulmer sherry. ulmer@beaumonttexas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Notary Events Envelope Summary Events Envelope Sent Payment Events Status - COPIED COPIED Timestamp T Sent: 11/1/2018 9:59:20 AM _ -- Viewed: 11/7/2018 8:03:04 AM Sent: 11/1/2018 9:59:21 AM Viewed: 11/1/2018 10:18:19 AM Signature Timestamp Status --- -- Timestamps Hashed/Encrypted — 11/1/2018 9:59:21 AM Status . Timestamps RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager or the Chief Financial Officer be and they are hereby authorized to execute all documents necessary to accept funding from the Texas Department of State Health Services (DSHS) for the TB/PC Tuberculosis Prevention Control/Federal Grant in the amount of $31,753.00, effective January 1, 2019, through December 31, 2019, to assist the Beaumont Public Health Department with operating a clinical program to prevent and control tuberculosis. 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 13th day of November, 2018. - Mayor Becky Ames - E BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James P. Singletary, Chief of Police Y4 MEETING DATE: November 13, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager or his designee to execute a Memorandum of Understanding between the Federal Bureau of Investigation Multi -Agency Gang Task Force and the Beaumont Police Department. BACKGROUND The attached Memorandum of Understanding is an agreement between the Beaumont Police Department and the Federal Bureau of Investigation Multi -Agency Gang Task Force. It is for the purpose of formalizing relationships between the participating agencies for policy, guidance, planning, training, public and media relations for inter -agency cooperation. This will enhance the effectiveness of federal, state and local law enforcement resources through a well - coordinated initiative seeking the most effective investigative avenues by which to convict and incarcerate dangerous offenders. FUNDING SOURCE Not Applicable. 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 Memorandum of Understanding with the Federal Bureau of Investigation Multi -Agency Gang Task Force to enhance the effectiveness of federal, state and local law enforcement resources through a well -coordinated initiative seeking the most effect investigative avenues by which to convict and incarcerate dangerous offenders. 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 13th day of November, 2018. - Mayor Becky Ames - F BEAUMONT TEXAS TO: ` City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: November 13, 2018 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide Exclusive Water Line Easement. BACKGROUND Hamlet Park 3, LLC. has agreed to convey a ten foot (10') wide exclusive Water Line Easement to the City of Beaumont. The easement is described as being a 10,810 square feet tract out of a2.65 acre tract situated in the F. Bigner Survey, Abstract No. 1. The water line easement will serve the apartment complex located at 3475 Crow Road. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, Hamlet Park 3, LLC has agreed to convey one (1) ten foot (10') wide exclusive water line easement, said easement being a 10,810 square feet tract out of a 2.65 acre tract situated in the F. Bigner Survey, Abstract No. 1, Jefferson County, Texas as described and shown in Exhibit "1," attached hereto, to the City of Beaumont for an apartment complex located at 3475 Crow Road; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and is in the best interest of the City of Beaumont and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT one (1) ten foot (10') wide exclusive water line easement conveyed by Hamlet Park 3, LLC, being a 10,810 square feet tract our of a 2.65 acre tract situated in the F. Bigner Survey, Abstract No. 1, Jefferson County, Texas as described and shown in Exhibit "1," attached hereto, be and the same is hereby, in all things, accepted for the stated purposes. 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 13th day of November, 2018. - Mayor Becky Ames - STATE OF TEXAS COUNTY OF JEFFERSON KNOW ALL MEN BY THESE PRESENTS: WATER LINE EASEMENT THAT, HAMLET PARK 3, LLC, a Florida limited liability company, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND NO/100 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P.O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a Water Line Easement and the exclusive right to construct, alter, and maintain said waterlines and appurtenances on the hereinafter described lands which said easement is under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibits "A & B", attached and made a part hereof for all purposes. The easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and appurtenances, and the following rights are also hereby conveyed collectively, the "Easement Rights". It is expressly understood and agreed that the City of Beaumont shall have the right of ingress to and egress from the tracts of land hereinbefore described and use of the same for the purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate EXHIBIT "1" the same as permitted by law. GRANTOR agrees not to place any structures or appurtenances within the Easement Property that will interfere with Grantee's ability to exercise the Easement Rights. GRANTEE shall not be responsible for the repair and replacement of any paving or other structures within the Easement Property. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of , 2018. GRANTOR: HAMLET PARK 3, LLC, a Florida limited liability company By: Hamlet Management, Inc. a Florida Limited Liability Company Its General Partner Alan Grassano, President ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF JEFFERSON This instrument was acknowledged before me on this the day of , 2018, by ALAN GRASSANO, President of Hamlet Park 3 LLC, a Florida Limited Liability Company and the Company acknowledged this instrument as General Partner on behalf of Hamlet Management, Inc. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 2018. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 FAUST Engineering and Surveying, Inc. Professional Engineers and Professional Surveyors E-MAIL ADDRESS INFO@FAUSTENG.COM 2525 Calder Street Beaumont, Texas 77702 Surveying Firm Registration No. 100024-00 Engineering Firm Registration No. 4800 Telephone (409) 813-3410 Fax (409) 813-3484 EXHIBIT A PAGE 1 OF 3 FIELD NOTE DESCRIPTION FOR A 10,810 SQUARE FEET, 10 FEET WIDE EXCLUSIVE WATERLINE EASEMENT OUT OF A 2.65 ACRE TRACT F. BIGNER SURVEY, ABSTRACT NO. 1 JEFFERSON COUNTY, TEXAS March 27, 2017 BEING a certain 10,810 square feet, being a 10 feet wide exclusive waterline easement out of a 2.65 acre tract out of the F. Bigner Survey, Abstract No. 1, Jefferson County, Texas; said 2.65 acre tract. The 2.65 acre tract being a 2.27 acre tract conveyed to Harbor Green II, LLC, as recorded in County Clerk's File No. 2010029339 of the Real Property Records of Jefferson County, Texas and a 0.38 acre tract conveyed to Harbor Green II, LLC, as recorded in County Clerk's. File No. 2015011530 of the Real Property Records of Jefferson County, Texas; said 10,810 square feet tract being more particularly described by metes and bounds as follows: (BEARINGS SHOWN HEREON ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM OF 1983, CENTRAL ZONE, AND ARE BASED ON THE NORTH AMERICAN DATUM OF 1983, ADJUSTMENT 2011.) COMMENCING at a %" rebar set on the west right-of-way line of Crow Road, being the northeast corner of said Harbor Green tract and the southeast corner of a tract conveyed to Normandy Townhomes, LLC, as described in County Clerk's File No. 1999045213 if the Real Property Records of Jefferson County, Texas; THENCE South 03'28'51" East (called South 00°00'16" East) along the said west right-of-way line of Crow Road and the said east line of the Harbor Green tract, a distance of 24.58 feet (called 24.58 feet) to a %" rebar found for point for corner; Page 1 Field Note Description 160099 THENCE South 03°05'11" East (called South) along the said west right-of- way line of Crow Road and the said east line of the Harbor Green tract, a distance of 15.10 feet (called 15.00 feet) to a %" rebar found for point for corner; THENCE South 03°32'44" East (called South) along the west right of way line of Crow Road and the east line of the said Harbor Green tract, a distance of 1.26 feet to an angle point for corner; said angle point being the POINT OF BEGINNING for the herein described tract; THENCE South 86029'44" West, a distance of 436.12 feet for an angle point for corner of the herein described tract; THENCE South 03°30'16" East, a distance of 148.50 feet for an angle point for corner of the herein described tract; . THENCE North 86029'44" East, a distance of 419.58 feet for an angle point for corner of the herein described tract; THENCE South 03030'16" East, a distance of 28.13 feet for an angle point for corner of the herein described tract; THENCE North 86°29'44" East, a distance of 10.00 feet for an angle point for corner of the herein described tract; THENCE North 03'30'16" West, a distance of 28.13 feet for an angle point for corner of the herein described tract; THENCE North 86°29'44" East, a distance of 6.62 feet for an angle point for corner of the herein described tract in the west right-of-way line of Crow Road and the east line of said Harbor Green tract; THENCE North 03031'25" West (called North 00°00'16" West) along the said west right-of-way line of Crow Road and the east line of said Harbor Green tract, a distance of 10.00 feet for an angle point for corner of the herein described tract; THENCE South 86°29'44" West, a distance of 426.20 feet for an angle point for corner of the herein described tract; Page 2 Field Note Description 160099 THENCE North_03'30'16" West, a distance of 128.50 feet for an angle point for corner of the herein described tract; THENCE North 86°29'44" East, a distance of 64.50 feet for an angle point for corner of the herein described tract; THENCE South 03°30'16" East, a distance of 35.00 feet for an angle point for corner of the herein described tract; THENCE North 86°29'44" East, a distance of 10.00 feet for an angle point for corner of the herein described tract; THENCE North 03°30'16" West, a distance of 35.00 feet for an angle point for corner of the herein described tract; THENCE North 86°29'44" East, a distance of 351.62 feet for an angle point for corner of the herein described tract in the west right-of-way line of Crow Road and the east line of said Harbor Green tract; THENCE North 03°32'44" West (called North) along the west right of way line of Crow Road and the east line of the said Harbor Green tract, a distance of 10.00 feet to the POINT OF BEGINNING and containing 10,810 square feet of land, more or less. This description and accompanying plat are based on a Land Title Survey completed under the supervision of Richard F. Faust, P.E., Registered Professional Land Surveyor No. 4782 on March 17, 2017. ou� Richard F. Faust, P.E. Registered Professional Land Surveyor No. 4782 Page 3 �P Q� S Tk9 ............. F. FAUST 4782 P: -0FsuR`�� yi z N 8517302' E 344.47' (C4UED N 8592'82' E J"6Y) N 86'29'44' E i i 64.50' i S 03'30'16' E 35.00' N 03'30'18' W i 35.00' L-NJ—N 86'29'44' E S 86'29'44• W 436.12' N 66'29'44' E 351.62' S 86'29'44' W 426.20' N 88 29'44' E 419 88' S 863704' W 135,66' (CALLED S 863527' W 1.1453) N 657549' E 120.38' (CALLEDN 88'34'00' E !20.147 s N 03'32'44' (GALLED NOR N N 03'30'16' 28.1 S 03'30'16" 28.1 N 88'29'44' S 86108103' W 7454' (CALLED S WMW- W 71467 S o23w_5j' E 'CALLED S 0010018'E 24.66) S Lt3n"J- E 1'alo (CALLED som 157 i N 03'31'25' W 10.00' 6/9/78QD S88fl134' W25817' (CALLED S LT75212' W 257.257 suaECT N 01'42'17' W 5458' 1'RCPD?TY rLn i Trn N (CALLED N 0/31.08' W 54867 ■1]Wm F. fWlff l� /IIVL�■NL fM■.■1■[I■f Id 4@ EXHIBIT B PAGE 1 OF 1 TO ACCOMPANY DESCRIP77CW A 10,810 SQUARE FEET �Ja� BEING A 10 FEET WIDE SCAM I' — so' EXCLUSIVE WA7ERLINE EASEMENT NCYNITY MAP — N. T..S C5!NGINEEFiiNAND OUT OF A 265 ACRE TRACT lCaoaeowArEs Am ¢EVAnays SWOM HREON ARE CED ro 1NE 7EaAs COORDINAW SYS04 Qr SURVEYING, INC. F. BIGNER SURW4 ABSTRACT NO. 1 !BBE SOUTFI LF7l7RAL Z M AND ARE BASED CM 71/E P13�ffiONdL ffiiGII>t3ltt8 AND P&OP888lONAT, 90RVEYOB9 BEAUMONT, X FERSON COUNTY, TExAS NORaI AMERICAN OATU4 OE' 198E ADA 7NEN1'2011.) 2= MAL= s79rSr TMAS 777UE ■ m.3EAUNMTATW-340 rm49M ■ URVEYG ram 0 S 863704' W 135,66' (CALLED S 863527' W 1.1453) N 657549' E 120.38' (CALLEDN 88'34'00' E !20.147 s N 03'32'44' (GALLED NOR N N 03'30'16' 28.1 S 03'30'16" 28.1 N 88'29'44' S 86108103' W 7454' (CALLED S WMW- W 71467 S o23w_5j' E 'CALLED S 0010018'E 24.66) S Lt3n"J- E 1'alo (CALLED som 157 i N 03'31'25' W 10.00' 5475 Crow Road Wells Fargo Banknod Rao, akery Michaels Dowlen i a Vo�w rill _ Pfzza Hut ' - j _- Redeemer Lutheran in Children's Center= Crossroads Center I Seville Apartments Mobiloil;Credit Unlori Chelsea Apartment ice Upon AChild - J i Crossroads, _ Bowling Center T' i Collier St collter St - Happy -Beginnings Parkdale Place g Apartments a l o + Settler's Cove Apartments � I The Harbour i as . _Hamlet Toiunhomes 4a ' a NeGi Light`Church Church 1�3 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Jarmon, Executive Assistant to the City Manager MEETING DATE: November 13, 2018 REQUESTED ACTION: Council consider a resolution appointing members to the Beaumont Youth Advisory Council. BACKGROUND Based on the recommendation of the participating schools, staff recommends that the following students be appointed to the Beaumont Youth Advisory Council: Maleena Bennett — Callie Jordan — Seth Langston — Lorianna Bartel — Serena Anwar — Cadien Myrick — Zaid Mohammed — Ashley Cruz — West Brook High School West Brook High School Legacy Christian Academy Legacy Christian Academy Kelly High School Kelly High School Harmony Science Academy Harmony Science Academy All BYAC appointments expire in May of the following year. FUNDING SOURCE All funds were donated by private organizations. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointments be made to the Beaumont Youth Advisory Council, whose term will expire May 31, 2019. Maleena Bennett — Callie Jordan — Seth Langston — Lorianna Bartel — Serena Anwar— Cadien Myrick— Zaid Mohammed — Ashley Cruz — West Brook High School West Brook High School Legacy Christian Academy Legacy Christian Academy Kelly High School Kelly High School Harmony Science Academy Harmony Science Academy 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 13th day of November, 2018. - Mayor Becky Ames - H BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: November 13, 2018 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the lawsuit styled Nyjuma Howard v. City of Beaumont; Cause No. 130,859. BACKGROUND The lawsuit styled Nyjuma Howard v. City of Beaumont; Cause No. 130,859, was presented and discussed in Executive Session held on October 30, 2018. The City Attorney is requesting authority to settle this suit with the City in the amount of $31,000.00. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the lawsuit styled Nyjuma Howard v. City of Beaumont; Cause No. 130,859; was discussed in Executive Session properly called and held Tuesday, October 30, 2018; and, WHEREAS, the City Attorney is requesting authority to settle the lawsuit; and, WHEREAS, the City Council has considered the merits of the request and is of the opinion that it is in the best interest of the City to settle the claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Attorney be, and he is hereby, authorized to settle the claim of Nyjuma Howard in the lawsuit styled Nyjuma Howard v. City of Beaumont; Cause No. 130,859, for the sum of Thirty -One Thousand and XX/100 Dollars ($31,000.00); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the claim. 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 13th day of November, 2018. - Mayor Becky Ames - RESOLUTION NO. WHEREAS, on May 17, 2016 the City Council of the City of Beaumont, Texas adopted Resolution No. 16-090 approving a contract between the City of Beaumont and The Striesfeld Group, LLC for the management and operation of the Beaumont Tennis Center; and, WHEREAS, The Striesfeld Group, LLC has requested that the Management Agreement be terminated; and, WHEREAS, the City Council is of the opinion that it is in the best interest of the City of Beaumont to terminate the Management Agreement with The Striesfeld Group, LLC for the management and operation of the Beaumont Tennis Center; 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, BE IT FURTHER RESOLVED THAT the Management Agreement with The Striesfeld Group, LLC for the management and operation of the Beaumont Tennis Center is hereby terminated. 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 13th day of November, 2018. - Mayor Becky Ames - BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 13, 2018 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-6/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a resolution approving multiple contracts for the purchase of traffic marking materials 2. Consider a resolution authorizing the City Manager to execute an agreement with CDM Smith, Inc., of Houston to continue management of the Municipal Separate Storm Sewer System (MS4) Permit for the City of Beaumont for Fiscal Year 2019 3. Consider authorizing the City Manager to enter into an agreement with Pour Brothers Brewery, LLC, and Angie and Collburn McClelland for economic development incentives under the Neighborhood Empowerment Zone Program 4. Consider a resolution approving a contract with Lanier & Associates Consulting Engineers, Inc., for Professional Engineering Services related to Riverfront Park Damages 5. Consider a resolution authorizing the City Manager to apply to the Texas Division of Emergency Management (TDEM) and the Texas General Land Office (GLO) for the buyout or elevation of twenty-seven (27) properties flooded during Hurricane Harvey 6. Consider authorizing the City Manager to terminate the management agreement with the Striesfeld Group, LLC, who manages the Tennis Center at the Athletic Complex COMMENTS Public Comment (Persons are limited to 3 minutes) Councilmembers/City Manager comment on various matters EXECUTIVE SESSION Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit: Specifically 0.62 +/- acres on Laurel Street (700 Block of Laurel) 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 November 13, 2018 Consider a resolution approving multiple contracts for the purchase of traffic marking materials BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: November 13, 2018 REQUESTED ACTION: Council consider a resolution approving multiple contracts for the purchase of traffic marking materials. BACKGROUND Bids were requested for annual contracts to supply signage, sign materials, hardware, specialty paints and traffic control materials. Bids were requested from eight vendors and three submitted bid responses. Specifications were divided into three sections and required that each section be awarded to the lowest qualified bidder who bid the entire section and complied with the required specifications. Contracts are recommended as follows: SECTION VENDOR EST. TOTAL AMOUNT 1- Hardware Trantex Transportation, Houston, TX. $388,270.00 2- Marking Materials Trantex Transportation, Houston, TX. $7,625.00 3- Paint Trantex Transportation, Houston, TX. $45,904.70 TOTAL $441,799.70 FUNDING SOURCE General Fund and Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, bids were solicited for annual contracts for the purchase of traffic marking materials and traffic control material for use by the various City departments; and, WHEREAS, the following vendors submitted bids as shown below and in the unit amounts as shown on Exhibit 'A" attached hereto and made a part hereof for all purposes: SECTION VENDOR EST. TOTAL AMOUNT 1- Hardware Trantex Transportation, Houston, TX. $388,270.00 2- Marking Materials Trantex Transportation, Houston, TX. $7,625.00 3- Paint Trantex Transportation, Houston, TX. $45,904.70 TOTAL $441,799.70 ; and, WHEREAS, City Council is of the opinion that the bids submitted by the vendors for the estimated contract total amount of $441,799.70 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 $441,799.70 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 13th day of November, 2018. - Mayor Becky Ames - CITY OF BEAUMONT, BEAUMONT, TEXAS BEAUMONT PURCHASING DIVISION BID TABULATION Bid Name: ANNUAL CONTRACT FOR TRAFFIC MARKING MATERIALS -HARDWARE, MARKING MATERIALS AND PAINT Bid Number: CF1019-03 Bid Opening: Thursday, November 01, 2018 Contact Person: Cynthia Miller, -Buyer II cvnth ia. m i Iler(cD beaum onttexas. oov Phone: 409-880-3757 Notes: Marked In RED Indicates did not bid entire section No Response: ALLIED TUBE 8 CONDUIT;VULCAN SIGNS; CUSTOM PRODUCTS COPR. SWARCO; BLACKTOP INDUSTRIES LLC, EXHIBIT "A" TRANTEX TRANSPORTATION PRODUCTS OF TEXAS, PATHMARK TRAFFIC Vendor INC. EQUIPMENT, LLC. ENNIS-FLINT,INC. City / State HOUSTON, TX. SAN MARCOS, TX GREENSBORO, NC. Phone or Fax No. 281591-6827 512-392-2092 336-218-6746 SECTION DESCRIPTION SECTION TOTAL SECTION TOTAL SECTION TOTAL 1 HARDWARE $388,270.00 NO BID NO BID 2 MARKING MATERIALS $7,625.00 $11,287.00 NO BID 3 PAINT $45,904.70 NO BID $49,917.50 TOTAL BID $441,799.70 $11,287.00 $49,917.50 AWARDED $441,799.70 $0.00 $0.00 Notes: Marked In RED Indicates did not bid entire section No Response: ALLIED TUBE 8 CONDUIT;VULCAN SIGNS; CUSTOM PRODUCTS COPR. SWARCO; BLACKTOP INDUSTRIES LLC, EXHIBIT "A" BEAUMONT CITY OF BEAUMONT, BEAUMONT, TEXAS PURCHASING DIVISION BID TABULATION Bid Name: ANNUAL CONTRACT FOR TRAFFIC MARKING MATERIALS -HARDWARE, MARKING MATERIALS AND PAINT Bid Number: CF1019-03 Bid Opening: Thursday, November 01, 2018 Contact Person: Cynthia Miller, Buyer II cvnthia. millertabeaumonttexas.00v PRODUCTS OF TEXAS, INC. Phone: 409-880-3757 ECTION,S HARRWARE.,-. _ c '- r, n #. � aoC� TRANTEX TRANSPORTATION PATHMARKTRAFFIC Vendor PRODUCTS OF TEXAS, INC. EQUIPMENT LLC. ENNIS-FLINT, INC City / State HOUSTON, TX SAN MARCOS, TX. GREENSBORO, NC Phone or Fax No. 281-591-6827 512-392-2092 336-218-6746 ITEM QTY SIZE DESCRIPTION Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price 1 1,000 10 FT POST, GALVANIZED 13 GAUGE, 2-3/8" OD $23.50 $23,500.00 $0.00 $0.00 $0.00 $0.00 2 2,000 11 FT POST, GALVANIZED 13 GAUGE, 2-3/8" OD $27.20 $54,400.00 $0.00 $0.00 $0.00 $0.00 3 2,000 12 FT POST, GALVANIZED 13 GAUGE, 2-3/8" OD $28.801 $57,600.00 $0.00 $0.00 $0.00 $0.00 4 2,000 13 FT POST, GALVANIZED 13 GAUGE, 2-3/8" OD $29.40 $58,800.00 $0.00 $0.00 $0.00 $0.00 5 2,000 14 FT POST, GALVANIZED 13 GAUGE, 2-3/8" OD $29.90 $59,800.00 $0.00 $0.00 $0.00 $0.00 6 5,000 CROSSPIECE, HD BOLT THRU VANDAL PROOF $2.95 $14,750.00 $0.00 $0.00 $0.00 $0.00 7 5,000 27" SOCKET #2804 POZ-LOC $14.50 $72,500.00 $0.00 $0.00 $0.00 $0.00 8 5,000 - WEDGE #25754 POZ-LOC $4.25 $21,250.00 $0.00 $0.00 $0.00 $0.00 9 1,000 - SIGN CLAMP 1 -SIDED #30911 W/HDW $2.50 $2,500.00 $0.00 $0.00 $0.00 $0.00 10 500 2-3/8" TAP ON RAIN CAP, NO SET SCREWS r $5.25 $2,625.00 $0.00 $0.00 $0.00 $0.00 11 20 GROUND STUB TRIANGULAR (SLIP Bim) $64.50 $1,290.00 $0.00 $0.00 $0.00 $0.00- 12 20 _ COLLAR ASSEMBLY SET (SLIP BASE) $65.50 $1,310.00 $0.00 $0.00 $0.00 $0.00 13 20 2-7/8" 12' SIGN POST SCIIEDUAL 10 $78.50 $1,570.00 $0.00 $0.00 $0.00 $0.00 90o ALUM CROSS FOR 0.125 SIGN 14 2,000 0.125 BLADE 5 1/2". TRAFFIC SAFETY CO. BT+ OR APPROVED EQUAL. $2,95 $5,900.00 $0.00 $0.00 $0.00 $0.00 45o ALUM CROSS FOR 0.125 SIGN 15 50 0.125 BLADE 5 1/21'. TRAFFIC SAFETY CO. BT+ OR APPROVED EQUAL. $9.50 $475.00 $0.00 $0.00 $0.00 $0.00 SIGN CAP, ALUM, 2" POLE/0.125 SIGN 16 1,000 0.125 BLADE 5 1/2". TRAFFIC SAFETY CO. BT+ OR APPROVED EQUAL $6.50 $6,500.00 $0.00 $0.00 $0.00 $0.00 ALUMINUM STREET SIGN BRACKET, 17 1,000 2" STYLE 318 DOUBLE, FOR MOUNTING 2 SIGNS BACK-TO-BACK, FOR 2-3/8" O.D. .POST. $3.50 $3,500.001 $0.00 $0.00 $0.00 $0.00 HARDWARE $399.20 $388,270.00 $0.00 NO BID $0.00 NO BID BEAUMONT CITY OF BEAUMONT, BEAUMONT, TEXAS PURCHASING DIVISION BID TABULATION Bid Name: ANNUAL CONTRACT FOR TRAFFIC MARKING MATERIALS -HARDWARE, MARKING MATERIALS AND PAINT Bid Number: CF1019-03 Bid Opening: Thursday, November 01, 2018 Contact Person: Cynthia Miller, Buyer II ENNIS-FLINT, INC cvnthia.millerna beaumonttexas.gov HOUSTON, TX Phone: 409-880-3757 _� ON 6- I ►�Al ER1AL5 s. r _�?"_. z _ �a F', r, ' ? TRANTEX TRANSPORTATION PATHMARK TRAFFIC Vendor PRODUCTS OF TEXAS, INC. EQUIPMENT LLC. ENNIS-FLINT, INC City / State HOUSTON, TX SAN MARCOS, TX. GREENSBORO, NC Phone or Fax No. 281-591-6827 512-392-2092 336-218-6746 ITEM QTY SIZE DESCRIPTION Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price 2 -WAY ACRYLIC REFLECTIVE 18 300 - RAISED MARKER -BLUE $1.15 $345.00 $1.49 $447.00 $0.00 $0.00 2 PART EPDXY ADHESIVE KIT - 19 50 2GAL ROAD MKR $65.00 $3,250.00 $119.00 $5,950.00 $0.00 $0.00 20 50 CS. BITUMINOUS ADHESIVE $24.201 $1,210.00 $39.00 $1,950.00 $0.00 $0.00 ONE WAY CLEAR MARKING TAB 21 3,000 - W/O COVER $0.46 $1,380.00 $0.49 $1,470.00 $0.00 $0.00 TWO WAY YELLOW MARKING TAB 22 3,000 -- W/O COVER $0.48 $1,440.00 $0.49 $1,470.00 $0.00 $0.00 TOTAL SECTION 6 - MARKING MATERIALS $91.29. $7,625.00 $160.47 $11,287.00 $0.00 NO BID CITY OF BEAUMONT, BEAUMONT, TEXAS BEAUM014T PURCHASING DIVISION BID TABULATION Bid Name: ANNUAL CONTRACT FOR TRAFFIC MARKING MATERIALS -HARDWARE, MARKING MATERIALS AND PAINT Bid Number. CF1019-03 Bid Opening: Thursday, November 01, 2018 Contact Person: Cynthia Miller, Buyer 11 cynthia.miller(c)beaumonftexas._qo Phone: 409-880-3757 [SE y TRANTEX TRANSPORTATION PATHMARK TRAFFIC Vendor PRODUCTS OF TEXAS, INC. EQUIPMENT LLC. ENNIS-FLINT, INC City/ State HOUSTON, TX SAN MARCOS, TX. GREENSBORO, NC Phone or Fax No. 281-591-6827 512-392-2092 336-218-6746 ITEM QTY SIZE DESCRIPTION Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price CHLORINATED RUBBER TRAFFIC 23 300 5 GAL PAINT - WHITE $42.00 $12,600.00 $0.00 $0.00 $64.75 $19,425.00 CHLORINATED RUBBER TRAFFIC .24 300 5 GAL. PAINT - YELLOW $52.00 $15,600.00 $0.00 $0.00 $68.25 $20,475.00 RED PAINT PITTSBURGH LOT#90- 306/0100337981, NO 25 25 1 5 GAL, SUBSTITUTIONS $120.00 $3,000.00 $0.00 $0.00 $0.00 $0.00 CHLORINATED RUBBER TRAFFIC 26 25 5 GAL, PAINT - BLUE $65.00 $1,625.00 $0.00 $0.00 $72.75 $1,818.75 CHLORINATED RUBBER TRAFFIC 27 25 5 GAL. PAINT - GREEN $76.00 $1,875.00 $0.00 $0.00 $72.75 $1,818.75 28 2,000 LB. REFLECTIVE GLASS BEADS TYPE 2 $0.68 $1,360.00 $0.00 $0.00 $0.42 $940.00 INVERTED CAN MARKING PAINT - 29 25 CS. ALL COLORS $57.00 $1,425.00 $0.001 $0.00 $0.00 $0.00 30 2 155 GAL TOLUENE $509.85 $1,019.70 $0.00 $0.00 $0.00 $0.00 TRANTEX ALKYD THERMOPLASTIC 31 4,000 LB. MATL WHITE $0.80 $3,200.00 $0.00 $0.00 $0.6375 $2,550.00 TRANTEX ALKYD THERMOPLASTIC 32 4,000 LB. MATL-YELLOW $0.861 $3,440.00 $0.00 $0.00 $0.6375 $2,550.00 33 20 GAL. THERMO SEALER $760.00 $0.00 $0.00 $22.00 $440.001 TOTAL SECTION 7 - PAINT 1 $961.191 $45.904.70 $0.001 NO BID $302.20 $49,917.501 2 November 13, 2018 Consider a resolution authorizing the City Manager to execute an agreement with CDM Smith, Inc., of Houston to continue management of the Municipal Separate Storm Sewer System (MS4) Permit for the City of Beaumont for Fiscal Year 2019 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: November 13, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an agreement with CDM Smith, Inc., of Houston to continue management of the Municipal Separate Storm Sewer System (MS4) Permit for the City of Beaumont for Fiscal Year 2019. • WKPIR110LII111 On October 16, 2012, by Resolution No. 12-249, City Council awarded CDM Smith, Inc., of Houston an agreement for Professional Engineering Services to manage the MS4 Permit. The manager of the permit conducts dry and wet weather screenings of our five (5) major outfalls in the City. Under the permit, the City is required -to submit an annual report summarizing activities and results of the screenings and other inspections conducted throughout the year which CDM Smith, Inc.,.has successfully completed on the City's behalf since 2012. If approved, the total services and expenses shall not exceed $225,000.00 without the City's prior written authorization. FUNDING SOURCE General Fund — Public Works Department. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 12-249 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of an Engineering Services Agreement to CDM Smith, Inc., of Houston, Texas, in an amount not to exceed $240,000 to manage the Municipal Separate Storm Sewer System (MS4) Permit. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes; PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of October, 2012. ALM/ il�� RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an annual Engineering Services Agreement with CDM Smith, Inc., of Houston, Texas to continue management of the Municipal Separate Storm Sewer System (MS4) Permit. The Engineering Services Agreement is attached hereto at Exhibit "A" and made a part hereof for all purposes. 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 13th day of November, 2018. - Mayor Becky Ames - ENGINEERING SERVICES AGREEMENT STATE OF TEXAS COUNTY OF JEFFERSON § SECTION 1 • MI AGREEMENT FOR Engineering and Related Services for Municipal Separate Storm Sewer System Permit This Agreement made and entered into in Beaumont, Jefferson County, Texas between the City of Beaumont, a Municipal Corporation in the State of Texas, hereinafter termed "City" and CDM Smith, duly licensed, and practicing under the laws of the State of Texas, hereinafter termed "Engineer", said Agreement being executed by the City pursuant to the City Charter and Ordinances .and Resolutions of the City Council, and by said Engineer for the Engineering Services hereinafter set forth in connection with the above designated Project for the City of Beaumont. I. General A. Detailed Project Description The Engineer will provide technical support and assistance on the Municipal Separate Storm Sewer System (MS4) Permit for the City of Beaumont. The Engineer will conduct all representative monitoring, calibrate flow meters, conduct required dry and wet weather screenings, and Industrial monitoring. The Engineer will prepare and submit an Annual Report to the TCEQ and EPA and represent the City on permit renewal modifications. The Engineer will conduct employee training at City departments and provide Storm Water Management Program (SWMP) implementation activities for Best Management Practices (BMPs). The Engineer will assist the City on Industrial facility inspections and construction site audits when needed. The Engineer shall update and maintain herbicide and pesticide compliance along with data management. Engineer will perform other duties as required by the MS4 Permit. B. The Engineer shall not commence work on this proposed Project until he has been notified in writing to proceed. The Engineer, in consideration for the compensation herein provided, shall render all professional services, including any associated subconsultants, necessary for the development of the Project to completion, as provided in this Agreement. FY 2019 Stormwater Agreement CDM Smlth_20181031 EXHIBIT "A" II. Basic Services A. Meet with the City to determine the schedule for project. B. Conduct all required monitoring. 1. Representative monitoring. a. Preparation for sampling events, including procurement and maintenance of sampling equipment as required by the City. b. Collect composite samples during three seasonal events at five locations. c. Submit samples to appropriate laboratory including sample preservation, chain of custody, and sample volume calculations based on flow estimates developed using DD6 stage measurements. d. Analyze laboratory data and compile DMR forms for data submission to the TCEQ/EPA via the MS4 Annual Report. e. Inform the City of any problems with associated collections and methods to resolve problems. 2. Dry weather screening (20% of all outfalls in given year through permit year 5; subsequent years will be determined based on alternative schedule as agreed upon with City of Beaumont). a. Onsite test kit analysis of dry weather flows as per project standard operating procedures. b. Reporting of illicit discharges and tracking elimination efforts as per project standard operating procedures. c. Review and confirm previously identified outfalls d. Development of drainage area delineations for outfalls as requested by the City e. Inform the City of any problems with associated screenings or discharges and methods to resolve problems. 3. Wet weather screening (per schedule defined in Bacteria Reduction Plan and/or permit). a. Identification of and field investigation of wet weather screening locations b. Field sample collections and test kit analysis. c. Reporting of illicit discharges and tracking elimination efforts. d. Inform the City of any problems with associated screenings or discharges and methods to resolve problems. 4. Industrial monitoring (conducted if deemed necessary by inspection, requested by City or other requirements). a. Assist City with industrial monitoring as requested . If request, perform laboratory sample collection and preservation as well as FY 2019 Stormwater Agreement CDM Smlth_20181031 2 laboratory submission and chain of custody documentation. b. If requested by City, analyze laboratory results for prioritized facility inspection. c. Inform the City of any problems with associated industrial screenings or discharges. 5. Landfill MSGP monitoring (conducted during wet weather screenings as required by Multi -Sector General Permit). a. Laboratory sample collection and preservation. b. Laboratory submission and chain of custody documentation. c. Inform the City of results and any problems with associated industrial screenings or discharges. C. Development and submission of Annual Report. 1. Conduct DD6 and City of Beaumont departmental meetings and quarterly data requests to assess compliance as required 2. Gather required data for the annual report using tracking spreadsheets and submit methods of improvement as needed. 3. Provide Draft of annual report to City staff by January 15, 2019 4. Submit MS4 Annual Report to TCEQ by February 1, 2019 D. Storm Water Management Program Implementation. 1. Conduct employee training at city departments or during one annual training event as requested by the City. 2. SWMP Implementation Activities for BMPs. a. Implement SWMP activities for current permit year as requested by City b. SWMP review and identification of implementation priorities as requested bye the City. c. Update guidance documents, inspection forms and outreach materials as requested by the City. E. Inspection Services. 1. Industrial, Facility Inspections. As requested by City, one engineer will attend industrial inspections with City inspector. . a. Preparation and initial facility research. b. Facility compliance records review. c. Review Facility benchmark monitoring records and record information into centralized tracking spreadsheet. d. Facility walk-through and inspection report completion. e. Review correspondence with industrial facility. f. Implementation of associated enforcement actions and related correspondence. 2. Construction Site Audits. As requested by City, one engineer will attend industrial inspections with City inspector. FY 2019 Stormwater Agreement CDM Smith_20181031 3 a. Municipal construction site audits to assess compliance with TCEQ construction general permit. F. Permit Renewal — As requested by the City, provide support for permit renewal. 1. Review of draft permit 2. General permit Notice of Intent and SWPPP modifications as needed. 3. Represent City in permit negotiations with TCEQ/EPA. 4. SWMP modifications as required for new permit. G. Herbicide and Pesticide Compliance 1. Conduct departmental meetings to assess compliance as requested by the City. H. Data Management. 1. Maintain tracking spreadsheet for annual reporting. 2. Develop database and GIS map for tracking major outfalls inventory. 3. Special Services (not applicable to this agreement) 4. Additional Services All work that will be performed by the Engineer at the request of the City that is described in this paragraph and not included in the paragraphs above, shall constitute Additional Services. Additional Services shall include, but are not limited to the following: a. Services required by the City in any litigation or other controversy as an expert witness, including actual testimony time, stand-by waiting time, preparation of engineering data and reports or depositions and consulting with the City or its attorney. b. Preparation of any special reports, applications for permits or grants, and appearances before any regulatory agencies or public hearings. c. Any revisions of previously approved work. d. Any travel and subsistence to points other than Engineer's or City's Offices and Project site. e. Preparation of exhibits. f. Additional services due to significant changes in scope of Project or its design including but not limited to changes in size, complexity, or character of construction as agreed to by both parties. These tasks may be authorized at the direction of the Public Works Director. FY 2019 Starmwater Agreement CDM Smlth_20181031 4 5. Coordination a. The Engineer shall hold monthly conferences with the Public Works Director, hereinafter termed "Director," or his representatives to the end that the Project as developed shall have the full benefit of the City's experience and knowledge of existing needs and facilities, and be consistent with its current policies and standards. To assist the Engineer in this coordination, the City shall make available for the Engineer's use in planning and designing the project all existing plans, maps, field notes, statistics, computations, and other data in its possession relative to existing facilities and to this particular Project, at no cost to the Engineer. However, any,and all such information shall remain the property of the City and shall be returned if instructed to do so by the Director. b. The Director will act on behalf of the City with respect to the work to be performed under this Agreement. He shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to materials, equipment, elements and systems pertinent to Engineer's services. c. The City will give prompt written notice to the Engineer whenever the City observes or otherwise becomes aware of any defect (error or omission) in the Engineer's services or any development that affects the scope or timing of Engineer's services. d. The Engineer shall promptly report, in writing, to the City of any development that would affect the scope or timing of the Project. 6. Fee Schedule a. General For and in consideration of the services to be rendered by the Engineer in this Agreement, the City shall pay and the Engineer shall receive the compensation hereinafter set forth for the Engineer's services described in Sections II, III, and IV. B. Basic and Special Services The basis of compensation for Basic and Special Services shall be at the standard hourly rates and expenses as provided in the Schedule of Hourly Rates and Expenses shown on Attachment A. The Engineer agrees that the total services and expenses shall not exceed $225,000 without the City's prior written authorization. C. Additional Services Compensation for Additional Services that are authorized by the Director shall be determined based on the standard hourly rates and expenses as shown in Attachment A and shall not exceed an amount to be determined at the time the Additional Services are requested. FY 2019 Stnrmweter Agreement CDM Smlth_20181031 5 1. City Payments a. Payments shall be made to the Engineer based on the several phases as described above and in accordance with the following: i. One hundred percent (100%) of the amount due the Engineer for work performed in each phase shall be payable on a monthly basis. b. Payment shall be made within thirty (30) days after submittal of the request for payment for work performed. Payment shall be considered past due forty-five (45) days after submittal. c. The City reserves the right to make an audit of charges claimed for this agreement for services. 2. Revisions to Drawings and Specifications (not applicable to this agreement) The Engineer shall make, without additional expense to the City over and above the basic fee, such revisions to the Design Phase as may be required to meet the needs of the City. After approval of the Design Phase by the City, any revisions, additions, or other modifications made at the City's request that involves extra services and expenses to the Engineer shall be subject to additional compensation to the Engineer for such extra services and expenses. 3. Ownership of Documents All documents including the original drawings, estimates, specifications, field notes and data, will remain the property of the Engineer as instruments of service. However, it is to be understood that the City shall have free access to all such information with the right to make and retain copies of drawings and all other documents including field notes and data. Any re- use without specific written verification or adaptation by Engineer will be at City's sole risk and without liability or legal exposure to Engineer. 4. Termination Either party to this Agreement may terminate the Agreement by giving the other thirty (30) days notice in writing and in accordance with the following procedure: a. Upon delivery of such notice by either party to the party, and upon expiration of the thirty day period, the Engineer shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such others or contracts are chargeable to this Agreement. As soon as practicable after receipt of notice of termination, the Engineer shall submit a statement, showing in detail the services performed under this Agreement to the date of termination. The Owner shall then pay the Engineer promptly that proportion of the prescribed charge to which the service actually performed under this Agreement is applicable and useable to this Project, less such payments on account of the charges as have been previously made. Copies of FY 2019 Stormwater Agreement CDM Smith_20181031 specifications prepared under this Agreement shall be delivered to the City when and if this Agreement is terminated, but subject to the restrictions, as to their use, as set forth in Section VIII. b. Failure by the Engineer to comply with the submittal of the statement, and documents as required above shall constitute a waiver by the Engineer of any and all rights or claims to collect any monies that the Engineer may rightfully be entitled to for services performed under this Agreement. 5. Engineer's Warranty The Engineer warrants that he has not employed or retained any company or person other than a bona fide employee working solely for the Engineer to solicit or secure this Contract, and that he has not for the purpose of soliciting or securing this Contract paid or agreed to pay any company or person, other than a bona fide employee working solely for the Engineer, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. 6. Equal Employment Opportunity The Engineer agrees to follow the Minority Business Enterprise requirements and/or develop an Affirmative Action Plan as set forth by the City. 7. Assignment or Transfer of Interest The Engineer shall not assign or transfer its interest in the Contract without the written consent of the City. 8. Indemnification/Liability The Engineer shall save and hold harmless the City from all claims and liability due to activities of himself, his agents, or employees, performed under this Contract and which result from a negligent act, error or omission of the Engineer or of any person employed by the Engineer. The Engineer shall also save harmless the City from any and all expenses, including attorney fees which might be incurred by the City in litigation or otherwise resisting said claim or liabilities which might be imposed on the City as result of such activities by the Engineer, his agents, or employees. The Engineer shall, within one week after signing the contract and before any work shall start, furnish the city with certificates of insurance naming the City as additional insured satisfactory to the City indicating the existence of Statutory Workmen's Compensation Insurance, and comprehensive General Liability Insurance. Such insurance shall be at the Engineer's expense. The limits shall be as follows: Comprehensive General Liability and Auto Liability Insurance shall not be less than $1,000,000.00 per incident / $1,000,000.00 per occurrence. FY 2019 Stormwater Agreement CDM Smith_20181031 7 These certificates shall contain a provision that the City shall be notified thirty (30) days before cancellation of the insurance. The Engineer shall maintain such insurance in force during the life' of the contract and no modification or change of insurance carriage and provision shall be made without thirty (30) days written advance notice to the City. 9. Estimates of Cost Since the Engineer has no control over the cost of labor, materials, or equipment or over the contractor's methods of determining prices, or over competitive bidding or market conditions, his opinions of probable Project Cost or Construction Cost provided for herein are to be made on the basis of his experience and qualifications and represent his best judgment as a design professional familiar with the construction industry but the Engineer cannot and does not guarantee that proposals, bids or the construction cost will not vary from opinions of probable cost prepared by him. 10. Interest in City Contracts Prohibited No officer or employee of the City shall have a financial interest, direct or indirect, in any Contract with the City, or shall be financially interested, directly or indirectly, in the sale to the City of any land, materials, supplies or service, except on behalf of the City as an officer or employee. 11. Entire Agreement This Agreement represents the entire and integrated Agreement between the City and Engineer and supersedes all prior negotiation, representatives, or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Engineer. FY 2019 Stormwater Agreement CDM Smlth_20181031 SECTION 2 IN WITNESS WHEREOF, the City of Beaumont has lawfully caused these presents to be executed by the hand of the City Manager of said City, and the corporate seal of said City to be hereunto affixed and this instrument to be attested by the City Clerk, and the said Engineer, acting by the hand of Amber Batson thereunto authorized signee title, does now sign, execute and deliver this document. Done at Beaumont, Texas, on this CDM SMITH By: Principal MAN - . We - J0, W.�*j E�w FY 2019 Slormxater Agreement CDM Smith_20181031 9 day of , A.D. 20t8. CITY OF BEAUMONT By: City Manager Attest: ATTACHMENT A SCHEDULE OF HOURLY RATES AND EXPENSE FY 2019 Stmmwater Agreement CDM Smlth_20181031 C Attachment A Schedule of Hourly Billing Rates CDM Schedule of Hourly Billing Rates October 1, 2018 through September 30, 2019 Hourly Rates Clerical $85.00 Staff Support Services $105.00 Senior Support Services $140.00 Technical/Professional Services: Technician I $105.00 Technician II $130.00 Professional I $115.00 Professional I1 $125.00 Professional III $145.00 Professional IV $155.00 Professional V $165.00 Senior Professional $180.00 Principal/Associate/Senior Technical Specialist $225.00 Vice President / Senior Vice President / Officer/Senior $290.00 Technical Consultant Monthly invoices will be generated using the above billing rates and field investigation unit rates. All subconsultant expenses are subject to handling/administrative charge of 10%. Other project related expenses (ODCs) are also subject to a 10% administrative charge. CDM - Smith 1 Chica and Associates October 1, 2018 through September 30, 2019 Chica & Associates Technical/Professional Services- Clerical/Administrative Engineering Technician EIT Project Engineer Senior Project Engineer Project Manager $65.00 $81.00 $100.00 $120.00 $160.00 $180.00 All sub -consultants (OP) expenses are subject to a handling/administrative charge of 10%. Other project related (ODC) expenses are also subject to a 10% administrative charge. Monthly invoices will be generated using the above billing rates. 2 3 November 13, 2018 Consider authorizing the City Manager to enter into an agreement with Pour Brothers Brewery, LLC, and Angie and Collburn McClelland for economic development incentives under the Neighborhood Empowerment Zone Program BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager (/-J(3 PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: November 13, 2018 REQUESTED ACTION: Council consider authorizing the City Manager to enter into an agreement with Pour Brothers Brewery, LLC, and Angie and Collburn McClelland for economic development incentives under the Neighborhood Empowerment Zone Program. BACKGROUND Recently the City established the Downtown Empowerment Zone in order to encourage further redevelopment of Downtown Beaumont. The purpose of the zone is to offer economic incentives in this area to attract new businesses and residences as well as encourage the redevelopment or growth of existing businesses and residences. Specifically, the zone offers the following economic development incentives. 1) A possible three (3) year, 100% municipal tax abatement for all added value for investments greater than $50,000 for residential uses and $75,000 for all other uses and a possible, additional four (4) year, 100% abatement for projects in excess of $5 Million. 2) Building fee waivers (not including tap and meter fees). 3) Expedited permit review. 4) Lien waivers for any lien claimed by the City for demolition or high grass abatement expenditures. Pour Brothers Brewery, LLC as the business -owner and Angie and Collburn McClelland as the property owners are seeking the benefit from these Empowerment Zone incentives in order to aid in the development of a craft brewery and taproom at 585 Wall. Their plan includes an investment of $150,000 in the facility. As such, under the Empowerment Zone Guidelines, if approved, Pour Brother's project would be eligible for a three (3) year abatement of city property taxes, building fee waivers, expedited permit review, as well as lien waivers. Attached is their application, outlining their requests for all eligible benefits, except lien waivers. The Administration believes that #his project would meet the goals of the Empowerment Zone, Program and the new brewery and taproom would help to further the redevelopment of our Downtown. Indeed, craft breweries, along with events, hotels and new residential options, have proven to be strong catalysts in the redevelopment of many downtowns across the country. It is our hope and belief that Downtown Beaumont's first craft brewery will fitrther these redevelopment efforts. Attached is their application as well as the draft abatement agreement. FUNDING SOURCE Revenues from waived fees and abated ad -valorem taxes would be forgone, but the long-term economic impact associated with new development should positively affect future budgets. RECOMMENDATION Approval of the resolution. arca W178 OPPOniONITY.` BEENUM0,11* CITY OF BEAUMONT APPLICATION FOR NEIGHBORHOOD EMPOWERMENT ZONE DEVELOPMENT INCENTIVES The purpose of this application is to present to the City of Beaumont a reasonably comprehensive outline of the project for which the incentives are requested. Please review the Neighborhood Empowerment Zone guidelines carefully before completing this application. If additional space is needed, separate sheets may be attached. Types of incentives that you are seeking: 0 Building Fee Waivers (9 Expedited Permit Review ® Lien Waivers ® Tax Abatement DESCRIPTION OF PROJECT 1. Legal name and address of applicant: Pour Brothers Brewery, LLC; 470 Orleans, Suite 810; Beaumont, TX 77701 2. Type of organization (Corporation, Ltd. Partnership, etc.): Limited Liability Company (LLC) 3. Date organization formed: 10/26/2016 4. Address and telephone number of headquarters location: 470 Orleans, Suite 810; Beaumont, TX 77701; 409.832.7400 5. State(s) in which business is registered: Texas 6. Other locations of this business (names of cities): N/A 7. Is business current with all taxes? Yes 8. Name, address, and telephone number of principal officers: Michael Broussard: 409.832.7400; Nick McLaughlin: 409.679.4544; Joel Hollier: 409.239.7998 9. Name, address & phone number of designated contact person: Joel Hollier; 5730 Viking Dr; Beaumont, TX 77706; 409.239.7998 10. Type of business to be conducted and goods or services to be produced or provided: Production Brewery with taproom; Beer & malt beverages (canned, kegged, and on -tap in taproom); selection of promotional soft goods 11. Location of project (street address): 585 Wall St; Beaumont, TX 77701 12. Legal (lot, block & subdivision) description of the project (Attach plat of property): Legal Description: LTS 397 & 398 BLK 56 BMT; Neighborhood: 101 -SA 13. Identify and describe the kind, number and location of all improvements to the physical property and discuss the development schedule of the proposed improvements. Initial installation of brewery equipment: walk-in freezer; grain mill; 1 x brewhouse (mash tun, hot liquor tank, boil kettle); 4 x fermenters; 4 x bright tanks; automatic canning system; keg cleanter/filler; cold liquor tank; glycol chiller 1 x Trench drain for brewing equipment - West end of warehouse space; 1 x 3-phase electrical meter and box - Exterior, rear west end of warehouse space; 1 x 2.5-3" water main - Exterior, replace existing main; 1 x Business sign - Exterior, above main entry doorway; 1 x Painted wall sign - Exterior, west side of main building between main entry and first warehouse door; 2-4 x Up/down lights - Exterior, to illuminate signage; Re -seal roof against leaks/seapage - Eastern edge of main building & as -needed on entirety of main building roof; Re -seal exterior walls against leaks/seapage - Eastern wall of main building & as -needed on entirety of main building; Build -out of exterior lawn space for tap -room use - picnic tables, yard games, lighting, moveable patio heaters/fans Currently reviewing contractor quotes. Preliminary schedule is to have all renovations completed by 05/01/2019 14. What infrastructure construction will be required to serve the proposed project? What is the estimated cost of this construction? 3-phase electrical installation; sewer line for floor drain; grain room construction; boiler room construction Estimated $150,000 for these items 15. Estimated construction commencement date: 11/15/2018 16. Estimated construction completion date: 03/28/2019 17. Estimated date for project to be operational: 04/30/2019 18. City liens requested to be released: None EMPLOYMENT IMPACT (for Non-residential Projects) 19. What is the estimated number of permanent full-time new jobs that will be created? 10 over first 10 years of operation 20. What percentage of employees do you anticipate will be residents living in: (a) the Neighborhood Empowerment Zone 10% (b) City of Beaumont 60% (c) Jefferson County 90% (d) Outside Jefferson County 10% 21. How many new, temporary and part-time jobs will be created in Beaumont? 8 over first 10 years of operation 22. What types of jobs will be created? Management; warehouse labor; brewing technicians; delivery drivers; serving staff 23. What will be the total project annual payroll of the newly created jobs? $620,000/year prior to taxes and benefits 24. Will specialized training be required? If so, what type? Yes. Brewing technicians and assistants will need to be trained in the use of the equipment and brewing techniques. FISCAL IMPACT 25. Is there an anticipated cost to the City of Beaumont for providing municipal services to the proposed project? No COMMUNITY IMPACT 28. Do you anticipate the proposed project having a substantial impact on the local , residential, commercial or retail market? Yes. In multiple cities across the country, microbreweries have proven to revitalize their areas of operations by being a draw for locals and tourists alike. 29. Will rezoning and platting/replatting be required? No 2 It is understood that the information provided herein is based on estimates and projections, but that such estimates and projections have been fully investigated and made in good faith as to their accuracy. It is further understood that any information provided herein that is actual and not estimated is represented to be true and correct. information herein, which is misrepresented as true and correct or for which there is good faith basis, may result in the denial of consideration for or termination of incen agreement. �� 08/28/018 If you have any questions about this application please call the Community Development Department at (409) 880-3762. CITY OF BEAUMONT STAFF RECOMMENDATION(S) AND/OR COMMENT(S): (To be completed by City of Beaumont Staff Only) 2. Recommendation: —JrApprove Disapprove Comments: RESOLUTION NO. WHEREAS, Pour Brothers Brewery, LLC and Collburn and Angie McClelland are proposing to develop a new craft brewery and taproom at 585 Wall Street in the City of Beaumont, Texas; and, WHEREAS, this development is projected to be an investment of $150,00.00 in the facility, a substantial investment as outlined in the Neighborhood Empowerment Zone Policy and would, therefore, be eligible for consideration for an abatement of City taxes for up to a period of three (3) years; and, WHEREAS, the Neighborhood Empowerment. Zones are intended to attract this type of economic development in areas of the City with higher concentrations of low to moderate income families and limited redevelopment by offering incentives such as tax abatement; 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 a Neighborhood Empowerment Zone Tax Abatement Agreement with Pour Brothers Brewery, LLC, a Texas limited liability company and Collburn and Angie McClelland offering economic incentives to encourage the development of a craft brewery and taproom with a projected investment value in the building of $150,000.00 at 585 Wall Street in the City of Beaumont within Neighborhood Empowerment Zone #5. The substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. 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 13th day of November, 2018. - Mayor Becky Ames - STATE OF TEXAS COUNTY OF JEFFERSON AGREEMENT This Agreement is entered into by and between the City of Beaumont, Texas, a home -rule city and municipal corporation of Jefferson County, Texas, acting herein by and through its City Manager, hereinafter referred to as "City"; and Pour Brothers Brewery, LLC, 470 Orleans, Beaumont, Texas, hereinafter referred to as "Business Owner" and Collburn & Angie McClelland, 414 Dowlen, Beaumont, Texas, hereinafter referred to as "Property Owner". WITNESSETH: WHEREAS, On the eighth day of December, 2015, the City Council of the City of Beaumont, Texas, passed Ordinance No. _15-055establishing the boundaries of Empowerment Zone Number Five, for residential and commercial tax abatements as authorized by Vernon's Texas Civil Statutes Tax Code, Section 312.001 and Chapter 378 of the Texas Local Government Code, et seq, as amended, hereinafter referred to as "Statute". WHEREAS, in order to maintain and/or enhance the local economy and/or provide quality, affordable housing, in accordance with said Ordinance and Statute, the. City, Pour Brothers Brewery, known herein as the Business Owner, and Angie and Collburn McClelland, known herein as the Property Owner, do mutually agree as follows: 1. The property, knoyv_n_as the "Premises" to be the subject of this Agreement shall be the property at 4<Wall, Beaumont, Texas and described as Lots 397 and 398, Block 56, Beaumont, Neighborhood 101 -SA. 2. The Business Owner shall cause to be developed a production brewery with taproom, known herein as the "Project," on the Premises and shall not have a EXHIBIT "A" construction cost less than $75,000 and shall be completed not later than December 31, 2019. 3. The Business Owner and Property Owner agree to pursue these improvements as good and valuable consideration of this Agreement. 4. In the event that the Project and improvements for which an abatement has been granted are not completed in accordance with this Agreement, then this Agreement shall be subject to termination and all delinquent taxes and taxes which otherwise would have been paid to the City without the benefit of abatement will become a debt to the City and shall be due, owing and paid to the City within sixty (60) days of any such event. In the event that the Business Owner or Property Owner defaults in the terms and conditions of this Agreement, the City shall give the Business Owner and Property Owner written notice of such default and if the Business Owner or Property Owner has not cured such default within thirty (30) days of said written notice, this Agreement may be terminated by the City. Notices shall be in writing and shall be delivered by personal delivery or certified mail addressed as follows: Joel Hollier Pour Brothers Brewery, LLC 470 Orleans, Suite 810 Beaumont, Texas 77701 Angie & Colburn McClelland 414 Dowlen Beaumont, Texas 77706 5. In the event that the City should fail to. timely or substantially comply with any one or more of the requirements, obligations, duties, terms, conditions or warranties of this Agreement, such failures shall be an Act of Default by the City and the City shall have ninety (90) days to cure and remove the Default upon receipt of written notice to do so from the Business Owner or Property Owner. The Business Owner and Property Owner specifically agree that the City shall only be liable to the Business Owner and RPA Property Owner for the amount of waivers and abatement, outlined herein, attorney's fees, and costs of court, shalLnot be liable to the Business Owner or Property Owner for any alleged consequential damages. The Business Owner and Property Owner hereby waives any rights or remedies available to it at law or in equity. Notices shall be in writing and shall be delivered by personal delivery or certified mail addressed as follows: Kyle Hayes, City Manager City of Beaumont 801 Main Beaumont, TX 77701 6. The terms and conditions of this Agreement are binding upon the successors and assigns of all parties hereto. Other than assignment to a Pour Brothers Brewery, LLC affiliate, this Agreement cannot be assigned by the Business Owner or Property Owner to anyone or any other entity which is not an affiliate of Pour Brothers Brewery, LLC, unless written permission is first granted by the City, which permission shall be in the sole discretion of the City. 7. The Business Owner and Property Owner agrees to hold the City harmless from any and all kinds of claims, losses, damages, injuries, suits or judgments involving the City and relating to such improvements. 8. The City shall have reasonable right to inspect the Premises and Project during regular daylight hours to ensure that the improvements are made according to the terms of this Agreement. In addition, the Business Owner agrees to provide records and documentation to the City, sufficient to verify improvements and employment data in order to ensure performance under this agreement. 9. Subject to the terms and conditions of this Agreement, all increases in taxes owed to the City, assessed from the ad valorem real value resulting from these improvements of these Premises, are hereby abated in their entirety for a period of three (3) year beginning January 1, 2019. 10. In addition, an exemption from planning and building fees associated with new constructiori, though not including water tap fees, shall be made as part of this agreement. 11. In addition, the City and the Business Owner agree to cooperate with one another to facilitate the expeditious processing of permits, including zoning applications (s), subdivision applications, plat approvals, development application (s) and building permit applications required for the completion of the project, in accordance with State Statutes and City Ordinances. 12. The City and the Business Owner and Property Owner each agree to act in good faith and to do all things reasonably necessary or appropriate to carry out the terms and provisions of this agreement, and to aid and assist the other in carrying out such terms and provisions in order to put the other in the same condition contemplated by this Agreement. 13. If the Business Owner or Property Owner elects not to proceed with the development of the project as contemplated by this Agreement, the Business Owner or Property Owner will notify all parties in writing and the obligations of either the Business Owner or Property Owner and the City will be deemed terminated and of no farther force or effect as of the date of such notice, except those that expressly survive the termination hereof, if any. 14. This Agreement was authorized by resolution of the City Council at its meeting on the , authorizing the City Manager to execute the Agreement on behalf of the City. 15. This shall constitute a valid and binding agreement between the City and the Business Owner and Property Owner when executed on behalf of said parties, for the abatement of City ad valorem taxes in accordance therewith. The Agreement is performable in Jefferson County, Texas, witness our hands This day of , M CITY OF BEAUMONT By: ATTEST: Tina Broussard City Clerk BUSINESS OWNER f By: Joel Hollier ATTEST: PROPERTY OWNERS By: Ani By: Col ATTEST: w. Kyle Hayes City Manager G D November 13, 2018 Consider a resolution approving a contract with Lanier & Associates Consulting Engineers, Inc., for Professional Engineering Services related to Riverfront Park Damages BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: November 13, 2018 REQUESTED ACTION: Council consider a resolution approving a contract with Lanier & Associates Consulting Engineers, Inc., for Professional Engineering Services related to Riverfront Park Damages. BACKGROUND Flood waters during Tropical Storm Harvey caused major damage to Riverfront Park. A Request for Qualifications (RFQ) was solicited from vendors, and on September 27, 2018, three (3) responses were received. Upon review, it was determined based on Criteria Evaluation Scores that Lanier & Associates Consulting Engineers, Inc., be recommended for award. If approved, Lanier & Associates Consulting Engineers, Inc., will provide professional engineering services outlined in Attachment "A" of the agreement. A brief summary of activities to be provided by the consultant is indicated below: • Attend a Kickoff Meeting on site with the City to define the scope and site limits of project. • Prepare a Design Basis Document for the City to review and make comments on. • Perform Hydrographic and Topographic Surveys of the site. • Develop Pre and Post Harvey Plans and Sections. • Develop Conceptual Repair Drawings. • Develop an Opinion of Probable Cost. • Prepare and Submit a United States Army Corps of Engineers (USACE) Regulatory Permit Package. • Prepare and Submit a USACE Real Estate Permit Package. • Solicit Bids from Environmental and Geotechnical Consultants. November 13, 2018 Professional Engineering Services Riverfront Park Damages Page 2 FUNDING SOURCE Ninety percent (90%) of the fees will be covered by FEMA, with the remaining fees to be funded by other grants or the Capital Program. 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 an Engineering Services Contract with Lanier & Associates Consulting Engineers, Inc. for engineering services related to Riverfront Park damages incurred during Hurricane/TS Harvey. The contract is attached hereto at Exhibit "A" and made a part hereof for all purposes. 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 13th day of November, 2018. - Mayor Becky Ames - ENGINEERING SERVICES CONTRACT STATE OF TEXAS COUNTY OF JEFFERSON CITY OF BEAUMONT CONTRACTFOR CITY OF BEAUMONT Riverfront Park Damages Due to Tropical Storm Harvey SECTION 1 This Agreement made and entered into in Beaumont, Jefferson County, Texas between the City of Beaumont, a Municipal Corporation in the State of Texas, hereinafter termed "City", and Lanier & Associates Consulting Engineers, Inc., incorporated in the state of Louisiana, duly licensed, and practicing under the laws of the State of Texas, hereinafter termed "Engineer", said Agreement being executed by the City pursuant to the City Charter and Ordinances and Resolutions of the City Council, and by said Engineer for Engineering Services hereinafter set forth in connection with the above designated Project for the City of Beaumont. The City is awarding this contract in accordance with the State of Texas Government Code 2254, Professional and Consulting Services. I. General A. Detailed Project Description The Engineer shall furnish Deliverables and Services for Riverfront Park due to Tropical Storm Harvey as further defined in Attachment "A". B. The Engineer shall not commence work on this proposed Project until he has been notified in writing to proceed. The Engineer, in consideration for the compensation herein provided, shall render all professional services necessary for the development of the tasks and items, as provided in this Agreement. Riverfront Park Damages — Lanier & Associates EXHIBIT "A" H. Basic Services The Engineer shall perform the following basic services under this Contract as described in Attachment "A", Project Description and Scope of Work. A. The Engineer shall: PHASE I - PRELIMINARY ENGINEERING 1. Attend a Kickoff Meetina on site with the City to define the scope and site limits of project. 2. Prepare a Design Basis Document for the City to review and comment on. 3. Perform Hydrog,_raphic and Topographic Surveys of the site -Lanier will perform hydrographic and topographic surveys in order to develop post storm plan and section drawings of the City's property. 4. Develop Pre and Post Harvey Plans and Sections to delineate the loss of waterfront and material the City experienced as a result of Tropical Storm Harvey. Historical information acquired from the United States Corps of Engineers will be used to define the pre -storm condition. Material loss quantities will be calculated based on these drawings. The information is required by FEMA and will be provided to the City for appropriate distribution. 5. Coordinate with Tolunay-Wong Engineers. Inc., (TWE to provide a izeotechnical investigation of the area and produce a geotechnical reportwith desimn recommendations, for use by the City and Lanier during the preliminary and detailed design phase of the project. TWE's proposal is attached to this letter for reference. 6. Develop Conceptual Repair Drawings describing a method to stabilize the City's waterfront. 7. Develop an Opinion of Probable Cost of the concept presented in the conceptual drawings for the City's use for funding as well as a "cost to return to pre -disaster condition" as required by FEMA. 8. Attend aWrap-Up Meeting with the City to present the assembled information to the City.to decide on the concept for permitting and detailed design. 9. Prepare and Submit a United States Army Corps of Engineers SAM Regulatory Permit Package — This effort includes preparation of the permit application itself, preparation of an 8.5"x11" permit drawing package, and Riverfront Park Damages — Lanier & Associates 2 preparation of other support documentation required by the application. This item assumes a meeting with the USACE in Galveston and well as an hour a week acting as the City's agent to follow up with the USACE after submission of the application. 10. Prepare and Submit a USACE Real Estate Permit Package - This effort includes preparation of the permit application itself, preparation of an 8.5"x11" permit drawing package, and preparation of other support documentation, such as a "DWG shape file" required by the application. This item assumes an hour a week acting as the City's agent to follow up with the USACE after submission of the application. 11. Coordinate with Horizon Environmental Services, Inc.,(Horizon) to assemble the necessary National Environmental Policy Act (NEPA) documents to be forwarded to the appropriate government agencies. The USACE permit package will require a wetland delineation of -the area. The wetland delineation would be included in the contract to provide NEPA documents. If wetlands are present, then a mitigation plan would be required to be submitted with the application. This proposal assumes no wetlands are present, so a mitigation plan is not included in this proposal. Horizon's proposal is attached to this letter for reference. III. Additional Services All work that will be performed by the Engineer at the request of the City that is described in this paragraph and not included in the paragraphs above shall constitute Additional Services. Additional Services to be performed by the Engineer under an additional contract. Additional Services -shall include, but are not limited to the following: PHASE II — DETAILED ENGINEERING Perform Design Calculations needed to develop the preliminary design into a full implementable repair solution. 2. Develop Detailed "Issued for Bids" Design Drawings of the repair solution to be used to solicit competitive bids from contractors. 3. Assemble a Technical Specification Package to supplement the design drawings. This document would include necessary information for the construction of the repair, for use by the selected contractor. PHASE III — CONSTRUCTION SUPPORT 1. Attend Pre -Bid Meeting with Potential Bidders. Lanier will attend a meeting with the City and interested contractors to review the design drawings and Riverfront Park Damages — Lanier & Associates 3 specifications and answer questions. A site visit for potential bidders to see the construction site would be part of this meeting. 2. Review Bids and Provide Proj ect Award Advice. Lanier will review the bids with the City and help the City make an informed decision on whom to award the project to. 3. Assemble "Approved for Construction" Drawings incorporating any changes made during the bid package, in order to issue to the contract recipient. 4. Attend Pre -Construction Meeting with the selected contractor and his sub- contractor(s) to review their proposed schedule, answer questions, and discuss any potential concerns. 5. Review and Approve Contractor Submittals and -Shop Drawings to monitor for contractor, supplier, and/or fabricator compliance with contract documents and specifications. 6. Provide Full -Time Construction Observation by one of our qualified field personnel. Lanier personnel will witness construction progress and provide documentation for the City's records. Down-time, construction issues, and field changes will be relayed to the owner for appropriate action. 7. Review and Comment of Contractor Invoices for City approval. Invoices submitted by the contractor will be verified against construction observation reports with field personnel for the City's acceptance and payment. IV. Coordination A. The Engineer shall hold monthly conferences with the Director of Public Works or his representatives to the end that the Project as developed shall have the full benefit of the City's experience and knowledge of existing needs and facilities, and be consistent with its current policies and standards. To assist the Engineer in this coordination, the City shall make available for the Engineer's use in planing and designing the Project all existing plans, maps, field notes, statistics, computations, and other data in its possession relative to existing facilities and to this particular Project, at no cost to the Engineer. However, any and all such information shall remain the property of the City and shall be returned if instructed to do so by the Director of Public Works. B. The Director of Public Works will act on behalf of the City with respect to the work to be performed under this Agreement. He shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to materials, equipment, elements and systems pertinent to Engineer's services. C. The City will give prompt written notice to the Engineer whenever the City observes Riverfront Park Damages — Lanier & Associates 4 or otherwise becomes aware of any defect in the Engineer's services or any development that affects the scope or timing of Engineer's services. D. The City shall furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be determined to be necessary by the City for the completion of the Project. The Engineer will provide the City reasonable assistance in connection with such approvals and permits such as furnishing of data compiled by the Engineer pursuant to other provisions of the contract, but shall not be obligated to develop additional data, prepare extensive reports or appear at hearings or the like unless compensated therefore under other provisions on this contract. E. The Engineer shall promptly report, in writing, to the City any development that would affect the scope or timing of the Project. V. Fee Schedule A. General For and in consideration of the services to be rendered by the Engineer in this, Agreement, the City shall pay the Engineer and the Engineer shall receive the compensation hereinafter set forth for the Engineer's services described in Sections II, III, and IV. B. Engineering Services The basis of compensation for Engineering Services shall be on a time and materials basis as noted in including in Attachment "A". The basic fee shall not exceed $217,500. B. Compensation for Additional Services that are authorized by the City shall be determined when needed. VI. City Payments A. Payments shall be made to the Engineer based on the several phases as described above and in accordance with the following: 1. One hundred percent (100%) of the amount due the Engineer for work performed in each phase shall be payable on a monthly basis. B. Payment shall be made within thirty (30) days after submittal of the request for payment for work performed. Payment shall be considered past due forty-five (45) days after submittal. Riverfront Park Damages — Lanier & Associates 5 C. The City reserves the right to make an audit of charges claimed for this contract for services. VII. Revisions to Drawings and Specifications The Engineer shall make, without additional expense to the City over and above the basic fee, such revisions to the Final Phase as may be required to meet the needs of the City. After approval of the Final Phase by the City, any revisions, additions, or other modifications made at the City's request that involves extra services and expenses to the Engineer shall be subject to additional compensation to the Engineer for such extra services and expenses. VIII. Ownership of Documents All documents including the original drawings, estimates, specifications, field notes and data, will remain the property of the Engineer as instruments of service. However, it is to be understood that the City shall have free access to all such information with the right to make and retain copies of drawings and all other documents including field notes and data. Any reuse without specific written verification or adaptation by Engineer will be at City's sole risk and without liability or legal exposure to Engineer. IX. Termination Either party to this Agreement may terminate the Agreement by giving the other thirty (3 0) days notice in writing and in accordance with the following procedure: A. Upon delivery of such notice by either parry to the party, and upon expiration of the thirty day period, the Engineer shall discontinue all services in connection with the performance this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such others or contracts are chargeable to this Agreement. As soon as practicable after receipt of notice of termination, the Engineer shall submit a statement, showing in detail the services performed under this Agreement to the date of termination. The Owner shall then pay the Engineer promptly that proportion of the prescribed charges which the service actually performed under this Agreement that is applicable and useable of this Project, less such payments on account of the charges as have been previously made. Copies of specifications prepared under this Agreement shall be delivered to the City when and if this Agreement is terminated, but subject to the restrictions, as to their use, as set forth in Section VIII. B. Failure by the Engineer to comply with the submittal of the statement, and documents as required above shall constitute a waiver by the Engineer of any and all rights or claims to collect any monies that the Engineer may rightfully be entitled to for services performed under this Agreement. Riverfront Park Damages — Lanier & Associates 6 X. Engineer's Warranty The Engineer warrants that he has not employed or retained any company or person other than a bona fide employee working solely for the Engineer to solicit or secure this Contract, and that he has not for the purpose of soliciting or securing this Contract paid or agreed to pay any company or person, other than a bona fide employee working solely for the Engineer, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. XI. Equal Employment Opportunity The Engineer agrees to follow the City's Minority Business Enterprise Policy. XII. Assignment or Transfer of Interest The Engineer shall not assign or transfer its interest in the Contract without the written consent of the City. XIII. INDEMNIFICATION/LIABILITY THE ENGINEER SHALL SAVE HARMLESS THE CITY FROM CLAIMS AND LIABILITY DUE TO ACTIVITIES OF HIMSELF, HIS AGENTS, OR EMPLOYEES, PERFORMED UNDER THIS CONTRACT AND WHICH RESULT FROM AN ERROR, OMISSION, OR NEGLIGENT ACT OF THE ENGINEER OR OF ANY PERSON EMPLOYED BY THE ENGINEER. THE ENGINEER SHALL ALSO SAVE HARMLESS THE CITY TO THE EXTENT OF ENGINEER'S ERROR, OMISSION OR NEGLIGENT ACT FROM EXPENSES, INCLUDING ATTORNEY FEES WHICH MIGHT BE INCURRED BY THE CITY IN LITIGATION OR OTHERWISE RESISTING SAID CLAIM OR LIABILITIES WHICH MIGHT BE IMPOSED ON THE CITY AS RESULT OF SUCH ACTIVITIES BY THE ENGINEER, HIS AGENTS, OR EMPLOYEES. Notwithstanding the foregoing provision, Engineer agrees to indemnify and hold harmless the City for any personal injury claims arising from their employees, agents, or designees that may occur in connection with this agreement. The Engineer shall, within one week after signing the contract and before any work shall start, furnish the City with certificates of insurance, excluding professional liability and workmen's compensation naming the City as additional insured satisfactory to the City indicating the existence of Statutory Workmen's Compensation Insurance, and comprehensive General Liability Insurance and Professional Liability. Such insurance shall be at the Engineer's expense. The limits shall be as follows: Comprehensive General Liability and Auto Liability Insurance shall not be less than $1,000,000.00 per incident/$ 1,000,000.00 per occurrence. River&ont Park Damages — Lanier & Associates 7 These certificates shall contain a provision that the City shall be notified thirty (30) days before cancellation of the insurance. The Engineer shall maintain such insurance in force during the life of the contract and no material modification or change of insurance coverage shall be made without thirty (30) days written advance notice to the City. XIV. Estimates of Cost Since the Engineer has no control over the cost of labor, materials or equipment or over the contractor's methods of determining prices, or over competitive bidding or market conditions, his opinions of probable Project Cost or Construction Cost provided for herein are to be made on the basis of this experience and qualifications and represent the standard of care and skill ordinarily used by members of Engineer's profession practicing under similar circumstances at the same time and in the same locality as a design professional familiar with the construction industry but the Engineer cannot and does not guarantee that proposals, bids or the construction cost will not vary from opinions of probable cost prepared by him. XV. Interest in City Contracts Prohibited No officer or employee of the City shall have a financial interest, direct or indirect, in any Contract with the City, or shall be financially interested, directly or indirectly, in the sale to the City of any land, materials, supplies or service, except on behalf of the City as an officer or employee. XVI. Federal Requirements A. Agency Concurrence. Signature of a duly authorized representative of Agency in the space provided on the signature page hereof does not constitute a commitment to provide financial assistance or payments hereunder but does signify that this Agreement conforms to Agency's applicable requirements. B. Audit and Access to Records. For all negotiated contracts and negotiated modifications (except those of $10,000 or less), Owner, Agency, the Comptroller General, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the Engineer which are pertinent to the Agreement, for the purpose of making audits, examinations, excerpts, and transcriptions. Engineer shall maintain all required records for three years after final payment is made and all other pending matters are closed. C. Restrictions on Lobbying. Engineer and each Consultant shall comply with Restrictions on Lobbying (Public Law 101-121, Section 319) as supplemented by applicable Agency regulations. This Law applies to the recipients of contracts and subcontracts that exceed $100,000 at any tier under a Federal loan that exceeds $150,000 or a Federal grant that exceeds $100,000. If applicable, Engineer must complete a certification form on lobbying activities related to a specific Federal loan or grant that is a funding source for the Agreement. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or Riverfront Park Damages — Lanier & Associates 8 organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 USC 1352. Each tier shall disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Certification and disclosures are forwarded from tier to tier up to the Owner. Necessary` certification and disclosure forms shall be provided by Owner. D. Suspension and Debarment. Engineer certifies, by signing this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Engineer will not contract with any Consultant for this project if it or its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Necessary certification forms shall be provided by the Owner. XVII. Jurisdiction and Venue Jurisdiction and venue for all disputes between the City and the Engineer will be exclusively in the State District Court, Jefferson County, Texas, or Federal District Court for the Eastern District of Texas, Beaumont Division. XVIII. Entire Agreement This Agreement, together with Attachment "A", shall represent the entire integrated Agreement between the City and the Lanier & Associates Consulting Engineers, Inc., and supersedes all prior negotiation, representations, or agreements, either orally, or by written. This Agreement may be amended only by written instrument signed by both the City and Lanier & Associates Consulting Engineers, Inc. SECTION 2 IN WITNES S WHEREOF, the City of Beaumont has lawfully caused these presents to be executed by the hand of the City Manager of said City, and the Corporate Seal of said City to be hereunto affixed and this instrument to be attested by the City Clerk, and hereunto authorized David Cowart, P.E., does now sign, execute and deliver this document. Done at Beaumont, Texas, on this day of , A.D. 2018. Attest: Riverfront Park Damages — Lanier & Associates 9 Lanier & Associates Consulting Engineers, Inc. Witness: Attest: CITY OF BEAUMONT ED City Manager Attachment A Excellence By Design... Since 1974 LANIER & ASSOCIATES CONSULTING ENGINEERS, INC. Texas Registered Engineering Firm F-2981 October 24, 2018 (via email) Dr. Joseph Majdalani Public Works Director City of Beaumont 801 Main St., Beaumont, TX 77701 (,JoseRh.Maidalanai@,,beaumonttexas.gov) Re: City of Beaumont Riverfront Park Stabilization Preliminary Engineering Revised Proposal for Engineering Services Lanier No. 10888-0 'Dear Dr. Majdalani: Lanier & Associates Consulting Engineers, Inc. (Lanier) is pleased to present this revised proposal for engineering services related to the stabilization of the City of Beaumont's (City) shoreline at the Riverfront Park location in Beaumont, TX. As a result of the flooding during Tropical Storm Harvey, the City lost a significant portion of its shoreline in its Riverfront Park. In addition, the damage left the park and shoreline in an unstable and unusable condition. Due to the nature of the project this proposal is broken up into three (3) phases: Phase I - Preliminary Engineering; Phase II - Detailed Engineering; and Phase III - Construction Support. The scope of Phase I will be to identify the City's goals for stabilizing and repairing the park, and establishing a preliminary design which can then be further developed during a detailed engineering effort. The cost of the preliminary engineering effort is included in this proposal. The costs for the detailed engineering and construction support phases of the project will be provided at a later date after the scope of the project and repair concepts have been further developed during the preliminary engineering phase. The City has requested that Lanier provide the following proposal to provide preliminary engineering for this project. NEW ORLEANS 4101 Magazine Street, New Orleans, LA 70115 (5(4) 896-0368 FAX (504) 895-0586 BEAUMONT 595 Orleans Street, Suite 600, Beaumont, TX 77701 (409) 212-1051 FAX (409) 212-1541 'HOUSTON 3100 Timmons, Suite 435, Houston, TX 77027 (713) 554-5373 WEB SITE www.laruer-engineers.00m GENERAL EMAIL ADDRESS Infocla anier-ngineers.com Dr. Joseph Majdalani, City of Beaumont October 24, 2018 Page 2 PROPOSED SCOPE OF WORK Based on our current understanding of the project, the following is a list of tasks that we propose to undertake: PHASE I - PRELIMINARY ENGINEERING 1. Attend a Kickoff Meeting on site with the City to define the scope and site limits of project. 2. Prepare a Design Basis Document for the City to review and comment on. 3. Perform Hydrographic and Topographic Suryeys of the site. Lanier will perform hydrographic and topographic surveys in order to develop post storm plan and section drawings of the City's property. 4. Develop Pre and Post Harvey Plans and Sections to delineate the loss of waterfront and material the City experienced as a result of Tropical Storm Harvey. Historical information acquired from the United States Corps of Engineers will be used to define the pre -storm condition. Material loss quantities will be calculated based on these drawings. This information is required by FEMA and will be provided to the City for appropriate distribution. S. Coordinate with Tolunay-Wong Engineers, Inc. (TWEE to provide a geotechnical investigation of the area and produce a geotechnical report, with design recommendations, for use by the City and Lanier during the preliminary and detailed design phase of the project. TWE's proposal is attached to this letter for reference. 6. Develop Conceptual Repair Drawings describing a method to stabilize the City's waterfront. 7. Develop an Opinion of Probable Cost of the concept presented in the conceptual drawings for the City's use for funding as well as a "cost to return to pre -disaster condition" as required by FEMA. 8. Attend a Wrap Up Meeting with the City to present the assembled information to the City to decide on the concept for permitting and detailed design. Dr. Joseph Majdalani, City of Beaumont October 24, 2018 Page 3 9. Prepare and Submit a United States Armv Corps of En ing_ eery �USACE� Re atony Permit Package. This effort includes preparation of the permit application itself, preparation of an 8.5"xl 1" permit drawing package, and preparation of other support documentation required by the application. This item assumes a meeting with the USACE in Galveston and well as an hour a week acting as the City's agent to follow up with the USACE after submission of the application. 10. Prepare and Submit a USACE Real Estate Permit Package. This effort includes preparation of the permit application itself, preparation of an 8.5"x11" permit drawing package, and preparation of other support documentation, such as a "DWG shape file" required by the application. This item assumes an hour a week acting as the City's agent to follow up with the USACE after submission of the application. 11. Coordinate with Horizon Environmental Services, Inc. (Horizon) to assemble the necessary National Environmental Policy Act (NEPA) documents to be forwarded to the appropriate government agencies. The USACE permit package will require a wetland delineation of the area. The wetland delineation would be included in the contract to provide NEPA documents. If wetlands are present, then a mitigation plan would be required to be submitted- with the application. This proposal assumes no wetlands are present, so a mitigation plan is not included in this proposal. Horizon's proposal is attached to this letter for reference. PHASE II — DETAILED ENGINEERING 1. Perform Design Calculations needed to develop the preliminary design into a full implementable repair solution. 2. Develop Detailed "Issued for Bids" Design Drawings of the repair solution to be used to solicit competitive bids from contractors. 3. Assemble a Technical Specification Package to supplement the design drawings. This document would include necessary information for the construction of the repair, for use by the selected contractor. PHASE III — CONSTRUCTION SUPPORT 1. Attend Pre -Bid Meeting with Potential Bidders. Lanier will attend a meeting with the City and interested contractors to review the design drawings and specifications and answer questions. A site visit for potential bidders to see the construction site would be part of this meeting. Dr. Joseph Majdalani, City of Beaumont October 24, 2018 Page 4 2. Review Bids and Provide Project Award Advice. Lanier will review the bids with the City and help the City make an informed decision on whom to award the project to. 3. Assemble "Approved for Construction" Drawings incorporating any changes made during the bid package, in order to issue to the contract recipient. 4. Attend Pre -Construction Meeting with the selected contractor and his sub-contractor(s) to review their proposed schedule, answer questions, and discuss any potential concerns. 5. Review and Approve Contractor Submittals and Shop Drawings to monitor for contractor, supplier, and/or fabricator compliance with contract documents and specifications. b. Provide Full -Time Construction Observation by one of our qualified field personnel. Lanier personnel will witness construction progress and provide documentation for the City's records. Down-time, construction issues, and field changes will be relayed to the owner for appropriate'action. 7. Review and Comment of Contractor Invoices for City approval. Invoices submitted by the contractor will be verified against construction observation reports with field personnel for the City's acceptance and payment. DELIVERABLES FOR PHASE I —PRELIMINARY ENGINEERING We propose to provide the following list of deliverables associated with the work defined above in Phase I: • Design Basis Document • Pre and Post Harvey Plans and Sections • Geotechnical Report • Conceptual Repair Drawings • Opinion of Probable Cost for Conceptual Repair • Opinion of Probable Cost to Return Site to Pre -Disaster Condition • NEPA Coordination Letter • USACE Regulatory Permit Package • USACE Real Estate Permit Package CLARIFICATIONS FOR PHASE I — PRELIMINARY ENGINEERING For your consideration, we note the following clarifications which may be relevant to the project: Dr. Joseph Majdalani, City of Beaumont October 24, 2018 Page 5 This proposal includes USACE Regulatory and Real Estate permitting efforts. Please keep in mind permitting durations vary greatly and upon submission of a permit application realistic wait times can approach or, in some circumstances, exceed a year. 2. This proposal does not include assembling documents or applications for any grant funding, FEMA or otherwise, other than the specific tasks outlined in the above proposal. 3. The Conceptual Repair Drawings described in this proposal as, part of Phase I are for discussion and cost estimating purposes. Additional engineering in Phase II will be required in order to develop the drawing set into an "Approved for Construction" drawing package. 4. This proposal does not include a passing vessel study or scour analysis of the new structure. Lanier does not currently see a need for this, however if one is deemed necessary for permitting or otherwise, Lanier can coordinate with a consultant to provide these services at an additional cost. ESTIMATED COSTS & SCHEDULE FOR PHASE I — PRELIMINARY ENGINEERING We propose to perform the PHASE I — PRELIMINARY ENGINEERING tasks defined above on a RATE SCHEDULE BASIS in accordance with our current FEE PLAN at the time our services are provided. A copy of our 2017 FEE PLAN is attached. Rates in our Fee Plan are reviewed annually and may change in January of each year. We estimate the costs associated with the proposed PHASE I — PRELIMINARY ENGINEERING services (including TWE and Horizon's proposals with Lanier's 10% markup) will total $217,500, and be performed within 10 to 12weeks upon acceptance of this proposal. This cost and schedule is based on our best judgment of the project requirements known to us at the time of this proposal. The ultimate cost and schedule may be influenced favorably or adversely by changes in client needs, scope changes, or other project related circumstances, each of which shall be detailed in writing and presented to the client. Lanier looks forward to working with the City of Beaumont on this project. Should you have any questions or if we can be of any assistance, please don't hesitate to contact us at our Beaumont office. Dr. Joseph Majdalani, City of Beaumont October 24, 2018 Page 6 Very truly yours, LANIER & ASSOCIATES CONSULTING ENGINEERS, INC. Michael J. Schneider, P.E. Civil/Structural Engineer mschneider@lanier-engineers.com Accepted by: Title: Date: Email Address: Organization: Mailing Address: Encls: 2017 FEE PLAN TWE Proposal No. P18 -B285 Horizon Proposal dated: October 23, 2018 cc: David Cowart — Lanier & Associates November 13, 2018 Consider a resolution authorizing the City Manager to apply to the Texas Division of Emergency Management (TDEM) and the Texas General Land Office (GLO) for the buyout or elevation of twenty-seven (27) properties flooded during Hurricane Harvey BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager 6-'13 PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: November 13, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to apply to the Texas Division of Emergency Management (TDEM) and the Texas General Land Office (GLO) for the buyout or elevation of twenty-seven (27) properties flooded during Hurricane Harvey. , BACKGROUND As a result of flooding caused by Hurricane Harvey, many homes within the 100 -year floodplain received flood damage. During a Work Session held March 27, 2018, guidance was given to seek funding opportunities for the buyout or elevation of homes located within the 100 -year floodplain. Since that time, the Texas Division of Emergency Management (TDEM) has issued a call for applications to receive FEMA funds to cover 75% of the costs for such a program.. In addition, the Texas General Land Office has dedicated HUD funding to the City of Beaumont for buyouts that would cover the 25% local match for this program. It should be noted that additional GLO funds not used as a match for this application may still be available for the buyout of additional properties. Also, the General Land Office has indicated that'they will begin their Homeowners Assistance Plan, which may include additional elevation. or buyout opportunities within the next sixty (60) days. 14"Z I ML -1111 T" Funds would come from FEMA's Hazard Mitigation Grant Program (HMGP) through TDEM, with the local match being funded with HUD's CDBG-Disaster Recovery funds through the Texas General Land Office. RECOMMENDATION Approval of the resolution. HAZARD MITIGATION GRANT PROGRAM ACQUISITION/DEMOLITION PROJECT APPLICATION The City of Beaumont, TX (name and type of jurisdiction) proposes to acquire and demolish #27 properties impacted by flooding due to the effects of Hurricane Harvey eventdescription) and at risk of future flood events. The jurisdiction considered taking no action, as well as considering elevation of the structures, as a means of reducing risk. Acquisition and demolition was chosen as the most effective, long term solution to mitigate the risks of flooding. Acquiring and demolishing these properties will permanently remove them from harm's way and prevent future losses: A list of all the properties is provided in the attached Property Site spreadsheet along with other applicable project costs and relevant data. #0 alternate properties are included with this application and are detailed in a separate Property Site spreadsheet, attached. Post Mitigation Use After demolition of the acquired structures on the properties the land will be used as follows: ❑ Park/recreational El Wetlands management ❑ Nature reserve ❑ Cultivation ❑ Grazing ❑ Camping (adequate warning time must be available to allow for evacuation) El Unpaved use ❑ Other open space use, in accordance with 44 CFR § Part 80 Subpart C, please describe: Project Management Project management involves planning, executing, controlling, and completing the project in order to achieve specific goals and meet specific success criteria at the specified times, while providing updates on progress and issues (select one): 0 The local jurisdiction will manage the project. Q The local jurisdiction plans to hire a consultant/contractor to manage this project. 0 Other, please explain: ` The City of Beaumont has competitively procured JSWA to assist with both application development and post award implementation. JSWA has experience with over 4,900 FEMA funded voluntary acquisition/demolition projects. Voluntary Interest/Participation Interested homeowners will be required to sign Voluntary Interest/Participation forms to ensure that they are made aware that participation is voluntary, and that neither FEMA, the State/Tribe, nor the local jurisdiction will use eminent domain to acquire the properties. Signed Voluntary Interest Forms, or community meeting sign -in forms that include the information on voluntary participation and the signatures of interested homeowners, are included as documentation. Pre -event Fair Market Value vs. Current Fair Market Value Interested homeowners will fill out and sign a Citizenship form (Declaration & Release Form 90-69B) which will qualify or dis-qualify them for pre -event fair market value. Pre -event, fair market value (FMV) is offered to homeowners that are Nationals of the United States, or qualified aliens. Under certain circumstances, Nationals and qualified aliens may be offered current FMV. Homeowners that are not Nationals of the United States and are not qualified aliens will be offered current FMV. The jurisdiction generally will not combine pre -event fair market value offers and current fair market value offers to homeowners within one project. This project will include (select one): G) Pre -event, fair market value offers only. Nationality as established by Citizenship forms. 0 Current fair market value offers only. 0 A combination of pre -event and current FMV offers. Complete and thorough documentation is included to clarify the decision making process and identify which homeowners received pre - event and which received current FMV offers. Fair Market Value Determination Fair market value will be determined by: ❑ Assessor's office applying the local multiplier to the tax assessed value. The tax multiplier used is . Tax Cards and documentation of the local tax multiplier are attached. In the case of mobile homes not showing building value on the tax cards, official documentation from other sources will be provided, i.e. the DMV. ❑ Single Appraisal, performed by licensed appraisers, provided by the jurisdiction. Final Mitigation Offer The final Mitigation Offer to a property owner will be based on the value assigned to a property ("purchase offer") and applicable additions (such as supplemental housing or insurance incentive payments) and deductions (such as Duplication of Benefits). The jurisdiction will ensure that all property owners are treated fairly and are offered an equitable package of benefits. The jurisdiction will inform each property owner, in writing, of the market value (pre -event or current) of the property and the method used to determine the final Mitigation Offer. Appeals The jurisdiction will provide an appeal or reconsideration process for property owners who dispute the amount of the purchase offer property valuation. The selected appeals process: Q The homeowner may arrange for a second appraisal at homeowner's expense and the jurisdiction will use the higher of the two results to establish the property valuation, provided the appraisals are within 15% of each other. If the second appraisal differs from the first by more than 15%, the jurisdiction will provide an Appraisal Review performed by an independent third appraiser and use the results of the review to determine the property valuation. 0 Other, please explain: Duplication of Benefits The jurisdiction will ensure no Duplication of Benefits occurs by coordinating with the homeowners, State, Tribal, and Territory counterparts and FEMA, to determine possible sources of duplication and deducting these sums when determining the Mitigation Offers to be made to the homeowners. Duplication of Programs Properties acquired under this program must be permanently converted to open space and will be unavailable for future development, therefore, the jurisdiction will coordinate with the appropriate Federal agencies in accordance with 44 CFR Section 80.13 to ensure that other Federal actions are not anticipated that would affect the parcels under consideration for acquisition for open space. See list of required documentation/Consultation Letters below. Demolition Requirement The jurisdiction will demolish existing structures within 90 days of closing as required by 44 CFR § Part 80 Subpart C, and will coordinate with the State/Tribe and FEMA to request an extension if circumstances warrant. Clear Title Prior to final transfer of title, the local jurisdiction will review the title report to ensure no incompatible easements or encumbrances exist on the property being acquired. All incompatible easements and encumbrances will be extinguished prior to or during property settlement. FEMA Model Deed Restriction Language The acquired properties will be deed restricted utilizing the FEMA Model Deed Restriction language. The deeds to the properties will be transferred to The City of Beaumont (name of jurisdiction that will hold the title) with restrictions imposed for the sites to remain as open space in perpetuity as defined in 44 CFR § Part 80 Subparts B & C and as identified above under Post Mitigation Use. Monitoring and Property Maintenance Requirement The jurisdiction will perform all monitoring and maintenance of the acquired properties in perpetuity or until ownership of the land is transferred (dependent upon FEMA approval), at which time the new owner will monitor and maintain the property in accordance with grant requirements. Cost Effectiveness The Cost Effectiveness methodology used for this project is: ❑✓ Pre -Calculated Benefits: The properties to be acquired meet the criteria for pre -calculated benefits for acquisition for structures located in Special Flood Hazard Areas (SFHA) of $276,000 per property. If the structure, or any portion of the structure lies within the 100 -year SFHA, the structure can utilize the pre -calculated benefits. This must be established with maps which show the structure's footprint delineated against the SFHA. Details of the properties can be found in the attached Property Site spreadsheet. ❑ Substantially Damaged Structures: The properties to be acquired meet the criteria for the BCA Waiver for Substantially Damaged properties in flood zones. The acquisition of structures that are declared Substantially Damaged (from any)origin) and located in a riverine SFHA on a preliminary or effective FIRM is considered cost effective. When this methodology is used, the project application must include certification that the structures meet these conditions. Substantial Damage Certificates for the properties are attached for this purpose. Details of the properties can be found in the attached Property Site spreadsheet. ❑ Benefit Cost Software: Cost effectiveness for this project has been calculated using the FEMA approved BCA software. The Benefit Cost Ratio has been determined to be: A zip file of the BCA runs isincluded with this application as required documentation. Details of the properties can be found in the attached Property Site spreadsheet. Note: For projects that contain multiple structures, the average cost of all structures in the project must meet the stated criterion. O Budget Estimating The method used to estimate project costs other than replacement costs is: ❑ Estimates were obtained from construction contractors and similar vendors ❑ Historical data from previous projects/activities were utilized with an inflation factor if necessary ❑ Public Works personnel provided estimates based on their experience and that of associates in the field ❑ RS Means, Marshall & Swift, other national cost estimation services .o Costs Other, please explain: The jurisdiction will ensure that all project costs are reasonable and necessary for the activity according to 2 CFR § Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The costs included in this project are selected below, as applicable, and detailed in the attached Property Site spreadsheet: ❑ Pre -Award Costs (if applicable and occurred after the declaration date of relative disaster) (please provide details and dates below) ❑ Fair Market Value ❑ Appraisals ❑ Metes & Bounds and Other Surveys (please explain below) ❑ Title Insurance ❑ Legal/Closing Costs ❑ Deed Recording .Fees ❑ URA Relocation Assistance. Tenants who must relocate as a result of acquisition of their housing are entitled to assistance as required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA). Tenant rental assistance may not exceed $7,200 (49 CFR Part 24 and HMA Guidance, Introduction page 12). URA relocation benefits to displaced tenants include moving expenses, replacement housing rental payments, and relocation assistance advisory services. Displaced tenants include owners of manufactured homes who lease a pad site (HMA Guidance Addendum, A.6.10). Aliens not lawfully present in the United States are not eligible to receive URA relocation benefits. ❑ Environmental Surveys & other costs imposed by regulatory agencies (please provide details below) ❑ Asbestos & Other Hazards, Inspection & Removal ❑ Structure Demolition 5 El Debris Removal D Removing Outbuildings, Slabs, Pads and Driveways D Filling Basements and Pools El Well, Septic & UST Pumping and Capping 0 Grading & Seeding ❑ Other (please explain below) Project Oversight — managing project related activities (limited to 5% of total costs) ❑ Project Income - such as from the sale of materials from acquired properties/structures, to be deducted from project costs (please provide details below) Explanations, justifications and details of project costs: ted Market value - CAD x 1.4 was used as an estimate of market value asbestos survey and abatement - Based on historical costs, budget was set at $10,000 per property for demolition, $500 per property for os survey and $5,000 per property for asbestos abatement I - based on experience, budget was set at $1500 per property for all closing related costs including title insurance estimate using the ted purchase price plus Texas Title insurance premiums. Relocation payment to non flood zone per property is based on FEMA's $31,000. sals - based on experience, budget was set at $750 per property Project Management - Buyout consultant support at $1,500 per parcel Fee - estimated based on attached spreadsheet ,ard - $6,000 for BCA and application development (if project Is awarded) Estimating Fair Market Valuation for Budgeting Purposes For the grant application budget, values of the properties were establisi ed by the tax assessor as found on the tax cards, plus a local tax multiplier of 1.4 to estimate Fair Market Value. Tax Cards and documentation of the local tax multiplier are attached. Estimated Work Schedule Signing Grant Agreement 1 months Bidding and Procurement 1 months Appraisals, Surveys & Title Searches, 2 months Mitigation Offers, Closings and Deed Recordations 12 months Asbestos Inspection and Abatement 1 months Structure Demolitions within 90 days of closing 3 months Land clearing, grading and seeding 3 months Closing Grant 1 months Total — Not to Exceed 36 Months 124 months Required Documentation Attached D Photos of each property o 3 color photos: full front, full back and one full side o If the property is not accessible, 2 photos, front and one side D Tax Cards 6 r ❑ Substantial Damage Letters/Certification as -applicable p Property Site Information (Property Site spreadsheet) 0 Voluntary Interest/Participation Forms 0 Citizenship Forms, if using Pre Event Fair Market Value (Declaration & Release Form 90-69B) 0 Consultation Letters (HMA Guidance Addendum, A.6.6) o USACE —the jurisdiction must demonstrate that it has consulted with USACE regarding each subject property's potential use for the construction of a flood levee system (including berms, floodwalls and dikes). o DOT—the jurisdiction must demonstrate that it has consulted with the relevant State DOT to ensure that future plans do not contain any improvements or enhancements to Federal aid systems or other State transportation projects that would affect the proposed project area under consideration. o Other Federal Agencies —the jurisdiction must demonstrate that it has consulted with other Federal agencies as appropriate, regarding other program requirements and/or activities, and have identified the relationship between them to FEMA mitigation grant activities and funding. I] SHPO Consultation - SHPO response needed if: (1) structure is 45 years or older; (2) new ground is being disturbed; or (3) project is located in a Historic District. This applies to all properties including alternates. ❑ BCA Runs / Zip files, if applicable [] Assurances E] Completed SF -424, signed by the authorized representative of the jurisdiction Other comments, information or explanation: IBCA run/zip file not needed because all properties are in floodzone so $276,000 was used. Overall BCA using that amount is 2.54. 7 No Text RESOLUTION NO. WHEREAS, as a result of flooding caused by Hurricane/TS Harvey, many homes within the City of Beaumont 100 -year floodplain received flood damage; and, WHEREAS, the Texas Division of Emergency Management (TDEM) has issued a call for applications to receive FEMA funds to cover 75% of the costs for a program for the buyout or elevation of homes located within the City of Beaumont 100 -year floodplain; and, WHEREAS, the Texas General Land Office (GLO) has dedicated HUD funding to the City of Beaumont for buyouts that would cover the 25% local match for this program; WHEREAS, it is necessary for the City Manager to apply to the Texas Division of Emergency Management (TDEM) and the Texas General Land Office (GLO) for the buyout or elevation of twenty-seven (27) properties flooded during Hurricane/TS Harvey; 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, WHEREAS, that the City Manager be and he is hereby authorized to apply to the Texas Division of Emergency Management (TDEM) and the Texas General Land Office (GLO) for the buyout or elevation of twenty-seven (27) properties flooded during Hurricane/TS Harvey. 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 13th day of November, 2018. - Mayor Becky Ames - 10 November 13, 2018 Consider authorizing the City Manager to terminate the management agreement with the Striesfeld Group, LLC, who Manages the Tennis Center at the Athletic Complex BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: November 13, 2018 REQUESTED ACTION: Council consider authorizing the City Manager to terminate the management agreement with the Striesfeld Group, LLC, who manages the Tennis Center at the Athletic Complex. amyli FR JL111 The City Council approved an agreement with the Striesfeld Group on May 17, 2016. Eric Striesfeld has requested that the lease agreement be terminated. The termination would be effective December 30, 2018. The City will work with Mr. Striesfeld on a smooth transition, with plans for the City to staff the facility and be open as usual on January 2, 2019. A copy of the agreement is attached for your review. BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: May 17, 2016 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to enter into an agreement with The Striesfeld Group, LLC for the management and operation of the Beaumont Tennis Center. BACKGROUND Requests for proposal (RFP) for the management and operation of the tennis center were solicited from seventeen (17) vendors with one (1) response being received. The RFP sought a contractor to fully manage, staff, supervise and conduct the administration and operation of the facility including offering tennis -related programming for all skill levels and ages, organizing tournaments in addition to other tennis -related services and promoting the facility in order to maximize its utilization. The term of the management agreement is five (5) years with the option for two (2) additional five (5) year terms. The City shall be paid in accordance with the following: (1) Initial 5 Year Contract (a) Twelve months following execution of agreement: $0 per month (b) Year 2: $500 per month (c) Year 3: $750 per month (d) Year 4: $1,000 per month (e) Year 5: $1,000 per month (2) First 5 Year Extended Term: Upon exercising the option to extend the management agreement for an additional 5 year term, the Contractor will pay the City: (a) Year 6: $1,000 per month (b) Year 7: $1,500 per month (c) Year 8: $1,500 per month (d) Year 9: $2,000 per month (e) Year 10: $2,000 per month Management Agreement May 17, 2016 Page 2 (3) Second 5 Year Extended Term: Upon exercising the option to extend the management agreement for a second additional 5 year term, the Contractor will pay the City $2,500 per month for Years 11-15. In addition, The Striesfeld Group shall pay the City 10% of all gross receipts from the sale of food concessions, tennis equipment, and apparel. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. MANAGEMENT AGREEMENT WHEREAS, the City of Beaumont, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "City' and The Striesfeld Group, LLC, a Limited Liability Company domiciled in Harris County, Texas, hereinafter called "Contractor" hereby seek to enter into a Management Agreement concerning the property described as Beaumont Tennis Center, hereinafter called "Facility". WHEREAS, the parties recognize the mutual benefit to' City and Company derived from the existence of a first class tennis facility and, WHEREAS, to that end, City and Company agree as follows: 1) GOAL The City of Beaumont, through its municipal tennis facility, strives to offer the community a positive and inviting atmosphere for players of all ages and levels to participate in year-round tennis play. 2) FACILITY The Beaumont Tennis Center (Facility) is a municipal tennis facility under the oversight of the City of Beaumont Parks and Recreation Department located at 6455 College Street. It includes twenty (20) outdoor and four (4) indoor lighted tennis courts. There is a viewing loggia that is ADA compliant. The Pro Shop contains approximately 4,460 square feet of retail floor and wall space. The Facility also includes restrooms with showers for men -and women, storage area, and Manager's office. For and in consideration of.the conditions and agreements to be kept and performed by Contractor, City does hereby agree to allow the Contractor to manage and operate and Contractor does hereby agree to manage and operate all of that real and personal property as described above as a public tennis facility. 3) EFFECTIVE DATE AND POSSESSION This management agreement is subject to the approval of the_City Council of the City and is not effective until the date of final approval by the Council ("Effective Date"). The date of Contractor's right of possession Facilities and responsibility for operations of Tennis Center ("Possession Date") will be June 1, 2016. 4) TERM OF AGREEMENT The agreement shall have an initial term of five (5) years commencing on June 1, 2016 and ending on May 31, 2021. This Agreement may be extended for two additional five (5) year terms. Contractor shall notify the City in writing at least one hundred eighty (180) days before the end of the initial term or first extended term if Contractor elects to renew this agreement for the extended term. 5) USE OF FACILITY Contractor's primary duty is to fully manage, staff, supervise and control the administration and operation of the facility. Contractor shall use the Facility only for business purposes as municipal tennis courts and for no other purpose without prior written consent of City. Contractor shall comply with all rules, regulations, ordinances, City Charter and laws of public authorities applicable to its operations of the Tennis Center and obligations herein. 6) NONDISCRIMINATION Contractor will not discriminate nor permit discrimination against any person or group of persons with regard to employment and the provision of services at, in, or on the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. The City hereby reserves the right to take action necessary to enforce this covenant. 7) CONTRACTOR RESPONSIBILITIES The Contractor shall retain the exclusive right to conduct tennis -related activities at the Facility. A. PROGRAMMING The contractor shall offer tennis and/or tennis -related programming at the Facility. (1) Programming may include, but is not limited to: a) group lessons or clinics, b) private lessons, c) leagues, d) cardio tennis workouts, e) drop-in programs, f) tournaments, g) camps, h) junior programming, i) senior programming, j) mixers. k) and other specific services and amenities as listed by Contractor in Attachment B, Response to RFP (2) Through its programming, the Contractor shall endeavor to maximize the utilization of Facility courts during hours of operation, and the Contractor shall make programming available for diverse skill levels, ages and populations. The Contractor shall modify programming to meet customer needs; the City's needs, and/or as demand dictates. (3) Each month, the Contractor must submit to the Director of Parks and Recreation or their designee, a program of activities of the forthcoming month, identifying at a minimum: leagues, lessons, youth and adult programs, tournaments by dates and estimated number of participants, and hours of operation. B. SERVICES The Contractor shall provide tennis and/or tennis -related services at the Facility. Services may include, but are not limited to: 1) racquet stringing, 2) ball machine rental, 3) tennis equipment, 4) apparel or other accessories or merchandise, 5) food, beverages or other concessions, and 6) tournament organizing. 3 C. FEES Contractor shall charge and publicize all tennis fees as approved by City Council in the Code of Ordinances. D. MARKETING. ADVERTISING. AND PROMOTION ACTIVITIES (1) The Contractor shall market, advertise and promote the Facility in order to maximize its utilization. Marketing, advertising and promotional activities may occur via Facility website, social media or other means with prior approval by the Parks and Recreation Director. (2) Contractor shall provide suitable signs at the Facility advising the public that the business activity is operated by the Contractor as an independent contractor and not operated by the City. E. OPERATIONS (1) The Contractor shall manage court usage, court reservations, and payment of court fees at the Facility according to City Ordinance, Section 14.04.013. Current fees approved by City Council and in effect at the signing of this agreement are provided in Exhibit B. (2) The Contractor shall at minimum, maintain the hours of operation as set by City. The Contractor may operate the Facility outside of the hours stated with prior written approval from the City. The current hours of operation are provided in Exhibit C. (3) The Contractor shall offer patrons a user friendly online court reservation system that, at minimum: a. presents no extra cost to players, b. provides reservation confirmation notifications, and c. captures zip codes, email addresses and phone numbers. (4) The contractor shall provide all equipment necessary for the Facility and Pro Shop. The contractor shall utilize a computerized cash register system. (5) The Contractor shall be responsible for any and all debts incurred by the operation of the Facility and shall allow no liens to be filed against City Property. 4 F. FACILITY IMPROVEMENTSIUPGRADES (1) Improvements and/or upgrades to the Facility will be at the sole expense of the Contractor and will become the property of the City upon expiration or termination of the contract. (2) All improvements or upgrades will require prior, written approval from the City. (3) The Contractor shall have the right to remove any personal property from the Facility upon expiration or termination of the contract. (4) The City reserves the right to require the Contractor to restore the Facility to its original condition at the Contractor's expense. G. FACILITY MAINTENANCE AND REPAIRS (1) The Contractor shall be responsible for all maintenance on the following items; a) conduct custodial duties to present a clean appearance of the Facility at all times; b) provide all custodial services and supplies for the Facility; c) maintain the tennis courts and Facility in good repair; d) clean and pressure wash all sidewalks and porch areas once a month; e) repair any physical damage to the facilities such as broken windows, wall damage, plumbing fixture repair, and minor toilet stoppage; f) replace all "burned out" lights in the Pro -Shop area; g) maintain clean and free of debris, inside the fenced area and area within twenty (20) feet of the Facility; h) provide replacement of worn, damaged nets and windscreens. H. REGULATORY (1) The Contractor shall fully comply with all laws, rules, regulations and orders of all local, state and federal governmental authorities which in any way relate to the Facility. 61 (2) Contractor shall secure any and all licenses, clearances, permits and other certificates necessary to operate the Facility as may be required for Contractor's lawful operation, use, possession and occupancy of the Facility. (3) The Contractor shall pay the cost of all license and registration fees and renewals thereof. The Contractor shall display all permits inconspicuous location at the Facility. 1. HEALTH, SAFETY, AND SECURITY (1) The Contractor shall be certified for CPR (Cardiopulmonary resuscitation), First Aid and AED (Automated External Defibrillator) training, shall maintain such certification throughout the contract term, and shall provide proof of certification upon the request of the City. (2) City has installed security equipment in the Pro Shop. The Contractor shall monitor the security service and handle all calls associated with this service. The Contractor will be responsible for monthly payments to the security service and any cost associated for false alarms. Should a loss occur of any nature, the City will not be held responsible for any contents, merchandise or cash on -hand. J. CASH HANDLING, DEPOSITS, AND RECORDKEEPING (1) The Contractor shall maintain a written cash handling policy which is subject to the approval of the City's Chief Financial Officer. During the term of this Agreement the Contractor shall establish and maintain separate records and accounts for the City facility, including a separate bank account relating to the operation of the Facility. (2) The contractor shall keep and maintain complete and accurate books and records necessary for the fulfillment of Contractor's obligations in accordance with generally accepted accounting principles (GAAP) consistently applied and. in a form satisfactory to the City throughout the contract term and for four (4) years after expiration or early termination of the contract. (3) The Contractor shall keep and maintain books and records in sufficient detail to fully and properly document and account for all transactions which relate to the amounts reported to the City. (4) The Contractor shall install a computerized cash register system which shall record all sales or service transactions in a manner satisfactory to the City. K. REPORTING REQUIREMENTS (1) Court rental activity and attendance reports. (2) Log of all maintenance and service performed at the Facility. (3) Incidents or injuries at the Facility. (4) Copy of Internal Revenue Service annual tax returns pertaining specifically to Facility income. (5) Quarterly sales tax report. 8) CITY RESPONSIBILITIES A. During the term of the agreement, City shall be responsible for all maintenance on the following items, at its discretion : - (1) HVAC systems including scheduled filter changes (2) Water heater (3) Fire alarm system (monitoring included) (4) Fire extinguisher annual inspections (5) Electrical breaker panels and circuits (6) Lighting control panel (7) Ballast replacement on light fixtures (8) Building structure (9) Roof system (10) Interior and exterior painting (11) Ice machine repairs (12) Plumbing system repairs such as sewer line blockage, flush valve repairs, water supply line repairs, facet repairs, drink fountain repairs (13) Parking lot lights (14) Irrigation system repairs and maintenance (15) Door hardware repair (16) Termite treatment (17) Fencing (18) Replacing light bulbs, on the exterior, open courts and covered courts, as discussed below B. During the term of the agreement, City shall provide the following items: (1) A dumpster for trash services. (2) One (1) telephone line for Contractor to conduct business. Contractor may add telephone and computer lines at its sole expense. (3) All utilities (waterlsewer, electricity, gas, telephone) (4) Internet as it exists today with no guaranty for speed, availability and the like. (5) AED machine, located in bag below counter. C. Prior to the Possession Date, City will assess the facilities to ensure lights are working, nets are in good playable condition, windscreens are up and in good playable condition, all courts are pressure -washed and free of debris, and overall facility is presentable and ready to be operated. . D: During the term of the agreement, response time for work order requests will be within 48 hours during normal business hours which is 7:30am - 4:OOpm Monday through Friday. Within 48 hours time frame a City of Beaumont representative will assess the request to determine what will be needed to resolve the requested issue and give the Contractor an approximate timeline to complete the request. The timeline or completion of any work order request will depend upon material availability, delivery time for materials, and the scheduling of work with a contractor if needed. E. City of Beaumont staff will maintain the lights on all outdoor and covered courts at the Beaumont Tennis Center Complex according to the following guidelines: (1) Outdoor Court Lights (a) Personnel and equipment will be dispatched to the facility when there are a minimum of two (2) lights out on an individual court or there are at least a combined total of ten (10) or more lights out on all outdoor courts. (b) All work will be scheduled Monday through Friday between 7:30 a.m. and 4:00 p.m. (Saturday and Sunday excluded) (2) Covered Court Lights (a) Personnel and equipment will be dispatched to the facility when there are a minimum of two (2) lights out on an individual court or a combined total of eight (8) or more bulbs not working on all four courts. This work will be scheduled Monday through Friday 7:30 a.m. — 4:00 p.m. M (b) Personnel and equipment will be dispatched to the facility when there are a minimum of two (2) fixtures not working on an individual court. This work will be scheduled Monday through Friday 7:30 a.m. — 4:00 p.m. (c) In the event all fixtures are not working on all courts or one individual court, personnel and equipment will be dispatched to the facility Monday through Sunday. 9) COMPENSATION A. Contractor shall pay City as follows: (1) Initial 5 Year Contract (a) Twelve months following execution of agreement: $0 per month (b) Year 2: $500 per month (c) Year 3: $750 per month (d) Year 4: $1,000 per month (e) Year 5: $1,000 per month (2) First 5 Year Extended Term: Upon exercising. the option to extend the management agreement for an additional 5 year term, the Contractor will pay the City: (a) Year 6: $1,000 per month (b) Year 7: $1,500 per month (c) Year 8: $1,500 per month (d) Year 9: $2,000 per month: (e) Year 10: $2,000 per month (3) Second 5 Year Extended Term: Upon exercising the option to extend the management agreement for a second additional 5 year term, the Contractor will pay the City $2,500 per month for Years 11-15. B. Contractor shall pay City 10% of all gross receipts from the sale of food concessions, tennis equipment and apparel. Contractor shall provide a monthly report from the point of sale system along with the payment by the 15th of each month. 10)ASSIGNMENT This -agreement may not be assigned in whole or in part by either party without the prior written approval of the other party. '11)TERMINATION A. City or Contractor may terminate this Agreement for cause if either party defaults in the performance of any covenant condition of this Agreement. Prior to such termination City or Contractor 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 a ninety (90) day written notice. B. In addition to any other duties and obligations identified in this Agreement, Contractor shall have the following duties and responsibilities at the termination of this management agreement, whether occurring by normal expiration or as otherwise herein provided: (1) Contractor shall return the Facility to City in good and operable condition, as received at the inception of Agreement. (2) All Trade Fixtures or any other Contractor -owned property which remain at the Facility after the termination or expiration of the Agreement automatically becomes City property without the necessity of any further r notice or legal action. 12) INDEMNITY Contractor 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, for injury to or death of any person and damages to property arising out of or in conjunction with the execution, performance, attempted performance or nonperformance of this agreement or from the operations and actions of The Striesfeld Group, its officers, agents and employees and specifically including herein any and all acts of negligence or omissions by the City of Beaumont, its agents, officers or employees carried out under the terms ,of this agreement. 13) INSURANCE A. Contractor shall secure and maintain a comprehensive general liability insurance policy to include contractual liability coverage with minimum limits of Five Hundred Thousand Dollars ($500,000) combined single limit per occurrence or - its equivalent with an aggregate limit of $1,000,000. The City of Beaumont shall be named as an additional insurance on the policy. The comprehensive general liability policy carried by Contractor under this agreement is the primary coverage 10 in case of loss or damage related to Contractor's operation of the Facility. A copy of the policy shall be submitted prior to commencement of this Contract. - B. Further explanation of insurance required and related terms is included in Attachment A. 14) AMENDMENTS This Agreement shall not be changed, amended or altered in any way except in writing and executed by both Parties. 16) ENTIRETY OF AGREEMENT This Agreement constitutes the whole of the understanding, discussions, and agreements by and between City and Contractor. The terms and provisions of this Agreement are contractual and not mere recitals. The City and the Contractor acknowledge that there have been no oral, written or other agreements of any kind as a condition precedent to or to induce the execution and delivery of this Agreement. Any written or oral discussions conducted prior to the effective date of this Agreement shall not in any way vary or alter the terms of this Agreement. This Agreement shall be binding upon the parties and their respective successors and assigns. 16) NOTICES Any notice provided for in this Agreement, or which may otherwise be required by law shall be given in writing to the parties hereto by email or certified mail addressed as follows: TO CITY City Manager 801 Main Street Beaumont, Texas 77701 TO COMPANY The Striesfeld Group, LLC 17901 Kings Park Lane Houston, Texas 77058 11 IN WITNESS THEREOF, this Agreement, consisting of pages is executed in duplicate counterparts as of this M day of , 2016. CITY OF BEAUMONT, TEXAS � lL Kyle Hayes, City Manager THE STRIESFEL , GROUP By: Eric Striesfeld, President 12