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HomeMy WebLinkAbout04/21/2020 PACKETBEAUMONT TEXAS - VIRTUAL MEETING OF THE CITY COUNCIL TUESDAY, APRIL 21, 2020 1:30 PM XGLI11O �M II:TITW"11 .•1 Approval of minutes — April 3, 2020 and April 7, 2020 Confirmation of board and commission member appointments A) Authorize the City Manager to accept maintenance and authorize a final payment to DBS Constructors, LLC d/b/a MK Constructors for the Stoneleigh on Major -Sewer Emergency Repairs Project B) Authorize the Chief Financial Officer to execute all documents necessary to accept funding from the Texas Department of State Health Services (DSHS) awarded to the Beaumont Public Health Department C) Approve a lease agreement with Ricoh USA, Inc. of Houston, for photocopiers used by various City departments D) Approve a payment to Motorola for a maintenance agreement to support the 800 MHz radio system E) Approve the renewal of an annual maintenance agreement with WatchGuard Video for use in the Police Department F) Approve a contract with Higginbotham Insurance Agency, Inc. for insurance brokerage services G) Authorize the City Manager to apply for and receive funds from the United States Department of Justice (Coronavirus Emergency Supplemental Funding) ID BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: April 21, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to accept maintenance and authorize final payment to DBS Constructors, LLC d/b/a MK Constructors. BACKGROUND On February 11, 2020, by Resolution 20-025, City Council awarded a contract to DBS Constructors, LLC d/b/a MK Constructors, of Vidor, for the Stoneleigh on Major - Sewer Emergency Repairs Project in the amount of $270,000.00. Previous Change OrderNo. 1, in the amount of $20,510.00, is attached foryour review. The project has been inspected by Water Utilities and found to be complete in accordance with the provisions and terms set out in the contract. Acceptance of maintenance and final payment in the amount of $290,510.00 is recommended. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 20-055 WHEREAS, on February 11, 2020, the City Council of the City of Beaumont, Texas passed Resolution No. 20-025 awarding a contract in the amount of $270,000.00 to DBS Constructor, LLC d/b/a MK Constructors, of Vidor, Texas, for the Stoneleigh on Major -Sewer Emergency Repairs Project; and, WHEREAS, Change Order No. 1, in the amount of $20,510.00, is required for additional labor, materials, and equipment due to an unexpected site discovery that the service line from Stoneleigh Apartments was collapsed for a greater length than initially reported, thereby increasing the total contract amount to $290,510.00; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 1, in the amount of $20,510.00, for additional work described above, thereby increasing the total contract amount to $290,510.00 for the Stoneleigh on Major -Sewer Emergency Repairs Project; and, The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of March, 2020. ► Wyoir becki Ames My OF AEAUfMONT DATE t hlorch 3,2020 PROJECT t StonddghonMajor -.SosrorEmergency Reptdr OWNER t CITY of BEAUMONT CONTRACTOR t DDS Constructors, LLC d/b/a MIC Constructors ' CHANCE ORDER t 1 THE FOLLOWING CHANGES IN THE PLANS AND/OR SPECIFICATIONS ARE HEREBY AIADE: During the emcrgeaay rapatr It was discovacd;tho service lino from tho$tonolelgh Apartment was collapsed farther Dtmt Initially o gakd and required addlitonul Inbo , moteriate, and equipment. An addillonal Unco (3) days Is requested to complete the repair. AMM ft— nnA/nr nu—f tG.. t., tl.n e—e..n NOITERCODIi DESCRIPTION UNIT DTD ACTUAL ` . CHANGE ORDER AMOUNT NO. QUATfi'ITY UANTITY t Addtliormi 1� materiel: �d e sem _ 1 1 S ZD 10A0 S S - S S - S TOTAL AMOUNTADDED TO CONTRACT S 20 IOAo ORIGINAL CONTRACTAM0UNTs NET FROM PREVIOUS CHANGE ORDERS t TOTAL ABio&rOn= CHANGE ORDIUI s PERCENT OF THIS CHANGE ORDER 1 TOTAL PERCENT CHANGE ORDERS TO DATE 1 NEN CONTRACTAMOUNT t ACCEPTED BY RECOMMENDED BY S 2701000AO S S 20.SIUO 7,60% 9.60Yo S 290510.00 PREPARED BY: �^ MMM SUMS, K CONSTRUCTORS 'JOHN PIPPINS II, ILM DART VMkowin, OR OP PUBLIC IYORKS de TUCHNOLOOY SIRVICES L I 0 APPROVED DY • ATTESTED DY:4A/14- AfnQA QAA KYIM HAYDS, CITY MANAGER TIN DRO . ARD, CITY CLURK Contractor's A lication for Payntent No.1 Application February L 3020 App cad=Date: Period:- eriod:To TO Cky Of Beaummont From (Cont actm): Via (Engineer); (Owner), IK C.onsttuUass (Column F total on Progress Estimates) S Pmjcbt StoneleigkEtoagencySevrerRepaa smPsgject a. x$290.510.00 Work ComplMedS Contcadafs ProjectNoz MC0 =M CiO Prl6ectNo_ Wu0I2"6 Application Far Payment Cbanae Order Summary Approved Change Orders Number Additions Deductions 1 520,510.00 GALS S20.510.00 NET CHANGE BY 520410.00 CHANGE ORDERS Contractor's CertifimHon The undersigned Contractor certifim to the best of its kcowledge, the following: (1) All previous pmgtess payments received from Owner on account of Work done under the Contract have been applied on account to dischmDe Conhactor's legitimate obGgatiocs incurred in connection with the Work covered by prior Applications farPsymcrt- (2) Tide to all Work materials and equipment incorporated w said work or othawlse listed icor covered by this Application for Payment, will pass to Owner at time cfpaymad tree and clear ofall Liars, security interest, and encumbrances (except such as are covered by a bond acceptable to Owner iadaaaifyicg Owner against any such Iden, security interest, or eununrbrances); and (3) All the Work covered by this Application for Payment is in accordance with the Contract Dowments and Is not defective. L ORIGLNALCONTRACT PRICE . S 5270.000.00 2. Net ebauge by Cbauge Orders S $20-510.00 3. Current CoatraMPrice (Line I ah2) S $290.510.00 4. TOTAL COMPLETED AND STORED TO DATE (Column F total on Progress Estimates) S S. RETAINAGE: a. x$290.510.00 Work ComplMedS b. X Stored Materbd S c. Total Retainage (Line S a +Line 5 b) S 6 AMOUNT ELIGHILE TO DATE (Line 4 - Line S 7. LESS PRXWOUS PAYMENTS (Line 6 from priorApplIcoaion)_ S 8. A11tOUNTDUETHISAPPLICATSON_ S S290510A0 9. BALANCE TO FINISH, PLUS RET&IMGE (Column G total on Profs Estimates+line &a above) - S PomeatoE S Zqo Sly. o0 (Lime 8 or ofher: aft--% explanation, ofthe other �tamount)�r is recommended by. -1 /3.". G� (Date)Payment Of S 2�0, ✓ I D . 0 (Line 8 or other- attach cV on ofthe otuha amount) is approved br. , { • 1 — (Date) Approvedby. � j Zuly OfPub' aI:iTechnolbgyServiees (Date) EICDC® Cd20 Conttaetca's Application for Payment 02013NationdSociety cfProfa=onelFngineersfor EJCDC. Allrigbtsreserved. Page 1 of I Progress Estimate - Lump Sum 'Work Contractor's Application For (Corm cta Stonelpth Emercenq Se—Repair Application Nuzabcr. 1 Application Period Feh-uw 3= Application Date: 9/Zir1.020 Wodr Completed E F G A B C D Materials Pmmdy Stored (not in C or D) Total Completed and Stored m Date (C+D+m % CF/B) Balance to FWA (g . Specification SectionEcom No DesrsFption SobeduledValau(S7 Previoui Application (C+D) Ibis Period I h' RVair S 290.000.00 $=000.00 CO I additional tie in S 20.510.00 »10.00 EICDC®G620 Contractors Applicafion forPgmet O2013NatinnalSoeietyofPro6essiamlEogneatsioeF]CDC. Allsighisresetved. pneI of2 Progress Estimate - Lump Sum Work Contractor's Application irW�m c -mw cmmdoes As 1He Laos srigVmI t I 02013�j � Y &Uc EICDC- AL I &m mw a& Page 2 on 1 • l 1 I ■ ■ WIN ■ irW�m c -mw cmmdoes As 1He Laos srigVmI t I 02013�j � Y &Uc EICDC- AL I &m mw a& Page 2 on RESOLUTION NO. WHEREAS, on February 11, 2020, the City Council of the City of Beaumont, Texas passed Resolution No. 20-025 awarding a contract in the amount of $270,000.00 to DBS Constructor, LLC d/b/a MK Constructors, of Vidor, Texas, for the Stoneleigh on Major - Sewer Emergency Repairs Project; and, WHEREAS, on March 17, 2020, the City Council of the City of Beaumont, Texas passed Resolution No. 20-055 authorizing Change Order No. 1, in the amount of $20,510.00, for additional labor, materials, and equipment due to an unexpected site discovery that the service line from Stoneleigh Apartments was collapsed for a greater length than initially reported, thereby increasing the total contract amount to $290,510.00; and, WHEREAS, the project has been inspected by the Water Utilities Division and found to be complete in accordance with the provisions and terms set forth in the contract; 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 Stoneleigh on Major -Sewer Emergency Repairs Project be and the same is hereby accepted; and, BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of $290,510.00 to DBS Constructor, LLC d/b/a MK Constructors, of Vidor, Texas. 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 21st day of April, 2020. - Mayor Becky Ames — BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Sherry Ulmer, Public Health Director MEETING DATE: April 21, 2020 REQUESTED ACTION: Council. consider a resolution authorizing the Chief Financial Officer to execute all documents necessary to accept funding from the Texas Department of State Health Services (DSHS) in the amount of $178,611 awarded to the Beaumont Public Health Department. BACKGROUND The Texas Department of State Health Services has awarded the Beaumont Public Health Department an amended Public Health Emergency Preparedness (PREP) grant in the amount of $178,611. In cooperation with the Centers for Disease Control, this funding will assist the Beaumont Public Health Department's Public Health Emergency Preparedness Division with planning and performing activities in support of Coronavirus -2019 (COVID-19) response within the State of Texas. This contract is effective on approval and will end on 3/15/2021. FUNDING SOURCE There is a 10% match. General Fund -Public Health. RECOMMENDATION Approval of the resolution. DocuSign Envelope ID: 0642C62D-1478-4119-AF4D-B14AB5185322 INTERLOCAL COOPERATION CONTRACT THE DEPARTMENT OF STATE HEALTH SERVICES CONTRACT NO. HHS000767300001 THE DEPARTMENT OF STATE HEALTH SERVICES ("System Agency" or "DSHT') and BEAUMONT PUBLIC HEALTH DEPARTMENT ("Local Government," "Grantee," "Performing Agency," or "Contractor"), each a "Party" and collectively the "Parties," enter into the following contract for activities in support of Coronavirus 2019 (COVID-19) response and in alignment with the Public Health Crisis Response Cooperative Agreement for Emergency Response (Funding Opportunity Number CDC -RFA -TP 18-1802) from the Centers for Disease Control and Prevention (CDC) (the "Contract" or the "Base Contract") pursuant to the provisions of the "Interlocal Cooperation Act," Chapter 791 of the Texas Government Code. I. PARTIES The following will act as the Representative authorized to act on behalf of their respective Party. System Agency Name: Department of State Health Services Address: 1100 W. 49a' Street, MC 1990 City and Zip: Austin, TX 78756 Contact Person: Quynh-Nhi Ge Telephone: 512-776-2304 Fax number: 512-776-7391 E -Mail Address: Quynhnhi.Ge@dshs.texas.gov Agency Number: 537 H. STATEMENT OF SERVICES TO BE PROVIDED Local Government Name: Beaumont Public Health Dept Address: 3040 College St. City and Zip: Beaumont, TX 77701 Contact Person: Kenneth Coleman Telephone: 409-550-4422 Fax number: 409-832-4270 E -Mail Address:Kenneth.Coleman@beaumonttexas.gov The Parties agree to cooperate to provide necessary and authorized services and resources in accordance with the terms of this Contract. Specific services provided are described in Attachment A — Statement of Work. III. CONTRACT PERIOD AND RENEWAL The Contract is effective on the signature date of the latter of the Parties to sign this agreement and terminates on March 15, 2021, unless renewed, extended, or terminated pursuant to the terms and conditions of the Contract. The Parties may extend this Contract subject to mutually agreeable terms and conditions. IV. AMENDMENT The Parties to this Contract may modify this Contract only through the execution of a written amendment signed by both Parties. V. CONTRACT AMOUNT AND PAYMENT FOR SERVICES The total amount of this Contract shall not exceed $178,611.00, as provided for in Attachment B — Budget. VI. LEGAL NOTICES System Agency Contract No. HHS000767300001 Page 1 of 3 v.3.1.17 DocuSign Envelope ID: 0642C62D-1478-4119-AF4D-B14AB5185322 Legal Notices under this Contract shall be deemed delivered when deposited either in the United States mail, postage paid, certified, return receipt requested; or with a common carrier, overnight, signature required, to the appropriate address below: System Agency Department of State Health Services 1100 W. 49th Street, MC 1911 Austin, TX 78756 Attention: Office of General Counsel Local Government Beaumont Public Health Dept 3040 College St. Beaumont, TX 77701 _ Attention: Kenneth Coleman Notice given in any other manner shall be deemed effective only if and when received by the Party to be notified. Either Party may change its address for receiving legal notice by notifying the other Party in writing. VH. CERTIFICATIONS The undersigned contracting Parties certify that: (1) The services specified above are necessary and essential for activities that are properly within the statutory functions and programs of the affected agencies of state government; (2) Each Party executing this Contract on its behalf has full power and authority to enter into this Contract; (3) The proposed arrangements serve the interest of efficient and economical administration of state government; and (4) The services contracted for are not required by Section 21, Article XVI of the Constitution of Texas to be supplied under a contract awarded to the lowest responsible bidder. The System Agency further certifies that it has statutory authority to contract for the services described in this Contract under Texas Government Code, Chapter 791, Texas Health and Safety Code, Chapter 81, and Texas Government, Code 531. The Local Government further certifies that it has statutory authority to contract for the services described in this Contract under Texas Government Code, Chapter 791. System Agency Contract No. HHS000767300001 Page 2 of 3 v.3.1.17 DocuSign Envelope ID: 0642C62D-1478-4119-AF4D-B14AB5185322 SIGNATURE PAGE FOR SYSTEM AGENCY CONTRACT NO. HHS000767300001 DEPARTMENT OF STATE HEALTH SERVICES Signature Printed Name Title Date BEAUMONT PUBLIC HEALTH DEPARTMENT Signature Printed Name Title Date THE FOLLOWING ATTACHMENTS TO THIS CONTRACT_ ARE HEREBY INCORPORATED BY REFERENCE AND MADE PART OF THIS CONTRACT: ATTACHMENT A — STATEMENT OF WORK ATTACHMENT B — BUDGET ATTACHMENT C — HHS UNIFORM TERMS AND CONDITIONS — GOVERNMENTAL ENTITY, i VERSION 3.0 ATTACHMENT D — DATA USE AGREEMENT ATTACHMENT E - FEDERAL ASSURANCES AND CERTIFICATIONS System Agency Contract No. HHS000767300001 Page 3 of 3 v.3.1.17 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager or the Chief Financial Officer be and they are hereby authorized to execute all documents necessary to accept funding from the Texas Department of State Health Services (DSHS) for an amended Public Health Emergency Preparedness (PNEP) Grant in the amount of $178,611.00, effective on approval through March 15, 2021, to assist the Beaumont Public Health Department with planning and performing activities and services that will improve and strengthen the local public health infrastructure within the State of Texas. 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 21st day of April, 2020. - Mayor Becky Ames - C BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: April 21, 2020 REQUESTED ACTION: Council consider a resolution approving a lease agreement with Ricoh USA, Inc. of Houston, for photocopiers used by various City departments. BACKGROUND The City currently has a lease agreement with Ricoh USA, Inc. that will expire on June 20, 2020. A new 60 -month agreement is proposed with Ricoh. The City is leasing 77 copiers at this time. Lease pricing for the copiers was obtained from the Texas Department of Information Resources (DIR). The DIR pricing complies with the State of Texas procurement statutes, is competitively bid and affords cities and political subdivisions with the means to lease specialized equipment at volume pricing. The estimated annual cost is $95,533. The City is currently paying $101,250.60 to Ricoh for an annual lease of 77 copiers. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a sixty (60) month Lease Agreement with Ricoh USA, Inc., of Houston, Texas, through the State of Texas Department of Information Resources (DIR) contract, in the estimated annual amount of $95,533.00 for photocopiers for use by various City Departments. 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 6.1021 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of April, 2020. - Mayor Becky Ames - us BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: April 21, 2020 REQUESTED ACTION: Council consider a resolution approving a payment to Motorola for a maintenance agreement to support the 800 MHz radio system. BACKGROUND The 800 MHz radio system is used by EMS, Fire, Police and numerous other departments throughout the City for daily communications. The agreement is exempt from competitive bidding since it is available from only one source having exclusive rights to maintain the radio infrastructure. The maintenance agreement provides for constant monitoring of the radio system and 911 dispatch centers as well as dispatching of repair personnel with replacement parts when required. The 800 MHz radio system is shared with all of Jefferson County, Hardin County and Orange County as well as the Port of Beaumont, BISD, Water District No. 10, ESD3, ESD4, Acadian and Lamar University's Police Department. The cost of the maintenance contract is in the amount of $1,033,916.15 and is allocated among all agencies by the number of radios each agency has on the system. This maintenance contract will cover from September 1, 2020 thru August 31, 2021. Funding is available through the Department of Homeland Security 2019 Port Security Grant Program (PSGP) for 75% of this year's maintenance. The 25% match will be shared among all participating entities. The City of Beaumont's portion of the match will be $86,478.55. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. 0 MOTOROLA SOLUTIONS 500 W Monroe Street Chicago, IL. 60661 (888) 325-9336 Date: 03/05/2020 Company Name: BEAUMONT, CITY OF Billing Address: PO BOX 3827 City, State, Zip: BEAUMONT , TX, 77704 Customer Contact: Terry LaFleur Phone: 409-785-3022 SERVICE AGREEMENT Quote Number : QUOTE -1225417 Contract Number: USC000005054 Contract Modifier: R12 -MAR -2020 Required P.O.: Customer # : 1013010533 Bill to Tag#: Contract Start Date : 01 -Sep -2020 Contract End Date : 31 -Aug -2021 Anniversary Day: Aug 31st Payment Cycle: IMMEDIATE PO#: Qty Service Name Service Description Extended Amt SVCO2SVCO201A ASTRO SUA II UO IMPLEMENTATION SERVICES $38,770.45 SVCO2SVC0344A RELEASE IMPLEMENTATION TRAINING $7,757.18 SVCO2SVC0343A RELEASE IMPACT TRAINING $2,581.64 SVC04SVC-0169A SYSTEM UPGRADE AGREEMENT II $277,866.27 SVCO2SVC0433A ASTRO SUA II FIELD IMPLEMENTATN SVC $36,281.69 LSV01 SO1109A ASTRO SYSTEM ADVANCED PLUS PACKAGE $670,658.92 Subtotal - Recurring Services $86,159.68 $1,033,916.15 Subtotal - One -Time Event Service $0.00 $0.00 Total - $86,159.68 $1,033,916.15 THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING JURISDICTIONS WHERE APPLICABLE, TO BE VERIFIED BY MOTOROLA SPECIAL INSTRUCTIONS: I received Statements of Work that describe the services provided on this Agreement. Motorola's Service Terms and Conditions, a copy of which is attached to this Service Agreement, is incorporated herein by this reference. AUTHORIZED CUSTOMER SIGNATURE CUSTOMER (PRINT NAME) TITLE DATE 0 MOTOROLA SOLUTIONS 500 W Monroe Street Chicago, IL. 60661 (888) 325-9336 MOTOROLA REPRESENTATIVE(SIGNATURE) Rick Russek MOTOROLA REPRESENTATIVE(PRINT NAME) Company Name: Contract Number: Contract Modifier: Contract Start Date Contract End Date BEAUMONT, CITY OF USC000005054 R12 -MAR -2020 01 -Sep -2020 31 -Aug -2021 SERVICE AGREEMENT Quote Number : QUOTE -1225417 Contract Number: USC000005054 Contract Modifier: R12 -MAR -2020 Area Sales Manager 03/06/2020 TITLE DATE 281-955-2853 PHONE 0 MOT"ORCLA SOLUTIONS SERVICE AGREEMENT 500 W Monroe Street Quote Number : QUOTE -1225417 Chicago, IL. 60661 Contract Number: USC000005054 (888) 325-9336 Contract Modifier: R12 -MAR -2020 Service Terms and Conditions Motorola Solutions Inc. ("Motorola") and the customer named in this Agreement ("Customer") hereby agree as follows: Section 1. APPLICABILITY These Maintenance Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either (1) maintenance, support, or other services under a Motorola Service Agreement, or (2) installation services under a Motorola Installation Agreement. Section 2. DEFINITIONS AND INTERPRETATION 2.1 "Agreement" means these Maintenance Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. in interpreting this Agreement and resolving any ambiguities, these Maintenance Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the cover page or attachment states otherwise. 2.2 "Equipment" means the equipment that is specified In the attachments or is subsequently added to this Agreement. 2.3 "Services" means those installation, maintenance, support, training, and other services described in this Agreement. Section 3. ACCEPTANCE Customer accepts these Maintenance Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of this Agreement begins on the "Start Date" indicated in this Agreement. Section 4. SCOPE OF SERVICES 4.1 Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement At Customer's request, Motorola may also provide additional services at Motorola's then -applicable rates for the services. 4.2 If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola will be followed 4.3 If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for that additional equipment expires. 4.4 All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for this Equipment will terminate at the end of the month in which Motorola receives the written notice. 4.5 Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments 4.6 If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or increase the price to Service that Equipment. 4.7 Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this. Section 5. EXCLUDED SERVICES 5.1 Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events. 5.2 Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the Internet or the woridwiide web, or for Equipment malfunction caused by the transmission medium. 0 MOTOROLA SOLUTIONS 500 W Monroe Street Chicago, IL. 60661 (888) 325-9336 Section 6. TIME AND PLACE OF SERVICE SERVICE AGREEMENT Quote Number : QUOTE -1225417 Contract Number: USC000005054 Contract Modifier: R12 -MAR -2020 Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer's location, Customer will provide Motorola, at no charge, a non -hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement Customer will provide all Information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for those charges and expenses. Section 7. CUSTOMER CONTACT Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer's personnel to maintain contact, as needed, with Motorola. Section 8. INVOICING AND PAYMENT 8.1 Customer affirms that a purchase order or notice to proceed is not required for the duration of this service contract and will appropriate funds each year through the contract end date. Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date 8.2 Customer will reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments that are levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity. The Customer will pay all invoices as received from Motorola. At the time of execution of this Agreement, the Customer will provide all necessary reference information to include on invoices for payment in accordance with this Agreement. 8.3 For multi-year service agreements, at the end of the first year of the Agreement and each year thereafter, a CPI percentage change calculation shall be performed using the U.S.Department of Labor, Consumer Price Index, all Items, Unadjusted Urban Areas (CPI -U). Should the annual inflation rate increase greater than 3% during the previous year, Motorola shall have the right to increase all future maintenance prices by the CPI increase amount exceeding 3%. All items, not seasonally adjusted shall be used as the measure of CPI for this price adjustment. Measurement will take place once the annual average for the new year has been posted by the Bureau of Labor Statistics. For purposes of illustration, if in year 5 the CPI reported an increase of 8%, Motorola may increase the Year 6 price by 5% (8%-3% base). Section 9. WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customer's sole remedy is to require Motorola to re -perform the non -conforming Service or to refund, on a pro -rata basis, the fees paid for the non -conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10. DEFAULT/TERMINATION 10.1 If either party defaults in the performance of this Agreement, the other party will give to the non-performing party a written and detailed notice of the default. The non-performing party will have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan, then the Injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party. 10.2 Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services. 10.3 If the Customer terminates this Agreement before the end of the Term, for any reason other than Motorola default, then the Customer will pay to Motorola an early termination fee equal to the discount applied to the last three (3) years of Service payments for the original Term. Section 11. LIMITATION OF LIABILITY Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Service provided under this Agreement. aMOTOROLA SOLUTIONS SERVICE AGREEMENT 500 W Monroe Street Quote Number : QUOTE -1225417 Chicago, IL. 60661 Contract Number: USC000005054 (888) 325-9336 Contract Modifier: R12 -MAR -2020 ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account. This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. Section 12. EXCLUSIVE TERMS AND CONDITIONS 12.1 This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2 Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement will not affect its applicability. In no event will either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: the purchase order, acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the intention of both parties to override and modify this Agreement; and the purchase order, acknowledgement, or other writing is signed by authorized representatives of both parties. Section 13. PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1 Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola's property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or as required by law, any confidential information or data to any person, or use confidential information or data for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section survive the expiration or termination of this Agreement. 13.2 Unless otherwise agreed in writing, no commercial or technical information disclosed in any manner or at anytime by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. 13.3 This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property, including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. Section 14. FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters. 6?:mfi7TF-Mole)/:1Z/_10119No] it4:1ddZ118]1 During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law. Section 16. MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer's custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. This property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises by Motorola at any time without restriction. Section 17. GENERAL TERMS 17.1 If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect. 17.2 This Agreement and the rights and duties of the parties will be Interpreted in accordance with the laws of the State in which the Services are performed. 17.3 Failure to exercise any right will not operate as a waiver of that right, power, or privilege. aMOTOROLA SOLUTIONS 500 W Monroe Street Chicago, IL. 60661 (888) 325-9336 SERVICE AGREEMENT Quote Number : QUOTE -1225417 Contract Number: USC000005054 Contract Modifier: R12 -MAR -2020 17.4 Neither party is liable for delays or lack of performance resulting from any causes that are beyond that party's reasonable control, such as strikes, material shortages, or acts of God. 17.5 Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement. 17.6 Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a "Separated Business"), whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a "Separation Event"), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the Separation Event. 17.7 THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates. 17.8 If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those services on a time and materials basis at Motorola's then effective hourly rates. 17.9 This Agreement may be executed in one or more counterparts, all of which shall be considered part of the Agreement. The parties may execute this Agreement in writing, or by electronic signature, and any such electronic signature shall have the same legal effect as a handwritten signature for the purposes of validity, enforceability and admissibility. In addition, an electronic signature, a true and correct facsimile copy or computer image of this Agreement shall be treated as and shall have the same effect as an original signed copy of this document. Revised June 16, 2018 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 approve a payment in the amount of $86,478.55 to Motorola for the City's portion of an annual maintenance agreement for support of the shared 800 MHz radio system. The maintenance agreement is effective September 1, 2020 and will terminate August 31, 2021. 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 21st day of April, 2020. - Mayor Becky Ames - E BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: April 21, 2020 REQUESTED ACTION: Council consider a resolution approving the renewal of an annual maintenance agreement with WatchGuard Video for use in the Police Department. • To I'ZlJ:Z�li1►17 Watchguard Video is used by Police for their in -car and body camera video. 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 agreement in the amount of $58,710.00 includes both in -car video hardware and software maintenance for the current fiscal year. FUNDING SOURCE Police — Confiscated Goods, 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 WatchGuard Video, the sole source having exclusive rights to modify and maintain the software, in the amount of $58,710.00, for hardware and software maintenance for use by the Police Department for in -car and body camera video. 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 14th day of April, 2020. - Mayor Becky Ames - F BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: April 21, 2020 REQUESTED ACTION: Council consider a resolution approving a contract with Higginbotham Insurance Agency, Inc. for insurance brokerage services. t1RUTGA�!'lZ1111 ULD The State of Texas allows cities to obtain a property insurance broker who acts on the city's behalf in obtaining property insurance quotes from various insurance carriers. In addition to providing insurance coverage placement, the broker will provide inspection and evaluation of buildings, building appraisals, risk modeling and all wind and hurricane exposure services. The broker cannot submit bids on insurance products and the services are rendered on a "fee only" basis. A Request for Proposal (RFP) for a property insurance broker was sent to twelve (12) potential respondents. Three responses were received. A panel of City staff met and evaluated the responses according to the criteria provided in the RFP. A copy of the evaluation is attached. The RFP as solicited was for a one-year contract. There is an option to renew this contract annually for a maximum of two renewals at the same pricing. Higginbotham Insurance Agency, Inc. is the current provider for the property insurance broker and submitted a bid with a cost of $20,000 which is half the cost of their prior contract at the annual cost of $40,000. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. RICH WITH OPPOHTONITT EA,U j N'OCITY �PURCHASINGUDIVVISION UMONT, TEXAS T • E:- X • A • S CRITERIA EVALUATION SHEET RFP Name: Property Insurance Broker Services RFP Number. PF0320-10 RFP Opening Date: April 2, 2020 Contact Person: Patrick Bardwell, Purchasing Manager Patrick. ba rdwell(abea um onttexas.g ov Phone: 409-880-3175 McGriff, Seibels & Williams San Antonio, TX USI Southwest, Inc. EI Paso, TX Higginbotham dba " Talon Insurance Nederland, TX Criteria Max;Points Score. Score Score , Responsiveness to the RFP 10 10 9.67 10 Economic Evaluation of the proposed fee schedule 40 35 34 38 Capability and resources to provide the requested services and information contained in the proposal 50 45 46.33 48 Total Points 1 100 90 90 96 RESOLUTION NO. WHEREAS, Request for Proposals (RFP) were solicited for a one (1) year contract, with an option to renew for two (2) additional one (1) year periods, for insurance broker services on behalf of the City of Beaumont for all property insurance related services; and, WHEREAS, Higginbotham Insurance Agency, Inc. submitted a proposal in the amount of $20,000.00; and, WHEREAS, City Council is of the opinion that it is in the best interest of the citizens of the City of Beaumont that the proposal submitted by Higginbotham Insurance Agency, Inc. should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the Request for Proposal submitted by Higginbotham Insurance Agency, Inc. for a one (1) year contract, with an option to renew for two (2) additional one (1) year periods, for insurance broker services for all City of Beaumont property insurance related services in the amount of $20,000.00 be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Higginbotham Insurance Agency, Inc., of Nederland, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of April, 2020. - Mayor Becky Ames - G BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: April 21, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to apply for and receive up to $283,674 in Coronavirus Emergency Supplemental Funding from the United States Department of Justice. BACKGROUND The Coronavirus Emergency Supplemental Funding Program provides funding to assist eligible states, local units of government and tribes in preventing, preparing for, and responding to the coronavirus. The funding will be used to purchase personal protective equipment, air sanitizers, vehicle sanitizers, gloves, masks and pay for eligible first responder overtime. FUNDING SOURCE No matching funds are required. RECOMMENDATION Approval of the resolution. BJA FY 2020 Coronavirus Emergency Supplemental Funding TX ABILENE CITY Municipal $139,475 TX ALAMO CITY Municipal $38,953 TX AMARILLO CITY Municipal $328,669 TX ANDERSON County $58,008 TX ANGELINA COUNTY County $58,008 TX ARLINGTON CITY Municipal $479,605 TX AUSTIN CITY Municipal $885,407 TX BALCH SPRINGS CITY Municipal $45,613 TX BASTROP COUNTY County $47,859 TX BAYTOWN CITY Municipal $63,737 TX BEAUMONT CITY Municipal $283,674 TX BELL COUNTY County $58,008 TX BELLMEAD.CITY Municipal $37,871 TX BEXAR COUNTY County $137,462 TX BIG SPRING CITY Municipal $44,221 TX BOWIE COUNTY County $58,008 TX BRAZORIA COUNTY County $37,558 TX BRAZOS COUNTY County $58,008 TX BROWNSVILLE CITY Municipal $110,433 TX BRYAN CITY Municipal $88,749 TX CAMERON COUNTY County $45,923 TX CARROLLTON CITY Municipal $45,072 TX COLLEGE STATION CITY Municipal $55,063 TX COLLIN COUNTY County $58,008 TX COMAL COUNTY County $38,103 TX CONROE CITY Municipal $57,696 TX COPPERAS COVE CITY Municipal $40,426 TX CORPUS CHRISTI CITY Municipal $521,426 TX CORSICANA CITY Municipal $35,081 TX CORYELL COUNTY County $58,008 TX DALLAS CITY Municipal $2,282,871 TX DALLAS COUNTY County $58,008 TX DENTON CITY Municipal $82,398 TX DENTON COUNTY County $58,008 TX DESOTO CITY Municipal $43,213 TX DONNA CITY Municipal $44,917 TX DUNCANVILLE CITY Municipal $42,826 TX ECTOR COUNTY County $52,818 TX EDINBURG CITY Municipal $79,379 TX EL PASO CITY Municipal $604,520 TX EL PASO COUNTY County $67,919 TX FORT BEND COUNTY County $186,406 TX FORT WORTH CITY Municipal $1,070,032 TX FRISCO CITY Municipal $34,385 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to apply for and receive funding in an amount up to $283,674 through the Bureau of Justice Assistance Coronavirus Emergency Supplemental Funding (CESF) Program for the purchase of personal protective equipment, air sanitizers, vehicle sanitizers, gloves, masks and first responder overtime in preventing, preparing for, and responding to COVID-19; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents necessary to apply for and accept grant funding through the Bureau of Justice Assistance Coronavirus Emergency Supplemental Funding (CESF) Program in an amount up to $283,674. 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 21st day of April, 2020. - Mayor Becky Ames - BEAUMONT TEXAS VIRTUAL MEETING OF THE CITY COUNCIL TUESDAY, APRIL 21, 2020 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Public Comment: Persons may speak on scheduled agenda items 1-3/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a resolution authorizing a one year contract with Blue Cross Blue Shield of Texas with an option for four additional years effective January 1, 2021 for third parry administration of the City's self-funded Preferred Provider Organization (PPO) medical and dental plans 2. Consider amending Section 20.03.003 of the Code of Ordinances that would change the speed zone boundaries and the speed limit on one section of College Street (U.S. Highway 90) 3. Consider an ordinance denying the Entergy Texas, Inc. application for a Distribution Cost Recovery Factor rate increase on file with the City of Beaumont PUBLIC HEARING Receive comments on the proposed mandatory payment rate related to the Local Provider Participation Fund for FY 2020 4. Consider setting the mandatory payment rate related to the Local Provider Participation Fund for FY 2020 WORK SESSION Review and discuss the CenterPoint Energy 2019 Base Rate Increase COMMENTS Public Comment (Persons are limited to 3 minutes) Councilmembers/City Manager/City Attorney comment on various matters EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Shirley Allen INSTRUCTIONS FOR THE VIRTUAL MEETING To virtually attend the City Council meeting, join here: https://zoom.us/i/695767514 To attend the meeting strictly with audio, use the below telephone information: Phone Number: 877 853 5257 (Toll Free) or 888 475 4499 (Toll Free) Meeting ID: 695 767 514 (PLEASE SEE NEXT PAGE FOR MORE DETAILS) Persons with disabilities who plan to join this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. INSTRUCTIONS FOR THE VIRTUAL CITY COUNCIL MEETING To virtually attend the City Council meeting, join here: https:Hzoom.us/j/695767514 To attend the meeting strictly with audio, use the below telephone information: Phone Number: 877 853 5257 (Toll Free) or 888 475 4499 (Toll Free) Meeting ID: 695 767 514 During public comments you will be able to notify the City Clerk that you would like to speak. You will "Raise your Hand". From an audio only call to raise or lower your hand dial *9. From the online platform you will have an option to click in the webinar controls. OF Windows INMae 1.,Click. Raise Hand in;'the, Webinar Controls. 2. The -host will be notified that you've raised your hand. 3. Click LowerHand t0' lower it if'°needed. Note: • Windows: You can also; use the Alt+Y keyboard,'shortcut to raise or lower your hand. Mac. You can also use the Option+Y keyboard shortcut to raise or lower your -hand. 1 April 21, 2020 Consider a resolution authorizing a one year contract with Blue Cross Blue Shield of Texas with an option for four additional years effective January 1, 2021 for third party administration of the City's self-funded Preferred Provider Organization (PPO) medical and dental plans BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: April 21, 2020 REQUESTED ACTION: Council consider a resolution authorizing a one year contract with Blue Cross Blue Shield of Texas (BCBSTX) with an option for four additional years effective January 1, 2021 for third party administration of the City's self-funded Preferred Provider Organization (PPO) medical and dental plans. BACKGROUND The City currently offers medical and dental benefits to 1,244 full-time employees and medical benefits to 201 retirees. The FY 2020 estimated cost of providing a PPO Plan and dental benefits is $16,456,000. As medical costs continue to rise, the City faces a challenge in providing the same level of medical benefits as in previous years. A Request for Proposal (RFP) was solicited and publically opened on February 27, 2020. Holmes Murphy is the City's benefits consultant and has assisted the City in the evaluation of the responses. Two medical and two dental proposals were received and City staff along with Holmes Murphy staff reviewed the responses from BCBSTX and United Healthcare. After analyzing and negotiating with the finalists, City staff and Holmes Murphy concluded that BCBSTX, the incumbent carrier, offered the most cost effective plan with an extensive provider network and deep provider discounts. Renewal administrative rates projected by BCBSTX for the PPO Plan increased 2% for years 2021-2023. Administrative costs for years 2024 and 2025 were negotiated to increase 3%. The final negotiated rates are lower than the projected industry trend of 8% and the projected increase could be higher depending on the impact of the Covid-19 outbreak. The PPO Medical plan consists of the following benefits: Plan Design PPO Plan Deductible $500 Primary Care Doctor $10 Specialist $30 Staff recommends implementation of the following rates to be paid by the City for PPO and Dental administration effective January 1, 2021: 2021-2023 Monthly PPO 2024/2025 Monthly PPO Administration Rates Administration Rates BCBS United BCBS United Employee Only $47.49 $51.83 $48.91/$50.38 $54.52/$57.14 Employee + 1 $47.49 $51.83 $48.91/$50.38 $54.52/$57.14 Dependent Employee + $47.49 $51.83 $48.91/$50.38 $54.42/$57.14 Family 2021 Monthly Dental 2022-2025 Monthly Dental Administration Rates Administration Rates BCBS United BCBS United Employee Only $3.10 $3.14 $3.25 $3.14 Employee + 1 $3.10 $3.14 $3.25 $3.14 Dependent Employee + $3.10 $3.14 $3.25 $3.14 Family FUNDING SOURCE Employee Benefits 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 enter into a one-year contract with Blue Cross Blue Shield of Texas (BCBSTX), with an option for four (4) additional years, at the negotiated rates, for third party administration of the City's self-funded Preferred Provider Organization (PPO) medical plan and self-funded dental plan effective January 1, 2021. 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 21st day of April, 2020. - Mayor Becky Ames - 2 April 21, 2020 Consider amending Section 20.03.003 of the Code of Ordinances that would change the speed zone boundaries and the speed limit on one section of College Street (U.S. Highway 90) BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: April 21, 2020 REQUESTED ACTION: Council consider amending Section 20.03.003 of the Code of Ordinances that would change the speed zone boundaries and the speed limit on one section of College Street (U.S. Highway 90). BACKGROUND The Texas Department of Transportation (TxDOT) performed a traffic survey of College Street (U.S. Highway 90) from the western city limits (Keith Road) to FM 364 (Major Drive). The average crash rate over the past three (3) years for this section of road is 364, nearly double the statewide average of 160 for similar roadways. Administration and TxDOT propose the speed zone boundaries and speed limit for these sections of College Street (U.S. Highway 90) be amended under the schedule Chapter 20 Section 20.03.003 to read as follows: Street Limits of Zones College (c) From a point 60 feet west of the Street (U.S. centerline of 23rd Street to a point Hwy 90) 60 feet east of the centerline of Wescalder. (d) From a point 60 feet east of the centerline of Wescalder to the west city limits. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the ordinance. Direction of Speed In Miles Travel Per Hour Max. Min. East and West 50 East and West 55 EXHIBIT 1 Speed Zone Revisions PROPOSED SPEED ZONES IN BLUE - (d) From a point 60 feet east of I (c) From a point 60 feet west of the centerline of Wescalder the centerline of 23rd Street to the west city limits. to a point 60 feet east of the centerline of Wescalder. t 6�i� e�'�jjti ap .., r� � � �.. ,^tiJ�� r� _'l, .i i�,. 4L. '�7% y.t�i! ti 5'�" _� i• {tt-� �;" �, t Z v ^ �� .Alta- l�'� SEf.��,' � 6°.� i j'"',� ?� ,�"i ".•7`��' � y , � x` 0 mph.. •.i �W�,l:a7 �' (r�,, 60 mph ,'ff F �l 55 rr.,(.. ); •ti i�71t'r 11 . '.t mphI r 3° t: ���'�t"-�:'}M L'i { � 't�f • ��a I 7�S ^�� :,t,.;fs,l= ."P :�f r •i.• W j�� ! �: W r. 4 E .-,•?C {� l .,p ^�i. f � ., !�` � 4p J � I f _ 0 �. • y�Y :� ihF� .Y t I. � �• ai (e) From a point 60 feet (d) From a point 200 feet (c) From a point 60 feet west east of the centerline west of the centerline of of the centerline of 23rd of Wescalder to the I FM 364 (Major Drive) to I Street to a point 200 feet west city limits. a point 60 feet east of the west of the centerline of centerline of Wescalder. FM 364 (Major Drive). I I EXISTING SPEED ZONES IN RED Proposed Speed Limit Reduction on College Street (U.S. Hwy 90) From Keith Road to Major Drive B.G.B. 04-13-2020 EXHIBIT 2 - Jefferson County City of Beaumont --► TxDOT Speed Zone Map a� as a0- �o cD LU LU CIO � a Z� �a �CL 0- ��� a CL EXISTING 75 MPH PROPOSED 65 MPH I I I I I I I I I I I I of cc of �I I ICri WII 0 I I 9Q o MAP OF 28-06 I xl'I LLI CONT °-m 111L 0827kq_ H Gty of 8--t LIBERTY 8 5� 3 5 ® gip® a C.L. OWIN65 HWY 90 FM 365 n rLI go I QE L,NT UISTt [aT XI°t[lM1 115 90 CITS�. uav F"' °"' `°'° SPEED ZONE CITY, °S -MSt6m • ilT4 alXl°[Nf v k° SV[m 1[x51000 PpI50Yl I.AM aCCI°E.i )In tiaBCM K l'J0.S P6d5° 0 i°OPCNI'[ CWaQ aCCI°df tliv MAP DRAWN - 12/2//2019 - P.B. AMUM Ualm 5060 TR14 R16 ItQID[Ot BY [ :SS1°x M]WE AS Proposed Speed Limit Reduction on College Street (U.S. Hwy 90) From Keith Road to Major Drive ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 20, ARTICLE 20.03, SECTION 20.03.003 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS BY CHANGING AND AMENDING SPEED LIMITS AND SPEED ZONE BOUNDARIES TO THE SCHEDULE FOR COLLEGE STREET (U.S. HWY 90); DELETING CHAPTER 20, ARTICLE 20.03, SECTION 20.03.003(e) OF THE SCHEDULE FOR COLLEGE STREET (U.S. HWY 90); PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 20, Article 20.03, Section 20.03.003 (c) and (d) of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended by changing and adding speed limits and speed zone boundaries to the Schedule College Street (U.S. Hwy 90) to read as follows: Street Limits of Zone Direction of Travel College (c) From a point 60 feet west of the East and Street (U.S. centerline of 23rd Street to a point 60 West Hwy 90) feet east of the centerline of Wescalder. East and (d) From a point 60 feet east of the West centerline of Wescalder to the west city limits. Sneed In Miles Per Hour Max. Min. 50 55 Section 2. That Chapter 20, Article 20.03, Section 20.03.003(e) of the Code of Ordinances of the City of Beaumont, be and the same is hereby deleted. Section 3. That if any section, subsection, sentence, 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 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance 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 21st day of April, 2020. - Mayor Becky Ames - rt] April 21, 2020 Consider an ordinance denying the Entergy Texas, Inc. application for a Distribution Cost Recovery Factor rate increase on file with the City of Beaumont BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: April 21, 2020 REQUESTED ACTION: Council consider an -ordinance denying the Entergy Texas, Inc. application for Distribution Cost Recovery Factor rate increase on file with the City of Beaumont. I.._ ►_ 41, 1 lU_I� On March 31, 2020 Entergy Texas, Inc. filed an application with the cities in its service area and at the same time with the Public Utility Commission of Texas (PUCT) to amend its Distribution Cost Recovery Factor (DCRF). The DCRF filing allows the company to make adjustments to an existing non -fuel rate based upon changes in its distribution related investment capital. The scope of a DCRF proceeding is limited and the time line for addressing these cases is shorter than the typical rate case. Cities have sixty (60) days to either accept, modify, or reject the DCRF application. The existing tariff approved in 2019 allows $3.2 million in annual revenue. The application before you is requesting to collect an additional $20.4 million in annual revenue, making a total of $23.6 million in annual revenue. As a result, residential customers would incur $14.6 million or (62%) of the increase. This translates into approximately $2.09 per month for an average residential customer using 1000 kWh per month. The Cities utility attorneys and consultants are reviewing the application to determine the propriety of the calculations, class billing determinants, and resulting rates. In the past, DCRF applications were resolved with Entergy receiving less than the requested.amounts. It is the recommendation that the application be denied. A denial will allow for an appeal of the decision which will be joined with the already existing case before the PUCT for a full review. FUNDING SOURCE The reasonable expenses associated with rate cases are reimbursable by the company as provided for in the Public Utility Regulatory Act. RECOMMENDATION Approval of ordinance. ORDINANCE NO. AN ORDINANCE BY THE CITY OF BEAUMONT, TEXAS ("CITY") DENYING THE DISTRIBUTION COST RECOVERY FACTOR RATE INCREASE REQUEST OF ENTERGY TEXAS, INC. FILED ON MARCH 31, 2020; SETTING JUST AND REASONABLE RATES FOR ENTERGY TEXAS, INC. FOR SERVICE WITHIN THE MUNICIPAL LIMITS; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS. WHEREAS, on or about March 31, 2020, Entergy Texas, Inc. ("Entergy") filed an Application to Amend its Distribution Cost Recovery Factor ("DCRF") with the City to increase electric rates by amending its DCRF rider pursuant to Public Utility Regulatory Act ("PURA") Section 36.210; and, WHEREAS, City has exclusive original jurisdiction over the rates, operations and services of an electric utility within its municipal limits pursuant to PURA Section 33.001(a); and, WHEREAS, the jurisdictional deadline for the City to act in this rate matter is May 30, 2020; and, WHEREAS, Entergy's existing DCRF rider is set to collect approximately $3.2 million per year; and, WHEREAS, Entergy's proposed amended Distribution Cost Recovery Factor rider would increase customer rates in the Entergy Service Area by approximately $20.4 million per year, for a total of $23.6 million per year; and, WHEREAS, the City retained the Lawton Law Firm, P.C. to review the Company's rate request and make necessary rate recommendations to the City; and, WHEREAS, the Lawton Law Firm has recommended that the City deny the Company's request to amend its Distribution Cost Recovery Factor; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That the statement and findings set out in the preamble to this ordinance are hereby in all things approved and adopted. Section 2. The City of Beaumont hereby denies Entergy's request to amend its Distribution Cost Recovery Factor in total. Section 3. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code Chapter 551. Section 4. This ordinance shall become effective from and after its passage. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of April, 2020. - Mayor Becky Ames - ATTEST: City Clerk PUBLIC HEARING Receive comments on the proposed mandatory payment rate related to the Local Provider Participation Fund for FY 2020 April 21, 2020 Consider setting the mandatory payment rate related to the Local Provider Participation Fund for FY 2020 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: April 21, 2020 REQUESTED ACTION: Council consider setting the mandatory payment rate related to the Local Provider Participation Fund for FY 2020 and holding a public hearing. BACKGROUND On June 9, 2015, the City Council authorized the City's participation in a municipal health care provider participation program to support the payment of Medicaid supplemental hospital payments to Safety -Net Hospitals in the City. At the same time, the City Council authorized the execution of indigent care affiliation agreements with Baptist Hospitals of Southeast Texas and Christus Hospital. In addition, on July 28, 2015, the City Council approved model rules and procedures related to the City of Beaumont's facilitation of the program. The City of Beaumont is required to set the amount of the mandatory payments required to be paid by the hospitals. The mandatory payment must be uniformly proportionate with the amount of net patient revenue generated by each paying hospital in the municipality. The mandatory rate for the fiscal year ending 2020 will be 3.46%. FUNDING SOURCE Local Safety -Net Hospitals will make mandatory payments into the Beaumont Municipal Health Care Provider Participation Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. RESOLUTION SETTING THE MANDATORY PAYMENT RATE FOR THE FISCAL YEAR 2020 FOR THE LOCAL PROVIDER PARTICIPATION FUND IN THE MUNICIPAL HEALTH CARE PROVIDER PARTICIPATION PROGRAM. WHEREAS, The Texas Legislature enacted S.B. 1387, which added Section 295 to the Health and Safety Code and which went into effect immediately upon being signed by the Governor May 23, 2015; and, WHEREAS, pursuant to Section 295 of the Health and Safety Code, the City Council has authorized the City of Beaumont to participate in a municipal health care provider participation program and establish a Local Provider Participation Fund; and, WHEREAS, the purpose of participation in a municipal health care provider participation program is to generate revenue from a mandatory payment that may be required by the City from each institutional health care provider located in the City of Beaumont; and, WHEREAS, revenue generated from mandatory payments may be used to fund certain intergovernmental transfers; and, WHEREAS, pursuant to 295.151 of the Health and Safety Code, a city that collects a mandatory payment must set the amount of the mandatory payment; 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 ordinance are hereby, in all things, approved and adopted; and, THAT the Beaumont City Council sets the amount of the mandatory payment for the fiscal year ending 2020 as 3.46% of the net patient revenue of an institutional health care provider located in the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Council of the City of Beaumont is authorized to take all other actions necessary to meet the requirements of Chapter 295. 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 21st day of April, 2020. - Mayor Becky Ames - WORK SESSION * Review and discuss the CenterPoint Energy 2019 Base Rate Increase