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PACKET SEP 10 2019
BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 10, 2019 1:30 PM CONSENT AGENDA Approval of minutes — August 27, 2019 Confirmation of board and commission member appointments A) Approve a contract with Gulf Coast Electric Company, Inc. for electrical services B) Approve the renewal of an annual support agreement with Creative Switching Designs, Inc. for the City's phone system C) Approve the purchase of an annual maintenance agreement from SirsiDynix for use in the Library System D) Authorize the City Manager to sign a Pricing Schedule with AT&T for Switched Ethernet Service to be used for the City's network and the Regional Radio System E) Approve a resolution accepting maintenance of the street, sewer, and water improvements in Champions Subdivision Phase I F) Authorize the City Manager to execute all documents necessary for an affiliation agreement with the Texas A&M Engineering Extension Service G) Authorize the City Manager and the Chief of Police to enter into a Memorandum of Understanding between the Beaumont Independent School District and the Beaumont Police Department IT) Authorize the City Manager or his designee to execute all documents related to an agreement with the DEA (Drug Enforcement Agency) that would allow for federal reimbursement of overtime expenditures I) Approve a resolution indicating an affirmative intent to continue to receive a share of bingo prize fees collected after January 1, 2020 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: September 10, 2019 REQUESTED ACTION: Council consider a resolution approving a contract with Gulf Coast , Electric Company, Inc. of Beaumont for electrical services. BACKGROUND The contract specifies that the successful bidder will provide assorted electrical services at a fixed hourly rate and a fixed percentage markup of materials and equipment rental to maintain City electrical systems. The contract requires the contractor to have personnel onsite to assist the City with emergency repairs in the event of a disaster. Bids were requested from nine vendors; and two responses were received. Gulf Coast Electric Company, Inc., who has held this contract for several years, is the lowest, qualified bidder. The total bid represents an approximate four percent (4%) increase over the current contract with a total estimated annual cost of $218,600. Bid tabulation is attached. FUNDING SOURCE General Fund - Facilities Maintenance RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, bids were received for assorted electrical services at a fixed hourly rate and a fixed percentage markup of materials and equipment rental to maintain the City's electrical systems; and, WHEREAS, Gulf Coast Electric Company, Inc., of Beaumont, Texas, submitted a bid in the amount of $218,600.00; and, WHEREAS, City Council is of the opinion that the bid submitted by Gulf Coast Electric Company, Inc., of Beaumont, Texas, is the lowest 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 bid submitted by Gulf Coast Electric Company, Inc., of Beaumont, Texas, for assorted electrical services at a fixed hourly rate and a fixed percentage markup of materials and equipment rental to maintain the City's electrical systems, in the amount of $218,600.00, be accepted by the City of'Beaumont;'and, THAT the City Manager be and he is hereby authorized to execute a contact with Gulf Coast Electric Company, 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 10th day of September, 2019. - Mayor Becky Ames - m x 2 re BEAUM©NT TEXAS CITY OF BEAUMONT - PURCHASING DIVISION Terry Welch Senior Buyer 409-880-3107 terry.welch Ca)_beaumonttexas. goy BID TABULATION: Annual Contract for Electrical Services BID No. TF0719-48 OPENING DATE: Thursday, August 22, 2019 Vendor City / State Gulf Coast Electric Co., Inc. Beaumont, Texas * Jefferson Electric Co., Inc. Beaumont, Texas Section I, Straight Time Hourly Rates Est HPs Per.Hour Total Per Hour . Total journeyman w/truck 1500 68.00 $ 102,000.00 $ 79.00 $ 118,500.00 Journeyman w/Bucket truck 40 $ 130.00 $ 5,200.00 $ 145.00 $ 5,800.00 Journeyman no truck 500 $ 26.00 $ 13,000.00 $ 69.00 $ 34,500.00 Helper 500 $ 30.00 $ 15,000.00 $ 59.00 $ 29,500.00 Heavy'Equipment Operator 40 $ 90.00. $ 3,600.00 $ 100.00 $ ' 4,000.00 TOTAL: $138,000.00 $ 192,300.00 Section II -Overtime Hourly Rates Journeyman w/truck 150 78.00 $ 11,700.00 $ 120.00 $ 18,000.00 Journeyman w/Bu.cket truck 10 $ 150.00 $ 1,500.00 $ _ 166.00 $ 1,660.00 Journeyman no truck 100 $ 40.00 $ 4,000.00 $ 110.00 $ 11,000.00 Helper 50 $ 32.00 $ 1,600.00 $ 90.00 $ 4,500.00 Heavy Equipment Operator 5 $ 90.00 $ 450.00 $ 150.00 $ 750.00 TOTAL: $ 19,250.00 $ 35,910.00 Bid Table TF0719-48 Page 2 Vendor City/StateCity/State Gulf Coast Electric Co.,Inc. Beaumont Texas *Jefferson Electric Co., Inc. Beaumont Texas Section III,-Sunday/Holiday/Disaster 'Hourly Rates Journeyman w/truck 300 $ 80.00 $ 24,000.00 $ 160.00 $ 48,000.00 Journeyman w/Bucket truck 10 $ 170.00 $ 1,700.00 $ 198.00 $ 1,980.00 Journeyman no truck 300 $ 60.00 $ 18000.00 $ 150.00 $ 45,000.00 Helper 200 $ 34.00 $ 6,800.00 $ 120.00 $ 24,000.00 Heavy Equipment Operator 5 $ 90.00 $ 450.00 $ 200.00 $ 1,000.00 TOTAL: $50,950.00 $ 119,980.00 Section IV -Materials Mark=U - r Estimated Materials Cost $5,000.00 $5,000.00 Mark- Up Percent 20/% 20/% Mark-Up Value $1,000 $1,000 TOTAL Materials & Mark-Up Value $6,000.00 $ 6,000.00. Section V Equipment Rental Mark-Up Estimated Equipment Cost $3,000.00 $3,000.00 Mark- Up Percentage 20/% 10/% Mark-Up Value $600 $300 TOTAL Rental & Mark-Up Value $3,600.00 $ 3,300.00 TOTAL BID ALL SECTIONS:1 $218,600.00 $357,490.00 No response: A & A Elect; Electrical Specialities; Newtron, Gold Crest, Electric Co., Allied Electrical, Electrical Specialties, Inc, Crown Electric, and APEX Process Control Mgmt, Inc. * Denotes bidder was non-responsive. Low qualified bidder is Gulf Coast Electric Co. BEAUMONT TO: City, Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer MEETING DATE: September 10, 2019 REQUESTED ACTION: Council consider a resolution approving the renewal of an annual support agreement with Creative Switching Designs, Inc. for the City's phone system. BACKGROUND The ShoreTel phone system is in use in a large number of City facilities. The system provides telephone communications, voice mail and four digit dialing. The purchase is exempt from competitive bidding since it is available from only one (1) source having exclusive rights to maintain the ShoreTel infrastructure. The annual cost is $93,470.95. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. I RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the renewal of an annual support agreement for the ShoreTel phone systems from Creative Switching Designs, Inc., of Houston, Texas, the sole source having exclusive rights to maintain the ShoreTel infrastructure, in the amount of $93,470.95 for use by all City departments; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute an annual support agreement with Creative Switching Designs, Inc., of Houston, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of September, 2019. - Mayor Becky Ames - July 2, 2019 Terry LaFleur City of Beaumont 801 Main St. Suite 330 Beaumont, Texas 77704-3827 Dear Mr. LaFleur: The current ShoreCare Agreement on the ShoreTel Phone System expires on 08/29/2019. If you are interested in extending this agreement, all you need to do is fill out the bottom with the Type of Service you want and sign. If you use a Purchase Order please attach this form to the Purchase Order. A 20% re -instatement fee will apply if payment is not received prior to expiration of existing agreement. Type of Service Bronze Silver Gold Description of Advanced Everything listed on Everything listed coverage: Replacement/Exchange, Bronze plus Remote for Bronze and of all Hardware. Phone MAC'S (Moves, adds Silver plus labor support/on-site trouble, and changes) apply on software shooting and software only to the system upgrades. upgrades. (Labor on configuration at time software upgrade of service contract. Phones are not install not covered) (Does not include re- covered. Phones are not installation of current covered. system.) Phones are not covered. Price for a year: 08/30/19 to $56,649.06 $82,141.18 $93,470.95 08/29/20 Type of Service: PO Referenced: Signature: If you should choose not to participate in an annual agreement, service could be rendered on an as needed basis. Labor costs are $160.00 per hour. Parts prices are per manufacturers published price. Each service call would also be charged travel time but no mileage charge. ' Phone coverage quotes upon request. EXHIBIT "A" c BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer MEETING DATE: September 10, 2019 REQUESTED ACTION: Council consider a resolution approving the renewal of an annual maintenance agreement with SirsiDynix. BACKGROUND SirsiDynix is used in the Library System for maintaining records for circulation, cataloging, patron portal access, and other internal processing. This purchase is exempt from competitive bidding since it is available from only one source having exclusive rights to modify and maintain the software. The software agreement provides twenty-four hours a day, seven days a week unlimited telephone support and offsite hosting: This agreement, in the amount of $72,078.41, is'for an annual period beginning September 2019. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute the renewal of an annual Maintenance Agreement with SirsiDynix, the sole source having exclusive rights to modify and maintain the software, in the amount of $72,078.41, for software support for all of the City's library branches. 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 10th day of September, 2019. - Mayor Becky Ames - 11C BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer MEETING DATE: September 10, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to sign a Pricing Schedule with AT&T for Switched Ethernet Service to be used for the City's network and the Regional Radio System. Currently, the City uses T-1 data circuits to network a number of locations back to City Hall. The Regional Radio System also uses T-1 data circuits with the 800 Mhz radio system to connect towers and dispatch centers back to the master site. These T-1 data circuits are limited to 1.5 Mbps, are increasing in cost and will be phased out by providers in the near future. AT&T has a new Switched Ethernet Service that is available over fiber. This service is slightly less than the existing T-1 circuits and will be initially configured at l OMbps. It also willallow City personnel to directly monitor and manage the circuits through a portal. The current cost to connect the 11 City buildings listed in the agreement is $3,622.64/month while the new service will cost $3,360.17/month to connect the same locations at the higher speed. There are also several addresses listed that support the Regional Radio System. These circuits will be managed by the City, but the costs will be split with the all of the agencies that share the radio system. The only exception being the two lines that connect Beaumont's Fire Dispatch and PD Dispatch which the City will pay for in full. We currently have 3 T -Is at PD Dispatch and 2 T-ls at Fire Dispatch that cost $1,343.20/month. These will be replaced with one new circuit at each location that will cost $609.28/month. We will have 12 months under the pricing schedule to connect all of the listed addresses. The pricing schedule will cover a 36 month period. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and. he is hereby authorized to execute a Pricing, Schedule between the City of Beaumont and AT&T for Switched Ethernet service to be used for the City's network and the Regional Radio System. 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 10th day of September, 2019. - Mayor Becky Ames - AT&T AT&T MA Reference No. AT&T Contract ID No. SDNAFKE507 AT&T SWITCHED ETHERNET SERVICEsM (with NETWORK ON DEMAND) PRICING SCHEDULE PROVIDED PURSUANT TO CUSTOM TERMS Customer AT&T City of Beaumont The applicable AT&T Service -Providing Affiliate(s) Street Address: 801 Main St, Suite 330 Printed or Typed Name: City: Beaumont State/Province: TX Title: Zip Code: 77701 Country: USA Date: Customer Contact (for Notices) AT&T Contact (for Notices) Name: Bart Bartkowiak Namei John Crawford Title: Chief Technology Officer Street Address: 1010 N Saint Marys St Street Address: 801 Main St, Suite 330 City: San Antonio State/Province: TX City: Beaumont Zip Code: 78215 Country: USA State/Province: TX Telephone: 210-772-5496 Zip Code: 77701 Email: jc234q@att.com Country: USA Sales/Branch Manager: Carman SCVP Name: Carman Telephone: 409-880-3752 Sales Strata: Retail Sales Region: USA Email: bart.bartkowiak@beaumonttexas.gov With a copy (for Notices) to: AT&T Corp. Customer Account Number or Master Account Number: M0054QSO One AT&T Way Bedminster, NJ 07921-0752 ATTN: Master Agreement Support Team Email: Mpst@aft.com AT&T Solution Provider or Representative Information (if applicable) Name: Scott Mitchell Company Name: NetSpark IP & Telecom Agent Street Address: 2705 Swiss Ave, Suite 160 City: Dallas State: TX Zip Code: 75204 Country: USA Telephone: 512-618-1018 Fax: Email: scoff.mitchell@netsparktelecom.com Agent Code 42393 This Pricing Schedule for the service(s) identified below ("Service") is part of the Agreement referenced above. Unless otherwise specified herein, Services purchased under this Pricing Schedule must be managed using the AT&T Network on Demand process described in the Network on Demand Guide available at: http://cpr.att.com/odf/oublications/NOD Guide.pdf which is incorporated herein by reference and is subject to change by AT&T. AT&T California currently provides billing and collections services to third parties, which may place charges that Customer authorizes on Customer's bill for intrastate Services. To the extent that AT&T California makes blocking of such charges available, Customer may block third -party charges from its bill at no cost. Customer confirms receipt of the AT&T customer building / site preparation document describing the installation requirements at the Site(s). Customer (by its authorized representative) AT&T (by its authorized representative) B B Printed or Typed Name: Kyle Hayes Printed or Typed Name: Title: City Manager Title: Date: Date: For AT&T internal use only: I Contract Ordering and Billing Number (CNUM): OPPTYID 1-AFKE507 — LN1216 — 07.18.2019 AT&T and Customer Confidential Information IASE—NoD_ps—custom—inter intra 03/15/19 v16 — RLR 970971v4b — SR 1-AM2AHP4 Page 1 of 7 EXHIBIT "A" WK# - Interstate-InterLATA — TBD For AT&T Administrative Use Only WK# - ILEC-Intrastate -TBD Pricing Schedule No. Original Effective Date: Please sign by November 8, 2019 AT&T Switched Ethernet ServicesM (with Network On Demand) Pricing Schedule Provided Pursuant to Custom Terms SERVICE, SERVICE PROVIDER(S) and SERVICE PUBLICATION(S) 1.1 AT&T Switched Ethernet ServicesM Service Service Publication incorporated by reference Service Publication location AT&T Switched Ethernet ServicesM AT&T Switched Ethernet Service Guide http://cpr.aft.com/pdf/commonEthServGuide.htm1. 1.2 Inside Widnu Service AT&T Inside Wiring Service Provider Service Publication Service Providers AT&T Alabama AT&T Indiana AT&T Missouri AT&T Tennessee AT&T Arkansas AT&T Kansas AT&T Nevada AT&T Texas AT&T California AT&T Kentucky AT&T North Carolina AT&T Wisconsin AT&T Florida AT&T Louisiana AT&T Ohio AT&T Georgia AT&T Michigan AT&T Oklahoma AT&T Illinois AT&T Mississippi AT&T South Carolina 1.2 Inside Widnu Service AT&T Inside Wiring Service Provider Service Publication Service Publication Location Same as the AT&T Service Provider for the AT&T Switched Ethernet Service AT&T Inside Wiring Service Guide hftp://cpr.aft.com/pdf/publications/Inside Wid nQ Service Guide Attachment.pdf 1.3 Entrance Facility Construction Service 1, 1 AT&T Entrance Facility Construction Service Provider Service Publication Service Publication Location Same as the AT&T Service Provider for the AT&T Switched Ethernet Service AT&T Entrance Facility Construction Attachment http://cpr.att.com/pdf/service publicafions/EFC Attachment.pdf 2. PRICING SCHEDULE TERM, EFFECTIVE DATES Pricing Schedule Term - 36 months Start Date of Minimum Payment.Period, per Service Component later of the Effective Date or installation of the Service Component Rate Stabilization per Service Component - Rates as specified in this Pricing Schedule for each Service Component are stabilized until the end of its Minimum Payment Period. Pricing following the end of Minimum Payment non -stabilized prices as modified from time to time in applicable Service Publication Period or, if there is no such pricing, the pricing in this Pricing Schedule OPPTYID 1-AFKE507 — LN1216 — 07.18.2019 AT&T and Customer Confidential Information ASE_NoD—ps_custom _inter _intra 03/15/19 v16 — RLR 970971 v4b — SR 1-AM2AHP4 Page 2 of 7 WK# - Interstate-InterLATA — TBD For AT&T Administrative Use Only WK# - ILEC-Intrastate -TBD Pricing Schedule No. Original Effective Date: Please sign by November 8, 2019 AT&T Switched Ethernet ServicesM (with Network On Demand) Pricing Schedule Provided Pursuant to Custom Terms 3. MINIMUM PAYMENT PERIOD Service Components Percentage of Monthly Recurring Charge Applied for Calculation of Minimum Payment Period $167.00 Early Termination Charges* per Service Component All Service Components 50% plus any waivednon-recurrin 36 months charges * Early termination charges shall not exceed the total amount of monthly recurring charges for the remainder of the Minimum Payment Period; refer to Network on Demand Guide for details. 4. ADDS; MOVES Additional AT&T Switched Ethernet Service Customer Port Connections ("Adds") may be purchased (where available using the Network on Demand process) during the Pricing Schedule Term at the rates, terms and conditions herein (Customer Port Connection MRCs and Bandwidth MRCs for Adds are set forth in section 5.1.2 below). 4.2 Moves Per applicable Service Publication .5. RATES and CHARGES 5.1 AT&T SWITCHED ETHERNET SERVICE 5.1.1 Initial Site And Service Configuration The initial sites and configuration of Services covered under this Pricing Schedule are identified on Attachment A. This Pricing Schedule is Customer's order for any new Services shown on Attachment A. 5.1.2 Monthly Recurring Charges (MRC) All Monthly Recurring Charge (MRC) rates are per port. The total MRC for a port is the sum of the Port Connection MRC, the Bandwidth MRC, and any associated Feature MRC(s). Port Connection MRC Port Connection Type/Speed MRC Basic 100 Mbps $167.00 Basic 1 Gbps $167.00 Bandwidth MRC If Customer changes the CIR and/or CoS configuration during the billing cycle, the Bandwidth MRC will be prorated based on the time interval for each configuration. Bandwidth may be adjusted using the Network on Demand process within the available network capacity, which may vary from time to time. All speeds may not be available at all times or at all locations. Network augmentation via traditional processes may be required before certain speeds will be available on demand. Contact your AT&T sales representative to discuss ways to increase available capacity. OPPTYID 1-AFKE507 — LN1216 — 07.18.2019 AT&T and Customer Confidential Information ASE_NoD_ps—custom_inter—intra 03/15/19 v16 — RLR 970971v4b — SR 1-AM2AHP4 Page 3 of 7 WK# - Interstate-InterLATA - TBD For AT&T Administrative Use Only WK# - ILEC-Intrastate -TBD Pricing Schedule No. Original Effective Date: Please sign by November 8, 2019 AT&T Switched Ethernet ServicesM (with Network On Demand) Pricing Schedule Provided Pursuant to Custom Terms -Bndwidth MRG�(for 100 Mbps'aid'1`Gbps BasicPort Connections) Ws. Committed Information Rate CIRC r>Class of Service (CoS) Non Crfical High° Business Crrtical Medium, Business Critical -. Interactive my �., 44 �t Real Timeti�.°'. ;� t ,° '2Mbps $75.19 $75.19 $75.19 $75.19 $78.29 4 Mbps $85.29 $85.29 $85.29 $85.29 $88.32 5 Mbps $90.32 $90.32 $90.32 $90.32 $98.51 8 Mbps $98.44 $98.44 $98.44 $98.44 $110.51 -A0 Mbps $117.98 $117.98 $117.98 $117.98 $130.93 20 Mbps $129.26 $129.26 $129.26 $129.26 $142.73 50 Mbps . , $289.17 $289.17 $289.17 $289.17 $321.30 '100 Mbps $338.25 $338.25 $338.25 $338.25 $371.25 150 Mbps $375.50 $375.50 $375.50 $375.50 $445.50 250 Mbps $530.94 $530.94 $530.94 $530.94 $607.95 400 Mbps $699.50 $699.50 $699.50 $699.50 $756.52 500 Mbps - $773.50 $773.50 $773.50 $773.50 $820.47 600 Mbps $852.50 $852.50 $852.50 $852.50 $922.50 1000 Mbps $924.50 $924.50 $924.50 $924.50 $991.50 Feature MRC Feature € 'MRC Enhanced Multicast $70.00 5.1.3 Non Recurring Charges (NRC) Standard Non Recurring Charges for installation of new Customer Port Connections, per the applicable Service Publication, will be waived. 5.1.4 Additional Charges Charges for additional Service options may apply per Service Publication.' Charges for special construction, if needed, may also apply. 5.2 AT&T INSIDE WIRING Charges for AT&T Inside Wiring are as set forth in the Service Publication, 5.3 ENTRANCE FACILITY CONSTRUCTION CHARGE NON-RECURRING CHARGE PER CUSTOMER SITE* 1 $0.00 *AT&T will provide Entrance Facility Construction as defined in and subject to the terms and conditions of the applicable Service Publication, at the rate set forth above, for any qualifying Customer Sites where Customer purchases new AT&T Switched Ethernet Service under this Pricing Schedule at which Entrance Facility Construction is required. To qualify, the Entrance Facility Construction needed at a Customer Site, as determined by AT&T, cannot exceed the specifications set forth in the Service Publication. OPPTYID 1-AFKE507 - LN1216 - 07.18.2019 AT&T and Customer Confidential Information ASE_NoD_ps_custom_inter intra 03/15/19 v16 - RLR 970971v4b - SR 1-AM2AHP4 Page 4 of 7 WK# - Interstate-InterLATA — TBD For AT&T Administrative Use Only WK# - ILEC-Intrastate -TBD Pricing Schedule No. Original Effective Date: Please sign by November 8, 2019 AT&T Switched Ethernet ServicesM (with Network On Demand) Pricing Schedule Provided Pursuant to Custom Terms ATTACHMENT A RATES and CHARGES; INITIAL SERVICE COMPONENTS, SITE and SERVICE CONFIGURATION City of Beaumont A-1 Rates and Charges; Initial Quantities " Service Components Quantity New _°MRC, per Unit Customer Port Connection -1 Gig / Basic / EYQFX 27 $167.00 10Mb CIR / Interactive - Basic Only / R6EBX 26 $117.98 250Mb CIR / Interactive - Basic Only / R6EQX 1 $530.94 A-2 Minimum Quantity New Commitment Required Installation Date Monthly Shortfall Charge Within twelve (12) months after the Effective Date, excluding AT&T delay 50% of MRC (partial months prorated) for each "Quantity New" Service Component not installed by Required Installation Date until installed or, if not installed, until the end of the Pricing Schedule Term A-3. Initial Sites and Service Configuration Jurisdiction: By selecting "Interstate" Customer certifies that the interstate traffic (including Internet and international traffic) will constitute more than 10% of the total traffic on the Port. By selecting "Intrastate" Customer certifies that the interstate traffic (including Internet and international traffic) will constitute 10% or less of the total traffic on the Port. Table 1 - Complete a line for each Customer Port Connection Port; . ID # Street Address ; -. , - City State Jurisdiction 1 6375 WALDEN RD BEAUMONT TX Intrastate 2 4955 LAFIN DR BEAUMONT TX Intrastate 3 1880 S MAJOR DR BEAUMONT TX Intrastate 4 1710 MCFADDIN ST BEAUMONT TX Intrastate 5 1125 ARCHIE ST BEAUMONT TX Intrastate 6 8250 OLD VOTH RD BEAUMONT TX Intrastate 7 805 WOODROW AVE BEAUMONT TX Intrastate 8 2870 LAUREL ST BEAUMONT TX Intrastate 9 6297 HWY 105 BEAUMONT TX Intrastate 10 5895 LAFIN DR BEAUMONT TX Intrastate 11 1301 W LUCAS DR BEAUMONT TX Intrastate 12 3855 WASHINGTON BLVD BEAUMONT TX Intrastate 13 205 BORDER ST ORANGE TX Intrastate OPPTYID 1-AFKE507 — LN1216 — 07.18.2019 AT&T and Customer Confidential Information ASE_ NoD_ps_custom_inter intra 03/15/19 vl6 — RLR 97097lv4b — SR 1-AM2AHP4 Page 5 of 7 WK# - Interstate-InterLATA - TBD For AT&T Administrative Use Only WK# - ILEC-Intrastate -TBD Pricing Schedule No. Original Effective Date: Please sign by November 8, 2019 AT&T Switched Ethernet ServicesM (with Network On Demand) Pricing Schedule Provided Pursuant to Custom Terms Port ID # Street -Address City State Jurisdiction 14 300 W MONROE ST KOUNTZE TX Intrastate 15 645 4TH ST PORT ARTHUR TX Intrastate 16 1001 PEARL ST BEAUMONT TX Intrastate 17 1400 BOSTON AV NEDERLAND TX Intrastate 18 201 N 8TH ST ORANGE TX Intrastate 19 337 PINE ST PORT NECHES TX Intrastate 20 610 MARINA DR BEAUMONT TX Intrastate 21 400 WALNUT ST BEAUMONT TX Intrastate 22 700 ORLEANS ST BEAUMONT TX Intrastate 23 695 E RAILROAD VIDOR TX Intrastate 24 2939 FM 1078 ORANGE TX Intrastate 25 1103 H 0 MILLS BLVD PORT ARTHUR TX Intrastate 26 1005 MERRIMAN ST PORT NECHES TX Intrastate 27 1991 N MEEKER RD BEAUMONT TX Intrastate Table 2 - Service Components and Features associated with Customer Port Connections identified above. Port" ID # Customer Port ' Connection Speed CIR Speed for Ports 1 Gbps & Below CIR Speed for,Ports- 10 Gbps & Above Class of Service Add'I MAC Addresses Enhanced Multicast 1 1 Gbps Basic 10 Mbps N/A Interactive No No 2 1 Gbps Basic 10 Mbps N/A Interactive No No 3 1 Gbps Basic 10 Mbps N/A Interactive No No 4 1 Gbps Basic 10 Mbps N/A Interactive No No 5 1 Gbps Basic 10 Mbps N/A Interactive No No 6 1 Gbps Basic 10 Mbps N/A Interactive No No 7 1 Gbps Basic 10 Mbps N/A Interactive No No 8 1 Gbps Basic 10 Mbps N/A Interactive No No 9 1 Gbps Basic 10 Mbps N/A Interactive No No 10 1 Gbps Basic 10 Mbps N/A Interactive No No 11 1 Gbps Basic 10 Mbps N/A Interactive No No 12 1 Gbps Basic 10 Mbps N%A Interactive No No 13 1 Gbps Basic 10 Mbps N/A Interactive No No 14 1 Gbps Basic 10 Mbps N/A Interactive No No 15 1 Gbps Basic 10 Mbps N/A Interactive No No 16 1 Gbps Basic 10. Mbps N/A Interactive No No 0PPTYID 1-AFKE507 - LN 1216 - 07.18.2019 AT&T and Customer Confidential Information ASE_ NoD_ps_custom_inter intra 03/15/19 vl6 - RLR 970971v4b - SR 1-AM2AHP4 Page 6 of 7 WK# - Interstate-InterLATA — TBD For AT&T Administrative Use Only WK# - ILEGlntrastate -TBD Pricing Schedule No. Original Effective Date: Please sign by November 8, 2019 AT&T Switched .Ethernet ServicesM (with Network On Demand) Pricing Schedule Provided Pursuant to Custom Terms Port ID #` Customer Port Connection Speed CIR-Speed for Ports _ 1 Gbps &Below CIR Speed for Ports 10 Gbps 4 Above Class of Service Add'[ MAC.; ' Addresses Enhanced Multicast 17 1 Gbps Basic 10 Mbps N/A Interactive No No 18 1 Gbps Basic 10 Mbps N/A Interactive No No 19 1 Gbps Basic 10 Mbps N/A Interactive No No 20 1 Gbps Basic 250 Mbps N/A Interactive No No 21 1 Gbps Basic 10 Mbps N/A Interactive No No 22 . 1 Gbps Basic 10 Mbps N/A Interactive No No 23 1 Gbps Basic 10 Mbps N/A Interactive No No 24 1 Gbps Basic 10 Mbps N/A Interactive No No 25 1 Gbps Basic 10 Mbps N/A Interactive No No 26 1 Gbps Basic 10 Mbps N/A Interactive No No 27 1 Gbps Basic 10 Mbps N/A Interactive No No End of Document OPPTYID 1-AFKE507—'LN1216 — 07.18.2019 AT&T and Customer Confidential Information ASE—NoD_ps—custom_inter intra 03/15/19 v16 — RLR 970971v4b — SR 1-AM2AHP4 Page 7 of 7 E BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: September 10, 2619 REQUESTED ACTION: Council consider!a resolution accepting maintenance of the street, sewer, and water improvements in Champions Subdivision Phase I. BACKGROUND On August 30, 2019, a final inspection was completed for the following: • 700 linear feet of Farrah Street heading west to Cul -de -Sac • 450 linear feet of Dania Drive heading north from Farrah Street Recommended for approval are the street, sewer, and water improvements for Champions Subdivision Phase I right-of-way only. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. i RESOLUTION NO. WHEREAS, the City of Beaumont Public Works recommends the approval of a request for maintenance of the street, I sewer, and water improvements for the Champions Subdivision Phase I right-of-way only; and, WHEREAS, City Council finds that- the request for maintenance of the street, sewer, and water improvements for the Champions Subdivision Phase I right-of-way only is in the best interest of the City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT City Council approves the request for maintenance of the street, sewer, i and water improvements for the Champions Subdivision Phase I right-of-way only. 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 10th day of September, 2019. - Mayor Becky Ames - EXHIBIT "A" F BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City; Manager PREPARED BY: Sherry Ulmer, Public Health Director MEETING DATE: September 10, 26,19 REQUESTED ACTION: Council consider'a resolution authorizing the City Manager to execute all documents necessary for an affiliation agreement with the Texas A&M Engineering Extension Service. BACKGROUND ' Texas A&M Engineering Extension Service; is requesting an agreement with the City of Beaumont's Emergency Medical Services Division to provide clinical experience to its students majoring in the Texas A&M Engineering Extension Service (TEEX) EMS Course. The responsibilities of TEEX will include but not be limited to the following: • provision of classroom theory; • preparation of students assignments; • continuous communication with Beaumont EMS regarding student performance; and • supervision of students. The responsibilities of Beaumont EMS will include but not be limited to the following: • acceptance and reasonable orientation of students; • coordination of the assignment schedule; • assistance in evaluation of each student; • designation of an individual to serve as liaison; • provision of basic medical care to students in case of an emergency; • provision of reasonable opportunities for students to observe and assist in various aspects of patient care; and • ultimate control of responsibility of patient care. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. i 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 all documents necessary to enter into an Affiliation Agreement between the City of Beaumont and Texas A&M Engineering Extension Service for clinical experience to its students majoring in the Texas A&M Engineering Extension Service (TEEX) EMS Course. The Affiliation Agreement is 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 10th day of September, 2019. i - Mayor Becky Ames - TsxnsA&M ENonaaEraNa TEEX Contract #25-110569 2� CLINICAL AFFILIATION AGREEMENT A B1(A NO R ETWEEN 'xrmsmsoivrcE THE TEXAS A&M ENGINEERING EXTENSION SERVICE AN® - CITY OF BEAUMONT, PUBLIC HEATLH DEPARTMENT, EMS ®IVISON This Clinical Affiliation Agreement (Agreement") is entered Into by and between CITY OF BEAUMONT, PUBLIC HEATLH DEPARTMENT, EMS DP41SON, ("Affiliate' EMS, located at 3040 College Street, Beaumont, Texas 77701and the Texas A&M Engineering Extension Service ("TEEX"), a member of The Texas A&M University System ("TAMUS" ), an agency of the State of Texas, located at 200 Technology Way, College Station, TX 77845. WHEREAS, TEEX is an institution of higher education with an approved program in the TEEX EMS Program ("Program") which requires clinical experiences of students enrolled therein; and WHEREAS, Affiliate is a health facility which has the resources in equipment and staff to provide the clinical experiences required by the Program; and WHEREAS, It Is to the benefit of TEEX that the resources of Affiliate be made available to its students for the required clinical • experienees;•and WHEREAS, It Is to the benefit of both TEEX and Affiliate to cooperate in the educational preparation of students enrolled in the Program so as to promote excellence in patient care, to ensure professional competence, and to provide maximum utilization of community resources; NOW, THEREFORE, the parties agree as follows: L Terra of Agreement: This Agreement commences on.date of last signature and expires August 31, 2022, at 5:00 pm Central Time Zone; however, this Agreement may be renewed with written approval of the parties for a total term of up to five (5) years Either party may terminate this Agreement upon giving 30 days written notice to the other party. Should notice of termination be given by either party, those students then"assigned to the Affiliate by TEEX shalt be permitted to complete the clinical internship assignment in progress. 2. Resoon sonifies of TEEX: TEEX agrees to: i" A_ . Identify, in concert with Affiliate, the names and number of students assigned to Affiilate for on-site clinical and practical training. B. Prepare, in concert with Affillate, from time to time, a schedule for students specifying the hours of each day, the days of each month, and the months of each yeariduring which the students will be receiving on-site clinical and practical training at Affiliate, and the health related specialties to which the students will be exposed In connection with their on-site training. TEEX will further provide such data as Affiliate may request in order to coordinate Its scheduling and programming with that of TEEX. C. Assure that all students selected for clinical and practical training at Affiliate have satisfactorily completed all portions of TEEX curriculum that are prerequisite! for the training and can show proof of the following (check applicable prerequisites for clinical study at Affiliate,).- ACLS ffiliate):ACLS certificate ❑ BCLS certificate ❑ TB testing ❑ Hepatitis B vaccine ❑ Drug screening. ❑ Other TEEX CS -41 OOC APPROVED November 2018 Page 1Of5 EXHIBIT "A" TEEX Contract #25-110569 D. 'Designate In writing an Agency Representative to coordinate the educational experience of students undergoing clinical and practical training at Affiliate with the'Affillate Representative. E. Require that students provide written evidence of professional liability Insurance coverage participating In the clinical and practical training. The minimum amount of coverage per individual shall be $1,000,000 each incident with a $3,000,000 annual aggregate. The coverage shall extend through the term of the student's participation. Affiliate acknowledges that, because TEEX is an agency of the State of Texas, liability for the tortuous conduct of the agents and employees of TEEX orfor injuries�caused by conditions of tangible state property is provided solely by the provisions of the Texas Tort Claims Act (Texas Civil Practice and Remedies Code, Chapters 101 and 104), and that Workers' Compensation insurance coverageiforremployees of TEEX Is provided by TAMUS as mandated by the provisions of Chapter 502, Texas Labor Code. . F. Have, and maintain throughout the term of this Agreement, all licenses and/or permits required by state lawi, and/or any federal or local authority, for the training of students, and accreditation by proper accrediting authorities. G. Represent that no adverse action by the federal government that can, result in exclusions from a federal health care program has occurred or is pending or threatened against TEEX, Its affiliates, or to the best of TEEX knowledge, against any of the students. TEEX agrees it will ;not perform any act that can'cause TEEX to be excluded from a federal health care program during the term of this Agreement. H. Provide access to TEEX contracts, books, documents, and records relating to this Agreement to the Comptroller General of the United States and the United States Department of Health and Human Services for seven (7) years after expiration or termination of this Agreement, if. required by the Social Security Act'and without violating the Family Educational Rights and Privacy Act, 20 U.S:C.1232g, et seq., and as may be amended, or any other student and/or student records privacy ad. 3. Raw-08ibWas of Affiifate: Affiliate agrees to: .I A. Provide supervised clinical experiences for students, including maintaining adequate personnel, staff and facilities, Which fulfill the curriculum requirements of the Program and meet the objectives agreed upon by TEEX and Affiliate which are consistent with the standards and requirements of any accrediting authorities. B. Comply with all applicable federal, state, and municipal laws, ordinances, rules, and regulations; have and maintain throughout the term of this Agreement all Ilcenses/permits required for its facilities, personnel and staff; comply with all -applicable requirements of any accreditation authority, and certify such compliance upon request by TEEX. C. Permit the authority responsible for accreditation of the Program to inspect the facilities, services, and other items provided by Affiliate for purposes of the clinical and practical training. D. Designate M writing a member of the Affiliate staff ("Affiliate Representative") to coordinate the educational experience'of students undergoing clinical and practical training at Affiliate with the University Representative. E. Provide TEEX with a minimum of 90 days notice In the event it is unable to place TEEX students. F. Permit the students, at their sole cost and expense, to use Affiliate amenities such as the cafeteria, rest rooms, emergency rooms, conference areas and parking facilities on the same basis as that made available to Affiliate's employees. G. Provide an orientation for the students, faculty and staff participating in the clinical program of the type and scope provided to Affiliate's employees with respect to the operations of Affiliate, Its policies and procedures, and the location of the facilities and other equipment. H. Provide patient information to students to the extent necessary to provide a meaningful clinical experience. i. Provide emergency medical treatment in the event of Injury or illness experienced by a student, faculty and/or staff participating in the clinical program while on-site at Affiliate, including administering acute antiviral therapies as recommended by the Centers for Disease Control, if appropriate. The student, faculty, and/or staff is solely responsible for the cost of such health care. i • J. Cooperate fully with TEEX In matters related to academic performance and student conduct related to the clinical experience. 4. Ramoval of Swdents: Affiliate may, in Its sole and absolute discretion, refuse the use of its facilities and services as contemplated by this Agreement to any student who' does not meet the professional and other standards and requirements of Affiliate. TEEX agrees to withdraw any Student from Aff hate or its premises for any reasonable cause specified by Affiliate. S. Patient Care: Affiliate will at all times remain responsible for. the safety and welfare of its patients. Nothing herein TEEX CS -41 Page 2 of 5 OGC APPROVED November 2016 a• ta€x� i TEEX Contract #25-110569 contained will be construed as a limitation on the responsibility of Affiliate with respect to providing medical care for Its patients. 6. Program Managernant TEEX will at all.times remain responsible for the Implementation and operation of the Program in a manner consistent with its curriculum and the standards and requirements of any accrediting authorities. 7. C Oo-eratlon and Liaison: Affiliate and TEEX will act in good faith, and cooperate with one another in implementing the Intent and purpose of this Agreement and In furtherance thereof will work out the details of the administration needed to fulfill the needs of the on-site educational program of TEEX and to benefit Affiliate in such a manner so as not to interfere with the medical care provided by Affiliate. TEEX and Affiliate will maintain adequate communication with one another,, to make changes that may be advisable within the terms of this Agreement and discuss arty problems as may arise concerning their affiliation as created by this Agreement. B. HIPAA: The parties agree that: A. Affiliate Is a covered entity for purposes of the Health Insurance Portability and Accountability Act (HIPAA) and subject to 45 CFR Parts 160 and 164 ("the HIPAA Privacy Regulations"), B. To the extent that TEEX students are participating in clinical and practical training at Affiliate and TEEX employees are providing supervision at AffiQate as part of such training, such students and TEEX employees shall: (1) be considered part of Affiliate's workforce for HIPAA compliance purposes in accordance with 45 CFR 164103, but shall not be construed to be employees of Affiliate; . (2) receive training by Affiliate on, and subject to compliance with, all of Affiliate's privacy policies adopted pursuant to the Regulations; and i (3) not disclose any Protected Health Information, as that term is defined by 45 CFR 160.103, to which a student has access through clinical and practical training at Affiliate or a faculty, or staff member has access through I the provision of supervision at Affiliate that not first been de4dentifled as provided in 45 CFR 164.514(a); C. TEEX will never access or request to access any Protected Health Information held'or collected by or on behalf of -Affiliate that has not first been de -identified as provided in 45 CFR 164.514(a), and D. No services are being provided to Affiliate by TEEX pursuant to this Agreement and therefore this Agreement does not create a "business associate" relationship as that term is defined in 45 CFR 160.103. 9. Notices:* Any notice required or permitted under this Agreement must be in writing, and shall be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the Intended recipient at the address set out below. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, email or other commercially reasonably means and will be effective when actually received (provided that in the event of a facsimile or email, concurrently therewith a copy Is mailed by certified mail, return receipt requested). TEEX and Affiliate may change their respective notice address by sending to the other party a notice of the new addresj . Notices should be addressed as follows: TEEX: EMS Program 200 Technology Way College Station, TX 77845 Attention: Eldon Taylor i Fax: (979) 458-3533 E-mail: eldorLtayfor@teex.tamu.edu Affillate; CITY OF BEAUMONT, PUBLIC HEATLH DEPARTMENT, EMS DIVISION 3040 College Street Beaumont, Texas 77701 Attention: Justin Arcemeaux Fax: ( ) E -mall: justin.arcemeaux@beaumonttexas.gov 10. Counterparts: This Agreement may be executed In any, number of counterparts, each of which shall be deemed an original, but aff of Which, together constitute but one instrument. TEEX CS -41- OOC APPROVED November 2016 Page 3 of 5 �, r Lti TEEX Contract #25-110569 11. Asslanment: Neither TEEX nor Affiliate may assign this Agreement or any of its rights or obligations under this Agreement, without the prior written consent of the other party; provided, that either party can assign the Agreerhent to an entity affiliated by ownership or control 12. Relationship of Parties: TEEX and Affiliate are independent parties acting in unison for the purpose of this Agreement. .Nothing in this Agreement or the parties' actions should be construed as creating any partner or agency relationship between TEEX and Affiliate. 13. Proffrem ParticHmW- Inde wA de While participating in the clinical program, the students and TEEX employees are acting Independently of Affiliate and are not employees of Affiliate, and therefore will riot be entitled to compensation, future employment, or any benefits of Workers' Compensation in the event of any injury occurring on Affiliate's premises. I 14. Force Ma9eure: Neither party is required to perform any term, condition, or covenant of this Agreement, If performance is prevented or delayed by a natural occurrence, a fire, an act of God, an act of terrorism, or other similar occurrence, the rause of which is not reasonably with the control of such party and which by due diligence it is unable to prevent or' overcome. j '15. Pubic Information: A. ' Affiliate acknowledges that TEEX Is obligated to strictly comply with the Public Information Act, Chapter 552, Texas Government Code, In responding to any request for public Information pertaining to this Agreement, as well as any other disclosure of information required by applicable Texas law. B. Upon TEEX's written request, AFFILIATE will provide specified public information exchanged or created under this Agreement that is not otherwise excepted from disclosure under chapter 552, Texas Government Code, to TEEX in a non-proprietary format acceptable to TEEX. As used In this provision, "public information" has the meaning assigned Section 552.002, Texas Government Code, but only includes Information to which TEEX has a right of access. C. Affiliate acknowledges that TEEX may be required to post a copy of the fully executed Agreement on its Internet website incompliance with Section 2261.253(a)(1), Texas Government Code. i 16. Non-Excluslve Affreement This Agreement should not be construed as an exclusive contract and the parties may enter. into other affiliation agreements. 1 17. Waiver: The waiver byeither party of a breach or violation of any provision of this Agreement will not be deemed a waiver of any subsequent breach of the same or different provision. 18. Severability: In the event that a provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement will rernaln In full force and effect. 19. Governine Law: The validity of this Agreement and all!matters pertaining to this Agreement, Including but not limited to, matters of performance, non-performance, breach, remedies, procedures, rights, duties, and Interpretation or construction, shall- be governed and determined by the Constitution and the laws of the State of Texas I 20. NonMalver Provision: Both parties acknowledge that as an agency of the State of Texas and a political subdivision of the State nothing in this Agreement will be construed as a waiver or relinquishment of its right to claim such exemptions, privileges, and Immunities as may be provided by law. i 21. RP • For purposes of this Agreement, pursuantto the Family Educational Rights and Privacy Act of 1974 (FERPA), the University hereby designates Affiliate as a school official with a legitimate educational Interest in the educational records of the students who participate in the Program to the extent that access to the records are required by Affiliate to carry out the Program. Affiliate agrees to maintain the cobfidentiality of the education records In accordance with the provisions of FFRPA. i TEEX CS -42 i OOC APPROVED November 2016 OED It, Page 4 of 5 ISO TEEX Contract ##25-110569 This Agreement constitutes the entire Ag&ernent between TEEX and Affiliate and supersedes all previous Agreements and understandings relating to the Clinical Affiliation. City of Beaumont. Public Health Department, Texas A&M Engineering Extension EMS Division By: _ By: Name: Kyle Hayes Name: R. Charles Todd Title: City Manager Title: Associate Alency Orector/CFO Date: Date: by EM BoIrms Once i I . I' 'I TEEX CS -41 OGC APPROVED November 2016. Page 5 of 5 3, � SE?_ G BEAUMONT'� TEXAS TO: City Council I FROM: Kyle Hayes, Ci tyi Manager PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: September 10, 20;19 REQUESTED ACTION: Council consider a resolution authorizing the city manager and the Chief of Policeito enter intoe a Memorandum of Understanding between the Beaumont Independent School District and the Beaumont Police I Department. BACKGROUND The Beaumont Independent School District operates its own police department. Officers commissioned by the BISD Police Department are authorized to perform their duties within the geographical boundaries of the district or within the State of Texas while district personnel are under direct supervision. For more than a decade, areas of responsibility for BISD PD have overlapped with those of the Beaumont Police Department. This renewal agreement outlines areas of primary responsibility for BISD officers, along with an agreement to notify Beaumont PD of incidents within Beaumont PD's primary jurisdiction and other incidents which may affect the safety of the residents of the City of Beaumont.j FOALINVI-13NTr]kT1 t Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BiEAUMONT: I THAT the City Manager be and he is hereby authorized to execute a Memorandum of Understanding between the Beaumont Police Department and the Beaumont Independent School District for the re responsibility for BISD officers,, along Department of incidents within Beaumont agreement which outlines areas of primary an agreement to notify Beaumont Police ice Department's primary jurisdiction and other incidents which may affect the safety of the residents of the City of Beaumont. Said Memorandum of Understanding is and made a part hereof for all purposes. The meeting at which this resolution strict compliance with the Texas Open M ly in the form attached hereto as Exhibit "A" approved was in all things conducted in s Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of September, 2019. - Mayor Becky Ames - Memorandum of Understanding Bei ®veen Beaumont Independent School District and the Beaumont City The Primary duties of Police officers District are as follows: Provide a safe and secure e person are participating or , but is not limited to extra c - school, or any other school Department by the Beaumont Independent School int for students, staff and citizens while those schoolsponsored activities which includes activities, students in transit to and from activity on or off campus. Protect the property of the Beaumont Independent School District including real and personal property located inside and outside boundaries of the District that is owned, leased, rented, or otherwise t se under the control of the district Protect the personal property of those individuals engaged in school related activities. 1 n, Performance of these duties includes all territory within the geographical boundaries of the District or within the State of Texas while thos i individuals are under direct supervision of the District. With an interest of creating and maintaining a cooperative atmosphere between the Beaumont Independent School District Police Department land the City of Beaumont Police Department, it is agreed and understood that Beaumont Independent School District police officers will enforce other criminal laws concerning felonies or breaches of the peace occurring in the presence of Beaumont Independent School District Police Officers or occurring within Beaumont Independent School District jurisdiction. In addition, Beaumont Independent School District Police Officers may be required to respond to life threatening situations or violations that come to their attention requiring immediate police intervention. In the event police action is taken by a Beaumont Independent School District Police Officer outside school district jurisdiction but within the Primary Jurisdiction of the City of Beaumont Police Department, a report of that Police action will be forwarded to the Office of the Chief of Police, Beaumont City Police Department. il The Beaumont Independent School District Police Department will notify the City of Beaumont Police Department of any incident or situation on any property owned, leased, rented, or under F EXHIBIT "A" the control of the Beaumont Independent School District that may affect the safety of the residents of the City of Beaumont not occupying the property. This agreement can be terminated.by either the Beaumont Independent School District or the City of Beaumont with ninety (90) days in writing to the City of Beaumont and the Beaumont Independent School District. Joseph jalbr&gh Chie Police, Beaumont ISD o ce Department James Singletary Chief of Police, Beaumont City Police Department � I i Dr. Shannon Allen Superintendent, Beaumont Independent School District I Kyle Hayes City Manager, City of Beaumont j H BEAUMONT TEXAS TO: City Council j FROM: Kyle Hayes, CitylManager PREPARED BY: James P. Singletary, Chief of Police J I MEETING DATE: September 10, 2019 REQUESTED ACTION: Council consider a resolution authorizing the city manager or his designee to execute all documents related to an agreement with the DEA (Drug Enforcement Agency) that would allow for federal reimbursement of overtime expenditures. BACKGROUND The Beaumont Police Department and the DEA have a long standing relationship which includes members of the department being assigned to a IDEA Task Force. Additionally, both agencies work together on joint investigations that target significant activity in and around the City of Beaumont. During these investigations, it is typically necessary for police -personnel to work extended hours to make them successful. The DEA has a program that allows overtime and other qualified expenditures to be eligible for federal reimbursement. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED OF THE CITY THAT the City Manager be and he is Agreement for the Use of the Expenses/Strategic Initiative. Program THE CITY .COUNCIL BEAUMONT: authorized to execute a FY 2019 or Local, Overtime and Authorized the City of Beaumont and DEA (Drug Enforcement Agency). to designate multiple Beaumont Police Department officers tc assist with DEA Organized Crime Drug Enforcement Task Force (OCDETF) operations and apply for federal reimbursement of overtime hours worked by those * officers. The Agreementis attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution Iwas 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 10th day of September, 2019. - Mayor Becky Ames - ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES FY 2019 Agreement. FOR THE USE OF THE STATE OR LOCAL OVERTIME AND AUTHORIZED EXPENSE/STRATEGIC INITIATIVE PROGRAM DUNS #: Federal Tax Identification #: Amount Requested: $10,000.00 073901118 74-6000278 I Number of Officers Listed: 1 From: August 30, 2019 Beginning Date of Agreement To: September 30, 2019 Ending Date of Agreement State or Local Organization Narcotics Supervisor: Lt. Mike Mills Telephone Number: (409) 785-3087 E-mail Address: mike.mills@beaumonttexas.gov, Sponsoring Federal Agency(ies): BATF/DEA UFMS Doc#: DC#: OCDETF Investigation / Strategic Initiative Number: Operation Name: Federal Agency Investigations: Number: State or Local Organization Name: Beaumont Police Department Address to receive OCDETF paperwork (no PO Boxes): A=: Lt. Mike Mills 255 College Beaumont, Texas 77701 Sponsoring Federal Agency Group/Squad Supervisor: Marlin Ford Telephone Number: E-mail Address: marlin.ford@atf.gov Please provide the name, telephone number, e-mail address, and fax number for the financial staff person at the State or Local (Organization, who is directly responsible for the billing on the Reimbursement Request: Name: Kristin Ferguson Telephone Number: E-mail Address: Agreement (FYI 9), Page 1 (409) 880-3789 kristin.ferguson@beaumonttexas.gov EXHIBIT "A" This Agreement is between the above named State or Local Law Enforcement Organization and the Organized Crime Drug Enforcement Task Forces (OCDETF) Program. This Agreement shall be effective when signed by an authorized State or Local Organization official, the sponsoring Federal Agency Special Agent -In -Charge, thesponsoring Agency Regional OCDETF Coordinator, the Assistant United States Attorney Regional OCDETF Director, and the OCDETF Executive Office. 1. It is agreed that the State or Vocal Law Enforcement officers named on this Agreement will assist in OCDETF Investigations, Strategic Initiatives and prosecutions as set forth in the Organized Crime Drug Enforcement Task Forces State or Local Overtime and Authorized Expense/Strategic Initiative Programs, Policies and Procedures Manual, Fiscal Ye 2019. 2. No individual Agreement with a State or Local organization may exceed $25,000, and the cumulative amount of OCDETF State and Local overtime monies that may be expended on a single OCDETF Investigation or ;Strategic Initiative in a single fiscal year may not exceed$50,000 without express prior approval from the OCDETF Executive Office. The OCDETF Executive Office will entertain requests to exceed these funding levels in particular cases. Please submit a written request including justification approved by the AUSA Regional Director to the OCDETF Budget Officer/Deputy Budget Officer when seeking to exceed the above stated funding levels. j 3. Each Reimbursable Agreement will be allowed no more than six (6) modifications per year. In addition, if the funds for a particular Agreement are completely deobligated with the intention of closing that Agreement, it will not count as a modification for purposes of this policy. These amendments must be transmitted by a memorandum approved and signed by the AUSA Regional OCDETF Director or designee for the region and sent to the OCDETF Executive Office. 4. If an Agreement does not have any ,activity during the last ninety (90) days, the funds shall automatically be deobligated. The OCDETF Executive Office will assist with the monitoring of the aging Agreements. Further, if a State or Local Organization indicates that it is no longer performing work under a particular Agreement, the State or Local Overtime and Authorizedi Expense/Strategic Initiative Programs, Policies and Procedures Manual requires that a modification memorandum identifying the amount to be deobligated be submitted to the OCDETF Executive Office as soon as possible after determining that no work is being performed. 5. The State or Local Law Enforcement Organization agrees to provide experienced drug Law Enforcement officers who are identified in this Agreement to work on the specified OCDETF Investigation �or Strategic Initiative. Any change in Law Enforcement officers assigned must be agreed to by all approving officials. Agreement (FY19), Page 2 j 6. Officers who are not deputized shall possess no Law Enforcement authority other than that conferred by virtue of their position as a commissioned officer of their parent Agency. 7. Officers who are deputized may possess Federal Law Enforcement authority as specified by the Agency affording the deputation. 8. Any State or Local officers assigned to an OCDETF Investigation or Strategic Initiative in accordance with this Agreement are not considered Federal employees and do not take on the benefits of Federal employment by virtue of their participation in the Investigation or Strategic Iniiiative. 9. OCDETF and the sponsoring Federal Law Enforcement Agency(ies) for the approved OCDETF Investigation or Strategic Initiative will provide to the assigned State or Local officers the clerical, operational and administrative support that is mutually agreed to by the parties ink this Agreement. 10. Officers assigned to OCDETF Investigations or Strategic Initiatives should work full-time on the Investigation(s) or Strategic Initiatives) in order to be paid overtime. In order to satisfy the "full-time" expectation, a Law Enforcement officer should work forty (40) hours per week or eight (8) hours per day on a single or multiple OCDETF Investigation(s) or Strategic Initiative(s). Any established exceptions or waivers to this definition shall be requested by the Regional Coordination Group and attached as Addendum A to the Agreement. [The parent State or Local Organization must pay the base salary of its officers. In the event officers must work overtime on an OCDETF Investigation or Strategic Initiative, the OCDETF Program will reimburse the parent State or Local Law Enforcement Organization for a limited amount of those overtime costs.] The Organization is responsible for paying its Law Enforcement officer(s) for their overtime, travel and per diem expenses. To ensure proper and complete utilization of OCDETF overtime and expense allocations, reimbursement claims must be submitted monthly on the OCDETF Reimbursement Request Form. The OCDETF Executive Office may refuse payment on any reimbursement request that is not submitted to the OCDETF Regional Coordination Group within thirty (30) days of the close of the month in which the overtime was worked. 11. It is the responsibility of the State or Local Organization to retain and have available for inspection sufficient supporting (documentation for allregular hours and overtime hours worked towards a specific OCDETF case. Officers' timesheets must reflect work towards a specific OCDETF case and must be reviewed and signed by an authorized State or Local official. 12. Analysis of reimbursement claims by the Regional Coordination Group may result in a modification of the obligation of funds contained within this Agreement as well as the time period covered. The Organization affected by any such modification will receive a memo notifying them of the changes. Agreement (FYI 9), Page 3 i 13. Overtime payments, including all other non-OCDETF Federal sources (such as Safe Streets, HIDTA, IRS, ICE, FEMA, etc.) may not, on an annual per person basis, exceed 25% of the current approved Federal salary rate in effect at the time the overtime is performed. The State or Local Organization is responsible for ensuring' that this annual payment is not exceeded. The Executive Assistant/OCDETF Program Specialist will monitor these payments via MIS and communicate to the Federal Agency Regional OCDETF Coordinators who provide status updates to any officer approaching the threshold. 14. The overtime log must be attached to the reimbursement request when submitting the monthly invoices. The Sponsoring Federal Agency Supervisory Special Agent and the State or Local official authorized to approve the Reimbursement Request must certify that only authorized expenses are claimed, the regular hours requirement is satisfied, and that overtime has not exceeded 25% of the current Federal salary rate in effect at the time the overtime was worked. 15. Under no circumstances will the State or Local Organization charge any indirect costs for the administration or implementation of this Agreement. 16. The State or Local Organization shall maintain complete and accurate records and accounts of all obligations and expenditures of funds under this Agreement for a period of six (6) years and in accordance with generally accepted accounting principles to facilitate inspection and auditing of such records and accounts. 17. The State or Local Organization shall permit examination and auditing by representatives of the OCDETF Program, the sponsoring Federal Agency(ies), the U.S. Department of Justice, the Comptroller General of the United States, and/or any of their duly -authorized agents and representatives, of any and all records, documents, accounts, invoices, receipts, or expenditures relating to this Agreement. Failure to provide proper documentation will limit State or Local Law Enforcement Organizations from receiving OCDETF funding in the future. 18. The State or Local Organization will comply with Title VI of the Civil Rights Act of 1964 and all requirements applicable to OCDETF Agreements pursuant to the regulations of the Department of Justice see e.g_, 28 C.F.R. Part 42, Subparts C and G; 28 C.F.R. 50.3 (1991)) relating to discrimination on the grounds of race, color, sex, age, national origin or handicap,. 19. This Agreement may be terminated by any of the parties by written notice to the other parties ten (10) business days prior to termination. Billing for outstanding obligations shall be received by OCDETF within thirty (30) days of the notice of termination. Agreement (FY19), Page 4 20. The Debt Collection Improvement Act of 1996 requires that most payments made by the Federal government, including vendor payments, must be made by electronic funds transfer (EFT). In accordance with the act, all OCDETF reimbursement payments will be issued via EFT. i All participating State and Local Organizations must complete and submit the attached EFT form. The OCDETF Executive Office must receive one EFT form from each participating organization prior to processing their reimbursement payments. In certain circumstances the OCDETF Executive Office may make exceptions for Organizations that are unable to accept this form of payment, however, such Organizations must include written justification in the addendum of each new Agreement. 21. All changes made to the original Agreement must be approved by the OCDETF Executive Office and initialed by the Executive Assistant/OCDETF Program Specialist of the Regional Coordination Group making the revision. The AUSA Regional OCDETF Director or designee must initial all funding changes. 22. The Regional Coordination Group is responsible for identifying and implementing any additional policy requirements, as needed, for its specific region. Those regional policies will be documented in the ` Addendum B and attached to the approved Agreement. The Organizations are agreeing to adhere to these additional requirements and must have written lapproval by the Regional Coordination Group for any exceptions to. the regional policies. 23. Restrictions: Fringe benefits (such as retirement, FICA, or other expenses) are NOT to be included in overtime payment. Auxiliary educational benefits are also NOT to be included in overtime payment. Reimbursement of overtime payment is based solely on the authorized overtime rate of each, participating officer listed in the Agreement. Under no circumstances may a State or Local agency include any administrative fees for the processing of overtime. Additionally, officers are not eligible for reimbursement of compensation time earned in lieu of overtime payment. OCDETF will only reimburse an actual $ amount paid to the officer for overtime worked, any additional benefit (including compensation time) will NOT be reimbursed. This Agreement is not a contract or obligation to commit Federal funds in the maximum amounts projected. Funding allocations for the time period set forth and agreed to herein represent projections only and are based upon consultation between the sponsoring Federal Agency and the State or Local Law Enforcement Organization. They are, therefore, subject to modification by OCDETF based upon the progress and needs of the OCDETF Investigation or Strategic Initiative. Additionally, resources are contingent upon the availability of . funds per the approval and! signature of the OCDETF Executive Office obligating authority. The OCDETF Executives Office will approve and certify that all the terms and conditions of the Agreement have been metJ Each Agreement must be approved and signed by a State or Local Law Enforcement Organization official who has supervisory authority over, and is authorized to assign, the participating Law Enforcement officers to the OCDETF Investigation or Strategic Initiative. Agreement (FYI 9), Page 5 Approved By: Authorized State or Local Official Title Date Print Name Approved By: Sponsoring Federal Agency Special Agent in Charge or Designee Date Print Name Approved By: Sponsoring Agency Regional OCDETFI Coordinator Date Approved By: Assistant United Std tes Attorney Regiona10 CDETF Director Date Funds are encumbered for the State or Local Organization overtime costs and authorized expense/Strategic Initiative Programs specified above. Subject to availability of funds. Funds Certified: OCDETFExecutive Office I Date Approving Official: OCDETF Executive Office Agreement (FY19), Page 6 Date ORGANIZED CRIME DRUG STATE OR LOCAL LAW ASSIGNED TO PARTIC LOCAL OVERTIME AND AUT INITIATIV ORCEMENT TASK FORCES NFORCEMENT OFFICERS 'ATE IN THE STATE AND ORIZED EXPENSE/STRATEGIC PROGRAMS State or Local Organization: Beaumont, Texas Police Department OCDETF Investigation / Strategic Initiative N The Law Enforcement officers listed below Investigation or Strategic Initiative. Any in must be agreed to in writing by all of.the pa Agreement, and forwarded to the OCDETF NAME 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Agreement (FY19), Page 7 assist with the above identified OCDETF cation of the list of Law Enforcement officers to this Agreement, made a part of the ;utive Office. TITLE/RANK W: Addendum A Definition of "Full -Time Participation" The Southwest Region Coordination G For purposes of reimbursing OCDETF 1. Work 40 hours per week on a single investigations; or 2. If the officerlagent is not assigned 1 OCDETF investigations, then the offic( time in a given day toward the OCDETF or 3. To accommodate exigent unforeseen management of dedicated resources ca action,, overtime hours incurred may be having worked an 8 hour shift dedicate( officerlagent is diverted from normal sh request of a supervisor of a federal ages Reimbursement under such circumstan incurred in response to the unforeseen enforcement action Is complete, no add. without compliance with 1 or 2 above: l overtime hours be reimbursed under thi supervising the enforcement action sho Coordinator of the enforcement action a and Local Department(s) promptly. Exemptions will be considered on a All approvals are subjected to the a, Any Other Exceptions or Justifications Agreement (FY19), Page 8 up State and Local OVERTIME POLICY claims, the following applies: ,CDETF investigation or multiple OCDETF I time to a task force working exclusively agent is required to work 8 hours regular vestigation before claiming any overtime; circumstances when effective not handle a particular enforcement ,eimbursed without the officerlagent to the investigation, provided that the work to accommodate the need at the as will be limited to the overtime Kigent circumstances, that is, when the Tonal overtime will be reimbursed ider no circumstances will more than 24 provision. The federal agency Id notify the appropriate Regional d overtime hours incurred by the State by case basis per individual incident. ility of funds. ADDENDUM B TO STATE AND LOCAL OVERTIME AGREEMENT STRATEGIC INITIATIVE FUNDING REQUEST Note: The following ONLY pertains to Strategic Initiative Funding Requests State and Local agencies acknowledge that all 'proposed expenditures requested under State and Local Overtime funds are conditioned upon the Southwest Regional Coordination Group (RCG) approval concurrent with any pre -approval process by the OCDETF Executive Office before funding is initiated. Furthermore, the requesting State and Local agencies acknowledge that any approval process from the State and Local Overtime funds are considered reimbursable expenditures. Any State and Local agency seeking Strategic I I itiative Funding should initially contact the federal agency point of contact. The federal agency point of contact will coordinate further responses with the RCG. Agreement (FY19), Page 9 BEAUMONT TO: FROM: PREPARED BY: MEETING DATE: City Council Kyle Hayes, City Manager Tyrone E. Cooper, City Attorney September 10, 2 +019 REQUESTED ACTION: Council consider a resolution indicating an affirmative intent to continue to receive a share of bingo prize fees collected after January 1, 2020.1 BACKGROUND The City of Beaumont currently receives a share of the prize fees collected on charitable Bingo activity that occurs in the City. Non-profit organizations conducting Bingo activities collect a 5% fee on cash prizes awarded of more than $5.00. A pro -rata share of the fees collected are remitted to the City by the Texas Lottery Commission (TLC) each fiscal year. In order to continue to receive these proceeds after January 1, 2020 the council must affirmatively vote indicating its desire to do so and submit proof of the vote to the TLC by November 1, 2019. Effective January 1, 2020 the licensed organizations conducting Bingo in the City will be responsible for sending 50% of the prize fees directly to the City on a quarterly basis. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. I RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS in 1993 the City of Beaumont elected to receive a share of the BINGO prize fees collected by non-profit organizations conducting BINGO activities in the City of Beaumont; and, WHEREAS the 86th Texas Legislature enacted House Bill 914 affecting how these fees are to be collected and 2020; and, WHEREAS' the City Council of to the local jurisdictions after January 1, City of Beaumont desires to continue to receive a share of these funds from BINGO activity conducted in the City after January 1, 2020; and, WHEREAS it is in the best interest of the City of Beaumont to continue to receive a share of the BINGO prize fees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council does hereby indicate by affirmative vote its intent to continue to receive. a share of BINGO prize fees collected by non-profit organizations conducting BINGO activities in the City of Beaumont after January 1, 2020. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Coder,,Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of 4 September, 2019. i -, Mayor Becky Ames - BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 10, 2019 1:30 PM :\ _II M r1XII til .7 * Invocation Pledge Roll Call * Presentations and Recognitions * Public Comment: Persons may speak on scheduled agenda items 1-3/Consent Agenda i * Consent Agenda GENERAL BUSINESS 1. Consider amending Section 20.03.004 of the Code of Ordinances related to Speed Regulations and School Zones j 2. Consider allowing ninety (90) day extensions for the parking, use and occupancy of Manufactured Housing Units (MHUs) and Recreational Vehicles (RVs) as temporary living quarters on six residential properties damaged by Hurricane Harvey in accordance with Ordinance 19-011 3. Consider approving a contract �ith K & F Demolition, Inc. of Houston for the asbestos abatement and demolition of two structures located at 770 and 780 South 4t' Street PUBLIC HEARING * Receive comments on the 2019 WORK SESSIONS * Review information related to sewer work in progress and pl * Review and discuss the 2020) proposed tax rate Water Utilities Fund and receive an update on ;d citywide of the Tyrrell Park Golf Course COMMENTS * Public Comment (Persons are limited to 3 minutes) * Councilmembers/City Manager comment on various matters I EXECUTIVE SESSIONS * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Taylor Dill * Consider matters related to the employment, evaluation, duties of a public officer or employee in accordance with Section 551.074 of the Government Code to wit; specifically: Kyle Hayes, City Manager Tyrone Cooper, City Attorney Tina Broussard, City Clerk Craig Lively, Chief Magistrate 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. 11 j September 10, 2019 Consider amending Section 20.03.004 of the Code of Ordinances related to Speed Regulations and School Zones BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, Cityl Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer I MEETING DATE: September 10, 2019 REQUESTED ACTION: Council consider amending Section 20.03.004 of the Code of Ordinances related to Speed Regulations and School Zones. BACKGROUND Recently staff received a request from All Saints Episcopal School to add a school zone for their middle school. A zone is already established on Delaware that is in use for their elementary students. The middle school students are picked up and dropped off on French Road which is not included within that zone. After review, staff recommends an additional zone be set up on French Road that will address the middle school with the same times as the school zone on Delaware. Also, after reviewing the Sallie Curtis Elementary school zone, staff noticed that the description for the part of the school zone beginning on Westgate was incorrect. The changed description reflects the true location of the beginning of the school zone on Westgate for Sallie Curtis Elementary. FUNDING SOURCE None. RECOMMENDATION Approval of the ordinance changes. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 20, SECTION 20.03.004 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS BY CHANGING AND AMENDING SCHOOL ZONE TIMES FOR ALL SAINTS EPISCOPAL AND BY CHANGING AND AMENDING SCHOOL ZONE BOUNDARIES FOR SALLIE CURTIS ELEMENTARY SCHOOL BEGINNING SON WESTGATE DRIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT Chapter 20, Section 20.03.004, of the, Code of Ordinances of the City of Beaumont, be and the same is hereby amended by amending the time schedule for the follows: SCHOOL STREET All Saints French Road Episcopal School DIRECTION OF TRAVEL 0 THAT Chapter 20, Section 20.03.004, S I zone of All Saints Episcopal School as DESCRIPTION From a point 100 feet south of the centerline of Diane Drive to a point 150 feet south of the centerline of Blackmon Lane. SCHEDULE 6:45 am - 8:00 am & 3:00 pm - 3:45 pm of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended by amending the physical boundaries of Sallie Curtis Elementary beginning on Westgate Drive to read as follows: SCHOOL STREET DIRECTION i DESCRIPTION SCHEDULE OF TRAVEL Sallie Curtis Westgate Elementary Drive E&W From a point'615 feet 7:00 am - 8:20 west of the centerline am & of Peyton Drive to the 3:10 pm - 3:55 intersection of pm Westgate Drive and Peyton Drive. Section 3. That if any section, subsection, sentence,, clause of phrase of this ordinance, or the application of same to a particular set reason be held to be invalid, such inval ordinance, and to such end, the various declared to be severable. persons or circumstances, should for any shall not affect the remaining portions of this ns and provisions of this ordinance are That all ordinances or parts of ordinances i;n conflict herewith are repealed to the extent of the conflict only. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the -Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in i strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. i PASSED BY THE CITY September, 2019. COUNCIL of the City of Beaumont this the 10th day of - Mayor Becky Ames - Sec. 20.03.004 Speed limits decreased in school zo It is hereby determined, upon the basis of an engineeru state law upon those streets, or portions of streets, desc reasonable or safe under the conditions found to exist t facie speed limit upon those streets or portions thereof therein stated and the limits so declared shall be effecti giving notice thereof. In accordance with this section, and when signs are ere shall be twenty (20) miles per hour for each school zon school days: and traffic investigation, that the speed permitted by ped in the following schedule is greater than is in such streets and it is hereby declared that the prima scribed in the following schedule shall be decreased as at the times specified therein when signs are erected ed giving notice thereof, the prima facie speed limit between the hours below, Monday through Friday on SCHOOL STREET , DIRECTION DESCRIPTION SCHEDULE OF TRAVEL Sallie Curtis Westgate Drive E & W From a point 615 feet west of the 7:00 am - 8:20 am Elementary centerline of Peyton Drive to the & intersection of Westgate Drive 3:10 pm - 3:55 pm and Peyton Drive. All Saints French Road N & S From a point 100 feet south of the 6:45 am - 8:00 am Episcopal centerline of Diane Drive to a & School point 150 feet south of the 3:00 pm - 3:45 pm centerline of Blackmon Lane. EXHIBIT "A" Consider allowing ninety (90) day extensions Manufactured Housing Units (MHUs) and Re quarters on six residential properties damaged 19-011 2 September 10, 2019 r the parking, use and occupancy of ational Vehicles (RVs) as temporary living iHurricane Harvey in accordance with Ordinance BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City) Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: September 10, 2019 REQUESTED ACTION: Council consider allowing ninety (90) day extensions for the parking, use and occupancy of Manufactured Housing Units (MHUs) and Recreational Vehicles (RVs) as temporary living quarters on six residential properties damaged by Hurricane Harvey in accordance with Ordinance 19-011. BACKGROUND In September, 2017, as a response to more than 2,000 households affected by Hurricane Harvey, Council approved an ordinance to allow for thel use of Recreational Vehicles (RVs) and Manufactured Housing Units (MHUs) on residential property a period of one (1) year, with an additional six (6) month extension approved in September, 2018. In March, 2019 Ordinance 19- 0.11 was approved granting an additional six (6) month extension, with the option for residents to apply for a ninety (90) day extension if the home is still under construction, the resident is in litigation with their insurance company or if they have applied for and are awaiting CDBG disaster recovery assistance. As we now approach the September 19 deadlir removed by the General Land Office. Applic, ninety (90) day extension as allowed for under 3940 Anita Street 11100 Church Road 11130 Church Road 11220 Church Road , the vast majority of RVs and MHUs have been its at the following addresses have applied for a )rdinance 19-011. 10355 Dusty Lane 11427 Old Voth Road Based on the applications submitted, the Administration is recommending extensions for these addresses. FUNDING SOURCE Not applicable. RECOMMENDATION , Approval of the Ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 19- 011 BY ALLOWING FOR A NINETY (90) DAY EXTENSION FOR THE PARKING, USE AND OCCUPANCY OF RECREATIONAL VEHICLES, MANUFACTURED AND INDUSTRIALIZED HOUSING AS TEMPORARY LIVING QUARTERS ON RESIDENTIAL PROPERTY DURING THE PERIOD OF REPAIR OR RECONSTRUCTION OF DAMAGE TO PROPERTY CAUSED BY HURRICANE/TS HARVEY; ALLOWING FOR AN OPTION TO REQUEST AN ADDITIONAL NINETY (90) DAY EXTENSION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. WHEREAS, on September 19, 2017 the City Council of the City of Beaumont, Texas adopted Ordinance No. 17-059 allowing a period of one (1) year with an option to extend up to six (6) months, with Council approval, for the parking, use and occupancy of recreational vehicles, manufactured and industrialized housing as temporary living quarters on residential property during the 'period of repair or reconstruction of damage to property caused by Hurricane/TS Harvey',; and; WHEREAS, on September 18, 2018, the City Council of the City of Beaumont, Texas adopted Ordinance No. 18-053 a six (6) month extension for the parking, manufactured and industrialized housing property during the period of repair or nding Ordinance No. 17-059 by allowing for and occupancy of recreational vehicles, temporary living quarters on residential ction of damage to property cause by Hurricane/TS Harvey and allowing for an option to request an additional ninety (90) day extension; and, WHEREAS, on March 19, 2019, the City Council of the City of Beaumont, Texas adopted Ordinance No. 19-011 amending Ordinance No. 18-053 by allowing for a ninety (90) day extension for the parking, use and occupancy of recreational vehicles, manufactured and industrialized housing property during the period of repair or Hurricane/TS Harvey'and allowing for an extension; and WHEREAS, it was not until N (GLO) opened their local offices to begin temporary living quarters on residential ction of damage to property cause by to request an additional ninety (90) day 2018 that the Texas General Land Office ing applications for the Homeowner's Assistance Program (HAP), the primary program 'for the repair and replacement of flooded homes; and, WHEREAS, although many properties have been repaired in the past eighteen months, many are still under construction or awaiting repairs; and, WHEREAS, the Administration is extension of the deadline; and, WHEREAS, as the new deadline Planning & Community Development r request a ninety (90) day extension; and, WHEREAS, a ninety (90) day Council if the home is still under mending an additional ninety (90) day , residents, upon application to the rtment, would be allowed the opportunity to sion could then be granted by the City ction, the resident is in litigation with their insurance company, or if they have applied for and are awaiting Community I Development Block Grant (CDBG) disaster recovery assistance; and, l WHEREAS, the City Council is of the opinion that it is in the best interest of the citizens of the City of Beaumont to amend (Ordinance No. 19-011 to allow a ninety (90) day deadline extension, with Council approval, for the parking, use, and occupancy of recreational vehicles, manufactured and .j industrialized housing as temporary living quarters on residential property during the to property caused by Hurricane Harvey; NOW THEREFORE, riod of repair or reconstruction of damage IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and THAT Ordinance 19-011 is hereby extension, with Council approval, for the vehicles, manufactured and industria residential property during the period of caused by Hurricane Harvey. THAT as the new deadline app Planning & Community Development Del request a ninety (90) day extension. I ded to allow a ninety (90) day deadline ,rking, use, and occupancy of recreational housing as temporary living quarters on iir or reconstruction of damage to property es, residents, upon application to the E)nt, would be allowed the opportunity to THAT a ninety (90) day extension could then be granted by the City Council if the home is still under construction, the resident is in litigation with their insurance company, or if they have applied for and Grant (CDBG) disaster recovery assistanc awaiting Community Development Block [Ti THAT if any section, subsection, se ce, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 6. THAT all ordinances or parts of ordinances in conflict herewith are repealedto the extent of the conflict only. Section 7. - THAT any person who violates any provision of this ordinance shall, upon. conviction, be punished, as provided in Section 1.01.009 of the Code or Ordinance of Beaumont, Texas. i The meeting at which this ordinance strict compliance with the Texas Open 551. PASSED BY THE CITY COUNCIL September, 2019. approved was in all things conducted in ngs Act, Texas Government Code, Chapter the City of Beaumont this the 10th day of - Mayor Becky Ames - ORDINANCE NO. 19-011 I ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 18- 053 BY ALLOWING FOR ASIX (6) MONTH EXTENSION FOR THE PARKING, USE AND OCCUPANCY OF RECREATIONAL VEHICLES, MANUFACTURED AND INDUSTRIALIZED HOUSING AS. TEMPORARY LIVING QUARTERS ON RESIDENTIAL PROPERTY DURING THE -PERIOD OF REPAIR OR RECONSTRUCTION OF DAMAGE TO PROPERTY CAUSED BY HURRICANEITS HARVEY; ALLOWING FOR AN OPTION TO REQUEST ANS ADDITIONAL NINETY (90) DAY S EXTENSION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY'. WHEREAS, on September 19, 2017 the City Council of the City of Beaumont, I Texas adopted Ordinance No. 17-059 allowing a period of one (1) year with an option to extend up to six (6) months, with Council approval, for the parking, use and occupancy i of recreational vehicles, manufactured and industrialized housing as temporary living quarters on residential property during the, period of repair or reconstruction of damage to property caused by Hurricane/TS Harvey; and; i WHEREAS, on September 18,-2018, the City Council of the City of Beaumont, Texas adopted Ordinance No. 18-053 amending Ordinance No. 17-059 by allowing for a six (6) month extension for the parking,! use and occupancy of recreational vehicles, manufactured and industrialized_ housing as temporary- living quarters on residential property during the period of repair or reconstruction of damage to property cause by Hurricane/TS Harvey and allowing for an option to request an additional ninety (90) day I extension; and, WHEREAS, it was not until November 2018 that the Texas General Land Office (GLO) opened their local offices to begin processing applications for the Homeowner's EXHIBIT "A" Assistance Program (HAP), 'the primary ;program for the repair and replacement of flooded homes; and, WHEREAS, although many properties have been repaired in the past eighteen months, many are still under construction or awaiting repairs; and, WHEREAS, the Administration is ;recommending an additional six (6) month extension of the deadline; and, WHEREAS, as the new deadline approaches, residents, upon application to the Planning & Community Development Department, would be allowed the opportunity to request a ninety (90) day extension; and, WHEREAS, a ninety (90) day extension could then be granted by the City Council if the home is still under construction, the, resident is in litigation with their insurance company, or if they have applied for and are awaiting Community i Development Block Grant (CDBG) disaster; recovery assistance; and, WHEREAS, the City Council is of the opinion that it is in the best interest of the citizens of the City of Beaumont to amend Ordinance No. 18-053 to allow.a six (6) month deadline extension, with Council approval, for the parking, use, and occupancy of I recreational vehicles, manufactured and industrialized housing as temporary living quarters on residential property during the period of repair'or reconstruction of damage to property caused by Hurricane Harvey; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: I Section 1. THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted. Section 2. THAT Ordinance 18-053 is hereby, amended to allow a six (6) month deadline extension, with Council approval; for the .parking, use, and occupancy of recreational vehicles, manufactured and industrialized housing as temporary living quarters on residential property during the period of repair or reconstruction of damage to property caused by Hurricane_ Harvey. Section 3. THAT as the new deadline approaches, residents, upon application to the Planning & Community Development Department, would be allowed the opportunity to request a ninety (90) day extension. Section 4. THAT a ninety (90) day extension could then be granted by the City Council if the home -is still under construction, the resident is in litigation with their insurance company, or if they have applied for 'and are awaiting Community Development ' Block Grant (CDBG) disaster recovery assistance. Section 5. i i THAT if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular 's0 of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this i ordinance, and to such end, the various portions and provisions of this ordinance are • I declared to be severable. Section 6. i THAT all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. j Section 7. j THAT any person who violates aI ny provision of this ordinance shall, upon conviction, be punished, as provided in Section'1.01.009 of the Code or Ordinance of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in I strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter i I 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of March, 2019. IF -Mayor Becky Ames - kith 'BEAUMONT Planning 8 Community De"Jopmmt City of Beaumont Harvey Mobile Housing Unit Extension Application TrailerAddress: F`[� _ Date Application Received: Owner Name Address ZIP Phone 1101- 301,,312q F i Occupant Name Address ZIP Phone Reason for request (please check all categories fli#apply and describe below): (A) Actively Working on home (B)Applied for Disaster Recovery (G) In litigation with insurance tamer For Category A, please describe work that has been done on the home (including permit member, work done to date and inspections: For Category B, please list the agency to which you applied, the date of application for Disaster Recovery and current status: {�eic�ti mer` b ee-e— For Category C, please list your insurance carrier, attorney's name and please describe the status of your lawsuit. NOTICE: Documentation supporting your claim of progress on the repair of your home should be attached to this application. Documentation shall include: Category A: Copy of your building p—t; photographs of work done, any contracts for work currently being done CategoryB: Statement of date of application, agency that you applied with for Disaster Recovery finds and current status. Category C: statement from your attorney or other paperwork substantiating active litigation with your insurance carrier, SYl1A=0F6WNER DATE Recommendation of Planning Manager: Approve Deny Date of Review Date forwarded to the City Council for review: Date of Council Hearing: Council Disposition: Approved Denied Date of Disposition: Approved by Zoning Official: Date: 9/3/2019 Mail - Adina Josey - Outlook "EXTERNAL" Michael Corbin michaelcorbin59@gmaii.com Tue 9/3/201912:27 PM To: Adina Josey <Adina.Josey@BeaumontTexas.gov> 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. Verizon ' '14M7°0 o Q cdrportalprd.dynamics365portals. us application, please email cdr@glo.texas, ov or call 1-844-893-8937 or 512-475-5000. My Submitted Application Summary Reason Created On Co -Applicant Name Project Review 12%12%201$ 11:04 AM Address 1 10355 Dusty Lane haps://outlook.office.com/mai lAnboxriid/AAMkADAzODk2YzlkLTc4ZjQtNGQ5NO5NjdmLTA4NmJlMjBjNTAwNABGAAAAAADLNNapnQn%2BTozPZzLz... 1/3 BEAU O T Planning & Community Development City of Beaumont Harvey Mobile mousing Unit Extension Application Trailer Address: Date Application Received: Owner Name Address ZIP Phone Cell Phone/Pager John W. Snider 11100 Church ltd. Bmt: Tx. 77713 409-201-0022 Occupant Name Address i ZIP Phone Cell Phone/Pager John W. Snider 11100 Church Rd.13mt. Tx. 77713 409-201-0022 Reason for request (please check all categories that apply and describe below): (A) Actively Working on home (B) X_Applied for Disaster Recovery (C) , In litigation with insurance carrier For Category A, please describe work that has been done on the home (including permit number, work done to date and inspections: For Category B, please list the agency to which you applied, the date of application for Disaster Recovery and current status: Applicant went to project set up on 1/8/2019 Applicant went to next level 2 weeks ago which is Environmental For Category C, please list your insurance carrier, attorney's name and please describe the status of your lawsuit. NOTICE: Documentation supporting your claim of progress on the repair of your home should be attached to this application. Documentation shall include: Category A: Copy of your building permit; photographs of work done, any contracts for work currently being done Category B: Statement of date of application, agency that you applied with for Disaster Recovery funds and current status. Category C: Statement from your attorney or other paperwork substantiating active litigation with your insurance carrier. 8/27/2019 Mail - Adina Josey - Outlook FW: GLO Homeowner Assistance Program Funding Availability - PROJECT SET-UP NOTIFICATION CRM:0132180 Della Hataway <nmabmtproduction@nellmc.com> Tue 8/13/20191:19 PM To: Adina Josey <AdinaJosey@ Beau montTexas.g ov> Regarding John Snider From: TIGR CDR <TIGR@recoverytexas.gov> Sent: Friday, April 12, 2019 1:20 PM To: Yovana Benavides <Yovana.Benavides.ctr@recovery.texas.gov> Subject: GLO Homeowner Assistance Program Funding ,Availability - PROJECT SET-UP NOTIFICATION CRM:0132180 An applicant has submitted the following complete, eligible application for their home. The project is moving into the set-up status and you will have 21 days to complete the site-specific environmental review, a damage assessment, and a cost estimate: Please notify the applicant that their application is now moving into Project Set -Up, where GLO partners will complete an environmental review, a damage assessment, and a cost estimate for the potential repair or replacement of their home. Snider, John 11100 Church Road Beaumont 77706 Jefferson 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://outlook.office.com/mailTiinboxrd/AAMkADA7ODk2Yz[kLTc4ZjQtNGQ5NyO5NjdmLTA4NmJlMjBINTAwNABGAAAAAADLNNapnQn%2BTozPZZLz... 1 /1 BEAUMONT Planning & Community Development City of Beaumont Harvey Mobile Housing Unit Extension Application Trailer Address: t [Date Application Received: OwnerName Address ZIP Phone Occupant Name Address ZIP Phon S POE, � ��(� 40 - ?q Reason for request (please check all categories fl5 apply and describe below): (A) Actively Working on home (B) Applied for Disaster Recovery (C) In litigation with insurance carrier For Category A, please describe work that has been done on the home (including permit number, work done to date and inspections: For Category B, please list the agency to which you applied, the date of application for Disaster Recovery and current status: ZO 18 '� CkWf(-)A4 S+4b-3 ��. Pf &4' L, P For Category C, please list your insurance carrier, attorney's name and please describe the status of your lawsuit. NOTICE: Documentation supporting your claim ofprogress on the repair ofyour home should be attached to this application. Documentation shall include: CategoryA: Copy of your building permit; photographs of work done, any contracts for work currently being don Category B: Statement of date of application, agency that you applied with for Disaster Recovery funds and current status. Category C: Statement irony attorney or other paperwork substantiating active litigation with your insurance carrier. SIGNATLV O DTE Recommendation of Planning Manager: Approve Deny Date of Review Date forwarded to the City Council for review: Date of Council Hearing: Council Disposition Approved Denied Date of Disposition: Approved by Zoning Official: Date: 7/2312019 Manage your appUc&on . Customer Self -Service My Submitted Application Summary Status Project Set-Up(/viewia/?id=d97coo9b-edf3-e811—a14o-0o155d318f72) Reason Created On 11/29/2018 9:44 AM Applicant Laine Address iL 3940 Anita Street city Beaumont County Jefferson Vendor AECOM .v. Request Additional Information -A GLO partner has requested additional information from you via phone or emal You wM have 14 days to provide all information requested before your application is considered incomplete and sent back to 'DRAFT" status. A GLO partner will attempt to contact you at least three times during the 14 -day period. Ifyou need assistance completing this phase ofthe application, please email cdr@glo.texas.gov or call 1-844-893- . 8937 or 512-475-5000. Ineligible Application Summary There are no records to display. It is a crime for any person to knowingly present false, incomplete, or misleading information through the submittal of documents to any Administrator of CDBG-DR funds for the purpose of securing any benefit related to CDBG-DR programs. Copyright @] The Texas General land Office I All rights reserved httpsJ/cdrportalprd.dynamics365portals.usramyprogramt?id=5dO7G341-1ce9-e8ll-812c-1458dO4e2f2O 213 BEAUM NT Planning a Community D"elopmem City of Beaumont Harvey Mobile Housing Unit Extension Application Trailer Address:IIl3®Application Received: Owner Name Address 1/ 136 C lit/ mh 1P Phone 091,ee ceff"�e- 'Y 7713 Occupant Name Address IIY0Cb41PCh 1% ZIP Phone Reason for request (please check all categories that ap�ply and describe below): (A) Actively Working on home (B) Applied for Disaster Recovery (C) In litigation with insurance carrier For Category A, please describe work that has been done on the home (including permit number, work done to date and inspections: For Category B, please list the agency to which you a plied, the date of application for Disaster Recovery and current status: 6:,4.0 o4,--, mArenme (61% Review_ has n _ UM01 _ d and For Category C, please list your insurance catTier, attorney's name and please describe the status of your lawsuit. NOTICE: Documentation supporting your claim of progress on the repair of your home should be attached to this application. Documentation shall include: Category A Copy of your building permit; photograpbs of work done, any contracts for work currently being done CategoryB: Statement of date of opplication, agency that you applied with for Disaster Recovery funds and current status. Cateeory C: Statement from vour attomev or other mmerwork substantiating active litigation with your insurance carrier. ✓�w A [ �i SIGNATURE OF OWNER / Recommendation of Planning Manager. Date forwarded to the City Council for review: Date of Council Hearing: Approve Deny Date of Review Council Disposition: Approved Denied Date of Disposition: Approved by Zoning Official: Date: DATE 90 1V01 DIP °" 'applI MIM1. Christa Dunavren From: TIGR CDR Sent: Wednesday, April 10, 2019 1:47 PM To: Christa Dunaven Subject: GLO Homeowner Assistance Program Funding Availability - PROJECT SET-UP NOTIFICATION CRM:0132939 An applicant has submitted the following complete, eligible application for their home. The project is moving into the set-up status and you will have 21 days to complete the site-specific environmental review, a damage assessment, and a . cost estimate. Please notify the applicant that their application is now moving into Project Set -Up, where GLO partners will complete an environmental review, a damage assessment, and a cost estimate for the potential repair or replacement of their home. Coffee, Michael 11130 Church Road Beaumont 77713 Jefferson 1 BEAUM®NT Planning a rommunity Development City of Beaumont Harvey Mobile Housing Unit Extension Application Trailer Address V u Date Application Received: Owner Name Address ZIP Phone Occupant Name Address ZIP Phone,/ -.P% q8 yl z Reason for request (please check all categories that apply and describe below): (A) Actively Working on home (B) _Applied for Disaster Recovery (C) In litigation with insurance carrier For Category Ay please describe work that has been done on the home (including permit number, work done to date and inspections: For Category B, please list the agency to which you applied, the date of application for Disaster Re � � d current sta .�^ tu� : <ell A ad 1W For Category C, please list your insurance cimer, attorney's name and please describe the status of your lawsuit. NOTICE: Documentation supporting your claim ofprogress on the repair of your home should be attached to this application. Documentation shall include: CategoryA: Copy of your buildingpemmit; photographs ofwmk done, any contracts for work currently being done CategoryB: Statement of dato of application, agency that you applied with for Disaster Recovery finds and current status Category C: Statement from your attorney or other paperwork substantiating active litigation with your insurance tamer. Recommendation of Planning Manager Approve Deny Data of Review Date forwarded to the City Council for review: Date of Council Hearing. Council Disposition Approved Denied Date of Disposition: Approved by Zoning Official: Date: I Japreeya Laird From: TIGR CDR Sent: Thursday, May 23, 2019 2:24 PM To: Kulpreeya Laird Subject: GLO Homeowner Assistance Program Funding Availability - PROJECT SET-UP NOTIFICATION CRM:0132445 Ari applicant has submitted the following complete, eligible application for their home. The project is moving into the set-up,status and you will have 21 days to complete the site-specific environmental review, a damage assessment, and a cost estimate. Please notify the applicant that their application is now moving into Project Set -Up, where GLO partners will complete an environmental review, a damage assessment, and a cost estimate for the potential repair or replacement of their home. , WILLEY, NELDA 11220 CHURCH ROAD BEAUMONT 77713 Jefferson 1 SEAUIVB4NT planning & Community Development City of Beaumont Harvey Mobile Housing Unit Extension Application Trailer Address:/ L!at�ekpplication Received: Owner Name Address ZIP Phone Occupant Name Address ZIP Phone Reason for request (please check all categories that apply and describe below): (A) i. -`Actively Working on home (B) Applied for Disaster Recovery (C) In litigation with insurance carrier For Category A, please describe work that has been done on the home (including permit number, work done to date and inspections: till�r'w�ci -a-n r--CDW O Gcf- 'D k-� gLa-r 6 L For Category B, please list the agency to which you applied, the date of application for Disaster Recovery and current status: For Category C, please list your insurance carrier, attorney's name and please describe the status of your lawsuit. NOTICE: Documentation supporting your claim of progress on the repair of your home should be attached to this application. Documentation shall include: Category A: Copy of your building permit; photographs of work done, any contracts for work currently being done Category B: Statement of date of application, agency that you applied with for Disaster Recovery funds, and current status. Category C: Statement from your attorney or other paperwork substantiating active litigation with your insurance carrier. OECEI V G Agreement and Release AUG 2 0 2019 Crr1t OF BEAUMONT This Agreement and Release ("Agreement") is entered into effective as of J9JI,VV9Iconnect Outreach, a non-profit Texas corporation ("Iconnect") and Sallie Leidecker, ("Homeowner"). Recitals: A. Iconnect provides financial assistance and/or construction services to homeowners in the name of the Almighty God and Jesus Christ, His Son, for repairs, renovations and impiovements to housing units owned by individuals who would otherwise not have the ability to make required repairs and improvements to their homes. B. As a condition of providing assistance and services, Iconnect requires each homeowner to sign an agreement imposing certain conditions on them relating to the services provided to them by Iconnect and releasing Iconnect from all liability relating to providing assistance and services. C. Homeowners are the owners of real property commonly known as 11427 Old Voth Rd., Beaumont, Texas 77713 (the "Property"). D. Homeowners are willing to accept and be bound by the terms and conditions set forth in this Agreement as consideration for Iconnect providing construction assistance and/or services to them relating to the Property. NOW, THEREFORE, in consideration of the mutual covenants set forth in this Agreement and intending to be legally bound, the parties agree as follows: 1. Homeowners acknowledge and agree that: (a) this Agreement is not a construction contract and it is not a guaranty that construction assistance and/or services (collectively, the "Services") will be provided to them for the Property and (b) all Services, if any, will be provided by volunteers under the supervision of an experienced construction leader(s). 2. Release. Homeowners, in consideration of Services provided to them by Iconnect and its volunteers and for other good and valuable consideration, by this Agreement, for themselves and for their personal representatives and their successors and assigns, do release and forever discharge Iconnect and its officers, directors, shareholders, members, representatives, agents and its volunteer workers providing Services, along with their successors and assigns (collectively, the "Released Parties") from all manner of action, suit, lien, damage, claim or demand of every nature, including any and all claims for damage to Homeowners' personal property or real property, heretofore or hereafter arising out of, connected with or incidental to the Services provided to Homeowners at or for the benefit of the Property. The term "Released Parties" shall include, but not be limited to, individuals or entities supplying materials to be incorporated into the Property as part of the Services provided by Iconnect. 3. Agreement Not to Convey. If and when Services are provided to Homeowners for the Property and as a condition of Services being provided: a. For a period of five (5) years beginning on the date of the execution of this Agreement, Homeowner shall not convey the Property to a third -party buyer without the written consent of Iconnect, b. After five (5) years from execution of this Agreement, Homeowners may freely convey the Property without consent from Iconnect. 4. General Terms. 4.1 Entire Agreement. This Agreement contains the entire agreement between the parties. Any prior oral or written representations, agreements, and/or understandings relating to this subject matter shall be of no effect. 4.2 Waiver; Amendment. No waiver, amendment, or discharge of -this Agreement shall be valid unless it is in writing and signed by the parry to be obligated. 4.3 Binding Effect. This Agreement shall bind and inure to the benefit of the parties' respective assigns and successors; provided, ]however, there are no intended third -party beneficiaries to this Agreement other than those expressly set forth and only the parties or their assigns and successors are entitled to enforce this Agreement. 4.4 Severability. If any term, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall remain in full effect. 4.5 Recitals; Exhibits. Any recitals above, and any exhibits or schedules referred to and/or attached to this Agreement, are incorporated by reference. 4.6 Choice of Law; Jurisdiction and Venue. This Agreement shall be construed according to the laws of the State of Texas. In any action brought under or arising out of this Agreement, the parties consent to the jurisdiction of any competent court within the State of Texas consent to service of process by any means authorized by Texas law. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date first above written. Iconnect Iconnect, A Texas non-profit corporation By: Name: Title: Homeowners 1 Name: 3 September 10, 2019 Consider approving a contract with K & F Demolition, Inc. of Houston for the asbestos abatement and demolition of two structures located at 770 and 780 South 40' Street BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: September 10, 2019 REQUESTED ACTION: Council consider a resolution approving the award of a contract to K& F Demolition, Inc. of Houston for the asbestos abatement and demolition of two structures located at 770 and 780 South 4TH Street. BACKGROUND The Best Years Center located at 780 South 4th Street has been replaced with the Lakeside Center. This older structure is approximately sixty nine (69) years old and has been experiencing several foundation failures, roof leaks, and is in need of major renovations including asbestos abatement. It is no longer feasible to invest money into this aging facility. The Police Activity League Building located at 770 South 4th Street has not been occupied for approximately six years and is experiencing roof structure failure. Due to the structural issues with the two facilities, the demolition of both buildings is recommended by City staff. The land that the two structures occupy will be added into the Central Park green space. The parking lot located on the North side of the Best Years Center will remain in order to service the existing tennis courts. Bids were requested for the asbestos abatement and demolition of the two structures. Twelve vendors were notified; and five bids were submitted. K & F Demolition, Inc. provided the low qualified bid in the total amount of $173,466. Bid tabulation is attached. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, bids were received for the asbestos abatement and demolition of two structures located at 770 and 780 South 4th Street; and, WHEREAS, K&F Demolition, Inc., of Houston, Texas, submitted a bid in the amount of $173,466.00; and, WHEREAS, City Council is of the opinion that the bid submitted by K&F Demolition, Inc., of Houston, Texas, is the lowest 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 bid submitted by K&F Demolition, Inc., of Houston, Texas, for the asbestos abatement and demolition of two structures located at 770 and 780 South 4th Street, in the amount of $173,466.00, be accepted by the City of Beaumont; and, THAT the City Manager be and he is hereby authorized to execute a contact with K&F Demolition, 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 10th day of September, 2019. - Mayor Becky Ames CITY OF BEAUMONT, BEAUMONT TEXAS PURCHASING DIVISION BID TABULATION Commercial Asbestos Abatement, Demolition Structure Located at Bid Name: 780 S. 4th St and NESHAP Demolition of Structure Located at 770 S. 4th St, Beaumont, .Texas Bid Number: TF0719-04 Bid Opening: Thursday, August 29, 2019 @ 2:00 P.M. Contact Person: Terry .Welch, Senior Buyer terrv.welch(rD beaumonttexas.aov Phone: 409-880-3107 VENDOR K & F Demolition, Inc Lark Group Inc Grant Mackay Co., Inc. CITY, STATE Houston, Tx 77015 Warren, Tx 77664 Houston, Tx 77013_ FAX NUMBER 281-501-1302 409-834-2002 713-670-0765 Trinidad Gonzalez Allan Murphy Brice Ebersole CONTACT ADDRESS PRICEIF PRICE IF PRICE Cost for Asbestos Abatement for 780 South $71,909.00 $89,500.00 $67,760.00 4th St, Per Scope of Work Cost for Demolition and Removal of All Structures and Debris, Removal of All $82,132.00 $88,000.00 $134,373.56 Concrete and Asphalt Located at 780 South 4th Cost for NESHAP Demolition and Removal of All Structures and Debris and Removal, of All $18,425.00 $41,000.00 $30,337.52 Concrete and Asphalt Located at 770 South 4th St per Scope of Work Total Number of Calander '35 Work Days 60 Days 60 Days Days to Complete Project Total Estimated Cost of$173,466.00 $218,500.00 $232,471.08 Project:IF EXHIBIT "A" Page 2 Bid Table Commercial Asbestos Abatement, Demolition Structure Located at 780 South 4th St., and NESHAP Demolition of Structure Located at 770 South 4th St., Beaumont, Texas TF0719-44 Lowest Qualified Bidder K & F Demolition, Inc VENDOR ERSI of Texas Coastal, Demolition, INC CITY, STATE Houston, Tx 77041 Beaumont, Tx 77704 FAX NUMBER 281-822-0004 409-833-4276 Fran Rowe R. Wade Henry CONTACT ADDRESS PRICE —1 PRICE F Cost for Asbestos Abatement for 780 South $178,403.18 $119,350.00 4th St, Per Scope of Work Cost for Demolition and Removal of All Structures and Debris, Removal of All $104,068.52 $152,500.00 Concrete and Asphalt Located at 780 South 4th St.. Cost for NESHAP Demolition and Removal of All Structures and Debris and Removal of All $14,866.93 $53,500.00 Concrete and Asphalt Located at 770 South 4th - St per Scope of Work. Total Number of Calander 45 Days 75 Days Days to Complete Project Total Estimated Cost of $297,338.63 $325,350.00 Project: . Lowest Qualified Bidder K & F Demolition, Inc PUBLIC HEARING * Receive comments on the 2019 (FY 2020) proposed tax rate, BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY:, Todd Simoneaux, Chief Financial Officer -� MEETING DATE: September 10, 2019 REQUESTED ACTION: Council hold a Public Hearing on the 2019 (FY 2020) proposed tax rate. BACKGROUND Chapter 26 of the Property Tax Code requires taxing units to comply with truth -in -taxation laws in adopting their tax rate. Two public hearings are required if the proposed rate of $0.71/$100 of valuation exceeds the lower of the rollback rate of $0.754820/$100 of valuation or the effective tax rate of $0.699158/$100 of valuation. A Notice of Proposed Tax Rate is required to be published in the newspaper, on the city website, and on a television channel, if available. This notice was published in the newspaper on August 15, 2019 and on the website and on the cable channel 4 on August 15, 2019. The first public hearing was held on August 27, 2019. FUNDING SOURCE Not applicable. RECOMMENDATION Hold the second Public Hearing on the proposed tax rate. WORK SESION * Review information related to the Water Utilities Fund and receive an update on sewer work in progress and planned citywide WORK SESION Review and discuss the operations of the Tyrrell Park Golf Course